1983-03-07 SPMA Special Meeting was held by the Town Board of the Town of
Wappinger on March 7th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 7:00 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
Notice of the meeting was sent to all Board Members on February
22nd, 1983, calling said meeting for March 7th, 1983 at 7:00 P.M.
Notices were also sent to the three newspapers and four radio
stations and posted on the Town Clerk's Bulletin Board.
The purpose of this meeting was for the Town Board to consider
action on the following topics:
1. Consider the County Consortium projects and application
for receipt of Grant.
2. Receive and consider Specs for installation of water meters.
3. Authorize solicitation of bids on Water Meters for Central
Wappinger Water Improvement *1.
4. Consider rezoning of Cornell -Drake property.
5. Any other business that may properly come before the Board.
MR. DIEHL moved that the Town apply to Dutchess County Consortium
for funding on a Senior Citizen Community Activities Building on
the Middlebush Road Site owned by the Town.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Lapar stated, when asked, that he would continue to advise
the Board on the proper procedures in applying for these funds.
He requested that the Board give him direction on the plans and
location of the proposed Town Hall in order to determine the
proper location of a second building for Senior Citizens if
this is their intent.
Mr. Diehl suggested that the Building Committee meet with
Mr. Lapar to discuss this project.
The matter of installation of water meters was then placed
before the Board.
MRS. MILLS moved that Mr. Lapar be authorized to draw up
specifications for the installation of water meters for the
Central Wappinger Water Improvement #k1 customers.
Seconded by Mr. Versace
Motion Unanimously Carried
The following Resolution was offered by COUNCILWOMAN MILLS
who moved its adoption:
WHEREAS, the,Central Wappinger Water Improvement District
has determined to engage in a comprehensive program of metering
all residential customers within the district with remote
readiing meters, and
WHEREAS, as a result of autiiowization, the Engineer to the
District has prepared the necessary specifications for water
meters for said district, and
WHEREAS, this project will have no significant environ-
mental impact and is not a Type -1 activity as determined by
the short form environmental impact assessmenet form previously
filed,
NOW, THEREFORE, BE IT RESOLVED that competitive bids be
let pursuant to General Municipal Law Section 103 for remote
reading water meters for the Central Wappinger Water Improve-
ment District, and
BE IT FURTHER RESOLVED that the Engineer to the Town and
the Town Clerk undertake such acts as are necessary to let
said bids, to collect said bids, to open them and to make
recommendations to the Commissioners of said District.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
MR. VERSACE moved to receive and place on file the Short Form
Environmental Assessment Form.
Seconded by Mrs. Mills
Motion Unanimously Carried
3
FINDING STATEMENT
ON
PROPOSED ZONING OR -10A and
TWO STORY OFFICE BUILDING
AT
CORNELL-DRAKE PARCEL
MYERS CORNERS ROAD
TOWN OF WAPPINGER, NEW YORK
INTRODUCTION
This Findings Statement has been prepared in accordance
with Section 617.9 of the regulations implementing the State
Environmental Quality Review Act (SEQR) of the State of New
York. The purpose of this document is to provide a rationale
for agency decisions and declare in a formal manner that all
SEQR requirements for an action requiring a Draft and Final
EIS have been met.
The major thrust of this document is to provide facts
and conclusions, derived from the Draft EIS, public and
Agency comments, and the Final EIS, that would support a
decision to approve the rezoning of the Cornell -Drake Parcel.
It also demonstrates that the proposed action (the development
of an office building complex) minimizes or avoids adverse
environmental effects to the maximum amount practicable, and
incorporates necessary mitigation measures, as practicable.
SUMMARY OF THE SEQR PROCESS
In September 1982, an Environmental Assessment Form was
submitted by the applicant to the Town of Wappinger (lead
agency). Following this, a Public Hearing was held in the
Town of Wappinger at which the applicant (Pizzagalli Develop-
ment Company) and its consultant (Hayward and Pakan Associates)
explained the plans for the property, and the public was invited
to ask questions and comment. Issues of concern brought up by
the public included the effect of the rezoning application,
water supply and aquifer recharge, potential traffic problems
and potential alternative sites.
In November 1982 a Draft EIS was submitted by the applicant
to the Town of Wappinger for review. The submitted Draft EIS
was reviewed by the Town and on December 30, 1982 the Town Board
accepted the Draft EIS and provided its comments to the appli-
cant for response in the Final EIS. A thirty day comment
period was held during which notification of the Draft EIS was
published in NYSDEC's Environmental Notice Bulletin, there was
local press coverage of the project and its issues, and comments
from the public were received by the applicant.
On February 7, 1983, the applicant submitted "A Responsive-
ness Summary" as part of the Final EIS, fulfilling its respon-
sibilities in the SEQR process.
FINDINGS
The major concerns of the publicand the Town of Wappinger
concerning potential impacts to the natural and human environ-
ment, that were raised during coordination between the Town
and the applicant and at the Public Hearing held in September
1982, were adequately addressed in the Draft EIS. Based on
the information provided in the Draft EIS it can be stated
that no significant adverse environmental impacts are to be
expected from the applicant's proposed project. Specifically:
1. Runoff and Drainage - In accordance with Town Ordinance,
the proposed project will be required to limit runoff flows
to that expected without the project. By the use of detention
basins and underground and surface drains, runoff will be
adequately controlled to protect surface water quality and
prevent downstream flooding.
2. Aquifer Recharge - The site itself does not lie
within the aquifer recharge area. In addition, mitigating
measures for the protection of groundwater from contamination
by road use chemicals etc. have been detailed by the applicant.
3. Traffic Problems - A detailed traffic report including
specific recommendations for road and intersection improvements
to eliminate potential problems was prepared by a special traffic
consultant. As part of the proposed plan, the applicant will
make the recommended improvements, to insure adequate traffic
flow and safety.
4. Zoning Issues - One of the major concerns raised by
the public during the SEQR process, was that approval of the
action was contrary to stated town zoning goals and could be
considered "spot" zoning. It has been found that the
proposed rezoning is consistent with the zoning ordinance
and master planning goals of the Town of Wappinger. It has
also been demonstrated that due to the presence of contiguous
andnearbyuses of a similar nature, the proposal is not
a case of spot zoning.
5. Alternatives - Alternative sites were investigated
by the applicant during preparation of the Draft EIS.
Because of site unavailability or lack of needed services
(utilities) the alternative sites were not feasible. Upon
the request of the lead agency, the applicant also compared
the proposed use to other potential uses (residential
development). With the exception of traffic volume generated
(mitigated under the proposal by improvements to roads) and
water usage, the adverse impacts of the proposal were equiv-
alent or less than that of alternative residential development
on the site. Finandial benefits to the Town of Wappinger, in
the form of tax revenue, is significantly higher for the
applicant's proposal than for alternative use.
6. Minor Substantive Issues - During the review of the
Draft EIS and the subsequent comment period a number of
specific issues were raised and responded to in the Final
Responsiveness Summary. These included:
Perimeter type lighting directed inward to
mitigate light spillage onto the adjacent residential
area.
Testing of wells on-site and adequate precautions
taken as per requirements of Dutchess County Department
of Health and NYSDEC, to prevent adverse effects on
capabilities of nearby wells.
Agreement to engage certified archeologists if
historic or archeologic resources are uncovered.
Conformance to the Town of Wappinger's Erosion
Sedimentation Standards and Specifications".
Plans for the identification, marking and protection
of trees on-site that can be preserved during and after
site development and complete protect.Lon of all trees
in the 250 feet buffer strip (except for a 30 foot
wide utility path).
Use of water spraying and temporary paving for
limiting dust generation during construction.
A traffic control plan, approved by the Department
of Public Works, to be implemented during construction
of proposed road improvements.
CONCLUSIONS
In summary it is concluded that based on the information
provided in the Draft and Final EIS, the review and comments
by the public and other agencies, and the responses to these
comments, the proposed action for rezoning of the Cornell -
Drake Parcel and development on that site of an office building
complex:
is environmentally sound
avoids adverse impacts to the extent practicable
is consistent with the environmental and socio-
economic goals of the Town of Wappinger
incorporates into its plan the practicable mitigation
measures to accommodate any unavoidable adverse
environmental impacts.
It is the further conclusion of this Finding Statement
that all SEQR requirements for an action of the type proposed
have been met.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, heretofore application has been made for rezoning
the property commonly known as the "Cornell -Drake Parcel" on
Myers Corners Road, and
WHEREAS, heretofore it has been determined that the
proposed activity is a Type -1 activity requiring the submission
of environmental impact statements, and
WHEREAS, heretofore both draft and environmental impact
statements have been adopted and distributed in accordance
with the statute and regulation, and
WHEREAS, as a prequisite to taking final action on the
application for rezoning itis necessary that the Town Board
adopt a "findings statement" setting forth its finding that
requirements of environmental review have been met and that
rezoning will be consistent with social, economic and other
essential considerations and that the proposed action or
subsequent site plan review will minimize or avoid any
adverse environmental harm to the maximum extent possible, and
WHEREAS, the Town Board of the Town of Wappinger has
separately retained the firm of EcolSciences to assist it
and to act in an advisory capacity with respect to the
preparation of a findings statement,
NOW, THEREFORE, BE IT RESOLVED, that the findings statement
attached hereto be and is the findings statement of the Town
Board of the Town of Wappinger for the proposed rezoning, and
IT IS FURTHER RESOLVED that such findings statement shall
be filed in accordance with regulation and statute.
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, the Town of Wappinger has been requested to
rezone the following -parcel of real property from R-20 to
OR -10A, and
WHEREAS, pursuant to the provisions of the Environmental
Quality Review Act and Local Law No. 2 of 1977 environmental
review has been undertaken, a draft and final EIS filed, and
a Findings Statement adopted, and
WHEREAS, it is consistent with the comprehensive plan
of the town and the interests of the residents of the Town
of Wappinger that such zoning request be granted subject
to the conditions hereafter set forth, said conditions to
assure development in a manner consistent with the interests
of adjacent property owners and the residents of the town
and in substantial conformance with the representations
set forth in the draft and final environmental review
submitted, and
WHEREAS, the Dutchess County Department of Planning by
letter and report dated September 13, 1982, pursuant to
General Municipal Law Section 239-m determined that the
question of rezoning was one for local consideration,
NOW, BE IT ORDAINED as follows:
ONE: The zoning map of the Town of Wappinger shall be
amended by changing the zoning classification of the real
property described hereafter from R-20 to OR -10A.
TWO: The real property which shall be and is rezoned
from R-20 to OR -10A is as follows:
BEGINNING at a point on the Northerly side of Myers
Corners Road, said point being the Southeasterly
corner of lands of now or formerly Reis, running
thence along the Easterly line of lands of said Reis
and lands of now or formerly Canter and Healey the
following; North 77-35-40 West 89.00 feet to a point;
North 00-08-40 West 135.00 feet to a point; North
14-09-20 East 171.29 feet to a point; North 22-18-20
East 556.54 feet to a point; thence North 71-09-40
West 377.00 feet to a point on the Northerly line of
the herein described property, thence along the
Northerly, Easterly and Southerly bounds of said
property, the following; North 16-24-10 East 24.79
feet to a point; North 23-19-30 East 237.28 feet to
a point; North 16-20-30 East 458.26 feet to a point;
North 52-23-20 East 121.19 feet to a point; North
13-00-10 West 164.12 feet to a point; North 1-23-30
West 100.84 feet to a point; North 12-32-30 East 63.42
feet to a point; North 12-08-00 East 74.32 feet to a
point; North 68-46-23 East 390.02 feet to a point;
South 24-39-10 East 128.03 feet to a point; South 76-
04-00 East 99.59 feet to a point; North 50-51-50 East
338.54 South 20-17-20 East 870.55 feet to a point;
South 43-54-40 West 545.47 feet to a point; South 44-
06-20 West 472.29 feet to a point; North 70-33-40 West
279.29 feet to a point; South 22-18-20 West 607.27 feet
to a point; South 14-09-20 West 161.46 feet to a point;
South 00-03-40 East 83.63 feet to a point; South 77-35-
,40 East 111.75 feet to a point on the Northerly line of
Myers Corners Road; thence along said Northerly line of
said Myers Corners Road, South 63-53-50 West 80 feet
more or less to the point or place of Beginning.
Containing 31.43 acres of land be the same more or less.
Three: No building permit shall be issued by the building
inspector of the town or any subordinate for the aforesaid
real property unless the following conditions are observed
as to said real property:
(a) Site development of the property shall be
limited to those areas shown as disturbed on the site plan
map submitted with the draft environmental impact statement.
(b) The building or buildings which are the subject
of application for a building permit shall comply substantially
with the representations and character described in the draft
environmental impact statement.
(c) The owner shall have previously recorded restrictive
covenants prohibiting him from disturbing that buffer area
adjacent to lands of Sherman, Levine and MacDonald, said
area having a minimum depth of 250 feet along the lands of
Sherman and Levine, as depicted on the proposed site plan
(map no. 2) filed with the draft EIS, excepting to the
extent necessary for the installation of subterranean
utilities.
(d) The owner shall have previously recorded restrictive
covenants precluding use of Four Fields, a private road, for
vehicular or other access to the property (subterranean
utilities excepted).
(e) The developer, subject to site plan review by the
Planning Board of the town, shall cause buildings and related
parking to be in conformance with the design and layout
described on page III -4 of the draft EIS.
(f) Restrictive covenants shall be filed limiting
vehicular access to the real property to that access road
to Meyers Corners Road as shown on the site plan map filed
with the draft EIS.
(g) All restrictive covenants shall be approved by the
Attorney to the Town prior to recording.
(h) Site Plan approval shall have been first obtained.
Four: No certificate of occupancy shall be issued by
the building inspector or his subordinate unless the following
conditions, in addition to all those conditions set forth in
the preceding paragraph "Three" have been satisfied:
(a) There shall have been paid by the applicant to the
town to minimize the impact of the proposed facility the sum
of $250,000.00 set forth in the letter of the applicant dated
September 24, 1982, said payment subject to the condition of
providing for the allocation from that amount of a sum not
exceeding $100,000.00 to the County of Dutchess for intersection
improvements as described therein. Said monies shall be
utilized for those projects, as determined by the town board,
which will alleviate or diminish the burden placed on public
services or facilities by the construction of the proposed
facility.
Five: If any one portion of this ordinance be determined
to be invalid after judicial review, then the entire ordinance
ordinance shall be deemed invalid.
Seconded by: Councilman McCluskey
Roll Call Vote: 4 Ayes Mr. Versace ---Nay
MR. JOHNSON moved to waive the reading of the description
identical to the one set forth in the public notice.
Seconded by Mrs. Mills
Motion Unanimously Carried
Before the vote was taken on the resolution, Mr. Versace
requested a two minute recess to confer with the Attorney.
Mr. Versace left the meeting with the Attorney at 7:27 P.M.
Mr. Versace and the Attorney returned at 7:30 P.M. and the
meeting resumed.
Mr. Versace noted that Mr. Bouchard, a representative of
Pizzagalli Construction Company was present, and asked him
how they arrived at the figure of $250,000, as stated in the
resolution.
Mr. Bouchard responded that they tried to comply with all
requests and concerns brought up at the public hearing in
September. He hope3tonight's action would be positive and
they could provide the Town with a development as nice or
nicer than the present one on Myers Corners Road. Mr. Versace
appreciated these remarks but was more concerned on how this
figure was arrived at. He knew it was a donation and had seen
a letter signed by Mr. Pizzagalli and mentioned a statement
made by Mr. Diehl in a local paper. How did the Town and Mr.
Pizzagalli get together and come up with this figure ---was it
something the company thought of or was it negotiated.
Mr. Bouchard thought there were concerned citizens of the Town
looking out for the betterment of Wappinger and recognized the
fact that the Pizzagalli Company was concerned about the burden
they might be putting on the Town on services that already
existed; the company was familiar with what was going on here
since they had just completed the existing building and felt
that the amount of $250,000 was a number that could help provide
the Town with monies to offset a debt they would be putting
upon them. Mr. Versace then asked if concerned citizens
approached them and and Mr. Bouchard replied that last summer
there were people concerned about these problems. While citizens
are free to take a position on these matters, Mr. Versace said,
t hey do not have the right to negotiate an amount of money
in exchange for rezoning. He then asked Mr. Bouchard why
the conversation was not related to the Town Board and was
told that it was made public right from the start and a
letter was directed to the Supervisor. Mr. Versace then
made reference to a statement made by Mr. Diehl in the
Hornet dated February 25, 1983 regarding this rezoning and
indicated that a donation of $250,000 was made, part to the
County and part to the Town. In view of the Attorney's letter
to the Town Board indicating that if the Town solicited the
amount of $150,000, the rezoning would be illegal, he asked
Mr. Adams for an interpretation of Mr. Diehl's statement,
but did not receive one. He wanted to clarify these facts
for the record.
Mr. Diehl replied that the money was offered and accepted
because he felt they were entitled to it for problems they
may have in the future. No gun was put to anyone's back -
no force no. conversation between him and principals.
Mr. Johnson added that at the time the project was in its
infancy, Pizzagalli threw out the number of $250,000 for
repair work on the roads, phasing of the lights, the stacking
lane etc. and it turned out that these improvements would
cost a lesser amount but it was first generated by the
Pizzagalli firm. The vote was then taken and Mr. Versace
clarified his "nay" vote by saying that he was not against
industry in the community, there is a need for it, he welcomes
it, but we have areas set aside for this type of development
and he is against the fact that they are rezoning residential
land to accommodate industry.
There was no other business to come before the Board.
MR. JOHNSON moved to close the Special Meeting, seconded by
Mrs. Mills and unanimously carried.
The Meeting closed at 7:40 P.M.
Spl. Mtg. 3/7/83
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of Wappinger on
March 14, 1983 at the Town Hall, Mill Street, Village of Wappingers Falls,
Dutchess County, New York, 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.
Supervisor Diehl opened the Hearing at 7:45 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McClukey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting and Publication
duly signed and notarized. (These Affidavits are attached hereto and made
part thereof of the minutes of this Hearing.
Mr. Diehl asked if there were any questions or comments from the public.
No one spoke for or against the establishment of the Carmel Heights Sewer
improvement.
Mr. McCluskey moved to close the Public Hearing, seconded by Mrs. Mills
and unanimously carried.
The Hearing closed at 7:49 P.M.
Zlt,c(V3ge,4-,
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
AN ORDER FOR PUBLIC ON PROVIDING
SEWER IMPROVEMENT FOR CARMEL
HEIGHTS SUBDIVISION
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 February 25th, 1983, your deponent posted
1,1 a copy of the attached notice of Public Hearing on
Providing Sewer Improvement for Carmel Heights Subdivision,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Mill Street,
in the Vil]oogeN, of Wappingers Falls, Dutchess County,
New York.
Sworn to before me this /0
day of1983.
Cee --t Lcee-p---
Notary Public
Doris M. Caeio
Notary Pubic, State of New York
Qua:: .. is in L' _...'ccr..3 County
Comsaiarion No. 46367?
Commission expires March 30, 19e.3
L3/1.444-upiLe.
Elaine -H. Snowden
Town Clerk
Town of Wappinger
rid o and 0. Edo
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET-WAPPINGERS FALLS •
• The fWlowgWoleic.was offered by
i•Counciwoman 'MON who moved- its
adoption: •
'ORDER FOR' PUBLIC• HEARING ON
PROVIDING SEWER -IMPROVEMENT' -
FOLLOWING PREPARATION OF PLAN,
REPORT AND MAP -..
At a Regular Town Board Meeting of
1983the town of Wappinger on February 14,
WHEREAS, the Engineer to the Town
duly filed uld plant report and map In
-the office of the Town perk, and
WHEREAS, the- boundaries of the
proposed benefited area are set forth
on the map of the Engineer, which is •
Incorporated by reference, and
WHEREAS, the...- Improvements
proposed arethe-constniction -of
seresidential lots In to
G 1 He tts
.Subdivision, and-
- WHEREAS, the maximum amount of
public funds proposed to be expended
fw such Improvement Is No ($0.00}
Dollars, the Improvements - being
funded by private contribution, and
WHEREAS, In the absence of public
expenses, no method of apportioning
;':the costs of such, improvements Is
necessary, ant, `.
WHEREAS, the proposed method to
' be employed for financing such Im-
provements will be by private capital
provided by the developer 69 the
subdivision, and
- WHEREAS, a map, plan and report
describing such Improvements are c
file In the office -of the Town Clerk <f
the Town of Wappinger, for pubis
Inspection,.it Is
ORDERED, that the Town Board c
the Town of Wappinw shall meet a
the Town Hall, Mill amet, Wappinger
Falls, New York on the 14th day of
March,p1003, at 7:45 o'clock P.M., for
!ging onntth of
to pprrovtds suclfei
sewer Improvements, at which time and
place ell persona Interested In the
subject thereof may. be )mord con,
ceming the same, and It is father
ORDERED, that the Town Clerk .is
phereeby authorized and directed toh
Wappinger amend aS thisOrder
Dutchthe
•
the bulletin'News board in tyof he office of said
'Town
required Cbey law. In the time and manner t
By Offer of the Town Boiid Sown of
Wappinger. .
Seconded by: Councilman Johnson
Roll Call Vote•. 5 Ayes 0 Nays -
Dated: February 24,1983
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the Editor,Publ3.sher . .
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 2nd day of Mar.
. 19. 8. and on the following dates thereafter, namely
on
and ending on the 2nd day of
19. 83 both days inclusive.
Subscribed and sworn to before me
this 2nd day of March 19 83
Notary Public
ALBERT M. OS', -"N
NOTARY PUBLIC, STATE CF t w
My commission expires QUALIftEp{y,pj;fsyf„gC;ii��t
COMMISSION1 -8240760
COM
EXPIRES MAEICH 30, 19i}!
•
r
A Public Hearing was held by the Town Board of the Town of
Wappinger on March 7th, 1983, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, .New York, dor
the purpose of consideration of exceptional projects in order
to prepare an application for a share of the Dutchess County
Consortium Grant, up to the amount of $50,000.00
Supervisor Diehl opened the Hearing at 6:38 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
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the -Minutes of
this Hearing).
The following letter was read:
March 2, 1983
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y. 12590
Re: Proposed Application for Community
Development Funds
(Dutchess County Consortium)
Dear Board Members:
As a result of various meetings with the Town Board, various
department heads and Mr. Richard Birch of the Dutchess County
Planning Department, several projects were developed. The
resulting information is presented for your evaluation and
recommendations prior to formal application or applications
being submitted:
Fund Available - So called Guaranteed Funding: $50,000
So called Competitive Funding: Up to $100,000
additional
Project
Status Status Estimated
Guaranteed Compe- Costs
Funding titive
Funding
1. Community Activ* Eligible
ities Building- (Good)
Middlebush Rd.
Possible $50,000
Comments
Senior
Citizens to
be major user
and govern-
ing council
2. Robinson Ln. Rec. Eligible
Area -Renovations (Good) Possible $25,000
to San.Facilities
(Handicapped to
be accommodated)
3. Rockingham Farms
Rec. Area Bldg. $50„000
4. Castle Pt. Rec. Eligible
Area Bldg. (Good) Possible $50,000
5. Townwide Drainage
Study
6. Hunter's Crk.
Stream Cleaning
Drainage Problem
Doubtful Doubtful
7. Cleaning, Inspec- Doubtful Doubtful
tion,testing and
sealing sewer
lines
a. Royal Ridge
(Mid.Pt. Park)
b. Wildwood S.D.
c. Rockingham Farms
S.D.
d. Wapp.Sewer #k1
e. Fleetwood S.D.
$10, 000
$25,000
$50,000
1st
Phase
Senior
Citizens to
be major user
and govern-
ing council
Senior
Citizens and
Handicapped
to be major
user and
governing
council
Eligibility
would depend
on Economic
Status of
Abbuting re-
sidences. Must
be low to
moderate income.
(Data not
available this
date 3/1/83)
Same as #6
The competitive funding is based on population, poverty factor
and income. It favors at this stage the older communities.
Application should be made but it is doubtful if any monies
will be received.
All applications should be forwarded with an affidavit of
Publication and minutes of the Public Hearing attached.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Supervisor Diehl asked for comments from the public.
Alberta Roe, Regency Drive ---it seemed to her that the important
items were doubtful. There was no doubt on field houses, recrea-
tion fields, etc., and as far as senior citizens places are
concerned, how many of them would use these facilities. Every
one she knows will not drive at night; they might use it in the
daytime. Transportation is their problem.
Mr. McCluskey pointed out that they were going by federal guide
lines and there wasn't much they could do about that, but he
did agree with her. However, he pointed out, if they did apply
for a project labeled doubtful, chances are they wouldn't get
3
the funding and since this was a one shot affair, they wouldn't
have the opportunity of submitting another application.
Mrs. Roe felt that the sewer and water plants needed help other
than Rockingham which was in good shape.
Mr.Lapar read excerpts from the guide lines ----"Projects must
accomplish one or more of the following objectives:
1. Benefit majority 51% of low moderate income residents". He
pointed out that the Town of Wappinger, at this point, does not
fall into that category; a consultant is working on figures that
possibly could include some of the water and sewer areas, but at
this point, data is not available and the Town would be risking
a lot if they didn't go for a sure thing in the first round.
2. "Eliminate or prevent slums and/or blight". This is a very
suggestive statement, Mr. Lapar noted, and would be subject to
an interpretation by the Board of Governors, the Planning Board
and the Federal Government.
3. "Meet an urgent need, a problem of recent origin which presents
a threat to health and welfare". This would have to be proved.
The eligible activities are neighborhood facilities, Senior Centers,
Handicap Centers, historic properties, public utilities, sewer and
water (low income requirement), pedestrian malls and walkways, which
would be accepted without specifically meeting the criteria. The
Senior Citizens and Handicapped are automatically labeled low income
and that's the reason that category is deemed immediately eligible.
Mrs. Roe noted that there were more than 51% in water and sewer
districts and Mr. Lapar added that this percentage must be low
income residents; the Town of Wappinger, as a whole, .is above the
level which is set at $21,750.00. He found the guide lines very
confusing to the point where some sources have informed him that
a formal public hearing was required and others saying that it is
not. Fortuneately, he said, the Town of Wappinger is going formal --
an application, an Affidavit of Publication and the Hearing will
be officially recorded. His opinion was that that was the safe
way.
Michael Hirkala asked what percentage of the population in the
Town is served by water and sewer districts; Mr. Lapar responded
that a rough guess would between 5,000 and 10,000 people.
Mr. Hirkala noted that 80% of the Town will not benefit by
the funding and the remaining 20%, 51% would have to meet
the low income criteria --if they consider using these funds
for water and sewer, they're shooting for a fall. It is also
grossly unfair to the remaining 80%. The money is intended for
specific uses --gear into other specific uses that would benefit
the whole Town. Another consideration given was recreation and
Mr. Hirkala felt this was funded very well in the Town of Wappinger,
how could they justify applying for those purposes; it needs Senior
Citizen and Handicap funding, that's it.
Mr. Johnson remarked that they should apply for as many projects
that they could. Possibly some of them would not be accepted,
but others would. If they applied for one item that was not
an eligible one, they wouldn't have a back-up.
Mrs. Mills understood they could only apply for one item and
Mr. Lapar concurred --one application -one project.
Mr. Hirkala then mentioned the drop=in center at the Knights of
Columbus for the Senior Citizens and asked if it was still in
existence. Could a similiar center be set up on the Town property
on Middlebush Road, tie in an ambulance service in the future,
and possibly work in conjunction with the village and pool their
funds.
Mr. Versace did not think the amount of $50,000 would be a suf-
ficient amount to do anything on the Middlebush Road site. You
would have to construct a building but the major problem would
be putting in a road to that location. He assumed the money
would have to be used in 1983.
Mr. Hirkala came back with the suggestion to get the Town Hall
started using Town money and use the funding money for another
building.
Mr. McCluskey brought out a fact that Mr. O'Connor had mentioned -
for example they could pick a project costing $150,000 and spend
$50,000 each year on it provided they did get these funds.
Mr. Hirkala stressed that if they used the Town money for site
preparation for the Town Hall, then the $50,000 could be used
in conjunction with the Town Hall for the Senior Citizens, not
necessarily a separate building, but a portion of the Town Hall
for that purpose.
Kathleen Masterson asked Mr. Lapar if the amount of $50,000 was
guaranteed for whatever project they applied for. He answered
that it was a so called guarantee since it must be senior citizen
or handicapped oriented program that are automatically in the low
income category.
Ms. Masterson then asked if they had to show the census figures
for low income. She had attended the County's .presentation at
the Farm and Home Center in Millbrook and at that time when Mr.
O'Connor went through the brochure and explained how to fill it
out, he made a comment that you could put in more than one applica-
tion on one form. She'had heard through HUD that in other instances
they had suggested that certain projects are not applicable unless
something is already going on in that area. If you want to lock
in that program you can take $5,000 or $10,000 and do a project
and with the rest, do a second project. You can do more than
one project.
Mr. Diehl asked if there were any other comments anyone wished
to make. There were no other comments from the public.
Mr. McCluskey moved to close the Public Hearing, seconded by
Mr. Johnson and unanimously carried.
The Public Hearing closed at 7:00 P.M.
Elaine H. Snowden
Town Clerk
I)
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING FOR
CCSIDERATION OF ELIGIBLE
PROJECTS FOR APPLICATION
FOR DUTCHESS COUNTY
CONSORTIUM GRANT
! STATE OF NEW YORK )
f 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 Wappi1ger, County of Dutchess
and State of New York.
That on February 22, 1983, your deponent posted a
copy of the attached notice of Public Hearing for Consideration
of Eligible Projects for the Dutchess County Consortium Grant,
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 111100.61) 1983.
Notary Public
Doris M. CacFo
Notary Public, Stake of New York
�`°':��•=" ` s L _chess County
Corn:n':.: i ,n Po. = G05G73
Comnsi:sion expires March 30, 1013
-L\
Elaine H. Snowden
Town Clerk
Town of Wappinger
VS. -and O.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPPINGERS FALLS
PLEASE TAKE NOTICE THAT the
Town Board -of the Town of Wappinger-
will conduct a public hearing on March
7, 1983, at 8:30 P.M., EST, at the Torn.
Hall, Mill Street, Wappingers Falts, ,
New York for the purpose of con•.
Sideration of Exceptional projects -.
beyond the scope ot- Budgetary ,
provisions in. order to prepare an ap• '
plication for **share of the Dutchese
County Consortium Grant, up to the --..:4
amount of $50,000.00. Alt interested:a.q
pe dna will be heard. e
Elaine H. SnowderR-.
Town of Wa n Wapping., Clerk? 4
DPMxg.,
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
13P4X.tqft.Q*tem of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
Co—
times hereinafter was, the Editor—Publisher
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 . 23.xa day of .deb.
. 19. and on the following dates thereafter, namely
on
and ending on the 23rd
19.8. both days inclusive.
day of Feb!
Subscribed and sworn to before me
this 23rd day of..Xeb..... 19.83
Notary Public
My commission expires
AL E RI' M CSTEN
NOTARY Pi;ruc STATE CF ;IEW YORK
QJALtF E9 CCW{TY
.4-824W60
P.LitdA4SfOti EXP;FES MAKCH'3D, 191;