1995-05-22 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
MAY 22, 1995
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. Accept minutes Reg. April 24, 1995 Special May 8, 1995
4. REPORTS OF OFFICERS: Sup/Compt Town Justices Receiver of Taxes
Bldg. Insp. Zng. Adm. Dog Control Officer
5. PETITIONS & COMMUNICATIONS
a. Residents of Edgehill Drive Corr: re: Entrance to Edgehill Manor
b. J. Paggiy Eng. to Town, re: Aquifer Analysis Atlas Wellfield
c. Requests from Dept. Heads for Refunds for overpayments: (1)
Guardian Self Storage, $9.00 (Sign Permits) (2) J & L Bucciero,
$20.00 (duplicate Bldg. Permit)
d. Requests for return of Escrow Funds from: (1) O'Donnell Dev. .
Corp., Lot 9, Spring Terr $500.; Lot #1 Lands of Jordan $1,000;
Spring Terr., Lot #9, $3,000; Spring Terr, Lot #21, $3,000;
Spring Terr Lot # 6, $2,000; Spring Terr. Lot # 13, $2,000;
Spring Terr. Lot 414, $2,500; Spring Terr. Lot #7, $3,000 (2)
P & R Gen Contractors, Lot #7 Sherwood Hghts, $250. (3) Cady
Lane Homes, lot 425 Wynham Crossing, $3,500; Lot #24 Wyndham
Crossing, $1,000.
e. Requests for P.O's: (1) R. Holt, Rec. Chair., for Red Cross,
$2,100; Passon sports, $2,000; Wapp. Central School, $5,000;
Sherwin-Williams, $1,145; S & S Arts & Crafts, $2,800
(2) E, Snowden, T. Clerk, for P.O. for Voting Machine, $2,000.
f. Thos. Logan, Assessor, requesting consideration for reappointment
as Assessor - term starting Oct. lst,195 (6 year term)
g. A. Roberts, Attny to Twn, corr. to Pk Journal on T/W Littering Law
6. COMMITTEE REPORTS
7. BONDS & LETTERS OF CREDIT
H. Levenson Report
8. .,RESOLUTIONS
a. Resignation of Gordon Hirt as County Legislator - Town to fill
vacancy
b. Accept Deed for Road frontage, offered by Chas. A Coghl.an
(requested by Planning Board)
c. Accept deed for relocating a drainage easement, offered by
John & Margaret--Hul-sey
d. Consider Bids for Water connection to Highway Garage, and
Authorize Engineer to Town to explore feasibility for 'Try Fire
Hydrant" behind Emergency Services Bldg, and acquisition of
appropriate easement
e. Consider Rezoning of Tomasic Parcel
f. Acceptance of Batting Cages at Robinson Lane
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9. UNFINISHED BUSINESS
10. NEW BUSINESS
Supervisor call Executive Session Re: Personnel
11. ADJOURNMENT
REMINDER:` Public Hearing on Tomasic Rezoning at 7.15 P.M.
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on May 22, 1995 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
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Herb Levenson, Zoning Administrator
The Supervisor asked all to join in the Pledge of Allegiance to
the Flag at the commencement of the Meeting.
MINUTES
The Minutes of the Regular Meeting of April 24, 1995 and Special
Meeting of May 8, 1995 having previously been forwarded to the
Board Members, were placed before them for their consideration.
COUNCILWOMAN VISCONTI moved that the above stated Minutes as
submitted by the Town Clerk be and they are hereby approved.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
REPORTS OF OFFICERS
Reports for the month of April were received from the
Supervisor/Comptroller, Town Justices, Receiver of Taxes,
Building Inspector, Zoning Administrator, Dog Control Officer.
COUNCILWOMAN VISCONTI moved to accept the above stated reports
and place them on file.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
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PETITIONS & COMMUNICATIONS
Correspondence was received from Residents of Edgehill Manor
requesting help from the Town of Wappinger in rebuilding the
brick entrance wall that was demolished by a hit and run vehicle
several months ago. The painting and finishing touches
including the sign would be the responsibility of volunteers.
Mrs. Smith informed the Board that this request was discussed at
a workshop and she wanted it in the minutes.
COUNCILWOMAN VISCONTI moved to accept the correspondence and
place it on file.
Seconded by Mr. Ruggiero
Jay Paggi, Engineer to the Town with his report on Aquifer
Analysis of the Atlas Wellfield. The study would provide the
Town with much needed information regarding the Atlas Aquifer,
and thereby allow the Town to more accurately devise any future
region -wide water management plan. Mr. Paggi informed the Board
he contacted the two lowest bidders requesting cost updates for
the Atlas Aquifer Analysis. There has been one response,
but another is expected. Upon receipt of a response from the
Contractors involved, he will tabulate the results for the Board
with his recommendations and give a full report at the June
workshop.
COUNCILWOMAN VISCONTI moved to accept the status report and
place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Incoronato questioned Mr. Paggi regarding new Collector and
Sewer lines that are needed on lots off Cedar Hill Road. Mr.
Paggi informed the Board that he did a desk top report in 1991
with a list of lots that never received service to determine
i
cost of service. A workshop is needed to address this issue.
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Requests from department heads for refund of overpayments were
received. (1) Guardian Self Storage, $9.00 for sign permits.
(2) J & L Bucciero, $20.00 for a duplicate Building Permit.
COUNCILWOMAN VISCONTI moved to approve the return of the
overpayments to Guardian Self Storage for $9.00 and J & L
..' Bucciero for $20.00, based on the recommendation of the
Department Heads.
Seconded by Mr. Valdati
Motion Unanimously Carried
Requests for the return of Escrow Funds were received from the
following: (1) O'Donnell Development Corporation Lot #9,
Spring Terrace $500.00; Lot #1, Lands of Jordan $1,000.00;
Spring Terrace Lot #9, $3,000.00; Spring Terrace Lot #21,
$3,000.00; Spring Terrace Lot #6, $2000.00; Spring Terrace Lot
#13, $2,000.00; Spring Terrace Lot #14, $2,500.00; Spring
Terrace Lot #7, $3,000.00. (2) P & R Contractors, Sherwood
Heights Lot #7, $250.00. (3) Cady Lane Homes, Wyndham Crossing
Lot #25, $3,500.00; Wyndham Crossing Lot #24, $1,000.00
COUNCILWOMAN VISCONTI moved to approve the requests for the
return of Escrow Funds, for the above so stated, based on the
recommendation of the Building Inspector, Don Keller.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following Purchase Orders were submitted for approval by
Ralph Holt, Chairman of Recreation (1) American Red Cross in
the amount of $2,100.00 for Playground personnel to take course
for Basic Life Support for the Professional Rescuer. (2)
Passon Sports in the amount of $2,000.00 for playground supplies
for 6 playgrounds. (3) Wappinger Central School District in
the amount of $5,000.00 to cover the cost of bus transportation
for summer playgrounds. (4) Sherwin-Williams in the amount of
$1,145.00 for a gas pressure washer. (5) S & S Arts and Crafts
in the amount of $2,800.00, supplies for the 6 various Town
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Summer Playgrounds.
COUNCILWOMAN VISCONTI moved to approve the above stated Purchase
Orders as submitted by Mr. Holt, Chairman of Recreation.
Seconded by Mr. Valdati
Motion Unanimously Carried
Next a Purchase Order submitted for approval by Elaine Snowden,
Town Clerk, for $2,000.00, payable to Voting Machine Service
Center, Inc., for the purchase of a voting machine equipped with
the Fold Down Panel for the Handicapped.
COUNCILMAN VALDATI moved to approve the Purchase Order for
$2,000.00 payable to Voting Machine Service Center, Inc.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Correspondence from Tom Logan, Assessor requesting the Town
Board reappoint him as Sole Assessor for the Town of Wappinger,
the term commencing October 1, 1995.
COUNCILMAN INCORONATO moved to have Mr. Logan's request tabled
at this time.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The following correspondence was sent by Attorney to the Town Al
Roberts to Ronald Betros, Circulation Director of the
Poughkeepsie Journal in regard to the violation of the littering
Law in the Town of Wappinger.
Dear Mr. Betros:
Please be advised that I am attorney to the Town of Wappinger.
I have been asked by the Town Board to respond to your letter of
March 29, 1995 to the Zoning Administrator regarding the
violations of the Town's litter law.
The Town has issued an Order to Remedy seeking to have the
Journal cease distribution of advertising material in violation
of Local Law #6 of 1989, the Town's litter law. In response to
the Order to Remedy, you wrote the above letter asserting that
such distribution is protected speech under the First Amendment,
citing the following cases: City of Fresno v. Press
Communications, Inc., 23 Med.L.Rep. 1174 (Cal.Ct.App. 1994)
and City of Cincinnati v. Discovery Network, Inc., 123 L.Ed2d
99, 115 (1993). I have reviewed those cases and find them to be
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inapplicable to the current circumstances.
The essential facts are that the Journal distributes circulars,
advertisements, etc. to home owners who do not otherwise
subscribe to the Poughkeepsie Journal. The advertising material
is placed in a plastic bag and thrown on the roadside, driveway
or sidewalk. In many instances these materials do not even
reach the property owner's land, but remain in the Town -owned
right of way.
In interpreting the right of free speech as guaranteed under the
First Amendment, the Courts distinguish between laws which
regulate the content of speech (which are prohibited), and laws
which regulate the time, place or manner in which the speech
and/or printed matter is disseminated (which is permitted). The
cases you cited, City of Fresno v. Press Communications, Inc.
and City of Cincinnati v. Discovery Network, Inc. involve laws
that the Courts interpreted to regulate "content" of the
material. Those laws prohibited the distribution of some
newspapers or handbills, but not others. Upon scrutiny, the
Courts determined that those statutes violated the First
Amendment.
On the contrary, the Town of Wappinger litter law does not even
address the distribution of advertising materials, handbills or
unauthorized newspapers, but merely addresses littering.
This is precisely the type of legislation that addresses the
"time, place or manner" of distribution which is permitted.
Indeed, municipal regulation of the manner of distributing
advertising materials has been consistently upheld by the New
York courts which "have repeatedly affirmed the right of the
state and its municipalities, in the exercise of their police
power, to enact statutes and ordinances which regulate or
prohibit advertising materials in such manner as will result in
littering streets, and other public places." (emphasis added)
2N.Y.Jur.2d 440.
The Wappinger litter law is designed to prevent all types of
littering within the Town, whether it be advertising literature,
discarded newspapers, or discarded wrappings from a fast food
restaurant. The Wappinger litter law does not prohibit the
Journal from the distribution of advertising literature, rather,
it prohibits the wanton throwing of such unsolicited materials
on the roadside. In short, the Journal cannot justify its
littering of the countryside with unsolicited advertising
circulars by claiming that such activity is a constitutionally
protected form of free speech and/or freedom of the press. Such
activity is in no way a constitutionally protected freedom.
In support of the Town's position, we enclose copies of the
following cases:
1.
2 N.Y. Jur.2d 440.
2.
3 Am.Jur.2d 441
3.
Pennsylvania Public
Utility Commission v. Tenny, 391
A.2d 1066.
4.
People v. Horowitz,
140 N.Y.S. 437.
5.
People ex. rel. Greenburg
v. Healy, et al.,
74 N.Y.S.2d 102.
6.
People v. Johnson,
191 N.Y.S. 750.
7.
People v. Hess, 103
N.Y.S.2d 582.
8.
People on complaint
of Milano v. Larollo, et.al.,
9.
People v. Bohnke, 287
N.Y. 154.
10.
Population Services
International v. Wilson,
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398 F.Supp 321 (S.D.N.Y. 1975).
11. Ad -Express, Inc. v. Kirvin, 516 F.2d 195 (2d Cir. 1975).
12. Valentine v. Chrestensen, 316 U.S. 52 (1942).
I would appreciate it if you would call me upon receipt of this
letter so that this matter can be further discussed, and
hopefully resolved.
The Town Board members are uniform in their conviction that the
Journal's activities are in violation of the Town's litter law
and are prepared to litigate the matter further if it is not
successfully resolved.
I look forward to hearing from you in an effort to achieve a
satisfactory resolution.
Very truly yours,
VERGILIS, STENGER, ROBERTS, & PERGAMENT
ALBERT P. ROBERTS
COUNCILWOMAN VISCONTI moved to accept letter and leave open for
future update.
Seconded by Mr. Incoronato
Motion Unanimously Carried
COMMITTEE REPORTS
COUNCILMAN RUGGIERO attended the groundbreaking ceremonies for
Tri -Muni Sewer, the project is actively underway. Also an update
on Spook Hill Park. Mr. Holt Met with a Security Company at
the Park to go over a security system for the Park. The Security
Company will get back with their suggestions. On the same
subject, Mr. Ruggiero informed the Board that a Wappinger
Resident approached him about starting a neighborhood watch.
Mrs. Smith informed him to get in touch with Carl Amburgy. He
holds regular meetings to help residents set up a neighborhood
watch.
Also on Tri -Muni, Supervisor Smith informed the Board that she
has requested Attorney Al Roberts to send a letter to Tri -Muni
and start serious negotiations about membership in the Tri -Muni.
COUNCILMAN VALDATI on Highway. The bulk pick-up is going well
and a new method of informing residents other than letters may
be used, it will be discussed at a later workshop.
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COUNCILMAN INCORONATO had no reports at this time.
COUNCILWOMAN VISCONTI on U.S. Cablevision. She commended U.S.
Cable on two items. Their quick response to customers in
regard to confusion of phone numbers on bills. Also for the
latest marketing survey that she received. It was very
informative.
BONDS & LETTERS OF CREDIT
Mr. Levenson's monthly report on schedule of Bonds and Letters
of Credit was received. Mr. Levenson notified the Board that
his report was filed on May 1, 1995 and he received a
replacement letter of credit from Rymer Subdivision on May 20,
1995. It was due to expire on May 20, 1995.
COUNCILWOMAN VISCONTI moved to accept Mr. Levenson's report as
amended and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
RESOLUTIONS
Due to a number of family matters which will require his
attention for some time to come, a letter of resignation was
received from Gordon Hirt, as County Legislator for District
15, Town of Wappinger effective May 31, 1995.
Supervisor Smith informed the Board that she had advertised for
a successor. One response was received from Mr. Richard M.
Lecker, requesting the Town Board's consideration in appointing
him to finish Mr. Hirt's term as Dutchess County Legislator for
district 15.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
RESOLVED, the Richard M. Lecker be and he hereby is
appointed to fill the vacancy as Dutchess County Legislator for
District 15 of the Town of Wappinger which has occurred by
reason of the resignation of Gordon Hirt, and
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IT IS FURTHER RESOLVED, that the said Richard M. Lecker be
and he hereby is appointed to fill such vacancy for the
remainder of the term which shall expire on December 31,1995
Seconded by Mr. Valdati
ROLL CALL VOTE
Supervisor Smith
Councilman Ruggiero
Councilman Valdati
Councilman Incoronato
Councilwoman Visconti
VOTE
Aye
Nay
Aye
Nay
Aye
Motion Carried
The next item for the Boards consideration is to accept the
Deed for Road frontage offered by Mr. Charles A. Coghlan, as
requested by the Planning Board.
COUNCILMAN INCORONATO moved to accept the Deed for Road frontage
as offered by Mr. Charles A. Coghlan.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next is to accept the Deed for relocating a drainage easement,
offered by John & Margaret Hurley of 37 Robin Road, Wappingers
Falls, NY.
COUNCILWOMAN VISCONTI moved to accept the Deed, as corrected,
for the drainage easement from John & Margaret Hurley.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
COUNCILWOMAN VISCONTI moved to also have Supervisor send letter
to Mr. Klein stating Town has accepted Deed, but vegetation
needs to be removed.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
Next is to Consider Bids for the Water Connection to the Highway
Garage and to Authorize Engineer to the Town to explore
feasibility for "Dry Fire Hydrant" behind the Emergency Services
Building and acquisition of appropriate easement.
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On May 5, 1995 Bids were received and opened for the proposed
Water Main to serve the Town of Wappinger Highway Garage. Twelve
(12) Bids were received, the lowest being Tusker Construction
Corp., with a Bid of $45,142.00. All the Bids were reviewed as
to format and accuracy. It is the opinion of Mr. Paggi that
.r subsequent to approval of the Performance Bond and Insurance
Documents by the Attorney to the Town, and the execution of the
contract between the Village of Wappingers Falls, and the Town
of Wappinger, the Contract should be awarded to Tusker
Construction Corp.
SUPERVISOR SMITH informed the Board that the Village was going
to charge the Town commercial rates for water, and after some
discussion with the Mayor, it was changed to Village Residential
Rates.
COUNCILWOMAN VISCONTI moved to award the contract for the water
connection to the Highway Department, based on the
recommendation of Engineer to the Town, Jay Paggi, to Tusker
Construction Corporation, they being the lowest Bid.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILWOMAN VISCONTI moved to amend the above resolution to
include, upon recommendation of Attorney, Subject to the Village
of Wappingers revising the contract for the water supply.
Seconded by Mr. Valdati
Motion Unanimously Carried
COUNCILMAN RUGGIERO moved to authorize the Supervisor to sign
the contract with Tusker Construction Corp., for the water
connection to the Highway Department.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Next, to authorize Engineer to the Town to explore the
feasibility for a "Dry Fire Hydrant" behind the Emergency
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Services Building and acquisition of appropriate easement.
SUPERVISOR SMITH explained there is a Pond behind the Emergency
Services Building. She has approached Mr. Capolino with the
idea that he consider giving the Town an easement. Before the
easement is obtained, Mr. Paggi must be authorized to inspect
the Pond for use as a "Dry Fire Hydrant."
COUNCILWOMAN VISCONTI moved to authorize Mr. Paggi, to
explore the feasibility for a "Dry Fire Hydrant" behind the
Emergency Services Building and acquisition of appropriate
easement and report back.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
A Public Hearing having been held on May 22, 1995 for a Local
Law amending the Zoning Law and Zoning map of the Town of
Wappinger for the Peter Tomasic Parcel 28 Old Hopewell Road, the
matter of its adoption was now placed before the Board for their
consideration.
COUNCILWOMAN VISCONTI moved to adopt Local Law # as follows:
A LOCAL LAW AMENDING
THE ZONING LAW AND ZONING MAP OF
THE TOWN OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1. The Zoning Law and the Zoning Map of the Town of
Wappinger, said Zoning Map having been prepared by Raymond H.
Arnold, Planning Consultant, dated July 31, 1990, adopted by the
Town of Wappinger, pursuant to Local Law #5 of 1990, and
subsequently amended from time to time thereafter, is hereby
further amended by designating a certain parcel of property
owned by Peter Tomasic from its present zoning designation of
Residential -20 (R-20) to Highway Business (HB), said parcel of
property being more particularly described in Schedule A,
annexed hereto and made a part hereof, and containing 1.5 acres
of land, more or less.
Section 2. The Town Supervisor is hereby directed to take
whatever steps are necessary to have the Zoning Map of the Town
of Wappinger amended to reflect the zoning change hereby
approved and said Supervisor is hereby authorized to retain the
services of a professional engineer, licensed land surveyor or
Planning consultant to amend a Town of Wappinger Zoning Map,
within 60 days from the date of the adoption of this Local Law.
Section 3. The parcel of property which is the subject of
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this Local Law is further identified as follows:
Motion Carried
The acceptance of the Batting Cages at Robinson Lane was now
placed before the Board for their consideration. The Friends of
Corey Costellano Committee had requested the Town consider a
release and indemnification in connection with the construction
and installation of the Batting Cages. Mr. Roberts was
requested to check on this matter and explained it would be
inappropriate to accept the cages, indemnify them and
hold them harmless. He did check with the Town's Insurance
Carrier and they informed him they could add a rider to the
endorsement that would protect volunteers. It would not be
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PRESENT OWNER:
Peter Tomasic, 206 Old Hopewell Road
Wappingers Falls, New York 12590
TAX GRID NO.:
6157-02-637535
DEED REFERENCE:
Dutchess County Clerk's Office, Liber
1498 of Deeds, Page 253.
L
Section 4. This
Local Law # of 1995 is the most recent
amendment of Local Law #5 of 1990; Local Law #5 of 1990 was
previously amended by
the following local laws: Local Law #5 of
�kw
1991, "Architectural
and Historical District Advisory Board";
Local Law #8 of 1992,
"Ivanoff Rezoning; Local Law #2 of 1993,
"Capolino Rezoning";
Local Law # of 1993, Satellite Castle
Rezoning'; and Local
Law #1 of 1994, "Definitions".
Section 5. This
Local Law shall become effective
immediately upon filing
with the Secretary of state as
prescribed by law.
Seconded by Ruggiero
COUNCILMAN INCORONATO
spoke on his views of granting the
rezoning request for
Mr. Tomasic and felt that it is an
undersized lot, and because
a slope coming down from the east
towards Route 9 is very
abrupt, there would be safety problems
created by vehicles
coming in and out of Route 9, therefore, he
would abstain.
ROLL CALL VOTE
VOTE
Supervisor Smith
Aye
Councilman Ruggiero
Aye
Councilman Valdati
Aye
Councilman Incoronato
Abstain
Councilwoman Visconti
Aye
Motion Carried
The acceptance of the Batting Cages at Robinson Lane was now
placed before the Board for their consideration. The Friends of
Corey Costellano Committee had requested the Town consider a
release and indemnification in connection with the construction
and installation of the Batting Cages. Mr. Roberts was
requested to check on this matter and explained it would be
inappropriate to accept the cages, indemnify them and
hold them harmless. He did check with the Town's Insurance
Carrier and they informed him they could add a rider to the
endorsement that would protect volunteers. It would not be
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limited to the batting cages, but any volunteers working for the
Town. He assumed we already had the endorsement. There would
be no extra charge.
COUNCILWOMAN VISCONTI moved to accept the Batting Cages at
Robinson Lane on behalf of the Town of Wappinger, have the
Supervisor follow up on the endorsements for the Insurance
Policy, and notify the Friends of Corey Castellano Committee
that we cannot indemnify.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Introduction of the proposed Local Law regarding STOP SIGNS
at Wildwood Drive at its intersection with Wendy Road, and
Wildwood Drive at its intersection with Russ Place regulating
traffic & parking within the Town of Wappinger, and to set a
Public Hearing, was now placed before the Board.
The following Resolution was moved by COUNCILMAN RUGGIERO and
Seconded by Councilwoman Visconti.
WHEREAS, the Town Board has recently received a
recommendation from the Superintendent of Highways and the
Engineer to the Town to establish the following full stop
intersections:
Wildwood Drive at its intersection with Wendy Road; and
Wildwood Drive at its intersection with Russ Place.
WHEREAS, the Town Board has determined that it is in the
best interests of the public health, welfare and safety of the
people of the Town of Wappinger to designate and formally
establish the aforementioned full stop streets.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby determines that the intended
action, this is, creation of full stop intersection at Wildwood
Drive, at its intersection with Wendy Road, and the creation of
full stop intersection at Wildwood Drive, at its intersection
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with Russ Place is an Unlisted Action pursuant to Article 8 ECL
and related Title 6 - 617 NYCRR, and Local Law #6 of 1992 and
action for which there are no other involved agencies.
2. The Town Board hereby declares itself LEAD AGENCY
PURSUANT TO ARTICLE 8 ECL AND THE RELATED TITLE 6, PART
617-NYCRR.
3. The Town Board has caused to be completed Part 1 and
Part 2 of the short form EAF for this project in the form
annexed hereto.
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in part 617.11 NYCRR, and
hereby determines the intended action will not create any
significant adverse impacts on the environment and hereby issues
a NEGATIVE DETERMINATION OF SIGNIFICANCE for this project
because the proposed action has no environmental impacts
whatsoever.
5. The Town Supervisor is hereby authorized to execute Part
L I
3 of the short form EAF and the Town Clerk is further directed
to provide for the filing and distribution of same as provided
by law.
BE IT FURTHER RESOLVED that the Town Board hereby schedules
a Public Hearing on the proposed adoption of Local Law # of
the Year 1995 to be held at the Town Hall on the 26th day of
June, 1995 at 7:20 o'clock in the afternoon and that the Town
Clerk is directed to post and publish notice of the Public
Hearing in the form annexed hereto.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
ROLL CALL VOTE VOTE
Supervisor Smith Aye
rl Councilman Valdati Aye
Councilwoman Visconti Aye
Councilman Ruggiero Aye
Councilman Incoronato Aye
The resolution is hereby duly declared adopted.
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Next is to accept the Performance Bond in lieu of Letter of
Credit and vote to substitute the Sanitary Sewer work in lieu of
the downstream drainage for Evergreen Acres.
COUNCILMAN RUGGIERO move to accept the Performance Bond in lieu
of a Letter of Credit and substitute the Sanitary Sewer work in
lieu of the Downstream Drainage for Evergreen Acres.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The last item for the Boards consideration is to accept a
reduced 0 & M sewer assessment for Flavormatic from 20 units to
10 units, effective 1996.
COUNCILWOMAN VISCONTI moved to reduce the 0 & M sewer assessment
for Flavormatic, from 20 units to 10 units, effective 1996.
Seconded by Mr. Incoronato
Motion Unanimously Carried
UNFINISHED BUSINESS
SUPERVISOR SMITH requesting that during June, July, and August,
one meeting a month be held on the 4th Monday. Work shop to be
held at 6:30 P.M and the Town Board Meeting to follow at 7:30
P.M.
SUPERVISOR SMITH moved to hold one meeting a month during June,
July, and August on the 4th Monday. The workshop to begin at
6:30 P.M. and the Town Board Meeting to follow at 7:30 P.M.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
SUPERVISOR SMITH announced that she would be conducting
interviews for a Zoning Administrator on May 27, 1995 starting
at 9:30 A.M.
Also, there will be a Memorial Day Schedule of Events on May 29,
Schedules will be sent out to anyone who did not receive one.
COUNCILMAN RUGGIERO on the Status of Spook Hill Road. Mr. Paggi
informed Mr. Ruggiero that the horizontal realignment and
Page 14
950522.RGM
vertical on the first two curves has been done. It's now a
question of how much land is necessary for the horizontal curve.
Just a mathematics problem. There are several alternatives
without changing the character of the corner visually. Mr.
Paggi hopes to have a proposal at the June Workshop.
Also, the Recreation Conservation Area behind Hamlet Court.
SUPERVISOR SMITH informed Mr. Ruggiero that Metal signs have
been ordered and after signs are erected, letters will be sent
to all the residents requesting they keep their children out of
that area.
COUNCILMAN VALDATI on Escrow Policy. Is there a way they can be
processed more quickly. Mr. Valdati feels there are too many
steps. SUPERVISOR SMITH explained, there is a procedure to
follow before Escrow can be released, including approval from
the Town Board.
Mr. Valdati also questioned Mr. Foster about having a road sign
erected indicating "Old Hopewell Road," off Route 9. Mr. Foster
explained that the County only puts up Route Signs on County
Roads, if we wish to erect a Street sign on a County Road we
must get permission from the County. Mr. Foster will contact
the County for permission.
COUNCILMAN INCORONATO presented correspondence signed by Ten
County Legislators, addressed to John Marmillo, the
Superintendent of Schools, requesting the School District
give the same Ten Year Tax Abatement the County gives to
stimulate business in the area. After some discussion, Mrs.
Smith felt this correspondence was out of order. It was
not on the Agenda and she did not receive it.
COUNCILMAN INCORONATO moved to place this correspondence on
next months Agenda.
Seconded by Mrs. Smith
Motion Unanimously Carried
At this time John Schouten of Ketchamtown Road was recognized by
Page 15
950522.RGM
the Board. Due to several accidents on Ketchamtown Road and 9D
Mr. Schouten was requesting the Town Board write a letter to
Governor Pataki asking that a traffic light be installed at
Ketchamtown Road and 9D. It is a dangerous area. Several of
his neighbors have been scarred for life at that corner. Jay
Paggi, Engineer to the Town, explained; before a traffic
light can be erected there is an analytical method to determine
if a light can be installed. A number of traffic Warrants must
be met before DOT will install a traffic light. He is aware of
two accidents last month. When they restripped Route 9D north
of Ketchamtown Road, they put in a broken line heading South.
People passing on the turn and a car pulling out north of
Ketchamtown Road, to 9D, an accident occurs.
COUNCILWOMAN VISCONTI moved to have Supervisor send letter to
Governor Pataki, requesting a traffic light be installed at
Ketchamtown Road and 9D. Also include in the letter, a
request to have the double yellow line reinstated in that area.
Seconded by Mr. Ruggiero
Motion Unanimously Carried
NEW BUSINESS
At this time, 8:45 P.M. COUNCILMAN RUGGIERO moved to go into
Executive Session to discuss Personnel.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Meeting reconvened at 9:10 P.M. with all Board Members
present, there was no action to be taken at the Executive
Session.
There was no other Business to come before the Board.
COUNCILWOMAN VISCONTI moved to close the Town Board Meeting,
Page 16
9
-j
950522.RGM
Seconded by Mr.Ruggiero and Unanimously Carried.
The Meeting Closed at 9:10 P.M.
Elaine H. Snowden
Town Clerk
Page 17
950522.PH
A Public Hearing was held by the Town Board of the Town of
Wappinger, on May 22, 1995 at the Town Hall, 20 Middlebush Road,
on the proposed Local Law Amending the Zoning Law and Map of the
Town of Wappinger
Supervisor Smith opened the Meeting at 7:15 P.M.
Present:
Constance Smith, Supervisor
Joseph Ruggiero, Councilman
Robert Valdati, Councilman
Joseph Incoronato, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Engineer to the Town
Graham Foster, Highway Superintendent
Herb Levenson, Zoning Administrator
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
Meeting).
SUPERVISOR SMITH reported Correspondence was received from
Dutchess County Department of Planning and Development. They
reviewed the Subject, and offered their concerns and
recommendations.
SUPERVISOR SMITH asked if there were any comments or questions
from the audience.
The Chair recognized Concetta Olivieri who read a prepared
statement regarding the proposed rezoning request of the Tomasic
Parcel.
To the Town Board of Wappingers Falls, New York:
We, Concetta and Ernesto Olivieri of 207 Old Hopewell Road,
Wappingers Falls wish to state for the record:
First, we have no major objection to Mr. Tomasic asking for and
receiving a rezoning of his property at 206 Old Hopewell Road,
Wappingers Falls, for commercial use. However, we wish to hold
the Town Board responsible for all preventive measures needed to
Page 1
950522.PH
ensure that our well water and rain drainage pond are not
polluted by any motor oil or gasoline used in a planned
commercial business. We ask that the Town Board make clear, in
writing, all and any planned protective measures to keep the
water free of pollutants. Again, we have no major objection to
Mr. Tomasic's request to the Board, but want the Town to be
responsible for environmental impacts of any water pollution.
Ernesto Olivieri and Concetta Olivieri
COUNCILMAN VALDATI told Mrs. Olivieri the Board will make
her intentions known that we highly support her concerns.
SUPERVISOR SMITH agreed to contact the Planning Board, informing
them of the Olivieri's concerns, and request the Planning Board
respond in writing, back to Mr. & Mrs. Olivieri.
The Chair recognized Hank DiMarco, of Pleasant Lane. Hank
supports the rezoning request and believes Mr. Tomasic runs a
quality operation and is confident all the environmental issues
will be addressed because Mr. Tomasic is a highly qualified
person who runs a quality operation.
The Chair also recognized John Schouten a resident of Wappingers
Falls. John has known Mr. Tomasic for a number of years and can
vouch for his credibility and integrity .
The Dutchess County Department of Planning and Developing
reviewed the subject referral within the framework of General
Municipal Law. The Department has four concerns about the
proposed rezoning. The First concern: It is not consistent
with the Town of Wappinger Comprehensive Plan, which recommends
against expanding commercial zoning along this section of the
Route 9 corridor. SUPERVISOR SMITH said she spoke to Dave Stone
on this matter and he said it is such a small change he did not
see any problems.
The second concern: Access to the parcel poses potential sight
distance problems because of slopes on both sides, but
Page 2
950522.PH
particularly downhill to Route 9. Turning movements onto and
out of the property, especially for delivery trucks or other
slow turning vehicles, could pose hazards because of these
slopes. Assure that the proposed development meets all
reasonable concerns of the Dutchess County Department of Public
Works. SUPERVISOR SMITH received a letter from the Dutchess
County DOT stating they had concerns and after meeting with the
applicant, all concerns have been met. Third: The site is
adjacent to a residential area, so there is a need to provide an
adequate landscaped buffer on the property to shield residential
neighbors from noise and visual impacts. SUPERVISOR SMITH will
forward this concern on to the Planning Board to make sure there
is adequate buffer on property that is required.
Finally, it is important that any rezoning of this piece not be
used as a precedent for other properties along Route 9 corridor
whose owners may seek commercial zoning at the expense of the
long-term goals of the office town plan. SUPERVISOR SMITH
informed the Board that there was another rezone request that
was denied.
It was also noted that the Town of Wappinger Planning Board
recommended the rezone request for the Tomasic Property.
There were no more comments or questions.
COUNCILWOMAN VISCONTI moved to close the Public Hearing seconded
by Mr. Valdati and Unanimously Carried.
Motion Unanimously Carried
The Public Hearing closed at 7:25 7
Elaine H. Snowden
Town Clerk
Page 3
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON A
LOCAL LAW AMENDING THE ZONING
LAW AND MAP OF THE TOWN OF WAPPINGER
----------------------------------
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
That on May 10, 1995, your deponent posted a copy of:
the attached notice of Public Hearing on the a proposed
Local Law amending the Zoning Law and Map of the Town of
Wappinger on the signboard maintained by your deponent in her
office in the Town Hall of the Town of Wappinger, 20
Middlebush Road, Wappingers Falls, Dutr_hess County, New York.
r
Elaine H. Snowden
Town Clerk
Town of Wappinger
n d—
Sworn to before me this
err day of _ 1995.
C-
--
NOTARY PUBLIC
,LI,%tnA ?,n. 1.1110171
j&ftyI Public, Slate of New1ft
/�,�wNo. 2381720
{/Yed In Dutchess County/��1.,
ambolon Expires 10/31/19
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS '
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
Couniy o, Dutchess,
Town of Wappinger.
Joan M i 11 e r
........................................................ of the
ata 4�tr�a
Wa„ ,,'} Town of Wappinger, Dutchess County, New York,
w. NwvYotk,atwidch
tlm�allpitgssj(;Isndolgsqa bLwh� Road.
being duly sworn, says that he is, and at the several
ahali tan tpbanaw:;
owatw a times hereinafter was, the Bookkeeper
t�n « a, of the SOUTHERN DUTCHESS NEWS, a
tMTown w by a,
.°�a�n ow:aom newspaper printed and published every Wednesday
-UA doN '!6,*WAdonon
Tmnofw.PpinparTuMMaapsaastax in the Town of Wappinger, Dutchess County, New
0 : nwpbers 0157-0E-08..�o7m tram.
# I : re a.n w York, and that the annexed NOTICE was duly
>AaidenN-W(R•20) to Hlphwayr
keding�tM zo*q, Map a! tto Toown o published in the said newspaper for ..9ne..weeks
w#*" wlpwy, "otat
;"r, . wh1h, successively in each week, commencing on the
P } 7ft NOTICE
th.ton own a�ths'Townof ,, 10th day of ... MaY........... 19.95 and on the
wappingar has 6 made any
to " following dates thereafter, namely on
}p Nft*R NOTICE:
that(hs � Looal.................................
'� and ending on the Ma
C�kotti , ,>v►a�a!aN�roym' g .....�.4.t�?.. day of ....Y.........
*ooP;M, try 19.9.5. both days inclusive.
IWOIOWNBOARD
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Subscribed and sworn to before me
this J.9, ... day of .... MaX �?...7.. 19.95
............. %� ............
Notary Public
My commission expires .................................
WrARY P'
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