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1989-05-11 PHA Public Hearing was held by the Town Board of the Town of Wappinger on May 11, 1989, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on Amendments to the Zoning Ordinance and Zoning Map. Supervisor Paino opened the Hearing at 7:36 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman Others Present: Thomas Wood, Attorney *Raymond Arnold, Town Planner *Holly Thomas, Dutchess County Planner Assisted Growth Management Committee with the preparation of Amendments Planning Board Members: (Also Members of the Growth Management Committee) James Mills William Parsons Chris Simonetty The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized; they are attached hereto and made part thereof of the Minutes of this Hearing. The Minutes of this Hearing have been recorded by a Professional Stenographer and are filed in the Town Clerk's files under subject matter. ONAA-A aine H. Snowden Town Clerk STATE OF NEW YORK - COUNTY OF DUTCHESS TOWN OF WAPPINGER TOWN BOARD IN THE MATTER OF THE PUBLIC HEARING ON THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER, AND THE ADOPTION OF A NEW ZONING MAP. Town Hall 20 Middlebush Road Wappingers Falls, NY 12590 May llth, 1989 7:30 o'clock p.m. PRESIDING: IRENE M. PAINO, SUPERVISOR PRESENT PLANNING BOARD MEMBERS TOWN BOARD MEMBERS VINCENT G. FARINA CONSTANCE 0. SMITH ROBERT L. VALDATI CHRISTOPHER SIMONETTY WILLIAM PARSONS DONALD KELLER JAMES MILLS ELAINE H. SNOWDEN, TOWN CLERK GLADYS RUIT, DEPUTY TOWN CLERK HERBERT J. LEVENSON, ZONING ADMINISTRATOR RAYMOND ARNOLD, PLANNING CONSULTANT HOLLY THOMAS, CONSULTING PLANNER FOR THE TOWN & SENIOR PLANNER, DUTCHESS COUNTY PLANNING DEPARTMENT 47 Cannon Street Poughkeepsie, New York 12601 THOMAS F. WOOD, ESQ. ATTORNEY TO THE TOWN 153 Albany Post Road Buchanan, NY 10511 PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER 15 P.ART RTCKY T,ANF. POUGHKEEPSIE. NEW YORK 12601 <1> SUPERVISOR PAINO: Ladies and gentlemen, there is a sign in sheet in the hallway, next to the door and if you wish to speak this evening, please sign the sheet. We seem to have a rather large crowd this evening, and it will make things easier for us to call your name from the sign in sheet. The meeting will run in a more orderly fashion that way. So, if you've not done that, I will give you a few more minutes. [7:36 P.M. PUBLIC HEARING CONVENED.] SUPERVISOR PAINO: I call this Public Meeting to Order. Elaine? MRS. SNOWDEN: Mr. Farina? MR. FARINA: Here. MRS. SNOWDEN: Mr. Reis? [NO RESPONSE.] MRS. SNOWDEN: Mrs. Smith? MRS. SMITH: Here. MRS. SNOWDEN: Mr. Valdati? MR. VALDATI: Here. MRS. SNOWDEN: Mrs. Paino? SUPERVISOR PAINO: Here. MRS. SNOWDEN: All present but Mr. Reis. PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <2> "I would like to offer, for the record, first of all, the Affidavit of Posting and Publication. "Please take notice that the Town Board of the Town of Wappinger will conduct a Public Hearing on May 11, 1989 at 7:30 p.m. at the Town Hall of the Town of Wappinger, at 20 Middlebush Road, Wappingers Falls, New York, to consider Amendments to the Zoning Ordinance of the Town of Wappinger and the adoption of a new Zoning Map. All of the proposed Amendments to the Ordinance are set forth at the foot of this notice and the proposed Map is further set forth. "The Town Board will also receive comments with respect to the Environmental Assessment Form which has been prepared and filed with the Town Clerk. Copies of the proposed Amendments as well as copies of the proposed Map are available at the Office of the Town Clerk of the Town of Wappinger during regular business hours, 8:30 a.m. to 4:00 p.m., Monday through Friday. "Furthermore, an enlarged copy of the proposed Zoning Map is on display at the Town Hall during regular business hours of 8:30 a.m. to 4:00 p.m., Monday through Friday. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <3> "All those wishing to be heard should come forward on the above date and time, or forward their written comments to the Town Clerk of the Town of Wappinger, on or before May 11, 1989 at 4:00 p.m. "By Order of the Town Board, Town of Wappinger, by: Elaine Snowden, Town Clerk." Further, I would like to offer, for the record, the recommendations from the Town of Wappinger Planning Board, the County of Dutchess Planning Department, and I would like to make reference to the fact that notices were sent to the Towns of Fishkill, East Fishkill, LaGrange, Poughkeepsie, the Village of Wappingers Falls, the Town of Newburgh, Orange County Legislature, and the Clerk of the Dutchess County Legislature, the Dutchess County Planning Board, on 14 April 1989. I have here correspondence, letters, received in opposition to various Amendments or proposed Amendments to the Zoning Map, and I will read off the names. The Town Board has received copies of each of these letters, and unless they wish them to be read, individually, into the record, at this time, I would like to instruct the stenographer to PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <4> consider these letters when transcribing the minutes, as having been read individually into the record, and thus have each of them a part of the proceedings of the meeting. The list of those who wrote letters are: Otto H. Feilen, representing his three parcels; Benjamin Roosa, and attorney, representing Posar Realty Corporation, William Hammond; David Hagstrom, an attorney, representing Carl Swenson; Harold Mangold, an attorney, representing James Klein, various parcels; John Lawrence; Anthony Montleone, an attorney, representing Alexander Hartman; Ernesto and Concetta Olivieri; Nancy and Denis Chambers; Nicholas Dagnone; Dena and Jeff Relyea; Joseph Jordan; Grace and Peter Elder; Mr. and Mrs. Mel Zipes; Mrs. Fred Snowden; Joseph C. Jordan, representing Andreas Metzger; Mark Eickelbeck; Bill Hammond, Posar Realty Corporation; Timothy L. Cronin, Jr., P.E.; Edward K. Hedberg, an attorney, representing Lisbon E. Allen; Barry S. Cohen. Correspondence that has been received after the 10th of May, which the Town Board members have not received, or perhaps not all of it, again are in opposition to the proposed Zoning Map Amendments PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <5> from Albert P. Roberts, an attorney representing John Montford; Richard Mitchell, an attorney representing Interstate Tire; Richard Mitchell representing Beverly Canter; Peter Van Kleeck, President of Pawling Savings Bank; Mildred Diddell, and Peter Tomasic. I think that concludes what I have to say. [THE FOLLOWING ARE THE LETTERS PROVIDED BY THE TOWN CLERK FOR INCLUSION IN THE MINUTES.] Dated April 29, 1989, received May 4, 1989 from Otto H. Feilen. "Dear Mr. Levenson: Zoning comments are included for: 19-6056-02-660680, 19-6056-02-703540, 19-6056-02-707890. "Would you please consider the comments for action prior to finalization of the proposed zoning changes. "Also, I would like to speak to the Town Board at the May 11, 1989 Public Hearing." "Reference: 19-6056-02-660680. Proposed Zoning Change. [DIAGRAM NOT REPRODUCED.] "The proposed zoning change for the referenced parcel is R-80 while around the present R-20 zoning it is more business and office research. The power PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <6> lines more represent business, as well as the land behind by usage which is storage of non registered vehicles (junk cars). Therefore, single family homes were difficult to justify with mainly business bordering. "This parcel should be is free of wetlands and the to Town is not R-80 zoning. viewed and walked as it biggest income benefit Neighborhood Business, Office Research 1 acre, power lines vehicle storage does not contribute parcel as residential zoning. "Therefore, it is recommended that for the new zoning it be 0 - Office, and under present zoning it be OR -1A - Office/Research 1 Acre. "This recommended zoning would be in keeping with the majority zoning around the property and not stand out as spot zoned. Route 9D does also provide the travel ease to support this zoning. The power lines behind are a natural divide point, as can be seen up the road where this right of way separates the Business and Residential zoning. The Business parcels being along Route 9D. "Very truly yours, Otto H. Feilen." Dated April 29, 1989, received May 4, 1989 and in view to keep this PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <7> from Otto H. Feilen. "Dear Mr. Levenson: Reference: 19-6056-02-703540 Proposed Zoning "The referenced parcel is presently R-20 and R-30 zoned and is proposed to be R-80. "This parcel is a substantial designated wetlands and therefore is under DEC control. As you are aware stringent rules apply. In the interest of the Town growth and highest land taxation, the R-80 single residential zoning does not justify early development. However, if the total surrounding acreage parcels are considered; 19-6056-02-703540 11.8 acres -815628 18 acres -721673 26 acres -770690 11 acres 66.8 acres there would be over 50 acres of undeveloped land, which would have at its west a natural divider of Central Hudson power lines, and at the east the NY State Stony Kill lands, and Route 9D on the south. Presently, about 26 acres (19-6056-02-72163) is in PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <8> use as business, non conforming. Across Route 9D is a Central Hudson Power Station and NB - Neigh- borhood Business Zoning. "If the parcels of total identified acreage is NB - Neighborhood Business zoned, within the three natural boundaries, this NB zoning would: 1. Recognize that Business can more afford to do the necessary development. 2. Increase the Town tax assessments, especially the present 26 Acre business usage of land, which could be assessed as business usage. 3. Allow Business development under the control of the Planning and Zoning Boards of the Town, while additional help of the DEC would ensure wetland conformance. "It is recommended that the referenced parcel and identified surrounding parcels be visited and walked, and that the proposed R-80 zoning not be implemented for the parcel(s) but rather NB - Neighborhood Business. "Very truly yours, Otto H. Feilen." Dated April 29, 1989 and received May 4, 1989. "Dear Mr. Levenson: PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <9> "Reference: 19-6056-02-707890-00 Proposed zoning. "The present zoning is NB - Neighborhood Business and is proposed to be CC - Conservation Commercial. "The referenced parcel has a touch of designated wetlands, but with the buffer zone there is considerable control on development. This parcel has been Local Business or Neighborhood Business zoning for the past 20 years, with assess- ments and taxes based on that usage. Although the site received prior planning and zoning approvals (site plan available on request) for a shopping mall, the area population at the time did not support its construction. "The parcel has over 1700 feet of road frontage and the proposed zoning change would effectively cut in half its usage. This would not provide the increase in tax assessments required to offset the Town budget operating expense increases. The change will not maintain a consistent usage for the years of taxes paid and that the Town received. "It is recommended that the referenced parcel retain the present NB - Neighborhood Business PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <10> zoning because: 1. The land and road frontage can support the over 20 years of consistent Business (Local and Neighborhood) zoning. It is recommended that the parcel be visited for a first hand observation. 2. Prior site plan approval has been given for a shopping mall which requires an updating for new rule conformance. 3. Higher taxation would result if the past and present zoning is maintained. 4. Adequate approvals and controls are in place to assure conformance to meet construction requirements and the Town plan. "Very truly yours, Otto H. Feilan." Letter from Roosa and Roosa, attorneys, dated April 28, 1989, received May 1, 1989, re: Grid No. 19-6157-04582220-00, "Gentlemen: We have been requested to communicate with you by the principal of Posar Realty Corp. who is the owner of certain realty located on Route 9 in the Town of Wappinger and shown on your tax map under the grid number above noted. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <11> "The property in question has been zoned commercial for many years and it is our understand- ing that you recently have proposed that the prop- erty be changed from that classification to a residential use and placed in an R20-40 classif- ication. "This change makes absolutely no sense to us since the property has been for ma[n]y years utilized commercially and is at the present time partially rented to a commercial enterprise and also utilized by the owner in a commercial manner. "In addition, all of the property except for the Fowler House Development along Route 9 has been zoned commercial and to exclude this parcel and an adjoining parcel from that classification would be spot zoning in our opinion. "Needless to say the change as proposed would create a tremendous hardship on our client since the property value would drastically decrease by the change of such classification since the use thereof would become a non -conforming use under your recent proposals. "It is therefore respectfully requested that the re -zoning of the aforementioned parcel be PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <12> reconsidered prior to the adoption of the proposals which will be the subject of a Public Hearing on May 11, 1989. "Very truly yours, Roosa and Roosa by Benjamin P. Roosa, Jr." Letter from VanDeWater and VanDeWater, attorneys, dated May 2, 1989, received May 3, 1989, "Re: Proposed Zoning Ordinance. "Dear Mr. Levenson: "I am pleased to advise you that we represent Carl H. Swenson, Jr. who owns tracts of land on New Hackensack Road, near the Dutchess County Airport. Under the current Zoning Ordinance, the parcels we are concerned about are zoned A -I or Airport Industrial. "On the parcels just south of the Brown Professional Building (on the west side of New Hackensack Road), it is proposed to rezone it to '0' - Office. We have no objection to that. "However, on the east side of New Hackensack Road, directly across from the parcel, and south of Cross -Court Tennis Club, it was formerly zoned A -I to a depth of 400 feet. That designation has been changed to R-20. It is respectfully submitted that PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <13> it would be good planning to have that portion rezoned to '0' - Office, consistent with the change on the west side of New Hackensack Road. This would also be in conformance with the prior designation of this land as 'A -I', and would leave similarly zoned lands facing each other. "We would request to be heard at the public hearing to give specific reasons in support of this zoning change. "Very truly yours, VanDeWater and VanDeWater By: David D. Hagstrom." Letter from Harold L. Mangold, attorney, dated May 2, 1989 received May 8, 1989, to Elaine Snowden, Town Clerk. "Re: James Klein Zoning Matter - Our File No. 89-290. "Dear Ms. Snowden: "I would ask that this letter be made part of the record of the meeting of May 11, 1989, with reference to the proposed zoning in the Town of Wappingers. "I wish to advise the Board that I represent James Klein and David Alexander, the owners of many parcels of property in the County of Dutchess, two PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <14> of which are being affected by your rezoning of the Town of Wappingers. I would like to address those two parcels. "On Route 9 is a 15 -acre [SIC] parcel presently in a split zone, 3 acres of which is in a HB2A zone and 12 acres of which is now in an R-20 zone without access except through the highway business zone. Present proposed zoning calls for the rezoning of the property to the new HB zone for the front 3 acres and the rear to conservation office park zone. It should be noted that the 12 acres IS LANDLOCKED except by access through the HB zone to Route 9. It is also obvious that it would be poor planning to require a conservation office park zone which only allows uses such as executive and administrative offices for business, government or professional; day-care facilities; buildings operated by the Town of Wappinger; warehousing, but not self -storage; and retail sales primarily serving the conservation office park to have as its sole access the multi -uses allowed in the HB zone which allows a much wider range of commercial uses. It is obvious that no one is going to pay money to have an office of the type described in the COP PHILIP E. STILLERMAN, RPR ( OFFICIAL COURT REPORTER <15> zone which would have to enter through an active commercial use. This obvious mistake must be rectified, or the appropriate application with regard to the rezoning process must be made. The property will never develop correctly under this system, and the use will never be achieved. It is respectfully requested that the 12 acres presently designated conservation office park zone be redesignated for highway business use. "Located on New Hackensack Road, also known as County Road 104, is a parcel of property of approx- imately 1.5 acres on which are located 3 Multiple Residence Buildings with 18 units. My clients have owned the property since 1960 or 1961. In the same area and on Wildwood Drive are located the Wildwood Apartments consisting of 60 to 70 units which are presently zoned RMF -3. Your proposed zoning change continues that designation. Unfortunately, the same changes continues my client's property as R-20 perpetuating a non -conforming use. It, in fact, creates and includes activity which is the antithesis of zoning and precludes the orderly progression of the use to meet the existing economic and zoning climate, and especially the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <16> planning for the Town of Wappingers as it continues to grow and improve. It is therefore requested that the parcel owned by James Klein in the proposed R-20 zone and presently used for multiple dwellings be appropriately rezoned to a multiple dwelling use which more nearly conforms to the present use of the property. "I will be present at the meeting and will be available to answer any and all questions. "Very truly yours, Harold L. Mangold, Esq." Letter from Lawrence Farms, Inc., dated March 17, 1989 received March 17, 1989. "RE: Proposed Zoning - Town of Wappinger Subject Property consists of 10.447 acres Located on Route 9 Identified as Grid #19-6156-02-710921 In the Town of Wappinger "Dear Mr. Levinson: [SIC] "As you are aware, the zoning at this time is Highway Business 2 acres for the above property. Under this zone, we have received site plan approval from the Town of Wappinger Planning Board to construct an additional 12,200 sq. ft. of retail space. Existing buildings of 13,000 sq. ft. are PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <17> currently being used for retail as provided by the zoning ordinance Town of Wappinger. "In reviewing the proposed zoning map dated January 1989, I find that approximately 20% of this parcel will be in HB Highway Business and the balance remaining of 80% is in the R20/40 zone. I ask that you please review my findings and place this property totally in HB Highway Business zone. The value of this property, as I am sure you are aware, will drop drastically if it does not remain in a Highway Business zone. "Thank you for your consideration. "Sincerely, John R. Lawrence." Letter from Monteleone and Bender, attorneys, dated April 10, 1989 received April 11, 1989. "Re: Proposed Zoning Ordinance. "Gentlemen: "This firm represents Alexander Hartman in connection with development proposals for his property located on Route 376 and Myers Corners Road. "The first purpose to be served by this letter is to inform you that we wish to reserve the opportunity to speak on behalf of our client at any PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <18> and all formal and informal public hearings which are to be held before either of your Boards incident to the adoption procedures with respect the proposed, revised zoning ordinance now before you. We would appreciate it, in this regard, if copies of the notices of such meetings could be sent directly to us at the address set forth above. "We would also like to take this opportunity to bring to your attention several areas of concern which we hope to address in more detail at the public hearing or hearings with are to be held. "With regard to the proposed R40/80 zone within which a major portion of our client's property would fall, we take note that not only is there a proposed significant decrease in overall development density, depending upon the availability of central water supply or sewage disposal facilities, but it is also proposed that minimum lot depth and width requirements be changed in such a way that densities would be reduced even further. Moreover, the available 'development envelope' within each lot would be severely restricted. Lots would become much more uniform in size and configuration. In an area of varying PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <19> topographic and geologic conditions, this simply will not work. What is being proposed represents to a large degree a reversion to 1950s subdivision standards, although the numbers involved in the proposed bulk regulations are admittedly different. "You also propose to change our client's zoning designation for the balance of his property from PI -1A to COP. The effect upon the develop- ment potential of our client's property is devastating. Not only would you increase minimum required lot sizes by a factor of ten (from one acre to ten acres), you also halve the limits on building footprint and on floor area ratio and increase front, rear and side yard setbacks to such a degree that the development envelope is unreason- ably restricted. For example, a parcel which would meet the minimum requirement of 500 feet in width, and which would, therefore, be approximately 800 feet in depth, would have a development envelope of only 100 feet wide after allowing for the two side yard setbacks of 200 feet each. Unless one is dealing with absolutely flat property containing no unusual geological features, development becomes virtually impossible as well as being tantamount to PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <20> confiscation due to the severe reduction of the development envelope. "The Planned Unit Development District (PUD) which is embodied in the proposed ordinance is virtually meaningless. The standards are so vague, that in effect, those sections of the ordinance have no legal significance other than to recite the availability of the same entitlement of a property owner to request a rezoning which already exists by virtue of constitutional principles. Unless some standards are incorporated which define and delimit the PUD concept and the ability of your Boards to shape a given proposal on an ad hoc basis, the PUD provisions in the proposed ordinance are simply without substance. "We take note that the proposed COP zone provides for a special permit use designated as Designed Multiple Use (DMU). However, there is a cross reference to the present section 442 of your ordinance which, strictly speaking, presumes an application for designed residential development on land which is already zoned for residential purposes. Unless some kind of parallel revision is made to section 442, the DMU special permit use for PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <21> the proposed COP zone cannot possibly be implemented without an extremely awkward interpretation of the ordinance itself. Further consideration at a technical level is indicated. "These are some, but not all of the points which are of concern to us and to our client. We hope and expect to have a reasonable opportunity to discuss these with you and to resolve the outstand- ing issues in a way which would make your new ordinance more reasonable and less confiscatory. Certainly, the proposed ordinance in its present form and content disadvantages our client to such a degree that the ability of the proposed ordinance to withstand a challenge based on State and Federal constitutional standards is seriously in question. We are; convinced that other property owners similarly disadvantaged would find themselves with no practical alternative except to fall back upon their legal remedies in Court. "Very truly yours, Monteleone and Bender, Anthony J. Monteleone." Letter dated May 10, 1989 from Ernesto and Concetta Olivieri, received May 9, 1989. "To: Town of Wappinger, Town Board. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <22> "From: Ernesto and Concetta Olivieri. "Re: Recent Rezoning Map and Property Zone Changes. "As you know, the area of land behind the five acres of property, Grid # 6157-02-668575 and Grid # 6157-02-645586, is zoned conservative office park. Presently, this area is being developed by Alpine Associates for use as a commercial plaza. As owners of the adjoining aforementioned five acre property, we would appreciate approval to rezone our residential property to commercial property. This appears necessary to keep our property consistent with our surroundings. In particular the commercial property of the 7-11 Store and Rent -All center to the east of our property. Also, the property owned by Alpine Associates to the north. "We appreciate any and all consideration you can give on this matter. "Sincerely, Ernesto Olivieri, Concetta Olivieri." Letter dated April 22, 1989 from Nancy and Denis Chambers, received April 27, 1989. "Dear Mr. Levenson: PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <23> "We are writing to you in the hope of having our property, located on Route 82 in Wappingers Falls, Grid # 19-6356-206904, considered for rezoning from residential to general business or some other classification that will allow us to run a small business from our home. "Our property is about 100 yards from property already zoned commercial (Steak Barn Restaurant) and 200 yards in the other direction down the road in the Town of Fishkill, a home is already zoned for small business. We have no neighbors on our east side (Horse Farm) or directly across the highway. Getting the approval of our remaining neighbors should be no problem. "Enclosed you will find out plot plan complete with grid numbers, etc. As we were not sure how to proceed with this, we felt it best to write to you first. "We thank you for your time and consideration in this matter, and look forward to hearing from you. "Sincerely yours, Nancy Chambers, Denis M. Chambers." Letter dated April 22, 1989 from Nicholas PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <24> Dagnone, Carmel Fitness Club, received April 26, 1989. "Dear Mr. Levenson: "I formally request for consideration that the following property be considered and changed to commercial zoning. The present status is Residential 1/2 Acre Zoning. "2.35 Acres # 19-6157-01-276805 corner of Middle Bush Rd. & Rt 9 D. "The presence of the town hall and traffic plus potential of increase traffic does not enhance this property for children and/or family residences. "I have enclosed a copy of the tax map for your review. I will be appearing at the Public Hearing for Zoning in May. "Thanking you in advance. "Very truly yours, Nicholas Dagnone, Carmel Fitness Club." Letter undated, from Jeff and Dena Relyea, All Season Siding, received February 3, 1989. "Mr. Levenson, "We have lived at 2 Middlebush Road for the last 2 1/2 years. When we bought this house, PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <25> traffic was heavy, but not as heavy as it is today. Since our area is growing everyday, we don't see the traffic situation improving on 9D & Middlebush. We sit it worsening. "We have been trying to sell our house through Weichert Realty for the last 4 months. There have been several interested buyers, but all rejections come from the traffic situation. "Our concern is that this property will not sell as a residential property. "There was someone very interested in our house for commercial use, which we fell would be the highest & best use for this property. "We as the owners, no longer feel this property is safe for residential use. "We are requesting that 2 Middlebush Rd. be rezoned for commercial use. "Thank you. Dena & Jeff Relyea." Letter from J and B Associates, dated March 1, 1989 Environmental/Development Consultants, Joseph C. Jordan, President, received March 3, 1989. "Dear Mr. Levenson: "I am writing you on behalf of my client who owns a 33.9 +/- acre parcel situate in the Town of PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <26> Wappinger, Dutchess County, New York (tax parcel #6358-03-144490). The parcel is located on the easterly side of the town immediately southwest of the intersection of Sprout Creek and N.Y.S. Route 376 (see attached map). The easterly boundary of the site is Sprout Creek which is also the town line between the Town of Wappinger and the Town of East Fishkill. The western property line is immediately adjacent to a parcel containing Central Hudson Gas & Electric power lines. "The purpose for writing this letter is to request a reconsideration of the proposed zoning of this particular parcel. As I understand from a conversation with Ms. Holly Thomas, this particular parcel/area is to remain residentially zoned as supported by the newly adopted plan for the Town of Wappinger. I regret that my concerns had not been expressed during the early states involved in pre- paring the Town Plan, however, at this point I would like to bring some of these concerns to your attention. "The primary concern is that both my client and the Town of Wappinger are able to realize the maximum potential utilization of the above PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <27> referenced parcel. For all intents and purposes, for my client, I would consider actual site utilization and return on investment the priority. Specifically for the town, safety and sit[e] utilization which would provide the highest ratability in terms of net revenue would be the priority. "In keeping with residential site utilization, there are many constraints which preclude efficient site utilization. These are both practical and physical. 1) A majority of the parcel contains a portion of the 100 year flood plain of Sprout Creek. The more elevated areas of the parcel are substan- tially adjacent to the C.H.G. & E. power lines. These two (2) facts not only inhibit efficient residential development, but the marketability and safety of residences would be affected. As you may know, some recent studies have documented that high degree of exposure to trace radiation from electric power lines PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <28> may be considered a health hazard. It would hardly be appropriate to concentrate year round, day in day out residences with this degree of exposure so near a potential hazard. 2) In a larger sub -regional context, directly north of the parcel are lands zoned light industry, to be rezoned to conservation office park. Directly adjacent and east of this parcel are lands within the Town of East Fishkill which are zoned light industrial (several complexes are under construction). When these light industrial/office park zones are built out in the future, it will be difficult to invision [SIC] the wisdom of constructing a small scale residential development which is land locked, by a power line on the west side and by light industrial/office land uses on all others, in their midst. "Commercial utilization of this site appears PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <29> to be fare more appropriate in a long range context/perspective with regards to planning, physical development, and maximazation of resources. The C.H.G. & E. power lines in effect act as a natural buffer between what would be this rezoned commercial parcel and an existing residential area. "Commercial use of a parcel does not necessar- ily require physical construction as a prerequisite to usage. Residential use does require physical construction in the form of permanent residences. My client at this point has expressed an interest in utilizing a portion of the site for a 'tree nursery' and also for storage of heavy equipment. Neither of these uses are precluded by the presence of 100 year flood plain. Many forms of light industrial/commercial use can occur on or in 100 year flood plains without affecting the flood plain's integrity provided the flood plain is not filled in and/or built on. Residential use of a flood plain always necessitates filling, generally to a large degree. With appropriate sensitivity to environ -mental factors, this parcel in particular could become a considerable ratable asset to the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <30> Town of Wappinger, while simultaneously serving the requirements of this owner. "I would greatly appreciate an opportunity to meet with you and the additional Town Consultants to discuss this matter further. In closing, I would like to thank you for your cooperation and consideration on this matter. In the long run all parties involved and affected by the 'New Town of Wappinger' should benefit greatly by the town's continued efforts. "Very truly yours, Joseph C. Jordan, President." Letter dated March 28, 1989, from Grace and Pete Elder, received March 29, 1989. "Dear Mr. Levenson: "We understand that the Town of Wappinger is in the process of finalizing their new zoning map. We would like to take this opportunity, prior to the completion of the final zoning map, and request that you rezone our property (Tax Map # 6259-03- 475065) to conform with our adjacent property, B/D Contracting (Tax Map # 6259-04-503105). "We understand that the new zoning for our B/D Contracting property will be 'GB -General PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <31> Business'. We are requesting that our adjoining property be included in with this new zoning also, in that way the two properties will conform with each other. We make this request based on the track record that we have established at our B/D Contracting property. We have great pride in this site, and we feel it clearly shows by what we have done. We wish to continue this track record with the adjoining property if given the opportunity. Therefore, we hope that you will look favorably upon our request. "Thank you for your time and assistance in this matter; we look forward to hearing from you in the immediate future. "Sincerely, Grace Elder, Pete Elder." Letter dated May 5, 1989 from Mr. and Mrs. Melvin Zipes, received May 5, 1989. "Dear Mr. Levenson: "We would like to express our displeasure upon the decision to rezone Degarmo [SIC] Hills Rd., Wappingers Falls into a R-20 category in the new Master Plan. "This neighborhood has enough traffic with the shopping centers at the end of the road. We do not PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <32> need more congestion. "We urge you to reconsider this decision. "Sincerely yours, Mr. and Mrs. Melvin Zipes." Letter dated May 8, 1989 from Mrs. Fred Snowden [not marked received]. "Dear Board Members: "I would like to take this opportunity to go on record as objecting to the proposed Amendments to the Zoning Map with respect to the properties on Myers Corners Road between De Garmo Hills Road and All Angels Hill Road. Specifically the SPOT ZONING for 'Office' of 3 Parcels on the South side of Myers Corners Rd., and the rezoning on the North Side from R20 to R40, which, effectively places them in R80. "Please reconsider either leaving this whole segment of the Zoning Map as it appears on the 1980 Map, or, have the whole Segment between De Garmo Hills Rd., and All Angels Hill Rd. zoned 'Office', or a similarly appropriate Commercial Zone. This whole area, between Brothers Road and Fenmore Road is really no longer an ideal residential area, and to put it into its proper perspective at this time would be a wise determination. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <33> "Thank you for entertaining either one or the other of the above suggestions. "Yours truly, (Mrs. Fred) Elaine Snowden." Letter dated May 11, 1989 from J & B Associates, Joseph C. Jordan, President, received May 9, 1989. "Dear Boardmembers, [SIC] "I am writing to you on behalf of my client, Mr. Andreas Metzger, who is a resident and taxpayer residing in the Town of Wappinger. Mr. Metzger owns approximately 35 acres of property which essentially is a defunct farm. "The parcel is referenced as tax parcel 6258-04-535305 on the Town of Wappinger tax roll and is located in the central portion of the town with access presently derived from Old Myers Corners Road. Being there is no readily envisioned future in farming for the parcel, it is the intention of Mr. Metzger to subdivide and develop the property into single family homesites [SIC]. "The parcel is presently zoned R-20 and the present proposal before the Town is to 'upzone' [SIC] the parcel to R-40. "This letter is therefore submitted to you as PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <34> a request to reconsider 'upzoning' [SIC] this parcel and to allow the parcel to remain zoned R-20. "At present, much of the surrounding areas have been developed to R-20 standards by creating additional tenants to both the Town of Wappinger Water and Sewer Districts. It would be Mr. Metzger's intention to petition the Town to expand these districts to encompass his present holdings. As shown on the attached copy of the Water and Sewer District Map, the Metzger parcel is virtually surrounded by either sewer or water district. In light of todays Health Department standards, without central sewer as a minimum, it would be impossible to design a subdivision to R-20 zoning standards due to 'separation requirements' for wells and septic systems. An R-20 subdivision could however be designed with individual wells and central sewer service if the town would entertain expanding the existing Wappinger Sewer Improvement No. 1 district. (SEE ATTACHED MAP OF DISTRICT) "In all liklihood, [SIC] due to the physical layout of the Metzger property, a majority of lots within a proposed R-20 subdivision would be well in PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <35> excess of the R-20 minimum spatial requirements. "It would appear that by maximizing the potential of this parcel in terms of its develop - ability, that both the Town and the Metzgers could benefit from the value inherent in the parcel as a resource. "Thank you for your cooperation and consider- ation as regards the upcoming rezoning of the Town of Wappinger. "Respectfully submitted, J & B Associates, Joseph C. Jordan, President." Letter dated January 26, 1989 from AVR REALTY COMPANY, Mark Eickelbeck, received January 30, 1989. "Re: +/- 50 Acres McFarland Road Town of Wappinger Falls "Dear Herb: "Per our meeting of January 13, 1989 and our subsequent phone conversations, you have informed me that our parcel of land is presently being considered for re -zoning from R-20 to COP (Conservative [SIC] Office Park). "As discussed, we are looking to develop this PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <36> parcel of land in the very near future as a residential condominium/townhouse/garden apartment development, therefore I am writing to request that the zoning for this parcel of land not be changed to COP. We will however request a re -zoning from R-20 to R -MF -5. Please note there exists R -MF -5 zoning adjacent and directly to the east of our parcel. If possible, we would like this zoning to take place at the same time the re -zoning to COP would have taken place. If not then we request to have the parcel remain R-20 and when we have prepared plans for our proposed development we would request a change in zone. Please advise me of the most appropriate method. "Thank you for your cooperation in this matter. "Very truly yours, AVR REALTY COMPANY, Mark Eickelbeck." Letter dated January 24, 1989, from Posar Realty Corp., Bill Hammond, received January 26, 1989. "Dear Mr. Levenson: "I would like to register an objection to the proposed rezoning of property I own on Route 9 in PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <37> the Town of Wappingers. "My request is that this parcel, previously zoned commercial highway business, revert to its former status. At this time I also request that the remainder of this parcel be zoned commercial, thereby providing me with a practical piece of property. "I support zoning which protects all home and land owners in our town and I agree that structures built on the land should be useful, aesthetically acceptable to their locale and considerate of our environment. "Sincerely, Bill Hammond, Posar Realty Corp." Letter dated January 17, 1989 from Timothy L. Cronin, Jr., P.E. and Associates, received January 19, 1989. "Dear Ms. Paino: "RE: Property, Kettle Associates, South Fowler House Road, Town of Wappingers Falls "We are the owners of the above referenced property. This property abuts Route 9. It has access to Route 9 via South Fowler House Road. The site distance for traffic entering Route 9 at this intersection is excellent. It is our understanding PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <38> that the Town is going to adopt a new zoning map shortly. This property is currently zoned R-20. "It is our belief that a single family house on this property would not be desirable because of the following: 1. The noise from traffic on Route 9 would be above the acceptable level recommended for residential use. 2. The property to the south and east are zoned commercial. 3. The proximity to Route 9 would make residential development dangerous for children. 4. We have verified, with the Dutchess County Health Department, that a septic for a single family home would create more sewage flow, which would have to be absorbed by the ground water, than a small commercial use. "Therefore I respectfully request favorable consideration to having this property zoned for commercial use. "Respectfully submitted, Timothy L. Cronin, Jr., Professional Engineer." PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <39> Letter dated April 28, 1989 from Edward K. Hedberg, an attorney, received April 29, 1989. "Re: Premises of Lot Two (2), on a certain map entitled 'Subdivision of Property of Fred and Ida Tambolini situated in the Town of Wappingers, Dutchess County, New York, January 1975' filed as Map No. 4538, Tax Lot No. 19-6156-02-0822808 "Dear Mr. Levenson: "I represent Mr. Lisbon E. Allen who is the owner of the above -identified premises. Mr. Allen's address is P. O. Box 845, Wappingers Falls, New York 12590. "Mr. Allen understands that your office intends to propose a change -of -zoning from strictly residential, to commercial. The area, he believes, you expect to effect by this change includes my client's said premises. "On behalf of my client, please be notified that Mr. Allen seeks and wishes the zoning classi- fication for his said premises changed from residential to commercial. "Please acknowledge receipt of this letter; and my client would appreciate your office keeping PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <40> him informed regarding these matters. "Very truly yours, Edward K. Hedberg." Letter dated June 12, 1987 from Barry S. Cohen an attorney [not marked received]. "Dear Mrs. Snowden: "May I request your help in placing this letter and it's enclosures before the full Town Board of the Town of Wappinger. "I am the owner of approximately forty-five (45) acres of undeveloped, raw land in the Town of Wappinger, consisting of a strip, fronting on, and permitting access to and from, Route 9; and 44.2 acres lying contiguously behind that entrance -strip with another access -egress to Osborne Hill road. The enclosed maps indicate the land's location. "Immediately between one corner of the land and the Highway lies the abutting parcel upon which Lloyd's Lumber Company has now been permitted to begin its home -furnishings facility. "Immediately to the north of the land, and practically abutting it, are the PASNY power lines of the 'heavy-duty' Marcy South/Central Hudson Gas and Electric utility system. "When I purchased this land more than twenty - PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <41> two years ago, it was zoned for residential development, at a density of ten -to -the -acre. Some time thereafter, however, it was rezoned to a density of two -to -the -acre. This classification has stood. During the past two years or so, I have held informal discussions and 'workshops' with various Town officials, commissioners and planners concerning residential development; but its present zoning effectively blocks any truly feasible residential construction and self-sufficient sewage facility. And to create homes with omnipresent septic tanks is, obviously, even less desirable and even more unduly burdensome to so fine a site. "Therefore, and particularly in light of (a) the present County -wide Study of Master Planning [UNDERSCORED BY THE AUTHOR] and the Study of the Route 9 Corridor [UNDERSCORED BY THE AUTHOR]; (b) changing conditions in the Town and along Route 9; (c) the imminent presence of adjoining Lloyd's Lumber Company; and (d) the 'heavy-duty' electric power supply so nearby; I would hereby like to request that the County Planning Department, the Town's Growth Management Committee and the Town Board consider a change in zoning of this land to PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <42> P1 -1A: "PLANNED INDUSTRY." "A well planned industrial park or similar facility may now well be the present economic 'highest and best use' to which the land can be put, not only for me but equally for the benefit of the community, its taxing values and its future planned and managed growth. "Reasons for zoning the land as Planned Industry, P1 -1A, [UNDERSCORED BY AUTHOR] I believe, include the following, among others: 1. Few locations exist for desirable P1 -1A development along the business corridor of Route 9 in the Town. This location is one. 2. Strip -development for retailing and service uses has proliferated along the Town's portion of Route 9, with little beauty and much haphazard 'hugger-mugger'. 3. Encouraging the planned growth of such light industry as offices, 'think -tanks' and light assembly operations in the Town will generate job opportunities far above and beyond retailing and servicing. These will enable skilled townspeople to work near their homes. 4. Industrial positions thus generated typically PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <43> pay better wages than do those in the servicing or retailing fields presently surfeiting Route 9. With residential prices in the area of the Town and its neighbors increasing, it is desirable that there be 'fresh' employers within the Town of Wappinger, offering wage scales commensurate with residents' needs, and their desires to live in the Town. 5. Whether or not the land - if it remains zoned for residential purposes in the future - might or might not be affected to some extent by noise and visual disturbance because of its proximity both to Lloyd's Lumber and the Highway, may be a moot point. But should such be the case, its utility for residential use is obviously diminished. 6. On the other hand, because all but its entranceway is completely and well set back from Route 9, it will be readily possible to screen the entire bulk of the 45 acres (now heavily wooded, anyhow) and to contain any industrial park or site with sufficient buffering totally to prevent unacceptable impact upon adjoining parcels and upon Highway travelers. The site is 'off -Highway' with access to the Highway. The 'best of both possible PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <44> worlds,' so far as community planning is concerned, could thus prevail. 7. If the Town desires a well-rounded, well- planned community -of -the -future, its planning process must allow not only for homes and for shopping, but for working as well. 8. A Planned Industry, P1 -1A [UNDERSCORED BY THE AUTHOR] site puts far less strain on Town services than residential development. Conversely, it generates greater tax revenues toward such services as the Town furnishes than it uses. * * * "I would be most pleased to have an opportunity, at the convenience of the Board (or the Town's Growth Management Committee), to discuss this request further. "I am simultaneously sending a copy of this letter to the Dutchess County Planning Department in the hope that the thoughts I have expressed herein may be considered by it at an appropriate stage of its current studies. "Thank you. "Sincerely, Barry S. Cohen." Unsigned letter/memo from the Planning Board, PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <45> Town of Wappinger, to the Town Board, Town of Wappinger dated May 8, 1988 [not marked received]. "Subject: Proposed revisions to Zoning Ordinance Public hearing May 11, 1989. "1. The Planning Board, at its meeting of May 8, 1989, considered the referral, from the Town Board, of the proposed changes to the zoning ordinance, scheduled for public hearing on May 11, 1989. "2. The general consensus of the Board is to recommend adoption of the proposed revisions, taking into account the following comments:] a. The Board's review, undertaken with the staff, perceives a problem with the setback regulations of the Conservation Office Park (COP) District, and recommends that they be modified to show: Side yard setback 50 feet Rear yard setback 50 feet b. In connection with the above, some relaxation of the setbacks may be called for when adjacent lots zoned for COP are developed. c. Set backs for the GB Districts PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <46> should be reviewed in order to determine if existing lots, mapped as GB, can conform to the proposed regulations. d. Lot width and yard requirements in the R 40/80 district should be as follows: lot front side rear width yard yard yard Lot size @ 40,000 125 50 25 50 Lot size @ 50,000 150 50 30 50 Lot size @ 80,000 200 50 40 50 P. Lot width and yard requirements in the R 20/40 district should be as follows: lot front side rear width yard yard yard Lot size @ 40,000 100 35 20 40 Lot size @ 60,000 115 40 20 45 Lot size @ 80,000 125 50 25 50 "3. With respect to the remainder of the proposal, individual members had specific questions and comment regarding various sections, and will most likely address them at the public hearing." Letter dated May 11, 1989 from Crane, Wolfson, Roberts & Greller, attorneys [not marked received]. "Re: Proposed Zoning Amendments Property of PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <47> John Montfort Route 9. "Dear Board Members: "Please be advised that the undersigned is attorney to Mr. John Montfort who is a resident of Cedar Hill Road, Town of Wappinger, New York. "Mr. Montfort owns approximately 12 acres on the westerly side of Route 9. The parcel is the southerly most parcel of the Town of Wappinger and, in fact, approximately 8.5+/- acres are located in the Town of Fishkill, and 3.5+/- acres are located in the Town of Wappinger. "The proposed new Zoning Amendments continue to designate the Town of Wappinger Portion R-80, Low Density Residential. Mr. Montfort opposes any residential classification of this property. "Concededly, this property abutts [SIC] a portion of the Green Fly Swamp. However, the overwhelming percentage of the property is high ground, dry and grade level with Route 9. Designating this property residential is tantamount to a confiscation of this property. The property uses to the north, south and east are commercial in nature. Continuation of a residential classification of this property is totally PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <48> inconsistent with existing land uses, good planning practices, and, in effect, spot zoning. "Accordingly, it is respectfully requested that the Town Board of the Town of Wappinger amend the proposed designation of this property from R-80 to General Business, to be consistent with similar properties in the immediate vicinity. Again, it must be emphasized that this property is very dry, very usable, very conducive to commercial develop- ment, but virtually useless for residential purposes. "Very truly yours, Albert P. Roberts." Letter dated May 10, 1989 from the Department of Planning, County of Dutchess, Roger P. Akeley, Commissioner of Planning, Lori Tanner, Planner, received May 10, 1989. "To: Town Board, Town of Wappinger. "Re: 89-206, Proposed Town of Wappinger Zoning Amendments "The Dutchess County Department of Planning has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239-m). After considering the proposed action in the context of countywide [SIC] PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <49> and intermunicipal factors, the Department finds that the Board's decision involves a matter of some concern. "ACTION "The proposed zoning amendments involve changes to the zoning map, list of districts, permitted uses, and bulk regulations and provide supplementary regulations for a number of uses. "COMMENTS "Zoning Map "Commercial Districts "The proposed zoning map represents a signi- ficant departure from the recently adopted Town of Wappinger Land Use Plan. The town plan recommends that commercial uses be strictly limited to reflect community values, to minimize further degradation of the visual environment, and to prevent addition- al traffic problems. To this end, 'the land use plan calls for consolidating and reducing the existing strips along Route 9, using offices and office parks to improve the corridor's land use pattern' (page 156). Elsewhere in the town, expansion of commercial uses is also meant to be limited, as residents feel there are sufficient PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <50> shopping facilities (page 154). "However, the proposed zoning pattern elimin- ates most of the office uses meant to provide an alternative to the existing Highway Business strip zoning. Only the larger Conservation Commercial and Conservation Office Park Districts have been retained, while most of the Route 9 corridor remains Highway Business. The resulting pattern is precisely the strip commercial zone the master plan meant to eliminate. "We strongly recommend against continuing this zoning pattern. It provides for significantly more commercial area than is necessary for the needs of the community and will erode the viability of the existing commercial enterprises in Wappinger. It will adversely affect the character of Route 9, and it will cause future traffic problems above and beyond those already experienced. "Furthermore, we note that a General Business District near the airport has been proposed to replace the existing Airport Industry District. This is a major shift from the smaller Conservation Commercial District proposed in the master plan, which respected the adjacent streams and wetlands. PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <51> At the very least, the General Business designation should be changed to Conservation Commercial. "The Hamlet Business District along Route 82 is proposed to extend as far as the Wappinger Creek. The master plan recommends commercial uses on only one side of the road and a significant buffer between developed areas and the creek bed. "Residential Densities "The proposed zoning indicates larger areas for one acre residential development within the proposed sewer district. However, this density may not be sufficient to support the cost of sewage treatment or provide moderately-priced housing. One acre lots are the least efficient use of the land and will prove more costly in the long run. "Floodplains and Other Sensitive Areas "The proposed zoning map fails to designate floodprone [SIC] areas for protection, including two of the commercial areas mentioned above. The town master plan recommends not only floodplains but other sensitive areas, such as Greenfly [SIC] Swamp, for permanent preservation. Instead, many of these areas have been designated for residential development at densities ranging from one unit per PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <52> half acre to one per two acres, or for commercial development, including uses such as gas stations and motor vehicle service and repair. "General Comments 1. It would be appropriate to include state- ments of intent for each of the proposed districts. 2. Limits are placed on the size of uses such as offices and retail establishments in certain districts. The text should make it clear that the restrictions apply to the individual establishment, not the entire building. "Zoning Text "Section 322 "This sentence is unclear. Perhaps the last part of the sentence should say: 'by use of the map upon which it appears.' "Section 421.4, Multi -Family Residential Zones "Home occupations and accessory apartments are allowed in all of the single-family residential districts but not in the RMF -3 and RMF -5 Districts. However, these multi -family districts also allow the development of single-family homes on PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <53> individual lots. These accessory uses permitted in other residential districts should be allowed if detached housing is built. Note: This section should reference Section 423, Multi -Family Residence District. "Section 421.5, Bulk Regulations for Residential Districts "The section of the table which deals with lot size requirements in relation to the provision of utilities is unclear. For those districts where the minimum lot size is constant, regardless of utilities, the requirement should be repeated next to each condition. For instance, the requirement for the R-80 district should be 80,000 with public water and sewer, with water or sewer, and without water and sewer. "Section 422.1, Neighborhood Business District "A car dealership is not an appropriate use in a neighborhood business district. We suggest that care dealerships be eliminated from the list of permitted uses in this district, as they are large land uses more appropriately sited in Highway Business areas. If this provision is meant to accommodate an existing use, that use should PHILIP E. STILLERMAN, RPR ( OFFICIAL COURT REPORTER <54> instead be made non -conforming to avoid undermining the Neighborhood Business concept. "Section 422.25, Bulk Regulations for Non -Residential [SIC] Districts "The minimum lot size for the Highway Business District is proposed to be one acre. However, many of the permitted uses in this district require far more room to properly accommodate the building, parking areas and landscaping. Furthermore, the one -acre minimum promotes the development of a narrow strip along the road. A minimum lot size of two acres would be appropriate for the Highway Business District. Those uses which do not require larger land areas should not be permitted in this district (see comment on Section 422.3, below). "Section 422.3, Highway Business District "Many of the uses allowed in Highway Business District, such as retail shops, personal service establishments, and offices are more suited to a General or Neighborhood Business District meant for small-scale uses. The inclusion of these uses in the Highway Business District will draw them away from the other districts and will consume land which is much more valuable for large-scale uses. PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER <55> "Section 422.6, Conservation Commercial District "Although the bulk regulations for the Conservation Commercial District are fairly strict, some of the permitted uses are inappropriate, given the purpose of the district. The master plan states that this district is meant for areas where 'environmental constraints dictate that any development be carefully designed and built at a small, non -intrusive [SIC] scale.' Public garages and motor vehicle sales do not seem to easily meet these criteria. "Section 422.7, Conservation Office Park District "The requirement that retail uses 'primarily serve the Conservation Office Park' is vague. The term 'Conservation Office Park' is the name of the district, not of a use within it. Many uses other than offices Pre allowed in the district. This presents problems of interpretation. Secondly, it may be difficult to ensure that a given use serves primarily one market area over another. "Section 42E, Planned Unit Development (PUD) District PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <56> "This section appears to allow a PUD on any qualifying parcel of land. However, the zoning map designates one specific area as a PUD. Both approaches may be used, but perhaps this should be clarified. "Section 425.2 "The word 'oojectives' should be substituted for 'subjectives' in the first sentence. "Section 425.33 "This requirement that PUDs shall be permitted only in areas presently containing a combination of residential and non-residential [SIC] zoning districts is vague. How much non -residentially [SIC] zoned land is necessary? Section 425.4 already requires that the maximum intensity of non-residential [SIC] uses not exceed that which could be permitted in the corresponding conventional zoning districts. The applicant may intend no commercial development. "Section 426.1 and 426.2 "There are typographical errors in these sections. "Section 446.701, Conversion of Existing Dwelling PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <57> "These provisions for conversions of existing dwellings to two -or multi -family use are extremely restrictive. They require a minimum lot size of 40,000 square feet, but as long as Health Depart- ment, parking, and other site plan requirements are met, a lot of any size should be eligible for conversion. In addition, the maximum density of two units per acre and minimum size of 800 square feet will unduly limit the number of units. Very large houses may be able to accommodate four or more units, and it should be considered that a single person can live very comfortably in 600 square feet. Furthermore, the restriction of this technique to houses built prior to 1962 is unnecessarily liniting. This date should be changed to sometring more recent, such as 1980, or replaced with a requirement that houses applying for conversion be at least five or ten years old.' "Section 446.805, Temporary Housing Units (ECHO) "The provisions for ECHO units should a. StEte that the permit is granted to the owner of the principal unit b. Include a description of the appli- PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <58> cation process, and c. Include provisions for revocation of the special permit. "Affordable Housing "A number of housing options are presented in the proposed amendments. The town will allow accessory apartments, ECHO units, conversions, and the renting of rcoms in single family residential zones. Planned Unit Developments and Designed Multiple Use Developments are allowed in most areas of the town. Mobile home parks are allowed subject to Town Board apEroval. "However, ncne of these options address the affordable housing problem directly. Allowing one or two additional units on a small percentage of lots in low density residential areas, as permitted by some of these techniques, is not going to have a major impact on the availability of housing for most people. The large planned developments provided for in the ordinance do not allow any significantly hither densities than the underlying districts. There are no areas designated for truly 'high density' hcusing, such as six to ten units per acre. The R-10 Districts and the areas zoned PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <59> for multi -family lousing allow only three to five units per acre an are near their maximum capacity. "The town ma3ter plan recommends an Affordable Housing Floating Zone which would allow density bonuses on approved sites if a certain percentage of units are permanently restricted to affordable housing. As the plan states, this would 'help balance the effects of imposing a one -or two -acre minimum lot size on most of the town.' The plan also recommends the use of the cluster development concept; the Planning Board should be authorized to mandate clustering without approval from the Town board each time. "In addition, the densities allowed in the high density districts are far below those possible with the provisicn of central water and sewer. These areas could support eight or ten units per acre, and as mentioned above, the provision of water and sewer requires higher densities to avoid being cost-prohikitive. "One option might be to enhance the PUD provisions with a stronger affordable housing objective and specific performance criteria, such as a requirement that a percentage of the units are PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <60> affordable as defined by a county or local ordinance. "Other improvements that could be made include changes to Secticn 446.701, Conversions, and Section 446.805, Temporary Housing Units (ECHO), as suggested in this letter. "RECOMMENDATION "The Department recommends that no zoning amendments be adopted until the following seven conditions are met: 1. The Highway Business Districts along Route 9 are replaced by office districts where intended by the master plan; 2. The General Business District south of the airport is converted to a Conser- vation Commercial District or is eliminated; 3. The Hamlet Business District along Route 82 is restricted to one side of the state road; 4. The minimum lot size in the Highway Business District is increased to two acres; 5. The R-40 districts within the proposed PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <61> sewer dLstrict boundaries are changed to R-20/40; 6. A distrLct is created for high density housing (i.e., six to ten units per acre) or An affordable housing floating zone is created, or The PUD is amended to allow at least a 20 percent density bonus for the provision of affordable housing; 7. Standards for conversions of existing dwellings are relaxed as called for on pages 4 and 5 of this letter. also suggest two techniques to improve "We the town's approach to providing affordable housing: The town should re-evaluate its mandatory cluster provisions and consider an amendment to transfer full authority to the Planning Board, and the current requirement that accessory apartments be allowed for blood relatives only should be eliminated. "If the Board determines to act contrary to PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <62> our recommendations, the law requires that it do so by a majority plus one; of the full membership and that it notify us of the reasons for its decision. "Roger P. Akeley, Commissioner of Planning "By Lori Tan:ier, Planner." Letter from McCabe and Mack, attorneys, dated May 10, 1989, received May 10, 1989. "Re: Property Owned by Morris Erbesh, Inter -City Tire Property Located on West Side of Route 9, Town of Wappinger "Dear Mr. Levenson: "We have been retained as attorneys for Morris Erbesh, who owns the aforementioned piece of real property located on the west side of Route 9 in your town. From our conversation today, I under- stand that a new zoning ordinance will change Mr. Erbesh's property from Commercial (HB) to Residential (R -2C). This rezoning seems particularly inarpropriate since Mr. Erbesh's property contains a commercial building fronting on Route 9 from which he operates the Inter -City Tire Company. "We understand that there are a very small number of parcel: in this particular area on Route PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <63> 9 which this new zoning ordinance will change from commercial to residential. Property fronting on Route 9 is simply not usable as residential property, nor is it consistent with the zoning and use of the other properties along that section of Route 9. "My client feels that this treatment is definitely discriminatory and creates an island of residential properties in what would otherwise be a commercial zone. "It is hard to believe that this can be part of any common set -erne or plan for this area of the town and it does not deal at all with the reality of trying to sell homes fronting on Route 9. "Unfortunately, Mr. Erbesh will not be able to be present at the public hearing tomorrow night but he would like this letter to be put into the record to note his opposition to the town rezoning in general and specifically to the rezoning of his parcel from Commercial (HB) to Residential (R-20). "We trust teat the Town Board will realize the error in the ways of this new zoning ordinance and change it prior to approval. "Thank you for your help and cooperation PHILIP E. STILLERMAN, RPR ( OFFICIAL COURT REPORTER <64> herein. "Very truly (ours, McCabe and Mack, By: Richard A. Mitchell." Letter dated May 10, 1989, from McCabe and Mack, attorneys, received May 10, 1989. "Re: Property Owned by Beverly Canter. on West Side of Route 9, town of Wappinger GRID NO. 19-6157-04-546298-00 "Dear Mr. Levenson: "We have been retained as attorneys for Beverly Carter, the owner of the aforementioned real property located in your town. Mrs. Canter just this week became aware of the fact that the town is undergoing a rezoning and that the zoning on the front portion of her parcel would be changed from commercial to residential. "In our telephone conversation today, you confirmed that ptrsuant to the new zoning ordinance, the front portion of Mrs. Canter's property would crange from Commercial (HB) to Residential (R -2C). "While Mrs. Canter's property is currently vacant land, just up Route 9 is the Inter -City Tire Company property, which is certainly a commercial PHILIP E. STILLERMAN, RPR ; OFFICIAL COURT REPORTER <65> use. It is my understanding that this residential zoning change affects only a very small number of parcels in this carticular area of Route 9. Property fronting on Route 9 is simply not usable as residential property nor is it consistent with the zoning and use of the other properties along that section of Foute 9. "Mrs. Canter believes that singling her parcel out for this treatment is definitely discriminatory and creates an iEland of residential properties in what would otherwise be a commercial zone. "This rezoning does not deal with the reality of trying to see homes fronting on Route 9 and it is inconceivable that this could be part of any common plan or scheme for this area of Route 9. "Mr. and Mr:. Canter will be present and plan to speak out against this rezoning at the public hearing tomorrow night and would ask that this letter be put into the record in order to note their opposition to the proposed rezoning of their parcel from CommErcial (HB) to Residential (R-20). "This zoning change will undoubtedly have a substantial adverse impact on the value of Mrs. Canter's property. It is inconceivable that the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <66> town can justify .his taking of Mrs. Canter's land without compensation and we trust that the Town Board will recognize this and not change the zoning of this parcel in the new zoning ordinance. "Thank you fDr your help and cooperation herein. "Very truly yours, McCabe and Mack By: Richard A. Mitchell." Letter from the Pawling Savings Bank, dated May 11, 1989, not marked received. "Dear Mrs. Paino: "It has recently come to our attention that certain changes are being considered in lans [SIC] use within the Tcwn of Wappingers. Our Bank, recently through foreclosure, acquired commercial property on Route 376 and feel that should this property e rezoned for conservation office park space that our stockholders and depositors would suffer a severe injustice. A deep depreciation with the changinc of the zoning would have a severe effect on the value and in tern the ultimate sale price. "We would also bring to your attention that mortgages grantec. over a period of time in the PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER <67> Township would also be reduced in value and we are greatly concerned with these values should many of the proposed changes occur. "I would appreciate your comments regarding this matter. "Sincerely, Peter Van Kleeck, Presiding." Letter dated May 10, 1989, from Mildred Diddell, received May 10, 1989. "Dear Mr. Levenson - "The proposed zoning change in the Town of Wappinger concerns me since my family members have been farmers and property owners in the town for six generations. "There are currently remaining 48 acres of land on Route 376. This land is bounded by the south side of Diddell Road, the east side of Route 376, and the west side of the railroad which is currently proposed for a county highway. The property is zoned PI-1A, which I believe is Planned Industrial - 1 acre per site. "It is my urderstanding that, under your proposal, you are suggesting that this land be zoned Residential. This proposed change concerns me for the following reasons: PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER <68> 1. The property is long and narrow, without a great deal of depth between Rou:e 376 and the proposed new county highway. 2. I an concerned about the placement of residential homes between two fast- moving highways. 3. The property just south of this in the Town of East Fishkill is zoned Industrial, and it would seem consis- tent with the adjoining property to keep our land similarly zoned. 4. The close proximity of the Dutchess County Airport tends to make this, in my opinion, a viable area for Industrial use. 5. Other than my house, this property reEresents my last property asset, and I am concerned that changing the prcperty to a residential use may dininish the value of this asset. "I plan to E.ttend the Public Hearing on Thursday evening and would appreciate an opportunity to pErsonally meet with the appropriate PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER <69> officials to disc.iss this matter, if they would have the time to see me. "Sincerely, Mildred Diddell." Letter dated May 4, 1989 from Peter Tomasic, received May 9, 1989. "Re: 6157-02 637535 "Dear Mr. Levenson: "It has come to my attention that there will be a Public Hearing on the new proposed Zoning Ordinance, on May 11, 1989. "In reviewing the document as it was published in the Southern Cutchess News on April 26, 1989, I find myself again in a wrestling match with regard to the unfair zoring procedures in the Town of Wappinger. "I purchased the above parcel of land on March 11, 1971, at which time it was zoned residential multi family [SIC]. Again on March 10, 1980, I found that my prcperty was rezoned OR -1A, which at that time I had ro problem. "Now, much to my amazement, I read in the paper on April 2E, 1989 the town is proposing to rezone my property to R-20. "I must tell you that present proposed PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <70> rezoning is entirely unfair, because going from OR -1A to R-20 will cause a considerable decrease in value. All the property on the southern side of Old Hopewell Road, up to and including my property, has been commercial or multi -family. "Furthermore, I would like to inform you that if the town is thinking of putting a through road across Old Hopewell Road, I would have no problem giving you land to satisfy your requirement. "I hereby request that you make every effort to consider this request to return the above parcel to a commercial designation. "Thank you for any consideration you could afford me. "Peter Tomasic" Letter dated May 11, 1989 from VanDeWater and VanDeWater, attorneys, not marked received. "Re: Proposed Zoning Ordinance "Dear Supervisor Paino and Town Board Members: "I am pleasEd to advise you that we represent Carl H. Swenson, Jr., who owns tracts of lands on New Hackensack Rcad, near the Dutchess County Airport. Under the existing Zoning Ordinance, the parcels we are concerned about are zone AI -2A, or PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <71> Airport IndustriaL. I have attached as Exhibit 'A' a portion of the existing Zoning Map, showing the location of the pIrcels in red for your reference. "The parcel just south of the Brown Professional Buil3ing (on the west side of New Hackensack Road) is proposed to be rezoned to Office. We have ao objection to that. "However, on the east side of New Hackensack Road, directly across from the above mentioned parcel, and south of the Cross Court Tennis Club is to be rezoned to 3B - General Business, and the balance to R-20 - Residential. "Mr. Swenson's lands are proposed to be rezoned from Al to R-20. The lands should be rezoned to 0 - Office. It is respectfully submitted that it would be good planning to have that portion that is directly across from the other lands of Mr. Swerson which are to be rezoned as 0 to also be rezoned to '0' to a depth of 400 feet. Attached as Exhitit 'B' is an outline of the parcel we are bringing to your attention. "This parcel, under the Zoning Ordinance you adopted on March 10, 1980, was zoned AI -2A. If there have been Eny changes in the area, it has PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <72> been an increase of the office and commercial uses there. There has been no change in the development that would warrant a change in the Master Plan that was used in 1980. Having more residential homes in an area where planes land and take off, directly across from a County highway, where the land will be zoned for offices and directly adjacent to a proposed general business zone, does not comport with good planning. The airport location is more suited to office development than new residences. "The surrounding lands are owned by Carl H. Swenson, so there is no objection from adjacent landowners. "It is respectfully requested that the portion outlined in red en Exhibit 'B', be rezoned to Office. As a second choice, it would be possible to rezone it to general business, similar to the zone immediately north of this parcel on New Hackensack Road. "Your seriots consideration of this request is appreciated and our favorable vote is requested. "Very truly yours, VanDeWater and VanDeWater, BY: David D. Hacstrom." Letter dates. May 11, 1989 from Peter C. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <73> McGinnis, an attorney, not marked received. "Dear Members of the Town Board of the Town of Wappinger: "I write as the attorney for Andrew J. King who owns property located on Route 376 in the Town of Wappinger which property is designated as Lot I on a map entitled Gregory King Subdivision (Tax Map No. 19-6359-C3-00823700). Under the proposed amendments to the zoning ordinance of the Town of Wappinger and the adoption of the new zoning map, this property would be zoned as R40, which is its current designation. The problem with this designation is that the property immediately in the back is designated as Conservation Office Park. The parcel to the rear of my client's parcel is now designated as R4C. "The problens with the Conservation Office Park designation for the rear parcel is that the only access that that parcel has to Route 376 is over a right-of-way on my client's property. If my client's property stays as R40 and the parcel in the back is developed, there will be heavy traffic on the road immediately abutting the property of my client. This will substantially lessen is value PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <74> for residential development. In fact it would in all likelihood make residential development impossible. "It is our proposal that the Town Board be consistent with the designation of this land: either the front and rear parcel should both be R40 for residential development or the front and rear parcel should both be COP for Conservation Office Park development. If a view of this real estate were taken by any objective observer, it could easily been seen that the road abutting the front parcel would substantially subtract from its use as residential property and therefore both parcels should be designated on a consistent basis. "Very truly yours, Peter C. McGinnis." Letter dated May 11, 1989 from Crane, Wolfson, Roberts and Greller, attorneys, marked "received 5/11/89 at Hearirg". "Re: Proposed Zoning Amendments Property of Almena Niessen, Myers Corners Road. "Dear Board Members: "Please be advised that the undersigned is attorney to Mrs. Almena Niessen who owns approx- PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <75> imately 21 acres pf land on Myers Corners Road to the immediate South of Wappinger (Waldbaum) Plaza. The property is presently zoned Shopping Center and is surrounded by properties zoned Shopping Center. It is my understanding that the proposed zoning amendments will change the zoning classification of this property to Conservation Office Park. It is respectfully submitted that at present Southern Dutchess County has a surplus of office space. To rezone this property to a zoning classification for which there is no use is to make this property unmarketable, in effect a reverse condemnation. "This property is most suited for commercial/retail development consistent with other uses in the immediate vicinity. The property uses to the North (WaEpinger Plaza), South and West are commercial in nature and the property is approxim- ately 100 feet from Route 9. Any change in the zoning of this property would be totally inconsis- tent with good planning practices. "Accordingly, on behalf of Mrs. Niessen, objection is made to the adoption of any proposed change in zoning. "Very truly yours, Stacy P. Parsons." PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <76> Letter dated 28 March 1989 from Grace and Pete Elder, not marked received. "RE: Zoning change on adjoinig [SIC] property To B/D Contracting. "Dear Mr Levenson: "We understand that the Town of Wappinger is in the process of finalizing their new zoning map. We would like to take this opportunity, prior to the completion of the final zoning map, and request that you rezone our property, (Tax Map #6259-03- 47605) to conform with our adjacent property (B/D Contracting Tax Map #6259-03-503105). We under- stand that the nea zoning for our B/D Contracting property will be 'GB -General Business'. We are requesting that our adjoining property be included in with this now zoning also, in that way the two properties will conform with each other. "We make this request based on the track record that we have established at our B/D Contracting property. We have great pride in this site, and we feel it clearly shows by what we have done. We wish to continue this track record with the adjoining property if given the opportunity. Therefore, we hope that you will look favorably PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <77> upon our request. Thank you for your time and assistance in this matter, and we look forward to hearing from you in the immediate future. "Sincerely, 3race Elder, Peter Elder." Undated lett?r from Henry Semp. "AMENDMENTS PO THE TOWN OF WAPPINGER ZONING ORDINANCE "After looking at the proposed revisions to the town zoning ordinance and changes to the zoning map, I have come to the conclusion that the Growth Management Commit:ee has given little or no consid- eration to the evergrowing need of affordable housing for middl= income, working class families. "Rather than increasing the density of certain areas, especially within the proposed town sewer district where septic systems will not longer be a pollution problem, they saw fit to raise lot size requirements, which in turn, raises the cost to the potential home -owner. This attitude will hardly encourage a working family to stay in the area when the hope of owning your own home disappears. These are the people whp are needed to sustain the economic well being of the community. If they leave, who will nurse the sick, educate your child - PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <78> ren, service your car, man your firehouse, volunteer for ambilance duty, collect your garbage, maintain and play your roads, etc.etc [SIC] "With this i1 mind, I would like to offer my suggestions regarling the 'Planned Unit Development District' (PUD) as shown on the proposed zoning map. "First, as az interested next door neighbor, I would suggest tha: the town owned property, just north and adjoining this proposed district, be included as part of it. "This area consists of almost 22 inaccessible acres of open and wooded land. It contains a spring fed pond, trails, Branch 2 of the Wappinger Creek, and home for deer and other wild -life. Incidentally, not many Wappinger residents even know of its existence. "This recreational town property, together with the approximate 15 acres of state protected wetland and its buffer zone (WF 25) should help reduce the density within this proposed PUD district. "With this in mind, and in keeping with the spirit and intent of the zoning ordinance, I would PHILIP E. STILLERMAN, RPR ( OFFICIAL COURT REPORTER <79> further suggest that the maximum residential density in the Planned Unit Development District Be [SIC] increased from R-20 (1/2 acre) to R-10 (1/4 acre). "Finally, I would like to see one neat affordable home situated on each 1/4 acre lot as suggested, rather than groups of clustered, unattractive unite, such as we now see on Myers Corners and Spook Hill Roads. "Henry Semp." SUPERVISOR PUNO: Thank you Elaine. Received also were two letters, one just came in today from the Dutchess Coun:y Department of Planning, and the other items receded today was from the Town of Wappinger Plannin3 Board. The Planning Board says that it has considered the referral from the Town Board for the pro?osed changes to the Zoning Ordin- ance, and the general consensus is to recommend adoption of the proposed revision taking into account the folks' comments and it goes on to discuss some set packs, side yard set backs, relative to the Cpnservation Office Park district, and asks that relaxation of the set backs called for when adjacent lots are developed. And, it PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <80> further talks abort a General Business District, R-40 and R-80 Districts and also lot widths in R-20 and R-40 Districts. Also, the proposal is to have individual members' comments by going through the various sections likely to be addressed at the Public Hearing. Before we go on, I want to point out that the Town has been, as you know, looking at revisions to the Master Plan and Zoning Ordinance since April 1986. We created the Growth Management Committee since that time, which consists of three Town Board Members, Councilwoman Smith, Councilman Farina, myself, and we also have included the entire Town of Wappinger Plarning Board. Ever since April 1986 we have been working very closely with the Zoning Administrator Herb Levenson, the Town Attorney, Tom Wood to my left here, and also the Town Planner, to my right in April Dutchess over here, Ray Arnold, and we hired, back 1986 Holly Thomas who is also with County Flanning Department, to work the with us on the Master Plan and Zoning Ordinance revisions. This is the outgrowth of the work done by the Growth Maragement Committee. The actual changes were written by Herb Levenson, Ray Arnold PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <81> and Holly Thomas, and reviewed in a number of meetings by the Growth Management Committee. I am sure we are all 1Doking for comments on the zoning. Each of us on the Growth Management Committee have our own ideas, top. To continue Dn, though, the Dutchess County Planning Department did review it, and they forwarded to us saveral recommendations, which says that "The Department recommends that no zoning amendments be adopted until the following seven conditions are me:: 1. The Higlway Business Districts along Route 9 are replaced by Office Districts where i:ztended by the Master Plan; 2. The General Business District south of the airport is converted to a Conser- vation Commercial District or is elimina':ed; 3. The Ham:.et Business District along Route 82 is restricted to one side of the state road; 4. The minj.mum lot size in the Highway Business: District is increased to two acres; PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <82> 5. The R-43 Districts within the proposed sewer district boundaries are changed to R-20/40; 6. A district is created for high density housing (i.e., six to ten units per acre) or An affo:dable housing floating zone is created, or The PUD is amended to allow at least a 20 percent density bonus for the provision of affo -dable housing; 7. Standaris for conversions of existing dwellings are relaxed as called for on pages 4 and 5 of this letter. "We also suggest two techniques to improve the town's approa;h to providing affordable housing: The tow:i should re-evaluate its mandatory cluster provsions and consider an amendment to transfer =u11 authority to the Planning Board, and the current requirement that accessory apartments be allowed for blood relatives on:_y should be eliminated." PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <83> That basical.y is their comments. At this time I would first of all like to introduce, or rei:itroduce, Tom Wood, who will give a presentation on the SEQRA process and plan, and then Ray Arnold avid co -planner Holly Thomas, will address you. After that we will go down the list of those who signed up, who wish to speak this evening. Tom? MR. WOOD: Tank you. In December -- SUPERVISOR PAINO: Excuse me, also, I would like to add, if wo have too many people in the auditorium, the Town Attorney indicated, that a letter form Mark .ieberman, the Fire Inspector, said that we may :lave to adjourn to another evening. But, we'll see. Tom? MR. WOOD: Tiank you. In December 1988 the Town Board sought and obtained Lead Agency status under provisions of SEQRA, and in accordance with the rules what they are attempting to do by virtue of the Public Heaping, is while they are in the process to curren-:ly hold the Public Hearing and receive the publi,::'s comments, and they will be PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <84> considered not only as to this Board's consider- ation on the amendments themselves, but also the Board's deliberations with respect to making a determination of significance under SEQRA which the Board would next have to address, prior to giving further consideration on the amendments. And, basically, after the Public Hearing this evening, there are three potential routes that the Board can take. One being no action, and then they no longer have to follow the procedure. Secondly, since this is a Type I action, there's a presumption that an Environmental Impact Study will have to be prepared and the Town Board has to make a determination based upon the comments tonight. And, their review of the impact that these amendments may or may not have on the environment, that is as to positive or negative. If it's positive, they have to direct a Draft Environmental Impact Study be performed to assess all of the potential environmental impacts these amendments and proposals may or may not have. Then there is the holding of additional Public Hearings, limited solely to the consideration of the DEIS. Then following the Public Hearings we may also have PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <85> to have a further, Final Environmental Impact Study prepared, and then make a determination on the findings which would be their assessment as to what environmental impacts need to be addressed, mitigating factors they have, and we then be allowed to go and consider the amendments. And, obviously, if there's changes made to the amendments that were advertised for tonight's hearing, and your comments are received, then the Board has to conduct additional Public Hearings at the end of this process with respect to the exact wording of the amendments and map changes. If they were to make negative determination, they then proceed to vote on the amendments. This evening is merely a Public Hearing to receive comments and in -put. It is not a formal voting session of the Board. The Board is not making any determination this evening. Your Comments will be considered by the Board for the full purpose of both effect on considering of the amendments later on, and initially on consideration with respect to what declarations should be made under SEQRA. Now, I will turn this over to Ray. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <86> MR. ARNOLD: I am going to give you an overview of how we got to this point. The proposed changes in the regulations is really comprised of two different distinct areas. One is the area of regulations themselves, use and bulk regulations. And, the second is mapping of those various districts according to the proposed plan adopted by the Planning Board. In our review of the Zoning Ordinance, it was pointed out by the Planning Board, among other people, that the Ordinance itself is very hard to decipher and follow. Therefore what we did, initially, was to list all of the various uses in each of the districts, individually. In looking at the Ordinance, now it is a cumulative Ordinance, as you read down, you have to refer back to the prior Sections to find out what uses are allowed. What we did was we put together, for each of the exist- ing districts, that is the Neighborhood District, the Shopping Center District, the Office Park Dist- rict, etcetera, all of the regulations that pertain to those districts. On the wall are the printed charts, sheets on the side, [INDICATING] referring to the green -bar sheets, now. That's the existing PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <87> regulations, as they exist in each of the districts. We've added two new districts, based upon the concepts that evolved out of the Master Plan. One is R-40/80; another is R-20/40. And, that's intended to be part of the Master Plan. And, the intended statements for each of these types of districts is trying to show what the Plan is trying to achieve. That's what we followed in approaching the bulk on use and regulations. I'll go into that later one. We did those areas subject to, perhaps, no water or sewer, and subject to some water and sewer and we've put them into a special category. We did revise it to some extent. The bulk regulations, they are the set -backs, the amount of coverage, building heights, etcetera. And, in each of the districts, we then restructured each district so that we had a group of uses that allowed, by right, groups of uses allowed by Special Permits, and also groups that are accessory uses that are permitted by right, provided they are part of another partic- ular use. Last and not least, with respect to the bulk PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <88> regulations, we set some standards for some partic- ular uses. When you do special use permits for the type of uses you want standard, so that they can conform to what your basic concepts are in the plan. We also found that some districts and some of the uses, by right, in some of the districts, were of a nature that required some special consider- ations. We did not want major types of larger uses such as library which was allowed by the old Ordinance, in residential districts, and allowed in the new Ordinance, or proposed Ordinance, in the new Residential Districts. We wanted bulk around it in terms of minimum lot size, set at two acres. We tried to define it and set it for all of these in the proposed Ordinance, and that's the Section of the Ordinance -- Section 446.500 series, or 800 series, and essentially we did the same thing with respect to Non-residential Districts. We elimin- ated, or combined in one case -- we combined Highway Business One -Acre District together with Highway Two -Acre Business District, finding that over the course of reviewing development of this many lots, are less then minimum two acres in some PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <89> districts. We did not feel, during our review, that such a delineation between one and two acres in Highway Business was that significant. So we combined the two districts, and eliminated PI, which is Planned Industrial District. As a result of the Growth Management Committee and a survey of the Town residences, those are the districts that are eliminated in Non-residential, and we added three new districts. One is Conser- vation Commercial District, Hamlet Mixed Use Dist- rict -- the Hamlet District was designed -- when Holly goes through it, she will explain where it's designed for. The Conservation Commercial District was designed to take into account environmental sensitivity of some of the sites, with the same basic structure of the Zoning Ordinance with respect to the use and bulk regulations. Once again, on the other bar chart, towards the rear of the room is the existing regulations for the Non- residential District and between the two of them is the printed newspaper, which gives the proposed regulations. So, if you have any particular questions about them, you can refer to that. And, if you still have questions I will be happy to PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <90> answer them at any time after the meeting. I believe that Holly will now give her over- view of the mapping. And, if there are any explan- ations needed in terms of uses, I will give that. Holly? MS. THOMAS: The two maps on this side of the room [INDICATING] here, are the proposed zoning to be considered tonight, and the existing zoning. Those who did not look at them before, if you can do so during the break later, it should clarify what changes are really proposed. There are several residential categories under the existing and proposed Zoning, and we'll be starting with those. The lowest density residential zone in the Town is R-80, meaning the minimum lot size is 80,000 square feet. In the existing Zoning, you can see where that is, for the most part. There are some areas down here [INDICATING] on the east side of Route 9; the Route 9 border going up to the Village; and the other areas to the western edge, along the Hudson River. And, here's Myers Corners Road [INDICATING] east -west, and the Town Hall is here [INDICATING]; Route 376, and the airport, and PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <91> All Angels Hill Road [INDICATING], going towards East Fishkill. We are proposing the R-80 Zone continuing to exist in this area long the Hudson River [INDICAT- ING] and a slightly different area, on the east side of Route 9 between Greenfly Swamp, the wetlands is proposed to remain the same, and Smithtown Road, are proposed to be R-80, which is this area in here [INDICATING], and in the southern part, south of Ketchamtown Road. The rationale behind the R-80 Zone is these areas are not to be sewered or provided with central water and sewer systems, and have environ- mental problems. And, a higher lot size, or density without central water and sewer is a problem environmentally. This heavy line here [INDICATING] is the extent of the proposed central utility service area for the Town, and is fundamental to what the plan is based on. We realized that a lot of development activity that's occurring needs to be based upon a central utility system. What you see is only the R-80 areas outside this proposed central utility area [INDICATING]. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <92> The new zones are R-40/80 located in the north east corner of the Town, outside the central utility section, and some areas proposed down here in the south western corner, outside of the central utility area [INDICATING]. The R-40/80 District is this -- are these areas that could be served by central water and sewer at some time but probably not in the near future of developments as proposed without the central system. Two acre minimum lot size is required of developments proposed within the central system, conforming to the Town Utility Plan, that contributes to the overall need. [UNIDENTIFIED SPEAKER INTERRUPTED MS. THOMAS' PRESENTATION.] MR. ARNOLD: At this time, the regulations as advertised, and when we wrote them, we applied the R-80 regulations to all three types of developments in that zone. We have since reviewed that, and changed our position, upon recommendation of the Planning Board. In such a zone, if you allowed density of R-80 you can build with the bulk regu- lations, but if you are allowed a density of R-40 you are allowed to build at the bulk regulations of R-40. That's one change. PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <93> The second thing is the Conservation Office Park. We have changed, or recommended change in the set -back for that. That will be explained more fully when we come to it. Holly? MS. THOMAS: The same principle that Ray out- lined comes in for R-20/40 zones. The R-40 existing zone, is zoned 40,000 square feet, one acre per lot. The larger R-40 areas are within the proposed central water and sewer systems for the most part, and outside the central water and sewer R-40 on the proposed map, reflecting the existing developments locations. We don't see too much point in zoning them R-80 here [INDICATING] because they are closer to one -acre lot density; and the R-40 are in the south west section, for the most part are developed too, and the intent is outside the water and sewer areas to have lower density. The R-20/40 is a new zone, and the intent within the proposed central utility service area, and it is to allow half -acre lots, and where the concentration is closer to the Route 9 corridor, the central core of the Town, located here -- the PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <94> R-20/40, along the western edge of Route 9, here [INDICATING]. And, for some reason central water and sewer that meets the Town's needs are not provided. 40,000 square feet is the minimum lot size. The next residential area is the R-20 and R-15 and R-10, which is 20,000 square feet, 15,000 square feet, and 10,000 square feet, and is an existing zone. And, where they show up on the pro- posed zoning map is reflecting in the existing developmental patterns. We need not assign R-20, R-15 or R-10 to new undeveloped areas. They are three multi -residential, and five residential existing developments, existing apartment complexes or high density uses within the Town. Going back a second, up here [INDICATING] is R-20 outside Route 376 and along DeGarmo Hill Road, there's an extensive area of R-20 on the south side of Myers Corners Road, and an R-5 apartment cluster here [INDICATING] reserved open space, and a fairly high pocket along Route 9, and around Hughsonville, and some areas along Route 9-D. MR. ARNOLD: With respect to residential uses, there are very few different uses that were PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <95> proposed, or removed, from the existing residential uses. Most notable is that we added, as a Special Permit, in all Residential Districts, temporary housing units, economic housing units, that we will get into later on. But, review of the regulations will show you that there is very little difference in the use regulations between what is proposed in the new Zoning Ordinance, and what was allowed in the present Ordinance. And, with respect to multi -family units, we tried to define what we felt were existing permitted uses, into two Multi -family Districts of MH -3 and MH -5. MS. THOMAS: Non-residential categories con- sist of, the first one is COP, Conservation Office Park. This is a new concept. What it really is, is the old Office Research, ten -acre zone, in slightly different form and location. The intent of the Conservation Office Park is to allow office research development in the areas that have environmental problems, but also areas that present little opportunity for the Town to get diversified employment, through office parks, in campus style settings, which respect the environmental features PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <96> on the site. Where it is concentrated is on the east side of the airport, here [INDICATING] -- here's Route 376 [INDICATING] and a large COP zone, which you come over the existing zoning, which is mostly now Office Research 10 -acre, and Airport Industry, and Route 376 is over here [INDICATING] going to Fishkill, which is currently Planned Industry, which is proposed for Conservation Office Park. And, the area currently Planned Industry 1 -acre on the west side of All Angels Hill Road, down here [INDICATING] proposed to be COP, and also this area here [INDICATING] at the intersection of Route 9 and Middlebush Road, is proposed to be changed from Shopping Center to COP. Most of the areas are wetlands, and flood plains making development of the sites not imposs- ible, but challenging. You would have to come in with a good low density design. MR. ARNOLD: Major differences between the old regulations and the new regulations is in the old regulations residential uses were permitted with- out any regard to -- without any other restrictions and by right, in Office Research any principle use PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <97> permitted in most restricted adjoining Residential District [SIC] -- in other words, if you have an Office Research District you can develop it for residential use, which is completely contrary to the plan that was evolved by the Board. What we did -- there is a requirement for Special Permits in Conservation Office Park Districts to allow design of multi -use developments under Special Permits by the Town Board, subject to the requirements of the Ordinance. The requirement did not change, and that use did not change, to give the Town some control over indiscriminate residential development on parcels of land that was considered for economic development. It gives the Town more control. It does not say it can not be developed, but a design plan can be worked out with the developer and the Town Board. That's the major difference between the old and new regulations. The second thing is all through the Ordinance we have provided for the ability to have day care facilities in most of your non-residential areas. It's a problem within the County, and other Counties. MS. THOMAS: The next category is offices. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <98> The intent is provide alternatives to some commercial zoning existing in the Town. In the past, where you have smaller scale offices, you see it detracts for the most part from not plagued by environmental problems, no wetlands or floodplains. There's two proposals. One is along New Hackensack Road, the north side, southwest of the airport. The other is along the east part of Route 9, in the corridor, but not fronting on Route 9, in the southern part of the Town. The office zone was originally considered as a replacement zone for Highway Business areas, along the Route 9 corridor. But, as the Zoning Map evolved -- here's the areas [INDICATING]. MR. ARNOLD: The major difference between the two, use is the same, the question of taking resid- ential uses out, by right, and requiring it under -- allowing it under multiple use development, Special Permit, by the Town Board. And, day care facilities will also be allowed by right in the particular district. Those are the only differences between the old and the new Ordinance. MS. THOMAS: Commercial Conservation Zone is new, and is similar to Conservation Office Park, in PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <99> that it's a specially zoned area, created for areas environmentally constrained, as to physical location within the community. It's suitable for commercial, but could not be developed as other sites. The Commercial Conservation area exists along Route 9-D, on the east side of Old State Road, here [INDICATING] and also this area up at the intersection of New Hackensack Road, and Route 376, in this area here [INDICATING] where there's a flood plain back here, as you can see. If you can see, if you take a closer look, these areas adjacent to the proposed Commercial Conservation site, are not suitable for residential, and if designed carefully, low level intensity, it can be used for commercial. MR. ARNOLD: The basic use is similar to Neighborhood Business District use as in the old Ordinance. As proposed in the new Ordinance MS. THOMAS: The Neighborhood Business zone is an existing zone in the Town, and the intent of the Neighborhood Business is to provide small scale mixed retail uses, services, for neighborhood areas as compared to shopping center or major retail fac- ilities found along the Route 9 corridor. The PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <100> intent is to serve a smaller area. Where we have existing Neighborhood Business areas in the Town is where we proposed to continue the zoning. One area is the intersection of Myers Corners Road and DeGarmo Hills. If you think of a 7-Eleven and one or two other auxiliary stores -- that's the Neighborhood Business concept now in the community. And, the Neighborhood Business zone is adjacent to the conservation zone, down here on Route 9-D [INDICATING] east of Old State Road. MR. ARNOLD: The uses are primarily, principally, the same uses allowed in the existing Neighborhood Business District, and adding four additional uses, which we felt could fit into the Neighborhood Business District. One is funeral homes, the second is day care centers or nursery, and library is the third, and museum or art gallery and temporary outdoor sales in accordance with Section 446.804. And, digressing a moment, as you go through it, and see the temporary outdoor sales, in many districts we felt a need to have some element of control on the type of sales that occur on days like Easter, Christmas and other holidays where PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <101> there is a short period of time for sales, like with Christmas trees, for example. This way we have it written, and we have the Zoning Adminis- trator who is authorized to issue permits for a short period of time, for this type of use. We have listed them in the Ordinance, and we've tried to take care of that particular use, and we've authorized four additional uses within the Neigh- borhood Business District, that was not originally in the Ordinance. MS. THOMAS: General Business is next -- Highway Business, I'm sorry, occurs in the Route 9 corridor and comparing it to the map, you see it continues Highway Business going -- in the pattern of Route 9. MR. ARNOLD: The Highway Business District has many uses. It's almost all encompassing where we have allowed many uses which are associated with transient -- not transient development, but trans- ient clientele, retail uses, transient clientele, and one of the least restrictive areas as regulated. MS. THOMAS: Then General Business zone and there are a few areas. It's an existing zone, and PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <102> it appears in the proposal under areas that are developed already with general business type uses, with one exception visiting the pattern, on Route 376, near the airport is a General Business District, and there's an area south of that inter- section, and next to the Conservation Commercial zone, but developed already, and designated as General Business on this map [INDICATING] and there is also a facility along the River. It's not quite the same scale as Neighborhood Business, and it does not serve that small an area, and yet it's not a Highway Business. There's no pattern of use along the major highways. MR. ARNOLD: We can add the same businesses such as funeral, library, temporary outdoor sales, to the district, with the same regulations as in the Neighborhood Business District, with the use of special use permits, adding lumber supply, wholesale lumber sales, to accommodate a lumber yard and sale operation, and also motel would be allowed in this district, since it's mapped close to the airport, and there are existing motels within the district -- it was not to be used extensively throughout the Town, but confined to PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <103> existing areas when we wrote the regulations. MS. THOMAS: A new area, General Business, is an emerging district at the south side of the air- port, south side of New Hackensack Road, here [INDICATING]. Most of it is now zoned Airport Industrial, 2 -acre, and proposed to be General Business. The next one is Shopping Center. That is pro- posed to be reduced in the Town, and covers exist- ing shopping centers in the Town, along the Route 9 corridor, and Middlebush-Myers Corner Road area. MR. ARNOLD: With respect to the shopping center, we did not change them to much. We did add a day care center, and we did add a place of worship and parish house or rectory. We also moved hospitals or clinics into shopping centers, taking them out of all of the residential areas, and putting them in here, by Special Permit. Permit and design, municipal use, development is utilized as a design element to achieve both acceptable design in terms of aesthetics and acceptable development in terms of use. And, that's shown in this particular district. MS. THOMAS: Hamlet Business District is the PHILIP E. STILLERMAN, RPR OFFICIAL COURT REPORTER <104> next one. It's a mixed use category for the Town. It exists in the Town in the south east portion of the Town, in Hughsonville, this area on Route 9-D [INDICATING]. The Hamlet Center is intended to be a variety of small businesses which could include a small school, small center, small scale. MR. ARNOLD: In the Hamlet Business District, mixed business, there was a lot of uses listed, for really taking care of the uses that existed basic- ally [SIC]. MS. THOMAS: Airport Industry is next, and that is self-evident, and located at the airport, and is proposed to be reduced in size, compared to the existing zone, and scaled back to cover the area that's directly affected by the airport. The airport is this triangular piece [INDICATING] and on the approach pattern, several constraints as to what could be built exist. MR. ARNOLD: Uses allowed at the Airport District is cut back from what was allowed initially. We have, by Special Permit, warehousing and storage businesses, not to include plumbing electrical and similar contracting establishments. [INTERRUPTION BY UNIDENTIFIED SPEAKER.] PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <105> We've had questions about it, and that might not be a good area to locate that type of small contractor facility, being close to the airport. It's not the type of use to be permitted by the proposed regu- lations, at this time. MS. THOMAS: Next is Planned Unit Development zone, which occurs so far in one location in the Town, and we're proposing to make this area at Myers Corners Road [INDICATING] at the Pizzagalli- IBM site on the north side. PUD. What it means is what is intended in the Town Plan, is mixed retail office uses that is presented by one development design architecturally integrated, pedestrian scaled, and mixed office retail that will serve this intensive residential area around it. It would be in a prime location in the Town, but not an overwhelming large retail complex of the scaled industry along Route 9. This is geared more towards pedestrian uses, a variety of small shops and offices. MR. ARNOLD: Additional uses in the PUD is housing various forms of recreation, and based on designs to be provided, a large scale community type of development without hitting a regional PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <106> aspect. It would also be designed to address the "question of affordable concept" within the overall plan regulations for the PUD, and are the same as exist in the Ordinance now. There's three different changes in the whole 1820 paragraph in the Ordinance that's different from the existing one. Two pertain to when you are designing something, you have to take into account permanent open space, networking throughout the Town, and that was added; and another section, the district as existed in the Ordinance required a change of zone and still requires a change of zone for anything that's not mapped. However, with the proposed mapping, there's an area that's proposed for PUD, and therefore does not require application for change of zoning, and that language was put in. The third point also had to do with taking account of the open space plan for the Town. Other than those three items, nothing is diff- erent from the original, as far as regulations. SUPERVISOR PAINO: Thank you Ray and Holly. What we will do now is open this up to the Public. [INTERRUPTION BY UNIDENTIFIED SPEAKER.] PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <107> SUPERVISOR PAINO: -- I will go through the list, and call upon those who signed up to speak. We have a rather large crowd this evening, and I want to give everybody an opportunity to speak. The purpose of the meeting is to have the Town Board and the Growth Management Committee hear your comments concerning the proposed Zoning Ordinance revisions. We only ask that you keep your comments as brief as possible, make your point, and move on to the next person to permit all to have an oppor- tunity to speak. We don't want to be here until all hours of the evening or morning. Also, if someone has already stated what you were going to state, then please let us know that, but you don't have to repeat everything that's already been said. The first speaker on the list is Joel Cantor. MR. CANTOR: Joel Cantor. We, my wife and I, own a parcel of land on South Fowlerhouse Road, next to Inter -City Tire. There were two statements made during the presentation that are inaccurate regarding our land. It was said that we would not create new R-20 areas of undeveloped land, and the statement was made that Highway Business land would generally be preserved on Route 9. Both statements PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <108> are inaccurate, as to my land, on Route 9. We have HB land on Route 9, and converted R-20 land, and frankly I think that is absurd because land developed on Route 9 can not be denied what's happening there. Frankly I understand the unhappi- ness with the people on Fowlerhouse -- South Fowlerhouse road, but solving their problems should not be taken by infringing on my rights to solve their problems. There should be more control over the looks of the facade on the buildings, but not infringe upon my rights as a land owner. If you pass this you've confiscated my Route 9 land, and there's no way to build a house on Route 9, because no one will purchase it to live on Route 9, and live next door to Inter -City Tire. That's confis- cation of my property. SUPERVISOR PAINO: Thank you. Peter Tomasic? MR. TOMASIC: I got my land in 1971, and at the time it was zoned for Single Family zoning [SIC], and in 1980 it was rezoned to OR. Now I read in the paper that you're rezoning it to Single Family again. That's unfair to me. SUPERVISOR PAINO: What's the location? MR. TOMASIC: 206 Old Hopewell Road, three PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <109> hundred feet off Route 9. Presently I own a business in the Town of Wappinger, and I intend to build the business on my own property. I would like the property to be rezoned for Neighborhood Business. SUPERVISOR PAINO: Rezoned to Neighborhood Business? MR. TOMASIC: Yes. Please. Thank you. SUPERVISOR PAINO: Thank you. Frank Buyakowski? MR. BUYAKOWSKI: Before I make a statement, I would like to ask a question. You read the letter from the Dutchess County Department of Planning, and that's correct that they've voted against this proposed zoning? SUPERVISOR PAINO: Voted with seven recommend- ations, and without changing those recommendations they are saying if we don't go along with their recommendations, they will say no. Again, we are taking comments from everybody this evening. And, I will be having one or two, or more Growth Manage- ment Committee meetings. The first meeting, for which I would like to have Monday night, at 7:30 to review the comments made this evening. Also the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <110> letters we have received from the individuals, will be reviewed. We will have another meeting after that, after we all receive copies of the transcript of this evening's Public Hearing. So, we will be having more than one meeting. And, if necessary, we will go out for further Public Hearings. MR. BUYAKOWSKI: Going back to that, I am surprised because the County, according to the first statement made an important rule in the formation of the zoning. I own three hundred acres of land on the north east side of the airport, Maloney Road and Route 376, 140 acres used to be zoned Airport Industry, 2 -acres; 160 acres or 110 was residential, and putting that property now into the COP, and you've taken away Airport Industry. That leaves the only land for Airport Industry County property, because you've taken away all the privately owned land. That means the that County does not have to come to the Town in order to come in with site plans. I believe I'm correct on that. And, I think that Airport Industry is really a smoke screen. You really don't have any industry in the Town. If you look at zoning, there's PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <111> nowhere in the Town, zoning, that permits any type of manufacturing. That's the problem. And, why I have a problem with COP zoning, it's almost, really, useless. One reason is that it's office. You can saturate the Town with office space, big office spaces, and you really don't have any that will handle it. You have to get more of a mix -- from Office zoning and COP zoning. I know it was brought out by the Plan, but I want to show you this 36 -acre parcel [INDICATING] that's supposed to be COP zoning. When you take in all the side lines, and front lines, and going back from the boundaries, it leaves you with no develop- ment property. SUPERVISOR PAINO: That was one of the comments that the Town Planning Board made relative to that. MR. BUYAKOWSKI: What you should do with the COP zone is open it up more, put it into allowing certain types of manufacturing under Special Permits, so the Board will have some type of control. You're planning a fifty million dollar, or sixty million dollar, whatever it's going to be, PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <112> sewer. All of the Town's going to be in a sewer district, and you're not permitting manufacturing, and other types of businesses in the Town. Who's going to pay for all of the sewer and water? SUPERVISOR PAINO: Richard Cantor? MR. CANTOR: The thrust of many of the comments I was planning to make have been addressed sufficiently, or more accurately, for the most part. The proposed environmental assessment, written comments, include attachments by some. In response to your request to be brief, I will try. Are physical environmental aspects touched, superficially, or only economic environmental aspects, for reasons set forth in the written submissions, we believe you're not in position to properly issue negative declarations, and I urge one of two things, for reasons submitted. Either you go back and prepare a formal, detailed, Envir- onmental Assessment, or try to make a positive declaration, and deal with the issues in the Draft Environmental Impact level, giving consideration to the fact that we have rezoning. Thank you. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <113> SUPERVISOR PAINO: Denis or Nancy Chambers? MR. CHAMBERS: I'm just a little guy, living down here [INDICATING] in the corner, on Route 82. I sent a letter before it all came out. It stated that I want to be part of the Hamlet Business. I am along side of a little SUPERVISOR PAINO: I recall your letter. MR. CHAMBERS: Thank you. SUPERVISOR PAINO: Andreas Metzger? MR. METZGER: I'm speaking on behalf of my family. We own a portion of property [INDICATING] here, in R-40 -- proposed R-40. It had been zoned R-20. I would like to see it changed back to either R-20 or R-20/40 for reasons given are that our neighbors' sizes of their lots in the neighbor- hood, and also it's more affordable, in view of the people moving into the area. I feel that the increase in the size of the lot to one acre first of all is somewhat inflexible for our situation because some lots need to be slightly smaller than R-40 regulations to accommodate planning designs. Also, for those people who plan to move into the area, maybe able to more afford housing in the area. We have a need for lower housing costs in PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <114> the area, and I feel it's important that we address them. Thank you. SUPERVISOR PAINO: Stacy Parsons? [NO RESPONSE.] SUPERVISOR PAINO: Timothy Buist? MR. BUIST: I'm here to objection on behalf of [UNINTELLIGIBLE NAME] and I will read from a letter which I will submit. She owns approximately 21 acres of land on Myers Corners Road, immediately to the south of the Wappingers-Walbaums Plaza, and it's currently zoned Shopping Center, and is surrounded by properties presently zoned Shopping Center. My understanding is that the proposed zoning will change the classification to Conser- vation Office Park. We respectfully submit that at the present time, Southern Dutchess has a surplus of office space and to rezone it for a classifi- cation of no use makes the properties unmarketable. It's reverse condemnation. It's most suited for commercial or retail development consistent with other uses in the immediate vicinity. Uses to the north, south, and west are commercial in nature. This property is approximately 100 feet from Route PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <115> 9. Any change of zoning of the property is incon- sistent with the surrounding area. On behalf of the [UNINTELLIGIBLE NAME] I am objecting to the adoption of the proposed changes in the zoning. Thank you. SUPERVISOR PAINO: Dr. Patricia Heaney? DR. HEANEY: I'm in agreement. I'm in Southern Dutchess as a Chiropractor, tax payer, and property owner, and I am a member of the Greater Southern Dutchess Chamber of Commerce, representing 900 business people. And, after extensive research on the part of the Economic Impact Committee, the following position statement was unanimously voted upon by the Board of Directors, which I will read to you now. "The Greater Southern Dutchess Chamber of Commerce opposes the proposed Town of Wappinger Zoning Ordinance as it is written because it is counter-productive to the long term economic stability of the Town. "There is no provision for new multi -family housing. The only areas zoned for multi -family units are those areas in which apartment currently PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <116> exist. There is a desperate need for housing which our young families can afford to rent or buy. Bus- inesses in the area find it almost impossible to find employees to fill their openings. Many of our young families as moving from the area because they are unable to find decent housing. The same situation is facing our ever growing elderly pop- ulation also. This plan further restricts this essential growing need of our community. "Secondly, this plan had no Industrial - Manufacturing zone which further limits the future economic stability of the Town. Without the ability to expand the Town's manufacturing capability, it restricts the future tax base, which translates into higher and higher property taxes for those home owners who already live in the Town of Wappinger. "Thirdly, the highway business zoning along Route 9 is a narrow strip along the highway which will create more traffic problems. It will ruin the smooth traffic flow because there will be a need for a proliferation of curb cuts. The zoning should go much deeper along Route 9 at designated points to allow for several businesses to be built PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <117> in an area, and, therefore, eliminating the need for so many curb cuts. "Finally, we ask for a complete and thorough study of the environmental and economic impact of this proposal. The environmental assessment form submitted with the proposal is less than ten per- cent completed. Most questions have not been answered. The Town must be as responsible as it requires business, that is to thoroughly study and report the complete environmental impact of this plan to its citizens. "In closing, the Chamber recommends that the following be included in the plan: Provision for higher density of homes; increase areas for new multi -family and manufactured homes; deeper highway business zoning along Route 9; allow for increased density in residential zones if a percentage of the housing is priced in the range that will allow our young families and seniors to live in the Town; and create a new Industrial -Manufacturing Zone." And, I have some copies of this statement to pass out, if you wish. Thank you. SUPERVISOR PAINO: Thank you. Mr. Swenson? PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <118> [NO RESPONSE.] SUPERVISOR PAINO: David Hagstrom? MR. HAGSTROM: I'm David Hagstrom, and an attorney representing Carl Swenson. In this regard I have an additional letter, and I will supply you with copies, plus one for the Town Clerk and the Board. Attached to the letter you will see an exhibit attached, which marks the existing zoning, and the past zoning. Carl owns lands near the airport, just south of the airport. And, the existing zoning you can see -- it's right here [INDICATING] and is zoned Airport Industrial, near where Brown's Professional Building is located, and Cross Court Tennis is. On one side, towards the airport, is proposed to be for offices, and to do so recognizes good planning, so not all of the comments are negative tonight. This one is positive because on this side of the road recog- nizes the existing developments, which is a professional building, and recognizes a building which is in the process of being developed as; offices. However, you don't recognize that you've PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <119> turned Airport Industrial land into R-20 and this portion here [INDICATING] which we submit should be similarly zoned, being in conformance with the prior designation of the land as Airport Industrial, leaving similarly zoned lands facing each other. It had formerly been zoned Airport Industrial to a depth of 400 feet. I submit that it should be zoned Office, and in a worse-case- scenario, consider General Business. But, we would request that it be zoned Office. You would then have one logical area together, and consistent. I would point out one practical thing, Mr. Swenson lived her for a long time -- he got the property from his grandmother -- as you may know the airport take off path, they come down here [INDICATING], swing over here [INDICATING], and we know about Quiet Acres -- do you wish further prob- lems there? It really makes sense to have it as Office. And, I submit to you, if you look at the traffic patterns, it makes sense to have it zoned that Airport Industrial. Thank you. SUPERVISOR PAINO: Otto Feilen? MR. FEILEN: I want to talk on behalf of my PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <120> partner who can not be here, for one parcel, and that's 6.5 acres on Route 9-D, between Chelsea Ridge and Montclair, where Old State Road is a triangle section there. The present zoning for the property is eight foot business, and it is proposed for Conservation commercial. Before I ask questions on it, about the land use, if you look at the land use map, Conservation commercial portion of the land use, is totally different from what's proposed for zoning. And, I would like, while I submitted letters to the Board, I want to enter new information that 6.5 acres is without seeing the land use map. And, as a matter of fact, a pleasing comment, I see that the corridor there is something that you intend to develop, and it's very busy there, and you even put in Neighborhood Business, and new additions up the road. On the other hand, as I look at the land use, that is where it should be conservation business. So, I am confused with the relation- ships. I am definitely confused. I would like to offer -- there's tremendous history with the property. It's had a shopping mall approval, and the letters and maps I will PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <121> offer to Mr. Levinson, tomorrow, I'll not take the time of the Board now, but there is approval for a shopping center, and you know that developer is making a hole and the Town sees needs for develop- ments there. It does not seem like it's the right time to come in with new zoning. It actually looks the same, but you're making it business that is in effect not going there. So, I ask you look at it as maintaining that parcel as Neighborhood Business, and continue it as such. There's another parcel, I own it a lone, which is 4.2 acres, which is across from Chelsea Ridge, coming out on Route 9-D, and is opposite the Neigh- borhood Business, and also has zoning presently for Office Research 1 -acre across the road. That abuts the Central Hudson power line property, and behind that is the storage of unlicensed vehicles. I am basically trying to do something to develop that land with buildings consistent with R-20, and is extremely difficult. I'm thinking to ask that per- haps you consider that for your current office zon- ing because two-thirds of the property, if you really look at it, is totally surrounded by PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <122> business enterprises of one type or another. Maybe something can be done. One thing is, it has to be a partnership between the land owner, and the Town, to get something in there that is right, and not haphazard. I've waited years to get something in there, and I need help. Now, there's another parcel down there which abuts the Stonykill property, and it's an 11 acre parcel. I comment in my letter that I've written, that you should give some thought to the natural boundaries on the parcels there. There's a trem- endous amount of wetlands there, and to put it into R-80 zone, and looking for multiple -family or manu- facturing -- you've fifty acres there, if you take the total that's undeveloped, or what's used -- if you were to use it for business or storage -- if you were to consider that for some type of business -- I've written down Neighborhood Business, but that's not proper either, but some type of business maybe something can be developed for that particu- lar parcel. There's a tremendous amount of acreage and natural boundaries, what with the power lines, and Stonykill, maybe something other than R-80 could develop it. But, R-80 will take it for -- PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <123> Another thought coming to mind is that you are going through assessments, or zoning, you're going through an assessment, and there's been a substan- tial increase, I believe, in the number of tax dollars paid by all. It seems that there's a give and take in the proposed zoning increases and usages going down. I don't understand the relationship between assessments going to take place, because of the property decreases. What impact is there on the Town? Is this going to be able to increase assessments totally for the taxing Town, or will it decrease assessing. [SIC] Is there a study on it? I've seen no information on it at all. Thank you. SUPERVISOR PAINO: C. Olivieri? MRS. OLIVIERI: I own a piece of property on Old Hopewell Road, and the lady from the Chamber of Commerce expressed what I wanted you to do, which is to make sure that this be made to conform with COP. And, the whole idea is wrong. It's not COP, it's SC -- Shopping Center, and I should be zoned, with my five and a half acres, here [INDICATING] to conform with it, so I can benefit from all the PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <124> commercial business around. Mr. Alexander and Mr. Klein want the same zoning, here. And, I am right here [INDICATING] south of all of it, right near 7 -Eleven and the Rent -All. And, if Klein gets zoning, I would like zoning. [SIC] [INTERRUPTED BY APPLAUSE.] I don't want to be left there with my house and all this around me. That's not fair. I have enough noise from the Rent -All, and everything else. So, I want to say that this is not right. Alpine, who has already submitted an appli- cation that you have to consider because this is changing it. They have submitted a proposal, and if they get COP, it means nothing because that's not Conservation Office Park, it's Shopping Center there. [SIC] I prefer it not be there. Thank you. SUPERVISOR PAINO: Peter McGinnis? Mr. McGINNIS: I'm an attorney representing Andrew J. King, who has property on Route 376. I've given a copy of my letter to the Members of the Board. I would like to point out a couple of things. Our parcel is up here [INDICATING] that PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <125> I'm talking about. Several years ago the designations changed. It's no longer a Wetland designated parcel. The problem what we have does not show up on the map. Presently, out land is zoned R-40 and you are keeping it at R-40 under the new proposal. But, the problem is the adjacent parcel is being changed from R-40 to COP, and why that presents a problem is that that is the only way that parcel has ingress and egress to Route 376, which is over a right of way, which is on our lands. So, that is a problem of greatly increased traffic when it is developed, if it's Conservation Office Park, next to a residential parcel. What we're suggesting is that you either change our parcel to a Conservation Office Park designation, so it's the same as this one, next to it [INDICATING], or change the one next to it back to R-40, so they will be consistent with each other. And, the land in back, also, is proposed to be COP, which also has the capability of feeding into Route 376 along the right of way. And, if there is a tremendous increase in traffic on the road, it's PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <126> totally infeasible, impossible, to develop that ten acre parcel of land into R-40, residential. I ask you to consider that piece of land adjacent to ours if developed COP would greatly adversely effect the use of our land. Thank you. SUPERVISOR PAINO: Timothy Cronin? MR. CRONIN: I represent Kettle Associates, a developer from Westchester which has a parcel of land on South Fowlerhouse Road and Route 9. Joel Cantor spoke before about this land being zoned Commercial, and to the south it's zoned Comm- ercial. We planned to build a commercial use for our own use, an office building, and we anticipate doing that. We understand that you plan to zone it half-acre. And, if we had commercial use, there would be developed less sewage for the area. We would have to have a septic system for commercial use. And, we would not create additional traffic flow into Route 9, as opposed to residential traffic flow. We've written previously indicating that we would like to be zoned HB, commercial. That's about it. Thank you. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <127> SUPERVISOR PAINO: Dick Rosenberg? MR. ROSENBERG: The funny thing in this Town is that everything happens backwards. I am sur- prised that a state that has strict environmental laws, like this one, and we don't have an EIS. It's clearly a Type I action. I call upon the Mem- bers of the Town Board positively to deck this and that we have a Public Hearing and mandate that there will be a Public Hearing after there has been a full DEIS, so that everybody in all of the environmental issues are articulated, and everybody has an opportunity to comment. I resent the fact that we have a Public Hear- ing now, and short circuit the right to be heard after all of the cards are on the table. This clearly is a Type I action, and must be, positively decked. What you've done here is systematically denied the public's right to be heard on the matter. DEIS must, by the very nature if the public refers to -- also what must be addressed is the tax implications. You're tampering with the financial basics, financial structure of the Town, and you're not smart enough to do it, I submit, Mrs. Paino. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <128> SUPERVISOR PAINO: Please confine your comments strictly to the planned zoning changes, and without the personal comments. MR. ROSENBERG: I'm sorry if the truth hurts. SUPERVISOR PAINO: Mr. Rosenberg, everybody is here to hear comments relative to the planning and zoning -- MR. ROSENBERG: That's what I am speaking to. SUPERVISOR PAINO: No, your comments have not been -- [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] MR. ROSENBERG: no room for anybody to build, and that represents your personal district's antagonism to the partners, and thirty percent of the population in the Town currently live in multi- family housing, and what you've done here is systematically excluded thirty percent of the residents of the Town. This plan is absolutely ludicrous, if you take every location where there is multi-family zoning, by the very nature of it, there must be adequate facilities to serve the developments, such as water, sewer, and traffic -- [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] -- and must exist as PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <129> ongoing basis, otherwise the County Health Department will shut them up. And, when your Planner gets up and says that the areas of the Town where we have to have R-80 because of lack of facilities, that is ludicrous. The other problem I have with the plan reeks of spot zoning -- [APPLAUSE FROM THE AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] -- and I listened for two hours worth of jibberish here -- [NOISE FROM THE AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] -- with abundant references to day care facilities, and flea markets, and designed to be built -- the main issue is that the plan is lousy. On the other hand it rates a ten on a level of boredom, there's no question about that. The proposed ordinance is nothing more than political pay-offs to friends of Paino and Reis, at a cost of tens of thousands of dollars. SUPERVISOR PAINO: Mr. Rosenberg, we're here this evening for a Public Hearing relative to plan- ning and zoning. You are now out of order. No out of order comments should be made. MR. ROSENBERG: Political corruption is forbidden -- PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <130> 1 i SUPERVISOR PAINO: Would you kindly -- MR. ROSENBERG: No, Mrs. Paino, I think every- body here has the right to know. SUPERVISOR PAINO: Mr. Rosenberg, you are here to discuss planning and zoning, and your comments are now out of order, unless you are discussing planning and zoning, your comments are out of order. MR. ROSENBERG: There are five Members of the Board here, if you wish to take a vote if I'm out of SUPERVISOR PAINO: You are out of order! MR. ROSENBERG: That's your opinion, ma'am. SUPERVISOR PAINO: We'll move on to the next speaker, unless you will confine yourself -- MR. ROSENBERG: I will continue if you will stop interrupting, and afford me -- SUPERVISOR PAINO: I am Chairing this Meeting, and in the interests of all here, making comments relative to the zoning ordinance that we are pro- posing this evening, if you will restrict your comments to them -- MR. ROSENBERG: I submit that this plan is a waste of time and effort of the citizens. If the PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <131> Planning Board truly believed that they were here to accomplish a worthwhile purpose, that is not the case, I submit. Even the Dutchess County Planning Department, who have made a considerable consulting fee to guide the Town, in good conscience is coming out and voting against the plan, and they neglected to tell everybody here, that because of it, it will require a four to one vote to carry it. In good conscience, this plan is nothing more, it's a warped, misguided scheme, and nothing more than a desperate tool to pay off political favors. If you wish to build a shopping center in the middle of environmentally sensitive areas, there's no problem just make a few long distance phone calls to New England, you cut a deal, and you can count on Irene and David -- SUPERVISOR PAINO: Again, Mr. Rosenberg, you are out of order. MR. ROSENBERG: And, the story goes on -- SUPERVISOR PAINO: Mr. Rosenberg, you are out of order. MR. ROSENBERG: -- and I call upon you and the Board Members to do the right, honorable thing, and PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <132> vote Miss Paino's political payroll plan into the trash basket where it belongs, and come election time the voters will send -- SUPERVISOR PAINO: Mr. Rosenberg, you are out of order, and the Court Reporter has signalled that he's out of paper, so we will declare a recess for a few moments. MR. ROSENBERG: You're preventing me from finishing? SUPERVISOR PAINO: No, the Reporter is running out of paper, and needs a break. [RECESS DECLARED AT 9:00 P.M.] [PUBLIC MEETING RECONVENED AT 9:10 P.M.] SUPERVISOR PAINO: This Meeting is called back to order. The next speaker is Barbara Gutzler. MS. GUTZLER: Since it's late, I had several things I wanted to comment on, but I will cut it down. My primary concern is zoning on Conservation Office Park. It seems to me that they've been put in places that don't seem to be logical, you know, around high density areas of R-20, where we live. And, in reading the Zoning Regulations, I find that there's Special Use Permits available that can theoretically allow zoning like a laboratory or PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <133> research facility, or engineering or transmission tower to be built. And, I live in Angel Brook Estates, and theoretically I can find a trans- mission tower there, with a Special Use Permit. And, Alpine withdraws its application for a shopping center, and again, with Special Use Permit we can possibly find something like research facilities or laboratories right there on Route 9, around critical areas. I caution the Boards and the Planners to keep that in mind. Remember when we looked at Fairchild's site a few years ago? The people suspected, and I don't recall much, but the people suspected that there's toxic wastes discharged. And, during the break I spoke to another member of the Zoning Board, and I realize that the ground can not absorb a lot of discharge, so I am hesitant about seeing so much Conservation Office Park in the high density areas. We have enough problems now, with ground water contamination, and possibly be leaning to greater problems if we allow COP's to be placed where they are now, in these areas. My only other caution to the Board is with reference to spot zoning, and I am giving you PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <134> credit to know about spot zoning. I don't think anybody would intentionally do what they call spot zoning, but looking at the proposed map, and the proposed changes, I wonder if a long way down the road someone may bring a law suit against the Town saying that you spot zoned for favors, or -- even unintentionally rezoned the land to Highway Business, when it was Residential. I don't recall the people who spoke, but in listening, they talked about losing value of land, and that they will have to be compensated. Perhaps you are opening the door to law suits, and endang- ering the Town. I caution you, when preparing the final version, to keep it in mind. One other thing, is we have seven conditions set forth by the Dutchess County Planning Depart- ment, and I know that the letter was received within the last day or so, or even today, but I think that if you were in constant contact with them, you should have been aware of the seven conditions that the County Planning Department set forth. And, I don't know if you're going to be able to meet the conditions by any particular dead- line that you've set for yourselves, but if you PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <135> don't, the Department will turn you down, and you will need a super majority of four out of five -- I am surprised and appalled that conditions like this are still outstanding when you spend so much time working on it. I have to say that I will commend them for the work done. I know you worked hard, and put a lot of time into it. And, bear in mind the comments that we've made, so we can have ourselves a better Town to live in, because I intend to stay in this Town for sometime, but I'm not sure that I am happy here. Thank you. SUPERVISOR PAINO: Douglas Schner? MR. SCHNER: Douglas Schner, representing Pizzagalli Development on Myers Corners Road. In reading over the new ordinance I find that a COP district is not dissimilar to an OR -10A District with the exception of a Special Use Permit and, specifically under number two, Scientific Research, and Engineering Design, Laboratory, existing facil- ities, Research Development is a facility that always has been what you're asking for here through Special Use Permits. And, I think that the prior PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <136> comments about office space in Dutchess County is somewhat excessive. What you're doing here is putting a burden on the COP District in not allow- ing Scientific Research Development. In many, many, cases, it's a -- [NOISE FROM THE AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] -- industry, and should not be a problem in COP Districts. And, I heard Holly say earlier that that district allows Office Research, however you have to go through the step to get the Special Use Permit. I also heard comments earlier about a change in set backs that have not been made public tonight and I would like to know if they are more or less restrictive. SUPERVISOR PAINO: Less restrictive. MR. SCHNER: Okay. And, I disagree with you on the use of Research Development. Thank you. SUPERVISOR PAINO: Harold Mangold? MR. MANGOLD: Thank you. I represent James Klein and David Alexander, and you have my letter, and I would like to state -- rather ask, that you give Mrs. Olivieri anything she wants. I would PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <137> also like to commend you all for the hard work and effort put into this. They, Alexander and Klein, own a lot of property, as you are aware, and they have two problems. The first one being the fifteen acre parcel on Route 9, across from Greer Toyota, which land has been in familiar case, COP zone. If you are having a COP, exclusive office park usage, it's very expensive office space and it's hard to tell when you have to drive through multifaceted highways and business zones at this time. If it's entirely Highway Business, you will have a better use, and will be more in keeping with what's going on in the area, including whatever Mrs. Olivieri wishes to do. MRS. OLIVIERI: [INTERRUPTING] I'll sell it to Klein. MR. MANGOLD: Let the record reflect that Mr. Klein is not here tonight, and it's good for all of you, too. And, I note the New Hackensack Road property that Mr. Klein has, which is 1.5 acres, which has existing buildings and eighteen multiple dwellings, zoned R-20, which is retention of a non -conforming PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <138> use, and I ask at this time that it be zoned an appropriate multiple dwelling zone. Again, I commend you all, and thank you. SUPERVISOR PAINO: Anthony Monteleone? MR. MONTELEONE: Thank you. I represent Mr. Hartman who owns 188 acres on Route 376, in the area of Myers Corners Road, and I wrote a letter on his behalf April 10th, 1989, which I am sure you have reviewed. We went over it with the Planning Board recently as well, so I only have a few comments to make. One was made previously, and that is have you really considered the economic impact of the zoning you are attempting to create under the Ordinance? You are putting restrictions in the Ordinance whereby properties are restricted in development potential based upon the amount of services that can be provided to the properties -- public water and public sewer, and the R-40 and R-60, R-80, and so on -- and in other places in your regulations you state that one of your authorities has the determinative right to establish whether or not the property owner can put in central water or sewer, so you're really not giving the owner of the PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <139> property the potential development that you are saying, because you are retaining a discretionary right within a Board. And, that Board may not have the discretionary right, according to the law. And, not only economic impact, but the restrictions you are placing within it. The only other alternatives for the Town is to say that you will put in sewer and water throughout the district where we're restricting development, and where we're saying you put in a dwelling unit on 40,000 square feet, and we'll give you water and sewer to do it. That's economically unviable. Concerning the building envelope on R-40, R-60 and R-80, and possibly in COP, you've put in rear yard, side yard restrictions, and the Planning Board made a recommendation to change that. But, you created envelopes there that are just totally unworkable, so unworkable that you've confiscated many properties within the Town. The COP zoning in and of itself, because of the various areas that you've placed it, and placing the COP wherever the Town determines the environmental or other impact where we don't like the land, we'll put in COP. I don't know if that's PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <140> a good approach. You certainly have to consider that a property owner has a right to development of his property in a reasonable manner. Some property owners don't always recognize the Town's right to permit orderly development, but working together, I think a property owner and municipality, being cooperative and reasonable with the Zoning Ordinance, that it would be workable, and can make the Town of Wappinger a better town, not only to live in, and also for developers to develop and make the Town a better place to live, and yet lower taxes, and all of the other benefits that people look for when they move to a town like the Town of Wappinger. With those comments, and my letter of April 10th, 1989, I request that the Board serious take some of the comments into consideration and review them. Thank you. SUPERVISOR PAINO: Jack Railing? MR. RAILING: Preliminary comments that I have are that I've noted when Members of the Committee were noted, that every person on the Committee was associated in some form or another with the Town Planning Board, the Town Zoning Board PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <141> or Town Board. I think that the lack of a local businessman on the Committee is being see here tonight. I objected, years ago, and again I object to the fact that the local business community was ignored during the entire process. SUPERVISOR PAINO: If I can clarify that, first of all, initially we did have representatives from the local Chamber of Commerce who came to a few meetings, and they ceased to send representa- tives. MR. RAILING: I can, and I did, volunteer my services, free of charge, to the Town. You were not Supervisor at that time, and it was rejected. Secondly, I think there's insufficient infor- mation here, nor was there time to intelligently review the reasons for a lot of the changes. I heard the Town's Attorney indicating that a draft -- it was an impact -- Type I Impact, and that draft will be prepared. And, Mr. Rosenberg is saying that that's not what he heard. Can I get is there any mandate that there be a Draft Environ- mental -- MR. WOOD: Under SEQRA if it's a Type I action, which this presumably is, then one is PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <142> necessary. There's a presumption to show we have to weigh considerations made tonight -- MR. RAILING: It's not mandatory? MR. WOOD: It's presumed it will have to be done. MR. RAILING: I want to clarify it, in my mind, because it was not clear, whether or not it is required. And, you know that I have a business at 186 Route 9, I'm in the practice of engineering and surveying, and represent several clients in the Town. I would like to speak to one point, spoken to earlier this evening, and I will be specific, and it relates to spot zoning that's continuously occurring here. There's a parcel of land owned by Ray VanDorn, south of Friendly Accura, on the west side of Route 9. I spoke to him today, and I asked for his comments. He's not pleased with the fact that he has presently been zoned HB, and that he's proposed to be zoned R-20 or R-20/40. He objects. And, we use that as an example of the objections to a lot of commercial rezoning to residential that is occurring throughout the Town, specifically on the Ray VanDorn -- Mitsubishi site -- because PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <143> application for ten months has been pending now, which I don't know why the Growth Management Committee has not acted upon. They're very near the final stage of the proposal, and except for three or four parcels, other than Green Fly Swamp, and the existing residential parcels, they are all zoned non-residential, or commercial in some form. Why they were selected, we're not sure. One is Ray VanDorn's parcel. COUNCILMAN FARINA: Where's that located? MR. RAILING: Just north of Fowlerhouse Road. COUNCILMAN FARINA: Thank you. MR. RAILING: Third point relative to sub- division of commercial development was incorporated in the approval, and at that time the Town Planning Board was aware that it was to be commercial, and why this particular parcel is selectively eliminated from the commercial zone is unknown to us at this time. Again, there's no demonstrated reason or documentation for rezoning. And, we await any scoping sessions which may occur as a result of the positive declaration on this. We also ask what compensation will be offered to the land owners for their loss of commercial use PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <144> of their property, and we ask what will be offered to the tax payers of the Town for their loss of revenue of conversion of the parcel to residential. As I said before, and I will say it again, the commercial parcel would have a reduction of demand in areas of water -sewer, and also eliminate the need for another small Town road off Route 9, serving the three or four parcels -- that's a seven acre parcel, not one to be used -- designed as a cluster, or Section 281 Development. SUPERVISOR PAINO: Pete Elder? MR. ELDER: [MR. ELDER SPOKE OFF THE RECORD.] SUPERVISOR PAINO: Robert Ferris? MR. FERRIS: I'm here to speak for Mildred Diddell. Her property is located on Route 376 in this area [INDICATING] along a narrow piece, approximately 400 feet wide, and fronted on the front by Route 376, and fronted on the back by the new County Route 11, I think it's called, it's now the railroad. That's two major highways, and 400 foot parcel of land in between that. You now have it zoned Industrial, and it's proposed to be zoned Residential. I ask you to take another look at it. I doubt if anybody would want to have a residence PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <145> between two major highways like this. Secondly, you have a small portion of land scheduled to be zoned the infamous COP. We ask you to keep a consistency of zoning within an entire parcel. Keep one parcel within one zone, instead of splitting it into two uses. COUNCILWOMAN SMITH: Okay. We understand that. MR. FERRIS: And, the point on the COP is that her land does not meet the requirements as you set them forth of COP. It's already a pre-existing nonconformance use and does not meet your require- ments. It does not even have the 500 foot depth that you require COP to have. She's owned it now it's eight generations. We would like to see you give her more consideration on it. SUPERVISOR PAINO: Mr. Bill Halpin? MR. HALPIN: Yes. I own two parcels of land, and one is Highway Business 1-A and the other is R-20 right now. And, as I understand it, when and if it's rezoned R-20/40, that's half -acre lots, they are worth nothing to me. I'm paying $900 a year taxes for vacant half -acre lots. If that's to be proposed, and the proposal went through, I would PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <146> want to request that the adjoining properties have half -acre land, added on to my existing one, into something commercial. Otherwise the land is use- less. I can not use it for anything. It's Old Route 9 and Curry Road, behind the Greer property. SUPERVISOR PAINO: Henry Semp? [NO VERBAL RESPONSE.] SUPERVISOR PAINO: Apparently he does not want to speak. But, he has given the Town Board a statement. Jeff Relyea? MR. RELYEA: I'm speaking for myself and my wife. We're on Middlebush Road, and we've had the house on the market now for six months, and we're asking that it be rezoned for Commercial, the reason being is that everybody who is looking at the house likes it, it's on the market reasonably priced, but once they go outside in the yard, and see the traffic on Route 9-D and Middlebush is horrendous, no matter what time of day. We've asked that you reconsider that as Commercial. SUPERVISOR PAINO: Mike Hirkala? MR. HIRKALA: I don't have property to make a lot of money, or to lose a lot of money if you so PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <147> something with it. But, I have concerns. One you were advised about before, which is recreation use in residential areas. As the present Zoning Ordin- ance is written, in the proposal, anybody can set up any commercial recreational business in a resi- dential area with the Town Board's Special Use Permit. But, the problem is you can not tell them they can not have it as a matter of right. The only thing to control is that he or she -- what impact and mitigating circumstances forces -- you can not step 'em. What I'm saying, or trying to say, is if you wish something like a skating rink or bowling alley, that is something that possibly could happen, if that's allowed. It's a broad term. Recreation uses should be limited to small types of recreation. The wording on 426 is very vague reading. That way there's no way anybody can be able to say what the law is or does not allow, and that will give somebody a hard time for a Special Use Permit before the Zoning Board of Appeals. And, really, the requirement for churches in residential areas, should be, if not by Special Use Permit, by some form of permit, to mitigate the PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <148> parking and highway traffic problems. And, you're allowing ten acres for private schools, and yet churches with schools are permitted two acres? That can be a problem. They should be closer together. Another problem is Highway Business designation allows too much, and it should be more restrictive. And, complaint heard are you don't have Manufacturing, but you do have Highway Business which allows commercial laundries, and that type of thing. We have no sewer or water on Route 9, but the uses are on Route 9 and are allowed and it can create problems with the ground water, and with the Health Department, even if it is approved. In the long term, you're going to have problems. It should be a little more restrictive. And, I disagree with the attempts to make a Town Center on All Angels Hill Road and Myers Corners Road. And, to go on further, I think we have major road problems in this Town. And, the Town, County and State have said they are not doing a hell of a lot for us. The County is considering facing the problems by recreating the new road. We PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <149> can not get the developments to do it. And, the comments by the County, in their recommendations for what they recommend the plan should be, more specifically, high density -- that is scaring the hell out of me, because I see coming is building height restrictions of 35 feet, and having multistory buildings. I suspect that the County Planning Department has taken their wish list of creating high density areas in the core area, with the green areas outside three-quarters of the County, and eliminate our green areas. I am not happy with the way that was written. It seems to me they are dictating their wish of high density on our Town. But, he's talking six to ten per acre, and that is extremely high. And, that's the County Planning Department, and they had a Public Hearing, and application before the Planning Board recently -- Myers Corners Road, it was stated DPW had no plans to do anything on the road. What are we doing? Packing people in the Town without services, and making the Town pay for services that the people say we should have for them? It's ridiculous. If we're going to high density in the Town, the first thing to be done is sit down and PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <150> recreate long-term planning, and not just reactivate the plan, but sitting down and have the complete road work mapped out before the develop- ment comes in. I want the builders to come in knowing that he has a road to build. That's what I am talking about. It's unconscionable that the County Planning Department should foist on the Town that development that the Town does not want. [INTERRUPTED BY APPLAUSE FROM THE PEOPLE.] SUPERVISOR PAINO: The next two individuals, Mike Scriver and L. E. Maynard, I understand have chosen not to speak. And, the next individual on the sign up sheet is R. Humeston, Sr. MR. HUMESTON: Yes. I am relating tonight to the new development of PUD area adjacent to the Pizzagalli property on Myers Corners Road. Under the new Ordinance you are stating that there must be seventy-five contiguous acres presently. Under this plan, here, where you have my property, which is thirty-four acres, and the remaining property owned by another owner, the way I read and under- stand the proposal, is ownership can be separate but the owners must file a single contiguous parcel prior to application, and jointly submitted, PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <151> providing you can get both parties to agree. If I disagree, or the other party does, there's nothing. First of all, I think seventy-five contiguous acres is very large. And, as you are well aware IBM's facility started by Pizzagalli started off with less than that. It started off with fourteen to fifteen acres. I would like to see the seventy- five acres reduced to something more like thirty acres, which is, I think, better planning sense. And, the way the application is made, the way I read it for this particular PUD and everything, the application has to be made to the Town Board for rezoning, and from what zoning I'm not sure, and then the Planning Board reports back to the Town Board, and the Town Board holds a Public Hear- ing, and the Planning Board holds a Public Hearing and it's reviewed by all local celebrities and the Town Engineer, and it's now a few more years down the line. I'm concerned that suppose Pizzagalli decides hey want to expand their IBM facility. I believe, under this proposal, they can not purchase and use this for their research facility. Thirdly, my portion of the property consists of thirty-five acres, and the other owner has PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <152> thirty-four acres. He's in the sewer district, and the other portion of the property is not in the sewer district. I'm wondering how you can combine land to one use without a sewer district, or with two-thirds of the parcel in it. I think this action precludes getting a fair market value for the highest and best use of the land. I think that this Ordinance as proposed is taking away my land without due compensation. SUPERVISOR PAINO: Joe Incoronato? MR. INCORONATO: This is the scope of the plan developed over the course of a couple or three years. This goes back to the early '70's, and the basis for the existing Zoning Ordinance enacted in '79, and updated in 1980, and produced an 849 page document, a comprehensive study. I would like to know from the planners, or anybody on the Committee is what Town Development Plan is the source for this proposed zoning? MS. THOMAS: This is the Comprehensive Plan that was prepared through the work of the Growth Management Committee, which is the starting point for the Zoning Map that you see here now. And, the plans contain two background studies: The plan PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <153> itself, and the land use plan that goes with it. The land use plan is on the small wall, back there [INDICATING], and when that was completed, the zoning process began, and preparation of the zoning maps. MR. INCORONATO: Page twenty-three of this, [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- Section 263 of the Town Law, Zoning Enabling Legislation of the State shall be made in accordance with the comprehensive plan, [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- which you've done, and design to lessen congestion in the streets, making them safe from fire, flood, panic, and other dangers, [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- including health, and to provide adequate light and air and prevent overcrowding of land, and [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] --to provide a new concentration of population, and to facilitate provisional transportation of sewer and water, parks and other public requirements. What has this plan done to reduce congestion, and control population in the Town? Isn't that to be the state purpose of zoning within municipal - PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <154> ities, according to the law? What has been done to lesson congestion in the streets, etcetera? What has been done to prevent overcrowding of the land? I'll tell you. I looked at the old plan from the 1960's, the map on the left, and looking at it, along Route 9 from Spring Road down to the Fishkill line, it was all HB -2, except for three or four acres, just south of Hopewell Road, by the gas station on the east side of Route 9. That's roughly three out of a couple of hundred acres, or more, along Route 9. Virtually all of Route 9 was zoned 22 -acre Commercial. I now see that it's brought down to length of Route cuts. one -acre minimum along the entire 9, doubling the number of curb - Giving you one little example of what happens when you put businesses where they don't belong, and that's what's put on Osborne Hill, by Members of this Board -- Lloyd Lumber, is three -acres Commercial, two -acres of residential to the rear, west of the property this Board rezoned it to Commercial and now they've put a traffic light on Smithtown Road, because traffic is impossible at the intersection of Osborne Hill Road and Route 9. PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <155> Another business creating traffic problems, requiring a light on Route 9 [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- and you know what it looks like between here and Poughkeepsie? It's going to look like Yonkers. That's all we're developing. I have strange reservations that this is a damaging aspect of the Ordinance as proposed. What you are doing to Route 9 is a multiplicity of, and proliferation of commercial, small, lots attacking Route 9. Now, there's a question on the proposed sewer system. Do you see where the dark line on the right hand map [INDICATING] is? That's the proposed sewer system. When we talk about R-40 and R-20, and R-80, etcetera -- let me understand this, if I have a utility or [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] which is one and a half acres, either sewer or water, does that say because all of the major property within the sewer system, that that is construed as central sewer in that black area? [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] MS. THOMAS: Land development in that area PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <156> should not be permitted unless it's either on a central system, complying with the Town Plan, or designed to hook into a central system. That's the intent. MR. INCORONATO: That's the intent of the service area, and the Town Engineer's studying the district? And, here's the spot zoning, which was R-40, which [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- behind my property on Osborne Hill -- Ketchamtown, and now suddenly R-20/40, all on the basis of someone projecting this? When do you think we'll get to the wet dream here, that's it's going to come down to the Fishkill line? When do you think we're going to get central sewage? And, that's spot zoned. How many decades do you think it will be before it's sewered, if ever? Can you answer that? Will that be before the British leave Hong Kong? Before Star Trek returns to Planet Earth? MS. THOMAS: [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] MR. INCORONATO: The point I'm trying to make is you have arbitrarily allowed spot zoning on the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <157> basis of something that was projected, on something that was imaginative. We've not agreed to Tri -Muni yet. That's feasible. But, that's still in negotiations. And, you're allowing a higher density use to be [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] -- and yet you're allowing someone to get more housing in here on the basis of a twenty-year projection. That's outrageous, and it's not realistic, and it's not fair to the people. This is something that's been going on in the Town for years, and perpetuated again under the guise of progress. Where's your recreation? It is conspicuous by its absence. This thing that's fifteen years old, they did it then. You didn't have it. You show nothing here. And, in 1974 you said that the Town had 132 acres of recreation property, and you're short forty-four acres then, and your still short. But, it's more intense because there's twice as many people. How do you accommodate that? And, you've short-shrifted the west side of the Route 9. You have no recreation there. The only alleged recreation that you have there is at Castle Point. And, what do you have at that area? PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <158> You have a town dump. They've been dumping there for fifteen years, and finally closed it a year ago. Members of the Wappinger Conservation Association applied for funding from money you got from the 3345 kilovolt line, $250,000 [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] --to do engineering studies, to determine what water quality was there. You have hazardous wastes there. SUPERVISOR PAINO: Please confine your remarks, Mr. Incoronato, to the -- MR. INCORONATO: But, it does have to do with zoning. We have no recreation on the west side, and you have not made a determination for the security of the people. There's no welfare -list people, it's a failure of your Zoning Ordinance. [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR] and, if you look at the Dorothy Heights area, where persons claim they live there, and their neighbors saying they don't live there, and that the real estate business is flourishing there, and we have a lot being brought before the Zoning Board of Appeals and you have one use or another. And, the professionals with the intent of ultimately PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <159> bringing their offices in their homes, and that's unreasonable and unfair to the rest of the commun- ity. If you buy in a residential zone, it should remain residential. [NOISE FROM AUDIENCE MADE IT IMPOSSIBLE TO HEAR.] After spending more than three years to come up with this half-baked proposal, where the Dutchess County Planning Department who served as your consultant have major objections to what you are proposing this evening, after three years -- can only say that you're doing it bass-ackwards. You should have the DEIS, the DEC can make their counter -proposals, and then you have another Public Hearing because of material changes, which we will not get to for another two or three months -- this is just bad, shoddy work. [APPLAUSE FROM THE AUDIENCE.] SUPERVISOR PAINO: John Beale? [NO RESPONSE.] SUPERVISOR PAINO: The last person on the list is I. Stone. [NO RESPONSE.] SUPERVISOR PAINO: Anybody who wishes to sub- mit comments in writing will be accepted at the PHILIP E. STILLERMAN, RPR 1 OFFICIAL COURT REPORTER <160> Town Clerk's Office, up until 4:00 p.m. next Friday which is May 19th. Thank you all for attending this evening, and I move to adjourn this Public Hearing. COUNCILWOMAN SMITH: Second. SUPERVISOR PAINO: All in favor? THE COURT CLERK: Unanimously in favor, Mrs. Paino. SUPERVISOR PAINO: This meeting is adjourned. [PUBLIC HEARING CONCLUDED AT 10:00 P.M.] -oo0oo- CERTIFIED TO BE A TRUE AND ACCURATE TRANSCRIPT. DATED: June 20th, 1989. PHILIP E. STILLERMAN, RPR PHILIP E. STILLERMAN, RPR I OFFICIAL COURT REPORTER <161> Nw.