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1986-05-05 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING MAY 5, 1986 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE OF ALLEGIANCE TO FLAG 3. ACCEPT MINUTES April 21, 1986 Reg. 4. REPORTS OF OFFICERS: C e 5. PETITIONS & COMMUNICATIONS a. Barbara Hairston, Dist. Clerk WCSD, request to use 7 voting machines for Annual School election May 21st b. Notice of Public Hearing from Town of Poughkee sie on Zoning Ordinance amendment SQ4s6 Several Communications from T/E.Fishkill re: Nanco Labs, Inc. j q",bii6 e. Philip Palmasano re: Drainage f J. Paggi, Eng. report re: Oakwood Water Dist. Iron problem g. Judy Connor re: reimbursement for Sewage Backup 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consideration of Lloyd rezoning request b. Consideration of Montfort/Nestler rezoning request c. Consideration of Local Law #2 - amendment of Environmental Quality Review d. Change order #9 - Curb Change e. Eugene Ossie - payment #16 request f. Peddlers License application - Eileen McAlexander 8. UNFINISHED BUSINESS Response from H. Erichsen on time for Stoneykill Rd. Area 9, NEW BUSINESS 10. ADJOURNMENT /-37 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on May 5, 1986, at the Town Hall, Mill Street, Wappingers Falls, New York. The Supervisor opened the meeting at 7:30 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer Kenneth Croshier, Highway Superintendent The meeting started with the Pledge of Allegiance to the Flag. Supervisor Paino requested the public to join the Town Board for a moment of silent prayer for the Town of Wappinger and its residents. The Minutes of the Regular Meeting of April 21, 1986,having previously been forwarded to all Board Members, were now placed before them for their consideration. Mr. Farina noted that he had abstained on granting a Peddler's License to Jay Stricker and the minutes reflect that the motion was unanimously carried. MRS. VISCONTI moved that the Minutes of the Regular Meeting of April 21, 1986, as corrected, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports were received from the Zoning Administrator and the Town Justices for the month of April. MR. REIS moved to accept the reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions & Communications --- Barbara Hairston, District Clerk of the Wappinger School District, wrote to the Board requesting the use of several of the Town's voting machines for their Annual Election on Wednesday, May 21, 1986. MR. REIS moved to grant permission to the Wappingers School District 13P to use the Town's voting machines on May 21, 1986, their Annual Election Day, as requested by Mrs. Hairston, District Clerk of the District. Seconded by Mr. Farina Motion Unanimously Carried Notice of Public Hearing was received from the Town of Poughkeepsie relating to an Amendment of their Zoning Ordinance and the Code of Ordinances. MR. FARINA moved to receive the Notice of Public Hearing, place it on file and forward copies to the Town Planning Board and the Town Zoning Board of Appeals. Seconded by Mr. Reis Motion Unanimously Carried Several communications were received from the Town of East Fishkill in response to our concern that Nanco Labs, Inc. could be a possible polluter of water. Mrs. Visconti brought this concern to the attention of the Town Board several weeks ago and noted that the communications from Supervisor Cannizzaro included a "Notice of Complete Application", required by the Department of Environmental Conservation for a (SPDES) permit (State Pollutant Discharge Elimination System) and the SEQR determination was that the project will not have a significant effect on the environment. It was her suggestion that this matter be followed up in two weeks if the Planning Board of East Fishkill did not respond on this concern. MRS. VISCONTI moved to receive the communications and place them on file. Seconded by Mr. Reis Motion Unanimously Carried A response was received from Dutchess County Sheriff Fred Scoralick regarding a complaint received from a resident on Route 376 on trucks dumping on property close to her home. Mr. Farina reported that he had forwarded a copy of the Sheriff's letter to the resident who made the complaint. MR. FARINA moved to receive this correspondence and place it on file. Seconded by Mrs. Visconti Motion Unanimously Carried /39 Charles Cortellino was recognized by the Chair and asked to know the Sheriff's response. It read as follows: April 24, 1986 Elaine H. Snowden Town Clerk 20 Middlebush Road PO Box 324 Wappingers Falls, N.Y. 12590 Dear Mrs. Snowden: I am in receipt of your letter of April 23, 1986 regarding dumping on Route 376. Be advised that I have instructed our Lieutenants to alert all our patrol officers in the specified area to be particularly aware and to report any and all dumping by trucks and private vehicles at once. I am well aware of the concern of home owners in the area, as I know the debris would certainly attract rodents and would cause overall unsanitary conditions. Be assured of our cooperation at all times. Sincerely yours, s/ Fred W. Scoralick Sheriff Mrs. Snowden noted that a copy of Mrs. Karlic's letter had been forwarded to the Sheriff to make him aware of the exact location of this dumping. Philip Palmasano had verbally requested the Supervisor to put him on the Agenda for this meeting regarding drainage on Gold Road. Since he was not present to speak to the Board, Mrs. Paino referred the matter to a work shop meeting on May 15, 1986. A report was received from the Engineer regarding solutions to the iron problem in the water of the Oakwood Knolls Water District. Mrs. Paino explained that this matter was brought to the attention of the Town Board several weeks ago but it has existed for the past twenty-two years. The residents of the area, Engineer to the Town and representatives from Camo Pollution Control attended a work shop meeting with the Town Board to discuss this problem. The Engineer was requested to investigate the situation and report to the Board on their recommendations to alleviate the iron in the water. The following items were offered for the Board's considera- tion: 1. Sampling of the water system should be done for three (3) months, twice a month, on each well. 2. Testing parameters shall be iron, manganese, sulfides, hardness, corrosivity and turbidity. 3. The system shall be tested at the well, the storage tank, and the distribution system. 4. There are four (4) immediate interim solutions that can be taken. These are: A. Clean the storage tank thoroughly. B. Clean the hydropneumatic tank thoroughly. C. Completely flush all the distribution lines. D. Make a survey of individual homes to determine a pattern, if any, of the problem. The Engineer indicated that the above work can be performed by Camo Pollution Control, if the Board so desires, at a cost not to exceed $2,000.00. MRS. PAINO moved to direct the Engineer to the Town and Camo Pollution Control to proceed with Items #1 thru #4 for correction of the iron problem of the Oakwood Knolls Water District. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino requested the Engineer to provide the Town Board with a specific breakdown on the cost factors of more permanent alternates. When this has been submitted, the residents will be invited to a second work shop meeting at which time the Engineer will give a presentation on the permanent solutions and their cost. The Town Board, together with the residents, can then decide what action they can take. The next correspondence was from Judy Connor, Pippin Lane requesting reimbursement of expenses incurred due to sewer backup. It has been determined by the Engineer and Camo Pollution Control that this is a Town problem and therefore their responsibility to reimburse Mrs. Connor. Mr. Farina noted that receipts for plumbing, clean-up, etc. in the amount of $245.15 were submitted with Mrs. Connor's letter. MR. FARINA moved to reimburse Mrs. Connor $245.15 to be paid from the district funds. Seconded by Mr. Reis Motion Unanimously Carried Committee Reports --- Mr. Bracone had no reports for this meeting. Mr. Reis had no reports at this time but noted that he would report later on in the meeting when items on the new Town Hall would be considered. Mr. Farina, Ordinance Committee, reported that the Zoning Administrator is pursuing the matter of the signs on Route 9 with the Attorney and the New York State Department of Transportation. Mrs. Visconti, Airport Advisory Committee, reported that discussion relating to the airport grant program was held at their meeting; they intend to use the monies received in the first year for the completion of the main building and installation of additional fencing. Marist College is in the process of conducting a study regarding parking facilities at the airport. Complaints have been received from residents of the area that a helicopter school is operating at the airport and their repetitive flight plans are causing a nuisance to these residents. The Commissioner plans to check out this complaint and report his findings at their next meeting. Dial -A -Ride Program will provide passengers with newsletters to emphasize the importance of the program and help to increase the number of those using this service. Due to the present increase, the County has applied for six more vehicles; this application is still pending. Mrs.. Visconti learned that 49 riders are wheelchair bound anduse this program on a regular basis since it enables them to get out and see their community. Charles Cortellino, being recognized by the Chair, noted that the airport has two advertising signs at the old entrance to the Dutchess County Airport on Route 376. Since these signs are on the State right-of-way, Mr. Cortellino, who is a member of the Zoning Board of Appeals, requested an opinion of the Attorney to the Town on whether the placement of these signs would come under the Town Zoning Ordinance. It is his understanding that as long as the signs are not on airport property, the Town regulations would have to be complied with. Mrs. Paino requested that this matter be referred to the Attorney to the Town for a legal opinion. A request from the Recreation Commission for a storage building at the Quiet Acres Playground was previously referred to the Engineer to conduct a field survey due to the fact that the area is in a flood P -12 - zone. Mrs. Paino noted that a report was received from the Engineer enclosing a sketch of an 8' x 12' concrete block building with a steel door. He indicated in his report that the storage should be for the recreation season only and should be maintained on shelves. MRS. PAINO moved to authorize the Recreation Commission to go to bid, if necessary, on an 8' x 12' concrete block building for the Quiet Acres Playground, according to the sketch submitted by the Engineer. Seconded by Mr. Reis Motion Unanimously Carried Resolutions --- A Public Hearing having been held by the Town Board on April 21, 1986 on a rezoning request from 22 Associates to zone their parcel on Route 9 and Osborne Hill Road from R-20 to HB -2A for a Lloyd Home and Building Center, the matter was placed before them for their consideration. Mrs. Paino noted that the Town Board held a joint meeting with the Planning Board, a member of the Zoning Board of Appeals and the Fire Inspector, at which time they discussed the traffic problems at the intersec�kon of Route 9 and Osborne Hill Road. It was generally agreed, following this discussion, that additional mitigating measures would be required on Route 9 to alleviate the problem. Mr. Piazza, representative from 22 Associates, who also was present, was requested to present the mitigating measures to the New York State Department of Transportation and the Dutchess County Department of Public Works for their acceptance. MRS. PAINO moved to table action on consideration of the Lloyd's rezoning request. Seconded by Mr. Reis Motion Unanimously Carried A Public Hearing having been held by the Town Board on April 21, 1986 on the Montfort/Nestler rezoning request (R-80 to HB -2A), the matter was now placed before the Board for their consideration. The following Ordinance was offered by COUNCILMAN REIS who moved its adoption: /4/3 BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York; in pursuance to the Authority conferred by the Laws of the State of New York as follows: SECTION I. The Town of Wappinger Zoning Map adopted March 10, 1980, and as amended from time to time, is hereby further amended by rezoning the following described parcels of land from R-80 (Residential) to HB -2A (Highway Business 2 Acres) classification, said real property more particularly described as follows: PARCEL #1: Beginning at a point on the Southwesterly line of Smithtown Road, said point being the intersection of the Southwesterly line of said Smithtown Road with the Northwesterly line of lands of now or formerlyFYitz and running thence along the Northwesterly line of lands of now or formerly said Fritz, South 34-16-20 West 302.92 feet to a point; thence leaving said line and running over and through lands of Lot No. 4 as shown on a certain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT & NESTLER" and recorded in the Dutchess County Clerk's Office as map no. 5224, the following: North 47-46-00 West 218.63 feet to a point; thence North 33-06-4 West 6.29 feet to a point on the South- easterly line of a proposed road; thence leaving said line and running along the Southeasterly line of said proposed road, as shown on said map no. 5224, the following: North 37-10-00 East 81.92 feet to a point; thence on a curve convex to the Northwest having a radius of 250.00 feet and a length North- easterly 86.05 feet to a point; thence North 56-53-20 East 116.58 feet to a point; thence on a curve convex to the North having a radius of 25.00 feet and a length Easterly 32.88 feet to a point on the Southwesterly line of aforesaid Smithtown Road; thence leaving said line and running along the Southwesterly line of said Smithtown Road, South 47-46-00 East 129.13 feet to the point of beginning containing 1.36 acres of land be the same more or less. SUBJECT TO THE RIGHTS OF Public Utilities of record. PARCEL #2: Beginning at a point on the Westerly line of Smithtown Road, said point being the intersection of the Westerly line of said Smithtown Road with the Southerly line of lands of now or formerly Poughkeepsie Nursery Company and running thence along the Westerly line of said Smithtown Road, the following: South 16-45-40 East 123.17 feet to a point; thence South 33-06-40 East 14.84 feet to a point; thence on a curve convex to the East having a radius of 25.00 feet and a length Southerly 39.27 feet to a point on the Northwesterly line of a proposed road as shown on a certain map entitled "SUBDIVISION MAP PREPARED FOR MONTFORT & NESTLER" and recorded in the Dutchess County Clerk's Office as map no. 5224 and running thence along the Northwesterly line of said proposed Road as shown on said map no. 5224, the following: South 56-53-20 West 113.50 feet to a point; thence on a curve convex to the North- west having a radius of 310.00 feet and a length Southwesterly 106.71 feet to a point; thence South 37-10-00 West 60.43 feet to a point; thence leaving said line and running over and through lands of Lot No. 5, as shown on aforesaid map no. 5224, the following: North 33-06-40 West 121.57 feet to a point; thence North 16-45-40 West 112.62 feet to a point on the Southerly line of lands of now or formerly aforesaid Poughkeepsie Nursery Company; thence leaving said line running along the Southerly line of lands of now or formerly said Poughkeepsie Nursery, the following: North 64-34-40 East 88.78 feet to a point; thence North 62-30-20 East 216.02 feet to the point of beginning containing 1.27 acres of land be the same more or less. SUBJECT TO THE RIGHTS OF Public Utilities of record. PRESENT OWNERS: John Montfort and Bruce F. Nestler Tax Grid Numbers: 19-6156-02-865914-00 19-6156-02-839925-00 Deed Recorded: Liber 1348 Page 258 "/4 Said described Parcels being a portion of the above owners 2.15 and 2.52 Acre Parcels bounded by the following parcels of real property: South by Poughkeepsie Nursery Company West by Smithtown Road North by Fritz SECTION II. This amendment shall become effective upon adoption, Posting and Publication, as prescribed by Town Law. SECTION III. This Amendment shall bear the following stipulations: 1. a 50 foot buffer shall be installed along Smithtown Road to keep the area forever wild. 2. PVC fencing is to be installed across the subdivision road at the mouth of Smithtown Road, which will remain with and be maintained by the owner of the property. 3. The subdivision road will be brought up to Town road specifications; it will not be connected to either Route 9 or SmithtownRoad and there will be no thru traffic on this road, however, allowance will be made for emergency traffic. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held on the revised amendment to Local Law #2 of 1977 relating to Environmental Quality Review on May 5, 1986, the matter was placed before the Board for their consideration. Mrs. Paino explained that a Public Hearing was held a few weeks ago on a proposed Local Law to amend Local Law #2 of 1977 which provided a more stringent list of Type I Actions than that set forth by the State. Due to the input from residents at that Public Hearing, the Town Board has proposed a revised amendment which will modify the original list of Type I Actions. MRS. PAINO moved to adopt Local Law #2 of 1986 as follows: A Local Law supplementingthe list of Type I Actions under Part 617.12 of the State Environmental Quality Review Regulations and establishing standards for completeness of applications. BE IT ENACTED by the Town Board of the Town of Wappinger as follows: SECTION 1. TITLE This law shall be entitled: "A Local Law supplementing the list of Type 1 Actions under Part 617.12 of the State Environmental Quality Review Regulations." SECTION 11. TYPE 1 ACTIONS LocalLaw #2 of the year 1977 which provided for environmental quality review of actions which may have a significant effect on the environment, as enacted by the Town of Wappinger Town Board on March 28, 1977, is hereby amended by adding a new section to Article 11 thereof, to be designated Section 20.1 entitled /1/3"-- Supplemental 4/.m Supplemental Type 1 Actions" with text as follows: Section 20.1 Supplemental Type 1 Actions A. Pursuant to State law, all agencies of the Town of Wappinger are subject to the list of Type 1 actions contained in the State S.E.Q.R. REgulations Part 617.12. In addition, pursuant to the authority vested in the Town under Section 617.4 (e) of those regulations, the Town of Wappinger hereby adjusts the thresholds for Type 1 Actions contained in Section 617.12 to make them more inclusive with respect to each of the actions set forth in Section "B" hereof. This supplemental Type 1 list shall be applicable to all agencies of the Town of Wappinger. The Type 1 actions on this list are considered more likely to consider the preparation of an E.I.S. than other actions and are likely to involve review by more than one governmental agency. All procedural requirements set forth in the State S.E.Q.R. Regulations Part 617 shall be applicable. B. The following actions are Type 1 if they are directly undertaken, funded, or approved by an agency: 1. Construction of new residential units which meet or exceed the following thresholds: (i) In the areas designated as thick glacial till; thin glacial till and exposed bedrock; lacustrine silt and clay; flood plain alluvial or peal soils and made land on a map entitled "Town of Wappinger, Dutchess County, New York 'Surficial Deposits' prepared by the Dutchess County Planning Department adopted by the Town Board of the Town of Wappinger on April 7, 1986, the construction of four or more units not to be connected at the commencement of habitation, to community or publicly owned utilities. (ii) In the areas designated as thick sand and gravel and thin sand and gravel on the said approved 'Surficial Deposits' map the construction of twelve or more units not to be connected at the commencement of habitation, to community or publicly owned utilities. (iii) In any area of the Town the construction of fifty or more units be connected, at the commencement of habitation, to community or publicly owned utilities. 2. Construction of new non-residential facilities which meet or exceed any of the following thresholds; or the expansion of existing non-residential facilities by more than fifty percent (50%) of any of the following thresholds, providing that the expansion of the existing facilities, when combined, meet or exceed any threshold contained in this section: (i) A project or action which involves the physical alteration of one or more acres; (ii) A project or action which would use ground or surface water in excess of 2,000 gallons per day; (iii) Parking for 80 vehicles; (iv) A facility with more than 10,000 square feet of gross floor area; 3. Any non-agricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agricultural and Markets Law Article 25 Section 303) which exceeds ten percent (10%) of any threshold established in 6 N.Y.C.R.R. 617.12 or in this local law. 4 4. Any project or action which exceeds twenty-five percent (25%) in 6 N.Y.C.R.R. 617.12 or in this local law occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area or designated open space. SECTION 111. STANDARDS OF COMPLETENESS Local Law #2 of the year 1977 which provided for environmental quality review of actions which may have a significant effect on the environment, as enacted by the Town of Wappinger Town Board on March 28, 1977, is hereby amended by adding a new subdivision "1" to Article 111, Section 31 entitled "Entitlement actions", with text as follows: 1. An action for agency funding or approval of an action shall not be complete until a determination of no significance has been made or until a Draft Environmental Impact Statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such acceptance, the S.E.Q.R. process shall run concurrently with other procedures relating to the review and approval of the action, so long as reasonable time is provided for preparation, review and public hearing, with respect to the Draft Environmental Impact Statement. SECTION IV. EFFECTIVE DATE This Local Law shall take effect immediately upon its filing with the Secretary of State. SECTION V. SEPARABILITY The provision of this local law are separable and if any provision, clause, sentence, subsection, work or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circum- stances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, work or part had not been included therein, and if such person or circumstance, to which the local law or part thereof if held inapplicable, had been specifically exempt therefrom. Seconded by: Mr. Farina Roll Call Vote: 5 Ayes 0 Nays Change Order #9 for the curb change at the access to the new Town Hall was received from Hayward and Pakan, for the Town Board's consideration. Mr. Reis explained that the Dutchess County Department of Public Works had put a change order on the original sketch submitted by Hayward and Pakan. This change was forwarded to the Town about seven months ago and the Comptroller signed the document and sent it back to the County without notification to Hayward and Pakan or other Town agencies. The curbing in its present form is not acceptable to the County and therefore has to be changed to their specifications. P7 MR. REIS moved to accept the Change Order to the curb at the access drive to the new Town Hall and authorize the Supervisor to sign the Change Order. Seconded by Mr. Bracone Motion Unanimously Carried A payment request was received from Eugene Ossie, General Contractor for the new Town Hall, in the amount of $37,504.00 Mrs. Paino noted that she had reviewed the invoices with Mr. Reis and the Comptroller and found certain items questionable. These included sewer disposal, site drainage and landscaping which have not been completed; they also found that the Town Clerk's window was damaged when they rolled it down. Although the Supervisor was told that the charge of $440 for an adjustment to the Receiver of Tax's counter was due to the fact that the counter had to be shipped back to the factory for this adjustment, she saw, on one of her many visits to the building that the work was actually done on the site; this charge was, therefore, unacceptable. There were no problems with the other items and it was agreed, after their review, that an adjusted sum of $32,238.00 was a fair payment for the work that was accomplished. MR. REIS moved to authorize payment of $32,238.00 to Eugene Ossie, General Contractor for the Town Hall. Seconded by Mr. Farina Motion Unanimously Carried An application for a Peddler's License to operate a hot dog truck was received from Eileen McAlexander. MR. REIS moved to approve the Peddler's License for Ms.iWAlexander. Seconded by Mr. Barcone Roll Call Vote: 4 Ayes Mr. Farina ---Abstained Unfinished Business --- In response to our request to U. S. Cablevision for a timetable on the completion of cable service to residents of the Stoneykill Road area, Mr. Erichsen indicated in his letter to the Board that this service would be available sometime in August of this year. MRS. PAINO moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried Mr. Reis added that the residents of that area are very happy with this news; they have waited for it for a long time. Charles Cortellino, being recognized by the Chair, noted that he had submitted the names of three people who were still active on the Cable Committee when it was in existence, to the Supervisor as requested at a previous meeting. He had requested at that meeting that the Board reform the Cable Committee which was disbanded at the request of the previous administration, due to possible litigation. One of the Committee's functions was to meet with Mr. Erichsen every quarter to determine if they were maintaining their schedule on servicing the Town. He felt the Committee should be put into action again so they can keep abreast of the cablevision service in the Town. MRS. PAINO moved to reform the Cable Committee for the Town of Wappinger. Seconded by Mrs. Visconti Motion Unanimously Carried There was no other business to come before the Board. MRS. PAINO moved to adjourn the meeting, seconded by Mr. Reis, and unanimously carried. The Meeting adjourned at 8:27 P.M. Reg. Bimonthly Mtg. 5/5/86 Elaine H. Snowden Town Clerk