Loading...
1984-06-18 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING JUNE 18, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES UUne.4,i4g`I PDd 4. REPORTS OF OFFICERS: Town Justices Hydrant Receiver of Taxes Bldg/Fire Insp. 5. PETITIONS & COMMUNICATIONS a. Petition regarding Cooper Road Trailer Park from Committee to save the Park (Peggie Staskowicz) b. Request from Mr. & Mrs. Mel Sucich to rezone their property on Rte 9D from Residential to Commercial (LB) c. NYS Dept. Environmental Cons. re: Problems existing with Town wastewater treatment plants d. Wilma Young re: request to consider amending the Zoning Ord. to allow for an Apt. conversion in certain single family homes. e. Communications from H. J. Maurer, Rec. Chairman, 1. Blacktopping: Martz and Chelsea Basketball Courts. 2. Barn, located on Montfort Rd. f. U.S.Cablevision - Howard Erichsen, Gen. Manager, re: Amendment to Cable Franchise g. Letter of Crddit - Jeff Hunt Dev. Inc. h. NYSDOT re: Traffic light at Rte 9 and Mesier Ave. No. i. Complimentary letter from Henry DiMarco on Staff Efficiency (to Supervisor) 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Junk Yard Ordinance amendments. b. Appointment of Part-time Fire Inspector 8. UNFINISHED BUSINESS a. Report from Engineer on Information on development of Sludge treatment system developed by Biological Water Purification Corp. 9. NEW BUSINESS 10. ADJOURNMENT The Regular Bi -Monthly Meeting of the Town Board of the Town of Wappinger was held on June 18th, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Versace opened the meeting at 8:04 P.M. Present: Frank Versace, Supervisor Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Absent: Renata Ballard, Councilwoman Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent Mrs. Ballard was at home with her daughter who had undergone surgery and came home from the hospital today. The meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of June 4th, 1984 and the Special Meeting of June 7th, 1984, having previously been sent to all Board Members were now placed before them for their considera- tion. MRS. PAINO moved that the above stated minutes be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried Reports were received from the Town Justices, Hydrant Report, Receiver of Taxes, Building Inspector/Fire Inspector for the month of May and the Zoning Administrator's Report for March, April and May. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried A Petition was received regarding grievances of the residents of the Cooper Road Trailer Park that they had with the owner of the Park. The Petition was signed by the "Committee to Save the Park" and listed some of the zoning violations they felt the owner was guilty of, also complained of senior citizens on fixed income being evicted and asked the Board to assist them with their problems. There were several residents of the park present and Peggie Staskowicz spoke on their behalf. She mentioned that the letter was sent out in haste after several of the residents had received their leases, so they did their researching on the violations after the facts and now left it to the landlord to answer the questions. While researching with various agencies including the Town (not mentioning anyone in particular), the Highway Superintendent and the Board of Health, they felt a negative attitude toward trailer parks and the people who resided in them. They were real people living in real homes, she stated, and hoped by attending this meeting they could state their position to the Town Board and perhaps receive an affirmative attitude from them ---at this point they felt unwanted. Mr. Versace clarified the position of this Town Board stating that they do not have this attitude of trailer park residents not being wanted in the Town of Wappinger. They judge by the facts presented to them and he informed Mrs. Staskowicz that the Town Board will entertain Mrs. Tibbetts (owner of park) at a work shop session on June 21st, 1984 at 7:30 P.M. to discuss the existing zoning violation placed against her by the Zoning Administrator. Both Mr. McCluskey and Mrs. Paino reiterated Mr. Versace's statement and noted that they had not been approached by any of these people and had not made any derogatory comments about them; they were just concerned that the existing violations be corrected. Mr. Incoronato extended an invitation to these people, on behalf of the Town Board,to attend this work shop session and welcomed any suggestions they wished to convey to the Town Board; he added that it would also give them an opportunity to address the owner. Mrs. Tibbetts was present and said she would also welcome their attendance at the meeting. MRS. PAINO moved to accept this petition and place it on file. 3 Seconded by Mr. Incoronato Motion Unanimously Carried Mr. & Mrs. Mel Sucich wrote to the Board requesting a rezoning of their property on Route 9D from Residential to Local Business. Included in this request was a history of past experiences with the Town regarding rezoning and felt because of loss of time in attempting to have the property rezoned, it was not unreasonable of him to request the rezoning now. MR. VERSACE moved to direct a letter to Mr. Sucich asking that he write to the Town Board and request a work shop session with them to discuss the rezoning. Seconded by Mrs. Paino Motion Unanimously Carried The New York State Department of Environmental Conservation wrote to the Board regarding numerous problems that exist at the following sewer disposal plants in the Town: Oakwood Knolls, Wildwood, Royal Ridge, Rockingham and Fleetwood. They requested an Engineer's report providing a detailed program of rectification of these problems, prior to September 1, 1984. Mr. Versace remarked that when the testing was done it was after the heavy rains and the plants were not in proper working condition which he said was normal under these circumstances when a quantity of water is being generated through the systems. He had responded to the D.E.C.'s concerns and indicated why the tests taken were not acceptable, he was waiting for their response. MRS. PAINO moved to receive this communication and place it on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Versace asked for comments from the Board before the vote was taken; Mr. McCluskey asked what the Town intended to do about the ultimatum issued by the D.E.C., however, Mr. Versace did not interpret this communication as such. Mr. Evangelista interjected that some of the concerned items are included in this year's budget and the operators have scheduled a meeting with Mr. Margolese from Dutchess County Department of Health on Friday of this week to discuss the plants and the outlook of their future. In answer to Mr. McCluskey's query on action by the D.E.C. if the Town does not adhere to their directive, Mr. Evangelista responded that the plus for the Town is that they are taking positive steps toward rectifying the D.E.C.'s concerns. Mrs. Wilma Young wrote to the Board requesting them to consider amending the Zoning Ordinance to allow for an apartment conversion in certain single family homes, exclusive of the recently adopted Accessory Apartment Amendment to the Zoning Ordinance. Mr. Versace commented that there would be many problems allowing these apartments (other than for relatives as provided for in the Accessory Apartment Ordinance) relating to extra burden on the water and sewer system, parking spaces, etc. This administration has not addressed this particular amendment and he has no knowledge if they intend to, but he did not feel it was the way to go -- it was not the intent to convert single family homes to apartments when they implemented the Accessory Apartment Ordinance. He would not consider it at this time. Mr. McCluskey concurred with Mr. Versace's opinion and noted that the previous Town Board worked long and hard on the present amendment to the Ordinance and they took hardship into consideration. If they loosen it up they are opening the flood gate for people to buy a house with the intention of converting it and this practice would be grossly unfair to the surrounding residents who are content with their single family dwelling. MR. VERSACE moved to direct a letter to Mrs. Young informing her that the Town Board, at this time, will not entertain amending the Zoning Ordinance to allow apartment conversion in single family homes other than through the provisions of the Accessory Apartment Ordinance in effect in the Town of Wappinger. Seconded by Mrs. Paino Motion Unanimously Carried MR. MCCLUSKEY moved to receive this letter and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried Two letters were received from Hugh J. Maurer, Chairman of the Recreation Commission, one relating to their recommendation to the Town Board to have the Engineer survey the courts and prepare specs for bidding and the second, a personal opinion from Mr. Maurer that the Engineer inspect the barn and render his total professional estimate for the completion of a usable recreation building which could be accomplished in steps, not all at once. Mr. Evangelista informed the Board that he had assisted Mrs. Crosby in preparing specs for informal bids on the blacktopping of the two basketcourt courts. MR. VERSACE moved to direct a letter to the Recreation Commission advising them of this action. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace commented that before the Board would consider authorizing the Engineer to conduct a study as requested by Mr. Maurer, he would like to have a response to the Board's request four months ago to the Commission concerning their input on their intentions for that building ---do they have a specific program in mind and if so, what are the approximate costs of the planned steps, or do they plan to have the building demolished. When this report is received from the Recreation Commission, the Board will then consider authorizing the Engineer to inspect the barn and render his total professional estimate for the completion of a usable recreation building to be accomplished in steps rather than completion all at once. MR. VERSACE moved to direct a letter to the Recreation Commission for this information. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. McCluskey agreed with Mr. Versace's comments when he seconded the motion and added that there seemed to be a "tennis match" going with this building --nobody seems to want to say this building is worth saving and this is how we are going to save it. He reiterated Mr. Versace's statement regarding the request made by the Town Board to the Recreation Commission regarding their intent of the use of the building and cost figures. It's just going back and forth, round and round. He personally had inspected the building and didn't think it was worth anything, but would be willing to entertain any suggestions from the Recreation Commission. A letter was received from the Attorney regarding a request from U. S. Cablevision to amend their franchise with the Town to conform with rules of the New York State Commission requiring existing line extension provisions, presently not contained in our franchise with them. A resolution was included for the Town Board's consideration on setting a public hearing on this proposed amendment. (Request also received from Mr. Erichsen), J Mr. Versace had concerns on the cable companies request to amend the franchise. Even though it would provide service to many homes that did not presently meet the criteria of a certain number of homes per mile, there could be other expenses to the customer in order to provide this service to them. We are still waiting for the outcome of the cable company.s request to the Town for an increase in their present rates which was referred to the State Commission by the Town Board; he preferred that the Board discuss this matter with Mr. Erichsen and the Attorney they consider a public hearing. MR. VERSACE moved to direct a letter to Mr. Erichsen, to the Town before General Manager of U. S. Cablevision Company requesting that he contact the Supervisor's office to set up a work shop meeting to discuss this matter with the Town Board and the Attorney to the Town, and at Mr. Cncoronato's suggestion, refer the matter to the Town Cable Committee and invite them to the work shop session. Seconded by Mrs. Paino Motion Unanimously Carried A Letter of Credit was received from Jeff Hunt Developers Inc. for Pondview Subdivision in the amount of $92,000.00 for ,acceptance by the Town Board. This amount was acceptable to Mr. Evangelista and the Attorney informed the Board that he had received a copy of the Letter of Credit and found it to be proper in form and content. MR. VERSACE moved not to accept the Letter of Credit from Jeff Hunt Developers Inc. at this time since a work shop session was planned to discuss concerns of the Planning Board and the Zoning Board of Appeals relating to this subdivision and to table acceptance of the Letter of Credit to the next meeting. Seconded by Mrs. Paino Motion Unanimously Carried The following letter was received from R. W. Krom, Civil Engineer I (Traffic), New York State Department of Transportation. June 4, 1984 Mrs. Elaine H. Snowden, Town Clerk Town of Wappinger Mill Street - P.O. Box 324 Wappingers Falls, N.Y. 12590 Re: Case #884-2039, File #13.10.9 Traffic Signal Request Route 9 & N. Mesier Ave. Village of Wappingers Falls, Dutchess Co. Dear Mrs. Snowden: This is in response to your letter dated May 23, 1984 requesting the installation of a traffic signal prior to the reconstruction of Route 9 at the intersection of Mesier Avenue and Route 9, Village df Wappingers Falls. As you are undoubtedly aware, this section of Route9 is scheduled to be reconstructed the early part of 1986. Under this contract Route 9 will be widened and the subject intersection will be modified and a traffic signal will be installed at that time. Since geometric changes are necessary to insure proper operation of a traffic signal at this location, it would not be feasible to install a signal prior to reconstruction. Additionally, this is the most expeditious way to install a signal since it would have to be installed in a Capital Construction Project with the earliest date being late 1985-1986. Very truly yours, s/ R. W. Krom Mr. McCluskey commented that we are being "stonewalled" by the State and referred to a meeting early in 1983 with the County Executive, Town Officials and representatives of the NYSDOT. He asked if the light could be installed prior to this construction and was told they would look into it and felt it could be done. Plans are completed for that section so there's no reason why it can't be installed now or at least in the near future not two years from now. MR. MCCLUSKEY moved to direct a letter to the NYSDOT informing them that the Town Board does not feel their response was addressed to this situation and request additional reasons why this request cannot be considered. Seconded by Mr. Incoronato Motion Unanimously Carried The following letter was received from Hank DiMarco complimenting the efficiency of the staff in the Town Hall. Mr. Versace asked that this be put on the agenda so. the employees would realize that they are appreciated and recognized by someone; he added that the Town Board receives words of praise at times but the staff never does. May 26, 1984 H.A. DiMarco 9 Pleasant Lane Wappingers Falls, NY 12590 Mr. Frank Versace Town of Wappinger Supervisor Mill Street Wappingers Falls, N.Y. 12590 Dear Frank: Recently, I had the occasion, to have to contact many of your offices and departments in order to inquire and complete effort relative to the town of Wappingers. I have lived in the town for 34 years and have had occasion at times to contact the town offices. I wish to state that I was impressed with the professinal, business and courteous,attitude of all the people working in the town offices. A few times I found myself through my own error in the wrong room but the courteous attitude exhibited really made a lasting impression, when comparing it with other business offices in the county. (Large and small businesses). Even though you were not around at the time, I really had the impression that there was a team effort, with the interests of the town and the people accomplishing their business through the offices. Many times I have had the occasion to rate or evaluate an operation, and I would certainly give your team a high rating. Town government is not an easy task, and in most cases the effort is much greater than the compensation and it's basically the dedication of the people involved and not necessarily only the party that makes it effective. I would like to thank you all in my behalf and all the people that I know who have had the occasion to work through yours or the town offices. It's a job that is being well done. Sincerely, s/ Hank DiMarco MR. VERSACE moved to receive this letter and place it on file. Seconded by Mr. McCluskey Motion Unanimously Carried Committee Reports --- Mrs. Paino had no reports to submit. Mr. Versace referred to our 1983 application for Dutchess County Consortium Funds for a Senior Citizen Center in the proposed new Town Hall and spoke of a letter received from Deborah Howe, Grants Coordinator informing him that the procedure has changed for 1984 and she indicated that if we still intend to apply for this center it could possibly delay the construction of the Town Hall due to compliance with new federal regulations. She recommended that both 1983 and 1984 funds be applied to the aquifer test which the Town recently approved for 1984 application. He requested the Board to honor the following motion: MR. VERSACE moved to withdraw the 1983 application for $50,000.00 Consortium Funds for the Senior Citizen Center in the new Town Hall and apply it to the water emergency aquifer testing in CWWIA, in addition to the 1984 application for aquifer testing and notify Mrs. Howe of this decision. Seconded by Mrs. Paino Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Before the vote was taken, Mr. Versace commented that the center will still be included in the new Town Hall. He is making this request so there will be no chance of a delay in construction, he had no intention of interfering with this project. Mr. McCluskey objected to a statement made in a letter from Scott Chase, Senior Planner for Dutchess County to Deborah Howe who has taken over Edward O'Connor's position, indicating that he felt the Town was not serious in building the Town Hall in the near future. Mr. O'Connor knew from the beginning that the Town wanted to put these funds into a Senior Citizen Room -- the Town Board never waivered on that commitment, they have gone through with all the stages as planned--suddently they drop a bomb with this statement. Mr. O'Connor advised the Board on the eligibility of these projects and it was a shoe -in until a month ago, now it has been given low priority. He questioned the need for the excessive amount of $100,000.00 for an aquifer test and stated that he could not support Mr. Versace's motion. He scoffed at the reason given on new federal regulations and blamed Dutchess County for being delinquent on acting on our original application. Do we now stand a chance of losing all the money due to this sudden shift? Mr. Versace clarified the statement in the correspondence received as stated by Mr. McCluskey by reference to another statement regarding the delay of the environmental review for the project because it was their understanding that the previous Town Board had not committed themselves to building the Town Hall in the immediate future. This Town Board, he added, has taken a positive attitude. It is unfortun- ate that the ground rules have changed. He reiterated his concern on delaying the construction and although he understood Mr. McCluskey's feelings on this sudden change, he urged approval of his motion. Michael Hirkala was recognized by the Chair and commented that various governmental bodies above the county level have taken it upon themselves to put the "screws" on the Town governments in one way or another. The Town Board should, on no uncertain terms, stress fact that it is time the state and county work with the municipali- ties instead of dictating to them. He added that the two year funds being applied to aquifer testing are beneficial to only a portion of the Town-- he would like to see the whole Town reap benefits from this funding in the near future. Mr. Versace considered this inequity to be true even down to municipalities imposing burdens on the residents and felt that if the Town Board knew the rules and regulations on applications for this funding would be constantly changing, they never would have joined the program --it has become a headache having something in your grasp and losing it. We have an urgent need for water and at the present time there is nothing else the Town can apply for. Mr. Hirkala presented more opinions on the Consortium Funding and Mr. McCluskey added a few more derogatory comments directed at the County and Mr. Versace tried to justify the present procedures. He suggested a meeting with these people when Mr. McCluskey persisted with his comments on the procedures of the representa- tives calling the shots. The vote was then taken. Mr. McCluskey requested that Mrs. Howe forward any documentation on these changes to the Town Board, include proper funding for eligible projects going back to the date when Mr. O'Connor addressed the Town Board on the procedures for the application. Mr. Hirkala asked if he could make one more comment and was again recognized by the Chair ----he was not knocking this Town Board or the previous Town Board since they were obviously being put into a corner, but they are in this position due to someone's inefficiency and he felt there should be a meeting with Mr. Chase and Mrs. Howe to explain this changing of rules in detail. Mr. Incoronato had no committee report to offer at this time.' Mr. McCluskey had no committee reports but brought up an incident in South Hills Mall of a friend who was broadsided by a car going through a stop sign in the Mall he assumed was installed by the landlord. The offender admitted her guilt, there was a witness to the accident but the Town of Poughkeepsie Police informed the person who was hit that he could not issue a ticket due to the fact that they are put up by the landlord on private property. Mr. McCluskey requested the Attorney to research this matter and give an opinion on the legality and enforcement of fire lanes, handicap parking and stop, yield or directional signs in malls or private property. Along the same lines, Mr. Incoronato suggested that the Vandalism Patrol have some kind of reflective material on them since a friend of his nearly ran into one of them on New Hackensack Road. A Public Hearing having been held by the Town Board on June 18th, 1984 on a Schedule of Amendments to the Junkyard Ordinance, the matter was now placed before them for their consideration. MR. INCORONATO moved to adopt the Amendments to the Junkyard Ordinance as follows: la I 11,11111 hi II I 111110111,111,1461011111111141111tplollIW SCHEDULE OF AMENDMENTS PROPOSED TO THE JUNKYARD ORDINANCE OF THE TOWN OF WAPPINGER ADOPTED BY THE TOWN BOARD ON JULY 11, 1977 AND AS FURTHER AMENDED BY THE TOWN BOARD ON MAY 14, 1979 Section 4: APPLICATION FOR LICENSE The paragraph starting with the words, "At the time of making the application" shall be amended by adding in at the end of the said aforementioned phrase the following words: "and at each annual renewal application", and otherwise to read as is. The paragraph commencing with the words, "A Person presently engaged in or conducting an activity or business such as described herein on real property within the Town of WappinTer must apply for a license therefor within thirty days of the adoption of this article" shall remain as is, but the remainder of that paragraph shall be deleted commencing with the words, "If the place where he conducts..."etc. Section 5: THE LICENSE The first paragraph shall be amended by increasing the fee for the license from $25.00 to $200.00, and the wosds, "necessary inspections" shall be amended to read, "initial inspection". At the end of the sentence ending with the word, "prescribed", the following shall be added thereto: "Any subsequent inspection resulting from failure to comply shall cost $50.00 per inspection. If non-compliance with this ordinance shall exist thirty days after such initial inspection, the application theretofore made shall be deemed to be null and void and the applicant shall then cease and desist from all types and manner of junkyard operation". The last paragraph of this section commencing with the words, "In the event that an applicant for a license..." shall be deleted in its entirety. Section 6: REGULATIONS The second paragraph of this section shall be amended to indicate that the licensee shall erect a six foot fence and otherwise is to remain the same, except to have added thereto, after the word "business", the following language: "All junkyard materials, equipment and structures shall be kept and maintained at least one hundred feet from any residential boundary lines of adjacent and contiguous properties, except that crushing operations and equipment shall be located no closer than four hundred feet from any such residential boundaries". The first sentence of the fourth paragraph of this section shall remain as is. However, the second sentence, commencing with the words, "All burning shall..." including the next sentence, ending with the words, "legal holiday" shall be deleted. A final sentence - to be added to this paragraph - shall read as follows: "There shall be no stacking of vehicles except for the absolute minimum required for crushing operations". Section 7: VIOLATION OF ORDINANCE, OFFENSE AND PENALTIES THEREFOR The second paragraph of this section shall be amended to read as follows: "For every violation of any provision of this article, the person, entity, corporation or partnership violating the same shall be subject to a fine of one hundred dollars". The third paragraph of this section shall be amended by increasing the civil penalty from the sum of $25.00 to the sum of $100.00. I 3 Seconded by: Mrs. Paino Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Mr. Incoronato suggested that the Ordinance be redone in its entirety to reflect the amendments. He requested that both he and Mr. Kessler inspect this revision before it is sent out. Mrs. Snowden noted that she would confer with the Zoning Admin- istrator on this matter. A request had been received for a part time Fire Inspector and a full time Fire Inspector and Mr. Versace stated that at this time a part time inspector would be appointed and the Board will give their consideration to hiring a full time Fire Inspector in 1985. MR. INCORONATO moved to appoint Thomas J. Classey as part time Fire Inspector for the Town of Wappinger effective July 1, 1984, at $4,200 for the remainder of the year (July 1st through December 31st, 1984) (Residence, 14 Barbara Lane, Town of Wappinger). Seconded by Mrs. Paino Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay Prior to the vote Mr. Incoronato noted that Mr. Classey was a retired Assistant Fire Chief from the City of Yonkers where he served for twenty four years, left there about six years ago; he helped draft the Fire Code in that city, currently a part time contractor, knows construction and therefore has two primary skills that are very vital to this position; he has extensive and elaborate experience in firematics. He felt the Town was fortunate to find a person of this caliber. Mr. Versace added that our present Fire Inspector, Hans Gunderud has interviewed Mr. Classey and recommended his appointment to the position. Mr. McCluskey offered his opinion that the Board of Fire Commissioners specifically asked for a full time Fire Inspector when theta met with the Town Board. This is a first class town, second in size only to the Town of Poughkeepsie ---we have totally ignored their request. He questioned if these Commissioners even knew Mr. Classey. He does not know him or have any information on him so he could not vote for his appointement. He felt that the Fire Chiefs of the community know more about fire prevention and this type of job. Mr. Versace rebutted these statements and reiterated that Mr. Gunderud had interviewed him, recommended his appointment, knew his background. He also was present at the work shop session with the Commissioners and their request was not being ignored. They indicated to the Commissioners that night that they would consider a full time inspector for the 1985 budget and they seemed to find that acceptable. They were also informed at that session that the Board would consider hiring a part time inspector which they were now doing to assist Mr. Gunderud. Under Unfinished Business, Mr. Incoronato had requested the Engineer to supply him with information on the development of sludge treatment system developed by Biological Water Purification Corp. Mr. Evangelista responded that Mr. Morris had requested this information by that company but has not received it as yet. He hoped to present it to him by the next Board meeting. Unfinished Business, Mr. Kessler reported that he had a request from an attorney representing Mr. Robert Tyler, 4 Fox Hill Road, Town of Wappinger, in the sale of his home. The attorney indicated that the survey showed that a portion of this property located in the front was to be deeded to the Town for road purposes and apparently never was. The note on the filed map to this effect creates a cloud on the title of Tyler and the attorney is now requesting the execution of a quit claim deed from the Town to the Tylers. A portion of the house has been built on the area which was supposed to be deeded t) the Town. Mr. Croshier has no objection to this action since he has no plans for a road on that land -- it actually is a paper road, just existing on the filed map. Mr. Kessler saw no legal impediment if the Town took this action. MR. INCORONATO moved to authorize the Supervisor to sign the quit claim deed to the Tylers --r (as recommended by Mr. McCluskey) conditional upon approval of the plat by the Engineer to the Town. is Seconded by Mrs. Paino Motion Unanimously Carried Mr. Kessler's second item referred to a letter to him from the Attorney representing D.W.S. Holdings Company on a Planning Board matter re Cranberry Hills Subdivision concerning the payment of inspection fees. They had requested to pay these fees as the project was completed, in stages; the Planning Board objected to partial payment and did not want to stamp the subdivision plat unless all fees were paid. A paragraph in the letter stated --- "The developer is available on a 24 hour notice to present to the Town and its Planning Board the final plat for signature along with the required draft for the fees as provided for in the Town Board's resolution and under applicable law". Mr. Kessler discussed this with Mr. Fanuele, Chairman of the Planning Board, and asked for his comments. He has not received any to this date. Mr. Versace noted that the usual procedure is that the Chairman signs off on a totally approved site plan -- this project was not submitted on a phase basis but rather on a total complex. He believed the Town Board would not entertain any partial or reduced fee. Mr. Kessler then referred to a Town Board resolution dated March 12, 1979 and read paragraph #8 ---"The Town Engineer will develop a schedule of payment of inspection fees, the same to be corrolated to the actual requirements of inspection". Mrs. Paino asked about permitting final approval of complete projects and not approval in stages ----was this included in any resolution; Mr. Kessler replied that it was not specifically but there is some ambiguity in the resolution. Mrs. Paino continued the discussion and felt that final approval of the whole project should be a result of total payment of all fees unless in researching previous resolutions, it was otherwise stated. Mr. Kessler suggested that this matter be discussed further with the Planning Board if this Board so desired. Mr. Versace recommended that they wait for a report from the Chairman of the Planning Board and requested the Attorney to submit this correspondence to Mrs. Snowden so she could copy the Board. No decision would be made tonight and it was his feeling that if it came to that he could not entertain partial payment for Cranberry or any other development ---when the plat is signed the fees have to be paid up front. Mrs. Mary Van De Carr, owner of a kennel at 21 Roberts Road in the Town of Wappinger was recognized by the Chair and requested to make a statement to the Board. It was her understanding that her neighbor, Mr. Tallman, was present at the last meeting and discussed the dog problem he was having with her ---this has been going on ever since he moved in. This matter went to court last February and no decision has been rendered at this time. It was stated in the Judge's chambers that Mr. Tallman should call her if he had any complaints ---she has not heard from him. At that meeting Mr. Tallman stated that he had no objections during the winter when the windows are closed. They have just purchased a huge air con- ditioning unit which will be installed as soon as possible which will enable her to bring the dogs in when she goes away and shut the windows day and night. Since February she has placed four of the stray dogs she was harboring, she had one put down and will be placing another one on Friday and one will go next week. She is also contacting a vet who will debark a dog; this is a last resort and she feels it is cruel but she is trying to cooperate. She asked the Board to please notify her if there is any discussion planned on the matter at future meetings so she can be present with her attorney. She objected to Mr. Tallman making statements when she is not present. Mr. Versace responded that Mr. Tallman was in the audience, sat through the agenda and spoke to the Board at the end of the meeting. He was not on the agenda, but if he requested to be on it in the future, she would be notified. Mrs. Van De Carr continued and stated that she resented a previous statement made by Mr. Tallman at a Town meeting that her daughter was coming home after a night on the town. This was too much! She reiterated her request to be notified if they knew he would be on the agenda or present at a meeting. Mr. Versace had two items under New Business. Due to the heavy usage of water in early June, the water systems were overburdened and he sought permission from the Town Board to declare an emergency water ban if the need arose. l� Although Mr. McCluskey pointed out that the Supervisor had this authority, Mr. Versace said he preferred to have this permission. MR. INCORONATO moved to authorize the Supervisor to declare an emergency on the use of water in the town if the situation demanded such an action. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Versace announced that during the summer months (July and August) there will be only two work sessions ---the second and the last Thursday of each month. In September he will resume the work shops for every Thursday of the month. Mrs. Paino requested to amend the resolution on the appointment of Mr. Thomas Classey as part time Fire Inspector regarding his salary fixed at $4,200.00 from July 1, 1984 through December 31, 1984. She preferred to withhold the amount of salary until it was discussed with the Comptroller. MRS. PAINO moved that the salary amount of $4,200.00 from July 1, 1984 through December 31, 1984 for Thomas Classey, part time Fire Inspector, be excluded from the previous motion adopted by the Board. Seconded by Mr. Versace Roll Call Vote: 3 Ayes Mr. McCluskey ---Abstained Mr. Versace brought up one more item and questioned the Attorney on the status of the Article 78 brought against the Town by DWS Holding Company. The Attoraey reported that he had submitted papers to the court in opposition to this Article 78, the petitioners requested an adjournment through their attorney and the matter has been rescheduled for next week. There was no other business to come before the Board. MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Incoronato and unanimously carried. The Meeting adjourned at 9:28 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 6/18/84 A Publ,ic Hearing was held by the Town Board of the Town of Wappinger on June 18, 1984 at Town Hall, Mill Street, .Village of Wappingers Falls, Dutchess County, New York on Amendment to the Zoning Map of the Town of Wappinger from R-40 Residential to Al -2A Airport Industry,(VanVoorhis Property.) Supervisor Versace opened the Hearing at 7:06 P.M. Present: Absent: Frank Versace, Supervisor Joseph Incoronato, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Renata Ballard, Councilwoman Gerard McCluskey, Councilman 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.) Supervisor Versace asked for comments from the public either for or against the Ordinance. Mr. Donald Close of B. & D. Contracting presented a map and briefly described the layout of the building proposed. Mr. Edward Hawksley, Chairman Town of Wappinger Conservation Advisory Council, presented a map prepared by Dutchess County Dept. of Planning regarding water resources in the County. It indicated the good acquifer areas in the Town. Mr. Hawksley noted that the proposed zoning area is right in one of the primary acquifer areas and run off could potentially polute the acquifer and have an impact on the wells in that area. Mrs. Snowden read a letter received from the Town Planning Board recommending the passage of the Amendment. Mr. Versace said that nothing had been received from the County Planning Board. Mrs. Paino asked that trucks not be washed at the site for environmental purposes. She also expressed the concern regarding fuel tanks being stored on the premises. Mr. Incoronato said that every effort would be taken to safeguard the environment in the area. Mr. Versacemovedto close the Public Hearing, seconded by Mrs. Paino and unanimously carried. The Hearing closed at 7:19 P.M. ck4Ak._ Elaine H. Snowden Town Clerk MP - TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER (R-40 TO AI -2A) STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly swron, 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 June 5th, 1984, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Map of the Town of Wappinger (R-40 to AI -2A), on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Wappingers Falls, New York. Sworn to before me this day of 1984. ("\INIO4-AliPublic ta -E ne H. Snowden Town Clerk Town of Wappinger 4rimiwia . 1g i PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing on June 18th, 1984 at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York on an Amendment to the Zoning Map of the Town of Wappinger from R-40 Residential to AI -2A Airport Industry, (Van Voorhis Property). The following Ordinance was introduced by Supervisor Versace: Section 1. The Town of Wappinger Zoning Map, adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcel of land from R-40 Residential to AI -2A Airport Industry, 2 acres classification, which said real property is more particularly described as follows: (SEE SCHEDULE "A" AFFIXED HERETO) The present owner is Coert B. Van Voorhis, tax grid number 19-6259-04-503105-00. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by the law. ELAINE H. SNOWDEN Town Clerk Town of Wappinger Dated: June 5, 1984 Date of Publication: June 6•, 1984 127. and 3. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS , NT 12590 own hA a Weppforper will • P.M.11111* m Maes 1511 NWIWITIZILtsailitendment tt000 np Ma>► of Mrs Town ot Wer, r Voornls+: Town of W dopted March • and w ane ndedo d WM rims 10 tin», hi! & hereby further amended by ►szonlnnpp i the following parcel of Iand f from R•40 Residential to AI.22A,Air �'na'�c+nom P�culMy •. M4iataohact or lowest of landVhopinger ,,, a,s�hounur�tMtyydaDutchesstcand t Stat *New Tmk bounded and described as i � m ata point M the westerly Mpsis Rod, said point being « er former ice ow�(Ubofir 1074, cp30 naming' thence along the northeasterly line of the said ands now ! or innerly Kotowslcl (!.nice 1(74, ep 309) North 339.00.000 West 243.56 feet to a point; long the said , lands now or formerly Kotowaki (Liber $1074, op 309) and also along the nor- theasterly **of ands now or :ormsdy D. Brescia Construction Corp. (Ube 1333, op 574) said line also b.Mng the e mean center line of a stone wail, North 3140.00 West 524.90 feet to an in. tersectlon of stone walls; theme along the southerly lino of Panel "6," lads now or format' Alexander `UG'ir 1359, , cp 932) and also Parcel "Alards now pr _formerly Richardson gib, 1532, cp 344) Paresis "A" and "6" shown on a map entitled "SubdMslon Plat for John Alexander filed M the Dutchess County Claes Office on 11/20/79 as map No. 6775, and funning partially along the mean center lint of a stone • wail the following two courses: Nolo 783000 East 150.14 fest to a point and , North 790600 East 440.00 feet to the Mona "rAlt Road; th:�lineothence A' gels Aoad South 138OINfist 776.34 feet to the point ler place o bsglnning. tMmkq 3,22 acres of land, more or i Subfect to the exert easements and rights-of-way of re faany. <, T The present owner ls S van agoorM.tax grid nonbsr 10426940- letruo4 2... This amendment shall become berme •'Ment 'e upon �adoption, ,IYbY0i60n•as prescribed rein! Snowden Tow %of w r Sr 111114.-., • sok' AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Gisela Schmitt of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the .. 73Actkkeeper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ... Janie ... weeks successively .. once. . in each week, commencing on the ..6th . day of .Jun.• . 19. 84. and on the following dates thereafter, namely on and ending on the ....6th day of... June 19.8k. both days inclusive j�/E Subscribed and sworn to before dare this ....6th.... day of. ..June. • • • 19• .84 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUOLIC, SIATE OF NEW YORK QUALIFIED 1:1 W! (CHESS CUIINTY #14 3240760 0 COMMISSUTN EXPIRES MARCH 30, 1914 A Public Hearing was held by the Town Board of the Town of Wappinger on June 18, 1984 at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York for the purpose of a proposed Local Law to Repeal the Exemption on Real Property as Provided by Section 485-b of the Real Property Tax Law. Supervisor Versace opened the Hearing at 7:40 P.M. Present: Absent: Frank Versace, Supervisor Renata Ballard, Councilwoman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Joseph Incoronato, Councilman 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 briefly reviewed the history of this proposed Local Law. In or around 1976-1977 the State of New York authorized a Tax Law, which the Town Board adopted,allowing new industries and businesses a 50% tax break over a 10 -year period for new additions on their property. Research of the surrounding municipalities showed that they do not allow this tax break. The Proposed Local Law would repeal the Exemption on Real Property provided by Section 485-b of the Real Property Tax Law of the State of New York. There were no persons present to speak either for or against the repeal of this Law. Mr. Versace moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Hearing closed at 7:43 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW TO REPEAL THE EXEMPTION ON REAL PROPERTY IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: ss: ELAINE H. SNOWDEN, being duly sworn, deposes and 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 May 22nd, 1984, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law to repeal the exemption on real property in the Town of Wappinger, 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. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this 1 day of 1984 Notary Public IMO MAR Ns. 4111MNI Oval sl M mer Otass(y w mti s1ce Evtrw M* a Weji DISPLAY ADVERTISING NOTICE IS HEREBY GIVEN that there has been duly presented and introduced before the Town Board of the Town of Wappinger Dutch's' County, New York, on May 21st, 1984, a proposed Local Law as follows: LOCAL LAW NO. OF THE TOWN OF WAPPINGER -1984 A Local Law 10 repeal the exemption on real property as provided by Section 488-b of the Real Property Tax Law. BE IT ENACTED, by the Town Board of the Town of Wappinger as follows: Section 1. This Local law shall be known and cited as Town of Wappinger Local Law No. 1984 repealing the exemption on real property provided by Section 485-b of the Real Property Tax Law of the State of New York. Section 2. LsOMlallw Intent This Local Law provides that the exemption authorized by New York State Law for real property con- structed, altered, Installed or improved for the purpose of commercial, business, or Industrial acttNty shall not be exempt from taxation, special ad valorem levies and service chargee, since it Is In the best Interest of the Town not to allow such exemption. Section 1. Pursuant to the authority set forth In subdivision 7 o1 Section 4854) of the Real Property Tax Law, the partial exemption from taxation, and valorem levies and service chargee Is hereby repealed In so far as the exemption would have been applicable to eligible real property assessed by the Town for Town purposes. Section 4. This Local law shall take effect upon Its filing with the Secretary of State and with the State Board of Equalization and Assessment. NOTICE IS FURTHER GIVEN that the Town Board will conduct a Public Hearing on the aforesaid proposed local law at the Town Hall, M111 Street, Village of Wappingers Falls, Dutchess County New York on June 18th, 1904, at 7:30 P.M. EDT, on such date at which time all parties interested will be heard. NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed local CIall fes. D. NEWS CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS, JT 1239O law will be available for examination and Inspection at the Office of the Town Clerk of the Town of Wappin9er In the Town Hall between the date of this notice and the date 0f the public hearing. ELAINE H. SNOWDEN Town Clerk Dated: May 22,1984 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Oats of the Town of Wappinger, Dutchess, County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Ceradit.r.Pablialu.r . . of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for ....*t .... weeks successively . VIM . in each week, commencing on the 2341, day of . . 19.84.. and on the following dates thereafter, namely on and ending on the ..23rd day of.. Nty 19. .84 boat days inclusive. Subscribed and sworn to before me this 23rd day of Mai 19. , ..... . Notary Public My commission expires MIA ht!�: OStt NOTARY PUBLIC, STATE OF NEIN YORK QUAL:FIEII !,: 11111':Ii ES i:r11'1TY ;:14.924076O n COMMISSION EXPIRES MARCH :30, 19 t' A Public Hearing was held by the Town of Wappinger on June 18, 1984, at the Town Hall, Mill Street, Village of Wappingers Falls, New York on Amendments to the Junkyard Ordinance of the Town of Wappinger Adopted by the Town Board on July 11, 1977 and as further Amended by the Town Board on May 14, 1979. Supervisor Versace opened the Hearing at 7:30 P.M. Present: Absent: Frank Versace, Supervisor Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Renata Ballard, Councilwoman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (The Affidavits are attached hereto and made a part thereof of the minutes of this Hearing.) Mr. Versace asked Mr. Incoronato to briefly explain to the residents the various proposed Amendments. After the Proposed Amendments were explained, there were no persons present to speak either for or againstthe Amendments and no letters were received or filed. Mr. Versace moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:40 P.M. Elaine H. Snowden Town Clerk DISPLAY ADVERTISING einTMEgastihe Town of Wappingber will NOTICE Mat the To wn conduct a_pblic hearing on June lgth, LIZtt.P.39 P.M. at the Town Nall, Mill STREET-1VAPPINGERS FALLS 9 T 12590 Wappingers Falls, Clutches* ' Coney New Yore on Amendments to ttroutsOrdlnerros as follows: OF AIADIDMENTS PROPOSED TO THE JUNKYARD , ORDINANCE OF THE TOWN OF WAPFINGER ADOPTED BY THE ' TOWN BOARD ON JULY 11 1 AND AS IGIR MJRTAMENDherlY BOARD OF MAY 14„ 1979 ;Armlike, f.,1149881,46,44041 FOR • Th ps Martin Met the , this of mMIno the Meg be ;WNW iff d I Ms end el the please lie enilv annual and <J. NEWS 914 297-3723 CLASSIFIED ADVERTISING nowtenelng nth the words, presently engaged In Wi ectivity Of 010111104 swia se described herein on real 411 property 919,4 9,s Town of WilOPthis aZffir Iterl of the o adption Of r• SOW Slot Manes therefor n . tide" remain as Is, but' the remainder of 941 pecegraph nag be *trend corrirneecIng with the words, . "If the plasephere he oonducts—" ; Seddon & THE ODENSE' • The Wet pwawspli shag be amended bySlflQ944slorth,Ncsns. tram 426.00 1200.00, and the words, arlInerndedsuarre r=6"cintirein insirlectianlon.b! Al the s9101 the sentence ending with resit ward; "preemlb" the knowing shell tra. added ~ste:. "Arry sub. SWOON* ' Inspection resulting from . failure le comply shell cost MAD per ff nee with this shell such lal the appdarialinst tion to be end the applicant shall desist from .11 ty The Mel pes and Frew of junkyard :rethairrimiclion "In thi.p. for a en - Section & REGULATIONS • The sword peragraph of Mle notion be amended to Indicate that the Mvell erect • six foot fence and othenrlee is So 'wean the same, except M Pave- eddied thereto, 0141the word - "business' -"4 following language: Alstr=rd mandrils, equipment end 7 Shell be kept and maintained at Nen one hundred feel from any reeldengel boundary Miss of adjacent corelprous prepense, ..;4 t/.2,11. limmakm opentione end located no closer ...---forr; feet front wry such residential, boundedes." The and sentence of the fourth:' psisrspI of this section shag remain M Ie. Nowever, the mond ssntsncs 00111.111101111) 1;04 the words, "Al - bunting eitall—" including the next sentence, endin with the words, "legal 'NNW shall be deleted. A final 'sentence '4 to be molded b this -4 shall reed as follows: be no stacking of vehicles . ler the • absolute minimum, for meshing operations." • Seaton7 VIOLATION OF OA-. MANCE, OFFENSE AND PENALTIES . TlIEREFOR The mond paragraph of this section 4 , Mall be amended to read es kdows: ' "FM way violation of any provision of Mies argots; 'ffre person, entity, coy. paean or partnership violating the lane Med be subject to • fine of one bunclmil dollars." The third 01 141 section 11411 be amended by Increasing the Oldi waft nom the earn n -M00 to Ms sum ot $100.00. ' The Vollowino Amrdments to the Orahierros Inn:duped INCORONATO: • Dein, N. Marne Town Clerk 'ToIWsj�n AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Cdsols.Schnits of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Bookhuper of the W. & S.D. NEWS, a newspaper printed and published every Wednesday in the year in the Town of Wappinger, Dutchess County, New York, and that the annexed .NOTICE was duly published in the said newspaper for ... . weeks successively one. . in each week, commencing on the . .6th. day of . JUJU . 19.11 . and on the following dates thereafter, namely CM and ending on the .... 6th . day of... 19.4k . both days inclusive. Subscribed and sworn to before mc this 6th . day of. ;NW ... 19.8k Notary Public My commission expires ALBERT M. OSTEN NOTARY PUCLIC, STATE CF NEW YORK QUALIFIE0 u coilk1 $.14-8240760 COMMISSIOPi EXPIRES MARCH 30. 19$11 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AMENDMENTS TO JUNKYARD ORDINANCE OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 June 5th, 1984, your deponent posted a copy of the attached notice of Public Hearing on Amendments to the Junkyard Ordinance of the Town of Wappinger, 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. Sworn to before me this a day of 1984. Nota, Public • cstrfniMjJA u/'l r:. , ','x'•�, :1 / - Elaine H. nowden Town Clerk Town of Wappinger 7I,