Loading...
1991-09-09 SPM197 A Special Meeting of the Town Board of the Town of Wappinger was held on September 9, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:00 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney The Supervisor requested all to join in the Pledge of Allegiance to the Flag, prior to the commencement of the meeting. This meeting was set at the Regular Meeting of August 26, 1991, for the purpose of setting a Public Hearing on a proposed Local Law to establish rates for the North Wappinger Water District. The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, the Town of Wappinger has recently acquired ownership and control of the Water District known as the North Wappinger Water District in the Town of Wappinger; and WHEREAS, the acquisition of the aforementioned well field and source and distributive components of the ATlas Water Works System is beneficial to the people and residents of the Town of Wappinger since it has permitted the Town to gain direct control of the Water System serving Town residents in the Quiet Acres, Wildwood I, Wildwood II, and Kablaoui Subdivisions and will also allow the Town the flexibility to augment and enhance the water supply capability of its presently existing and other proposed water districts, to wit: the Central Wappinger Water Improvement Area, the Myers Corners II District and the proposed Cranberry Hills Water District; and WHEREAS, the engineer's report prepared by Paggi and Martin indicates that reasonable water rates for usage of said North Wappinger Water District is $12.50 (twelve dollars and 50/100) per quarter for the first 1,500 (fifteen hundred) gallons consumed and used and $.70 per (one thousand) 1,000 gallons consumed thereafter; NOW THEREFORE BE IT RESOLVED as follows: 1. The Town Board hereby introduces for adoption a Local Law of the Year 1991 in the form annexed hereto. 2. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency Pursuant to ARticle 8 ECL of the RElated Title 6, Part 617-NYCRR. 3. The Town Board has caused to be completed Part 1 and Part 2 of the Short Form EAF for this project, in the form annexed hereto. 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 617.11 NYCRR and hereby determines that the intended action will not create any significant adverse impacts on the environment and hereby issues a Negative Declaration of Significance for this project. 5. The Town Supervisor is hereby authorized to execute Part 3 of the short form EAF and further directs the Town to provide for the filing and distribution of same as provided by law. BE IT FURTHER RESOLVED that the Town Board hereby schedules a Public Hearing on the proposed adotion of a Local Law of the Year 1991 to be held at the Town Hall on the 23rd day of September, 1991 at 7:15 o'clock in the afternoon and that the Town Clerk be directed to post and publish notice of the Public Hearing in the form annexed hereto. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays A LOCAL LAW ESTABLISHING WATER RATES FOR THE NORTH WAPPINGER WATER DISTRICT ----------------------------- BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. WATER RATES FOR THE NORTH WAPPINGER WATER DISTRICT Water rates for the consumption/usage of water provided by the North Wappinger Water District (the "water system") are hereby established as follows: A. Residential: Each residential dwelling unit connected to the water system, excluding such units and users otherwise expressly provided for herein, shall pay the minimum charge of $12.50 (twelve dollars and 50/100) per quarter, for the first fifteen thousand (15,000) gallons of water consumed/used, and $.70 for each one thousand (1,000) gallons consumed and used thereafter. Each unit of a multiple dwelling shall be individually and separately charged in accordance with this schedule. B. Wildwood Manor Condominiums: Each Wildwood Manor condominium unit connected to the water system shall pay $18.00 (eighteen dollars and 00/100) per quarter. C. Greentree Apartments: The Greentree Apartments shall be billed $12.50 (twelve dollars and 50/100) per quarter for each unit, or an aggregate minimum of $225.00 (two hundred twenty five dollars and 00/100) per quarter, whichever is greater. In the event that the aggregate water consumption/usage of Greentree Apartments exceeds two hundred seventy thousand (270,000) gallons, such excess will be billed at a rate of $.70 for each one thousand (1,000) gallons per quarter. D. Commercial and Industrial: Commercial and industrial users shall be billed at a rate of $1.25 (one dollar and 25/100) per one thousand (1,000) gallons of water consumed/used per quarter. E. All water rates established by this Local Law for the North Wappinger Water District are payable quarterly on the last day of the months of March, June, September and December. Such rate shall be payable even in the event that no water is consumed or used, so long as the water service shall be deemed connected. The minimum rate shall also be payable in the event that water has been shut off or discontinued, if such discontinuance has been caused by someone not authorized to take such action by the North Wappinger Water District. F. The Town Board of the Town of Wappinger reserves the right to change the aforesaid water rates upon ten (10) days notice and after a public hearing. 199 G. The aforesaid water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter set forth. SECTION 2. PAYMENT AND ENFORCEMENT OF WATER RATES A. All water bills shall be due and payable within thirty- two (32) days of the billing date. After the expiration of thirty-two (32) days, a penalty equal to ten (10) percent of the amount unpaid shall be added to the bill for that quarter. B. The water charges shall constitute a lien upon the real property or properties served by the water system. Such lien shall be prior and superior to any and every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent, or other lawful charge imposed by the Town of Wappinger. SECTION 3. PROCEDURE FOR GRIEVANCES If any owner or user of real property or properties on which a water charge has been imposed deems himself aggrieved allegedly because such real property is not served by the water system or an error has been made in computing such water charge, he may file an application for refund of all or part of such water charge. Such application shall be verified by the complainant and shall set forth the amount of refund sought and the grounds therefore, and shall be presented to the Town Comptroller. The Town Comptroller shall thereafter forward such application to the Town Board along with his/her recommendations in relation thereto. The Town Board is authorized to refund all, part, or no portion of such water charge, accordingly. SECTION 4. SEPARABILITY In the event that any portion of this Local Law is declared to be unenforceable by a Court of competent jurisdiction, all of the remainder of this Local Law shall continue in full force and effect. SECTION 5. EFFECTIVE DATE This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. The Supervisor brought up the matter of the tax bill for the Hamlet Court development which was explained by the Attorney to the Town at the August 26th, 1991 meeting and, as discussed at a recent work shop, the Board agreed to have the Attorney proceed with the matter of payment and set the residents' concern at rest. MR. INCORONATO moved to authorize the Attorney to the Town to proceed with the Hamlet Court negotiations with the County. Seconded by Mr. Valdati Motion Unanimously Carried MR. FANUELE moved to close the Special Meeting, seconded by Mr. Valdati and unanimously carried. The Special Meeting closed at 7:10 P.M. Spl. Mtg. 9/9/91 (� �3—A, Elaine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on September 9th, 1991, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, regarding the demolition of an unsafe house on the corner of Route 9D and Middlebush Road on the Dagnone Property. Supervisor Smith opened the Hearing at 6:50 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Thomas Classey, Bldg. Insp. The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). The Attorney noted that he had forwarded a certified letter to Mr. Dagnone, return receipt and it was returned signed by Mr. Spatini. Mr. Classey gave the history of violations relating to the unsafe structure and repeated negligence on the part of the owner to remedy them, as instructed. The previous Town Board started legal proceedings but never pursued it to completion and therefore, the building is still there as a hazardous structure. There were no questions or comments from those present. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Public Hearing closed at 6:58 P.M. ?1aine H. Snowden Town Clerk Southern Dutchess' News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller ........................................................ of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several PLEASE TAKE Nor,— the Town Board of the Tiit times hereinafter was, the Bookkr Wappinger will conduct a IRet' ee..pe............. HearIngonseptember9m,190�' of the SOUTHERN DUTCHESS NEWS, a at 8:50 P.M., at me Town Hail, W Mddlebush Roed, Town of j Wappinger',' Dutches9 County, newspaper printed and published every Wednesday New York, regarding the demo in the Town of Wa Iltion of an unsafe house on the ! ppinger, Dutchess County, New comer of Route 9D and Middle- York, and that the annexed NOTICE was duly bush Roadon the Dagnone Property' _ All Interested people are published in the said newspaper for .one ... weeks l comments to attend and offer melr comments on this proposed ac- successively in each week, commencing on the tion' 28th Au ust ELAINE H. SNOWDEN .... • • • • • .. day of ......g ........... 19 91, and on the TOWN CLERK TOWN OF WAPPINGER following dates thereafter, namely on Dated: August 27, 1991 ........ and ending on the ..?.8th...., day of August 19.91 both days inclusive. Subscribed and sworn to before me this .. 9th••, day ofA. usst.. % � 9 91 111 Notary Public My commission expires RACHEL WISHART NOTARY PUBLIC, STATE Cr-' NEW YORK QUALIFIED IN DUTCIJESS COUNTY N 14-4855902 � COMMISSION EXPIRES MARCH 31, 19-(. A Public Hearing was held by the Town Board of the Town of Wappinger on September 9, 1991, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, regarding the Establishment of a Community Residence Facility for Individuals with Developmental Disabilities. Supervisor Smith opened the Hearing at 7:12 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. (These Affdiavits are attached hereto and made part thereof of the Minutes of this Hearing). Diane Czachorowski, spokesman for the Wassaic Developmental Disabilities Services Office explained that they had found a suitable home for up to six male and/or female adults with some physical handicaps and require assistance in caring for themselves. There will be 24 hour supervision and the location they have chosen at 241 Pine Ridge Drive is currently being assessed for compliance with all pertinent regulations with these clients in mind. The municipality has 40 days following the first notice from WDDSO to respond by either approving the site, suggest one or more suitable sites within its jurisdiction which could accommodate such a facility, or object to establishing such a facility on the grounds that the municipality would be substantially altered. If the Town does not respond within the 40 days, the agency may establish a Community Residential Facility at the site recommended in its notice. Ms Czachorowski expressed their desire to work with the community to the benefit of all. Mrs. Smith had procured a list of residents who wished to speak on the subject matter. Roger Corbeels, 252 Pine Ridge, President of the Pine Ridge Civic Association presented the following statement to be read at this Public Hearing: On August 28, 1991 a number of homeowners in the Pine Ridge Drive area were informed by the Supervisor of the Town of Wappinger, Ms. Constance 0. Smith, that the Wassaic Developmental Disabilities Service Office intends to establish a Community Residential Facility for mentally retarded and developmentally disabled adults at 241 Pine Ridge Drive (presently property of Mr. Michael Leonard). As a result of this notification, the Cedar Hill -Pine Ridge Civic Association held a meeting at 7:00 PM on September 4, 1991 in the residence of Mr. Jo Gajda, president of the Association. All local homeowners that could be reached within the limited time span available were invited to the meeting. Forty two people responded and attended the meeting. Numerous concerns were expressed at the meeting about the proposal. These concerns will be summarized later, but the consensus of the meeting was.that there are,many potential problems associated with the proposed use of the Leonard property, and that these problems need to be addressed before the Town should go along with the proposal. Accordingly, The Cedar Hill - Pine Ridge Civic Association submits to the Town Board the following two requests. 1. The Town Board is asked to arrange with the Wassaic Development Disabilities Service Office to have the deadline for acceptance of the proposal extended from September 23, 1991 to October 14, 1991 in order to allow for a more detailed evaluation of the proposal. 2. The Town Board is further requested to appoint a committee of volunteers to identify other potential sites that could be offered as alternatives. The Association would expect to be represented on this committee. The basis for the first request is the fact that as a matter of procedure the Town Board is given 40 business days to respond to the proposal, but that the neighboring homeowners were only notified 15 business days after the Wassaic office had contacted the Town. Furthermore, the guidelines for the acquisition of property by the state for these purposes call for preliminary interviews of the prospective neighbors by the Wassaic office. No such interviews appear to have taken place. The basis for the second request is the consensus among the people attending the Association's meeting that, while the Leonard property at first sight may appear very suitable for use as a group home, in fact the experience of the local homeowners suggests the opposite. Therefore, in order to arrive at the solution which is in the best interest of everybody, the Association recommends that other potential sites be identified and compared with the Leonard property. A cursory check of the local real estate market indicates that several such sites exists. Finally, the principal concerns of the local homeowners about the proposal are summarized in the following. 1. Water Supply. Pine Ridge Drive has no municipal water and the homes in the area rely on wells for their water needs. In many cases the water supply in the area is marginally sufficient for the needs of a typical.family. In fact, many homeowners have had to resort to using multiple wells. Neighboring people fear that the increased burden a group home with up to 14 residents plus staff and visitors will worsen that water situation. 2. Septic System. Pine Ridge Drive also has no municipal sewer system and the homes rely on leach fields. The septic system on the Leonard property will most certainly have to be greatly expanded to accommodate a group. home. However, the area on and around the Leonard property is said to contain a subsurface layer of impervious rock. The presence of this layer will make it difficult (i.e. expensive) if not impossible to expand the leach field. Even if the leach field can be expanded, it will present a constant threat of contamination to the neighboring properties because of runoff. 3. Safety. 3.1 The increased traffic generated by the home is expected to further reduce the safety of children who occasional go playing on the street, as well as the safety of residents of the proposed group home who may stray onto the street. It should be noted that there is no street lighting or sidewalks. 3.2 The nearest fire department is about five miles away from the proposed site, and has to rely on tankers and water from ponds and seimming pools in case of fire. 4. Property Values. Many people feel that the presence of a group home will significantly alter the character of the neighborhood and thus reduce the marketability (i.e. value) of their homes. In conclusion, the above concerns raise a number of questions, which the Association feels deserve to be addressed before the Town Board goes along with the proposal by the Wassaic Developmental Disabilities Service Office. Careful consideration of all the above concerns is clearly warranted. It is for this reason that the Cedar Hill - Pine Ridge Association requests the Board of the Town of Wappinger to seek an extension of the deadline and a search for other potential sites. Don Forslund, 57 Forest View Drive, they should look at alternate sites, also price is too high, $230,000, there are other sites that would do as well at a lesser price. They are also paying Mr. Leonard $1,000 month for three months while this is being deliberated. Objected. J. Gajda, 1 Forest View Drive. 27 years, no previous owners. Did they have perc tests done, they have water problems in that area. Maxine Hayden, 230 Pine Ridge Drive, asked how many of these residents would be senior citizens. Richard Tallman, 22 Robert Road, home across the street from over a year, no problem. Ray Knauss, 245 Pine Ridge Drive, next door to the proposed home asked will there always be seniors there, what about expansion, is this legal. Diane Goldin, 21 Forest View, new in area, asked would it change neighborhood. Frederick Goldin, 21 Forest View, guide lines for water and sewer, how can they get them. Robert Greenley, 265 Pine Ridge Drive, too close living quarters for these people, they should be limited numbers. Robert Greenley, 265 Pine Ridge Drive, felt it was close living quarters. Attorney requested to research the law on limited number of these seniors with mental disabilities that are allowed to dwell in these homes. He asked if they were on medication. Elizabeth Takacs, 300 Pine Ridge Drive, asked about water and sewer facilities for this proposed home. Mary Nolan, 18 Relyea Terrace, thought they should have facilities for these people in a community all together. Larry Paggi, Engineer, concerned about water and sewer, the Health Department is looking into it. Hugo Musto, 285 Pine Ridge Drive, lives there 36 years, familiar with setup, knows the people, they are great people, he's in favor of the proposed home for them. Norman Tardiff, Pine Ridge Drive, was also in favor of the home for these people; give them a chance in home surroundings. Several others spoke against the home for the reason that it would decrease the property value. The Town Board made brief statements and noted that they would review the statements made at this Hearing. Elaine H. Snowden Town Clerk Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Joan Miller .............................................. of the PLEASE TAKE NOTICE that pp� Town of Wappinger, the Town Board of the Town of ger, Dutchess County, New York, Wappingerwill conduct Public Hearing on September 9th, 1991 being duly sworn, says that he is, and at the several at 7:00 P.M., at the Town Hall, Bookkee er 20 Mlddlebush Road, _Town of times hereinafter was, the ..............P............... . Wappinger, Dutchess County, New York, regarding theestab- of the SOUTHERN DUTCHESS NEWS, a tishment of, a community resi- dencefacility for individualswith newspaper printed and published every Wednesday developmental disabilities, un- der the supervision of the Was- in the Town of Wappinger, Dutchess County, New salo Developmental Disabilities Services orrice, State of New York, and that the annexed NOTICE was duly York Office of Mental Retarda- tion and Developmental DlsabIII- published in the said newspaper for .one,, weeks ties. All Interested people are Invited to attend the Public successively in each week, commencing on the Hearing and offer thetr corn- 28thAu u s t 91 menta. ...... 8 t day of ......9 ........... 19..... and on the ELAINE H. SNOWDEN TOWN CLERK following dates thereafter, namely on TOWN OF WAPPINOER Dated: August 27.1991................................................................. and ending on the 'AM .... day of August 19.91 both days inclusive. Subscribed and sworn to before me this .. 9 th... day of . A: Uaj t9%f 91� ................................... Notary Public My commission expires ................................. RACHU WISHART NOTARY PUBLIC. STATE CF NEW YORK OUALIFIED IN DUTCIi-"SS COUNTY I1 14405`5{12 q COMMISSION EXPIRES MARCff 31, 19..i•?'