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1977-04-11 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER APRIL 11,. 1977 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL 3. ACCEPT MINUTES Feb. 28, 1977 4. REPORTS OF OFFICERS Supervisor Town Justices Rec. of Taxes Bldg.Insp. Zng. Adm. 5. RESOLUTIONS a. Payment of Expenses - Dara Lane b. CATV Rate Increase 6. PETITIONS & COMMUNICATIONS • a. Peddling License Applications - A. Dyson & A. Rheden b. Notice of Public Hearing - NYSPSC re: Wappinger Park Homes, Inc. water rate increase request c. Wm. Horton re: Flooding, Naro Subdivision d. R. E. Lapar Reports: 1. L & A STP - wear on drag chains & collector Sprockets 2. Plot Plan Approvals - Roof Gutter Drains e. Request of Recreation Comm. members to attend Con erence at Nevelle April 25th thru 27th f. S. Anderson, Zng. Adm. re: Shapiro, Mid Hudson Auto Wreckers, Inc: g. Audria Cardascia re: reimbursement for pressure regulator Valve h. Rob't Abecasis re: Well problem due possibly to Hidden Hollow Apts. i. Ketchamtown Road residents petition for reduced Speed Limit j. Jon Holden Adams re: Town of Wappinger Appeal on M & G Sanitation k. Jon Holden Adams re: Premises owned by Bruce Stotz 1. Notice of Public Hearing, Town of Wappinger Zoning Board of Appeal on Stotz Variance m. E. Hawksley, Conservation Advisory Council 1. Request Council be designated a reviewing agency for S.E.Q.I regulations. j 2. Request authorization for expenditure for performing Chemical test samplings. n. Charles M. Brown W.F. Chamber of Commerce re: Formula for Down Stream Drainage Fees o. Acceptance of appointment letter from R. Ruit • 1 P. CATV Franchise renewal 7. COMMITTEE REPORTS 8. UNFINISHED BUSINESS a. SPCA b. Chiarenzelli drainage problem c. Lombardi d. Truett e. Bids on Various Sewer Improvements f. A. J. Bodney - Valley View Farms Subdivision Fee 9. NEW BUSINESS 10. ADJOURNMENT 193 The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on April 11, 1977, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Deputy Supervisor Clausen called the meeting to order at 8:16 P.M. Present: Louis Clausen,Deputy Supervisor Leif Jensen, Councilman Nicholas Johnson, Councilman Frank Versace, Councilman Elaine Snowden, Town Clerk (Absent for Roll Call: Supervisor Diehl arrived at 8:27 P.M.) Others Present: William Horton, Highway Superintendent Allan Rappleyea, Attorney to the Town, and Jon Adams Rudolph Lapar, Engineer to the Town The Minutes of the February 28, 1977 Regular Bimonthly Monthly Meeting and the Minutes of the March 7, 1977 and March 15, 1977 Special Meetings, having been previously sent to the Town Board members, were now placed before them for their approval. Mr. Jensen noted that in the meeting of February 28, 1977, there was a slight error in the roll call vote in regard to the Local Law repealing the exemption on Real Property. As it reads Diehl abstained and Versace voted Nay - it should correctly read --- Councilman Versace ---Abstain, Supervisor Diehl ---Nay. MR. JENSEN moved the Minutes of the February 28, 1977 Regular Bimonthly Meeting, with the correction of the above stated Roll Call Vote; and the Special Meetings of March 7, 1977 and March 15, 1977, as submitted by the Town Clerk be and they are hereby approved. Seconded by Mr. Johnson. Roll Call Vote: 4 Ayes 0 Nays Reports for the month of March were received from the Town Justices, Building Inspector, Zoning Administrator and Receiver of Taxes, and also an amended February report from the Receiver 194 of Taxes. MR. JOHNSON moved the reports for the month of March, and the amended February report, be accepted and placed on file. Seconded by Mr. Jensen Roll Call Vote: 4 Ayes 0 Nays As Mr. Diehl was not present, the following memo from him to the Board was read: Memo To: Town Board Members William Horton, Superintendent of Highways Rudolph Lapar, P.E., P.C. Elaine Snowden, Town Clerk (April llth agenda) From: Louis D. Diehl, Supervisor Date: March 29, 1977 Subject: Authorize payment to private contractors ordered by myself and Mr. Horton to have corrective measures taken at Dara Lane (freeze -ups) and the calling in of other private contractors by the Town, of which you are all aware of. My resolution is to authorize payment for work by said contractors from the Capital Fund of the Central Wappinger Water Improvement Area to protect the credit and the name of the Town of Wappinger. This payment, in no way, commits the Town to the responsibil- ity for this work done. The action taken will be referred to the Town Attorney, Mr. Rappleyea, for his direction in following up previous bills sent to Schoonmaker for his payment and to negotiate a method of re- payment from Schoonmaker to the Town of Wappinger, If an agreeable method is not resolved then the Attorney to theTown will take the necessary legal actions to recoup said money. Please resolve any and all questions regarding same prior to the meeting (April 11, 1977) so that the credit of the Town will not be injured. s/ Louis D. Diehl, Supervisor cc: Allan Rappleyea, Attorney Wilson Excavator's Inc. Dave Alexander, Inc. L&A Blacksmith Shop, Inc. John Steinberg, Schoonmaker Homes Matthew W. Ryvn, Comptroller Mr. Versace asked Mr. Adams if a meeting had been set up yet with Mr. Steinberg concerning this. Mr. Adams indicated he was not familiar with this matter.- Mr. Rappleyea was otherwise occupied at the moment, therefore, the matter was temporarily tabled. 195 The matter of the requested rate increase for CATV was again placed before the Board. Mr. Clausen reiterated the three choices the Board had open to then denial, acceptance, or, if the Board couldn't conclusively decide, a request could be made to the State Cablevision Commission for their decision. Mr. Jensen voiced his opinion that the request should be denied, based on imput from the Public Hearing which bore out poor service. This matter also was tabled temporarily tabled for comment from the Attorney. Applications were received from Arthur Dyson and Arthur Rheden for Hawking and Pcbddling Licenses. The applications had been referred to the Dutchess County Sheriff's Department, and re- turned indicating no criminal record on file. MR. JOHNSON moved to approve the applications and grant Arthur Dyson and Arthur Rheden licenses for Hawking and Peddling in the Town of Wappinger. Seconded by Mr. Clausen. Roll Call Vote: 4 Ayes 0 Nays Notice was received that the New York State Public Service Som - mission would conduct a public hearing on May 5, 1977 at the Wappinger Town Hall on the matter as to the rates and charges of Wappinger Park Homes Inc. Petition had been filed with said Commission for water rate increases in the subdivision known as Indian Ridge Development. MR. JENSEN moved that the notice of Public Hearing be received and placed on file, and further, that a copy of said notice be sent to the president of the Wappinger Park Civic Association. Seconded by Mr. Johnson Roll Call Vote: 4 Ayes 0 Nays 196 (Mr. Diehl now present, took his -place with the Board) The following report was received: March 25, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Flooding-Naro Subdivision Gentlemen: The recent heavy rains of March 22nd created a condition in the Naro Subdivision that I feel is worthy of your considera- tion. Part of the cul-de-sac on Joan Lane was under water, as were lots 32,33,34 and part of Lot 35. Although the maximum flood plain for Sprout Creek is shown on the filed map as being a considerable distance from the above lots and cul-de-sac it was obvious after Tuesday's storm that the flood plain encompasses a much greater area. No construction has been started on these lots as of this date and I call this matter to your attention so that possibly a future major problem can be avoided. Very truly yours, s/ William P. Horton Mr. Versace asked if Mr. Horton had any recommendations to the Board. Mr. Horton explained that the problem is that Sprout Creek itself comes up and comes back that far, and he doesn't know how you would ever build a house so you wouldn't have water in it (on lots indicated in report) or if it was built up it would be on an island if flooding occurred. Mr. Jensen asked if building in a flood plain area doesn't come under a different set of guide- lines. Mr. Lapar agreed, but pointed out that this area was not shown on the HUD Flood Plain Maps. Mr. Clausen asked if this area then couldn't be added to the HUD maps, and Mr. Adams thought possibly they could be extended or modified. Mr. Versace asked if the Board could ask the Building Inspector to not issue building permits for these existing lots until the Board can eome up with a solution of some kind. Mr. Admas doubted they could. Mr. Versace asked what action then could be taken to prevent building L 197 until a solution could be found. Mr. Jensen pointed out that it would still have to meet the criteria of the buck sheet, even with subdivision approval it doesn't mean each lot is buildable, and each has to have approval of the Engineer to the Town and Highway Superintendent. He would presume in this case they would recommend against a building permit being given, if there was a drainage or flooding problem. He also suggested reminding the Building Inspector to watch for those lots. Mr. Adams cautioned condemning the lots, it may be more prudent to place certain restrictions, such as those for flood zones on building the houses. Mr. Clausen asked if Mr. Adams could follow this through, maybe through HUD, and find out if this area could be incorporated at this time in the Flood Plain. MR. CLAUSEN moved that, lack of further solution to this problem, that at this point we refer the matter to the Attorney to the Town and see if possibly what might be able to be done in the future. Seconded by Mr. Johnson. Motion Unanimously Carried Mr. Diehl took up item 5a - Payment of expenses for the freezing up of water lines on Dara Lane, and to answer Mr. Versaces's original question as to whether Mr. Steinberg was receptive to a meeting. Mr. Diehl stated no, at this point, he hasn't answered i either Mr. Diehl's or Mr. Rappleyea's letter. Mr. Diehl felt the k✓ problem was that the Town directed the contractors to do the work, and in order to protect the credit of the Town the contractors should be paid, and the Town then take the necessary action to recoup the monies. Mr. Jensen would agree that the bills the Town incurred because of the emergency situation should be paid, but he would like a little more strength in the request from the dev- eloper thSxt within 30 days we want some kind of response so that what we pay out will be refunded within a reasonable time. • 1,1iii11111111.11.1,11.1411114111114/01i1 198 MR. JENSEN moved that the bills that were incurred for the emergency on Dara Lane be paid as submitted by the Supervisor dated March 29, 1977. Seconded by Mr. Clausen. Motion Unanimously Carried MR. JENSEN moved that the Attorney to the Town work with Mr. Steinberg and that a reply be available to the Town Board within thirty days. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Diehl took up item 5b - CATV rate increase. Mr. Clausen commented he didn't believe they would go into any problem if the Board denied it and it was an automatic referral to the CATV Commission, but the Board should probably just vote to refer it. MR. JOHNSON moved that the CATV rate increase request be referred to the New York State CATV Commission to study the rate and ask for their opinion. Seconded by Mr. Clausen. The following report was received: Motion Unanimously Carried March 25, 1977 Memo To: Town Board From: Rudolph E. Lapar, P.E. Subject: L&A Sewage Treatment Facility Date: March 25, 1977 On March 22th, this office was notified and subsequently inspected a report that the drag chain on one clarifier broke and caused damage to the rest of the machine. Our inspection revealed excessive wear has been experienced to the drag chains and collector sprockets. Repair can be made, however, it will only be a temporary situation. It must be noted that this problem area was not included in the contract recently advertised by the Town of Wappinger. s/ Rudolph E. Lapar, P.E. 199 Mr. Lapar noted that temporary repairs had been made. MR. JOHNSON moved to direct Mr. Lapar to prepare a stet of speci- fications to obtain an estimate on a permanent replacement of the sprocket and chain, and also ask for Camo's recommendation as to just what would be needed and/or offer a recommendation for repair. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: March 23, 1977 Town Board, Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Plot Plan Approvals Specifically Roof Gutter Drains Dear Board Members: During the last several years, Mr. William P. Horton and myself have been approving plot plans wherein the Engineer for the developer indicates that roof or footing drains have not been or will be installed. Subsequent to said approvals, my cursory review indicates that 3 out of 10 houses either do not put in the roof gutters or have legally tied into the storm drain as per the Highway Specifications. This leaves 7 out of 10 houses in most developments that are putting in their roof gutters immediately upon obtaining the C.O. This to me, has absolutely circumvented the law. In my professional opinion, it makes my signature on the Plot Plan a travesty. At your direction, I will be happy to document each and every plot plan wherein this occurs. My own personal opinion, although I am sure the Town Board must get legal advice, is that the home - builder, who has done this should be issued an order to remedy. And, if it is not done within a certain amount of time, then the C.O. issued should be revoked. Again, this is my personal opinion, and of course, we must receive legal advice in this matter. The reasons for tying in the roof and footing drains to the storm drain is evident by the many problems that we had in this Town within the last ten years. Roof and footing drains were able to discharge across roads causing ice patches and serious hazards to the road during the winter months. This also started under- mining the roads during heavy rains, causing damage by ruts, potholes, etc. This, hopefully, can be resolved by the mandatory requirements for the builder or homeowner to install roof and footing drains and tying them into the storm drain. The circumvention of this law, in my opinion, is not to the best interest to the Town and should be stopped immediately. All violations must be immed- iately remedied for the safety of all residents of the Town of Wappinger. Very truly, s/ Rudolph E. Lapar, P.E. 200 Mr. Horton observed that it was in the Highway Specs that they have to hook into the storm sewers, but there is nothing in the Building that they have to have them on the buildings, and there lies the problem. It would appear that it should be mandated the gutters and downspouts be part of new construction. Mr. Jensen commented that he didn't see how you could mandate having someone put on gutters and down spouts on their houses, although we could mandate that the provision is in the ground so when gutters and down spouts are put on said dwellings they must hook into the underground drainage, and what has happened is the builders are not laying that piece of pipe in the ground which goes to the storm sewer, so when gutters and down spouts are put on the water just washes off on the property. He does feel the footing drains we've requested is a reasonable request of any builder, and the vehicle that takes the water from the footing drains to the storm drains is also a reasonable request, and that should be mandated. MR. JENSEN moved that underground drainage be part of the subdi- vision regulations and further direct the Attorney to draw up said regulations for us. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Versace questioned whether or not it would be appropriate with these underground drainage pipes be marked so the homeowner would know they are there if they aren't put on the house initially. Mr. Jensen believed it should be shown on the plot plan and should be part of the C.O. Mr. Clausen asked if the homeowner was getting a copy of the Blot plan. It was generally agreed they didn't. Mr. Clausen suggested a letter be sent to the Building Inspector asking whether it's normal procedure for a plot plan to accompany a C.O., and if not, should it or shouldn't it. It was noted that it would be the recommendation of both the Highway Superintendent and Engineer to the Town that a plot plan should be included, and this also be told to the Building Inspector. 201 A request was received from the Recreation Commission for permission for its members to attend the 1977 Recreation and Park Society Convention at the Nevelle Country Club in Ellenville April 24th through April 27th, 1977. MR. CLAUSEN moved that any member of the Recreation Commission, who has not attended a major conference this year, be granted permission to attend the Recreation Convention at the Nevelle and their legitimate expenses be a Town charge, and also realizing that they will not be able to attend another major conference this year. Seconded by Mr. Johnson Motion Unanimously Carried Mr. Incoronato, being recognized by the Chair, made a recommenda- tion that the Recreation not be allowed to go anywhere until they square up things in the Town. Six or seven months ago they put in a patch of blacktop, after a years requesting, in the Fleetwood Recreation site, presumably for a basketball court. They are supposed to also put in a post and net but it still isn't in. What are they doing besides Little League? Recreation is woefully lacking, he'd like to know what they're going to do. MR. VERSACE moved that the Town Board send a letter to the Recrea- tion Commission asking them what their intentions are on the bas- ketball court in the Fleetwood area. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: March 30, 1977 Town Board Town of Wappinger Dear Sirs: Through a newspaper recounting of an allegation made by Mr. Jensen at the last meeting of the Town Board, I learned that there is apparently a 'misunderstanding of the facts surrounding Mid -Hudson Auto Wreckers, Inc. and their violations. I am enclosing just a fraction of the pertinent correspondence 202 with reference to this situation. I approached the Board in the winter of 1976, with the information concerning the repeated violations at this site. In view of the neverending cycle of violations versus correc- tions of same, I have felt for quite some time that revocation of the license is the only answer. The Town Board is the only one capable of this. For the matter of court action, you can see by the enclosed correspondence, that the Town Board directed the Town Attorney's to "implement approrpiate actions": because, to go to court, I require the assistance of an Attorney in matters of this magnitude. The attorneys finally concluded that it is necessary to pursue all avenues open to the Town to insure that the courts would not throw the matter out because all avenues were not exhausted. The Board was made aware of the necessity for a public hearing to be held, and approximately two weeks ago, Mr. Adams wad directed, according to Mr. Diehl, to draft a resolution to hold said public hearing (please see enclosure marked in red) That is precisely where the matter stands as of today. If you have any questions, my office is always open to you. Yours truly, s/ Sylvia J. Anderson Zoning Administrator RESOLUTION AUTHORIZING HEARING ON JUNKYARD PERMIT OF MID -HUDSON AUTO WRECKERS, INC. WHEREAS, investigations conducted by the Town Zoning Administrator and other officials of the Town indicate that there is reasonable cause to believe that the junkyard or auto wrecking yard belonging to Mid -Hudson Auto Wreckers, Inc. operated by Sid Shapiro is in violation of the junkyard ordinance of the Town of Wappinger as more fully described hereinafter, and WHEREAS, the said junkyard operator has applied for renewal of his annual permit as provided in the junkyard ordinance of the Town of Wappinger, and WHEREAS, the Town Board has been advised that it should not deny issuance of the permit until a hearing has been afforded to the operator of the junkyard upon the question of his alleged violations of the junkyard ordinance, NOW, on the motion of SUPERVISOR LOUIS D. DIEHL, seconded by COUNCILMAN LOUIS CLAUSEN, be it resolved as follows: That pursuant to Section 5 of the junkyard ordinance of the Town of Wappinger, a public hearing be held before the Town Board at which time Mid -Hudson Auto Wreckers, Inc. shall show cause and present evidence as to why its application of renewal of its junk- yard license should not be denied upon the following grounds: 1. That the applicant has enlarged a -non -conforming use kw 2. That construction of the fence along the boundary line with the chained property is in violation of the variance granted by the Planning Board, said fence not being constructed in accord- ance with the provisions of said variance. 3. That the landscaping required by the junkyard ordinance, the zoning ordinance and the variance approval has not been implemented. 4. The applicant has stacked automobiles in violation of the provisions of the junkyard ordinance and the zoning ordinance. 5. The applicant has operated his junkyard without a license. 6. Automobiles are parked outside the fence line in violation of the variance granted by the Planning Board. 7. That said public hearings shall take place on the 17th day of May at the Town Hall, Town of Wappinger, Mill Street, Wappingers Falls, New York, at 7:30 o'clock P.M. That a copy of this resolution shall be personally served upon the applicant, Mid -Hudson Auto Wreckers, Inc. by the Town Constable on or before the 18th day of April, 1977 and a further copy shall be mailed to his attorneys, Gellert & Gellert, Esgs., 54 Market Street, Poughkeepsie, New York on or before April 18th, 1977. That the Town Attorney is hereby appointed to present evidence on behalf of the Town with respect to this matter and to provide the applicant with further particulars as to his violation upon written, demand for the same. That for the purposes of this resolution any reference to the junkyard ordinance of the Town of Wappinger shall be deemed to include those applicable provisions of the zoning ordinance of the Town of Wappinger insofar as they relate to the use of the premises of Mid -Hudson Auto Wreckers, Inc. Roll Call Vote: Councilman Clausen Aye Councilman Jensen Aye Councilman Johnson Aye Councilman Versace Aye Supervisor Diehl Aye Resolution Duly Adopted The following letter was received: March 29, 1977 Dear Mrs. Snowden; On February 17, 1977 a guest of mine was taking a bath and the faucet popped out of the wall due to water pressure behind it. I had to shut the water off in the entire house and call my repair man. The faucets were installed a year ago and I couldn't figure out why this happened. My repair man told me that the pressure in the house was entirely too high and that I needed a pressure regulator. Well anyway, I had the pressure regulator valve installed and also two adapters. Upon cleaning out my desk 03 4 several weeks ago I came across this letter from Louis Diehl in regards to the town providing the pressure reducing valves. After having gone through the expense of this plus the aggravation of being without water I was wondering if I could be reimbursed for the pressure regulator valve? Will you please bring this to the attention of the Town Board, I would like this request OM the Agenda for the Town Board Meeting as soon as possible. Enclosed is a copy of the letter dated May 11, 1978 from Mr. Diehl and also a copy of the bill I paid for the adapters and the pressure regulator valve. Will be waiting to hear from you. Thank you, s/Audria Rose Cardascia MR. JENSEN moved that Mrs. Cardascia be paid for the pressure regulating valve, upon submission of a bill and voucher for purchase of said valve, payment of installation not to be included, and that the reimbursement be charged to the Central Wappinger Water Improvement account. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: Robert H. Abecasis McFarlane Rd. Wappingers Falls, N.Y. 12590 March 25, 1976 Mr. Lou Diehl, Supervisor and Town Board of Wappingers Falls Mill Street Wappingers Falls, N.Y. Dear Mr. Supervisor I have been a resident of Wappingers Falls living at my present residence on McFarlane Rd for over five years taking up residence in December 1971. For over a year now I have been having troubei. with my water system. I have had a entirely new pumping system installed and have had it checked out several times and have been assured that it is functiAing perfectly. In spite of this fact my well keeps going dry and I am left with no water. Last spring and again this spring I have experienced this problem with my well going dry. It appears according to the experts that I have called in to check out this problem that it is caused by the water tabu::. being excessively lowered by the draw off taken by the Hidden Hollow Apartments which are my next door neighbors their property adjourning mine. As I was a resident before the Hidden Hollow Apartments were approved and errected and I had no such difficulty until their errection I feel that the town has a responsibility to me to see that this problem is corrected. I have made inquiries and have been told that the residents of the Hidden Hollows Apartments have complained of excessively low water pressure and at times a complete lack of water. I would note that these complaints all coincide with my difficul- ties. I have spoken to the Town Engineer and he informed me that the White Gate Apartments had a similar problem which was solved by their hooking up to the Town Water. He further advised me to write to you and inform you of my problem. The present situation is completely intolerabel as it must be evident to yourselves that a lack of water for any length of time is not only an inconvience but a serious health hazard. As I was a resident before the errection of the Hidden Hollow Apartments and such errection has caused this problem I now appeal to the Town Board to correct this situation and if necessary I request that you order Hidden Hollow Apartments to hook up to Town Wa ter. I sincerely hope you will come to my assistance so that I may be spared the unecessary expense of having to engage Attorneys and instituting Litigation. Thanking you very much for your consideration and awaiting your reply I remain, Respectfully yours, s/ Robert H. Abecasis Mr. Jensen noted that this was part of the Ardmore Hills Water Improvement Area, which has been held up several years, and therefore, recommended a letter be sent to Mr. Abecasis indicating that the Ardmore Hills project will be starting very shortly. Mr. Versace ssked Mr. Lapar, when the Ardmore Hills Contract was approved, we were supposed to have a Change Order as far as the blacktopping after the construction - you know - the blacktopping being done by the Highway Department - the same procedure as was followed in Central Wappinger Water #1 - did we ever get a Change Order on that, relieving that cost to the district on that, in transferring it to the Wighway fund? Mr. Jensen observed there had been no Change Order yet because the contract was just signed. Mr. Lapar was to check into the matter and %port back to the Board. 2O6 The following letter was received, along with a petition for a reduced speed limit for Ketchamtown Road. April 1, 1977 To the Wappingers Town Board: We, the residents of Ketchamtown Road respectfully request that the speed limit on our road be reduced to 30 mph. Our road is being used as a short-cut and speedway for many vehicles, trucks included. This situation has worsened considerably since the road was re -surfaced some time ago. There are numerous hazards on the road such as blind corners and driveways and school bus stops. The excessive speed limit of 55 mph only increases the risk to life and limb. Also there are no shoulders on this narrow, winding road. Therefore we have a very dangerous sitaation for children and others who walk, ride bikes, ride horseback, jog, etc. We would like to avert a serious and tra4ic accident before it happens. Thank you. MR. JENSEN moved to request the New York State Department of Transportation to establish a 30 mph speed limit for Ketchamtown Road. Seconded by Mr. Versace Motion Unanimously Carried A letter was received from Jon Adams concerning the litigation with M&G Sanitation. Mr. Adams recommended an executive meeting for further discussion due to the fact the matter was in the courts. MR. JENSEN moved to table the matter of the Town of Wappinger appeal on M&G Sanitation for an executive session. Seconded by Mr. Diehl. Motion Unanimously Carried The following letters were received: :207 March 31, 1977 Town Board Town of Wappingers Town Hall Mill Street Wappingers Falls, New York 12590 Re: Bruce Stotz Gentlemen: A controversy has arisen with respect to the premises owned by Bruce Stotz in which the Town Justice Court is situated. The Zoning Administrator has determined that the landowner is is occupying the second floor without a certificate of occupancy and that the premises have three principal uses rather than the two permitted principal uses. I am advised by Mr. Stotz's attorney, Al Roberts, that although a permanent certificate of occupancy has been requested, the same has not been granted in view of the violations, rhilably, use of the premises for three purposes rather than the permitted two. He further states that when the lease was signed, it was the intention of the parties that the presence of the Town Justice Court would not preclude Mr. Stotz from using the rest of the premises for those uses which would otherwise be permitted in the absence of the Justice Court. Unfortunately, the language of the lease does not reflect that, the same stating that the landowner shall be subject to the zoning ordinance. In view of the fact that the Town is not subject to its own zoning ordinance, a question exists as to whether or not the presence of the Town Justice Court can be counted as one of the permitted uses on the premises. This legal question could be further explored, but if the Board wishes to indicate at this time that Mr. Roberts' interpretation of the intent of the parties was correct, his office could recommend to the Zoning Administrator that further consideration of this issue should not be pursued in view of the Town Board's intent. Would .you please provide us with direction with respect to these questions. Very truly yours, Corbally Gartland & Rappleyea s/ Jon Holden Adams April 7, 1977 Town Board, Town of Wappinger Town Hall, Mill Street Wappingers Falls, New York Re: Stott Gentlemen: The following is to supplement on my letter of March 31, 1977 with respect to the lease between the Town and Bruce Stotz. •Av 208 To avoid future confusion with respect to this matter, and if the board is in agreement with the substance of my letter of March 31, 1977, it is proposed that paragraph "38th" be modified as follows: The premises shall not be occupied, in any part thereof, by any facility, store, tavern, bar, or other entity selling beer, wine, liquor, or cider, and the remainder of the building occupied by the Justice Court shall be utilized by the landlords solely for those =purposes established and permitted by the present zoning ordinances of the Town of Wappinger. Occupancy by the Town of the premises described herein shall not preclude the landlord from utilizing the second floor area for a permitted use, it being the intention of the parties that the occupancy of the first floor by the Justice Court shall not be considered a principal use as such term is defined in the Town of Wappinger's zoning ordinance. If the foregoing is acceptable to the Board, a simple resolution moving that the lease be amended as provided will be sufficient to resolve this problem. Very truly yours, Corbally, Gartland & Rappleyea g/ Jon Holden Adams Mr. Diehl commented that he believed it was the intent of the Board that when the Justice Court did go in the Stotz Building, that it would not prevent any future use of the building because of Justice Court being there. Mr. Clausen asked Mr. Adams if any uses could be foreseen that would interfere with a trial or open court such as far as noise. Mr. Adams hadn't considered that aspect, just those uses that would be incompatible with court proceedings. Mr. Clausen noted, that the Board had been mindful that they wouldn't want anything there that would interfere with court proceedings. MR. CLAUSEN moved to refer the matter of amending the Stotz lease back to the Attorney for clarification with the Zoning Administrator. Seconded by Mr. Diehl. Motion Unanimously Carried 209 Notice was received from the Town of Wappinger Zoning Board of Appeals which pertained to the subject Stotz Building for an additional permitted use. Mr. Adams indicated this matter would likely be adjourned pending the Town Board's consideration of the matter of the permitted uses of the remainder of the building. A request was received from Ed Hawksley that the Conservation Advisory Council be designated as a reviewing agency for the SEQR regulations. MR. CLAUSEN moved to refer Mr. Hawksley's request be referred to the Attorney to the Town for recommendation. Seconded by Mr. Versace. Motion Unanimously Carried The following letter was received: 1 April 1977 Town of Wappinger Town Board c/o Town Clerk Mill Street Wappingers Falls, N.Y. Gentlemen, The Conservation Advisory Council is planning to cooperate with the Town of Fishkill in performing chemical test sampling of Sprout Creek. The First samples will be taken in April and May, and will be concluded sometime during the fall months. The cost will be approximately $100, of which 50% will be reimbursable from the Dutchess County Environmental Management Council. I hereby request authorization for this expenditure, as funds for this project have not been allotted in our 1977 budget. sincerely, s/ Edward S. Hawksely, Chr. Con. Adv. Council MR. VERSACE moved that the Conservation Advisory Council be awarded $50 from General Funds Contingency to undertake these tests. Seconded by Mr. Clausen. Motion Unanimously Carried 210 A letter was received from the Wappingers Falls Chamber of Commerce forwarding recommendations from the Chamber concerning legislation on the Down Stream Drainage Fees, and also a letter from the Town of Wappinger Planning Board requesting they be advised as to the status of this subject, as this Board has several matters before them pending the Town Board action on a revised formula. MR. JENSEN moved to table the matter of the Downstream Drainage Fees in anticipation of further information being forwarded. from the Chambers. Seconded by Mr. Clausen Motion Unanimously Carried The following letter was received: 13A Wildwood Manor Wappingers Falls, N.Y. March 30, 1977 Town Board Members Town Hall Wappingers Falls, N.Y. Gentlemen: I am pleased to accept the appointment to the position of Building Inspector and I am available to begin duties on April 1, 1977. I wish to thank you for the expression of confidence in my ability to assume the responsibility of the position. I will make a conscious effort to effectively perform all duties involved. Sincerely, s/ Robert G. Ruit MR. CLAUSEN moved to accept Mr. Ruit's letter and place it on file. Seconded by Mr. Johnson. Motion Unanimously Carried 211 An application was submitted for the renewal of the Town of Wappinger CATV Franchise by Howard H. Ericksen, General Manager for U.S. Cablevision Corp. Mr. Jensen agreed the application should be referred to the Attorney, but he thinks they were back to the service that this firm has been giving the customers and he would be quite hesitant to renew their franchise until he finds out exactly what they are going to do. Mr. Clausen questioned whether this franchise was for a ten year period. In his opinion ten years is too long, five years would be more palatable, and asked the attorney to look into that. MR. CLAUSEN moved that the CATV Renewal Franchise application be referred to the Attorney for recommendation. Seconded by Mr. Jensen. Motion Unanimously Carried Under Committee Reports, Mr. Diehl approached the subject of Spring Cleanup Days. Mr. Horton had estimated an approximate cost of $10,000, and assuming this figure is correct, it would be necessary to appropriate $7,000 from Federal Revenue to cover expenses to conduct a Spring Cleanup. MR. DIEHL moved to appropriate a sum not to exceed $7,000 from the Federal Revenue Sharing Account for the purpose of a Spring Cleanup; this will not include any metal objects, and the dates will be published upon confirmation by Mr. Horton. Seconded by Mr. Jensen. Motion Unanimously Carried Mr. Versace reported that there was a proposal in front of the Tri -Municipal Commission from Quartoraro & Quartoraro and Corbally, Gartland and Rappleyea to represent the Tri -Municipal Commission as Attorneys, and, as the Town Board is aware, for the past six months or so he has repeatedly stated that the Town of Wappinger does need representation on this Board concerning Tri -Municipal. 12 Each municipality involved has this representation other than Wappinger, to handle the financing, easements, and whatever work there is involved within its own boundaries. He feels that at this time they are getting into this type of a proposal and he feels legal advice is needed on the Town level since the Town was going to get into much more legal involvement and again he intends to make a recommendation. MR. VERSACE moved that Vincent Cuccia be appointed to represent the Town of Wappinger for Tri -Municipal. Seconded by Mr. Clausen Roll Call Vote: Councilman Clausen Aye Councilman Jensen Nay Councilman Johnson Nay Councilman Versace Aye Supervisor Diehl Abstain Motion Defeated Mr. Diehl qualified his abstention by stating he was not aware this matter was coming up tonight and he was not prepared to vote, he would want to speak first to Mr. Cuccia, evaluate it, and evaluate any other possibilities. Mr. Jensen, under Committee Repots, confirmed that there was an agreement before the Tri -Municipal Commission for legal services and also both Mr. Quartoraro and Mr. Rappleyea, have been down to the EPA per the direction of the Commission to review both the new engineering proposal and the legal proposal. The final forms of these proposals will be before the Commission at their May 21st meeting. He also added that in the proposal for legal services there is a provision for the work that is within the Town to be handled by the designee of said Town, each Town to decide whether it would be the same attorneys or other attorneys, and further there will be certain legal fees which may or may not be eligible for aid and this is something the Town Board will have 13 to consider at that time, what they want to spend for additional legal services. Under unfinished business, the matter of the SPCA's proposed contract offer was again discussed. Mr. Diehl believed the Board should answer one way or another, and it was his belief that the Town has a contract with Dr. Hannigan for the remainder of this time year, and he does have reservations as to what might be assured through the SPCA, assurances were given also in the past. It would be his recommendation to stay with the contract with Dr. Hannigan in handling our dog problems. Mr. Johnson stated that after reviewing the facts and figures submitted by the Town Comptroller, the financial review does not indicate that a move to the SPCA would necessarily be of any advantage to the Town. MR. JOHNSON moved that a letter be directed to the SPCA thanking them for forwarding a proposal, but the Town at this time wishes to remain with the contract presently effective with Dr. Hannigan. Seconded by Mr. Versace. Motion Unanimously Carried Upon Mr. Diehl's request, Mr. Chiarenzelli's complaint of a flooding driveway was placed before the Board. It was so noted that at the last Town Board meeting, Mr. Horton had indicated he had spoken to Mr. Chiarenzelli, and would put in a dry well to alleviate the problem. MR. DIEHL moved a letter be sent by the Town Clerk to Mr. Chiarenzelli informing him that Mr. Horton is going to put in a dry well to correct the problem of flooding. Seconded by Mr. Clausen. Motion Unanimously Carried 214 Information was forwarded to the Board regarding Contract #1 for Wappinger Sewer Improvement ##1 on the number of yards of fill used by the contractor Frank Lombardi. Mr. Adams cautioned the Board to discuss this matter in executive session since the matter was still in litigation. MR. CLAUSEN moved for a recess. Mr. Diehl called a ten minute recess at 10:05 P.M. Supervisor Diehl called the meeting back to order at 10:18 P.M. All Board members wereagain= present. MR. DIEHL moved to table the subject, no action to be taken. Seconded by Mr. Johnson. Motion Unanimously Carried The following report was received: April 7, 1977 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Cost Estimate on Truett Easement Gentlemen: As per your direction, Wednesday March 23, 1977, the following estimates have been developed. 1. *From Alpert Drive to headwall on Truett's property. 180 if of 60" CMP C $85.42/ft 2 IB $2,000 each Total Estimated Construction Cost $15,375.60 4,000.00 $19,375.60 2. From southend of Truett's property where 60" 0 pipe meets 2-48" $ pipes in an easterly direction across Granger Place to open stream. 180 ft of 60" CMP $100.00/ft 1 IB and 1 headwall C $2,000 each Total Estimated Construction Cost $18,000.00 4,000.00 $22,000.00 It should be noted that if either or both of these proposals are constructed, it is my professional opinion that the problem will be shifted to another area. Very truly yours, s/ Rudolph E. Lapar, P.E. L 215 Mr. Truett, being recognized by the Chair, commented that the problem he was talking about is only four sections of pipe and not connecting'it to Alpert Drive. He felt Mr. Lapar had overdone the estimates, and Mr. Lapar stated he had given the Board what they wanted. Discussion continued on how much of a:problem would be created by solving only part of the problem now, expense, where to start and where to stop, and the consequences of shifting the ihre problem. Mr. Johnson commented that the subject of drainage had been prominent most of the evening, and he feels that sooner or later the Town does find itself involved in the middle, we con- tribute to the problem when we put drains in the streets, put the water into the sewers, or we don't contribute when we move it from one street to the next. Somehow we're in the middle and cant' get away from it, and it bothers him that they can't do a patch -up job which might turn out worse than what they have, maybe the answer does come down to the Town recognizing its obligation and responsibility in the whole area of downstream draingge and put it right where it belongs, take a bond issue that would solve our problems, with enough money to complete our second phase of down- stream drainage study and to the project properly. Mr. Clausen agreed with Mr. Johnson that eventually this has got to happen, but Mr. Truett may not be able to wait that long before his house might collapse, his is an emergency that can't wait for that eventuality to occur. Here it': just a matter of scaling down Mr. Lapar's cost estimate to prevent an immediate disaster and doing the best for all concerned.. Mr. Jensen asked Mr. Truett if his indication a while ago to contribute to this still holds true, and Mr. Truett answered that it did. Mr. Diehl asked Mr. Truett if he would be receptive to a proposition to move his house to another location, to which Mr. Truett said he would be. Mr. Clausen recommended this matter be tabled again in order to meet one more time with Mr. Truett, and the whole Board with one proposal and if we don't come up with a solution that time, so then Mr. Truett, one way or another, can make his decision. It was agreed to hold a work session with Mr. Truett on April 25, 1977 at 7:00 P.M. prior to the Town Board meeting. The letter from Fred J. Lafko regarding the Bid'on Improvements to Various Sewage Treatment Facilities was again placed before the Board, and again ordered tabled to the next meeting. Mr. Johnson asked Mr. Lapar that, with reference to that bid, to check with Camo Pollution to see how the bid of $7,000 for the sandbeds at Mid -Point Park, as it came in a lot higher than estimated and see if that portion of the project couldn't be done on a time and material basis. The request of Allen Jay Bodney regarding the return of subdivi- sion fees paid for Valley View Farms was again placed before the Board, and also ordered tabled due to the fact that an opinion had not been received from the Attorney to the Town. Supervisor Diehl asked Mrs. Snowden to remind Mr. Rappleyea of this matter. Mr. Johnson, under unfinished business, noted that, with respect to the drainage problem on Martin Drive, he had spoken with Mr. Lapar and Mr. Rappleyea. They have been investigating but have not yet come back with enough necessary information so that the Board could make any kind of an intelligent decision. He requested the matter be placed on the next agenda. Mr. Versace indicated to Mr. Diehl that he would not be able to attend the special meeting called for April 13th, to consider the Bonding Resolution, but asked that Mr. Ryan be asked what the cost of the insurance would be versus the percentage that we would save on this bonding. Mr. Clausen asked Mr. Lapar where they stood with respect to cost estimates for the water testing in Fleetwood. Mr. Lapar reported he had nothing as yet but would have them for the next Town Board meeting. Mr. Jensen asked that the attorney check ordinances for noise problems since he has received numerous calls recently on the noise from motor bikes. He asked Mr. Adams to investigate whether it would be possible to have some sort of an ordinance regulating the noise in the Town, and what would be necessary to implement it. There was a brief discussion from the floor regarding the use of motor bikes and trail bikes. Mr. Diehl reported that the Sheriffs Department had completed the surveillance in Angelbrook, had issued warnings for a matter of ten days or so, and the officers will go into the Rockingham Area with radar next. He added that it was quite remarkable the success he might have had with it (if tickets rather than warnings were issued). There being no other business to come before the Board, Supervisor Diehl entertained a motion for adjournment. MR. DIEHL moved the meeting be adjourned, seconded by Mr. Johnson, and unanimously carried. The meeting adjourned at 11:01 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 4/11/77 217