1984-05-21 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
MAY 21, 1984
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES May 7, 1984 Reg.
4. REPORTS OF OFFICERS: R/77 -4 --"Ca?
5. PETITIONS & COMMUNICATIONS
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a. Proclamation by Supervisor - National Safe Boating Week
b. Response from NYS PSC by Judge Vernieu to Towns Correspondence
re: Pasny
c. Memo from P. Farnsworth, Zng. Adm., re: Shapiro Salvage Yard Lic.
d. Memo from Planning Bd. forwarding to Town Board for comment, the
draft EIS for Kendell Farms.
e. Martin Leskow requesting to become a tenant to Watch Hill Water Dint.
f. Thos. P. Halley, Attny, re: Stays of application of Stoetzel &
Jambes for permit to operate a Mobil Park - Robinson Lane
g. Memorial Day Services - Reminder from Connie Smith
h. Article 78 - Petition with notice - serviced on Town Clerk from
DWS & WVC - to provide sewer service to Cranberry Subd.
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6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Request for transfer of funds from Compt.
b. Introduce Rezoning Ordinance -,B/D Contracting - All Angels Hill Rd.
c. Soil Erosion Ordinance
8. UNFINISHED BUSINESS
a. Memo from P. Farnsworth re: proposed amendment regarding Commercia:
vehicles
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NEW BUSINESS
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10. ADJOURNMENT
‘,. COMresS
The Regular Bimonthly Meeting of the Town Board of the Town
of Wappinger was held on May 21st, 1984 at the Town Hall,
Mill Street, Wappingers Falls, New York.
Supervisor Versace opened the Meeting at 8:18 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Gerard McCluskey, Councilman
Elaine H. Snowden, Town Clerk
Absent;
Irene Paino, Councilwoman
Others Present:
Bernard Kessler, Attorney
Ronald Evangelista, Engineer
Kenneth Croshier, Highway Superintendent
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of May 7th, 1984
were received by the Town Board Members this evening which did
not give them time to review them.
MR. VERSACE moved to table acceptance of these Minutes until the
next Town Board Meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Reports were received from the Receiver of Taxes for April and
the Supervisor/Comptroller Report thru March 31, 1984.
MRS. BALLARD moved to accept these reports and place them on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Proclamation by the Supervisor for National Safe Boating Week
was presented to the Board for their consideration.
Mr. Charles Cortellino was recognized by the Chair and gave a
short history of Safe Boating Week. This started in 1958 and
was originally accrued on the 4th of July by Presidential Procla-
mation to make the public aware of safe boating practices. The
Proclamation mentions the U. S. Coast Guard Auxiliary, the U. S.
Power Squadron and the American Red Cross who are all concerned
about safe boating and offer free courses to the public and hope-
fully they will take advantage of them. The intent is to make
the public aware that there are certain boating regulations and
this year, in addition, there will be emphasis on the danger of
"BWI", similiar to "DWI". The Coast Guard Auxiliary provides
free courtesy boat examination to alert the boat owner that he
may be in jeopardy if he does not have the proper equipment.
The following Proclamation was offered by SUPERVISOR VERSACE
who moved its adoption:
WHEREAS, boating has become one of our national leisure
time activities, and
WHEREAS, in these unsettled world times, individual attitudes
would seem to provide unprecedented occasion for accidents, and
WHEREAS, the U. S. Coast Guard Auxiliary, the U. S. Power
Squadron and the American Red Cross are sponsoring Boating Safety,
resulting in our Waterways having a relatively safe and almost
accident free record,
NOW, THEREFORE, I, Francis J. Versace, Supervisor of the
Town of Wappinger, do hereby proclaim the week of June 3rd to
June 9th, 1984 as NATIONAL SAFE BOATING WEEK in the Town of
Wappinger, and ask all our citizens to support this worthwhile
project.
Seconded by: Councilwoman Ballard
Roll Call Vote: 4 Ayes 0 Nays
A response was received from Judge John Vernieu, Public Service
Commission concerning our request to the New York Power Authority
to consider routing the power line down the New York State Thruway
and across the Tappan Zee Bridge. In his letter Judge Vernieu
listed the reasons why this route would not be feasible.
Mr. Incoronato added that he delivered the following commentary
at the Hearing held by the Army Corps of Engineers at which he
was
MR.
a representative from the Town of Wappinger:
(will be attached hereto and made part thereof
Minutes of this Meeting).
INCORONATO moved to receive the communication from Judge
of the
Vernieu and place it on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A memo was received from the Zoning Administrator regarding
the Shapiro Salvage Yard License.
MR. VERSACE moved to go into executive session with the Attorney
to the Town for five minutes since this could possibly involve
litigation.
Seconded by Mrs. Ballard
Motion Unanimously Carried
The Town Board went into executive session with the Attorney to
the Town at 8:30 P.M. -
The Meeting resumed at 8:40 P.M. and all Board Members were present.
MR. VERSACE moved to receive and place the Zoning Administrator's
Memo on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following Amendments to the Junkyard Ordinance were introduced
by COUNCILMAN INCORONATO:
SCHEDULE OF AMENDMENTS PROPOSED TO THE
JUNKYARD ORDINANCE OF THE TOWN OF WAPPINGER
ADOPTED BY THE TOWN BOARD ON JULY 11, 1977
AND AS FURTHER AMENDED BY THE TOWN BOARD ON
MAY 14, 1979
Section 4: APPLICATIONFORLICENSE
The paragraph starting with the words, "At the time of
making the application: shall be_ amended by adding in at the
end of the said aforementioned phrase the following words,
"and at each actual renewal application" and otherwise to
read as is.
The paragraph commencing with the words, "A person
presently engaged in or conducting an activity or business
such as described herein on real property within the Town of
Wappinger must apply for a license therefor within thirty days
of the adoption of this article" shall remain as is but the
remainder of that paragraph shall be deleted commencing with
the words, "If the place where he conducts..."etc.
Section 5: THE LICENSE
The first paragraph shall be amended by increasing the
fee for the license from $25.00 to $200.00 and the words,
"necessary inspections" shall be amended to read, "initial
inspection". At the end of the sentence ending with the word
"prescribed", the following shall be added thereto: "Any
subsequent inspection resulting from failure to comply shall
cost $50.00 per inspection. If non-compliance with this
ordinance shall exist, thirty days after such initial
inspection the application theretofore made shall be deemed
to be null and void and the applicant shall then cease and
desist from all types and manner of junkyard operation".
The last paragraph of this section commencing with the
words, "In the event that an applicant for a license..."
shall be deleted in its entirety.
Section 6: REGULATIONS
The second paragraph of this section shall be amended to
indicate that the licensee shall erect a six foot fence and
otherwise is to remain the same, except to have added thereto
after the word "business" the following language: "All junkyard
materials, equipment and structures shall be kept and maintained
at least one hundred feet from any residential boundary lines
of adjacent and contiguous properties, except that crushing
operations and equipment shall be located no closer than three
hundred feet from any such residential boundaries".
Section 7: VIOLATION OF ORDINANCE, OFFENSE AND
PENALTIES THEREFOR
The second paragraph of this section shall be amended to
read as follows: "For every violation of any provision of
this article, the person, entity, corporation or partnership
violating the same shall be subject to a fine of one hundred
dollars".
The third paragraph of this section shall be amended by
amended by increasing the civil penalty from the sum of $25.00
to the sum of $50.00.
The following resolution was offered by COUNCILMAN INCORONATO
who moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger, County
of Dutchess and State of New York, has decided to hold a public
hearing regarding the amendments proposed to the Junkyard
Ordinance of the Town of Wappinger, as shown on the attached
schedule.
NOW, THEREFORE, BE IT RESOLVED, that in accordance with
Section 264 of the Town Law of the State of New York, a public
hearing be held on the 18th day of June 1984 at 7:30 P.M. at
the Town of Wappinger Town Hall, Mill Street, Wappingers Falls,
New York. All interested persons shall have an opportunity to
be heard at said meeting, and be it further
RESOLVED, that the notice of the time and place of the
hearing shall be published at least ten (10) days before the
time and date of the hearing in the W & S D News which is a
newspaper of general circulation in the Town of Wappinger.
Seconded by: Councilwoman Ballard
Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay
Before the vote was taken Mr. Incoronato explained the reasons
for these amendments when questioned by Mr. McCluskey. He (Mr.
McCluskey) agreed but felt it should be discussed at a work shop.
He stated that he would vote for a public hearing but expected a
work shop meeting to be set up prior to this hearing; Mr. Versace
asked him to set the date and time and Mr. McCluskey objected to
this request, indicating normally the Supervisor set up the workshops,
and since Mr. Versace would not oblige him, Mr. McCluskey changed
his vote to "Nay".
A memo was received from the Planning Board forwarding the draft
E.I.S. for the Kendell Farms for comments from the Town Board.
Mr. Versace noted that the E.I.S. was on file for anyone to
review. There were no comments offered by the Town Board.
MR. VERSACE moved to receive this communication from the Planning
Board and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A request was received from Martin Leskow to become a tenant to
the Watch Hill Water District; he was aware of the tie-in cost
and the double rates outlined in the Town Tenant Policy.
Mr. Versace explained that this lot is in the Town of Fishkill
and borders the Watch Hill Water District which is under the
jurisdiction of the Town of Wappinger. He questioned the
Attorney on the legality of a property owner in another munici-
pality utilizing the water facilities from a different municipality.
Mr. Kessler responded that he would research this matter.
MR. VERSACE moved to table this request to the next Board meeting
for the Attorney's review and recommendation.
Seconded by Mrs. Ballard
Motion Unanimously Carried
A letter was received from Thomas Halley, Attorney representing
Stoetzel and Jambes on a previous application to the Town Board
for a special permit to operate a mobile park on Robinson Lane
requesting a work shop meeting so they could be brought up to
date on the status of this application.
Mr. Versace thought the Town Board had denied this application
last year, however Mrs. Snowden recalled that it was originally
denied and then reopened and the applicants were supposed to
present the Town Board with an E.I.S. since the Town took the.
lead agency position and made a positive declaration (May 9th,
1983 meeting). There has been no further communication from
either the applicants or their attorney.
Mr. Versace asked the Attorney to respond to Mr. Halley after he
has reviewed the information available in the Town Clerk's files
and can determine thestatus of the application. When this is
done they can set a future work shop meeting for further discussion.
MR. VERSACE moved to table this item for the next meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mrs. Connie Smith requested the Town Clerk to remind the Board
Members of the schedule for Memorial Day Services. The Supervisor's
Office sent a formal notice and invitation to the Board regarding
these activities.
MR. VERSACE moved to receive this communication from Mrs. Smith
and place it on file.
Seconded by Mr. Incoronato
Motion Unanimously Carried
An Article 78 - Petition with Notice, was served on the Town
Clerk by DWS & WVC to provide sewer service to the Cranberry
Subdivision.
MR. VERSACE moved to refer this matter to the Attorney to the
Town to defend on behalf of the Town of Wappinger.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mr. Bradley Whited, Commissioner of Aviation, forwarded a copy
of a news release which would be issued by the County Executive
regarding a Public Information meeting on the draft report of
the Dutchess County Airport Master Plan Update on May 30, 1984
at 7:30 P.M. at the Airport Terminal Building.
MR. VERSACE moved to receive this notice and place it on file.
Seconded by Mrs. Ballard
Motion Unanimously Carried
MR. INCORONATO moved to petition the Commissioner of Aviation
for a copy of the Airport Master Plan to be filed in the Town
Clerk's Office for review by any interested Official or resident.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Before Mr. McCluskey seconded this motion he commented that he
had a copy of this Master Plan and noticed that there had been
an idea of asking the state to reroute 376 and extend the airport
runway. He would certainly object to such a project and if the
other members were aware of it he was sure they would, too. He
agreed that the Town of Wappinger should have a copy of this plan
so they would be informed of any planned activity at the airport
since it is in our town. He added that fortunately the state did
not go for the idea of rerouting Rt. 376.
The following correspondence was received regarding the CWWI/ATLAS
Interconnection:
May 7, 1984
Mr. Douglas C. Schner
Pizzagalli Construction Company
50 Joy Drive
South Burlington, Vermont
Re: Pizzagalli Fire Booster
Station
CWW-Atlas Interconnection
(T) Wappinger W117
Dear Sir,
As you requested, this communication is to indicate that this
office has reviewed your submittals in regard to the above
referenced item and finds the fire booster pumps, structure
and appurteneanes to be satisfactory. In reference to the
altitude valve which will control the pressure at which water
will flow from CWW to the Atlas Water Company, it was understood
by all parties represented at the Town of Wappinger Town Board
Meeting of May 3, 1984 that this pressure shall be implemented
as zero psi (pounds per square inch).
Very truly yours,
s/ Peter Andros
Michael. J.. Morris, P.E.
Mr. Versace explained that the meeting mentioned in the letter
involved the principals of CWWI, Atlas and Pizzagalli, their
Engineers and Attorneys and there was a controversy on the
submission of the Atlas proposal with a setting of 18 psi.
The Engineer for the Town of Wappinger recommended zero pressure.
The original agreement was for fire protection and emergency pur-
poses only and the Town felt that 18 psi setting requested by
Atlas would result in 'CWWI being an every other day supplier to
supplement the Atlas Water System to provide water for Pizzagalli
and other construction in the franchise area.
The following response was received from Pizzagalli:
Mr. Michael J. Morris, P.E.
Morris and Andros Engineering Consultants
367 Violet Avenue
Poughkeepsie, N.Y. 12601
Dear Mike:
May 10, 1984
Re CWW/Atlas Interconnection
We are in receipt of your letter of May 7, 1984 (enclosed)
regarding the above referenced subject. We find your first
sentence to be as was discussed at the Town meeting of May 3,
1984; that is the interconnection design is satisfactory to
your firm and therefore to the Town. Your second and last
sentence dealing with the zero psi pressure setting for the
altitude valve was a recommendation and desire on your part
only. My best recollection of that meeting was that the
attending representatives of Atlas and Pizzagalli Construction
and Mr. Robert Ganley found your recommendation to be unsatis-
factory and at no time did any of us state or understand that
the zero psi setting would be implemented. The design of not
only the fire service pump station but our domestic pump station
is based upon an 18 psi suction pressure at Atlas and we had
suggested that 18 psi be used as the setting for the altitude
valve. I believe, and I am sure we will find out in the near
future, that a zero psi setting is also unsatisfactory to the
offices at both County and State levels and to our design
consultant, Hayward &`Pakan.
Your anticipated prompt response to the appropriate design
consultants is requested.
Very truly yours,
s/ Peter M. Bernhardt
Project Manager
The third letter was addressed to the Pizzagalli Construction
Company from Michael Morris, Morris & Andros:
May 18, 1984
Mr. Peter M. Bernhardt
Pizzagalli Construction Company
P.O. Box 889
Wappingers Falls, NY 12590
Re: CWW/Atlas Interconnection
Dear Pete:
I was surprised to receive your letter yesterday in which you
stated that your recollection of the meeting of May 3 was that
everyone found my recommendation of 0 psi setting of the Altitude
Valve to be unsatisfactory.
It was my impression that when the Supervisor stated that this
was to be the policy of the Town, the only question which I
remember dealt with whether it would be more advisable to set
the valve at 5 psi rather than 0 psi. It is irrelevent at this
time, however, and I bring it up only to indicate that we must
make an effort to better our communications at these meetings
as this misunderstanding has cost everyone 2 weeks.
Regarding your request to establish the setting at 18 psi, I
would state the following:
1. Since it is the responsibility of the Town to supply
water for fire or emergency purposes through this altitude valve,
I can't conceive of an emergency setting of 18 psi. With the
system as designed the valve will, when everyone is on line,
operate under emergency conditions 3 to 4 times a day by our
computations. This is not the intent of this agreement.
2. Since January we have been advising everyone that a
system servicing a minimum of 650+ homes, an I.B.M. facility
and will also serve as a back up source of water supply to
1300+ other homes should have a little more muscle than one,
20 year old, 10,000 gallon pneumatic tank with useable water
of 800 gallons working continually at its maximum pressure
of 80 psi. We have been told repeatedly by both your design
engineers and by the engineer of the Atlas Water Company that
this office does not understand the interconnection system
design and that there will be no problem at all to continually
supply the water required at the pressure of 18 psi to the
I.B.M. pump stations. Since the 18 psi has been all but
guaranteed pressure of the interconnection, it hardly represents
a true emergency.
In order to break this jam and yet protect our client from
continuously serving water it cannot spare to other entities,
we have proposed the 0 psi option. This would resolve our
problem and, due to all of the information provided us from
all other parties, place no undue strain on Atlas, Cranberry
or I.B.M. This proposal is in line with the agreement which
provides that all parties shall consult each other in the
manner of operation on a continuous basis so that the system
will operate free of interference. It is our opinion, based
upon good engineering judgement, that this requirement will
allow the system to operate without interference.
Hoping that you will find the above satisfactory, I remain,
Very truly yours,
Morris & Andros
s/ Michael J. Morris
Mrs. Ballard expressed some of her concerns on the CWWIA---
the district experienced difficult problems last September with
a limited water supply as a result of a dry summer and a short
supply from the Sprout Creek aquifer; a ban on water resulted
from this problem. Secondly, there were approximately 250 homes
planned in the 3rd and 4th Ward of the Town, the central core of
CWWIA; there was a problem last summer with the present homes,
how would they provide for 250 more if the same conditions existed
this summer; her third concern was a recent notice in the paper
that a particular corporation has an option to buy land on the
corner of Robinson Lane and Route 376 and they are presently
drilling for water on the Sprout Creek aquifer. If they do decide
to develop the land what effect will that have on the Sprout Creek
recharge area for the Hilltop Well Site. She recommended that a
letter be directed to Peter Chiefari, New York State Department
of Health and Jack Hill, Dutchess County Department of Health
to alert them of these concerns in the CWWIA.
MRS. BALLARD moved to authorize the Attorney to the Town, Bernard
Kessler and Michael Morris of Morris & Andros to write to Peter
Chiefari, New York State Department of Health and Jack Hill,
Dutchess County Department of Health concerning problems in CWWIA
in relation to providing sufficient water supply to present and
future users of the facilities of the district as outlined above
which could be affected by pending contract with Atlas and the
Pizzagalli Company.
Seconded by Mr. Versace
Roll Call Vote: 3 Ayes Mr. McCluskey ---Abstain
Prior to the vote Mr. McCluskey questioned the zero setting and
noted that the principal of Atlas had stated at that meeting that
the zero setting could put their pumps in a dangerous position.
He had no idea if this statement was true but he was concerned
that the Atlas pump could burn out and this could result in a
health problem to Atlas's customers which would have to be addressed.
Mr. Incoronato recommended that the determination for the psi setting
be made by Mr. Chiefari and Mr. McCluskey concurred with this
recommendation.
Mrs. Ballard noted that the reason she made the motion was to
alert the State and County Health Department that the Town was
having a problem with certain aspects of the contract, one of
them being the setting of the altitude valve pressure.
Mr. McCluskey said he did not fully understand the intent of the
motion and chose to abstain.
Committee Reports, Mrs. Ballard, Building and Housing, introduced
Mr. Kane of Hayward and Pakan who presented the final design of
the new Town Hall to the Town Board. He noted that the major
change was the location of the Justice Court and there were
other minor changes that had been requested by certain department
heads.
MRS. BALLARD moved to accept the final design of the new Town Hall
as presented by Mr. Kane of Hayward and Pakan.
Seconded by Mr. Incoronato Motion Unanimously Carried
it
MRS. BALLARD moved to set a Public Informational Meeting for a
presentation of the final design by Mr. Kane of Hayward and Paken
on June 7th, 1984 at 8 P.M. at the Town Hall.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mrs. Ballard requested the news media to inform the public that
the plans for the new Town Hall can be viewed by the public and
the Board would be happy to give them a tour of the present Town
Hall which she felt would underscore the need for a new Town Hall.
Mrs. Ballard, Health and Safety Committee, reported that she had
a request from the Chelsea Fire Company to place signs on Front
Street in the vicinity of the Chelsea Yacht Club prohibiting parking
on one side of this street. Mr. Croshier stated that parking signs
were already placed on that street indicating that only one side of
the street parking was allowed.
MRS. BALLARD moved to direct a letter to the State Police and the
Dutchess County Sheriff Department and request that they spot check
Front Street on the weekends and enforce the no parking regulation
in that area.
Seconded by Mr. Incoronato
Motion Unanimously Carried
Mrs. Ballard, Recreation Committee, reported that the Citizens
Advisory Committee which was set up by the Supervisor at the last
meeting, toured the recreation areas on May 19th, 1984 from 9 to
11:30 A.M. on the West Side of Route 9; they will complete their
tour on the East Side of Route 9 at a future date and when they
are completed and have discussed their findings, they will compile
the suggestions and present a report to the Recreation Commission
and the Town Board. She expected to have some recommendations
ready by the end of June. The Committee could use more volunteers
if there was anyone interested and available.
Joseph Incoronato, Water & Sewer Committee, referred to a letter
from Biological Water Purification Corporation regarding their
development of a new sludge treatment system that operates without
I
energy requirements and does not necessitate removal of residual
material for up to ten years. In light of the deteriorating
condition of several plants in the Town that have exceeded their
20-25 year rate of capacity, he would like more information on
this system and requested the Engineer to check with the company
and possibly set up a demrnstration of the system.
Mr. McCluskey referred to a letter from Sandra Goldberg, Wappinger
County Legislator regarding a resolution that she and Donald
McMillen will co-sponsor at the June meeting of the Dutchess County
Legislature memorializing the New York State Department of Trans-
portation to install a traffic control signal at the intersection
of Route 9, Scenic Garden Apartments and North Mesier Avenue.
He was pleased with this action and thanked Mrs. Goldberg for pro-
posing the resolution.
MR. MCCLUSKEY moved to support the resolution that was scheduled
for the June Meeting of the Dutchess County Legislature by Mrs.
Goldberg and Mr. McMillen and further moved to direct a letter to
Mr. Michael Mignogna, Regional Traffic Engineer of the NYSDOT
indicating that along with the resolution, the Town of Wappinger
requests their consideration of installing this traffic signal
before the end of 1984.
Seconded by Mrs. Ballard
Motion Unanimously Carried'
MRS. BALLARD moved to declare a negative effect on the environment
of the Town of Wappinger by the Soil Erosion and Sediment Control
Ordinance.
Seconded by Mr. Incoronato
Motion Unanimously Carried
The following resolution was offered by SUPERVISOR VERSACE who
moved its adoption:
RESOLVED, that the sum of $4,200.00 be and is hereby transferred
from account Special Items Contingent B-1990.4 to account Fire
Prevention Personal Services, B-3410.1. Such sum to be used
towards the personal services of a Deputy Fire Prevention
Enforcement Officer.
Seconded by: Councilwoman Ballard
Motion Unanimously Carried
Mr. Versace explained that the Fire Inspector was burdened with
a heavy work load due to regulations imposed on the Fire Prevention
Code and the Board is considering hiring a part time position to
help Mr. Gunderud with inspections. At this time there is noone
being considered for this position, however, in the near future
they will be considering a person for the position.
At the last meeting the Attorney was requested to prepare the
necessary resolution to set a public hearing for a rezoning
request by B/D Contracting Company for a parcel of property on
All Angels Hill Road.
The Attorney said he had not prepared the resolution for this
meeting.
MR. VERSACE moved to direct the Attorney to prepare the necessary
resolution to set a Public Hearing to rezone a parcel of property
on All Angels Hill Road as requested by B/D Contracting Company,
for consideration by the Town Board at their next meeting.
Seconded by Mr. Incoronato
Motion Unanimously Carried
A Public Hearing having been held by the Town Board on May 21st,
1984 on a Soil Erosion and Sediment Control Ordinance, the matter
was now placed before them for their consideration.
MR. VERSACE moved to adopt the following Soil Erosion and
Sediment Control Ordinance:
( Attached hereto and made part thereof of the Minutes
of this Hearing).
Seconded by: Councilwoman Ballard
Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay
MR. INCORONATO moved to adopt the following Permit and Inspection
Fee Schedule for the Soil Erosion and Sediment Control Ordinance:
PERMIT FEE SCHEDULE FOR SOIL EROSION AND SEDIMENT CONTROL
For projects of 3 acres or less
For projects exceeding 3 acres - 50 acres
For projects exceeding 50 acres
$ 45.00
115.00
250.00
INSPECTION FEE SCHEDULE FOR SOIL EROSION AND SEDIMENT CONTROL
For projects of 3 acres or less
For projects exceeding 3 acres, the
following formula will be used:
20 (slope) x 5 (total area in acres)
or 20M x 5A
$100.00
Slope is defined as the slope from the highest to
the lowest point within the project area.
Cost of Standards and Specifications for Erosion and
Sediment Control will be $10.00 each. _
Seconded by: Mrs. Ballard
Roll Call Vote: 3 Ayes Mr. McCluskey ---Nay
A request was received from Central Hudson to remove our
customer pole #8340 on the southwest corner of All Angels Hill
Road and install a 35' pole and an anchor in approximately the
same location; they pointed out that the pole is in very poor
condition.
MRS. BALLARD authorized the Supervisor to sign the agreement with
Central Hudson to remove customer pole #8340 located on the
Schlathaus property on the southwest corner of All Angels Hill
Road and replace it with another one in the same location.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The following proposed Local Law was introduced by SUPERVISOR
VERSACE:
A Local Law to repeal the exemption on real property as
provided by Section 485-b of the Real Property Tax Law.
BE IT ENACTED, by the Town Board of the Town of Wappinger
as follows:
Section 1. This Local Law shall be known and cited as
Town of Wappinger Local Law No. , 1984 repealing the exemption
on real property provided by Section 485-b of the Real Property
Tax Law of the State of New York.
Section 2. Legislative Intent
This Local Law provides that the exemption authorized by
New York State Law for real property constructed, altered,
installed or improved for the purpose of commercial, business,
or industrial activity shall not be exempt from taxation,
special ad valorem levies and service charges, since it is
in the best interest of the Town not to allow such exemption.
Section 3. Pursuant to the authority set forth in
subdivision 7 of Section 485-b of the Real Property Tax Law,
the partial exemption from taxation, ad valorem levies and
service charges is hereby repealed in so far as the exemption
would have been applicable to eligible real property assessed
by the Town for Town purposes.
Section 4. This Local Law shall take effect upon its
filing with the Secretary of State and with the State Board
of Equalization and Assessment.
The following resolution was offered by SUPERVISOR VERSACE
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 21st day of May, 1984,
a proposed Local Law to repeal the exemption on real property
and,
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing shall be held on the said
proposed Local Law by the Town Board of the Town of Wappinger
on the 4th day of June, 1984 at 7:30 P.M. on such day at the
Town Hall, Mill Street, Wappingers Falls, New York.
2. That at least five (5) days notice of such hearing
shall be given by the Town Clerk of the Town of Wappinger by
the due posting thereof upon the bulletin board maintained by
said Town Clerk in the Town Hall and by publishing such notice
at least once in the official newspaper of the Town of Wappinger.
Seconded by: Councilwoman Ballard
Roll Call Vote: 4 Ayes 0 Nays
A memo was received from the Zoning Administrator on the pro-
posed amendment regarding parking of commercial vehicles.
Mr. Incoronato had referred these amendments to various agencies
of the Town at a previous meeting. At this time he commented
that he would like to discuss it further with the other Board
members.
MR. INCORONATO moved to table this item for further review.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A letter was received from the Suffolk County Supervisors
Association regarding a pending bill that will remove almost
all local control over cable television companies and change
franchise agreements which are currently in effect. The law
has been passed by the Senate and this Association urges the
affected municipalities to contact their Congressmen to lobby
against this bill.
MR. VERSACE moved to direct letters to our Congressman and
Senators to lobby against the bill in an effort to keep cable,
companies under control of local municipalities to protect
cur cable consumers.
Seconded by Mrs. Ballard
Motion Unanimously Carried
Mrs. Ballard requested that the Supervisor include in one of
their work shop meetings a discussion on an amendment to Local
Law #1 of 1977 and Local Law #5 of 1981 pertaining to regulations
on dumping. She felt that since the Town was conducting a Spring
Clean-up and had done this previously and also planned a Fall
Clean-up, there was no need for residents to dump their debris
in available vacant lots. She recommended that the fine be
increased and the length of time to remedy a situation if the
person was cited for this violation should be shortened from the
present ten days.
Mr. Ronald Andriello was recognized by the Chair and presented a
letter to the Town Board requesting permission to close Nancyaleen
Drive to traffic on Sunday June 10, 1984 for a block party.
He was informed that he could not actually close the road but
could indicate by signs or flares that a party was going on
and they must contact the proper agencies such as the State Police,
the Sheriff Department, Ambulance and Fire Companies and our
Highway Department.
MR. VERSACE moved that the residents be given permission to
hold a Block Party on Nancyaleen Drive on Sunday, June 10th,
1984 and they will be responsible to notify the proper authorities
that they are conducting this activity.
Seconded by Mr. McCluskey
Motion Unanimously Carried
MR. MCCLUSKEY moved to adjourn the meeting, seconded by Mr.
Incoronato and unanimously carried.
The Meeting adjourned at 10:07 P.M.
Reg. Mtg. 5/21/84
ECAUCN
laine H. Snowden
Town Clerk
Statement delivered to U.S. Army Corps of Engineers at their Public Hearing
at Newburgh Free Academy, Newburgh, NY.
As a councilman from the Town of Wappinger in Dutchess County, I've been asked
by my fellow board members to convey our views at this hearing by the Army
Corps of Engineers.
I've come here today to voice the Town's most strenuous objection to the
proposed Marcy -South Transmission Line Project. We are turning thumbs
down on this undertaking because of numerous reasons.
The Town Fathers do not believe that a 345 Kilovolt Line, snaking its way
through more than six miles of Wappinger countryside, will tend to promote
the health, safety and general welfare of local residents. In fact, I'm
not aware of any studies showing the longterm, steady effects of human
exposure to such a large field of electricity. So I have serious reservations
about the health aspects of power of this magnitude radiating into the nearby
environment.
Nor do we expect this megavoltage line to accomplish anything positive
toward protecting, conserving or enhancing the value of lands and buildings
in the proximity of the right of way. Surely, we don't see those huge
utility towers doing anything to preserve or harmonize with the natural
beauty and character of our town.
Therefore, the Wappinger Town Board proposes that the New York Power Authority
seriously consider building the subject lines along the New York State
Thruway, where towers for this purpose already exist. Conceivably, the
cable would proceed across Tappan Zee Bridge -- where it could be linked
to a newly -constructed substation feeding New York City, the major benefactor
of this project.
Recognizing the need for non-polluting and cost-effective energy sources,
we believe this alternate approach would serve to minimize the impact of
transmitting hydroelectric power to its intended users.
However, the Town of Wappinger wishes to reiterate its stand against the
Marcy -South Power Line as presently designed.
Joseph Incoronato
14 Ronsue Drive
Wappingers Falls, NY 12590
A Public Hearing
Wappinger on May
Wappingers Falls
for Soil Erosion
was held by the TownBoard of the Town of
21st, 1984 at the Town Hall, Mill Street,
, Dutchess County, New York.on'an Ordinance
and Sediment Control.
Supervisor Versace opened the Hearing at 7:51 P.M.
Present:
Frank Versace, Supervisor
Renata Ballard, Councilwoman
Joseph Incoronato, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Irene Paino,-Councilwoman
Gerard McCluskey, Councilman
(arrived at 8:10 P.M.)
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized. These Affidavits are
attached hereto and made part thereof of the Minutes of this
Hearing.
Mr. Versace explained the need for such an ordinance which was
presented to the Town Board by the Conservation Advisory Council
to prevent soil erosion due to newly developed areas in the Town.
He asked for comments. from the public either for or against the
Ordinance.
Edith Hencke, Ervin Drive was present with her neighbors who all
supported this Ordinance. It is of great help to them due to new
development occurring in their neighborhood; she mentioned the
Fieldstone Farm development which was one of the reasons this type
of ordinance was needed in the Town.
Mr. Hawksley, Chairman of Conservation Advisory Council, at Mr.
Versace's request presented his views on the need for this
Ordinance and what it would do for the Town if it was adopted.
An extreme example of what this Ordinance is aimed at is the
siTUation of Wappinger Lake; this law should help eliminate this
problem. They hope also to set an example to other communities
to do the same thing. This will basically require the developer
to get a set of plans during the planning process to adequately
control erosion during construction. After the construction
is finished, there would probabLybe a minimal impact. This
is not aimed at the individual homeowner who wants to put in
period,
law
a
driveway or a deck in the backyard or whatever, it is intended
3
mainly for developers who are disturbing large mounds of earth.
He also mentioned two changes he would like to suggest to the
Board ---on Page 8, under B, General Design Principles, #2, should
be Local Law No..4 of 1979 rather than just Local Law No. 4, also
at the very end, the last paragraph, after the phrase "upon adoption
by the Town Board of the Town of Wappingers', should follow, "and
shall be applicable to all pending applications, subdivisions and
site plans". He referred to such proposals in front of the Planning
Board as Kendell Farms, Hill n Dale, Brookdale.
The Attorney saw no problem in adding this wording to the Ordinance
since these applications are pending and subject to subdivision
regulations which will include this Ordinance plus the fact that
this wording was published in the notice of Public Hearing; as far
as the addition on the Local Law #4 to add "of 1979", this merely
identifies the year of the local law and presents no problem.
Mr. Hawksley offered a letter from the Dutchess County Soil and
Water Conservation District, dated May 17, 1984, in support of
the Ordinance and read a portion of it
"I've reviewed a copy
of a proposed Ordinance on Soil Erosion and Sediment Control for
the Town of Wappinger on just management practices for SE and SC
published by WWetchester County in June of 1981 which has been
adopted by the Town of Wappinger. I feel you should support the
adoption of the Ordinance, you will then have control over soil
disturbing activities". He concluded with a statement that the
Board should consider, before passing the Ordinance, a declaration
of environmental impact, so there will be no future problem with
the D.E.C. on non-compliance. He recommended that this should be
a negative impact due to the beneficial aspects.
Mr. Versace noted that a fee schedule had been received from the
Zoning Administrator relating to SE & SC and asked the Attorney if
this.could be included in the Public Hearing.
Mr. Kessler reviewed the law on this item.
Mr. McCluskey referred to Page 1 and re'd the definition of the
"Applicant" and wondered if the language was ambiguous and gave
an example of putting in a driveway and needed a bulldozer which
could be considered excavation or grading, or if he contemplated
installing a pool, would he have to adhere to all these requirements.
The Attorney replied by asking a question, would he have to get
site plan or subdivision approval in order to put in a driveway.
Mr. McCluskey did not know if he needed these approvals. He had
already put in an above the ground pool and needed a backho€ --
was he in violation of the law by not following the requirements
of this Ordinance. Mr. Kessler answered no, for the simple reason
that he did not need site plan or subdivision approv&l but merely
a building permit. Mr. McCluskey again asked where the definition
was on "applicant in this Ordinance --Mr. Kessler replied it was
spelled out in the law and he could also refer to the zoning laws
which would show him when he needed site plan approval or subdivision
approval. If such approval is needed then they must adhere to the
Soil Erosion Ordinance, otherwise all they needed was a building
permit. Mr. McCluskey asked if it told you when you don't need
these approvals ----it would be evident, Mr. Kessler replied that
if they told you when they applied, any other instance would not
require one for an individual homeowner. Mr. McCluskey still
insisted there was ambiguity in this law.
Mr. Versace commented that after the last Public Hearing, the Town
Board made some amendments to the Ordinance, hence the need for a
second Public Hearing. After the first Public Hearing there was a
comment in the local newspaper indicating that the Town would be
creating another regulatory body which would overregulate the
developers if they adopted this law. He had no problem with over-
regulating developers. Another statement made in the paper was that
development would be stifled and raise taxes. His answer to that was
if it does control development he would support the law wholeheartedly
and the only way it would raise taxes would be to correct the problems
the developers have created in the past. Much of the new development
was in the raw lands and the requirements of this Ordinance would help
the existing homeowners while this construction was in process. It
could prevent drainage problems in the future which would be a great
relief to the Town since they are constantly faced with these problems
He added that East Fishkill residents have asked their Town Board
to implement such a law for areas where they have new development
and read the following comment from a resident of East Fishkill:
"every time it rains water runs off the road and brings back a
truckful of gravel into my backyard covering the flower bed, the
elderly woman said we're elderly people and we feel victimized".
This Town is trying to prevent victimizing our residents so we are
a step ahead of East Fishkill, he added.
Mr. Versace read the following letter from Councilwoman Paino who
was on vacation:
To: The Wappinger Town Board
From: Irene Paino, Councilwoman, Ward 3
May 21, 1984
Since I am unable to attend the May 21, 1984 Town Board meeting
I respectfully request that the following statement be read at and
entered into the minutes of the Public Hearing regarding the proposed
Soil Erosion and Sediment Control Ordinance:
After a thorough review of both the proposed Soil Erosion and
Sediment Control Ordinance and the current provisions under the
town land Subdivision Regulations, I strongly support the adoption
of the proposed Soil Erosion abd Sediment Control Ordinance.
As sub -chairman of the Drainage Committee I am all too familiar
with the damage caused by poorly executed soil and sediment control
measures. Runoff from some construction sites has covered homeowners
lawns with mud, flooded their property and basements as well as
washed out roads and blocked storm sewers.
Right now approximately 300 homes are in some stage of develop-
ment in the Town of Wappinger. At least 100 more are under consid-
eration. It is imperitive that the town have a strong soil erosion
and sediment control program to minimize the impact these and
future developments have upon homeowners properties as well as our
land and streams.
The portion of the town Land Subdivision Regulations dealing
with soil erosion and sedimentation, while a step in the right direction,
clearly is not enough. It lacks depth and detail.
The ordinance proposed tonight incorporates a booklet of standards
and specifications that details the best design practices which
minimize the impact of construction. The proposed ordinance also
provides for the enforcement of these practices. I commend Conserva-
tion Advisory Council Chairman Ed Hawksley for compiling the informa-
tion and fine-tuning the proposed ordinance.
Norm Benson, district manager of the Dutchess County Soil and
Water Conservation District, told me recently that he fully supports
the adoption of the proposed ordinance. He also indicated that
a number of our neighboring municipalities are working on similiar
ordinances.
Let the Town of Wappinger be a leader tonight. I urge you,
Mr. Supervisor, and my fellow board members to adopt the proposed
Soil Erosion and Sediment Control Ordinance.
There were no other comments.
MR. VERSACE moved to close the Public Hea
Incoronato and unanimously carried.
The Hearing closed at 8:17 P.M.
Elaine H. Snowden
.Town Clerk
DISPLAY ADF'ERTISING
ena
o L:
NEWS
CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET—IVAPPINGERS FALLS, NY 12590
PAGE 14 - SOUTHERN DUTCHESS NEWS - MAY 9, 19,
PLEASE TAKE NOTICE that the Town
Board of the Town of Wappinger will
conduct a public hearing at the Town
Hall, MITI Street, Wappingers Falls, in
the Town of Wappinger, County of
Dutchess, New York on May 21st, 1981
at 7:45 P.M. EDT to hear ell persons
concerning an Ordinance on B011
Erosion and Sediment Control.
TM following Ordnance was. in -
*reduced by C uncihrM E l n Pelno:
ARTICTITLE AND PURPOSE
A. Title
This Ordlance will be known as the
"Town of Wappinper 5.11 Erosion end
Sediment Control Ordlnancs,•
B. ExcessiveP
quantlties of soil ars
eroding within areas that ere un -
occupancy tor any Wilding will be
granted unless all needed erosion
control measures have been completed
or substantially provided for In ac-
cordence with this ordinance and the
standards and specifications of the
Town of Wappinger. TM appllcant shall
bear the final
Installation and o�onstructiofnof at
requited erosion control
coording otprovsionethis
ordinance and to the standards and
spagcelficattons- of the Town of Mo-
p C. Data Require/ •
The applicant must submit the
following lntormatlon for the enters
tract of land, wMther or not the tract
will be developed In stages:
1. A boundary line survey of ler aIle
on which the work is 10 be performed.
AFFIDAVITOF 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 Bookkeeper
of the W. & S.D. NEWS, a newspaper printed and
ublished every Wednesday in the year in the Town of
o Wappinger • sory Council, printed
January 1961, which Is a compilation of
best design practices for construction
related activities Intended to minimize
Impact upon water quality from soli
erosion and sedimentation, and which
may front floor to time, be updated
*reeler revised on an annual basis no
later, however, than March 1 of each
year.
30. tplpping: Any activity which
removes or significantly disturbs the
vegetative surface cover, Including
cluring and grubbing operations.
31. Sturctural Rock Fills: Fills con-
structed predominantly of rock
materleM for ths purpose 0 supporting
atrocities. Temporary Protection:
Stabilization. of erosive or sediment
producing areas.
33. Vegetative Protection:
StablllZaltOn of erosive or sediment
producing areas by covering the soil
with:
a. Permanent seeding, producing
tong -term vegetative cover
b. Short -fern seeding producing
temper_ary vegetable cover, or
c. ilDddIng,Producing areas covered
with a turf ,of perennial sod -forming
X31.'" Watercourse: Any natural or
artificial watercourse, stream, river,
creek ditch, channel, canal, conduit,
Culvert, drain waterway, gully, ravine or
wash In which wafer flows In a definite
direction Or course, either continuously
or Intermittently, end which has a
definite channel, bad and banks, and
shall Include any area adjacent thereto
subject to Inundation by reason of
overflow or flood water. '
ARTICLE III
APPLICATION PROCEDURE
A. NOUN
It 15 suggested that thh applicant
consult the Town of Wappinger
' Development PIe*n regarding Its effect
upon erre tract to' be developed and the
area surrounding It before he submits a
prsllminsry plat for review. He should
also became acquainted with the
zoning ordinance erosion and sediment
control standards and specifications,
this ordinance, and other ordinances
which regulate the development of land
In the Town.
B. Coerpllenoe
No Rte Alen or plat shall be approved
unless It includes toll erosion and
sediment control measures In ac-
cordance with the standards and
specifications of the Town of Wap-
pinger, No approval for a certificate of
adequate Inspection of t e work. 1 th
Zoning Administration finds any
existing conditions nol as stated in any
application, grading permit, or ap-
proved plan, said Zoning Administrator
may refuse to approve further work and
Issue a cease and desist order.
B. Violations
Whenever, by the provisions of this
Ordinance, the performance of any act
Is required, or the performance of any
act Is prohibited; a failure to comply
with such provisions shall constitute a
violation of this Ordinance.
C. Correction
All violations shall be corrected
within thirty (30) days following date Of
Issuance of written notice to correct.
D- P.nslties
Any person, firm or corporation who
violates, neglects. omits or reluses to
comply with any provision of this Or-
dinance, or any permit or exception
granted hereunder, or any lawful
requirement of the Zoning Ad-
ministrator, shall be fined on con-
viction not leas than fifty (150) dollars
nor more than one hundred (1100)
dollars together with the cost of
rhhescompliance
provisions hs Ordinance,
each day that a violation maintains,
following notifications, shall be
deemed a separate offense. The Im-
poaltlon of any fine shall not exempt
the offender from further compliance
with the provisions of the Ordinance.
E. Foss
A fee schedule for permits and In-
spections based upon relevant criteria,
shall be established by the Town Board
of the Town of Wappinger,
ARTICLE IV
SERVERANCE PROVISIONS
All parts of this Ordinance shall be
deemed severable. Should any section,
paragraph, or provision be -declared
invalid or unconstitutional by the
courts such holdings shall not affect
the validity of the Ordlance as a whole
or any part thereof, other than the part
so declared. The Town Board hereby
declares that it would have enacted
this Ordinance and each part thereof
irrespective of the fact that any one or
more parts, section, subsection,
phrase, sentence or clauses be
declared Invalid.
This Ordinance shall take effect
Immediately upon adoption by the
Town of Wappinger"
ELAINE H. SNOWDEN
Town Clerk
Town of Wappinger
Dated: May 8, 1984
Inger, Dutchess County, New York, and that the
ed NOTICE was duly published in the said
aper for one weeks successively .cone,
:h week, commencing on the . ,9tH . day ofIP e.
1.+, and on the following dates thereafter, namely
ding on the 9th
both days inclusive.
day of... pril... .
lbe(S l -(A/C -14
bed and sworn to before me
.. 9th... day of, ...11pril... 19.84
•
�. ✓
Notary Public
emission expires
ALLBE.^'i t,1, OSTEN
NOTARY PL:'ELI;, ;,T„iE OF NEW YORK
QUALIFIE;) IN II;;1:';IES: cowry
€14.8240760
COMMISSION EXPIRES MARCH 30, 19.f.4
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
NOTICE OF PUBLIC HEARING ON ON
ORDINANCE ON SOIL EROSION
AND SEDIMENT CONTROL
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
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 May 8th, 1984, your deponent posted a copy
of the attached notice of Public Hearing on a proposed
Ordinance on Soil Erosion and Sediment Control 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.
Sworn to before me this I ;
day of
Notary Public
1984.
Elaine H. Snow den
Town Clerk
Town of Wappinger