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1976-07-12 RGMTOWN BOARD TOWN OF WAPPINGER AGENDA JULY 12, 1976 1. SUPERVISOR CALL MEETING TO ORDER 2. Roll Call 3. Accept Minutes May 10, '76 Reg., May 27, '76 Special, June 7, '76 Special: June 14, '76 Reg., June 22, '76 Special 4. REPORTS OF OFFICERS Supervisor - Town Justices - Bldg. Insp. - Receiver of Taxes Zoning Administrator - Twn. Clerk, receipt of Report of Examination from Audit & Control - Bi -Annual Report, V. Ferris, Historian 5. RESOLUTIONS a. Local Law for Freshwater Wetlands Act b. Vacancy on Recreation Commission (to 5/1/79) c. Authorize Cons. Adv. Council to receive gifts of property d. Authorize signing of release - Tyson Concrete Corp. 6. PETITIONS & COMMUNICATIONS a. Designate Polling Places b. Bid for demolition - MTS Corp. (Zng. Adm.) c. Bid Report Contract #9 d. John Salamy - Tall Trees Water Problem e. Christine Brady & residents, Brook Place re: Road f. D. Alexander re: Bid for Ardmore Hills Water Imp. g. Mrs. D. Wilkinson re: Street light for Kent Rd. & Applesauce Ln_ h. Ruth Martin re: Shooting in Reese Park i. Connie Nascarella, Quiet Acres re: Section of Fence missing j. Frank Robinson re: Sand in Water -120 Edgehill Drive k. Camo Pollution Control Reports: 1. Curb Cock leak, 15 Applesauce Lane - with letter from R. Lapar. 2. Contract Agreement - 0 & M 3. Physical & Chemical testing of Water 1. Rudolph E. Lapar Reports: 1. CWW Imp. Contract #1 water lines ready for use 2. Recommendations re: possibility of extending Hilltop & Rockingham Farms Water Tanks 3. Pipe Insulation - Lateral lines 4. Water Service Main to White Gates Apts. tested 5. Smith & Loveless Pumping & ejector station m. NYS Dept. En. Con. Comments on Inspection of Wastewater Treatment; Facilities. n. Wm. Horton re: Revisions to Highway Specs. 7. REPORTS OF COMMITTEES 8. UNFINISHED BUSINESS 1. Report from Lapar re: Joern-Olaf Weber Property 2. Fencing Rockingham Farms water Storage tank 3. Response to S. Anderson re: Foundation Surveys 9. NEW BUSINESS 10. ADJOURNMENT f 2Y -t The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on July 12, 1976 at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:04 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk Others Present: Jon H. Adams, Attorney from Mr. Rappleyea's Office William Horton, Superintendent of Highways Rudolph Lapar, Engineer to theTown Matthew Ryan, Comptroller The Minutes of the May 10, 1976 and June 14, 1976 Regular Meetings and the May 27, 1976, June 7, 1976, and June 22, 1976 Special Meetings having been ppe'iously sent to the Town Board members, were now placed before them for their approval. MR. CLAUSEN moved the Minutes of the May 10, 1976 and June 14, 1976 Regular Monthly Meetings, and the May 27, 1976, June 7, 1976 and June 22, 1976 Special Meetings, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Johnson Motion Unanimously Carried Reports for the month of June were received from the Supervisor, Town Justices, Receiver of Taxes, Building Inspector and Zoning Administrator were received, as was the BiAnnual Report from Virginia Ferris, Town Historian. Mrs. Snowden also reported that she had received and filed, on June 22, 1976, the Report of Examina- tion by the New York State Department of Audit and Control on the fiscal affairs of the Town of Wappinger for the period bec4inning January 1, 1972 through December 31, 1974. MR. CLAUSEN moved that all the reports be accepted and placed on file. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Ryan, the Comptroller, reported to the Board that he had received a verbal request from Dave Alexander Inc. for the payment of all retained percentages held by the Town, and they will, in return they will pledge security by posting with the Town either Certifi- cates of Deposit or Treasury Bills. Mr. Ryan has no particular objections to this request, but pointed out that in order to honor their request the Town would have to go to bonding to meet certain obligations prior to the end of the retainage periods. Mr. Clausen stated he believed the Board should go by the contract as signed, and not put the Town in any financial difficulty, there- fore, catagorically deny Mr. Alexander's request. Mr. Versace asked if any of the residents had any questions for Mr. Ryan with regard to the recent Town audit by Audit & Control. There were no questions, and Mr. Ryan was excused. The following Local Law, entitled Freshwater Wetland Protection Law, was placed before the Town.Board for their consideration. (The text is attached hereto and made part hereof of the minutes of this meeting). See Following Page DEPARTMENT OF ENVIRONMENTAL CONSERVATION MODEL LOCAL GOVERNMENT FRESHWATER WETLANDS PROTECTION LAW Table of Contents Section 1 - Short title. Section 2 -.Declaration of policy. Section 3 - Statement of findings. Section 4 - Definitions. Section 5 - Permits. Section 6 - Application for permit; processing. Section 7 - Public hearing on permit application. Section 8 - Decision on permit application. Section 9 - Standards for permit decisions. Section 10 - Conditions to a permit. Section 11 - General powers of the Agency. Section 12 - Other laws and regulations. Section 13 - Bonding requirements. Section 14 - Suspension or revocation of permits. Section 15 - Violation; penalties. Section 16 - Enforcement. Section 17 - Review and appeal. Section 18 - Severability. Section 19 - Effective date. Local Law. No. of 1976. A LOCAL LAW of the Town of Wappinger pursuant to Article 24 of the State Environmental Conservation Law to provide for the protection, preservation and conservation of the fresh- water wetlands within its boundaries by establishing a permit sys- tem with regard to regulated activities in freshwater wetlands and adjacent areas and by establishing the procedures and standards for the processing of permit applications. BE IT ENACTED by the Town Board ofthe Town of Wappinger, Dutchess County ; T'Tw York, as follows: Section 1. Short title. This law shall be known as the Freshwater Wetlands Protection Law of the Town of Wappinger. Section 2. Declaration of policy. It is declared to be the public policy of the Town of Wappin- ger to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands, and to regulate the develop- ment of such wetlands in order to secure the natural benefits of freshwater wetlands, consistent with the general welfare and bene- ficial economic, social and agricultural.development of the Town of Wappinger . It is further declared to be the policy •kr-; of the Town of Wappinger to exercise its authority pursuant to Article 24 of the State Environmental Conservation Law. Section 3. Statement of findings. 1. The freshwater wetlands located in the Town of W,ppin- ger areAinvaluable resources for flood protection, wildlife habitat, open space and water resources. 2. Considerable acreage of freshwater wetlands in the Town of Wappinger has been lost, despoiled or impaired by unregu- lated draining, dredging, filling, excavating, building, pollution, or other acts inconsistent with the natural uses of such areas. - 2 - ,.2--- Le Other freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such unregulated acts. 3. Recurrent flooding aggravated or caused by the,loss of freshwater wetlands has serious effects upon natural ecosystems. 4. rreshwater wetlands conservation is a matter of town concern. L 5. Any loss of freshwater wetlands deprives the people of the Town of Wappinger of some or all of the many and multiple benefits to be derived from wetlands, to wit: (a) flood and storm control by the hydrologic absorp- tion and storage capacity of freshwater wetlands; (b) wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, wildfowl and shorebirds, including migratory wildfowl and rare species; (c) protection of subsurface water resources and pro- vision for valuable watersheds and recharging ground water supplies; (d) recreation by providing areas for hunting, bird watch- ing, photography and other uses; (e) pollution treatment by serving as biological and chemical oxidation basins; (f) erosion control by serving as sedimentation areas and filtering basins, absorbing silt and organic matter; (g) education and scientific research by providing read - 3 ily accessible outdoor bio -physical laboratories, living class- rooms and training and education resources; (h) open space and aesthetic appreciation; and (i) sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish. 7. Regulation of freshwater wetlands, in accordance with the agricultural exemption established in Section 5 hereof, is consistent with the legitimate interests of farmers and other landowners to graze and water livestock, make reasonable use of water resources, harvest natural products of the wetlands, selec- tively cut timber and otherwise engage in the use of land for ag- ricultural production. Section 4. Definitions. The following terms, phrases, words and theirderivatives shall have the meaning given herein: 1. "Adjacent area" means any land in the Town of Wappinger immediately adjacent to a freshwater wetland lying within 100 feet, measured horizontally, of the boundary of a freshwater wetland. 2. "Agency" means the Town of Wappinger. 3. "Applicant" means any person who files an application for any permit issued by the Agency pursuant to this law, and includes the agent of the owner or a contract vendee. 4. "Board" means the Freshwater Wetlands Appeals Board estab- lished by Article 24 of the State Environmental Conservation Law. 5. "Boundaries of a freshwater wetland" means the outer limit of the vegetation specified in paragraphs (a) and (b) of subdivision 7 of this section and of the waters specified in paragraph (c) of such subdivision. 6. "Town" means the Town of Wappinger. 7. "Freshwater wetlands" means lands and waters lying within the boundaries of the Town of Wappinger as shown on a fresh- water wetlands map which contain any or all of the following:. (a) lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi - aquatic vegetation of the following vegetative types: (1) wetland trees, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees; including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), American elm (Ulmus americana), and larch (Larix laricina); (2) wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs; including,anong others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), and leatherleaf (Chamaedaphne calyculata); 5 (3) emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bul- rushes (Scirpus spp.), arrow-arum (Peltandra virginica), arrow- heads (Sagittaria spp.), reed (Phragmites communis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loose- strife (Lythrum salicaria), swamp loosestrife (Decodon verticil- latus), and water plantain (Alisma plantago-aquatica); (4) rooted, floating-leaved vegetation; including, among others, water-lily (Nymphaea odorata), watershield (Brasenia Schreberi), and spatterdock (Nuphar spp.); (5) free floating vegetation; including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolfria spp.); (6) wet meadow vegetation, which depends upon season- al or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other open land vegetation; in- cluding, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails ,(Typha spp.), rice cut -grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis spp.); (7) bog mat vegetation; including among others, sphagnum mosses (§2ahnum spp.), bog rosemary (Andromeda glauco- phylla), leatherleaf (Chamaedaphne calyculata), pitcher plant -, (Sarracenia purpurea), and cranberries (Vaccinium macrocarnon and V. oxycoccos); (8) submergent vegetation; including, among others, pondweeds (Potamogeton-spp), naiads4(Najas spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort (Mitella spp.), waterweeds (Elodea spp.), and water smartweed (Polygonum � A amphibium); (b) lands and submerged lands containing remnants of any vegetation that is not aquatic or semi -aquatic that has died because of wet conditions over a sufficiently long period, pro- . vided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human interven- tion; (c) lands and waters enclosed by aquatic or semi -aquatic vegetation as set forth herein in paragraph (a) and dead vegeta- tion as set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and semi -aquatic vegetation; and (d) the waters overlying the areas as set forth in (a) and (b) and the lands underlying (c). 8. "Freshwater wetlands map" means a map on which are in- dicated the boundaries of any freshwater wetland and which has been filed with the Clerk of the Town of Wappinger by the State Department of Environmental Conservation pursuant to Section 24-0301 of the State Environmental Conservation Law. 9. "Local government" means a city, county, town or vil- lage, and where not specifically designated, the Town of Wappinger. 10. "Party in interest" means the applicant, the Agency, the State Department of Environmental Conservation, each local govern- ment in which the regulated activity or any part thereof is located, and any person who appears and wishes to be a party in interest at the public hearing held pursuant to Section 7 of .this law. 11. "Person" means any corporation, firm, partnership, associa-, tion, trus., estate, one or more individuals, and any unit of govern - went or agency or subdivision thereof. 12. "Pollution" means the presence in the environment of human - induced conditions or contaminants in quantities or characteristics which are or may be injurious to humans, plants, animals or property. 13. "Project" means any action which may result in direct or indirect physical impact on a freshwater wetland, including but not limited to, any regulated activity. 14. "Regulated activity" means any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate from any freshwater wetland, either directly or indirect- ly; any form of dumping, filling, or depasiting of any soil, stones, sand, gravel, mud, rubbish or fill of any kind either directly or indirectly, erecting any structures or roads, the driving of pilings, or placing_of any other obstructions whether or not changing the ebb and flow of the water; any form of pollu- tion, including but not limited to, installing a septic tank, running a sewer outfall, discharging sewage treatment effluent, or other liquid wastes directly into or so as to drain into a freshwater wetland; that portion of any subdivision of land that involves any land in any freshwater wetland or adjacent area; and any other activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in section 3 of this law. 15. "Selective cutting" means the annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more particular species of trees. 16. f'State agency" means any State department, bureau, corn - mission, board or other agency, public authority or public benefit corporation. 17. "State" means the State of New York. 18. "Subdivision of land" means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of -sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installa- tion of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. Subdivision of land shall include any map, plat or other plan of division of land, whether or not previously filed. Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses and shall not include the division of land by bona fide gift, devise or inheritance. 19. "Town Clerk" means the duly elet ed town clerk of the agency or her representative. Section 5. Permits. 7. 1. Except as provided in subdivision 2 of this section, no person shall conduct a regulated activity on any freshwater wet- lands or adjacent area unless such person has first obtained a permit pursuant to this law. 2. No permit under this law shall be required for: (a) The deposition or removal of the natural products. of freshwater wetlands and adjacent areas by recreational or com- mercial fishing, shellfishing, aquiculture, hunting or trapping, where otherwise legally permitted and regulated. - 10 - 11 1 1111 1111.01.1 11 11111 shi 1 11 1 or 1, 1 1 (b) The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of wetlands or adjacent areas, selective cutting of timber, draining land or wetlands for growing agricultural products, and otherwise engaging in the use of wetlands or other land for growing agricultural products, ex- cept that structures not required for enhancement or maintenance of the agricultural productivity of the land and any filling ac- tivities shall not be excluded hereunder. Each farmer or other landowner who intends to conduct an otherwise regulated activity shall notify the Agency in writing, prior to conducting the ac- tivity, of his or her intention to engage in such activity, stat- ing the approximate acreage of freshwater wetland or adjacent area affected, the location thereof, the methods to be employed, and the uses to be made of such land. A soil and water conservation plan prepared by a Soil and Water Conservation District and filed with the Agency shall be deemed sufficient notification for the purposes 9f this paragraph. (c) Public health activities, orders and regulations of the State department of health, county department of health, or other, as applicable, undertaken in compliance with section 24-0701 (5) of the State Environmental Conservation Law. (d) Activities subject to the review jurisdiction of the State Public Service Commission ot the New York State Board on Electric Generation Siting and the Environment under Article 7 or Article 8 of the State Public Service Law, respectively. The standards and restrictions of this law will be applied by said bodies in determining whether to issue a certificate of environmental com- patibility and public need under such articles.: (e) Any actual and ongoing emergency activity which is immediately necessary for the protection and preservation of life or property or the protection or preservation of natural resource values. Such emergency activities include, for example: search and rescue olerations; preventive or remedial activities related to large-scale contamination of streams or other bodies of water; floods, hurricanes and other storms; and public health concerns. Within five days of the end of such an emergency involving the fi undertaking of any activity which otherwise would be treated as a regulated activity under this law, the person chiefly responsible for undertaking such emergency activity shall send a written state- ment to the Agency setting forth the pertinent facts regarding such emergency, including an .explanation of the life, property, or resource values such activity was designed to protect or pre- serve. (f) Any activity located in a freshwater wetland where such wetland is located in more than one town. - 12 - Section 6. Application for permit; processing. 1. Any person proposing to conduct or cause to be conducted a regulated activity requiring a permit under this law upon any freshwater wetland of six acres or more in area, or adjacent area, shall file an application for a permit with the town clerk. The clerk shall immediately forward such application to the Agency. 2. An application for a permit shall be filed by the appli- cant on a form prescribed by the Agency. Such application shall / set forth the purpose, character and extent of the proposed regu- lated activity. The application shall include a detailed descrip- tion of the regulated activity, a map showing the area of fresh- water wetland or adjacent area directly affected, with the location of the proposed regulated activity thereon, a deed or other legal description_descriLing the subject property, and such additional information as the Agency deems sufficient to enable it to make the findings and determinations required under this law. Projects ap- proved prior to the enactment of this law, but not yet actually started, must file an application for permit. The application shall be accompanied by a list of the names of the owners of record of lands adjacent to the freshwater wetland or adjacent area upon which the project is to be undertaken and the names of known claimants of water rights, of whom the ap- plicant has notice, which relate to any land within, or within one - 13 - L hundred feet of the boundary of, the property on which the pro- posed regulated activity will be located. An application shall not be deemed to be completed or received until the Agency determines that all such information, including any additional information requested, has been supplied in a complete and satisfactory form. 3. Within five days of its receipt of a completed application for a permit regarding a proposed regulated activity, the Agency shall provide the applicant with a notice of application which the applicant shall publish at his or her own expense at least once in each of at least two newspapers having a general circulation in the Town ' of Wapp inger . • Said notice of application shall be in a form prescribed by the Agency and shall: (a) spe:ify that persons wishing to object to the ap- plication should file a notice of objection by a specified date, together with a statement of the precise grounds of objection to the application, with the Agency; (b) specify that if no notices of objection are timely filed or if the Agency determines that the proposed activity is of such a minor nature as to not affect or endanger the balance of systems within any freshwater wetland, then the Agency, in its discretion, may determine a hearing is not necessary and dispense with the public hearing; and - 14 - (c) specify that the application, including all documents ..• and maps therewith, is available for public inspection at the office of the town clerk. Notwithstanding any other_provision of this section, the Agency may in its discretion dispense with the requirement for a notice of application and require a notice of hearing pur- suant to section 5 of this section. \.• 4. (a) No sooner than thirty days and not later than sixty days after its receipt of a completed application for a pellit regarding a proposed regulated activity, and after the publication of a notice of application pursuant to subdivision 3 of this sec- tion, the Agency shall hold a public hearing on such application at a suitable location, which hearing shall.be held pursuant to the provisions of section 7 of this law. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, where no notice of objection to the notice of application published pursuant to subdivision 3 of this section shall have been filed within the time specified by that notice A or where the Agency determines that the proposed activity is of such a minor nature as not to affect or endanger the balance of systems within any freshwater wetland, the Agency may, in its discretion, dispense with such hearing. Where the Agency finds that a public hearing is not necessary, it shall publish a deci- sion setting forth its reasons therefor, which decision shall be a matter of public record. Public notice of such decision that 15 - a public hearing is not necessary shall be provided in the same .•- manner as notice of application set forth in subdivision 3 of this section. 5. (a) The Agency shall withintwenty-one days of receipt of a completed application provide the applicant with a notice of hearing which the applicant shall publish at his or her own expense at least fifteen days prior to the date set for the hear- ing, at least once in each of at least two newspapers of general circulation in the Town of Wappinger. (b) At least fifteen days prior to the date s't for the hearing the Agency shall by certified mail provide notice of hearing to all owners of record of land adjacent to the affected freshwater wetland or adjacent area and to all known claimants of water rights, of whom the applicant has notice, which relate to any land within, or within one hundred feet of the boundary of the property on which the proposed regulated activity will be located. (c) The notice of hearing shall: (1) state the name of the applicant; (2) specify the location and outline the scope of the proposed regulated activity; (3) specify the date, time and place of the public hearing on theapplication; (4) specify that persons wishing to be parties in interest and eligible to be heard at such public hearing, if any, - 16- should file a notice of appearance by a specified date, together with a statement of the precise grounds of support of, opposition to or interest in the application, with the Agency; (5) specify that any person Who wishes to be a party in interest without filing a notice of appearance may do so by appearing at the public hearing and indicating his or her desire to be a party in interest, if a public hearing is held; (6) specify that if no notices of appearance are timely filed by any party in interest and if the applicantwaives any public hearing, then the public hearing may be cancelled by the Agency; and (7) specify that the application, including all documents and maps therewith, is available for public inspection at the office of the town clerk. 6. The Agency shall make the application, including all documents and maps associated with it, available for public in- spection at the office of the town clerk. 7. If no timely notice of appearance has been filed as pro- vided in the notice of hearing published pursuanttro subdivision 5 of this section and the applicant waives in writing any public hearing on his or her application, the Agency may dispense with a public hearing and in such instanco shall provide public notice of the cancellation of the hearing. - 17 - 8. For any notice cancelling a hearing which has been scheduled, notice shall be given on the same basis as the notice of public hearing provided in subdivision 5 of this section. 9. .The Agency may establish permit fens to assist in its implementation of this law. Section 7. Public hearing on a permit application. 1. Any public hearing held on a permit application received under this law shall be conducted by a hearing officer desipAted by the Agency. The hearing officer shall have full authority to control the conduct and procedure of the hearing, and shall be responsible that a complete record of the hearing be kept. The public hearing shall be held within the 'Man. 2. (a) Any person may appear as a party in interest, not- withstanding the failure of such person to file a timely notice of appearance, by appearing at the hearing and making known his or her desire to be a party in interest. Persons who are not par- ties in interest shall be allowed to participate in the hearing. All parties in interest shall be afforded an op- portunity to present oral and written arguments on issues of law and policy and an opportunity to call witnesses in their behalf and to present oral and written evidence on issues of fact. The hearing officer shall permit the parties in interest to cross- examine witnesses but may limit such cross-examination to avoid the introduction of irrelevant or repetitious material in the record of the hearing. - 18 - • Section 8. Decision on permit application. 1. Where a public hearing has been held regarding a permit application, the Agency shall either issue the permit requested, with or without conditions, or deny the application. The decision by the Agency to issue or deny a permit af- ter public hearing shall be based on the record of the hearing and shall be made in writing within thirty days of the Agency's receipt of the hearing record. 2. Where no public hearing regarding a permit application has been held either because a hearing was determined not to be necessary pursuant to paragraph b of subdivision 4 of section 6 of this law or because no notice of appearance was filed with re- gard to the public hearing and a hearing was cancelled pursuant to subdivision 7 of section 6 of this law, the Agency shall compile an official -file consisting of documents submitted by the appli- cant and any additional documents relied on by the Agency with respect to the application. The Agency may also take notice of general, technical or scientific facts within the specialized know- ledge of the Agency. Any document made part of such official file shall be available for inspection by the applicant and any interest- ed member of the public. On the basis of such file, the Agency shall either issue the permit requested, with or without conditions, deny the application or order a public hearing to be held pursuant to the provisions of this law. - 19 - The decision by the Agency to issue or deny a permit or to order that a hearing be held shall be based on the official file and shall be made in writing within thirty days of its completion of the offical file and in any event within sixty days of its receipt of a completed application. Provided, that in the case where there have been no objections filed regarding a proposed project, the issuance of a permit shall be deemed to be a written decision by the Agency. 3. A copy of the decision of the Agency on each application for a permit under this law shall be mailed by the Agency as soon as practicable following such decision to the applicant and, if a public hearing has been held regarding the application, to each party in interest. Section 9. Standards for permit decisions. 1. In granting, denying or conditioning any permit, the Agency shall consider the effect of the proposed activity with reference to the public health and welfare, fishing, flood, hurricane and storm dangers, and protection or enhancement of the several functions of the freshwater wetlands and the bene- fits derived therefrom which are set forth in section 3 of this law. 2. No permit shall be issued by the Agency pursuant to this law unless the Agency shall find that: 20 - (a) the proposed regulated activity is consistent with the policy of this law to preserve, protect and conserve fresh- water wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands, and to regu- late the development of such wetlands in order to secure the natu- ral benefits of freshwater wetlands, consistent with the general welfare and beneficial economic, social and agricultural develop- ment of the town; (b) the proposed regulated activity is consistent with the applicable land use regulations pursuant to section 24-0903 of Article 24 of the State Environmental Conservation Law; (c) the proposed regulated activity is compatible with the public health and welfare; (d) the proposed regulated activity is reasonable and necessary; and (e) there is no reasonable alternative for the proposed regulated activity on a site which is not a freshwater wetland or adjacent area. The applicant shall have the burden of demonstrating that the proposed regulated activity will be in accord with the stand- ards set forth in this subdivision. 3. Duly filed written notice by the State or any agency or subdivision thereof to the Agency, that the State or any such agency or subdivision is in the process of acquiring the affected - 21 - freshwater wetland on which a proposed regulated activity would be located by negotiation or condemnation shall be sufficient basis for denial of a permit for such regulated activity. Such notice may be provided at any time prior to the Agency's deci- ', • sion to issue or deny a permit for the regulated activity. Section 10. Conditions to a permit. 1. Any permit issued pursuant to this law may be issued, with conditions, consistent with this local law. Such conditions may be attached as are necessary to assure the preservation and protection of affected freshwater wetlands and to assure compliance with the policy and provisions of this law and the provisions of the Agency's rules and regulations adopted pursuant to this law. 2. Every permit issued pursuant to this law shall contain the following conditions: (a) the Agency shall have the right to inspect the pro- ject from time to time; (b) the permit shall expire on a date certain; (c) the permit holder shall notify the Agency of the date on which the project construction is to begin, at least five days in advance of such date, and (d) the Agency's permit shall be prominently displayed at the project site during the undertaking of the activities autho- rized by the permit. 22- 3. The Agency shall set forth in writing in the file it keeps regarding a permit application, its findings, and reasons for all conditions attached to any permit. Section 11. General powers of the Agency. In order to carry out the purposes and provisions of this law, the Agency shall have the following powers: 1. To appoint officers, agents, employees, and prescribe their duties and qualifications and fix their compensation; 2. To adopt, amend, and repeal, after public hearing (ex- cept in the case of rules and regulations that relate to the organization or internal management of the Agency), such rules and regulations, consistent with this lawn, as it deems necessary to administer this law, and to do any and all things necessary or convenient to carry out the purposes and policies of this law; 3. To contract for professional and technical assistance and advise; and 4. To hold hearings and subpeona witnesses in the exercise of its powers, functions and duties provided for by this law. Section 12. Other laws and regulations. 1. To the greatest extent practicable, any public hearing held pursuant to section 7 of this law shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, Village Law, General City Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits - 23 - otherwise required for the undertaking of regulated activities on the freshwater wetland or adjacent.area in question. 2. No permit granted pursuant to this law shall remove any person's obligation to comply in all respects with the applicable provisions of any other federal, State or local law or regulation, including but not limited to the acquisition of any other required permit or approval. Section 13. Bonding requirements. 1. The Agency may require that, prior to commencemen of work under any permit issued pursuant to this law, the permittee shall post a bond with the Agency, in an amount determined by the Agency, conditioned upon the faithful compliance with the terms of such permit and for the indemnification of the Town of - - - Wappinger for restoration costs resulting from failure to so comply. Such bond shall be issued by a corporate surety authorized to do business in the State and shall be in favor of the Town of Wappinger . It shall remain in effect until the Agency certifies that the work has been completed in compliance with the termsof the permit or the bond is released by the Agency, or a substitute bond is provided. 2. The Agency shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for imposing a -bond pursuant to this section. - 24- Section 14. Suspension or revocation of permits. 1. The Agency may suspend with notice, if circumstances permit, or revoke a permit issued pursuant to this law where it finds that the permittee has not complied wfith any or all terms of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the application. Upon written request within fifteen days of such revocation, a hearing shall be held in the manner prescribed in Section 7. A determination shall be rendered within fifteen days thereafter. 2. The Agency shall set forth in writing in the file it keeps regarding a permit application its findings and reasons for revoking or suspending a permit pursuant to this section. Section 15. Violation; penalties. 1. Administrative sanctions. Any person who violates, dis- obeys or disregards any provision of this law, including any pro- vision of any permit issued pursuant to this law or any rule or regulation adopted by the Agency pursuant to this law, shall be liable to the people of the State for a civil penalty of not to exceed three thousand dollars for every such violation, to be assessed, after hearing or opportunity to be hoard upon du.. notice and with the rights to specification of the charges and representation by counsel at such hearing, by the Agency. Such penalty may be recovered in an action brought by the Attorney - 25 - General at the request and in the name of the Agency in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Agency before the matter has been referred to the Attorney General, and such penalty may be released or com- promised and any action commenced to recover the same may be settled and discontinued by the Attorney General with the consent of the Agency. In addition, the Agency shall have power, follow- ing a hearing held in conformance with the procedures set forth in section 71-1709 of the State Environmental Conservation Law, to direct the violator to cease his or her violation of this law and to restore the affected freshwater wetland to its condition prior to the violation, insofar as that is possible within a reason- able time and under the supervision of the Agency. Any such order of the Agency shall be enforceable in an action brought by the Attorney General at the request and in the name of the Agency in any court of competent jurisdiction. Any civil penalty or order issued by the Agency pursuant to this subdivision shall be review- able in a proceeding pursuant to Article 78 of the State Civil Practice Law and Rules. 2. Criminal sanctions. Any person who violates an order, permit or rule or regulation of the Agency regulating freshwater wetlands and adjacent areas pursuant to this law shall, in nddt- tion, for the first offense, be guilty of a violation punishable by a fine of not less than five hundred nor more than one thousand - 26- dollars; for a second and each subsequent offense he or she shall be guilty of a misdemeanor punishable by a fine of not less than one thousand nor more than two thousand dollars or a term of im- prisonment of not less than fifteen days nor more than six months or both. Instead of these punishments, any offender may be puni- shable by being ordered by the court to restore the affected fresh- water wetland to its condition prior to the offense, insofar as that is possible. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Agency. Each offense shall be a separate and distinct offense and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. Section 16. Enforcement. 1. The Attorney General, upon his or her own initiative or upon complaint of the Agency, shall prosecute persons alleged to have violated any such order of the Agency pursuant to this law. 2. The Agency shall have the right to seek equitable relief to restrain any violation or threatened violation of any provi- sions of this law. Section 17. Review and appeal. 1. Any decision or order of the Agency, or any officer or employee thereof, made pursuant to or within the scope of this - 27 - law may be reviewed at the instance of any person affected thereby, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the Town of Wappinger by the Board in accordance with title 11 of Article 24 of the State Environmental Conservation Law, provided such review is commenced by the filing with the Board of a notice of review within thirty days after service of such order or notice of such decision given, as the case may be. 2. Any party to any proceeding before the Agency may make an appeal to the Board in accordance with title 11 of Article 24 of the State Environmental Conservation Law from any order or decision of the Agency, or any officer or, employee thereof, is- sued or made pursuant to or within the scope of this law, provided such appeal is commenced by the filing with the Board of ,a notice of appeal within thirty days after service of such order or after notice of such decision given, as the case may be. 3. Any decision or order of the Agency, or any officer or employee hereof, made pursuant to or within the scope of this law may be reviewed at the instance of any person, including but not limited to any owner of the affected wetland or adjacent area and any resident or citizen of the Town of Wappinger , in accordance with Article 78 of the State Civil Practice Law and Rules, provided such review is commenced within thirty days of the filing of such decision or order; and the limitation upon the availability of such - 28 - remedy as prescribed in section 7801 of the Civil Practice Law and Rules shall not be applicable to the applications for review of determinations and orders made pursuant to this law. 4. The institution of a judicial proceeding to review a deter- mination or order of the Agency shall preclude the institution of a proceeding before the Board to review such a determination or order. The availability of such review by the Board shall not af- fect the right of any person to seek review of a determination of the Agency as provided in Article 78 of the State Civil Practice Law and Rules. Section 18. Severability. If any section of this law or the application thereof to any person or_circumstances shall be adjudged invalid by a court of competent jurisdiction, such order or judgment shall be confined in its operation to the controversy in which it was rendered and shall not affect or invalidate the remainder of any provision of any section or the application of any part thereof to any other person oricircumstances and to this end the provisions of each section of this law are hereby declared to be severable. Section 19. Effective date. This law shall take effect upon the filing with the county clerk of Dutchess County of the final freshwater wetlands map by the State Department of Environmental Conservation pursuant to section 24-0301 of the New York State Environmental Conservation Law applicable to any or all lands within the Town of Wappinger. 2j MR. JENSEN moved to dispense with the reading of the Local Law regarding Freshwater Wetlands Protection at this introduction. Seconded by Mr. Clausen. Motion Unanimously Carried The following resolution was introduced by COUNCILMAN JOHNSON who moved its adoption: BE IT RESOLVED, that the Town Board of the Town of Wappinger shall hold a public hearing upon the matter of the adoption of a local law providing for the protection, preservation and conserva- tion of freshwater wet lands within the Town of Wappinger, and establishing a permit system with regard to certain regulated activities in freshwater wet lands and adjacent areas, on the 9th day of August, 1976, at 7:00 P.M. Eastern Daylight Savings Time at the Town Hall, Town of Wappinger, Dutchess County, New York. Seconded by: Mr. Clausen Roll Call Vote: 5 Ayes 0 Nays Mr. Diehl, noting a group of residents from Brook Place being present, directed that item 6e on the Agenda be considered as the next item of business. Mr. Brady had requested to speak before the Board regarding the situation of their. road (Brook Place - Norman Scofield Developer). Mr. Brady, representing the group present, indicated they had quite a few problems with this road, especially in the winter months, and since the Town has not taken this road over they also have problems having it maintained. The oraginal owner (Scofield) no longer has any property in this development, and they feel he has no longer any interest as far as finishing the road. They don't want the burden of a private road, they would like the work completed and the road accepted as a Town road. The following Resolution was offered by COUNCILMAN CLAUSEN, who moved its adoption: WHEREAS, all of the lots in the Subdivision hereinafter described have been sold but the required Highway improvements have not been completed. NOW, THEREFORE, BE IT RESOLVED, that Norman Scofield be directed to complete, by August 13, 1976, all Highway Improvements required by the Subdivision approval previously granted to him, and be it FURTHER RESOLVED, that should said developer fail to complete said improvements as aforesaid, the performance security previously posted by him to secure such performances shall be deemed in default and the Town Comptroller shall take those steps necessary to collect the principal sum of said security together with accrued interest, and to place such funds with such Town accounts as will permit the Town to complete the improvements shall not exceed the sum so obtained from the proceeds of said security. Seconded by: Councilman Versace Roll Call Vote: 5 Ayes 0 Nays The matter of a vacancy on the Recreation Commission, due to the fact that Mr. Richard Garren has moved out of State, was placed before the Board. The Recreation Commission submitted a recommenda- tion for Mr. Ronald Petro, along with Mr. Petro's resume. The following Resolution was offered by COUNCILMAN JOHNSON, who moved its adoption: RESOLVED, that Ronald Petro be and he hereby is fill the vacancy on the Recreation Commission of the Wappinger which has occurred by reason of the moving out of New York State, and it is further appointed to Town of of Mr. Garren RESOLVED, that the said Ronald Petro be and he hereby is appointed to fill such vacancy for the remainder of the term which shall expire on May 1, 1979. Seconded by: Councilman Clausen Motion Unanimously Carried A Resolution authorizing the Conservation Advisory Council to accept gifts of property was tabled to next month. The following Resolution was introduced by COUNCILMAN VERSACE who moved its adoption: WHEREAS, the Assessor of the Town of Wappinger has been requested to prepare assessment rolls, NOW, THEREFORE, BE IT RESOLVED that the Assessor is authorized and directed to prepare said assessment rolls, taking into considera- tion the benefit imposed upon those properties which have received preliminary approval for subdivision purposes. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes 0 Nays SIX 15 MR. CLAUSEN moved that the following Polling Places be designated for the Town of Wappinger to August 1977: POLLING PLACE LOCATION DISTRICT Mesier Park 1 Town Hall 2 Garner Engine 3 Wappinger Jr. High School 4 Ketcham High School 5 New Hackensack Church Christian Educational Center 6 Ketcham High School 7 Ketcham High School 8 New Hackensack Fire House 9 Myers Corners Elementary School 10 Hughsonville Fire House 11 Hughsonville Fire House 12 Wappinger Jr. High School 13 Chelsea School House 14 Chelsea School House 15 Hughsonville Fire House 16 Myers Corners Elementary School 17 Myers Corners Elementary School 18 Mt. Hope Grange 19 New Hackensack Fire House 20 New Hackensack Church Christian Educational Center 21 Seconded by Mr. Versace Motion Unanimously Carried At the request of the Zoning Administrator, the Town Board had advertised for Bids for Demolition on the MTS Corp. property on Maloney Road. One Bid was received and opened on July 1, 1976. This bid was submitted by DeGroodt Brothers Construction.Corp. in the amount of $14,400.00. A memo was received from the Comptroller recommending the Board reject this bid as there are not sufficient funds to pay for this work. He further recommended a re -bid with different specifica- tions, perhaps eliminating some of the requirements of the original bid. MR. CLAUSEN moved to reject the solitary bid from DeGroodt Brothers Construction Corp. upon the recommendation of the Comptroller, and further, that the Comptroller's recommendations be forwarded to the Zoning Administrator for proper action, with the assistance of the Highway Superintendent to draw up specifications. Seconded by Mr. Jensen Motion Unanimously Carried (Item 6c - Bids for Contract #9, no information received to consider by the Board). John Salamy, having requested to speak before the Board concerning pressure problems, was recognized by the Chair. He explained there was a serious water pressure problem at the top of the hill on Amherst Lane, and having received a letter from Mr. Diehl, which informed the residents of the availability of pressure pumps, felt that the Town should be responsible for the installation costs. He also felt it was unfair for those individuals who needed them to have to bear the expense to maintain them. Mr. Diehl explained that this had been established as a policy for other districts. Mr. Versace indicated that in some executive discussions the Board had considered a reduction in the O&M charges to those homeowners that installed pressure pumps. Mr. Jensen concurred with Mr. Versace in that these homeowners would have to pay for the electri- city they shouldn't be paying the same rates as those who don't need to increase (or decrease) their pressure. The Board first has to see if it can legally be done. It was decided to discuss this matter at the work session scheduled for July 20th. A release form was received from Aetna Insurance Company to Release and Discharge Tysen Concrete Corp. so that the Insurance Company could pay the claim to the Town against them (in the amounts of $921.00) for a broken fire hydrant. MR. CLAUSEN moved that the Supervisor be authorized to sign the release to Tysen Concrete Corp. for payment of the damages to Hilltop Water District. Seconded by Mr. Johnson Motion Unanimously Carried The following letter was received: 217 June 18, 1976 Mrs. Elaine H. Snowden, Town Clerk Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Dear Mrs. Snowden: On April 21, 1976, we were the low bidders at $233,116.00 for the "Ardmore Hills Water Improvement" Contract. It is our under- standing that, due to some legal problems, the Town has been unable to award this contract and the matter is being held in abeyance until the litigation is resolved. It is our wish to inform you and ask that you inform the Town Board that we are pleased to offer a six months extension, from June 30th, 1976, of our bid to do this work at the above price and we will be pleased to sign a contract for this amount at any time during this period. Your assistance in bringing this matter to the attention of the Town Board will be appreciated. Yours truly, s/ David Alexander, Pres. MR. CLAUSEN moved to accept the proposal from Dave Alexander of an extension of 6 months, from June 30, 1976, on their bid on the Ardmore Hills Water Improvement Contract, and so notify Mr. Alexander of the Board's acceptance of his offer of extension on said contract. Seconded by Mr. Jensen Motion Unanimously Carried A letter was received from Mrs. Douglas Wilkinson requesting that a street light be installed at the intersection of Kent Road and Applesauce Lane. MR. CLAUSEN moved to deny the request for a street light at the intersection of Kent Road and Applesauce Lane due to the fact that the Law prohibits the Town from installing street lights at any intersections other than that which intersects at either a County or State Road, except in a Lighting District. Seconded by Mr. Johnson Motion Unanimously Carried A letter was received from Ruth Martin, 109 South Avenue informing the Board that she has been greatly disturbed about the shooting going on in the woods behind her home (borders on Reese Park). She would like to know if the Board can do anything about this situation. Mr. Diehl commented that there should be something in the Town's Laws regarding the use of firearms in all the parks, not only Reese Park. In fact the water and sewer district should be included in any restriction of gun use. MR. CLAUSEN moved that the Attorney to the Town be directed to draw up an Ordinance or Local Law regulating the use of firearms within Recreational Areas and the confines of the Water and Sewer District Plants in the Town of Wappinger. Seconded by Mr. Jensen Motion Unanimously Carried A letter was received from Connie Nascarella informing the Board that on June 25, 1976 some person took the top rail of a section of their fencing, which runs along the back of their property bordering on the Quiet Acres recreational area. She further suggests that the grass not be cut up to property lines so that it wouldn't attract attention to the houses there. Mr. Diehl added that Mrs. Nascarella had called him on this subject, and in that conversation had indicated they would like to be reim- bursed for the missing section of fencing. Would the Towns' insur- ance cover it? Mr. Diehl had spoken to Mr. Groenwegen, who, in turn recommended that Mrs. Nascarella notify the Insurance Company and they would make a decision. MR. DIEHL moved that Mrs. Nascarella be informed that she should notify Marshall & Sterling Inc., the Town's insurance carrier, and they will make a decision; and further, notify her that her recom- mendations will be investigated with regard to allowing a green 219 growth buffer between Recreation property and residences, with a copy of this letter to the Recreation Commission, as they may have further recommendations to help her. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Mr. Frank M. Robinson, 120 Edgehill Drive, who complained about a constant problem with sand in their water. Mr. Jensen commented that he believed Mr. Lapar and the operators of the Town's systems went down to Mr. Robinson's residence, and had determined that there were various options by which to alleviate this condition. The long term solution seems to be adding more flushing hydrants to the system, which doesn't seem to be economically feasible at this time. This, however, is a cost factor that would have to be considered over the next few years. MR. JENSEN moved to instruct the Engineer to research a filteramg system at the plant site, and report back to the Board with an estimated cost, and also at the same time, research cost figures for an "in house" filter system. Seconded by Mr. Clausen. Motion Unanimously Carried MR. JENSEN moved that the Engineer to the Town research the amount of hydrants that should be installed eventually in those particular lines that only have a few hydrants when the system was acquired. Seconded by Mr. Clausen. Motion Unanimously Carried A report was received from Camo Pollution Control Inc, regarding a curb codk leak at the Johnson residence, 15 Applesauce Lane. They indicated that this was another situation where they cannot be sure of which side of the curb cock is leaking, and seek advice as to what action the Board wishes them to take. Mr. Diehl commented that in informal discussions the Board had agreed that he, Mr. Jensen and Mr. Versace would have emergency power to make decisions on curb cock leaks and had so informed Mr. Cacchio that they make immediate repairs on emergency leaks. Mr. Jensen agreed with the action Mr. Diehl had taken. Discussion followed on the technical points, locations of curb cocks, respon- sibility of repairs on or off private property, etc. It was recommended that a release be gotten from the property owner under any circumstance when work is contemplated for fixing leaks at the curb cock. Mr. Diehl instructed the Town Clerk to inform Mr. Cacchio to get a release in all instances where work is done to fix leaks at curb cocks. Discussion then followed as to how far the Town's respon- sibility went as to cost of repairing and/or restoring the property owners land after repairing the leak. It was decided that the Attorney draft some type of a release that would be acceptable to both parties. The following letter was received: July 6, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Re: O&M Contract, Gentlemen: As we discussed recently we have been operating on the 1975 contract. On your request we are submitting a new contract which I understand was budgeted and will be retroactive to January 1, 1976. Enclosed please find the contract and our proposed breakdown as to district costs. We again would like to state that even with this increase, the routine operation and maintenance may not be adequate due to the excessive man-hours required for nearly daily corrective actions. We will continue to do the best we can with the allotted man-hours. 221 Thank you in advance for your cooperation. Very truly yours, Camo Pollution Control Inc. s/ George B. Cacchio, Pres. MR. JENSEN moved that the Town accept the Agreement for Operation/ MaintenanceofWastewater Treatment Systems, and Water Supply Systems of the Town of Wappinger, and authorize the Supervisor to sign said contract with Camo Pollution Control Inc. retroactive to January 1, 1976. Seconded by Mr. Versace Motion Unanimously Carried A report was received from Camo Pollution Control Inc. signed by Michael Morris, Vice President,referring to the requirements of the Dutchess County Department of Health regarding chemical and physical sampling of public water._ supplies. They recommended that they be authorized to proceed with the necessary sampling. MR. JENSEN moved that the testing of the water as recommended in the letter from Mr. Morris be approved. Seconded by Mr. Clausen. Motion Unanimously Carried The following report was received: June 14, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water Improvement Contract #1 Gentlemen: Please be advised that the water line running from the intersection of Spook Hill Road and Ardmore Drive to Hopewell Road, and also the line from Hopewell Road -and Spook Hill Road to MacFarland Road, have 0 been pressure and bacteriologically tested and are, therefore, ready for use. Very truly yours, s/ Joseph E. Paggi, Jr. Engineer MR. CLAUSEN moved to receive the report from Mr. Lapar's Office re Central Wappinger Water Improvement Contract #1 and place it on file. Seconded by Mr. Jensen. Motion Unanimously Carried Some discussion arose, prompted by a question from Mr. Clausen regarding requests relating to fire insurancerates. Tests were supposed to have been done at various times by the Department of Fire Underwriters, but, so far, appointments for these tests have always been postponed. MR. CLAUSEN moved that the Town Clerk direct a letter to the proper authorities, Fire Departments, Attorney, Comptroller, Supervisor's Office, for any help or direction they may be able to give the Town and the Engineer to the Town for implementing an Underwriters inspection of our water lines so that residents could benefit from the reduction in Fire Insurance. Seconded by Mr. Diehl Motion Unanimously Carried The following letters were received: June 16, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Possibility of extending the Hilltop Water Tank and the Rockingham Farms Water Tank in order to eliminate the need for Booster Pumps within those systems. Gentlemen: At the May meeting of the Town Board, my office was authorized to go to bid on a booster pump for the Top O'Hill-Dogwood Hills section of Central Wappinger Water Improvement and to investigate the possibility of having some sort of booster system in the Rockingham Farms Water System. We subsequently investigated the possibility of raising the exist- ing water storage tanks at both Hilltop and Rockingham Farms.. After contacting various manufactueers, we came up with the following figures: To extend the Hilltop Water Tank some 16', which would change its gallonage from 1,023,600 gallons to 1,433,100 gallons, the cost would be $115,000. That included the tank extension cost of $104,600, the slab work at $3,400, and painting of the new sections at $7,000. The cost of buying an entirely new 1,023,600 gallon tank would be $172,000 and a new 1,433,100 gallon tank was $215,000. The added head of some 7 psi additional would certainly not solve the major problem. Similarly, in the Rockingham Farms Water District, in order to increase the tank height some 14'11", which would increase the capacity from 300,000 gallons to 420,000 gallons, the cost was estimated to be $70,000. The cost of the tank alone was $45,200, the additional foundation reinforcement $2,800, and complete re- painting of tanks $22,000. The cost of a new 300,000 gallon tank is some $78,000 and the cost of a new 420,000 gallon tank is some $103,000. The increased pressure to be gained by increasing the size is approximately 6.5 pounds which, again, would not solve the major problems within the area. It is, therefore, our recommendation that we proceed with the bidding of the booster pump for the Top O'Hill-Dogwood Hills section. Our office is doing same unless advised otherwise. It is also our recommendation that in-house pumps be made avail- able to the people in Rockingham (as was done in Tall Trees). To do anything else will be extremely costly, if not more expensive, than putting in a whole new tank. Very truly yours, s/ Rudolph E.,Lapar, P.E. July 12, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Rockingham Farms Control System for Water Tank Gentlemen: We have received information on changing of the control system in the Rockingham Tank (letter attached). In addition to the above, a wet tap of the tank feeder, a drain, and some copper tubing will be required. We propose to house the valves and air tank in a standard manhole. Our estimate for the above work is as follows: 1. Control System - $100 credit $775.00 2. Wet Tap, corporation stop and drain valve, plus piping (including labor & material) 3. Excavation & placement of manhole (including labor & material) Estimated Total Cost Your authorization is requested. 400.00 600.00 1,775.00 Very truly yours, s/ Rudolph E. Lapar, P.E. The first communication, regarding the possibility of extending the Hilltop and Rockingham Water Tanks, was discussed, and it was decided that both letters should be held and discussed at the executive meeting July 20th. The following report was received: June 22, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Pipe Insulation Lateral Installations Dear Board Members: Enclosed please find a sketch of a proposed alternate design for pipe protection against frost. This alternate should be added to the current Rules and Regulations of the Sewer and Water Lateral installations. This alternate is proposed due to the high cost and availability of the primary choice and will suffice for the job needed. If you have any questions, please call the office. Thank you, Very truly yours, s/ Joseph E. Paggi, Jr. Engineer MR. JENSEN moved that the recommendations for the similar, but cheaper, pipe insulation for lateral installations be accepted as recommended by the Engineer to the Town Seconded by Mr. Clausen Motion Unanimously Carried L L The following report was received: Town Board Town of Wappinger Mill Street Wappingers Falls, Gentlemen: Please be advised Apartment complex been installed in been successfully bacteriologically Therefore, we see used. June 22, 1976 N.Y. that the water service main to the White Gates on MacFarland Road;; Town of Wappinger, has accordance with Town specifications and has pressure tested by this office and successfully tested by the Dutchess County Health Department. no reason why this service line may not be Very truly yours, s/ Joseph E. Paggi, Jr. Engineer MR. CLAUSEN moved that pir. Paggi's letter be received and placed on file. Seconded by Mr. Jensen The following report was received: Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Gentlemen: Motion Unanimously Carried June 25, 1976 Smith & Loveless Pumping and Ejector Station Town of Wappinger Enclosed please find a copy of Mr. George B. Cacchio's letter of May 28, 1976. We are in complete agreement with Mr. Cacchio and would recommend that the Town provide these items so that unnecessary problems can be avoided. Thank you very much. Very truly yours, s/ Rudolph E. Lapar, P.E. 22 5 Mr. Jensen commented that the first part of Mr. Cacchio's,letter should be honored, and so notify the operators accordingly (sup- plying new rod tape electrode and adapter system). MR. JENSEN moved to permit Camo Pollution Control Inc. to purchase the Electrode Tapes and the purchase of the Spare parts listed (items # 1 thru 6) to be on hand for emergency situations. However, if the Electrode tape system is higher than the quoted $50.00 per unit additional cost figures should be submitted at the July 20th meeting. MR. JENSEN moved to instruct the Engineer to contact the Operator (Camo) and come up with cost estimates on the second recommendations i.e. regarding the pumping stations (Kent Road and Pippin Lane). Seconded by Mr. Clausen. The following report was received: Supervisor and Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Motion Unanimously Carried June 30, 1976 Re: Wastewater Treatment Facilities (T) Wappinger Gentlemen: On June 22, 1976 Mr. Mikula, of the Dutchess County Health Department, and this writer inspected the Town wastewater treatment facilities. We were accompanied by Mr. Cacchio, of Camo Pollution Control, and Mr. Martin, of Rudolph E. Lapar Consulting Engineers. Our comments concerning these inspections are as follows: OADWOOD KNOLLS S.D. 1) One primary settling tank is still leaking. 2) Chain guards should be provided for the disk drives. 3) One blower was out of operation. 4) The sludge in the holding tank has poor settling qualities. This is making it difficult to concentrate the sludge. This also appears to be a source of odors. Pending a final solution the addition of chemicals may be of some help. 5) The totalizer on the flow meter was not operating properly. 227 L & A S.D. 1) The sludge collector drive motor has a "dead" spot in it. This causes the collectors to stop resulting in a carryover of solids to the effluent. 2) The flow meter is not working properly. 3) The sprockets and chains on the collector drive are badly worn and must be replaced. 4) Scum baffles are needed in both settling tanks and aeration tanks. 5) Gas chlorinators are old and replacement should be considered. 6) The chlorine room exhaust fan and heater must be repaired. 1 Royal Ridge S.D. L 1) The flow meter is not working properly and the second meter is not in. 2) The alarm light was broken. 3) No written response has been received to Mr. Mikula's letter of comments concerning the recently submitted engineering report. Rockingham Farms S.D. 1) The flow meter was not operational 2) The influent pumps have been unreliable such that portable pumps are needed to prevent bypasses. Changes must be made here as bypasses will not be tolerated. 3) The sand beds were in very good condition. 4) The basement drain should be fixed. 5) Settling tank collector chain and sprockets are badly worn. Fleetwood Manor S.D. 1) One aerator was out of operation. 2) New sludge return pumps must be installed. The present system is totally unacceptable. 3) New buried wiring and a new motor control unit with overload protection is essential. 4) The sprockets and chains on the sludge collectors are worn badly and must be replaced. 5) Something must be done to reduce vandalism. It is our understanding a barbed wire fence will be installed. 6) A flow meter is needed. 7) Slide gates should be provided. This office realizes that ultimately these plants will be abandoned , however, that is still a number of years away . During this period the Town is still required to provide routine and adequate operation and maintenance. A satisfactory response to the above items is anticipated. Very truly yours, s/ Joseph F. Marcogliese, P.E. Senior Sanitary Engineer MR. JOHNSON moved to receive the report from the New York State Department of Environmental Conservation and place on file. Seconded by Mr. Clausen. Motion Unanimously Carried William Horton, Highway Superintendent, submitted revisions to Highway Specifications for the Board's consideration. MR. CLAUSEN moved that the recommendations submitted by Mr. Horton for revisions to the Highway Specifications be referred to the Attorney and Engineer to the Town for their review, comments and recommendations as soon as possible. Seconded by Mr. Jensen. Motion Unanimously Carried The following report was received: July 8, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Orchard Homes Water Supply Gentlemen: As per your request, the following units were placed by the Schoonmaker Homes organization in the Orchard Homes Water Supply System: 2 ea. storage tanks 20,000 gallons 1 ea. pneumatic tank 7,500 gallons 2 ea. transfer pumps Carver Pump Company, Muscatine, Iowa Model #1xl- x71-103 S.N. #1-93099 *2-93098 7.5 hp 230/460V 3 phase 19.2/9/6A 148T Frame S.F.-1.15 ,,l ea. Booster Control Panel Waterguard,Panel #1497 with lead/lag and alternation operation. 4 ea. 15 amp breakers 2 ea. motor controls (booster) w/H-O-A operation A/B Bulletin 709 Size 2 Form 2 Type 1 Cat No. 709CAA Series K. Max hp 15 1 ea. well pump control panel Water guard Panel #1498 w/H-O-A operation of pumps I hope this is the information you require. Very truly yours, s/ Rudolph Lapar, P.E. 229 Mr. Diehl, commenting on Mr. Lapar's report, spoke to the Board in previous discussions regarding this matter, indicating that the Board had indicated to Camo that everything except the 2 holding water tanks belonged to the Town. From Mr. Lapar's report and conversations with Schoonmaker Homes, this is not the case. There appears to be a fine line as to who owns what. MR. CLAUSEN moved this matter of ownership be referred to the Attorney to the Town for clarification, and further, notify Camo to await a decision of ownership. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Diehl approached the subject of a meeting with the Board to meet with and interview engineers for the proposed Wappinger Sewer. III, there are four interested engineering firms who have submittedletters of qualifications for consideration so far. He had,also contacted the State and they would set up a meeting to go over the Sewer III proposed in the near future. Mr. Jensen questioned whether there had been any advertizing for these applications or whether it was hearsay. Mr. Diehl answered "just hearsay". Mr. Jensen and Mr. Versace believed formal adver- tising for engineers should be done before any piecemeal inter- viewing was started. Mr. Diehl appointed Mr. Versace to chair the new proposed Wappinger Sewer Improvement III, since Mr. Jensen chairs Wappinger Sewer Improvement II. Mr. Versace can thus set up the interviews and screening of engineers for this project. Mr. Versace, with refer- ence to advertising, felt the Supervisor's Office should be respon- sible for placing an advertisement for proposals for engineering services for this project. Mr. Diehl brought up for discussion the Public Hearing which has been scheduled for July 12, 1976 on the proposed amendments to the Zoning Ordinance. Does the Board wish to go through with this hearing X30 although there are some errors on the Zoning Map, and subsequently act to correct these areas of error, or postpone the hearing until Frederick Clark Associates presents corrections. Mr. Clausen stated that if the Hearing was held now, he would not approve of the Ordinance as it is now printed. Mr. Johnson stated he would support the Ordinance as it is presently written, with the provisonthat the necessary changes are made and vote for these changes as soon as possible. Mr. Versace couldn't support this Ordinance as it would be presented at the scheduled Public Hearing, and can't see going to a Public Hearing in a period of 60 days to revise something that could be adjusted first. Mr. Jensen also would have difficulty going along with the Public Hearing on Wednesday because there are known errors, and he couldn't in all good faith pass on an Ordinance he knows in his mind is not the one the Board agreed to originally bring before the public. He agreed that the Hearing be postponed until the Map and the words are made the way the Board intended them. MR. CLAUSEN moved to postpone the Public Hearing scheduled .for July 14, 1976 �n the proposed Amendments to the Zoning Ordinance, and a new date set and advertised at a future time. Seconded by Mr. Jensen Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Nay Motion Carried Discussion then was held regarding setting up a date to meet with Frederick Clark Associates and all other"Town Officials involved. The date of July 21st at 8:00 P.M. was tentatively set subject to the availability of Clark Associates. (At this point Supervisor Diehl turned the meeting to Mr. Clausen and steps down from the Chair). ('OZ 231 The following report was received: July 9, 1976 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, New York Re: Robert's Running Creek vs. Town of Wappinger Gentlemen: Judge Wood of Supreme Court has decided that the above petitioner was entitled to a variance in order to build addi- tional units. We believe this decision to be incorrect and therefore, we have filed a notice of appeal subject to your approval. Please note that such an appeal stays any action in this matter. Very truly yours, Corbally, Gartland & Rappleyea s/ Allan E. Rappleyea MR. JOHNSON moved to direct Allan E. Rappleyea, Attorney to appeal the Supreme Court decision regarding Robert's Running Creek vs. the Town of Wappinger. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mr. Charles Solomon, Fleetwood, being recognized by the Chair, commented that at the last Board meeting the Board had indicated they would discuss the Fleetwood Water System problem, but there was nothing on the Agenda this time regarding what was being done.' Mr. Clausen informed him that last week the Board had met with Mr. Hill, from the Dutchess County Health Department, Mr. Cacchio and Mr. Lapar. Various plans were discussed, and there is a recommended list as to what has to be done and the Board is taking this under advisement now, and will shortly come up with a. method by which the Town can raise the type of money that is needed to operate those systems. Discussion continued on Mr. Solomon's problems. Mr. Solomon noted, in the course of this discussion, that up to now, no adjustment had been made on his O&M charges, although Camo was flushing his lines on an average of 2 or 3 times a week and he was paying for this water. Mr. Versace indicated that, since financing was the problem, not just the installation of hydrants, these matters will be discussed at the July 20th meeting, and hopefully some resolution to the overall problem can be reached. Under Committee reports, Mr. Jensen referring to the vandalism reports being received with regard to the Recreation areas and Sewer & Water Plants, commented that at the last Board meeting a meeting had been requested with the Board and State Police and Sheriff's office to see if something else could be done along with the people they already have for surveillance. He wondered if this couldn't be gone through again through the Supervisor's Office. He also noted that a memo was received from the Comptroller regarding an opinion of the State Comptroller and the legality of issuing rewards for information on vandalism. He asked Mr. Adams to check this matter out, in case the Town chose to pursue this avenue, to confirm if it is proper to post rewards. Mr. Johnson, on the Miscellaneous Committee, reported that they have a list of names that he and Mr. Clausen have for persons to interview for a double entry bookkeeper for the Supervisor's Office, and as soon as they can go through the list, they will make some recommendations. Under Unfinished Business the following report was received: July 6, 1976 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Joern-Olaf Weber Repair of property after Sewer Line Installation Dear Board Members: Enclosed please find Mr. Lombardi's letter of June 30, 1976. This office agrees that the property is in better condition now then when -the construction of the sewer lines began. The only problem that may occur in the repaired area will be 233 caused by the discharge of roof leader and related surface drainage directly by Mr. Weber onto this easement for which the Town cannot assume any responsibility. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JENSEN moved to accept Mr. Lapar's report on Mr. Joern-Olaf Weber's property, and place it on file. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays The following report was.. received: June 29, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Rockingham Farms Water Storage - Fencing Gentlemen: The contract for fencing around the Rockingham Farms Water Storage Tank was recently awarded to Able Fence Co. Able Fence has contacted our office regarding a starting date for this project. Before this fencing can be installed the pressure sensing unit and concrete pit should be in place. This work will be done by the. Town Highway Department and Mr. Horton has informed us that this cannot be accomplished until Fall. Therefore, if the fencing is installed at this time it will have to be taken down at the time of Mr. Horto n' s work. If the Town Board is agreeable to this procedure, please advise us as Able Fence would like to commence with the installation. Thank you. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Lapar added that that report was before the decision of possibly putting in the manhole with the sensing device, without Mr. Horton's help. MR. JENSEN moved to direct the Town Clerk to write a letter to Able Fence Co. stating that, due to other improvements that are required at the base of the water tank, said fence cannot be constructed at this time, and ask if they can extend their bid for a period of three months. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays The following report was received: June 16, 1976 Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, N.Y. Re: Letter from Sylvia J. Anderson, Zoning Administrator "Foundation Surveys" Gentlemen: I agree that a foundation survey should be included. However, I do not understand how the elimination of the preliminary plot plan can be effectuated since there would be no way of knowing where the foundation is going to be placed. What I would suggest would be: 1) Preliminary Plot Plan 2) Foundation Survey 3) Final Plot Plan It might be possible to eliminate the final certified plot plan if the foundation survey is instituted. Very truly yours, s/ Rudolph E. Lapar, P.E. MR. JOHNSON moved to direct Mrs. Anderson, Zoning Administrator, Mr. Horton and Mr. Lapar to come up with the words that agree with each other, and submit a proposal to allow the Board to set policy. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays Mary Schmalz, being recognized by the Board indicated she was in favor of posting rewards, since only this weekend the Chelsea playground was broken into, and a lot of Recreational equipment stolen. She is sure the rest of the Recreation Commission is also in favor of posting rewards. Mr. Clausen asked if she would bring it up at a Recreation meeting and have that Board send a letter indicating they favor posting rewards to the Town Board. Jonah Sherman, being recognized by the Chair, indicated he had directed a letter to the Board members urging them to consider, in the proposed Zoning Ordinance Amendments, that a set of standards be included and established that apply to landfill or removal of soil, such as applies to Mobile Home Parks, the same set of standards for private recreation areas, and public assembly, in terms of traffic control, times and types of beverages served on the property, etc. He hopes his suggestions will be considered at the meeting with the consultants. Mr. Johnson referring to a copy of a letter the Board received that Mrs. Anderson sent to Reno Longitano in which she makes reference to signing a permit under protest. Mr. Johnson checked with Mrs. Anderson to find out what she was referring to, and apparently it was a situation of something being built without having a permit, and coming in to get a permit after the fact. Mr. Jensen thought that some direction will have to be given to someone or haul some of theee offenders into court. Mr. Clausen suggested Mr. Longitano be called in to discuss this matter on the 20th of July at 7:30. Mr. Jensen suggested an afternoon discussion with Mrs. Anderson first to ascertain the facts. This was decided as the best avenue to pursue. Meet with Mrs. Anderson and proceed from there. MR. JOHNSON moved the meeting be adjourned, seconded by Mr. Versace and carried. The meeting adjourned at 10:55 P.M. (' Elaine H. Snowden Town Clerk 235 L 1 ,z/c.)/1. A Public Hearing was held by the Town Board of the Town of Wappinger on Monday, July 12, 1976 at 7:45 P.M. at the Town Hall, Mill Street, Village of Wappingers Falls, New York on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Signs). Supervisor Diehl opened the Hearing at 7:57 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, flown Clerk Others Present: Jon Adams, Attorney from Allan Rappleyea's Office The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. (These Affidavits are attached hereto and made a part thereof of the Minutes of this Hearing). Supervisor Diehl asked if there were any questions, did anyone wish to speak. No one wished to speak. COUNCILMAN JENSEN moved to close the Public Hearing, seconded by Mr. Clausen. The Public Hearing closed at 7:59 P.M. autojA ankthk- Elaine H. Snowden Town Clerk W. and S. P. NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING AX 7 — 3724 20 EAST MAIN STREET - WAPPINGERS FALLS PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing at the Town Hall, Mill Street, Wappingers Falls, New York on Monday, July 12, 1976 at 7:45 EDST to hear all persons concerning an Ordinance Amending the Zoning Ordinance of the Town of Wappinger. ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER BE IT RESOLVED AND ORDAINED by the Town Board of the Town of, Wappinger, Dutchess County New York, ursuant to laws of the State of New York, that the Town of Wappinger Zoning Ordinance adopted January 29, 1963, as amended from time to time, is hereby further emended as follows: Section 1: Subparagraph (b) is hereby added to the "permitted accessory uses ' under the 11 8-1 G•strict and the H B•2 District and shall In each case read as follows: (b). Signs: - Signs shall be permitted in the above District only in accordance with the. standards and conditions for signs as provided under the LB (Local Business) District classificat on. No other signs shall be permittee' Said LB District Regulations are hereby incorporated herein by reference! thereto. Section 2: This amendment shall take effect immediately upon adoption, posting and publicarion as provided by Town Law. Introduced by: Supervisor. Louis D. Diehl Seconded <by:,-Couhcilman_J.per s... Clausen- - - --- - -- . AFFIDAVIT OF PUBLICATION State of New York. County of Dutcheu. Town of Wappinger. Beatrice Osten of the Town of Wappinger. Dutcheu County. New York. being duly sworn. says that he is. and et the several times hereinafter was. theCo-Editor-Published W. & S.D. NEWS. a newspaper printed and published 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 oneweek succeuively once in each week. commencing on the...1S.t ...day of.... J.1iy 197G. and on the following dates thereafter. namely on and ending on the.....) -At .day of.. u) Y 19.76both days inclusive. Subscribed and sworn to before me -° :.._ Notary Public My commission expires ALBERT M. OSTEN NOTARY PU ;C, ..^.:1 c. OF nr:w YORK QL'AL'F E:, I.. ;t':T ,;:i;:,t LiiJ:.;Y *14-V24076C COMMISSION EXPIRES MACH 30, 19)�-.