1983-07-28 PHA Public Hearing was held by the Town Board of the Town of
Wappinger on July 28th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on a
proposed Local Law Regulating All Activities Relative to Water
Lines, Water Meters and Water Use Within the Town of Wappinger.
Supervisor Diehl opened the Hearing at 7:06 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Thp•_Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Hearing).
Mr. Diehl asked for comments from the public either for or against
'the Pubposed Local Law.
There were no statements made either for or against the Local Law.
Mr. McCluskey moved to close the Public Hearing, seconded by Mr.
Johnson and unanimously carried.
The Hearing closed at 7:08 P.M.
CLGUR atikks4("..
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
A PROPOSED LOCAL LAW OF THE YEAR
1983, RELATING TO THE REGULATION
OF ALL ACTIVITIES RELATIVE TO
WATER LINES, WATER METERS AND
WATER USE WITHIN THE TOWN OF
WAPPINGER
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
That she is the duly elected, qualified and acting Torn
Clerk of the Town of Wappinger, County of Dutchess, and State
of New York.
That on July 15, 1983, your deponent posted a copy of the
attached Notice of Public Hearing on a proposed Local Law relating
to the regulation of all activities relative to water lines, water
meters and water use within the Town of Wappinger, on the signboard
maintained by your deponent in her office in the Town Hall of the
Than of Wappinger, Mill Street, in the Village of Wappingers Falls,
Dutchess County, New York.
Sworn to before me this 0
day o
Notary Public
Public
, 1983.
e -t
Doris M. Cade
Notary Public. State of New Tork
Quntrind in Dutchosa County
Commis'" No. 460%73
Commission expire, Morels N. 10,15--
tJ
7:1
DISPLAY ADVERTISING
cod 3. D.
NEWS
CLASSIFIED A DV ERT!SING
914 297-3723
84 EAST MAIN STREET—I1'APPINGERS FALLS
NOTICE IS HEREBY GIVEN that
then has been duly presented and
Introduced beton the Town Board of
the Town of Wappinger, Clutches*
Co ntyy, NewlocI w n onJury l , 1963, a
Jhs proposed local law will regulate
ase
activities relative 10 water lines,
water meters and water use within the
Town of Wappinper.
A portion of the local law will limit
excavations for water pipes and public
ways to those holding permits for that
purpose and will prescribe .standards
for the undertaking of such permit
Including manner of Installation of
water lines, type of water line, and
provides that the expenses of all In-
etalletion will be borne by the owner of
Me premises. It will provide the Im-
provements necessary for the In-
stallation of water lines including those
residential homes and w111
Cann t connections to residential
homes unless such Improvements have
been Installed as prescribed and ap-
proved by the engineer to the water
district. If also prescribes peneltles for
those failing to comply with the
standards Indicated thaMn.
The local law w111 also provide tat
each horse served with water must
have a water meter, IM same to be
Installed and maintained at the ex -
of the homeowner. Penalties are
Im •peed for damage to metro or for
tampering with than. It further provides
that access must be given to
representatives of the town for
pur-
poses of Inspecting and reading
meters.
The water law also provides for
payments for use of water and In the
e vent of delinquency In payment.,
penalties will be Imposed upon the
e arns and upon delimit/Incise ex-
essding 10 days, the right Is granted to
the town to terminate service upon
prior notice with a further charge for
reconnection. Further provision Is
made that unpaid water charges shall
become a Ileo on real property and will
be added to tax bills If not paid.
Flee are established for turning
water on and off at the request o7
homeowner&
The local law further provides for the
right 01 the Town Board to Interrupt
water service If necessary for repairs
" and absolves the town from any liability
wlwn such water le turned off.
The local law prohibits cross-
ooFlhns with Is adiphiprovision mode prohibiting
the use of fin plugs or hydrants for any
purpose other than those authorized by
M local law.
Provisions are mads for psnatties for
vloletlon of the local law, which shell
constitute a misdemeanor subtect to
fines not exceeding $50 or Im-
prisonment.- Moreover Individuals
making uniuthorizsd laps or oon-
nsctlons to the water line s011 bs liable
for the use of water at four times the
minknum rate of the district and are
further liable for all expenses, Including
labor, engineering legal and other fees
associated with misuse of the water.
NOTICE 1S FURTHER GIVEN that the
Town Board will conduct a Public
Hearing on the aforesaid pprropppopse�edd
local law at the Town Hall,Mlll.etrest,
Village of Wappingers Fals, Dutch's*
County New York on July 2Mh, 1903 al
7:00 P.M. EDT, on such date at which
time all parties Interested will be heard.
NOTICE IS FURTHER GIVEN that
copies of the aforesaid proposed local
isw will bs available for examination
and Inspection at the office of the Town
Clerk of the Town o1 Wappinger In the
Town Hall between the date of this
notice and the date of the public
Elaine Snowden
Town Clerk
Town of Weppinger
Dated: July 15. 1983
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
f.lirrt?,z.yalai tit, of the
Town of Wappinger, Dutchess County, New York,
being duly sword, says that he k, and at the several
times hereinafter was, the ...pook,eeper
of the W. S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said
newspaper for .... pi, . , weeks successively ..
. in each week, commencing on the ... 20tgay of ..�
. 19. .83 and on the following dates thereafter, namely
on
and ending on the ... 20th .... day of.. July
19. ,83both days inclusive.,
Subscribed and sworn to before me
this 210th . day of. ...hay . , . 19. 83
Notary Public
My commission expires
ALBERT Pt. OSTEN
tiorA!iy rue sec, CF NEW YORK
'' rt'rrSTY
i4V332<o;£,r,
C4IA1k11SSIUN EXF Ir'; :; A4,fi';:1-1 10, 1914
A Public Hearing was held by the Town Board of the Town of
Wappinger on July 28th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New -York on an
Ordinance Amending the Driveway Permit of the Town of Wappinger
adapted June 8th, 1970.
Supervisor Diehl opened the Hearing at 7:15 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of
this Hearing).
Supervisor Diehl asked for comments either for or against the
proposed Ordinance.
There were no public present, however Mr. Versace explained his
concerns for the Town roads when contractors constantly moved
heavy construction equipment over them causing deterioration, of
the road surface. He cited an example as that of Belaire Lane
which the Town has recently resurfaced and now there will be the
construction traffic over it for the development of Pondview
Subdivision.
Discussion followed on the merits and disadvantages of imposing
such restrictions on developers. Mr. Johnson questioned the impact
this Ordinance would have on casual construction (someone installing
a pool, addition or even minor house renovations), what controls
would the Town have over heavy equipment just passing through the
Town, how would one determine who might have caused the damage,
and could it in fact be enforced. Other members of the Board
felt a more indepth study should be made as there were too many
burdensome potentials that could be involved as the ordinance is
written presently.
There were no other comments made on the Ordinance.
Mr. McCluskey moved to close the Public Hearing, seconded by
Mr. Johnson and unanimously carried.
The Hearing closed at 7:31 P.M.
OtALCZ_ &,6104SU•
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
AN ORDINANCE AMENDING THE DRIVEWAY
PERMIT ORDINANCE OF THE TOWN OF
WAPPINGER ADOPTED JUNE 8th, 1970
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and says;
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and State,
of New York.
That on July 12, 1983, your deponent posted a copy of the
attached notice of Public tearing on an Ordiance Amending the
Town of Wappinger Ordiance for Drivway permits, on the signboard
maintained by your deponent in her office in the Town Hall of the
Town of Wappinger, Mill Street, in the Village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York.
/I
Sworn to before me this
day
, 1983.
eJ- (t eae r ---
Notary Public
Doris M. Cade
Notary Public, State t3f New York
Quati:i.2,1. in E.: 1.1!,•!),...ss County
Commirsion No. 4605672
Commiltlian expires Match 30,
r
)
rs
_tk_eito,
DISPLAY ADVERTIS!,1G
enrul £3A D.
NEWS
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will
conduct a Public Hearing at the Town
Hall, Mill Street. _ Wappingers Falls,
Dutchess County, New York on Wed-
nesday, July 28th, 1983 at 7:15 P.M. EDT
on an Ordinance Amending the
Driveway Permit of the Town of
Wappinger as follows:
The following Ordiance was In-
troduced by Councilman Versace:
AN ORDIANCE AMENDING
THE DRIVEWAY PERMIT OF
THE TOWN OF WAPPINGERS
ADOPTED JUNE 8TH, 1970
BE IT ORDAINED by the Town Board
of the Town o1 Wappinger as follows:
SECTION ONE:
Section 2 of an ordinance adopted by
the Town Board on is hereby amended
by adding thereto the following:
"For purpose of this ordinance. any
road opening onto an existing public
road or highway erected by a developer
for purposes of egress and ingress for
developing real property,includlhg but
not limited to real estate subdivision,
shall be deemed a driveway and a
permit shall be necessary."
SECTION TWO:
Section 4 is amended by adding
thereto the following:
"The highway superintendent may
also demand financial security in such
form as prescribed by law to safe guard
against damage to town highways
resulting from the movement over
public roads of development of said suusedment
subdivision real
peoperty. If damage is occasioned by
the said developers or those acting on
his behalf, said damage shall be
corrected at the direction of the
highway superintendent and upon
.failure to so correct, so much of the
financial security as necessary to
repair such damage shall be expended
tor such repair."
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: July 12. 1983
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Gisela Schmitz of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hetcinafter was, the Booklceepefi
of the W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
Wappinger, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said
newspaper for orie weeks successively . 0.4Cg .
. in each week, commencing on the . :13t41. day of Jul.
. 19. e'3. and on the following dates thereafter, namely
on
and ending on the 13th
19.83. both days inclusive.
day of. (11.11x
Subscribed and sworn to before me
this 13th day of.. JulX .... 19.8.3
Notary Public
My commission expires
ALBERT M. 03T -EN
NfTA..^,Y PL ,!.:c. STATE (`F !:_V/ YORK
111.A If