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1974-05-13 RGMAGENDA TOWN BOARD MAY 13, 1974 • :.Supervisor Call Meeting to Order :.Roll Call ':Accept Minutes: Reg. .April 8, 1974 :REPORTS .OFOFFICERS Supervisor Bills: Gen. Fund: TOwn.Justices • /1 Building, Iitspedt.411� OK SD: $ Fltwd SD: RFSD: $ PETITIONS & COMMUNICATIONS Highway: $ OK WD: $ Fltwd WD: • Request from W.C.School for use of 7 voting machines. . . Judge Bulger requests perimission to attend Seminar & Judicial Conference +Resignation of M. Turco as Deputy Bldg. Insp. . Central Hudson additional street lighting e..,; Notice of Public Hearing from East Fishkill Freda Casner re: Rent -a -Kid Program • Jos. Worona re: Rd. Bonds for Dutchess Heights . :'.R. Steinhaus, Ch. Planning Bd. re: Communications :Wm Horton re: list of Personnel responsible for various sewer and water plants R. Lapar ret Responsibilities of the„prQposed Mid. Point Park Sewer Imp. . S. Anderson, Zng. Adm. re: Site:Plan•,approval expirations '_ • Bids: 1. Recreation 2. C. W. W. Imp, W. So Imp. .'& Oakwood Treatment Plant • COMMITTEE REPORTS RESOLUTIONS a. Ardmore Water Improvement Area b. Amendment to Ordinance for administering & enforcing Bldg. Construction Code w/letter from Steinhaus c. Moratorium on acceptance and approval on Subdivisions 'UNFINISHED BUSINESS a. Election Districts b. Recreation Lands - Wappingers Park Homes Opinions from A. Rappleyea and Zng. Adm. R. E. Lapar re s, Tall Trees Water System Vacancy on Recreation Commission; w/recommendation from Rec. Com, c. d. •!b M! 1 ti 157 The regular monthly meeting of the Town Board of the Town of Wappinger was held on May 13, 1974 at 8:00 P.M. at the Town Hall Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:15 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: William P. Horton, Superintendent Allan E. Rappleyea, Attorney to the Town Rudolph E. Lapar, Engineer to the Town The minutes of the April 8, 1974 regular monthly meeting having been previously sent to the Town Board members were now placed before them for their approval. MR. CLAUSEN moved the minutes of the April 8, 1974 regular monthly meeting, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Saland. Motion Unanimously Carried Reports for the month of April were received from the Supervisor, Building Inspector and Town Justices. MR. CLAUSEN moved the reports from the Supervisor, Building Inspector and Town Justices for the month of April be accepted and placed on file. Seconded by Mr. Saland. Motion Unanimously Carried. 15' Bills received for payment were as General Fund $18,304.36 Highway Fund $18,738.37 follows: OKSD$ 808.99 OKWD 453.97 Capt. Impr.&Projects $124,002.46 F1tSD $959.41 F1tWD 594.70 RFSD 2,2%2.02 MR. CLAUSEN moved the bills be paid, subject to audit. Seconded by Mr. Jensen. Motion Unanimously Carried A request was received from the Wappingers Central School District for the use of seven voting machines for their annual election on June 12, 1974. MR. JENSEN moved that the Wappingers Central School District be granted permission to use seven of the Town of Wappinger voting machines, under the supervision of the Town of Wappinger voting machine custodians on June 12, 1974. Seconded by Mr. Saland. Motion Unanimously Carried A request was received from Judge Bulger for permission to attend a one day State Traffic Safety Seminar at the Westchester Commun- ity College on April 23, 1974 and permission to attend the Annual Judicial Conference Training session at St. Lawrence July 22 thru July 26, 1974. MR. CLAUSEN moved that permission be granted Judge Bulger to attend both the Seminar and Conference on April 23, 1974 and July 22 thru July 26, 1974 and that his legitimate expenses be a Town charge. Seconded by Mr. Jensen. Motion Unanimously Carried The Town Clerk informed the Board that she had received the resig- nation of Michael Turco, as Deputy Building Inspector on April 15, 1974. MR. CLAUSEN moved Mr. Turco's resignation be received and placed on file. Seconded by Mr. Versace. 1N5,9 • Motion Unanimously Carried A Street Lighting Authority Order was received from Central Hudson upon the request of the Lighting Committee for additional street lighting in the Town of Wappinger. The Order was for installation of lights on New Hackensack Road to be located at the back entrance .to Scenic Garden Apartments; on Old Hopewell Road, to be located at its intersections with Scott Drive and Balfour Drive; and, the recreation area and Barbara Drive (Quiet Acres). MR. CLAUSEN moved that the Supervisor be authorized to sign the Central Hudson Street Lighting Authority Order for the installation of additional street lighting in the Town of Wappinger, and further, to stipulate the lights at the intersections of Scott and Balfour Drives with Old Hopewell Road be located on the County ROW since the Town has not as yet accepted Scott and Balfour Drives as Town roads. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Clausen, in the discussion on placement of additional street lighting had indicated that the request for the street light at the location on New Hackensack at the back entrance to Scenic was due to the fact that there was a problem of kids collecting in this area causing general disturbances. Mr. Jensen with regard to this situation requested the Town Clerk to inform the Dutchess County Sheriff's office that there have been complaints on this matter and ask that they patrol New Hackensack Road in the area of the back entrance of the Scenic Apartments a little more often. Notice of Public Hearing was received from the Town of East Fish - kill. The Hearing to be held on May 16, 1974, concerns a proposed amendment to their Zoning Ordinance to permit kennels in the Town of East Fishkill. 16! MR. CLAUSEN moved the Notice of Public Hearing from the Town of East Fishkill be received and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried A letter was received from Freda Casner, Executive Director of the Dutchess County Youth Board regarding the Rent -a -Kid Program. MR. SALAND moved Mrs. Casner's letter be received and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Joseph Worona, attorney for Dutchess Heights Inc. requesting the review of the Performance Bonds filed with the Town. He indicates his clients are carrying two Bonds, the original and a reduced Bond, and it is his belief that the obligation and exposure thereof was eliminated some two years ago. MR. JENSEN moved that the matter of the Performance Bonds for Dutchess Heights, Inc. be referred to the Attorney to the Town for his consideration and report to the Board. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen commented that there were still some drainage problems in the Dutchess Heights development and asked Mr. Rappleyea to look into the matter, if there were still Performance Bonds in effect, as to any recourse the Town might have to correct these defects. Mr. Robert Steinhaus, Chairman of the Planning Board, having re- quested to appear before the Board, stated he was present at the request of the members of the Planning Board in order to make an attempt, once again, to establish communications between the Town Board and the Planning Board. It had been recommended by him that the two Boards get together in executive session at least on a 161 quarterly basis, and suggested by the Town Board to do this on a monthly basis to better communicate and understand some of the problems in reference to planning. These suggestions had been made at the March executive meeting and there has been no follow- up. He and other members of the Planning Board were disconcerted i over the fact that an article in the newspapers was the first com- kire munication their Board had had about a proposed moratorium; why couldn+`t they establish some report between the two Boards, so that anything as important as this concerning Planning and Zoning could be discussed. Some way we have got to establish some com- munication, with the problems we have in this Town. Mr. Mills, Dr-. Miller and Mr. Porter supported Mr. Steinhaus, and each made a few additional comments. A lengthy discussion followed. Mr. John Armstrong, Wappinger County Representative, was recognized by Supervisor. Diehl, and asked if he had anything to bring before the Board. Mr. Armstrong answered Mr. Saland's question from the previous Board meeting regarding proposed plans for expansion of the Dutchess County Airport. He stated that the only money allo- cated for the airport right now is to put in the advanced lighting system, which is to run to the Southwest of the airport, and at this moment there are no visible plans to expand the airport (as it exists) across Route 376, and nothing has come up before any of the committees. Mr. Jensen asked about the feelings of the County Board, other than the statements in the news, about taking over the Land- fill site. Mr. Armstrong said he was personally for closing the present site and relocating in a different site, a landfill along a waterway is totally unacceptable as far as he is concerned. Discussion continued along these lines, rehashing pros and cons of this and other sites, etc. Mr. Jensen asked again about the drainage problem on New Hackensack Road (just north of the Wappin- gers Falls Trailer Park), and along with this, would Mr. Armstrong mention the similar problem on Myers Corners Road and check that z also. Mr. Armstrong stated this too was on the schedule, it's just that the County hasn't gotten to it yet. Mr. Diehl then briefly opened the floor for questions to Mr. Armstrong. Mr. Horton had requested to address the Board regarding names of personnel of private water and sewer plants that he could contact in case of emergencies;when there are breaks in the roads, he doesn't know whom to contact. Mr. Diehl promised his office would supply a complete list. Mr. Lapar submitted a report on the proposed Mid -Point Park Sewer Improvement Area along with the following letter: April 30, 1974 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Responsibilities of the Proposed Mid -Point Park Sewer Improvement Area Gentlemen: It has been the usual practice in setting the rules and regulations for various sewer districts or improvement areas within the Town that the improvement area is responsible for service only to the first floor and not the basement. I would strongly recommend that similar rules and regulations be followed in the Mid -Point Park Sewer Improvement and that the Improvement assume no liability or responsibility below the first floor. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. SALAND moved that the Report and letter on Mid -Point Park Sewer Improvement, as submitted by Rudolph E. Lapar, Engineer, be received and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried 1 The following letter was received: MEMO -TO: Town Board - Town of Wappinger FROM: Sylvia J. Anderson, Zoning Administrator DATE: April 30, 1974 SUBJECT: Zoning Ordinance Gentlemen: -In the performance of my duties as Zoning Administrator, I have found in the files several site plans with approvals of some duration. Point in question: Should this approval be forever? I feel that something might be written into the Ordinance requiring a review by the Planning Board after a given number of years, if no Building Permits are issued on the site plan. Yours truly, s/ Sylvia J. Anderson Zoning Administrator MR. JENSEN moved this letter be received and placed on file, to be brought up and discussed at a future executive meeting. Seconded by Mr. Saland. Motion Unanimously Carried Bids were sought by the Recreation Commission for Sporting Goods, Fencing and Lighting for the Tennis •Courts. Bids were received and opened on April 15th, 1974 at 2:00 P.M. at the Town Hall. Two bids were received for the Sporting Goods - Letteri @ $4,068.50 andArlington Sporting Goods Store @ $3,796; two bids were received for the fencing, AAA American Fence Ltd. @$1,860.00 and A-1 Fence Co. Inc. @$2,312.00; one bid for the lighting @ $7,262.40 with an option for time clock system for an additional $376.00. The following recommendation was received from Hugh J. Maurer, Chairman of the Recreation Commission: - May 3, 1974 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: The following are the recommendations of the Commission on 163 164 bids officially published and opened on the 15th of April, 1974 at 2:00 P.M. by the Town Clerk: Sporting Goods --award to Letteri Sporting Goods --$4,0618.50. Although Arlington Sporting Goods was apparent low bidder, they did not bid on catchers masks, chest protectors, or leg guards; also they substituted other equipment which was not satisfactory. Fencing ---AAA American Fence Ltd. as low bidder --$1,860.00. Lighting of Tennis Courts---V&V Electric, Inc., only bidder. The Commission also recommends the lighting bid with option of time clock system, total $7,638.40. Yours truly, s/ Hugh J. Maurer, Chairman Recreation Commission MR. VERSACE moved to accept the recommendations of the Recreation Commission and award the bid for Sporting Goods to Letteri Sporting Goods @$4,068.50; Fencing to AAA American Fence Ltd. @$1,860.00; and Lighting with option of time clock to V&V Electric Inc. @ $7,638.40. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen had one thing he wished to bring up at this point, and that was in regard to the Wappinger Park Homes. He mentioned they had met with these residents last month and had asked for a drainage study for this meeting. The report was just received as of this evening. He didn't believe the Board has any other choice than to receive it and place it on file for future action. He had left that meeting with the residents feeling there was suf- ficient timein which to receive a report, look it over and take some action tonight. He apologized to the residents present from Wappingers Park that this was not possible. Mr. Lapar explained this delay was the big problem of examining the entire sewer system, he tried by various methods to make it as inexpensive to the residents as possible. 165 MR. CLAUSEN moved that the report submitted by Rudolph Lapar, Engineer to the Town, on Indian Ridge (Wappingers Park) Storm Sewer and sanitary sewer be received and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Under Committee reports Mr. Clausen stated he and Mr. Jensen had met with Mr. Silver and Judge Francese regarding the use of a portion of the old Sweet Orr Building for the Justice Court and Chambers. It looks like a feasible and promising venture if an agreement can be worked out with the owners of the building. Mr. Jensenconcurred with Mr. Clausen's report, adding it seemed to be a plausible plan and there were just some fine details that needed to be worked out. Mr. Jensen reported that he and other members had met up at the County Health Department on the Tri -Municipal Sewer Project, and at that meeting, the Town of LaGrange joined as a full partner as far as the engineering studies are concerned. Mr. Jensen further mentioned the work being done on Widmer Road and told Mr. Horton it was a good job (Mr. Clausen concurred in thatl. Mr. Jensen noted, however, that with the improvement of Widmer Road there would prob- ably be a speed problem. MR. JENSEN moved that a request be forwarded to the New York State Department of Transportation for permission to reduce the speed limit on Widmer Road and that portion of New Hackensack Road from its intersection with Widmer Road to its intersection with Route 9 to 3 0 ;MPH . Seconded by Mr. Clausen. Motion Unanimously Carried Supervisor Diehl called a recess at 9:34 P.M. iss Supervisor Diehl called the meeting back to order at 10:34 P.M. All Board members were again present. Recommendations were received from Rudolph E. Lapar, P.E., on bids that were let, received and opened for the Wappinger Sewer Improvement #1 - Contract #1A Expansion to the Oakwood Knolls Sewage Treatment Plant (opened April 29, 1974 at 11:00 A.M.); Wappinger Sewer Improvement #1 - Contract #3 (opened April 23, 1974 at 11:00 A.M.); and Wappinger Sewer Improvement #1 - Contract #3 and Central Wappinger Water Improvement #1 - Contract #4 (opened April 30, 1974 at 11:00 A.M.). MR. JENSEN moved that action be tabled on these bids for the Impro-- ment Areas. Seconded by Mr. Clausen. Motion Unanimously Carried The following Order in the Matter of the Establishment of the Ardmore Hills Water Improvement Area in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12c of the Town Law, was offered by COUNCILMAN CLAUSEN who moved its adoption, seconded by Councilman Jensen and, upon Roll Call, unanimously adopted. The text, in full) of the Order in the Matter of the Establishment of the Ardmore Hills Water Improvement Area in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12c of the Town Law, is attached hereto, and made a part hereof/ of the minutes of this meeting. Public Hearing set 6/4/74, 8:00 P.M. The following Order in the Matter of the Establishment of the Mid -Point Park Sewer Improvement Area in the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12c of the Town Law, was offered by COUNCILMAN CLAUSEN who moved its adoption, seconded by Councilman Saland, and, upon Roll Call Vote, unani- mously adopted. The text in full of the Order in the Matter of the Establishment of the Mid -Point Park Sewer Improvement Area in 67 the Town of Wappinger, Dutchess County, New York, Pursuant to Article 12c of the Town Law is attached hereto and made part hereof of the minutes of this meeting. Public Hearing set 6/4/74, 9:00 P.M. The following Ordinance was introduced by SUPERVISOR DIEHL who moved its adoption: Be it ordained by the Town Board of the Town of Wappinger as follows: SECTION 1: Section 8 (c) of the Town of Wappinger Ordinance for administering and enforcing the State Building and Construction tire Code is hereby amended to read as follows: 8 (c) Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot lines, the relationship of structures on adjoining property, widths and grades of adjoining streets, walks and alleys, and, where required by the Chief Building Inspector, details of structural, mechanical and electrical worlt, including computations, stress diagrams and other essential technical data. L During the progress of the construction of any structure, the applicant and or owner shall provide the Chief Building Inspector with a certification by a professional engineer or licensed sur- veyor indicating that the footings and or foundation are located upon the building site in accordance with the filed site plan or any amendments thereto. Such certificates shall be filed with the Chief Building Inspector prior to the time any work is commenced above the foundation. Plans and specifications shall bear the signature of the per- son responsible for the design and drawings. SECTION 2: This amendment shall take effect immediately upon adopting, posting, and publication as provided by Town Law. Seconded by: Councilman Clausen MR. DIEHL moved that a Public Heaking be held on June 4, 1974 at the 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York on a proposed Ordinance Amending the Town of Wappinger Ordin- ance for Administering and Enforcing the State Building Construction Code, at which time all interested persons will be heard. Seconded by Mr. Clausen. Motion Unanimously Carried I68 The following letter was received in connection with the above proposed Amendment to the Ordinance for Administering the State Building Construction Code: April 17, 1974 Town Board Town of Wappinger Mill Street Wappingers Falls, New York RE: Your letter dated March 18, 1974 regard the staking of building lots. Gentlemen: It is the recommendation of the Town of Wappinger Planning Board that surveys be made by licensed surveyors or engineers of the footings and/or foundations prior to any further construc- tion of the buildings. It is also recommended that these surveys be submitted to the Town of Wappinger Building Inspector so they may be checked for conformance to the Town of Wappinger Zoning Ordinance and the approved subdivision plot plan. The Planning Board would like to note that it is their intention tc'have the Town of ' Wappinger Subdivision Regulations updated and if the footing and/or foundation surveys are required this could be incorporated in the revisions to the regulations. The Board would appreciate being advised as to what action is taken on this matter. Very truly yours, s/ Robert A. Steinhaus, Chr. Town of Wappinger Ping Bd. The following Ordinance was introduced by COUNCILMAN VERSACE who moved its adoption: Be it ordained by the Town Board of the Town of Wappinger pursuant to the authorization contained in Article 16 of the Town Law. SECTION 1: The power granted to the said Town of Wappinger Planning Board pursuant to a resolution adopted January 7th, 1960 to approve subdivision plats as provided in Section "B" of said resolution (which said power is exercised in accordance with Section 276,277 and 278 of the Town Law) shall not be exercised for a period of ninety -days from the effective date of this Ordinance in respect to any subdivision plat which has not re- ceived preliminary approval on the effective date of this Ordin- ance. During such ninety -day period, the Town of Wappinger Plan- ning Board shall not accept for consideration any application for a preliminary plat. SECTION 2: This Ordinance shall take effect upon adoption, posting, and publication as provided by Town Law. Seconded by: Councilman Clausen 13 MR. VERSACE moved that a Public Hearing be held on July 9, 1974 at 8:00 P.M. at the Wappinger Junior High School, Remsen Avenue, Wappingers Falls, New York on a proposed Ordinance regarding a ninety -day period in which the Planning Board shall not exercise their power to approve subdivision plats, at which time all inter- ested persons will be heard. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Saland Nay Councilman Versace Aye Supervisor Diehl Nay Resol(tion Defeated. At the onset of the introduction of the above proposed Ordinance, Mr. Clausen commented in so seconding the resolution was this in no way sets a date for the effectiveness of a moratorium, it was a resolution to hold a public hearing and would not put any dire restraint on the Planning Board between now and the public hearing, only if it were to be adopted would the Town Board set the date of effectiveness. He then asked for a suspension of the rules in order to hear discussion from the floor. MR. CLAUSEN moved the rules be suspended, seconded by Mr. Versace and upon Roll Call Vote of Mr. Clausen, Aye, Mr. Jensen, Nay, Mr. Saland Nay, Mr. Versace, Aye, Mr. Diehl Aye --- carried. Mr. Incoronato read a prepared statement from Mr. Ed Hawksley, President of the Wappingers Conservation Association which was in favor of the moratorium. Mike Hirkala also spoke in favor of having a public hearing on the matter of a moratorium. Mr. Donald Reilly and Mr. Anthony Cannistra both spoke about doing something toward a new master plan and zoning ordinance rather than simply proposing moratoriums. Mr. Steinhaus questioned whether there was any further informtion on funding of preparation for the new zoning ordinance. Further discussion on the topic by the Board members before the vote was taken on holding a public hearing (which was ultimately defeated). MR. CLAUSEN moved the rules be resumed, seconded by Mr. Versace and carried. Again after the vote was taken, a brief discussion ensued, re- garding the defeated resolution on a moratorium, amongst the Board members. A Local Law relating to the imposition, charge and collection of water rates for the consumption and use of water for the Central Wappinger Water Improvement Area as well as the penalties and enforcement thereof was placed before the Board for their consideration. -' MR. CLAUSEN moved that action on this Local Law be tabled to enable the Board to discuss it further at a work session. Seconded by Mr. Versace. Motion Unanimously Carried Mr. Reilly and Mr. Cannistra, Town of Wappinger Republican and Democratic Committee Chairmen were present with the proposal for division of the present 14 Election Districts in the Town. Written descriptions for the proposed 21 districts were filed with the Town Clerk, and a map delineating the proposed new districts was exhibited. Messrs. Cannistra and Reilly gave a brief rundown of the new boundaries, and mentioned that they felt it was fairly evenly distributed registration wise, as most districts would now contain an average 500 registered voters. They also cautioned that if the Town Board fails to redistrict by July lst, the Board of Elections will do it on their own (pursuant to Section 64 of the Election Law) and the Board may not find this division as acceptable as the one before them presently, but would have no choice in the matter at that point. MR. CLAUSEN moved that the proposed redistricting plan of the Town of Wappinger Election Districts be received and placed on 1 71 file so that residents of the Town might have an opportunity to inspect and review it between now and the regular June Town Board meeting, and the Board can then possibly act upon it at their June meeting. Seconded by Mr. Versace. Motion Unanimously Carried Ihr, The following reports were received: MEMO TO: Town Board - Town of Wappinger FROM: Sylvia J. Anderson, Zoning Administrator SUBJECT: Site inspection of lands of Hankin Associates in Wappinger Park DATE: April 19, 1974 Gentlemen: As per your request, I have inspected the property of above- mentioned land. The lands appear to be overgrown with tall grasses, some of which are swamp grasses. There is evidence of some dumping of lawn rakings, lawn chair frames, beer cans, etc. A few months ago, when I was there, there was a "fort" obviously built by children on this property. My opinion is that if the tall grasses were kept short, it would discourage these activities. Yours truly, Sylvia J. Anderson Zoning Administrator April 30, 1974 Town Board Town Hall Mill Street Wappingers Falls, New York Re: Possible Lease of Lands in Wappingers Park from Water Company Gentlemen: From examination of as rrespondence, it appears that the residents of Wappingers Park would like the Town to lease lands now owned by the Water Company serving that area for a period of ten years; and to make improvements to that area and maintain the same as a recreation area. While the cost of maintaining or improving the property ranged from $6,000.00 to $30,000.00 the entire project bears close scrutiny. 1 y7 1 As you are aware, the site contains the well and pump house of the private water system. In a conversation with Mr. Ruff of the Dutchess County Department of Health, he advised me that he had examined the site and was going to take steps to see that it was cleaned up and serviced by the County Mosquito Control Program. He also advised me that any plan to regrade the property and to fill the same might have serious consequences with regard to the supply of water to the well. In a discussion with Mr. Hankin, he advised me that he had approval from the Department of Environmental Conservation for the proposed lease. However, there was no approval for filling and grading the property; and furthermore, if damage to the well resulted, or a loss of water resulted from this project, the Town would be responsible for such damage. While the Town could spend money to improve the property under a long term lease, such a practiceis generally dis- couraged in that the improvements inure to the owner. In this we might find we are improving the property with Town funds and later purchasing the property at a much higher price be- cause of the Town improvements. Furthermore, I am advised that there are no current funds available for this project. Under these circumstances, any funds raised by bonding would be subject to a permissive ref- erendum. While every step should be taken by the Town and County Department of Health to see that this property is brought up to the conditions required by law; the legal consequences of leasing and substantially improving the property convinced me that this project should not be undertaken by the Town at an expense to be assumed by all the tax payers of the Town. Very truly yours, s/ Allan E. Rappleyea May 3, 1974 Mrs. Rose Wells 5 Onondaga Drive Wappingers Falls, N.Y. Re: Wappingers Park Homeowners Assoc. Town of Wappinger Dear Mrs. Wells: of Control As you are aware, Gene Marx, Supervisor/Mosquito; Jay Paggi, Representative Town Engineers Office, and I, inspected on May 1, 1974 the property owned by the Wappingers Park Homes, Inc. At an earlier date, Jack Hill, Public Health Administrator and I had also conducted an inspection of said property. The property has poor drainage and is littered with debris and rubbish, both conditions which contribute to a.mosquito problem, eye sore, and potential hazard. It is quite evident that people living in the area are responsible for some of the problem due to their depositing debris and rubbish on the site. Mosquito Control chemically treats the area for control of mosquitoes. However, they will implement a program of improving certain drainage characteristics and ridding the area of various debris and rubbish with the consent of Wappingers Park Homeowners Association. I have spoken briefly with Gerard Hankin, regarding the problem and Gene Marx will contact him for the necessary approvals. As we discussed if you desire to clean-up the area beyond what Mosquito Control will do then you must work out this agreement with Wappingers Park Homes Inc., the Town of Wappingers and any other parties who would be involved. As we discussed if you desire to clean-up the area beyond what Mosquito Control will do then you must work out this agreement with Wappingers Park Homes Inc., the Town of Wappingers and kirf any other parties who would be involved. kw There are other drainage problems to consider and these would be up to you and the Town of Wappingers to resolve. The property could probably be used for limited recreation and this Department would have no objection to same, as long as there is no effect upon the water supply and the property is developed in such a manner to preclude any drainage problems. This is a matter which has to be resolved between you, Wappingers Park Homes Inc., and the Town of Wappingers. Very truly yours, s/David I. Ruff, Associate Sanitarian Division of Env. Health Services Mr. Jensen commented that he and Mr. Clausen had met with Mrs. Wells and Mrs. Rivera on this subject, and the project, as origin- ally envisioned, has grown out of all proportions, to the point where the costs at this point would almost be prohibitive, for filling in, clearing etc. Subsequent to the meeting it became clear that what the residents wanted was to clean the area up, assistance supplied in part by the Dutchess County Health Depart- ment, inproving some of the drainage and possible removing some of the brush and debris thrown there at various times, this limited amount of work they would want done at this time. ,Some informal bids had been procurred by the residents with cost estimates some- where between $600 and $700. It would clearly be only a cleaned and cleared area, as opposed to a more.. elaborate recreation site. Mrs. Rivera said she had a proposal from Dave Alexander, Inca for clearing the site for the lump sum of $650.00. The brush will be 173 buried to use for fill, and since he is putting in the drainage along the road he is willing to use the excess dirt for fill also at no cost. Mr. Diehl indicated the only thing he questioned on the proposal was the burying of the brush - he'd rather have it say the brush will be carried away, and, to reiterate, filling in is not part of the proposal, he definitely questions bringing in fill and distrubing the water table. Mr. Jensen assumed that any contractual work that would be done would have to be generated by the Town, no doubt through the Town Recreation Commission and they might even have some others who would submit bids for clearing this area, perhaps more reasonably. The next question would be does the Town want to expend funds there and, the question of fill coming on the site has to be cleared up. Mr. Diehl interjected that there would be no filling in of the land in consideration of the water table. ..Mr. Rappleyea, at a suggestion of directing the Recreation Commission to look into the possibility of getting more bids for clearing, reminded the Board they can't spend any Town money on these lands until an agreement or lease has been executed, since it is owned by a private water company. Does the Board, want a lease for one year, ten years? He wished direction from the Board. MR. CLAUSEN moved that the Town Board take the option of Wappingers Park Homes Inc. to lease their property in the Wappinger Park Dev- elopment for a 10 year period @ $1.00 a year, and authorize the Supervisor to sign the lease; and it is to be further understood that utilization of this land is to be a limited recreation area, restricted to only a cleared site with no fill to be brought in. Seconded by Mr. Versace. Motion Unanimously Carried MR. DIEHL moved that the Recreation Chairman and Recreation Commission be authorized to spend not more than $650 for clearing the area to be leased by the Town of Wappinger in the Wappingers 9 kibv 1"75 Park Development from Wappingers Park Homes Inc., and further, that the Commission has the option of accepting the proposal sub- mitted to Mrs. Rivera by Dave Alexander Inc., executing and deleting the burying of trees and debris on this property, or, seeking other means or proposals for clearing this site. Seconded by Mr. Jensen. Motion Unanimously Carried Mrs. Wells asked if the Town has clean fill later on would they be able to dump it there? Mr. Diehl did not believe this was possi- ble, keeping in mind the adverse recommendations of the Attorney and Engineer to the Town and the Dutchess County Department of Health's with regard to disturbing the water supply. It was further the judgment of the Attorney to the Town that if the Town counters the advice of -the County Department of Health, the Town is going to own the waterplant, and the residents expressed themselves some time ago that they did not intend to purchase that system nor want it made into a public district. His only caution was that if the Town, in effect, goes in there and starts changing the grade, the Town will have to buy it. The following report was received: April 29, 1974 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Water Use, when and if the Town buys the Tall Trees Water System Gentlemen: Although my office has not inspected the meter at Tall Trees well pump house, we have been informed by Camo Pollution Control, Inc. that to date everything is in order. I would, however, recommend that Tall Trees, Section 4 Sub- division not be approved until the Town has operated the system through the hot summer months. I further recommend that the Town continue the water conser- vation measures adopted by Harry Raker, Inc. since this system was not designed for unlimited water use. In order to aid conservation of the water, all residents X76 should.instali the meters supplied by the Town or pay the maximum rate. Very truly yours s/ Rudolph E. Lapar, P.E. MR. DIEHL moved to instruct the Attorney to the Town to proceed with whatever steps are necessary for the purchase of the Tall Trees Water System. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: May 3, 1974 Town Board Town of Wappinger Mill Street. Wappingers Falls, N.Y. Gentlemen: The Commission recommends the reappointment of Richard Garren as a member of the Town of Wappinger Recreation Commission. His term expired May 1st, 1974. Yours truly, s/ Hugh J. Maurer, Chairman Recreation Commission The following resolution was offered by COUNCILMAN CLAUSEN, who moved its adoption: RESOLVED, that Richard Garren be and he hereby is appointed to fill the vacancy on the Town of Wappinger Recreation Commission which has occurred by reason of the expiration of the term of office held by Mr. Garren, and it is further RESOLVED, that the said Richard Garren is hereby appointed to the said Town of Wappinger Recreation Commission for a term which shall expire on the 1st day of May 1979. Seconded by Mr. Jensen. Motion Unanimously Carried A letter was received from Marvin M. Specter, P.E. LS regarding the submission for a PUD on property now or formally owned by S.J. Reynolds on Maloney Road. It would appear that the letter was intended as an application for a PUD rezoning of said property, „77 since it was requested that a Public Hearing be set on the appli- cation. Mr. Diehl recommended that Mr. Specter be notified that the appli- cation was incomplete and not in compliance with the PUD ordinance and that he resubmit his application under the PUD ordinance, as it now exists, to the Town Board. Mr. Jensen, under unfinished business referred to a communication from the Recreation Commission recommending that the Town increase from $100 to $300 per lot the money in lieu of land on subdivisions for recreation areas. There hasn't been an opportunity for dis- cussion on this matter but he would like to bring it up at the next Town Board meeting. There might even be some consideration given to a scale, such as, more for acre lots than 2acre lots, as it reads now it is simply "per lot". Supervisor Diehl asked if there were any questions from the floor under Unfinished Business. Mr. Incoronato asked what the status of the filling of the Green Fly Swamp was. Mr. Diehl indicated he had asked the Zoning Administrator for, and had received a re- port which bespoke of having contacted Montfort Bros. (the company responsible for dumping cement blocks in the swamp) and apparently received their cooperation and compliance with her request. The decision, according to Mr. Diehl, she arrived at was through the Attorney and Engineer to the Town, was that he had the right to fill and reclaim his land, he was not obstructing any water -way or erecting any hazzard. He was stopped from bringing in solid brick, they were to be brought in crushed. Mr. Incoronato still felt that constitutes a pollution of the swamp, even crushed block produces a chemical reaction with the water which makes the water an unfit place for the organisms and animals that live in the swamp. Further discussion followed as to what constitutes swamps and pollution of them. Mr. Rappleyea suggested that perhaps the Town could take steps to undertake a study of the swamp. Mr. Incoronato indicated 118 that Mr. Richard Barnett, Biology Professor at Dutchess Community College, has made a study with some of his students and this study will be presented at the Environmental Management Council, and -he will try to get the results of those findings for the next Town Board meeting, but in the meantime he felt the Town should get some suspension of the dumping of that material until some adjud- ication can be made concerning the impact of that concrete on the water table. Mr. Diehl suggested writing to the New York State Environmental Conservation and Dutchess County Department of Health to ascertain the effects of filling in the swamp. Mr. Strohm suggested that a copy be sent to the Town of Wappinger Conservation Advisory Council also. Mrs. Rose Wells asked the Town to do a feasibility study on a Wappinger Park Water District. MR. CLAUSEN moved that the Attorney to the Town again reinstitute his research on the possibility of purchasing the Wappinger Park Waterworks to ascertain a purchase price, and further, for the Engineer to the Town to make any necessary studies to come forward with the information. Seconded by Mr. Versace. Motion Unanimously Carried MR. CLAUSEN moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 12:09 A.M. Reg. Mtg. 5/13/74 Elaine H. Snowden Town Clerk At a special meeting of the Town Board of the Town of 1 1Wappinger held at the Town Hall in the Village of Wappingers Falls,! Dutchess County, New York, on the 13:41 day of h -k(1.4.1 1974. Present: 1. 2. 3. 4. 5. Absent: IN THE MATTER OF THE ESTABLISHMENT OF THE MID -POINT PARK SEWER IMPROVEMENT AREA IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO ARTICLE 12c OF THE TOWN LAW. WHEREAS a map, plan, and report have been prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Wappinger relating to the establish- ment of a proposed Sewer Improvement Area to be known as the Mid -Point Park Sewer Improvement Area in the Town of Wappinger, Dutchess County, New York, pursuant to Article 12c of the Town Law, and WHEREAS said map, plan, and report have been duly filed in the Clerk's office of the Town of Wappinger for public inspec- tion, and WHEREAS said map, plan,.and report were prepared by Rudolph E. LaPar, a competent engineer, duly licensed by the State of New York, showing the boundaries of the proposed Improvement Area and a general plan for the sewer system, and WHEREAS the improvements proposed as set forth in said plan and report consist of a sanitary sewer system and sewage treatment plant, water mains, pumping stations and associated facilities located in the Town of Wappinger, and WHEREAS the improvement will provide sewage service on said lands in the Town of Wappinger bounded and described generally as follows: Beginning at a point on the southerly line of State Route 3760 said point also being the north easterly corner of the lands now or formerly of Gasser, said point also being the northwest corner of Lot 5 Block "G" as laid down on a map entitled "Mid -Point Park" on file in the Dutchess County Clerk's Office as Map #3332, thence in an easterly direction along the southerly line of State Route 376 South 60° 54' 00" East 31.98 feet to a point, said point being /7r6 the northeast corner of Lot 5, Block "G", thence along the easterly line of Lot 5 Block "G", the northerly lines of Lots 3 and 4 Block "G" and the westerly line of Lot 1, Block "G" of filed Map #3332, the following bearings and distances: South 17° 07° 10" West 158.25 feet South 72° 30' 30" East 112.29 feet South 73° 50' 50" East 109.35 feet North 9° 51' 30" East 114.07 feet to a point on the southerly line of State Route 376, said point being the north west corner of Lot 1 Block "G", thence in an easterly direction along the southerly line of State Route 376, the following bearings and distances: South 70° 29' 10" East 23.20 feet North 80° 38' 30" East 84.54 feet North 75° 22' 40" East 53.66 feet to a point, said point being the northwest corner of the lands now or formerly of Steele; thence along the westerly, southerly, and easterly lines of the lands now or formerly of Steele, the follow- ing bearings and distances: feet, A curve concave to the left radius of 25 feet length of 42.49 South 22° 00' 00" East 159.59 feet A curve concave to the right, radius of 200 feet length of 114.33 feet, North 55° 10' 00" East 424.18 feet North 30° 50' 40" West 199.82 feet to a point on the southerly side of State Route 376, said point also being the northwest corner of Lot 1, Block "E", thence easter- ly along the southerly line of State Route 376, North 59° 13' 20" East 210.00 feet, thence along the westerly, southerly and easterly' lines of the lands of Wing the following bearings and distances: South 30° 50' 40" East 184.94 feet North 59° 07' 10" East 115.03 feet North 30° 53' 00" West 184.91 feet to a point on the southerly line of State Route 376, said point also being the northeast corner of the lands now or formerly of Wing; thence easterly along the southerly line of the State Route 376, North 59° 08' 00" East 50.00 feet to a point, said point being the northwest corner of the lands now or formerly Bitting; thence in a southerly direction along the easterly line of formerly Emil Lane (now Top -o -Hill Road) the following bearings and distances: South 30° 53' 30" East 199.76 feet South 30° 54' 10" East 127.21 feet South 14° 09' 10" East 208.00 feet to a point, said point being the northwest corner of Lot 1, Block "A", of said filed Map #3332; thence along the northerly line of Lot 1, Block "A" and the easterly lines of Lots 1, 2, 3, 4, 5, 6 and 7 Block "A" crossing a future road and continuing along the easterly boundaries of Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 Block "A" the following bearings and distances: North 72° 07' 30" East 208.95 feet South 12° 33' 20" East 239.34 feet South 12° 06' 50" East 228.44 feet South 12° 19' 50" East 360.59 feet South 13° 38' 40" East 230.90 feet South 13° 34' 10" East 198.60 feet South 14° 49' 50" East 200.00 feet South 12° 15' 10" East 270.39 feet to a point, said point being the southeast corner of Lot 16 Block "A" on filed Map #3332; thence; along the southerly line of Lot 16 Block "A", crossing formerly, Emil Lane now Top -O -Hill Road, con- tinuing along the southern line of Lots 1, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, and 44 Block "B" the following bearings and distances: South 74° 45' 20" West 247.24 feet South 76° 20' 40" West 496.20 feet South 76° 10' 00" West 380.33 feet South 76° 24' 30" West 308.29 feet South 76° 29' 00" West 733.02 feet to a point, said point being the southwest corner of Lot 44, Block "B", thence in a northerly direction along the westerly lines Lot 45, across a future road, Lot 46, Lot 47, Lot 48 and Lot 49, Block "B", continuing along the westerly lines of the Sewage Dis- posal and Water Works Area and Lot 11, Block "C" the following bearings and distances: North 13° 31' 10" West 234.22 feet North 12° 41' 50" West 474.99 feet North 16° 07' 30" West 271.33 feet North 13° 07' 40" West 690.59 feet North 13° 37' 50" West 193.08 feet and North 11° 49' 30" West 129.41 feet to a point, thence along the northwesterly lines of Lots 11, 10 and 9, Block "G", and the northerly lines of Lots 9, 8, 7 and 6 Block "G" the following bearings and distances: North 44° 56' 00" East 370.84 feet and South 79° 06' 40" East 415.27 feet to a point, said point being the southeast corner of the lands, now or formerly of Gasser, thence in a northerly direction along the easterly line of the lands of Gasser, North 19° 24' 40" East 300.51 feet to the point or place of beginning. WHEREAS, the maximum amount proposed to be expended for said improvement is $25,000.00 and the proposed method of financing /7Y -I) to be employed consists of a contribution in that amount by the present owners of said sewage system as well as a dna-rat;ian of said system to the Town of Wappinger; and WHEREAS, it is now desired to call a public hearing pursuant to Section 209Q, Subdivision 3, of the Town Law; NOW THEREFORE, IT IS HEREBY ORDERED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. A meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, shall be held in the. in said Town on the Lr day of „\ucve.. , 1974, at fT$9 p.m., Eastern Daylight Time, to hold a public hearing on the aforesaid proposed improvements and the plan, report, and map prepared and filed in connection therewith at which all persons interested in the sub- ject thereof may be heard concerning the same, and to take such action thereon as is required or authorized by law. Section 2. The Town Clerk is hereby authorized and directed to give notice of such public hearing by publishing a copy of this order once in the Wappingers and Southern Dutchess News, the offic- ial newspaper, and by posting a copy hereof upon the bulletin board of her office, such publication and posting to be made not less than ten (10) nor more than twenty (20) days before the date set herein for said public hearing. Section 3. This Order shall take Sect im:-nedi tel 4 Ck.(, 4./ /C -a -44-t_ Members of the Town Board of the Town of Wappinger. / 74/ '.t a .meeting of the Town Board of the Ton of Wappinger held 'at the To'7n :;all in the Village of Wappingers rails, Dutchess County, York, sin the 13th day of May , 1974. Present: 1. Louis Diehl, Supervisor 2. Louis Clausen, Councilman 3. Leif Jensen, Councilman 4. Stephen Saland, Councilman 5. Frank Versace, Councilman Absent. IN TAE 7 -TATTER OF Tic_, STA3LISi t .: 0? T E A':D.i°J'.'.^ HILLS WATER IMPROVE1 NT AREA IN TUE TOWN OF W;ti,PPINGnP, DUTCH2SS COUNTY, NEW YON, PURSUANT TO ARTICLE 12c OF THE TOWN L. } 47,1::',LAS a nap, plan and report have been prepared in such { rmnner and in such detail as has heretofore been determined by the Ton Board of the Town of Wappinger relating to the establish- i Hent of a proposed Water Improvement Area to be known as the Ardmore dills Water Improvement Area in the fown of Wa?pinger, autclo'3s County, iiew York, pursuant to Article 12c of the Town ,La -7, and said :.sap, plan, and report have been duly filed in he Clerks Office of the � r�i, the Town of ��appinger for public inspection, ansa Yi.WP: ':S said map, plan, and report were prepared by Rudolph u. LaPar, a competent engineer, duly licensed by the State of New York, showing the boundaries of the proposed Improverent Area and a general plan for the water system, and I?MEF;S the improvements proposed as set forth in said plan and report consist of water supply, water storage facilities, water :-rutins, pumping stations and associated facilities located ;, in the Town of Wappinger, and '•3.IEPEAS tha improvement will provide for the central area of the Ton of Wappinger, and said lands in the Town of Wappinger are bounded and described generally as follows: Beginning at a point on the westerly side of Eck Road, said point also being the northeast corner of Lot 15, tax map 62 of the Town of Wappinger; thence easterly crossing Eck Road along the northerly line of Lot 73, tax map 62 290* feet to a point, said point being the northeast corner of Lot 73, tax map 62, said line also being a portion of the boundary of the Central Wappinger Water Improvement Area; thence southerly along the easterly line of Lots 73, 72, 71, 70, 69, 68, and 67, tax tap 62, 1380' tett /7JF ij to a point, said point being the southeast corner of Lot 67, and said line also being a portion of the boundary of the Central t 7app- '� inger Water Improvement Area, thence westerly along the southerly . boundary of Lot 67, tax man 62, crossing Eck Road, and along the southerly boundary of Lot 65, tax map 62, 430± feet to a point, said point being the intersection of Lots 66, 61, and 60; thence a southerly along the easterly lines of Lots 60, 59, and 53, tax :zap 62, 600± feet to a point, said point being the southeast corner; of Lot 53, tax map 62; thence in a westerly direction along the southerly line of Lot 58, tax map 62, crossing Lydia Drive, along the southerly lines of Lots 49, 48, and 42, tax :rap 62, and the , southerly line of Ada Drive, crossing zda Drive, and northerly along the westerly line of Lot 41, 1240- feet to a point, said point being the northeast corner of Lot 3, tax map 61; thence westerly along the northerly lines of Lots 3 and 4, tax map 61, 1120* feat to a point, said voint being the southwest corner of Lot 2.1, tax :map 61, thence in a northerly direction along the westerly line of Lot 2.1, tax map 61, 2500* feet to a point on the southerly line of MacFarland Road; thence crossing MaFarland Road: and along the northerly line of MacFarland Road, 1600- feet to a point, Said line being a portion of the boundary of the Central +iapainger Water Improvement Area; thence easterly crossing Mac - Farland Road, and along the northerly and easterly lines of Lot 4, tax map 62; the easterly line of Lot 3, tax nap_62, the souther+ ly lines of Lots.8, 9, 10, 11, 12, and 13, tax map 62, and the easterly line of Lot 13, tax map 62, and the southerly line of lot 14, tax map 62, 2180±' feat to the point or palace of beginning, said line also being a portion of the boundary line'of the Central; lappinger :Fater Improvement Area. Wi1ERE'AS, the maximum amount proposed to be expended for said 1 ' improveraent is $362,000.00 and the proposed method of financing to be employed consists of the issuance of aerial bonds of said Ton :pursuant to the Local Finance Law, to .mature in annual install - vents over a period not exceeding forty instance by assessments levied upon the several lots or parcels of land within the benefited area hereinbefore described in just proportion to the amount of benefit which the improvements shall confer upon such lots or parcels; and years payable in the first desired to call a public hearing pursuant 74,132T-;AS,it is nc�W to Section 20)0, Subdivision 3, of the Town Lawn; i +yet, T :'+ F 3 T 3 ORDE L) by the Town Board of the Town of Wappingor, Dutchess county, Aew York, as follows: Section 1. A tneetincr of the Town Board of the Town of 1 Wappinger, Lutchess County, Clew York, shall be held in the Town !.:call, :iill Street, Wappingers Falls, on the 4th day of June 1.1974, at 8:00 p.m., Eastern Daylight Time, to hold a public hear - 1 Lig earWing on the aforesaid proposed improvements and the plan, report, land map prepared and filed in connection therewith, at which all persons interested in the subject thereof may be heard concerning - 2 - 1 /7 C' the same, and to take such action thereon as is required or authorizcJ. by law. Sectio.1 2. The Town Clerk 13 hereby authorized and directed to give notice of such public hearing by pu'olishing a copy of this order once in the i.appingers and Southern Dutch.lss News, the official new3paper, and by posting a copy hereof upon the bulletin hoard of her office, such publication and posting to he made not less than ten (10) nor more than twenty (20) days before the date set herein for said public hearing. Section 3. This Order shall take effect immediately. Louis Clausen, Councilman Leif Jensen rnunrilliwn Stephen Saland, Councilman Frank Versace. Councilman, Members of the Town Board of the Town of 'Iappinger.