1991-04-22 RGM91
The Regular Meeting of the Town Board of the Town of Wappinger was
held on April 22, 1991, at the Town Hall, 20 Middlebush Road, Town
of Wappinger, Dutchess County, New York.
Supervisor Smith opened the meeting at 7:30 P.M.
Present:
Constance Smith, Supervisor
Victor Fanuele, Councilman
Joseph Incoronato, Councilman
Robert Valdati, Councilman
Gladys Ruit, Deputy Town Clerk
Absent:
June Visconti, Councilwoman (at Son's Graduation)
Elaine H. Snowden, Town Clerk (at Town Clerk's Conference)
All joined in the Pledge of Allegiance to the Flag at the request of
the Supervisor.
The Minutes of the Regular Meeting of March 25, 1991, having previously
been forwarded to all Board Members, were placed before them for their
consideration.
MR. FANUELE moved that the Minutes of the Regular Meeting of March 25,
1991, be and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Valdati
Motion Unanimously Carried
Reports were received from Receiver of Taxes, Zoning Administrator
for the month of February, Highway Superintendent thru April lst,
Building Inspector, Dog Control Officer, Justice Court thru March 31st,
1991.
Mrs. Smith announced that the Town Clerk had received the Audit &
Control Order approving the Town of Wappinger Sewer Transmission/
Treatment District.
MR. FANUELE moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Petitions & Communications ---
Notice of Public Hearing from the Town of LaGrange on a proposed
Local Law to amend their Zoning Code, April 24, 1991, at the Town
Hall of LaGrange.
MR. VALDATI moved to accept the Notice and place it on file.
Seconded by Mr. Incoronato
Motion unanimously Carried
M
A Memo was received from County Legislator David Gamache regarding
County Legislature Reapportionment, and asking for input from the
Towns and Villages of our County. He requested that the Board Members
write to him if they had comments on this subject; the Supervisor
offered to forward their comments if they had any, or if the Board
Members preferred, they could send their own communication.
Commissioner Egan had visited the Town Clerk's Office and offered his
comment that if the Board Members were satisfied with the present
representation, they should leave it as is. They could always touch
base with their respective political leader if they had comments after
the legislatures come up with a proposed reapportionment.
MR. VALDATI moved to receive this communication and place it on
file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Roberts, Attorney to the Town, advised the Board in his letter
of March 29, 1991, that he recommended additions to the present
Tenant Policy for the Town water and sewer districts. The Supervisor
wished to discuss this with the other Board Members at a future work
shop.
MR. INCORONATO moved to table action on changing the Tenant Policy
for the water and sewer districts, pending a work shop on May 13, 1991.
Seconded by Mr. Valdati
Motion Unanimously Carried
Notification of intent to apply for an off -premises beer license
for the Shannon Marie Corporation at 1163 Route 9, Town of Wappinger,
was received for consideration of the Town Board of any comments they
may wish to make.
MR. VALDATI moved to receive the notification and place it on file
with no comment.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from the Highway Superintendent to attend
the 1991 Highway School on June 3,4 and 5 at Cornell University; the
fee would be $50.00 registration plus travel and accommodations.
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MR. VALDATI moved to grant permission to Mr. Foster to attend the
Highway School at Cornell University, June 3rd thru June 5th, 1991
and his legitimate expenses will be a Town charge.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Application for a Peddling License was received from Jerome O'Mara,
a veteran from Beacon who sought to sell hot dogs and food in the
Town of Wappinger.
MR. VALDATI moved to approve a Peddling and Hawking License for
Jerome O'Mara to sell hot dogs, etc. in the Town of Wappinger.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Deborah Fortran wrote to the Town Board requesting a reduction in the
speed limit on Maloney Road from the present 40 MPH to 25 or 15 MPH.
The Highway Superintendent had written his comments on this request,
noting that he would not oppose a 30 MPH (that's the lowest the State
would go), however, he had been informed by the Town Clerk that this
request had
previously been sent to
the
County and
State along
with
other areas
and this particular area
had
not been
approved for
a
speed reduction. It was his opinion that few, if any, of the accidents
in our Town are caused by drivers obeying the speed limit or adjusting
their speed for road conditions. He did not think they should pursue
this if the State rejected it previously. Discussion followed on
the State's procedure in handling these requests and the period of
time it takes for them to respond. We have been waiting for about
two years for a speed reduction in the south west portion of the
Town and no reason was ever given for rejecting the Maloney Road
portion. The Supervisor decided she would speak to our newly elected
Assemblyman, Don McMillen and perhaps he could expedite the request
that has been on their pile of items to consider for about two years.
A request was received from Raymond Khowry, LUV Homes, Inc. for the
return of $1,700.00 escrow for grading and $1,000.00 escrow for the
driveway. The proper documents and recommendations were received and
in order.
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MR. VALDATI moved to release escrow for grading and driveway in the
total amount of $2,700.00, to Raymond Khowry, LUV Homes, Inc., at the
recommendation of the department heads.
Seconded by Mr.Incoronato
Motion Unanimously Carried
A Memo was received from Mr. Levenson stating that the Planning
Board recommends that the Town Board accept a Letter of Credit in
the amount of $177,260.40, which will reduce the present bond amount
for the Red Hawk Hollow Subdivision.
MR. INCORONATO moved to accept the Letter of Credit from Red Hawk
Hollow Subdivision in the amount of $177,260.40 and refer same back
to the Planning Board to schedule a Public Hearing.
Seconded by Mr. Valdati
Motion Unanimously Carried
A second Memo from Mr. Levenson referenced a recommendation from the
Planning Board to extend the contract for Raymond Arnold, Planning
Board Planner for another two years. Although it appeared that this
was under the purview of the Planning Board, the Supervisor felt it
should be discussed at the May 13, 1991 work shop.
Three Reports were received from the Engineer ---the first on the
Wappinger Sewer Improvement Area #1 relating to existing vacant
individual lots within the boundaries as to whether or not they can
obtain a building permit for those parcels. Mr. Paggi had contacted
Joseph Marcogliese, P.E. from the State D.E.C. due to the fact that
work was done in that Improvement Area during the past year with
respect to infiltration/inflow and a report of the improvements
had been sent to Mr. Marcogliese. He replied to Mr. Paggi outlining
items necessary to allow the existing lots to hookup which included
modification of the existing permit the Town now has; compliance
with the current Consent Order (which has been done) and criteria
for the flow to the plant.
MRS. SMITH moved to authorize the Engineer to modify the permit for
WSIA#1, to allow the existing lots to utilize the sewer facilities.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The second related to the 18 Scott Drive Stream Erosion and concern
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due to a tree within the easement which has been undermined by the
adjacent stream; the resident at that address is fearful of the tree
falling and the Engineer recommends that the Town consider removing
the tree since it is our responsibility.
The Highway Superintendent said he had made arrangements for the tree
to be removed this week by the Baisley Tree Service since he had
viewed the situation and observed that the tree was leaning so
severely that he had taken this action.
MR. INCORONATO moved to approve the elimination of the tree in the
Town easement at the 18 Scott Drive location.
Seconded by Mr. Valdati
Motion Unanimously Carried
The last Report on Tri -Municipal regarding concerns raised by Mr.
Lapar, P.E. on the Town determination of the 0 & M charges for the
project. He suggested that an explanation be forward to the State
Department of Audit and Control.
Mrs. Smith preferred to table discussion on the subject to a work
shop on June 10, 1991.
A Memo was sent to the Supervisor from the Town Clerk requesting a
starting salary of $12,500 for the second deputy position, an increase
of $500 over the standard starting salary of $12,000.
Mrs. Smith had a problem with this request since at the last meeting
the Board denied a $500 raise to an employee of several years who
transferred to another department, and now they were ready to give such
a raise to one just starting although this individual had worked for
the Town previoiBly with another department.
Mr. Fanuele noted that the other employee had received a 6% raise in
January, as did all the employees, and another raise mid -stream was
not warranted. He had made a motion to grant the $12,500 starting
salary to the "new" employee, but agreed to rescind his motion pending
further discussion of the overall salary policy.
MRS. SMITH moved to table action on this request and refer it to a
work shop on May 13, 1991.
Seconded by Mr. Fanuele Motion Unanimously Carried
The May Town Board Meeting was schedule for May 27, 1991 and due to
the Memorial Day Holiday, they considered changing it to Tuesday,
May 28th, which is usually the meeting night for the ZBA. Although
she had anticipated this change back in January and set it on her
schedule for the 28th of May, Mrs. Smith reconsidered the matter and
decided they should reschedule -to another night when Justice Court
was not in session. The meeting date was changed to Wednesday, May
29th, 1991 and all agreed to this.
The Highway Superintendent wrote to the Board requesting a Stop Sign
in place of the current Yield Sign at the intersection of Skytop Drive
and North River Road, which he felt would be in the best interest of
all, after reviewing the situation.
At the last meeting, Mr. Fanuele suggested the Stop Signs for various
intersections in the Town be consolidated into one Local Law and Mrs.
Smith informed the Superintendent that this one would be included.
The Attorney was in the midst of preparing this and said it would be
considered at the next meeting.
A letter was received from Assessor Thomas Logan regarding the
starting salary policy. Mrs. Smith asked that this be removed from
the Agenda and be addressed along with the other items of similar
nature at the May 13th, 1991 work shop.
A request was received from Fire Inspector Mark Lieberman and Building
Inspector Thomas Classey to attend Codes Enforcement Classes May 29-30
and June 5-6, respectively in Poughkeepsie ---both required classes.
MR. INCORONATO moved to allow Mr. Liebermann and Mr. Classey to attend
their respective classes, as requested, and all legitimate expenses will
be a Town charge.
Seconded by Mr. Valdati
Motion Unanimously Carried
A Police Committee Study Report was previously forwarded to the
Town Board and having reviewed same, they were ready to discuss its
contents at a future work shop. Mrs. Smith set a date of June 10th,
1991, for this work shop.
Prior to Committee Reports, Mrs. Smith wished to discuss the house
at Route 9D and Middlebush Road relating to its demolition. There
appears to be a conflict with our Local Law and the Building Code on
this matter which has to be addressed. The Attorney noted that this
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demolition order would not be a simple one and has to go through the
Supreme Court, a series of notices and many compliances with other
laws. However, first and foremost, the Supervisor stated, that the
Town Local Law on Demolition must be put in order first by the Attorney.
MR. INCORONATO moved to authorize the Attorney to the Town to follow
the procedures to amend the present Local Law for Demolition of
Unsafe Buildings.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Incoronato had correspondence from the Dutchess County Resource
Agency offering 55 gallons of usable latex paint available to any
Town Agencies; it is described as a gray/beige paint and he suggested
that Camo Pollution Control may be able to use it on the plants.
All they have to do is call the Agency at 431-2050, JoAnn Grimes.
Committee Reports ---
Mr. Fanuele --- Refuse , spoke about a town in Long Island and their
method of handling garbage; the residents bag their garbage, put it
out and are charged by the bags they put out, similar to our program
but they pick it up.
Recycling--- In California they have a water shortage and they encourage
everyone to change their toilet bowl to ones that use less water and as
a consequence they became inundated with these toilet bowls and didn't
know what to do with them, but the Asphalt Company came along and
ground them up and made new roads out of them.
Mrs. Smith had discussed our procedures for disposal of the recyclables
with our carter, Royal Carting Company, and reported the various prices
and requirements to the Board. Last week one of the dumpsters of
glass was rejected because it included light bulbs and perfume bottles,
so Mrs. Smith alerted the volunteers at the site so they could be on
the watch for this co -mingling. Our carter has been jumping all over
with the disposal of the recycling to make sure he's getting the best
price, in this case for paper, so he really is looking out for the
Town and trying to save money for them. Mr. Valdati had a question on
co -mingling vs. separation and brought up the point that perhaps it
would be more economical to compact the item and co -mingle or is it
better to leave it as is and separate; this is something to discuss
further and investigate. Mrs. Smith thought they should invite
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Scott Daniels from Dutchess County Solid Waste to their June work shop
and get some answers to the questions that have come up.
Mr. Valdati, back to structures that should be demolished noted that
in addition to the house on Route 9D, there's another one on Middlebush
Road, past the soda company, that sits back off of the road, which is
in a state of disrepair and it does not appear to be boarded up.
There's also one on Helen Drive that's under investigation by the
insurance company, due to a fire, which will have to be checked on
so it does not become another attractive nuisance.
Mr. Incoronato had a report, which had been requested by the Supervisor
on an Energy Reduction Report conducted by Central Hudson and contained
51 pages. According to Central Hudson the Town can save $400 a year
if we utilize our setback clock for H/V, A/C system. It would be
difficult to reduce it at night because of the activity in the Town
Hall, however, it could be done on weekends. The big savings would be
in the use of energy efficient fluorescent fixtures, bulbs and electronic
ballasts and could result in a savings of $2,600 each year if we did
the replacements. They estimate that it would cost $13,656 to make
the conversion, however they would give a rebate of $4,271 thereby
costing the Town $9,385, all estimated figures. As stated, we could
save $2,600 a year, so after four years, this would be a yearly savings.
He reviewed the bids that were received and compared with the figures
from Central Hudson, two of them came in under the estimate by several
hundred dollars, however he would like to discuss the figures presented
with the Board and they can then make a selection. Mrs. Smith thanked
Mr. Incoronato for taking the time to review the report and felt it
should be discussed in depth at budget time. They were doing this
survey by areas and the Highway Department was not included in the one
for the Town Hall. Mr. Foster thought they should wait for that to be
done and perhaps they could realize even more savings.
Mrs. Smith announced that she intended to start a recycling program
"in house" at the Town Hall. Royal Carting will give us a bin for
the paper and will take it up to J. C. Penney for disposal since it
appears they are the only ones accepting office paper. The employees
will be supplied with boxes for their desks for the paper to be
contained in until it's ready to go into the main bin. She estimated
the supplies would cost about $200 which was available in the grant
that the Town had received toward the cost of recycling.
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Supervisor Smith issued the following Proclamations:
WHEREAS, John Jay High School Girls Basketball Team,
known as the Lady Patriots, traveled to
Queensbury High School in the Glens Falls
area, and
WHEREAS, Fred Samuelson coached them with dedication
and care and led the Lady Patriots to sixteen
(16) straight wins and forty-nine (49) in their
last fifty-two (52) games, and
WHEREAS, the team achieved a semi final victory over the
nationally ranked Shenendehowa team, and
WHEREAS, the team competed in the New York State Public
High School Athletic Association Class A
competition, and
WHEREAS, the Lady Patriots won the New York State Girls
Public High School Athletic Association's Class A
Basketball Championship title, and
WHEREAS, the Lady Patriots are the first team to ever
bring this highly achieved honor home to
Wappinger,
NOW THEREFORE, I, CONSTANCE 0. SMITH, Supervisor of the Town
of Wappinger, do hereby proclaim, April 19, 1991 as John Jay
High School "Patriot's Day" in the Town of Wappinger.
s/ Constance 0. Smith
Supervisor
Town of Wappinger
WHEREAS, William S. Benson, Master of New York State
Grange has designated April 21-27, 1991 as
Grange Week in New York State for all Pomona,
Subordinate and Junior Granges, and
WHEREAS, the Grange serves an essential role in the
community by providing an effective voice for
agriculture, rural development and community
service, and
WHEREAS, the Grange is a family, community and fraternal
organization, concerned with serving the needs
of its rural, urban and suburban members;
dedicated to community services; concerned with
the judicial use of our human and natural resources
and, through its social and recreational fellowship,
promotes patriotism and citizenship activities, and
WHEREAS, the Grange offers a forum for individuals to express
their talents through a wide variety of programs
and projects, and
WHEREAS, the Grange provides leadership, motiviation
and dedication needed to improve the quality
of life and economic well-being of its members
and friends in an atmosphere of volunteerism,
NOW, THEREFORE, I, CONSTANCE O. SMITH, Supervisor of the Town of
Wappinger, New York, do hereby proclaim the week of April 21-27,
1991 as Grange Week in the Town of Wappinger and urge all citizens
to join me in honoring this worthy organization.
s/ Constance 0. Smith
Supervisor
Town of Wappinger
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Resolutions ---
Mr. Paggi wrote to the Board regarding a request from Dave Alexander,
Inc. for release of the final retainage on Brothers Road Storm Sewer
Project in the amount of $631.95. The job site was checked, found
to be in good condition and the Engineer recommended payment of the
voucher.
MR. INCORONATO moved to approve release of the retainage fee in the
amount of $631.95 to Dave Alexander, Inc. for the Brothers Road Storm
Sewer Project, at the recommendation of the Engineer to the Town.
Seconded by Mr. Fanuele
Motion Unanimously Carried
A transfer request was received from the Comptroller due to the fact
that no monies were appropriated for the following line items and the
budget had to be amended.
1. Monies to be moved to: 3120.1B Vandalism Patrol -Personal
Services/Payroll for Carl Amburgey Town Coordinator for
$3,900.00.
Moved from: 3120.4B Vandalism Patrol -Contractual Expense
to cover Mr. Amburgey's yearly salary.
2. Monies to be moved to: 8162.1B Recycle -Personal Services/
Payroll for $3,000.00 ($1,500.00 originally appropriated)
Moved from: 8162.4B Recycle - Contractual Expense to
cover Payroll for 1991.
Mrs. Smith explained that at budget time they did not separate the
personal services but put all the monies under contractual and now
they were trying to correct that.
MR. INCORONATO moved to approve the transfers, as requested by the
Comptroller.
Seconded by Mr. Valdati
Motion Unanimously Carried
The following Resolution was offered by COUNCILMAN VALDATI who
moved its adoption:
A RESOLUTION INTRODUCING A PROPOSED
LOCAL LAW OF 1991 "LOCAL LAW AMENDING
SECTION 428 OF THE ZONING LAW OF THE
TOWN OF WAPPINGER ENTITLED 'ARCHITECTURAL
AND HISTORIC DISTRICT ADVISORY BOARD "'FOR
CONSIDERATION OF ITS ADOPTION BY THE
TOWN BOARD.
WHEREAS, the Town Board has determined that it is no longer
in the best interests of the Town to continue the ARCHITECTURAL
AND HISTORIC DISTRICT ADVISORY BOARD as authorized by Section 428
of the Zoning Law of the Town of Wappinger, heretofore adopted by
a Resolution amending the Zoning Ordinance of the Town of Wappinger
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on December 1, 1986; and
WHEREAS, the Town Board has determined it to be in the best
interests of the Town to abolish the Architectural and Historic
District Advisory Board and transfer all the powers conferred
upon the said Architectural and Historic District Advisory Board
to the Town of Wappinger Planning Board; and
WHEREAS, the Town Board desires to formally consider the
adoption of a proposed Local Law of 1991 to amend Section 428
of the Zoning Law of the Town of Wappinger and to otherwise
transfer the powers heretofore conferred on the Architectural
and Historic District Advisory Board to the Town of Wappinger
Planning Board.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the Town Board of the Town of Wappinger hereby
introduces the annexed proposed Local Law of the year 1991,
"Local Law Amending Section 428 of the Zoning Law of the Town
of Wappinger entitled "ARCHITECTURAL AND HISTORIC DISTRICT
ADVISORY BOARD" for consideration of its adoption by the Town
Board;
2. The Town Board hereby determines that the intended
action, i.e. the adoption of the proposed Local Law, is both
an unlisted action pursuant to Article ECL and the related Title
6 Part 617 NYCRR and, Local Law 2 of the year of 1977 "Environ-
mental Quality Review" and an action for which there are no other
involved agencies;
3. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead
Agency pursuant Article 8 ECL and the related Title 6 Part 617
NYCRR.
4. 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 as Exhibit A.
5. The Town Board has reviewed the intended action with
respect to the criteria set forth in Part 617.11 NYCRR, and
hereby determines that the intended action will not create any
significant adverse affects on the environment and hereby issues
a NEGATIVE DECLARATION OF SIGNIFICANCE for this project.
6. The Town Supervisor is hereby authorized to accept Part
3 of the short form EAF and further directs the Town Clerk to
provide for the filing and distribution of same as provided by
law.
7. The Town Board of the Town of Wappinger hereby schedules
a public hearing regarding the adoption of the proposed Local law
for 7:25 P.M. on May 29, 1991, and the Town Clerk is hereby directed
to publish notice thereof in the Town's official newspaper not less
than ten days prior to said public hearing date.
8. The Town Board of the Town of Wappinger further directs
the Town Clerk as follows with regard to the proposed amendments:
a. To distribute a copy of this Resolution, the annexed
amendments and the Notice of Public Hearing to the municipal Clerk
of each abutting municipality not less than ten days prior to said
Public Hearing;
b. To distribute a copy of this Resolution and the
annexed amendments to the Dutchess County Planning Department for
advisory review in accordance with Section 239 of the General
Municipal Law; and
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C. To distribute a copy of this Resolution and the
annexed amendments to the Town of Wappinger Planning Board for
their recommendation to be received within 30 days hereof.
Seconded by: Councilman Incoronato
Roll Call Vote: 4 Ayes 0 Nays Councilwoman Visconti ---Absent
A LOCAL LAW AMENDING THE ZONING LAW
OF THE TOWN OF WAPPINGER
-------------------------------------------
SECTION 1
Section 428 of the Town of Wappinger Zoning Law is hereby amended
to read as follows:
SECTION 428 ARCHITECTURAL AND HISTORICAL
DISTRICT ADVISORY POWERS
428.1 FINDING AND PURPOSE
The Town Board finds that the economy and quality of life of
the Town of Wappinger are affected by its visual environment.
The general welfare of residents and of property owners as well
as property values and the tax base, are enhanced by natural and
man-made features and structures of visual and historical value.
Excessive uniformity, dissimilarity, inappropriateness or poor
quality of design in the exterior appearance of buildings
erected in any neighborhood adversely affects the desirability
of the immediate area and neighboring areas for residential and
business purposes or other use and by so doing impairs the benefits
of occupancy of existing property in such areas, impairs the
stability and value of both improved and unimproved real property
in such areas, prevents the most appropriate development of such
areas, produces degeneration of property in such areas with
attendant deterioration of conditions affecting the health,
safety, comfort and general welfare of the inhabitants thereof,
and destroys a proper relationship between the taxable value of
real property in such areas and the cost of municipal services
provided therefor. It is the purpose of this Local Law to
prevent these and other harmful effects of such exterior
appearances of buildings erected in any neighborhood and thus to
promote and protect the health, safety, comfort and general
welfare of the community, to promote the public conveneience and
prosperity, conserve the value of buildings and natural and
manmade features and encourage the most appropriate use and
development of land within the Town.
Accordingly, the Town Board of the Town of Wappinger hereby
finds that it is in the best interests of the citizens of the
Town of Wappinger and protective of their health, safety,
economic and general welfare to authorize the Planning Board
to have architectural and historic district advisory powers,
as hereinafter set forth, in order to accomplish these purposes
and insure proper protection and development of the visual
environment of the Town of Wappinger, and to otherwise confer
upon the Town of Wappinger Planning Baord the powers and
authority previously conferred upon the Architectural and Historic
District Advisory Board as originally authorized by Section 428
of the Zoning Law of the Town of Wappinger, adopted on December 1,
1986.
428.2 ADVISORY FUNCTIONS OF PLANNING BOARD
428.21 Review Authority
The Planning Board shall have the authority to recommend
approval, approval with conditions, or disapproval of plans on
the following matters:
(a) National Register and Locally Designated Properties
and Districts. Plans for construction alterations, additions or
restoration, located in Federal, State or locally designated
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Historic districts or located on the same property as individual
structures listed on the National Register of Historic Places,
or determined to be eligible for listing on the National Register
of Historic Places, or determined to be eligible for listing on
the National Register of Historic Places, or determined to be
eligible for listing on the National Register of Historic Places
by the State Office of Parks, Recreation and Historic Preservation,
or locally designated by the Town of Wappinger as significant
historic structures.
(b) Site Development Plans. Site development plans
before the Planning Board for review, relating to Industrial,
Commercial, Office, Multi -Family, and Mobile Home Park development,
and open space development.
(c) Special Permit Uses. Applications for special permit
uses in all districts.
(d) Signs Plans for construction or erection of signs.
428.22 Reports
The Planning Board may, on its own initiative, issue reports
recommending programs or legislation in the interest of preserving
or improving the visual environment.
428.3 Procedures
Whenever architectural or historic district advisory powers
are invoked pursuant to this section, the Planning Board may
request such additional information from the applicant as is
necessary to enable the Planning Board to review the proposed
project. Essential plans and information shall include, but not
be limited to:
428.31 Applications
(a) Planning Board File.
(b) Building Department File. Building Department files
on the subject property and adjacent properties.
(c) Plans and Elevations. Scale plans and elevations
showing the nature of construction and the materials to be
incorporated in the exterior of the project.
(d) Site Plans. A site plan, at appropriate scale,
showing information required by Section 450 of the Zoning Law.
(e) Renderings. Three- dimensional sketch or rendering
illustrating significant aspects of construction and exterior
design, when deemed necessary and requested by the Planning
Board and at a scale deemed appropriate by the Planning Board.
(f) Preliminary Design and Meeting with Applicant.
Applicants shall be encouraged to submit preliminary designs for
Planning Board review and comment prior to final design submission.
The applicant shall further be given the opportunity to discuss
the proposed plans with the Planning Board at a special workshop
meeting prior to submission of formal plans.
(g) Site Visits.
deemed necessary
of the Planning
construction.
Insofar as is possible, whenever
by the Chairman of the Planning Board, members
Board shall visit the site of the proposed
428.4 STANDARDS FOR REVIEW
In conducting its review, the Planning Board shall evaluate
the proposed architectural and landscaping plans in accordance
with the following standards.
428.41 New structures should be constructed to a height
visually compatible with the buildings and environment with which
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they are visually related.
428.42 The gross volume of any new structure should be
visually compatibe with the buildings and environment with which
they are visually related.
428.43 In the street elevation (s) of a building, the
proportion between the width and height in the facade(s) should
be visually compatible with the buildings and environment with
which it is visually related.
428.44 The proportions and relationships between doors and
windows in the street facade(s) should be visually compatible with
the buildings and environment with which it is visually related.
428.45 The rhythm of solids to voids, created by openings
in the facade, should be visually compatible with the buildings
and environment with which it is visually related.
428.46 The existing rhythm created by existing building
masses and spaces between them should be preserved, insofar as
practicable.
428.47 The materials used in the final facade(s) should
be visually compatible with the buildings and environment with which
it is visually related.
428.48 The texture inherent in the facade should be visually
compatible with the buildings and environment with which it is
visually related.
428.49 Colors and patterns used on the facade should be
visually compatible with the buildings and environment with which
it is visually related.
428.410 The design of the roof should be visually compatible
with the buildings and environment with which it is visually related.
428.411 The landscape plan should be sensitive to the
individual building, its occupants and their needs. Further, the
landscape treatment should be visually compatible with the
buildings and environment with which it is visually related.
428.412 All street facade(s) should blend with other buildings
via directional expression. When adjacent buildings have a dominant
horizontal or vertical expression, this expression should be carred
over and reflected.
428.413 Architectural details should be incorporated as
necessary to relate the new with the old and to preserve and
enhance the inherent characteristics of the area.
428.414 The setback of the building(s) from the street or
property line, and the other yard setbacks, should be visually
compatible with the buildings and environment with which it is
visually related.
428.415 Signs should be of
and configuration and illumination
the building to which it relates,
compatible with the buildings and
visually related.
428.5 FINDINGS
a size, scale, style, materials
that is visually compatible with
and should further be visually
environment with which it is
428.51 The Planning Board may make the following findings:
Recommended. This finding shall be indicative that
the plan will not be detrimental to the visual environment, meets
the standards required by the Town of Wappinger, and may proceed
through the normal approvals process.
105
428.52 Recommended with Conditions. This finding shall
be indicative that the plan will meet the standards of the
"Recommended" category with modifications or conditions. If the
suggested modifications are made, the plan shall be deemed
"Recommended".
428.53 Not Recommended. This finding shall be indicative
that the plan is found to be detrimental to the visual environment
and beneath the standards of design required by the Town of
Wappinger and cannot be rendered acceptable by the imposition of
conditions or modifications. The disapproved plan shall be returned
to the referring agency accompanied by a written explanation of the
reasons for the disapproval and the basis for the finding that the
plan cannot benrencered acceptable by the imposition of conditions
or modifications.
428.6 REPORT OF FINDING
Anytime the ARchitectural Review and Historic District Advisory
Powers are invoked pursuant to this section, the Planning Board
shall report its findings and recommendations to the applicant or
to the referring party in writing, within thirty (30) days of the
Planning Board's determination to invoke the powers being set forth
herein or within thirty (30) days of a receipt of a referral. Copies
of such reports are to be distributed by any referring party to any
agency of the Town of Wappinger concerned with the project under
review.
428.7 SUBSTANTIAL CHANGE OF APPROVED PLANS
Any substantial change in siting or in the exterior appearance
of any approved project may be subject to review and reconsideration
by the Planning Board at the discretion of the appropriate referring
agency or the Planning Board.
428.8 FINAL ACTION BY REFERRING AGENCY
The findings and recommendations fcr the planning Board shall
be considered advisory, and the final decision on approval of the
plans or application shall be made by the appropriate referring
agency.
SECTION 2
2. The Architectural and Historic District Advisory
Board heretofore created by the adoption of an amendment to the
Zoning Ordinance of the Town of Wappinger on December 1, 1986,
is hereby abolished and any authority heretofore conferred upon
said Architectural and Historic District Advisory Board is hereby
terminated.
SECTION 3
3. The provisions of this Local Law are separable and
if any provision, clause, sentence, subsection, word or part
thereof is held illegal, invalid or unconstitutional, or
inapplicable to any person or circumstance, such illegality,
invalidity or unconstitutionality, or inapplicability shall not
affect or impair any of the remaining provisions, clauses,
sentences, subsections, words, or parts of this Local Law or
their application to other persons or circumstances. It is
hereby declared to be the legislative intent that this Local
Law would have been adopted if such illegal, invalid, or
unconstitutional provision, clause, sentence, subsection, 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 4
4. This Local Law shall take effect immediately upon
filing with the Secretary of State as provided by law.
106
Three transfer requests were received from the Recreation Commission --
The first was for the payment of the tractor/mower from Jonmar
Associates in the amount of $12,400 with the monies to come from
the Parkland Trust Fund. Approval for the purchase was given at the
March 25th, 1991 meeting.
Transfer From:
To Increase
Accounts:
Parkland Trust Fund
Budget Revenue A-2089
Budget Expenditure
A-7110.2
$12,400.00
12,400.00
12,400.00
A transfer of $1,500 for Robinson Lane under the .4 line to the
.2 line for fencing at Robinson Lane at fields #7 and #8 which are
in a dangerous condition and should be replaced. The Little League
will do the fencing around the one field and the Recreation Commission
will complete the second field along with 2 other planned projects.
The third transfer was for $84.00 for a typewriter stand for the
Recreation Office from account A-7020.4 to be set up in a new
.Equipment Line A-7020.2.
MR. FANUELE moved to approve the three transfers requested by the
Recreation Commission.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The term of the Recreation Commission Chairman will expire on the
lst of May, 1991 and a communication from them recommended that
Ralph Holt be reappointed for another term.
The following Resolution was offered by Councilman Valdati who moved
its adoption:
RESOLVED, that Ralph Holt, be and he hereby is reappointed as a member
of the Town of Wappinger Recreation Commission and,
BE IT FURTHER RESOLVED, that the term of office for Ralph Holt as a
member of the Recreation Commission shall expire on May 1, 1996.
Seconded by: Councilman Fanuele
Roll Call Vote: 4 Ayes 0 Nays Councilwoman Visconti ---Absent
COUNCILMAN VALDATI moved to appoint Ralph Holt as Chairman of the
Recreation Commission for the remainder of 1991.
Seconded by Mr. Fanuele
Motion Unanimously Carried
107
A Memo was received from the Recreation Commission on the Land
and Water Conservation Fund 1991 Preliminary Application for
Municipal Park Projects. All information including a resolution
authorizing the Supervisor of the Town to file such application
must be submitted to the New York State Office of Parks, Recreation
and Historic Preservation by May 31, 1991.
The following Resolution was offered by Councilman Incoronato who
moved its adoption:
RESOLVED, that Constance O. Smith, the Supervisor of the Town of
Wappinger, is authorized and directed to file an application on
forms prescribed by the New York State Office of Parks, Recreation
and Historic Preservation for financial assistance in accordance
with the provision of the Land and Water Conservation Fund in an
amount not to exceed $50,000, and upon approval of said request
to enter into and execute a project agreement with the State for
such financial assistance to this municipality for the Construction
of Restroom facilities with Handicapped Accessibility at Castle
Point Recreation Area.
Seconded by: Councilman Valdati
Roll Call Vote: 4 Ayes 0 Nays Councilwoman Visconti ---Absent
Mr. Valdati noted that there are other grants that they can apply
for and recommended that they pursue whatever ones they can. If
they are ready with other applications prior to the next Board
Meeting, the Supervisor said she could call a Special Meeting
just before their next work shop to authorize any applications they
may want to submit.
The Engineer wrote to the Board requesting authorization to proceed
with work at Castle Point Landfill.
MR. FANUELE moved to authorize the Engineer to the Town to proceed
with work to implement changes at the Castle Point Landfill, as per
the D.E.C. Study.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Camo Pollution Control was previously authorized to proceed with
the necessary work required for closing the Castle Point Landfill;
they since informed the Board that there were additional charges
since their original estimate submitted in 1989 and they required
authorization to do the work.
MR. VALDATI moved to authorize Camo Pollution Control to proceed
with the required work in the amount of $26,750.00, at the Castle
Point Landfill.
Seconded by Mr. Incoronato Motion Unanimously Carried
108
The next item on the Agenda, authorizing the Engineer to modify
the permit for WSIA#1, was already done at the time the Board
addressed Mr. Paggi's Report on WSIA#1, (5k-(1).
MR. FANUELE moved
to authorize Mr. Paggi to prepare a Map,
Plan and Report for the
infiltration/inflow work at
the Rockingham
Farms Sewer District.
Seconded by Mr. Incoronato
Unanimously Carried
Another authorization was required for the Engineer
regarding the
easement at Reese Park for Tri -Municipal.
MR. INCORONATO moved to authorize the Engineer to the Town to do a
survey on the easement at Reese Park necessary to construct pipelines
under either alternative.
Seconded by Mr. Valdati
Motion Unanimously Carried
Mr. Incoronato briefly reviewed the status of a proposed composting
site planned on County Airport property at Rt. 376, noting that they
started planning for this back in November , 1990 and discussed it
with Commissioner Whited who appeared to be receptive to the project.
The contract has been prepared and approved by the Attorney to the
Town and requires authorization for the Supervisor to sign it so the
proper procedures can be followed and the Town can open the site.
It will be forwarded to the County Legislators for their approval and
scheduling of a public hearing on same. He hopes that the site will
be ready within a month or two for the convenience of the Town residents.
MR. INCORONATO moved to authorize the Supervisor to sign the contract
between the Town of Wappinger and the County of Dutchess for the use
of property on Route 376 to be used as a compost site for Town residents,
and forward to the County Legislature for approval, subject to the
Attorney's recommendation on any proposed changes to said contract.
Seconded by Mr. Valdati
Motion Unanimously Carried
There was some controversy on the required fencing as stated in the
contract, and since the Highway Superintendent had assembled a
gate constructed from recycled materials acquired in the Town pickup,
the Board wanted to be assured that any substitution would not void
the contract. After a brief discussion, Mrs. Smith decided she would
check with Fred Knapp, Assistant to the County Executive for approval
of the gate (to be changed on contract), prior to execution of said
109
contract. It was further determined that if the gate was not
acceptable, the Board would go along with the length of fencing
specified in the contract, since as Mr. Incoronato pointed out, such
a small expenditure would be well worth the benefits we will derive from
the compost site.
In the matter of property realignment between the Town property
on Montfort Road (Recreation Barn) and the adjacent property owned
by Joseph Fulton, the Attorney explained that this is not a simple
matter, it requires special legislation because it is listed as a
Town Park, the same as with Reese Park, and metes and bounds must be
provided.
MR. FANUELE moved to authorize the Engineer to the Town to do the
necessary survey work for a land swap with the adjoining landowner,
Joseph Fulton, Jr., as requested by the Recreation Commission.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Although the Town Board agreed to raise the salary of the Armed
Guard for the Justice Court from $10.00 to $10.50 per hour, this
was done at a previous work shop and never officially acted on.
MR. INCORONATO moved to increase the salary for Robert Monaco,
Armed Court Officer of the Justice Court, from $10.00 to $10.50
per hour.
Seconded by Mr. Valdati
Motion Unanimously Carried
Unfinished Business ---
At the last meeting, four Board Members voted for the Mosquito
Control Spring/Summer Larvaciding Spraying, Mr. Fanuele voted against
the motion since he believed that both the larvaciding and adulti-
ciding should be used depending on whether they were spraying areas
where ponds or streams existed. Mrs. Smith informed the County
of this action and then received a communication indicating that
they did not have a choice of the insecticide being used. Mrs.
Smith brought this back to the floor since she wanted the Board
Members to make sure that they knew what they were voting for and
if there was any question on this, they can revote, however it must
be done tonight since we've already past the deadline. Many calls
have been received from residents who want to be sprayed, so if the
110
Board so chooses they can take another vote and.inf.orm the residents
that if they want the spraying, they will get it, otherwise they
won't, it can be a pick and choose basis. She explained further
that larvaciding is automatic on certain area such as Green Fly
Swamp. Mrs. Smith pointed out again that she wanted the Board to
know what they voted for and if they wanted to leave well enough
alone, the discussion was over. im
New Business ---
Mrs. Smith announced that Friday, April 26th, will be Arbor Day
and we will celebrate at 11 A.M. by planting trees which have been
donated, at various locations at the Town Hall.
John Schouten, being recognized by the Chair, asked the Board their
opinion on a notice he received about storing trailers, unoccupied
recreation vehicles, boats, etc. on his property which must be
removed. It seems that the Zoning Administrator tried to contact
Mr. Schouten about the vehicles on the property, however he was out
of Town. He explained that they have been removed since some of
these belonged to people who were housesitting for him. The matter
appeared to be settled, but the Zoning Administrator invited him to
come in and talk about it. Mr. Schouten was upset about receiving
certified mail about this claiming that noone every even saw a boat
on the premises, and at this point Mrs. Smith said she and the Zoning
Administrator would go to the premises the next day and reach an
understanding with him so the matter can be finalized.
County Legislator John Beale reported on the street in Chelsea owned
by the County that the Town wishes to take over ---ready to move on a
resolution, however he sent it to Commissioner Spratt for his review
prior to any action they may take and he's still waiting for his
response.
As a resident, he brought up the fire that occurred at property on
Creek Road next to Reese Park and asked what would happen to the
remains of the structure; the Supervisor believed that the owner
planned to demolish it; there's also another building in disrepair
that he recommended should be demolished. If this is the case he
suggested that the Town could acquire that acre of land, perhaps
through the Parkland Trust Fund. There is a possibility that this
property is in an estate and if so it could take years to settle it
111
but it would be worth looking into.
Mr. Beale referred to communication received from County Legislator
Gamache re County Reapportionment and offered his assistance to the
Town, since he sits on that Committee. Mrs. Smith asked him what
changes would be made, would it be drastic. There have been some
meetings and others are planned; he pointed out that there is nearly
a 3% reduction in this Town's population, but a 6% increase in the
County. Presently we have 5 representatives in the Town and there
definitely will be a change in this. He further stated that this
could affect the election districts within the Wards of the Town of
Wappinger, noting that some districts have 100 population where
others could have as many as 800. Mrs. Smith expressed some concern
over this statement ---how can the County come in and change some-
thing that the Town has set up. He did not mean to imply that but
thought it could be a good opportunity at the Town level to change
this at the same time the County was proposing a change. Will the
Town be able to have input on these changes, Mrs. Smith asked and was
told that the input time was now ---they already had one public hearing
on it this day and another one planned for tomorrow, meetings on
Wednesday. He could not give a definite answer to Mrs. Smith about
input after the County changes these districts and suggested that
she speak to Mr. Gamache on this.
There was no other business to come before the Board.
MR. INCORONATO moved to adjourn the Meeting, seconded by Mrs. Smith
and unanimously carried.
The Meeting adjourned at 9:40 P.M.
E aine H. Snowden
Town Clerk
Reg. Mtg. 4/22/91
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON A
PROPOSED LOCAL LAW AMENDING
SECTION 428 OF THE ZONING LAW
OF THE TOWN OF WAPPINGER
ENTITLED "ARCHITECTURAL AND
HISTORICAL DISTRICT ADVISORY
BOARD"
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, 1991, your deponent posted a copy of the
attached notice of Public Hearing on a proposed Loca Law amending
Section 428 of the Zoning Law of the Town of Wappinger entitled
"Architectural and Historical District Advisory Board", on the
signboard maintained by your deponent in her office in the Town
Hall of the town of Wappinger, Middlebush Road, Town of Wappinger,
Dutchess County, New York
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
day of &I , 1991. �-
Notary Public
SJNOA M. CIUCCI
Mawr Public, State a N9W y&R
No. 2391720
Ousti/ied In outchess county,
Commission Expires 10/21/Igo,
LM
1
7
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Joan Miller
........................................ of the
Town of Wappinger, Dutchess County, New York,
TOWN OF WAPPINGER being duly sworn, says that he is, and at the several
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN the
Town Board of the Town of Wapp• times hereinafter was, the ...... J 0ppXheeper,,
Inger will condyyuct a Public Hearin9of Y
1991eateT:s25PM tthehTownHall, of the SOUTHERN DUTCHESS NEWS, a
20 Middlebush Road, Wappingers
Falls, New York 12580, at which
time, all partNs in interest and newspaper printed and published every Wednesday
Citi . he shall have an opportunity to
be heard as to whether the Town
Board of the Town of Wappinger in the Town of Wappinger, Dutchess County, New
shall adopt proposed Local Law of
1991, which Local Law will amend
the Zoning Law of the Town ofWaP- York, and that the annexed NOTICE was duly
pinger by the amandmaM of Section
428 thereof,;'entftled "ARCHITEC- one
TURAL AND HISTORIC DISTRICT published in the said newspaper for .......,...weeks
ADVISORY BOARD." ;
PLEASE TAKE.:FURTHER
NOTICE that tha'followingIsasum-. successively in each week, commencing on the
mary of the proposed amendments
tobe made by this Local Law:
1. Thio Local Law abollshes and _. 15th, day of ...... MaX....... 19.91 and on the
termicwtes as a the powers a the Ar- .
chftectural and Historic DistriclJW-
visory Board, asset forth In secticxn following dates thereafter, namely on
4ze and transfers all a the Archfteo-
tural and Historic District Review
powers to the Planning Boerd..................................................................
-.:PLEASE TAKE FURTHER
NOTICE that the text a, the
ad Local Law show. $8et fanhwi I be and ending on the ..15th . day of May.....
available for public review ;and in-
s at the Town Hall, 20 Mid -
,d bush Road, Wapphnget Face, 19.91 both days inclusive.
New York, during normal business
hours, on or after April 25„1981.
BY ORDER OF THE TOWN BOARD ,
OF THE TOWN OF WAPPINGER
ELAINE SNOWDEN L/
TOWN CLERK
DATED: APRIL'MM.1991' .• •.. •.... . . . .
Subscribed and sworn to before me
this ...15th... day of ... May ....i...� %.. 19.91
Notary Public
My commission expires .................................
RACHEL WISHART
NOTARY PUBLIC, STATE OF NEW YORK
OUALIF0 IN OUTCHESS COUNTY
Pi 14-4,1'551502
COMMISSION EXPIRES MARCH 31, 1