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1985-08-05 RGM il I I I AGENDA TOWN BOARD TOWN OF WAPPINGER B IMONTHL Y MEETING AUGUST 5, 1985 - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES PLEDGE ALLEGIANCE TO FLAG July 15, 1985 Reg. 4. REPORTS OF OFFICERS: Town Justices I I I II I a. Memo from Plng Bd. re: Woodhill Green Tennis Courts - recommendation for reduction of Downstream Drainage Fee b. N.Y.S. Health Dept. re: receipt of HYdrogeologic Evaluation Report c. D. J. Hannigan, DVM requests consideration of modification of Zoning Ord. requirement - reduction of acreage necessary for Veteranarian Hospitals e. N.Y.S.D.O.T responses to: query on light at Rte 9 & Myers Corners Rd., and, Roadside maintenance f. Paul Ornstein, Attny, re: reimbursement - Lot #8, Stonykill g. Convenient Food Mart application for renewal of Liqour License h. Town Clerk served wi Article 78 - Stephen & Patricia Bedus vs Planning Bd. & Richard & Margaret Brownell i. H. Caballero, Sec'ty T/W Republican Committee, request permission to use Robinson Lane Rec. Area for Annual Family Day Picnic-eI2l) j. Wm. Bright Corr. to A. Garrison requesting certain notes pertiani g to phone conversations wi N.Y.S. Audit & Control 5. PETITIONS & COMMUNICATIONS r \ 6. COMMITTEE REPORTS 7. RESOLUTIONS a. JOMO Realty Corp.-Montfort- Special Use Permit request to fill portion of Greenfly Swamp b. J.E. Railing, P.E., re: Proposed Revision to Cons. Park Dist. & lots, for Hamlet Subdivision c. Peddlers License Applications: Anna M. Antenucci (food service) and Smauel Patterson (hot dogs) d. Introduction of Revised Zng. Ord. amendment to Sections relating to Signs and set Public Hearing e. Local Law on Building Moratorium f. Bids for moving Town offices to new Town Hall g. Agreement wi Pondview for unfinished Roads h. Res. to set Public Hearing on Morris & Andros' proposal for Wappinger Sewer Improvement Area #2 i. Res. ,to return Fee for C.O. erroneously accepted (was Village) 8. UNFINISHED BUSINESS [ 9. NEW BUSINESS 10. ADJOURNMENT ~~ The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on August 5, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Versace opened the Meeting at 8:05 P.M. Present: l Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Meeting started with the Pledge of Allegiance to the Flag.- The Minutes of the Regular Meeting of July 15, 1985, having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the Minutes of the July 15, 1985 Meeting be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried lJ Reports were received from the Town Justices for the month of July. MRS. PAINO moved to accept the reports from the Town Justices and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried A Memo was received from the Planning Board recommending a reduction in downstream drainage fees for proposed tennis courts at Woodhill Green '(formerly Scenic Gardens). It was their opinion that the addition of two proposed courts would relieve the Town tennis courts and they proposed that this be treated as a two lot subdivision and the sum of $400.00 be charged for the drainage fee. A question arose on whether this apartment complex planned to convert to condominium ~ in the near future and Mr. Fanuele, Chairman of the Planning Board, who was present, stated that they might not be in favor of reducing these fees if the owners were planning to convert to condominiums. MRS. PAINO moved to table this matter and refer it back to the Planning Board for their further review and comments. Seconded by Mrs. Ballard Motion Unanimously Carried ~/1 The following letter was received from the New York State Department of Health: July 15, 1985 Ms. Elaine H. Snowden, Town Clerk Town of Wappinger Mill Street, P.O. Box 324 Wappingers Falls, NY 12590 Re: Hydrogeologic Evaluation of the Hilltop & Rockingham Well Fields - Dear Ms. Snowden: thank you for submitting a copy of the above report in satis~action of earlier committments made by the Town. Safe yields have now been established for the wells studied in the report. Copies of the report should be transmitted to the Dutchess County Health Department and the Department of Environmental Conservation at New Paltz, New York. We would also appreciate a copy of the recommendations of Camo Pollution Control. Please note that the zone of influence, wells PW-IR & 2R ~ (Fig 9) extends into the area occupied by the Septic Stabilization Facility. This may, over time, adversely affect the quality of your supply, depending on the construction and operation of that facility. You should discuss this potential with representatives of Camo Pollution Control and the Dutchess County Health Department. The recommendations of the report should be carefully considered when you initiate your water development plan. Very truly yours, sl Gilbert M. Faustel P.E. Chief, Design Section Bureau of Public Water Supply Protection _:........ .~ ~ MRS. BALLARD moved to forward copies of the Hydrogeologic Evaluation to Dutchess County Health Department and the Department of Environ- mental Conservation at New Paltz; also forward a copy of Mr. Faustel's letter to Camo Pollution Control and place this communication on file. Seconded by Mrs. Paino Motion Unanimously Carried The following letter was received from Dr. Hannigan: July 17, 1985 Town Board Town of Wappinger Town Hall Wappingers Falls, N.Y. - Dear Ladies and Gentlemen: With this letter I am requesting a modification of the Town of Wappinger Zoning Ordinance to allow Veterinary Hospitals to exist as conforming facilities on five (5) acre parcels in R20 zones. Thank you for your consideration. Yours truly, sl Daniel J. Hannigan L L ~/f Mrs. Ballard commented that Dr. Hannigan had submitted a similar request several months ago which had been referred to the Citizens Zoning Advisory Council, however no action has been taken by them. She requested that all correspondence from the former and present Zoning Administrator be forwarded to the CZAC for their review and report to the Town Board. Dr. Hannigan was recognized by the Chair and explained that due to the regulations of the Zoning Ordinance requiring ten acres of land for a Veterinary Hospital, the property line on his residence is now up against his house and he no longer has a driveway on this parcel. Due to these and other irregularities he is unable to sell his house. By changing the requirements to five acres or even seven acres he would have a parcel of land with more conforming boundaries. He pointed out that if this rezoning request was referred to a committee, the final decision would rest with the Town Board and he urged the Board Members to use their authority to act on this request and bypass committee review. MR. MCCLUSKEY moved to discuss this matter with Dr. Hannigan at the first available work shop meeting in September. Seconded by Mrs. Paino Motion Unanimously Carried A response was received from Mr. Klein relating to the alarm sounding problem a few weeks ago which caused considerable disturbance to his neighbors. He apologized for this incident and informed the Town Clerk that emergency telephone numbers are posted on the front window in the event they are needed. MRS. BALLARD moved to receive this communication and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Two responses were received from the New York State Department of L Transportation relating to our request for a modification of the signal light at Route 9 and Myers Corners Road and the second one regarding litter pickup and overgrowth on state roads. The light will be modified during the reconstruction of Route 9 which is scheduled to start early in 1986 and the maintenance of the roads will be addressed later this fall. MRS. PAINO moved to receive these communications and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried . )/7 A copy of a letter from Paul Ornstein, Attorne~ to Ronald Evangelista regarding Lot #8, Stonykill, was forwarded to the Town Board. Mr. Evangelista explained that due to drainage problems on Lot #8 of the Grace Flitt Subdivision, Section 2, the builder was required to submit a cash bond which would be released upon the recommendation of the Engineer that the drainage problem was corrected. The neces- __ sary materials were delivered to the site and the work has been II completed, however, Mr. Evangelista stated that he had not made a final inspection to check the effects of a rainfall and for this reason he recommended that only the cost of the materials in the amount of $845.98, be released from the $1,500.00 cash bond posted by the developer. MR. MCCLUSKEY moved to release $845.98 from the $1,500.00 bond submitted by GranireHomes in payment for materials required to correct drainage problem on Lot #8, Grace Flitt Subdivision; balance to be released pending final inspection and recommendation of Engineer. Seconded by Mr. Incoronato Motion Unanimously Carried Notification was received from Convenient Food Mart regarding their II intent to renew their liquor license. These notices are forwarded to the municipalities so they can express an opinion for or against the granting of a license to these companies, or individuals. MRS. PAINO moved to receive this notification and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried The Town Clerk was served with an Article 78 Proceedings, Stephen and Bedus vs. Planning Board and Richard and Margaret Brownell. MRS. PAINO moved to refer this Article 78 to the Attorney to the Town to defend on behalf of the Town. Seconded by Mrs. Ballard Motion Unanimously Carried II A letter was received from Hilda Caballero, picnic Secretary for the Town of Wappinger Republican Committee Annual Family Day Picnic, requesting the use of Robinson Lane on September 21, 1985 for this event. They planned to serve beer to the guests and would therefore require a waiver of Article 3, Paragraph 3 of Local Law #5 1980, pertaining to the use of alcoholic beverages at recreation areas. ~~(J MRS. BALLARD moved to grant permission to the Republican Committee to use Robinson Lane for their Annual Family Day Picnic on September 21, 1985, waive the restriction on alcoholic beverages pursuant to Article 3, Paragraph 3 of Local law #5 of 1980 and further moved to request that a liability insurance policy be taken out by the Republican Committee for that day in the amount of two million l Motion Unanimously Carried t , I t I dollars. Seconded by Mr. McCluskey A copy of a letter from William Bright, Vice President of Mid-Hudson Pollution Contral to Mrs. Garrison, Comptroller, was received by the Town Board and related to notes which Mrs. Garrison might have taken during conversations with Audit and Control on improvements to water and sewer treatment facilities in the Town. Mrs. Garrison explained that she had taken notes during this conver- sation but unfortunately did not retain them. At Mr. Bright's request Mrs. Garrison replied to his letter stating that she had not kept the notes she had taken, but if there was further information available, l she would forward it to him. Mrs. Paino requested that the Town Board be copied on her response to Mr. Bright. MR. VERSACE moved to receive the communication from Mid-Hudson Pollution Control and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino requested that the letter be read into the Minutes. July 23, 1985 Mrs. Garrison, Town Comptroller Town of Wappinger Mill St. Wappingers Falls, N.Y. 12590 Dear Mrs. Garrison: L As per our phone conversation the week of 7-15-85, I do formally request any~otes which you may have taken relating to your phone conversations with Mr. Ralph Bundell and Mr.Mitch Morris of the N.Y. State Audit and Control concerning the necessary improve- ments to the water and wastewater treatment facilities of the Town of Wappinger. Very truly yours, sl William A. Bright Vice President Mid-Hudson Pollution Control, Inc. 7;2./ At Mr. Versace's request, the Town Board recessed at 8:45 P.M. The Meeting was called back to order at 9 P.M. and all Town Board Members were present. Mr. VErsace recognized Sandra Goldberg, Wappinger Dutchess County Legislator who was present to report on County activities of interest to the Town. Mrs. Goldberg referred to recent near tragedies when .\fj....i II planes approached the Dutchess County Airport mistaking it for the Stewart Airport in Newburgh. The FAA has plans to install low altitude radar for this area late in 1986 or early 1987, however that is over a year away and in the meantime, the threat of future occur- rences still remains. In an effort to pressure this Agency into accelerating the proposed date, she will cosponsor a resolution for this purpose and it will ulso include a request that the FAA institute a procedure that will safeguard the area prior to the installation of the radar. Mrs. Goldberg indicated that the FAA has implemented the inclusion of the Dutchess County Airport on the navigation charts used by the pilots; flight patterns of both airports will also be reviewed by this Agency. ~' ii' %' Mr. McCluskey had witnessed the incident of the 707 jet plane approaching the airport and said it was terrifying. He was concerned that the tower could not contact the plane directly by radio; they had to go through Stewart Airport first and this was a two to five second delay. He suggested that at night Dutchess County could use a particu- lar color or stroke light indicating that this is not a large airport equipped for large jet landings and a suggestion from another witness he talked to was that during the day the airport could signify the length of the runway with very large numbers that could be seen by the pilot and alert him to the fact that he could not land there. Mrs. Paino reported that she had spoken with a representative of the FAA and learned that Stewart will soon have a State of the Art radar system and they are planning to put in additional electronic equipment .,~ rI prior to the radar installation. She has sent two letters to two representatives of the FAA at the 'JFK Airport--the first to Robert Fulton asking for a full investigation and report regarding this incident and recommending that very strict penalties be levied against the person responsible for this action and the second letter to Brian Vincent urging the FAA to immediately install the electronic devices at Stewart and expedite the radar installation at Stewart. --_._-~-------_._--- ...--....- l l l :<:< :z MR. VERSACE moved to direct a letter to the FAA requesting that they install the low altitude radar in this area as expeditiously as possible and in the interim to consider safety measures they could implement to help prevent further incidences of planes mistaking Dutchess County Airport for Stewart Airport. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports--- Mrs. Ballard, Recreation---reported that the summer playground program was a successful one this season and would be winding up in two weeks. The Recreation Commission will obtain estimates on fencing at the new site on Spook Hill Road and equipment has been ordered which was mentioned in last month's report. Temporary fencing has been installed along Spook Hill Road for the protection of the children going to and coming from that recreation area. Recommendations from the Citizens Advisory Committee included improvement of maintenance on Town Parks and she noted that this has occurred, the recreation areas are looking much better. However, another recommendation was to install signs at the recreation areas identifying them as such but this has not been done and she would like to remind the Recreation Commission of this item. MRS. BALLARD moved to direct a letter to the Recreation Commission requesting that they install signs at the recreation areas of the Town. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Ballard's next item related to additional fields for the Soccer Program. She and Mr. Incoronato had investigated the possibility of the Town or the Soccer League leasing land from Stoneykill for recreation use, however, correspondence from the Director of the Stoneykill Foundation indicated that the land is to be used exclusively for agricultural and educational purposes. This is another item for the Recreation Commission to work on for the coming year. MRS. BALLARD moved to request the Recreation Commission to look into providing additional fields for the Soccer Program next year. Seconded by Mrs. Paino Motion Unanimously Carried ;2.~3 Town Hall---A Proposal Request was received from Hayward and Pakan Associates regarding the deletion of electrical fixtures and addition of higher quality fixtures due to the upgrading of the vault; the additional cost is $241.00. MRS. BALLARD moved to approve the Proposal Request and authorize the Supervisor to sign the Change Order when submitted. Seconded by Mr. Incoronato rj....:' II Motion Unanimously Carried Mrs. Paino, Budget and Finance---mentioned that she had requested the Comptroller over a month ago to provide figures on the cost that would be levied to each homeowner relating to the upgrading of Rockingham Farms Sewer District, Fleetwood Water and Sewer District and Mid-Point Sewer District. Mrs. Garrison replied that she had contacted our bonding agent, Tom Rothman and he requires additional documents and descriptions on the proposed work before he can provide her with the final figures. This information will be forwarded to him this week and these figures should be available next week. A second request had been made by Mrs. Paino relating to the total II amount of Capital Funds available in each of these districts and to this date the Comptroller has not provided her with this information. She asked that this be ready by tomorrow and should include the total amount available in each district and the date of this figure. Vandalism Patrol---Mrs. Paino requested the Supervisor to set a date for the Town Board to meet with Deputy Sheriff Carl Amburgey and discuss this matter. A letter has been received from him which was requested by the Board, outlining his proposal for manning a second patrol car. Since Mr. Amburgey would be away the following week, the work session was set for August 15, 1985 at 6:30 P.M. Mr. Incoronato referred to a request to the New York State Depart- II ment of Transportation by the Town Board last December for a traffic light at the intersection of Route 9D with Chelsea Road and Baxtertown Road. Since no response has been received other than that they would conduct a formal investigation, Mr. Incoronato contacted the D.O.T. and has learned that they plan to install this light in conjunction with the widening of Route 9D next year, so by this time in 1986 this light should be installed. A written report from the D.O.T. l L l cX<L/ confirming this information, will be forthcoming. Mr. McCluskey reported that he had responded to a fire last Sunday at the site of the former Price Brothers Pipe Company located in the Town of Fishkill but served by the Chelsea Fire District. The site is now being used as a dumping ground for all types of material and Chief James Baisley informed him that this was one of several fires at the site in the last few weeks which has been deliberately set. The firemen from Chelsea and another Fire Company called for standby are expending a great deal of time and effort extinguishing these fires plus the fact that there could be a risk to lives and damage to property. Although Chief Baisley has notified the Town of Fishkill of these fires, no action has been taken to correct th43 situation. MR. MCCLUSKEY moved to direct a letter to the Town Board of Fishkill requesting that they take the necessary action to have this property cleared of debris and secure it in an effort to prevent dumping and subsequent setting of the fires. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. McCluskey, Town Hall---recommended that Mrs. Ballard speak to the contractor about putting lights on at the site to discourage vandalism. Resolutions--- ThE! matter of a Special Use Permit Application from John Montfort, on behalf of Jomo Realty Corp. to fill in the lands of Montfort was placed before the Board for their consideration. This has been tabled several times due to concerns of the Engineer which have now been satisfied. His letter of August 5, 1985 states that in view of amended materials submitted, there are no further engineer- ing concerns with this proposal. Mr. Incoronato commented that he would recommend granting this permit for a six month period in view of the fact that the subject area, Greenfly Swamp, is a sensitive wetland and there have been previous violations on this particular property. If at the end of this six month period, all the numerous conditions specified for the approval of the permit have been complied with, the Town will address a renewal for another six month period. ~:J-5 er MR. INCORONATO moved to grant a Special Use Permit to Jomo Realty Corp. for a six month period and if all conditions have been complied with during this period of time, the permit shall be renewed for another six months. Seconded by Mrs. Ballard Roll Call Vote: 5 Ayes 0 Nays ~ Mrs. Paino commented, prior to the vote, that the application had been submitted almost a year ago and has been tabled for several months pending compliance with the Engineer's requirements. They have fulfilled the requirements of the D.E.C. and the Engineer has stated that they have no further engineering concerns with the proposal. In view of these facts, she felt the permit should be granted for the normal period of one year. If problems do arise, action could then be taken by the Town to rescind the permit. It was determined after Mr. Incoronato questioned Mr. Montfort that there was a violation in the past and a $1,500.00 fine imposed by the D.E.C., however, Mr. Montfort pointed out that it was not for filling in the lands, this project was not a similar nature. Mr. Incoronato felt there should be no problem with the issuance of - a six month period since they would be granted another six month permit if the project was conducted according to the regulations. After the vote was taken, both Mr. McCluskey and Mrs. Paino stated that they were voting for the six month period only because the applicant would not receive a permit for any length of time unless the Board approved it. Mrs. Paino felt that the applicant complied with all requirements and saw no reason why the year permit should not be granted. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: IN THE MATTER OF THE REVISION OF BOUNDARIES AND DESCRIPTION OF THE HAMLET CONSERVATION PARK DISTRICT ------------------------------------------------------- i~./ II WHEREAS, a petition dated November 4, 1982 was presented to the Town Board of the Town of Wappinger with a map and plan requesting that a Conservation Park District be established in the Town of Wappinger, and WHEREAS, Gino M. Pullo had petitioned the Town Board as a condition for subdivision approval for the creation of a Conserva- tion Park District, and WHEREAS, THE Town Board on December 13, 1982 adopted a resolution reciting in general terms the filing of the said L L l r2-20 petition and setting forth the boundaries thereof, and WHEREAS, A Public Hearing was held onthis matter on December 6,> 1982 which considered the petition and which set the boundaries of the district, and WHEREAS, an application has recently been made whereby the description for the Conservation District is requested to be amended, NOW, THEREFORE BE IT RESOLVED, that a Public Hearing shall be held on the 19th day of August 1985 at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to consider the application to amend the description of the boundaries of the Hamlet Conservation Park District as shown on the description of Robert L. Campbell, L.S. dated July 24, 1985, attached hereto and made part thereof of the Minutes of this Meeting. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays T\o10 Peddlers License Applications have been received, one from Anna Antenucci to operate a food service truck and the second from Samuel Patterson who wants to sell food.and hot dogs. MR. INCORONATO moved to approve the issuance of these two Peddlers Licenses. Seconded by Mr. McCluskey Motion Unanimously Carried The following Ordinance was introduced by COUNCILMAN INCORONATO: AN ORDINANCE INTRODUCING A MORATORIUM ON CERTAIN CONSTRUCTION IN THE TOWN OF WAPPINGER. BE IT ORDAINED as follows: SE!ct. 1: The Town Board of the Town of Wappinger, in order to consider, generate and adopt an amendment to the comprehensive master plan and zoning ordinance and map; to provide for the orderly improvement, development and growth of the entire area of: the Town of Wappinger; to afford adequate facilities for the purposes, uses, transportation, distribution, comfort, convenience, public health, safety and general welfare of its population; for ef:fective water and sewer resources governmental services and environmental effects and in order to provide for an orderly transition within the time necessary to accomplish same and to prevent development inconsistent with the proposed amendment to the comprehensive master plan and to provide for a moratorium for six (6) months in order to accomplish same, in the interest of: promoting proper government and to insure proper protection, orderly conduct, safety, health, welfare and well-being of the population within the Town of Wappinger, finds it in the best interest to enact this ordinance. Sect. 2: General provisions No person, corporation, firm or entity shall conduct or establish any residential use of real property, or construct residential buildings on land exceeding three (3) lots or more anywhere within the Town of Wappinger for a term of six (6) months from the effective date of this ordinance. Any person desiring a variance must submit two copies of his layout or plot plan showing actual dimensions of the plot to be built upon, the setbacks and area of the building and accessory buildings to be erected and all evidences of applica- tions in conformity with other municipal authorities requests ;zJ.-1 and in conformity with all applicable rules, regulations and laws. Sect. 3: The Town Board, at the next meeting, shall deem whether or not such application for a variance is compatible with the master plan or the proposed amendment to said plan of the Town of Wappiner as it then exists. If the Town Board deems that such variance is compatible, it shall forward such application for variance and all supporting documents to the Zoning Board of Appeals. Said Board, at its next meeting or a special meeting, shall consider the variance and give its recommendations with respect to the variance. After the Zoning Board of Appeals reaches a final decision, it will make recommendation to the Town Board at the next regular meeting so that the Town Board can take necessary action. - Sect. 4: Exceptions Lawful use of any premises existing on the effective date of this ordinance may be conducted, provided however, such non- conforming use shall not be enlarged and the premises shall not be altered unless a variance is granted under the ordinance. Sect. 5: Enforcement This ordinance shall be enforced by the Zoning Administrator. It shall be the duty of the Zoning Administrator to advise the Board of all matters pertaining to the enforcement of this ordinance and to keep all records necessary and appropriate to same. Sect. 6: Separability Should any section or provision be deemed invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. - Sect. 7: Violations Any persons violating any provisions of this ordinance shall be guilty of an offense, and upon conviction thereof, be punished by a fine not exceeding $250.00 or imprisonment not to exceed 90 days. For the purpose of conferring jurisdiction upon the Court, violations of this ordinance shall be deemed a misdemeanor, and for such purposes the laws relating to misdemeanors shall apply to such violations for procedural matters. Every week's continued violation after notice shall constitute a separate additional violation. All other interested persons, in addition to other remedies, may institute any appropriate action or proceeding with respect to violation of this ordinance, as provided in Section 268 of the Town Law. Sect. 8: Effective date This ordinance shall become effective upon posting and publication as provided by Town Law. MR. INCORONATO moved to set a Public Hearing on this Ordinance at the Wappinger Junior High School, Remsen Avenue, Wappingers Falls, New York on Augtist 29, 1985 at 7:30 P;M. to hear all It...';.' II interested persons. Seconded by Mrs. Ballard Roll Call Vote: 5 Ayes 0 Nays .~ ,1- r5" ..~ '~'" ~ L L L BARGER, CAMPBELL, GRAY & RAILING ENGINEERS a SURVEYORS. P.C. 115 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. a L.S. ROBERT L. CAMPBELL. L,S. ROBERT J. GRAY. P.E. JOHN E. RAILING. P.E. TELEPHONE 297-9435 297.4775 297.5775 July 24, 1985 Deed Description Conservation District 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 Westerly side 'of Spook Hill Road, said point being North 070-25'-00" West 10.00 feet from the Northeast corner of Lot 40 as found on a map entitled "The Hamlet", said map filed in the Dutchess County Clerk's Office as Filed Map #6799, running thence along a new division line as established by a map to be filed entitled "Amended Subdivision Plat of 'the Hamlet" South 820-35'-00" West 127.61: South 530-21'-50" West 148.43 feet, North 650-40'-00" West 72.16 feet, North 850-30'-00" West 139.62 feet, South 550-00'-00" West 134.76 feet, South 300-20'-10" West 130.53 feet, South 790-15'-00" East 135.07 feet, to a point on the Westerly side of Hamlet Court, running thence along the same on a curve to the left with a radius of 237.46 feet and an arc length of 10.26 feet thence leaving said Hamlet Court and running along the Northerly line of Lot 24 North 790-15'-00" West 135.76 feet, running thence South 060-00'-00' West 197.76 feet, South 100-20'-00" East 110.07 feet, South 350-03'-30" East 125.23 feet, South 630-00'-00" East 135.75 feet, North 770-40'-35" East 134.37 feet, North 260-00'-00" East 204.05 feet, North 580-40'-00" East 135.93 feet, North 410-30'-00" East 212.43 feet to a point on the Westerly side of the afore- mentioned Spook Hill Road, running thence along the same South 070-25'-00" East 66.73 feet, South 140-30'-00" East 333.50 feet to a point marking the Northerly line of lands now or formerly Lange, running thence the following along lands now or formerly of said Lange South 750-30'-00" West 125.00 feet, South 120-19'-25" East 65.20 feet, South 770-40'-35" West 408.43 feet, South 310-47'-10" East 123.50 feet, thence on a curve to the left with a radius of 110.00 feet and an arc length of 168.13 feet North 600-38'-30" East 35.00 feet, thence on a curve to the left with a radius of 115.00 feet and an arc length of 117.37 feet and North 850-09'-25" East 260.76 feet to a point on the Westerly side of the 'aforementioned Spook Hill Road and the Northerly line of Lot 86, Pondview (Filed Map '4700) running thence along the Southerly line of the herein described parcel and the Northerly line ~ I I' " i I Ii I' j: I Ii I' f r I; ,; i r ! , , I f. ~. f Ii li I I ~ ~ i1: ~ '. . ... r- ,..~..... . . . c; ~_ BARGER, CAMPBELL, GRAY & RAlLING ENGINEERS & SURVEYORS. P.C. 115 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 L RICHARO G. BARGER. P.E. & L.S. ROBEI'lT L. CAMPBELL. L.5. RoeERT J. GRAY. P.E. JOHN E. RAILING. P.I!. TELEPHONE 297-9435 297-4775 297-5775 Deed Description - Conservation District (Con't) of said pondview South 430-03'-40" West 607.14 feet and South 400-48'-00" West 115.18 feet to a point marking the Westerly division line of the herein described parcel and the Easterly line of Lot 13, Spook Hollow (Filed Map #3326), running thence Northwesterly along the same in part, and along the Easterly line of Cameli Subdivision, Section I (Filed Map #2794) North 340-31'-45" West 324.00 feet, North 330-09'-45" West 128.98 feet, North 310-18'-45" West 140.62 feet and North 330-45'-45" West 701.00 feet to a point on the Southerly side of Myers Corners Road, running thence along the same North 610-33'-53" East 257.97 feet, North 680-01'-39" East 249.55 feet, North 670-16'-15" East 332.71 feet, North 740-11'-36" East 251.20 feet and South 200-03'-58" East 52.36 feet to a point on the Westerly side of the aforementioned Spook Hill Road, running thence along the same South 070-25'-00" East 109.84 feet to the point or place of beginning. Containing 13.21 acres of land, more or less. L Subject to the rights of public utilities and or easements of record, if any. L ..:_:.-: '.;..,J~._T'_-r l L L ;z2f Prior to the vote on the Ordinance, Mrs. Paino questioned the Attorney on the legality of the Town Board imposing a moratorium on building since at a work shop last summer he advised the Board not to consider a moratorium due to possible law suits that could be brought against the Town. Mr. Kessler repled that at that time there were no studies planned, however, now there is a definite plan to review the ordinance which presents a specific reason for taking this action. He has checked with the Department of State and learned that under the circumstances existing in this Town pertaining to its growth, the Town does have the right to impose a moratorium. The courts, in previous instances, have upheld a stop gap legislation as long as it is for a reasonable period of time and the proposed six month period is acceptable. In regard to the studies, Mr. Incoronato offered his comments that the Citizens Zoning Advisory Committee has been reviewing the ordinance since January, however in order to do a thorough review, more time is needed. Further comments made by Mrs. Paino after voting on this motion pertained to her concern on the benefits the residents would derive from this action, which, if successful , would accomplish an orderly growth without eliminating the rural areas. She pointed out that the Town Board is responsible for making decisions that affect all residents, but since she represents Ward 3 which is the location of most of this growth, she is greatly concerned that the after effects of the moratorium will be beneficial. Mrs. Paino noted that she had just received this Ordinance tonight and had not had a chance to thoroughly review its contents; she would have appreciated an earlier submission of this Ordinance so it could have been discussed and possible deletions or additions made. Mr.McCluskey also objected to the lateness of the receipt of this Ordinance. Mr. VErsace noted that changes could be made, all they were doing tonight was setting a public hearing to hear comments from all and before the Town Board acted on this matter the Members would have their opportunity to make a decision on the contents of this Ordinance or recommend changes. . 'J. 9 ;).. Seven Bids on Moving Companies to move three Town offices to the new Town Hall were received and opened on the 1st of August, 1985. The Comptroller reviewed these and submitted an analysis to the Town Board along with her recommendation to award the bid to Arnoff Moving and Storage Company. She stated in her Memo that this company offered the best price and best service for the Town and would provide a coordinator to supervise the complete move. There would be no additional charges for storage vehicles which - would be available until the move is completed. Total price for this service submitted by Arnoff is $4,997.00. MR. VERSACE moved to award the Bid to Arnoff Moving and Storage Company in the amount of $4,997.00, upon the recommendation of the Comptroller. SEconded by Mr.Incoronato Motion Unanimously Carried An Agreement between the Town of Wappinger and Highland Glen Development Corp., developers of the pondview Subdivision regarding unfinished roads. The developers have advised the Board that they ~"...." r':"' '.', have no plans to build on the remaining thirteen lots in that Subdivision for at least a year and contrary to Town Policy, they have requested permission to finish the roads in the section that has been completed, for the benefit of the residents already living there. Approval of this Agreement will allow completion of the roads subject to compliance by the developer of several requirements outlined in said Agreement. The document will be filed in the Dutchess County Clerk's office and will be a lien upon their property; in the event they breach this Agreement in any way, they will forfeit the sum of $100,000.00. MR. VERSACE moved to approve this Agreement and authorize the Supervisor to sign said Agreement. Motion Unanimously Carried ~A .. Seconded by Mrs. Paino The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: IN THE MATTER OF THE PROVIDING OF A PROPOSED SEWER IMPROVEMENT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AS WAPPINGER SEWER IMPROVEMENT AREA NO.2, PURSUANT TO THE PROVISIONS OF ARTICLE 12-C OF THE TOWN LAW. ------------------------------------------- ~3Q WHEREAS, a plan, report and map have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappiner, Dutchess County, New York, relating to the providing of a sewer improvement in said Town, to be known as Wappinger Sewer Improvement Area No.2, and l WHEREAS, said plan, report and map have been prepared by Morris and Andros, including the addendum dated August 1985, competent engineers duly licensed by the State of New York and have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the proposed area determined to be benefited by said Wappinger Sewer Improvement Area No. 2 is described on Appendix A attached hereto and made a part hereof. WHEREAS, the improvement proposed for said Wappinger Sewer Improvement Area No. 2 consists of the construction of a new tertiary sewage treatment plant, such plant to be constructed on Town owned landlocated adjacent to the existing sewage treatment plant, and to have a designed capacity to treat .49 million gallons per day of sewage, as more fully described in the afore- said plan, report and map; and WHEREAS, the maximum amount proposed to be expended for such improvement is $6,380,200, and the proposed method of financing to be employed consists of the issuance of serial bonds of said Town of Wappinger to mature in annual installments over a period not to exceed forty years, such bonds to be payable from sums annually apportioned and assessed upon the several lots and parcels of land located in the aforesaid benefitted area, which the Town Board shall determine and specify to be especially benefitted by such improvement; and L WHEREAS, it is now desired to call a public hearing for the purpose of considering said plan, report and map and the question of providing said Wappinger Sewer Improvement Area No. 2 and to hear all persons interested in the subject thereof and concerning the same, all in accordance with the provisions of Section 209-q of the Town Law, NOW, THEREFORE, IT IS HEREBY ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A public hearing will be held at Town Hall, Mill Street, in said Town, on the 5th day of September, 1985 at 7:30 o'clock P.M., Prevailing Time, to consider the aforesaid plan, report and map and the question of providing said Wappinger Sewer Improvement Area No. 2 and to hear all persons interested in the subject thereof and concerning the same and to take such action thereon as is required by law. l Section 2. The Town Clerk of the Town of Wappinger, Dutchess County, New York, is hereby authorized and directed to cause a copy of this order to be published once in the W & S D News, and also to post a copy thereof on the Town signboard maintained by the Clerk, not less than ten nor more than twenty days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This order shall take effect immediately. Seconded by: Councilman McCluskey ''R~~ Call Vote: 5 Ayes 0 Nays I. The following-Resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the sum of $10.00 was collected by the Building Inspector's Office in error, and , Jl-3J WHEREAS, such monies should be refunded to Levine and Hofstetter, 11 Cannon Street, poughkeepsie, New York, BE IT RESOLVED, that $10.00 be and is hereby refunded from B-2590. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays ....~..-......:' II The Comptroller explained that this fee was for a C.O., however the property was within the Village of Wappingers Falls and the C.O. would have to be obtained from the Village Clerk. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the Town of Wappinger has a one year contract for the removal of Sludge, and WHEREAS, said contract will expire in September of 1985, BE IT RESOLVED, the Comptroller is hereby authorized to solicit bids for a new contract and the Town Clerk is hereby authorized to post legal notice to bidders. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE who lJ......... II moved its adoption: WHEREAS, the Town of Wappinger has a one year contract for the purchase of Chemicals, and WHEREAS, said contract will expire in September of 1985, BE IT RESOLVED, the Comptroller is hereby authorized to solicit bids for a new contract and the Town Clerk is hereby authorized to post legal notice to bidders. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the Town as contracted with Finnegan and Associates, ~ Inc. for the re-evaluation mandated by the State, and II WHEREAS, no funds have been budgeted for this contract, and WHEREAS, there was an excess balance in Federal Revenue Sharing monies for 1984, BE IT RESOLVED, that a Public Hearing be held on August 19, 1985 at 7:50 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to determine whether the Federal Revenue Sharing funds should be utilized for this contract. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays L l.......i , . ..~ , l '- c2"3:2.. The following proposed Local Law was introduced by SUPERVISOR VERSACE: A Local Law to Install a Stop Sign BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: This is a Local Law to allow the construction a~d installation of a Stop Sign on Michael Drive on the westerly ~lde of Eck Road.whic~ said s~gn shall face all traffic proceeding ln an easterly dlrectlon on Mlchael Drive, Town of Wappinger. Section 2: The Town Superintendent of Highways shall install the said sign which shall be purchased at Town expense. Section 3: This Local Law shall take effect upon its filing with the Secretary of State. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 5th day of August, 1985, a proposed Local Law to Install a Stop Sign, 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 19th day of August, 1985 at 7:55 P.M. on such day at the Town Hall, Mill Street, 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 in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays Mr. Versace had one more item for Town Board to consider and referred to a discussion at their work shop session relating to hiring another secretary for the Town. He felt another person was needed due to extra work at the Assessor's Office for the proposed re-evaluation, also to fill in for those on vacation and sick leave and the work involved in moving to the new location. An application for this position has been received and forwarded to all Board Members. MR. VERSACE moved to hire Christine Blake as Secretary in the Building Department at a salary of $9,500.00 to be prorated from August 12, 1985. Seconded by: Mr. Incoronato Roll Call Vote: 3 Ayes Mr. McCluskey---Nay, Mrs. Paino---Nay -_... ----~. ..__.~-- - -.----.., --_._---_._._----~..__.- ._~_. ,',.-..---- -~--_..._--_.- - , I ;2.33 Mr. Versace explained during the discussion that followed that Mrs. Bartolotti would be used as a floater and would be afsigned to the various departments as the need arises. Mrs. Paino objected to this since Mr. Logan had specifically requested that Mrs. Bartolotti be assigned to his office as she is well qualified and experienced in all phases of the work in that office having spent six months in that office learning these procedures. It......'..'.. " Mrs. Paino had more more item relating to the Hydrogeolic Evaluation of the Hilltop and Rockingham Well Fields which had been referred to Camo Pollution control and Morris and Andros several months ago for review and recommendations. MRS. PAINO moved to send a letter to Camo Pollution Control and Morris and Andros requesting their report and recommendations based on the Hydrogeolic Evaluation of the Hilltop and Rockingham Well Fields, by the end of August. Seconded by Mr. McCluskey Motion Unanimously Carried There was no other business to come before the Board. kj III MR. INCORONATO moved to adjourn, seconded by Mr.McCluskey and unanimously carried. The Meeting ADjourned at 10:40 P.M. Elaine H. Snowden Town Clerk Reg. Bimonthly Mtg. 8/5/85 ~..:". f:." 1;