1998-04-27 RGMAGENDA
TOWN BOARD TOWN OF WAPPINGER
APRIL 27, 1998
7:30 P.M.
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL, PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES - 3/9/98 WS, 3/23/98 RGM, 3/27/98 SPM
4. REPORTS OF OFFICERS: Sup/Comet, Town Justices, Dog Control Officer Feb -March,
Receiver of Taxes, Bldg. Insp., Zng. Adm.
5. PETITIONS & COMMUNICATIONS
a. Gray Engineering, re : Wildwood Subdivision/Povall 4/1/98.
b. Pagones, Cross, Van Tuyl, re: Meadowwood Project 4/1/98.
c. Hammond Security System, re: Misuse of authority 4/10/98.
d. CAMO Pollution Control, re: Sewer Backup, 11 Orchard Dr.
e. Alpine Co. of Poughkeepsie w/application for change of Zone.
f. Highway Equipment Rental Rates for 1998.
g. G. Foster, Highway Supt., Memos (1) Request to attend Highway School for
1998. (2) Repair CR #28 Old Hopewell Rd. (3) Personnel
h. R. Holt, Rec. Chairman, requests: (1) P.O. $7,500 payable Deer Hill Conference
Center, Summer swim program. (2) P.O. $2,900 payable Hopewell Home
Improvement, for Dugout, Robinson Lane. (3) Mower Bids. (4) Citizen
Recognition of Melissa Bisaccia.
i. Vacancy - Recreation Comm., Ronald Friedman and Stephen Miller, 5/1/98,
w/recommendation from R. Holt to reappoint both for another 5 year term.
j. Resignation, Rhonda Goldsmith, Data Entry Operator, Building Department,
effective 4/24/98.
k. Appoint Carol Facchiano, Data Entry Clerk Operator, Building Dept., effective
4/16/98 and Nancy Laffin, Data Entry Operator, Building Dept., effective 4/20/98.
1. J. Paggi, Engineer to Town, reports: (1) Wappinger Park Water/Rt 9. 4/9/98 (2)
Phase 3A. 4/9/98 (3) Infiltration Inflow WSI Area #1 Rockingham Farms Sewer
District 4/14/98.
M. Carl Amburgey, Town Patrol, repair for vehicle DC -121 3/20/98.
n. Linda Nguyen, secretary, Planning/Zoning Board, re: Members of
Zoning/Planning Board request permission to attend DC Planning Federation
Short Course April 291h and May 61h .
o. Vacancy Zoning Board of Appeals, 5 year term, 2//01/03, tabled at 3/23/98
meeting.
p. Vacancy on Board of Assessment Review 5 year term 9/30/02.
q. Mark Massry with request to connect Wappinger Plaza to Town sewer system
4/9/98.
r. New York State Dept of Environmental Conservation re: (1) Inspection of 4/6/98
Town Highway Garage 4/9/98 (2) Castlepoint Landfill Closure Insp. 4/16/98 (3)
Montclair Townhouses 4/16/98. (4) Response on request to plant trees Route 9
Mesier Ave. to Myers Corner Rd. 4/3/98.
S. Tri -Muni Sewer Commission re: High Influent Organic Loading at Wastewater
Treatment Facility 4/9/98.
t. John & Eileen Fusaro requesting permission to tie into water main. 4/1/98.
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
Zoning Administrators Report
8. RESOLUTIONS
a. Consider adoption Local Law late penalty charges W/S.
b. Consider adoption Local Law Cell Towers.
C. Authorize Supervisor sign agreement Stop DWI.
d. Consider adoption T/W Greenway Designation Act, and authorize Supervisor to
sign.
9. UNFINISHED BUSINESS
10. NEW BUSINESS
11. ADJOURNMENT
REMINDER: PUBLIC HEARINGS
7:00 PM LATE PENALTY CHARGES FOR WATER/SEWER
7:15 PM AMEND ZONE LAW FOR CELL TOWERS
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The Regular Town Board Meeting of the Town of Wappinger was held on
April 27, 1998 at the town hall, 20 Middlebush Road, Wappingers Falls, New
York. Supervisor Smith called the meeting to order at 7:30 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
The following correspondence from William Povall, owner of a 5.2 parcel
located on Wildwood Drive was taken out of order. Mr. Povel is planning to
subdivide this parcel, and before submitting the application to the Planning
Board he must resolve the issue of sewer services. He is requesting the town
verify whether or not the property is located in a sewer district. Should the
parcel not be located in a sewer district, he is requesting this property be
added to the Wildwood Sewer District. A recent survey of the property has
revealed that a portion of Wildwood Drive and various drainage structures
have been constructed on the property. In addition, it appears that a section
of the sewer main collecting sanitary sewage from the residents along
Wildwood Drive and the Wildwood Condominiums has been constructed on
the property as well. It is Mr. Povall's belief that it was an oversight if this
parcel was not included in the Wildwood Sewer District. The adjacent
properties to the south along Wildwood Drive, the Wildwood Condominiums
across the street, and the adjacent properties to the north along New
Hackensack Road all are in the Wildwood Sewer District. It would not be
logical if this parcel was excluded from that district. In addition, the sewer
main was constructed on this parcel. This would be consistent with the
premises that sewer services from this parcel would be connected to it. Mr.
Povall would like his property to be added to the Wildwood Sewer District, if
it is not already.
COUNCILMAN VALDATI moved to refer this to Attorney to the Town Al
Roberts, and Engineer to the Town to research and report back to the board
at a 6/8/98 workshop.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Mr. Paggi also requested Mr. Povall to put a package together,( plans,letter,
etc.) and submit it to his office to review.
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The Supervisor requested all to join in the Pledge of Allegiance to the Flag.
MINUTES
The Minutes of the Workshop Meeting of March 9, 1998, Regular Meeting of
March 23, 1998, and Special Meeting of March 27, 1998, having previously
been forwarded to the board members, were now placed before them for their
consideration.
COUNCILMAN RUGGIERO moved that the above stated minutes as
submitted by the Town Clerk, be and they are hereby approved.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN VALDATI reminded Supervisor Smith that the minutes of
the November 11, 1997 meeting were still outstanding, and had not been
approved. He had requested a verbatim rendering on page #3, of the
Supervisors comments regarding the budget. He received it and copies of
same were distributed to the board members.
COUNCILMAN VALDATI moved that the comments by Supervisor Smith
regarding her reason for voting against the budget be stricken from minutes
of the November 10, 1997 meeting and be amended to reflect the actual
verbatim rendering as follows, provided by the Town Clerk. Supervisor
Smith voted nay on the budget, because she was uncomfortable with this
budget, she was uncomfortable with last years. Mr. Valdati asked what aspect
she was uncomfortable with, and she replied she was uncomfortable with the
decrease in taxes for the third time, she thinks the town is going through a
fiscal problem. Therefore she is voting nay. Mr. Valdati asked the
comptroller, is it fair to say that the major factor that is contributing to the
decrease of the original tentative budget would be the bonding for the
Castlepoint Project? Mrs. Buckley answered, no! Mr. Valdati asked, from the
supervisors tentative budget, what would be the difference? Mrs. Buckley,
replied, the elected officials did not get an increase, and that brought
everything down. Mr. Valdati; so then the objection would be, the elected
officials did not get an increase. Supervisor Smith said no, it is not the
reason. The increase has nothing to do with it, I just don't think we should
give a decrease in taxes this year.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the month of March were received from the Receiver of Taxes,
Building Inspector, Town Justices, Dog Control Officer (Feb. & March), &
Zoning Administrator.
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COUNCILMAN RUGGIERO moved to accept the reports and place them on
file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Correspondence from Jennifer VanTuyl, P.C., attorney representing the
Medowwood Project. There are still several important issues to discuss, and
she would like to set a special meeting to discuss them.
COUNCILMAN BETTINA moved to take to the June 8, 1998 workshop for
further discussion.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Correspondence from Malcolm B. Hammond, President of Hammond Security
Systems, directed to Building Inspector, John Morgan. Mr. Hammond felt
obligated to bring a serious misuse of authority which is taking place in the
Town of Wappinger. You may be aware of the New York State Board of Fire
Underwriters, specifically, Mr. Fred Millius. Mr. Millius does not have any
authority to conduct an inspection of low voltage systems such as intercom,
whole house audio or telephone systems or, as in this case, residential
burglar alarm systems. Mr. Millius intervenes in the inspection process and
delays the CO, demanding a fee of $50 or more for this "inspection".
Recently, he had the audacity to open the locked boxes of systems inspected
by a competitive inspection company in order to make a list of doubtful
violations. Some building officials, intimidated by his title and unaware of
the inspection requirements for low voltage systems, have allowed Mr.
Millius to operate in this manner. Mr. Morgan informed the board, that Mr.
Millius has been certified. It is a major concern, and Mr. Morgan plans to
discuss this matter with the other townships at the upcoming conference he
will be attending this week. He will report back to the board on this matter.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A memo from CAMO Pollution Control in regard to a sewer backup at 11
Orchard Drive. At that time the resident indicated that there was a blockage
in the pipe at 140'. CAMO Pollution explained that the Town policy
regarding sewer backups is that the homeowner is responsible for the
blockages from the home to the sewer main. The Town is only responsible if
there is a broken pipe under the road pavement. CAMO TV'd the sewer main
and found that the sewer main, and the area where the homeowner's lateral
is tapped in, was in good condition. He recommended that the homeowner
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have his line snaked again and CAMO be present when the work was to be
done. The homeowners plumber found a number of problems in the
homeowners section of the pipe that were related to poor grade and tree roots
running the entire distance of the sewer line to the sewer main. Their
plumber installed 80' of new sewer lateral. It was also necessary for the
plumber to re -grade the line. CAMO then ran 15' of sewer line into the sewer
main. Although the joints of the existing sewer lateral that were under the
road had roots entering the collar, the pipes were not broken. CAMO
recommended the homeowner to contact his neighbor in regard to possibly
removing the trees that run the length of what appears to be boarder of the
two properties.
COUNCILMAN VALDATI moved to accept the memo and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is an application submitted by the Alpine Company of Poughkeepsie for
a change of zone. Mr. Kellogg, one of the landlords of Alpine Commons went
over a brief conceptual plan to develop the 18 acres off Old Hopewell Road. It
is the first step in their efforts to add to Alpine Commons. If approved, this
project would generate an additional tax revenue close to $2 million. It will
employ 600 people, and produce an annual payroll of $6.7 million. These
figures are based on the existing assessment on the property at this time.
At some point in time, they will submit a traffic study to the County DPW
and the NYSDOT. In addition, he wishes consideration from the board to
establish a new local law in the shopping center to reflect new parking
standards to reflect the national standards. The national standard is to
provide 4.5 spaces per 1,000 feet of leaseable area. He is also requesting the
Town of Wappinger to declare itself Lead Agency.
COUNCILMAN VALDATI moved to declare the Town of Wappinger Lead
Agency.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN VALDATI moved to refer the rezone request to the Town
Planning Board and the Dutchess County Planning Board for their review
and comments, and take to 5/11/98 workshop for further discussion.
Seconded by Mr. Bettina
Motion Unanimously Carried
Graham Foster, Highway Superintendent submitted the list of rental rates
for equipment for 1998.
COUNCILMAN BETTINA moved to accept the equipment rental rates for
1998 submitted by Mr. Foster and place them on file.
n
Seconded by Mr. Valdati
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Motion Unanimously Carried
Next are several memos from Graham Foster, Highway Superintendent.
The first is a memorandum requesting the Boards permission to attend the
Annual Training for the Highway Superintendents to be held June 7th
through June 10th, at Ithaca New York. This program is sponsored by the
Association of Towns in cooperation with the Cornell Local Roads Program.
Advanced registration is $65.
COUNCILMAN RUGGIERO moved to approve the request from Graham
Foster to attend the Annual Training for the Highway Superintendents on
the days requested, and his legitimate expenses charged to the town.
Seconded by Mr. Bettina
Motion Unanimously Carried
At the last town board meeting a request was made by Mr. Paoloni for Mr.
Foster to check with DPW to see if Old Hopewell Road CR #28 was on their
schedule for repair. Mr. Foster contacted the DPW concerning the repair of
the above route and was told that currently plans are in place to do major
reconstruction on this road from Route 9 to CR #94,( All Angels Hill Road), in
two or three years. This schedule could be pushed out if the County needs to
acquire additional right of way. During the 1998 construction season they
will evaluate the need for some temporary repairs and do them if possible.
They will let Mr. Foster, know their intentions after their evaluation. There
was also some discussion on the conditions of the roads in Wappinger Park.
Mr. Foster explained that he had planned on re -paving the area, but Tri -
Muni has been delayed, and it would be very costly to pave, only to have a the
roads torn up, and repave. At this time, he has been shimming the roads.
COUNCILMAN PAOLONI moved to authorize the Supervisor to send a
letter to the County to move up date to repave Old Hopewell Road, and also
authorize the Supervisor to send a letter to the county DPW and State for a
list of roads to be paved.
Seconded by Mr. Bettina
Motion Unanimously Carried
The last memo concerns personnel. As you know, Mike Hirsch has been out
on disability since December of 1997, and is terminating his employment
with the town on 5/1/98 and going on permanent disability due to a personnel
illness. Mike's title is HMEO. Mr. Foster would like to post Mike's job to
give the in-house people the opportunity to advance to this position as is
outlined in the Union Contract. Once the in-house transfers are complete, he
wishes to hire a replacement employee.
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COUNCILMAN RUGGIERO moved to authorize Mr. Foster to fill the
vacancy, and post the vacancy as an in-house move.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next are several requests from Ralph Holt, Recreation Chairman.
Mr. Holt requests permission to obtain a P.O. for $7,500 payable to Deer Hill
Conference Center for the use of their pool facilities from June 29, 1998 to
August 14, 1998 for the summer swim program. These funds will be payable
in two installments of $3,750, and are allocated in the B-7310.4 account.
COUNCILMAN VALDATI moved to approve the P.O. in the amount of
$7,500 payable to Deer Hill Conference Center for the use of their pool
facilities from June 29, 1998 to August 14, 1998 for the summer swim
program, as requested by Mr. Holt.
Seconded by Mr. Paoloni
Motion Unanimously Carried
A second request from Mr. Holt for a P.O. payable to Hopewell Home
Improvement for $2,900 to repair the dugout at field #10 at Robinson Lane.
The funds for this project are in Recreation budget account A-7110.4. Three
quotes were received, Hopewell Home Improvement being the lowest.
COUNCILMAN PAOLONI moved to approve the P.O. payable to Hopewell
Home Improvement in the amount of $2,900 to repair the dugout at field #10,
Robinson Lane, they being the lowest quote.
Seconded by Mr. Valdati
Motion Unanimously Carried
At the last town board meeting, the bids for the purchase of the mower for
Recreation was tabled. Since that time Recreation has looked further at the
Hustler mower and noticed that the back wheels are pivotal and are not
something they are comfortable with. Mr. Holt is requesting that the town
board not accept either bid and give him permission to re -bid so Recreation
can be more specific with their requirements.
COUNCILMAN VALDATI moved to disqualify both bids and authorize Mr.
Holt to re -bid for the mower for the Recreation Department as requested.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A memo from Ralph Holt to John Smith, President of the Town of Wappinger
Little League in regard to recreation taking some action in recognizing
Melissa Bisaccia.
COUNCILMAN VALDATI moved to accept the memo and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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At the February 23rd town board meeting, Mr. Holt requested authorization
to increase the fees for the summer recreation programs from $15 for the first
family member to $30, and from $10 for each additional child, to $20. It was
Mr. Holt's contention that many of the parents would register their children
only as an "in case" and never use the facilities This practice kept other
children from being able to attend, especially at the start of the program.
The parents feel they are receiving a bargain and this feeling would not
change with the increase they are proposing. At that time, a motion was
made to table Mr. Holt's request to a workshop for further discussion.
The request from Mr. Holt to raise the fees for recreation was once again
presented to the Board for their consideration.
COUNCILMAN VALDATI moved to increase the fees as requested by Mr.
Holt, only with the stipulation that the increase is funded back into the
program to enhance it.
Seconded by Mrs. Smith
Mr. Ruggiero was against raising the fees for the summer recreations
program because he is concerned about the program being accessible to as
many children as possible, especially with the fiscal condition of the town
being so healthy with a million dollar surplus, and town funds available. The
program is not hurting for money. If recreation wishes to expand any part of
the summer program they can bring the proposal to the board. He is proud
that we have one of the lowest fees in the county. We don't offer enough
services to this town.
Mr. Valdati said he does not wish to raise the fee just for the sake of raising
the fee, as he said, the only way he would vote for an increase in the fee, is
with the stipulation that the money be used to enhance the program.
Mr. Bettina said unless Mr. Holt can come back with some additional
programs to show where the money would be spent, he cannot support
raising the fees either.
Roll Call Vote
Councilman Valdati
Councilman Bettina
Councilman Ruggiero
Councilman Paoloni
Supervisor Smith
Vote
Aye
Nay
Nay
Nay
Aye
Motion Defeated
At this time June Visconti was recognized by the board. She wished to know
what ever happened to the docking facility parking in Chelsea. Mr. Roberts,
Attorney to the Town informed the board, that Chelsea Yacht Club are
approving a license. They would not approve long term, but would approve
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on a yearly basis, and they would give us 6 months advance notice if they
wanted to terminate. This agreement does not address the parking issue, it
only permits the town to expand the dock facility. Mrs. Smith will update
the board on the parking issue at Chelsea Recreation Area at the June 8th
workshop.
The terms of Ronald Friedman and Stephen Miller expire as members of the
Recreation Commission on May 1, 1998. They both have indicated they
would be interested in serving for another term. The Recreation
Commission, thereby recommends they be re -appointed to serve another 5
year term.
The following resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption.
RESOLVED, that Ronald Friedman be and he is appointed to fill the vacancy
of the Recreation Commission of the Town of Wappinger which has occurred
by reason of expiration of his term of office, and
IT IS FURTHER RESOLVED, that the said Ronald Friedman is hereby re-
appointed to said Recreation Commission for a term which shall expire on the
18t day of May, 2003
Seconded by Mr. Paoloni
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN RUGGIERO who
moved its adoption.
RESOLVED, that Stephen Miller be and he is appointed to fill the vacancy of
the Recreation Commission of the Town of Wappinger which has occurred by
reason of expiration of his term of office, and
IT IS FURTHER RESOLVED, that the said Stephen Miller is hereby re-
appointed to said Recreation Commission for a term which shall expire on the
18t day of May, 2003.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The resignation of Rhonda Goldsmith, Data Entry Operator for the Building
Department, was received, effective April 24th.
COUNCILMAN BETTINA moved to accept the resignation of Rhonda
Goldsmith, place it on file, and send her a letter of thanks.
Seconded by Mr. Valdati
Motion Unanimously Carried
Several reports from Jay Paggi, Engineer to the Town. The first concerns
Wappinger Park Water/Route 9. As you recall, it had been suggested to
initiate discussions with the NYSDEC regarding potential joint project for
the extension of the water line along the Old Route 9 corridor to serve the
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commercial and residential properties along Old Route 9 and eventually
Wappinger Park. The State's participation would allow them to abandon
their in-house filtering system they had provided to the individual property
owners due to past petroleum contamination. We had drafted letters to the
State as a follow-up of Michael Tremper's October 21, 1997 memo to the
board. Mr. Doshna, Regional Spills Engineer, with the NYSDEC has now
replied that no contributions to the project are anticipated by the State,
because it is expected that remedial efforts for the spill contamination will be
coming to a close in the next few years.
COUNCILMAN VALDATI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next report concerns funding for Phase 3A. As you are aware Mr. Paggi's
office has applied for funding for Phase 3A under the Clean Water/Clear Air
Bond Act of 1996. The project was not funded for the fiscal year 1997-1998.
Be advised that Mr. Paggi has re -submitted the application 1998-1999.
COUNCILMAN VALDATI moved to accept the report and place it on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The last report is in reference to Infiltration/Inflow, Wappinger Sewer
Improvement Area No. 1, and the Rockingham Farms Sewer District. As per
the correspondence dated 4/9/98 from Jack Railing, Administer of the Tri -
Municipal Sewer Commission, Mr. Railing wishes to know what existing or
current plan of action that the town might be taken to correct the existing
infiltration/inflow problems of the above referenced districts. As reported
previously, the two districts do experience high flows during times of
significant rain fall, as experienced in the calendar year 1996. The majority
of the collection systems of these districts were constructed in the 1960's and
early 1970's, and therefore, are 25-35 years in age, and are approaching their
useful life. It might be advisable to entertain proposals from firms that can
do a comprehensive infiltration/inflow study of the two districts to determine
the most cost-effective methods of attacking the problem. Some work was
performed in 1990 and 1991 were a significant amount of infiltration was
removed from Wappinger Sewer Improvement Area #1. He is of the opinion,
that a portion of the problem is not infiltration, or leaky pipes, it is illegal
connections into the pipes, which is called inflow. There are ways of
determining if these connections are made, and they would be part of
comprehensive study. If the board wishes, he could start an investigation of
a long range plan of attacking the problem, and submit it to the Commission.
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COUNCILMAN VALDATI moved to authorize Mr. Paggi, to formulate a plan
and advise Mr. Railing what plan of action is to be taken.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A memorandum from Carl Amburgey, Director of the Town Patrol, informing
the board the Town Patrol Unit DC -121, a 1992 Chevrolet Caprice Police
Package VIN. #1G1BL5375NW141178, is out of service and in need of repair.
The mileage is 85,738. In addition to the existing problem, there are other
repairs forthcoming. The vehicle was taken to Poughkeepsie Chevrolet for an
estimate and they gave a written estimate of $2,695. In addition, Mr. Foster
informed the board, that the car is also going to require power steering work.
State Police and Sheriff patrol cars, all retire their cars at 85K.
COUNCILMAN VALDATI moved to check State Bid for prices, and then take
to a workshop with Mr. Amburgey.
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Don Close, Zoning Administrator for himself, two members
of the Zoning Board and two members of the Planning Board to attend the
Dutchess County Planning Federation Short Course on April 29th and May
6th,
COUNCILMAN RUGGIERO moved to approve the request from Mr. Close
for members of the Planning Board and Zoning Board to attend the DC
Planning Federation Short Course on April 29th and May 6th, and their
legitimate expenses be a town charge.
Seconded by Mr. Valdati
Motion Unanimously Carried
The following Resolution was offered by SUPERVISOR SMITH who moved
its adoption.
RESOLVED, that Al Lehigh be and he hereby is appointed to fill the vacancy
of the Zoning Board of Appeals of the town of Wappinger which has occurred
by reason of expiration of his term of office, and
IT IS FURTHER RESOLVED, that the said Al Lehigh is appointed to the
said Zoning Board of Appeals for a term which shall expire on the 18t day of
February, 2003.
Seconded by Mr. Ruggiero
Roll Call Vote Vote
Supervisor Smith Aye
Councilman Valdati Nay
Councilman Bettina Nay
Councilman Ruggiero Aye
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Councilman Paoloni Aye
Motion Carried
Next is the vacancy on the Board of Assessment Review. Supervisor Smith
informed the board that Ismay Force attended the school, but was never
officially appointed. We also had Mr. Carlin attend the school. Because
Ismay attended the school first she was down as first choice and Mr. Carlin
second choice.
COUNCILMAN RUGGIERO moved to conduct an interview with Ismay
Force first.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Mark Massry with a request to connect the Wappingers
Plaza to the Town Sewer system.
COUNCILMAN VALDATI moved to refer this request to Mr. Paggi, Engineer
to the Town, to respond.
Seconded by Mr. Bettina
Motion Unanimously Carried
Next are several letter from the NYSDEC. The first concerns their inspection
of April 6, 1998 of the Town of Wappinger Garage, with a letter of response
from Graham Foster, Highway Superintendent. As a result of the inspection,
there were some items in need of attention. In his response, Mr. Foster
informed Ms. Zicca of the DEC, that the items in need of attention had been
taken care of and a 300 gallon waste oil tank has been included in their
application for a new license. Mr. Foster will notify the DEC of final plans
after the EPA inspection.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
The next letter from the NYSDEC concerns the Castlepoint Landfill Closure
Inspection. As the construction continues, periodic inspections will be
conducted and follow-up letters will be forwarded.
COUNCILMAN RUGGIERO moved to accept the correspondence and place it
on file.
Seconded by Mr. Paoloni
Motion Unanimously Carried
The last item from the NYSDEC concerns Montclair Townhouses. Joseph
Marcogliese, Regional Water Engineer advised the Town that he has not
received a response to his request for a status report on the inclusion of
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Montclair into the town Sewer District. He is anxious to see this facility
abandoned and prepared to encourage Montclair joining the District.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is a letter from the NYSDOT in response to a request from Supervisor
Smith that trees be provided in the median of Route 9 as part of this project
to add the third southbound lane to Route 9. The Department can provide
shrubs within a 16 foot median from Mesier Ave. to Myers Corners Road.
Supervisor Smith said she wished to clarify, in the minutes, that it is from
Mesier Ave. to Old Hopewell Road, not Myers Corners Road.
COUNCILMAN VALDATI moved to accept the correspondence and place it
on file.
Seconded by Mr. Bettina
Motion Unanimously Carried
Correspondence from Jack Railing, Administrator of the Tri -Municipal Sewer
Commission. On the morning of April 8, 1998, the Tri -Municipal Wastewater
Treatment Facility experienced extremely high organic levels of influent
wastewater arriving at the Treatment Plant. This caused significant
problems to the plant's preliminary treatment system. Among other things,
some of the solids that were collected on the bar screens required us to fill
approximately three-quarters of a dumpster with material typically found in
raw primary sewage, similar to that which might come from a concentration
tank or septic tank. Mr. Railing advises that the town continue vigilance in
helping the Tri -Municipal Sewer Commission determine the source of these
"slugs" of materials coming to the plant. These "slugs" are indicative of
potential illegal dumping of materials into the wastewater collections
systems of the tributary municipality.
COUNCILMAN RUGGIERO moved to authorize Supervisor Smith send a
letter to the commission, requesting, that when an incident occurs, please
contact CAMO that day, so they may perform an appropriate inspection.
Seconded by Mr. Bettina
Motion Unanimously Carried
A request from Mr. & Mrs. John D. Fusaro, 71 Losee Road for permission to
tie in to the water main in front of their home. They are presently
experiencing problems with the piping to their well and the related pump.
Mr. Paggi, Engineer to the Town, explained, if it is a fixable problem, they be
asked to fix the problem, rather than tie in.
12
042798.RGM
COUNCILMAN RUGGIERO moved to authorize Mr. Paggi, to obtain all the
necessary information first, and report back to the town board.
Seconded by Mr. Paoloni
Motion Unanimously Carried
Joel Hanig, Attorney representing Gigliotti Subdivision, (4 Lots) with a
request for a waiver of the requirement to connect into the Central
Wappinger Water Improvement Area.
COUNCILMAN VALDATI moved to grant the waiver of requirement to
connect into the Central Wappinger Water Improvement Area, as requested
by Mr. Hanig, Attorney representing Gigliotti Subdivision.
Seconded by Mrs. Smith
Motion Unanimously Carried
An application for a Hawkers and Peddlers license was received from Nidia
Valle. Everything seemed to be in order.
COUNCILMAN RUGGIERO moved to approve the Hawkers and Peddlers
application as submitted by Nidia Valle.
Seconded by Mr. Paoloni
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN PAOLONI on Election Inspector salaries. Elaine Snowden,
Town Clerk, informed Mr. Paoloni that the Inspectors are paid $6 an hour.
Election law says they must be paid on a per diem basis. If they work
primary day, which is usually from 12:00 p.m. to 9:00 p.m. they get paid for
Y2 hour before and % hour after which comes to 10 hours. If it is a
presidential year, they get paid Y2 hour prior to the polls opening and either 1
hour or 1 Y2 hours after the polls close. Mr. Paoloni made a motion that
salaries be raised from $6 to $8 per hour. There was discussion on the
impact a raise in salaries would have on the budget.
COUNCILMAN RUGGIERO moved to take Election Inspection salaries to a
workshop for further discussion.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN RUGGIERO had no reports at this time.
COUNCILMAN VALDATI had no reports at this time.
COUNCILMAN BETTINA had no reports at this time.
SUPERVISOR SMITH, indicated that correspondence was received from
Dutchess County Legislature informing the Board that Dutchess County
Legislator, John A. Beale, representing District 14 in the Town of Wappinger,
has tendered his resignation, effective 11:59 p.m., Sunday, April 26, 1998.
13
042798.RGM
She would be setting interviews for the vacated position on May 6, 1998 at
6:30 p.m. prior to the meeting.
BONDS & LETTERS OF CREDIT
Mr. Close submitted his report for the month of March on the schedule of
Bonds and Letters of Credit on the various sub -divisions, the amounts,
expiration dates and call up dates.
COUNCILMAN RUGGIERO moved to accept Mr. Close's report and place it
on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
RESOLUTIONS
A Public Hearing having been held on a proposed Local Law entitled
"Assessment of a (10 %) Percent Late Penalty of Water & Sewer Charges",
the matter of its adoption was now placed before the board for their
consideration.
The following Resolution was offered by COUNCILMAN RUGGIERO, who
moved its adoption, seconded by Mr. Bettina.
LOCAL LAW #3 OF 1998
TOWN OF WAPPINGER
A Local Law entitled "Assessment of a Ten (10%) Percent Late Penalty of
Water and Sewer Charges".
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1: Title: Assessment of a Ten (10%) Percent Late Penalty
on Sewer and Water Charges.
This Local Law shall be known and cited at Town of Wappinger Local Law
No. #3 of 1998, entitled "Assessment of a Ten (10%) Percent Late Penalty on
Water and Sewer Charges", and formalizes the Town's practice of imposing
late penalties for unpaid or untimely paid sewer and water charges in
accordance with Town Law Section 198(3)(d) and General Municipal Law
Section 452(5)(d) in order to more efficiently bill the residents of the Town of
Wappinger for such public utilities.
Section 2: Legislative Intent and Purpose.
1. The Town Board heretofore authorized the imposition of policy
imposing a Ten (10%) Percent late penalty for all payments of sewer
and water charges that are delinquent by thirty (30) days or more. In
accordance with Section 198(3)(d) of the Town Law and Section
452(5)(d) of the General Municipal Law, the Town is permitted to
assess a Ten (10%) Percent late penalty on all unpaid sewer and water
charges in arrears for thirty (30) days or longer. By adoption of this
14
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042798.RGM
Local Law, the Town Board wishes to formalize its policy of assessing a
Ten (10%) Percent late penalty on delinquent sewer and water charges
and, at the same time, provide a five (5) day grace period before such
penalties are imposed. In addition, any assessed penalty would appear
on the next ensuing quarterly statement for sewer and/or water
charges. A copy of this Local Law will be forwarded by the Town
Attorney to local title and/or land abstract companies and the
Dutchess, Orange, Ulster and Putnam County Bar Associations for
informational purposes.
2. Section 10 of the Municipal Home Rule Law of the State of New York
authorizes a Town to adopt by Local Law for its own purposes, any
statutory provision, amendment or exemption which has been
expressly authorized by the State Legislature for any other named
Town, thereby superseding general statutory provisions to the
contrary.
3. Currently, whenever sewer and water charges are paid and/or received
after their due date and such payments do not include the required
penalties, the entire payment is returned to the taxpayer with a notice
requesting that the payment be resubmitted with the assessed
penalties. This procedure has caused confusion for both employees of
the Town and residents of the Town. The Town Board has determined
that it would be in the best interests of the residents of the Town of
Wappinger that the procedure for implementing the assessment of late
penalties on delinquent sewer and water charges be changed.
Section 3: Assessment of Ten (10%) Late Penalty on all Sewer &
Water Charges.
1. In accordance with the Legislative Intent noted above and pursuant to
the authority set forth in Town Law Section 198(3)(d) and General
Municipal Law Section 452(5)(d), the Town Board hereby imposes a
Ten(10%) Percent penalty charge on all unpaid and/or delinquent
sewer and water charges in arrears for thirty (30) days or longer. In
addition, the Town will allow for a five (5) day grace period from the
due date, whereby if payment is received within five (5) days of the due
date, no penalty will be assessed. However, in the event payment is
received beyond the five (5) day grace period, any payments for water
and sewer charges will be received by the Town and applied towards
the payment of current sewer and/or water charges, and the Ten (10%)
Percent penalty would be included with the next succeeding sewer and
water bill. For payments received after the five (5) day grace period,
15
F 042798.RGM
the Town's Water/Sewer Billing Department will send a notice to the
Sewer/Water customer and/or taxpayer indicating:
a. that the payment was not received in a timely manner;
b. stating the amount of the penalty; and
c. informing the customer/taxpayer that payment of the penalty
is due immediately upon receipt of said notice.
The notice will also state that if the penalty is not paid by the time of the
issuance of the next sewer/water bill, the penalty will be reassessed on the
next bill.
Section 4: Notification.
Because this Local Law is a departure from long standing practice, the
Town Board directs that additional notice of the adoption of this Local Law
be provided as follows:
1. Within thirty (30) days after the adoption of this Local Law, the Town's
water and sewer Billing Department is hereby directed to send an
abstract of this Local Law to all sewer and water customers and/or
taxpayers within any Sewer or Water Districts or Improvements in the
Town of Wappinger.
2. The Attorney to the Town is hereby directed to send a copy of this Local
Law to all Title Insurance Companies and/or Abstract Companies listed in
the most recent edition of the "Yellow Pages" in the Bell Atlantic
"Dutchess County Plus" phone book as well as to the Dutchess Orange,
Ulster and Putnam Count Bar Associations.
t am y
Section 5: Separability.
1. The provisions of this Local Law are separable and if any provisions,
clause, sentence, subsection, word or part thereof is held illegal, invalid or
unconstitutional, or inapplicable to any person or circumstance, such
illegality, invalidity or constitutionality, 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 his Local Law would have been adopted if such illegal, invalid
or unconstitutional provision, clause, sentence, subsection, word 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 6: Supersession
Pursuant to Municipal Home Rule Law Section 22, the provisions of this
Local Law are intended to supersede any inconsistent or contrary provisions
16
042798.RGM
contained in the New York `State Constitution or in Town Law Section 198,
or General Municipal Law Section 452.
Section 7: 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.
Roll Call Vote
Vote
Supervisor Smith
Aye
Councilman Valdati
Aye
Councilman Bettina
Aye
Councilman Ruggiero Aye
Councilman Paoloni Aye
Motion Unanimously Carried
A Public Hearing having been held on the proposed law entitled,
"Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service
Facilities", that matter of its adoption was now placed before the board for
their consideration.
COUNCILMAN VALDATI moved to adopt a Negative Declaration as
drafted, in regard to the Cell Tower Law, seconded by Mr. Bettina, and
unanimously carried.
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption and seconded by Mrs. Smith.
(Local Law #4 of 1998 Entitled "Amendments to the Zoning Law Adopting
Regulations for Telecommunications Towers, Antennae and personal
Wireless Service Facilities" attached hereto and made part thereof of this
meeting).
Roll Call Vote Vote
Supervisor Smith Aye
Councilman Valdati Aye
Councilman Bettina Aye
Councilman Ruggiero Abstain
Councilman Paoloni Aye
Motion Carried
Next is to approve the agreement to STOP DWI and authorize the
Supervisor to Sign.
COUNCILMAN BETTINA moved to approve the agreement to STOP DWI
and authorize the Supervisor to sign.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
17
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042798.RGM
COUNCILMAN BETTINA moved to adopt the following Resolution and
authorized the Supervisor to sign.
WHEREAS, the Hudson River Valley Greenway Act (hereinafter, the
"Greenway Act") Chapter 748 of the Laws of 1991, calls for the
establishment of a compact among the municipalities of the Greenway area,
and
WHEREAS, the Town of Wappinger is situated in the Greenway area as it
was officially designated in the Greenway Act, and
WHEREAS, the compact has five basic criteria, to -wit: economic
development, regional planning, natural and cultural resource protection,
public access and heritage environmental education, and
WHEREAS, the process by which the compact is to be established is
voluntary and cooperative, and
WHEREAS, the Greenway Act does not usurp or change the powers that the
State has previously granted municipal governments under the New York
State Constitution, the Municipal Home Rule Law or pursuant to the various
municipal enabling acts, and
WHEREAS, the Greenway Act permits the Hudson River Valley Greenway
Communities Council (hereinafter the "Council'), and the
Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter "the
Conservancy"), to initiate and demonstrate the compact planning process
and other Greenway programs in participating communities, and
WHEREAS, participating communities can be eligible to receive from the
Greenway financial and technical assistance for Greenway -related planning
and capital projects,
NOW THEREFORE BE IT RESOLVED, that the Town of Wappinger
supports the aims of the Greenway Act as well as the process by which the
compact is to be achieved, and The Town Board endorses the designation of
the Town by the Greenway as a participating community.
Seconded by Mr. Valdati
Motion Unanimously Carried
UNFINISHED BUSINESS
COUNCILMAN VALDATI moved to adopt the ROBERTS RULES OF
ORDER as the procedure for operation of the town board in so far as it does
not violate State Law, and authorize Town Clerk to order updated copies of
the book.
Seconded by Mr. Bettina
Motion Unanimously Carried
Graham Foster, Highway Superintendent, on the Spring Clean-up. His office
has been inundated with calls today about the clean-up. His policy has been
IR
LOCAL LAW OF 1998
TOWN OF WAPPINGER
A Local Law entitled "Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities" regarding the
approval, establishment, placement, construction, enlargement and erection of
Telecommunications Towers, Antennae and Personal Wireless Service Facilities in the Town of
Wappinger.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title: Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities.
This Local Law shall be known and cited as Town of Wappinger Local Law No.
of 1998, entitled "Amendments to the Zoning Law Adopting Regulations for
Telecommunications Towers, Antennae and Personal Wireless Service Facilities" and shall
provide standards and requirements for the regulation and placement of Telecommunications
Towers, Antennae and Personal Wireless Service Facilities in the Town of Wappinger.
Section II: Legislative Intent and Purpose.
The purpose of regulating Telecommunications Towers, Antennae and Personal Wireless
Facilities and Towers is to:
1. Preserve the character and appearance of the Town of Wappinger while allowing
Adequate Personal Wireless Services to be developed.
2. Protect the scenic, historic, environmental, and natural or man-made resources
of the community.
o: \common\wappinger\locallaw\laws\celltow. fin
3. Provide standards and requirements for the regulation, placement, design,
�4w
in that:
appearance, construction, monitoring, modification and removal of Personal
Wireless Service Facilities.
4. Establish a systematic review process that ensures action within a reasonable
period of time, for requests for authorization to place, construct, operate or
modify Personal Wireless Service Facilities.
5. Preserve property values.
6. Minimize the total number and height of Towers and Antennae throughout the
community, consistent with the need to provide adequate service.
7. Locate Towers and Antennae so that they will not create an attractive nuisance,
noise, or harm from falling objects, and otherwise will not have any other
potential adverse impact on property values, the health, safety, welfare and
quality of life in the community.
8. Require owners of Towers and Personal Wireless Service Facilities to configure
them so as to minimize and mitigate the adverse visual impact of the Towers and
Facilities.
9. Require Tower sharing and the clustering of Personal Wireless Service Facilities
where feasible.
Section III: Consistency with Federal Law.
These regulations are intended to be consistent with the Telecommunications Act of 1996
1. they do not prohibit or have the effect of prohibiting the provision of Personal
o:\common\wappinger\locallaw\laws\celltow.fin -2-
Wireless Services;
2. they are not intended to be used to unreasonably discriminate among providers
of functionally equivalent services; and
3. they do not regulate Personal Wireless Services on the basis of the environmental
effects of radio frequency emissions to the extent that the regulated Services and
Facilities comply with the FCC's regulations concerning such emissions.
Section IV: Amendments to Zoning Law.
1. Definitions and Word Usage.
Section 220 of the Zoning Law of the Town of Wappinger is hereby amended by adding
the following definitions in correct alphabetical order:
Act The Telecommunications Act of 1996.
Adequate Coverage Coverage is considered to be "adequate" within that area
surrounding a Base Station where the predicted or measured
median field strength of the transmittal signal is greater than or
equal to -95 dbm for at least 75 % of the intended coverage area.
It is acceptable for there to be holes within the area of Adequate
Coverage where the signal is less that -95 dbm, as long as the
signal regains its strength to greater than or equal to -95 dbm
further away from the Base Station. For the limited purpose of
determining whether the use of a Repeater is necessary or
desirable, there shall be deemed not to be Adequate Coverage
within said holes. The outer boundary of the area of Adequate
Coverage, however, is that location past which the signal does not
regain a strength of greater than or equal to -95 dbm.
Adequate Capacity Capacity is considered to be "adequate" if the Grade of Service is
p.02 or better based on the Erlang "B" formula for at least 50%
of the days in a preceding month, prior to the date of Application,
as measured using direct traffic measurement of the Personal
Wireless Service Facility in question, where the call blocking is
due to frequency contention at the Antenna(e).
o:\common\wappinger\locallaw\laws\celltow.fin —3—
Antenna A device which is attached to a Tower, or other Structure, for
i4w transmitting and receiving electromagnetic waves, including, but
not limited to, the transmitting and receiving of electromagnetic
waves in conjunction with radio and television services. For the
purpose of Section 440.32 of the Zoning Law of the Town of
Wappinger, this term shall not include antennae which are
incidental to an accessory use.
Available Space The space on a Tower or Structure to which Antennae of a
Personal Wireless Service Provider are both Structurally Able and
Electromagnetically Able to be attached and which is available for
rental to the applicant at fair market prices and terms, and on
which space and location will provide necessary coverage.
Base Station The primary sending and receiving site in a wireless
telecommunications network. More than one Base Station and/or
more than one variety of Personal Wire Service Provider can be
located on a single Tower or Structure.
Channel The segment of the radiation spectrum from an Antenna which
carries one signal. An Antenna may radiate on many Channels
simultaneously.
Communication A Structure located at a Base Station designed principally to enclose
Equipment Shelter equipment used in connection with Personal Wireless Service
transmissions.
DBM Unit of measure of the power level of an electromagnetic signal
expressed in decibels referenced to 1 milliwatt.
Electromagnetically The determination that the new signal from and to the proposed
Able new Antennae will not significantly interfere with the existing
signals from and to other Facilities located on the same Tower or
Structure as determined by a qualified telecommunications
engineer. The use of available technologies to alleviate such
interferences shall be considered when making this determination.
EMF Electromagnetic Field.
ERP Effective Radiated Power.
Facility Site A property, or any part thereof, which is owned or leased by one
or more Personal Wireless Service Providers and upon which one
or more Personal Wireless Service Facility(ies) and required
o:\common\wappinger\locallaw\laws\celltow.fin -4-
landscaping are located.
FCC Federal Communications Commission: The Government agency
responsible for regulating telecommunications in the United States.
GHZ Gigahertz: One billion hertz.
Grade of Service A measure of the percentage of calls which are able to connect to
the Base Station during the busiest hour of the day. Grade of
Service is expressed as a number, such as p.02, which means that
98 % of callers will connect on their first try. A lower number
(p.01) indicates a better grade of service.
Hertz One hertz is the frequency of an electric or magnetic field which
reverses polarity once each second, or one cycle per second.
Major Modification Any change in maximum power input or output and/or number of
of an Existing channels or, number of Antennae and/or change in operating
Facility frequency approved under an existing Special Permit or Site Plan.
Major Modification Any change, or proposed change, in power input or output, number
of an Existing of Antennae, change in Antenna(e) type or model, repositioning
Tower of Antenna(e), change in number of Channels per Antenna above
the maximum number approved under an existing Special Permit.
Also, any increase or proposed increase in dimensions of an
existing and permitted Tower or other Structure designed to
support Personal Wireless Service Transmission, receiving and/or
relaying Antennae and/or equipment.
MHZ Megahertz: One million hertz.
Monitoring The measurement, by the use of instruments in the field, of the
electromagnetic radiation from a site as a whole, or from
individual Personal Wireless Service Facilities, Towers, Antennae
or Repeaters.
Monitoring Protocol An approved testing protocol as defined in the most current FCC
regulations. As of August 15, 1997, the most current practice is
referenced in FCC Regulations, Title 47, Part 1, Section 1.1307
as IEEE C95.3 1991. The SPGA may, as the technology changes,
require by written regulation the use of other testing protocols. A
copy of the Monitoring Protocol shall be on file with the Town
Clerk.
o:\common\wappinger\locallaw\laws\celltow.fin -5-
Personal Wireless Commercial Mobile Services, unlicensed wireless services, and
%4w Service common carrier wireless exchange access services, which services
are regulated by the Federal Communications Commission (FCC)
in accordance with and as the term "personal wireless service" is
defined in the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C), or as hereafter amended. These services include: cellular
services, personal communications services (PCS), Specialized
Mobile Radio Services, and Paging Services.
Personal Wireless Any equipment "used" in connection with the commercial operation
Service Facility of "personal wireless services facility" as defined in the
P( WSF) Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C), or as hereafter amended, to transmit and/or receive
frequencies, including, but not limited to antennae, "monopoles",
equipment, appurtenances and "structures".
Personal Wireless An entity licensed by the FCC to provide Personal Wireless
Service Provider Services.
Radiation Computer generated estimates of the radiation emanating from
Propagation Studies Antennae or Repeaters sited on a specific Tower or Structure. The
or Radial Plots height above ground and above mean sea level, power input and
output, frequency output, type of Antenna(e), Antenna(e) gain
energy dispersion characteristics, and topography of both the site
and its surrounding are all taken into account to create these
simulations. They are the primary tool for determining whether
a site will provide Adequate Coverage for the Personal Wireless
Telecommunications Service Facility proposed for that site.
Repeater A small receiver/relay transmitter of not more than 20 watts output
designed to extend service to areas which are not able to receive
Adequate Coverage directly from a Base Station, using the same
channels as the Base Station.
Special Permit The Planning Board shall be the SPGA under Section 440.32 of the
Granting Authority Zoning Law.
SS PGA)
Structure A static construction or an assembly of materials, the use or
occupancy of which requires a fixed location on the ground or
attachment to an object having a fixed location.
o:\common\wappinger\locallaw\laws\celltow.fin -6-
Telecommunication An unstaffed facility in connection with the commercial operation
I%W Facility of a "personal wireless services facility" as defined in the
Communications Act of 1934, as amended by the
Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7)
(C). Such facility usually consists of an equipment shelter, a
support structure and/or other transmission and reception devices.
Telecommunications A lattice structure framework, or monopole, that is designed to
Tower/Tower support Personal Wireless Service or other communications
system, transmission, receiving and/or relaying antennae and/or
equipment.
Teleport A facility utilizing satellite dishes of greater than 2.0 meters in
diameter designed for two-way communications with satellites, and
intended for use by multiple owners, lessees or rental customers.
2. General Regulations.
Section 410.5 of the Zoning Law of the Town of Wappinger entitled "Projecting
Features Above Roof Level" is hereby amended to read as follows:
410.5 Exceptions to "Building Height"
410.5.1 Projecting Features Above Roof Level For Accessory Structures
The maximum "building height" limitations of the Zoning Law
shall not apply to church spires and belfries in any case, nor to
flagpoles, domes, silos, chimneys, ventilators, skylights, water
tanks or television antennae, or to similar incidental and accessory
features and such necessary mechanical appurtenances not "used"
for human occupancy provided that
410.5.1.1 The projecting feature shall not extend more than
twenty (20) feet above the roof.
410.5.1.2 The total area covered by such features shall not
o:\common\wappinger\locallaw\laws\celltow.fin -7-
exceed ten (10) percent of the area upon the roof
�W
upon which they are located.
410.5.1.3 Parapets and cornices, "used" for ornamentation,
and without windows, shall not extend more than
five (5) feet above the roof.
410.5.2 Exceptions for Certain Principal "Structures" and "Uses".
The "building height" limitations of this Zoning Law shall not
apply to transmission towers and cable, radio, television or
"personal wireless services facilities" when such principal
"structures" and "uses" are otherwise permitted by Section 440.32
of the Zoning Law.
3. Schedule of Use Regulations.
a. Schedule 420.1 of the Zoning Law of the Town of Wappinger, the Schedule of
Use Regulations for Residential Districts, is hereby amended by adding the
following as an "SPU" designated use to be permitted by special permit in all
residential districts:
37.1 Telecommunications Towers, Antennae and Personal Wireless
Service Facilities.
b. Schedule 420.2 of the Zoning Law of the Town of Wappinger, the Schedule of
Use Regulations for Non -Residential Districts, is hereby amended as follows:
i) Sub -section 56 will be deleted in its entirety from the category entitled
"Accessory Structures" and replaced in the category entitled "Utilities" by
o:\common\wappinger\locallaw\laws\celltow.fin -g-
adding the following as an "SPU" designated use to be permitted by
special permit in all non-residential districts:
56. Telecommunications Towers Antennae and Personal Wireless
Service Facilities.
ii) Sub -sections 57 and 58 of the category entitled "Accessory Structures"
will be amended to read as follows:
57. Accessory radio receiving/transmitting "structures" (§410.5).
58. Accessory "satellite receiving antennae" (§410.11).
4. Supplementary Use Regulations.
Section 440 of the Town of Wappinger Zoning Law entitled "Individual Standards
and Requirements for Certain Special Permit Uses" is hereby amended to add a
new Section 440.32 as follows:
440.32 Regulation of Telecommunications Towers, Antennae and Personal Wireless
Service Facilities.
440.32.1 Locational Standards.
A. Telecommunications Towers, Antennae and Personal Wireless Service Facilities
are permitted in the following locations in order of preference:
1. Locations with existing "personal wireless service facilities" or
"telecommunication facilities" or "antennae" as these terms are defined in
the Zoning Law.
2. Parcels or rights -of -ways used exclusively for existing public utilities with
preference to existing or proposed water towers or other like structures.
o:\common\wappinger\locallaw\laws\celltow.fin -9-
3. Locations or facilities of commercial or non-residential uses.
%4r
4. If the applicant demonstrates in presenting the documentation required in
Section 440.32.3 that none of the locations set forth in Section
440.32.1(A)(1-3) are appropriate, then in that event, the applicant may
request that telecommunications towers, antennae or personal wireless
service facilities be permitted on any appropriate parcel subject to the
conditions and criteria set forth in Section 440.32 of the Zoning Law.
B. Repeaters may be installed within the locations set forth in sub -section
440.32.1(A).
C. No Personal Wireless Service Facility, Tower, or Repeater shall be erected,
constructed, or installed or undergo Major Modification without first obtaining
a Special Permit and Site Plan Approval from the SPGA in accordance with the
requirements set forth herein.
1. One or both of two kinds of Special Permits are required:
a. a Facility/Tower Special Permit (henceforth F/TSP) for new
Facility/Tower construction (or Major Modification of an Existing
Facility);
b. a Repeater Special Permit (henceforth RSP) for Repeater(s) to be
mounted on an existing or newly permitted Tower or other
Structure (or Major Modification of an Existing Structure).
If Applicant is applying for both permits, they shall be submitted and
examined concurrently.
o:\common\wappinger\locallaw\laws\celitow. fin -10-
2. For Personal Wireless Service Facilities or Towers, a F/TSP is required.
Applicant must submit all information required in Section 440.32.3(D).
3. For all Repeaters proposed for installation, an RSP is required. An RSP
may be applied for by an Applicant who is currently applying for a F/TSP
under Section 440.32 of the Zoning Law, or by an Applicant who has
previously received a F/TSP under Section 440.32 of the Zoning Law, or
by an entity which is providing Personal Wireless Services to the Town
of Wappinger from a base station outside the Town. Applicant must
submit all information required in Section 440.32.3(E).
D. There shall be no Teleports within the Town of Wappinger.
440.32.2 Exemptions.
A. No Personal Wireless Service Facility shall be considered exempt from this
section of the Zoning Regulations for any reason, whether or not said Facility is
proposed to share a Tower or other Structure with such exempt uses.
B. The following Wireless Telecommunications Facilities are exempt from Section
440.32 of the Zoning Law: police, fire, ambulance and other emergency
dispatch.
440.32.3 Application Requirements.
A. Review by Independent Consultants. In all cases where the Town determined that
a review by a qualified expert of the Applicant's application is warranted, the
Applicant shall be required to pay for the cost of such review. This payment
shall be made to the Town prior to the review commencing and the decision being
o: \common\wappinger\locallaw\laws\celltow. fin -11-
rendered on the application. The consultants will work under the direction of the
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Town Planner. Copies of the consultants' findings and reports shall be made
available to the Applicant not less than seven (7) days prior to any meeting of the
SPGA to consider the consultant's report, and the Applicant shall be given the
opportunity to respond to said report in writing and at the next hearing when the
consultant's report will be considered. The consultants shall each be qualified
professionals in one of the following fields:
1. electrical engineering;
2. structural engineering;
3. monitoring of electromagnetic fields; and
4. others as determined necessary by the SPGA.
B. Identification of Carrier. The proposed carrier shall be identified as the
Applicant.
C. Adequate Coverage, Adequate Capacity and Justification of Need for F/TSP.
1. Applicant shall provide written documentation of any Facility Site(s) in the
Town of Wappinger, any sites in abutting Towns, and/or any Facility
Site(s) outside the Town of Wappinger that are within five (5) miles of the
proposed Site in which the Applicant has a legal or equitable interest,
whether by ownership, leasehold or otherwise. For each such Facility
Site, Applicant shall demonstrate with written documentation that this
Facility Site is not already providing, or does not have the potential by
adjusting the Site, to provide Adequate Coverage and/or Adequate
o: \common\wappinger\locallaw\laws\celltow.fin -12-
Capacity to the Town of Wappinger. The documentation for each Facility
Site listed shall include:
a. the exact Tower location (in longitude and latitude, to degrees,
minutes and seconds);
b. ground elevation above mean sea level at the Tower location;
C. height of Tower or Structure;
d. type, manufacturer and model number of Antenna(e);
e. Antenna(e) gain;
f. height of Antenna(e) centerline on Tower or Structure;
g. output frequency;
h. number of channels;
L power input; and
j. maximum ERP per channel.
Potential adjustments to these existing Facility Sites, including changes in
Antenna(e) type, orientation, gain, height or power output, shall be
specified. Radial Plots from each of these Facility Sites as they exist and
with adjustments as above shall be provided as part of the Application.
2. Applicant shall demonstrate with written documentation that they have
examined all existing Facility Sites in the Town of Wappinger, any Sites
in abutting Towns, and any Sites outside the Town of Wappinger that are
within five (5) miles of the proposed Site in which Applicant has no legal
or equitable interest, whether by ownership, leasehold or otherwise, to
determine whether those existing Facility Sites can be used to provide
o:\common\wappinger\locallaw\laws\celltow. fin -13-
t
Adequate Coverage and/or Adequate Capacity to the Town of Wappinger.
The documentation for each existing Facility Site examined shall include:
a. the exact Tower location (in longitude and latitude, to degrees,
minutes and seconds);
b. ground elevation above mean sea level at the Tower location;
C. height of Tower or Structure;
d. type, manufacturer and model number of proposed Antenna(e);
e. proposed Antenna(e) gain;
f. height of proposed Antenna(e) centerline on Tower or Structure;
g. proposed output frequency;
h. proposed number of channels;
i. proposed power input; and
j . proposed maximum ERP per channel.
Radial Plots from each of these existing Facility Sites, configured as
documented above, shall be provided as part of the Application. In
addition, the Applicant shall provide a list of all Sites within a one -mile
radius of the proposed location that have been considered as Alternative
Sites.
3. Distance from Existing Tower. The Applicant must certify that existing
Towers within 1000 feet of the proposed new Tower do not meet the
Applicant's structural specifications or technical requirements, or that a
collocation agreement could not be obtained at reasonable terms and
fir.- conditions, including price.
o:\common\wappinger\locallaw\laws\celltow.fin -14-
1%W4. The Applicant shall demonstrate with written documentation that it has
analyzed the feasibility of Repeaters or non -Tower mounted PWSFs in
conjunction with all Towers listed in compliance with sub -sections
440.32.3(C)(1) & (2) above to provide Adequate Coverage and/or
Adequate Capacity to the Town of Wappinger. Radial Plots of all
Repeaters considered for use in conjunction with these Towers shall also
be provided as part of the application.
D. Required Documentation for F/TSP.
1. Copies of all submittals and showings pertaining to: FCC licensing;
Tower registration; Environmental Impact Statements; FAA Notice of
Construction or Alteration; Aeronautical Studies; and, all data,
assumptions and calculations relating to service coverage and power
density levels regardless of whether categorical exemption from Routine ,
Environmental Evaluation under the FCC rules is claimed.
2. The exact legal name, address or principal place of business and the phone
number of the Applicant. If any Applicant is not a natural person,
documentation shall also give the state under which Applicant was created
or organized.
3. The name, title, address and phone number of the person to whom
correspondence or communications in regard to the application are to be
sent. Notice, orders and other papers may be served upon the person so
named, and such service shall be deemed to be service upon the
o:\common\wappinger\locallaw\laws\celltow.fin -15-
Applicant.
4. Name, address, phone number and written consent to apply for this
permit, of the owner, of the property on which the proposed Personal
Wireless Service Facility and/or Tower shall be located, or of the
owner(s) of the Tower or Structure upon which the proposed Personal
Wireless Service Facility shall be located.
5. Required Plans and engineering plans prepared, stamped and signed by a
Professional Engineer licensed to practice in the State of New York'.
Plans shall be on 24" x 36" sheets, on as many sheets as necessary, and
at scales which are no smaller (i.e., no less precise) than listed below in
sub -section 440.32.3(D)(6)(a-g). Each plan sheet shall have a title block
indicating the project title, sheet title, sheet number, date, revision dates,
scale(s), and original seal and signature of the P.E. and other
professionals who prepared the plan.
6. Applicant shall, as part of its application, provide the SPGA with the
following plans and maps:
a. Location Map: Copy of a portion of the most recent U.S.G.S.
Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000, and
showing the area within at least two (2) miles from the proposed
Tower Site. Indicate the Tower location and the exact latitude and
' Note: Survey plans shall also be stamped and signed by a Professional Land Surveyor registered in the State
of New York.
o:\common\wappinger\locallaw\laws\celltow.fin -16-
longitude (degrees, minutes and seconds).
b. Vicinity Map at a scale of 1" = 200' with contour intervals no
greater than 10 feet showing the entire vicinity within a 1,000'
radius of the property lines within which the Tower Site is located,
including topography, public and private roads, buildings, bodies
of water, wetlands, historic sites and habitats for endangered
species. Indicate any access easement(s) or right(s) of way needed
for access from a public way to the Tower, and the names of all
abutters or property owners along the access easement(s) or who
have deeded rights to the easement(s).
C. Existing Conditions Plan: A recent survey of the Tower Site at a
scale no smaller than 1" = 40' with topography drawn with a
minimum of 5' contour intervals, showing existing utilities,
property lines, existing buildings or Structures, stone walls or
fence lines, and wooded areas within a 200' radius from the base
of the proposed Tower. Show the boundary of any wetlands,
floodplains or watercourses within 200' from the Tower or any
related Facilities, access ways or appurtenances. The survey plan
must have been completed on the ground by a licensed land
surveyor within two (2) years prior to the application date.
d. Proposed Site Plans: Proposed Site layout, grading and utilities at
the same scale or larger than the existing Conditions Plan.
o:\common\wappinger\locallaw\laws\celltow.fin -17-
kd
i) Proposed Tower location and any appurtenances, including
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supports and guy wires if any, and any accessory building
(Communication Equipment Shelter or other). Indicate
property boundaries and setback distances to the base(s) of
the Tower and to the nearest corners of each of the
appurtenant Structures.
ii) Indicate proposed spot elevations at the base of the
proposed Tower and at the base of any guy wires and the
corners of all appurtenant Structures.
iii) Proposed utilities, including distance from source of power,
sizes of service available and required, locations of any
proposed utility or communication lines, and whether such
lines are underground or above ground.
iv) Limits of areas where vegetation is to be cleared or altered
and justification for any such clearing or alterations.
V) Any direct or indirect wetlands alteration proposed.
vi) Detailed plans for drainage of surface and/or sub -surface
water, plans to control erosion and sedimentation both
during construction and as a permanent measure.
vii) Plans indicating locations and specifics of proposed
screening, landscaping, ground cover, fencing, and any
exterior lighting or signs.
o: \common\wappinger\locallaw\laws\celltow.fin -18-
viii) Plans of proposed access driveway or roadway and parking
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area at the Tower Site. Include grading, drainage, traveled
width, and a cross section of the access drive indicating the
width, depth of gravel, paving or surface materials.
e. Proposed Tower and Appurtenances
i) Plans, elevations and sections details at appropriate scales,
but no smaller than 1 " = 10'.
ii) Two (2) cross sections through the proposed Tower drawn
at right angles to each other, showing the ground profile to
at least 100 feet beyond the limit of clearing and any guy
wires or supports. Show the dimension of the proposed
height of the Tower above average grade at the Tower
base. Show all proposed Antennae, including their location
on the Tower.
iii) Typical detail of Tower foundation, including cross
sections and details. Show all ground attachments and
specifications for anchor bolts and other anchoring
hardware.
iv) Detail proposed exterior construction or finish of the Tower
in accordance with Section 440.32.4(J).
V) Indicate the relative height of the Tower to the tops of
surrounding trees as they presently exist.
o:\common\wappinger\locallaw\laws\celltow.fin -19-
vi) Illustration of the modular structure of the proposed Tower,
indicating the heights of sections which could be removed
or added in the future to adapt to changing communications
conditions or demands, and the maximum structurally
allowable height of the proposed Tower.
vii) A structural Professional Engineer's written description of
the proposed Tower and Structure and its capacity to
support additional Antennae or other Communications
Facilities at different heights and the ability of the Tower
to be shortened if future Communications Facilities no
longer require the original height, and that the Tower is
,, designed to withstand winds in accordance with the
ANSI/EIA/TIA 222 standards (latest revision).
viii) A description of available space on the Tower, providing
illustrations and examples of the type and number of
Personal Wireless Service Facilities which could be
mounted on the Structure.
f. Proposed Communications Equipment Shelter.
i) Floor plans, elevations and cross sections at a scale of no
smaller than 1/4" = 1' of any proposed appurtenant
Structure.
ii) Representative elevation views indicating the roof, facades,
o:\common\wappinger\locallaw\laws\cell[ow.fin -20-
doors and other exterior appearance and materials.
g. Proposed Equipment Plan.
i) Plans, elevations, sections and details at appropriate scales
but no smaller than 1 " = 10'.
ii) Number of Antennae and Repeaters (if any), as well as the
exact locations of all Repeaters (if any) located on a map
as well as by degrees, minutes and seconds of latitude and
longitude.
iii) Mounting locations on Tower or Structure, including height
above ground.
iv) Antenna(e) types, manufacturer(s) and model number(s).
1#4r v) For each Antenna, the Antenna gain and the Antenna
radiation pattern.
vi) Number of channels per Antenna, projected and maximum.
vii) Power input to the Antenna(e).
viii) ERP in normal use and at maximum output for each
Antenna and all Antennae as an aggregate.
ix) Output frequency(ies) of the Transmitter(s).
h. Visual Impact Analysis.
i) A minimum of eight (8) view lines in a zero (0) to two (2)
mile radius from the Site, shown beginning at True North
and continuing clockwise at forty-five degree intervals.
o:\common\wappinger\locallaw\laws\celltow.fin -21-
ii) A plan map of a circle two (2) miles in radius of the
Facility Site on which any visibility of the proposed Tower
from a public way shall be indicated.
iii) Applicant shall utilize the U.S.G.S. Quadrangle Map, at a
scale of 1:25,000, and submit profile drawings on a
horizontal scale of 1" = 400', with a vertical scale of 1"
= 40'. Trees shall be shown at existing heights and at
projected heights in ten (10) years.
i. Balloon Test.
Within thirty-five (35) days of submitting an application, Applicant
shall arrange to fly or raise upon a temporary mast, a three foot
diameter brightly colored balloon at the maximum height of the
proposed Tower. The dates (including a second date in case of
poor visibility on the initial date), times and location of this
Balloon Test shall be advertised by the Applicant at 7 and 14 days
in advance of the first test date in a newspaper with a general
circulation in the Town of Wappinger. The Applicant shall inform
the SPGA in writing of the dates and times of the test at least 14
days in advance. The balloon shall be flown for at least four (4)
consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of
the dates chosen.
o:\common\wappinger\locallaw\laws\celltow.fin -22-
E. Application Requirements for RSP. The use of Repeaters to assure Adequate
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Coverage or to fill holes within areas of otherwise Adequate Coverage while
minimizing the number of required Towers is permitted and encouraged. An
Applicant who is currently applying for an RSP under Section 440.32 of the
Zoning Law or who has received and is in compliance with a current F/TSP
under Section 440.32 of the Zoning Law or an entity which is providing Personal
Wireless Services to the Town of Wappinger from a base station outside the
Town may apply for an RSP. Applicants shall provide the following information:
1. a. The exact location in longitude and latitude, to degrees, minutes
and seconds, as well as by street address or Pole number (if
applicable);
b. ground elevation;
C. type, manufacturer and model number of proposed Repeater;
d. height of proposed Repeater above ground;
e. proposed output frequency;
f. proposed number of channels;
g. proposed power input; and
h. proposed maximum power output per channel.
Radial Plots from any proposed Repeater(s) configured as documented
above shall be provided as part of the Application.
2. Name, address, phone number and written consent to apply for this permit
of the owner of the property on which the proposed Repeater shall be
o:\common\wappinger\locallaw\laws\celltow.fin -23-
located and of the owner(s) of the Tower or Structure on which the
proposed Repeater shall be located.
3. Proposed Repeater Site layout, grading and utilities at a scale no smaller
than 1" = 40' (1:480 or metric equivalent 1:500) showing the entire
vicinity within a 300' radius of the Repeater site with topography drawn
with a minimum of 2' (0.6 meter) contour interval.
a. Proposed Repeater location and any appurtenances, if any, and any
accessory building (Communication Equipment Shelter or other).
Indicate property boundaries of abutters within 300' of the
Repeater and dimensions of all proposed improvements.
b. Limits of areas where vegetation is to be cleared or altered, and
justification for any such clearing or alteration.
C. Plans of any proposed access driveway or roadway and parking
area at the Repeater Site. Include grading, drainage, traveled
width, and a cross section of the access drive indicating the width,
depth of gravel, paving or surface materials.
440.32.4 General Requirements for F/TSP(s).
A. The Applicant shall provide a written, irrevocable commitment valid for the
duration of the existence of the Tower, to the extent structurally and
electromagnetically able, to rent or lease available space for co -location on the
Tower at fair -market prices and terms, without discrimination to other Personal
Wireless Service Providers.
o: \common\wappinger\locallaw\laws\celltow. fin -24-
B. A Special Permit shall not be granted for a Tower to be built on speculation. If
Applicant is not simultaneously installing a Personal Wireless Service Facility on
the Tower, it shall provide a copy of its existing lease/contract with a Personal
Wireless Service Provider. Said Provider shall provide all necessary data to
comply with the terms of Section 440.32 of the Zoning Law as a part of
Applicant's application for an F/TSP, or the Special Permit shall not be granted.
C. Non -tower mounted PWSFs (Structure or Rooftop Mounted Personal Wireless
Service Facilities)
Structure or rooftop mounted Personal Wireless Service Facilities shall meet the
following requirements:
1. They shall not be attached to a one -family to four -family dwelling nor to
an accessory building located on a lot containing a one -family to four -
family dwelling;
2. They shall be of a color or material that matches the exterior of the
building or structure;
3. If roof mounted, they shall not exceed a height of fifteen (15) feet above
the highest part of the structure or building; and
4. If facade mounted:
a. They shall not project more than two (2) feet beyond the wall or
facade of the building; and
b. They shall not project more than five (5) feet above the cornice
line.
o:\common\wappinger\locallaw\laws\celltow.fin -25-
D. Siting Objectives:
1. Towers and Personal Wireless Service Facilities shall be located so as to
minimize the following potential impacts:
a. Visual/Aesthetic: Towers shall, when possible, be sited where
their visual impact is least detrimental to highly rated scenic and
historic areas, including ridge lines, properties listed in the State
or Federal Register of Historic Places, and scenic roadways.
b. Diminution of residential property values: To the extent possible,
siting shall be in as low population density areas as possible.
C. Safety: In cases of structural failure and attractive nuisance,
Towers shall, when possible, not be sited in Flood Plain Zones or
Special Flood Hazard Areas.
d. Safety from excessive electromagnetic radiation : In case the
Tower or Personal Wireless Service Facility is found to exceed the
FCC guidelines.
e. Environmental Degradation: Towers shall, when possible, be sited
to avoid affecting rare or endangered flora and fauna. They
should also be sited, when possible, away from wetland areas.
f. If the Facility or Tower Site is in a wooded area, a vegetated
buffer strip of undisturbed trees of at least 100' in depth (or less
if determined by the SPGA to be sufficient) shall be retained as
close to the Tower as possible, but in all cases there shall be no
o:\common\wappinger\locallaw\laws\celltow.fin -26-
clearing at a distance in excess of 25 feet in radius from the base
of the Tower, except where the access drive is located.
2. The following locations are ranked in order of preference:
a. Placement in existing structures such as buildings, smokestacks,
water towers, silos and ground signs shall be encouraged.
b. Shared use of existing Towers shall be encouraged.
C. Clustering of Towers: Applications for Towers adjacent to
existing Towers shall be encouraged.
d. The use of land distant from higher density residential properties
and where visual impact can be minimized shall be encouraged.
e. The use of lands in areas of high density residential properties is
the least preferable selection.
3. No Tower or Personal Wireless Service Facility, with the exception of
Repeaters, shall be located:
a. Closer than 1500' on a horizontal plane to any structure existing
at the time of application which is, or is able to be, occupied or
habitable, on the property of any school (both public and private).
b. Closer than 750' on a horizontal plane to an existing Dwelling
Unit, or day-care center, hospital, nursing home, church,
synagogue or other place of worship.
E. Fencing: The area around the Tower and Communication Equipment Shelter(s)
shall be completely fenced and gated for security within an area no greater than
o:\common\wappinger\locallaw\laws\celltow.fin -27-
25 feet in radius from the base of the Tower and to a height of six (6) feet. Use
of razor wire is not permitted.
F. Stens: There shall be no signs, except the following: A sign of no greater than
two (2) square feet indicating the name of the Personal Wireless Service Facility's
owner(s), a graphic design indicating that radio waves are being emitted from the
area as described in FCC OET Bulletin #t65 "Evaluating Compliance with FCC -
Specified Guidelines for Human Exposure to Radio Frequency Radiation", (or
other most current FCC Bulletin), and a 24 hour emergency telephone number
shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other
warning signs may be posted on the fence.
G. Communication Equipment Shelters and Accessory Buildings shall be designed
to be architecturally similar and compatible with each other, and shall be no more
than 12 feet high. The buildings shall be used only for the housing of equipment
related to this particular site. Whenever possible, the buildings should be joined
or clustered so as to appear as one building.
H. New Towers shall not exceed the minimum height necessary to provide Adequate
Coverage for the Personal Wireless Service Facilities proposed for use on the
Tower. Applicant may submit a request for additional height to accommodate
future sharing, and shall provide design information to justify such additional
height.
I. Unless otherwise modified by the SPGA after consideration of the location
preferences set forth in Section 440.32.1(A) and other criteria set forth in Section
o:\common\wappinger\locallaw\laws\cell[ow.fin -28-
440.32 of the Zoning Law, Towers shall be located at least one and one half
%►
times their maximum structural height within the outer boundary of the Site on
which the Tower is located.
J. Tower Finish: Visual mitigation will be provided based on appropriate
modelling, photography and other pertinent analytical techniques as required by
the SPGA, including, but not limited to, architectural treatment, alternative
construction, and structural and transmission technology such as antennae attached
or disguised as trees or other features.
K. To the extent feasible, all network interconnections to and from the
telecommunications Site and all power to the Site shall be installed underground.
At the initial construction of the access road to the site, sufficient conduit shall
be laid to accommodate the maximum possible number of Personal Wireless
Service Providers licensed to provide services to the Town of Wappinger and
surrounding areas.
L. If primary coverage (greater than 50%) from proposed Personal Wireless Service
Facility is outside the Town of Wappinger, then the permit may be denied unless
the Applicant demonstrates to the satisfaction of the SPGA that the Applicant is
unable to locate within the Town which is primarily receiving service from the
proposed Facility.
M. Unless required by the Federal Aviation Administration, no night lighting of
Towers or the Personal Wireless Service Facility is permitted, except for
manually operated emergency lights for use only when operating personnel are
o:\common\wappinger\locallaw\laws\celltow.fin -29-
on Site.
N. No Tower or Personal Wireless Service Facility that would be classified as an
obstruction or hazard to air navigation, as defined by the Federal Aviation
regulations (Title 14 CFR) is permitted.
O. Commercial advertising shall not be allowed on any Antenna, Tower, Accessory
Building or Communication Equipment Shelter.
P. The SPGA shall request input from the Chiefs (or their designees) of Fire, Police
and other Emergency services regarding the adequacy for emergency access of
the planned drive or roadway to the site.
440.32.5 General Requirements for RSP(s)
A. No Repeater shall be located closer than 50' to an existing Dwelling Unit, nor
less than 25' above ground.
B. The SPGA may require the use of screening, painting or camouflage to reduce
the visual impacts of the Repeaters.
C. Repeaters shall be located so as to have the least possible impact on the views of
the residents of the Town of Wappinger.
440.32.6 Approval Criteria.
A. In acting on the Special Permit Application, the SPGA shall proceed in
accordance with the procedures and time lines established for Special Permits.
B. In addition to the findings required by Section 430.5 of the Town of Wappinger
Zoning Law, the SPGA shall, in consultation with the Special Consultant(s),
make all of the applicable findings before granting the Special Permit, as follows:
o:\common\wappinger\locallaw\laws\celltow.fin —30—
1. That Applicant is proposing to locate its Personal Wireless Service Facility
or Tower within a permitted location; and
2. That the Applicant is not already providing Adequate Coverage to the
subject area; and
3. That the Applicant is not able to use Existing Towers/Facility Sites to
provide Adequate Coverage; and
4. That the Applicant has agreed to rent or lease available space on the
Tower under the terms of a fair -market lease, without discrimination to
other Personal Wireless Service Providers; and
5. That the proposed Tower will not have an undue adverse impact on
historic resources, scenic views, residential property values and/or natural
or man-made resources; and
6. That the Applicant has agreed to implement all reasonable measures to
mitigate the potential adverse impacts of the Facilities; and
7. That the proposal shall comply with the most current FCC regulations
regarding emissions of electromagnetic radiation as currently found in
FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant
sections.
C. Any decision by the SPGA to deny an Application for a Special Permit under
Section 440.32 of the Zoning Law shall be in conformance with SEC.332 [47
U. S.C. 332](7)(B)(ii),(iii) of the Act in that it shall be in writing and supported
by substantial evidence contained in a written record
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440.32.7 Monitoring and Evaluation of Compliance.
A. Compliance Certification: Prior to the activation of a new or modified PWSF,
the owner(s) of the facility will certify to the SPGA, the Town Engineer and the
Building Inspector that the PWSF is in compliance with the most current FCC
regulations regarding emissions of electromagnetic radiation as currently found
in FCC regulations, Title 47, Part 1, Section 1.1307 and all other relevant
sections. Certification shall include site specific calculations showing expected
worst case power density levels at the closest publicly accessible point to the
PWSF, using the methodology described in FCC OET Bulletin #65 "Evaluating
Compliance with FCC -Specified Guidelines for Human Exposure to Radio
Frequency Radiation", (or other most current FCC Bulletin).
At least once every twelve (12) months, starting from the date of activation, a
follow up report of the certifying compliance (as described above) shall be
submitted to the SPGA, the Building Inspector and the Town Engineer.
B. Excessive Emissions:
1. It shall be a condition of any Special Permit granted under Section 440.32
of the Zoning Law that, if the Town deems it necessary to determine the
Tower and Facility's or Repeater's radio frequency emissions and their
compliance with FCC regulations, the owner(s) of the Facility or Repeater
site shall pay for an independent consultant hired by the Town to monitor
the levels of EMF radiation around the proposed Facility and/or Repeater
site. The independent consultant shall use the Monitoring Protocol. A
o: \common\wappinger\locallaw\laws\celltow. fin —32—
report of the Monitoring Results shall be prepared by the independent
consultant and submitted to the SPGA, the Town Engineer, the Building
Inspector and the Town Clerk.
2. Should this independent monitoring of a Facility or Repeater Site by a
licensed independent consultant reveal that the Site exceeds the most
recent FCC regulations regarding emissions of electromagnetic radiation,
currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and
all other applicable relevant sections, then the owner(s) of all Facilities
utilizing that Site shall be so notified. The owner(s) shall submit to the
SPGA and the Building Inspector a plan for the reduction of emissions to
a level that complies with the FCC standard within ten (10) business days
of notification of non-compliance. That plan shall reduce emissions to the
applicable FCC standard within 15 days of initial notification of non-
compliance. Failure to accomplish this reduction of emission within 15
business days of initial notification of non-compliance shall be a violation
of the Special Permit and subject to penalties and fines as determined by
the SPGA. Such fines shall be payable by the owner(s) of the Personal
Wireless Service Facilities with Antennae on the Facility Site until
compliance is achieved.
C. Structural Inspection: It shall be a condition of the Special Permit that Tower
owner(s) shall pay for an Independent Consultant (a licensed professional
structural engineer) hired by the Town to conduct inspections of the Tower's
o:\common\wappinger\locallaw\laws\celltow.fin —33—
structural integrity and safety. Towers shall be inspected every five years. A
`err
report of the inspection shall be prepared by the Independent Consultant and
submitted to the SPGR, the Town Engineer, the Building Inspector, and the Town
Clerk. Any Major Modification of Existing Facility which includes changes to
Tower dimensions or Antenna numbers or type shall require new structural
inspection.
D. Unsafe Structure:
1. Should the inspection of any Tower reveal any structural defect(s) which,
in the opinion of the Independent Consultant render(s) that Tower unsafe,
the following actions must be taken:
a. Within ten (10) business days of notification of unsafe structure,
the owner(s) of the Tower shall submit a plan to remediate the
structural defect(s).
b. This plan shall be initiated within ten (10) days of the submission
of the remediation plan and completed as soon as reasonably
possible.
2. Failure to accomplish this remediation of structural defect(s) within ten
(10) business days of initial notification shall be a violation of the Special
Permit and subject to fines and penalties as determined by the SPGA.
Such fines shall be payable by the owner(s) of the Tower until compliance
is achieved.
o:\common\wappinger\locallaw\laws\celltow.fin -34-
440.32.8 Removal Requirements.
A. Any Personal Wireless Service Facility or Repeater which ceases to operate for
a period of one (1) year shall be removed. "Cease to operate" is defined as not
performing the normal functions associated with the Personal Wireless Service
Facility or Repeater and its equipment on a continuous and ongoing basis for a
period of one (1) year. At the time of removal, the Facility or Repeater Site shall
be remediated such that all Personal Wireless Service Facility or Repeater
improvements which have ceased to operate are removed. If all Facilities on a
Tower have ceased to operate, the Tower shall also be removed, and the Facility
or Repeater Site, including any access road(s) which lead to that Facility or
Repeater Site from the main access road, shall be revegetated. If all Facility or
Repeater Sites have ceased to operate, the owner(s) of the last Personal Wireless
Service Facility or Repeater to leave the Site shall revegetate the access road(s)
in its/their entirety. Existing trees shall only be removed with the written
permission of the SPGA, and only if the SPGA determines such removal of trees
to be necessary to complete the required removal of Personal Wireless Service
Facility(ies) or Repeater(s).
440.32.9 Fees and Insurance.
A. Towers, Personal Wireless Service Facilities and Repeaters shall be insured by
the owner(s) against damage to persons or property. The owner(s) shall provide
a Certificate of Insurance to the SPGA on an annual basis. For Towers, Facilities
and Repeaters located on property owned by the Town of Wappinger, the Town
o:\common\wappinger\locallaw\laws\celltow.fin —35—
of WaPP mger shall be an additional named insured.
,%W
B. A schedule of fees for Personal Wireless Service Facilities, Towers and Repeaters
permits, renewals, any Monitoring of emissions and inspection of Structures and
any other fees shall be established by the SPGA. This schedule may be amended
from time to time.
440.32.10 Permit Expiration and Renewal.
Any Special Permit granted under this action shall lapse if the Applicant fails to
begin construction on the Facility, Tower and/or Repeater within a one (1) year
period of said grant.
Section V: 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 ordinance would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word 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 VI: Supersession.
Pursuant to Municipal Home Rule Law Section 22, the provisions of this law are intended
to supersede any inconsistent provision of State or Local Law, and the provisions of the Town
o:\common\wappinger\locallaw\laws\celltow.fin -36-
of Wappinger Zoning Law or any other Local Law which are inconsistent therewith.
Section VII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing as provided by
the Municipal Home Rule Law.
o: \common\wappinger\locallaw\laws\celltow. fin —37—
APR -27 98 10:24 FROM:FP CLARK ASSOCIATES 9149676615 TO:92982842
PAGE: 03
SEQR Negative Declaration Page 2
Reasons Supporting This Determination:
(See 617.7(a), (b) and (c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)
See attachment.
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures Imposed. N.A.
Lead Agency: Town of Wappinger Town Board
Town Hall
20 Middlebush Road
Post Office Box 324
Wappingers Falls, New York 12590
For Further Information:
Contact Person: Constance O. Smith, Supervisor
Telephone Number: (914) 297-2774
For Type I Actions and Conditioned Negative Declarations, a copy of this notice has been filed with:
Supervisor Constance Smith and the Town Board of the Town of Wappinger, the Lead Agency
Other Involved Agencies (if any) N.A.
Applicant N.A.
For Unlisted Actions, a copy of this notice has been filed with: N.A.
For Type I Actions and Conditioned Negative Declarations, notice of this determination has been provided to the
following organization for publication In the ENS:
Business Environment Publications, Inc., 6 Sevilla Dr., Clifton Park, NY 12085-5013, Fax: (518) 371-7419
APR -27 98 10:24 FROM:FP CLARK ASSOCIATES 9149676615
Project Number: S
TO:92982842 PAGE:02
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non -Significance
SEAR
Date: Agrit 27, 1898
This notice Is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.
The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below
will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action: Amendments to Zoning Law Adopting Regulations for Telecommunications Towers, Antennae,
and Personal Wireless Service Facilities
SEOR Status: Type I _x
Unlisted
Conditioned Negative Declaration: Yes
X No
Description of Action:
Amendments to Zoning Law Adopting Regulations for Telecommunications Towers,
Antennae, and Personal Wireless Service Facilities.
Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also
recommended).
All residential and non-residential zoning districts In the Town of Wappinger, Dutchess County, New York.
APR -27 98 10:24 FROM:FP CLARK ASSOCIATES 9149676615 TO:92982842 PAGE:04
%1W ATTACHMENT TD NEGATIVE DECLARATION
REASONS SUPPORTING DETERMINATION
Based upon a review of the Full Environmental Assessment Form (Pails 1, 2 and Addendum) and all other
materials that were prepared for this action, the Wappinger Town Board, as Lead Agency, has made a
determination of significance as follows:
• The Proposed Action will be more protective of the environment by establishing appropriate
procedures and standards for the review of Wireless Telecommunication Services Facilities where
none currently exist.
• All Wireless Telecommunication Services Facilities will be subject to a review of the environmental
impacts of that specific facility in accordance with SEOR as part of the required application for special
permit and site plan review in accordance with the standards and procedures adopted as pan of the
Proposed Action.
• The Proposed Action will not have a signiflcant adverse environmental impact as a result of any
physical change to the project site..
• The Proposed Action will not have a significant adverse environmental impact on any unique or
unusual lend forms.
• The Proposed Action will not have a significant adverse environmental impact on any water body
designated as protected.
• The Proposed Action will not have a significant adverse environmental impact on any non -protected
existing or new body of water.
• The Proposed Action will not have a significant adverse environmental impact on surface or
groundwater quality or quantity.
• The Proposed Action will not have a significant adverse environmental impact as a result of altered
drainage flow or patterns, or surface water runoff.
• The Proposed Action will not have a significant adverse environmental impact on air quality.
• The Proposed Action will not have a significant adverse environmental impact on any threatened or
endangered species.
• The Proposed Action will not have a significant adverse environmental impact on any non -threatened
or endangered species.
• The Proposed Action will not have a significant adverse environmental impact on agricultural land
resources.
• The Proposed Action will not have a significant adverse environmental impact on aesthetic resources.
• The Proposed Action will not have a significant adverse environmental impact on any site or structure
of historic, prehistoric or paleontological importance.
• The Proposed Action will not have a significant adverse environmental impact on the quantity or
quality of existing or future open spaces or recreational opportunities.
3
APR -27 98 10:24 FROM:FP CLARK ASSOCIATES 9149676615 TO:92982842
PAGE: 05
s
• The Proposed Action will not have a significant adverse environmental impact on the exceptional or
unique characteristics of a critical environmental area (CEA) established pursuant to 8 NYCRR Part
817.14(8)..
• The Proposed Action will not have a significant adverse environmental Impact on existing
transportation systems.
• The Proposed Action will not have a significant adverse environmental Impact on the community's
sources of fuel or energy supply.
• The Proposed Action will not have a significant adverse environmental Impact as a result of
objectionable odors, noise or vibration.
• The Proposed Action will not have a significant adverse environmental impact on the public health
and safety.
• The Proposed Action will not have a significant adverse environmental impact on the character of the
existing community.
• There are no potential adverse environmental impocts related to the proposed project and there is not
and there is unlikely to be public controversy related to the proposed project.
d=200Mwapd-061.dkw
4/27199
042798.RGM
"no return trips". It appears that the entire Smithtown Road area, Old Route
9 area, near N&S, Cooper Road, never received their letters, although they
were sent out. He wishes to contact those people somehow and notify them
that Highway will do a one time special pick-up on Friday morning, just for
metal., tires and batteries. Supervisor Smith informed the board, that there
was a substitute person at the Post Office that day, because there are a lot of
letters missing. Mr. Foster also received complaints from residents on All
Angels Hill Road who were scheduled for pick up today, and received their
letters today, but were postmarked the 23rd. This is too wide spread.
Supervisor Smith said she would call a few contact people today, and spread
the word in order to notify the residents.
COUNCILMAN BETTINA, received some complaints from residents near
Peters Road. Someone is doing body work out of their home. He wishes Mr.
Close to personally go to the house, and if they are in violation, site them.
COUNCILMAN BETTINA received a call from Bill Hamens, claiming his
property is being destroyed. Its near a town right of way. He would like Mr.
Foster, Mr. Close and the Town Engineer to look at the maps to see if it is
town property, also look at the property. If its not town property, then it is a
civil matter and the residents can take care of the matter themselves.
COUNCILMAN VALDATI made a motion that the Town of Wappinger hire
RFP to record the Town Board meetings and advertise for proposals for
videotaping the Town Board meetings.
Seconded by Mr. Bettina
Motion Unanimously Carried
COUNCILMAN VALDATI moved to have the Town of Wappinger brought up
to a web site.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN PAOLONI regarding litter on All Angels Hill Road. What is
the procedure and who is responsible for cleaning it up. He was told it was a
county road, and Supervisor Smith suggested the Councilmen for those
wards contact the County DPW in regard to cleaning it up.
COUNCILMAN PAOLONI moved to authorize publication of Town Maps, to
be paid for by advertising.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILMAN PAOLONI moved to authorize Graham Foster investigate
the possibility of erecting "Welcoming" signs on state and county roads,
leading into town roads.
Seconded by Mr. Ruggiero
19
} 042798.RGM
Motion Unanimously Carried
COUNCILMAN PAOLONI moved to authorize Engineer to the Town, Jay
Paggi investigate development of property behind the town hall for recreation
purposes.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Barbara Gutzler was recognized from the audience, and informed Mr. Paoloni
that several years ago she had put together several proposals for Recreation
which is still in existence. If you go back to the Recreation records, you will
find them.
There was no other Business to come before the Board.
COUNCILMAN BETTINA moved to close the Town Board Meeting, seconded
by Mr. Valdati and Unanimously Carried.
The Town Board Meeting closed at 9:50 p.m.
Elaine H. Snowden
Town Clerk
20
042798.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
April 27, 1998, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York, on a proposed Local Law Assessing a Ten (10%) Percent Late
Penalty on Sewer and Water Charges.
Supervisor Smith opened the meeting at 7:00 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman (arrived 7:10 p.m.)
Joseph Ruggiero, Councilman (arrived 7:10 p.m.)
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
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 of the Minutes of this Hearing).
Supervisor Smith explained the purpose of the Public Hearing tonight is to
authorize the imposition of a policy imposing a Ten (10%) Percent late
penalty for all payments of sewer and water charges that are delinquent by
thirty (30) days or more, and at the same time provide a five (5) day grace
period before such penalties are imposed.
At this time Supervisor Smith asked if there were any questions or comments
from the audience. There were none.
COUNCILMAN VALDATI moved to close the Public Hearing, seconded by
Mr. Paoloni and Unanimously Carried.
The Meeting closed at 7:05 p.m.
Elaine H. Snowden
Town Clerk
042798.PH
A Public Hearing was held by the Town Board of the Town of Wappinger on
April 27, 1998, at the Town Hall, 20 Middlebush Road, Wappingers Falls,
New York, on a proposed Local Law entitled "Amendments to the Zoning Law
Adopting Regulations for Telecommunications Towers, Antennae, and
Personal Wireless Service Facilities".
Supervisor Smith opened the meeting at 7:15 p.m.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
Vincent Bettina, Councilman
Joseph Ruggiero, Councilman
Joseph Paoloni, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Al Roberts, Attorney to the Town
Jay Paggi, Engineer to the town
Graham Foster, Highway Superintendent
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 Minuets of this Hearing).
Supervisor Smith asked if there were anyone in the audience who had any
comments or questions in regard to the proposed Local Law. As you are
aware "Cell Towers" is a big issue now throughout New York State. Most of
the municipalities are trying establish some regulations in the placement of
"Cell Towers".
At this time several consultants from the firm of Black and Curtis addressed
the audience. It was explained that although the towers must be placed,
there must be some regulations. This Local Law will be based on some
complicated technology and determination of need. Site coverage will be
provided at the locations in order of preference. We are hoping that when the
Towers are built, we will share. The second most preferred location would be
an existing Public utility, such as a water tower. Obviously we are trying to
stay away from residential areas. A lot of safeguards have been built into the
legislation to protect those residential areas. Only as a last resort would they
locate in a residential area. They have gone out of there way to protect any
concerns the community may have and still operate within the guidelines of
the federal legislation.
Barbara Gutzler of 5 Russet Lane, was recognized from the audience and
asked if there was any way to ban the towers from residential areas
completely, or would that be a violation of Federal standards? While the
possibility exists it is highly unlikely.
1
042798.PH
There were no more comments or questions.
COUNCILMAN BETTINA moved to close the Public Hearing, seconded by
Mr. Ruggiero and Unanimously Carried.
The Meeting closed at 7:25 p.m.
Elaine H. Snowden
Town Clerk
2