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1966-04-04 SPMWAIVER OF NOTICE OF SPECIAL MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK The undersigned, being all of the members of the Town Board of the Town of Wappinger, Dutchess County, New York, do hereby waive notice of the time and place of the holding of a special meeting of said Town Board, and do hereby agree and consent that the same be held on the 4th day of April, 1966, at 84D0 o'clock in the afternoon of that day at the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York, for the transaction of all business which may properly come before the meeting or any adjournment thereof. ervis$r ifustice of the Peace / / JULy 'Siistice of the Peace ' Counci man Councilman Due and timely notice of the above mentioned meeting is hereby admitted. 'ZS-1,--6AJok:LJE, Town Clerk Town of Wappinger o 81 A Public Hearing on a Petition to Form theRockingham Sewer District was held by the Town Board, Town of Wappinger, on Monday evening, April 4, 1966, at the Town Hall, Mill Street, Wappingers Falls, New York. Present: Joseph H. Fulton - Supervisor William J. Bulger - Justice of the Peace Vincent S. Francese - Justice of the Peace Absent:: None Others Present: Joseph D. Quinn - Attorney Harold H. Reilly - Attorney Knud Clausen - Highway Superintendent Louis D. Diehl.- Councilman Louis C. Clausen - Councilman Elaine H. Snowden - Town Clerk Vincent C. Kelley - Engineer Joseph E. Ludewig - Building Inspector The hearing was called to order by Mr. Fulton at 8:15 P.M. He asked if those who might wish to speak either for or against this petition would give their names. FO R Mr. T. Logan Mr. A. W. Vandewinckel AGAINST Mr. Armany Mr. R. Schmalz Mr. C. Cortellino Mr. Quinn formally offered the following to the members of the Town Board: 1. Petition of Schoonmaker Bros., Inc. for the formation of a district to be known as Rockingham Farms Sewer District. This petition is dated February 24, 1966 and acknowledged as of that date, signed by H. B. Schoonmaker, Sec.-Treas. Acknowledgement of seal taken on February 24, 1966 by Frank Valdina, Jr., Notary Public. 2. 3. Order sider Proof made by this board on March 10, 1966 calling a meeting to con - the petition of Schoonmaker, signed by the Board Members. of publication of the Order of the Board in the form of an affidavit by B. Osten of Wappingers and Southern Dutchess News, published on March 17, 1966. 4. Affidavit of the Town Clerk as to the posting of the order on the Town Bulletin Board. Mr. Indzonka presented to the Town Board an application applying for approval and permit to discharge. (On file in the Town Clerk's Office) Town Clerk read the Order and Mr. Quinn asked that the reading of the des- cription of boundaries be waived because of its length, noting that the descrip- tion would be available for anyone who wished to examine it. A motion was made by Mr. Bulger, seconded by Mr. Clausen, to waive the reading of the metes and bounds. The vote was four ayes with Mr. Fulton abstaining. Mr. Quinn - Since the petition made for Schoonmaker Bros. has been filed with this Board, I have made an examination as to form and content and find that: 8 2` 1. There is a recital in the petition that Schoonmaker Bros. is the owner of all taxable property. I have verified that fact with the examination of tax rolls and I find that the petitioner is shown to be the only owner and that the full value of the land assessed is $8,870 - Account No. 159650. Section 191 of the Town Law requires that the petition be executed and acknowl- edged in the same manner as would be a deed. An examination of the original petition shows that it was signed by a corporate officer, seal has been affixed, and that the corporate officer's signature has been witnessed by a Notary Public and there is a recital as to the name and residence of the corporate officer and the fact that the petition has been executed. Exhibits consisting of a map of the subdivision, a schematic design of the sewer system and diagrams of the sewage treatment plant were presented, asking that they be filed as a part of this proceeding. I have a copy of a letter directed to the petitioner, Schoonmaker Bros., signed by Joseph J. Kosman, dated January 17, 1966, indicating technical acceptability of these plans. STATE OF NEW YORK DEPARTMENT OF HEALTH January 17, 1966 Schoonmaker Brothers, Inc. 13 Starrow Drive Newburgh, New York Gentlemen: Re: Technical Acceptability of Plans or Rockingham Farms Wappinger (T), Dutchess County We have reviewed the plans, specifications and enginegr's report for the above referenced project. The facilities are shown on the plans submitted on October 22, 1965, December 28, 1965 and January 17, 1965, by Herbert L. Kartiganer, P.E., 555 Route 94, New Windsor, Neiburgh, New York. These plans have been found to be technically satisfactory from an engineering standpoint. No permit for the discharge of wastes as required by Prticle 12 of the Public Health Law is being issued at this time. This apprpval is only for the initiation of proceedings for the formation of a transportation corporation pursuant to Section 117 of Article 10 of the Transportatioh Corporation Law. It is not an approval for the commencement of construction. Any such action would be in violation of Article 12 of the Public Health Law. Upon submission to this office of a copy of the certificate of incorporation of the sewage disposal corporation and satisfactory demonstration regarding adequate operation proposed, a final approval and permit to discharge will be issued. Such demonstration would be a letter from the certified operator or a copy of the work contract document. In this instance, the application for a permit shall be signed by the officers of the corporation. It should be noted that Section 116 of Article 10 of the New York State Transportation Corporation Law requires the consent of the local governing body for incorporation. If the town should elect to take over the plant and form a sewer district, then the application for a permit must be signed by a town official or a duly authorized representative. In that case, a copy of the resolution of 8 3^ formation of a sewer district from the Town of Wappinger, must be submitted to this office. If you have any questions, do not hesitate to contact Mr. Joseph F. Kelleher (GR 4-4697) of this office, Very truly yours, s/Joseph J. Kosman, P.E. Senior Sanitary Engineer Municipal -Industrial Wastes Section Mr. Quinn then requested the Engineer for the Town, Vincent C. Kelley, to answer a few questions for him or anyone else who may wish to question him. Quinn: Have you exOmined the petition of Schoonmaker Bros.? Kelley: Yes. Quinn: With reference to their proposed subdivision, are there 460 lots? Kelley: There are 380 lots. Quinn: Have you had an opportunity to look at the schematic diagram for the layout of the collection system? Kelley: Yes. Quinn: Can you make any comment as to the quality of the plans and feasibility? Kelley: Plans are Perfectly acceptable. Quinn: Is it a fact that a good part is presently installed in the development at this time? Kelley: That is not true. There is work to be completed. Quinn: Have you had an opportunity to look at the plans for the sewage treat- ment plant? Kelley: Yes, but not in great detail. Quinn: Have you been on the site itself? Kelley: I have been on the site. Quinn: Is the plant completed? Kelley: I don't know. Quinn: Confining yourself to material presented in the way of plans, can you make any comment as to whether the public interest would be well served if the Town Board were to approve this? Kelley: In my opinion, the public would be well served. Quinn: Is there any reason that you can think of that, if these plans are followed faithfully, the resulting system and plant would not be a worthwhile operation and effectively serve the area it is designed for? Kelley: None that I know of. Quinn: Do you have any other comment with reference to this application? Kelley: No. Quinn: I would like to call Mr. Jack Hill, Senior Sanitary Engineer, Dutchess County Health Department. Quinn: Are you familiar with this petition? Hill: _Yes. Quinn: Have you had occasion to examine the plans and specifications for the 84 sewer system and treatment plant? You heard me read into the record a letter from the New York State Health Department indicating technical acceptance. Do you have any independent knowledge that these plans have been found acceptable? Hill: Yes. Quinn: Was there a time in recent months where these plans came into your hands for examination? Hill: They were originally submitted to our department. We examined them in a preliminary manner and forwarded them to the New York State Health Department. Quinn: Is there any reason that you would think that this was not a feasible, workable scheme for the construction and operation of a sewer district if these plans are faithfully followed? Hill: No. Quinn: Have you any comment you might wish to offer to the Town Board? Hill: It is the general policy of the Dutchess County to advocate municipal sewer districts and we advocate the formation of this district. Clausen: What is the maximum limit this plant could take? Hill: 200,000 gallons per day. Francese: Is there a possibility of expanding? Hill: Yes. Clausen: Is there any reason to doubt that the affluent might go out below flood stage? Hill: We believe this -plant has maximum flood protection. Clausen: I ask this because I have been water in the area. Hill: Components are water tight. No problem of affluent. It goes strictly to the stream, whether it is high, low, or whatever it is. Clausen: No indication that the stream would be low enough to accept the affluent? Hill: That is the reason why we have tertiary treatment. This is a final polishing treatment. We sue this in all streams during periods of low flow. Diehl: You stated it could be expanded. To what extent? Hill: I have made no detailed study of that. I would say, speaking from memory, that it could be doubled. Quinn: With good engineering design and construction, can you see any problems in expansion? Hill: No, sir. Quinn: Limitations on expansion would be a matter of economics and ability of the district to provide for the cost. It is my understanding that, at this stage, the sand filters are not installed. Indzonka to Hill: Do you have a recollection that back in the early part of 1965, your County Health Department gave approval to a sewer plant affecting 155 of these 210 acres and that that particular plant was for a 90,000 gallon capacity, whereas this plant for 210 acres is for 200,000 gallons and also that when this was approved for 155 acres for 90,000 gallon capacity that it did so in an installment section so that it was not a complete 90,000 gallon sewer in the beginning? Hill: Dutchess County Health Department did not approve it, it was the New York State Health Department. A letter of technical acceptance was written. That was a different type of treatment, what we call EA. Type of treatment pro- posed now is different. Indzonka: Is this better or worse? Hill: Both are good. Indzonka: The County Health Department did put a stamp of approval on this? Hill: No, they did not. If you are talking about a subdivision map, yes. Indzonka to Mr. Caudy, Vice -President of Schoonmaker Bros.: There is an alle- gation in the petition that this plant, when completed and at the request of the Town, will be turned over to the Town at no cost. Mr. Caudy: That is so. A FIVE-MINUTE RECESS WAS CALLED AT 8:55 P.M. HEARING REOPENED AT 9:20 P.M. Quinn: At this time I would present to you a supplemental petition which has been filed with the Town Board made by three corporations; Edgehill, Opalo Realty and Angel Brook Realty. The petition contains a recital that each of the corporations are owners of tracts of land which lie in the immediate vicinity and involve several hundred additional residential lots. Owners are at the stage where they have received technical approval from the State of New York for separate corporation systems and sewage -treatment plants are are ready to go on construction, in all or part. They have been held up on orders of the Town Board and the Dutchess County Health Department while this problem was being considered. They are asking that their tracts of land be included in the district which is proposed to be formed and that the boundaries outlined in the petition and on the maps of Schoonmaker Bros. be changed and modified, enlarged and extended to include their. districts. Plans and diagrams essen- tially show the collection systems which are proposed and the fact that these tracts will be connected by trunk lines and eventually to the plant on Schoon- maker Bros. site for disposal. These three petitioners have made an allega- tion that the improvements proposed in their lateral collection systems and trunk lines will be installed at their own respective cost and there will be no expense to the Town. Under Section 194 of the Town Law, when a proceeding for establishment of a sewer district has arrived at this stage, it is proper and appropriate for this Board to consider the question of extending the boundaries of the first district so as to include property and property owners. For this purpose, the statute permits the Town Board to make an order in effect adjourning this hearing to a day certain which is not less than 15 nor more than 25 days and setting an additional hearing on the request for an extension and allowing us to take testimony at that time and decide whether to stay with the original boundaries or extend them. This hearing does not encompass any of the material in the supplemental petition so it would not be proper to take any technical testimony on the merits of the petition. I would like to recall Mr. Hill to ask a few questions to illustrate the policy and thinking of the Dutchess County Health Department and his acquaint- ance with the New York State Health Department with respect to this petition. Quinn: Taking into mind the original Schoonmaker Bros. petition and assuming that we have this new petition from these three corporations, I would like you to tell the Board what the- thoughts of your department are and what you know of the State's thinking with regard to the relative size of sewer dis- tricts and their function. Hill: It is our policy to incorporate as many subdivisions as possible into one district and have as few treatment plants as possible discharging. Proper operation and maintenance always becomes a problem. We would advocate in this case that these three supplemental petitions be considered. Indzonka: Are you familiar with the number of sewer taps that would be in this? Hill: I would gather it would be-in the neighborhood of 800 - 1000. Indzonka: Do you, having made yourself aware of the capacity, say that in addition to the homes that would be served in the Schoonmaker development that this would be large enough to accommodate the extension? Hill: With an expansion of the plant it would be. Under the present plans, the application is for a plant to process 200,000 gallons per day. After that point is reached, you-must expand. Indzonka: How many sewer taps can be made in the 200,000-gallon plant? Hill: 300 gallons per lot. Indzonka: You would then need approximately 12 - 1300 taps before expan- sion. 200,000 gallons is intended to serve 460. You would have a need for a plant to serve 1200 minimum. Hill: If you have 1200 taps, you would need an expansion. Quinn: Assuming this Board were to make a decision extending the boundaries of Rockingham Farms to include these properties, as Mr. Hill initially testi- fied, if you are talking in terms of 800 - 1000 lots to be served: 1. We can't assume that all of the lots will be improved with a house immediately upon approval of this district, nor within a year. 2. Certainly there is some degree of plant and facility expansion that must be contempleted. Were there to be plant expansion, those properties which enjoyed the benefits of the expanded facilities would be required to pay for it in one way or another. 3. The original group of lots in the Schoonmaker area would pro- bably not be benefiting from many of the expansion areas of the plant so that if any benefit were assessed against those properties it would be on a pro -rated assessment, with minimum applied to Schoonmaker and maximum applied to additional areas. The developers, who have made an offer for consideration of your Board, their offer entails giving of collection systems, etc., but they have also made an offer to accumulate a fund to be given to the sewer district, and which will provide funds which may be required in the future for expansion. I don't think it is right for those people to get into this to take testimony. Mr. Fulton: We will set another larger district. Is there anyone who to Rockingham Farms only. Mr. Armany (representing Mr. Vondran): The conditions hearing tonight. We are not in a position to consider the formation of this wishes to be heard, but confine yourself of the sale were that in any plant built by the developer, Mr. Vondran would have a right for five years to take 80 taps at a given figure. We do not think the petitioner is in a position to give the Town the plant. It was preliminary to the deed. Permit me to file a copy of this. AGREEMENT made this 16th day of February, 1965 between HENRY VORNDRAN residing at Brown Road, Town of Wappinger, Dutchess County, New York, herein- after described as the Seller, and SCHOONMAKER BROS., INC., a New York corporation maintaining its office at Route 94, M.D. 33, Newburgh, Orange County, New York, hereinafter described as the Purchaser, W 1TN E S S ETH : That the Seller agrees to_ sell and convey and the Purchaser agrees to purchase: ALL that certain lot, piece or parcel of land, situate, lying and being in the Town of Wappinger, Dutchess County, New York, bounded and des- cribed as follows: - BEGINNING at a stone set in the ground on the northwest corner of the farm, late of Rubin Fowler's, now Henry L. Scofield, and runs from thence to the line of said farm and line of land of Nicholas H. Strippel North 65° 56' East 50 chains, 75 links; thence with the line of said Strippel land and land of Edgar Sleight North 37° West 15 chains, 72 links; thence with the line of said Sleight's land and land of Ben- jamin A. Sleight South 89° 50' West 28 chains, 77 links to a large hickory tree marked standing near the Sprout Creek; thence still with the lands of said Benjamin A. Sleight and lands of the estate of Schenk Ackerman, deceased, South 58° 22' West 102 chains, 25 links to the corner of land of Alfred White a point four (4) feet northwesterly of a white oak tree marked; thence with the line of Alfred white's land South 21° 45' East 12 chains, 43 links; thence.North 68° East 9 chains, 70 links; thence still with said Alfred White's land and land of William White North 68° 30' East 15 chains, 12 links; thence North 6° 15' West 9 chains, 16 links; thence North 74° 45' East 3 chains, 50 links; thence North 42° 35' East.8 chains, 44 links to a hickory tree marked; thence North 74° 55' East 15 chains, 65 links to a locust tree marked; thence South 73° 30' East 28 chains, 83 links more or less to Sprout Creek; thence up the same northerly more or less to Beginning. Being the -same premises conveyed to the Seller and his wife, ANNA, now deceased, by CHRISTIAN VORNDRAN SONS, INC., by deed dated the 23rd day of Nov- ember, 1925 and recorded in Liber 459 of Deeds, Page 203. Excepting and reserving therefrom all that part or parcel of the aforedes- cribed premises lying to the eastward of the following line: A division line running northwesterly from a fence post on the southerly line of grantor's aforesaid premises to a point on the northerly line of grantor; the said division line being 810.68 feet more or less in length and resulting in a division of grantor's lands so that the portion hereby conveyed to Schoon- maker Bros., Inc., shall be and constitute 57.71 acres lying westwardly of said division line, and the portion lying eastwardly of said 57.71 acre parcel being reserved and retained by grantor. The premises hereby conveyed to Schoonmaker Bros., Inc. by metes and bounds description as surveyed by C. F. DiMarzio, L.S., February 1965 being as follows: All that tract or parcel of land situated in the Town of Wappinger, County of Dutchess, State of New York, bound and described as follows: BEGINNING at an iron pin in the fence corner at the northwesterly corner of the lands now or formerly of Rockingham Farms and the southwesterly corner of the lands of Vorndran and continuing from thence along the westerly line of the lands of Vorndran N 14° 29' 20" W 827.01 feet to a stake in the wall, thence along the southerly line of the lands now or formerly of Locurto, N 66° 14' 40" E 1415.27 feet, N 65° 41' 30" E 1331.81 feet and N 65° 31' 40" E 313.02 feet to a stake in the wall, thence across lands now or formerly of Vorndran, S 49° 35' 10" E 810.68 feet to a fence post in the wall, thence along the lands now or formerly of Oppenheim and of Fitzgerald, S 82° 28' 50" W 873.65 feet to an iron pin, thence along the northerly line of the lands now or formerly of Rockingham Farms, the following courses and distances: S 82° 32' 00" W 80.83 feet, S 50° 18' 50" W 231.17 feet, S 49° 47' 20" W 129.44 feet, S 50° 16' 50" W 196.65 feet and S 82° 16' 40" W 230.69 feet, thence along the westerly line of the lands now or formerly of Rockingham Farms the following courses and distances: S 010 03' 30" W 107.47 feet, S 00° 50' 30" W 200.03 feet, S 01° 10' 40" W 183.18 feet, and S 02° 27' 20" W 117.63 feet to an iron pin in stone wall, thence along the northerly line of the lands now or formerly of Rockingham Farms, the following courses and distances: S 770 19' 40" W 289.1 feet, S 75° 45' 50" W 235.68 feet, S 74° 51' 50" W 347.70 feet, S 77° 08' 00" W 125.71 feet, S 750 33' 30" W 209.39 feet, S 74° 33' 30" W 271.63 feet and S 76° 19' 00" W 158.90 feet to the point or place of beginning containing 57.71 acres. The purchase price of said parcel is the sums of money as hereinafter pro- vided and the Purchaser's undertakings and agreements hereinafter set forth and it is understood and agreed that said undertakings and agreements shall survive the delivery of the deed. The cash consideration to be paid by the Purchaser to the Seller is ONE THOUSAND ($1,000.00) DOLLARS for each acre contained in the parcel to be con- veyed and a proportionate sum for any portion of an acre contained therein, and shall be payable as follows: SIX THOUSAND ($6,000.00) DOLLARS on signing of this contract by check subject to collection, the receipt of which is hereby acknowledged; a sum equal to twenty-nine (29%) percent of said purchase price less SIX THOUSAND ($6,000.00) DOLLARS, in cash or good certified check on the delivery of the deed as herein provided; SEVENTY-ONE (71%) percent by the Purchaser executing, acknowledging and delivering to the Seller its Note secured by a Purchase Money mortgage on the above premises in that amount payable in five (5) equal installments commencing one (1) year from the date of the delivery of the deed and annually thereafter, together with interest on the unpaid prin- cipal sum at the rate of five and one-half (51-i%) percent per annum payable one (1) year from the date of the delivery of the deed and annually thereafter. Said mortgage shall provide that the mortgager may prepay all or any part of the unpaid principal at any time after the second annual principal installment is due, without notice and without penalty and with interest to date of payment. Said mortgage shall also provide that the mortgagee may at any time require releases of parts of the mortgaged premises. The area of the parts to be released shall be gov- erned by the amount of the total cash that has then been paid by the Purchaser to the Seller on account of the purchase price and shall be com- puted at the rate of one (1) acre for each TWO THOUSAND ($2,000.00) DOLLARS that has been paid, and a proportionate area for fractional sums. Until payment of the entire cash purchase price has been made all such releases shall reserve to the mortgagee entrance and egress for pedestri- and and vehicles to the remaining unreleased mortgaged premises. Said Note and Mortgage shall be drawn on the standard first mortgage forms of the New York Board of Title Underwriters, by the attorney for the Seller at the expense of the Purchaser who shall also pay the mortgage recording tax and recording fees thereon. As a further consideration for said conveyance, the Purchaser agrees to and with the Seller that if, as and when it acquires title to the lands known as the Locurto property, partially contiguous to the afore - described parcel forming the subject of this contract along its northerly boundary, the Purchaser will forthwith convey to the Seller that strip of land forming apart -of said Locurto property lying to the west of All Angels Road, and to the south of the power line and to the north of the Seller's remaining property excluded from this sale, being approximately 25 feet in width and approximately 700 feet in length. This right shall accrue and inure to the heirs, executors andassigns of the Seller and shall be bind- ing upon the successors and assigns of the Purchaser. As a further consideration for said conveyance, the Purchaser agrees to and with the Seller that he be herewith given the right to tap into any water and/or sewer system that may be built or erected by Purch- aser, its successors or assigns, on the lands forming the subject of this contract, or upon lands contiguous thereto and previously acquired by the Purchaser, provided that the Seller pay SIX HUNDRED ($600.00) DOLLARS per family unit for each such tap, the said amount intended to embrace both water and sewer tap. The seller may without hindrance enter upon the Purchaser's lands for the purpose of making or maintaining such con- nections in a manner conforming to the laws and regulations pertaining thereto. Said taps shall be located at such points along said water and sewer lines as will most efficiently serve Seller's lands to be benefited thereby. The foregoing provision shall be limited to five (5) years from the delivery of the deed by Seller to Purchaser, and shall be limited to not more than eighty (80) taps in respect to family units who may become dwelling residents in other premises now owned by VORNDRAN and situate in the Town of Wappinger. At any time during said five (5) year period the Seller may extend the right to make such taps in perpetuity by payment to the Purchaser of the sum of SIX HUNDRED ($600.00) DOLLARS for each said privilege, or by the delivery to the Seller of a certificate duly executed and in form for recording, reducing the then unpaid balance of said mort- gage by the amount of SIX HUNDRED ($600.00) DOLLARS for each said privilege so reserved in perpetuity. The rights and privileges herein granted to the Seller shall accrue and inure to his heirs, executors and assigns and shall be binding upon the Purchaser's executors and assigns. The said premises are to be conveyed subject to the zoning regulations and ordinances of the Town of Wappinger. The deed shall be in Bargain & Sale form with covenant against the grantor's acts, and shall be duly executed and acknowledged by the Seller with revenue stamps affixed thereto by the Seller at his expense, so as to convey to the Purchaser the fee simple of the said premises free of all incumbrances except as herein stated, and shall contain the covenants required by Subdivision 5 of Section 13 of the Lien Law. Seller will supply to the Purchaser at the closing the usual affidavit of title. The parties agree to and with each other that this sale was brought about by ARTHUR GILLETTE of ADAMS AGENCY, 78 Lexington Avenue, Mt. Kisco, New York and that no other broker participated or was respon- sible for the procurement of said Purchaser, and the Seller agrees that when and if title passes in accordance with the terms hereof that he will i P of pay to said broker as and for his commission on this transaction a sum equal to seven and one-half (711x) percent of the cash purchase price as set forth herein. In the event that the Seller is for any reason whatsoever unable to convey title in accordance with the terms of this contract, his sole liability will be to refund to the Purchaser the amount paid on account of the purchase price, and to pay the reasonable sums paid or incurred by the Purchaser for examination of title, and upon making such refund and payment this contract shall be deemed cancelled. The deed shall be delivered upon receipt of said payments.at the office of ALLEN J. INDZONKA, Esq., 169 Liberty St., Newburgh, New York, at 10 o'clock in the morning on March 15th, 1965. It is understood and agreed that all understandings and agree- ments heretofore had between the parties hereto are merged in this contract which alone fully and completely expresses their agreement and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. IN WITNESS WHEREOF the parties hereto have hereunto signed their names and affixed their seals this 16th day of February 1965. Signed: Henry Vorndran L.S. SCHOONMAKER BROS., INC. Signed: By Harvey B. Schoonmaker L.S. Mr. Fulton: This would be a matter between Schoonmaker Bros. and Mr. Vorndran. Mr. Quinn: Any transfer would be free of encumbrances. These figures are true. The tract of land is undeveloped at this time. I also understand the basis of the agreement was that there would be a combination sewer and water tap and the sum of $600. I also think that really the question was pro- bably to some extent academic. There should be an adjustment of matters bet- ween Schoonmaker Bros. and Vorndran. The Town does not contemplate any water plant at this time. This portion would leave a figure of X dollars for sewer and I think the matter will be academic. Were the Vorndran property to be included or attached by':extension, the Town will have to give them service. Mr. Fulton: Do you have any intention of joining this district? Mr. Armany: Certainly, if the developer concedes that it doesn't affect our contract with them. Mr. Brannen: On the question of flooding, could you be more specific on what data exists on this and how conclusive it is. Mr. Hill: I don't have all of the information with me. I know that we submitted this to Albany and pointed this out to them. They advised that this was checked out. Mr. Brannen: How would such a plant as this enlarged one fit into any future plans whereby the County will operate them? Mr. Hill: There is no planning for County sewage to my knowledge. We have several comprehensive studies under way for all critical areas in Western part of the County. I feel this plant is in a good location. 911$ After some questioning of Mr. Hill by Mr. Cortellino regarding permissible bacteria, Mr. Schmalz raised the question of a letter dated December 20, 1965 from the Dutchess County Health Department, signed by Dr. Vassallo and asked that that letter be made a part of the record of this hearing. December 20, 1965 Mr. Harvey Schoonmaker, President Schoonmaker Brothers, Inc. M. D. #33 Newburgh, New York Re: Rockingham Farms Dear Mr. Schoonmaker: I have been informed by my engineers that you are presently building in the subdivision known as Rockingham Farms in accordance with a subdivision map that has not been approved by the Dutchess County Department of Health, in that the map presently being used by you is different from the original subdivision map for Rockingham Farms which was approved by this Department earlier this year. Please be advised that you are in violation of this Department's Sanitary Code, and of the Public Health Law. You are, therefore, directed to cease, immediately, all building operations at the sub- division known as Rockingham Farms until such time as you have sub- mitted a subdivision map to this Department and have received approval from the Dutchess County Department of Health. Very truly yours, s/ Matthew A. Vassallo, M.D. Health Commissioner Mrs. Schmalz: Were there any conditions to this approval. Mr. Fulton: Tertiary treatment and sand filters. Mr. Hill: (By way of explanation for the audience) - When you approve a sewage treatment plant, somebody must apply for a permit to discharge the affluent. If you are going to have a private corporation, the plans must be submitted to Albany and they have to review the plans and when they are ready, they can't sign these plans until somebody applies. When either a private corporation is approved or a public district is permitted, then they will be signed. Mr. Fulton: We are trying to prevent sewer plants from contaminating ditches and streams. We have had the cooperation of the builders and we are acting for the betterment of this Town. Mr. Cortellino: Since part of the plant is already up, how far advanced is the schematic drawing? Mr. Kelley: Plans are not schematic. They are construction plans for the disposal plant which make up the criteria for construction. A motion was made by Mr. Diehl, seconded by Mr. Francese, that the meeting be adjourned to April 26th at 8:00 P.M. Motion Carried Unanimously A motion was made by Mr. Bulger, seconded by Mr. Diehl, that the reading of descriptions of boundaries be waived. Motion Carried Unanimously 92 Town Clerk then read Order for additional petitions to Rockingham Farms Sewer District. IN THE MATTER -of- THE PETITION OF SCHOONMAKER BROS., INC. FOR THE ESTABLISHMENT OF A SEWER DISTRICT IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO BE KNOWN AND DESIGNATED AS ROCKINGHAM FARMS SEWER DISTRICT. Order for Additional Meeting to Consider Petitions for Establishment of Sewer District WHEREAS, a petition in writing dated the 24th day of February, 1966, made by Schoonmaker Bros., Inc., in due form.,has been presented to and filed with the Town Board of the Town of Wappinger, Dutchess County, New York, for the formation of a sewer district in said Town to be known and designated as the Rockingham Farms Sewer District, the boundaries of which proposed district are more particularly set forth and described in Exhibit A-1 annexed hereto and made a part hereof and incorporated herein by reference to the same extent as if more fully set forth herein, and WHEREAS, an order was duly adopted by this Town Board at a special meet- ing thereof held on March 10, 1966, reciting the filing of said petition, the improvements proposed, the boundaries of the proposed district, and the fact that the improvements proposed would result in no cost or expense to the Town of Wappinger, and specifying April 4, 1966, at 8:00 o'clock E.S.T., in the afternoon of that day, as the time, and the Town Hall of the Town of Wappinger as the place where the said board would meet to consider the petition and to hear all persons interested in the subject thereof concerning the same, and WHEREAS, such order was duly posted and published as required by law and as shown by the affidavits of posting and publication filed herein, and WHEREAS, a hearing in the matter was duly held by this Town Board on this 4th day of April, 1966, commencing at 8:00 o'clock P.M., E.S.T., at the Town Hall in this Town, and this board having heard all persons desiring to be heard either in favor of said petition or in opposition thereto, and WHEREAS, a petition in writing dated the 1st day of April, 1966, made by Edgehill Manor, Inc., Opalo Realty Corp. and Angel Brook Acres Corp., in due form, has been presented to and filed with the Town Board on this 4th day of April, 1966, requesting that determination be made by this board establish- ing the said Rockingham Farms Sewer District as prayed for in the Schoonmaker petition, with the exception that the boundaries thereof as described in said petition and in Exhibit A-1 annexed hereto be changed, modified, enlarged and extended so as to include the properties described in said petition dated April 1, 1966, which said properties and the boundaries thereof are more • 3 particularly described in Exhibits A, B and C annexed hereto and made a part hereof and incorporated herein by reference to the same extent as if more fully set forth herein, and said petition dated April 1, 1966 having further requested that this board call a further hearing upon said petitions pursuant to the provisions of Section 194 of Article 12 of the Town Law of the State of New York, and WHEREAS, upon the evidence presented at this meeting, and after due deli- beration, this Town Board of the Town of Wappinger has found and determined as follows: (1) That the petition of Schoonmaker Bros., Inc., is signed and acknowledged as required by law and complies with the requirements of Section 191 of Article 12 of the Town Law of the State of New York as to sufficiency of signers with respect to the boundaries of the proposed district described therein and is otherwise sufficient. (2) That it is in the public interest to grant the relief sought in the said petition submitted by Schoonmaker Bros., Inc., with the exception of the fact that the boundaries thereof as described in said petition should be changed, modified, enlarged and extended so as to include therein the properties described in Exhibits A, 8 and C annexed hereto and made a part hereof and the property owners desig- nated'in the petition dated April 1, 1966 so that such additional properties and property owners may be benefited thereby. (3) That .the creation of said proposed district as enlarged and extended may be accomplished without cost or expense to the said Town Board and/or to the said proposed district. NOW, THEREFORE, IT IS ORDERED, that a further meeting of the Town Board of the Town of Wappinger shall be held at the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, NewYork, on the 26th day of April, 1966, at 8:00 o'clock E.D.S.T., in the afternoon of that day, to consider the aforesaid petitions heretofore filed herein, and to con- sider the proposition of changing, modifying, enlarging and extending the boundaries of said proposed sewer district to include the properties described in Exhibits A-1, A, B and C annexed hereto and made a patt hereof, and to hear all persons and parties interested in the subject of the aforesaid petitions, and to take such other action with relation to the said petitions, as may be required by law or proper in the premises. Signed: Joseph H. Fulton - Supervisor Louis Diehl - Councilman Louis Clausen - Councilman Vincent S. Francese - Justice of Peace William J. Bulger - Justice of Peace Mr. Clausen made a motion, seconded by Mr. Francese, to adjourn the hearing until the 26th of April, 1966. Motion Carried Unanimously Meeting adjourned 10:06 P.M. Signed: Town Clerk