1980-03-26 SPMA Special Meeting of the Town Board of the Town of Wappinger was
held on March 26, 1980, at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 7:08 P.M.
Present:
Louis,Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Notice of said meeting was sent to all Board Members on March 21,
1980, calling the meeting for March 26, 1980 at 7:00 P.M. .Notice
was also sent to the three newspapers and the four radio stations
and posted on the Town Clerk's Bulletin Board.
The first item to be discussed was a resolution adopted by the Board
on February 13, 1980, regarding the performance bond of the Spring
Hill Subdivision. Mr. Adams explained that it contained certain
language that the developer and his Attorney, who were present,
wished to modify and Mr. Adams had agreed to present this modification
to the Town Board for action. The last sentence of Paragraph 5 of
this agreement read ---"Failure to provide a substituted bond or to
construct the required improvements shall be deemed a default of
the surety bond previously tendered, and said bond shall secure
applicant's performance thereof". The modification would read las
follows: "Failure to provide a substituted bond or to construct
the required improvements shall permit the Town to. call the surety
bond previously tendered, and said bond shall secure applicants
performance thereof". Mr. Adams felt the developer had valid
reasons for his objection to the language in the original agreement.
The modification was consistent with the provision of the Town Law
with respect to calling performance bonds in subdivisions.
He explained further that the surety bond company must consent to
the performancebond agreement and they objected to the language
as previously stated; he felt there was an additional measure of
protection in the event the bond had to be called.
MR. JOHNSON moved that the agreement of the Spring Hill Subdivision
Performance Bond, be amended, as recommended by the Attorney.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A Public Hearing having been held by the Town Board of the Town of
Wappinger on July 30th, 1979 on an Amendment to the Zoning Ordinance
and Zoning Map of the Town of Wappinger, the matter was now placed
before them for their consideration.
The following Ordinance was offered by COUNCILMAN JOHNSON who
moved its adoption:
WHEREAS on the 9th day of July, 1979, it was moved that
the zoning ordinance and zoning map adopted by the Town Board
of the Town of Wappinger on July 9th, 1979 be amended, and
WHEREAS, a public hearing upon such proposed amendment was
duly advertised in the Wappinger and Southern Dutchess News on
July 18th, 1979, and
WHEREAS a public hearing was duly held on July 30th, 1979, and
WHEREAS, the zoning ordinance and zoning map initially adopted
by the Town Board of the Town of Wappinger on July 9th, 1979 was
readopted by the Town of Wappinger on March 10th, 1980 with the
same text and map as adopted on July 9th, 1979, and
WHEREAS the public has been given full opportunity to address
the proposed amendments and comment upon said amendments and
whereas comments have been received, by the Town Board from the
Dutchess County Department of Planning and other interested parties,
and
WHEREAS the negative recommendation with respect to certain
amendments received by the Dutchess County Department of Planning
by their letter dated August 2nd, 1979 are premised upon pro-
jections with no demonstrated factual basis and are speculative (e.g.,
that proposed rezoning would provide an excess ofcommercially zoned
land which would erode the existing commercial enterprises in the
community or erode the viability of existing commercial centers).
Said recommendations also fail to identify alternative land use
for Route 9, and failure to provide use that is responsive to the
limited market demands of such land could lead to inverse condemnation
as there exists no demonstrated and reasonable alternative land use
given the frontage of such lands upon a heavily travelled highway,
NOW, THEREFORE, BE IT ORDAINED by the Town Board of the Town
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of Wappinger as follows:
The Zoning Ordinance and Zoning Map adopted by the Town Board
of the Town of Wappinger on July 9, 1979 and readopted on March
10, 1980, is amended as follows:
Section 1. The land owned by Chelsea Ridge Associates,
described on the Tax map of the Town of Wappinger as grid no.
6056-02-635539 be rezoned to NB zone.
Section 2. The lands owned by Chemical Bank, Jack Davis, and
Power Test described on the Tax map of the Town of Wappinger as
grid Mos. 6157-02-610920, 6156-02-604953, and 6157-02-578955 be
rezoned as HB -1A.
Section 3. That all lands as shown on the Tax map of the Town
of Wappinger presently zoned R-20, and being between Osborne Hill
Road and Fowlerhouse Road as follows to a depth of 300 feet on both
sides of Route 9 only, be rezoned HB -2A:
Tax Grid No. Owner
6157-04-599139
6157-04-600170
6157-04-590180
6157-04-582220
6157-04-743178
6157-04-636239
6157-04-639251
6157-04-626257
6157-04-648271
Sheraton
Dominicus
Cohen
Poser
Heimburger
Horton
Parkton
Tornatore
Taranto
Section 4. That all lands as shown on the Tax map of the Town
of Wappinger presently zoned Or -10A on the Easterly side of Route 9,
South of Old Hopewell Road as follows to a depth of 300 feet on the
East Side of Route 9 be rezoned HB -2A.
Tax Grid No. Owner
6157-02-641504
6157-04-604495
6157-04-603472
6157-04-638394
6157-05-633424
6157-04-623465
6157-04-618490
Huang
Sokol
Knight
S hen
Emerald Renovators
D'Ambrosio
Palmatier
Section 5. That all lands as shown on the tax map of the Town
of Wappinger presently zoned Or -10A on the easterly side of Route 9,
South of Old Hopewell Road described on the Tax map of the Town of
Wappinger as grid nos. 6157-02-637535, 6157-02-659528, and 6157-02684525
owned by Tomasic, P & D Tree Experts, and David & Patricia Roger
respectively, and the remaining portion of those properties presently
zoned Or -10A on the Easterly side of Route 9, South of Old Hopewell
Road described on the Tax Map of the Town of Wappinger as Grid nos.
6157-02-641504, 6157-04-618490, 6157-04-623465, 6157-04-633424, and
6157-04-638394, owned respectively by Huang, Palmatier, D'Ambrosio,
Emerald Renovators, and Shen, be rezoned to OR -1A.
Section 6. This Ordinance shall become effective as prescribed
by Town Law Section 265.
Seconded by Mrs. Mills
264
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
MR. JOHNSON moved that a portion of the reading of the description
in the Ordinance be waived.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A memo was received from Mr. Diehl regarding the appointment of
a Deputy Building Inspector/Zoning Administrator for the Town.
Mr. George Liebermann, who had been working under the direction of
the Highway Superintendent on hydrant repair work, had recently been
hospitalized and could no longer perform this type of work. Mr.
Diehl felt that if Mr. Liebermann was acceptable to Mr. Gunderud,
Building Inspector and Zoning Administrator, he could be appointed
to fill the position of deputy to Mr. Gunderud, who needed one at
this time. A letter was received from Mr. Gunderud who had inter-
viewed Mr. Liebermann, recommending that he be appointed to the
position of Deputy to Mr. Gunderud on a part-time basis, which would
be 17 hours per week at a salary of $5.00 per hour. Mr. Diehl now
asked the Board to consider this appointment.
Discussion followed from Mr. Versace who objected to more part-time
help being hired, he also felt that since we might be losing Federal
Revenue Funds, we could well be faced with financial problems.
He proposed that Mr. Liebermann wait until his health is restored,
and then return to the water and sewer work he had been doing under
the direction of the Highway Superintendent ---that was the work he
was trained for, and if he left that position, another person would
have to be trained. Mr. Didl1 reminded him that there was money in
the budget for the deputy position since Mr. Gunderud had been look-
ing for an assistant since last Spring. Mr. Johnson also noted that
this was not a new position, since Mr. Gunderud had been hired as a
/r
5
Deputy when Mr. Ruit was Building Inspector.
MRS. REILLY moved that George Liebermann be appointed as part-time
Deputy Building Inspector/Zoning Administrator at a salary of $5.00
per hour, for seventeen (17) hours per week.
Seconded by Mrs. Mills
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
Councilman Versace Nay
MRS. REILLY moved to close the Special Meeting, seconded by Mrs.
Mills and unanimously carried.
The Meeting closed at 7:31 P.M.
Spl. Mtg.. 3/26/80
CJ uAxsz_V StA,A0
Elaine H. Snowden
Town Clerk
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