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1970-03-09 RGM74/3 A Public Hearing was held by the Town Board of the Town of Wappinger on Monday, March 9, 1970, at the Town Hall, Village of Wappingers Falls, Mill Street, Wappingers Falls, New York on a proposed Local Law regulating the use of Public Sewers in the Town of Wappinger. Supervisor Diehl opened the hearing at 7:31 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Mr. Diehl explained the purpose of the change in law was to insure receipt of state aid. No one spoke for or against the proposed Local Law. Motion made by Mr. Clausen, seconded by Mr. Mills and carried to close the Public Hearing. The Hearing closed at 7:40 P.M. Cal -We Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF LOCAL LAW NO. 1, YEAR 1970 TOWN OF WAPPINGER.:: A 14 STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS) says: 74S AFFIDAVIT OF POSTING ETAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on Feb. 26, 1970, your deponent posted a copy of the attached notice of Public Hearing on Local Law, No. 1, Year 1970, Town of Wappinger, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. OW! P 3L.A.AciA A", Elaine H. Snowden, Town Clerk Sworn to before me this. 1 Cday 1970. Notary Public W. and S. D. NEWS DISPLAY ADVERTISING AX7-3724 20 EAST MAIN STREET - WAPPINGERS FALLS, N.Y. CLASSIFIED ADVERTISING NOTICE OF PUBLIC HEARING ON PROPOSED TOWN OF WAPPINGER LOCAL LAW NO. 1, YEAR 1970 Le= ' NOTICE IS HEREBY GIVEN that there has been duly presented tel d Introduced belore,the Town Board of the Town of Wappinger, has County, New York, on February 17, 1970, Local. Law No. of the Year 1970 entitled, "A Local Law Regulating the Use of Public Sewers In the Town of Weppinger." NOTICE IS FURTHER -GIVEN that the Town Board of the Town of Weppinger will conduct • public hearing on the aforesaid proposed Local Law at the Town Hall, Mill Street, Wappingers Fells, Town of Wappinger, Dutchess County, New York, on the 9th• day of March, 1970, at 7:30 o'clock P.M., on such day, at which time all parties interested will be heard. NOTICE IS FURTHERGIVEN that copies of the aforesaid proposed Local Lew at the Town Hall, Mill Street, Wappingers Fells, Town of Wappinger, Dutchess County, New York, on the 9th day of March, 1970, at 7:30 o'clock P.M., on such day, at which time all parties interested will be heard. NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed local law will be available for examination and Inspection at the office of the Town Clerk of the Town of Wappinger, in the Town Hall between the hours of 9:00 A.M. end 4:00 P.M. E.D.T., on all business days between the date of this notice and the date of the public hearing. Dated: February 19, 1970 Elaine H. Snowden Town Clerk Town 'of Wappinger, Dutchess County, New York AFFIDAVIT OF PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. Beatrice Osten of t�Town of Wappinger. Dutchess County. New Tor. being duly sworn. says theta* 1 . and R OM se eral times hereinafter was. thco—Editor —Publisl7eaf W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutcbeu County. New York. and that the annexed NOTICE was duly published in the said newspaper for .9/19 week succeuively..9P a .. in each week. commencing on the...? tb.. day of.. 197.q and on the following dates thereafter. namely on and ending on the 26th day of. Fe..iruarx 1$0, both days inclusive. Su bed and sworn to bete me _ r• this. day of .lrk•'kliti.0 19. Iic My commission expires. l ^K I• i•. u . t?..t. Q . J. t . AGENDA - TOWN BOARD • MARCH 9, 1970 1. Supervisor call meeting to order 2. Roll Call 3. Accept Minutes 4. Reports of Officers: Bldg. Insp. Town Justices Supervisor Judge Bulgers Annual Report Bills: Gen. Fund Highway RFSD OKSD OKWD Fleetwood WD Fleetwood SD. 5, PETITIONS & COMMUNICATIONS A. N.Y. State Dept. Transportation re: Traffic Light New Hackensack Rd. & Rte 9 B. Rezoning petition - Palmatier • .\\ C. R. L'Archevesque re: County wide Junk. Car disposal Program D. R. L'Archevesque re: Formation of County'wide Refuse Disposal District. E. Residents of' Henry Drive -Aladin Court re: Drainage Problem. F. Herbert Stenger re:. re -zoning Petition G. Planning Board recommendation on RD to'R rezonings H. Brotept1.7,toriZOningrIchangecsubmittedoby S: Martin Gordon, Sol Siver, Robert J. Lawson, Anna.Lawson, Wm. & Amma Biasotti I. Protest to Zoning change submitted by Robert A Newburgh 6. Committee Reports /. Resolutions 1. Crimswal Rezoning 2. Rezoning RD -40 and RD -20 areas 3. Bond'Res.'re: Barber Property 8. UNFINISHED BUSINESS Appointment of Assessors 9. New Business 10. Adjournment • • 57 The Regular- Meeting ' of -the Town Board of the Town of Wappinger was' held {®n -March•' 9, 19 -70, -at the Town - Hall, Mill Street, i Wappingers Falls,_New York. Supervisor Diehl called the meeting to order at 8:10 P.M. Present:: Louis Diehl, Supersivor Louis Clausen, Councilman G.iDonald Finnan, Councilman Harry Holt, Councilman James -Mills, Covhhci'lman Elaine H. Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town MR. FINNAN movedin view Of the number ' of people possibility of violating fire Board, (that is Mr. Holt, Mr. debated on this rezoning;. and V present ' and the - laws, the Republican-inerfibers of this Mills and myself), have caucused and as most of the people'are ono- .y` here. to hear our debiblon'tattolUether or not actiprna_ 0/ 1: be T t omit, and as the Republican members of this Board are in favor o rezoning this RD -40 and RD -20 to single family,residential, Wefeelhat the rezoning ordinances be voted on right way. :Seconded by '.,,mills. Motion Unanimously Carried Mr. Mills stated, in seconding Mr. Finnans' motion that there has been enough evidence presented by the diligent Work:of,thetpeoplei. of the Wappinger Conservation Association, by the Republican Committee and by thea members cin the• T®wn `Board. who' c&uc'used many, man rn hours . I : thihk` l•t' . = that there i s - a real,problem,in cthe1 Town p ta: ning to water r ? er The'€need for a.r ma cripal se rex.age d. +ta.rriet Wee ii. -t: bt" It v7eryr-,evid it: . •} i '3: = that thei patatzliations.°be:{mo1Od to 4iefirst fo.r bx of business so the matter of the rezoning RD 40 and; RP -20 to single t @: ?' E7:0 i . 7 ir : f'aritily residential may b . a ted-. onttliborealiatelyt ti^terr, /- one# -enda, ) r: t r..; .y'; .:: and a munio r. c, MR. } F'-INNAN Seconded by Mr.. Mills.- 'L' Motion Unanimous :y Carrie Mr. Clausen saijd "I am very happy to -see that the Republican t members of, the Board have finally come; to, the' canclusibn that!: it would be a good idea to rezone this property from Rd" to:, sin`c le family dwelling's.- It's kind of ahbzcking tonight torhear t=he*u in such a great eagerness to get thist&i.ng going, we've been puehing for it for several months, I'm glad that they're f Lhelly cbnvinced." It was so noted by the Town Clerk that: the following protests,_ had been filed with her, March 3, 1970 and M°arah 5, 1970 renpeeti. rely: y. t Town Board Town of Wappinger Dutchess County New York Gentlemen: Pursuan,fi:•,to Section 26=5 of the Town haw of the State of tow York the undersigned herewith protest the zone change pa bpbsed on their : veepec -i1re, #teItises scheduled for. public hearing March 5, 1970. y. q. Nattin Realty, Inc. By: sk.S; Martin Gordon, Pres. ';Palen P'5perties', ` Inc. By: s/ S. Martin Gordon, Pres. Chelsea Ridge, Inc. Sol Silirer Pres. Chelsea 'Ridge Apartments; Inc. s/ Sol Silver, Pres. .1 Robert J. Lawson . Ania. Dawson ,_ Natlea Smith Emma Bia-sbtti r -r • Toi:the Supervisors and Members of the Town Board of the Town of Wappinger, •New York:: 7 ?Rori'.E_S:T Inveo tors °•CollatreraI. Co,fp. 1,, byo Robert Ai i4 wbergh, itg Vice -President, hereby states that it is a substantial property owher,: in h Tbwn "of • Wappingex, and her eby,tippestt to. �j:e.ct-r,tblene file thisprotest in opposition to the proposed amendtnent of the Town. of:Wappinger Zoning: Or finance and, Ma adtl 'k d'Jenuia-ry 2% 1963, as amended from time to time, to rezone the following described parcel of land from -"RD -20" (optibnaL tom' "R-20" (one family residential) district, said tractor parcel oflend :being situate in the Town; tfWappinter:i• County'of-Eklutthesti and State of New York, 'and more particularly described as follows: 'All that parcel of land located in the Town of Wapp.ngei•, County of Dutchess and State .bf News York, as shown on the Zoning Map of the Town of Wappinger adopted January 29, 1963, bounded 'and. described as follows: On the South by Ketchamtown Road= on the East by Osborne Hill Road and the HB -2 and HB -1 districts on the west side of Route 9, and 3 L L 59 Route 9; on the, North by the R-20 zone as shown on said map; on the west by Route 9D, the LB district including the Hamlet of Hughsonville, and the RD -40 zone on the west side of Route 9D. This protest is signed and acknowledged by the owner of 32.06 acres which it is believed is at least twenty per centum of the area_ofthe land included in such proposed change, or by the owner of at least twenty per centerm of the area of the land immediately adjacent extending 100 feet therefrom, or by the owner of at least, twenty per centum of the area of land directly opposite thereto. extending 100 feet from the street frontage of such opposite land. This protest against the foregoing change is made and will be filed pursuant to Section 265 of the Town Law of the State of New York. Name of Owner Witness Location of Property Investors Collateral Corp. s/ Wm.. C. Baron Between Ketchamtown Rd. & Hopewell New Hambuig By: s/ Rbbert A. Newburgh, Vice President It was further noted by the Town Clerk that the recommendations had been received from the Dutchess County Department of Planning, and the Town of Wappinger .Planning Board. The .. Town of Wappinger Planning Board recommendation was in opposition to rezoning. As a Public Hearing had been duly held on March 5, 1970, at the Wappingers Junior High School, Remsen Ave. Wappingers Falls, New York, and Affidavits of. Posting and Publication duly signed and notarized had been offered for the record at the Public Hearing, the matter of an Ordinance Amending the Zoning Ordinance of the Town of Wappinger was now put before the Board for their donsideration. The Attorney to the Town, Mr. Rappleyea, instructed the Board that a vote of at least 4 to 1 was required, in order to pass the amendments to the Zoning Ordinance, due to the protests filed. The following ordinance was offered by COUNCILMAN FINNAN who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappigger, Dutchess County, New York, in pursuance of the authority conferred by the laws of. the State of New York, as follows: Section 1. The Town_ of-Wappinger. Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of land from "RD -40" (Optional Dwelling) to "R-40" (One Family Residential) District, said tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York and more particularly described as follows: ALL that tract or parcel of land located in the Town of Wappinger and being generally described on the Zoning Map of the Town of Wappinger as the RD -40 Zone lying west of New York State Highway Route 9D, south of Keever's Road, east of River Road and north of _Chelsea Road and more generally described as follows: BEGINNING at a point which said point is on the south side of Old State Road in the Town of Wappinger and which said point is 100 feet westerly of the intersection of New York State Route 9D, and. Old State. Road and running thence in a southerly direction: 2,900 feet more or less to a point which said point is on the northerly boundary of the LB District lying between the intersection of Route 9D and Chelsea Road and which said point is 1,200 feet more or less from the intersection of Route 9D and Chelsea Road running thence in a westerly direction along the northerly boundary of said LB District as the said boundary winds and turns 950+ feet to a point at the northeast corner of lot 17.2, block 1, as shown on Tax _Map 83 of the _Town of Wappinger running thence along the north boundary of lot 17.2, lot 16 and lot 12.1.2, block 1, as shown on said Tax Map #83, 880+ feet to a point on the northeast boundary of lot 2, block 1, as shown on said Tax Map #83; thence in a northwesterly direction.along said northeasterly line'.600+ feet to a point; thence in a southeasterly direction 700+ feet to a point 150 feet from the north side of ,Chelsea Road as shown on said Zoning Map; thence in a westerly direction on a line parallel with Chelsea Road and 150 feet northerly therefrom 3,200 feet more or less to a point; thence in a northerly direction through lots 1 and 2, block 1, Tax Map #85, 2,400+ feet to a point on the southerly boundary of lot #58, block 1, Tax Map'84; thence in a generally northerly direction through lots 49,47,48 and across Sky Top Drive, continuing through lots 5, 16, 14.1, 9 and 1, all block 1, Tax Map 84, and 10.1, block 1, Tax Map 76, 4,200+ feet to a point on OldState Road, which said point is 400+ feet. south of the intersection of River Road and Old State Road; thence southeasterly along the south side of Old State Road a,400+ feet to the point or place of beginning. Section 2. This amendment shall become effective upon adoption., posting and publication as prescribed by Town Law. Seconded by: Mr. Mills Roll _Call Vote:t Supervisor Riehl Aye - Councilman Clausen Aye Councilman Finnan _ Aye Councilman Holt Aye Councilman Mills Aye. The following ordinance was offered by COUNCILMAN FINNAN, who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of: Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New: York., as follows: Section 1. The, Town of Wappinger Zoning Ordinance and ; __ Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of land from "RD -40" (Optional Dwelling) to "R-40" (One Family Residential) District, said tract or parcel of land being situate in the -Town of. Wappinger, County of Dutchess and State of New York and more particularly described as follows: 1 61 ALL that tract or parcel of land located in the Town of Wappinger, County of Dutchess and State of New York, bounded and described generally as follows: BEGINNING at a point on the east side of the right of way line of the Penn Central, Railroad property (formerly New York Central and Hudson River Railroad Company) at a point where the north boundary line of parcel #69, Block 1, as shown on the tax amp of the Town of Wappinger. being plat #84 intersects said east line of the Penn Central Railroad line and running thence in a northerly direction along the east line of th-e Penn Central Railroad, 5,550 feet more or less to a point where the north line of parcel #5,' Block 1, on a tax map #76 of the Town of Wappinger intersects the east line of the said Penn Central Railroad running thence in an easterly direction and along the southerly boundary of the R-20 district as shown on the Zoning Map of the ,Town of Wappinger through lands as shown on parcel #5, block 1, taxmap #76 of the Town of Wappinger,-1,300 feet more or fess to a point 200 feet south of Wheeler Hill Road; thence 200+ feet in a northerly direction more or less along the boundary of the said R-20 zone to the -south line of Wheeler HillRoad; thence in an easterly direction along the south line of Wheeler Hill.Road 2,200 feet more or less to a point 125 feet easterly of its intersection with Old State Road;thence in a generally southerly direction and on a line parallel with Old State Road and River Road and 125+ feet -westerly therefrom 5,200 feet more or less to a ppint in the northerly line of lot #69, block 1, as shown in tax map #84 of the Town of Wappinger, thence in a westerly direction and along the northerly boundary of said lot #69, 300+ feet to the point or place of beginning. Said premises are more generally set forth on the zoning map of the,Town of Wappinger and .are intended to include_all of the_RD-40 zone ,as shown on said map line south of Wheeler Hill Road and west of River Road. Section2.- This amendment shall become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Mills Roll Call Vote: Supervisor Councilman Councilman Councilman Councilman Diehl Clausen Finnan Holt Mills Ave Ave Ave Ave Ave The following :ordinance :was .offered by MR. FINNAN,. 'who moved its:adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger., Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of -land from "RD -20" (Optional Dwelling) to "R-20" (One Family Residential) District, said tract or parcel of_land .being situate in the Town of Wappinger, County of Dutchess and State of New York, and more particularly described as follows: ALL that parcel_of land County of Dutchess and State Map of the Town of Wappinger and described as follows: located : in the Town of Wappinger, of New York, as shown on the Zoning adopted January 29, 1963,ibounded BEGINNING at a point, said point being at the intersection 62 of Osborne Hill Road and Ketchamtown Road; thence in a nqrthwesterly direction along the northerly line of Ketchamtown Road a distance of 1,400+ feet to the southwest corner of lot 21, block 1, Tax Map 70, said point also being the southeast corner of lot 22, block 1, Tax Map 70; thence across lot 22, 200+ feet to a point on the easterly line of lot 23, block 1, Tax Map 70; thence northwesterly on a line paraliel .with Ketchamtown Road and 200+ feet -northerly therefrom 800+ feet; thence southeasterly 200+ feet to the northerly line of Ketchamtown Road; thence in a northwesterly direction along Ketchamtown Road, across Route 9D, 8,125 + feet to a point on the westerly side of Route 9D and 125+ feet west of Route 9D; thence northeasterly on a line parallel with Route 9D westerly therefrom 500+ feet to a point, said point being on the LB zone line; thence around said LB zone, the following distances: 1,125+ feet, 550+ feet and 1,100+ feet to a point on the south side of Route 9D; thence along the southern side of Route 9D in a northerly direction a distance of 2,400+ feet to the southwest corner of lot 1, block 1, Tax Mp 57; thence easterly on a line parallel with Middlebush Road and 150 feet southerly therefrom, 1,000+; thence southerly through lots 3.1 and 6.1.1, block 1, Tax Map 57, 2,100+ feet to the northerly side of Hopewell Road; thence across Hopewell Road and following the stream bed of Hunter's Creek to a small pond behind the Card Subdivision, a distance of 2,800+ feet, thence around Card's Subdivision 2,400+ feet to a point on the westerly side of Route 9; thence southerly along the westerly side of Route 9 and continuing along the - westerly side of Osborne Hill Road 2,400+ feet to a point; thence crossing Osborne Hill Road and around the HB -2 zon'e 1,600+ feet to the west side of Route 9; thence southerly along the west side of Route 9 2,400 feet to a point; thence in a northeasterly direction across Green Fly Swamp 1,600+ feet to the point or place of beginning. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Mills Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Holt Ave Councilman Mills Ave Mr. Mills Made an additional statement with regard to the:fa'ct that the Public Hearing held last week (on the rezoning) had helped him with his decision. He had.gone into .the hearing with a clear open mind. The presentation made at the hearing made it very evident to him that there was a tremendous water and sewer problem in the Town, rock formation in the area prove the improbability of carrying properly sewer and septic systems and because of this, he;urged all those who had participated in presenting these facts to now help the Town Board to put in water and sewerage districts, so not to continue pollution .of our natural water resources in D utchess County. Mr. Clausen commented that it should be remembered that it was Mr. 77 L 63 Diehl iast April, who asked the R lanning Board for an "in depth" study of apartments and water situations around the Town, and he who suggested other studies to be made along these lines. He .praised the tremendous time and effort the Wappinger Conservation Association had put in, and said he hlped they wouldn't stop here, that they will continue to keep their representatives mindful of what the people want. Mr. Diehl's only comment regarding the rezoning was. that everyone knew how he felt, and thanked the Board for their vote of confidence. MR. FINNAN moved the rules be suspended, seconded by Mr. Clausen and carried. Mr. Little, River Road North, first commented about the rezoning- , noting it took a good deal of soul searching on the part of the Board, ,aided by the facts presented by the Wappinger Conservation Association. They also know there will be a lot of ramifications of the actions taken tonight, and the Wappinger Conservation is quite sincere in continuing their support of the Board. MR. FINNAN moved the rules be_resumed, seconded_by Mr. Clausen and carried. The matter of an Ordinance amending the Town of Wappinger Zoning Ordinance was put before the Board for their consideration (Crimswal Realty Corp.) A public hearing was duly held on March 5, 1970. Notices of Posting and Publication, duly signed and notarized had been offered for the record at the Hearing, recommendations from the Dutchess County Department of Planning and Town of Wappinger Planning Board were received. Neither were unfavorable. The following Ordinance was offered by MR.i CLAUSEN who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York. Section 1. The Town of Wappinger Zoning Map adopted January 29, 1963, is hereby amended by rezoning the following described 'parcel from "RD -20" (Optional Dwelling Residential) and HB -2 (Highway _Business), said tract or parcel of -land being situate in the .Town .of Wappinger, County of. Dutchess and State sof ,New York:arid being located on the east side of Route 9 and being more particulary bounded and described as follows: 64 ALL that certain lot, piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Smithtown Road, said point being the intersection of the westerly line of said Smithtown Road with the Northerly line of lands of Fritz and running thence along the Northerly line of lands of said Fritz, South 34 deg. 16' 20" West 561.70 feet to a iron p±pe set on the Northeasterly line of lands of now or formerly Sidoli; thence leaving said line and running along lands of now or formerly said Sidoli, the following: North 54 deg. 00' 00" West 30.00 feet to. a point; thence South 36 deg. 52' 20" West 712.98 feet to a point on the Northeasterly line of Lot No. 16 as shown on a certain,map entitled "LANDS OF WILLIS H. & MILDRED S. JONES", and recorded in the Dutchess County Clerk's Office as filed Map #1558; thence along Lot No. 16 and Lot No. 13 as shown on aforesaid Map #1558, the following: North 50 deg. 43' 00" West 107.11 feet, to a point; thence South 39 deg. 54' 20" West 405.40 feet to a point on the Northeasterly line of New Street; thence leaving said line and running along the Northeasterly line of said New Street, the following: North 52 deg. 14' 30" West 40.00 feet to a point; thence North 65 deg. 37' 50" West 226.10 feet to a point on the Easterly line of Route No. 9; thence leaving said line and running along the Easterly line of said Route No. 9, the following: North 2 deg 29' 00" West 120.21 feet to a point; thence North 1 deg. 12' 10" East 138.03 feet to a point; thence North 5 deg. 42' 40" East 90.45 feet to a point; thence North 7 deg. 30' 50" East 217.52 feet to a point, said point being the Southwest corner of lands of now or formerly. Pratt; thence leaving said line and running along lands of now or formerly said Pratt, the following: South 66 deg. 51' 00" East 150.00 feet to a point; thence North 8 deg. 57' 00" East 198.56 feet to a point on the Southrly line of lands of Paul Fidrich; thence la leaving said line and running along lands of Paul Fidrich, the following: South 80 deg. 23' 40" East 150.09 feet to a point; thence North. -7 deg. 36+' 00" East 410.00 feet to a point on. the Southerly line of lands of Dutchess Lumber; thence leaving said line and running along the Southerly line of lands of saidXDutchess Lumber and along the Southrly line of lands of now or formerly Poughkeepsie Nursery Company, along a stone wall, the following: North 64 deg. 24' 40" East 612.72 feet to a point; thence North 63 deg. 30' 20" East 216.02 feet to a point on Westerly line of aforesaid Smithtown Road; thence leaving said line and running along the Westerly line of said Smithtown Road, the following: South 16 deg 45' 40" East 123.17 feet to a point; thence South 33 deg 06' 40" East 109.84 feet to a point; thence South 47, deg 46' 00" East 138.10 feet to the point of beginning containing 21.905 acres of land be the same more or less. SUBJECT to the rights of Public Utilities of record. Section 2. This amendment shall -become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Finnan Roll Call Vote: Supervisor Diehl Aye, Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills Aye MR. FINNAN moved that the Minutes of the Special Meeting of December 29, 1969, Regular Meeting of January 12, ]970 and Special Meeting of January 19, 1970, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Mills. Motion Unanimously Carried 1 t 65 The Monthly Reports from the Building Inspector, Town Justices and Supervisor were received, also the Annual Report from Judge William Bulger. MR. CLAUSEN moved the monthly reports from the Building Inspector Town Justices, Supervisor, and Annual Report from Judge Bulger be accepted and placed on file. Seconded by Mr. Finnan. Motion Unaimously Carried Bills for the month were presented for payment as follows: Geraal Fund $10,483.43 Highway Fund 8,059.38 OkSD $ 204.18 Ft.SD $180.77 OKWD 188.75 Ft.WD 124.25 MR. MILLS. moved, the bills be paid, subject to audit. Seconded by Mr. Clausen. - Motion Unanimously Carried A letter was received from the New York State Department of Trans- portation in answer to the :Towns' queries regarding a left hand arrow signal at Route 9 & New Hackensack Road. The State reported having cpnducted p survey at. this' traffic signal, which indicated that an_ arrow signal was not warranted. at this time. Supervisor Diehl asked -that a copy of this letter be sent to the. Village of Wappingers Fails Clerk. MR. HOLT Moved that the New York State Department of Transportation be_requested to keep this signal under surveillance with periodic checks for., increases..in traffic flow that might warrant the installa- tion of aleft hand .arrow signal. device for southbound. traffic trying to negotiate a left turn on to New Hackensack Road. Seconded by Mr. Mills. - Motion Unanimously Carried A rezoning petition was received from EdiQ Palmatier, requesting the rezoning of that portion of his property presently zoned RD -20 to HB -1 so as to conform to that portion of his property that is presently zoned HB -1. MR. CLAUSEN moved that Mr. Palmatier's petition be referred to the Dutchess.County Department of Planning, the Town of Wappinger Planning Board, and also to Mr. Rappleyea, Attorney to the Town, to prepare to 66 an Ordinance to amend the Town of Wappinger Zoning Ordinance for the Board's considertion. Seconded by Mr. Finnan. Motion Unanimously Carried Communications were received from County Representative Robert L'Archevesque regarding the County wide junk car disposal program informing the Board of the status of the subject program. MR. CLAUSEN moved that Mr. L'Archevesque be commended for his work and foresight and also that a letter be sent to him pledging the Town of Wappinger Town Board support of the County wide junk car disposal program. Seconded by Mr. Mills. - , Motion Unanimously Carried Mr. Mills mentioned the reference to junk car ordinances starting a discussion with respect to foreseeable problems in the area of obtaining registrations for junked or abandoned cars. Mr. Rappleyea was asked to look into this area of concern. Further communications were receivedfromCounty Representative Robert L'Archevesque, regarding his intention to introduce, before the County Board of Representatives, a resolution calling for the creation of a Refuse Disposal Agency. If the Town Board was favor- ably inclined to support this action, he requested a letter of support be sent to both the County Executive and himself, so stating. MR. CLAUSEN moved that the Town of Wappinger support Mr. L'Archevesque in trying to accomplish the Demonstration Grant and also, request the Board of Representatives of the County of Dutchess to establish a -County Refuse Agency to exercise the powers and duties of such agency as authorized in sections 251 and 252 of the County Law. Seconded by Mr. Finnan. Motion Unanimously Carried Residents from ,Henry Drive and Aladin Court had requested discussion with the Board r-egarding drainage problems they were experiencing on these two roads. Mr. Fred Wise, 5 Henry Drive spoke about an acute drainage problem all, along -Henry Drive and Aladin- Drive for the, past two years. He statedlthat the starm sewer put in,at the north end of Henry Drive was either not large enough or deep enough to carry off the water. ‘' 67 Water was settling on the properties and seeping on the properties and seeping in basements. Mr. Charles Wood, 3 Henry Drive, stated he had probably the most severe problem., seven inchesof water in his basement several weeks ago, and when water is pumped out, flows and settles on other prop- erties below him. Steve Petvai, 2 Belaire_Lane, said he would like to see a drainage ditch installed so more of his property could be used. Thomas Blanding, 8 Aladin Court, said there was a lot of water under this road, and in his front. yard. In fact., the water table is about one foot above his septic tank. He would like to see storm drainage with catch basins so that the poperty owner could have some place to put the water. Anthony Motise, Aladin Court, read a portion of a letter that was sent to Belair Construction. Company May 1st, 1969,, concerning the drainage problem. William T. Cleary, 4 Henry Drive., said his problem refers very close- ly to Mr. Woods. There are no drains from Myers Corners Road to. Aladin. Court. His property .,is thelow spot on the drive and the front portion of his property gathers the larger portion of draining water from the shoulders of the road, .He said he would appreciate if if the Board or Mr. Horton would take a long hard look at the conditions on Henry Drive, and would appreciate.it if something could bedone for them. Betty Foster, 4 Aladin Court, said her problem was water in the basement, and even when pumped out, it had no place to go. Mr. Horton was called upon to assess the situation. He stated it was one thing to take care of surface water but it will not lower the water table. The problem goes back to about 1951 - one house that was spoken of, is where the stream is, and the stream bed -has been changed. Several houses are where the original swamp was. The water coming in is coming from the land in back of Aladin Court it isn't coming from the Town road. Mr. Diehl asked, either Mr. Lapar or Mr. Horton, if the stream were 68 changed, who did it and had they the right to do it, andwhat effect did it have? Mr. Lapar said it was on the _approved subdivision., approved by the Planning Board. A similar situation is Wildwood.. Mr. Diehl asked what could be done to help the residents. Mr. Horton replied that the surface drainage would have to go to Myers Corners Road, it can't come down to Losee, the culvert there will not take it. Mr. Lapar added that crushed stone and perforated pipe would drain some ofthe water other than the surface water, the -question would be how far down the pipe could go. Basically, the problems_.of the Town are to take care of the surface water on the roads. The Town hasresponsibility only on Town roads and is not responsible for draining private property. Mr. Diehl directed Mr. Horton and Mr. Lapar to investigate this drainageproblem, and report back to the Board at their next meeting. Mr. Herbert Stenger requested information on the status of his.. rezoning. petition (Rt. 9 adjacent .to the Colonial. Restaurant.) Mr- Clausen reflected that this petition had been brought up. and tabled several times for. consideration. He believed it wasthe opinion of the Board that what the Board was looking toward wasthe total development of that area, that they wouldn't like to see the. property developed without a total overall view of how this land is going to be used. Mr. Finnan added that this property (Greenfly Swamp) if allowed to develop along Route 9 would only be pushing a problem back away from the main road. MR. CLAUSEN moved that there would be no action takenat this time on Herbert Stenger rezoning application until the Board had an idea of what the total development of the area would be..(" Green Fly Swamp.) Seconded by Mr. Finnan. Motion Unanimously Carried Mr. Diehl asked if the Board members were prepared to make appoint- ments for the Conservation Committee. 69 Mr. ,Diehl, appointed Walter Cronin, Widmer _Road, Mr. Clausen appointed Muriel Engelnan, Nutmeg Hill, Mr. Finnan appointed Fred Snowden, Myers Corners Road, Mr. Holt appointed William S. Berg, St. _Nicholas- Road, Mr. Mills appointed Richard McGrath, Top 0' Hill Road. The Clerk was instructed to notify all those appointed tonight and also the Chairmen of the Planning Board and Recreation Commission. The date for the initial meeting was set for March. 30, 1970, at the Town Ha2.l. It was also requested that Mr. Schoentag be contacted, asking if he could send someone from the County level, familiar, with the program, to give direction to this Committee. Mr. Mills reported on the Code of Ethics, saying that he had .received last week, a context, on what a Code of Ethics should be, so he and Mr. Clausen will try to compile something between the "conflict of interest" pamphlet and this information. Mr. Mills further reported on Southern Dutchess 1990..The .701 Program has been cut back somewhat on money so the work to be done by Frederick P. Clark & Associates in the first year will not be completed in its entirety. Basically, it means only paying about $2,600 instead of $3,000. The matter of the appointments of Assessors was brought before the Board, (held over from the Reorganizational Meeting.) MR., CLAUSEN moved the name of Michael Turco, as Assessor,to fill the position held over by Arthur Bisom. Seconded by Mr. Diehl. MR. MILLS moved the. reappointment of Arthur Bisom. Seconded by Mr. Holt. The Chair called for a roll call vote on Mr. Clausen's motion to appoint Michael Turco to fill the Assessors' postion held by Mr. Bisom, and seconded by Mr. Diehl. Supersivor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Nay Councilman Mills Nay Motion Carried MR. MILLS moved to reappoint Howard Walker as an Assessor. Motion failed for lack of a second. 0 MR. FINNAN moved that Mr. Leskow be reappointed as as Assessor, .and also be reappointed as Chairman of ,the .Board of Assessors, Seconded by Mr. Mills. , Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Ave Councilman_Finnan Aye Councilman Holt Aye Councilman Mills- Ave Motion Unanimously Carried MR. CLAUSEN moved that Harold Myers be appointed as as Assessor to fill the position held over by Howard Walker. ,Seconded by Mr. Diehl.. Roll. Call ,Vote: Supervisor :Diehl. Aye Councilman Clausen Aye Councilman Finnan .Aye Councilman Holt Nay Councilman Mills Nay Motion Carried The following resolution was offered. ,by MR.. MILLS, who..moved its adoption: BE IT RESOLVED that the terms of office of the three assessors of the Town of Wappinger, Dutchess County, New York, now in office, terminateonthe thirty-first day of December,, 1970,..and be it further RESOLVED, that from and after the thirty-first day of December, 1970,_ there shall be- but one assessor for the Town of Wappingerr and be it further RESOLVED, that on the first day of January 1971, and biennially thereafter, the Town Board of the Town of Wappinger shall appoint. one assessor for such Town, who shall serve for a term of two years and who shall receive an annual salary, which shall be in liew of all other compensation. This resolution is subject to a permissive referendum. Seconded by: Mr. Finnan Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Finnan Aye Councilman Holt Aye Councilman Mills Aye 71 MR. CLAUSEN moved Mr. Kenneth R. Stevens be appointed to the Town of Wappinger Narcotics Council as the Attorney member. Seconded by Mr. Finnan. Motion Unanimously Carried Mr. Clausen commented that as a result of the recent Public Hearings that there is a lot to be desired in relation to who is responsible for enforcing regulations pertaining to water and sewer within the County, if in fact, the regulations are being enforced. He would like County Representative L'Archevesque to call a meeting with the County Board of Health, Town Board and other agencies for an in depth discussion to find out what the problems are in the County, and Town, and what can be expected in the way of enforcement. Mr. L'Archevesque agreed to set up a meeting, as he was interested in solving some of these problems also. Copies of letters had been received, regarding the turning over of old Route 9 to the Town and the Acme Tank Company drainage problem, from Edgar Petrovits to Joseph Wells, Resident Engineer New York State Department of Transportation and from Mr. Wells to Mr. Diehl. Mr. Clausen asked County Representative L'Archevesque if he, on the County level, could see if there isn't something more than can be done on behalf of Acme Tank and the surrounding area, as he doesn't feel the Town should be the recipient of these roads with the problem existing as it is. And, residents of this area have stated this condition did not exist prior to the realignment of Rt. 9. Mr. L'Archevesque agreed to look into this situation. The following letter was received: MEMO TO: Town Board, Town of Wappinger FROM:. Joseph E. Ludewig, Building Inspector DATE: March 6, 1970 Our Assistant Sewer and Water Plant Operator must travel to plants in three different locations of the Town daily as his routine. In addition, he must make numerous return trips and frequently needs to transport pumping and other equipment from plant to plant. Lloyd has been using his own vehicle up to this time, but it seems to me that for the aount of mileage he is running up monthly it would be more economical for the Town if he were to use the station wagon that I have been using for the last year. Another advantage to having Lloyd use this vehicle, it is equipped with a mobile radio unit which would enable us to make, contact with him during the day when it becomes necessary. Because we now have a full-time Deputy Building Inspector, I no longer am required to be out of the office as much -as I formerly was, and I am willing to use my own car on a paid mileage:basis, as I did before having the Town vehicle assigned to me. There is one problem; inasmuch as this Department was billed by the Highway Department for the transfer of this vehicle, I would expect that you would credit our account with the value of this vehicle,. to be applied towards the purchase of a vehicle for the Building Department at a future time. MR. MILLS moved that the Town Station Wagon be transferred from the Building Inspector Department to the Assistant Sewer Plant operator for his use in maintaining the sewer plants. Reimbursement to the proper account to be made after further discussion with Mr. Ludewig. Seconded by Mr. Finnan. Motion Unanimously Carried Mr. Rappleyea stated, in regard to the purchase of a portion of the Barber property for the Town Highway Department, he had met with Mr. Barber and have come to an agreed price of $15,000 for the approx- imate 21 acres. If it is the pleasure of the Board, he will proceed with preparing the necessary Bond resolution, and also, have a contract prepared by Mr. Barbers' attorney, which would be conigent upon the approval of the financing. MR. CLAIJSEN moved that the Attorney to the Town be given permission to proceed with the closing of the contract for the Barber property, and preparation of the Bonding Resolution. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Clausen asked if Mr. Rappleyea had a report on his request to Highway look into the mechanics of setting up the positions of/Superintendent and Town Clerk as civil service positionsto take them out .of=the political area. Mr. Rappleyea said he would try to have this report by the. next Board meeting. Mr. John Costa, Chelsea Road, was recognized by the Chair. He read a letter he had written to the Board regarding a problem he was experiencing with a pond that extends behind his land. He indicated L 73 1 that the opening of the present dam (on the Chelsea Ridge Apartment property) wasn't too large, and asked that when the permanent dam is constructed thought be given to increasing the apurtures to three six foot openings and drop the overflow another six inches. The water is, at present, backing up to his property, and he is having trouble with his septic tank fields because of the surface water being so high. Mr. Diehl instructed Mr. Lapar, at the next Planning Board meeting to determine if Mr. Rosenberg is going to do what is needed and when, and if not, the Town Board can then take whatever action can be taken to see that it is done, if the Board has the legal right. MR. CLAUSEN moved that the Town Clerk be instructed to write to the Planning Board, asking them to consider withholding approval of Chelsea Ridge site plans until such time as the flooding condition caused by their dam in the area of the Costa property is rectivied. Seconded by Mr. Diehl. Motion Unanimously Carried The matter of a Local Law #1, 1970 entitled "A Local Law Regulating the Use of Public Sewers in the Town of Wappinger", having been introduced before the Board, February 17, 1970, and a Public Hearing having been held on March 9, 1970 was now brought before the Board for their consideration. (Affidavits of Posting and Publication duly signed and notorized submitted by the Town Clerk for the record at the time of the hearing.) MR. DIEHL moved the adoption of Local Law #1 - 1970, entitled "A Local Law Regulating the Use of Public Sewers in the Town of Wappinger." Seconded by Mr. Finnan. Roll Call Vote: Supervisor Diehl Ave Councilman Clausen Ave Councilman Finnan Ave Councilman Holt Ave Councilman Mills Ave (Local Law #1 - 1970 is attached hereto and made a part hereof of the Minutes of this Meeting.) MR. MILLS moved the'meeting be adjourned, seconded by Mr. Clausen and unanimously carried. Meeting adjourned at 10:15 P.M. aine H. Snowden Town Clerk Reg. Mtg. March 9, 1970 ,CI LOCAL LAW #1 OF 1970 A Local Law Regulating the Use of Public Sewers in the Town of Wa p,o inq er A local law regulating the use of public sewers and drains, and the discharge of waters and wastes into the pu'slic sewer system and providing penalties for violations thereof, and pro- viding also for the collection thereof; in the sewer districts, sewer in rovcment areas or other Municipal Sewer Systems of the Town of Wappinger, excluding the incorporated Village of Wanpinger Falls. BE IT ORDAINED and Enacted by the Town Board of the Town of Wappinger, Dutchess, :Naew York, as follows: ARTICLE I Definitions Unless the context specifically indicates otherwise, the Meaning of terms used in this local law shall be as follows: Sec. 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxida- tion of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter. Sec. 2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall. Sec. 3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. Sec. 4. "Combined Seller" shall mean a sewer receiving both surface runoff and sewage. Sec. 5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of \ -1- 11 food, and from tha handling, storage, and sale of produce. Sec. G. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage. Sec. 7. "Natural Outlet" shall mean any outlet into a water- course, pond, ditch, lake, or other body of surface or' groundwater. Sec. 8. "Person" shall mean any individual, firm, company, association, society, corporation, or group. Sec. 9. .E" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Sec. 10. "Properly Shredded Garbage" shall mean the wastes from the preparation, cooing, and diepeneiag o food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimeneion. Sec. 11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority. S. 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are ,..notintentionally admitted. S. 13. /'Sewage" shall mean a combination of the water -carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sec. 14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage. Sec. 15. 'Swage Works" shall mean all facilities for colle ing, pumping, treating, and disposing of sewage. Sec. 16. "Sewer" shall mean a pipe or conduit for carrying se1,7age. Sec. 17. "Shall" mandatory; "May" is permissive. Sec. 12. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour.concen- tration or flows during normal operation. Sec. 19. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wasca3, 01=1" -2- than unpolluted cooling water. Sec. 23. "Superintendent" shall mean the Superintendent of Sewage Works or in the .event there is no Superintendent, the Building Inspector of the Town of Wappinger, or their authorized deputy or agent. Sec. 21. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Sec. 22. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently. ARTICLE II Use of Public Sewers Required Sec. 1. It shall be unlawful for any person to pi:_cc, deposit, or permit to be deposited in any unsanitary :tanner on public or private property within the Town of Wappinger, or in any area under the jurisdiction of said Town, any human or animal excrement, garbage, or other objectionable e;aste. Sec. 2. It shall be unlawful to discharge to any natural out- let within the Town of Wappinger, or in any area under the jurisdiction of said Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance. Sec. 3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. Sec. 4. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the Town and abutting on any stre=et, alley, or right-of-way in which there is now "'"`"' oriaay in the future bit located a public sanitary located s:. a.C. � or combined e we `_; of the Town, is hereby required at his expense to install suitable toilet facilities t.erein, and to con nect . s ch facilities directly with the proper .,ublic 2 -ewer in accordance with the provisions of this local law, within ninety (90) days after date of official notice to do so, provided that said public sewer is within one hundred (100) feet (30.5 meters) of the property line. -3- ARTICLE Private Sewage Disposal 1. hore a public sanitary or combined sewer is not evailab e under the provisions of Article II/ Section 4, the building sewer ehall be connected to a private sewage disposal system complying with the provisions of this article. Sec. 2. Before commencement of construction of a private cewage disposal system, the owner shall first obtain a written permit signed by tae Superintendent. The apeli- cetion for such permit shall be made on a form furnished Ly the Town, which the applicant shall supplemene by any piens, seccifications, end other information as are deemed necessery by the Superintendent. A permit ane inspection fec of $10 ehall be paid to the Town at the same time the aeplication is filed. Sec. 3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notif! the Superintendent when the work is ready for final inspec- tion, and before any underground portions are covered\ The inspection shall be made within 48 hours of the receipt of notice by the Superintendent. Sec. e The type, capacities, location, and layout of a pri- vate sewage disposal system shall comply with all recom- mendations of the Department of Public Health of the State of New York. No sentic tank or cesspool shall be permitted to discharge to any natural outlet. Sec. 5. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Article III, Section 4, a direct connection ehall be made to the public sewer in compliance with this local law, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. Sec. 6. The owner shall operate and maintain the private sewage disnoeal facilities in a sanitary manner at all times, at no expense to the Town. Sec. 7. No statement contained in this article shall be con- strued to interfere with any additional requirements that may be imposed by the Health Officer. Sec, S. When a public sewer becomes available, the building sewer shall be connected to said sewer with sietv ;60) days and the private sewage disposal system ehall be cleaned of sludge and filled with clean bank -run gravel or dirt. -4- ARTICLE IV Building Sewers and Connections ,c unauthorized lai2c"1',' hori zee. -,.. ,"e:son shall uncover, F.1akca.. c:r:�7 con- nections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first o ;tain- in;; a written permit from the Superintendent. Sec. 2. There shall. be two 2® classes of building sewer t e r- ts: (a) for residential tial and commercial service, and (b) for service to establishments producing industrial e'astes. Iri either case, the owner or his agent shall maks ep pl ication on a special form furnished by the To vn • The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. /�re ! 'it .��ee�.J+:..s. aitbill.s.�.'s�it�. A permit and neoe:ction fee of $10 for a residential or commercial .� U;J building sewer permit and $ 25 for an industrial building sewer permit shall, be paid to the Town at the time the application is filed. Sec. .J 6 All costs and ex leenss• iii incident to the installation and connection of the building sewer shall be borne by the owner. The owner sn-baindemnify the Town from rom any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. Sec. , . A seperate and independarat building sewer shall be pro- vided for every building; except where one building stands zt the rear of another on an interior lot and no private sewer w c available �5 e�+b can ^ e c.�an t:�ucted to the rear .J v.., �: t,,..i. .i. CJ L> Vf;�..j.l fr.�2.b✓ V+�.. 4r 6wi:i be �.:. �V.S�..i ` building through an adjoining alley, court, yard, or from drive- way, C..S'�.w', .��1::� building sewer_ • vc:� the front building may e ended to the rear building and the whole considered as onelbeilding sewer. 5. Old building ct;3C'J a: r3 r:av 5 used in connection with new buildings s only when they are found, on examination and test by the Superintendent, to meet all re cuir. ementc of this ordinance. Sec. v The c ?`', done, ali�@ ":c,. { g e`'. t.eria_;.s of :C; irruction C:.. a building sewer, anf. .12ear 'rto be used:d in exca- vating, placing of the pin:,, jein4: ing, testiai' , nd back- .. i:.l*.n trench, .r._:11 :11 con or... 'to t::a.: rac.1.,,:. cr.ents of the W b,ui1dinj J ' rbi. cc e or o ther �✓j a ,c b1e rules Cgu1aiion ofvha Ton. absence of cede provisions or in emplification c;er,:fy t..materials and LrL7Czri;:4::`t'.ci set forth in enprop.ric,te sncoifications of the A.S.T.M. and `U'a.�.i..... . _:.%iSaur11 of Practice _cow`! vr$3c311 aply. Sec. , Tifnenver 7,os7..ible, the iuiid g sower shall be brought J to thy.". build'ng at an elevation .‘he b ...rC.:: en In all buildings .ngs i n which any .ci ,:rain. is ,:co sow to r.0 rm t gravity flow to the public sewer, sanitary wage carried by such building drain shall be lifted be' en approved means and discharged to the building sewer, singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, conzeitute a hazard to humans or animals, create a public reeisance, or create any hazard in the receiving waters of ehe sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/1 as CN in the wastes as discharged to the public sewer. (c) Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing - damage or hazard to structures, equipment, and personnel of the sewage works. (d) Solid or viscous substances in quantities or of such eize capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, ee:s, feathers, tar, plastics, wood, unground garbage, whole bleed, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc. either whole or ground by garbage grinders. Sec. 4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appear z likely in the opinion of the Super- intendent that such wastes can harm either the sewers, sewage treatment process, or equiement, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public nroperty, or constitute a nuisance. In forming his opinion as to the acceptability of these westes, the Superintendent will give consideration to such factors as the quantities of subject wastes in rela- tion to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treateeent process, capacity of the sewage treatment plant, degree of trcatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are• (a) Any liquid or vapor having a temperature higher than one hundred fifty (150)°F (65°C). (b) Any water or waste containing fats, wax, gr -,:ase, or oils, Anether emulsified or not, in excess of one hundred (ICO) mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) rnd one hundred fifty (150)°F (0 and t:;teC). (c) Any garbage that has not been properly shredded. The installation and o-oeration of any garbage grinder cquipped with a motor of thr3e-fourths (3/4) horsepower (0.76 hp eletric) or greater shell be subject to the review ane approval of the Superintendent. (d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating soluticns whether neutralized or not. -7- (e) Any waters or wastes containing iron, chromium, per, zinc, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to c;uch degree that any such material received in the compo- site sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials. (f) Any waters or wastes containing phenols or other taste - or odor -producing substances, in such concentrations ex- ceeding limits which may be established by the Sunerinten- dent as necessary, after treatment of the composite sew- age, to meet the reauirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving waters. (g) Anv radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applizable State or Federal regulations. (h) Any waters or wastes having a pH in excess of 9.5. (i) Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lima residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting slugs" as defined herein. (j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent can - meet the requirements of other agencies having juris- diction over discharge to the receiving waters. Sec. E. If any waters or wastes are discharged, or are propoeed to be discharged to the Public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgement of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may: (a) Reject the wastes, -8- (b) Require pretreatment to an acceptable condition for discharge to the public sewers, (c) Require control over the quantities and rates of discharge, and/or (d) Require payment to cover the added cost of han- dling and treating the wastes not covered by exist- ing taxes or sewer charges under the provisions of Section 10 of this article. Zf the Sunerintendent permits the nretreetment or equalization of waste flows, the design and installa- tion of the plants and equipment shall be culject to the review and approval of the Superintendeet, and subject to the requirements of all applicable codes, oedinancas, and laws. Sec. 6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes con- taining grease in excessive amounts, or any fisessable wastes, sand, or other harmful ingredients; exceet that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a tyre and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. Sec. 7. Where preliminary treatment or flow -equalizing facili- ties are provided for any waters or wastes they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Sec: 8. When required by the Sunerintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, samnling, and measurement of the wastes. Such manhole, when recuired, shall be accessibly and safely located, and shall be constructed in accordance with plans aoproved bey the Supesietendent. The manhole shall be installed by the c'ener at his exnense, and shall be naintained by him so as to be safe and accessible at all times. Sec. 9. Ali measure:sents, tests, and analyses of the charac- teristics of waters and wastes to which reference is maeSs in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Exane:.nation of Water and Wactewater," published by the American 1:ealth Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole haa-been required, the control manhole shall be considered /to be the nearest downstream manhole in the public sewer to the/ point et which the building sewer is connected. -9- Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hacards to life, limb, and property. (The particular analyses in- volved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Nor - rally, but not always, BOD and suspended solids analyses ere obtained from 24 -hr composites of all outfalls whereas pH's are determined from periodic grab samples. Sec. 10. No statement contained in this article shall be construed as preventing any special agreement or arrane- ment between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject tO payment therefore, by the industrial concern. ARTICLE VI Protection from Damage Sec. 1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violat- ing this provision shall be subject to immediate arrest under charge of disorderly conduct. ARTICLE VII Powers and Authority of Inspectors Sec. 1. The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the pur- poece of inspection, observation,emeasuent, sampline, and.testing in accordance with the provisions of this local. law. The Superintendent or his representatives shall have no authority to inquire into any processes in- ele(Ling metallurgical, chemical, oil, refining, ceramic, paper, or other iedustries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. Sec. 2. While performing the necessary work on private pre- perties referred to in Article V/I, Section 1 above, the Superintendent or duly authorized employees of the Town shall observe all safety rules epplicable to the prcmisee eztabliched by the company and the company shell be held harmless for injury or death to the Town emoloyces and the -10- To shall indemnify the company against loss or damage to its property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except es such may be caused by negligence or failure of the company to maintain safe con- ditions as reGuired in Article V, Section 8. Sec. 3. The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any por- tion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the ierivate property involved. ARTICLE VIII Penalties • 1. Any person found to be violating any provision of this local law except Article VI shall be served by the Town with written notice stating the nature of the vio- lation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, withir the period of time stated in such notice, permanently cease all violation. Sec. 2. Any person who shall continue any violation bevcnd. the time limit provided for in Article VIII, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding $50 2or each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Sec. 3. Any person violating any of the provisions of this local law shall become liable to the Town for any expense, less, or damage occasioned the Town by reason of such violation. ARTICLE IX Validity Sec, 1. Local law of 42 of 1969 is hereby repealed. Sec. 2. The invalidity of any section, clause, sentence, or provision of this ocal law ',shall not affect the velieity -11- of any other part of this ordinance which can be given effect without such invalid part or parts. ARTICLE X Ordinance in Force Sec. 1. This local law shall be in full force and effect from and after its passage, approval, recording, and publica- tion as provided by law. -12- To LCIIIS D. plEHL WARRANT , Supervisor Town of WAPPINGIR , County of =CHESS , New York. The following claims, having been presented to the Town Board of the Town of and duly audited and allowed at a meeting thereof held on the WAPP1MGER 9th day of March , 19.14__, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT IAMOUNT FUND OR ALLOWED ACCOUNT 100 Madlyn Marcojohn 140.60 812 101 Francis Sherow 114.00 506 .1Q2 custom Cleanina COntgagAo4 125.00 509 103 Hotel Roosevelt 733.71 1208 104 John P. Holler 39.80 1408 105 Philip E. Stillermall 35.00 704 604 106 Rudolph X. Leper 833.32 1303 107 Ser-Willen Aabulands 1,933.37- 1210 611 666.66 1308 108 Allan B. RAPPleyea 109 Carl Swenson 110 James T. Guarino 111 James T. Guarino 20.00 505 117.50 901 118.95 901 112 Mid-Oudson Office Machine 12.00 113 Marine Midland Nat'l Ink 150.00 505 114 Patrick McKay 35.00 1411 115 Robert Magdalany 2,400.00 1\1312 116 Nappinuers Central School, 22.00 505 117 Wappingers Central School 22.00 505 505 118 Xerox Corporation 12S. 509 119 Shaker, Travis & guinn 120 M & S.D. News 121 W. fi S.D. News 122 McCombs Stationary OTHER INFORMATION. Parker & N. Clinton, PX Y Wappingers Falls, N.Y. 10 Market St. Poughkeepsie Jr. High School, mama= Ave. 109.28 508 rusainst_jdappingers115 610 75.60 1307 12.60 1307 2.09 710 279 Main St. Poughkeepsie In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Mappinger this 1 day of \Ns.Q,x-J" 191r0 64)cm_, Town Clerk PEAL] To Lakin D. Diehl WARRANT , Supervisor Town of W.e;ppi er , County of Dutahess , New York. The following claims, having been presented to the Town Board of the Town of Wapping er , and duly audited and allowed at a meeting thereof held on the ... _day of $ x h , 197©..., in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are herebyauthorized and directed to pay to each of the following claimants the amount allowed upon is claim as hereinafter stated: CLAIM No. 173 NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT al I3udaop 8.10 912 124 Hese Oil i Chemical Wiv. 542.09 548 125 Burrouahs Corp. Todd Div. 22.08 707 12¢ Mew York Telephone 189.30 508 507 127 .chcatwr Satz Co. inc. 206.12 509 128 Great Bear Spring Co. 16.50 505 129 Central Hudson 217.80 508 130 Iggleston 96.90 509 131 P i 0 Sand i Gravel 999.60 1312 132 Beatrice W. Salyer 31.50 1001 133 Martin Leskow 25.7Z 808 134 Urey Hardware Co. 1.78 509 135 R. A. Williamson 50.00 1312 609 136 Blue Crosti 9nn.1306 OTHER INFORMATION In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this day of , 19 [SEAL] Town Clerk SPECIAL DISTRICTS To LOUIS D. DIEHL WARRANT , Supervisor Town of NAPPIAGER, , County of DUTQi M , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the WAt t i.�ut►.t 9th day of March , 1970 , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are herebyauthorized and directed to pay to each of the following claimants the amount allowed upon s claim as hereinafter stated: CLAIM No. NAME OF CLAIMANT !AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION 134 Urey Hardware Co. 5.50 1511 (Voucher filed w/ Gen. Fund) 1510 33 Lloyd T. Anderson, Jr. 60.50 1511-1520 34 Central Hudson 284.36 1511 35 Contractors Machinery Corp. 10.75 1511 36 Central Hudson 179.98 1510 37 Central Hudson 119.5,? 1509 38 Axton -Cross Company 69.23 1509 39 Harald Wiegard Plumbing 40.00 1520 40 R. H. Linge, Inc. 13.06 1520 41 Central Hudson 103.51 1520 42 Central Hudson 119.45 1519 43 N i S Supply Coro 4.80 1519 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this ICS `f= day of \\.ZY , 19-2c) [SEAL] Town Clerk