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1979-07-30 SPM.L O 6 A Special Meeting of the Town Board of the Town of Wappinger was held on July 30, 1979 at 6:30 P.M. at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Notice of said meeting was sent to all Board Members on July 27, 1979, calling the meeting for July 30, 1979 at 6:30 P.M. Notices were sent to the three newspapers and four radio stations and notice was posted on the Bulletin Board maintained in the Town Clerk's office. Deputy Supervisor Jensen opened the meeting at 6:48 P.M. Present: Leif Jensen, Deputy Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Gladys Ruit, Deputy Town Clerk Absent: Louis Diehl, Supervisor The Deputy Town Clerk read the notice that was sent out and posted which stated that the sole purpose of this meeting was to adopt ;a resolution amending a prior resolution adopted July 9, 1979, which set forth a Negative Declaration of Environmental Significance with respect to the adoption of the Zoning Ordinance and for the further purpose of readopting the Zoning Ordinance upon the revised environ- mental findings. Mr. Jensen explained that they had a revised resolution in front of them -and requested the Deputy Town Clerk to read same. WHEREAS on July 9, 1979, the Town Board adopted a negative declaaation of environmental impact with respect to the adoption of an amendment to the zoning ordinance of the town, and WHEREAS, on July 9, 1979, the board adopted an amendment to the zoning ordinance, and WHEREAS notice of publication of said amendment has not been made pending a requested opinion from the Town Attorney as to procedures to be observed upon publication, and WHEREAS in so acting, provisions of the State Environmental Quality Review Act and Local Law No. 2 of 1977 may have been inadvertantly overlooked, and F' WHEREAS it is the objective of the Town Board to comply with any applicable provisions thereof prier to implementation of the said amendments to the zoning ordinance, 1:20 NOW, upon the motion of COUNCILMAN JOHNSON, seconded by Councilwoman Reilly, BE IT RESOLVED that the prior resolutions and actions of the Town Board on July 9, 1979 adopting the aforesaid declaration of negative environmental impact be and is hereby rescinded, and BE IT FURTHER RESOLVED that the action of the Town Board adopting an amended zoning ordinance on July 9, 1979 be made subject to observance of those procedures set forth in the Environmental Quality Review Act and Local Law No. 2 of 1977 to the extent applicable and that final adoption and implementa- tion thereof be held in abeyance until completion of consideration of said act and local law and observance there of to the extent applicable by the Town Board, and that the Town Clerk take no steps to publish the same until further direction of the Town Board. Roll Call Vote: 4 Ayes 0 Nays Before the vote was taken, Mr. Incoronato, being recognized by the Chair, questioned the Board on their intent on the Environ- mental Impact Statement, and further questioned them on the legality of the adoption of the new Zoning Ordinance. Mr. Johnson pointed out that the resolution they had on the floor spells these facts out and specifically says they may have inad- vertemty overlooked provisions of the State Environmental Quality Review Act and Local Law No. 2 of 1977, he emphasized "may". For this reason, they are continuing to work with the old zoning ordinance, although the new one was adopted. However, as the resolution states they will hold the implementation of this in abeyance. Mr. Incoronato then asked if they would have an Impact Statement conducted and would it have public input. He was assured that the Board intended to comply with the law. Mr. Jensen directed the Zoning Committee, Mrs. Reilly and Mr. Johnson to make inquiries of environmental firms for a draft Emvironmental Impact Study and estimated cost and further inquire if these firms are familiar with the Study that would have to be done. MRS. MILLS moved to close the Special Meeting, seconded by Mr. Johnson and carried. The meeting closed at 6:58 P.M. Spl. Mtg, 7/30/79 Gladys'Ruit, Deputy Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on July 30, 1979, on an Ordinance Amending the Zoning Ordinance of The Town of Wappinger Prohibiting Gasoline Storage Tanks in Residentail Areas, at Town Hall, Mill Street, Wappingers Falls, New York. Deputy Supervisor opened the Hearing at 7:00 P.M. Present: Absent: Leif Jensen, Deputy Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Gladys Ruit, Deputy Town Clerk Louis Diehl, Supervisor 1 2 Q 8 The Deputy Town Clerk offered for the record the Affidavit of Posting and Publication (attached hereto and made part there of of the minutes of this hearing). Mr. Jensen noted that the Ordinance referred to amending the Zoning Ordinance adopted on July 9, 1979, but since we are not working with this Ordinance it should be changed to the date of the adoption of the existing Ordinance. Mr. Adams, Attorney for the Town, aduised that this could be changed at the time of the adoption of this amendment. Mr. Jack Raio, 19 Dara Lane, asked if a permit had been issued for a gas tank for a resident in his area. Mr. Jensen informed him that this hearing was on the amendment to prohibit gasoline storage tanks in residential areas, however, the permit in question had been applied for before this amendment. Noreen Sweeney, 16 Dara Lane, spoke about the resident in their area who was running a business in his home; this happened to be the same person who had applied for the gas storage tank which was issued. Mr. Jensen tried to discourage this line of discussion since it was not the subject of the public hearing. He asked Mrs. Sweeney if she was in favor of this Ordinance and she replied, yes she was. Noreen O'Connell was against the Ordinance. Dick Sweeney was in favor of the Ordinance. 1 2 0 9 Patrick O'Dea, 11 Dara Lane, was in favor of the Ordinance. Mr. Jack Raio asked when they would act on this. Mr. Jensen replied that they would probably take action at the next Board meeting. No one else spoke. MR. JOHNSON moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Hearing closed at 7:28 P.M. Gladys Ruttl-, Deputy Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER PROHIBITING GASOLINE STORAGE TANKS IN RESIDENTIAL AREAS. STATE OF NEW YORK ) COUNTY OF DUTCHESS ) SS: AFFIDAVIT OF POSTING 121 GLADYS RUIT, being duly sworn, deposes and says: That she is the duly appointed Deputy Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on July 12, 1979, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger Prohibiting Gasoline Storage Tanks in Residential Area, on the signboard maintained in the office of the Town Clerk, in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this day of / 1979. Notary Ptithac Gladys Ru Deputy T9n Clerk Town of Wappinger 12 U7. acrAl 3. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET • WAPPINGERS FALLS LEGAL NOTICE PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing. on July 30th, 1979, at 7:00 p.m. EDST at Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York, to hear all persons concerning an Ordinance Amending the Zoning Ordinance of the Town of Wappinger Prohibiting Gasoline Storage Tanks in Residential Areas, as follows: Introduced by Councilman Jensen BE IT ENACTED by the Town Board of the Town of Wappinger as follows: The Zoning Ordinance adopted by the Town Board of the Town of Wappinger on July 9, 1979, is amended as follows: Section 1. Section 483.8 Is amended by the addition of Section 483.81 Section 783.81 Storage of Gasoline 483.81 No storage of gasoline for use in motor vehicles or other motors shall be permitted in any residential zones. 483.82 This section shall not apply to • temporary storage of gasoline In por- table containers having a capacity leu than five gallons. Section 2. This Ordinance shall become effective as prescribed by Town Law section 265. • Elaine H. Snowden Town Clark Town of Wappinger Dated: July 17; 1979 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. 'Beatrice Ostten of the Town of Wappinger, Mitchel: County, New Yak. being duly sworn, says that he is. b.nd !t the several times hereinafter was, the Cq" ditpfi' 111.1-AIMf W. & S.D. NEWS, a newspaper printed and published every Thursday in the year in the Town of Wappinger, -Dutchcst County, New York, and that the annexed NOTICE was duly published in the said newspaper for ..Ass.... week succeuively.... parte. in each week commencing on the..18th...day of..�ul� 1929 and on the following dates thereafter. namely on and ending on the 184 hday of 19..?Sboth days inclusive. <hay Subscribed and sworn to before me this 18th..... day of ,'IAT 19.79 e-, . -� Notary Public My commission expires ft3i�:K Ft •"•! .1t;, 19..i(3