1976-07-12 RGMTOWN BOARD
TOWN OF WAPPINGER
AGENDA
JULY 12, 1976
1. SUPERVISOR CALL MEETING TO ORDER
2. Roll Call
3. Accept Minutes May 10, '76 Reg., May 27, '76 Special, June 7, '76 Special:
June 14, '76 Reg., June 22, '76 Special
4. REPORTS OF OFFICERS
Supervisor - Town Justices - Bldg. Insp. - Receiver of Taxes
Zoning Administrator - Twn. Clerk, receipt of Report of Examination
from Audit & Control - Bi -Annual Report, V. Ferris, Historian
5. RESOLUTIONS
a. Local Law for Freshwater Wetlands Act
b. Vacancy on Recreation Commission (to 5/1/79)
c. Authorize Cons. Adv. Council to receive gifts of property
d. Authorize signing of release - Tyson Concrete Corp.
6. PETITIONS & COMMUNICATIONS
a. Designate Polling Places
b. Bid for demolition - MTS Corp. (Zng. Adm.)
c. Bid Report Contract #9
d. John Salamy - Tall Trees Water Problem
e. Christine Brady & residents, Brook Place re: Road
f. D. Alexander re: Bid for Ardmore Hills Water Imp.
g. Mrs. D. Wilkinson re: Street light for Kent Rd. & Applesauce Ln_
h. Ruth Martin re: Shooting in Reese Park
i. Connie Nascarella, Quiet Acres re: Section of Fence missing
j. Frank Robinson re: Sand in Water -120 Edgehill Drive
k. Camo Pollution Control Reports:
1. Curb Cock leak, 15 Applesauce Lane - with letter from R. Lapar.
2. Contract Agreement - 0 & M
3. Physical & Chemical testing of Water
1. Rudolph E. Lapar Reports:
1. CWW Imp. Contract #1 water lines ready for use
2. Recommendations re: possibility of extending Hilltop &
Rockingham Farms Water Tanks
3. Pipe Insulation - Lateral lines
4. Water Service Main to White Gates Apts. tested
5. Smith & Loveless Pumping & ejector station
m. NYS Dept. En. Con. Comments on Inspection of Wastewater Treatment;
Facilities.
n. Wm. Horton re: Revisions to Highway Specs.
7. REPORTS OF COMMITTEES
8. UNFINISHED BUSINESS
1. Report from Lapar re: Joern-Olaf Weber Property
2. Fencing Rockingham Farms water Storage tank
3. Response to S. Anderson re: Foundation Surveys
9. NEW BUSINESS
10. ADJOURNMENT
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The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on July 12, 1976 at 8:00 P.M. at the Town Hall,
Mill Street, Wappingers Falls, New York.
Supervisor Diehl called the meeting to order at 8:04 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Jon H. Adams, Attorney from Mr. Rappleyea's Office
William Horton, Superintendent of Highways
Rudolph Lapar, Engineer to theTown
Matthew Ryan, Comptroller
The Minutes of the May 10, 1976 and June 14, 1976 Regular Meetings
and the May 27, 1976, June 7, 1976, and June 22, 1976 Special
Meetings having been ppe'iously sent to the Town Board members,
were now placed before them for their approval.
MR. CLAUSEN moved the Minutes of the May 10, 1976 and June 14, 1976
Regular Monthly Meetings, and the May 27, 1976, June 7, 1976 and
June 22, 1976 Special Meetings, as submitted by the Town Clerk be
and they are hereby approved.
Seconded by Mr. Johnson
Motion Unanimously Carried
Reports for the month of June were received from the Supervisor,
Town Justices, Receiver of Taxes, Building Inspector and Zoning
Administrator were received, as was the BiAnnual Report from
Virginia Ferris, Town Historian. Mrs. Snowden also reported that
she had received and filed, on June 22, 1976, the Report of Examina-
tion by the New York State Department of Audit and Control on the
fiscal affairs of the Town of Wappinger for the period bec4inning
January 1, 1972 through December 31, 1974.
MR. CLAUSEN moved that all the reports be accepted and placed on
file.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Ryan, the Comptroller, reported to the Board that he had received
a verbal request from Dave Alexander Inc. for the payment of all
retained percentages held by the Town, and they will, in return
they will pledge security by posting with the Town either Certifi-
cates of Deposit or Treasury Bills. Mr. Ryan has no particular
objections to this request, but pointed out that in order to
honor their request the Town would have to go to bonding to meet
certain obligations prior to the end of the retainage periods.
Mr. Clausen stated he believed the Board should go by the contract
as signed, and not put the Town in any financial difficulty, there-
fore, catagorically deny Mr. Alexander's request.
Mr. Versace asked if any of the residents had any questions for
Mr. Ryan with regard to the recent Town audit by Audit & Control.
There were no questions, and Mr. Ryan was excused.
The following Local Law, entitled Freshwater Wetland Protection
Law, was placed before the Town.Board for their consideration.
(The text is attached hereto and made part hereof of the minutes of
this meeting).
See Following Page
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
MODEL LOCAL GOVERNMENT FRESHWATER WETLANDS PROTECTION LAW
Table of Contents
Section 1 - Short title.
Section 2 -.Declaration of policy.
Section 3 - Statement of findings.
Section 4 - Definitions.
Section 5 - Permits.
Section 6 - Application for permit; processing.
Section 7 - Public hearing on permit application.
Section 8 - Decision on permit application.
Section 9 - Standards for permit decisions.
Section 10 - Conditions to a permit.
Section 11 - General powers of the Agency.
Section 12 - Other laws and regulations.
Section 13 - Bonding requirements.
Section 14 - Suspension or revocation of permits.
Section 15 - Violation; penalties.
Section 16 - Enforcement.
Section 17 - Review and appeal.
Section 18 - Severability.
Section 19 - Effective date.
Local Law. No. of 1976.
A LOCAL LAW of the Town of Wappinger
pursuant to
Article 24 of the State Environmental Conservation Law to provide
for the protection, preservation and conservation of the fresh-
water wetlands within its boundaries by establishing a permit sys-
tem with regard to regulated activities in freshwater wetlands and
adjacent areas and by establishing the procedures and standards for
the processing of permit applications.
BE IT ENACTED by the Town Board ofthe Town of
Wappinger, Dutchess County ; T'Tw York, as follows:
Section 1. Short title.
This law shall be known as the Freshwater Wetlands Protection
Law of the Town of Wappinger.
Section 2. Declaration of policy.
It is declared to be the public policy of the Town of Wappin-
ger to preserve, protect and conserve freshwater wetlands and
the benefits derived therefrom, to prevent the despoliation and
destruction of freshwater wetlands, and to regulate the develop-
ment of such wetlands in order to secure the natural benefits of
freshwater wetlands, consistent with the general welfare and bene-
ficial economic, social and agricultural.development of the Town
of Wappinger . It is further declared to be the policy
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of the Town of Wappinger to exercise its authority pursuant
to Article 24 of the State Environmental Conservation Law.
Section 3. Statement of findings.
1. The freshwater wetlands located in the Town of W,ppin-
ger areAinvaluable resources for flood protection, wildlife
habitat, open space and water resources.
2. Considerable acreage of freshwater wetlands in the Town
of Wappinger has been lost, despoiled or impaired by unregu-
lated draining, dredging, filling, excavating, building, pollution,
or other acts inconsistent with the natural uses of such areas.
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Other freshwater wetlands are in jeopardy of being lost, despoiled
or impaired by such unregulated acts.
3. Recurrent flooding aggravated or caused by the,loss of
freshwater wetlands has serious effects upon natural ecosystems.
4. rreshwater wetlands conservation is a matter of town
concern.
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5. Any loss of freshwater wetlands deprives the people of
the Town of Wappinger
of some or all of the many
and multiple benefits to be derived from wetlands, to wit:
(a) flood and storm control by the hydrologic absorp-
tion and storage capacity of freshwater wetlands;
(b) wildlife habitat by providing breeding, nesting and
feeding grounds and cover for many forms of wildlife, wildfowl
and shorebirds, including migratory wildfowl and rare species;
(c) protection of subsurface water resources and pro-
vision for valuable watersheds and recharging ground water supplies;
(d) recreation by providing areas for hunting, bird watch-
ing, photography and other uses;
(e) pollution treatment by serving as biological and
chemical oxidation basins;
(f) erosion control by serving as sedimentation areas
and filtering basins, absorbing silt and organic matter;
(g) education and scientific research by providing read -
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ily accessible outdoor bio -physical laboratories, living class-
rooms and training and education resources;
(h) open space and aesthetic appreciation; and
(i) sources of nutrients in freshwater food cycles and
nursery grounds and sanctuaries for freshwater fish.
7. Regulation of freshwater wetlands, in accordance with
the agricultural exemption established in Section 5 hereof, is
consistent with the legitimate interests of farmers and other
landowners to graze and water livestock, make reasonable use of
water resources, harvest natural products of the wetlands, selec-
tively cut timber and otherwise engage in the use of land for ag-
ricultural production.
Section 4. Definitions.
The following terms, phrases, words and theirderivatives
shall have the meaning given herein:
1. "Adjacent area" means any land in the Town of Wappinger
immediately adjacent to a freshwater wetland lying within 100 feet,
measured horizontally, of the boundary of a freshwater wetland.
2. "Agency" means the Town of Wappinger.
3. "Applicant" means any person who files an application for
any permit issued by the Agency pursuant to this law, and includes
the agent of the owner or a contract vendee.
4. "Board" means the Freshwater Wetlands Appeals Board estab-
lished by Article 24 of the State Environmental Conservation Law.
5. "Boundaries of a freshwater wetland" means the outer
limit of the vegetation specified in paragraphs (a) and (b)
of subdivision 7 of this section and of the waters specified in
paragraph (c) of such subdivision.
6. "Town" means the Town of Wappinger.
7. "Freshwater wetlands" means lands and waters lying within
the boundaries of the Town of Wappinger as shown on a fresh-
water wetlands map which contain any or all of the following:.
(a) lands and submerged lands commonly called marshes,
swamps, sloughs, bogs, and flats supporting aquatic or semi -
aquatic vegetation of the following vegetative types:
(1) wetland trees, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils to give them
a competitive advantage over other trees; including, among others,
red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea
mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus
pennsylvanica), American elm (Ulmus americana), and larch (Larix
laricina);
(2) wetland shrubs, which depend upon seasonal or
permanent flooding or sufficiently water-logged soils to give them
a competitive advantage over other shrubs; including,anong others,
alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog
rosemary (Andromeda glaucophylla), and leatherleaf (Chamaedaphne
calyculata);
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(3) emergent vegetation, including, among others,
cattails (Typha spp.), pickerelweed (Pontederia cordata), bul-
rushes (Scirpus spp.), arrow-arum (Peltandra virginica), arrow-
heads (Sagittaria spp.), reed (Phragmites communis), wildrice
(Zizania aquatica), bur-reeds (Sparganium spp.), purple loose-
strife (Lythrum salicaria), swamp loosestrife (Decodon verticil-
latus), and water plantain (Alisma plantago-aquatica);
(4) rooted, floating-leaved vegetation; including,
among others, water-lily (Nymphaea odorata), watershield (Brasenia
Schreberi), and spatterdock (Nuphar spp.);
(5) free floating vegetation; including, among
others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza),
and watermeal (Wolfria spp.);
(6) wet meadow vegetation, which depends upon season-
al or permanent flooding or sufficiently waterlogged soils to give
them a competitive advantage over other open land vegetation; in-
cluding, among others, sedges (Carex spp.), rushes (Juncus spp.),
cattails ,(Typha spp.), rice cut -grass (Leersia oryzoides), reed
canary grass (Phalaris arundinacea), swamp loosestrife (Decodon
verticillatus), and spikerush (Eleocharis spp.);
(7) bog mat vegetation; including among others,
sphagnum mosses (§2ahnum spp.), bog rosemary (Andromeda glauco-
phylla), leatherleaf (Chamaedaphne calyculata), pitcher plant
-, (Sarracenia purpurea), and cranberries (Vaccinium macrocarnon
and V. oxycoccos);
(8) submergent vegetation; including, among
others, pondweeds (Potamogeton-spp), naiads4(Najas spp.),
bladderworts (Utricularia spp.), wild celery (Vallisneria
americana), coontail (Ceratophyllum demersum), water milfoils
(Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Mitella
spp.), waterweeds (Elodea spp.), and water smartweed (Polygonum
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amphibium);
(b) lands and submerged lands containing remnants of
any vegetation that is not aquatic or semi -aquatic that has died
because of wet conditions over a sufficiently long period, pro-
.
vided that such wet conditions do not exceed a maximum seasonal
water depth of six feet and provided further that such conditions
can be expected to persist indefinitely, barring human interven-
tion;
(c) lands and waters enclosed by aquatic or semi -aquatic
vegetation as set forth herein in paragraph (a) and dead vegeta-
tion as set forth in paragraph (b), the regulation of which is
necessary to protect and preserve the aquatic and semi -aquatic
vegetation; and
(d) the waters overlying the areas as set forth in (a)
and (b) and the lands underlying (c).
8. "Freshwater wetlands map" means a map on which are in-
dicated the boundaries of any freshwater wetland and which has
been filed with the Clerk of the Town of Wappinger by the
State Department of Environmental Conservation pursuant to
Section 24-0301 of the State Environmental Conservation Law.
9. "Local government" means a city, county, town or vil-
lage, and where not specifically designated, the Town of
Wappinger.
10. "Party in interest" means the applicant, the Agency, the
State Department of Environmental Conservation, each local govern-
ment in which the regulated activity or any part thereof is located,
and any person who appears and wishes to be a party in interest at
the public hearing held pursuant to Section 7 of .this law.
11. "Person" means any corporation, firm, partnership, associa-,
tion, trus., estate, one or more individuals, and any unit of govern -
went or agency or subdivision thereof.
12. "Pollution" means the presence in the environment of human -
induced conditions or contaminants in quantities or characteristics
which are or may be injurious to humans, plants, animals or property.
13. "Project" means any action which may result in direct or
indirect physical impact on a freshwater wetland, including but
not limited to, any regulated activity.
14. "Regulated activity" means any form of draining, dredging,
excavation, removal of soil, mud, sand, shells, gravel or other
aggregate from any freshwater wetland, either directly or indirect-
ly; any form of dumping, filling, or depasiting of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind either
directly or indirectly, erecting any structures or roads, the
driving of pilings, or placing_of any other obstructions whether
or not changing the ebb and flow of the water; any form of pollu-
tion, including but not limited to, installing a septic tank,
running a sewer outfall, discharging sewage treatment effluent,
or other liquid wastes directly into or so as to drain into a
freshwater wetland; that portion of any subdivision of land that
involves any land in any freshwater wetland or adjacent area;
and any other activity which substantially impairs any of the
several functions served by freshwater wetlands or the benefits
derived therefrom which are set forth in section 3 of this law.
15. "Selective cutting" means the annual or periodic removal
of trees, individually or in small groups, in order to realize
the yield and establish a new crop and to improve the forest,
which removal does not involve the total elimination of one or
more particular species of trees.
16. f'State agency" means any State department, bureau, corn -
mission, board or other agency, public authority or public benefit
corporation.
17. "State" means the State of New York.
18. "Subdivision of land" means any division of land into two
or more lots, parcels or sites, whether adjoining or not, for the
purpose of -sale, lease, license or any form of separate ownership
or occupancy (including any grading, road construction, installa-
tion of utilities or other improvements or any other land use and
development preparatory or incidental to any such division) by any
person or by any other person controlled by, under common control
with or controlling such person or by any group of persons acting
in concert as part of a common scheme or plan. Subdivision of land
shall include any map, plat or other plan of division of land,
whether or not previously filed. Subdivision of land shall not
include the lease of land for hunting and fishing and other open
space recreation uses and shall not include the division of land
by bona fide gift, devise or inheritance.
19. "Town Clerk" means the duly elet ed town clerk of the
agency or her representative.
Section 5. Permits. 7.
1. Except as provided in subdivision 2 of this section, no
person shall conduct a regulated activity on any freshwater wet-
lands or adjacent area unless such person has first obtained a
permit pursuant to this law.
2. No permit under this law shall be required for:
(a) The deposition or removal of the natural products.
of freshwater wetlands and adjacent areas by recreational or com-
mercial fishing, shellfishing, aquiculture, hunting or trapping,
where otherwise legally permitted and regulated.
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(b) The activities of farmers and other landowners in
grazing and watering livestock, making reasonable use of water
resources, harvesting natural products of wetlands or adjacent
areas, selective cutting of timber, draining land or wetlands for
growing agricultural products, and otherwise engaging in the use
of wetlands or other land for growing agricultural products, ex-
cept that structures not required for enhancement or maintenance
of the agricultural productivity of the land and any filling ac-
tivities shall not be excluded hereunder. Each farmer or other
landowner who intends to conduct an otherwise regulated activity
shall notify the Agency in writing, prior to conducting the ac-
tivity, of his or her intention to engage in such activity, stat-
ing the approximate acreage of freshwater wetland or adjacent area
affected, the location thereof, the methods to be employed, and
the uses to be made of such land. A soil and water conservation
plan prepared by a Soil and Water Conservation District and filed
with the Agency shall be deemed sufficient notification for the
purposes 9f this paragraph.
(c) Public health activities, orders and regulations of
the State department of health, county department of health, or
other, as applicable, undertaken in compliance with section 24-0701
(5) of the State Environmental Conservation Law.
(d) Activities subject to the review jurisdiction of
the State Public Service Commission ot the New York State Board
on Electric Generation Siting and the Environment under Article 7
or Article 8 of the State Public Service Law, respectively. The
standards and restrictions of this law will be applied by said bodies
in determining whether to issue a certificate of environmental com-
patibility and public need under such articles.:
(e) Any actual and ongoing emergency activity which is
immediately necessary for the protection and preservation of life
or property or the protection or preservation of natural resource
values. Such emergency activities include, for example: search
and rescue olerations; preventive or remedial activities related
to large-scale contamination of streams or other bodies of water;
floods, hurricanes and other storms; and public health concerns.
Within five days of the end of such an emergency involving the
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undertaking of any activity which otherwise would be treated as
a regulated activity under this law, the person chiefly responsible
for undertaking such emergency activity shall send a written state-
ment to the Agency setting forth the pertinent facts regarding
such emergency, including an .explanation of the life, property,
or resource values such activity was designed to protect or pre-
serve.
(f) Any activity located in a freshwater wetland where
such wetland is located in more than one town.
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Section 6. Application for permit; processing.
1. Any person proposing to conduct or cause to be conducted
a regulated activity requiring a permit under this law upon any
freshwater wetland of six acres or more in area, or adjacent area,
shall file an application for a permit with the town clerk. The
clerk shall immediately forward such application to the Agency.
2. An application for a permit shall be filed by the appli-
cant on a form prescribed by the Agency. Such application shall
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set forth the purpose, character and extent of the proposed regu-
lated activity. The application shall include a detailed descrip-
tion of the regulated activity, a map showing the area of fresh-
water wetland or adjacent area directly affected, with the location
of the proposed regulated activity thereon, a deed or other legal
description_descriLing the subject property, and such additional
information as the Agency deems sufficient to enable it to make the
findings and determinations required under this law. Projects ap-
proved prior to the enactment of this law, but not yet actually
started, must file an application for permit.
The application shall be accompanied by a list of the
names of the owners of record of lands adjacent to the freshwater
wetland or adjacent area upon which the project is to be undertaken
and the names of known claimants of water rights, of whom the ap-
plicant has notice, which relate to any land within, or within one
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hundred feet of the boundary of, the property on which the pro-
posed regulated activity will be located.
An application shall not be deemed to be completed or
received until the Agency determines that all such information,
including any additional information requested, has been supplied
in a complete and satisfactory form.
3. Within five days of its receipt of a completed application
for a permit regarding a proposed regulated activity, the Agency
shall provide the applicant with a notice of application which the
applicant shall publish at his or her own expense at least once in
each of at least two newspapers having a general circulation in
the Town ' of Wapp inger .
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Said notice of application shall be in a form prescribed
by the Agency and shall:
(a) spe:ify that persons wishing to object to the ap-
plication should file a notice of objection by a specified date,
together with a statement of the precise grounds of objection to
the application, with the Agency;
(b) specify that if no notices of objection are timely
filed or if the Agency determines that the proposed activity is
of such a minor nature as to not affect or endanger the balance
of systems within any freshwater wetland, then the Agency, in its
discretion, may determine a hearing is not necessary and dispense
with the public hearing; and
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(c) specify that the application, including all documents
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and maps therewith, is available for public inspection at the
office of the town clerk.
Notwithstanding any other_provision of this section,
the Agency may in its discretion dispense with the requirement
for a notice of application and require a notice of hearing pur-
suant to section 5 of this section.
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4. (a) No sooner than thirty days and not later than sixty
days after its receipt of a completed application for a pellit
regarding a proposed regulated activity, and after the publication
of a notice of application pursuant to subdivision 3 of this sec-
tion, the Agency shall hold a public hearing on such application
at a suitable location, which hearing shall.be held pursuant to
the provisions of section 7 of this law.
(b) Notwithstanding the provisions of paragraph (a) of
this subdivision, where no notice of objection to the notice of
application published pursuant to subdivision 3 of this section
shall have been filed within the time specified by that notice
A
or where the Agency determines that the proposed activity is of
such a minor nature as not to affect or endanger the balance of
systems within any freshwater wetland, the Agency may, in its
discretion, dispense with such hearing. Where the Agency finds
that a public hearing is not necessary, it shall publish a deci-
sion setting forth its reasons therefor, which decision shall be
a matter of public record. Public notice of such decision that
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a public hearing is not necessary shall be provided in the same
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manner as notice of application set forth in subdivision 3 of
this section.
5. (a) The Agency shall withintwenty-one days of receipt
of a completed application provide the applicant with a notice
of hearing which the applicant shall publish at his or her own
expense at least fifteen days prior to the date set for the hear-
ing, at least once in each of at least two newspapers of general
circulation in the Town of Wappinger.
(b) At least fifteen days prior to the date s't for the
hearing the Agency shall by certified mail provide notice of
hearing to all owners of record of land adjacent to the affected
freshwater wetland or adjacent area and to all known claimants
of water rights, of whom the applicant has notice, which relate
to any land within, or within one hundred feet of the boundary of
the property on which the proposed regulated activity will be
located.
(c) The notice of hearing shall:
(1) state the name of the applicant;
(2) specify the location and outline the scope of
the proposed regulated activity;
(3) specify the date, time and place of the public
hearing on theapplication;
(4) specify that persons wishing to be parties in
interest and eligible to be heard at such public hearing, if any,
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should file a notice of appearance by a specified date, together
with a statement of the precise grounds of support of, opposition
to or interest in the application, with the Agency;
(5) specify that any person Who wishes to be a
party in interest without filing a notice of appearance may do so
by appearing at the public hearing and indicating his or her desire
to be a party in interest, if a public hearing is held;
(6) specify that if no notices of appearance are
timely filed by any party in interest and if the applicantwaives
any public hearing, then the public hearing may be cancelled by
the Agency; and
(7) specify that the application, including all
documents and maps therewith, is available for public inspection
at the office of the town clerk.
6. The Agency shall make the application, including all
documents and maps associated with it, available for public in-
spection at the office of the town clerk.
7. If no timely notice of appearance has been filed as pro-
vided in the notice of hearing published pursuanttro subdivision 5
of this section and the applicant waives in writing any public
hearing on his or her application, the Agency may dispense with
a public hearing and in such instanco shall provide public notice
of the cancellation of the hearing.
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8. For any notice cancelling a hearing which has been scheduled,
notice shall be given on the same basis as the notice of public
hearing provided in subdivision 5 of this section.
9. .The Agency may establish permit fens to assist in its
implementation of this law.
Section 7. Public hearing on a permit application.
1. Any public hearing held on a permit application received
under this law shall be conducted by a hearing officer desipAted
by the Agency. The hearing officer shall have full authority to
control the conduct and procedure of the hearing, and shall be
responsible that a complete record of the hearing be kept. The
public hearing shall be held within the 'Man.
2. (a) Any person may appear as a party in interest, not-
withstanding the failure of such person to file a timely notice of
appearance, by appearing at the hearing and making known his or
her desire to be a party in interest. Persons who are not par-
ties in interest shall be allowed to participate in the hearing.
All parties in interest shall be afforded an op-
portunity to present oral and written arguments on issues of law
and policy and an opportunity to call witnesses in their behalf
and to present oral and written evidence on issues of fact. The
hearing officer shall permit the parties in interest to cross-
examine witnesses but may limit such cross-examination to avoid
the introduction of irrelevant or repetitious material in the record
of the hearing.
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Section 8. Decision on permit application.
1. Where a public hearing has been held regarding a permit
application, the Agency shall either issue the permit requested,
with or without conditions, or deny the application.
The decision by the Agency to issue or deny a permit af-
ter public hearing shall be based on the record of the hearing
and shall be made in writing within thirty days of the Agency's
receipt of the hearing record.
2. Where no public hearing regarding a permit application
has been held either because a hearing was determined not to be
necessary pursuant to paragraph b of subdivision 4 of section 6
of this law or because no notice of appearance was filed with re-
gard to the public hearing and a hearing was cancelled pursuant to
subdivision 7 of section 6 of this law, the Agency shall compile
an official -file consisting of documents submitted by the appli-
cant and any additional documents relied on by the Agency with
respect to the application. The Agency may also take notice of
general, technical or scientific facts within the specialized know-
ledge of the Agency. Any document made part of such official file
shall be available for inspection by the applicant and any interest-
ed member of the public. On the basis of such file, the Agency
shall either issue the permit requested, with or without conditions,
deny the application or order a public hearing to be held pursuant
to the provisions of this law.
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The decision by the Agency to issue or deny a permit
or to order that a hearing be held shall be based on the official
file and shall be made in writing within thirty days of its
completion of the offical file and in any event within sixty
days of its receipt of a completed application. Provided, that
in the case where there have been no objections filed regarding
a proposed project, the issuance of a permit shall be deemed to
be a written decision by the Agency.
3. A copy of the decision of the Agency on each application
for a permit under this law shall be mailed by the Agency as
soon as practicable following such decision to the applicant
and, if a public hearing has been held regarding the application,
to each party in interest.
Section 9. Standards for permit decisions.
1. In granting, denying or conditioning any permit, the
Agency shall consider the effect of the proposed activity with
reference to the public health and welfare, fishing, flood,
hurricane and storm dangers, and protection or enhancement of
the several functions of the freshwater wetlands and the bene-
fits derived therefrom which are set forth in section 3 of this
law.
2. No permit shall be issued by the Agency pursuant to
this law unless the Agency shall find that:
20 -
(a) the proposed regulated activity is consistent with
the policy of this law to preserve, protect and conserve fresh-
water wetlands and the benefits derived therefrom, to prevent the
despoliation and destruction of freshwater wetlands, and to regu-
late the development of such wetlands in order to secure the natu-
ral benefits of freshwater wetlands, consistent with the general
welfare and beneficial economic, social and agricultural develop-
ment of the town;
(b) the proposed regulated activity is consistent with
the applicable land use regulations pursuant to section 24-0903
of Article 24 of the State Environmental Conservation Law;
(c) the proposed regulated activity is compatible with
the public health and welfare;
(d) the proposed regulated activity is reasonable and
necessary; and
(e) there is no reasonable alternative for the proposed
regulated activity on a site which is not a freshwater wetland or
adjacent area.
The applicant shall have the burden of demonstrating that
the proposed regulated activity will be in accord with the stand-
ards set forth in this subdivision.
3. Duly filed written notice by the State or any agency or
subdivision thereof to the Agency, that the State or any such
agency or subdivision is in the process of acquiring the affected
- 21 -
freshwater wetland on which a proposed regulated activity would
be located by negotiation or condemnation shall be sufficient
basis for denial of a permit for such regulated activity. Such
notice may be provided at any time prior to the Agency's deci-
', •
sion to issue or deny a permit for the regulated activity.
Section 10. Conditions to a permit.
1. Any permit issued pursuant to this law may be issued,
with conditions, consistent with this local law.
Such conditions
may be attached as are necessary to assure the preservation and
protection of affected freshwater wetlands and to assure compliance
with the policy and provisions of this law and the provisions of
the Agency's rules and regulations adopted pursuant to this law.
2. Every permit issued pursuant to this law shall contain
the following conditions:
(a) the Agency shall have the right to inspect the pro-
ject from time to time;
(b) the permit shall expire on a date certain;
(c) the permit holder shall notify the Agency of the
date on which the project construction is to begin, at least five
days in advance of such date, and
(d) the Agency's permit shall be prominently displayed
at the project site during the undertaking of the activities autho-
rized by the permit.
22-
3. The Agency shall set forth in writing in the file it
keeps regarding a permit application, its findings, and reasons
for all conditions attached to any permit.
Section 11. General powers of the Agency.
In order to carry out the purposes and provisions of this
law, the Agency shall have the following powers:
1. To appoint officers, agents, employees, and prescribe
their duties and qualifications and fix their compensation;
2. To adopt, amend, and repeal, after public hearing (ex-
cept in the case of rules and regulations that relate to the
organization or internal management of the Agency), such rules
and regulations, consistent with this lawn, as it deems necessary
to administer this law, and to do any and all things necessary
or convenient to carry out the purposes and policies of this law;
3. To contract for professional and technical assistance
and advise; and
4. To hold hearings and subpeona witnesses in the exercise
of its powers, functions and duties provided for by this law.
Section 12. Other laws and regulations.
1. To the greatest extent practicable, any public hearing
held pursuant to section 7 of this law shall be incorporated with
any public hearing required by or pursuant to the New York State
Town Law, Village Law, General City Law, General Municipal Law or
Environmental Conservation Law relating to approvals or permits
- 23 -
otherwise required for the undertaking of regulated activities
on the freshwater wetland or adjacent.area in question.
2. No permit granted pursuant to this law shall remove any
person's obligation to comply in all respects with the applicable
provisions of any other federal, State or local law or regulation,
including but not limited to the acquisition of any other required
permit or approval.
Section 13. Bonding requirements.
1. The Agency may require that, prior to commencemen of
work under any permit issued pursuant to this law, the permittee
shall post a bond with the Agency, in an amount determined by
the Agency, conditioned upon the faithful compliance with the
terms of such permit and for the indemnification of the Town of
- - -
Wappinger for restoration costs resulting from failure to so
comply. Such bond shall be issued by a corporate surety authorized
to do business in the State and shall be in favor of the Town of
Wappinger . It shall remain in effect until the Agency
certifies that the work has been completed in compliance with
the termsof the permit or the bond is released by the Agency,
or a substitute bond is provided.
2. The Agency shall set forth in writing in the file it
keeps regarding a permit application its findings and reasons
for imposing a -bond pursuant to this section.
- 24-
Section 14. Suspension or revocation of permits.
1. The Agency may suspend with notice, if circumstances
permit, or revoke a permit issued pursuant to this law where it
finds that the permittee has not complied wfith any or all terms
of such permit, has exceeded the authority granted in the permit,
or has failed to undertake the project in the manner set forth
in the application. Upon written request within fifteen days of
such revocation, a hearing shall be held in the manner prescribed
in Section 7. A determination shall be rendered within fifteen
days thereafter.
2. The Agency shall set forth in writing in the file it
keeps regarding a permit application its findings and reasons
for revoking or suspending a permit pursuant to this section.
Section 15. Violation; penalties.
1. Administrative sanctions. Any person who violates, dis-
obeys or disregards any provision of this law, including any pro-
vision of any permit issued pursuant to this law or any rule or
regulation adopted by the Agency pursuant to this law, shall be
liable to the people of the State for a civil penalty of not to
exceed three thousand dollars for every such violation, to be
assessed, after hearing or opportunity to be hoard upon du..
notice and with the rights to specification of the charges and
representation by counsel at such hearing, by the Agency. Such
penalty may be recovered in an action brought by the Attorney
- 25 -
General at the request and in the name of the Agency in any court
of competent jurisdiction. Such civil penalty may be released
or compromised by the Agency before the matter has been referred
to the Attorney General, and such penalty may be released or com-
promised and any action commenced to recover the same may be
settled and discontinued by the Attorney General with the consent
of the Agency. In addition, the Agency shall have power, follow-
ing a hearing held in conformance with the procedures set forth
in section 71-1709 of the State Environmental Conservation Law,
to direct the violator to cease his or her violation of this law
and to restore the affected freshwater wetland to its condition
prior to the violation, insofar as that is possible within a reason-
able time and under the supervision of the Agency. Any such order
of the Agency shall be enforceable in an action brought by the
Attorney General at the request and in the name of the Agency in
any court of competent jurisdiction. Any civil penalty or order
issued by the Agency pursuant to this subdivision shall be review-
able in a proceeding pursuant to Article 78 of the State Civil
Practice Law and Rules.
2. Criminal sanctions. Any person who violates an order,
permit or rule or regulation of the Agency regulating freshwater
wetlands and adjacent areas pursuant to this law shall, in nddt-
tion, for the first offense, be guilty of a violation punishable
by a fine of not less than five hundred nor more than one thousand
- 26-
dollars; for a second and each subsequent offense he or she shall
be guilty of a misdemeanor punishable by a fine of not less than
one thousand nor more than two thousand dollars or a term of im-
prisonment of not less than fifteen days nor more than six months
or both. Instead of these punishments, any offender may be puni-
shable by being ordered by the court to restore the affected fresh-
water wetland to its condition prior to the offense, insofar as
that is possible. The court shall specify a reasonable time for
the completion of such restoration, which shall be effected under
the supervision of the Agency. Each offense shall be a separate
and distinct offense and, in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense.
Section 16. Enforcement.
1. The Attorney General, upon his or her own initiative
or upon complaint of the Agency, shall prosecute persons alleged
to have violated any such order of the Agency pursuant to this
law.
2. The Agency shall have the right to seek equitable relief
to restrain any violation or threatened violation of any provi-
sions of this law.
Section 17. Review and appeal.
1. Any decision or order of the Agency, or any officer or
employee thereof, made pursuant to or within the scope of this
- 27 -
law may be reviewed at the instance of any person affected thereby,
including but not limited to any owner of the affected wetland or
adjacent area and any resident or citizen of the Town of Wappinger
by the Board in accordance with title 11 of Article 24 of the State
Environmental Conservation Law, provided such review is commenced
by the filing with the Board of a notice of review within thirty
days after service of such order or notice of such decision given,
as the case may be.
2. Any party to any proceeding before the Agency may make
an appeal to the Board in accordance with title 11 of Article 24
of the State Environmental Conservation Law from any order or
decision of the Agency, or any officer or, employee thereof, is-
sued or made pursuant to or within the scope of this law, provided
such appeal is commenced by the filing with the Board of ,a notice
of appeal within thirty days after service of such order or after
notice of such decision given, as the case may be.
3. Any decision or order of the Agency, or any officer or
employee hereof, made pursuant to or within the scope of this law
may be reviewed at the instance of any person, including but not
limited to any owner of the affected wetland or adjacent area and
any resident or citizen of the Town of Wappinger
, in accordance
with Article 78 of the State Civil Practice Law and Rules, provided
such review is commenced within thirty days of the filing of such
decision or order; and the limitation upon the availability of such
- 28 -
remedy as prescribed in section 7801 of the Civil Practice Law and
Rules shall not be applicable to the applications for review of
determinations and orders made pursuant to this law.
4. The institution of a judicial proceeding to review a deter-
mination or order of the Agency shall preclude the institution of
a proceeding before the Board to review such a determination or
order. The availability of such review by the Board shall not af-
fect the right of any person to seek review of a determination of
the Agency as provided in Article 78 of the State Civil Practice
Law and Rules.
Section 18. Severability.
If any section of this law or the application thereof to any
person or_circumstances shall be adjudged invalid by a court of
competent jurisdiction, such order or judgment shall be confined
in its operation to the controversy in which it was rendered and
shall not affect or invalidate the remainder of any provision of
any section or the application of any part thereof to any other
person oricircumstances and to this end the provisions of each
section of this law are hereby declared to be severable.
Section 19. Effective date.
This law shall take effect upon the filing with the county
clerk of Dutchess County of the final freshwater wetlands map by
the State Department of Environmental Conservation pursuant to
section 24-0301 of the New York State Environmental Conservation
Law applicable to any or all lands within the Town of Wappinger.
2j
MR. JENSEN moved to dispense with the reading of the Local Law
regarding Freshwater Wetlands Protection at this introduction.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following resolution was introduced by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED, that the Town Board of the Town of Wappinger
shall hold a public hearing upon the matter of the adoption of a
local law providing for the protection, preservation and conserva-
tion of freshwater wet lands within the Town of Wappinger, and
establishing a permit system with regard to certain regulated
activities in freshwater wet lands and adjacent areas, on the
9th day of August, 1976, at 7:00 P.M. Eastern Daylight Savings
Time at the Town Hall, Town of Wappinger, Dutchess County, New
York.
Seconded by: Mr. Clausen
Roll Call Vote: 5 Ayes 0 Nays
Mr. Diehl, noting a group of residents from Brook Place being
present, directed that item 6e on the Agenda be considered as the
next item of business. Mr. Brady had requested to speak before
the Board regarding the situation of their. road (Brook Place - Norman
Scofield Developer). Mr. Brady, representing the group present,
indicated they had quite a few problems with this road, especially
in the winter months, and since the Town has not taken this road
over they also have problems having it maintained. The oraginal
owner (Scofield) no longer has any property in this development,
and they feel he has no longer any interest as far as finishing
the road. They don't want the burden of a private road, they would
like the work completed and the road accepted as a Town road.
The following Resolution was offered by COUNCILMAN CLAUSEN, who
moved its adoption:
WHEREAS, all of the lots in the Subdivision hereinafter
described have been sold but the required Highway improvements
have not been completed.
NOW, THEREFORE, BE IT
RESOLVED, that Norman Scofield be directed to complete, by
August 13, 1976, all Highway Improvements required by the Subdivision
approval previously granted to him, and be it
FURTHER RESOLVED, that should said developer fail to complete
said improvements as aforesaid, the performance security previously
posted by him to secure such performances shall be deemed in default
and the Town Comptroller shall take those steps necessary to collect
the principal sum of said security together with accrued interest,
and to place such funds with such Town accounts as will permit
the Town to complete the improvements shall not exceed the sum so
obtained from the proceeds of said security.
Seconded by: Councilman Versace
Roll Call Vote: 5 Ayes 0 Nays
The matter of a vacancy on the Recreation Commission, due to the
fact that Mr. Richard Garren has moved out of State, was placed
before the Board. The Recreation Commission submitted a recommenda-
tion for Mr. Ronald Petro, along with Mr. Petro's resume.
The following Resolution was offered by COUNCILMAN JOHNSON, who
moved its adoption:
RESOLVED, that Ronald Petro be and he hereby is
fill the vacancy on the Recreation Commission of the
Wappinger which has occurred by reason of the moving
out of New York State, and it is further
appointed to
Town of
of Mr. Garren
RESOLVED, that the said Ronald Petro be and he hereby is
appointed to fill such vacancy for the remainder of the term which
shall expire on May 1, 1979.
Seconded by: Councilman Clausen
Motion Unanimously Carried
A Resolution authorizing the Conservation Advisory Council to
accept gifts of property was tabled to next month.
The following Resolution was introduced by COUNCILMAN VERSACE who
moved its adoption:
WHEREAS, the Assessor of the Town of Wappinger has been
requested to prepare assessment rolls,
NOW, THEREFORE, BE IT RESOLVED that the Assessor is authorized
and directed to prepare said assessment rolls, taking into considera-
tion the benefit imposed upon those properties which have received
preliminary approval for subdivision purposes.
Seconded by: Councilman Clausen
Roll Call Vote: 5 Ayes 0 Nays
SIX
15
MR. CLAUSEN moved that the following Polling Places be designated
for the Town of Wappinger to August 1977:
POLLING PLACE LOCATION DISTRICT
Mesier Park 1
Town Hall 2
Garner Engine 3
Wappinger Jr. High School 4
Ketcham High School 5
New Hackensack Church Christian
Educational Center 6
Ketcham High School 7
Ketcham High School 8
New Hackensack Fire House 9
Myers Corners Elementary School 10
Hughsonville Fire House 11
Hughsonville Fire House 12
Wappinger Jr. High School 13
Chelsea School House 14
Chelsea School House 15
Hughsonville Fire House 16
Myers Corners Elementary School 17
Myers Corners Elementary School 18
Mt. Hope Grange 19
New Hackensack Fire House 20
New Hackensack Church Christian
Educational Center 21
Seconded by Mr. Versace
Motion Unanimously Carried
At the request of the Zoning Administrator, the Town Board had
advertised for Bids for Demolition on the MTS Corp. property on
Maloney Road. One Bid was received and opened on July 1, 1976.
This bid was submitted by DeGroodt Brothers Construction.Corp.
in the amount of $14,400.00.
A memo was received from the Comptroller recommending the Board
reject this bid as there are not sufficient funds to pay for this
work. He further recommended a re -bid with different specifica-
tions, perhaps eliminating some of the requirements of the original
bid.
MR. CLAUSEN moved to reject the solitary bid from DeGroodt Brothers
Construction Corp. upon the recommendation of the Comptroller, and
further, that the Comptroller's recommendations be forwarded to
the Zoning Administrator for proper action, with the assistance of
the Highway Superintendent to draw up specifications.
Seconded by Mr. Jensen
Motion Unanimously Carried
(Item 6c - Bids for Contract #9, no information received to
consider by the Board).
John Salamy, having requested to speak before the Board concerning
pressure problems, was recognized by the Chair. He explained
there was a serious water pressure problem at the top of the
hill on Amherst Lane, and having received a letter from Mr. Diehl,
which informed the residents of the availability of pressure pumps,
felt that the Town should be responsible for the installation costs.
He also felt it was unfair for those individuals who needed them
to have to bear the expense to maintain them. Mr. Diehl explained
that this had been established as a policy for other districts.
Mr. Versace indicated that in some executive discussions the Board
had considered a reduction in the O&M charges to those homeowners
that installed pressure pumps. Mr. Jensen concurred with Mr.
Versace in that these homeowners would have to pay for the electri-
city they shouldn't be paying the same rates as those who don't
need to increase (or decrease) their pressure. The Board first
has to see if it can legally be done.
It was decided to discuss this matter at the work session scheduled
for July 20th.
A release form was received from Aetna Insurance Company to
Release and Discharge Tysen Concrete Corp. so that the Insurance
Company could pay the claim to the Town against them (in the
amounts of $921.00) for a broken fire hydrant.
MR. CLAUSEN moved that the Supervisor be authorized to sign the
release to Tysen Concrete Corp. for payment of the damages to
Hilltop Water District.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
217
June 18, 1976
Mrs. Elaine H. Snowden, Town Clerk
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York
Dear Mrs. Snowden:
On April 21, 1976, we were the low bidders at $233,116.00 for
the "Ardmore Hills Water Improvement" Contract. It is our under-
standing that, due to some legal problems, the Town has been unable
to award this contract and the matter is being held in abeyance
until the litigation is resolved. It is our wish to inform you
and ask that you inform the Town Board that we are pleased to
offer a six months extension, from June 30th, 1976, of our bid
to do this work at the above price and we will be pleased to
sign a contract for this amount at any time during this period.
Your assistance in bringing this matter to the attention of
the Town Board will be appreciated.
Yours truly,
s/ David Alexander, Pres.
MR. CLAUSEN moved to accept the proposal from Dave Alexander of
an extension of 6 months, from June 30, 1976, on their bid on
the Ardmore Hills Water Improvement Contract, and so notify Mr.
Alexander of the Board's acceptance of his offer of extension on
said contract.
Seconded by Mr. Jensen
Motion Unanimously Carried
A letter was received from Mrs. Douglas Wilkinson requesting that
a street light be installed at the intersection of Kent Road and
Applesauce Lane.
MR. CLAUSEN moved to deny the request for a street light at the
intersection of Kent Road and Applesauce Lane due to the fact that
the Law prohibits the Town from installing street lights at any
intersections other than that which intersects at either a County
or State Road, except in a Lighting District.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from Ruth Martin, 109 South Avenue informing
the Board that she has been greatly disturbed about the shooting
going on in the woods behind her home (borders on Reese Park).
She would like to know if the Board can do anything about this
situation.
Mr. Diehl commented that there should be something in the Town's
Laws regarding the use of firearms in all the parks, not only
Reese Park. In fact the water and sewer district should be included
in any restriction of gun use.
MR. CLAUSEN moved that the Attorney to the Town be directed to
draw up an Ordinance or Local Law regulating the use of firearms
within Recreational Areas and the confines of the Water and Sewer
District Plants in the Town of Wappinger.
Seconded by Mr. Jensen
Motion Unanimously Carried
A letter was received from Connie Nascarella informing the Board
that on June 25, 1976 some person took the top rail of a section
of their fencing, which runs along the back of their property
bordering on the Quiet Acres recreational area. She further
suggests that the grass not be cut up to property lines so that
it wouldn't attract attention to the houses there.
Mr. Diehl added that Mrs. Nascarella had called him on this subject,
and in that conversation had indicated they would like to be reim-
bursed for the missing section of fencing. Would the Towns' insur-
ance cover it? Mr. Diehl had spoken to Mr. Groenwegen, who, in
turn recommended that Mrs. Nascarella notify the Insurance Company
and they would make a decision.
MR. DIEHL moved that Mrs. Nascarella be informed that she should
notify Marshall & Sterling Inc., the Town's insurance carrier, and
they will make a decision; and further, notify her that her recom-
mendations will be investigated with regard to allowing a green
219
growth buffer between Recreation property and residences, with a
copy of this letter to the Recreation Commission, as they may have
further recommendations to help her.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A letter was received from Mr. Frank M. Robinson, 120 Edgehill
Drive, who complained about a constant problem with sand in their
water. Mr. Jensen commented that he believed Mr. Lapar and the
operators of the Town's systems went down to Mr. Robinson's
residence, and had determined that there were various options by
which to alleviate this condition. The long term solution seems
to be adding more flushing hydrants to the system, which doesn't
seem to be economically feasible at this time. This, however, is
a cost factor that would have to be considered over the next few
years.
MR. JENSEN moved to instruct the Engineer to research a filteramg
system at the plant site, and report back to the Board with an
estimated cost, and also at the same time, research cost figures
for an "in house" filter system.
Seconded by Mr. Clausen.
Motion Unanimously Carried
MR. JENSEN moved that the Engineer to the Town research the amount
of hydrants that should be installed eventually in those particular
lines that only have a few hydrants when the system was acquired.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A report was received from Camo Pollution Control Inc, regarding
a curb codk leak at the Johnson residence, 15 Applesauce Lane.
They indicated that this was another situation where they cannot
be sure of which side of the curb cock is leaking, and seek advice
as to what action the Board wishes them to take.
Mr. Diehl commented that in informal discussions the Board had
agreed that he, Mr. Jensen and Mr. Versace would have emergency
power to make decisions on curb cock leaks and had so informed
Mr. Cacchio that they make immediate repairs on emergency leaks.
Mr. Jensen agreed with the action Mr. Diehl had taken. Discussion
followed on the technical points, locations of curb cocks, respon-
sibility of repairs on or off private property, etc. It was
recommended that a release be gotten from the property owner under
any circumstance when work is contemplated for fixing leaks at the
curb cock. Mr. Diehl instructed the Town Clerk to inform Mr. Cacchio
to get a release in all instances where work is done to fix leaks at
curb cocks. Discussion then followed as to how far the Town's respon-
sibility went as to cost of repairing and/or restoring the property
owners land after repairing the leak. It was decided that the
Attorney draft some type of a release that would be acceptable to
both parties.
The following letter was received:
July 6, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Re: O&M Contract,
Gentlemen:
As we discussed recently we have been operating on the 1975
contract. On your request we are submitting a new contract which
I understand was budgeted and will be retroactive to January 1,
1976.
Enclosed please find the contract and our proposed breakdown
as to district costs.
We again would like to state that even with this increase,
the routine operation and maintenance may not be adequate due to
the excessive man-hours required for nearly daily corrective
actions. We will continue to do the best we can with the allotted
man-hours.
221
Thank you in advance for your cooperation.
Very truly yours,
Camo Pollution Control Inc.
s/ George B. Cacchio, Pres.
MR. JENSEN moved that the Town accept the Agreement for Operation/
MaintenanceofWastewater Treatment Systems, and Water Supply Systems
of the Town of Wappinger, and authorize the Supervisor to sign said
contract with Camo Pollution Control Inc. retroactive to January 1,
1976.
Seconded by Mr. Versace
Motion Unanimously Carried
A report was received from Camo Pollution Control Inc. signed by
Michael Morris, Vice President,referring to the requirements of
the Dutchess County Department of Health regarding chemical and
physical sampling of public water._ supplies. They recommended that
they be authorized to proceed with the necessary sampling.
MR. JENSEN moved that the testing of the water as recommended in
the letter from Mr. Morris be approved.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following report was received:
June 14, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Central Wappinger Water Improvement
Contract #1
Gentlemen:
Please be advised that the water line running from the intersection
of Spook Hill Road and Ardmore Drive to Hopewell Road, and also the
line from Hopewell Road -and Spook Hill Road to MacFarland Road, have
0
been pressure and bacteriologically tested and are, therefore,
ready for use.
Very truly yours,
s/ Joseph E. Paggi, Jr.
Engineer
MR. CLAUSEN moved to receive the report from Mr. Lapar's Office
re Central Wappinger Water Improvement Contract #1 and place it
on file.
Seconded by Mr. Jensen.
Motion Unanimously Carried
Some discussion arose, prompted by a question from Mr. Clausen
regarding requests relating to fire insurancerates. Tests were
supposed to have been done at various times by the Department of
Fire Underwriters, but, so far, appointments for these tests have
always been postponed.
MR. CLAUSEN moved that the Town Clerk direct a letter to the
proper authorities, Fire Departments, Attorney, Comptroller,
Supervisor's Office, for any help or direction they may be able to
give the Town and the Engineer to the Town for implementing an
Underwriters inspection of our water lines so that residents could
benefit from the reduction in Fire Insurance.
Seconded by Mr. Diehl
Motion Unanimously Carried
The following letters were received:
June 16, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Possibility of extending the Hilltop
Water Tank and the Rockingham Farms
Water Tank in order to eliminate the
need for Booster Pumps within those
systems.
Gentlemen:
At the May meeting of the Town Board, my office was authorized to
go to bid on a booster pump for the Top O'Hill-Dogwood Hills
section of Central Wappinger Water Improvement and to investigate
the possibility of having some sort of booster system in the
Rockingham Farms Water System.
We subsequently investigated the possibility of raising the exist-
ing water storage tanks at both Hilltop and Rockingham Farms..
After contacting various manufactueers, we came up with the
following figures:
To extend the Hilltop Water Tank some 16', which would change its
gallonage from 1,023,600 gallons to 1,433,100 gallons, the cost
would be $115,000. That included the tank extension cost of
$104,600, the slab work at $3,400, and painting of the new
sections at $7,000. The cost of buying an entirely new 1,023,600
gallon tank would be $172,000 and a new 1,433,100 gallon tank was
$215,000. The added head of some 7 psi additional would certainly
not solve the major problem.
Similarly, in the Rockingham Farms Water District, in order to
increase the tank height some 14'11", which would increase the
capacity from 300,000 gallons to 420,000 gallons, the cost was
estimated to be $70,000. The cost of the tank alone was $45,200,
the additional foundation reinforcement $2,800, and complete re-
painting of tanks $22,000. The cost of a new 300,000 gallon tank
is some $78,000 and the cost of a new 420,000 gallon tank is some
$103,000. The increased pressure to be gained by increasing the
size is approximately 6.5 pounds which, again, would not solve
the major problems within the area.
It is, therefore, our recommendation that we proceed with the
bidding of the booster pump for the Top O'Hill-Dogwood Hills
section. Our office is doing same unless advised otherwise.
It is also our recommendation that in-house pumps be made avail-
able to the people in Rockingham (as was done in Tall Trees). To
do anything else will be extremely costly, if not more expensive,
than putting in a whole new tank.
Very truly yours,
s/ Rudolph E.,Lapar, P.E.
July 12, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Rockingham Farms
Control System for Water Tank
Gentlemen:
We have received information on changing of the control system
in the Rockingham Tank (letter attached).
In addition to the above, a wet tap of the tank feeder, a drain,
and some copper tubing will be required.
We propose to house the valves and air tank in a standard manhole.
Our estimate for the above work is as follows:
1. Control System - $100 credit $775.00
2. Wet Tap, corporation stop and drain
valve, plus piping (including labor
& material)
3. Excavation & placement of manhole
(including labor & material)
Estimated Total Cost
Your authorization is requested.
400.00
600.00
1,775.00
Very truly yours,
s/ Rudolph E. Lapar, P.E.
The first communication, regarding the possibility of extending
the Hilltop and Rockingham Water Tanks, was discussed, and it
was decided that both letters should be held and discussed at the
executive meeting July 20th.
The following report was received:
June 22, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Pipe Insulation
Lateral Installations
Dear Board Members:
Enclosed please find a sketch of a proposed alternate design
for pipe protection against frost. This alternate should be
added to the current Rules and Regulations of the Sewer and
Water Lateral installations.
This alternate is proposed due to the high cost and availability
of the primary choice and will suffice for the job needed.
If you have any questions, please call the office.
Thank you,
Very truly yours,
s/ Joseph E. Paggi, Jr.
Engineer
MR. JENSEN moved that the recommendations for the similar, but
cheaper, pipe insulation for lateral installations be accepted as
recommended by the Engineer to the Town
Seconded by Mr. Clausen Motion Unanimously Carried
L
L
The following report was received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls,
Gentlemen:
Please be advised
Apartment complex
been installed in
been successfully
bacteriologically
Therefore, we see
used.
June 22, 1976
N.Y.
that the water service main to the White Gates
on MacFarland Road;; Town of Wappinger, has
accordance with Town specifications and has
pressure tested by this office and successfully
tested by the Dutchess County Health Department.
no reason why this service line may not be
Very truly yours,
s/ Joseph E. Paggi, Jr.
Engineer
MR. CLAUSEN moved that pir. Paggi's letter be received and placed
on file.
Seconded by Mr. Jensen
The following report was received:
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re:
Gentlemen:
Motion Unanimously Carried
June 25, 1976
Smith & Loveless
Pumping and Ejector Station
Town of Wappinger
Enclosed please find a copy of Mr. George B. Cacchio's letter of
May 28, 1976.
We are in complete agreement with Mr. Cacchio and would recommend
that the Town provide these items so that unnecessary problems
can be avoided.
Thank you very much.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
22 5
Mr. Jensen commented that the first part of Mr. Cacchio's,letter
should be honored, and so notify the operators accordingly (sup-
plying new rod tape electrode and adapter system).
MR. JENSEN moved to permit Camo Pollution Control Inc. to purchase
the Electrode Tapes and the purchase of the Spare parts listed
(items # 1 thru 6) to be on hand for emergency situations. However,
if the Electrode tape system is higher than the quoted $50.00 per
unit additional cost figures should be submitted at the July 20th
meeting.
MR. JENSEN moved to instruct the Engineer to contact the Operator
(Camo) and come up with cost estimates on the second recommendations
i.e. regarding the pumping stations (Kent Road and Pippin Lane).
Seconded by Mr. Clausen.
The following report was received:
Supervisor and Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York
Motion Unanimously Carried
June 30, 1976
Re: Wastewater Treatment Facilities
(T) Wappinger
Gentlemen:
On June 22, 1976 Mr. Mikula, of the Dutchess County Health
Department, and this writer inspected the Town wastewater
treatment facilities. We were accompanied by Mr. Cacchio,
of Camo Pollution Control, and Mr. Martin, of Rudolph E. Lapar
Consulting Engineers. Our comments concerning these inspections
are as follows:
OADWOOD KNOLLS S.D.
1) One primary settling tank is still leaking.
2) Chain guards should be provided for the disk drives.
3) One blower was out of operation.
4) The sludge in the holding tank has poor settling qualities.
This is making it difficult to concentrate the sludge. This
also appears to be a source of odors. Pending a final solution
the addition of chemicals may be of some help.
5) The totalizer on the flow meter was not operating properly.
227
L & A S.D.
1) The sludge collector drive motor has a "dead" spot in it.
This causes the collectors to stop resulting in a carryover
of solids to the effluent.
2) The flow meter is not working properly.
3) The sprockets and chains on the collector drive are badly
worn and must be replaced.
4) Scum baffles are needed in both settling tanks and aeration
tanks.
5) Gas chlorinators are old and replacement should be considered.
6) The chlorine room exhaust fan and heater must be repaired.
1 Royal Ridge S.D.
L
1) The flow meter is not working properly and the second meter
is not in.
2) The alarm light was broken.
3) No written response has been received to Mr. Mikula's letter
of comments concerning the recently submitted engineering
report.
Rockingham Farms S.D.
1) The flow meter was not operational
2) The influent pumps have been unreliable such that portable
pumps are needed to prevent bypasses. Changes must be made
here as bypasses will not be tolerated.
3) The sand beds were in very good condition.
4) The basement drain should be fixed.
5) Settling tank collector chain and sprockets are badly worn.
Fleetwood Manor S.D.
1) One aerator was out of operation.
2) New sludge return pumps must be installed. The present
system is totally unacceptable.
3) New buried wiring and a new motor control unit with overload
protection is essential.
4) The sprockets and chains on the sludge collectors are
worn badly and must be replaced.
5) Something must be done to reduce vandalism. It is our
understanding a barbed wire fence will be installed.
6) A flow meter is needed.
7) Slide gates should be provided.
This office realizes that ultimately these plants will be abandoned ,
however, that is still a number of years away . During this period
the Town is still required to provide routine and adequate operation
and maintenance.
A satisfactory response to the above items is anticipated.
Very truly yours,
s/ Joseph F. Marcogliese, P.E.
Senior Sanitary Engineer
MR. JOHNSON moved to receive the report from the New York State
Department of Environmental Conservation and place on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
William Horton, Highway Superintendent, submitted revisions to
Highway Specifications for the Board's consideration.
MR. CLAUSEN moved that the recommendations submitted by Mr. Horton
for revisions to the Highway Specifications be referred to the
Attorney and Engineer to the Town for their review, comments and
recommendations as soon as possible.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following report was received:
July 8, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Orchard Homes Water Supply
Gentlemen:
As per your request, the following units were placed by the
Schoonmaker Homes organization in the Orchard Homes Water Supply
System:
2 ea. storage tanks 20,000 gallons
1 ea. pneumatic tank 7,500 gallons
2 ea. transfer pumps
Carver Pump Company, Muscatine, Iowa
Model #1xl- x71-103
S.N. #1-93099
*2-93098
7.5 hp 230/460V 3 phase 19.2/9/6A 148T Frame
S.F.-1.15
,,l ea. Booster Control Panel
Waterguard,Panel #1497 with lead/lag and
alternation operation.
4 ea. 15 amp breakers
2 ea. motor controls (booster) w/H-O-A operation
A/B Bulletin 709 Size 2 Form 2 Type 1
Cat No. 709CAA Series K. Max hp 15
1 ea. well pump control panel
Water guard Panel #1498 w/H-O-A operation of
pumps
I hope this is the information you require.
Very truly yours,
s/ Rudolph Lapar, P.E.
229
Mr. Diehl, commenting on Mr. Lapar's report, spoke to the Board in
previous discussions regarding this matter, indicating that the
Board had indicated to Camo that everything except the 2 holding
water tanks belonged to the Town. From Mr. Lapar's report and
conversations with Schoonmaker Homes, this is not the case.
There appears to be a fine line as to who owns what.
MR. CLAUSEN moved this matter of ownership be referred to the
Attorney to the Town for clarification, and further, notify Camo
to await a decision of ownership.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Diehl approached the subject of a meeting with the Board to
meet with and interview engineers for the proposed Wappinger
Sewer. III, there are four interested engineering firms who have
submittedletters of qualifications for consideration so far.
He had,also contacted the State and they would set up a meeting
to go over the Sewer III proposed in the near future.
Mr. Jensen questioned whether there had been any advertizing for
these applications or whether it was hearsay. Mr. Diehl answered
"just hearsay". Mr. Jensen and Mr. Versace believed formal adver-
tising for engineers should be done before any piecemeal inter-
viewing was started.
Mr. Diehl appointed Mr. Versace to chair the new proposed Wappinger
Sewer Improvement III, since Mr. Jensen chairs Wappinger Sewer
Improvement II. Mr. Versace can thus set up the interviews and
screening of engineers for this project. Mr. Versace, with refer-
ence to advertising, felt the Supervisor's Office should be respon-
sible for placing an advertisement for proposals for engineering
services for this project.
Mr. Diehl brought up for discussion the Public Hearing which has
been scheduled for July 12, 1976 on the proposed amendments to the
Zoning Ordinance. Does the Board wish to go through with this hearing
X30
although there are some errors on the Zoning Map, and subsequently
act to correct these areas of error, or postpone the hearing until
Frederick Clark Associates presents corrections. Mr. Clausen stated
that if the Hearing was held now, he would not approve of the
Ordinance as it is now printed. Mr. Johnson stated he would
support the Ordinance as it is presently written, with the
provisonthat the necessary changes are made and vote for these
changes as soon as possible. Mr. Versace couldn't support this
Ordinance as it would be presented at the scheduled Public Hearing,
and can't see going to a Public Hearing in a period of 60 days to
revise something that could be adjusted first. Mr. Jensen also
would have difficulty going along with the Public Hearing on
Wednesday because there are known errors, and he couldn't in all
good faith pass on an Ordinance he knows in his mind is not the
one the Board agreed to originally bring before the public. He
agreed that the Hearing be postponed until the Map and the words
are made the way the Board intended them.
MR. CLAUSEN moved to postpone the Public Hearing scheduled .for
July 14, 1976 �n the proposed Amendments to the Zoning Ordinance,
and a new date set and advertised at a future time.
Seconded by Mr. Jensen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Johnson Nay
Councilman Versace Aye
Supervisor Diehl Nay
Motion Carried
Discussion then was held regarding setting up a date to meet with
Frederick Clark Associates and all other"Town Officials involved.
The date of July 21st at 8:00 P.M. was tentatively set subject to
the availability of Clark Associates.
(At this point Supervisor Diehl turned the meeting to Mr. Clausen
and steps down from the Chair).
('OZ
231
The following report was received:
July 9, 1976
Town Board
Town of Wappinger
Town Hall
Mill Street
Wappingers Falls, New York
Re: Robert's Running Creek vs.
Town of Wappinger
Gentlemen:
Judge Wood of Supreme Court has decided that the above
petitioner was entitled to a variance in order to build addi-
tional units.
We believe this decision to be incorrect and therefore,
we have filed a notice of appeal subject to your approval.
Please note that such an appeal stays any action in this matter.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Allan E. Rappleyea
MR. JOHNSON moved to direct Allan E. Rappleyea, Attorney to appeal
the Supreme Court decision regarding Robert's Running Creek vs.
the Town of Wappinger.
Seconded by Mr. Jensen
Roll Call Vote: 4 Ayes 0 Nays
Mr. Charles Solomon, Fleetwood, being recognized by the Chair,
commented that at the last Board meeting the Board had indicated
they would discuss the Fleetwood Water System problem, but there
was nothing on the Agenda this time regarding what was being done.'
Mr. Clausen informed him that last week the Board had met with
Mr. Hill, from the Dutchess County Health Department, Mr. Cacchio and
Mr. Lapar. Various plans were discussed, and there is a recommended
list as to what has to be done and the Board is taking this under
advisement now, and will shortly come up with a. method by which
the Town can raise the type of money that is needed to operate
those systems. Discussion continued on Mr. Solomon's problems.
Mr. Solomon noted, in the course of this discussion, that up to
now, no adjustment had been made on his O&M charges, although
Camo was flushing his lines on an average of 2 or 3 times a week and
he was paying for this water. Mr. Versace indicated that, since
financing was the problem, not just the installation of hydrants,
these matters will be discussed at the July 20th meeting, and
hopefully some resolution to the overall problem can be reached.
Under Committee reports, Mr. Jensen referring to the vandalism
reports being received with regard to the Recreation areas and
Sewer & Water Plants, commented that at the last Board meeting
a meeting had been requested with the Board and State Police and
Sheriff's office to see if something else could be done along with
the people they already have for surveillance. He wondered if
this couldn't be gone through again through the Supervisor's Office.
He also noted that a memo was received from the Comptroller regarding
an opinion of the State Comptroller and the legality of issuing
rewards for information on vandalism. He asked Mr. Adams to check
this matter out, in case the Town chose to pursue this avenue, to
confirm if it is proper to post rewards.
Mr. Johnson, on the Miscellaneous Committee, reported that they
have a list of names that he and Mr. Clausen have for persons to
interview for a double entry bookkeeper for the Supervisor's Office,
and as soon as they can go through the list, they will make some
recommendations.
Under Unfinished Business the following report was received:
July 6, 1976
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re:
Joern-Olaf Weber
Repair of property after
Sewer Line Installation
Dear Board Members:
Enclosed please find Mr. Lombardi's letter of June 30, 1976.
This office agrees that the property is in better condition now
then when -the construction of the sewer lines began.
The only problem that may occur in the repaired area will be
233
caused by the discharge of roof leader and related surface
drainage directly by Mr. Weber onto this easement for which
the Town cannot assume any responsibility.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JENSEN moved to accept Mr. Lapar's report on Mr. Joern-Olaf
Weber's property, and place it on file.
Seconded by Mr. Johnson
Roll Call Vote: 4 Ayes 0 Nays
The following report was.. received:
June 29, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Rockingham Farms Water
Storage - Fencing
Gentlemen:
The contract for fencing around the Rockingham Farms Water
Storage Tank was recently awarded to Able Fence Co. Able Fence
has contacted our office regarding a starting date for this
project.
Before this fencing can be installed the pressure sensing unit
and concrete pit should be in place. This work will be done by
the. Town Highway Department and Mr. Horton has informed us that
this cannot be accomplished until Fall. Therefore, if the fencing
is installed at this time it will have to be taken down at the
time of Mr. Horto n' s work.
If the Town Board is agreeable to this procedure, please advise
us as Able Fence would like to commence with the installation.
Thank you.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Lapar added that that report was before the decision of
possibly putting in the manhole with the sensing device, without
Mr. Horton's help.
MR. JENSEN moved to direct the Town Clerk to write a letter to
Able Fence Co. stating that, due to other improvements that are
required at the base of the water tank, said fence cannot be
constructed at this time, and ask if they can extend their bid
for a period of three months.
Seconded by Mr. Johnson.
Roll Call Vote: 4 Ayes 0 Nays
The following report was received:
June 16, 1976
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y.
Re: Letter from Sylvia J. Anderson, Zoning
Administrator "Foundation Surveys"
Gentlemen:
I agree that a foundation survey should be included. However,
I do not understand how the elimination of the preliminary plot
plan can be effectuated since there would be no way of knowing
where the foundation is going to be placed.
What I would suggest would be:
1) Preliminary Plot Plan
2) Foundation Survey
3) Final Plot Plan
It might be possible to eliminate the final certified plot plan
if the foundation survey is instituted.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JOHNSON moved to direct Mrs. Anderson, Zoning Administrator,
Mr. Horton and Mr. Lapar to come up with the words that agree
with each other, and submit a proposal to allow the Board to
set policy.
Seconded by Mr. Jensen
Roll Call Vote: 4 Ayes 0 Nays
Mary Schmalz, being recognized by the Board indicated she was in
favor of posting rewards, since only this weekend the Chelsea
playground was broken into, and a lot of Recreational equipment
stolen. She is sure the rest of the Recreation Commission is
also in favor of posting rewards. Mr. Clausen asked if she would
bring it up at a Recreation meeting and have that Board send a
letter indicating they favor posting rewards to the Town Board.
Jonah Sherman, being recognized by the Chair, indicated he had
directed a letter to the Board members urging them to consider,
in the proposed Zoning Ordinance Amendments, that a set of
standards be included and established that apply to landfill
or removal of soil, such as applies to Mobile Home Parks, the
same set of standards for private recreation areas, and public
assembly, in terms of traffic control, times and types of
beverages served on the property, etc. He hopes his suggestions
will be considered at the meeting with the consultants.
Mr. Johnson referring to a copy of a letter the Board received
that Mrs. Anderson sent to Reno Longitano in which she makes
reference to signing a permit under protest. Mr. Johnson checked
with Mrs. Anderson to find out what she was referring to, and
apparently it was a situation of something being built without
having a permit, and coming in to get a permit after the fact.
Mr. Jensen thought that some direction will have to be given to
someone or haul some of theee offenders into court.
Mr. Clausen suggested Mr. Longitano be called in to discuss this
matter on the 20th of July at 7:30. Mr. Jensen suggested an
afternoon discussion with Mrs. Anderson first to ascertain the
facts. This was decided as the best avenue to pursue. Meet with
Mrs. Anderson and proceed from there.
MR. JOHNSON moved the meeting be adjourned, seconded by Mr.
Versace and carried.
The meeting adjourned at 10:55 P.M.
('
Elaine H. Snowden
Town Clerk
235
L
1
,z/c.)/1.
A Public Hearing was held by the Town Board of the Town of
Wappinger on Monday, July 12, 1976 at 7:45 P.M. at the Town Hall,
Mill Street, Village of Wappingers Falls, New York on an Ordinance
Amending the Zoning Ordinance of the Town of Wappinger (Signs).
Supervisor Diehl opened the Hearing at 7:57 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Frank Versace, Councilman
Elaine Snowden, flown Clerk
Others Present:
Jon Adams, Attorney from Allan Rappleyea's Office
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. (These Affidavits are attached hereto and made a part
thereof of the Minutes of this Hearing).
Supervisor Diehl asked if there were any questions, did anyone
wish to speak.
No one wished to speak.
COUNCILMAN JENSEN moved to close the Public Hearing, seconded by
Mr. Clausen.
The Public Hearing closed at 7:59 P.M.
autojA ankthk-
Elaine H. Snowden
Town Clerk
W. and S. P.
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
AX 7 — 3724
20 EAST MAIN STREET - WAPPINGERS FALLS
PLEASE TAKE NOTICE that the
Town Board of the Town of Wappinger
will conduct a public hearing at the
Town Hall, Mill Street, Wappingers
Falls, New York on Monday, July 12,
1976 at 7:45 EDST to hear all persons
concerning an Ordinance Amending the
Zoning Ordinance of the Town of
Wappinger.
ORDINANCE AMENDING THE
ZONING ORDINANCE OF THE TOWN
OF WAPPINGER
BE IT RESOLVED AND ORDAINED
by the Town Board of the Town of,
Wappinger, Dutchess County New
York, ursuant to laws of the State of
New York, that the Town of Wappinger
Zoning Ordinance adopted January 29,
1963, as amended from time to time, is
hereby further emended as follows:
Section 1: Subparagraph (b) is hereby
added to the "permitted accessory uses '
under the 11 8-1 G•strict and the H B•2
District and shall In each case read as
follows:
(b). Signs: -
Signs shall be permitted in the above
District only in accordance with the.
standards and conditions for signs as
provided under the LB (Local Business)
District classificat on. No other signs
shall be permittee' Said LB District
Regulations are hereby incorporated
herein by reference! thereto.
Section 2: This amendment shall take
effect immediately upon adoption,
posting and publicarion as provided by
Town Law.
Introduced by: Supervisor. Louis D.
Diehl
Seconded <by:,-Couhcilman_J.per s...
Clausen- - - --- - -- .
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutcheu.
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger. Dutcheu County. New York.
being duly sworn. says that he is. and et the several
times hereinafter was. theCo-Editor-Published
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
Dutchess County. New York, and that the annexed
NOTICE was duly published in the said newspaper for
oneweek succeuively once in each week.
commencing on the...1S.t ...day of.... J.1iy
197G. and on the following dates thereafter. namely on
and ending on the.....) -At .day of.. u) Y
19.76both days inclusive.
Subscribed and sworn to before me -° :.._
Notary Public
My commission expires
ALBERT M. OSTEN
NOTARY PU ;C, ..^.:1 c. OF nr:w YORK
QL'AL'F E:, I.. ;t':T ,;:i;:,t LiiJ:.;Y
*14-V24076C
COMMISSION EXPIRES MACH 30, 19)�-.