Loading...
1980-08-25 SPMrcc, ApIJ A Special Meeting of the Town Board of the Town of Wappinger was held on August 25, 1980, at Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York. Supervisor Diehl opened the meeting at 2:05 P.M. i Present: Louis Diehl, Supervisor Nicholas Johnson, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Absent: Bernice Mills, Councilwoman Janet Reilly, Councilwoman Others Present: Jon Holden Adams, Attorney Hans Gunderud, Building Inspector/Zoning Administrator * * Mrs. Reilly was absent at Roll Call, but arrived at the meeting at 2:35 P.M. Notice of said meeting was sent to all Board Members on August 22, 1980, setting the meeting for August 25,. 1980 at 2:00 P.M. for the purpose of discussion on the Chelsea Ridge Mall, and any other business that may come before the Board. The three newspapers and four radio stations were notified and notice was posted on the Town Clerk's Bulletin Board. Mr. Diehl introduced Mr. Lennon, Attorney representing Chelsea Ridge Associates and their Architect, Dennis Jurow. He then explained that this meeting was called in order to discuss the problems that the Building Inspector has had in the past four weeks with the principals of Chelsea Ridge Associates. Several meetings had been held in an attempt to resolve these problems and Mr. Diehl had become very involved in this matter, not only with meetings, but with confidential communications and telephone calls. At this time he preferred to turn the meeting over to the Deputy Supervisor, Mr. Johnson. Mr. Adams then brought the Board and others present up to date on the history of this matter; at the last Board meeting the Building Inspector had been instructed to issue an injunction against Chelsea Ridge Associates with the assistance of the Attorney. He was now ready to proceed with this action; however, Mr. Lennon had asked for 21 reconsideration of this action and that is what they would discuss tonight. Mr. Versace voiced his opinion that he felt the action should be taken, he felt they had had time enough to remedy the violations and that the Town had been patient with them up to now. Mr. Lennon spoke on his client's behalf and went over the events and the fact that they had shown the effort to comply. He felt that they had come to a satisfactory point with the Building Inspector. There was a problem with the downstream drainage fees and he had discussed this with Mr. Adams and there was a difference of opinion on that subject, however, this was something that could be resolved between them; it should not be an impediment to the issuance of a cp. It was a surprise to him when he heard that the Board had taken this action. There were other violations that would hold back the issuance of a building permit and Mr. Versace could not be convinced, at this point, that the injunction should not be served on them. Mr. Johnson asked that the Building Inspector compile a list of items that needed to be remedied and compare this with Mr. Lennon's list so that all parties knew what actual work that he did differences the purpose needed to be corrected. Mr. Diehl emphasized the fact not want to go to court, he wanted to work these out to the satisfaction of all. This, he thought was of this meeting. Mr. Jurow, the Architect for Chelsea Ridge Associates interjected his thoughts that they had gone over a list of items with the Building Inspector and with the exception of a few items, they have been completed. The ones remaining to be completed should reach that point by the end of the week. When you go to court, nobody wins ---he wanted to continue the work as they were going, since men were working and contracts were let out; he, too wanted to resolve the matter without court proceedings. Mr. Versace asked for a five minute recess. The Board recessed at 2:37 P.M. The meeting resumed at 2:50 P.M. and four Board Members were present. Mr. Adams had a list of conditions to be met by the Chelsea Ridge Associates for the consideration of the Board before any further proposals were discussed- - . submission of plans that were required for building permit procedures, 2. All fees must be paid prior to the issuance of a building permit, 3. All work would have to cease immediately until all submissions and payments were made, 4. The Building Inspector would have to review the sub- missions to ascertain conformance to state codes and any other applicable codes, 5. It must be without prejudice to the Building Inspector to enforce any violations of state or town ordinances that exists by reason of construction ( if they had deviated from time the original plans submitted, the applicant would have to take the proper steps required by the applicable agencies in the town to conform these plans) 6. The developer would obtain no vested rights until the date that the Building Inspector approves the plan by stating that the plan conforms with all applicable rules and regulations he is required to enforce. Mr. Silver, a principal of the company, agreed to these conditions, but when being informed that the work must cease immediately, both he and Mr. Jurow requested that they be allowed to continue through the week with the condition that they work only on the correction of the violations ---not new work. This was Monday and all work had been planned, workers expected pay for the week and they would cease work on Friday. Mr. Silver was informed by the Board that the Building Inspector would visit ft.site to determine if they were abiding by these conditions and he assured the Board that the Town Official would be welcome. Mr. Gunderud wanted the Board to be aware that although all items had been listed previously, there could be other items that are in violation, there still are others that might be unknown. Mr. Lennon then reviewed the conditions presented by Mr. Adams so that there was no doubt on the part of either side what their meaning 10 was and that they would be met by the developers. Mr. Gunderud also thought they should know that in order to issue a building permit, many approvals were needed and this could take a few months. One item which could take time would be the submission of an amended site plan, since they had deviated from the original plan submitted, to the Planning Board. Mr. Lennon then presented a site plan to the Board showing the deviation and it was pointed out to them that this 23 was strictly a Planning Board function. If it was a perhaps it would not need another approval, however, was significant, it would have to be a building permit was issued. minute change, if the change reviewed and approved before MR. DIEHL moved that the Town Board respectfully requestthat the Planning Board meet within ten days to review the amended site plan as submitted by Chelsea Ridge Associates for the Chelsea Ridge Mall. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays MR. JOHNSON moved that the proposal for the permit for the Chelsea Ridge Mall, with the by the Attorney to the Town, Mr. Adams, and for Chelsea Ridge Associates, Mr. compliance to these conditions be issuance of the building 6 conditions as outlined reaffirmed by the Attorney Lennon be adopted and further that accomplished as soon as possible, and all work cease on the project by September Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays 1, 1980. Mr. Diehl then asked Mr. Gunderud to invite all principals and agencies involved in this matter to attend the Planning Board meeting once the date has been determined. Mr. Lennon thanked the Board, on behalf of the principals of Chelsea Ridge Associates for the time and effort that had been put forth at this meeting. The following memo was received from Mr. Cuatt: Memo To: From: Date: Subjeet: Supervisor and Town Board Members Hank Cuatt August 25, 1980 Band shell expenditure There has been some question about expending funds for the construction of the band shell at the Schlathaus property. The recreation budget has sufficient funds under line item 7110.4 to pay for the construction and it was the obvious intent of a majority of the board, to expend funds for the construction project. I am requesting therefore that the board simply authorize the expenditure of funds to pay for the construction of the band shell. No transfer is necessary, just authorization to pay for the construction in the amount of $3,000.00 from account #A7110.4 An opinion had been received from the Attorney, upon request of the Comptroller, that the Recreation Commission was empowered to spend money only in accordance with the approved budget, and any expenditures inconsistent with the line items on the budget, must be approved by the Town Board. In this case, the money was in the budget, but the item had not been so specified. MR. DIEHL moved that the amount of $3,000.00 be expended for the band shell from Account #A7110.4 of the Recreation Commission budget, as recommended by the Comptroller. Seconded by Mrs. Reilly Roll Call Vote: 4 Ayes 0 Nays A notice had been received from Louis J. Morse, Commissioner of Dutchess County Personnel informing the Board that Hans Gunderud was eligible for a provisional appointment by the Town as Building Inspector III and Zoning Administrator for a nine month period. MR. VERSACE moved that Mr. Hans Gunderud be provisionally appointed as Building Inspector III and Zoning Administrator of the Town of Wappinger for a nine month period, and that Mr. Morse, Commissioner of Dutchess County Personnel be requested to set up a test for this classification within the time limit of this appointment. Seconded by Mr. Diehl Roll Call Vote: 4 Ayes 0 Nays There was no other business to come before the Board. MR. DIEHL moved to close the Special Meeting, seconded by Mrs. Reilly and carried. The Meeting closed at 3:50 P.M. Spl. Mtg. 8/25/80 tee. �� CM co �t tAwc�-cam.. Elaine H. Snowden Town Clerk