1980-08-25 SPMrcc,
ApIJ
A Special Meeting of the Town Board of the Town of Wappinger was
held on August 25, 1980, at Town Hall, Mill Street, Village of
Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 2:05 P.M.
i Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Others Present:
Jon Holden Adams, Attorney
Hans Gunderud, Building Inspector/Zoning Administrator
*
* Mrs. Reilly was absent at Roll Call, but arrived at the meeting
at 2:35 P.M.
Notice of said meeting was sent to all Board Members on August 22,
1980, setting the meeting for August 25,. 1980 at 2:00 P.M. for the
purpose of discussion on the Chelsea Ridge Mall, and any other
business that may come before the Board. The three newspapers and
four radio stations were notified and notice was posted on the Town
Clerk's Bulletin Board.
Mr. Diehl introduced Mr. Lennon, Attorney representing Chelsea
Ridge Associates and their Architect, Dennis Jurow. He then
explained that this meeting was called in order to discuss the
problems that the Building Inspector has had in the past four
weeks with the principals of Chelsea Ridge Associates. Several
meetings had been held in an attempt to resolve these problems
and Mr. Diehl had become very involved in this matter, not only
with meetings, but with confidential communications and telephone
calls. At this time he preferred to turn the meeting over to the
Deputy Supervisor, Mr. Johnson.
Mr. Adams then brought the Board and others present up to date on
the history of this matter; at the last Board meeting the Building
Inspector had been instructed to issue an injunction against Chelsea
Ridge Associates with the assistance of the Attorney. He was now
ready to proceed with this action; however, Mr. Lennon had asked for
21
reconsideration of this action and that is what they would discuss
tonight.
Mr. Versace voiced his opinion that he felt the action should be
taken, he felt they had had time enough to remedy the violations
and that the Town had been patient with them up to now.
Mr. Lennon spoke on his client's behalf and went over the events
and the fact that they had shown the effort to comply. He felt
that they had come to a satisfactory point with the Building
Inspector. There was a problem with the downstream drainage fees
and he had discussed this with Mr. Adams and there was a difference
of opinion on that subject, however, this was something that could
be resolved between them; it should not be an impediment to the
issuance of a cp. It was a surprise to him when he heard that
the Board had taken this action. There were other violations
that would hold back the issuance of a building permit and Mr.
Versace could not be convinced, at this point, that the injunction
should not be served on them. Mr. Johnson asked that the Building
Inspector compile a list of items that needed to be remedied and
compare this with Mr. Lennon's list so that all parties knew what
actual work
that he did
differences
the purpose
needed to be corrected. Mr. Diehl emphasized the fact
not want to go to court, he wanted to work these
out to the satisfaction of all. This, he thought was
of this meeting. Mr. Jurow, the Architect for Chelsea
Ridge Associates interjected his thoughts that they had gone over
a list of items with the Building Inspector and with the exception
of a few items, they have been completed. The ones remaining to
be completed should reach that point by the end of the week.
When you go to court, nobody wins ---he wanted to continue the
work as they were going, since men were working and contracts
were let out; he, too wanted to resolve the matter without court
proceedings.
Mr. Versace asked for a five minute recess. The Board recessed
at 2:37 P.M.
The meeting resumed at 2:50 P.M. and four Board Members were
present.
Mr. Adams had a list of conditions to be met by the Chelsea
Ridge Associates for the consideration of the Board before any
further proposals were discussed- - . submission of plans that
were required for building permit procedures, 2. All fees must be
paid prior to the issuance of a building permit, 3. All work would
have to cease immediately until all submissions and payments were
made, 4. The Building Inspector would have to review the sub-
missions to ascertain conformance to state codes and any other
applicable codes, 5. It must be without prejudice to the Building
Inspector to enforce any violations of state or town ordinances
that exists by reason of construction ( if they had deviated from
time the original plans submitted, the applicant would have to take the
proper steps required by the applicable agencies in the town to
conform these plans) 6. The developer would obtain no vested
rights until the date that the Building Inspector approves the plan
by stating that the plan conforms with all applicable rules and
regulations he is required to enforce.
Mr. Silver, a principal of the company, agreed to these conditions,
but when being informed that the work must cease immediately, both
he and Mr. Jurow requested that they be allowed to continue through
the week with the condition that they work only on the correction of
the violations ---not new work. This was Monday and all work had
been planned, workers expected pay for the week and they would
cease work on Friday. Mr. Silver was informed by the Board that
the Building Inspector would visit ft.site to determine if they
were abiding by these conditions and he assured the Board that the
Town Official would be welcome.
Mr. Gunderud wanted the Board to be aware that although all items
had been listed previously, there could be other items that are in
violation, there still are others that might be unknown.
Mr. Lennon then reviewed the conditions presented by Mr. Adams so
that there was no doubt on the part of either side what their meaning
10 was and that they would be met by the developers. Mr. Gunderud also
thought they should know that in order to issue a building permit,
many approvals were needed and this could take a few months. One
item which could take time would be the submission of an amended
site plan, since they had deviated from the original plan submitted,
to the Planning Board. Mr. Lennon then presented a site plan to the
Board showing the deviation and it was pointed out to them that this
23
was strictly a Planning Board function. If it was a
perhaps it would not need another approval, however,
was significant, it would have to be
a building permit was issued.
minute change,
if the change
reviewed and approved before
MR. DIEHL moved that the Town Board respectfully requestthat the
Planning Board meet within ten days to review the amended site plan
as submitted by Chelsea Ridge Associates for the Chelsea Ridge Mall.
Seconded by Mrs. Reilly
Roll Call Vote: 4 Ayes 0 Nays
MR. JOHNSON moved that the proposal for the
permit for the Chelsea Ridge Mall, with the
by the Attorney to the Town, Mr. Adams, and
for Chelsea Ridge Associates, Mr.
compliance to these conditions be
issuance of the building
6 conditions as outlined
reaffirmed by the Attorney
Lennon be adopted and further that
accomplished as soon as possible,
and all work cease on the project by September
Seconded by Mr. Diehl
Roll Call Vote: 4 Ayes 0 Nays
1, 1980.
Mr. Diehl then asked Mr. Gunderud to invite all principals and
agencies involved in this matter to attend the Planning Board
meeting once the date has been determined.
Mr. Lennon thanked the Board, on behalf of the principals of Chelsea
Ridge Associates for the time and effort that had been put forth at
this meeting.
The following memo was received from Mr. Cuatt:
Memo To:
From:
Date:
Subjeet:
Supervisor and Town Board Members
Hank Cuatt
August 25, 1980
Band shell expenditure
There has been some question about expending funds for the
construction of the band shell at the Schlathaus property. The
recreation budget has sufficient funds under line item 7110.4 to
pay for the construction and it was the obvious intent of a
majority of the board, to expend funds for the construction project.
I am requesting therefore that the board simply authorize
the expenditure of funds to pay for the construction of the band
shell. No transfer is necessary, just authorization to pay for
the construction in the amount of $3,000.00 from account #A7110.4
An opinion had been received from the Attorney, upon request of
the Comptroller, that the Recreation Commission was empowered to
spend money only in accordance with the approved budget, and any
expenditures inconsistent with the line items on the budget, must
be approved by the Town Board. In this case, the money was in the
budget, but the item had not been so specified.
MR. DIEHL moved that the amount of $3,000.00 be expended for the
band shell from Account #A7110.4 of the Recreation Commission
budget, as recommended by the Comptroller.
Seconded by Mrs. Reilly
Roll Call Vote: 4 Ayes 0 Nays
A notice had been received from Louis J. Morse, Commissioner of
Dutchess County Personnel informing the Board that Hans Gunderud
was eligible for a provisional appointment by the Town as Building
Inspector III and Zoning Administrator for a nine month period.
MR. VERSACE moved that Mr. Hans Gunderud be provisionally appointed
as Building Inspector III and Zoning Administrator of the Town of
Wappinger for a nine month period, and that Mr. Morse, Commissioner
of Dutchess County Personnel be requested to set up a test for this
classification within the time limit of this appointment.
Seconded by Mr. Diehl
Roll Call Vote: 4 Ayes 0 Nays
There was no other business to come before the Board.
MR. DIEHL moved to close the Special Meeting, seconded by Mrs.
Reilly and carried.
The Meeting closed at 3:50 P.M.
Spl. Mtg. 8/25/80
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Elaine H. Snowden
Town Clerk