1986-12-15 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
DECEMBER 15, 1986
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. Dec. 1, 1986
4. REPORTS OF OFFICERS:
Town Justices Receiver of Taxes Hydrant Report Supervisors
Annual Report ,;,,i •,.;a _ Iv (y . "
5. PETITONS & COMMUNICATIONS
a. Petition for Rezoning (Lawrence Farms) K & J Partnership as
applicants HB -2A to SC (Shopping Center)
b. Vacancy - Board of Assessment Review
c. Letters of Recommendation from K. Croshier, H. Supt. to accept
vSchnabl Ct. Stenger Ct. and Sabia Drive as town rds.
d. Set date for Year End Meeting - fah -It-40')
e. Letter from Chas. May declining renewal of Planning Bd. appointmen
f. Information from NYSDOT re: Rte9 & Myers Corners Rd. Traffic lite,
1j. Lrfn (3 ersack,Cc Lw� -��Sbo t ne snn Re� t` ra��n e�, 1. ��s� u r t-: eCnse waQ
6. COMMITTEE REPORTS V
7. RESOLUTIONS
a. Hayward & Pakan - submission of certificate of substantial completion
A.C. Smith, and application for final payment j
b. Wm. Crane, Attny for Tax reviews: recommendation for settlement of;
three Tax Reviews
c. Approval of Planning Bd. revised Subdivision Regulations
d. Accept maintenance Bnd - Highland Glen for Pondview Subd. Rds. i
e. Adopt portions of Zoning Ordinance Amendments (P.H. Nov. 17th)
f. Authorize Supervisor th sign Dial -a -ride Contract for 1987
i
8. UNFINISHED BUSINESS
a. Brown Road Traffic pattern Report
9. NEW BUSINESS
10. ADJOURNMENT
3oP
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on December 15, 1986 at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:30 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
Joseph Bracone, Councilman (due to illness)
Others Present:
Joseph E. Paggi, Jr. Engineer
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of December 1st, 1986,
having previously been forwarded to all Board Members, were placed
before them for their consideration.
MR. FARINA moved that the Minutes of the December 1st, 1986 Regular
Meeting, be and they are hereby approved, as submitted by the Town
Clerk.
Seconded by Mr. Reis
Motion Unanimously Carried
Reports were received for the month of November from the Town Justices,
Receiver of Taxes, Building Inspector, Hydrant Report and the
Supervisor's Annual Report.
MR. REIS moved to accept the above stated reports and place them on
file.
Seconded by Mr. Farina
Motion Unanimously Carried
The Engineer submitted a Report on Wastewater Facilities Plan which
had been previously requested by the Town Board as a result of a
mandate by the Department of Environmental Conservation to upgrade
Wappinger Sewer Improvement Area #1. A similiar report had been
submitted by the engineering firm of Morris & Andros previously,
however, this fell short in several areas, one of which was the
omission of the cost for odor control if the plant was placed at
the current site; they also indicated that the pipe along Robert
Lane would have to be replaced with larger piping, but failed to
include the cost. In addressing the possibility of tying into the
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the Tri -Municipal Project, they proposed ripping up several Village
roads and it was Mrs. Paino's opinion that this was not a feasible
procedure. In January of 1986, the new Town Board directed the firm
of Paggi & Martin to address the problems of WSI#1 and also to include
alternates that would allow for future expansion of the plant. This plan
outlines three alternates--- 1. to replace the existing plant at the
current site, 2. to construct a plant on the lower regions of the
Wappinger Creek and 3. to tie into the Tri -Municipal Project. Mrs.
Paino set a Public Informational Meeting for Monday, January 5, 1986
at 7:30 P.M. at which time the Engineer will give the Town Board and
the residents a presentation on this report. During the interim period,
the Town Board and residents can review this report and itemize their
questions and comments which will be addressed at the January 5th, meeting.
This will be the first of several meetings on the subject and the matter
of environmental impact of each of the alternates will be thoroughly
reviewed and under the regulations of the State Quality Review Act,
an Environmental Impact Statement will be prepared for each of these
alternates. In order to discuss the preparation of the E.I.S., a work
shop meeting has been scheduled for December 18, 1986 and Walter B.
Satterthwaite from the firm of Walter B. Satterthwaite Associates
will be interviewed by the Town Board to determine if his firm will
prepare the E.I.S. for the three alternates; other firms will also be
consulted.
Petitions & Communications ---
A Petition for a change of zoning was received from K & J Partnership
(Lawrence Farms) from HB -2A to SC, Shopping Center.
MRS. PAINO moved to refer this Petition for Rezoning of Lawrence
Farms to the Engineer and Attorney to the Town, the Zoning Board of
Appeals, the Zoning ADministrator, Town Planning Board and the
Dutchess County Department of Planning for their preliminary comments.
Seconded by Mr. Farina
Motion Unanimously Carried
The Town Clerk noted that the Petition was not signed by the owner/
applicant and she would hold the referrals until the application is
signed. Mr. Lawrence will be notified of the omission and the delay
on the referrals.
31d
A vacancy still existed on the Board of Assessment Review due to
Mr. Ludewig's decision not to accept another term on the Board;
consideration of this matter was placed before the Town Board.
The following resolution was offered by councilman Farina who
moved its adoption:
RESOLVED, that Kenneth Brown, be and he is hereby appointed
as a member of the Town of Wappinger Board of Assessment Review
to fill the vacancy which has occurred due to the resignation of
Joseph Ludewig, and it is further
RESOLVED, that the said Kenneth Brown is hereby appointed to
the said Board of Assessment Review for a term which shall expire
September 30, 1991.
Seconded by: Councilman Reis
Roll Call Vote: 3 Ayes
Resolution Duly Adopted
Councilwoman Visconti ---Nay
Councilman Bracone --- Absent
Three communications were received from the Highway Superintendent
recommending acceptance of the following roads as Town Roads:
Schnabl Court, Stenger Court and Sabia Drive.
Mrs. Paino noted that the Engineer to the Town has a problem with
at least one of these roads.
MR. REIS moved to place the communications from the Highway
Superintendent on file for future review.
Seconded by Mr. Farina
Motion Unanimously Carried
The Year End Meeting was set for Tuesday, December 30, 1986, for the
purpose of approving encumbered bills and transfers from the departments.
The Town Clerk asked the Board if they wished to consider setting the
date for the Reorganizational Meeting for 1987, at this time.
Another item:, she requested consideration of was the Floating Holiday
for the employees for 1987; several employees have indicated that
January 2, 1987 would be their choice for this holiday.
MRS. PAINO moved to set Friday, January 2, 1987, as the Floating
Holiday for 1987.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino set the Reorganizational Meeting for January 2, 1987 at
A letter was received from Charles May, present member of the Planning
Board, indicating that he wishes to decline reappointment to that
Board, due to business circumstances.
MR. FARINA moved to accept this correspondence and place it on
file and requested that a letter be forwarded to Mr. May thanking
him for his seven years of volunteer service to the Town and the
many hours that he has expended in an effort to make the Town a
better place to live.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Correspondence was received from Mr. Halstead, Project Engineer with
the New York State Department of Transportation which included two
resolutions for the Town Board's consideration; one would permit the
State to upgrade the street lighting at the intersection of Route 9/
Myers Corners Road/Middlebush Road and provides that the Town will
be responsible for the electricity and maintenance of this system
the second, provides for a bus turnout, sidewalk and passenger shelter
at the Wappinger Plaza and further provides that the Town will be
responsible for the sidewalk maintenance.
MRS. PAINO moved to forward a letter to Mr. Halstead, indicating that
the Town declines the responsibility for the electricity and maintenance
cost of the street lighting system and the Town cannot provide for
the maintenance of the sidewalk since it is on private property.
Seconded by Mr. Farina
Motion Unanimously Carried
William Biersack, Attorney, advised the Board in his December 11, 1986
letter that Cashin Development Corp. D/B/A The Osborne Inn, was applying
for a renewal of their On -Premises Liquor License.
MR. REIS moved to receive this notification and place it on file
with no comments.
Seconded by Mr. Farina
Motion Unanimously Carried
Committee Reports ---
Councilman Reis, Recreation ---reported that the Christmas Tree Lighting
on December 7, 1986, was a success due to the hard work that was put
into the preparation for this festivity. Thanks went to Ralph Holt,
the Recreation Commission and the Highway Department for their help
` with the tasks required to make it a fun night for the residents.
There were at least 500 to 600 people present, the largest group in
'years and Mr. Reis hoped this event would continue to attract even
more residents in the future.
31p --
Mr. Farina, Water and Sewer ---reported that the Detective Department
of the Dutchess County Sheriff's Department was investigating some of
the leads received as a result of the reward offer made by the Town
for information leading to the arrest and conviction of vandals
responsible for graffiti on the newly painted water storage tank on
Maxwell Place.
Mrs. Visconti, Airport Advisory Committee ---reported that there was
no meeting this month and therefore no activity to report.
Resolutions ---
A communication was received from Hayward and Pakan Associates
regarding final payment to A. C. Smith & Co. as follows:
November 20, 1986
Re: Town Hall Facility
Plumbing Contract
Dear Mrs. Paino:
Attached are the Contractor's affidavits of Release of Liens and
Payment of Debts and Claims, and Consent of Surety to Final Payment,
submitted by A. C. Smith & Co. of Beacon, Inc.
Based on our observations, the plumbing work has been completed
in accordance with the terms and conditions of the Contract
Documents, and all items on the Final Punch List have been
completed, except the following:
1. Submittal of the Certificate of Substantial Compleiton.
2. Submittal of operation and maintenance manuals for the
water system.
Upon the receipt of the above, I will forward them with the
certified Application for Final Payment.
s/ Charles E. Liscum, Architect
MR. REIS moved to approve final payment to A. C. Smith upon receipt
of required documents, as stated in communication from Mr. Liscum,
dated November 20, 1986.
Seconded by Mr. FArina
Motion Unanimously Carried
A communication was received from William Crane, Attorney, representing
the Town on three Tax Certioraris, recommending that the Town accept
the proposed Consent Order settling these litigations.
The following resolution was offered by COUNCILMAN FARINA, who
moved its adoption:
BE IT RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER is
hereby directed to execute a Consent Judgment in the form annexed,
settling the following tax certiorari proceedings against the
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Town of Wappinger: Imperial Gardens Company, 1983 through 1986;
Imperial Plaza Partnership, 1986; L. Richard Rosenberg and Sol
Silver, 1986, and
BE IT FURTHER RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER
is authorized and directed to settle the above captioned proceeding
pursuant to the terms of said judgement.
Seconded by: Councilman Reis
Roll Call Vote: 4 Ayes 0 Nays Councilman Bracone --- Absent
Mrs. Visconti requested that the following excerpt of a communication
from Assessor Thomas Logan, be included in the Minutes:
"In the case of Imperial Plaza and Chelsea Ridge, since the
tenants and not the landlord are bearing the cost of the
increased taxes due to the increased assessment, I would
hope in the interest of fairness and justice that the Town
Board, should they approve the settlements, would urge the
landlords to rebate the extra monies that have been collected".
The Planning Board forwarded copies of their revised Subdivision
Regulations, approved by them at their November 24, 1986 meeting,
requesting that the Town Board approve same.
MR. REIS moved to approve the Subdivision Regulations, adopted by
the Planning Board at their November 24, 1986 meeting, and inform
them of this action.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A Letter of Credit was received from Chemical Bank for a maintenance
bond in the amount of $100,000, from the Highland Glen Development
Corp. for the Pondview Subdivision. The Attorney to the Town has
reviewed this document and found it to be satisfactory.
MR. FARINA moved to accept the Letter of Credit from the Highland Glen
Development in the amount of $100,000 as recommend by the Attorney
that the form and content of said Letter of Credit is satisfactory.
Seconded by Mr. Reis
Motion Unanimously Carried
It was requested that Highland Glen Development be notified of
this action.
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A Public Hearing was held on November 17, 1986 on Various Amendments
to the Town Zoning Ordinance and the matter was now placed before the
Board for their consideration.
Mrs. Paino noted that a work shop meeting was held with the Chairman
of the Planning Board to discuss comments made by the Planning Board
and the Building Inspector on some of these Amendments, however, at
this time there are some Amendments in this Ordinance that the Town
Board wishes to adopt. The remaining Amendments will be reviewed
by the Board at future work shops and an another public hearing will
be held on the revised amendments.
The following Ordinance was offered by SUPERVISOR PAINO who moved
its adoption
BE IT ORDAINED by the Town Board of the Town of Wappinger,
Dutchess County, New York, pursuant to the authority conferred
by the laws of the State of New YOrk as follows:
Section 1. The Town of Wappinger Zoning Ordinance adopted
March 10, 1980, and amended from time to time, is further amended
as follows:
1. Zoning Ordinance Amendment No. 1
Section 412 of the Zoning Ordinance is hereby amended to
read as follows:
412 Required Street Frontage
No building permit shall be issued for the establishment of
any use or construction of any structure unless the lot upon
which the use is to be established or such structure is to
be built has frontage of at least 50 feet on a street or
highway which has been suitable improved to Town Road
standards or a bond posted therefor, and unless the actual
access to such use or such structure will be over such
frontage, all in accordance with the provisions of Section
280-a of the Town Law.
3. Zoning Ordinance Amendment No. 3
Section 450.1 of the Zoning Ordinance is hereby amended by
adding a new final sentence, so that the section will read as follows:
450 Approval Required
No building permit shall be issued and no structure or use
shall be established, other than one (1) one -family dwelling,
except in conformity with an approved site development plan,
and no certificate of occupancy for such structure or use
shall be issued until all the requirements for such approval
and any conditions attached thereto have been met. The
continued validity of any certificate of occupancy shall
be subject to continued conformance with such approved
plans and conditions. Revisions of such plans r.
shall be subject to the same approval procedure. Any
proposed construction of new structures or additions
thereto, or any change or modification of use of property,
which adds to or modifies a previously approved site
development plan shall require further site plan approval,
termed "amended site plan approval" by the Planning Board.
4. Zoning Ordinance Amendment No. 4
Section 450 entitled "Site Development Plan Approval,
subdivision 450.21 is hereby amended by adding a new last
sentence, so that the Section will read as follows:
450.21 Maps
Eight (8) copies of an area map, at a scale convenient
for Planning Board use, showing the applicant's entire
property as well as all adjacent properties; existing
and proposed roads, railroads, streams, rights-of-way
and easements in all directions from the subject parcel;
all community facilities and utility trunk lines in
the neighboring area; and all existing school, zoning
and special district boundaries within five hundred (500)
feet of the applicant's property. The Planning Board
shall have the right to require submission of such
additional maps, at a scale to be determined by the
Planning Board, as the Board might find necessary to
properly evaluate the proposal.
Section 2. This Ordinance will take effect upon adoption,
posting and publication as prescribed by Town Law.
Seconded by: Councilman Farina
Roll Call Vote: 4 Ayes 0 Nays (Councilman Bracone --- Absent)
Contracts for Dial -A -Ride service for the senior citizens were
forwarded to the Board for their consideration from Theresa McAlpine,
Aging Services Coordinator with the Dutchess County Office For the
Aging.
MR. FARINA moved to authorize the Supervisor to sign the Dial -A -Ride
Contract in the amount of $9,640.00 for the year 1987.
Seconded by Mr. Reis
Motion Unanimously Carried
Unfinished Business ---
At the last meeting, Mrs. Price and Mrs. Weimer, residents of Brown
Road, wrote to the Board complaining about traffic problems on that
road and asked that a study be done by the Town. This was referred
to the Engineer and the Highway for their investigation and report
to the Board. A report was submitted by the Engineer with several
recommendations:
1. A sign reading "Children at Play" should be installed so as
to alert drivers of the possibility of their presence near
the road.
2. We recommend that the prescribed speed limit be changed to
25 MPH from All Angels Hill Road to the Town Line.
3. The white lines which mark lane limits between the shoulder
and the pavement should be extended from the new bridge to
All Angels Hill Road.
4. The shoulder on the south side of Brown Road should be extended
5' from the proposed white line from All Angels Hill Road to the
new bridge. This should be paved so as to allow pedestrian traffic.
-3)6
Mrs. Paino made the following comments on these recommendations;
Under Item #1, Mark Day of the firm of Paggi & Martin had contacted
the Highway Department and made arrangements for this sign to be
installed.
Item #2 requires referral to Dutchess County Department of Public
Works and the New York State Department of Transportation.
MRS. PAINO moved to forward a request to the Dutchess County Department
of Public Works and the New York State Department of Transportation
for a 25 MPH speed limit on Brown Road from All Angels Hill Road to
the Town Line.
Seconded by Mr. Reis
Motion Unanimously Carried
Under Item #3, the Highway Department was requested to contact
Dutchess County Department of Public Works and retain them to complete
this work, on behalf of the Town.
Item #4 can also be handled by the Highway Department; this report
had previously been forwarded to them.
There was no further business to come before the Board.
MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and
unanimously carried.
The meeting adjourned at 8:01 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 12/15/86