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1984-12-03 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING DECEMBER 3, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES November 19, 1984 4. REPORTS OF OFFICERS: Sup/Compt thru Oct. 84 5. PETITIONS & COMMUNICATIONS a. J. E. Railing, P.E., request confirmation of Town providing water service to 2 lot Subdivision - Parsons - All Angels Hill Rd. (CWW IA) b. Received copy of Special Franchise Assessment application for review by State Bd.of Equalization & Assessment. c. Gayle Corbin request for Speed limit on Diddell Rd. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Reimbursement Transfer requests from W & S to Gen. Fund for postage & adm. charges b. Transfer requests - reimbursement to Compt. Accnt for Floater - various departments c. Transfer requests - reimbursement to Gen. Fund Data processing accnt for Co. Computer Service -Various Depts. d. Adoption of Construction costs Inspection fee schedule e. Adopt Fee Schedule for Fire Prevention Bureau Inspections f. Adopt Special. Use Permit Amendment to Zoning Ord. g. Transfer request - Contingency to Gen. Fund h. Change order request - Hayward & Pakan - re: windows i. Co. charge for Tax bill entry - W & S unpaid bills - put on Tax roll 8. UNFINISHED BUSINESS Resignation of Amelia Crosby from Compt. position 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on December 3rd, 1984 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:02 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Gerard McCluskey, Councilman (due to illness) Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of November 19th, 1984, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the Minutes of November 19, 1984, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from Supervisor/Comptroller through October 31, 1984 and the Hydrant Report for November. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried A letter was received from John Railing requesting confirmation that the Parson Four Lot Subdivision would be served with Town water facilities from Central Wappinger Water Improvement Area. Approval from the Town Board was required by the Dutchess County Department of Health. Although Mr. Versace had no objection to the Town serving this subdivision with water facilities, he had questions on the easement agreement between Mr. Parsons and the Hilltop Water Company relating to the construction and maintenance of the water mains. He recommended that the matter be tabled to the December 17th, 1984 meeting. MR. VERSACE moved to forward a letter to Mr. Railing and Mr. Parsons requesting them to attend a work shop session on December 13th, 1984 at 7:30 P.M. for further discussion on the easement. Seconded by Mrs. Ballard Motion Unanimously Carried A Copy of a Special Franchise Assessment application for review by the State Board of Equalization and Assessment initiated by the New York Telephone Company had been received by the Town Clerk. She recommended that this be referred to the Attorney for any action he may wish to take. MR. VERSACE moved to refer the Special Franchise Assessment application to the Attorney for his review and necessary action. Seconded by Mrs. Paino Motion Unanimously Carried Gayle Corbin wrote to the Town Board, on behalf of herself and other residents of the area requesting a safe speed limit on Diddell Road and connecting roads. MRS. BALLARD moved to request the Dutchess County Department of Public Works and the New York State Department of Transportation to lower the speed limit in the North East section of the Town of Wappinger, inclusive of Maloney Road, Diddell Road and Robinson Lane to 30MPH. Seconded by Mrs. Paino Motion Unanimously Carried On a related matter, Mr. Incoronato referred to the dangerous intersection at Baxtertown Road and Chelsea Road with Route 9D. He had received numerous complaints from residents of that area on the limited visibility at that intersection which was caused by the curve just north of that site and he felt the situation warranted the installation of a signal light. MR. INCORONATO moved to request the New York State Department of Transportation to install a signal light at the intersection of Baxtertown Road and Chelsea Road with Route 9D. Seconded by Mrs. Paino Motion Unanimously Carried A last minute request had been received by Mr. Versace from a resident of Mocassin View Road and due to the nature of his problem, Mr. Versace invited him to attend the meeting to address the Board. Mr. Charles Hauerwas was recognized by the Chair and requested permission from the Town Board to tie into the Watch Hill Improve- ment Area as a tenant to that area. He explained that his well was going dry and he had two alternatives ---drill another well, or become a tenant to the Watch Hill Improvement Area. His present well was approximately 450' deep and if he chose to drill another one there was no guarantee that he would receive suffi- cient water. • MR. VERSACE moved to grant Mr. Hauerwas permission to tie into the Watch Hill Water Improvement Area subject to all conditions of the Town Tenant Policy and approval from the Dutchess County Department of Health. Seconded by Mr. Incoronato Motion Unanimously Carried Committee Reports Mrs. Ballard, Election Committee, reported that she had checked with the Board of Elections and was informed that they could perform the task of dividing Ward 4, District 3 into two separate districts. This action was recommended by Mrs. Ballard at the last meeting due to the fact that there were nearly 1,200 registered voters in this district. MRS. BALLARD moved to request the Dutchess County Board of Elections to divide Ward 4, District 3 in the Town of Wappinger into two separate districts. Seconded by Mrs. Paino Motion Unanimously Carried A report was given by Mrs. Ballard as the Town Board liaison member of the Dial -A -Ride program which provides transportation for senior citizens and the handicapped. The current schedule provides three buses on Friday for the Town of Wappinger; effective in January of 1985 this schedule will change to provide additional service to these residents. One bus will be available on Monday for local trips within the Town; a bus on Tuesday will travel to Poughkeepsie and the South Road Malls and a third bus on Friday will provide transportation for local trips in Wappinger and Poughkeepsie. Mrs. Ballard visited the Senior Citizen Center at the Knights of Columbus today to inform them of these changes. Mrs. Paino had no reports to submit at this meeting. Mr. Incoronato submitted proposed amendments to the Soil Erosion and Sediment Control Ordinance to the Board for their perusal and requested the Attorney to review these amendments and prepare the necessary documents for consideration by the Board. MR. INCORONATO moved to refer these proposed amendments to the Attorney for review and preparation of the proper documents for Town Board consideration at the December 17th, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Incoronato referred to correspondence received from the New York State Department of Environmental Conservation relating to their designation as lead agency in the matter of the Chelsea Pump Station Reactivation which involves the removal of up to 300 million gallons per day during water supply emergencies. -They have requested a liaison from the involved municipalities to participate in their proposed work sessions, Mr. Incoronato volunteered to act in this capacity since he is concerned with this proposed activity, plus the fact that the Pumping Station is in his Ward. MR. VERSACE moved to appoint Mr. Incoronato as liaison between the Town of Wappinger and the New York State Department of Environmental Conservation concerning the Chelsea Pump Station Reactivation. Seconded by Mrs. Ballard Motion Unanimously Carried It was brought to the attention of the Town Board by the Town Clerk that three errors were made by the paper in the publication of the Notices of Public Hearings on Local Laws for Water and Sewer Rates. One was a minor error in the title of the Wappinger Sewer Improvement Area #1, however the other two significant ones in the amounts of the errors were rates of two of the districts. It was the Attorney's recommendation that the three notices be republished and the Board change the dates of the Hearings. MR. VERSACE moved to set Public Hearings on the three proposed Local Laws for Water and Sewer Rates on December 17, 1984 at the following times: Wappinger Sewer Improvement Area #1 at 7:20 P.M., Mid -Point Park Sewer District at 7:30 P.M. and Central Wappinger Water Improvement Area, Commercial Rates, at 7:45 P.M. Seconded by Mrs. Paino Motion Unanimously Carried ( See Meeting of November 19th, 1984 for full text) Resolutions ---- MR. VERSACE moved to table 7a. Reimbursement Transfer Requests from Water and Sewer to General Fund for Postage and Administra- tive Charges and 7c. Transfer Requests - Reimbursement to General Fund Data Processing Account for County Computer Service, to the meeting of December 17, 1984. Seconded by Mrs. Paino Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN PAINO Who moved its adoption: RESOLVED, that the sum of $3,996.30 be and is hereby transferred to account A1315.1, such sum to be transferred from A 1355.1 A 1330.1 B 3620.1 B 3620.1: B 8020.1 $ 3,069.00 103.95 400.95 351.45 40.95 for personal services rendered related departments and previously charged to and paid from account A 1315.1 Note: These are the hours that were worked by the floater in the various departments for 1984. 4 Seconded by Mrs. Ballard Motion Unanimously Carried The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, by resolution of this Board on or about June 11, 1973, the said Town Board authorized certain fees to be charged relative to inspection of improvements of property in the Town of Wappinger; and WHEREAS, the land subdivision regulations of the Town of Wappinger provides that developers or subdividers shall pay the Town the cost of inspection; WHEREAS, the cost of such inspections was determined to be 4.5% of the estimated cost of a project as determined by the engineer to the Town; and WHEREAS, the Town Board of the Town of Wappinger wishes to confirm the said inspection charges and to more specifically detail the same, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the fee for inspections be equal to 4.5% of the estimated cost of a project as determined by the engineer to the Town. 2. That 0.5% of the said inspection fees be allowed to the Town for administration. 3. That such inspection fees shall be based on all construction costs associated with engineering inspections and certifications of all types of construction, including roadway clearing; roadway construction; roadway paving; roadway right-of-way and all associated utilities in the road right-of-way such as storm drains, sanitary sewers, water mains, appurtenances and water services, curbing, erosion control and maintenance, street signs, surveyors monuments, and "as built" drawings, however, such construction costs of those items as set forth above shall not be limited specifically to those items but may vary depending upon the construction variations. 4. The said construction costs fee schedule shall be updated on a yearly basis as determined by the Town Board. Seconded by: Councilman Incoronato Roll Call Vote: 4 Ayes 0 Nays A Public Hearing having been held on December 3rd, 1984 on a Fee Schedule for the Fire Prevention Bureau, the matter was now placed before the Board for their consideration.. The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: BE IT ENACTED AS FOLLOWS: 1. The fee for an inspection of a small business (anything under 2,500 square feet of space) shall be the sum of $20. 2. The fee for inspection of multiple residences shall be the sum of $50.00. 3. The fee for inspection ofrimobile home more than ten units shall be $50.00. 4. The fee for inspection of mobile home ten units or less shall be the sum of $20.00 5. In the event one reinspection is to be there shall be no charge for such reinspection. 6. In the event a,second reinspection is necessary, the fire inspector is authorized to issue a citation to the owner and/or operator for Court proceedings. parks containing parks containing made thereafter, Seconded by: Councilwoman Paino Roll Call Vote: 4 Ayes 0 Nays Mr. McCluskey ---Absent A Public Hearing having been held on December 3rd, 1984 on an Amendment to the Zoning Ordinance Relating to Special Use Permits, the matter was now placed before the Town Board for their considera- tion. The following Ordinance was introduced by COUNCILMAN INCORONATO who moved its adoption: BE IT ENACTED AS FOLLOWS: That Section 432 entitled, "Application for a Special Permit", shall be amended to read as follows: 432. Application for a Special Permit "Application for required special permits shall be made to the Zoning Board of Appeals. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and unless so endorsed shall not be entertained by said Board. The Zoning Board of Appeals (ZBA) shall have original jurisdiction for granting special permits based on the provisions of this section. The ZBA may impose whatever reasonable land use conditions and provisions it deems necessary to reflect the spirit and intent of the Town Development Plan and/or Zoning Ordinance. The Zoning Board of Appeals, after public hearing with the same notice required by law for zoning amendments, shall, within sixty (60) days after the final hearing, file with the Zoning Administrator a decision on said application. All approved special use permits will be subject to Section 450 of the Town Zoning Ordinance for site development plan approval. The applicant may grant extensions of either of the above stipulated review periods, provided, however, that any extension of time granted to the Planning Board shall equally extend the time to act for the Zoning Board of Appeals. The Board of Appeals may authorize the issuance of a permit, provided it finds that all of the following conditions and standards stated, but not limited to, have been met", and BE IT FURTHER ENACTED: That Section 434 entitled, "Review by Other Agencies", be amended to read as follows: 434. Review by Other Agencies "Upon receipt of a completed application for a special permit, the ZBA may request written comments or a brief advisory report from the Planning Board for any concerns they may have concerning the proposed site development plan. Where such requests are made, the Planning Board shall respond to the ZBA within 45 days from the date such referral is received by the Planning Board Secretary. The ZBA may forward, where determined appropriate, one copy each of the application to the Town Engineer, the Superintendent of Highways, the Wappinger Environmental Council, the Fire Prevention Bureau, the Dutchess County Soil and Water Conservation District and the Dutchess County Department of Health; in addition, copies shall be forwarded to the Dutchess County Planning Department when such proposed development abuts a State or County Highway, park, drainage channel or building site, and to the Clerk of any aubtting municipality where the property proposed for such development is located within five hundred (500) feet of such municipality, and other agencies, the New York State Department of Environmental Conservation, which may have jurisdiction, together with a request for review and report by said agency. Each agency may submit a report, including its recommendations, which report, if it is to be considered, should be returned to the ZBA within thirty (30) days of the date such referral was submitted", and BE IT FURTHER ENACTED: That Section 450.1 be amended to read as follows: 450.1 Approval Required "No building permit shall be issued and no structure or use shall be established, other than one (1) one -family dwelling, except in conformity with an approved site development plan, and no certifi- cate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure", and BE IT FURTHER ENACTED, That a new section, to be numbered 450.51, be added to read as follows: 450.51 Application to Building Inspector "Following site development plan approval, application shall be made to the Building Inspector for a building permit". Seconded by: Councilwoman Paino Roll Call Vote: 4 Ayes 0 Nays Mr. McCluskey---Absent- The cCluskey---Absent- The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: RESOLVED, the sum of $132.56 be and is hereby transferred from Account CF 1990 Contingency, such sum to be distributed as: $ 7.56 to account A 6410.4 (publication of FRS hearing) 125.00 to account A 7550.4 (handicapped port -8 -john for Community Day) Seconded by: Councilwoman Ballard Roll Call Vote: 4 Ayes 0 Nays Mr. McCluskey ---Absent 9 A change order request was received from Hayward and Pakan relating to the type of windows for the new Town Hall. Mrs. Paino preferred to table this matter for additional information from the architect on a cost analysis of the two types of windows to determine if the proposed ones were of comparable value and quality. Although Mr. Kane stated that there would be no additional charge to the Town, Mrs. Paino pointed out that the new windows could be less expensive and result in a savings to the Town and the tax- payers. She was also interested in a comparison of the proposed window and the one originally specified regarding insulation, size and construction. Another concern was whether an employee could safely exit through these windows in case of fire since only the lower portion of the window opened. In view of the fact that the windows would not be installed until July of 1985, she requested the Town Board to defer action on the change order until this information was compiled by Hayward and Pakan and forwarded to the Board for their review. Mrs. Ballard commented that these items were addressed by Mr. Kane and she had no problem with approving the change order at this time. Mrs. Paino moved to table action on the change orderrrgquett:for further information from Hayward and Pakan. Motion Failed for Lack of a Second MR. INCORONATO moved to approve the change order request for a different type of window for the new Town Hall, as recommended by Hayward and Pakan. Seconded by Mrs. Ballard Roll Call Vote: 3 Ayes Mrs. Paino---Nay, Mr. McCluskey ---Absent Motion Carried Mrs. Paino clarified her "Nay" vote by stating that there was not enough information available to make an intelligent decision. The next resolution placed before the Board for their consideration related to County charge for placing unpaid water and sewer bills on the Tax Roll for 1985. MR. VERSACE moved to table action on this resolution to the meeting of December 17, 1984. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Crosby submitted her formal resignation to the Town Board from her position as Comptroller to the Town, effective January 1st, 1985. MR. VERSACE moved to accept Mrs. Crosby's resignation with regret and best wishes for her retirement. Seconded by Mrs. Ballard KLA., Motion Unanimously Carried There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. Ballard and unanimously carried. The Meeting adjourned at 8:43 P.M. Reg. Bimonthly Mtg. 12/3/84 a.uA 2 C,11(-51kiC9"L Elaine H. Snowden Town Clerk P1„ r fia' (\ ,t- ,'"v?jHAYWARD ANO PAKAN ASSOCIATES _NGINEERS ARCHITECTS SURVEYORS COIt) RECEI°f =O SUPERVISCT' E TOWN OF 1;,. November 27, 1984 :NOV 2 8 1984 Mr. Francis J. Versace Supervisor, Town of Wappinger Town Hall Mill Street Wappingers Falls, NY 12590 Re: New Town Hall Facility Dear Mr. Versace, HAROLD HAYWARD. PE WALTER S. PAKAN PE. DONALD G.TOMLINS. PE. WILFRED A. ROHDE. PE. ROGER A MASTRI. Ls JOHN v KANE III.R A . AIA PETER R CANTUNE. PE. CHARLES E USCUM. R A. As a part of our follow-up review of components to be used in the Town Hall, we nave met with a representative of the window fabricator. One of the items discussed was the operation of the windows, specifically casement (vertical hinges, out -swinging) versus projected (horizontal hinges, in- or out -swinging) type. Upon consideration of the considerable merits to each type, we recommend that the operable windows, except those in the Courtroom, be changed to the hopper (in -swinging) projected type with a fixed glass panel above: A commeraal casement window wlitf tuDular conStrucbon. 2" aeeb frame. A Cornrrteroal Orolected. tubular con- structed thermal wlnaow with a 2" frame. This window confiauration will have less vent perimeter with reduced air infil- tration and therefore energy savings can be realized. Maintenance would be re- duced due to somewhat simplified hardware and smaller screen size. Also the clear, non -screened view area will be increased. The window supplier has agreed, as a part of this change, to supply all windows with thermal breaks in the framing which will mean a further energy savings and reduced chance of condensation on interior surfaces of the metal framing. This change will be at no additional cost to the Town and the difference in appearance is negligible. On this basis we suggest the Town approve the change as soon as possible so that a change order can be issued and fabrication order placed. Page 1 of 2 321 MAIN MALL POUGHKEEPSIE, N.Y. 12601 914-454-9440 HAYWARD AND PAKAN ASSOCIATES Mr. Francis J. Versace November 27, 1984 Supervisor, Town of Wappinger page 2 If there are any questions, or you require further information, please call. Very truly yours, HAYWARD AND PAKAN ASSOCIATES John V. Kane III Architect JVK :hgd p A Public Hearing was held by the Town Board of the Town of Wappinger on December 3rd, 1984, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a Resolution Setting a Fee Schedule for the Town of Wappinger Fire Prevention Bureau. Supervisor Versace opened the Hearing at 7:36 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Gerard McCluskey, Councilman 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). Mr. Versace asked for comments from the public either for or against the proposed Fee Schedule. Bud Pottenburgh, Chairman of the'Fire Prevention Board was in favor of adopting the Fee Schedule as presented at this time, however, he suggested that an amendment be made at a later date to charge the sum of $50.00 for large businesses of 2,501 square feet and over. There were no other comments made either for or against the Fee Schedule. MR. VERSACE moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Public Hearing closed at 7:39 P.M. OJAkL 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 RESOLUTION SETTING FEE SCHEDULES ON BEHALF OF THE FIRE PREVENTION BUREAU 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 November 21st, 1984, your deponent posted a copy of the attached notice of Public Hearing on a Resolution Setting Fee Schedules on Behalf of the Fire Prevention Bureau, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this v-41 day of b9k-- 1984. �LTQo Notaryblic alma NEWS DISPLAY ADVERTISING 914 297-3723 84 EAST h1AIN STREET—WAPPINGERS FALLS .Y CLASSIFIED ADVERTISING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing{vlll be held by the Town of Wapping., Town Board on the 3rd day of December 1984 at 7:30 P.M. at the Town Hall located on MITI Street, Wappingers Falls, County of Dutchess and State of New York, concerning the passage of a resolution In behalf of the Fire Prevention Bureau of the Town of Wappinger to set Iraq schedules as follows: BE IT ENACTED AS FOLLOWS: 1. The fee for an inspection of a small business (anything under 2,500 square feet of space) shall be the sum of 820.00. 2. The fee for inspection of multiple residences shall be the sum of 850.00. 3. The fee for inspection of mobile home parks containing mon than ten units shall be 150.00. 4, The fee for Inspection of mobile home parks containing ten units or less shall be the sum of 820.00. 5. In the event one reinspection Is to be made thereafter, there shall be no charge for such relnepection. 8. In the event a second reinspection Is necessary, the fire inspector Is authorized to Issue a citation to IM owner and/or operator for Court pro - Pak TAKE FURTHER NOTICE, that all Interested persons will be heard at the above stated time and place. BY ORDER OF THE TOWN BOARD Elaine H. Snowden Town Clerk Dated November 8th, 1964 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchcss, 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 ..aookkeeper 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 ... ere.... weeks successively . . . in each week, commencing on the . 11.411. day of . ;:roz. • 19.•.1-1 . and on the following dates thereafter, namely on •and ending on the 14th day of. . ;:a'Gelxber• 19.04- both days inclusive. 474 Subscribed and sworn to before me this ....14tih • .. day of. 4,ovember• 19. .3L. My commission expires Notary Public ALBERT M. OSTEN NOTARY PUBLIC. STATE CF f!EW YORK QUALIFIED IN 1)11fi,i{ :,.. OI:f:i1 414.8240760 QQb COMMISSION EXPIRES MARCH 30, 19110 A Public Hearing was held by the Town Board of the Town of Wappinger on December 3rd, 1984 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Amendment to the Zoning Ordinance Relating to Special Use Permits. Supervisor Versace opened the Hearing at 7:50 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Gerard McCluskey, Councilman 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). Mr. Versace asked for comments from the public either for or against the proposed amendments. There were no comments made either for against the amendments. MR. VERSACE moved to close the. Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:52. P.M. at41•Igt4 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 ORDINANCE (SPECIAL USE PERMITS) STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: SS: 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 November 21st, 1984, your deponent posted a copy of the attached noticy of Public Hearing on an Amendment to the Zoning Ordinance (Special Use Permits) on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before this _Z i.-ek day of 1984. -o Notar. Public J. Elaine H. Snowden Town Clerk Town of Wappinger DISPLAY ADVERTISING czi . D. NEWS CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS, j,y 12590 NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN, that a Public Hearing will be held by the Town , of Wappinger Town Board on the 3rd + day of December 1964 at 7:45 P.M. at the Town Hall located on Mill Street,! Wappingers Fall. County of Dutchess and State of New York, concerning pro- posed amendments to the Zoning Or• dlnance of the Town of Wappinger as follows: BE IT ENACTED AS FOLLOWS: That Section 432 entitled "Applica- tion for a Special Permit's shall be amended to read as follows: 432. Application bra Special Penni. Application for required special per- , mita shall be made to the Zoning Board of Appeals. Each such application shall •) be examined first and endorsed for completeness by the Zoning Ad- ministrator and unless so endorsed shall not be entertained by said Board. The Zoning Board of Appeals (ZBA) shall have original Jurisdiction for gran. ting special permits based on the provl• .ions of this section. The ZBA may im- pose whatever reasonable land use conditions and provisions it deems necessary to reflect the spirit and In- tent of the Town Development Plan and/or Zoning Ordinance. The Zoning Board of Appeals, after public hearing with the same notice re. qulred by law for zoning amendments shall, within sixty (80) days after the final hearing, file with the Zoning Ad- ministrator a decision on said applies. tion. The applicant may grant extensions of either of the above stipulated review periods provided, however, That any ex- tension of time granted to the Planning Board shall equally extend the time 10 act for the Zoning Board of Appeals. The Board of Appeals may authorize the issuance of a permit, provided It finds that all of the following condi. tions and standards staled, but not limited to, have been met:" and BE IT FURTHER ENACTED: That Section 434 entitled, "Review by Other Agencies" be amended to read as follows: 434. RavI.w by Other Agencies "Upon receipt of a completed ap- plication fora special permit, the ZBA may request written comments or a brief advisory report from the Planning Board for any concerns they may have concerning the proposed site develop• ment plan. Where such requests are made, the Planning Board shall res. pond 10 the ZBA within 45 days from the date such referral le received by the Planning Board Secretary. The ZBA may forward, where determined ap- propriate, one copy each of the applica- tion to the Town Engineer, the Superintendent of Highways, the Wap- pinger Environmental Council, Firs Department, the Dutchsss County Soil and Water Conservation Dlulrlcl, and the Dutchess County Department of Health; in addition, copies shall be for- warded to the Dutchess County Plann- Ing Department when such proposed development abuts a State or County Highway, park, drainage channel or building site, and to the Clerk of any abutting municipality when the proper- ty proposed for such development Is located within five hundred (5610) feet of such munldlpallty, and other agencies, the New York State Department of En- vironmental Conservation, which may have jurisdiction together with a re quest for review and report by said agency. Each agency may submit a report, Including Its recommendations which report, If 11 le 10 be considered, should be returned to the ZBA within thirty (30) days of the date such referral was submitted." and BE IT FURTHER ENACTED That Section 450,1 be emended to read as follows: 450.1 Approval Required No building permll shall be Issued and no structure or use shall be selablIehed, other than one (1) one - family dwelling, except In conformity, with an approved site development plan, and no certificate of occupancy for such structure or use shall be Issued until all the requirements for such approval and any conditions at. Inched Menlo have bean mel. The con- tlnusd validity of any certificate of oc- cupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same ap- proval procedure." and BE IT FURTHER ENACTED ,. That a new section, to be numbired 450.51, be added to read as follows: 450.51 Application to Building In- spector vallIapicnmntltap- proapplication ado the Building Inspector for a building per- mit." PLEASE TAKE FURTHER NOTICE that all Interested persons will be heard at the above staled lime and place. BY ORDER OF THE TOWN BOARD Elaine H. Snowden Town Clerk Dated: November Sth,1954 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Uicela 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 Bool:keosier 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 .... 9PP... weeks successively .: , .c; ; . . in each week, commencing on the . 14t I, day of . 19.84 . and on the following dates thereafter, namely on .and ending on the 14th .. , . day of. i.o:.1.1„1.r,1.• [9. 4 . both -days inclusive. Subscribed and sworn to before me this ...1!l t... , .. day of.. I.P.vej:.11ol• 19. Lt ate. Notary Public My commission expires c:,rLN NOTARY r-uii,C o; UUEW rnl;lc Qtlni,i ;E.i ,N r ] 4.C240760 COMMISSION EX;'1fi[3 MARCH 3(1, 19...