Loading...
1977-09-12 RGM446 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on September 12, 1977 at the Town Hall, Mill Street, Wappingers Falls, New York. loresent: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Rudolph Lapar, Engineer to the Town Jon H. Adams, Attorney (representing Allan Rappleyea's Office) Supervisor Diehl called the meeting to order at 8:56 P.M. Reports for the month of August were received from the Town Justices, and Building Inspector and Zoning Administrator and the Annual Report for the year 1976 was received from Town Justice Vincent Francese. MR. CLAUSEN moved the August Reports from the Town Justices, the • Building Inspector and Zoning Administrator and the Annual Report from Town Justice Francese be accepted and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried The resignation of William Egan as Confidential Secretary to the Supervisor had been received by Supervisor Diehl and the resignation was now so noted. MR. CLAUSEN moved to receive and place on file Mr. Egan's resigna- tion. Seconded by Mr. Johnson Motion Unanimously Carried A Public Hearing having been duly held on September 12, 1977, on the rezoning petition of James and Kathleen Turco, the matter was 44P placed before the Board for their consideration. The following Resolution was introduced by Supervisor Diehl who moved its adoption: WHEREAS, an amendment to the Zoning map of the Town of Wappinger has been introduced which would rezone the land of James and Kathleen Turco as is more fully described therein from RD -20 to LB, if adopted and WHEREAS, the Dutchess County Planning Board and the Town of Wappinger Planning Board have taken a negative position with regard thereto, and WHEREAS, the Town Board has been advised that the reason for the proposed change is to enable the owners of the property to establish upon theirpremises a food convenience store to serve the residents of Chelsea Hamlet, and WHEREAS, the Town Board is aware of the fact that there presently exists no such facility in Chelsea Hamlet, and WHEREAS, the Town Board is aware of the fact that the subject property while being located in a residentially zoned area is bounded on the north by the Chelsea Sportsman's Association; on the east by the unimproved wetlands of the Passionist Fathers; and on the south and west by the unimprovedlands of Bate and Duncan, and WHEREAS, the Town Board is aware of the fact that the subject premises are located approximately Nine Hundred plus or minus feet (980+) from the intersection of an area presently zoned "LB", and WHEREAS, the owners of the subject property, James and Kathleen Turco, have submitted petitions to the Town Board containing the following endorsement: "We, the undersigned, being residents of the Town of Wappinger have been appraised of the application for an amendment to the Town of Wappinger Zoning Ordinance filed by James and Kathleen Turco, do now by placing our signature on this petition endorse that application. We feel that the amendment would allow the creation of a needed convenience store in the community without disrupting or compromising the Zoning Ordinance; and WHEREAS, the petitions referred to above contain the signa- tures of One Hundred Fortiy (140) residents of Chelsea Hamlet includ- ing residential property owners in the immediate area of the subject premises, and WHEREAS, the Town Board, after having heard the public and having given due consideration and deliberation to the petitioned zoning amendment is of theopinion that sufficient reasons have been fully set forth which would justify the granting of the requested amendment notwithstanding the negative recommendations referred to above now, therefore, be it RESOLVED that the ordinance amending the Zoning map of the 448 Town of Wappinger be and is hereby adopted as it pertains to the property of James and Kathleen Turco located at 5 Broadway, Chelsea, New York, as is more fully described therein. RESOLVED, the Zoning Map of the Town of Wappinger, as adopted January 29, 1963 and as amended from time to time, is hereby further amended as follows: Section 1: The following described property now designated RD -20 on the zoning map of the Town of Wappinger is hereby rezoned to the designation of Local Business (LB): All that tract or parcel of land described on the tax map of the Town of Wappinger as Grid Number 19-6056-01-048-548-00. Said premises are located on the southerly side of Chelsea Road in the Town of Wappinger, Dutchess County, New York and are generally known as 5 Broadway, Chelsea, New York. Section 2: This Ordinance shall take effect immediately upon adoption, posting and publication, as provided by Town Law. Seconded by Mr. Clausen Roll Call Vote: 5 Ayes 0 Nays Resolution Unanimously Adopted A Public Hearing, having been duly held on September 12, 1977 on a local law entitled the Noise Pollution Control Law of the Town of Wappinger, the matter was now placed before the Board for their consideration. SUPERVISOR DIEHL moved the adoption of Local Law #7 of 1977, entitled the Noise Pollution Control Law and seconded by Councilman Jensen to wit: Be it Enacted by the Town Board of the Town of Wappinger as follows: Section 1. Title. This local law shall be known as the noise pollution control law of the Town of Wappinger.. Section 2. Noises. Prohibited. No person shall cause or permit to be caused any noise which can be heard by a person with normal hearing beyond the boundaries of property owned, leased or otherwise controlled by him, and caused by the following: (a) Continuous animal noises between the hours of 8PM to 8 AM. (b) Construction or demolition noises. Construction or demolition which emit such noises is prohibited between the hours of 7PM and 7AM, except in the event of an emergency re- quiring immediate construction or demolition. 440 (c) Radios, televisions, record players, tape recorders and other like devices shall be so modulated as not to annoy or cause discomfort to surrounding neighbors. (d) Between the hours of 7PM and 8AM minibikes, snowmobiles and motorcycles of any description designed for either on or off road use shall not be operated on private pro a ty closer than two hundred feet to any residence except the residence of the owner or operator thereof or any residence to which the owner or operator may be invited. (e) All other loud or raucous noises likely to annoy or disturb people are prohibited between the hours of 7PM and 7AM. (f) No internal combustion engine shall be operated at any time or place in the Town of Wappinger without an adequate muffler designed and manufactured to suppress exhaust noises to a minimum. Section 3. Penalties. A violation of this Local Law is an. offense punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). Each day's violation shall constitute a separate offense. Section 4. Severability clause. If any part of this Local Law is for any reason held to be unconstitutional or invalid, such decision shall not affect the remainder of the Local Law. The Town Board hereby declares that it would have passed the Local Law and each section and subsection thereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases may be declared unconstitutional or invalid. Section 5. Effective Date. This Local Law shall be effective immediately upon filing pursuant to section twenty-seven of the Municipal Home Rule Law. Roll Call Vote: Councilman Clausen Nay Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Duly Adopted. Mr. Versace qualified his nay vote by stating that, due to the comments at the public hearing on it tonight, he feels that consideration should be made, as some questions were raised, and he feels there are going to be forthcoming some amendment to this, therefore a new ordinance should be made and reevaluated, and im- plemented in a total package. Mr. Clausen also qualified his nay vote by stating that since a public hearing was held to hear comments of the residents, and 450 comments had been offered and this evening enough interest, and diverse opinion has displayed to warrant the Board to look at the Ordinance once again, and not in haste adopt it this evening. He would not like to adopt something where knowingly we could hurt or inconvenience individuals or residents unwantingly. He thinks there were enough questions raised this evening that this Ordinance can and may do just that. He isn't against a Noise Ordinance, he believes it is needed and he supports the comments fkbe of the residents this evening who also want it, however, he cannot support it as it stands. Mr. Diehl stated he was well aware of the opposing views put forth but he was also aware that the need for an Ordinance is here now and it should be passed so police powers can be exercised, on such noises as are presented in this Ordinance. Mr. Johnson briefly commented that a sufficient number of people had supported the Ordinance as read and, where a perfect Ordinance may never be ever forth coming, he believes that the Town of Wappinger has a need for such an Ordinance at this time, therefore, would vote yes. The following memo was received: Memo To: Town Board Members From: Matthew W. Ryan, Comptroller Date: September 9 1977 Subject: Check signing authority As you gentlemen are aware, the Federal Government has awarded the Town three (3) grants. One of the administrative problems caused by their rules and regulations is that two (2) signatures are required for all dis- bursements. The Town Board has authorized only the Supervisor to to sign checks, therefore, additional adtion is now necessary. Town Law 34 (1) enables the Town Board to authorize the Comptroller to counter sign all checks signed by the. Supervisor. I believe that this is the best way to handle the situation and a formal resolution is needed. Thank you. MR. JOHNSON moved that the Comptroller be authorized to counter sign all checks signed by the Supervisor for the disbursements of kb 1 the Federal Government grant awards. Seconded by Mr. Jensen Motion Unanimously Carried The following letter was received: Sept. 9, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: It has come to our attention that we cannot use the present access road to the recreation area at Castle Point. The reason is because of hospital security the gate is locked. We, therefore, need a new road and have a recommendation from Mr. Horton that this will cost between $1,000 and $1,200 to put a rough road in the area this year. The road will come out on River Road. We, therefore, request the sum of $1,200 be transferred to the Recreation account in order to do the work. A site inspection has been made by Mr. Horton, Mr. Diehl and members of the Commission. Thank you for your consideration of this matter. Yours truly, s/ Hugh J. Maurer, Chairman Recreation Commission MR. DIEHL moved to authorize the sum of $1,200 to be transferred from the Anti -Recession Fund to the ARF7110.4 Recreation account, for the purpose of putting in a rough road in the Recreation Area at Castle Point. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl had pointed out that there was an amount of about $1,700 in Anti -recession Funds that must be expended before the end of the year or else it will have to be returned to the original source from which it was received. He noted that along with the expenditure for the Recreation road, Mrs. Snowden is in need of a typewriter, which would normally go in to her budget for the coming year, but under the circumstances with this money in the 452 Anti -recession Fund, which must be spent or lost, Mr. Diehl would suggest a transfer of $578.50 for a new typewriter (which includes a trade-in of the old one) from the Anti -recession Fund into the appropriate account to purchase the typewriter for the Town Clerk's Office. MR. DIEHL moved that the sum of $578.50 be transferred from the Anti -recession Fund to Account #ARF1410.2 for the purchase of a new typewriter for the Town Clerk's Office. kbe Seconded. by Mr. Johnson Motion Unanimously Carried The following Resolution was introduced by COUNCILMAN JENSEN who moved its adoption: BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: BE IT RESOLVED that pursuant to the provisions of Section 237 of the Town Law, the Town Assessor prepare assessment rolls in the manner prescribed by said section for each of the Special Districts and Improvements within the Town, said assessments to be prepared for the levy of benefit assessments within said districts, and BE IT FURTHER RESOLVED that the method of computation of assessments be the same as previously utilized to prepare the 1977 benefit assessment rolls for each district with the excep- tion of Wildwood Sewer District and the Tall Trees Water District, for which districts the assessor shall utilize the same methods followed for Wappingers Sewer Improvement No. 1. BE IT FURTHER RESOLVED that benefit assessments be made for each lot within subdivisions for which preliminary approval was received prior to August 1, 1977 in the same manner as if final approval had been obtained. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Two applications were received for Hawking and Peddling Licenses, one from Lawrence Harvey Foster and one from Carl Yardman. Mr. Diehl stated that before the Board took action on these peddlers applications, it was his opinion that the Board should, at this point re-evaluate issuing Peddlers Licenses. It appears 453 to him. that the Town of Wappinger is being taken advantage of in issuing these licenses, and it appears that some harmful effects can be resulting from this to local residents, merchants and tax payers. He was not in favor of issuing these licenses now before them, tonight, he would like to reevaluate what a peddlers license is and look into it further. Mr. Clausen commented that prior to the Town adopting regulations for issuing peddlers license, indi- viduals were going door to door without the knowledge of the Town, and it was felt by issuance of these licenses, residents could check with the Town Clerk to verify whether these people were legitimate. His question to Counsel was I'm not so sure you can prevent it, what I think we're doing is allowing individuals to go by a certain regulation and rules so that it is easier for law enforcement officers and Town Officials to identify those people within the Town. If it is not a matter of formality and if in fact, the Town can prohibit individuals from coming in on a judgment basis, possibly prejudicial, he would consider delaying action on the applications now before them. Mr. Adams indicated he would have to review the question of Mr. Clausen's and report back to the Board. Mr.Clausen reiterated his question to wit, if these individuals (peddlers) going through what the normal policy of securing a peddlers license is to peddle their wares and would they be breaking any laws when in fact, they went by Town Law to apply and if, in fact, it's a formality, and if denied, can they sell their wares without breaking the law. Mr. Adams stated they could not. Mr. Clausen then said he would support the reviewing of the peddlers licensing, but there would have to comeup from Counsel another type of policy, but would not want to be in a position of some nights granting and some other nights denying. He would like verification by next Town Board meeting. 1 MR. DIEHL moved to table the two Peddlers and Hawkers License application, subject to the opinion of the Attorney. Seconded by Mr. Clausen. Motion Unanimously Carried Pursuant to Section 108 of Agriculture and Markets, the matter of appointment of a dog enumerator/s was placed before the Board. MR. JOHNSON moved that Helen Vidunas be appointed Dog Enumerator for the Town of Wappinger for October and November 1977. Seconded by Mr. Versace Motion Unanimously Carried A request was received from Vincent Francese, Town Justice for himself and Mrs. Francese to attend the Annual New York State Magistrates Association Conference at the Nevele Country Club, September 18 through September 21st, 1977. MR. DIEHL moved that Judge Francese himself be granted permission to attend the Magistrates Conference September 18-21 and that his legitimate expenses be a Town charge. Seconded by Mr. Johnson Motion Unanimously Carried A rezoning petition was received from John Pray for a parcel of land situated on the westerly side of Route 9, south of the Pier 9 Restaurant. His request was for General Business in order to construct a retail and office facility. Mr. Diehl commented that he felt there was a great deal more research and investigation still needed regarding the site which he is proposing in his request for rezoning, which is either part of or adjacent to the Green Fly Swamp, and on that basis, at this time, Mr. Diehl would not be ready to sit at a Public Hearing in regard to this rezoning request. 454 455 MR. JOHNSON moved, that, since he too believed part of this property was in the Green Fly Swamp, and some further discussion also would be in order, the petition for rezoning by Mr. Pray be tabled. Seconded by Mr. Jensen Motion Unanimously Carried The following letter was received: August 18, 1977 Supervisor Louis Diehl Town of Wappinger Mill Street Wappingers Falls, NY Dear Supervisor Diehl: Please be advised that a Bike-A-Thon for the benefit of the 1978' Dutchess County Heart Fund drive will be conducted through the town on October 2, 1977, rain date - October 9th. Purpose of this letter is threefold: 1. To inform you of this event; 2. To request permission to use your town streets; 3. To invite you and your board to participate and help us with details such as, notifying Town Police and any other safety measures you may suggest. The route leader is: Mrs. Eleanor MacDonald Enclosed is a map that describes the entire route. Hopefully, we will hear from you regarding these matters. Sincerely yours, s/ Sara Pfeifer Bike-A-Thon Chairman 1978 Heart Fund Campaign MR. JENSEN moved that the request be granted and the necessary police agencies be notified of said Bike-A-Thon. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: 456 48 Brothers Road Wappingers Falls, NY August 18, 1977 Elaine,Snowden Town Clerk, Town of Wappingers Town Hall, Milli' Street Wappingers Falls, New York Dear Ms. Snowden: This past Sunday a car traveling southbound on Brothers Road failed to negotiate the curve in front of my home, crossed the northbound land and skidded to a stop in my driveway. Luckilly there was no northbound traffic at this time, and no pedestrians in my driveway. I am again requesting that: 1) this portion of the road be marked with a double white line to better define the traffic lanes, 2) the existing guard posts be re -set and reflectors be installed on same, and 3) "SLOW 20 MPH" be painted on the southbound lane just before the curve. It is my opinion (and hope) that if the warning markings are emphatic enough, motorists will enter this curve more cautiously. Yours truly, s/ Gordon R. Arent Mr. Johnson, addressing Mr. Arent's request for double white lines in the road, believes there is a problem with them around the Town, and he was not sure that that particular curve would be any easier to navigate even with double white lines, he believed people going too fast would go across white lines as well as no lines. However, suggesting possibly resetting the reflectors and/or guard rail to sort of ward off any property damage may be in order, and, possibly some better signs might indicate the mad curves. Mr. Horton indicated that he had already scheduled resetting the posts, and also commented that the radar having been in this area last week had made a considerable dif- ference. White lines wouldn't help because the cars are actually sliding. 457 MR. CLAUSEN moved that a letter be addressed to Mr. Arent indicat- ing that the opinion of the Board and Highway Superintendent that future radar stations are believed to be in order and should con- trol the speeding for the present time, that according to the Highway Superintendent the State mandated signs are erected and the posts will be painted white. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: August 22; 1977 Mr. Louis Diehl, Supervisor Town Hall, Mill Street Wappingers Falls, NY Dear Mr. Diehl-: Please --for the safety of our children --be kind enough to remedy the dangerous traffic sign error on Widmer Road. I am referring to -the two 40 m.p.h. signs posted atWidmer. and Split Tree and at Widmer near Quarry Road. This is a heavily populated area and the signs should read "Caution: Children Playing"! As newcomersto this area, we can only imagine that these signs were posted long ago before our development was completed. BUT THEY MUST BE CHANGED BEFORE A TRAGEDY HAPPENS! Moreover, the entire set of speed limit signs on Widmer Road, from New Hackensack to All Angels needs review. As you know the curves in the road are difficult enough to negotiate, but the many confusing speed limit signs --ranging from 25 m.p.h. to 40 m.p.h. all in that short distance only add to the hazard! This is indeed a populated area, and perhaps 25 m.p.h. should be the speed limit for the entire street. Thank you for your anticipated cooperation. Sincerely, s/ Joan K. Paru Mrs. Marden D. Paru Mr. Johnson commented that a lower speed limit than 40 mph had been requested for Widmer Road, and was denied by the New York State Department of Transportation. He believed it might be in order to resubmit our request to N.Y.S. Dept of Transportation and forward a copy of the history of actions to Mrs. Paru so she 106, 1 158 realizes that the Town Board has attempted to reduce the speed limit for this road. Mr. Horton felt she was also confused as to the two types of signs posted on this road. There are both suggested speed limits and legal speed limit signs posted. MR. JOHNSON moved that the N.Y.S. Department of Transportation be requested to review the speed limit for the entire length of Widmer Road, and request it be reduced in its entirety to 35 mph, and forward a letter to Mrs. Pary of this action, along with copies of past correspondence with the N.Y.S. Dept. of Transportation. Seconded by Mr. Clausen Motion Unanimously Carried The resignation of Pauline Boyle, as an Election Inspector (D) in District 19 had been received. MR. DIEHL moved to accept Pauline Boye's resignation as an Election Inspector and the appropriate designated party be notified of her intent not to serve. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: August 25, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. the Gentlemen: In 1972 the Town Board requested and received permission to install a traffic control device at the intersection of Old Hopewell Road and All Angels Hill Road. Although both these roads are county roads, the county refused to install a traffic light, even though they admitted the need for one by giving the town permission to make the installation. Shortly after this light was installed it was vandalized and during the resulting inoperation of the light there was an accident, for which the town is being sued. Between vandalism and mechanical failure this particular light has been non-func- tional to its fullest capacity .at least 10 times since its installation, 4 times this month alone. As the Board is aware, the town has a contract with Rudy Angelo Electrical Contractors for preventive maintenance of the 45) traffic lights at All Angels and Hopewell Road, All Angels and Myers Corners Road, and Middlebush and Old Route 9, We also rely on 'Mr.. Angelo to make reapirs for mechanical failure and vandalism to these lights, for which he bills the town separately. However, it is not always possible for Mr. Angelo to respond immediately to a trouble call from the town which leaves an intersection unprotected for a period of time and results in repeated phone calls from the police agencies and county highway as to when we are going to repair the malfunctioning light. I would strongly recommend the board petition the county to assume responsibility for thetraffic light at Old Hopewell and All Angels Hill Road, and also the Myers Corners and All Angels hill light since these lights are solely for controlling traffic on county roads. Should this petition be denied I would request funds be made available in the budget to allow for the hiring of a.special deputy to direct raffic, if and when there is a traffic light failure, until such time as it is repaired. However, I do feel the town has proved its point in regard to the necessity for these traffic lights and I certainly think the county should assume its rightful responsibility. Very truly yours, s/ William P. Horton Mr. Horton commented further that the Town has proved its point, these lights do control traffic and have cut down considerably on the accident rate. He has also found out the County Highway Dept. does have traffic lights in the Town of Poughkeepsie that they maintain and he feels that the Town of Wappinger should have their fair share, these are on county roads and the county should main- tain ain-toin them, MR. JENSEN moved Mr. Horton's recommendation that the county take over and assume responsibility for the two traffic control devices on All Angels Hill Road at the intersections of Myers Corners Road and Old Hopewell Road, and direct letters to Mr. Schueler, Mr. Spratt, and the Town of Wappinger County Legislators to at least take this into consideration once more and put it into their 197$ operating budget. Seconded by Mr. Johnson Motion Unanimously Carried /S� 460 The following letter was received: August 25, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: The revised highway specifications, dated October 1976, state, on page 17 under "Building Permits", that "No house is to be built where the lowest openings are lower than two (2) feet above the road surface....". It has come to my attention there are several cases in the town where detached garages have been constructed considerably below the road grade, creating flooding conditions for the homeowner and headaches for high- way. i would recommend the word "house" be deleted from this paragraph and "structure" be inserted instead. Also, ,on page 11 of the same specifications, under "Asphaltic Concrete Surface Courses (Rural & Suburban)", it refers to 2" of .binder course, but on Figure 4, which is a summary, the same category shows 3". I request permission to make the correction. Very truly yours, s/ William P. Horton MR. JENSEN moved that the changes to the revised Highway Specifi- cations, dated October 1976, be approved and implemented into the Highway Specifications as requested by Mr. Horton, Highway Superintendent to wit: page 17 of said Specifications the word "house" be deleted and the word "structure" be inserted; and, on Fig.4 where reference is made to 3" of binder course, the correction be made to 2"1 of binder course. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: August 23, 1977 Town of Wappinger Town Supervisor Louis D. Diehl Mill -Street Wappingers Falls, N.Y. Re: U.S. Cablevision Corp with the Town of Wappinger k46i Dear Mr. Diehl: Pursuant to a lease dated the 18th day of July, 1967, between your assignor, Edge Hill Manor, Inc., and our assignor, Highway Displays, Inc., and pursuant to the second paragraph of said lease, the Tenant hereby exercises its ten-year option, commencing October 1st, 1967, to renew said lease for an additional ten (10) years under the same terms and conditions as originally set forth in the lease. I would appreciate your consenting to this renewal by executing the bottom of this letter and returning same to me, along with copies of any resolutions passed by your Board with relation to this matter. Yours very truly, Mangold & Mahar s/ Harold L. Mangold Mr. Jensen noted that there were several communications from the Cablevision people, and as the Renewal Franchise is being reviewed presently, and as one of the revisions suggested is a five year Franchise rather than ten years, so it doesn't, in his opinion make sense to renew this lease until the other matter is resolved. As there were still some questions unanswered and a lot of communications between the Cablevision people and the Board, he would recommend that all communications that the Town has received in the past month from all the various parties be referred to the Cablevision Committee for comments and possible a meeting with the Town Board for a summation of all discussions. MR. JENSEN moved that all the recommendations and communications be forwarded to Charles Cortellino, Chairman of the Cablevision Committee for his review and then set up a meeting with the Town Board. Seconded by Mr. Versace Motion Unanimously Carried (The material referred to in part by Mr. Jensen were items 5k, 51 and 5m and 7a on the Agenda - item 51 was in reference to an overall rebuild of US Cablevision of its trunk cable interconnect, 462 over the signature of H. Erichsen, General Manager, 5m was in relation to 51, but a request that the Town Board intercede on behalf of U.S. Cablevision by requesting the New York Telephone Company to allocate additional manpower for the cable TV make- ready work on their telephone poles). Mr. Johnson addressed the latter letter from Mr. Erichsen regard- ing the New York Telephone Company for manpower, and felt it might be appropriate if the Town Board did write the Phone Company asking for additional manpower. MR. JOHNSON moved that the Town Board send a letter to the New York Telephone Company asking them to expedite theirportion of the pole work that is necessary for the rebuilding of the cable. Seconded by Mr. Versace Motion Unanimously Carried A petition was also filed with the Board by Charles Cortellino signed by 12 residents of the Mocassin Hill Area stating "We the undersigned residents of the Town of Wappinger request that the Town Board approve the variance to allow U.S. Cablevision to serve Mocassin View Road". The following letter was received: August 30, 1977 Town Board Town of Wappinger Town: Hall, Mill Street Wappingers Falls, New York Gentlemen: I enclose a copy of a Senate bill which was passed and signed by the Governor and is now Chapter 397 of the Laws of 1977. It would appear from this amendment that the Business Investment Exemption Law has been amended to provide that once an exemption has been granted to a specific piece, of property it shall not be reduced by subsequent action of the Town Board. Very truly yours, Corbaily, Gartland se Rappleyea s/ Allan E. Rappleyea MR. JOHNSON moved Mr. Rappleyea's communciation be received and placed on file. Seconded by Mr.=Jensen Motion Unanimously Carried Mrs. Snowden informed the Board that she had been served with eight Notices & Petitions for Certiorari Proceedings to review the assessments for: Leemilts Petroleum on Aug. 12, 1977; two from Land Properties Company on Aug. 22, 1977; Benderson Devel- opment Co. on Aug. 18, 1977; Brack Construction Com on Aug. 19, 1977; The Dime Savings Bank of New York on Aug. 19, 1977; Kord Company on Aug. 26, 1977; Eleanor Marshall on Aug. 26, 1977; and Imperial Plaza Shopping Center which was served on the Clerk to the Assessor on Aug. 15, 1977. MR. JENSEN moved that the office of Allan E. Rappleyea, of the law firm of Corbally, Gartland Rappleyea, be appointed to answer and defend these Tax Reviews on behalf of the Town of Wappinger. Seconded by Mr. Clausen Motion Unanimously Carried The topic of the October Town Board meeting night was brought up for discussion. This meeting would normally fall on the 10th of October this year, which has been designated by the Federal Holiday Bill as Columbus Day observance. It has, in the past, been the „practice of the Board to change their regular meeting night when they fall on holidays. It was agreed to continue to observe this practice. MR. DIEHL moved that the regularly scheduled meeting for the month of October which would normally fall on Oct. 10th be resched- uled for Monday, Oct. 17, 1977 at 8:00 P.I. Town Hall, and also notify the Planning Board of the date change. Seconded by Mr. Clausen Motion Unanimously Carried 06, 4 Mrs. Snowden reminded the Board that, pursuant to Section 106 Paragraph 3 of Town Law, the Town Clerk shall present the tentative budget'to the Town Board at a regular or special meeting on or before the 5th of Oct., and she asked if the Board would now set a date for this purpose. MR. JOHNSON moved that a Special Meeting of the Town Board be held on Oct. 5, 1977 at 5:00 P.M. Town Hall for the purpose of receiving the Tentative Budget of the Town of Wappinger for the fiscal year 1978. Seconded by Mr. Jensen Motion Unanimously Carried Under Committee Reports, Mr. Jensen informed the Board that the DEC had scheduled a meeting, in regard to Tri -Municipal for Sept. 15th at New Paltz to review the design criteria and anthol- ogy of the Sewer Treatment Plant that they have indicated they would approve. He heard today that this meeting has been can- celled by the EPA and has been rescheduled for Oct. 6th same place, same time, in case any of the Board wishes to attend. Mr. Johnson reported on the matter of the drainage problem on Martin Drive, which he and Mr. Clausen were working on. At the last meeting there was discussion about getting easements, and talking to the residents. About 90/ of the residents have indicated that they would accept the 20 foot easement plan at the rear end of the property alongside the Central Hudson Easement. MR. JOHNSON moved todirect the Attorney to the Town to proceed with sending out the necessary letters and forms for the ease- ments on Martin Drive, as long as the residents there have ex- pressed a willingness to support the project, and further authorize Mr. Lapar, Engineer to the Town to prepare bid specifications on the proposal of piping and using the stream bed, as that course 1 of action is most .feasible and appropriate. Seconded by Mr. Clausen Motion Unanimously Carried Mr. Hirkala, being recognized by the Chair, asked if a determina- tion had been made as to who was liable for the Martin Drive problem that was caused, and has anyone seen to it that that money comes back to the Town coffers. Mr. Clausen responded that he had talked to the Paris' and the picture received here at one Town Board meeting was totally different from what he received in talking to Mrs. Paris, and now he does not believe the Paris' are liable, as was originally believed, for pulling up a pipe on an illegal easement. The following response to the Town Board was received from the Town Planning Board: August 23rd, 1977 Town Board Town of Wappinger Town Hall -Mill Street Wappingers Falls, NY RE: Chelsea Ridge, Section 5 - Downstream Trainage Fee Gentlemen: In answer to your letter dated August 15th, 1977, the Planning Board would like to take this opportunity to advise you that they felt that it was in the best interests of the Town to solve the culvert problem on Chelsea Road expediously and in view of the fact that the cost involved to do this work was greater than the downstream drainage fee the Planning Board waived said fee. The Planning Board further feels that the work to be done on the.culvert and Chelsea Road will benefit the tax- payers in this area along with the entire community. Very truly yours, s/ Betty -Ann Russ, Secr. T/W Planning Board d 466 Mr. Jensen commented that, upon recalling correspondence on this matter going back and forth between the Town Board and the Planning Board, and why they took the option to have the developer relieve the County problem as opposed to the Town receiving the downstream drainage fee, possibly the decision by the Planning Board was the correct one, but he thought that possibly in the future, in lieu of downstream drainage when an alternative is proposed, it might be a good idea for the Planning Board to touch base with the Town 'ioard to get the Town Board's feelings, and it would also probably help in understanding the rationale that the Planning Board has used. Mr. Johnson, in discussion with Mr. Fanuele on the Planning Board's reasoning for having accepted the alternate they didi,. commented that the point the Board may have had was that this was work that might have been done by the County anyway - County road - County problem - and that we ended -up using money that would have gone -into our own fund to solve the County's problem. It isn't a case here where the Town Board is trying to usurp the Planning Board's power, but is a case of where the waiving of downstream drainage is not moving it from one of our pockets into one of our other pockets, but into the County's pocket. This is why he too. feels the Town Board should hear the rationale first to get the facts straight. ME. JENSEN moved that in the future, where there is a deviation kiire from the norm and consideration of an alternate is proposed in lieu of the downstream drainage .charges_by the Planning Board, that the Planning Board so advise and meet with the Town Board in order to collectively review proposals and alternates for a mutual accord. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received: Memo To: From: Date: Subject: Town Board Town of Wappinger Planning Board August 18th, 1977 Recalculation of Downstream Drainage Charges The Planning Board is in receipt of the following recalcula- tions from Mr. Lapar, Engineer to the Town. Applicant Amt. Paid Hugh Greer $ 2,747.00 Classic Auto Body 1,688.37 Taylor Rental Center_ 2,325.58 Party Time Caterers 4,069.77 Poughkeepsie Datsun 1,116.00 E.M. Sugg 1,274.42 Wapp. Auto Service Azzip ]talian Foods Paino's Mobil Chemical Bank 884.00 939.00 1,163.00 3,942.00 New Formula $ 124.80 No Charge No Refund-C.O. obt. New formula larger than old. 287.25 115.20 464.40 -Note; No refund if area paved. New formula larger than old. 339.00 - Note: No accurate information on what was paved previous to this approval. 313.95 45.00 No Refund-C.O. obt. New formula larger than old. The Planning Board would appreciate it if you would advise them as to any action your Board may take with regard to this matter. Thank you for your consideration. Very truly yours, s/ Betty -Ann Russ Secr. T/W Planning Bd. MR. JOHNSON moved that the Comptroller be authorized and directed to issue the refunds as stated by the Engineer to the :Town and Planning Board, that the Town Board has authorized, for the Downstream Drainage fees. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: 1 468 August 11, 1977 Wappinger Town Board c/o Town Clerk Mill St. Wappingers Falls, N.Y. Gentlemen: Regarding your recent decision authorizing two members of the Advisory Council to attend a conference at a maximum expense of $100.00, may I present the following information to clarify the situation. When application for conservation assistance (Fiscal Year 1977-1978) was made little or no information was available as to where monies should be entered in the proposed budget and therefore when our budget was drawn up it was assumed that "Traveling" was for mileage only, accordingly funding for attending conferences was included under the heading "Education and Public Awareness". Of that total $300.00 entry, $200.00 had been considered for attending conferences. Subsequent information has clarified this situation and our 1978-79 application was charged accordingly. I therefore request that you reconsider your earlier decision and authorize at least three members of the Council to attend the N.Y. Association of Conservation Councils at an expense not to exceed $200.00. Sincerely, s/ Edward S. Hawksley Chairman Mr. Diehl commented that, as he recalled his motion of last month, allowance was made for an expenditure of $100 for members to attend, it wasn't for exactly two members. Mr. Clausen argued that Mr. Hawksley pointed out there was money available for this educational nature in the Conservation budget, and therefore he would have no objection in allowing him to use that education budgetary item for a conference of an educational nature. If there is $200 for education he has no objection. Mr. Jensen recalled that they would need at least two members to go since it would be that type of a, "rap" session, and that's what he believed the Board okayed, he feels two should be sufficient,. and they should be able to report back to their Council. Mr. Clausen contended he believed the difference of opinion was the $200 or $100 in the budget for this. 46 MR. JOHNSON moved that two members of the Conservation Council be authorized to attend the Conference at Town expense and if the cost exceeds the $100 slightly it would be approved. Motion Failed for Lack of a Second Discussion continued pro and con on policy of the Board on conference. attendance. MR. CLAUSEN moved that the Conservation Advisory Council be authorized to send three members to attend the New York Associa- tion of Conservation Councils at an expense not to exceed $200. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: August 11, 1977 Wappinger Town Board c/o Town Clerk Mill St. Wappingers Falls, N.Y. RE: Local Law No. II 1977 (S.E.Q.R.) Gentlemen: Per discussion with Mr. John Adams regarding the status of this local law, it was decided that this law is still in effect for all Type I Actions in the Town of Wappinger. The basis_for this was derived from correspondence from the New York State Department of State. Please see attached letter. Sincerely, s/ Edward S. Hawksley Chairman Mr. Jensen commented that he had some questions on the implementa- tions of the Title I actions and he has written for and received some local laws from different communities in the area on how they are handling this part of the SEQR Act, he would therefore ask the indulgence of the Town Board to table this matter until they can give it more review on it. Mr. Johnson too felt he was not prepared to accept the SEQR Guidelines as proposed. 470 MR.:JENSEN moved to table the matter to the next_:Town Board meeting. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl indicated he had received from Mr. Rappleyea a copy of an indenture regarding the Truett drainage problem. Mr. Truett had the original with him, signed, and presented it to the Town Clerk. He also presented a certified check to the Board for $2,000. MR. CLAUSEN moved that Mr. Truett's signed indenture be forwarded on to Mr. Rappleyea, and if everything is in order, to proceed with the work, and authorize the Supervisor to sign the contract upon receipt of all necessary documentation. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Clausen made reference to the memo from the Planning Board received at the August meeting on the subject of Cranberry Hills and Widmer Road (improvement of Widmer to handle increased traffic). He reiterated the request of the Planning Boardlin that they would appreciate the Town Board as going on record of intent as to doing some major road repair to foresee some fo the traffic problems that might come up in the next year on Widmer Road. It might be apropos for the Board to inquire of the County as to what problems they may foresee within increased traffic due to developments between Widmer and Myers Corners Road. He thinks there should be a priority, and possibly the Board should give the Highway Super- intendent confirmation that in the next couple of years the Board believes his budget should reflect some major road work to be done along Widmer Road. The need is there, and whether the developer will contribute, or fact be mandated to go that route, he would go for it. Mr. Jensen, having attended some of those Planning Board meetings where this was a topic of discussion, and it was 1 his understanding that the need for the realignment of parts of Widmer Road will be necessitated in the future, as the develop- ment is moving forward. He wasn't quite sure what Mr. Clausen was alluding to - the developer or the Town bearing the financial burden of major road work on Widmer Road. Mr. Clausen's comment was possibly meet with the Planning Board and at least give them an answer as to what the Board's intent was, and if, in fact the Planning Board can and will allow the developer to contri- bute, it may be a possibility. There was some further discussion on this matter. MR. CLAUSEN moved that a letter be directed to the Planning Board indicating that the Town Board is in receipt of their letter and are aware of the potential problem with increased traffic on Widmer Road due to future development and are considering alter- native methods to provide for the safety of the residents within the next few years. Seconded by Mr: Jensen Motion Unanimously Carried Mr. Versace made mention of a letter received at the August meeting from Mr. Wolf who represents Mr. Geller of 22 Tor Road. The problem was that of a drainage pond on Mr. Anderson's property with runoff or drainage of it on to Mr. Gellers' property. Mr. Geller had requested Mr. Versace to come out and inspect this pond and the specific problem he was experiencing. He explained the circumstances leading up to the problem and when he visited the site there was stagnant water in this pond. Mr. Geller's concern is that his backyard is constantly being under water due to this property adjoining him. Mr. Geller had also informed Mr. Versace that last August he had notified the proper authori- ties of this condition of a flow of mud etc. that drifted on to his property whilb the other residence was under construction. Mr. Lapar, according to Mr. Geller, wrote a letter to Mr. Hermans relating to him there was a problem and that no C.O. was supposed 472 to be issued until this problem was corrected. Mr. Geller was assured by Mr. Lapar and Mr. Balducci that prior to any C.O's being given that the approvals by the Engineer of this retaining pond would not cause any drainage to Mr. Geller. So, evidently there is a problem there and the problem was caused by the approval of the retaining pond and by the engineer that designed it, and Mr. Geller was assured by Mr. Lapar and Mr. Barger there would be no problems. Mr. Lapar interrupted to state it was only Mr. Barger, not himself, and the guarantee on the plot plan is by Mr. Barger, not by either the Town of Wappinger Building Inspector or the Engineer to the Town. Further, if there is stagnant water in that pond it is probably a maintenance problem of Mr. Anderson's which is really not a factor to the Town. As far as ground water getting on to Mr. Geller's property, there are many subsurface disposal systems in the Town and Dutchess County that get on to other properties. Mr. Lapar also felt that this was a law suit between Mr. Geller and Mr. Anderson, and possibly Mr. Barger. Mr. Versace persisted in that Mr. Geller had been assured that he would not have a problem when the Anderson house was being built, with this retaining pond, and Mr. Geller seems to be getting a slow flow of water where his backyard is constantly wet. He guesses the Town would have a certain amount of responsibility because, evidently all the approvals should have been there prior to a C.O. being given, and evidently Mr. Hermans gave a C.O. Mr. Lapar reiterated that subsurface disposals of either storm drainage or sanitary waste is an acceptable method of disposal, now, if in this case, or any other case, the Town would not like this alter- nate, which is an engineering alternate, to be accepted by any Town employee or official, then we should at this point so state that Mr. Geller's initial problem was with a surface discharge on to his property which this did correct (the retaining pond). He is objecting to subsurface flow of water, and he felt there was no responsibility for theTown of this problem. Mr. Jensen felt 473 it was a legal c iestion. The following letter was received: September 12, 1977 Town Board Town of Wappingers Falls Wappingers Falls, New York Re: Bid -Improvements on various sewage Treatment Facilities, Town of Wappingers. Bid Date 3/9/77 Dear Sirs: This is to advise you that Lafko Associates, Inc., is able to extend it's bid for sixty (60) days until November 12, 1977 on the above referenced project. This is after concerned efforts on our part with our suppliers. Respectfully, s/ Ronald Lafko, Pres. Mr. Diehl directed it be placed on file. Thefollowing._ietter was received: Little "All Angels" Nursery School 43 Pye Lane Wappingers Falls, N.Y. Sept. 12, 1977 Wappingers Falls Planning Board Wappingers Falls, N.Y. Dear Sirs, We fully understand the cost of hooking up to sewage. We still would like to have this priviledge. Sincerely, s/ Denise Efantes There was some discussion regarding this request. Miss Efantes had requested to become a tenant to the Rockingham Farms Sewer District back in Dec. 1976, and at that time it was recommended that she be made aware of all of the costs, policies and stipula- tions before the Board granted approval to her request. Mr. Clausen again questioned whether she had offered anything in writing that would indicate her full knowledge of a tenant's 474 financial obligations. Mr. Jensen and Mr. Clausen agreed that before permission was granted the form of acceptance, stating the various conditions should be signed by her and presented to the Town Board. It was agreed that Miss Efantes be forwarded all forms for her signature and she is then to submit these before the Board considers granting their approval. Mr. Incoronato, being recognized by the Chair, referred to the question posed last month relating to the XYZ Corp. burying their demolition debris on the site of the building, asked has any word been forthcoming. Mr. Diehl answered that Mr. Rappleyea forwarded an opinion letter to the Building Inspector, basically stating that it was within the jurisdiction of the Building Inspector to recommend burying brick and block, subject to the approval of the Dutchess County Environmental Commission. Mr. Dave Ruff of this department has inspected the property and a recommend&tion is forthcoming. Mr. Incoronato cited the case of Montfort Bros. a few years ago dumping in Green Fly Swamp, and the Attorney's opinion at that time was that it was illegal to dump those build- ing materials in the swamp. He stated there was now a 'parallel on the XYZ property and it then would appear the attorney has reversed his initial stand as relating to the Green Fly Swamp dumping. Mr. Diehl stated that was Mr. Incorona to's opinion, the Town would however receive an answer from the Dutchess County Environmental Commission within the next 10 days or so. There being no other business to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. DIEHL moved the meeting be adjourned, seconded by Mr. Jensen, and unanimously carried. The Meeting adjourned at 10:50 P.M.C. 1 Ll Reg. Mtg' 9/12/77 Elaine H. Snowden, Town Clerk 437 A Public Hearing was held by the Town Board of the Town of Wappinger on September 12, 1977, on an Ordinance Amending the Zoning Map of the Town of Wappinger (Turco), at Town Hall, Mill Street, in the Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the Hearing at 7:35 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 to the Town The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. All newspapers and radio stations had been notified. (These Affidavits are attached hereto and made part thereof of the minutes of this Hearing). Mr. James Fedorchak, attorney representing the Turcos spoke for them. He referred to the recommendation of Dutchess Department of Planning and the Town Planning Board which were both negative. This was based on the fact, in their opinion, that if this amendment to the Zoning Ordinance was adopted, it would constitute spot zoning within the Town of Wappinger and more particularly within the hamlet of Chelsea. He felt, however, that changing to LB in this area would not be disruptive or destructive to the local Zoning Ordinance. Also, the fact that there was no other business entity of this type in that area and it was needed (convenient type grocery). He presented pictures of the Turco property and where the store would be located, they were converting a two car garage into a grocery store. There were pictures of other buildings in the area, Fire House, Spottsmnn's Club and property of Passionist Fathers to show the distance they would be in relation tc the proposed store. He presented a map of the immediate area to show this rezoning would not disrupt the area, and to show that in this immediate area there were only two parcels that were used for just residential purposes. The petition stated 436 the purpose of the rezoning and asked the residents to endorse it if they had no objection. He presented a petition signed by 114 residents. The Town Clerk read recommendation from Dutchess County Planning this is on file at the Town Clerk's office. Frank Metropole, Liberty St. was in favor of this proposed Easy Shop for a number of reasons. We need something like this, he felt. We have to travel if we need a quart of mild or whatever. Mike Bolamd, Broadway, lives 150' from the proposed site -definitely in favor of this, definitely in need of it. We did have one, it closed down and left a void in the area. They have to travel quite a distance if they just need a loaf of bread. As far as traffic, it would be no worse than the Post Office - that's on a County road. It would be a definite asset to the area and residents in the area. If anyone was to suffer frim it, it would be him, but he was defintely in favor of it. Mrs. Marie Weyant agrees with the gentleman that just spoke. It is very much needed, it will be a convenience Aldo Marchini - strictly in favor of it. No one present spoke against this rezoning. for the people in Chelsea. Mr. Diehl closed the Hearing at 7:57 P.M. 2) Elaine H. Snowden Town Clerk W. and S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS PLEASE TAKE NOTICE that the Wow conductBoard khueb Toicwnh04 Wapging . Town Halt. Mill Street, Wagppin trse Falls, New YorM.fQqk, on September 12, 1917 cerninat 7:ngg tPhe Application 04a,1 mes• P. and Kathleen Turco forthe rezoning of I certain, premise! situate at Chelsea III Road'in the Tawe of Wappinger; Out. chess County, New York. AN ORDINANCE AMENDING - THTHE TOWN OZONIF WAPPINGEf> The following Ordinance- was in. 1 traduced by Councilman,Ctauser who i moved its adoption: I AThhpe Zoning- • map of,- the -Town Wappinger, as amensdedd from time lo 29,1963, tinier, is hereby further°amendedas follows: SECTION 1: The following' described propertymap flow designated -RD -20 On the ebzoning p the Town or Wappinger Is Y rezoned to the designation of 1 Local Business (LB):, 4y ALL that tract or parcel -be -land land i described on the tax map of the -TWO) of Wapp" as, Grid Number 19.6056.01- ; 048-Se8.00. Said preMises are located on the southerlysideof Chelsea Road to the i Town Wappinger, nd generally hkn known as 5 i Broadway Chelsea, New=.York:.'- SECTION 2: This Ordinance shall take f effffect pImmediately upon: adoption, Town Laaw publicahon;as•Wovf bY; DATED: Aug, 8 •> 1977 --- .:. ` • 1 SECONDED: - Councildien Versace • ;- ElaineHlSnowden; Torn of Wappiingent 1 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess. Town of Wappinger. Beatrice Osten 439 of the Town of Wappinger, Dutcheu County. New York. being duly sworn, says thaboel to fend the ae ral timet hereinafter wu. the orf 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 succeuLv 1v once in Aeach wuguseek. commencing on the day of 197: and on the following dates thereafter, namely on and/ Ending on the 3 Is t 19... both days inclusive. • .%-E day of August Subscribed and sworn to before me this 318 t day of Augur t 434401516111 r". 19..77 Jelmaer Notary Public My commission expires ALDERT M. OSTEN NOTARY P",CLIC, STATE CF NEW YORK ,.'i T ; :E ; COUNTY 440 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER APPLICATION OF OF POSTING THE APPLICATION OF JAMES P. AND KATHLEEN TURCO FOR REZONING CERTAIN PREMISES SiZTUATE AT CHELSEA ROAD IN THE TOWN OF WAPPINGER. ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on August 30th, 1977 your deponent posted a copy of the attached notice of Public Hearing on the Application of James P. and Kathleen Turco for Rezoning Certain Premises Situate at Chelsea Road in the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this /j7-11 T-1 of ,CAtli, 1977. ,i f r,/I L't tc (,J' Notary Public DONALD C POCK i'r. nrn Ju ;tun'Y ("it r r n 1�tl •r1Ll_ Elaine H. Snowden Town Clerk Town of Wappinger 441 A Public Hearing was held by the Town Board of the Town of Wappinger on September 12, 1977, at the Town Hall, Mill Street, Wappingers Falls, New York, on a proposed Local Law which shall be known as the Noise Pollution Control Law of the Town of Wappinger. Supervisor Diehl opened the Hearing at 8:00 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 The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized. All newspapers and radio stations had been notified. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Charles Cortellino--how do you monitor noise. You have to measure noise level. Carl Sekely, Cedar Knolls, - he has been pressing for this Ordinance for three or four years. He had a problem with kids with a rock band at one time, but the people have since moved. You could hear them down at Widmer Road. He would call the State Police but they would do nothing unless there was a local law of the Town, then they could enforce it. Mike Hirkala - he was in favor of this Law. He hasThad experience with noise and record players and music. It's fine if they're in a garage but when they open the door it could blast you off the chair. If I can hear someone else's record players 7 or 8 houses away, that's loud and to him, that's a violation. The same with trailbikes at midnight - when you have to get up at 6 AM. At least we have some vehicle by which we can control the situation. Celeste Ammelounx, Beechwood Circle complained of noise from the apartments on Hopewell Road. Even with her storm windows closed it was loud. She had called the State Troopers but they said they could do nothing without a Noise Ordinance in the Town. She is very much in favor of this law. Debra Donofrio, Beechwood Circle, complained about the music from the apartments on Hopewell Road on Memorial Day weekend - for 3 days they put up with loud music. It did not stop and out of 18 houses on her street, 14 of them complained. The Ordinance is needed. John MacDonald - asked about the fine for this law -- was it $100 for every 24 hours for a fine. If commercial enterprises want to run something for three days, it would cost them $300 for three days in fines - this will not cause them to -"cease and desist". This is not strong enough. He then brought out the fact that according to this Ordinance you could shut down social activi- ties at Ketcham High School, when they have dances or basketball games --from where he lives it is audible. He's not complaining but according to this Ordinance, anyone within hearing distance could complain. Mr. Clausen, we would all like to have a Noise Ordinance to con- trol annoying noises, but in some cases, say at Fireman's Bazaars, maybe we should have special permits for this type of thing. Mr. Cortellino - would a temporary special permit fit in under the Zoning Administrator? Mrs. MacDonald objected to the Ordinance - don't we have the right to have a party. What about a young man that has to work on his car at night so he can get to work the next morning? Are you saying he can't fix his car? Don McMillen questioned the wording of the Ordinance "noise audible to the ear would be a violation"? He said it would have to reach a certain pitch and you would have to have equipment for this. Mr. Sekely said basically we were looking for nuisance noises that were continuous. Mr. Hirkala agreed with Mr. Sekely. He had a party Saturday night, nobody complained, his neighbors were at the party. Mr. Clausen then spoke and felt this was for the control of continuous nuisance noises not occasional ones such as some that '443 were described here tonight. What we should do is have these citations in steps - first offense, second offense and third offense, and make the maximum fine high your consistent nuisance noises will be enough, then probably eliminated. A citation for a one night affair, that's going too fast, too soon. Mr. Diehl felt the law should be passed tonight, then consider adding amendments, but we do need to start! Mr. Versace asked Mr. Adams if we could continue the Hearing after adding amendments. He felt we do need this Ordinance, but it needed some Debra Donofrio extremely loud Mr. Sekely, -- these swingers changes. There were too many pros and cons. asked what about daylight hours? If it continues for four and five hours, how do you handle this? are you talking about organizations, what about that want to make a few hundred bucks and they hold a rock concert. John MacDonald -- you should send Council back to do more work on this. You could very well shut down Dutchess County Pistol Association and the Dutchess County Airport. No one else spoke. The Public Hearing closr'd at 8:38 P.M. e`� �1u erwc eC Elaine H. Snowden Town Clerk W. and S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET - WAPPINGERS FALLS • NOTICE IS HERE—BY' GIVEN. that there has been - duly -presented to and Introduced before the Tow,1 Board of the Town of Wappinger, Dutchess County, New York, on August Sfh,. 1977, e proposed Local , Law . which; shall -be known as the Noise Pollution' Control` • Law of the Town of Wapinger. !YaIIOTtc 'FS FURTHEEIItsG1•VEN“thaf,;. the Town Board of the Town of Wap - p oero�}ll.Conduct a publlo hearing on the aforesaid pcoposad Lo lLLaw at Town Hall,.; Milt Poet— Vialage of Wappingers Fills, Dutcchesr County, , New York, on the 1T11+ day of September, 1977 al 7:45 P.M. EOST, on such day. et which time 411 lertlinalterested will be : heard. lain N. Snowden Town Clerk own of Wappinger AFFIDAVIT OF PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. • Beatrice Ostsgn 444 of the Town of Wappinger. Dutcheu County, New York, being duly sworn, says that he is, rind it the several times hereinafter was. the.CP:XAtQr-RV iS11 W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger, Dutcheu County, New York, and that the annexed NOTICE was duly published to the said newspaper for ....011 ..week succeulvely...Lu e..1n each week. commencing on the... 3.13 t.. day of.... August ... . 197.7 and on the following dates thereafter, namely on and ending on the.... 31s t. day of... August} ... . 197.2 both days inclusive. Subscribed and sworn to before me this...day ..........19..77 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTi:;IFSS COUNTY 14.8240760 COMMISSION EXPIRES MARCH 30, 19 445 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF 1 OF POSTING A PROPOSED LOCAL LAW WHICH SHALL BE KNOWN AS THE NOISE POLLUTION CONTROL LAW OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: SS: 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 August 30th, 1977 your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law which shall be known as the Noise Pollution Control Law of the Town of Wappinger, on the signboard maintained by your deponent in her otfice 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 A ) 414„. 47A-441 Notary Public 1977. t (t (A Elaine H. Snowden Town Clerk Town of Wappinger eaNALD G. 3UCK Nwvy ',3fAta