1989-02-23 SPMAGENDA
SPECIAL TOWN BOARD MEETING
FEBRUARY 23r 1989
7:30 PUBLIC HEARING
RE: Kent Road Stop Signs
8:00 PUBLIC HEARING
RE: Interim Zoning - 90 Day Extension
8:30 SPECIAL TOWN BOARD MEETING
1. Kent Road Stop Signs
2. Interim Zoning - 90 Day Extension
3. Resolution for Watch Hill Sewer District
4. Computer Training - Networking
K5. George Wells - Dog Control Officer - Set Salary and
Benefits
6. Bid on Diesel Fuel
No other business shall come before the Board.
43
A Special Meeting of the Town Board of the Town of Wappinger was
held on February 23, 1989, at the Town Hall, 20 Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 9:05 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
All joined in the Pledge of Allegiance to the Flag followed by a
moment of silent prayer for our residents and our Town.
This meeting was scheduled at the regular meeting of February 6, 1989
for the purpose of considering adoption
and Extension of Interim Zoning, public
earlier in the evening. Since then the
of two Local Laws on Kent
hearings having been held
Supervisor has added four
items to the Agenda for the Town Board's consideration.
Road
more
A Public Hearing having been held on February 23, 1989 by the Town
Board on a proposed Local Law Regulating Traffic on Kent Road, the
matter was placed before the Board for their consideration.
Mrs. Paino noted that at the Public Hearing, twenty residents were
present from that area and after a show of hands, ten residents were
in favor of Stop Signs on Kent Road and ten were against them. One
gentleman in the audience suggested that the Board poll the residents
who live on Kent Road since those are the ones that are most affected.
There were twelve residents present who lived on Kent Road and ten were
in favor of the Stop Signs opposed to two against these signs.
SUPERVISOR PAINO moved to adopt Local Law #1 of 1989 as follows:
A LOCAL LAW REGULATING TRAFFIC
WITHIN THE TOWN OF WAPPINGER
ON KENT ROAD
SECTION 1. Full Stop Streeets
The following roads and highways are hereby designated as
Full Stop Streets, and all vehicles shall observe any posted
Stop Sign at the intersection hereinafter described before
entering the intersecting street:
44
Kent Road at its intersection with Easterly Lake Oniad Drive
going East, and
Kent Road at its intersection with Easterly Lake Oniad Drive
going West.
Vehicles on Kent Road approaching the aforesaid intersections
shall come to a Full Stop.
SECTION 2. Fines
Any vehicles failing to observe the Stop Signs above described
shall be subject to prosecution of a violation of this Local Law,
and shall be subject to punishment by a fine not to exceed Fifty
Dollars ($50.00). A violation of this Local Law shall be deemed
a Traffic infraction.
SECTION 3. Effective Date
This Local Law shall become effective upon filing with the
Secretary of State.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held on February 23, 1989 by the
Town Board on a proposed Local Law to Amend the Interim Zoning Law
(Local Law #11 of 1988), the matter was placed before them for their
consideration.
SUPERVISOR PAINO moved to adopt Local Law #2 of 1989 as follows:
A LOCAL LAW AMENDING LOCAL LAW NO. 11 OF 1988
ENTITLED "REGULATING FOR AN INTERIM PERIOD THE
ISSUANCE OF BUILDING PERMITS IN THE TOWN OF
WAPPINGER, PENDING COMPLETION AND REVIEW OF AN
UPDATED AND REVISED COMPREHENSIVE MASTER PLAN AND
CONTEMPLATED AMENDMENT OF THE ZONING ORDINANCES
BY THE TOWN BOARD
SECTION 1. Legislative Intent
On May 16, 1988, the Town Board of the Town of Wappinger enacted
Local Law No. 11 of 1988 regulating for an interim period the issuance
of Building Permits in the Town of Wappinger pending completion and
review of an updated and revised Comprehensive Master Plan and
contemplated Amendment of the Zoning Ordinances by the Town Board.
Said Local Law by its terms, was to expire nine (9) months from the
date of adoption. The proposed Interim Zoning Law is due to expire
on February 26, 1989. The Town Board and the Town's Growth Management
Committee have been reviewing proposals to the Zoning Ordinance based
upon a new comprehensive Master Plan as adopted by the Planning Board
of the Town of Wappinger in July of 1988. At the present time it is
the feeling amongst the Growth Management Committee that additional
time will be necessary in order to implement the proposed amendments
to the Zoning Ordinance and an extension of Local Law No. 11 of 1988
is appropriate.
SECTION 2. Extension of Local Law No. 11 of 1988
Local Law No. 11 of 1988 regulating for an interim period the
issuance of Building Permits in the Town of Wappinger pending
completion and review of an updated and revised comprehensive
Master Plan and contemplated Amendment of the Zoning Ordinances by
the Town Board, be and hereby is extended for an additional 90 day
period up to and including May 27, 1989.
SECTION 3. Effective Date
45
This Local Law shall take effect immediately upon its filing
with the Secretary of State of the State of New York.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
At the last meeting the Board approved a resolution in regard to
billing to the Watch Hill Sewer District; it was later learned that
there was an error in the rate of the billing which was stated $2.15
per 1,000 gallons and should have been $2.15 per 100 cubic feet. A
resolution was placed in front of the Board Members to correct this
error.
The following resolution was offered by COUNCILWOMAN SMITH who moved
its adoption:
WHEREAS, the Town of Fishkill has advised the Town Board of a
different method of imposing a charge upon the Watch Hill Sewer
District for the treatment of sewerage generated by said District by
the Dutchess Park Sewer District in the Town of Fishkill, and
WHEREAS, the Town of Fishkill has advised that the billing
for sewerage treatment will be on a quarterly basis and
WHEREAS, in order to have sufficient funds on deposit for the
payment of bills, billing in this district must commence on the
second quarter of 1989, and
WHEREAS, the billings shall be based upon the water consumption
of the houses,
NOW, THEREFORE, BE IT RESOLVED that the Water and Sewer Clerk
of the Town of Wappinger be and hereby is directed to impose a sewer
charge on the consumers in the Watch Hill Sewer District commencing
the second quarter of 1989, and
BE IT FURTHER RESOLVED that the charge shall be based upon water
consumption and shall be charged at the rate of $2.15 per 100 cubic
feet of water usage, and
BE IP FURTHER RESOLVED that should the bills not be paid within
the time period prescribed for all payment of water bills in the
Town, a late charge in the sum of 10% shall be imposed.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
A Memo was received from the Zoning Administrator requesting
permission to attend Computer Training - Networking, in Boston,
cost of $95.00 for the course and air fare at $118.00 round trip.
MRS. SMITH moved to grant permission to Mr. Levenson to attend the
course and all legitimate expenses would be a Town charge.
Seconded by Mr. Farina
Motion Unanimously Carried
46
The next item for the Board's consideration was setting a salary
for the Dog Control Officer, George Wells, which would include
benefits.
MRS. SMITH moved to set a salary for George Wells, Dog Control
Officer at $6,800 per annum, to be prorated from January 1, 1989,
and will include benefits, but no other fees for his service will be
included.
Seconded by Mr. Reis
Motion Unanimously Carried
At the last meeting there was some confusion on the bid for Diesel Fuel
since one bidder stated that the amount did not include tax (New York
Gross Receipt Tax) and the other did not clarify. Correspondence
from the Highway Superintendent indicated that the amount in question
did not include the tax, so Bottini Oil Company was still low bidder.
MRS. SMITH moved to award the bid for Diesel Fuel to Bottini Oil
Company, as low bidder.
Seconded by Mr. Farina
Motion Unanimously Carried
There was no other business to come before the Board.
MR. VALDATI moved to close the Special Meeting, seconded by Mr. Farina
and unanimously carried.
The Special Meeting closed at 9:15 P.M.
aW.t a-AASL.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 2/23/89
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 23, 1989, on a proposed Local Law Regulating Traffic on
Kent Road within the Town of Wappinger.
Supervisor Paino opened the Hearing at 7:40 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
David Reis, Councilman (Arrived later)
Others Present:
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the record of this Hearing).
Mrs. Paino gave a brief history of the problems cited by the residents
which prompted discussions at work shop meetings in an effort to
alleviate the speeding problems. Their request was for Stop Signs
at each intersection of Kent Road, however, after completion of a
sight distance study by the Engineer and his crew, the recommendation
was for two Stop Signs, as stated in the proposed Local Law ---both
at the intersections of Kent Road and Lake Oniad Drive, one with
Easterly Lake Onidad Drive going East and one with Easterly Lake Oniad
Drive going west. Mr. Paggi noted that this has been discussed with
the Highway Superintendent who is in agreement with these signs and
would also like to have two warning signs placed before the Stop Signs
to warn the motorists of the approaching signs. He was requested by
the Superintendent that he recommend these warnings signs to the Board.
Martin Leopold, Plaza Road, stated that after thinking about this, he
has no strong opinion either for or against the Signs. They will not
accomplish the goal of eliminating reckless driving since they are
too far apart; we still need law enforcement.
Mr. Havas, Kent Road, against Stop Signs because he likes smooth, slow
moving traffic. If the overall speed can't be brought down to 25 MPH,
then he would go for the Stop Signs. The Town should make every effort
to get the speed down to 25, take down the 30 MPH if they can; if the
State can't do it then the property owners can get together, pay for
the signs and put it up, suggested 25 MPH.
Mrs. Paino noted that the Town does not have the authority to set
speed limits on the roads; they must be sent to Dutchess County
Department of Public Works and New York State Department of Transportation
for their review and recommendation and historically they have never
approved lower than 30 MPH.
Mr.
asked why a posted sign states 30 MPH and about 100' in,
there is another speed limit of 20 MPH; it doesn't make sense to him.
It was explained that the 20 MPH is merely a suggested speed if there
is a curve approaching, it has nothing to do with the legal speed
limit.
Don Havas, Kent Road and Pippin Lane, in favor of the Stop Signs, as
the Board already knows since he initiated the moved to have them
placed on the Board. He feels it will control the speed on that road;
it may be far away coming from. All Angels but going toward it it will
stop the speed because the majority of the time they are going into the
dangerous curve.
Max , Lake Oniad Drive, did not attend either of the work
shop meetings, but he is against the stop signs mainly because his
impression of stop signs is that they are supposed to be located at
dangerous intersections. He never heard of using stop signs to achieve
posted speed limits and certainly that particular intersection can't be
classified as a dangerous intersection on Kent Road since it is the only
intersection where you have enough visibility that you can think of
posting stop signs. When you look at the north side of Kent Road in
that area, for 300' there isn't a house on that side of the road so
there's relatively little population density. It looks to him like
the Town is harassing 95% of the people who use the road legitimately
to attempt to control 5% of the speeding. If he lived near the corner
he'd be very agitated since the cars will have to brake and probably
squeal and then accelerate again causing annoying noises. Rather
than doing this they should continue the police enforcement.
Mr. Paggi agreed that stop signs should not be used to control speed
as a general rule and he has stated this at the two work shops, however
sometimes situations do exist where you have to go outside the recommended
guide lines. They did a study on every intersection and determined that
some of them were not proper for stop signs using sight distance as the
factor. He did make the recommendation not as a compromise, but that he
felt it was the ideal spot to locate the signs for two reasons ---
1. if you are coming from All Angels you are approaching the bad
curve on Lake Oniad so possible you would not be gaining high speeds
and you'd have to stop and 2. going towards All Angels you're coming
into bad curve just past Cady Lane and probably the car would not have
reached its driving speed at that point.
A gentlemen from Lake Oniad Drive noted that many, many cars especially
those drive by young people, drive about 50 to 60 MPH in that section
60 and he doesn't think the stop signs will cut this down; he thinks a
lower speed limit and enforcement is what they need, that's the only
solution.
Mr. Llewellyn, Kent Rd, said that
young or old, are speeding and he
Bill Keenan, Kent Road, asked the
hand count to show those in favor
80% of the drivers, whether they be
is in favor of the Stop Signs.
Board if they intended to take a
and those against the Stop Signs; the
Supervisor replied that she intended to do that when they finished their
comments and/or questions.
Bob DeEttore, 19 Applesauce Lane,
noted for the record that since the
Town Patrol has increased their patrol of that area he has stopped
speeding, something he confessed he was guilty of.
Florence Graff, doesn't live on Kent Road but knows where it is and
feels the Stop Signs are too far down the road, that's a long stretch
and she referred to a housing development planned for All Angels Road
and Kent Road. That means there will be more people and more traffic
and the 30 MPH will be violated. The sign is too far away, she suggested
it be placed closer plus make it a 30 MPH speed limit. The Engineer
informed her there is an existing 3- MPH speed limit and it was discussed
putting a sign on that hill, either easterly or westerly and it was the
opinion of most of the residents who attended the work shops that that
location was the least favorable for the signs because of winter
problems.
Mrs. Paino asked those who lived in the Kent Road area to raise their
hands --there were 20. Ten voted in favor of the Stop Signs, ten voted
against.
Dr. Leopold felt that those affected most are the people living on
Kent Road and they should take a poll on these particular people.
This was done and the figure of 12 residents was confirmed; ten were
in favor of the Stop Signs, 2 against.
It was also suggested that if the stop signs are not approved why
not put radar signs up. Mrs. Paino responded that the Board was
committed to this whether the signs are approved or not and there
will be radar set up from time to time. They talked about permanent
radar equipment, however, Mrs. Paino could not give a price on that.
William Ohlerking, Kent Road, noted that in Europe it is automatically
placed on the highways and there is no argument, they take a picture
and you get a summons.
There were no other comments made by the public.
MRS. SMITH moved to close the Public Hearing, seconded by Mr. Farina
and unanimously carried.
The Public Hearing closed at 8:07 P.M.
P.H. Kent Rd. Stop Signs, 2/23/89
OLIAJLQ-
Elaine H. Snowden
Town Clerk
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET. — WAPPINGERS FALLS
NEW YORK - 12590
▪ PUBUC NOTICE •
• PLEASE TAKE NOTICE that the
Town Board of the Town of Wapp-
Inger will conduct a Public Hearing •
on the 23 day of Feb., 1989, at 8:00
p.m. or as soon thereafter as all can
bsa y,t L thew adoptionof
extend for an additional 90 day 1I
period, Local Law No.11 of 1988, en-
titled "Local Law Regulating for an
Interim period the issuance of
Bulding Permits in the Town of Wap-
pinger, pending completion and
review of an updated and revised
,comprehensive Master Plan, and
contemplated Amendment of the
Zoning. Ordinances by the Town
Boarccdo..'pyof
the
pro-
posed Local Law its available at the
office of the Town Clerk during
regular business hours, 8:30 a.m. to
4:00 p.m. Monday through Friday,
and all persons wishing to be heard
by the Town Board should respect
at
to
this proposalbe Ps
the above date and time in order to
be heard.
BY ORDER OF THE OWN BOARD
TOWN OFTWAPPIINNGER
BY: EAU E SNOWDEN
TOWN CLERK
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth Inacker
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was., the Bookkeeper
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for . o� ..weeks
successively in each week, commencing on the
..15th. day of ....February 19.8.9. and on the
following dates thereafter, namely on
and ending on the ..cath.... day of ..k:eb.►
19..8.9 both days inclusive.
Subscribed and sworn to before me
this 15th day of Feb uar
Notary Public
My commission expires
RACHEL WISHART
NOTARY PUBLIC, STATE GF NEW YORK
QUALIFIED iN DUTCHESS COUNTY
# 14.4855902
COtdrdISSION EXPIRES MARCH 31, 1910
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW TO EXTEND
INTERIM ZONING LAW FOR NINETY DAYS.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town'Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 14, 1989, your deponent posted a
copy of the attached notice of Public Hearing,on a proposed
Local Law to Extend the Interim Zoning Law for Ninety Days,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Middlebush Road,
Town of Wappinger, Dutchess County, New York.
,
GU A 1 Q L aNAit3CQ.(n
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this 03-3
day o f %t�Gc.a.,c s { % 1989. CECILE S.
NOTARY PUBLIC, STATEOP N�ELjY YYOBK
NO. 4866032
QUALIFlEO IN DIMNESS COUNTY
4.e.#�� •�c c COMMISSION EXPIRES AUG. 4, 19.4c;
Notary Public
A Public Hearing was held by the Town Board of the Town of Wappinger
on February 23, 1989 on a proposed Local Law Amending Local Law No. 11
of 1988 By Extending the Interim Zoning Law for an Additional Ninety
Days Period, at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Absent:
David Reis, Councilman (Arrived Later)
Others Present:
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
The recommendation was also received from the Dutchess County Department
of Planning which is required in order for the Town Board to be able
to vote on this Local Law at a scheduled meeting later in the evening.
Mrs. Paino added that it just came in today and the Planner indicated
that it was a matter of local concern which in actuality means they do
not have an opinion one way or another and it's up to the Town to
decide.
Mrs. Paino made additional comments to the effect that this law was
put on the books in the interim period while the Growth Management
Committee was working on the Master Plan and the Zoning Ordinance.
It is due to expire this month and a recommendation was received from
the Assessor that the Town extend it for another ninety days in order
to allow the residents to become familiar with the proposed map and
ordinance. A communication was received from the Planning Board indicating
that they voted unanimously in favor of the proposed 90 day extension
of the law.
Joseph Incoronato commented that the Growth Management Committee went
into effect in 1986 and the Interim Zoning Law went into effect nine
months ago. He presumes there's been a lot of work done but there has
been no public hearing, no informational hearing, which has been the
precedent for the last two major overhauls of the Zoning Ordinance.
Considering the gravity
to be just common sense
this more than one time
immediately votes on it.
of the proposed Zoning Ordinance it would seem
that the public have the opportunity to view
at a public hearing, after which the Town
In his estimation there should be several
meetings and/or hearings for the residents to find out what it's all
about. Mrs. Paino asked him if this meant he was agreeing that the
law should be extended for ninety days, however, Mr. Incoronato said
they shouldn't be doing this since they had three years to do this.
Mrs. Paino pointed out that the Town did enact this law about nine
months ago and it's due to expire February 26, 1989 and during this
time they have completed the Master Plan and have been working on the
revisions; in September 1987, a public informational meeting was held
by the Growth Management Committee and members of the Dutchess County
Planning Department at which time they presented the Land Use Plan
for the Town which is the basis for the Zoning
planned to revise; the Planning Board also had
plus a public hearing on the Land Use Plan and
Ordinance that they
a series of meetings
subsequent adoption.
Florence Graff asked why the plan and map was not published in the
Southern Dutchess News and was told that it would be published prior
to the Public Hearing. Thomas Wood, Attorney, explained , according
to Town Law, it would be published ten days prior to the date of the
Public Hearing. A large Map and the Ordinance will be available for
inspection at the Town Clerk's Office.
John Co]lins,Losee Road, asked how commercial zonings are reviewed
during the interim period in cases where the Growth Management Committee
would have a change in the zoning, particularly the Alpine
Would it be done by commercial zoning or office research.
told that it would be reviewed by the current zoning since
Development.
He was
the application
is already submitted. He expressed surprise at this response since the
Growth Management Committee is recommending a radical change for that
area. Again, he was told that the application must be treated under
the current law since there is no new one in effect. It is grand-
fathered and will remain shopping center zoning unless the land is
sold or the application is withdrawn and resubmitted after the new
category is in effect. Mr. Collins called this a sham and meaningless
since this will be zoned as it is forever and forever.
HeidiClaic stated that she just started to get involved in Town politics
and she is very upset with what she sees. She was under the impression
from what she was told that tonight's hearing would be a closed one
and noone could talk. She discussed at length the misconception that
she had and why people who work for the Town don't know what's going on.
She also said they were told they would be notified personally of this
meeting and Mrs. Paino informed her that the notice is put in the paper
for everyone's knowledge; no one is notified individually, at least not
of this meeting. She might have misunderstood. Mr. Wood explained
what was going on and stressed the fact that this hearing was not for
the new Zoning Ordinance, but rather to extend the present interim
zoning law which was being observed in the interim between now and the
adoption of the new ordinance. Mrs. Clark still did not understand so
he continued his explanation. The Town of Wappinger, he stated has a
Zoning Ordinance which sets forth the requirements in order to be able
to develop and build on property. Nine months ago the Town Board, in
anticipation of getting ready to amend and make changes to the Zoning
Ordinance decided to enact an additional requirement which is known
as the Interim Zoning Law which increased the size of property required
for construction of single family residences and some commercial districts
increase the size of the lots that were required if you wanted to pursue
your application during the nine month interim period. There were
some districts in the existing Zoning Ordinance that were unaffected
by the Interim Law and Alpine Development is one of them. There will
be no change in this location unless and until the Town Board adopts
a new Zoning Ordinance, which is proposed. There is always a dilemma
when you're going to adopt a new Zoning Ordinance, he continued, as to
where does the new law take over and the old law end. Mrs. Clark
had numerous questions for the Attorney, however, the status of this
application is in front of the Planning Board and at this time he had
no knowledge of where it stood and whether it would be turned down by
them. As far as he knew, this project still had to go through the
SEQR process and if this is the case, it still is in the initial stages,
it could take six months to a year for the completion of this process.
Nick Clark noted that although the Committee has not completed their
work yet, they have made some recommendations regarding certain areas
and drastic changes in those areas, the particular parcel they have
been talking about being one of them. Is there any rule in Town
procedure, he asked, to address this by perhaps saying anybody that
puts in an application for major change on a property, will not be
addressed for the ninety days extension period, no action will be taken
until the Board makes the zoning changes. If he was a developer he'd
say he has ninety days to submit an application, have my foot in the
door and not be affected by a major zoning change. Wouldn't it make
sense to earmark those areas that are going to be changed. According
to the Attorney, this would actually be enacting a moratorium which
was what the Town Board put into effect four years ago and the courts
have always looked at moratoriums as being the most drastic action
that a municipality can take and they will only tolerate them for a
short period of time. Since the Town has already enacted one in the
past, it was not the recommendation of the Board to put another one
into effect and so they went for the interim law. Mr. Clark again
asked if the Town could address the proposed changes at this point
and the Attorney informed him definitely not tonight since if they
wanted to go for a moratorium, there would have to be another public
hearing and he did not feel this would stand the legal challenge they
might encounter.
There was continued discussion from the audience, solely on the
Alpine Development which had nothing to do with the extension of
the Interim Zoning Law, the subject matter. Mr. Wood pointed this
out to the residents of that area, as did Councilman Farina. However
they were aware that the Growth Management Committee recommended that
the zoning be changed in that area and seemed to think that the extension
would change that. This would happen only if the applicant withdrew
the application or the land was changed.
David Reis arrived at 8:35 P.M.
One of the residents asked if this was the only extension they were
going to ask for. Mrs. Paino commented that she didn't even want to
ask for this one and Mrs. Smith said she wanted to go on record that
she wouldn't vote for another one.
Florence Graff asked what is the difference ---there is a Planning
Board and now she hears there's a Growth Management Committee. Who
makes up the Committee; she was told that the Growth Management
Committee was created in April 1986 and was comprised of at that
time
three members of the Town Board, the entire Planning Board
and the Zoning Administrator and they are also working with the
Dutchess County Planning Department. Since then now that they are
working on the zoning factor of it, the full Town Board attends the
meeting as does the Zoning Board of Appeals.
Mrs. Graff continued her questioning on the functions of the Growth
Management Committee since she could not relate it to the Planning
Board. Mr. Farina explained that the residents responded to a
survey sent to them at the beginning of Supervisor Paino's adminis-
tration and asked them to control the growth in the Town in an
orderly fashion, thus the Growth Management Committee was formed
which comprised mainly of the Planning Board Members and two of the
Town Board Members, as Mrs. Paino had stated previously. Mrs. Smith
time added that now the full Town Board participates, the Zoning Adminis-
trator, Dutchess County Planners and the Attorney to the Town now
that they are into the zoning aspect of it; now they will have input
from the various agencies.
Mr. Incoronato referred to statements made by the Attorney in regard
to moratoriums and the fact that courts frown on them, and he objected
to this line of thinking since Wappinger had one for six months a few
years ago and the Town of LaGrange also enacted one for this period
of time and then extended it and there was no problem with law suits.
He stated that lawyers are always bringing this up because law suits
mean money for them. He then went on to the date of Grievance Day for
this year, noting that it would be previous to the expiration of the
extended Interim Zoning Law, if it is approved by the Town Board. He
would not like to have zoning changed after Grievance Day is over and
not allow the residents to grieve. Mr. Valdati concurred with this
fact and though they could extend the date of Grievance Day this year.
The Attorney, however, reminded them that the Assessment Roll closes
March 1, 1989, Grievance Day is May 16th and the expiration of the
Law will be May 27, 1989, therefore, it will not affect assessments
until the following March, 1990.
There were no other comments made either for or against the proposed
Local Law to extend the Interim Zoning Law for Ninety Days.
MR. REIS moved to close the Hearing, seconded by Mr. Farina and
unanimously carried.
The Hearing closed at 8:50 P.M.
Elaine H. Snowden
Town Clerk
P.H. 2/23/89 L.L. Extend
Interim Zng. Law
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW TO EXTEND
INTERIM ZONING LAW FOR NINETY DAYS.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 14, 1989, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law to Extend the Interim Zoning Law for Ninety Days,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Middlebush Road,
Town of Wappinger, Dutchess County, New York.
Sworn to before me this 072
day of,.
Notary Public
t-st,t_q/ 1989-
g
zwily
A
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OP NEW YORK
NO. 4866032
QUALIFIED IN DIMNESS COUNTY
COMMISSION EXPIRES AUG. 4, 19
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET. — WAPPINGERS FALLS
NEW YORK - 12590
-PUBLIC NOTICE . .
- PLEASE TAKE NOTICE Mat the
-Town Board of the Town of Wapp
Inger will conduct .Public Hewing
on the 23 day of Feb., 1989, at 800
p.m. or u soon thereafter as all can
be heard, to consider the ackption of
. a proposed Local Law which would
extend for an additional 90 day
period, Local Law No. 1101 1988, en-
titled °Local Law Regulating for an
Interim period the issuance of
Bulding Permits In the Tovmot Wep-
pinger, pending completion sod
review of an updated and revised
comprehensive -Master Plan, and
' contemplated Amendment of the
Zoning 'Ordinances by the Town
Board.'
A com of the full text Ot the Pro-
posed Local Law is available et the
office of the Town Clerk during
regular business hours, e:30 a.m. to
.4:00 p.m. Monday through Friday,
• and ail persons wishing to be hoard
by the Town Board with respect to
the proposal should be present st
the above date and time in order to
be heard.
BY ORDER OF THE TOWN BOARD
TOWN OF WAPPINGER
BY: EALINE SNOWDEN
TOWN CLERK
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Elisabeth Inacker
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was-, the ..PPPItheeper
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for ..9.AV...weeks
successively in each week, commencing on the
day of ....F ebr uary 19.8.9. and on the
following dates thereafter, namely on
and ending on the _lath.... day of ..Eeb.
19.3.8 both days inclusive.
Subscribed and sworn to before me
this 15th day of Feb uar .19 89
••••a. • •
Notary Public
My commission expires
RACHEL WISHART
NOTARY PURLIC. STATE OF NEW YORK
OUALIRED N DUTCHESS COUNTY
# 14-4855932
COMMISSION EXPIRES MARCH 31. 191