Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
1977-06-13 RGM
AGENDA TO:dN BOARD TOWN OF WAPPINGER JUNE 13, 1977 1. SUPEF.VISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Reg. March 28, 1977 4. REPORTS OF OFFICERS Town Justices Bldg. & Zoning Rec. of Taxes M. Ryan, Comptroller on cas in various funds, etc. 5. RESOLUTIONS 1. Introduce LL amending LL#2-SEQR, Sect. 20 of Article 2 2. Transfer for Insurance Adjustment .3. D. Shrove re:. additional funds for_Joint Landfill Project 4, LJ7ie111 re: Granting Taps where not available 6.. .PETITIONS & COMMUNICATIONS a. Marilyn Salberg re: Maintenance -of Town Property in Rockingham b. Appointment of_ Election Inspectors • c. P. Chaudhari re: request return of Road opening cash bond d. Request of Town Justices for appointment of another Enforcement Officer e. Notification of Public Hearing, Town.of Fishkill f. E. Hawksley re: recommendations for reappointment to Cons. Adv. Council g.. Kenneth Franklin re: Drainage.Problem Kent Rd. . h. R. E. Lapar Reports: 1. Improvements to R.F.S.T.P. - Final payment to Lafko. 2.. Fire. Hydrant - Central Wapp. Water, Ardmore 3. Bids -7 3 House Services - Cent. Wapp. W. Ardmore -Orchard Drive area. i. D. J. Hannigan. re: Disposition of Dogs • j. Henry Zeisel re: XYZ Building Demolition - Myers Corners Rd. k. Jeanette Wojciekofsky re: Car damaged at Martz Field 1.. Estelle. Seeley re: Sewage back-up in basement - Oakwood m. L. Diehl' .re: resolving incorrect Road signs'- Pine Ridge -Area n: L. Diehl re: No Parking signs at "Bell" site o. Celeste Ammelounx re: Peition for Noise Ordinance p. E. Hawksley re: SEQR guidelines 'q. Town Justices re: problems concerning occupancy of Justice Ct. 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. Application for Franchise Renewal for CATV b. Brettview Water - East Fishkill c. 'R. E. Lapar re: Ardmore Hills W.I.Area, Road resurfacing d. E. Sailer re: Drainage e. Ping. Bd. reply to query on Drainage Stipulations f. F. J. Lafko re: Bids on Improvements to Various Sewage Treatment Facilities L. Diehl memo re: Hearing on Junk Yard Ordinance g• 9. NEW BUSINESS 10. ADJOURNMENT 3o1i The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on June 13, 1977 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:07 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 Rudolph Lapar, Engineer to the Town Jon H. Adams, (Attorney representing Allan Rappleyea's Office The Minutes of the March 28, 1977 Regular Bimonthly Meeting, having been previously sent to the Town Board members, were now placed before them for their approval. MR. JENSEN moved the Minutes of the March 28, 1977 Regular Bi- monthly meeting, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Clausen. Motion Unanimously Carried The reports for the month of May were received from the Town Justices, Building and Zoning, Receiver of Taxes, Comptroller's report on cash in various accounts and the Town Historians' semi- annual report. MR. CLAUSEN moved to accept the reports and place them on file. Seconded by Mr. Johnson. Motion Unanimously Carried The resignation of Virginia Ferris as Town Historian was received. MR. CLAUSEN moved to receive the resignation of Virginia Ferris with thanks, and place it on file. Seconded by Mr. Johnson Motion Unanimously Carried MR. CLAUSEN moved that Constance Smith be appointed Town Historian as of July 1, 1977 to fill the unexpired appointment of Mrs. Ferris. Seconded by Mr. Johnson. Motion Unanimously Carried A local law proposing an amendment to Local Law #2 of 1977 - SEQR Act - having been prepared by the Attorney, was placed before the Board for introductory consideration. Mr. Jensen remarked that he had some questions which stem from the meeting where Mr. Friedman had pointed out there were some inconsistancies in the SEQR adopted by the Town Board, and there was to be a meeting between Mr. Hawksley's Council and Mr. Friedman. No report on that meeting has been received as yet, Mr. Adams reported that it was his understanding a meeting did take place and Mr. Hawksley had recommended some minor modifications and the local law tonight is reflective of that meeting and the suggested changes, they are very minor. Mr. Jensen still had a few questions. MR. JENSEN moved that the proposed Local Law amendment be tabled to the July meeting. Seconded by Mr. Johnson. Motion Unanimously Carried The following memo was received: May 10, 1977 To: Town Board Members From: Matthew Ryan, Comptroller Re: Insurance Marshall & Sterling Inc. has completed the final audit adjustment of the Tbwn's General Liability on town buildings, etc. Due to additional coverages needed an additional appro- priation from either Federal Revenue or Anti -Recession funds is needed. The current shortage is $1,182.00. Enclosed please find copies of voucher and attachments. s/ Matthew Ryan, Comptroller 303 MR. VERSACE moved that the amount of $1,182.00 to cover the final adjustment for General Liability Insurance be appropriated from the Anti -Recession fund. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: May 20, 1977 Hon. Louis Diehl, Supervisor Town of Wappingers Mill Street Wappingers Falls, N.Y. Dear Mr. Diehl: Additional funds in the amount of $11,500 are required to complete the operating year of the Poughkeepsie -Wappingers - LaGrange Joint Landfill Project. Each municipality if asked to remit their proportionate share as outlined in our April 12, 1976 letter to the Board of Governors. Your share of the assessment if $1,629.87. We would appreciate a prompt remittance since there are obligations which have to be met far in excess of our current funds. Very truly yours, s/ David R. Shron Mr. Johnson believed there were funds in the Landfill Account which was earmarked for this eventuality. MR. JOHNSON moved that the funds, in the amount of $1,629.87, be the allocated from the Landfill Account to pay the Town of Wappinger share of the additional funds required to complete the operating year of the Poughkeepsie -Wappingers -LaGrange Joint Landfill Project. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Diehl having requested this item placed on the agenda, stated that later in the -agenda there is reference to three house service taps so the homes could tap into the Central Wappinger Water System. 304 Mr. Rappleyea had suggested that the Board should direct some member of the Board to be given authority to authorize a tap when a new tap is needed for a house in a district. MR. JENSEN moved that it would be appropriate to authorize the Supervisor's office that when a request for a tap comes in, and they do qualify for a tap, to give approval to go out to bid to the Engineer's office, having first the concurrance of the Building Inspector. Seconded by Mr. Clausen. Motion Unanimously Carried The following resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, the Town Board had previously adopted a policy with regard to off-site drainage problems of subdivisions and site plan approvals, now, therefore, be it RESOLVED that for projects involving plat plan approvals of subdivisions and site plan approvals the following off-site down stream changes be made: 1. Plat plan approvals of subdivisions - $200.00 per lot 2. Site plan approvals: $.15 per square foot of newly constructed roof areas, parking areas, sidewalks and driveways. Seconded by: Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted The following resolution was introduced by COUNCILMAN JENSEN who moved its adoption: WHEREAS, the Town of Wappinger entered into a lease with Bruce D. Stotz and his wife, Virginia E. Stotz, on or about the 16th day of September, 1976 for thelease of the premises now occupied by the Town Justice Court, and WHEREAS, the Zoning Administrator of the Town of Wappinger has requested clarification of the intent of the Town Board insofar as it related to said lease, and WHEREAS, it was not the intent of the Town of Wappinger to deprive the owners of the said leased premises from any of the permitted uses otherwise allowable by the zoning ordinance, NOW, THEREFORE, BE IT RESOLVED that paragraph 38 be deemed amended and modified to read as follows: The premises shall not be occupied, in any part thereof, by any facility, store, tavern, bar, or other entity selling beer, wine, liquor, or cider, and the remainder of the building occupied by the Justice Court shall be utilized 1)y the landlords solely for those purposes established and permitted by the present zoning ordinances of the Town of,Wappinger. Occupancy by the Town of the premises described herein shall not preclude the landlord from utilizing the second floor area for a permitted use, it being the intention of the parties that the occupancy of the first floor by the Justice Court shall not be considered a principal use as such term is defined in the Town of Wappinger's zoning ordinance. It is further expressly understood and agreed by and between the respective parties hereto that the remainder of the subject premises not occupied by the Justice Court may be utilized by the landlords as and for a glass and window business and/or general business office use so long as such uses are permitted by the zoning ordinance. Seconded by: Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted Mr. Jensen made the statement that Governor Carey just recently signed the bill allowing the exemptions for senior citizens to go up to $7,200 of their earnings. He would move a motion tonight that the Town adopt the legislation that was just signed by Governor Carey, notify the Assessor of such, the adoption of said resolution, and also that the time for submission has also been extended from May 1st to August 1st for those that qualify. MR. JENSEN moved that the Attorney be instructed to draw up a resolution for the next meeting regarding the "over 65 tax rr exemption" allowing for an increase in income up to $7,200. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: 30 May 31, 1977 Town of Wappinger Board Town Clerk Office Mill Street Wappingers Falls, N.Y. We hereby request time on your agenda at the June or July Town Meeting for about five minutes of speaking -time to address the Board on the matter of maintenance of town property within the area known as Rockingham Farms. Richard DeSilva, President of our Association will be the spokesman. You can reach him by mail at 61 Balfour Drive, Wappingers Falls, New York. If he is not already on your. mailing list for schedules of Town meetings, please add his name at this time. Thank you for your attention in this matter. Yours truly, Marilyn Salberg Corr. Secr. Mr. Richard Townsend, second Vice President of the Rockingham Farms Homeowners Association, spoke on behalf of the associa;cion in place of Mr. DeSilva. He stated that there has been some correspondence with the Highway Department in regard to streets and curbs in the Rockingham development. The curbs are in complete disrepair and the sewers have sunk. Also, there are four pieces of public property in this development. One, the water tower, which is probably the biggest eyesore, has no trees, shrubs, or grass within 20 years of it and its beginning to rust. Second, at the entranceway into Rockingham where there is a sign designating the name of the development, the area around this sign is in com- plete disrepair. The two other areas, which he described as vacant lots are overgrown, no one cutting them or taking care of them. Mr. Diehl indicated one of these lots was on All Angels Hill Road, and he had managed to get Schoonmaker last year to clean it up, and he has written to him this year to come in and maintain it. Mr. Jensen commented on the sign Mr. Townsend mentioned. He pointed out that a number of years ago the civic association requested permission to erect this sign and they declared then that the 307 Homeowners' Association at that time would maintain that sign as well as the shrubs and area around it. All they asked the Town for was permission to erect that sign at that right of way. As faras the water tank is concerned, the Town has had bids already for reconditioning the internal part of the tank, and, there is graffetti on the outside walls of the tank, done by children or others, but here we are back to cost factors. The Board could repaint the tank but that will not necessarily prevent 160 anybody from painting signs on it again. There also were consid- eration several years ago to put a fence around this tank, but due to the heighth of it, it wouldn't have hidden it and also at that time this expense was prohibitive for the district. He remarked however, that if the residents felt they wanted the Board to spend that kind of money to repaint the tank the Board would entertain it. Mr. Townsend thought, the major point was, that as it was an eyesore, that the cheapest most feasible way that a recommendation could be made on it, would be acceptable:, just so long as the eyesore is removed. Mr. Diehl, referring to the vacant lot on All Angels, asked Mr. Adams what authority does the Town have of going in on private property for maintenance purposes. Mr. Adams stated the Town has no authority unless there is a health hazard, or some other condition that effects the health, safety and welfare of the citizens. Mr. Townsend stated that the Rockingham, Homeowners Association would get in touch with Schoon160 - 06. maker regarding attending to the vacant lots. Mr. Horton stated, with reference to the roads and curbs, that the roads were being worked on, the curbs would be done later this year. Pursuant to Section 43 of. the Election,Law lists of names of people recommended to serve as Republican and Democrat Inspectors of Elections, for the term beginning July 1977 and ending July 1978, were forwarded by Ethel L. Block,• Chairman of the Dutchess County Republican Committee and William J. Egan, Chairman of the Dutchess County Democratic Committee. MR. JOHNSON moved that the following Republican and Democratic Inspectors of Elections be appointed for the Town of Wappinger for the term from July 1977 to July 1978. 1st District 2nd District 3rd District 4th District 5th District 6th District 7th District 8th District 9th District 10th District llth District 12th District 13th District 14th District 15th District 16th District 17th District REPUBLICAN ELECTION INSPECTORS Marion Bostwick, 27 Mesier Avenue Norma O'Rourke, 5 Veterans Place Rosemary Bowden, 50 Mill Street Marion Tabor, 23 Mill Street Evelyn Durkin, 3 Goring Place Joan O'Riley, 6 Carmine Drive Carolyn Howell, 50 Robert Lane Enedina Fernandez, 52 Robert Lane Terry Rifkin, 35 Wildwood Drive Joan Nutt, 12 Russ Place Beatrice Helmeyer, Diddell Road Jean Schmidt, Diddell Road June Schnorr, 12 DeGarmo Hills Road Audrey Zindler, 19 DeGarmo Hills Road June Horton, Losee Road Gloria Morse, Rte 9D Dorothy Fugardi, 69 Edgehill Drive Therese Sawall, 46 Gilmore Blvd. N. Carl Greco, 46 Alpert Drive Ruth Steinhaus, 99 Brothers Road Martha Hamilton, Theresa Blvd. Viola Dunckley, Cooper Rd. Fishkill Ruth Speedling, Box 333 Hughsonville Susan Steinhaus, Theresa Blvd. 1 Vera Hamilton, Old Troy Road Dorothy Holden, Middlebush Road 111110 Mary Price, Chelsea Elizabeth Hammond, Chelsea. Linda Winterberg, Caroline Drive, Chelsea Catherine Leary, 18 Wildwood Drive Mary Conte, Cameli Drive Charlotte English, 1 Oneida Lane Marie Migliore, Theresa Blvd. Theresa Greco, 46 Alpert Drive 18th District 19th District 20th District 21st District Alternates 1st District 2nd District 3rd District 4th District 5th District 6th District 7th District 8th District Marie Greco, 46 Alpert Drive Marion Siudzinski, Fenmore Drive Laura Petrone, 22 Alpert Drive Eleanor Parascandola, 4 Regency Drive Sallie Foster, 5 Partners Road Patricia Hamilton, 56 Edge Hill Drive Barbara Jensen, Myers Corners Road Maude Ifill, 86 DeGarmo Hills Road Joan Coughlin, Chelsea Peggy Hammond, Chelsea Frances Glueckert, 53 Scott Drive Noreen O'Connell, 6 Reggie Drive Gail Eldridge, 3 Dorrett Drive Nancy Higgins, 45 Edgehill Drive Marie Brancazio, 6 Reggie Drive Janine Fedrowitz, 68 Edgehill Drive Elaine McKinney, 33 DeGarmo Hills Road Elaine Bass, 46 Edgehill Drive Ann Marie Hampson, 27 Gilmore Blvd. Dorothy Plonka, Hackensack Heights Carol Howell, Robert Lane Joy Jordan, 104 Edgehill Drive Lydia Pacio, 7 W. Academy Street Loretta Decker, Widmer Road Judith Dugan, 13 Partners Road Frances Gull, 52 Wildwood Drive Pam White, Whites Corners, Hopewell Juno. Ann McMahow, Widmer Road Madeline Rossero, Gabriella Drive. DEMOCRATIC ELECTION INSPECTORS Eileen Weit 7 Park Place Sylvia Gorin 13 Liss Road Albertina Wardell 45 SouthAve. Joan Terralavora 7 Upper Henry St. Mary Sidote 1 ' Adams S t . Grace Sidote 22 Franklindale Ave. Carol Powers 27 Robert Lane Janet Versace 9 Patti Place Dorothy Landolfi 24 Wildwood Drive Helen Vidunas 36 Wildwood Drive Robin Egan, Diddell Rd. Paula Brannen Rt. 376 Lois English 4 Long Court Melba Hereford 16 Quarry Dr. Lorraine Clausen Widmer Rd. Virginia Keeler 37 Spook Hill Road a 9 Zia) 9th District 10th District llth District 12th District 13th District 14th District 15th District 16th District 17th District 18th District 19th District 20th District. 21st Dist4ict Alternates Seconded by Mr. Clausen June Scalzo 10B Scenic Garden Apts. Albina Medio 10B Scenic Garden Apts. Nora Flynn 22 Doyle Drive Angela Rubeo 13 Doyle Drive Jeannie Rivera 9 Cayuga Drive Catherine Loop Hughsonville Cheryl Snethen South Court Ann Ruseskas 31 Kretch Circle Lois Belding 31 S. Remsen Ave. Helen Hilderbrand Marlorville Road Eileen Farrell, Chelsea Eileen Coughlin, Chelsea Judy Brickner River Rd. Chelsea Gladys Folster, Chelsea Rd. Ann Peragino, 10 Onondaga Drive Shirley "Solomon 10 Franton Drive Judy Lewis 26 Fenmore Dr. Rose Caccavale, 59 Carroll Dr. Janet Presti 28 Fenmore Dr. Eileen Masterson 60 S. Mesier Ave. Pauline Boyle 6 Gilmore Blvd. S. Alba Delgrosso'43 Tor Rd. Jeanette Curtis 109 Edgehill Dr. Donald Gannon 25 N. Gilmore Blvd. Kay Diehl 95 South Ave. Carol Bulson Rt. 376 Geraldine DeAngelo 23 Quarry Dr. Mary DeSilva 61 Balfour Dr. Loretta Doyle 30 Scott Dr. Maria Morrison 45 Tor Rd. Jenny Patros 6 Dennis Rd. Joan Greer, Chelsea Gina Poulios, 9 Wendy Rd. James Guarino, All Angels Hill Rd. H.J. Pauline Calvelli 4 Doyle Drive Motion Unanimously Carried The following request was received: June 8, 1977 Town Board, Town of Wappinger Mill Street Wapp. Falls, N.Y. Gentlemen: On January 26, 1977 we posted a $160 bond withyour cover our repairs of a water service line in Indian with the understanding the amount would be refunded satisfactorily repairing and repaving the Town road. This work has now been completed and we request the returned. Town to Village, upon us $160 be Thanking you for your cooperation in this regard, I remain, Very truly yours, s/ Henry Mikaelian General Manager Mr. Horton indicated this work had been completed, and recommended the return of the $160 cash reopening bond be returned. MR. JENSEN moved to accept the recommendation to grant the request and authorize the return of the $160 cash road opening bond to New & Used Water Specialists, Inc. Seconded by Mr. Johnson. Motion Unanimously Carried The following request was received: June 1, 1977 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen, In Feb. 1977 Mr. W. Horton had requested that $500 will be deposited with the Town in order to insure that the driveway and the grading on 10 Plaza Road will be completed to his satisfaction. The work has since been completed and Mr. W. Horton has indicated his satisfaction. By this letter I request that the $500 be returned to me. s/ P. Chaudhari 10 Plaza Rd. Wappingers Falls N.Y. Mr. Horton indicated that this work had been completed satis- factorily, and recommended the return of the $500 road opening 312 4 cash bond. MR.JOHNSON moved to accept the recommendation of the Highway Superintendent, Mr. Horton, to grant the request and authorize the return of the $500 cash road opening bond to Mr. P. Chaudhari. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: May 17, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: Since October of 1976, Mr. Robert Berberich of 291 Hooker Avenue, Poughkeepsie, New York, has been serving this tribunal as Court officer. During that period, he has proved to be efficient, knowledgeable and reliable. We, therefore, recommend that he -be formally appointed as Court Enforcement Officer for this court. Yours very truly, s/ William J. Bulger Vincent S. Francese Town Justices MR. CLAUSEN moved that Robert Berberich be appointed as an additional Enforcement Officer for the Town of Wappinger Justice Court. Seconded by Mr. Johnson Motion Unanimously Carried Notification was received from the Town of Fishkill that a Public Hearing would be held on June 13, 1977 on a proposed revision of the Town of Fishkill Zoning Ordinance and 'Map. MR. CLAUSEN moved that the Notice of Public Hearing be received and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: May 20, 1977 Town Board Members Town of Wappinger c/o Town Clerk Town Hall, Mill Street Wappingers Falls, New York Gentlemen: At its regular monthly meeting on May 19, 1977 the Conservation Advisory Council recommended that the following persons be reap- pointed as their terms expire in June 1977: Edward Hawksley, Chairman Joseph Incornato Louise Menger Melvin Zipes These appointments, according to enabling legislation, will be for two (2) years each expiring in June 1979. Sincerely, s/ Edward Hawksley, Chrm. MR. CLAUSEN moved to reappoint Edward Hawksley, Joseph Incoronato, Louise Menger, Melvin Zipes, Frances Reese and John Perrillo as members of the Town of Wappinger Conservation Advisory Council. Seconded by Mr. Versace Roll Call Vote: Councilman Clausen Aye Councilman Jensen <- Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Nay Motion Defeated Mr. Jensen had stated prior to the vote that he would vote no for the whole slate as there was one name on the slate that he could not vote for in good conscience tonight. He has no objections to the rest of the people on the slate as proposed. He indicated the one whom he could not vote for was Mr. Incoronato and the reason was that Mr. Incoronato has ridiculed at past meetings other people who have also been appointed by the Town Board and never apologized for it. He doesn't think somebody that is going to be an appointee of this Town Board, at least someone that he recommends should be 14 allowed to partake in some of the rhetoric that Mr. Incoronato has in the past. If he is going to vote for somebody he wants to vote for somebody who can represent the Town Board as it's meant to be. The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: RESOLVED; that the following persons be and they hereby are appointed as members of the Town of Wappinger Conservation Advisory Council to serve at the pleasure of the Town Board for terms ending July 1, 1979: (1) Edward Hawksley (2) Louise Menger (3) Frances Reese (4) Melvin Zipes (5) John Perrillo Seconded by Mr. Jensen Roll Call Vote: Councilman,Clausen Nay Councilman Jensen Aye Councilman Johnson :Aye Councilman Versace Nay Supervisor Diehl - Aye Resolution Duly Adopted Mr. Clausen commented that, unfortunately, a man such as Mr. Incoronato, in his opinion, had as much expertise in conservation matters as any resident in the Town of Wappinger, has given years of service in that capacity, has attended many meetings paid for by the taxpayers of the Town, has never refused to accept any responsibility, and has always been diligent in that responsibility, should come up tonight and discussed on such a personal basis, in his opinion such a rude and callous manner that it was this even- ing, it's doing him and the Town Board and every member that serves within the Town of Wappinger a disservice, and he was embarrassed for the members of the Board that allowed this thing to happen. Mr. Hawksley added to the comments of Mr. Clausen by stating he believed Joe had a wealth of expertise and knowledge and an un- fortunate thing he was not reappointed to the Council, he was a darned good member. 315 The following letter was received: Mr. Kenneth Franklin 13 Kent Road Wappingers Falls, N.Y. May 26, 1977 Supervisor: Mr. Louis D. Diehl; Dear Mr. D Diehl; When my house was first constructed we had no drainage problem, but soon after a complex started development across the road. This complex had extensive drainage work. My problem is, the water that would normally drain across the road, is running on my side, and eroding part of my frontage, and my driveway is almost devastated. Much of the dirt was washed to the far side of my property, causing a muddy bogg. I have called the highway department, several times to correct this problem, they came once and dropped a load of gravel. The gfavel helped to maintain the level of the property, but made the drainage problem more acute. I'm asking to please place this letter on your agenda for the next Town Board meeting, and to get with me on how this can be fixed. Yours truly, s/ Kenneth L. Franklin Mr. Horton, being familiar with the problem .stated it will be solved when the•road is blacktopped, and another thing he has to check is their plot plan to see if they are going to use the drive and what they are going to do with their front yard. MR. DIEHL moved that the Town Clerk advise Mr. Franklin that the Highway Superintendent has advised the Town Board that corrections will be made. Seconded by Mr. Jensen Motion Unanimously Carried The following report was received: May 27, 1977 Town Board Town of Wappinger Mill Street, Wappingers Falls, N.Y. Re: Improvements to Rockingham S . T. P Contract #1 316 Dear Board Members: We are in receipt of Lafko Associates, Inc. request for final payment on the above referenced job. Please be advised that until a minor technicality is resolved this office shall not recommend final payment. Very truly yours, s/ Ernst Martin Jr. Engineer Rudolph Lapar, P.E. P.C. MR. JENSEN moved that Mr. Lafko be so advised that the Engineer to the Town has advised withholding payment until a minor tech- nicality is resolved. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received: June 2, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: One (1) Fire Hydrant Central Wappinger Water Imp. Area Ardmore Drive Dear Board Members: Enclosed please find copies of bids received on the above captioned project. We recommend Wilson Excavators, Inc., the low bidder be awarded the Bid. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JENSEN moved to accept the recommendation of the Engineer and award the bid to Wilson Excavators @ $1,845, as low bidder, for one fire hydrant installation in Ardmore Drive, Central Wappin- ger Water Improvement Area and authorize the Supervisor to sign the contract. Seconded by Mr. Johnson Motion Unanimously Carried The following report was received: 317 June 2, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Three (3) House Services Central Wappinger Water Imp. Ardmore Dr. - Orchard Dr. Area Dear Board Members: Enclosed please find copies of bids received on the above captioned project. We recommend Wilson Excavators, Inc. the low -bidder be awarded the Bid. Very truly yours, s/ Rduolph E. Lapar, P.E. MR. JENSEN moved to accept the recommendation of the Engineer to the Town and award the bid for three house services in Ardmore Drive, Central Wappinger Water Improvement Area to Wilson Excavators, Inc. @ $1,650.00 as low bidder and authorize the Supervisor to sign the contract. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: June 2, 1977 Mr. Louis Diehl, Supervisor Town of Wappinger Wappingers Falls, New York Dear Lou: The cost of keeping dogs in the kennel is becoming increas- ingly high. We must either raise our price to the Town or put them down promptly after 5 days. (The Town pays us for 5 days, but we routinely keep them for 10 or more). An Alternative would be for the Town to pay for a longer stay. The decision is. yours. We will retain the present fee per day as long as possible. My suggestion would be prompt disposal after 5 days except in very special cases. Best regards. Yours very truly s/ Daniel J. Hannigan, D.V.M. 31:8 Mr. Diehl believed the Board has to take .the direct action for a specific date and time as to whether the dogs are kept five days or the Town pays for extended boarding. Therefore, he recommended the Town Clerk contact Dr. Hannigan and ask for a specific date of when the time limit is finished. Mr. Johnson recalled that the contract with Dr. Hannigan specifies keeping the dogs five days, his rentention of them over that time has been the Doctor's own choice to keep them over the five days. He doesn't believe it's very appropriate for the Town to really do very much except acknowledge ,receipt of the Doctor's letter. He also does not believe the Town budgeted for any long a period of time. Mr. Versace construed Dr. Hannigan's letter as seeking a directive from the Board that he adhere to the contract and put the dogs down in five days, or, agree to reimburse him for a longer period of time. Mr. Clausen was not against a seven day period, but there again it would have to be talked about at budget time, so if we can hold off until the Board can look into the policy again, to allow the extension over five days. Mr. Diehl still believed the Town Clerk should contact Dr. Hannigan and ask him when the deadline was for his strict adherence to the five day rule, then the Board can act. The following letter was received: June 1, 1977 Mr. Louis Diehl, Supervisor Town of Wappinger Falls Town Hall Wappingers Falls Re: Building at Meyers Corners Rd. Wappingers Falls, N.Y. Dear Mr. Diehl, As you know, we are planning to demolish our fire damaged building located on Myers Corners Road. In order to accomplish this in a most expeditious and efficient, manner, we are requesting permission to dispose of the debris on our property. Please rest assured that there will be absolutely no resultant harm to the environment or ecology. We look forward to your reply in this matter, and thank you for your kind consideration. Respectfully yours, XYZ Enterprises, Inc. s/ Henry I. Zeisel, Pres. Mr. Diehl stated he had forwarded a 'copy of this communication to Mr. Ruit and Mr. Hawksley, asking for their recommendation. He neglected to forward it to the Attorney, and mentioned that it probably should also be forwarded to Mr. Rappleyea for his recommendation. Mr. Jensen commented that one of the problems the Town has with this request was that the Town's Ordinances don't permit the burying of any material or debris. There was also a request for the same type of thing on Maloney Road which was denied. If they are granted as they come, they might run into a problem in the future, either we should rescind the law we have on the books, or change it to a.point where these things would be meaningful. He realized that it would be a great expense to move the debris, but he feels they have to loo$ a little deeper into the situation, review the local law or deny the request. Mr. Clausen agreed with Mr. Jensen and he doesn't believe it's within the purview of either the Conservation Advisory Council or the Building Inspector to circumvent or give an opinion as to what the law says and they shouldn't ask somebody to come up with an opinion to deviate from that, that's a Town Board responsibility and he too would deny the request. MR. JENSEN moved that the petition of Mr. Zeisel be denied on the basis that Town Ordinances and Local Law does not allow burying debris on the property. Seconded by Mr. Clausen. Motion Unanimously Carried 320 The following letter was received: May 25, 1977 Wappingers Falls Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: Enclosed is an estimate for the damage done to my car caused by an accident, Wednesday, May 18, in the Pye Lane parking lot. As a result of the accident, I suffered whiplash, from which I have not fully recovered. The accident occured when I was backing out of the parking lot and my car came to an abrupt halt because of(hitting'a tree stump, which is completely out of sight when in the car. The day after the accident I went to the Town Supervisor's office to see what could be done to remedy the situation and what adjustment could be made for me. They were going to check to see who removed the tress, the road "dpartment or the recreation commission, and possibly have the remainder of the tree removed. I also was told, for insurance purposes, that I should write a letter to the Town Board submitting my claim. Your immediate attention in this matter would be greatly appreciated. Since my accident, I'myself know of two people who have had similar experiences and can furnish their names and phone numbers if necessary. May I expect a reply so that I may know what action is being taken. Yours truly, s/ Jeanette Wojciekosky Mr. Diehl reported that the incident has been reported to the Town's insurance carrier, Marshall & Sterling Inc., and they are taking the appropriate actions and investigating it. MR. CLAUSEN moved Mrs. Wojciekofsky's letter be received and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: 6/2/77 Town Board or Claims or Mr. Louis Deihl Town of Wappingers Supervisor To Whom this May Concern: Our house at 2 Robert Lane, Town of Wappingers has just to -day for the third time in one month had sewer water back into our laundry, garage and downstairs gameroom. There is wall to wall carpeting in the game room which is again saturated with: sewer water. We did not report this the 1st two times because we thought it might be 4rouble in our own line. After spending this past weekend digging up our own sewer pipe and repairing a •crack, I looked out and saw a huge fountain of water coming out of the man hole in front of our home just now and our celler again filled with sewer water. The stench as you can imagine is overwheming. Will you please send someone to: discuss removing and replacing our tiles. They cannot be removed and cleaned since they are the adhesive back type. They cannot be made sanitary by scrubbing since we have already done this the other two times. The sewer water is bubbling in my toilets and leaving brown stain. How do I know it is not backing into our dishwasher? Please sned someone to see me about this without delay. Sincerely s/ Estelle Seeley Mr. Diehl reported on this one that the Town TV'd the lines in Oakwood in the area of the Seeley home and it was found that there were two rocks in the line, which by all facts;, must have -been put in there by some person by lifting up a manhole and throwing the rocks down and they got washed and caught into the lines. One rock was snaked -out.,, the second had to be dug out. The problem has been corrected. The claim of damage Mrs. Seeley reported due to the back up has been reported to the insurance agent for the Town, Marshall and Sterling Inc. Both actions have been reported to Mrs. Seeley by the; Supervisor. The following letter was received: June 3, 1977 William P. Horton, Supt. of Highways Town of Wappinger Re: Discussion with you, Fran and Mr. Takacs regarding Van Voorhis Terrace and Pine Ridge Drive. X22 Dear Bill: Again, I discussed the correct location of said streets and Mr. Takacs again confirms that the signs, as they are now, are incorrect. He states that from correct maps and the Postal Delivery Directory that Pine Ridge goes into the dead end turn around circle which now shows as Van Voorhis Terrace. This on again, off again discussion and question has informally been going on for quite some time. To resolve this problem I have requested Mrs. Snowden to place on the June 13th agenda in an attempt to resolve the mystery. Mr. Takacs also states that in his opinion it was by Town Board action some years ago. I believe it is necessary to resolve this officially by the Town Board and to set it at rest, and I would request your update. I have enclosed a zerox copy of the streets in question by Mr. Takacs, but up to this time he has stated the Town's highway maps are incorrect. Very truly yours, s/ Louie D. Diehl, Supervisor T/W Mr. Diehl commented that Mr. Horton has asked for more time to research, and therefore it was requested that the Town Clerk place the matter on the next months agenda. The following memos were received: May 31, 1977 William P. Horton Superintendent of Highways Town of Wappinger Dear Bill: At the Toyota "Bell" site on Old Route 9 opposite the Restaurant - Bar I would recommend two (2) signs stating "NO PARKING". Is it possible? Continued parking of cars from the bar, day and night, at this site is terrible. Very truly yours, s/ Louis D. Diehl, Supervisor 1.4?3 "June 2, 1977 Louis D. Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, N.Y. RE: Toyota "Bell" Site Dear Lou: It certainly is possible to place "NO PARKING" signs at the above site. However, it would be necessary for the town board to pass a resolution designating this area as a no parking zone. Perhaps Allan could have a resolution ready for the next board meeting. Very truly yours, s/ William P. Horton MR. DIEHL moved that the Attorney to the Town and Highway Super- intendent be directed to investigate descriptions necessary and prepare a resolution or local law. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Jensen, on the same subject, asked if it would be appropriate if some sort of fencing could be put up in the background of the site. It would have to be agreed to by Greer -Toyota but there are funds available in the Beautification Budget item. MR. JENSEN moved that a letter be sent to Mr. Greer asking if he would allow the Town to erect some type of decorative fencing or curbing on his property to protect the Bell Site. Seconded by Mr. Clausen. Motion Unanimously Carried The following petition was received: Beechwood Circle Wappingers Falls, N.Y. June 7, 1977 Town Board Members Mill Street Wappingers Falls, N.Y. Dear Town Board Members: These petitions bearing signatures of town residents are being submitted for your consideration in the belief that there is a definate need for a Noise Ordinance in our town. We have g4 been subjected to excessively loud music from record players or tape decks, difficulties with loud trailbikes, dogs howling all night etc. While we understand that lifestyles do differ we feel that noises with continous, excess volume that do infringe upon other town residents should not be allowed. We believe that if allowed to continue unchecked these noise disturbances will down- grade the quality of life we enjoy in our fair town. Sincerely, s/ Celeste A. Ammelounx (There were approximately 170 signatures on the petitions filed). Mr. Diehl believed the one thing the Board could do would be to have the Attorney advise what action or what direction the Board could take to go into a noise ordinance. This had been discussed some years ago, but the big problem then was establishing the mechanics and equipment to enforce an ordinance of this nature. He could ask the Attorney to review and update the Board on the information that the Board had a few years ago and see if there is any area that had been missed, or if there were now better methods of enforcing such an ordinance. Mr. Clausen recalled that an ordinance could be passed, but it was the equipment to enforce it that was next to impossible, very difficult, as well as expen- sive, to enforce. MR. JENSEN moved, that since the Town was in the process of codification by General Code Publishers Corp., a request be made to them to research and send any sample ordinances they might have regarding this type of noise ordinance that other Towns have adopted to this Board. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Hawksley, Chairman of the Conservation Advisory Council had forwarded recommended guidelines for the SEQR for the Board's consideration and adoption. MR. JENSEN moved the matter of the SEQR Guidelines be tabled to the July meeting. Seconded by Mr. Diehl Motion Unanimously Carried 825 The following letter was received:• June 2, 1977 Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: We have been tenants in the building at 14-16 Old Route 9 for a period of approximately six months and fine these premises far better than the old quarters. However, there are some problem areas concerning this occupancy we would like to resolve: (a) now that Mr. Robert Ruit has been appointed Zoning Enforcement Officer, who is responsible for the cleaning of the interior premises and exactly what are that person's duties? - (b) who is responsible for the exterior cleaning of the areas surrounding the building, i.e. parking lot, the mowing of the grass plots, etc? (c) have the circulator fans of the air-conditioning system been removed for repair by the landlord or have they been purloined by some unauthorized person? (d) What are the landlord's plans for repair of the water leaks in and about the front windows and for the repair of the moulding throughout the building? (e) When may we expect that the required partition to isolate the courtroom from the lobby,iso that lobby noise may be kept from the courtroom and the installa- tion of the door to between the rear aisle and the office to insure the privacy required in some court proceedings will be started and completed? Answers to the questions propounded above will increase the efficiency of our operation. Respectfully, s/ William J. Bulger, Vincent S; Francese Town Justices Mr. Diehl noted that he had written to Mr. Stotz, specifically pointing out (c) and (d) asking for a reply, as far as the outside parking area, he believes there would be no question that when it is needed Mr. Horton's men could clean it, as for the grass, the man that works with the Recreation Commission will cut it. As for the door in the lobby, Mr. Diehl believes there is money in 32 6 their budget to take care of that. MR. DIEHL moved that the'Town Justices be instructed to use the available funds of the court to make the correction of the door in the lobby. Seconded by Mr. Clausen Motion Unanimously Carried The following petition was received: Town Board - Town of Wappinger In the matter of the application of James and Kathleen Turco for an amendment to the zoning ordinance Petition James and Kathleen Turco respectfully petition the Town Board -of the Town•of Wappinger as follows: 1. Petitioners own and reside at 5 Broadway, Chelsea, Town of Wappinger, Dutchess County, New York, (hereinafter referred to as the "premises") . 2. The above premises were conveyed to the petitioners in fee simple by deed from Carlton and Betty Pike to petitioners dated 10 December 1975, and duly filed in the Officeof the Dutchess County Clerk at Liber 1420 of Deeds at Page 841. (see attached Exhibit "A") 3. The premises are known and designated upon the Tax Assessment Map: of. the Town ofWappinger as grid #19-7-56-01-048548-00. (see Exhibits "B" & "C") 4. The premises contain approximately 22162.5 square feet of property, which ispresently improved with a single family residence and a two (2) car garage. 5. The petitioners apply for an amendment to the zoning ordinance which would change the zoning designation from residential (RD -20) to Local Business. 6. The premises are bounded on the north by the Chelsea Sport - man's Association; on the east by the unimproved lands of the Passionist Fathers; and on the south and west by the unimproved lands of Bate and Duncan. The premises are situated approximately 580+ feet from the intersection of Chelsea Road and Liberty Street. 7. The premises are within 500 feet of County Road #92 (Chelsea Road). 8. The petitioners request the amendment to the zoning ordinance for the purpose of converting their two (2) car garage into a convenience food store. No such store presently exists within the Hamlet of C3helsea. Sufficient parking spaces presently exist for the parking of at least ten (10) automobiles. Although the area is zoned for residential use there presently exists within the immediate vicinity of petitoners' property a fire house, a sportman's association, unimproved religious property, unimproved residential property and two (2) improved residential parcels belonging to Boland and Legg. Petitioners submit that there is a need for such a convenience store in the Hamlet of Chelsea and that the allowance herein requested would fill an existing void for such an establishment within the community. The property is favorably situated for such a redesignation and given its proximity to the existing localbusiness district it is submitted that an amendment would not be construed as either disruptive to the existing zoning ordinance or the initiation of "spot -zoning" by the Town. 9. Attached hereto are Exhibits "D", "E" and "F" which expound the proposal of petitioners. WHEREFORE, your petitioners pray this Town Board of the Town of Wappinger, to take such steps and actions as may be necessary to grant the amendment sought herein. s/ James P. Turco Kathleen Turco MR. JENSEN moved that the petition of James and Kathleen Turco be referred to the Attorney to the Town, Mr. Rappleyea, to prepare an Ordinance Amendment, also refer the petition to the Town of Wappinger Planning Board and the Dutchess County Depart- ment of Planning for their review and recommendations. Seconded by Mr. Johnson. The following letter was received: Angel Brook Civic Association, 52 Tor Road Wappingers Fallsi,N..Y. Town Board Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: Motion Unanimously Carried June 8, 1977 A situation exists on the property of 24 Tor Road in Angel Brook (the intersection of Tor and Sylvia) which boggles the mind. A new home was constructed by the Andersons last year. What I thought was excavation for a swimming pool turns out to be a holding pond which at times contains five feet of water; at other times appears to be a stagnant pond; at all times is an unsightly danger for the neighborhood. I am writing to you because I was informed that the holding pond was approved by the Town Engineer as the solution to the drainage problems. I just can not believe that to be true! I would appreciate the Town Engineer's professional evaluation of the situation in order that I may know who to approach for corrective action. (328 Thank you for your cooperation. s/ Michael Kelly, Pres. Mr. Versace asked Mr. Lapar if there was a reason behind approval of the holding pond. Mr. Lapar answered that the builder had three alternates, the alternate that he chose was the holding pond, and the plot plan was certified by a licensed engineer. There is no law in the Town of Wappinger stating this should not be accepted. Mr. Versace asked why a holding pond was chosen, and Mr. Lapar suggested it was probably the cheapest. After some discussion Mr. Diehl directed that Mr. Kelly's letter be received and placed on file. Under Committee Reports, Mr: Diehl stated that there had been a request made for funds for a stone and plaque that are to be placed at the Bell Site (designating Town of Wappinger as a Statehood Town for New York State Bicentennial) by Connie Smith. The cost was approximately $85 for the stone and plaque plus a $25 charge for installation of them. He therefore entertained a motion making $110 available for the installation of said stone and plaque from the beautification account. MR. JENSEN moved that the request of Mrs. Smith for a stone marker and plaque be granted and funds not to exceed $110. be approved from account #A8510.4. Seconded by Mr. Johnson Motion Unanimously Carried The followingreport was received: June'7, 1977 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Re: Chelsea River Road Extention Gentlemen: I have contacted three owners of the property over which the proposed extention would go. Each of the individual owners indicated that they are not willing to contribute their property but are probably willing to negotiate a sale thereof. It would appear one of the major factors would be the expense to Central Hudson if we were to purchase that property, and I enclose herewith a copy of a letter indicating that they would be willing to undertake an estimate of that expense upon the payment of the sum of $200.00. If the Board is interested in proceeding, I suggest that Central Hudson be authorized to make its appraisal and that the Board authorize the supervisor to engage an appraiser to estimate the value of the other two parcels. Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea Mr. Clausen made the remark that this project has been hanging fire for better than a year and had been brought to his attention by Mr. Horton recently, who had reminded him that there is a dangerous condition existing on River Road North, that the Board had, some time ago, authorized the Engineer and Attorney to come up with some type of recommendation for the extension of -River Road North out to Route 9D. He believed the $200 fee was reason- able enough, and also authorize the Attorney to go further and indicate to the Board what dollar figure the property owners are talking about. MR. CLAUSEN moved to request Central Hudson to prepare an estimate of the expense associated with the necessary relocation of the transmission facilities etc. for the fee of $200.00; and further authorize the Attorney to the Town to go further and indicate the cost figures of the properties involved with the proposed extension of River Road North. Seconded by Mr. Jensen Motion Unanimously Carried The following report was received: iB30 June 8, 1977 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Gentlemen: At a recent meeting a question was asked regarding recreation fees for apartments. It is my understanding that a recreation fee is only charged in a subdivision of land where the developer does not elect to - develop a recreation area or deed land to the Town in lieu thereof. I find no provision of law that would allow a recreation fee to be charged to an apartment development. Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea Under Committee Reports, Mr. Clausen noted that in the Hughson- ville Lighting District, there was a pole without a light on Hamilton Road, the light must inadvertently have been left off when the other lights were installed. To install this light on pole #3 would be a cost to the District of $58.00 per year. MR. CLAUSEN moved that the Supervisor be empowered to negotiate, and enter into a contract with Central Hudson on behalf of the Hughsonville Lighting District for the installation of a light on Hamilton Road, Pole #3. Seconded by Mr. Diehl Motion Unanimously Carried Mr. Santullo, being recognized by the Chair, mentioned that the Recreation Commission had promised a basketball backstop for the Fleetwood Recreation Area, and it still wasn't up. The following letter was read in answer to Mr. Santullo's query. June 9, 1977 Town Board Mill Street Wappingers Falls, N.Y. Gentlemen: In response to your letter dated May 26, 1977, concerning the basketball court at Fleetwood Development, the court shall be completely installed as soon as the commission receives the missing parts that have been ordered. While the basketball back- stop was -stored at the. Town's Highway Dept. some parts were apparent- ly stolen. Yours truly, s/ Hugh J. Maurer, Chairman A woman in the audience also stated that the swings in the Fleetwood Recreation area had been damaged and she hoped something would be done to replace them. MR. JOHNSON moved that -a letter be sent to the Recreatoon Com- mission requesting information on the swings and replacement thereof in Fleetwood and also a response on repairing the road into the Quiet Acres Recreation Area. Seconded by Mr. Versace Motion Unanimously Carried Mr. Incoronato asked if it would be possible, from time to time, to have Mr. Maurer, or a representative of the Recreation Commission present to answer some of the citizen's questions about recreation. Mr. Clausen felt Mr. Incoronato's point was well taken and some of the department heads should be asked to attend Town Board meetings from time to time. Mr. Clausen noted that it has been requested by a member of the Town of Wappinger Soccer League that the Recreation Commission look into the possibility of putting up a snow fence or some type of barrier along the easterly border of one of the soccer fields that also borders the body of water in the Rockingham playground area. MR. CLAUSEN moved that a letter be sent to the Recreation Commis- sion and/or Highway Department asking what could be done about fencing a portion of the soccer area in Rockingham Farms to pre- vent the balls going in the pond, and also get costs for placing concrete abuttments in the area of the culvert on Regency Drive and cleaning out that area. Seconded by Mr. Versace • Motion Unanimously Carried Mary Schmalz commented that she was told there was no fencing available'for this area.She then stated she would like to put in a formal complaint to the Town Board against the Summer Director. She had toldrIthe'Chairman that she=was'going to put in a formal complaint, and was told that was her privilege. Her complaint was that at the last meeting of the Recreation Commission in Mayr it was discussed and decided that on the 1st of_June-the playground Director would'meet.with the Director for an organizational,meeting. At that time the Directors had been approved that were to be hired, the Aides were not approved as yet. She came down on the 1st of June to the Town Hall for that meeting; she waited for 21/2 hours, she was not informed that:the meeting had been cancelled. She again informed the Recreation Secretary that she wished to be informed when the mext meeting would take place. At the June 9th Recreation meeting she discovered the Director had held a meeting with the Directors and Aides. When she asked why she wasn't in- formed, the Director told her he did not want interference, that he didn't want her present. She would like to know what her legal rights were as a Recreation Commissioner since he is an employee of the Town. Mr. Clausen noted that there was another possible hazardous condi- tion out at Rockingham Farms Development. The culvert that goes under the road that goes to the sewer plant and playground area is hazardous because, unless familiar with the area kids on bikes or cars can go off the road into the open ditch. He asked if the Highway Department and/or the Recreation Commission could look into the basic problem of the entrance road. Mr. Diehl indicated a letter had come in on this matter today from Mx. Horton stating that when he had initially put the blacktop on and culvert in he had set 12 ft. telephone poles on both sides, in four different 113 positions, cross sectioned the poles with poles going across, and blacktopped over the poles, and the telephone poles are now missing, pulled out of the ground and taken away. A pure case of vandalism, and he recommends the only way to solve the problem is a concrete abuttment on both sides, at an approximate cost of $1,500. Mr. Jensen commented that in discussing putting in concrete abuttments, in the area where the culvert goes under Regency Drive also needs some abuttment on that property where that stream crosses, at the same time that area could be cleaned out where a sand bar has been created, so if they are going to go any further 'with work on the road they should get a cost of that other abuttment and maybe the whole job .can be done: at one time. (This was incorporated in the motion on the floor regarding snow fencing in -Rock ingham:prior to the vote). Getting back to Mrs. Schmalz' complaint, Mr. Diehl stated he would entertain a.motion _for the Attorney to investigate the proper procedure, Roberts Rules, authority that should be followed, in cases such as this and Mr. Versace stated he would second such a motion, but he also believed the Town Board should set up a meeting with the parties involved and discuss the situation that has been presented to the Board. This issue should be resolved one way or another. Mr. Diehl had no objection to a meeting but felt tht Board should get a ruling first; Mr. Clausen agreed with Mr. Versace. He thought Mrs. Schmalz was not.only asking for what the legal rights of a Commissioner are, but it is a complaint that the Recreation Director is taking what she feels is;a Commission Member's right, as far as interviewing and hiring prospective aides, into his own hands, and ignoring the Commission members imput. In his own mind the moral rights and responsibility is in the hands of the Recreation Commission members and not an appointee of that Commission. Discussion ensued'as:to the procedures followed, appli- cations, hiring interviewing. Mrs. Schmalz made the accusation that she wasn't allowed to see all the applications. 'She would like to know everyone who applied for a summer job, whetherinmaintenance or otherwise, she would like to see copies of every application and she reiterated her complaint that she wasn't notified of the can- cellation of the meeting to interview applicants nor was she notified of this rescheduled interview. Mr. Versace believed this was an internal problem involving an appointee of the Board and a personnel problem and he felt a meeting should 'be held when there is a sutuation-'such as this because it has to be resolved because he believes there are a certain amount of procedures that have to be followed, and when a person works for the Town he thinks he should follow the procedures. Mr. Johnson thought that a situation like this the question should be asked, is our Recreation Director acting at the direction of the Recreation Commission, if the Recreation Director is acting within the direction of the. Commission he doesn't see where the Town Board should be involved. If the Recreation Commission in fact issued an order and it was not followed, at that point it would be up to the Town Board to make sure that the regulations are to be followed. He doesn't believe that one member of any Board has the authority to direct any employee to do anything, it's the direct action of the Board as a whole; but he also conceded that if there was an internal problem there was nothing wrong with having an informal- discussion with the people., He also felt the Board should allow the Recreation Commission to look at its own problems, give-the Board a written report,' and when the Town Board has anotherside to a situation they' can act accordingly. Mr. Clausen concurred with Mr. Johnson-about meeting with the Recreation Commission to find out what their policy is in relation to authorization. He doesn't, however, think this is so mucha legal .responsibility as it is a moral one, or polite consideration to honor a request of a Commission member. MR. DIEHL moved that a meeting be scheduled with the Recreation 335 Commission at the Town Hall July 7, at 7:00 P.M. regarding the subject just discussed. Seconded by Mr. Clausen Motion Unanimously Carried Supervisor Diehl recognized Dr. D. J. Hannigan County Legislator, and asked him if he had a few words for the Board, or if there were any Board members that had questions for him. Mr. Jensen asked him about the status of the culvert under Myers Corners Road, as the Town was quite desirous of having this done. Dr. Hannigan stated that so long as Mr. Lapar has everything Mr. Spratt wants, he can do nothing except press Mr. Spratt. As far as he knows, Mr. Spratt is harping on a picture of what it's going to be south of Myers Corners Road when the new culvert gets put in. He still thinks there is a little doubt about that. Mr. Diehl mentioned the prior discussion on Dr. Hannigan's communica- tion regarding keeping dogs in the pound, and informed him the Board wished him to give them a date, what you might call a shutoff date; on the opration as it is being done now, to the five day limit, and then the Board would work on it for next years budget. Dr . Hannigan commented that the mechanism is set up already, he can just go to five days, he just hates to do it. He then stated he will not take any other steps this year, and let's assume that after the first of the year there will be an adjustment one way or another. Dr. Hannigan then informed the Board of some of the actions taken by the County Board of Legislators at their meeting of this date, and discussion went into the bikeways, and Mr. Jensen asked about the ingress and egress of New Hackensack Road on to Route 9, since it was the shoulders of some of the roads that will be used for bike paths. The intersections of Route 9 with not only New Hackensack Road, but also Myers Corners and Old Hopewell had not been finished off properly. Dr. Hannigan said there shouldn't be a problem, just inform him of these problems. Dr. Hannigan, in conclusion mentioned that several years ago he had suggested bikeways, or wide shoulders be promoted in the new developments as they came in, and hasn't noticed any accomplishment of this as yet. • The application by the U.S. Cablevision Corp. for a renewal r franchise, received April 5, 1977, was again placed before the • Board for their consideration. There had been no communication from the attorney. Mr. Jensen presumed that although no action has been instituted by the Board, it is assumed that the service will still be provided to the customers. It was brought out at the last meeting about the length of the proposed franchise - 10 years - and Mr. Clausen had asked this be looked into to possibly shorten that to five years. He also had a few questions to add, since Mr. Rappleyea has not responded to the first request, one, that in the franchise agreement there are in the FCC regulations, provision for access requirements for public use, which could be used for programs by the school district or other organizations. The school district doesn't feel they are getting enough access time. It seems there is no place, that he can find, in the appli- cation for renewal or other contracts where the work access could be more clearly defined, it's very nebulous, what is the commit- tment that the CATV guys are supposed to give to the Town and the school district? What he would like to do is attempt to nail it r down in the renewal, in some words that anyone reading it can understand it better. He also remarked that Mr. Erichsen indicated at a public hearing that some time in the future they would rebuild • the cable line on Myers Corners Road and it would give access right to the Myers Corners school or Ketcham High and in that way pro- - c gramming could originate right from the school rather than going down to Beacon with the tapes etc. He would like to find some 337 words to nail that down, and siso put it in a time frame. MR. JENSEN moved that the Attorney to the Town be directed to draw up the provisions for acdess for public use more definitively in the CATV franchise along with a shorter franchise period - five years instead of ten years. Seconded by Mr. Clausen 'r Motion Unanimously Carried An update report was received from Mr. Lapar concerning the request to supply water to the Brettview Water District, East Fishkill. Mr. Lapar was requested to supply the Board with cost figures. r' The following report was received: June 1, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls,'N.Y.:n :-Re:. Ardmore Hills Water Imp. Area Roadway Resurfacing Dear Board Members: As per the request at the Town Board meeting in May, Mr. William P. Horton and myself met on May 31, 1977 at 10:00 a.m. and dis- cussed the repaving of the roads in the Ardmore Hills Subdivision after the water lines are installed. The Contractor's price is approximately $8.00 per foot for a 2" binder course and 11" surface course. Mr. Horton and I believe that at this time, the Town would pave the roads probably for $10.00 per foot. It should be noted that the Contract was bid in 1976 and the Con- tractor held his price over one year, for the advantage of all concerned. We feel that this is a legitimate price and that the Contractor should repave these roads. The specifications, of course, call for complete supervision by Mr. Horton and we feel certain that these roads will be paved as well as if the Town had paved them. I hope this answers your questions. 338 Thank you. Very truly yours,: s/ Rudolph E. Lapar, P.E. Mr. Versace still believed the paving of the roads in Ardmore Hills should be a Town charge, it is a Highway improvement. He still felt they were changing the policy again. Mr. Clausen asked Mr. Horton if he would have the time and resources to resurface the roads, to which Mr. Horton responded if he could get the blacktop, that .was a big problem this year. But he pointed out that the prices bid: were last year's prices, and everything has gone up it wouldn't be as cheap as they did it before. Mr. Jensen said he would agree to using Federal Revenue Sharing money if it would be less expensive for the Town to do it rather than the contractor, but as costs are inflated, and again not matching apples and apples - the last projects were the whole road surface, at a lower cost than the contractors, this was only on the one side of the road, but not damaging the road to the extent when the other water and sewer lines were laid. He feels they should leave the contract as is, let the contractor repave the road. Mr. Johnson commented that he knew of no policy that says that the Town will take on the expenses of paving the roads, and frankly, if they did it on a -particular special occasion, because it was to our advantage, that's the odd one. Now it would be -a change of policy if we started pulling all our contracts and going to Town Highway and Town charges across the board for all the improve- ments in the districts. He doesn't recall any resolution -of this Town Board saying that that is a Town policy. He also said he would recommend it if it was financially advantageous, but at the present time we can offer our people no advantage by paying more money for a job and he also recommends the Board leave the contract as is, especially in view of the fact that Mr. Alexander has held his price while the Town delayed it for close to a year. Mr. Versace persisted in his belief that since it was done in other L districts, and the Board then had agreed that it was reasonable a Highway charge, that they would treat all districts the same. It still wasn't a benefit to them Ardmore residents even though it was less expensive for the contractor to repave the roads. Those residents had contributed to the paving of the roads in other districts and he didn't feel this was fair. If you're going to do it once, do it again. He said he would vote no if the Board moved -to keep that portion of the,contract,in (of paving the roads). Mr. Jensen stated that it was just the reverse, if Mr. Versace wanted a motion to delete it was his option. MR. VERSACE moved to delete that.portion,of the contract for the repaving of the roads and make a change order to that effect, and to:have Mr: Horton, Highway Superintendent repave the roads,in the Ardmore Hills Water District.., - Motion Failed for :Lack of a. Second 'The following letter and report were received: May 30, 1977 Mr. Allan E. Rappleyea, Atty. 25 Market Street Poughkeepsie, New York Dear Mr. Rappleyea: At the Town Board meeting held on May 23, 1976, Mr. Diehl inquired about previous agreements on drainage which might be relevant to my request to have the 760 foot Apple Orchard drainage link comp leted .: , Theattached letter to Mr.. Longhitano is the only agreement we have made. I think you will agree that this is not relevant to the matter beforethe Board. In 1974 I was informed by Mr. Dangler of the Apple Orchard Development, as well as the Town Engineer, that the Town had agreed to pick up the Apple Orchard storm drain at Kent Road and run pipe down to the stream at Lake Oniad. Furthermore, contracts for this work were actually let,: but failed to be completed due to cost overruns. This is the agreement I feel is relevant and should be clarified at the next meeting. Sincerely, s/ Edward Sailer 333 June 8th, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, NY Re: Your letter dated 5/27/77 concerning drainage in the vicinity of the Sailer property off Kent Road. Gentlemen: In response to your inquiry regarding agreements and/or stipulations that might exist with development in this area on storm or backyard drainage, the Planning Board would like to take'thie opportunity to advise you that they have no record of any drainage agreements. Further, the only information that the Board appears to have available is a copy of the drainage plan`for Ye'Olde Apples Orchard Section 3 which indicates a 24" pipe with the note "for connection to the Town of Wappinger Storm Sewer". A copy of said plan is attached. 1-3 In view of the fact that the Planning Board has no further information, they would like to suggest that the drainage contracts for the period of 1972 thru 1974 be researched for an indication of the intent to complete the drainage link. The Planning Board would like to urge resolution of this matter as it is causing a delay with the final subdivision plan approval process. Thank you for your cooperation. Very truly yours, s/ Betty -Ann Russ, Secr. T/W Planning Board Mr. Diehl commenting that the Planning Board had nothing on this, asked Mr. Horton if he had any problems or agreements there.' Mr. Horton answered no, Mr. Diehl understood that the contract was not completed because they ran out of money to complete the drainage that is being referred to. It was a proposed Town drainage project. MR. DIEHL moved that Mr. Lapar be directed to rebid the section of the drainage that we are referring to and' the Board move to formulate a method of bonding for completion of this project. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes Motion Carried Mr. Jensen ---Nay 341 Prior to the vote, a lengthy discussion was held. Mr. Versace asked Mr. Adams if, the Board had to go out for another referendum after they get the costs of completion of this portion of the original project which had been deleted due to depletion of the original bonding money. Mr. Adams stated he would have to defer to Mr. Rappleyea on, that question. Mr. Versace asked that. the attorney supply that answer at the nextBoard meeting. Mr. Sailer asked why some of the downstream drainage fund couldn't be used, and was advised. there wasn't enough money at present to cover.it. Mr. Diehl remarked there had been some talk also of Mr. Sailer committing funds for this project, which he would be against because there, was, noway of -knowing if the Planning Board would give him approval, and he wouldn't want that t9 in some way commit that Board. In discussing financing, Mr. Versace again requested Mr. Ryan's presence at the July. Board meeting. so that when the question comes up again (of financing by bonding or otherwise) the Board can have some answers,, He could provide information, if they didn't have to go to referendum, of what areas could be drawn from to complete this project. Mr. Diehl asked Mr. Lapar in the meantime if he would do whatever engineering work that is necessary. Mr. Lapar commented that apparently Mr. Diehl didn't want to commit to Mr. Sailer, but yet if they go in the road it's going to cost a heck of a lot more money than if they go into his easement. He didn't want to bid it. Mr. Diehl believed the point was that Mr. Sailer had offered his land for the easement, he just didn't want Mr. Sailer to con- tribute funds for the project. That way, after it is done Mr. Sailer would still have to go through the normal procedures, of the Planning Board to get an OK, he didn't believe that would have any effect on his agreement of using an easement through his land. &40 Mr. Sailer stated itsWouldn' . Mr. Ver'sace asked if there'wasn't a Town easement already, and Mr. Lapar indicated there Was but it would be much more expensive io go in the ioadthan to gb in an easement - 25 ft. easement - which Mr. Sailer has agreed to give. Mr. Johnson remarked that where the contribution question stemmed from wasdiscussion about the downstream drainage fee of $200 per lot when the subdivision goes before the Planning Board. The subdivision may or may not get Planning Board approval, but what we're saying at this point in time is that Mr. Sailer has offered to allow the drainage pipes to go on an easement that he would give the Town on his property, thereby cutting down our costs considerably, it has nothing to do with whether he goes to sub- division or not, he's just going to be willing to grant the Town an easement on the property, that's the way the Town is understand- ing it, that' we're to bid it to go through an easement on the property not through the road. ' We will pick up from the dead end and we will continue down some easement that we will get, that will be determined. Mr. Lapar commented that was the way he understood it, but anted to make sure. Mr. Jensen cautioned that there were also other projects that have been curtailed because of lack of funds, and he believed the Board would be" opening up.a whole new area of drainage problems that are through- out the TOWn that will have to 'be solved. OVei'a year ago hehad asked the Board to grant fundi'to continUe-the drainage study Phase II and come up with a drainage program of x dollars to save a million dollars. He felt the Board-hould' be 1ookingatn overall Pin, this way there is no direction. 'He would'be hesi- tant Eorthe-BOardito'd-irange for bonding resolutions on this until they we're doing something about the other drainage problems in the Town. ' biehl felt -this Was something 'the Board had com- mitted to years ago, and it's in the part of the study that we've worked on, it's something we were unable to complete before, and we are now completing the project, at this point the roll call vote was taken. 343 The letter from Fred J. Lafko regarding the bids on "Improvements to Various Sewage Treatment Facilities" tabled from the last Board meeting was again placed before the Board. Mr. Johnson commented that, based on informal discussions with the sewer operator on these various problems, he believes the Board anticipates a meet- ing on the 27th of June, at which time it would be an appropriate time to bring up Mr. Lafko's letter along with the other water and sewer problems. Mr. Diehl directed that this item be again placed on the July Agenda based on the comments of Mr. Johnson. The following memo was received: June 7, 1977 Elaine H. Snowden, Town Clerk Town Hall, Mill Street Wappingers Falls, New York Dear Elaine: The recessed Public Hearing regarding Junk Yard Ordinance and renewed license for Mid -Hudson Wreckers on Route 9D has been cancelled in view of the fact that the Attorney to the Town has advised no new evidence -has been found .to verify the Junk Yard Ordinance and/or law had been properly adopted by the Town of Wappinger,. Request this be placed on June Agenda for the Town Board to review the present law and/or revise, update and adopt upon this revision. Very truly yours, s/ Louis D. Diehl Supervisor T/W Mr. Diehl commented that at this time there is some question as to the proper adoption of the Junk Yard Ordinance that was proposed in 1962. He would like to introduce the Ordinance again, adding another paragraph to the end of "Section 4 - Application for License" --"No license shall be issued or renewed to any person who, at the time of such application is in violation of any other local 344 law or ordinance of the Town of Wappinger or the County of Dutchess". MR. DIEHL moved to introduce an Ordinance Licensing and Regulating the Activities and Businesses of Dealers in Second Hand Materials, Junk and Used Auto Parts. Seconded by Councilman Clausen. (The Ordinance as introduced is attached hereto and made part hereof of the minutes of this meeting). MR. JENSEN moved that a Public Hearing be set for June 29, 1977 at 7:30 P.M. at the Town Hall, Mill Street on an Ordinance Licens- ing and Regulating the Activities and Businesses of Dealers in Second Hand Materials, Junk and Used Auto Parts, at which time all interested persons will be heard. Seconded by Mr. Diehl, Motion Unanimously Carried Mr. Versace noted that in May some informal bids had been received for flushing sewer lines in Oakwood Knolls and Mr. Lapar reported that -there was 4,600 feet to be flushed in that area. It is needed because there have been backups in other areas and now would be a good time to flush all the lines in that particular district as some isolated flushing has been done already. MR. VERSACE moved that Hycon Construction Systems, Corp. @ $.20 a foot, be contracted with to flush the remaining footage in the Oakwood Knolls Sewer lines and the Fleetwood Sewer lines if the money is available in the accounts. Seconded by Mr. Clausen Roll Call Vote: 5 Ayes 0 Nays 1 1 Mr. Versace also noted that at the May meeting he had requested information as to when Mr. Lapar would be submitting to the Board the study on Wappinger Sewer Improvement 4 3. Mr. Lapar commented that he believed the Board had received the letter he had submitted to the EPA, and there were some items he felt should be discussed with the Board, and he would like to have a meeting with the Board on this, based on his conversations with EPA. They had some ques- tions where he believes the Town Board should take a position. Mr. Versace asked Mr. Lapar to forward to the Board his correspondence to and from the EPA so they could have an opportunity to review it before setting up a meeting with him. Mr. Diehl entertained a motion for adjournment since there was no other business to come before the Board. MR. JENSEN moved the meeting be adjourned, seconded by Mr. Diehl and unanimously carried. The meeting adjounred at 11:12 P.M. Reg. Mtg. 6/13/77 th.4 01LUQ N auutkxii.2c,. Elaine H. Snowden Town Clerk 345 346 TOWN OF WAPPINGER .AN ORDINANCE LICENSING AND REGULATING THE ACTIVITIES AND BUSINESSES OF DEALERS IN SECOND HAND MATERIALS, JUNK AND USED AUTO PARTS \_ SECTION 1 - LEGISLATIVE INTENT. •` By'the adoption of this ordinance thgTown Board of the Town of Wappinger . declares its intent in so doing to bt! a regulate, control and license the . activities of businesses known as auto "graveyards", junk yards, second-hand parts collection areas, the processing of used metals for resale and the dumping, storage, and disposal of waste, second-hand or used materials of whatever composition:' Said Town Board hereby declares that such activities or businesses can constitute a hazard to property and persons and a public . nuisance. Such materials may be highly inflammable and sometimes explosive. Gasoline tanks on old automobiles often contain in some quantity combustible gasoline; the engine and other parts of such automobiles are frequently covered with grease and oil which is also inflammable. The tires, plastic seats, tops and other elements of such autos are also inflammable. Batteries and other elements of such autos can contain acids an4 other -matter potentially harmful to humans. These autos frequently contain sharp metal or glass edges or points upon which a human could receive serious cuts and abrasions. These autos can constitute attractive nuisances to children and certain adults. The presence of such junk yards even in areas zoned for business or industry is unsightly and tends to detract from value of surrounding land and property unless such areas are properly maintained and operated. SECTION 2 - DEFINITIONS As used in this ordinatice: (a) The term "person" shall mean an individual, an association, a partnership, or a corporation. ..(b) The term "auto" shall mean.passenger auto, truck, tractor -truck, _-trailer, bus, motorcycle, or other vehicle, however propelled, as well as tractors, bulldozers, machinery and equipment. SECTION 3 - LICENSE REQUIRED No person shall engage in or conduct on real property within the Town of Wappinger either.for himself or for and on behalf of any other person directly or indirectly as agent, employee, or otherwise any activity or business either. for profit or otherwise, at wholesale- or retail, which involves the collection, storage, burning, dumping,,disassembling, dismantling, salvaging, sorting or otherwise handling or arranging for sale, resale, storage, or disposal, or otherwise of bodies, engines, or parts of autos, or of any other second hand or used property of whatever material it is composed or any waste material whether composed of wood, paper, cloth, cardboard, plastics, metals, stone, cement, or otherwise without first obtaining a license therefor as hereinafter provided. • - 347 - 'SECTION 4 - APPLICATION FOR LICENSE, Each applicant for a. license here under shall execute, under oath, an application therefor to be supplied to him by the Town Clerk, which shall contain the follow- " •.ind information: That the applicant is over twenty-one (21) years of age,. that he is a citizen of the United States, and such other facts or evidence as is 'deemed necessary to establish that he'is a person fit and capable of properly ..conducting .the activity or business for which the license is sought; a descript-- --'ion of the exact:type of business he intends to conduct, the nature of the materials he intends to handle; the number of employees_be intends to.engage; and.the name and address of the owner or owners of-.the land and the nature of. .the right of occupancy of the applicant to the usebf such. land. . ..At the time of making the application the applicant shall submit to and file with the Town.Clerk a map or plan of the. real property upon which he • intends to-conduct the activity or b#isiness for which he is making application - for a license hereunder.with the area of such real property which it is pro* posed to use for.such purpose, the location of the fence required hereunder • "indicated thereon as.well as the location of any buildings on such land and - the location of any.streets or highways-abutting or passing through such land and the location of any water, sewer or gas mains or laterals available there- -to as well as the general drainage pattern of such land. - In the application the applicant shall agree that if granted the license applied for he will conduct the activity or business pursuant-to the regulations hereinafter set forth and that upon his failure to do so such license may be revoked after due notification and hearing set forth in Section. 5 hereof. .A person presently engaged in or conducting an activity or business such as described herein, on real property within the Town of Wappinger must apply for a license therefor within 30 days of the adoption of this ordinance. If . :the place where he conducts such activity or business presently complies with the requirements a person must meet to secure a license in the first instance; - he shall be issued a license therefor if he meets the other requirements con- tained herein. If the place where he conducts such activity or business does not presently comply with the requirements a person must meet to secure a license in the first instance he shall be granted a temporary license for one', .year, during which ye9i he must arrange the place where he conducts such activity or business so that it does then comply with the requirements a person must meet to secure a license in the first instance. :If at the end of. such year such person has not so arranged his place of such activity or business he shall forthwith cease and desist engaging in or conducting the same and shall remove from such place any autos, parts or other materials of the nature described herein. - - If the person conducting such activity or business is not the sole owner thereof he shall state such fact at the time he applies for his temporary _ license and the Town Clerk at the time of issuing such temporary license shall - send the owners or each-of them a notice..of the issuance of such temporary . license to such person together with a. copy of this ordinance. No. license shall be issued or reuewed to any person who, at the time of such application is in violation of any other local law or ordinance of the Town of Wappinger or the County of Dutchess;.- • -2- 348 • SECTION 5 - THE LICENSE The fee for the license is hereby fixed in the sum of $25.00•which sum covers not only the cost of issuing the license itself but also the cost of making the necessary inspections of the premises to ascertain compliance with the. regulations hereinafter prescribed. _ Such license shall be placed and at all times displayed in a conspicuous place at the license's place oftactivity or business for which it is issued. Such license shall be effective from the date of its issuance until the 31st day of December of the year of such issuance after which a new application for license must be made yearly if licensee desires to continue such activity or business. �. Such license is personal with licensee. It does not go with -the title of the land nor may it be sold, assigned, transferred or disposed of. The grant- ing of a license to a successor in f terest•or a transferee shall not be arbitrarily withheld. Such license may be revoked by the Town Board after a public hearing thereon at which time the licensee shall have an opportunity to be heard. Upon revocation of a license the Town Board may require the removal of autos, parts and materials left as above provided in the case of an applicant for a temporary license who fails to qualify for a -license. - In the event that an applicant for a license as provided herein shall have previously been duly issued a valid and effective Junk Dealer's license by the supervisor of this town, pursuant. to the provisions of Article 6 of the New York State General Business Law, then such.applicant shall be en- titled to• and allowed a credit against the above provided license fee in the amount of $5.00 such Junk Dealer's license fee actually paid by such applicant;. otherwise, this ordinance shall be fully binding upon and applicable to the holder of any such Junk Dealer's License. SECTION 6 - REGULATIONS' Subdivision A - The Licensee shall conduct such activity or business in a manner to minimize the fire hazard and to prevent improper trespass thereon by children and others. Subdivision B - All materials dealt in by the licensee shall be kept within the premises and if such an area abuts a residential or commercial area or a public street or highway, the licensee shall erect a fence, or hedge or other barrier not in itself inherently dangerous adequate to prohibit the unauthorized entrance of children or others into the area of the activity or - business. Subdivision C - The Licensee shall provide sufficient fire lanes throughout the premises maintained to adequately permit entrance of a fire truck, and all materials must be kept at least 10 feet from the boundary lines of the premises where the same abuts a public street. - • Subdivision D - The auto parts and materials dealt in by the Licensee shall . be dis-assembled or dismantled in a safe manner, and shall be piled or arranged in neat rows so as to permit easy, clear passage throughout the area. All burning shall be in an area maintained especially for burning and pursuant to the safety measures of the trade. Any area designated or used for burning shall be at least 25 feet from any boundary line of the Licensed premises and no burning shall be permitted or allowed on any. Saturday, Sunday, Monday or legal holiday. �.• Subdivision E - There shall be maintained at each such -place of activity or ,business for which a license is issued at least one (1)fire extinguisher of approved design and capacity for each 40,000 square feet of area in active •. use. Each such fire extinguisher shall be hung or mounted in a conspicuous place, clearly marked and available. Subdivision F - The Licensee shall keep the premises properly supervised and when not so supervised shall take adequate precautions to prevent the entry 'of children or others into the.area. —Subdivision G -The area of the licensee's activity or business shall not be used as a garbage area; or as a place for the burning and disposal of garbage. Subdivision H -.the town police.the Town Clerk, or the town board or. any of its representatives shall be.granted access to the area of activity or business of the licensee at all reasc(nable hours to inspect the same for compliance herewith.- • SECTION 7 - VIOLATION OF ORDINANCE AN OFFENSE: PENALTIES THEREFOR. Subdivision A - The.. owner or licensee of any such place of business who .commits or permits any acts in violation of any of the provisions of this ordinance shall be deemed to have committed an offense against such ordin- ance, and also shall be liable for any such violation or the penalty there- for. Each day such violation shall continue or be permitted to exist shall constitute a separate violation, after a..ten day notification duly served. on the owner thereof. Subdivision B - For every violation of any provision of this ordinance the person violating the same shall be subject to a fine of not more than $25.00. Subdivision C - Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $25.00 for each -such offense. Such penalty shall be collectible by and in the name of the Town for each day that such violation shall continue. Subdivision D - In addition to the above provided penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in 'a court of competent jurisdiction to compel compliance with or to restrain by injunction lthe violation of such ordinance. SECTION 8 - REPEAL All ordinances or regulations heretofore adopted in conflict with this ordin- ance are hereby repealed. • SECTION 9 - SAVING CLAUSE If any clause, sentence, paragraph, section or part of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judge- ment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversary in which such judgement shall have been rendered. SECTION 10 - EFFECTIVE DATE This ordinance shall take effect ten days after publication and posting or immediately upon personal service as -provided by Section 133 of the Town Law. 348 272, A Public Hearing was held by the Town Board of the Town of Wappinger on May 23, 1977, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on an Ordinance Amending the Zoning Map of the Town of Wappinger ( D'Agostino Nursery to HB2). Supervisor Diehl opened the Hearing at 7:05 P.M. The Town Clerk offered for the record the. Affidavits of Posting and Publication duly signed and notarized. Notices had been sent to the newspapers and radio stations and posted on the Town Clerk's Bulletin Board. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Elaine Snowden, Town Clerk Absent: Louis Clausen, Councilman Frank Versace, Councilman The Town Clerk read recommendations from the Town of Wappinger Planning Board and the Dutchess County Department of Planning. The Town recommended in favor of the rezoning. Dutchess County Planning"this rezoning be disapproved as it would be contrary to Town Development Plan and would adversely affect traffic on Route 9. Permitting the expansion of an existing business must be carefully weighed against the potential of an increase in commercial establishments on the site. Consideration should also be given to the setting of a precedent in this decision, adjacent properties might look for similar relief." Supervisor Diehl asked for questions from the Board and the audience. Mr. Russ represented D'Agostino and two gentlemen from the nursery were present. Mr. Russ explained that the greenhouses that were there now were temporary. They would be in the back, this was so stated when it went in fron of the Planning Board. The front would be for display and parking, there would be parking over and above what the Ordinance calls for in that zone. They would pave what was required by the Ordinance and gravel the rest. 2'72 0, There were no further questions or comments from the Board or the public. Mr. Johnson moved to close the Hearing, seconded by Mr. Jensen and carried. The Hearing closed at 7:13 P.M. l \s L �1 ect Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) says: POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 272�,� 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 she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 10, 1977, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance Amending the Zoning Map of the Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Sworn to before me this Z. 3 day o v MAA Notary Public 1977. ( 1 fl Elaine H. Snowden Town Clerk Town of Wappinger DONAUD G EJCK Notary PoJhc of t+av Y.1-4 State Nes du•J UUtc'tei3 Count/ Commisaioa expires March 30, 107(r W. and 5. D. NEWS DISPLAY ADVERTISING 272 D CLASSIFIED ADVERTISING 914297-3723 84 EAST MAIN STREET . WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board -of the -Town. eF WappingK will conduct a public hearing at the - Town Hell, MITI- Sfner:-W Falls, New York, an May23, 1977.97:00 P.M. EDST, to Mar a11- cerning• the rezoning oil described parcel to FI11-2: ORDINANCE ' The following Ordinance was in- troduced by Councilmen who mored its adoption: SECTION 1: The zoning. map of 1M^ Town -of Weppinger as adapted on January 29, 191133 end.es emended from - time to time and Is hereby. further 1 amended by the rezoning ofthe following ' described percent° 1462:- PALL oercel ertain land sittS, Iy wiifl0 n be , I Town of Wappinger, County 01' chess and State of New -York, mere ticularly„bounded end-dsicrl fol lows: . BEGINNING of, on the Southerly side • of Sm Intones Road distant 130.42 feet on • course of North 79 degrees 11' 10" East front* New 'fork State Monument at the lefe section of the westerly side of Route 9 with the southerly side of Smithtown Road. Running thence SouthSdegrees 23' 33" West 633.00 feet to a peint; running thence Norfh 79 degrees 31' 25" West 77.02 .feet to a peinfx running thence Mach, 12 degrefeet es 47' n heigterly side of Post Road; running thence alpng'.•easter side of Old Pest Rood North °rees 20" East l33r13343 fest. t• • pointaruming ld Posit Road Norp�tohoii3 g the Bess 23' *' East 212.21 feet to t the liftersection of Me easterly side ofnt eOld Pah Road and . the southerly -side' o1-3rnHhferwr Road; running thence North eldegrees 02' 2" East 370.92 fest •loop the tnly er1lds of Smithtown Road M+ a point ng thence Nort* 74degreea3l'9"' .est�91.33 feet . along- thR--souWrrlyy; stair of Smithtown Remit, the pointor piece et n beg i& Conslsing .of=`approxlmetely S.3- acres.' - - SECTION2:This OrdInancashoitteke peoostintg.. pub Iy upon.adop _ flan, Town Lew. F• EIalneM.Snowden Teem Clerk Town of Wappinger Dated: May 10..1977` AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger. Beatrice ©sten of the Town of Wappinger, Dutcheu County. New Yak. being duly swan. says that he is. rind it the several times hereinafter was. the. g4: PP.V P:1171,{► 1;eir 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 in the said newspaper for ... P. ... week successively...91IM .. in each week. commencing on the....U.tb.day of Ploy 19.77 and on the following dates thereafter. namely on and ending on the J.J.X,J'iday 19.77 both days inclusive. Subscribed and sworn to before me this 11XXi..day of 19...77 Notary Public My commission expires ALSERT M. OSTEN CF NEW Y0 COUN1I CO Z.MtSIQ N J f I L. '.iAa;11 3D►19