1986-03-17 PHA Public Hearing was held by the Town Board of the Town of
Wappinger on March 17, 1986 at the Town Hall, Mill Street,
Wappingers Falls, Dutchess County, New York, on the proposed
expenditure of unallocated Federal Revenue Sharing Funds for
partial payment of the Town's insurance premium.
Supervisor Paino opened the Hearing at 7:20 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Hearing).
The Supervisor asked for comments or questions from the public.
There were no comments made either for or against this expenditure.
Mrs. Paino noted that although the amount of this expenditure
was stated at the figure of $20,132.00, she has learned today
from Harry Reis of Marshall and Sterling, the Town's insurance
agency that we were overbilled and the amount is now a lesser
amount. The amount overbilled is $8,756, and the transfer
from FRS funds now amounts to $11,426.00.
MR. FARINA moved to close the Public Hearing, seconded by
Mrs. Visconti and unanimously carried.
The Hearing closed at 7:22 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
PROPOSED EXPENDITURE OF UNALLOCATED
FEDERAL REVENUE SHARING FUNDS ON
PORTION OF INSURANCE PREMIUM PAYMENT
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected,qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New YOrk.
That on March 4th, 1986, your deponent posted a
copy of the attached notice of Public Hearing on a proposed
expenditure of unallocated Federal Revenue Sharing Funds
on a portion of the insurance premium payment, on the
signboard maintained by your deponent in her office in the
Town Hall of the Town of Wappinger, Mill Street in the
Village of Wappingers Falls, Town of Wappinger, Dutchess
County, New York
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this f'
day of
1986.
\\=Qte/fr
Notary Public
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combos* itgone*+K
TM (mad 0. D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—WAPP1NGERS FALLS
4PLEASE TAKE NOTICE that the Towrr
Board of the Town of Wappinger will hold
Public Hearivig on March 17. 1966 at 7:15.
.M. at the Town Hall, Mill Street, Weep,.
.' gers Falls, Dutchess County, New York
.-:,.for the purpose of considering the use of ,
-,.. 620,13g.00 of the unallocated Federal
Revenue Sharing Funds for payment of
ion of the insurance premium for the
Wappinger.
"All interested persons are invited to of- .
comments at this Public Hearing.
', Elaine H. Snowden
• . ' ,,i`Town Clerk
. ' 77-•;- "Town of Wappinger
Dated: Mirch,4.41686' ,.',4":: - ' - -
..,,.' Itk,` ''.—..'-, e,, -4-11- - .;-• ‘.--:,-;
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Gisela Schmitz
of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the ...13oolskespikr
of the W. & S.D. NEWS, a newspaper printed and
published every Wednesday in the year in the Town of
•Wappinger, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said
newspaper for . .91.211 ..... weeks successively . . once
. in each week, commencing on the . . 5th. day of . Mar.
. 19.86 . and on the following dates thereafter, namely •
on
and ending on the . . . . 5th . day of. . • March • • •
19.86. both days inclusive.
Subscribed and sworn to before me
this . . . 5.t.13 . day of. . . March .. 19. 86
do.
My commission expires
ALBERT M. OSTEN
NOTARY PU2UC, STATE GF NEN/ YORK
QUALIF;El COUNTY
#14-C240760
COMMISSION EXPIRES MARCH 30.
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
MARCH 17, 1986
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES March 3, 1986 Reg.
4. REPORTS OF OFFICERS:
Receiver of Taxes Bldg. Insp. Zng. Adm.. Hydrant Report
Accountants Annual Audit Report on Wapp./Pk. Landfill Annual Rec.
Comm.(1985 recreational programs)
5. PETITIONS & COMMUNICATIONS
a. Response from Postmaster Schmitt re: complaints at Imperial P.O.
b. Response from Sheriff re: complaints in Wildwood & Rockingham
c. Ping. Bd. Memo re: request that Engineers review possibility
of a proposed Feeder Rd.
d. Request from D. Lasowski, Compt., to attend NYS sponsored work-
shop 7/1 thru 7/3 and Recreation Comm. members request permission
to attend NYS Rec. & Park Annual Conference 5/4 thru 5/7
e. Linda Sapek, DBA "Royal Wines & Liquors, Inc." re: notification
of intent to apply for Liquor License
f. Response from D. Co. Dept. of Planning re: Montfort/Nestler Re-
zoning request
g. Jos. Paggi, Eng. reports: (1) review of Pippin Lane Sewer Backup
(2) List of landowners possibly affected by proposed phase IV
stream & Storm drainage cleaning program
h. R. Blair, CSEA, re: meeting w/ T. Bd.-Labor/management
i. Anthony Rao, Rte 82, request for NB rezoning of property
j. Michael Saunders, Mida Dev. possibility of hookup .to Sewer
for Pye Lane property
k. Wm. McMahon request for partial payment for Security System
installed in new Town Hall
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Authorize expenditure for purchase of maps from County for Eng.
& Attorney.
b. Ll oyd Home & Building Centers, Inc. Rezoning request
8. UNFINISHED BUSINESS
a. Jos. Paggi, Eng. reports (1) Quiet Acres Rec. Bldg. (2) Mid -
Hudson Christian Church - feasibility of W & S hookup to property
b. Lake View Commons - Co-op - R. Brescia proposition
c. Planning Board - proposed Subdivision Regulations revision
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on March 17th, 1986 at the Town Hall,
Mill Street, Wappingers Falls, Dutchess County, New York.
Supervisor Paino opened the meeting at 7:30 P.M.
Present:
Irene Paino, Supervisor
Vincent Farina, Councilman
Gerard McCluskey, Councilman
Davis Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr. Engineer
The meeting started with the Pledge of Allegiance to the Flag.
Mrs. Paino asked the public to remain standing and offer a moment
of silence for the Town of Wappinger and its residents.
The Minutes of the Regular Bimonthly Meeting of March 3 , 1986,
having previously been forwarded to all Board Members, were now
placed before them for their consideration.
MR. FARINA moved that the Minutes of the March 3rd , 1986 meeting,
be and they are hereby approved, as submitted by the Town Clerk.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Reports received included the Receiver of Taxes for January,
the Accountants Annual Audit Report on Wappinger/Poughkeepsie
Landfill and the Annual Recreation Commission 1985 Recreational
Programs.
MRS. PAINO moved to accept the Reports and place them on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Petitions & Communications ---
Mr. Frank E. Schmitt, Manager/Postmaster of the Regional Section
Center Postoffice in Poughkeepsie, replied to our various
complaints relating to the Imperial Postoffice.
Mr. McCluskey, who had brought these concerns to the attention
of the Town Board at a previous meeting, noted that he had
visited the Postoffice to check on the items mentioned and
observed that one light fixture was fixed, the machine was
broken and the American Flag was not flying. He will keep
abreast of the situation and report to the Board.
MR. MCCLUSKEY moved to receive this correspondence and place it
on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Sheriff Scoralick responded to our complaints regarding youth
gathering in various areas of the Town and harassing nearby
residents; he indicated that his department had received
numerous complaints from residents in the area of Wildwood Drive,
Russ Place and the Rockingham area. Deputies have been assigned
to methodically and frequently patrol these problem areas and
his department will cooperate with the Town to eliminate these
activities.
MRS. PAINO moved to receive this correspondence and place it on
file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A Memo was received from the Planning Board enclosing a copy of
correspondence to Commissioner Roger Akeley of Dutchess County
Planning regarding the feasibility of a feeder road on the east
side of Route 9. They have requested the Town Board to authorize
the Engineer to review this possibility of the proposed feeder
road and forward his recommendations to the Planning Board.
MR. FARINA moved to direct the Engineer to the Town to review
the feasibility of a feeder road, as proposed by the Planning
Board and forward his recommendation to that Board.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A request was received from Dennis Lasowski, Comptroller to
attend the New York State sponsored workshop July 1st thru
July 3rd, 1986 at Plattsburg, New York; the registration fee
will be $15.00, lodging $165.00 for three nights, round trip
mileage approximately 600 miles.
A second request to attend a seminar was received from the
Recreation Commission, for the 46th Annual Conference of the
New York State Recreation and Park Society at Kerhonkson, New
York from May 4th to May 7th, 1986.
g(
MRS. PAINO moved that the Comptroller and the Recreation Com-
mission be granted permission to attend their respective
conferences, as requested, and their legitimate expenses will
be a Town charge.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. McCluskey commented that they should review the previous
policy of the Board that employees are allowed to attend one
overnight conference a year, unless it was mandated.
Mrs. Paino stated that these requests would be considered as
they were submitted to determine if more than one per year
would be allowed; in some cases they would be beneficial
as the one for the Comptroller in July related to bonding.
Mr. Farina brought up the fact that no maximum was set for the
meals for the Comptroller during his conference. The Comptroller
was present and when asked said he would leave it up to the Board;
the maximum for those attending the Association of Town's meeting
was set at $50.00.
In lieu of the fact that the Comptroller's seminar was not in New
York City, Mrs. Paino felt that a $35 per day limit would be
sufficient.
A notification was received from Linda D. Sapek, indicating that
she was applying for a liquor license for Royal Wines & Liquors,
Inc. located in the New Hackensack Plaza, Route 376, in the Town
of Wappinger.
MRS. PAINO moved to receive this notification and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino noted that this motion was procedure, it did not
indicate that the Town approved or disapproved of the application,
they had no comments for or against.
The following recommendation was received from the Dutchess
County Department of Planning regarding the Montfort/Nestler
Rezoning Request:
March 7, 1986
To: Town Board, Town of Wappinger
Re: Referral 86-075, Montfort and Nestler Rezoning
Parcel No. 6156-02-839925 and 865914
The Dutchess County Department of Planning has reviewed the
subject referral within the framework of General Municipal Law
(Article 12B, Sections 239-1 and 239-m). The Department has
considered the proposed zoning amendment in the context of
countywide and intermunicipal factors and finds that the
Board's decision involves a matter of special concern.
The subject properties are now divided by a line separating
residential (R-80) and business (HB -2A) zones. The portions of
these properties which lie within the business zone are part of
a developing commercial park accessed by an internal road
extending from Old Route 9 to the properties. The portions of
these properties which are within 300' of Smithtown Road are
part of a rural residential neighborhood. This request would
extend the HB -2A zone across the subject properties to Smithtown
Road. It would also have the effect of releasing commercial
pressures onto the adjacent lands of the residential neighborhood.
Developers of either property may be inclined to establish access
onto Smithtown Road that would encourage commercial traffic;
buildings and associated paved areas would necessarily remove
the woods that now serve as a natural buffer between the two
zones; residential properties to the northwest would be bounded
by the through road or by business uses, isolating them somewhat
from the rest of the neighborhood and diminishing their value
as residential sites.
Given that the commercial park is meant to provide a site for
concentrated, large-scale, non-residential uses, it would seem
inappropriate to link the site with an established residential
area. The uses permitted by the proposed rezoning constitute
an unnecessary intrusion into the residential R-80 zone.
Therefore, the Department recommends that the Board deny the
requested rezoning.
If the Board determines to act contrary to our recommendation,
the law requires that it do so by a majority plus one of the
full membership and that it notify us of the reasons for its
decision.
The Dutchess County Department of Planning does not presume
to base its decision on the legalities or illegalities of the
facts or procedures enumerated in the subject zoning action.
s/ Edwin Welsh, Planner
MRS. PAINO moved that copies of the recommendations of the
Dutchess County Department of Planning and the Town Planning
Department be forwarded to the owners of the parcels, John
Montfort and Bruce Nestler.
Seconded by Mrs. Visconti
Motion Unanimously Carried
MRS. PAINO moved to set a Public Hearing on the Amendment to
the Zoning Ordinance (Montfort/Nestler (R-80 to HB2A) on
April 21, 1986 at 7:15 P.M. to hear all interested persons.
Seconded by Mr. Reis
Motion Unanimously Carried
A report was received from the Engineer regarding a sewer
backup at Pippin Lane. Mrs. Paino noted that a resident had
complained of a backup in her basement and according to the Engineer
there appeared to be a grease backup, although he did indicate
that there was a possibility that the lines were not in the
proper grade.
MRS. PAINO moved to direct the Engineer to perform the necessary
survey work at that location to determine if this is a Town
problem.
Seconded by Mr. Reis
Motion Unanimously Carried
The second report from the Engineer included a list of names
of landowners on Edgehill/Hilltop Drive, that may be affected
by the proposed Phase IV Drainage Project planned in that area.
Mrs. Paino noted that a work shop meeting will be set up with
these residents to apprise them of this project prior to any
action to commence with Phase IV.
MRS. PAINO moved to receive the Engineer's report and place it
on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A letter was received from the Civil Service Employees Associa-
tion requesting a Labor/Management meeting with the Town Board
sometime in early March.
Under the terms of the contract with the CSEA and the Town
Highway Department, the Town Board, representatives from CSEA
and the Highway Employees must meet quarterly; a special work
shop meeting has been arranged for Thursday, March 20, 1986 at
8 P.M.
A rezoning request was received from Anthony and Joyce Rao
for their parcel on Route 82 at the northeast section of the
Town to be rezoned to "Neighborhood Business".
Mrs. Paino noted that she has set a work shop meeting to
discuss their request on March 27, 1986 at 9:30 P.M.
MRS. PAINO moved to receive this correspondence and place it
on file.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Mitchell Saunders, President of Mida Development Corporation
wrote to the Board regarding connecting their parcel on Pye Lane
(Keenan Acres) to the Town sewer and requested that the Town Board
set up a work shop meeting for discussion of this matter.
Mrs. Paino agreed to arrange a work shop meeting with Mr.
Saunders to discuss a sewer connection to the Town system.
MRS. PAINO moved to receive this correspondence and place it
on file.
Seconded by Mrs. Visconti
Motion Unanimously Carried
The Supervisor's Office has had a request for partial payment
for the security system that has been installed in the new Town
Hall.
According to the contract with the Hammond Security Company,
a 95% payment was required when the work was substantially
complete; at this time Mr. William McMahon was requesting 80%
of the amount due. It was noted by Mrs. Paino that the work
is about 80% completed and she recommended that a partial
payment of $12,000 be paid to that company towards the present
balance of $15,000.
MRS. PAINO moved to authorize the expenditure of $12,000 payment
to Hammond Security Systems for the system installed in the new
Town Hall.
Seconded by Mr. Reis
Motion Unanimously Carried
Committee Reports ---
Mr. McCluskey had no reports for this meeting.
Mr. Reis, Elections, reported that as of today, there is a
vacancy on the Dutchess County Legislature in District 7, which
was occupied by Joseph Poillucci, who is now the Republican
Commissioner of Elections. It is the responsibility of the
Town of Wappinger and the Town of Poughkeepsie to appoint a
person to that position within thirty days. The procedure they
will follow is termed weighted voting; there are three districts
in both the Town of Wappinger and the Town of Poughkeepsie.
The total population of the three districts in the Town of
Poughkeepsie will be divided by 7, representing the number on
their Town Board; the total population of the three districts in
the Town of Wappinger (4,100) will be divided by 5, the number on
the Wappinger Town Board. At a joint special meeting of both
Town Boards, the votes will be cast and the person chosen to fill
iFa
the remainder of Mr. Poillucci's term; in November, at the
General Election, this person will run for election for this
position as County Legislator in County District 7. The
Supervisor will contact the Town of Poughkeepsie Supervisor to
set up a special meeting within the thirty day period.
Mrs. Paino noted that she will contact the Poughkeepsie Supervisor
when she returns from Spain on the 22nd of March.
Mr. Reis, Building and Housing, reported that the interior of
the Town Hall is 98% complete according to the punch list that
has been prepared for the contractor. He will meet with the
contractor and Engineer this week to determine what will be done
with the exterior grounds. There is some concern on drainage
problems that may occur.
Mr. Farina, Landfill, reported that the permit issued by the
Department of Environmental Conservation for use of the landfill
site at Castle Point is still in effect until 1987. There will
be a spring clean-up and he will meet with the Highway Superin-
tendent to determine the dates. The landfill will also be open
one Saturday a month as we have done previously.
Water & Sewer, nothing has been received from our Attorney or
the Fishkill Attorney regarding the contract for providing water
service for the Wappinger residents who were connected to the
Brinckerhoff Water System, now owned by the Town of Fishkill.
On sewer, Camo Pollution Control has forwarded a 3 year schedule
on the flushing of the sewer lines to maintain them properly.
Mrs. Visconti had no reports for this meeting.
Mrs. Paino reported that she attended the Public Hearing today
with Mrs. Visconti, regarding the Richmor Aviation proposal to
be a fixed base operator at the Dutchess County Airport. It was
held at the County Legislature Chambers at 4 P.M. Mrs. Paino
addressed the Legislators on behalf of the Town Board and the
Town residents and reiterated their opposition to this proposal.
Along with the opposition to the increased air traffic, there
was concern on Item #28 of the proposal, which indicates that
Richmor will be allowed to relocate its corporate charter flight
department, when and if the proposal is approved. Another portion
allows the transfer of a minimum of 6 aircraft and they will be
providing space for at least 12 more aircraft in that vicinity.
9/
Although the hours state 8 A.M to 10 P.M., it does not confine
them to these specific hours ---they could be earlier and/or later.
The financial statement submitted by Richmor was not a convincing
fact that this will be a benefit to the County --that remains to
be seen.
Mrs. Paino re the acceptance of the Pizzagalli water booster
station that interconnects Atlas Water Company and Central
Wappinger Water Improvement Area, reported that there will be
a meeting on March 21, 1986 at 9 A.M. at the booster station
site to discuss the testing procedures that will be done in the
distribution system of CWWIA. The Engineer to the Town and
their Engineer will meet with representatives of IBM to set up
a flow testing of our system and report to the Board when
completed.
Resolutions ---
At the last meeting a request to purchase County maps to assist
with the master plan and zoning, by the Engineer and the Attorney
to the Town, was tabled for further information regarding the
cost.
Mrs. Paino met with County Officials regarding the importance
of updating Town maps and learned that these maps will not
exceed the cost of $160.00 which will actually be a mylar
which can be used to print future maps. Dutchess Count Depart-
ment of Planning has offered their services free of charge.
MRS. PAINO moved to authorize the expenditure of an amount not
exceeding $160 for the updated base map.
Seconded by Mr. Farina
Motion Unanimously Carried
The following Amendment to the Zoning Ordinance was introduced
by SUPERVISOR PAINO:
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 portion of a
parcel of land from R-20 (Residential) to HB -2A (Highway
Business - 2 Acres) classification, said portion of real
property more particularly described as follows:
All that parcel of land situate in the Town of
Wappinger, County of Dutchess and State of New York,
bounded and described as follows:
Beginning at a point on the Southerly division
line of the herein described parcel and the Northerly
line of lands now or formerly Matthew and Audrew Hussey
(Liber 1065, Page 535) said point being North 74-46-00
West 26.22 feet, North 87-58-00 West 144.30 feet and
North 85-36-00 West 31.05 feet from the Northeast corner
of the aforementioned Hussey, and the Westerly line of
Osborne Hill Road, running thence Westerly along the
Southerly division line of the herein described parcel
and along the Northerly line of the aforementioned
Hussey, North 85-36-00 West 130.45 feet, North 86-07-00
West 133.30 feet, and South 55-13-00 West 1.53 feet to
a point marking the Southwest corner of the herein
described parcel and the Easterly line of lands now or
formerly Barry cohen, running thence along the same,
North 14-30-10 East 74.94 feet, North 14.42-10 East
201.44 feet, North 24-51-10 East 234.93 feet, and North
59-22-50 East 9.97 feet to a point marking the most
Northerly corner of the herein described parcel and the
Easterly line of a zoning line designated as R-20, running
thence Southerly through other lands of the grantor herein,
and along said zoning line, South 09-48-30 East 511.28
feet to the point or place of beginning.
Containing 1.675 acres of land more or less.
Subject to restrictions, restrictive covenants,
easements and/or agreements of record, if any.
PRESENT OWNERS:
22 Associates, LTD
Tax Grid Number: 19-6157-04-599136-00
Deed Recorded: Liber 1688 Page 519
Said described parcel being a portion of the above
owners 5.00 acre parcel, which is bounded by the following
parcels of real property:
South by Matthew and Audrey Hussey
West by Barry Cohen
North by Stella & Phillip Dominicus
East by U.S. Route 9
SECTION II. This amendment shall become effective
upon adoption, Posting and Publication, as prescribed by
Town Law.
MRS. PAINO moved to set a Public Hearing on the above Amendment
to the Zoning Ordinance on April 21, 1986 at 7:00 P.M. at the
Town Hall, Mill Street, Wappingers Falls, New York, to hear all
interested persons.
Seconded by Mr. McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Joseph Incoronato, was recognized by the Chair and asked if the
Dutchess County Department of Planning had forwarded a recom-
mendation on this rezoning. Mrs. Paino asked that the following
letter from that department be read into the Minutes:
q3
November 8, 1985
To: Zoning Board of Appeals, Town of Wappinger
Re: Referral 85-617, 22 Associates Variances
Parcel No. 6157-04-599136
The Dutchess County Department of Planning has reviewed the
subject referral within the framework of General Municipal
Law (Article 12B, Sections 239-1 and 239-m). The Department
has considered the proposed activity in the context of
countywide and intermunicipal factors and finds that the
Board's decision involves a matter of local concern.
The Department notes that the applicant is requesting that
the parking requirement be related to the amount of floor
space committed to a particular activity, rather than the
total floor space developed for the property's principal
use. We offer this caution: whatever parking is provided,
may be sufficient for current needs, but, if future use is
altered in some way, then more parking may be required. It
may be appropriate to allow development of the number of
spaces needed for the currently planned use, but to reserve
an additional area for as many spaces as would be required
by full development of the most parking -intensive permitted/
planned use.
The Department also notes that the applicant is seeking to
place a number of spaces within the residential zone that
occupies the western portion of the parcel. The location
of the zone boundary is currently determined by the distance
from the road, but it may be appropriate to place it along
the parcel's west boundary (that would, of course, be the
prerogative of the Town Board). Nonetheless, we encourage
the Board to assure that any encroachment into the residential
zone be buffered by appropriate landscape elements to minimize
the impact on adjacent permitted uses.
The Department has no objection to the variances requested
and recommends that the Board's decision be based upon its
own study of the merits of the proposal.
The Dutchess County Department of Planning does not presume
to base its decision on the legalities or illegalities of the
facts or procedures enumeratedin subject zoning action.
s/ Edwin Welsh, Junior Planner
Since the Ordinance is being introduced tonight, Mrs. Paino
noted that it would be referred to the Dutchess County Department
of Planning for an update on their recommendation; it will also
be referred to the Town Planning Board for their recommendation.
Mr. Incoronato continued with his questions and noted that
several weeks ago Mrs. Paino indicated that she was reluctant
to consider Lloyd's rezoning request until the Route 9 corridor
study was completed; this has not occurred, yet the Board is
considering this request. Mrs. Paino replied that he had mis-
interpreted her comments; she had stated that she would request
the County Planning Department to take this rezoning request into
consideration, bearing in mind that the Town of Wappinger will
be participating in the Route 9 corridor study;she further noted
that this is merely the procedure they are following to set a
9�.
public hearing; it does not indicate that the Town Board is
approving or rejecting this particular request.
A Public Hearing having been held on March 17, 1986 on a proposed
expenditure of unallocated Federal Revenue Sharing Funds for
payment of a portion of the Town's insurance premium, the
matter was placed before the Board for their consideration.
The following resolution was offered by COUNCILMAN MCCLUSKEY
who moved its adoption:
WHEREAS, a public hearing has been held in reference to
the expenditures of $11,426.00 of Federal Revenue Sharing
Funds, and
WHEREAS, expenditure of the forementioned funds have
been approved,
NOW, THEREFORE, BE IT RESOLVED, that $11,426.00 be
transferred from the 1986 Federal Revenue Sharing Funds
to line item A1910.40 liability insurance.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
Unfinished Business ---
At a previous meeting the Recreation Commission requested the
Town Board to authorize the Engineer to prepare specs to go to
bid on a storage building at the Quiet Acres playground. Since
the area is conducive to flooding, the Board was reluctant to
give this authorization until the area was inspected by the
Engineer and a report submitted by him as to the feasibility
of constructing a building in that area. A report was received
and the Engineer's findings are as follows:
1) The site is located in an R-20 Zone, which permits
municipally owned and used buildings.
2) The minimum setback for an accessory building is 10 feet.
3) The majority of the land is in the 100 year flood plain
as shown on the HUD maps.
4) On the south side of the property, at the north end of
the entry road, there are two locations at which the
proposed structure could possibly be located.
5) To determine if these locations are on Town property,
and what the base elevations, are, a detailed field
survey must be done.
MRS. PAINO moved to authorize the Engineer to do a field survey
at Quiet Acres to determine if the proper location for a building
is on Town property.
Seconded by Mr. Reis
Motion Unanimously Carried
The second report from the Engineer pertained to the feasibility
1-(
of providing sewer and water service to the 5+ acre parcel
owned by the Mid -Hudson Christian Church on All Angels Hill
Road. Mr. Paggi reported that the parcel is not located in
the Rockingham Farms Sewer District, but is located in Central
Wappinger Water Improvement Area. There appears to be no
practical availability of either utility for the parcel.
Mrs. Paino requested that a letter be sent to Reverend Larry
Bowden, Minister of the Mid -Hudson Christian Church informing
him of the Engineer's recommendation on his request.
A proposal from Mr. Brescia for the Lake View Commons Co-op
was referred to the Attorney at the last meeting for her
investigation on a new zoning category and enforcement of
the by-laws presented with the proposal.
MRS. PAINO moved to table the request and refer it to a future
work shop for discussion with the Attorney to the Town.
Seconded by Mr. Reis
Motion Unanimously Carried
The proposed revision of Subdivision Regulations were forwarded
to the Town Board for comments at the last meeting; this was
tabled for further review by the Board. The Attorney to the
Town is presently reviewing these Regulations and a report is
forthcoming.
MRS. PAINO moved to table comments on the Subdivision Regulations
pending a report from the Attorney to the Town.
Seconded by Mr. Reis
Motion Unanimously Carried
Referring to several complaints received from Deborah Foy,
4 Spring Hill Court, addressed at the previous meeting, Mrs.
Visconti reported that she and the Highway Superintendent
reviewed these items at the areas mentioned on March 13, 1986.
Their findings were as follows: the present speed limit (40MPH)
on Diddell, Maloney and Smith Crossing Roads, are mandated by the
New York State Department of Transportation; the suggested lower
speeds on the curves are also in conformity with existing state
requirements. The cost to widen the roads to eliminate sharp
curves, which would involve tree removal and purchase of property,
would be prohibitive to the taxpayers at this time. Both she and
the Highway Superintendent agree that this should be considered
in future development. They also agree that a "Yield" sign
should be placed at the intersection of Daley and Maloney Road
and Mr. Croshier will add this to his list of items to be done.
The posted speed of 30 MPH on Spring Hill Court dead end road
appears to be in compliance with existing formats. In regard
to this, Mrs. Visconti intends to request that Mrs. Foy submit
additional reasons for the need of a lower speed limit. Mr.
Croshier also has on his agenda, depending on weather and his
work load, correction of drainage problems at Smith Crossing
Road, by the installation of a 380' pipe. She suggested that
a letter be forwarded to the Dutchess County Department of Public
Works to confirm road markings on Diddell, Smith Crossing Roads
and Robinson Lane. They concur that the two underpasses should
have immediate postings, such as, "One Lane Underpass", "Sound
Horn Before Entering" and/or "Proceed With Caution"; widening
of these underpasses should be addressed with future development.
Mrs. Visconti questioned the status of the traffic light approved
by NYSDOT at the intersection of Route 376 and Robinson Lane.
This request was made over a year ago, in conjunction with the
Town of East Fishkill; the last communication received from the
NYSDOT in May of 1985 indicated that they agreed a traffic light
is justified based on their study and will be installed under a
Capital Construction Project; no date of installation available.
MRS. VISCONTI moved to forward a letter to NYSDOT requesting the
status of the traffic signal to be installed at the intersection
of Route 376 and Robinson Lane, Town of East Fishkill.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. McCluskey noted that if the "Yield" sign intended for the
intersection of Daley and Maloney Roads was a new sign, the
Town would have to pass a local law authorizing the Highway
Superintendent to install it; if it was a replacement, no further
authorization was required.
Joseph Incoronato was recognized by the Chair and referred to
a previous question to the Board at the January Meeting relating
to the disposition of the Capolino zoning violation case; he
also referred to the free standing signs on the Redl property on
Route 9 which is also a violation of the Zoning Ordinance, and he
ql
had also raised the issue of removal of fill at the Lawrence
Farms site. At that time the Town Board assured him it would
be looked into, now here it is March and he would like to know
the status of these violations. New laws have been passed which
allow the Building Inspector, the Fire Inspector and the Zoning
Administrator to issue appearance tickets ---what has happened
to that.
Mrs. Paino responded that the violations mentioned have been
referred to the Zoning Administrator who has only been in office
a short time and has a backlog of complaints to take care of.
As for the appearance tickets, the procedures are being reviewed
by the Attorney to the Town, the Officials involved and our Justice
Court.
New Business ---
Mrs. Visconti reported that she had received inquiries regarding
the occupancy of Nanco Labs Inc. in the former Spring Hill
Restaurant on Robinson Lane. She referred to a newspaper article
which stated that Nanco Labs is one of five businesses suspected
of contaminating resident's well. "One of the chemicals found
was benzene, which has been linked to leukemia in humans; several
of the residents blamed Nanco Labs Inc., a Hopewell laboratory
that tests water and soil samples for pollution"; the lab has
denied that it is causing the pollution. Mrs. Visconti brought
up another concern regarding the fact that the former Spring
Hill Restaurant is sitting on the Sprout Creek aquifer. She
has spoken to an East Fishkill official who suggested that we
send a letter to their Town Clerk expressing our concern of the
Town's water supply.
MRS. VISCONTI moved that a letter be directed to the Town Clerk
of East Fishkill inquiring whether the Nanco Labs Inc. has been
found to be a polluter of water.
Seconded by Mr. Reis
Motion Unanimously Carried
There was no other business to come before the Board.
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr. Reis
and unanimously carried.
The meeting adjourned at 8:30 P.M.
Reg, Bimonthly Mtg. 3/17/86
Elaine H. Snowden
Town Clerk