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1985-03-18 RGM AGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 18, 1985 1. SUPERVISOR CALL MEET ING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG &.f 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS: Town Justice s Bldg. Insp. Hydrant Receiver of Taxes 5. PETITIONS & COMMUNICATIONS a. Letter of Consent from Mr. & Mrs. Pan to James Klein b. Paul & Joan Palmateer re: Water hook-up on Montfort Rd. c. Notification from Cons. Adv. Council of appointment of Vice Chairma d. Board of Elections re: availability to the handicapped of Polling places e. Mrs. Mary White re: Wapp. Sewer Imp. Capital Assessment 6. COMMITTEE REPORTS a. b. c. ( d. e. f. g. h. i. 7 . RESOLUT IONS Appropriation from Downstream Drainage fund for payment to Morris & Andros Amendment to soil Erosion Ordinance Introduce Local Law for Amendment to Tall Trees Water Dist. Proposed Agreement wi Power Authority for payment in lieu of taxes for Heffernan Property - From County Chief Ass't Attny I. MacDonald Introduce Cons. Park Dist. Amendment for Kendell Farms Subd. - Klei Introduce Amendment to Local Law #3-'83-Fire Prevention Code Resolution (Incoronato) to name Ballfield.in Town Rec. area of 'Castle Point Buyakowski - letter of Credit for Woodcrest Wm. Macgeorge request to become tenant to Watchhill Water Dist. 8. UNFINISHED BUSINESS a. Response from Attny re: question posed of Health Dept. Approvals of all Town subdivisions b. Response from Attny re: question posed of effect of possible passage of State Leg. re: Veterans tax exemption as opposed to present property exemption. 9. NEW BUSINESS 10. ADJOURNMENT ~ '--. Li ! '.... ..-" ti I U'j ;:-. '0 ; 77 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held March 18, 1985 at the Town Hall, Mill Street, Wappingers Falls, New York. SUPERVISOR VERSACE opened the Meeting at 8:02 P.M. Present: Frank Versace, Supervisor Renata Ballard, Cou~cilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of March 4, 1985 were placed in the Town Board Member's boxes just today and Mrs. Snowden placed them before the Board for their consideration if they felt they had ample time to review them. MRS. PAINO moved to table consideration of the March 4, 1985 Meeting until the April 1, 1985 meeting to give the Board Members further time to review them. Seconded by Mr. McCluskey Motion Unanimously Carried Reports were received for the month of February from the Town Justices, Rec.ei ver of Taxes and Hydrant Report, also the Fire Inspector's Report for January. MR. VERSACE moved to accept the above stated reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried Acceptance of the Building Inspector's Reports were tabled to the April 1, 1985 meeting for further review by the Board since they had just been submitted today. A drainage project on Briar Lane had been delayed due to Mr. Klein's inability to obtain a release to enter Mr. & Mrs. Pan's property. Evidently they had a change of mind and submitted this consent < ,-,~.."" '-"'-.-.;o~-",- ,1f to Mr. Klein, copy of which he forwarded to the Town. MR. VERSACE moved to direct a letter to Mr.Klein requesting the approximate date he intends to start the drainage project on Briar Lane which was discussed with him at a Town Board work shop so the Board can inform the PanS. Seconded by Mrs. Ballard Motion Unanimously Carried Several years ago Mr. and Mrs. Paul Palmateer requested an extension of the water line to their property at 40 Montfort Road so they could hook their two parcels into the Town Improvement Area. The request was approved and the project let out to bid, however the extension was never made. MR. VERSACE moved to authorize the Engineer to submit a plan for the extension of the water lines to the Palmateer's property on Montfort Road for consideration by the Town Board at their April 15, 1985 meeting. Seconded by Mrs. Ballard Motion Unanimously Carried A letter was received from the Conservation Advisory Council informing the Town Board that they had unanimously approved the appointment of Herb Elman as Vice Chairman of the Council. MRS. PAINO moved to notify the Conservation Advisory Council that the Town Board has accepted their appointment of Herb Elman as Vice Chairman of the Council. Seconded by Mrs. Ballard Motion Unanimously Carried A communication was received from the Dutchess County Board of Elections indicating that there have been significant changes in the law regarding the accessibility to the disabled requirements for polling places. They pointed out that the Dutchess Center for Accessible Living, Inc., specifically Vicki Mitchell, Advocate Counselor for the organization would assist the Town in their efforts to help make existing polling places accessible to the disabled. MR. VERSACE moved to request Mrs. Ballard, as Sub-Chairman of the Election Committee, to contact the DCAL for any information the Town requires to make polling places accessible for the disabled. Seconded by Mrs. Paino Motion Unanimously Carried I I I [ l L 7r Mrs. Mary White wrote to the Board regarding the benefit assess- ment she is paying for the Wappinger Sewer Improvement Area despite the fact that she is not receiving the service. This is similiar to the communications received last month from Mr. Farrell and Mr. Ferrusi and all three residents felt these monies should be refunded. At the last meeting a letter was directed to these two residents informing them that the monies could not be refunded pursuant to State Law which required that benefit assessments be paid by those within the district. They were also told that the Town could consider assessing the property for 1/3 of the assessment since they were not receiving the service. The Board directed the Engineer to conduct a study to provide a sewer line connection to these homes. Mr. Versace researched the matter and found that these residents had been paying 1/3 assessment prior to 1985 tax roll when the property was fully assessed. Mr. Versace assumed that they were being provided with this service as a result of a project in that area which extended the lines of WSI#l; these homes were not included in the contract that was completed. MR. VERSACE moved to authorize the Comptroller to refund 2/3 of the benefit assessment paid by those residents within the district who were paying 1/3 assessment prior to 1985. Seconded by Mr. Incoronato Motion Unanimously Carried Prior to going on to Committee Reports, Mr. Versace welcomed Peter White, Wappinger County Legislator, who reported on County activities of interest to the Town. Mr. White's prime concern was the Marcy 345 power lines---the County will not go along with the law suit and havelost their right to appeal. The attorney for PROTECT initiated a separate law suit started by home owners west of us and we can joinc them. A resolu- tion will be presented to the County next month to join with them. The $7,000.00 appropriated for the law suit last year was lost at the end of the fiscal year, however, Mr. White said he is urging the County Executive to reinstate this money plus another $8,000.00 as he feels she has a moral responsibility to the residents of the Town of Wappinger and East Fishkill who elected her. On a personal basis, although he has never bad mouthed anyone in all his years of cam- paigning, he warned the homeowners that PASNY is not dealing fairly <60 with those involved with rights-of way. In order to obtain them, they are making promises they have no intention of keeping. He has the matter in court on a temporary injunction to prevent them from removing trees. On a lighter note, Mr. White said he has asked the D.E.C. to do a study on a certain species of fish for the purpose of cleaning the I'........ .. ". .~ $I Wappinger Lake. There was a recent discussion on the floor of the County Legislature Meeting with Mr. White and his constituents regarding the breeding habits of these fish which, needless to say, added much humor to that session. Both he and Mr. poillucci will cosponsor a resolution next month which he put in effect four years ago at the time of the last draught. Our winter was a mild one and we are now faced with a low water table; New York City's reservoirs are also low and they want to pump 3 million cubic feet of water from Chelsea Pumping Station; the proposed resolu- tion is directed to the D.E.C. to prohibit this pumping. Committee Reports----- Mrs. Ballard had no reports for this meeting. Mrs. Paino, Clean-Up Days---Due to the numerous calls received in II the Town Clerk's office on information on Clean-Up days, Mrs. Paino announced that the Town would pick up on the east side of Route 9 from April 15 through the 19th and from April 22 through the 26th; on the west side they would start on April 29 through May 3rd and May 6 through May 10, 1985. Mrs. Paino reported that she had received numerous complaints from residents of Nancyaleen Drive regarding the high rate of speed that motorists are traveling on Spook Hill Road; the complaints were prompted by a school bus accident on that road last week. At a previous meeting with Mr. Spratt, Dutchess County Commissioner of Public Works, the Town Board mentioned the fact that they would like a lower speed limit on that road and received a negative I response, however in light of the recent incident and complaints from the residents, Mrs. Paino felt a request should be forwarded to that department. MRS. PAINO moved to petition the New York State Department of Transportation and the Dutchess County Department of Public Works to reduce the speed limit on Spook Hill Road from 40 MPH to 30 MPH. Seconded by Mr. McCluskey Motion Unanimously Carried .Z!!;l L L L g/ Mrs. Paino indicated that she had contacted the State Police and they are monitoring Spook Hill Road with radar at varying times during the day at different days of the week and no warnings will be issued, the violators will receive a sununons immediately. Mrs. Paino noted that there still was an ongoing problem with dogs and when the nicer weather arrives the problem will increase. Although we do have one active Dog Control Officer he is not available during the day and she felt additional ones were needed. MRS. PAINO moved to authorize the Town Clerk to advertise for two additional Dog Control Officers for the Town. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace, referring to the Clean-up Program, wished to invite the Village of Wappingers Falls, (portion within the Town of Wappinger) to participate in the program; he planned to meet with them at the work shop of March 28, 1985 to discuss the schedule with them and also to work out a monetary contribution toward the landfill. Mrs. Paino requested that minutes be taken at this meeting and Mr. Versace responded that he would have his secretary take notes. Mr. Incoronato had a report on the Citizens Zoning Advisory Committee which will hold its fourth meeting tomorrow night. They have had a request from the Planning Board for the committee to consider the possibility of lowering the present requirement of 10 x 20 parking spaces in co~~ercial zones to 9 x 18; this would be in conjunction with their attempt to move some of the parking along Route 9 to the rear to improve the aesthetics so it wouldn't look like a continuous parking lo~c all along Route 9. Indoin9 this they found it necessary to cut back on the number of parking lots in the rear on some occasions. This has brought the, developers to the door of the Zoning Board of Appeals for smaller parking spaces so they could still fit the same amount of vehicles-.--thus the request. It is the concensus of the CZAC to retain the parking dimensions at 10 x 20 because there have been too many bashed fenders and they don't feel it will help the situation to reduce the dimensions. Another request from the Planning Board was for the CZAC to consider reducing the amount of front yardage so they can move buildings closer together on Route 9 in commercial zones and increase the amount of parking spaces in the rear than they would normally allow. Yl At CZAC's request the Dutchess County Department of Planning has determined.that such a change would be allowable at the discretion of the Planning Board. CRAC has requested that the .Planning Board present recommended wording whereby they can be allowed the option of reducing the front yard requirements thereby providing additional parking in the rear which will accomplish a more pleasant view along Route 9. I Victor Fanuele, Chairman of the Planning Board has expressed a concern about the growing number of inlets and curb cuts on Route 9 and has suggested possibility of consolidation of HBl and HB2 properties to increase the amount of acreage necessary to build on Route 9. CRAC has this under consideration. A citizen's group in Arlington who are opposed to the construction of the Galleria Shopping Mall adjacent to the South Hills Mall will be present at the CRAC's meeting tomorrow evening to give a presenta- tion on this proposed construction since it would abut the Town of Wappinger and they feel would cause this Town traffic congestion problems, etc. Mr. Incoronato spoke negatively on the Galleria and the problems it will cause the Town of Poughkeepsie and the Town of II Wappinger. Mr. Incoronato, Zoning---increasing amount of violations in the Town; received call from Chelsea resident indicating there were illegal trucks in a residential zone. He checked it out and found there was a business in this R zone with several large pieces of equipment. He will refer this to the new Zoning Administrator when he or she is appointed. Another violation of the law exists at Mid-Hudson Wreckers, already in violation operating without a license, now have a "Used Car" sign on the shoulder of the road, a violation of the Sign Ordinance, also require a Special Use Permit for car sales in that area. The Attorney is checking these violations. He intends to pursue these violators to see that they comply with the Town regulations. I Mr. McCluskey wished to point out to Mr. Incoronatothat although he was not taking a stand for the Galleria and it might cause problems from the traffic congestion standpoint, he does not feel any Town Board should vote against a business because of competition and the statement that there are enough shopping malls for the population. !f t3 He belit::ves in free cornpeti tion, that is the American way. If it is determined that the Galleria will have a negative impact on the traffic, that could be a good reason to refuse rezoning, but as far as the area supporting a number of stores, that is not for them to decide, competition takes care of itself, some survive, L some do not. He then expressed concern about when the contractor planned to break ground for the Town Hall. Mrs. Ballard responded that the field crew were out there this mormngstaking it out and putting fill along the sides. The footings will be put in either Friday or Monday. Unfortunately, the tempera- ture was 180 this morning. Resolutions--- The first one related to payment to Morris and Andros for Special Drainage Projects which was tabled from the last Ineeting for a more detailed breakdown of the work involved. A breakdown was received from Morris and Andros regarding hourly charges on the drainage L projects. Mrs. Paino noted that this was just received this evening and she had not had sufficient time to review it, but a quick look revealed that the rate per hour was not included. Mrs. Garrisson, Comptroller co~nented that these rates were included in the contract * and she distributed copies of this information to the Board. MRS. PAINO moved to table action on this resolution for further review of the breakdown provided by Morris and Andros this evening. MR. VERSACE moved to set a Special Meeting for Thursday, March 21, 1985 at 7:00 P.M. for the sole purpose of considering payment of the voucher submitted by Morris and Andros. Seconded by Mr. McCluskey Motion Unanimously Carried MRS. PAINO moved to table action until March 21, 1985. l Seconded by i~r. Incoronato Motion Unanimously Carried *The Basis of Fees for the Town of Wappinger by Morris & Andros is attached hereto and made part thereof of the Minutes of this Meeting. ~~ ( A Public Hearing having.been held by the Town Board on the Amendments to the Soil Erosion and Sediment Control Ordinance on March 18, 1985, the matter was now placed before them for their consideration. MR. INCORONATO moved to adopt the following Amendments to the Soil Erosion and Sediment Control Ordinance: (Attached hereto and made part of the Minutes of this Meeting) - Seconded by: Mrs. Ballard Motion Unanimously Carried The following proposed Local Law was introduced by SUPERVISOR VERSACE: LOCAL LAW NO. OF THE YEAR 1985 AMENDING LOCAL LAW NO. 9 OF THE YEAR 1980 AMENDING LOCAL LAW NO. 1 OF THE YEAR 1982 AND DELETING LOCAL LAW NO. 9 OF THE YEAR 1984 RELATING TO THE IMPOSITION, CHARGE AND CONSUMPTION AND USE OF WATER FOR THE TALL TREES WATER DISTRICT AS WELL AS THE PENALTIES AND ENFORCEMENT THEREOF BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. S~ction 1 of Local Law No. 9 of the year 1980 is hereby amended by deleting certain provisions thereof and by substituting the following provisions in their place: I A. All water rates are payable quarterly ending on the last day of the months of January, April, July and October, and the minimum rate shall be payable even though no water is con- sumed, so long as the service shall be considered as connected with the district main unless shut off by authority of the district at the curb box or otherwise at the request of the owner. The minimum rate shall be payable even though water has been shut off when such discontinuance has been made by someone not authorized by the district. B. The owner of any residence served by the Tall Trees Water District shall be obligated to pay the minimum charge of Forty-Nine ($49.00) Dollars per each quarter for consumption of water regardless of the consumption of water for said quarter, provided said owner is connected to the system at any time during the quarter. C. Such water rates shall be payable for each of the four quarters of the year and shall be subject to the penalties hereinafter provided. SECTION 2. PAYMENT AND ENFORCEMENT OF WATER RATES. I 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%) per cent of the amount unpaid shall be added to that bill for the water. B. Said water charges shall constitute a lien upon the real property served by the water system of the district, and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rate or other lawfuL charge imposed by the Town. SECTION 3. If any owner of the real property on which a water charge has been imposed deems himself aggrieved 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 a refund of all or part of such water charqes. Such application g.s- shall be verified by'such party and shall set forth. the amount of refund sought and the grounds therefor. Such application shall be presented to the Town Comptroller, who shall forward such application to the Town Board with his recommendations in relation thereto. The Town Board may refund all or part of such water charges. SECTION 4. This local Law shall supersede all prior Local Laws imposing water rates and penalties and providing for the manner of collection thereof for this district. l SECTION 5. In addition to any rates heretofore set forth, there shall be a special water charge of Sixty eight and 32/100 ($68.32) Dollars for a period of two (2) years due only on March 1 of the years 1985 and 1986 and payable within sixty (60) days thereafter, said special charge to be separately billed by the district. SECTION 6. This Local Law shall take effect immediately upon adoption and as prescribed by Municipal Home Rule Law. 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 18th day of M,arch, 1985, a proposed Local Law Relating to the Imposition, Charge and Consumption and Use of Water for the Tall Trees water District and, L 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 1st day of April at 7:50 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 Ballard Roll Call Vote: 5 Ayes ..0 Nays Mr. Kessler explained that there was an error in the recent. Local Law pertaining to Tall Trees Wa\:er District thus the need for this amended one. ~ Correspondence was received from Ian MacDonald, Chief Assistant Attorney from the Dutchess County Department of Law enclosing a proposed agreement with the New York State Power Authority for payment .to 'che Town in lieu of "caxes on the Heffernan property on Route 9 which they recently purchased. The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: ;~~b WHEREAS, the Power Authority of the State of New York (hereinafter called PASNY) has acquired title in fee to a parcel of real property in the Town of Wappinger, State of New York, and WHEREAS, PAS NY is exempt from the payment of real property taxes to local municipalities, and WHEREAS, PASNY proposed to make an ~greement with the Corinty of Dutchess and Town of Wappinger for payments in lieu of taxes for said property, and WHEREAS, this Legislature must authorize this agreement for its execution and implementation, now, therefore, be it I RESOLVED, that the agreement between PASNY, the County of Dutchess and the Town of Wappinger, a copy of which is attached hereto, for payments in lieu of taxes on a parcel described therein situate in the Town of Wappinger, County of Dutchess and State of New York, is hereby approved, and be it further RESOLVED, that the County Executive is hereby authorized, directed and empowered to execute said agreement on behalf of the County of Dutchess, and be it further RESOLVED, that the County of Dutchess by this action, makes no concession as to the need for the acqui$ition of this property by PASNY, and in fact continues to contest the need for the con- struction of the Marcy-South line, and be it further RESOLVED, that the Town of Wappinger, by this action, makes no concession as to the need for the acquisition of this property by PASNY, and in fact continues to contest the need for the construction of the Marcy-South line. Seconded by: Councilman McCluskey - Roll Call Vote: 5 Ayes 0 Nays MR. INCORONATO moved to authorize the Supervisor to sign the Agreement between the Town of Wappinger, the County of Dutchess and the Power Authority of the State of New York as stated in the aforesaid resolution. Seconded by Mr. McCluskey Motion Unanimously Carried The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: IN THE MATTER OF THE REVISION OF BOUNDARIES AND DESCRIPTIONS OF THE KENDELL FARMS CONSERVATION PARK DISTRICT. WHEREAS, a petition dated November 28, 1983 was presented to the Town Board .ofthe Town of Wappinger with a map and plan requesting that a conservation park district be established in the Town of Wappinger; and I WHEREAS, James A. Klein had petitiqned the Town Board as a condition for subdivision approval for the creation of a conserva- tion park district, and WHEREAS, the Town Board on March 5, 1984 adopted a resolution reciting in general terms the filing of the said petition and setting forth the boundaries thereof; and WHEREAS, an application has recently been made whereby the description for the conservation district is requested to be amended. l l L ~7 NOW, THEREFORE, BE IT RESOLVED, that a Public Hearing shall be held on the 1st day of April, 1985 at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, Ne~l York to consider the application to amend the description of the boundaries of the Kendell Farms Conservation'Park District as shown on the description of Robert L. Campbell, L.S., dated February 25, 1985 attached hereto and made part thereof of the Minutes of this Meeting. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays At the last meeting the Attorney had been requested to prepare the necessary resolution to introduce Amendments to Local Law 3 of 1983, Fire Prevention Code and set a Public Hearing thereon. Mr. Kessler stated that he will meet with the Fire Inspector on Tuesday evening to discuss this amendment with him and will prepare the resolution after this discussion. MR. VERSACE moved to table th~s matter to the April 1, 1985 Meeting. Seconded by Mrs. Paino Motion Unanimously Carried The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption~ WHEREAS, the Town of Wappinger. would like to honor Kenneth Arthur Browne, who was killed at the age of nineteen during the Korean conflict while serving his country, and WHEREAS, Kenneth Arthur Browne resided in the Chelsea area of the Town of Wappinger, now BE IT RESOLVED, the playing field at the Dratz-Deegan Recreation Area in the Town of Wappinger be dedicated. .to the memory of all those who served their country during the Korean Conflict, and BE IT FURTHER RESOLVED, the above mentioned field be re-named as the Kenneth Arthur Browne Memorial Playing Field and that this be indicated by the placing of a placque on the backstop. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays Prior to action on this resolution Mr. Incoronato con~ented that residen~s of the Chelsea Area had requested that the field at the Castle Point Recreation Field be named after Kenneth Arthur Browne who died in the Korean War at the age of nineteen. He did a re- search on this conflict and reported on his findings. His intent was to have a ceremony on Memorial Day this year. A Letter of Credit was received at the last meeting from Mr. Buyakowski for the Woodcrest Subdivision. The Engineer had some concerns and preferred some changes in the Letter. The Town Attorney ~~ contacted the_developer's Attorney requesting these changes in the wording and the expiration date and has not been in touch with Mr. Kessler since then. MR. VERSACE moved to table action to the April 1, 1985 meeting and requested the Attorney to contact the First National Bank asking that they put these recommendations made by the Engineer I in the Letter of Credit. Seconded by Mr. McCluskey Motion Unanimously Carried A request from Mr. Macgeorge, All Angels Hill Road and Park Hill Drive to connect to the Watch Hill Water Improvement Area was referred to the Engineer at the last meeting to determine if the property was within the Area boundary lines. The Engineer had a difficult time trying to procure the map of the Area and used a tax map to determine that the Macgeorge properties are not located within the Area and therefore Mr. Macgeorge would have to become a tenant to the Improvement Area. The as-builts were not availabe to him so the location of the water main could not be determined. There would be no objection from Mr. Evangelista to have Mr. MaCgeOrg1ll become a tenant, however, the lines would have to be located before he could proceed. MR. INCORONATO moved to inform Mr. Macgeorge that the Town Board has no objection to him becoming a tenant to the Watch Hill Water Improve- ment Area and when he engages an Engineer to locate the water lines at his own expense, the Town will consider his request. Seconded by Mrs. Paino Motion Unanimously Carried A response was received from the Attorney regarding our letter to him for an opinion on the Town requesting the Dutchess County Department of Health to approve all subdivisions in the Town with respect to health matters. He had no objection but questioned I whether the Health Department will undertake such obligations. The Engineer indicated at the last meeting that the Health Depart- ment would be receptive to giving their approval if requested by the Town. MR. INCORONATO moved that the Town petition the Dutchess County Department of Healt~~~view subdivision plans for all subdivisions L L L qr irregardless of size with respect to health matters. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace requested that a copy of this letter be sent to Victor Fanuele, Chairman of the Planning Board. The next response from the Attorney related to the effect on the Town if the State took action to grant all veterans exemption on their income tax as opposed to real property tax exemption. Mr. Kessler explained that they would have to look at the language of the new bill as to whether it would replace the existing legislature and until such new bill is drafted the local law allowing the Veterans exemption is still in existence. MR. VERSACE moved to receive the correspondence from the Attorney and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Under New Business, Mr. Versace reported that the Board interviewed six applicants for the position of Zoning Administrator for the Town and he asked the Board to consider making an appointment this evening as the position has been vacant for over a week. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: RESOLVED, that Anna Angell-Young be and she hereby is provisionally appointed to the Civil Service Position of Zoning Administrator for the Town of Wappinger, and BE IT FURTHER RESOLVED, that the annual salary for this classified provisional Civil Service position in the Town be and the same hereby is fixed and establshed at an annual rate of $17,000.00 prorated from March 19, 1985. Seconded by: Councilman Incoronato Roll Call Vote: Councilwoman Ballard' Councilman Incoronato Councilman McCluskey Councilwoman Paino Supervisor Versace Aye Aye Nay Nay Aye Resolution Duly Adopted Prior to the vote Mrs. Paino questioned whether the Town had received notification from Dutchess Cqunty Department of Personnel indicating that the Town may make a provisional appointment for this position. Mr. Versace noted that the list for postion of Zoning Administrator qb included two names, the first was Mrs. Farnsworth who is presently employed by LaGrange and another individual who rejected the position. There are no names available, therefore the Town is allowed to make a provisional appointment subject to the holder of this position taking the Civil Service test whenever it is available. Mrs. Paino had spoken to Elena Hanlon, Superintendent of Dutchess County Department of Personnal who indicated that before the Town I can make a provisional appointment they would have to receive written notice from the County allowing,such an appointment. The discussion continued, Mr. Versace disagre~d with this ruling since there were no names available and he felt the position should be filled as soon as possible so this department could be in operation again. Mrs. Garrisson added that the rules and regulations concerning provisional appointments allow such appointments when no other appli- cants are available. Mrs. Paino then referred to the applicant being considered and felt she had no zoning experience for this important job. She would prefer to table action until they had time to review the list for the Assistant Zoning Administrator--at least that person would have to have past experience in order to pass the test. - The question of residency came up and although the person is a resident of the Town, Mrs. Paino noted that anyone they appoint has the option of moving into the Town during the first year of employment. Mr. Versace persisted in his efforts tomake this appoint- ment tonight since waiting another two weeks would create a three week backlog of work in this department. Mrs. Paino felt that it behooved the Town to hire someone with , ' zoning experience since it is an important position and reiterated the fact that the Superintendent of Dutchess County Personnel stated that the Town could not make such an appointment provisionally until official notification was received from that department---thus her negative vote. Mr. Versace referred to Mrs. Garrisson's statement that the Town I is allowed to make this appointment under the rules and regulations of Civil Service appointments. Anyone can take this test, some do well at it, some do not, that does not mean'that they cannot learn the job; he has enough confidence that Mrs. Angell-Young will be a good Zoning Administrator and will be very able to enforce the zoning laws. L l L q/ Mr. Richard Tallman was recognized by the Chair. and wen~ into a lengthy report on his recent efforts to enforce a resident on Spook Hill Road to comply with zoning regulations and the Noise Ordinance relating to the operation of her kennel. He had sought relief through Mrs. Paino contacting the Attorney to the Town but still has received no relief. In response to his question on what could the Town do for him, 11r. Versace answered that he would have to start from scratch since his attempt to settle it in the courts resulted in a dismissal by the presiding judge in East Fishkill. Mr. Tallman felt that he was going in circles since Mrs. Paino had assured him several Inonths ago that he need do nothing further, the Town would deal with it and Mrs. Farnsworth, Zoning Administrator had informed him that the Attorney could not get involved. Mrs. Paino rehashed her conversations with the Attornety on the matter who had avised her it was within the juris- diction of the Zoning Administrator. Mr. Kessler concurred with these facts but pointed out that it was a very difficult situation to prove in court; there were many types of evidence required such as times, places, description of dog, meter of noise, etc. and his past experience with these law suits have resulted in his opinion that the best way to handle it is to do it on their own; it would be a burden on the taxpayers to assist in these matters and require the Zoning Administrator to pursue it. After a continued repetition of the past events and procedures followed by Mr. Tallman, Mr. Incoronato offered the assistance of the Attorney if Mr. Tallman wished to pursue it further. Mr. Tallman responded that he would confer with his Attorney and get back to the Town Board at the next meeting. A final statement from Mr. Incoronato pointed out that the complaint was an academic situation since the violator had informed the Town Board that she intended to sell her home and move to the Adirondacks in the n.ear future. Mr. Evangelista referred to a letter from Wilson Excavators relative to additional costs on the Drew Court and Regency Drive Stream Cleaning Project and the removal of waste material. Some of the residents wanted the fill on their property which would require grading, mulching and seeding, thus the additional cost. Others did not want it and also wanted it removed from the stream banks. q~ Why wouldn't this removal be included in the bid price, Mrs. Paino asked and was told by Mr. Evangelista that normally it is left with the residents or on the stre~m banks, but in this ~ase those residents who were not agreeable to it being dumped on their property wanted it removed from the site entirely. Mr. Versace noted that the Town would not be responsible to grade, mulch and seed residents' property so that charge could be removed I from the voucher. He recommended that Mr. Evangelista check with the contractor to determine the amount of fill they were talking about and check with the Recreation Commission to see if they would want it for fill and where. There was no other business to corne before the Board MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting adjourned at 9:49 P.M. -\\~ H. Snowden Town Clerk I Reg. Bimonthly Mtg. 3/18/85 I 1W ~ ii';- 0p~c ci'-"- " '.u cc '~J c~. j11:krcr ~1 "W/~G-,fcm(J,ULI~J IqF;~ ~~. l ;' l>P1-. . U ATTACHMENT A I tjl 1\' I . I I' , ',L\..t.' t.' ; /' "" , "- ~ If\., ~ () ~ .J ) BAstS OF FEES FOR MUNTCTPAl. ENGINEERING SERVICES FOR THE Town OF WAPPINGER by MORRIS & ANDROS Engineering Consultants 1. Fee Sc~edllle The fees (or services to be provided by t10rris & Andros are tabulated belo~. Such fees shall not be exceeded ~ithout formally anendin~ the A~reement ann having said amendment :1pproved by resolutiop of the Town of Wappinger To~ Board. L 2. Fee Ba~;i~; The basis of pavment for the work performed shall be in accord:lnce with the hourlv unit price method applied as a cost-reimbursible procedure: FEE SCHEDULE Functional l{ole Hourlv Rate to the ~o~n Partner Senior Engineer Assistant En~ineer Staff Engineer Designer/Draftsman Draitsman Field Survevor Technician Secretarial Personnel $ 45.00 39.00 33.00 30.00 29.00 26.50 28.50 23.50 15.50 L , ...........J......:, . ......'..... ~ " ~ I '.~ ,,- '. .' ,. ,',",r.,,"'- " '''I . L.... ....-. ':, ,"" ' :".'"", '. , .... I ~ . ' ..;, -- ., . ,I; :'.'i.;-,/. :7. ."'~ ,~ ~:. . .. . . i,; '. . ~ \ . . ; \;~:i:..: "<" , . . '.. ~ ". f ",. ' - . __._....._.... ~.....,"-.' o. '... ..'. ..".......... ...' _. '" --". ._- .._---.-..-....-...^-~...-.-....-..-.............- _ ........ '-..........-.__ _ ___... __... .J_ .. _ ... ...__......._ _ -. _...... L \ - L (S,"cvJ BE IT ENACTED, by the Town ~, 11 l~ of the Town of Wappingers. as follows: ARTICLE II - DEFINITIO:lS - No, 6 - DEVF.LOP~~lT PL&~: to be amended to read as follows: "The official master plan of the Town of Wappinger which is used as a guide for the appropriate development of the Town." ARTICLE II - DEFI~ITIONS - No. 13 - GR.A.DE:G : to be amended to read as follows: "Any stripping of soil, cutting of earth forms, filling, stockpiling, or any combination thereof and shall include the land in its cut or filled condition." ARTICLE II - DEFINITIO!\S - No. 29 - STA!mARDS AND SPECIFICATIO:'1S: to be amended to read as follows: "The manual entitled, "Erosion and Sediment Control Standards and Specifications" published by the Town of Wappinger Conservation Advisory Council, printed January 1981, which is a compilation of best design practices for construction related activities intended to minimize impact upon water qualit. from . .. ~ soil erosion and sedimencacion, and which may, froo time to t~e, be updated and/or revised on an annual basis no lacer, however, than March 1, of each year. ARTICLE III - APPLICATION PROCEDURE - Subdi vi s ion B/ CO:-rPLIAt:Cr:: SITE P!..At1S AND SUBDIVIS IO~l PUSS to be amended to read as follows: ."No site plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the standards and specifications of the Town of Wappinger. No approval for a certificate of occupancy for any building will be granted unless all needed er~sion control measures have been completed or substantially provided for in accordance with this ~ ordinance and the standards and specifications of the Town of Wappinger. The applicant shall bear the final responsibility for the installation, construction, and maintenance of all required erosion concrol measures according to the provisions of this ordinance and to the standards and specifications of the Town of Wappinger. For this section, plat shall mean any subdivisio~ plun which will require internal str~et/s, man-made drainage systems, extensive regrading, underground utilities and/or other improvements. ARTICLE III - APPLICATION PROCEDURE - Subdivision C/CO~rPLIANCE : PLOT PLANS: to be amended to read as follo-,..,5: L "Prior to issuance of a building permit for one or more lots within an approved subdivision, the applicant shall include erosion control measures either on an overall plan or on .' -2- ..., . .- " ..... . ..-".' p . .. .. ...."':.:"'.. ~ . . L L II individual plot pl~ns, at the disc~etion of t~e Zoning Administrator. The require~ents of this section may be waived if, in the discretion of the Zoning Administrator and Engineer to the Town, there is no reasonable erosion hazard." ARTICLE II I - APPLICATIOLl PROCEDURE - Subdivision 0: DATA REQUIPED: No.5: to be amended to read as follows: "Plans and specifications of soil erosion and sedimentation cont~ol measures, in accordance with standards and specifications of the Town of Wappinger, at a reasonable scale, preferably 1"=50'." ARTICLE III - APPLICATION PROCEDURE - Subdivision E: PERMITS: No l./R~OUIP~!ENT: to be amended to read as follows: "Except as exempted by Paragraph 2 of this section. no applicant shall do any grading, stripping, cutting, filling, or other site preparation, without a valid grading permit issued by the Zoning Administrator." ARTICLE III - APPLICATIO~ PROCEDURE - Subdivision E: PE~lITS: No. 2./APPLlCATION: to be amended to read as follows: "A separate application shall be required for each grading permit. Plans, specifications, and timing schedules shall be submitted with each application for a grading permit. The plans shall be prepared or approved and signed by a pro- fessional engineer, surveyor, or an architect at a scale -3- ".,.. ..- ~ '''','' - . ",'.~ ..~'~. . " b L L . <,.......:.. . .. acceptable to the Zoning Administ=ator, and shall be reviewed and approved, disapproved, or oodified by the engineer to the Town. The Zoning Administrator may waive the preparation or approval and signature by the applicant's professional engineer. sur/eyor. or architect when the work entails no reasonable hazard to the adjacent property." ARTICLE IV - PRINCIPLES AlID STAtIDARDS - Subdivision A/IMPLEMENTATION: to be amended to read as follows: "Since considerable soil erosion can take place during construction, plans shall contain both proposed erosion and sediment control measures and a timetable for development and control. These measures shall be incorporated into the final plat, site plan, or plot plan and the final construction drawings. Erosion and sedioent control measures shall confo~ to the standards and specifications established by the Tow~ of Wappinger. These measures shall apply to all features ~ h ot tue construction site. including street and utility installations as well as to the protection of individual lots. Measures shall also be instituted to prevent or control erosion and sedi~entation during various stages of development." ARTICLE IV - PRINCIPLES AND STA~IDARDS - Subdivision B/GENE~~L DESIGN PRINCIPLES: No.8: to be amended to read as follows: "Critical areas exposed during construction shall be protected with temporary veg~tation and/or mulching, or other appropriate methods described by the Standards and Specifications." -4- .., ~.;~ 4'.'-.v:....4'...-~~:. -,!": /- _r;...... ".- '.."'L,~..:. .... "11.' ~ ','''-. . .. #' k ARTICLE V - e:SPEC7IO~: A::D E~:FOP.C2'!E::T - Subdi vi s ion AI INSPEC7I0N: to be amended to read as fo llmvs : "The requirements of this article shall be enforced by the Zoning Administrator who shall inspect or require adequate inspection of the work. If the Zoning Administrator finds any existing conditions not as stated in any application. grading permit, or approved plan, said Zoning Administrator may refuse to approve, further work and issue a cease and desist order. For purposes of inspecting for compliance with this ordinance, the Zoning Administrator or representative shall be guaranteed access to the applicant's site and a valid permit shall be available upon request, at the site." ARTICLE V - INSPECTION AND E!-;FORCS-fE~:T - L Subdivision D!PENALTIES: to be amended to read as follows: '~ny person, firm or corporation who violates. neglects, omits, or refuses to comply with any provision of this Ordinance. or any permit or exception granted hereunder, or any lawful requirement of the Zoning Administrator, shall be fined on conviction not l~ss tha~ nvo hundred and fifty ($250) dollars L nor more than five hundred ($500) dollars together with the cost of prosecution. To promote compliance with the provisions of the Ordinance, each day that a violation continues, following notification, shall be deemed a separate offense. The imposition of any fine shall not exempt the offender from further compliance with the provisions of the Ordinance." -5- -.',".~"" ---1 -~ /-, L !........... :~ .,' .' BARGER, CAMPBELL, GRAY & RAILING ENGINEERS 8r SURVEYORS. P.C. U5 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. 8r L.S. ROBERT L. CAMPBELL. L.S. ROBERT J. GRAY. P.E. JOHN E. RAILING. P.E. TELEPHONE 297-9435 297 -4 775 297.5775 February 25, 1985 Deed Description Conservation District - Kendell Farms All that parcel of land situate in the Town of Wappingers, County of Dutchess and State of New York anc being known as a Conservation District as found on a map entitled "Revised Subdivision Plat, Kendell Farms", said man filed in the Dutchess 'County Clerk's Office as Filed Ma~ #1o~~ bounded and described as follows: Beginning at a point on the Northerly side of Hopewell Road, said point ~arkinq the Southwest corner of the herein described parcel and the Southwest corner of Kendell Farms as found on Filed Map #7025 and the Easterly line of lands now or formerly Sbuttoni, running thence Northeasterly along the Westerly line of the herein described parcel and the Easterly line of Orchard Park, North 260-39'-40" East 500.00 feet, North 710-02'-50" East 91.77 feet, North 350-28'-00" West 105.17 feet, North 180-21'-10" West 50.18 feet, North 350-28'-00" West 128.96 feet, thence on a curve to the right with a radius of 314.59 feet and an arc length of 119.36 feet, North 030-09'-40" East 221.00 feet, thence on a curve to the left with a radius of 695.00 feet and an arc length of 813.47 feet, North 630-54'05" West 48.54 feet, North 260-05'-53" East 99.88 feet, North 780-49'-54" West 106.30 feet, thence on a curve.to the left with a radius of 30.00 feet and an arc length of 39.31 feet, South 260-06'-00" Nest 138.51 feet, North 630-54'-00" West 50.00 feet, North 260-06'-00" East 138.50 feet, North 300-17'-20" East 11.50 feet, and North 550-40'-00" West 69.28 feet to a point marking the most Northwesterly corner of the herein described parcel, running thence the following along the Northerly line of the herein described parcel and the Southerly line of lands now or formerly Owners Maintenance, running thence along the same South 780-08'-30" East 311.08 feet, South 790-04'-50" East 226.80 feet, South 780-49'-30" East 253.51 feet, South 790-33'-00" East 80.13 feet, North 640-07'-10" East 287.29 feet, North 620-31'-00" East 1050.72 feet, and North 610-15'-00" East 571.59 feet to a point marking the most Northerly corner of the herein described parcel, thence continuing the following two courses and distances along the aforementioned Owners Maintenanc~ South 160-57'-00" East 829.42 feet and South 730-03'-00" East 150.00 feet to a point marking , ":,.... -1 \: L - ~ BARGER, CAMPBELL, GRAY & RAILING ENGINEERS 8r SURVEYORS. P.C. 115 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. 8r 1..5. ROBERT I.. CAMPBEI.I.. 1..5. ROBERT J. GRAY. P.E. JOHN E. RAII.ING. P.E. TEI.EPHONE 297.9435 297 -4 775 297-5775 paqe 2 Deed Description - Conservation District - Kendell Farms the Easterly division line of the herein described parcel and the Westerly line of the aforementioned Owners Maintenance, running thence the following along the same South 160-57'-00" East 186.00 feet, thence continuing along Owners Maintenance South 620-44'-30" West 1655.37 feet, South 270-56'-00" East 263.40 feet and South 050-27'-00" West 536.78 feet to a point marking the Southeasterly corner of the herein described parcel and the Northerly line of lands now or formerly Central Hudson Gas and Electric Corporation, running thence Southwesterly along the same South 650-46'-00" West 150.00 feet to a point marking the most Southerly corner of Lot 46, running thence the following along the Easterly line of said Lot 46, 47, 48, 49, 50, 51, .52, and 53 North 360-51'-47" East 176.00 feet, North 050-32'-00" East 451.96 feet and North 270-56'-00" West 240.79 feet to a point marking the Northeast corner of Lot 53, running thence Southwesterly along, the Northerly line of said Lot 53 South 750-00'-00" West 110.00 feet to a point on the Easterly side of Nicole Drive, running thence Northwesterly along the same North 230-11'-30" West 100.73 feet, thence on a curve to the left with a radius of 445.00 feet and an arc length of 79.84 feet, North 330-28'-15" \'7est 101.32 feet, thence on a curve to the right with.a radius 225.00 feet and an arc length of 58.09 feet to a point marking the Southerly line of Lot 56, running thence the following two courses along the Southerly and Easterly line of said Lot 56 North 640-30'-00" East 131.10 feet and North 150-47'-00" West 73.34 feet to a point on the Southwesterly side of Lot 64, running thence the following two courses along said I.ot 64 South 530-39'-00" East 53.79 feet and North 290-00'-00" East 115.00 feet to a point on the Southerly side of Lenny Court, running thence along the same on a curve to the left with a radius of 50.00 feet and an arc length of 155.57 feet to a point marking the Southerly line of Lot 66, running thence Northeasterly along the same North 670-35'-32" East 106.04 feet to a point marking the Easterly line of said Lot 66, running thence Northwesterly along the Easterly line of said Lot 66, 67, 68 and 69 North 150-47'-00" West 180.00 feet thence on a curve to the left with a radius of 305.00 feet and an arc length of 232.05 feet to a point marking the Westerly line of said Lot 69, running thence Southwesterly along the same South 300-37'-27" West 130.00 feet to a point on the Northerly side of Lennv Court, thence on a curve to the left with a radius of 175.00 feet and an arc length of 67.16 feet to a point marking the Easterly llne of Lot 70, running thence Northeasterly along the same North 080-38'-12" East 130.00 feet to the Northerly line of the aforementioned Lot 70, running thence along the Northerly , ,. .... '.. . "."".' -1 ~ L L BARGER, CAMPBELL, GRAY & RAILING ENGINEERS e. SURVEYORS. P.C. U5 NEW HACKENSACK RD. WAPPINGERS FALLS. NY 12590 RICHARD G. BARGER. P.E. e. 1..5. ROBERT L. CAMPBELL. 1..5. ROBERT J. GRAY. P.E. JOHN E. RAILING. P.E. TEL.EPHONE 297-~35 297-4775 297-5775 Page 3 Deed Description - Conservation District - Kendell Farms line of Lot 70, 71, 72, 73, 74, 17 and 16 on a curve to the left with a radius of 305.00 feet and an arc length of 129.99 feet South 740-13'-00" West 210.00 feet, South 620-19'-50" West 140.53 feet and North 780-08'-25" West 265.87 feet to a point marking the Northwesterly corner of Lot 16, and the Easterly line of a 50 foot strip to be deeded to the Town of Wappinger for highway purposes, running thence Southeasterly along the same South 250-42'-40" East 122.53 feet to a point on the Northerly side of Kendell Drive, thence on a curve to the left with a radius of 50.00 feet and an arc length of 52.51 feet to a point marking the Easterly line of Lot 15 and the Westerly line of the aforementioned 50 foot strip, running thence Northwesterly along the same North 250-42'-40" West 157.41 feet to a point marking the most Northerly corner of Lot 15, running thence along said Lot 15 South 550-47'-55" West 114.94 feet and South 060-46'-32" West 96.26 feet to a point marking the Southwesterly corner of I.ot 15 and the most- vlesterly corner of Lot 14, running thence along the Westerly line of Lot 14, 13, 12, 11, 10, 9, 8, 45, 7, and 6 South 420-20'-20" East 50.00 feet, thence on a curve to the right with a radius of 725.00 feet and an arc length of 575.74 feet, South 030-09'-40" w~st 113.00 feet, South 590-49'-27" East 96.80 feet, South 340-54'-05" East 160.00 feet to the most Southerly corner of Lot 6 and the Northwesterly line of a 50.00 foot strip to be deeded to the Town for highway purposes, running thence Northeasterly along the same North 550-05'-55" East 140.00 feet to a point on the Westerly side of Kendell Drive, running thence Southeasterly along the saI!le South 340-54'-05" East 50.00 feet to the Northwesterly side of Lot 5 and the Southeasterly side of the aforewentioned 50.00 foot strip, runninq thence Southwesterly along the same South 550-05'-55" West 140.00 feet to a point marking the most Westerly corner of Lot 5, running thence along the Westerly line of said Lot 5, 4, 3, 2, 1 and 27 South 350-28'-00" East 80.00 feet, South 220-00'-00" East 75.00 feet, South 060-00'-00" East 95.00 feet, South 140-16'-28" West 130.84 feet, and South 230-06'-04" West 104.00 feet to a point marking the Southerly line of Lot 27, running thence Southeasterly along the same South 660-52'-56" East 125.00 feet to a point on the Westerly side of Kendell Drive, running thence along the same South 230-06'-04" West 266.00 feet to a point on the Northerly side of Old Hopewell Road,.running thence along the same North 570-22'-10" West 155.19 feet and North 650-57'-10" West 18'.00 feet to the point or place of beginning. , Containing 44.4 acres of land, more or less. .. L ,.. L BARGER, CAMPBELL, GRAY & RAILING ENGINEERS 6 SURVEYORS. P.C. o 115 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.I!. 6 L.S. ROBERT L. CAMPBELL. L.S. ROBERT J. GRAY. P.E. JOHN E. RAILING. P.E. TELEPHONE 297-9435 297.4775 297-5775 Page 4 Deed Description - Conservation District - Kendell Farms Excepting and reserving from the above described parcel a 50.00 foot strip to be deeded to the Town of Wappinger for highway purposes, bounded and described as follows: . Beginning at a point on the Westerly side of Kendell Drive, said point marking the Northwesterly division line of the herein described parcel and the Southeasterly line of Lot 6, running thence Southeasterly along said Kendell Drive South 340-54'-05" East 50.00 feet to a point marking the Southeasterly line of the herein described parcel and the Northwesterly line of Lot 5, running thence Southwesterly along the same, in part, South 550-05'-55" West 178.57 feet to a point marking the South- westerly division line of the herein described parcel, running thence Northwesterly along the same North 180-21'-10" West 50.18 feet and North 350-28'-00" West l.90 feet to a point marking the Northwesterly division line of the herein described parcel and a point in range with the Southerly line of Lot 6, running thence Northeasterly along the same North 550-05'-55" East 164.30 feet to the point to place of beginning. Containing 0.2 acres of land, more or less. Further excepting and reserving from the above described parcel a 50.00 foot strip to be deeded to the Town of Wappinger for highway pur~oses, bounded and described as follows: Beginning at a point on the Northerly side of Kendell Drive, said point marking the Westerly line of Lot 16 and the Easterly line of the herein described parcel, running thence on a curve to the left with a radius of 50.00 feet and an arc length of 52.51 feet to a point marking the Westerly division line of the herein described parcel and the Easterly line of Lot 15, running thence Northwesterly along the same, in part, North 250-42'-40" West 177.60 feet to a point marking the Northerly division line of the herein described parcel, running thence Southeasterly along the same South 780-49'-30" East 62.51 feet to a point marking the Easterly division line of the herein described parcel and a point in range with the Westerly line of Lot 16, running thence Southeasterly along the same South 250-42'-40" East 143.66 feet to the point or place of beginning. Containing 0.18 acres of land, more or less. Subject to the rights of public utilities and or easements of record, if any. L, L ,. ...., .' BARGER, CAMPBELL, GRAY & RAILING ENGINEERS er SURVEYORS. P.C. 115 NEW HACKENSACK RD. WAPPlNGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. er L.S. ROBERT L. CAMPBELL. L.S. ROBERT J. GRAY. P.E. JOHN E. RAILING. P.E. TELEPHONE 297-9435 297-4775 297-5775 Page 5 February 25, 1985 Deed Description Conservation District - Kendell Farms All that parcel of land situate in the Town of Wappingers, County of Dutchess and State of New York and being known as a Conservation District as found on a map entitled "Revised Subdivision Flat, Kendell Farms", said map filed in the Dutchess County Clerk's Office as Filed Map #?O~~~ bounded and described as follows: Beginning at a point.on the Northerly side of Old Hopewell Road, said point marking the Southeast corner of the herein 'described parcel and the Southeast corner of Kendell Farms as found on Filed Map #7025, running thence Northwesterly along said Old Hopewell Road North 710-58'-00" West 179.98 feet, North 680-55'-00" West 201.89 feet, North 640-30'-00" West 144.51 feet and North 620-23'-00" West 233.91 feet to a point marking the Northwesterly division line of the herein decribed parcel and the Southeasterly line of lands now or formerly Central Hudson Gas and Electric Corporation, running thence Northeasterly along the same North 650-46'-00" East 720.11 feet to a point marking the Northerly line of the herein described parcel and the Southerly line of lands now or formerly Owners Maintenance, running thence the following along the Northerly and Easterly line of the herein described parcel South 810-03'-00" East 194.47 feet, South 150-31'-30" West 364.00 feet and South 140-13'-00" ~lest 220.33 feet to the point or place of beginning. , , Containing 6.14 acres of land, more or less. Also all that parcel of land bounded and described as follows: Beginning at a point on the Northerly side of Old Hopewell >> Road, and the Easterly side of Kendell Drive, running thence North- easterly along said Kendell Drive North 230-06'-04" East 118.34 feet to a point markinq the Northerly line of the herein described parcel and the Southerly line of Lot 40, running thence along the Southerly line of Lot 40 and the Southerly line of Lot 65 South 660-53'-56" East 110.00 feet and South 840-27'-55" East 126.77 feet to a point marking the Southeasterly line of the herein described parcel and the Northwesterly line of lands now or formerly Central Hudson Gas and Electric Corporation, running thence ( L " ~ BARGER, CAMPBELL, GRAY & RAILING ENGINEERS a SURVEYORS. P.C. 115 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARO G. BARGER. P.E. a 1...5. ROBERT L.. CAMPBEI..I... 1...5. ROBERT J. GRAY. P.E. JOHN E. RAII..ING. P.E. TEI..EPHONE 297-9435 297-4775 2517-5775 Page 6 Deed Description Conservation District - Kendell Farms Southwesterly along the same South 650-46'-00" West 220.38 feet to a point on the Northerly side of the aforementioned Old Hopewell Road, running thence Northwesterly along the same North 630-04'-30" \vest 81.69 feet to the point or place of beginning. Containing 0.43 acres of land, more or less. Also all that parcel of land bounded and described as follows: Beginning at a point on the Easterly side of Kendell Drive, " said point marking the Northerly division line of the herein described parcel and the Southerly line of Lot 36, running thence Southeasterly along the Southerly line of said Lot 36, South 660-53'-56" East 130.00 feet, running thence Northeasterly along the Easterly line of Lot 36 and Lot 37 North 230-12'-25" East 153.00 feet to a point marking the most Northerly point of the herein described parcel and the Westerly line of Lot 44, running thence Southerly along the Westerly line of said Lot 44 South 090-25'-28" West 55.96 feet, South 050-32'-00" West 50.00 feet, thence on a curve to the left with a radius of 160.00 feet and an arc length of 73.83 feet to a point on the Northerly side of Nicole Drive, running thence along the same on a curve to the right '\.'1;.th a radius of 195.00 feet and an arc length of 139.94 feet North 660-53'-56" Nest 42.83 feet, thence on a curve to the right with a radius of 25.00 feet and an arc length of 39.27 feet to a point on the Easterly side of the aformentioned Kendell Drive, runnig thence Northeasterly along the same North 230-06'-04" East 35.00 feet to the point or place of beginning. Contiaining 0.299 acres of land, more or less. Also all that parcel of land bounded and described as follows: Beginning at a point on the Easterly side of K~ndell Drive, said point marking the Southerly line of the herein described parcel and the Northerly line of Lot 37, running thence Northerly along the Easterly side of Kendell Drive on a' curve to the left with a radius of 185.00 feet and an arc length of 23.53 feet to a point marking the Southerly line of Lot 38, running l., lIiIIr' BARGER, CAMPBELL,GRAY & RAI~ING ENGINEERS a SURVEYORS. P.C. o 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 Page 7 Deed Description - Conservation District - Kendell Farms thence Northeasterly along the same North 780-08'-00" East 126.20 feet to a point marking the Easterly line of Lot 38, running thence Northwesterly along the same and along the Easterly line of Lot 39 North 110-21'-00" West 240.00 feet to a point marking the North- westerly line of Lot 39, running thence Southwesterly along the same South 600-29'-00" West 132.29 feet to a point on the Easterly side of Kendell Drive, running thence on a curve to the left with a radius of 355.00 feet and an arc length of 30.69 feet to a point marking the Southerly line of Lot 28, running thence Northeasterly along the same North 600-29'-00" East 142.70 feet to a point marking the Easterly line of said Lot 28, running thence North- westerly along the Easterly line of Lot 28, 29, 30 and 31 North 340-54'-05" West 340.00 feet and North 320-19'-30" West 26.51 feet to a point marking the Northerly line of Lot 31, running , thence Southwesterly along the same South 600-15'-00" \"lest 130.00 ' feet to a point on the Easterly side of Kendell Drive, thence on a curve to the right with a radius of 425'.00 feet and an arc length of 46.36 feet to a point marking the Southerly line of Lot 32, running thence Northeasterly along the same North 660-30'-00" East 130.00 feet to a point marking the Easterly line of Lot 32, running thence along the Easterly line of said Lot 32, 33, 34, 35 and 18 North 160-52'-00" West 68.36 feet, North 090-29'-05" West 140.00 feet, North 150-25'-45" West 172.31 feet and North 320-46'-00" West 86.31 feet to a point on the Southerly side of Lenny Court, running thence along the same on a'curve to the right with a radius of 550.00 feet and an arc length of 41.44 feet to a point marking the Westerly line of Lot 19, running thence Southerly along the Westerly line of said Lot 19, 21, 22, 23, and 24 South 290-40'-00" East 136.16 feet, South 180-57'-08 East 169.47 feet, and South 150-47'-00" East 195.00 feet to a point marking the Southerly line of Lot 24, running thence Northeasterly along the same North 670-20'-00" East 133.00 feet to a point on the Westerly side of Nicole Drive, running thence along the same on a curve to the right with a radius of 275.00 feet and an arc length of 51.86 feet to a point marking the Northerly line of Lot 25, running thence Southwesterly alonq the same South 560-31'-45" Nest 130.00 feet to a point marking the Westerly line of Lot 25, running thence South- easterly along the v7esterly line of Lot 25 and 26 South 330-28' -15" East 181.20 feet to a point marking the Southerly line of Lot 26, running thence Northeasterly along the same North 590-24'-39" East 121.01 feet to a point on the Westerly side of Nicole Drive, running thence Southeasterly along the same South 230-11'-30" East 250.73 feet to a point on the Northerly line of Lot 41, running thence l. BARGER, CAMPBELL, GRAY & RAILING ENGINEERS 8< SURVEYORS. P.C. U5 NEW HACKENSACK RD. WAPPINGERS FALLS, NY 12590 RICHARD G. BARGER. P.E. 8< L..S. ROBERT L.. CAMPBELL.. L.S. ROBERT J. GRAY. P.E. JOHN E. RAIL.ING. P.E. TEL.EPHONE 297-9435 297-4775 297-5775 Page 8 Deed Description - Conservation District - Kendell Farms Southwesterly along the same South 620-46'-27" West 120.30 feet to a point marking the Westerly line of Lot 41, running thence Southerly along the Westerly line of said Lot 41, 42, and 43, in part, South 07~-01'-30" West 247.84 feet to a point marking the Northerly line of the aforementioned Lot 37, running thence Northwesterly along the same North 750-00'-00" West 133.36 feet to the point or place of beginning. Containing 2.615 acres of land, more or less. Subject to the rights of public utilities and or .easements of record, if any. ~ l~"'~ ~ , ,. 7'" A Public Hearing was held by the Town Board of the Town of Wappinger on March 18, 1985 at the Town Hall, Mill Street, Wappingers FAlls, New York on Amendments to the Soil Erosion and Sediment Control Ordinance. Supervisor Versace opened the Hearing at 7:47 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk 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). Mr. Versace noted that these amendments were recommended by the Conservation Advisory Council and the previous Zoning Administrator. Mr. Versace asked if there were any comments either for or against the proposed amendments to the Soil Erosion and Sediment Control Ordinance. There were no comments made for or against the proposed amendments. MR. INCORONATO moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Hearing closed at 7:49 P.M. ~~~~ Town Clerk ~... L ~ l ~ L TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------- IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE SOIL EROSION AND SEDIMENT CONTROL ORDINANCE -------------------------------------- STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on March 6th, 1985, your deponent posted a copy of the attached notice of Public Hearing on a proposed Amendment to the Soil Erosion and Sediment Control Ordinance, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. ~~uo \~ -S;.w.k Elaine H. Snowden Town Clerk Sworn to before me this ) &' ti, day of jJ)tJJt.cc' 1985. U"'~~ ~bliC 'f I Ylrr!ur: r-...... _:L 1:(. <<t!~.:/~;;~~.~;: ~ .::. ~~.:~:~;,;, b"-J Cc;:;:r.:l;!el' WI,i:", I......' ~O. J'1 II t " ~ ~~!!IIII.lIIJf""~''''' - . ~-..r "::-i-'~:-:-">"?i~.r:~""'" ,'- ;~:i;.;:-"::~~~~.f~ ~. '. ..,; - .... ~ "'. : ......., . ~}.,;<.:~\', ~:~~,.~;:t~:~;:~j~ ~ '. '".. .......~ ~ "\'1 ",-."""I"~: :-.....;. =','''-'..~";~ -":'1-~..,,""J,::tJ.~z..~. .~,~)O( }}t:}'t"7.f'1: J..-...,.,4~~,,*~~~,~, ~1~l~ "".. .. ~1':1( ;;"'l'""~'~,i:': '.,,~~ \~-:/~~<", ;;jj,;, ;i<";;.~~;'~;:.;~1tH1f;~t~. .,~t~?'{x~B~:'1i~~~t~i" ,jr'!f)~~ J . .~ w. and G. NEWS . ~'J' . . t:.j .i.'~..'\~.'.' "t. ~>i.". K\ ~ IIIIt Meetlllll 01 lhe Town , TWftolWepplngerlMld. at lit ~ the VIllage crI Wep. .. DutcheII county .... 1lt1lclaY.of March. 1. .1 DISPLAY ADVERTISING -:- D. CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-WAPPINGERS FALLSt NY 12590 . . 55'.06'-66" Eal 140.00 f..1 10 . DOlnl. Northerly DOlnt Of tile """" cIIaorIlIlI on lhe Weeltrl1 IIde of Klnclell Orlft.. ~ aiId the ~ a.. crlLot ..... running thence Soulhealterly .tong the runnl$\Sthence SoulMl1Y aIonD the. Mme Soulh 34'-64'.06" EalllO.oo ftat Weallnt of aaIct Lot 4t Soutll... to lhe Nort~ IIde 01 LoI 5 and . 25'.21" t ... ..... South ...... ; the Southe"lerl~ Ildl of . Ihl .,~. 00" Weat 110.00 ..... __ 011 . ourft =~--J,~;",;;;'". ~~=~~..i~: ~::~itiiG;:~J:' .-to,CounclIma"......,..... ftal 10 . IIOInl fMIldllll the I'IlOIIt DrM, NMlng theMe IlIonI the - ~ (lounCI1woman .. i'i Weatlrly 00fflIt 01 Lot 5. runnl::X on . CUM to the rItIM wttII. nldIue 01 ~,CouncIImM .....:.. tLothe~...:no2 ,.~=h";..~.~...... f'~OONortftalh ~.&!!'~~:'J~ . EaieD.CIOfMt. South 22'.co'.co" Eat>"' ~on ~-to;doht-"".;. 1!8INT:' ,.;. '., .' 15.00 ftal South Oll'-OO'.co" EaI85.00 racllueol25.oofeltandanarc~crI ~'I:ii"'::"'=-I'PT"=IO' 'N'''S'' .0..:....' f..I,8OUih ,....,...ze.. weat 130.14 f!'e,11f 311.21 felt to . point on the WtarIy :._..:..~- "" and Soulh 23'Cl8'004" Wtat104.00 -. IIde' Of the .tONmehtlolled ~. DELL. FARM&., . CON' \ to . DOlnt m.IIII:1:...... ~~!tne=of ".. Drive.' running tllalloll ~ .. Lot 27. running . -,- .... aIOllII'" RIM NOIItIt ...... IlIIIt PARK Dl8TRIC1", .. I ..' .Iona the MmI South .........,:.: 3UO' ftal to the point or plaoI of ....~.....;......... 125.0i0 ,tat 10 . DOlnt on lhe Weat.., . baalnn..... ' ., I'U'.'" ..... ltton datM .. of Kendall DrIYe, running lhInoe. Cont.i.!i....u._OfIlnd,_ .. . ~ 10 II lhe MmI South 23'Cl8.... Weet.., or . "'l"." .': Hfd'. , Town' of Wep. zee~ ,tat 10 . polnl on lhe Northerl1 " = .... ttIat ~ of tend boundad ~.' PlIIIdNClWlIa tl:!!.~ IIde of Olcl Hopewell FIoacI~ runnlngi""aIllS~"foIIow8: . . -. dlatrlct... thence .10lIO lhe RIM Nortn 57'.22"';' ......=s.~_........... 1ft . n of Wappinger; 10" Weat 155. tlf..land North I6'8r. ., ... 01 omre. aaId potnl ..' .. ............... 10" W"I 1..00 ftat. 10 lhe polnl or., martdl!I 80utIlIffV Ilni of the hinIlI ... JamII ... ........- place of beginning. . . cIIIclffMd paI'CII anrftlle NorlhIrlY Une ~ lloaRI .... f.'~ ' "ContalninG'. . 44.4 ...... ..,...... '. of Lot 31J"runnlna thenoe ~ ~. IpllfOV or .... or..... . atonO the c:utl/f1'" of K8nde1l DI'M I ClOflIINfttlOll park dlelrlel;. Excapllng and rMIf'fIng from the'J; . on . CUM to the 111ft with . radIuI 01 Ih.. , -.... T"'-" . --.. on . labcM dMcrltled parcel · 110.00 foot ~ 185.00 f... and an ani IanII! of 23.13 .... v.... --- Ilrlp to be clMdIcI 10 the Town of ftal to . polnt martdIIg ttIiI 8outhIrt1 ! ~~ ~ftllllll 01 W.pplllQll' for' highway PUrpoMl'. line 01 Lot .. running thenoe ... ' -.... .... boundld.nd delcrlbec:laa foil_I: . u-ewtY aIOllII the RIM ~ ..-' ItIon and Mttlng .fonh the Beginning .1 . DOInl on the Welter\1. OI'.co". Eaat at ,_.... .. ...... lhIrtof; .nd IIcIe . of ~f DrIve Mid polnt. markIlIQ the EMtII1r lInI of Lo't .. ! S. . PubIlc HMfInO - marklllll the Nor1h-.I;;(y dlvlalon line" runnlllCi"thenoe Noi1hw. aIOllII ~ . '_ltIr Oft AprIl 2, 1814 01 the I\eNln delcrlbId pan:et and the. the eama and aIOllII the lint Of ..... the petItIoI\ ancI Soulheaaterly line of Lot 8, running Lot . Harth "..".<< I4OJIO II bounIfII\M 0' the dIItrIct; . lhence Soulheaateny. ~Iong NI4 felt . to . IOIAt INI1dlIO the ..... ~ KIndell DrIve South 34'-114'.06" EMt lhwMter\1 "ne of. Lot .. IUIIlIlnCI .i 8, .. ....lcatlon.... 110.00 felt to. polnl marklllll lhe 'thence SCMh~ atona the eama , _ /lIIdI whINtIY. the . Southeaatl/f1 UM' of the I\IraIn 80utIt ..... .... ,_ teet to . , tor the COIlIII'Iatlon dlltrlct delCrlbId pai'oII and the Northwftter\1 palnl on the ~ ... of ___.; IlOIlto lllmotarnlonlllldlcl.of ___'1_ ' line 01 Lot 6, NMlng thence SouttIo. 0rM, NllIllnG ltlanOe 011 . __.. -/ --- ...... _I~__ In pan, South.. . left wIttI. raiII.- of -.00"" and an *",ed by Counc:llman 55'46' iet 17U7 _ to. point.. .... ani *'GtIl 01 .. .... . . ~; :.~~=~: ::~r1 :r:: claIcll~"'~~nn'l:'~.'.:.';."=':==':-~~tIle."~. .1 7:30 P.M. at the Town 1hanCe NorthwMtarl1 lne RIM " ..... ...... .... '42JIlJ'teet StIMl. ~ F.III, North ,..2,'.,0" WtiIC 110. . felt and... to. Jl!JInt 1lIlII.ll_ .. ~ ... of .. to~pt~.t=.; =~ ~==. :1 ~:.:.~ .~'...~=--\ir.t..~"-:t ~ )ll~=::"':'-::: =":'ne.':ot~1~~~:~.1~=~ '-a-==.,r::i tIon of AobIrt L CamDIIIII. ' 8oulherl1llne Of Lot e. ruMlng ~ fl'. '.'.' WM11U1 feIt.to. DOInt ~= d Febr\IlIIY .. 1. .... NorthMItIrty ~ the eama .......... ':..NortflItlr lflii.. LAIl t1. NNIIna ~~.,"", ':~ :::.;:s;=~~. ftal~U:-potnt0~~. =~..jii..::'.= lIIlDlatrtct.lCIIdaIi...... "; contalnlllll-O.2acreeol_........y'l,on.. ~.~..... DrM, ~c::.:- In.::..; ~'..ceptlngand i.emna'ffomi:= oT'.A=-.":an~:':;1' atateOf New York.nc11111nt1 l' 1IaroI!. 8O.dOfolIt;j!i! of ..... .... _, !.....martdll8 '" e CcllIMrftllon D1ntct aa'; ~"p to. the Town of'......:':---Il""............ ........ _ .'. :PII~"~" ~3and~fofl:r~i'.&~~.oo......-:. =', 1ft - Du~ lOunl1'.:'.' Beglnntng.I.DOlnlontheNorthIrtY .,nwtdng the lieof..~.!.2:' tIca~"" ....... t1025.: ... of ~I DrIve, Mid DOlnl. '~III ..... ". ...-..y.... ~ 'lI ~... fofIowI:'.' mark~ Well'" aM of Lot " and. .i::.....H... &4 .' ' and " *"".' ~.. 1 on the NorlhIrlY) the . line of lhe....n dMCr\bId"f OCIO"}_' tilt, NortIl ... ~ i'. .'IoId.. aaId DOl.!.!. i parcel. running lhanOe on. CUM to the '..",~. ... WIlt ,. ~ ~. .\ Ie '.. JI1 OOfflItndot !::' Ie" with . racllUI of IiO.GO felt and an.",:-", WItt J1U11!!.. '= ~ " IICrI . ..... arc length of 151.51 teet to . Welt "" _ . __n on ..... . FIIICI t7025 F=:: '. martdng the c::= cIIvIaIort":- ...u:=-~= ~ lie 01 tandI- or forrnIrI1 ~M of Lot1"~ _=:iacllueof-.ao. . teetanclan I unnlng IIlInCle NortMaatlrly NorthwM"" atona the ..... III _ of 41.44..... . 1IClInt. Waalld1l\ne 01 the hIreIn North 2&'4Z~' WWt 111.80"" &0:....... .. ?Ii- .. Lot 'I, ~ 1='~~~,.Eul,IIM11 ~nlol~ ~~~~:=:\1'=' "!to ,,~\.':, 'j'. , North 71..02...' East. . running thence SouthNIterIY aIontI..... and 24 South -,. ... ,1. . ;'..ze'.co" Welt 1llli.11 feel. Mme South 11'-48'.3Q" Eaf '2.111 ,... .... feet, South 11'67'''' .... ~..... !1'.10..WMtllO.1"tat.North 10.poInlrnarfdnOtheEMter\1~', and South ,....r<< IEaIt 1IUOftal Well ,_ feet, thence on line of lhe herIln deacr\bIcI percet and .' to. poInt~"""" 1M of., : =~:c w:Jh ~;.: ~~r\::n':rllllw==,::; ;;:'. ~ ~ru:::: North ~~.= ': ,or..-4fY' Eaal221.oo feat, along lhe RlMllouth 2542'-40" EMt f 133.l1D"" to. poIllt.... ......" ; I . CUM to the left wllh ." 143.lIll ftat to the polnt or ~ of ... of Nicole IlIIIW. ,ftIMIlIII thenoe t ..00 felt and III ani lenGth, lllalnnlng. ,...,' . atont .. RIM .. . 0lllW ..IN rtgtlt '\ fMt, Noslh 13'64'.05" Wiel.. Containing 0.,. __ of lend, .... wtttI. racll.. of 211.00.... - an ani f.... North ae'-llli'oU" Eaat ... I . . ".,. ~ of ". teet... ~ ......1 11I48'-64"WMt10UOfelt.' or=~ to the /tgtIta .. ~. the~'" LotIl.I\IIIlIIlII i I . CUM to the left wtth . ulllllIM and or eaNIMnta. of,.cord. '!....... ...... ......- ID.OO ftal and an anllenCllh of any. .' "'~'. 8outUIN1'-4" ~ .... to a ~i'~~i =~~=r.~.::E~::r-= __of"~ ,......__WMt..2If.... IInowft . . ConMrvallOlf ~::.=.. tIIund Gl\a .~~ Nnoe the . . 11_.......... ~c ':;:;.;..;-C ::::':+:fi~~~:i. ........1.......... ;.~ #...___..;1.'1; ....._1 .........,.. .~.___~,l~..<>,~...-.-", f~i; -- AFFIDA VIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of t tl Town of Wappinger, Dutchess County, New York being duly sworn, says that he is, and at the seven t. h . f h Bookkeener tmes erelna ter was, t e........................, of the W. & S.D. NEWS, a newspaper printed an, published every Wednesday in the year in the T~\Vn 0 .Wappinger, Dutchess County, New York, and that th annexed NOTICE was duly published in the saj, one . . onCE: newspaper for. . . . . . . . . . weeks successIvely. . . . . . . h k . h20thd fMl . In eac wee ,commencmg on t e...... ay 0 .... . 19.8.5. . and on the following dates thereafter, name! on I . ........... .......... ..... ... ... .... ...... . 20th f March and endmg on the. . . . . . . . . . . . day 0 . . . . . . . . . . . . 19.&5. . both days incl.U~:VC~ ??~.({!J ~}~ Subscribed and sworn to before me this . ~P.t.b: . . . . . day of. . ~z:~1l. . . 19. l35. . . . . . . C - :::=.. .......~................. Notary Publi My commission expires. . . . . . . . . . . . . . . . . . . . . . . . ALBERT M. OSTEN NOTARY PUI3I.1C, STATE OF NEW YORK QUALIFIED ill Oil rUlcss COUNTV ~ 14.8240760 r.OMMISSJON EXPIRES MARCH 30, 19.8b