1978-09-11 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
SEPT. 11, 1978
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
3. REPORTS OF OFFICERS
Town Justices
4. RESOLUTIONS
Bldg & Zoning Receiver of Taxes
A. Local Law - Defective Highway Notice Amendment
B. Local Law - Wetlands Amendment
C. Fleetwood Water Rates - Local Law Amendment !
D. Fleetwood Sewer Rates - Local Law Amendment
E. CATV Franchise
F. Buyakowski - Sachson Place
G. Appoint Dog Enumerator/s
H. Wm. Crane, Attorney for T/W Tax Review Re: Benderson vs T/W
5. PETITIONS & COMMUNICATIONS
a. Service of Tax Review on Town Clerk and Assessor for 1978
b. Connie Smith requests permission to attend Historians
Seminar Sept. 29th & 30th.
c. American Heart Association Bik-A-Thon
d. Planning Board re: Mozayeny rezoning request
e. Planning Board re: 1. Cranberry Hills Development Downstream
Drainage 2. Realignment of Widmer Rd.
f. Camo Pollution Control Reports:
1. L & A STP re: collector drive chain & Sprocket
2. Oakwood STP re: #2 Primary Tank inoperative
3. Oakwood Water re: Pumping Capacities
g. D. Truett, Pres. Angel Brook Civic Asscn. re: CATV service
h. R. E. Lapar Report re: Blockage of Stream near Fleetwood
STP and water pump station
i, Mr. Whipple re: No hook-up to water
6. COMMITTEE REPORTS
Fall Cleanup
7. UNFINISHED BUSINESS
A. Report from Wm. Horton on Dana Place Drainage
B. NYS DOT re: Bikeway along Rte 9D
D. R. E. Lapar report re: Road cut across Myers Corners Rd.
for Blooming Grove Dev.
8. NEW BUSINESS
9. ADJOURNMENT
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The Regular Meeting of the Town Board of the Town of Wappinger
was held on September 11, 1978 at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York.
Supervisor Diehl opened the meeting at 8:05 P.M.
Present:
Louis Diehl, Supervisor
Nicholas Johnson, Councilman
Leif Jensen, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Jon Adams, Attorney
William Horton, Superintendent of Highways
Rudolph Lapar, Engineer to the Town
Reports for the month of August were received from the Town Justices,
Building Inspector, Zoning Administrator and the Receiver of Taxes.
MR. DIEHL moved to accept and place on file reports for the month of
August from the Town Justices, Building Inspector, Zoning Adminis-
trator and the Receiver of Taxed.
Seconded by Mrs. Reilly.
Motion Unanimously Carried
Since there were a number of residents present from Naro Subdi'i-
sion in the Town, Mr. Jensen, who was chairing the meeting as Deputy
Supervisor entertained them at this time & asked that they state
their concerns.
Mr. Ed Carbinaro, Paulette Lane spoke on behalf of the residents &
informed the Board their concern was a lake in the subdivision that
was deeded, in part to some of the home owners. Their questions were,
who are the legal owners and where does the responsibility lie. Some
1 owners' deeds included the 1/45 interest in a lake and others did not.
Mr. Adams had researched & told the Board when this subdivision was
first formed & approved by the Planning Board, they directed that
the developer convey 1/45 interest of this recreation land to each
owner (there being 45 lots) within the subdivision. He further
checked with the Assessor who confirmed that the developer followed
through with this requirement. However, the problem was' now, that
when builders separately conveyed lots to home owners, they neglected
to include this 1/45 interest in the recreation area in the deed.
This had caused confusion and the Town is in the middle since the
only course of action they could take would be against the developer,
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but he has fulfilled all items that were mandated. Mr. Adams
felt this could be avoided in the future & he would advise the
Planning Board to require the creation of a Home Owners Association
in cases as this one and place title in the associations name, rather
than 45 individuals, At this point, these people would probably
need a correction deed. Other people in this development spoke
on the matter and they were all confused at this point.
MR. JOHNSON moved to direct the Attorney to write to the builders
requesting that they convey the 1/45 interest to the home owners of
the lake property and/or recreation area.
Seconded by Mr. Diehl.
Motion Unanimously Carried
Mr. JENSEN recommended that a letter be sent to the developer,
with a similar one to the Planning Board telling them of the
situation that has arisen so they are aware of it & make certain
it doesn't occur again.
Mr. Pagones, Wappinger Dutchess County Legislator was present &
Mr. Jensen asked him to speak to the public. One resolution that
was passed at the Dutchess County Legislature meeting held that
day was of interest to Wappinger and that was the authorization of
the sale of excess snow equipment to town highway depts. that
participate in the snow removal program for County roads. He was not
able to attend last months' meeting but he had called and advised
Mrs. Snowden that the Bike Path resolution was approved. He asked
the residents if they had any questions.
Mr. Diehl asked about the landfill problem.
Mr. Pagones replied that three resolutions on the landfill were con-
sidered last month. One was on the three selected sites for a land-
fill, the second was for the selection of two sites for a landfill
within the core area in conjunction with a solid waste disposal
system, the third one which was adopted was a plan by which the
county would make available all its resources, its investigations
and appropriate departments to work in conjunction with municipali-
ties who wish to develop landfils or maintain them within the N.Y.S.
Guidelines. This might seem like the County was dumping this problem
}hack to the towns, and in part, he agrees, so next month he is co-
sponsoring a resolution calling for a conference of all Town Super-
visors, Town Engineers, Solid Waste Commission, everyone involved in
13 )
County government & County Legislature to sit down together &
discuss solid waste.
Mr. Jensen, on the same subject, said recently he spoke to John
Barry, Administrative Aide t91amilton Fiah on the Solid Waste
Recovery System that was being proposed; he asked Mr. Pagones
if a full grant for this system was being proposed or would
some of it come from County residents, and when would this be
determined.
Mr.Pagones had met with a representative of the Federal govern-
ment, (Pyrolysis or Purex system) on Solid Waste & he could not
guarantee the amount of money forthcoming; we have entered into
an agreement with the State to receive a grant of approximately
12 i million, but there is a stipulation, namely, somewhere along
the funding steps,-3the county residents will have to contribute for
the construction of such a plant. As yet, there are no construction
figures set on this plant, just guesses.
Mr. Jensen, felt a letter should be sent from the County Legislature
to theDept. of Energy requesting 100% grant for this project, since
this probably would be a pilot plant.
A Public Hearing, having been duly held by the Town Board of the
Town of Wappinger on a Local Law Amending Local Law ##8 of 1977 on
Defective Highway Notice the matter was now placed before them for
their consideration.
MR. JOHNSON Moved to adopt Local Law ¢#4, 1978 Amending Local Law
##8 of 1977 on Defective Highway Notice as follows:
A LOCAL LAW OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY,
NEW YORK, TO AMEND LOCAL LAW NO.8 of 1977 PROVIDING
FOR WRITTEN NOTICE OF DEFECTIVE CONDITIONS OF HIGHWAYS
AND SIDEWALKS.
Introduced by Councilperson Johnson, seconded by Councilperson
Reilly.
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Local Law No.8 of 1977, a Local Law providing for written notice of
defective snow and/or ice conditions of highways and sidewalks, is
amended by adding thereto a new section,
Section 2-a The notice required by this section shall be in writing,
and shall state with particularity the nature of the defect and the
location of the defect. The location of the defect shalJjbe described
by street, and if street numbers exist, the street number of the nearest
residence or building to said defect, and if no street numbers exist, by
reference to the name of the nearest owner of real property. If the name
of the property, owner is unknoww,: .the defect shall be identified as the
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location by stating the distance and direction of the defect from the
nearest intersecting road. Descriptions by reference to the name of
the road only will not bb acceptable notice of the location of a de-
fect. Said notice shall also contain the name of the person giving
the defect together with the address and telephone number where the
person giving the notice can be reached during the day.
SECTION 2. This local law shall take effect immediately upon its
passage by the Town Board and upon its filing with the Secretary of
State.
Motion Unanimously Adopted.
A Public Hearing, having been held by the Town Board of the Town of
Wappinger on August 31, 1978 on a Local Law Amending Local Law #1 of
1976 Implementing the Fresh Water Wetlands Protection Law, the matter
was now placed before them for their consideration.
Mr. Jensen commented that, at the Public Hearing, several statements
were made by the residents against this amendment and further re-
search was being conducted by the Board.
MR. D IEHL moved that no action be taken on this matter tonight.
Seconded by Mr. Johnson.
Motion Unanimously Carried
A Public Hearing, having been held by The Town Board of the Town of
Wappinger on August 31, 1978 on a Local Law Amending Local Law #7
of 1975 Establishing Fleetwood Water District Rates, the matter was
now placed before them for their consideration.
MR. JOHNSON moved to adopt Local Law #5 of 1978 Amending Local Law
#7 of 1975 Establishing Fleetwood Water District Rates as follows:
Seconded by Mrs. Mills.
Motion Unanimously Carried
A LOCAL LAW AMENDING LOCAL LAW #5 of 1975 ESTABLISHING RATES
FOR THE FLEEWWOOD WATER DISTRICT.
BE IT ENACTED By the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
SECTION 1. Section 1 of Local Law No. 7 of 1975 is hereby amended:
SECTION 2. The following rates shall be charged for the Fleetwood
Water District:
A minimum of $9.90 per quarter or 70 per 1,000 gallons, whichever
is greater.
SECTION 3. This Local Law shall take effect upon adoption and as
provided by the Municipal Home Rule Law.
A Public Hearing, having been held by the Town Board of the Town of
Wappinger on August 31, 1978 on a Local Law Amending Local Law #4 of
1976 Establishing Fleetwood Sewer Rates, the matter was now placed
before them for their consideration.
MR. DIEHL moved to adopt Local Law #6 of 1978 Establishing Fleetwood
Sewer District Rates as follows:
Seconded by Mrs. Reilly.
Motion Unanimously Carried
thro A LOCAL LAW AMENDING LOCAL LAW #4 of 1976 ESTABLISHING RATES
FOR THE FLEETWOOD SEWER DISTRICT.
tbro BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
L
SECTION 1. Seetion 2 of Local Law #4 1o976 is hereby amended.
SECTION 2. The following rates shall be charged for the Fleetwood
Sewer District.
A minimum of $34.20 per quarter or $1.99 per 1,000 gallons of water,
whichever is greater.
SECTION 3. This Local Law shall take effect upon adoption and as
provided by Municipal Home Rule Law.
A Public Hearing, having been held by the Town Board of the Town of
Wappinger on March 6, 1978 on Cablevision Franchise, the matter was
now placed before them for their consideration.
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A resolution of adoption of the Cable franchise was read and dis-
cussion followed.
Mr. Russell Sutherland, being recognized by the chair, objected to the
adoption of this resolution because the company had not met the con-
ditions of the agreement. This gentleman resided in the Angelbrook
Development with underground utilites and they had been having a
difficult time communicating with the cable company in an effort to
Oho
have this service.
A letter was received from Mr. Dennis Truett, President of Angelbrook
Civic Association, requesting the Town Board to take action on the
cablevision problem in this development. He felt the Board Should act
as a mediator between them and the cable company to settle this matter
once and for all.
The addendum to the Franchise was then read and discussed, butidis-
satisfaction was still evident among the Angelbrook residents. The
information they sought on costs, still were not answered they claimed.
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MR. DIEHL moved to table this matter until next month & further that
the Attorney again contact Mr. Erichson of U.S.Cablevision, bring
forth the concerns of the residents in developments with under-
ground utilities, their costs for installation & laying the under-
ground cable and set a specific time limit for this to be accomplished.
Seconded by Mrs. Mills.
Motion Unanimously Carried
Mr. Diehl interrupted the agenda to speak to those present on the
vandalism problems we; are having. A roof was recently ripped off of
the water plant in Fleetwood; three arrests were made on this act and
they would be brought to court. He mentioned theft & damage to speed
limit signs, curve signs, street signs. He urged the people to cooperate
and "squeal"if necessary on anyone they suspected of such acts. An
unnamed street could result in the loss of life if the Fire Dept. or
Ambulance company has to waste time looking for a street. This pro-
perty belongs to them too, and this money being spent to replace the
signs and repair the damages is their money. He asked for cooperation.
Mr. Diehl then left the meeting due to sickness.
MR. Buyakowski, President of S.B.S.Equities was present to request
the Town to take over the road in his subdivision known as Sachson
Place. All requirements on subdivisions & new roads had been met.
This matter was tabled until later in the agenda.
MR. JOHNSON moved the names of Dick Horn & Gail Evans be appointed as
Dog Enumerators for 1978 for the Town of Wappinger and any person or
persons that may be selected by the Board before October 1, 1978.
Seconded by Mrs.Mills.
Roll Call Vote --4 Ayes
A letter was received from oxtae of the Attorneys designated to handle
the Town's Tax Reviews, regarding an old tax review, Benderson vs
Wappinger Central School and the Town of Wappinger.
MR. JOHNSON moved to table this matter until next month.
Seconded by Mr. Reilly*.
Roll Call Vote --4 Ayes
.835
Mr. Adams explained the next item, a Bond for Hall & Co. The
Envirodisc Corp. filed a lien against the Town of Wappinger, for
any monies that might be payable to Hall & Co., should be held
until the lien they have on Hall & Co. has been satisfied. We
may now release these monies to Hall & Co. and this bond will
assure payment, if necessary. One form of collateral is being
substituted for another; a court order has permitted this sub-
stitution.
MR. JOHNSON moved to accept the Surety Bond as protection against
the lien and any monies being held by the Comptroller on Hall &
Co. contract, be released.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
Mr. Jensen then went back to Item 4F on the Agenda, since Mr. Adams
had asked that it be tabled while he conferred with Mr. Buyakowski.
The easement seemed to be in order with one exception, it was an
easement with the corporation and he needed one with the Town.
It needed merely a transfer.
This matter was again tabled until later for an acceptance resolution
with conditions.
The following Local Law was introduced by Councilman JOHNSON.
A LOCAL LAW INCREASING DOG LICENSE FEES
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
SECTION 1. Commencing onth,effective date of this local law and
until September 30, 1979, the license fee for dogs, in addition to
other statutory charges, is hereby set as follows: (a) $2.00 for a
male dog and spayed female dog; (b) $2.00 for an unspaped female dog.
SECTION 2. Commencing on October 1, 1979, the license fee for dogs
kw shall be as follows: (a) $4.50 for a spayed or neutered dog; (b)
$9.50 for an unspayed or unneutered dog.
SECTION 3. Section 1 of this local law shall take effect immediately
upon filing in the office of the Secretary of State; Section 2 of this
local law shall take effect on October 1, 1979.
WHEREAS, there has been duly presented and introduced at a meeting of
this Town Board held on September 11, 1978 a proposed Local Law entitled
"Increasing Dog License Fees." and
WHEREAS, the provisions of the Municipal Home Rule Law requires that
no local law shall be passed by the Legislature 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 25th day of
September, 1978 at 7:00 P.M. on such day at Town Hall, Mill Street,
836
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 Mrs. Reilly.
Roll Call Vote --4 Ayes
The following resolution was offered by Councilman JOHNSON who
moved its adoption:
WHEREAS, the problems of proper disposal of waste has been a subject
of intense consideration by the Town Board of the Town of Wappinger
for many years, and
WHEREAS, the rapid growth of the town and the absence of suitable
landfill sites within the town attributable to the density of
population and the environmental considerations has frustrated and
prevented the development of waste disposal and landfill sites within
the town, and
WHEREAS, concern for environmental considerations require that waste
disposal be accomplished in a manner that is least damaging to the
ecological structure,. the same requiring in turn sophisticated
techniques for the disposal of waste, and
WHEREAS, to implement and realize the foregoing objectives necessitates
a considerable capital expenditure, and
WHEREAS, the absence of a county -wide or area waste disposal site or
facility will create substantial hardship for many residences and
commercial firms within the county in part attributable to the
necessity of reliance upon non-public waste disposal sites at
substantial costs, and
WHEREAS, the county has been frustrated in its efforts to monitor and
enforce its regulations governing the proper use of non-public waste
disposal sites, and
WHEREAS, the county has, to date, expanded a considerable sum of tax
revenues for the study of county -wide or area -wide waste disposal
sites, and
WHEREAS, in view of the foregoing, the county is the most qualified
agency to assume leadership in the implementation of county -wide or
area -wide waste disposal sites, now
therefore,
BE IT RESOLVED, after due consideration, that it is the recommendation
of the Town Board of the Town of Wappinger that (1) the County of
Dutchess under the leadership of its county legislature continue its
prior efforts to establish a new waste disposal site or facility for
use by county residents and municipalities, and (2) that such site or
facility utilize such techniques that will permit the disposal of
waste within acceptable environmental levels, and (3) that a timetable
for the actual development of such site be immediately adopted, and
(4) that actual implementation of the development of such site or
facility be commenced within one year.
9 837
Mrs. Snowden informed the Board that she & the Assessor had been
served with a number of Tax Reviews by corporations and they have
been forwarded to -the attorneys that the Board has designated to
handle these Tax Reviews.
MR. JOHNSON moved that the Tax Reviews served on the Town Clerk
be received and placed on file.
Seconded by Mrs.Mills..
Roll Call Vote --4 Ayes
kr/ A number of requests had been received from Town officials to attend
L
Seminars. Mrs. Connie Smith, Town Historian, Judge Vincent Francese,
& Mrs. Eleanor Croshier, Court Clerk, the Zoning Board of Appeals &
Mr. Thomas Logan again requested to attend a meeting and although
he had already attended one this year, he felt he could go in
Mrs. Timbo's place (clerk to the assessor) who had not attended any
this year.
MR. JOHNSON Moved to approve the requests of Mrs. Smith, Judge
Francese, & Mrs. Croshier & a letter be directed to the Zoning
Board & Planning Board &Mr. Logan advising them of the Town policy
of one conference per year, per person.
Seconded by Mrs. Reilly
Roll Call Vote --4 Ayes
A communication was received from the American Heart Association
advising the Board they were havinna Bike-A-Thon for the benefit
of the 1979 Dutchess County Heart Fund Drive on September 24, 1978,
rain date October 1st, 1978. They enclosed a map describing the
route and asked the Town for suggestions on safety measures to be
followed. They would be using the Town streets and they invited
the Town Board to participate.
MR. JOHNSON moved to direct a letter to the American Heart Association
advising them to contact the proper police agencies, such as the
Dutchess County Sheriff and the New York State Troopers.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
A recommendation was received from the Planning Board on the rezoning
request from Mr. Mozayeny on Route 9D. They recommended not the LB
zoning but OR zoning category for this parcel.
838
Mr. Saland, attorney representing Mr. Mozayeny, had attended the
Planning Board meeting when this recommendation was made and,
speaking for the petitioner, he said that was agreeable and a
letter would be sent to the Town Board stating the fact that they
were in agreement with the Planning Board's recommendation and
would change the request from LB to OR.
MR. JOHNSON moved to request the petitioner to write to the Town
Board stating that he would accept the OR zoning in place of LB
for this parcel and direct the attorney to draw up the necessary
resolution to set a Public Hearing.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
Mrs. MILLS moved to receive the letter from the Planning Board and
place it on file.
Seconded by Mr. Johnson.
Roll Call Vote --4 Ayes
Another communication from the Planning Board was in reference to
Cranbeixy Hills Project -Downstream Drainage Fees payment. A meeting
has been scheduled with D.W.S. Co. to discuss this item.
MR. JOHNSON moved to receive the letter & place it on file.
Seconded by Mrs. Reilly.
Roll Call Vote--4Ayes
Another letter regarding the Cranberry Hills Project -Realignment
of Widmer Road was received from the Planning Board.
Mr. Jensen remarked that this has been previously discussed & the
Board had agreed that when the project progressed to this point,
they would then take action on it.
MR. JOHNSON moved to receive this letter & place it on file.
Seconded by Mrs.Mills.
Roll Call Vote --4 Ayes
A report was received from Camo Pollution Control on L & A Sewage
Treatment Plant.
1/
:.839
Mr. Johnson explained this was an informational letter on the
problem of the collector drive chain & sprockets on tank #2 and
their efforts to solve the problem.
MR.JOHNSON moved that this letter be received & placed on file.
The second report from Camo was in reference to Oakwood Sewage
Treatment Plant, and they advised the Board that the #2 rectangular
primary tank at this plant was still inoperative due to a leak in
an undetermined location.
MR. JOHNSON moved to forward all the related correspondence on this
matter to Mr. Lapar for his review & recommendation to the Board
by or before September 25, 1978.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
The third report from Camo referenced to the pumping capacity of
the wells at Oakwood Knolls. It was a status report, no emergen-
cies and no Board action was requested.
MR. JOHNSON moved to receive the report & place it on file.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
Mr. Jensen then returned to Item 4F on the agenda, the acceptance
of Sachson Place es a Town road.
The following resolution was offered by Mr. JOHNSON who moved its
adoption:
WHEREAS, S.B.S. Equities, Inc. the owners of certain property in
the Town of Wappinger has offered to dedicate a parcel of land
known as Sachson Place in the Town of Wappinger, Dutchess County,
New York to the Town of Wappinger and
WHEREAS, a performance bond has been posted to guarantee the
completion of said road in accordance with the rules and regulatLons
of the Town of Wappinger,
NOW, THEREFORE, BE IT RESOLVED, that Sachson Place as more parti-
cularly described in a deedlfrom S.B.S.Equities, Inc. to the Town
of Wappinger dated August 4, 1978, was hereby accepted as a public
highway in the Town 05 Wappinger and, it is,
FURTHER RESOLVED that it has a maintenance bond
said road has been installed in accordance with
and regulations and a surety bond in the sum of
performance bond in form acceptable to the Town
the Town of Wappinger, and be it
to guarantee that
said towns rules
20% of the existing
shall be posted in
FURTHER RESOLVED that upon the signing of the said maintenance bond
the present performance bond shall be released by the Town Clerk of
the Town of Wappinger and be returned to S.B.S. Equities, Inc.,and
be it
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FURTHER RESOLVED that acceptance of said road shall be conditioned
upon payment by S.B.S. Equities, Inc., of the school taxes attri-
butable to the land so tendered for the school tax year commencing
on July 1st, 1978 through June 30th, 1979,and be it
FURTHER RESOLVED that the name of the road upon acceptance shall
be Sachson Place and
BE IT FURTHER RESOLVED that the acceptance of the roads shall be
conditional upon the tender to the Town in a form acceptable to
the Attorney to the Town those easement rights obtained by S.B.S.
Equities, Inc., from Salvatore and Livia Nicastro on September 11,
1978 together with such further documents deemed necessary by the
Town Attorney.
Seconded by Mrs. Reilly
Roll Call Vote --4 Ayes
Mr. Buyakowski, wished to shed some light on the cablevision
problem earlier discussed. He had been through this three years
ago with the cable company, they quoted him a figure of $5,100 to
service 23 homes with underground utilities. They would rebate
$100 for each home to him, if the owner hooked into the system.
He did not go through with this agreement he felt it exhorbitive
in price. He had this information on file and would provide the
Board with copies.
The following letter was received:
September 5, 1978
Town Board
Town of Wappinger
Mill Street
Wappingers -Falls, New York 12590
Re: Blockage of Stream near the
Fleetwood S.T.P. and Water
Pump Station
Dear Board Members:
On September 1, 1978, our field crew observed that the Owner of
some seven (7) acres south of the above captioned facilities has
dammed the stream.
Blockage of this sort was experienced by the Town several years
ago, with almost disastrous results to the Fleetwood Water and
Sewer Districts.
Your immediate action to have the Owner, Mr. Robert Osborne clear
the stream is urgently requested.
Very truly yours,
s/Rudolph E. Lapar, P.E.
It was Mr. Lapar's opinion that the stream referred to was a
Class "D" stream. He made a site inspection.'&'reported that
Mr. Osborne seems to think he has the option of doing whatever he
chooses with the stream, it beirgon his property. From an engineer-
ing standpoint, Mr. Lapar would want any diversion engineered & not
greater than what was there originally. Conservation Law may prevent
1141
him from doing this.
MR. JOHNSON moved that the Attorney send a letter to Mr. Osborne
with copies to Department of Environmental and the Dutchess
County Department of Health and notify them of the blocking of
this stream.
Seconded by Mills,
Roll Call Vote --4 Ayes
Communications were received from Mr. Whipple, Valley Road,
Mr. Sormani, Top o' Hill Road and also from Mrs. Buckley, Water
& Sewer clerk of the Town regarding permits which were obtained
by these people and two others, but, no hook-up made. A resolu-
tion had been passed by the Town Board on April 10th of this
year directing that anyone who had obtained permits be entered
into the killing cycle of the district. These people objected
to being billed for a service they were not being supplied with,
and they requested a refund and invalidatirn of the permit.
MR. JOHNSON proved to refund the monies paid by these residents
upon inspection by Engineer to confirm that they are not hooked
into the system and that these permits be invalidated.
Seconded by Mrs. Mills.:
Roll Call Vote --4 Ayes
MR. JENSEN asked the Town Clerk to request, from the Comptrollers'
office, or billing clerk a list of those residents, prior to
the new regulations, who obtained permits but have not hooked
into the system.
Mr. Stephen Saland, Attorney representing Sheraton Enterprises,
owner of a 5 acre parcel on the westerly side of Rte.9,inter-
section of Osborne Hill Rd., submitted a request to rezone this
parcel from residential to an LB designation. Their intention
was to construct a racquet ball club.
MR. JOHNSON moved to refer this rezoning request to the Dutchess
County Dept. of Planning & Town of Wappinger Planning Board for
their review and recommendation.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
A request was received from James Pagones, Wappinger County
Legislator for a speed limit of 30 M.P.H. on Chelsea Road.
842
MR. JENSEN moved that a request be sent to N.Y.S.Dept. of Trans-
portation for a speed limit of 30 M.P.H. on Chelsea Road.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
Under Committee Reports, Mr. Johnson reminded the Board, that at
last months' meeting, the Engineer was instructed to prepare an
study on landfill site to be located at Castle Point. This was
requested for the purpose of a fall clean-up for the Town, ex-
cluding metal. Approval had been given by the Dutchess County
Dept. of Health to use the site in the spring for a "one shot"
use. The Health Dept. now required that an engineering study be
made before we can utilize it a second time. Mr. Lapar did not
feel he was officially authorized to do this study, at the last
meeting.
MR. JOHNSON moved to set the week of October 23rd as Metal Clean-
up Week in the Town.
MR. JOHNSON moved to direct Mr. Lapar to prepare a full engineer-
ing study on the use of the landfill site at Castle Point for the
purpose of a complete pickup at a future time.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
MR. JENSEN moved to direct the Supervisor to contact the authorized
scrap dealer to notify him of the date of the Metal Clean -Up.
Seconded by Mrs.Mills.
Roll Call Vote --4 Ayes
MR. JENSEN reported on a meeting of the Tri -Municipal Commission
last Thursday. A representative of the firm of Eccosciences, the
firm conducting the Environmental Impact Study was present. This
firm would be holding public participation meetings, called work-
shop meetings. The first one would be conducted October 5, 1978,
at the Wappinger Junior High School at 8 P.M. Formal notices would
be sent out to all Town Clerks' in the area, news media & radio
stations. The purpose of these meetings is to find out the public's
sentiments on the need for services in specific areas that now have
septic systems. After these three workshop meetings are conducted,
a date for a formal Public Hearing will be set, which would probably
be sometime next year.
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Mr. Incoronato, being recognized by the Chair, brought up an
item in the paper regarding the E.P.A.'s comment on excessive
professional fees in the audit of Tri -Municipal.
Mr. Jensen explained that, as usual the whole story wasn't
printed, just highlights. There was a draft audit done by the
E.P.A. Audit Dept. in Nov. of 1977. The Commission received a
draft report of this audit in August of this year. In reviewing
various contractors records & their contracts with the Commission
they felt the 1.96 rate in fringe benefits was high. The auditors
for the Federal Government did not state what the rate
should have been, or recommend a rate. The Commission did
not accept this & responded with definite figures; the ironic
part, Mr. Jensen commented was that the E.'P.A. approved all these
contracts that were let out by the Commission, so they were well
aware of, or should have been, of this rate. They have had no
reply, as yet. He discussed other items in the audit and gave a
very descriptive accounting to Mr. Incoronato who was satisfied
with this explanation.
The following report was received from Mr. Horton:
August 16, 1978
Town Board
Town of Wappinger
Town Hall - Mill Street
Wappingers Falls, N.Y. 12590
Re: Dana Place - Drainage
Dear Board Members:
Enclosed please find Mr. Lapar's letter of July 17th relating to
the above. If the board goes with the "open ditch" plan Mr. Lapar
and I foresee the following problems, for which we have no answers:
1. How do we keep the ditch clean so it will be fully functional?
(Snow plowed off road into ditch line; driveways plowed into
ditch line; sand, etc.)
2. How do we cross driveways? An open ditch causes a large
bump at the driveway, and there would not be enough depth
to install a pipe under the driveway, which would result
in frost -heave. Additionally, if it were possible to in-
stall a pipe under the driveway, who would maintain it?
3. What do we do with the water below the point of discharge?
Past experience shows both the north and south corners at
the intersection of Dana and Wildwood have drainage dif-
ficulties already.
4. The residents claim there is no problem in the summer
months when apparently, water is able to be absorbed into
the ground. What happens in the winter when the ground
is frozen? Also, the water in the ditch line will not
be able to travel the necessary distance without freezing,
resulting in the same condition that now exists.
B4 11.
Again, I repeat, if the board decides to go with the "open
ditch" method, Mr. Lapar and I do not have the answers to these
problems.
Very truly yours,
s/William P. Horton
A letter was received from Mr. Lapar on the same subject indi-
cating that the construction costs on this project would be
approximately $5,000.
MR. JOHNSON moved to receive the report & place it on file.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
Mr. Jensen asked Mr. Horton if he had ascertained if there were
any illegal drains coming out at Dana Place. Mr. Horton replied
that he could not determine this until we get hard rains, & he
suspects that the drainage that is settling there is being pumped
out. He will keep the Town Board apprised- of this.
A letter waa received from the N.Y.S. Dept. of Transportation re-
questing the location of the beginning and ending of the pro-
posed bikeway project on Rte.9D in the Town of Wappinger that
had been sought by the Town Board.
The intention of the Board was to begin at the Hughsonville Traffic
Light at Old Hopewell Road up to the Village of Wappingers Falls
line. Mr. Jensen requested the Town Clerk to notify the N.Y.S.
Dept. of Transportation of this boundary for the proposed bikeway
project.
A report was received from Mr. Lapar regarding the open cut on
Myers Corners Road for Blooming Grove Associates. The Dutchess
County Dept. of Public Works refused to allow an open cut across
Myers Corners Road. They had contacted Mr. Lapar informing him
that test borings in the area revealed that rock would probably
not be encountered & they requested that the crossing be made for
the water main via the boring method.
MR. JOHNSON moved that a letter be sent to Mr. William Bathrick,
Ass't. Civil Engineer in the Dutchess County Dept. of Public
Works, Mr. Peter Anagnos, Director of Engineering, James Spratt,
Commissioner of Dutchess County Public Works & Mr. James Benson,
Dutchess County Executive, Louis DiBiase and the Wappinger County
Legislators asking them why the Town is constantly being refused
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our recommendations on an open cut across Myers Corners Road.
Alert them of the fact that their workmen recently performed
the same cut across New Hackensack Road with the same soil
conditions. Further, he moved that the wording "stop discrim-
inating against the Town" be used in this letter.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
Under unfinished business, Mr. Jensen questioned Mr.Lapar on the
matter of the Fleetwood Fence Encroachment on Town's property,
is there a reason why the fence hasn't been removed.
Mr. Lapar inspected the site today and thought Mr. Osborne was
having a surveyor move it. Furthermore, he told Mr. Lapar that
he asked the neighborhood kids if he could put up a fence in
the middle of their ballfield, and they said it was alright.
The Attorney had directed Mr. Osborne to remove it, as it was
on Town property.
MR. JENSEN moved to direct a letter to Mr. Ruit, Zoning Adminis-
trator and ask him to pursue this matter with appropriate action.
Seconded by Mrs. Reilly.
Roll Call Vote --4 Ayes
Under new business, Mr. Jensen informed the Board that the date
of the next meeting would fall on Columbus Day, October 9th, when
all Town offices would be closed.
MR. JENSEN moved to change the regular Town Board meeting scheduled
for October 9th to Thursday October 12th at 8 P.M.
Seconded by Mr. Johnson.
Roll Call Vote --4 Ayes
Mr. Joseph Norman, 44 Alpert Drive, being recognized by the Chair,
asked the Board if they could get action on changing a "Stop"
sign. All Angels Hill Road has recently been reconstructed by
the County and on this new part of the road which now transects
Tor Road and Alpert Drive there was a Stop sign at the end of
Alpert Drive. This road has been extended about five yards where
there is another Stop sign. The first Stop sign should be changed
since these signs are too close together. He also informed the
Board this area was becoming a dumping ground for garden debris,
not garbage.
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MR. JOHNSON moved to direct a letter to Mr. James Spratt,
Commissioner of Dutchess County Public Works requesting that
his department review these Stop signs and take the necessary
action to correct the situation, and further apprise_ Mr.
Spratt that Old All Angels Hill Road is being used for the
dumping of garden debris. Mr. Robert Ruit, Zoning Administrator
should also be informed of the dumping in this area.
Seconded by Mrs. Mills.
Roll Call Vote -4 Ayes
Mr. Jensen expressed concern upon learning of approval by the
Village of Wappingers Falls Planning Board of construction of
gas pumps at Sparkle Plenty Car Wash on New Hackensack Rd.
MR. JENSEN moved to direct a letter to Dutchess County Dept. of
Health, Mr. John Haubennestel, Zoning Enforcement Officer of the
Village of Wappingers Falls and the Village Planning Board ex-
pressing the concern of the residents of Dorothy Heights,and the
Town Board of gas pumps being located so close to their homes
that are well fed. A resolution to this effect had been sent to
the Village Board of Trustees in 1972 (he asked the Town Clerk
to research the exact date of this resolution) which named pro-
blems of wells being contaminated and the problem of the traffic
flow this would generate at that location.
Seconded by Mrs. Mills.
Roll Call Vote --4 Ayes
Mr.Michael Hirkala, being recognized by the chair, alerted the
Board of the fact that the Handy Shop Store on Rte.9, in the Town
of Wappinger has contamination in their wells, and this added to
it, could create a serious problem.
Mrs. Mills asked Mr. Horton about replacing street signs in the
Wildwood Forest development. Also, "No parking signs" were needed
at the Bell Site, Old Hopewell Road in the Town to enforce the
Local Law adopted for that site.
The following late correspondence was read:
September 9, 1978
Members of the Town Board
Dear Sirs:
I am informing you that the stream on my property has been
closed off. It was filled to a point to closed it off. As you
know its a class D stream and was cut off by the developer. The
state grants that I also may fill it in so I have done so.
I wish you to know that in the future if any damage to my
lro rt comes from.tbe water.out of those pipes I will take
egal action as I will have a dust cause to.
Thank you Kindley
s/A.Cinelli, Jr.
100 Myers Corn.Rd.
Wapp.Falls
MR.JENSEN directed that a copy of this letter be sent to D.E.C.
indicating in a cover letter that the Town Board is concerned
about this action and referred the matter to the Attorney for
his review.
Mrs. Mills moved to adjourn the meeting, seconded by Mrs. Reilly
and unanimously carried.
The meeting adjourned at 11:30 P.M.
Reg.Meeting 9/11/78
Elaine H. Snowden
Town Clerk
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