1983-03-14 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MARCH 14, 1983
1 Supervisor Call Meeting to Order
2. Roll Call
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes
4. REPORTS OF OFFICERS!
Town Justices Bldg/Zng Receiver of Taxes Hydrant Report
Compt/Supervisor thru Dec. 31, 1982
PETITIONS & COMMUNICATIONS
A. Mrs. Marianne Rasch re: petition regarding Quiet Acres Recreation
uses
B. Don Calkin re: reimbursement for repair of water line on property
C. Request from Village of Wappingers Falls to use Town Voting
machines for March elections
D. Response from Dutc ess Co. Dept. of Public Works re: CR93 (Myers
Corners Rd.) Culvert near Lo3ee Rd.
E. Responses from: 1. Dutcless Co. Dep. Public.Norks re; Speed licit
request for Myers Corners Rd.: 2. New York State DOT re: Traffic
lite at Rte 9 -Myers Corners intersection.
F. Requests from Hans Gunderud and E. Snowden to attend Conferences, and
application available for Dog Control Officers to attend Training
School in Cableskill June 19t - 24t.
G. Legal Notice of Public Hearing T/W Ping. Bd. re: Eddie Shelley
property -Robinson Lane
H. R.E. Lapar submission of Short form Environmental Assessment fora
for Hunters Creek stream cleaning.
I. Correspondence from Attorney to Town re: RV Camp Application
J. R. Murph request to become tenant to Mid Point Sewer Dist. with
recommendation from Jack Hill
' 6. COMMITTEE REPORTS
7. RESOLUTIONS
A. Carmel Heights Tenant to Rockingham Sewer Dist.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Meeting of the Town Board of the Town of Wappinger
was held on March 14th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:02 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
The meeting began with the Pledge of Allegiance to the American
Flag.
The Minutes of the Regular Meeting of February 14, 1983 and
the Special Meeting of March 7, 1983, having previously been
sent to all Board Members, were now placed before them for their
consideration.
MR. MCCLUSKEY moved that the Minutes of the Regular Meeting of
February 14, 1983 and the Special Meeting of March 7, 1983, be
and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports were received for the month of February from the Town
Justices, Building Inspector/zoning Administrator, Receiver of
Ties, Hydrant Report for January and February and the Comptroller/
Supervisor Report through December 31, 1982.
MR. JOHNSON moved that the above stated reports be accepted and
placed on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
A petition was received from the residents of Quiet Acres with
76 signatures concerning plans for the playground on Helen Drive
which they felt should be directed to more activities and programs
for the children similiar to those offered in the Summer Program
sponsored by the Recreation Commission. There were residents
from that area present at the meeting, however, when Mr. Diehl
asked for comments from them, none were offered.
MR. JOHNSON moved to forward the petition to the Recreation
Commission for their review and report to the Town Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from Don Calkins, 63 Edgehill Drive
regarding a water leak at his residence and a request for
reimbursement for his expenses to repair the leak.
MR. JOHNSON moved to table this matter until the next meeting
for further discussion by the Committee.
Seconded by Mrs. Mills
Motion Unanimously Carried
A request was received from the village of Wappingers Falls for
the use of three voting machines from the Town for the annual
Village election on March 15, 1983.
MR. MCCLUSKEY moved to grant permission to the Village of Wappingers
Falls for the use of three voting machines for their annual election.
Seconded by Mr. Johnson
Motion Unanimously Carried
A response was received from Mr. Anagnos, Department of Public
Works, regarding our letter to him on the enlargement of the
culvert on Myers Corners Road in the Losee Road area. His
records did not indicate problems with this culvert and the
project they would be working on in that area did not include
any changes to the culvert.
T he Town Clerk and the Engineer had researched the files and
found several communications to the County referring to the
problems with this culvert and responses to these communications.
Mr. Johnson noted that a meeting was planned with David Ruff of
Dutchess County Mosquito Control and they would present this
documentation to him at that time. Mr. Versace recalled that
he, Mr. Lapar and rir. Spratt met at the culvert site about eight
years ago and Mr. Spratt indicated that they would attempt to
3
correct the problem.
MR. JOHNSON moved to request the Town Clerk and the Engineer to
the Town to compilt all pertinent information and forward same
to the Town Board for their meeting with Mr. Ruff.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A second response from Mr. Anagnos concerned our request for
a speed limit reduction on Myers Corners Road between All Angels
Hill Road and Brothers Road and stated that a formal investigation
had been initiated and a study would be conducted.
MR. JOHNSON moved to receive this communication and place it on
file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The New York State Department of Transportation acknowledged
our letter to them regarding traffic signal phasing at the
intersection of Route 9 and Myers Corners Road and Route 9
and Middlebush Road.
MR. MCCLUSKEY moved to receive this communication and place it
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
Requests were received from Mrs. Snowden to attend the New
York State Town Clerks Association in Syracuse, New York from
April 24th through the 25th, 1983, and from Hans Gunderud to
attend the Finger Lakes Building Officials Association School
in Rochester, New York from April 25th through April 27th, 1983.
Mrs. Snowden also noted that an Animal Control Academy would
be held in Cobleskill, New York from June 19th through June 24th,
1983 for the Dog Control Officers.
MR. MCCLUSKEY moved that Mrs. Snowden, Mr. Gunderud and the
Dog Control Officers be given permission to attend their
respective conferences and their legitimate expenses would be
a Town charge.
Seconded by Mr. Johnson
Motion Unanimously Carried
A Notice of Public Hearing was received from the Planning
Board regarding a proposed six lot subdivision on Robinson
Lane.
MR. JOHNSON moved to receive this notice and place it on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
The Short Form Environmental Assessment Form for the Hunter's
Creek Stream Cleaning Project was received from Mr. Lapar and
he indicated that the project has no significant environmental
effect.
MR. JOHNSON moved to receive the notification and place it on
file.
Seconded by Mrs. Mills 1/1A
—
Motion
Motion Unanimously Carried
A letter was received from the Attorney regarding a special
permit for a recreational vehicle camp on Robinson Lane.
It was noted by Mr. Johnson that this matter was referred to
the Attorney at the last meeting to clarify the section of the
Ordinance pertaining to the issuance of special permits; one area
of this section specifies that all permits for recreational
activities come under the purview of the Town Board. There is
presently before the Zoning Board of Appeals, an application for
a permit for this recreational vehicle camp. Mr. Adam's letter
indicates that the possibility exists that the Zoning Board of
Appeals is not the correct agency for the issuance of this permit.
Mr. Johnson had contacted the Chairman of the Zoning Board of
Appeals on this matter and received a response from her requesting
a meeting for next Wednesday at 4 PM for further discussion of
this application.
MR. JOHNSON moved to receive Mr. Adam's letter and place it on
file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Several months ago a request was received from Mr. & Mrs. Robert
Murpby to become a tenant to the Mid -Point Sewer District. This
was referred to the Dutchess County Department of Health for their
approval. Mrs. Snowden informed the Board that she had received
a call from Mr. Jack Hill of that department and he explained that
he had just come across this referral and he apologized for what
seemed to be their ignorance of this request. A communication
was subsequently received from the Health Department stating
that they had no objection to the Murphy's hooking into the
Mid -Point Sewer District as tenants. Mrs. Snowden had advised
the Murphys of the conditions of the Tenant Policy and they
agreed to same.
MR. VERSACE moved that Mr. & Mrs. Murphy be given permission
to hook into the Mid -Point Sewer District as tenants to that
district.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Under Committee Reports, Mrs. Mills, Landfill Committee reported
that the Committee had met with Kenneth Croshier to discuss a
Town wide pick-up. They agreed on the last two weeks of April
for the East Side and the first two weeks of May for pick-up
on the West Side of Route 9. All items with the exception of
wood, brush and tires will be picked up at these times.
MRS. MILLS moved that authorization be given by the Town Board
for advertising in the newspaper giving the pertinent information
on the pick-up.
Seconded by Mr. Versace
Motion Unanimously Carried
As of this date, there was no information on when the Castle
Point Landfill Site would be open but the Attorney was checking
on the availability of the site and would have a report at the
next meeting.
Mr. Johnson reported that the Town Board has met with pro-
spective Fire Inspectors several times and they are in the
process of creating a new program.
MR. JOHNSON moved that the Attorney prepare the necessary
documents 1. to create the position of Fire Inspector under the
direction of the Building Inspector, 2. giving the proper author-
ization to the Building Inspector and 3. to establish inspection
fees.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. McCluskey, Building Committee, reported that the Town Board
met last week with B & D Contracting Company and were shown
pictures of a steel building and the interior layout. The Board
viewed this layout, made recommendations and this company will
come back with second floor plans. They also met with Mr. Lodie,
architect with the engineering
arrangements to visit the Town
and one of the partners of the
firm of Paggi & Martin and made
of Newburgh Town Hall with him
firm.
The layout of this particu-
lar building proved to be the most appealing of the ones they
have seen so far.
MR. MCCLUSKEY moved that the Highway Superintendent be authorized
to clear the area at the Middlebush Road site that will encompass
the proposed Town Hall and the parking lot, as soon as possible.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. McCluskey continued and stated that the Board
they would hire an architect and engineering firm
of both. No decision has been made but they have
agreed that
or combination
spoken to the
firm of Paggi and Martin and to Mr. Lodie and also the man who
designed the Town of Newburgh Town Hall. He hoped they would
break ground as soon as possible and had hopes that it would be
done by the end of the year. He invited comments from the other
Board Members since they were all involved.
Mr. Versace had received correspondence from Mr. Schaetzl of
Central Hudson regarding the relocation of four poles on Montfort
Road. He intended to set a meeting within the week with Mr.
Schaetzl and Mr. McCluskey (Lighting Committee) at the site so
they would see exactly where the poles would be moved to.
The following resolution was offered by COUNCILMAN VERSACE
who moved its adoption:
In the Matter of the Establishment of the Carmel
Heights Sewer Improvement District in the Town of
Wappinger Pursuant to Article 12-c of the Town Law
WHEREAS, the Town Board of the Town of Wappinger previously
duly adopted a resolution directing the Engineer to the Town to
supervise the preparation of a plan, report and map for providing
a sewer improvement in an area of the Town of Wappinger as here-
inafter described, and
WHEREAS, after the said Engineer to the Town duly filed
said plan, report and map in the office of the Town Clerk of the
Town of Wappinger, the said Town Board did, on February 14, 1983,
duly adopt bounaaries of the proposed benefitted area, the maximum
amount proposed to be expended for the improvement, the proposed
method of apportioning the costs of such improvement, the proposed
method of financing to be employed, the fact that a plan, map and
report describing the same are on file in the Town Clerk's Office
for public inspection and specifying that said Town Board shall
meet at the Town Hall on the 14th day of March, 1983 for the
purposes of conducting a public hearing on such proposal to
provide said improvement, and to hear all persons interested in
the subject thereof concerning the same, and
WHEREAS, copies of said order were duly published and
posted according to law, and said Town Board did, at the time
and place specified in said order, duly meet and consider such
proposal and heard all persons interested in the subject thereof,
who appeared at such time and place, concerning the same, and
WHEREAS, the evidence offered at such time and place
requires that the Town Board make the determination hereinafter
made;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the
Town of Wappinger that it be and hereby is determined as follows:
(1) The notice of hearing was published and posted as
required by law and is otherwise sufficient.
(2) That all of the property within the proposed
benefited area is benefited by the proposed improvement.
(3) That all of the property benefited is included
within the proposed benefited area.
(4) It is in the public interest to provide the sewer
improvement as hereinafter described, and be it
FURTHER RESOLVED, that the Town Board does hereby approve
and authorize the construction of sewer transmission lines
together with necessary appurtenances as more fully described
in the report of the Engineer to the Town in the area of the
Town of Wappinger described in the annexed Schedule A, herein
incorporated by reference, and be it
FURTHER RESOLVED, that the proposed improvements, including
costs of rights of way, construction costs, legal fees and other
expenses shall be financed as provided by agreement between the
Town and the developer, said agreement dated October 13, 1982,
which provides in part that all costs associated with the forma-
tion of the district including but not limited to improvements
necessary therefore, shall be borne by the developer -applicant.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
*Schedule A is attached hereto and made part thereof of the
Minutes of this Meeting.
A drainage problem on the Engley property on Losee Road had
been referred to Mr. Lapar at a previous meeting and at this
time Mr. Versace asked Mr. Lapar if he had a report on the
problem. Mr. Lapar responded that he had set up a meeting
with Mr. Engley but he did not show up, however, he would
set another meeting and pursue the matter.
Mr. Versace then asked Mr. Adams the status on the Atlas Water
Contract; Mr. Adams was still working on the matter and hoped to
have a report at the next meeting.
The next subject Mr. Versace asked about was the Serenity Mission
court case; Mr. Adams informed him the briefs were filed and were
waiting for a date in the court of appeals in Brooklyn.
Another item Mr. Versace brought up for discussion was the
Pondview Subdivision; they intend to develop the remaining lots
in that area and are presently installing storm sewer and water
and sewer lines and he assumed that they will be applying for
building permits in the very near future. As far as he knew,
they have not paid inspection fees or downstream drainage fees
and before building permits are issued, these fees would have
to be paid. He suggested that they meet with the owners and
their attorney to discuss this matter and requested the Attorney
to contact them and invite them to the March 28th work shop.
Mr. Versace then asked the Ordinance Committee if they had made
any progress on the "Mother -Daughter" situation. Mr. Johnson
replied that he had four pages of restrictions ready for Mr.
Adams to prepare an Ordinance on this matter.
Mr. Diehl wrote to the Ordinance Committee regarding "signs",
specifically the Stage Door building and Mr. Johnson informed
him that they had met with the Zoning Boardof Appeals and
discussed this matter. It was agreed at that meeting that if
the Zoning Board wanted changes on that section they would
contact the Ordinance Committee. Mr. Johnson said he would
check with them again.
Correspondence was received from Mr. Adams regarding passing
on fees to the applicant in zoning matters and Mr. Versace
asked what the procedure would be to implement these fees.
Mr. Adams replied that he was working on it and it would
require amendments to the Zoning Ordinance.
MR. VERSACE moved to refer this matter back to the Attorney
to prepare the necessary resolution.
Seconded by Mr. Johnson
Motion Unanimously Carried
There was no other business to come before the Board.
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mrs.
Mills and unanimously carried.
The Meeting adjourned at 8:40 P.M.
Reg. Mtg. 3/14/83
a-81Ara.1,
Elaine H. Snowden
Town Clerk