1980-02-13 SPM216
A Special Meeting of the Town Board of the Town of Wappinger was
held on February 13th, 1980 at Town Hall, Mill Street, Dutchess
County, Wappingers Falls, New York.
Supervisor Diehl opened the meeting at 8:56 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
This Special Meeting had been set by the Board at their regular
meeting of February llth, 1980, for the purpose of acting on a
resolution prepared by the Attorney regarding the Spring Hill
Subdivision and any other business that may come before the
Board.
The following resolution was offered by COUNCILMAN JOHNSON who
moved.: its adoption:
WHEREAS, the applicant seeks to commence construction of
certain building lots within the Town of Wappinger on a
subdivision known as Spring Hill Subdivision and has tendered
a performance bond for the same, and
WHEREAS, the form of the bond has been determined not to
be sufficient by the town, and
WHEREAS, the applicant is desirous of commencing constructbn
of certain homes immediately, and is willing to provide an
additional cash bond under the subsequent terms of this agreement,
and
WHEREAS, the town is willing to permit such construction
under the terms and conditions hereinafter stated,
NOW, THEREFORE, it is agreed by and between the applicant
and the Town as follows:
1. The applicant shall deposit with the town a surety bond
in the sum of $32,000.00 in substantially the same form as annexed
hereto.
2. The applicant shall further deposit in the form of a
savings passbook in his name assigned to the Town of Wappinger
in the sum of $4,000.00, said cash bond to be for the following
purposes:
a. The sum of $2,500.00 shall be held by the Town of
Wappinger to compensate it for any legal fees which may be
incurred if the applicant defaults upon hie obligation to
complete highway and related improvements for which the surety
bond has been posted and it becpmes necessary to commence an
action against the surety to obtain payment of the bond. Said
sum shall be returned to the applicant if, prior to the institution
of such action, the required improve completed and accepted
by the Town of Wappinger. These provisiana shall be construed in
such a manner as to place the Town of W4ppinger in the same position
as if applicant had voluntarily fully satisfied his obligations.
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217
b. The sum of $1,500.00 shall be held to assure com-
pliance of the obligation of the applicant in maintaining the
streets of the subdivision, prior to their acceptance by the
town, free from ice and snow. Should the town superintendent
of highways determine that ice and snow has not been removed,
the highway superintendent shall telephone the applicant at
such number as designated in writing by him and shall request
that said snow or ice be removed. If said condition of ice
and snow has not been cured to the satisfaction of the highway
superintendent within twelve hours of said telephone notice,
the highway superintendent shall contract on behalf of the
applicant with a private contractor to undertake such actions
and to pay the costs thereof from the above sum. Should said •
sum be reduced to an amount less than $250.00, no further
building permits shall be issued until said sum has been fully
restored. The failure of applicant to answer such call shall
not be construed as absence of notice, the only obligation of
the town being to attempt to telephone applicant at the number
provided by him. The determination of the highway superinten-
dent shall be binding upon the applicant. Not withstanding
anything herein to the contrary, the entry onto the subdivision
of any private contractor shall be solely as an agent of the
applicant, and the applicant shall hold the town harmless and
shall indemnify the town against any claims arising out of the
conduct or acts of said contractor.
3. This bond shall remain in full force and affect during
the term of the surety bond simultaneously tendered unless•other-
wise expressly provided herein and shall be binding upon the
successors in interest of the applicant.
4. Upon offer of dedication and acceptance, the town shall
return to the applicant those sums of money and accrued interest
still on deposit.
5. This agreement shall be terminable at the sole option
of the Town Board if at any time, in its sole discretion,
determines that the amount of the surety bond will be insufficient
to cover the costs of construction of the improvements required
to be built by the applicant. If the Town Board elects to termin-
ate this agreement, it may require, at its sole option, that a
new bond be substituted in an amount determined by the Board, or
that the required improvements be constructed. Failure to
provide a substituted bond or to construct the required improve-
ments shall be deemed a default of the surety bond previously
tendered, and said bond shall secure applicant's performance
thereof.
6. The consent of the applicant's surety to the terms of
this agreement shall be a precondition of its implementation.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board of the Town
of Wappinger on February 13, 1980 on a Local Law Amending Local
Law ##1 of 1967 and Local Law ##5 of 1977, Providing for a Partial
Tax Exemption of Real Property Owned by .Certain Persons with
Limited Income 65 Years of Age or Over, the matter was now placed
before them for their consideration.
MR. JOHNSON moved to adopt Local Law ##2 of 1980 as follows:
A Local Law amending Local Law No. 1 of 1967 and Local Law
No. 5 of 1977.
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218 x _
Be It Enacted by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. Section 2 of Local Law No. 1 of 1967 and
Section 2 of Local Law No. 5 of 1977 are hereby amended to read
as follows:
Section 2. Real property owned by one or more
persons, each of whom is sixty-five (65) years of age or over,
or real property owned by husl3and and wife, one of whom is
sixty-five (65) years of age or over, shall be exempt from town
taxes to the extent of fifty (50%) percentum of the assessed
valuation thereof, subject to the following conditions:
(a) The owner or all of the owners of such real
property must file an application on forms provided by the
State Board of Equalization and Assessment in the assessor's
office on or before the first of May of each year or at such
date as may be hereafter fixed by law.
(b) The income of the owner or the combined income
of the owners of the property shall not and may not exceed
the sum of Eight Thousand ($8,000.00) Dollars for the income
tax year immediately preceding the date of making the applica-
tion for exemption. The income tax year shall mean the twelve
month period for which the owner or owners filed a federal
personal income tax return, or if no such return is filed,
the preceding calendar year. Where title is vested in either
the husband or the wife, their combined income may not exceed
such income. Such income shall include social security and
retirement benfits, interest, dividends, net rental income,
salary or earnings, and net income from self-employment, but
shall not include a return of capital gifts or inheritances.
Rental income and self-employment shall not be reduced by an
allowance for depreciation.
(c) The title to such real property shall have been
vested in the owner or all owners of such real property for at
least twenty-four (24) consecutive months prior to the date of
making application for exemption.*
(d) The real property shall be used exclusively
for residential purposes.
(e) The real property shall be the legal residence
of and shall be occupied in whole or in part by the owner or
by all of the owners of the same.
(f) Applications for such exemption shall be made
by the owner, or all of the owners of the property, upon forms
prescribed by the State Board of Equalization and Assessment
to be furnished by the assessing authority, and applicants
shall furnish such information and shall execute the application
in the manner prescribed in such forms. Such application must
be filed with the assessor on or before the first day of May
of each year or such other date as may be hereafter filed by
law.
Section 2. This Local Law shall take effect immediately
upon adoption.
* Notwithstanding any other provision of law, where a residence
is sold and replaced with another within one year and both
residences are within the state, the period of ownership of
both properties shall be deemed consecutive for purposes of
the exemption from taxation by a municipality within the
state granting such exemption.
Seconded by: Mrs. Reilly
Roll Call Vote: 5 Ayes 0 Nays
219
A Public Hearing having been held by the Town Board of the
Town of Wappinger on February 13, 1980 on a Local Law Relating
to the Control, Confining and Leashing of Dogs, the matter was
now placed before them for their consideration.
MRS. REILLY moved to adopt Local Law #3 of 1980 as follows:
A local law relating to the control, confining and
leashing of dogs.
Section 1. Purpose. The Town Board of the Town of Wappinger
finds that the running at large and other uncontrolled behavior
of licensed and unlicensed dogs have caused physical harm to
persons, damage to property and have created nuisances within
the Town. The purpose of this local law is to protect the
health, safety and wellbeing of persons and property by
imposing restrictions on the keeping and running at large of
dogs within the Town.
Section 2. Authority. This local law is enacted pursuant
to the provisions of Article Seven of the Agriculture and
Markets Law and the Municipal Home Rule Law of the State of
New York.
Section 3. Title. The title of this law shall be: "Dog
Control Law of the Town of Wappinger".
Section 4. Definitions of Terms. As used in this local
law, the following words shall have the following respective
meaning:
(a) Dog means male and female, licensed and unlicensed,
members of the species Canis Familiaris.
(b) Owner means person entitled to claim lawful custody
and possession of a dog and who is responsible for purchasing
the license for such dog unless the dog is or has been lost,
and such loss was promptly reported to the Dog Control Officer
and a reasonable search has been made. If a dog is not licensed
the term owner shall designate and cover any person or persons,
firm, association or corporation, who or which at any time owns
or has custody or control of, harbors, or is otherwise responsible
for any dog which is kept, brought or comes within the town.
Any person owning or harboring a dog for a period of one (1)
week prior tothe filing of any complaint charging a violation
of this local law, shall be held and deemed to be the owner
of such dog for the purpose of this local law. In the event
the owner of any dog found to be in violation of this chapter
shall be under eighteen years of age, the head of the household
in which said minor resides shall be deemed to have custody and
control of said dog and shall be responsible for any acts of the
said dog and violation of this local law.
(c) Run at large means to be in a public place or on
private lands without the knowledge, consent and approval of
the owner of such lands.
(d) Town means the Town of Wappinger.
(e) Dog Control Officer means the person authorized by
the Town Board from time to time, by resolution, to enforce the
provisions of this local law. A dog control officer shall have
all the powers of a constable or other peace officer in the
execution of the provisions of this local law, including service
of a summons, the service of an appearance ticket pursuant to
and in accordance with Sect. 126 of the Agriculture and Markets
Law of the State of New York as amended by Chapter 374 of the
Laws of 1975, and the service and execution of any other order
of process, notwithstanding any provision of the Justice Court
Act.
s
220'
Section 5. Restrictions. It shall be unlawful for any
owner of any dog in the Town to permit or allow such dog to:
(a) Run at large unless the dog is restrained by an adequate
leash or unless it is accompanied by its owner or a responsible
person and under the full control of such owner or person. For
the purpose of the local law, a dog or dogs hunting in company
of a hunter or hunters shall be considered as accompanied by its
owner.
(b) Engage in habitual loud howling, barking, crying or
whining or conduct itself in such a manner so as to unreasonably
and habitually disturb the comfort or repose of any person other
than the owner of such dog.
(c) Uproot, dig, or otherwise damage any vegetables, lawns,
flowers, garden beds, or other property without the consent or
approval of the owner thereof.
(d) Chase, jump upon or at or otherwise harass any person
in such a manner as to reasonably cause intimidation or fear or
to put such person in reasonable apprehension of bodily harm or
injury.
(e) Habitually chase, run alongside of or bark at motor
vehicles, motorcycles or bicycles or other vehicles while on a
public street, highway or place, or upon private property without
the consent or approval of the owner of such property.
(f) Create a nuisance by defecating, urinating or digging
on public property, or on private property without the consent
or approval of the owner of such property.
(g) If a female dog when in heat, be off the owner's premises
unrestrained by a leash.
Section 6. Enforcement. This local law shall be enforced by
the Dog Control Officer or any other Law Enforcement Officer.
(a) The Dog Control Officer or a peace officer observing a
violation of this local law in his presence, or having reasonable
cause to believe that a person has violated this local law, shall
issue and serve an appearance ticket for such violation. The
appearance ticket shall be in the form prescribed by this Board
by resolution in accordance with the provisions of Section 126
of the Agriculture and Markets Law and this local law.
(b) The Dog Control Officer or any peace officer shall seize
(1) any unlicensed dog whether on or off the owner's premises, (2)
any dog not wearing a tag, and which is not on the owner's premises
and (3) any dog found in violation of paragraph (a) of Section 5
of this local law. The Dog Control Officer or peace officer may also
investigate and report to a Town Justice of the Town any dangerous
dog as described in Section 121 of the Agriculture and Markets Law,
amd see that the order of the Town Justice in such case is carried
out.
(c) Any person who observed a dog in violation of this
local law may file a complaint under oath with a Town Justice of
the Town specifying the nature of the violation, the date thereof,
a description of the dog and the name and residence, if known, of
the owner of such dog. Such complaint may serve as the basis for
enforcing the provisions of this local law.
Section 7. Seizure of dogs. The Dog Control Officer is
hereby empowered to seize any dog which has violated any of the
provisions of this local law, and/or Article 7 of the Agriculture
and Markets Law, and any such dog so seized shall be impounded or
taken to such place as may be designated by the Town Board as a
place of detention, until disposition thereof shall have been made
in accordance with the provisions of this local law.
Section 8. Redemption.
(a) Periods of redemption - any dog seized by the Dog
Control Officers shall continue to be impounded and held by
him for the following prescribed time periods:
TYPE OF SEIZURE
Unlicensed or
Unidentified dog
Licensed dog
Licensed dog
REDEMPTION PERIOD
5 days
5 days (if personal notice,
from date of notice)
7 days (if mail notice, from
date of mailing)
(b) Redemption fees - at any time during the period of
redemption the owner of any dog seized may redeem such dog provided
that such owner produces proof that the dog has been licensed and
has been identified and provided further that the owner pays the
following redemption fees:
NUMBER OF TIMES IMPOUNDED REDEMPTION FEE
First $10.00 plus $4.00 per
day costs
Second, within 1 year of
first impoundment $20.00 plus $4.00 per
day costs
Third or more within 1
year of first impoundment $30.00 plus $4.00 per
day costs
Section 9. Disposition of seized dogs. An owner shall
forfeit title to any dog unredeemed at the expiration of the
appropriate redemption period, and the dog shall then be available
for adoption or euthanized. The Town shall keep for one (1) year
a record of the disposition of all dogs seized, which records shall
be open to public inspection.
Section 10. Adoption. (a) At the expiration of the appro-
priate redemption period an unredeemed dog may be made available
for adoption for the following adoption fees:
TYPE OF DOG
Puppies up to
six months
Purebred or
purebred type
Mixed breed
ADOPTION FEES
$5.00
$10.00
$ 5.00
(b) Adoption of either a male or female dog shall be further
conditioned upon the provision that the dog shall be spayed or
neutered before release from custody of the Dog Control Officer,
and at the expense of the adoptive owner. Puppies six months and
under shall be exempt from the Spaying and Neutering requirements.
They shall be released from custody on the express written
stipulation that at such time as the owners Veterinarian deems
it appropriate such dog shall then be spayed or neutered. Such
written stipulation shall be provided to the Dog Control Officer
who shall verify its compliance by written certificate from the
Veterinarian that such Spaying or Neutering has been performed at
the appropriate time. Failure to comply with such stipulation
shall be a violation of this local law and be grounds for the
seizure of said dog.
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2
Section 11. Trial Procedure.
(a) The owner of a dog who is issued an appearance ticket
pursuant to Section 7 herein may answer the same by registered or
certified mail, return receipt requested, within five (5) days of
the violation (s) as hereunder provided in lieu of a personal
appearance on the return date at the time and Court specified
in said appearance ticket.
(b) If the person charged with the violation admits to the
violation as charged in the appearance ticket, he may complete
the appropriate form on such appearance ticket and forward such
form and appearance ticket to the office specified on such
appearance ticket.
(c) If the person charged with the violation denies part or
all of the violation as charged in the appearance ticket, he may
complete the appearance ticket likewise prescribed for that
purpose and forward such appearance ticket to the Town Court.
Upon receipt, such answer shall be entered in the docket and
a new return date established by said Court. Such person shall
be notified by mail of the date and place of such return date
and/or trial. If a person shall fail to appear at a return date
a summons or a warrant of arrest may be issued pursuant to the
Criminal Procedure Law.
(d) In the event that there is a violation of this local
law based upon an information and not an appearance ticket, the
Dog Control Officer or other Law Enforcement Officer shall
immediately proceed to file an information with a Town Justice
so that the matter will appear on the docket of the Town Justice
Court as soon as possible. The rules of procedure and proof
applicable in criminal actions shall apply.
Section 12. Penalties. Any person convicted of a violation
of this local law, and/or Section 119 of the Agriculture and
Markets Law, shall be deemed to have committed a violation and
shall be subject to a fine not exceeding Two Hundred Fifty ($250)
Dollars or imprisonment for a period not to exceed fifteen (15)
days.
Section 13. Separability. Each separate provision of this
local law shall be deemed independent of all other provisions
herein, and if any provisions shall be deemed or dedlared invalid,
all other provisions hereof shall remain valid and enforceable.
Section 14. Repealer. This local law shall supersede all
prior local laws, ordinances, rules and regulations relative to
the control of dogs within the Town of Wappinger and they shall
be, upon the effectiveness of this local law, null and void.
Section 15. This Local Law shall take effect immediately,
upon adoption and as prescribed by the Municipal Home Rule. Law.
Seconded by: Councilman Johnson
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board of the
Town of Wappinger on February 13, 1980, the matter was now
placed before them for their consideration.
MR. JOHNSON moved to adopt the following Ordinance:
An Ordinance regulating water and sewer service pipes.
Be It Ordained by the Town Board of the Town of Wappinger
as follows:
223
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Section One: This ordinance shall apply to all water and sewer
improvement districts within the Town of Wappinger.
Section Two:
a. The water service pipe or pipes leading from dwellings
or other places, to the district water distribution system,
together with the sanitary sewers from dwellings or other
places to the main sewer, shall be installed and connected at
the expense of the property owner. No connection to the water
distribution system or the main sewer shall be made until a
permit therefor shall be issued by the building inspector and
all such connections or service pipes and fixtures shall be
constructed under and in accordance with the "Rules and Regulations,
Sewer, and Water Hook-ups, Town of Wappinger, effective June 1,
1976".
b. The water service pipe or pipes from dwellings or other
places to the edge of the paved portion of the road shall be kept
in good repair by the property owner and at his expense and shall
be maintained so that said pipes and connections shall be free
of leaks. Upon abandonment of the water service or demolition
of the building, the water service shall be dug up and shut off
at the curb valve by the property owner and at his expense after
obtaining a permit for the same and upon inspection by the building
inspector.
(1) The building inspector shall notify the property
owner in writing of any existing leaks in the water service
between the edge of the paved portion of the road and the meter
or that the water service shall be dug up and shut off at the
main because of the abandonment of the water service or demolition
of the building or buildings serviced by water, and that such
repairs or shut off shall be made within seven (7) days after
the mailing of such notice by registered mail, return receipt
requested, except that in the event of an emergency, as determined
by the building inspector, in which case, the building inspector
shall order the repairs to be made immediately. Upon failure of
the property owner to act, the building inspector shall order the
repairs or shut off made and the cost of making the repairs or
shut off shall be paid for by the property owner.
(2) If upon excavating the leak, it is found that the
water service is pitted or crystallized to a point that permanent
repairs cannot be made, then the building inspector shall order
the water service replaced with new service pipe, and the cost
shall be charged against the property owner.
(3) Such repair costs or shut off costs as well as
engineering and administrative costs if undertaken by the town
shall be assessed by the building inspector, and shall be a lien
upon real estate, and if not paid within sixty (60) days after
the billing date, shall be collected in the same manner as
provided in this act for the collection of taxes orother charges
or assessments, in default of their payment.
c. The repairs and replacements to the water service from
the paved portion of the road to the distribution main shall be
made by the town and the cost thereof shall be borne by the town.
d. The domestic sewer from the dwelling to the main sewer
or from other places to the main sewer shall at all times be
maintained by the property owner and at his expense in the same
manner and subject to the same town remedies and enforcement
powers as heretofore set forth for water connection pipes.
Section Three: The repairs and maintenance obligations described
in the preceding sections shall be continual obligations and shall
apply to all water and sewer service pipes previously installed
therein.
224
Section Four: The finding by a court of competent jurisdiction
of invalidity of any section, subdivision, paragraph, clause,
sentence or phrase of the ordinarice shall not affect the validity
of any remaining portion as each such portion shall be deemed
a separate and distinct provision.
Section Five: To the extent that any prior local law, resolution
or ordinance of the Town of Wappinger is inconsistent, this
ordinance shall supercede the same.
Section Six: This ordinance shall take effect in the manner
prescribed by Town Law Section 130.
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
klipe MR. JOHNSON moved that copies of the adopted Ordinance Regulating
Water and Sewer Service pipes be sent to Camo Pollution Control,
also Mr. Hans Gunderud, Building Inspector, Mr. Lapar and Mr.
Horton.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Versace requested that the Zoning Administrator be directed
to check the residence on Roberts Road and report on the number of
dogs that are being harbored there.
Mr. Versace further requested that Mr. Gunderud's report on the
Dean Site, be forwarded to Mr. Neuman, President of the Oak Park
Civic Association, who had brought the matter to the Town Board.
Mrs. Snowden informed him this had been done.
There was no other business to come before the Board.
MR. JOHNSON moved to close the meeting, seconded by Mrs. Mills
and unanimously carried.
The meeting closed at 9:07 P.M.
cuLduALLOVA9.4,...
Elaine H. Snowden
Town Clerk
Spl. Mtg. 2/13/80
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 13, 1980, at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on a
proposed Local Law Amending Local Law ##1 of 1967 and Local Law
##5 of 1977, Providing for a Partial Tax Exemption of Real Property
Owned by Certain Persons with Limited Income 65 Years of Age or
Over.
Deputy Supervisor Nicholas Johnson opened the hearing at 7:05 P.M.
Present:
Nicholas Johnson, Deputy Supervisor
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
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).
No public was present and no one spoke on the proposed Local Law.
MRS. MILLS moved to close the hearing, seconded by Mrs. Reilly
and carried.
The Hearing closed at 7:08 P.M.
Elaine H. Snowden
Town Clerk
kpi
gQ l
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
PROPOSED LOCAL LAW AMENDING LOCAL
LAW #1 of 1967 AND LOCAL LAW #5
of 1977, PROVIDING FOR A PARTIAL
TAX EXEMPTION OF REAL PROPERTY OWNED
BY CERTAIN PERSONS WITH.LIMITED INCOME
65 YEARS OF AGE OR OVER.
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on January 30, 1980, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law Amending Local Law #1 of 1967 and
Local Law #5 of 1977, Providing for a Partial Tax
Exemption of Real Property Onwed by Certain Persons
With Limited Income 65 Years of Age or Over, on the
signboard maintained by your deponent in her office in
the Town Hall of the Town ofWappinger, Mill Street, in
the Village of Wappingers Falls, Dutchess County, New York.
Elaii a H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this /3 =�
Gina G's .
NEWS
203
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET . WAPPINGERS FALLS
NOTICE 15 HEREBY GIVEN that
there has been duly presented and in-
' troduced before the Town Board of the
Town of Wappinger, Dutcheas County,
New York on January 14, 1910, a
Localproposed
0ming Low No. 1 2 1967 and
Local Law No. 5 of 1977, Providing for a
Partial Tax Exemption of Real Property"
Owned by Certain Persons with Limited
Income Who Are -65"Years 04 Age or
Over.
NOTICE IS FURTHER GIVEN Mat
the Town Board of Me Town of
WapPinger will conduct a Public
Hearing on the aforesaid proposed Local
LawatMe Town Hall; Mill Street,
Wappingers
County, Falls,
MYrk onwthe 13th
day of February, 1990, at 7:00 P.M. •
ES T, on such day, at which time all •
paNOTIes CE IS FURTHER heard. GIVEN Mat
copies of the aforesaid proposed Local
Law will be available for examination '
and inspection at the office of the Town
Clerk of the To of Wappinger In. the
Town Hall between the hours of 9:00":'
A.M. and 4:00 P.M. ES T on all
business days between the date of this
notice and tet date of the public hearing.
Elaine H. Snowden
Town Clerk
Town°f Wapping's.
Dated: January 25, 1990
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess.
Town of Wapptnger.
•Beatrice Osten
of the
Town of Wsppinger. Dutcheu County. New Yak.
being duly sworn. says that he Is. and R tbe.several
times hereinafter was, tbe..CorwditorrPaibLuittefa^
W. & S.D. NEWS, a newspaper printed and published
every Thursday In the year In the Town of Wappinge .
-Madsen County, New York, and that the annexed
NOTICE was duly published in the said newspaper for
e...4Y .. week succeuively... 9Psgl.. in each week.
commencing on the.. JQt}i..day of....Jernsaz:, .•.
19.$Q and on the following dates thereafter. namely on
and ending on the.... 4th . day of.. •4PAIWY.. • .
19$Q both days inclusive.
Subscribed and sworn to before me
this ?MIL ....day of Jc'L1111c'Qi
19.8D
Notary Public
My commiulon expires
:-;•Z.:_ :7i".:J • p
COMMISSiOh EXPiHtd AiAi M ; o, 15RP
204
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 13, 1980, at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on
an Ordinance Regulating Water and Sewer Service Pipes in the
Town of Wappinger.
Supervisor Diehl opened the hearing at 7:15 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).
Mr. Diehl asked if anyone wished to speak on this Ordinance.
No one spoke for or against the Ordinance
MRS. REILLY moved to close the Public Hearing, seconded by Mrs.
Mills and carried.
The Hearing closed at 7:17 P.M.
j� -2;t1-rwC
Elaine H. Snowden
Town Clerk
206
1!
TOWN BOARD: TOWN OF WAPPINGER
1
AN ORDINANCE REGULATING WATER
AND SEWER SERVICE PIPES
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
'
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on January 30, 1980, your deponent posted a
copy of the attached notice of Public Hearing on an
Ordinance Regulating Water and Sewer Service Pipes, on
the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Mill Street,
in the Village. of Wappingers Falls, Dutchess County,
New York.
Sworn to before me this
day f
A's
Notary Public
1980.
Naf :.10, 19
Elaine H. Snowden
Town Clerk
Town of Wappinger
W and 5'. El)
NEWS
DISPLAY ADVERTISING
207
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
PLEASE TAKE NOTICE that
following Ordinance was adopted by Ma
Town Board of the Teem 01 Wappinger•a>
a Special Meeting held February 17.
1980. .
AN ORDINANCE -regulating we
and sewer service pima.
BE IT ORDAINED by the Town Board
of the Town of Wappinger as follows:'
• Section One: This ordinance steal"
apply to all water and sewer im
provement districts within the Town
Wappinger.
Section Two: -
a. The water service pipe or pi
leading from dwellings or other places,
to the district water distribution system,
together oge Ier with tee sanitary sewers from
d
ngs or enter pieces%o the main
sewer, shall be installed and connected .
at the expense 0f the property owner. No-.
. connection to the water distribution
system or the main sewer shall be made
until a permit therefor she'll be issued by
the building inspector and all such
s
connection or service pipes and fixtures '
shall be constructed under and in ac-
cordance with the "Rules and;
Regulations, Sewer, and Water Hook -
UPS, Town of Wappinger, effective Jun*
1, Pilo.'
b. The water service pipe or pipes
from dwellings or other places of the -
edge Of the paved portion Of tee road
shall be kept in good repair by lee
property owner and et his expense and
shall be maintained so mat said pipes.
and connections shall be free of Teaks. -.
Upon abandonment of the water service
or demolition of the building, the water
service shall be dug up and shut off et
the curb valve by the property owner
and at his expense after obtaining a- 17
permit for me same and upon inspectiat
y ?he building inspector.
(1) The building inspector shall.
notify the property owner in writing Of -
arty existing leaks In the water service
between the edge of the paved portion of
the road and the meter or that the water .
service shall De dug up and shut off at
Me main because of the abandonment of .
the water service a demolition of the
building or.buildinps serviced by water.
and that such repairs or shut off shall be
made within seven (7) days after the
mailing .of such notice by registered
mail, return receipt requested, except
that in the went of an emergency, as
determined by the building inspector, in
-which case: the building inspector shall
order the repair
10 be riled, Im-
mediately. Upon failure of the property
owner toact, the building i to she
.order the repairs or shut off mode and
the costal making the repairs or shutoff
shall be paid for by the property owner.
(2) If upon excavating Me leak, it Is
'found that the waterservice is pitted or
:crystallized to a point that permanent
repairs cannot be made, then the -
building Inspector .shall .order the water
service replaced with new service . -
and the cat shall be charged against
property owner.
(3) Such repair cats of shut off cos
as well as engineering and ed-
ministrative costs If undertaken
town shall be assessed by the bus
inspector, and shall be a Tien upon res
estate, and if not paid within sixty (60)..
days atter the billing date, shall be
collected in the same manner as
.provided in this act for the collection of
taxes or other charges or assessments,
in default of their payment.
c. The repairs and replacements to the
water service from the paved portion of
the road to the distribution main shall be
made by the town and the cost hereof
shall be bone by the town.
d. The domestic sewer from the ,
dwelling to the main sewer or from other
places to the main sewer shall at all •
times be maintained by the property
owner and at his expense in the same
manner and sublect to the same town
remedies and enforcement powers as
heretofore set forth for water connection
pig.
Section Three; The repairs and
maintenance obligations described in
the preceding sections shall be continual
Obligations and shall apply tO.all water
and sewer service pipes previously
installed in the Town of Wappirger as
well as to those subsequently installed
therein.
Section Four: The finding by a court of
competent jurisdiction• of invalidity of
- any section, subdivision, paragraph,
clause, sentence or phrase of the or. '
drtence shall not affect the validity of
any remaining portion as each such...
portion shall be deemed a separate and.
distinct provision.
Section Five: To the extent that any ,
prior local law, resolution or ordinance
of the Town of Wappinger is In-
consistent, this ordinance shall super- -
cede the same.
Section Six; This ordinance shall take
effect in the manner prescribed by Town
Law Section 130.
I, ELAINE M. SNOWDEN, Town Clerk
of the Town Of Wappinger do hereby
certify that the forgoing Ordinance was - ,
duly, adopted ata Special Meeting of tee
Town Board of the Town Of Weppingef
he'd February 13. 1900, at which tLmf a,_
roum was presentand participated
t and that the same has not
been in any manner rescinded or an-
nulled end that the same is still in force
and effect and. Is duly. entered in tee": ,
minute Of said meeting .
Ile WITNESS WHEREOF.. r -lave:
hereunto set myhand and tee seal., then -
said Town of Wapping,* thisTgh dayof
e'�ruar1. `!I RINE N;SNOWDEN
.-Tawnef W�{lam
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutcheu.
Town of Wappinger.
3eatrice Osten
of the
Town of Wappingers Dutcheu County, New York.
being duly sworn, says that he Is. and R the several
times hereinafter was, theca .ZaLtor: BubLishrJef
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappingers
•Dutchess County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
one week succeulvely once in each week.
commencing on the 20th day of r eb wy...
1950, and on the following dates thereafter, namely on
and ending on the
•
20th day of x etIrlxpx; ...
19.oVPboth days Inclusive
C.0
Subscribed and sworn to before me
this ...... ?PA....day of..Fphzuaxy
My commission expires
19.89
Notary Public
ALEZR T M. CSTEN
NOTARY i.:.. c-.;-2. CF t:.7 Yo
Ccb:CTY
30, 1
208
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 13, 1980, at Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York, on
a Map, Plan and Report for the Construction of a Storm Sewer
on Bel -Aire Lane in a Subdivision off Myers Corners Road.
Supervisor Diehl opened the Hearing at 7:43 P.M.
file , Present:
fly
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).
Jim Sheedy, Bel -Aire Lane, asked if this was a road project and a
drainage problem. When Mr. Diehl responded that this was the intent
of the Board, Mr. Sheedy Maid there was no point in doing these
projects unless they first concentrated on the pond; this must first
be drained since it was causing all kinds'of problems, and he re-
minded Mr. Diehl that he was well aware of the problems, since he
had witnessed them.
Robert Church, engineer from Mr. Lapar's office was present and
had helped design the drainage plan that was being presented. When
asked about draining the pond into the drainage project, he said
there could be drainage problems because the pipe necessary to do
that would cross the land of an unknown owner.
Discussion continued between Mr. Sheedy, Mr. Diehl and Mr. Church
on alternate plans, more feasible ones and the most economical ones.
Mr. Diehl felt they could move ahead with the plan presented, then
have a Part II later on, at least get the project going. The developer
of the property where the pipes would have to go through would benefit
from this, but they would then have to accept his drainage problems.
Mr. Versace felt, in view of the circumstances they were now faced
with, the first step was to find out who the owner was before they
came up with any new undertakings. The legal and engineering problems
203
would have to be dealt with first.
Mr. Diehl suggested that they take into consideration thefacts
that came out tonight, adjourn the meeting to a date maybe 20 days
from now, and have the Engineer research the plans for draining
the pond. Even if the Town had to spend another 2 or $3,000 dollars
to do it properly, it would be worth it.
Dick King, Orange Court, asked who put in the top pipe on the pond;
if the Town put it in, there's no problem, go back and do the same,
the first problem is the pond, and then there's the cul-de-sac
that's relatively flat, so there is a lot of water that remains
there. He asked that they check that when they go out to the area.
When will the construction start?
Joseph Benigno asked what the cost of the project would be; he was
told $151,000, of which $17,000 would be for 850' of road repair.
Mr. Versace asked who would be responsible for the retaining pond,
this was something else to think about.
Mr. Sheedy brought up another point; if the retaining pond is not
going to be filled in, what happens to the excavation from the pond
which is a mound of clay about 25' high that never turns green; he's
been waiting for two years for some green color.
Dick King wondered if there would be a vote on this, if after the
next public hearing in 20 days, everyone was agreeable to the plans.
Mr. Benigno asked about a sewer system for that area.
Mr. Diehl set a date for March 5, 1980 at 7 P.M. for the date of
the adjournment of the Hearing.
The Hearing adjourned at 8:17 P.M.
Elaine H. Snowden
Town Clerk
•
210
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF* POSTING
MAP, PLAN AND REPORT FOR THE
CONSTRUCTION OF A STORM SEWER
ON BEL-AIRE LANE
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on January 30, 1980, your deponent posted a
copy of the attached notice of Public Hearing on a Map,
Plan and Report for the Construction of a Storm Sewer
on Bel -Aire Lane, on the signboard maintained by your
deponent in her officein the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers
Falls, Dutchess County, New York.
t-
Sworn to before me this i3 --
day o f7:214,u444.
1980.
NotaPublic
DONALD G. BUCK
..tdotary et !int Yu tit Etats
County
::::ttrets Ilartb 30, 19
a.
e'.CL0,-(4A •,..,(QC(A
Elaine H. Snowden
Town Clerk
Town of Wappinger
,
DISPLAY ADVERTISING
PLEAS E -TA K
..Town- a Board of We:
wll► 'conduct -.a PuDlic:,Hearinp :orf
`February 130910at7170 P,M: ES T.at
t}hh*a•Town HMI MilCSfreet,% VIIIage al
Wappingers„FaIIs, • Dutchass' County_
New York, - on- a Pjart and R
for the construction, "a. Storm Sewer,.
on Bef-Aire Lane in a Subdivision off
Myers Corners Road in the vicinity. of
Losse Road.
,-AH persons.wfshinR to be haafd'or.
a
-intearnids,t.eif inlh•afor said.are invited.to
attend ti 3 •
N Snointieei
a F Town•Clerk
Towrror Wappinger
Dated: January 25; 1910; ..'
NEWS
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
211
AFFIDAVIT OP PUBLICATION
State of New Yak.
County of Dutcheu.
Town of Wapptnger.
• Beatrice Cstten
of the
Town of Wsppinger. Dutcbeu County. New York.
being duly sworn. says that he ts. kind It the several
times hereinafter was. the Co—editor—tb_isae
W. & S.D. NEWS. a newspaper printed and published
every Thursday In the year In the Town of Waapinger.
-Dutcbess County. New York. and that the annexed
NOTICE was duly published to the said newspaper for
succeulvely... Rlicik , to each week.
commencing on the... ,.'ti?tb.. day of...Januazy:....
19.W and on the following dates thereafter. namely on
and ending on the....30..`..k'. day
19. both days inclusive.
Subscribed and €worn to before me
this...... .th....dsy of.... s7.44%.1 19.330
Notary Public
My commission expires
ALE_7T M. C--_,:
NOTARY PL'E.C, ST.Y7E YC"C
Q:Y,; r ..
212
A Public Hearing was held by the Town Board of the Town of
Wappinger on February 13, 1980, on a proposed Local Law on
Dog Control, at Town Hall, Mill Street, Village of Wappingers
Falls, Dutchess County, New York.
Supervisor Diehl opened the Hearing at 8:20 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).
Mr. Richard Tallman, 22 Roberts Road, asked if there was a limit
on the number of dogs a person was allowed to own, and if so,
was this covered in the Dog Ordinance. He was told that this
was covered by the Town zoning Laws. He then remarked that he
lived across from a kennel, and although conditions had improved,
he found it difficult to live with barking dogs and those who
roamed outside the fence that had been put up. These violations,
he was told, were included in this new law. He felt, also, that
should be a limit to the number of dogs allowed in a kennel.
June Weyant, Chelsea, stated that she, too, lived near a kennel,
and her gripe was how do you know how many dogs are actually in
the kennel --whose right is it to go in and check on the number of
dogs. The Board replied that this was within the jurisdiction of
the Zoning Administrator, however, she meant for him to actually
go into the house and count the dogs, and this was debatable if it
would be legal if he was not giving access to the house. She then
asked who determines what "loud" is under Section 5 (b) "engage in
habitual loud howling, barking, crying or whining ". This,
she was told, would come under the jurisdiction of the Dog Control
Officer, and it was also pointed out that if you continue reading
that section, it states ----loud howling ----or conduct itself in
213
such a manner so as to unreasonably and habitually disturb
the comfort or repose of any person other than the owner of
such dog". This was not her only complaint; another gripe was
that of a big problem with loose dogs, nobody every came down
and checked on it.
Mr. Tallman questioned Section 6 (c) which stated that any
person who observed a dog in violation could file a complaint
under oath with a Town Justice. Did he have to see one of the
judges or could he submit it to the office? He was told he
could file it with the Court Secretary.
Mrs. Weyant asked if the law would be published once it was
adopted, would it be posted in any designated place. The Town
does not normally do this but Mrs. Snowden invited her to take
copies of the law and post it wherever it would do the most good.
There were no other comments from those present.
MRS. MILLS moved to close the Public Hearing, seconded by
Mrs. Reilly and carried.
The Hearing closed at 8:45 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
A PROPOSED LOCAL LAW #3 of 1980
DOG CONTROL LAW OF THE TOWN OF
WAPPINGER.
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
says:
214
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 January 30, 1980, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law #3 of 1980 on Dog Control Law 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.
to V10,41ri,
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this /_0-F!
day of pwALAA40, ,. 1980.
Notary Public
DONALD G. SUCK
NOtar, r•.Silc ci H;:. V,:k State
Residing 0ctches.s Ceunty sip
CDmmisefon expires March 30. 19
VV. and B. D.
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
qoui
'NOTICEAS HERE'S ..... WEN
there. kas•beek:duly presented and;
.trodiloed beforefhe'Tawrt=Board`oN
'Totem -of Wappinger;*: Dutchess.Coun
.Ne.r*York, or .Januar ath I9!0'••8:
orooeaed Local fief..
entitted 'Tog
ContrOLLaw
of the
Wappppi erIN.n. .�NOTJCE IS FURTHEE
tha
tthe%Town Board of 1tte:Town;004Wa
a�conduct PoLarian
theaadproposed Locall Law at
To Ma11, Mill Street,'""WappinperS
FakeirOutchese. County,_ New =:York.
. the ,,17th day of Feb 19e0. at II:
P.M..EST,a►such dayyra whist mit
. partite interested. will be. heard. - t„
NOTICE -ISS FURTHat +CHYEeHiha
copietafrthe aforesaid" pcoposed•Loca
• ltbe¢'avaitable: for ''/satinet!
lomat the office ortti T
ohlttelTorns of Wappin0e ;irl=.the
"betweerietes .hours' of -0:00
00 P.M. ESDorestebeetiness:.
"dayetket eerathe date °ells* MR aft
flies, ; W ;Itis. -public
To rtCierk
Via
215
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
• Beatrice Osten
of the
Tpwn of Wappinger. Dutcheu County. New Yak.
being duly sworn. says that he Is. rind it the_several
times hereinafter was. the.99.—X4 .tQr: 1bli. b if
W. & S.D. NEWS. a newspaper printed and published
every Thursday la the year in the Town of Wappinger.
-Dutcbess County. New York. and that the annexed
NOTICE was duly published in the said newspaper for
one week succeuively 0119V...in each week.
commencing on the 30th day of...s7 'I11; ....
19.09 and on the following dates thereafter. namely on
and,e,nding on the.... 3Ath. day of.....Iarwwaxy..
19.SSt��r2 both days inclusive.
Subscribed and sworn to before me
this .330th day of Ji1111 ..Y 19. AO
My commission expires
Notary Public
P. T.T1T M. OZI-EN
NOTARY' UOLIC, eF NEW YORX
Qy`+: flnJ ! 1 Gs; ;Hc COUNTY
gUMS1i33101f 00111E3 MAnCCU 30, 181)