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1988-02-01 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING FEBRUARY 1, 1988 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE. ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Jan. 19, 1988 4. REPORTS OF OFFICERS: para,,,A4Z 01j. eyvi WI. L k' G46- •••4144...4.0 )r€- 5. PETITIONS & COMMUNICATIONS a. Petition from Residents of Sabia Drive for 'Vetch out for Children' and"Dead End" Signs b. Notice of Public Scoping Session to be held by Town of Fishkill on Fishkill Waterfront Dev. Corp. for 6 Zoning Map & Ordinance Amendments c. Change meeting date of the Feb. 15th meeting d. Negative Declarations from Planning Bd.: Lawrence Farms; TEG Federal Credit Union; Kablaoui Subd.; Ceramic Tile Subd.; & Sage Subd. e. Notification from Planning Bd. of appointment of Peter Howell as Vice Chairman of Ping. Bd. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Vacancy to be filled for Planning Bd. Member b. Vacancy to be filled for Board of Architechural Review c. Position of Town Historian to be filled d. Zoning Board of Appeals term of office of Chas. Cortellino expires 2/1/88 - 5 year term e. Wm. Crane, Attny, re: Tax Certiorari Consent Orders for settlement of Gate White and Parkwood Associates f. Introduce Local Law for No Parking Area along Portion of Kent Rd., and set Public Hearing .,„,/g. Consider introduction of Resolution for Interim Zoning h. Authorize Supervisor to sign contracts for Soccer and Little League programs in Town i. Amend Subd. Regulations regarding House Enumeration j. Set Billing Standards for R. Mayo, Tenant to Water & Sewer Dist. k. Approve Renewal of lease w/CATV for Existing Satellite Dish -Hilltop 8. UNFINISHED BUSINESS Water Dist. 9. NEW BUSINESS 10. ADJOURNMENT 42 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on February 1, 1988 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:35 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: Joseph E. Paggi, Jr., Engineer Thomas Wood, Attorney Herbert Levenson, Zoning Administrator The meeting started with 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 Bimonthly Meeting of January 19, 1988, having previously been forwarded to the Town Board, were placed before them for their consideration. Mr. Farina noted that a correction should be made on Page 32, relating to the state reimbursement for the operation and maintenance of Wastewater Treatment Plants, a program which they authorized in 1975 instead of 1985, as stated in the Minutes. MR. FARINA moved that the Minutes of January 19, 1988, be and they are hereby approved, as corrected, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried The Annual Report for 1987 was received from the Town Justices, also the Year End Report for 1987 from D'Arcangelo & Co, Accountants for the Poughkeepsie -Wappingers -Lagrange Joint Landfill Project. MR. REIS moved to accept the reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried 43 Petitions & Communications --- A petition was received from residents of Sabia Drive requesting that two signs be placed in their development, "Watch Out for Children" and "Dead End". MRS. PAINO moved to refer this matter to the Highway Superintendent and the Engineer to investigate and determine the proper location for the placement of the signs requested by the residents of Sabia Drive. Seconded by Mr. Reis Motion Unanimously Carried A Notice of Positive Declaration and a Scoping Session in the matter of a proposal by Fishkill Waterfront Development Corporation was received from the Town of Fishkill. The proposal was for six zone map changes and amendments to allow development of 1,139 residential units on the west side of Route 9D in the area bordering the Chelsea Hamlet in the Town of Wappinger. The meeting will be held on February 16, 1988 at 8:15 P.M. at the Town of Fishkill Meeting Room. Mrs. Paino requested the Attorney and/or the Engineer to the Town to attend this Scoping Session. MRS. PAINO moved to forward a letter to the Town of Fishkill indicating that this Town Board agrees that this proposal from Fishkill Waterfront Development Corporation should be a positive declaration which means that it will have an impact on the environment, also indicating that the Town of Wappinger has strong concerns relative to the impact that this proposed development will have on this Town, specifically, the area of Chelsea, the additional traffic that will result on Route 9D and the Chelsea roads and the existing water source. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested that we also notify the Town of Fishkill that our Engineer to the Town, Joseph Paggi, Jr., will attend the Scoping Session on behalf of the Town Board of the Town of Wappinger. Rick Kosowski, President of the Wappinger Conservation Association, noted that they are also concerned about another proposed development in that area known as Castle Point on the Hudson. He felt the Town should also be interested in this proposal but did not observe any 44 Wappinger Officials or representatives at a recent meeting held by the Town of Fishkill on this proposal. The WCA and their Attorney were present at the December 10, 1987 meeting to voice their concerns and Mr. Kosowski suggested that the Town take the necessary action to inform our neighboring Town that we wish to be notified of all meetings on proposed developments that can affect our Town. MRS. PAINO moved that a second communication be directed to the Town of Fishkill indicating that our Town Board wishes to be notified of any and all meetings pertaining to future planned developments that will border the Town of Wappinger and specifically at this time, Castle Point on the Hudson. Seconded by Mr. Reis Motion Unanimously Carried Since our next scheduled meeting, February 15th, 1988 is the observed holiday of Washington's Birthday, the Town Clerk asked the Board if they wished to consider changing the date of the meeting. Mrs. Paino noted that the majority of the Town Board will be in New York that week attending the Association of Town's meeting. MRS. PAINO moved to cancel the second Town Board Meeting in February. Seconded by Mr. Reis Motion Unanimously Carried The next meeting of the Town Board will be March 7, 1988. The Planning Board forwarded Notices of Negative Declaration on Lawrence Farms, TEG Federal Credit Union, Kablaoui Subdivision, Ceramic Tile Subdivision and Sage Subdivision. MR. REIS moved to accept the Notices of Negative Declaration and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Notification was received from the Planning Board that they had selected Peter Howell to serve as Vice -Chairman for 1988. MRS. PAINO moved to forward a letter to Bill Parsons thanking him for his services to the Planning Board as Vice -Chairman and a letter of congratulations be sent to Pete Howell on his appointment to that position. Seconded by Mr. Farina Motion Unanimously Carried 45 Committee Reports --- Neither Mr. Valdati nor Mr. Reis had reports for this meeting. Mr. Farina, Cablevision, asked that the following letter be read into the Minutes of this Meeting: January 29, 1988 Dear Supervisor Paino: This letter is in response to the questions and concerns that some public officials have expressed over our recent programming additions and changes and in response to the "letters to the editor" you may have seen in some of the area newspapers. First, it is important to understand that U. S. Cablevision provides two levels of basic service, and just what these levels of service consist of: Our basic service is just that; the most basic, lowest priced tier of service. Basic consists of cable channels 2 thru 13 with the exception of Home Box Office which is the only premium service available to basic (only) subscribers. Basic currently includes the two most popular satellite services: ESPN and CNN which appear on cable channels 3 and 10 respectively. We also provide our own locally produced news and sports programming on cable channel 6. This basic service is priced at $13.00 per month for the first residential outlet. The expanded basic service provides additional cable channels above 13 and also gives the subscriber the option to subscribe to and receive premium services such as SHowtime, Cinemax, Sports - channel, and The Disney Channel. This is the service tier to which we recently added 5 additional channels and includes an addressable cable television converter with wireless remote control. This optional tier is priced at $4.50 additional for the first outlet. Over the past several years the proliferation of so called "cable ready" TV sets and VCRs and the sale of cable TV converter boxes, some of which also enable the reception of our premium services, have allowed some basic (only) subscribers to access our expanded basic service channels without authorization or payment. This is not fair to those subscribers who are paying for these expanded services nor fair to the cable programmers and copyright owners who are very concerned that their programming and other creative properties are being used and viewed without payment or authorization. Scrambling signals is a way to make sure that only those subscribers that are authorized and paying for the expanded service and/or premium services are receiving those services and that the cable programmers and copyright owners are properly compensated for their work. We do have a legal obligation to secure these services to prevent unauthorized reception and we can be held legally accountable to the copyright owners for allowing indis- criminate use of their product. Under the Cable Communications Policy Act of 1984, U.S. Cablevision is perfectly within its' rights to retier, reprice and/or secure its' channels at any time we feel it is in our best business interest. We are under no obligation to offer any channels for free to people with cable ready televisions. If the TV dealer that sold a cable ready TV set or the mail order establishment that sold cable converters indicated that these would allow the owner to indefinitely pick up additional channels for free, you cannot blame us. Our business is to provide the public with the best product possible. If we continue to operate without scrambling our services, then our ability to do this would be jeopardized just as a jewelry store could not operate if it left its' back doors unlocked at night. We have answered the public demand for more programming by 46 adding five additional channels to the expanded basic tier. The response from our expended basic subscribers has been overwhelmingly positive. However, those (basic only) subscribers who have been receiving expanded basic channels via cable ready TV sets or unauthorized cable converters now are critical of our operation because we have secured these new channels. We also scrambled the Arts and Entertainment and Nickelodeon channels and notified our subscribers of our intention to scramble other expanded basic channels. Because of the overwhelming demand from the community for converters, the scrambling of additional channels will be delayed until all converter requests are fulfilled. This will insure that no subscriber is denied access to these channels because a converter is not available. We could of course provide everything to everybody, but that would mean the elimination of the basic (only) service. We feel our two tier approach is in the subscriber's best interest. It allows those that want a basic "economy" type of service to pay less than they would if we only had one level of service. Our expanded basic service with its' wider range of programming is an excellent family entertainment package, reasonably priced. I apologize for any inconvenience that these phone calls and letters may have created. I would appreciate knowing the names of each of these individuals so that I can personally contact them to fully explain our position. s/ Howard Erichsen, Reg. Mgr.U.S. Cablevision Mr. Farina stated that he had received a lot of complaints on this cable problem and he assumed the other Councilpeople have, also. There have also been letters to the editor in both the Poughkeepsie Journal and the Southern Dutchess News. He referred to paragraph 7 in the above letter, noting that this is the tone of business between the Cable Committee and U.S. Cablevision. They just keep throwing back at us the fact that the Cable Commission Policy Act of 1984 allows them to do just about anything they want. Charles Cortellino, Chairman of the Cable Committee had researched and found that the three other more years. companies to a better deal than FCC will not review these regulations for about He spoke with Attorney Thomas Wood about contacting service the Town but the problem is one can offer the other by adding more channels to the package, however the day after the franchise is signed, they can cancel their offer and go back to one channel if they want to; we have no control 160 at all. The biggest complaint of all, Mr. Farina interjected is that the converter box renders the VCRs almost useless. Barbara Gutzler suggested that the residents and the Town Board and/or the Cable Committee begin to consider a lobbying effort to get the regulations changed. The problem is, as Mr. Cortellino mentioned previously, the FCC will not review these regulations for three years. Mrs. Paino added that at the last Town Board meeting the Attorney was requested to investigate what the Town can do to help the residents in the present situation with cable TV. 47 Constance Smith attended a Dial -a -Ride meeting at which time they set policies for drivers, also discussed was a new temporary telephone number from now to October due to problems with the former bus company. the number is 485-4690. If any riders are going to Vassar Hospital there is a new program, "65+", which they should be informed they can use. She was not aware that the senior citizens do not meet here, they meet in Zion Church in the Village; she therefore wrote to them to inform them of these facts. Resolutions --- An appointment to the Planning Board to fill the vacancy created by the resignation of Victor Fanuele, was tabled at the last meeting, and now placed before the Board for their consideration. The Planning Board Chairman requested that this be tabled again since no recommendation was ready due to cancellation of their meeting last Monday night because of inclimate weather. MRS. PAINO moved to table consideration of an appointment to the Planning Board. Seconded by Mr. Farina Motion Unanimously Carried The next matter was an appointment to the Board of Architectural Review, also tabled from the last meeting. Mrs. Paino had discussed the appointment with the Chairman of that Board, Richard Cirulli, who indicated that he knows of an individual interested in that position and will arrange to have this person meet with the Board at their next work shop meeting. MRS. PAINO moved to table this appointment to the Board of Architectural Review. Seconded by Mr. Reis Motion Unanimously Carried The appointment of a Town Historian was tabled pending submission of a resume from Brenda Von Burg, who had been recommended by Councilwoman Smith; resumes from other interested individuals were welcome, also. Mrs. Von Burg forwarded a resume to the Town Clerk, however, Mrs. Paino preferred to table the appointment in the event someone in the Town was interested in the position. Since it is for the Town Historian, she felt, if possible, the person should be a Town resident rather than a Village resident. MRS. PAINO moved to table the appointment of the Town Historian. Seconded by Mr. Reis Motion Unanimously Carried 48 The term of office for Charles Cortellino, member of the Zoning Board of Appeals expires this day and the matter was placed before the Board for their consideration. Mr. Valdati moved to reappoint (Oprles Cortellino to the Zoning Board of Appeals. Seconded by Mrs. Smith Roll Call Vote: Mr. Farina Nay Mr. Reis Nay Mrs. Smith Aye Mr. Valdati Aye Mrs. Paino Nay Motion Defeated The following resolution was offered by COUNCILMAN FARINA who moved its adoption: RESOLVED, that ALAN C. LEHIGH be and he hereby is appointed as a member of the Town of Wappinger Zoning Board of Appeals to fill the vacancy caused by the expiration of the term of Charles Cortellino, and BE IT FURTHER RESOLVED, that the said Alan C. Lehigh shall serve on the Zoning Board of Appeals for a five year term which shall expire February 1st, 1993. Seconded by: Supervisor Paino Roll Call Vote: Councilman Farina Aye Councilman Reis Ave Councilwoman Smith Aye Councilman Valdati Nay Supervisor Paino Aye Resolution Duly Adopted Prior to the vote on this motion dissension was strongly expressed by interested people in the audience, among them, present members of the Zoning Board of Appeals, including Michael Hirkala who spoke on the previous actions taken by the Board to table appointments pending recommendations of the respective Boards. What, if any communication was received from the ZBA Board or Chairman regarding this appointment. Mrs. Paino explained that she had heard from the Chairman of the Planning Board, Mr. Hawksley, and the Chairman of the Architectural Review Board, Mr. Cirulli, stating that they did have individulals interested in serving on their Boards. The phone 49 call she had from the Chairman of the ZBA, Mr. Brooker, it was stated by him that he felt Mr. Lehigh would be a good choice for that Board. Mr. Hirkala added that this Chairman was only on the Board for six months. It had been pointed out previously when Mr. Valdati objected to the appointment due to the lack of a resume, that Mr. Lehigh's resume was forwarded to the Board in December. Mr. Hirkala could not understand that a resume was received in December for a position that would be vacant in February. Mr. Cortellino admitted that he was not notified that there would be a change and this caused Mr. Hirkala to express his opinion that they were slapping someone in the face who had devoted many many years of service to the Board. He was a good faithful servant and was being stepped on for no reason at all. Mrs. Smith interjected the fact that Mr. Lehigh's resume was received in December, true, however, there was no indication what position it was intended for, no mention was made for the ZBA or any other Board. Mr. Incoronato pointed out that Mr. Cortellino was the ranking member of the ZBA at this time and had served on other committees as well. Alberta Roe, another member of the ZBA was appreciative of the help Mr. Cortellino had given her when she became a member. Mrs. Smith suggested that the action be tabled to give them an opportunity to obtain more information on the individual, however Mrs. Paino felt it was important to fill this slot. It was also brought up that out of the four members presently on the ZBA one is a brand new member and the Chairman is a member of less than six months; it's common knowledge that a background of zoning is needed, so having four members rather than five for an interim time will make no difference. Mrs. Paino strongly felt that the present Zoning Administrator has a good background in this field and is well versed in planning and zoning on local, county and state level and his input for both Boards has been extremely significant in helping the Town in the direction they are moving in. All new members will have an advantage with his knowledge and guidance. The discussion continued with a question from Mr. Kosowski on why one individual was being chosen over another; Mrs. Paino stressed a change, new blood, new input, this is the most significant reason. At this point she felt all had had their say, but recognized Mr. Cortellino who had a few comments to make about new blood, and defended his voting record over the years noting that his vote on an issue was defended in court 50 in the majority of cases. Councilman Valdati added his opinion which concurred with previous ones stated in that 60% of the ZBA were new giving no continuity to the functions of the Board. It seemed unwise to change membership totally and leave this Board in a position where they were in a learning process especially at a time when they were undertaken important changes in zoning revisions. The roll call vote was taken and Mrs. Smith was hesitant in that she really wanted to vote for Mr. Cortellino for his experience, but since the resolution was for Mr. Lehigh's appointment, she would vote for him although she felt it was a different set of rules for everything under consideration. She was concerned and thought she thought they should have a positive procedure to follow and stick to it; the way these actions were being handled didn't look good for them as Board Members. MRS. PAINO moved to forward a letter to Charles Cortellino thanking him for his service to the Town as a member of the Zoning Board of Appeals. Seconded by Mr. Reis Motion Unanimously Carried Attorney William Crane forwarded proposed Consent Orders settling the Gatewhite Assocs. and the Parkwood Assoc Tax Certiorari. The Attorney recommended that the Town Board approve the enclosed resolutions to settle the cases. Mr. Farina preferred to have a letter from the Assessor recommending settlement of these actions. MR. FARINA moved to table action on the Consent Orders from Mr. Crane pending written recommendation from the Town Assessor. Seconded by Mrs. Paino Motion Unanimously Carried The following proposed Local Law was introduced by COUNCILMAN FARINA: LOCAL LAW.",REGULATING PARKING. ON KENT ROAD IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as foll®ws: SECTION 1. LEGISLATIVE INTENT It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger, to restrict parking on certain parts of Kent Road in the Town of Wappinger so as to prevent any obstruction to the normal and regular flow of traffic along Kent Road. 51 SECTION 2. PARKING RESTRICTED There shall be no parking on the south side of Kent Road from its intersection with Baldwin Drive and its intersection with All Angels Hill Road. SECTION 3. SIGNS The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be no parking in the above designated area. SECTION 4. VIOLATIONS The owner of any vehicle which is found to be parked in a "no parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. SECTION 5. EFFECTIVE DATE This Law shall take effect immediately upon its filing with the Secretary of State of the State of New York. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 1st day of February, 1988, a proposed Local Law Regulating Parking on Kent Road in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 7th day of March, 1988 at 7:00 P.M. on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays The next item on the Agenda, the consideration of a proposed Local Law on interim zoning. This is a result of discussions at the Growth Management Committee; they are now at a point of reviewing the zoning ordinance and the Planners from Dutchess County who are assisting the Town on the projects have asked the Committee to consider what they plan to do in the interim which probably will be a period of several months. At a work shop last week, the Board, Attorney and Zoning Administrator reviewed a proposal of intermim zoning prepared by these officials. During this time all zoning in the Town, both residential and commercial, will be upzoned, i.e. R-20 will go to R-40, acre will become 1 acre, with a cap on 2 acre which will remain the same. 52 The following proposed Local Law was introduced by SUPERVISOR PAINO: A Local Law Regulating for an Interim Period the Issuance of Building Permits and Approval of Subdivision Plats and Site Plans 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 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. 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, intends to prepare and adopt an updated master plan. 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. This procedure will lead to the creation and adoption of a revised master plan and the preparation adoption of necessary amendments to the zoning ordinances and subdivision regulations of the Town of Wappinger to implement such plan. The necessary completion of research studies, surveys and rewriting and adoption of the existing master plan is expected to take nine (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 and subdivision regulations, that appropriate and statutory measures must be taken during this period to protect the public interest by preserving the integrity of the proposed revised master plan. 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 afford- able housing, and the rapid escalation in land values. Pursuant to authority duly vested in it, it is the intention of the Town Board to protectsaid master plan and to preserve its intended objectives and insure implementation by hereby adopting reasonable protective interim regulations during preparation and consideration of the aforesaid master plan and prospective changes in the zoning ordinance and subdivision regulations, 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. This interim zoning legislation to amend existing zoning laws in the Town of Wappinger to add one acre to the minimum lot size required in each residential district and business with all require- ments of the new zoning designation(in the new zoning designation) in the present laws to apply as is more specifically set forth in Section 421 and 422 as amended herein. The Town Board further has provided herein for a review and appeals procedure to avoid or minimize any inequities or hardships that may result from the strict application of these regulations. III. AMENDMENTS TO CHAPTER 66 AND THE SUBDIVISION REGULATIONS OF THE TOWN OF WAPPINGER. A. Section 421 and 422 entitled "Schedule Establishing Standards" of the Town of Wappinger is amended as set forth in the following table: 53 TABLE S 421 (of existing Ordinance) S 422 ( of existing Ordinance) Lot Designation Square Footage PIIA 2 Acres R 10 20,000 PIIA 4 Acres R 15 30,000 ORIA 2 Acres R 20 40,000 HBIA 2 Acres R 40 80,000 HB2A 4 Acres GB 45,000 sq. ft. NB 1 Acre (40,000) 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, provided that a "final approval" resolution is adopted by the Planning Board within 18 days of the effective date of this law. 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 of the Town of Wappinger adopted March 10, 1980 shall be deemed amended accordingly. E. This law shall expire nine (9) months from the date of adoption. 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 completed application have 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. 3. Building permits shall be issued in accordance with the pre-existing zoning standards for lots with subdivision plats that received final approval after March 10, 1980, as defined by Subdivision Regulations of the Town of Wappinger of the Code of the Town of Wappinger and filed in the office of the County Clerk, prior to the effective date of this local law. V. APPEAL PROVISIONS A. The Zoning Board of Appeals shall have to power to vary or modify the provisions of this local law upon its determination, that such modification is consistent with the health, safety, and general welfare of the Town. 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 penalties as otherwise provided by law or ordinance of the Town of Wappinger for such violation. VII. VALIDITY The invalidity of any work, 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 suspended to the extent 54 necessary to give this local law full force and effect during the effective period. IV. EFFECTIVE DATE This local law shall take effect imediately, upon filing with the Secretary of State. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the lst day of February, 1988, a proposed Local Law Entitled the Intermim Zoning Law, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 7th day of March 1988, at 7:05 P.M., on such day, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Mr. Valdati requested that discussion on this local law be scheduled at a work shop meeting prior to the public hearing. The proposed Local Law was distributed to the Board Members at the end of their previous work shop thus not allowing them the opportunity to discuss it and review it between themselves. Mrs. Paino set the work shop meeting for Thursday, March 3, 1988 at 7:30 P.M. with the Board, the Attorney and the Zoning Administrator. The contracts for Soccer and Little League were approved and required authorization for the Supervisor to sign the contracts. MR. REIS authorized the Supervisor to sign the Soccer and the Little League Contract. Seconded by Mr. Farina Motion Unanimously Carried 55 A proposed Amendment to the Subdivision Regulations regarding House Enumeration was placed before the Board for their consideration. This was prompted by concerns of service organizations including fire companies, ambulance companies, etc. who have difficulty finding homes where there is an emergency but no numbers have been designated. This will require developers to number the homes they are building and it will become part of the Subdivision Regulations. Mrs. Paino authorized the Attorney to prepare the necessary resolution for a public hearing on the Amendment. MRS. PAINO moved to set a Public Hearing on the Amendment to the Subdivision Regulations for April 4th, 1988 at 7:15 P.M. at the Town Hall to hear all interested persons. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to table the Resolution Setting Billing Standards for Richard Mayo, Tenant to Mid -Point Water and Sewer District. Seconded by Mr. Reis Motion Unanimously Carried Approval for the renewal of a lease with CATV for existing Satellite Dish at Hilltop Water District was placed before the Board. The Attorney recommended tabling this matter in view of the existing problems with the cable company. MR. REIS moved to table the renewal of the CATV lease pending further resolution of the problems. Seconded by Mr. Farina Motion Unanimously Carried Going back to the Local Law on Interim Zoning, the Town Clerk noted that the Zoning Administrator had submitted a full Environmental Assessment Form on this Law. MRS. PAINO moved to accept the full Environmental Assessment Form on the Local Law for Interim Zoning and designate the Town Board of the Town of Wappinger, Lead Agency pursuant to SEQR regulations. Seconded by Mr. Reis Motion Unanimously Carried L 56 Unfinished Business -- Mrs. Paino reported that the Town Board had a work shop meeting with representatives of the New York State Department of Transportation last week and discussed the proposed Route 9 widening thru the Town. It is anticipated that contracts will be let out in April and probably within 45 days from then, construction will start. A new bridge will be constructed to the immediate west of the present one; it will be higher and will be four lanes. They have agreed to position the 160 bridge in the location where there will be the least amount of impact and also plan on dredging in that area to relieve it some of the sediment which is causing the thick growth living in the Lake. They also discussed their request for Town Board approval to place 70 street lights starting at the bridge down beyond the Myers Corners Road intersection. MRS. PAINO moved to authorize New York State Department of Transporta- tion to place 70 street lights on Route 9. Seconded by Mr. Farina Motion Unanimously Carried Another item discussed was the placement of sidewalks from Liss Road through Brookside Gardens Apartment Complex. The Attorney has indicated that the sidewalks will be physically in the Town, however the Village residents will benefit from them. MRS. PAINO moved to forward a letter to the Village of Wappingers Falls Board indicating that the Town Board will ask the D.O.T. to construct the sidewalk from Liss Road through Brookside Gardens, provided the Village forwards us a resolution requesting that we take this action and a second resolution from the Village Board and any other necessary legal document stating that the Village Board will accept the respon- sibility of maintaining these sidewalks and any related liability. Seconded by Mr. Farina Motion Unanimously Carried The third item discussed was bus depots; two will be placed along Route 9 outside the entrance to the Wappinger Plaza, the other directly across the street on the west side and a walkway is planned for pedestrians. MRS. PAINO moved to authorize the New York State Department of Transpor- tion to place the bus depots in the specified locations and copy Roger Akeley, Commissioner of Dutchess County Planning, who will be planning 57 and placing these shelters. Seconded by Mr. Farina Motion Unanimously Carried Mr. Incoronato brought up the point that the work is being planned for Route 9, however, they haven't completed the work they promised for Route 9D, that being a traffic light requested a few years ago at the Baxtertown/Chelsea/Route 9D intersection. Mr. Reis had been in contact with the pertinent department on this and was advised that the installation of a light at that location was approved but each year the money gets bumped. On another matter he noted that Lloyd's would soon be opening, the median was closed and the light installed at Smithtown Road, as required, however they have not put in a buffer zone of trees. The Zoning Administrator noted that they have an escrow account with the builder and as soon as the weather conditions permit, they will plant the buffer of trees. New Business --- Mr. Valdati had an item to share with the Board and the residents, noting that he finds that government does its greatest work when citizens are involved with the elected officials. Along these lines he did research and suggested that our Town Board meetings be televised on a local cable network. It would be educational and also familiarize our residents with the functions and accomplishments of their Town Board. He asked for support and aid, if needed, to prepare a presentation for the Board's consideration at a future date. Mrs. Paino had no problem with this suggestion if he could arrange it. When she first took office she had a discussion with both cable TV companies and although they were interested, it appeared they were very understaffed for the Towns that they were already televising. She felt it would be a find idea as long as the company didn't charge the residents extra for viewing it. Mr. Farina noted that in the Cable Communications Policy Act of 1984, one of the benefits they do provide is the right of government access to the cable system, however, Mr. Cortellino pointed out that government access doesn't always provide that the company comes to you to televise, it could be that you must go to them; that's what you have to watch out for. Mr. Kosowski made reference to a radio announcement today regarding a developer in the Town suggesting a joint effort between this Town 58 and himself with regard to water. He asked the Town Board if they were aware of this. Mrs. Paino said the Town Board did receive a letter from Mr. Rosenberg but he was not proposing any kind of joint effort regarding water. He talked about donating some land to the Town although he didn't mention how much land or if there were any strings attached to his offer. Two journalists contacted Mrs. Paino and her reaction was to accept any land donated to the Town to expand the green belt or open spaces and as far as placing a water treatment plant in that area, it was recommended in the Brinnier and Larios report that the plant be placed in the vicinity of Wheeler Hill Road which is highly elevated. The letter came in too late to be on the agenda for this meeting, but it will be discussed at the next Town Board meeting. Mr. Incoronato was recognized by the Chair and noted that David L'Heureux, a reporter from the Poughkeepsie Journal had informed him that he spoke with Edward Shadder, Deputy Director of New York City's Bureau of Water Supply who wrote an article on January 10, 1988, indicating that the New York City officials have not,made any firm decision regarding a Dutchess municipality tapping into the Delaware Aquaduct; the matter is in the hands of the corporation counsel for a legal opinion. His question now was, does the Town have the legal right to go into that tap or don't we. Mrs. aino informed him that a meeting will be set up sometime within the next two weeks in New York City with their representatives, the Town Board and the Town Engineer for more discussion on the status of the application. This is the time that the Town Board will be in New York City for the Association of Towns meeting, so they will not have to make another trip. Mr. Reis added that it is true, a decision has not been made and he and the Supervisor were told when they first met with them that they would seek a legal opinion on this. He feels that we do have the right, so they will pursue it and meet with them and see if a decision has been made. Mr. Cortellino was recognized by the Chair and suggested that the Town Board request the Attorney and the Engineer to check into the feasibility of a municipally owned cable network. What would it cost us to buy those existing lines. The Recreation Commission money could be used and they can make a profit; there are other municipalities that own the cable system. The Attorney had been previously requested 59 to research other avenues for cable service, so this is another one he can take a look at. Mr. Farina commented that the Association of Towns Meeting will be prior to the next Town Board meeting and went on to explain that part of the activity of this Meeting is to act as a lobby group to the state and federal government. He, acting as Delegate from the Town of Wappinger, and other delegates will be addressing items of interest to their residents and one of them will be to try to get the state to assume some responsibility to support the local effort to address the enormous solid waste problem. The State Department of Environmental Conservation has imposed many restrictions on the handling of solid wastes by the municipalities, which include landfill operations and their closings. They have mandated the procedure to close landfills which is an expensive one, but they seem to forget it takes money to do this and they are not offering any. The position of the Association is not that they oppose the D.E.C. trying to clean up the environment, but rather, that the state says reach into your taxpayers' pockets and clean up their surroundings. Another issue is one he brought up at the last meeting regarding reimbursement for sewer treatment plant operations. All of the towns in the State of New York will be lobbying Albany to reaffirm their commitment to local governments to restore the level of 33% reimbursement for this purpose. There are other items to be discussed at the meeting but Mr. Farina felt these two were of interest to the residents of this community. There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 8:52 P.M. Reg. Mtg. 2/1/88 Elaine H. Snowden Town Clerk