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1986-04-21 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING APRIL 21, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES April 7, 1986 Reg. - Special April 2, 1986 w/Twn PK 4. REPORTS OF OFFICERS: Hydrant Report Rec. of Taxes Zng. Adm. Fire Insp. Quarterly Report 5. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. Design Studio request for refund of Bldg. H. Erichsen, CATV - response to providing cablevision Kenneth Stringer Compt. Finance Permit Fee Stoneykill Area with re: Request for reimbursement - Sewer backups Jay Stricker - application for Hawking & Peddling License Correspondence from N.Y.S.D.O.T. (1) response re: Traffic signal at Rte 376 & Robinson Lane/Lake Walton Rd. Intersection (2) Linear Speed limits North River & Old State Rds. Notice of Public Hearing from Town of Fishkill on Zoning Ordinance Amendment g. Town of East Fishkill corr. Re: Nanco Labs of Town of E. Fishkill h. Sharon Karlic re: dumping on vacant property off Rte 376 i. Thos. Logan, Assessor, recommendation regarding amended Finnegan contract and request for Temporary Field worker 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider Montfort/Nestler Rezoning request b. Consider Lloyd Rezoning request c. Approve Amendment to Agreement with Rob't J. Finnegan & Associates, Inc. and authorize Supervisor to sign d. Introduce Rezoning Resolution for Rob't Maher property -Old Rte 9 e. Term of Office of Mary Schmalz, member of Recreation Commission expires May 1, 1986 f. Consider acceptance of Fieldstone pump station g. Authorize payment to C.B. Strain on invoice of $61,005.28 h. Consider Local Law #2-'86 - amending Environmental Quality Review rT '4 a.. - al 01.114- etattaelii . 8. UNFINISHED BUSINESS U Report from Engineer to Town re: Vivalda's request for a curtain drai 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 21, 1986 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Paino opened the Meeting at 9:05 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present Joseph E. Paggi, Jr. Engineer Kenneth Croshier, Highway Superintendent The meeting started with the Pledge of Allegiance to the Flag. All joined in a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Bimonthly Meeting on April 7, 1986 and the Special Meeting of April 2, 1986 with the Town Board of Poughkeepsie, having previously been forwarded to all Board Members, were now placed before them for their consideration. Mr. Farina noted that he had abstained on granting a Peddler's License for the sale of food and the Minutes of April 7, 1986 reflect that this motion was unanimously carried. MRS. VISCONTI moved that the Minutes of the April 2, 1986 Meeting and the Minutes of the April 7, 1986 Meeting, as corrected, be and they are approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports were received for the month of March from the Receiver of Taxes, Zoning Administrator, Fire Inspector, Hydrant Report and the Quarterly Financial Report from the Comptroller. Mrs. Visconti referred to a note on the Hydrant Report that the hydrant at Spook Hill Road and Old Hopewell Road is knocked down and missing and asked if anything was being done on replacing the hydrant. Mr. Croshier replied that this was reported to Camo Pollution Control about two weeks ago and they will follow up and replace the hydrant. MRS. VISCONTI moved to accept the above stated reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions & Communications --- A request was received from Design Studio for a refund of a building permit fee as follows: Town Board Mill Street Wappingers Falls, N.Y. 12590 3/13/86 We would like our money refunded because the property was sold prior to the beginning of the construction of our proposed building. Please put us on the town board for a hearing for a refund. Please notify us in writing. Mrs. Paino noted that they asked for a refund of $472.00. She had notified the principals of Design Studio that they would be placed on the agenda for this meeting. Mrs. Paino researched the matter with the Planning Board to determine if anything had been processed on their application; the following communication was received from the Secretary: Memo To: From: Date: Subject: Irene Paino, Supervisor Linda Berberich, Secretary March 3rd, 1986 Design Studio - Meyer & Marcia Matte I received a call for Marcia Matte of Design Studio on this date. Her and her husband applied for a site plan on November 18th, 1985 and paid a fee of $402.00. The site plan was sent to all agencies for their comments and we did receive responses from the Engineer to the Town, Conservation Advisory Council, and the Fire Prevention Bureau. On the same date they also applied for a Special Use Permit to the Zoning Board of Appeals and paid a fee of $35.00. They are requesting that the application fee be returned. Their telephone number is 297-0604. Mrs. Snowden noted that there was no indication that the request was for a refund on a building permit, but rather site plan and Special Use Permit fees. Mrs. Paino commented that the Town agencies had spent a great deal of time reviewing these documents and it is not the fault of the Town that their plans fell through before they could be implemented. She, therefore, recommended that the request be denied. MR. FARINA moved that the request from Design Studio for refund of site plan and Special Use Permit fees, be denied. Seconded by Mr. Bracone Motion Unanimously Carried The following response was received from Howard Erichsen of U. S. Cablevision in regard to providing CATV to the residents of the Stoneykill Road area: March 17, 1986 Irene M. Paino, Town Supervisor Supervisor's Office 20 Middlebush Road P.O. Box 324 Wappingers Falls, N.Y. 12590-0324 Dear Ms. Paino; I am pleased to inform you that the results of our survey on Stonykill Road indicate that the housing density now exceeds a ration of 35 dwelling units per mile if we exclude an 1880 foot section between utility poles 12 and 18, where there presently are no homes. We propose to extend our lines from Old State Road to Pole 12 on Stonykill and from Baxtertown Road to pole 18 on Stonykill. This will cover all existing dwelling units on Stonykill Road. We also propose to do part of Route 9D north of Stonykill to serve 9 homes located 1,322 feet from Stonykill and south on 9D 1,688 feet to serve 18 additional homes. We have not notified the residents of this area that cable service will be available later this year, instead we wanted you and the Town Board to be the first to know. However, we are proceeding with the project and will keep you informed of progress. Sincerely, s/ Howard H. Erichsen Regional Manager MR. FARINA moved to receive the correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried MRS. PAINO moved to send a letter to Mr. Erichsen thanking him for availing the residents in that area of cable service and request that he provide the Town Board with a time table that has been specifically set forth for these two areas. Seconded by Mr. Reis Motion Unanimously Carried A letter was received from Kenneth Stringer, 27 Cider Mill Loop in the Town of Wappinger requesting reimbursement of expenses incurred due to a sewer backup in his home which he feels is a Town problem. MRS. VISCONTI moved to refer this matter to the Engineer to the Town and Camo Pollution Control for investigation and report to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried 1a7 An application for a Hawking and Peddling License to sell food was submitted by Jay Stricker. Mrs. Visconti noted that she had forwarded a note to the Attorney inquiring whether the requirement for peddlers to move their vehicle 1000 yards every thirty minutes was enforce- able. She had not received a reply as of this date and suggested that action be tabled pending an opinion from the Attorney. Mrs. Snowden noted that this was a law on the books and is under the jurisdiction of the Zoning Administrator. This law was enacted for the purpose of requiring the vending vehicles to keep moving so as not to infringe on the restaurants and diners in the Town who are obliged to pay rent and taxes to keep their business in operation. Mrs. Visconti withdrew her objection to taking action tonight but felt this should be pursued. MRS. VISCONTI moved to approve a Peddlers License for Jay Stricker to sell food throughout the Town. Seconded by Mr. Reis Motion Unanimously Carried A communication was received from the New York State Department of Transportation indicating that the traffic signal approved for the intersection of Route 376/Lake Walton Road/Robinson Lane is included in a contract scheduled for completion in late 1987. A more definite date could not be provided by that department since the contractor has the right to set priority for the installation of various signals included in the contract. Mrs. Visconti felt that perhaps the Town could be provided with the priority list so the residents could have more definite information on when they can expect relief at that intersection. MRS. VISCONTI moved to send a letter to the N.Y.S.D.O.T. requesting that the Town be provided with the priority status set by the contractor for that particular traffic signal. Seconded by Mr. Farina Motion Unanimously Carried The second communication from the N.Y.S.D.O.T. related to reduced speed limits on North River Road to Old State Road and Old State Road northerly from Route 9D to North River Road, to 40 MPH. Our Highway Superintendent would be responsible for installing the necessary signs. MR. REIS moved to receive the communications from the N.Y.S.D.O.T. and place them on file. Seconded by Mr. Bracone Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Fishkill on Amendments to their Zoning Ordinance relating to Site Development Plan Review, Existing Town Law Violations and Schedule of Regulations for Non -Conforming Residential Districts; our Town Clerk forwarded a copy of this Notice to the Planning Board for their information. MRS. VISCONTI moved to receive this communication and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A response was received from the Town of East Fishkill regarding our concerns on possible pollution of water due to the location of Nanco Labs on Robinson Lane; the Town Clerk indicated in her letter that the matter had been referred to their Planning Board for review and report to the Town of Wappinger. As of this day, no report has been received from their Planning Board. Mrs. Visconti suggested that we send a follow-up to them in two weeks time if we have no response by that time. MR. REIS moved to receive the communication from the Town of East Fishkill and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried Mrs. Sharon Karlic, Route 376, wrote to the Board complaining of dumping on a parcel across the street from her home. MRS. PAINO moved to refer this complaint to the Zoning Administrator for his investigation and also notify the Dutchess County Sheriff of this dumping activity. Seconded by Mrs. Visconti Motion Unanimously Carried Assessor Thomas Logan wrote to the Board recommending that the Town approve a proposed amendment to the contract with Finnegan Associates who are presently conducting the updating of the Town's Assessment Roll; he also suggests that the Town approve hiring a field worker for his office to assist not only Finnegan, but his office, as well. MR. REIS moved to follow the recommendations set forth by Assessor Thomas Logan. Seconded by Mr. Farina Motion Unanimously Carried Before starting Committee Reports, Mrs. Paino introduced and welcomed several young men in the audience from Boy Scout Troop 12, Mt. Hope Grange. Assistant Scoutmaster, Bill Jandrew and his scouts, Mike Sozzi, Kirk Zeaman, Aneesh Tolat, Manish Naik and Mike Jandrew were attending the meeting as part of the badge they were endeavoring to earn on Citizenship in the Community. Committee Reports --- Mr. Bracone had no reports for this meeting. Mr. Reis, Building and Housing, reported that the new Town Hall was moving along and hoped we would have a moving date in the near future. There are concerns on a potential drainage problem; if there presently the Engineer is investigating to determine is a problem and at such a time when this determination is made a report will be made to the Board. Mrs. Paino reported on a Seminar she attended last Saturday relating to affordable housing; the information she acquired at that seminar will be submitted to the Planning Board and the newly formed Growth Management Committee that will eventually address this matter. Mr. Farina, Landfill Committee, noted that the Spring clean-up is under way and he observed driving throughout the Town that some residents were not observing the do's and don'ts, such as tying items up in neat bundles, no paint cans or liquids, no tires, etc. It would be a big help to the Highway Depart- ment if they observed the regulations. Mrs. Visconti attended an Airport Advisory Committee meeting and noted that their prime concern at this time is the revision and printing of airport regulations. Dial -O -Ride Committee is concerned on federal cuts on this service. They are considering alternate funding solutions and Mrs. Visconti will present these to the Board at a future date. /36 A Public Hearing having been held by the Town Board on an Amendment to the Zoning Map (Montfort/Nestler, R-80 to HB -2A), the matter was placed before the Board for their consideration. Mrs. Paino recommended that no action be taken on this matter tonight so the Board would have the opportunity to review the comments made at the Public Hearing. MR. FARINA moved to table action on the Montfort/Nestler rezoning request for further review by the Town Board. Seconded by Mr. Reis Motion Unanimously Carried A Public Hearing having been held by the Town Board on an Amendment to the Zoning Map (Lloyd Rezoning R-20 to HB -2A), the matter was placed before the Board for their consideration. MR. REIS moved to table action on this request to the May 5th, 1986 meeting, for further review by the Town Board. Seconded by Mr. Farina Motion Unanimously Carried An Amendment to the contract with Finnegan Associates, relating to the assessment of commercial and industrial properties, was placed before the Board for their consideration. Mr. Logan, Town Assessor, recommended that the Board agree to the amend- ment and indicated that it would cost around $12,000. MRS. VISCONTI moved to approve the Amendment to the contract with Finnegan Associates and authorize the Supervisor to sign the Amendment. Seconded by Mr. Reis Motion Unanimously Carried A request was received from Robert Maher to rezone a parcel on Old Route 9 from R-20 to HB -1A, to conform with the other parcels. MRS. VISCONTI moved to refer this rezoning request to the Zoning Administrator for review and recommendation to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried )31 There will be a vacancy on the Town Recreation Commission, due to the expiration of Mary Schmalz's term on May 1, 1986. Mrs. Visconti moved to reappoint Mary Schmalz as a member of the Recreation Commission. Motion Failed for Lack of a Second The following resolution was offered by COUNCILMAN REIS who moved its adoption: RESOLVED, that Ralph Holt be and he is hereby appointed to fill the vacancy on the Recreation Commission of the Town of Wappinger which has occured by reason of the expiration of the term of Mary Schmalz, and it is further RESOLVED, that the said Ralph Holt is hereby appointed to the said Recreation Commission for a five year term which shall expire May 1, 1991. Seconded by: Councilman Bracone Roll Call Vote: Councilman Bracone Aye Councilman Farina Abstain Councilman Reis Aye Councilwoman Visconti Abstain Supervisor Paino Aye Resolution Duly Adopted MR. REIS moved to send a letter to Mrs. Schmalz thanking her for her many years of service to the Town, as a member of the Recreation Commission. Seconded by Mrs. Visconti Motion Unanimously Carried MRS. PAINO moved to appoint Ralph Holt as Chairman of the Recreation Commission for the remainder of 1986. Seconded by Mr. Reis Roll Call Vote: Councilman Bracone Aye Councilman Farina Abstain Councilman Reis Aye Councilwoman Visconti Abstain Supervisor Paino Aye Motion Carried A request from the developer of Fieldstone Farms for the Town to accept the pumping station at that location, was tabled at a previous meeting and referred to the Engineer to the Town for his review and recommendation. The following report was received from Joseph Paggi, Engineer to the Town: t3c, April 3, 1986 Town of Wappinger Box 324 Wappingers Falls, New York 12590 Attention: Irene Paino, Supervisor Re: Fieldstone Farms Pump Station Dear Mrs. Paino: At the request of Michael Tremper, CAMO, we have conducted a field inspection of the above pump station with respect to the drainage situation. The pump station is located in the lowest area of the subdivision, and therefore is subject to the runoff. The street drainage is contained by curbs and discharged to the closed storm drain system. The area near the pump station, directly in back of the curb, is lower than the curb elevation, and therefore ponds. This subjects the area to periodic flooding. The developer and/or the developer's engineer should implement a plan to avoid this situation. The plan could include grading work or the extension of the drainage system. A submittal should be made to the Town for its review. With respect to the developer supplying the Town with an emergency compressor, it is our opinion that this is standard practice, and a recommended practice. Under the Town's construction of the Wappinger Sewer Improvement #1, units were provided for. This firm, however, was not involved in the approval process of this project, and therefore not aware of any specific conditions of the approval. If we can be of further assistance, please call this office. Very truly yours, s/ Joseph E. Paggi,Jr., P.E. MRS. PAINO moved to notify Mr. Klein, developer of Fieldstone Farms that the Town Board has tabled acceptance of the pumping station, based on the recommendation of the Engineer, and enclose with this letter, copy of the Engineer's report. Seconded by Mr. Reis Motion Unanimously Carried A request for payment to C. B. Strain, heating contractor for the new Town Hall, was tabled at the last meeting pending investigation by Mr. Reis of the adequacy of the heating system. Mr. Reis reported that it has been determined that the system is working to its capacity and recommended that the payment request ($61,005.28) be approved. MR. REIS moved to authorize payment to C. B. Strain in the amount of $61,005.28, as requested. Seconded by Mr. Farina Motion Unanimously Carried A Public Hearing having been held on a proposed Local Law amending Local Law #2 of 1977, on Environmental Quality Review, by the Town Board on April 17, 1986, the matter was placed before the Board for their consideration. As a result of the input received at the Public Hearing, Mrs. Paino explained that the Town Board intends to alter the original proposal. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, on April 7, 1986 proposed Local Law number "2" of the year 1986 entitled "A Local Law supplementing the list of Type I Actions under Part 617.12 of the State Environmental Quality Review Regulations and establishing standards for completeness of applications", was introduced by a member of the Town Board, and a public hearing was held on that law on April 17, 1986, and WHEREAS, at that hearing certain suggestions were made by members of the Town's Planning Board and members of the public regarding modifications in the thresholds to be set, and WHEREAS, in response to these comments, the Town Board wishes to consider making the following modifications in the proposed local law: 1. Several residents of the Town indicated that they felt that the threshold of two lots within the poor soil areas was unfairly restrictive and suggested modifying the threshold to somewhere between three and five units. Accordingly, the proposed revised local law would change the thresholds to four or more units in the poor soil areas. The threshold would continue to be 12 or more units in the better quality soils. The law would also more clearly list the various types of poor soils included within the designations on the map. 2. In non-residential projects, several members of the Town's Planning Board indicated that they thought the thresholds should be lower. In response to their suggestion, the projects which involve physical alteration of one or more acres; would use ground or surface water in excess of 2,000 gallons per day; would include parking for 80 or more vehicles and would constitute a facility with more than 10,000 square feet of gross floor area; and WHEREAS, the Board feels it important to obtain further public comment on the proposed modifications, NOW, THEREFORE, BE IT RESOLVED, that a further public hearing will be held on May 5, 1986 at 7:00 P.M. at the Town Hall for the purpose of considering the proposed modifications concerning the proposed local law. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays 13z1 A Public Hearing having been held by the Town Board on April 17th, 1986 on the proposed use of Community Development Funds for funding the master plan and zoning, the matter was now placed before them for their consideration. The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, the Town of Wappinger is participating in the Dutchess County Community Development Consortium for Fiscal Year 1986, and WHEREAS, input from citizens and groups has been received and considered, and WHEREAS, a Community Development Plan has been prepared and reviewed, and WHEREAS, an application has been prepared which is in conformance with said plan, NOW, THEREFORE BE IT RESOLVED that the Dutchess County Community Development Consortium Fiscal Year 1986 application for the Town of Wappinger including the certifications included therein be and hereby is approved, and BE IT FURTHER RESOLVED, that the submission of said application to Dutchess County Department of Planning be and hereby is authorized. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays Unfinished Business --- The following report was received from the Engineer to the Town regarding Mr. Vivalda's request for a curtain drain. April 8, 1986 Town of Wappinger Box 324 Wappingers Falls, New York 12590 Attention: Irene Paino, Supervisor RE: Vivalda, Shale Drive Dear Mrs. Paino: At the request of the Town Board, we have reviewed the above premise to review the drainage situation. Mr. Vivalda requests permission to tie a curtain drain into the Town storm sewer system on Montfort Road. Our preliminary findings show that if a curtain drain is installed on the high side of the existing sewer system, there should be no problem tying into the Town storm system. I would further recommend that the homeowner retain a professional to draw a sketch of the proposed improvements for the Town's review. Also, please be further advised that the Town will in no way certify that the installation of this curtain drain will help the condition of his sewer system. If we can be of further help, please call this office. Very truly yours, s/ Joseph E. Paggi, Jr. 1, MRS. PAINO moved to direct a letter to Mr. Vivalda, informing him that the Town Board concurs with the recommendations set forth in the Engineer's report of April 8, 1986 to the Supervisor and carbon copied to him and request that he respond to the Town Board regarding his intentions on this matter. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested that the concluding statement in the Engineer's report, "the Town will in no way certify that the installation of this curtain drain will help the condition of his sewer system", be reiterated in the letter to Mr. Vivaldo. New Business --- Bernice Mills, resident of the Town, was recognized by the Chair and noted that she had no objection to the appointment of Ralph Holt as Chairman of the Recreation Commission, but questioned whether he'd have an open mind on recreation needs of the Town, as he has been very active in Little League. Mrs. Mills also had questions on the landfill site regarding its availibility to the residents on the first Saturday of each month. Mr. Farina responded that it would be open on the first Saturday of June and will continue to the Fall at which time they will address the matter. Continuing on landfill, Mrs. Mills asked how long the Town would continue being a dump for the Village of Wappingers Falls; they have been helped by the Town long enough and it's time they found their own disposal site. She felt that the Town could be using that site longer if it wasn't for the Village participating in our clean-ups. She urged the Town Board to take action to halt the Village from using our site. Mrs. Paino, in answer to these comments, responded that Mr. Holt did have a past involvement in Little League, however he is no longer president of that association, and indicated to the Town Board that he was interested in all aspects of recreation for the Town residents. As far as Village partici- pation in our landfill, it is solely for the use of Village residents within our Town, and pointed out that these people pay Town taxes and are entitled to some services. Mrs. Mills rebutted that they do not pay taxes for the landfill and should not be using it. The discussion concluded when Mrs. Paino emphasized the fact that they do pay Town taxes and should be entitled to some services from the Town. There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Bracone and unanimously carried. The meeting adjourned at 9:57 P.M Reg. Bimonthly Mtg. 4/21/86 Elaine H. Snowden Town Clerk )36 A Public Hearing was held by the Town Board of the Town of Wappinger on May 5th, 1986 on a proposed revised Local Law amending Local Law #2 of 1977 entitled Environmental Quality Review. Supervisor Paino opened the Hearing at 7:08 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman 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 a part thereof of the Minutes of this Hearing). Mrs. Paino noted that this Hearing on a revised Local Law is a result of the comments made by the residents at the previous hearing on April 17, 1986. It was indicated at the public hearing that the construction of two or more units in residential zoning would be under Type I actions which would be considered more likely to consider the preparation of an Environmental Impact Statement; the residents suggested changing these units to three to five units. The revised Law now calls for four or more units be listed under Type I actions. The commercial zoning was also changed from projects of five acres or more to one acre or more to be listed under Type I actions. Mrs. Paino asked for comments from the public either for or against the revised Local Law. There were no comments or questions from those public relating to the revision of the Local Law. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Reis and unanimously carried. The Hearing closed at 7:10 P.M. Elaine H. Snowden Town Clerk 4 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED REVISED LOCAL LAW AMENDING LOCAL LAW #2 OF 1977 ENTITLED ENVIRONMENTAL QUALITY REVIEW 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 April 29th, 1986, your deponent posted a copy of the attached notice of Public Hearing on a proposed revised Local Law Amending LOCal Law #2 of 1977, entitled Environmental Quality Review, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Wappingers Falls, Dutchess County, New York. Sworn to before me this day of ,,Q,,,„,_ Notary Publi‘ 1986 anAalk, Elaine H. Snowden Town Clerk Town of Wappinger MAO 14M Nib fir= �' ,oa iernAg ilI� it 7L® and 0. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS, NT 12590 NOTICE OF FURTHER OF PUBLIC HEARING PLEASE TAKE NOTICE, that the public hearing held on Thursday, April 17, 1986 • at the .Town of Wappinger Town Hall, Mill Street, Wappingers Falls, New York+pn pro- omproieleeeklavokiba 1c.1988 entitled "A local law suupppplementinggr 4-tthf�list.of Type, 1 Actions under.Part 817.12 o the State Environmental Quality Review Regulations snd establishing standards for I applications." will be con- ' tinued at 7:00 p.m. on Monday, May 5, 1988 at the Town Hall, Mill Street, Wappingers ' Falls, N.Y., for the purpose of considering various modifications in the proposed local law prior to adoption including the following: 1. The proposed revised local law would Increase the threshold from two or more units to four or more units in the poor soil areas. The threshold would continue to be 12 or more units in the better quality soils. The law would also more clearly list the various types of poor soils designated on the map. • 2. The proposed local law, as revised, would lower the thresholds on non- residential projects to include those which involve physical alteration of one or more acres; would use ground or surface water in excess of 2,000 gallons per day; would include parking for 80 or more vehicles and would constitute a facility with more than 10,000 square feet of gross floor area. At the hearing, all interested parties will be heard, both on the proposed modifica- tions in the local law and any possible en- : vironmental impacts of these modifications. Complete copies of the pr sed local law and the Environmental Assessment Form relating to it are available for inspec- tion at the Town Hall. Dated: April 23, 1986 Elaine Snowden, Town Clerk Town of Wappinger AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Sebtgi,14 of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ... Bookkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published •in the said newspaper for ... Ane ... weeks successively ..once. . in each week, commencing on the 30th . day of .Apra . 1986.. and on the following dates thereafter, namely on and ending on the ...30th day of. April 1986.. both days inclusive. 4,4 Subscribed and sworn to before me this .30th day of.Ap My commission expires Notary Public RACHEL WISHART NOTARY PUBLIC. STATE OF NEW YORK QUALIFIED !N DUTCHESS COUNTY # 14-4355::2 COMMISSION EXPIRES MARCH 31, 19 2, A Public Hearing was held by the Town Board of the Town of Wappinger on April 21, 1986 at the Town Hall, Mill Street Wappingers Falls, New York, on an Amendment to the Zoning Map (Lloyd Rezoning R-20 to HB -2A). The Supervisor opened the Hearing at 7:06 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, 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 explained that this rezoning request was received from the owners, 22 Associates, of a 5 acre parcel at the northwest corner of Osborne Hill Road and Route 9, which it desires to develop as a Lloyd Home and Building Center. The front portion of the parcel is zoned HB -2A (Highway Business) and the rear portion is zoned R-20. They have requested this rezoning in order to conform the parcel to HB -2A and intend to use the back portion for parking and storage purposes. The procedure they would follow will be to have the applicant make his presentation to the public, following this, the hearing will be open to the public to allow them to question the applicant on items applicable to the subject matter. Mr. Lawrence Piazza, one of the owners of the parcel, elaborated on the facts previously stated by the Supervisor, noting that the front portion of 3.+ acres is presently zoned for the intended use of the property; the additional 1.65 acres in the rear is landlocked from the Osborne Hill side due to a drainage easement to the State of New York for Route 9 highway. This results in no access from the Osborne Hill Road and non -usable property in its zoning category of residential. Mr. Piazza referred to the site plan and explained the intended use of the parcel they hope to have rezoned which included a driveway around to the rear, 12 parking spaces and a storage area totally enclosed in its own security fence. If the rezoning is not approved, the prospective tenant, Lloyd Home and Building Center, will not lease the premises since their operation requires the commercial zoning for the total parcel. Mr. Piazza noted that recommendations have been received from Town agencies, County agencies and State agencies; the environmental assessment form has been submitted three times to accommodate concerns of the Town in some areas. This request was submitted to the previous Town Board and has now been carried over to the present Board; the original submission was nearly a year ago. The owners, 22 Associates, feel that the intended use of the front portion of this land will have a minimal impact on traffic, water sewer, etc as opposed to other allowable uses being put there, such as fast food operation, 7-11 store etc. As for screening, there are a tremendous number of trees already bordering its lines and a great depth in the rear which would not be disturbed; in addition they will put in trees at areas of concern. He encouraged the Board to visit the Lloyd Home and Building Center in Poughkeepsie so they would have knowledge of what was going in at that location. It will be a tax gain to the Town with minimal impact, a clean industry unlike some of the business on Route 9. It was his opinion that he had justified all the arguments that have been or could be brought up by the Town or its residents. Jack Railing, Engineer for the project, submitted the third environmental assessment form to the Board for their review. Mrs. Paino noted that the Town Board does not plan to act on this rezoning request tonight; they will review Mr. Piazza's presentation and the comments from the public prior to their consideration of the application. She requested that the recommendations of the Dutchess County Department of Planning and the Town Planning Board be read into the Minutes of the Hearing. The following letter was received from the Dutchess County Department of Planning: April 17, 1986 To: Town Board, Town of Wappinger Re: Referral 86-158, Lloyd Rezoning, Parcel No. 615704-599136 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). The Department has considered the proposed activity in the context of countywide and inter- municipal factors and finds that the Board's decision is primarily a matter of special concern. Subject application would rezone approximately 1.6 acres of land from R-20 (Residential) to HB -2A (Highway Business). This area is in the rear of land zoned for highway business uses and fronting on Route 9. The Town Development Plan recommends that this property and adjacent areas be used for residential purposes. The front of the parcel is, however, zoned for commercial use. General planning principles encourage the provision of an adequate amount of land for individual uses, whether they are commercial, residential or industrial in nature. When adequate land is provided, sufficient land can be set aside for access, parking, buildings, buffer areas and landscaping. Specific concerns in the subject application concern access, landscaping and buffer areas. Sufficient turning lanes should be provided near the access point to Route 9; New York State Department of Transportation should be consulted for their recommendations. Landscaping should be provided around any fenced area to minimize the visual impact on the adjacent residential district. An undisturbed buffer area, free of off-street parking, accessory building, storage or other uses or structures, should be provided where the property abuts residential districts. The Dutchess County Department of Planning recommends that the Town Board consider the above points during its decision making process. After such consideration, this Department recommends that the decision in this case be based upon local study of the facts. 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/ Richard Birch Planning Supervisor Memo To: From: Date: Subject: Town Board Planning Board March 31st, 1986 Lloyd Rezoning As requested in your letter to the Planning Board dated March 19th, 1986, the Planning Board reviewed the rezoning at their March 24th, 1986 meeting. Mr. Fanuele made a motion to recommend that the whole 5 acre parcel be rezoned to HB -5A for the reason that the Board would like to make sure that the parcel does not get subdivided any smaller. Also, the Planning Board expressed a concern with traffic and would like to recommenI that the applicant produce evidence that they will not have a traffic problem; Mr. Howell seconded the motion and the motion was carried. The Hearing was opened to the public and Mrs. Paino requested the speakers to address their comments to the applicant. Tim Classey, Fleetwood Manor, stated that he and his neighbors will be greatly affected by this project. He requested the Town Board and the audience to address this proposal strictly from the pros and cons submitted and not from a political aspect. His main concerns were traffic and safety; problem for the motorist north traveling/who must make a U turn and then proceed south. This creates a hazard since a U turn requires more space; also Osborne Hill Road will realize increased traffic from this facility and additional trucks will be on the road both Lloyd's trucks and their customers. He spoke of the difficulty motorists have now if they are traveling north and want access to Osborne Hill Road; if will be a lot worse if Lloyd builds their store there. It was his understanding that the property is not owned by Lloyds and if it is their parcel, it was recently purchased Any hardship created by the denial of this rezoning request will be self-created. He had no objection to Lloyds, just felt it should be at a different location. He asked that the Town Board carefully consider their action and felt that common sense alone would not permit them to approve it. Mr. Piazza responded to these concerns, first on traffic, all businesses along Route 9 require traffic to cut across the lanes of traffic and make U turns; they would work with any homeowner's association to see that a traffic light is put in at that location. Relating to ownership, 22 Associates is the owner of record and Lloyds will lease the property if the property is rezoned. Michael Hirkala commented that his concern was that this rezoning would not conform with the Town's master plan. He also agreed with the facts brought up by Mr. Classey and felt that the Town could hold up on this rezoning until the Route 9 corridor study was completed. He had the opportunity to review their Environmental Assessment Form that was on file; he learned tonight there are three of them, one of which was submitted at this hearing. When does the public get a chance to review them? Mrs. Paino noted that the second environmental form was submitted Friday and she doubts if the Town Board had a chance to look at it since they may not have received it until today; the Board will not act on this request tonight so they will have the opportunity to review the documents and consider the comments made at this hearing. Mr. Piazza responded to Mr. Hirkala's concerns on traffic, pointing out that the New YOrk State Department of Transportation had given approval on the entrance and exit; he reiterated the reason why there were three environmental forms submitted --- concerns of the Town caused these submissions. Frank Devine, Kretch Circle, asked if anyone has approached the State Transportation and requested a traffic light at Osborne Hill Road, Traffic is his main concern and he felt they should have an ounce of prevention with a traffic light at that intersection. The Town Board should insist that the State take a look at the situation. Joseph Incoronato, resident of the Town, echoed Mr. Classey's statements on safety and the traffic this building would generate. He has no objection to Lloyd , half of his home is built from their materials, but it is a bad site to locate. He, too, was concerned with the traffic that already exists through that area. Fishkill people going to Poughkeepsie, use 9D, Ketchamtown Road, Osborne Hill Road to Route 9 and the reverse when heading home, so there's a constant flow of traffic through these areas. This project will add to that flow. He mentioned, as Mr. Hirkala did previously, that they were not really landlocked, since they owned the two parcels. His proposal for that area if they had to rezone would be to rezone it residential for eight homes, which will add 16 cars to the area and will not generate the traffic problems that the Lloyd building will. He is concerned on what is happening in the southern tier of the Town. He also objected to the present habit of Lloyd piling their materials up to the shoulder of Route 9; he's sure the.new store will follow the same pattern. He hoped the Board would take this rezoning into careful consideration, and repeated his suggestion that if it has to be rezoned, make it all residential; it will still be in keeping with the surrounding area and will minimize the amount of traffic. Mr. Piazza responded to the objections and reiterated his statement that the storage building will be at the rear of the building, nothing will be piled in front. The present store in Fishkill will be continued as a lumber yard for commercial use only, meaning that contractors will buy materials there, and home users will be directed to the new facility. Their intended use if filed with the site plan and if there were any deviation from that use, they would be in violation, therefore, they have no intention of uses other than what they have in their application. He could not understand or accept Mr. Incoronato's proposal to turn all that land into residential zoning. The impact environmentally on sewer waste and water resources would be far greater than anyone could imagine; the traffic noise on Route 9 would not be conducive to residential dwelling. He offered his assistance to convince the State that a traffic light is needed, if that was the wish of concerned residents and the Board. Bernice Mills, resident of the Town, felt there wasn't much you can do about the traffic, it's been on Route 9 for a long time and it will continue. That is where business belongs, certainly not residential zoning. They should look at orderly growth for commercial business along Route 9 where it belongs. She has no objection to Lloyd coming in at that location. Michael Hirkala referred to Mr. Piazza's statement that he had approval from the NYSDOT for ingress and egress, and noted that is where the problem is ---their approvals of these cut outs on Route 9. They don't live in the Town and therefore don't worry about the inconveniences their approvals cause. The Town has the right to go over them, beyond their requirements. They are looking at only one parcel, not the area. It was his opinion that the Town should indicate the entrance and exit they wished placed there and submit their plan to the State. Al Windheim, Osborne Hill Road asked who is the boss, the State or the Town. Mrs. Paino responded that, relating to roads, the State would govern this, however, the Town Planning Board can set forth stipulations. Mr. Windhem noted that as far as traffic on Osborne Hill Road, there are two entrances on Route 9, but most people don't use Smithtown Road, and they should be using it. He agreed with Mrs. Mills --you can't stop progress; you're always going to have traffic. Every generation complains, but you have to work together. Tim Classey referred to some statements made that he did not agree with, one of them being, you can't stop progress. Let's make sure there is progress before going ahead with this building center. If you're building something that's going to compound problems that already exist, that's not progress. Another statement, it's coming and we can't stop it --he doesn't agree with that. The Town Board has the power, right and obligation to stop it if it's not right. There were no other comments made either for or against this rezoning. MR. REIS moved to close the public hearing, seconded by Mr. Bracone and unanimously carried. The Hearing closed at 8:04 P.M. 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. AN AMENDMENT TO THE ZONING MAP OF THE TOWN OF WAPPINGER , (LLOYD REZONING R-20 to HB -2A) 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 April 9, 1986, your deponent posted a copy of the attached notice of Public Hearing on a proposed Amendment to the Zoning Map of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall, Mill Street, Wappingers Falls, New York. Sworn to before me this c'/ day of 1986. Notary Publi Elaine H. Snowden Town Clerk Town of Wappinger DISPLAY ADVERTISING NEWS CLASSIFIED ADVERTISING 914 297-3723 . 84 EAST MAIN STREET—WAPPINGERS FALLS + NY 12590 PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will hold a Public Hearing on April 21st, 1986 al 7:00 P.M. at the Town Hall, Mill Street, Wapp- ingers Falls, Dutchess County, New York, on an Amendment to the Zoning Ordinance (Loyd Rezoning R-20 to HB -2A), as follows: The following Ordinance was introduced by SUPERVISOR PAINO: BE IT RESOLVED AND ORDAINED by the Town Board o1 the Town of Wappinger, Dutchess County, New York, in purauaance to the Authority conferred by the Laws of the State of New York, as follows: SECTION .1. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended trom time to time, is hereby further amended by rezoning the folkowirrrgg portion of a Parcel of land from R-20 (Reeidential) to HB -2A (Highway Business • 2 Acres) classification, said portion of real property more particularly described as follows: All that parcel of land situate in the Town of Wappinger, County of Dulchess and State of New York, bounded and describ- ed as follows: Beginning ata point on the southerly dM- sion line of the herein described parcel and •.Ihe Northerly line of lands now or formerly Matthew and Audrey Hussey (Libor 1085, Page 535) said point being North 74-46-00 West 26.22 feet, North 87-58-00 West 144.30 feet and North 85.36-00 West 31.05 feet from the Northeast corner of the aforementioned Hussey, and the Westerly lne of Osborne Hill Road, running thence Westerly along the Southerly division line of the herein described parcel and along the Northerly line of the aforementioned Hussey, North -85-36-00 West 130.45 feet, North 86-07-00 West 133.30 feet, and South 55-13-00 Weal 1.53 feet to a point marking the Southwest corner of the herein described parcel and the Easterly line of lards now or formerly Barry Cohen. runn- ing unt-Ing thence along the same, North 14-30-10 East 74.94 feet, North 14-42-10 East 201.44 feet, North 2451-10 East 234.93 feet, and North 59-22-50 Eaal 9.97 feet to a point marking the frost Northerly corner of the n - herein described parcel and the Easterly ' line o1 a zoning line designated as R•20„ running thence Southerly through other • lands of the grantor herein, and along said 'zoning line, South 09-48-30 East 511.28 feet to the point or place o1 beginning. Containing 1.675 acres of land more or less. Subject to restrictions, restrictive covenants, easements and/or agreements of record, it any. PRESENT OWNERS: - 22 Associates, LTD 4r -- Tax Grid Number: 19-6157-04-599138-00 Deed Recorded: Liber 1688 Page 519 Said described Parcel being a portion of the above owners 5.00 Acre parcel, which ' Is bounded by the lolbwng parcels of real property: South by Matthew and Audrey Hussey West by Barry Cohen North by Stella 8 Phillip Dominicus East by U.S. Rte 9 SECTION II. This amendment shall come effective upon adoption, Posting 1 Publication, as prescribed by Town Elaine H. Snowden Town Clerk • April 1, 1988 f Publication: April 9, 1986 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year 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 once . in each week, commencing on the 9th day of Apr. . 19. 86, and on the following dates thereafter, namely On and ending on the 9th day of April 19. both days inclusive. Subscribed and sworn to before me this 9th day of. ..AA? ... 19 86 Notary Publi,; My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE Q,T NEW YORK QUA,L!F!ED Itl GUT,.,. ,.., COUNTY #144;24f7.17(50 commiSS105 EXPIRES *I iL"r 30, 19.. 1 A Public Hearing was held by the Town Board of the Town of Wappinger on April 21,1986 on an Amendment to the Zoning Ordinance (Montfort/Nester R-80 to HB -2A). Supervisor Paino opened the Hearing at 8:22 P.M. Present: The and are Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Town Clerk offered for the record the Affidavit of Posting Publication duly signed and notarized. (These Affidavits attached hereto and made part thereof of the minutes of this Hearing). Bruce Nestler was present and explained that the' property was previously zoned HB -2A and reverted back to a 30'0 foot strip residential zoning. Their request was to rezone these portions back to HB -2A so these lots will conform with the other lots in their commercial subdivision. Mrs. Paino requested the public to direct their comments/questions to the applicant. Joseph Incoronato, resident of the Town commented that the character of this area is residential and was zoned R-80 for environmental purposes. He would not like to see the ecology of the area damaged or the residential character of the neighbor- hood infringed on by commercial development. By approving this request they would contradict the master plan and the courts would look on this as spot rezoning. He objected to the rezoning of these parcels to HB -2A. Mr. Nestler noted that he thought they had approval for a commercial subdivision until they discovered that the 300 foot strip was zoned back to residential, which would destroy two lots. He did not feel anyone would want to build a home back there. If this property was rezoned they'd have a along Cooper Road with miximum setback. Al Windheim, Osborne Hill Road asked when was this area rezoned and did they notify the owners; why did they rezone it? They originally rezoned it all commercial, then someone else decides to zone it back to residential. If they get this approved tonight, road and a buffer area another councilmanmight come in and zone it back to residential Mrs. Paino replied thatit was commercial and several years ago they took the 300 foot parcel on the westerly side of Smithtown Road and zoned it residential. This was done prior to her time on the Town Board. Mr. Nestler replied that they were never notified of the change; they have the lots under contract and would like to resolve this tonight. Michael Hirkala--he's looking at this request on an overall concept, not just an individual request for altering 1 or 2 lots. He would like to know if the road belongs to the Town or the de- veloper; he's under impression that the road is not supposed to connect to Smithtown Road, but would be maintained for emergency vehicles to have access. Mr. Piazza responded that the road is strictly a fire lane and it is presently being paved 25'wide and they have to post and chain this access. He hopes the Town will take it over after it is brought up to Town road specifications. Peter White, resident of the Town, felt if a person owns a piece of property and has a more favorable zoning on it, then the Town rezones it more restrictive, the owner of the parcel should be notified. He should be able to have the most beneficial zoning, particularly since it was zoned that way to begin with. The law requires that a legal notice be placed in the newspaper stating that this action was taken by the Town Board, Mrs. Paino noted. This was the procedure followed by the administration prior to the last one. Ed Hawksley, resident of the Town, noted that this rezoning was done in 1980 at the time the Zoning Map was changed. It wasn't that recent and the applicant certainly had time to seek redress. Notification was by public notice in the newspapers, as the Town certainly could not send a notice to each and every one affected by the rezoning. It was his opinion that any application requesting a rezone should be required to demonstrate that there is a community need for that rezoning. This does not mean the financial need of that particular applicant, it means the need within the community; to go from residential to highway business in that area where there is already HB zoning, does not demonstrate a need for that change. He suggested that rather than extending the HB zone up to Smithtown Road, it might be more appropriate to move the R-80 in to the lot line of the two lots which abuts Smithtown Road. There would then be no conflict and if they were considering rezoning that would be the proper way to go. Mr. Nestler repeated his statements that the parcel was HB -2A at one time and the 300 foot strip was rezoned. They didn't catch it until they went out to contract on one of the lots. He's here tonight to straighten it out by the Board rezoning the strip back to HB -2A. There were no other comments made either for or against the rezoning request and at this point Mr. Paino requested that the recommenda- tions of the Dutchess County Department of Planning and the Town Planning Board be read into the Minutes of this Hearing. The following recommendation was received from the Dutchess County Planning Department: April 17, 1986 To: Town Board, Town of Wappinger Re: Referral 86-075, (Revised) Montfort and Nelson REzoning Parcel: 6156-02-839925 and 865914 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). The Department has condisered the proposed activity in the context of countywide and intermunicipal factors and finds that the Board's decision primarily involves a matter of special concern. The subject properties are now divided by a line separating residential (R-80) and highway business (HB -2A) zones. The portions of these properties which lie within the business zone are part of a developing commercial park accessed by an internal road extending from Old Route 9 to the properties. The portions of these properties which are within 300' of of Smithtown Road are part of a rural residential neighborhood. This request would extend the HB -2A zone across the subject properties to Smithtown Road. Approval of this zoning amendment could have the effect of releasing commercialpressures onto the adjacent lands of the residential neighborhood along Smithtown Road. Developers of either property may be inclined to establish access onto Smithtown Road that would encourage commercial traffic; buildings and associated paved areas would necessarily remove the woods that now serve as a natural buffer between the two zones; residential properties to the northwest would be bounded by the through road or by business uses, isolating them somewhat from the rest of the neighborhood and diminishing their value as residential sites. Given that the commercial park is meant to provide a site for concentrated, large-scale, non-residential uses, it would seem inappropriate to link the site with an established residentail area. The Dutchess County Department of Planning recommends that if this zoning amendment is approved, such approval should be modivied to include the following conditions: 1. No access, except a provision for emergency access if deemed necessary, should be allowed for the subject properties to Smith town Road. 2. A buffer area be required for all subject properties abutting Smithtown Road. A buffer area of fifty (50') from Smithtown Road is recommended. It is further recommended that this be an undisturbed buffer area without any parking, accessory buildings or other uses. The Town Development Plan has designated the Smithtown Road area for residential land uses. These provisions would help mitigate the adverse affects of commercial development in the residential area of SMithtown Road. This would implement the Town Development Plan goal that "Land should be distributed in a compatible arrange- ment so that conflicts between various uses are avoided." These modifications could be accomplished through a conditional rezoning. The Town Attorney should be consulted for the develop- ment of appropriate legal mechanisms to inmplement a conditional rezoning. This Department, in association with the County Attorney's office, would be able to provide assistance in this matter. Consideration should also be given to the following concerns. The width of the road right of way between the subject properties can be reduced in width if it is to be an emergency entrance; this would increase the size of the subject lots. The post and chain could be moved back to it is not visible from Smithtown Road. The emergency access road, if it is to be paved, could be constructed of a surface such as bricks and grass to minimize the visual impact on the Smithtown Road area. 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/ Richard Birch, Planning Supervisor Memo To: From: Date: Subject: Town Board Planning Board February 18th, 1986 Montfort & Nestler - Request for Re -zoning The above mentioned request was discussed at the regular meeting of the Planning Board on February 10th, 1986. The Planning Board has no objection to the re -zoning as long as it follows all the zoning regulations, but, the Board did express a major concern with the road being continued through to Smithtown Road. Thank you for the consideration. There were no other comments made either for or against the rezoning request from Montfort/Nestler. MR. REIS moved to close the Public Hearing, seconded by Mr. Farina and unanimously carried. The Hearing closed at 8:43 P.M. aktoc Elaine H. Town Clerk Snowden TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE ZONING MAP OF THE TOWN OF WAPPINGER (MONTFORT/NESTLER R-80 to HB -2A) STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on April 9, 1986, your deponent posted a copy of the attached notice of Public Hearing on a proposed Amendment to the Zoning Map of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall, Mill Street, Wappingers Falls, New York. Sworn to before me this e.A2,/ day of 1986. SZ,UA)% A.4t0(' Notary Public/ LL st Elaine H. Snowden Town Clerk Town of Wappinger InENg IBUDD Notary Public, Bunn el NI VgIP* Na. MON* anallfted In Ontonal OW* Commis,Inn WOWS IMO Os if,‘" VS. and O. D. NEWS •DISPL AY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will hold a Public Hearing on' April 21st, 1986 a17:15' p.m. at the Town Hall, Mill Street, Wapp- ingers Falls, Dutchess County, New York, on an Amendment to the Zoning Ordinance (MontforVNestler Rezoning R-80 to HB -2A), as follows: The following Ordinance was Introduced by SUPERVISOR PAINO: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, In purusance to the Authority conferred by the Laws of the State of New York, as follows: SECTION I. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcels of land from R-80 (Residential) to HB -2A (Highway Business 2 Acres) classification, said real property more particularly described as follows: PARCEL #1: Beginning at a point on the Southwester- ly line of Smithtown Road, said point being the intersection of the Southwesterly line of said Smithtown Road with the Northwester- ly line of lands of now or formerly Fritz and running thence along the'Northwesterl line of lands of now or formerly said Fritz, South 34-16-20 West 302.92 feet to a point; thence leaving said line and running over and through lands of Lot No. 4 as shown on a certain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT 8 NESTLER" and recorded In the Dutchess' County Clerk's Office as map no. 5224, the following: North 47-46-00 West 218.63 feet to a point; thence North 33-06-4 West 6.29 feet to a point on the Southeasterly line of a proposed road; thence leaving said line and running along the Southeasterly line of said proposed road, as shown on said map no. 5224, the following: North 37-10-00 East 81.92 feet to a point; thence on a curve con- vex to the Northwest having a radius of 250.00 feet and a length Northeasterly 86.05 feet to a pant; thence North 56-53-20 East 118.58 feet to a point; thence on a curve convex to the North having a radius of 25.00 feet and a length Easterly 32.88 feet to a point on the Southwesterly line of aforesaid Smithtown Road; thence leaving said line and running along the Southwesterly line of said Smithtown Road, South 47.46-00 East 129.13 feet to the pant of beginning containing 1.36 acres of land be the same more or less. SUBJECT TO THE RIGHTS OF Public Utilities of record. PARCEL #2: Beginning at a point on the Westerly line 01 Smithtown Road, said point being the In- tersection of the Westerly line of said Smithtown Road with the Southerly line of lands of now or formerly Poughkeepsie NursalonggerryY Company and running thencpe ne of Road, the .followeWesterling: South 1166.45-40 Eadt 123.17 feet to a point; thence South 33.08.40 East 14.84 feet to a point; thence on a curve convex to the East having a radius of 25.00 feet and a length Southerly 39.27 feet to a point on the Northwesterly Zine of a proposed road as shown on a cer- tain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT 8 NESTLER" and recorded in the Dutchess County Clerk's Office as map no. 5224 and running thence along the Northwesterly line of said proposed Road as shown on said map no. 5224, the following: South 56-53-20 West 113.50 feet to a point; thence on a curve convex to the Northwest having a radius 0! 310.00 feet and a length Southwesterly 106.71 feet to a point; thence South 37-10-00 West 60.43 feet to a point; thence leaving said line and running over and through lands of Lot. No. 5, as shown on aforesaid map no. 5224, the following: North 33-06-40 West 121.57 feet to a point; thence North 16-45-40 West 112.62 feet to a pant on the Southerly line of lands of now or formerly aforesaid Poughkeepsie Nursery Company; thence leaving said line and running along the Southerly line of lands of now or formerly said Poughkeep- sie Nursery Company, the following: North 64-34-40 East 88.78 feet to a point; thence North 62-30-20 East 216.02 feet to the point of beginning containing 1.27 acres of land be the same more or fess. SUBJECT TO THE RIGHTS OF Public Utilities of record PRESENT OWNERS: John Montfort and , Bruce F. Nestler Tax Grid Numbers: 19-6156-02-865914-00 19-6156-02-839925-00 Deed Recorded: Liber 1348 Page 258 ' Said described Parcels being a portion of the above owners 2.15 and 2.52 Acre Parcels bounded by the following parcels of real property: South by Poughkeepsie Nursery Company West by Smithtown Road North by Fritz SECTION II. This amendment shall become effective upon adoption, Posting and Publication, as prescribed by Town Law. Elaine H. Snowden Town Clerk Dated: April 1, 1986 Date of Publication: April 9, 1986 NY 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela. Schmitz of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the ...Bookkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year 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 . once . in each week, commencing on the .9th.. day of . Apr. . 19.86 . and on the following dates thereafter, namely on and ending on the .... 9th 19.86. both days inclusive. C day of.. April Subscribed and sworn to before me this .. . 9th day of.. April 19.86 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QIUALI;IE; IN t111T('IIESS COUNTY #14.8240760 Q COMMISSION EXPIRES Mitfiet1 30, 19. . TA