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1984-11-05 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING NOVEMBER 5, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES _0 a t5 ,`&4 4. REPORTS OF OFFICERS: Zoning Administrator Compt/Sup 5. PETITIONS & COMMUNICATIONS a. Public Notice for U.S. Army Corp of Engineers permit - Tri -Municipal b. Thos. Logan, Assessor, Report on New Veterans Tax exemption Info c. Ernst Martin, Jr., P.E. request for Wm & Dorothy Ferguson, Top'0 Hill Rd., to tie into CWW d. Thos. Logan, Assessor, request to attend one day seminar in Saratoga Springs at his own expense e. Performance Bond offered to Town for Section I -Shelburne Hills Rd 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Adoption of 1985 Town Budget b. Authorize Supervisor to sign Deed for ROW Taking by County of Schlathaus property c. Authorize levy of unpaid emergency repair costs in CWWIA on 2 parcels(r� e 't� ( � `ch, VCQOI rl . 1 �A 8. UNFINISHED BUSINESS a. b. c. d. Mrs. Zak re: Redl property Jo Mo Realty - Landfilling permit request Fee schedule for Fire Prevention Bureau IP") (01-44,... Pit e E...,.Y n his cQ ►,,,,Q _ zt.,t'clj •cu,. 9. NEW BUSINESS dl, 57 cro lt virtAij t- t Bran pr, X -(o L. ti• {t,, (AI ell l t -I c -y 10. ADJO NT b ` ` Pc��, �s a-kr.ti,� - -h (rat Vaca ( po'$.-4‘;rts. The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on November 5, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Versace opened the Meeting at 8:05 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Bernard Kessler, Attorney Ronald Evangelista, Engineer Kenneth Croshier, Highway Superintendent The Meeting began with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of October 15th, 1984 having previously been forwarded to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the Minutes of October 15th, 1984, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mr. McCluskey Motion Unanimously Carried A report was received from the Zoning Administrator and the Supervisor/Comptroller report thru September 30, 1984. MRS. PAINO moved to accept these reports and place them on file. Seconded by Mrs. Ballard Motion Unanimously Carried A Public Notice was received from the U. S. Army Corps of Engineers notifying those:ooncerned that the applicant, Tri - Municipal Sewer Commission was planning the construction of a Sewage Treatment Facility which would involve the following waterways: Wappinger Lake, Wappinger Creek and the Hudson River. They asked that all comments and/or objections be prepared in writing and forwarded to their office prior to the expiration of the notice (Nov. 23, 1984). MR. INCORONATO moved to refer the matter to the Engineer for review and submission of his report at the November 19th, 1984 meeting. Seconded by Mrs. Paino Motion Unanimously Carried A report was received from Assessor Thomas Logan regarding the new Veterans Tax Exemption and an approximate estimate of impact on Town Tax Rate if this law was adopted by the Town. Mr. Versace noted that a work shop session has been set for November 15th, 1984 to discuss this report with Mr. Logan. MR. VERSACE moved to receive this report for discussion at the work shop session. Seconded by Mrs. Ballard Motion Unanimously Carried A request was received from Ernst Martin Jr. from the firm of Paggi & Martin for a water hookup to the Central Wappinger Water Improvement Area for his clients, William and Dorothy Ferguson at Top -O -Hill Road. Mr. Martin was present and explained that the property is within the water area; approval from the Town Board is normal procedure requested by the Dutchess County Department of Health. MR. VERSACE moved to grant permission to William and Dorothy Ferguson to tie into the Central Wappinger Water Improvement Area subject to approval from the Dutchess County Department of Health. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Logan, Town Assessor, wrote to the Board requesting permission to attend a.one day seminar at Saratoga Springs on November 8, 1984, at his own expense. MR. MCCLUSKEY moved to grant permission to Mr. Logan to attend this seminar at Saratoga Springs at his own expense. Seconded by Mrs. Ballard Motion Unanimously Carried A Performance Bond was forwarded to the Board from William Molloy, President of Granite Homes, Inc. for Shelburne Hills Subdivision, Section I, in the amount of $22,940.00. The Engineer approved the amount of the bond, however the Attorney was not satisfied with past experiences with bonds tendered to municipalities. He recommended that in the future the Town should request Letters of Credit since the money would be available from the banks that issued them if the developer defaulted on his performance. There was some question on whether the Town could request a Letter of Credit from Granite Homes in this particular instance since they had requested submission of a bond. Mr. Johnson was recognized by the Chair and pointed out that the Town had not been accepting bonds for over two years after the experience they had with litigation on the Serenity Homes Subdi- vision. It was his opinion that they could use this precedent in the matter that was now before them and request Granite Homes to submit a Letter of Credit instead of the Performance Bond. MR. VERSACE moved to authorize the Attorney to contact Mr. Molloy of Granite Homes, Inc. to discuss the matter of their submission of a Letter of Credit for Shelburne Hills Subdivision, Section 1. Seconded by Mrs. Paino Motion Unanimously Carried The Town Clerk informed the Board that she was served with a Notice of Petition from Consolidated Rail Corporation against the State Board of Equalization and Assessment. Although it did not directly affect the Town, she recommended that it be referred to the Attorney. MR. MCCLUSKEY moved to refer the Notice of Petition from Consolidated Rail Corporation to the Attorney to take whatever action was neces- sary on behalf of the Town. Seconded by Mrs. Paino Motion Unanimously Carried Committee Reports, Mrs. Ballard reported that one of the Dog Control Officers appointed a few months ago has informed her that he can no longer perform this service; she recommended that they advertise for a person to take this position. MRS. BALLARD moved to request the Town Clerk to place an ad for an additional Dog Control Officer in the W & S. D. News within the next two weeks. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino had no reports to submit for this meeting. Mr. Incoronato, Water Committee, presented the following proposal: Proposal for Regular Chemical Analysis of Wappinger Water Sources A study by the U. S. Congressional Office of Technology Assessment, released last month, reveals that chemical contamina- tion affects every state in the union; has closed more than 1,000 wells; and, over the long run, threatens the water supply of half the nation's population. This pervasive contamination of precious underground water resources frequently goes undetected and unpublicized. However, I'm pleased to report that a recent Camo Labora- tories analysis of the Fleetwood Water Wells, one of five systems managed by the Town of Wappinger, has proved negative for numerous toxic metals, herbicides, pesticides and acidity. The bad news, however, is that this comprehensive battery of tests is mandated by the State Board of Health only once every three years, simply too long a period to risk undetected contamination. To help ensure the purity of Wappinger's water resources, I'm proposing that this series of tests, known as the New York State Part 5 drinking water standards be conducted annually for municipally -operated wells now serving about half the Town population. As an added safeguard, I also asked Camo Labs to perform an aromatics test to detect any petroleum products or solvents present in the Fleetwood wells. The results are in and this analysis, never before conducted on Town systems, shows the absence of any harmful petroleum derivatives in the Fleetwood system. I believe this sophisticated screening, which measures with a sensitivity as small as one part per billion, should be extended to our other municipal systems on an annual basis. Therefore, in our upcoming budget deliberations, I'll encourage this Town Board to appropriate sufficient funds for all these tests, about $700 per water district, and I'm confident we shall provide this toxic chemical screening on a timely basis starting in 1985, because I know this Board shares my concern about the quality, as well as the quantity of our drinking water. Mrs. Paino commented that she would support this proposal and requested that a representative from Camo Pollution Control be present at the Board's work shop review of the budget to discuss the various tests, their purpose and the approximate cost. Mr. McCluskey had no reports for this meeting. A Public Hearing having been held on the 1985 Preliminary Budget on October 29th, 1984, the matter was placed before the Board for their consideration. Mr. Versace stated that he set up a work shop session for November 8th, 1984 to review comments made at the public hearing on the budget. MR. VERSACE moved to table adoption of the 1985 Budget until the meeting of November 19, 1984. Seconded by Mr. McCluskey Motion Unanimously Carried A deed was forwarded to the Supervisor conveying lands of the Town on County Road 94 (Schlathaus Property) to the County for Right -of -Way taking for reconstruction of that road. The Town had already approved the amount of $3,500.00 for that parcel and all that was required at this time was the Supervisor's signature on that deed, MRS. PAINO moved to authorize the Supervisor to sign the deed for a portion of the Schlathaus Property for right-of-way taking by the County. Seconded by Mrs. Ballard Motion Unanimously Carried The following resolution was offered by SUPERVISOR VERSACE: RESOLVED, the following amounts of monies be levied on the respective legally described properties for the 1985 realty tax collection as charges reimbursable to Central Wappinger Water Improvement Area. Joyace Wilson -Smith 19-6356-01-130945 $428.25 Donald H. & Lorna Woodside 19-6258-03-449004 452.00 such expenditure having been incurred by the CWWIA for emergency repairs and chargeable to the property owner in accordance with the Local Ordinance adopted February 13, 1980, amended April 16, 1984, Section II Paragraph B, (1 & 3). Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays One bid was received and opened on November 5th, 1984 for the Stream Cleaning of Robert Lane. The bid was received from Ben Ciccone, Inc. in the amount of $14,705. Mrs. Snowden noted that the Non -Collusion Statement was not signed by the contractor. The Attorney reviewed the contract but did not feel that the omission of this signature was a big problem; most bidders now know that the non-collussion has to be certified; it apparently was .an oversight. The statement was enclosed in the bid package, however there was no provision for the bidder to sign and he evidently overlooked it. The Engineer's report fixed an estimate of $15,000 to $18,000 range on this project and recommended that the bid be awarded to Ben Ciccone, Inc. and the work commence immediately. Mr. McCluskey was not happy about one bid being received and asked the Engineer if it was important that the project be done immediately. Mr. Evangelista replied that in view of what the homeowners go through in the spring in that area, he felt it should begin as soon as possible. The Attorney noted that although he has communicated with the residents who would be affected by this project and requested signed releases to allow the contractor to enter onto their property, he has not received the signed authorizations. MRS. PAINO moved to award the Stream Cleaning Contract for Robert Lane to Ben Ciccone, Inc., in the amount of $14,705.00 and authorize the Supervisor to sign the contract subject to notifications from the Attorney that the required releases had been received and further subject to the contractor's signature on the Non -Collu- sion Statement. Seconded by Mrs. Ballard Motion Unanimously Carried At the September 4th, 1984 meeting, Mr. Incoronato introduced Amendments to the Zoning Ordinance regarding Special Use Permits and a Public Hearing was set for October 1st, 1984. This Public Hearing was not held due to revisions of the text. At this time Mr. Incoronato wished to place the revised amendments before the Board. The following Amendments to the Zoning Ordinance were introduced by COUNCILMAN INCORONATO: BE IT ENACTED AS FOLLOWS: That Section 432 entitled, "Application for a Special Permit" shall be amended to read as follows: Application for a Special Permit "Application for required special permits shall be made to the '7 Zoning Board of Appeals. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and unless so endorsed shall not be entertained by said Board. The Zoning Board of Appeals (ZBA) shall have original jurisdiction for granting special permits based on the provisions of this section. The ZBA may impose whatever reasonable land use conditions and provisions it deems necessary to reflect the spirit and intent of the Town Development Plan and/or Zoning Ordinance. The Zoning Board of Appeals, after public hearing with the same notice required by law for zoning amendments shall, within sixty (60) days after the final hearing, file with the Zoning Administrator a decision on said application. The applicant may grant extensions of either of the above stipulated review periods provided, however, that any extension of time granted to the Planning Board shall equally extend the time to act for the Zoning Board of Appeals. The Board of Appeals may authorize the issuance of a permit, provided it finds that all of the following conditions and standards stated, but not limited to, have been met:" and BE IT FURTHER ENACTED: That Section 434 entitled, "Review by Other Agencies" be amended to read as follows: Review by Other Agencies "Upon receipt of a completed application for a special permit, the ZBA may request written comments or a brief advisory report from the Planning Board for any concerns they may have concerning the proposed site development plan. Where such requests are made, the Planning Board shall respond to the ZBA within 45 days from the date such referral is received by the Planning Board Secretary. The ZBA may forward, where determined appropriate, one copy each of the application to the Town Engineer, the Superintendent of Highways, the Wappinger Environmental Council, Fire Department, the Dutchess County Soil and Water Conservation District, and the Dutchess County Department of Health; in addition, copies shall be forwarded to the Dutchess County Planning Department when such proposed development abuts a State or County Highway, park, drainage channel or building site, and to the Clerk of any abutting municipality where the property proposed for such development is located within five hundred (500) feet of such municipality, and other agencies, the New York State Department of Environmental Conservation which may have jurisdiction together with a request for review and report by said agency. Each agency may submit a report, including its recommendations which report, if it is to be considered, should be returned to the ZBA within thirty (30) days of the date such referral was submitted". and BE IT FURTHER ENACTED That Section 450.1 be amended to read as follows: 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 plan and conditions. Revisions of such plans shall be subject to the same approval procedure". and BE IT FURTHER ENACTED That a new section, to be numbered 450.51, be added to read as follows: Application to Building Inspector "Following site development plan approval, application shall be made to the Building Inspector for a building permit". MR. INCORONATO moved to set a Public Hearing on the above Ordinance Amending the Zoning Ordinance on December 3rd, 1984 at 7:45 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested persons. Seconded by Mrs. Ballard Motion Unanimously Carried Under Unfinished Business, Mr. Incoronato gave a report on some of the concerns of Mrs. Zak regarding the Redl Property on New Hackensack Road. One of these items related to the lack of notification to abutting owners on a proposed rezoning. This was a Town Board function and did not require this procedure, however he did determine that no notifications were sent of a public hearing held by the Zoning Board of Appeals regarding the interpretation of the use of the land. Although the Zoning Administrator informed him this procedure was not mandated by the Zoning Ordinance he differed with her interpretation of Section 513 of the Ordinance which pertained to procedures on public hearings held by the Zoning Board of Appeals. He would pursue this matter further with the Attorney. Another matter brought to his attention by Mrs. Zak was the fact that the developer had not complied with the Planning Board requirement of plantings along the residential boundaries of the Redl property. Mr. Incoronato intended to bring this to the Planning Board's attention and further discuss it with the Attorney. Mrs. Zak was present and stated that she felt Mr. Incoronato had pursued her concerns although this did not alter the fact that the area residents were stuck with this rezoning. Her last request was to urge the Board to insist on the developer's compliance with the Planning Board requirement of planting the evergreens as a buffer along the residential boundaries. In the matter of the Jo Mo Raalty request for a landfilling permit, no further information had been received and Mr. Versace requested that this be tabled to the November 19th, 1984 meeting. The following resolution was introduced by SUPERVISOR VERSACE: BE IT ENACTED AS FOLLOWS: 1. The fee for an inspection of a small business (anything under 2,500 square feet of space) shall be the sum of $20.00. 2. The fee for inspection of multiple residences shall be the sum of $50.00. 3. The fee for inspection of mobile home parks containing more than ten units shall be $50.00. 4. The fee for inspection of mobile home parks containing ten units or less shall be the sum of $20.00. 5. In the event one reinspection is to be made thereafter, there shall be no charge for such reinspection. 6. In the event a second reinspection is necessary, the fire inspector is authorized to issue a citation to the owner and/or operator for Court proceedings. MR. VERSACE moved to set a Public Hearing on the Fee Schedule submitted by the Fire Prevention Bureau on December 3, 1984 at 7:30 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all interested persons. Seconded by Mrs. Paino Motion Unanimously Carried A request was received from James Klein for a building permit for a model home in the Kendell Farm Subdivision. Mr. Evangelista had no objections to the issuance of this permit for the model home. MR. VERSACE moved to approve the issuance of one building permit to Mr. Klein for the construction of a model home in the Kendell Home Subdivision at the recommendation of the Engineer and subject to the submission and acceptance of a plot plan for the structure. Seconded by Mrs. Ballard Motion Unanimously Carried Under New Business, a letter was received from Theresa Garrison, 10 Sales Associate with Awards Realty addressed to Mr. Versace requesting a reimbursement of $50.00 to Mrs. Holleran for a map of water lines on Gold Road which was purchased from Mr. Lapar. Mr. Versace explained that this map was needed by Mrs. Holleran to locate the water lines on the property she intended to purchase through the Awards Realty Company and he had previously advised her to purchase the map from Mr. Lapar and the Town would reim- burse her this fee. MR. VERSACE moved to authorize the reimbursement of the $50.00 fee to Mrs. Holleran which was paid to Mr. Lapar for a. map of the water lines on a parcel of property on Gold Road. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Logan wrote to the Board requesting the temporary appoint- ment of Kay Bartolotti as Assessor Aide to fill the vacancy created by the resignation of Bridget Gannon and he further requested that Mrs. Bartolotti be paid the same salary as the former employee. MR. INCORONATO moved to appoint Mrs. Bartolotti as Assessors Aide on a temporary basis at the same salary paid to Mrs. Gannon when she resigned from that position. Seconded by Mrs. Paino Motion Unanimously Carried Ken Brown, 11 Sherwood Heights, was recognized by the Chair and related an incident from this past week end of raw sewage from the Carmel Heights Subdivision leaking onto his street and into the storm drains. The situation was corrected but his question to the Board was what caused the leakage and what corrective action was being taken to assure the residents that this situation would not be repeated. The pump evidently was malfunctioning and although the Town was not responsible, Mr. Versace contacted a representative of Camo Pollution Control who determined the problem and controlled it manually. When Mr. Segal became aware of the overflow he retained the services of Camo until he could contact his own contractor and is now monitoring the system daily. Mr. Brown expressed concern that this problem would be repeated and requested the Board to withhold building permits in that subdivision until the situation was permanently under control. MR. VERSACE moved to notify the Building Department not to issue any further Certificates of Occupancy for the Carmel Heights Subdivision, upon the recommendation of the Attorney, and authorize the Engineer to review the existing problem and submit a report to the Town Board. Seconded by Mrs. Ballard Motion Unanimously Carried There was no other business to come before the Board. MR. INCORONATO moved to adjourn the meeting, seconded by Mr. McCluskey and unanimously carried. The Meeting adjourned at 9:10 P.M. Reg. Mtg. 11/5/84 CtUlk_ca-MAIS14,— Elaine H. Snowden Town Clerk