1982-02-08 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
FEBRUARY 8, 1982
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. Jan. 11, '82 ReOrganizational Jan. 4,'82
4. REPORTS OF OFFICERS:
es Bldg/zoning Rec. Taxes Hydrant �..: ...I:
Grinnell Library Annual Report 3ocisteaufecor Antoci Zrer
5. PETITIONS & COMMUNICATIONS
A. E. Hawksley, Ch. Cons. Adv. Council, re: "On Site Energy Service"
B. Town served with 2 Article 78's - DWS Holdings, Inc. & WVC Realty
Corp. - to review Assessments for WSI Area.
C. Request from Recreation Comm. to attend NYS Recreation & Parks
Conference, April 18-21, at Monticello
D. Gary Schmitt re: Sewer Back-up
E. Lucille Pattison, Co. Ex. re: Appointment of liaison person for
Dutchess Co. Tercentenary Committee
F. Legal notice from T/W Zoning Bd. of Appeals re: P.H. for Grossman
Variance - also Noft e. -PH T/L l ac1�4 -- T/ )14a4Lha1
G. NYS Dept. Transportation: Notice of 3 Area and/or Linear Speed
limits approved
H. Resignation of G. McCluskey from Board of Assessment Review
I. Vacancy on Zoning Board of .Appeals - Term of Don McMillen expired
2/1/82
J. Trojan Homes - Warren Jaeger, Pres., requests return of $80.00
Road Opening Cash. Bond
k. Memo from H. Cuatt, Compt., re: establishing selling price of
"Code Books"
L. Planning Bd. Correspondence re: installation of "Stop" signs for
streets off Spook Hill Road.
M. Zoning Bd. of Appeals correspondence re: Private Raod to serve
Commercial sites - with correspondence from Attorney to Town on
Zoning Ordinance Revisions.
N. Zoning Ordinance Change on Special Use Permits recommended by
Planning Board.
O. N.Y. Conference United Church of Christ Rezoning request in
conjunction with Dr. Heaney's request for OR -1A on parcel at
corner of Myers Corners Rd. & All Angels Hill Rd.
P. Revised Highway Specifications recommendations
6. COMMITTEE REPORTS
Milts & Versace (1) Primary Tank at Oakwood (2)Mills- Report on D. Co.
Resource Recovery Project
(3) McCluskey & Versace -"Right on Red" turns
7. RESOLUTIONS
a. Gyomai Rezoning
--b: - Cornell.- & Drake Rezoning
c. Conservation Park District
�3 .
d. Introduce Local Law re: Tall Trees Special Water Charge, and set
Public Hearing
e. Set Special meeting for Feb. 22nd to approve Highway Bids, etc.
f. Lease and Agreement for Impoundment of Dogs
g. Vacancy on Planning Board
h. Appointment of Full Time Dog Control Officer
i. Proposed condemnation of property off Rte 9D by NYSDoT
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UNFINISHED BUSINESS �• L.iu_' - 6!-C`<' �•7 ' L_ Jia •u_t !.l! % ' i.,�.
The Regular Meeting of the Town Board of the Town of Wappinger
was held on February 8, 1982, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
All stood for the Pledge of Allegiance to the Flag.
MR. DIEHL moved that the Town Board table action on Item 7b
of the Agenda on Cornell & Drake Rezoning.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Minutes of the Regular Meeting of January 11, 1982 and the
Reorganizational Meeting of January 4, 1982, having previously
been sent to the Town Board, were now placed before them for
their consideration.
MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of
January 11, 1982 and the Reorganizational Meeting of January 4,
1982, be and they are hereby approved, as submitted by the Town
Clerk.
Seconded by Mrs. Mills
Motion Unanimously Carried
Reports for the month of January were received from the
Building Inspector/Zoning Administrator and the Receiver of
Taxes, Grinnell Library Annual Report and Judge Bulger's Annual
Report.
MR. JOHNSON moved to accept the reports and place them on file.
Seconded by Mr. Diehl
Motion Unanimously Carried
Mr. Edward Hawksley, Chairman of the Conservation Advisory
Council, was present to speak on "On Site Energy Service" and
informed the Board that they had a communication from the
State Energy Office advising them of a service available to
municipalities.whereby an energy audit would be conducted by
this agency of municipal buildings with no charge to the town.
The monies would come from a New York State Grant and the
audit would be conducted by students from various colleges
throughout the State. All the municipality was asked to do
was to provide a person to conduct them through the buildings
and supply them with data on fuel consumption.
MR. JOHNSON moved to authorize the Conservation Advisory Council
to make arrangements to conduct an energy audit for the Town
and report their recommendations to the Town Board.
Seconded by Mrs. Mills
Motion Unanimously Carried
Two Article 78s were served on the Town Clerk from DWS Holdings,
Inc. and WVC Realty Corp. pertaining to the Benefit Assessments
for Wappinger Sewer Improvement Area.
MR. JOHNSON moved that the firm of Corbally, Gartland and
Rappleyea be appointed to answer and defend the two Article
78's on behalf of the Town of Wappinger.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A request was received from the Recreation Commission to attend
the Annual Conference of New York Sate Recreation and Park
Society at Monticello, New York, from April 18th through the
21st, 1982.
MR. JOHNSON moved that permission be granted to the Recreation
Commission to attend the Conference from April 18th through
the 21st, 1982, subject to the Town policy, and their normal
expenses :would be a Town charge.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Page Two
Agenda - Feb. 8, 1982
8. a. St. Cabrini home
b. Peddlers License application (Joan Makely)
9. NEW BUSINESS
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10. ADJOURNMENT
The following letter was received:
17 Dorett Drive
Wappingers Falls, NY 12590
January 14, 1982
Town of Wappingers Board
c/o Elaine Snowden
P.O. Box 324
Wappingers Falls, N.Y. 12590
Gentlemen:
This will inform you that on January 4, 1982, there was a
sewer backup in the Royal Ridge Development and it over-
flowed in our house. We called Camo Polution at approxi-
mately 6:15 P.M. when the problem was discovered. They came
to the sewer plant and started the pumps and left. The problem
got worse - the sewer started to flow into our house. There
was a"blockage in the lines and this was not checked by Camo
so just fixing the pumps was not enough this time.
We called Nick Johnson who was not at home. We called the
New Hackensack Fire Department to try and obtain a pump.
We also called Mr. Diehl who was not home but whose wife
said she would send help. The Camo people came back, checked
the lines and removed the blockage, but the damage was already
done in our home.
We are requesting that the town act on getting this problem
solved as soon as possible so that it does not occur in the
future.
Sincerely,
s/ Gary and Dorothy Schmitt
Mrs. Milts reported that this problem had been discussed at
last months' meeting and the Board had authorized Camo Pollution
to install a light and horn alarm system which would alert the
residents of a problem. Mr. Versace questioned Mr. Lapar on a
solution to this problem and discussion followed on the subject.
MR. VERSACE moved that Mr. Lapar investigate this matter and
report any alternatives he could recommend to solve the Schmitt
problem.
Seconded by Mrs. Mills
Motion Unanimously Carried
MRS. MILLS moved to receive the communication and place it on
file.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mrs. Lucille Pattison, Dutchess County Executive, wrote to
Supervisor Diehl regarding the 300th birthday of Dutchess County
and the celebration they were planning. An advisory committee
had been formed and Mrs. Pattison was looking for a liaison
person from the Town of Wappinger to work with this committee
and play an active role in the planning and coordinating of
this event.
MR. JOHNSON moved that the Town Historian, Constance Smith, be
appointed as the liaison person from the Town of Wappinger to
work with the Tercentary Advisory Committee of Dutchess County,
and Mrs. Smith be so notified.
Seconded by Mrs. Mills
Motion Unanimously Carried
Notices of Public Hearing were received from the Town of
Wappinger Zoning Board of Appeals, Town of Lloyd Town Board
and the Town of Fishkill Town Board, advising our Town Board
of times, places and subjects of the public hearings and
inviting all interested persons to attend.
MR. JOHNSON moved to receive the Notices of Public Hearings
and place them on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following Notices Of Orders for reduced speed limits were
received from the New York State Department of Transportation:
30 MPH within the Ardmore Hill and Cedar Hill -Pine Ridge Area
35 MPH Ketchamtown Road between Osborne Hill Road and Route 9D
45 MPH Chelsea Road from Route 9D westerly to Market Street
45 MPH on North and South River Road from Wappingers Recrea-
tional Site to Old State Road
45 MPH Old State Road from Route 9D to North River Road to
Route 9D.
MRS. MILLS moved that these Notices be referred to the Highway
Superintendent for installation of signs noting these speed
limits, as soon as possible.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Poloncic, Hilltop Drive, being recognized by the Chair
asked the Board about petitioning for a uniform speed limit
on Myers Corners Road; Mr. McCluskey said he would like to
address that subject and reported on a meeting with the County,
as Chairman of the Health and Safety Committee and found them
to be uncooperative in respect t� reducing speed limits; he
felt the Town was being controlled by the County, so even
though they were trying to work on reducing the speed limits,
their efforts were hampered.
MR. DIEHL moved to request the Dutchess County Department of
Public Works and the New York State Department of Transportation
to review the Myers Corners Road speed limit, in view of the
fact of new construction, and the Town recommends a uniform
speed limit of 40 MPH from Route 9 to Route 376.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. MCCLUSKEY moved to request the Dutchess County Department of
Public Works and the New York State Department of Transportation
to review the New Hackensack Road speed limit and recommend a
uniform speed limit of 40 MPH from Route 9 to All Angels Hill
Road.
Seconded by Mrs. Mills
Motion Unanimously Carried
A resignation was received from Gerard McCluskey as a member
of the Board of Assessment Review.
MR. JOHNSON moved that Mr. McCluskey's resignation be received
and accepted with the Town's thanks for his services.
Seconded by Mrs. Mills
Roll Call Vote: 4 Ayes Mr. McCluskey ---Abstain
A vacancy existed on the Zoning Board of Appeals and the
matter was now placed before the Board for their consideration.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
RESOLVED, that Angel Cabellero, be and he is hereby
appointed to fill the vacancy on the Zoning Board of Appeals
of the Town of Wappinger, and it is further
RESOLVED, that the said Angel Cabellero is hereby
appointed to the said Zoning Board of Appeals for a term
which shall expire February 1st, 1987.
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Mr. Johnson had commented before he made the motion, that a
letter and resume had been received from Mr. Cabelleio and
Mr. Versace informed the Board that although he had received
a letter from another interested person, he had not received
Mr. Cabellero's communication.
Mr. Johnson went back to the vacancy that now existed on the
Board of Assessment Review and noted that a letter had been
received from Joseph Bracone expressing interest in becoming
a member of this Board.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
RESOLVED, that Joseph Bracone, be and he is hereby
appointed to fill the vacancy on the Board of Assessment
Review of the Town of Wappinger which has occurred by reasons
of the resignation of Gerard McCluskey, and it is further
RESOLVED, that the Said Joseph Bracone is hereby
appointed to the said Board of Assessment Review for the
remainder of Mr. McCluskey's term which shall expire
September 30, 1984.
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
A request was received from Mr. Warren Jaeger, President of
Trojan Homes, for the return of a cash bond which had been
posted with the Town for a street opening on Dennis Road, in
the amount of $80.00. This request had been forwarded to the
Highway Superintendent who recommended its approval.
MR. JOHNSON moved to approve the return of the $80.00 cash
bond posted by Trojan Homes, as recommended by the Highway
Superintendent.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Cuatt, Comptroller wrote to the Board concerning the
establishment of the selling price of the Town Code Book and
recommended $25.00 per book.
MR. JOHNSON moved to set the price of $25.00 each as the selling
price for the Town Code Book, as recommended by the Comptroller.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter from the Planning Board regarding Stop Signs at
new Subdivision roads along Spook Hill Roads was a duplication
of a request made at a previous meeting by Richard Tallman,
a resident of that area. His request had been referred to the
Highway Superintendent for recommendation, but at this time no
response had been received from him. Mr. McCluskey felt that
a local law governing the installation of speed devices by the
Town should be considered and the Attorney concurred with him.
MR. VERSACE moved that this matter be referred to the Highway
Superintendent for a response to Mr. Tallman's request and
further moved that he should seek a legal opinion on the
matter of a local law governing these installations.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Zoning Board of Appeals wrote to the Town Board concerning
development of commercial properties on private roads, and
correspondence had been received from the Attorney to the Town
on Zoning Ordinance Revisions.
Mr. Johnson noted that these were being reviewed by the
Ordinance Committee but at this time, they have not completed
their review.
MR. MCCLUSKEY moved to refer the matter to the Ordinance
Committee for review an* recommendation..
Seconded by Mr. Diehl
Motion Unanimously Carried
A second letter from the Planning Board recommended an amend-
ment to the Zoning Ordinance which would give authority to the
Planning Board rather than the Zoning Board of Appeals to act
on Special Use Permit.
Mr. Johnson reported that this had been discussed by the
Ordinance Committee and had also contacted the Chairman of
the Zoning Board of Appeals to determine if they had a problem
with this procedure and it was the opinion of this Committee
that the procedure they are now following should continue.
MR. JOHNSON moved to advise the Planning Board that the pro-
cedure presently constituted for Special Use Permits will remain.
Seconded by Mr. McCluskey
Roll Call Vote: 4 Ayes Mrs. Mills ---Nay
Mrs. Mills felt there was nothing wrong in making it easier
for applicants who apply for Special Use Permits; as it was
now, it was a duplication of effort, since the Zoning Board
of Appeals turned it over to the Planning Board for their
recommendation before they took any action; they usually
agree to the Permit and then it goes back to the Zoning Board
for signature, so why not give the Planning Board the authority
and it would remain with one Board.
At the last meeting a rezoning request was received from
Dr. Heaney for property at the corner of Myers Corners Road
and All Angels Road owned by the New York Conference United
Church of Christ. The Board then requested that the owner of
the property write to the Board asking for this rezoning and
a letter dated January 19, 1982 from Donald Rives, Business
Manager of the Church concurring with Dr. Heaney's request
was received.
Mrs. Mills moved to refer the matter to the Ordinance Committee.
Mr. Versace felt that the owner should submit a map and plans
to the full Board at a work shop session and then it could be
reviewed and Mr. Diehl said he had arranged for them to be
present at the nextTownBoard work shop session.
Mrs. Mills withdrew her motion.
The Attorney to the Town had forwarded revised Highway
Specifications recommendations to the Town Board for their
consideration. Mr. Johnson pointed out that the Highway
Committee had not completed their review and asked the Town
Clerk to table this matter until the next meeting.
Under Committee Reports, Mrs. Milts on Landfill Committee reported
that although official approval had not been received from the
government for the use of Castle Point as a landfill site this
year, they still had approval from last year through the month
of May and she felt they should continue with the project they
had planned for the use of the site by the residents on the first
Saturday of April and May. This would include the dumping of all
items with the exception of metal which the residents could dispose
of at the Highway Department on the same Saturday and an ad should
be put in the paper informing the residents of this service that
would be made available to them. When and if approval was received
from the government, this service would continue through October
as originally planned.
Mrs. Mills then went on to the Water and Sewer Committee Report -
they were not ready to take action on the primary tank at this
time since they were waiting for a final report from Mr. Lapar
which would include information on the update of the plants
to meet required specifications of the Health Department; they
had not received direction from Jack Hill of the Dutchess County
Health Department in this matter. Mrs. Mills also mentioned that
the Committee (she and Mr. Versace) met with Camo Pollution and
discussed the water and sewer plants.
As Chairman of the Landfill Committee, Mrs. Mills submited the
following report:
I attended a meeting on January 19th, 1982 at 7:30 P.M.
called by County Executive Lucille Pattison, relative to the
Dutchess County Resource Recovery Project. This meeting was
held in the Legislative Chambers of the Dutchess County Office
Building.
Commissioner of Solid Waste Management, Robert Vrana,
introduced John Ross, Project Consultant from the consulting
firm of H.D.R. who gave the presentation.
if the County were to operate just a landfill we would
have problems with leachate and as we well know we are still
seeing the results of the landfill at the airport and are still
expending money there also.
Why Resource Recovery and what is it? To Recover Wastes
and process waste in a most sound and economical manner. The
proposal offered is mass burning; in mass burning no sorting
is necessary; a truck pulls in, dumps,it gets burned. The
residue thats left can be sorted for ferous metals etc. and
sold and the rest taken to a landfill.
There are a few of these plants in operation in the U.S.
and in Europe it has been in use for years. A new plant is
being built in St. Petersburg, Florida and should be in operation
by 1983. It's not a new plant and results have been seen.
It's a proven system and is feasible in Dutchess County.
The County generates 500 tons of garbage a day. To operate
the County needs a commitment from the core area that they
are for such a proposal.
This plant will cost about $35 million dollars; the
plant will generate steam and electricity which will be sold.
Before selling bonds to finance the project there will be an
Impact Statement done and prices for design, construction
and operation of the plant gotten before a contract is issued.
Also a commitment from a buyer of the steam and electricity.
The cost of the project is about $32 million, less 132
million from a government grant leaving 19 million needed
from revenue bonds, but after financing charges are'tacked
on the project is back toias I said beforee$35 million.
It will cost $7 million to operate the plant, 5 million
from selling steam and electricity, 2 million needed to raise
for dumping. This comes to a charge of $16.00 per ton which
is the current charge to carters to dump at landfill areas.
The reason for the chosen location in the Town of Pough-
keepsie is the proximity to the core area; for economic reasons
the plant should be close to the core area. Good roads are
there also. The plant would be screened completely from
residential area. Perhaps only the top of smoke stack may
be visible. The important factor is to have the amounts
daily of waste as committed to.
The life of the plant with good maintenance could be
40-50 years.
The resolution from all interested towns should be back
to the County by the middle of April.
The control options to towns are:
1. Municipal Collection
2. Municipal Contracts
3. License the haulers
4. Franchise with one hauler
Sludge burning system is not in the plan now. Provisions
can be made to design the plant a bit larger so at a later date
disposal of sludge can be added.
Tire shredded can be added with original plant. Get a
lot of heat from tires; also needed will be a 20 acre landfill
site.
There will be an agency established with perhaps 5 local
people from the core area to act as a Board of Directors. This
agency will be in charge of getting everything going even the
bonding. This agency will be joined by the County Executive
with approval by the County Legislators.
If we need more information the Commissioner of Solid
Waste will arrange to meet with our Board if we desire.
Mr. Incoronato was recognized by the Chair and asked if it
was definite that the Town of Poughkeepsie had agreed to the
assignment of the incinerator ---was it an "iron clad" agreement,
and secondly what happens to the residue that doesn't burn.
He would like to have the Commissioner of Solid Waste come to
a meeting and answer some of the questions they had.
Mrs. Mills said if the Board so desired, she could make
arrangements to have the consultant come down to Wappinger
and give the same presentation he gave at the County.
Mr. Hirkala was then recognized by the Chair and said he
would like to hear about this project first hand and would
want more information on the agency, how it would operate and
what public protection would there be; he also wanted to know
what the comparison costs are per ton now and what type of
control the Board would have locally.
MR. DIEHL moved to authorize Mrs. Mills to arrange a public
informational meeting with County Representatives on the
Resource Recovery Project at the Wappinger Junior High School
and advertise the meeting in the official newspaper of the
Town, and this should take place within thirty days.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Johnson reported that the Ordinance Committee had met and
are working on the recommendations contained in Mr. Adams'
letter of January 6, 1982, and by the next meeting they will
have a plan for a policy to handle rezoning requests.
As a member of the Tri -Municipal Committee, he reported that
he had attended the Reorganizational Meeting in January as
they are working on the portion of the project which involves
the Town which is Step I. He noted that the reception from
the representatives of the Towns still participating in the
project was cool, and he was hopeful that the portion we are
involved in, Step I, would soon be completed and the Town of
Wappinger will then be out of the project.
Mr. McCluskey, Chairman of the Health and Safety Committee,
reported that they had investigated the matter of no right
turns on red at the three intersections of Town maintained
traffic signals. He had visited these areas at Myers Corners
Road and All Angels Hill Road, Old Hopewell Road and All Angels
Hill Road and Middlebush Road and Old Route 9, and had reviewed
them with the new Supervisor of Transportation for the Wappinger
School District since there were three major schools to consider
and also our Highway Superintendent and the opinion of this
Committee was that no change should be made at this time, the
no right turn on red should remain. If the signs were changed
at one corner of two of the intersections which had previously
been recommended, there was a possibility that the Town could
be involved in a law suit since they have been posted for a
considerable length of time and the drivers are familiar with
them. Mr. Versace, the other member of this Committee, concurred
with this recommendation.
Mr. Versace had reviewed a previous request for a stop sign at
Montfort Road and Gold Road and recommended they be installed
but had received no response from the Highway Superintendent;
he requested that a letter be
for his input in this matter.
recommendation but noted that
governing the installation of
previously discussed.
compliment the Highway
had done on a previous
directed to Mr. Croshier asking
Mr. McCluskey agreed with this
this would come under a local law
speed devices by the Town he had
He then added that he would like to
Department for the outstanding job they
snowstorm but could not praise the State
or County for their job on the roads maintained by them.
Mr. Johnson interjected that some of the public think that all
roads in the Town of Wappinger are maintained by the Town and
he wanted to straighten out that fact ----there are County and
State roads that are maintained by those agencies, the Town just
takes care of their own and he too, felt that the Highway people
did an excellent job.
A t the last meeting, Mr. Versace had requested that letter be
directed to Central Hudson regarding moving four street lights
at the intersections of Town roads and Route 376 due to the
realignment of that road. He had contacted Central Hudson in
this matter and it was agreed by him
DeGarmo Hills intersection and Myers
were satisfactory, but the other two
that the lights at the
Corners Road intersection
at Joel Place and Diddell
Road should be moved. He was told by the representative from
Central Hudson that permission to do this had to be received from
the New York State Department of Transportation.
MR. VERSACE moved that the Town Clerk contact the New York State
Department of Transportation requesting permission for Central
3
Hudson to move the poles for the street lights so that proper
lighting would be provided at the intersections of Joel Place
and Route 376 and Diddell Road and Route 376.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Public Hearing having been held on a request for a rezoning
by Alberto Gyomai on property owned by Lyndon Hickman, All
Angels Hill Road on February 3, 1982, by the Town Board,
the matter was now placed before them for their consideration.
The following Ordinance was introduced by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED and ordained by the Town Board of the
Town of Wappinger, Ihutchess County, New York, in pursuance
to the authority conferred by the laws of the State of New
York, as follows:
Section I. The Town of Wappinger Zoning Map adopted
March 10, 1980, as amended from time to time, is hereby
further amended by rezoning the following described parcel
of land from R-20" (Residential Zone) to NB (Neighborhood
Business), said tract of land being on the West side of All
Angels Hill Road, and more particularly described as follows:
Tax Maps ## 19-6357-03-190015 - Lyndon C. Hickman
# 19-6357-03-185004
Deeds Recorded @ Liber 1232 Pg. 298
Liber 1305 Pg. 769
Bounded on the North by Park Hill Drive: East by All
Angels Hill Road: West by Forty -Sixty -Five Club: South
by Texland Properties Corporation and John and Susan
Nardelli
Section II. This amendment shall become effective upon
adoption, posting and publication, as prescribed by Town Law.
Seconded by: Councilman McCluskey
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilman McCluskey Aye
Councilwoman Mills Nay
Councilman Versace Aye
Resolution Duly Adopted
A Public Hearing having been held on January 6th, 1982 by
the Town Board of the Town of Wappinger in the matter of the
Establishment of a Conservation Park District in the Fieldstone
Subdivision, the matter was now placed before them for their
consideration.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
IN THE MATTER OF THE ESTABLISHMENT OF FIELDSTONE
CONSERVATION PARK DISTRICT IN THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12
OF THE TOWN LAW.
WHEREAS, a petition dated September 11, 1981 has been
duly presented to the Town Board of the Town of Wappinger, with
the necessary map and plan attached thereto according to law,
requesting that a Conservation Park District, as hereinafter
described, be established in the Town of Wappinger, and
WHEREAS, James A. Klein has petitioned the Town Board
of the Town of Wappinger, as a condition of subdivision
approval for Fieldstone Farms, for the creation of a Conserva-
tion Park District, and
WHEREAS, said Town Board duly adopted on December 14,
1981, a resolution reciting in general terms the filing of
said petition, the Boundaries of said District, that no
Improvements are proposed to be made, and no Public Funds
will be expended, and specifying that said Town Board shall
meet at the Town Hall, Mill Street, in the Village of Wappingers
Falls, New York on the 6th day of January, 1982 at 6:45 P.M.
to consider said petition and hear all persons interested in
the subject thereof, concerning the same, and
WHEREAS, copies of said resolution were duly published
and posted according to law, and said Town Board did, at the
time and place specified in said resolution, duly meet and
consider the matter of the establishment of said Conservation
Park District, and hear all persons interested in the subject
thereof, and
WHEREAS, the evidence offered at such time and place
requires that the Town Board make the determinations herein-
after made; it is
NOW, THEREFORE, RESOLVED, by the Town Board of the Town
of Wappinger, in the County of Dutchess, New York, that it be
and hereby is determined as follows:
1. T he aforesaid petition is signed and acknowledged
as provided by law and is otherwise sufficient.
2. That all of the property and property owners within
the proposed Conservation Park District are benefitted
thereby.
3. That all of the property and property owners benefitted
are included within the proposed Conservation Park
District.
4. That it is in the public interest to establish the
proposed Conservation Park District as hereinafter
described.
and be it
FURTHER RESOLVED, that the Town Board does hereby approve
the establishment of a Conservation Park District as hereinafter
described, to be known as the "Fieldstone Conservation Park
District", and shall be bounded and described as follows:
All that tract of land in the Town of Wappinger Bounded
and described in Schedule "A", attached hereto and made
part hereof.
and be it
/5'
FURTHER RESOLVED, that no funds be expended for improve-
ments, said District to remain in its natural state, and be
it
FURTHER RESOLVED, that the applicant James A. Klein,
as owner of all lands within the District assume any costs
associated with the formation of said District, and be it
FURTHER RESOLVED and determined that this resolution
shall take effect upon the adoption of final subdivision
approval by the Town of Wappinger Planning Board and
execution of the Plat by signature of the Planning Board
Chairman, and as provided by Town Law.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
The following proposed Local Law was introduced by SUPERVISOR
DIEHL:
LOCAL LAW NO. OF THE YEAR 1982
AMENDING LOCAL LAW NO. 9 OF THE YEAR
1980, RELATING TO THE IMPOSITION CHARGE
AND COLLECTION OF WATER RATES FOR THE
CONSUMPTION AND USE OF WATER FOR THE
TALL TREES WATER DISTRICT AS WELL AS
THE PENALTIES AND ENFORCEMENT THEREOF
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York as follows:
Section 1. Section I of Local Law No. 9 of the Year
1980 is amended by deleting its provision of and by substi-
tuting the following provisions their place:
A. The owner of any residence served by the Tall Trees
Water.District shall be obligated to pay the minimum charge
of Forty -Six and 04/100 Dollars per each quarter for consumption
of water regardless of the consumption of water for said quarter,
provided said owner is connected to the system at any time during
the quarter.
B. All water rates are payable quarterly ending on the
last day of the months of January, April, July and October
and the minimum rate shall be payable even though no water is
consumed, so long as the service shall be considered as connected
with the district main unless shut off by authority of the
district at the curb box or otherwise at the request of the
owner. The rate shall be payable even though the water has
been shut off when such discontinuance has been made by
someone not authorized by the district.
C. In addition to any rates heretofore set forth,
there shall be an annual special water charge of $68.32, for
a period of five (5) years due only on March 1st of the years
1982, 1983, 1984, 1985, 1986, and payable within sixty days
thereafter, said special charge to be separately billed by
the district. Said charge shall be payable by each owner who
is connected to the system at any time during the last quarter
preceding March 1st of the billing year.
D. Such water rates shallbe subject to the penalties
hereinafter provided.
Section II. This local law shall take effect immediately
upon adoption and as prescribed by Municipal Home Rule Law.
The following resolution was offered by SUPERVISOR DIEHL
who moved its adoption:
WHEREAS, there has been duly presented and introduced
at a meeting of this Town Board on the 8th day of February,
1982, a proposed Local Law Relating to the Imposition,
Charge and Collection of Water Rates for the Consumption and
use of Water for the Tall Trees Water District as well as
the Penalties and Enforcement Thereof, and
WHEREAS, the provisions of the Municipal Home Rule
Law requires that no local law shall be passed by the Legisla-
tive 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 22nd day of February, 1982 at 6:30 P.M. EST 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 Johnson
Roll Call Vote: 5 Ayes 0 Nays
Since the Highway Superintendent had been authorized to
advertise for bids on highway materials, fuel oil and gasoline,
and the bids were to be opened on February 10th, 1982, a special
meeting was necessary for awarding these bids.
SUPERVISOR DIEHL moved to set a Special Meeting for February
22nd, 1982 at 6:45 P.M. to award Highway Bids and other business
that may come before the Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Snowden and Dr. Hannigan had been working on a lease
and agreement for the Dog Shelter and had submitted these
documents to the Board which were acceptable to both of them.
This was placed in front of the Board for their consideration.
Mr. Johnson noted that the present Local Law for Dog Control,
Local Law ##3 of 1980 set the redemption fee for impounded dogs
at $10.00 for violation of the law and $4.00 per day for board-
ing the dog, however, Dr. Hannigan's fee is now $6.00 per day,
and Mr. Johnson recommended an amendment to the present law.
11.
LDeed description
Description of a certain parcel of land situate in the Town
of Wappinger, County of Dutchess and the State of New York.
Beginning at a point on the Southeasterly line of Spook Hill
lioad, said point being the intersection of the Southeasterly line of said
Spook Hill Road with the Northerly line of Parcel B as shown'on a certain
map entitled JOSEPH E. LUDEWIG and ANNE L. COSSE and filed in the.Dutchess
County Clerk's Office as map no. 5755 and running thence along the South-
easterly line of said Spook Hill Road, the following: North 22-12-10
,East 60.94 feet to a point; thence North 15-31-30 East 186.81 feet to a
1point thence North 4-45-50 East 82.92 feet to a point; thence Leaving
JJ said line and running over and through lands of James Klein, the
grantor herein, the following: on a curve convex to the Northwest
having a -radius of 77.837 feet and a length Northeasterly 70.96 feet
to,a point; thence North 57-00-00 East 106.42 feet to a point; thence
on a curve convex to the North having a radius of 200.00 feet and a
length Easterly 82.90 feet to a point; thence North 80-45-00 East
115.00 feet to a point; thence South- 5-44-45 East 125.00 feet to a
• point; thence North 77-29-28 East 70.00 feet to a point; thence
LNorth 61 -41 -53 -East 70.00 feet to a point; thence North 57-00-00 East
291.90 feet to a point; thence South 67-00-00 East 101.45 feet to a
point; thence South 79 -45 -36 -East 136.00 feet to a point; thenceNorth
78-49-36 East 125.00 feet to a point; thence North 19-50-06 West
135.00 feet to a point; thence on a curve convex to the Southeast
having a radius of 280.00 feet and a length Northeasterly 111.58 feet
to a point; thence North 47-20-00 East 199.915 feet to a point; thence
South 57-20-40 East 128.74 feet to a point; thence North 73-30-00
East 78.80 feet to a_point; thence North 59-00-00 East 152.58 feet to
a point; thence North 30-00-00 East 152.58 feet to a point; thence
North 1-00-00 East 152.58 feet to a point; thence South 76-30-00 West
129.71 feet to a point; thence on a curve convex to the Northeast
having a radiu of 175.00 feet and a length Northwesterly 43.45 feet
to a point; thence North 59-00-00 East 131.17 feet to a point; thence
North 31-00-00 West 100.00 feet to a point; thence North 47-00-00
West 154.84 feet to a point; thence North 79-00-00 West 154.84 feet
to a point; thence South 69-00-00 West 154.84 feet to a point; thence
South 39-00-00 West 198.85 feet to a point; thence South 73-00-00
-West 100.00 feet to a point; thence South 7-34-00 East 117.48 feet
to a point; thence on a curve convex to the South having a radius of
250.00 feet and a length Westerly 162.72 feet to a point; thence North
45-51-50 East 114.02 feet to a point; thence North 38-00-00 West
90.00 feet to a point; thence South 58-08-10 West 115.93 feet to a
point; thence North 31-51-50 West 36.42 feet to a point on the South-
easterly line of lands of now or formerly Lake Oniad Realty Co., Liber
tWO1464 page 245; thence along the Southeasterly line of lands of now or
formerly said Lake Onial Realty Co., along the remains of a stone
wall, the following: North 58-08-10 East 18.44 feet to a point; thnece
SCcLUiQ
E
North_ 57-07-10 East 363.77 feet to a point; thence North 56-34-50
last 219.16 feet to a point; thence North 52-49-20 East 285.72 feet
to a point; thence North 51-20-00 East 277.47 feet to a point; thence
North 53-34-10 East 180.55 feet to a point; thence North 52-12-50
East 208.38 feet to a point; thence leaving said line and running
along the Westerly line of lands of now or formerly Tyler, along
the Westerly line of lands of now or formerly Routh, along the
Westerly line of lands of now or formerly Sherow, along the West-
erly line of lands of now or formerly West, along the Westerly line
of lands of now or formerly McWilliams, along the Westerly line of
lands of now or formerly Chiarenzell, along the Westerly line of lands
of now or formerly Burhans, along the Westerly line of lands of now
or formerly Schiesel and along the Westerly line of lands of now or
formerly I.F.C. Collateral Copr., Liber 1484 page 180, along the
remains of a stone wall and wire fence, the following: South 17-52-40
East 1167.82 feet to a point; thence South 19-44-57 East 184.32 feet
to a point; thence South 16-57-33 East 200.05 feet to a point; thence
South 19-59-54 East 354.88 feet to a point; thence leaving said line
and running along the Northwesterly line of lands of now or formerly
aforesaid I.F.C. Collateral Corp., along the remains of a stone wall
and wire fence, the following: South 61-29-25 West 760.47 feet'to a
point; thence South 63-48-12 West 205.93 feet to a point; thence '
South 63-12-32 West 991.21 feet to a point; thence South 64-14-26
West 69.13 feet to a point; thence North 79-33-00 West 29.98 feet
to a point; thence North 78-49-30 West 252.89 feetto a point; thence
North 79-04-50 West ;14.61 feet to a point; thence leaving said line
and running along Parcel C and along Parcel B as shown on aforesaid
map no. 5755, the following: North 15-13-10 East 324.51 feet to a
point; thence South 84-43-20 East 410.04 feet to a point; thence
North 19-13-00 East 627.49 feet to a point; thence North 67-00-00
West 310.00 feet to a point; thence South 55-00-00 West 940.00 feet
to the point of beginning containing 61.612 acres of land be the same
more or less.
PARCEL 2 (6.512 acres)
Beginning at a point on the Easterly line of Spook Hill
Road, said point being the intersection of the Easterly line of said
Spook Hill Road with the Southerly line of lands of now or formerly
Frisina and running thence along lands of now or formerly said
Frisina, the following: North 57-02-50 East 210.00 feet to a point;
thence North 7-37-10 West 210.00 feet to a point on the Southeast-
erly line of lands of Lake Oniad Realty Corp.,Liber 1464 page 245;
thence leaving said line and running along the Southeasterly line of
lands of now or formerly said Lake Oniad Realty Corp., along the re-
mains of a stone wall, the following: North 57-13-20 East 157.00 feet
to a point; thence North 56-24-20 East 196.92 feet to a point; thence
North 58-08-10 East 336.20 feet to a point; thence leaving said line
and running _over �and through lands of James Klein, the following:
South 31-51-50 East 67.27 feet to a point; thence on a curve convex to
the Southwest having a radius of 320.00 feet and a length Southeasterly
'7.74 feet to a point; thene South 56-45-00 West 124.42 feet to a point;
thence South 41-20-00 East 124.98 feet to a point; thence South 57-30-00
East 124.98 feet to a. point; thence South 73-40-00 East 124.98 feet to a
point; thence South 89-50-00 East 124.98 feet to a point; thence North
74-00-00 East 115.18 feet to a point; thence South 74-09-36 East 97.95
feet to a point; thence on a curve convex to the Southeast having a
radius of 100.00 feet and a length Southwesterly 29.02 feet to a point;
thence South 47-20-00 West 144.915 feet to a point; thence North 42-40-00
West 115.00 feet to a point; thence South 59-04-49 West 103.49 feet to a
point; thence North 78-00-00 West 160.77 feet to a point; thence South
88-39-39
I►•
d
West 130.00 feet to a point; thence South 72-29-35 West 125.00 feet
to a point; thence South 57-00-00 West 278.62 feet to a point;
thence South 6-00-00 West 125.49 feet to a point; thence South
804'1=00 West 85.00 feet to a point; thence on a curve convex to the
Northwest having a radius of 270.00 feet and a length Southwesterly
111.92 feet to a point; thence South 57-00-00 West 106.42 feet to
a point; thence on a curve convex to the South having a radius of
25.00 feet and a length Westerly 43.33 feet to a point on.the East-
erly line of aforesaid Spook Hill Road; thence along the Easterly
line of said Spook Hill Road, North 23.41-50 West 112.885 feet to
the point of beginning containing 6.512 acres of land be the same
more or less.
q
1
MR. JOHNSON moved that the Supervisor be authorized to sign
the Lease and Agreement with Dr. Hannigan for the Dog Shelter,
subject to the amendment of Local Law #3 of 1980.
Seconded by Councilman McCluskey
Motion Unanimously Carried
The following proposed Local Law was introduced by COUNCILMAN
JOHNSON:
A LOCAL LAW AMENDING LOCAL LAW NO. 3 OF 1980.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. Section 8, paragraph B providing for redemption
fees is amended by substituting the daily cost of $6.00 for the
$4.00 per cost charge stated therein.
Section 2. This local law shall take effect immediately
upon filing with the Secretary of State.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, there has been duly presented and introduced
at a meeting of this Town Board on the 8th day of February,
1982, amending Local Law No. 3 of 1980 relating to Dog Control
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 8th day of March, 1982, at 7:45 P.M. EST 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
Dr. Heaney, being recognized by the Chair, asked the Board if
there was a maximum amount defined by the law that the vet could
charge for medical expenses for a dog. Mr. Johnson responded that
they would hope the vet would use his judgment and not perform an
emergency operation on a dog of mixed breed after being impounded
for five days or over; Mr. Diehl added that the Board had agreed
that the chairman of that Committee (Health and Safety) would
address this subject with the vet and any other matters that
might come up. Mr. Johnson then came across a provision in the
agreement which read "prolonged treatment will not be provided
for dogs in a poor state of health or to unidentified dogs which,
in his opinion, are not likely to be adopted", so there was some
protection provided.
Since action on an appointment to fill the vacancy on the Planning
Board had been tabled at the last meeting, the matter was again
placed before the Town Board.
Mr. Versace moved to appoint Edward Hawksley as a member of the
Planning Board since he had expressed interest in becoming a
member of this Board, he had previously been recommended by them,
and the Planning Board recommended all three of the applicants
for this vacancy; he then gave a short history of Mr. Hawksley's
qualifications and his past services to the Town.
Motion Failed for Lack of a Second
The following resolution was offered by SUPERVISOR DIEHL who
moved its adoption:
RESOLVED, that Calvin Lawrence, be and he is hereby
appointed to fill the vacancy on the Planning Board of the Town
of Wappinger, and it is further
RESOLVED, that the said Calvin Lawrence is hereby appointed
to the said Planning Board for a term which shall expire in
January of 1989.
Seconded by: Councilman Johnson
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
The matter of the appointment of a full time Dog Control Officer
was placed before the Board for their consideration.
MR. JOHNSON moved to appoint George Dunckley as full time Dog
Control Officer at an annual salary of $11,000.00, effective
February 22, 1982, all actions of any other Dog Control Officers
are to go through Mr. Dunckley; the Chairman of the Health and
Safety Committee be authorized to advertise this appointment in
the Wappinger and Southern Dutchess News and the Hornet during
the week of February 15th through the 19th, and notification be
sent to all law enforcement agencies.
Seconded by Mrs. Mills
Roll Call Vote: 4 Ayes Mr. Versace --Nay
An offer from the New York State Department of Transportation
for acquisition of property owned by the Town off of Route 9D
had been tabled at the last meeting for further information
from the Attorney and the Assessor. This information was
still incomplete and the matter was again tabled.
A contract was received from Legion Fire Works Co., for fireworks
at Community Day in September and authorization was needed from
the Board for the Supervisor to sign said contract.
MR. JOHNSON moved that the Supervisor be authorized to sign the
contract with Legion Fire Works Co., for Community Day Fireworks.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED that the Attorney for the Town be authorized
to commence an Article 78 proceeding against D.E.C. to review
its modifying decision issued upon W.S.A. 6775.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Upon a question from Mr. Versace, Mr. Adams explained the action ---
there were two water supply applications, 775 which was an applica-
tion by the Town to add additional wells and make certain improve-
ments and 6775 application by Atlas Water Company to extend the
approval previously given to the Town to use the Hilltop site as
a source of water and to permit distribution to the Cranberry
District. A short discussion on the subject followed between
the Attorney, Mr. -Versace and Mr. Johnson.
Now that the Board had appointed a full time Dog Control Officer,
Mr. McCluskey felt a deputy should be appointed to assist him
in a part time position for back up and training.
MR. MCCLUSKEY moved that William Nepfel be appointed Deputy to
the Dog Control Officer in a part time position.
Seconded by Mr. Johnson
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Mr. Diehl had received a letter from Camo Pollution Control,
Inc. recommending the repair of the Bio Disc tent at the
Oakwood Knolls Sewage Treatment Facility at a total cost of
$300.00.
MR. DIEHL moved that repairs be made to the Bio Disc Tent at
Oakwood Knolls Sewer Plant at a total cost of $300.00.
Seconded by Mrs. Mills
Motion Unanimously Carried
A second communication from Camo Pollution Control, Inc. to
Mr. Diehl and copied to the Water and Sewer Committee referenced
removal of screenings from the Town Sewer Plants. This had
previously been taken to Mr. Alexander's dump site, however
this site could no longer be used as it was not approved and
Camo had contacted a carting company licensed to haul the
screenings; prices were quoted for a 20 yard roll -off dumpster,
a 15 yard roll -off dumpster and a 12 yard roll -off dumpster.
The latter capacity of 12 yards at $84.00 was recommended by
Camo and it was noted by them that this price was less than the
amount the town paid Alexander's.
MR. DIEHL moved that Camo Pollution Control, Inc. be instructed
to contact this company and make arrangements to remove the
screenings using the 12 yard roll -off dumpster at $84.00.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A third letter from Camo Pollution Control regarding problems
at the pump station at the Royal Ridge Sewer Plant was referred
to the Water and Sewer Committee.
While on tyle subject of communications from Camo Pollution,
Mr. Versace referred to a letter received from them in the
matter of a pressure reducing valve in a home at 52 Alpert Drive,
and they recommended that this valve be put in the water line
but did not quote a price. Mr. Diehl noted that he thought this
was the responsibility of the home owner, but asked Mr. Versace
to research this policy.
The Attorney to the Town and the Supervisor had been successful
in setting a meeting with the representatives of the St. Cabrini
Home and it was the recommendation of the Attorney that the
Board first set a special meeting for the purpose of going into
executive session on this matter due to possible litigation.
MR. JOHNSON moved to set a Special Meeting for February 23,
1982 at 4:15 P.M. at the Town Justice Court on Old Route 9,
for the purpose of calling an executive session to discuss
this matter.
Seconded by Mr. McCluskey
Motion Unanimously Carried
An application for a Peddlers License for Joan Makely had
been referred to the Ordinance Committee for review at the
previous meeting of the Board; Mr. McCluskey informed the
Board they had not completed their referrals at this time
and asked that this matter be tabled to the next meeting.
Mr. Johnson reported that letters had been received from Camo
Pollution indicating dates of testing and drawing water samples
from various wastewater treatment plants which reminded him
that at budget time, Mr. Versace had submitted a proposal for
Town operated water and sewer departments and in his comparison
said that Camo was doing some unnecessary testing and sampling,
but did not at the time identify what ones were unnecessary;
since this list had been made available now by Camo, Mr. Johnson
asked Mr. Versace if he could identify them now. Mr. Versace
responded that he preferred to wait for a Committee meeting
to review these items with Camo Pollution Control.
Mrs. Mills asked the Attorney what the procedure would be to
increase the rent of the tenants occupying the Schlathaus
residence; they have occupied this home for over two years and
she felt there should be an increase. Mr. Adams responded that
thirty days notice had to be given of such an increase and asked
Mrs. Mills to contact him at his office and he would draft a
letter explaining the procedure. The Recreation Committee was
requested to bring up this subject before the Recreation Com-
mission, determine what their future plans were for this
property, how long they intended to rent it out, and report to
the Board at the next meeting.
Mr. Versace reported that a work shop meeting had been held
with Shelter Homes on January 25, 1982 and they were requested
by both the Planning Board and the Town Board that they work
on controlling the flooding of Carlan Drive; the recommendation
was that they cut a ditch and direct it to the existing storm
drainage catch basin for a temporary solution. He visited the
area yesterday and at that time no ditch had been cut and then
requested Mr. Lapar to check with Mr. Barger to determine when
this work would be done.
Mr. Versace then asked Mr. Adams the status of the Serenity
Mission court case and was told it was still pending. He had
a question on the acceptance of roads in Mocassin Hill and
Mr. Adams said there were still problems there and they have
declined to accept the roads until the problems were solved,
however he had contacted the attorney to that developer, had
several sessions with him and suggested corrective action for
the problem, so there is an active dialogue existing.
The next item Mr. Versace brought up was the expiration of
the Cable TV contract in June of this year and he asked Mr.
Adams if there was a ninety day period to advise them of any
changes. Mr. Adams noted that the Cable Committee was review-
ing this contract and were also working with other municipalities
in a combined effort to iron out some of the problems.
Mr. Versace then discussed a proposal received from Atlas Water
Company and felt it was very important that the Board set up
a work shop session with Mr. Adams and Mr. Lapar to discuss
the matter. The Board agreed that they would schedule this
work shop session in early March.
Mr. Johnson reported that he had had a call from a resident
from Dorothy Heights, namely, Mrs. Estelle zak, complaining
of noise from machinery in the Imperial Plaza and she asked
if the Town Board would look into it. Although this was under
the jurisdiction of the Village, Mr. Johnson told her the Board
would work with the Village and see what they could do for her.
He requested that a letter be directed to Mrs. Zak asking for
a full description of the noises emanating from the Plaza with
a copy to be forwarded to the zoning officer of the Village,
Colonel John Haubennestel and perhaps the Town Board and the
Village could be of some help to her in this matter.
Over a year ago a lawsuit was instituted against the Town by
Wallace Terwilliger and Chelsea Marina, Inc. regarding North
Street in the Hamlet of Chelsea. Apparently the only problem
that existed was that there are two North Streets ---one running
perpendicular to Fron Street (Mr. Terwilliger's North Street
and not a public street), and the one recognized by the Highway
Superintendent which he considers to be a public highway, running
between Market Street and Liberty Street. Mr. Adams had previously
stated that, in his opinion, there is really no dispute, and his
recommendation was that Mr. Terwilliger can have his North Street
and the Town can have their North Street, and they can exchange
the proper legal papers to confirm the fact. Mr. Adams pursued
the matter and now presented a deed from Wallace Terwilliger and
Chelsea Marina, Inc. to the Town of Wappinger for the North Street
situated between Market Street and Liberty Street, for acceptance
by the Town Board.
MR. JOHNSON moved that the deed for North Street conveyed to the
Town from Wallace Terwilliger and Chelsea Marina, Inc. be accepted.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Lapar wrote to the Board asking for authorization for bidding
of approved plans for connection of Well ##4 and control building
additions and appurtenances for the Central Wappinger Water
Improvement Area. Mr. Versace then noted that back in 1979
the residents of the area petitioned the Town Board not to go
through with that project. Correspondence had been received that
approval had been given by the New York State Department of Health
for plans and specifications on this project and now Mr. Lapar
was seeking approval to go to bid; he was under the impression
since 1980 that nothing would go forward on this project.
Mr. Adams felt this could be discussed at a special meeting and
in the meantime he would give the Board a report in writing in
response to Mr. Versace's inquiry.
MR. JOHNSON moved to adjourn the meeting, seconded by Mr.
McCluskey and unanimously carried.
The meeting adjourned at 10:14 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 2/8/82