1977-08-08 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
AUGUST 8, 1977
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES - ,May 9th, May 23rd, June 13t4. July llth, 1977 Regular
'June 20th, 1977 Special
4. REPORTS OF OFFICERS
Town Justices - Bldg & Zoning - Receiver of Taxes
5. RESOLUTIONS
a. Local Law: Bell Sime Park "No Parking"
b. M. Ryan - Transfers: Adjustment of Sewer & Water Budgets
c. M. Ryan - Appropriation for additional Insurance for Highway
Equipment & Justice Ct. Windows
d. Turco Rezoning
6. PETITIONS & COMMUNICATIONS
a. Edna Winters re: Sailer Subdivision
b. E. Sailer re: revision of Local Law #1-76, Wetlands & Local Law#
2-77, SEQR
c. Recommendation from T. Logan re: reappointment to Bd. of
Assessment Review
d. Recommendation from Bd. of Assessment Review re: Reappointment
e. Petitions for Speed reductions on New Hackensack Heights and
Spook Hill Rd.
f. C. Richard Deininger re: Orchard Homes, water supply to homes &
request for moratorium on new connections until problem is resolved
g. CAMO Reports:
1. Orchard homes section C.W.W. system
2. Odor complaints - Oakwood
h. Party Time Caterers, Inc. re: Down Stream Drainage Fees
i. Zoning Bd. of Appeals re: decision on acreage for horses and
request for amendment to Zoning Ordinance regarding same
j. Zoning Board of Appeals - Notice of Public Hearing on Stotz Bldg.
k. Planning Board Communications:
1. Chelsea Ridge, Sect. 5 - Down Stream Drainage Fee, with
opinion from A. E. Rappleyea
2. Cranberry Hills & Widmer Rd.
1. E. Hawksley Reports & Communications: Cons. Adv. Council
1. Recommendation of Wolstenholme as Member of Council
2. Recommendation of Frank Newman as Member to Council
3. Local Assistance Program - Budget for Council
4. Request attendance at Conference in Albany for 4 Members
5. Hourly rate and estimate of hours for Secretary to Council
m. John Wolf, attny, representing Mr. & Mrs. Robert Geller re:
Drainage problem from Anderson Property - Tor Rd.
n. Application for Salvage Yard License from Mid -Hudson Auto Wreckers
o. R. E. Lapar Reports:
P•
q.
1. Water Loss survey
2. Rockingham Farms water system - Protection Fence for Water
Tower
3. Oakwood Knolls STP - Contract #1A, retainage
4. Bid for Truett drainage
Notice, with Notice and Petition, served by City of New York -
Tax Review
John Pray Petition for rezoning - Rte 9, south of Pier 9
7. COMMIrriE REPORTS
AGENDA - TOWN BOARD'
AUGUST 8, 1977
Continued - 2
8. UNFINISHED BUSINESS
a. Martin Drive - Mrs. tompkins and Report from A.E.Rappleyea
b. A. E. Rappleyea opinion letter on Penalties on W & S bilis
c. R. Ruit, Bldg. Insp.-Zng. Adm. Reports:
1. Mid -Hudson Auto Wreckers (2)
2. XYZ Building - Demolishion Order
• d. Copier for Justice Ct.
e. SEQR Guidelines, with opinion of E. E. RaTleyea
f. CATV Franchise renewal application
g. NYS DOT Order for 40 MPH on Losee Rd.
9. NEW BUSINESS
10. ADJOURNMENT
s
The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on August 8, 1977, at 8:00 P.M. at the Town
Hall, Mill Street Wappingers Falls, New York.
Supervisor Diehl called the meeting to order 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:
William Horton, Superintendent of Highways
Jon H. Adams, Attorney (representing Allan Rappleyea's Office)
Rudolph E. Lapar, Engineer to the Town
The Minutes of the Regular Monthly Meetings of May 9, May 23, June
13 and July 11, 1977 and the Special Meetings of June 20 and July
25, 1977, having been previously sent to the Town Board members,
were now placed before them for their approval.
MR. JENSEN moved the Minutes of the Regular Monthly Meetings of
May 9, May 23, June 13 and July 11, 1977 and the Special Meetings
of June 20 and July 25, 1977, as submitted by the Town Clerk be
and they are hereby approved.
Seconded by Mr. Johnson
Motion Unanimously Carried
The Reports for the month of July were received from the Town
Justices, Building and Zoning and the Receiver of Taxes.
MR. DIEHL moved the reports for the month of July be accepted and
placed on file.
Seconded by Mr. Jensen
Motion Unanimously Carried
:103
A Public Hearing having been duly held on Local Law #6 of 1977
Limiting Parking and Standing of Vehicles on Certain Streets in
the Town of Wappinger on August 8, 1977, the matter was placed
before the Board for their consideration.
MR. JENSEN moved that Local Law #6 of 1977 Limiting Parking and
Standing of Vehicles on Certain Streets in the Town of Wappinger
be adopted as follows:
BE IT ENACTED by the Town Boardof the Town of Wappinger
as follows:
SECTION I: No vehicle shall park or stand and no person
shall cause a vehicle to park or stand on the following street
of the Town:
Beginning at the intersection of Old Route 9 and
Old Hopewell Road (R.R. 28) and proceeding northerly
along the easterly side of Old Route 9 for a distance
of 160+ feet.
SECTION II: Anyone who shall violate any provision of
this local law shall upon conviction, be subject to a fine not
to exceed Twenty -Five ($25.00) Dollars, as determined by the
Court.
SECTION III: This local law shall take effect immed-
iately following filing with the Secretary of State.
Seconded by Mr. Johnson
The following request was received:
Memo To:
From:
Re:
Motion Unanimously Carried
July 20, 1977
Town Board Members
Matthew W. Ryan, Comptroller
Transfers and Budget Adjustments
Due to circumstances beyond our control, I must ask the
Town Board to adjust the sewer and water budgets and make
transfers within the individual districts.
A/C#
SS8120.4
SS9730.7
SW8330.4
SW8330.4
SW8330.4
SW8330.1
Title $
Fltw.S Collecting Sys. 2,000.00
Wildwood BAN Int. 300.00
Okw.Water Purification 1,000.00`
Fltw. Water " 1,100.00
Tall Tr. Wtr. " 500.00
CWW Purification 10,900.00
Thank you for your cooperation.
To
SS8130.4
SS9730.6
SS8320.4-
SS8320,4
SS8320.4
SS8320.4
1
Title
F1twTR&Disp.
Wld Ban Prin.
Ok.Wr.PW.Pump
Flt.Wr." "
Tall Tr.Pw&Pump
CWW Pwr & Pump
s/ Matthew W. Ryan, :Comptroller
404
MR. JENSEN moved the transfers, as requested by Mr. Ryan, Comptroller,
be approved and so authorize the Comptroller to make them.
Seconded by Mr. Diehl
Motion Unanimously Carried
The following two memos were received:
July 20, 1977
Memo To: Town Board Members
From: Matthew W. Ryan, Comptroller
Re: Insurance Costs
Enclosed please find a bill from Marshall & Sterling due
to the addition of new equipment for the Highway Department.
As you are also aware the budget for insurance costs is
depleted.
Therefore, please appropriate $24.00 from the Anti -Recession
Fund for this item. The appropriate account number is ARF1910.4
Thank you.
s/ Matthew W. Ryan, Comptroller
July 28, 1977
Memo To: Town Board Members
From: Matthew W. Ryan, Comptroller
Re: Insurance
As per our lease agreement covering the premises utilized
by the Justice Court we are obligated to be responsible for the
glass windows.
Marshall & Sterling has submitted a bill and a rider to
our current policies for this matter.
If the Town Board so desires this expense, please authorize
the expenditure of $316.00 from Anti Recession Funds to Account
number ARF1910.4
s/ Matthew W. Ryan, Comptroller
MR. VERSACE moved that Mr. Ryan, Town Comptroller be authorized
to approprillte $24.00 from Anti -Recession Fund to account ARF1910.4
for additional Highway Equipment insurance coverage and $316,00 from
Anti -Recession Fund to ARF1910.4 for additional insurance coverage
for the glass windows in the building occupied by the Town of
Wappinger Justice Court.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following Ordinance was introduced by COUNCILMAN CLAUSEN who
moved its adoption:
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 I: The following described property now designated
RD -20 on the zoning map of theTown 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. Versace
MR. CLAUSEN moved that a Public Hearing beheld on the rezoning
application of James and Kathleen Turco on the 12th day of Septem-
ber 1977 at 7:30 P.M. EDST at the Town Hall, Mill Street, Wappingers
Falls, New York, at which time all interested persons will be heard.
Seconded by Mr. Versace
Motion Unanimously Carried
The following Local Law was introduced by COUNCILMAN JENSEN:
A Local Law which shall be known as the noise pollution
control law of the Town of Wappinger.
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 8:00 P.M.
to 8:00 A.M.
(b) Construction or demolition noises. Construction or
demolition which emit such noises is prohibited between the hours
of 7:00 P.M. and 7:00 A.M., except in the event of an emergency
requiring immediate construction or demolition.
d
1
(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 7:00 P.M. and 8:00 A.M. minibikes,
snowmobiles and motorcycles of any description designed for either
on or off road use shall not be operated on private property 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 7:00 P.M. and
7:00 A.M.
(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.
The following Resolution was offered by COUNCILMAN JENSEN,
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held August 8, 1977, a proposed Local
Law, entitled "A Local Law which shall be known as the Noise
Pollution Control Law of the Town of Wappinger", and
WHEREAS, the provisions of the Municipal Home Rule Law require
that no local law shall be passed by the legislative body of the
Town until a Public Hearing thereon has been held before such body,
NOW, THEREFORE, be it resolved as follows:
1. That a Public Hearing
Local Law by the Town Board of
day of September 1977, at 7:45
Mill Street, in the Village of
Dutchess County, New York.
shall be held on the said proposed
the Town of Wappinger on the 12th
P.M. on such day, at the Town Hall,
Wappingers Falls, Town of Wappinger,
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by due posting
thereof upon the bulletin board maintained by said Town Clerk in
the Town Hall and by publishing such notice at least once in the
official newspaper of the Town of Wappinger.
Seconded by Mr. Versace Motion Unanimously Carried
407
Mr. Versace commented that there had been some discussion at
the July meeting regarding the Scout Lake Development, and asked
if there were any of the residents from this development present
tonight, might they be allowed to speak before the Board at this
time. No one present from this area, therefore, the Board con-
tinued with the next order of business.
The following letter was received:
65 Kent Road
Wappingers Falls, N.Y.
July 5, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
Subject: Sailer (Fox Run) Subdivision
Enclosed is a copy of our May 11, 1977 letter to the Town of
Wappinger Planning Board.
This letter restates our reasons for opposition to the Sailer
Subdivision, and the attached copy of the item from Yankee
Magazine adds substance to our objections.
Very truly yours,
s/ Edna C. Winters
MR. JENSEN moved to receive and place Mrs. Winters' letter on
file and refer the letter and enclosures to the Planning Board.
Seconded by Mr. Johnson.
Motion Unanimously Carried
The following letter was received:
Fox Hill Road
Wappingers Falls, N.Y.
July 7, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
I am hereby requesting that the Board consider revising the
following two Local Laws:
408
1. Local Law #1 1976 Wetlands
2. Local Law #2 1977 SEQR
While I question the constitutionality of some provisions of
State Law, I agree with the premise that the Town is better off
with its own laws than to be under county or state jurisdiction.
What concerns me most at this time is the extent to 'which the
State Laws (Models) were modified by the Conservation Council.
It doesn't seem fair that a single lobby should have been given
so much freedom in modifying these laws.
I do not believe the people in the Town of Wappinger realize
what is happening in terms of their basic freedoms, or in terms
the of potential bureaucratic growth.
Local Law #1 1976
In the case of the Wetlands Law the State recommendation of
12.4 acres minimum size for a wetland should not have been chang-
ed arbitrarily to 6.2 acres. This is going to be an extremely
controversial and difficult law to adminster fairly and legally,
in my opinion. Are we not asking for additional grief?
I am hereby requesting that the Wappinger Town Board amend
the Local Law #1 1976 to revert back to the State recommended
minimum wetland size of 12.4 acres.
Local Law #2 1977
In the case of SEQR; 20 of the 37 Type I Actions listed in
the Local Law represent significent tightening over the State
Model. futhermore in the Local Law these actions require mandatory
EIS. I disagree with these changes to tighten the law.
In addition The SEQR Implementation Package is intended to
provide the tools for practical implementation of SEQR. My
impression of this guide is that it attempts to "boil theOceaar`:'°`
and considers far too many subjective criteria. In short, it
provides 470 ways to "nit-pick" any action to death. (10 environ-
mental areas x 47 check list questions).
In my opinion The SEQR Local Law #2 1977 should be recinded
and returned to an Editorial Committee made up of a cross section
of Wappingers citizens, including one representative of the
Environmental Council. (I would be willing to serve on such a
committee if asked) .
Likewise the implementation Package should also be extensive-
ly revised before acceptance.
In closing, I urge the Board to consider the key question...
What is our goal?..What are we really trying to fix or prevent?
I feel we should adopt minimal laws which cover these concerns
and avoid bogging down all other business actions which we feel
are adequately controlled.
Sincerely,
s/ Edward Sailer
MR. JENSEN moved that Mr. Sailer's letter be received and placed
on file with a copy forwarded to the Planning Board.
Seconded by Mr. Clausen Motion Unanimously Carried
41) 9
The following letters were received:
30 June 1977
Town Board
Town of Wappinger
Gentlemen:
It has come to my attention that the five year term of Knud
Clausen as a member of the Board of Assessment Review expires
this year on 1 Oct.
I would recommend that he be appointed for an additional
five year term. All the members of the Board have worked well
together and while they have not always agreed with the Assessor
and his assessments, they have been fair with the taxpayer. Knud
has a long time knowledge of the Town and is an asset to the Board
and a credit to the Town.
Very truly yours,
s/ Thomas E. Logan
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Tom Logan, Assessor
Town of Wappinger
Gentlemen:
With reference to the above, the Board of Review learned on
Grievance Day that Tom Logan's term as Assessor expires on
September 30, 1977. Although we feel certain of his reappoint-
ment to a new term, a few comments by those of us who have worked
closely with him might be of some value to the Board.
In our judgement Tom has conducted the operation of the Assessor's
office in a professional manner and has evidenced a sound knowledge
of real property values. He has expended the necessary time to ex-
amine properties where there may have been problems in an effort
to treat the taxpayer fairly. On several occasions the Review Board
did not agree with his findings and when he was wrong he admitted
that he was in error and consequently corrected the inequities.
Considering the economic stress on all homeowners today and the
thousands of properties under Tom's jurisdiction, we have had a
minimum of grievances, which supports our feeling that he has done
an excellent job.
Within the next few years the Town will probably go to 100%
assessments and the use of computers to keep the values up to date.
This would be a particularly inappropriate time for an inexperienced
person to be named Assessor, especially anyone who does not have
a thorough knowledge of the Real Property Tax Law and the equaliza-
tion rate process. He has been extremly successful in obtaining
the best rate for the Town or Wappinger only because of his knowledge
of the law and his ability to actually appraise the properties used
by the State and proved them wrong.
410
In conclusion, we strongly recommend that Tom Logan be reappointed
for another term rather than someone inexperienced who will learn
at the taxpayer's expense.
Respectfully Submitted,
s/ Regis Fields, Chairman, Vincent Brancato, Knud Clausen,
Joseph Ludewig, Sam Manners.
The following Resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
RESOLVED, that Knud Clausen, be, and he hereby is appointed
to fill the vacancy on the Town of Wappinger Board of Assessment
Review which has occurred by reason of the expiration of his term,
and it is further
RESOLVED, that the said Knud Clausen is hereby appointed to
the Town of Wappinger Board of Assessment Review for a term which
shall expire on the'30th day of September 1982.
Seconded by Mr. Versace
Roll Call Vote: 4 Ayes Mr. Clausen ---Abstain
The following Resolution was offered by COUNCILMAN JOHNSON who
moved its adoption:
RESOLVED, that Thomas E. Logan be and he hereby is reappointed
to the position of Sole Assessor of the Town of Wappinger and be
it further
RESOLVED, that the said Thomas E. Logan is hereby appointed
as the Sole Assessor for the Town of Wappinger for a term which
shall expire on the 30th day of September 1983.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following petitions for reduction of speed on Town roads were
received:
The Town Board
Town of Wappinger
New York, 12590
Gentlemen:
On Wednesday, June 8th, 1977 a school bus loaded with children
and an automobile were involved in an accident on New Hackensack
Heights Road. Luckily, it was not a serious accident, but it
could easily have been a disaster.
In the past there have been many close calls on this road which
is narrow in places and has winding turns. Because of the heavy
foliage, these turns are blind turns and extremely dangerous when
drivers do not exercise proper caution, And, unfortunately, this
411
happens too often.
State Trooper Chase, who investigated the accident on Wednesday,
suggested that we would be wise to lower the speed limit to 30 or
35 miles an hour.
We, the undersigned, agree with Trooper Chase and hereby petition
the Board to lower the speed limit on New Hackensack Heights Road,
Town of Wappinger. We feel this limit would be a prudent one,
both for drivers and for the many children who live in the area.
Signed by 44 residents of the area.
July 29, 1977
Town Board
Town of Wappingers
Wappingers Falls, New York
c/o Mrs. Snowden
We the below signed residents of Spook Hill Road respect-
fully request that the speed limit on Spook Hill Road be reduced
due to the excessive rate of speed that exists on this road and
for the safety of the children that reside thereon.
Respectfully submitted,
s/ J. Jastrebski
62 Spook Hill Rd.
and 12 residents of the area
MR. JENSEN moved that a request be made to the New York State
Department of Transportation to permit a 30 mph area speed limit
in the area of Hackensack Heights, bounded by Maloney Road, New
Hackensack Road, Rt. 376, and Smith Crossing Road and including
Hackensack Heights, South Court, Corbin Road, Harbor Hill Road,
and Vandewater Drive; and further request a linear speed limit
for Spook Hill Road of 30 mph.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
10 Orchard Drive
Wappingers Falls, N.Y.
12590
July 17, 1977
Mr. Louis Diehl
Mill Street
Wappingers Falls, N.Y.
Dear Mr. Diehl:
Since the Central Wappingers Water District started supplying
r"
412
water to the Orchard Homes houses, the supply has become very
erratic. I have written many times.
The water went off several times again this past week --
one or two minutes each time ---which tells me your supply and
distribution system is inadequate. The fact that it goes out,
in itself is not the real problem. When the water comes blast-
ing back on, it tears loose all the debris in the pipes. This
in turn has destroyed the toilet shut off's, the water softener
and a number of faucet washers.
The repairs to each take significant time:
Each toilet
Water Softener
Each faucet
0.5 hours
4 hours
0.5 hours
I don't have 5 to 8 hours per week plus parts cost every week
just to repair plumbing because you can't supply sufficient
water.
You will be billed for the softener repairs when they are
completed.
I am asking that you place a moratorium on new connectors
until this problem is corrected. If you don't I will organize
a group to take legal action.
Very truly yours,
s/ C.Richard Deininger
MR. CLAUSEN moved Mr. Deininger's letter be received and placed
on file with a copy forwarded to the Attorney to the Town.
Seconded by Mr. Jensen
Motion Unanimously Carried
Mr. Incoronato, being recognized by the Chair, commented that
with the number of new homes in Wappinger, and the Town being
relegated to using as the sole source underground water, the Board
should commission the U.S. Geological survey people through Cornell
University to do a study of the underground resources of water and
find out exactly what is left in this area. He suggested Mr. Hawksley
Conservation Advisory Council Chairman be asked to investigate the
possibility of a USGS study in the Town of Wappinger.
The following letter was received:
4I3
July 27, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
RE: Orchard Homes Section of
Central Wappinger Water System
Gentlemen:
As we have discussed we are doing all in our power to remedy
the problems at the above section. The new hydrant and the blow-
off are continued to be flushed daily.
Our personnel are observing very little color and particulate
matter during the flushing procedures now. The problem does exist,
and we feel that an extensive engineering study might be required
to obtain data necessary to conclusively pin -point the origin of
theproblem.
As far as we can determine the wells are not overpumping and
therefore this is not the origin of the "air". The storage tank
level has been relatively constant which in our estimation elimin-
ates this as the origin of the pressure fluctuations.
take.
Please advise as to any further actions you wish CAMO to
Very truly yours,
s/ George B. Cacchio, Pres.
Mr. Diehl noted that there had been a major break in the lines
recently, and apparently this line had been leaking for some time.
It has-been :repaired, and there may be some difference in the supply
now.
MR. JENSEN moved that Camo's letter concerning the Orchard Homes
section of CWW system be received and placed on file.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following report was received:
July 8, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Gentlemen:
In regard to the odor complaints at the Oakwood Knolls
414
Sewage Treatment Plant we feel that they are directly related to
the handling of the primary sludge at the facility. We believe
you are aware that primary sludge is anaerobic and has an odor
which is offensive to some. We are doing all in our power to
minimize the odor complaints' inevitable with the inherent proxi-
mity of the homes to the plant.
The cost of utilizing the Puritan deodorant which we have
experimented with would be:
2 ea - 55 gal drums of "Envoy" approximately
6 ea - spray generators (portable type which
can be used if needed at other sites)
(plus shipping)
$800.00
900.00
The cost of extending the diffusers in the sludge holding
tanks at Rockingham and Oakwood would be:
Rockingham Sewage Treatment Plant (incl mat'l)
Oakwood Sewage Treatment Plant (incl mat'l)
$550.00
450.00
Please advise as to further action on our part regarding
these matters.
Very truly yours,
s/ George B. Cacchio, Pres.
Camo Pollution Control
MR. CLAUSEN moved that Camo's report on the odor complaints at
Oakwood Knolls Sewage Treatment Plant be received and placed on
file.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
July 14, 1977
Mrs. Elaine Snowden, Town Clerk
Mill Street
Wappingers. Falls, New York
Attention: Town Board
Dear Mrs. Snowden:
At the suggestion of Mr. Clausen, we are forwarding to you our
calculations concerning the proposed rebates of downstream drainage
charges.
The new construction on our property consisted of two additions
to the existing building. The banquet room addition was 38'x 44',
and the new office was 9' x 27'. These total newly constructed
roof areas on our site of 1,915 square feet.
We have calculated that this would give us a fee of $487.25; $200.00
for the addition fee and $287.25 for 1, 915 sq. ft. at $.15 per sq.
ft.
415
Our calculations
and according to
will be refunded
interest added.
were done with the figures that were adopted
our'dalculations, this is the amount we assume
to us. We also assume that this will be with
Very truly yours,
s/ Stanley Cole, Pres.
Mr. Johnson referenced past meetings where the Board had allowed
for a downstream drainage fee of 154= per sq. foot, and he realizes
that at that time the Board said that would come up with some
additional information that would allow them to calculate special
considerations and very large areas that might need special con-
sideration. The one thing that wasn't done at that time was to
allow for the rebate of the funds that wereput into the downstream
drainage, he therefore would move that rebates be given per our
formula of 15 per sq. ft. (Mr. Clausen seconded the motion, but
the motion and second were subsequently rescinded.
The following letter was read in relation to this matter.
August 8, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Site Plan - Downstream Drainage
Dear Board Members:
Since no direction has been given to my office on the redistri-
bution of monies to site plans and the question has come up as
to the definition of imperviousness; I would like to put forth
to the Board the following criteria in order that my officecan
determine whether or not an area is affecting the downstream drain-
age.
The dictionary's definition of impervious is - not allowing entrance
or passage - impenetrable - they give the example of a coat to rain.
Soil books indicate that clay and other fine grain soils have a
very low coefficient of permeability and are said to be relatively
impervious or impervious soils. For the purpose of determining,
whether the area used will seriously affect the downstream drainage,
I recommend that the "C" Factor in all run-off drainage calculations
which is equal to the amount of run-off divided by the total rainfall,
be equal to or greater than .70. To put it in layman's terms, if
10 inches of rain would fall on this area or pavement, 7 inches would
run off or enter the storm drainage system.
With this definition as the basis, we can then proceed to decide
the area covered by downstream drainage. We await your response
to this definition and further direction on how to proceed.
Thank you very much.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Lapar added that they could then go to various text books and
k,, pinpoint absorbtion factors of various materials.
Mr. Johnson believed Mr. Lapar had brought up a very good point
as far as the parking lot and that area of the total site plan
is concerned and he believed this is the area that the Board has
still left uncovered, and will redo our resolution on the parking
lots, but what he believes the Board is attempting to do here if
for those who have constructed buildings and they paid a fee based
on their total acreage from the past, which we deemed to be in-
equitable, at this point, we would like to refund them the excess
money. Mr. Lapar took exception to Mr. Johnson's statement, put-
ting forth the fact that there were questions about paved and un-
paved area, what is runoff, and what will affect downstream drainage,
and offered Party Time Caterers as an example, and if you don't
define runoff and absorbtion, it becomes very difficult to make
a decision. He strongly recommended the Board accept the definition
first, what is impervious and what isn't. Mr. Jensen concluded that
the hang-up seemed to be the word impervious and what the Board
might want to do is neck it down to what we mean by impervious, and
rather than use the word impervious, use concrete or blacktop,
anything else would not be deemed "impervious", in other words,
forget that word altogether, use material such as "concrete' _
"blacktop", maybe "macadam", these then would be considered for
the full downstream drainage fee.
MR. JOHNSON moved that blacktop, macadam, concrete and oil and
chip be considered for the full 15 per sq. ft. and any other
material that would be covering a parking area use of the calcu-
lated runoff figure, as stated in Mr. Lapar's letter of recommendation,
L
4 6
0417
August 8, 1977 (re: Site Plan -Downstream Drainage) as the basis
of the percentage of the figure.
(No second to this motion)
Mr. Clausen believed that first Mr. Lapar's recommendation should
be accepted and direct Mr. Lapar to calculate the monies due to
the site plans, and secondly move to rebate any money that is
due those site plans in relation to the formula. Mr. Johnson
believed it was done in this motion, but would reword it.
MR. JOHNSON moved that the Town Board accept Mr. Lapar's definition
for impervious materials and include that as part of our down-
stream drainage formula.
Seconded by Mr. Clausen
Motion Unanimously Carried
MR. JOHNSON moved that the rebates be given to those people based
on this formula that we have just adopted and our previous formu-
la adopted as of July 11, 1977 meeting.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
July 15, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Gentlemen:
The Zoning Board of Appeals recently had before them a
request for an interpretation with regard to the lot size require-
ment for the keeping of horses in a residential zone without stable
or shelter.
Following a discussion of the vagueness of the Zoning Ordin-
ance on this matter, the Zoning Board of Appeals interpreted that
a horse is not to be considered a household pet and further, a
horse or horses on a residential property constitutes a stable
use and are subject to the acreage requirements of such a use.
In light of the increasing popularity of horses and in view
of the fact that a stable use requires a minimum of ten acres,
the Zoning Board of Appeals would like to suggest that an amend-
ment to the Zoning Ordinance be made to set reasonable requirements
on maintaining horses in residential areas.
418
With the present interpretation, the Zoning Board of Appeals
is aware that there may be many request for variances to allow
horses on less than ten acres, howmver, they feel that an amend-
ment to the Zoning Ordinance is necessary to address and clarify
this issue for everyone.
Thank you for your consideration and cooperation.
Very truly yours,
s/ Betty -Ann Russ, Secr.
MR. CLAUSEN moved to receive the Zoning Board's letter and place
it on file for further consideration.
Seconded by Mr. Jensen
Motion Unanimously Carried
A Notice of Hearing was received from the Town of Wappinger
Zoning Board of Appeals, Appeal #357, at the request of Bruce
Stotz, who is seeking a variance of Section 423 "HB -1" to permit
an additional principal permitted use on his property located
on Old Route 9, adjacent to the Town of Wappinger Highway Depart-
ment. Said Hearing will beheld August 9, 1977 at 8:00 P.M. Town
Hall.
MR. JENSEN moved to receive the Notice of Hearing from the Zoning
Board of Appeals and place it on file.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received, along with a response from
the Attorney to the Town.
kime Memo To: Town Board
From: Town of Wappinger Planning Board
IP Date: July 2dth, 1977
Subject: Chelsea Ridge, Section 5 - Downstream Drainage Fee
At the July 18th, 1977 meeting, the Planning Board ac4reed
to waive the requirement of the $26,479.50 downstream drainage
fee in view of a letter from Mr. James Spratt, Commissioner of
the Dutchess Co. Dept. of Public Works and an estimate from
K&A Excavating Contractors, Inc. regarding cost of the required
improvements. (Copies of the above-mentioned letters are attached).
The Planning Board would like to take this opportunity to
suggest that your Board seek legal advice on the possibility of
tr419
obtaining some type of reimbursement from the County as the
downstream drainage fee was waived in view of the costs of
improvements to the culvert on a County road.
We would appreciate being advised as to any action your
Board may take regarding this matter.
Thank you for your consiaeration.
July 26, 1977
Town Board
Town Hall
Mill Street
Wappingers Falls, New York
Re: Communication of Planning Board dated
July 20, 1977 - Chelsea Ridge
Gentlemen:
I know of no basisifor which recovery could be made against
the County of Dutchess regarding the improvements made to its
culvert.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Allan E. Rappleyea
Mr. Jensen was not particularly pleased with what he had read
and personally he doesn't feel he would care to repair the County
pipes and what have you, he feels this is kind of a give -a -way to
the County, and he doesn't particularly care for the recommendation.
It was felt further information should be requested of the Planning
Board.
MR. JENSEN moved to request from the Planning Board, or possibly
the Chairman, on why they are taking that position rather than
what they have done and recommended.
Seconded by Mr. Johnson
The following letter was received:
Memo To:
From:
Date:
Subject:
Motion Unanimously Carried
Town Board
Town of Wappinger Planning Board
August 3rd, 1977
Cranberry Hills - Widmer Road
Cranberry Hills is approaching the final approval point.
420
The approval and subsequent building of this development would
increase the volume of traffic on Widmer Road considerably.
It is suggested that the Town Boardinitiate action to
improve Widmer Road to handle the increased traffic. Particular
attention should be given to the area around the Villa Borghese.
The time frame that would be necessary for the improvements, in
our opinion is three to four years after final approval is
granted.
The Planning Board strongly feels that the improvements in
the area of the Villa Borghese would have been necessary even if
the access road to the development was not there.
We would appreciate being advised of any action your Board
may take on this matter.
Thank you for your consideration.
MR. JOHNSON moved the letter from the Planning Board regarding
Cranberry Hills -Widmer Road, be received and placed on file.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Hawksley, Chairman of the Conservation Advisory Council had
recommended an individual for appointment as a member of the
Council at the July meeting and the matter was now placed
before theBoard for consideration.
MR. VERSACE moved that Mr. George Wolstenholme be appointed as
a member of the Town of Wappinger Conservation Advisory Council,
with a term expiring July 1, 1979.
Seconded by Mr. Clausen
Motion Unanimously Carried
Mr. Hawksley also forwarded the name of Frank Newman as a
recommendation of the Conservation Advisory Council for appoint-
ment to their Council.
MR. JENSEN moved that Frank Newman be appointed as a member of
the Town of Wappinger Conservation Advisory Council, with a term
expiring July 1, 1979.
Seconded by Mr. Versace Motion Unanimously Carried
421
The following letter was received:
13 July 1977
Town Board
c/o Town Clerk
Mill Street
Wappingers Falls, N.Y.
Gentlemen,
I have recently learned that the Local Assistance Program
for Conservation Councils will be a continuing program. The
application for state fiscal year 78-79 must be submitted
in early August.
I have, therefore, prepared a tentative budget proposal for
your consideration and approval at the Town Board meeting
on August 8, 1977. Also attached for your reference is a
copy of the approved 77-78 budget.
I would be glad to answer any questions you might have
regarding this request in order to eliminate any delays in
getting our application processed on time.
Sincerely,
s/ Edward S. Hawksley
Chairman
MR. DIEHL moved that the Town Board accept, as the tentative
recommended budget by the Chairman of the Town of Wappinger
Conservation Advisory Council.
Seconded by Mr. Clausen
Motion Unanimously Carried
Mr. Jensen was somewhat disturbed over some letters that have
recently been sent from the owners of Chelsea Ridge to the
Planning Board (copies also received by the Town Board). No
response on these have been received by the Town Board from
the Planning Board. Mr. Rosenberg had indicated that he feels
the Council, through Mr. Hawksley, or others perhaps, are pos-
sibly usurping the authority of the Planning Board. It was a
very strongly written letter and there has been no response to
it from either the Council or Planning Board. Mr. Jensen is
concerned as towhether the Council really understands what their
job is, which, as he understands it, is advisory capacity to the
Planning Board and Town Board, and when we have residents and
others in the Town who are getting somewhat concerned that
possibly this Council is starting to become a power to its own,
he becomes very concerned. He feels before the Board does much
more budgeting, allocating funds to the Council he suggests the
Board have a meeting with members of the Council and the Chairman
of the Planning Board to straighten this matter out.
Mr. Jensen recommended that a meeting of the Conservation Advis-
ory Council, Planning Board Chairman and the Town Board be held
on Tuesday, August 16th, 1977 at 7:30 P.M. at the Town Hall,
which was agreeable to all present.
The following request was received:
July 29, 1977
Town of Wappinger Town Board
c/o Town Clerk
Mill St.
Wappingers Falls, N.Y.
Gentlemen:
On September 30 and Oct. 1, 1977 the annual conference
of the New York State Association of Conservation Councils will
be held in Albany.
I hereby request authorization for four (4) members of
the council to attend.
Sincerely,
s/ Edward S. Hawksley
Chairman
MR. DIEHL moved that, subject to funds available and their
legitimate expenses not to exceed $100, permission be granted
for one or two members of the Town of Wappinger Conservation
Advisory Council to attend the annual New York State Associa-
tion of Conservation Councils in Albany.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
422
13 July 1977
Town Board
c/o Town Clerk
Mill Street
Wappingers Falls, N.Y.
Gentlemen,
Regarding the hiring of Mrs. English as our secretary, her
rate is $3.00 per hour, based upon her experience. I don't
anticipate that she would work more that 6-8 hours per month.
Sincerely,
s/ Edward S. Hawksley
Cha irman
MR. JOHNSON moved to receive Mr. Hawksley's letter and place
it on file.
Seconded by Mr. Clausen
Motion Unanimously Carried
MR. VERSACE moved that Mrs. Lois English, as Secretary to the
Conservation Advisory Council, be paid at the rate of $3.00
an hour.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following letter was received:
July 28, 1977
Louis D. Diehl, Supervisor
Town of Wappinger
Mill Street
Wappingers Falls, New York
Dear Mr. Diehl:
This office represents Mr. and Mrs. Robert Geller who own
premises known as 22 Tor Road in your Township. Their problem
centers around the erection of a home on the adjoining lot now
owned by Mr. and Mrs. James Anderson and which home was con-
structed by Lou-Sev Builders, Inc.
It appears that the Anderson lot was at a level coincident
with that of theGeller premises prior to the construction activity.
In the course of the latter however, it was determined that the
grade of that lot had to be raised thereby creating a drainage
problem on the Geller property which theretofore had not existed.
As it develops, the grade was raised several feet in the rear and
in order to catch surface waters created by the new grade, a
catch pool was constructed in the rear of the Anderson house.
This pool is just that being four to five feet deep and as such,
does contain water which once there stagnates. This has created
not only a mosquito hazard which had not existed but also permits
424
slow seepage of that water into the Geller property with the
result that the rear 25% of the Geller lot is constantly wet
and marshy. This problem is further aggravated by the gener-
ally raised grade on the Anderson premises throwing running
surface waters onto those of the Gellers.
During the construction procedures which occurred early
in the Fall. of 1976, Mr. Geller was in touch with the Building
Inspector and subsequently with the Town Engineer. Be was
assured that the matter would be properly adjusted so that his
property would not be adversely affected by the construction of
the new home and the resultant grading. This has not been the
case however and now the Gellers are faced with a situation which
did not exist when they took title to the property and in re-
trospect should not have happened because it is not functioning
puoperly.
It appears that the Town has some responsibility in this
regard in view of the fact that the plans and specifications
along with the grading plan were approved by the Building
Inspector and the Town Engineer. My clients have been told,
however that the Town cannot pursue this matter further in view
of the fact that it would require an actual topographical survey
and the Town cannot stand that expense. It occurs to me however
that given the responsibility of approval or disapproval on the
part of the Town which the Town has exercised, there must exist
the duty of correction if that plan in fact results in harm to
adjoining owners. This is exactly the circumstances we now have
and my clients look to the Town for redress.
I trust you will consider this matter at the next regular
Town Board Meeting and hopefully resolve toward favorable
corrective measures.
Very truly yours,
Van De Water & Van De Water
s/ John A. Wolf
MR. JENSEN moved that Mr. Wolf's letter be received and placed
on file and a copy forwarded to the Attorney to the Town.
Seconded by Mr. Clausen
Motion Unanimously Carried
An application for a Salvage Dealer's License was received from
Mid -Hudson Auto Wreckers, Inc., by Priscilla Shapiro, President
for a 1977 license.
Mr. Diehl commented that what concerns him regarding this license
application is the fact that he continually gets references from
the Building Inspector and County Health Department that there
,425
are apparent violations there. He doesn't know how the Board
can even think of entertaining issuing a license, and he doesn't
even know why he should be allowed to still operate.
MR. DIEHL moved that the application for a Salvage Dealers
License by Mid -Hudson Auto Wreckers, Inc. be referred to the
office of the Attorney to the Town and for them to consult and
discuss with the Building Inspector and the Dutchess County
Health Department, to the current status and activities to
ascertain whether or not there are any violations of the local
law adopted by the Town Board, and to ascertain what action the
Town Board should take.
Seconded by Mr. Clausen
Motion Unanimously Carried
Mr. Clausen added that, assuming the Building Inspector is up
to date on this matter, a memo be sent to him asking him to
again survey the residents of the area to see what new informa-
tion they may have at the present time.
The following report was received:
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
July 11, 1977
Re: Water Loss Survey
Dear Board Members:
We enclose herewith a copy of the Pitometer Associates Survey.
We strongly recommend that this survey be made for many obvious
reasons and that any leaks found, be repaired as soon as possible.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
Mr. Jensen suggested that it would be appropriate, before going
to the Pitometer Associates, to get some new figures from both
the operators and the Supervisor's Office on meter readings,
master meters as well as local meters, to see it the flows have
diminished appreciably.
426
MR. JENSEN moved that the Supervisor send a letter to Camo
Pollution and a joint letter to the Sewer and Water Department
for meter readings, both master meters and the house meters,
for an emergency extra reading, so the figures may be compiled
once again.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following report was received:
July 25, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Rockingham Farms Water System
Water Control Protection Fence
Maxwell Place & Rockingham Farms
Water Tower
Dear Board Members:
We are in receipt of two bids for the construction of said
fence and gate to protect the water control facilities in
the Rockingham Farms System.
We recommend the low bidder, A-1 Fence, Inc., whose low bid
of $736.00, should be awarded the contract.
We have enclosed the various bids for your perusal. Bids
were obtained in:
1. All Aluminum
2. Aluminum with galvanized posts
3. All galvanized
We feel that the aluminum with the galvanized posts is to the
best interest of the Town at this time.
We further recommend that this work be done immediately and
that the Town give authorization post-haste.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JENSEN moved to award the bid for the construction of a
water control protection fence to A-1 Fence Inc. @ $736.00 as
low bidder.
Seconded by Mr. Clausen Motion Unanimously Carried
42
The following report was received:
July 28, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Oakwood Knolls S.T.P.
Contract #1A - Retainage
Dear Board Members:
Please be advised that the one year performance period has
elapsed and that all conditions pertaining to the operation
of the bio disc have been met.
With this in mind, I recommend that final payment be made to
Hall & Company, Inc.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. JOHNSON moved to accept the recommendation of the Engineer
to the Town and authorize final payment to Hall and Co. Inc.,
of the 1 year retainage for Contract #lA.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following report was received:
July 29, 1977
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Angel Brook Estates
(Truett Easement)
Dear Board Members:
Enclosed please find a copy of Dave Alexander's Bid for the
above mentioned project.
Since there was only one bid and contract has gone to bid
twice, I suggest the contract be awarded to Dave Alexander, Inc.
Thank you,
Very truly yours,
s/ Rudolph E. Lapar, P.E.
The bid proposed from Dave Alexander was $14,000.
42
Mr. Diehl noted that before the Board acted on this proposal,
there was a drainage problem on Martin Drive, and Mr. Lapar
added proposals were going to be sought for 2 or 3 by the end
of August, i.e., Wildwood and Kent Road drainage and one other.
Mr. Johnson inquired if there would not be an advantage if they
were bid together. Mr. Lapar indicated he was, with the exception
of Mid -Point Park (Martin Drive) for which the Attorney to the
Town had forwarded several options on, and it was now up to the
Board to ascertain which of these options was best. Mr. Diehl
also mentioned the culvert work the County was contemplating on
Middlebush Road, if the Town would guarantee to do the drainage,
his question, too, was shouldn't all of these be combined. Mr.
Horton contended the Middlebush Road project should allbe the
County's problem. There were some old drainage problems that
were rehashed in this discussion, and Mr. Clausen concluded that,
although those that had been mentioned would, at some future time,
have to be resolved, he didn't see any need to hold up work for
the Truett drainage problem.
MR. CLAUSEN moved that Dave Alexander, Inc. be awarded the bid
for $14,000 for the Angel Brook Estates drainage project, and
further, that the money come from the Downstream Drainage Account
if there is money available, and the balance from Federal Revenue
Sharing, or totally from Federal .Revenue Sharing if other funds
are insufficient, and also, authorize the Attorney to the Town
to write up an agreement for easements and a hold harmless clause
for any possible claim of responsibility of damages in the future.
Seconded by Mr. Versace
Motion Unanimously Carried
Mr. Jensen questioned whether this was the latest proposal
(referencing Truett) that allows a relief in the lines by an
opening which Mr. Truett has agreed to, to which Mr. Lapar
answered affirmatively. He then mentioned a contribution (by
Truett of $2,000).
420
The Town Clerk informed the Board that she had been served on
August 2, 1977 with a Notice and Patition for a Certiorare
Proceeding to review the assessment of the City of Newyork
(Chelsea Pumping Station).
MR. JENSEN moved that the Attorney who handled this matter of
the City of New York last year (Allan Rappleyea, Attorney)
be appointed to answer and defend this Tax review on behalf
of the Town of Wappinger.
Seconded by Mr. Clausen
Motion Unanimously Carried
A petition for rezoning a parcel of land on Route 9 (south of
Pier 9 Restaurant) was received from John Pray of Pray Nursery,
New Hackensack Road.
MR. JOHNSON moved to receive and place on file the rezoning petition
from John Pray and table it to the September meeting in order to
allow the Board to further review the request and maps.
Seconded by Mr. Clausen
Motion Unanimously Carried
Mr. Johnson broughtup for discussion the matter of Martin
Drive drainage problem which had been briefly mentioned earlier
in the evening, and since the Tompkins were present, he requested
the matter be discussed at this point rather than later under
unfinished business. Mr. Johnson, for the benefit of the
Tompkins reiterated that the Board had proceeded to the point
of laying out two proposals - two options for proceeding as to
which way to make the drainage. The matter was referred to the
Attorney in July for some advice on some legal ramifications on
these two possible easement routes. Mr. Adams was not familiar
with the current status of the proposed project.
Mr. Tompkins asked if the Town was really going to do something
ng
this year, and the Board indicated that this was their intent
if at all possible. There was some discussion about obtaining
easements. Mr. Johnson and Mr. Clausen agreed they would
personally contact these residents to see if they can get the
necessary easements voluntarily.
Mr. Incoronato, being recognized by the Chair, asked if this
matter was eventually ascertained not a Town matter and the
Town undertook the project, were there mechanics for reimburse-
ment to the taxpayers.
. Diehl indicated this was a matter
that was presently being investigated, and the project would
not be undertaken if it was found to be a civil matter between
property owners.
A letter was received from Margaret J. Atkins who requested
a street light be installed on Old Troy Road, Hughsonville,
(far north side of Old Troy Road).
MR. CLAUSEN moved to authorize Central Hudson to install a
street light at the northerly end of Old Troy Road in the
vicinity of the Atkins residence in the Hughsonville Lighting
District, and also to authorize the Supervisor to sign the Order.
Seconded by Mr. Versace
Motion Unanimously Carried
A report was received from Mr. Lapar regarding possible alterna-
tive for O&M rates for Ketcham High School.
MR. CLAUSEN moved Mr. Lapar's report be received and placed on
file for further review and discussion by the Board at a work-
shop meeting on August 16th.
A report was received from Mr. Ryan regarding district financing
and reconsideration of tri -payment tax bills and/or water and
sewer district being separated from the State, County and Town
tax bills. Mr. Diehl directed that this report also be held
for discussion by the Board on the 16th of August.
Under Committee Reports,
the EPA is reviewing the
Mr. Jensen informed the Board that
Tri -Municipal 1st modular plant size,
43o.
431
which is roughly 3 million gallons, and he expects some response
back from them within a month as to whether it is acceptable or
not.
Mr. Diehl brought up the following memo:
To: Wilmer M. Ifill, Director, Real Property
Tax Service
From: John M. Cassel, Dutchess County Attorney's Office
Re: Newly enacted amendment to Section 467 of the Real
Property Tax Law
Date: August 4, 1977
At your request we have reviewed the newly enacted
statute and our interpretation of Paragraph (2) of Subdivision
3 of such Section is that a local municipality must enact a
local law to grant such exemption, not later than July 1, 1977,
in order for the exemption to be effective for the 1977 tax
assessment roll.
MR. DIEHL moved this memo be referred to the Attorney to the
Town for immediate study and recommendation to the Town of
Wappinger Assessor.
Seconded by Mr. Jensen
Motion Unanimously Carried
The following opinion was received from the Attorney to the
Town:
July 14, 1977
Town of Wappinger
Town Ha l l
Mill Street
Wappingers Falls, New York
Attention: Hon. Louis D. Diehl
Re: Penalties on Water and Sewer Bill
Dear Mr. Diehl:
It is absolutely mandatory that penalties be collected
by the Town with respect to water and sewer rents. The Town
has no alternative in this regard.
In the event such bills are not paid, they should be
added to the regular tax bill the following year.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Allan E. Rappleyea
:432
MR. CLAUSEN moved to accept Mr. Rappleyea's opinion, place it
on file, and inform the necessary parties that no action can
be taken.
Seconded by Mr. Versace
Motion Unanimously Carried
The following reports were received:
July 14, 1977
Town Board
Town Hall,
Wappingers
Members
Mill Street
Falls, New York
Re: Report on Mid -Hudson Auto Wreckers
Dear Board Members:
I have been in contact this week with the Dutchess County
Health Department concerning violations at the above site.
The information given to me is listed as follows:
1. The hearing scheduled for July 6, 1977 was adjourned.
2. The Health Department directed the attorneys involved
to review the alleged violations and submit the
appropriate recommendations.
3. After receiving correspondence from the attorneys,
a time table would be established for correction of
the violations according to the Dutchess County
Sanitary Code.
In conclusion, I was informed that the Health Department
may or may not require removal of the debris from the property.
Apparently, some of the offenders in cases of this type are
permitted to bury the debris.
Yours truly,
s/ Robert G. Ruit
Building Inspector &
Zoning Administrator
August 2, 1977
Town Board Members
Town Hall, Mill Street
Wappingers Falls, New York
Re: Mid -Hudson Auto Wreckers Inc.
Dear Board Members:
On July 21, 1977, Mr. Chain of Stoneykill Road, personally
took photographs of dumping activity at the site of Mid -Hudson
Auto Wreckers. Mr. Chain also followed the truck involved and
found that the debris was being trucked in from a construction
project in Beacon, N.Y.
The developed photographs are available in my office for
any Town Board member who would like to see them.
Yours truly,
s/ Robert G. Ruit
Building Inspector &
Zoning Administrator
MR. JOHNSON moved to receive these two reports, place them
on file, and forward copies to the Attorney to the Town.
Seconded by Mr. Clausen
Motion Unanimously Carried
The following report was received:
August 2, 1977
Town Board Members
Town Hall, Mill Street
Wappingers Falls, New York
Re: XYA Building, Myers Corners Road
Dear Board Members:
On May 19, 1977, Mr. Zeisel of XYZ Enterprises was
advised that the above building was found to be unsound and
unsafe in accordance with Section 20 of the Ordinance For
Administering and Enforcing the State Building Construction
Code.
After making several site inspections at regular intervals,
I have found additional deterioration in the structural capacity
of the concrete block walls.
A copy of my latest attempt to resolve this matter is
enclosed with this letter. Since there has not been any progress
whatsoever, I am recommending that the Town Board institute an
appropriate action to compel compliance with the Ordinance.
Yours truly,
s/ Robert G. Ruit
Building Inspector &
Zoning Administrator
Mr. Johnson suggested that since the Town has a law on the books
preventing the burying construction materials, maybe an opinion
from the Attorney to the Town as to whether blocks and bricks
are considered building material would be in order.
MR. DIEHL moved that, the Attorney be asked to give the Town
Board an immediate answer on his opinion on brick and block
specifically.
Seconded by Mr. Clausen
Motion Unanimously Carried
The matter of purchasing a copy machine for Justice Court
was again placed before the Board for their consideration.
MR. CLAUSEN moved to authorize the Comptroller to purchase
the copy machine now being rented by the Town for the Justice
Court use.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following tabled matter was placed before the Board:
June 24, 1977
Town Board
Town of Wappinger
Wappingers Falls, New York
Gentlemen:
You may be aware that Governor Carey recently signed
into law legislation amending the State Environmental Quality
Review Act which we implemented by the adoption of local law
no. 2 of 1977.
In view of this development, I contacted the New Paltz
office of the Department of Environmental Conservation to
ascertain what impact such legislation has on our local law.
I was advised that by reason of this law, local municipalities
may not impose upon applicants for entitlement actions the
requirement that they submit environmental impact statements
unless the proposed activity is a type 1 activity as defined
by The Department's regulations.
We will be reviewing our local law to ascertain what
changes, if any, should be made to conform with this recent
legislation.
Very truly yours,
Corbally, Gartland & Rappleyea
s/ Jon Holden Adams
435
Mr. Adams advised the Board that it was still necessary to
adopt some guidelines, and the Town has to set their own
mechanics to implement SEQR on the local level. It was
decided to hold this matter for discussion on the 16th of
August and some possible resolution of the matter.
The matter of the application for the renewal of the CATV
franchise was again placed before the Board.
Mr. Adams indicated that the recommendations and requests of
the Town Board had been forwarded to the U.S. Cablevision Corp.
and they are awaiting a response from them.
Mr. Diehl directed this matter be tabled to the next meeting.
Mr. Clausen requested Mr. Diehl to write a letter to the CATV
Corp. asking for their immediate response to the correspondence
from the Attorney to the Town. Mr. Jensen questioned whether or
not the rate increase requested by U.S. Cablevision had been
granted, and Mr. Diehl indicated it had been granted.
Notification was received from the New York State Department
of Transportation informing the Board that the request for a
speed limit on Losee Road had been approved for a 40mph between
Old Hopewell Road and Myers Corners Road.
MR. CLAUSEN moved that the Highway Superintendent be instructed
to install the necessary speed limit signs on Losee Road per
the Notice of Order from the New York State Department of Trans-
portation.
Seconded by Mr. Jensen
Motion Unanimously Carried
Telephone calls had been received by both the Supervisor and
the Town Clerk from Mrs. Jeanette Wojciekosky, 21 Split Tree
Drive regarding a letter she had written May 25, 1977 concerning
damages she had suffered by hitting a tree stump backing out of
the parking lot at Martz Field. Mr. Diehl had suggested she
call the Town Clerk to ask the Town Board if there was some-
thing they could do to expedite some action on her claim.
MR. CLAUSEN moved that contact be made with the Insurance Agent
requesting some information regarding Mrs. Wojciekosky's claim.
Seconded by Mr. Johnson
Motion Unanimously Carried
Mr. Lapar indicated that he had received correspondence from
the EDA which was a revision of the budget for the projects and
basically, all it needed was a signature of acceptance, and all
Mr. Lapar wanted to know was who should be the authorized person
to sign it.
MR. VERSACE moved that the Supervisor be authorized to sign the
revision forms submitted by the EDA.
Seconded by Mr. Clausen
Motion Unanimously Carried
There being no other business to come before the Board,
Supervisor Diehl entertained a motion to adjourn.
MR. JOHNSON moved that the meeting be adjourned, seconded by
Mr. Clausen and unanimously carried.
The Meeting adjourned at 9:55 P.M.
(712
H. Snowden
Town Clerk
Reg. Mtg. 8/8/77
436
TOWN BOARD
TOWN OF WAPPINGER
SEPTEMBER 12, 1977
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. REPORTS OF OFFICERS
li Town Justices 'Bldg & Zoning Receiver of Taxes
Annual report of T. Justice Francese
Resignation of Wm. Egan to Supervisor
i 4. RESOLUTIONS
a. Turco Rezoning
b. Noise Ordinance
H 5. PETITIONS & COMMUNICATIONS
tT
a. 2 Peddlers License Applications - Foster & Yardumian
b. Appointment of Dog Enumerator/s
c. Request from T/J Francese to attend Magistrates Conference
at Nevele, Sept. 18-21
d. John Pray Rezoning Petition
e. American Heart Asscn - Bik-A-Thon, Oct. 2nd _
f. Gordon Arent request for traffic warning markings, Brothers Rd.
g. Joan K. Paru reqest to remedy traffic sign on Widmer Rd.
h. Resignation of Pauline Boyle (D) Election Inspector. -
i. Wm. Horton, H. Supt. re: Traffic Control Devices- Myers Corners
and Old Hopewell Rd.
j. Wm Horton, H. Supt. re Highway Specs
k. H. Mangold re; Lease for CATV Antenna site
1. Howard Ericheson, U.S. Cablevision, request authorization to
provide different channel carriage in area of Rte 82 and All
Angels. Hill Rd.
m. Howard Ericheson re: rebuilding cable system & request T/Bd .
help by requesting of Telephone Co. additional manpower for project.
n. A. E. Rappleyea, information on Senate Bill
o. Service upon T/Clerk of Tax Reviews: KORD Company, Eleanor
Marshall, Dime Savings Bank, Brack Construction, Benderson,
Leemilts Petroleum, (2) Land Properties Co., & Imperial Shopping
Plaza
p. Town Board meeting for October 10th- Holiday (Columbus day observan
i;
!1
6. REPORTS OF COMMITTEES
7. UNFINISHED BUSINESS
a. CATV Franchise with memos from A. E. Rappleyea
b. Planning Board re: Chelsea Ridge Section 5, Down Stream Drainage
Fee.
c. Planning Board re: Recalculation of Down Stream Drainage Fees
d. E. Hawdsley re: decision of Town Board authorizing only 2 members
of Cons. Adv. Council to attend meeting
e. E. Hawdsley re: Local Law #2-77 S.E.Q.R.
8. NEW BUSINESS
9. ADJOURNMENT
A Public Hearing was held by the Town Board of the Town of Wappinger
on Monday, August 8, 1977 at 7:30 P.M. at Town Hall, Mill Street,
Village of Wappingers Falls, New York, on a proposed Local Law to
Limit Parking and Standing of Vehicles on Certain Streets in the
Town of Wappinger.
Supervisor Diehl opened the hearing at 7:40 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 Adams, (Attorney from -Allan Rapplea'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. All newspapers and radio stations had been notified
of this hearing.
Supervisor Diehl asked if there was anyone present who wished to
speak for or against this Local Law.
No one spoke.
The Hearing closed at 7:42 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
POSTING
A PROPOSED LOCAL LAW TO LIMIT
PARKING AND STANDING OF VEHICLES
ON CERTAIN STREETS IN THE
TOWN OF WAPPINGER
STATE OF NEW YORK
COUNTY OF DUTCHESS
says:
1
) 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 July 27th, 1977, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law to Limit Parking and Standing of
Vehicles on Certain Streets 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
day f, fi1/%� 1977.
lear- 4
Notary Public
Elaine H. Snowden
Town Clerk
Town of Wappinger
DONALD G. BUCK
Notary Pubbc of New Y0'51 Stun
t e dN'u
Duichts•COton
COmlagrea coins NsreN 39, seri"
400
DISPLAY ADVE
--7-7kila Aiwa
LL NOTICE IS HERESY GIVEN that
FMere had tarso duly presorted to and
Iintroduced Want the Town Board of the
Town of Wappinger. Outoiess County.
New York on July 14 1977, a proposed
Local Law to Limit Parkes 9 and Stan
Ong CO Voniclleps anCertainSmell in ma
Town ef NOTKE IS FURTHER OR/Eft b,aa
/!�dtr Taal Son* of the Tonin of Warw.
The .i ill co t a public hear ig
Town Mali. proposed Local Law
Strgt. , V ilieee,
•
W. and S. D.
NEWS
T
SING
.yw
CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
Wappiraiers New {Fal Ith daynrices
of 7:30 P.M. on such da, at which tim,977,
• all parties Interested will be heart
Elaina,TH .SnoC�den •
•
AFFIDAVIT OP PUBLICATION
State of New Yak.
County of Dutchess.
Town of Wappinger.
Beatrice Oaten
401
of the
Town of Wappinger. Dutcheu County. New Yak.
being duly swan. says that he is. rend It the several
dines hereinafter was. the.G I7: a:i:?.'3okt9b if
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wappinger.
-Dutcbess County. New York, and that the annexed
NOTICE was duly published to the said newspaper for
....QRA .. week succeutvely... R>?QP.. in each week.
commencing on the... V C0.. day of 41.11.V
197.1 and on the following dates thereafter, namely on
and ending on the 27 tb. day of... s1.41 Y
19M both days inclusive.
Subscribed and sworn to before me
this Uth . day of..... • .. July........t9.27
t
My commiulon expires
Notary Public
ALBERT Li. OSTEN
NOTARY FGSL_;G, STRTE CF r:EW YORK
QJALiFiU i4 oUi:.• ""3 I.OUNTY
#14-8240760
COMMISSION EXPIRES MARCH 30. 10