1982-01-11 RGM!!
AGENDA
TOWN BOARD
TOWN OF WAPPINGER
JANUARY 11, 1982
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO THE FLAG
3. ACCEPT MINUTES
i
•
•
4. REPORTS OF OFFICERS:
Town Justices Rec. of Taxes Bldg/Zoning Sup/Compt thru 11/30
Hydrant report Ping. Bd. & Zng Bd. attendance report of '81
Bldg./Zoning Annual Report
S. PETITIONS & COMMUNICATIONS
a. E. Hawksley,Ch. Cons.. Adv. Council re: "On Site Energy Service"
b. Hawking & Peddling Lic. Application from Joan Makely
c. Dr. Ballard re: interested in serving on CATV Commission
d. Kay Cambone, Int. Dir., Dutchess Co. Community Action Agency, Inc.
re: T/W contribution -
e. Camo Pollution re: removal of collection system from Primary Tank
kwood STP
f. Gary & Dorothy Schmitt re: putting Town on notice of sewage backups.Oa
g. Planning Bd. recommendation for amendment to Zoning Ordinance to
transfer authority to act on Special Use Permits
h. Attorneys letter on R.O.W.s - Rte 376 1
i. R.E. Lapar recommendation for retaining R.O.W.S - Rte 376
j. Michael Petrus re: request increase for meter reading
k. Dr. Heaney request for rezoning a parcel at All Angels & Myers Corners
1. H. Gunderud re: T/Bd approval of Fire Inspectors
m. Ronald Lafko re': Atlas Water Co. purchase
n. Dog Shelter lease and agreement.
0.IINC3 C4.5 re S -top Stzt‘ ior 6-ot,e1 ect ittuAkArT4
. COMMITTEE REPORTS
F. Versace - Health & Safety - re: "Right on Red" signs (2 Locations)
I 7. RESOLUTIONS
111 a. Vacancy on Planning Bd. - Geo. Brannen term expired
b. Introduce Resolution for Gyomia Rezoning & set P.H.
c. Amendment to Highway Specs - submitted by attorney to Town
d. Fieldstone Farm Conservation Park District
e— &-e(' w acc-1-.0N or et -11.(34- Ras.een42:-;* oti-?-t<i)
if 8. UNFINISHED BUSINESS.
a. St. Cabrini Home, De Garmo Hills Rd. - Corre§pondence
b. R.E. Lapar report on County drainage ditch - Old HopeWell
between MacFarlane and Spook Hill
c. Mr. Cuatts memo on clarification of supplying evipment to organizations(
So.
9. NEW BUSINESS
Pon, eel -
10. ADJOURNMENT
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on January 11, 1982 at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Gerard McCluskey, Councilman
Bernice Mills, Councilwoman
Frank Versace, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
Rudolph Lapar, Engineer
All stood fat the Pledge of Allegiance to the Flag.
The Minutes of the Regular Meeting of_December 14, 1981 and the
Year End Meeting of December 30, 1981, having previously been
sent to all Board Members, were now placed before them for their
consideration.
MR. JOHNSON moved that the Minutes of the Regular Meeting of
December 14, 1981 and the Year End Meeting of December 30, 1981,
be and they are hereby approved as submitted by the Town Clerk.
Seconded by Mrs. Mills
Motion Unanimously Carried
Reports were submitted for the month of December from the
Town Justices, Receiver of Taxes, Building Inspector/Zoning
Administrator, Highway Hydrant Report, Supervisor/Comptroller
through November 30, 1981 and the Planning and Zoning Board
Attendance Report for 1981.
MR. JOHNSON moved that the reports be accepted and placed on
file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Hawksley, Chairman of the Conservation Advisory Council
had requested to be on the Agenda to speak on "On Site Energy
Service", but since he was not present, the Board went on to
the next item on the Agenda.
MR. JOHNSON moved to table this matter until Mr. Hawksley
arrived at the meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
An application for a Peddler's License was received from
Joan Makely and the nature of business was to run a hot dog
truck.
MR. McCLUSKEY moved that the application for a Peddler's
License be referred to the Health and Safety Committee for
study.
Seconded by Mr. Johnson
Motion Unanimously Carried
Dr. Robert Ballard wrote to the Board expressing his interest
in becoming a member of the Town CATV Committee and asked that
the Board consider the matter; he had conveyed this. interest
to the Chairman of the Committee, Mr. Cortellino and he was
in accord with .Ulla '.appointment. Mr. Johnson had spoken to
Mr. Cortellino on this matter and he confirmed this fact.
MR. JOHNSON moved to appoint Dr. Robert Ballard as a member
of the Town of Wappinger CATV Committee.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Mr. Johnson asked that both Dr. Ballard and Mr. Cortellino
be notified of this appointment.
A presentation had been made back in October by representatives
of the Dutchess County Community Action Agency for financial
assistance for this Agency. It was explained at that time
that the organization provided assistance to those qualified
for fuel, transportation, food and other essential items and
some residents of the Town of Wappinger were included in this
assistance. A follow-up was received from this Agency asking
the Town to notify them if any financial assistance had been
provided in the:1982 budget. Mr. Diehl recommended that the
amount of $2,000.00 be contributed to this Agency and asked
the Board to consider action on this matter.
3
MRS. MILLS moved that the amount of $2,000.00 be contributed
to the Dutchess County Community Action Agency, Inc. and this
amount be expended from the Federal Revenue Sharing Funds.
Seconded by Mr. McCluskey
Motion Unanimously Carried
The following letter was received from Camo Pollution Control Inc.:
December 30, 1981
Mr. Louis Diehl, Supervisor
Town of Wappinger
P.O. Box 324
Wappingers Falls, N.Y. 12590
Re: Primary Tank at the Oakwood Knolls Sewage Treatment Plant
Dear Mr. Diehl:
As you are well aware, the primary tank #1 at the above facility
has been out of service for some time because of leaks in the tank.
The collection system within this tank consist of chain gears,
shafts, and flights that are deteriorating because of age,
weather, and the shut down of this primary tank. Because of
the high expense of this collection system, Camo Pollution
Control highly recommends that this system be removed from
the primary tank and be stored so that this system will be
in good working condition for future use. The estimated cost
to remove this sytem would not exceed $535.00.
We will be looking forward to your response on this matter.
If you have any questions regarding the above, please feel
free to contact our office.
Yours truly,
Camo Pollution Control, Inc.
s/ Larry Whitten
Since a meeting had already been set up for Thursday with
Camo Pollution Control and the Town Water and Sewer Committee,
Mrs. Mills commented that this item could be discussed at that
time.
MRS. MILLS moved that this matter be referred to the Water and
Sewer Committee and Mr. Lapar's letter of recommendation dated
January 8, 1982, be included in their review.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
17 Dorett Drive
Wappingers Falls, N.Y. 12590
December 22, 1981
Town of Wappingers Board
c/o Elaine Snowden
P.O. Box 324
Wappingers Falls, N.Y. 12590
Gentlemen:
We are hereby putting the Town on notice that a problem
exists in our home because of a problem with the operation
of the sewer plant in the Royal Ridge Development (Mid -Point
Sewer).
Whenever the pump at the sewer plant stops operating, the
sewer lines fill up and we are faced with sewer backup in
our house. When we discover the problem, we call Camo
Pollution and they come immediately and correct the situation.
This works fine when we are home, but I am afraid that dome -
time when we would be away we will come home to sewer in our
basement since there would be no one here to discover the
problem and call Camo.
At the Town Board Meeting on December 11, 1981, we discussed
having an audio and visual alarm installed on the sewer plant
to indicate that there is a malfunction at the plant thus
alering all the residents living around the plant that there
is a problem and someone could call Camo immediately before
sewer shows up in our house.
During the month of December we had to call Camo two times,
once on December 1 at 8:00 a.m. and then again on December
22, at 8:30 a.m.
We would appreciate some action to correct this situation.
Sincerely,
s/ Gary W. Schmitt
Dorothy L. Schmitt
Mrs. Mills had a report on this matter as it had been referred
to the Water and Sewer Committee at the last meeting and
although it was a Committee Report, the matter was brought
up at this time and she submitted the following information
received from Camo.
January 7, 1982
Mrs. Bernice Mills, Councilwoman
Town of Wappinger
P.O. Box 324
Wappingers Falls, New York 12590
As per your request, the following prices are for the installa-
tion of an alarm system at the Royal Ridge Treatment Plant.
1. Installation of Horn at wet well on pole $343.00
2. Installation of Light at wet well on pole 353.00
3. Installation of Light -Horn at wet well on pole 394.00
4. Installation of Horn on control building 543.00
5. Installation of Light on control building 553.00
6. Installation of Light -Horn on control building 592.00
The price increase for an alarm system at the control building
is due to the fact that an underground electric cable would have
to be installed between wet well and control building.
Mrs. Milts recommended that they approve the installation of
the Light -Horn alarm system on the control building since at
some times the light would be more effective in alerting the
residents but at other times the horn would be better; she
also felt it would be protected from vandalism if installed
on the control building.
MR. JOHNSON moved that Camo Pollution Control be authorized to
install the Light -Horn Alarm System at the Royal Ridge Treatment
Plant at an expenditure not to exceed $592.00 and that the
Schmitts_ be notified of this action.
Seconded by Mrs. Mills
Motion Unanimously Carried
MR. JOHNSON moved that the letter from Mr. & Mrs. Schmitt be
received and placed on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A recommendation was received from the Planning Board to amend
the Zoning Ordinance by giving that Board the authority to act
on Special Use Permit applications rather than the Zoning Board
of Appeals. It was noted by Mr. Johnson that at the time they
were working on the new zoning Ordinance, this authority had
been changed from the Planning Board to the Zoning Board of
Appeals and he felt this matter should be reviewed.
MR. JOHNSON moved that this recommendation from the Planning
Board be referred to the Ordinance Committee for their review
and recommendation.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Adams wrote to the Board concerning property that would-be
affected by Route 376 highway improvement and brought to their
attention that they may want to consider retaining a right-of-way
for sewer or water purposes for a future time. Mr. Lapar also wrote
to the Board recommending that they retain a right-of-way for the
same purposes and other utilities along Route 376.
6
The following resolution was offered by COUNCILWOMAN MILLS
who moved its adoption:
WHEREAS the State of New York is undertaking highway
improvements on Route 376 in the Town of Wappinger, and
WHEREAS as a result of such activity, there may exist
surplus land between lands of Stanley Kaminski and others
and the highway improvement, and
WHEREAS the Town of Wappinger desires that the State of
New York cause such property to be transferred subject to
reservation to the town a right-of-way or easement for water
and sewer improvements to adjacent property owners,
NOW, BE IT RESOLVED that the Town of Wappinger, subject
to a right-of-way and easement for public water and sewer
improvements, does renounce any further interest to any real
property which might otherwise revert to it or pass to it
as a result of highway improvements presently being undertaken
on Route 376 in the Town of Wappinger, and
BE IT FURTHER RESOLVED that the State of New York or the
Department of Transportation thereof be and is authorized to
undertake such acts as necessary to cause title to said lands
to vest, subject to a right-of-way or easement to the Town of
Wappinger for water and sewer improvements, in adjacent property
owners, and
BE IT FURTHER RESOLVED that the Supervisor of the Town of
Wappinger is empowered to execute any instruments necessary
to implement the provisions of this resolution.
Seconded by: Councilman McCluskey
Roll Call Vote: 5 Ayes 0 Nays
Michael Petrus, Hilltop Meter Reader, wrote to the Board
requesting a pay increase of twenty cents ($.20) per home
and asked that he be advised of the increase prior to the
next reading period. The present rate was $.55 per home.
MR. JOHNSON moved that the existing fee for the meter readers
be increased by $.10 per home.
Seconded by Mr. Diehl
Motion Unanimously Carried
Mr. Johnson requested that the meter readers be notified of
this increase.
Dr. Walter Heaney wrote to the Board requesting a zoning change
on a parcel of land owned by the New York Conference of the
United Church of Christ, Inc. located on the southeast corner
of the intersection of Myers Corners Road and All Angels Hill
Road; the request was for office research LA, presently zoned
R-20. Dr. Heaney was present and submitted a plot plan to
the Town Clerk for distribution to the Board Members.
Mr. Johnson recommended that this request be referred to the
Ordinance Committee, however, before it could go to public
hearing, he informed Dr. Heaney, a request would have to be
received for this rezoning by the owners of the property.
Mr. Versace objected to this referral stating that this would
not be the proper procedure to follow; an application or request
should first be received from the owner, not the potential
purchaser. Dr. Heaney then informed the Board that they would
have a letter before the end of the week for a zoning change
from the owner of the parcel.
Mr. Gunderud had forwarded to the Board the following individuals
who had been recommended by the Board of Fire Commissioners of
each respective district and approved by the Fire Prevention
Bureau to be Fire Inspectors in the Town of Wappinger and
approval was needed by the Town Board.
New Hackensack.
Chelsea
- Robert_ Bitzko
Thomas Cullen
James Driscoll
Thomas Gilmartin
Richard Jones
John McAnerny
George Budd
Stephen Porter
- Garth Gagnier
Yvonne Tompkins
Ben Mazer
James Tompkins
William Powles
MR. MCCLUSKEY moved to approve the above individuals as Fire
Inspectors in the Town of Wappinger, as recommended by the Board
of Fire Commissioners in the respective districts.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following letter :was received:
December 6, 1981
Honorable Board Members
Town of Wappinger
Wappingers Falls, N.Y. 12590
Re: Atlas Water Company purchase
Dear Board Members:
Please find enclosed offer of complete sale, as well as
alternative of method of purchase, which we of Atlas Water
Company consider a viable vehicle to best answer the needs
of the taxpayers and water customers of today, as well as
those pending, and offers in our opinion the best possible
hope for the future inhabitants also. It is with a spirit
of cooperation that this proposal is made.
If there are any questions please feel free to contact us.
Respectfully yours,
s/ Ronald Lafko
Terms of
Lafko on
1. Sell
OR 2. (a)
(b)
Power of Attorney for
Fred J. Lafko, Partner,
Atlas Water Company
sale agreed by Alexander, Ronald Lafko and Fred J.
January 4, 1982.
complete
$650,000
$150,000
interest
Water Company for $1,500,000 outright
for existing Mains and Customers payable
in Cash and $500,000 over 20 years @13%
on a Note Basis per N.Y.S. Law 341 of 1981
For Wellfield and land, Town to pay (1) $200,000
payable over 10 years @ 13% interest, plus
(2) Royalty payment of 10 per 1000 gallons for
15 years with minimum usage of 1,000,000 gallons
per day, payable quarterly.
(c) Prior to purchase of Wellfield and land, Town will
purchase water at wholesale rate of 25 per 1,000
gallons with minimum of 1,000,000 gallons per day
payable quarterly.
MRS. MILLS moved to receive the letter and place it on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
Before the vote was taken, Mr. Versace had questions on which
correspondence they were discussing since another letter had
been received by the Board under a later date. Mr. Lafko then
discussed a meeting attended by some members of the Board, Mr.
Lafko, his attorney and the Attorney to the Town at which time
the proposal outlined in the above letter was one of the
subjects mentioned. When Mr. Lafko petitioned the Board for
a work shop session to continue discussion on the proposal,
Mr. Diehl responded that when a report was received from the
attorneys on their investigation of matters discussed at that
meeting, the Board would then determine what course of action
they would take.
A Lease and Agreement with Dr. Hannigan for the Dog Shelter
which had been prepared by the Town Clerk in conjunction with
Dr. Hannigan was now placed before the Town Board for their
consideration.
MR. JOHNSON moved that the Agreement with Dr. Hannigan for
Dog Shelter Facilities for the Town of Wappinger be referred
to the Attorney to prepare for Contract.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A request was received from Josephine Henry at 94 Brothers
Road for a stop sign at Gold Road and Montfort Road.
MR. JOHNSON moved that this request be referred to the Health
and Safety Committee for review and recommendation.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Under Committee Reports, Mrs. Mills recommended that they
consider opening the landfill site at Castle Point on the
first Saturday of the months from April through October which
would enable the residents of the Town to dispose of items
which the carters would not collect.
MRS. MILLS moved that the Attorney contact the proper agency
of the federal government for authorization by them for the
Town to open the landfill site at Castle Point on the first
Saturday of the months of April through October for the con-
venience of Town residents wishing to dispose of items (ex-
cluding metal and tires) and further moved that the Town Clerk
send a letter to the Highway Superintendent requesting that
his department open on the same Saturdays to collect metal
items which would be picked up at a later date, if this was
agreeable to him, or other suggestions he might have for the
Board to consider.
Seconded by Mr. McCluskey
Motion Unanimously Carried
iQ
Mr. Johnson reported that the Ordinance Committee met with
Michael Cornell and a principal of the Pizzagalli Development
Company regarding a rezoning request of their 31.5 acre parcel
on Myers Corners Road to OR -10. At that meeting, the applicant
had submitted a map and description of what they planned for
that parcel; since they now had a plan in front of them, Mr.
Johnson asked that this matter be placed on the work shop
session for January for review by the full Board.
The following Ordinance was introduced by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED and ordained by the Town Board of the
Town of Wappinger, Dutchess County, New York, in pursuance
to the authority conferred by the laws of the State of New
York, as follows:
Section 1. The Town of Wappinger Zoning Map adopted
March 10, 1980, and as amended from time to time, is hereby
further amended by rezoning the following described parcel
of land from "R-20" (Residential) to Office Research - 10A
classification, said real property more particularly described
as follows:
BEGINNING at a point on the Northerly side of Myers Corners
Road, said point being the Southeasterly corner of lands of
now or formerly Reis, running thence along the Easterly line
of lands of said Reis and lands of now or formerly Canter
and Healey the following: North 77-35-40 West 89.00 feet
to a point; North 00-08-40 West 135.00 feet to a point;
North 14-09-20 East 171.29 feet to a point; North 22-18-20
East 556.54 feet to a point; thence North 71-09-40 West
377.00 feet to a point on the Northerly line of the herein
described property, thence along the Northerly, Easterly and
Southerly bounds of said property, the following; North 16-24-
10 East 24.79 feet to a point; North 23-19-30 East 237.28 feet
to a point; North 16-20-30 East 458.26 feet to a point; North
52-23-20 East 121.19 feet to a point; North 13-00-10 West 164.12
feet to a point; North 1-23-30 West 100.84 feet to a point;North
12-32-30 East 63.42 feet to a point; North 12-08-00 East 74.32
feet to a point; North 68-46-23 East 390.02 feet to a point;
South 24-39-10 East 128.03 feet to a point; South 76-04-00
East 99.59 feet to a point; North 50-51-50 East 338.54 South
20-17-20 East 870.55 feet to a point; South 43-54-40 West
545.47 feet to a point; South 44-06-20 West 472.29 feet to a
point; North 70-33-40 West 279.29 feet to a point; South 22-
18-20 West 607.27 feet to a point; South 14-09-20 West 161.46
feet to a point; South 00-08-40 East 88.63 feet to a point;
South 77-35-40 East 111.75 feet to a point on the Northerly
line of Myers Corners Road; thence along said Northerly line
of said Myers Corners Road, South 63-53-50 West 80 feet more
or less to the point or place of Beginning.
Containing 31.43 acres of land be the same more or less.
Present Owners: Michael D. Cornell & Ronald R. Drake
Tax Grid #:6258-03-278358
Deed recorded: Liber 1466 - Pg. 454
Bounded by the following parcels of real property as
identified by owners and tax grid numbers of the Assessor of
the Town of Wappinger:
1/
Frank A. & Celeste A. Ammelounx
Tax Grid Number: 6258-03-281220
Central Hudson Gas & Electric
Tax Grid Number: 6258-03-369392
Mary Baumler
Tax Grid Number: 6258-03-229190
Lea Etta Canter
Tax Grid Number: 6258-03-237249
Robert J. & Dawn K. Fitzpatrick
Tax Grid Number: 6258-03-236217
William B. & Barbara W. Gube
Tax Grid Number: 6258-03-262217
William E. Gindele
Tax Grid Number: 6258-03-264246
Gordon B. & Mary Humeston
Tax Grid Number: 6258-03-376432
Morton & Erika Levine
Tax Grid Number: 6258-03-240275
John E. & Henrietta E. MacDonald
Tax Grid Number: 6258-03-192310
Pizzagalli Development Co.
Tax Grid Number: 6258-03-350303
Jonah & Jean Sherman
Tax Grid Number: 6258-03-277279
W.V.C. Realty Corporation
Tax Grid Number: 6258-03-195370
Section II. This amendment shall become effective upon
adoption, posting and publication, as prescribed by Town Law.
The following Resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED that a Public Hearing be held by the
Town Board of the Town of Wappinger on February 3, 1982,
at 7:00 P.M. at the Town Hall, Mill Street, Wappingers
Falls, New York, on a proposed amendment to the zoning Map
of the Town of Wappinger, amending the zoning of a parcel
of property located on the Northerly side of Myers Corners
Road from "R-20" to "Office Research -10A".
Seconded by Mrs. Mills
Roll Call Vote: 5 Ayes 0 Nays
A discussion followed on the necessity of an Environmental
Impact Study prior to a public hearing; Mr. Adams suggested
that the applicant be requested to state which classification
he would fall under and state the reasons for determining
such classification. Mr. Johnson asked that the Attorney
write to Michael Cornell for this information.
At the last meeting a request to review no right turns on
red at two traffic light intersections had been referred to
the Health and Safety Committee and Mr. Versace reported
that he had visited these intersections ---Myers Corners
Road and All Angels Hill Road, and Middlebush Road and Old
Route 9. He recommended that the situation remain the same ---
no right turn on red for safety reasons since the visibility
at both intersections was not good and also the vicinity of
Myers Corners Road and All Angels Hill Road would be very
heavily traveled next year and he felt it would be safer to
observe the no right turn on red signs now posted.
Mr. McCluskey, Chairman of the Health and Safety Committee,
reported that he had made a study of these intersections
also, but could not go along with the recommendation made
by Mr. Versace, at least not completely. He realized there
were three major schools between these intersections, but saw
no reason why traffic would have to wait for the signal at all
hours. His recommendation was that a right turn be allowed on
red going east on Middlebush Road in a southerly direction on
Old Route 9, and going west on Myers Corners Road in a northerly
direction on All Angels Hill Road, except for the hours between
7 A.M. and 6 P.M. Mr. Diehl felt this would cause confusion
by allowing the turns at one corner of the intersection and
not the others and since no recommendation had been received
from either the Highway Superintendent or the School Department
of Transportation, he referred this matter back to the Health
and Safety Committee for comments from these departments.
Since the realignment of Route 376, four street lights had
not been moved to line up with the new road, and Mr. Versace
reported that he had received complaints from residents of this
situation and asked that the State be notified of the location
of the lights and asked that they move them Joel Place and
Rt. 376, Diddell Road and Rt. 376, Myers Corners Road and Rt. 376,
and DeGarmo Hills Road and Rt. 376.
MR. VERSACE moved that the New York State Department of Trans-
portation and Central Hudson be contacted and requested to
move the lights at the four intersections to line up with
the new section of Route 376.
Seconded by Mr. Johnson
Motion Unanimously Carried
A vacancy now existed on the Planning Board due to the fact
that George Brannen's term had expired and this matter was
put before the Town Board for their consideration. Mr. Johnson
noted that there were several people interested in this appoint-
ment and he recommended that no action be taken at this time.
MR. JOHNSON moved to table this appointment to the Planning
Board until the next regular meeting.
Seconded by Mrs. Mills
Motion Unanimously Carried
A work shop session had been held on the Gyomia Rezoning Request
on property owned by Lyndon Hickman , All Angels Hill Road and
Park Hill Drive and a request for this rezoning had been re-
ceived from Mr. Hickman; since this information was required
by the Board before setting a public hearing on this request,
Mr. Johnson recommended that the Board act on this matter.
The following Ordinance was introduced by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED and ordained by the Town Board of the
Town of Wappinger, Dutchess County, New York, in pursuance
to the authority conferred by the laws of the State of New
York, as follows:
Section I. The Town of Wappinger Zoning Map adopted
March 10, 1980, as amended from time to time, is hereby
further amended by rezoning the following described parcel
of land from "R-20" (Residential Zone) to NB (Neighborhood
Business), said tract of land being on the West side of All
Angels Hill Road, and more particularly described as follows:
Tax Maps ##19-6357-03-190015 - Lyndon C. Hickman
#19-6357-03-185004
Deeds Recorded Liber 1232 Pg. 298
Liber 1305 Pg. 769
Bounded on the North by Park Hill Drive: East by All
Angels Hill Road: West by Forth-Sixtyfive Club: South
by Texland Properties Corporation and John & Susan Nardelli
Section II. This amendment shall become effective upon
adoption, posting and publication, as prescribed by Town Law.
The following Resolution was offered by COUNCILMAN JOHNSON
who moved its adoption:
BE IT RESOLVED that a Public Hearing be held by the
Town Board of the Town of Wappinger on February 3, 1982
at 6:45 P.M. at the Town Hall, Mill Street, Wappingers
Falls, New York, on a proposed amendment to the Zoning Map
of the Town of Wappinger, amending the zoning of a parcel
of property located on the West side of All Angels Hill Road
from "R-20" to NB (Neighborhood Business).
Seconded by: Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
A proposed revision of the Highway Specifications had been
forwarded to the Town Board by the Attorney for their consid-
eration; however, this revision had not been discussed by the
Board at this time, and Mr. Diehl recommended that it be
referred to the Highway Committee.
MR. JOHNSON moved that the amendment to the Highway Specifica-
tions be referred to the Highway Committee for review and
recommendation to the Town Board.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A Public Hearing, having been held by the Town Board on the
6th of January 1982 on the Fieldstone Farm Conservation Park
District, the matter was now placed before them for their
consideration.
The attorney informed the Board that there were some items
that had not been completed by Mr. Klein and he had not had
a chance to review the Letter of Credit that had been received
by his office. Mr. Johnson suggested that Mr. Adams list the
outstanding items needed for the approval of this district
and forward same to Mr. Klein with a copy to the Board so they
also have this information.
MR. JOHNSON moved that this matter be tabled until the next
regular Town Board meeting.
Seconded by Mr. McCluskey
Motion Unanimously Carried
6
An offer had been received from the New York State Department
of Transportation for acquisition of property owned by the Town
off of Route 9D; information was forthcoming from both the
Attorney and the Assessor on this matter and therefore, no
action could be taken by the Board at this time.
MR. MCCLUSKEY moved to table this matter until the necessary
information was received.
Seconded by Mr. Johnson
Motion Unanimously Carried
Under Unfinished Business, correspondence had been received
from the Attorney, the Dutchess County Department of Health
and Mr. Diehl regarding the problems brought forth at the
last meeting which had been occurring at the Cabrini Home
on DeGarmo Hills Road. Mr. Adams was waiting for a response
to his letter to the principals of the Cabrini Home requesting
that a meeting be set up with the Town Board; Mr. Diehl, there-
fore, recommended that this matter be placed on the February
Agenda.
At the November meeting, Mr. Lapar had written to the Board
expressing concern over the possibility of frozen water
laterals due to a drainage ditch put in by the County between
Spook Hill Road and McFarland Road; the Board had directed that
a letter be sent to the Commission of Public Works informing
him that if this freezing occurred, it would be the County's
responsibility; a response had been received from Mr. Richard
Steller, Deputy Commissioner of Public Works, outlining the
requirements for installing these house laterals with a sketch
enclosed showing how the laterals should be installed and
stating his belief that the County bore no responsibility in
this matter. The Board then asked Mr. Lapar for a response to
them on Mr. Steller's letter which was received and discussed
by the Board. His concerns were still there and he contended
that all installations were properly made and his belief that
the County should be responsible still remained the same.
Lo
MR. JOHNSON moved that a letter be directed to the County
informing them that the Town of Wappinger still feels that
they are responsible if any damage occurs with the water
laterals due to the County Drainage Ditch on Old Hopewell
Road.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A memo had been received from the Comptroller at the December
meeting regarding the Town supplying equipment to various
organizations; he had been questioned on the legality of this
practice and felt that direction should come from the Board
as to seeking legal advice. This had been referred back to
the Comptroller for more specific information and a second memo
was received stating that the organizations referred to in his
previous memo to the Board dated November 17, 1981 were and are
Pop Warner Football, Hockey and Little League Baseball.
MRS. MILLS moved that this matter be referred to the Attorney
for a legal opinion and clarification.
Seconded by Mr. McCluskey
Motion Unanimously Carried
A late correspondence was received from Vivian DiPompei, 4
Phyllis Drive, notifying the Board that the rusty water at the
Oakwood Knolls Water Plant had ruined two sweaters.
MRS. MILLS moved that this letter be referred to Marshall &
Sterling Inc. insurance agents for the Town.
Seconded by Mr. Johnson
Motion Unanimously Carried
Another late communication was received from Mr. Adams regarding
dismissal of Mr. Lafko's Article 78 against Klein -Alexander.
MR. JOHNSON moved that this communication be received and placed
on file.
Seconded by Mr. McCluskey
Motion Unanimously Carried
Diane Becker of 16 Beatty Road in the Town of Wappinger, was
recognized by the Chair and asked the Board the status of her
request from last month for the consideration by them of a
Town Burning Ordinance. Mr. Johnson informed Mrs. Becker that
the Ordinance Committee had not as yet addressed this matter,
but they were planning a meeting the following Monday to dis-
cuss some of the items that have been referred to them. It
would involve some research before they discussed this item,
he continued, and when they were ready they would contact her
for any further input she might want to add to her original
request.
Mr. Incoronato was then recognized by the Chair and asked
how much money the Town had expended on the Mancini property
and what steps have been taken to recoup this money. Mr.
Diehl reviewed the amounts spent by the Town and monies
received from the Village of Wappingers Falls and the Town
of Poughkeepsie plus $10,000.00 from the County, and came up
with an approximate amount of $3,000.00 spent by the Town of
Wappinger on their patrol. A discussion followed on the matter
and Mr. Adams pointed out that there was a suit pending but the
purpose was not for the refund of monies expended but rather
for the removal of the chemicals. Once this was accomplished
and they determined the total amount spent, they could then
taking action to recoup the expenditure. Mr. Incoronato.
blamed the Town for allowing these chemicals to be put on
the property and was informed it was the State of New York
that was responsible for the action and still are for allowing
the chemicals to remain there. The Town did and still are doing
everything possible for the safety of the residents, which Mr.
Johnson pointed out was their prime concern.
Ron Lafko, being recognized by the Chair, asked what the State
was doing to protect the citizens. Mike,Hirkala asked if the
State was performing any inspection to determine if there were
leaks in the drums and then asked what the state legislators
were doing about the situation. The answers to these questions
were the same nothing.
Mr. McCluskey noted that at the last meeting, the Board had
appointed one Dog Control Officer and since it appeared that
this Officer was swamped with work, he suggested that a deputy
be appointed to assist him temporarily. The Town was considering
appointing a full time Officer and Mrs. Mills did not feel they
should appoint a part time assistant at this time. The Town
Clerk would be aware if there were a problem and she could
alert the Committee and at that time they could appoint another
person to help. Mr. McCluskey persisted that the Dog Control
Officer needed help now.
MR. MCCLUSKEY moved to appoint George Wells as temporary assistant
to the Dog Control Officer.
Seconded by Mr. Versace
Roll Call Vote: 4 Ayes Mrs. Mills ---Nay
Mr. Adams had been requested to check the escrow account of
Fairview Enterprises for completion of work on Nancyaleen
Drive, and Mr. Versace asked if he had completed this research.
Although Mr. Adams did not have confirmation in writing, the
attorney for the developer told him verbally that he had a fixed
price on a contract for completion of the road in the spring of
$13,000.00 and Mr. Adams knew the escrow account was in the
amount of $16,000.00 plus the performance bond. No monies had
been released and the contract would be reviewed by him prior
to any monies being received by.the contractor.
Mr. Versace then asked if the principals of Carmel Heights
were notified to be present at the January work shop and Mr.
Diehl replied that this had been discussed at the December
meeting, but he had not, as yet, notified them of the time and
date of the workshop. The subject of this discussion would be
the reason for the incompleted work in the subdivision.
There was no other business to come before the Board.
MRS. MILLS moved to adjourn the meeting, seconded by Mr.
Johnson and unanimously carried.
The Meeting adjourned at 9:36 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 1/11/82