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1977-04-25 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 25, 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. REPORTS OF OFFICERS Supervisors report Audit of Accounts for year 1976 4. RESOLUTIONS Local Law providing for Publication of synopsis of T/W Ordinances 5. PETITIONS & COMMUNICATIONS a. Resignation of Geraldine DeAngelo from Cons. Adv. Council & recommendation from Council to fill vacancy b. Resignation of Sylvia Anderson Zoning Adm. c. Recreation Commission - 2 Terms expire 5/1 - Maurer & Beahan d. Rezoning request from Dom D'Agostino's Nursery e. Lawrence Inglo re: Swere tax bill increase f. Notice of Public Hearing T/ Fishkill - Zoning Ordinance g. Planning Bd. - suggestion to send letter of appreciation to R. Steinhaus h. R. E. Lapar Reports: 1. Sewer Cleaning 2. Water leaks in house water laterals i. L. Diehl Memo re: Civil Defense Auxiliary Police - 4 Jackets j. Peddlers License application Brenda Spagnola k. Ron Friedman re: Impact Study & Flushing, Oakwood & Fleetwood S. Districts 6. REPORTS OF COMMITTEES 7. UNFINISHED BUSINESS a. Planning Bd. recommendation - Down Stream Drainage Fees b. Building Insp. re: Roof & Footing drains and Plot Plans w/C.O.'s c. H. Mangold to A. Rappleyea re: CATV rate Increase request d. M & G Sanitation e. Valley View Farms Subdivision fee request f. E. Hawksley re: designation of Cons. Adv. Council as reviewing Agent for SEQR g. Truett Drainage problem 8. NEW BUSINESS 9. ADJOURNMENT 227 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 25, 1977 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:17 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 Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town The Supervisor's report for the month of March, and the Annual Audit of accounts for the Town for the year 1976, prepared by Pelligrini & Sedore, were received. MR. CLAUSEN moved the Supervisor's Report for the month of March, and the Annual Audit of accounts for the year 1976 be accepted and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Councilman Jensen introduced a Local Law providing for the publica- tion of a notice and a brief description of Ordinances of the Town of Wappinger, and seconded by Supervisor Diehl, (copy of which is attached hereto and made part hereof of the minutes of this meeting. The following Resolution was offered by COUNCILMAN JOHNSON who moved its adoption: WHEREAS, there has been duly presented andintroduced at a meeting of this Town Board held on April 25, 1977, a proposed Local Law entitled "A Local Law Providing for the Publication of a Notice and a Brief Description of Ordinances of the Town of Wappinger", and 228 WHEREAS, the provisions of Municipal Home Rule Law require that no local law shall be passed by the legislative body of the Town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED as follows: 1. That a public hearing shall be held on the said proposed local law by the Town Board of the Town of Wappinger on the 9th day of May, 1977 at 7:30 o'clock P.M. on such day, at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by Mr. Jensen. Motion Unanimously Carried The Town Clerk informed the Board that she had received and filed the resignation of Geraldine DeAngelo as a member of the Town of Wappinger Conservation Advisory Council. MR. CLAUSEN moved to accept Mrs. DeAngelo's resignation with thanks. Seconded by Mr. Johnson, Motion Unanimously Carried Mr. Hawksley, Chairman of the Conservation Advisory Council, forwarded the recommendation of the Council for a replacement for Mrs. DeAngelo. Their recommendedcandidate was Mr. John J. Perillo. MR. CLAUSEN moved that Mr. John J. Perillo be appointed to fill the unexpired term of Mrs. DeArmelo as a member of the Town of Wappinger Conservation Advisory Council. Seconded by Mr. Jensen. Motion Unanimously Carried The Town Clerk informed the Board that she had received and filed the resignation of Sylvia Anderson as Zoning Administrator for the Town of Wappinger. 229 MR. CLAUSEN moved to accept Mrs. Anderson's resignation with thanks. Seconded by Mr. Johnson. The following memo was read: Motion Unanimously Carried April 20, 1977 Town Board Members Town of Wappinger Gentlemen: In view of the resignation of Mrs. Anderson as Zoning Adminis- trator, I offer for your consideration and support the following: That the two departments, Zoning And Building, be combined into one (1) administration and the chief officer be Robert Ruit who is now the Building Inspector. I believe the two duties are capable of existing together in harmony and a most effective operation will be the result of this action. I have personally cleared this direction with the Dutchess County Department of Personnel who advises me this is possible and creates no problems. I believe the only necessary action is for the Town Board to make adjustments to Mr. Ruit to compensate for an additional work load. In the future, if necessary and economics improve and building escalates, we will at that time have to consider a Deputy for Mr. Ruit. I do not believe the' work load at the present time mandates this to be necessary. Again, I recommend at least a temporary appointment of Mr. Ruit to Building -Zoning Administrator subject to a permanent appoint- ment at a stated yearly salary. Very truly yours, s/ Louis D. Diehl, Supr. MR. DIEHL moved that Robert Ruit be appointed as temporary Zoning Administrator effectiveApril 29, 1977, and a permanent appointment for that office be made at a later date with a salary set for it. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Versace commented he had no objection to the appointment of Mr. Ruit as temporary Zoning Administrator, but he felt the Board should pursue still maintaining these as separate departments. 230. He would like to see the Building Inspector do more of the building inspections and he feels the water and sewer hookups would be coming back under this department, this is the additional work- load that should be put on Mr. Ruit and pursue another person for Zoning Administrator. Two terms of office on the Recreation Commission are to expire May 1, 1977, those of Mr. Hugh J. Maurer and Mrs. Jean Beahan, The matter of appointments was placed before the Board for their consideration. MR. JOHNSON moved to reappoint Hugh J. Maurer and Jean Beahan as members of the Town of Wappinger Recreation Commission for terms which shall expire on May 1, 1982. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Diehl remarked that there was another opening on the Recreation Commission due to the resignation of Joseph Ennesser as a member of the Commission which the Board has never acted on, and didn't know why the Recreation Commission had not forwarded a recommenda- tion. Mr. Clausen suggested Vernon Smith as a candidate for this vacancy. Mr. Johnson observed that the probable reason for not receiving a recommendation from the Commission was simply the fact they were looking for someone with a specific area of interest and talent to fill a need on the Commission. MR. CLAUSEN moved the appointment of Vernon Smith as a member of the Recreation Commission to fill the vacancy due to the resignation of Joseph Ennesser and which tenni shall expire May 1, 1980. Seconded by Mr. Diehl Motion Unanimously Carried The following petition was received: 231. April 5, 1977 Town Board Town Hall Mill Street Wappingers Falls, New York Re: Dom D'Agostino's Nursery Gentlemen: This is to advise you that I represent Mapac Holdings, Inc., on which Dom D'Agostino's Nursery is located. On behalf of my client, please consider this letter as a formal application to re -zone the property as shown on the annexed metes and bounds description to the HB -2 classification. The subject property consists of two (2) zoning parcels. The front parcel is already zoned HB -2, and it is the purpose of this application to re -zone the balance of this property (parcel 2) to HB -2. The reason for this request is so that the nursery can more fully utilize its property as more particularly shown on plans and specifications supplied by Richard G. Barger, P.E. & L.S. Accordingly therefore, please place this matter on your next Town Board Agenda for consideration. Very truly yours, s/ Peter P. Tavolacci MR. JENSEN moved to refer the rezoning request of Dom D'Agostino's Nursery to the Town of Wappinger Planning Board and the Dutchess County Department of Planning for their review and recommendations, and further, direct the Attorney to the Town to prepare an Ordinance. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: April 6, 1977 Members of the Town Board, I received your sta ttment for the Sewer Improvement #1 District, which amounted to $37.00. I personally think that a raise of almost 100% is outrageous and unjustified. My previous sewer tax amounted to $20 every 3 months. I would like to be shown just for what reason or reasons I should have to pay an increase of $17.00. Respectfully, s/ Lwrence C. Inzlo 20 Dara Lane '232 MR. CLAUSEN moved Mr. Inglo's letter be received and placed on file. Seconded by Mr. Jensen Motion Unanimously Carried MR. JENSEN moved that either the Supervisor's Office or the Comptroller respond to Mr. Inglos letter of April 6, 1977 and explain public hearings were held on the increase. Seconded by Mr. Clausen Motion Unanimously Carried A Notice of Public Hearing was received from the Town of Fishkill, and subsequently notice was received that -said Public Hearing was cancelled. Also a Notice of Public Hearing was received from the Village of Wappingers Falls Zoning Board of Appeals on an appeal of Jan Brown and his request for an interpretation of a section of the Village Zoning Ordinance. MR. DIEHL moved the Notices of Public Hearings be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: April llth, 1977 Supervisor Louis D. Diehl Town of Wappinger Mill Street Wappingers Falls, New York Dear Mr. Diehl: The Planning Board of the Town of Wappinger would like to take this opportunity to suggest that your Board send a letter of appreciation to Mr. Robert A. Steinhaus, former chairman of the Planning Board, for his years of service to the Town as a member of the Planning Board. The Planning Board would appreciate it if you would also convey their thanks to Mr. Steinhaus. Respectfully yours, s/ Betty -Ann Russ, Secr. T/W Planning Board 233 MR. DIEHL moved that a letter be sent to Mr. Steinhaus thanking him for his service on the Town of Wappinger Planning Board in the past years, and hoping him success in any future endeavors he might take. Seconded by Mr. Clausen Motion Unanimously Carried The following report was received: April 12, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Sewer Cleaning & Flushing Oakwood Knolls & Fleetwood Sewer Districts Dear Board Members: As per your request, this office has solicited informal bids to flush and completely clean the above referenced sewer sys- tems. The apparent low bidder was Hycon Construction Systems Corp. with the following bid: Oakwood Knolls 5,370 ft @ $0.20/ft $1,074.00 Fleetwood 8,940 ft @ $0.20/ft $1,788.00 We have enclosed a bid tabulation sheet for your review. If there are any questions, please contact me. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Jensen commented that there had been an emergency situation there since the request for these bids was made, so it would seem that these lines wouldn't necessarily have to be flushed again for a while yet. Mr. Lapar suggested the Board refer this matter to Camo, since only 751' of lines were flushed in Oakwood and 1,050' of lines were flushed in Fleetwood, and have them :hake some recommendations. 234 MR. JENSEN moved that the report on cleaning and flushing be sent to Camo Pollution Control, Inc. and request their recommenda- tions for the remainder of the lines that are in those two sewer districts. Seconded by Mr. Clausen. Motion Unanimously Carried The following report was received: April 14, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Water leaks in house water laterals Gentlemen: Through discussions with Mr. William P. Horton, Highway Super- intendent, it has come to our attention that when leaks occur in house laterals, the Town of Wappinger is often requested by the homeowner to make a determination on whether the leak is on the homeowners side, or on the Towns' side. This is frequently preceded by calls of lack of water pressure and lack of sanitary facilities. If the leak is found to be on the Towns' side, it is repaired. Often, if it is found to be on the homeowners side, that they fail to make repairs. This situation is not only to the detri- ment of the water district, but the whole area, since the ground has been disturbed in the area of the curb cock. It is my opinion that the Town should pass a resolution that, if the Town does take the time to make a determination, and it is quite obvious that it is the homeowners problem; the owner should be given a period of time to correct said, problem. Thank you very much. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Diehl commented his recommendation would be 30 days would be enough, since Mr. Horton has t$ken the time to open up the curb cock, a lot of work and expense has already been saved by the homeowner. MR. JENSEN moved that Mr. Rappleyea and Mr. Horton confer on this matter and recommend a procedure which could be established. Seconded by Mr. Clausen The following memo was received: Memo To: From: Date: Subject: Motion Unanimously Carried Town Board Members Louis D. Diehl, Supervisor April 12, 1977 Request from Inspector D'Onofrio of the Wappinger unit Auxiliary Police under the direction of the Dutchess County Civil Defense This agency is under the direction and request of the Dutchess County Civil Defense and the Town participates in any or all public gatherings such as School events, parades, fairs, social public gatherings and cannot set a fee. The service is donated by the Auxiliary in regard to time, such as a volunteer Fire Department. At the present the Wappinger unit has 16 members of which 4 are new members and the need for 4 jackets with the total cost approximately $108.00. In the past, donations which can be given have managed to defray necessary costs and at the present this means of income has declined making this request necessary. s/ Louis Diehl MR. DIEHL moved that $108.00 be transferred from the Town wide Contingency Account to Account #A3640.4 for the purpose of purchasing 4 jackets for 4 new members of the Dutchess County Civil Defense Auxiliary Police. Seconded by Mr. Clausen. Motion Unanimously Carried An application was received from Brenda Spagnola for a Hawking and Peddling License. The application had been referred to the Dutchess County Sheriff's Department, and returned indicating no criminal record on file. MR. CLAUSEN moved to approve the application and grant Brenda Spagnola a license for Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Johnson. Motion Unanimously Carried The following letter was received: 235 April 18, 1977 Mrs. Elaine Snowden, Town Clerk Town of Wappinger Wappinger Town Offices Mill Street Wappingers Falls, N.Y. Dear Mrs. Snowden, This is to confirm our telephone conversation of this date at which time I requested to be placed on the Agenda for the Town Board Meeting to be held on April 25, 1977. The purpose of this request is to enable me to address the Town Board concerning the newly enacted Local Law, adopted March 23, 1977, relative to Environmental Quality Review of proposed Actions. It is my opinion that the changes from the Model Regulations, as prepared by the New York State Department of Conservation, significantly alter the spirit and intentions of the State Environmental Quality Review Act (Part 617 of Title 6 NYCRR), and that these changes, as adopted by the Town of Wappinger, will seriously hamper efficient Town government and place an undue and unnecessary burden upon Town residents. Very truly yours, s/ Ronald B. Friedman PE The Chair recognized Mr. Friedman who, upon giving his background as that of having been Chief of the Environmental Engineering Section of the Dutchess County Health Departmnnt after having worked for that department for 10 years and is presently a consulting engineer licensed in New York and New Jersey, pro- ceeded to enlarge on the effects of the regulations as adopted by the Town Board with regard to the SEQR act would have upon the Town as opposed to the model regulations that were set up by the State. The whole law was to make sure that efficient and good environmental planning was incorporated in the early stages of planning, it is not meant to prevent any kind of development for building, not meant to hinder, it was just meant to make sure the best alternatives to a project were incorporated in the plans. When adopting this law, with modifications from the model, there have been, in his opinion, some very significant errors. He ex- , emplified Section 20 of the Regulations, pointing out that the model law said for these actions an impact statement may have to : p3'7 be prepared, the law as adopted says that an environmental impact statement must be prepared. He proceeded to go into depth as to how this significant change would affect the Town. He also made reference to the section dealing with air pollution and several other section he felt could be changed. In conclusion he sug- gested the Town Board re-evaluate this law and if nothing else, for the time being, rescind this law and adopt the model law as proposed by the State to give more time for imput. Mr. Diehl asked Mr. Hawksley if he could reconsider some of the points Mr. Friedman had touched on, and advise the Town Board on what Mr. Friedman had spoken of. He recommended Mr. Hawksley and Mr. Friedman get together and iron out some of the points Mr. Friedman brought out. Ir. Hawksley agreed. Under Committee Reports, Mr. Versace reported that the Tri -Munici- pal Commission entered into two separate agreements, one with the Engineering Firm of Hayward Pakan and Lapar which will supercede the contract Tri -Municipal had had with the Engineers, and for each Step, a new contract will be required, and also entered into contract with Quartoraro, Quartoraro and Rappleyea for counsel to the Commission. He also made reference to his persistant re- quest for an attorney to represent Wappinger and noted that in the agreement with the attorneys for the Commission there is an allowance for this counsel. Each municipality involved except Wappinger has provided for their own counsel. This attorney would act as liaison, and function by providing such work as drawing up assessment rolls, preparation of public notices, attend hearings with respect to the budget preparation of necessary ordinances, and be responsible to each community to insure that sufficient monies are budgeted for the ensuing expenses, and basically working with the Town Boards and its members to Tri -Municipal. s 238 MR. VERSACE moved that Vincent Cuccia be appointed to be the Attorney to the Town of Wappinger at the Tri -Municipal level, and a fee set aside for that as $65,000. Seconded by Mr. Clausen Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Abstain Motion Defeated Mr. Diehl qualified his abstention indicating that he believes the attorney chosen should have experience in municipal work and the Board should look at various attorneys experienced in this field, and further he would want to know what areas of work would be expected of such an attorney, and how much the costs would be for how long. Mr. Jensen agreed that the attorney appointed should have experience in the municipal field, and further, there was no need for such an appointment immediately. There was -still sufficient time to review and interview various attorneys. Mr. Johnson felt if counsel wasn't needed immediately there was no need to appoint and pay one until such time as one was needed. Under Committee Reports, Mr. Jensen reported that the Tri -Municipal Commission directed the Chairman of that Commission to effectuate the first payment request to the EPA, which will be done this week, and would hope the first payment would be made within a month or so. The second item he reported on was that of having #3 well at the Hilltop site reworked, and it was successful,. the well is producing approximately 250 gals a minute. Shortly if it continues successfully they could continue with the other two wells. Pos- sibly by next meeting he will be in a position to recommend whether or not to continue, and rework the other two wells, and also present some costs. Mr. Johnson reported on attendance of a meeting in New York City ,239 on April 19th with the EPA on Sewer Improvement #3, along with Mr. Diehl, Mr. Martin (from Mr. Lapar's office) and Mr. Lapar. They presented the EPA with the maps, lateral lines and collector systems for eligibility in Sewer #3. A lot of the Town, however, is not eligible for Federal funding on Sewer #3. The project was, none the less, on its way. �► The following memo was received: Memo To: Town Board Members From: Town of Wappinger Planning Board Date: April 19th, 1977 Subject: Downstream Drainage Fees The Planning Board would like to recommend that the calcu- lations for the downstream drainage fee be as follows: 1. Only the new area covered by an impervious material such as roof tops, parking lots, driveways, walks, etc. are to be assessed. 2. A residential fee of $200.00 per building lot. 3. A commercial fee would be calculated as follows: -the first 2,000 square feet would be at a rate of $.40 per square foot with a minimum rate of $200.00. - The area above 2,000 square feet would be at a rate of $.15 per square foot with a total maximum rate of $1,200. per acre. The difference in the rate between residential and commercial is based on the assumption that a commercial development would be inclined to insure that all water is drained from his property. This would allow him to conduct his business without the problem of standing water or it's associated problems. Charles Brown, being recognized by the Chair, spoke as a represen- tative of the Wappinger Chamber of Commerce. He commented that the Chamber has been following, with interest, the Town Board's wrestling with this question of formulas for downstream drainage. A proposal on this subject had been submitted to Supervisor Diehl on April 4th, by the Chamber addressing the subject drainage formula and forwarding their collective recommendation. He elaborated on this recommendation, and took exception to the Planning Board's recommendation implying that the expansion and building of commer- cial properties as well as residential has to be encouraged in order to broaden the tax base. The Planning Board's formula would 240 be too costly, and although downstream drainage has become a problem, it would be an added financial burden, another deterant for home- owners as well as business. The Chamber feels Mr. Diehl;s recom- mendation of 15 per square foot fair as long as it applies to everyone, and would like to see the Board act on it, as amended by Mr. Diehl. Mr. Johnson expressed his opinion that some of the Chamber's recommendations had merit, and they were to be commended for bringing a distinctly unfair problem to the Board's attention. He thinks the recommendations the Planning Board submitted could present some problems. He didn't feel the Town wanted to get into the applying of downstream drainage on every building permit, there- fore they should come up with a formula that provides equality. The $200 fee for new subdivisions seems fair, and the 15 per square foot for other structures and ground cover sounds fair. He would like to propose that 15 per square foot be applied to all additions to all existing structures, commercial and residential including paved area, with one exception, any area of 200 square feet or less would have no charge, anythiing- over this 200 square feet pick up the 15 per square feet charge, that is, exempt the first 200 square feet. That would relieve the homeowner or busi- ness man, (if they were just going to put on a porch or shed), and all new commercial or industrial (such as Kent -Sussex) should be considered on an individual basis. He feels this would take care of 99% of the problem. Mr. Brown commented that that seemed eminently fair. Mr. Diehl asked about the $200 for subdivisions and Mr. Johnson said that would remain. Mr. Horton asked the hypothetical question what happens if a person comes in for a 200 square foot addition one year, then comes in the second year for another 200 square foot addition. Mr. Johnson believed it would be more costly to have two sets of plans and two separate jobs etc, by doing it this way. This was discussed briefly. Supervisor Diehl called a recess at 10:19 P.M. 241 Supervisor Diehl called the meeting back to order at 10:34 P.M. All Board members were again present. MR. CLAUSEN moved that the stipulations that, arising from the Planning Board Subdivision Regulations, the downstream drainage charges be: 1. For Plot Plan approvals of subdivisions - $200 per lot, 2. For Site Plan approval - 15 per square foot of newly constructed roofed areas or areas covered with impervious materials. Seconded by Mr. Johnson Roll Call Vote: 5 Ayes 0 Nays Motion Unanimously Carried MR. JOHNSON moved to instruct the Planning Board to calculate the refund necessary to those who have been charged on the old down- stream drainage formula. Seconded by Mr. Clausen Roll Call Vote: 5 Ayes 0 Nays Motion Unanimously Carried The following report was received: April 19, 1977 Town Board Members Town of Wappinger Mill Street Wappingers Falls, New York Re: Roof and Footing Drains Plot Plans included with C.O. Dear Board Members: In reference to the pipe installation for roof and footing drains, I would like to request an informal meeting to discuss the enforcement of the regulations. The following points should be included as a basis for discussion: 1. Proper depth for pipe installation. 2. Consideration of solid rock conditions throughout the installation area. 3. Precautionary measures to insure the proper functioning of footing drains. Roof water should not be allowed to accumulate in footing drains before it flows toward the storm sewer. 242 4. Consideration of footing levels which are too low in elevation to provide drainage toward the storm sewer. 5. Capping of outlets provided for roof gutters which are not installed at the time the C.O. is issued. 6. Location of pipes on the Plot Plans for future use. In response to the recommendation that a copy of the Plot Plan be included with the C.O., I would like to point out that most C.O.'s are issued to builders not buyers. Due to various circumstances the buyers may not take title to the home for some time. After discussion of this matter with Mr. LaPar, we agreed to jointly suggest that the Assessor's office might send out a form letter to the buyers, making them aware that a copy of the Plot Plan is available for them in the Building Department. This procedure should comply with the intent of the recommendation which is to get the Plot Plan to the buyer. Yours truly, s/ Robert G. Ruit MR. DIEHL moved to refer Mr. Ruit's recommendations to the Attorney to the Town, to see there are no legal problems, or further recom- the Board can then mendations and/act on it at the next meeting. Seconded by Mr. Clausen Motion Unanimously Carried The following resolution was introduced by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, U.S. Cablevision Corp., has applied to the Town of Wappinger regarding a proposed increase in its monthly subscrip- tion rate from Six ($6.00) Dollars for the primary basic connec- tion to a new rate of Seven ($7.00) Dollars per month for the primary basic connection ; and WHEREAS, dde to increased costs and the detailed and special- ized accounting questions which are involved in the question as to whether or not to grant such an increase; and WHEREAS, the New York State Commission on Cable Television is more able to make a fair determination for all parties due to the specialized nature of the industry; and NOW, THEREFORE, BE IT RESOLVED that the question of the maxi- mum proposed increase is referred to the New York State Commission on Cable Television for determination pursuant to Section 825 (5) (e) of Article 28 of the Executive Law; and BE IT FURTHER RESOLVED, that both the Town of Wappinger and U.S. Cablevision Corp., agree to be bound by the lawful deter- mination of the New York State Commission on Cable Television, L providing that such ;determination does not exceed Seven ($7.00) Dollars for the primary basic connection per month. Seconded by: Supervisor Diehl Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Nay Supervisor Diehl Nay A letter had been received at the April 11, 1977 meeting from Mr. Rappleyea advising the Board that he had filed a notice of appeal in the matter of the action of M&G Sanitation to protect the Town's right to pursue this matter by appeal, but would like further directions from the Board as to whether or not they should prosecute the appeal. The matter at that time was not discussed. The following letter was subsequently received: April 5, 1977 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: M&G Sanitation Gentlemen: It is my understanding that in lieu of processing the appeal in this matter, you would be amendable to resolving this situation if the landowner were willing to stipulate to certain restrictions with the manner in which activities conducted by him on the pre- mises would take place. I have spoken briefly with his attorney, and he has indicated a willingness to explore this with you. I.enclose a copy of the site plan approval granted by the Planning Board. You will note that certain stipulations were attached to that approval. I would appreciate your reviewing the same and adding to that list any additional restrictions that you would prefer. Very truly yours, Corbally, Gartland & Rappleyea s/ Jon Holden Adams 243 244 Mr. Johnson recalled that the last time this was brought up it was discussed whether the restrictions put on by the Planning Board covered all the restrictions that the Town Board felt should be included, and in his opinion the Planning Board seemed to have covered all the necessary items as far as restrictions were concerned. Mr. Diehl agreed with Mr. Johnson, but would like to add another sentence that it be understood that the property be used solely for inside storage or inside mechanical work and no washing of the trucks would be done outside of the buildings. MR. JOHNSON moved that as the Planning Board's restrictions seem to be in order, it be further condition added that it be understood that the property be used solely for inside storage and mechanical work and no washing of trucks would be done outside of the build- ings, and Mr. Rappleyea's office prepare a stipulation with the other side to present to the Town Board. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was read: March 21, 1977 Ms. Elaine Snowdon Town Clerk Town Hall -Mill Street Wappingers Falls, New York Re: Valley View Farms Dear Ms. Snowdon: This office represents Nattin Realty, Inc. In or about April 1973, the sum of $3,290 was paid to the Town of Wappingers in connection with the subdivision map for Valley View Farms. The aforesaid amount covered 329 lots at $10 per lot. Subsequently, the Planning Board of Wappingers mandated that Nattin Realty relinquish such zoning if the Town Board enacted the PUD ordinance within 120 days. The Town Board enacted such ordinance on the 118th day. We are therefore requesting a refund of the filing fee, and would greatly appreciate if you would take whatever steps are necessary to effectuate such refund. In the event that there are certain procedures or appearances necessary from the undersigned, I shall be pleased to comply. Would you kindly keep me informed as to the status of this request. Thank you for your courtesy and cooperation. Very truly yours, s/ Allen Jay Bodner April 11, 1977 Allen Jay Bodner, Esq. 369 Lexington Avenue New York, New York 10017 Re: Valley View Farms Dear Mr. Bodner: As you are aware, Nattin Realty did not really withdraw its application for a subdivision, but simply changed it to a PUD. I enclose for your information copies of the direct expendi- tures of the Town for the review of this site plan and the various material with it. For the moment, the Town is content to retain the fee accepted for the subdivision approval, which would seem to be more than fair in light of the expenditures made. I have asked the staff of the Planning Board to review its' fee schedule. It is my understanding that not only was the site plan finally approved, but building permits were issued. Under the circumstances, it would appear that the retention of the fee is justified. Very truly yours, s/ Allan E. Rappleyea MR. JOHNSON moved that Mr. Rappleyea's letter to Mr. Bodner be received and placed on file. Seconded by Mr. Clausen Motion Unanimously Carried The following letter, having been tabled from the April llth meeting was again placed before the Board for their consideration: 1 April 1977 Town of Wappinger Town Board c/o Town Clerk Mill Street Wappingers Vklls,. N.Y. 246 Gentlemen, The recent ordinance which was adopted to encompass the State SEQR regulations, requires that certain actions will require an environmental impact statement be prepared. Pro- vision is also made in, the ordinance (Section 40, paragraph b, subsection 2) for the review of draft environmental impact statements (DEIS) . I believe that for the majority of direct actions which various town agencies might undertake, which may require a DEIS, that the Conservation Advisory Council possesses the expertise and has access to sufficient information and resources to provide the necessary review function. For the exceptional cases a consulting group, such as Cornell University, could be utilized (see attachment). This procedure would, I believe, result in the least expense to the Town of Wappinger. I therefore request that the Conservation Advisory Council be designated as the reviewing agency for all direct actions undertaken by various agencies of the Town of Wappinger. Sincerely, s/ Edward S. Hawksley Chairman, Conservation Advisory Council MR. DIEHL moved that the Town of Wappinger Conservation Advisory Council be designated as the reviewing agency for all direct actions undertaken by various agencies of the Town of Wappinger. Seconded by Mr. Clausen. Motion Unanimously Carried MR. JOHNSON moved that Mr. Rappleyea be directed to prepare a proposal for the Truett drainage problem. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: April 22, 1977 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Re: Robert's Running Creek Mobile Home Park, Inc. Dear Honorable Members of the Town Board: This is to advise you that Robert's Running Creek Mobile Home Park, Inc. has appealed the determination of the Appellate Division which reversed the order of the Supreme Court and L dismissed the action brought by -Robert's to compel issuance of a variance for expansion of the mobile home park. Please advise us as to whether you wish us to defend this appeal. Very truly yours, Corbally, Gartland & Rappleyea a/ Jon Holden Adams MR. CLAUSEN moved that the Attorney to the Town be directed to defend the appeal brought by Roberts Running Creek Mobile Home Park, Inc. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Johnson brought up the subject of the Martin Drive drainage problems. MR. JOHNSON moved that Mr. Horton, Mr. Rappleyea and Mr. Lapar be directed to collaborate on looking into possibly utilizing the natural drainage on that stream for some kind of a method of solving the problem upon Martin Drive, possibly tying into not to the existing drainage lying in the road, but possibly to an addi- tional drainage line in the road, and also to check into any problem with easements through the Central Hudson R.O.W. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Johnson asked Mr. Lapar if there were any results with regard to the water testing in Fleetwood. Mr. Lapar replied that the reason the matter hasn't come before the Board is because so far he has only gotten one bid on the items to be tested, hopefully by next meeting he will have more bids in. Mr. Clausen asked Mr. Lapar for a list of those types of water tests that went out to bid, and his considered opinion on their priorities, and a list of names of those to whom he had sought bids from. Mr. Incoronato questioned Mr. Lapar as to what tests he was 247 248 requesting, since he felt that sulpher was the main problem. He also asked if the Recreation had forwarded an answer to last meeting's request. He was informed that none had as yet been received. As there was no other business to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Diehl, and unanimously carried. The Meeting adjourned at 11:05 P.M. 0111A.Q. .a.ceALLA Elaine H. Snowden Town Clerk Reg. Mtg. 4/25/77