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1977-03-15 SPMA Special Meeting of the Town Board of the Town of Wappinger was held on March 15, 1977 at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on March 11, 1977, calling the meeting for 8:00 P.M. March 15, 1977, for the purpose of considering the adoption of the Local Law Regulating the Use of Lands Within the Town of Wappinger as a Dump or Dumping Grounds. Notices were mailed to the W&SD News Poughkeepsie Journal, Beacon Evening News, radio stations, WEOK, WBNR, WHPN and WKIP on March 11, 1977, and a notice of said meeting was also posted on the Town Clerk Bulletin Board March 11, 1977. Supervisor Diehl called the meeting to order at 8:00 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, ,j Town Clerk Others Present: Jon Adams (from Mr. Rappleyea's Office) A Public Hearing having been duly held on a proposed Local Law Regulating the Use of Lands Within the Town of Wappinger as a Dump or Dumping Grounds, at which all interested persons were heard, the matter was placed before the Board for their consid- eration. MR. JOHNSON moved to adopt Local Law #1 of the Year 1977 Regulat- ing the Use of Lands Within the Town of Wappinger as a Dump or Dumping Grounds (the text of which is attached hereto and made part hereof of the minutes of this meeting). Seconded by Mr. Jensen Roll Call Vote: Councilman Clausen Councilman Jensen Councilman Johnson Aye Ave Ave Councilman Versace Aye Supervisor Diehl Aye to 161 r Local Law #1 1977 Duly Adopted MR. JOHNSON moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The Meeting adjourned at 8:02 P.M. 713-14AJJ �1 ��� dl•�c Elaine H. Snowden Town Clerk Spl. Mtg. 3/15/77 TOWN OF WAPPINGER LOCAL LAW NO. 1 62 41 A local law regulating the use of lands within the Town of Wappinger as a dump or dumping grounds. - Be it enacted by the town board of the Town of Wappinger as follows: ARTICLE I PURPOSES AND APPLICATION Section 1.1 Legislative Intent. By the adoption of this. local law, the town board of the Town of Wappinger declares its intent to be to regulate in a manner consistent with the interest of the citizens of the Town of Wappinger, the dumping of garbage, rubbish, refuse and similar waste material on the lands within the town. Garbage is a deleterious substance and garbage dumps emit obnoxious odors and fumes.. Unattended, private garbage dumps and disposal areas attract rodents and vermin and become breeding places for them. The process of burning garbage causes smoke and oxidized garbage to be given off into the air which the community breathes. All of theseconditions can adversely affect the development of the town unless they are properly and carefully regulated. Therefore, recognizing the above and the need of the community for an adequate and well regulated procedure for regulations in the exercise of its police power in these regards, be it enacted by the town board of the town of Wappinger as follows: Section 1.2 Application. This local law shall apply to dumping upon all lands, public or private, within this town, exclusive of lands lying within the Village of Wappinger Falls. ARTICLE II DEFINITIONS Section 2.1 Definitions. A. Person. The word person as used in this local law shall include an individual society, club, firm, partnership, corporation, or association of persons, and the singular number shall include the plural number. 0 1 62 4, B. Resident. The term resident as used in this law, shall =lean those persons having 'their domicile within the - limits of the said Town of Wappinger, Dutchess County, New York. C. Refuse. The term refuse as used in this law, shall include waste metal, metal cans, ashes, cinders, glass, pottery, paper, cardboard, rags, bottles, rubbish, wood, lumber, and all other discardable substances, other than garbage. D. Garbage. The term garbage as used in this law shall include waste food, or parts thereof, vegetable matter of any kind, or any other matter which shall be capable of fermen- tation or decay, or which shall give off an odor. • ARTICLE III PROHIBITED ACTIVITIES AND PENALTIES Section 3.1. Dumping Prohibited. The use of private or public lands within the town of Wappinger as a sanitary landfill site, dump, dumping ground, storage or disposal facility for refuse or garbage is hereby prohibited. Section 3.2. Automobiles Prohibited. No person shall carry or leave, or cause to be carried or left within the town li54`any automobile, vehicle, or any junk car either as a whole or dismantled,or any parts therefrom, including tires unless within a licensed junkyard. Section 3.3. Dead carry or leave or cause town any dead animal or Animals and Fowl. No person shall to be carried or left within the fowl. Section 3.4. No person shall carry or leave, or cause to be carried or left within the town any animal or fowl waste, excrement, discharge, secretion or feces. Section 3.5. Dumping Materials From Outside Town. The use of -any lands within the town of Wappinger as a dump, dumping grounds, storage or disposal facility for any refuse, garbage, waste papers, rags, scraps of any kind or description or any discarded material commonly termed junk or trash where such items originate from outside -the town of Wappinger is hereby prohibited. Section 3.6. Removal and Transportation. No person shall remove or transport or permit the removal or trans- portation of any offensive material within the town of Wappinger, except in such a manner or by such conveyance as will prevent the creation of a nuisance or the loss or discharge of such material in any public place except as otherwise provided herein. All such material shall be so handled and covered, so it cannot escape or be accessible to rodents, flies, or other insects or create a nuisance. Section 3.7. Household Use. No provision of this law shall be deemed to prohibit an owner or tenant of real pro- perty from disposing of his own household refuse or garbage on his own land, provided that any such garbage or refuse shall be buried under at least six inches of soil. Section 3.8. Violation. Any person who commits, causes or permits any acts in violation of any of the provisions of this local law shall be guilty of an offense and upon conviction shall be subject to a fine of not more than fifty dollars or imprisonment not exceeding fifteen days or both such fine or imprisonment. Section 3.9. Civil Remedy. In addition to the penalties provided herein, the town board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction, the violation of this local law. Section 3.10. Saving Clause. If any clause , sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been recorded. Section 3.11. All ordinances or regulations heretofore adopted in relation to dumping in the town of Wappinger are still in force unless inconsistent with this local law, which shall prevail in the event of inconsistencies. 3.12. Effective Date. This local law shall take effect immediately upon compliance with the provisions of the Municipal Home Rule Law. CRAN2ERRY HILLS WATE3 -72.1.PRCVPMENT .1-21=FTTELI 11/ 110l.P11"\i""""" Beginning at a point on tho northerly of Myers Corners Road, said point beimj oppo:-.;it..:2 the 1L,.`_:..:rsect.ion of Myers Corners Road a/1Z1 Nent Roi. 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IMP:0`77J.H%:T 777— ._'T ^ ` (:-'or t',i) ":.�6°38' -tO" W 4°18'2';" E I()2.82' S2< )2C)',};" L 97.63' S') _') _„ 1')" r, 25.02' S84°07'16" , . .: �J ' S14327198" v 3"17' 13" 1; - Sl1°1( 'tri)" iv S26')5-1' ) 3" 1, r'^i. 7' S',`,`)',j ' 30" kyr ,. to the point or place of: h,,.r;r.lin. 1/76 /51 A Public Hearing was held by The Town Board of the Town of Wappinger March 15, 1977, at the Town Hall, Mill Street, Village of Wappingers Falls, Dutchess County, New York on a Proposed Local Law Regulating The Use of Lands Within The Town of Wappinger;. As A Dump Or Dumping Ground and further prohibiting the bringing of refuse or garbabe into the Town of Wappinger and disposing of same therein, and further pito • - viding for penalties for the violation of said Local Law. The Hearing gpened at 7:11 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen,.Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Others Present: Jon Adams (Representing Allan Rappleyea, Attorney to the Town) Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publi- cation duly signed and notarized by Albert Osten of the W & B D News, thd.s notice was published in both the W & S D News and the Poughkeepsie Journal. (Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). The Town Clerk read the notice of The Public Hearing and also The Local Law. The Town Clerk stated a letter was received From Rockingham Farms Homeowners Assn., Inc. The letter reads as follows: March 12, 1977 Town Board Town of Wappinger Dutchess County, New York Gentlemen: Recently, we have been asked to support several Civic Associations in their efforts to block any garbage disposal site at Parkers Outdoor World. The Officers and Board of Directors of the Rockingham Farms Homeowners Association voted unanimously on March 10th to submit the following article to appear in the Poughkeepsie Journal. "We support the Wappinger Town Board in their efforts to pass a local ordinance prohibiting the use of private or public lands within the Town of Wappinger as a sanitary landfill site, dump, dumping ground, storage or disposal facility for refuse or garbage." Rockingham Farms Homeowners Association We will continue to support your efforts to eliminate the use of our Town as the dumping ground for the Core Area. Yours truly, S/John J. Mooney Vice President Mr. Edward Carbonaro presented a petition with names of almost 4,500 people. (This petition with the names are zerox copies of the originalsthat were presented to the Dutchess County Legislature on March 14, 1977. The orginals are on file with the Dutchess County Clerk of the Board, Elise Ross.) Susan Rudder, Robinson Lane stated that Mr. Gubotose might want to put a balefil at Parkers. Will this law keep him from doing so? She felt Robinson Lane would not be able to cope with all this traffic, heavy trucks, etc. If trucks are coming in from Noxon Road, they won't turn around and go back to Poughkeepsie, they will come out on Rte. 376. Can you keep trucks out? Henry Semp, All Angels Hill Road saw an ad in the paper from The Southern Dutchess Civic Association -The county runs the airport and they should have the obvious solution to solid waste proposed dilema. The County would have to bya a high compressor. He wants to know why did they choose the County Airport as a site instead of Gubotose's Parkers World or Sylvan Lake Area as another site. He asked another question, he had wood -life that he waists to get rid of -it's a wood preserver that's killing the animals.. Mr. Jensen made a reference to an article in the Daily News entitled "Something Stinks Here". When a private sector was given permission to operate a landfill that's supposed to be local in nature but garbage was being imported from New Jersey and thiw was contaminating the Croton Reservoir. This article is on file at The Town Clerk's Office for anyone who wishes to read it. Donna Batson - 2 Robinson Lane - She read that the County thinks and says they can override any Town Law. Mr, Johnson - This law we are speaking of tonight is not the first law of kind the Town has. Local Law # 1 of 1969 is an anti-dumping law. This law makes it just a little bit stronger. Susan Rudder - If the County does challenge this law & goes to court, would this be the usual court procedure, would it take 2, 3 even 4 years or would it be settled right away. Mr. Adams said the municipalities have preference. Mr. Jensen moved to close the Hearing seconded by Mr. Johnson. The Hearing closed at 7:31. P.M. Elaine H. Snowden Town Clerk V0/. and S. D. NEWS DISPLAY ADVERTISING -` CLASSIFIED ADVERTISING 914-297-3723 84 EAST MAIN STREET . WAPPINGERS FALLS PLEASE TAKE -NOTICE Mat `the '. Town Board of the Town of Waooinoer will conduct a Public Hearing at Town Hell, Mill Street, Wappingers Falls, New-, , York' on Tuesday, March lS, 1977 at 7:00 P.M. EST, to hear all con-- earning a proposed Local.r' Law F. regulating the use of lands within, the Town of Wapp;nger, exclusive* of the ; Village of Wappingers Falls, as a dump • or dumping grounds, end further prohibiting the bringing ofrefuse •or ' - garbage into the Town of Werigin9er and disposing of same therein' and further• providing for penalties for the violation of said l.Ocal.Law... - • ":. Elaine H. Snowden Town Ckerk,. "...Dated: March E, 1917 : h€: AFFIDAVIT OP PUBLICATION State of New York. County of Dutchess, Town of Wappinger. Beatrice Osten of the Town of Wappinger. Dutcbess County. New York. being duly sworn. says that he 111 and it the several times hereinafter was, the.0 o: Ed it ax:1101„ .S btrf W. & S.D. NEWS. a newspaper printed and published every Thursday in the year to the Town of Wapptnger. •Dutchess County. New York. and that the annexed NOTICE was duly published in the said newspaper for ... R4P...week successively..4ASq...in each week. commencing on the....9.tb..day of...Maxc12. 1977. and on the following dates thereafter. namely on and ending on the....:ith ..day of....1x�1.... .1977. both days inclusive. 65;;-. Subscribed and sworn to before me this 9th...day of....11Gh 19..73 My commission expires Notary Public AL'LRT M. NOTARY PUBLIC, S; Ai;: C i f:::1 YORK QUAL'FIEo IN v4 J 1:Cu Y C©MMiSSICh EXPILLS L,;,Fi::! 30, i3.!v TOWN: BOARD:, TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF PROPOSED LOCAL. LAW REGULATING THE USE OF LANDS WITHIN THE TOWN OF WAPPINGER AS A DUMP OR DUMPING GROUND STATE OF NEW YORK ) .) ss: COUNTY OF DUTCHESS ) says: •AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and 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 March 8, 1977, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law regulating the use of lands within the Town of Wappinger, exclusive of the Village of Wappingers Falls, as a dump or dumping grounds, and further prohibiting the bringing of refuse or garbage into the. Town of Wappinger and disposing of same therein, and further providing for penalties for the violation of said Local Law, 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 1714 1977. Elaine H. Snowden Town Clerk Town of Wappinger •• /(/-37S3d00. 3/3o Notary Public `