1983-05-09 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MAY 9, 1983
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES - Reg. April 11, 1983
4. REPORTS OF OFFICERS:
Town Justices (March & April) Rec. of Taxes (March & Feb. Adjusted)
Bldg/Zng (March & April) Hydrant Report Compt./Sup. .\
5. PETITIONS & COMMUNICATIONS
a. Richard Barger re: Acceptance of Spring Hill Ct.
b. Town Justices request permission for Mrs. Brudnak to attend Seminar
for Court Clerks in Glens Falls 5/20-5/21
c. David Ruff, D. Co. Dept. Health re: Mosquito Control
d. Memo from L. Diehl, Sup., re Hunters Creek Clean-out
e. L. Diehl, Sup., re: letter concerning "Mooring in Hudson"
f. H. Cuatt, Compt., re: Financing Highway Trucks -length of bonding
g. K. Croshier re: (1) Drainage Complaint --6 Dogwood Hill Rd.
(2) Peressini-33 Brothers Rd.
h. Notice of Public Hearings: (1) Town of Poughkeepsie amendment to
Zoning Ord. (2) T/Wappinger Zoning Bd. of Appeals on variance
i. Assessors term of Office expiration - L. Diehl recommend reappointment
j. R.E. Lapar re: request approval to bid CWWI & WSI #1 project in
Cedar Hill Area
k. Request of Pizzagalli Development Co.
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Local Law Amendment to Fire Prevention Bureau Code
b. Amendment to Zoning Ordinance re: definition
c. Consent Judgement settling A.R.Fuels, Inc. (Tax Review - Rosen,
Crane and Wolfson)
d. Transfer of Mortgage money (L.Diehl request)
e. H. Cuatt, Budget Transfer (Phase I, P.R.O.T.E.C.T.)
f. Town Board as lead agency in Stoetzel Mobile home Pk. application
g. Determination for either negative or positive declaration w/respect
to Stoetzel application
8. UNFINISHED BUSINESS,
9. NEW BUSINESS
a. Petition from residents of Apple Ridge Estates (Ye Olde Apple
Orchard) regarding decisions for future of Pond.
10. ADJOURNMENT
The Regular Meeting of the Town Board of the Town of Wappinger
was held on May 9, 1983 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
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
Kedneth Croshier, Highway Superintendent
Mr. Diehl opened the meeting with the Pledge of Allegiance to the
American Flag.
Mr. Diehl announced that the Board Members had decided to move
certain resolutions to the beginning of the meeting which related
to the Public Hearings that had been held prior to the meeting ---
these resolutions being 7b (Amendment to the Zoning Ordinance re
Definitions), 7f (Town Board as lead agency in Stoetzel Mobile
home Park application) 7g (Determination for either negative
or positive declaration w/respect to Stoetzel application).
A Public Hearing having been held by the Town Board on an
Amendment to the Zoning Ordinance of the Town of Wappinger on
May 9th, 1983, the matter was now placed before them for their
consideration.
The following Ordinance was offered by COUNCILMAN JOHNSON who
moved its adoption:
An Amendment to the Zoning Ordinance of the Town of Wappinger
for the purpose of clarification of definitions.
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
1. The Zoning Ordinance of the Town of Wappinger adopted..
March 10th, 1980, is amended by adding to Article 2 (Definitions)
the following definition, the same to be inserted in their
appropriate alphabetical sequence:
CAMP, PRIVATE: A camp for the personal use of its owner
and his guests which is not maintained for hire, remuneration or
sale.
CAMP, PUBLIC: A camp which in whole or part is kept
or maintained for remuneration, hire or rent; a camp for
transients for hire, including but not limited to recreational
vehicles or other camping activities providing facilities for
overnight stays. A public camp shall be deemed a recreational
use activity.
2. This Ordinance shall take effect as provided by law.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
]tem 7f
The following Resolution was offered by COUNCILMAN MCCLUSKEY
who moved its adoption:
WHEREAS an application has been submitted to the Town Board
of the Town of Wappinger for construction of a mobile home park,
and
WHEREAS from the submissions to date it appears that environ-
mental review of the same will be necessary as provided by both
the State Environmental Quality Review Act and the local law of
the Town of Wappinger, and
WHEREAS, on the 22nd day of April, 1983, the Town Clerk of
the Town of Wappinger advised other affected agencies of the
application and solicited their consent .for the Town Board
acting as lead agency, and
WHEREAS no adverse comments as to the assumption by the
Town Board of the status of lead agency have been received,
NOW, THEREFORE,
BE IT RESOLVED that the Town Board shall be the lead agency
in the application of Gerhardt P. Stoetzel and Frederick A. Jambes
to construct a mobile home park within the Town of Wappinger.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
Item 7g
The determination for either a negative or positive declaration
with respect to the Stoetzel Mobile Home Park application was
now placed before the Town Board for their consideration; a
positive declaration would require the submission of an environ-
mental impact statement, a negative declaration would not require
the same.
MR. JOHNSON moved to adopt the positive declaration as presented
by the Attorney and distributed to the Town Board.
Seconded by Mr. McCluskey
of Motion Unanimously Carried
Mr. Diehl went back to the regular order of the Agenda.
The Minutes of the Regular Meeting of April 11, 1983, having
previously been sent to all Town Board Members, the matter was
now placed before them for their consideration.
Mr. Johnson asked that the spelling of a proper name on Page 6
be corrected from Paley to Payerle.
MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of
April 11, 1983, be and they are hereby approved, as corrected,
as submitted by the Town Clerk.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports were received from the Town Justices for the months of
March and April, Receiver of Taxes for March and an adjusted one
for February, Building Inspector/Zoning Administrator for the
months of March and April, Hydrant Report for April and the
Comptroller/Supervisor Report thru March 31, 1983.
MR. JOHNSON moved that the above stated Reports be accepted
and placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Richard Barger was present seeking acceptance by the Town
Board of Spring Hill Court as a Town Road.
Mr. Diehl questioned Mr. Lapar and Mr. Croshier on the status
of this road relating to its acceptability as a Town Road by
the Town. Mr. Croshier responded that the road met the Highway
Specifications and Mr. Lapar was also agreeable to this acceptance.
MR. DIEHL moved that the matter be referred to the Attorney for
receipt of the proper legal documents and subsequent recommendation
to the Town Board on its acceptance.
Seconded by Mr. Johnson
Motion Unanimously Carried
The Town Justices wrote to the Town Board requesting permission
for Micheline Brudnak to attend the Seminar for Town and Village
Court Clerks at Glens Falls, New York on May 20th and 21st, 1983.
MR. JOHNSON moved to grant permission to Mrs. Brudnak to attend
this Seminar and her legitimate expenses would be a Town Charge.
�
Seconded by Mr. McCluskey Motion Unanimously Carried /'
A communication was received from David Ruff of the Dutchess
County Department of Health regarding Mosquito Control in
which he stated that his Department would not be undertaking
and/or financing any major water management projects with
Hunters Creek; the letter continued "in the past, we have done
some stream clearance maintenance to remove obstructions to the
flow of water. This will continue to be evaluated and done as
needed".
Mrs. Mills moved that the Town Clerk send a letter to Mr. David
Ruff asking exactly what was done on Hunters Creek and where
so the Town would not duplicate this work when they start their
stream cleaning project, and ask him to respond within ten days.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Johnson pointed mut that they were advised by the Engineer
that the low bidder for this project approximately two years
ago would not honor the bid at this time so it was important
to receive this information from Mr. Ruff in order that they
could direct the Engineer to rebid the work.
Mr. Versace asked if the bid would include removal of the rock
near Mr. Webbs home on Pleasant Lane which hinders the flow of
the water in the stream. Mr. Lapar responded that it did not
include this removal; Mr. Diehl recollected that they had discussed
going around the rock, however Mr. Versace stated that they would
have to divert the stream to go around it ---two years ago when it
was discussed they agreed that when they did the stream cleaning
they would remove the rock formation ---he would like to see it
included in the bid and do a complete job otherwise the water
would build up in that specific area and defeat the purpose of
the project. Mr. Lapar's answer to that was that the rock was
not in the main branch so it would not interfere with the flow.
Mr. Johnson added that the important part is to clean the channel
so the water does not back up ---if the rock causes obstruction,
the Board had promised it would be removed, but if not, that's
another story. It should be determined finally when the channel
is cleared that the rock would not hold back the water. Mr.
Versace persisted that when it was discussed and investigated
several years ago, the water from the stream ran directly over
the center of the rock formation and when he visited the area
this is what he saw ---he did not see it flowing to the left or
the right of the formation. He repeated that this was part of
the agreement when it was discussed by the Board.
Mr. Diehl directed Mr. Lapar to check this out before preparing
the bid specs.
Mr. Diehl spoke to the Board regarding a communication received
from the United States Coast Guard recommending that the Town
take over the mooring and placing of boats at the Chelsea Yacht
Club site. This would mean that the responsibility of policing
this activity would be placed on the Town. The Yacht Club was
not responsive to this recommendation since they have controlled
it for many years very successfully and were not willing for the
Town to take over. The Attorney and Building Inspector/Zoning
Administrator researched the matter and advised the Board that
the Town is not in a position to police the Hudson River. Mr.
Diehl wrote the following letter in response to this request.
April 20, 1983
The Captain of the Port
Special Anchorage
Building 109
Governors Island, N.Y. 10004
Attention: Port Safety Officer
Re: Mooring in the Hudson River
Gentlemen:
I am the .'Supervisor of the Town of Wappinger in Dutchess
County, New York. The Town of Wappinger has a portion of its
border on the east side of the Hudson River.
For many years there has been anchorage of small boats
on the Hudson River off the shoreline and more particularly
in the general area of the property owned by the Chelsea Yacht
Club which is on the east side of the Hudson River located in
the Town of Wappinger.
It would be very expensive for the Town of Wappinger to
maintain control on the Hudson River of any special anchorage.
The Town of Wappinger does not own any boats or water craft and
we only have a few peace officers who are generally not used
for police work or patrol duty.
Under the circumstances, the Town of Wappinger is unwilling
to enact any type of special anchorage area ordinance or local
law which would craate administrative expenses and maintenance
problems.
Therefore, the Town of Wappinger has no objection to the
special anchorage area which may be established by the Coast
Guard or the United States Government in an area adjacent to
the property owned by the Chelsea Yacht Club.
Sincerely,
s/ Louis Diehl, Supervisor
Town of Wappinger
MR. MCCLUSKEY moved that the above letter as written by Mr.
Diehl expressing the reasons the Town could not honor this
request,be forwarded.
Seconded by Mr. Johnson IAL
Motion Unanimously Carried
A memo was received from Mr. Cuatt requesting direction from the
Board regarding the length of time they would prefer on the bonding
of the highway trucks. The difference in interest between a seven
year bond and a five year bond would be approximately $5,000.00.
Mr. Versace asked what the total bonding figure would be and Mr.
Cuatt informed him it was $183,000; Mr. Versace then suggested
using Federal Revenue Sharing Funds they were expecting in the
amount of about $80,000. Discussion followed pro and con on the
length of time and the difference in interest if the Federal Revenue
Funds were used and the Comptroller was directed to contact the
bonding company and report this information to the Board before
going ahead with the bonding.
MR. JOHNSON moved to direct the Comptroller to apply for a five
year bond for the financing of the highway trucks using two sets
of figures for the interest amount; one with applying the Federal
Revenue Sharing Funds as partial payment and the other set bonding
the total amount of the cost of these trucks.
Seconded by Mrs. Mills
Motion Unanimously Carried
A communication was received from Mr. Croshier regarding a
drainage complaint at 6 Dogwood Hill Road. He concurred with
Mr. Lapar's letter nearly two years ago that the problem could
be corrected by discharging the water out on Myers Corners Road,
however, he pointed out the expense would be considerable and a
legal opinion would have to be obtained as to the responsibility.
Mr. Johnson noted that this was part of the Town drainage system
which comes from up above and underneath Dogwood Hill Road. A
large outpipe from underneath Dogwood Hill Road is eroding the
property. Mr. Lapar added that there was an easement to a certain
point and when it ends, the water just flows. It appears that the
Town is, in part, directing water into the stream on this property
from our highway.
MR. JOHNSON moved to refer this matter to the Attorney for his
review and recommendation.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A second communication from Mr. Croshier was in regard to a water
problem at the residence of Mr. Peressini, 33 Brothers Road. Mr.
Croshier explained in his letter that Mr. Peressini agreed to
connect his existing pipe into the catch basin in the street and
Mr. Croshier's opinion was that the ice condition on Brothers
Road in the winter would virtually disappear.
MRS. MILLS moved that the Town Board agree with Mr. Croshier's
recommendation that Mr. Peressini connect his pipe into the catch
basin in the street.
Seconded by Mr. McCluskey,
Motion Unanimously Carried
A Notice of Public Hearing was received from the Town of Poughkeepsie
on Amendments to their Zoning Ordinance.
MR. JOHNSON moved that this Notice of Public Hearing be reeeived
and placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
A Notice of Public Hearing was also received from the Town of
Wappinger Zoning Board of Appeals regarding the construction of
a machine shop on property located on Middlebush Road and Old
Route 9 abutting Town property.
MR. JOHNSON moved that this Notice of Public Hearing be received
and placed on file.
Seconded by Mrs.Mills
Motion Unanimously Carried
A recommendation was received from Mr. Diehl for the reappointment
of Thomas Logan as Town Assessor whose term will expire September
30th, 1983.
The following Resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that Thomas E. Logan be and he hereby is reappointed
to the position of Sole Assessor of the Town of Wappinger and be
it further
RESOLVED, that the said Thomas E. Logan is hereby appointed
as the Sole Assessor for the Town of Wappinger for a term which
will expire on the 30th day of September 1989.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
A letter was received from Mr. Lapar requesting approval from the
Board to bid Central Wappinger Water Improvement and Wappinger Sewer
Improvement #1 project in the Cedar Hill Area.
Mrs. Mills reported that a map of these projects was left in the
Town Clerk's office by the Engineer for review by the Town Board,
however all members had not completed their review and Mrs.Mills
recommended that the matter be discussed at a work shop session.
MRS. MILLS moved the Mr. Lapar be present at the regular work
shop session on May 23, 1983 at 7:00 P.M. to discuss the matter,
as recommended by the Water and Sewer Committee.
Seconded by Mr. Versace
Motion Unanimously Carried
A request was received Wilfred Rohde, P.E. of Hayward and Pakan
Associates for a temporary connection to CWWI while the Town and
Atlas are in negotiations and until the Town or Atlas provides
a more permanent and satisfactory source of water to the project.
Mr. Diehl referred this request to the Water and Sewer Committee
in conjunction with a representative of the Pisazgalli Company
for discussion with any other officials of the Town that the
Committee feels are necessary.
Mr. Versace commented that during discussions in Mr. Adams' office
on the agreement with Atlas Water Company he stated that the
Pizzagalli Company would have to obtain water either by the wells
on the existing front line or purchase it from Atlas Water Company.
In order to receive it from CWWI, application would have to be
submitted to the Town Board to become tenants to that district.
The existing building is
Versace was concerned if
facility as large as the
Board does not know when
finalized. He felt that
should have been brought
using a large quantity of water and Mr.
the water system could handle another
first one. Another factor was that the
the Cranberry Hills project will be
this matter of connecting to the CWWIA
up at work shop sessions; we could be
infringing on the Atlas Water franchise and involve the Town in
a law suit. He further noted that the Water and Sewer Committee
would meet on June 8th at 4:00 P.M. and Mr. Pizzagalli, or his
representative would be welcome to be present to discuss this
water situation. He concluded this discussion by stating that
he wanted the Town Board to be aware of the problems that could
be confronting them if they approve the sale of water on a
temporary basis to Mr. Pizzagalli.
Under Committee Reports, Mrs. Mills thanked Mr. Croshier and
the Highway Crew for the excellent job they did in the Town -
wide pick-up. She added that the public did not cooperate
when asked to separate the items and keep metal items apart
from the other articles and this plus the rainy weather did
hinder that department and delayed the pick-up.
On a related matter, Mrs. Mills brought up the matter of the
Brescia property where a violation existed on dumping and she
now sought the pulse of the Board on this matter.
Mr. Diehl reported that he had talked to Mr. Gunderud on this
matter and the property had already been posted for no entry.
He recommended that the Board give him direction to order a
complete stop on the dumping until his application (Brescia's)
for this activity received approval from the Planning Board.
MRS. MILLS moved that Mr. Gunderud be authorized to stop any
procedure of dumping at the Brescia property on New Hackensack
Road until the Planning Board resolves the situation with Mr.
Brescia.
Seconded by Mr. Diehl
Motion Unanimously Carried
Mrs.Mills noted that Mr. Brescia seemed to be ignoring previous
orders from the Zoning Administrator to cease the dumping and
asked the Attorney if they could mandate him to remove the
debris from the property.
Mr. Versace questioned the Attorney on the requirement of a Special
Use Permit to fill property and Mr. Adams answered that there is
a minimum area allowed for dumping, but beyond that, according to
the Zoning Ordinance, a Special Use Permit must be obtained.
Mr. Versace requested the Attorney to check on this matter as to
other property owners filling in their land without a permit to
do so.
The Board agreed that this situation was going on long enough and
should be dealt with; Mr. McCluskey asked the Attorney what penalty
could be imposed in the future on similiar situations. Mr. Versace
pointed out that there was a Local Law on the books governing this
activity and Mr. Adams added that there was a $500.00 per week
penalty which the Board felt was too lenient. The matter was
referred to Mr. Adams to check on future violations.
Mrs. Mills questioned Mr. Lapar on the status of the approval of
the Castle Point site as a landfill. Mr. Lapar replied that he had
talked to Jack Hill of the Dutchess County Health Department and he
knew that the Town had applied to the D.E.C. two months ago and had
no response as of this day; he also called Mr. Danskin from D.E.C.
but he couldn't be found. In order for Mr.Adams to send the applica-
tion to the Federal Department of Interior, approval must first be
received from D.E.C. so at this point it was just a waiting game.
Mrs. Mills set up a meeting with the Drainage Committee on the
following Thursday at 3:00 P.M. and asked Mr. Lapar permission to
use his office for this meeting; they intended to discuss Stage #2
of the drainage project. Mr. Lapar replied that he would confirm
this meeting on Wednesday as he intended to be out of town on the
following day, (Tuesday).
Mrs. Mills explained that permission for the use of Castle Point
as a landfill would expire in May and their intent was to obtain
permission for June of 1983 through June of 1984 and open it to
9)
the public on the first Saturday of every month through the fall
as they did last year.
Mr. Johnson, Ordinance Committee, reported that two months ago
a letter was received from Mr. Adams regarding passing on fees
on zoning matters etc. to the applicant and it had previously
been discussed at Committee meetings. A: Local Law was submitted
by the Attorney on May 4th and Mr. Johnson recommended that it
go to public hearing if the other Board Members had no objection.
Mr. Adams pointed out that they already have the ability to pass
on these fees in SEQR cases, therefore this Local Law would not
entertain a section referring to SEQR matters.
The following proposed Local Law was introduced by COUNCILMAN
JOHNSON:
A local law providing for the payment of professional or
consulting fees.
BE IT ENACTED by the Town Board of the Town of Wappingeras
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 necessaryfor review purposes 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 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 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 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 addi-
tional 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 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 kmediately 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 9th day of May, 1983, a
proposed local law providing for the payment of professional
or consulting 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 the Town of Wappinger
on the 13th day of June, 1983, at 7:50 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: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Mr. Johnson reported that the Ordinance Committee had been
discussing another Ordinance entitled the Accessory Apartments in
One Family Residence ---better known as Mother -Daughter Apartments
and he recommended that it be discussed at their next work shop
session for discussion.
MR. JOHNSON moved to invite the Zoning Board of Appeals to the
next work shop session to discuss the Accessory Apartments Ordinance.
Seconded by Mr. McCluskey
Motion Unanimously Carried
l3
Mr.Johnson requested the Town Clerk to contact the Zoning Board
of Appeals and invite them to the work shop session on May 23rd,
1983 and Mr. Diehl would inform her of the time when he scheduled
the other items on the work shop for that date.
Mr. Johnson, Personnel Committee, reported that they had been
interviewing perspective candidates for the position of Deputy
to the Building Inspector/Zoning Administrator and their recom-
mendation after interviewing twelve applicants was to appoint
Mr. Joseph Tinelli.
MR. JOHNSON moved to appoint Joseph Tinelli as provisional Deputy
to the Building Inspector/Zoning Inspector at the annual salary
prorated
of $12,000.00/for the remainder of the year, position commencing 5/16/83.
Seconded by Mrs. Mills
Motion Unanimously Carried
Before the motion was carried, it was pointed out that this was
a full time position and Mr. Diehl understood from talking to
Mr. Gunderud that there were no names available on the Civil
Service list for this position, however, a test for this position
was planned sometime in May at Dutchess County Personnel.
Mr. Johnson pointed out that during the Association of Towns
meeting in New York that he sat in on a meeting with a representa-
tive from the State Civil Service and the question of a Deputy
Building Inspector came up and it was the opinion of this repre-
sentative that this position was not considered a Civil Service
appointment if he was a full fledged Deputy with the power of
signing documents even if the Building Inspector is present.
The Town abides by the requirements of the County Civil Service,
however, he added, there is a very big difference between the
State and the County Civil Service requirements and he recommended
that this fact be looked into.
MR. JOHNSON moved that Mr. Adams and Mr. Gunderud check with New
York State as to the requirements for this position.
Seconded by Mrs. Mills
Motion Unanimously Carried
"/
Town Hall
Mr. McCluskey, Building Committee/ reported that four archi-
tectural and ,professional engineering firms were contacted
and they responded with either a combination of percentage
or flat fees and in most cases broken down into five parts
which would enable the Town to halt the project if it did
not appear to be feasible. Copies of these proposals had been
forwarded to the full Board and Mr. McCluskey now sought input
from them as to action on appointing a firm at this meeting or
referring the matter to a work shop session.
Mr. Diehl preferred some discussion at the meeting and asked what
they were talking about on a figure for the proposed Town Hall;
he had heard $400,000.00 and possibly another $100,000.00, but
not to exceed $500,000.00; now he hears a figure of up to
$800,000.00 before appointing a firm he wished to know on
what figure they would estimate this proposal on ---a $400,000.00
cost or up to an $800,000.00 cost. Mr. Johnson's recollection
was that they did not come up with a dollar figure, but rather
a size in the area of 12,500 square feet. Mr. McCluskey felt that
they should appoint a firm, give them the information what the
Board was looking for in square footage and let them come up with
park
a ball/figure on the architectural design chosen by the Board, then
either go ahead with it or forget the project. Mrs. Mills agreed
with Mr. Diehl that they talked about a figure of $400,000.00 and
$500,000.00. Mr. Versace added his comment that his recollection
of their discussions on the Town Hall was a square footage figure;
The $400,000.00 amount was mentioned often due to the fact that
that amount was the total figure in the fund set aside for this
purpose; as laymen they could never put a price on a town hall,
but the important thing is to get the project off the ground and
start with Step #1 and retain an architectural/engineering firm
to do the preliminary design of the building with an area of
approximately 12,500 square feet then they can proceed with the
type of material etc. if that is the intent. He agreed that they
should take action tonight.
MR. MCCLUSKEY moved to appoint Hayward and Pakan Associates,
to do the preliminary design of the proposed Town Hall in the
amount. of $32,500.00.
Seconded by Mr. Johnson Motion Unanimously Carried
1
Regarding the repoet on Suburban Towns, Mr. McCluskey requested
the Attorney to explain the ramifications of the material forwarded
to the Board that Mr. McCluskey had collected at the Association
of Towns Meeting.
Mr. Adams explained that Mr. McCluskey had asked the Town Board
to consider whether or not the Town should adopt the suburban
town form of government. This type of government, he continued,
basically is parellel to the existing structure the Town has.
There are a few significant changes and he characterized them
as taking work that the Board does collectively now and transfer-
ring it to the Supervisor's office. A good example is the prepara-
tion of the preliminary budget. Now, by statute, the Town Board
collectively has the obligation to formally approve the prelimin-
ary budget. Under the suburban form of government, they would
strengthen the executive arm of Town government and the Supervisor
would now, on his own, prepare the budget and the Town Board would
have the power to approve it. This is the primary change, that of
transferring certain duties to the Supervisor's office which is now
the responsibility of the Town Board collectively. Mr. Adams had
submitted written material to the Board which he recommended that
they review and it will be discussed at a work shop requested by
Mr. McCluskey; this material outlines all of the ramifications
involved if the Town Board should choose to adopt the suburban
form of Town government.
Discussion follwed pro and con on this type of government; there
were some advantages such as setting our own speed limits and
collecting our own traffic fines, however, it was pointed out by
the Attorney that this could be done now by local law. After
considerable discussion, all agreed to set a work shop session on
May 24, 1983 at 7:30 P.M. for discussion on suburban form of govern-
ment for the Town.
Mr. Versace, Water and Sewer Committee reported that at their
meeting last week, he and Mrs. Milts discussed the possibility of
meeting with Rockwell International Corporation to discuss the
procedure for readouts and billing process on the water meters.
He requested Mr. Cuatt to set up a work shop session in June.
for the full Board, Mr. Cuatt and the Rockwell representative.
After a short discussion they decided to wait for a written report
from Rockwell to determine how long this process would take and
possibly wait until September to set up the meeting.
Mr. Versace had another item to discuss which was actually old
business --that of the culvert on Myers Corners Road. Many years
ago ( approximately 8-9 years) Mr. Spratt had promised the Town
that he would enlarge it. Mr. Diehl has been trying to set up
a meeting with Mr. Spratt a -ad Mr. Versace felt they should keep
pushing this meeting since it was for an important issue. Unless
the culvert is enlarged, he continued, we will have a problem
back upstream with flood water because it will not release itself.
If we intend to do stream cleaning downstream, we should be able
to get the water to the stream. In 1974, Mr. Spratt met with Mr.
Lapar and Mr. Versace and indicated, at that time, that the County
would work on this project.
It was pointed out that this subject was discussed a few months
ago when an environmental negative declaration form came through
from the Dutchess County Department of Public Works on work planned
on Myers Corners Road, and the Board directed a letter to Mr. Spratt
requesting the enlargement of the culvert at the time they planned
to do the reconstruction on Myers Corners Road. A response was
received from Mr. Spratt indicating that the problem was a financial
one. The Board then agreed to postpone any further action until the
September Agenda which would be time for preparation of the 1984
budget and they planned to request that money be put in that budget
for the enlargement of the culvert.
Mr. Versace felt that the request should be put in now.
MR. VERSACE moved to direct a letter to Mr. Spratt and the County
Legislators requesting that they provide money in the 1984 budget
for enlargement of the culvert on Myers Corners Road, west of
Losee Road.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Adams was ready to answer a question posed by Mr. Versace
earlier in the meeting regarding the requirement of a Special Use
Permit for property owners filling in their land. The Zoning
Ordinance provides that if filling in for a building permit or
driveway permit, you can do whatever is necessary in order to
carry out the requirements of the permit without obtaining a
Special Use Permit. If you are doing any other type of filling
in unrelated to that type of activity then you do need a Special
Use Permit.
The property that concerned Mr. Versace was the Humeston property
on the corner of Old Myers Corners Road; he has been dumping debris
there for quite some time and Mr. Gunderud has been there on
numerous occasions. He felt that if Mr. Brescia was being cited,
Mr. Humeston is in violation and has been warned about the viola-
tion, therefore, he, too, should be ordered to stop the dumping.
MR. VERSACE moved that Mr. Gunderud be directed to take the
necessary steps to stop the dumping at the Humeston property.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A gentleman from the audience commented that he saw the County
dumping on that property just recently. The Board agreed to
check out this statement.
Mrs. Mills brought up a letter received from Mr. Croshier regarding
easement cleaning on Bellaire Lane and Drew Court. He had received
a proposal from Lund Construction in the amount of $12,000.00 to
do this work, however, it was actually three projects.
The Board discussed this project as related to the bidding process
and requested Mr. Croshier to submit an itemized proposal for this
work breaking it down into the three different projects and the
price for each and submit it at the June meeting.
Mrs. Mills asked the Attorney if the cleaning of the Bellaire
easement should have been part of the overall package of the
original Bellaire project. If so, there was $35,000 left in the
fund which could possible be used for this ---at least $2,000
which was quoted for Bellaire Lane and Drew Court. After a short
discussion it was referred to Mr. Lapar for his opinion.
This discussion prompted a question from Mr. Versace directed to
the Comptroller regarding the fact that we overborrowed $32,000.00.
Mr. Cuatt explained that the original borrowing was done in a
lump sum based on the engineer's estimate. Mr. Versace pointed
out that the project was closed out December 30, 1982 and the
BAN renewed on January 12, 1983 and this money cannot be used
for improvements such as Mrs. Mills mentioned but must be applied
only to the principal and interest on the bond. It was recom-
mended to the Comptroller that he wait until the bids come in
before he sets the figure for the bond for the particular project.
A Public Hearing having been held by the Town Board on May 9, 1983,
on.a proposed Local Law Amending Local Law No. 1 of 1981 (Fire
Prevention Code), the matter was now placed before the Board for
their consideration.
MR. JOHNSON moved to adopt Local Law No. 3 of 1983 as follows:
(attached hereto and made part of the minutes of this
meeting)
Seconded by: Mr. McCluskey
Motion Unanimously Carried
Mrs. Snowden then brought up a copy of a letter received from
Keith Dubetsky (newly appointed Fire Inspector for the Town of
Wappinger) informing the Board that he had resigned as a Fire
Inspector on the Fire Prevention Bureau from the Hughsonville
Fire Company; as a Town employee in this capacity he could not
continue to serve as an Inspector from the Hughsonville Fire
Company. It was not quite clear whether the Town Board should
approve this resignation, however, Mr. Johnson pointed out that
if the Board approves these appointments, they should also approve
and accept the resignations.
MR. MCCLUSKEY moved to accept the resignation from Keith Dubetsky
as Fire Inspector from the Hughsonville Fire Company.
Seconded by Mr. Johnson
' Motion Unanimously Carried
A Consent Judgement settling A. R. Fuels, Inc. Tax Review was
received from the law firm of Rosen, Crane and Wolfson for
approval by the Town Board.
l7
It was explained that there would be no refund involved since
the taxes had not been paid, and the Assessor would take care
of changing the assessment. Mr. Adams asked the Board if it
was their understanding that there was no monetary responsibility
in this situation. This fact was not quite clear and he reviewed
it while the meeting proceeded.
A resolution to transfer mortgage tax proceeds received by the
Town from the "B" account to the "A" account in the Town Budget,
was placed before the Board for their consideration.
A letter was received from Mr. Adams pointing out that this may
not be the correct procedure to follow to accomplish this transfer.
He wrote in part "I would suggest that Mr. Cuatt contact the
County Treasurer to ascertain the exact manner of computation
of mortgage monies with respect to the village and the town as
the statute does set up a formula. Casual conversations had by
me with a representative of the Comptroller's office leaves a
question as to whether that formula is being ob.gervad
MR. JOHNSON moved that the Attorney research this matter for a
second opinion.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Adams was ready to explain Item 7c on the Consent Judgement
settling A. R. Fuels, Inc.; he had reservations about the Town
Board's interpretation of monetary responsibility on the part
of the Town. The normal procedure for the 1982 taxes would be
that if the landowner does not pay the taxes, the Ccunty pays
the Town what they would have received if the landowner paid
them and the County collects later on --so if the County has
paid the Town rather than the landowner paying the Town, obvious-
ly the County will expect to be paid back with interest. A portion
of the settlement agreed upon provides for a refund to the taxpayer.
He felt that the Board might need further clarification.
MR. MCCLUSKEY moved to refer this matter for clarification of
the monetary responsibility of the Townto the Attorney.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following memo was received from Mr. Cuatt for transfer
of money
Memo To:
From:
Date:
Re:
From
To
To
on an approved expenditure:
Town Clerk Elaine Snowden
Henry Cuatt
April 14, 1983
For May Agenda - Budget Transfers
$3,000 for Phase I PROTECT payment to County
CF 1990.4
CF 9901.9
B 1420.4
MRS. MILLS moved to approve
Seconded by Mr. Johnson
F.R.S. Contingency
F.R.S. Transfer to other funds
Attorney
the transfer requested by Mr. Cuatt
Motion Unanimously Carried
Bids were received and opened on May 5, 1983 on the Installation
of Water Meters.
Mrs. Mills felt this matter needed further
discussion and recommended that it be referred to their work
shop session.
MRS. MILLS moved to table action on the bids for the installation
of water meters and refer it to their work shop session for
further discussion.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A petition was received from the residents of Apple Ridge Estates
bordering All Angels Hill Road, Kent Road and Applesauce Lane,
regarding the pond in that area jointly owned by the Town of
Wappinger and landowners surrounding the pond. Both the Town
Clerk and the Supervisor had received a copy of this petition,
and Mr. Diehl's copy had a note attached "suggestion, how
about renting out new machine and driver to help clean smaller
ponds. Good way to have money for machine and care of the
machine". The Village of Wappingers Falls owns such a machine
and they evidently think this machine belongs to the Town.
MR. JOHNSON moved to refer this petition to the Recreation
Committee for discussion with the Recreation Commission.
Seconded by Mr. McCluskey
Motion Unanimously Carried
c
The Town Clerk was served with a Summons and Complaint from
Bruce and Virginia Stotz against the Town of Wappinger and
Hans Gunderud, Building Inspector/Zoning Enforcement Officer
of the Town of Wappinger on May 5, 1983 re the Building on
Route 9 rented by Justice Court.
Mr. Adams requested that the Town Board set a meeting in order
that he could explain this action.
MR. JOHNSON moved to set a Special Meeting on May 24, 1983
at 7:30 P.M. and recess to Executive Session to discuss this
matter.
Seconded by Mr. Versace
Motion Unanimously Carried
A Freshwater Wetlands Permit Application was received from the
Department of Environmental Conservation regarding the Central
Wappinger Water Improvement Area, Cedar Hill Project.
No action was taken on this application.
An application was received from Gary James Diorio for a
Peddler's License to sell hot dogs.
MR. JOHNSON moved to approve the Peddler's License for Gary
James Fiorio.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Versace requested that the subject of repayment to the New
York City Water Works be discussed at their May 23, 1983 work
shop session. He had some suggestions to make and would like
to listen to any comments the other Town Board members might
have.
Mr. Adams commented that they did Nave a meeting among the
attorneys at least three weeks ago at the County Attorney's
Office for recording the views of the various affected agencies.
The County Attorney's Office assumed the responsibility, at that
time, of further contacting the city as to a decision on how most
advantageous a repayment plan could be work out. Until this report
was received, he felt it would be premature to discuss the matter
at work shop.
There was further discussion on how the Beacon School District
was handling this matter, however Mr. Versace was still of the
opinion that despite what the other affected agencies planned
to do, it was still their responsibility to discuss a plan of
their own in this Town since budget preparation time was approach-
ing. The other Board Members agreed that it could be discussed
to a certain point as to their suggestions and recommendations
on the repayment.
MR. JOHNSON moved to adjourn the meeting, seconded by Mr.
McCluskey and unanimously carried.
The Meeting adjourned at 10:30 P.M.
at.tuL
aine ri. Snowden
Town Clerk
Reg. Mtg. 5/9/83
1
LOCAL LAW NO. 3 OF 1983
Be it enacted by the Town Board of the Town of Wappinger as
follows:
ARTICLE 1
APPLICABILITY
This local law amends Local Law No./,..) of 1981 which provides
the basic method for administration and enforcement of the New
York State Fire Prevention Code in the Town of Wappinger and shall
establish powers, duties and responsibilities in connection
therewith.
ARTICLE 2
ADMINISTRATION
There is hereby designated a Bureau of Fire Prevention,
hereinafter referred to as "the Bureau", to administer and enforce
the State Fire Prevention Code within the Town of Wappinger. The
Bureau shall consist of eight (8) members. Two (2) members,
active firefighters, representing each fire district in the Town
of Wappinger, shall be designated by their respective District
Board of Fire Commissioners and approved by the Town Board of the
Town of Wappinger. The Town Board shall also designate the Town
Building Inspector and the Town Fire Inspector as members of the
Bureau. The term of office of each fire district member shall be
two (2) years excepting that one member of each fire district
appointed in 1981 shall be for an initial term of one (1) year.
Any vacancy shall be filled for the balance of the term.
There is hereby created the office of Fire Inspector of the
Town of Wappinger. Said Fire Inspector shall assist in the
administration and enforcement of this local law.
ARTICLE 3
RULES AND REGULATIONS
A. The Bureau may adopt rules and regulations, approved by
the Town Board, for the administration and enforcement of the New
York State Fire Prevention Code. Such rules and regulations shall
not conflict with the New York State Fire Prevention Code, this
local law or any other provision of law.
B. The Bureau shall publish all rules and regulations at
least twenty (20) days prior to the effective date thereof in
a newspaper of general circulation within the Town of Wappinger.
ARTICLE 4
PERMITS
A. Upon payment of a fee as prescribed in a schedule of fees
adopted by the Bureau and approved by the Town Board, permits
shall be issued by the Bureau and hear the name and signature of a
member of the Bureau and shall specify:
(1) Activity or operation for which permit is issued.
(2) Address or location where activity or operation is to be
conducted.
(3) Name and address of permittee.
(4) Permit number and date of issuance.
(5) Period of permit validity.
B. Permits shall not be transferable, and any change in
activity, operation, location, ownership or use shall require a
new permit.
C. Permits shall continue until revoked or for a period of
time designated at the time of issuance. An extension of the
permit time period may be granted, provided a satisfactory reason
can be shown for failure to start or complete the work or activity
authorized within the required time period.
D. Revocation shall take place when it has been determined
by the Bureau or the Building Inspector that there is
nonconformance with the fire code or any provision of this local
law or there has been misrepresentation or falsification of
material facts on the application. Revocation shall be by written
notice advising the permittee of violations found to exist.
E. Permits shall be obtained for the following:
(1) Acetylene generators. To operate an acetylene generator
having a calcium carbide capacity exceeding five (5) pounds.
(2) Automobile tire rebuilding plants. To operate an
automobile tire rebuilding plant.
(3) Automobile wrecking yards. To operate an automobile
wrecking yard.
(4) Bowling establishments. For bowling pin refinishing and
bowling lane resurfacing operations involving the use and
application of flammable or combustible liquids or materials.
(5) Cellulose nitrate motion-picture film. To store, keep
or have on hand more than twenty-five (25) pounds of cellulose
nitrate motion-picture film.
(6) Cellulose nitrate plastics (pyroxylin).
(a) To store, keep or have on hand more than
twenty-five (25) pounds of cellulose nitrate plastics
(pyroxylin).
(b) To manufacture articles of cellulose nitrate
plastics (pyroxylin), which shall include the use of cellulose
nitrate plastics (pyroxylin) in the manufacture or assembling of
other articles.
(7) Combustible fibers. To store, handle or use combustible
fibers in quantities in excess of one hundred (100) cubic feet,
except agricultural products on a farm.
(8) Combustible materials. To store combustible materials,
including but not limited to empty combustible packing cases,
boxes, barrels or similar containers, rubber tires, baled cotton,
rubber, cork or other similar materials in excess of two thousand
five hundred (2,500) cubic feet gross volume, on any premises.
(9) Compressed gases.
(a) To store, handle or use at normal temperatures and
pressures more than:
(1) Two thousand (2,000) cubic feet of flammable
compressed gas; or
(2) Six thousand (6,000) cubic feet of
nonflammable compressed gas.
(b) To store, handle or use any quantity of liquified
natural or hydrogen gas.
(10) Cryogens. To store, handle or use cryogenic fluids,
except cryogens used as a motor fuel and stored in motor vehicle
tanks, as kaalloroduction, sale or storage of cryogenic fluids,
(b) Storage or use of flammable cryogenic fluids,
cryogenic oxidizers or liquified oxygen in excess of ten (10)
gallons.
(11) Dry-cleaning plants. To use in excess of four (4)
gallons of solvents or cleaning agents calssified as flammable or
combustible.
(12) Dust-producing plants. To operate any grain elevator,
flour, starch or feed mill, woodworking plant, or plant
pulverizing aluminum, coal, cocoa, plastics, magnesium, spices,
sugar, sulfur or other materials producing explosive-potential
dust.
(13) Explosive, ammunition and blasting agents.
(a) To manufacture, possess, store, sell or otherwise
dispose of explosives and blasting agents.
(b) To use explosives or blasting agents.
(c) To operate a terminal for handling explosives or
blasting agents.
(14) Flammable and combustible liquids.
(a) To store, handle, or use flammable liquids in
excess of six and one-half (6 1/2) gallons inside dwellings, or in
excess of ten (10) gallons inside any other building or other
occupancy, or in excess of sixty (60) gallons outside of any
building. This provision shall not apply to: liquids in the fuel
tank of a motor vehicle, aircraft, portable or stationary engine,
boat or portable heating plant; paints, oils, varnishes or similar
flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes.
(b) To store, handle or use combustible liquids in
excess of twenty-five (25) gallons inside a building, or in excess
of sixty (60) gallons outside of a building. This provision shall
not apply to fuel oil used in connection with oil -burning
equipment.
(c) A permit shall be obtained for the initial instal-
lation of an oil burner and a fuel oil tank used in connection
therewith. A permit shall be required for the replacement of a
fuel oil tank connected to an oil burner.
(d) For processing, blending or refining of flammable
or combustible liquids.
(15) Flammable finishing. For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(16) Fruit ripening process. To conduct a fruit ripening
process using ethylene gas.
(17) Fumigation and thermal insecticidal fogging. To
conduct fumigation or thermal insecticidal fogging operations.
(18) Hazardous chemicals.
(a) To store, handle or use more than fifty-five (55)
gallons of corrosive liquids, or more than fifty (50) pounds of
oxidizing materials, or more than ten (10) pounds of organic
peroxides, or more than fifty (50) pounds of nitromethane, or one
thousand (1,000) pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing sixty
percent (60%) or more of ammonium or any amount of toxic material
or poisonous gas.
(b) To store, handle or use any quantity of
air -reactive, water -reactive or unstable materials.
(19) Junkyards. To operate a junkyard.
(20) Liquified petroleum gas. For each installation of
liquified petroleum gas employing a container or an aggregate of
interconnected containers of over two thousand (2,000) gallons'
water capacity, and for each permanent installation, irrespective
of size of containers, made at buildings in which twenty (20) or
more persons congregate fo civic, political, educational,
religious, social or recreational purposes. Installers shall
maintain a record of all installations and replacements of
portable cylinders and have it available for inspection.
(21) Lumberyards. To operate a lumberyard.
(22) Magnesium. For melting, casting, heat treating,
machining or grinding of more than ten (10) pounds of magnesium
per working day.
(23) Matches.
(a) To manufacture matches.
(b) To store matches in excess of twenty-five (25)
cases. (Note: One (1) case equals one (1) matchman's gross of
fourteen thousand four hundred (14,400) matches).
(24). Organic coatings. To perform organic coating
operations utilizing more than one (1) gallon of organic coating
on any working day.
(25) Ovens and furnaces. To operate industrial processing
ovens and furnaces operating at approximately atmospheric
pressures and temperatues not exceeding one thousand four hundred
degrees Fahrenheit (1,400 degrees F.) which are heated with oil or
gas fuel or which during operation contain flammable vapors from
the material in the oven or catalytic combustion system.
(26) Places of assembly. To maintain, operate or use a
place of assembly.
(27) Service stations and repair garages. To operate a
service station or repair garage.
(28) Welding and cutting. To operate a welding and cutting
business. A record of all locations where welding or cutting
operations are performed shall be maintained and kept available
for inspection by the permit holder.
F. Consolidated permits. When more than one (1) permit is
required for the same property or premises, a single permit may be
issued listing all materials or operations covered. Revocation of
a portion or portions of such consolidated permit. for specfic
hazardous materials or operations shall not invalidate the
remainder.
G. Location of permits. Permits shall be kept on the
property or premises covered by the permit or carried by the
permit holder.
H. Revocation of permits. When it is determined there is a
violation of a condition under which the permit was issued or
there has been misrepresentation or falsification of material
facts in connection with the permit application or a conditon of
the permit or the building inspector, permits may be suspended or
revoked upon seven (7) days notice advising the permit holder of
the intended suspension and advising him he may protest in writing
the supervision or revocation. provided that such answer or
protest is delivered to the building inspector no later than
within seven (7) days of mailing. Such provisions shall not be
applicable in the event of an emergency.
ARTICLE 5
INSPECTIONS
A. The Bureau, the Building Inspector, the Fire Inspector.
or their designated representatives -shall conduct periodic
inspections of any premise within the Town of Wappinger to
ascertain compliance with the provisions of the New York State
Fire Prevention Code. Such inspections may be made at any
reasonable time.
B. If entrance to make an inspection is refused or cannot be
obtained, the Bureau, the Building Inspector or the Fire Inspector
may apply for a warrant to make an inspection to any court of
competent jurisdiction.
ARTICLE 6
ADDITIONAL DUTIES AND POWERS OF BUREAU
A. The Bureau of Fire Prevention shall designate any
areas at, on or near any interior street, roadway or driveway in
which any obstruction due to the parking or placing therein of any
automobile, truck, motor vehicle or any other physical object or
material will cause interference with the ingress and. egress of
fire-fighting equipment, or which will create a condition
dangerous to life or property in the event of fire. Such areas
shall thereupon be marked with standard police signs and/or such
other markings deemed necessary and proper by the Bureau,
indicating that said area is a restricted fire zone. The parking
of any automobile, truck, motor vehicle or any other physical
object or material within any such restricted fire zone is hereby
expressly prohibited. Said signs and markings shall be installed
by and at the expense of the owner of the property, and upon his
failure to do so, he shall be guilty of a violation of this local
law and subject to the enforcement provisions thereof.
Notwithstanding and not in limitation of any provision hereof, no
automobile, truck or other motor vehicle, and no physical object
or material of any nature, shall be parked, placed or permitted
to remain for any length of time whatever within twenty (20) feet
of any fire hydrant or standpipe located at, on or near any
interior street, roadway or driveway within any premises
classified under the zoning ordinance as multiple residence.
B. The Bureau shall insure the inspection of all hydrants
installed within the Town of Wappinger, private or publicly owned
and that all fire hydrants within the Town shall be subject to
periodic testing. All hydrants shall he maintained in an operable
condition and shall meet minimum ISO fire flow standards for
residences and they shall be clearly marked in all weather and
kept accessible for Fire Department use by the owners.
C. In addition, the following will be subject to review and
approval by the Bureau when not in conflict with applicable New
York State, Dutchess County or Town of Wappinger law:
(1) The minimum acceptable width of roads used as access or
egress to apartments, commerical or general business buildings or
shopping area complexes.
(2) Hydrant locations in apartments, commercial or general
buisiness buildings or shopping area complexes.
(3) Access to the hydrants and availability of fire lanes
to and adjacent to apartments, commercial or general business
buildings or shopping area complexes.
(4) Smoking in places of public assembly.
(5) Allowable occupancy in places of public assembly.
D. Approval in writing for conformance with existing fire
prevention ordinance or laws must be obtained from the Bureau
before construction of new multiple dwelling developments, apart-
ment complexes, shopping centers or commercial or general business
buildings may be implemented.
ARTICLE 7
VIOLATIONS
A. A person owning, operating, occupying or maintaining pro-
perty or premises within the scope of the New York State Fire
Prevention Code or this chapter shall comply with all the provi-
sions of the New York State Fire Prevention Code, this chapter and
all others, notices, rules, regulations or determinations
issued in connection therewith.
B. Whenever the Bureau, the Building Inspector or the Fire
Inspector finds that there has been a violation of the New York
State Fire Prevention Code, this chapter or any rule or regulation
adopted pursuant to this chapter, a violation order shall be
issued to the person or persons responsible.
C. Violation orders shall be in writing; shall identify the
property or premises; shall specify the violation and remedial
action to be taken; shall provide a reasonable time limit for
compliance; and shall state the time within which an appeal may be
taken.
D. Violation orders may be served by personal service, by
mailing by registered or certified mail, or by posting a copy
thereof in a conspicuous place on the premises and by mailing a
copy thereof to the premises on the same day as posted, enclosed
in a postpaid wrapper addressed to the person responsible.
E. In case the owner, lessor, occupant or the agent of any
of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified in the violation
order, the owner shall be subject to the penalties prescribed in
Article 8 of this local law.
F. Whenever the Bureau, the Building Inspector or the Fire
Inspector, at any stage of the proceedings instituted under the
provisions of this local law, finds that a violation exists which,
in his opinion, requires immediate action to abate a direct hazard
or immediate danger to the health, safety, morals or welfare of
the occupants of a building or of the public, he may, without
prior notice or hearing, issue an order citing the violation and
directing that such action be taken as is necessary to remove or
abate the hazard or danger. Notwithstanding any other provision
of this chapter, such order shall be effective immediately upon
service and shall be complied with immediately or as otherwise
provided.
ARTICLE 8
PENALTIES FOR OFFENSES
A. Failure to comply with any provision of the New York
State Fire Prevention Code, this chapter, rules or regulations
adopted pursuant to this chapter or a violation order shall be
deemed a violation, and the violator shall be liable for a fine
of not more than two hundred fifty dollars ($250.00) or
imprisonment not to exceed fifteen (15) days, or both, and each
day such violation continues shall constitute a separate
violation. Any person found to be in violation shall also be
subject to civil penalties in the amount of $250.00 per day for
each day any violation continues, and each day shall constitute a
separate violation.
B. An action or proceeding in the name of the Town of
Wappinger may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of the New York State Fire Prevention Code, this
chapter, rule or regulation adopted pursuant to this chapter or a
violation order, or to vacate the occupancy or building in the
case of imminent danger to life or property. Such remedy shall be
in addition to penalties otherwise prescried by law.
ARTICLE 9
RECORDS
The Building Inspector shall keep official records of all
permits, inspection reports, recommendations, complaints and
violation orders. He shall be assisted by the Fire Inspector.
ARTICLE 10
REMOVAL OF DANGEROUS BUILDINGS AND STRUCTURES
A. A building or structure or part thereof which is an
imminent danger to life and safety of the public as a result of a
fire or explosion is hereby declared to be a public nuisance.
B. Whenever the Bureau, the Building Inspector or the Fire
Inspector finds a building or structure or part thereof to be an
imminent danger to life and safety of the public as a result of a
fire or explosion, the Bureau, the Building Inspector or the Fire
Inspector may cause it to be demolished and removed or may cause
such work to be done in and about the building or structure as may
be necessary to remove the danger.
C. The Bureau, the Building Inspector or the Fire Inspector
may require the occupants of any such building or structure or
part thereof to vacate the premises forthwith. No person shall
use or occupy such building or structure or part thereof until it
is made safe. Except for the owner, no person shall enter
premises which have been ordered vacated unless authorized to
perform inspections, repairs or to demolish and remove such
building or structure or part thereof.
D. All costs and expenses incurred by the Town of Wappinger
in connection with any work done to remove the danger or in con-
nection with the demolition and removal of any such building or
structure shall be assessed against the land on which such build-
ing or structue is located, and a bill for such expenses shall be
presented to the owner of the property, or if the owner cannot be
ascertained, then such bill shall be posed in a conspicuous place
on the premsises. Such assessment shall be and constitute a lien
upon such land. If the owner shall fail to pay for such expenses
within ten (10) days after the bill is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an alternative to the maintenance of any
such action, the Bureau may file a certificate of the actual
expenses incurred as aforesaid, together with a statemetnt
identifying the property in connection with which the expenses
were incurred and the owner thereof, with the Assessor, who shall
in the preparation of the next assessment roll assess such amount
upon such property. Such amount shall be included in the levy
against such property, shall constitue a lien and shall be
be collected and enforced in the same manner, by the same
proceedings, at the same time and under the same penalties as is
provided by law for the collection and enforcement of real
property taxes in the Town of Wappinger.
ARTICLE 11
REPEALER
All ordinances or local laws, or parts thereof inconsistent
with the provisons of this local law are hereby repealed to the
extent of such inconsistencies.
ARTICLE 12
SEVERABILITY
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not effect, impair or
invalidate any other clause, sentence, paragraph, section or part
of this local law.
ARTICLE 13
A. No liability shall be attributed to the Town of
Wappinger, its employees or officers, the Bureau of Fire
Prevention, the Fire Districts, the Chief or Assistant of a Fire
District or to such Inspectors as they shall appoint, if they fail
to take such inspection as called for in this law.
B. The Town of Wappinger, its employees or officers, the
Bureau of Fire Prevention, the Fire District, their Chiefs and
Assistants or Fire Inspector shall not be held liable should fire
or other damage occur after they have made an inspection or issued
a permit, under the provisions of this law.
ARTICLE 14
EFFECTIVE DATE
This local law shall take effect as provided by law after
filing of copies with the Secretary of State.
WAIVER OF NOTICE OF SPECIAL
MEETING OF THE TOWN BOARD OF
THE TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
The undersigned, being all of the members of the Town Board
of the Town of Wappinger, Dutchess County, New York do hereby
waive notice of the time and place of the holding of a Special
Meeting of said Town Board, and do hereby agree and coisent that
the same be held on the 23rd day of May, 1983, at Aiont P.M. o'clock
in the afternoon of that day at the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers Falls, Town
of Wappinger, Dutchess County, New York, for the transaction of
all business which may properly come before the meeting or any
adjournment thereof.
Councilman
a1 22Z2
Councilwoman
Due and timely notice of the above men
hereby admitted.
111
ioned meeting is
ne H. Snowden
Town Clerk
Town of Wappinger
A Special Meeting of the Town Board of the Town of Wappinger
was held on May 23rd, 1983 at 7:45 P.M. at the Town Hall, Mill
Street, Wappingers Falls, New York.
0114114 ‚°°
p• vio0 Wfde 41 7 7* "
000 14.7 W. c. eaPit
All Board Members being present, and having signed the above
waiver of Notice of Special Meeting, each for himself,
Supervisor Diehl called the meeting to order at 7:45 P.M.
Mr. Diehl noted that this Special Meeting was called for the
purpose of setting a public hearing on a petition from U. S.
Cablevision Corporation for an Amendment to a Franchise to
increase rates of the CATV system servicing the Town of
Wappinger.
MRS. MILLS moved to set a public hearing on June 8, 1983 at
7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls,
New York to hear all interested persons concerning a proposed
increase in Cablevision Rates petitioned for by U. S. Cablevision
Corporation.
Seconded by Mr. Versace
Motion Unanimously Carried
There was no other business to come before the Board.
MR. JOHNSON moved to close the Special Meeting, seconded by Mr.
McCluskey and unanimously carried.
The Special Meeting closed at 7:5
Spl. Mtg. 5/23/83
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger on
May 9, 1983, at the Town Hall, Mill Street, Village of Wappingers Falls,
Dutchess County, New York, on a Local Law, Amending Local Law No.1 of
1981 Which Provides the Basic Method for Administration and Enforcement
of the New York State Fire Prevention Code and Shall Establish Powers,
Duties and Responsibilities in Connection Therewith.
Supervisor Diehl opened the Hearing at,7:48 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
Mr. .Ohnsdit moved to waive the reading of the Local Law by the Town Clerk,
Seconded by Mrs.',.Millp and unamimously carried.
Supervisor Diehl asked for comments from the public.
There were no comments either for or against the proposed Local Law.
Mr. McCluskey moved to close the Public Hearing, seconded by Mrs. Mills
and unanimously carried.
The Hearing closed at 7:51 P.M.
Elaine H. Snowden
Town Clerk
TM Clad S. ID.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
—27.V"w
NOTICE''1S 'HEREBY 'GIVEN .that.,
there has,=been duly presented 'and, --"1
introduced• before the Town Board of
the Town-,ot Wappinger, Outcries* T
County, New York on April 11th, 1983, a w�
proposed Local Law Amending Local
Law No. ii of 1981 which provide* baste
method for administration and en- `.,
forcemeat' of' the New •-York Fire:'
Prevention Code In the Town—of
Wapping& and shall establish powers,
. duties and responsibilities ' in .con
nection therewith_ This amendment
would permit a fire inspector to enforce • ,
the provision$ ,of . the Fire ,Preventloft
C NOTICE IS FURTHER GIVEN that the«
Town- Boardwilt conduct'. a: Public'
Hearing on the proposed Local- Law at
the Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County,
New York; on May 91h. 1983 at 7:45 P.M.
EDT, on such date, at which time all
-.parties interested will.be heard.
NOTICE IS: FURTHER GIVEPL that
copies of'the proposed Local Law will
be avail examination• and in••,
• spection at office of the Town Clerk
of the Towyn f Wapping& in the Town
_Hall be the date of this, notice
, and the de !the public hearing.
E♦aleH. Snowden
Town Clerk
v^ •Town ofW
Date:.Apq t 320983
:1
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
aleese4 .$C -tP of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Bookkeeper
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 one weeks successively ..once
. in each week, commencing on the 2?thday of AFr•.
. 19..83, and on the following dates thereafter, namely
on
and ending on the 27th day of AAril
19.83 . both days inclusive.
Subscribed and sworn to before me
this
27th
day of.. APrii ... 19 83
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
Q'JALif1EI IN Stam; -SR COulTY
sl 14.0240760
COMMISSION EXPIRES MARCH 30. 1814
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW AMENDING LOCAL
LAW NO. 1 OF 1981 WHICH PROVIDES THE
BASIC METHOD FOR ADMINISTRATION AND
ENFORCEMENT OF THE NEW YORK STATE FIRE
PREVENTION CODE AND SHALL ESTABLISH
POWERS, DUTIES AND RESPONSIBILITIES IN
CONNECTION THEREWITH.
STATE OF NEW YORK )
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 April 22nd, 1983, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
Local Law Amending Local Law No. 1 of 1981 which provides
the basic method for administration and enforcement of
the New York State Fire Prevention Code, on the signboard
maintained by your deponent in her office in the Town Hall
of the Town of Wappinger, Mill Street, in the Village of
Wappingers Falls, Dutchess County, New York.
Sworn to before me this
day of ro4t 1983.
•
NoPublic
jOILMAt 1,3
Elaine H. Snowden
Town Clerk
Town of Wappinger
VIRGILIO HERNANUU,
,try Pub:tc idlof Yak Sim
dins trk tilautr County kc
hookas.* anima Wu* 59. /
A Public Hearing was held by the Town Board of the Town of Wappinger on
May 9, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls
•
Dutchess County, New York, In the Matter of An Amendment •to the Zoning
Ordiance Of The Town Of Wappinger For The Purpose of Clarification Of
Definitions.
Supervisor Diehl opened the hearing at 7:55 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
Kenneth Croshier, Highway Superintendent
The Town Clerk offered for the record the Affidavits of Posting and Publication
duly signed and notarized.( These Affidavits are attached herto and made part
thereof of the minutes of this Hearing. )
Communications were received from Town of Wappinger Planning Board as follows:
" At the April 18th, 1983 meeting of the Planning Board, a motion was made by
Mr. Fanuele, seconded by Mr. Mills, to recommend to the Town Board that these
changes be made."
The motion was carried.
Communications were received from The Dutchess County Department of Planning
as follows:
The Dutchess County Department of Planning has reviewed subject referral
within the framework of General Municipal Law (Article 12B, Sections 239-1
and 239-M) and finds the decision in this matter primarily involves matters
of local concern.
The Dutchess County Department of Planning, therefore, recommends the decision
be based upon local study of the facts in the case.
The Dutchess County Department of Planning does not presume to base its
decision on the legalities or illegalities of the facts or procedures enumerated
in subject zoning action. (Dated April 25, 1983.)
Supervisor Diehl asked if anyone wanted to speak.
Mr. Howard Jones, from Roberson Lane wanted to know, why this was brought up for
the first time, since a friend of Lou Diehl objected to the submission for the
camp site, why was it changed, its been oEksince 1980. Mr. Diehl, objected to
the phrase "friend of Lou Diehl". Mr. Johnson explained that the definition
was not clear and he wanted to clear it up.
Mr. Adams added that there was n4 change just a clarification.
Mr. Charles Jennings from the Southern Dutchess Association said he was
in favor.
Mr. Diehl asked if there were any other comments from the public either
for or against this amendment, no one else wished to speak for or against
the amendment.
Mr. McCluskey moved to close the Public Hearing, seconded by Mr. Johnson,
and unanimously carried.
The Hearing closed at 8:02 P.M,.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN AMENDMENT TO THE ZONING ORDINANCE
OF THE TOWN OF WAPPINGER FOR THE
PURPOSE OF CLARIFICATION OF DEFINITIONS.
STATE OF NEW YORK )
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 April 22nd, 1983, your deponent posted a
copy of the attached notice of Public Hearing on an
amendment to the Zoning Ordinance for the purpose of
clarification of definitionson the signboard maintained
by your deponent in her office in the Town Hall of the
Town of Wappinger, Mill Street, in the Village of Wappingers
Falls, Dutchess County, New York.
MILLAAA\2„1,0(02.4,._
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of
Notary,
0
Public
1983.
FtE,Lr44P:0EZ, JR.
ware Public al i:n1 York Biat.
1{fa•dioi iu tli.da' LOLItt
towsoatloe nova Mock a*,
TIS'' o a
TILL
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
PLEASE T'AKENOTICE that t'ire Town C"
Board of the Town of Wappinger will -
conduct a Public Hearing at the Town
Hall, Mill, Street, Wappingers 'Falls,
Dutchess CountyNew York, on May
55
9th, 1983 at 7.PM., EDT, on an Or-
dinance Amending,.. the Zoning Or-
dinance of the Tow of-Wappinger as ;
- follows:
The following _Ordinance' was-. lla-
• troduced by Councilman Johnson:
An amendment to the zoning or-
dinance of the Town of Wappinger for
the purpose of clarification -of
definitions.
• BE IT ORDAINED by the Town Board
• of the Town of Wappinger as follows:
1. The zoning ordinance -of the Town
of Wappinger adopted March -11,1980
is amended by adding a Article 2
(Definitlona)rthe following definition,
the same to be Inserted In their ap-,
proprlate alphabetical sequence:
SCAMP,, PRIVATE:.A camp for the
personal, use of Its owner and his
guests which Is not maintained for hire,'
remuneration or sale.
CAMP, PUBLIC: A camp which In
whole or part Is kept or maintained for -
remuneration, Mrs or rent; a camp for
transients for hire,' including but not
limited to recreational vehicles or other
camping activities providing
facilities
for ovemight staye.A public camp ah
be dee a recreational • use and 1
activitym'..� �+ _ _.• �_.
2. Thisordinan.e.a ihalt take effect as
provided by Law. =
Elaine H. Snowden
Town Clerk
Dated: April2 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 hereinafter was, the ... Bookkeeper
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 ... one.... weeks successively ...ones
. in each week, commencing on the nth, . day of .Apr.*
. 19.3 . and on the following dates thereafter, namely
on
and ending on the .. 27.th day of,App
19. B. both days inclusiv
Subscribed and sworn to before me
this . 27th day of.. pril .... I9&3
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
QUAI.IFIEO 11 01ITCHESS COUNTY
#14-8240760
COMMISSION EXPIRES MARCH 30. IAA