2001-10-22 RGMAGENDA
TOWN BOARD TOWN OF WAPPINGER
OCTOBER 22, 2001
7:30 P.M.
1. SUPERVISOR CALL, MEETING TO ORDER
2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG
3. REPORTS OF OFFICERS: Sup/Compt, Bldg. Insp., Zng. Adm., Justice
Court, Receiver of Taxes, August/September 2001
4. Accept Minutes: 8/27/01,Town Board Meeting, 9/9/01 Workshop.
5. PETITIONS & COMMUNICATIONS
a. Appoint Assessor to six year term.
b. Waiver of residency for Deputy Building Inspector
c. Sal Morello, salary reimbursement
d. Ralph Holt, Recreation Chairman requests for P.0's (1) $1,725 beam
clay for Robinson Lane. (2) $8,100 for 3 Dugouts at Robinson Lane @
$2,700 ea..
e. Notification of intent to renew liquor licenses from (1) Knights of
Columbus (2) F & S Ristorante d/b/a Calabria Pizza (3) Outback
Steakhouse.
f. Diane Birney, District Secretary Hughsonville Fire District re:
appointment of Glenn Kramer to T/W Fire Prevention Bureau to
replace Mike Cacace
g. Highway Superintendent, G. Foster re: Hanna, 197 Osborne Hill Rd.
complaint driveway not repaired properly after water line installed..
h. Request for return of escrow (1) Jenco Contracting Inc, 113 River Rd
North, $1,000, seeding (2) Richard Siegmund 20 Carmel Hgts. $4,000,
seeding (3) Mr, & Mrs. Pansy, 35 Kent Road, $500, shed removal (4)
John Mascolino, 52 Diddell Rd $1,000, seeding (5) Hans Gunderud, 12
Widmer Rd. $1,000, seeding.
i. Jay Paggi, Engineer to Town reports (1) 10/10 Cider Mill Loop Water
Storage Facility existing tank rehabilitation (2) 10/12 Existing Cider
Mill Loop Water Storage Facility rehabilitation (3) 10/15 27 Doyle
Drive/Fusco Drainage (4) 10/16 Wendy Road land acquisition (5)
10/17 Cider Mill Loop Water Storage Facility tank rehabilitation.
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
Zoning Administrators Report
8. RESOLUTIONS
a.. Consider adoption of Local Law for Recission of Alpine rezone
b. Set date for Public Hearing for Water & Sewer Districts &
Improvement Areas Benefit Assessments
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER: 7:30 P. H. LOCAL LAW RESCISSION ALPINE
REZONE
7:30 INFORMATIONAL MEETING OAKWOOD KNOLLS WATER
10/22/2001.RGM
The Regular Meeting of the Town Board of the Town of Wappinger was held
on October 22, 2001, at the Town Hall, 20 Middlebush Road, Wappingers
Falls, New York. Supervisor Smith called the Meeting to order at 8:10 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Joseph Ruggiero, Councilman
Others Present:
Albert Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Gloria J. Morse, Town Clerk
Absent:
Vincent Bettina, Councilman
Joseph Paoloni, Councilman
The Supervisor asked all to join in the Pledge of Allegiance to the Flag.
REPORTS OF OFFICERS
Reports for the month of September were received from the Town Justices,
Supervisor/Comptroller, Building Inspector, Zoning Administrator, and
Receiver of Taxes for August and September.
COUNCILMAN VALDATI moved to accept the reports and place them on
file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The Minutes of the Town Board Meeting of August 27, 2001 and the
Workshop Meeting of September 9, 2001, having previously been forwarded
to the Board Members, was now placed before them for their consideration.
COUNCILMAN RUGGIERO moved that the above stated minutes as
presented by the Town Clerk be and they are hereby approved .
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is to appoint the Assessor to a six year term. Supervisor Smith
announced that this had to be tabled again, because Mr. Paoloni and Mr.
Bettina were not here tonight. They wish to do interviews on October 29th at
7:15 p.m.
COUNCILMAN RUGGIERO moved to table to the October 29th Meeting.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next is to introduce Local Law and set Public Hearing for waiver of residency
for Deputy Building Inspector. Supervisor Smith explained that we would
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have to table this because this afternoon she received an opinion from the
Attorney due to the fact that the deputy building inspector may not live in
New York State. If he doesn't, then we are not able to waive his residency.
She has asked him several times to write it down, she understands he lives in
New Jersey.
COUNCILMAN VALDATI moved to table the introduction of the Local Law
for waiver of residency for the Deputy Building Inspector.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is a request from Sal Morello, Deputy Building Inspector to be
compensated for the difference in salary from Building Inspector and Deputy
Building Inspector which he served from March 1, 2000 to March 1, 2001,
before a Building Inspector was hired. During that period, Mr. Morello
performed the duties of both titles with no difficulties or problems to the
Building Department or the residents of the Town. Supervisor Smith
explained that they took his 2000 salary and the number of hours he worked
and the difference in the pay which was $1,995. Then we took the 2001
hours and difference in pay which became $701.33. It was figured that he
worked a total of 1,176 hours total. The money owed him is $2,696.33.
COUNCILMAN VALDATI moved to authorize reimbursement of $2,696.33
to Mr. Morello.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Ralph Holt Recreation Chairman with several requests for P.O's. The first is
a request for a P.O. for Beam Clay in the amount of $1,725. In an ongoing
effort to upgrade the fields at Robinson Lane Complex and to keep them safe,
the Recreation Commission requests permission to purchase another load (25
ton) of the better Higher quality beam clay from the Partac Peat Corporation
for a total Cost of $1,725. The money for this is found in recreation account
A-7110.4
COUNCILMAN RUGGIERO moved to approve a P.O. in the amount of
$1,725 payable to Partac Peat Corporation, Beam Clay for fields at Robinson
Lane Complex.
Seconded by Mr. Valdati
Motion Unanimously Carried
Last fall Little League requested our Town to build dugouts for two fields.
They indicated that these were to be built on the T- Ball fields. (These fields
are for 5 & 6 year old boys and girls). They felt and we agreed that they
would add to the overall safety situation at Robinson Lane. Little League has
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provided some help in the initial construction of these dugouts. With
volunteer and some contract work, they have put in place the cement base
these dugouts would rest on. Recreation recommends the building of ( 3 )
dugouts on these platforms. The following quotes were received.
• U.S.A. Enterprises $2,772.50 ea.
• Donaldson Construction $2,800.00 ea.
• Bracaden Construction $2,700.00 ea.
Recreation requests permission to obtain a P.O. payable to Bracaden
Construction for (3) dugouts in the amount of $8,100, they being the lowest
bidder.
COUNCILMAN VALDATI moved to authorize a P.O. in the amount of
$8,100 payable to Bracaden, they being the lowest bid.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification of intent to renew their liquor license was received from Knights
of Columbus located on Route 82 and All Angels Hill Road.
COUNCILMAN RUGGIERO moved to accept the notification and place it on
file without comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
Notification of intent to renew their liquor license was received from Outback
Steakhouse, Route 9 Wappingers Falls..
COUNCILMAN VALDATI moved to accept the notification and place it on
file without comment.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Notification of intent to renew their liquor license was received from F&S
Ristorante, d/b/a Calabria Pizza, 235 Myers Corners Road.
COUNCILMAN RUGGIERO moved to accept the notification and place it on
file without comment.
Seconded by Mr. Valdati
Motion Unanimously Carried
Diane C. Birney, District Secretary of the Hughsonville Fire District advising
the Board that Assistant Chief Glenn Kramer has been appointed to replace
Mike Cacace on the Fire Prevention Bureau.
COUNCILMAN VALDATI moved to accept the notification and place it on
file.
Seconded by Mr. Ruggiero
3
Motion Unanimously Carried
10/22/2001.RGM
Correspondence from Graham Foster, Highway Superintendent in regard to
several phone calls he received from Mr. Hanna of 197 Osborne Hill Road.
Mr. Hanna is complaining that his driveway was not repaired properly after
the Fleetwood water line was installed. Since the project was funded by the
Fleetwood District on a county road, Mr. Foster was not involved in the
restoration work. The project was supervised by Engineer to the Town, Jay
Paggi and his inspectors. Mr. Foster asked Jay to inspect the driveway with
him and report his finding to the Town Board. Mr. Foster informed Mr.
Hanna that the only way he could do any work on his driveway, would be by
the request of the Town Board, based on Mr. Paggi's recommendation.
Mr. Paggi informed the board that this water project was done three years
ago. The driveway was patched and the work was found to be acceptable. He
went to look at it again with Mr. Foster and the work still looks acceptable to
him. It's a patch through a driveway, but we needed to construct a water line
from one side of the driveway to the other. It was cut neatly. In any event
the water line is 3 years old, and the monies were returned to the contractor.
Inspections were made at the end of the retainage period and were found to
be acceptable. If he were making that inspection today he would find this
acceptable today.
COUNCILMAN VALDATI moved to authorize Mr. Paggi to send a letter to
Mr. Hanna explaining that he deems the driveway acceptable as per his
inspection.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next are several requests for the return of escrow. The first is a request from
Stephen Fischetto, of Jenco Contracting 113 River Road North, $1000 for
seeding.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $1,000 based on the recommendation of the Building Inspector.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request from Richard Siegmund 20 Carmel Heights for return of escrow in
the amount of $4,000 for seeding.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $4,000 based on the recommendation of the Deputy Building
Inspector.
Seconded by Mr. Valdati
Motion Unanimously Carried
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A request from Richard and April Pansy 35 Kent Road for return of escrow in
the amount of $500 for shed removal.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $500 based on the recommendation of the Deputy Building
Inspector.
Seconded by Mr. Valdati
Motion Unanimously Carried
A request from John Mascolino 52 Diddell Road for return of escrow in the
amount of $1,000 for seeding.
COUNCILMAN VALDATI moved to authorize the return of escrow in the
amount of $1,000 for seeding, based on the recommendation of the Deputy
Building Inspector.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A request from Hans Gunderud, 10 Widmer Road for return of escrow in the
amount of $1,000 for seeding.
COUNCILMAN RUGGIERO moved to authorize the return of escrow in the
amount of $1,000 based on the recommendation of the Deputy Building
Inspector.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next are several reports from Jay Paggi, Engineer to the Town. The first
report concerns the Cider Mill Loop Water Storage Facility Existing Tank
Rehabilitation. As the welding has proceeded on the rehabilitation portion of
the above referenced project, we have found that there are additional areas
that need attention. These areas are in primarily areas in the panels that
have "pitted" over the years. We are keeping track on measurements and
time spent on these areas and will inform the Board of the amount as we are
made aware.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Notification from Mr. Paggi that the Cider Mill Loop Water Storage Facility
Existing Tank Rehabilitation had been sandblasted and after the
sandblasting operation, it revealed that there were significant failures of the
welds in the lap joints between the steel plates that form the floor. There
was also considerably pitting in the floor that was not previously evident. The
original contract for this rehabilitative work was signed in the amount of
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$108,000 with a contingency amount of welding in the contract for $4,500.
Due to the increased welding that was required, in the horizontal joints and
the tank side plates and now the additional welding necessary on the flow,
this amount will need to be increased.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Valdati'
Motion Unanimously Carried
On October 15, 2001 Mr. Paggi made a field inspection of 27 Doyle
Drive/Fusco Drainage. Mr. Paggi had previously recommended that the open
ditch traversing the side (north) and rear (west) of the Fusco property be
cleaned, graded and lined with rip -rap as per his correspondence dated May
8th, 1997 and October 30th, 1998. At the October 9th, 2001 meeting his office
was instructed to compare doing the above work with piping the existing
ditch. The conclusion is basically that it appears as if it would be a more
sound decision to leave it an open ditch, but yet better define the ditch, clean
it, grade it, line the bottom and the sides with properly sized stone fill. This
would allow for the orderly operation of that drainage system in the area.
Discussion followed.
COUNCILMAN VALDATI moved to table this report to a future workshop.
Seconded by Supervisor Smith
Motion Unanimously Carried
In his Fax of October 17th Mr. Paggi reported that the welding on the tank
has been completed.. As some of the welding work that was done on the tank
was not called for and will be considered extra work he thinks it appropriate
to sit down with the board and go over the amount of work that has been
done, and identify which is considered to be additional.
COUNCILMAN RUGGIERO moved to accept the report and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
At the last meeting Mr. Paggi was instructed to advise the Town on the
width/length of right-of-way that should be retained by the Town if and when
they sell an unused portion of the Wendy road right-of-way to the developer
of Widmer Subdivision, Mr. Bruce Pearson. An enclosed sketch shows that
15' of the right-of-way from the existing end of Wendy road should be
retained for maintenance purposes. These maintenance purposes include
road maintenance, snow maintenance area, sanitary sewer maintenance, and
water maintenance. If the Town feels that there is no longer a need for the
remainder of the right-of-way then it could be deeded to Mr. Pearson.
10/22/2001.RGM
COUNCILMAN RUGGIERO moved to authorize Attorney to the Town to
send a letter to Mr. Pearson explaining that the Town is willing to deed the
property to him.
Seconded by Mr. Valdati
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN VALDATI had no reports at this time
COUNCILMAN RUGGIERO had no reports at this time
BONDS & LETTERS OF CREDIT
Tatiana Lukianoff, Zoning Administrator, submitted a report for the month
of September on the schedule of Bonds and Letter of Credit on the various
subdivisions, the amounts, expiration dates and call up dates.
COUNCILMAN VALDATI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
RESOLUTIONS
A Public Hearing having been held on a Local Law on the proposed Local
Law amending Section 240-37: District Regulations: by Amending the
"Schedule of Dimensional Regulations" and Section 240-8 "Zoning Map" by
rescinding the conditional rezoning of the parcels identified in Schedule 1 and
confirming the zoning of said Parcels to be R -20 -One Family Residence
District" the matter of its adoption was now placed before the board for their
consideration.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption and seconded by Mr. Ruggiero
LOCAL LAW #6 OF THE YEAR 2001
A Local Law amending Section 240-37: District Regulations: by Amending
the "Schedule of Dimensional Regulations" and Section 240-8 "Zoning Map"
by rescinding the conditional rezoning of the parcels identified in Schedule 1
and confirming the zoning of said Parcels to be R -20 -One Family Residence
District" be enacted by the Town Board of the Town of Wappinger as follows:
Section I: Title: "Local Law Amending Sections 240-37: District
Regulations" This Local Law shall be known and cited as "Local Law
Amending Section 240-37: `District Regulations' by amending the `Schedule of
Dimensional Regulations' and Section 240-8 `Zoning Map' by rescinding the
conditional rezoning of the parcels identified in Schedule 1 and confirming
the zoning classification of said parcels to be R-20 One Family Residence
District" as set forth below.
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Section II: Legislative Intent: Pursuant to Local Law #1 of 1999,
various parcels described in Schedule 1 attached hereto containing
approximately eighteen acres along the north side of Old Hopewell Road were
rezoned from R -20 -One Family Residence District to SC -Shopping Center
District. As part of the rezoning and to alleviate some of the impacts of the
rezoning to neighboring properties, the schedule of dimensional regulations
as referenced in Section 240-37 was amended to require a minimum front
yard set back for the SC District on Old Hopewell Road to be 150 feet and to
require a minimum 75 foot vegetative buffer between the property line
abutting Old Hopewell Road and the parking area. This rezoning was
adopted pursuant to an application made by the Alpine Company of
Poughkeepsie as part of a proposed expansion of its existing shopping center
located immediately to the north of the parcels identified in Schedule 1. This
rezoning was also adopted pursuant to the recommendation of the Planning
Board of the Town of Wappinger that all of the parcels listed on Schedule 1
be rezoned "SC SHOPPING CENTER DISTRICT", that said parcels be
consolidated and developed as an expansion of the existing Shopping Center
to the North. Subsequent to the adoption of Local Law #1 of 1999, the Town
Board, at public meetings, has been advised by Ernesto and Concetta
Olivieri, owners of two of the parcels on Schedule 1 that they no longer have
a contractual relationship with Alpine and no longer intend to convey their
parcels to Alpine. As a condition of the adoption of Local Law #1 of 1999,
Alpine had entered into a contract with the Town Board dated January 26,
1999 requiring Alpine to observe various conditions and undertake certain
works and provisions of said contract were to be incorporated in a Declaration
of Covenants and Restrictions dated December 15, 1998 and subsequently
recorded in the Office of the Dutchess County Clerk on April 15, 1999
encumbering the rezoned parcels. In view of the representations made by
Ernesto and Concetta Olivieri, the Town Board has determined that Alpine
can no longer develop the property consistent with the contract of January
26, 1999 or Declaration of Restrictions recorded on April 15, 1999 and
accordingly determines that it is in the best interest of the residents of the
Town of Wappinger and for the orderly growth of the Town of Wappinger that
the conditional rezoning adopted pursuant to Local Law #1 of the Year 1999
be rescinded.
Section III: Amendment to Section 240-37 "Schedule of
Dimensional Regulations - Nonresidential Districts": Section 240-37 of
the code of the Town of Wappinger entitled "District Regulations" is hereby
amended by deleting notes 5 and 6 to the Schedule of Dimensional
10/22/2001.RGM
Regulations – Nonresidential Districts, specifically "Note 5- The minimum
front yard setback for the SC District on Old Hopewell Road shall be 150 feet"
and "Note 6., a minimum seventy-five foot vegetated buffer shall be required
between the property line abutting Old Hopewell Road and the parking area."
Section IV: Amendment to Zoning Map: Section 6 of Local Law 1 of
1999 is hereby repealed and Section 240-8 entitled "Zoning Map" shall be
further amended by amending the Town of Wappinger Zoning District Map,
prepared by Paggi & Martin, Consulting Engineers and Land Surveyors, last
dated February 19, 1996, and as amended from time to time thereafter, by
correcting and confirming the zoning classification of the seven (7) parcels
described below to be "R -20 -One Family Residence District":
Last Known Property Owner Location Tax Grid Number
Ernesto & Concetta Oliveri
Ernesto & Concetta Oliveri
Alpine Co. of Poughkeepsie
Dabil Enterprises
Joseph Rizzo
Edigo & Patricia Versea
Mildred Sucich
*as to one-half ((1/2) acre only.
205 Old Hopewell Rd
207 Old Hopewell Rd
213 Old Hopewell Rd
217 Old Hopewell Rd
219 Old Hopewell Rd
221 Old Hopewell Rd
237 Old Hopewell Rd
6157-02-645586
6157-02-668575
6157-02687552
6157-02-700544
6157-02-706566
6157-02-740554
6157-02-796563*
Section V: Amendment to Map: The Town Supervisor is hereby
directed to take whatever steps are necessary, if any, to make any corrections
to the Zoning Map of the Town of Wappinger to reflect the zoning designation
of the subject parcels as "R-20- One Family Residence District."
Section VI Separability The Provisions of this Local Law are separable
and if any provision, clause, sentence subsection, word or part thereof is held
illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity or unconstitutionality or
inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences subsections, words or parts of this Local Law or their
application to other persons or circumstances. It is hereby declared to be the
legislative intent that this Local Law would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence subsection, work or
part had not been included therein, and if such person or circumstance to
which the Local Law or part thereof is held inapplicable, had been specifically
exempt therefrom.
Section V: Ratification: Except as amended by these additions to
section 230-46. 230-47 add 230-48, the Code of the Town of Wappinger is
otherwise ratified and re -confirmed.
Section VIII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with
the Secretary of State as provided by the Municipal Home Rule Law.
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10/22/2001.RGM
SCHEDULE 1
Last Known Property Owner Location Tax Grid Number
Ernesto & Concetta Oliveri
Ernesto & Concetta Oliveri
Alpine Co. of Poughkeepsie
Dabil Enterprises
Joseph Rizzo
Edigo & Patricia Versea
Mildred Sucich
*as to one-half ((1/2) acre only.
205 Old Hopewell Rd
207 Old Hopewell Rd
213 Old Hopewell Rd
217 Old Hopewell Rd
219 Old Hopewell Rd
221 Old Hopewell Rd
237 Old Hopewell Rd
6157-02-645586
6157-02-668575
6157-02687552
6157-02-700544
6157-02-706566
6157-02-740554
6157-02-796563*
Motion Unanimously Carried
The next item for the Boards consideration is to set the Public Hearings for
the Water/Sewer Improvement Area Benefit Assessment Rolls. Supervisor
Smith informed the Board that she would like to set the Public Hearings for
November 13th, 2001 beginning at 7:15 p.m., one minute apart.
COUNCILMAN RUGGIERO moved to set Public Hearings on the Benefit
Assessment Rolls for Water & Sewer Districts and Improvement Areas on
November 13th 2001 beginning at 7:15 p.m. and continuing at one minute
intervals until completed for; Ardmore Water Improvement Area, Central
Wappinger Improvement Area, Cranberry Water Improvement Area,
Fleetwood Water District, Myers Corners II Water District, North Wappinger
Water District, Oakwood Knolls Water District, Tall Trees Water
Improvement Area, Wappinger Park Water District, Wappinger Water
Improvement Area 99-1, Wappinger Water Improvement 99-2, Central
Wappinger Sewer Improvement Area, Fleetwood Sewer District, Mid -Point
Sewer District, Rockingham Farms Sewer District, Wappinger Sewer
Transmission Treatment Improvement Area #1, Wappinger Sewer
Transmission Treatment Improvement Area #2, Wappinger Sewer
Transmission Treatment Phase 3A, Watch Hill Sewer and Wildwood Sewer
District.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN VALDATI moved to authorize Mr. Paggi to amend the Map,
Plan and report for Phase 3A.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved to authorize Don Swartz along with the
Jay Paggi and Al Roberts to prepare the design and specs for the proposed
Community/Senior Center to take out to bid..
Seconded by Mr. Valdati
Motion Unanimously Carried
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UNFINISHED BUSINESS
Mr. Valdati had an item he wished to discuss. As you know Phase 3A is well
under way but he has received a complaint from Mr. LeRoy on 9D. It
appears that truckloads of the contractors excavation material from Phase 3A
is being dumped next door in Mr. Capolino's yard. Since the town contracted
some one to do this work, he would think the town needs to get permission
for this. The Zoning Administrator explained yes, she did receive a complaint
and she did go out and take pictures. Mr. Capolino claims the fill is being
temporarily stored and will be removed. Mr. Capolino was given to
understand by someone in the town, that he would be doing the town a favor
by storing the fill. Upon further investigation the Zoning Administrator
could not find anyone who had given Mr. Capolino this information. She
informed him that no more dirt was to be stored and erosion control
measures would have to be into place immediately, and he agreed. This does
raise a question, and she has sent a memo to the Town Board. This matter
will occur every time there is a town project, and this issue might want to be
addressed in the near future. Mr. Paggi informed the Board, once the dirt
goes into the contractors truck, it's the contractors dirt. The Town has
nothing to do with the dirt. We have had situations, where the contractor
strikes a deal with a private property owner to deposit the fill that benefits
both the contractor and the private individual. If there is a grading permit
required, the individual must obtain one. The Zoning Administrator felt that
the amount of work that Mr. Capolino proposed to do was not enough, she
felt, to warrant a regular grading permit review. Discussion followed.
COUNCILMAN VALDATI moved to authorize Attorney to the Town, Al
Roberts and Town Planner, Dan Wery to investigate and come back with an
opinion.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
NEW BUSINESS
Recently, residents of the Village of Wappinger have complained to Mr.
Valdati that it is extremely difficult for them to get out of their driveways
because of the constant flow of traffic on 9D and Main Street. He wished to
offer the following motion as a solution to the problem.
COUNCILMAN VALDATI moved to authorize the Supervisor to send a letter
to the DOT requesting them to consider a pause on the traffic signal on 91)
and Main Street to allow the residents to enter and exit safely.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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There was no other business to come before the Board.
COUNCILMAN RUGGIERO moved to close the Town Board meeting,
seconded by Mr. Ruggiero and unanimously carried.
The meeting adjourned at 9:00 p.m.
Gl J. orse
o n cl rk
IN
10/22/2001.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
October 22, 2001, at the Town Hall 20 Middlebush Road, Wappingers Falls,
New York on a proposed Local Law Amending Section 240-37 District
Regulation and Section 240-8 Zoning Map by Rescinding Conditional
Rezoning of Parcels Identified in Schedule 1 & Confirming the Zoning of said
Parcels to be R-20 One Family Residential District in the Town of Wappinger.
Supervisor Smith opened the meeting at 8:00 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Joseph Ruggiero, Councilman
Gloria J. Morse, Town Clerk
Others Present:
Jay Paggi, Engineer to the Town
Al Roberts, Attorney to the Town
Graham Foster, Highway Superintendent
Absent:
Vincent Bettina, Councilman
Joseph Paoloni, Councilman
The Town clerk offered for the record, the affidavit of Posting and Publication
duly signed and notarized. (These Affidavits are attached hereto and made
part thereof the Minutes of this Hearing).
Supervisor Smith asked if there were any question or comments form the
audience.
Mrs. Oliveri of 205 Old Hopewell Road wished to know what we were going
to do hear tonight. Supervisor Smith explained that we were going to rescind
the Alpine rezoning. Al Roberts explained that when Alpine came to the
Town Board there were a number of concerns. When they adopted the local
law, they addressed those concerns by limiting what they could do in the
shopping center along Old Hopewell Road.. It was specific to that rezoning.
They could never comply with all the things they were supposed to do as part
of that local law. That local law never became effective. To take it off the
books, it must be rescinded so there is no question, and they are eliminating
those provisions that were inherent to the Old Hopewell rezoning. Since
there is no longer going to be a Shopping Center there is no need to have an
increase set back. The set back is 50'. Mrs. Oliveri also wished to know if
anyone from the Shopping Center applied for anything. Supervisor Smith
answered no! Mrs. Oliveri also wished to know what happened to the sewer
lines that they should have gotten. Mr. Paggi explained that when 3A was
authorized the Alpine rezoning was new and when they considered the
necessary pipes to serve that area they considered that area a combined
1
10/22/2001.PH
parcel. Now its uncombined. So to serve the uncombined parcel requires
additional work. We have to go back and look at it and amend the map, plan
and report for Phase 3A. Supervisor Smith informed Mrs. Oliveri that we
will authorize Mr. Paggi to amend the map, plan and report later on in the
meeting.
There was no other questions or comments.
COUNCILMAN VALDATI moved to close the Public Hearing, seconded by
Mr. Ruggiero and unanimously carried.
The Public Hearing closed at 8:10 p.m.
t�
Gloria J.. orse
Town C rk
4
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF
NOTICE OF PUBLIC HEARING ON PROPOSED
LOCAL LAW AMENDING SECTON 240-37
DISTRICT REGULATIONS AND SECTION 240-8
ZONING MAP BY RESCINDING CONDITIONAL
REZONING OF PARCELS IDENTIFIED IN
SCHEDULE 1 & CONFIRMING THE ZONING
OF SAID PARCELS TO BE R-20 ONE FAMILY
RES. DITRICT IN THE TOWN OF WAPPINGER
STATE OF NEW YORK)
)ss:
COUNTY OF DUTCHESS)
POSTING
GLORIA J. MORSE, being duly sworn deposed and says:
That she is duly elected, qualified and acting Town Clerk of the Town of
Wappinger, County of Dutchess and State of New York. That oxi October
4 , 2001 your deponent posted a copy of the attached notice of Public
Hearing on the matter of adopting a proposed Local Law amending
Section 240-37: District Regulations by amending the Schedule of
Dimensional Regulations and Section 240-8 Zoning Map, by rescinding
the conditional rezoning of the parcels identified in Schedule 1 an
confirming the zoning of said parcels to be R -20 -One Family Residence
District on the sign board maintained by your deponent in her office in
the Town Hall of the Town of Wappinger, 20 Middlebush Road,
Wappingers Falls, Dutchess County, New York.
/ v
///, Z"
GLORIA J ORS7'
Town Cl
Town of Wappinger
Sworn to before me the
day of C')1(7&
�- , 2001
SOUTHERN DUTCHESS NEWS
BEACON FREE PRESS
84 EAST MAIN STREET
WAPPINGERS FALLS, NY 12590
F -F z cfa-%/ i t 4>-F Pub 1 3. lc:::.at. i C> n
To : WAPPINGERS FALLS , TOWN NC
TICEOF-PUBLIC HEARING,
"TOWN OF
P.O. BOX 324 NOTICE IS HEREBYINGER GIVEN the
Town Board of the Town of Wappingar
WAPPINGERS FALLS, NY 12590 net conduct dayPoi Ocoberr,, HEARING11,,, at
7:30 p.m. at tfte Town Hall, Town of
Re: t f_='.: Legal notice #49290 WaPPinger 2 Mrddlebush^Road,
State of NEW YORK
-,S:
County of DUTCHESS
I, JOAN MILLER, being duly sworn, depose and
:gay: that I am the BOOKKEEPER of Southern
Dutchess News, a weekly newspaper of general
circulation published in WAPPINGERS FALLS,
County of DUTCHESS, State of NEW YORK, and
that a notice, of which the annexed is a
printed copy, was duly published in Southern
Dutchess News once on X10/01.
Sworn to befor� this 11th day of October-, 2001
I it
Notary PLKD1 is
Wappingers Falls, Newyork, at which
that the Town Board has determined
6 NYCRR
time all parties in interest and citizens
shall have an opportunity to be heard
that pursuant to
617.5(C).37 and Section 117.5 of the
as to whether the Town Board of the :=
`
Code of the Town of Wappinger that
the adoption of the afore
Town of Wappinger shall adopt a pro-
posed Local law which will rescind 1, ,
proposed
mentioned Local Law is a Type II so -
portions of Local Law t of the year
1999 which conditionally rezoned
tion not requiring environmental re -
view pursuant to the Slate Environ -
seven (7) parcels of land (hereinaf-
:mental Quality Review Act (SEORA) ,
to. Chapter 117 of the
ter described) to 'SC - Shopping
Center Dislrir t'
;or pursuant
Code of the Town of Wappinger and,
PLEASE TAKE FURTHER. NOTICE
accordingly, no environmental review
'
that the text of the proposed Code
`Amendments Is summarized as fob'
has been undertaken.
PLEASE TAKE FURTHER NOTICE
lows:
that copies of the proposed Local
1. Section 240-37 'District Regula-
tions' will be amended by deleting '
Law fl_ of the Year 2001 are
available for review and Inspection at
footnote 5 to the 'Schedule of Dimen-
sional Regulations - Nonresidential
the Office of the Town Clerk on week-
days from 8:30 a.m. to 4:00 p.m., at
Districts' which requires the mini-
mum front yard set back for the SC
the Town Hall, 20 Middlebush Road,
Wappingers Falls, New York.
District on Old Hopewell Road to be
1.
Dated: October 3, 2001
BY ORDER OF THE TOWN
150 feet. : I1 .
2. Section 240.37 "District Regula-
BOARDOFTHETOWNOF
- WAPPINGER
tions' will be amended by deleting
footnote 6 to the 'Schedule of Dimen-
sion Regulations - Nonresidential
Districts' which requires a minimun
seventy -five-foot vegetated buffer foi
the SC District be required between
property lines abutting Old Hopewell
Road and the parking area.
3. In addition to the foregoing text
changes, the zoning classification of
seven parcels of property totaling
eighteen acres more or less located
along Old Hopewell Road east of its
intersection with U.S. Route will be
confirmed as 'R•20. One Family
Residence District'; the specific par-
cels affected, the owners thereof and
their location are listed as follows:
I o<< Known PEQgA[IV Owner.
be
R REND+1�RIGHT
Er , L"A11911 Tax(;ndncm r
nesto & Conceits Oliveri
Notary Pubiic State of New York
205 Old Hopewell Road,''
6157.02-645586
No. 5083355
Ernesto & COhcstta Oliveri
Oualff)ed In Dutchess County,�j
207 Old Hopewell Road ,
815702668575,
Commission Expires Aug 11 (ii.
Alpine Company of Poughkeepsie
,
213 Old Hopewell Road
6157-02-687552'
Dabil Enterprises'
217 OM Hopewell Road
6157.02-700544
Joseph Rizzo
219 Old Hopewell Road
6157-02-706566;
Egidio & Patricia Verses
221 Old Hopewell Road
6157-02-740551
Mildred Sucich
237 Old Hopewell Road
6157x02.796563',
'as to one-half (1/2) acre only
PLEASE TAKE FURTHER NOTICE