2007-1862007-186 CC) [ )y
Resolution Approving AW Scrap Noise Testing
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on August
27", 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni (arrived at 7:38 PM)
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Paoloni.
WHEREAS, there have been many complaints regarding loud noises coming from AW
Scrap; and
WHEREAS, George Kolb, Director of Code Enforcement, has presented a proposal from
the Potomac -Hudson Engineering, Inc. to monitor noise and draft a report to the Town; and
WHEREAS, the proposal is broken down into three tasks, with Task 1 being the
preliminary assessment of AW Scrap noise and costing Three Thousand Five Hundred Dollars
and 00/100 ($3,500.00), Task 2 being preliminary assessment of noise code and costing Two
Thousand Three Hundred Dollars and 00/100 ($2,300.00), and Task 3 being a meeting in late
September or Early October 2007 and costing One Thousand Nine Hundred Dollars and 00/100
($1,900.00) with the total cost being Seven Thousand Seven Hundred Dollars and 00/100
($7,700.00).
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. Supervisor Joseph Ruggiero is hereby authorized and directed to sign on behalf of
the Town, the Potomac -Hudson Engineering, Inc. Noise Testing Proposal in substantially the
same form as attached hereto.
IN
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/27/2007
The Resolution is hereby duly declared adopted.
QICIJLL'�
C. A TERSON, TOWN CLERK
MEMORANDUM
T0- SUPERVISORRUGGIERO
FROM: GEORGE A. KOLB JR DIRECTOR OF CODE ENFORCEMENT
SUBJECT NOISE TESTING AW SCRAP
DATE: 8/21/07
Joe,
Please review this proposal for PHE Inc. I have them scheduled for 8/28/07 for an on-
site field visit. I had them break down the cost for the several items we had discussed to
be done in addition to the actual noise testing. If it's acceptable please sign and submit to
Mr. Crossan and please provide me with a copy for the file. I will be submitting a copy to
Mr. John Sarcone their attorney as well.
Contact me with any questions.
Thank you
George A. Kolb Jr.
Director of Code Enforcement
Town of Wappinger ' ;' - <%': V
r rr
August 21, 2007
Gcoi:Gc A. Kolb
Building Inspector
Town of Wappinber
20 1\4 dd]ebusll Road
Wappingers Falls, NY 12590
RE: Noise P,opoml
Dear Mr. Kolb,
Polon-iac-Hudson E.n �ineermg, Inc, (PI -IE) is pleased to submit the following
proposal. This is based upon a meeting Nvilh you on August 16, 2007.
Bnck!iround
A&W Scrap is a pre-existing, non. -conforming use on the east side of Route SID. The
necessary annual license that the Town Board issues has not been issued for the past
fwo years due to a combination of noise complaints from neighbors and the need to
provide some buffering as spccifi.ed in an old site plan. ")•here are a few neighbors to
the Nvest and the north that lodge relatively frequent noise complaints with respeo to
operations on the site.
The Town's existing noise ordinance is vague; difficult to cnforce, and perhaps
unfairly stringcut.
�s of `Fork
Task 1.0 — Pit-z8xan ium-y Asses sp. neunt of A&W lNoisc
Task I, l — Mccting On ,Site
We propose to have a meeting at 4 pm on August 28, 2007 with PRF:, George Kolb.
the owner/operator and attorney. At that time, we hope to accomplish the following:
Obtain a description of operations With respect to both locaticm and time:
View all operating conditions;
Decide on appropriate momlorinc locations and protocols:
Discuss the ;
Noise Proposal August 21, 2007
Page 2
�. Eva.hmic space and topographic collstraints for potential buffering/nliti`ati.on
strategics; and
Potclttia.11y perfor111 supplemental noise monitoring on-site.
I'aslc 1."L—Noise Monitorillg
Conduct the noise monitoring on August 29, as discussed and planned the previous
days mectirig.
Task 1.3 — Draft Noise Report
PHE will prepare a brief noise report that SLnn111a1 iZeS the nlonituring Bala, disi;usses
the locations and timing of operations on-site and discusses the potential need for
mitigation in qualitative leans for future discussion. P1 1E -will email the draft report
on Friday ALigust 31, 2007.
Ta -k 2.0 PA'ehiiniIf ary Assessment of Noise Code
Task 2.1 — Comparison With Other Noise Codes
Compare. the Town of Wappinger noise code to other noise codes .in Similar
municipalities, The purpose is to better understand the appropriate noise levels to be
established and hour noise codes are. structured to be more easily enforceable. This
task includes a portion of the meeting cm August 16.
Task 2.2 — Preliminary Report
PHE will deliver via email a preliminary comparison report on August 27, 2007, for
discussion on the 28th. Full copies of selected noise ordinances N�111 be in.cludc.d as
aii appendi1.
Utte liepteptibew ax EaOy October 2007
After I returtl from vacation (1:11 be back in office September 23; 2007), we will have
inOtllCr 111eetlllc to discuss t1.1c reports that I presented at the end of Au-ust and
determine the need and scope for ally futltre activities. Such activities could lnclude:
assistance in developing a nes noise ordinance tailored to the Heeds of the Town.
further qualitative discussion oJ'A&W buffering options. or a Inorc detailed analysis
of noise mitigation at A&W (if necessary). We anticipa(e the need for at ]cast olio
phone call and some limited supplemental research prior to the meeting.
y -VI
Noise Proposal
Cost Prolmal
The lump Sum fees including travel and noise monitor rental are:
Task 1 - $3,500
Task 2 - $2,300
Task 3 - $1,900
August 21, 200 7
Page 3
Thank you for the opportunity of submitting this proposal. Should you wish to use
this as a contract, please sign both copies retaining one for your tiles and. returning the
other one to ine. Invoices are payable upon receipt and accounts over 4.5 days are
subject to 1-1 /2% per month interest.
Should you have any questions please call me 732-747-00-24 cxt. 202. We loot:
ion,Iard to NVorking with you on this project.
Sincerely,
Potomac -Hudson Engineering, Inc.
Acccptcd by:
Sicnaturc:
A Drool( Ci-ns.san_ Ph.D_, P.T.
D atc