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1986-12-15 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING DECEMBER 15, 1986 --------------------------- 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Dec. 1, 1986 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Hydrant Report Supervisors Annual Report ,;,,i •,.;a _ Iv (y . " 5. PETITONS & COMMUNICATIONS a. Petition for Rezoning (Lawrence Farms) K & J Partnership as applicants HB -2A to SC (Shopping Center) b. Vacancy - Board of Assessment Review c. Letters of Recommendation from K. Croshier, H. Supt. to accept vSchnabl Ct. Stenger Ct. and Sabia Drive as town rds. d. Set date for Year End Meeting - fah -It-40') e. Letter from Chas. May declining renewal of Planning Bd. appointmen f. Information from NYSDOT re: Rte9 & Myers Corners Rd. Traffic lite, 1j. Lrfn (3 ersack,Cc Lw� -��Sbo t ne snn Re� t` ra��n e�, 1. ��s� u r t-: eCnse waQ 6. COMMITTEE REPORTS V 7. RESOLUTIONS a. Hayward & Pakan - submission of certificate of substantial completion A.C. Smith, and application for final payment j b. Wm. Crane, Attny for Tax reviews: recommendation for settlement of; three Tax Reviews c. Approval of Planning Bd. revised Subdivision Regulations d. Accept maintenance Bnd - Highland Glen for Pondview Subd. Rds. i e. Adopt portions of Zoning Ordinance Amendments (P.H. Nov. 17th) f. Authorize Supervisor th sign Dial -a -ride Contract for 1987 i 8. UNFINISHED BUSINESS a. Brown Road Traffic pattern Report 9. NEW BUSINESS 10. ADJOURNMENT 3oP The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on December 15, 1986 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the meeting at 7:30 P.M. Present: Irene Paino, Supervisor Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Absent: Joseph Bracone, Councilman (due to illness) Others Present: Joseph E. Paggi, Jr. Engineer The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of December 1st, 1986, having previously been forwarded to all Board Members, were placed before them for their consideration. MR. FARINA moved that the Minutes of the December 1st, 1986 Regular Meeting, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Reis Motion Unanimously Carried Reports were received for the month of November from the Town Justices, Receiver of Taxes, Building Inspector, Hydrant Report and the Supervisor's Annual Report. MR. REIS moved to accept the above stated reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried The Engineer submitted a Report on Wastewater Facilities Plan which had been previously requested by the Town Board as a result of a mandate by the Department of Environmental Conservation to upgrade Wappinger Sewer Improvement Area #1. A similiar report had been submitted by the engineering firm of Morris & Andros previously, however, this fell short in several areas, one of which was the omission of the cost for odor control if the plant was placed at the current site; they also indicated that the pipe along Robert Lane would have to be replaced with larger piping, but failed to include the cost. In addressing the possibility of tying into the 36q the Tri -Municipal Project, they proposed ripping up several Village roads and it was Mrs. Paino's opinion that this was not a feasible procedure. In January of 1986, the new Town Board directed the firm of Paggi & Martin to address the problems of WSI#1 and also to include alternates that would allow for future expansion of the plant. This plan outlines three alternates--- 1. to replace the existing plant at the current site, 2. to construct a plant on the lower regions of the Wappinger Creek and 3. to tie into the Tri -Municipal Project. Mrs. Paino set a Public Informational Meeting for Monday, January 5, 1986 at 7:30 P.M. at which time the Engineer will give the Town Board and the residents a presentation on this report. During the interim period, the Town Board and residents can review this report and itemize their questions and comments which will be addressed at the January 5th, meeting. This will be the first of several meetings on the subject and the matter of environmental impact of each of the alternates will be thoroughly reviewed and under the regulations of the State Quality Review Act, an Environmental Impact Statement will be prepared for each of these alternates. In order to discuss the preparation of the E.I.S., a work shop meeting has been scheduled for December 18, 1986 and Walter B. Satterthwaite from the firm of Walter B. Satterthwaite Associates will be interviewed by the Town Board to determine if his firm will prepare the E.I.S. for the three alternates; other firms will also be consulted. Petitions & Communications --- A Petition for a change of zoning was received from K & J Partnership (Lawrence Farms) from HB -2A to SC, Shopping Center. MRS. PAINO moved to refer this Petition for Rezoning of Lawrence Farms to the Engineer and Attorney to the Town, the Zoning Board of Appeals, the Zoning ADministrator, Town Planning Board and the Dutchess County Department of Planning for their preliminary comments. Seconded by Mr. Farina Motion Unanimously Carried The Town Clerk noted that the Petition was not signed by the owner/ applicant and she would hold the referrals until the application is signed. Mr. Lawrence will be notified of the omission and the delay on the referrals. 31d A vacancy still existed on the Board of Assessment Review due to Mr. Ludewig's decision not to accept another term on the Board; consideration of this matter was placed before the Town Board. The following resolution was offered by councilman Farina who moved its adoption: RESOLVED, that Kenneth Brown, be and he is hereby appointed as a member of the Town of Wappinger Board of Assessment Review to fill the vacancy which has occurred due to the resignation of Joseph Ludewig, and it is further RESOLVED, that the said Kenneth Brown is hereby appointed to the said Board of Assessment Review for a term which shall expire September 30, 1991. Seconded by: Councilman Reis Roll Call Vote: 3 Ayes Resolution Duly Adopted Councilwoman Visconti ---Nay Councilman Bracone --- Absent Three communications were received from the Highway Superintendent recommending acceptance of the following roads as Town Roads: Schnabl Court, Stenger Court and Sabia Drive. Mrs. Paino noted that the Engineer to the Town has a problem with at least one of these roads. MR. REIS moved to place the communications from the Highway Superintendent on file for future review. Seconded by Mr. Farina Motion Unanimously Carried The Year End Meeting was set for Tuesday, December 30, 1986, for the purpose of approving encumbered bills and transfers from the departments. The Town Clerk asked the Board if they wished to consider setting the date for the Reorganizational Meeting for 1987, at this time. Another item:, she requested consideration of was the Floating Holiday for the employees for 1987; several employees have indicated that January 2, 1987 would be their choice for this holiday. MRS. PAINO moved to set Friday, January 2, 1987, as the Floating Holiday for 1987. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino set the Reorganizational Meeting for January 2, 1987 at A letter was received from Charles May, present member of the Planning Board, indicating that he wishes to decline reappointment to that Board, due to business circumstances. MR. FARINA moved to accept this correspondence and place it on file and requested that a letter be forwarded to Mr. May thanking him for his seven years of volunteer service to the Town and the many hours that he has expended in an effort to make the Town a better place to live. Seconded by Mrs. Visconti Motion Unanimously Carried Correspondence was received from Mr. Halstead, Project Engineer with the New York State Department of Transportation which included two resolutions for the Town Board's consideration; one would permit the State to upgrade the street lighting at the intersection of Route 9/ Myers Corners Road/Middlebush Road and provides that the Town will be responsible for the electricity and maintenance of this system the second, provides for a bus turnout, sidewalk and passenger shelter at the Wappinger Plaza and further provides that the Town will be responsible for the sidewalk maintenance. MRS. PAINO moved to forward a letter to Mr. Halstead, indicating that the Town declines the responsibility for the electricity and maintenance cost of the street lighting system and the Town cannot provide for the maintenance of the sidewalk since it is on private property. Seconded by Mr. Farina Motion Unanimously Carried William Biersack, Attorney, advised the Board in his December 11, 1986 letter that Cashin Development Corp. D/B/A The Osborne Inn, was applying for a renewal of their On -Premises Liquor License. MR. REIS moved to receive this notification and place it on file with no comments. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports --- Councilman Reis, Recreation ---reported that the Christmas Tree Lighting on December 7, 1986, was a success due to the hard work that was put into the preparation for this festivity. Thanks went to Ralph Holt, the Recreation Commission and the Highway Department for their help ` with the tasks required to make it a fun night for the residents. There were at least 500 to 600 people present, the largest group in 'years and Mr. Reis hoped this event would continue to attract even more residents in the future. 31p -- Mr. Farina, Water and Sewer ---reported that the Detective Department of the Dutchess County Sheriff's Department was investigating some of the leads received as a result of the reward offer made by the Town for information leading to the arrest and conviction of vandals responsible for graffiti on the newly painted water storage tank on Maxwell Place. Mrs. Visconti, Airport Advisory Committee ---reported that there was no meeting this month and therefore no activity to report. Resolutions --- A communication was received from Hayward and Pakan Associates regarding final payment to A. C. Smith & Co. as follows: November 20, 1986 Re: Town Hall Facility Plumbing Contract Dear Mrs. Paino: Attached are the Contractor's affidavits of Release of Liens and Payment of Debts and Claims, and Consent of Surety to Final Payment, submitted by A. C. Smith & Co. of Beacon, Inc. Based on our observations, the plumbing work has been completed in accordance with the terms and conditions of the Contract Documents, and all items on the Final Punch List have been completed, except the following: 1. Submittal of the Certificate of Substantial Compleiton. 2. Submittal of operation and maintenance manuals for the water system. Upon the receipt of the above, I will forward them with the certified Application for Final Payment. s/ Charles E. Liscum, Architect MR. REIS moved to approve final payment to A. C. Smith upon receipt of required documents, as stated in communication from Mr. Liscum, dated November 20, 1986. Seconded by Mr. FArina Motion Unanimously Carried A communication was received from William Crane, Attorney, representing the Town on three Tax Certioraris, recommending that the Town accept the proposed Consent Order settling these litigations. The following resolution was offered by COUNCILMAN FARINA, who moved its adoption: BE IT RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER is hereby directed to execute a Consent Judgment in the form annexed, settling the following tax certiorari proceedings against the 3I3 Town of Wappinger: Imperial Gardens Company, 1983 through 1986; Imperial Plaza Partnership, 1986; L. Richard Rosenberg and Sol Silver, 1986, and BE IT FURTHER RESOLVED, that CRANE, WOLFSON, ROBERTS & GRELLER is authorized and directed to settle the above captioned proceeding pursuant to the terms of said judgement. Seconded by: Councilman Reis Roll Call Vote: 4 Ayes 0 Nays Councilman Bracone --- Absent Mrs. Visconti requested that the following excerpt of a communication from Assessor Thomas Logan, be included in the Minutes: "In the case of Imperial Plaza and Chelsea Ridge, since the tenants and not the landlord are bearing the cost of the increased taxes due to the increased assessment, I would hope in the interest of fairness and justice that the Town Board, should they approve the settlements, would urge the landlords to rebate the extra monies that have been collected". The Planning Board forwarded copies of their revised Subdivision Regulations, approved by them at their November 24, 1986 meeting, requesting that the Town Board approve same. MR. REIS moved to approve the Subdivision Regulations, adopted by the Planning Board at their November 24, 1986 meeting, and inform them of this action. Seconded by Mrs. Visconti Motion Unanimously Carried A Letter of Credit was received from Chemical Bank for a maintenance bond in the amount of $100,000, from the Highland Glen Development Corp. for the Pondview Subdivision. The Attorney to the Town has reviewed this document and found it to be satisfactory. MR. FARINA moved to accept the Letter of Credit from the Highland Glen Development in the amount of $100,000 as recommend by the Attorney that the form and content of said Letter of Credit is satisfactory. Seconded by Mr. Reis Motion Unanimously Carried It was requested that Highland Glen Development be notified of this action. -3121 A Public Hearing was held on November 17, 1986 on Various Amendments to the Town Zoning Ordinance and the matter was now placed before the Board for their consideration. Mrs. Paino noted that a work shop meeting was held with the Chairman of the Planning Board to discuss comments made by the Planning Board and the Building Inspector on some of these Amendments, however, at this time there are some Amendments in this Ordinance that the Town Board wishes to adopt. The remaining Amendments will be reviewed by the Board at future work shops and an another public hearing will be held on the revised amendments. The following Ordinance was offered by SUPERVISOR PAINO who moved its adoption BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, pursuant to the authority conferred by the laws of the State of New YOrk as follows: Section 1. The Town of Wappinger Zoning Ordinance adopted March 10, 1980, and amended from time to time, is further amended as follows: 1. Zoning Ordinance Amendment No. 1 Section 412 of the Zoning Ordinance is hereby amended to read as follows: 412 Required Street Frontage No building permit shall be issued for the establishment of any use or construction of any structure unless the lot upon which the use is to be established or such structure is to be built has frontage of at least 50 feet on a street or highway which has been suitable improved to Town Road standards or a bond posted therefor, and unless the actual access to such use or such structure will be over such frontage, all in accordance with the provisions of Section 280-a of the Town Law. 3. Zoning Ordinance Amendment No. 3 Section 450.1 of the Zoning Ordinance is hereby amended by adding a new final sentence, so that the section will read as follows: 450 Approval Required No building permit shall be issued and no structure or use shall be established, other than one (1) one -family dwelling, except in conformity with an approved site development plan, and no certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plans and conditions. Revisions of such plans r. shall be subject to the same approval procedure. Any proposed construction of new structures or additions thereto, or any change or modification of use of property, which adds to or modifies a previously approved site development plan shall require further site plan approval, termed "amended site plan approval" by the Planning Board. 4. Zoning Ordinance Amendment No. 4 Section 450 entitled "Site Development Plan Approval, subdivision 450.21 is hereby amended by adding a new last sentence, so that the Section will read as follows: 450.21 Maps Eight (8) copies of an area map, at a scale convenient for Planning Board use, showing the applicant's entire property as well as all adjacent properties; existing and proposed roads, railroads, streams, rights-of-way and easements in all directions from the subject parcel; all community facilities and utility trunk lines in the neighboring area; and all existing school, zoning and special district boundaries within five hundred (500) feet of the applicant's property. The Planning Board shall have the right to require submission of such additional maps, at a scale to be determined by the Planning Board, as the Board might find necessary to properly evaluate the proposal. Section 2. This Ordinance will take effect upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Farina Roll Call Vote: 4 Ayes 0 Nays (Councilman Bracone --- Absent) Contracts for Dial -A -Ride service for the senior citizens were forwarded to the Board for their consideration from Theresa McAlpine, Aging Services Coordinator with the Dutchess County Office For the Aging. MR. FARINA moved to authorize the Supervisor to sign the Dial -A -Ride Contract in the amount of $9,640.00 for the year 1987. Seconded by Mr. Reis Motion Unanimously Carried Unfinished Business --- At the last meeting, Mrs. Price and Mrs. Weimer, residents of Brown Road, wrote to the Board complaining about traffic problems on that road and asked that a study be done by the Town. This was referred to the Engineer and the Highway for their investigation and report to the Board. A report was submitted by the Engineer with several recommendations: 1. A sign reading "Children at Play" should be installed so as to alert drivers of the possibility of their presence near the road. 2. We recommend that the prescribed speed limit be changed to 25 MPH from All Angels Hill Road to the Town Line. 3. The white lines which mark lane limits between the shoulder and the pavement should be extended from the new bridge to All Angels Hill Road. 4. The shoulder on the south side of Brown Road should be extended 5' from the proposed white line from All Angels Hill Road to the new bridge. This should be paved so as to allow pedestrian traffic. -3)6 Mrs. Paino made the following comments on these recommendations; Under Item #1, Mark Day of the firm of Paggi & Martin had contacted the Highway Department and made arrangements for this sign to be installed. Item #2 requires referral to Dutchess County Department of Public Works and the New York State Department of Transportation. MRS. PAINO moved to forward a request to the Dutchess County Department of Public Works and the New York State Department of Transportation for a 25 MPH speed limit on Brown Road from All Angels Hill Road to the Town Line. Seconded by Mr. Reis Motion Unanimously Carried Under Item #3, the Highway Department was requested to contact Dutchess County Department of Public Works and retain them to complete this work, on behalf of the Town. Item #4 can also be handled by the Highway Department; this report had previously been forwarded to them. There was no further business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The meeting adjourned at 8:01 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 12/15/86