1975-01-15 SPMWAIVER OF NOTICE OF SPECIAL MEETING OF
THE TOWN BOARD OF THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
•
81.
The undersigned, being all of the members of the Town BOard of the
Town of Wappinger, Dutchess County, New York, do hereby waive notice
of the time and place of the holding of a Special Meeting of the said Towr
Board and do hereby agree and consent that the same be held ot the
15th day of January, 1975 at 8:00 o'clock in the afternoon of that
day at the Town Hall of the Town of Wappinger, Mill Street, in the
Village of Wappinger Falls, Town of Wappinger, Dutchess County, New
York for the transation of all business which may properly come
before the meeting or any adjournment thereof.'
Ue
upery
Councilman
agrdifri
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Coun lman
Councilman
Due and timely notice of the above mentioned meeting hereby admitted
Town Clerk
Town of Wappinger
A Special Meeting of the Town Board was held January 15, 1975, at
8:00 o'clock P.M. in the Town Hall, Mill Street, Wappingers Falls,
New York.
All Board members having signed the above waiver of Notice of
Special Meeting, each for himself, Deputy Supervisor Clausen
called the meeting to order at 8:14 P.M.
t.Q.dreyr."
8 2 ;.-"
Present:
Louis Clausen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine nowden, Town Clerk
Absent:
Louis Diehl, Supervisor
Others Present:
Allan Rappleyea, Attorney to the Town
(Supervisor Diehl was absent due to illness, but had been informed
of the subjects of the special meeting, and had signed the above
waiver prior to the meeting having been called to order).
As a Public Hearing had been duly held on the extension of the
period of time with regard to the approval of plats and site plan
-
approvals by th?Planning Board, Deputy Supervisor Clausen placed
the matter before the Board for consideration. The Resolution
was then read.
Due to the fact that a half dozen or so residents had thought the
Public Hearing had been sceduled for 8:00 P.M. instead of 7:30 P.M,
and came in after the Public Hearing had been closed, the Board,
as a matter of courtesy, suspended the rules in order to give those
now present an opportunity to express their sentiments regarding
the proposed extension of the moratorium.
Deputy Supervisor Clausen then opened the floor to those wishing
to speak. Mr. Brancato argued that the Hearing should be opened
again and Mr. Clausen questioned what difference it would make
since they were being given the opportunity now to speak. Mr.
Busso asked whether the extension would actually be sixty days,
or, at the end of the sixty days is there going to be another
extension of 30, 60 or perhaps 90 days. He wanted the Board to
commit themselves and say, we're going to extend it another 60
days and will then be ready to go ahead with what we're going to
have to do! Mr. Clausen answered that he could only say it was
their intention that it be -extended another 60 days, hopefully
at the end of that period there would be no need to have another
extension - Mr. Busso charged his question was being evaded. He
wanted some concrete evidence as to what the Board has done to
show that the Board is now in a position to say in 60 days they
will be able to conclude the moratorium. Mr. Clausen said that
it would only be after the Town Board, Planning Board and regular
agencies have come up with recommendations that the Board could
put forth the evidence to him, and make it public. These Boards
have been meeting and making great progress, they are finalizing
the proposal, and, hopefully, in less than 60 days it will be
ready to present to the public. Mr. Busso concluded by indicating
he was in opposition to the moratorium.
Mr. Lynn Huber asked is it going to be the opinion of the Board
to direct the Planning Board to be prompt in exercising_its duty
to present the new Zoning Ordinance that they are planning, or
will the moratorium be extended again and again until the Planning
Board has decided its ready to present it to the Town Board. Mr.
Clausen indicated it was the perogative of the Board to continue
to extend it, but feel 60 days is ample time and all the Board
thinks it can be accomplished in that time. Mr. Huber then asked
the next, once the Board has approved the Zoning Ordinance, how long
will it take for the Town to have it available for presentation
to the public. Mr. Clausen answered that once its in order to
present to the public, he assumed there would be copies available
when the Board is ready to present it, within several weeks, possi-
bly, and then the Board could start holding public hearings. How
long they would last would depend on the interest generated by the
public. Keith Christofferson spoke in favor of the moratorium
because he believed trtfprogress was being made, and Nicholas
Johnson, as one of those reviewing the new Ordinance, stated he
believed it would take 60 days to complete their review. Mr.
Brancato indicated he was not in favor of the extension of the
Moratorium, as he believed it wasn't in the best interest of the
Town, and further, he couldn't understand why the Board didn't
receive any imput from other people in the community, say people
who have a large interest in the community financially or other-
wise, what is the Board's reluctance in calling on these other
people before making final decisions, just be coincidence they
may have something constructive to add to the Ordinance. He also
asked if there would be informational hearings before going into
the formal Public Hearing, and Mr. Jensen and Mr. Clausen agreed
there would be at least one, possibly more, before the Public
Hearings. Mr. Rizzo spoke in oppostion also, indicating he
believed as Mr. Brancato.
MR. JENSEN moved the rules be resumed, seconded by Mr. Saland and
carried.
A Public Hearing having been duly held on January 15, 1975, on an
Ordinance Extending the Period of Time with Regard to the Approval
of Plats and Site Plan Approvals by the Planning Board, Affidavits
of Posting and Publication, having been offered for the record
at the time of the hearing, and all interested persons having been
heard, the matter was placed before the Board for their considera-
tion.
The following Resolution was offered by COUNCILMAN VERSACE, who
moved its adoption:
35
WHEREAS, the Town Board did adopt an Ordinance on
September 19th, 1974, regarding the withholding of site plan
approvals and subdivision plats by the Planning Board and,
WHEREAS, the Town Board, the Town Planning Board and
Zoning Advisory Commission are in the process of reviewing
and studying the new Zoning Ordinance,
NOW THEREFORE BE IT ORDAINED as follows:
1. That the Ordinance adopted by the Town Board on
September 19th, 1974, be affirmed and continued for an additional
60 days beyond its effective date so as to provide the Town Board
and the Town Planning Board additional time to prepare a new
kime comprehensive Zoning Ordinance. Said Ordinance providing for
said moratorium is more fully set forth at pages 313 and 314
of the minute book of the Town Clerk for the period commencing
June 10th, 1974 reference to which is hereby made.
2. This Ordinance shall take effect immediately -upon
posting and publication as provided by Town Law.
Seconded by: Councilman Saland
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Aye
Councilman Versace Aye
Supervisor Diehl Absent
Resolution Duly Adopted
It was so noted that the Town Clerk had been served with Notice
of Petition and Petition for a review under Article 78 of the
Civil Practise Law and Rules by the Wappinger Central School
District and Charles A. Morley and Dagney Morley against the
Town Board in the matter of the Sewer Assessments of Wappinger
Sewer Improvement Area #1, and also the Wappinger Central School
District vs. Town Board for a review under Article 78 in the matter
of the Water Assessments for Central Wappinger Water Improvement
Area ##1. These Petitions were received by the Town Clerk on
January 7, 1975.
MR. JENSEN moved that Allan E. Rappleyea, Attorney, be appointed
to answer and defend these mandamus proceedings on behalf of the
Town of Wappinger.
Seconded by Mr. Versace.
Roll Call Vote: 4 Ayes 0 Nays
g6•
MR. VERSACE moved the meeting be adjourned, seconded by Mr.
Jensen and unanimously carried.
Meeting adjourned at 8:55 P.M.
Spl. Mtg. 1/15/75
Elaine H. Snowden
Town Clerk
A Public Hearing was held on Wednesday, January 15, 1975, by the
Town Board of the Town of Wappinger at the Town Hall, Village of
Wappingers Falls, Wappingers Falls, New York, on an Ordinance
Extending the Period of Time with Regard to the Approval of Plats
and Site Plan Approvals by the Planning Board.
Deputy Supervisor Clausen opened the Public Hearing at 7:30 P.M.
Present:
Louis Clausen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized by Albert Osten of the
W & SD News. (These Affidavits are attached hereto and made a
part thereof of the minutes of this Hearing).
Deputy Superiyisor Clausen explained that the reason for the exten-
sion was that the Town was still working on the proposed Zoning
Ordinance and it would probably be ready for public hearing at
the end of the extension period on the moratorium.
Mr. Norm Nussbickel, President of the Chamber of Commerce was
against the 120 day extension. It was unfair to the buinessmen
in the area.
No one else spoke.
Deputy Supervisor Clausen closed the Public Hearing at 8:05 P.M.
Elaine H. Snowden
Town Clerk
11
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN ORDINANCE'EXTENDING THE PERIOD
OF TIME WITH REGARD TO THE APPROVAL
OF PLATS AND SITE PLAN APPROVALS BY
THE PLANNING BOARD
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 January 4, 1975, your deponent posted a
copy of the attached notice of Public Hearing on an
Ordinance Extending 'the Period of Time with Regard to
the Approval of Plats and Site Plan Approvals by the
Planning Board, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers
Falls, Town of Wappinger, Dutchess County, New York.
Sworn
daydtay 1975.
to before me this /
I
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ea acAia-le( !(
1-44
Notary Public ,!"°.:3
, ,...; St_ta
:rJ, in, t.s1'b
.7.4)A
'l rI
tko
Elaine H. Snowden
Town Clerk
Town of Wappinger
oughkeepsie Journal
Continuing
Poughkeepsie New Yorker
FIRST IN THE MID -HUDSON VALLEY
Poughkeepsie, N. Y.
AFFIDAVIT OF PUBLICATION
NOTICE OF PUBLIC HEARING
PLEASE • TAKE NOTICE that the Town
" Board of the Town of Wappinger wiN hold '
' Public Hearing at the Town Hall, Mill Street,
Wappingers Falls, New York, at 730
on the 15th day of January, 197'5, to hear
all persons regarding the adoption of the • ,,,..
following:
• AN ORDINANCE EXTENDING THE
PERIOD OF TIME WITH REGARD "
'•,.• TO . THE APPROVAL OF PLATS ' .
AND SITE PLAN APPROVALS BY
• THE PLANNINGBOARD
.Th following Ordinance was introduced
by Councilman Venous who moved lit
WHEREAS the Town Board did adopt an, ,
Ordinance on September 191h, 1974, re-
garding the withholding of site plan ap
• provals and subdivision plias by the Town
Plannign Board and
• WHEREAS, the Town Board, the Town
. Planning Board and Zoning Advisory
Commission are in the process of reviewing
- and studying the new Zoning Ordinance,
• - NOW THEREFORE BE IT ORDAINED as •
follows:
Thot the Ordinance adopted by the
Town Board on September 19th. 1974, b.
affirmed and continued for an additional
60 days beyond its effective date so ail°
provide the Town Board and the Town
Pionning Board additional Woe to prepare
o new comprehensive Zoning Ordinance
Said Ordinance providing for said morato-
rium is more fully trrt forth at pages 313
and 314 of the minute book of the Town
Clerk for the period commencing June 10th,
, • 1974 reference to which is made
2 This Ordinance shall take effed
immediately upon posting and publication
as provided by Town Law
Seconded by Councilman Jensen
BY ORDER OF THE TOWN BOARD
ELAINE H. SNOWDEN
Town Clerk
Town of Woppingsr -
1242
State of New York,
County of Dutchess, ss.:
City of Poughkeepsie.
P.A. Makowski
of the
City of Poughkeepsie, Dutchess County, New York,
being duly sworn, says that at the several times here-
inafter mentioned he was and still is the
Principal Crerk of POUGHKEEPSIE NEWSPAPERS,
INC., publisher of POUGHKEEPSIE JOURNAL, a
newspaper printed and published every day in the year
in the City of Poughkeepsie,
Dutchess County, New York, and that the annexed
NOTICE was duly published in the said newspaper
forone inserticoliks successively, in each week,
commencing on the —Irbh..P.- day of Jan
19 ..7,5nd on rhe following dates thereafter, namely, on
and ending on the ......... __________ _ _ day of
19 ...... , both days
inclusive.
Subscribed and sworn to before me
, Notary
-
Notary Pub
My commission expires March 30, 19'76_