1984-11-05 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
NOVEMBER 5, 1984
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES
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4. REPORTS OF OFFICERS:
Zoning Administrator Compt/Sup
5. PETITIONS & COMMUNICATIONS
a. Public Notice for U.S. Army Corp of Engineers permit - Tri -Municipal
b. Thos. Logan, Assessor, Report on New Veterans Tax exemption Info
c. Ernst Martin, Jr., P.E. request for Wm & Dorothy Ferguson, Top'0
Hill Rd., to tie into CWW
d. Thos. Logan, Assessor, request to attend one day seminar
in Saratoga Springs at his own expense
e. Performance Bond offered to Town for Section I -Shelburne Hills Rd
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Adoption of 1985 Town Budget
b. Authorize Supervisor to sign Deed for ROW Taking by County of
Schlathaus property
c. Authorize levy of unpaid emergency repair costs in CWWIA on
2 parcels(r�
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8. UNFINISHED BUSINESS
a.
b.
c.
d.
Mrs. Zak re: Redl property
Jo Mo Realty - Landfilling permit request
Fee schedule for Fire Prevention Bureau
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9. NEW BUSINESS
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10. ADJO NT b ` ` Pc��, �s
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The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on November 5, 1984 at the Town Hall,
Mill Street, Wappingers Falls, New York.
Supervisor Versace opened the Meeting at 8:05 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Irene Paino, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Kenneth Croshier, Highway Superintendent
The Meeting began with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of October 15th,
1984 having previously been forwarded to all Board Members,
were now placed before them for their consideration.
MRS. PAINO moved that the Minutes of October 15th, 1984, be and
they are hereby approved as submitted by the Town Clerk.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A report was received from the Zoning Administrator and the
Supervisor/Comptroller report thru September 30, 1984.
MRS. PAINO moved to accept these reports and place them on
file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A Public Notice was received from the U. S. Army Corps of
Engineers notifying those:ooncerned that the applicant, Tri -
Municipal Sewer Commission was planning the construction of a
Sewage Treatment Facility which would involve the following
waterways: Wappinger Lake, Wappinger Creek and the Hudson River.
They asked that all comments and/or objections be prepared in
writing and forwarded to their office prior to the expiration
of the notice (Nov. 23, 1984).
MR. INCORONATO moved to refer the matter to the Engineer for
review and submission of his report at the November 19th, 1984
meeting.
Seconded by Mrs. Paino
Motion Unanimously Carried
A report was received from Assessor Thomas Logan regarding
the new Veterans Tax Exemption and an approximate estimate of
impact on Town Tax Rate if this law was adopted by the Town.
Mr. Versace noted that a work shop session has been set for
November 15th, 1984 to discuss this report with Mr. Logan.
MR. VERSACE moved to receive this report for discussion at the
work shop session.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A request was received from Ernst Martin Jr. from the firm of
Paggi & Martin for a water hookup to the Central Wappinger Water
Improvement Area for his clients, William and Dorothy Ferguson
at Top -O -Hill Road. Mr. Martin was present and explained that
the property is within the water area; approval from the Town
Board is normal procedure requested by the Dutchess County
Department of Health.
MR. VERSACE moved to grant permission to William and Dorothy
Ferguson to tie into the Central Wappinger Water Improvement
Area subject to approval from the Dutchess County Department of
Health.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mr. Logan, Town Assessor, wrote to the Board requesting permission
to attend a.one day seminar at Saratoga Springs on November 8,
1984, at his own expense.
MR. MCCLUSKEY moved to grant permission to Mr. Logan to attend
this seminar at Saratoga Springs at his own expense.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A Performance Bond was forwarded to the Board from William
Molloy, President of Granite Homes, Inc. for Shelburne Hills
Subdivision, Section I, in the amount of $22,940.00.
The Engineer approved the amount of the bond, however the Attorney
was not satisfied with past experiences with bonds tendered to
municipalities. He recommended that in the future the Town should
request Letters of Credit since the money would be available from
the banks that issued them if the developer defaulted on his
performance. There was some question on whether the Town could
request a Letter of Credit from Granite Homes in this particular
instance since they had requested submission of a bond.
Mr. Johnson was recognized by the Chair and pointed out that the
Town had not been accepting bonds for over two years after the
experience they had with litigation on the Serenity Homes Subdi-
vision. It was his opinion that they could use this precedent
in the matter that was now before them and request Granite Homes
to submit a Letter of Credit instead of the Performance Bond.
MR. VERSACE moved to authorize the Attorney to contact Mr. Molloy
of Granite Homes, Inc. to discuss the matter of their submission
of a Letter of Credit for Shelburne Hills Subdivision, Section 1.
Seconded by Mrs. Paino
Motion Unanimously Carried
The Town Clerk informed the Board that she was served with a
Notice of Petition from Consolidated Rail Corporation against
the State Board of Equalization and Assessment. Although it did
not directly affect the Town, she recommended that it be referred
to the Attorney.
MR. MCCLUSKEY moved to refer the Notice of Petition from Consolidated
Rail Corporation to the Attorney to take whatever action was neces-
sary on behalf of the Town.
Seconded by Mrs. Paino
Motion Unanimously Carried
Committee Reports, Mrs. Ballard reported that one of the Dog
Control Officers appointed a few months ago has informed her that
he can no longer perform this service; she recommended that they
advertise for a person to take this position.
MRS. BALLARD moved to request the Town Clerk to place an ad for
an additional Dog Control Officer in the W & S. D. News within
the next two weeks.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mrs. Paino had no reports to submit for this meeting.
Mr. Incoronato, Water Committee, presented the following proposal:
Proposal for Regular Chemical Analysis of Wappinger Water Sources
A study by the U. S. Congressional Office of Technology
Assessment, released last month, reveals that chemical contamina-
tion affects every state in the union; has closed more than
1,000 wells; and, over the long run, threatens the water supply
of half the nation's population. This pervasive contamination
of precious underground water resources frequently goes undetected
and unpublicized.
However, I'm pleased to report that a recent Camo Labora-
tories analysis of the Fleetwood Water Wells, one of five
systems managed by the Town of Wappinger, has proved negative
for numerous toxic metals, herbicides, pesticides and acidity.
The bad news, however, is that this comprehensive battery of
tests is mandated by the State Board of Health only once every
three years, simply too long a period to risk undetected
contamination.
To help ensure the purity of Wappinger's water resources,
I'm proposing that this series of tests, known as the New York
State Part 5 drinking water standards be conducted annually for
municipally -operated wells now serving about half the Town
population.
As an added safeguard, I also asked Camo Labs to perform an
aromatics test to detect any petroleum products or solvents
present in the Fleetwood wells. The results are in and this
analysis, never before conducted on Town systems, shows the
absence of any harmful petroleum derivatives in the Fleetwood
system. I believe this sophisticated screening, which measures
with a sensitivity as small as one part per billion, should be
extended to our other municipal systems on an annual basis.
Therefore, in our upcoming budget deliberations, I'll
encourage this Town Board to appropriate sufficient funds for
all these tests, about $700 per water district, and I'm confident
we shall provide this toxic chemical screening on a timely basis
starting in 1985, because I know this Board shares my concern
about the quality, as well as the quantity of our drinking
water.
Mrs. Paino commented that she would support this proposal and
requested that a representative from Camo Pollution Control be
present at the Board's work shop review of the budget to discuss
the various tests, their purpose and the approximate cost.
Mr. McCluskey had no reports for this meeting.
A Public Hearing having been held on the 1985 Preliminary
Budget on October 29th, 1984, the matter was placed before the
Board for their consideration.
Mr. Versace stated that he set up a work shop session for
November 8th, 1984 to review comments made at the public hearing
on the budget.
MR. VERSACE moved to table adoption of the 1985 Budget until
the meeting of November 19, 1984.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A deed was forwarded to the Supervisor conveying lands of the
Town on County Road 94 (Schlathaus Property) to the County for
Right -of -Way taking for reconstruction of that road. The Town
had already approved the amount of $3,500.00 for that parcel
and all that was required at this time was the Supervisor's
signature on that deed,
MRS. PAINO moved to authorize the Supervisor to sign the deed
for a portion of the Schlathaus Property for right-of-way taking
by the County.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The following resolution was offered by SUPERVISOR VERSACE:
RESOLVED, the following amounts of monies be levied on
the respective legally described properties for the 1985
realty tax collection as charges reimbursable to Central
Wappinger Water Improvement Area.
Joyace Wilson -Smith 19-6356-01-130945 $428.25
Donald H. & Lorna Woodside 19-6258-03-449004 452.00
such expenditure having been incurred by the CWWIA for emergency
repairs and chargeable to the property owner in accordance with
the Local Ordinance adopted February 13, 1980, amended April 16,
1984, Section II Paragraph B, (1 & 3).
Seconded by: Councilwoman Paino
Roll Call Vote: 5 Ayes 0 Nays
One bid was received and opened on November 5th, 1984 for
the Stream Cleaning of Robert Lane. The bid was received from
Ben Ciccone, Inc. in the amount of $14,705. Mrs. Snowden noted
that the Non -Collusion Statement was not signed by the contractor.
The Attorney reviewed the contract but did not feel that the omission
of this signature was a big problem; most bidders now know that the
non-collussion has to be certified; it apparently was .an oversight.
The statement was enclosed in the bid package, however there
was no provision for the bidder to sign and he evidently
overlooked it.
The Engineer's report fixed an estimate of $15,000 to $18,000
range on this project and recommended that the bid be awarded
to Ben Ciccone, Inc. and the work commence immediately.
Mr. McCluskey was not happy about one bid being received and
asked the Engineer if it was important that the project be done
immediately. Mr. Evangelista replied that in view of what the
homeowners go through in the spring in that area, he felt it
should begin as soon as possible.
The Attorney noted that although he has communicated with the
residents who would be affected by this project and requested
signed releases to allow the contractor to enter onto their
property, he has not received the signed authorizations.
MRS. PAINO moved to award the Stream Cleaning Contract for Robert
Lane to Ben Ciccone, Inc., in the amount of $14,705.00 and authorize
the Supervisor to sign the contract subject to notifications from
the Attorney that the required releases had been received and
further subject to the contractor's signature on the Non -Collu-
sion Statement.
Seconded by Mrs. Ballard
Motion Unanimously Carried
At the September 4th, 1984 meeting, Mr. Incoronato introduced
Amendments to the Zoning Ordinance regarding Special Use Permits
and a Public Hearing was set for October 1st, 1984. This Public
Hearing was not held due to revisions of the text. At this time
Mr. Incoronato wished to place the revised amendments before the
Board.
The following Amendments to the Zoning Ordinance were introduced
by COUNCILMAN INCORONATO:
BE IT ENACTED AS FOLLOWS:
That Section 432 entitled, "Application for a Special
Permit" shall be amended to read as follows:
Application for a Special Permit
"Application for required special permits shall be made to the
'7
Zoning Board of Appeals. Each such application shall be
examined first and endorsed for completeness by the Zoning
Administrator and unless so endorsed shall not be entertained
by said Board. The Zoning Board of Appeals (ZBA) shall have
original jurisdiction for granting special permits based on
the provisions of this section. The ZBA may impose whatever
reasonable land use conditions and provisions it deems
necessary to reflect the spirit and intent of the Town
Development Plan and/or Zoning Ordinance.
The Zoning Board of Appeals, after public hearing with the
same notice required by law for zoning amendments shall, within
sixty (60) days after the final hearing, file with the Zoning
Administrator a decision on said application.
The applicant may grant extensions of either of the above
stipulated review periods provided, however, that any extension
of time granted to the Planning Board shall equally extend the
time to act for the Zoning Board of Appeals. The Board of
Appeals may authorize the issuance of a permit, provided it
finds that all of the following conditions and standards
stated, but not limited to, have been met:"
and
BE IT FURTHER ENACTED:
That Section 434 entitled, "Review by Other Agencies" be
amended to read as follows:
Review by Other Agencies
"Upon receipt of a completed application for a special permit,
the ZBA may request written comments or a brief advisory report
from the Planning Board for any concerns they may have concerning
the proposed site development plan. Where such requests are made,
the Planning Board shall respond to the ZBA within 45 days from
the date such referral is received by the Planning Board Secretary.
The ZBA may forward, where determined appropriate, one copy each
of the application to the Town Engineer, the Superintendent of
Highways, the Wappinger Environmental Council, Fire Department,
the Dutchess County Soil and Water Conservation District, and
the Dutchess County Department of Health; in addition, copies
shall be forwarded to the Dutchess County Planning Department
when such proposed development abuts a State or County Highway,
park, drainage channel or building site, and to the Clerk of
any abutting municipality where the property proposed for such
development is located within five hundred (500) feet of such
municipality, and other agencies, the New York State Department
of Environmental Conservation which may have jurisdiction
together with a request for review and report by said agency.
Each agency may submit a report, including its recommendations
which report, if it is to be considered, should be returned to
the ZBA within thirty (30) days of the date such referral was
submitted".
and
BE IT FURTHER ENACTED
That Section 450.1 be amended to read as follows:
Approval Required
"No building permit shall be issued and no structure or use
shall be established, other than one (1) one -family dwelling,
except in conformity with an approved site development plan,
and no certificate of occupancy for such structure or use shall
be issued until all the requirements for such approval and any
conditions attached thereto have been -met. The continued
validity of any certificate of occupancy shall be subject to
continued conformance with such approved plan and conditions.
Revisions of such plans shall be subject to the same approval
procedure".
and
BE IT FURTHER ENACTED
That a new section, to be numbered 450.51, be added to read
as follows:
Application to Building Inspector
"Following site development plan approval, application shall be
made to the Building Inspector for a building permit".
MR. INCORONATO moved to set a Public Hearing on the above
Ordinance Amending the Zoning Ordinance on December 3rd, 1984
at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls,
New York to hear all interested persons.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Under Unfinished Business, Mr. Incoronato gave a report on
some of the concerns of Mrs. Zak regarding the Redl Property on
New Hackensack Road. One of these items related to the lack of
notification to abutting owners on a proposed rezoning. This was
a Town Board function and did not require this procedure, however
he did determine that no notifications were sent of a public hearing
held by the Zoning Board of Appeals regarding the interpretation
of the use of the land. Although the Zoning Administrator informed
him this procedure was not mandated by the Zoning Ordinance he
differed with her interpretation of Section 513 of the Ordinance
which pertained to procedures on public hearings held by the
Zoning Board of Appeals. He would pursue this matter further
with the Attorney. Another matter brought to his attention by
Mrs. Zak was the fact that the developer had not complied with
the Planning Board requirement of plantings along the residential
boundaries of the Redl property. Mr. Incoronato intended to
bring this to the Planning Board's attention and further discuss
it with the Attorney.
Mrs. Zak was present and stated that she felt Mr. Incoronato
had pursued her concerns although this did not alter the fact
that the area residents were stuck with this rezoning. Her last
request was to urge the Board to insist on the developer's
compliance with the Planning Board requirement of planting the
evergreens as a buffer along the residential boundaries.
In the matter of the Jo Mo Raalty request for a landfilling
permit, no further information had been received and Mr. Versace
requested that this be tabled to the November 19th, 1984 meeting.
The following resolution was introduced by SUPERVISOR VERSACE:
BE IT ENACTED AS FOLLOWS:
1. The fee for an inspection of a small business (anything
under 2,500 square feet of space) shall be the sum of $20.00.
2. The fee for inspection of multiple residences shall
be the sum of $50.00.
3. The fee for inspection of mobile home parks containing
more than ten units shall be $50.00.
4. The fee for inspection of mobile home parks containing
ten units or less shall be the sum of $20.00.
5. In the event one reinspection is to be made thereafter,
there shall be no charge for such reinspection.
6. In the event a second reinspection is necessary, the
fire inspector is authorized to issue a citation to the owner
and/or operator for Court proceedings.
MR. VERSACE moved to set a Public Hearing on the Fee Schedule
submitted by the Fire Prevention Bureau on December 3, 1984 at
7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New
York, to hear all interested persons.
Seconded by Mrs. Paino
Motion Unanimously Carried
A request was received from James Klein for a building permit
for a model home in the Kendell Farm Subdivision.
Mr. Evangelista had no objections to the issuance of this permit
for the model home.
MR. VERSACE moved to approve the issuance of one building permit
to Mr. Klein for the construction of a model home in the Kendell
Home Subdivision at the recommendation of the Engineer and subject
to the submission and acceptance of a plot plan for the structure.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Under New Business, a letter was received from Theresa Garrison,
10
Sales Associate with Awards Realty addressed to Mr. Versace
requesting a reimbursement of $50.00 to Mrs. Holleran for a
map of water lines on Gold Road which was purchased from Mr.
Lapar.
Mr. Versace explained that this map was needed by Mrs. Holleran
to locate the water lines on the property she intended to purchase
through the Awards Realty Company and he had previously advised
her to purchase the map from Mr. Lapar and the Town would reim-
burse her this fee.
MR. VERSACE moved to authorize the reimbursement of the $50.00
fee to Mrs. Holleran which was paid to Mr. Lapar for a. map of
the water lines on a parcel of property on Gold Road.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Logan wrote to the Board requesting the temporary appoint-
ment of Kay Bartolotti as Assessor Aide to fill the vacancy
created by the resignation of Bridget Gannon and he further
requested that Mrs. Bartolotti be paid the same salary as the
former employee.
MR. INCORONATO moved to appoint Mrs. Bartolotti as Assessors Aide
on a temporary basis at the same salary paid to Mrs. Gannon when
she resigned from that position.
Seconded by Mrs. Paino
Motion Unanimously Carried
Ken Brown, 11 Sherwood Heights, was recognized by the Chair
and related an incident from this past week end of raw sewage
from the Carmel Heights Subdivision leaking onto his street
and into the storm drains. The situation was corrected but
his question to the Board was what caused the leakage and what
corrective action was being taken to assure the residents that
this situation would not be repeated.
The pump evidently was malfunctioning and although the Town
was not responsible, Mr. Versace contacted a representative of
Camo Pollution Control who determined the problem and controlled
it manually. When Mr. Segal became aware of the overflow he
retained the services of Camo until he could contact his own
contractor and is now monitoring the system daily.
Mr. Brown expressed concern that this problem would be repeated
and requested the Board to withhold building permits in that
subdivision until the situation was permanently under control.
MR. VERSACE moved to notify the Building Department not to issue
any further Certificates of Occupancy for the Carmel Heights
Subdivision, upon the recommendation of the Attorney, and authorize
the Engineer to review the existing problem and submit a report to
the Town Board.
Seconded by Mrs. Ballard
Motion Unanimously Carried
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the meeting, seconded by Mr.
McCluskey and unanimously carried.
The Meeting adjourned at 9:10 P.M.
Reg. Mtg. 11/5/84
CtUlk_ca-MAIS14,—
Elaine H. Snowden
Town Clerk