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1981-02-26 PHA Public Hearing was held by the Town Board of the Town of Wappinger on February 26, 1981, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the Hearing at 7;03 P.M. ipl Present: L 06, Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, 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). Although there were four sections to this Ordinance, the Board was listening to comments on Section Four pertaining to Off -Street Parking in all residential zones. Mr. Diehl commented that the Board has reviewed this situation and this hearing would be better labeled a "wake" judging from calls and comments received previously from the public. The original intent of the Board was to control the parking of commercial vehicles, however, the Ordinance as presented did not cover this particular item. Complaints received were for the large trailer trucks with refrigeration and when they are parked in residential areas, this refrigeration was left running; the objection was to the noise of the motor running all night. The way the Ordinance read it would put the little guy out of business and this was not their intent. However, since the public was at the meeting, the Board intended to hear their comments, even though they had no intention of passing this section of the proposed Ordin- ance. Mr. Diehl then asked for suggestions and recommendations from the public. Don McMillen, Chelsea Road, was against the Ordinance and suggested that the Board prepare an On -Street Parking, rather than Off -Street Parking Ordinance. Mrs. Concetta Olivieri was against the Ordinance as presented at this hearing; this could have been prevented, she stated, if they had read it before going to public hearing. It did not even mention tractor trailers. Nathaniel Masch, Old Hopewell Road ---3 commercial vehicles, no cars, farm machinery, his father started business back in 1950, it is a father son business and if the Board doesn't show concern for its people living in the Town for many years, they won't have these people around. He has to park these vehicles where he lives. Alex Stevens, Stoneykill Road, against this Ordinance on Off -Street Parking. He asked if there were ordinances on the books now relating to On -Street Parking. It was mentioned earlier that this ordinance was copied from one in the Town of Poughkeepsie ---perhaps they too have had problems with it, why not ask them for some answers. Margaret Pierson, Old Hopewell Road, has five sons, they are away at present, but are coming home. They have trucks and want to pth cabs on them ----don' tell her that these sons cannont park on her property. Ed Nimchek, Old State Road, learned from experience to check the legals to find out what was going on. That is why the Board re- ceived phone calls --they spread the word. Years ago noone knew what was going on, a handfull of people passed the laws. Perhaps if noone was present tonight, this law would have been pushed through. Don McMillen said the reason these vehicles are being brought home is because of the problems of today, the price of gas, the trucks are being ripped off. You have to protect your property. The following people spoke on the same subject and were against the Ordinance: Mrs. Grecco, Bill Niese, Mr. Dyson, Mr. Crawford, Paul Forget who passed pictures around and complained of the trucks and asked that the Board pass some kind of an ordinance. Arthur Platt thought the Noise Ordinance ought to be some kind of help if it were enforced. Jim Collins thought they could post signs on some streets where these trucks could be parked. Steve Bottini, Chelsea Road, didn't think the Town did enough for the people, all they want to do is pass laws to hurt them. Roger Humeston complained about the size of the legal advertisement in the paper, it should be larger so people could see it. Marie Forget felt they should keep the trucks off the street; its worse in small developments. Jack Walsh, 3 Maxwell Place, parks his truck in the driveway for four years, couldn't afford to pay to park it somewhere or put up a shelter for it. If he could put up a shelter, the house would look more commercial than it does now. George Liebermann, Deputy Building Inspector, stated that he took care of one violator who parked on Hopewell Road; he was parked there two weeks ago, he hasn't been there since and he won't be. The other residents differed with this opinion, they told him it was back in the same spot again. Others spoke again but it was repetitious and Mr. Diehl said he heard them all loud and clear and there would be no action taken by the Board to approve this ordinance. Mrs. Mills moved to close the Public Hearing, seconded by Mrs. Reilly and unanimously carried. The Hearing closed at 8:05 P.M. a..00.cact_ Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER 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 February 10th, 1981, your deponent posted a copy of the attached Notice of Public Hearing on an - Ordinance Amending 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. Elaine H. Snowden Town Clerk Sworn to before me this o2 G 74-4 day of b�tcar s/ 1981. • PATRICIA E. Notary Public, S' cr yr V )rk No. 4682319 0/...•11esi.% e.g.-- Commission Expires i.' .. (� and S. D. NEWS DISPLAY ADVERTISING ,r- -CLASSIFIED ADVERTISING 914.29T-3723 84 EAST MAIN STREET • WAPPINGERS FALLS . PIEASE,,,T Bowie( ' Town Boo( -' Wilk conduit!: dS Town Halle IM •' Falls. Nese' at 7:00 P.M4: concerning...am,: Town of Wappiegir as follows: ,jo., t= The followlneerd acierwaa ed by Count BE IT ORDAINED:by the of the Town otWappingentsfoi The comprehaneiv. zonI dinance adopted by:lheTcwn' the Town of Wapplrger onJuhr Is amended aeofiowet `: ONE The =Mk1rtlp cii eilld the following parc•la shat from the portant to the Owner • Reeyy Guarinq T;markt • 19-6357-03.22006E04 N Owner .: •;.Phyli Number't1 Zone GB.1I TWOr' Sec Ise a um • ladas bele.1.4• w urK - Ioli and state' seventtl - the front I -THRE ' 422.' Cen la -plbler clipaa That multi eh .hies shall be *mittL '. FOUR:SMre-WWI bs. ' mitted--accaaory useewnd0 421 Schedule oil. Residential•Olatrlct. • Tilted accesepryli__-- 11t Oft -street prktng' provlaloneotSection 427.• and there Shalt be as hollows:,'.. 427.-oe,._er OFF-STAE' RESI OENTIA 427.1.;3PMkIngf, opewr or to the pnrtli vehlclea.ertd • ale 27bf1. can 427. 11. t ff as of right a.;.€.•. 427.111.. Hay frig capitally rated 'byI "Nat Dealers Associatlori:; 427.112. Having•emaximu from the groilrtdtothe hi the bod¢notUoexceed.8 • 4271'11 NOtrtiehlolr; signaypidt ` 1ustrati tach etl uto andy:'extend' dow the vehic 427.1 writing; e limited 1d, vehicle- `.f.t4f `ttj&e '427.11E.V4Racti obnoxIbw ;pjlrpow;: cannot • nuisance ' nor lydetrimental;= to, health, we4fw roramfetyof the munity. ThsapplIcabillty of -this pro sign Is tabs determined by the Zoning-.' Administratoes ' .•-e44;" :A. 427.21. This:,mt4.. ovvfng domercia vehicles will, be permitted to lurk by^ first obtaining Special Use Permits.. - These permits will be Issued by the Zoning Board of Appeals. •-�. ---.. 427.211..Vehkte ' with - a carrying", capacity miceeding three -quartet tons and up to and Including two tone, OS., rated by the National Automobile Dealers Association. •,••'-, 427.212. Vehicle having el hefghI• from the ground to the highest ,point OI, ; A Public Hearing was held by the Town Board of the Town of Wappinger on February 26, 1981, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the Hearing at 8:19 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, 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). This part of the Hearing pertained to the rezoning of the Guarino property and the Bazley prpperty. Mr. Johnson remarked that a request had been received from Mr. Guarino to re -rezone his property back to Neighborhood Business which it had been before the new zoning. There were no comments from the public on the Guarino rezoning. Mrs. Bazley was present to speak on her own behalf and said she had purchased the property in 1972 after her husband's death and ran the Peter Pan Nursery; it has been rezoned residential and this is a hardship to her. The State was taking over property in that area for construction and had offered her $900.00 for 22' of property, if it was commercial it.would be worth more. This property had been zoned commercial and was zoned back to residential with the new zoning. She is surround by commercial property and feels it should be rezoned. Mr. Johnson felt they should look at it again since there is airport industry in the area. Mr. Versace asked Mrs. Bazley who she purchased the property from and she replied that two doctors ran the nursery when she purchased it and she continued the business; she did not live in the house at that time, it was a business, but after her husband died she could not afford to run the two estab- lishments and she moved into the house. There were no other comments from the Board or the public. Section Two adding footnotes to Section 422 (Schedule of Regulations Non -Residential District) and Section Three adding language to the section on Shopping Centers were discussed by the Board, but there were no comments from the public. Mrs. Reilly moved to close the public hearing, seconded by Mrs. Mills and carried. The Hearing closed at 8:32 P.M. E1aine H. Snowden Town Clerk 1 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING 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 February 10th, 1981, your deponent posted a copy of the attached Notice of Public Hearing on an Ordinance Amending 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. Elaine H. Snowden Town Clerk .Sworn to before me this JO t4 day of .7i...46, -44.42e %V 1981. PATR!C' E. • . -,i: Notary Pu'.. -)!;c, w ;,,i.!. No. 4662319 Li'- - r. •, pI.. Commission Expire. and S. D. NEWS DISPLAY ADVERTISING • CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS • PLEASEwJAKE NOTK;fc„'.UfatestAe. ' Town -Board of the Town of Wippitiger will conduct a Pubilc Heatt(rg..at . Town Han. Milt Street, W , r Fails,•New Yorkadn rlhe "1g91i uirafBpiC Wilk at 700 P.M_ EST -to -hear all- concerning lt # t,1� for; concerninngg an'-,. Amendment ata,: tha .; • Town of wept:anger. Zoning Ord[Mnc "w "` �sTM " as follows: -,..-.*,i., v, t • i,»...,, .; which time th shall apply f' The following Ordinance wastmroduo;', `SaI-Ai: , �` ed by Councilman Johnson: ' - •-•:-.' Yi-_'r_ ' "r �a ` " `"' BE IT ORDAINED by the Town Board -1.1...z - . ' 427 61 : 'Alt - Of` - the - • comrtrerefi of the Town of Wappingetas foUows:;rehit• or by' sit mbi ta•parl t; u*t be The compreheaaive zoning .or- right' or _by' Special Permit must be 7. di t' ai►ehtttdfle€ff�n►5lluiidi }ine •isa ed tta&soltows:. ONE: The zoning ciaasifleafton for:•::board*of'APPpeesafs°wNFbe�ao:trWlned4- the following parcels shall becharr ed and a Spea(ei Permitmew Moiled for. It wilt? from the present loathe following` " • = .s em O06, Appal - issue nn��12c f Owner - Roy Guariact Tax Grid Numberte". j ^`issue said DermiL "' `9" - 198357.03.220050.00, New Zone • N8=`. ,.• Owner - Phyilis:•Bazley; uTax«SGrid3'-• »,;;-.427.2.:ONy-ooe1 mercial 11 , ole• will be aibweo ompirk at .eaCh:.: Number • -1&825904 538229OOr'-New { .:.;: Zone GB • _.. )t1,y":' `.:Y-.. .:,.:,x*F.rzt' cuss:_ * . ' T. +� N • TWO: Sectiertv'422s(Sohedule,:- `"'="'`S Regulation& Non -Residential District) is amended,:by=.adding- to, thm- quirementa designated by the column . labeled as.r.71Alnirt uat•.-Yard..(Feet)' under footnizte=(d)l(front: yardy the following:.' ,,• ,.y..:.x;-... . -. ... ,, (d) front yardlydetbacksbn county; and state roada.shatl be aminlmum or seveatyfive psi" measUredfrom. the front lot Ilrwq i' :, ." ,,.....-ii,„,,„ .' . THREE: , e'p ont• Sei;enr 422. appii(SC)` Shopping;. ' Center shalti4ontaitr F the allowing . IanguaaggsaWge k nd4(4be 'a piicaq(erttlIthrt; cipal utiedesig ltimeirw'' That multiple -attached. e'. uses shalt be permitted as toNows FOUR: Tbere'shaft be-additd mitted acceesdry< Uses •under,' 421 Schedule, -of' Regulatio Residential District the •ioltoWi - mitted accessorii use: ;s, ,- . II. Off-street parking su ; provisions of Section 427 :.f:: • • and there shill bs as follows:. 427. OFF-STREETt%' PARKIN RESIUF,NT. r.....r,. - - 427,1. Patking> whet . open-orencioe it baRreetricted•...= to the parking, s private paeasnger vehicles and Orr& (1; commercislyehi-- = _ de subject to-the/Mowing: • - a! 427.11. Com�taivehicle,allowed- as of right . - -...:. .� - '..,e,,, r ' 427.111. Having !• MilifrngMnrcani- i• ing capacity of threequarter tans, as+ rated -by-tlp.,NationaIAutdrnobflgr Dealers AssociatiOrty 427.112. -Having a•maximum height' ` from the ground to the highest point of__ the body not to exceed 8 feet.. • I. ^'•• '!t 427.113. No vehicle shall have,anyr, signs;. pictures, illustrations, etc.. at -+i tached -to and extending. -upward,.'•. downard, or outward from any part of the vehicle...1...•`- 427.114. Airy advertising, lettering. writing, etc., in whatever form, i8 to be limited to the two front doors of the.::.. vehicle. -- ' 427.115. Vehicle cannot be used for 'r obnoxious purposes: Cannot be a nuisance nor ' detrimental to the health. wettare or'safety of the corn. rnunity. The. ncadility of this provi- sion, is tot*, rjedpr the Zoning Administrat 427.21. The following .commercial vehicles will be ltted” to park by first obtaining Spacial Use Permits. T!ese permits wilt be issued by the Zoning Board of Appeals. --. 427.211. Vehicle• with a ca capacity exceeding three -quart and up 30 -and krcluding two tons, as rated by. the, , National Automobile DeaiersAssociatien,, C.'. 427.212.' Vehicle having a height from the ground Lathe highest pointot the ^ _icy 'n excess of 8 feet. 1/7213: -Vehicle with signs, pie. !„res. it:untra+ons, etc., attached to t. tor rbki9entift' edoing einw•hi 427.51.'F m the slate alis'& 3 nd• . ou!wa..K 427Z, ;e•..r.n%,;,. fora), front,04 427.JF' ^^ upward. downward or any part of the vehicle. with advertising, ng, etc., in whatever other than the two (( commercial vehicle the Zoning Ad - be obnoxious, offensive. ..tee •r.MrO( nAfrtme..rgr r0 'c ' 3J.:ata 2r faty of :itis c�r •.K.,as••. ao1 be allowed 30 Dark .•rot,. sorby Special Permits 427 41.hr vehkle not meeting.lhe' sranoemesa pethir(RW,9 ik!11,4: • Clerk, ownotWappi i." AFFIDAVIT OF PUBLICATION State of New York. .County of Dutchess. Town of Wappinger. .Beatrice Osten of the Torn of Wappinger. Dutchess County. New Yak. being duly sworn. says that he is. ind R the several... times hereinafter was. the. GP :Z4 to utllkher W. & S.D. NEWS. a newspaper printed and published - every Thursday in the year in the Town of Wappinger. •liutchess County. New York. and that the annexed NOTICE was duly published to the said newspaper for e...OAe:.week succeutvel ...Ca2CQ.in each week. commencing on the llth day of.. Phi. ld.ry.. 19 L and on the following dates thereafter. namely on and ending on the filth day of FebxvAgy,. 19a)r both days inclusive. Subscribed and sworn to before me day of....19.4•Xt3dXY t9Sl this Notary Public My commluion expires Al IC L r'T M. V.:77‘1 NOTA"7 i''..