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1979-05-24 SPM
AGENDA TOWN BOARD TOWN OF WAPPINGER SPECIAL MEETING MAY 24, 1979 1. Supervisor Call Meeting to Order 2. Roll Call 3. Consider adoption of Flood Damage Prevention Local Law 4. 2 Tax Reviews recommendation for settlement by Attorney - with letter from T. Logan, Assessor 5. M. Ryan: request for transfer in order to pay Workmans Compensation Bill 6. Remote Screen for computorizing Water & Sewer Bills - Authorize Supervisor to Sign Lease with County 7. Consider Bid for Cleanup Days 8. Resignation of Robert Ruit as Bldg Insp. Zng Adm. 9. Resolution By Sup. Diehl re: authorizing Camo to make emergency improvements in various sewer and water districts. 10. M. Ryan re: Sewer Improvement #1 Contract to fix I. & I. 11. Adjourment A Special Meeting of the Town Board of the Town of Wappinger was held on May 24th, 1979 at Town Hall, Mill Street, Village of Wappingers Falls, New York. Said meeting was set by the Board at the regular meeting held May 14th, 1979. S6pervisor Diehl opened the meeting at 8:17 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman , Elaine Snowden, Town Clerk Absent: Nicholas Johnson, Councilman A Public Hearing having been held by the Town Board of the Town of Wappinger on May 24, 1979, on a proposed local law on Flood Damage Prevention, the matter was now placed before them for their consideration. MR. JENSEN moved to adopt Local Law #4 of 1979 as follows: LOCAL LAW NO.y ?7VOF THE TOWN OF WAPPINGER FLOOD DAMAGE PREVENTION LOCAL LAW BE IT ENACTED by the Town Board of the Town of Wappinger as follows: 1.1 STATUTORY AUTHORIZATION The Legislature of the State of New York has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general wel- fare of its citizenry. 1.2 FINDINGS OF FACT (1) The flood hazard areas of the Town of Wappinger are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1x2 6 1 1 2 7 (2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood - proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard; and, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes this local law includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial contruction; 1 1 1 3 4 (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood water; (4) Controlling filling, grading, dredging, and other devel- opment which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interprtei as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the building inspector's interpretation of any provision of this local law or a request for a variance. "Area of shallow flooding" means a designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly Defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow may be evident. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. i1 3 5 "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construc- tion of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this ordinance. "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete or the construction of streets). "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 1136 "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary-Floodway Map and the water surface elevation of the base flood. "Floodway" means the channel of a river or other water- course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than orae (i) foot. "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. "New construction" means structures for which the "start of construction" commenced on or after the effective date of this local law. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this local law. "Start of construction" means the first placement of perma- 11 III 111111111,_1., nent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure of any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and instal- lation of utilities) is completed. "Structure" means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: I'138` (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State or County Inventory of Historic Places. "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this local law. 3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Wappinger. 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard indentified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Town of Wappinger," dated-ecerAtaer t5,IgI , with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is I 1 3 9' hereby adopted by reference and declared to be a part of this local law. The Flood Insurance Study is on file at the office of the Town Clerk, Mill Street, Wappingers Falls, New York. 3.3 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this local law and other applicable regulations. Viola- tion of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a offense. Any person who violates this local law or fails to comply with any of its requirements shall upon conviction thereof be fined not more than Two Hundred Fifty ($250.00) Dollars or imprisoned for not more than fifteen (15) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Town of Wappinger from taking such other lawful action as is necessary to prevent or remedy any violation. 3.4 ABROGATION AND GREATER RESTRICTIONS This local law is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. 4100 However, where this local law and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION In the interpretation and application of this local law, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (114 td (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Town of Wappinger, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the building inspector and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures fill, storage of materials, drainage facilities; and the location of the foregoing. 14 Specifically, the following information is required: (1) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Section 5.2-2; and, (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4.2 DESIGNATION OF THE BUILDING INSPECTOR The building inspector is hereby appointed to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR Duties of the building inspector shall include, but not be limited to: (1) Review all development permits to determine that the permit requirements of this ordinance have been satisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 5.3(1) are met. 4.3-2 USE OF OTHER FLOOD DATA When base flood elevation data has not been provided in accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State or other source, in order to administer Sections 5.2-1, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction. 4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED (1) Obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved floodproofed structures: (i) verify and record the actual elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this local law. 4.3-4 ALTERATION OF WATERCOURSES (1) Notify adjacent communities and the State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. It . - - -rJ.2 7'7 4 (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 4.3-5 INTERPRETATION OF FIRM BOUNDARIES Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. 4.4 VARIANCE PROCEDURE 4.4-1 APPEAL BOARD (1) The Zoning Board of Appeals as established by the Town of Wappinger shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building inspector, the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Supreme Court, as provided in Town Law §264. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and: the danger that materials may be swept onto other 114 4 lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the compatibility of the proposed use with existing and anticipated development; (vii) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this local law, the Zoning Board of Appeals may attach such conditions to the granting of variances as it 1145 deems necessary to further the purposes of this local law. (6) The building inspector shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request. 4.4-2 CONDITIONS FOR VARIANCES (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i -xi) in Section 4.4-1(14) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabi- litation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and r, ,NF_ WOLFSON s AND >5 AT LAW •, v ,LT?Ac£7 NEW 1.09K .:501 •s, _.22n0 / 77) COURT : DUTCIIESS COUNTY In the MaiLer of the Application of THE DIME SAVINGS BANK OF NEW YORK (1977) IMPERIAL GARDENS COMPANY (1978) Petitioner, -against- THOMAS LOGAN, ASSESSOR OF THE TOWN O;=' WAPPINGER, DUTCIIESS COUNTY, NEW YO K, Respondents, For Review of the Assessment of Cf.r t,:in Property in Said Town of Wappinger. X 112 8 JUDGMENT Index #3236/77 #3167/78 On reading and filing the following papers: I. Notices of Petition dated 1977; 1978; 2. Petitions verified 1977; 1978; The parties having stipulated in writing as set forth in Exhibit 1 attached hereto. NOW, on motion of PETER H & HUBERT J. B< NT, Attorneys for petitioners, it is hereby ORDERED AND ADJUDGED, as follows: 1. The assessments -of the petitioner's real property in the Town of Wappinger, Dutchess County, State of New York, made by respondents for hereby modified, and the assessments without costs as follows: MAP GRID YEAR 29-6158-19-722118-00 1977 29--6158-19-72.2.118-00 1978 29-6158-19-689109-00 1977 29-6158-19-689109-00 1978 the are ASSESSENT $301,620 $301,620 $254,170 $254,170 following years are hereby reduced NEW ASSESSMENT $95,000 $95,000 $80,000Q $80,000 =OSEN l: Dl rS:;N S _•.D LA 1 S7R,ET V CRK 1260 2. The assessments are hereby ,:.:icn 1od road 1 ZZs fo11c;.•;s: ROT,L GRID OWNER LAND 1977 29--6153--19-722118.00 Dime Savings $25,000 1973 29-•6158-•19-722118--00 Dime Savings $25,000 1977 29--6158-19-689109-00 Imperial C=-ri.ens$25,000 1978 29--6158-19-689109--00 Imperial C' :r,':. 'ns $25,000 112 9 TOTAL $95,000 $95,000 $80,000 $80,000 3. As amended, the officer or officers having cnt;Lo1gy of i_he assessment rolls of the Tc -in of ;vappinger and of any tax roll upon :11i.(h the 13hove ..:r,us and any taxes levied or to be levied thereon have ben entered, shall forthwith correct the entries in conformity with this judgment. 4. Petitioner is entitled to recover the following r sums for excess school taxes paid to the Wappingers Central school district for the following levy less than one (1) year p c i.or with interest, by presentation of a copy hereof to the financial officer of that school district, payable by check or draft to the order of petitioner and Peter H. & Hubert J. Brandt, attorney: DATE OF PAYMENT REDUCTION TAX RATE :REFUND INTEREST TOTAL GRAND TOTAL (as of ) $ NONE. 5. Petitioner shall recover for the following excess taxes paid for the following years, with 3% per annum legal non --compound interest, by presentation of a copy of this judgment to the Commissioner of Finance of the County of Dutchess, 22 Market Street, Poughkeepsie, New York, who shall issue his check or draft to the order of petitioner and Peter H. 641 Hubert J. Brandt, ,attorney: - 2 - • NE AND OI F ON -nS 4T LAW CW OAK ._pt 113 0 (,i) Wappingers Central School District DATE O1' PAY' NT ].EDUCTION TAX RATE REFUND INTEREST DOTAL NCAE GRAND TOTAL (as of )__.------________.__.---.--------__________$ NONE (b) State, County and Town of \ npp1nger: DATE OF 1 AY P?T REDUCTION TAX RATE REFUND INTEREST TOTAL NONE GRAND TOTAL (as of ) - - _ ... - ---$ NONE 6. In the event .illy of the tai:ns snd upon the assess len"Ls amended in this judgment are u:_ .. i.d, the Cc:-,}TZissioner of 1' i n,Ince shall reduce the ,,mounts due in _,.erJance with the (-11 .egos in assessment set forth in this .1- 'nnt and accept payment of the taxes in the r --educed a:rount provided payment is t-. i ,Hely in accordance with law. E N T E R: Dated: White Plains, New York April , 1979. Entry of the above Judgment is Consented to: ROS ,N CRANE AND WOLFSON HONORABLE JUSTICE OF THE SUPREME COURT By: WILLIAM G. CRANE Special Counsel, Town of Wappinger PETER H. & HUBERT J. BRANDT Attorneys for Petitioners. 3 tOSEN r- '' A N E WOLFSON EVS AND PS A- LAW 1 v_=._1 STREET J:J ,IKcF.'S' . NEN VURY '2501 17 STATE OF NEW YORK SUPREME COURT : DUTCHESS COUNTY t -5/z/27 In the Matter of the Application of LAND PROPERTIES COMPANY, X 1131 Petitioner, JUDGMENT -against- • Index # THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, Respondents, For Review of the Assessment of Certain Real Property in Said Municipality. In the Matter of the Application of JAMES BLOOR, TRUSTEE OF IFC COLLATERAL CORPORATION, Petitioner, X -against- Index # THE BOARD OF ASSESSORS AND THE BOARD OF ASSESSMENT REVIEW OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, Respondents, X On reading and filing the following papers: 1. Notices of Petition dated 1974, 1975, 1976, 1977, 19"8 2. Petitions verified 1974, 1975, 1976, 1977, 1978; The parties having stipulated to settlement. NOW, on motion of JERROLD F. JANATA, Attorney for petitioners, it is hereby ORDERED AND ADJUDGED, as follows: 1. The assessments of the petitioner's real property in the Town of Wappinger , Dutchess County, State of New York, made by respondents for the following years are hereby modified, and the assessments are hereby reduced CSEN 'NE ,VOLFSON S AND 5 AT LAW • A'AAAET STREET - :-. .:1.FS'E. NEW YORK '2601 A6-1,7200 without costs as follows: MAP GRID 6257-02-630770 6257-02-630770 6257-02-630770 6257-02-630770 6257-02-630770 6257-02-678905 ROLL 1974 1975 1976 1977 1978 1979 2. The GRID YEAR 1974 1975 1976 1977 1978 1979 113 2 • ASSESSMENT NEW ASSESSMENT $243,000 $223,000 $243,000 $223,000 $243,000 $223,000 $243,000 $223,000 $143,000 $123,000 $100,000 $100,000 assessments are hereby amended OWNER LAND 6257-02-630770 Land 6257-02-630770 Land 6257-02-630770 Land 6257-02-630770 Land 6257-02-630770 Land Properties Properties Properties Properties Properties read as follows: $223,000 $223,000 $223,000 $223,000 $123,000 6257-02-678905 James Bloor, Trustee$ 20,000 TOTAL $223,000 $223,000 $223,000 $223,000 $123,000 $100,000 3. As amended, the officer or officers having custody of the assessment rolls of the Town of Wappinger any of any tax roll upon which the above assessments and any taxes levied or to be levied thereon have been entered, shall forthwith correct the entries in conformity with this judgment. 4. Petitioner is entitled to recover the following excess school taxes paid to the Wappingers Central School for the following levy leass than one (1) year prior to of this judgment, with 3% per annum legal non -compound sums for District the date interest, by presentation of a copy hereof to the financial officer of that school district, payable by check or draft to the order of petitioner and JERROLD F. JANATA, Attorney: DATE OF PAYMENT NONE GRAND REDUCTION TOTAL (as of TAX RATE REFUND INTEREST TOTAL NONE $ NONE - 2 ZOSEN C" NE A VOLFSON ATT S t•ND I.JJ•�'S.. AT LA ry .1 ...AR w ET STREET OUGwKE_PS.E. NEV. VCRK •2.8.01 19141 z -2200 113 3 5. Petitioner shall recover for the following excess taxes paid for the following years, with 3% per annum legal non -compound interest, by presentation of a copy of this Judgment to the Commissioner of Finance of the County of Dutchess, 22 Market Street, Poughkeepsie, New York, who shall issue his check or draft to the order of petitioner and JERROLD F. JANATA, Attorney: (a) Wappingers Central School District: DATE OF PAYMENT REDUCTION TAX RATE REFUND INTEREST TOTAL 12/18/74 10/10/75 $20,000 $20,000 79.00 77.63 $1580.00 $1552.60 $205.40 $163.03 $1785.40 $1715.63 GRAND TOTAL (as of April 10, 1979) $ 3,501.03 (b) State, County and Town of Wappinger: DATE OF PAYMENT REDUCTION TAX RATE REFUND INTEREST TOTAL 2/28/75 $20,000 51.50 $1030.10 $128.75 $1158.75 GRAND TOTAL (as of 4/10/79 ) $ 1,158.75 6. In the event any of the taxes based upon the assessments amended in this judgment are unpaid, the Commissioner of Finance shall reduce the amounts due in accordance with the changes in assessment set forth in this judgment and accept payment of the taxes in the reduced amount provided payment is timely in accordance with law. Dated: New York 19 Entry of the above judgment is consented to: HONORABLE Justice of the Supreme Court 1146 (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4.4-1(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required: 5.1-1 ANCHORING (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse, or lateral movement by providing over -the -top and frame ties to grounds anchors. Special requirements shall be that: (i) over -the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with 1. 1147 mobile homes less than 50 feet long requiring four additional ties per side; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. 5.1-2 CONSTRUCTION MATERIALS AND METHODS (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and (3) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 SUBDIVISION PROPOSALS (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities 1 1 14 b and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivi- sion proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4.3-2, Use of Other Base Flood Data, the following standards are required: 5.2-1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any resi- dential structure shall. have the lowest floor, including basement, elevated to or above base flood elevation. 5.2-2 NONRESIDENTIAL CONSTRUCTION New construction and substantial improvement of any com- mercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (1) be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (2) have structural components capable of resisting hydro- static and hydrodynamic loads and effects of buoyancy; and 11 4.9t (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.3-3(2). 5.2-3 MOBILE HOMES (1) Mobile homes shall be anchored in accordance with Section 5.1-1(2). (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: - lots are large enough to permit steps, - piling foundations are placed in stable soil no more than ten feet apart, and - reinforcement is provided for pilings more than six feet above the ground level. (3) No mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivisio: 1 115th 5.3 FLOODWAYS Located within areas of special flood hazard established in Section 3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) If Section 5.3(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION. (3) Prohibit the placement of any mobile homes, except in an existing mobile home park or existing mobile home subdivision. Seconded by: Councilwoman Reilly Roll Call Vote: 4 Ayes 0 Nays At the last meeting, two Tax Review settlements were referred to Mr. Logan, Assessor for his opinion. The following letter was received: May 17, 1979 Ms. Elaine H. Snowden, Town Clerk Mill Street Wappingers Falls, N.Y. Dear Mrs. Snowden: It is my opinion that the settlements arrived at by our attorney should be approved by the Town Board as they appear to be the best that we could hope for even if we were to spend far more money for a trial. Yours very truly, s/ Thomas E. Logan, Assessor The following resolution was offered by COUNCILMAN JENSEN who moved its adoption, seconded by Councilwoman Mills, to wit: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Land Properties against the Town of Wappinger tax certiorari, a copy of which is attached hereto and made part hereof, and that Rosen, Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. The foregoing resolution was duly put to a vpte, which resulted as follows: Supervisor Diehl Councilman Jensen Councilman Johnson Councilwoman Mills Councilwoman Reilly Resolution Duly Adopted Voting Voting Voting Voting Voting *Consent Judgment attached hereto Aye Aye Absent Aye Aye The following resolution was offered by COUNCILWOMAN REILLY who moved its adoption, seconded by Councilwoman Mills, to wit: BE IT RESOLVED, that Rosen, Crane and Wolfson is hereby directed to execute a consent judgment settling the Wappingers Apartments Co. against the Town of Wappinger tax certiorari, a copy of which is attached hereto and made part hereof, and that Rosen, Crane and Wolfson is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgment. The foregoing resolution was duly put to a vote, which resulted as follows: Supervisor Diehl Councilman Jensen Councilman Johnson Councilwoman Mills Councilwoman Reilly Resolution Duly Adopted Voting Voting Voting Voting Voting *Consent Judgment attached hereto The following memo was receiveq: Memo To: From: Date: ?subject: Town Board Members Matthew Ryan, Comptroller May 17, 1979 Town Insurance Aye Aye Absent Aye Aye We have just received our Insurance bill for-Workmens Compensation and it is for $15,140.74. Our budget for this expense is $13,500.00 Therefore, transfers are needed to enable -us to pay for this coverage. The amounts and accounts are as follows: $492.22 from A9050.8 Unemployment Insurance to A9040.8 Workmens Comp. and $1,148.52 from B9050.8 Unemployment Insurance to B9040.8 Workmens Compensation. MR. JENSEN moved that these transfers be approve as requested by Mr. Ryan for Workmens Compensation. ‘, Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays A memo from Mr. Ryan regarding the leasing of a terminal for water and sewer bills, to be located at Town Hall. This item was tabled from the regular meeting of May 14th and it was now placed before them for their consideration. The price would be $63.00 per month or approximately $378.00 for this year which had been budgeted for this year. Mr. Ryan requested that the Board authorize the Supervisor to sign a lease for this item. At the present time there was one in the Assessor's office, but it would present a problem for the Water and Sewer Billing Clerk and the Receiver of Taxes to have to use the same terminal which was located in another building. Mr. Versace, being recognized by the Chair, asked if that was the complete cost of leasing this terminal. What would be the cost to the districts? Was this the maximum cost? If there were any additional costs involved, the Board should be knowledgeable of this before they vote on it. MR. JENSEN moved to authorize the Supervisor to sign the lease with the County for a second terminal based on information and costs in Mr. Ryans letter to the Board dated April 12, 1979. Seconded by Mrs. Reilly Roll Call Vote: Councilman Jensen Aye Councilman Johnson Absent Councilwoman Mills Nay Councilwoman Reilly Aye Supervisor Diehl Aye Motion Carried Mrs. Mills stated for the record that she voted against this because she felt they should give the one terminal a trial for these departments before leasing a second one. Bids had been advertised for Spring Clean -Up for the Town for private carters using their trucks and personnel. One bid was received in the amount of $33,995.00. The Town Clerk's office had made phone calls to at least ten refuse companies informing them of the bid. One company had picked up the bid specs. ,11.5 3 Mr. Diehl explained that in addition to this cost, a sum of $7,000.00 would be charged for the landfill site, which had to be approved by the Dutchess County Health Department. He did not recommend considering this bid and further commented that they could not utilize the Highway Department at this time of the year; perhaps late summer or early fall. MR. JENSEN moved that they reject the bid. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays • Mr. Versace, being recognized by the Chair, remarked that since they were on the subject of clean-up, the Board should observe some areas being used for dumping, namely ---Myers Corners Road about 60' up from Henry Drive they would find demolition, old lumber, all along the side of the road in that area. Further up Myers Corners Road at Old Myers Corners Road they would find more dumping and also at the XYZ building. Mr. Hawksley reported dumping all along Spook Hill Road. Mr. Diehl recommended that the Town Clerk notify the Building Inspector of the reported dumping and also Mr. Horton's office. MR. JENSEN moved that the Building Inspector advise the builders who are currently building in the area of this dumping making them aware that this activity is giving the reputable builders a "black eye" and perhaps they would police areas that are being used in this manner. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays ti A resignation was received from Robert Ruit Building Inspector and Zoning Administrator effective June 6, 1979. Mr. Diehl explained that Mr. Ruit has finished his schooling at a local college and had accepted a position in private indig.stry. He went on to say Mr. Ruit had done a terrific job but the Board would have to accept his resignation. MR. DIEHL moved to accept the resignation of Mr. Ruit as Building Inspector and Zoning Administrator with regret and wish him the. best of luck. Seconded by Mrs. Mills Roll Call Vote: 4 Ayes 0 Nays ski 1154 The next item on the agenda was a resolution authorizing Camp Pollution Control to expend money for emergency improvement work in the various water and sewer districts. Mr. Diehl explained that the work to be done in the plants had been discussed by Camo, the Water and Sewer Committee and the Engineer. This work was considered critical to the operation of the plants and/or to the men operating them. MRS. MILLS moved to recess for ten minutes on the basis that there might be possible legal action from the districts on these expendi- libi tures and she wished to discuss the matter. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays L A reporter from the W&SD News objected to the recess as it was his interpretation of the Open Meetings Law that the reason would have to be for present litigation, not pending. Mrs. Mills then invited the reporter to sit in on the recess, however, Mr. Diehl pointed out if this was the case then there was no reason to exclude the public. Mrs. Mills then withdrew her motion, Mr. Jensen withdrew his second and discussion ensued on the floor. Mrs. Millswas concerned about the possibility of not receiving state aid for the plants if this money was expended. Mr. Maliese of the New York State Department of Health had been contacted on this matter and Mrs. Mills asked if there had been any confirmation from him. Mr. Diehl explained that the infiltration problems at Oakwood have nothing to do with the work that is needed now. Mr. Cacchio from Camo Pollution Control had contacted Mr. Diehl setting a meeting for June 1, 1979 with the Board, Camo and Mr. Magliese in reference to correcting the infiltration problems at the Oakwood plant. At that meeting he hopes to get confirmation that if certain monies are ex - pended to make certain improvements that state aid will be forthcoming because of this action and if not, these expenditures will be accepted by the County Health Department. Mrs. Mills still had questions --- were they spending money unnecessarily, were they legitimate operation amd maintenance items, were these amounts sufficient or would they need more, was it throwing good money after bad, what was the money being spent on, what were the items? 115,5 Mike Hirkala, being recognized by the Chair, agreed with Mrs. Mills. There was no reason why a business should not be able to produce an itemized list of costs, even allowing a percentage for inflation. The Town, in fact, could maintain a list of parts and prices and have a good idea of what a job would cost. The following resolution was offered by SUPERVISOR DIEHL, who moved its adoption: BE IT RESOLVED that Camo Pollution Control be authorized and directed to expend the following money for emergency improve- ment work in the following districts: 1. Oakwood Water Pump Building $300.00 available "Flooding Problem" 2. Fleetwood Water Pump Building - $800.00. Air Control and .Plumbing necessary. Money transfer necessary, recommended by Comptroller, available by transfer from "B" fund (al 61/2°% interest to be raised by taxes in 1980 budget. 3. Mid Point Park Sewer - $1,000.00 available Work as listed by Camo as critical 4. Rockingham Sewer - $5,000.00 available Work as listed by Camo as critical. 5. Wildwood Sewer - $8,000.00 available Work as listed by Camo as critical. 6. Sewer Improvement #1 Area - $2,000 available Work as listed by Camo as critical. BE IT FURTHER RESOLVED that an itemized account of each expenditure will be forwarded to the Town Board by Camo Pollution Control, prior to commencement of the work. Seconded by Councilman Jensen Roll Call Vote: Councilman Jensen Aye Councilman Johnson Absent Councilwoman Mills Nay Councilwoman Reilly Aye Supervisor Diehl Aye Resolution Duly Adopted MR. DIEHL moved to approve the transfer for Fleetwood, as recom- mended by the Comptroller, in the amount of $800.00 from General Fund Surplusala 6% interest to be raised by taxes in the 1980 Budget. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays 156 Before the vote was taken, Mr. Incoronato, being recognized by the Chair voiced displeasure at this transfer since he felt that by this time there would have been a surplus of $800.00; rates had been raised in the Fleetwood District for the fifth consecu- tive year. They should have had some contingency monies. What is happening to the money, they were always borrowing. The next item to be discussed was a memo from Mr. Ryan with recommendations on funding Contract to fix i&I in Wappinger Sewer Improvement #1. Mr. Lapar had arrived at the meeting during the discussion of work on the plants and had just received information from Penetryn and therefore had not had the time to digest it and give a recommendation on the material enclosed. MR. DIEHL moved to call a special meeting for Tuesday, May 29th, 1979 at 7:30 P.M. for the sole purpose of acting on the Agreements from Penetryn for repair of infiltration inflow problems at Oakwood. Seconded by Mrs. -Reilly Roll Call Vote: 4 Ayes 0 Nays Mr. Diehl directed that Mr. Ryan's recommendation for financing this project be tabled until the meeting of the 29th of May. The following Ordinance was introduced by COUNCILWOMAN REILLY: An Ordinance amending Town of Wappinger. BE IT ORDAINED by the pursuant to Article 16, of the Zoning Ordinance and Map of the Town Board of the Town of Wappinger theTown Law, as follows: Section 1. The Zoning Ordinance of the Town of Wappinger, adopted January 29, 1963 and as amended from time to time is further amended to read in accordance with the amended Ordinance which is attached hereto and made part hereof which is incorporated in and made part of this Ordinance by reference thereto. Section 2. The Zoning Map adopted January 29, 1963 as amended from time to time is further amended in accordance with the attached map which is incorporated herein by reference thereto. Section 3. These amendments to the Zoning Ordinance of the Town of Wappinger and the Zoning Map of the Town of Wappinger shall be effective upon adoption, posting and publication as provided by Town Law. 115' The following resolution was introduced by COUNCILWOMAN REILLY who moved its adoption: WHEREAS, there has been introduced, an ordinance amending the Zoning Ordinance and Zoning Map of the Town of Wappinger, NOW THEREFORE, BE IT RESOLVED, that a Public Hearing shall be held on the 26th day of June, 1979 at 7:00 P.M. Eastern Daylight Time, at the Wappinger Junior High School, Remsen Avenue, Town of Wappinger, Dutchess County, New York, and BE IT FURTHER RESOLVED that the Town Clerk shall give notice of said public Hearing as provided by Law. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes 0 Nays Mr. Jensen requested that a letter be sent to Mr. Jon Adams asking him to review the status of the statute of limitations on subdivisions that have received final approval. He felt that a period of time should be set and a final review be made if they have exceeded this time. It could happen that many years go by before they commence building and the rules of the day still would apply. For this reason he would like information from the attorney. MRS. MILLS moved to adjourn the meeting seconded by Mrs. Reilly and carried. The meeting adjourned at 9:28 P.M. Spl. Mtg. 5/24/79 ow(,c.Q ,� \.){)SACt, aine H. Snowden Town Clerk A Public Hearing was held by the Town Board of the Town of Wappinger on May 24, 1979, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York, on a proposed Local Law on Flood Damage Prevention. Supervisor Diehl opened the Hearing at 8:12 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Bernice Mills, Councilwoman Janet Reilly, Councilwoman Elaine Snowden, Town Clerk Absent: Nicholas Johnson, Councilman The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed a notarized. (Attached hereto and made part thereof of the minutes of this Hearing). Joseph Incoronato asked if the flood zone would be reflected in the new zoning ordinance as part of the map. Mr. Jensen noted that the zoning ordinance would not necessarily delineate all of the flood zones but the HUD map would. No one else spoke. Mr. Jensen moved to close the Public Hearing, seconded by Mrs. Mills and carried. The Public Hearing closed at 8:16 P.M. CaLu.LcIA at,NociLLA Elaine H. Snowden Town Clerk 1123 . and EL D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS NOTICE 15 HEREBY GIVEN that there hu been duly presented to and introduced before the Town Board of Me ToCounty Local York, n May OF 1d 1, Dutchess prge Preven- tion. Th15 local law will Implement the provisions of Federally mandated flood protection standards and will Impose upon individuals wishing to develop property withindesignated flood zones as described on flood maps In the possession of the Town Clerk certain standards of improvements to minimize or to avoid flood damage to such im- provements. The local law provides for penalties for violation of the same and provides for variances when necessary. My construction In designated flood areas will require a development permit to be obtained from the Building In- spector of the Town, who will have the responsibility of reviewing conformity of applications to the standards set foorrttfhf In the local law. Appeal procedures are minnappeot,00ns ofthe Building from Inspector, said fthe Zoning Board fcApeals. Geneals to be heardral staf ndards imposed materials resistant to flood damage, Insulation of materials in such a way to avoid Infiltration of flood waters, and other construction to minimize or avoid flood damage. Additional standards are set forth for mobile home parks and mobile homes whose location is sought In the 1loodway. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Wap- pinger will conduct a public hearing on the aforesaid proposed Local Law at , of Wappingers Falls, StDutchesssillCoouunty, New York, on May 24, 1919, at 11:00 P. EDT, on such day, at which time all parties interested will be heard. NOTICE 15 FURTHER GIVEN that copies of the aforesaid proposed local law will be available for examination and Inspection at the office of tine Town• Clerk of the Town of Wappinger, In Me Town Hall between the fours o1 9:00 A.M. and 4:00 P.M. EDT on all business days between the date of this notice and the date o4 the public hearing. Elaine H. Snowden Town Clerk Town of Wappinger May 15, 1979 • AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Cs :en 1x25 of the Town of Wappinger, Dutchess County, New Yank. being duly sworn, says that he is, and al the several times hereinafter was, the C©' ," 1 for—Publ rhea W. & S.D. NEWS, a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutchcss County, New York. and that the annexed NOTICE was duly published to the said newspaper for one week successively... PTI ?..In each week. commencing on the...la:h..day 1929 and on the following dates thereafter, namely on and ending on the : b.CLday of...aj" 197 both days inclusive. •• M i Subscribed and sworn to before me lbth this dayof ''Lair 1979. (77 Notary Public My commiulon expires YORK 30, 29 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF A PROPOSED LOCAL LAW ON FLOOD DAMAGE PREVENTION. STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: 112 4 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 May 15, 1979, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law on Flood Damage Prevention, 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, Town of Wappinger, Dutchess County, New York. Sworn to before me this of c , Elaine H. Snowden Town Clerk Town of Wappinger 21/ day 1979. Notary Public