1987-06-15 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
JUNE 15, 1987
1, SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. June 1, 1987
4. REPORTS OF OFFICERS: Zoning Adm. Hydrant report Town Justice/
Wolfson Sup/Compt. Receiver of Taxes Bldg. Insp.
/tpz
5. PETITIONS & COMMUNICATIONS
a. Committee to Protect our Residential Character
b. Clifford A. Rodd requests partial refund of Parking Lot Fee
c. Sharon Price Re: "Tax Exempt properties"
d. Memo from Ping. Bd. Re: Lot Line re -alignment of Kendell Farms(2Ltti
e. P. Paggi, Eng to town, Re: Proposed dedication of Stage Rd.
f. Matthew Landi, CAC member, requests permission to attend Conservation
Workshop on 6/24/87 in Albany
g. R. Holt, Rec. Ch., request permission to expend $1,500 from Schlathaus
Memorial Fund
h. Correspondence from N. Fogel Re: Grants
i. Communications from Planning Bd. related to draft EIS' & Lead Agency
Designations, etc.
j. M. & E. Tavaros, E.T. Deli, Notice of intent to renew liquor Lin.
k. Proposed Water Shed Rules & Regulations
6. COMM1TTLt REPORTS
7. RESOLUTIONS
a. Rondout Electric request return of Retainage (Electrical -Town Hall)
b. Formation of Citizens Advisory Panel for Marcy South Community
Program - Authorize Supervisor to Sign
8. UNFINISHED BUSINESS
a. W. A. Rohde Re: Myers Corners II Water District
b. J. Tinelli Re: Castle Fitness & Racquet Club
9. NEW BUSINESS
10. ADJOURNMENT
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on June 15th, 1987, at the Town Hall, Middlebush
Road, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:40 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
The meeting started with 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 June 1st, 1987 meeting having previously
been forwarded to all Board Members, were placed before them for
their consideration.
MR. VALDATI moved that the Minutes of the June 1st, 1987 meeting,
be and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Reports received for the month of May included Zoning Administrator,
Hydrant Report, Town Justice Carl S. Wolfson, Supervisor/Comptroller,
Receiver of Taxes and Dog Control Officer.
MR. REIS moved to accept the above stated reports and place them
on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Petitions & Communications ---
The Town Board received a communication from a group of citizens
who have formed a Committee to Protect Our Residential Character;
the following letter was signed by Rudolph E. Lapar, Chairperson
of the Committee and Jaime Ricardo, Vice -Chairperson:
Re: Rezoning Applications and June 2, 1987
Contrail Rezoning Application
Dear Board Members:
We the area residents of the Town of Wappinger request that each
and every Board member declare their position on the following
items; that the Town Board pass whatever resolution, Town Law or
revision to existing regulation to implement the following:
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1. That no Rezoning be considered anywhere in the Town without
a Site -Specific Plan from the Applicant.
2. That all abutting residents on any rezoning within the Town
be informed by certified mail, return receipt, at the time
of Application of the Proposed Rezoning. The Applicant will,
of course, pay all cost of informing said abutting Landowners.
3. That all costs of improving all sewer, water and drainage
facilities be wholly borne by the Applicant, forever, as a
result of said rezoning.
4. That if no construction of said Site -Specific Plan is implemented
within two (2) years of the rezoning that the Town Board review
the Rezoning with the probable intention of rezoning it back
to its original classification.
The above requests are requested and recommended as a policy
for the Town as a whole.
The immediate concern of our Committee is in reference to the
Proposed Contrail Rezoning about which we recommend the following:
5. The Existing Rezoning was sold to the then Town Board and the
residents of the areas as OR -1A. (See Minutes of Public Hearing
of July 29, 1969 on file in the Town of Wappingers Town Clerk's
office and Analysis of Original Proposal by Henry Heissenbuttel,
Commissioner of Planning, dated January 6, 1969 on file in the
Offices of the Dutchess County Planning Board).
6. That no roads be allowed from the 200+ acres to exit or enter
through existing subdivisions.
7. To that end, a major through road from All Angels Hill Road
to Old HOpewell Road must be the first element in the development
of said 200+ acres.
8. That a 200 foot minimum green buffer be provided around any
Commercial -Industrial Zoning and that said buffer to be inviolate.
This means that no roads be allowed through said buffer to existing
subdivision road. We would recommend this for the whole Town.
9. We are particularly interested that the existing quality and
aesthetics be maintained within the existing community.
To that end we feel that it is unconscionable that direct input
from the Planning Board, Zoning Board, Board of Architectural
Review, etc. has not been sought prior to any Rezoning. This
can only be done by a Site -Specific Plan.
To rezone without a Site Specific Plan is tantamount to opening the
stable door letting the horse out and then asking the Planning Board,
Board of Architectural Review, Building Inspector, Zoning Administrator,
etc. to try to catch the horse .
Your individual answers -bour request will be greatly appreciated.
If you do not answer within a reasonable time, we will assume that
your answers are contrary to our request.
Thanking you in advance for your cooperation.
COMMITTEE TO
PROTECT OUR RESIDENTIAL CHARACTER
Rudolph E. Lapar, Chairperson
Jaime Ricardo, Vice -Chairperson
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Supervisor Paino thanked the residents involved in this Committee
who had banded together and expended much time and effort to present
proposals and recommendations to the Town Board regarding the Contrail
Rezoning application. Mrs. Paino agreed with several of the statements
and noted that while serving on the Town Board, she has advocated the
concerns expressed. She wholeheartedly agreed with Item #3, that the
applicant bear the cost of improving sewer, water and drainage facilities,
as a result of this potential rezoning. Item #8, providing for a green
160 buffer zone to soften the impact on the surrounding area, is a definite
must. At a previous work shop, the Town Board agreed that it would
be a big mistake to hook any of the proposed subdivision roads into
existing roads that already generate significant traffic. The Board, as
a whole,. agree that the existing quality and aesthetics be maintained
within the existing community. Mrs. Paino invited the other Board
Members to offer their comments on the communication received from
the interested residents.
Mrs. Visconti, noted that they had discussed Items #1 and #2 at the
work shop and particularly Item #2, that abutting residents, on any
rezoning, be informed by certified mail, return receipt, at the time
of the application. She has gone on record of recommending that the
Town establish this as a procedure as part of Town Policy; residents
should be aware of what is happening in their neighborhood. She also
agreed with Item #1, that the applicant should submit a Site Specific
Plan; she agreed with Item #4 re Town Board review the rezoning with
the intent of reverting it back to its original classification if no
construction of the Site -Specific Plan is implemented within two years.
She was definitely in favor of the Items mentioned and felt that the
others should be reviewed by the Board and input sought from other
Wards and residents who are well versed in these matters. Following
review by the Town Board , pertinent agencies and individuals, the
applicable and recommended items should be adopted.
Mr. Farina has also been on record as approving Item #3 regarding
improvements on sewer, water and drainage facilities should be borne
by the applicant, not only in rezoning, but in all other cases, as well.
Under Item #6 ---no roads be allowed from the 200+ acres to exit or
enter through existing subdivisions, he showed maps to the Committee
and others at a work shop and stated that it would be a disaster for
the roads to be connected to make a thoroughfare from Kent Road to
Old Hopewell Road, as it would create hazardous traffic conditions.
L
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He had a concern on Item #7, a major through road from All Angels
Hill Road to Old Hopewell Road, on the fact that he did not want
to connect any industrial property with residential property, however
he felt confident that this road could be developed without connecting
the two types of property. He agreed with the green buffer area to
preserve the aesthetics and if this could not be accomplished by the
applicant, he would not be welcome.
Mr. Valdati noted that his colleagues talked on all the good stuff
which left him little to add, but he concurred with their statements.
At recent work shops it was made clear that the Town Board represents
the people, not the developers, and if any proposals came to the Town
Board that could deface the beauty and character of our community,
that is not what is needed in this Town. The Items were all good,
he agreed with them, and thought a few more could be added.
After listening to the comments made by the Town Board, Mrs. Paino
thought it wise to have a work shop meeting within the next few weeks
to consider incorporating the proposals into a Town Policy. There are
a few questions the Board Members have and a work shop discussion with
the Attorney and Engineer would be in order to clear the questions;
they would discuss this with the other agencies mentioned in the
communication and put together a comprehensive policy.
Rudolph Lapar, 274 All Angels Hill Road wished to discuss a couple
of items ---first of all, although it was not specifically stated in
their letter, they were against this particular rezoning and felt
that the least the Town Board could do is take the PI and put it
into OR -1A where it belonged in the first place. The reason it was
not put there was because in 1969 there was no such designation in
our Zoning Ordinance. They don't want another Cottam Hill (a portion
of the road closed off in another community due to commercial develop-
ment). They do not have td eliminate it but put it back to OR -1A.
In closing he made it clear they would like to have the Board Members
answer individually and Mrs. Paino indicated by her response that this
would be an affirmative action.
Mr. Incoronato was recognized by the Chair and reviewed the history
of a Citizen's Advisory Committee that had been disbanded by the present
Town Board and replaced with a Growth Management Committee whose members
and accomplishments are known only to the Town Board and its benefits,
as far as he knows, are nil. He discussed the previous moratorium
166
and critized the Board for their lack of foresight in neglecting
to extending it; he continued on and on about their lack of action
in all of the important issues in the Town.
Mrs. Paino answered his charges and refreshed his memory on the
accomplishments made by the present Town Board. The Growth Management
Committee, Mrs. Paino explained has replaced the CZAC Committee and
the members include Councilwoman June Visconti, Councilman Vincent
Farina and the Supervisor. In addition they hired, at no cost to
the Town, the Dutchess County Planning Department, to act as their
professional planners; also sitting on that Committee are the members
of the Zoning Board of Appeals and the Planning Board. A further
explanation was given for the non -renewal of the moratorium which
was at the recommendation of the Attorney to the Town who brought
forth the point that the Town could leave it itself open to litigation.
This was due to the fact that the resolution that introduced this
moratorium in October of 1985 had set forth the criteria which should
take place under this law which included the implementation of a new
master plan would be addressed, developed and revised, and secondly
that the Town would make necessary revisions to the Zoning Ordinance
to implement the master plan. Unfortunately, this never happened
during the last three months of the previous administration and it
was the opinion of the Attorney that litigation could result. They
then went to more stringent requirements on the SEQRA law for all
applications.
Mr. Incoronato continued his argument and disagreed with the facts
presented by Mrs. Paino to a point when the Engineer was requested
to comment on the statements made by the Supervisor. He referred
to the opinion of the Attorney that without the proper SEQRA procedure
being followed on the original moratorium, the Town was in an awkward
situation; the moratorium in a neighboring community, Town of LaGrange,
which Mr. Incoronato referred to, was extended due to the fact that
when they originally enacted their moratorium they also started an
environmental impact statement process (SEQRA) on their zoning ordinance
and zoning map; at the end of their six month period of the moratorium
this process was not completed and they therefore extended it. When
this Town started their moratorium, there was no SEQRA process started
along with it. That is the difference. Prior to closing this discussion
Mrs. Paino invited others to comment, but there were no other statements
or questions, and the agenda continued.
167
A letter was addressed to Supervisor Paino from Clifford Rodd
requesting a reimbursement on a parking lot fee paid to the Town.
It appears that the Planning Board reduced the square footage of
the office space he was planning and accordingly, the parking lot
requirements were reduced by 40%. The original fee paid was $1,305,
and the reimbursement requested was for $522. This letter was
forwarded to the Zoning Administrator for recommendation and in his
opinion, the request for the reimbursement was in order and should
be approved; Mrs. Paino concurred.
MR. REIS moved to approve a refund of $522 to Clifford Rodd relating
to an overpayment on the approved parking lot fee, as recommended by
the Zoning Administrator.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from Sharon Price, Chairman of the Brown Road
Residents Committee enclosing a copy of a letter addressed to the
Planning Board regarding their reasons why site plan approval be
denied to a proposed church building in the area of Brown Road and
All Angels Hill Road. One of the topics discussed in their letter
to the Planning Board was in regard to limitations of "Tax Exempt"
properties, hence the letter to the Town Board since they felt this
subject may apply to Town Policy. They felt it was not fair that
those who pay taxes should bear the added burden on this classification
and requested that the Board consider the objections of the residents
who had signed the letter to the Planning Board.
MR. REIS moved to receive this communication and place it on file.
Seconded by Mrs. Visconti (for discussion)
Motion Unanimously Carried
Mrs. Visconti asked that this subject be discussed at a work shop
as she felt Ms. Price had made a good point that should be considered.
Mrs. Paino felt it should be brought before the Growth Management
Committee and then with the Town Assessor and Mrs. Visconti agreed.
A Memo from the Planning Board stated that Mr. Klein had requested
a lot line re -alignment for Kendell Farms; they had no objection and
asked the Town Board to consider the request.
Mrs. Paino noted that this matter has been placed on the June 25th,
1987 work shop and it will be considered at the first meeting in July.
MR. FARINA moved to receive the correspondence and place it on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
168
A report was received from the Engineer regarding the proposed road
dedication of Stage Road, a proposed cul-de-sac in the Montfort -
Nestler Subdivision.
Mrs. Paino commented that the Board is awaiting a letter of recommenda-
tion from the Highway Superintendent, also a title policy, deed, Letter
of Credit and "as-builts".
Mr. Farina moved to accept the report from the Engineer and place it
on file pending receipt of the necessary documents.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Paino requested that a letter be forwarded to the owners of
the Montfort -Nestler Subdivision indicating that the Engineer's report
has been received, however we are still waiting for the recommendation
of the Highway Superintendent, title policy, deed, Letter of Credit
and "as-builts". Mr. Paggi noted that he had received the "as-builts"
so we can cross that item off the "waiting" list.
Matthew Landi, member of the Conservation Advisory Council, requested
permission to attend a one day Conservation Workshop in Albany on
June 24, 1987.
MR. FARINA moved to grant permission to Mr. Landi to attend the
Conservation Workshop in Albany on June 24, 1987 and mileage from
his home to Albany and return at $.21 a mile will be a Town charge.
Seconded by Mr. Reis
Motion Unanimously Carried
On a related matter, Mr. Farina referred to the present Chairman of
the CAC, Charles Valentine who has spoken highly of Matthew Landi,
a recently appointed member of the CAC; he has proven himself to be a
very knowledgable and energetic person in this field. It appears
that Mr. Valentine finds himself with less and less time to devote
to the CAC and he would therefore like to defer the Chairmanship to
Mr. Landi but remain an active member of the CAC. Mr. Farina had
previously discussed the Chairmanship with Mr. Landi and found that
he would have no problem with this appointment.
MR. FARINA moved to appoint Matthew Landi as Chairman of the Conservation
169
Advisory Council for the remainder of 1987.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino introduced the new Chairman of the Conservation Advisory
Council, Matthew Landi who was in the audience and then proceeded
to congratulate him on his new position.
A Memo was received from the Recreation Commission requesting
permission to expend $2,500 from the Schlathaus Memorial Fund
to improve the electrical facilities for the stage at Schlathaus
Park. It appears that there is not sufficient power for the
bands at the concerts and other activities such as the exceptional
Christman Tree Lighting Party last year.
Mr. Reis had a discussion with the Chairman, Ralph Holt, and
after learning the facts, he concurred with this request.,
MR. REIS moved to authorize the expenditure of $2,500 from the
Schlathaus Memorial Fund to enable the Recreation Commission to
provide additional electrical facilities for the stage activities.
Seconded by Mrs. Paino
Motion Unanimously Carried
Two communications were received from Nancy Fogel, Community
Development Administrator of the Dutchess County Consortium Funds;
the first was in regard to a reduction in the original amount
allocated for the Master Plan. At a previous special meeting, the
Town Board specified that they would like to allot $13,000 for this
project, however, in Ms. Fogel's letter she indicated that the County
has exceeded the amount allowed by HUD and the amount will be reduced
to $12,000. Another allocation was allowed to Big Brothers/Big Sisters
in the amount of $6,000 which will remain unchanged; the proposed Senior
Citizens Program project has been increased from $21,000 to $22,000.
The second communication related to the Housing Match application
for Community Services Program which the Town had allotted $50,000;
due to the number of requests received for these funds, this was cut
down to $25,000 for Community Services and Ms. Fogel indicated that
the Town can apply next year for the remaining $25,000.
MR. FARINA moved to accept the correspondence and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
170
Several communications were received from the Planning Board relating
to Draft E.I.S.'s and Lead Agency designations ---2 Negative Declarations -
Mid Hudson Army & Navy and Faulds Subdivision; 2 Postive Declarations-
Kablaoui Subdivision and Stoneridge Subdivision; 2 Type 1 Actions-
Kablaoui Subdivision and Pacilli Subdivision.
MR. FARINA moved to accept the communications from the Planning Board
and place them on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Notification was received from Maria & Elio Tavares, operators of
the E. T. Deli & Grocery Inc. of their intent to renew their Retail
Beer License; they are located on Osborne Hill Road in the Town of
Wappinger.
MR. REIS moved to receive this notification and file it with no
comments.
Seconded by Mr. Farina
Motion Unanimously Carried
The Engineer had previously provided the Town Board with Draft
Watershed Rules and Regulations for the Sprout Creek Aquifer.
Mrs. Paino expressed her appreciation to the Engineer and his Staff
for this project and noted that in speaking to various agencies of
Dutchess County the Town of Wappinger is the first Town in Dutchess
County to propose a Draft compilation of Watershed Rules and Regulations
to protect our watershed and aquifer from contamination.
MRS. PAINO moved to accept the Draft Watershed Rules and Regulations
and place them on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Valdati suggested that a copy of the Draft be sent to the Town
of East Fishkill since they share the aquifer. Mrs. Paino responded
that she is arranging to have the final copy of these rules and
regulations forwarded to the other municipalities along the Sprout
Creek that share the aquifer with us especially in view of the fact
that the Town of Wappinger and East Fishkill are at the bottom of the
Creek. It is important, she felt, to have intermunicipal cooperation
with the others who are above us.
171
A late application for a Peddler's License was received from Daniel
Fallone who had enclosed with his application, a note to the Town
Board to please try to approve this at the June 15th, 1987 meeting
so that he could sell various souvenirs for the July 4th holiday ---
balloons, decals, T-shirts, etc.
MR. FARINA moved to approve the Peddler's License for Daniel Fallone
to sell souvenirs for holiday celebrations.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Committee Reports ---
Mr. Valdati, Drainage & Safety ---reported on drainage problem due
to overflow of fill in Liss Road area behind new building of Monroe
Muffler in the Village. This was referred to the Mayor who will
take the necessary action to have developer clear the area at his
expense.
A second item related to a letter to the Highway Superintendent
from residents in the Cedar Hill Road/Theresa Boulevard area
requesting "Children at Play" signs be placed there due to the large
number of children living in that location. On a related matter these
residents wrote to the Supervisor advising her that they planned to
distribute fliers to passing motorists in the same area previously
mentioned alerting them to the fact that they were in a 30 MPH
speed limit area; they had permission from the State Police and
their intent was to conduct this activity on June 12th, 1987.
Mr. Valdati moved to authorize the Highway Superintendent to investi-
gate the matter of placing the "Children at Play" signs as requested
by the residents.
Prior to a second on this motion, Mr. Reis was requested by the
Supervisor to offer his comments on this situation. He, too had
received the same communications as Mr. Valdati and had discussed
them with the Supervisor who recommended that he and the Zoning
Administrator visit the area to determine if the signs were needed.
On a second trip, the Highway Superintendent accompanied them and
both the Zoning ADministrator and the Highway Superintendent recom-
mended that the signs be installed. These signs have been in place
since Thursday, June llth, the day prior to the planned event of
handing out fliers ---the inclement weather on June 12th prevented
the residents from conducting their safety campaign.
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Mr. Reis referred to the Watershed Rules and Regulations recently
received by the Board and since the Supervisor had already thanked
the Engineer and his Staff for the work they put into this project
he now wished to express thanks to the Supervisor for all the time
she expended and to Roger Akeley, Commissioner of Dutchess County
Department of Planning.
Mr. Reis, Recreation ---previously discussed the Quiet Acres Area
with the Chairman of the Recreation Commission who had informed him
they would like to know the boundaries of the Town property prior to
making any plans for that recreation area.
MR. REIS moved to authorize the Engineer to the Town to conduct a
property survey on the upper portion of the Quiet Acres Recreation
Area.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Farina, Landfill ---reported that the Highway Department had
contracted with the Effron Company and they will work in conjunction
to clean and grade the landfill site, in accordance with the D.E.C.
guidelines set forth for the closing of the landfill.
Mrs. Paino, referred to a letter recently received from William
Ryan which related to a personnel matter and as such, should probably
have limited coverage. A work shop had been planned for June 24th, 1987
to discuss the matter with those involved, however, the Highway Superin-
tendent stated that he was unable to be present on that date. Actually
the date should have read the 25th of June, as most all of their work
shops are held on Thursday.
Since Mrs. Visconti originally spoke on this matter, Mrs. Paino
deferred to her for comments. Mrs. Visconti explained that a letter
from Mr. Ryan was read into the Minutes of the last meeting and
subsequent letters have been received relating to an unwritten policy
of the Town on distributing fill. She has spoken to other towns on
their policy and has asked for a work shop meeting for discussion
with the Town Board and Highway Department to determine what has been
done in the past, what is currently being done and what should be done
in the future. She is concerned about it and would like to have the
opportunity to have the Highway Superintendent discuss it probably
the first work shop in July and find out all the details on all the
parties concerned.
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Mr. Incoronato had previously brought up the subject and now pursued
it. It was not a personnel matter, in his opinion, it was a matter of
the use of public facilities, use of highway equipment for private gain.
Mr. Incoronato went on at length about the matter and the corres-
pondence that has been written to the Board by Mr. Ryan. If it was
the policy of the Town to give away fill, he contended there should
be a central location and the residents made
all participate.
Mrs. Visconti reiterated their
intent
aware of it so they could
to have a work shop to learn
more about the situation and consider a definite policy for handling
future incidents. It is not being ignored now that it has come to
light, as it appeared to be implicated, but rather the Town was
addressing the matter and it would be properly handled by the Board
as a whole.
Resolutions ---
A request was received from Hayward and Pakan enclosing an invoice
from Rondout Electric Inc. for release of their retainage fee in the
amount of $14,090.73.
Mr. Reis had no problem with this particular request for final payment,
mentioning that we do have problems with work done by other contractors.
MR. REIS moved to approve the final payment to Rondout Electric Inc.
for work performed at the Town Hall, in the amount of $14,090.73.
Seconded by Mr. Valdati
Motion Unanimously Carried
The Town is in the process of forming a Citizens Advisory Panel
for the grant program for communities and counties traversed by
the Marcy -South transmission line. This will enable the Town of
Wappinger to obtain $324,500 of the grant funds to be distributed
to non-profit organizations, public agencies or the Town itself
that the Panel recommends to PASNY. In order to further the process,
the Supervisor's signature is required for the agreement.
MR. REIS moved to authorize the Supervisor to sign the agreement
for the formation of the Citizens Advisory Panel for the Marcy South
Community Program.
Seconded by Mr. Farina
Motion Unanimously Carried
174
A letter was received from Mr. Rohde, P.E. with Hayward and Pakan
Associates indicating that all approval and paper work have been
completed regarding the formation of the Myers Corners II Water
District, For this reason, Mr. Rohde hoped the Town was now in a
position to accept this district and its components.
MR. REIS moved to receive this communication and place it on file
pending a future work shop meeting.
Seconded by Mr. Farina
Motion Unanimously Carried
The following letter was addressed to Supervisor Paino relating
to the Castle Fitness & Racquet Club:
June 9, 1987
Dear Irene,
1) I regret I could not join my neighbors in their meeting with
you and Town Board Members in which grave concerns were raised
on the adverse impact on the quality of life this activity
has had and continues to have in our neighborhood. Obviously
I am addressing the Castle Fitness & Racquet Club located
on Rt. 376 across from Meyers Corners Road. For the record,
I reside at 324 Meyers Corners Road. I am employed by the
Town of Pawling, New York as Chief Code Enforcement Officer.
Zoning administration is just one function of my duties.
2) In order to assist the Town in investigating this matter
and in reference to Charlie Corlettino's suggestion to review
the site plan; the following comments are offered.
a) Section 450 of Zoning Ordinance Town of Wappingers, Titled
"Site Development Plan Approval".
b) Section 450.1 is quoted in part "...the continued validity
of any Certificate of Occupancy shall be subject to continued
conformance with such approved plan & condition revisions of
such plans shall be subject to the same approval procedures.
3) SITE PLAN
a) approved in 1983
b) tennis courts on app plat
c) outdoor swimming pool app plat
d) clearly marked parking spaces
e) drainage for blacktopped areas
%✓ f) traffic floor design
g) handicapped facilities
4a) construction started 1983
4b) Certificate of Occupancy 1984
5a) permitted use for exercize rooms, indoor pool and outdoor related
facilities noted on the approved plat and in minutes.
5b) accessory use for bar/lounge, restaurant to accomodate patrons.
6) FINDINGS: by comparison of the approved plat and actual on
site visit may reveal the following to be in violation of
Section 450 of Town Zoning Ordinance.
a) that the approved plat and site development does not meet the
conditions of approval.
b) that no amended plat, stamped and approved by the original
Professional Engineer has been submitted to the Planning Board
for approval as required.
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c) that another use (ie) club entertainment by non patrons may
constitute a non permitted use not only in the original approval
but also what may or may not be permitted in the Zoned area (ie)
light industry. (note) see Section 422.
d) that by this non -approved use the approved use was equally altered
without Town approval.
e) that Section 532 provides for continued comformity and that failing
to comply with the conditions of the approved plat and -
__ µ - approved use does constitute a violation.
f) that if indeed changes in the approved plat and use of the property
did occur without Town approval, the owner's and a management of
the Castle Fitness 7 Racquet Club, did circumvent the requirement
of an environmental impact statement and therefore denied its
neighbors imput on the affects of this change.
In conclusion and with knowledge on the original owners intent on
the use of this property, this organization has decieved its
neighbors long enough. I would recommend that if the information
provided herein is varified by a review of the record and a site
inspection, they should be given the opportunity in a public hearing
and before their peers to respond. Should the facts stated herein
prove to be true as I believe them to be based on my knowledge of
the facts, this organization should offer to act in good faith,
Close its doors and voluntarily come before the Town with an
amended site plan and a request for any change in use of the
property and structure there -on based on what is permitted under
Town Law.
Sincerely,
s/ Joseph V. Tinelli
Mrs. Paino noted that this correspondence has been forwarded to the
Zoning Administrator and it is her understanding that he and the
Acting Building Inspector will be visiting the site on Friday.
Pat Beneway, was recognized by the Chair, indicated that she lived on
Route 376, next to the Castle toward Poughkeepsie. She has garbage
on her lawn, noise at night; she related an incident of a girl scream-
ing about 11:30 at night at that site about six months ago. The place
was filled with youth who apparently were not aware of this or were
ignoring it. The State Police were called and arrived about 45
minutes later; they never found out what had happened. The Sheriff
was called the next day and after looking around the woods, found
nothing. Mrs. Beneway related other annoying and dangerous incidents
that have occurred within the last month. She has no objection to
a place for the youth, but this hangout is getting out of hand. The
owner claims he has someone policing the area but they are not doing
a good job ---it appears that the kids are outside more than they are
inside; they drink in the parking lot and God knows what else they do
in the parking lot.
Mrs. Isabel Beneway, Rt. 376, paid taxes to the Town of Wappinger for
forty-eight years and can't get a decent night's sleep. The Castle
allows the kids to use trail bikes down from their property to her
property ---this goes on for half of the night. Now that their taxes
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are tripled they are entitled to a decent night's sleep. It's not
just Wappinger kids, they're from Beacon, Poughkeepsie and Newburgh --
invited the Town Board to see for themselves, it's just a drug haven
for the kids, you can get about anything there. It's about time the
Wappinger politicians started to eam their money and do something for
the taxpayers of Wappinger.
Mrs. Paino requested that a copy of Mr. Tinelli's letter be provided
to the Acting Building Inspector prior to his visit to the site.
She told the two residents she had made note of their comments and
would forward it to the Zoning Administrator and Building Inspector
to alert them of the activities mentioned.
Mr. Valdati noted it was a shame that a small percentage of the
youth who use these facilities are spoiling it for the majority.
It was a good concept and he was disappointed it was not working.
At this point Mrs. Paino went on with Unfinished Business and
recommended that the Board go on a summer meeting schedule of
one meeting a month for July, August and September.
MRS. PAINO moved to set the Town Board Meetings for the third Monday
in July, August and September of 1987.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino noted that the Town Board has been interviewing for the
position of Attorney to the Town and for Building Inspector and a
vacancy on the Zoning Board of Appeals. The outgoing Attorney has
indicated that it will be a smooth transition for the Town to engage
a new attorney.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that Thomas Wood be and he hereby is appointed to the
position of Attorney to the Town of Wappinger due to the resignation
of Jennifer Van Tuyl, and
BE IT FURTHER RESOLVED, that the said Attorney, Thomas Wood
shall be compensated for his services to the Town in his position
as Attorney to the Town, at the hourly rate of $45.00 per hour.
Seconded by: Councilman Reis
Roll Call Vote:
Councilman Farina Aye
Councilman Reis Aye
Councilman Valdati Nay
Councilwoman Visconti Nay
Supervisor Paino Aye
Motion Carried
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Prior to the vote on this appointment Mr. Valdati commented that the
Board did not have the opportunity to sit down as a group and discuss
this appointment for one reason or another ---late meetings, etc. He
was impressed by Mr. Wood but was more impressed by Allan Rappleyea
who has a long standing relationship with the Town of Wappinger,
having served as their Attorney for several years. He is very
knowledgable of sewer and water districts, municipal law and all
aspects of Town of Wappinger government; he is with a very prestigious
law firm, Corbally, Gartland and Rappleyea and has an impeccable
reputation in the community , he has indicated he will attend the
Town Board meetings and has set a yearly retainer which would allow
the Town a number of services for a reasonable fee. All of the
attorneys interviewed indicated that special services, such as E.I.S.'s
litigation, etc. would require additional fees; it appeared that he
would not be inclined to farm out his responsibilities to one of the
five or ten associates of the firm. Mr. Valdati express his disappoint-
ment that the Town Board was not considering this individual.
Mrs. Visconti concurred with Mr. Valdati, stating that all of the
individuals interviewed were excellent, but Mr. Rappleyea had excellent
credentials and a genuine interest in this Town, having served us
previously ---these attributes would make him a prime candidate.
A Roll Call Vote was then taken on Supervisor's Paino motion resulting
in three Ayes and two Nays ---motion carried. Mrs. Paino indicated,
as she had done previously, that all the candidates that they considered
for the position were excellent and at this point she did not go into
an explantion of why she felt Mr. Wood was the better choice; she
complimented all of the individuals and agreed with Mrs. Visconti's
suggestion that a letter of thanks be sent to all the applicants.
In answer to a question regarding the newly appointed Attorney, Mrs.
Paino responded that he would attend meetings if the Town Board so
desired, he is a Dutchess County resident from Stormville and is also
a Town Justice in East Fishkill.
Mr. Reis noted that interviews were also held for the position of
Building Inspector since at this time we have an Acting Building
Inspector; the Board wished to finalize this appointment to regulate
that department and enable the new Inspector to organize his methods
of procedure.
The following Resolution was offered by COUNCILMAN REIS who moved
its adoption:
RESOLVED, that Thomas Classey be and he hereby is appointed
provisionally to the position of Building Inspector for the Town
of Wappinger, due to the resignation of Irvin Kreigsman, and
BE IT FURTHER RESOLVED, that the said Thomas Classey will
be compensated for his services to the Town as Building Inspector
at the prorated annual salary of $26,000.
Seconded by: Councilman Farina
Roll Call Vote:
Councilman Farina Aye
Councilman Reis Ave
Councilman Valdati Nav
Councilwoman Visconti Nav
Supervisor Paino Ave
Motion Carried
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Mrs. Visconti wished to express their thanks to all the applicants
who had applied for the position. She expressed the fact that Mr.
Classey has been doing an excellent job and the decision was a hard
one, however, her choice would have been Vincent Francese who is
currently our Town Justice. He would have been an excellent candidate
in view of his ability to be familiar with the Town Zoning Ordinance
and procedures having resided in the Town forever. His commitment
to the Town is unquestioned. She thanked him and the other applicants
and requested that a letter of thanks be directed to each one.
Mrs. Paino reiterated that they were all outstanding and certainly a
letter would be sent to them.
Mr. Francese was recognized by the Chair and asked why the Board was
making this appointment tonight when the Dutchess County Civil Service
test was five days from now.
Mrs. Paino responded that interviews have been conducted for both
positions and they are anxious to fill these positions. There will
be no meeting until the third week in July and the Board felt that
was too long to wait. Since she actually did not answer Mr. Francese's
question) he informed her of this by repeating his question. The
test for this position under the Dutchess County Civil Service system
will be Saturday, June 20th, 1987, so why make the appointment now.
The appointment they are making at this time is provisional, Mrs.
Paino explained and if the individual passes the test he will remain,
if not, the Board will have to reconsider. It is now in the building
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season and a Building Inspector is needed; Mr. Reis added that even
more important is the fact that the results of these tests are not
made public for at least a few months.
Mr. Valdati expressed his sorrow that although they gained an employer
in one capacity, they were losing him as a Fire Inspector in which
he did well. He also expressed his congratuations and condolences
at the same time.
Mrs. Paino reminded him that he had asked Mr. Classey about the vacancy
that would exist as Fire Inspector if Mr. Classey was chosen for the
postion of Building Inspector and was informed that the Fire Prevention
Bureau would offer their recommendation to fill that position, the
same procedure that was followed when Mr. Classey became Fire Inspector
for the Town.
Another vacancy existed on the Zoning Board of Appeals due to the
untimely passing of Joseph Landolfi.
The following letter was addressed to Supervisor Irene Paino from the
Chairman of the ZBA, George Urciuoli:
June 15, 1987
Dear Irene:
In regard to the vacant seat on the Zoning Board, I would like to
recommend Jim Brooker. He resides at RD 4 Card Rd., Wappingers Falls
and has expressed an interest in this seat.
He has served on the Fire Advisory Board in our town. I feel he
would be an asset to the board.
Sincerely,
s/ George Urciuoli
The following Resolution was offered by COUNCILMAN FARINA who moved
its adoption:
RESOLVED, that James Brooker be and he is hereby appointed as
a member of the Town of Wappinger Zoning Board of Appeals to fill the
vacancy that has been created due to the untimely passing of Joseph
Landolfi, and be it further
RESOLVED, that the said James Brooker will serve on the Zoning
Board of Appeals for a term that will expire February 1, 1989.
Seconded by: Councilwoman Visconti (for discussion)
Roll Call Vote:
Councilman Farina Aye
Councilman Reis Aye
Councilman Valdati Nay
Councilwoman Visconti Nay
Supervisor Paino Aye
Motion Carried
180
The discussion Mrs. Visconti requested related to the fact that in
his letter of recommendation he was the one who was recommending,
however, in previous conversation with members of the ZBA polled by
Mr. Valdati, they had stated their preference for Angel Caballero,
former member and Chairman of that Board. It was their opinion
that Mr. Caballero's credentials were impeccable and the Town should
be utilizing his expertise. She appreciated Mr. Brooker's interest
in being involved,however with the present task of implementing the
Master Plan in conjunction with revising the Zoning Ordinance, a
man with his experience would be better suited at this time to sit
on the ZBA.
Mr. Valdati interrupted to make a motion to table action on this
matter to the next meeting, since he has just received the Chairman's
letter tonight and would like to have the opportunity to speak with
him and question the reasoning behind this recommendation. He had
previously received a verbal recommendation from Mr. Urciuoli in Mr.
Caballero's favor. Mr. VAldati would amend his judgment if, according
to Mr. Urciuoli's expertise, as Chairman, the person up for the appoint-
ment was still his choice. Mrs. Paino rebutted that the next meeting
will not be until the third Monday in July and the Chairman has indicated
that he preferred to have this individual appointed tonight, especially
since they have a backlog of work and have now scheduled two meetings
a month, rather than one. A final attempt was made by Mr. Valdati to
table the appointment at which time he referred to the application of
Robert's Rules which would have given his motion precedence over the
one presently on the floor. At Mrs. Paino's request, the Town Clerk
clarified the fact that the Town Board had never adopted Robert's
Rules of Order. The outcome of this discussion was summed up by Mrs.
Paino who indicated that the issue of Robert's Rules were not applicable,
the Chairman of the ZBA requested this ZBA appointment tonight, Mr.
Brooker is a long time resident of the Town, Chief of the Hughsonville
Fire Company and she proceeded to ask for a Roll Call Vote on the
motion on the floor which was carried and finalized the issue.
New Business ---
George Smith, Hackensack Heights, was recognized by the Chair, noted
that he was a new resident and has experienced excessive noise from
the airport, specifically between the hours of 11:30 P.M. to 2:30 A.M.
Sunday mornings, caused by jet testing. The noise is astronomical and
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it literally rocks the house. He does not mind this activity during
normal hours, but are these early morning hours authorized for this
type of operation. Can anything be done about it, he questioned, and
if so, whom should he talk to.
MRS. PAINO moved to direct a letter to Commissioner Bradley Whited,
Dutchess County Department of Aviation, indicating that the Town Board
has received complaints relative to jet engines testing full blast
between the hours of 11:30 and 2:30 A.M. which are unauthorized hours,
and would he please arrange to have this activity curtailed at these
hours.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Biancardi, resident of the Pavillion Condominium, who had requested
at a previous meeting, that the Town include_ them in bulk removal,
noted that he has learnedthat the Town of Fishkill and East Fishkill
are conducting clean-up days ---does the Town Board have any knowledge
of where they are dumping this debris.
Mrs. Paino responded that the Town is planning to place some large
dumpsters throughout the Town for the convenience of the residents to
place their bulk garbage. The D.E.C. has been closing many landfills
in the County and unfortunately ours is one of them. The carters will
then have to take it to an approved landfill, wherever one happens to
be.
There was no other business to come before the Board.
MR. FARINA moved to adjourn the meeting, seconded by Mr. Reis and
unanimously carried.
The meeting adjourned at 9:40 P.M.
Reg. Mtg. 6/15/87
Elaine H. Snowden
Town Clerk