1983-09-12 RGMThe Regular Meeting of the Town Board of the Town of Wappinger
was held on September 12th, 1983 at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:00 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rddolph Lapar, Engineer to the Town
Kenneth Croshier, Highway Superintendent
Mr. Diehl asked those present to stand for the Pledge of Allegiance
to the American Flag.
The Minutes of the Regular Meeting of August 8th, 1983 and the
Special Meetings of July 13 and August 22nd, 1983, having previously
been sent to all Board Members, were now placed before the Board
for their consideration.
MR. MCCLUSKEY moved that the above stated Minutes be and they are
hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports were received from the Town Justices for August, Receiver
of Taxes for July, Building Inspector/Zoning Administrator for
August, Supervisor/Comptroller thru July 31, 1983 and the Hydrant
Report for August.
MRS. MILLS moved to accept the reports and place them on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Pauline Brannen, Arts & Crafts Teacher
with the Dutchess County Association of Senior Citizens. She
was requesting, on behalf of the Knights of Columbus Drop -In
Center, that the Town Board allocate $1,500 annually from the
Federal Revenue Sharing Fund to assist them financially.
MR. JOHNSON moved that this communication be considered as input
for the Federal Revenue Sharing Fund Public Hearing and included
in the workshop" sebsion on -the regulat'. budget, -
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. and Mrs. Andrew Tullis wrote to the Board concerning swimming
facilities for the senior citizens.
Mr. Diehl had forwarded this letter to Mr. Maurer, Chairman of the
Recreation Commission recommending that they look into the possibil-
ity of sponsoring a program for this activity for senior citizens
with Deer Hill Center, Town of Wappinger, All Sports in the Town of
Fishkill or the new proposed Sports Center on Route 376 in this Town.
MR. DIEHL moved that the Recreation Commission review this matter
and submit a report to the Town Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Reverend Larry Bowden, Mid -Hudson Christian
Church requesting a waiver of fees relating to a special use permit.
Reverend Bowden was present and informed the Board that the Church
intended to purchase property on All Angels Hill Road and it was his
understanding that non-profit organizations may ask for a waiver of
such fees.
MR. JOHNSON moved that the special use permit fees be waived on the
application of the Mid -Hudson Christian Church.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. & Mrs. Donald Grossman, Robinson Lane wrote to Mr. McCluskey
concerning a dangerous curve on that road which was causing some
damage to their property. The letter was copied to all Town Board
members at their request. Mr. McCluskey reported that he had
visited that area with Mr. Croshter and admitted that it was a
dangerous curve, however he felt it was marked sufficiently. In
an attempt to further alert the motorists using this road, Mr.
Croshier put up additional arrows and Mr. McCluskey hoped this
would alleviate the problem. Mr. Johnson added that he had also
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visited the area with Mr. Croshier and they agreed that a further
possible remedy would be to improve the line of sight approaching
the curve by cutting back the growth at the shoulder of the road
to a greater width.
Mr. Lapar reported on the repair of sewer lines and man holes
of the Rockingham Sewer District (performed for Carmel Heights
Sewer District) and confirmed that the work had been completed
to his satisfaction.
MR. MCCLUSKEY moved to accept this report and place it on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A second report from Mr. Lapar was in regard to a meeting on
Community Development Block Grants held on August 9, 1983 with
Supervisor Diehl, Comptroller Cuatt and Edward O'Conner, Grants
Coordinator for the Dutchess County Department of Planning.
The Community Activities Building (applied for under this grant)
must be coordinated with the proposed Town Hall plans and Mr.
Lapar reiterated his concern that the Town could lose the grant
if the plans were not submitted in the required time frame.
Mr. McCluskey responded that he had estimated construction tcosts
on the proposed Town Hall which would be given under Committee
Reports, however, it was their intent to legally commit monies
for this project before the end of the year which he said was
necessary to do in order to receive the grant.
MR. MCCLUSKEY moved to receive this report and place it on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Bids on the Water Meter Installation Contract had been tabled
from a previous meeting for further review by the Attorney.
MRS. MILLS moved that the bid for the installation of water meters
be awarded to Central Installation Company, low bidder, subject to
the Attorney's approval of the Performance Bond, and further moved
to authorize the Supervisor to sign the contract.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Adams wrote to the Board recommending that they release
monies being held in escrow for DWS Holdings Company relative
to completion of work at Mocassin Hill, in the amount of $5,000.
Both Mr. Croshier and Mr. Lapar concurred with this recommendation.
MR. JOHNSON moved to approve the release of the escrow money in
the amount of $5,000 to DWS Holdings Company, as recommended by
the Attorney, the Engineer and the Highway Superintendent.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Diehl wrote to the Board recommending re -striping of Town
roads at a cost not to exceed $3,000 and requested that this money
be expended from the Federal Revenue Sharing Fund.
MR. JOHNSON moved that $3,000 be appropriated from the Federal
Revenue Sharing Fund to restrip the Town roads, under the direction
of the Highway Superintendent.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A request was received from Thomas Logan, Assessor to attend the
New York State Conference at Kutchers from September 26th thru
September 30th, 1983. It was noted that this was a certifying
conference and his attendance was required.
MR. JOHNSON moved to grant Mr. Logan permission to attend the
New York State Conference for Assessors at Town expense.
Seconded by Mrs. Mills
Motion Unanimously Carried
The Town Clerk requested the Board to consider changing the date
of the October Regular Meeting scheduledfor October 10th, 1983,
(Columbus Day Holiday).
MR. JOHNSON moved to change the date of the Town Board Regular
Meeting from October 10th to October 12, 1983, due to the holiday
falling on their regular meeting date.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Snowden's second request was for the Board to consider
setting a Special Meeting for the Town Clerk to present the
Tentative Budget to the Town Board.
MRS. MILLS moved to set a Special Meeting for October 4th, 1983
at 3:30 P.M. for the purpose of the Town Clerk presenting the
Tentative Budget fdr 1984 to the Town Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Comptroller requested the Board to set a date for a Public
Hearing on the Federal Revenue Sharing Budget and specified that
it be set in the afternoon to allow senior citizens and handicapped
people to attend.
MRS. MILLS moved to set a date of September 27th, 1983 at 3:00 P.M.
for a Public Hearing on the Federal Revenue Sharing Budget.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following Tax Reviews were served to the Town Clerk:
Benderson Development Company, Art -Tex Petroleum (2), Brack
Construction Corporation, Wenliss Park Realty, Chemical Bank
and Imperial Gardens Company (3).
MR. MCCLUSKEY moved to refer these Tax Reviews to Mr. William
Crane, Attorney with the law' firm of Rosen Crane and Wolfson,
to appear and defend on behalf of the Town of Wappinger.
Seconded by Mrs. Mills
Motion Unanimously Carried
Notices of Public Hearing were received from the Town of
Poughkeepsie, the Town of Fishkill and two from the Town of
Wappinger Zoning Board of Appeals.
MR. JOHNSON moved to receive these Notices of Public Hearings
and place them on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A News Release was received from Supervisor Diehl regarding the
loss of John T. Sloper, founder of the Sloper-Willen Ambulance
Service.
MR. DIEHL moved to dedicate the Meeting Room in the new Town
Hall, when completed, to John T. Sloper, one of the founders of
the Sloper-Willen Ambulance Service.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The next item placed before the Board for their consideration was
the reappointment of Noel Thomas Slocum whose term would expire
on the 30th of September 30th, 1983, as a member of the Board
of Assessment Review.
The following resolution was offered by COUNCILMAN MCCLUSKEY
who moved its adoption:
RESOLVED, that Noel Thomas Slocum, be and he is hereby
reappointed as a member of the Board of Assessment Review to
fill the vacancy which has occurred due to the expiration of
his term, and it is further
RESOLVED, that the said Noel Thomas Slocum is hereby
reappointed to the said Board of Assessment Review for a
term which shall expire September 30th, 1988.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
Under Committee Reports, Mrs. Mills reported on the present
emergency situation in the CWWIA which started on Labor Day
weekend when it was discovered that there was a break in the
water line behind the pump house of the former Hilltop Water
District. This factor, together with the dry spell the area
has been experiencing, and excessive use of water by the resi-
dents for
etc., has
others in
non -necessities such as
resulted in the loss of
the district complained
lawn springling, washing cars,
water to some of the residents,
of low water pressure.
After
a Special Meeting was held with Town Officials, the Engineer to
the Town and the operators of the water plants to discuss the
situation, a ban was immediately imposed by Supervisor Diehl
on the unnecessary use of water by the residents of that district,
which if strictly enforced would result in the tank filling up
to capacity.
Mr. Diehl opened the discussion to the residents present who
voiced their concerns on present and past problems with the
water, whether we have an adequate supply, which could be
determined by aquifer tests, and what did the Town intend to
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to do about additional water for future development.
After a lengthy discussion between Town Board members and
the residents, the Board assured the present that they were
addressing the problems and had various options they intended
to pursue to assure an adequate supply of water in CWWIA for
present and future users.
Mr. Croshier commented that he had observed water being used
for non -necessities in all the districts and requested that
the ban be extended to include thewhole town. Unless the
unnecessary use of'water was curtailed, he could foresee a
town wide water shortage.
Mrs.Mills continued her reports and on the Landfill Committee,
she mentioned that installing the gate at the Highway Garage
Dumpster had proved successful in putting a halt to the dumping
of garbage at undesignated times during the week and noted that
additional revenue had been collected.
On the dog problem involving Mrs. Van De Carr (Dog Control
Officer) and Richard Tallman, Mrs. Milts reported that she had
checked out the matter of enforcement of ordinances with the
Attorney, as requested by Mr. Tallman, and it was definitely
determined that the Zoning Administrator cannot enforce the Noise
Ordinance --it must be instigated by the aggrieved party and
settled in court. She added that there was a possibility that
a violation of the Zoning Ordinance existed on Mrs. Van De Carr's
property and this was being pursued by the Attorney and the
Zoning Administrator.
Mr. Tallman was present and informed the Board that a complaint
on a violation of the Noise Ordinance had been filed with the
court by Mr. Nepfel, Town Dog Control Officer and he hoped to
settle the matter once and for all.
Mrs. Mills noted that she had received a call from Dagney Morley,
Cedar Hill Road relating to a motion made in the minutes of May
10th, 1982 authorizing the installation of water and sewer
facilities in that area. These minutes included a motion which
authorbzed the Engineer to do a study to determine the cost of
such a project and when the final decision came before the Board,
this year it was agreed they would provide water and sewer
facilities to the homes in that area within the district.
Mrs. Mills asked that a letter be directed to Mrs. Morley
informing her of the decision of the Town Board, however Mrs.
Snowden noted that Mrs. Morley had visited the office and read
the minutes and was aware of their contents.
Mrs. Mills requested the Attorney to prepare a local law on
sewer similiar to the Local Law on Water which the Board had
recently adopted..A section of this law states that the homeowner
is responsible for the water line from the edge of the curb to
the home and she felt this policy should also include the sewer
lines.
The next report from Mrs.Mills referenced a request from
Sheldon Kantor regarding two homes tying into the Town sewer
system which had been referred to the Water and Sewer Committee
for review at the last meeting. This hook-up involved two homes,
Mr. Kantor at 88 Ardmore Drive and the Menger residence at 87
Ardmore Drive and due to the locality of these homes a pumping
station was required. The first request for sewer hook-up
was received back in 1976 and at that time the Town offered to
supply the pump, but advised Mr. Kantor that the installation
and operation of the pump was his responsibility. This offer
did not appeal to Mr. Kantor. Mrs. Mills approached the two
residents, Mr. Kantor and Mrs. Menger on their willingness to
wait for a sewer hook-up until a new developmant planned for
that area starts construction. They were both willing to wait
as long as they could hook into the sewer. Mr. Lapar concurred
with this solution.
On Downstream Drainage, Mrs. Mills reported that Phase I was
finished, Phase II was in progress and Mr. Lapar had submitted
the plan for Phase III.
MRS. MILLS moved that Mr. Lapar's plan for Phase III Downstream
Drainage be discussed at the next work shop session.
Seconded by Mr. Johnson
Motion Unanimously Carried
Another report from Mrs. Mills was in regard to children driving
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mini bikes on private property in the area of Rich Drive. The
residents there were under the impression that this was a
recreation area but upon checking it out, Mrs. Mills said it
turned out to be a Town easement for sewer pipes. The owner
put large rocks and mounds of dirt on the property to discourage
this activity which prompted the residents to register a complaint
with the Zoning Administrator. Mr. Tinelli, Deputy Zoning Admin-
istrator investigated the situation and reported that the owner
had a legal right to prohibit the use of his property for recrea-
tion purposes, however he directed him to level the area that he
had obstructed, for safety reasons.
Assemblyman Stephen Saland arrived at the meeting and was
introduced by Supervisor Diehl. He noted that it has been his
practice during his four years as Assemblyman to visit the Town
Boards in his district after the Assembly session to brief the
officials on the activities of the State. He briefly reported on
the State budget, the programs that had been restored and the cuts
that had been made. At the end of his report he answered questions
posed by the Town Board and the public.
Mr. Johnson reported that the Ordinance Committee had discussed
the final draft on the Ordinance for Accessory Apartments and a
copy had been forwarded to all Board Members. It would come up
for consideration by the Board later in the meeting under "Resolu-
tions".
Resolu-
tions".
Mr. Johnson read the following report from Mr. Hugh J. Maueer,
Chairman of the Recreation Commission regarding facilities for
the handicapped at Robinson Lane for which the Town had received
$14,400 under the Emergency Jobs Bill Application:
Dear Mr. Johnson:
At our September 8, 1983 meeting the Recreation Commission,
with the exception of Mrs. Mary SchMalz who was in favor of item 1
only, approved the following:
1. An additional masonry structure be erected to the north
of the "store" with lavatories for handicapped.
2. Additional masonry structure be erected to the south of
the existing "store" (20 x 20). This would be utilized to enlarge
the store as well as for storage.
3. An additional 50' x 20' covered area to the south
with a blacktop floor and roof.
We feel that item 4 regarding the screened in area should
be discussed further.
MR. JOHNSON moved that the Engineer be authorized to prepare the
plans for the bid on this project.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Johnson spoke of a discussion several months ago regarding
the County taking over the operation and maintenance of traffic
lights at intersections of town and county roads. A special
district had been assigned to the County for this purpose and
they are now maintaining the traffic light at the intersection
of Noxon and Titusville Road in the Town of LaGrange. It was
his opinion that the County should also bear the expense on the
three traffic lights in the Town of Wappinger.
MR. JOHNSON moved that a letter be directed -bp -the Dutchess County
Executive, the Chairman of the County Legislature and the Wappinger
County Legislators requesting that monies be allocated in the County
budget for the operation and maintenance of the three traffic lights
in the Town of Wappinger, namely, Middlebush Road/Old Route 9, Old
Hopewell Road/All Angels Hill Road and Myers Corners Road/All Angels
Hill Road.
Seconded by Mrs. Mills
Motion Unanimously Carried
Another report from Mr. Johnson was in regard to a drainage problem
on property owned by Mr. Frederickson at 5 Top 0' Hill Road. Mr.
Croshier had done some work to alleviate the problem and planned
to do further work during the next year. Mr. Johnson asked that
the Town Clerk inform Mr. Frederickson of this decision.
The subject of the enlargement of the culvert on Myers Corners
Road in the Losee Road area was brought up by Mr. Johnson. For
many years (as far back as 1977) the Board has requested Mr. Spratt
to enlarge this culvert due to the drainage problems in that area.
Mr. Spratt's last communication to the Board indicated that monies
were not available in the 1983 budget to do the project.
MR. JOHNSON moved that a letter be directed to the County Executive,
the Chairman of the Dutchess County Legislature and the Wappinger
County Legislators requesting that monies be included in the 1984
budget of the Department of Public Works for the enlargement of
the culvert on Myers Corners Road (Losee Road area).
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. MCCLUSKEY moved that a letter be sent to Connie Smith and
her committee complimenting them on the excellent job they did
on the Wappinger Community Day festivities.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. McCluskey reported that the project on Route 9D is nearly
completed and expressed his disappointment that the road was
not widened during the construction. He was also informed by
the project manager that the bridge at the intersection of Route
9D and Middlebush Road should be opened toward the end of October.
His next report was on the proposed Town Hall --he had received a
letter from Hayward & Pakan giving preliminary cost figures for
the building. The first floor covered an area of 12,200 square
feet ® $50.00 a square foot amounting to $610,000; a small area
on the second floor for storage, heating and air conditioning
equipment consisting of 1,450 square feet @ $40.00 a square foot,
amounting to $58,000; site preparation 150,000 square feet at 50
a foot, amounting to $75,000 --gram total of $743,000. A meeting
was scheduled for September 19th, 1983 at 3:30 P.M. with the Town
Board and the Architects to discuss the preliminary figures and
any changes they may want to consider.
Mr. Versace reported that the Water and Sewer Committee met with
Michael Tremper of Camo Pollution Control and discussed a request
from Camo to purchase a water pipe locator. The Committee recom-
mended that the Board approve the purchase of this machine.
MR. VERSACE moved to authorize Camo Pollution Control to purchase
a water pipe locator machine.
Seconded by Mrs. Mills
Motion Unanimously Carried
Two bids were received and opened by the Town Clerk on September
7th, 1983 on the Upper Hunter's Creek stream cleaning and Mid -Point
Park stream cleaning and storm drain cleaning as follows:
Wilson Excavators Inc. $10,967.50
R.G.H. Construction Inc. 13,575.00
MRS. MILLS moved to award the bid to Wilson Excavators Inc., the
low bidder, in the amount of $10,967.50 and authorize the Supervisor
to sign the contract.
Seconded by Mr. Johnson
Motion Unanimously Carried
Before the vote was taken, Mr. Versace spoke of a previous dis-
cussion on Phase II drainage concerning a pipe which had been
incorrectly placed many years ago in the area of the proposed
stream cleaning. It was his recommendation at that time that
the correct positioning of the pipe be included in the Phase II
drainage project. He asked Mrs. Mills to add this item to the
bid they were now considering. After discussion, Mrs. Mills recom-
mended that this matter be referred to Mr. Lapar for consideration
under Phase III drainage which they would be discussing at their
next work shop session.
Bids were received and opened on September 7th, 1983 on Sludge
Removal and Chemical Purchases. Three bids were received on
Sludge Removal----Lafko Associates at $60.00 per thousand gallons,
Jones Septic at $58.50 per thousand gallons and Losee Septic Services
at $65.00 per thousand gallons. The Comptroller recommended that
the bid be awarded to Jones Septic, the low bidder.
MRS. MILLS moved to award the bid for Sludge Removal to Jones
Septic at $58.50 per thousand gallons.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Cexmptroller noted that he had not received a recommendation
from the water and sewer operator relative to the chemical bid.
Three bids had been received on September 8th, 1983 on the
refurbishment of the Recreation Barn on Montfort Road.
3
Recommendations on the bid had not been received from the
Recreation Commission.
The following resolution was offered by COUNCIDWOMAN MILLS
who moved its adoption:
In the Matter of the Construction of
Improvements in Central Wappinger Water
Improvement Area in the Town of Wappinger,
Dutchess County, New York and the Maximum
Amount Proposed to be Expended Therefor.
WHEREAS, pursuant to proceedings heretofore had and taken
in accordance with the provisions of Article 12-c of the Town Law,
the Town Board of the Town of Wappinger, Dutchess County, New York,
has established Central Wappinger Water Improvement Area in said
Town and has authorized the construction of a water system,
consisting of water supply, water storage facilities, water mains,
pumping stations, and associated facilities and appurtenant
facilities and incidental improvements, in accordance with a
map, plan and report relating thereto, at a maximum estimated
cost of $3,200,000; and
WHEREAS, it now appears that the aforesaid improvement
must be modified and that the maximum estimated cost of $3,200,000
must be increased by $202,000, to a new maximum estimated cost of
$3,402,000, pursuant to Section 209-q (5) of the Town Law; and
WHEREAS, a new map, plan and report relating to the improve-
ments to be constructed in Central Wappinger Water Improvement
Area, as modified, has been filed in the Town Clerk's office and
is available for public inspection; and
WHEREAS, it is now desired to call a public hearing on
the question of increasing the maximum estimated cost to be
expended for the improvements to be constructed in Central
Wappinger Water Improvement Area, as modified, in the manner
described above, and to hear all persons interested in the
subject thereof, concerning the same, in accordance with the
provisions of Section 209-q (5) of the Town Law; NOW, THEREFORE,
IT IS HEREBY
ORDERED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. A public hearing will be held at the Town Hall,
Mill Street, Wappingers Falls, New York, in said Town, on the
26th day of September, 1983 at 6:45 P.M. o'clock P.M., EDT,
on the question of the modification of the improvements to be
constructed in Central Wappinger Water Improvement Area and
the increase in the maximum amount proposed to be expended
therefor, in the manner described in the preambles hereof,
and to hear all persons interested in the subject thereof,
concerning the same, and to take such action thereon as is
required or authorized by law.
Section 2. The Town Clerk is hereby authorized and
directed to cause a copy of the Notice of Public Hearing to be
published once in the W & S D News, the official newspaper, and
also to cause a copy hereof to be posted on the sign board of
the Town, such publication and posting to be made not less than
ten, nor more than twenty days before the date designated for
the hearing.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
1(4
The following Ordinance Amending the Zoning Ordinance (Accessory
Apartments) was introduced by COUNCILMAN JOHNSON:
(This Ordinance is attached hereto and made part thereof
of the Minutes of this Meeting)
MR. JOHNSON moved that a Public Hearing be held on September 26th,
1983 at 6:50 P.M. EDT, on an Ordinance Amending the Zoning Ordinance
of the Town of Wappinger (Accessory Apartments), at the Town Hall,
Mill Street, Wappingers Falls, New York, to hear all persons
concerning this Ordinance.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. MCCLUSKEY moved to table action on a proposed Local Law
Regulating Noises for further discussion at work shop and
consideration by the Board at the next meeting.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following proposed Local Law was introduced by COUNCILMAN
VERSACE:
This local law amends the provisions of the following local
laws providing for partial tax exemptions of real property owned
by certain persons with limited income who are 65 years of age
or older by implementing the provisions of Chapter 991 of the
Laws of 1983.
A local law amending Local Law No, 1 of 1967, Local -Law
No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 6 of 1980
and Local Law No. 7 of 1982.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York as follows:
Section 1. There shall be added to Local Law No. 1 of 1967,
Section 2 of Local Law No. 5 of 1977, Local Law No. 2 of 1980,
Local Law No. 6 of 1980 and Local Law No. 7 of 1982 a new section,
to be entitled Section 2(c) which shall read as follows:
Section 2 (c). If the income of an eligible property
owner or the combined income of the owners of the
property exceeds the sum of $10,500.00 for the income
tax year immediately preceding the date of making the
application for tax exemption and is not greater than
$13,500.00, said owner shall be entitled to a partial
exemption as follows:
INCOME NOT EXCEEDING: EXEMPTION:
$11,000.00 45%
11, 500.00 40%
12,000.00 35%
12,500.00 30%
13,500.00 20%
In administration of the foregoing, the provisions of
Section 2 (b) shall be applicable other than the provisions
limiting income to $10,500.00.
Section 2. This local law shall take effect immediately
upon adoption and filing.
The following resolution was offered by COUNCILMAN VERSACE who
moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 12th day of September, 1983,
a proposed local law amending Local Law No. 1 of 1967, Local Law
No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 6 of 1980
and Local Law No. 7 of 1982 providing for Senior Citizen Partial
Tax Exemptions, and
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
local law by the Town Board of the Town of Wappinger on the 26th
day of September, 1983 at 7:00 P.M. EDT, on such day at the Town
Hall, Mill Street, Village of Wappingers Falls, Dutchess County,
New York.
2. That at least five (5) days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger, by
the due posting thereof upon the bulletin board maintained by
said Town Clerk in the Town Hall and by publishing such notice
at least once in the official newspaper of the Town of Wappinger.
Seconded by: Supervisor Diehl
Roll Call Vote: 5 Ayes 0 Nays
At a previous meeting the Board had requested additional informa-
tion from the Comptroller on a training school at Grossingers from
September 27th through the 30th, 1983, to determine if Melva,Laffin
should be given permission to attend the school since she had been
to a prior conference this year. After reviewing the Comptroller's
report the Board agreed that it would be beneficial to the Town for
Mrs. Laffin to attend this school.
MR. VERSACE moved to waive the Town Policy of one conference per
year for employees and allow Melva Laffin to attend the training
school at Grossingers from September 27th through the 30th, 1983
at Town expense.
Seconded by Mr. McCluskey
Motion Unnimously Carried
A letter was received from the Attorney regarding a final stipu-
lation of settlement in the matter of Stotz vs. Wappinger.
to
MRS. MILLS moved to authorize the Supervisor to enter into a
Stipulation of Settlement with Stotz on behalf of the Town of
Wappinger.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from the Recreation Commission requesting
permission for Mary Schmalz to attend the National Parks and
Recreation Commission Conference next month in Kansas City.
MR. JOHNSON moved that Mrs. Schmalz be granted permission to attend
this conference at Town expense.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Versace questioned Mr. Adams on the status of the court case
with Serenity Mission. Mr. Adams replied that it was scheduled
on the September term of the Appellate Court and were waiting
for a date to appear in court and argue the case.
Mr. Versace informed the Board that he had a discussion with
Village Officials concerning their weed machine and they had
indicated that the Town would be welcome to use the machine to
clean the pond at Ye Olde Apple Orchard. Their operator would do
the work provided the Town would supply a front end loader and a
dump truck to remove the weeds from the area. They also indicated
that they would like to borrow the Town flusher when they have a
problem in the village. Mr. Johnson thought the Recreation Com-
mission should be notified of the offer and the Board agreed to
discuss the matter further at their work shop session.
Mr. Versace moved that building permits for Pizzagalli be held up
until the Board is satisfied that we are able to supply a sufficient
amount of water within the district.
Motion Failed for Lack of a Second
Mr. Adams pointed out that the Town has a contract with Pizzagalli
to provide water to them and if the Town breaks the contract they
are liable for damages. He further explained that it was a short
term contract for a sixty day period which starts with the issuance
of the building permit.
Mr. Versace pursued the matter and suggested a meeting with the
Pizzagalli Company and the other principals to discuss the problem
that exists in the CWWIA. Mr. Diehl referred this matter to the
Attorney to discuss with the principals involved in the contract.
Mr. Versace then referred to a drainage complaint that had been
received from a resident on Hamilton Road and asked Mr. Lapar
if he had checked it out. Mr. Diehl and Mr. Croshier had made
a site inspection and a letter sent by Mr. Diehl to Mrs. Hamilton
informing her that he had requested the County to investigate
the condition. Both letters are in the August 8, 1983 minutes.
Mr. Diehl moved to adjourn the meeting, seconded by Mr. McCluskey
and unanimously carried.
The Meeting adjourned at 10:58 P.M.
.0......_ A Q(0,4,
aine H. nowden
Town Clerk
Reg. Mtg. 9/12/83
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
An ordinance to authorize accessory apartments in one -family
residences occupied in part by the owner.
BE IT ORDAINED by the Town Board of the Town of Wappinger as
follows:
Section 1. It is the specific purpose and intent of allowing
accessory apartments in one -family residences to provide the
opportunity for blood related family members, particularly those of
limited income, to remain in the community either in residences
owned by them or as occupants of accessory apartments, while
providing the incidental benefit of allowing the more efficient use
of the town's existing stock of dwellings.
Section 2. The zoning ordinance of the Town of Wappinger is
amended in the following respects:
(a) In §220, add a new definition, as follows:
"ACCESSORY APARTMENT - A dwelling unit in a permitted one -
family residence which is subordinate to the principal one -family
dwelling unit in terms of size, location and appearance, and
provides complete housekeeping facilities for one family including
independent cooking, bathroom, and sleeping facilities, physically
separate access from any other dwelling unit."
(b) In §220, amend the definition of DWELLING, ONE FAMILY, to
read as follows: "DWELLING, ONE FAMILY - A detached building
containing one dwelling unit only or one primary dwelling unit and
one accessory apartment.
(c) Add a new §445, as follows:
445. SPECIAL PERMITS FOR ACCESSORY APARTMENTS.
445.1 Accessory apartments shall be permitted in all
single-family residental districts where single-family homes are a
permitted use, upon issuance of a special permit by the Zoning Board
of Appeals, subject to the conditions and limitations contained in
this local law.
445.2 No accessory apartment shall be installed or
maintained except upon Special Permit granted by the Zoning Board of
Appeals. The applicant shall file a plan in such detail as the
Zoning Board of Appeals shall prescribe with the initial application
for an accessory apartment. The application fee for a Special
Permit for an accessory apartment shall be $100. Each such Special
Permit shall be two (2) years in duration, subject to earlier
termination as provided in this local law, and also subject to
renewal upon application and after public hearing.
(a) Before such approval shall be given, the Zoning Board
of Appeals shall determine, in addition to those standards set forth
in §432, that:
1. That the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent
use districts;
2. That the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the
district wherein the proposed use is to be located or of permitted
or legally established uses in adjacent use districts;
3. That the safety, the health, the welfare, the
comfort, the convenience or the order of the town or its residents
will not be adversely affected by the proposed use and its location;
and
4. That the use will be in harmony with and promote
the general purpose and intent of the local law.
(b) In making such determination, the Zoning Board of
Appeals shall also give consideration, among other things to:
1. The character of the existing and probably
development of uses in the district and the peculiar suitability of
such districts for the location of any of such permissive uses;
2. The conservation of property values and the
encouragement of the most appropriate uses of land;
3. The effect that the location of the proposed use
may have upon the creation or undue increase of vehicular traffic
congestion on public street or highway;
4. To the necessity for paved surface space for
purpose of off-street parking of vehicles incidental to the use, and
whether such space is reasonably adequate and appropriate and can be
furnished by the owner of the plot sought to be used within or
adjacent to the plot wherein the use shall be had;
5. Whether the use, or the structures to be used
therefore, will cause an overcrowding of the land or undue
concentration of population;
6. Whether the plot area is sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof; and
(c) The Zoning Board of Appeals shall, in authorizing
such permissive uses, impose such conditions and safeguards as it
may deem appropriate, necessary or desirable to preserve and protect
the spirit and objectives of this chapter.
(d) 1. A public hearing shall be held for every
application for a special permit or renewal thereof. The Zoning
Board of Appeals shall fix a time and give at the expense of the
applicant, public notice thereof by the publication in the official
newspaper of such hearing at least ten (10) days prior to the date
of the public hearing.
2. The subject property is to be posted for a period
of not less than ten (10) days immediately preceding the public
hearing or an adjourned date thereof. Subject to rebuttal, the
filing by the applicant reciting the facts of such posting shall be
deemed sufficient proof of compliance herewith.
3. The posting of signs on subject property shall be
made in the following manner:
A. The applicant shall erect on the affected
property a sign which must be obtained from the building inspector's
office which shall be prominently displayed on the premises facing
each public street, maximum spacing of two hundred (200) feet on
center, on which the affected property abuts, set back not more than
ten (10) feet from the property line, and shall not be less than two
(2) feet nor more than six (6) feet above the grade of the property
line, giving conspicious notice that the application for special
permit for temporary two-family dwelling is pending and the date,
time and place when the public hearing will be held.
B. An affidavit of posting of the public notice
together with a copy to be filed not later than forty-eight (48)
hours prior to the public hearing on the petition, stating that
identical posters, not more than two hundred (200) feet apart, have
been conspicuously posted along the street frontage at least ten
(10) days prior to the date set for the public hearing.
445.3 Only a residence for which a Certificate of
Occupancy has been issued prior to the date of the adoption of this
§445 shall be permitted to have an accessory apartment. Any
residence built after the effective date of this local law shall not
be an eligible residence until the fifth anniversary of issuance of
its Certificate of Occupancy.
445.4 The owner(s) of the one-family lot upon which the
accessory apartment is located shall occupy at least one (1) of the
dwelling units on the premises. The Special Permit shall be issued
to the owner of the property.
(a) Should there be a violation of this local law or a
change in ownership, the Special Permit use and the Certificate of
Occupancy for the accessory apartment shall then become null and
void following a hearing before the Zoning Board of Appeals which
shall determine if such violation or change of ownership took place
unless by reason of death, in which instance the permit shall
continue until the expiration of its term provided the remaining
occupants are related. Thereafter, the tenant shall have ninety
(90) days to relocate; the second kitchen shall be removed by the
owner within sixty (60) days after the tenant leaves and the house
shall revert to a single family status. Should the new owner decide
to live in the structure and desire to continue use of the second
dwelling unit under the conditions imposed by this article, then no
later than ninety (90) days prior to expiration of the Special
Permit, or if ownership changes less than ninety (90) days prior to
such expiration, then within ninety (90) days of the change in
ownership, he shall apply to the Zoning Board of Appeals for a
Special Permit.
(b) Should an owner vacate his residence, the Special
Permit use and the Certificate of Occupancy for the accessory
apartment shall become null and void. Thereafter, the tenant shall
have ninety (90) days to relocate; the second kitchen shall be
removed by the owner within sixty (60) days after the tenant leaves
and the house shall revert to a single family status.
445.5 The owner applicant shall be required to file on
the subject property a Declaration of Covenants approved by the
attorneys to the town at the Dutchess County Clerk's Office prior to
the issuance of a Special Permit for an accessory apartment. This
Declaration shall be in favor of the Town of Wappinger and state
that:
(a) The Special Permit for an accessory apartment or any
renewal of said Special Permit shall terminate upon the death of the
undersigned or the survivor of the undersigned, or upon the transfer
of title to said premises or upon the undersigned no longer
occupying the premises as their principal residence.
(b) The new owner of the premises shall have to apply to
the Zoning Board of Appeals for a Special Permit to continue the
accessory apartment.
(c) These restrictions, covenants and conditions shall
run with the land subject to the right of the Town of Wappinger to
amend, annul or repeal any or all of the restrictions, covenants and
conditions with the consent of the said owner or owners of the
-r-
L
•
•
premises herein described and such right or privilege shall be
effectual without the consent of any adjacent or other owners or
lienors of the property.
(d) This Declaration of Covenants shall run with the land
and shall be binding upon the owners, their distributees, executors,
and administrators, successors and assigns.
§445.6 An occupant of at least one (1) of the dwelling
units on the premises shall be the father, mother, son or daughter
(including legally adopted), brother, sister, grandparent, or
grandchild of the occupant of the accessory apartment and the same
shall be the principal residence of that person. A father-in-law or
mother-in-law may continue occupancy subsequent to the death of
their child.
§445.7 Only one accessory apartment for a total of two
dwelling units per lot shall be permitted.
§445.8 An accessory apartment shall be permitted only
within the main structure and not within any accessory building or
upon any separate foundation. Additions to the residence shall be
permissible if they do not increase the building perimeter. The
character, degree and extent of any such addition shall be a factor
to be considered by the Zoning Board of Appeals in passing upon a
Special Permit application.
§445.9 An accessory apartment shall have separate access,
not observable from the street, unless there is a single access from
the front of the building with a split access inside the building.
§445.10 All building code or other requirements under
local law or ordinance and other applicable laws and regulations
shall be complied with and a Building Permit as well as a Special
Permit obtained for any changes or alterations requiring such a
permit, and a Certificate of Occupancy shall be obtained before
occupancy.
§445.11 An accessory apartment shall occupy a minimum of
650 square feet to a maximum of 35% of the existing habitable floor
space of the building in which it is contained; the two dwelling
units shall not contain more than three (3) and two (2) bedrooms or
an aggregate total of five (5) bedrooms.
§445.12 The minimum lot size for buildings containing
accessory apartments shall contain at least 20,000 sq. ft. and shall
also conform to the lot size and other zoning requirements of the
district in which the building is located.
§445.13 The building shall, to the degree reasonably
feasible, maintain the character and appearance of a single-family
dwelling.
§445.14 A residence containing an accessory apartment
shall have a minimum of four (4) off-street parking spaces and such
additional spaces, if any, necessary to accommodate all vehicles
owned and used by occupants of the dwelling. In an RM5 district, no
expansion of the existing parking area shall be permitted in order
to satisfy this off-street parking requirement. No parking areas
shall be created in front yards.
§445.15 If the premises are not serviced by a community
sewer or water system, approval of the Dutchess County Board of
Health shall be obtained before issuance of a Special Permit.
§445.16 If the dwelling is within a water or sewer
improvement district, the premises shall be subject to double the
amount of water or sewer charges applicable to the premises unless
the accessory unit is separately metered. The applicable charge
shall be the higher of the metered rate or the minimum quarterly
rate of the district.
§445.17 The granting of a Special Permit shall not
entitle the owner or any subsequent owner to seek a variance to
permit occupancy of one of the living units by a person unrelated to
an owner -occupant. Any financial investment in improvements
necessary to create an accessory apartment shall be deemed to be
fully amortized during the term of the Special Permit.
§445.18 This ordinance shall not create as a valid use
any pre-existing accessory units not conforming to a then applicable
law. A Special Permit shall be necessary for a pre-existing and new
accessory apartments.
§445.19 No Certificate of Occupancy shall be issued until
the Town Assessor has been notified in writing in the form of an
affidavit of the final costs of the improvements; the Assessor may
require documentation of costs.
Section 3. This local law shall take effect immediately upon
filing with the Secretary of State.
A Public Hearing was held by the Town Board of the Town of
Wappinger on September 26th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on the
question of the modification of the improvements to be constructed
in Central Wappinger Improvement Area and the increase of the
maximum amount proposed to be expended.
Supervisor Diehl opened the Hearing at 6:51 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, 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).
Mr. Lapar commented that he had forwarded a Map, Plan and Report
on the Central Wappinger Water Improvement Area Extension to the
Town Board on July 27th, 1983. The Hearing was being held at the
recommendation of the bonding council due to the fact that the
original bond issue was being increased by the amount of $202,000.
The report submitted shows the area to be serviced (Old Hopewell
Road and Cedar Hill Road within the Improvement Area) and the
itemized costs.
Mr. Versace added his comment that the public hearing should have
have been held before the project was approved. Now that con-
struction is under way, the Board has to authorize the increase
of $202,000 over the original bond issue.
Mr. Diehl asked for comments from the public either for or against
the subject of the hearing.
There were no comments from the public either for or against
the increase of the original bond issue on the Central Wappinger
Water Improvement Area Extension Project.
Mrs. Mills moved to close the Public Hearing, seconded by Mr.
McCluskey and unanimously carried.
The Hearing closed at 6:55 P.M.
Elaine H. Snowden
Town Clerk
Ti. and 0.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
4
• NOTICE OF
PUBLIC (}F�AARING
NOTICE 18 NEREBY•GIVEN that the ^.
iX town Board ee qro own,of Wappinger,.
atutThessown New F. meet
Town Hall, . ligan f4is; In ;
,Ous eves Cuenb York, M said
7tlwrt; a the 29�r day of September, i
1092, 'at (RAS o'c$ock P.M., Prevailing
ter the purpose of conducting a .
lic-. ng uptst•Suestion of the
modification of the Improvements to be •,
constructed, In Central Wappinger
:'• Water h. orovsrn.nt Area and the in- .
. crease , , t the maximum amount
proposed to be expended therefor, in
accordance with • new map, plan and
1°: report prepared in connection
therewith or. flie h► the office of the
cho
' of the #The maxtmumtoMti cco
sktrctsd' la Centrat Wappinger Water
ImprovsMent Area is now determined .
to be $8.402,010, an increase of
1202.000 over that previously
tauNrorlted. At said public hearing said
s Town _ Board will hear all persons in -
Wrested M the Subject matter thereof.
Falb, New York,
By Order of the
Town of the
Town of Wappinger,..,
'Dutchmen County, New York
R ., r By Elaine Snowden'.
Town Clerk'
•
•
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
BeptAc.et .Q4teo of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Co-Editor-tPubliether. . .
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 an*... weeks successively .once . .
. in each week, commencing on the ...1Athlay of .Sep.
. 19. 83. and on the following dates thereafter, namely
on
and ending on the ...lkth day of...Sep.
19.83. both days inclusive.
Subscribed and sworn to before me
this ..14th day of. ..Sep..... 19. 83
"r" -Z, • .
Notary Public
My commission expires
ALBERT M. OSTEN
NOTA!;Y PUP.: 'C. C1 ;Ew YORK
1:14 E2-40760
r.fMNISSION EXf;SLS 1,;.'04:11 30, 19.9.4
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON THE
CONSTRUCTION OF IMPROVEMENTS IN
CENTRAL WAPPINGER WATER IMPROVEMENT
AREA IN THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, AND THE MAXIMUM AMOUNT
PROPOSED TO BE EXPENDED THEREFOR.
STATE OF NEW YORK )
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 September 13th, 1983, your deponent posted a
copy of the attached notice of Public Hearing on the Construc-
tion of Improvements in Central Wappinger Water Improvement
Area in the Town of Wappinger, Dutchess County, New York,
and the Maximum Amount Proposed to be Expended Therefor,
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, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
(C►
Sworn to before me this 01/40
day of
�I
1983.
Notai"y Public
O'rriry ,'u'
AeaJ'� In ;, • '.k Syln
.r C vnh
ilArwip�r• v.AI•en bM .h 3U, I'j j�1 -
A Public Hearing was held by the Town Board of the Town of
Wappinger on September 26th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York on an
Ordinance Amending the Zoning Ordinance (Accessory Apartments).
Supervisor Diehl opened the Hearing at 6:56 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, 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).
Mr. Johnson briefly explained the intent of the Ordinance which would
allow accessory apartments in private homes on the basis of family
relationship and hardship. The Ordinance describes permit procedures
which would be processed through the Zoning Board of Appeals; it also
provides for lot size, off-street parking, Department of Health
approval and requires a review of the situation every two years.
Mr. Diehl then asked for comments from the public.
Mr. Gambino, Montfort Road, had several questions on sections of
the Ordinance. He asked about the extra charge on water, why should
this be if he was already metered. His next questions pertained to
the front door requirement --if there is an existing front,door, does
he have to change it. What abouthhe renewal every two years, is it
firmly established and would he have to pay a second permit fee of
$100.00, and would a sign have to be posted when the permit was
renewed.
Mrs. Gambino, 18 Montfort Road ---objected to the law restricting
the use to immediate family. They had converted their home to two
family due to husband's disability which had cut their income. Their
immediate family was not in need but they did have close friends who
could use help. The conversion had been done in a proper manner and
not offensive to the neighbors, why this restriction. Mrs. Gambino
also objected to the 90 day relocation clause pertaining to the
tenants of the accessory apartment if the owner should sell. In the
event her parents or her husband's parents lived with them and the
young people were transferred thereby necessitating the sale of their
home, how could you put these older people out in 90 days. She
pointed out that these examples were hypothetical since her daughter
planned to move in with them, but she brought them up for the Board's
consideration. She then questioned the Board's intended action on
illegal apartments --something had to be done—there were too many
existing ones.
John Fiore, 10 Gold Road, asked the Board if they had the staff
available to enforce the rules and regulations of the law. He
knew of other ordinances on the books that were not being adhered to,
and did not want to see another one added to the list. He had to
remove a boat from his front yard and when he rides through the Town
he sees obvious violations such as the one he was cited for. He
questioned why they are not being checked out by the Zoning Adminis-
trator.
Marilyn Fiore, 10 Gold Road, also felt that the Zoning Administrator
should be checking on these violations. She then asked if the law
mandates removal of the second kitchen when the tenant leaves, or
when the family sells the house. Her next question was in regard to
the number of people allowed in the accessory apartment and the number
of rooms allowed.
Mrs. Gambino suggested to the Board that they check the files of
Multiple Listing Real Estate for the past ten years they will find
many mother -daughter homes that'have been sold and if they wanted
to research they could hire someone to check out the number of
illegal apartments that exist in the Town of Wappinger at present.
Ann Bell, 19 Boxwood Close, had a question on the door requirement.
She has an existing door which is accessible to the apartment, but
what about another door on the side of the house or in the back for
fire emergency reasons. Mrs. Bell had a question on the sale of a
home with an accessory apartment ----if the house was sold to a person
with the same circumstances and needed the apartment, could the kitchen
be left intact and the new owner be able to apply for a permit for the
apartment. It didn't make sense to her to tear out the kitchen if the
new owner intended to use the apartment legally. Another question
from Mrs. Bell was in regard to the permit---if the house is sold
does the seller have to turn in the permit which would inform the
Town that the house would revert back to a one family status.
Bernice Mills, Councilwoman, questioned the section requiring double
rates on water and sewer charges for those homes with accessory
apartments within a Town water or sewer district. If the rates were
double for those within a district, what would be charged for those
who are tenants to the district. She also requested a clarification
of off-street parking.
Mrs. Gambino brought up another point--if her parents were living
with her in the accessory apartment and visited her sister in Florida
for the winter months, why should she be stuck paying double water
charges when they were not there. She asked the Board how they
intended to adjust the rates in such a situation.
Bob Peterson, 36 Brothers Road, spoke of an unfortunate experience--
his mother who was ill lived with him and when she died his cousin
from out of state came to live with him. The Building Inspector
evicted this man from his home and mandated the removal of a partition
which separated the apartment from the main living quarters. He
also had to seal off an exit from the apartment. He objected to the
fee being charged to those who applied for a permit for mother-
daughter apartments. If the house was sold, the new owners would
have to pay another fee to use the apartment permit, if they intended
to use it for these purposes. Another statement he made referred to
the rezoning on Myers Corners Road for the IBM building which, in his
opinion, ruined the surrounding area. The Town Board allowed this
rezoning but if he wanted to make his home into a two family residence
(which he stated he no intention of doing) he was not allowed to do
it. He was discriminated against because he didn't have a voting
block.
Mrs. Gambino spoke on the requirement of posting a sign on the
property ten days prior to the public hearing on an application for
an accessory apartment. Suppose one neighbor who had ill feelings
toward you, objected to this proposed apartment, how would the Board
make a decision if such objection was made known to them.
Mr. John Fiore, 10 Gold Road, brought up the double water charge
requirement. Why would this be applied in a case where the same
amount of people were living in the house as there were when the
normal rate was being charged. For example, there were four in his
family, now the children were out on their own and hie parents were
now living there ---still four people using the same amount of water.
He didn't understand why the rates should change if the water usage
hadn't changed. He explained that this was just an example and had
the committee considered this when they drafted the law.
Helen Peterson, 36 Brothers Road, questioned if she would be subjected
to additional rates on water since they had an apartment vacant for
three years and the kitchen was not in use.
Mrs. Gambino asked the Board if they would consider cousins and
nephews eligible as tenants for the accessory apartment.
Ann Bell, 19 Boxwood Circle, added for the benfit of thosspresent
that she had brought about the Board's consideration of such a law.
She had taken her parents in to live with her for hardship reasons.
An irate neighbor complained to the Zoning Administrator and when
her parents faced eviction, Mrs. Bell sought relief through the
Town Board. She had worked with the Board at one of their work
shop sessions and commended the Board for the time and effort put
in to this law. In her opinion, they did a good job.
Anna Young, Fowlerhouse Road, asked if she added two rooms to her
home and shared a kitchen with the people moving in, would there be
a problem.
Mr. Diehl asked the residents how they felt about this law, were
they in favor of it or did they feel the Board should bring it back
to the drawing board before taking action on it. There were no
definite objections from the public; they all seemed in favor of
having such a law although some had concerns about specific require-
ments.
During the public hearing, questions and concerns brought up by some
of the residents were addressed by the Board. In the case of the
double rate water charges it was explained that if the house was
metered, there would not be a double charge, the bill would be based
on the meter reading. If a second kitchen was not installed the
requirements for an accessory apartment would not apply.
Mr. Johnson commented throughout the Hearing that the concept was
new and would, no doubt, need amendments as different situations
were brought forth. Any variances of the law would be considered
by the Zoning Board of Appeals and as the applications were received
officials would note if amendments were needed. There were bound
to be flaws in the law, he continued, and these would be discovered
as the law was put into effect. The requirements were tight but they
preferred to start with such restrictions which could be broadened
at a later date.
There were no other comments from the public.
Mr. McCluskey moved to close the Public Hearing, seconded by Mr.
Johnson and unanimously carried.
The Hearing closed at 8:10 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
ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
(ACCESSORY APARTMENTS)
STATE OF NEW YORK )
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 September 13th, 1983, your deponent posted a
copy of the attached notice of Public Hearing on an Amendment
to the Zoning Ordinance of the Town of Wappinger, 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, Dutchess County, New York.
Sworn to before me this
day of 1983.
Notary ublic
VIP' '1 JR.
Kcso,h.,S'ea
flosiiir+gh th {.um?
mosayugen emote iigich 30. 1-7 40
•
Elaine H. Snowden
Town Clerk
Town of Wappinger
UIJrLAY AVVLK! OltY(,
I LHJJ/! ICU /1UY tft.I
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
• PLEASE TAKE NOTICE. that tM,c,_"1� vethat• ,not .be an eligible
following Ordinance Amending the' re*idenwvntli the fifth anniversary
0 0 A-� beam s•.na, fsrtiflcatik at
Zoning Ordinance of.• the Town oi,,:. - ,,e x.:,..;
Wapp(npe� was adopted by the Towl a,..c4464 The ov to a)t• one%'
Board of the Town of -W.PPInger at a' p4 - w is he at tes Ory $ l r
Spacial Meetingheld October 24111,,, lot upon which the accessory apart•
1983. meet b totaled .heti occupy at least
The following Ordinance was offered ' one (1) o1 lhe dwelling units on. the
by Councilman Johnson who moved its
remises The Special Permit atoll be
adoption:.
AN ORDINANCE AMENDING
THE ZONING ORDINANCE •
- OF -THEA
TOWN OF WA Ooauparrci+ for 1M acoeaeory
apatmenf shall then become null and
An ordinance to authorizeho,ize R eccessorj „ void following a Marina before the
apanmenis In. ons family msldsnca ' Zoning Board of
Appealwhich Mall
occupied In ppart byy the owner. •• determine If such v ation or change of
0w tWNEDtfY tlsb Town Board ownership took P!ec.YhieM tri, r*MQ
t;. of lbs Ana of Wap pingat as follows:
SecttOR•1. It 1e 1 specific Pu
:latelltT aF3lttloseng -.moss
is In onatemlly Nisidence*
Ma' opportunity for
Itti !morns, to- r�in
Ita
,M community either in • res
owned by them or as occupants
accessory apartments, while providing
the Incidental -benefit of allowing the
more efficient use of the town's
existing "tock of dwellings.
Section 2. The zoning ordinance of
the Town o1 Wappinger 1* amended in
the follow��in�preelects:
;22
(a) In 0, add a new definition, as
follows:
"ACCESSORY -APARTMENT • A
dwelling unit Ina prmittsd one -family
residence which is subordinate to the
principal one•tamlly dwelling unit, in
1, .terms of size, location and appearance,
and provides complete housekeeping
facilities for one family including In,
*sued to the owner of the property. •
(a) Should there be *violationof this
local lawal., change M ovmalhIp, the
lel - Permit -um and the CaS .tate
shallCohtrnus until IM sxpkatorail`ate
term provided therem.lnIno
..-•are. related. Thereafter, the tenure
.h*w•.n1Mty 0001 days to
-_aeoond kitchen ahatl Iberamoved byOtte
owner -within Sixty (ear (aye after•tM•.__
tenant leaves and . heioupshall revert
o s single-family status; Should the
row- owns,--d.old. ;.3O Hsu kV. the
structure and desire to continue use o1
the second-dwelling'unit under the
conditions Imposed by this articls then
no Isar then:nlnery (10) days prior t
expiration of the Special Permit, or If
ownership changes less than ninety
(90) days of the change In ownership
he shall apply to the Zoning Board of
Appeal* fora Special Parma. '.
(b)- Should an owner vacate his ,
mamas, the Special Permit use and
the .Certificate of 17coupanoy for .tbe
accessory apartment lken become null
and void. Thereafter, the tenant shall;
have ninety (90) days to relocate; the
dependent cooking, bathroom, and . second kneh fn ahaI I M removed by me
eteeping fachtles, phySlaslty .;; : owner. *Atkin s1xty'(80) days after the
i of•••sucn . ,ari : ne ctun ;yam oecuW
ublrCnauce.w,.�>+�•••._, Ota
In the off
nawap■ip* tat ,• v. s by hearing at Mast Nn (101 days.f>rla' of the dwell in an RM5`t area
Oat of the ublle Marino. f ewe existing P
no
public
days Immediately pr �r�t
hearing or an adjourned Gate parking areas shall be ares
th• e 2 for s per
od prep les le to en ' eem be mansion o Med In order to satisfy
hereof. puha. {t t -ting the
the t Ing .,cies
by the applicant reciting the tette of Y §445.15 I1 the premlMs are -not
such, posting shall be deemed suf., *raced by a communiOVal 01 ty sewer or
flcient proof 01 compliance herewith. water syetroap Health .11.11 to sb-
ss
3, he posting o1 signs on subject County Board
property shall be made In the following bawl before leaven* of a Spacial
manner: applicant shall erect on 44Perrn45.16 11 Inc dwelling is within a
t.
A. ops water a sewer improvement .district,
theotialaffected property •sign which must t to double
be obt*In*d from the building In- the premises *hail be subjec r charges
spector's office which shall be the amount of wateror se unless the
prominently displayed on the premises applicable to the premises
metered.
facing Both o btu street, (200) r)u1001 on - licabiit slcharrgge shall be the
satin, of two hundred tedTi1�911h0s! p
abuts,, et back
the more
ibd 11an ten (1 mtnlmum quarartY rate of IM district.
of the metered rate or the
abuts, wet back not my tine, and atoll .445.17 The granting of Special
feel from the property It hell not entitle the owner or
then tihe„
� t(ts that the application for asocial - the living units by Perms owl In•
trer•otcuP•^t•
(10) posted to a par dial not less than ten shall be pa
requirement; No
*ceding the 1111* ottatre0t parking eau ted In front
1
not be teas than toe (21 Isst na nae Perm s subsequent owner to seek ■
t .tx (6) fat
Ily
.hors the grade
of the any subto permit occupancy of ons of
Wing cotrsptuotts . variance to P.mtl a unrelated to
permit tor ampaary two lam - an ow t, meow
dwelling is ilOn the and iiMving w l - to creme an ■ apartment shill
and place wt»n the P�+bl be deemed to be fullytl Permit.htduring
a held. B. An affidavit of posting of the term of the Spashall not
the public notice tode1her with ■ copy.' .145.15 This ordinance xistlnt
t be r sped 10 liter than
hearing
on
h. crew.* orrysunitsdnuse
ott conforming to q
hours tela to the pati postern then applicable law. A Spec Perm
not more
stating that Identical 001 feel shall be necessary for a pre-existing
not more then two conspihundrecuous
y p ted and new accessory apartments.
along have been cronta e at Y Die 5.19 No Certificate of Occupancy
(1C 'the street frontage at least ten !4 t
(t Aa to the dace Mt to tile, shall a issued
iin writing Town Assessor
In 1M form
f he SaloOfI has Men Pr tationofcosts.
» day. P has been no
public
Only . fa ,pmtch a., of en affidavit et the ureal costs o1 the
Orel a rald.(ts• overvmnte;,..tM /u.e.eof,
Certificate o blot,-" *quIre documentation issued ppAA�o� to the pals of ilted to r 8.e This filing alt alts
of Rtls i�5 shall b. permNted to have .ctllmmidlatsly local shalt talo
445.3 YOssoupancy Ire
" - M It after T e effective
Any raids effect
-win after M ettect►v. ate of this. Of�`r
Count:Mi in McGusipR:
e: ` alt
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 13904CPPPPr
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 .... OLte... weeks successively .. onre.e.
. in each week, commencing on the ..26thday of . Oct..
. 19.$Z.. and on the following dates thereafter, namely
on
and ending on the .... 2ut;r� ... day of. ... Cots- • • •
19.83 . both days inclusive.
_
) t�.41
:Subscribed and sworn to before me
Ithis .. 21 th..... day of.... act. .. 19.. 8.3.
bwR
t
>aearRMiom
ll� throughout tt rtmm and that' #— been In any man
na
or annulled and that -11*-
-
in toroe•and effect and N
,!n the Moines of Mrd
se WHEREOF; 1"Save
my hand and 1Ml of
of WsPPInQer this
1
Ele1M Town perk
Town of Wapping*(
25, /953
Notary Public
y commission expires
ALU3.:RT M. OSTEN
NOTA"Y PUBLIC, STATE CF NEW YORK
QUALIF)=J I`r 0)1;;;Iif;o COUNTY
#14-8240760
COMMISSION EXPIRES MARCH 30,194
A Public Hearing was held by the Town Board of the Town of
Wappinger on September 26th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on a
proposed Local Law Amending Local Law No. 1 of 1967, Local Law
No. 5 of 1977, Local Law No. 2 of 1980, Local No. 6 of 1980 and
Local Law No. 7 of 1982 Providing for Partial Tax Exemptions on
Real Property for Certain Persons with Limited Income Over 65
Years of Age.
Supervisor Diehl opened the Hearing at 8:10 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, 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).
Mr. Versace noted that Mr. Logan, Town Assessor could not be
present at this Hearing to answer questions that the residents
may have and recommended that the Hearing be adjourned to a later
date.
MR. VERSACE moved that the Public Hearing on the proposed Local
Law be adjourned to October 12th, 1983 at 7:45 P.M.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Town Clerk was requested to notify Mr. Logan that the Public
Hearing was adjourned to October 12th, 1983 at 7:45 P.M. and request
him to be at the Hearing at said date and time.
The Public Hearing adjourned at 8:14
Otkikle IOc9
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW AMENDING
LOCAL LAW AMENDING LOCAL LAW NO.1
OF 1967, LOCAL LAW NO. 5 OF 1977,
LOCAL LAW NO. 2 OF 1980, LOCAL LAW
NO. 6 OF 1980 and LOCAL LAW NO.7
of 1982 PROVIDING FOR SENIOR CITIZEN
PARTIAL TAX EXEMPTIONS
STATE OF NEW YORK )
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 September 13th, 1983, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law Providing for Senior Citizen Partial Tax Exemptions,
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, Dutchess County, New York.
Sworn to before me this ()Zd
day of �, 1983.
/\
Notary Public
PIRGILt0 H'T'v",P`DEZ, JR.
Nvo,r fo::: ..e .v 1•uk Stets
0ee.di.1 f.. Hi ,or f,uvnh
1 �
Elaine H. Snowden
Town Clerk
Town of Wappinger
tru. d C.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
NOTICE .40 l4ERDeY QIVEN that
there �b�e,tte, duly nod w
the Town of Wappinger Dutchess •
County, New York on Sept ibsr 12th,
1963,a local law es
.AL LAW No. of 1053
• OF THE TOWN
OF WAPPINOER
This local law amends the prtiNisions
of the foliowing local taws'proWring for
partiowned bycertainceerttaint�aons of reel
hpmitedd
Incanewho are 65years
tha of age k Wer
'law amending Local lad No.
1 of 196, Local Law No.11601. 1577.
• Local Law No. 2 of 1910 Local UM No.
• 6 of 1960 and Loc*l Law MO,
of 1952.
of Mi TENACTED
own of Wa0Pintior.DOR: `'
County,New York as follows:
Sectn 1. There shall be added to
Local Law No. 1 of 1967 Section 2 of : '
Local Law.NO. 5 of 1971, Local Law No.
2 of .1960. Local Law No. 6 of 1980 and
Loci Law No. 7 of 1962 a new section
to be entitled Section 2(c) which Nall .
sad as IoNOwa:
Sectlonn 21c). 11 t11e Income,of an.
' - eligible dhow-
, lire rw.'r!
comb) tl.the owners Of
the exceeds the sem of '
8100 the Income tax year
Immediately the date of
mmr�11��pp the• ' for .Mx
epremr0•tIon and s eat than
813,500.00, said owner. shall be
` entitled to a partial exemption as
follows: -
Income Not
Exceeding .00 Exemption:
511,5500.00 s0%
$12,000.00 35%
812,500.00
813,50000 20%'
In adminloration of the foregoing,
the provisions of Section 2(b) shell be
applicable Other than 9* provisions
limiting Income to 510,500
Section 2. This local lip shalltake
effect immediately upon adoption and
nunpp.• • •
NOTICE1S FURTHER GIVEN that the
Town Board w111 conduct a Public
Hearing on the aforesaid proposed
local law at thof e p Wappingers
Hall, MITI Street,
Village
, Now Yorkkoonra�! Dutchess
rc26thh
1983 at 7:00 P.M. EDT, on such date at
which time' all parties Interested will be
heard.
15 FURTHER GIVEN that
copies of the aforesaid proposed local
law, will be available for examination
and Inspection at the office at the Town
Clerk of the Town of Wappinger M tits
Town Hall between the date of tNs
notice and the date of the public
hearing. <
- Elaine M. Snowden
Town Town of Wappinger
Dated: September 13,1963 f
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beoeltriae • Osten of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Oo•Editor.Pubi cher • '
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 tae
. in each week, commencing on the ..14thday of .e
. 19.83. and on the following dates thereafter, namely
on
and ending on the ....•h .... day of...
19.83. both days inclusive.
Subscribed and sworn to before me
this ....14th... day of. ...8ep; ... 19. $3�Y
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY KWIC, S'F.TE CF t:E1I YORK
Q'JAUEIE')!:1 tr!i!;;' "S (r114rY
1% ^240 '50 ��
f:1)M�ll'r"i;','� EXPI;::S 10,111C11 r10, 19