Loading...
1987-04-06 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING APRIL 6, 1987 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES March 16, 1987 4. REPORTS OF OFFICERS: Sup/Compt. for March Receiver of Taxes .(Feb) Town Justices Hydrant Report 5. PETITIONS & COMMUNICATIONS a. J. Paggi, Eng. to Town, re: Creek Rd. Bridge Replacement (by Co.) b. Ping. Bd. Memo re: New Kingdom Hall - All Angels - Special Insp. fees c. Egils Zarins, Russell Rd., re: drainage problems in conjunctior. with issuance of bldg. permit for an adjacent lot d. Ping. Bd. Memo re: Special Use permits 6. COMMITTEE REPORTS 7 RESOLUTIONS a. Consider adoption of L.L. Flood Plain Management b. Consider adoption Various Zoning Ordinance Amendments c. Authorization re: Personnel Negotioations settlement d. Application for Hawking & Peddling Lic. - John P. Ianni, Jr. e. Consider introduction of Local Law re: Forestry Practices f. Justice Court requests Temp. transfer of funds re: DWI Funds ($1,000) g. Authorize Supervisor to contact State Legislators re: Special Legislation to form Ambulance District h. Authorize Eng. to town to dig test wells at Chelsea Landfill site 8. UNFINISHED BUSINESS a. Gabriel Ponte response to buses at Fairchild property b. Jas. Spratt response to corr. on Guard Rail problem at 32 Middlebush rd. 9. NEW BUSINESS 10. ADJOURNMENT Reminder: Public Hearings start at 7:00 P.M. L 88 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 6th, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:30 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Superintendent of Highways 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. Mrs. Paino welcomed two Boy Scouts from Troop #26 who were attending this meeting to learn about their local government which was required to earn a badge. The Minutes of the March 16th, 1987 Regular Bimonthly Meeting, having previously been forwarded to all Board Members, were now placed before them for their consideration. MR. FARINA moved that the Minutes of the March 16th, 1987 Regular Bimontly Meeting be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Valdati Motion Unanimously Carried Reports were received for the month of March from the Supervisor/ Comptroller, Town Justices, Zoning Administrator and Hydrant Report, Olire also the Receiver of Taxes for February. MR. FARINA moved to accept the above stated Reports and place them on file. Seconded by Mrs. Visconti Motion Unanimously Carried Petitions & Communications --- A report was received from the Engineer regarding the Creek Road Bridge Replacement Permanent Easement/Option. He had no problem with the easement but recommended that if the County ever exercises 89 its option, that the area be described by metes and bounds and monumented. MR. FARINA moved to authorize the Supervisor to sign the option with the County on the Creek Road Bridge Replacement, contingent upon them providing the metes and bounds description. Seconded by Mr. Reis Motion Unanimously Carried A Memo was received from the Zoning Administrator recommending that a special inspection fee be set for the New Kingdom Hall being constructed by the Jehovah's Witnesses on All Angels Hill Road. The reason for this special fee is due to the fact that they plan to complete the major portion of the construction on the weekend of June 12th, 13th and 14th, 1987 and will require the services of the Building Inspector and the Zoning Administrator on that weekend. MRS. PAINO moved to forward a letter to Jehovah's Witnesses informing them that a special inspection fee will be set at a later date and they will be notified of the amount of the fee. Seconded by Mr. Reis Motion Unanimously Carried Mr. Egils Zarins, 6 Russell Road wrote to the Town Board requesting that no building permit be issued for the property adjacent to his until the drainage problem is corrected. He explained the potential problem which he felt could be corrected if the Town installed a storm drain system which he understood was proposed to the Town by the Engineer to the Town. If the storm drain system was installed or other corrective action was taken, he would have no objection to a house being built on this lot. This correspondence was copied to the Building Inspector, the Zoning Administrator and the Engineer to the Town. Mr. Paggi reported that he had visited this site and a report will be forthcoming; he agreed with Mr. Zarins that there is a problem on that property. MRS. PAINO moved to send a letter to Mr. Zarins informing him that the pertinent agencies have been notified of this situation, the Engineer concurs with his concern and corrective action will be taken at such time when an application is submitted for that property. Seconded by Mr. Reis Motion Unanimously Carried 90 The following Memo was received from the Planning Board regarding Special Use Permits: Date: March 12th, 1987 Subject: Special Use Permits Re: Jennifer Van Tuyl's Memo of 2/20/87 Following a discussion at the March 9th, 1987 meeting of the Planning Board, it was recommended that the Planning Board handle a Special Use Permit which requires approval of a site plan, and that the Zoning Board of Appeals would issue all 16, other Special Use Permits. Mrs. Paino explained that the Town Board had a joint meeting with the Zoning Board of Appeals and the Planning Board and both Chairmen indicated they would like to streamline the process of issuing Special Use Permits. It was agreed that by transferring some of the authorization of Special Use Permits from the Zoning Board of Appeals to the Planning Board, it would expedite the process. The Attorney indicated that a resolution from the Town Board was required to transfer authorization. MR. Farina moved to authorize the Planning Board to process Special Use Permits that require approval of a site plan and all other applications for Special Use Permits will be processed by the Zoning Board of Appeals. Seconded by: Mr. Reis Roll Call Vote: 5 Nays 0 Ayes Motion Defeated Prior to the vote on this motion, Michael Hirkala, member of the Zoning Board of Appeals was recognized by the Chair and stated that the Town Board was way off base on this action. At a joint meeting with the Chairmen of the Planning Board and the Zoning Board of Appeals, the action that the Town Board was considering was not agreed upon. There was a question on whether they should go that way or whether there should be a change in the way these applications were being handled. He felt the Zoning Administrator would agree with him. Mr. Hawksley, Chairman of the Planning Board differed with these comments and noted that at the meeting Mr. Hirkala was referring to the agreement was that if a site plan was submitted to the Planning Board, they would do site plan review and forward it to the ZBA with their recommendation relating to the Special Use Permit and let the ZBA issue the permit. The motion that the Town Board is considering 91 came about as a result of the joint meeting between the ZBA and the Planning Board at which time there was a discussion on_iightening the work load and streamline the procedure. At that meeting, it was agreed this was the best way to do it and the memo was sent to the Town Board with the recommendation. He felt it was now up to the Town Board to decide which way they should go. Mr. Hirkala countered that the problem is not by whom these permits should be issued, but rather the procedures they have been following in the past. The applicant feels that he goes back and forth like a yo-yo between the two boards. It was his understanding that the procedure would be changed so that the normal review and site plan would be combined and it would then go tv the ZBA prior to final approval and site plan. Mr. Hawksley had no objection or concern as to where the authority rests to grant the Special Use Permits as long as it streamlines the process of approving or disapproving it. As far as the legalities go it is legal for either Board to grant these permits or even to split it between the two Boards, it is strictly a local preference. Mrs. Paino noted that the memo from Attorney on this matter was exactly as Mr. Hawksley had said ---it is legal for one Board or either Board to issue the permits and our neighboring towns vary their procedures. During the discussion that followed, it was evident that further review was needed to determine the procedure they would follow; the roll call vote was taken and the Board Members all voted against this motion for the purpose of further discussion with the Zoning Board of Appeals, the Planning Board and the Zoning Administrator. A late communication was received from the Zoning Administrator requesting permission to attend the New York State Land Use Seminar on April 10, 1987, at no expense to the Town. MR. FARINA moved to approve the request from the Zoning Administrator to attend the Seminar on April 10, 1987. Seconded by Mrs. Visconti Motion Unanimously Carried L 92 Committee Reports --- Mr. Valdati, Library Committee, reported that he had contacted Mrs. Bell of the Grinnell Library in order to establish a rapport with the Town Board. In order to publicize the Library, she has requested that we post a directional sign within the Town and close to the Village boundaries. Mr. Croshier suggested that this sign be placecion Route 9D. Mrs. Bell would also like the Town to provide the Library with material on major public works being considered by the Town such as the "Wastewater Treatment Facility Plan". It was his recommendation that we contact Mrs. Bell informing her of such projects and providing her with the material that would be of interest to the community. Neither Mr. Reis nor Mr. Farina had reports for this meeting. Mrs. Visconti reported on the Special Advisory Task Force relating to the Dutchess County Airport, to which she and Donald McMillen had recently been appointed. At a recent meeting they discussed the subjects they will be addressing which included a long term policy for the airport, its purpose, the master plan and safety issues. The next meeting will be Thursday, April 16, 1987. Mrs. Paino recognized three Wappinger County Legislators and invited them to report on County activities. Don McMillen reported that a resolution will be before the Legislature authorizing the Parks Commissioner to apply to New York State for a grant to finance a proposed marina at Bowdoin Park. This is in the master plan, however, Mr. McMillen does not feel they are ready to apply for these funds at the present time. There is no access to a marina ---they would have to construct a bridge over Conrail lines and a road down to it, then there's a parking problem. This requires more study prior to applying for funds. The second resolution relates to sponsoring a study for a swimming pool; the Town of Poughkeepsie was considering buying the Alpha -Laval property and if this materialized, the County proposed the possibility of constructing a swimming pool in the manufacturing section of Alpha -Laval building, however, a news release on Friday stated that the Town of Poughkeepsie is not interested in the property, so this resolution will no doubt, be voted down. Other resolutions included purchasing permanent easements relating to construction of bridge at Creek Rd.; the purchase of 65 acres at Hudson River Psychiatric Center, price of $230,000, one half 93 of which will be paid by the state and considering plans to move day care center to that location to help the college student parents; resolution on adoption of directions on new master plan will probably not be passed at the April meeting as there are several pages to review. The final item Mr. McMillen reported on was dog license fees from the County to the Town of Wappinger in the amount of $1,452.00. Roger Higgins was recognized and stated that he came to the meeting mainly to speak on garbage, however he did have some comments on the marina and swimming pools. What concerned him was that the master plan included a marina and four swimming pools but everytime these items came up, they found an excuse not to spend the money or to put them in a different location. The marina will cost close to three million dollars and will be matched 50-50 with the State. It's a lot of money but a few years down the road the 50% may not be avail- able and if the County wanted to undertake such a project, they would be stuck with the full shot. There are very few places to keep a boat on the Hudson River and very little access to the River and this Marina would open up access for the whole County. Mr. Higgins was not in favor of the location of the Alpha -Laval property for a swimming pool, but that won't happen now. There are very few swimming facilities in Southern Dutchess and since the master plan includes swimming pools, they should spend the $11,000 for a study and locate it at Bowdoin Park; this would be ideal for the residents of Southern Dutchess. Mr. Higgins then addressed the garbage situation and reported that he had taken a ride on Creek Road to the Reese property and noted that the location was still being used as a landfill. On New Years Eve Day he spoke to Mr. Valdati about the dumping on Creek Road, on February 26, 1987 he wrote to Supervisor Paino regarding the illegal dumping at the Reese Park site and on March 18, 1987 he spoke to Mr. Valdati again. As of this date, the situation is twice as bad and when it is cleaned, it will take two or three dump truck loads to clear the area. He added that the longer it stays there the more it will collect. Mr. Valdati agreed with the facts presented by Mr. Higgins and noted that one of his first functions as Councilman was to address the situation of the illegal dumping at Creek Road and the Reese 94 Park property. He had also contacted Mr. Croshier at his home and requested that he clear this property. At that time the trucks could not enter the area due to the accumulation of snow, but he intended to remove all the debris as soon as it was passable. Mr. Valdati mentioned that Old Route 9 and Middlebush Road was getting its share of dumping and requested Mr. Croshier to clear that area also. Mr. Croshier commented that the County and State should do their share and clean their roads. Mrs. Paino commented that no one wants to see dumping in their area and if it is a Town Road, our Highway Superintendent takes care of it. Since the County Legislators were present Mrs. Paino asked that they prevail upon Commissioner Spratt to clean up the County roads. It was also recommended that they contact the New York State Department of Transportation to clean the state roads. Resolutions --- A Public Hearing having been held on April 6th, 1987 on a proposed Local Law Enacting New Regulations on Flood Damage Prevention and the Repeal of Local Law #4 of 1979 Entitled Flood Damage Prevention, the matter was placed before the Town Board for their consideration. MR. REIS moved to adopt Local Law #10 of 1987 as follows: (Local Law is attached hereto and made part thereof of the Minutes of this Meeting) Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held on April 6th, 1987 on various Amendments to the Zoning Ordinance, the matter was now placed before the Town Board for their consideration. Mrs. Paino noted that the new Zoning Administrator had some concerns on a new Section 415.4 regarding Satellite Dish Antennas. It was her recommendation. to table action on Section 415.4, Satellite Dish Antennas and place it on the next agenda for the Board's consideration. The following Amendments to the Zoning Ordinance were offered by COUNCILMAN FARINA who moved its adoption: BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of the State of New YOrk as follows: 95 Section 1. The Town of Wappinger Zoning Ordinance adopted March 10, 1980, and amended from time to time is further amended as follows: 1. Zoning Ordinance Amendment No. 1 Section 450.23 "Additional Required Information" is hereby amended by adding two new subdivisions as follows: 450.244 The applicant shall provide floor plans, at a scale satisfactory to the Planning Board, of any proposed building. Said plans shall clearly indicate the intended use of all interior space in any proposed building. 450.245 The applicant must include an Environmental Assessment Form (E.A.F.) and any other necessary documentation to comply with S.E.Q.R.A. and Local Law #2 of 1977. No application shall be deemed complete until a determination of significance has been made or until a draft environmental impact statement (E.I.S.) has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. 2. Zoning Ordinance Amendment No. 2 Section 450.3 of the Zoning Ordinance entitled "Referral of Application to Planning Board" is hereby amended to read as follows: Section 450.3 Referral of Application to Planning Board Upon receipt of an application as described in Section 450.2, above, the Zoning Administrator shall determine whether or not it conforms to the basic requirements of this ordinance. If such conformance is determined, the Zoning Administrator shall refer copies of the application to the appropriate Town, County and State officials, departments and agencies for their review and comment and shall allow a thirty (30) day period for the receipt of their recommendations. At the end of the thirty (30) day review period, the Zoning Administrator shall submit a report containing these recommendations to the Planning Board, together with the subject application. The applicant shall be provided with a copy of the report and recommendations at least five (5) days in advance of the Planning Board meeting at which it will be considered. Nothing in this section shall be construed as superceding the rights of any involved agency or member of the public to comment under an appropriate S.E.Q.R. review. The Planning Board shall act to approve, disapprove or approve with modification the proposed site plan within 45 days from the date of the public hearing or from the date the application is filed if the Board determines not to hold a public hearing. 3. Zoning Ordinance Amendment No. 3 Section 450.52 of the Zoning Ordinance entitled "Public Hearing for Site Development Plan Review" is hereby amended by adding a final sentence, so that the section will read as follows: 450.52 Public Hearing for Site Development Plan Review A public hearing shall be scheduled for the review of all site development plan applications coming before the Planning Board. Public notice of such hearing shall be published in a newspaper designated by the Town, at least five (5) days before the scheduled meeting date. Additionally, all abutting and adjacent (across the street or road) property owners shall be notified by mail, by the applicant, of said hearing. The expense of such published and mailed notices shall be borne by the applicant. The Planning Board may waive the requirement for a public hearing for an amended site plan application if, in the Planning Board's judgment, the amended plan is not a significant change from the approved site development plan. 4. Zoning Ordinance Amendment No. 4 A new Section 450.8 entitled "Site Plan Conformance" is hereby added to the Zoning Ordinance as follows: Section 450.8 Site Plan Conformance Final approval of site development shall require approval of a certified as built plan. In addition, the Building Inspector shall certify that the complete site construction complies with the originally approved plan, all amendments thereto, prior to the issuance of a Certificate of Occupancy. 5. Zoning Ordinance Amendment No. 5 Section 421 of the Zoning Ordinance entitled "Schedule of Regulations for Residential Districts" is hereby amended by deleting and omitting existing paragraph number "*18" under the "Permitted Principal Uses" category. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays The next item for the Board's consideration concerns a personnel negotiations settlement. At a prior meeting the Town Board authorized the hiring of the law firm of Plunkett and Jaffe to address a personnel situation. They have offered a recommendation based on the request of the individual in question who wishes to settle the matter and resign from the Town's employ. The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: RESOLVED, that the Town Board of the Town of Wappinger accept the settlement offered by the Attorney defending the subject individual and authorize the Supervisor to sign the settlement as set forth by Plunkett & Jaffe in this agreement. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Mr. John Ianni, Jr. applied to the Town for a Peddler's License to sell arts and crafts from door to door throughout the Town. MR. REIS moved to approve the Peddler's License for Mr. Ianni. Seconded by: Mr. Valdati Roll Call Vote: 4 Ayes Mr. Farina ---Nay %be Since the Town has had recent problems with individuals undertaking 1 logging operations in the Town, our new Zoning Administrator has forwarded to the Town Board, for their consideration, a Local Law entitled "Forestry Practices" in the Town of Wappinger to Provide for Rules and Regulations Pertaining to Timber Harvesting. MRS. PAINO moved to refer this proposed Local Law on Forestry Practices, to the Attorney to the Town, the Planning Board, the Conservation Advisory Council and the Dutchess County Department of Planning for their preliminary comments. Seconded by Mr. Reis Motion Unanimously Carried 96 97 The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the allocation of State funds for the D.W.I. Program will be delayed and WHEREAS, there is currently insufficient funds to continue with the program, NOW, BE IT RESOLVED, that the sum of $1,000.00 be and is hereby transferred from the General Fund, Town Wide, to the Special Service Fund for the D.W.I. Program, and said sum of $1,000.00 is to be reimbursed to the General Fund, Town Wide upon receipt of the County allocation of monies for this program. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays The following Resolution was offered by COUNCILMAN FARINA who moved its adoption: WHEREAS, the Town of Wappinger is presently served by the Sloper-Willen Community Ambulance Service, Inc., a not-for-profit organization composed of Volunteer and paid EMT's and Paramedics which necessarily requires a charge for Emergency Medical Treatment to Town residents, and WHEREAS, the Town Board of the Town of Wappinger deems it to be in the best interest of the Town and its residents to create an Ambulance District, and WHEREAS, in order to consider the formation of such a District, the Town Board must first request the enactment of Special Legislation by the Legislators of the State of New YOrk, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and she hereby is authorized on behalf of the Town Board of the Town of Wappinger to formally request Senator Jay P. Rolison, Jr. and Assemblyman Stephen M. Saland prepare and seek enactment of the enabling legislation in order that the Town of Wappinger Ambulance District may be established. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino reported that the Town has been placed on notice by the New York State Department of Environmental conservation that test wells will have to be placed at the Castle Point Landfill Site, prior to applying for another permit or proceeding with plans to close the landfill. A representative from the D.E.C. visited the site and observed material oozing from the ground. A report from the Engineer indicated their analysis of the situation and informed the Town Board that in various areas of the landfill, the ground water is very closed to the surface. MR. REIS moved to authorize the Engineer to the Town to place test wells at the landfill site, as mandated by the D.E.C. Seconded by Mr. Valdati Motion Unanimously Carried 98 Unfinished Business --- A response was received from Mr. Ponte, Assistant Superintendent of Wappinger Central School District, relating to our request to move the school busses from the Fairchild property to the Van Wyck Junior High School where they were previously parked. Mr. Ponte informed the Board that he has forwarded our correspondence to the newly appointed Superintendent of Schools, Dodge Watkins, and the r Board of Education for their review and consideration. Mrs. Visconti, Councilwoman for the Fourth Ward who initiated this request, noted that she would put this matter on hold for another two weeks and if no further response was received from the Superin- tendent, she would pursue the matter further. Commissioner James Spratt responded to our request for guard rails at 32 Middlebush Road as follows: March 16, 1987 Elaine H. Snowden, Town Clerk Town of Wappinger 20 Middlebush Road P.O. Box 324 Wappingers Falls, NY 12590-0324 Re: Guard Rail for Middlebush Road, County Road #93 Dear Elaine: This is to acknowledge receipt of your letter dated March 4th wherein you requested the erection of a guard rail at 32 Middlebush Road. Please be advised that this Department is very knowledgeable of the conditions along Middlebush Road in that area. We have seen no reason to erect a guard rail to protect the motorists from leaving the highway and endangering themselves by either a high embankment or some other physical obstruction along that section of highways. I am sorry I can not erect guard rails to protect the property of adjoining property owners to the highway. This has been negated by the libelous position that obstruction along highways has gained through court actions. If we erect guard rails that are unwarranted along a County road, and a vehicle hits this and a person is injured, we are sued because the guard rail was improperly placed. Based on this simple statement of fact, it is imperative that we do not put guard rails up along a highway unless we protect and redirect people back on to the highway so they do not crash down an embankment or into bridge abutments, etc. I am sorry I can not be helpful in this matter. I know it leaves the people at 32 Middlebush Road in a position of feeling unprotected. However, .the law, as established in court cases, has put us on the defensive in this matter and we can not risk the liability of the County by putting up guard rails under the circumstances you have outlined in your letter. Very truly yours, s/ James Spratt, P.E. 99 Mrs. Paino requested that a copy of this correspondence be forwarded to the residents at 32 Middlebush Road. Mr. Farina noted that after the Town accepted the roads in the Pondview Subdivision last fall, several residents requested that Stop signs be placed at various locations in that area. He had forwarded this correspondence to the Engineer and the Highway Superintendent for their recommendations. They have approved nine locations and in order to proceed with the placement of these signs, a Local Law will be required. MR. FARINA moved to authorize the Attorney to prepare a Local Law for the placement of Stop signs at various locations in the Pondview Subdivision, as recommended by the Engineer and Highway Superintendent. Seconded by Mrs. Paino Motion Unanimously Carried New Business --- Due to recent tragedies in various communities, Mr. Valdati contacted Mr. Thomas Connolly, Special Coordinator of Guidance Operations in the Wappinger School System, to help organize a special presentation for Town residents dealing with suicides and related problems. The media has succeeded in alerting parents of these situations, but instructions and ways of understanding are needed. He hopes to set up a meeting in the very near future with Mr. Connolly and both he and the Supervisor are working on this matter. Mrs. Visconti, as a resident of the Fourth Ward, noted that they do not have cablevision in that Ward. The chances of getting this service seemed very remote until she read an article in the newspaper indicating that Dutchess County Cablevision will soon be sold and the other two cable companies, Poughkeepsie Cablevision and U. S. Cablevision have agreed to serve parts of LaGrange which is considered to be "no man's land". MRS. VISCONTI moved to send a letter to Howard Erichsen, Regional Manager of U. S. Cablevision, requesting that they consider the feasibility of servicing some areas in the Town of Wappinger while they are doing this project in LaGrange. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina requested that a copy of this letter be forwarded to Charles Cortellino, Chairman of the Town's Cable Committee. In response to a press release put in the local papers by the Conservation Advisory Council in the hopes of interesting residents to join this Council, a young resident who was both interested and qualified presented himself to the Supervisor. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that Matthew Landi, be and he is hereby appointed as a member of the Town of Wappinger Conservation Advisory Council pursuant to Local Law No. 2 of 1984, and it is further RESOLVED, that the said Matthew Landi is hereby appointed to the said Conservation Advisory Council for a term which shall expire June 1st, 1988. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino received correspondence from Pete Sanfilippo, Race Director for the Dutchess County Marathon Mid -Hudson Road Runners Club, requesting the use of the recreational facilities at Robinson Lane on September 13, 1987, for the Ninth Annual Dutchess County Marathon. MRS. PAINO moved to authorize the Mid -Hudson Runners Club to utilize the facilities at Robinson Lane on September 13, 1987. Seconded by Mrs. Visconti Motion Unanimously Carried There was no other business to come before the Board. MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and unanimously carried. The meeting adjourned at 9:00 P.M. Reg. Bimonthly Mtg. 4/6/87 attML Elaine H. Snowden Town Clerk 100 A Public HEaring was held by the Town Board of the Town of Wappinger on April 6, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on Various Amendments to the Zoning Ordinance, including (Satellite Dish Antennas). Supervisor Paino opened the Hearing at 7:05 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: June Visconti, Councilwoman The Town Clerk offered for the record the Affidavits of Posting and Publication. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Paino explained that Amendments #2,3,4,5,6 were regular housekeeping changes, however Amendment #1 on Satellite Antennas is a new concept to be considered. Michael Mirsky, 25 Bell -Aire Lane, purchased a 10i foot satellite dish back in October and asked Hans Gunderud, former Zoning Administrator what would be requiiedfor him to place the satellite dish on his roof before he purchased it and was told by Mr. Gunderud that he would need a building permit. After he bought the roof mount and dish he applied for a building permit and it was denied. He had questions ---he has driven around Wappinger and noticed other dishes mounted in residential areas, located in the front yards, located above the 13 foot height and he's wondering what happens to these people. Mrs. Pain)responded that any one who had the satellite dish in place prior to the adoption of this amendment would go under the "grandfather" clause. If Mr. Mirsky's satellite dish has been mounted he would be in that category. There were no comments made either for or against these Amendments. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Public Hearing closed at 7:11 P.M. acu-e Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON AMENDMENTS TO THE ZONING ORDINANCE (SATELLITE DISH ANTENNAS, ETC.) STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 18th, 1987, you x deponent posted a copy of the attached notice of Public Hearing on Amendments to the Zoning Ordinance, 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 , 1987. Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLEY MAZY PUBLIC, WATS OP XXV TOIX NO. 4$66032 QUALMS IN DUTCHESS courrrire COMMISSION WIRES AUG. 4, 13-Z‘ PLEASE TAKE NOTICE that he Town 81307A.awd of TTown of pp�fpar con- duct Dutchess News duct a Public Hearing on April 6, 1967, at P700 P.M. Marie Town HMI, Mltld.bueh ty, New flood. Town Wappirge, OhActtsm• �► io the Zan- - log OOrdn Yak, a the oon w of wappirgar as oh,h. .F hefolo01ngZoning OnJAmend- _ .A ems Wraduosd by SUPERVISOR PAM:- _ ; BE IT ORDAINED by *S Twin Boa d of - the Town of Wappinger, Mechem County. New York, pursuant to the authority confer- red by the lawns or hs stated New York • as +ouows .. uwiioes shell l be boEy the applicant. Th. Section 1: The Tam Of Wappingsr Zan- Planning Board may for su amended requirement 9 Ordinance adopted irhroh 1 , 1060, • fora public hosting d amended from time q time, la further gnnappecation It in the ,ent a n.nddsd Planning �slq ;mended es Ordinance 1. Zoning Ordinance Arthrhdtr - No. 1 we charge from the approved new Section 415.4 is hereby added to drw.fopm.nt pan. ' Amendment No. 5 Zoning Ordinance se follows: 5. Zoning Ordiueds 415.4 Satellite Dish Antennas A new Section 450.6 entitled 'Sats Plan ' 415.41 In Residential Zones Cadormsnos" M hereby added I0 the ton - " The ues of mull= dish antennas shall Ordnance • IOMows: - • be aimed Ind reeldetisl zones wain the on 460.6 sate PIsn Conlormrga Town of Wappinger. subject to buedbg Par- Final approval of Me der=re Plan mit they meal the foliose " require � h al g b" Nt Mg requirements: r • Man. uf a. There she not be more than one (1) shatb that the complete w =ream- such =Mnw such antenna Wowed on any lot. . eon with Me originally approved ) b. Such antema 'hall bo properly at amendment, thereto, prior to the mou*sd, anchored end grounded as deter- laeterice a e CsrtKIcats of Occupancy mined by the Building Inspector. 6. Zoning Ordinance Amendment No. 6 c. The wrgbuctbn and installation of section 421 ol the Zoning On:Menai en - such antennes shill conform to all cep titled - Schedule of Regulations for i Plicabls building codes end other Mills Residential Dl0ri:ts" Is hereby amended tions and requirements. M and o 1�Q •tt!ating pttreP d. Subject to the pr a contained number "ter" urdar fee' P!rmltMd herein, such .Mannas shell be located an- cipal Uses" category. .._Nord h M the fear yard d lot. e a male The h*� r,..oll sed . Signal cannot be obtained in the rear yard, COUNCI FARINA who moved Ile • the manna mew be located in the sits yard 'f'.", -`0",t14,014 'u V U of the M�sub act to the requirements ,IERFAS lids acawi le being treated mini !n ordinance. ass diced action py the T,w Board. and i „. e. Such antennas shall be =signed and- WHEREAS, the Board RrW►b .located ecere nin1E. visual tini*cln adja a- Ione form envirornter*m al assssaent form cera Property and toatlweys. Th. calor and idgetirg that each proposed Ordnnsn0e construction a.the antenna shall b. corn- • Amsrtdrnere, and aN of the erlandnulnto nettle with b surroundings. • ' considered together, would not have -a 1. A lards:aped evergreen plantingsheet on ah ertviomtittwt+, and screen or fees shall be provided fa any indicates dicates that a nsgelivs decimation sgroudanouied wutenns to sown it from vrlhh et the action will beamed. and 1 view of adjacent lots and public view. WHEREAS, 0 is in the Ireland that *why ((112411 dam**. and West- Ameantenna shall nal be more hum' each ndments a� � 1°Mi°m+� . most pmt- of _say such mound -mounted v*0tnmsntal amassment 1onn be est for a. mannashdna eaceedthiMen (13) feet _ public hearing, and neat the other of them Wirind g Ing A Amendments are met. N- abors between. • BE 1T RESOLVED, . beneath and u receiver t e shall s Placed „THEREFORE, beneath the surface of the ground. end a public hearing on each of hese sed .- 2. Zoning Ordinance Amendment No. 2. posed Zoordnanceg ordnance Amendments and Slmbon 45023 "Adds ionel Required 4- ' the long fora environmental assessment formation-- Is hereby amended by eddng form be set for Apre 6, 1067 a 700 P.M. two new subdiviima fa6o o and q TownhClerk be euthorired to T 4502,4 T1e onetime noon - and ceranvee distribute ns, at • sate saiistaegn to the Plana• " nolo. d sed hewing as wow by law. too, ;lam& of wy Maim" DuYd'ep Send • ,. Resolution Seconded by _ supervisor sldd erlyIndicmgee ues . ,, . • ,iterioS .Phos ;n��ert: ProPoced it The voles were es follows s �s - Councilman Farina: -Aye . .5 ThI ll Bilk neat edeee Fen L''• au,Cgnhn Vald A Aye Environmental Aseeaalawt Form (E ) I" , Cpnmcthsmn ,: las • • and any other necessary documentation q 4' Cpmcgmsn 7-- "peme:, Aye t veldt 077 NoSappIaatbn ehd be deemed and Local Law f2 r - `Whereupon, the resoAlution was declared - d,1 adopted by eeTown Board of the Town a significa significance been mode or until draft I. W impact statement been accepted by the Mud y i. 'mpping'r. ELAINE CLERK satisfactory with respect to Mat content I' . - : - TOWN OF WAPPINOER TOWN and adequ3. Zoning Ordinance Mandmet No. S , ., Minch tg. 1997- --- sr... Section 450.3 of the Zoning Ordinance entitled "Rami Of ApPlieation q Pearn'' m+g Board" ie hereby amended to reed se Section �� Referral a Append= to Upon receipt d mi epwk'+een es desert. ed in Section 450-2, above. the Zoning Ad- • • ministrator deli determine whether or not It conlorrrs es the basic requirements of his is =ar- mined th . M suchna,p shell refer nom'' copies the Zona, Aof the ppMcsbon to the appropriate Town, Canity egences forde their review end officials, depart - j �+ comment and chs Meow a thirty (30) day period for 6e woe= of heir remnnen0.- Atay wham «drdZOOM the shallAdminisnaior PoriolL Zreport rpmhaihing these recanmerda- t mits to the Planning Board,agether with applicant Mae beprovided wilh a copy d the report and re lame five (5) days in aru, dvae title Pa nig Board meeting at which it will be considered. Nothing in this section shag be construed a yynstrued as superseding Involved agency or . m1f 1eernbmeed the pub5C "comment under an Annflhartate S. A.R. review. Plant, pgr approve with modificatiog Bawd Mal act to n propo ed Me Alen within 45 days from date of the public hearing or from the s the application is Fred if the Board arsines not to hold Zoning aAmendmentublic Meting. No.4 'action JSo Sit r Hing for Ste ' Peen Revise is hereby heieded by apdiig a *0 sense , motet the section iwill read as followc,ira•r+" n. 450.52 Public Hearintg ar Ste Dewlap want Plan Review ,;'' A public Merits shall be scheduled for the Craeavptenswd�p deveiSatire lag t+ Bowie PubN1 notice of such havingp b. published Ina nemeses! died(FI Md by the Town, at least Sot (5) days bei. the scheduled meeting data. Additionally, dabasing and &dameMama the street or . property rmefe.N nutted by malt by Me app5om•, of said fairing. The .Hoene* of such o.i lidh.Qq d mulled 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Zisela..Schm -tz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .aaokk e.e.p.ex of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published- in the said newspaper for ..PnA..weeks successively in each week, commencing on the 25Y}.. day of .NAFc.b. and on the following dates thereafter, namely on and ending on the 2 5th day of 19 8 7 both days inclusive. Margh Subscribed and sworn to before me this 2 5th day of Mar h My commission expires 19 87 Notary Public RACHEL WISHART NOTARY PUBIC, STATE E OF NEW YORK - OUALIF;ED IN DUTCHESS COUNTY H 144°55aO2 COMMISSION EXPIRES MARCH 31. 1on o: A Public Hearing was held by the Town Board of the Town of Wappinger on April 6, 1987 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Enacting New Regulations on Flood Damage Prevention and the Repeal of Local Law #4 of 1979 Entitled Flood Damage Prevention. Supervisor Paino opened the Hearing at 7:15 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Absent: June Visconti, Councilwoman 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). Supervisor Paino asked for comments from the public either for or against this proposed Law. Alberta Roe asked if this Law would affect those who live in an existing flood plain; it was her understanding that those who live in a flood plain must pay a portion of insurance. The Engineer explained that this law did not apply to existing flood plains but rather to new construction which must comply with flood protection regulations if in a flood area. There were no other comments made for or against the proposed Local Law. MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 7:25 P.M. \, (.-- �� Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 NOTICE IS HEREBY GIVEN that there has been duly presented to and introduc- • ed before the Town Board of the Town of Wappinger, Dutchess County, New York, on March 16, 1987, a proposed Local Law for Rood Da repeals Prevention. This 1979 entitled Flood Daamage Prevention and enacts a Local Law also entitled Flood Damage Prevention. Thelaw is intended to regulate uses in flood areas, to regulate constrution of flood barriers and to main- tain participation in the National Food In- surance Program. The law requires any structure to be constructed in a flood area to comply with applicable food protection regulations. It further requires that a per- mit be obtained for development in a flood plain • and requires a Certificate of Com- poad liance for occupancy d within the designated fl• NOTICE IS FURTHER GIVEN that the Town Board will conduct a Public Hearing onil 6, 1987 at � proposed Psuch date at wt ch time all parties interested wIl be heard..- < . NOTICE IS FURTHER GIVEN . that copies on the proposed Local Law will be avathe it ble ice of o theand inspection oown at WaPpinger in the Town Hall between the date of this notice and the date of the pubic Elaine M Snowden Dated: Mardi <---Town Clerk 23, 1997= , AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. .... dela.. Schmitg of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the iiilakfEePX of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively in each week, -commencing on the 25th day of March 1987 and on the following dates thereafter, namely on and ending on the 25th day of March 1987 both days inclus' e. Subscribed and sworn to before me this 25th day of Mar 1�B 87 atm. joky Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC. STATE OF NEW YORK TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW REPEALING LOCAL LAW #4 OF 1979 ENTITLED FLOOD DAMAGE PREVENTION AND ENACTING NEW REGULATIONS ON FLOOD DAMAGE PREVENTION. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York That on March 18th, 1987, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Repealing Local Law #4 of 1979 Entitled Flood Damage Prevention and Enacting New Regulations on Flood Damage Prevention, 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 la day of 1987. 7404-1-7 Notary Public Elaine H. Snowden Town Clerk Town of Wappinger CECILE S. HAWKSLEY igoTaaT MLA WATS WNW TOW 110. 4156032 011ILMED 01110IESS =MT COMAISSION EVIRM Alla 4, IL -L. c)