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1993-12-13 SPM�kq A meeting of the Town Board of the Town of Wappinger was held on December 13, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, Dutchess County, New York. Supervisor Smith Called the Meeting to Order At 6:50 P.M. Present: Constance Smith, Supervisor June Visconti, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Robert Wallace, Councilman Other Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Daniel Wery, Associate/Planning The Supervisor called a Special Town Board Meeting for Monday December 13, 1993 at 6:45 for the purpose of introducing a Local Law amending the Zoning Map of the Town of Wappinger to rezone properties of W.B. Nelson to be known as "Rolling Meadows". Daniel Wery, Planner submitted a Negative Declaration for SEQRA for the proposed rezoning amendment. MRS. VISCONTI moved to accept the Negative Declaration submitted by the Town Planner. Seconded by MR. VALDATI The following Resolution was moved by Councilperson VISCONTI and Seconded by Councilperson VALDATI. RESOLUTION WHEREAS, Town Board of the Town of Wappinger has heretofore received an application from W.B. Nelson Construction, Inc., 1400 Route 52, Wicoppe Plaza, Hopewell Junction, New York 12533 for the rezoning of a 54.091 -acre parcel located on the south side of Maloney Road approximately 1,400 feet east of the intersection with NYS Route 376, from the present zoning classification of AI - Airport Industrial to RMF -5 Multi -Family Residence; and Page 1 931213. SPM WHEREAS, the request for rezoning has been referred to the Dutchess County Planning Department; and WHEREAS, the matter has been further referred to the Town of Wappinger Planning Board pursuant to Section 602 of the Zoning Law of the Town of Wappinger, and after the Planning Board meeting of December 6, 1993, the Wappinger Planning Board has recommended to the Town Board that the subject premises should be rezoned as proposed, with the express understanding that the Planning Board's recommend, with the express understanding that the Planning Board's recommendation is not to be construed as a commitment to any specific development of the site at the maximum density permitted after the proposed rezoning and with the further understanding that the extent of any development will be determined at the time the Planning Board completes a site specific environmental review in accordance with SEQR, when, as and if the property owners submit an application for development in accordance with the RMF -5 zoning district and restrictive covenant; and WHEREAS, prior to any development approval by the Planning Board will undertake a full environmental review in accordance with the SEQR, including the preparation of an Environmental Impact Statement (EIS) if necessary as determined by the Planning Board; and WHEREAS, the Town Board of the Town of Wappinger desires to consider the formal adoption of the proposed amendment to the Zoning Law of the Town of Wappinger and the related Zoning Map of the Town of Wappinger by changing the zoning classification of the premises owned by W.B. Nelson Construction, Inc. from AI - Airport Industrial to RMF -5 Multi -Family Residence Subject to execution of an Agreement between the Town of Wappinger and the Applicant and a Declaration of Restrictive Covenants; and WHEREAS, in accordance with SEQR, the Town Board determined that the proposed action is a Type I action which requires a coordinated review; and WHEREAS, in accordance with SEQR, as only the Involved Agency with respect to the proposed action, the Town Board automatically assumed the role of Lead Agency; and WHEREAS, the Town Board has caused to be completed a Full Environmental Assessment Form (Parts 1, 2 and 3); and WHEREAS, the proposed rezoning is an upzoning--that is, from one of the least restrictive zoning districts permitting the most intensive of uses to a more restrictive zoning district permitting less intensive development and only residential uses; and WHEREAS, the proposed upzoning is likely to reduce the potential for adverse environmental impacts; and WHEREAS, the application materials demonstrate that the requested upzoning will not result in significant adverse impact upon the environment as the RMF -5 district does not permit as intense development as does the AI District, the upzoning will decrease the maximum permitted building coverage, floor area ratio and impervious surface, which changes alone significantly reduce the potential for the generation of traffic and Page 2 931213. SPM stormwater runoff, the proposed zone change also increases the minimum required amount of open space and would ensure that a larger portion of the property will be preserved in its natural state, and the limitations upon the overall density, dwelling unit size and occupancy of the development, as provided in the restrictive covenant, should also minimize the demand upon community services; and WHEREAS, Town of Wappinger Town Board has considered the criteria for determining significance set forth in 6 NYCRR Parts 617.11(a) and 617.6(g), and by resolution dated December 13, 1993 adopted a Negative Declaration accordance with SEQR and thereby determined that the proposed action will not result in a significant adverse impact upon the environment and that an Environmental Impact Statement will not be prepared; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town o Wappinger hereby introduces for consideration of its adoption proposed Local Law of the year 1993 in the form annexed hereto; except as specifically modified by the amendments contained herein, 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. 2. The Town Board of the Town of Wappinger hereby schedules a public hearing regarding the adoption of the annexed ,,.. proposed Local Law for 6:45 PM on the 27th of December, 1993 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. 3. The Town Board of the Town of Wappinger hereby directs the Town Clerk to serve a copy of this resolution, the annexed proposed Local Law and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE 0. SMITH voting Aye JAMES MILLS, JR. voting Absent ROBERT L. VALDATI voting Aye JUNE A. VISCONTI voting Aye ROBERT P. WALLACE, JR. voting Absent Resolution duly adopted. Page 3 -,q 51 931213. SPM The following resolution was moved by Councilperson VISCONTI and seconded by Councilperson Valdati. RESOLUTION WHEREAS, the Town Board of Town of Wappinger has heretofore received an application from W.B. Nelson Construction, Inc., 1400 Route 52, Wicoppe Plaza , Hopewell Junction, New York 12533 for the rezoning of a 54.091 -acre parcel located on the south side of Maloney Road approximately 1,400 feet east of the intersection with NYS Route 376, from the present zoning classification of AI - Airport Industrial to RMF -5 Multi -Family Residence; and WHEREAS, the proposed action only involves the requested upzoning of the property from AI - Airport Industrial to RMF -5 Multi -Family Residence; and WHEREAS, while the segmentation of interrelated actions such as a rezoning and a subsequent site plan application are contrary to the intent of the SEQR process, in cases such as this, such segmentation is permitted and appropriate; and WHEREAS, reasons justifying such segmentation include the following consideration: 1. The proposed rezoning is an upzoning as opposed to a downsizing and involves going from certain of the least restrictive and most intensive permitted uses to a more restricted and less intensive permitted use, that is from industrial to residential; 2. It would appear on a generic or conceptual level that the impacts of the proposed rezoning would not result in a significant adverse impact upon the environment; 3. Based upon a review of the materials, it would appear that it may be appropriate to issue a Negative Declaration on the requested upzoning; 4. Considerable additional planning, engineering and design work would be required before a determination of significance could be made on a detailed site plan application; 5. A combined review of the rezoning petition and an application for Site Development Plan Approval would most likely not permit a determination of significance until a site plan had been developed and fully analyzed after considerable time and expense; 6. A site-specific environmental analysis, most likely in the form of an Environmental Impact Statement (EIS), would be required at the time an application is submitted for Site Development Plan Approval; and 7. The consideration of the rezoning application, in terms of SEQR, separate from a detailed site plan application will be no less protective of the environment; and Page 4 931213. SPM WHEREAS, the town Board has caused to be prepared a Full Environmental Assessment Form (EAF) Parts 1, 2 and 3; and WHEREAS, in accordance with SEQR, the Town Board determined that the proposed action is a Type I action which requires a coordinated review; and WHEREAS, in accordance with SEQR, as the only Involved Agency with respect to the proposed action, the Town Board automatically assumed the role of Lead Agency; and WHEREAS, the proposed rezoning is an upzoning -- that is, from one of the least restrictive zoning districts permitting the most intensive of uses to a more restrictive zoning district permitting less intensive development and only residential uses; and WHEREAS, the RMF -5 District does not permit as intense development as does the AI District; and WHEREAS, the upzoning will decrease the maximum permitted building coverage, floor area ratio and impervious surface, which changes alone significantly reduce the potential for the generation of traffic and stormwater runoff; and WHEREAS, the proposed zone change also increases the minimum required amount of open space and would ensure that a larger portion of the property will be preserved in its natural state; and WHEREAS, the limitations upon the overall density, dwelling unit size and occupancy of the development, as provided in the restrictive covenant, would also minimize th demand upon community services; NOW THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board of the Town of Wappinger has considered the criteria for determining significance set forth in 6 NYCRR Parts 617.11(a) and 617.6(g), and hereby makes the determination in accordance with SEQR that the proposed action will not result in a significant adverse impact upon the environment and that an Environmental Impact statement will not be prepared, and in particular the Town Board hereby adopts and incorporates the recitations and statements set forth above and in the attached Notice of Negative Declaration as if fully set forth and resolved herein: 2. The Town Board of the Town of Wappinger hereby directs the Town Clerk to file and circulate a copy of the attached Notice of Negative Declaration in accordance with 6 NYCRR Part 617.10 of the Environmental Conservation Law. Page 5 931213.SPM The question of adoption of foregoing resolution was duly put to a vote on roll call, which resulted as follows: CONSTANCE 0. SMITH voting Aye JAMES MILLS, JR. voting Absent ROBERT L. VALDATI voting Aye JUNE A. VISCONTI voting Aye ROBERT P. WALLACE, JR. voting Absent Resolution duly adopted MRS. VISCONTI moved to close the Special Meeting, seconded by Mr. Valdati. The Special Meeting closed at 6:54 P.M. Elaine H. Snowden Town Clerk 91 1 Page 6 931213A.PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 13, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law Amending the Regulation of Traffic and Parking on Patti Place and Robert Lane. Supervisor Smith opened the Hearing at 6:50 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Robert Wallace, Councilman Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Daniel Wery, Planner 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 of the Minutes of this Meeting). There were no comments or questions from the audience in reference to the proposed Local Law. MRS. VISCONTI moved to close the Public Hearing, seconded my Mr. Valdati and unanimously carried. The Hearing closed at 6:56 P.M. J ^ CUAa Elaine H. Snowden Town Clerk R I TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON'%A PROPOSED LOCAL LAW AMENDMENT REGULATING TRAFFIC AND PARKING WITHIN THE TOWN OF WAPPINGERS STATE OF NEW YORK ) )ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 1, 1993, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Regulating Traffic and Parking within the Town of Wappinger on the signboard 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to befor me this/' day of December, 1993 Notary Public LINDA M. LIUCCI f4otary t" State of New Yor% 2381770 ounh,. 'nitChn;gCoUaw Coniimss, pares 10/3 � NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the 13th day of December, 1993, at 6:50 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, 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 shall adopt a proposed Local Law amending Local Law #6 of the Year 1991, as amended, a "Local Law Regulating Traffic and Parking Within the Town of Wappinger", by designating the easterly most intersection of Robert Lane with Patti Place as a full stop intersection. PLEASE TAKE FURTHER NOTICE that copies of the said Local Law are available for review and inspection at the office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at Town Hall, 20 Middlebush Road, Wappingers Falls, New York. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that the proposed action is an exempt action for which no SEQRA review is required. DATED: November 24 , 1993 t BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAINE SNOWDEN TOWN CLERK Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, 1114r County of Dutchess, Town of Wappinger. JOAN MILLER NOTICE OF PUBLIC HEARItICi of the 'aTICE"s _RE6YINo°u�ERN,,, Town of Wappinger, Dutchess County, New York, the Town Bond OfTown of W SLIC Z t y dts a D*Csmbqr being duly sworn, says that he is, and at the several tomI at 8.80 p.m. at the Town HallTown Of , �.I W r�ahMiddkr,bush times hereinafter was, the BOOKKEEPER ad . Nsw York ........................ . and Parties In IMeresf :tty e mal"t"to w "" of the SOUTHERN DUTCHESS NEWS, a own Bio 01 to Trown�u, p. ienui.ng "Offt Local newspaper printed and published every Wednesday Year 1991, asan"rwsd, a 1.43" Law Rspulatkp TratflC and p Wlthln the Town of W.ppi„psr p in the Town of Wappinger, Dutchess County, New desip atinp the agterly most In plry full0bno"ptia�!"' York, and that the annexed NOTICE was duly PLEASETAK#0 000"E FURTHER NOTICE ensatralls I IOfftewa„`t' published in the said newspaper forone..... weeks at the oKics Of, the Town . lark00,p.., of ays Town H ll, 20 . I. successively in. each -week, commencing on the ;4:OO.p.m., at Town Hall. 20 Mid- dkbush Road, Wappirq" Falb, New York. 1 S t PL York TAKE FURTHER day of .....Dec: 1993.• and on the NOTICE that tM TOM H1epro poBsosadrd has salon following y 1s an ex ion ahbhnoBE; g dates thereafter, namely on ORA reyk�w is wgrsd. BY DER OF THE TOWN BOARD OF THE................................................................. TOWN OF W ELAIN SNOWDENR DeC +' DATED TOWN CLERK and ending on the ,, lst day of .............. • November 24 1>)Jt3 192q. both days inclusive. Subscribed and sworn to before me this ...1st..., day of December .......... 1991 Notary Public My commission expires ................................. 931213B.PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 13, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the proposed Local Law on Amendment to the Water Rates for The Central Wappinger Water Improvement Area in the Town of Wappinger. Supervisor Smith opened the Hearing at 6:56 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Robert Wallace, Councilman Others Present: Albert Roberts, Attorney to the Town Joseph E. Paggi, Jr., Engineer to the Town Daniel Wery, Planner 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 of the Minutes of this Meeting). The Rate shall be raised from $12.50 per quarter to $16.00 per quarter for all users up to and including 2,500. cubic feet of water. Mrs. Smith stated that no increases in the rates had been made since 1987 because of a Fund down, to keep the rates low, but they have run out of money. Mrs. Smith remarked that the rates are still reasonable. There were no comments or questions from the audience in reference to the proposed Local Law. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 6:58. Elaine H. Snowden Town Clerk -1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW ON AMENDMENT TO THE WATER RATES FOR THE CENTRAL WAPPINGER WATER IMPROVEMENT AREA IN THE TOWN OF WAPPINGER. STATE OF NEW YORK ) ss: COUNTY OF-DUTCHESS AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, 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 ori December 1, 1993, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on Water use in the Town of Wappinger on the signboard 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. L Elaine H. Snowden Town Clerk Town of Wappinger r sir, Sworn to before me this 1, day of December, 1993 Notary Public I i\Ifs, pn i_IUCCI ?4otn' `•! • State of New York No.2381720 0 Iallfled In Dutchess CountyG� r—� Commission Expires 10/31/19- Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN Wttahaaapt,the Twn Boardt� DPftWWWWcondt� Pthe UB�LK.aHEAR- �ING an the 13th day of December, 1993, at 8:50 D•m. Mile Town Hall, at which time a8 M and citizerq shah an cep gto be heard as to what own Bald of the Town d �..InW shall adopt a propose Law amending Local Low 0 Year 1091, as amended. a bngy;I NOTICE that copies of the told Local Law aro av Wft for review and in-' spection at the of ed of the Town Clerk o,from 8:r a.m. to; 4:00.p.m., at , own Hall, 20 Mid- dlebush Road, Wappingers -Fab, Now York. PLEASE •TAKE. FURTHER NOTICE that the Town Board has determined that the proposed action Is anexempt pk h action for wno BE review Is required. BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAIN SNOWDEN, TOWN CLERK DATED: November 24, 1993 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. JOAN MILLER ............................................ of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ... BOOKKEEPER ................... 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 forone..... weeks successively in each week, commencing on the ..,1st„ day of .... .Dec; 1993. and on the following dates thereafter, namely on ................................................................. and ending on the ...1st . day of . Dec: 1923. both days inclusive. Subscribed and sworn to before me this ...1st.,,, day of December,,,,..,,,, 1993, ......................................... Notary Public My commission expires ................................. 931213C.PH A Public Hearing was held by the Town Board of the Town of Wappinger on December 13, 1993 at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, for the use of Community Development Funds in the Town of Wappinger. Supervisor Smith opened the Hearing at 7:00 P.M. Present: Constance Smith, Supervisor Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: James Mills, Councilman Robert Wallace, Councilman Others Present: Albert Roberts, Attorney to the Town Joseph E Paggi, Jr., Engineer to the Town Daniel Wery, Planner The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and make part thereof of the Minutes of this Meeting). Mrs. Smith stated that the consideration for C.D. Grants that we are applying for are as follows: 1) Fencing at recreation sights. a) Airport Park b) Montfort Road c) Martz Fields $11,500.00 2) Castle Point rest room facility with handicapped accessibility at Castle Pint recreation site. $46,000.00 3) Castle Point recreation site, install well and water connection. $ 7,000.00 4) Town of Wappinger Central Municipal Water Line, Route 9 Route 9D crossing. $22,000.00 Page 1 931213C.PH 5) Highway interconnection water line. $70,000.00 6) Senior Citizen Facility - Furniture $10,000.00 Also reimbursement of cost overage $15,000.00 Mrs. Smith stated that we are reapplying for our Senior Citizens Facility, so that we may recoup some of the funds. We do not expect to get all the money, but hope to get some. There were no comments or questions from the audience on use of Community Development Funds. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Valdati and unanimously carried. The Hearing closed at 7:04 P.M. C Elaine H. Snowden Town Clerk Page 2 i^ p= "t L"t 'p fi TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON USE OF COMMUNITY DEVELOPMENT FUNDS IN TOWN OF WAPPINGER. ----------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 8, 1993, your deponent posted a copy of the attached notice of Public Hearing on Use of Community Development Funds in Town of Wappinger on the signboard 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. Sworn to before me this December, 1993 Notary Public ,LINDA M. LIUCCI NOtary Public, State of New York No. 2381720 Qualified in Dutchess County Commisslon Explres 10/31/19 y; k� St, ZEaiLneH. Snowden Town Clerk Town of Wappinger II II TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON USE OF COMMUNITY DEVELOPMENT FUNDS IN TOWN OF WAPPINGER. ----------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes 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 December 8, 1993, your deponent posted a copy of the attached notice of Public Hearing on Use of Community Development Funds in Town of Wappinger on the signboard 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. Sworn to before me this December, 1993 Notary Public ,LINDA M. LIUCCI NOtary Public, State of New York No. 2381720 Qualified in Dutchess County Commisslon Explres 10/31/19 y; k� St, ZEaiLneH. Snowden Town Clerk Town of Wappinger