1981-05-11 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MAY 11, 1981
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept Minutes Reg. Apri1.13, 1981
;
335
4. REPORTS OF OFFICERS:
Town Justices Receiver of Taxes Bldg/Zng Hydrant Report
Annual Report from Cons. Adv. Council
5. PETITIONS & COMMUNICATIONS
a. Carl Swenson Petition for Special Use Permit for filling vacant
lot on New Hackensack Rd.
• b. Peter H. White request alteration of Election District #17
(Section out of District #19)
• c. Recommendation from H. Gunderud re: Sect. 416.8 of Zng. Ord.
• "Window Signs"
d. Resignation of Jacqueline O'Malley from Cons. Adv. Council
e. Wm. Horton, H. Supt. 1. • Report on Ketchamtawn Rd. signs
2. funds for Safer Rd. St. Program
f. Planning Bd. correspondence: 1. Referral of Petition re: Atlas
Water Company. 2. Referral on the Application of Atlas Water
Company. 3. Recommendation on H. Gunderud fee schedule proposal
g. Hawksley, Ch. Cons. Adv. Council comments on Atlas Water Company
reservoir.
h. H. Cuatt, Compt. report on cost comparison of operating W & S Dists
Pis441 ra.:ckficutiLiq stuclit r3.4
-J. CAGAI.siN ctron eoVckt .c.or hfte-dc•im fl.cienclas
•
6. REPORTS OF COMMITTEES
7. RESOLUTIONS
a. Accepting Rose Lane (off Robinson Lane) as Town Road
b. Accept Rules & procedures of Hudson River Oil & Hazardous Sub-
stance Spill Committee
c. Highway Bids for Dump Truck
d. CWW Imp. Area relative to additional Well
e. Introduce Ordinance amending Blasting Ordinance
•f. Accept Blackthorn Loop and Primrose Lane as Town Rds.
g. Vacancy on Zoning Board of Appeals
h. Introduce amendment to Local Law #1-'77 - Dumping •
i. Fire Code LL
j. Wappinger Plaza Parking- LL
K. CorN5.4b4r Narte-t..e inereceeri.mseuvun. ber.
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
336
The Regular Meeting of the Town Board of the Town of Wappinger
was held on May 11, 1981 at TOW11 Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:06 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Bernice Mills, Councilwoman
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer to the Town
At this time Supervisor Diehl requested those present to stand
for the Pledge of Allegiance to the Flag.
The Minutes of the Regular Meeting of April 13,.1981 and the
Special Meeting of May 1, 1981, having previously been sent to
all Board Members, were now placed before them for their consid-
eration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of
April 13, 1981 and the Special Meeting of May 1, 1981, be and
they are hereby approved, as submitted•by the Town Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports were received for the month of April from the Town Justices,
Building Inspector/Zoning Administrator and Hydrant Report from Mr.
Horton, also the Annual Report from the Conservation Advisory
Council.
MRS. REILLY moved to accept the reports and place them on file.
Seconded by Mr. Johnson
Motion unanimously Carried
A request for a special -use permit to fill a vacant lot on New
Hackensack Road, was received from Carl Swenson.
MR. JOHNSON moved that this request be referred to the Planning
• .1
3
Board, the Building Inspector/Zoning Administrator, and all
other pertinent agencies for their reviews.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request was received from Peter Haynes White to change a
portion of Election District #19 and relocate it in District #17.
Mr. White was present and Mr. Diehl asked that he give the Town
a report on the County Legislature meeting since he had just
arrived from that meeting (Wappinger County Legislator), and
then he could address his request for a change of election
districts.
Mr. White reported that the County meeting lasted three hours,
of which two hours and forty-five minutes was spent on the issue
of the Dutchess Community College Contract. The Wappinger
Legislators did not vote for the contract, they felt it should
wait another week for a better settlement, but the contract passed
on an 18-16 vote., A resolution was passed requesting the County
to take action on the toxic waste,stored at the Mancini Trucking
Company.
Mr. White then explained his request for a change of election
districts stating the facts that were in his letter. This
change which can take place only once every ten years,must be
initiated at a town level. There were two homes on his farm on
All Angels Hill Road and Old Hopewell Road; the house he lived in
was in District ##17 -and the main house was in District #19. At
a future date he intended moving into the main house and therefore
wished this change, as there was a possibility that district #19
would fall into East Fishkill as a county legislative district; and
if this did happen, it would be permanent. He asked the Board
for their consideration of this matter.
Mr. Johnson then asked the Attorney what procedure they would
have to follow --would they need a resolution, and if so, asked
that Mr. Adams prepare it for the next meeting. Mr. Adams explained
that before a resolution was prepared, a map outlining the boundaries
of the proposed change would have to be submitted; this should be
done before July 1, 1981.
Mr. Versace suggested that this matter be discussed by the
Town Board at their next work shop session and Mr. White could
attend to go into further detail on the matter. Due to the
holiday on May 25th, the work shop session was set for Tuesday,
May 26th, 1981.
Mr. Versace then questioned Mr. White, as our County Legislator,
1
on the matter of the enlargement of the culvert on Myers Corners
Road which he had requested over a year ago, but had had no
the
response to this request. At that time, the Legislators said they
the would see about including this item in this year's budget. Mr.
White promised to pursue this matter.
Mr. Gunderud wrote to the Board proposing a re -wording of Section
416.8 in the zoning Ordinance which referred to "Window Signs".
Mr. Johnson reported that the Town Board had discussed this
at a work session but were waiting for further information and
were not ready to act at this time. He asked that this be tabled
for action by the Zoning Committee at a future time.
On the same subject, Mr. Versace brought to their attention the
fact that Waldbaums was in violation of this section of the
Ordinance. Mr. Gunderud had approached the manager of the store
with this fact, and asked that the window signs be.removed until
this,section of the ordinance is amended. He asked that the
Board support action by Mr. Gunderud to serve a violation notice
on Waldbaums to correct the situation by removing the signs.
Mr. Jay Rubenstein was recognized by the Chair and felt that the
competition was very keen in this line and the signs helped to
the draw the customers. He admitted the signs looked terrible, but
the stores needed this type of advertising.
thie Mr. Versace replied that this was the reasoning for the amendment,
and at such time this amendment was adopted, they could then place
the signs according to the requirements, but in the meantime they
are in violation and must comply the same as anyone else.
Both Mr. Incoronato and Mr. Hirkala were recognized by the Chair
and felt that what was followed before should be adhered to with
perhaps some compromises. They brought out the fact that Waldbaums
knew what competition they faced before they came and they are no
3a,sa;.
exception. Mr. Hirkala asked the Board to consider the wishes
of the people before they make any decisions.
Mr. Johnson added that the Zoning Committee had an amendment
before them which has been discussed with the Town Board and the
Zoning Administrator; they have been reviewing it to determine if
it is workable. He agreed with Mr. Versace's point that a law
on the books must be applied to all, but in the meantime they
realize there might be a deficiency in this section and they
will continue reviewing it to the benefit of all concerned.
A resignation was received from Jacqueline O'Malley, a member of
the Conservation Advisory Council, stating that family committments
were becoming too great for her to put in the necessary time on
the Council.
MR. JOHNSON moved to accept Mrs. O'Malley's resignation and thank
her for her services on the Council.
Seconded by Mr. Versace
Motion Unanimously Carried
Two communications were received from Mr. Horton, Highway Superin-
tendent ---the first was to advise the Board that after a review
of Ketchamtown Road, signs were found to be missing which have
since been replaced. The second was a question on the funds for
the Safer Local Road and Streets Program. He had assumed that the
Town share of 25% of the total amount was placed in the current
budget andwell as the 7.5%_state share and we would be reimbursed
by the state. He has learned that only the Town share was included
in the budget and asked where the remaining funds were coming
from which were needed to participate in the program.
Mr. Johnson explained that at the time of the budget preparation
it was not understood that the Town would have to pay out the
whole amount and then be reimbursed by the state. He suggested
that it be referred to the Comptroller to determine how long it
would take for the Town to be reimbursed and recommend to the
Board the avenues they would have to obtain these funds tempor-
arily.
L
MR. JOHNSON moved to receive these reports and place them on
file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from the Planning Board enclosing a
petition for the Town Board to support the expansion efforts
of theAtlas Water Company, signed by residents of Quiet Acres,
which had been received at the Planning Board meeting of April
20, 1981. The first five pages of this petition had been filed
with the Town Board on April 13, 1981.
MR. JOHNSON moved to receive the communication and place it on
file.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A second communication from the Planning Board was a referral
on the application of the Atlas Water Company for a Special Use
Permit for an underground storage reservoir, as follows:
May 5th 1981
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, NY 12590
Re: Referral on the application of the Atlas Water Company for
a Special Use Permit for an underground storagereservoir.
Dear Board Members:
At the May 4th, 1981 Planning Board meeting, a motion was
made by Mr. Fanuele, seconded by Mr. Parsons, to send a letter
to the Town Board advising them of the following:
The application is not complete as it does not comply
with site plan criteria. There are also zoning problems and
drainage concerns as expressed in reports from the Zoning
Administrator and the Engineer to the Town. The Planning Board
also feels that a detailer staging plan should be presented.
Further, vehicular access to the site appears to be in contention.
The Planning Board would have to review and agree to a
detailed site plan before they could make a positive recommendation
on this application.
Enclosed for your information are copies of the reports
which were received by the Planning Board.
341
It should be noted that
Health and the Department of
not respond.
Roll Call Vote:
Mr.
Mr.
Mr.
Mr.
Fanuele -
Keller -
Parsons -
Rubenstein
The motion was
aye
aye
aye
absent
the Dutchess County Department of
Environmental Conservation did
Mr. Brannen
Mrs. Mills
Mrs. May
at the time of vote
carried by those
- aye
aye
- absent
(arrived at 8:35NM
members present.
Respectfully yours,
s/ Betty -Ann Russ, Secr.
Town of Wappinger Planning Board
This application had been referred to other agencies for their
review, namely ---Rudolph Lapar, Engineer to the Town, the Zoning
Administrator, Conservation Advisory Council, Dutchess County
Soil and Water Conservation District,
of Health, Dutchess County Department
of Environmental Conservation.
that there was no response from
ment or the Department of
New York State Department
of Health and the Department
It was noted in the communication
the Dutchess County Health Depart -
Environmental Conservation. All the
agencies that did respond found items to be missing in the
application.
MR. JOHNSON moved that all these recommendations be forwarded to
the Atlas Water Company.
Seconded by Mr. Versace
Motion Unanimously Carried
Before the motion was voted on, Mr. Lafko, being recognized by
the Chair, remarked that the facts stated in the responses to the
application for the Special Use Permit, were done so by people
not qualified to make these decisions. He then asked why should
he bother obtaining this permit when the Town was considering an
Article 78 proceedings against DEC, which was listed on the Agenda
under resolutions. Mr. Diehl pointed out to him that this matter
had nothing to do with Atlas Water Company, it referred to the
chemicals being stored by the Mancini Company.
Mr. Diehl interrupted Mr. Lafko to point out that all their
differences with him could be solved if Mr. Lafko would concede
to the fact that the town has formed the Cranberry Hills Water
Improvement Area and would be willing to buy water from the
Atlas Water Company. Mr. Lafko continued his discussion but
would not commit himself to an answ4r to Mr. Diehl's offer.
He argued with the opinion that an impactment statement was
needed on this permit; it was only needed if the storage was
over one million gallon capacity. He differed with Mr. Diehl
on the fact that Cranberry Hills was a water district ---when
the town has a district, he continued, then he would discuss
procedures with them.
1/400
Mr. Versace proceeded to answer Mr.Lafko's objections to the
various opinions expressed on the application and informed him
that there were deficiencies in it, but once it was properly
submitted to the Town Board, in his opinion, there would be no
problem or objection to issuing a special use permit. He went
on to state that the Cranberry Hills Improvement Area would be
a tenant to the Central Wappinger Water Improvement Area ---they
are not a district, the original intent was for them to purchaise
water from Central Wappinger Water Improvement Area, now, since
Atlas Water was awarded the water service to Cranberry, the Town
would purchase the water from Atlas Water Company.
Mr. Lafko continued his discussion until Mr. Diehl interrupted
and suggested that this be continued at an executive session
with the Board and Mr. Lafko.
MR. DIEHL moved that this meeting be recessed, at the conclusion
of the Agenda, for an executive session with Mr. Lafko on May 14,
1981 at 7:30 P.M.
Seconded by Mr. Johnson
Motion Unanimously Carried
A third communication from the Planning Board recommended that
the building permit fees proposed by Mr. Gunderud, be adopted by
the Town Board.
MR. JOHNSON moved to table this matter until the new Subdivision
Regulations were complete and action could then be taken on the
two items.
Seconded by Mrs. Reilly
Motion Unanimously Carried
,3,4 3
The next item was a letter from Mr. Hawksley, Chairman of the
Conservation Advisory Council regarding the Atlas Water Company
Storage Reservoir which was discussed previously and no action
was required.
A report was received from the Comptroller on a Cost Comparison
of Operating Water & Sewer Districts, which had been requested
by Mr. Versace at a previous meeting. Mr. Versace felt that he
wanted to review this further with Mr. Cuatt and discuss it with
the Board at a future time.
MR. VERSACE moved to table this report until the next meeting.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A bid for Sludge Removal was awarded to Lafko Associateq, Inc.
at a previous meeting of the Town Board in the amount of $25.00
per 1,000 gallons. Mr. Lafko wrote to the Board asking for a
$20.00 per 1,000 gallon increase due to the fact that dumping
fee for this sludge was raised to $25.00 which left him no profit.
He claimed he.had no knowledge of this increase when he submitted
his profit and he was still $5.00 less than the only other bidder;
(with the increase his price would be $45.00 per 1,000 gallons).
Mr. Adams brought out the fact that the haulers were advised of
this increase on March 23, 1981, the date of the publication of
the bids was March 27, 1981 and the bid opening was April 7, 1981.
Mr. Diehl asked that the following letters be read:
May 11, 1981
Louis Diehl, Supervisor
Town Hall, Mill Street
Wappingers Falls, N.Y. 12590
Re: Lafko Associates Letter
dated May 5, 1981
Dear Supervisor Diehl:
We are in receipt of a copy of the above letter in regard
to disposal of sludge from the Town of Wappinger wastewater
treatment facilities.
The following facts are forwarded for your purusal:
9
L
16,
4
1. Camo Pollution Control, Inc. isnot in the sludge
disposal business. MoCann Properties, Inc. is an entirely
separate corporation. The two principals of Camo are not
the only principals in MoCann Properties, Inc.
2. Lafko Associates has disposed of sludge at the MoCann
Disposal site and has always purchased disposal tickets from
the MoCann Properties Corporation NOT Camo Pollution Control,
Inc.
3. Camo Pollution Control, Inc. obviously cannot provide
any "special" dumping fee.
Please do not hesitate to contact us in regard to any further
questions in this matter.
Very truly yours,
Camo Pollution Control, Inc.
s/ George B. Cacchio,
President
May 11, 1981
Mr. Louis Diehl, Supervisor
Town Hall, Mill Street
Wappingers Falls, N.Y. 12590
Dear Mr. Diehl:
As regards your three specific questions to me on May
11, 1981, I would like to advise you of the following:
1. In the year from April 1, 1980 to April 1, 1981,
Lafko Associates paid $16.50 per 1000 gallons to discharge
sludge at the MoCann site.
2. All 10 haulers that deliver sludge to MoCann were
advised by letter dated March 23, 1981 that effective April 1,
the price increase to $25.00 would be in effect and new color
tickets that reflect this price would be the only tickets
accepted at the site with any old tickets being redeemed at
the office prior to April 1. The only exception to this was
Lafko Associates because Gary Lafko called and requested that
he be allowed to use his few remaining old tickets on April 2
as he had a job and could not get up to our office to switch
them. In order to accommodate him, we did so oblige and he
reimbursed us the difference in price shortly thereafter.
3. Two representatives of Lafko Associates were know-
ledgeable of this rate increase specifically Mr. Ron Lafko
in my meetingwith him on April 11, 1981 at which the matter
was discussed and Mr. Gary Lafko as mentioned above.
Hoping this answers your questions, I remain
Very truly yours,
MoCann Properties, Inc.
s/ Michael J. Morris
Due to the fact that Mr. Lafko kept interrupting while the
Town Clerk was reading these letters and would not respond to
Mr. Diehl's request to sit down, it was suggested that the Board
recess for five minutes.
to
MR. VERSACE moved that the Town Board recess for five minutes.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The Board recessed at 9:21 P.M.
The meeting was called back to order at 9:29 P.m. and all Board
members (4) were present.
Mr. Versace remarked that they had two alternatives ---either
Lafko Associates perform under the. bid as accepted by the
Town Board,or they rebid for the sludge removal. It would not
be possible to increase the original bid by $20.00. Mr. Adams
agreed with Mr. Versace who requested that the Town Board rescind
the motion of awarding the bid to Lafko Associates, Inc. due to
the fact that he cannot perform these services at the price he
had bid and that the Board move to rebid these services.
There was a time period involved,due to the fact that this
notice to bidders must be advertised, and Mr. Diehl asked Mr.
Lafko if he would provide these services during the interim.
After disputing the facts in the two previous letters and
further discussion by Lafko, he agreed to continue these services
in an emergency situation which could result in a health hazard
for the town.
MR. VERSACE moved that the Town Clerk be authorized to advertise
for bids for sludge removal from the sewer plants, to be opened
on May 20, 1981 at 4:00 P.M. and action taken by the Town Board
at a Special Meeting to be set for that date.
Seconded by Mr. Johnson
M
1
Motion Unanimously Carried 111110
MR. VERSACE moved that a Special Meeting be set for May 20, 1981
at 4:00 P.M. for the sole purpose of awarding the bid for sludge
removal.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mrs. Snowden wrote a memo to the Town Board asking that they
set a firm policy on the cut-off date for items on the agenda,
X46
At a previous meeting, Mr. Versace had stated that the Board
should adhere to the 10 day cut off policy on correspondence
for the agenda, however, in Mrs. Snowden's letter she was under
the impression that the Monday preceding the meeting, which would
be the first Monday of the month, was the cut off date (seven days).
She suggested that a policy be set that would be workable for all
concerned.
MR. JOHWSOT moved that this matter be tabled for discussion at
the next work shop session of the Board.
Seconded by Mr. Versace
Motion Unanimously Carried
Under Committee Reports, Mr. Johnson reported that the Recreation
Committee (Mr. Johnson, Mrs. Reilly) had received correspondence
from Mr. Maurer concerning Mr. Klein's subdivision on Spook Hill
Road and the Hunts Country Estates in the same area. This was
in response to a letter from the Committee requesting a decision
on recreation property in those subdivisions or money in lieu of
land. The Commission preferred that property as so noted on the
subdivision map be deeded over to the Town and Mr. Johnson asked
that this communication be referred to the Planning Board.
He then reported for the Drainage Committee and had received a
cost breakdown from Mr. Lapar on the engineering proposal for
Phase II of the Drainage Project which he would discuss further
at a work shop session.
Under the Tri -municipal Project, he reported that a meeting had
been held last Thursday night at which time he brought up a
request which had been made by the Town Board for the Commission
to write to the EPA for information on individual grants for the
Town owned sewer plants. The Commission, he said, will address
this subject. A Public Hearing has been set for June 4th, 1981
at Roy C. Ketcham High School at 7:30 P.M., which will be conducted
by the EPA for comments on the Draft EIS prepared by EccoSciences,
as well as the engineering studies prepared by the firms of Rudolph
Lapar and Hayward and Pakin. Copies are available at the Town
Clerk's Office and at the Library for the public to inspect.
347
Mr. Versace said he was confused since he understood that
the two developers were willing to perform work for the
recreation in these areas instead of giving the land, or
give them monies for projects the Recreation Commission might
be planning. Mrs. Reilly explained that there was a misunder-
standing and the Commission was confusing Mr. Klein's subdivision
on All Angels Hill Road with the one on Spook Hill Road. They
would clarify this as she had explained this to Mr. Maurer and
further discussion would take place on their recommendations.
The next item to be considered was the acceptance of Rose Lane
as a Town Road. The Attorney noted that the title policy had
not been received by him and he would like action delayed on
this matter until all documents were received.
The next item on the agenda relating to Rules and Procedures of
the Hudson River Oil & Hazardous Substance Spill Committee was
not ready to be acted upon at this time as the Attorney was
waiting for additional information. Mr. Diehl asked that this
be tabled until the June meeting.
Mr. Ron Lafko, being recognized by the Chair, asked the origin
of this committee and when it took place. Mr. Diehl then asked
Mr. Hawksley to explain it since he represented the Town at these
meetings. Mr. Lafko was interested in participating on this
committee and Mr. Diehl suggested that he discuss this with Mr.
Hawksley who could provide more information for him.
Bids for a one ton dual -wheel dump truck were opened on May
6th; three bids were received as follows: McCallum Chevrolet
at $12,265.00, Pleasant Valley Ford at $12,425.00 and Healey
International. at $15,000.00. Mr. Horton recommended that the
bid be awarded to Pleasant Valley Ford for $12,425..00 due to
the fact that McCallum Chevrolet, apparent low bidder, -was
doubtful about delivery. This had gone to bid previously, but
due to the fact that one bid was received, the Board recommended
that it be bid a second time. Mr. Johnson requested that the
Town Clerk contact McCallum Chevrolet for clarification of a
delivery date and the Board could take action on this matter
at the special meeting set for May 20, 1981.
kie
'343
MR. VERSACE moved that the Town Board consider awarding the bid
for the dump truck at the Special Meeting which has been set for
May 20, 1981 at 4:00 P.M., subject to receipt of clarification on
delivery date from McCallum Chevrolet.
Seconded by Mr. Johnson
Motion Unanimously Carried
A resolution for the Central Wappinger Water Improvement Area
relative to the additional well was placed before the Board for
their consideration.
Before any action was taken, Mr. Versace wished to discuss the
resolution. The resolution empowered the engineer to proceed
with the necessary steps to develop the well testing and well
sites, prepare such plans and specifications for the well testing
and submit recommendations to the Town Board for its consideration
and approval. Mr. Versace asked what testings would be done and
was concerned that it was a piece meal operation which would crette
additional expenses for the residents of CWWIA. Over two years
ago, the Town Board approved a bond for $254,000.00 for the same
work, only now it's being done piece meal. Mr. Lapar then informed
him this was all part of that bond; as the work was being planned,
it had to be approved prior to the commencement of each phase.
Mr. Johnson pointed out that D.E.C. now required an additional
source of water of approximately 500 gpm, as a back-up to the
system, which was over and above the original requirements for
the system when it was first established. Mr. Versace again voiced
his concern for the residents of the area who were told in the
beginning of its formation what their expenses would be ---they have
no source of revenue to turn to. He could not agree to an additional
well especially when there was no guarantee that this aquifer would
produce 500 gpm that it was determined was needed. It will be a
Town Board decision, he continued, but it won't be his.
Further discussion ensued when Mr. Incornato, Gary Lafko and
Fred Lafko were each recognized by the Chair. Mr. Diehl recom-
mended that the resolution be tabled until the next regular
meeting.
349
The following Ordinance Amending the Blasting Ordinance was
introduced by COUNCILMAN JOHNSON:
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section 1. Section 5 of "An Ordinance Regulating Blasting
and the use of Explosives in Blasting Operations" adopted by
the Town Board of the Town of Wappinger on August 12, 1968 is
amended by deleting the provisions thereof in its entirety and
by substituting in place thereof the following:
Section 5. Blaster's License
(a) A blaster's license shall be issued by the Town Clerk
of the Town of Wappinger upon application on forms prescribed
by her, and upon payment of a fee of FIFTY ($50.00) DOLLARS
providing the applicant shall have complied with the requirements
as provided for under the Labor Law and under the Codes, Rules
and Regulations and all other state statutes and regulations as
well as all local laws and ordinances and shall, in addition,
have furnished evidence in the form of a certificate of insurance
issued by an insurance company authorized to do business in the
State of New York, in form acceptable to the Attorney to the
Town guaranteeing that the applicant has in full force and
effect at the time of the making of such application a policy
of public liability insurance including a specific endorsement
covering any and all liabilities arising from blasting operations.
The said policy and certificate shall provide for bodily injury
coverage in limits of not less than Five Hundred Thousand to One
Million Dollars ($500,000/$1,000,000) and for property dmmage
coverage in limits of not less than Two Hundred Fifty Thousand
($250,000) Dollars and shall further provide that the Town of
Wappinger, Dutchess County, New York, will be held harmless
from any and all claims, actions and proceedings, which may be
brought against it by any person, firm or corporation for injury
to person or damage to property resulting from or occasioned by
such blasting operations. Such policy shall contain the further
provision that it shall not be cancelled, terminated, modified
or changed by the insurance compammy issuing it unless at least
ten days prior written notice of such cancellation, termination,
modification or change is sent to the Town Clerk by registered
mail. The policy shall further provide that the presence of
the Town Engineer or any consulting engineer responsible for
specific town projects or their representatives.on the site of
the operation shall not affect the obligation of the insurer
under its said policy. No blaster's license shall be valid
unless such insurance coverage shall remain in full force and
effect.
(b) All applications shall be made at least ten days before
the date of blasting activities. Each blasting permit application
shall be accompanied by a certification from the zoning adminis-
trator and/or building inspector that the applicant or the owner
of the land wherethe blasting activity shall take place has obtained
all necessary permits or that zoning or building permits are not
necessary. All applications shall fully describe the notice of
the activity for which the blasting is being undertaken and shall
identify the name, address and telephone number of the person who
has authorized the blasting activity, and contain written author-
ization by the landowner for such activity.
(c) The blaster's license shall be valid only for one day at
the location specified on the permit, its issuance, providing that
the applicant shall comply with the requirements contained in this
ordinance, with the Labor Law and with the said Codes, Rules and
350!,
Regulations. Separate application must be made for renewal or
extension, and a fee of $10.00 shall accompany each application
for renewal, or extension. Extension or renewal for a date
fifteen or more days beyond the first permit date shall not be
permitted.
Section 2. This ordinance shall take effect immediately
upon adoption and publication as provided by law.
MR. JOHNSON moved that a Public Hearing be set for June 8, 1981
at 7:45 P.M. to hear all persons concerning the Amendment to the
Blaster's Ordinance.
Seconded by Mr. Versace
Motion Unanimously Carried
The acceptance of Blackthorn Loop and Primrose Lane as Town
Roads was not ready for action by the Board, however there was
a resident present who wished to speak to the Board on this
matter.
Mr. Dick Bickerton, 1 Primrose Court, was recognized by the Chair
and informed the Board that the two trees per lot, which was to
be purchased by the developer, had not been complied with.
Mr. Diehl said a letter had been received from the Zoning
Administrator bringing this fact to the Board's attention, and
recommending that acceptance of these roads be conditional upon
the developer meeting the "tree" condition requirement. He then
recommended that this matter be tabled until the developer conforms
with all requirements.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
RESOLVED that G. George Urciuoli be and he is hereby appointed
to fill the vacancy on the Zoning Board of Appeals which has
occurred by reason of the resignation of Howard Prager, Jr., and
it is further
RESOLVED that''the said G. George Urciuoli be appointed to a
term which shall expire February 1, 1985.
Seconded by Mrs. Reilly
Roll Call Vote: 4 Ayes O Nays
The following proposed Local Law was introduced by COUNCILMAN
JOHNSON:
A Local Law amending Local Law No. 1 of 1977.
351
BE'IT ENACTED by the Town Board of the Town of Wappinger
as follows:
One: Section 3.5 is amended by deleting the provisions
thereof in their entirety and by substituting the following
in its place:
The use of any lands within the Town of Wappinger as a
dump or dumping grounds, storage, or disposal facility for any
refuse, garbage, waste paper, rags, scraps of any kind or
description or any discarded material commonly called junk or
trash or of any description where such items originate from
within the State of New York but outside the Town of Wappinger
as well as the bringing into the Town of Wappinger of such items
of waste or garbage which originate from within the State of
New York but outside the Town of Wappinger is prohibited.
Two: This local law shall become effective upon filing
with the Secretary of State.
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the llth day of May, 1981,
a proposed Local Law Amending Local Law No. 1 of 1977, Regulating
Dumping, and
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the.Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing shall be held on the said
proposed Local Law by the Town Board of the Town of Wappinger
on the 8th day of June, 1981 at 7:55 P.M. EDT on such day at
the Town Hall, Mill Street, in the Village of Wappingers Falls,
Dutchess County, New York.
2. That at least five (5) days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger, by
the due posting thereof upon the bulletin board maintained by
said Town Clerk in the Town Hall and by publishing such notice
at least once in the official newspaper of the Town of Wappinger.
Seconded by Mr. Versace
Roll Call Vote: 4 Ayes 0 Nays
A Public Hearing having been held on a Local Law Providing for
the administration and enforcement of the New York State Fire
Prevention Code on May 5, 1981, the matter was now placed before
the Town Board for their consideration.
MR. JOHNSON moved to adopt Local Law #k3 of 1981 as follows:
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ARTICLE 1
APPLICABILITY
This local law shall provide the basicmethod for
administration and enforcement of the New York State Fire
160 Prevention Code in the Town of Wappinger and shall establish
powers, duties and responsibilities in connection therewith.
ARTICLE 2
ADMINISTRATION
There is hereby designated a Bureau of Fire Prevention,
hereinafter referred to as "the Bureau", to administer and enforce
the State Fire Prevention Code within the Town of ;Jappinger. The
Bureau shall consist of seven (7) members. Two (2) members,
active firefighters, representing each fire district in the Town
of Wappinger, shall be designated by their respective District
Board of Fire Commissioners and approved by the Town Board of the
Town of Wappinger. The Town Board shall also designate the Town
Building Inspector as a member of the Bureau.. The term of office
of each fire district member shall be two (2) years excepting that
3.5 2
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one member of each fire district appointed in 1981 shall be for an
initial term of one (1) year. Any vacancy shall be filled for the
balance of the term.
ARTICLE 3
RULES AND REGULATIONS
A. The Bureau may adopt rules and regulations, approved by
the Town Board, for the administration and enforcement of the New
York State Fire Prevention Code. Such rules and regulations shall
not conflict with the New York State Fire Prevention Code, this
local law or any other provision of law.
B. The Bureau shall publish all rules and regulations at
least twenty (20) days prior to the effective date thereof in
a newspaper of general circulation within the Town of Wappinger.
ARTICLE 4
PERMITS
A. Upon payment of a fee as prescribed in a schedule of fees
adopted by the Bureau and approved by the Town Board, permits
shall be issued by the Bureau and bear the name and signature of a
member of the Bureau and shall specify:
(1) Activity or operation for which permit is issued.
(2) Address or location where activity or operation is to be
conducted.
(3) Name and address of permittee.
(4) Permit number and date of issuance.
(5) Period of permit validity.
B. Permits shall not be transferable, and any change in
activity, operation, location, ownership or use shall require a
new permit.
C. Permits shall continue until revoked or for a period of
time designated at the time of issuance. An extension of the
permit time period may be granted, provided a satisfactory reason
can be shown for failure to start or complete the work or activity
authorized within the required time period.
D. Revocation shall take place when it has been determined
by the Bureau or the Building Inspector that there is
nonconformance with the fire code or any provision of this local
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law or there has been misrepresentation or falsification of
material facts on the application. Revocation shall be by written
notice advising the permittee of violations found to exist.
ihe E. Permits shall be obtained for the following:
(1) Acetylene generators. To operate an acetylene generator
%I, having a calcium carbide capacity exceeding five (5) pounds.
(2) Automobile tire rebuilding plants. To operate an
automobile tire rebuilding plant.
(3) Automobile wrecking yards. To operate an automobile
wrecking yard.
(4) Bowling establishments. For bowling pin refinishing and
bowling lane resurfacing operations involving the use and
application of flammable or combustible liquids or materials.
(5) Cellulose nitrate motion -picture film. To store, keep
or have on hand more than twenty-five (25) pounds of cellulose
nitrate motion -picture film.
(6) Cellulose nitrate plastics (pyroxylin).
(a) To store, keep or have on hand more than
twenty-five (25) pounds of cellulose nitrate plastics
(pyroxylin).
(b) To manufacture articles of cellulose nitrate
plastics (pyroxylin), which shall include the use of cellulose
nitrate plastics (pyroxylin) in the manufacture or assembling of
other articles.
(7) Combustible fibers. To store, handle or use combustible
fibers in quantities in excess of one hundred (100) cubic feet,
except agricultural products on a farm.
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(8) Combustible materials. To store combustible materials,
including but not limited to empty combustible packing cases,
boxes, barrels or similar containers, rubber tires, baled cotton,
rubber, cork or other similar materials in excess of two thousand
five hundred (2,500) cubic feet gross volume, on any premises.
(9) Compressed gases.
(a) To store, handle or use at normal temperatures and
pressures more than:
(1) Two thousand (2,000) cubic feet of flammable
compressed gas; or
(2) Six thousand (6,000) cubic feet of
nonflammable compressed gas.
(b) To store, handle or use any quantity of liquified
natural or hydrogen gas.
(10) Cryogens. To store, handle or use cryogenic fluids,
except cryogens used as a motor fuel and stored in motor vehicle
tanks, as follows:
(a) Production, sale or storage of cryogenic fluids,
(b) Storage or use of flammable cryogenic fluids,
cryogenic oxidizers or liquified oxygen in excess of ten (10)
gallons.
(11) Dry-cleaning plants. To use in excess of four (4)
gallons of solvents or cleaning agents calssified as flammable or
combustible.
(12) Dust -producing plants. To operate any grain elevator,
flour, starch or feed mill, woodworking plant, or plant
pulverizing aluminum, coal, cocoa, plastics, magnesium, spices,
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sugar, sulfur or other materials producing explosive -potential
dust.
(13) Explosive, ammunition and blasting agents.
(a) To manufacture, possess, store, sell or otherwise
dispose of explosives and blasting agents.
(b) To use explosives or blasting agents.
(c) To operate a terminal for handling explosives or
blasting agents.
(14) Flammable and combustible liquids.
(a) To store, handle, or use flammable liquids in
excess of six and one-half (6 1/2) gallons inside dwellings, or in
excess of tett (10) gallons inside any other building or other
occupancy, or in excess of sixty (60) gallons outside of any
building. This provision shall not apply to: liquids in the fuel
tank of a motor vehicle, aircraft, portable or stationary engine,
boat or portable heating plant; paints, oils, varnishes or similar
flammable mixtures when such liquids are stored for maintenance,
painting or similar purposes.
(b) To store, handle or use combustible liquids in
excess of twenty-five (25) gallons inside a building, or in excess
of sixty (60) gallons outside of a building. This provision shall
not apply to fuel oil used in connection with oil -burning
equipment.
(c) A permit shall be obtained for the initial instal-
lation of an oil burner and a fuel oil tank used in connection
therewith. A permit shall be required for the replacement of a f-
uel oil tank connected to an oil burner.
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(d) For processing, blending or refining of flammable
or combustible liquids.
(15) Flammable finishing. For spraying, coating or dipping
operations utilizing flammable or combustible liquids.
(16) Fruit ripening process. To conduct a fruit ripening
process using ethylene gas.
(17) Fumigation and thermal insecticidal fogging. To
conduct fumigation or thermal insecticidal fogging operations.
(18) Hazardous chemicals.
(a) To store, handle or use more than fifty-five (55)
gallons of corrosive liquids, or more than fifty (50) pounds of
oxidizing raterials, or more than ten (10) pounds of organic
peroxides, or more than fifty (50) pounds of nitromethane, or one
thousand (1,000) pounds or more of ammonium nitrate, ammonium
nitrate fertilizers and fertilizer mixtures containing sixty
percent (607) or more of ammonium or any amount of toxic material
or poisonous gas.
(b) To store, handle or use any quantity of
air -reactive, water -reactive or unstable materials.
(19) Junkyards. To operate a junkyard.
(20) Liquified petroleum gas. For each installation of
liquified petroleum gas employing a container or an aggregate of
interconnected containers of over two thousand (2,000) gallons'
water capacity, and for each permanent installation, irrespective
of size of containers, made at buildings in which twenty (20) or
more persons congregate fo civic, political, educational,
religious, social or recreational purposes. Installers shall
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maintain a record of all installations and replacements of
portable cylinders and have it available for inspection.
(21) Lumberyards. To operate a lumberyard.
(22) Magnesium. For melting, casting, heat treating,
machining or grinding of more than ten (10) pounds of magnesium
per working day.
(23) Matches.
(a) To manufacture matches.
(b) To store matches in excess of twenty-five (25)
cases. (Note: One (1) case equals one (1) matchman's gross of
fourteen thousand four hundred (14,400) matches).
(24) Organic coatings. To perform organic coating
operations utilizing more than one (1) gallon of organic coating
on any working day.
(25) Ovens and furnaces. To operate industrial processing
ovens and furnaces operating at approximately atmospheric
pressures and temperatues not exceeding one thousand four hundred
degrees Fahrenheit (1,400 degrees F.) which are heated with oil or
gas fuel or which during operation contain flammable vapors from
the material in the oven or catalytic combustion system.
(26) Places of assembly. To maintain, operate or use a
place of assembly.
(27) Service stations and repair.garages. To operate a
service station or repair garage.
(28) Welding and cutting. To operate a welding and cutting
business. A record of all locations where welding or cutting
operations are performed shall be maintained and kept available
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for inspection by the permit holder.
,. Consolidated permits. When more than one (1) permit is
required for the same property or premises, a single permit may be
issued listing all materials or operations covered. Revocation of
a portion orportions of such consolidated permit, for specfic
hazardous materials or operations, shall not invalidate the
remainder.
Location of permits. Permits shall be kept on the
property or premises covered by the permit or carried by the
permit holder.
Revocation of permits. When it is determined there is a
violation of a condition under which the permit was issued or
there has been misrepresentation or falsification of material
facts in connection with the permit application or a conditon of
the permit or the building inspector, permits may be suspended or
revoked upon seven (7) days notice advising the permit holder of
the intended suspension and advising him he may protest in writing
the supervision or revocation, provided that such answer or
protest is delivered to the building inspector no later than
within seven (7) days of mailing. Such provisions shall not be
applicable in the event of an emergency.
ARTICLE 5
INSPECTIONS
A. The Bureau of Inspectors or its designated representa-
tives appointed by it shall conduct periodic inspections of any
premise within the Town of Wappinger to ascertain compliance with
the provisions of the New York State Fire Prevention Code. Such
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inspections may be made at any reasonable time.
B. If entrance to make an inspection is refused or cannot be
obtained, the Bureau or building inspector may apply for a warrant
to make an inspection to any court of competent jurisdiction.
ARTICLE 6 '
ADDITIONAL DUTIES AND POWERS OF BUREAU
A. The Bureau of Fire Prevention shall designate any
areas at, on or near any interior street, roadway or driveway in
which any obstruction due to the parking or placing therein of any
automobile, truck, motor vehicle or any other physical object or
material will cause interference with the ingress and egress of
fire -fighting equipment, or which will create a condition
dangerous to life or property in the event of fire. Such areas
shall thereupon be marked with standard police signs and/or such
other markings deemed necessary and proper by the Bureau,
indicating that said area is a restricted fire zone. The parking
of any automobile, truck, motor vehicle or any other physical
object or material within any such restricted fire zone is hereby
expressly prohibited. Said signs and markings shall be installed
by and at the expense of the owner of the property, and upon his
failure to do so, he shall be guilty of a violation of this local
law and subject to the enforcement provisions thereof.
Notwithstanding and not in limitation of any provision hereof, no
automobile, truck or other motor vehicle, and no physical object
or material of any nature, shall be parked, placed or permitted
to remain for any length of time whatever within twenty (20) feet
of any fire hydrant or standpipe located at, on or near any
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',interior street, roadway or driveway within any premises
classified under the zoning ordinance as multiple residence.
VAAAVUG
B. The Bureau shall icer -.-the inspection of all hydrants
installed within the Town of Wappinger, private or publically
owned and that all fire hydrants within the Town shall be subject
to periodic testing_ All hydrants shall be maintained in an operable
condition and shall meet minimum ISO fire flow standards for
residences and they shall be clearly marked in all weather and
kept accessible for Fire Department use by the owners.
C. In addition, the following will be subject to review and
approval by the Bureau when notinconflict with applicable New
York State, Dutchess County or Town of Wappinger law:
(1) The minimum acceptable width of roads used as access or
egress to apartments, commercial or general business buildings or
shopping area complexes.
(2) Hydrant locations in apartments, commercial or general
business buildings or shopping area complexes.
(3) Acess to the hydrants and availability of fire lanes
to and adjacent to apartments,.commercail or general business
buildings or shopping area complexes.
(4). Smoking in places of public assembly.
(5) Allowable occupancy in places of public assembly.
D. Approval in writing for conformance with existing fire
prevention ordinance cr laws must be obtained from the Bureau
before construction of new multiple dwelling developments, apart-
ment complexes, shopping centers or commercial or general business
buildings may be implemented.
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ARTICLE 7
VIOLATIONS
A. A person owning, operating, occupying or maintaining pro-
perty or premises within the scope of the New York State Fire
Prevention Code or this chapter shall comply with all the provi-
sions of the New York State Fire Prevention Code, this chapter and
all others, notices, rules, regulations or determinations
issued in connection therewith.
B. Whenever the Bureau or the Building Inspector finds that
there has been a violation of the New York State Fire Prevention
Code, this chapter or any rule or regulation adopted pursuant to
this chapter, a violation order shall be issued to the person or
persons responsible.
C. Violation orders shall be in writing; shall identify the
property or premises; shall specify the violation and remedial
action to be taken; shall provide a reasonable time limit for
compliance; and shall state the time within which an appeal may be
taken.
D. Violation orders may be served by personal service, by
mailing by registered or certified mail, or by posting a copy
thereof in a conspicuous place on the premises and by mailing a
copy thereof to the premises on the same day as posted, enclosed
in a postpaid wrapper addressed to the person responsible.
E. In case the owner, lessor, occupant or the agent of any
of them shall fail, neglect or refuse to remove, eliminate or
abate the violation within the time specified in the violation
order, the owner shall be subject to the penalties prescribed in
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Article 8 of this local law.
F. Whenever the Bureau or building inspector, at any stage
of the proceedings instituted under the provisions of this local
law, finds that a violation exists which, in his opinion, requires
immediate action to abate a direct hazard or immediate danger to
the health, safety, morals or welfare of the occupants of a
building or of the public, he may, without prior notice or
hearing, issue an order citing the violation and directing that
such action be taken as is necessary to remove or abate the hazard
or danger. Notwithstanding any other provision of this chapter,
such order shall be effective immediai=ely upon service and shall
be complied with immediately or as otherwise provided.
ARTICLE 8.
PENALTIES FOR OFFENSES
A. Failure to comply with any provision of the New York
State Fire Prevention Code, this chapter, rules or regulations
adopted pursuant to this chapter or a violation order shall be
deemed a violation, and the violator shall be liable for a fine
of not more than two hundred fifty dollars ($250.00) or
imprisonment not to exceed fifteen (15) days, or both, and each
day such violation continues shall constitute a separate
violation. Any person found to be in violation shall also be
subject to civil penalties in the amount of $250.00 per day for
each day any violation continues, and each day shall constitute a
separate violation.
B. An action or proceeding in the name of the Town of
Wappinger may be commenced in any court of competent jurisdiction
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to compel compliance with or restrain by injunction the violation
of any provision
chapter, rule or
violation order,
case of imminent
of the New York State Fire Prevention Code, this
regulation aodpted pursuant to this chapter or a
or to vacate the occupancy or building in the
danger to life or property. Such remedy shall be
in addition to penalties otherwise prescried by law.
ARTICLE 9
RECORDS
The Building Inspector shall keep official records of all
permits, inspection reports, recommendations, complaints and
violation orders.
ARTICLE 10
REMOVAL OF DANGEROUS BUILDINGS AND STRUCTURES
A. A building or structure or part thereof which is an
imminent danger tolife and safety of the public as a result of a
fire or
B.
thereof
explosion is hereby declared to be a public nuisance.
Whenever the Bureau finds a building or structure or part
to be an imminent danger to life and safety of the public
as a result of a fire or explosion, the Bureau may cause it to be
demolished and removed or may cause such work to be done in and
about the building or structure
danger.
C. The Bureau may require
or structure or part thereof to
person shall use or occupy such
thereof until it is made safe.
shall enter premises which have
as may be necessary to removethe
the occupants of any such building
vacate the premises forthwith. No
building or structure or part
Except for the owner, no person
been ordered vacated unless
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authorized to perform inspections, repairs or to demolish and
remove such building or structure or part thereof.
D. All costs and expenses incurred by the Town of Wappinger
in connection with any work done to remove the danger or in con-
nection.with the demolition and removal of any such building or
structure shall be assessed against the land on which such build-
ing or structue is located, and a bill for
presented to the owner of the property, or
ascertained, then such bill shall be posed
such expenses shall be
if the owner cannot be
in a
on the premsises. Such assessment shall be and
conspicuous place
constitute a lien
upon such land. If the owner shall fail to pay fDr such expenses
within ten (10) days after the bill is presented or posted, a
legal action may be brought to collect such assessment or to
foreclose such lien. As an .alternative to the maintenance of any
such action, the Bureau may file a certificate of the actual
expenses incurred as aforesaid, together with a statemetnt
identifying the property in connection with which the expenses
were incurred and the owner thereof, with the Assessor, who shall
in the preparation of the next assessment roll assess such amount
upon such property. Such amount shall be included in the levy
against such property, shall constitue a lien and shall be
be collected and enforced in the same manner, by the same
proceedings, at the same time and under the same penalties as is
provided by law for the collection and enforcement of real
property taxes in the Town of Wappinger.
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366
ARTICLE 11
REPEALER
All ordinances or local laws, or parts thereof inconsistent
with the provisons of this local law are hereby repealed to the
extent of such inconsistencies.
ARTICLE 12
SEVERABILITY
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not effect, impair or
invalidate any other clause, sentence, paragraph, section or part
of this local law.
ARTICLE 13
A. No liability shall.be attributed to the Town of
Wappinger, the Bureau of Fire Prevention, the Fire Districts, the
Chief or Assistant of a Fire District or to such Inspectors as
they shall appoint, if they fail to take such inspection as called
for in this law.
B. The Town of Wappinger, the Bureau of Fire Prevention, the
Fire District, their Chiefs and Assistants or Fire Inspector shall
not be held liable should fire or other damage occur after they
have made an inspection or issued a permit, under the provisions
of this law.
ARTICLE 14
EFFECTIVE DATE
This local law shall take effect as provided by law after
filing of copies with the Secretary of State.
Seconded by:. Mrs. Reilly
Roll Call.Vote:' 4 lyes 0 Nays
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Mr. Johnson noted that the Fire Prevention Bureau had set
the third Tuesday of the month for their regular meeting but
he asked that the Town Clerk confirm this with Mr. Gunderud
and advise the Board.
A Public Hearing having been held on a proposed Local Law
Prohibiting Parking or Standing in Fire Lanes maintained by
Wappinger Plaza, the matter was now placed before the Board
for their consideration.
MR. JOHNSON moved to adopt Local Law # 4 of 1981 as follows:
A Local Law adopted pursuant to Vehicle and Traffic Law
Section1660-a.
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
Section 1. There shall be no parking or standing by any
motor vehicle in lanes marked Fire Lanes within those parking
areas and driveways maintained by Wappinger Plaza, its successors
or assigns.
Section 2. It shall be the responsibility of the owner of
Wappinger Plaza, its successors or assigns to construct and
maintain signs and other markings appropriate to identify fire
lanes and to provide notice of tow -away restrictions, and fines.
Said signs shall conform to the uniform standards 'prescribed by
the New York State Department of Transportation to the extent
provision is made for such signs. Fire Lanes shall be located
in those areas designated by the Fire Chief in whose jurisdiction
it lies.
Section 3. Any motor vehicle found standing•or parked
within an area designated as a Fire Lane may be removed or towed
away and any owner or operator of such motor vehicle shall be
subject to payment of reasonable fees for such removal and
storage.
Section 4. Violation of this local law shall be subject
to a fine not greater than $25.00.
Section 5. This Local Law shall take effect upon adoption
and as provided by Municipal Home Rule Law.
Seconded by: Mr. Versace
Roll Call Vote: 4 Ayes 0 Nays
The following resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
WHEREAS the Department of Environmental Conservation
through its action concerning the storage of hazardous wastes
at properties of Mancini Trucking Co., Inc. in the Town of
Wappinger has created an unauthorized storage site for such
wastes, and
WHEREAS the actions of the Commissioner of Environmental
Conservation are in direct contradiction and violation of the
provisions of the Environmental Conservation Law and the
Commissioner's regulations, and
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WHEREAS the presence of such hazardous wastes constitutes
a potential threat to the health, safety and well-being of the
residents of the Town of Wappinger,
NOW, THEREFORE, on motion of Councilperson Johnson,
seconded by Councilperson Reilly,
BE IT RESOLVED that the attorneys to the Town of Wappinger
commence appropriate legal proceedings to compel removal of
such wastes from said site, and
BE IT FURTHER RESOLVED that such attorneys be empowered
to undertake any other acts in their discretion deemed necessary
to safeguard the health, safety and welfare of the residents of
the Town of Wappinger with respect to such wastes.
Seconded by: Mrs. Reilly
Rolo Call Vote: 4 Ayes 0 Nays
Mr. Lafko interrupted the vote to inform the Board that the
substance that was being stored was lacquer thinner, a product
which was being stored and sold by other companies right here
in the village and is transported through the area every day.
Mr. Diehl requested that the Board first vote on the resolution
and then he would hear Mr. Lafko, which was finally achieved.
It is being stored at the airport and at another plant located
in the area and every body shop of substantial size also carries
it. Mr. Lafko insisted that the Board could not take action
against one firm when others are doing the same thing. Mr.
Diehl, however, said there was a big difference when it was
being stored in quantities of 900 barrels; it would not be the
same as being applied to cars or planes.
The next item referenced an amendment to a request to the
county and state for a 30 MPH sPped limit in the Ardmore Hills
Development which had been acted on at the April 13, 1981 meeting.
Mrs. Snowden had received a call from Mr. Bergmann, Dutchess
County Department of Public Works, who hattigqested-that,,t4Lej,
Town include the area bounded by. Hopewell Road, Route 9 to the
Wappinger-Fishkill line and Cedar Hill Road, along with the
Ardmore Hills Development. Mrs. Snowden then asked the Board if
they would like to consider this amendment and the members felt
this was a good suggestion.
MR. JOHNSON moved to approve this .recommendation to include
the entire area and amend the resolution previously adopted
to be forwarded to the county and state for approval.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Adams then asked the Board to go back to Item 7B on
acceptance of rules and procedures of the Hudson River Oil &
Hazardous Substance Spill Committee. He would have no objection
to the Board accepting these rules subject to additional
language to be provided by Mr. Hawksley and approved by Mr.
Adams.
MR. JOHNSON moved to adopt the Rules and Procedures of the
Hudson River Oil & Hazardous Substance Spill Committee, subject
to additional language which will be approved by Mr. Hawksley
and Mr. Adams. -
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Ralph Holt asked to speak under New Business and as President
of the Town of Wappinger Little League Association, he thanked
the Board for the financial support of $6,500.00 they had pro-
vided for the Association last fall and introduced Frank
Worthman who gave a report on the expenditure of these monies.
He presented a booklet to the Board which included in its
contents a financial report on the $6,500.00 allocated by the
Board plus an additional amount of $352.00 which was paid by
Little League, work items completed, value of volunteer help,
comparisons of accomplishments versus original objectives, the
net value to the Town of Wappinger and a detailed break -down
of work done, field by field. At the conclusion of his presenta-
tion he also thanked the Board for their support.
The attorney for Greer Toyota, owner of property leased by the
Town and krxnn as the "Bell Site", requested under the terms of
the contract that the Engineer to the Town provide a description
of the plot plan used by the Town for the consideration of $1.00
per year.
MR. DIEHL moved to direct Mr. Lapar to provide the necessary
kw
370
information for Greer Toyota regarding the contract for leasing
the "Bell Site" property.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Diehl had received a request to rezone property on Route 9
owned by John Montfort which he presented to the Town Boatd for
referral to the Zoning Committee for review at their next work
shop.
Mr. Versace noted that this was the Green Fly Swamp area which
was of great concern to all and suggested that Mr. Montfort be
invited to attend the next work shop session of the Town Board
on May 26, 1981 to discuss this matter.
Mr. Hirkala, being recognized by the Chair, asked that the Town
Board carefully consider this application for rezoning and also
asked that they investigate illegal dumping at that site some
time ago. Mr. Diehl's recollection was that it was not determined
that it's—Illegal at that time but they would research it.
Mr. Hawksley was then recognized by the Chair and commented that
he had asked Mr. Gunderud to check out this matter and noted
that since this was a wetland, it would be controlled by the
D.E.C.
Mr. Diehl then brcught up an item which had been brought to his
attention regarding a bill which would provide grants under the
Safe Drinking Water Act (SDWA). If enacted, this bill would
authorize grants to public water systems to clean and update
water lines in the total amount of $75,000,000 for the fiscal
Ihme year after the date of enactment. It has been referred to the
House Committee on Energy and Commerce and at this time, no
hearings have been scheduled. He was :int-e-aest-ed in obtaining
more information on this grant.
MR. VERSACE moved that the Comptroller be directed to contact the
proper representatives for more information on the grants under the
SDWA.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Versace asked Mr. Adams if he had any further information on
371
the status of the landfill at Castle Point. Mr. Adams had sent
the application to D.E.C. for approval and until he received that
no determinations could be made.
Another item Mr. Versace wished to discuss was the maintenance
program at Waldbaums. He noticed litter and paper when he passes
early in the morning and it is blowing toward Myers Corners Road;
he's not picking on Waldbaums, but the other end of the Plaza is
clear of debris and he therefore had to assume it was from the
Waldbaum store. He asked that Mr. Gunderud be notified of the
situation and be requested to check it out.
Mr. Johnson had a few items to discuss ---the first was a letter
received from the New York State Department of Transportation in
response to our letter to them requesting left turn arrow:on
Myers Corners Road for southbound traffic and a left turn arrow
on Middlebush Road for easy flow of northbound traffic. This
department seemed to misinterpret the request and Mr. Johnson
felt the only avenue was to meet with Mr. FitzPatrick, the
writer of the letter, on the site and point out to him exactly what
they felt was needed to eliminate the traffic problems that now
existed. He asked the Supervisor to contact the D.O.T. to arrange
this meeting.
His second item referenced a memo from Supervisor Diehl informing
the Board that an accident which occurred on May 7, 1981 resulted
in a telephone pole being hit causing an outage in electric power
for five hours which affected the water supply in Rockingham and
Oakwood. There was no problem at Rockingham, but the Oakwood storage
was dei4ted and two loads of water had to be trucked in. Mr. Johnson
thought that possibly our insurance would cover this expense.
MR. JOHNSON moved that the Attorney contact the insurance agent
to determine if this expenditure would be covered under no-fault
insurance.
Seconded by Mr. Versace
Motion Unanimously Carried
His last item was in regard to correspondence from Mr. James
Spratt, Dutchess County Department of Public Works Commissioner
dated March 10, 1980, which stated that there were 23 accidents
el
37.
at Myers Corners Road in the Spook Hill Road area and quoted a
figure of $100,000.00 for the preliminary work in straightening
the road and this would be put on his fiscal and construction
plans.
MR. JOHNSON moved that a letter be sent to Mr. Spratt asking for
the number of accidents that are now recorded in that area,
including the two that had occured in April of 1981, and also
request the status of the project planned for the straightening
of that road.
SOconded by Mr. Versace
Motion Unanimously Carried
Mr. Lafko had another question and was recognized by the Chair
and then asked about the drainage in the Rt 9D area. Mr. Johnson
was of the opinion that the box culvert would be widened but did
not have the details. Mrs. Reilly had been to a meeting on this
subject and it was disclosed that this project was in the state's
plan only if they put in a new bridge; if the bridge was not
replaced, their plans were indefinite.
Ron Lafko was recognized by the Chair and asked the amount spent
for the guards at the Mancini property, the site of the storage
of toxic wastes, how much longer the Town intended to guard the
site and how far they intended to go with the Article 78 pro-
ceedings. Mr. Diehl informed him the sum of approximately
$2,000.00 had been expended to this date; the guards for the
property would remain until such time as the Board directs him
to remove them. The attorneys are investigating the matter of
reimbursement of the monies spent by the Town in this matter and
will keep the Board informed of their progress. Ron Lafko then
asked how serious thisssituation was and Mr. Versace explained
that D.E.C. was prosecuting the owner of this material, so that
action alone would deem it serious. Mr. Versace then voiced his
concern that letters. were received from our representatives, both
county and state, but the Town officials have not seen them and
the D.E.C. hasnot appeared on the scene ---they seem to be an
invisible group of municipal law. When we need their power, they
are nowhere to be found.
,5'i 373
A lengthy discussion than ensued on this matter by Mr. Lafko
who interrupted and repeated that this product is transported
through the village every day and named Axton -Cross and Bollinger's
Paint Store among several storing this product.
MR. JOHNSON moved to recess the meeting to May 14th, 1981 at
7:30 P.M. for the purpose of holding an Executive Session for the
purpose of discussion of the matter of Fred J. Lafko/Atlas Water
Company, regarding water supply.
Seconded by Mr. Versace
Motion Unanimously Carried
The meeting recessed at 11:16 P.M.
Reg. Mtg. 5/11/81
2,3
k 2(,ts
()Lug N
Elaine H. Snowden
Town Clerk
A Public Hearing was held by the Town Board of the Town of
Wappinger on May llth, 1981, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on
a proposed Local Law Amending Local Law No. 1 of 1977,
Regulating Dumping.
Supervisor Diehl opened the Hearing at 7:59 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, 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).
Supervisor Diehl asked if there were any comments from the
public either for or against the proposed Local Law.
There were no comments from the public.
Mr. Johnson moved to close the Public Hearing, seconded by
Mrs. Mills and unanimously carried.
The Hearing closed at 8:02 P.M.
Elaine H. Snowden
Town Clerk