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1984-03-19 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MARCH 19, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES March 5, 1984 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Hydrant 5. PETITIONS & COMMUNICATIONS a. Sup rvisor to declare Deffodil Festival Week b. P. Farnsworth, Zng. Adm. re: Cost of Zoning Map c. Peter Anagnos, Co. Dir. of Eng. re: ROW taking (W-1501 Portion of T/Rec. land along All Angels Hill Rd. d. Letter of thanks from Judge Wolfson re: DWI funds e. Request from Pizzagalli Dev. Company to reinstate Petition to establish a Water Distribution District f. Introduction of Zoning Ordinance to amend "Front yard Setbacks" 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Approval of Kleins Kendell Farms Conservation Park District 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT The Regular Meeting of the Town Board of the Town of Wappinger was held on March 19th, 1984, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the Meeting at 8:10 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 Supervisor Versace started the Meeting with the Pledge of Allegiance to the Flag. The Minutes of the Regular Meeting of March 5th, 1984, having previously been sent to all Board Members were now placed before the Board for their consideration. MRS. PAINO moved that the Minutes of the Regular Meeting of March 5th, 1984, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried Reports were received from the Town Justices, Receiver of Taxes, Hydrant Report, Buildaing Inspector add Fire Inspector for the month of February. MRS. PAINO moved to accept the above stated reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried The following declaration from Supervisor Versace was read: At the March 19, 1984 Town Board meeting, I will ask the Town Board members to support my motion to declare the week of March 26, 1984 as Daffodil Festival Week in the Town of Wappinger. Many businesses, schools, Towns and Villages throughout Dutchess County participate in Daffodil Festival Week. The intent of the Dutchess County Chapter of the American Cancer Society is to make county residents aware of their all out effort to raise needed funds to continue the necessary research on the National level and to provide Dutchess County residents with educational programs on early detection, and to cancer patients, and their family members, the support needed to cope with this disease. The purchase of Daffodils during this week is your contribution in the fight against cancer. A phone call to WKIP Radio Station at 452-5150 will place your order and have your daffodils delivered to any area in the county. MR. VERSACE moved to declare the week of March 26, 1984 as Daffodil Festival Week in the Town of Wappinger. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Snowden noted that she had forms in her office for anyone who wished to order daffodils. Mr. McCluskey interrupted the Agenda and noticed four young men in the audience, one wearing a Boy Scout Uniform and assumed they were present to learn about local government. He thought these young people should be recognized and welcomed by the Board. Mr. Versace agreed and welcome them to the Town meeting; he told them to feel free to raise their hands if they had any questions as the meeting progressed and the Board would answer them. He thanked the boys for attending and thanked Mr. McCluskey for bringing their attention to the presence of the boys. Communications were received from the Zoning Administrator, Pamela Farnsworth relating to the purchase of zoning maps which she recommended that the Town buy from the Dutchess County Department of Zoning at a total cost of $2,250.00 which included one colored zoning map (1" = 1,000') four blue prints of same and 300 copies of the zoning map at a reduced size of 17" x 22" in black and white. MR. INCORONATO moved to authorize the Zoning Administrator to purchase the maps as indicated in her memo to the Town Board at a total cost of $2,250.00. Seconded by Mrs. Paino Motion Unanimously Carried A letter was received from Peter Anagnos, Director Engineering, Dutchess County Department of Public Works, regarding the acquisition of Town owned property at the intersection of Myers Corners Road 3 and All Angels Hill Road (Schlathaus Park) which would be needed by the County for improvements planned on CR 93 (Myers Corners Rd.). Mr. Versace reported that he had contacted John Hinnrichs, Land and Claims Adjuster for Dutchess County and invited him to the work shop session on March 22, 1984 to discuss the purchase of this property with the Town Board and the Attorney. MR. VERSACE moved to table this matter until the next meeting when more information would be available after their March 22nd work shop meeting. Seconded by Mrs. Ballard Motion Unanimously Carried The following letter of thanks was received from Judge Wolfson: February 28, 1984 Frank Versace, Supervisor Town Board/Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Supervisor Versace and Members of the Town Board: This will acknowledge notification from Supervisor Frank Versace that the sum of $1500.00 has been transferred to the D.W.I. Fund as a loan from the Town so that the Court may continue its functions properly. May I thke this opportunity to thank the Town Board or the prompt action on this request. Your action will save money for our Town since a number of Court expenses can now be paid from the D.W.I Fund that would otherwise have had to be paid from Town resources. Thank you for your continued cooperation. Very truly yours, s/ Carl S. Wolfson, Town Justice MR. INCORONATO moved to receive this letter and place it on file. Seconded by Mrs. Paino Motion Unanimously Carried A request was received from the Pizzagalli Development Company to reinstate their petition to establish a water distribution district which they withdrew October 7th, 1983. MR. VERSACE moved to refer this matter to the Attorney and the Engineer for review and authorize them to take the proper procedures to honor Pizzagalli's request to establish a Water Distribution District. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Schmalz was recognized by the Chair and had questions on creating a new district --where was the water coming from, would they be connected to CWWIA storage tank, would they have to serve Cranberry development. Mr. Versace explained that CWWIA would provide water for fire and emergency protection, however they were still working on the contract with Atlas and no action would be taken until the engineer reviewed the design and the Board was satisfied that all the principals would be protected. Mrs. Schmalz felt that the storage tank was not sufficient to handle their own district, how could they supply these developments for emergency purposes. Mr. McCluskey pointed out that the tank was sufficient, the problem was adequate water to fill the tank. Discussion con- tinued along these lines and Mr. Versace reiterated that CWWIA would not be in jeopardy, no action would be taken with any con- tract until the engineers were satisfied that CWWIA was protected, as well' as Atlas they had no intention of overburdening either source. The following resolution was introduced by COUNCILWOMAN PAINO: RESOLUTION PROPOSING AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER WHEREAS, the Town Board of the Town of Wappinger, County of Dutchess, State of New York, is desirous of amending the Zoning Ordinance of the Town of Wappinger to specifically amend Article IV, District Regulations, Section 421(e), Schedule A, entitled, "Schedule of Regulations for Residential Districts", by deleting certain words from the said schedule of regulations, to wit: the words, "front yard" are to be deleted; now, therefore, be it RESOLVED, that the Zoning Ordinance of the Town of Wappinger is proposed to be amended by specifically deleting from the schedule of regulations for residential district, Section 421(e), the words, "front yard" so that Section 421(e) shall now read as follows: "setbacks on County and State roads shall be a minimum of seventy-five (75) feet". Seconded by: Ceunti1woman Ballard Mr. McCluskey questioned the Engineer on whether he had researched the impact this may have on future development of the Town, it could be an unfair burden to the developers. Mr. Evangelista felt that as long as the developer is aware of this requirement there should be no problem; it would, he thought, be beneficial to the Town. The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: RESOLUTION SETTING UP A PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER WHEREAS, the Town Board of the Town of Wappinger, County of Dutchess, State of New York, has decided to hold a public hearing regarding the amendment of Article IV, District Regulations, Section 421(e), Schedule A, entitled, "Schedule of Regulations for Residential Districts", by deleting certain words from the said schedule of regulations, to wit: the words, "front yard" are to be deleted so that said section shall now read as follows: "setbacks on County and State roads shall be a minimum of seventy-five (75) feet."; now, therefore, be it RESOLVED, that in accordance with the provisions of Section 264 of the Town Law of the State of New York, a Public Hearing be held on the 16th of April, 1984 at 7:30 P.M. at the Town of Wappinger Town Hall, Mill Street, Wappingers Falls, New York. All interested persons shall have an opportunity to be heard at the meeting on the question of whether the Zoning Ordinance shall be amended; and it is further RESOLVED, that the notice of the time and place of +the Hearing shall be published at least ten (10) days before the time and date of the Hearing in the W & S D News which is a newspaper of general circulation in the Town of Wappinger. Seconded by: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The following proposed Local Law was introduced by COUNCILWOMAN PAINO: A local law to authorize the Town Board of the Town of Wappinger to direct the Superintendent of Highways of the Town of Wappinger to design, order, and install certain stop signs, WHEREAS, Kenneth T. Croshier, Superintendent of Highways of the Town of Wappinger, has recommended that certain stop signs be installed at certain intersections in order to protect life, limb and property, BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. The preservation of life, limb and property at certain intersections in the Town of Wappinger is of vital importance to the health, welfare and economic well being of the users of public highways. Section 2. Stop signs be made, constructed and installed at the following intersections in the Town of Wappinger, County of Dutchess and State of New York: Nancyaleen at Spook Hill Road Mina Drive at Spook Hill Road Aladdin Court at Losee Road Bellair Lane at Aladdin Court Orange Court at Bellair Lane Section 3. This local law shall take effect immediately as provided by law. The following resolution was offered by COUNCILWOMAN PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 19th day of March, 1984, a proposed Local Law to direct the Superintendent of Highways of the Town of Wappinger to design, order and install certain stop signs at certain intersections in the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE BE IT RESOLVED, 1. That a Public Hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 16th day of April at 7:35 P.M., on such day at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, 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 the 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: Councilman McCluskey Roll Call Vote: 5 Ayes 0 Nays The next resolution related to additional bonding required for Central Wappinger Water Improvement Area Extension Contract. The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, proceedings had been taken in accordance with the provisions of Article 12-C of the Town Law, by the Town Board of the Town of Wappinger, Dutchess County, State of New York, wherein there was previously established a Central Wappinger Water Improvement Area in said Town; and WHEREAS, certain construction of the water system and other facilities were proposed at a cost of $3,200,000.00; and WHEREAS, it appeared that the improvement had to be modified to increase the maximum estimated cost to the sum of $3,402,000.00 pursuant to Section 209-q (5) of the Town Law; and WHEREAS, a plan and report were prepared by the Town Engineer and filed in the Office of the Town Clerk; and WHEREAS, the proposed area map showing the benefitted area has heretofore been filed; and '7 WHEREAS, a public hearing having heretofore been held for the purposes of considering the plan, the report and the map filed in the Town Clerk's Office and the proceedings having been found to be regularly held; and WHEREAS, it is now necessary to authorize and direct the Supervisor of the Town of Wappinger to make an application for permission to file an application with the Comptroller of the State of New York to increase the maximum estimated cost of the project by $202,000.00; now, therefore, be it RESOLVED, that Frank J. Versace, Supervisor acf the Town of Wappinger, be authorized and directed to make an application to the State Comptroller of the'State of New York to sign such petitions, documents and affidavits as may be necessary to obtain the bonding required in the sum of $202,000.00 to modify the existing improvement. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays Mr. Versace explained that this bonding was required for an extension contract on Central Wappinger Water Improvement Area which extended the water lines in the Cedar Hill Area to provide water to those homes within the district that remained unserviced. The project has been completed and the contractor was paid from the operation and maintenance fund of the district; this additional bonding would replace the funds that had been taken from that account. Normally the bonding was acquired before the project was approved; in this case the procedure was reversed and the Town must apply to Audit and Control to procure the money. The following letter was addressed to Supervisor Versace from the Attorney dated March 19, 1984 Re: Town of Wappinger/Soil Erosion & Sediment Control Ordinance Dear Mr. Versace: I am enclosing herewith an original and one copy of a proposed ordinance as titled above. If the Town Board desires to adopt such ordinance, then the Town Clerk must publicize a Notice of Hearing for the said Ordinance. Mr. Ed Hawksley should be thanked for his input to me in this matter. The following Ordinance was introduced by COUNCILMAN INCORONATO' and seconded by Councilwoman Ballard: ( Attached hereto and made part thereof of the Minutes of this meeting) MRS. PAINO moved to set a Public Hearing on the Town of Wappinger Soil Erosion & Sediment Control Ordinance on April 16, 1984 at 7:40 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all persons interested in this Ordinance. Seconded by Mr. Incoronato Motion Unanimously Carried A response was received from the Planning Board on the two rezoning requests referred to them by the Town Board. The Planning Board reviewed the facts on the B.S.M. Realty (Maher) rezoning request to change to commercial zoning, property located on Old Route 9 and recommended that the parcel be rezoned. The B/D Contracting Company request to change 5.2 acres on the westerly side of All Angels Hill Road to commercial zoning was denied by the Planning Board due to lack of information; they were, however, willing to reconsider this request upon presentation of necessary information. MR. VERSACE moved to refer the B.S.M. Realty rezoning request to the work shop session on March 22nd, 1984 for discussion with the Attorney. Seconded by Mrs. Ballard Motion Unanimously Carried MR. VERSACE moved to direct a letter to B/D Contracting Company requesting that they contact the Planning Board and submit the proper maps and documents to them so the Board can review their rezoning request. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Versace recognized Sandra Goldberg and Don McMillen, Wappinger County Legislators and asked if they wished to report on any County activities. Mr. McMillen reminded the Board that the County Grants Coordinator would be at the County Building on Thursday and Friday of this week and if the Board had questions to present to him on consortium funds he would stay after the meeting to discuss this with the Board. Mr. Versace mentioned that a meeting was being held in Millbrook tonight and a representative of the Town would be present to acquire information for the Board. Wappinger County Legislator Peter White had informed Mr. Versace that a meeting would be held at the County on Thursday evening and the Town would also be represented at this meeting. The Engineer was handling the appli- cation for the Town and commented that they were preparing questions, comments and recommendations for this meeting. Mr. Versace thanked Mr. McMillen for his offer of help to the Town Board in this matter. Mr. McCluskey was concerned about the funding for the Town Hall, it seemed to him that the ground rules for this funding keeps changing. He asked Mr. McMillen if any town had received a committal for the funds they had applied for. Mr. McMillen replied that this was the reason for the meeting with the Grants Coordinator --there were a lot of questions that needed an answer -- what is the status of the program, who is receiving money, how much are they receiving. He hoped these questions would be answered at the meeting. In answer to Mr. McCluskey's question if the Town Hall project was still eligible for the funding, Mr. Versace answered that it was impression that as long as the Town had a viable program we would be eligible for the $50,000.00 for the Town Hall project as well as the $14,400.00 funding for the handicapped facilities at Robinson Lane. Committee Reports ---Mrs. Ballard, Building Committee, reported that Mr. Liscum of Hayward & Pakan presented the final design for the Town Hall at the Board work shop on March 15, 1984. A copy was set out for those who wished to view it after the meeting. The Town Board is reviewing the design, as presented, and are in contact with the department heads regarding the layout and any questions or problems they may have with the design. A department head meeting is planned for March 29, 1984 and they will discuss the design with them as far as questions, problems, additions or subtractions. Election Committee --Mrs. Ballard reported that she had received confirmation from the Immanuel Christian Reformed Church on Myers Corners Road and they have agreed to house a polling place for Ward 4; the New Hackensack Reformed Church has agreed to move the two polling places from the Christian Educational Center to the Memorial Hall, located in the rear of the Church since it provides ample parking for this activity. She has had no response from the Community Baptist Church on All Angels Hill Road or the Twin Lakes Sportsman Association on St. Nicholas Road and will contact them this week. A problem with using the Town Justice Court as a polling place has arisen due to the fact that a court trial has been scheduled for April 3rd, 1984, which is Primary Day. Mrs. Ballard contacted personnel at Imperial Garden Apart- ment and hopefully the management there will agree to the Town using the lobby as a polling place for Ward 3, District 6, compiled of Imperial Garden Apartments and Ashley Apartments which is presently located at the Justice Court. She will continue searching for more polling places as this must be finalized before the May lst deadline notification to the Board of Elections. Mrs. Paino, Airport Advisory Committee, reported that the first meeting of this committee will take place on March 21, 1984 at the Department of Aviation at 3:30 P.M. Subjects on the agenda include the election of chairman and vice chairman, discussion of future meeting dates and the Richmor Aviation proposal. A report on what transpires at this meeting will be given by Mrs. Paino at the next Town Board meeting. Mr. Incoronato, Highway Committee, reported on work shop meeting held March 15, 1984 with Mr. Spratt, Commissioner of Dutchess County Department of Public Works. They discussed various projects in the Town that were either under way or pending, the first was the widening of the intersection at Myers Corners Road and All Angels Hill Road which was discussed earlier in the meeting relating to the acquisition of Town property at that intersection (Schlathaus property). This project was mainly to accommodate additional traffic expected from the proposed IBM facility. The second item was requests for lower speed limits on Spook Hill Road and Widmer Road; Mr. Spratt proposed cautionary signs rather than reducing the speed limit and he will work with Mr. Croshier in placing these signs. They also discussed the rear entrance at the Scenic Apartments on New Hackensack Road and Mr. Spratt recommended that vehicles exiting from that point be allowed to make a right turn only. Mrs. Paino i1 interrupted at this point to give her version of the discussion and stated that there was a County permit issued at the time of construction stating that the gate should be open only for emergencies; Mr. Spratt was given the number and date of this permit and would review it to see if they are in violation allowing the gate to be open and would get back to the Town Board. He did mention that if the gate remained opened they could consider allowing right hand turns only but this was only in the event that this exit remained open and they would discuss this at a later date. Mr. Incoronato continued and discussed the possibility of installing a traffic light at the Route 9 intersection with Scenic Apartments; Mr. Spratt felt that they did not want a control for egress at this intersection at present due to future construction planned for Route 9. Mr. McCluskey pointed out that this was a state road, not a county road, and the plans are already mapped out for this construction; it was indicated to him at a meeting nearly a year ago that a light was planned at this intersection and it could be installed prior to construction. Mr. Versace interpreted Mr. McCluskey's statements as criticism of Mr. Spratt and asked that now that they have an open line of communications, he would like to keep it that way. Mr. Spratt was just being logical in his opinion that the light should not be installed until the construction starts. He felt that Mr. Spratt was giving time to the Board for this discussion and he hoped this communication would continue. Mr. McCluskey denied that he was critizing Mr. Spratt but felt that the state should be making this decision, not the county. He had made a motion at a previous meeting that the New York State Department of Transportation be requested to install this light prior to construction and Mr. Versace suggested that they wait for a response from the state. Mr. Incoronato resumed his report on the final segment of their discussion which related to the county taking over the operation and maintenance of the Town traffic lights at the intersections of All Angels Hill Road and Myers Corners Road, All Angels Hill Road and Hopewell Road and Old Route 9 and Middlebush Road. It appears that Mr. Spratt stated that he had made this recommendation to the former administration but it had fallen on deaf ears and he now asked the new administration to officially request the county to take over these lights. Mr. Incoronato moved to direct a letter to the County requesting that they take over the operation and maintenance of the three traffic lights, as stated previously. This brought forth an exclamation from Mr. McCluskey that Mr. Spratt was all wet and this statement really upset him since the previous Town Board has requested this action from the county on two or three occasions ---where were these communications! He addressed another matter of concern --the problem at the New Hackensack Fire House which wasn't mentioned. Mr. Spratt visited the area with Mr. Anagnos and one of the Fire Commissioners in regard to lowering the speed limit on Myers Corners Road in that area and stated that nothing could be done. Now, all of a sudden he wants to help the Town! Mr. Versace called for a second to Mr. Incoronato's motion (refer- ring to only lights at All Angels Hill Road and Old Hopewell Road and Old Route 9 and Middlebush Road). Mrs. Paino then offered a second to that motion. Mr. McMillen was recognized by the Chair and commented that the County did not want to take over the operation and maintenance on the light at Middlebush Road; their intent was to abandon that light (Spatt's December statement)and when the Town took that action the County would be willing to assume the other lights. (Discussion followed to amend the first motion; it was finally rescinded and restated). Both Mr. Hirkala and Mrs. Mills vehemently objected to any intent to abandon the light at Middlebush Road; it was a dangerous intersection and there would be chaos. Mr. McCluskey offered his comment that as Chairman of the Public Safety Committee last year, he had contacted the Highway Superin- tendent, Sheriff Department and Superintendent of Department of Transportation for Wappinger Central School District and all were against removing this light. 13 Mr. Versace called for a five minute recess at 9:27 P.M. The Meeting was called back to order at 9:35 P.M. and all five Board Members were present. MR. VERSACE moved to rescind all previous motions relating to County maintenance of Town Traffic Lights. Seconded by Mrs. Paino _ Motion Unanimously Carried MR. VERSACE moved to request the Dutchess County Department of Public Works to take over the operation and maintenance of the Town Traffic Lights at All Angels Hill Road and Old Hopewell Road and Old Route 9 and Middlebush Road. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. McCluskey complimented the Highway Department for the good job they did on the roads this winter, especially the last storm. MR. MCCLUSKEY moved to direct a letter to Mr. Spratt and request that he reassess the traffic situation in the area of the New Hackensack Fire House and reconsider the Town's previous request for a reduced speed limit. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Hirkala was recognized by the Chair and requested the Board to notify the School District that the Town has asked the County to take over the operation and maintenance of the light at Old Route 9 and Middlebush Road and there is a possibility that the County may abandon this light. MR. MCCLUSKEY moved that the Wappinger Central School District be notified of the Town's request to the County to assume the maintenance of the light at Old Route 9 and Middlebush Road and there is a possibility that the County may abandon this light. Seconded by Mr. Incoronato Motion Unanimously Carried The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, the adopted budget for 1984 did not provide for sufficient funds for Personal Services in the offices of the" Supervisor and the Comptroller, now BE IT RESOLVED, that the sum of $5,400.00 be and here is transferred to account A1220.1, Supervisor, Personal Services and the sum of $24,000.00 be and here is transferred to account A1313,1, Comptroller, Personal Services and BE IT FURTHER RESOLVED that these sums of monies shall be transferred from Federal Revenue Sharing account CF1990.4, Contingency. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays MR. VERSACE moved to direct the Attorney to prepare the necessary documents to set a Public Hearing on an Amendment to the Subdivision Regulations which would require Department of Health approval for two lots or more subdivisions. Seconded by Mr. Incoronato Motion Unanimously Carried At the last meeting Mr. Incoronato had referred the matter of tractor -trailer parking on Town and County roads to the Planning Board, the Zoning Board of Appeals, the Public Safety Committee and the Attorney for their review and recommendation. He asked if there had been any response and Mr. Versace replied that there had been none ---any response received would be forwarded to the Board. Mr. Versace noted that at the last work shop session with the Planning Board and the Zoning Board of Appeals one of the subjects of discussion was average density; his intent was to further discuss this with the Attorney to prepare a resolution to rescind this portion of the Zoning Ordinance. On Special Use Permits, they are arranging a video tape presentation by the Dutchess County Depart- ment of Planning; the Planning Board and Zoning Board of Appeals will be invited to attend this presentation along with the Town Board and anyone else interested. Mr. Versace then spoke of forming an advisory group to review the Zoning Ordinance and asked that any interested party call the Supervisor's office. Mr. McCluskey spoke in regard to the PASNY lines crossing the Hudson River and was concerned that the dredging operations would stir up PCB's in the river. MR. MCCLUSKEY moved that a communication be forwarded to the State expressing the Town's concern of stirring up the PCB's in the Hudson River during dredging operations. Seconded by Mr. Incoronato Motion Unanimously Carried Mrs. Mills was recognized by the Chair and had several items to discuss which she felt the Town Board should address. They included the Master Plan at the airport; a public hearing was supposed to have been held in February or March but she had seen no new release on this item. Her next concern was the airport audit for 1983 which should be checked since the last audit showed that the airport was in the red which did not seem logical to her since the airlines housed there indicated they were making money. Her third concern referenced the gate opening at the Scenic Garden Apartments which she contended must be closed except for emergencies. She also mentioned that the shoulders on New Hackensack Road are still in a deplorable state despite the many communications sent to Mr. Spratt by the former Town Board to correct this dangerous situation. Her last remark on this matter was that the Dutchess County Legislator from this district has never gone to bat for the Town to alleviate this problem. Mrs. Goldberg, Wappinger County Legislator responded to Mrs. Mills' concerns and stated that now that the legal problems were settled concerning New Hackensack Road, the shoulders on that road would be addressed this year. The final report of the Master Plan is due in the Spring and Mrs. Paino as the liaison member of the Airport Advisory Committee would keep the residents informed of this matter as well as all other activities concerning the airport. As the legislator for that district she, too, would attend these meetings and would keep on top of these matters as she had been doing for the last two years. Mr. Versace noted that at their work shop meeting with Mx. Spratt, he indicated that the shoulders on New Hackensack Road4All Angels Hill Road would be done this year, and when Mrs. Roe inquired about Old Hopewell Road, he added that the shoulders on that road would also be done. Mrs. Schmalz was recognized by the Chair and noted that this was National Water Week, March 18th to March 24th, 1984. 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 10:01 P.M. Reg. Mtg. 3/19/84 Elaine H. Snowden Town Clerk ARTICLE I TITLE AND PURPOSE A. TITLE This Ordinance will be known as the "Town Of Wappinger Soil Erosion and Sediment Control Ordinance." B. PURPOSE Excessive quantities of soil are eroding within areas that are undergoing development for non-agricultural uses such as housing developments, industrial sites, roads, and recreation areas in the Town of Wappinger. This soil erosion makes necessary costly repairs to guliys, washed out fills, roads and embankments. The resulting sediment clogs storm sewers, muddies stre.ms and silts lakes. Sediment is expensive to remove and limits the use of water for most beneficial purposes. Sediment choked streams can result in flooding and associated damages, including the threat to public health and safety. ARTICLE II DEFINITIONS J The following definitions shall apply in the interpreta- tion and enforcement of this Ordinance, unless otherwise specifically stated: 1. CERTIFICATION: A signed, written statement by the Zoning Administrator that specific constructions, inspections or tests,where required have been per formed and that such comply with the applicable re- quirements of this article or regulations adopted. 2. EROSION: The wearing away of the land surface by • the action of wind, water or gravity. 3. EXCAVATION OR CUT: Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. 4. DEBRIS BASIN: A barrier or dam built across a waterway or at other suitable locations to retain rock, sand, gravel, or silt or other material. 5. DIVERSION: A channel with or without a support- ing ridge on the lower side constructed across or at the bottom of a slope. 6. ENBANKMENT OR FILL: A man-made deposit of soil, rock orother materials. 7. EXISTING GRADE: The vertical location of the ex- sisting ground surface prior to cutting or filling. 8, FINISHED GRADE: The final grade or elevation of the ground surface conforming to the proposed design. 9. GRADING: Any stripping, cutting, filling, stock- piling, or any combination thereof and shall include the land in its cut or filled condition. 10: GRADING PERMIT: A permit issued to authorize work to be performed under this Ordinance. 11. GRASSED WATERWAY: A natural orconstructed water- way, usually broad and shallow, covered with erosion - resistant grasses, used to conduct surface water from a field, diversion or other site feature. -2- 12. MULCHING: The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place, and aid in establish- ing plant cover. 13. NATURAL GROUND SURFACE: The ground surface in its original state before any grading, excavation or filling. 14. ONE HUNDRED YEAR FLOOD PLAIN: That area which would be inundated by storm runoff or flood water equivalent to that which would occur with a rainfall or flood of one hundred (100) year recurrence fre- quency. 15. PERMITTEE: Any person to whom a permit is issued in accordance with this ordinance. 16. PROFESSIONAL ENGINEER: An engineer duly regis- tered or otherwise authorized by the State of New York to practice in the field of civil engineering. 17. REGULATED GRADING: An:: grading performed with the approval of and in accordance with criteria established by the Zoning Administrator. 18. SEDIMENT: Solid material, both mineral and organic, that isin. suspension, is being transported, or has been moved from its site or orgin by air, water or gravity as a product of erosion. 19. SEDIMENT BASIN: See Debris Basin. 20. SEDIMENT POOL: The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.. -3- 21. SLOPE: degree of deviation of surface from the horizontal usually expressed in percent or degree. 22. SOIL: All unconsolidated mineral and organic material of whatever orgin that overlies bedrock which can be readily excavated. 23. SOIL ENGINEER: A professional engineer who is qualified by education and experience to practice applied soil mechanics and foundation engineering. 24. SITE: Any plot or parcel of land or combination of contiguous lots or parcels of land where grading is performed or permitted. 25. STRIPPING: Any activity which removes or sig- nificantly disturbs the vegetative surface cover including clearing and grubbing operations. 26. STRUCTURAL ROCK FILLS: Fills constructed pre- dominantly of rock materials for the purpose of supporting structures. 27. TEMPORARY PROTECTION: Stabilizations of erosive or sediment producing areas. 28. VEGETATIVE PROTECTION: Stabilization of erosive or sediment producing areas.by covering the soil with: a. Permanent seeding, producing long-term vegetative b. Short -Term seeding producing temporary vegetative cover, or c. Sodding, producing areas covered with a turf of perennial sod -forming grass. -4- 29. WATERCOURSE: Any natural or artificial water- course, stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed and banks, and shall include any area adjacent thereto subject to inundation by reason of overflow or flood water. ARTICLE III APPLICATION PROCEDURE A. INITIAL The developer is encouraged to consult the Town of Wapp- inger development plan regarding its effect upon the tract to be developed and the area surrounding it before he submits a preliminary plat for review. He should also become acquainted. with the zoning ordinance, standards and specifications, this ordinance, and other ordinances whit - regulate the development of land in the Town. B. COMPLIANCE No Fdte plan or plat shall be approved unless it includes soil erosion and sediment control measures in accordance with the standards and Practices of the Town of Wappinger. No approval for occupancy of anv building will be granted unless all needed erosion control measures have been com- pleted or substantially provided for in accordance with this ordinance and the standards and specifications of the Town of Wappinger. The developer or builder shall bear the final responsibility for the installation and construction of all required erosion control measures according to the provisions of this ordinance and to the standards and specifications of the Town of Wappinger. C. DATA REQUIRED The developer must submit the following information for the entire tract of land, whether or not the tract will be developed in stages: 1. A boundary line survey of the site on which the work is to be performed. 2. Description of the features, existing and proposed, surrounding the site of importance to the proposed develop- ment. 3. Description of general topographic and general soil conditions on the site (available from the Dutchess County Soil Conservation District). 4. Location and description of existing and future man-made features of importance to the proposed developement. 5. Plans and specifications of soil erosion and sedimentation control measures in accordance with standards and specifica- tions of the Town of Wappinger. 6. A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to the completion of effective erosion and sediment control measures. -6- D. PERMITS 1. REQUIREMENT: Except as exempted by Article V, no person shalldo any grading, stripping, cutting or filling without a valid grading permit issued by the Zoning Administrator . 2. APPLICATION: A separate application shall be re- quired for each grading permit. Plans; specifica- tions 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 or by an architect. The Zoning Administrator may waive the preparation or approval and signature by the professional engineer or archi- when the work entails no hazard to the adjacent property. ARTICLE IV PRINCIPLES AND STANDARDS A. IMPLEMENTATION Since considerable soil erosion can. take place during construction, development plans shall contain proposed erosion and sediment control measures. These measures shall be incorporated into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifica- tions established by the Town of Wappinger. The measure shall apply to all features of the 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 sedimentation during the various stages of development. -7- B. GENERAL DESIGN PRINCIPLES Practical combinations of the following general prin- ciples will provide effective sediment control when prop- erly planned and applied: 1. The development plan shall be fitted to the topog- raphy and soils so as to create the least erosion potential. 2. Grading of land within the one hundred (100) year flood plain of watercourses designated and delin- eated as being subject to flood hazard will not be permitted unless sufficient topographic and hydro- logic data is presented to the Zoning Administrator to indicate that such alteration will have no detri- mental influence on the flow characteristics of the stream. 3. Permanent vegetation and improvements such as streets, storm sewers or other features of the development, capable of carrying storm run-off in a safe manner, shall be scheduled for installation to the greatest extent possible before removing the vegetation cover from an area. 4. Wherever feasible,.natural vegetation shall be retained and protected. 5. Where inadequate vegetation exists, temporary or permanent vegetation shall be established. 6. The smallest practical area of land shall be ex- posed at any one time during development. -8- 7. When land is exposed during development, the exposure shall be kept to the shortest practical period of time. 8. Critical areas exposed during construction shall be protected with temporary vegetation and/Or mulching. 9. Sediment basins (debris basin, desilting basins, or silt traps) shall be installed and maintained to remove sediment from run-off waters from land undergoing de- velopment. 10. Provisions shall be made to effectively accomodate the increased run-off caused by changed soil and surface conditions during and after development. 11. The permanent final vegetation and structures shall be installed as soon as practical in the development. C. DEVELOPMENT STANDARDS All development, plus specifications and timing schedules, including extensions of previously approved plans, shall include provisions for erosion and sediment control in accordance with standards and specifications established by the Town of Wappinger. 1. Technical standards for the design and installation of erosion and sediment control measures are on file at the office of the Zoning Administrator. D. MAINTENANCE - Individuals or developers carrying out soil erosion and sediment control measures under this article, and all sub- sequent owners of property on which such measures have been installed, shall adequately maintain all permanent erosion control measures, devices and plantings in effective work- ing condition. ARTICLE V VARIANCES AND EXCEPTIONS The Town of Wappinger Planning Board shall have the authority to interpret this Ordinance and may in specific cases grant variances and exceptions to these requirements providing such variance or exception is in harmony with the general purpose and intent of the requirements. ARTICLE VI INSPECTION AND ENFORCEMENT A. INSPECTION The requirements of this article shall be enforced by the Zoning Administrator who shall inspect or require adequate inspection of the work. A fee schedule shall be provided by the Zoning Administrator and shall be paid by the applicant, which shall, if necessary, include engineers fees. If the Zoning Adminstrator finds any existing conditions not as stated in any application, grading permit, or approved plan, he may refuse to approve further work. B. VIOLATIONS Whenever, by the provisions of this Ordinance, the performance of any act is required, or the performance of any act is prohibited, a failure to comply with such provisions shall constitute a violation of this ordinance. C. CORRECTION All violations shall be corrected within thirty (30) days following date of issuance of written notice to correct. D. PENALTIES Any 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 -10- of the Zoning Administrator, shall be fined on conviction not less than five (5) dollars nor more than one hundred (100) dollars, together with the cost of prosecution. To promote compliance with the provisions of this Ordinance, each day that a violation maintains 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. ARTICLE VII SEVERANCE PROVISIONS All parts of this Ordinance shall be deemed severable. Should any section, paragraph, or provision be declared invalid or unconstitutional by the courts, such holdings shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared. The Town Board hereby declares that it would have enacted this ordinance and each part thereof irrespective of the fact that any one or more parts, section, subsection, phrase, sentence or clauses be declared invalid. This ordinance shall take effect immediately upon adoption by the Town Board of the Town of Wappinger, and shall be applicable to all pending applications, subdivisions and site plans. -11-