1975-05-12 RGMAGENDA
TOWN BOARD
MAY 12, 1975
1. Supervisor Call Meeting To Order
2. Roll Call
3. Accept Minutes
4. Reports of Officers
Supervisor
Feb. 18, 1975 March 10, 1975
Town Justices Building Inspector
5. PETITIONS & COMMUNICATIONS
a. Dutchess Co. Dept. Public Works re: acquisition of Town Parcel
in Meadow Heights (Quiet Acres)
Camo Pollution re: price for Pump Control for Schoonmaker
Water System
Peddlers license Applications - Ellsworth Wayman & Earl Robertson
R. Lapar re: recommendation for Fleetwood W & S Dists. Benefit
unit rates.
Judy Markbein re: Dog Problems in Rockingham
Gregory McAdam re: Truett proposal
Wapp. Central School request for 7 Voting machines
Assoc. of Towns announcement for trining sessions.
Edward Hawksley requests attendance at Env. Cons. Workshop
July 6th toJuly lith.
Resignation of Allan Cooke - Planning Board - leaves vacancy
Schoonmaker Homes re: Traffic Control Signs
R. Lapar Change Orders for Central Wapp. Water & Wapp. Sewer
Set Joint P.H. w/ Town Fishkill, alteration of Fire Dist. Boundaries
Dr. Hannigan re: Widmer Rd. - Hazards
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
1.
m.
n.
o.
p.
q.
r.
s.
t.
LATE
2 letters from Planning Board:
for H.L. Associates
R. Lapar re: Rockingham Road
Edw. & Barbara Hecker Placing
Lydia Drive
Letter from Recreation Commission
R. Skillen Complaints re: Sewer & Water Lines etc. Kent Rd.
2 Letters from Wildwood re: Wildwood 0 & M rates
R. Lapar re: Tall Trees Pressure Problem
Don Kitchen re: Water line Leak - Alpert Drive
1. Zoning Ord. & Map 2. P.U.D.
to Pumping Station
Town on Notice re: Sewer line
6. REPORTS OF COMMITTEES
7. RESOLUTIONS
a.
b.
c.
d.
e.
f.
g.
h.
Bid for Contract #7 Central Wapp. Water
PUD - H.L. Associates ( S.J. Reynolds)
Installment Payments - S.C.T.Tax
Set P.H. proposed Zoning Ordinance
Bond Resolution - Wappinger Park Drainage
Flow Meter Bid - Mid Point & Wildwood Sewer
Transfers for Supervisors Office
Accept Roberts Road
8. UNFINISHED BUSINESS
Building Inspector - Increase of Bldg. Permit Fees
9. NEW BUSINESS
10. ADJOURNMENT
The Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on May 12, 1975 at 8:00 P.M. at the Town Hall,
Mill Street, Wappingers Falls, New York.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
William Horton, Highway Superintendent
Allan Rappleyea, Attroney to the Town
Rudolph Lapar, Engineer to the Town
Jon Adams, Attorney from Mr. Rappleyea's Office
Supervisor Diehl called the meeting to order at 8:14 P.M.
The minutes of the February 18, 1975 and March 10, 1975 regular
monthly meetings, having been previously sent to the Town Board
members, were now placed before them for their approval.
MR. SALAND moved the minutes of the February 18,- 1975 and the
March 10, 1975 regular monthly meetings, as submitted by the Town
Clerk, be and they are hereby approved.
Seconded by Mr. Clausen.
Motion Unanimously Carried,
Reports for the month of April were received from the Supervisor,
Town Justices and Building Inspector.
MR. CLAUSEN moved the reports for the month of April, from the
Supervisor, Town Justices, and Building Inspector be accepted
and placed on file.
Seconded by Mr. Jensen.
Motion Unanimously Carried
136
The following letter was received:
April 16, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
The Federal Aviation Administration plans to install,
operate and maintain an Instrument Landing System Middle Marker
to serve runway 6-24 atDutchess County Airport. One of these
Middle Markers will be located on the Carl Swenson, Jr. property
(to be acquired by the County) near the parcel of land presently
owned by the Town of Wappinger in the Meadow Heights Development.
The County would like to acquire a fee simple title to this parcel.
This parcel will be used to install connecting electric cables
from the existing Central Hudson electric cables on Daisy Lane
to the Middle Marker and also for ingress and egress to same.
Mr. Horton, Supe±intendent of the Town Highway Department,
has been contacted on this matter and has no objection, as this
parcel will not connect another future subdivision as was intended
sometime in the future.
Enclosed please find Map No. W-130 and description of the
parcel Dutchess County wishes to acquire from tht Town of Wappinger.
Your cooperation on this matter will be greatly appreciated.
Very truly yours,
s/ James Spratt,, : P.E.
Commissiore r
MR. DIEHL moved that the request be denied.
Seconded by Mr. Saland.
Motion Unanimously Carried
A letter was received from Camo Pollution Control, Inc. regarding
the cost of a three pump alternating control for Schoonmaker Water
System. Mr. Jensen commented that Camo had been asked to contact
several companies for price quotas for this control and installation.
It isn't conclusive at this time whether this control would be
necessary, but a cost estimate is now available should it become
apparent a change is warranted. Mr. Cacchio is, at present, trying
to evaluate the present system, and although it isn't as good as
the one he recommends, he feels possibly the "bugs" can be worked
out of the existing system. If they cannot be worked out, it will
be recommended to switch to the 3 pump alternating control. Mr.
138
Diehl directed the matter be referred to Mr. Jensen and a
report made at the next Town Board meeting.
Applications were received from Ellsworth Wayman and Earl
Robertson for Hawking and Peddling Licenses. The applications
had been referred to the Dutchess County Sheriff's Department, and
returned indicating no criminal record on file.
MR. CLAUSEN moved to approve the applications and grant Mr. Wayman
and Mr. Robertson licenses for Hawking and Peddling in the Town of
Wappinger.
Seconded by Mr. Saland.
Motion Unanimously Carried
The following recommendation was received:
April 17, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Fleetwood Sewer and Water Districts
Gentlemen:
This office recommends that the apartment rates for the Benefit
Assessment in the Fleetwood Sewer and Water District be increased
from z unit per apartment to 3/4 of a unit per apartment in ac-
cordance with the uniform rate of all the other Town districts or
improvement areas.
We further request that this recommendation be submitted to the
attorney for the districts, Mr. Russell Aldrich.
Thank you very much.
Very truly yours,
s/ Rudolph 'E. Lapar
MR. SALAND moved that the Benefit Assessment rates for the apartments
in the Fleetwood Water and Sewer Districts be established at 3/4 of
a unit per apartment in accordance with the uniform rate of all the
other Town Districts or Improvement Areas.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A request was received from Judy Markbein, President of the
Rockingham Farms Homeowners Association, to discuss the "ever
present dog problem, which seems to persist throughout Wappinger"
and which appears especially bad in the Rockingham Development.
Mrs. Markbein stated they believed a full time warden/s was
needed, a warden who would cruise the developments or any part
of Wappinger at his or'their discretion,• who would have the author-
ity to impound a dog who has been found loose three or more times
( a repeated offender). At one time there was some thought of
having a dog warden just for Rockingham, but no one in the develop-
' ment was interested. She contended that if the dogs are empounded
and the dog owners are made to pay to get their dogs out, they will
think twice before they let their dogs "slip" out. She requested
a clarification of the Dog Ordinance, because she believes that
either there should be one that be enforced or change it. She
then related an incident regarding a dog case that was taken into
the Town Court. They hadn't been able to get into the court due
to crowded conditions, and inadvertently not been called in when
the case was presented. They had requested a disposition on the
case, but hadn't gotten it. To prove their point once more, the
dog in question has been out since, running wild. They were not
asking the Board's help, they feel they have tried their best and
have gotten nowhere. She believes there is a need for a full time
warden who would be given the right to do as he sees fit.
Mr. Diehl commented that when one speaks of a full time warden,
of course it would probably mean more than one person. He believes
the present Ordinance is the next step below a leash law, and
perhaps this is what is being talked about. He further believes
the present wardens do have the powers Mrs. Markbein was speaking
about. (Mr. Wells and Mr. Guarino were both present). Mr. Wells
verified this. Mr. Jensen commented he believed the problems were:
1. searching out the dog and 2. enforcing the Dog Ordinance. As
Mrs. Markbein pointed out, action was taken in the court and not
14Q
actually knowing the outcome, imagines the person got a slap on
the wrist. Mrs. Markbein interrupted, stating the woman wasn't
fined, the Judge had said he would have the dog put to sleep if
it was found out again, her feelings were, why put the dog to
sleep, it wasn't the dog's fault, it's the owner who puts the dog
out, why punish the dog, fine the owner. Mr. Jensen maintained
the enforcement was there, it just wasn't being upheld. There
was some discussion on the size of the fine, what difference be-
tween full time and part time wardens, time lapse in wardens
answering calls, and then went back to the case brought into court.
Angela Rubeo and Lee Pratico also spoke with reference to the dog
case brought into court, and efforts to obtain a copy of the deposi-
tion of this case. Mrs. Pratico had tried contacting the Judge, to
no avail. Mr. Diehl asked the Town Clerk to contact the court in
the morning to ascertain why the request has not been answered and
ask that it be sent out on behalf of the Town Board. Mr. Wells
spoke regarding the suggestion of a leash law by commenting that,
in his opinion, the dogs would run regardless. He felt it shouldn't
be so easy for the dog owners to retrieve their pets, fines should
be more, and there should be separate violations that could be fined
i.e, running loose $25.00, being a nuisance, another $25.00 and so
on, so that the owners will think twice before letting their dogs
run at large. He also suggested that, with reference to the Rock-
ingham Development, the Homeowners Association could bring pressure
to bear in their own development. Jim Guarino suggested the Board
authorize the wardens to cruise the developments at random times
as he believes that in one week alone, if the people see them
patrolling, it will cut the complaints down, and if the Board
agreed to pay them for this, in a very short time complaints would
be down to practically nothing. Nick Johnson, member of the Royal
Ridge Civic Association commented that their Civic Association had
put pressure on the residents in this development and had reduced
their own problem to 3 or 4 dogs out of some 155 homes. He also
MR. CLAUSEN moved that any requests be handled as in previous
methods, that permission be granted to any one who wishes to
attend, and that their request to attend go through their own
Department head for approval and further, that their legitimate
expenses be a Town charge.
Seconded by Mr. Saland.
Motion Unanimously Carried
The following request was received:
3 Franton Drive
Wappingers Falls, N.Y.
2 May 1975
Town Board Members
Town Hall
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
Co-chairmen of the Conservation Advisory Council, Charles
Cortellino and Nancy Moreau, have given their approval for my
attendance at the Environmental Conservation Workshop to be
held at Whiteface Mountain Field Station, Wilmington, New York
from July 6 thru July 11, 1975.
I am requesting that the Town Board approve an expenditure
to include $125 for registration and accomodations, plus travel
expenses.
Sincerely,
s/ Edward S. Hawksley
Member, Conservation
Advisory Council
MR. CLAUSEN moved that Edward S. Hawksley be granted permission
to attend the Environmental Workshop at Whiteface Mountain Field
Station, Wilmington, New York from July 6 through July 11, 1975
and that his legitimate expenses be a Town charge.
Seconded by Mr. Jensen.
Motion Unanimously Carried
144 lir
The Town Clerk informed the Board that the resignation of Allen
B. Cooke, Planning Boardmember had been received and filed with
her, thus leaving a vacancy on that Board.
MR. SALAND moved Mr. Cooke's resignation be accepted with regret,
and thank him for the time and efforts that he has devoted to
the Town in his various endeavors.
Seconded by Mr. Clausen.
Motion Unanimously Carried
MR. VERSACE moved that Alexander Zak be appointed to fill the
vacancy on the Planning Board.
Seconded by Mr. Clausen.
Mr. Clausen, upon seconding Mr. Versace's motion noted that Mr.
Zak had been a member of Town and civic matters over many years,
he is on the Zoning Advisory Committee, has played a role in the
Town new Master Plan, has done an awful lot of work on behalf of
the Town, and would recommend that he would make an excellent
Planning Board member. Mr. Saland, in all due respects, would
like to see this matter referred to the Planning Board to see
what recommendations they might have and had not anticipated
tonight voting on this particular vacancy, and for that reason
only, would state before the vote being taken, he would vote nay.
Supervisor Diehl took the same position as Mr. Saland, indicating
he had received a call from a person desirous of serving as a
member of the Planning Board several months ago, therefore would
not like to make a quick decision tonight.
Mr. Versace stated he would rescind his motion if the Planning
Board would also consider Mr. Zak as a potential appointment. Mr.
Clausen withdrew his second of the motion.
The following letter was received:
April 15, 1975
Mr. Louis Diehl
Supervisor
Town of Wappinger
Town Hall
Wappingers Falls, NY
Re: Rockingham Farms
Dear Mr. Diehl:
I am writing as a follow up to our recent conversation
with regard to the traffic situation at the subject community.
I would like to formally request action by the Town to place
traffic control signs in the Rockingham Farms Subdivision.
Your assistance in regard to this matter will be very much
appreciated.
Very truly yours,
s/ John Steinberg, Jr. Pres.
MR. DIEHL moved to receive and place on file Mr. Steinberg's
request; and further, instruct Allan Rappleyea, Attorney to the
Town to prepare an Ordinance providing the Town the authority to
erect traffic control signs so enforcement can take place.
Seconded by Mr. Saland.
Motion Unanimously Carried
Recommendations for Change Orders on the Wappinger Sewer Improve-
ment #1 Contracts and the Central Wappinger Water Improvement #1
Contracts were received. The recommendations were for contracts
as follows:
Wappinger Sewer:
Contract #1
Contract #2
Contract #3
Contract #4
Delete:
- Change Order #2
- Change Order #1
- Change Order #1
- Change Order #1
1. Item #9 Asphaltic Concrete Pavement.
2. Item #10A Temporary Bituminous Macadam
Surface Treatment.
Central Wappinger Water Improvement:
Contract #1
Contract #3
Contract #4
Contract #5
Delete: 1.
2.
- Change
- Change
- Change
- Change
Order #4
Order #1
Order #2
Order #2
Item #9 Asphaltic Concrete Pavement
Item #10A, TEmporary Bituminous Macadam
Surface Treatment
146
MR. CLAUSEN moved to approve the Change Orders on the Wappinger
Sewer Improvement #1 Contract, and the Central Wappinger Water
Improvement Contracts, as recommended by Rudolph Lapar, Engineer
to the` =Districts, and authorize the Supervisor to sign them.
Seconded by Mr. Saland.
Motion Unanimously Carried
A Petition was received in the matter of the Application of the
Hughsonville Fire District and the Chelsea Fire District for
leave to alter the boundaries of each respective Fire District.
MR. DIEHL moved that a Public Hearing be held jointly with the
Town of Fishkill at the Town Hall, Town of Fishkillr,. Main Street,
Fishkill, New York on May 30, 1975 at 8:00 P.M. EDT on the Petition
concerning the alteration of the Hughsonville Fire District and
the Chelsea Fire District, at which time all interester persons
will be heard.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
May 5, 1975
Mr. Louis Diehl, Supervisor
Town of Wappinger
Town Hall
Wappingers Falls, New York
Dear Lou:
Sometime ago, during a discussion of road side hazards with the
Dutchess County Traffic Safety Board, I brought up the subject
of storm drain grates. I described, in particular, the dangers
involved with the manner of placement of these grates on Widmer
Road. There intention, as I understood it, was to discuss these
dangers with all town boards and road superintendents. I have
seen no evidence of their having done so.
The spaces in the Widmer Road grates are parallel to the road.
This makes them traps for bicycle wheels. To avoid them the
bicyclist must vere out into traffic. To ride over the grate
insures being spilled, possibly into the way of a following
automobile. This very dangerous potential should be corrected.
I am available for discussion if you so desire.
Yours truly,
s/ Daniel J. Hannigan, DVM
Mr. Clausen commented that this problem has been discussed by
the Town Board and it comes down to two things - what's the
function of the storm drainage grates, basically, are they for
collecting runoff of water, or for bicycle use? The information
the Board has received from the Engineer and the Highway Superin-
tendent is that these grates basically cannot serve both functions
well. Either we will have to have storm drainage grates for
runoff of water or design one that might be safe for bicycles,
but less efficient for runoff of water. At the present time, it
seems to Mr. Clausen that the grates so installed now take water,
and until that time comes and recommendations come forth where
that type of grate that could be efficient for runoff of water
and also safe for bicycles comes to the Board, there isn't too much
the Board can do with those existing grates. Mr. Clausen asked
that a letter be sent to Dr. Hannigan stating the information the
Board has, and also ask him if he has any additional information
where both functions can be served equally as well, the Board
would like to hear from him. Mr. Jensen made note of the fact
that a study had been made of this by John Hopkins University, a
copy of which could possibly forwarded to Dr. Hannigan.
MR. CLAUSEN moved that Rudolph Lapar forward to Dr. Hannigan, the
information on the study of storm drainage.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
May 7, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Gentlemen:
The following resolution was unanimously passed by the
Planning Board attheir.-regular meeting held at the Town Hall
on Monday, May 5th, 1975:
1 4.
WHEREAS, in order to implement the provisions of the Town
Development Plan adopted on February llth, 1974, the Planning
Board, in consultation with the Town Board, the Zoning Board of
Appeals, the Zoning Regulations Advisory Council, the Conservation
Advisory Council, the Assessor to the Town, the Attorney to the
Town, the Building Inspector, the Engineer to theTown, the Highway
Superintendent, the Recreation Commission, and the Zoning Adminis-
trator, has conducted an intensive study of the required revisions
of the Zoning Ordinance and of the Zoning Map, and
WHEREAS, a completely revised Ordinance and Map have been
prepared and approved by the Planning Board, now therefore be it
RESOLVED, that the Planning Board of the Town of Wappinger
recommend to the Town Board the adoption of the attached Draft
Zoning Ordinance and Proposed Zoning Map, revised March 1975.
The Planning Board would like to request that when your Board
schedules the date for a Public Hearing on the Ordinance and Map
you allow the Planning Board time to hold at least two informational
hearings. Tentative dates thus far for these informational hearings
are May 21st, 1975 and June 10th, 1975.
Very truly yours,
s/ Robert A. Steinhaus,
Chairman
MR. CLAUSEN moved to receive and place on file the above letter
from the Planning Board.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
May 7th, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
RE: H.L. Associates Proposed P.U.D. for the Reynolds' Property.
Gentlemen:
With regard to the above -captioned subject, the Planning
Board of the Town of Wappinger interprets the resolution entitled
"An Ordinance Providing for a Planned Unit Development of Certain
Hereinafter Described Lands in the Town of Wappinger, Dutchess
Comity, New York" gives the Planning Board total site plan approval
on uses and their percentages, locations, and sizes.
The Planning Board does have specific concerns with regard
to water, sewer, drainage, and traffic that will require compre-
hensive reports and plans.
Further, the Planning Board would like to ask that your
Board not take action on this application until the new Zoning
Ordinance is adopted.
Very truly yours,
s/ Robert A. Steinhaus Chrm.
i4
Mr. Versace addressing Mr. Rappleyea, stated that according to
the Planning Board letter, the Planning Board has one interpretation
of what PUD should be, and evidently the Town Board has another
interpretation of it. He was confused by the letter - is this
stating that even though the PUD was handled by the Town Board,
any recommendations that we have made on this said property
would be null and void once it went b the Planning Board and that
they would have complete control over what they feel would be an
appropriate use of this land? Mr. Rappleyea answered that he
thought the letter had to be interpreted in the light of the Ordin-
ance, and the restrictions placed on the matter by the Town Board.
The PUD Ordinance, as it is now, talks in terms the fact that an
individual will come before the Town Board and present a plan, not
drawn to specific final engineering drawings, but, giving a general
plan for use and location of structure and use of land. Within
that framework, then, the proposal as it is has been worked out
whereby the Town Board, in its posture to the PUD Ordinance, has
set forth certain minimum restrictions. Now, within that framework
any further refining should be done by the Planning Board, but they
would have to be guided by the Ordinance as it is passed by the
Town Board and if they were going to conflict, the Ordinance by
the Town Board would be the primary guide. He, therefore, would
assume that the Planning Board means that they have a right to
refine or more, perhaps, particularize the detail of a site plan,
but he doesn't think they have a right to change the site plan.
Mr. Versace, having asked Mr. Steinhaus for his interpretation,
explained, without a comprehensive study, the Planning Board is not
sure that they would want to see the space that is allocated for
the uses as set down. No information has been received from the
FAA or County as to whether something is under a flight path, and
so forth - and working under the very close confines of that
resolution may not be possible. Mr. Diehl defended Mr. Versace's
objection, indicating that's what the Town Board had worked on at
15.
many meetings, and that's the way the Town Board would like to
see it, unless the Planning Board has a specific objection from
the State or Federal Government so it could not be developed that
way. Mr. Steinhaus indicated that the Planning Board would come
back to the Town Board if they did run into this kind of a situation.
Mr. Jensen added that this would be true of any PUD, the Town Board
has the right to set down the percentages of uses, whichever ones
they deemed would be favorable, but getting down to the site plan
approval, as long as the percentages are within the realm of the
resolution then the Planning Board feels they have the right, as
he reads the letter, to do the actual site plan, taking into con-
sideration such problems as topographical, swamps, water etc.
Mr. Clausen's concept is that the areas of concern where the
shopping center, ORs etc. would be within that particular develop-
ment, and it was more than just putting down the percentages of
OR, housing and so forth. There was a concern for the layout of
the road in relation to the shopping center what effect would it
have on the residents in the Hackensack Heights area etc. He goes
along with Mr. Rappleyea's explanation, it's a little bit more than
saying we would like to see certain things the Board has given guide-
lines, in what they would like to see happen, and for any reason if
it cannot be met that way, he thinks the Planning Board should come
to the Town Board and so state. Mr. Saland believed both Mr.
Clausen and Mr. Jensen were basically saying the same thing, the
Town Board has given the Planning Board guidelines, and he doesn't
think the Planning Board intends to usurp the Town Board by this
letter, and all seem in agreement with Mr. Rappleyea, that if there
is a deviation from the guidelines, a substantial change, then the
Planning Board is going to have to come back to the Town Board.
Mr. Versace again said he was very concerned with the one sentence
"gives the Planning Board total site plan approval on uses
and their percentages, locations and sizes", the way it is worded
it appears to him that all the work the Town Board has put into this
PUD is a waste of time and effort. Mr. Steinhaus made a few com-
ments on problems of site planning, as to positioning various
structures in areas, buffer zones, etc. and by moving things
around it works out for better site planning. Mr. Rappleyea com-
mented that if that was what was meant by the letter, he believes
the Planning Board is restricted. In the proposed ordinance, as
Mr. Steinhaus had stated, that particular document defined that
particular use. He does think within that framework of that
particular property the Planning Board would be restricted.
MR. CLAUSEN moved that the Town Clerk answer the Planning Board's
letter and state the opinion of the Attorney to the Town Board that
the recommendations proposed by the Town Board and forwarded to the
Planning Board does restrict the Planning Board in those areas and
if any change has to be made, that the Planning Board is directed
to come back to the Town Board before any changes are made.
Seconded by Mr. Versace.
Motion Unanimously Carried
The following letter was received:
May 6, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Road to Rockingham Water Pumping
Station for the Central Wappinger
Water Improvement
Gentlemen:
Sometime last week, in the company of Mr. Hugh J. Maurer and Mr.
William P. Horton, during investigation of the recreation area, and
deciding what to do in that area, Mr. Maurer indicated to us that
there has been vandalism at the pumping station and also that the
access road to that pumping station is impassable at certain times
of the year.
It is therefore recommended that the Water Improvement Area, through
its operation and maintenance fund, repair that road or have Mr.
Horton do the road and reimburse his department. It is also recom-
mended that serious consideration be given to fEencing in the
pumping station since this seems to be the only way to minimize
vandalism.
Thank you very much.
Very truly yours,
s/ Rudolph Lapar
Mr. Diehl commented that he would agree that the pumping station
be fenced in, and asked Mr. Horton if he could give an estimate
of dollars with reference to the road. Mr. Horton had no figures
dollar -wise at this time.
MR. JENSEN moved that the Town Board get some estimates from Mr.
Horton and Mr. Lapar for fencing and putting in the roads - and
present them at the next Board meeting.
Seconded by M r. Clausen.
Motion Unanimously Carried
The following letter was received:
May 5, 1975
Wappingers Falls Town Board
Mill Street
Wappingers Falls, New York
Gentlemen:
We have discovered, thru the Town Engineering,Department, that
the decision where to run the Town Sewer Line in front and thru
our property has been made. We have also been informed that part
of that decision calls for the blasting (with dynamite) of a rock
formation in front of our home. We would like to be on record,
thru this letter, that this rock formation probably protrudes
onto our property and that in the four and one half years that
we have resided in our present home, there are no settlement
cracks or other defects in the walls and structure of our home.
This can be verified by anyone of your choice by prior appointment
with us.
The point of this letter is to establish two facts:
1. We are not thoroughly pleased with the location chosen for
the sewer line; other alternatives are available and were
proposed to us at an earlier date.
2. We hold the Town of Wappingers and the contractor hired by
the Town of Wappingers responsible and liable for any and
all damage to the structure of our home that may be incurred
due to blasting.
Sincerely,
s/ Edward P. Hecker
Barbara K. Hecker
Mr. Jensen inquired of Mr. Lapar if the insurance carriers for
the contractor had been notified, to which Mr. Lapar responded that
he had instructed Lombardi to go there and do whatever he feels is
necessary, to take pictures, and take any necessary precautions.
MR. CLAUSEN moved the letter from Mr. & Mrs. Hecker be received
and placed on file, and the Town Clerk instructed to write the
Heckers thanking them for the letter, and advising them that the
Engineer has cautioned Mr. Lombardi to take all necessary pre-
cautions.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
April 23, 1975
Town Board Members
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Subject: Appointments to the Recreation
Commiss ion
Dear Sirs,
It was my understanding that a person either desiring to
join, or asked to join, came before the commission and was
interviewed, either accepted or rejected and then a recommendation
sent to the Town Board.
I find the recent procedure in appointing a member to the
commission appalling.
Knowing Art Hall and having worked with him, I knew of his
interest in boating and other water activities and asked if he
was interested in serving on the Town Recreation Commission.
Since he was, he came to a meeting and was interviewed after
submitting a requested resume. Two other persons were also
interviewed. The commission recommended to the Town Board that
Mr. Art Hall be appointed to fill an unexpired term.
Later, the Southern Dutchess News reported that another
person had been appointed by the Town Board, a person who has
never come before this commission, made a formal request to
serve, orhasever submitted a resume of qualifications.
I shall never again ask anyone to serve on the commission.
To have someone I recommend, named in the paper as being turned
down, for an unsalaried and now obviously thankless, time consuming
job, the only reason being a "party line" vote makes me very
unhappy about our present system.
I believe the Recreation Commission and the Town of Wappinger,
has lost a knowledgeable member with years of experience in boating
and water activities who could have been invaluable in that area
which is now under discussion for development by the commission.
Based on the article in the paper, it is obvious that there is
no true Recreation Commission, but a commission set up by the Town
Board subject to abuse when recreation becomes a paramount subject.
1 54
Apparently the commission cannot hope to appoint qualified
people. The only qualification for the Recreation Commission
is to be acceptable to the existing Town Board.
Yours truly,
s/ Richard Garren, Member
Town of Wappinger
Recreation Commission
The following members of the commission concur with this letter:
Hugh J. Maurer
Theresa P. Arkell
Jeannine M. Beahan
Joseph Ennesser
Laura Lee Zick
Mr. Versace commented that as a member of the Town Board, he
accepts this letter and its contents. Being a member of The
Board, he expects to be criticieed in any decisions he might
make. It is the right of the residents, and any other Town
:-,-)lappointed Board in this Town to also criticize, but he feels he
has the right to criticize other Boards. He disagreed with the
Recreation Commission on party line vote, it's true that the
three Democrats did vote together on the appointment. Mrs. Schmalz
is not enrolled in any party. Recreation Commission recommendations
were enrolled Republicans, theirs was a party line vote. Mrs.
Schmalz is a person who has been very active in this community,
not only with the young people, but the older residents as well.
She is a hard worker who knows the recreation needs of all the
residents. He went on to say that the Recreation Commission can
still utilize Mr. Hall, if they like, in the boating needs, by
asking him to work for the Recreation Commission in developing a
program in this specific area. He saw no necessity for Recreation
Commission members to be specialists in any one field.
Mr. Jensen commented to Mr. Versace that the Democrats of this
Board had made some significant changes. Some of these appoint-
ments no longer are with the Town. He, too, had voted no party
line and would like Mr. Versace to check the record and correct
his statement. Mr. Versace indicated he had supported the removal
of Mr. Mailepors, and Mr. Saland commented that that correction
--55
took the better part of a year and 10 to 15 thousand dollars of
taxpayers' money. He echoed Mr. Jensen's comments, that their
support has been bi-partisan, then rebuked them for earlier action
tonight in withdrawing a motion for an appointment to the Planning
Board. The vote then should have been taken if this was their
choice, as.it now appears that they were only trying to put an
air of respectability to their appointment by deferring to the
Planning Board for a recommendation. Mr. Clausen felt it was
unfortunate that they, as elected officials took this particular
route to answer this letter. He does not feel it was a political
appointment. His vote for Mrs. Schmalz was because of her knowledge,
dedication and interest in the field of recreation. Mr. Diehl's
commented he thought the whole thing childish and reiterated he
would go back to his record and vote and appoint who he feels and
he's been on both sides of the fence. Mrs. Schmalz, being recog-
nized by the Chair, defended herself by pointing out that she's
given over 14 years of voluntary service in this community, with-
out being on the Commission, gone to many seminars throughout the
State, and brought knowledge through other organizations and she
has neverbeen a member of any political party. She also stated
that she went to the Chairman of the Recreation Commission, and
was told that because she was a woman that she would not be con-
sidered. She didn't believe one more woman would unbalance the
Board. She had expressed her interest to three members of the
Commission over a year ago and everyone on that commission knew
she was interested. She waited for an opening, when she would not
replace anyone presently on the Commission, she filled a vacancy
due to resignation, as she thought the people on the Commission
were valuable there. Mr. Saland asked Mrs. Schmalz if at any
time she had contacted him, or submitted a resume to him or any
member of the Town Board. Mrs. Schmalz answered no.
Mr. Diehl directed the letter from Mr. Garren be placed on file.
The following letter was received:
Robert E. Skillen
Kent Road
Wappingers Falls, New York
May 6, 1975
Town of Wappingers
Mr. Louis Diehl, Supervisor
Mill Street
Wappingers Falls, New York
Dear Mr. Diehl:
Could you please identify for me, to whom I should direct my
questions and complaints regarding sewer and water lireconstruc-
tion on Kent Road.
My questions and complaints are as follows:
1. Why wasn't I ever notified of this activity prior to
being billed on my land tax?
2. Why did the construction company rip down and take
away the stone wall on my entire frontage, without
any permission or notification to me?
3. What are they going to do about replacing the wall or
making restitution?
4. What is going to be done about the mess that has been
left at my driveway entrace?
In summary, I would appreciate some information from your office
at your earliest convenience. You may ask yourself why I have
delayed contacting anyone until now. If so, the answer is that
I am just now coming out of shock.
Yours truly,
s/ Robert E. Skillen
MR. JENSEN moved to refer Mr. Skillen's letter to Mr. Lapar for
investigation and answer, and further report back to the Town
Board his findings.
Seconded by Mr. Saland.
Motion Unanimously Carried
The following letters were received:
Mr. Louis Diehl, Town Supervisor
Town of Wappinger
Town Hall
Wappingers Falls, N.Y.
Dear Mr. Diehl:
May 5, 1975
Re: Wildwood Manor, Inc.
We are writing with regard to the bill received for sewer
charges at the above captioned premises dated April 25, 1975,
in the amount of $2,775.
Upon checking, we find that although we are using approximately
14% of the sewer facilities, we are being billed for 25% of same.
We cannot absorb these excessive charges, and are enclosing our
bill so that you may investigate this matter and determine a
more equitable charge to us.
Very truly yours,
s/ Kermit Gordon, President
Wildwood Manor, Inc.
41 Quarry Dr.
Wappingers Falls, N.Y.
May 4, 1975
Gentlemen:
A few days ago I received a Town of.Wappinger Wildwood Sewer
District water bill for Feb. March April amounting to $37.
Upon calling the office of the town I found out that the bill
was for sewer not for water.
While I was paying L&A Filtration for sewer my quarterly charges
regularly came to the $17.32 minimum, despite the fact that I do
have a water meter that checks my consumption. One would normally
assume that when the municipality takes over a previously privately
owned utility that was operated for profit, charges to town residents
would go down, not up!!! I am now charged by the town more than
double than what I had to pay when the utility was in private hands!
I request that you review the above mentioned charges and make
the appropriate adjustments.
Sincerely yours,
s/ George S. Gati
There was some discussion as to who and how to answer these two
letters. Mr. Diehl believed Mr. Lapar should answer the letter
from Mr. Gordon, upon which Mr. Rappleyea commented that possibly
both letters could be answered with a letter explaining briefly
the history of the background of Wildwood in the fact that the
private operator had proposed rate increases and in fact had
sent out notices of the raise in rates to he thinks about $160
a year back in 1971-72, and it was at that time that the residents
petitioned the Town Board to take it over, and at that time the
Town commenced litigation to prevent the rate increase, which was
an injunction just issued holding it up. Which litigation still
continued until the Town took it over. Unfortunately, what is
1 5 8111
being compared is the rate that was being held by the court to be.
in line pending the trial. The rate is in accordance with what
the proposal was when the Town was asked to take it over.
MR. DIEHL moved that the Attorney to the Town, together with the
Town Clerk draft a letter in answer to Mr. Gordon and Mr. Gati.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
May 9, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Tall Trees Water District
Pressure Problem
Dear Board Members:
Relative to the above referenced problem this office would
recommend the installation of a booster pump and pressure tank.
The cost to the Town would be approximately $225.00 to provide
the equipment only. The cost of installation and minor associated
piping would be borne by the homeowner.
If there are any questions please contact me.
Very truly yours,
s/ Ernst Martin, Jr.
Engineer
MR. CLAUSEN moved to accept the recommendation of Ernst Martin Jr.
and approve the installation of a booster pump and pressure tank
for the Tall Trees Water District at a cost of approximately
$225.00 to the Town, installation cost to be borne by the five
homeowners.
Seconded by Mr. Jensen.
Motion Unanimously Carried
The following letter was received:
May 11, 1975
Town Clerk
Town of Wappingers
Attached is a diagram of a water leak in front of my home
at 36 Alpert Drive. Schoonmaker Corporation had agreed to repair
this leak, but the Town of Wappinger took over the system before
the repair was made. The town is now refusing to repair this
leak. I would like to request that this matter be added to the
agenda of the town board meeting on Monday, May 13, 1975
s/ Donald K. Kitchen
Mr. Diehl commented that Mr. Lapar has explained it all that the
Town rules and specifications as so set by the Town in the past
have been that the individual customer was responsible for the
line, curb cock or whatever, to the laterals in the street in
systems that were not installed by the Town.
MR. DIEHL moved that the Town Clerk together with the Engineer
to the Town stipulate the specifications as set forth by the Town.
Seconded by Mr. Clausen.
(Motion died after discussion)
Mr. Jensen had some reservations with respect to this policy,
therefore he would like to review this policy once again to see
if it, in fact is a fair policy. He can envision that if there
were lines in the middle or across a street, and a house service
to the shut-off box and if there's a leak around the shutoff box
and it's not on his property, there's no inducement for him to
repair the leak, and bear that cost. Mr. Kitchen was present and
was recognized by the Board. He did want clarification, as the
Schoonmaker policy was they owned the line up to, and including
that shut off valve, why isn't the Town the same, and, why is
his valve in his driveway.
Mr. Diehl referred the hole matter of the policy on repairs of
lines to the Sewer and Water Committee and Mr. Lapar to review
the policy of maintenance and repair to resolve whether the Board
is right or wrong in the past policy.
MR. JENSEN moved to table Mr. Kitchen's complaint.
Seconded by Mr. Diehl.
Motion Unanimously Carried
Under Committee Reports, Mr. Jensen stated that the Conservation
Advisory Committee requests $100 for testing water samples.
Previously they had their water tested and it was financed by
funds received from the Ford Foundation Grant.
MR. JENSEN moved that $100 be allocated to the Environmental
Council for water testing.
Seconded by Mr. Saland.
Motion Unanimously Carried
Mr. Jensen, continuing on Committee Reports, noted a new problem
that has cropped up in the vandalism department, that of dumping
grass clippings and garbage at the Hilltop Water Works property.
He has requested Mr. Horton to order some No.Dumping signs, and
wishes to have them placed not only at the Hilltop Plant, but at
all the water and sewer plants. He also recommended to the Highway
Department that possibly a chain could be put across the entrance
to the Hilltop plant.
MR. JENSEN moved that "No Dumping" signs be placed at the various
water and sewer plant properties, and also a chain be placed at
the Hilltop Water Works.
Seconded by Mr. Saland.
Motion Unanimously Carried
Mr. Jensen also reported that on a recent tour of the different
water plants, it was noted that dome repairs are needed to the
roof of the Hilltop Water Plant, shingles have blown off or ripped
off by vandals. He has no estimate of cost for repairs, so possibly
informal bids can be sought to have it done.
MR. JENSEN moved to authorize and direct the Engineer to the
Town to seek informal bids for the repair of the roof of the
Hilltop Water Plant.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Versace asked about the request made at the April meeting
concerning the State Aid for Oakwood Knolls for the Sewer District
which is now non-existent. The sum of $10,000 has been received
by the Town for State Aid for the years '71, '72, '73 and the
moneys were to be used to clear up some outstanding bills for
that District and there was a question on the balance, whether
Audit & Control would approve a rebate of the balance to the
residents. Mr. Rappleyea replied that he had received no written
opinion as yet. He has written and called and has had no response.
Mr. Clausen, on the subject of vandalism, asked the Supervisor's
Office to direct the Comptroller to try to come up with a summary
of what money is spent in the Town that is related to vandalism.
Police protection has been discussed, and there is a concern
about the cost of a Police Force, he would like to see whether
this is a balance, reduction in vandalism cost in relation to cost
of a Police Force.
Mr. Clausen also asked Mr. Diehl for a report on the Landfill,
and where we are. A few random comments going by his own observa-
tion were that the operation at the airport was less than desirable,
and believes the best thing for the area, and the Town of Wappinger,
would be to have that site closed down, and a more suitable site
found. What is the life of the site, and is the County and/or
Board of Governors preparing to close it down?
Mr. Diehl stated that two months ago he had offered the resolutbn
at a Board of Governors' meeting that the Board of Governors close
the Landfill site December 31, 1975. The County Executive and
Board of Representatives were so notified of this action, and it's
762
one of the main reasons why they are scurrying around now to
find a new site - apparently in Wappinger, there is that possi-
bility that other County property at the airport might be con-
sidered as an interim site, until a desirable site is found.
Last Monday was when Mr. Bartles announced a new location - Cooper
Road and Robinson Lane (not the same site as mentioned in the
Trautman Report) but does contain the same problems. There are
a lot of petitions being circulated against these sites. Right
now the decisions and problems are at the county level.
Lynn Huber, President of the Royal Ridge Civic Association, being
recognized by the Chair, read a statement indicating their civic
association was drafting a letter to -the County Executive, Mr.
Houghtalin and Mr. Diehl stating they support Mr. Diehl and do not
another landfill in Wappinger. Mr. Diehl commented he had tried
to reach all the civic associations requesting them to react.
Mr. Saland commented that in a matter of the last couple of weeks
Mr. Laird was quoted as indicating that the County may wish to
impose the pyroalysis plant on the Town of Wappinger. He feels
this is a big County with plenty of acreage and there seems to be
no reason to impose this on the Town of Wappinger.
MR. SALAND moved that Mr. Laird and/or the County Executive and
County Board of Representatives be so notified that the Town of
Wappinger opposes any future site in the Town of Wappinger for
either a sanitary landfill or pyroalysis plant.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Ed Hawksley being recognized by the Chair made an unofficial
statement for the Wappinger Conservation Assocation indicating
that of course no one wants a landfill site in the Town, but
everyone has to realize it has to be somewhere, and.a search has
to be made for a site that has the least environmental impact
on the area, if it happens to be in the Town of Wappinger, then
it would have to be accepted here.
16
Mr. Diehl made note of the fact that Virginia Ferris, Town
Historian had obtained two Town Flags, and on May 20th, they will
be dedicated to the Town.
A Public Hearing having been duly held on the application by H.L.
Associates for a PUD rezoning on April 15, 1975, the matter was
placed before the Board for their consideration.
Mr. Diehl asked the attorney if there were objections or any
reason why the matter should not be considered. Mr. Rappleyea
instructed the Board that due to a recommendation against approval
received from the Dutchess County Department of Planning, that it
would take four affirmative votes in order to adopt the PUD, he saw
no legal objection to the adoption of it even in light of the
proposed Zoning Ordinance Amendments.
The following resolution was offered by COUNCILMAN CLAUSEN who
moved its adoption:
BE IT ORDAINED by the Town Board of the Town of Wappinger
as follows:
Section 1. Pursuant to Section 460 of the Zoning Ordinance,
the following described parcel of land shall be rezoned on the
Zoning Map of the Town of Wappinger to a Planned Unit Development
(See Schedule "A" Attached)
Section 2. In addition to such conditions as may be imposed
upon said premises by the Town of Wappinger Planning Board, the
following standards are hereby imposed upon the use of said pre-
mises:
A. The map dated June 6, 1973 and revised on three
occasions, the last being March 6, 1975, and made by M.M.
Spector, P.E., L.S., and filed with the Town Clerk and is hereby
adopted by reference thereto.
B. The area set forth in said map designated "Municipal"
and being 20.412 acres, more or less, shall be dedicated and
conveyed without cost for municipal purposes in a manner determined
by the Town Board.
C. The area set forth on said map designated "municipal"
and being 9.947 acres shall be dedicated and conveyed, without
cost to the Town of Wappinger for its general purposes.
D. The area set forth in said map designated "residential"
and being 148.276 acres shall be developed as residential lands
with the following maximum units:
% of Number of
Units Type of Unit Units Agreed
25 One Bedroom Units 112
47 Town House 2 BR 210
20 Town House - 3BR 90
8 Detached - Up to 4 BR 38
Totals
100%
450
164
The lands within that area not so used shall be maintained
as open space under such conditions as may be imposed by the
Planning Board of the Town of Wappinger.
E. The area on said map designated "Park" comprising
of 10.547 acres shall be conveyed to the Town of Wappinger for
park purposes.
F. The area on said map designated "playground"
comprising of 16.777 acres shall be developed and maintained
in such a manner as may be approved by the Planning Board of
the Town of Wappinger as recreation lands to be used in conjunc-
tion with the residential development.
G. The areas on said map designated "Industrial"
comprising of 7.691 acres, 25,564 acres and 20.424 acres shall
be changed to a Planned Unit Development classification, but
its uses shall be restricted to those uses provided in the Town
of Wappinger Zoning Ordinance under the zoning classification
"General Industry"(GI) and further providing that the building
location and lay -out shall generally be in accord with a map
attached hereto and made part hereofmade by M.M. Spector, P.E.
which map shall be incorporated herein by reference thereto and
which said map shall be filed in the Town Clerk's Office.
H. The area on said map designated "shopping" and
being 15.921 acres shall be rezoned to a Planned Unit Develop-
ment classification, but its uses shall be restricted to those
set forth in the Town of Wappinger Zoning Ordira-ice under the
classification of "shopping center" (SC) and the lay -out of the
structures shall be generally in accord with the map made by
M.M. Spector and incorporated herein by reference and filed with
the Town Clerk.
I. The area on said map designated "office research"
and being 35 acres, more or less, shall be changed to a Planned
Unit Development classification, but its uses shall be restricted
by the Planning Board to those uses set forth in the Town of
Wappinger Zoning Ordinance under the provisions of the "office
research district" (OR), and the general lay -out of the buildings
shall be in accord with the map made by M.M. Spector Incorporated
herein by reference and filed with the Town Clerk
Section 3. This Ordinance shall be effective upon adoption,
posting and publication as provided by Town Law.
DESCRIPTION .
1 s 5 PROPERTY OF H. L. ASSOCIATES
All that certain piece or parcel of land situate and being
in the. Town of -Wappingers, County of Dutcliess, State of. New York
and described as follows:
PARCEL. IA
BEGINNING at an iron pipe found at the intersection of
three stone walls, said point being at the common point of parcels
IA, IB and II of the property hereby described; thence N34°4"2'10" E,.
1574.05 feet to an iron pipe; thence N15°44' 19" E, 1195.31 feet through
j r �
an iron pipe to the southerly boundary of Maloney Road; thence along
said boundary and along a fence line the following courses .and distances: •
S33°30'17"E, 800.00 feet; N42°57'02"E, 63.34 feet to a 24 inch tree;
N4219'40"E, 548. 50 feet; N73°44' 37" E, 99. 60 feet; S76°08'27" F., 29.06
• feet; S57°18' 00" E, 99. 70 feet to a 13 inch tree; S40°03' 01" E, 54. 50 feet;
S56°41'18"E, 90.80 feet to a fence line on the westerly boundary of;
property now or formerly of Penn Central Railroad Co.; thence along
said boundary and along a fence line the following courses and distances:
S01°14'17"E, 1753. 00 feet; S54°27'14"W, 31.76 feet; S01°16'32"F, 986. 00
feet to the remains of a 10 inch tree; thence along a fence line and the
remains of a stone wall t1,ie following courses and diat<nces: S20°5:'_'02"W,
1129. 00 feet; S22°21'02"W, 186. 57 feet to a corner; S23°36'53"E, 670.79
feet to .a corner; S60°49'37"\\', 526. 00 feet to a corner; S32°591.12"1,:,
ti
+in SPECTER. P E.. L.S. CONSULTING ENGINEERS. PLANNERS. LAND 5lIRVEVOrt9
PROPERTY OF 1-l. L. ASSOCIATES
PARCE1, IA (Cont.)
1
1 !. of ',
153.00 feel to :t corner; S69°16'''6"\\ , 48.1.00 feet;
0
450.00 feet to a corner; S12 56131"E, 403. 00 feet to a corner;
S59° 53'30"\V, 170, 45 feet; S88°43'22"\V, 8. 34 feet to :a corner;
N32°15'49"W, 1000, 79 feet to an 18 inch tree; thence N270-17'37•'1'
through a field,. 559. 22 feet -to 'a corner; thence along the remains
of a fence line and stone wail the following course
0
N`i6 42' 58"Ii:, 164.88 feet to an iron pipe; thence N56°42' 58"E,
150..11 feet to an iron pipe at a corner; thence N33°12'08"W, 303.10
feet to a point or, the casrly bout Bary of Hackensack Heights Road;
thence t►1.o►ig sadboundary the following courses and distances:
N56°47'52."E, 59.99 feet; on a curve to the left with a radius of
282.72 feet, 177.54 feet; N20°49'04"h, 214. 50 feet; on a curve to
0
the left with a radius of 350.80 feet, 105. 74 feet; NO3 32' 51" E, 81,12
feet; on a curve to the left with a radius of 275. 00 feet, 77..16 feet
to a point; thence N87°34139"E leaving said boundary line, 351, 64 .
feet to a point; thence N33°23'15" -W, 361.81 feet to an iron pipe;
thence N34°19'34"W, 188. 20 feet to an iron pipe; thence N31°56'So"tit',
126.15 feet to an iron pipe; thence along a fence line and stone wall
the following courses ancl distances: N31°51'08"\V, 115. 60 feet;
N30°55'28"W; 127.33 feet; N32°2.8'08"W, 158.24 feet; N32
161. 06 feet; N31°41'07"W, 289. 60 feet, to the point of beg):,ning being
215.128 acres, more or less.
►
7"W,
td SPECTER, P E., L S. coN9uLTINO ENGINEEft5. PLANNEP3. LAND 5LINVFrO?'
Pb OPER'f'Y OF
PAR EL 113
ASSOCL
3 of 5
13I;C;INN1NC; :,t an iron pipe found ;it the inter.;erti,►n 4)f
three stone walls, said point being at the coinrnon point of Parcels
1A, 113 and 11 of the property hereby described; thence S5t,"46' it;"W
along a fence line and stone wall, 350. 16 feet; thence S3.4"54'17"F=,
159.54 feet to the northwesterly edge of the cul-de-sac of I-Iacl:ensacic
Heights Road; thence on a curve to the 1ef: with a r;tdius t.f 50, 00 feet
along said edge of cul-de-sac, 52. 36
; thence N.3 -
'17''W, 159. 54
feet; thence S�,7c'29'3H1"\V along a fence lin, , ..38. 76 feet t,. .i►► iron
pin; thence ;hong a fenc.e.linc .` �c:(;a2' 14" \V, 606. 6R
post; thence S65°25'2.7"throu
.t Corder
field, 11' 2. 87 to an iron pin;
thence N89°03'15"Vi along a fence line, 525. •12 feet to the t•;t:.tt• r1,
boundary of Route 376; thence N01°43' 50"\1• along said bound;► ry,
339, 07 feet to a corner; thence leaving said boundary and 1.,F
0 fence line the following courses; a,rid 'distances: _N73°44'28" E, 138. 83
67 feet to a corner; S16°14'17"E, 48. 37 feet to a corner; N79°05'37"E,
3.
69. 18 feet to a corner; SZ7°17' 45" E, 45.94 feet to a corner;
N53°43'28"E, 722. 54 feet; N57°57'42"E, 1841. 31 feet to the inter-
section of two fence lines; thence S31°34'21"E along a fence line
:and stone watt, 600. 32 feet to the pont of beginning being 3t}. 345
acres more or less.
SPECTF R. P.E.. L S. CoH4ULTINCI FHiIH[ENS. PL sNiRY, t.',ND SURYEY045
PROPERTY OF H. L. ASSOCIATES
PARCEL II
.'4 of 5
BEGINNING at an iron pipe found at the intersection of
three stone walls, said point being at the common point of Parcels
IA, IB and II of the property hereby described; thence along the
remains of a fence line and stone wall the following courses and dis-
tances: N31. 34'21"W, 600. 32 feet; N29°54'20"W, 666. 22 feet;
N31°59'28"W, 334090 feet to a point; thence N31°59'28"W, 569. 00 feet
to a corner; thence N55°41'05"E, 580. 77 feet; thence N51°Zd1'50''E,
147. 02 feet; thence N58°53'33"E, 326. 28 feet to a corner; thence
S52°45'43"E, 126.53 feet to a i:orfter; thence.N14°"47'38"E, 279.9f
feet; thence N00°19'08"W, 52. 65 feet to a corner; thcncc 5
S°19'11'
75.87 feet to a corner; thence N20°51'08"E, 1-16.17 feet to a corner
on the southerly boundary of Maloney Road; thence along,
u nda ry
and along n stone \\/- 11 and fence Bite the followini course:.; z-tnd distances:
S 58°27'10"E, 147.30 feet to .ur iron pipe; S60°2.8'54"E, 29. 96 feet;
thence 581.°35'24"E, 173. 40 feet to a corner; thence S13°28'19" \V, 645. 97
feet; thence S13°28'19"W, 546. 55 feet to a corner; thcncc 574
8'10. 00 feet. to an iron pipe; thence S34°42'10"W, 1574. 05 feet to the
point of beginning being 55. 918 ac res more or less.
BEGINNING at the centerline of Smith Crossing Road;
thence Sl4o26'50"E along said centerline, 103. 25 feet; thence
N89°58'35"W along a fence line, 323. 00 feet to the easterly boundary
of Property now or formerly belonging to Penn Central Railroad Go. ;
thenc e N0I°14'17"W along said boundary, 100. 00 feet; then( e .`i8M"58" 5" l
M M SPECTER P E.. L.S. CONSULTING ENOIN=CRS. PLANNFR3. LAND SURVEYOR>>
PROPERTY OF II, L. ASSOCIATES P. 5 of 5
PARCEL IC (Cont.)
along :i fence line, 299. 40 feet to the point of beginning being 0. 711
acres, more or less.
Seconded by Mr. Versace
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Nay
Councilman Saland Nay
Councilman Versace Aye
Supervisor Diehl Aye
Resolution Defeated
Mr. Jensen qualified his nay vote by stating that at the Public
Hearing he wasn't entirely satisfied with the presentation of
the developers. He found that the shopping center they had set
aside was more than just a neighborhood shopping center, but more
of a regional type and he just feels that their presentation was
not what he expected for a planned unit development - too much
commercial, and shortly, when, and if, the new Zoning Zordinance
is adopted, this particular property is zoned from PI & AI which
possibly would meet the needs of the Town.
Mr. Saland, also upon voting nay, qualified it by indicating that
at the Public Hearing, several questions raised by residents,
received, to him unsatisfactory answers, one in particular was
regarding population figures.
y
The following resolution was offered by COUNCILMAN JENSEN who
moved its adoption:
WHEREAS, the Town Board of the Town of Wappinger has indicated
a desire to adopt an installment plan for the payment of State,
County and Town Taxes and
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the
Town of Wappinger hereby elects to adopt an installment payment
method for the payment of State, County and Town Taxes and any
other special district assessments, which may be included on the
tax levy in accordance with Section 1502 of the Real Property
Tax Law of the State of New York; and the tax collector is
authorized to collect taxes in accordance with Section 1502 from
any tax payor electing to pay taxes in installments in accordance
with said Section of the Real Property Tax Law, in accordance
with the following installment schedule:
The first installment shall be paid on or before the last
day of February;
The second installment shall be paid on or before the 31st
day of May;
The third installment shall be paid on or before the 31st
day of August of any such year.
BE IT FURTHER RESOLVED that interest and penalties shall
be applied in accordance with Section 1502 of the Real Property
Tax Law and all the other provisions thereof shall be applied to
such installment system.
Dated: May 12, 1975
Seconded: Councilman Saland
Roll Call Vote: 5 Ayes 0 Nays
Resolution Duly Adopted
The following Ordinance was introduced by COUNCILMAN JENSEN:
BE IT ORDAINED by the Town Board of the Town of Wappinger
pursuant to Article 16, of the Town Law, as follows:
Section 1. The Zoning Ordinance of the Town of Wappinger,
adopted January 29, 1963 and as amended from time to time is
further amended to read in accordance with the amended Ordinance
which is attached hereto and made part hereof which is incorporated
in and made part of this Ordinance by reference thereto.
Section 2. The Zoning Map adopted January 29, 1963 as amended
from time to time is further amended in accordance with the
attached map which is incorporated herein by reference thereto.
Section 3. These amendments to the Zoning Ordinance of
the Town of Wappinger and the Zoning Map of the Town of Wappinger
shall be effective upon adoption, posting and publication as
provided by Town Law.
Seconded by Mr. Saland
The following resolution was introduced by COUNCILMAN SALAND,
who moved its adoption:
WHEREAS, there has been introduced, an ordinance amending
the Zoning Ordinance and Zoning Map of the Town of Wappinger,
now, therefore,
BE IT RESOLVED that a public hearing shall be held on the
24th day of June, 1975, at 7:30 P.M., Eastern Daylight Time, at
theWappinger Jr. High School, Remsen Ave., Town of Wappinger,
Dutchess County, New York.
BE IT FURTHER RESOLVED that the Town Clerk shall give notice
of said public hearing as provided by law.
Seconded by: Councilman Jensen.
Roll Call Vote:
Councilman Clausen Ave
Councilman Jensen Aye
Councilman Saland Ave
Councilman Versace Aye
Supervisor Diehl Aye
Resolution Duly Adopted
MR. SALAND moved to provide a supplement of the text of the proposed
Zoning Amendments in the Southern Dutchess News to be distributed
in the Town of Wappinger, and also that the Chairman of the Planning
Board be authorized to provide to the Advisory Zoning Committee
an additional i dozen copies of the proposed Zoning Ordinance
Amendment, and, if by the end of, the following week, at the Chair-
man's discretion, if there are enough copies remaining available
to distribute these among each member that served onthe Committee,
Seconded by Mr. Jensen.
Motion Unanimously Carried
A Resolution authorizing the issuance of $9,125 Capital Notes and
$173,375 Serial Bonds of the Town of Wappinger,. Dutchess County,
New York, to pay the cost of construction of additions to the
surface drainage system of said Town. (Storm Drainage for Wappin-
ger Park Development) was placed before the Board for their consid-
eration. After the first reading by the Town Clerk, Supervisor
Diehl commented that it appeared to him that it has a similarity
to a previously presented program in that area, and also he
believes there is a possibility that it might pick up sewerage in
that area and transport that to the area of a pond that the Town
has had complaints on before. Mr. Saland concurred with Mr. Diehl,
171
noting that the proposal did indeed have similarities to a
previous bonding resolution that went to referendum and was
defeated 9 to 1. He believed the trend was one of conservatism
at present.
•
Mr. Clausen commented that both he and Mr. Versace in the past
have been very concerned about the drainage in the Wappingers
Park Area, the residents there need it, and the situation has
been discussed with the Highway Superintendent, and he is well
aware that they need it. However, realizing the economic situation
and realizing that it probably would present a burden to the tax-
payers at the present time, he asked that this resolution be placed
on file for a future time.
MR. CLAUSEN moved that the Bonding Resolution for payment of
construction of additions to the surface drainage system of said
Town be received and placed on file for future action.
Seconded by Mr. Versace
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Aye
Councilman Versace Aye
Supervisor Diehl Aye
The following recommendation was received:
May 5, 1975
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Flow Meter Bid
Midpoint Park and Wildwood
Sewer Districts
Dear Board Members
Enclosed herewith please find the bid results of the above
referenced project. This office finds the bids in order and
Lafko Associates, Inc. the low bidder.
We therefore, recommend Lafko Associates, Inc. for the two
contracts for a combined lump sum price of $11,464.00
Very truly yours,
s/ Rudolph E. Lapar
BID OPENING
MID -POINT PARK SEWER DISTRICT
and
WILDWOOD SEWER DISTRICT
FLOW METER INSTALLATION
Lafko Assoc. Hall & Co.
172
Per Contract Alternate
Wildwood Sewer District $3,975.00 $6,900.00
Mid -Point Park,Sewer District 7,490.00 14,599.00
Total $11,465.00 $21,499.00 $15,700.00
MR. JENSEN moved that the recommendation of the Engineer, Mr.
Lapar, be accepted, and the bid for Flow Meters for Mid -Point Park
and Wildwood Sewer District be awarded to Lafko Associates for
$11,465.00, as low bidder.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Saland directed a question to Mr. Lapar regarding receipt of
a time table for work that was required to be done on the Mid -Point
Sewer Plant with funds received at the time of purchase.
Mr. Lapar responded that a time table would depend on the flow
data that would be accepted by the Dutchess County Health Depart-
ment. He will write them asking how long they would like the
Town to take records before the Town goes with the redesign of
the Plant, sand filters, etc.
The following letter was received:
May 7, 1975
TO: TOWN BOARD MEMBERS
ELAINE SNOWDEN, TOWN CLERK
FROM: SUPERVISOR'S OFFICE
RE: TRANSFER OF FUNDS
The sum of $2,000.00 was received from Triangle Pacific
Cabinet Corp. on January 15, 1974 for downstream drainage (Mid -
Point Park) and was deposited to the General Fund -Part Town
under Miscellaneous Income - Account B2770.0. (Copy of Receipt
No. 2206 attached.)
In order to pay Voucher #143 which, was audited Feb. 18,
1975, to Dave Alexander, Inc. for downstream drainage work performed,
we would recommend that the Town Board transfer the sum of $2,000
from Contingency -Part Town - Account No. B1990.0 to Account No.
B8540.4 - Drainage. This is to appropriate monies to this account
in order that the bill may be paid under the 1975 budget.
A copy of Audited Voucher #143 and a copy of the minutes of
the meeting of. December 10, 1975 regarding the above matter is
enclosed for your information.
Respectfully submitted,
Supervisor's Office
MR. CLAUSEN moved that the Supervisor be authorized and directed
to transfer the sum of $2,000 from Contingency Part Town, Account
#B1990.0 to Account #B8540.4 - Drainage in order to pay the bill
presented for work performed for downstream drainage.
Seconded by Mr. Saland.
Motion Unanimously Carried
The following resolution was offered by COUNCILMAN CLAUSEN who
moved its adoption:
WHEREAS, the Highway Superintendent has recommended the
acceptance of the right-of-way previously known as a public
street, and
WHEREAS, a deed of dedication to Roberts Road has been
offered to the Town providing for a fifty foot width of said road,
and
WHEREAS, it appears in the best interests of the citizens
of the Town to accept and maintain Roberts Road as a Town road,
NOW THEREFORE, BE IT RESOLVED that the Town hereby accepts
as a Town Road, Roberts Road.
Seconded by: Mr. Clausen
Roll Call Vote:
Councilman Clausen
Councilman Jensen
Councilman Saland
Councilman Versace
Supervisor Diehl
Resolution Duly Adopted
Aye
Aye
Aye
Aye
Aye
7i
The request of the Building Inspector for an increase of
Building Permit fees was again placed before the Board for
their consideration.
not
Mr. Clausen commented that unfortunately the Board had/met formally
with the Building Inspector to discuss this. It was decided to
schedule a meeting with the Building Inspector for May 19, 1975
to discuss his recommendations.
Under New Business, Judy Markbein, President of the Rockingham
Farm Civic Association, being recognized by the Chair, asked
about the low water pressure in her development, and Mr. Jensen
suggested she contact Camo Pollution.
MR. SALAND moved the meeting be adjourned, seconded by Mr. Clausen,
and unanimously carried.
Meeting adjourned at 11:25 P.M.
ka,,,,,,81,2.„
Elaine H. Snowden
Town Clerk
Reg. Mtg. 5/12/75
HIGHWAY
WARRANT
To .Louts D....D3ehl , Supervisor
Town of Wappinger , County of__Dutcbess ,New York.
The following claims, having been presented to the Town Board of the Town of
•-.3iappingar , and duly audited and allowed at a meeting thereof held on the
...12tbday of May , 19.75.__, in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM NAME OF CLAIMANT ' AMOUNT FUND OR OTHER INFORMATION
No. ALLOWED ACCOUNT
77 Away Petroleum Corp. $98.2a DB5110.4
78 Ogeen Citv Dist;ibutors 611.23
79 IDutch*ips Quarry & Supply 1380.0 "
80 1Clove Excavators, Inc. 1526. "
81 R.H. Ling.. Inc. 1.7 to
82 Montfort Bros.. Inc. 244.31 "
84 Edgerton Sales Corp.
85 V & V Electric. Inc.
86 Ellison Products
87 McDonald 6 McDonald. Inc.
88 Walter Smith Welding
89 Ildward Ehrbar. Inc.
90 J Edvard Ehrbar, Inc.
91 H.O. Penn Machinery
1000.
229.1.I
39.161
168.301
manol
66,,36
12.21
13.01
11
DM ,1,30.4
n
fl
11
8
92 Diesing Supply Co. 9.80 t'
93 IWitchey Gas & Service 35.OQI "
94 8 & K Auto Supply 101.261 "
95 Bennett Enterprises 118.401 "
96 JRalph C. Herman Co.. Iuc. 533.5141 "
97 'Donohue Tree Service 60.001 DS5140.4
98 jRovsRutlsdgs 19.051 "
99: [Hudson Rimmer Sales Corp. 1, 68.701 DS5142.4
7�t-466i•(f
Tel -Witness Whereof, I have hereunto set my hand and the Seal of the Town of.Wappinger
this 12th day of y , 19.._.75
Town Clerk Clerk
[SEAL