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1986-07-07 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JULY 7, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. June 2, 1986 4. REPORTS OF OFFICERS: Town Justices Bldg. Insp. Zng. Adm. Rec. of Taxes Hydrant Report 5. PETITIONS & COMMUNICATIONS a. Response from E. Spring, Air Traffic Div. Manager re: Radar system for Airport b. D. Brown, Water & Sewer Billing Clerk: re: purchase of a tester or meter reading gun for outside remote readouts. c. Ralph Holt, Ch. Rec. Comm. re: Chelsea Boat Ramp, and the Commissions recommendations and requests concerning it. d. Pastor Brent A. Averil requests waiver of bldg. permit fees. e. D. Purcell, Pres. JASMINE ENTERTAINMENT, LTD. re: renewal of Liquor license (located in Wappingers Plaza, Rte 9) f. Mrs. A. Tullis re: Speed limit on Old State Rd. g. Notice of Public Hearing, Town of LaGrange, Zoning Amendments h. Requests for Payment, various contractors, New Town Hall: Rondout Electric ; A.C. Smith & Son of Beacon ; C.B. Strain & Son j. Thos. Logan requests permission to attend Seminar at Cornell U. 7/20 to 7/26 6. .cOMM/TTEE REPORTa 7. RESOLUTIONS a. Introduce Local Law for No Parking in Chelsea, and set P H. b. Consider awarding of Bid for Sand Filter, Rockingham, Mid Point c/ Lloyd Rezoning application 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT [47 The Regular Meeting of the Town Board of the Town of Wappinger was held on July 7th, 1986 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:32 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent Mrs. Paino noted that Councilman Reis was out of town on vacation this week. The meeting started with the Pledge of Allegiance to the Flag. Mrs. Paino invited those present to join in a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of June 2, 1986, having previously been forwarded to all Board Members, were now placed before them for their consideration. MR. FARINA moved that the Minutes of June 2, 1986, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Visconti Reports were received from the Town Justices for the month of May, Judge Francese for June, Building Inspector, Zoning Administrator Receiver of Taxes and Hydrant Report for May. MRS. VISCONTI moved to accept the reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions and Communications --- A response was received from Edmund Spring, Manager of the Air Traffic Division of the F.A.A. regarding the proposed installation of radar at Stewart Airport. Mr. Farina requested that this correspondence be read into the Minutes. June 9, 1986 Ms. Elaine H. Snowden Town Clerk 20 Middlebush Road P.O. Box 324 Wappingers Falls, N.Y. Dear Ms. Snowden: This is in response to your letter of May 21, 1986, regarding the proposed installation of a radar system at Stewart Airport. The ASR system you referred to will be delivered in February 1987 and commissioned in June 1987. In the interim we have prepared the Invitation For Bid (IFB) to refurbish the Airport Surveillance Radar (ASR) site. The IFB is being processed at this time. Preparation of the site will be completed in October 1986. We hope this has been responsive to your inquiry. Sincerely, s/ Edmund Spring Manager, Air Traffic Division MR. FARINA moved to receive this correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from Debra Brown requesting the Town Board to consider purchasing a tester or a meter reading gun for the outside remote readout boxes. At present there is no way for the Building Inspector to properly test the outside remotes on new homes when he seals them. The tester would allow him to check for a reading and determine if it is working properly and if not, the builder would be requested to see that it is properly wired and connected. MRS. PAINO moved to authorize the purchase of a tester for the meter readers at approximately $1,200.00. Seconded by Mr. Farina Motion Unanimously Carried In an effort to alleviate some of the problems at the Town Boat Ramp in Chelsea, Ralph Holt, Chairman of the Recreation Commission, wrote to the Town Board offering several recommendations for their consideration. MRS. PAINO moved to place this information on file for review of the recommendations at a future work shop meeting with Mr. Holt and the Town Board. Seconded by Mr. Bracone Motion Unanimously Carried L L Reverend Brent Averill, pastor of the Immanuel Christian Reformed Church, wrote to the Town Board requesting a waiver of building fees for the new church they are planning to build. He had been advised that in the past the Town has waived all fees relative to building if it is for a non-profit organization. MRS. PAINO moved to authorize the waiver of building fees for the Immanuel Christian Reformed Church and notify Reverend Averill of this action. Seconded by Mr. Bracone Roll Call Vote: 3 Ayes, Mr. Farina ---Abstain (member of that congregation) Mr. Reis ---Absent Motion Carried Notification was received from Daniel Pursell, President of Jasmine Entertainment, Ltd. on Route 9, Wappinger Plaza, indicating that he was applying for a renewal of his liquor license at that location. MR. FARINA moved to receive this notification and indicate that the Town has no comment either for or against the issuance of this license. Seconded by Mrs. Visconti Motion Unanimously Carried A complaint was received from Mrs. Andrew Tullis, 28 Old State Road, regarding the change of speed limit by the State, on that road. At the request of the Town over two years ago, the speed limit on old State Road was reduced to 35 MPH; according to our Highway Superintendent, the State sent notification_ within, the past few months to post that section of the road at 40 MPH. Ihe MRS. PAINO moved to direct a letter to the New York State Department of Transportation, to the attention of Mr. M. J. Mignogna, requesting this road be posted at 35 MPH, per his correspondence of February, 1984. Seconded by Mrs. Visconti L Motion Unanimously Carried Notice of Public Hearing was received from the Town of LaGrange relating to Zoning Amendments, scheduled for July 9, 1986 at 7:30 P.M. at their Town Hall. Mrs. Snowden noted that a copy of i7D this notification was forwarded to the Planning Board. MR. FARINA moved to receive this notification for filing and forward a copy to the Chairman of the Zoning Board of Appeals. Seconded by Mr. Bracone Motion Unanimously Carried Requests for payment were received from contractors for work on the new Town Hall as follows: Rondout Electric, $9,623.97, A. C. Smith & Co., $5896.00, C. B. Strain, $15,080.73 MRS. PAINO moved to authorize payment to the contractors, contingent upon their submittal of completed release of liens form to the Town, and completion of all items, as per architects, Hayward & Pakan. Seconded by Mr. Farina Motion Unanimously Carried Requests were received from Assessor Thomas Logan to attend a Seminar on Appraising for Assessors at Cornell University, Ithaca, New York from July 20 through July 25, 1986, and from Judge Francese to attend the Summer Continuing Judicial Education Program at St. Lawrence University in Canton, New York from July 21 to July 25, 1986. MR. BRACONE moved to grant permission to the two officials to attend their respective seminars and their legitimate expenses will be a Town charge. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports --- Mr. Bracone reported that they had a productive meeting with the C.S.E.A. pertaining to the Highway Department. Mr. Farina, Landfill Committee, reported that the Castle Point site will be open the first Saturday of every month for the convenience of the residents to avail themselves of this service. Mrs. Visconti had no reports for this meeting. Mrs. Paino welcomed the residents to the first meeting at the new Town Hall. She extended special thanks to Councilman Reis and Comptroller Dennis Lasowski for the many man hours they devoted to assure a smooth transition from the old Town Hall to the new one. Mrs. Paino also thanked the Highway Department and Mr. Croshier /1/ for transporting some of the itemSwhich resulted in less expense to the Town and also moving the surplus furniture to the old meeting room for future sale or disposal. The Town Clerk and the employees were also thanked for the time they spent putting everything in order and last but not least, Mrs. Paino thanked the residents for providing the means for a new Town Hall; it is, she continued something we can all be proud of. An open house is planned to commemorate the official opening the new Town Hall on Sunday, September 7, 1986. Resolutions --- The following proposed Local Law was introduced by SUPERVISOR PAINO: LOCAL.LAW.# OF THE YEAR 1986 LIMITING PARKING AND STANDING OF VEHICLES ON CERTAIN STREETS IN THE TOWN OF WAPPINGER BE IT ENACTED by the Town Board -of the Town of Wappinger as follows: Section I: No vehicle shall park or stand and no person shall cause a vehicle to park or stand on the following Street of the Town: Beginning at the intersection of Bank Street on River Road, North, in the Hamlet of Chelsea, and thence running along the westerly side of River Road, North for a distance of 630'feet. Section II: "No Parking" signs will be erected by the Superintendent of Highways at intervals of 100' feet within the designated distances. Section III. Anyone who shall violate any provision of this Local Law shall upon conviction, be subject to a fine not to exceed Twenty-five Dollars ($25.00), as determined by the Court. Section IV: This Local Law shall take effect immediately following filing with the Secretary of State as provided in Municipal Home Rule. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 7th day of July, 1986, a proposed Local Law Limiting Parking and Standing of Vehicles on Certain Streets in the Town of Wappinger, and WHEREAS, the_ provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 4th day of August, 1986 at 7:15 P.M. on such day at the Town Hall, Middlebush Road, Wappingers Falls, New York 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by due posting thereof upon the bulletin board maintained by said Town Clerk and published at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays One bid was received and opened on the 25th of June, 1986 for Sand Filters at Rockingham and Mid -Point; this bid was from Sun Up Enterprises, Inc. in the amount of $129,968.20 for Rockingham and $48,090.90. The Engineer reported that the Bid was in order and the proper Bid Bond was submitted. Although only one bid was received, the Engineer recommended that the contract be awarded to Sun up as presented. MRS. PAINO moved to award the Bid for Sand Filters at Rockingham, in the amount of $129,968.20 and at Mid -Point in the amount of $48,090.90, to Sun Up Enterprises, Inc. Seconded by Mr.. Farina Motion Unanimously Carried MR. FARINA moved to authorize the Supervisor to sign the contract with Sun Up Enterprises, Inc. on the Sand Filter project. Seconded by Mr. Bracone Motion Unanimously Carried The matter of a rezoning request from 22 Associates, LTD. having been tabled at a previous meeting, was again placed before the Board for their consideration. Mrs. Paino explained that the Board was concerned over potential traffic problems at the intersection of Route 9 and Osborne Hill road and at the previous meeting had directed Mr. Piazza, repre- sentative of 22 Associates, LTD., to contact the New York State Department of Transportation to discuss the feasibility of installing a traffic light at that intersection. Several work shop meetings have been held with the Town Board and the applicants and at the most recent one, last Thursday, the Board learned that the applicant was successful in having a traffic survey conducted at that intersection. The result of this survey indicated that there is need for a traffic light to be installed at that inter- section. It was Mrs. Paino's opinion that this light would have to be installed before the proposed Lloyd Building and Home Center //7 3 opens for business. She then recognized Mr. Piazza, representa- tive of 22 Associates, LTD. and asked if he had further information relative to the proposed rezoning. Mr. Piazza referred to specific items that were discussed at the work shop meeting, one being the proposal offered by the applicant that the Town share in the cost of the installation of a traffic light, as they felt the traffic conditions already exist at that location --the proposed business is not causing this impact. The Board Members informed them that the Town was not in a position to expend money for a traffic light. The State will install such a signal within two years and the applicants cannot wait that long, it would be a financial burden. The Board indicated, during their discussion at the work shop, that if the applicant had a traffic light installed at the intersection of Route 9 and Smithtown Road under N.Y.S.D.O.T. regulations and caused the median at Route 9 and Osborne Hill Road to be closed at their expense, that the rezoning would be approved. He sought confirmation of this fact from the Board tonight. Because of the financial burden that has been placed upon them for the traffic light installation, Mr. Piazza asked the Board to consider giving them relief through a tax abate- ment under Section 485-b of the Real Property Tax Law. Mrs. Paino responded first to the request of a tax abatement for the proposed new business stating that the Town of Wappinger had adopted such a law granting this tax abatement to encourage new business in the area, however it was repealed in 1984 and she voted in favor of this action and would not entertain reinstatement of the law. If the applicant agreed to the conditions of a traffic light installed at that intersection and closing the median at Osborne Hill Road prior to the issuance of a Certificate of Occupancy and prior to operation of business, she would entertain approval of the rezoning. Mr. Piazza agreed to these conditions as long as they received this confirmation of approval tonight. During the discussion that followed, Joseph Incoronato and Ken Duxbury were recognized by the Chair and expressed their concern that the proposed traffic light would not serve the purpose of controlling traffic in that area when Lloyd Building and Home Center opens for business. Mr. Paggi, Engineer to the Town, differed with their reasoning and believed that this traffic signal would provide relief in this area. The following Ordinance was offered by SUPERVISOR PAINO who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappiner, Dutchess County, New York, in pursuance to the Authority conferred by the Laws of the State of New York, as follows: SECTION I. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following portion of a portion of land from R-20 (Residential) to HB -2A (Highway Business - 2 Acres) classification , said portion of real property more particularly described as follows: All that parcel of land situate in the Town of Wappinger, County,of Dutchess and State of New York, bounded and described as follows: Beginning at a point on the Southerly division line of the herein described parcel and the Northerly line of lands now or formerly Matthew and Audrey Hussey (Liber 1065, Page 535) said point being North 74-46-00 West 26.22 feet, North 87-58-00 West 144.30 feet and North 85-36-00 West 31.05 feet from the Northeast corner of the aforementioned Hussey, and the Westerly line of Osborne Hill Road, running thence Westerly along the Southerly division line of the herein described parcel and along the Northerly line of the aforementioned Hussey, North 85-36-00 West 130.45 feet, North 86-07-00 West 133.30 feet, and South 55-13-00 West 1.53 feet to a point marking the Southwest corner of the herein described parcel and the Easterly line of lands now or formerly Barry Cohen, running thence along the same, North 14-30-10 East 74.94 feet, North 14-42-10 East 201.44 feet, North 24-51-10 East 234.93 feet, and North 59-22-50 East 9.97 feet to a point marking the most Northerly corner of the herein described parcel and the Easterly line of a zoning line designated as R-20, running thence Southerly through other lands of the grantor herein, and along said zoning line, South 09-48-30 East 511.28 feet to the point or place of beginning. Containing 1.675 acres of land more or less. Subject to restrictions, restrictive covenants, easements and/or agreements of record, if any. Present Owners: 22 Associates, Ltd. Tax Grid Number: 19-6157-04-599136.00 Deed Recorded: Liber 1688 Pg. 519 Said described parcel being a portion of the above owners 5.00 acre parcel, which is bounded by the following parcels of real property: South by Matthew and Audrey Hussey 'Vest by Barry Cohen North by Stella & Phillip Dominicus East by U.S. Rte 9 L l SECTION II. This amendment is contingent upon and shall bear the following stipulations: (1) 22 Associates, LTD., shall cause to have a traffic light installed, per the New York State Department of Transportation specifications, on U. S. Route 9 at its intersection with Smithtown Road. (2) 22 Associates, Ltd., shall cause to have the existing median crossing on U. S. Route 9 at the Osborne Hill Road inter- section closed prior to application for a Certificate of Occupancy and the operation of business. SECTION III. This amendment shall become effective upon adoption, Posting and Publication, as prescribed by Town Law. Seconded by: Councilwoman Visconti Roll Call Vote: 4 Ayes 0 Nays Unfinished Business --- Mrs. Visconti wished to inform those present that a Public Hearing would be held at the County Legislature Office regarding the Richmor proposal to be the base operator at Dutchess Airport, on July 28, 1986 at 6 P.M. She urged those interested to attend this Hearing. Mrs. Paino recognized Sandra Goldberg, Wappinger County Legislator and invited her to report on County activities that would be of interest to the Town of Wappinger. Mrs. Goldberg reiterated Councilwoman Visconti's statement regarding the Public Hearing on the Richmor Aviation proposal and encouraged the Town Board Members and residents to attend the Hearing. Mrs. Paino had one item that was tabled from the June 2, 1986 meeting, that being a payment request from Hammond Security which was referred to the Fire Inspector to check out the system and report to the Board. He did inspect the system and was satisfied with the operation. MRS. PAINO moved to pay Hammond Security Inc. the final balance of $3,000.00 for the fire system and intrusion system in the new Town Hall. Seconded by Mr. Bracone Motion Unanimously Carried New Business --- Mrs. Paino recognized Joseph Incoronato who brought several zoning violations to the attention of the Board; the first one he mentioned several months ago and related to illegal signs at 7& at the intersection of Route 9 and MacFarlane Road; the second one at Route 9 and Old Hopewell Road, on the east side ---four cars with "for sale" signs which increased over a period of time from one car posted with this sign. The third violation in the same area on the west side was insufficient setback at a legitimate used car business, due to cars being parked 30' from the state highway instead of 75'. He requested that the Zoning Administrator be informed of these violations since at least one of them was going on for over a year, the others for several months. Alberta Roe was recognized by the Chair, and noted that there were cars all over the Town with "for sale" signs on them; she had mentioned this to Mr. Incoronato when he was on the Board. Mr. Incoronato rebutted that one car with a sign posted on it was allowed ---four were not. Ken Duxbury was recognized by the Chair and questioned the appearance of a water tank parked at the convenient store on Route 9 and Old Hopewell Road. He was concerned about contamina- tion of water in that area as there were some restaurants nearby and at one time a leaky gas tank existed at that site but has since been removed. Mrs. Paino explained that there was a water problem and the water tank was brought in temporarily to supply fresh water to the business. She invited Mr. Duxbury, as Chairman of the Conservation Council, to investigate the situation and the Zoning Administrator would also be notified. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 8:32 P.M. Reg. Mtg. 7/7/86 COUAAt Elaine H. Snowden Town Clerk