1979-05-14 RGM1081
AGENDA.
TOWN BOARD
TOWN OF WAPPINGER
MAY 14, 1979
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. ACCEPT MINUTES Reg. April 9, 1979
4. REPORTS OF OFFICERS
Town Justices Bldg. & Zoning Receiver of Taxes H. Supt.
Hydrant Report Audit of Accounts for 1978
5. RESOLUTIONS
a. Local Law -Parking on Marlorville Rd.
b. Junk Yard Ordinance Regulating Hours of Operation
c. M. Ryan: Transfer for inspection & repairing voting machines
d. Introduce & set Public Hearing for Local Law on Flood Damage
Prevention
e. R. E. Lapar re: approval ofyVilson Voucher for Oakwood Knolls
Cleanout Contract
f. E. Hawksley request transfer into personal services for Sect.
g. Wm Crane re: Tax Certiorari of Land Properties
h. Wm Crane re: Tax Certiorari of Wapp. Apts. Co. & Wapp. Apts.Corp.
i. G. Kriesberg, Blooming Grove Assc., request return of Rd. Opening
Bond.
j. M. Ryan re: Authorize Supervisor to sign lease for second
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6. PETITIONS & COMMUNICATIONS
a. Barbara Ambrose request to become tenant to RFSD
b. Arlene Seward re: Watch Hill Water District
—Way a Hol ton re_t_T/W--LI,ELlGoat hard �x•�+ F�nr�
d. John MacDonald re: drainage problem
e. Marsha Leeds request permission to become Tenant to Wildwood SD
f. M. Ryan re: guidelines for the reading, repair & removal of
water meters added to "Rules & Regulations -Sewer & Water Hookups"
g. Margaret Pearson complaint regarding Water & Sewer Tax
h. Mary Wood re: paying 0 & M on Water & Sewer on vacant house
-i. Mr. & Mrs. Raymond Goertz request extension of Water main to
serve them.
j. Ronald B. Newsome request reimbursement for plumbers bill
k. Wm. Horton re: Street Signs
1. Planning Bd. re: clarification on Cranberry Hills Drainage fees
m. V. Fanuele, Ch. Planning Bd., re: Compensation for Ping. Bd. Members
n. Notice of Public Hearings - Town of Poughkeepsie
o. Hudson River Psychiatric Center request for financial support
for "Music & Activities for Special Persons" day.
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7. REPORTS OF COMMITTEES
Clean-up Days
8. UNFINISHED BUSINESS
A. Gregory Sarno re: Dana Place Drainage Problem Solution
B. R. E. Lapar re:Thornacres Drainage Problem
C. E. Hawksley re: Cost to Cover Mao in Town Hall
D. E. Hawksley re: SEQRA
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Agenda
May 14, 1979
Pg. 2
8. UNFINISHED BUSINESS - Continued
E. Attorneys review of Adams & Puretz Claim
F. Elswick Claim - response from Camo
G. Wallace Claim - response from Camo
H. R. E. Lapar re: re -alignment of Widmer R.
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9. NEW BUSINESS
10. ADJOURNMENT
.(.70 (42tArki af Coairor Itii Coal reqd 0 PL.?' E1.44:4
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on May 14, 1979, at Town Hall, Mill Street, Village of
Wappingers Falls, New York.
Supervisor Diehl opened the meeting at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Leif Jensen, Councilman
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Others Present:
Jon Holden Adams, Attorney
William Horton, Highway Superintendent
The Minutes of the Regular Meeting of April 9, 1979, having been
previously sent to the Town Board, were now placed before them
for their consideration.
MR. JENSEN moved that the Minutes of the Regular Meeting of April
9, 1979, be and they are hereby approved as submitted by the Town
Clerk.
Seconded by Mrs. Reilly
Motion Unanimously Carried
Reports for the month of April were received from the Town Justices,
Building Inspector and Zoning Administrator, Receiver of Taxes, High-
way Superintendent's Hydrant;_ Report and the Audit of Accounts for
1978.
MR. JOHNSON moved that the reports for the month of April from the
Town Justices, Building Uspector, Zoning Administrator, Receiver
of Taxes, Highway Superintendent's Hydrant Report and the Audit
Of Accounts for 1978 be accepted and placed on file.
Seconded by Mrs. Mills
Motion Unanimously, Carried
A Public Hearing having been held by the Town Board on April 23,
1979 on a Local Law Limiting Parking of Vehicles on Certain Streets
in the Town of Wappinger, the matter was now placed before them for
their consideration.
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MR. JENSEN moved to adopt Local Law #3, 1979 as follows:
BE IT ENACTED by the Town Board of the Town of Wappinger
as follows:
SECTION I: No vehicle shall park and no person shall cause
a vehicle to park on the following street of the Town:
Beginning at the intersection of Route 9D and
Marlorville Road and proceeding westerly along
both sides of said Marlorville Road for a distance
of 200 feet +.
SECTION II: Anyone who shall violate any provision of this
local law shall upon conviction, be subject to a fine not to
exceed Twenty -Five ($25.00) Dollars, as determined by the Court.
SECTION III: This local law shall take effect immediately
following filing with the Secretary of State.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
A Public Hearing having been held by the Town Board on April 23,
1979 on an Ordinance Limiting Hours of Operation of Junkyards,
the matter was now placed before them for their consdieration.
The following Ordinance was offered by SUPERVISOR DIEHL who moved
its adoption:
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section 1. Definitions. For the purpose of this section,
a "junkyard" shall have the same definition and meaning as that
set forth in the General Municipal Law Section 136, Subdivision 2.
Section 2. The hours of operation of any junkyard within the
Town of Wappinger shall be limited to those hours commencing at
7 a.m. in the morning and ending at 7 p.m. in the evening.
Section 3. Penalties and Violations. Violators of any
portion of this ordinance shall be guilty of an offense punishable
by a fine for the first offense not exceeding $50.00, for the second
offense, not exceeding $100.00 and for the third offense, not exceed-
ing $250.00. In addition thereto, the Town Board, in its discretion,
after due notice and opportunity for a hearing, may terminate any
license previously issued to any junkyard found guilty of three
offenses within eighteen months.
Section 4. Effective Date. This ordinance shall become
effective upon filing, posting and publication as prescribed by
Article 9 of the Town Law.
Seconded by Mr. Jensen
Roll Call Vote:
Councilman Jensen Aye
Councilman Johnson Nay
Councilwoman Mills Aye
Councilwoman Reilly Aye
Supervisor Diehl Aye
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1085
A request was received from Mr. Ryan for the transfer of $1,124.60
from CF1450.2 to CF1450.4 to cover cost of repair for ten voting
machines.
MR. JOHNSON moved to approve the transfer of $1,124.60 from CF1450.2
to CF1450.4 , as requested by the Comptroller.
Seconded by Mrs. Mills
Motion Unanimously Carried
The following Local Law was introduced by COUNCILMAN JENSEN:
LOCAL LAW NO. OF THE TOWN OF WAPPINGER
FLOOD DAMAGE PREVENTION LOCAL LAW
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
1.1 STATUTORY AUTHORIZATION
The Legislature of the State of New York has delegated the
responsibility to local governmental units to adopt regulations
designed to promote the public health, safety, and general wel-
fare of its citizenry.
1.2 FINDINGS OF FACT
(1) The flood hazard areas of the Town of Wappinger are
subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general
welfare.
(2) These flood losses are caused by the cumulative effect
of obstructions in areas of special flood hazards which increase
flood heights and velocities, and when inadequately anchored,
damage uses in other areas. Uses that are inadequately flood -
proofed, elevated or otherwise protected from flood damage also
contribute to the flood loss.
1.3 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public
healch, safety, and general welfare, and to minimize public and
privatze losses due to flood conditions in specific areas by
jj
provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly
flood control projects;
(3) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the
second use and development of areas of special flood hazard so
as to minimize future flood blight areas;
(7) To insure that potential buyers are notified that
property is in an area of special flood hazard; and,
(8) To ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
1.4 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes this local law includes
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected against flood
damage at the time of initial contruction;
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(3) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other Bevel-
.
opment which may increase flood damage; and
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which may
increase flood hazards in other areas.
2.0 DEFINITIONS
Unless specifically defined below, words or phrases used
in this local law shall be interpreted so as to give them the
meaning they have in common usage and to give this local law
its most reasonable application.
"Appeal" means a request for a review of the building
inspector's interpretation of any provision of this local law
or a request for a variance.
"Area of shallow flooding" means a designated AO Zone on
the Flood Insurance Rate Map (FIRM). The base flood depths range
from one to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and indeterminate;
and, velocity flow may be evident.
"Area of special flood hazard" means the land in the flood
plain within a community subject to a one percent or greater
chance of flooding in any given year.
"Base flood" means the flood having a one percent chance
of being equalled or exceeded in any given year.
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"Development" means any man-made change to improved or
unimproved real estate, including but not limited to buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations located within the area of
special flood hazard.
"Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the construc-
tion of facilities for servicing the lot on which the mobile
home is to be affixed (including, at a minimum, the installation
of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets) is completed before the
effective date of this ordinance.
"Expansion to an existing mobile home park or mobile home
subdivision" means the preparation of additional sites by the
construction of facilities for servicing the lots on which the
mobile homes are to be affixed (including the installation of
utilities, either final site grading or pouring of concrete or
the construction of streets).
"Flood" or "flooding" means a general and temporary condition
of partial or complete inundation of normally dry land areas
from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation or runoff of surface
waters from any source.
"Flood Insurance Rate Map" (FIRM) means the official map
on which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium
zones applicable to the community.
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"Flood Insurance Study" means the official report provided
in which the Federal Insurance Administration has provided
flood profiles, as well as the Flood Boundary-Floodway Map
and the water surface elevation of the base flood.
"Floodway" means the channel of a river or other water-
course and the adjacent land areas that must be reserved in order
to discharge the base flood without cumulatively increasing
the water surface elevation more than ore(t) foot.
"Habitable floor" means any floor usable for living purposes,
which includes working, sleeping, eating, cooking or recreation,
or a combination thereof. A floor used only for storage purposes
is not a "habitable floor."
"Mobile home" means a structure that is transportable in one
or more sections, built on a permanent chassis, and designed
to be used with or without a permanent foundation when connected
to the required utilities. It does not include recreational
vehicles or travel trailers.
"New construction" means structures for which the "start of
construction" commenced on or after the effective date of this
local law.
"New mobile home park or mobile home subdivision" means a
parcel (or contiguous parcels) of land divided into two or more
mobile home lots for rent or sale for which the construction of
facilities for servicing the lot (including, at a minimum, the
installation of utilities, either final site grading or the
pouring of concrete pads, and the construction of streets) is
completed on or after the effective date of this local law.
"Start of construction" means the first placement of perma-
090
nent construction of a structure (other than a mobile home) on
a site, such as the pouring of slabs or footings or any work
beyond the stage of excavation. Permanent construction does
not include land preparation, such as clearing, grading, and
filling, nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
Such as garages or sheds not occupied as dwelling units or not
as part of the main structure. For a structure (other than a
mobile home) without a basement or poured footings, the "start
of construction" includes the first permanent framing or assembly
of the structure of any part thereof on its piling or foundation.
For mobile homes not within a mobile home park or mobile home
subdivision, "start of construction" means the affixing of the
mobile home to its permanent site. For mobile homes within
mobile home parks or mobile home subdivisions, "start of
construction" is the date on which the construction of facilities
for servicing the site on which the mobile home is to be affixed
(including, at a minimum, the construction of streets, either
final site grading or the pouring of concrete pads, and instal-
lation of utilities) is completed.
"Structure" means a walled and roofed building, a mobile
home, or a gas or liquid storage tank, that is principally
above ground.
"Substantial improvement" means any repair, reconstruction,
or improvement of a structure, the cost of which equals or exceeds
50 percent of the market value of the structure either:
10941
(1) before the improvement or repair is started, or
(2) if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall,
ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions
of the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to comply
with existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living
conditions, or
(2) any alteration of a structure listed on the National
Register of Historic Places or a State or County Inventory
of Historic Places.
"Variance" means a grant of relief from the requirements
of this local law which permits construction in a manner that
would otherwise be prohibited by this local law.
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood
hazards within the jurisdiction of the Town of Wappinger.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard indentified by the
Federal Insurance Administration in a scientific and engineering
report entitled "The Flood Insurance Study for the Town of
Wappinger," dated is ecem4Jel- tS,i47g , with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps is
I, 119 2
hereby adopted by reference and declared to be a part of this
local law. The Flood Insurance Study is on file at the office
of the Town Clerk, Mill Street, Wappingers Falls, New York.
3.3 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the
terms of this local law and other applicable regulations. Viola-
tion of the provisions of this local law by failure to comply
with any of its requirements (including violations of conditions
and safeguards established in connection with conditions) shall
constitute a offense. Any person who violates this local law
or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than Two Hundred Fifty
($250.00) Dollars or imprisoned for not more than fifteen (15)
days, or both, for each violation, and in addition shall pay
all costs and expenses involved in the case. Nothing herein
contained shall prevent the Town of Wappinger from taking such
other lawful action as is necessary to prevent or remedy any
violation.
3.4 ABROGATION AND GREATER RESTRICTIONS
This local law is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions.
However, where this local law and other ordinance, easement,
covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
3.5 INTERPRETATION
In the interpretation and application of this local law,
all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body;
and,
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(3) Deemed neither to limit nor repeal any other powers
granted under State statutes.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law
is considered reasonable for regulatory purposes and is based on
scientific and engineering considerations. Larger floods can and
will occur on rare occasions. Flood heights may be increased
by man-made or natural causes. This local law does not imply
that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This local law shall not create liability on the part
of the Town of Wappinger, any officer or employee thereof
or the Federal Insurance Administration, for any flood damages
that result from reliance on this local law or any administrative
decision lawfully made thereunder.
4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before construction
or development begins within any area of special flood hazard
established in Section 3.2. Application for a Development
Permit shall be made on forms furnished by the building inspector
and may include, but not be limited to; plans in duplicate
drawn to scale showing the nature, location, dimensions, and
elevations of the area in question; existing or proposed structures
fill, storage of materials, drainage facilities; and the location
of the foregoing.
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Specifically, the following information is required:
(1) Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
(2) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(3) Certification by a registered professional engineer
or architect that the floodproofing methods for any nonresidential
structure meet the floodproofing criteria in Section 5.2-2; and,
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed development.
4.2 DESIGNATION OF THE BUILDING INSPECTOR
The building inspector is hereby appointed to administer
and implement this local law by granting or denying development
permit applications in accordance with its provisions.
4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR
Duties of the building inspector shall include, but not
be limited to:
(1) Review all development permits to determine that the
permit requirements of this ordinance have been satisfied.
(2) Review all development permits to determine that all
necessary permits have been obtained from those Federal, State or
local governmental agencies from which prior approval is required.
(3) Review all development permits to determine if the
proposed development is located in the floodway. If located in
the floodway, assure that the encroachment provisions of Section
5.3(1) are met.
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1095
4.3-2 USE OF OTHER FLOOD DATA
When base flood elevation data has not been provided in
accordance with Section 3.2, BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD, the building inspector shall obtain,
review, and reasonably utilize any base flood elevation data
available from a Federal, State or other source, in order to
administer Sections 5.2-1, SPECIFIC STANDARDS, Residential
Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential
Construction.
4.3-3 INFORMATION TO BE OBTAINED AND MAINTAINED
(1) Obtain and record the actual elevation (in relation
to mean sea level) of the lowest habitable floor (including
basement) of all new or substantially improved structures,
and whether or not the structure contains a basement.
(2) For all new substantially improved floodproofed
structures:
(i) verify and record the actual elevation (in relation
to mean sea level); and
(ii) maintain the floodproofing certifications required
in Section 4.1(3).
(3) Maintain for public inspection all records pertaining
to the provisions of this local law.
4.3-4 ALTERATION OF WATERCOURSES
%we (1) Notify adjacent communities and the State coordinating
agency prior to any alteration or relocation of a watercourse,
and submit evidence of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within the altered
or relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
4.3-5 INTERPRETATION OF FIRM BOUNDARIES
Make interpretations where needed, as to the exact location
of the boundaries of the areas of special flood hazards (for
example, where there appears to be a conflict between a mapped
boundary and actual field conditions). The person contesting
the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in Section
4.4.
4.4 VARIANCE PROCEDURE
4.4-1 APPEAL BOARD
(1) The Zoning Board of Appeals as established by the
Town of Wappinger shall hear and decide appeals and requests for
variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals
when it is alleged there is an error in any requirement, decision,
or determination made by the building inspector, the enforcement
or administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of
Appeals, or any taxpayer, may appeal such decision to the Supreme
Court, as provided in Town Law §264.
(4) In passing upon such applications, the Zoning Board of
Appeals shall consider all technical evaluations, all relevant
factors, standards specified in other sections of this ordinance,
and:
(i) the danger that materials may be swept onto other
109 'e
lands to the injury of others;
(ii) the danger to life and property due to flooding
or erosion damage;
(iii) the susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage on
the individual owner;
(iv) the importance of the services provided by the
proposed facility to the community;
(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the compatibility of the proposed use with existing
and anticipated development;
(vii) the availability of alternative locations for the
proposed use which are not subject to flooding or erosion damage;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program of that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters and the effects
of wave action, if applicable, expected at the site; and
(xi) the costs of providing governmental services during
and after flood conditions, including maintenance and repair of
public utilities and facilities such as sewer, gas, electrical,
and water systems, and streets and bridges.
(5) Upon consideration of the factors of Section 4.4-1(4)
and the purposes of this local law, the Zoning Board of Appeals
may attach such conditions to the granting of variances as it
1098
deems necessary to further the purposes of this local law.
(6) The building inspector shall maintain the records of
all appeal actions, including technical information, and report
any variances to the Federal Insurance Administration upon request.
4.4-2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level,
providing items (i -xi) in Section 4.4-1(14) have been fully
considered. As the lot size increases beyond the one-half acre,
the technical justification required for issuing the variance
increases.
(2) Variances may be issued for the reconstruction, rehabi-
litation or restoration of structures listed on the National
Register of Historic Places or the State Inventory of Historic
Places, without regard to the procedures set forth in the
remainder of this section.
(3) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base flood
discharge would result.
(4) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
(5) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant; and
10
(iii) a determination that the granting of a variance
will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public as identified
in Section 4.4-1(4), or conflict with existing local laws or
ordinances.
(6) Any applicant to whom a variance is granted shall be
given written notice that the structure will be permitted to be
built with a lowest floor elevation below the base flood elevation
and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
Section 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards
are required:
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall
be anchored to prevent flotation, collapse, or lateral movement
of the structure.
(2) All mobile homes shall be anchored to resist flotation,
collapse, or lateral movement by providing over -the -top and
frame ties to grounds anchors. Special requirements shall be that:
(i) over -the -top ties be provided at each of the four
corners of the mobile home, with two additional ties per side at
intermediate locations, with mobile homes less than 50 feet
long requiring one additional tie per side;
(ii) frame ties be provided at each corner of the home
with five additional tie 8 per side at intermediate points, with
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mobile homes less than 50 feet long requiring four additional
ties per side;
(iii) all components of the anchoring system be
capable of carrying a force of 4,800 pounds; and,
(iv) any additions to the mobile home be similarly
anchored.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and substantial improvements shall
be constructed with materials and utility equipment resistant
to flood damage.
(2) All new construction and substantial improvements shall
be constructed using methods and practices that minimize flood
damage.
5.1-3 UTILITIES
(1) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood waters
into the system;
(2) New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters
into the systems and discharge from the systems into flood
waters; and
(3) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals shall be consistent with
the need to minimize flood damage;
(2) All subdivision proposals shall have public utilities
1'
and facilities such as sewer, gas, electrical, and water systems
located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and,
(4) Base flood elevation data shall be provided for subdivi-
sion proposals and other proposed development which contain
at least 50 lots or 5 acres (whichever is less).
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood
elevation data have been provided as set forth in Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in
Section 4.3-2, Use of Other Base Flood Data, the following
standards are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any resi-
dential structure shall have the lowest floor, including basement,
elevated to or above base flood elevation.
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any com-
mercial, industrial or other nonresidential structure shall either
have the lowest floor, including basement, elevated to the level
of the base flood elevation; or,
together with attendant utility and sanitary facilities, shall:
(1) be floodproofed so that below the base flood level the
structure is watertight with walls substantially impermeable to
the passage of water;
(2) have structural components capable of resisting hydro-
static and hydrodynamic loads and effects of buoyancy; and
01
110 2
(3) be certified by a registered professional engineer
or architect that the standards of this subsection are satisfied.
Such certifications shall be provided to the official as set forth
in Section 4.3-3(2).
5.2-3 MOBILE HOMES
(1) Mobile homes shall be anchored in accordance with
Section 5.1-1(2).
(2) For new mobile home parks and mobile home subdivisions;
for expansions to existing mobile home parks and mobile home
subdivisions; for existing mobile home parks and mobile home
subdivisions where the repair, reconstruction or improvement
of the streets, utilities and pads equals or exceeds 50 percent
of the value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced; and for
mobile homes not placed in a mobile home park or mobile home
subdivision, require that:
(i) stands or lots are elevated on compacted fill or
on pilings so that the lowest floor of the mobile home will be
at or above the base flood level;
(ii) adequate surface drainage and access for a hauler
are provided; and,
(iii) in the instance of elevation on pilings, that:
- lots are large enough to permit steps,
- piling foundations are placed in stable
soil no more than ten feet apart, and
- reinforcement is provided for pilings more than
six feet above the ground level.
(3) No mobile home shall be placed in a floodway, except
in an existing mobile home park or an existing mobile home subdivis:
L
11O8
5.3 FLOODWAYS
Located within areas of special flood hazard established
in Section 3.2 are areas designated as floodways. Since the
floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris, potential projectiles, and erosion
potential, the following provisions apply:
(1) Prohibit encroachments, including fill, new construction,
substantial improvements, and other development unless a
technical evaluation demonstrates that encroachments shall not
result in any increase in flood levels during the occurrence of
the base flood discharge.
(2) If Section 5.3(1) is satisfied, all new construction
and substantial improvements shall comply with all applicable
flood hazard reduction provisions of Section 5.0 PROVISIONS FOR
FLOOD HAZARD REDUCTION.
(3) Prohibit the placement of any mobile homes, except in
an existing mobile home park or existing mobile home subdivision.
The following resolution was introduced by SUPERVISOR DIEHL
who moved its adoption:
WHEREAS, there has been duly presented and introduced at
a meeting of this Town Board on the 14th day of May, 1979, a
proposed Local Law entitled "Flood Damage Prevention", and
WHEREAS, the provisions of the Municipal Home Rule Law
requires that no local law shall be passed by the Legislative
Body of the Town until a Public Hearing thereon has been held
before such body,
NOW, THEREFORE BE IT RESOLVED,
1. That a Public Hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 24th
day of May, 1979 at 8:00 P.M. EDT, on such day at Town Hall, Mill
Street, in the Village of Wappingers Falls, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger, by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by Councilwoman Mills
Roll Call Vote: 5 Ayes 0 Nays
The following letter was received:
May 3, 197.9
110 4
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Oakwood Knolls Cleanout Contract
Dear Board Members:
Wilson Excavators has completed the above contract to the
satisfaction of this office.
The cleanouts wereinstalled and are available to be used
presently. This officehas notified Camo Pollution Control
that these cleanouts are operational and should be used to
clean the pipes now.
This office recommends that the Town honor Wilson's voucher
and render ,payment for these services.
Thank you,
Very truly yours,
s/ Robert J. Church
MR. JOHNSON moved that the Comptroller be authorized to pay
the voucher submitted by Wilson Excavators, Inc. for Oakwood
Knolls Cleanout Contract.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A request was received from Mr. Hawksley, Chairman of the Conser-
vation Advisory Council asking for a transfer of funds for
secretarial services. The sum of $300 had been allocated for
this line item and they would need approximately $460.
A memo was received from Mr. Ryan on this subject:
Memo To: Town Board Members
From: Matthew W. Ryan, Comptroller
Date: May 14, 1979
Subject: Conservation Advisory Council's memo of 4/26/79
I received a copy of Mr. Hawksley's request for additional
funds for the Conservation Advisory Council.
If the Board wishes to honor this request the transfer could
be from A1990.4 Contingency to A8090.1.
I should, however, point out that the Contingency Fund is
being rapidly depleted.
I should also point out that in 1976 the amount actually
expended was $532.53 and the approved budget for 1979 is $1710
a 321% increase, if this new increase if granted the budget will
be $2110 a 400% increase over 1976, making this our fastest
growing expense percentage wise.
Mr. Jensen asked Mr. Hawksley if there would be a 50% reimburse-
ment on this additional expense. Mr. Hawksley replied affirmatively.
1
ilo5
Mr. Hawksley further explained that the allocated salary for
the Planning Board Secretary of $240.00 for S.E.Q.R.A. would
also be 50% reimbursable and this sum would go back to General
Fund.
MR. JOHNSON moved that the request be honored and the transfer be
made from A1990.4 to A8090.1.
Seconded by Mrs. Reilly
Motion Unanimously Carried
The following letter was received:
April 23, 1979
Town of Wappingers
Mill Street
Wappingers Falls, New York
I posted Republic Insurance Bond #919319 with the Town in May
of 1977 to insure repair to the pavement in Erwin Drive, after
sewer and water services were installed.
The bonding company has requested that I return the original to
them so that it can cancelled.
The work on Erwin Drive was completed in 1978 and approved by Mr.
Horton. I would appreciate the return of the bond.
Respectfully,
s/ Gerald Kreisberg
MRS. MILLSAthat Republic Insurance Bond #919319 be returned to
Gerald Kriesberg, as recommended by Mr. William Horton, Highway
Superintendent.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A letter was received from the Recreation Commission recommending
that a Football Equipment Bid be awarded to the low bidder,
Kaye pports in the amount of $1,012.50.
SUPERVISOR DIEHL moved that the Football Equipment Bid, solicited
by the Recreation Commission be awarded to Kaye Sports as low
bidder in the amount of $1,012.50, as recommended by the Commission.
Seconded by Mr. Jensen
Motion Unanimously Carried
1 1 0 8
Thank you for volunteering the information at the meeting. And
thank you in advance for complying with my request upon receipt
of this letter.
Yours truly,
s/ John E MacDonald, Jr.
Mr. MacDonald then asked Mr. Adams if he had this information
available and the response was negative. Mr. Adams however, did
assure him the information would be forthcoming in writing in
the near future.
The following letter was received from Mr. MacDonald:
May 10, 1979
Town Clerk
Town of Wappinger
Dear Mrs. Snowden:
I would like to appear before the Town Board at their
meeting of May 14, 1979, for the purpose of receiving answers
to the following questions:
1. What statutory authority did the Town Board rely on
when it reduced the downstream drainage fee for DWS below
that charged to other builders?
2. What economic rationale did the Town Board rely on
when it reduced the downstream drainage fee for DWS below
that charged to other .Puilders?
3. There was disagreement among Planning Boardmembers
as to the actual fee to DWS. What is the agreed figure?
4. The agreement refers to eight planned phases and a
map describing same. The map is not available in the Planning
Board office. Where is it?
5. The Cranberry Hills maps at the Planning Board office
refer to an attached detail drawing of culverts to be used in
the downstream drainage plan. The detail drawing is not at
the Planning Board office. Where is it?
6. The Cranberry Hills maps at the Planning Board office
refer to detailed drawings of the holding ponds. These detailed
drawings carry designations such as R-12 and R-13 Profile Sheets.
These Profile Sheets are not available at the Planning Board
office. Where are they?
7. Who designed the holding ponds?
8. How will the pond function after it is frozen over?
9. Will the holding pond design involve lift pumps or
other mechanical devices?
10. The Town Board resolution states that agreement has
been reached on inspection fees. What is that agreement?
11. Does the certificate of inspection, when issued, place
any continuing obligation on the inspector?
12. Does the certificate of inspection, when issued, place
any continuing obligation on the Town?
Thank you for your consideration. s/ John E. MacDonald Jr.
1 1 0 9
Mr. MacDonald then addressed the Board and stated he would like
to have some answers to these questions on Cranberry Development.
Mr. Jensen informed him that when the Planning Board gave their
final approval, some of these questions would pertain to that and
would be answered; the maps will be finished at that time and the
eight phases he referred to will come up at the Planning Board
public hearing. Mr. Jensen then went into the history of this
Development and mentioned the resolution adopted by the Town
Board approving the request of the Planning Board that this area
be developed under Section 281 of the Town Law and at that time
added several conditions to this resolution. This then goes
back to Planning Board whereby they perform their functions and
if necessary refer back to the Town Board some of the items which
might need the consideration of this Board; one of them was drainage
fees. The Town Board has the right to take and set all of this fee,
or part of this fee, the Planning Board only has the right to take
the whole fee; they therefore referred the developer's request to
this Board to reduce or waive this fee. The Town Board granted
relief to the developer on the downstream fees; the fee for this
development is now $100 per lot. Mr. Jensen pointed out that the
reasoning for this was because of the work the developer was doing
on his own, such as putting in an internal drainage system.
Mr. MacDonald then questioned if the downstream drainage fee
assessed on a certain development was then used for that develop-
ment and when told no, it did not, he did not agree with this
rationale. Mr. Johnson felt that Mr. MacDonald was pushing
this subject with the idea of getting an answer to his query of
the previous meeting when he asked that downstream drainage fees
collected by the Town be used for his problem. At that meeting,
the Board had told him they would review this situation and at
this point, Mr. Johnson told him that is still the status of his
request ---they will review it and inform him of their decision.
Mr. MacDonald then questioned the legality of holding ponds
because of restrictions in the deeds. He then questioned the
Board on the legal ownership of property north of his (51 acres,
at one time owned by Bill Sherman). He asked if it was owned by
10
D.W.S. Holdings? The Town Board had no knowledge of the legal
ownership of this property,
Mr. Diehl omitted the next item on the Agenda which was a letter
from Mr. Wayne Holton regarding Town of Wappinger Little League
Fields; Mr. Versace, being recognized by the Chair questioned
this omission. Mr. Diehl informed him that Mr. Holton had with-
drawn his request and would meet with the Recreation Commission
and the Recreation Committee at a later date.
A request was received from Marsha Leed, 113 New Hackensack Road,
to become a tenant of the Wildwood Sewer District.
MR. JOHNSON moved to refer this request to the Dutchess County
Department of Health for approval and also referred it to the
Engineer to the Town, Mr. Lapar for review and recommendation.
Seconded by Mrs..,dills
Motion Unanimously Carried
A memo was received from Mr. Ryan in regard to the placement
of water meters. There was no provision for the location of
meters in the Rules and Regulations of Sewer and Water Hook -Ups.
He recommended there should be guidelines to make reading, removal
and repair easier.
MR. DIEHL moved that the request from Mr. Ryan regarding water
meters, be referred to Mr. Lapar to formulate rules and regulations
to be added to the Town Specifications on Sewer and Water Hook -Ups.
Seconded by Mr. Johnson
Motion Unanimously Carried
Letters were received from Mrs. Margaret Pearson and Mr. & Mrs.
Raymond Goetz, Sr. both on the same subject concerning the
extension of water lines to serve them. They both stated that
they had been paying water and sewer tax but did not receive the
service.
Mr. Diehl addressed them and explained that they were paying 1/3
of the benefit assessment because they were in the district and
at some possible time could be serviced --presently the lines in
existence did not extend to their homes. The taxpayers were
convinced they were paying O&M charges, however, it was pointed
out to them, they were not paying these charges. They were paying
Benefit Assessment charges -- Mr. Goetz produced his tax bill and
it showed they were assessed for both water and sewer,.but not for
one unit --just 1/3 of a unit, which was a legal charge for those in
a district.
Both Mr. Pearson and Mr. Goetz addressed the Board and told of their
problem with water and what could the Town do about it. Mr. Goetz
Lsaid the water pipes have been installed up to Spook Hill Road which
was about 1/8 of a mile from their home.
ihro Mr. Diehl tried to inform them without encouraging them too much,
that there would be a discussion in the near future in regard to the
4be extension of that water line; it could happen in the next 30 to 60
days, but this would be a discussion and they would have to wait and
see what would come from it. There is an avenue being explored by
the Water and Sewer Committee and the Engineer to the Town and they
hope some action will come from it, but Mr. Diehl emphasized that
he could not promise anything at this time.
A letter was received from Mary Wood owner of property at 38 Robert
Lane (she resided in New Jersey) complaining of 0&M charges being
levied on this property even though the house has been vacant since
December.
Mr. Diehl recommended that the Town Clerk contact Mrs. Wood and
inform her that this is a legal charge; she is paying the minimum
charge and she is in the district. The Town cannot give her relief
from this charge.
Mr. Ronald Newsome, 36 Robert Lane submitted bills to the Town for
reimbursement by them for services rendered by Shaker Travis & Quinn.
kirov They experienced sewer back-ups twice this year and Camo Pollution
Control confirmed that in each case obstructions had blocked the
main, therefore it was the Town's responsibility, not the home
owners.
MR. JENSEN moved that the Comptroller be instructed to reimburse
Mr. Newsome in the amount of $135.80 paid to Shaker, Travis & Quinn
for sewer cleanout.
Seconded by Mrs. Reilly
L
Motion Unanimously Carried
1 1 1 2
A letter was received from Mr. William Horton, Highway Superin-
tendent expressing concern about the County's action of phasing
out street signs in favor of route markers on County roads. For
example, instead of a sign stating the name of the street such as
Myers Corners Road, it shows a marker C.R. 93, or C.R. 91, whatever
the number assigned to that road happens to be. Mr. Horton had
contacted the County and this fact was confirmed; Mr. Spratt had
suggested that Mr. Horton contact the State as this was their
intersection. The State informed him that they do not furnish
nor install street name signs --they designate routes or the nearest
hamlet with destination signs. They referred to the New York State
Manual of uniform Traffic Control Devices whereby it states that the
Town may furnish, if they so desire, street name signs, install them
and maintain them. Mr. Horton took exception to this statement, he
felt the taxpayers are burdened enough with local,problems without
being saddled with county and state problems.
The Town Board concurred with Mr. Horton's feeling and expressed
strong opposition to this action.
MR. JOHNSON moved that the Town Board of the Town of Wappinger
contact the County Executive, the County Legislators and Commissioner
of Dutchess County Public Works, Mr. James Spratt, stating their
opposition to the County phasing out street name signs in favor of
numbers and further that this policy only serves to put the burden
on the local towns and reduces the County's responsibility to serve
the towns and this action will destroy the historical value of the
names of the various county roads and areas.
Seconded by Mrs. Mills
Motion Unanimously Carried
A letter was received from the Planning Board asking for clarifica-
tion of the amount set for drainage fees on Cranberry Hills --is it
$100 per lot or $100.00 plus $50.00 at the time a building permit
is issued.
The Town Clerk was requested to answer this question and reply that
the fee would be $100.00 per lot.
A letter was received from Mr. Victor Fanuele, Chairman of the
Planning Board asking that the Town Board consider a proposed
compensation schedule for the 1980 Budget as follows:
Each member will receive $10.00 per meeting attended
with a maximum of $50.00 per quarter.
The Chairman will receive $100.00 per meeting attended
with a maximum of $300.00 per year
This would increase the Planning Board's
maximum of $700.00 per year to a maximum
Mr. Diehl directed that a letter be sent
compensation from a
of $1,500.00 per year.
to Mr. Fanuele stating
2113,
that this proposal would be considered in the budget for next year.
Two Notices of Public Hearing were received from the Town of
Poughkeepsie both on anendmeni to the Zoning Ordinance and
both set for the 6th of June 1979. These had been copied to the
Planning Board.
MR. JOHNSON moved to receive these Notices from the Town of
Poughkeepsie and place them on file.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Fred Novak from the Hudson River Psychiatric Center sent a
letter to the Town Board requesting financial support for a special
program that they were conducting on June 30, 1979 at Bowdoin Park.
Mr. Diehl stated that it was the opinion of the Board, upon pro-
fessional advice, that they were unable by law to support this
request and requested the Town Clerk to notify this organization
of this fact.
A request was received from the Wappingers Central School district
for the use of seven voting machines for their budget vote and
election on June 6, 1979.
MR. JOHNSON moved that this request be granted and the School
District be allowed to use the seven voting machines.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Logan, Assessor of the Town, requested permission from the
Board to attend two Conferences --one at Cornell University from
June 24, through June 29, 1979, the second at Grossingers from May
20 through May 24th, 1979.
MRS. MILLS moved that Mr. Logan be allowed to attend both conferences,
•1i11 4
as it would benefit the Town, and his legitimate expenses would be
a Town charge.
Seconded by Mr. Johnson
Motion Unanimously Carried
The following letter was received:
May 10, 1979
Town Board, Town of Wappinger
Mill Street
Wappingers Falls, NY
Re: Delayo Property
N.Y. State Highway Rt. 9D
& Marlorville Road
Dear Board Members:
As per your direction, Mr William P. Horton and Mr. Rudolph E.
Lapar visited the above captioned site on Thursday, May 10, 1979.
It is my professional opinion that a portion of a stockade fence
installed by the Body Repair Shop has definately encroached upon
the Town of Wappinger Highway Property.
The amount of encroachment is easily discernible, even to the
layman by field observation.
Very truly yours,
s/ Rudolph E. Lapar, P.E.
MR. DIEHL moved to refer this to the Attorney for him to take the
necessary action in regard to the recommendation of Mr. Horton and
Mr. Lapar
Seconded by Mr. Jensen
Motion Unanimously Carried
Under Committee Reports, Mr. Diehl announced that they had found
a site for Spring Clean-up for the Town of Wappinger and they would
go to bid for this service at the earliest possible date.
MR. DIEHL moved that the Town Clerk take the necessary action to
legally advertise for bids for private contractors to provide
trucks and personnel for a Clean-up of the entire Town subject to
conditions which will be a part of the Bid Specs.
Seconded by Mrs. Reilly
Motion Unanimously Carried
MR. DIEHL moved that the following conditions and exceptions will
apply to the Town of Wappinger 1979 Spring Clean-up in the entire
Town outside the Village.
111 5
All items for pick-up must be at curbside prior to the first
Monday of a future scheduled date pick-ups will start at 7 A.M.
on this date in the entire area of the Town of Wappinger East of
Route 9. On the second Monday of a future scheduled date, all
items for pick-up must be at curbside prior to 7A.M. this date
for that area of the Town of Wappinger west of Route 9. Residents
are asked to place articles out on curb and leave them for completion
of pick-up. No return trips will be made.
All small items must be placed in sturdy, moistureproof containers
or bags capable of being lifted by one man.
All refrigerators, stoves, freezers and other large items must be
of a size capable of being lifted by two men. All doors must be
removed, all liquids must be drained from tanks, and all swing
sets must be dismantled and tied in bundles. Any item too large
to handle will not be picked -up.
No auto tires will be picked -up as disposition of these will be
forthcoming through a recycle agency at a later date.
No construction material will be picked -up.
No leaves, brush or tree trimmings will be picked up as such items
can be burned on individual site by obtaining a burning permit.
No apartment complexes will be picked -up.
No commerical establishments will be picked -up.
Seconded by Mr. Johnson
Roll Call Vote: 5 Ayes 0 Nays
MR. JOHNSON moved that the Board recess for executive session in
regard to discuss possible legal action with the Attorney.
Seconded by Mr. Jensen
Motion Unanimously Carried
The Board recessed at 8:20 P.M.
The meeting came back to order at 8:29 P.M. All Board Members were
again present.
MR. JOHNSON moved that the Tax Certioriari. from Rosen Crane and
Wolfson with a proposed Consent Order (Wappingers Apartment Co. and
Wappingers Apartments Corp. and Land Properties v. Town of Wappinger,
be referred to Mr. Logan, Assessor, for his opinion.
Seconded by Mr. Diehl
Motion Unanimously Carried
MR. JOHNSON moved that a Special Meeting be set for May 24, 1979
at 8:15 P.M. to consider action on the two Tax Reviews and any other
business that may come before the Board.
Seconded by Mr. Diehl
Motion Unanimously Carried
1 1 1 6
Mr. Jensen reported that the Tri -Municipal Commission had met
with the EPA and DEC and they were still reviewing the questionaires.
they had.received which were over 3,000. They will do house to
house surveys in areas where they are having septic problems. They
learned that an additional $90,000 grant had been obtained to help
pay for this work.
The following Resolution was introduced by COUNCILWOMAN MILLS,
who moved its adoption:
RESOLVED that the Town of Wappinger "Governing Policy of
all Town Departments" dated January 1, 1979 be amended to provide
for those provisions set forth in a six page document entitled
Town of Wappinger "Governing Policy for all Departments" dated
May 14, 1979, consisting of six pages which has been given to
all Board Members & the Town Clerk, and
BE IT FURTHER RESOLVED that the salaries of the following
employees be adjusted as follows:
Gladys Ruit
Betty Ann Russ
Gladys Timbo
Frances Frisina
Melva Laffin
Eleanor Croshier
and ,
$220. from A1990.4 to A1410.1
200. from B1990.4 to B8010.1 & B8020.1
130. from A1990.4 to A1355.1
130. from CF1990.4 to CF5010.1
130. from A1990.4 to A1315.1
530. from A1990.4 to A1110.1
BE IT FURTHER RESOLVED that the Comptroller be directed to
transfer from line item A1990.4, 81990.4 and CF1990.4 to the
necessary line items those monies necessary to pay for such
salary adjustments. This is retroactive to January 1, 1979, to
take effect the 1st pay period in June.
Seconded by Councilman Jensen
Roll Call Vote: 5 Ayes 0 Nays
Mr. Johnson reported that he had hoped to have copies of the
proposed Zoning Ordinance and Map by this meeting but they have
not come back from the printers as yet. He hoped to have them by
the next meeting (the one set for May 24th) and at that time they
could set a public hearing.
Mr. Hawksley, Chairman of the Conservation Advisory Council reported
that he had attended a meeting last Friday at Texaco on the Hudson
River Oil Spills Committee. An item discussed was that they would
like to have organizations and towns show intent of participation
with no involvement of financial obligation. Sometime in July
when they would have another meeting, they would expect such a
commitment.
iii 7
A letter was received from Mr. Gregory Sarno, 13 Dana Place
regarding the status of the Dana Place Drainage Problem Solution.
Mr. Richard Anzelone was present to speak on the subject. The
last he heard on the subject was a drainage system costing in the
neighborhood of $40,000 which could not be thought of until Spring,
and here it was Spring, and as far as he knew, nothing was being
done.
Mr. Diehl went back into the history of this problem and the
various recommendations that had come before the Board; they still
felt that this sum of money was too high a price to pay for a
solution that they were not sure of; they did not know if this
would permanently correct the problem.
Mr. Anzelone said this was his problem too and he was waiting for
some action. He had a hole in his driveway, a sizeable one, which
he blamed on the Highway Department. He would like that fixed and
he would like to put in a decent driveway. No one was hurt, but
it was very likely that someone Would in the near future.
Mr. Jensen reminded Mr. Anzelone that they had been working on
this problem; at the last meeting Mr. Lapar was asked for cost
figures on grating over a ditch, they kept looking for solutions
that would help them but also keep the dollar cost down. It was
not a forgotten subject and sooner or later, they would relieve
these people.
The following letter was received:
April 18, 1979
Town Board, Town of Wappinger
Mill Street
kb, Wappingers Falls, N.Y.
L
Re: Thornacres Drainage Problem
Lots #24, #25, #26, and #28 of
Section III
Dear Board Members:
As per your request, as the April 9th 1979 meeting of the Town
Board, Mr. William P. Horton, Highway Supt. and Rudolph E. Lapar
Engineer to the Town, visited the area, more specifically the
Iovinos property, on Monday April 16, 1979.
We were met by Mrs. Iovino and made a visual survey of the
property. Our findings are as follows:
1. The drainage swale as shown on the approved plot plan
was not in existance.
Mrs. Iovino claimed that it never operated properly and
8
was therefore eliminated by the use of fill from the
swimming pool excavation.
2. Leaders or downspouts had been installed after C.O. and
should have been piped to the Storm Drainage System, same
as the foundation drain was.
3. The addition of an inground swimming pool, after C.O.
has also added to the problems, because of the object or
body in the bathtub, water displacement problem.
4. It is our recommendation, that the responsible party dig
a permanent ditch along the entire rear of the property.
This ditch can enter the Inlet Basin in the street at
an elevation of 2 or 3 feet below ground level by breaking
a hole in the back of the Inlet Basin. Although this
is not common practice, Mr. Horton and I agree to this
solution in cases of severe problems, which this certainly
is.
5. The above ditching will probably relieve the surface
water problem but may not solve the percolation problem
of the subsurface disposal system since heavy soil and
a high ground water table will not be relieved by this
solution.
In closing it is my opinion that the problem is between
parties other than the Town and should be resolved by them.
Very truly yours,
s/ Rudolph E. Lapar
Engineer to the Town
MR. JENSEN moved to receive this communication and place it on
file, since Mr. Lapar had copied all principals involved.
Seconded by Mrs. Reilly
Motion Unanimously Carried
At the March Town Board meeting, Mr. Hawksley was asked to submit
a cost for covering the mosaic map which is on a wall in the
meeting room. An estimate was submitted by him in the amount of
$112.00 for two sheets of acrylic plexiglass.
The Board decided to table this matter until the next meeting.
A letter was received from Mr. Hawksley on S.E.Q.R.A. with an
attached list of proposed changes to the Local Law #2 of 1977
which had been referred to the Attorney, who informed them that he
did not have a chance to review these changes.
MR. JOHNSON moved to table this matter until the next meeting.
Seconded by Mr. Diehl.
Motion Unanimously Carried
111 g
A letter was received from the Attorney regarding the Adams and
Puretz Subdivision. This matter had been referred to him at the
last meeting when the Board had received a communication from
their attorneys seeking repayment of tax money paid for sewer
improvement for the years 1976 through 1979. This action came
about due to County Health Department rejection of their subdivi-
sion approval. Mr. Adams had researched the subject and recom-
mended that their request for refund not be favorably entertained.
MR. JENSEN moved that the letter from Mr. Adams be received and
placed on file and a copy be sent to the petitioner, Adams and
Puretz.
Seconded by Mr. Johnson
Motion Unanimously Carried
A letter was received from Camo Pollution Control regarding
a freeze-up problem at the Elswick Residence, Bowdoin Lane. This
matter had been referred to Camo at the last meeting for a deter-
mination of where the responsibility lies for the expenses incurred.
Their recommendation was that it was the Town's responsibility and
Mrs. Elswick should be reimbursed.
MR. JOHNSON moved that a refund be. made to Mrs. Elswich in the
amount of $83.50 and the Comptroller be notified.
Seconded by Mrs. Reilly
Motion Unanimously Carried
A response was received from Camo Pollution Control on a claim
referred to them from S. Wallace, 9 Robert Lane, for Roto -Rooter
service in the amount of $66. 15 which they needed due to sewer
back-up. Camo recommended that reimbursement be made to Mrs.
Wallace for the bill she incurred since, it was the responsibility
of the Town's.
MR. JOHNSON moved to direct the Comptroller to reimburse Mrs.
Wallace in the amount of $66.15 upon the recommendation of Camo
Pollution Control.
Seconded by Mr. Jensen,
Motion Unanimously Carried
112
A report was received from Mr. Lapar on the Realignment of
Widmer Road, which had been requested at the April 9th meeting.
A copy of this letter had been sent to the Planning Board who
had originally petitioned for this project.
MR. JENSEN moved that this communication be received and placed
on file.
Seconded by Mr. Johnson
Motion Unanimously Carried
A report was received from Mr. Ruit, Building Inspector and Zoning
Administrator on inspection of the water line at the home of Mr.
and Mrs. John Marmillo, 6 Dogwood Hill Road. They had requested
a refund on operation and maintenance charges for two quarters
since they were not hooked into the system. Mr. Ruit confirmed this
fact --they were using well water.
MR. JENSEN moved that the Comptroller be directed to refund the
amount paid by the Marmillo's for O&M charges for two quarters,
($25.50) based on Mr. Ruit's report.
Seconded by Mrs. Mills
Motion Unanimously Carried
Mr. Hawksley had submitted a resume from Mr. Robert Clary for a
possible appointment to the Conservation Advisory Council.
The Board took no action on this appointment and Mr. Diehl asked
that this be tabled until the next meeting.
The following letter was received:
May 14, 1979
Town Board, Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, New York 12590
Re: Sheraton Enterprises, Inc.
Dear Town Board Members:
As you may recall, your Board previously entertained an application
by my client, Sheraton Enterprises, Inc., for a recreational use
development on property owned by it on the westerly side of Route
9 near the intersection of Osborne Hill Road. It was my client's
intention at the time of the application, and remains its intention
at this time, to construct a multi-purpose recreational facility for
use by both men and women. While the emphasis would be on the
racquet ball portion of the facility, there would be in conjunction
and complimenting such use, a pro shop, cocktail lounge, nautilus
1 1 2 1
(exercise) room and a swimming pool.
You may further recall that the estimated cost of this project is
approximately $1M. In order to obtain the necessary financing, my
client has conferred with local banking institutions and made
application for a mortgage in the amount of $725,000. Two of those
local lending institutions have expressed a willingness to finance
the proposed project subject to the condition that the property
in question be one which is zoned for a commercial use. While
my client certainly was prepared to commence construction based
upon the granting of the recreational use development district,
the imposition of this demand by the bank has rendered it virtually
impossible for my client to proceed, inasmuch as it cannot obtain
the requisite financing without complying with the conditions of
4b, the bank.
To this end, Sheraton Enterprises, Inc., would respectfully request
4110 that the Town Board consider re -zoning the premises in question from
its present residential (albeit recreational use development)
classification to a commercial classification. It would appear
that the most restrictive commercial use which might be appropriate,
given my client's acreage would be an HB -2 zone which my client
would respectfully make request for. You may recall that the
Town Planning Board, at the time of my client's initial submission
had, in fact, recommended an HB -2 use for my client.
While realizing the amount of time and patience that the Board has
exhibited during the course of examining and acting upon my client's
application, my client would further respectfully request that the
Board entertain its application with all diligence and as exped-
itiously as possible and would request that the matter be set
down for public hearing with referrals made to the Town and County
Planning Boards.
kie
Thank you for your consideration.
Very truly yours,
s/ Stephen M. Saland
Mx. Saland then addressed the Board and reiterated the contents
of the letter sent to the Board emphasizing the fact that his
clients were ready and willing to start this project, the
financial aspect was the only delay. He then asked the Board if
they had any questions. Mr. Jensen felt that if the banks had any
faith in this project, the zoning should not make the difference.
If the Town Board, in their wisdom, chose this avenue of zoning,
for this application, he felt the banks in the area should have
confidence to finance the project; he did not understand their
rationale in holding back money merely on a zoning classification.
Discussion continued on the pros and cons of granting this
request with some of the Board Members understanding the situation
and leaning toward setting a public hearing while other members
felt they had put a lot into the new zoning and it should remain
this way.
112 2
MRS. MILLS moved to set a Public Hearing on the application of
Sheraton Enterprises for rezoning property owned by them on the
westerly side of Route 9 near the intersection of Osborne Hill
Road to HB -2.
Seconded by Mr. Diehl
Roll Call Vote:
Councilman Jensen Nay
Councilman Johnson Nay
Councilwoman Mills Aye
Councilwoman Reilly Nay
Supervisor Diehl Aye
Motion Defeated
Before the vote was taken, Mr. Jensen stated that he would vote
against this motion due to the fact that they had recently rezoned
this parcel RUD; they were expecting to set a hearing on the proposed
zoning ordinance very shortly and this parcel was shown on the map
as RUD and he felt it should remain as such.
Mrs. Reilly stated that she would also vote no, strictly because
of the proposed zoning ordinance and she felt that they should not
make any changes at this time; also if the public hearing was set,
she would like to see something in writing from the two banks
that had refused financing, stating that their refusal was based
on the zoning.
Mr. Johnson felt they were in a dilemma --they had five zoning
requests beforefthe Board which they were not entertaining at this
time due to the expected hearing on the zoning ordinance --if they
gave consideration to one, they should give it to all.
There was no other business to come before the Board
MRS. MILLS moved to adjourn the meeting, seconded by Mr. Jensen
and carried.
The meeting adjourned at 10:34 P.M.
Elaine Snowden
Town Clerk