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1982-11-08 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER NOVEMBER 8, 1982 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES 4. REPORTS OF OFFICERS Town Justices Bldg/Zoning Receiver of Taxes Hydrant Supervisor/Compt. _ 5. PETITIONS & COMMUNICATIONS A. Mr. & Mrs. Stephen Tedone & Mr. & Mrs. John Fusaro re: accidents on Losee Rd. B. Robert & Elizabeth Murphy request permission to become Tenants of Mid Point Sewer Dist. C. Mr. & Mrs. Gerard Bell re: solution to problem of "Mother -Daughter" Apt. in home (request discussion at workshop) D. Petition for Children at Play Sign - Bell Aire Lane E. Dutchess Co. Dept. of Planning re: Community Block Grant Program F. Request to accept portion of Spring Hill Ct. & Cross Ridge Rd. for Town Roads G. Petition for Conservation Park District for the "Hamlet" Sub- division - A. Roberts, Attny for Developer H. Request by Planning Board to establish fee for sale of Subdivision Regulations I. Numexous letters from Residents lin opposition to Pasny power lines through Town of Wappinger J. Notices of Public Hearings - T/Pk and Village of Wappingers Falls K. Mid -Hudson Auto Wreckers memorandum of disposition L. Hugh Greer re: permission to fill parcel of land with add'l soil 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Adoption of Town Budget for 1983 b. Consider purchase of Highway Trucks c. Rezoning Alexander Parcel d. Resolution for unpaid Sewer and Water rents to be levied on Tawn taxes e. Tri Municipal - Authorizing reconveyance of deed back to Pk and Village of Wappingers Falls f. Levy of 2 tax liens against property owners for unpaid bills g. Levy Tax lien on property for Demolition 8. UNFINISHED BUSINESS a. Moccasin Hill b. Sludge Bids 9. NEW BUSINESS 10. ADJOURNMENT • The Regular Meeting of the Town Board of the Town of Wappinger was held on November 8, 1982, 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, Acting Highway Superintendent All stood for the Pledge of Allegiance to the American Flag. The Minutes of the Regular Meeting of October 13, 1982 and the Special Meetings of October 12 and October 29, 1982, having previously been sent to the Town Board Members, were now placed before them for their consideration. MR. MCCLUSKEY moved that the above stated Minutes be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. Johnson Motion Unanimously Carried Reports for the month of October were received from the Town Justices, Building Inspector/Zoning Administrator, Receiver of Taxes, Hydrant Report from the Highway Superintendent and the Supervisor/Comptroller Report through September 30, 1982. MR. JOHNSON moved to aeceptt, the reports and place them on file. Seconded by Mr. McCluskey Motion Unanimously Carried Supervisor Diehl interrupted the Agenda to recognize Peter White, Wappinger County Legislator for his report on the County meeting. He sponsored three resolutions regarding the PASNY 345 power lines, two of which were passed and one did not due to a misunderstanding on the roll call vote. One dealt with county opposition to the PASNY contract with Quebec which he felt was illegal and the other also referencing this contract was the fact, he said, that a state cannot, under the Constitution, power. He asked if there were enter into contract with a foreign questions and Mr. McCluskey said he had no questions but would like copies of the resolutions. The Agenda was resumed and the first item was in regard to letters received from Mr. & Mrs. Stephen Tedone and Mr. & Mrs. John Fusaro regarding accidents on Losee Road. They were similiar to one received at the last meeting regarding the dangerous condi- tions on this road which they felt attributed to the many accidents on that road and recommendations which these residents felt would help alleviate the danger. Mr. Diehl had responded to both these letters advising the residents that the Town was concerned and felt that the double yellow lines in the center of the road plus the large yellow signs advising motorists of dangerous curves would have resolved the problems, but apparently they had not. The next step, he said, would be an attempt to have the speed reduced and have the Sheriff Department set up radar and he asked the Board Members to csheider taking action on these recommendations at the meeting. There were many residents of this road present and they were all given the opportunity to speak of the problems they were experiencing. Many of them complained about the dangerous curve at the inter- section of Sucich Place and Losee Road where motorists seem to lose control when heading north and end up crashing into a big cedar tree on the other side of the road. All who spoke were in favor of stop signs at this intersection and it was further recom- mended that a three way stop sign be put there, Other recommenda- tions offered were to lower the speed limit from 40 MPH to 25 MPH, put up a sign for for the accidents to the dounty and Other suggestions no thru traffic, guard rails, check police records that have occurred on the road and forward them state when requesting the lower speed limit. were offered and the Board Members agreed that these would all be considered in an effort to help make this road a safer one. MR. DIEHL moved to petition the County and State Agencies to lower the speed limit to 25 MPH on Losee Road, install a three way Stop Sign 3 at the Losee Road, Sucich Place intersection and to contact the Sheriff Department to set up radar now and after the Stop Signs are installed. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Adams informed the Board that a public hearing would have to be held for the installation of the Stop Signs and he was directed to prepare the necessary Local Law for Town Board action in this matter. The Highway Superintendent was directed to put up signs of 40 MPH which would replace the present ones which read "Begin 40 MPH" until such time that a lower speed limit was approved. He was also requested to check into the possibility of putting up signs "Children at Play" and "School Bus Stop" and a sign warning motorists of the approaching stop signs at Losee Road and Sucich Place. The Town Clerk was requested to contact the Law Enforcement Agencies for records of accidents occurring on Losee Road and write to the County Executive and Wappinger County Legislators asking for their support in the matter of a lower speed limit on Losee Road. Mr. Diehl assured the residents of Losee Road that the Board would move forward on all the recommendations and thanked them for their input at the meeting. A letter was received from Robert and Elizabeth Murphy request- ing permission to hook up to the Mid -Point Sewer District as tenants. MR. JOHNSON moved that this request be forwarded to the Dutchess County Department of Health for their approval. Seconded by Mrs. Mills Motion Unanimously Carried Mr. and Mrs. Gerard Bell wrote to the Town Board regarding a "Mother -Daughter" apartment in their home at 19 Boxwood Close in the Town of Wappinger. They sought relief from the Town Board after being denied a variance for this second dwelling by the Zoning Board of Appeals. The Bells requested the Board to meet with them to discuss a possible rezoning of the area. 1 MRS. MILLS moved that Mr. & Mrs. Bell be invited to the next work shop session of the Board on November 22, 1982 to discuss their problem with the Board Members. Seconded by1Mr. McCluskey Motion Unanimously Carried A petition was received from residents of Bell -Air Lane and Orange Court to place "Children at Play" signs in three loca- tions on Bell -Air Lane ---one at the beginning of Bell -Air -Lane facing north, one at the intersection of Bell -Air and Orange Court facing west and a third sign at the end of Bell -Air Lane facing south. The Board had no objection to approving this request and Mr. Croshier asked that they also consider placing such a sign on Losee Road since this suggestion had been brought up by one of the residents during the previous discussion. MR. MCCLUSKEY moved that the Highway Superintendent be authorized to place "Children at Play" signs on Bell -Air Lane as recommended in the petition received from the residents, and also on Losee Road as requested by the Highway Superintendent. Seconded by Mr. Versace Motion Unanimously Carried A communication was received from Mr. Edward O'Connor, Grants Coordinator, Dutchess County Department of Planning regarding the Community Development Block Grant Program. Those municipali- ties who were participating in the program could now initiate block grant projects if they met the criteria. IT was now necessary, Mr. Johnson explained, for the Board to review the projects with the Engineer and determine if they had a plan to submit. It was suggested by Mr. Versace that Mr. O'Connor be invited to the work shop session to discuss these projects further. MR. VERSACE moved that Mr. O'Connor be invited to the November work shop session of the Town Board to discuss the block grant projects that might be available to the Town of Wappinger. Seconded by Mrs. Mills Motion Unanimously Carried A request was received to accept a portion of Spring Hill Court and Cross Ridge Road as Town Roads. A recommendation had been received from the Highway Superintendent to accept these roads, however, the Attorney informed the Board that he had not received the deed, the title policy or the road guarantee bond. Mr. Johnson recommended that a letter be sent to Mr. Barger listing the information needed and that action on this matter be tabled until the Attorney received the necessary documents. A petition was received from Gino Pullo for the establishment of a Conservation Park District in his Hamlet Subdivision. Both Mr. Pullo and his Attorney, Mr. Albert Roberts were present and discussed some items of the petition with the Town Board and Mr. Adams, Attorney to the Town. Mr. Versace was concerned about the work that would be done in the recreation area in lieu of a fee and it was Mr. Pullo's opinion that this would be worked out with the Planning Board, Recreation Commission and the Engineer to the Town before they received final approval. This was discussed by the Board Members and they determined that input was needed from the Recreation Commission regarding the priority work to be done at the recreation area; once this information was received a meeting would be set up with the developer and all departments involved. The petition received from Mr. Pullo reads as follows: In the Matter of the Petition of Cobrew Realty Corp., for the establishment of a Conservation Park District in the Town of Wappinger, Dutchess County, State of New York To The Town Board, Town of Wappinger, County of Dutchess, State of New York: The undersigned, the owner of all the taxable real property situate in the proposed Conservation Park District described below, and the owner in Aggregate of all of the taxable real property in the proposed Conservation Park District, as shown upon the latest completed assessment roll of the Town, and there being no resident owner of the taxable real property in the proposed Conservation Park District, according to the latest completed assessment roll, hereby petitions as follows: A. The Town Board of the Town of Wappinger shall establish a Conservation Park District in the territory known as The Hamlet, Town of Wappinger, Dutchess County, New York, which same is situate outside of any incorporated village, and totally within the Town of Wappinger, Dutchess County, New York. B. (1) The map and plans attached hereto, marked and designated Exhibit "1" show the boundaries of the proposed Conservation Park District and a description of the lands to be included within said Conservation Park District. B. (2) The lands described in Exhibit "2" attached hereto and made part hereof describe the lands to be conveyed by Cobrew Realty Corp. to the Conservation Park District. C. The Town Board recognizes the maps and plans have been prepared by Richard G. Barger, Professional Engineer, duly licensed by the State of New York. D. The Town Board shall consent to the maximum amount proposed to be expended and the actual cost of acquisition of the subject properties shall be none. E. The Town Board shall apportion the cost of main- tenance of said Conservation Park District. The cost as assessed by the Board shall be borne in proportion to the benefit which each lot or parcel will derive from the system. MR. JOHNSON moved to accept the petition from Mr. Pullo and direct the Attorney to prepare the necessary resolution to set a public hearing on the establishment of the Conservation Park District. Seconded by Mr. Diehl Motion Unanimously Carried MR. Diehl interrupted the Agenda and noted that Sandra Goldberg, Wappinger County Legislator was present and he asked if she had anything to report to the Board and the public. Mrs. Goldberg replied that she was aware that Mr. White had been at the meeting earlier and felt she had nothing to add to his report. She invited questions from those present.. but there did not appear to be any from either the Board Members or the public. A letter was received from the Planning Board regarding the fee for the purchase of copies of the newly adopted subdivision regulations. The Planning Board recommended a $4.00 fee, however, it was determined after they had set this fee that this would barely cover the cost of printing. MR. JOHNSON moved that a fee of $5.00 be set for each copy of the Subdivision Regulations. Seconded by Mrs. Mills Motion Unanimously Carried Numerous letters had been received from residents in opposition to the PASNY proposed 345 KV power lines through the Town of 7 Wappinger and asking the support of the Town Board in this stand. Mr. Johnson noted that the Town had given this support and had already forwarded two resolutions to the Power Authority stating their opposition. He offered a motion to receive these letters and place them on file. Mr. Versace wished to discuss the matter further and commented that he had attended an infor- mational meeting at Ketcham High School and one of the facts brought out at this meeting was that if these power lines did go through as proposed, it could destroy the financial situation of our community based on the fact that many lands would go off of the assessment roll and some of the assessments on other lands would be reduced. He recommended that the Town Board reaffirm the previous resolutions of opposition and forward them to PASNY and state officials. MR. DIEHL moved that the Town Board reaffirm their previous resolutions of opposition to the Mardy-South 345 KV Transmission Lines by stating that they are against these lines going through the Town of Wappinger in any shape, way or form and further moved that the Board requests that any hearings that are planned for public input should be held in the immediate area of the township involved. Seconded by Mrs. Mills Motion Unanimously Carried Two Legal Notices of Public Hearings were received --one from the Village of Wappingers Falls and one from the Town of Poughkeepsie on their Zoning Ordinances. MR. JOHNSON moved to receive these Notices of Public Hearings and place them on file. Seconded by Mr.,McCluskey Motion Unanimously Carried ,1 At the last meeting a Memorandum of Disposition regarding the application of Mid -Hudson Auto Wreckers for a Salvage Yard License had been referred to Mr.. Gunderud, Zoning Administrator for his review and confirmation of contents. The Memorandum was accepted and signed by Mr. Gunderud and now placed before The Town Board for their consideration. MR. JOHNSON moved that the following Memorandum of Disposition be approved: MEMORANDUM OF DISPOSITION MID -HUDSON AUTO WRECKERS, INC. APPLICATION FOR SALVAGE YARD LICENSE TOWN OF WAPPINGER REFERENCE MEMORANDUM HANS R. GUNDERUD TO ELAINE H. SNOWDEN DATED JANUARY 27, 1982 The Zoning Administrator and the applicant agree that the followings items shall be dispositive of the zoning Administrator's Memorandum above noted, and that upon observance by the applicant of the conditions set forth below, the zoning Administrator will withdraw any objections to the application and to the granting of the application for license to conduct business as a salvage yard insofar as it relates to those items: 1. Fire Extinguishers - Fire extinguishers shall be maintained in the office building and in all yard vehicles on the subject premises; 2. Stacking - There shall be no stacking of cars permitted. No cars presently stacked will be permitted except stacking necessary for the crushing of vehicles; any stacking currently in existence shall be terminated within one week; 3. Fire Lanes - Fire Lanes shall be maintained in accordance with the provision of the Ordinance regulating used parts dealers; 4. Storage of Vehicles - Storage of vehicles in south end of premises shall not be permitted south of the existing gate which is approximately 400 feet north of Route 9D; 5. Crushing operations - all crushing operations shall be conducted north of the gate which is approximately 400 feet north of Route 9D. 6. Additional Conditions - The applicant shall comply with all conditions and representations set forth in a certain letter dated April 27, 1982, from Hans R. Gunderud to Jon Adams, Esq ., a copy of which is affixed hereto. 7. Municipal Regulations i4 The applicant shall also comply with all governmental laws, rules and regulations applicable to the conduct of a salvage yard business, including the Zoning Ordinance and local laws of the Town of Wappinger. The undersigned, Mid -Hudson Auto Wreckers, Inc. hereby agrees to all of the terms, conditions and representations made in this Memorandum of Disposition and executes this Memorandum with the knowledge that the Town of Wappinger Zoning Enforcement Officer will rely on same and will withdraw all objections to the issuance of a salvage yard license to the undersigned. Mid -Hudson Auto Wreckers, Inc. s/ Priscilla Shapiro, Pres. Terms and conditions consented to: s/ Hans R. Gunderud, Zoning Administrator, Town of Wappinger Town Board, Town of Wappinger s/ Louis D. Diehl Seconded by: MRs. Mills Roll Call Vote: 5 Ayes 0 Nays Mr. Hugh Greer had called the Town Clerk and requested to be on the Agenda regarding permission to fill a parcel of land with additional soil. He was present and explained that he was in the process of buying property on the southwest corner of Old Hopewell Road and had assumed he could fill in the property. After checking this out, however, he learned that a Special Use Permit must be issued by the Town Board before he could do this work. Mr. Adams discussed the procedure and advised Mr. Greer that an application must be submitted to the Town Board pursuant to Section 441 of the Zoning Ordinance. It was recommended that Mr. Greer obtain a copy of this section of the Ordinance and have his engineer prepare the necessary documents for submission to the Town Board. Under Committee Reports, Water and Sewer Committee, Mrs. Mills reported that she and Mr. Versace met with Camo Pollution the end of October and received a report from them on inflow and infiltration repairs in Wappinger Sewer Improvement #$1 which was espied to the Town Board. The Tsloge o► firm had been hired for leak detection and a report had been received from them that leaks had been found which could be repaired for the sum of $4,400.00. It was Camo's recommendation that this work be done. MRS. MILLS moved that the firm of Teleco be hired to repair the leaks and manholes in the Oakwood Plant for the total sum of $4,400.00. Seconded by Mr. Versace Motion Unanimously Carried At a previous meeting the Conservation Advisory Council had been given tentative approval by the Town Board to make arrangements with Cornell University for their students to conduct a drainage study for the Town of Wappinger. Mr. Hawksley, Chairman of that Council was present and reported that he and Mr. Webb had met with the professor of Cornell who agreed to prepare an outline of the work they intended to do. This was received by Mr. Hawksley and copies forwarded to the Town Board for their consideration. A copy had also been sent to Mr. Lapar for his review and Mr. Johnson asked if he had a recommendation for the Board. Mr. Lagar read ended. He indicating sum of $10, excerpts from the outline which he felt were too open - suggested that a map be prepared by the university specifically the work they intended to do for the 000.00. It was agreed by the Board Members that the map be prepared as recommended by Mr. Lapar and when completed it should be submitted to Mr. Lapar for his review and recommenda- tion to the Town Board. Mr. McCluskey, Building and Housing Committee, reported that they were reviewing the original Space Needs Study that had been compiled for a new Town Hall and comparing it to the present'space being used. They have contacted several building contractors and when more information is available a work shop session will be arranged for discussion on this matter alone. As Chairman of the Health and Safety Committee, Mr. McCluskey expressed concern on the proposed route of the 345 power lines proposed by PASNY. MR. MCCLUSKEY moved that a letter be directed to PASNY and ask them t the New York,State Thruway could not be considered as a__Icolosslibae route for the proposed 345 power - line Seconded by Mr. Versace Motion Unanimously Carried /1 A Public Hearing having been held by the Town Board on the 1983 Preliminary Budget and Federal Sharing Revenue Budget on November 4, 1982, the matter was now placed before them for their consideration. Mrs. Mills, Chairman of the Budget Committee, reported that they felt one more work shop session was needed before they took action on the adoption of the budget and this was set for November 10, 1982 at 5 P.M. MRS. MILLS moved that a Special Meeting be set for November 16, 1982 at 7:00 P.M. for the purpose of adopting the 1983 Budget and setting a Public Hearing for a Conservation Park District in the Hamlet Subdivision. Seconded by Mr. McCluskey Motion Unanimously Carried The next item placed before the Board for their consideration was the purchase of two pick-up trucks for the Highway Department. MR. JOHNSON moved that Mr. Croshier, Acting Highway Superintendent, be authorized to go to bid for two pick-up trucks for the Highway Department. Seconded by Mr. McCluskey Motion Unanimously Carried A Public Hearing having been held by the Town Board on an Ordinance Amending the Zoning Map of the Town of Wappinger, the matter was now placed before them for their consideration. The following Ordinance was offered by COUNCILMAN JOHNSON who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the Authority conferred' -by the laws of the State of New York, as follows: Section I. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcel of land from R-40 (Residential) to AI -2A (Airport Industry -2 Acres) classification, said real property more particularly described as follows: Beginning at a point on the Westerly line of St. Nicholas Road, said point being the intersection of the Westerly line of said St. Nidhholas Road with the Northeasterly line of lands of now or formerly Oscal and running thence along the Northeasterly line of lands of said Oscal, North 35-34-30 West 440.26 feet to a point; thence leaving said line and running over and through lands of Dave Alexander, the grantor herein, North 40-17-50 East 279.48 feet to.a point on the Southwesterly line of aforesaid St. Nicholas Road; thence along the Southwesterly and Westerly lines of said St. Nicholas Road, the following: South 47-38-00 East 100.25 feet to a point; thence South 14-02-10 East 57.72 feet to a point; thence South 4-35-10 East 224.72 feet to a point; thence South 7-48-40 West 225.79 feet to the point of beginning containing 2.001 acres of land be the same more or less. Subject to the rights of Public Utilities of record. Present Owner: David Alexander Tax Grid Number: 19-6259-03-188070 Deed Recorded: Liber 1003 -Pg. 198 Said described Parcel being a portion of the above owners 4+ Acre Parcel bounded by the following parcels of real property: Southwesterly by Sydney W. Corbin East by St. Nicholas Road and the Jewish Community Center of Poughkeepsie North by David Alexander and New Hackensack Road Section II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN MCCLUSKEY who moved its adoption: RESOLVED, that all delinquent water and sewer bills in arrears as of November 15, 1982 in: Oakwood Water District, Central Wappinger Water Improvement Area, Fleetwood Water District, Tall Trees Water Improvement Area, Wappinger Sewer Improvement Area #1, Wildwood Sewer District, Rockingham Sewer District, Mid -Point Park Sewer District, Fleetwood Sewer District, Watch Hill Water District and Ardmore Water Improvement Area, in the Town of Wappinger, be forwarded to the County Of Dutchess to be placed on the Tax Rolls of 1983. A list of all delinquent charges will be forwarded to the County on November 19, 1982. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The necessary documents had not been received by either the Attorney or the Town Board on a Tri -Municipal Resolution which would authorize reconveyance of a deed back to the Town of Poughkeepsie and the Village of Wappingers Falls. Mr. Johnson explained that this was in reference to a parcel of land purchased by the Commission when the four municipalities were involved; the Town of Wappinger share of that purchase was $24,000.00. Now that the Town is no longer involved in the project, the resolution, when adopted, would reconvey the Town of Wappinger interest in that property back to the participating municipalities and we would be credited with the same amount as originally paid. MR. JOHNSON moved that this resolution be tabled until the next meeting. Seconded by Mrs. Mills Motion Unanimously Carried The following Resolution was introduced by COUNCILMAN MCCLUSKEY who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger has adopted an Ordinance for Regulating Water and Sewer Service Pipes in various Water & Sewer Districts and Improvement Areas in the Town of Wappinger, and WHEREAS, said Ordinance, in part, states that if leaks ex4st upon the property owners land, he shall be notified to remedy any existing leaks by the Town of Wappinger Building Inspector, and that said cost be borne by the property owner, and WHEREAS, a leak was detected upon the premises of David Wood, 29 Park Hill Drive, and repaired by Wilson Excavators, Inc.,, and WHEREAS, after due notice, the property owner continually refused to pay the cost of the repairs, and the Town of Wappinger thus reimbursed the Contractor for said repairs. NOW, THEREFORE, BE IT RESOLVED, that, pursuant to the for Regulating Water & Sewer Service costs of said repairs, in the sum of tax lien against David & Denise Wood, and Town of Wappinger "Ordinance Pipes", Section 2 (3), the $207.06, be levied as a Grid #k19-6356-01-079886, BE IT FURTHER RESOLVED, that the Town of Wappinger Supervisor be authorized and directed to forward this Resolution to the Dutchess County Legislature to levy the amount of $207.06 against said specific parcel of land in the manner provided by law for the levy of State, County, and Town taxes. Seconded by: Councilwoman Mills Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by COUNCILMAN MILLS who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger has adopted an Ordinance for Regulating Water and Sewer Service Pipes in the various Water & Sewer Districts and Improvement Areas in the Town of Wappinger, and WHEREAS, said Ordinance, in part, states that if leaks exist upon the property owners land, he shall be notified to remedy any existing leaks by the Town of Wappinger Building Inspector, and that said cost be borne by the property owner, and WHEREAS, a leak was detected upon the premises of Gregory Murin, 27 Park Hill Drive, and repaired by Wilson Excavators, Inc., and WHEREAS, after due notice, the property owner continually refused to pay the cost of the repairs, and the Town of Wappinger thus reimbursed the Contractor for said repairs. NOW, THEREFORE, BE IT RESOLVED, that, pursuant to the Town of Wappinger "Ordinance for Regulating Water & Sewer Service Pipes", Section 2 (3), the costs of said repairs, in the sum of $367.68, be levied as a tax lien against Gregory M. & Kathleen Murin, Grid #19-6356-01-085893, and, BE IT FURTHER RESOLVED, that the Town of Wappinger Supervisor be authorized and directed to forward this Resolution to the Dutchess County Legislature to levy the amount of $367.68 against said specific parcel of land in the manner provided by law for the levy of State, County and Town taxes. Seconded by: Supervisor Diehl Roll Call Vote: 5 Ayes 0 Nays The following Resolution was introduced by COUNCILWOMAN MILLS who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger had adopted Local Law #8 of the year 1982, providing for the demolition of unsafe Buildings within the Town of Wappinger, and WHEREAS, the Town of Wappinger Building Inspector has previously come before the Town Board requesting and receiving approval of the removal of an unsafe building, located on the Phillips property, Old Hopewell Road, in the hamlet of Hughsonville, Town of Wappinger, and WHEREAS, the owner or owners of said unsafe building, after an Order to Remedy was issued by the Town of Wappinger Building Inspector have refused to comply with said Order, NOW, THEREFORE, BE IT RESOLVED, that the actual cost of demolition, in the sum of $1,835.00, be levied as a tax lien against Jennie Phillips, c/o Francis Phillips, or owners of record, Grid #19-6157-01-068613, and BE IT FURTHER RESOLVED, that the Town of Wappinger Supervisor be authorized and directed to forward this Resolution to the Dutchess County Legislature to levy the amount of $1,835.00 against said specific parcel of land in the manner provided by law for the levy of State, County and Town Taxes. Seconded by: Councilman Johnson Roll Call Vote: 5 Ayes 0 Nays A letter had been received from the Highway Superintendent recommending acceptance of that portion of Mina Drive, approxi- mately 1100+ feet from Spook Hill Road back to the turnaround, and Nancyaleen Drive, approximately 800± feet from Spook Hill Road back to the turn -around. The Attorney informed the Board that he would check to make sure all the necessary documents had been received on these roads. MR. JOHNSON moved to accept the portions of Mina Drive and Nancyaleen Drive, as recommended by the Highway Superintendent in his letter of November 5, 1982, subject to approval of the Attorney. Seconded by Mr. McCluskey Motion Unanimously Carried Before proceeding with the Agenda, Mr. Diehl commented that the Environmental Impact Statement had been received on the Cornell - Drake rezoning and the Town Clerk had forwarded copies to the Town Board, the Attorney and the Engineer. Mr. Versace requested that the Attorney contact consulting firms to evaluate the Environmental Impact Statement and any other submitted comments at the expense of the applicant pursuant to the resolution adopted by the Town Board at their regular monthly meeting of October 13, 1982. Mr. Diehl requested that this matter be included on the agenda of the Special Meeting of November 16, 1982, for consideration by the Board. Mr. Adams had requested that the subject of the Moccasin Hill roads be put on the agenda hoping that he would have necessary information from the developer's attorney. At this time the information had not been received and he recommended that it be tabled until the next meeting. The bids for Sludge Removal were placed before the Board for their consideration having been tabled at the last meeting for further information. Mrs. Mills recommended that this action be tabled due to the fact that she had asked the Dutchess County Department of Health to approve a dumping site on this side of the river which could change the rates presently being charged. MRS. MILLS moved that action on awarding the bid for Sludge Removal be tabled until a decision on a closer site was received from the Dutchess County Department of Health. (L/ Seconded by Mr. Versace Motion Unanimously Carried Mr. Gerald Webb, member of the Conservation Advisory Council, was recognized by the Chair and appealed to the Board to reconsider their previous decision to postpone the Drainage Study proposed by Cornell University until clarification of the outline submitted was received. They could lose this opportunity if the student who was conducting this study started another project. He felt that the matter would be resolved when the Professor met with the Town Board and the Engineer to clarify the outline of the work and suggested that funds for the initial outlay be taken from the Conservation budget in the amount of $2,000.00. A discussion followed on concerns of the Board of the work that would be done and the time it would take to do it. MR. JOHNSON moved that approval be given to the. Conservation Advisory Council to start the Drainage Study subject to clarification of the work to be conducted as recommended by Mr. Lapar, at a sum not to exceed $2,000.00 which would be charged to the Conservation Advisory Council budget. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace pursued the matter of stream cleaning at 4 Bel -Aire Lane which had been held up due to the owner's refusal to sign a release. He pointed out that the new owners would sign a release and in his opinion, this project should be done since it was related to the Bel -Aire Drainage Project and had been recommended by the Engineer. MR. VERSACE moved that the Highway Superintendent be authorized to clean the stream at 4 Bel -Aire Lane when the proper release was signed and further moved that the Attorney be authorized to prepare the necessary release forms . Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace asked the Attorney if he had a status report on Serenity Mission. i MR. Adams reported on a pre -appeal conference held in Brooklyn at which time that the Town the record of successful in the attorneys for the bonding companies requested consent to paying h of the record up front for appeal which would be reimbursed if we were the court case. The decision, Mr. Adams continued, would be up to the Board, however, he recommended against the Town paying any monies for this record. MR. MCCLUSKEY moved that the Town deny the request of paying xi of the record up front for the record of appeal, as recommended by the Attorney. Seconded by Mr. Johnson Motion Unanimously Carried The next item Mr. Versace wished to discuss pertained to the receipt of the appraisal of the Atlas Water System. Mr. Adams .had contacted the firm that was conducting this appraisal and informed the Board they should receive this information within a week. At the last meeting Mr. Croshier was asked to research the Highway records for purchase of a 24" pipe that might have been intended for installation behind Lots #6, #8 and #10 Baldwin Drive. When questioned by Mr. Versace if he had found any record, Mr. Croshier replied that he had not found a record of this size pipe purchased at that time. IT was Mr. Versace's contention that if the Highway had no record and the Engineer had no record of a contractor doing this job, it was the Town's responsibility to relieve this problem. Mr. Johnson differed with this reasoning and felt that it was not the Town's respon- sibility ---a contractor could have put the pipe in to his own. The discussion continued but the question still remained as to who was responsible for the installation of the pipe. Mr. Versace repeeted that he would like to have some documentation on the installation of this pipe and until that time, he still felt the Town was responsible. Mrs. Mills questioned Mr. Croshier on the installation of all the equipment in the highway trucks by the Communication Company. He replied that it was not completely installed but a letter had been sent to New York Communications from his office inquiring about the status of the installation of this equipment. MRS. MILLS moved that a letter be directed from the Town Board to New York Communications questioning the delay in hooking up the new equipment in the Highway trucks. Seconded by Mr. Johnson 0- Motion Unanimously Carried MRS. MILLS moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The meeting adjourned at 10:45 P.M.cZ?CtUAIL IC(/( -61^1°6 Elaine H. Snowden Town Clerk Reg. Mtg. 11/8/82 A Public Hearing was held by the Town Board of the Town of Wappinger on November 8, 1982, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on an Ordinance Amending the Zoning Map of the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:55 P.M. Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Bernice Mills, Councilwoman Gerard McCluskey, Councilman 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). It was explained that part of this property was zoned R-40 and the remaining portion was zoned AI (Airport Industry). The applicant's intent was to rezone the residential portion to AI for storing construction equipment and a small building for an office. Mr. Ken Russ from Richard Barger's office was present on behalf of the applicant presented a map showing the purpose they wished to use it for which was a small office building and a fenced yard. The use in this zoning, he said, was limited. Supervisor Diehl then opened the Hearing to the public and asked for any comments either pro or con. There were no comments from those present at the Hearing. The Town Clerk noted that recommendations had been reeeived from both the Dutchess County Department of Planning and the Town Planning Board and there were no objections from either the County or the Town. Mrs. Mills moved to close the Public Hearing, seconded by Mr. Johnson and unanimously carried. The Hearing closed at 8:00 P.M. 73attuz, atel,),Qp,.. Elaine H. Snowden Town Clerk 1I 1 r TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF 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 October 25, 1982, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the zoning Map of the Town of Wappinger 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 c day of ) hits#/ 'p/ 1982. I(rta, //, ( Ute — Notary Public Doris T.S. Cacio Note y PeE7ic, State of New York Quali:;.•:! in !'•:c! ...r,cis County Comm'3c._-1 _'c. ;GvG73 Commission expires March 3k:4kt3 Elaine H. Snowden Town Clerk Town of Wappinger I.-73. one] EL EY. 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 w111 conduct a Public Hearing Wappinger the Town Hall. M111 Street Wappingers Fails, Dut- chess County Street, York on November 8,1962 at 7:45 P.M. EST, on an Or- tinance Amending thehe Town of VirwpingIrr Z follnio ws:ap of The following Ordinance was in- troduced by Councilman Johnson: BE IT RESOLVED and ordained by the Town Boardof the T Wept). Inger, Dutchess County, New Y I pursuance the by the laws f NSae New Yo rk. as follows: SECTION 1. The Town of Wappinger Zoning Map adopted March 10 1 and erreby further farmed by t�ingr ; the following described parcel of land ' from R-40 (Residential) to AI -2A (Airport Industry -2 rops Acres) classification, dsscrtb• real said property. ed as follows. tffa9Nbati! -- Beginning at a pohlt' nt txr' nne of St. Nicholas Road, said Ing sad St. Nicholas Road wition of the th t� tine— of • thesauri) line of lands of now or formerly loOscal and running of lands l thence n f atom; the Northeasterly n • said Oscal, North 363430 West 440.26 feet to a point; thence leaving said line and running over and through lands of .. Dave Alexander the grantorNl herein, North 40.17.60 East 279 a pant on the Southwesterly Iron of aforesaid St. Nicholas Road --thence along the Southwesterly and Road: - lines of said 8t. Nicholas Road, the following: 7-300 East 100.25 feettoa South 4thencce South 140240.. • 4.36 East 224.72 tustt 57.72 feet to a *0 a �po1Mh. thence South 7.41140 West 225.79 feet to the pant of beginning containing 2.001 scree of land be same more or.,. teem - Subject to the d of Public-. Utilities ublic- Utilltles of record. -'a PRESENTOWNEft David Alexander _ ff~ 1f16070 Tax Ord Nmm�ber;1 Said id described Recorded: c 11. being a198 +:• being portion of the above owners 4, Pius or minus,. Acre Parcel bounded by the following parcels SOut of real property:bySyW. Corp n asthby St. Nk� and • East by St. N es Jewish Community Center of Poughkeepsie North by David Alexander and New Hackensack Road SECTION II. This amendment shall become effective upon adoption posting and publication, as prescribed by Town Law. Elaine H. Snowden Town Clerk Dated:October 25, 1982 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 ... )3449 coopox 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 ode weeks successively . op .e. , . in each week, commencing on the ..27thday of Oct.. . 19.82 . and on the following dates thereafter, namely on and ending on the ... nth.... day of. . October . . 19.8 . both days inclusive. £4i G ( eau L Subscribed and sworn to before me this ..27th .... day of. . Oct.. 19.82 Notary Public My commission expires A? r_ =RT M. OSTEN tiGT,..,v c 4.,C eT TE CF tIrw Yrric f�.4L•.. :..;y cuLNTY r i . 2407£a +, 44, 1j4