1967-10-09 SPMFitt
ADMINISTRATIVE HEARING, 8:00 P.M., Town Hall, Mill Street, Wappingers Falls, New
York, October 9, 1967.
An Administrative Hearing on the Carl Swenson Gravel Mining Permit was opened at
8:23 P.M. by Supervisor Fulton.
Present:
Joseph H. Fulton, Supervisor
Vincent Francese, Justice of the Peace
William Bulger, Justice of the Peace
Louis Clausen, Councilman
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Rudolph Lapar, Engineer to the Town
Joseph Ludewig, Building Inspector
Joseph Quinn, Attorney to the Town
Harold Reilly, Attorney to the Town
Carl Swenson
Edward V.K. Cunningham, Jr., Attorney for Mr. Swenson
Mr. Fulton asked that Mr. Cunningham address the Board.
Mr. Cunningham stated that Mr. §Menson had not received the papers until late
yesterday afternoon (Sunday, October 8, 1967) and the perplexity of the matter was
such that they wished to get some engineers together to appear before the Board,
and it turned out that Barger & Russ were not available this evening. He then
asked if the Board would grant them an adjournment for a period of time at the
Boards pleasure. They would like to have 2 weeks, if possible.
Mr. Francese asked Mr. Cunningham "in other words, you are submitting to the
jurisdiction of the Administrative Hearing ?"
Mr. Cunningham replied that they felt that the Hearing should be held, with some
dispatch, if it was going to be held eventually, it might as well be at the con—
venience of everybody, and he remarked that when the notice came out it recites
almost all of the sections that are in the Ordinance, it's a fairly complex thing,
and they would like to have an adjournment.
Mr. Fulton called for a recess at 8:25 P.M.. Hearing resumed at 8:29 P.M..
Mr. Fulton, directed to Mr. Cunningham, stated that there were a few questions
the Towns Attorney would like to ask him.
Mr. Quinn: Mr. Cunningham, the main thing was, while a copy of the notice of this
hearing was served on your firm, a copy was and should have been served on
Mr. Swenson. Service was made on Sunday, on the sabbath, it was questionable.
Now in considering your request for adjournment, I think this Town Board should
also take into consideration whether there should be a re—service of Mr. Swenson
or whether you people would consent to give us notice of appearance.
Mr. Cunningham had no objection.
Mr. Quinn: Then there will be no need for re—service, gentlemen.
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Mr. Fulton asked if the Board had any other questions.
There were none.
Mr. Fulton: Mr. Cunningham, it is the unanimous decision of the Board that
we won't go as far as 2 weeks, we would like to set the Hearing on the 19th of
October — nine days from now.
Mr. Cunningham accepted the date, and thanked the Board.
Mr. Clausen moved that the Administrative Hearing be adjourned until 8:00 P.M.
Thursday, October 19, 1967. Seconded by Mr. Francese. Motion unanimously
carried.
Administrative Hearing adjourned at 8:42 P.M..
Elaine H. Snowden
Town Clerk