1983-06-13 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
JUNE 13, 1983
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. May 9th - Specials May 23rd & 24th
4. REPORTS OF OFFICERS:
Town Justices Bldg/Zng Receiver of Taxes (April & May)
Hydrant Report Compt/Sup. report thru April 30th
5. PETITIONS & COMMUNICATIONS
a. Communication from Dutchess Co. Dept. of Planning re: Stoetzel
application
b. Mr. & Mrs. John Guido - in support of possible Mobile Home Park
(Stoetzel application)
c. R.E. Leper report re: Performance & Maintenance Bnds - Pondview
d. Resignation of Keith Dubetsky as T/W Fire Inspector
e. Resolution adopted by Dutchess Co. Legislators re: Transient
Merchants
f. Response froia D. Co. Dept of Public Works to Attnys letter re;
possible dumping at Brescia Property.
g. Corr. from Attorney to Twn re: Permit - Cranberry/Atlas Water
h. H. Gunderud request for a new car
i. Letter of Credit offered by J. Klein for Rd. Completion: Fieldstone
Farms. Letter of Credit offered by Barger for Spring Hill.
j. Zvi Segal re: (1) acceptance of letters of Credit for Carmel
Heights (2) Letter of information on status of repairs RFSD Sewer
lines per agreement
k. Bd. of Elections re: designation of Polling Place for Ward 3 -
District 6.
1. Reappointment of Conservation Advisory Council Members (2 Yr.
appointment) and appoint Chairman
m. Fire Prevention Bureau - Approval of Fire District Appointments
to Bureau
n. Grant permissionto Engineer to Town of solicit bids for CWWIA &
WSIA#1 extension in Cedar Hill Area
6. COMMITTEE REPORTS
a. Mrs. Mills re: a Public Hearing for increase of Atlas Water Co. races
b. Mrs. Mills re: report on proposed expansion of Dutchess Co. Airport
7. RESOLUTIONS
a. CATV Rate increase
b. LL of 83 for Professional Inspection Fees
c. Bonding Resolution for Highway Dump Trucks
d. Referral from Zoning Board of Appeals of Stephen Ossenkop
application for a Camp Ground
e. .Introduction of a Revised Water Local Law
f. Indroduction of Amendment to LL on Open Containers
g. Introduction of LL providing for Attorneys Fees
h. Consent Judgement - A.R.Fuels, Inc. (Win. Crane, Attny - Tax review)
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Meeting of the Town Board of the Town of Wappinger
was held on June 13th, 1983 at the Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York x
Supervisor Diehl opened the meeting at 8:03 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
Kenneth Croshier, Highway Superintendent
Henry Cuatt, Comptroller
Mr. Diehl requested the public to stand for the Pledge of Allegiance
to the American Flag.
The Minutes of the Regular Meeting of May 9th, 1983 and the Special
Meetings of May 23rd and May 24th, 1983, having previously been sent
to all Board Members, were now placed before them for their consid-
eration)
MR. JOHNSON moved that the above stated Minutes be and they are
hereby approved, as submitted by the Town Clerk.
Seconded by Mr. McCluskey.
Motion Unanimously Carried
Reports were received from the Town Justices for the month of May,
Receiver of Taxes for April and May, the Hydtant Report for May,
and the Comptroller/Supervisor report thru April 30th, 1983.
MRS. MILLS moved to accept the above stated reports and place them
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from the Dutchess County Department of
Planning informing the Board that they had received their letter
stating that the Town Board would act as the lead agency in the
environmental review process for the Stoetzel Mobile Home Park
Application. This letter also stated that since the subject
property includes designated wetlands and lands subject to flooding,
they recommended that these factors be thoroughly evaluated in the
environmental review process. They had no objection to the Town
Board being the lead agency.
Mr. Johnson noted that the Board requested a draft E.I.S. at the
last meeting.
MR. JOHNSON moved to receive this communication and place it on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Mr. & Mrs. John Guido in support of the
Mobile Home Park (Stoet'el application).
MR. MCCLUSKEY moved to receive this letter and place it on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report was received from Mr. Lapar regarding Performance and
Maintenance Bonds for the Pondview Subdivision. He found them to
be in order but noted that only Bell Air Lane has the necessary
base coat and the building permit should not and will not be issued
except on those streets that has!bam coats approved by the Super-
intendent of Highways. Mr. Lapar explained that the developer
had submitted the Bond for the whole development; Bell Air Lane
has been completed, he has since completed Grace Court, however
the remaining roads are not completed.
Mr. Versace noted that heavy equipment would be in use until all
the roads were completed and felt that this could damage the finished
roads; his concern was that by the time the subdivision was complete
there would not be enough money to cover the cost of any damage that
might be done to the completed roads. Discussion continued on this
matter and also the necessity of driveway permits. Mr. Croshier
pointed out that this was the procedure that had been followed in
the past. Mr. Diehl suggested that Mr. Versace pursue the course
of a local law which would change this procedure and mandate the
completion of the roads before the bonds were accepted; at this
point they could not enforce one developer to follow a different
procedure than what was being used by the other developers.
MR. JOHNSON moved that the Performance and Maintenance Bonds on
Bell Air Lane and Grace Court be approved.
Seconded by Mr. Diehl
-0/c-/
'1%
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
A letter of resignation was received from Keith Dubetsky, Town of
Wappinger Fire Inspector. In his letter, Keith explained that he
had accepted an offer from the Fairfax County Fire and Rescue
Department for a full time position of Firefighter/EMT; when
he accepted the job in Wappinger he had no idea this new job was
available. He thanked the Board for the opportunity they had
given him to serve in his position.
MR. MCCLUSKEY moved to accept Mr. Dubetsky's resignation with
regret and wished him good luck in his new position.
Seconded by Mr. Johnson
Motion Unanimously Carried
On the same subject, Mr. Johnson reported that he and Mrs. Mills,
Personnel Committee, met with the Fire Prevention Board and they
were asked to give consideration to making this position a full
time one rather than the part time one it presently is. He suggested
that the Town Board discuss this at their next work shop session.
A letter was received from Joan Pagones, Clerk to the Dutchess
County Legislature, forwarding a copy of a resolution adopted by
the Dutchess County Legislature requesting towns, cities and villages
to regulate transient merchants.
MR. MCCLUSKEY moved that this letter with the resolution be accepted
and placed on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A response was received from the Dutchess County Department of
Public Works to Mr. Adams' letter regarding county dumping at the
Brescia property on New Hackensack Road.
Mrs. Mills noted that the letter referred to the wrong property;
at the time they were discussing this matter at a previous meeting,
both the Brescia property and the Humeston property were in this
discussion and the Board requested that a letter be directed to
the County regarding dumping at the Humeston property.
MRS. MILLS moved that a second letter be directed to the County
stating that county trucks were seen dumping at the Humeston
property on Myers Corners and Old Myers Corners Road.
Seconded by Mr. McCluskey
ryMotion Unanimously Carried
Mr. Adams wrote to the Board regarding correspondence from the
Department of Environmental Conservation in which they indicated
that a permit would be necessary to purchase water from Atlas
for the Cranberry Hills Water Improvement Area.
The following resolution was offered by SUPERVISOR DIEHL who
moved its adoption:
WHEREAS, a request has been made from the owner of lands
within the Cranberry Hills Water Improvement Area for the supply
of water, and,
WHEREAS, the Atlas Water Company has agreed in principle,
subject to the obtaining of necessary permit to be the source of
water, to sell the same to the same on a wholesale basis to said
Cranberry district, and,
WHEREAS, the Town Board has for the adjacent CWWIA have
agreed in principle to permit the use of its storage capacity
for fire protection to both the Cranberry district and Atlas
Water Company in consideration for the acquisition, on an
"as needed" basis of additional water, from the Atlas Water
Company, the same to be transmitted through the lines of the
Cranberry District,
WHEREAS, as a precondition for the same, it is necessary
that application be made to the Department of Environmental
Conservation for permit,
NOW THEREFORE, BE IT RESOLVED, that the engineer to the town
and the attorney to the town, on behalf of the affected water
improvement areas develop those plans and specs necessary to make
application to the Department of Environmental Conservation for
the necessary permit, and
BE IT FURTHER RESOLVED, that said engineer and attorney
prepare the necessary agreement between the affected water
improvement areas and the Atlas Water Company, the same to be
approved by the Town Board.
Seconded by: Councilman Johnson
Roll Call Vote:
Supervisor Diehl Aye
Councilman Johnson Aye
Councilman McCluskey Aye
Councilwoman Mills Nay
Councilman Versace Nay
Resolution Duly Adopted
Before this eesolution was voted on, Mrs. Mills questioned the
Attorney on the location of the booster station. She was against
the booster station since the way it looked to her it would be
sitting right in Wildwood I. Why saddle those residents with a
mausoleum since they have water already. She could not go along
with the present plan. It was pointed out that by approving this
resolution they were not locked into any one location, it was
merely approval for a permit. Mr. Versace also had concerns ---
in their discussion with Atlas concerning the town being the
wholesalers of water to them, it was agreed that this would be
in emergency situations only. There were too many unanswered
questions for them to be considering such a resolution as this
time. There were also too many questions concerning the supply
of water to the Pizzagalli company until their structure is
completed, he continued. He felt that a work shop session was
in order to discuss the situation with Pizzagalli. The burden
should 011 on the Cranberry Development and on the Pizzagalli
Company, not on the Town of Wappinger.
Mr. Diehl then offered the resolution knowing well that the resolu-
tion before them was not a final acceptance by the Town but a
request to get approval from the State of New York and requesting
Mr. Lapar to put a second alternative in on the lands of Cranberry
Development for the pump station to remove it off the lands of
Wildwood I. Mrs. Mills added that when the resolution was offered
to D.E.C., the plans would have to go in as they presently are, so
in essence when they review the resolution and the plans, they will
assume that they are tied together. Discussion continued on the pros
and cons of the plans and an alternative,and the resolution was put
to vote. After the resolution was adopted, it was agreed that Mr.
Adams and Mr. Lapar would work together on the plan and alternative
and legal work and when this was completed, Mr. Diehl would set up
a meeting with Pizzagalli and the developers of Cranberry to discuss
the situation more thoroughly.
A request was received from Mr. Gunderud for a new car which he
felt was long overdue; the body was rusty and he was having
mechanical problems with his present car.
Mr. Johnson recommended that the Town put in a bid for a new car
for the Supervisor and the Supervisor's car be passed on to the
Building Inspector.
MR. JOHNSON moved that the Comptroller be authorized to go to
State Bid for a new car for the Supervisor.
Seconded by Mrs. Mills
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
Mr. Versace commented that he would have voted for a new car for
the Building Inspector, but not for the Supervisor.
A Letter of Credit was offered by James Klein for completion of
the roads in Fieldstone Farms, and the Attorney was satisfied
with the form that was presented.
MRS. MILLS moved to accept the Letter of Credit from Mr. Klein
for the completion of the roads in Fieldstone Farms.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Herb Elman, Ardmore Drive, being recognized by the Chair, remarked
that he had observed Mr. Klein's trucks removing fill from that
area and transporting it to Hopewell Road west of Cedar Hill Road.
Mr. Croshier noted that he was transporting the fill to his own
property and the Attorney added that if the excavation is incidental
to construction there is no problem. Mr. Elman asked if they realized
that they were filling one truck and moving it every seven minutes.
Mr. Croshier was requested to explore this matter.
A Letter of Credit was offered by Mr. Barger for the second section
of the Spring Hill Subdivision. Mr. Adams noted that this had been
reviewed and the form was acceptable.
MR. JOHNSON moved to accept the Letter of Credit for the completion
of roads in the second section of the Spring Hill Subdivision.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Attorney had received Letters of Credit for Carmel Heights
Subdivision from Zvi Segal and informed the Board that a few
modifications were required, however, he recommended that they
be accepted subject to receipt of these modifications.
MR. JOHNSON moved that the Letters of Credit offered by Mr. Segal
for completion of the roads in the Carmel Heights Subdivision
be accepted, as recommended by the Attorney, subject to approval
by him of the forms to be resubmitted by Mr. Segal.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Zvi Segal informing the Board of the
status of the repair of Rockingham Farms Sewer District sewer
lines as per Z & M Development agreement with the Town dated
November 1982. Mr. Segal was present and Mr. Johnson asked if
the work was completed; he responded that it was 70% completed.
MR. DIEHL moved that no action be taken on this letter until all
work is completed as per the agreement.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The Board of Elections wrote to the Town Board regarding the
designation of a polling place for the new district created by
the Ward system, that being Ward 3 District 6.
Mr. McCluskey suggested using the Town Justice Court on Old Route 9
and Mr. Versace recommended that they use these accommodations for
two districts; he also suggested that the New Hackensack Fire House
could handle two districts. Mr. McCluskey added that they should
at this time designate the polling place for the new district and
add one to the New Hackensack Fire House and discuss the placing
of other districts at their next work shop session.
MR. MCCLUSKEY moved that the Town Justice Court on Old Route 9
be designated as the Polling Place for the Third Ward, Sixth
District and the New Hackensack Fire House be designated as
the Polling Place for the Fourth Ward, Second District and the
remainder of.the Polling Places stay as they have been designated,
at least until review at the next workshop.
Seconded by Mr. Johnson ,,,,I Motion Unanimously Carried
A letter was received from the Conservation Advisory Council
recommending reappointment of the present members and further
recommending the appointment of Edward Hawksley as Chairman.
The following resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that Edward Hawksley, Oscar Scherer, Gerald Webb,
Edna Winters and Camilla Wygan be and they are hereby appointed
to fill the vacancies on the Conservation Advisory Council of
the Town of Wappinger, which has occurred by reason of the
expiration of their terms, and it is further
RESOLVED, that the aforesaid persons are hereby appointed
to the said Conservation Advisory Council for a term which shall
expire July 1, 1985.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
MR. JOHNSON moved to appoint Edward Hawksley as Chairman of the
Conservation Advisory Council as recommended by that Council.
Seconded by Mrs. Mills
IlMotion Unanimously Carried
A letter was received from Bernard Roe, Deputy Secretary/Treasurer
of the New Hackensack Fire District correcting information on
two members of that District on the Town Fire Prevention Bureau.
"Please make reference to a letter written to Mr. James
Tompkins dated April 6, 1983 signed by Peter E. Howell.
Mr. William H. (Bud) Pottenburgh's acceptance was to
fill the term vacated by Mr. George Budd Jr. It was
the intent of Chief Howell for Bud Pottenburgh to complete
the unexpired term and then take a 2 year term.
My records indicate that Tom Gilmartin's term will expire
July 1984 and with the acceptance of Bud Pottenburgh, his
term will expire July 1985".
MR. MCCLUSKEY moved to confirm the appointments made by the New
Hackensack Fire District on the Town Fire Prevention Bureau, as
stated in Mr. Roe's letter of June 7, 1983.
Seconded by Mr. Johnson
Motion Unanimously Carried
At the last meeting, Mr. Lapar had requested permission to gm to
bid on the CWWIA and WSIA#1 extension in the Cedar Hill Area;
this had been tabled for further review of the map submitted by
Mr. Lapar by the Town Board Members and the matter was now placed
before them for their consideration.
MRS. MILLS moved to authorize Mr. Lapar to go to bid on the CWWIA
and WSIA#1 Extension in the Cedar Hill Area.
Seconded by Mr. Versace
Motion Unanimously Carried
MR. MCCLUSKEY moved to authorize the Attorney and the Engineer
to negotiate with property owners from whom easements will be
needed for the completion of this project.
Seconded by Mrs. Mills
Motion Unanimously Car¢eied
Under Committee Reports, Mr. Johnson reported that he had met
with the Recreation Commission and part of the discussion was
in regard to the algae problem in the pond at the Ye Olde Apple
Orchard. He and Mr. Lapar had visited the site and recommended
that copper sulphate be used to help correct this problem.
Correspondence was since received from the Recreation Commission
indicating that they planned to follow this recommendation.
Another concern was the maintenance of the pond. If the Town
continues to maintain this area, it may very will be that it will
have to be opened to all Town residents. The Commission has
scheduled a meeting for June 21, 1983 at 7 P.M. at the pond site
to discuss this matter with the residents.
A second report from Mr. Johnson related to correspondence received
from various groups requesting handicap toilet facilities at
Robinson Lane and Martz Field recreation areas. The commission
reported that this can be done at Robinson Lane by clearing out
the storage area adjacent to the rest rooms, however, there may be
a problem putting in blocks and mortar to enlarge the facilities
at Martz Field. This matter will be pursued further.
Mrs. Mills questioned the expenditure of funds for copper sulphate
for the pond before a decision was made by the residents regarding
the maintenance of the pond. Mr. Johnson felt that the amount of
money was minimal to solve the problem and at the present time it
does belong to the Town and if the residents are not willing to
maintain it then we must continue to do so.
Mr. Diehl referred to a problem on All Angels Hill Road which
went back about two years ago, relating to passing zones on that
road which were causing numerous accidents. A letter from Mr.
Spratt's office at that time indicated they would review the
possibility of installing "T" signs on the Town roads intersecting
with All Angels Hill Road. Nothing was done in that matter --no
communication was received. They also discussed cutting down weeds
at the County and Town road intersections to improve visibility.
Mrs. Poloncic, a resident of that area, had recently pursued this
matter with Mr. Diehl and was present in the audience. Mr. Diehl
invited her to further comment on this problem. Mrs. Poloncic
felt that the Town was also remiss and had done nothing about
clearing the intersections for better vision --they blame the
County and the County send you back to the Town.
Sandra Goldberg, Wappinger County Legislator, being recognized
by the Chair added that she had spoken to Mr. Spratt several
months ago and he indicated that he could not put either the "T"
signs or the "+" signs at these intersections because they were
too close together (law requirements), however, in lieu of the
many accidents that had occurred in that area, the County intended
to re-evaluate the situation and endeavor to correct it. Mrs.
Goldberg said she would check it out in a couple of weeks and
report back to the Board.
MR. DIEHL moved that a letter be directed to Mr. Spratt to review
the possibility of installing either "T" signs or "+" signs at
intersections of Town roads with All Angels Hill Road; also ask
him to again consider cutting weeds or trees at these intersections
where they block the vision and copy Wappinger County Legislators.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. McCluskey reported on a meeting with Mr. Spratt, Mr. Anagnos,
Mr. Parsons representing the New Hackensack Fire District and
the Town Board relating to reducing the speed limit in the area
of the Fire House. They got nowhere since it was that department's
opinion that the present speed limit was safe, there was plenty of
clearance and site distance over the top of the hill. He asked
about plans for putting shoulders on that road and flattening
out the sharp hill on Myers Corners Road going toward Rt. 376
and was told there were no plans. They were informed that they
could appeal to the State but chances were that the State would
go along with the County recommendations.
MR. MCCLUSKEY moved that the Town pursue the matter of a lower
speed limit in that area with New York State Department of
Transportation.
1)(1°
ransportation.\,
Seconded by Mr. Johnson Motion Unanimously Carried
Mr. McCluskey spoke of litter on the highways and asked the
Attorney to look into the possibility of the Judges imposing
labor penalties on violators of the law, rather than monetary
fines. Mr. Adams noted that the Town Justices have this power
and recommended that Mr. McCluskey address them on this matter.
Mr. McCluskey informed the Board that there would be a Public
Safety Committee Meeting on Tuesday, June 21, 1983 at 4 P.M.
On Town Hall Committee, Mr. McCluskey reported that there was
a slight problem that had arisen with the contract for the
Architect and asked the Attorney to explain it. Mr. Adams
explained that the Architect requested, as part of the Agreement,
that the Town Board designate someone on behalf of the Board who
would serve as a liaison between the Architect and the Town Board
in the event he needed direction and it would not be possible to
call a Special Meeting with participation by the full Board.
When this was revealed to Mr. McCluskey, he suggested that a member
of the Town Board be so designated who would speak on behalf of
the Board.
Mr. Versace did not agree with this condition and felt all five
members should have a say in whatever problem that may come up.
In view of Mr. Versace's reaction, Mr. McCluskey suggested that
they proceed with the approval of the contract exclusive of that
condition and if it was needed at some later date it could be
acted on.
MR. MCCLUSKEY moved to approve the contract with Hayward and Pakan
as Architects for the proposed Town Hall, exclusive of the condition
as requested, and authorize the Supervisor to sign said contract.
Seconded by Mrs. Mills
Motion Unanimously Carried
A meeting was set for June 22, 1983 with the Town Board and the
Architect at 5:30 P.M.
Mrs. Mills spoke of obstructions at intersections of Town roads.
Mr. Tinelli, Deputy Building Inspector/Zoning Administrator
was present and requested that these complaints be forwarded to
the Zoning Administrator's office to be investigated; the Zoning
Law, he continued, requires that property owners keep the area
I)'
clear within 50' on either side of the intersections of Town
roads with other Town roads.
Mr. Cuatt, being recognized by the Chair, asked that the same
courtesy be given to residents of Old Hopewell Road when they
were requesting shoulders on Myers Corners Road. It seemed
to him that all County roads were in need of shoulders, but
particularly Old Hopewell Road since there always two or three
accidents a year which he felt was caused by the lack of shoulders.
MRS. MILLS moved that a letter be directed to Commissioner Spratt
to investigate the possibility of putting up "T" signs on either
side of Eck Road and Old Hopewell Road and in the same area,
consider putting shoulders on Old Hopewell Road.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The following resolution was offered by COUNCILWOMAN MILLS, who
moved its adoption:
WHEREAS, the Atlas Water Company has applied for an Increase
in the water rate charge to its residential consumers within the
Town of Wappinger, and
WHEREAS, in view of the large rate increase requested (149%)
it is in the public interest of both the Atlas Water Company and
the consumers and customers of said water company that a public
forum be afforded to them to permit Atlas to explain its need
for the rate increase requested and to permit consumers and
customers of the water company to comment upon the same, and
WHEREAS, it is within the discretion of the Public Service
Commission to conduct a public hearing,
NOW, THEREFORE, BE IT RESOLVED that the Public Service
Commission conduct a public hearing on the application of the
Atlas Water Company for a rate increase, and
BE IT FURTHER RESOLVED that siad public hearing be conducted
by the Public Service Commission within the Town of Wappinger
to afford an opportunity for all consumers and residents of the
water company to hear and review the requests of the Atlas
Water Company and to comment thereon, and
BE IT FURTHER RESOLVED that the Town Clerk of the Town
of Wappinger transmit a copy of this resolution forthwith to
the Public Serie Commission and to the Atlas Water Company.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Mills reported that she had a call on Saturday from the
residents of Wappinger Park Homes that they were out of water;
no one could reach any authorized person to handle the situation.
She called the twenty four hour emergency telephone number of the
Dutchess County Department of Health, reported the matter and asked
them to keep her informed of the situation; other residents had
called as well as Mr. Diehl who was also involved in this matter.
The residents did receive a water supply and are presently discuss-
ing the possibility of purchasing the water system, however, her
point was, noone bothered to call her or Mr. Diehl to inform them
that they would take care of these residents or how long it would
take. They heard absolutely nothing. Mr. Diehl added that it was
a bad day and he too was upset with the response at the Health
Department. He was at the site for five hours and saw noone at
this site and received no information; he was almost at the point
of breaking down the door and calling in the Town water operator
to help out. He felt there should have been more communication
from the County, more coverage during off hours; he hoped County
Legislator Sandra Goldberg would report this to the County.
Mrs. Mills reported that a response was received from Andy
Bernhardt from Dutchess County Mosquito Control reporting that
they had done work in the area of Pleasant Lane. Mr. Diehl had
received the letter and requested Mr. Croshier to check the area
to determine what work was done ----he reported that he could not
see that any work was done, the stream still needed cleaning.
After much persuasion, Mr. Lapar convinced the contractor who
bidded on the stream cleaning two years ago to do the job at the
same price and Mr. Diehl recommended that they go ahead with the
project.
MR. VERSACE moved to authorize the Supervisor to sign the contract
for Hunter Creek Stream Cleaning.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mrs. Mills recommended that the landfill site at Castle Point be
opened from July through November on the first Saturday of each
month.
MR. DIEHL moved that the landfill site at Castle Point be opened
to the residents of the Town for all itemwith the exception of
metal and tires, on the first Saturday of every month from July
through November and the metal items will be brought to the
Highway Department on those days.
Seconded by Mrs. Mills
Pi`-}
tion Unanimously Carried
Mr. Johnson, Ordinance Committee, reported that they had been
working on an Ordinance for Mother -Daughter Accessory Apartment
and hoped it would be ready to present to the Town Board in July.
MR. JOHNSON moved to contact the New York State Cable Commission
requesting that they direct an audit to be done on U. S. Cablevision
lines in the Town of Wappinger.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. JOHNSON moved that a letter be directed to U. S. Cablevision
requesting a financial status report for a period of five years.
Seconded by Mrs. Milts
Motion Unanimously Carried
A Public Hearing having been held by the Town Board of the Town
of Wappinger on June 8, 1983 on a petition of the U. S. Cablevision
Corp. for an Amendment to the Faanchise to increase the cable rates,
the matter was now placed before the Board.
MR. VERSACE moved that the 1mgnest from the U. S. Cablevision Corp.
to amend the Franchise to increase cable rates be denied,due to lack
of supportive information, failing to justify.n increase, inconsistant
service, and quality of reception.
Seconded by Mr. Diehl Motion Unanimously Carried
Mrs. Mills noted that a letter had been received from Mark
Liebermann received by the Town Clerk on June 10, 1983, too late
for the public hearing on the cable rate increase. The letter
was one of complaint on some of the services of the cable company.
MRS. MILLS moved that this letter be made part of the record of
the minutes of the Public Hearing on the cable rate increase.
Seconded by Mr. Johnson Motion Unanimously Carried
Mrs. Mills brought up the fact that she did not feel that the
franchise with U. S. Cablevision was binding since the language
of the Bond
inparts/was not acceptable to the Attorney and although they
had been notified of this fact, they had failed to change it
as recommended by the Attorney. The Attorney noted that the
bond received was not satisfactory and action could be taken
to call the bond if they fail to cure the defect in the language
kie in a certain period of time.
MRS. MILLS moved that the Attorney direct a letter to U. S.
Cablevision notifying them that the Town of Wappinger is consider-
ing cancelling our franchise with them unless proper documents
are submitted to the Attorney to the Town.
Seconded by Mr. Johnson
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on June 13th,
1983 on a proposed Local Law Providing for the Payment of Pro-
fessional or Consulting Fees, the matter was now placed before
them for their consideration.
MR. JOHNSON moved to adopt Local Law #4 of 1983 as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. Declaration of Purpose.
To safeguard the health, safety and welfare of the residents
of the Town of Wappinger and to permit the Town of Wappinger and
its agencies to obtain full and complete review of the impact
of a proposed activity for which a permit is required from the
town or any of its agencies without burdening the taxpayers of
the town in those instances where the application is for the
pecuniary benefit of the applicant, it is appropriate that the
costs of various professional, consulting, or other third -party
services which may be determined to be necessary for review pur-
poses be assumed by the applicant rather than by the town.
Section 2. Upon the submission of an application for an
activity for which a permit is required from the Town Board, the
Planning Board, the Zoning Board of Appeals or any other agency
of the Town of Wappinger, including but not limited to zoning
permits, zoning amendment requests, subdivision applications,
permits required by the Building Code, the Fire Prevention
Ordinance or other statutes or local laws, the agency within
the town issuing the permit or from whom the permit for the
activity is requested may in its discretion require that such
permit application be accompanied both by such fees as are
prescribed by statute, local law, regulation or resolution, and
by such pre -payments as deemed appropriate by such agency for the
payment of professional, consulting or other third -party services
if the same are necessary to assist in review of the application
or request, said payment to be sufficient to defray the cost of
such which will be necessarily and reasonably required by such
board or agency in its evaluation or review of the requested
activity as determined by the agency. Submission of the applica-
tion shall not be deemed complete until such time as satisfactory
arrangements have been made with the board or agency with the
payment of the same, and such board or agency may require a
deposit of the same in advance. If advance payment is required,
such payment shall be made to the town comptroller. Any amount
remaining unexpended after said deposit and after the rendering
of services shall be returned to the applicant upon the obtaining
of such final disposition of the application or in the event of
withdrawal. No final disposition shall be made until any additional
payments determined as necessary by the board or agency are made and
any application shall be deemed incomplete and not susceptible to
final approval or disposition until such payment is made.
Section 3. The board or agency shall make its own determina-
tion as to the selection of professional, consulting or other
third -party services necessary to assist in review.
Section 4. This local law shall take effect immediately
upon filing with the Secretary of State.
Seconded by: Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
The matter of the Bond Resolution for financing the Highway
Trucks was placed before the Board for their consideration.
A memo was received from Mr. Cuatt regarding the bonding for
the Highway trucks which had been requested by the Board at their
previous meeting. It read "if $100,000.00 were financed
instead of the approximate $180,000.00 for a five (5) year period
the savings would amount of $14,400.00". Mr. Versace felt this
information should have been broken down further giving the savings
for a one year period if $100,000.00 was financed instead of
$180,000.00. Mr. Versace had previously suggested using $80,000.00
from Federal Revenue Sharing Funds which, he felt would have saved
some of the interest payment. He again recommended this procedure.
Discussion followed pro and con on whether to finance $100,000.00
with less interest or receive more revenue and bond $180,000.00 but
pay more interest. Mr. Johnson disagreed with using FRS for this
purpose since there were other items it may be needed for before
the end of the year. He also stated that we wouldn't be saving
that much.
Mr. Versace moved to utilize $80,000.00 from Federal Revenue
Sharing Funds to apply toward the indebtedness of financing the
purchase of the Highway Trucks and bond $100,000.00 over a period
of five years.
Motion Failed for Lack of a Second
A RESOLUTION AUTHORIZING THE ISSUANCE OF $185,000 SERIAL
BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK,
TO PAY THE -COST OF THE PURCHASE OF INTERNATIONAL DUMP TRUCKS _
WITH PLOWS, WINGS AND SANDERS FOR USE BY THE TOWN HIGHWAY DEPT.
The following resolution was offered by SUPERVISOR DIEHL,
who moved its adoption:
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The class of objects or purposes to be financed
pursuant to this resolution is the purchase by the Town of Wappinger,
Dutchess County, New York, of international dump trucks with plows,
wings and sanders for use by the Town Highway Department.
Section 2. The maximum estimated cost of such class of objects
or purposes is $185,000, and the plan for the financing thereof is
by the issuance of $185,000 serial bonds of said Town, hereby
authorized to be issued pursuant to the Local Finance Law. Further
details concerning said bonds will be prescribed in a further
resolution or resolutions of this Town Board.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is fifteen
years, pursuant to subdivision 28 of paragraph a of Section 11.00 of
the local Finance Law, it being hereby determined that each item to
be financed pursuant to this resolution will cost not less than
$30,000, provided, however, that the maximum maturity of the serial
bonds herein authorized will exceed five years, but shall not exceed
one-half of such period of probable usefulness so that the provisions
of Section 107.00 of the Local Finance Law shall not apply to such
bonds.
Section 4. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby
delegated to the Supervisor, the chief fiscal officer. Such notes
shall be of such terms, form and contents, and shall be sold in such
manner, as may be prescribed by said Supervisor, consistent with the
provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as the
same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. Upon this resolution taking effect, the same
shall be published in full in the W & S. D. News, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Section 8. This resolution is adopted subject to permissive
referendum in accordance with Section 35.00 of the Local Finance Law.
Seconded by: Councilman Johnson
Roll Call Vote:
Supervisor Diehl Ave
Councilman Johnson Ave
Councilman McCluskey Aye
Councilwoman Mills Aye
Councilman Versace Nav
A letter was received from the Zoning Board of Appeals referring
the Application of Stephen Ossenkop for a Campground to the Town
Board.
MR. JOHNSON moved to designate the Town as leading agency in the
Application of Steven Ossenkop for the construction of a Recreational
Vehicle Park.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The matter of introducing a revised Local Law on Water was placed
before the Board for their consideration.
The Board had not received a report from Mr. Lapar and Mr. Gunderud
on this revision and could not act on it at this time. and it was
tabled for further information.
The following proposed Local Law was introduced by COUNCILMAN
JOHNSON:
A local law amending Local Law No. 5 of 1980, prohibiting
discarding of alcoholic beverage containers in public places in
the Town of Wappinger.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. Section 3 of Local Law No. 5 of 1980 is amended
by adding to the sentence contained therein at the end thereof of
the following phrase: "with intent to consume the same".
Section 2. This local law shall take effect in the manner
prescribed by Municipal Home Rule Law.
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 13th day of June, 1983, a
propaed local law amending Local Law No. 5 of 1980, prohibiting
discarding of alcoholic beverage containers in public places 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 theTown 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 llth
day of July at 7:50 P.M. EDT, on such day at the Town Hall, Mill
Street, Vil]age 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 following proposed Local Law was introduced by COUNCILMAN
JOHNSON:
A local law providing for attorneys fees.
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1. This local law proposes to protect the health,
safety and welfare of the citizens of the Town of Wappinger and
to enhance the police powers of the Town of Wappinger by providing
for the reimbursement to the town of legal expenses and related
fees associated with any litigation which might be undertaken
by the town to enforce local laws, ordinances and other obligations
of residents, developers, applicants for permits and other parties
within the Town of Wappinger when such steps are necessary by way
of civil proceedings to preserve the integrity of and to promote
the general welfare of the residents of the Town of Wappinger by
enforcement of local laws, ordinances, rules and regulations or
other standards duly adopted by the town.
Section 2. Whenever it becomes necessary for the Town of
Wappinger by civil proceedings to enforce a local law, ordinance,
subdivision regulation, rules and regulations, highway specifications,
or other rules of conduct or standards duly adopted in accordance
with law by the Town Board of the Town of Wappinger, the town may
seek to recover, in addition to any civil remedies had by it,
reasonable attorneys fees for the prosecution of said proeeeding
as well as the costs and disbursements of said proceeding. Said
attorneys fees and other imposed herein shall be payable only if
the town successfully completes such prosecution or obtains an
order or judgment.
Section 3. Any individual, corporation, or other entity who
makes application to the Town of Wappinger for a permit of any
nature, by making such application hereby agrees to reimburse the
Town of Wappinger, as a condition for the granting of such permit,
for its reasonable attorneys fees incurred it it becomes necessary,
in the sole discretion of the town, for the town to commence a civil
proceeding against the holder of such permit or its assignees or
successors in interest for purposes of enforcing those conditions
under which the permit was granted and judgment for such sums may
be sought.
Section 4. All permit applications of the town shall be duly
endorsed with notice informing such applicants and permitees of
this local law and that by submitting an application for a permit,
the applicant consents to the imposition of attorneys fees, costs
and disbursements as provided by this local law.
Section 5. The provisions of this local law shall be binding
upon the successors and assigns of any applicant and permitee as
a condition of the continuing validity of such permit. All permits
shall contain a notation that the holder of the same, as well as
their successors and assigns, are subject to the provisions of
this local law as a condition for the continuing validity of such
permit.
Section 6. Definitions.
Permit: The granting of permission by any agency of the
town to engage in activity for which the issuance of a permit or
other approval is a precondition.
Section 7. A registry of permits shall be maintained by
the town to provide all interested persons, including successors
and assigns of permitees, of the issuance of permits subject to
this local law.
Section 8. This local law shall take effect immediately
upon filing with the Secretary of State as required by law.
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 13th day of June, 1983, a
proposed local law providing for attorneys fees, 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 theTown of Wappinger
on the llth day of July, 1983 at 7:45 P.M. EDT 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: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
The matter of a Consent Judgment, A. R. Fuels, Inc. Tax Review,
having been tabled from last month for clarification by the Attorney,
was now placed before them for their consideration.
The Assessor wrote to the Board stating that the Town would be
required to pay A. R. Fuels, Inc. the amount of $6,500 and
further stated that he had reviewed the proposed settlement arrived
at by A. R. Fuels and our Attorney and find that the settlement is
better than we would have done pursuing the matter further before
the courts.
The following resolution was offered by SUPERVISOR DIEHL, who
moved its adoption:
BE IT RESOLVED, that Rosen Crane and Wolfson is hereby
directed to execute a consent judgment settling the A. R. Fuels,
Inc. against Wappingers Central School District and the Town of
Wappinger tax certiorari, a copy of which is attached hereto and
made a part hereof, and that Rosen Crane and Wolfson is authorized
and directed to settle the above captioned proceeding pursuant to
the terms of said judgment.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
MR. MCCLUSKEY moved that the Wappinger Central School District
be requested to share the Attorney's Fees with the Town when
they are both involved in Tax Certiorari Matters.
Seconded by Mrs. Mills
Motion Unanimously Carried
An application for a Peddler's License was received from William
McCord for a Hot Dog Truck.
MR. MCCLUSKEY moved to approve the application for a Peddler's
License for William McCord.
Seconded by Mr. Diehl
Motion Unanimously Carried
MR. MCCLUSKEY moved to authorize the publication of an ad for
the Castle Point Landfill Site as has been done previously.
Seconded by Mr. Diehl
Motion Unanimously Carried
MRS. Milts reported that she had attended an Airport Sub Committee
Hearing on Noise Abatement at the County Office Building at the
request of some residents, however all discussion was limited to
noise abatement and she did not have the opportunity to discuss
any other matters. She then brought up the fact that the County
does not apply for site plan approval from the Planning Board when
they change building plans or construct new buildings. She further
discovered when checking with Mr. Gunderud that they do not pay
downstream drainage fees even though they are directing water into
the Wappinger Creek.
MRS. MILLS moved to alert the proper authorities involved with
the buildings at the Dutchess County Airport that they have to comply
with all rules and regulations of the Town's Planning, Building
and Zoning Departments when required.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MRS. MILLS moved to direct a letter to the Dutchess County Executive
and Chairman of the Dutchess County Legislature asking for a list
of authorized personnel in charge of buildings and future plans
at the Dutchess County Airport.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Steven Ossenkop, Robinson Lane, being recognized by the Chair
asked why his application for a camp ground site in that area
was delayed by four months. It was explained to him that this
application had been misdirected to the wrong Board and now it
was going through the proper procedures. He was informed that
all information would be forwarded to him since the Town was now
the lead agency.
Mrs. Sandra Goldberg, County Legislator, informed the Board that
she had checked on Mosquito Control and found that an additional
$30,000 had been added to their existing budget of $125,000 and
they intended to spray recreation areas in the Town of Wappinger
and the Village of Wappingers Falls. 7A/
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr.
Diehl and unanimously carried.
The meeting adjourned at 10:33 P.M.
Reg. Mtg. 6/13/83
Elaine H. Snowden
Town Clerk
JUL 1 1 1983
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
JULY 11, 1983
1. Supery sor Call Meeting to Order
2. Roll Call
PLEDGE ALLEGIANCE TO FLAG
3. REPORTS OF OFFICERS:
Town Justices Receiver of Taxes Hydrant Report Bldg/Zng
Sup/Compt. thru May 31st
4. PETITIONS & COMMUNICATIONS
a. Pizzagalli Dev. Co. request for installment payment of Down Stream
Drainage Fees.
b. Thomas Vasti, Attny, re: Soil Mining Permit
c. Hughsonville Fire Dist. recommended appointments to Fire Prevention
Bureau
d. Dutchess Co. Dept. of Health re: Stoetzel Mobil Home Pk environ-
mental review
e. Dutchess Co. Dept. Planning re: Ossenkcp Environmental Review
f. T/W Planning Bd. Corr. re: (1) Cranberry Hills Water supply
(2) Average Density Subds. (3) Brescia Property.
g. R.E. Lapar Corr. and reports: re: (1) Soil mining at Fieldstone
Farms - J.A. Klein (2) Rosewood Ct. Resident complaint.of
drainage pipe (3) Emergency Jobs Bill Application (4) Community
Activities Bldg.
h. Notice of Public Hearing, T/Pk on Zoning Ordinance amendment
i. Mr & Mrs. Murphy re: Water meters
5. COMMITTEE REPORTS
6. RESOLUTIONS
a. Pizzagalli interum Agreement
b. Local Law Water
c. Bids on installation of water meters
d. Amendement of Open Container Local Law
e. Local Law - Attorney Fees
f. Bids for Central W. Water Extension & Wapp. Sewer Extensions
1. CIA — erkce, far Ykeco 10 -41 -Ate Mete
7. UNFINISHED BUSINESS
8. NEW BUSINESS
i ) it ,'-td c o )d' 14 i J u�irw
9. ADJOURNMENT
A Public Hearing was held by the Town Board of the Town of Wappinger on
June 13, 1983, at the Town Hall, Mill Street, Village caf Wappingers Falls,
Dutchess County, New York, on a Local Law providing for the payment of
professional or consulting fees.
Supervisor Diehl opened the Hearing at 7:56 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
The Town Clerk offered for the record the Affidavits of Posting and Publication
duly signed and notarized. (These Affidavidts are.',.attaghed. herto and made part
thereof of the minutes of this Hearing.)
Mr. Diehl asked if there were any questions or comments from the public; no
one spoke for or against.
Mr. Diehl asked if there were any members from the Town Board who wanted to speak.
Mr. Johnson said "this is an opportunity for the Town to recover cost we
incur for the benefit of others."
Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnsons
and unanimously carried.
The Hearing closed at 8:02 P.M..
a-81,3,4tt_
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW PROVIDING FOR
THE PAYMENT OF PROFESSIONAL OR
CONSULTING FEES
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 May 27th, 1983, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law Providing for the Payment of
Professional or Consulting Fees, on the signboard
maintained by your deponent in her office in the
Town Hall of the Town of Wappinger, Mill Street,
iin the Village of Wappingers Falls, Dutchess County,
New York.
Sworn to before me this ) 3
day of -acs-- 1983.
laine H. Snowden
Town Clerk
Town of Wappinger
Nota Public
ViRG11.10 } c •,,.FZ, Iii.
11sis y ci n. „y Sias
Ao;dir.0 la Li is,r.r
esmaassisn cApiies Merck 34. /
DISPLAY ADVERTISING
NOTICE IS HEREBY GIVEN that
there has been duly presented and
introduced before the Town Board of
the Town of WappInger, Dutchess
County, New York on May 9th, 1983, a. '-
proposed local law• providing for the _
payment of professional or consulting
fees as follows:
LOCAL LAW NO. OF 1983
A local law providing for the payment
of professional or consulting fees.
BE IT ENACTED by the Town Board
of the Town of Wappinger as follows:
Section 1. Declaration of Purpose.
To safeguard the health, safety and
welfare of the residents of the Town of
Wappinger and to permit the Town of
Wappinger and Its agencies to obtain '
full and complete review of the impact
of a proposed activity for which a
permit is required from the town or any
of Its agencies without burdening the .-
taxpayers of the town In those in-
stances where the application Is for the
pecuniary benefit of the applicant, It Is
appropriate that the costs of varibus-y
professional, consulting, or other third- •
party services' which may be deter-
mined to be necessary for review -
purposes be assumed by the applicant�A,.
rather than by the town. .'
Section 2.
Upon the submission of an ap,.; _
plication for an activity for which a,
permit Is required from the Town Board
the Planning Board, the Zoning Board
of Appeals or any other agency of the -
Town of Wappinger, including but not -
limited to zoning permits zoning •
amendment requests, subdivision
applications,. permits required by the
Building Code, the Fire Prevention
Ordinance or other statutes or local
laws, the agency within the town
issuing the permit or from whom the
permit for the activity Is requested may
in its discretion require that such
permit application be accompanied
both by such fees as are prescribed by
statute, local law, regulation or
resolution, and by such prepayments
as deemed appropriate by such agency
for the payment of professional,
consulting or other third -party services
If the same are necessary to assist in
review of the application or request,
said -payment to be sufficient to defray
the cost of such. which will be
necessarily and reasonably required by -
such board or agency In its evaluation
or review of the requested activity as
determined by the agency. Submission
of the application shall not be deemed -
complete until such time as
satisfactory arrangements have been
made with the board or agency with the
payment of the same, and such board - -
or agency may require a deposit of the
same In advance, If advance payment Is
required, such payment shall be made
to the town comptroller. Any amount
remaining unexpended after said
deposit and after the rendering of
services shall be returned to the ap-
plicant upon the obtaining of such final
disposition of the application or In the -
event of withdrawal. No final -
disposition Mall be made until any
additional payments determined as
necessary by the board or agency are
made and any application shall be
deemed incomplete and not suscep-
tible to final approval or disposition
until such payment is made.
Section 3.
mac:
£..
NEWS
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
The board or agency shall makes Its
own determination as to the selection
of professional, consulting or other
third -party services necessary to assist
In review.
Section 4.
This local law shall take effect Im-
mediately upon filing, with -the,
Secretary of State.
NOTICE IS FURTHER GIVEN that the
Town Baord will conduct_a Public',
Hearing on the aforesaid proposed
local law at the Town Hall, MITI Street,
Village of Wappingers Falls, Dutchess
County, New York on June 13th, 1983 at
7:50 P.M. EDT on such dale, at which _
- time all parties interested will be heard. .
NOTICE IS FURTHER GIVEN that
copies of the aforesaid proposed local
law be available for examination and
inspection at the office of the Town
Clerk of the Town of Wappinger In the
Town Hall between the date of this
notice and the date o1 the public
hearing.
C-4_..._0 • Elaine H. Snowden
Town Clerk
Town of Wappinger
Dated: May 27th, 1983
AFFIDAVIT OF PUBLICATION
State of New York,
- County of Dutchess,
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .Go-Editor-Pnbh],isher.
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 ...QUO. . weeks successively . moo .
• in each week, commencing on the .. 961. day of . Jun.
. 19.83 . and on the following dates thereafter, namely
on
-and ending on the .. 16t day of.. June.
19.83. both days inclusive.
Subscribed and sworn to before me
this ... 'Pt .... day of.. June..... 19. $3
Notary Public
My commission expires
ALBERT M. OST'EN
NOTARY FL'3L1C..7.;;E OF NEW YORK
QZ.ALJF;.J t;, .�, C.:VUTY
r4144....2 40760
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