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1974-03-20 PH/cr A Public Hearing was held by the Town Board of the Town of Wappinger on March 20, 1974, at 7:00 P.M. at Town Hall, Mill Street, Wappingers Falls, Bethcess County, New York on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Repeal of Section 412.02) Supervisor Diehl opened the Hearing at 7:15 P. M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jense, Councilman Stephen Saland, Councllman Frank Versace, Councilman Others Present: J. Paggi & Ernest Martin from Rudolph LaPar's Office The Town Clerk offered for the Record the Affidavit of Posting and Publi- cation duly signed and notarized by Albert Osten of the W & S D News. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing.) Supervisor Diehl asked for those in favor of the Amendment to Speak. Joseph Incoranato - He stated that he wholly subscribe to the recommendation of The Planning Board to eliminate R-15 Zoning from the Zoning Ordinance. He read from the minutes of the Zoning Regulation Advisory Committee, dated March 2, 1972. Under item #5 of these minutes the Committee noted in favor of the amendment. He added that it would help the pollution problem. People cause pollution; control the rate of growth,thie will control the population, and this amendment would hold back the rate of growth that is taking place in the Town. He compared the Zoning classification of the neighboring towns. By reducing density we would profit by less pollution, less road maintenance, less schools and less.taxes. Russell Reinhard - Pine Ridge Drive - Cedar Hill Civic Association, stated that at a recent meeting ot this association, they voted unanimously to repeal Section 412.02 in its entirety. This action, he stated was prompted by the desire to protect the rural character of their particular area and in the hopes that it would act as a deterent to the increasing urbanization of the whole town. Warren Strong - Member of Cedar Hill Civic Association. He would like to see a more reasonable rate of growth in this town than what he has seen in the last decade. One factor to help this would be discourage high density housing developments and development on small parcels of land. He recommended that this amendment be approved in an effort to provide a more orderly growth rate in the town. Louis Eck - He is in favor of the purpose of this amendment 100%, but there are different ways to achieve it. This is cluster Zoning, and town houses. Re was in sympathy with the young couples starting out; most of them could not afford the high rent apartments and buying homes on larger parcels of land was out of the question for them. No one else, at this time spoke in favor of the amendment. Supervisor Diehl asked for those whe were against it to come forward. Gerard Hankin - An Attorney from Poughkeepsie - He vwna property in the Town of Wappinger. He doubted the accuracy of some to the statements made by Mr. Incoranato. The Town of Poughkeepsie has 4 acre zoning, also, other towns had a greater growth of rate than Wappinger even with z acre and one acre zoning that really didn't solve the problem. There would not be less road maintenance with less homes, certainly the length of the read would remain the same, unless cluster zoning was allowed. If town wide sewer system goes in someone has to pick up the cost; taxes would go up not down. Wappinger does not have industry which helps the tax base; when you limit the population you discourage industry from coming in therefore, no help with taxes. If the Town Board does pass this, he felt they should consider simultaneously, putting in cluster zoning; do not approve one without the other. Stuart Buchalter - Resident of the Town of Wappinger, also a new member of the Zoning Regulation Advisory Committee. He could not attend the last meeting because of a religious holiday and asked just how many did attend this meeting whey they voted to approve this amendment. He is here a short while, but since this Zoning has been in effect for nearly 10 years he doesn't see that it did any great harm to the Town. He feels there are other methods to limiting growth to certain areas. By eliminating lesser zoning, you're not going to eliminate the rise of the land. There has to be a way to make land available to the people and it has to be done in such a way that it will persist over the years so there won't be pressure on future Town Boards to change it back. Stan Lizinski - The Community would benefit by builders coming in with Central Water & Sewer systems. There are a good deal of R-20 areas and by giving builders this incentive & allowing them to go down to R-15 it would be beneficial. Joseph Incoronato stated that the present zoning was beneficial only to the builders and they are the ones that aye opposed to this resolution. Mr. Buchalter cited examples of other states and towns with different re- gulations than ours. What makes them right & Wappingers wrong and vica-versa. Why not try to get other towns to relax their zoning laws to take the load off the Town of Wappinger. Robert Mitchell - He asked if R-15 would be eliminated? He presently lived on R-15 but he favored eliminating it. He felt that the Planning Board & Zoning Board should scrutinize builders more closely. /3 y/F Bernard Sailor - He asked if "down" zoning is not allowed, will developers be allowed to put in wells and septic systems. Vincent Brancato - Mr. Brancato interested in the peeple who madetup the Zoning Regulation Advisory Committee. What professional background did they have to review zoning. He also questioned what qualified the Planning Board to take apart a plan designed by a professional planner. Mr. Brancato stated he was oppose to this amendment. Mr. Redfield asked how a decision would be made on this matter. Mr. Hold moved to closethe Public Hearing seconded by Mr. Saland and unanimously carried. Hearing closed at 8:34 P. M. cTh Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER (REPEAL OF SECTION 412.02)' STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, eing 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 March 5, 1974, your deponent posted a copy of the attached notice of public hearing on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger, (Repeal of Section 412.02), 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 to before me this u Elaine H. Snowden Town Clerk Town of Wappinger -ZW ANTHONY P. SILVESTRI *WARY PUBLIC, STATE OF UEW YON NESUUNG IN OUTGUESS CULUITYwave CSSUNISSION MIES MASCII 30, Is W. and S. Q. NEWS DISPLAY ADVERTISING AX 7i— 3724 20 EAST MAIN STREET - WAPPINGERS FALLS CLASSIFIED ADVERTISING Legal Notice PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger wilt hearing at the Town Haff Mill Street, Wappingers Palls, New York on Wednesday, March persons 3concerningE DST O1oMinancce Amending the Zoning Ordinance of Me ?own of Wappinger (Repeat Of Section: 412.021 The following Ordinance was in- . troduced by Councilman Selena, who moved its adoption: bygtheTTOOwm CBoED arrdAof°th°eROAff of Wappinger that the zoning Ordinanceof Me TOwn of Wappinger adapted JWQarY 29, 1967, and amended from time to time, is further amended as follows: Section 1. Section 412.02 is hereby • repealed Section. 2. This amendment shaft tells effect immediately upon adootlOn, posting and publication as providded by Town Law. Seconded: Councilman Clausen AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Beatrice Octan of the Town of Wappingers Dutchess County. New Yak, being duly swan. says that he is. rand a't the several times hereinafter war. the'u�-tat0r•ttrbistaerbf W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappingers Dutchess County. New York, and that the annexed NOTICE was duly published in the said newspapa for One week successively ... VIVA in each week. commencing on the Z al day of..r%i�r 19Z' and on the following dates thereafter. namely on and ending on the.... 714.. day of... f:3l`Ci 197.4 both days inclusive. Subscribed and sworn to before me this 7xh .... day of Latch. Notary Public :• s•v.- My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW rim QUALiFJEOIN OUTCHESS COUNTY .14-82140760 CM{MISSION EXPIRES MMIC11 aQ, 1/2.f