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1984-04-16 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING APRIL 16, 1984 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes April 2, 1984 Reg. 4. REPORTS OF OFFICERS: Town Justices Receiver of Taxes Audit of Accounts for 1983 by Sedore & O'Sullivan o arj 00 5. PETITIONS & COMMUNICATIONS a. b. c. d. e. f. Tom Costa re: Dog harassment problem Memo from S. Mazzarella, Ch. person, Program Comm. D. Co. Dept. of ping. re: Community Values Field Trip "Letter of Credit" for Hamlet Subdivision G. Vandemark, VDM Van & Storage, Inc., re: deliver voting machines for Elections P. Andros, P.E. corr. to W.A. Rohde, P.E., Jas. Spratt to M. Mignogna, Reg. Traffic E for Town Speed limit request. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. b. c. d. e. f. g. h. proposal to store and re: CWWIA Interconnectiol ng. DOT, re: recommendatim Amendment of regulations for Water & Sewer Pipe Service Local Law establishing Cons. Advisory Council 2 Lot Subdivision - Bd of Health approval Zoning Ord. Amendment "Front Yard Set -Backs" Local Law Authorizing "Stop Signs" for various Town road intersec Local Law for Soil Erosion Conservation Comptrollers request to separate Budget item B3620 -Bldg. & Zoning into two separate accounts Designate Polling Places for the Town of Wappinger auttmuy_ coal eg PustafRa-Lci- Cef&J sLtitiat.o.:. odd st 8. UNFINISHED BUSINESS a. ROW Taking - Schlathaus Recreation Property to County - w/corr from Hohn Hinnrichs b. R. LaSota re: Town Board opinions for ABC Board c. Pizzagalli request for water district 9. NEW BUSINESS fietato,) -1-t_poi/1/40140i Geo 10. ADJOURNMENT ebatC0 7-AntgAi /JAAAN. 43- - P‘r Pc (31 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York. Supervisor Versace opened the meeting at 8:17 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 Meeting of April 2nd, 1984 and the Special Meeting of April 12th, 1984 having previously been sent to all Board Members, were now placed before them for their consideration. MRS. PAINO moved that the Minutes of the Regular Meeting of April 2nd, 1984 and the Special Meeting of April 12th, 1984, be and they are hereby approved as submitted by the Town Clerk. Seconded by Mrs. Ballard Motion Unanimously Carried Reports were receiV*.ed from the Town Justices and the Receiver of Taxes for the month of March and the Audit of Accounts for 1983 by Sedore & O'Sullivan. MRS. PAINO moved to accept these reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Tom Costa had requested to be on the agenda regarding a dog harassment problem but was not present to discuss the matter. Mr. Costa had been present at a previous work shop meeting with the Town Board and they had explained the procedure to him. The Dog Control Officer had fulfilled his obligations and cited the • owners of the dog; the matter had gone to court but the Town Board had no knowledge of the disposition of the case. It was now a matter between the two parties responsibility of the Town. MR. VERSACE moved that the Town informing him that the Town Dog obligations concerning this dog pursuit of the matter will have Seconded by Mr. Incoronato involved and no longer the Clerk direct a letter to Mr. Costa Control Officer has fulfilled his harassment problem and further to be taken by Mr. Costa. Motion Unanimously Carried A memo was received from Sally Mazzarella, Chairperson, Dutchess County Program Committee informing the Board of a Community Values Field Trip sponsored by the Dutchess County Planning Federation on May 5th, 1984. MR. INCORONATO moved that all reasonable expenses for the Community Values Field Trip be paid by the Town for any Town Board Member who decides to take this trip. Seconded by Mr. McCluskey Motion Unanimously Carried A Letter of Credit was received for the Hamlet Subdivision located at Spook Hill Road and Myers Corners Road in the amount of $19,030. The Attorney approved the form and content of the Letter of Credit assuming that the owner of record was Cobrew Realty Corp. and referred the amount of $19,030.00 to the Engineer for his comments. Mr. Evangelista read the following letter written to the Board by him: April 16, 1984 Dear Members of the Board: Pursuant to the Town Clerk's request, we have reviewed the Letter of Credit provided as a Performance Bond for the construction work at the Hamlet, and also reviewed available correspondence on these bonding figures. While the acceptability of the subject Letter of Credit #2342 is the purview of the Town Attorney, we will comment on the amount of the bond. The bond P.E. for from the amount of $19,030.00 was established by John E. Railing, the developer, and accepted in a December 14, 1983 letter previous Town Engineer, Rudolph E. Lapar. However, our methods of determining bonds differ somewhat, whereas our figures take into account inflation factors etc. Our recom- mendation for this particular project would be posting a performance bond approximately at $51,268.00 or approximately three (3) times the present estimated amount. While we are aware that the previous 3 amount has been accepted and any increase may cause a problem for the developer, we are nonetheless concerned with the amount to be posted. We further note that the construction of roadways and installation of utilities at this site are not completed. Finally we note that our recommendation would also be for a higher maintenance bond in the amount of $22,071.00. We would certainly be available to discuss our bonding methods and concerns further with the Board at their convenience. Very truly yours, s/ Ronald Evangelista Engineer to the Town The terms of the Subdivision Approval was presented to the Attorney to determine if this approval would be affected by any action taken by the Board to increase the amount of the Letter of Credit. MR. VERSACE moved that the Letter of Credit and any other pertinent information be submitted to the Attorney for his comments at the next Town Board meeting on May 7, 1984 and that the Attorney be authorized to notify the Bank (Scarsdale National Bank and Trust Company) that the Town is putting them on notice of the possibility of increasing the amount of the Letter of Credit submitted for the Hamlet Subdivision. Seconded by Mr. Incoronato Motion Unanimously Carried The matter was tabled to the May 7th, 1984 Town Board meeting for review by the Attorney. A letter was received from V. D. M. Van & Storage, Inc. regarding a proposal to store and deliver voting machines for Elections. MR. VERSACE moved to refer this correspondence to the Comptroller for her review and comparison of costs with the present storage arrangements. Seconded by Mrs. Paino Motion Unanimously Carried Correspondence from Peter Andros from the engineering firm of Morris and Andros addressed to Wilfred Rohde, Hayward and Pakan Associates was received by the Town Board regarding the CWWI- Atlas Interconnection and Mr. Andros's concerns on pressure problems. The Board also received copy of a communication from Robert Ganley, Consulting Engineer to the Atlas Water Company this day and had not had a chance to review the contents. It was Mr. Versace's suggestion that all principals involved in this interconnection meet for discussion of their concerns. MR. VERSACE moved to direct the Engineer to the Town to contact all principals involuedwith the CWWI-Atlas Interconnection and set up a meeting for May 3rd, 1984 at 8:00 P.M. at the Town Hall for discussion of this matter. Seconded by Mr. Incoronato Motion Unanimously Carried A letter from Mr. Spratt to Mr. Mignogna, Traffic Engineer, New York State Department of Transportation was received indicating Mr. Spratt's support of a Town speed limit request. The location was not indicated but Mrs. Snowden assumed he was referring to the most recent request for an area reduction in the northeastern section of the Town which included Smith Crossing Road. It was now up to the state to give final approval for this request. MR. VERSACE moved to receive this communication and place it on file. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Incoronato noted that a similar communication was received back in January of 1983 regarding a recommendation for speed reduction on Losee Road; the Town has received no word since then on this request. MR. INCORONATO moved to direct a letter to Mr. Mignogna of the New York State Department of Transportation requesting the status of the request of the Town for a speed limit reduction on Losee Road which was approved by the County in correspondence to Mr. Mignogna dated January 7, 1983. Seconded by Mr. McCluskey Motion Unanimously Carried Committee Reports --Mrs. Ballard, Recreation Committee, reported that she had made arrangements with Hugh J. Maurer, Chairman of the Recreation Commission for a tour of the recreation sites on Wednesday morning, April 18th, 1984 for any Board Member who can make the tour. Little League Opening Day is Saturday, April 28th, 1984 at 9:00 A.M. and all Board Members received an invitation to attend. Mr. Biose, Director of Recreation is still working on acquiring swimming facilities for the senior citizens; Deer Hill Center is unable to accommodate the senior citizens, but Mr. Biose will look into other locations in the Town. Mrs. Ballard, Building Committee, reported on a work shop meeting held with Mr. Kane of Hayward and Pakan with Town Board and depart- ment heads. They discussed various suggestions and changes for the Town Hall project. Mr. Kane informed the Board that the test borings were complete and they were waiting for the report. Mrs. Ballard's last report referenced County maintenance of the Town traffic lights and since there was some confusion on Mr. Spratt's communication on this matter she suggested that it be reconfirmed. MRS. BALLARD moved to request the Town Clerk to send a letter to Mr. Spratt and ask him to reconfirm the fact that the County is taking over the traffic lights at the intersection of Old Hopewell Road and All Angels Hill Road and the intersection of Myers Corners Road and All Angels Hill Road and the Town will continue to maintain the light at Middlebush Road and Old Route 9. Seconded by Mrs. Paino Motion Unanimously Carried Mrs. Paino reported that the Town Board and the Village Board met on April 12th, 1984 in an effort to encourage communication and cooperation between the two municipalities. The Village indicated that they would like to use the Town landfill this Spring for their clean-up of that portion of the Village within the Town of Wappinger. Mayor Synnett indicated that they would provide the manpower and the trucks. MRS. PAINO moved to permit the Village of Wappingers Falls to use the Town landfill this Spring for their annual clean-up of the portion of the Village within the Town of Wappinger. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Incoronato referred to previous discussions on off street parking by huge tractor trailers specifically on New Hackensack Road and MacFarlane Road. He recommended that revisions be made to the Zoning Ordinance as follows: MR. INCORONATO moved to recommend for review by the Attorney to the Town, the Engineer to the Town, the Planning Board, the Zoning Administrator and the Building Inspector the following revisions to the Town Zoning Ordinance, Section 471 - General: 1. In all residential zones no vehicle used for commercial purposes and having more than four wheels shall be parked either outdoors or indoors except for temporary delivery of merchandise to local residents. 2. On four wheel vehicles in residential areas any advertising, lettering, writing, etc. in whatever form is limited to the two front doors of the vehicle. 3. Any commercial vehicle determined by the Zoning Administrator to be obnoxious, offensive, a nuisance, and/or detrimental to the general health, welfare or safety of the community will be allowed to park only by special permit. Seconded by Mrs. Paino Motion Unanimously Carried Mr. McCluskey referred to a recent state law which would allow volunteer firemen to use the Maltese Cross plate signifying that they are active volunteer firemen. The law requires an initial fee for these plates which raises no objection, however, they also require an ongoing fee of approximately $30.00 a year which Mr. McCluskey feels is unreasonable since these men perform valuable services to the community. The law is still in the Senate and the Assembly and he recommended that the Board voice their objection to this fee they are considering for the firemen to retain this plate. MR. MCCLUSKEY moved to direct a letter to Senator Rolison and Assemblyman Saland stating the Town Board's objection to the proposed ongoing fee for Maltese Cross plates for the volunteer firemen. Seconded by Mr. Incoronato Motion Unanimously Carried A Public Hearing having been held by the Town Board on April 16th, 1984 on an Amendment to the Ordinance Regulating Water and Sewer Pipes in the Town of Wappinger, the matter was placed before the Board for their consideration. MR. INCORONATO moved to adopt the following Amendment to the Ordinance Regulating Water and Sewer Pipes subject to the following revisions: substitute "water or sewer districts" in place of "Town: Section One: This ordinance shall apply to all water and sewer improvement districts within the Town of Wappinger. Section Two: a. The water service pipe or pipes leading from dwellings or other buildings within the districts to the curb valve shall be installed by and at the expense of the property owner. The water service pipe or pipes from the curb valve to the district water main shall be installed by the water or sewer districts. Further the water or sewer districts shall furnish the curb valve and the flare fitting thereof on the water main side of the curb valve. The property owner shall furnish the flare fitting on the dwelling side of the curb valve. Sanitary sewer service laterals leading from dwellings or other buildings within the districts to the edge of paved portion of roadway or curb shall be installed by and at the expense of the property owner. Sanitary sewer laterals from the paved portion of the roadway or curb to the district sewer main shall be installed by the water or sewer districts. The water or sewer districts shall not however, be responsible to install water service lines or sewer service laterals on lots, or from the mains to said lots within existing or new subdivisions. No, connection to the water distribution system or the sewer main shall be made until a permit therefor shall be issued by the Building Inspector and all such connections or service pipes and fixtures shall be constructed under and in accordance with the "Rules and Regulations, Sewer and Water Hook-ups, Town of Wappinger, effective June 1, 1976" (including all addendums). b. The water service pipe or pipes from dwellings or other building within the districts to the curb valve shall be kept in good repair by the property owner and at his expense and shall be maintained so that said pipes and connections shall befree of leaks. Upon abandonment of the water service or demolition of the building, the water service shall be dug up and shut off at the curb valve by the property owner and at his expense after obtaining a permit for the same and upon inspection by the Building Inspector. (1) The Building Inspector shall notify the property owner in writing of any existing leaks in the water service between the curb valve and the meter or that the water service shall be dug up and shut off at the main because of the abandonment of the water service or demolition of the building or buildings serviced by water and that such repairs or shut off shall be made within seven (7) days after the mailing of such notice by registered mail, return receipt requested, except that in the event of an emergency, as determined by the Building Inspector, in which case, the Building Inspector shall order the repairs to be made immediately. Upon failure of the property owner to act, the Building Inspector shall order the repairs or shut off made and the cost of making the repairs or shut off shall be paid for by the property owner. (2) If upon excavating the leak, it is found that the water service is pitted or crystallized to a point that permanent repairs cannot be made, then the Building Inspector shall order the water service replaced with new service pipe, and the cost shall be charged against the property owner. (3) Such repair costs or shut off costs as well as engineering and administrative costs if undertaken by the water or sewer districts shall be assessed by the Building Inspector, and shall be a lien upon real estate, and if not paid within sixty (60) days after the billing date, shall be collected in the same manner as provided in this act for the collection of taxes or other charges or assess- ments, in default of their payment. (4) Any damage to existing corporation valves, water service pipes, curb valves or curb boxes occurring prior to completion of any construction, grading and permanent occupancy of dwellings or other buildings within the districts shall at the direction of the Building Inspector be repaired, replaced and/or paid for by the property owner or builder before water service to the dwelling or other place is permanently commenced and allowed. (c) The repairs and replacement to the water service from the corporation stop to the distribution main shall be made by the water or sewer districts and the cost thereof shall be borne by the water or sewer districts. (d) The domestic sewer from the dwelling to the paved portion of the roadway or curb or from other buildings within the districts to the same shall at all times be maintained by the property owner and at his expense in the same manner and subject to the same Town remedies and enforcement powers as heretofore set forth for water connection pipes. The property owner shall be responsible for removing or otherwise remedying any and all obstructions or blockages which may occur in the sewer service lateral from the dwelling or other buildings within the districts to the district sewer main. All expenses relating to this responsibility shall be paid by the property owner. Section Three: The repairs and maintenance obligations described in the preceding sections shall be continual obligations and shall apply to all water and sewer service pipes previously installed in the Town of Wappinger as well as to those subsequently installed therein. Section Four: The finding by a court of competent jurisdiction of invalidity of any section, subdivision, paragraph, clause, sentence or phrase of the ordinance shall not affect the validity of any remaining portion as each such portion shall be deemed a separate and distinct provision. Section Five: To the extent that any prior local law, resolution or ordinance of the Town of Wappinger is inconsistent, this ordinance shall supercede the same. Section Six: This ordinance shall take effect in the manner prescribed by Town Law Section 130. Seconded by: Councilwoman Paino Roll call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 16th, 1984 on a proposed Local Law to Establish a Conservation Advisory Council, the matter was now placed before them for their considera- tion. MRS. BALLARD moved to adopt Local Law #2 of 1984 as follows: (Attached hereto and made part thereof of the Minutes of this Meeting) Seconded by: Mrs. Paino Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN BALLARD who moved its adoption: RESOLVED, that Patricia Kelley be and she is hereby appointed to fill the vacancy on the Town of Wappinger Conservation Advisory Council and it is further RESOLVED, that the aforesaid person is hereby appointed to the said Conservation Advisory Council for a term which shall expire July 1st, 1985. Seconded by: Councilman Incoronato Roll Call Vote: 4 Ayes Mr. McCluskey ---Abstained A Public Hearing having been held by the Town Board on April 16th, 1984 on an Amendment to the Subdivision Regulations of the Town of Wappinger, the matter was now placed before them for their consideration: The following resolution was offered by COUNCILWOMAN BALLARD who moved its adoption: WHEREAS, the Dutchess County Health Department has forwarded correspondence concerning mandatory Health Department approval for two -lot subdivisions; and WHEREAS, the Engineer to the Town has reviewed the corres- pondence and recommends approval of the recommendation of the Dutchess County Health Department, and WHEREAS, the Engineer to the Town has advised the Town Board that there would be benefits derived to the Town with respect to possible sewerage system failures, costs, protection for new home owners and their neighbors, and would assist in the proper location of wells and sewerage disposal systems and a secondary benefit would be to the developer or builder since such person or persons would incur less liability upon installation of a Dutchess County Health Department system, and WHEREAS, the Town Board of the Town of Wappinger has deliberated upon this matter NOW, BE IT RESOLVED, that the Town Board of the Town of Wappinger requests that the attorney to the Town be directed to take whatever steps may be necessary to include in the subdivision regulations such paragraphs as may be necessary to carry out this resolution which would require the Town Planning Board to have all applicants obtain Dutchess County Health Department approval of two lots or more subdivisions within the Town as opposed to the non -jurisdictional stamp that has been previously utilized by the Health Department, and be it further RESOLVED, that the Town of Wappinger Planning Board be advised of this resolution and prior to its amendment be in communication with the attorney to the Town, if they so desire, for any additional input in this matter. Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 16th, 1984 on an Amendment to the Zoning Ordinance, (Setbacks, Section 421 (e), the matter was now placed before them for their consideration. RESOLUTION PROPOSING AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following resolution was offered by COUNCILMAN INCORONATO who moved its adoption: WHEREAS, the Town Board of the Town of Wappinger,. County of Dutchess, State of New York, is desirous of amending the Zoning Ordinance of the Town of Wappinger to specifically amend Article IV, District Regulations, Section 421 (e), Schedule A, entitled, "Schedule of Regulations for Residential Districts", by deleting certain words from the said schedule of regulations, to wit: the words, "front yard" are to be deleted; now, therefore, be it RESOLVED, that the Zoning Ordinance of the Town of Wappinger is proposed to be amended by specifically deleting from the schedule of regulations for residential districts, Section 421 (e), the words, "front yard"so that Section 421 (e) shall now read as follows: "setbacks on County and State roads shall be a minimum of seventy-five (75) feet". Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 16th, 1984 on a proposed Local Law Authorizing Installation of Certain Stop Signs in the Town of Wappinger, the matter was now placed before them for their consideration. MRS. PAINO moved to adopt Local Law #3 of 1984 as follows: A local law to authorize the Town Council of the Town of Wappinger to direct the Superintendent of Highways of the Town of Wappinger to design, order and install certain stop signs, WHEREAS, Kenneth T. Croshier, Superintendent of Highways of the Town of Wappinger has recommended that certain stop signs be installed at certain intersections in order to protect life, limb and property, BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. The preservation of life, limb and property at certain intersections in the Town of Wappinger is of vital importance to the health, welfare and economic well being of the users of public highways. Section 2. Stop signs be made, constructed and installed at the following intersections in the Town of Wappinger, County of Dutchess and State of New York: as Nancyaleen at. Spook Hill Road Mina Drive at Spook Hill Road Aladdin Court at Losee Road Bellair Lane at Aladdin Court Orange Court at Bellair Lane Section 3. This local law shall take effect immediately provided by law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on April 16th, 1984, on an Ordinance on Soil Erosion and Sediment Control, the matter was now placed before the Board for their consideration. Due to the numerous revisions recommended by Mr. Hawksley, Chairman of the Conservation Advisory Council, Mr. Incoronato recommended that the Ordinance be referred back to the Attorney for his preparation of a revised Ordinance for reintroduction by the Town Board at their May 7th, 1984 meeting. The following resolution was offered by SUPERVISOR VERSACE who moved its adoption: WHEREAS, the 1984 adopted budget provided appropriations for Building and Zoning as one department, and WHEREAS, Building and Zoning has been separated into two separate departments, NOW BE IT RESOLVED, the total appropriation for account B3620 of $53,991.00 be and is hereby apportioned for the year 1984 as: B3620--Buildinq Personal Services Equipment Contractual Exp. Total $29,953.00 350.00 1,470.00 $31,843.00 Seconded by: Councilwoman Paino Roll Call Vote: 5 Ayes 0 Nays B3620Z--Zoninq $ 20,278.00 420.00 1,520.00 $ 22,148.00 Mr. McCluskey requested the Comptroller to provide the Board with a breakdown of the salaries under Building and under Zoning. MRS. BALLARD moved to approve the recommended changes for Polling Places in the Town of Wappinger and submit to the Board of Elections the following list of the Polling Places with the recommended changes, in order to have them designate them as Polling Places for the Town (5f Wappinger for 1984. FIRST WARD District 1 District 2 District 3 District 4 District 5 POLLING PLACES 1984 - TOWN OF WAPPINGER Mesier Homestead, Mesier Park Town Hall, Mill Street Garner Engine Company, West Academy St. Wappinger Jr. High School, Remsen Avenue, S. Hughsonville Fire House, Hopewell Road SECOND WARD District 1 District 2 District 3 District 4 *District 5 THIRD WARD District 1 District 2 District 3 District 4 District 5 *District 6 FOURTH WARD *District 1 District 2 *District 3 *District 4 *District 5 Hughsonville Fire House, Hopewell Road Hughsonville Fire House, Hopewell Road Chelsea School House, Liberty St. Chelsea Chelsea School House, Liberty St. Chelsea Knights of Columbus Hall, Rt. 82, All Angels Hill Rd. Wappinger Jr. High School, Remsen Ave. S. Ketcham High School, Myers Corners Road Ketcham High School, Myers Corners Road Myers Corners Elementary School, Myers Corners Rd. Myers Corners Elementary School 50 Imperial Gardens Apts. (Lobby of Bldg. #50) New Hackensack Reformed Church Memorial Hall, Route 376 New Hackensack Reformed Church Memorial Hall Immanuel Christian Reformed Church, Myers Corners Rd. Knights of Columbus Hall, Rt. 82 (All Angels Hill Rd. New Hackensack Reformed Church Memorial Hall * Designates Change Seconded by Mr. McCluskey Roll Call Vote: 5 Ayes 0 Nays MRS. BALLARD moved to send a letter of thanks to the Mount Hope Grange for providing a Polling Place to the Town of Wappinger for several years and also send a letter of confirmation to the new Polling Places that they have been designated as Polling Places for the Town of Wappinger for 1984. Seconded by Mr. McCluskey Motion Unanimously Carried The following letter was received from Central Installation Company regarding the installation of water meters: April 6, 1984 Town of Wappinger Falls P.O. Box 324 Wappingers Falls, N.Y. 12590 Attention: Mr. Frank Versace Re: Town of Wappinger- Installation of Remote Dear Mr. Versace: After having completed a number of installations in the past month, we have encountered several meters of a different size installment length. According to your General Specification Part 3.02 Work Performance: �3 1. The Contractor shall remove the existing water meter and shall install a new replacement water meter as provided by the Town. Except as directed by the Town, the replacement meter shall be the same size, if different in size the Town will pay the Contractor the difference in cost. Therefore, we are, hereby, requesting that Central Installation Co., be paid $15.00 labor and material for each installation, that is necessary to change a 5/8" meter to 5/8" x 3/4". If there are any questions relating to this matter, please do not hesitate to call. Sincerely, s/ Erman C. Fisher General Manager Mr. Versace explained that there was no provision for a fee for the changeover of the meter sizes in the contract. As late as today questions were raised by Central Installation Company regarding the billing procedures and the discount fee and he recommended that this matter be tabled. MR. VERSACE moved to table this request to the May 7th, 1984 meeting for clarification from the Comptroller regarding the billing and the discount fee. Seconded by Mrs. Paino Motion Unanimously Carried MR. VERSACE moved to request the Building Inspector to make random checks on the installation of these water meters and submit a report to the Comptroller. Seconded by Mrs. Paino Motion Unanimously Carried Under Unfinished Business, a letter was received from John Hinnrichs, Land and Claims Adjuster of Dutchess County regarding right-of-way taking, Schlathaus Property. MR. VERSACE moved to refer this matter to the Attorney for further negotiations with the County for a higher amount than originally offered by the County. Seconded by Mr. Incoronato Motion Unanimously Carried The second item under unfinished business was a letter from Ronald LaSota regarding the Town Board's opinion for or against the issuance of a liquor license for the Castle Racquet and Fitness Club in the Town of Wappinger. The matter had been referred to a work shop session for further discussion. At that time there was no objection from the Board members to the issuance of a liquor license to Castle Racquet and Fitness Club. MR. VERSACE moved to request the Town Clerk to send a letter to the ABC Board indicating that the Town Board has no objection to the issuance of a liquor license to the Castle Racquet and Fitness Club, Inc. Seconded by Mrs. Ballard Motion Unanimously Carried In the matter of the request from Pizzagalli for a water distribu- tion district, the Engineer and the Attorney to the Town recom- mended that this be discussed at a work shop session. MR. VERSACE moved to table this matter to the May 7th, 1984 meeting. Seconded by Mr. Incoronato Motion Unanimously Carried A request was received from the Beacon City School District to use six voting machines for their School Election on May 1st, 1984. MR. MCCLUSKEY moved to grant permission to the Beacon City School District to use six of the Town's voting machines under the super- vision of the Town Custodians and they arrange for the pick up and return of the machines. Seconded by Mr. Incoronato Motion Unanimously Carried A letter regarding a drainage problem was received from George Keros, 120 Edgehill Drive, Town of Wappinger; he included copy of a deed which referred to a Town drainage easement on the property and requested help from the Town to alleviate the problem. MRS. BALLARD moved to request the Engineer and the Highway Superin- tendent to visit Mr. Keros's property and check the drainage problem. Seconded by Mrs. Paino Motion Unanimously Carried A resignation was received from Betty -Ann Russ as Secretary to the Planning Board and the Zoning Board of Appeals. Mrs. Russ stated that she would be available from 8:30 A.M. to 12:00 Noon until June 1st, 1984 to bring the files up to date and assist her replacement. MR. INCORONATO moved to accept Mrs. Russ's resignation with regret and requested the Town Clerk to send a letter to her expressing the Town Board's great appreciation for a job done diligently and conscientiously for many years; her service to the public will be sorely missed. Seconded by Mr. McCluskey Motion Unanimously Carried Mr. Versace referred to a telephone complaint received last Saturday night regarding sewer back-up at 100 Myers Corners Road. Camo Pollution*Control responded and upon investigation found that the sewer lateral leading from the house to the main had been damaged by work being done by the Telephone Company by Rebena Construction Inc. from Highland. Evidently, after the lateral was damaged the company covered it over and neglected to notify anyone of the damage. MR. VERSACE referred this to the Attorney to notify Rebena Construction Inc. from Highland they are responsible for the bill for Camo Pollution Control's services and also notify the Telephone Company that the Town is putting them on notice that any problems with the water mr sewer lines along Myers Corners Road will be the responsibility of the New York Telephone Company. Seconded by Mrs. Ballard Motion Unanimously Carried Mr. Versace referred to bid on Robinson Lane Handicapped Facili- ties which was, rejected by the Board upon the recommendation of the Engineer to the Town who felt that the bid price was high. He further recommended that the Town Board rebid the project. This project was being funded by the Dutchess County Consortium and Mr. Versace reported that they had no objection to the Town including expansion of the existing facilities at Robinson Lane in the second bid for the handicapped. (,0 MR. VERSACE moved to authorize the Engineer to the Town to rebid the Handicapped Facilities at Robinson Lane, prepare specs for expansion of the existing facilities for storage area at that location and include this in the rebid. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Paino brought up the fact that residents of Dara Lane had previously complained of motorists traveling at high rates of speed on that road and were concerned about children playing in the road. They requested that "Children at Play" signs be installed on that road. MRS. PAINO moved to request the Highway Superintendent to place "Children at Play" signs at both ends of Dara Lane. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Alberta Roe, being recognized by the Chair complained of brush fires last summer at the Rockingham Recreation Area and requested that the brush that has accumulated since, then be removed before the fires start up again. Mr. Versace replied that this would be referred to the Recreation Commission. Mr. Ken Duxbury, being recognized by the Chair complained of obstruction of visibility at the intersection of Osborne Hill Road and Smithtown Road due to planting of pine trees at the back of the D'Agostino Nursery. MR. VERSACE moved to request the Town Clerk to notify the Dutchess County of Public Works of this matter and ask them to check it out. Seconded by Mrs. Ballard Motion Unanimously Carried Mrs. Pat Kelley was recognized by the Chair and asked the Board to check the area between the Tennis Courts and the Creek for dumping. She noticed people dumping in that area, particularly last night, a wheelbarrow of broken furniture. MR. INCORONATO moved to adjourn the meeting, seconded by Mrs. and unanimously carried. The meeting adjourned at 9:35 P.M. Reg. Mtg. 4/16/84 OVIACN E aine H. Snowden Town Clerk Paino LOCAL LAW #2 OF 1984 A local law to establish a conservation advisory council for conservation of the environment of the Town of Wappinger pursuant to Section 239-x of the General Municipal Law. WHEREAS it has been found necessary by the Town Board to preserve and improve the quality of the natural and man-made environment within the Town of Wappinger, because of population growth and changes and demands on natural resources, BE IT ENACTED, by the Town Board of the Town of Wappinger as follows: Section 1. Legislative intent. The preservation and improvement of the quality of the natural and man -made environ- ment within the Town of Wappinger, in the face of population growth, urbanization, and technologic change with their accompany- ing demands on natural resources, are found to be of increasing and vital importance to the health, welfare, and economic well- being of present and future inhabitants and require forthright action by the governing body of the Town of Wappinger. .It is recognized that the biologic integrity of the natural environment on which man is dependent for survival and the natural and func- tional beauty of our surroundings which condition the quality of our life experience cannot be protected without the full coopera- tion and participation of all the people of the town working in partnership with local and state officials and with various public and private institutions, agencies, and organizations. Establish- -2 ment of a conservation commission is a necessary step in fostering unified action on environmental problems. Section 2. Establishment of the commission. The Town Board of the Town of Wappinger hereby creates a commission which shall be known as the Town of Wappinger conservation advisory council hereinafter called the council. Section 3. Membership. (1) The council shall consist of nine (9) members of which seven (7) shall be appointed by the Town Board and who shall serve at the pleasure of the Town Board and the remainder shall be ex -officio members as provided herein. Persons residing within the Town of Wappinger who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as a member of the council. Vacancies on the council shall be filled in the same manner as the original appointment except that a vacancy occuring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term. (2) One or more members of the governing body, the chairman of the planning board, superintendent of highways, chairman of recreation commission, town attorney, or attorney to the town, and other officials that may be hereafter designated by the Town Board shall be ex -officio members of the council. Section 4. Officers, meetings and committees. The Town Board shall designate a member of the council to act as chairman thereof. The council shall adopt rules and procedures for its - 3 meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided in section six of this local law. Section 5. Powers and duties of the council. The powers and duties of the council shall be to: (1) Advise the Town Board on matters affecting the preservation, development, and use of the natural and man-made features and conditions of the town insofar as quality, biologic integrity, beauty and other environmental factors are concerned. In the case of man's activities and developments, advise on any major threats posed to environmental quality, so as to enhance the long range value of the environment to the people of the town. (2) Develop and, after receiving general approval by resolution of the Town Board, conduct a program of public informa- tion in the community which shall be designed to foster increased understanding of the nature of environmental problems and issues and support for their solutions. (3) Conduct and maintain an inventory of the natural resources within the Town of Wappinger. (4) Maintain, as reasonably as possible, an up-to- date index of all open spaces as defined in Section 239-y of the General Municipal Law, in public or private ownership within the municipality, including but not limited to natural landmarks, glacial geomorphic or physiographic features; streams and their flood plains, swamps, marshlands, and other wetlands; unique biotic - 4 communities; scenic and other open areas of natural or ecological value. Such index shall include the ownership, present and pro- posed uses of such open areas, so as to provide a base of informa- tion for recommendations by the council for their preservation and/or use. (5) Seek to coordinate, assist, and unify the efforts of private groups, institutions, and individuals within the Town of Wappinger in accord with the purposes of this local law. (6) Maintain liaison and communications with public and private agencies and organizations whose programs and activities have an impact on the quality of the environment or who can be of assistance to the council. (7) Working in cooperation with the planing board, recommend from time to time to the Town Board features, plans, and programs relating to environmental improvement for inclusion in the master plan of the Town of Wappinger and, similarly, recommend to the Town Board appropriate and desirable changes in existing local laws and ordinances relating to environmental and land use controls or recommend new local laws and ordinances. (8) Prepare, print, and distribute books, maps, charts, and pamphlets in accord with the purposes of this local law. (9) Obtain and maintain as reasonably as possible in orderly fashion, maps, reports, books and other publications to support the necessary researches of the commission into local environmental conditions. i 5 (10) When authorized by resolution of the Town Board of the Town of Wappinger, the council may accept by gift, grant, devise, bequest, or otherwise, property both real and personal in the name of the Town of Wappinger, as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the Town of Wappinger. Such real property may be accepted in fee for land and water rights, or as any lesser interest, development right, easement, including conservation easement, covenant, or other contractual right including conveyance with limitations or reversions. (11) Carry out such other duties as may be assigned from time to time by the Town Board. Section 6. Reports. The council shall keep accurate re- cords of its meetings and actions and shall submit an annual report to the Town Board not later than the thirty-first day of December of each year, concerning the activities and work of the council. From time to time the council shall submit such reports and recommendations as may be necessary to fulfill the purpose of this local law. Section 7. Compensation and expenses. The members of the council, including ex -officio members, shall, upon resolution of the Town Board, receive compensation for their services as members thereof. They may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the r 6 the appropriations made available therefor. Section 8. Construction. This local law shall be deemed an exercise of the powers of the Town of Wappinger to preserve and improve the quality of the natural and man-made environment on behalf of the present and future inhabitants thereof. This local law is not intended and shall not be deemed to impair the powers of any other public corporation. Section 9. Effective date. This local law shall take effect immediately. A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York on an Amendment to the Ordinance Regulating Water and Sewer Pipes. Supervisor Versace opened the Hearing at 7:00 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman (arrived at 7:12 P.M.) Irene Paino, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarised. (These Affidavits are attached hereto and made thereof of the Minutes of this Hearing). Mr. Versace explained the Ordinance was being amended to clarify the responsibility of the home owner and the Town regarding the repair of the mains. The previousilaw provided that it was the responsibility of the home owner to repair to the main, however in some cases this was an advantage to the homeowner and in some cases it was not. In this amendment on one side of the ourb cock it is the homeowners's responsibility, on the other side it is the Town's responsibility. Hans Bunderud was concerned with Section Two (a) where it was stated that the service pipe shall be installed by the Town; he felt it should be "water or sewer districts". He also had a problem with the sentence further down in Section Two (a) which read "the Town shall not however be responsible to install service lines or sewer service laterals on lots, or from the mains to said lots within existing or new subdivisions.' Discussion followed pro and con on the interpretation of this sentence and Mr. Versace pointed out that this was part of the old law which they were not trying to amend ---it was where the responsibility was that they were trying to straighten out. Ronald Evangelista, Engineer to the Town, pointed out that relative to Mr. Gunderud's first concern on substituting "water or sewer districts" where "Town" appeared, there were several instances where this should be changed. Nicholas Johnson, former Councilman, stated that this was part of the water program that was not concluded last year and he was in support of this amendment. There were no cther comments made by the public either for or against this amendment. Mr.-incoronato moved to close the Public Hearing, seconded by Mrs. Ballard and unanimously carried. The Hearing closed at 7:20 P.MO. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE ORDINANCE REGULATING WATER AND SEWER PIPES IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: 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 April 3rd, 1984, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Ordinance Regulating Water and Sewer Pipes in the Town of Wappinger, 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, Dutchess County, New York Sworn to before me this 1t day of I L %,LA 1984. Notary UPublic • .. 1 7,1‘15V! 111 0 fk.„ "acilu Elaine Snowden Town Clerk Town of Wappinger DISPLAY ADVERTISING ;'P 0 . D. NEWS CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS Ny 12590 PLEASE TAKE NOTICE that the Town Board of the Town Of Wapplriget'wfl conduct a public hearing on April 18th, 1984 at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York to hear all persons concerning an Amendment to the Or- dinance Regulating Water end Sewer Pipes as follows: The following Ordinance was In- troduced by SUPERVISOR VEASACE: Section One: This ordinance shall ap- ply to all, water and sewer Improvement districts within the Town of Wappinger. Section Two: a. The water service pipe or pipes leading from dwellings or other buildings within the districts to the curb valve shall be installed by and at the expense of the property owner. The water service pipe or pipes from the curb valve to the district water main shall be installed by the Town. Further, the Town shall furnish the curb valve and the flare fitting thereof on the water main side of the curb valve. The property owner stall furnish the flare fitting on the dwelling side of the curb valve. Sanitary sewer service laterals leading from dwellings or other buildings otspavedln the portion roadwaya districts01 the or curb shall be Installed by and at the ex- pense of the property owner. Sanitary sewer laterals from the paved portion of the roadway or curb to the district sewer main shall be installed by the Town. Town shall not norm 're ae 8, Or Ia C te 1111 tg Of P - Ig is e y e AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beptriee• Oeten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, theCe—Editfrr—Pub1iisher• • • 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 ... one.... weeks successively ..onCe • . in each week, commencing on the . 4th.. day of kprz . 19.84 . and on the following dates thereafter, namely on and ending on the ... •4th day of. April 19.84. both days inclusive. 6vr. Subscribed and sworn to before me this ...4th .... day of. April .... 19. 84 Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED 1h itlin;;;CsS COWITY 14-0240760 COMMISSION EXPIRES MACCH 30, 19.{P A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 on an Amendment to the Subdivision Regulations concerning mandatory Health Department approval for two lot subdivisions in the Town of Wappinger. Supervisor Versace opened the Hearing at 7:21 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, 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). Mr. Versace asked for comments from the public either for or against this amendment. No comments were made by the public either for or against the amendment. MR. INCORDNATO moved to close the Public Hearing, seconded by Mr. McCluskey and unanimously carried. The Public Hearing closed at 7:25 P. Elaine H. Snowden Town Clerk DISPLAY ADVERTISING end s. NEWS CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS, NY 12590 i' }' PLEASE TAKE NOTICE that the Town Board of the Town of ,Wappinger will t894 $ 7t :10 P.M. ottheic IvannTown Kali, pril Milll }-"Street, Wappingers Falls, Dutdhess CCoouunty, New York on an Amendment to the Subdivision Regulations concern; ' Inandiftry Health Department ep- for hem -kit subdivision, as Meowing Amendment wait In- Councilwoman n- WitEREAS heeutche 11 DPorno! Dutchess th Department has forwarded cor- respondence ' concerning mandatory lteattfl Department approval for two -lot 6- 1EAS, and Engineer to the Town ' 'Ms reviewed the correspondence and �'recoaatends rove► of the re�om- "msndatlon of the Dutchass Q*inty,. ,, Iteahh Department; and • WHEREAS, ttw advised Town Board that n I' would be benefits derived to the Town �strstrespect„swum totlurss costs, possible sewerage fqr i new hone owner* and then neighbors, and would>assist In the proper location "%el went and sewerage disposal ,sysems and a secondary benefit would be to the developer or builds tins r such porton persona would In tees liability upon Inatailatlon of a Dut- cur "chess County Health Department system; and WHEREAS. the Town Board of the ,Town of Wappinger has deliberated . upon this matter. NOW, BE IT RESOLVED, than the •' Town Board of the Town of Wappinger 'requests that the attorney to the Town f• be directed to take whatever steps may be necessary to Include In the subdivi- slon regulations such paragraphs as .' may be necessary to carry out this _.resolution which would require the !Town Planning Board to have all ap• ;Micants obtain Dutchess County i MNIth Department approval of twoiots ;=or'.mare subdivisions within the Town p-th hased sthe been previouslyhutilized A He tthDepartatentandbedha SESOLVED, that the Town of W p ;- heir Planning Board arldria df p( ifltb ts/ofuttefn atldVietto Its amehdbft .2 tit o the own, saidesNa-with Me i Ont fof air G additional front • Offtsf�usd noNmarhBalind who '1'41r1n,H. Snowden Town of Wappingeri 19811; ,St4' AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Osten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several tunes hereinafter was, the .C9-Edj.tpr-1N11� 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 one weeks successively ..4110 . in each week, commencing on the .+th.. day of AIA'. . 19.6 t . and on the following dates thereafter, namely 011 and ending on the 4th 19.84. both days inclusive. day of.. April .... 6s&-izt. Subscribed and sworn to before me this ... kt.I .... day of.. Apd.1... 19. E1L ...• �.. fir• Notary Public My commission expires ALBERT M. OSTEN NOTARY PUBLIC, STATE OF NEW YORK QUALIFIED IN DUTG:HESS COUNTY ;14.0240760 COMMISSION EXPIRES MARCH :10, 184 TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE SUBDIVISION REGULATIONS CONCERNING MANDATORY HEALTH DEPARTMENT APPROVAL FOR TWO LOT SUBDIVISIONS IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: SS: 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 April 3rd, 1984, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Subdivision Regulations concerning mandatory Health Department Approval for two lot subdiVisions in the Town of Wappinger, 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, Dutchess County, New York. Sworn to before me this day of OpA LL7 Notar Public 1984. P1.4, , "i; ' • Y. 6;,"3 „. Elaine H. H. Snowden Town Clerk Town of Wappinger A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York on a proposed Local Law to Establish a Conservation Advisory Council. Supervisor Versace opened the Hearing at 7:26 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, 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). Mr. Versace explained that this law would make the present Council more legal; their function would remain the same, the number of members would remain the same; they would still be an advisory board for the Town Board, the Planning Board and any other Town agency. Nicholas Johnson noted that the Conservation Advisory Council has been in existence for eight or ten years and he supports them 100%, however, in his opinion, if this law is adopted, they will no longer be an advisory council, they will be taking on maddatory duties. He felt the Town Board should reconsider this proposed law and look at the authority the CAC has presently, which is amply. He recom- mended that they take no action on the proposed law. Mrs. Paino informed the Board that she had a call from Mr. Henckey, 40 Ervin Drive prior to the meeting and he had informed her he was unable to attend the hearing but wanted to convey his support of this local law. Mrs. Ballard added that Mr. Hawksley, Chairman of the Conservation Advisory Council had explained that this Council was formally established by resolution of the Town Board in 1974; this law will be incorporated into the Town Code Book making it a legitimate and established council. This law has been recommended by the New York State Department of Environmental Conservation and she feels the Board should take action on it. Ken Duxbury, member of the Conservation Advisory Council stated that he was in full support of this proposed local law. There were no other comments made for or against the proposed local law. Mr. Versace moved to close the Public Hearing, seconded by Mrs. Ballard and unanimously carried. The Hearing closed at 7:30 P.M. Zt,(41,J4,s Elaine H. Snowden Town Clerk �f TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW TO ESTABLISH A CONSERVATION ADVISORY COUNCIL IN THE TOWN OF WAPPINGER 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 April 3rd, 1984, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law to establish a Conservation Advisory Council in the Town of Wappinger 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, Dutchess County, New York. Sworn to before me this /6 day of {- i1"CI 1984. Notary Public .„I"Jilt/ 1 `/1W1i:ii011 salsas ..610h 30. _ I'/ zs 1, LlQ- Elaine H. Snowden Town Clerk Town of Wappinger tU. arid S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS s 1IY 12? s of 11ey s of the matters develop- ed men- . Of the Integrl- 11al lac. rase 0f- ,nta, ad- d toen- mhance onment rcelving of the ram o/•' rmunity eter in- Iture of issues Inven- ihin the poeskl, 11 open'. ubl a or or 1 the �prtmited -- or- Itures; plains, • other unities; natural email In• nd pro - s0 as Ion for ecu for it, and am in - lin the 4-th the tunica• encase fro and quality., be of Ith the tt time,, �a 7te1N't0 MO town Donna vaturea, pleas ami programs relatingt0 en- irkWresntal improvement for nclusion in.'s waster plan of the Town of Wapp- lr®erand, similarly, recommend to the Trier Board appropriate and desirable eswIes in efdating local laws and or• diaeacea relating to environmental and land use connote or recommend new • local laws and ordinances. (B) Prepare, print, and distribute • books, maps, charts, and pamphlets If accord with the purpose of thft local law. (9) Obtain and maintain as reasonably , as. possible in orderly fashion;maps•, reports, books and other publications to support the F necessary researches of the commis - r sion into local environmental condi-. I lions.- •• „ .•..- • • • (10) When authorized by resolutlon of r the Town Board of tie Town of Wapp- Inger, the council may accept by ift, grant, devise, bequest, or otfrerwlse name of toth he Towal n of W�appingln er, to may be necessary to conserve. and otherwise properly utillzs open apnoea and other land and water resources within the boundaries of the Town of • Wappinger. Such real properly may bs- r-accepted In fes tor land and water rights, Or as any leaser Interest, development right, easement, Including conservation easenrenl, convenanl, or (' other contractual right Including cen- veyarlce with limltatbnsor revering (11)Carry out such other duties as may assigned from time to time by the Town Board. Section 8: Reports. The council shall keep accurate records of Its meetings and actions and shall submit an annual report to the Town Board not later than the thirty-first day of December of each year, concerning the activities and work of the counclt. From time to time the council shall submit such reports and recommendatone as may be necessary to fut 111 the purpose of this local taw. Section 7. Compensation and es • - panses. The members of the council, in -- eluding ex -on lclo members, shall, upon resolution of the Town Board, receive compensation for their services as members thereof. They may be relm= bursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor. Section 8, tbnstructlgp. This local taw strati be deemed an exercise of the powers of the Town of Wappinger to preserve and Improve the quality of the natural and man-made envlronment.on behalf of the present and future In- fabttants thereof. This local.law Is not intended and shall not be deemed to impair the powete of any other public corporation. Section 9. Effective date. This local law shall take affect immediately. NOTICE IS FURTHER GIVEN that the Town Board w111 conduct a Public. Hear - Ing on the aforesaid proposed Local Law at the Town • Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on April 18th, 1984 et 7:15 P.M. on such date at which time all - parties interested will oe heard. NOTICE IS FURTHER GIVEN that copies of the aforesaid proposed local' • law will be available for examination and Inspection at the office of the/own Clerk of the Town of Wappinger n the Town Hall between the date of this notice and the date of the public, hear- ' ' Elaine H. Snowden Town Clerk Town of Wappinger Dated: April 3,1984 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. bestriea , Matsu of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, theitb#•=•F'f+tblis�ier' • • 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 . • •one • weeks successively bhee , in each week, commencing on the .4th.. day of k.. . . 19.8/4, . and on the following dates thereafter, namely on and ending on the .... tlt} , , .. day of. April 19.84 . both days inclusive. +•• Subscribed and sworn to before me this .. 4th day of. A nil 1984 • Notary Public My commission expires ALBERT M. OSTEN NOTARY PUDLIC, STATE OF NEW YORK QUALIf,E0 111 CII1I: ;E`S CG;1,STY #14.8240760 COMMISSION EXPIRES MARUR 30, 191% A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York on an Amendment to the Zoning Ordinance Section 421 (e), Setbkicks. Supervisor Versace opened the Hearing at 7:31 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene Paino, 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). A letter from the Dutchess County Department of Planning recom- mended that decision be based upon local study of the facts in the case. Mr. Versace explained that this action was recommended by the Planning Board to delete the words "front yard" so the section would read "setbacks". Mr. Versace asked for comments from the public either for or against this amendment. There were no comments for or against the amendment. Mr. Incoronato moved to close the Public Hearing, seconded by Mrs. Ballard and unanimously carried, The Public Hearing closed at 7:34 P.M: Elaine H Snowden Town Clerk Ll 1.2:1. an S. D. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET-11'APPINGERS FALLS , NT 12590 AIC NbT�CE gain: Town E--• • of Town of Wappinger will conduct a Nearing at the Town Nast, MI 1 appingers Falls, Dud' t t, chime Hew York on Monday, Witj A$th *17:30 P.M. EST on an ' Ordinance *Una/Wing, the Zoning Or - 5: *nonce of tl tAS�e T 1 Wappbtgr rum. RESOLUTION TOP PROPOSING ZONING OR - MANCE OF THE TOWN QF WAPP- • E MS, the Town Board of the Town i than, r of NewYork, is dappinge,r Comity esirous *Menawap�rgerIticaiy Zoning Ordinance of the . ARble IV District Regulations, 42101 Schedule A,enntitd , "ScheduIleof Regulations for 'Readen- tlal DIs91c s,' by deleting certain I, words frost the said schedule of reguia- done, to wit: the words, "front yard" are k to RESOLVED, that wthhe rozonining Or• ` f dinenos *Ike Town of Wappinngpeer le ; 1a be amended by epedficai• deleting dam the acheduuteof reguia- 421t ons lcr tial districts, Section id Sect "' 114 ore$, •'front yard" so that t 14111 shall now read as ' follows: "setbacks on County and State fro�ads shalt be a minimum of seventy• feat:", ) ihti�ava *solution wet tittered by 'Cour ttcN itsf bine Paineho mead its • t c 0nded by Coun4iima" , town Clerk • v'r Town pi lfapphtger Dated: M ;fe30,ige4 • I; AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. tie etxice. Osten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several times hereinafter was, the Co—Editor-Publisher • • 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 ... one ... weeks successively once • . in each week, commencing on the . 4{ • •day of Apr: . 19.84 . and on the following dates thereafter, namely on and ending on the .. ,4th 19.814.. both days inclusive. day of. . April .... & Subscribed and sworn to before me this ....13th .... day of. Agnil • • • • 19. $4 Notary Public My comtnission expires /1.1. r ,1 t 1):•T rJ NCEAr Y , ,; l : , ,, 1 •!:E.Vi YORK QJALIFJEJ IR ii !; COUNTY #14-8240760 COMMISSION EXPIRES MARCH 30, 19h A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York, on a proposed Local Law for the Installation of Stop Signs at Certain In+ersections in the Town. Supervisor Versace opened the Hearing at 7:35 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato, Councilman Gerard McCluskey, Councilman Irene paino, 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). Mr. Versace explained that this proposed law was the result of a petition from residents of those areas to install stop signs on their roads. Mr. Versace asked for comments from the public either for or against the proposed local law. No one spoke either for or against the proposed local law. MR. INCORONATO moved to close the Public Hearing, seconded by Mrs. Ballard and unanimously carried. The Hearing closed at 7:39 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AUTHORIZING INSTALLATION OF CERTAIN STOP SIGNS IN THE TOWN OF WAPPINGER 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 April 2nd, 1984, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law authorizing installation of certain stop signs in the Town of Wappinger 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, Dutchess County, New York. Sworn to before me this /C day of I 1984. ,A Nota Public l"7 -7r 'TEZ. JR. tic:yy it ,r, II. r r 132'. (I) Elaine H. Snowden Town Clerk Town of Wappinger and . NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING 914 297-3723 84 EAST MAIN STREET—WAPPINGERS FALLS , 12590 NOTICE IS HEREBY GIVEN that l• there has bourn duty presented and in - traduced before the Town Board of the Town el Wappinger, Dutchess County New York on March 19, 1984, a propos- a..1 Local law as follows: A loos, law to authorize the Town • Council of the Town of Wappinger to ; direct the Superintendent of Highways of the Town of Wappinger to design, : order, and install certain atop signs, • WHEREAS, Kenneth T. Croshier, Superintendent of Highways of the Town of Wappinger, has recommended t that certain stop signs be Installed at d certain intersections In order to protect i, ' fife limb and property, BE IT ENACTED by the Town Board , ,ol The -Town of Wapping*/ as follows: Section 1. The preservation of life, ;t elimb arid' property et certain in. tersections In the Town of Wappinger Is of vital importance to the health, welters and economic well being of the users of public highways. > 1 Section 2. Stop signs be made, con- ty strutted and Installed at the following 1 Intersections M the Town o1 Wapp• h Ings, County of Dutchssa and State of r New York: Nency*ben at Spook Hill Road Mi Drive at Spook Hill Road. Aladdin Court at Lose* Road BNlatr Lane at Aladdin Court.. Orange Court at Bellak Lane ' • Section 3. Tehllys local flaw shpallll take e1- ,� het immediately IS URT14ERGIVEN that the NOTICE IS f w. i Town Board w111 conduct ■ Public Hear - pig on the aforesaid proposed local law - at the Town Hall, Mill Street, Village of '• Wappingers Falb Dutchess County New York on April 18th, 1984 at 7:35 v, P.M. EST on such date al which time all t parties interested will be heard. NOTICE 88 FURTHER GIVEN that .copies of the aforesaid proposed lout law will be available for examination and Inspection at the Office of the 3 Town Clerk of the Town of Wappinger r giro Town Hail between the date of 1 nottorlarl the date of the public Elaine H. Snowden Tbwn Clerk Townof Wappinger 1984 • v . AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice. oaten. of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several Ones hereinafter was, the 00-Editor-Putrlishete' ' 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 ....One... weeks successively . once . . in each week, commencing on the .4th. . day of . Apra . 19.g[} . and on the following dates thereafter, namely on and ending on the ...4th day of. April 19.81+ . both days inclusive. Subscribed and sworn to before me this ... 4th day of. April My commission expires C. 19 84 Notary Public ALBERT M. OSTEN NOTARY PUBLIC, SrATE CF r:Ew YORK QUALIFIES IR C,11CUI:SS COUNTY #14-8240760 pp COMMISSION EXPIRES MARCH 30, 19.$10 A Public Hearing was held by the Town Board of the Town of Wappinger on April 16th, 1984 at the Town Hall, Mill Street, Wappingers Falls, New York, on a Soil Erosion and Sediment Control Ordinance. Supervisor Versace opened the Hearing at 7:40 P.M. Present: Frank Versace, Supervisor Renata Ballard, Councilwoman Joseph Incoronato; Councilman Gerard McCluskey, Councilman Irene Paino, 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). Mr. Versace explained that the Town Board and the Planning Board felt this Ordinance was needed for new developments in the Town. The Chairman of the Conservation Advisory Council could not be present, however, Ken Duxbury, a member of this Council was 7 to pose questions to 'him on this Ordinance. Mr. Versace asked for comments from the public on the proposed Ordinance. Nicholas Johnson asked who is responsible to file a sediment control plan; who must file and does it apply to those filing for new sub- divisions, etc. or any home owner grading or disturbing the earth. - o Mr. McCluskey felt that the definition of gapplicant" was not sufficiently spelled out. Mr. Johnson asked if it applied to only new subdivisions and new site plans or does it mean any home owner who digs a hole in his backyard. Mr. Incoronato pointed out that under Article III, Application Procedure, it refers to preliminary plat; it refers to development so it has to be a plat or subdivision plan not a homeowner putting in a swimming pool or moving a tree. Mr. Johnson pointed out that in the Subdivision Regulations adopted in April or May of 1982, there is provision within these regulations for sediment control which developers are required to abide by. If the Board intends to tighten up the reglations, it should be done within these Subdivision Regulations ---why create a separate ordinance, it will only serve to duplicate and it will confuse people. Mrs. Paino pointed out that if this ordinance is adopted it will be included in Town Ordinances and will act as a guideline to determine the grading etc. has been done properly. Mr. Johnson persisted with his opinion that it should be modified as part of the Subdivision Regulations and not as a separate Ordinance. Mrs. Paino read a number of changes to the Ordinance requested by Mr. Hawksley, Chairman of the Conservation Advisory Council since he was unable to attend the Hearing. Mr. McCluskey remarked that he had received a copy of these changes on Saturday and after reading the revision he still did not know what "applicant" was or developer. He would have to be a Philadelphia lawyer to understand the meaning and he didn't know if he would be breaking the law by,not applying for a permit if he was blacktopping his driveway. He referred to Page 5, Article III, under A. The applicant is "encouraged", which he thought to be a very weak work --what did it mean. How is anyone supposed to know what the Ordinance means. He insisted that it was not specifically stated who the "applicant" is. It is a good concept and but does not properly address what the Town is looking for which is good erosion control. Who will enforce it. Mrs. Alberta Roe, questioned #25 ---any activity which removes or significantly disturbs the surface cover ---if she was to remove a willow tree, would she have to comply with these requirements. She was confused now more than ever after Mr. McCluskey brought up some points. Mr. Incoronato pointed out only if she needed site plan or Subdivi- sion approval and if she was still in question she could call the Building Inspector's office and find out. Mr. Johnson referred to Page 9, D. Maintenance and read that paragraph ----"Individuals or developers carrying out soil erosion and sediment control measures under this article, and all sub- sequent owners of property on which such measures have been installed, shall adequately maintain all permanent erosion control measures, devices andplantings in effective working new condition". Basically this law is saying that all/property owners are responsible for any activity in his yard and will have to file application if he wants to remove trees, etc. since the developer who built the homes had to apply for a permit under this new Ordinance; Mr. Johnson pointed out that he didn't think the law was saying what they wanted it to say and they were looking for trouble if they approved it. There were no other comments made either for or against the proposed Ordinance. Mr. Incoronato moved to close the public hearing, seconded by Mrs. Ballard and unanimously carried. The Hearing closed at 8:06 P.M. A WI - Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON AN ORDINANCE ON SOIL EROSION AND SEDIMENT CONTROL IN THE TOWN OF WAPPINGER 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 April 2nd, 1984, your deponent posted a copy of the attached notice of Public Hearing on an Ordinance on Soil Erosion and Sediment Control in the Town of Wappinger 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, Dutchess County, New York. 16 ill Sworn to before me this day of 9 NotaryPublic VIRG!I!O t..77.,'P2, JR. Retry fu"': Y;:k Guts tommL1e:1('ur3 la C;.'.r GLus'y 1984. V(7 tit() to Elaine H. Snowden Town Clerk Town of Wappinger PLEASETa Board Of the', conduct a p Hall Mill •ta IM town o f chess, New 7:40 P.M 24.. MO; los town grlttr: ;,1 a. Permp Inger, County of Dut• ° b. short -Term seeding producing on April 16th; 1984, ate ! temporary vegetative cover, or n of Yylap�lnper will anent bedlnpp tante O sediment hearing a the Town - Q +w 'gealltlnpp b*slna Wappingers Fal4, In long-term vegetative cows ` .i 'Installs and and , Et W hear all parsons con -c. Sodding, producing areas covered carving art�ftrdinance on sunErosion with a, turf of perennial sod -forming and Sediree tControl. gr8ee. .,,,•. `:r,. ARTICLEI 29- WATERCOURSE: Any natural or' ;'1,1.LEANDPURPOSE ''. ".': �' artificial watercourse, stream, aver, creek, ditch, channel, canal, conduit, - r-. •• culvert, drain, waterway, gully, ravine or ' This Ordinance will be known as the ' wash In which water flown in a definite "Town 01 Wappin9per Soli Erosion and direction or course. either continuously SsdlmeMControlOrdlnance."- or Intermittently, and which has a 8. PURPOSE definite channel, bed end banks, and Excess s quantities of moll ars shall Include any area adjacent thereto eroding within areas that are undergo- overflflsubjt to Inundatton y reason of Ing development for nonagricultural overow or flood water. uses such as hurling developments, ' - ARTICLE III Industrial sites, roads and recreation ' APPUCATION PROCEDURE areas In the Town of Wappinger. This sop erosion makes necessary costy INITIALrepairs to gullys, washed out flits, The developer is encouraged to con- mads and .l embankments. TM resulting stall the Town of Wappingerncouradevelop- sediment clogs atone sewers, muddles streams end silts lakes. Sediment fe ex- . meet plan regarding its effect upon the pensive to remove and limits the use of , tract to be developed and the area sur- e for most beneficial purposes. , rounding It before he submits a 1 Int choked streams can,rssufl M n prellminary plat for review. He should 1 9 and associated damagpes,, In• , Ing ori nam a acquainted tand dos ands Ihe zon- pecifics- r t the threat to public health and ` ' lions, this ordinance, and other or. `''` dlnanoss which regulate the develop - ARTICLE II " . . r .; _'s^' mut of land in the Town. DAR)NRIONS B. COMPLIANCE • No site plan or plat shall be approved A TILE The following definitions shalt apply , unless 11 includes soil erosion and sedl- htrthe Interpretation and enforcement'' went control measures In accordance of Inks Ordinance, unless otherwise..' with the standards and practices of the slated:Town of Wapping's,. No approval for ()c- apacitively ERTIICATION: A sloped, written . cupancy of any building will be granted statement by the Zoning Administrator' unless all needed erosion control that spec Bo constructions, In- measures have been completed or swoons or lasts, where required,' substantially provided for In accor- ', have been perlgrmad and that such dance wllh this ordinance and the with the applicable re- = dards and speclflcations of the Town of '"qulnumantsof ifde article prr*guhtlone ., Wappinger. The developer or builder adopted. shall bear the final responsibility for 2. EROSION: The wearing away of me Installation and construction o1 all the land surface by the actloh of wind, required erosion control measures ac - the water or gravity. cording to the provisions of this or- v-- 3. EXCAVATION OR CUT: Portion of- , dlnence and to the standards and . land suntans or area from which earth r epeciflcal Ons of 1M Town of Wapp- ' Ms been removed or will be removed by Inner' excavation; the depth below original , C. DATA REQUIRED a : epThe developer must submit the ground sumacs to A barrier or i followingInformation for the entire :k 4, DEBRIS BASIN: A barrier or dem--.'',tyct df land whether or not the tract o um, urges • waterway w at °ow iiwtll be devskiped in Stapp , 7a Or tilt or other material. .,, tocallons to retain rock, WIC; { 1. A boundary Nee survey of the Cite', ER810N: A channel w110 o1' on which IM work Is to be performed. • .. wtttiieut • supporting ridge on the lower ' 2, Description o1 the features, rix• AdminIstr.Fo ter':' skis oonstrueted soros' or et IM bog- lathe and proposed, surrounding the tons not te torn of a slope:, , site of Importance tot the ' propoead 1•; grading pert • fir' 6. ENBANKMENT OR FILL' A man- development• may refuse (1 1F', , ipolt ql, soil, rock or other , 3, Description of general topographic B. VIOLATIO ;a, and general soil conditions on the site Whenever, 7. EXISTING GRADE;' The vertical (avallable from the Dutchess Cousrty prdlnanos t Soil Conservation District). stern of the existing sued 'surface 4. Location and description of •sx" s required, mc, Io I HEp or AD f`i: •.?:. lstingand future man-made features of �-nct le pmN 8. FINISHED GRADE TM flrrel grads, .10 the "with such Pi fir elevation of the ground surteoraory,f -' '.P�o� 'AewbR violation off t tSro9. ingGR DING: the Anys stripping . 5. 'Plans and specifications of soil C.CORREC1 #F 9. GRADING: Any etrippinp, cuttkrg, erosion end sedimentation control All violal fllling, slockplllnp or any combination measures In accordance with Van- wlthln thirty thereof and shoe include the land In its dards and specifications of the Town of Issuance of t or filled condition. W apple er. D. PENALTII i �Wa1re.' ERMR: A permit g Any persc red to ea A timing schedule Indicating the violates, ne leder this Ordinance. mr,or�r 1. GRASSED WATERWAY. A natural ''' dares ''of the dew pmeni sequinow- dinanca or sediment from r undergoingdevi ' 10. Provsions (hely accommo )' off caused by cl conditions dura ment. 11. The pen* and structures soon as prectla C. DEVELOPME All developm and timing sch stone o1 ;nevi shall include pr sediment cont standards and 1 ed by the Town 1. Technical . and insl611atIo ment control r the office of Ih1 D. MAINTENAP Individuals out soil eroslc measures and subsequent c which such n stalled, shall permanent en devices and pt Ing condition. VAI E The Town Board shall hi prat this Ordlr cases grant v to these reqs variance or 1 with the gene IM requlrems IN: • Et A. INSPECTIC The require be enforces mtnlelrator w adequate ins schedule Me trig Adminlst ihe applicant nclude onstructed walerway, usually broad and the time of exposure of each area granted h ;1'• slid shallow, covered with erosion- " , resistant grasses, used to conduct sur• love water from a Held, diversion or other site feature, - 12. MULCHING: ,The application of plant or other suitable materials on the ' soil iurtace to comers' moisture, hbid r; moll in place,_frd aid In establishing r plant cover. - 13. NATURAL "GROUND SURFACE The gr nd Q�iq In Its original stab beforerag, excavation Or fill - 4. ONE HUNDRED YEAR FLOOD PLAIN: That area which would be Irrun- r dated by storm runoff or flood water equivalent to that which would occur with a rainfall or flood o1 one hundred (100)year recurrence frequency. I 15. PERMITTEE: Any person to whom a permit la issued In accordance who thla ordinance. 16. PROFESSIONAL ENGINEER: An engineer duly registered or Otherwise '0:authorized by the State of New Vo* to practice in the field of civil englnsering. t7. REGULATED GRADING: Any grading p.Aormsd with the approval of and In accordance with criteria ;• , established by , the Zoning Ad- ' min)strator. ,„, 18, SEDIMENT: Solid material, both ',mineral and orgaznlc, that le In $uspen- slon nIs being transported, or has been drt 'moved loom las' sits or origin by air, 'water of gravity ass product of erosion. 19. SEDIMENT BASIN: Sea Debris '20. SEDIMENT,p001_ The reservoir space_ allotted to the accumulation of �` thebmerged a sediment dut Ills of e. 21 -8LOPEt degree of dwtallon of wrtaq froth the horizontal mutiny plc• tressed In Percent ordegree.- 22. 13011.! sgreel22.8011.. Ali unconwlldatsd mineral and orgardc material of whatever oilyln .hat overlies bedrock which'Can be .nrsdilyercavated. 23. sfi lnbsr who iqualified by education *rad sxperlseos to pnct)oe sppgsd soil mmahsnfce end foundation engineer- •QInp. r c,4'_- . ) 24 o SITE: Any plot or of land or r'•? combination of, contiguous bta or parcels o1 lend when priding Int per - 1 ermadorpennllied'` , 25. STRIPPING: Any activity which removes or significantly gloat* the vegetative surface cOver Inctur g • clearing and grubbing opsreNona. 26. STRUCTURAL ROCK FILL& FINS constructed predominantly of rock ,, mate;�1e for the purpo"' lirrppgt 4g }tructlkres. • • T prior to the completion of effective ero- sion and sediment control measures. . D. PERMRS 1. REQUIREMENT: Except as exemp- ted by Article V, no person shall do any grading, 'tripping, cutting or filling without a valid grading permit Issued by the Zoning Administrator. 2. APPLICATION: A separate 'splice - bon shall be required for each grading permit. Plans, specifications and tim- ing schedulea shall be submitted with each application for a grading permit. The plans shall be prepared or approv- ed and signed by a professional engineer or by an architect. The Zoning Administrator may waive the prepare- . tion or approval and signature by the professional engineer or architect when the work entails no hazard to the - adjacentproperty. ARTICLE IV PRINCIPLES AND STANDARDS A. IMPLEMENTATION ' Since considerable soil erosion can •lake place- during c0nstrucllon, development plans shall contain pro- posed erosion and sediment control measures. These measures shall be In- corporated Into the final plat and the final construction drawings. Erosion and sediment control measures shall conform to the standards and specifications established by the Town of Wappinger. The measure shall apply to all features of the construction site, Including street and utility installations • as well as to the protection of In- dividual Iota. Measures shall also be In- ' atltuted to prevent or control erosion and sedimentation during the various • stages of development. B. GENERAL DESIGN PRINCIPLES Practical combinattons of the follow- . Ing general principles will provide ef- fective sediment control when properly, , planned and applied. 1.The development plan shall be fit- ted to the topographyand trolls so as to create the least eroson potential. 2. Grading of land within the one hun- dred (100) year flood plain of water" :Gann dealgnated and delineated es being subject to flood hazard will not ' be permitted unless sufficient topographic and hydrologic, data is presented to the Zoning Adminlatretor to Indicate that arch alteration will have no detrimental influence on the flow characteristics of IM stream. i 3. Permanent vegetation and Im- • provements such as streets, storm ' sewers or other features of the develop- 77 ment, capable of carrying storm runoff er; Ina safe manneha8 be scheduled for ,: 27 ' EMOOPI All.; • PROTECTION:`` , installation to the greatest extent Bta0Nzatlons.lf erosive of''Mdknen� , possible before removing tlra vlpsla- :+ t du p *res' , - •; s r tion cover !roman area. , ta20. biVEGETATIVE' P1iOTEG' fON:'. 4. Wherever loutish, natural vegeta - Stabilization o„demur,;.alas or „dent , lion Shap be retained and protected• qulrsment c shall be fir than five (5 hundred (10 cost of pro pilaw(' will dinance,ea loins shall tense. The not exempt compllancl „ Ordinance. :)x,1 . SEVI • All parts deemed se paragraph, valid or uni such hold validity of any pail th declared. declares t this online respective more pa phrase, 1 declared Ir This orC mediately Board of shall be a pilcatlons, Dated: Ma NOTICE VILLAGE, ROLL VI FALLS, NI PLEASE Assessment roll for the Incorporaro.., ylllage of Wappingers Falls, Dutchess County, New York, for the year 1964- t 1965 hes been filed In the office of the Village Clerk at the American Legion Hell, 7 Spring Street, In saki Village on :y'; the 101 day 01 April, 1961 and that the same will remain In said Clerk's Office open to public Inspection for 15 days . from date of publication o1 this ndlige, 1 Dols: April 4, 1964 , - ��too D. ' • iT S CLASSIFIED ADVERTISING 23 !TING ERS FALLS • NT 1a59© AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. . , ,Beatricto- Oaten ......... . . . . of the Town of Wappinger, Dutchess County, New York, being duly sworn, says that he is, and at the several • times hereinafter was, theco-Editt.Pubtfahe of the W. r' & 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 . , . Cil . • , , weeks successively , , , in each week, commencing on the . dayonce• I+th..of.gpr. • 19.84 . and on the following dates thereafter, namely on and ending on the ....•...... .... ,. both da .... day of. , Apz`iI 19. . 84ye_ inclusive. ' ' • Subscribed and sworn this .,l�.th„•,•day to before me of.. • 19.gt;,.,.• •/ Notary Puhlic �tycorntnissionexpires ,,,•,,,,•,,,,,,,,,,,,,,•• ALCCRT M. O5Try NOTARY ri'''ll, c; fl:ly YORK QUAuFicL. ! ; C:''I.I:is't COUNTY 14-C 240i GJ COMIISSI;IN EXFi11ES F,;,1.1:2.11 30, 19/11