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1987-08-17 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 17, 1987 BIMONTHLY MEETING 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CAT"( PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. July 20, 1987 4. REPORTS OF OFFICERS: Town Justices Zng. Adm. Hydrant Sup/Compt. Dog Control Officer Receiver of Taxes 5. PETITIONS & COMMUNICATIONS JI°4•;%/2 /OA-- - a. -.,Triivetittcape, or representative, U.S. Postal Service re: New numbering system b. R.E. Lapar, Chairmen, Committee to Protect Our Residential Caricature request update report on Zoning Application of Contra]. c. Numberouls Correspondences from residents opposed to proposed residences for DCARC at Kent Rd. and Top O'Hill Rd. d. Three (3) Notices of intent to renew Liquor Licenses: Na Nino; Smyles; and Al Di La (formerly Brendons at Airport) e. Hughsonville Fire Dist. re: reappointment of'E. Dominallo and appointment of Michael Stanulewich (to fill Brookers Vacancy) on T/W Fire Prevention Bureau f. Ping. Bd.: Notice of Type 1 action for Highland GlenDev. on Cedar Hill & Jas. Klein Sugd. on Kent M. & All Angels: 2 Neg. Declarations LeRoy & O'Donnell, and 1 Posotive Declaration -Nicole Farm g. H. Levenson re; Memo on 90 Day Forestry Moratorium and also request attend Planning Fed. Seminar Oct. 18 -20th h. Petition for Bike Paths on both New Hackensack Rd. and Widmer Rd. i. J. Paggi, Eng. to Twn.,Correspondence re: Edgehill Drainage Project and E. Newmar concerns j. Conservation Advisory Council re: re -designation of Green Fly Swamp with letter from Wm. Crane k. Hawkers & Peddlers Lic. application from Michelle Cuchelo 1. Memo from D. Brown, W & S billing Clerk re: Sealing of Water Meters m. Memorandum from FEMA re: suspension of several specific revidions to National Flood Insp. program n. Memo from Ping. Bd. re: Performance End for Lookout Point Subd. 6. COMMITTEE REPORT 7. RESOLUTIONS a. ConsAr amendment to Cons. Park Dist. for Kendell Farms Lots 19 & 20 b. Introduce LL for various Stop Signs - and - set Public Hearing 1 c. Tax reviews from: Nussbickel Brothers Realty Corp.: Wappingers Falls Plaza Assoc.: Plaza 9 Assoc.; & Navin Gupta 1 d. Consider acceptance of Schnabl Court as Town Rd. e. Consider waiving remainder of Downstream Drainage Fee for J. Kleins" HARK Plaza f. Request by Ronald Gross for refund of portion of Bldg. Fee ($,173.00)! g. R. Croniser Construction request return of Cash Performance Bond, and Acceptance of Cash Maintenance Bond for Sabia Drive 8. UNFINISHED BUSINESS A. Response from County re: drainage at Schlathous Park B. Hughsonville Fire Dist. re: representative to PASNY funding Comm. C. Expanding Scopes of Consortium Funds D. Corr., from D. Co. Dept. of Planning re: review and comments on proposed Watershed Rules and Regulations for T/W 9. NEW BUSINESS 10. ADJOURNMENT Reminder: Public Hearing on Lot realignment for Klein s Kendell Farm Cons. Pk. Dist. at 7:15 P.M. 210 The Regular Meeting of the Town Board of the Town of Wappinger was held on August 17th, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:30 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: David Reis, Councilman Others Present: (Son's Operation) Thomas Wood, Attorney Joseph E. Paggi, Jr., Engineer Herbert Levenson, Zoning Administrator All joined in the Pledge of Allegiance to the Flag, followed by a moment of silent prayer for our Town and our residents. The Minutes of the Regular Meeting of July 20, 1987, having previously been forwarded to all Board Members, were placed before them for their consideration. MR. VALDATI moved that the Minutes of the Regular Meeting of July 20, 1987, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Visconti Motion Unanimously Carried Reports for the month of July were received from the Town Justices, Zoning Administrator, Hydrant Report, Supervisor/Comptroller and Receiver of Taxes. MR. FARINA moved to accept the above stated reports and place them on file. Seconded by Mrs. Paino Motion Unanimously Carried Petitions & Communications --- John Viola, Postmaster of Hopewell Junction, was present to address the Town Board regarding proposed changes to the street address system that will be implemented shortly. At present in Hopewell Junction, residents' addresses are rural routes and postoffice numbers; they are proposing to change this to individual street addressing. The advantages to this proposed change include easier location and destination for emergency services (police, fire, ambulance); permanent addressing for customers vs. the box system. Mr. Viola explained that 211 the box system is changed each time the Town expands which occurs each year by approximately 600 families; the street addressing will be a permanent address, it will not change each time the population changes. The new system will provide more efficient delivery of mail since it is much simpler to sort street addresses than rural routes and box numbers. Their intent is to implement this change early in 1988 since there will be a route adjustment in October and November and this time is not considered a feasible time to change. The Postoffice will do the numbering and notify the customers about three months in advance of the effective date. Mr. Viola entertained questions from the Board and the public at the end of his presentation and thanked the Board for their time. Rudolph Lapar, Chairman of the Committee to Protect Our Residential Character in the matter of the Contrail Rezoning Application, was present to address the Board on this matter. He first questioned the Attorney whether the Town Board could deny a rezoning request anytime during the proceedings that the applicant must follow; the Attorney responded that if the Town Board does not set a Public Hearing on the application, the petition will not be considered; if a Public Hearing is held, it still may be denied, following the Public Hearing. Mr. Lapar then referred to the Committee's June 2, 1987 letter which was addressed by the Board at their June 15, 1987 meeting, and included a request for individual answers from the Board to concerns stated in the letter relative to the rezoning application. To this date the Committee has not received the response they requested and he expressed his disappointment. At that meeting, the Board Members individually commented and agreed with several of the items included in the communication and it was Mrs. Paino's opinion that a work shop should be held with pertinent committees and agencies of the Town with the intent of incorporating the proposals into a Town Policy. Mrs. Paino pointed this out to Mr. Lapar mentioning that until this was completed, the Board Members could not respond to his request. The Growth Committee will not meet until Wednesday of this week and the matter will also be discussed with the Zoning Administrator; the two week time period he requested could not be met, however, Mrs. Paino stated that by mid-September, the response in question would be written to the Committee. One of the items mentioned called for a Site Specific 212 Plan to be submitted with every rezoning application and although the other items were important, Mrs. Paino felt that this above all should be adopted by the Board. MRS. PAINO moved to set a Public Hearing on September 21, 1987 at 7:30 P.M., at the Town Hall in the matter of a Town Policy to require all rezoning applications to submit a Site Specific Plan and in the matter of a Public Hearing on a rezoning, all abutting owners be notified by certified mail. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Visconti requested that the abutting owners be notified as she felt it was important for the people of the area to be aware of any future development proposed for the neighborhood. The other Boards of the Town practice this notification in the event that it is not noticed in the "Legals" of the official newspaper. Mrs. Paino agreed that this would become part of the policy. Numerous correspondences were received from residents in the area of 38 Kent Road and 34 Top O'Hill Road, opposed to homes proposed by the Dutchess County Association for Retarded Children. These letters were copied to pertinent Town Officials+the Fire Prevention Bureau. Mrs. Paino noted that she has planned two work shops for discussion of the proposed homes ---Wednesday, August 26, 1987 for the residents of the Top O'Hill area at 7:30 P.M. and Thursday, August 27, 1987 for the residents of the Lake Oniad Area, also at 7:30 P.M. Also requested to attend were the Attorney to the Town, Zoning Administrator and a representative from the DCARC. The subject matter specifically affects the areas mentioned, however, they will be open meetings and the general public will be welcome. It was also noted that each resident of the respective areas will be notified by letter of the work shop discussion. Three Notifications were received of intent to renew Liquor Licenses from: Da Nino Italian Restaurant, 41 Middlebush Road, Smyles, Route 376 and Maloney Road and Al Di La Restaurant at the Dutchess County Airport (formerly Brendons), all located in the Town of Wappinger. MRS. VISCONTI moved to receive the Notifications and place them on file with no comment. Seconded by Mrs. Paino Motion Unanimously Carried 213 Arthur Waddle, District Secretary of the Hughsonville Fire District, informed the Board that Michael Stanulewich was appointed to fill the vacancy created by the resignation of James Brooker on the Fire Prevention Bureau and Edward Dominello has been reappointed to another term on that Bureau. MRS. PAINO moved to confirm these appointments and notify Mr. Waddle. Seconded by Mr. Farina Motion Unanimously Carried Several notifications were received from the Planning Board including two Type 1 Actiow(Highland Glen Development Corporation and James Klein Subdivision at Kent and All Angels Hill Road; three Negative Declarations, Desai Subdivision, LeRoy Subdivision, Lot #1 and O'Donnell Subdivision; one Positive Declaration, Nicole Farms. These notifications pertain to actions required by SEQR. A request was received from Herbert Levenson, Zoning Administrator for the Town Board to take the necessary action to extend the present 90 day moratorium on forestry practices for forty-five days. The Town's Local Law #11 of 1987, adopted May 4, 1987, established a 90 day moratorium on cutting, felling or logging of more than six trees per acre for market or sale to a sawmill. The 90 days has expired and it will now be necessary for the Town to amend this Local Law and extend it for 45 days. The Attorney was requested to prepare the proposed Local Law for a Public Hearing at the next Town Board meeting. MRS. PAINO moved to introduce an amendment to the present Local Law and extend the moratorium for 45 days. Seconded by Mr. Farina Motion Unanimously Carried The following resolution was offered by MRS. PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 17th day of August, 1987, a proposed Local Law Amending Local Law #11 of 1987, Establishing a 90 Day Moratorium on Cutting, Felling or Logging of More Than Six Trees Per Acre for Market or Sale to a Sawmill, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger, on the L 214 21st day of September, 1987 at 7:00 P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Farina Roll Call Vote: 4 Ayes Mr. Reis ---Absent A second request was received from the Zoning Administrator, Herbert Levenson for permission to attend the New YOrk State Planning Federation at the Nevele Country, October 18th through the 20th, 1987, at no cost to the Town. MRS. PAINO moved to grant permission to Mr. Levenson to attend the conference on the dates requested, and as stated, at no cost to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried A petition was received from residents of the Wildwood Drive and Widmer Road area for a bike path from Route 9 to All Angels Hill Road, also on New Hackensack Road. MRS. PAINO moved to refer this petition to Kenneth Croshier, Town Highway Superintendent and Commissioner James Spratt, Dutchess County Department of Public Works, for their review and recommendation. Seconded by Mr. Farina Motion Unanimously Carried A report was received from the Engineer regarding drainage concerns on the Edgehill Project expressed by a resident of that area --- Ed Newmar, 30 Edgehill Drive. Mr. Paggi explained that the work in that area was completed, however, it has been noted by Mr. Newmar that the main discharge pipe, 48" in diameter, is located on an easement that goes through his property and he's concerned that children could enter that pipe and cause a threat to their safety. For this reason Mr. Newmar suggested that a metal trash rack be placed on the end of the pipe to prevent entry into the pipe; Mr. Paggi felt this was a valid concern and concurred with Mr. Newmar's recommendation to alleviate the problem. The Highway Superintendent has agreed to have his department install the trash rack. The second item brought up by Mr. Newmar was the fact that previous to the construction on the ease- ment located on his property, there were trees, shrubs, etc. He has 215 suggested restoration of the shrubs to mitigate the visual impact of the project. Mr. Paggi also concurred with this recommendation noting that it has been done with previous projects and was looking for authorization from the Board to plant low evergreens along the top of the ditch to visually screen the pipe and ditch; he suggested that the Highway Department do the planting or the contract on the Edgehill Project could be extended. He estimated that the cost would be approximately $200.00 if the Highway Department agreed to do the work. MRS. PAINO moved to request the Highway Superintendent to install the trash rack and plant the shrubs, as recommended by the Engineer, for a cost not to exceed $200.00, including materials and labor. Seconded by Mr. Farina Motion Unanimously Carried It was noted by the Engineer that the shrubs would be planted with the understanding that Mr. Newmar would have to maintain said shrubs. Mr. Lapar, was recognized by the Chair, and requested that the Attorney look into the legality of the installation of the trash rack and who was going to maintain it. Mrs. Paino agreed and also brought up the fact that if the rack was not installed and a child decided to explore, and met with an accident, would the Town be liable ---the Attorney was requested to investigate this possibility. Correspondence was received from the Conservation Advisory Council requesting that the Greenfly Swamp be redesignated a Critical Environ- mental Area. Mrs. Paino requested that this correspondence be referred to the Attorney and Engineer to the Town, also the Zoning Administrator for their review and recommendation. The following letter on this subject from Attorney William Crane, addressed to the Supervisor, was read into the Minutes: August 4, 1987 Re: Greenfly Swamp Dear Supervisor Paino: This is to acknowledge receipt of correspondence seeking to make the Greenfly Swamp a Critical Environmental Area. We are the owners of 32 acres of this property and note that the Greenfly swamp has failed to attract any ecological attention because it did not take its present posture until the widening of Route 9 in 1967 caused by the fact that the State of New York caused drainage from Route 9 not to be properly guided. This has made the premises an eyesore which can only be corrected by the State of New York rectifying the damage it did to this 216 property which is probably the most prime commercial location in Dutchess County. Rather than ground water recharging, wildlife habitat or nature education, the present governmental restrictions are causing the proliferation of algae, anopheles and other forms of undesirable parasites and disease spreaders. It is our recommendation that a two -fold approach should be taken by the authorities: a) re -zoning for commercial, (shopping plaza) use; and b) pressure on the New YOrk State Department of Transportation to correct the result that is being consistently visited on the premises due to improper drainage. As previously stated, the highest and best use of these premises on busy Route 9 is intensive commercial which can only be achieved by properly draining the swamp and diverting the deleterious run off. s/ William G. Crane Mrs. Paino requested that Mr. Mignogna, .Regional Traffic Director of the New York State Department of Transportation be copied on this letter. Michelle Cuchelo, Highland, New York, applied to the Town Clerk for a Peddler's License for the sale of hot dogs throughout the Town. At the time she applied, she understood and signed the stipulation that she must move the vehicle 1,000 yards every half hour.. MR. VALDATI moved to grant the Peddler's License to Michelle Cuchelo to sell hot dogs in the Town of Wappinger. Seconded by Mrs. Paino Roll Call Vote: 3 Ayes Mr. Farina ---Nay Mr. Reis ---Absent Debra Brown, Water and Sewer Billing Clerk, wrote to the Board regarding the sealing of water meters. Her concern was that the Building Inspector will not seal the water meter/outside remote which was always done in the past. It seems that when the meters are sealed Mrs. Brown receives a Rockwell I.D. number which is entered into the computer and allows the reading to be processed to the right account. Mrs. Paino requested the Zoning Administrator to discuss this matter with the Building Inspector and report his recommendation to the Board by the next Town Board meeting when it will placed on the Agenda and considered by the Board. A Memo was received from the Federal Emergency Management Agency regarding the suspension of the National Flood Insurance Program Rule Revision regarding existing mobile home parks or subdivisions. This Memo was copied to the Planning Board, Zoning Administrator, Building Inspector and the Engineer to the Town. MRS. PAINO moved to receive the correspondence and place it on file 217 pending recommendations from the respective departments. Seconded by Mr. Farina Motion Unanimously Carried A Performance Bond for Lookout Point Subdivision, (14 Lots, Peter & Michael Drives) was referred to the Town Board by the Planning Board. The Engineer had provided a cost breakdown of the items involved and noted that the amount for the water booster station was estimated, as the New York State Department of Health has not as yet approved the system. The total amount of the Bond was calculated by the Engineer at $281,018.00. MR. VALDATI moved to accept the Performance Bond for Lookout Subdivision, per the Engineer's recommendation. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports --- Mr. Valdati, member of Village Lake Committee which has been involved in the cleaning of the Wappinger Lake for a number of years. The Harvester Machine seems to be functioning properly at this time, however there is a lack of manpower to operate, the machine. He has been requested by members of the Committee to spread the wordthat volunteers are needed for this work. The Lake, he pointed out, is for the enjoyment of all, not just the Village people, but they do need help in cleaning it so it can be used. He asked all present to recruit volunteers, if possible, to operate the machine and clean up the algae, etc. that is presently covering the Lake and depriving the residents of this pleasure. Anyone interested was requested to contact the Committee Chairman, Rudy Breglia, 297-8405. MRS. PAINO moved to send a letter to the two high schools requesting the students of driving age who we assume, would be responsible young adults, to contact Mr. Breglia, if available and interested in doing this volunteer work. Seconded by Mr. Valdati Motion Unanimously Carried L 218 Mrs. Paino noted, as previously mentioned, that there will be a Growth Management Committee on Wednesday night and she has invited Hank DiMarco to give a presentation, as one of the Chairmen on the Scenic River Road Committee, for the Board's consideration of incorporating the River Road plan into the Town's Master Plan and Zoning Ordinance revisions. Mr. Farina, Landfill, reported that although Royal Carting Company has increased rates by 61% for the pickup on the Saturday Morning Program, the current rates being charged to the residents will remain the same for the next quarter. Mrs. Visconti reported that she had attended a meeting for public officials in Dutchess County, at the invitation of the Dutchess County Chapter of the United Way. The functions of this organization were explained and the officials were encouraged to participate in the program to become knowledgable of the operation. The meeting included a presentation on Tel -Med, a telephone library of recorded health messages; they also provide a hot line to provide information to those who need it. At the Dial -A -Ride meeting, information from the Dutchess County Transportation revealed that the busses have not maintained a proper schedule on operation and maintenance. Due to this, the County is contemplating a facility to house their vehicles and are seeking consideration by the Legislature to fund said facility for the Loop busses. They will also consider the bidding process for the Loop and Dial -A -Ride systems. The Dial -A -Ride services the visually handicapped which makes them qualified for funding. Resolutions --- A Public Hearing having been held by the Town Board on August 17, 1987 on the Revision of Boundaries and Description of the Kendall Farms Conservation District, (Lots 19 and 20), the matter was placed before them for their consideration. MRS. PAINO moved to approve the Amendment to the Revision of Boundaries and Description of the Kendall Farms Conservation District (Lots 19 and 20), as requested by the applicant (James Klein). Seconded by Mr. Farina Roll Call Vote: 4 Ayes Mr. Reis --- Absent *Resolution attached hereto and made part thereof of the Minutes of this Meeting. 219 The Town Board had previously received requests for various Stop Signs in their respective areas and had referred them to the Highway Superintendent and the Engineer to the Town for investigation. The Attorney to the Town was in the process of preparing a Local Law Authorizing the Highway Superintendent to place Stop Signs at the locations recommended by the officials, and requested that the Board Members set a date for a Public Hearing on said Local Law. MRS. PAINO moved to introduce a Local Law Regulating Traffic Within the Town of Wappinger. (Attached hereto) Seconded by Mr. Farina Motion Unanimously Carried The following resolution was offered by MRS. PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board on the 17th day of August, 1987, a proposed Local Law Regulating Traffic Within the Town of Wappinger, and WHEREAS, the provisions of the Municipal Home Rule Law requires that no local law shall be passed by the Legislative Body of the Town until a Public Hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger, on the 21st day of September, 1987 at 7:10 P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Mr. Farina Roll Call Vote: 4 Ayes Mr. Reis --- Absent Tax Reviews were received from Nussbickel Brothers Realty Corp., Plaza 9 Associates, Ltd., Wappingers Falls Plaza Associates and Navin Gupta. MRS. PAINO moved to refer the above stated Tax Reviews to the Attorney to the Town to answer and defend on behalf of the Town of Wappinger. Seconded by Mr. Farina Motion Unanimously Carried A report was received from the Engineer to the Town advising the Board that they recommend the acceptance of Schnabl Court as a Town Road; the right-of-way and easement description for this road has been examined by Mr. paggi and found to be in order with the filed map. 220 The Attorney stated that he had examined the deed to Schnabl Court and found it to be proper in form and content. The Highway Superin- tendent had previously advised the Board that this road meets the Town road specifications and he would accept it as a Town Road. All necessary documents had been received and were acceptable. MR. VALDATI moved that the recommendation of the Highway Superin- tendent be accepted, and Schnabl Court be accepted as and for a Public Road in and for the Town of Wappinger. Seconded by Mrs. Paino. Motion Unanimously Carried A report was received from the Engineer regarding the waiver of Downstream Drainage Fees for Hark Plaza. Mr. Paggi explained that the developer (James Klein) had agreed, at the time of approval, to perform capital construction work, in lieu of the drainage fee. In evaluating the amount spent by the developer to correct the drainage, the Engineer noted that it was in excess of the fees required for this construction. He, therefore, recommended that the Downstream Drainage Fees remaining for this project, be waived. MRS. PAINO moved to waive the Downstream Drainage Fee at the recommendation of the Engineer to the Town,, Seconded by Mr. Farina remaining on Hark Plaza and Highway Superintendent. Motion Unanimously Carried A Memo was received from Thomas Classey, Building Inspector, recommending that a refund of $173.00 be allowed to Ronald Gross due to the fact that the building application was withdrawn within ninety (90) days. The total fee paid by Mr. Gross was $346.00, however, due to insufficient funds, the application was withdrawn, and he is entitled to a portion of the amount paid, as calculated by the Building Department Fee Schedule. MRS. VISCONTI moved to refund Ronald Gross a portion of his building permit fee in the amount of $173.00, as recommended by the Building Inspector. Seconded by Mr. Farina Motion Unanimously Carried A request was received from Raymond Croniser of Croniser Construction Corp. for the return of their performance bond in the amount of $25,150.00 for Sabia Drive. This bond, posted in 1982, was now replaced by a certified check in the amount of $5,030.00 for the 221 maintainence bond (20% of the performance bond). Both the Attorney and the Engineer to the Town recommended that the amount of the performance bond be returned, since Mr. Croniser had followed the procedure which was acceptable to both officials. MRS. PAINO moved to return the performance bond in the amount of $25,150.00, to Raymond Cronisher and accept their certified check in the amount of $5,030.00 for the maintenance bond for Sabia Drive. Seconded by Mrs. Visconti Motion Unanimously Carried Unfinished Business --- The following letter was received from Dutchess County Department of Public Works regarding a drainage problem at All Angels Hill Road and Myers Corners Road (Schlathaus Park): August 5, 1987 Re: Drainage Problem All Angels Hill Rd. & Myers Corners Rd. Dear Mrs. Snowden: We are in receipt of your letter concerning the drainage problem at Schlathaus Park. You noted that when this intersection was reconstructed by the County, the Town Supervisor and Engineer had requested realignment of the drainage system so as to prevent any increased discharge of water into the park. This has been done. Whatever flooding still exists is natural runoff from the hill to the east, such runoff following the natural contours which direct it into the park. The diversion of this water is not within the scope of the County's powers or obligations to alter. At the present time there lies before the Town an opportunity to have this problem resolved and that concerns the proposed Islamic Development on the hill. Our review of their plan permitted them to divert some runoff from its natural path (under the road and into the park) and into the County's system. This will help the Town's problem a great deal in times of heavy runoff. Beyond this I do not believe the County can resolve the problem. However, we would be happy to meet with your engineer at the site for a further review if the Town feels the County is remiss in any way. Thank you for your cooperation. Very truly yours, s/ Joseph W. Grogan, Director of Engineering MRS. PAINO requested the Engineer to set up a meeting with a representa- tive of the County Department of Public Works to review the situation at Schlathaus Park and report their determination to the Board. Seconded by Mr. Farina Motion Unanimously Carried 222 A communication was received from the Hughsonville Fire District regarding their representation on the PASNY Funding Panel. MRS. PAINO moved to receive this communication and place it on file. Seconded by Mr. Valdati Motion Unanimously Carried Since the Town Board plans to extend the use of funds for the 1987 Dutchess County Consortium Funds to include other sources of water supply, it is required that a Public Hearing be held. The present project for the use of these funds is for the protection of the Hilltop Aquifer. MRS. PAINO moved to set a Public Hearing on the additional use of 1987 Dutchess County Consortium Funds to include other sources of water supply on September 21, 1987 at 6:55 P.M. at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino requested the Town Clerk to place additional press releases in the local newspapers indicating that the Town Board plans on expanding the scope of the Consortium Fundsfor1987 by expending monies to research additional water resources. The Town had forwarded copies of our Draft Watershed Rules and Regulations to various involved agencies; a response was received from the Dutchess County Department of Planning indicating that they had reviewed said rules and regulations and offered their comments. The correspondence, addressed to the Supervisor reads as follows: July 16, 1987 Dear Irene: Per your request, the Dutchess County Department of Planning has reviewed the proposed Watershed Rules and Regulations for the town of Wappinger. This Department commends the town for taking this comprehensive approach to the issues of water supply and water quality. The supply and quality of water influence the quality of life in a community. Water quality and supply also influence the development potential of the community in the future. The county's master plan, Directions, supports this approach. Policy 5.2 states: "Dutchess County supports the development of local groundwater protection strategies, even in communities that currently depend on surface water supplies, to ensure that groundwater will be available for replacement or supplemental supplies, if needed in the future." 223 The proposed regulations would also implement a number of other Directions policies which deal with maintaining the quality of groundwater and minimizing sources of potential pollution. The Dutchess County Department of Planning supports the town's efforts to cooperate with adjacent communities to protect the watersheds that are tributary to aquifer recharge areas. This approach is supported by our master plan Directions (Policy 5.8) which states: "Dutchess County advocates the use of cooperative approaches to the study and management of water resource systems that cross political boundaries." The Dutchess County Department of Planning recommends that, after input has been received from health agencies, soil conservation agencies and other appropriate sources, the town consider the recommendations of various agencies and move to finalize and adopt these important regulations. Very truly yours, s/ Richard Birch, AICP Planning Supervisor MRS. PAINO moved to accept this correspondence and place it on file. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Visconti brought up the fact that the Town has been referring Tax Reviews to Attorney William Crane and asked if this has changed. Mrs. Paino responded that the Attorney to the Town, Thomas Wood, will now be defending these Tax Reviews for the Town. New Business --- Mr. Valdati referred to recent news releases indicating that recent studies have revealed there is asbestos piping in some of the water supply piping systems, not only in our town, but also in other neighboring communities. He requested the Engineer to investigate and alert the Town Board of any development in this research which will enable the Town to determine if such material would present a problem to our communities. Mr. Paggi reported that the Dutchess County Health Department has requested town to take an inventory on types of composition of water pipes in their distribution systems. This information was furnished to the Health Department by our engineering firm, to the best of their knowledge, on the amount of asbestos in the pipes. It is his understanding that the County is compiling a list, and publishing same, in comparable data, and it is their intent to establish a policy standard of acceptable compositions which will have to be adhered to. In the interest of safety, Mr. Farina requested that the Dutchess 224 County Commissioner of Public Works, James Spratt, be made aware of the fact that the road is sinking on Old Hopewell Road, westbound lane, west of the Rockingham estates and east of Spook Hill Road, on the right side. He has not mentioned it previously as he assumed it would be corrected, but it does not appear that they intend to correct the situation, or maybe they are not aware of it. MR. FARINA moved to forward a letter to Commissioner James Spratt, Dutchess County Department of Public Works, requesting that the road condition, as stated, be corrected, for the safety of the motorists using this route. Seconded by Mrs. Paino Motion Unanimously Carried Linda Smith, Executive Director of the DCARC, was recognized by the Chair and invited the Town Board to visit one of their community residences presently in operation, prior to the meetings they have scheduled next week relative to the two proposed locations chosen by the DCARC. The Zoning Administrator was pleased to announce that the Board of Directors of the New York State Planning Federation is considering our Supervisor and one other person to receive the Annual Zoning Award at their Seminar on Sunday, October 18th, 1987. There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 9:00 P.M. Reg. Mtg. 8/17/87 OLItAAAL Elaine H. Snowden Town Clerk 225 A Special Meeting was held by the Town Board of the Town of Wappinger on September 1, 1987, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:30 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Thomas Wood, Attorney to the Town Herbert Levenson, Zoning Administrator Mrs. Paino requested thosepresent to join in the Pledge of Allegiance to the Flag and a moment of silent prayer for the Town and its residents. Mrs. Snowden indicated that letters were sent to the Town Board calling said meeting for September 1, 1987, on August 24, 1987; the six news media were notified on the same date and notice was posted on the Town Clerks's Bulletin Board at the Town Hall on said date. Three matters will be addressed by the Board at this meeting---, the first will be to consider the DCARC's proposal to locate group homes at 38 Kent Road and 34 Top 0' Hill Road; the purchase of a radar gun and approve the attendance of Thomas Logan, Assessor at a New York State Assessors Conference. There will be no other business to come before the Board. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Dutchess County Association of Retarded Citizens has advised the Town of Wappinger of its intent to establish a community residence for mentally retarded citizens at 34 Top 0' Hill Road in the Town of Wappinger; and WHEREAS, the Town Board did conduct an informational public hearing on Wednesday August 26, 1987 wherein representatives of DCARC and the Town Board and residents in the area participated in a discussion of the site; and WHEREAS, the Town Board has considered all of the information given to them at said informational public hearing; and WHEREAS, under the mental hygiene law the Town Board has limited options available to them; NOW THEREFORE BE IT RESOLVED that the Town Board does hereby object to the establishment of the community residence at 34 Top O'Hill Road in the Town of Wappinger based on the fact that the location of this home would result in such a concentration of sites that a new one would alter the character and nature of the community; and 226 BE IT FURTHER RESOLVED, that the Town Board does hereby alternatively object to the specific site chosen by DCARC on the grounds that it is not in the best of interest of those who will occupy said residence and BE IT FURTHER RESOLVED, that the Town Board does hereby alternatively suggest the alternative sites annexed hereto as Schedule "A"; and BE IT FURTHER RESOLVED, that both the Town Attorney and the Town Clerk are directed to serve a copy of this resolution as the formal objection of the Town of Wappinger both upon DCARC and upon the Commissioner of Mental Retardation Services of the State of New York. SCHEDULE "A" (1) 18 Caroline Drive West Wappinger (2) 70 South Mesier Avenue Wappingers Falls Seconded by: Councilman Reis Roll Call Vote: 4 Ayes Mr. Farina ---Nay Prior to casting his vote Mr. Farina commented that at the public information meeting held with the residents of this area, there were a lot of fears expressed by them which were previously stated in the many letters received from the area residents. There was a lot of knowledge exchanged between the DCARC and the involved citizens and after reviewing all the information at hand, Mr. Farina found that the concerns were unfounded; he did not agree that they would cause an undesirable identity to the neighborhood, a marked devaluation and accelerated depreciation of residential properties, also the fear that the retarded citizens might cause an endangerment to the community. For these reasons, he could not support this resolution. The only possibility of concern, in his opinion, was the safety of the residents that will live there. Mr. Valdati felt that it was very evident at the meeting -that the objection of the residents was for the safety and concern for the premises and residents who would be housed there. They have offered alternative locations, which might possibly, pending research, prove to be the better site. If, on the other hand, alternatives had not been submitted, he would have no objection to the proposed site, nor would he object to the site if it proves to be the best location after weighing the pros and cons of the alternatives. 227 It was Mrs. Visconti's recommendation that the DCARC change their procedure when proposing a site for their clients and first approach the governing body of the location, in this case, the Town Board. If this procedure was followed, all involved parties could have worked together to achieve the goal of the DCARC, which they advocate is the achievement of independence and acceptance of their clients into the community. Mrs. Paino was in favor of this resolution for the reasons mentioned by the other Board Members; the major concern appears to be for the safety of those who will be housed in the residence. The people of the area have showed their concern and their cooperation in providing alternate sites. She felt it was important for the DCARC to look into the proposed locations, for the best interests of their clients. As stated by Mrs. Visconti, she, too, thought it would have been a better solution if the Town Board had been approached when they were searching for a location in the Town; the Board, the residents and the DCARC could have sat down together and perhaps found a proper group home for these special people. The following resolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, the Dutchess County Association of Retarded Citizens has advised the Town of Wappinger of its intent to establish a community residence at 38 Kent Road in the Town of Wappinger; and WHEREAS, the Town Board conductd an informational public hearing on Thursday August 27, 1987 at which representatives from DCARC and the Town Board and the community participated; and WHEREAS, the Town Board has considered all of the information and comments received at said meeting; and WHEREAS, the Town Board has further considered the results of a traffic study which was conducted with respect to the intersection of Myers Corners Road and Kent Road with respect to a proposal before the Planning Board of the Town of Wappinger on a different project; and WHEREAS, It is the intention of the Town Board to make a determination in accordance with law; NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger does hereby object to the location of the community residence at 38 Kent Road on the grounds that the establishment of this home would result in such a concentration of sites that a new one would alter the character and nature of the community; and BE IT FURTHER RESOLVED, that the Town Board does hereby alternatively suwest the alternative sites annexed hereto as Schedule "A"; and BE IT FURTHER RESOLVED, that the Town Board does hereby reject this site based upon the concerns raised at the informational public hearing as well as the traffic study recently performed at the inter- section of Myers Corners Toad and Kent Road; and 228 BE IT FURTHER RESOLVED that the Town Clerk and the Town Attorney be and hereby are directed to forward copies of this resolution as the Town official objection to both the DCARC and the Commissioner of Mental Retardation Services. SCHEDULE "A" (1) 5 Dogwood Hill Road Wappinger (2) 69 Myers Corners Road Wappinger (3) 17 Park Hill Drive Wappinger (4) Relyea Terrace Wappinger (5) 62 Scott Drive Wappinger (6) 16 Beechwood Circle Wappinger (7) Robinson Lane (8) Wappinger Route 376 Wappinger Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays Mrs. Paino indicated that the traffic study conducted at Myers Corners and Kent Road was done several months ago for the proposed IBM building and is available to those interested. Mr. Farina offered his comment that there was a marked difference in the issues brought out at the meeting for the residents of this area than those of the previous meeting. Their concerns centered on the potential danger of Lake Oniad, traffic safety and information provided in the Draft Environmental Impact Study submitted for the proposed I.B.M. building on Myers Corners Road which clearly indicates that Kent Road is unsuitable for any young people, regardless of their physical or mental condition. He pointed out that the DCARC is, no doubt, aware of the fact that there will be resistance location they choose and for this reason, the concerns to whatever expressed might not have registered with them. There are logical and realistic concerns for the safety of those residents and for these reasons he was in support of this resolution. Mr. Valdati noted that the concerns are genuine and he would be remiss if he did not offer his opinion that the DCARC should examine the other eight alternates provided by the residents and find a more suitable place to house these people. 229 Mrs. Paino supported the resolution and thanked all involved for their participation and cooperation. She felt that the Town Board had clearly defined their support of the DCARC in their intent to find a suitable home for their clients in this community, however the Town Board does object to the proposed sites for the reason that they would not be in the best interest of this group. On the next item, Mrs. Paino noted that a number of complaints have been received from residents throughout the Town regarding excessive speed. Although the Town has achieved reduction of speed limits in most areas and pertinent traffic signs have been posted, the problem still exists. The law enforcement agencies have been very cooperative through the years, but they have a lot of territory to cover and cannot always be on hand to enforce the laws. For this reason, Mrs. Paino has contacted Detective Carl Amburgey who is in charge of our Vandalism Patrol, to investigate the feasibility of purchasing a radar gun. Detective Amburgey has reported that a mobile gun, which he recommended, could be purchased at a total cost of $1,528.50. MRS. PAINO moved to authorize the Vandalism Patrol to purchase a mobile radar gun at a cost not to exceed $1,600.00. Seconded by Mr. Farina Motion Unanimously Carried The following request was received from Assessor Thomas Logan: 24 August 1987 Town Board Town of Wappinger I hereby request permission to attend the N.Y. State Assessors Conference from 20 September to 23 September, 1987, at the Nevelle Hotel in Ellenville, N.Y. I am willing to bear the expense of the Conference myself as I believe that it is important to the Town that I attend. s/ Thomas E. Logan Assessor Mr. Logan had previously attended other mandated conferences but had not attended the Association of Town's Meeting in New York City last February. 230 MR. FARINA moved to grant permission to Assessor Thomas Logan to attend the Assessor's Conference in Ellenville, New York, from September 20 thru the 23rd, 1987, and his legitimate expenses will be a Town charge. Seconded by Mrs. Paino .Motion Unanimously Carried MR. REIS moved to close the Special Meeting, seconded by Mr. Farina and unanimously carried. The Special Meeting closed at 7:42 P Spl. Mtg. 9/1/87 a,ce,„ Elaine H. Snowden Town Clerk