1988-06-06 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JUNE 6, 1988
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. May 16,'88 Special May 23, '88
4. REPORTS OF OFFICERS: Town Justices Rec. of Taxes
Zng. Adm. Hydrant
5. PETITIONS & COMMUNICATIONS
a. A. Hichks, Race Director, Order Sons of Italy
5th Annual Triathlon Biking portion thru town
b. M. Liebermann, F. Insp. request permission to
Kiamesha Lake, 6/13/88
c. Receipt of Neg. Delcarations from Ping. Bd. fo
subd. & Nicole Subd.
d. Application for Hawking and Pedling License from Anthony Allegrett.i
e. Fed. Emergency Management Agency re: revised L.L. on Flood Plain
Management, & request to revise, via L.L., Date.
f. J. Paggi, Eng. to Twn., report on DEIS Dutchess County Resource
Recovery Agency.
Notice from Ping. Bd. for designation of Lead Agency Re: New
Master Plan, w/ Full Env. Assessment form
h. Notification of completion of Code Enf. Officials Course III by
M. Liebermann
i. Summer Schedule for Town Board Meetings
Survey Map of Cedar Hill Taking - J. Montfort to Twn.
Bldg. Insp.
in America re:
roads - 7/24/88
attend conference,
r Guardian, 2 lot
g.
J.
6. COMMITTEE REPORTS
7. RESOLUTIONS
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Resolution for Purchase of Car for Zoning Adm.
Introduce and set Public Hearing for Proposed Amendments to
Zoning Ordinance (Fees for Ping! & Zng. Bds. & desigating Zng.
Adm. as Clerk to Planning Board & ZBA
NYSDOT - Resolution for Sidewalk maintenance - Rte 9
Authorize refund of Cas Bond for Jeffrey Gadne, LorMar Ct.
Award Tractor Bid for Recreation Comm. & Authorize Supervisor to
sign
Appointment of Cons. Advisory Council members
Approve maintence Contract for Town Hall HVAC
Appoint Secretary to Planning Board
Authorize Temporary use of General Fund Account
for Sr. Citizen Program
M. & 0. - Sludge Removal Contract
Notice of Claim served on T. Clerk by Universal
8. UNFINISHED BUSINESS
a.
b.
by Comptroller
Cash Register
Arrangements for Spring/Summer Clean-up - Townwide
Request for reduction of Speed limit on Chelsea Rd.
9. NEW BUSINESS
10. ADJOURNMENT
180
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on June 6, 1988 at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:35 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr. Engineer
Kenneth Croshier, Highway Supt.
All joined in the Pledge of Allegiance to the Flag and a moment of
silent prayer for the Town of Wappinger and its residents.
The Minutes of the Regular Meeting of May 16, 1988 and the Special
Meeting of May 23, 1988, having previously been forwarded to the
Board Members, were placed before them for their consideration.
MR. VALDATI moved that the above stated Minutes, be and they are
hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Farina
Motion Unanimously Carried
Reports for the month of May were received from Town Justices,
Receiver of Taxes, Zoning Administrator, Hydrant, and the Dog
Control Officer's Report from March thru the beginning of June.
MR. VALDATI moved to accept the Reports and place them on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Petitions & Communications ---
Mr. Al Hicks, Co -Director of the Order Sons of Italy in America
wrote to the Board for permission to use the Town Roads for their
Fifth Annual Triathlon on July 24, 1988, for the biking portion of
this event; Mr. Hicks indicated that a Certificate of Insurance would
be forthcoming.
MRS. SMITH moved to grant permission to the Order Sons of Italy
to use Town Roads for their Triathlon on July 24, 1988 and that
they be notified to contact the law enforcement and emergency agencies
to alert them of this event.
Seconded by Mr. Farina
Motion Unanimously Carried
181
A request was received from our Fire Inspector, Mark Liebermann,
for permission to attend a Seminar on June 13, 1988 at Kiamesha
Lake, New York, at the invitation of the Hughsonvile Fire District.
MR. FARINA moved to authorize Mr. Liebermann to attend the Seminar,
as requested, and the mileage rate of $.22.5 will be a Town charge.
Seconded by Mrs. Smith
Motion Unanimously Carried
Negative Declarations were received from the Planning Board on
Guardian Subdivision and Nicole Farms Subdivision.
MRS. SMITH moved to accept the Notifications and place them on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
Two applications were received for Peddler's Licenses ---one from
Anthony Allegretti from Putnam County for the sale of hot dogs and
other food, the other from Richard Warner for the sale of car polish
and related items; Mr. Warner's residence is in Hopewell Junction.
MRS. SMITH moved to deny a Peddler's License to Mr. Allegretti.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Smith moved to approve Mr. Warner's application for a Peddler's
License.
Motion Failed For Lack Of A Second
A request was received from Ihor Husar, Chief of the Natural and
Technological Hazards Division of the Federal Emergency Management
Agency to revise Section 3.2 of our Local Law on Flood Plain
Management.
Mrs. Paino noted that about a month ago a notification was received
from the same Agency indicating that this Town had never adopted a
Local Law on the Flood Plain Management. They were informed that
this Law is part of the Town records and after they have finally
reviewed same, they appreciated the fact that we are cooperating,
but requested this revision. This has been forwarded to the Attorney
for the required revision.
MR. FARINA moved to accept the correspondence and place it on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
As requested at the last meeting, a report was received from the
182
Engineer indicating his recommendations and opinions on the Draft
Environmental Impact Statement on the Dutchess County Resource
Recovery Agency.
MRS. PAINO moved to forward a copy of this report to the Dutchess
County Resource Recovery Agency indicating that the Town Board is in
agreement with the Engineer's recommendations and opinions.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino added that she felt it was high time that the County
incorporates a recycling system and that they move ahead to locate
a landfill for the fly ash generated from the Resource Recovery Plant.
It appears that the project is taking a long time to get off the ground
and the Town Clerk's Office along with the Highway Department can attest
to the fact that the removal of bulk trash and rubbish is one of the
biggest problems the residents complain of.
Notification was received from the Planning Board regarding the lead
designation on the new Master Plan and enclosing the long Environmental
Assessment Form; under the criteria set forth in Title 6 NYCRR Section
617.6 (d), it is appropriate to designate the Town Planning Board as
lead agency. They requested that they be notified of the consent or
objection of involved agencies of this designation.
MRS. PAINO moved to accept the lead agency designation and the long
Environmental Assessment Form in the matter of the new Master Plan.
Seconded by Mr. Reis
Motion Unanimously Carried
A Memo was received from the Fire Inspector, Mark Liebermann
notifying the Town Board that he had completed Course III of the
required Code Enforcement Officials Courses; to dated -three of the
five courses have been completed by him.
MRS. SMITH moved to accept the notification and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino recommended that the Town Board start the summer schedule
in July for their meetings.
MRS. PAINO moved to implement the summer schedule for Town Board
Meetings on the third Monday of July, August, September, (July 18th,
August 15th and September 19th, 1988).
Seconded by Mrs. Smith Motion Unanimously Carried
183
A Communication was received from the Engineer regarding a Survey
Map for the Cedar Hill Road taking of property offered by John
Montfort. Mrs. Paino indicated that a work shop meeting was held
on this a few weeks ago with the Highway Superintendent to determine
if he was interested in this proposal and it appeared that he is
interested in moving on this matter as soon as possible. He met
with Mr. Montfort, who is also still interested in offering the
property to the Town; the map has been forwarded to his Attorney
and they are waiting for his approval to finalize this matter.
MRS. PAINO moved to accept the Survey Map of Cedar Hill Road Taking
and place it on file pending acceptance by Mr. Montfort's Attorney.
Seconded by Mr. Reis
Motion Unanimously Carried
Committee Reports ---
Mr. Valdati, Highway Safety, concerned about sight view obstruction
in the area of Wheeler Hill Road and Old State Road; he identified
the location and requested the Highway Superintendent to clear the
area.
Mr. Reis had no reports for this meeting.
Mr. Farina, Cable, reported that the New York State Cable Commission
will be holding hearings this Wednesday and under "Resolutions" on
the Agenda, he will ask the Town Board to consider the appointment
of a representative for the Town to attend these hearings.
Mrs. Smith had no reports for this meeting.
Mrs. Paino reported on a reception she attended on Saturday at
Mesier Park conducted by the Vietnam Veterans for the purpose of
honoring the woman veterans
MRS. PAINO OFFERED THE FOLLOWING PROCLAMATION:
WHEREAS, since the birth of our nation, women have served
valiantly in every war effort our country has been engaged in; and
WHEREAS, women have served in the air force and logistics,
and as clerks, journalists, doctors and nurses; and
WHEREAS, women have contributed significantly to the defense
of the U.S.A. but have been afforded little or no recognition for
their patriotism; and
WHEREAS, the Town of Wappinger wishes to join the Mid -Hudson
Valley Vietnam Era Veterans in honoring these dedicated courageous
women,
NOW, THEREFORE, I, IRENE M. PAINO, Supervisor of the Town of
Wappinger, do hereby proclaim the month of June, 1988 as
"WOMEN VETERANS MONTH:
in Wappingers Falls, New York s/ Irene M. Paino
Town of Wappinger Supervisor
184
Resolutions ---
The following resolution was offered by COUNCILMAN REIS who
moved its adoption:
WHEREAS, the Town of Wappinger wishes to purchase a 1988
Chevrolet Cavalier for the Zoning Administrator. This is to
replace a vehicle that was written off because of a vehicle
accident, and
item,
WHEREAS, the replacement of said vehicle is an unbudgeted
BE IT RESOLVED, the Town Board authorizes the transfer of
$7,718.55 from Insurance Recovery B 2680, and $740.90 from B Fund
contingent 01-10-1990.4 to Zoning Department 01-07-8015.20 to pay
for said vehicle.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
Mr. Reis explained that the Zoning Administrator had a bad accident
about a month ago and although he was fortunate to come out of it
alright, the car was totaled. The amount of $7,718.55 will be
reimbursed from the insurance company.
Mr. Valdati pointed out that the Town Board had not received a report
of this accident and questioned where it occurred. He was told that
it happened in Peekskill when on his way to a zoning meeting. Further
discussion ensued and Mr. Valdati was concerned when he learned that
this official was traveling back and forth to work, his residence
being in Putnam County, in a Town Car and putting many extra miles
on it. It was his contention that it should be used only for Town
business and left at the Town Hall when not in use. He understood
that all Town cars were used only for Town business and then left
at the Town Hall and those officials went home on their own steam,
so to speak. In this case, that's 60 to 70 miles a day going on
the car which is considerable mileage. Mrs. Paino responded, when
�✓ questioned, that the Zoning Administrator pays for his own gas and
furthermore, other Town Officials use Town cars to go back and forth
to work; also the Zoning Administrator comes in on Saturdays and
Sundays. The pros and cons of this practice went back and forth
and the issue remained unresolved; Mrs. Paino recommended that they
have further discussion at a work shop meeting and Mr. Valdati concurred.
The following Amendments to the Zoning Ordinance were introduced by
SUPERVISOR PAINO:
185
Section 711. Fees
The Town Board of the Town of Wappinger shall on an annual basis by
Resolution, determine and set a fee to be charged by both the Zoning
and Planning Boards to applicants, upon the application to either of
those Boards for various reliefs, or items which come under the
jurisdiction of the respective Boards. Said fees shall be set on an
annual basis and shall become effective ten (10) days after their
adoption by the Town Board. Any reference to fee set forth in the
present Zoning Ordinance of the Town of Wappinger is hereby repealed
and all fees shall be determined by the Town Board as provided for
in this section.
Section 712. Clerks
The Zoning Administrator of the Town of Wappinger is hereby delegated
as the Clerk of both the Zoning Baord of Appeals and the Planning
Board of the Town of Wappinger. In addition to all of the other
authorities vested in the Clerk by Law, the Clerk shall be the
official custodian of all records of the Planning and Zoning Boards
of Appeals, and shall be authorized to issue certified copies of the
sameupon request.
SUPERVISOR PAINO moved to set a Public Hearing on the Amendments to
the Zoning Ordinance on Monday, June 20, 1988 at 7:15 P.M. at the
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, to hear
all interested persons.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Mrs. Paino noted that letters were received from both the Planning
Board and the Zoning Board of Appeals approving the appointment of
the Zoning Administrator as Clerk to these Boards.
At the last meeting the Town Board tabled action on a resolution from
the New York State Department of Transportation relating to the
approval of installing sidewalks on Route 9 at the Wappinger Plaza
and maintaining same. The matter was referred to the Highway Superin-
tendent for his comments re the maintenance since it would be his
department that would be assigned with this work. Mr. Croshier
responded indicating that he has reviewed the plans of the proposed
sidewalk which were forwarded to us from the D.O.T. and his department
will not maintain the sidewalks along a state-owned road. Mr. Croshier
was present and commented that if the Town takes over this respon-
sibility, it would also be taking over the liability that goes with it.
If the state is building the road, they should maintain the sidewalks
or make other arrangements to have them maintained.
Mrs. Paino requested that a copy of Mr. Croshier's letter indicating
his refusal to maintain said sidewalks be forward to the D.O.T.
MRS. PAINO moved to table action on this resolution and notify
Mr. Halstead, Project Manager of the D.O.T., of this action.
Seconded by Mrs. Smith
Motion Unanimously Carried
186
Mrs. Paino commented that the D.O.T. had indicated that the principals
of the Wappinger Plaza would meet with the Town Board to discuss the
maintenance of these walks perhaps in conjunction with the Town, however,
they never did meet with the Board.
The Building Inspector forwarded a memo to the Comptroller recommending
a refund of $250.00 to Jeffery Gadne which had been held in escrow
for completion of improvements to his property at 25 Lormar Court.
The Highway Superintendent inspected the driveway and concurred with
Mr. Classey's recommendation.
MR. VALDATI moved to approve the release of $250.00 to Jeffery Gadne
based on the recommendation of the Highway Superintendent.
Seconded by Mrs. Smith
Motion Unanimously Carried
Two bids were received on a tractor for the Recreation Commission---
FPC-Farm Products at $15,059.00 and Pine Bush Equipment Co., Inc. at
$14,675. Although FPC was the highest bidder, the Chairman of the
Commission recommended awarding the bid to them since the equipment
met their requirements and in addition it is a heavier machine and
the parts will be interchangeable since the other tractors are also
Fords. He pointed out that this had no bearing on the bid, but it
was a significant point to consider.
MR. REIS moved to award the bid for the tractor to FPC -Farm Products
Corporation, Ford Model #2910 at $15,059.00, based on the recommendation
of the Chairman of the Recreation Commission.
Seconded by Mrs. Smith
Motion Unanimously Carried
The terms of the Town Conservation Advisory Council members have
expired and the matter was placed before the Town Board for their
consideration. Mrs.Paino indicated that in conversation with the
•
former Chairman, Matthew Landi, he recommended that Cathy Peredes
be appointed Chairman of that Council. She was present and stated
that she was interested in that position. The three active members
of the Council were interested in being reappointed.
187
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that Cathy Peredes, Richard Dobbins and Florence
Graff be and they are hereby appointed as members of the Town of
Wappinger Conservation Advisory Council, and
BE IT FURTHER RESOLVED, that the above stated members serve
as members of the Conservation Advisory Council for a term that
will expire in June of 1990.
Seconded by: Councilwoman Smith
Roll Call Vote: 5 Ayes 0 Nays
MRS. PAINO moved to appoint Cathy Peredes Chairman of the Conservation
Advisory Council.
Seconded by Mrs. Smith
Motion Unanimously Carried
Mrs. Paino commended the newly appointed Chairman for the time and
effort she put in the seedling tree distribution to the residents of
Town which has been an annual program for many years.
In the matter of the Maintenance Contract for HVAC (heating, ventilating,
air conditioning) the Town Hall, the firms of New Windsor Mechanical,
Shaker, Travis and Quinn, Ray D. Smart Engineering and Lomasney
Combustion, Inc. were interviewed; the firm of Mechanical Construction
failed to show up for their appointment.
MRS. SMITH moved to approve the contract with Shaker, Travis and
Quinn for the sum of $1,860.00 for the period from June 1, 1988 thru
May 31, 1989 plus an additional $350.00 for the initial inspection
and bring the system up to proper functional operation.
Seconded by Mr. Valdati
Roll Call Vote: 4 Ayes Mr. Reis ---Nay
In the matter of the appointment of a Secretary for the Planning
Board and the Zoning Board of Appeals, Mrs. Paino noted that the
Board had interviewed an individual for this job and agreed that she
has the necessary qualifications for this position.
The following resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that Lia Scianna be and she is hereby appointed to
the position of Secretary to the Town of Wappinger Planning Board and
Zoning Board of Appeals, at the annual prorated salary of $12,000, and
BE IT FURTHER RESOLVED, that the said Lia Scianna will be
required to perform her duties of the position of Secretary to the
aforementioned Boards from 8:30 A.M. to 4:00 P.M. and also at the
respective meetings of the Planning Board and the Zoning Board of
Appeals.
Seconded by: Councilman Valdati Roll Call Vote: 5 Ayes 0 Nays
L
L
188
The following Resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, the Town of Wappinger will be receiving bills relating
to the Senior Citizen Program, and
WHEREAS, the Town will receive County funds for the SEnior Citizens
Program, but these funds take approximately six weeks to be processed
after the paper work is filed with the County,
BE IT RESOLVED, that the Town Board authorizes the Comptroller
to use A Fund monies until the County funds are received.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
No further information was available in the matter of the Sludge
Removal Contract with M & 0 Sanitation Company.
MRS. SMITH moved to table this matter pending a report from the
Attorney.
Seconded by Mrs. Paino
Motion Unanimously Carried
A Notice of Claim was served on the Town Clerk by Universal Cash Register
& S.A.F.E., Inc., in the matter of the purchase of a cash register
MRS. PAINO moved to refer the Notice of Claim to the Attorney to
the Town, Thomas Wood to answer on behalf of the Town of Wappinger.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Farina had previously requested to offer a resolution relating
to the appointment of a representative to attend the Cable Commission
meetings in Albany.
MR. FARINA moved to authorize Charles Cortellino to attend the New
York Cable Commission Hearings in Albany on Wednesday, June 8, 1988
as a representative of the Town of Wappinger and the mileage fee of
$.22.5 per mile plus lunch will be a Town charge.
%„r Seconded by Mrs. Paino
Motion Unanimously Carried
Unfinished Business ---
The Highway Superintendent had previously informed the Town Board
they he would announce his intent for a Spring Clean-up at this
Meeting. The Board had met with Mr. Croshier at a work shop on
April 14, 1988 at which time he indicated he would get back to the
Board with a proposal to enable the Town residents to dispose of
bulk items.
.1•04.101.444111111.1L.41
189
At this time, Mr. Croshier announced that after a long hard study
the only conclusion he could arrive at is to place dumpsters at the
Town Highway Department on Saturday, June 18, 1988. He had checked
the recreation sites and other locations in developments but found
them to be inadequate and heavily trafficked for his men to safely
remove the bulk items.
It was Mrs. Paino's understanding that tentative arrangements for
a bulk pickup either by the Highway Department or by an outside firm
was the subject discussion at that work shop and Mr. Croshier said
he would get back to them in two weeks with the final plan and dates.
The heavy bulk items would be picked up and dumpsters placed at various
locations for the residents to bring the smaller items. Mr. Croshier
pointed out that the surrounding towns have no problem using the
dumpsters for the residents to bring all their items to, so why not
this Town. Both Mrs. Paino and Mr. Reis persisted in their efforts
to convince Mr. Croshier that the dumpster idea was not enough and
they expected a bulk pickup as discussed at that meeting; however,
Mr. Croshier insisted that this was not a definite matter and he had
informed them he would get back to them on what he could arrange. He
made no commitment about his department conducting the pickup. Mrs.
Smith and Mr. Valdati agreed that it was just a discussion, no promises
made, but they did hope Mr. Croshier could do something more than
providing dumpsters at the Highway Department for one day. Mr. Farina
added that it was assumed that there would be some kind of a pickup,
although not a complete one, just the big items would be picked up for
the Town residents and then it would be up to them to get rid of the
smaller ones at the designated locations. Mr. Croshier disagreed,
stating that he told them he would take it under consideration and
that's what he did. There was much discussion on the matter and
Mrs. Paino felt the Highway Department should use the manpower and
equipment that the residents are paying for and conduct a bulk
door to door pickup of large items.
MRS. PAINO moved to direct the Highway Superintendent and the Highway
Department to conduct a heavy bulk item pickup throughout the Town.
Seconded by Mr. Reis
Roll Call Vote: 3 Ayes Mrs. Smith ---Abstain, Mr. Valdati---Abstain
Neither Mrs. Smith nor Mr. Valdati felt that they could direct the
Highway Superintendent to do this since he is an elected official and
runs his own department; they did, however, agree with the concept.
190
Mr. Croshier announced that he would not conduct the pickup and
recommended that the Town Board make arrangements with a private
carting firm to do this job.
Mrs. Smith suggested that further discussion be held at another work
shop meeting with the Highway Superintendent.
A request was received for a reduction of the speed limit on Chelsea
Road. Mr. Reis noted that we have sent several requests to the County
and State but to no avail. After studies were conducted by these
agencies, they felt the circumstances did not warrant a reduction of
the speed limit. He disagrees with this reasoning and suggested that
we make another attempt to lower the speed. Another resident requested
that we also request that the speed be lowered on River Road.
MR. REIS moved to request the Dutchess County Department of Public
Works and the New York State Department of Transportation to lower
the speed limit on Chelsea Road and River Road from 45 MPH to 30 MPH.
Seconded by Mrs. Paino
Motion Unanimously Carried
New Business ---
Resignations were received from Peter Howell, member of the Town
Planning Board and from Andrea Benedetto, Clerk to the Building
Inspector.
MRS. PAINO moved to accept the resignations and place them on file.
Seconded by Mr. Reis
Motion Unanimously Carried
A request was received from Robert Johnston, 31 Scott Drive for a
3 -way stop sign at the intersection of Scott Drive and Doyle Drive.
MRS. PAINO moved to authorize the Highway Superintendent and the
Engineer to the Town to investigate the area and recommend the
locations of Stop Signs to be installed.
Seconded by Mrs. Smith
Motion Unanimously Carried
Upon receipt of the recommendations of Mr. Croshier and Mr. Paggi,
the Attorney will be requested to prepare a Local Law authorizing the
installation of the Stop Signs in the areas recommended.
There was no other business to come before the Board.
MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis and
191
unanimously carried.
The meeting adjourned at 8:55 P.M.
Elaine H. Snowden
Town Clerk
Reg.Mtg. 6/6/88
d
A Public Hearing was held by the Town Board of the Town of Wappinger
on June 20, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York, on the Establishment of the Myers Corners
II Water District.
Supervisor Paino opened the Hearing at 7:05 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Thomas Wood, Attorney
Joseph E. Paggi, Jr., Engineer
Douglas Schner, Representative of Pizzagalli (Applicant)
Edward vK Cunningham, Attorney for the Applicant
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mr. Cunningham, Counsel for the Applicant, noted that he would address
the environmental portion of the application later in the Hearing,
since the Board cannot take action on this until the environmental
work is completed and accepted. He stated for the record that the
petition to the Town Board to establish this water district had been
filed with the Town Clerk, and basically speaks for itself. It
indicates that certain improvements have been constructed in the
proposed district which is described in the petition; also there will
be no cost to the Town to establish said district. It is signed by
the sole property owner in the district and asks that the district be
formed. Pursuant to the petition, an Order establishing the Public
Hearing was adopted and the notices have been properly published and
posted.
Mrs. Paino asked the public if they had any comments or questions on
the subject matter.
Mrs. Mary Schmalz, 7 Edgehill Drive, asked if the purpose of the
formation of this water district was to allow the Atlas Water District
to hook up to the Town storage tank; the Engineer replied that it is
the purpose, however, it is a mutual agreement and benefit in that
in times of drought to the Sprout Aquifer, CWWIA will be able to
pump up to 400 gallons a minute from the Atlas system to the Hilltop
storage tank, so it is mutually beneficial to both systems. We will
provide water to them, if needed, during emergencies. We did
experience a bad drought in 1981 and statistics have proven this
could happen every seven years, so it could occur at any time and if
so, we will have another source to turn to.
Mrs. Schmalz's next question was whether the Town was considering
buying the Atlas Water Company; Mrs. Paino responded that the principal
of that company is interested in selling to the Town and the Board has
had one work shop meeting on it. When the Engineer completes his
assessment of this system, the Board will hold future work shops. It
was pointed out that this, too, could prove to be beneficial to the Town
since it would give us access to the Wappinger Creed Aquifer which is
less subject to drought periods than the Sprout Aquifer. It was explained
that this new district, if approved, will serve two IBM buildings ---the
new one yet to be constructed and the one adjacent, the frontbuilding
is in the CWWIA. Mrs. Schmalz continued with her questions and concerns
and wondered how the Town district will serve other buildings when it
is not capable now of serving the whole district. Mr. Paggi provided
her with various figures pertaining to the capacity of the tank and
the fact that there will be a safeguard between the two systems that
will shut down the Town system when it reaches 60% of its capacity; if
they get down to 24 feet and the direction of the flow is from CWWIA
to Atlas, the flow will stop; the purpose is to provide them with water
during emergency from 40' to 20' which is a substantial amount. Yes,
it would be fine for them to have another storage tank, however, this
would defeat the two -fold purpose this district is intended for, that
of providing CWWIA with water when needed. The mutual benefit idea is
what it is all about. Mrs. Schmalz agreed that the concept was good
and as far as she was concerned, IBM could build in the Cranberry
development as long as they were serviced with Atlas water, she did
not want any more water taken from CWWIA. Her main concern was
drawing on CWWIA and leaving the residents without water; she also
persisted on information regarding the water usage of the second IBM
building although Mr. Paggi informed her that this amount would have
nothing to do with the water to be drawn from CWWIA since that was only
for emergency and fire protection and there was a safeguard to protect
the CWWIA users. Mr. Paggi answered that #2 IBM building uses approxi-
mately 12,000 gallons daily from the Atlas Water System which it will
remain on even if this new district is formed. Mrs. Schmalz listed
other concerns, such as who will pay for another storage tank for
this district if they need it; Mr. Paggi responded that if that district
needs one, they will be the ones that will pay for it, which consists
only of the IBM building. Now that the Town is entertaining this request,
she was sure, knowing this Town, that others would follow and they will
also consider them which will use more of their water. Mr. Cunningham
felt no others would request to form a district for quite some time
since his client just spent $650,000 to interconnect. Mrs. Schmalz
concluded her comments and questions emphasizing that they were her
concerns and she wanted to voice them.
There were no other comments made on the matter of establishing the
Myers Corners II Water District.
MR. REIS moved to close the Public Hearing, seconded by Mr. Farina
and unanimously carried.
The Hearing closed at 7:20 P.M.
laine H. Snow en
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON THE
CONSIDERATION OF THE ESTABLISHMENT
OF THE MYERS CORNERS II WATER DISTRICT
STATE OF NEW YORK )
SS:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 June 3rd, 1988, your deponent posted a copy
of the attached notice of Public Hearing on the Establishment
of the Myers Corners II Water District, 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.
Sworn to before me this
day of A4fi14.C.— 1988.
Ce J
Notary Public
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
Mum' PUBLIC. STATE OF NEW YORZ
NO. 4866032
QUALIFIED IN DUTCHESS COUN1
COMMISSION EXPIRES AUG. 4, i
4 -
At a
<Ata regular meeting of the Town Board
efthe Town of Wappt ger, Dutchess Coun-
NM
20 Mid.
ti.10Myayh�R10 d, 10
said Town on theAmid et the Town i5day
ofPRESEM' ,H •- .
-
Supervisor Wan Pin. ^Councilman Vincent F
- 9'
4 Wandnsb
Nn David Reer s -
• Councilwomen Constance 8mltln ,"
Councilman Robert Valdata.
ABSENT:490-
Nae:
in the maw of the petition of the owner
el one hundred percent (100%) of the
dreathe propcsedl
10tfl
Town of Wappinger, County of
Dutch's',
State of New York bid ing to the
wet completed eeeeeenentt roll of the said
town for the creation of the Myers Corners
I Water Dieing.
WHEREAS, a petition tied February 28,
1988 has been presented to and Med with
the Town Board of the Town of Wappinger
according fo law, requesting that a water
district, as hereinafter described, be
crested In the Town of Wappinger, and
WHEREAS, said weer district shall be
bounded and described as follows:
AN that parcel of end .Wats in the Tam
of Wappinger, County of Dutchess and
State of New York bounded and described
as follows:
Beginning at a point in the nonhwsaer-
ly line of lands now or fonnedy of PiaagaNi
Gluey, being a store wait,
said ing the northeast Corner of
lad_ r 01mwly 04 Sherman and be-
ing 45" E 3.611eet from an kon
�pid northerly be
d.-1-47'0'W..t 309.83of 1.1
to a point on the easterly aid of a private
road, theles along One northerly end of said
private road, known as Four fF Court:
2North 87'47'-10"West 60feet foa
point on the northwesterly corner of said
private rose, thence along the westerlysids
of said privets road;
3.South 22'-12'40" West 137.9 est
to an Non pipe found being the northeast
corner of lands now or formerly of Levine,
therm along the northerly fine of the lads
now or tannery of Levin.;
4. Nath 71' -15' -10" West 377.00 est
to the northwest corner of Weds now or
formerly of
the of lands now or formerly a
WVC Realty Corp., thence along the Wt
mentioned We and alone the seat be of
lands now or formerly of MacDonald the
following :coougmsess (tie first 7 courses b.•
5. North 21' -42' 47" East 58.27 eat,
8. Nath 24' -10' -07" East 74.25 est,
7. Nath 22' -10' -35" East 2015 feet.
8. Nord 24' -68' -02" East 100.37 feet.
9. North 15° 40' -33" Eat 344.38 eel.
10. North 13' -45' 47" East 64.00 est,
11. North 22' -2r 45" East 28.75 feet
to a pan being the ell of said stonewall,
12. North 20° -25' -03" East 34.88 feet
>o the ell of a stonewall on the south
hlilire
Wddpp01111 De afor formerly er 25
C
10..).,
1 -7' •
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET - WAPPINGERS FALLS
NEW YORK - 12590
Inst north from an old spring, Mer10e alorw
the last mentioned N e the
Gowns; (tin first 19 twureIS beNng , w
131370' 41' -44" Ent 16.16 We4...r,
14. North 61r 46' 42" Eat 26.62 Wet,
15. North 49'-20'-21" East21.61 feel,
16. North 32' .34' -42" EAI 22.66 Wet,, •
17. North 45' -49' -38" Eafeet;
41.66 fe
•--111. North 22' -14' 49" East 15.34 feet,
- 10. North 1* -06' -25" East 13,20 Wei,- 3 j
20. North 23' -03' -00" West 120.73 fest,
21. Nord 8' 42'• -19" Wast 79.85 WI,
22.North 11'-64'32"East 129.75feet,
23. North 11' -12' .43" East 43.87 eel
to an Won pipe found 1n a stonewall corner.
24. North 9' -08' -23" East 19.37 fest . •
v t' 26. North 85' 34'40': East 70.00 Net, •
- • 26. Nath 66' -04.45" Fast 50.84 Wet,
27. North 9' -10' -11" East 59.2115*,
28. North 71' -27' -15" East 61.21 eel,
29. Nath 70' 42' -40" East 41.90 Wet,
• 30. Nath 65' -49' -48" East 34.41 Wet,
31. North 70' -27' -12" East 53.29 tel .
le a point near Me ell of said stonewall,
three leaving said stonewall,
s. 32.South 24• x',27" EW 127.9 Wet
. w. WOn pe 10ulld,
to 33. an kou piia5' " East 9.6/ feet
34. Nath d0' 36' -12" EaI34210 Ta •
Io a point at tin beginning of a Marnwa l .-
• and anthwing along geld stonewall,
35. Nath 47' -27' 49" East 313.92 Wet,
96.North57'-42'41"East34.9Wet
i 37. North 46' -05' -01" East 55.78 feet,
_ 38. Nath 45' -27'.22" East 19.90 eel,
o., 39. North 52' 39.41" East 36.041 S1..
40.North 85'-20'-19"East 11.49feet
• to a point ont he west Nina land now or
" formerly of Humesbn, thence along be last •
r mentioned Nne being along a Monorail the
following 3 courses;
41. Sash 18' 43' 44" East 132.38 Wet,
42. South 19' 47'46" East 162.49 Wet,
43. Bouts 21' -28' -01" East 19.27 Wet
. to s concrete monument Lound, thence
• along the west linea lands now or loner-
` of Cg aHudson was 6qbs along • stonewall iow2 ..
cows..; -
44. South 19° -40' -10" Emit 129.76 Wei,
45. South 21' -24' -40" East 175.92 feet •
• 10 a concrete monument found, thence
ralong of lands
. now or�fortnsny of Ptuagl6 west and northwest NveDeveloopment
Company and along a stonewall the IoIow-
• Wng 3 courses:
- 48. South 19' 42' -20" East 103.08 test,
47. South 43' 44' 40" West 545.04 Wet,
• . 48. South 44' -08' -20" West 397.41 eel
to the point of beginning.
Containing a Na Bearing.�Mite b0Ubera1� more
Paage
158, Wads now or formerly of Plaagaili
�tCompany. and
, the maximum amount pro-
,
ros ported to be expended for the construction
, of waterworks and isition of land for
said district is Zero (0) Dollars, and
_ WHEREAS, the ktpr0vements for said
- water district consist of the existing con-
struction
o n-1tnwllon of the water works, and the loco -
tion thereof, including p�w,�apterr inmains, •
distributingg station
. and these shallbe�approved by the Tam
WHEREAS, the expanse occasioned by
the creation, operation ad maintenance of
the said water district rhea its aseteeed,
levied and several 1011d from the sever
and parcels of Iain within the said district
In proportion as newly may be to the be .fit
which each lot or parcel of lard in said
district will drive therefrom.
Now, on motion Of Sup•rvNa Irene
Palle, seconded by Councilman David
Reis, all members pennant voting therefor, _
Nit
ORDERED that • meeting of the Tam
Bard d the Town of Wappinger be held
a1 the Town, IL 20Road, In
laid Town, on the 20th day of Jute, 1988
17 00 ecru* Pat. paesea'aImo, to cow
alder said petition and to hear all parsons
Ndsnned In the aub)sct thereof eons-
ing One sons, and for such other Won on
the part of the Town Board with relation to
such petition as may be required by law,
and NM -
FURTHER pORDHIED acidotice such 'the
Town
publishing • certified copy the order ng a.
the Town Boob of said Town ones in the
Southern Dutchess News, the official papa
of said Town, the publication -thereof to be
not res then ion MR mere than twenty days
before to de esttor the hearing, and sold
Town Cern shall anter cense loopy Meed
to be posted on the signboard of sald T
maintained pursuant to subdivision 5 a
Section 30 of the Town Law not lees then
en nor mere than twenty OM, More the
Say set tor the hearing as a remOd.
SPATE OF NEW TOW r ;
COUNTY OF DUTCHESir t
I, the undersigned Cern of the Town of
WappingerDutcher* County, Now Yolk
00 HEREBY CERTIFYt..,
That I have corryert the lorwaUno espy
Boardsaid Town the order
baro a said Town, . .
contained therein, holdan•t a 18th try of
May, 1988, with the original thereof on be
in my olfio., and that the suns Y a true and
correct eoapy of said originaloriginalold a the
re
said original so fa se the suns
Wales to the subpart matters therein refer-
red
I FURTHER CERTIFY that all members
W ealdp Board led due notice a sold
rneet
1 FURTHER CERTIFY that, pursuant to
Section 103 of the Pubalc O Wets law
(Open MeetignegrseLal Laaw)),,sslohlld meeting was
open
FURTHER CERTIFY th5t, PRIOR to the
to thetime of said meeting, I duty caused a public
nodal a the time and Laos of said meeting
10 be given to the following newspapers
andlor other news media as follows:
Newspaper and/or other news
aemsddia
- given
January 5, 1968
Southern Dutcher ,.._
ournal
qed� �:1NBNR, WEOK, WK,P
1 FURTHER CERTIFY that PRIOR be the
titre of said meeting, ) duly caused pukes
notice of be time and piece of said meeting
to be conspicuously posed In the 1o6ow-
hq deupna puotlo Iron(s) on the
following dales:Designated .._
Location-
of mord notions a) Dae of Posting
Bin Board Town Nag
maintained by Tam Clerk
January 5, 199
IN WITNESS WHEREOF,1 have harem.
to so my hand and inbred the gala said
Tam Me 3rd day of June, 1988.
ELAINE H. SNOWDEN'
�. . . Town C*sd
., ��`., �, • sub- "-1 'r��t., .
AFFIDAVIT OF PUBLICATION .
State of New York,
County of' Dutchess,
Town of Wappinger.
Town of Wappinger, Dutchess County, New '
being duly sworn, says that he is, and at the sf
times hereinafter was, the .13QS?kkM:.t= ..
of the SOUTHERN DUTCHESS NEW
newspaper printed and published every Wedn
in the Town of Wappinger, Dutchess County.
York, and that the annexed NOTICE was
published in the said newspaper for one
successively in each week, commencing o
8th.day of June..., 19..8.8 and c
following dates thereafter, namely on
and ending on the Eth... day of J
19.8.8. both days inclusive.
ift/
cs
Subscribed and sworn to before me
this ....$.tlz... day of .... ..�.....
Notary F
My commission expires
RACHEL WISHART
NOTARY PU L:C. STATE E C NEV.
OUALIFIEU IN CUTCY,ESS COL'
# 14-4355902
COMMISSION EXPIRES MARCH 31
A Public Hearing was held by the Town Board of the Town of Wappinger
on June 20, 1988 at the Town Hall, 20 Middlebush Road, Town of Wappinger,
Dutchess County, New York, on Two Amendments to the Zoning Ordinance.
Supervisor Paino opened the Hearing at 7:30 P.M.
Present: Others Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Constance Smith, Councilwoman
Robert Valdati, Councilman
Elaine H. Snowden, Town Clerk
Thomas Wood, Attorney
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Paino explained that the first Amendment, Section 711. Fees
would, in the future, if this is adopted, allow the Town Board on an
annual basis to set fees for both the Zoning Board of Appeals and the
Planning Board, by resolution. They shall then become effective ten
days after their adoption by the Town Board.
Mr. Wood added that the procedure would be streamlined by the adoption
of this amendment in that a public hearing would no longer be required
to set these fees. It would also consolidate the fees of both Boards
which would enable better record keeping.
The Planning Board approved both Section 711 and Section 712 on the
appointment of the Zoning Administrator as Clerk to the Planning Board.
The Zoning Board of Appeals forwarded their approval of Section 712
on the appointment of the Zoning Administrator as Clerk to the Zoning
Board of Appeals.
The second Amendment on Section 712. Clerks designates the Zoning
Administrator as the Clerk of both the Zoning Board of Appeals and
the Planning Board. He shall be the official custodian of all records
of these Boards and shall be authorized to issue certified copies of
such records. There will be no additional monies to the Zoning
Administrator to perform these duties.
Mr. Wood explained that it does not vary the statutory responsibilities
of the Town Clerk who is the official keeper of the records of the Town;
basically it will facilitate two things ---the Clerk of these Boards
will be able to certify the records of the two Boards and he will be
an additional person who can be served on any court proceedings. In
answer to Mrs. Smith's question, he does not have to be certified to
perform these various duties.
There were no other questions or comments from the public on either
of the two Amendments to the Zoning Ordinance.
MR. REIS moved to close the Public Hearing, seconded by Mr. Farina
and unanimously carried.
The Hearing closed at 7:35 P.M.
l_�fltt.y `v S
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
AMENDMENTS TO THE ZONING
ORDINANCE (SECTION 711 (FEES)
AND (SECTION 712 (CLERKS)
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger,
and State of New York.
That on June 7th, 1988,
of the attached notice
County of Dutchess
your deponent posted a copy
of Public Hearing on Amendments to
the Zoning Ordinance, on the signboard maintained by your
deponent in her office in the Town Hall of the
Wappinger, Middlebush Road, Town of Wappinger,
County, New York.
Sworn to before
day
day o f
.
Notary Public
me this
1988.
Town of
Dutchess
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, STATE OF NEW Tam
NO. 4866032
QUALIFIED IN DUTCHESS COU
COINASsimi WIRES AUG. 4, 19..a.
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
PUBLIC NOTICE
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will con-
duce a Public Hearing on the 20 day of
June. 1988, at 7:15 p.m. at the Town Hall,
20 Middlsbush Road, Wappingers Falls,
New York, to consider the adoption o1 two
amendments to the Zoning Ordinance of
the Town of Wappinger, providing for the
setting o1 fees appointing
Town Board by
appoi
Resolution and nts g the Zoning Ad-
ministrator
aminitrator as the Clerk of both the Zoning
Board of Appeals and tie Planning Board.
Al persons interested in being heard with
respect to the above matter, should be pa-
wl at the above date and time, and copies
of the full text of the Amendment may be
obtained at me Office of *410 Town
nC erk of
the Town of Wappinger,
o18:30 a.m. and 4:00 p.m.
Section 711. Fees
The Town Board of the Town of Wapp
Inger shall on an annual basis by Reseal -
tion, determineset a fee to be chttaarrgg--
ed by both the and Planning Bosrtkt
lo applicants, tpry4ns.roappkwton to War
at tides Boardss various reliefs, or IMnrs
the wrisdiCllon of the
Said tees shall be w
and shall become 1f -
which corse uro
respective Boar
on an annual bL_.-
theteeth*Town ten 1( Old. Matter y �n aceto tee aion �1t. -:
forth in the present Zoning Ordinance of the
Tam o1 Wappinger i1 hereby repealed and 1
all tees shall be detemtirred by the Town
Board as provided for in this section.. .
Section 712_ Canis
The Zoning Administrator e1 Me Tam of
W.ppl ger it hereby designated as the
Clerk of both Ire Zoning Board of Appeals
and the Planing Board of the Town o1
Wappinger. In eddhion to all of the shier
authorities vested in the Clerk by Law the
Clerk shall be the official custodian of all
records of the Planning and Zoning
of Appeals, and shall be authorized to issue
certified copies of the same upon request.
BY ORDER ARD
W P
TOWN OF PIOWN NGER
BY: ELAINE SWDE
TOWN CLERK
Dated: June
Falls,,1New York .
Wappingers
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .BQQXXPgP.�
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for one weeks
successively in each week, commencing on the
8t13. day of June.... 19..8.8 and on the
following dates thereafter, namely on
and ending on the Sth... day of June.
19.8.8. both days inclusive.
-1'/ /fir
Subscribed and sworn to before me
this ....8.tb.... day of June, 19n.
My commission expires
Notary Public
RACHEL WISHART
NOTARY PN?LIC. STATE SF tiEW YORK '
QUALIFiEU ltd CUT;' .E..3CCUNTY
# 14-4^L s2
COMMISSION EXPIRES MARCH 31, 191