1987-07-20 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JULY 20, 1987
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. June 15, 1987 Spec. July 9, 1987
4. REPORTS OF OFFICERS: Sup/Compt. Town Justices Receiver of Taxes
Hydrant report Zoning Adm.
5. PETITIONS & COMMUNICATIONS
a. Rudy Breglia, Ch. Lake Committee V/W.F., re: support for Matching
grant for Lake recreation projects
b. Judge Francese requests permission to attend Summer Continuing
Education Program at St. Lawrence Univ. 7/27 - 7/31
c. Barry S. Cohen re: Rezoning request for 45 Acres off Osborne Hill
Rd. to HB - lA
d. Joel Hanig, Attny for Wm 'Greer re: Amended Zoning application
for Rte 9 property (request Scoping session be set)
e. Al Hicks, for Order Sons of Italy in America asking permission for
a segment of Biking portion of Triathon to pass through T/W (on
Robinson Lane)
f. Petition from Diddell Rd. Area Residents for installation of Cable TV
g. T. Hussain, Bell -Aire Lane, re: Speeders & request for "Speed Bump"
h. Laura Doscher re: problems with her Builder to complete variousitems
i. Memo from Planning Bd. recommending waiver of the remainder of Jas.
Kleins Hark Plaza Drainage Fee
j. Planning Bd. - Neg. Declaration re: Porco Subdivision, etc. (6)
k. J. Paggi, Eng. to T., re: recommendations re: Schlathaus Park
1. D. Brown, Water/Sewer Billing Clerk - Re: (1) Linda Blohm's water
usage (Lake Oniad) (2) Z & M Dev. Corp. Lot #18 Sherwood Heights
(3) R.T. Mayo re: Tenant Rates
m. Resignation of Jas. Brooker from Fire Prevention Bureau
n. Receipt of Final Freshwater Wetlands Map for Dutchess Co. - Filed
with Town Clerk 7/15/87
o. Dutchess Co. Health Dept. re: Oakwood Knolls S.T.Plant
. ..COMMITTEE REPORTS
RESOLUTIONS
a. Jas. Klein - Lot line revision for Kendell Farms - Lots #19-#20
b. Tax Reviews: Waldbaum - Leemilts Petroleum - New York Tel. (2) -
„�, ,r :B cix Construction
c. Two applications for Hawkers and Peddlers Licenses - Rob't Diamond
and George Krajeski
d. Chelsea Fire Dist. re: recommendation for replacement of resigned
Leo Kearns on Fire Prevention Bureau - Yvonne Tompkins
e. Authorize expenditure of Voting Machine Cusotdians to attend Automatic
Voting Machine Corp. Instructional Class (Aug. 15th - 9:30 to 4:00
f. Release Cas performance bond for Sabia Drive and accept cash Maintenanc
Bond.
g. Recreation Commission request transfer of $4,500 from Fed. Rev.
Sharing to purchase Mower
h. Authorization for extension of Hilltop Drainage Project
8. UNFINISHED BUSINESS
a. Response from Bradley Whited, D. Co. Comm. of Aviation
b. N.Y.S.D.O.T. response re: Signs to "information Center" for Chamber;
c. Thos. Wood re: Scoping Session for Waste Water Treatment Plants
9. NEW BUSINESS
1 10. ADJOURNMENT
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The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on July 20th, 1987, 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
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Absent:
David Reis, Councilman (Vacation)
Others Present:
Joseph E. Paggi, Jr., Engineer
Thomas Wood, Attorney
All joined in the Pledge of Allegiance to the Flag, followed by a
moment of silence for the Town of Wappinger and its residents.
The Minutes of the Regular Meeting of June 15th and the Special
Meeting of July 9th, 1987, having previously been forwarded to all
Board Members, were now 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 Mrs. Visconti
Motion Unanimously Carried
Reports were received from Supervisor/Comptroller, Town Justices,
Receiver of Taxes, Hydrant Report, Zoning Administrator and Dog
Control Officer for the month of June.
MR. FARINA moved to accept the above stated Reports and place them
on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Prior to continuing with the Agenda, Mrs. Paino introduced Bob
Bristol from Saratoga Associates, the firm hired by the Town Board
to conduct Environmental Impact Statements on each of the three
alternates included in the Wastewater Facilities Report prepared
by the Engineering firm of Paggi and Martin. Mrs. Paino explained
that a scoping session on this matter has been set for August 3rd,
1987 and Mr. Bristol was invited to attend this meeting to elaborate
on the procedure of a scoping session and its purpose.
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Mr. Bristol then went into his presentation beginning with the
reason for this action, that being back in 1985 the Town was mandated
by the D.E.C. to make improvements to WSIA#1, hence the plan to authorize
Paggi & Martin to prepare the Wastewater Facilities Plan which included
three alternates to improve the sewer district or to rebuild it. The
Town then followed the SEQR procedure and the scoping session is part
of the mechanics that are required. Following the scoping session,
the public will still be allowed to make comments on the Report for
a limited time. He estimated that by the end of August, the scoping
session will be completed for review by the Attorney, Engineer and the
Town Board; following additions and/or deletions to the report, it
will then be forwarded to all the involved agencies and filed in the
Town Clerk's Office to be available to any of the public who wish to
review it. This time frame will probably occur around the second
week of September. The Draft E.I.S. will probably be completed late
in 1987 and in early 1988, the final E.I.S. will be ready for review.
Mr. Bristol returned to the purpose of the scoping session which he
described as an important procedure and actually a time for decision
making. A court stenographer will be present and all comments from
the public and officials will be verbatim which will allow for a
thorough picture of the proceedings and the comments and questions
presented. He further explained that the people attending will sign
in their name and address so they will have a complete record of those
present. This session is not meant to be a debating one, but rather
just comments and questions for the purpose of preparing the Draft
E.I.S. Mr. Bristol continued with his explanation of the procedure
which they would follow at the scoping session and offered his
recommendations for the public to follow this procedure and made a
few more statements relating to the preparation of the E.I.S. which
concluded his presentation.
There were no questions or comments from either the public or the
Town Board since it appeared that Mr. Bristol had explained everything
very thoroughly.
The Agenda was then resumed starting with Petitions & Communications.
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Petitions & Communications ---
A letter was received from Rudy Breglia, Chairman of the Village of
Wappingers Falls Lake Committee regarding their recent application
for a matching funds grant. This was in regard to a recreational
scenic project of further development of the Wappingers Lake and
Veterans Memorial Park; the Mayor of the Village and the Chairman
of this Committee were seeking the support of the Town on this
project and requested that we write to the Office of Parks, Recreation
and Historic Preservation in Staatsburg, New York expressing our
interest and support of the Village's application for the matching
funds.
Mrs. Paino noted that the development of the Lake would include
a floating dock, a path with park benches, some dredging of the lake
and a small parking lot with lighting, at an anticipated cost of
approximately $60,000. This Committee, Mrs. Paino continued, has
been working on the project for many years and it is a costly project;
she has always given this Committee her support, and now they are
looking for cooperation from the full Board in the form of a formal
communication to the State Parks Department.
MRS. PAINO moved to forward a letter of support to the State Office
of Parks, etc. of the Village application for a matching funds grant
for the further development of the Wappingers Lake Recreation Area.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino added that she recommended that the Lake Committee write
to the Town requesting consideration by the PASNY Panel of funds to
be applied to their project. It was her understanding that this
item would be discussed at the next meeting of the Lake Committee.
The next communication was a request from Town Justice Vincent Francese
to attend the Summer Continuing Judicial Education Program at St.
Lawrence University in Canton, New York from July 27th to July 31st,
1987; the Program, Judge Francese stated, is mandatory under New YOrk
State Law.
MR. FARINA moved to authorize Judge Francese to attend the Summer
Continuing Judicial Education Program, Canton, New York, from July
27th to July 31st, 1987, mandated by the State, and his legitimate
expenses will be a Town charge.
Seconded by Mrs. Visconti Motion Unanimously Carried
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A request was received from Attorney Barry S. Cohen to rezone 45 acres
of undeveloped land off of Route 9, Osborne Hill Road to HB -1A.
MRS. PAINO moved to receive this correspondence and place it on file
pending a work shop meeting with the applicant.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Attorney Joel Hanig forwarded an amended rezoning application for
his client, William Greer, owner of property on Route 9. Mr. Hanig
felt that the EAF previously filed should be sufficient to cover the
amendment and requested that the Town Board schedule a scoping session
to address environmental issues involved in the application.
MR. FARINA moved to refer the amended rezoning application from Mr.
Greer to the Attorney and Engineer to the Town for their report at
the next meeting with respect to a declaration of lead agency and
type of action to be considered by the Town Board.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request was received from Al Hicks and Mike Colucci, Race Directors
for the Annual Triathlon conducted by the Order Sons of Italy in
America, for the use of a portion of Robinson Lane on July 26, 1987.
It was indicated in the letter that the Order would be contacting both
the local and state police for their approval and assistance with
traffic control.
MRS. VISCONTI moved to grant permission to the Order Sons of Italy
in America to use a portion of Robinson Lane for their Annual Triathlon
on July 26, 1987.
Seconded by Mr. Farina
Motion Unanimously Carried
A petition for cablevision was received from the residents of Smith
Crossing Road, Spring Hill Court, Diddell Road area along with a
letter addressed to Supervisor Paino. Both communications had been
forwarded to U. S. Cablevision by Supervisor Paino and today she
received the following response from Howard Erichsen, Regional Manager
of U. S. Cablevision:
Dear Supervisor Paino:
I am pleased to inform you that the Town residents who signed a
petition for cable service for Smith Crossing Road, Diddell Road and
Spring Court area of the Town will be receiving cable service as soon
as the utility company complete their work upgrading the utility poles
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in the area. This work is expected to be completed later this summer,
at which time we will be allowed to attach our cables to the utility
poles.
Feel free to contact me if there are any further questions.
Mrs. Visconti brought up the fact that at the April 6th, 1987 meeting.
she had made a motion to contact Mr. Erichsen about servicing these
areas when she had learned that two cable companies had agreed to
serve parts of LaGrange area and felt that U. S. Cablevision, one of
the companies involved, could also service some of our remote areas.
This was a long wait for a response to that letter. Mrs. Paino
recommended that since the summer is nearly over, Mrs. Visconti should
check that area to determine if the cable company intends to carry out
their intent to service the area by "late summer".
Mr. Tanveer Hussain, 18 Bell Air Lane, wrote to the Board complaining
of the high rate of speed by drivers coming down the hill. There are
no speed limit or stop signs at any intersection and he was concerned
about the children who play and ride bikes on the street; he suggested
that the Town install "speed bumps" to curtail the speeding for the
safety of the children.
MRS. PAINO moved to forward a letter to Mr. Hussain informing him
that "speed bumps" are illegal per state law, however, Deputy Sheriff
Carl Amburgey has been authorized to look into the feasibility of the
purchase of a radar gun for use by the Town in such situations.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from Laura Doscher, a resident of Lot 4,
Chelsea Road citing various problems she has had with her builder
and was looking to the Town Board for relief. It is a modular type
construction and although, according to the resident, certain items
were not completed, a C.O. was issued in December of 1986.
Mrs. Paino referred the correspondence to the Attorney and the Engineer
to the Town for their review and recommendation for the Town Board's
consideration at their next meeting of August 17th, 1987.
Mrs. Visconti noted that the resident complained of a foul odor of
sewer that she smelled from somewhere; she recommended that the Depart-
ment of Health be notified and requested to investigate.
The Attorney to the Town had reviewed this correspondence previously
and commented that the Board must keep in mind that many of the
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complaints mentioned may have existed prior to the issuance of the
C.O. which would involve the Town as opposed to problems that may have
developed afterwards and would then become a dispute between the owner
and the builder. He will review these matters with the present Building
Inspector to determine if there were any omissions on the part of the
Town staff prior to the issuance of the C.O. In response to a question
from Mr. Valdati on whether the Town would be responsible for the
correction of any defiencies that existed after the C.O. was issued,
Mr. Wood explained that it would have to be weighed if there actually
was negligence on the part of the previous Building Inspector, who was
the person who issued the C.O., not the present one. After a brief
discussion, Mrs. Paino reiterated her reference of the matter to the
Attorney and Engineer for their investigation.
A memo was received from the Planning Board recommending a waiver
of the remainder of the downstream drainage fee for the Hark Plaza
due to the improvements to the drainage on Old Hopewell Road by the
developer, James Klein. The Highway Superintendent concurred with
this recommendation as he felt the improvements made by Mr. Klein
greatly improved the down stream drainage. The Engineer, when
questioned stated that he did not have the opportunity to review
the site and could not, at this time, offer his recommendation.
MRS. PAINO moved to table action on this matter to the August 17th,
1987 meeting.
Seconded by Mr. Farina
Motion Unanimously Carried
The Planning Board forwarded Negative Declarations under SEQR for
the Porco Subdivision, Jehovah's Witnesses, Yorktown Christian Center,
AAMCO Transmission, Kermit Enterprises, N & S Brothers Realty Corp.
and DeGarmo Hills Plaza.
MRS. PAINO moved to accept the Negative Declarations and place them
on file.
Seconded by Mr. Valdati
Motion Unanimously Carried
A report was received from Engineer Joseph Paggi following a review
of Schlathaus Park. Mr. Paggi listed various recommendations to
improve the Park which Mr. Holt, Chairman of the Recreation Commission,
concurred with, specifically Item #2---a suitable location for the
well and septic for the house. These problems, Mr. Holt stated, must
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must be addressed. Mr. Paggi elaborated on his report, stating that
he met with Mr. Maurer, Recreation Commissioner and Mr. Vorndran,
Maintenance Supervisor on June 9th, at the Park and at the conclusion
of this inspection, he recommended that 1) a detailed property and
topographic survey be completed, if one does not already exist, 2)
a suitable location be found for the well and septic for the rental
house on the property (work already started), 3) an overall site plan
be designed and constructed with respect to grading and drainage; 4)
cooperation of the Dutchess County Department of Public Works to
divert the road runoff (letter from Town Board or Recreation Commission
to the County) and 5) following completion and stabilization of drainage
improvements, reanalyze the site with respect to the proposed uses.
MRS. VISCONTI moved to request the office of the Engineer to the Town
to conduct a search for a filed topographic survey of the Schlathaus
Park; all efforts failing, the Engineer is authorized to prepare a
detailed property and topographic survey.
Seconded by Mr. Farina
Motion Unanimously Carried
MRS. PAINO moved to direct a letter to Commissioner James Spratt,
Dutchess County Department of Public Works, requesting that proper
drainage be installed to alleviate the discharge on the Schlathaus
Property.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino commended the Recreation Commission on the activities
that have been conducted at the Schlathaus Park, particularly those
centered around the bandstand and stage and the weekly concerts; they
have done an outstanding job in making proper use of the property.
MRS. PAINO moved to authorize the Engineer to continue the work
started in regard to Item #2) relating to a suitable location for
the well and septic for the existing house which, for heath reasons,
is essential.
Seconded by Mr. Farina
Motion Unanimously Carried
At a previous meeting a request was received from Mrs. Linda Blohm,
34 Lake Oniad Drive, for a reimbursement of what she felt was
excessive water bills. A test was done on her meter and found it to
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be in satisfactory condition. It was agreed by the Town Board that
they would wait and check on the amount of the next quarter. A letter
was received from Debbie Brown, Water/Sewer Billing Clerk advising the
Board that Mrs. Blohm's water bill for the last quarter was back to
the minimum charge and she requested a decision from the Board as to
whether a refund would be given to Mrs. Blohm.
Mr. Farina, Chairman of the Water and Sewer Committee, noted that
Mrs. Blohm hooked up to the Town Water System, CWWIA, in 1985 and
her first quarter bill was just above the minimum charge; the amounts
of the next three quarters were excessive considering there were only
two people using it. He reviewed the explanation previously stated
and recommended that Mrs. Blohm be refunded the difference of the
excessive bills over the minimum charge for the three quarters.
MR. FARINA moved to refund Mrs. Blohm the monies recommended to be
calculated by Mrs. Brown.
Seconded by Mrs. Visconti
Motion Unanimously Carried
On a related matter a letter was received from Z & m Development
Corporation re Lot #18 on Sherwood Heights Road which was entered
into the water and sewer billing cycle 30 days after application for
hook-up was made. All pertinent fees were paid, however, the application
was rejected and construction never started. In the letter of explana-
tion from Debbie Brown, she stated that she was never notified of the
rejection and the developer was billed for part of 1985 and 1986 for
both water and sewer. The developer has now made a new application
for a Building Permit for Lot #18 and has started construction. Mrs.
Brown's question is ---can the developer be reimbursed or credited
for the monies he has paid to the Town for 1985 and 1986 which amounts
to $8169 for water and $470.01 for sewer (double rates as tenant to
the district). He has been billed for 1987 but has not paid these
charges.
Mr. Farina explained that the moratorium went into effect shortly
after the developer applied to build; he was entered into the billing
cycle and when the moratorium started nobody contacted the Billing
Clerk to let her know that the construction would not take place
for several months or more. He has several other accounts and therefore,
this was not noticed. The Billing Clerk has suggested that a credit
be made to his other accounts and the Lot in question be taken off of the
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computor for now.
MR. FARINA moved to credit the account of Z & M Development Corporation
in the amount of $551.70, as recommended by the Water/Sewer Billing
Clerk.
Seconded by Mrs. Paino
Motion Unanimously Carried
On another related matter, a letter was received from Richard Mayo
owner of property on Route 376 hooked into water and sewer under
the Tenant Policy (double rates), unknown to him, as the original
agreement was signed by the previous owner. The property consists
of a 5 unit apartment complex, therefore with the double rates on
both water and sewer, the bills are astronomical, especially since
the rates have almost doubled with the latest increse in Mid -Point
Sewer.
Mr. Farina again explained the situation and at this time had no
recommendation but to refer the matter to the Attorney to the Town.
A similar situation was brought up by Mrs. Visconti back in May when
she received a letter from Reed Bennett, who questioned the continuity
of the double rates and requested a review of the Tenant Policy. At
this time she requested that the Attorney also include this request
in his review.
MR. FARINA moved to refer the correspondence from Richard Mayo and
Reed Bennett relating to the Tenant Policy of the Town, to the
Attorney to the Town for his review and recommendation.
Seconded by Mrs. Paino
Motion Unanimously Carried
A resignation was received from James Brooker from his position as
member of the Fire Prevention Bureau due to the fact that he has been
appointed to the Town Zoning Board of Appeals.
MRS. PAINO moved to accept Mr. Brooker's resignation from the Fire
Prevention Bureau and thank him for his services to the Town in
this capacity.
Seconded by Mr. Farina
Motion Unanimously Carried
The Town Clerk noted that the Final Freshwater Wetlands Map for
Dutchess County was filed in her office on July 15th, 1987.
In addition, Mrs. Paino noted that the Board has received a letter
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from the New York State Department of Environmental Conservation
from the Wetlands Program Manager indicating that on August 12,
1976 Wappinger submitted local legislation to that department
regulating the Town's wetlands. She has contacted this Manager
to advise her that the Town would like to address this subject at
a work shop meeting to be scheduled at the end of August with the
Town Board, Conservation Advisory Council, the Attorney and the
Planning Board Chairman, if he is available at that time.
A letter was received from the Dutchess County Department of Health
relating to the Oakwood Knolls Sewage Treatment Plant which was
discussed at a recent work shop. Town Officials have been copied on
this communication, also Saratoga Associates and it will become part
of the record on the Draft E.I.S. on the Wastewater Facilities Treatment
Report.
MRS. PAINO moved to receive this correspondence and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Notice of Public Hearing was received from the Town of La Grange
relating to their proposed Local Law #4 of 1987 extending the
duration of the Moratorium Law; the Hearing will be held on July 29,
1987 at the LaGrange Town Hall.
MRS. PAINO moved to accept this Notice and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Committee Reports ---
Neither Mr. Valdati nor Mr. Farina had reports for this meeting.
Mrs. Visconti had one item --- through a misunderstanding they did
not have a work shop meeting after the last Town Board Meeting on
Mr. Ryan's inquiry relating to clean fill being dumped at a resident's
home. She would like to reschedule this meeting on August 13, 1987
and requested the presence of the Town Clerk and the Highway Superin-
tendent. Mrs. Paino asked that Mr. Ryan also be requested to attend
and if he declines, she would like to be'informed by letter.
Mrs. Paino referred to the ongoing problem at the Chelsea Boat Ramp
regarding parking; a meeting was held with the residents and Mr.
Reis and since he is away with his family, he requested Mrs. Paino
to address the matter. The residents indicated, at that meeting, they
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would like to have Stop signs placed on River Road facing North and
South at the intersection with the railroad tracks. Mrs. Paino
requested the Engineer and the Highway Superintendent visit this
site and make a recommendation on the placement of Stop signs.
This can then be forwarded to the Attorney to prepare a Local Law
authorizing the Highway Superintendent to install said signs.
Jerry McCluskey, was recognized by the Chair and brought up the
much publicized problem with Pit Bull Terriers. He felt they were
not peta,but killer animals and sooner or later the Town and County
will have to cope with this problem and take action to outlaw them.
On another matter, Mr. McCluskey referred to a section of Route 9
between East Main Street and Myers Corners Road which is a very dark
area and poorly marked; the curbs are practically invisible and he
suggested that the Board request the STate to paint the curbs white
which will help the visibility.
MRS. PAINO moved to forward a letter to Mr. Mignogna, New York State
Department of Transportation, requesting that the curbing on Route 9
between East Main Street to south of Myers Corners Road be painted
white to alleviate the darkness of that area.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Going back to the Chelsea problem, Mrs. Paino received the following
petition from the residents of that area:
We, the undersigned residents of Chelsea, Town of Wappinger,
Dutchess County, New York, do hereby petition the Town Board of the
Town of Wappinger, to erect "Careful, Children at Play", and/or
"Watch Out for Children", and/or other like signage along River
Road North in Chelsea, Town of Wappinger, Dutchess County, New
York to curtail the excessive speed of the excessive traffic
that flows along this River Road.
The Engineer and Highway Superintendent were requested to visit this
area and report their recommendation for the placement of the signs
requested.
( Copy of petition not available, therefore, language could vary
since it not always possible to decipher each word).
Resolutions ---
Several work shop meetings have been held with James Klein who has
requested a lot line realignment for Kendell Farms. The matter was
now placed before the Town Board for their consideration.
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Mrs. Paino noted that a Memo from the Planning Board dated June 2,
1987 indicated that they have no objection to the proposed lot line
realignment. Mr. Klein was present and was invited to give a brief
presentation to the public; he noted that maps had been distributed
showing the realignment and basically their intent for this action
was for aesthetic purposes. Along with the stamped plot plan from
Barger, Campbell, Gray and Railing was a metes and bounds description
of the property to be taken from the Conservation District.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
In the Matter of the Revision of
Boundaries and Descriptions of the
Kendall Farms Conservation District.
WHEREAS, a petition dated November 26, 1983 was presented to
the Town Board of the Town of Wappinger with a map and plan requesting
a Conservation Park District be established in the Town of Wappinger,
and
WHEREAS, James A. Klein had petitioned the Town Board as a
condition for subdivision approval for the creation of a Conservation
Park District, and
WHEREAS, the Town Board on March 5, 1984 adopted a resolution
reciting in general terms the filing of the said petition and
setting forth the boundaries thereof; and
WHEREAS, a Public Hearing was held on this matter on April 2,
1984 which considered the petition and which set the boundaries of
the District, and
WHEREAS, an application has recently been made whereby the
description for the Conservation District is requested to be amended
by deleting therefrom a piece of apprximately 2,668.2 square feet,
NOW BE IT RESOLVED, that the Town Board will conduct a Public
Hearing at the Town Hall at 20 Middlebush Road, Wappingers Falls,
New York, on August 17, 1987 at 7:15 P.M. or as soon thereafter as
the public may be heard to consider said revision, and
BE IT FURTHER RESOLVED that the Town CLerk shall publish this
resolution in the official newspaper of the Town and
BE IT FURTHER RESOLVED that the description of the parcel to
be eliminated from the boundaries of the Kendell Farm Conservation
Park District is set forth and attached as a Schedule "A" hereto.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Proposed Lot Line Realignment
Conservation District to Lot #19
All that parcel of land situate in the Town of Wappinger,
County of Dutchess and State of New YOrk, bounded and described
as follows:
Beginning at a point on the Southerly side of Lenny Court,
said point marking the Easterly division line of the herein described
parcel and the Westerly division line of Lot #19 as found on a map
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entitled "Kendell Farms", said map filed in the Dutchess County
Clerk's Office as filed map number 7209, running thence Southerly
along the same, South 29-40-00 East 136.16 feet to a point marking
the Southerly division line of the herein described parcel, running
thence through a Conservation District, as found on the aforementioned
Filed Map, and along a proposed new division line, South 74-42-58
West 36.57 feet, and North 14-47-00 West 131.54 feet to a point on
the Southerly side of the aforementioned Lenny Court, running
thence Easterly along the same, on a curve to the left with a
radius of 550.00 feet and an arc length of 3.91 feet to the
point or place of beginning.
Containing 2,668 square feet of land more or less.
Subject to restrictions, restrictive covenants,
easements and/or agreements of record, if any.
Proposed Lot Line Realignment
Lot #19 to Lot #20
All that parcel of land situate in the Town of Wappinger,
County of Dutchess and State of New York, bounded and described
as follows:
Beginning at a point on the Southerly side of Lenny Court,
said point marking the Easterly division line of the herein
described parcel and the Westerly division line of Lot #20
as found on a map entitled "Kendell Farms" said map filed in
the Dutchess County CLErk's Office as filed map number 7209,
running thence Southerly along the same, South 23-24-46 East
135.59 feet to a point marking the Southerly division line of
the herein described parcel and the Northerly line of Lot #21,
running thence WEsterly along the same, and along the Southerly
line of Lot #19 as found on the aforementioned Filed Map, South
74-42-58 West 28.01 feet to a point marking the Westerly division
lined the herein described parcel, running thence Norherly along
the same and along a proposed new division line through Lot #19,
North 15-47-00 West 134.15 feet to a point on the Southerly side
of the aforementioned Lenny Court, running thence Easterly along
the same, North 74-12-59 East 10.00 feet to the point or place
of beginning.
Containing 2,485 square feet of land more or less.
Subject to restrictions, restrictive covenants, easements
and/or agreements of record, if any.
Seven Tax Certiorari actions have been served on the Town from ---
New York Telephone Company (2), Brack Construction Corp., Texland
Properties Corp., The Southland Corporation, Waldbaum's #52, As
Tenant and Leemilts Petroleum, Inc. (2).
MRS. PAINO moved to refer the above Tax Certiorari to Attorney
William Crane to answer and defend on behalf of the Town of
Wappinger.
Seconded by Mr. Farina
Motion Unanimously Carried
Three Applications for Peddling Licenses were received by the
Town Clerk's Office --- Robert Diamond, Jr. (Food Vendor), George
Krajeski (Hot Dog Vending) and Raymond Menconeri (Hot Dog Vending).
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Both Mr. Krajeski and Mr. Menconeri were present to speak to the
Board on where they intended to vend their food and understood that
the trucks had to move 1,000 yards every half hour according to the
Peddler's Ordinance.
MRS. PAINO moved to approve the three applications for Peddler's
Licenses.
Seconded by Mr. Valdati
Roll Call Vote: 4 Ayes Mr. Farina ---Abstain
The Board of Fire Commissioners of the Chelsea Fire District wrote
to the Fire Prevention Bureau of the Town recommending the appointment
of Yvonne Tompkins to replace Leo Kearns who has resigned.
It is the function of the Board of Commissioners to appoint these
members and forward notification of the appointment to the Town Board
for their confirmation.
MR. FARINA moved to confirm the appointment of Yvonne Tompkins to
the Town Fire Prevention Bureau to fill the vacancy created by the
resignation of Leo Kearns.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A notice was received from the Board of Elections informing the Town
Clerk that a mandated Voting Machine Custodian School will be held
at Dutchess Community College College on August 15th, 1987 from
9:30 A.M. to 4:00 P.M. and the cost, including luncheon, will be
$86.10 per custodian.
MRS. PAINO moved to authorize the Town Voting Machine Custodians
to attend this school at Town expense.
Seconded by Mr. Farina
Motion Unanimously Carried
In the matter of the acceptance of Lormar Court as a Town Road, the
following resolution was placed before the Town Board for their
consideration. Mrs. Snowden noted that the check for the amount
mentioned in this resolution has not, to this date, been received by
her.
The following Resolution was offered by SUPERVISOR PAINO who
moved its adoption:
WHEREAS, the Planning Board of the Town of Wappinger has
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previously approved a subdivision known as, "Lor -Mare Corporation,
Section 1", which subdivision map was filed with the Clerk of the
County of Dutchess as Map No. 6340, on March 18, 1982, and
WHEREAS, the Town Board has previously accepted the sum of
$20,900.00 as a compromise of its claim against the Performance
Bond for the completion of improvements to the roads shown on the
above subdivision map, and
WHEREAS, the Town Board did authorize releasing the Performance
Bond and the principals by resolution at the April 20, 1987 meeting,
and
WHEREAS, the general releases have been prepared and are ready
to be exchanged and the funds to be received by the Town, however,
the Town Board must declare its intent with respect to accepting
Lormar Court as a Town highway, and
WHEREAS, Lormar Court is shown on filed map no. 6340, filed
with the Dutchess County CLerk on March 18, 1982, and
WHEREAS, pursuant to Town Law Section 278, the filing of said
map constitutes a continuing offer of dedication to the Town for
acceptance by resolution of the Town Board,
NOW, THEREFORE BE IT RESOLVED that the Town Board of the Town
of Wappinger be and hereby does accept Lormar Court as a Town Highway
pursuant to Section 278 (1) of the Town Law of the State of New York,
and
BE IT FURTHER RESOLVED that the Town Board does accept the
continuing offer of dedication pursuant to the filing of filed map
No. 6340 with the Dutchess County Clerk on March 18, 1982, and
BE IT FURTHER RESOLVED that the Attorney to the Town shall
forthwith forward a certified copy of this resolution to the County
Clerk of the County of Dutchess for filing and
BE IT FURTHER RESOLVED that the name of the road upon acceptance
shall be Lormar Court.
Seconded by: Councilman Valdati
Roll Call Vote: 5 Ayes 0 Nays
A request was received from the Recreation Commission for permission
to use $4,500 of the Federal Revenue Sharing Monies for the purchase
of a mower.
MRS. PAINO moved to authorize the Town Comptroller to _transfer the
amount of $4,500 from Federal Revenue Sharing Funds to the Recreation
Account for the purchase of a mower.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request was received from the Engineer for authorization for
Change Order #1 on Phase VI, Hilltop Stream Cleaning and Storm
Drainage which is actually an extension of the Project.
The Engineer cited the history of this project, noting that it had
gone out to bid a few times unsuccessfully, however, the last time
the project was reduced and the Town did receive one bid; the work
was started and as it progressed, two homeowners on Hilltop Drive
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asked if the job could be extended and their problems corrected; the
additional cost will be $11,461.25.
MRS. VISCONTI moved to approve Change Order #1 on Phase VI, Hilltop
Steram Cleaning and Storm Drainage, to include two more homes at an
additional cost of $11,461.25 and authorize the Supervisor to sign
the Change Order.
Seconded by Mr. Valdati
Motion Unanimously Carried
Unfinished Business ---
A response was received from Dutchess County Commissioner of Aviation,
Bradly Whited, regarding several complaints that have been registered
by the Town from residents complaining of commercial aircraft operations
in the early hours and also jet testing, again at early hours on the
weekends. He requested that we supply him with the dates of these
activitues in order to investigate the circumstances relating to these
operations. The Town Clerk was requested to read this letter ---
July 1, 1987
Re: Your letters dated June 2, and June 18, 1987
Dear Ms. Snowden:
At this time, there are no maintenance runups by tenants or
scheduled commercial operations between the hours of 1:00 a.m.
and 5:00 a.m. However, this would not prohibit a possible
occasional operation between those hours which may include a
preflight runup of engines. The last scheduled airline, arrival
only, is 11:30 p.m. Only on very rare occasions, two to three
times per year, would this flight be delayed past 1:00 a.m.
In regard to the complaints registered on June 1, 1987 and June
18, 1987, I would need more specific information concerning the
actual dates, in order to provide specifics concerning these
operations.
In regard to your request for a curfew, we have an informal
understanding with our tenants that operations during these
hours will be limited to only those necessary. In addition, our
tenants do not perform maintenance testing between the hours of
11:00 p.m. and 6:00 a.m. In reality our tenants are complying
with a self-imposed curfew. As the Commissioner of Aviation, I
do not feel these two complaints warrant a total curfew of
airport operations. It is also quite possible that your
residents are confusing traffic from Stewart Sirport with
Dutchess County Airport.
If you can provide dates in regard to the recorded complaints, I
would be happy to investigate the circumstances surrounding these
operations.
Sincerely,
s/ Bradley S. Whited
Commissioner of Aviation
206
Mrs. Bernice Mills, who had complained of the unscheduled operations
was recognized by the Chair, and offered to invite Commission Whited
to her home where he would hear these planes come in and take off
every night in the late hours or early hours of the morning. They
are from Dutchess County Airport and she noted that she is in the
pattern, so they are definitely coming in at that Airport.
On a related matter, Mrs. Mills mentioned that a committee was picked
from the County Legislators to study a long range plan of the Airport.
One member was from Hyde Park and she wondered what he would know
about the activities at the Airport that the residents are complaining
of ---what long range plan are they contemplating now. They are talking
of projected growth of the Airport, something this area is not in favor
of.
Sandra Goldberg, Wappinger County Legislator, offered an explantion
of this "committee" noting that the Wappinger Legislators do have a
problem with representation when it comes to this subject. She does
not feel that anything will come out of this. Getting back to the
original complaint, Mrs. Goldberg suggested that Mrs. Mills record
times and dates of these early morning landings and takes offs and
send them to Mr. Whited. Mrs. Mills further complained of a burnt
area on the runway of the airpot towards Jackson Road and Mrs.
Visconti was requested to check it out.
Mr. Mignogna, Regional Traffic Engineer with the New York State
Department of Transportation responded to our letter of request
for them to place directional signs to the new Greater Southern
Dutchess Chamber of Commerce building on Route 9. This request
was originally denied since it did not come under the categories
that they supply information for, however, after contacting the
Dutchess County Department of Public Works, it was agreed that the
County would provide the signs and the State would erect them on
Route 9 designating the location of their office. They will be
erected upon receipt of the signs from the County.
MRS. PAINO moved to receive the correspondence and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mr. Valdati referred to a motion made at the Special Meeting of
July 9th, 1987, engaging the services of the engineering firm of.
Brinnier & Larios for consultation with our Engineer regarding the
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mechanics involved for the possibility of the Town tapping into the
Delaware Aquaduct in the future. The fee was set at $75.00 per hour
and he felt there should be a cap set on the number of hours the
firm would be consulting with Mr. Paggi. Our Engineer felt it would
be difficult to state how many hours this would take and suggested
that at the end of each month, prior to the Town Board meeting, Mr.
Larios would provide a breakdown of his services and compilation of
the hours logged. Discussion followed on the advisability of following
this suggestion, however, Mr. Valdati objected to this and persisted
in his efforts to set a cap on the hours.
MR. VALDATI moved to set a cap on the work being performed by Brinnier
and Larios not exceed twenty-five (25) hours, at the authorized fee
of $75.00 per hour.
Seconded by Mrs. Paino
Motion Unanimously Carried
Another matter brought up by Mr. Valdati related to a letter received
from the Town Justices today on the salary of the newly appointed
Assistant Court Clerk. At the interviews they conducted, the salary
of the previous Clerk was stated to the applicants as the salary;
the annual salary set by the Town Board at the time of the appoint-
ment was considerably less and Mr. Valdati noted that the new employee
was not satisfied with this amount.
Mrs. Paino responded that the letter had just been received by the
Board Members today and the time to discuss this matter would be at
a work shop meeting at which time they would consider the salary and
if necessary, adjust it retroactively.
New Business
Mrs. Visconti noted that due to the fact that a Spring Clean-up
was not conducted by the Town, there has been considerable dumping
throughout the Town. The residents are concerned that there is no
location available to dispose of their large items. The mortage tax
received amounts to $307,000 and she recommended that the Engineer
prepare specs for a Town wide Clean-up, which could be followed by a
work shop to consider this program. The residents, she said, need
relief and the Town should consider alleviating this problem.
Mrs. Paino explained that Mr. Farina and Mr. Reis has put in many
hours researching this matter, as has the Highway Superintendent.
208
They discussed with the Highway Superintendent, the possibility
of putting dumpsters at the Castle Point Lanfill, however this area
has to be kept clear since the engineering firm is conducting test
wells at the site, as required by the D.E.C. for the closing of the
landfill. Perhaps when the work is done to the satisfaction of the
D.E.C., this idea will be feasible. Mrs. Visconti persisted in her
efforts to have the Engineer prepare specs, pointing out that more
money was due from the mortgage tax; the budget figure was $300,000,
and the amount received, as she previously stated is $307,000, so the
extra $7,000 could be used toward the clean-up. She referenced the
program in the Town of Poughkeepsie which was being funded by their
mortgage tax. Mr. Farina then compared the cost of their clean-up
$453,000 with our last one, $18,000. Aside from that, monies over
the anticipated amount of the mortgage tax cannot be spent this year ---
they will be applied to the 1988 budget. At this time we are in limbo
with regard to disposal of large items and such a program will have
to put in abeyance pending resolution of a site to dispose of the
items.
A request was received from the Chairmen of the Planning Board and
the Zoning Board of Appeals to attend the New York State Planning
Seminar, October 18th to the 20th, 1987, at the Nevelle in Ellenville,
New York. Monies are available since the members of these Boards
were prohibited from attending the Association of Towns Meeting in
February, but rather preferred that they attend this one since the
Chairmen of the Boards felt this would be more informational for the
members.
MRS. PAINO moved to grant permission to the Town Planning Board and
the Zoning Board of Appeals to attend the Seminar at the Nevelle from
October 18th to the 20th, 1987, which will include room (least expensive
room to be reserved), meals, and mileage at $.21 per mile.
Seconded by Mr. Farina
Motion Unanimously Carried
A last item brought up by Mrs. Paino was a request from a resident
living off of Spook Hill Road who requested that a Stop sign be
placed at the intersection of Spook Hill Road and The Hamlet, also
another one at the intersection of Spook Hill Road and Fieldstone
Farms. The Hamlet road has not been accepted by the Town so that
209
will have to be postponed for now, however, she requested the Engineer
to check into the necessity of installing a sign at the Fieldstone
Farms intersection.
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 9:35 P.M.
Reg. Mtg. 7/20/87
WAIAA atiloAc.
Elaine H. Snowden
Town Clerk
A Special Meeting of the Town Boards of the Town of East Fishkill
Wappinger and LaGrange was held at the Town Hall of the Town of
East Fishkill, Route 376, Hopewell Junction, Town of East Fishkill,
Dutchess County, New York, on August 13, 1987.
Town Clerk of East Fishkill, Dorothy Mekeel announced that the
purpose of the meeting was to fill the legislative vacancy in
Dutchess County Legislative District
Mrs. Snowden indicated that the Town
were notified by letter on August 7,
12.
Board of the Town of Wappinger
1987, that Supervisor Paino had
scheduled said meeting for August 13, 1987 at 9:00 P.M. to be held at
the Town Hall of the Town of East Fishkill. Notification was sent to
the six news media on the same date and posted on the Town Clerk's
Bulletin Board at the Town Hall of Wappinger on said date.
Present:
Supervisor Cannizzaro
Councilman Grudzina
Councilman Hopkins
Councilman Johnson
Councilman Portman
Absent:
Supervisor O'Connor
Councilman Evert
Councilman Preuss
Councilman Weiss
Councilman Wade
Supervisor Paino
Councilman Farina
Councilman Valdati
Councilman Visconti
Councilman Reis
Upon motion of Councilman Grudzina, seconded by Councilman Farina
and unanimously carried, Supervisor Paino was designated to chair the
meeting.
The Chairman called for a moment of silence in memory of Lois Gray,
who until her untimely passing, was Dutchess County Legislator in
District 12.
Attorney Edward vK. Cunningham, Jr., was requested, by the Chairman
to explain the voting procedure. He explained that the Charter
requires that vacancy filled by Boards and that Charter and
Constitution
According to
figures from
required weighted voting based upon population.
the Election Commission the certified population
the Dutchess County Planning Department allows a
total vote of 7,215, majority, 3,607; the vote of each LaGrange
Councilman is weighted to constitute 273.8 votes; the vote of each
Wappinger Councilman is weighted to
of each East Fishkill Councilman is
Mr. Cunningham recommended that the
constitute 448 votes and the vote
weighted to constitute 721.2 votes.
Boards first make nomination(s) and
conduct a vote of the membership and thereafter entertain a motion to
weight the voting according with the County population figures.
Councilman Preuss nominated Judith Smith, seconded by Councilman
Valdati.
Roll Call Vote: 11 In Favor
0 In Opposition
2 Abstain
A motion was made by Councilman Hopkins, seconded by Councilman
Preuss to accept the County figures and to allocate weighted voting
accordingly.
Roll Call Vote: 5,498.2 In Favor
Absent 2
Abstain2
Councilman Weiss moved to certify the results to the County Legislature;
seconded by Councilman Grudzina.
Councilman Grudzina moved to adjourn the meeting, seconded by
Councilman Johnson.
The meeting adjourned at
Elaine H. Snowden
Town Clerk
Spl. Mtg. 8/13/87
Boards of East Fishkill, Wappinger and LaGrange