1979-03-14 SPM1 0 3 8
A Special Meeting of the Town Board of the Town of Wappinger
was held on March 14, 1979, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Said meeting was set at the Regular Meeting of the Town Board held
March 12, 1979. Notices were sent to the newspapers and radio
stations and notice was posted on the Town Clerk's Bulletin Board.
Supervisor Diehl opened the meeting at 7:31 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Absent:
Leif Jensen, Councilman
Mr. Diehl explained that the purpose of the meeting was to
consider the adoption of a proposal from Sheraton Enterprises, Inc.
on a Recreational Use Development, and any other business that may
come beforethe Board.
The following Resolution was introduced by SUPERVISOR DIEHL,
who moved its adoption:
WHEREAS, the Town of Wappinger Planning Board reviewed the
application of Sheraton Enterprises, Inc. for a Recreational Use
Development and forwarded to the Town of Wappinger Town Board on
March 14, 1979 the recommendation that this matter be based upon
local study of the facts, and
WHEREAS, the Town of Wappinger Town Board conducted a Public
Hearing with respect to said Recreational Use Development on
March 14, 1979, and
WHEREAS, the Town of Wappinger Town Board has determined that
the land use would be consistent and harmonious with the land use
of the area and would promote the orderly growth of recreational
facilities within the Town,
NOW, THEREFORE, BE IT RESOLVED,
1. The Zoning Map of the Town of Wappinger is hereby amended
to provide that the following property is hereby classified as a
Recreational Use Development:
All that certain parcel of land situate in the Town of
Wappinger, County of Dutchess and State of New York.
Beginning at a point on the westerly line of Route No. 9,
said point being the intersection of the westerly line of said
Route No. 9 with the northwesterly line of Osborne Hill Road and
running thence along the northwesterly line of said Osborne Hill
Road, South 41 degrees 09' 30" West 120.31 feet to a point; thence
03'It
leaving said line and running along the northerly line of lands
of now or formerly Matthew & Audrey Hussey, the following: North
74 degrees 46' 00" west 26.22 feet to a point; thence North 87
degrees 58'00" West 144.30 feet to a point; thence North 85 degrees
36' 00" west 161.50 feet to a point; thence North 86 degrees 07'
00" west 133.30 feet to a point; thence South 55 degrees 13' 00"
west 1.53 feet to a point on the•easterlyline of lands of. now or
formerly Barry Coben; thence' along. the -easterly line of lands of
now or formerly said Barry Cohen, the followiggt ,North 14jdegrees
3a' 10' east 74.94 feet: ta.,-a point; thence North 14 degrees 42'
10" East 201.44 feet to a point; thenad, North 24 degrees 51' 10"
east 234.93 feet to a point; thence North 59 degrees 22' 50" east
28.21 feet to a point; thence leaving said line and running along
the southerly line of lands of now or formerly Stella & Philip
Dominicus, South 77 degrees 57' 00" east 304.87 feet to a point
on the westerly line of the aforesaid Route no. 9; thence along
the westerly line of said Route No. 9, the following: South 9
degrees 48' 30" east 296.41 feet to a concrete monument; thence
South 9 degrees 13' 00" West 27.20 feet to a point; thence South
9 degrees 48' 30" east 58.00 feet to the point of beginning
containing 5.000 acres of land be the same nore or less.
Subject to a permanent drainage easement and the rights of
public utilities of record.
Also being known as Town of Wappinger Tax Map 6157-04-599139
2. The Sheraton Enterprises, Inc. Recreational Use Develop-
ment as set forth on a map made by Richard G. Barger, P.E. & L.S.,
dated January 12, 1979, and as filed with the Town Clerk is hereby
approved by the Town Board of the Town of Wappinger subject to the
Site Plan approval of the Town of Wappinger Zoning Ordinance.
Seconded by: Councilwoman Mills
Roll Call Vote:
Supervisor Diehl Aye
Councilman Jensen Absent
Councilman Johnson Aye
Councilwoman Mills Aye
Councilwoman Reilly Aye
A Public Hearing, having been duly held by the Town Board of the
Town of Wappinger on a Local Law Relating to the Imposition Charge
and Collection of Water Rates for Watch Hill Water Improvement Area,
the matter was now placed before them for their consideration.
MR. JOHNSON moved to adopt Local Law ##1, 1979, Relating to the
Imposition Charge and Collection of Water Rates for the Consumption
and use of Water for the Watch Hill Water Improvement Area as well
as the Penalties and Enforcement Thereof, as follows:
Be It Enacted by the Town Board of the Town of.Wappinger, Dutchess
County, New York, as follows:
Section 1: Imposition and Computation of Water Rates
A. All water rates are payable quarterly and the minimum
rate shall be payable even though no water is consumed if a
service line is connected with district main unless prior to
the commencement of the quarter the service linefis -.short off by
the district at the curb box at the request of the owner. Requests
for termination shall be made no later than ten (10) days prior to
the :end of a quarter. The minimum rate shall be payable even though
1 03 8
the water has been shut off when such discontinuance has been
made by someone not authorized by the district. District shall
mean the Watch Hill Water Improvement Area.
B. Each owner or tenant of real property using or connected
to the said water system shall pay a water charge at the said
rates as set forth below:
Water Rate Schedule:
Rate: $].00 Quantity: Each 100 cubic feet or part thereof
The owner or tenant shall pay a minimum charge of $25.00 per quarter
regardless of the amount of water consumed for said quarter if that
said owner or tenant is connected to the system for more than thirty
(30) days during said quarter. No minimum charge shall be assessed
for connection to the system for less than thirty (30) days during
a quarter.
Section 2: Payment and Enforcement of Water Rates
A. All water bills shall be due and payable within thirty
(30) days of the billing date. After the expiration of Thirty
(30) days, a penalty equal to ten (10) percent of the amount
unpaid shall be added to that bill.
B. Said water charges shall constitute a lien upon the
real properties served by the water system of the district and
such lien shall be prior and superior to every other lien or
claim except the lien of an existing tax, assessment, water
rate, sewer rent or other lawful charge imposed by the Town.
Said lien shall apply whether water charges were incurred by
the owner or tenant.
Section 3:
This Local Law shall take effect immediately upon adoption,
and as provided by the Municipal Home Rule Law.
Seconded by: Councilwoman Mills
Roll Call Vote:
Supervisor Diehl Ave
Councilman Jensen Absent
Councilman Johnson Aye
Councilwoman Mills Ave
Councilwoman Reilly Aye
Residents from the Tall Trees Development were present having
been told by Mr. Diehl at the March 12th meeting, that if informa-
tion was available, they would have a meeting to shed light on the
problem they were having and discuss alternate solutions. Mr. Ryan,
Comptroller, was present and submitted figures on the costs of the
last three breakdowns of the pump at the Tall Trees Development.
These breakdowns occurred between May 1977 and November 1978, one
time having been caused by lightning. The costs included trucking
of water and repair of the pump on these three occasions; a copy
of the breakdown costs were available to those who wished them.
Mrs. Seaboldt questioned the warranty on thses pumps, what kind
1034
of pumps were they buying, why were they wearing out? She asked
for costs on a new pump, but Mr. Diehl informed her that no
figures were available, there had been no communications from
either the Attorney or the Engineer.
Discussion followed on the mechanics of the pump, how long they
should last, what their function is and so on. Mr. Diehl felt
this was a subject for Camp Pollution Control to pursue as
operators of the plant and asked Mr. Ryan to direct this matter
to them ---is their a better pump they could purchase that would
last longer, give better service?
In answer to questions from the residents of the Tall Trees
area about information from the Attorney and Engineer, Mr. Diehl
asked that they keep in touch with him and he would let them know
when this information was available. Upon receipt of this informa-
tion the Board would then have to act on a solution to their water
problem and they would have to bear in mind that this decision
would be based on what they considered would be for the best
interests of the residents in the district.
MR. DIEHL moved to adjourn the meeting, seconded by Mrs. Mills
and carried.
The meeting adjourned at 7:44 P.M.
0/kLe !fit z.Aw,
Elaine H. Snowden
Town Clerk
Spl. Mtg. 3/14/79
10
A Public Hearing was held by the Town Board of the Town of
Wappinger on March 14, 1979, at the Town Hall, Mill Street,
village of Wappingers Falls, Dutchess County, New York, on an
application of Sheraton Enterprises for Amendment of the Town
of Wappinger Zoning Map permitting Recreational Use Development.
Supervisor Diehl opened the Hearing at 7:03 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Absent:
Leif Jensen, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (Affidavits are attached
hereto and made part thereof of the minutes of this Hearing).
Recommendations had been received from both the County Department
of Planning and the Town Planning Board in the affirmative. The
recommendation from the County was read as follows: "in view of
the above findings, this Department recommends that the decision
in this matter be based upon local study of the facts in this case.
The Town Board should, in its analysis, take into consideration the
pattern of growth along Route 9 and attempt to mitigate the adverse
impact of future development".
Mr. Stephen Saland was -the Attorney representing Sheraton Enterprises,
and felt that the Board was familiar with the application and needed
no further information from him, but he was in favor of this amend-
ment.
No one else spoke.
Mr. Johnson moved to close the Public Hearing, seconded by Mrs.
Reilly and carried.
The Hearing closed at 7:05 P.M.
Elaine H. Snowden
Town Clerk
1031
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
APPLICATION OF SHERATON ENTERPRISES
FOR AMENDMENT OF TOWN OF WAPPINGER
ZONING MAP PERMITTING RECREATIONAL
USE DEVELOPMENT.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 26, 1979, your deponent posted a
copy of the attached notice of Public Hearing on an
application of Sheraton Enterprises for Amendment of
the Town of Wappinger Zoning Map Permitting a Recreational
Use Development, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of
Wappinger, Mill Street, in the Village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York.
Sworn to before me this
day of..��.`
Notary Public
1979.
3UCK
30,re
“, 6a 30, 10
Elaine H. Snowden
Town Clerk
Town of Wappinger
W. a t>II •
NEWS
1032
DISPLAY ADVERTISING CLASSIFIED ADVERTIS!,YG
914-297-3723
84 EAST MAIN STREET • WAPPINGERS FALLS
PLEASE TAKE NOTICE that the
Town Board of the Town of Wappinger
will conduct • Public Hearing on
Wednesday, March- 14, 1979, et 7:00
P.M., EST, at the Town Hall, Mill Street,
Village of Wappingers Falls, Dutchess
County, ew York, for the purpose of
considring en application of Sheraton
Enterprises, Inc., for an amendment to
the Town of Wappinger Zoning Map_
permitting a Recreational Use
Development on a parcel of property
Tying at the Intersection of the westerly
side of Route 9 and northwesterly side of
Osborne Hill Road.
Please take further notice that copies
of the aforesaid proposed application for
a Zoning Map Amendment will be
available for examination and In-
spection at the office of the Town Clerk
of the Town of Wappinger in the Town
Hall between the hours of 9:00 A.M. end
4:30 P.M. on all business days between
the date of this notice and the date of the
public Hearing.
Dated: February 26, 1979
Elaine H. Snowden
Town Clerk
Town of Wappinger
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutchess.
Town of Wappinger.
Beatrice Osten
of the
Town of Wappinger, Dutcher' County, New York.
being duly sworn. rays that he is. rind A the several
times hereinafter was, the C9-F44toV7PAla7rihedf
W. & S.D. NEWS. a newspaper printed and publtrhed
every Thursday in the year to the Town of Wappinger,
Dutchess County, New Ycrk, and that the annexed
NOTICE was duly published in the said newspaper for
one week succeuively... PAW..in in each week.
commencing on rhe..2 .11...day of...�epLnlax�t...
1979 and on the following dates thereafter. namely on
and ending on the...z$tb ..day of...Fehruaxy..
19.7.9 both days Inclusive.
Subscribed and sworn to before me
this Z$.th... day of...e1t tsar$ 19.7.9
My commission expires
Notary Public
1 03 s
A Public Hearing was held by the Town Board of the Town of
Wappinger on March 14, 1979, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York, on a proposed
Local Law Establishing Rates for the Watch Hill Water Improvement
Area.
Supervisor Diehl opened the Hearing at 7:15 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Absent:
Leif Jensen, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (Attached hereto and
made part thereof of the minutes of this Hearing).
Mr. Cortellino asked if this was a Town owned water system.
Mr. Diehl replied that it was a private system, but some of our
residents were hooked into it.
Mr. Cortellino then asked what about Public Service Commission --
the owner of the system could go to them for an increase, then
these rates would not apply.
Mr. Diehl explained that we were paying $.58 per 100 cubic feet
to Mr. Arkawy, owner of the system, $.09 delinquency, $.25 for
leakage and $.08 repairs and flushing, bringing it to $1.00 per
cubic feet, but if he should apply for and receive an increase,
we would have to increase our rate. This is the first venture for
the Town, but water has to be supplied to these homes
No one else spoke.
Mrs. Mills moved to close the Public Hearing, seconded by Mr.
Diehl and carried.
The Hearing closed at 7:23 P.M.
Elaine H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER AFFIDAVIT OF
OF POSTING
A PROPOSED LOCAL LAW ESTABLISHING
RATES FOR WATCH HILL WATER
IMPROVEMENT AREA
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes
and says:
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on February 26, 1979, your deponent posted a
copy of the attached notice of Public Hearing on a
proposed Local Law Establishing Rates for Watch Hill
Water Improvement Area, on the signboard maintained by
your deponent in her office in the Town Hall of the Town
of Wappinger, Mill Street, in the Village of Wappingers
Falls, Town of Wappinger, Dutchess County, New York.
Sworn to before me this
day o Z' C 1 ct -i. t
l
Notary Public ' "
L
I
1979.
DUCK
Nr,}t :
7. c
NEWS
`l 0 3 5
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914-297-3723
84 EAST MAIN STREET - WAPPIPIGERS FALLS
• +NOTICE IS HEREBY GIVEN that
there has been duly presented to and
Introduced before the Town Board of the
Town of Wappinger, Dutchess, County,
New York. on February 23, 1979, a Local
Law -Establishing Rates for the Watch
Hill Water Improvement Area, setting
the rate for each residential unit con.
netted to the system at 51.00 for each 100
cubic Feet per quarter or a minimum
rate of 525.00 per quarter. whichever Is
gr NOTICE IS FURTHER GIVEN that
the Town Board of the Town of Wap.
ginger a Public
aforesaid oposadLcaiaw at the
Town Hall, Mill Street, Wappinger
Falls Town of Wappinger, Dutchess
County, New York; on the 14th day of
March, 1979, at 7:15 P.M., EST on such
day, at which time all parties interested
will be heard.
NOTICE FS FURTHER GIVEN that
copies of the aforesaid proposed local
law will be available for examination
and Inspection at the office of the Town
Clerk of the Town of Wappinger, In the
Town Hall, between the hours of 9:00
A.M. and 4:90 P.M.,EST, on all business
days between the date of this notice and
Me date of the public hearing.
Dated: February 26, 1979
Elaine H. Snowden
Town Clerk
Town of Wappinger
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess.
Town of Wappinger.
Beatrice Osten
of the
Towu of Wappinger, Dutchess County, New York.
being duly sworn, says that he 1s, ind R the several
times hereinafter was, theSP'Xdl.n�d: R'blie
eat
W. & S.D. NEWS, a newspaper P publishedd
every Thursday in the year In the Town of Wappinger.
Dutchess County, New York, and that the annexed
NOTICE was duly published In the said newspaper for
one week successively... 1119P..in each week.
commencing on the 28th day of...YA
19.79 and on the following dates thereafter, namely on
•
and ending on the
19.V both days inclusive.
28th day of. Frw...
J
ore me
thisSubscribed bithworndcoytof...VPbl t N )97a
this ttSS
My commission expires
Notary Public