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WHEREAS, the Town Board of the Town of Wallkill, after due deliberation, finds it in the best interest of said Town to adopt said Local Law; now, therefore,

BE IT RESOLVED, that the Town Board of the Town of Wallkill hereby adopts said Local Law No. 12, entitled A LOCAL LAW AMENDING THE ZONING CODE OF THE TOWN OF WALLKILL, COUNTY OF ORANGE, NEW YORK, amending §249-20. R-2. Suburban Residential District of the Town Code, a copy of which is attached hereto and made a part of this resolution, and be it further

RESOLVED, that the Town Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Local Law Book of the Town of Wallkill, and to give due notice of the adoption of said Local Law to the Secretary of State.

MOTION BY: Mr. Ward SECONDED BY: Mr. Depew

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting No

MOTION CARRIED


MOTION BY: Mr. Ward to set a special meeting to pay bills on November 25, 2002 at 5PM. No other business will be conducted that night.

SECONDED BY: Mr. Valentin

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

MOTION CARRIED.


November 14, 2002

COMMITTEE REPORTS

COUNCILMAN KING: Master Plan review met with Focus groups; read letter regarding Stony Ford (letter never received from supervisor’s office)

MOTION BY: Mr. King to forward to Planning Board SECONDED BY: Mr. Ward

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye

Councilman Depew: Voting Aye

COUNCILMAN VALENTIN: read following letter from Dan Patenaude, Superintendent of Public Works:
We are please to announce that Bill Fedun has been selected as the Department of Public Works Employee of the Month for October, 2002. Bill was selected for this award as a result of his outstanding efforts in leading this year’s paint striping operation. Bill was new to the pavement marking team this year, but his combination of motivation, conscientiousness, and enthusiasm has resulted in some very high quality pavement markings. Despite difficult weather conditions, Bill and the striping team have achieved high levels of production, and the entire crew should be commended for their effort.
Please join us in thanking Bill for the leadership role he has performed with the painting crew, and congratulating him for his receipt of the Employee of the Month award.

Parks & recreation – soccer club thanks parks employees for all their work on the fields.

COUNCILMAN McLEAN: contract can expect to be settled this year.

COUNCILMAN DEPEW: Human Rights Committee is taking applications; thanked Dan for his good job with the highway department.

COUNCILMAN COMMENTS

COUNCILMAN KING: talked about Dan Patenaude leaving. 7:30 PM there will be an informational meeting on the proposed Town Hall.

COUNCILMAN VALENTIN: wishes Dan Patenaude well, he will be leaving Dec. 1st; Town is taking resumes for Superintendent position, doing interviews; asked to have ad put back in the paper.

November 14, 2002

COUNCILMAN McLEAN: informational meeting regarding Town Hall will be on TV; code enforcement- Daryl Vandermark- doing a good job.

COUNCILMAN DEPEW: Hayride- thanks to Nancy Lane

SUPERVISOR WARD: Spoke of Police Officers Korba & Spano; Patio Rd. area; Special Election- go to normal polling place; absentee ballots- waiting for count from Board of Elections. Highway Superintendent & Commissioner of Public Works has position available- yearly appointment.

MR. SMITH: no comments

CHIEF HERTMAN: spoke of work by Korba & Spano; 11-18-02 through 12-01-02 are seatbelt enforcement weeks; received a grant regarding DWI.


PUBLIC PARTICIPATION

Mike Cody; 5 security at soccer games; dug footing for wall; 11/29- lighting of Christmas tree at 6PM

Mike Walker; regarding proposal- where will money come from for Town Hall; golf course.

Ron Stumpp; golf course

Bill Sutherland; discussed proposals for Dec. 9th; taxes

Mike Paduch; winter events guide; Shop Rite building; procedure

Adrienne Vavricka; discussed permissive referendum

Jeff Berkman; county taxes; Maple Hill Park

Al Crawford;


MOTION BY: Mr. Ward to adjourn at 10:40 PM

SECONDED BY: Mr. King

Supervisor Ward: Voting Aye

Councilman King: Voting Aye

Councilman Valentin: Voting Aye

Councilman McLean: Voting Aye
November 14, 2002

Councilman Depew: Voting Aye

MOTION CARRIED


Meeting Adjourned at 10:40 PM

_________________________
Jeanne Gervasi, Town Clerk

LOCAL LAW NO. 9

Section 1: The Town of Wallkill Zoning Code R-A. Rural Agricultural District be and hereby is amended by this Local Law as follows:

Under Section 249-19B. (1)(b), delete the period (.) and replace with a comma (,) and add to the end of the sentence the phrase “except where said structure is 26 feet or less in height, measured from the ground to its highest point, in which case said structure shall not be located any nearer than 50 feet to any property line nor nearer than 100 feet to any residential district line.”

Under Section 249-19B. (2)(a), delete the period (.) and replace with a comma (,) and add to the end of the sentence the phrase “except where no more than six fowl are kept for non-commercial purposes, in which case the minimum lot size shall be 80,000 sq. ft.”

Under Section 249-19D [1], in the category “Minimum” “Lot Area”, “40,000 square feet” is to be deleted and replaced with “2 acres”;

Under Section 249-19D [2],

1. In “Soil Group I”, under “Environmental Factor”, “2.0” is to be deleted; and under “Minimum Lot Size (acres)”, “0.5” is to be deleted and replaced with “2.0”.
2. In “Soil Group II”, under “Environmental Factor”, “1.35” is to be deleted; and under “Minimum Lot Size (acres)”, “.75” is to be deleted and replaced with “2.0”;

3. In “Soil Group III”, under “Environmental Factor”, “1.0” is to be deleted; and under “Minimum Lot Size (acres)”, “1.0” is to be deleted and replaced with “2.0”;

4. In “Soil Group IV”, under “Environmental Factor”, 7.1 is to be deleted; and under “Minimum Lot Size (acres)”, “1.4” is to be deleted and replaced with “2.0”;

5. In “Soil Group V”, under “Environmental Factor”, “0.67” is to be deleted; and under “Minimum Lot Size (acres)”, “1.5” is to be deleted and replaced with “2.0”;

6. In “Soil Group VI”, under “Environmental Factor”, “0.67” is to be deleted; and under “Minimum Lot Size (acres)”, “1.5” is to be deleted and replaced with “2.0”;

Section 2. Separability

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Wallkill hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 3. Repeal

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 4. Effective Date

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law, and will apply to all new applications submitted on or after that date.


LOCAL LAW NO. 10

Section 1: The Town of Wallkill Zoning Code 249-28. PID Planned Interchange Development District be and hereby is amended by this Local Law as follows:

Under Section 249-28,

1. C(14): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”;

2. C(15): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”;

3. C(16): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”;

4. C(17): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”;

5. C(18): “10,000 sq. ft.” is to be deleted and replaced with “20,000 sq. ft.”;

6. C(21)(a): delete the words “six stories” and replace with “two stories”; delete the words “20 stories” and replace with the words “four stories”;

7. D(2)(a): under “Rear yard”, delete “25 feet” and replace with “50 feet”;

8. D(2)(b)[1]: delete entire language of section and replace with: “Parallel to the lot line of such side or rear yard within the first twenty-five feet in depth from said lot line, but no closer to the lot line than ten feet, there shall be erected a wood or masonry fence 15 feet high, in front of which shall be planted hedges, trees, shrubbery, or other suitable screening material approved by the Planning Board”

Section 2. Separability

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Wallkill hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 3. Repeal

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 4. Effective Date

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law, and will apply to all new applications submitted on or after that date.


LOCAL LAW NO.11

Section 1: The Town of Wallkill Zoning Code 249-27. MI Manufacturing Industrial District be and hereby is amended by this Local Law as follows:

Under Section 249-27 MI,

1. C(2): delete the words “…without limitation as to building height.”, and replace with “may be no more than four stories in building height.”

2. C(9)(a): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”

3. C(9)(e): add as a final sentence: “The minimum front yard setback for the display of automobiles shall be fifty feet (50’).”

4. C(10): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”

5. C(11): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”

6. C(12): “20,000 sq. ft.” is to be deleted and replaced with “40,000 sq. ft.”

7. C(13): “10,000 sq. ft.” is to be deleted and replaced with “20,000 sq. ft.”

8. D(1): The language of the entire sub-section is to be deleted and replaced with “Any side yards or rear yards which are adjacent to an RA, R-1, or R-2 District shall be a minimum of 100 feet in width. Parallel to the lot line of such side or rear yard within the first twenty-five feet in depth from said lot line, but no closer to the lot line than ten feet, there shall be erected a wood or masonry fence 15 feet high, in front of which shall be planted hedges, trees, shrubbery, or other suitable screening material approved by the Planning Board.”

Section 2. Separability

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Wallkill hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 3. Repeal

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 4. Effective Date

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law, and will apply to all new applications submitted on or after that date.


LOCAL LAW NO. 12

Section 1: The Town of Wallkill Zoning Code R-2. Suburban Residential District be and hereby is amended by this Local Law as follows:

Under Section 249-20 C(12)(c )[2][a], “25,000 square feet” is to be deleted and replaced with “.75 acres”;

Under Section 249-20 C(12)(c )[2][b], “25,000 square feet” is to be deleted and replaced with “.75 of an acre”;

Under Section 249-20 C(12)(c )[2][c], after the opening phrase “For C lots, the lot size shall be…’, delete “derived by utilizing the format with §249-19D(5) along with the following values”;

Under Section 249-20 D,

1. Under “Lot Area”, “A”, “15,000 square feet” is to be deleted and replaced with “.75 of an acre”; under “B”, “15,000 square feet” is to be deleted and replaced with “.75 of an acre”; and under “C”, “Arrived at using the environmental control formula, but not less than 20,000 [See §249-19D(2) through (5)]” is to be deleted and replaced with “.75 of an acre”.

2. under “Lot Width”, “A”, “90” is to be deleted and replaced with “150”; and
under “B”, “90” is to be deleted and replaced with “150”; and under “C”,
“120” is to be deleted and replaced with “200”.

3. under “Lot Depth”, “A”, “100” is to be deleted and replaced with “200”; and under “B”, “100” is to be deleted and replaced with “200”; and under “C”, “125” is to be deleted and replaced with “250”.

4. under “Floor Area”, “A”, “600” is to be deleted and replaced with “1,000”;
and under “B”, “600” is to be deleted and replaced with “1,000”; and under
“C”, “600” is to be deleted and replaced with “1,000”.

Section 2. Separability

If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Wallkill hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent.

Section 3. Repeal

All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed.

Section 4. Effective Date
This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law, and will apply to all new applications submitted on or after that date.

Meeting Adjourned at 10:40 PM

_________________________
Jeanne Gervasi, Town Clerk

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