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1988-05-16 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MAY 16, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES April 22, '88 May 2, '88 4. REPORTS OF OFFICERS: Rec. of Taxes Sup/Compt -1/2/c/-""! 5. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. g. h. i. Request from Zng. Adm. for permission NY Ping. Fed. Conference Oct. 16 -18th Notice of Public Hearing•.T/W ZBA for Apt. Use. Notice of Public Hearings T/Pk (4) on Recreation Comm. re: Barn on Montfort Rd. property -re -alignment Notice of intent to renew Liquor License by D.P. Chippari DBA Tony's Pizza Barn & Deli Receipt of D. Co. Resource Recovery Agency DEIS (w/Public Comment.: due by 6/29/88) D. Co. Assoc. for Sr Citizens re: recommendations for Staff for Sr. Citizen Recreation Programs J. Paggi, Eng to Twn, recommendation to accept Pondview Pump Station J. Paggi, Eng. to Twn, Proposal for relocation of Sewer Line/Treat- ment Plant as Reese Park Alternate for ZBA members to attend at Hotel Nevelle Mother/Daughter Accessory Zoning Ordinance Amendments 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Renewal of Lease to CATV for Antenna b. Authorize Supervisor to sign CSEA Highway Employees Contract w/approved revisions 1 c. Cons. Advisory Council - all terms expire June d. Authorize Recreation Commission to advertise for bids for Tractor e. Introduce and set Public Hearing for Myers Corners II Water District f. NYSDOT resolution approving construction of sidewalks at Bus Shelters (Rte 9) and future maintenance of same Consider adoption of Interim Zoning Local Law Sludge Removal Bid - M & 0 g• h. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: Public Hearing 7:00 P.M. on Interim Zoning Local Law 166 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on May 16, 1988, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:50 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 the Town of Wappinger and its residents. The Minutes of the Regular Meetings of April 22 and May 2, 1988, having previously been forwarded to the Board Members, were now placed before them for their consideration. Mr. Valdati referring to the May 2, 1988 Minutes, stated that they were deficient in that they did not include his comments regarding the cut in the Route 9 Median for a left hand turn into Guardian Storage. At the time Mr. Valdati voted against the motion he noted that the D.O.T. policy for making cuts in the median is that they be made only for major shopping centers, or access to a college entering; these are the only two circumstances mentioned. At a previous work shop they had discussed the traffic at that particular intersection and it was his opinion that Mr. Redl's problem should not become the interest of the Town of Wappinger to supercede safety or progress. It is not just an issue of trucks, he contended, there is a tremendous amount of traffic for rental and return of video tapes at the subject location. He believed it to be an obvious hazard to take this action and that it would only serve the business interest of one individual as opposed to the successful implementation of the reconstruction of Route 9. It was not, he continued, the Town's business to provide alternatives for this problem of Mr. Redl -- it is the safety of the residents and others who travel the road that this Town should be concerned. MR. VALDATI moved that the Minutes of April 22, and May 2, 1988, be and they are hereby approved, with the additions requested in the May 2nd, 1988 Meeting, as submitted by the Town Clerk. 167 Seconded by Mrs. Smith Motion Unanimously Carried Reports were received from the Receiver of Taxes, Supervisor/Comptroller and Hydrant Report for the month of April, 1988. MR. REIS moved to accept the Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Mr. Valdati noted that the Dog Control Officer had not submitted his report this month and requested that he be notified that the report was due each month. Petitions & Communications --- A request was received from the Zoning Administrator for the Planning Board Members, Zoning Board of Appeals Members and himself to attend the New York Planning Federation Institute on October 16 through the 18th, 1988, at the Nevele Hotel. He indicated that he would attend, if allowed the time, at no expense to the Town; the other members would reserve minimum cost accommodations and the allowable mileage. MR. FARINA moved to grant permission for the Boards to attend and legitimate expenses would be a Town charge plus $.22.5 mileage, and Mr. Levenson be given the time to attend the conference. Seconded by Mr. Reis Motion Unanimously Carried Notice of Public Hearing was received from the Town of Wappinger Zoning Board of Appeals relating to a Mother/Daughter Accessory Apartment Use; this property is adjacent to recreation property of the Town of Wappinger. MR. REIS moved to accept the correspondence and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Notices (4) of Public Hearings were received from the Town of Poughkeepsie to consider Amendments to the Zoning Ordinance and Code of Ordinances on June 15, 1988. MRS. SMITH moved to receive this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina requested that the Planner and the Zoning Administrator be provided with copies of these Notices. 168 Mr. Reis received the following letter from the Chairman of the Recreation Commission: The Recreation Commission is extremely interested in getting the property line between the barn and Mr. Fulton re -aligned as soon as possible to prevent any possible problems. We are asking your help and direction in getting approval for this project. If I should write a letter for the next Town Board Meeting, please let me know. Sincerely, s/ Ralph J. Holt MR. REIS moved to authorize the Engineer to the Town to contact Mr. Holt to discuss this matter with him. Seconded by Mrs. Smith Motion Unanimously Carried A Notice of Intent to renew a Liquor License was received from David Chippari, DBA Tony's Pizza Barn and Deli located in the Wappinger Plaza in the Town of Wappinger. MR. FARINA moved to accept this correspondence and file it with no comment. Seconded by Mr. Reis Motion Unanimously Carried The Draft Environmental Impact Statement on the Dutchess County Resource Recovery Agency was forwarded to the Board stating that public comments were due on this document by June 29, 1988. It is available in the Town Clerk's Office if anyone is interested in reviewing it. MR. FARINA moved to authorize the Engineer to review the document and submit written comments on behalf of the Town of Wappinger. Seconded by Mr. Reis Motion Unanimously Carried Normalyn Powers, Executive Director of the Dutchess County Association for Senior Citizens, Inc. wrote to the Supervisor regarding the position of Director for the Town's Senior Citizen Program. It was explained that only one resume was received from a Wappinger resident in response to the ad that was placed in the Poughkeepsie Journal. The most appropriate individual, in Ms. Powers's opinion was Jeannie Vlah, however, she was not a resident of the Town; a request was made in this communication to waive the requirement of Town residency on this position. MR. REIS moved to waive the residency requirements for the position of Director of the Benior Citizen Program in the Town of Wappinger. 169 Ms. Powers had also forwarded a resume submitted by Jeanne Vlah for the position of Director, to all Board Members. MRS. PAINO moved to hire Jeanne Vlah, through the Dutchess County Association for Senior Citizens, Inc. as Director of the Town of Wappinger Senior Citizen Program, at an annual salary of $10,920.00. Seconded by Mr. Reis Motion Unanimously Carried Correspondence was received from the Engineer to the Town regarding the acceptance of the Pondview Pump Station by the Town; also received was correspondence from a resident of that area. Mr. Farina explained that the Pondview Roads were accepted last year by the Town but at that time we did not accept the pump station as there has been a history of problems with it and Camo Pollution Control has been called upon many times to repair the pump. The Engineer added that the pump station is located on Bell Aire Lane, actually in front of this resident's home, (Tanveer Hussain, 18 Bell Aire Lane). Mr. Paggi reviewed the history of the malfunctioning of the pump station which has been very disturbing to Mr. Hussain due to the harsh and unbearable noise when this happens. It appears that they have solved the problem and it has been functioning properly although last week Mr. Hussain reported that the pump was not operating again. This, they found, was a normal stoppage and they were required to replace parts. The resident is unhappy with the situation and has requested the Town to relocate the pump station to another location where it won't be so disturbing to his family. If the Town were to consider this a study would be required by the Engineer and he explained this is the purpose of Mr. Hussain's letter if it is the intent of the Town to proceed with his request. Mr. Paggi pointed out that it would be a capital project to relocate the pump station and in response to a question from the audience, stated that the station had to be in that location prior to Mr. Hussain's purchase of his home since he had to be provided with sewer facilities from it. In his report, Mr. Paggi recommended that the Town accept the pump station and that building permits be issued for the remainder of the thirteen -lots in the rear of the Pondview Subdivision. MR. FARINA moved that the Town accept the Pondview Pump Station, based on the recommendation of the Engineer to the Town. Seconded by Mrs. Paino Motion Unanimously Carried 170 Mr. Paggi recommended that Camo Pollution Control be notified of this action and instructed to include inspection of the pump station on their daily inspection schedule. A report was received from the Engineer on the Wastewater Facility Report, F.G.E.I.S. regarding his proposal to relocate the plant to the south on lands other than the Reese Park site; a map was enclosed with the correspondence. The Alternate was indentified as 2A. 11110/ MRS. PAINO moved to accept the correspondence with enclosed map and Z L authorize the Town Clerk to forward a letter to Saratoga Associates requesting that they include Alternate 2A in the Final Generic Environmental Impact Statement. Seconded by Mr. Reis Motion Unanimously Carried In reply to Mrs. Smith's question on whether this new Alternate would require the procedure of the S.E.Q.R. process, the Attorney noted that based on his discussion with Saratoga Associates as well as their legal consultant on environmental issues, it is their contention that it is a move only within 500' and none of the intrical design will be changed in the system, that at this point it can still be addressed prior to receipt of the F.G.E.I.S. The Attorney presumed that there will be additional cost involved for including the new Alternate. Mrs. Paino recommended that another work shop be set up with the Board, representatives from Saratoga Associates and the Town Comptroller to discuss any additional costs the Town may incur. Mr. Valdati pursued this issue, stating that objections were received at the public hearing on the Reese site, but there has been no opportunity for the public to speak for or against this new Alternate, why wasn't it included with the others. Mr. Paggi discussed their reasoning and also advised the Board that another public hearing will be held and comments can be submitted ten days after this hearing. Mrs. Smith requested the Attorney to check into this question regarding the S.E.Q.R. process on Alternate 2A to make sure it is not required. Mrs. Paino asked the Engineer to forward a copy of his report and map to the Reeses'. Committee Reports --- Mr. Valdati, regarding the monthly report from the Dog Control Officer requested that he be informed, in writing, that this report must be submitted each month. 171 Mrs. Paino noted that she did speak to Mr. Wells today and he apologized for this omission, said he just didn't have a chance to get it done but he would have it ready for the next meeting. Mr. Reis, regarding the Senior Citizen Program, thanked the Supervisor and Recreation Commissioner Joe Mastroianni for the time and effort they have put into this program to get it off the ground. MR. REIS moved to forward a letter to Mr. Mastroianni thanking him for all his help. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Farina, Saturday Morning Garbage Program, asked that Mr. Fanuele be notified that the fee for the Senior Citizens will be $2.50 per 30 gallon bag, all others will be $3.00. Mrs. Smith had no reports for this meeting. Resolutions --- Renewal of the Lease with U.S. Cablevision for the Antenna was placed before the Board for their consideration. Mrs.-Paino referred this matter to Mr. Farina, who has been working diligently with the CATV Committee to resolve the problems we have had with the company and has been successful in his efforts. The lease renewalhas been tabled several months pending cooperation from the cable company in their service to our residents. Mr. Farina explained that the lease is for the purpose of placing an antenna on the water tower in the Hilltop Water District and the amount realized from the lease is placed in the account for that District. Now that the company has responded in a positive manner to their subscribers, there is no need to table the matter any longer. MR. FARINA moved to approve the Lease with U.S. Cablevision and authorize the Supervisor the sign said Lease. Seconded by Mr. Reis Motion Unanimously Carried In regard to the C.S.E.A contract for the Highway Employees, Mrs. Paino noted that the Attorney has been working with the Comptroller, Dennis Lasowski, and the C.S.E.A. representative, Richard Blair and representatives from the Highway Department to negotiate this contract. Mr. Reis thanked the Attorney and the Comptroller for the time they have expended in order to make the revisions in the contract that are agreeable to all. d 172 MR. VALDATI moved to accept the C.S.E.A. Contract for the Town of Wappinger Highway Employees and authorize the Supervisor to sign said contract. Seconded by Mr. Reis Motion Unanimously Carried The terms of the Conservation Advisory Council will expire in June 1988 and the matter of appointments to this Council was placed before the Board for their consideration. A recommendation was received from the present Chairman, Matthew Landi who will be leaving the area shortly, that the three active members of the Council be reappointed ---Cathy Peredes, Richard Dobbins and Florence Graff. Mrs. Paino recommended that these appointments be made at the next meeting when hopefully, other individuals will be interested and available. MR. FARINA moved to send a letter of thanks to the Chairman, Matthew Landi who has been a fine attribute to this Town with his efforts as Chairman of the Conservation Advisory Council, and wish him success in in his future endeavors. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Farina mentioned that much effort was put into a presentation by Mr. Landi on the Green Fly Wetland and its redesignation; he took the existing Council and made a real working machine out of it. He deserves a well felt thank you from the Town and its residents; he will be sorely missed. The Recreation Commission had previously requested the Town Board to go out to bid on a tractor as they were investing too much money repairing the old ones. MR. REIS moved to authorize the Recreation Commission to go to bid the on a new tractor. Seconded by Mr. Valdati Motion Unanimously Carried 173 A Petition to establish Myers Corners II Water District was received approximately two years ago from Douglas C. Schner, representative of the Pizzagalli Development Company. At that time, Mr. Schner requested that a public hearing be set on this matter. (The Order and Resolution Setting the Public Hearing for this District is attached hereto and made part of the Minutes af this Meeting). A communication was received from the New York State Department of Transportation on the Route 9 Myers Corners Road to Cottam Hill Road proposed construction, relating to construction of sidewalks required for bus shelters at the Wappinger Plaza. Enclosed was a resolution for the Town Board's consideration approving the sidewalks and accepting the responsibility of maintaining these sidewalks. Mrs. Paino explained that there had previously been a work shop on this matter with representatives of the D.O.T. and although they expected representatives from the Wappinger Plaza to attend, they could not be present to discuss the maintenance of these sidewalks; the intent of the Town was that perhaps they could jointly be responsible for the upkeep of the sidewalks. MRS. PAINO moved to table action pending receipt of a plan showing the layout of the sidewalks and comments from the Highway Superintendent regarding the maintenance . Seconded by Mr. Reis Motion Unanimously Carried If the Town did accept this responsibility of maintaining these walks, the recommendation of the Highway Superintendent was required since his department would be burdened with the extra work. A Public Hearing having been held on May 16, 1988 by the Town Board on a proposed Local Law on Interim Zoning, the matter was placed before them for their consideration. MRS. PAINO moved to adopt Local Law #11 of 1988 as follows: LOCAL LAW 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 IT ENACTED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: 1. SHORT TITLE This Local Law shall be known and may be cited as the "Interim Zoning Law" of the Town of Wappinger. 174 II. LEGISLATIVE INTENT AND FINDINGS OF FACT A. The Town of Wappinger, Dutchess County, New York, concerned about land use and development trends in the Town and the region and the standards contained in the Town's current development regulations, has had prepared an updated Master Plan and intends to prepare an appropriate Zoning Ordinance. For this purpose, the Town has and intends to continue to conduct research, studies and surveys and will present findings and recommendations to the public through informational meetings and formal public hearings both by the Planning Board and the Town Board. This procedure will lead to the adoption of a revised Master Plan and the preparation of and adoption of necessary amendments to the zoning ordinances and subdivision Lr regulations of the Town of Wappinger to implement such plan. The necessary completion of research studies, surveys and rewriting and adoption of Amendments to the Zoning Ordinance is expected to take nine r'' (9) months. B. The Town Board does hereby find that, pending the completion of the necessary surveys, studies, meetings and hearings and other actions incident to proper consideration and decisions relative to the Master Plan and any revisions and amendments of the Town zoning ordinances, that appropriate statutory measures must be taken during this period to protect the public interest by preserving the integrity of the proposed revised Master Plan and Zoning Ordinance. The Town Board also finds that continuation of present zoning regulations during the interim period may destroy the integrity of the Master Plan and its basic purposes, comprehensive aspects and intentions, in that, since the adoption of the Master Plan now in effect, the Town has experienced localized ground water shortages and pollution, building on steep slopes, infrastructure deficiencies, and the lack of affordable housing, and the rapid escalation in land values. Pursuant to authority duly vested in it, it is the intention of the Town Board to protect said Master Plan and to preserve its intended objectives and insuneimplementation by hereby adopting reasonable protective interim regulations during preparation and consideration of the aforesaid Master Plan and prospective changes in the zoning ordinances and thereby protect the public interest and welfare and prevent premature land development that could prejudice the integrity and objectives of the Master Plan or result in the establishment of land use patterns that may be inconsistent with and in violation of the intent of the revised Master Plan. The interim zoning legislation is intended to supplement existing zoning laws in the Town of Wappinger by adding area to the minimum lot size required in each residential and business districts with all requirements of the supplemented zoning designation in the present law to apply as is set forth in Section 421 and 422 as supplemented herein. The Town Board further provided herein for a review and appeals procedure to avoid or minimize any iniquities or hardships that may result from the strict application of these regulations. III. SUPPLEMENT TO CHAPTER 66 OF THE TOWN OF WAPPINGER ZONING ORDINANCE. A. Section 421 and 422 entitled "Schedule Establishing Standards" of the Town of Wappinger Zoning Ordinance is supplemented by the following area requirements as set forth in the following table: S 421 SCHEDULE OF REGULATIONS FOR RESIDENTIAL DSITRICTS Lot Designation Square Footage R 10 R 15 R 20 R 40 20,000 30,000 40,000 80,000 S 422 SCHEDULE OF REGULATIONS FOR NON RESIDENTIAL DISTRICTS PI IA 2 Acres PI IIA 4 Acres OR IA 2 Acres HB IA 2 Acres HB 2A 4 Acres GB 45,000 Square Feet NB 1 Acre (40,000) 175 B. Any application for subdivision in accordance with subdivision regulations that has been granted "preliminary approval" by the Planning Board prior to the effective date of this Law shall be allowed to continue under the pre-existing schedule of standards. C. Section 421 "Multiple Family Resident Districts 3 acres and 5 acres" and "425 PUD" is suspended until this Law expires. D. The official Zoning Map and Zoning Law of the Town of Wappinger adopted March 10, 1980 shall be deemed supplemented accordingly. E. This Law shall expire nine (9) months from the date of adoption. F. Notwithstanding anything to the contrary herein, no provision of this Interim Zoning Local Law shall govern any property serviced by both a Sewer District and a Water District. Any property serviced by both a Sewer District and a Water District shall continue to be governed by the provisions of the Zoning Ordinance without regard to this Local Law. G. Nothing contained herein shall be deemed to apply to or effect any subdivision of land where the ultimate result will be three lots or less. IV. SCOPE OF CONTROLS. A. During the effective period of this Law. 1. Building permits shall be issued in accordance with the revised standards herein. 2. The issuance of building permits where a completed application has been submitted to the Building and Zoning Inspector within thirty (30) days from the effective date of this Law, shall be in accordance with the requirements of the law existing immediately prior to the adoption of this Law. V. APPEALS AND VARIANCES Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Local Law, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application of any of the regulations or provisions of this Local Law relating to the use, construction or alteration of buildings or structures, or the use of the land, so that the spirit of this Local Law shall be observed, public safety and welfare secured and substantial justice done. VI. PENALTIES Any person, firm entity or corporation that shall construct, erect, enlarge or alter any building or structure or subdivide any land in violation of the provisions of this Local Law or shall otherwise violate any of the provisions of this Local Law shall be subject to the penalties authorized by Town Law Section 268 for violation of any Zoning Local Law. VII. VALIDITY The invalidity of any word, section clause, paragraph, sentence part or provision of this Local Law shall not effect the validity of any other part of this Local Law which shall be given effect without such invalid part or parts. VIII. REPEAL OF OTHER LAWS All ordinances or parts of ordinances in conflict with the provisions of this Local Law are hereby superceded to the extent necessary to give this Local law full force and effect during the effective period. IX. CONFORMING STATUS MAINTAINED Any structure for which a Certificate of Occupancy has been 176 issued prior to the effective date of this Local Law shall continue to be deemed conforming and shall not become "non -conforming". Any application for alterations or additions to these existing conforming structures shall be reviewed without regard to the provision of this Local Law. X. EFFECTIVE DATE This Local Law shall take effect immediately, upon filing with the Secretary of State. Seconded by: Mr. Reis Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved to accept the long form Environmental Assessemnt Form on the Local Law and declare a negative declaration based on the Environmental Assessment Form and accept Part 3 as a mitigating document. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to amend the Local Law, as presented at the Public Hearing, changing the Table for S 422, the second PI IA to PI IIA and the category "NB", 1 acre (20,000) to (40,000). Seconded by Mr. Reis Motion Unanimously Carried The Attorney wrote to the Board regarding the Sludge Removal Contract with M & 0 Sanitation indicating that the change they wished to make in the bid they submitted was due to the fact that they failed to include a 7i% fee charged by the Connecticut Department of Taxation which this Town is not exempt from since it is not a Connecticut municipality. He enclosed a proposed affidavit which would be signed by the officers of M & 0 Sanitation certifying this to be a true fact. Mr. Wood recommended that the Board take this into consideration with respect to its decision about reopening the contract and allowing for this unanticipated and unexpected increase. thwe It would change the bid from the bidded price of $127.00 per thousand to $136.50 per thousand. Mr. Farina noted that this particular item was probably the most expensive one in the sewer districts and since the operation and maintenance charges have been set for 1988, he would not want to move hastily and accept the 7i% increase. Mrs. Paino concurred with this statement and recommended that further discussion be held at a work shop. 177 Unfinished Business --- Mrs. Smith asked for an update on the PASNY funds and was told that the Citizens Advisory Panel had completed their review of the applications submitted with the assistance of a representative from PASNY, Jim Steets, and their recommendations will be forwarded to a PASNY Panel in New York City who will make the final decision. All applicants were informed whether their particular project was approved by the Town's panel and if so, they will be on hold until decision is determined by the PASNY Panel; this is not expected until June or July. New Business --- Mrs. Paino referred to the completion of Peel Lane which has had numerous problems concerning its completion and both the contractor and the developer have made promises previously to do this project by last Fall, but they have not been fulfilled. There have been many excuses for the incompletion, the most recent being the installation of a catch basin. In the meantime the residents have notified the Town that it has been too long in being completed and they are doing without services that they should be provided with; the mail is not being delivered and the school buses are not allowed to pick up the children there. MRS. PAINO moved to authorize the Attorney to send a strongly worded letter to the developer, Otto Klassen to complete Peel Lane and further authorized the Attorney to make a bond claim or a Letter of Credit claim in a final effort to have the developer finish this project. Seconded by Mr. Reis Motion Unanimously Carried June Wyant was recognized by the Chair and requested that the Supervisor provide her with the names of the PASNY Panel from the Town, who they represent, the applications submitted and the amounts requested, and the ones approved. Mrs. Paino agreed and reminded her that this is not a final approval, the decision rests with the PASNY Panel in New York City. There was no other business to come before the Board. MR. REIS moved to adjourn unanimously carried. the meeting, seconded by Mr. Farina and The Meeting adjourned at 9:42 P.M. —PR Elaine -H. Snowden Town CLerk QQ5/12 At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, in said Town on the 16th day of May, 1988, PRESENT: ABSENT: Supervisor Irene Paino Councilman Vincent Farina Councilman David Reis Councilwoman Constance Smith Councilman Robert Valdati None In the matter of the petition of the owner of one hundred percent (100%) of the assessed valuation of all the taxable real property in the proposed water district in the Town of Wappinger, County of Dutchess, State of New York and according to the latest completed assessment roll of the said town for the creation of the Myers Corners II Water District. WHEREAS, a petition dated February 26, 1986 has been presented to and filed with the Town Board of the Town of Wappinger according to law, requesting that a water district, as hereinafter described, be created in the Town of Wappinger, and WHEREAS, said water district shall be bounded and described as follows: All that parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York bounded and described as follows: Beginning at a point in the northwesterly line of lands now or formerly of Pizzagalli Development Company, being a stone wall, said point being the northeast corner of lands now or formerly of Sherman and being S34° -55' -05" E 3.61 feet from an iron pipe found, thence along said northerly line of lands now or formerly of Sherman, 1. North 67° -47' -10" West 309.83 feet to a point on the easterly side of a private road, thence along the northerly end of said private road, known as Four Fields Court; 2. North 67° -47' -10" West 50 feet to a point on the north- westerly corner of said private road, thence along the westerly side of said private road; 3. South 22° -12' -50" West 137.68 feet to an iron pipe found being the northeast corner of lands now or formerly of Levine, thence along the northerly line of the lands now or formerly of Levine; 4. North 71° -15' -10" West 377.00 feet to the northwest corner of lands now or formerly of Levine said point also being in the east line of lands now or formerly of WVC Realty Corp., thence along the last mentioned line and along the east line of lands now or formerly of MacDonald the following 8 courses (the first 7 courses being along a stonewall); North 21°-42' -57" East 56.27 feet, North 24° -10' -07" East 74.25 feet, North 22° -10' -35" East 20.85 feet, North 24° -55' -02" East 100.37 feet, North 15° -40' -33" East 344.38 feet, North 13° -45' -47" East 64.00 feet, North 22° -26' -35" East 26.75 feet to a point being the end 5. 6. 7. 8. 9. 10. 11. of said stonewall, 12. North 20° -25' -03" East 34.66 feet to the end of a stonewall on the south line of lands now or formerly of WVC Realty Corp., said point being approximately 25 feet north from old spring, thence along the last mentioned line the following 28 courses; (the first 19 courses being along stonewall) , 13. North 70° -41' -44" 14. North 61° -58' -52" 15. North 49° -20' -21" 16. North 32° -34' -42" 17. North 45° -49' -39" East 18.16 feet, East 29.82 feet, East 21.61 feet, East 22.66 feet, East 41.59 feet, 2 a an 18. North 22° -14' -59" East 15.34 feet, 19. North 1° -05' -25" East 13.20 feet, 20. North 23° -03' -00" West 120.73 feet, 21. North 6° -32' -19" West 79.65 feet, 22. North 11° -54' -32" East 129.75 feet, 23. North 11° -12' -43" East 43.87 feet to a stonewall corner, 24. North 25. North 26. North 27. North 28. North 29. North 30. North 31. North 68° -08' -23" 65° -34' -50" 68° -04' -35" 69° -10' -11" 71° -27' -15" 70° -52' -40" 65° -49' -48" 70° -27' -12" East 19.37 East 70.00 East 50.84 East 59.21 East 61.21 East 41.90 East 34.41 East 53.29 feet, feet, feet, feet, feet, feet, feet, feet to of said stonewall, thence leaving said an iron pipe found in a point near the stonewall, 32. -35' 127.89 feet to an iron pipe found, 33. -03' 99.61 feet to an iron pipe found, 34. -38' 142.90 feet to a point at the of a and continuing along said stonewall, 35. -27' East 38.92 feet, 36. -42' East 34.89 feet, 37. -05' East 55.78 feet, 38. -27' East 19.90 feet, 39. -39' East 36.04 feet, 40. -20' East 11.49 feet to a point on the west line of lands now or formerly of Humeston, thence along the last mentioned line being along a stonewall the following 3 courses; 41. South 18° -53' -44" East 132.38 feet, 42. South 19° -37' -46" East 162.49 feet, 43. South 21° -28' -01" East 169.27 feet to a concrete monument found, thence along the west line of lands now or formerly of Central Hudson Gas & Electric Corp. being along a stonewall the following 2 courses; 44. South 19° -40' -10" East 129.76 feet, 45. South 21° -24' -40" East 175.92 feet to a concrete monument found, thence along the west and northwest lines of lands or formerly of Pizzagalli Development Company and along stonewall the following 3 courses; 46. South 19° -52' -20" East 103.08 feet, 47. South 43° -54' -40" West 545.04 feet, 48. South 44° -06' -20" West 397.41 feet to beginning. Containing 29.5896 acres of land more or less. Bearings refer to Liber 1563 Page 158, lands now or formerly of Pizzagalli Development Company, and end South 24° South 76° North 50° beginning North 47° North 57° North 46° North 45° North 52° North 65° - 27" East - 35" East - 12" East stonewall - 39" -51" -01" - 22" - 41" -19" the point of a now 3 WHEREAS, the maximum amount proposed to be expended for the construction of waterworks and acquisition of land for said district is Zero (0) Dollars, and WHEREAS, the improvements for said water district consist of the existing construction of the water works, and the location thereof, including water mains, distributing pipes and a pumping station and these shall be approved by the Town board, and WHEREAS, the expense occasioned by the creation, operation and maintenance of the said water district shall be assessed, levied and collected from the several lots and parcels of land within the said district in proportion as nearly may be to the benefit which each lot or parcel of land in said district will derive therefrom. Now, on motion of Supervisor Irene Paino seconded by Councilman David Reis all members present voting therefor, it is ORDERED that a meeting of the Town Board of the Town of Wappinger be held at the Town Hall, 20 Middlebush Road, in said Town, on the 20th day of June, 1988 at 7:00 o'clock P.M., prevailing time, to consider said petition and to hear all persons interested in the subject thereof concerning the same, and for such other action on the part of the Town Board with relation to such petition as may be required by law, and it is FURTHER ORDERED that the Town Clerk give notice of such hearing by publishing a certified copy of the order of the Town 4 Board of said Town once in the Southern Dutchess News, the official paper of said Town, the publication thereof to be not less than ten nor more than twenty days before the date set for the hearing, and said Town Clerk shall also cause a copy thereof to be posted on the signboard of said Town, maintained pursuant to subdivision 6 of Section 30 of the Town Law not less than ten nor more than twenty days before the day set for the hearing as aforesaid. 1 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Irene Paino voting Aye Councilman Robert Vaidati voting Aye Councilman David Reiss voting Councilman Vincent Farina voting Councilman Connie Smith voting Aye Aye Aye The resolution was thereupon declared duly adopted. A Public Hearing was held by the Town Board of the Town of Wappinger on May 16, 1988 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law on Interim Zoning. Supervisor Paino opened the Hearing at 7:00 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Constance Smith, Councilwoman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk 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). Mrs. Paino reviewed the history of this Law, noting that after the April 18, 1988 Public Hearing, comments from from the various agencies it was referred to, plus comments from the public at that Hearing were reviewed by the Board Members and incorporated into a revised Law which is the subject matter of this Hearing. The following recommendation was received from the Dutchess County Department of Planning:. To: Town Board, Town of Wappinger Re: Referral 88-268, Proposed Interim Zoning Law 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 and intermunicipal factors, the Depart- ment finds that the Board's decision primarily involves a matter of local concern. Action The interim zoning law proposes to provide for limited development pending completion of a revised master plan -and zoning ordinance. In general, this is to be achieved by doubling the required minimum lot size in each zoning district. Comment The provisions for higher minimum lot sizes are of great concern to us. If significant development occurs at these proposed densities, it may create a development pattern that would make it very difficult to achieve town goals for creating new roads and green space corridors and for expanding central utilities. Such a development pattern may also be inadequate to address the need for affordable housing or alternative housing types. The overall development pattern that could result is contrary to the policies of this department and the County Master Plan, Directions. We understand that the board proposes to adopt this zoning as an interim measure while a new zoning ordinance is being prepared. Our degree of concern about the potential impact of halving the allowable densities will increase if, at the end of this interim period, the new zoning ordinance proposes similar or more severe density reductions. We also note two errors in the Schedule of Regulations for Non - Residential Districts, under Section IIIA. The district PI, lA is listed twice, with different area requirements, and the district NB specifies "1 acre (20,000)". Recommendation However, the Department recommend; that the Board rely upon its own study of the facts in the case, with careful consideration of these comments. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in the subject zoning action. s/ Lori Tanner, Planner The following recommendation was received from the Town Planning Board, dated May 13, 1988: At the May 9th, 1988 meeting of the Town of Wappinger Planning Board, the above item was discussed. By a majority of the vote the Planning Board favors the concept of the Interim Zoning and would leave the wording of such local law to the Town Board. Thank you for your consideration in this matter. The Hearing was then opened to the public for their comments. Nick Johnson, Gabriella Road, represented the Greater Southern Dutchess Chamber of Commerce, and at the. last public hearing they expressed reservations on such issues as affordable housing and the ability to withstand and support central services of water and sewer. They have the same reservations and would like to go on record and stating from an interim zoning point of view there are concerns that if this is used as a precedent for zoning laws that do not allow variety of zones and it will probably be challenged in the courts and cause more problems in the Town than it is worth. It was explained that this law will only be in existence for nine months, and it will not affect affordable housing since whether the law is adopted or not, there will be no affordable housing created. They do however plan to have a category in the new law, such as a floating zone which may help senior citizens. Another point brought out is that the proposed law does not affect those in water and sewer districts, only outside of them. Those not in these districts do not pay toward their upkeep so there should be no concern as to the price of supporting the districts since it does not affect them. John Railing, consulting engineer with offices in the Town, represents many clients, developers, subdividers and his concern was on Section IIIB which states that any application for subdivision that has been granted preliminary approval by the Planning Board prior to the effective date of this law shall be allowed to continue under the pre-existing schedule of standards. There are many projects that have gone through the Planning Board process, and mentioned the Stoneykill Road Subdivision, 49 lots, owned by Mr. Visillio, that has not actually received the preliminary approval but is close to it. It has taken two years and they are at the stage where a Draft Environmental Impact Statement has been accepted by that Board, and they are about to submit the Final Statement on this application. He feels that is a significant degree of completion of the project to warrant exemption from this law. He would like the Board to consider reviewing some other stages included in the Planning Board process and change the dividing line for exemption. Even before preliminary approval is granted, there has been considerable planning, designing, changes at the request of the Planning Board, time and money expended and if the law is approved, they will be made to put this work in limbo. As for upgrading the size, he didn't think it would give the Town Board what they are looking for, he feels they'll be a lot of strange looking developments as a result of this. Instead of having lots of 125 x 320 feet deep, they will be 125 x 600 feet deep , they should consider studying that aspect before they pass this law. Karol Sekely, Cedar Knolls, spoke at the last meeting but was misinformed, figuring everything not sewer districts was over an acre but he under- stands it's going for an acre, he's all for it. All the towns around, East Fishkill, across the river, demand an acre. If the developers are so worried and the Town is saying centralized water and sewer allows one half acre, then let them put in the centralized water and sewer and they'll get their one half acres. Hank DiMarco, noted that it appearaithat the Dutchess County Planning has concern relative to open space. It is to our advantage to have the open space so you can place septic tanks and water and have the hamlet around it--you have reasonable density so you can have your hamlet with open space around it. It does follow the cluster pattern of the New York State laws; it does look like a very appealing way to go and it will help affordable housing. Mrs. Paino pointed out that the Town Board did adopt an Open Space Ordinance which gives the Planning Board the authority to mandate to a developer that his development has to be done in a clustering concept; a single family unit on a minimum of 12,000 square feet which will allow what she thought Mr. DiMarco described ---allowing houses to be grouped together on smaller lots thereby reducing the cost of the roads and the associated services and leaving the remaining space open to be forever wild. Joseph Incoronato was confused on Section IV, Scope of Controls which stated that an applicant can get a building permit on a completed application within thirty days from the effective date of this law, in accordance with the requirements of the law existing immediately prior to the adoption of this law; this, he felt could conceivably mean that someone without preliminary approval could proceed under the prior law. The Attorney explained that the applica- tion must be completed, meaning that it has gone through the Planning Board process up to the preliminary approval stage. Mr. Incoronato continued speaking as spokesman for the Wappinger Conservation Association and they very strongly support this interim zoning law. There is a crying need for updating and upgrading the zoning ordinance. He spoke of the solid waste problem and pollution laws, water, roads. Many things can be avoided by intelligent planning and he felt the interim law will buy some time for the Town to do this. Gene Shepherd, Chelsea, also a member of the W.C.A. sees the problems that the developers have, also that the home owners have and read excerpts from an article by Mr. Rosenberg ---Chelsea now has i acre lots and it's unfair for the Board to change that. If he was a newcomer and the Town told him he can't build a house on one acre anymore because of water and sewer. If they told him he has to have 2 acres his reasoning would be this ---if this house were going to cost him $100 or $200,000 and it meant that five years from now he still has water and sewer he would go for the extra $20 or $30,000 that the extra acre would cost. He felt the Board was making the right decision. Michael Hirkala disagreed with Section IX regarding structures for which a Certificate of Occupancy has been issued prior to the effective date of this Local Law shall continue to be conforming and mont1 shall not become non -conforming; in two to three/they 11 be completed and occupied and it will be a non -conforming situation. Also, he hopes the Town Board will open up the zoning review process to every citizen in the Town since it is important that they participate. There were several posters in the back of the room in support of the Interim Zoning Law and Mrs. Paino thanked the person/s responsible for the "art " work. It appeared that the W.C.A. had done the sketches and put them up on the bulletin board. There were no other comments made for or against the Local Law. MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Public Hearing closed at 7:40 P.M. P.H. LL Interim Zng. 5/16/88 aLUS— Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW ON INTERIM ZONING. STATE OF NEW YORK ) ) COUNTY OF DUTCHESS ) ss. says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being.duly sowrn, 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 May 6, 1988, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on Interim Zoning, 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 day of 77/7 1988. /4 Elaine 1. Snowden Town C1:::k Town of Wappinger Notary Public CECILE S. HAWKSLEY NOTARY PUBLIC, STATE OF NEW YORK NO. 4866032 QUALIFIED m DUTCHESS COM j- COIMASSION EXPIRES AUG. 4, 19--4L Southern Dutchess News .914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 • V Trill° qT,'"i-r1 fi54 J✓s ',Atli, ifs re ter lit,. r.. ..• ti' . „ eft is intended 10 supplement existing zoning Law Section 268 for violation of any Zon- 'laws in the Town of Wappinger by adding t ing Local Laws.- - PLEASE TAKE NOTICE that the Town' - area 10 the minimum lot size required in a VII. VALIDITY ! • Board of the Town Of Wappinger will con- each residential and business district with ' The invalidity of any word, section,. duct a Pudic Heanng to consider the adop- all requirements of the supplemented zon- , clause, paragraph, sentence part or prove= _ - lion of a proposed Local Law entitled . ing designation in the present law to apply -. son of this local law shall not effect the 'IT OF PUBLICATION "PROPOSED INTERIM ZONING LAW OF.. as is set forth in Section 421 and 422 as' - validity of any other part of this local law THE TOWN OF WAPPINGER." Said Hear. supplemented herein. The Town Board fur- ' which shelf be given effect without such in -'r ing will be held on the 16th day of May..,m..ther providedherein for -a review and id part or parts., . 1988 at 7:00 P.M. at the Town Hall of the • peals procedure'to avoid or minlmrze- VII. REPEAL OF OTHEr„.-........„,..„,,„,,,,,'. i t A ' Town o1 Wappinger, 20 Mnddlebush Road, inequities or hardships that may raeult from ;; i f All ordinamesoi parts of ordinances in Wappingers Falls, New York. the strict application of these regulations',..- +conflict with the provisions Of lhusttcel law .: AIL parties interested in speaking with -...,,,.,.111. SUPPLEMENT.TO CHAPTER 66 OF..,....,are - .,s hereby uperceded .to .the extent_ k, respect to this Law shall be heard at that THE TOWN OF WAPPINGER ZONING necessary to give the local law full force tine and place. The text of the Law is set ORDINANCE. • ' and effect during the effective period. forth herein and copies of the said Lel are "f' A. Section 421 and 422 entitled-. !" ! IX.. 0. CONFORMINGt STATUS • available at the Office of the Town Clerk -of t !•Schedule Establishing Standards" of the' : y' MAINTAINED-$ • .i -t _ :s$, .the Town of Wappinger between the hours Town of Wappinger Zoning Ordinance is., - -1 Any structure tor which a Certificate of .' of 8:30 A.M. end 4:00 P.M. ,Morxfsy through':1=' supplemented by the following area re-' " L- Occupancy has'been issued prior to the ei-'i Friday - r quirements as set Win, in the, *Wowingfective date of this Local Law shall continue . >er. . PROPOSED INTERIM ZONING CAW ,. r, table: E • rt t ,z.: : . .: r. 'r !m be deemed conforming and shall not e- TOWN OF WAPPINGER ' TABLE become "non -conforming." Any application' LOCAL LAW S • 421 SCHEDULE OF REGULATIONS" • .r: for alterations or additions to these existing LOCAL LAW REGULATING FOR AN IN-' FOR RESIDENTIAL DISTRICTS conforming structures shall be reviewed 'TERIM PERIOD THE ISSUANCE OF Lot Designation Square footage without regard to the provision of this Local BUILDING PERMITS IN THE TOWN OF.-.,_. p 10._,,..,.... _ ,x20Opp-+..,.dl�,..tlf,r.,•,,,.,,,,.,�,� :hmitz of the WAPPINGER, PENDING COMPLETION ' R 15 30,000 X. EFFECTIVE DATE AND REVIEW OF AN UPDATED AND. - R 20 ' . e7 - • -40,000 4z TMs local law shall take effectimmediate-" REVISED COMPREHENSIVE MASTER R 40 ' % ' '• 80,000' F, Iy, upon tiling with the Secretary et State.- ter Dutchess r County, New Yk PLAN AND CONTEMPLATED AMEND- ' S 422 SCHEDULE OF REGULATIONS ' .-Dated: May 5, 1988 Elaine H. Snowden tyt or > MENT OF THE ZONING ORDINANCES ; FOR NON RESIDENTIAL DISTRICTS ! ; , , .- Town Clerk BY THE TOWN BOARD. - .- PI 1A ' 2 acres ' ,-. Town of Wappinger says that he is, and at the several BE IT ENACTED by the Town Board of PI 1A -.., . , j. - 4 acres I } y l' the Town T TLpmger as follows: ORIA' 2aeres - i Bookkeeper I. SHORT TITLE HBIA - .; . 2 acres times hereinafter was, the This local law shall be known and may HB2A • - - 4 acres be cited as the "Interim Zoning Law" of the GB 45000 square feet Town of Wappinger. N B 1 acre (20,000) DINGS LEGISLATIVEOF FACINTENT AND FIN- "-----c - B:Any application o subdivision 1 s ac- _ of the SOUTHERN DUTCHESS NEWS, a A. The Town of Wappinger, Dutchess - has been granted been "preliminary sp- County, New York, concerned about land , prove!" by the Planning Board prior to the' newspaper printed and published every Wednesday use and development trends in the Town effective date of this law shall be allowed , and the region and the standards contain-. to continue under the preexisting schedule - ed in the Town's current development - of standards. regulations, has had prepared an updated C. Section 421 "Multiple Family Resi- in the Town of Wappinger, Dutchess County, New Master Plan and intends to prepare an aft- dent Districts 3 acres and 5 acres" and ' poseriate Zoning Ordinance. Forthis pur- . , •'425 PUD" -is auspended.urn9 this law York, and that the annexed NOTICE was duly pose, the Town has and intends o continue .. expires. • .- _._ .. - - � '. : to conduct research, studies end surveys D. The official zoning map and Zoning • and will present findings and recommenda- Law of the Town of Wappinger adopted lions to the public through informational"- March 10, 1980 shag be deemed sup,- - published in the said newspaper for ...oxie..weeks meetings and formal public hearings both plemented accordingly by the Planning Board and the Town Board. - E. This law shall expire nine (9) months This procedure will lead 10 the adoption of t: efrOin-the date of adoption. successivgly in each week, commencing on the . a revised Master Plan and the preparation "` • F. Notwithstanding anything to the con-.• of and adoption of necessary amendments .: Crary herein, no provision of this Intenm to the zoning ordinances and subdivision .-. Zoning Local Law shall govem any property regulations of the Town of Wappinger toint- ,,x:,. serviced by both a Sewer District and a •••• �. day of ...May 196.8.. and on the plement such plan. The necessary compo- Water District. Any property serviced by • ton of research studies, surveys andl}6+,both a Sewer District and a Water Disttrict.: - following dates thereafter, namely on rewriting and adoption of Amendments to ... _hall continue to be goverened by the pro-` the Zoning Ordinance is expected to take %ions of the Zoning Ordinance without nine (9) months. . , -, . • -pard to this Local Law. • • B. The Town Board does •heieby find' G. Nothing contained herein'shall be"' that, pending the completion of the seemed 10 apply ec Of effect .any subdivi. necessary surveys, studies, meetings and _ion of land where the ultimate result will hearings and other actions incident to pro- .e three lots or less. " - • - per consideration and decisions relative to' "• •� - IV. SCOPE OF CONTROLS.•' • the Master Plan and any revisions and :1 i' • A. During the effective period of this 1 amendments of the Town zoning or- Iw:. r" 19.88 Y both days inclusive. dinances, that appropriate statutory ' : .. .1. Building permits shall be issued measures must be taken during this penod - in accordance with the revised standards to protect the public interest by preserving - • herein. ' the integrity of the proposed revised master 2. The issuance of building permits plan and Zoning Ordinance. The Town - -. where a completed application has been Board also finds that continuation of pre submitted to the Budding and Zoning in - sent zoning regulations during the interim spector within thirty (30) days from the of - period may destroy the integrity of the 'active date of this law, shall be in accor- master plan and its basic purposes, cont- dance with the requirements of the law ex- prehensive aspects and intentions, in that, isting immediately prior 10 the adoption of since the adoption of the Master Plan now this law. - '^' . ' ~ in effect, the town has experienced localiz- V. APPEALS AND VARIANCES ed ground water shortages and pollution, Where there are practical digicueies or Subscribes sworn to before me building on steep slopes, infrastructure deli- -- unnecessary hardships in the way of car- ciencies, and the lack of affordable hous- tying out Inc strict letter of this Local Law, o ing', and the rapid escalation in land values. Inc Board of Appeals shall have he bowery this 11 t:. day o f Mav �9 O Pursuant to authority duly vested in i1, it is in passing upon appeals, to varyor mods the intention of the Town Board to protect the applicatin of any of Inc regulations or • • ... • • -/ sem Master Plan and to preserve its intend- provisions •W this Local Law relating to the Lys . J ed objectives and insure implementation by use, construction. or alteration 01 buildings hereby adopting reasonable protective in- or structures, or the use of the land, so that team regulations during preparation and - `;1 the spirit of this Local Law shall be °beery- .. consideration - consideraton of the aforesaid Master Plan - ed, public safety and welfare secured and . and prospective changes in the zoning or, 2 ' substantial justice done. • dinances and thereby protect the public in- VI. PENALTIES - i" ....At.' y . terest and welfare and prevent premature '- • , i Any person, firm, entity or -corporation' - . land development that could prejudice the • - that shall construct, erect, enlarge or later o • integrity and ob actives of the master plan:,,• any building or structureler subdivide any,: or result in the establishment of land use land in violation of the provisions of this is j - commission expires patterns that may be inconsistent with and local law or snag otherwise violate an of My in violation of the intent of the revised the provisions of this local law shall be sub - Master Plan The interim zoning legislation-"1"lect 10 the penaitles'authorized by Town' and ending on the llth 1 day of May Notary Public RACHEL WISHART NOTARY PUBLIC, STATE OF VW YORK OUALIFtED IN DUTCHESS COUNTY # 14-4E55902 COMMISSION EXPIRES MARCH 31, 192)