1974-09-19 SPMA Special Meeting of the Town Board of the Town of Wappinger
was held an September 19, 1974 at the Town Hall, Mill Street,
Wappingers Falls, New York.
This meeting was scheduled at the Regular Monthly Meeting of
September 9, 1974, upon motion of Mr. Versace, to be held'at
7:00 P.M. on the 19th ofSeptember 1974, for the purpose of con-
sidering action on a Resolution Calling for a 120 Day Moratorium,
and any other business that may properly come before the Board.
Supervisor Diehl called the meeting to order at 7:30 P.M.
Present:
Louis Diehl, Supervisor
Louis Calusen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Others Present:
Allan Rappleyea, Attorney to the Town
MR. CLAUSEN moved the following letter from the Dutchess County
Department of Planning be received and placed on file.
Seconded by Mr. Saland.
Motion Unanimously Carried
TO: Town Board
Referral: 74-210 Town of Wappinger
Re: Town moratorium on subdivision and site plan approvals
The Dutchess County Department of Planning has reviewed subject
referral within the framework of General Municipal Law (Article
12B, Sections 239-1 and 239-m) and finds the decision in this
matter primarily involves matters of local concern.
The Dutchess County Department of Planning therefore recommends
the decision be based upon local study of the facts in the case.
The Dutchess County Department of Planning does not presume to
base its decision on the legalities or illegalities of the facts
or procedures enumerated in subject zoning action.
Dated: September 10, 1974
Henry Heissenbuttel, Comm.
Dutchess County Dept of Planning By: s/ Eric W. Gillert
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Supervisor Diehl recognized Mr. J. S. Marshall from the floor
who questioned what the economic consequences would be if the
proposed moratorium were adopted, what effect this uould have on
employment due to this, what effect on the welfare roles and
the purchase and sale of land.
Supervisor Diehl and Councilman Saland attempted to answer Mr.
Marshall's questions indicating these questions had been.weighed_:
before considering the proposal.
A Public Hearing having been duly held on a proposed Ordinance
for a 120 day Moratorium on September 5, 1974, the matter was
placed before the Board for their consideration.
The following resolution was offered by COUNCILMAN CLAUSEN, who
moved its adoption:
WHEREAS, the Town of Wappinger has participated for several
years in a long-range program, designated as "Dutchess 1990",
with adjoining municipalities, and in cooperation with the
State of New York, and
WHEREAS, after several meetings and public informational
sessions, the Town of Wappinger Planning Board has adopted a
revised Master Plan, and
WHEREAS, the state and federal governments have been en-
couraging municipalities to adopt more stringent regulations
with regard.to flood plains and building near streams, and
have required the adoption of said plans to enable home -owners
to purchase flood insurance, and the Engineer to the Town is in
the process of completing a proposal for such regulation, and
WHEREAS, Frederic P. Clark Associates have commenced the
redrafting of the Town's Zoning Ordinance and map, and it would
appear that such documents will be available for a public hearing
thereon, within 120 days, and
WHEREAS, the Town Board of the Town of Wappinger would like
to prevent a rush to the Planning Board by applicants prior
the enactment of a new Zoning Ordinance, so that the aims and
purposes of the Town's Master Plan are not frustrated, now
therefore,
BE it enacted and ordained by the Town Board of the Town
of Wappinger:
Section 1. The power granted to the Town of Wappinger
Planning Board by resolution of the Town Board of the Town of
Wappinger on January 7th, 1960, to approve subdivision plats
pursuant to Sections 276, 277, and 278 of the Town Law shall
not be exercised for a period of 120 days from the date of the
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/7appinger on January 7th, 1960, to approve subdivision plats
pursuant to Sections 276, 277, and 278 of the Town Law shall
k_not be exercised for a period of 120 days from the date of the
enactment of this Ordinance. During said period, the said
Planning Board shall not grant preliminary and/or final approval
to any applicant which has not made an application to the said
Planning Board for subdivision approval prior to July 1st, 1974.
Section 2. The power granted to the Town of Wappinger
Planning Board by the Town of Wappinger Zoning Ordinance to
approve of site plans shall not be exercised by'it for a period
11160 of 120 days from the date of the adoption of this Ordinance,
except that any site plan, application for which was made prior
to July 1, 1974, may be approved provided all conditions of
other applicable laws or ordinances shall have been complied
with.
Section 3. This Ordinance shall take effect immediately
upon posting and publication, as provided by Town Law.
Seconded by: Councilman Saland
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Aye
Councilman Versace Aye
Supervisor Diehl Aye
Supervisor Diehl qualified his vote by stating that he thought
this is the right thing at this particular time, but he wished
to inject into it, because there seems to be a great division
amongst many of the Town's people and groups, and would hope
in the future during this 120 day moratorium that various groups
would come forward and join our advisory group and bring their
ideas and thoughts through the advisory group to the Board and
make an attempt, when the moratorium is over that we can get
down to serious consideration and planning good quality develop-
ments and construction in the Township in this town as in any
Town there has to be a wide variety of good building to take care
of all walks of life.
A request was received from Thomas Logan, Town Assessor for
permission to attend a course at New Paltz State College on Real
Estate Appraisal at a cost of $150.00. The course will run from
October 7, 1974 to February 1975 on Monday evenings.
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SUPERVISOR DIEHL moved that permission be granted Thomas Logan
to attend the course offered at New Paltz State College on Real
Estate Appraisal and, that the fee of $.50.00 and his legitimate
expenses be a Town Charge.
Seconded by Mr. Jensen.
Motion Unanimously Carried
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A Public Hearing having been duly held on a proposed Ordinance
regulating use of park lands in the Town of Wappinger on Septem1110
-
ber 12, 1974, the matter was now placed before the Board for
their consideration.
The following resolution was offered by COUNCILMAN CLAUSEN who
moved its adoption:
Be It Enacted by the Town Board of the Town of Wappinger,
Dutchess County, New York:
Section 1. This Ordinance shall apply to all park lands
within the Town of Wappinger, exclusive of those within the
corporate limits of the Village of Wappingers Falls.
Section 2. It shall be unlawful for any person to operate
a motor vehicle, a motorcycle, a motorbike or a snowmobile,
within any park in the Town of Wappinger, except on roadways
or in parking areas designated for the use of motor vehicles,
motorbikes, motorcycles or snowmobiles, within such park lands.
Section 3. It shall be unlawful for any person to operate
a motor vehicle, motorcycle, motorbike or snowmobile within
any area of a park unless the operator is duly licensed by the
State of his residence and unless said vehicle is licensed by
the State of the owner's residence.
Section 4. It shall be unlawful for any person to use,
enter upon or occupy any park within the Town of Wappinger,
except during the hours established for its use by the Town of
Wappinger Recreation Commission.
Section 4.1. The Town Board of the Town of Wappinger
hereby delegates to the said Town of Wappinger Recreation
Commission the duty of establishing the hours for the use of
each of the parks or portions thereof, within the Town of
Wappinger. All such hours shall be clearly posted at the
usual and ordinary entrances to said parks. Said hours shall
be established by resolution of said Town Recreation Commission
which shall be filed with the Town Clerk within ten (10) days
after its adoption or amendment.
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Section 5. Any person violating the provisions of this
Ordinance shall be guilty of a violation as defined by Section
10.00 (3) of the Penal Law and upon conviction thereof, shall
be punished in accordance with the provisions of Article 55 of
the Penal Law.
Section 6. This Ordinance shall take effect immediately
upon adoption, posting and publication, as provided by Town Law.
Seconded by: Councilman Jensen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Aye
Councilman Versace Aye
Supervisor Diehl Aye
Resolution Duly Adopted
The Town Clerk reported that a petition, containing over 387
names, was filed with her on September 11, 1974 petitioning
that a certain resolution, adopted by the Town Board on August
12, 1974 pertaining to the expenditure of $420,000.00 for Storm
Drainage be submitted to the qualified electors of said Town of
Wappinger at a Special Town Election for approval or disapproval,
in accordance with section 91 of the Town Law.
Mr. Clausen requested a recess be called.
Mr. Jensen indicated there was some business he would like to
present to the Board before going into recess. Mr. Clausen
agreed to hear Mr. Jensen first.
Mr. Jensen stated that Warren Strohm, Chairman of the Zoning
Regulations Advisory Committee had spoken to'him about requesting
permission for two members of this committee to go on a tour
through upper New York and Canada, arranged by the Dutchess County
Extension Service next week, (week of Sept. 25th). The two members
of ZRAC.interested in taking the tour were Allan Hall and Alexander
Zak.
MR. CLAUSEN moved that permission be granted to Allan Hall and
Alexander Zak to take the tour and that their legitimate expenses
be a Town charge.
Seconded by Mr. Saland. Motion Unanimously Carried
MR. CLAUSEN moved for a recess, seconded by Mr. Versace and
carried.
Mr. Diehl declared recess at 7:48 P.M.
Supervisor Diehl called the meeting back to order at 8:21 P.M.
The following letter was received:
•September 19, 1974
Town Board
Town of Wappinger
Wappingers Falls, N.Y.
Gentlemen:
I herewith transmit for your consideration the proposition
to be acted upon by the Electors of the Town of Wappinger,
exclusive of the Village of Wappingers Falls, at a Special
Election to be called therefor by your Honorable Body.
Respectfully,
s/ Elaine H. Snowden
Town Clerk, Town of Wapp.
PROPOSITION
Shall the Resolution adopted by the Town Board of the
Town of Wappinger on August 12, 1974, providing for the con-
struction of storm drainage on roads in the Town of Wappinger
and providing for the financing of said improvements by the
expenditure of the sum of $420,000.00 and authorizing the
issuance of serial bonds in the sum not to exceed $399,000.00
to mature in annual installments over a period not to exceed
forty (40) years and the issuance of $21,000.00 in capital
notes, be approved?
The following Resolution was offered by COUNCILMAN VERSACE,
who moved its adoption:
A RESOLUTION CALLING A SPECIAL ELECTION OF ELECTORS
WITHIN THE TOWN OF WAPPINGER, EXCLUSIVE OF THE VILLAGE
OF WAPPINGERS FALLS, DUTCHESS COUNTY, NEW YORK, AND
PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the Town Board of the Town of Wappinger, Dutchess
County, New York, duly adopted a Resolution on August 12, 1974
providing for the construction of storm drainage on highways
in the Town of Wappinger and authorizing the expenditure of
$420,000.00, therefore, and providing for the financing thereof
by the issuance of $399,000.00 of serial bonds of said Town
and $21,000.00 of capital notes of said Town and providing that
said Resolution was subject to a permissive referendum, and
WHEREAS there was filed with the Town Clerk of the Town of
Wappinger a petition, upon forms provided by her, signed by at
least 5% of the electors of the Town of Wappinger, exclusive
of the Village of Wappingers, in number at least equal to 5%
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of the votes cast for Governor of the last election, and
WHEREAS, the Town Clerk, with the advise of the Attorney
to the Town has submitted to the Town Board the proposition
hereinafter set forth in accordance with Section 92 of the
Town Law; and
WHEREAS, it is now necessary to call a Special Election
for the submission of said proposition to the qualified voters
of said proposed district;
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the
Town of Wappinger, as follows:
A Special Election of the qualified electors of the Town
of Wappinger, exclusive of the Village of Wappingers Falls,
shall be held on the 18th day of October, 1974, for the purpose
of voting upon the proposition set forth herein. Voting shall
be by machine and the polls at such election shall be kept open
between the hours of 12:00 o'clock noon and 9:00 o'clock p.m.,
Eastern Daylight Time.
The place at which qualified voters shall vote are fixed
as follows:
POLLING PLACE ELECTION DISTRICTS
New Hackensack Fire House
Hughsonville Fire House
Ketcham High School
6, 7, 9, 10, 17, 18, 19, 20, 21
12, 13, 14, 15, 16
4, 5, 8, 11
The Town Clerk of said Town is hereby authorized and
directed to give notice of said election by publication in the
W&SD News, the first publication of such notice to be made at
least 10 days prior to the time of such special election.
In addition, the Town Clerk shall post or cause to be posted a
copy of such notice on the Sign Board of the Town of Wappinger
maintained pursuant to Subdivision 6 of Section 30 of the Town
Law at least 10 days prior to such election. Said notice shall
be in substantially the following form, to wit:
NOTICE OF A SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a Special Election of the
electors of the Town of Wappinger, exclusive of the Village
of Wappingers Falls, will be held in the Town of Wappinger,
Dutchess County, New York, on the 18th day of October, 1974,
at which the polls will be kept open between the hours of
12:00 o'clock noon and 9:00 o'clock p.m. for the purpose of
voting by machine upon the following Proposition:
PROPOSITION
Shall the Resolution adopted by the Town Board
of the Town of Wappinger on August 12, 1974, providing
for the construction of storm drainage on roads in the
Town of Wappinger and providing for the financing of
said improvements by the expenditure of the sum of
$420,000.00 and authorizing the issuance of serial
bonds in the sum not to exceed $399,000.00 to mature
in annual installments over a period not to exceed
forty (40) years and the issuance of $21,000.00 in
in capital notes, be approved?
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A copy of said Resolution described in the aforesaid Propo-
sition is on file in the office of the Town Clerk of said Town
and may be examined by any interested person during business
hours.
A person shall be entitled to vote upon said Proposition
provided he is an elector of the Town of Wappinger, exclusive
of the'Village of Wappingers Falls.
The qualified voters shall vote at the places hereafter
set forth.
POLLING PLACE ELECTION DISTRICTS
New Hackensack Fire House
Hughsonville Fire House
Ketcham High School
6, 7, 9, 10, 17, 18, 19, 20, 21
12, 13, 14, 15, 16, 17
4, 5, 8, 11
Dated: Wappingers Falls, New York
September 19, 1974
By order of the Town Board of
the Town of Wappinger, Dutchess
County, New York, by Elaine
Snowden, Town Clerk
This Resolution shall take effect immediately.
The question of the adoption of the foregoing Resolution
was duly put to a vote on roll call, which resulted as follows:
Supervisor Diehl Voting Aye
Councilman Clausen Voting Aye
Councilman,Jensen Voting Aye
Councilman Saland Voting Aye
Councilman Versace Voting Aye
Seconded by: Councilman Jensen
Resolution Duly Adopted
Mr. Saland indicated upon voting aye that it was on the question
of the referendum that carried his aye vote, but does have
reservations about the Bond issue.
Mr. Diehl also commented on his aye vote which was that he had
serious considerations and questions on the subject when first
proposed of what qualified an emergency particu]a rly at this
time of the year when the situation in the Country is so bad,
but certainly with the petition coming in and there were those
favoring it and those opposed he thinks a referendum is certainly
in order.
Mr. Clausen presented a matter of concern to the Board regarding
a request of. Norman Scofield,a local contractor. He has before
the Town of Wappinger Builiding Inspector a request for three
building permits for a number of months, and the problems have
arisen with the acceptance of a plot plan that was filed and
accepted with the Planning Board and the agencies of the Town.
After the point in fact there was a discrepancy as to the
Engineer of the plot plan. The Town Board has had several
160 meetings with the principals in trying to resolve that question
and he believes it has been resolved and will be resolved to
the satisfaction of the Board. There is a question as to a
temporary building permit to be issued which would allow Mr.
Scofield to put up the foundations only. It is a deviation,
possibly, from the normal practices. It also has been presented
to the Board that a developer in Tall Trees has 6 lots and in a
similar instance the developer was held up on the suggestion or
certainly the authorization of the Town of Wappinger in that we
directed our engineer to study the effect of those 6 homes on
the water system and if it was proved that they would have a
serious effect on it, the building permits would be denied. If
it was shown that the system could handle those 6 homes the
builder would be allowed to go ahead. He believes that in each
of these instances the Town owes a moral obligation to these
developers. Nine permits are being discussed here, and along
160
with the moratorium, what hardships would there be. To ease the
problem of these particular builders at this time, who have
mortgages with the banks now, and would probably loose their
extension, he doesn't see any particular problem with these
homes as far as the Town is concerned. With Mr. Scofield, it's
a temporary building permit foundation only, cap it over and
wait until Spring to apply for additional building permits.
MR. CLAUSEN moved that the Board grant permission to issue
3 temporary building permits to Mr. Scofield for 3 foundations,
and no further waivers past that point.
Seconded by Mr. Versace.
Roll Call Vote:
Councilman Clausen Ave
Councilman Jensen Nay
Councilman Saland Nay
Councilman Versace Aye
Supervisor Diehl Ave
Motion Carried
Mr. Jensen commented that it was a deviation from the Road
Specifiactions and what have you, that various services or
drainage patterns have not been established by said developer,
this goes for all builders in the Town. Not to show malice
towards any builder in the Town, but he does believe it is a
deviation from the laws set down in the Town some years ago.
He thinks it's an unfortunate set of circumstances, but by the
same token the burden falls on the individual builder or develop-
er to be sure the plans are in fact correct when they come down
to get building permits. By deviating now may, in the future
prove to be a burden on the Town in the future, it's an ill-
advised situation.
Mr. Saland-indicated that although he represented someone com-
templating purchasing one of Mr. Scofield's houses, he thinks
the issue would be of economic hardship to both the developer
but the prospective purchasers, as against the possibility of
what it would amount to Zssibly of what would amount to a
dangerous precedent in that it's a variation from what has been
the customary mode of proceedure.
Mr. Mills, as a member of the Town of Wappinger Planning Board,
being recognized by the Chair, said he understood that Mr.
Scofield's roads does not conform to the present Road Specifica-
tions, whereby he believed this would be a very dangerous pre-
cedent to give somebody relief who doesn't meet them. If you
322
start you don't know where to draw the line.
Mr. Clausen asked Mr. Lapar to outline the problem. Mr. Lapar
stated that Mr. Schofield has been trying to negotiate with
the people who he initially sold lots to, those along All Angels
Hill Road. There is a question of whether to go along the
easement, which was assumed was the stream, subsequently it was
found that that stream in fact goes through the back yards of the
people fronting on All Angels. The reason that Mr. Scofield
hasn't finished all his roads and they are not up to specs is
because he had been constantly negotiating with these people
and through the offices of the Town trying to do the best thing
for everyone involved.
Mr. Clausen commented that it was his understanding that it is,
and has always been, Mr. Scofield's intention of meeting those
road specs by this fall. The problem is if he waits until the
road specs are accepted by the Town, it would be too late for
him to start putting in his foundations. He expects to do both
simultaneously.
Mr. Rappleyea, with relation to the Tall Trees application
stated that Jack Hill had called him today and has raised a
question about the well, so he believes this one should be held
in abeyance until he can discuss the matter with the Board and
Mr. Lapar.
Mr. Clausen indicated there was a request from the residents in
the Wildwood Area for a 35 MPH speed limit and a petition to this
effect received.
MR. CLAUaEN moved that a request be made to the New York State
Department of Transportation to grant permission to establish
a speed limit of 30 MPH in the area of Widmer and New Hackensack
Roads, Wildwood Section 1, 11 and 2A, and Quiet Acres Area, and
including Widmer Road.
Seconded by Mr. Jensen.
Motion Unanimously Carried
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MR. CALUSEN moved to adjourn the meeting, seconded by Mr. Jensen
and unanimously carried.
The meeting adjourned at 8:55 P.M.
CIPLuk
Elaine H. Snowden
Town Clerk