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1974-01-14 RGMAGENDA TOWN BOARD JANUARY 14, 1974 1. Supervisor Call Meeting To Order 2. Roll Call 3. REPORTS OF OFFICERS Supervisor Town Justices Building Inspector Town Historian -Semi- Annual Report Bilis: Gen. Fund: Highway: OKSD: Fltwd SD: OKWD: Fltwd WD: RFSD: 4. PETITIONS & COMMUNICATIONS a. Planning Bd. referral on Pine Hollow P U D b. Camo Pollution Control re: N.Y.S. Dept Env. Cons. inspection of Oakwood & Rockingham Sewer Plants • c. Zoning Board of Appeals re: review of Biding Permits d. Fairchild Semiconductor re: increase of Water allotment e. V. Kelley re: final payment for Hall & Co. for RF Sand filters f. R. E. Lapar re: Residential Water Piping System g. D. F. Reilly re: P U D for Pine Hollow h. C. Laird, Comm.of Solid Waste -D. Co. re: County operated, multi -Town landfill disposal operation. i. J. K. Rinaldi D. Co. Festivities Parade & Fireworks Comm. re: Parade 1976 5. REPORTS OF COMMITTEES Notice from D.C. Bd of Elections res making changes in Election Dista. 6. RESOLUTIONS Fire Prevention Ordinance 7. UNFINISHED BUSINESS a. Designate Standing Twn. Bd. Committees b. Vacancy on Planning Bd. (Chrystie) c. Appoint Chairman of Planning Board d. Vacancy on Zoning Bd. of Appeals - Term expires for Kalaka e. R. E. Lapar Report on Rockingham Farm Drainage f. Hidden Hollow - Engineers Report on. Request for Exemption from LL#2-' 67' (by KORD Co.) 8. NEW BUSINESS 9. ADJOURNMENT 2 5"` The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held at the Town Hall, Mill Street, Wappingers Falls, on January 14, 1974, at 8:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:37 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town William Horton, Superintendent of Highways Reports -were received fon`the mohth-.of December from the Supervisor, Building Inspector and Town Justices; also, a correction of Town Justice Francese for the month of November, and the semi annual year end report was received from Virginia Ferris, Town Historian, and the year end report was received from the Building Inspector. MR. CLAUSEN moved that allthe reports received be accepted and placed on file. Seconded by Saland. Motion Unanimously Carried Bills presented for payment were as follows: General Fund 1973: $397.44 , 1974: $99,671.73 Highway Fund 1973: 12,710.74, 1974: 2,961.08 OKSD$ 598;69 OKWD 331.00 F1twdSD $610.76 FltwdWD 233.67 RFSD 8,240.51 MR. CLAUSEN moved the bills be paid, subject to audit. Seconded by Mr. Saland. Motion Unanimously Carried Beforeproceeding further on the agenda, Mr. Diehl stated that this past week, the Board met with John Steinberg of Rockingham development, and asked him to have some commitments, in writing tonight, what was resolved at that meeting, and what further direction we would take. The following• are the first two of these reports: January 14, 1974 Town Board Town Hall Town of Wappinger Wappingers Falls, N.Y. Re: Water Well Site, Rockingham Farms Subdivision Dear Supervisor Diehl and Members of the Town Board: In response to the question of flood waters inundating the Rockingham Farms water supply, the following data is submitted to eliminate concern regarding this possibility: 1. Design data submitted by the Town of Wappinger-- flood plan elevation 266.0'. 2. Design data on well casing installation approval with subdivision approval - top of casing elevation 268.0'. 3. Field survey data: Sprout Creek water elevation Ground elevation at casing Top of casing elevation 259.2 261.5 270.2 Thus it can be seen that the well casings extend 4.2 feet above the Town established flood elevation and 2.2 feet above the design elevation. I hope this data answers any question which may have concerned the Town Board in this matter. Very truly yours, s/ Robert M. Field Sr. Vice Pres. January 14, 1974 Town Board Town of Wappinger Wappingers Falls, N.Y. Re: Recreation Area - Rockingham Farms Subdivision Dear Supervisor Diehl and Members of the Town Board: In compliance with the conditions of approvals granted Schoonmaker Bros., Inc. on June 30, 1966, all lands set aside for the purpose of recreation will be restored to their original elevation and dedicated to the Town of Wappinger. The attached map displays the 11.49 acre parcel set aside for this purpose. OIWV Very truly yours, s/ Robert M. Field Sr. Vice Pres. Mr. Rappleyea quoted exerpts from these, and on the third letter, which dealt with the storm drainage system, he summarized, indi- cating the letter mentioned that although the system installed has more pipe installed, there were changes in grade, which cause deviations from the original plan; then a review of the various weather conditions, and finally a discussion of the engineering 27 The fine grading to bring this recreation land to its final grade has already been started. In addition to that basic require- ment, Schoonmaker Homes, Inc. has also shaped an approximate 100'.x200' ice skating pond on the property. The grading which will restore the property to its original elevation (with the exception of the skating pond) as required by the approval letter of June 30th, 1966 was started in late 1973 and was discontinued due to inclument weather. As has always been Schoonmaker Homes' stated intentions, the final restoration and dedication of the recreation property will be the last step of land improvement in Rockingham Farms, follow- ing all other land improvement and house construction. It would presently seem realistic to say that the recreation lands would be completed and dedicated in the Summer of 1974. aspects of the development and a request that in order to solve the problems brought up by the Town Board with respect to the particular problems, and experienced flooding problems in the last series of storms, they (Schoonmaker) would like to develop certain alternatives, which while they are not in the original site plan, they believe would solve the problems with respect to their homes. They say they will report to the Town Board within 30 days of their recommendation and conclusions. MR. CLAUSEN moved that the 3 letters from Schoonmaker Homes, Inc. be referred to the Engineer to the Town for his observance and comment, and further, the one document on recreation be sent to the Town of Wappinger Planning Board as well as the Recreation Commission for their comment. Seconded by Mr. Jensen. Motion Unanimously Carried 'Mr. Clausen thanked Mr. John Steinberg for coming out this evening. The Board did call a rather short meeting, as far as Mr. Steinberg was concerned, he was there Friday night, and he stood by his commitment coming in with his report on rather a short period of time. He thanked him for his cooperation and said that hopefully in the future, these problems can be resolved. The following letter was received: December 20, 1973 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Re: Pine Hollow - Proposed Planned Unit Development of Property Located off DeGarmo Hill Road and Myers Corners Road. Gentlemen: Attached are copies of the Land Use Study and Sketch Plan for the proposed Planned Unit Development known as Pine Hollow. The Planning Board of the Town of Wappinger herewith renders their favorable report on the proposed Planned Unit Development. The Planning Board favors the concept presented in the sketch plan and land use study as they feel it meets area wide and local needs and conforms to accepted design principals. The Land Use Study provides information on services and utilities and the Planning Board agrees with the information that is presented in the study. The Planning Board would like to recommend that the Town acquire twenty to twenty-five acres of land on the north end of the property and that this area be restricted for recreational use. The applicant has indicated a willingness to do this provided, however, that the type of development of the park property is in a mutually agreeable manner. The Planning Board respectfully requests that the Town Board review the application under the Planned Unit Development Ordin- ance and recommends that your Board schedule a public hearing for the purpose of considering PUD districting. Respectfully yours, s/ Betty -Ann Geoghegan Secr. Town of Wappinger Planning Board Mr. Saland questioned Mr. Rappleyea regarding this, stating that he had the Planning Board report in front of him, and considering that the_ Board was presently contemplating an amendment in the present PUD ordinance, he believed there was some problem with the 2.9 particular report, in that the present ordinance refers to report by the Planning Board and, for the duration of this PUD ordinance that the. Town is now operating with, he would like to see a detailed report pursuant to the present PUD ordinance. His question was what, if any, action should be taken on this report at this time in the absence of a perhaps more detailed report from the Planning Board. Mr. Diehl asked if it was possible to the Planning Board for a more detailed report. Mr. Rappleyea believed it could be done if the %r Town Board feels the report does not contain all the information they would like to see. It would be incumbent upon the developer to require these various stages set forth in the ordinance. There are certain time limitations but if the Board wishes not to follow those the only thing that could happen would be that the developer could force the time limitations. Mr. Saland commented that he saw no evaluation by the Planning Board of any kind of environmental impact by placing this particular proposed PUD in this area between DeGarmo Hills and Royal Ridge. He would like to see more detailed reports if that is really in the realm of the Planning Board, and he certainly feels that it is. MR. SALAND moved that the report of a proposed Planned Unit Devel- opment of property located off DeGarmo Hills Road and Myers Corners Road (Pine Hollow) be returned to the Town of Wappinger Planning Board for a more detailed report, pursuant to the Town of Wappinger PUD Ordinance, in that their initial report to the Town Board showed 011110 no evaluation of any kind of the environmental impact of placing this particular PUD in this area between the DeGarmo Hills and Royal Ridge developments. Seconded by Mr. Jensen. Motion Unanimously Carried A letter was received from Camo Pollution Control Inc., regarding an inspection that was held by the New York State Department of Environmental Conservation of the Oakwood Knolls and Rockingham Farms sewerage treatment plants, December 4, 1973. Mr. Caccio indicated that the =State .did not indicate any major discrepancies, but did make a few recommendations for both plants(listed in the communication), which he felt could be carried out by Mr. Waddle, if funds were available. MR. CLAUSEN moved the report from Camo Pollution Control, Inc. be received and placed on file. Seconded by Mr. Versace. Motion Unanimously Carried The following letter was received: December 14, 1973 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: The Zoning Board of Appeals would like to take this oppor- tunity to request that the Ordinance with regard to building permits be reviewed and that it be required that foundation surveys are made before any further construction on buildings is done. In requiring this, the Zoning Board of Appeals feels that this will alleviate the need for variances after the buildings have been constructed and are then found to be in violation of the setback requirements of the Zoning Ordinance. Thank you for your consideration of this matter. Respectfully yours, s/ Betty -Ann Geoghegan, Secr. MR. CLAUSEN moved that the Zoning Board of Appeal's request be referred to the attorney and engineer to the Town and Building Inspector for their clarification and review. Seconded by Mr. Saland. Motion Unanimously Carried The following letter was received: December 21, 1973 Town Clerk's Office Mill Street Wappingers Falls, New York Gentlemen: 81� We presently have a 50,000 gallon per day allotment of water and would like to submit a request for an additional allocation of 50,000 gallons per day. This water will be directly applied to our process. Thank you, in advance, for your cooperation and consideration in this matter. We will look forward to your reply. Sincerely yours, Fairchild Semiconductor s/ T. Lowell Bishop, Manager, Facilities January 11, 1974 - Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: Re: Request of Fairchild Semiconductor for additional 50,000 gallons per day of water We recently received a request from the Semiconductor Division of Fairchild Camera & Instrument Corp. for an additional 50,000 gallons per day of water from the recently formed Central Wappin- ger Water Improvement. Since this allocation is within the design criteria allotment for an industrial site, we have no objection to this additional allotment being granted., However, I strongly recommend that any additional large allotments to commercial or industrial users in or out of the confines of the Central Wappinger Water Improvement not be granted until a firm contract for the purchase of water from the City of Poughkeepsie and the Town of Poughkeepsie is consummated: Although it is estimated necessary until after 1990, I tracts should be completed so lbw water to large users at below that the above source will not be believe that negotiations and con - that the Town does not sell the future costs. Very truly yours, s/ Rudolph E. Lapar, P.E. Mr. Diehl commented that as he read Mr. Lapar's report it was recommending the request be honored, and that the Board immediately start negotiations with the City and Town of Poughkeepsie. Mr. Lapar believes that it would be advisable to negotiate before there is a necessity and sources are limited. Mr. Diehl stated that there appeared to be two actions to take, first on the Fairchild request, and second, he feels should be turned over to the sewer and water committee, Mr. Lapar1and Mr. Rappleyea4to initiate negotiations with the City ofPoughkeepsieand the Town of_ Poughkeepsie. Mr. Reilly asked if there was some reason not to refer this (Fair- child's request) to the New York State Board of Review Board of the State Water Commission to increase their consumption. He wondered if the existing tanks can handle what is being used right now, and an additional 50,000 a day. Mr. Lapar answered Mr. Reilly. Mr. Rappleyea commented that he doesn't want to be misleading that the Town at this time cannot contract with this company for this supply even though although they are asking, they are still the customers of Hill Top Water Works Corp. and the Town has not yet taken over Hill Top Water Works Corp. This request is prospective in nature and contingent upon the acquisition of the.,site by the Town, or some other arrangement. Secondly, to a degree, approval has already given by the Department of Environmental Conservation for the pro- posal in its entire. concept - the whole Central Wappinger Water Improvement, Mr. Lapar would have to make the determination whether this would require more pumping and taking more water out of the ground than the present application approved. Mr. Lapar in his report has indicated that it fits within the design criteria. MR. JENSEN moved that the request of Fairchild Semiconductor for 50,000 additional gallons of water a day, be granted, even though it is academic at this time, since the. Town does not own the water- works. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Saland raised one final question, that being, was there any- thing more to be done now than to advise Fairchild that the Board will consider their request. We're not going into contract, is there any need to make the commitment to them at this point. Mr. Rappleyea said that any action the Board would take would simply be to express its general intentions as a guidance for them with- out any binding effect upon this Town Board. 3 3 On the second part of Mr. Lapar's recommendation, Mr. Diehl appointed the Water and Sewer Committee - Messrs. Versace and Jensen, along with Mr. Rappleyea and Mr. Lapar to investigate and initiate arrange- ments with the Town of Poughkeepsie and City of Poughkeepsie on another possible source of water. A letter was received from Vincent Kelley, Engineer to the Rocking- ham Farms Sewer District, regarding final payment of the Hall & Co. bill for the Sandfilters at Rockingham Plant. Mr. Clausen stated that the Town Board was contemplating a business meeting one day a month, and he thought Mr. Kelley should be re- quested to attend to discuss this matter. Mr. Kelley's letter was tabled for further discussion. A letter was received from Mr. Lapar regarding his recommendation for typical residential water piping system to be included with the proposed water and sewer connection permit - Mr. Diehl noted that this recommendation has been turned over to both the Building Inspector and Water and Sewer Department to report back. MR. CLAUSEN moved to receive Mr. Lapar's letter and diagram for residential water piping system, and place them on file. Seconded by Mr. Jensen. Motion Unanimously Carried The following letter was received: Members of the Town of Wappinger Planning Board Gentlemen: 1 ask that you reconsider your recent decision to allow PUD in the tract of land off DeGarmo Hills Road and Myers Corners Road. Even a casual inspection of the area in question reveals that it could never be fully developed in single family dwellings be- cause of the topology of the land and the amount of water clearly evidenced by our recent weather. So it must either be cluster zoned or very sparcely developed. Now any ofthe mothers in this area will gladly tell you of the extreme over crowding in the two grade schools which service this area,. Myers Corners is jammed and Fishkill Plains' 5th and 6th grades are housed in Van Wyck. You might also inquire of these same mothers how many different schools their children_ have been in. Why aggravate an already serious condition? PUD is a good idea and when properly used can serve the orderly growth of our town. This is not such an instance. Sincerely s/ Donald F. Reilly MR. SALAND moved to receive Mr. Reilly's letter and place it on file. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: December 28, 1973 Mr. Louis D. Diehl Town of Wappinger Supervisor 95 South Avenue Wappingers Falls, N.Y. Dear Mr. Diehl: The purpose of this letter is to; (1) explain our plan for solid waste disposal for the "core area" of Poughkeepsie (the five municipalities using the Airport landfill); and (2) to get your opinion on a multi -town refuse disposal operation to serve your area. Both the volume of waste generated and the size of land area required makes sanitary landfilling for the Poughkeepsie area difficult and expensive. But until recently the alternative was incineration and this method of disposal produced high operating costs and stack pollutants that are hard to control. However, solid waste does contain considerable heat energy, and pyrolysis promises to be one of the best ways to recover this energy without creating a new pollution problem. In November we submitted an application for grant-in-aid funds from the State Environmental Quality Bond Act for a pyrolysis plant. We are submitting a second application for assistance to develop more landfill space in the Poughkeepsie area. More land- fill space is needed until a pyrolysis plant can be constructed. Multi -town landfill operations to serve the outlying or rural areas of the County can qualify for State grant-in-aid funds also. The cost of engineering, site development, and operating equipment are eligible for up to 25% assistance from the State. In preparing such an application. form I need a letter or resolution from your Town Board expressing interest in a County -operated, multi -town landfill disposal operation. Feel free to call on me to meet with you at your convenience. Sincerely yours, s/ Carlton W. Laird Comm. 35 Mr. Diehl entertained a motion to Mr. Laird, realizing that the area of landfill disposal must be expanded, but that it not be in the Town of Wappinger. MR. SALAND moved that the Town Board concur in Mr. Laird's request, to express an interest in a County operated landfill, but not in the Town of Wappinger, we already have one there. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: December 28, 1973 Dear Supervisor: The Bi -centennial Commission of Dutchess County are formulating plans for a united celebration consisting of festivities, fire- works and a parade tentatively set for the week of June 28th to July 4th 1976. In order not to conflict with any of your planned programs during that week, would you be kind enough to answer and advise us on the following: 1. Do you plan a parade on July 3rd or 4th in 1976? 2. If not, would you be interested in organizing your community to participate in a massive parade in the City of Poughkeepsie? Your entire community would have your own division in this parade. Please advise us by February 5, 1974. We need your cooperation and reply. Very truly yours, John K. Rinaldi Chairman of Festivities Mr. Diehl directed that this communication be referred to the recreation committee - Messrs. Jensen and Clausen, to contact Mr. Rinaldi on any information available. Under Committee Reports, a letter was received from the Dutchess County Board of Elections regarding the addition of or making changes to the Town of Wappinger Election Districts, and noting if contemplated, the necessity for making changes early enough in the year to implement these changes on their records properly. g 64 MR. JENSEN moved the notice from the Board of Elections be received and placed on file, with a copy to both of the Town Party Committee Chairmen. Seconded by Mr. Clausen Motion Unanimously Carried Mr. Jensen, under the water and sewer committee, he noted they had met with the Tri -Municipal Sewer Committee up in Albany, and had received a very favorable report from the people in Albany and they had assigned the project an eligibility number. LaGrange would also be part of the Tri -Municipal. Mr. Jensen said the second thing was that the Town would like to make some well tests at Tall Trees site before acquisition to know what type of test it can survive. for a MR. JENSEN moved to appropriate $2,000 from the General Fund/Well Lapar test at . the Tall Trees district and Rudolph /is hereby engaged to' complete the well test. Seconded by Mr. Clausen. Motion Unanimously Carried The following letter was received: January 14, 1974 Town Board Town Hall Mill Street Wappingers Falls, N.Y. Gentlemen: At recent Town Board meetings I was requested by Mr. Saland and by Mr. Diehltoprepare material with regard to Historic Zoning for certain sections in Hughsonville and the New Hacken- sack Area. My research indicates that there are a number of ways of approaching the problem. One method would be to treat certain areas with historic buildings in a special manner to provide that in order to develop or remodel within those areas special per- mission would have to be received from the Planning Board. This would involve securing a definitive description of the areas involved so that those areas could be designated on the Zoning Map as Historic Zones. One of the difficulties of approaching the problem in this manner is that the effect is by necessity inclusive of buildings which have no historic value, and there- fore, very often difficulties are encountered with respect to those buildings. L A second method, which seems to have been more commonly used, is to create by ordinance or local law a Historic Site Commission, which Commission would be empowered with the respon- sibility to designate historic buildings. Once designated those buildings could not bealtered or removed without special per- mission from the Historic Site Commission. The various ordinances or local laws that have been adopted in the State of New York have been submitted to certain court litigation. This litigation has to date resulted in favorable decisions for the municipality. I would appreciate your guidance with respect to the following questions: 1. Does the Town Board want the matter handled by existing Town agencies, such as the Planning Board? 2. Does the Town Board wish the problem to be considered on an area basis or on an individual building basis? 3. Does the Town Board wish to entertain the idea of a Historic Site Commission, whereby powers to deal with this problem were delegated to this Commission? Very truly yours, s/ Allan E. Rappleyea Mr. Diehl reported that Mr. Saland is going to make arrangements with interested parties in regard to this historic zoning, and set meetingsfor discussions in regard to it, and report back at the next Board meeting. Mr. Diehl recommended Mr. Rappleyea's report be received and placed on file.' Seconded by Mr. Saland. Mr. Rappleyea, having had the matter referred to him at the last Board meeting, with regard to a payment by Triangle Pacific Cabinet Corp. of a $2,000 item to be used toward a contribution of down stream drainage, he forwarded now the certified check in the amount of $2,000 to the Town Board to be forwarded to the Supervisor's Office for deposit. MR. JENSEN moved to receive and accept said check of $2,000 from Triangle Pacific Cabinet Corp. and forward it to the Supervisor's Office for deposit. Seconded by Mr. Clausen. Motion Unanimously Carried 37 38 Mr. Rapplyea, noting the matter would come up later, wished to briefly -reflect on the topic of negotiations, that had been dis- cussed at a -recent meeting, regarding the water facilities of Triangle Pacific. In going over the legal questions, the tech- nicalities of it were such that Triangle Pacific Cabinet Corp. indicated to :him that they were the owners. In going over the agreement the way the technicalities are arranged are that actually the Mayim Water Co. Inc. is the official owner of that system with all the stock being owned by Triangle Pacific so that he would like to amend an earlier resolution so as to have the contract reflect that ownership. The resolution he has prepared for the Board's consideration, would authorize the previous contract to reflect the inclusion of Mayim Water Co. Inc. as the party the Town is dealing with. Mr. Diehl, speaking to representatives of theTallTrees area present, indicated receipt of a letter from Paul Epstein, Attorney (Beacon, N.Y.) which in turn referred to a letter from Harry Raker, owner of the Tall Trees water system, further mentioning that one of the principals of Round Tree Builders would be present at this evenings Board meeting to discuss this matter. Mr. Raker has merely said that he has given permission for the builders to hook up in Tall Trees, but of course the Town is holding up CO's and positive action was taken tonight that tests will be started within 10 days and from the results of that test the Town Board will act one way or another. A Public Hearing having been held on the proposed Fire Prevention Ordinance, the matter was placed before the Board for their con- sideration. Mr. Diehl declared there was no motion to take action at the present time on this ordinance. A request was received from the Supervisor's Office for the trans- fer of funds of a 1973 budgetary item. This was in connection with L 39. the 4th quarterly payment of Social Security for the year 1973. The following resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: - WHEREAS, the sum of $11,000 has been appropriated to Account #B9030.8, This account has been overexpended and overdrawn by the sum of $1,307.71, In order to meet bills presented for payment, the additional monies were obtained from Account #B9060.8. We, therefore, recommend that the Town Board authorize the transfer of the sum of $1,307.71 from Account #B9060.8 to Account #B9030.8 in order to eliminate the overdraft and reimburse said account, and in order to ratify and confirm the previously unauthorized appropriation. RESOLVED, that the sum of $1,307.71 be and the same hereby is appropriated to Account #B9030.8 and that the said sum is hereby transferred thereto from Account #B9060.8. Seconded by Mr. Versace. Motion Unanimously Carried The following resolution was offered by COUNCILMAN JENSEN who moved its adoption: RESOLVED thatthe resolution the Town Board adopted on January 2, 1974 establishing official undertakings by Town Officers, Officials and employees is hereby amended by adding thereto the following paragraph: RESOLVED that all of the official bonds and undertakings by the Officers, Clerks or employees of the Town of Wappinger may be in the form of a blanket undertaking from any duly authorized corporate surety and said undertaking shall indemnify the Town of Wappinger against the loss of the type more particu- larly set forth in Section II of Public Officers Law. Seconded by: Councilman Saland Roll Call Vote: 5 Ayes A resolution regarding the purchase of Mayim Water Co. Inc. fac- ilities amending a previously adopted resolution on this matter was placed before the Board. Mr. Clausen noted there was a problem in Revere Ridge, on Dorett Lane. Mr. Gary Schmitt complains of problems on his road and within the development. Mr. Schmitt claims the developer did not TV those lines in his road, and Mr. Clausen -wondered ifthis shouldn't be looked into and discussed with Triangle Pacific, before the Town negotiates the contract. Mr. Saland recommended that the Water and Sewer Committee get in touch with Mr. Schmitt and in conjunction with the engineer report back to the Board on whatever recommendations they might have. Mr. Diehl directed this matter be turned over to Water and Sewer Committee - Messrs. Versace and Jensen. No action was taken on the matter of the amending resolution, and it was tabled until the next regular Town Board meeting. _ The following resolution was introduced by COUNCILMAN VERSACE who moved its adoption: WHEREAS, various developments in the Town of Wappinger have been fully occupied prior to the completion of the proposed recreation areas; and WHEREAS, the residents of such developments have been deprived of the use of such areas during the period of the development of the subdivision; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby and herewith recommends to the Planning Board of the Town of Wappinger the following procedure with respect the recreation areas in subdivisions: (1) That the Planning Board of the Town of Wappinger amend the Subdivision Regulations to provide that the recreation area as shown in any subdivision must becompleted and dedicated to the Town -when thirty-three (33%) of the lots in the subdivision have been built upon and certificates of occupancy issued for such lots. (2) That prior to the actual amendment of said Subdivision Regulations the Planning Board, as part of its general procedure in setting .forth -conditions for the approval of said subdivision plats, shall require that the recreation area as shown on such subdivision shall be completed and dedicated to the Town of Wappinger when 33% of the lots have had certificates of occupancy issued for such lots. Seconded by: Councilman Clausen Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Jensen Nay Councilman Saland Nay Councilman Versace Aye Resolution Adopted Prior to vote, Mr. Jensen stated he was on the Recreation Com- mittee and was quite surprised to see the way this came about, and his question was how the figure of 331/3% was arrived at, was there any rule or guideline for it. Mr. Versace said the 1/3 L figure was just a reasonable figure. Mr. Jensen took exception, noting that if a large development came in, the completion of all the homes may take 10 years and would the Town want to fund and outfit the whole recreation area before the developer finishes, perhaps a staging application would be more apropos. Mr. Versace felt the hardship has been on the people, and it should_be put on the development. Mr. Jensen felt the resolution had some merit but would like to investigate it more in depth, and the whole Board should discuss it further. Therefore he voted nay with these reservations. Mr. Saland voted nay and said he too would like to see some more imput. MR. CLAUSEN moved to suspend the rules, seconded by Mr. Jensen and carried, to permit discussion, and clarification of the topic with Mr. Steinhaus, Chairman of the Planning Board. Mr. Rappleyea stated that this resolution was intended to request the Planning Board to consider an amendment to their regulations which again would come back to the Town Board for final approval, and he further indicated that what was referred to as development of the recreation area, simply might mean the preparation of the site for dedication. MR. CLAUSEN moved to resume the rules, seconded by Mr. Jensen and carried. The following Ordinance was introduced by COUNCILMAN CLAUSEN: An Ordinance amending the Zoning Ordinance of the Town of Wappinger. Be it Ordained by the Town Board of the Town of Wappinger SECTION I. Section 460.31 shall be amended to read as follows: Section 460.31 - Minimum Area Under normal circumstances, the minimum area requirements to qualify for a Planned Unit Development District shall be seventy- five (75) contiguous acres of land. Where the applicant can demon- strate that the characteristics of his holdings will.meet the objectives of this article, the Town Board may consider projects with less acreage. SECTION 2. Section 460.42 shall be amended to read as follows: 41 Section 460.42 - Application for Sketch Plan Approval 1. In order to allow the Town Board and the developer to reach an understanding on basic design requirements prior to detailed design investment, the developer shall submit a sketch plan of his proposal to the Town Board. The sketch plan shall be approximately to -scale, though it need not be to the precision of finished engineering drawing; and it shall clearly show the fol- lowing information: a. The location and types of the various uses and their areas in acres: b. The outlines of the interior roadway system and all existing rights -of way and easements, whether public or private; c. Delineation of the various residential areas indi- cating for each such area its extent, size and composition in terms of total number of dwelling units, percentage allocation by dwelling unit type and the calculation of the residential density in dwelling units per gross acre for each such area; d. - A computation of the land coverage with buildings and paved parking area. e. The interior open space system; f. The overall drainage system; g. A location map showing uses and ownership of abutting lands;. h. Provisions for providing sewers, water and any other utilities required. 2. In addition, the following documentation shall accompany the sketch plan: a. Evidence that the proposal is compatible with the goals of local and area wide plans, if any; b. General statement as to how common open space is to be owned and maintained; c. If the development is to be staged, a general indica- tion of how the staging is to proceed. Whether or not the develop- ment is to be staged, the sketch plan of this section shall show the intended total project. d. A metes and bounds description; e. A photo copy of all deeds from which title or ownership is claimed; f. A list or copy of all covenants and restrictions. 3. The Town Board may review the sketch plan and its related documents. SECTION 3. Section 460.43 shall be amended to read as follows: Section 460.43 - Application for PUD Districting 43 1. Upon its own determination the Town Board may set a date for and may conduct a public hearing for the purpose of considering PUD Districting for the applicant's plan in accordance with the procedures established under Section 264 and Section 265 of the Town Law'or other applicable law. 2. The Town Board shall refer the application to the County Planning Board and the Town Planning Board for analysis and recommendations pursuant to the provisions of Section 239m of the General Municipal Law and the provisions of this Zoning Ordinance and the Town Board shall also refer the application to the Town Engineer for his review. tirof SECTION 4 Section 460.50 shall be amended to read as follows: Section 460.50 - Site Plan Approval Process After the approval by the Town Board of a Planned Unit Development application for preliminary site plan approval shall be to the Planning Board and shall be accompanied by the following information prepared by a licensed engineer, architect and/or landscape architect: 1. An area map showing applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivision, streets, and easements, within five hundred (500) feet of applicant's property. 2. A topographic map showing contour intervals of not more than five (5) feet of elevation shall be provided. 3. A preliminary site plan including the following information: a. Title of drawing, including name and address of applicant. b. North point, scale and date. Boundaries of the property plotted to scale. d. Existing watercourses and applicable municipal district boundaries. e. A site plan showing location, proposed use and height of all buildings, location of all parking and truckloading areas, with access and egress drives thereto; location and 1111r proposed development of all open spaces including parks, play= grounds, and open reservations; location of outdoor storage, if any; location of all existing or proposed site improvements, including drains, culverts retaining walls and fences; description of method of sewage disposal, type and description of water system and location of such facilities; location and size of all signs; location and proposed development of buffer areas; location and design of lighting facilities; and the amount of building area proposed for non-residential uses, if any. SECTION 5 Section 460.55 shall be amended to read as follows: Section 460.55 — Action on the Final Detailed Site Plan Application Within sixty (60) daysof the receipt of the application for final site plan approval, the Planning Board shall render a decision to the applicant and so notify the Town Board. If no decision is made within the sixty-day period, the final site plan shall be considered approved. 1. Upon approving an application, the Planning - JBoard'shall endorse its approval on a copy of the final site plan and shall forward it to the Building Inspector and the Town Board. The Building Inspector may then issue a building permit to the appli- cant if the project conforms to all other applicable requirements. 2. Upon disapproving an application, the Planning Board shall so inform the Building Inspector. The Planning Board shall also notify the applicant and the Town Board in writing of its decision and its reason for disapproval. A copy of the appropriate minutes may suffice for this notice. SECTION 6 This Ordinance shall take effect upon adoption, posting and publication as provided by Town Law. Seconded by: Mr. Versace Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Jensen Aye Councilman Saland Aye Councilman Versace Aye MR. CLAUSEN moved the proposed amendment be forwarded to the Dutchess'County Department of Planning, the Town Planning Board and the adjoining Towns, pursuant to the appropriate provisions of the Laws. Seconded by Mr. Saland. Motion Unanimously Carried MR. CLAUSEN moved that a public hearing be setfor February 25, 1974 at 8:00 P.M. EDST at the Town Hall for the proposed amendment to the PUD Ordinance at which time all persons either in favor of it or in opposition will be heard. Seconded by Mr. Saland. Motion Unanimously Carried Supervisor Diehl designated the following Town Board members to serve on the standing committees: Highway Clausen --Jensen Lights Clausen--Saland Fire Versace --Jensen Ordinance Saland--Jensen Library Clausen --Versace L Recreation Health -Safety Wappinger Casper Creek Sanitary Landfill Buildings -House Election Southern Dutchess "1990" Narcotic Water -Sewer Jensen --Clausen Jensen--Saland Versace --Jensen Saland--Versace Clausen --Jensen Saland--Clausen Versace--Saland Saland--Versace Versace --Jensen The matter of a vacancy on the Town of Wappinger Planning Board, occurring by reason of resignation of Einar Chrystie, was placed before the Board for their consideration. MR. VERSACE moved that Joseph Incoronato be appointed to fill the vacancy on the Town of Wappinger Planning Board. Seconded by Mr. Clausen. Roll Call Vote: Councilman Clausen Councilman Jensen Councilman Saland Councilman Versace Supervisor Diehl Aye Nay Nay Aye Nay 45 t Motion 'Defeated Mr. Clausen, upon introduction of the motionto appoint Mr. Incoronato cited various committees, and civic projects undertaken by Mr. Incoronato indicating he felt he was well qualified for a position on the Planning Board, and recommended strongly that the Board approve the appointment. Also prior to the vote, MR. SALAND moved to suspend the rules, seconded by Mr. Jensen and unanimously carried. Mr. Reilly commented on Mr. Incoronato's political affilia- tions and was questioning the propriety of the appointment in light of this. Mr. Eck spoke out against bringing politics into perspec- tive, the person is either good or isn't good for the position. Mr. Zak and Mr. Hirlaka spoke in favor of the appointment with comments of his dedication to the Town. MR. CLAUSEN moved to resume the rules, seconded by Mr. Jensen and carried. Supervisor Diehl then called for the vote on Mr. Versace's motion of Mr. Incoronato. Mr. Saland, upon voting nay raised a few ques- tions as to certain moral considerations. Mr. Versace upon voting also felt the man was qualified for the position. Supervisor Diehl initially abstained on the vote for Mr. Incoronato, but upon being.questdned by Mr. Clausen, who requested Mr. Diehl qualify his abstention, he refused and simply changed it to a nay vote. The following resolution was offered by SUPERVISOR DIEHL who moved its adoption: RESOLVED, that James Porter be and he hereby is appointed to fill the vacancy on the Planning Board of the Town of Wappinger which has occurred by reason of the resignation of Einar Chrystie, and it is further RESOLVED, that the said James Porter be and he hereby is appointed to fill such vacancy for the remainder of the term which shall expire on January 4, 1978. Seconded by Mr. Jensen. Roll Call Vote: Councilman Clausen Nay Councilman Jensen Aye Councilman Saland Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Duly Adopted. The matter of the appointment of the Planning Board Chairman for the year 1974 was placed before the Board for their consideration. The following resolution was offered by COUNCILMAN JENSEN who moved its adoption, that Robert Steinhaus be and he hereby is appointed as Chairman for the Town of Wappinger Planning Board for the year 1974. Seconded by Mr. Saland Roll Call Vote: Councilman Clausen Nay Councilman Jensen Aye Councilman Saland Aye Councilman Versace Nay Supervisor Diehl Aye Resolution Duly Adopted L 47 The term of office of Arthur Kalaka expires as of February 1, 1974 and the matter was placed before the Board for their consideration. MR. SALAND moved to table the appointment until the February regular meeting. Seconded by Mr. Clausen. - Motion Unanimously Carried Rudolph Lapar's report on the Storm Drainage for the Rockingham Farms development was placed before the Board. MR. SALAND moved that Mr. Lapar's report on the Storm Drainage for Rockingham Farms be received, accepted and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried MR. SALAND moved to suspend the rules, seconded by Mr. Jensen and carried. Mr. Tom Slocum asked what had happened with Mr. Lapar's report, and Mr. Diehl indicated a meeting had been held with executives of Schoonmaker and there will be a subsequent meeting with them. Dan Murray asked if a representative of the Rockingham Farms. Civic Association sit in on these meetings. MR. SALAND moved to resume the rules, seconded by Mr. Jensen and carried. The following recommendation was received: December 21, 1973 To: Town Board. Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Engineer's Recommendation in the matter of the Application of Kord Co. for waiving the require- ments of Local Law #2, year 1967. RECOMMENDATION: That an exemption be granted subject to the provision of Kord Co.'s petition, engineer's report and specifications. Respectfully submitted, s/ Rudolph E. Lapar Engineer to the Town 4$ Mr. Clausen indicated he would like to discuss this matter further with the Engineer, suggesting a recess. Supervisor Diehl called a recess at 10:22 P.M. Supervisor Diehl called the meeting back to order at 10:45 P.M. All Board members again being present. MR. CLAUSEN moved that Mr. Lapar's report on Hidden Hollow (application of Kord Co.) be received and placed on file, and ask that additional well tests be observed by the Engineer to the Town, and further, that the costs be borne by the developer. Seconded by Mr. Jensen. Motion Unanimously Carried William Horton, Superintendent of Highways requested permission to advertise for bids for a sander, and a pick-up truck. MR. CLAUSEN moved that the Highway Superintendent be authorized to advertise for bids for a Sander and a Pick-up Truck for the Highway Department. Seconded by Mr. Jensen. Motion Unanimously Carried MR. SALAND moved the meeting be adjourned, seconded by Mr. Jensen and unanimously carried. The meeting adjourned at 10:49 P.M. Reg. Mtg. 1/14/74 Elaine H. Snowden Town Clerk tir d 1 HIGHWAY DEPARTMENT WARRANT 1221 To...... , Supervisor Town of Wappi nger , County of Outchess , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the Wappi nger 14th.._day of....,lanli&ty , 1974...., 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 No. ALLOWED ACCOUNT OTHER INFORMATION 274 R. H. Lingo 51.42 DR5110.4 225 Urev Hardware 17.27 276 Thalman Equipment 27.00 277 Peelor Motor Service 79.20 DM5130.4 278 Ralph Herman 995.00 DM5130.2 - 070.02; 0M5130.4 -24.98 279 Rowe -Rutledge 19.65 OM5130.4 280 International Salt 738.98 DS5142.4 281 International Salt 282.08 282 International Salt 702.91 283 Ralph C. Herman Co. 400.00 284 Clove Excavators 7875.00 285 B i K Auto Supply 280.73 DM5130.4 286 B.F. Goodrich '5.00 a 287 Bennett Enterprises 52.00 288 Clove Excavators 1145.40 DR5110.4 i /Ai 7 lo, le W. In Witness Whereof,I have hereunto set my hand and the Seal of the Town of Wappi nger this 14th day of January 19 74 [SEAL] JSMAJAZWIZU vw'.. fl Z WARRANT Town Clerk To LOUIS D. DIEHL , Supervisor 1973 ENCUMBERED VOUCHERS To WARRANT LOUIS D. DIEHL Town of NAPPINGBR , Supervisor , County of , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGER , and duly audited and allowed at a meeting thereof held on the 14th day of JANUARY , 19 74, 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 No. NAME OF CLAIMANT 1061 Howard D. Webster 1062 John B. Crispino 1063 Central Hudson Mid Hudson Auto 1064 'Wreckers, Inc. Hudson Valley Building 1065 Materials, Inc. 1066 8 & X Auto Suoulv. Inc. 1067 jkalyjigabstreSmeloy 1068 Urev Hardware Copsapv AMOUNT FUND OR ALLOWED ACCOUNT 23.75 A1110.4 25.00 A1110.4 72.00 A5182.4 50.00 A8510.4 73.26 87140.4 128.30 87310.4 20.30 A1620.4 4.83 87140.4 3G7.yy OTHER INFORMATION In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPI UNR this 15th . -day of JANUARY 1974 Town Clerk [SEAL] _.. .:tom.. HIGHWAY DEPARTMENT WARRANT 1974 , Supervisor Town of Wappirtger County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of Wapp neer , and duly audited and allowed at a meeting thereof held on the ...14th.day of January , 197k.._, 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 No. 1 International Salt 2 'Ralph C. Herman Co. 3 'Clove Excavators, Inc. 4 10 & K Auto Supply 5 B.F. Goodrich 6 Bennett Enterprises 7 Clove Excavators Inc. 8 'Capitol 9 'Mack Trucks 10 'Acme Tank & Truck Corp. 11 Brighton Steel 12 Joseph M. Plew 13 1George Silvestrie 1 Highway Matsrlals IAMOUNT I FUND OR ALLOWED ACCOUNT 376.04 121.48 859.05 6.20 7.52 36.30 859.05 201.25 24.52 76.00 143.02 229.50 DS5142.4 11 1, 0145130.1. DR5110.4 - 11 11 0145130.4 11 J DS5142.4 DS ) I DS 5r1 lid, OTHER INFORMATION .80; 0145130.4 - 22.40 in Witness Whereof, I have hereunto set my hand and the Seal of the Town of 1th January this ... .... day of ..., 19 74 411111is Q. -L----. Town Clerk [SEAL] Wappinger SPECIAL DISTRICTS WARRANT To LOUIS D. DIEHL Supervisor Town of WAPPINGER , County of DUTCHESS , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGER , and duly audited and allowed at a meeting thereof held on the 14th day of JANUARY , 197_4_, 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 No. NAME OF CLAIMANT 1 Central Hudson 2 Urey Hardware Conoanv 3 Cann Pollution Control 4 Pauline Egan 5 'Central Hudson 6 'Central Hudson 7 Axton -Cross Co.pany 8 ISouth Ave. Exxon 9 (Anderson Bros. Alec. Inc 10 Central Hudson Poughkeepsie-Wappinger 11 Landfill 12 Arthur Waddle AMOUNT FUND OR ALLOWED ACCOUNT 240.87 67.89 1,276.31 S91-8130.4 881-8130.4 SW2-8320.4 SW1-8320.4 351-8130.4 S53-8130.4 OTHER INFORMATION 28.38 9.11 100.00 280.00 516.31 SW2-8310.1 33.00 66.00 382.8110.1 33.00 181.56 155.74 126.36 6.60 87.34 666.90 18.00 231.75 SW2-8320.4 352-8130.4 882-8330.4 882-8130.4 S53-8130.4 853-8130.4 353-8130.4 SS3-8130.4 W k . @ 3 30,1 Sal !co �WZ• 8 5� 1 - 813w" 55 5 -- L' 's . • 1 42.12 84.24 SS2-8130.4 8.34 S53-8130.4 22.06 SW2-8320.4 100.00 582-8130.4 280.00 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of this 15th day of JANUARY , 174 [SEAL] 727%.A.L.LB., Town Clerk WARRANT To LOUIS D. DIEHL , Supervisor Town of . WAPPINGER , County of k'�' "'�' S , New York. The following claims, having been presented to the Town Board of the Town of , and duly audited and allowed at a meeting thereof held on the WAPPING/CR 14th day of a certificate thereof and directed to pay hereinafter stated: CLAIM No. WIRY , 19 74 , in the amounts hereinafter respectively specified, and having been duly filed in my office as Town Clerk, you are hereby authorized to each of the following claimants the amount allowed upon his claim as NAME OF CLAIMANT Susan J. Pike 2 George Wells 3 Dr. D. J. Hannigan 4 IFyanci. M. Sherow, Jr. 5 1Edwin Hinzmann,Postwaster 6 Grinnell Library Assoc. 1J 7 W. and 8. D. flews 8 Central Hudson 9 I New York Telephone- Co. 10 Sylvan Lake Telephone Frederick P. Clark 11 Associates 12 Roberts Boice Paper Co. 13 Hill -Donnelly Corporatis+l Revenue Sharing 14 Advisory Service 15 New York Communications 16 New York Planning Fedex. 17 lithe Pendell Press 18 The Pendell Press I 19 Vince's Oil Service 20 'Vine's Oil Service 21 Vince's Oil Service 22 Vince's Oil Service 23 Vine's Oil Service AMOUNT FUND OR ALLOWED ACCOUNT 292.84 88010.4 193.23 A3510.1 ✓ 337.00 83510.4 34.00 .000.00 ,000.001 287.041 241.611 579.921 15.251 780.001 48.35 52.40 25.001 533.001 75.001 12.001 38.001 117.281 349.99 28.78 A1620.4 A1670.4 87410.4 86410.4 A1620.4 A3310.4 A1620.4 A1620.4 88020.4 A1660.4 A1410.4 A1220.4 A1650.4 A1920.5 A1660.4 A1110.4 A1620.4 A1620.4 A1620.4 13.83 A1620.4 93.46 A1620.4 OTHER INFORMATION 225.41 16.20 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPINGER this__15_th day of Jl LJ*RY, 19.74 Town Clerk [SEAL) WARRANT To LCUIS D. DIEHL , Supervisor Town of WAPPINGER , County of , New York. The following claims, having been presented to the Town Board of the Town of WAPPINGER , and duly audited and allowed at a meeting thereof held on the 14th day of JAJARY , 1914 ... , 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 No. NAME OF CLAIMANT ford Life Ins. Co. Nev York State Employees 25, lei:firmament System _26 I Rudolph Z. Lati P.E. AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION A9060.8 432.04 .,277.24 19060.8 845.23 3,975.00 A9010.8 1,749.00 19010.8 .226.00 812.14 DRAINAGE CONSTRUCTION PROJECT 27 'Dave Alexander, Inc. 11,159.40 DRAINAGE CONSTRUCTION PROJECT BOND ACCT. 28 Iftdolph E. Leper, P. 1. L,192.42 CENTRAL WAP. WATER IMPROVE. BOND Awl% 29 Lombardi & Son. Inc. 5,644.58 CENTRAL WkP. WATER IMPROVE. BOND ACCT. 30 'Dave Alexander, Inc. 2/.084.60 CEIVIIAL WAPS WATER IMPROVE. BOND ACCT. 31 - RuSelph E. Lam, P. E. 811.87 WARP. SEM IMPROVE. 8 32 Sykes. Galloway G Dikeman 110.00 33 Lombardi & Soo, Inc. 1" .456.50 G, 7/, 7 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of _day of moan , 19 74. Town Clerk Clerk [SEAL] WAPPINGER 2 4 A A Public Hearing was held by the Town Board of the Town of Wappinger on Monday, January 14, 1974 at the Town Hall, Mill Street, Wappingers Falls, Dutchess County, New York on a Fire Prevention Ordinance for the Town of Wappinger. Supervisor Diehl opened the Hearing at 7:04 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Leif Jensen, Councilman Stephen Saland, Councilman Frank Versace, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Mr. Diehl explained that Mr. Halt and Mr. Jensen (Health and Safety Committee from last year), Mr. Holler, Building Inspector, and the chiefs of the Fire companies had worked on this Ordinance for many months. He felt there should be some amendments and one was that the responsibilities that were placed upon the Building Inspector should actually be borne by the Fire Chiefs. The Town Clerk offered for the record the Affidavot of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). The Town 'Clerk offered several letters received from the fire companies, one from Hughsonville recommending adoption; Mr. Potten- burgh, County Fire Coordinator recommending adoption, and New Hackensack Fire Company recommending adoption; these are on file in the Town Clerk's Offices, Mr. Rappleyea brought attention to Section 14 where it states that appeals from decision are outlined in Section 8, should be Section 9. 2:4 Restrictions on one family dwelling were omitted. He mentioned other Sections that should be amended. Penalty and violations stimuld not be treated as misdemeanors, but as violations with fines. Mr. Rappleyea then explained the duties of the Fire Chiefs, they could inspect premises, he is obliged to appoint inspectors, he is given almost as much authority as the Chief Inspector. It is up to Town Board if they want to delegate the Building Inspector to go to court to make complaints. After discussion with the Town Board and the Attorney, Supervisor Diehl opened the Public Hearing to the public and asked for their comments. Warren Martin, Widmer Road, had a question about the amount of chlorine that could be stored. Also the way it was worded you couldn't even spray your kid's bicycle. A permit was needed to store chlorine in excess of 10 lbs. Dick Dubres, Tall Trees asked, supposed he fixed hiss' own fender and wanted to spray it --I cannotuse a spray can or tough -up paint. Section 10, h. Mr. Praeger explained a permit must be obtained for the storing of certain amounts, but there would be no charge for the permit. Louis Eck - There are a lot of swimming pools in the area and people n -ed to store chlorine. These are all listed with the Building Department, since they issued permits, and the Fire Departments just have to check with them. Wes Nolan, New Hackensack --Section 1, article 3 --no purpose without a permit, if Ordinance is adopted what period of time do you have to obtain a permit. What about the adoption date? If you were to drive a vehicle into a garage and gas is int it, would you need a permit? Judge Francese, what about accessory use buildings such as horse. barns storing hay? Carol Waddle-- Carol Waddle -- I believe this Ordinance was drawn up with business owners in mind, not for home owners, also believe area chiefs and building inspector should be involved. Mr. Eck asked if it excluded one family homes. Sir. Diehl said there were many amendments that had to be added to this Ordinance. The Board would discuss these amendments with the Fire Chiefs; Attorney and others involved and probably would have another hearing. MR. CLAUSEN moved to close the Hearing, seconded by Mr. Jensen and unanimously carried. The Hearing closed at 8:04 P.M. Rb,u,LIA Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF FIRE PREVENTION ORDINANCE OF THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on January 3, 1974, your deponent posted a copy of the attached notice of Public Hearing on a Fire Prevention Ordinance of the Town of Wappinger, on the signboard maintained by .your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village o:F Wappingers Falls, Town of Wappinger, Dutchess County, New York. t Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this / ," day 1974. Notary Public W. and S. D. NEWS DISPLAY ,4DVERTISING 20 E i ' a. lri1. regula ' Prever : appliu CountT b. lf . roads aperto biome: PLEASE. TAKE NOTICE that the Toen Board of the Town of Wappinger Hill Hold a public hearing on Monday, :an,,ary 14, 1973, 7:00 P.M. EDST, at To+,n Halt, Mill street, Village of Ya(pingers Fails, Dutchess County, Nee York, to hear all persons con- rning a Fire Prreevegntion Ordinance for FiREP ETown af VENTIONORDINANCE 4 ` OF THE TOWN OF WAPPLNGER, N.Y. to ordinance adopted pursuant to trt.cir 9 of the Town Law of the State of New York nor the prevention of fire and re -gelatine the use, sale, storage and ra h;portariOn of ex losiees and in- ,'lammables, prohibiting bonfires in .pudic places and streets and regulating The manner in which they may be per- mitted in other places, requiring the removal and elimination of fire hazards, preventing damage by fire and .ptotecnng property, and for all things necessary or helpful for the prevention of fire and to provide for the general safety of persons and property within the Toe n of Wappinger outside the limits of rhe incorporated village of Wappingers Falls and providing for the enforcement Thereof. Be it ordained by the Town Board, of ins Town of Wappinger as follows: ARTICLE I SECTION 1. A Bureau of Fire Prevention of the Town of Wappinger, N.Y. is hereby established, SECTION 2 Said Bureau shall be. composed of the Chief Inspector and the •• Chiefs of the Fire Districts in the Town •t Wappinger and such Inspectors as r they shall appoint from time to time. SECTION 3. The Chief Inspector shall btl tae Building Inspector of Inc TOwn of o Wap nger. SECTION 4. It diall be the duty of the 0 Cniets ce the Fire Districts ta enforce all • I ws of the State of New York end or- ol.iance of the Town of Wappinger covering the follaving:' Pert 1 a. Tha prevention of fires. 'b. The storage and use of explosives and inflammables. c. The installation' and maintenance of automatic and other fire alarm systems g and fire extinguishers and equipment. d. The maintenance and regulation of c hre escapes. f e. The means and adequacy of exits in -ase of lire from factories, schools, 1 :eels. lodging louses, asylums, t asaials, churches, halls, theatres, and II other places in which numbers of c °cote work, live or congregate from r .me to time for any purpose. t. The investigation of causes, origin o zircumstances'of fires. f The conducting of fire prevention paigns. m m CLASSIFIED ADVERTISING duties 7s -ire set forth Inth! 011ier See+ ricP--/O..�p�d:^•?'•::"r.7'L-is'�f�'k:k; lions of thio ordinance and as ma., be • ;',1,• FL:AMMABLELIQUIDS. conferred and imposed upon them from >. time to time bbyy law or ordinance: • SECTIONS]'. Application. This arttcl SECTION 5..i't shalt be the duty of the ap Iles Mail liquids having a flash poi Bureau°, Fire•Preventtgi toinlreatigate below WO degrees F. closed cup, tester and recommend 10 the Supervisor and below point shall be as determined b the Town Board of the Towrt of Wap. the Tayliabue closed cup tater. ginger suds additional ordinance! as SECTION 2. Classification. -For t ttrey deem necessary for safeguarding purpose of this ordinance, flammabl life and property against fire. liquids are cladsifed as follows - SECTION 6. Authority to Enter Class 1. LIqu,ds•having a flash pain Premises. The Chief of the Fire Districbelow 25 degrees F. closed cup. tenter or any member of the fire deportmentExamples:. ether, gasoline, naptha and designated by him as an inspector may, berme at all reasonable hours, enter any f tass 11. Liquids having a flesh poi building or premises, for the purpoa* oT above that for Class 1 and below making any inspection, whidi tender the degrees F. closed cup tester. Examples provision of this ordinance he or they: alcohol and amyl acetate. deem necessary to be made. Class 1I1. Liquids having a flash poen SECTION 7. Inspectionof Premises. It above that for Class II and below 2 shalt be the duty of the Chief Inspector to degrees P. closed cup tester. Examples inspect or cause to be inspected by tire kerosene end fuel oil. inspectors, as often as may be SECTION 3, A permit shall be ob reasonably necessary but not less than tamed from the Chief Inspector for the twice a Year all buildings, premises and storageor handling of flammable liquids public thoroughfares,, except single in excess of one gallon where suc family private dwellings, forthepurpose• storage or handling is for the purpose of of ascertaining and causing to be sale, or for use, In some business or corrected any conditions liable to -cause ind ustr.y fire, or any violations of the provisions SECTION 4. Approvals. Before an or intent of any ordinance affecting the flammable liquid tank or piping i fire hazard. covered from sight, Inc installation shal SECTION 8. Whenever any such of- be inspected and approved by Inc Chief ficer or member shall find in any- Inspector- This test to Include a ten building or upon anypremises or other ro„nd air pressure for a period of piece. combustible Or explosive matter twenty -tour hours- Pressure to remai or dangerous accumulation of rubbish Cr constant at tet pounds for twenty -fou unnecessary accumulation of waste ,hours. paper, boxes, shavings, or any flame. • The Chief Inspector may prohibit th maple materials, and so situated as ie sale or use of any heating or lighting endanger property, or shall findd ase appliance using flammable liquids sfructions to or on fire escapes,. stdire, which has not been tested by Un passageways,, doors or windows, liable derwriters Laboratories Inc. or som to interfere with the operation of the fire other recognized authorie5e and found't department, cr egress of occupants, in be properly safeguard eedd against fire case of fire, heshal lorder/he same tebe hazard, removed or remedied. SECTION 5. Class 1 and II liquids SECTION 9. Such order shall forthwith Class 1 and 11. 11 aids shalt not be kapl or be complied with by .the owner or oc•, Stored In any building used as a place of cu ant of such premises or buildings, p blit assembly except In IaboratOries subject to appeal within tweityfour for expenimente�' u Osis � atiiung ane, axcepr,Aeu,uma„cany.-r---. aperatedvenfs, shaltbe not smaller than ' one. and one-quarter. tncti pipe size, Arresters shall -be accessible for hl. examination and repair. Vent pipes sh$II be provided with weatherproof h • horizontally and vertically, from a, y window or other building opening. F hl. Class 1 liquids, if tight connecfion- e made in filling line and fillsgg gravity, the vent pipe shall extend to t int of least we foot above the level the top of the highest reservoir from ' 'which the tank may be filled, otherwise it shall be not less than twelve feet above et the top of the fill pipe. For other than 70 Class 1 liquids, the vent pipe shall extend sufficiently above ground to prevent ' obstruction by snow or ice. Where a power pump Is used in filling storage to tanks and a light connection is made 10 the fill pipe, the vent pipe shall be not smaller than the fill pipe. SECTION 18. Emergency Pressure Reliefs. With the exception of vertical, cone -roof tanks having a roof slope less h than two and one-half inches in twelve inches and in which the strength of the thointbetween roof and shell isno greater an that of the weakest vertical oint In the shell, all aboveground tanks shall o have some form of relief for preventing the development of excessive internal pressure In case of exposure fire surrounding Inc tank. The method of relief shall be acceptable to the Chief of n Inc Fire District. ✓ SECTION 19. Dikes. (a) Tanks con- taining crude oil or other liquids which e have a tendency to boil over, and tanks exceeding fifty . thousand gallons capacity shall be surrounded with a dike • having a capacity not less than that of e the tank or tanks surrounded; minimum O height tot earth dikes shall be three feet and of m sonry dikes. thirty inches. (b) Tanks Of less than fifty thousand gallons capacity, shall when deemed necessary be the Chief Inspector on account- of- proximity fC streams,. character Of topography or nearness to buildings Of. high value, be diked. or the entire yard-pr0yided with a . curb. or hours to the Supervisor, who shall wlthsn - In establishments where C3ass1andl three days review suds order and tela his `liquids are . used In manufacturing decision thereon, andunless theorder le cleaning_ or weer, process, the Chief Of revoked or modified it shall -remain in the Fire' District- shall' require. such full force and be obeyed by such owner preventive and protective measures as or occupant. Any owner or cccupgnt'Wilt -reasonably ,safeguard tife:.and failing to c Ivwith such order within pro arty egainst'tire- three days alter said appeal shall have SECTION 6,-Sfdrage and Nand{inp of been determined, or if no appeal Is taken. Class 1 Li uids in "Buildings. Class t within tan days after the servtee of the liquids •shad- not be kept inside of said order, shall to liabletoa penalty as buildings except in seated containers ar hereinafter stated. If any order shalt be approved safety cans Of not more than so modified by the Supervisor, the In- one gellon:capacity each, provided that specter affected shall receive a Copyy. or, in rooms conforming to Section 8, safety such modification within tortyetght cans up to ten gallons In'size may t. hours. ' used and In garages and manufacturing The service of any such order shall be plants the Ctfiefof the Fire District may made upon the -occupant of the premises permit the use of approved portable to whom 11 Is directed by either wheeled tanks where the nature of the 'delivering a true copy of same to such business requires such storage. occupant personally or by delivering the Storage systems with arrangements sametoand leaving stwitti any person Intor discharging Class 1 liquids insideot charge of the premises, or In case no buildings shall have discharge outlets such person Is found upon the premises located only in rooms conforming to by artix(ny a copy thereof in a con• Section 8. spicuou9 place on the door to the en. SECTION 7. Storage and handling of trance of Inc said premises, Whenever it Class 11 liquids in Buildings,. Class 11 may benecessary to serve such an order liquids shall not be kept inside of upon the owner of ppremises, such order buildings ex�opf In sealed containers cr may be served either by delivering to approved sa? ty cans of not over five and leaving with the said person a true gallons capacity each or In closed copy Of said order, or; if such owner Is drums, barrels or tanks- Containers of absent from Inc lurisdicttm of the of- Class 11 liquids of aver five gallons flcer making the order, b1' mailing such capacity shall not be used to fill other copy to the owner's last known post. containers, Inside of buildings, unless in office address. a room conforming to Section 8. SECTION 10. Permits. Permits SECTION 8. Storage Rooms. Roomi required. by Inc provisions of this or- for the storage and handling of ftarn-. dinance shall be obtained in writing mable liquids shall be constructed with from the Chief Inspector- Permits shall walls floors, and ceilings having a fire be for such period-astheChlet Inspector resistance rating of not 'less than one may specify, but not exceeding one year". hour, provided that where In Mcopinten They -shall be kept on the premises of Inc Chief Inspector, the hazard Ls designatedthereln and shall be subject mart than moderate, based upon. a. to inspection by any officer of the fire tri consideration of the quantity arid nature police departments. of the liquids hvolved and fha extant of SECTION 11, In addition 10 the per- mixing operations togetherwith the mita elsewhere- required In this or. construction of Inc. building and its dinance, a rermit shall be Obtained from exposure, constructions having a fire Inc Chief Inspector for: resIstence rating of not fess than few a- Storage of calcium carbide in ex- hours shalt be requlrtot cess of one hundred pounds. Door openings ;learn' the room $hat( be b. Storage of hay, sraw, excelsior and tipped With approved eub0 - or self- otnercombusiitrtefiberatnexcessofone closing fire doeespand shalt have sills on, provided that no permit will 1* raisedslx inches above the room -floor• equired lor'storage on farm property or SECTION 9. Storage of Fuel 011 in on riding academies. Buildings. The storage of Crass el c. Storage of corrosive acids In excess liquids In bulidiegs, in connection with t ten gallons of each kind. oil burning equipment shall be in ac - d. Storage of chlorates or other cordance with the following. Tanks of xidlzing chemicals in excess of ten not over NO hendrltd and seventy -Jive pounds. gallons capacity each and having e. The use, storage or possession of esee.dete cepeclty not I0 excess of ft e radioactive Or fissionable materials for hufldred and fifty galtms may be in- ndustrial, commercial or research Stal ed Without erklosures, Other tanks purposes. Storage or handling of pyroxylin plastic in excess of twenty sea bre eoncrete eess than d With pounds unless wrapped or packed for lrevees inconcrete' tckn e , Hess Than six. Itich a In ThlcWiess, Ith at least a six. safe. Use Of stationary acetylene Inches ace on sides between tank and enerarors. concrete Insulation filled with sand or 9B Use of compressed gas from well tamped earth, and with twelve ylindersinexcessoffourhundredcubic inches of sand on top to tank above eel. aggregate capacity, concrete san k ieband concrefesleborabOve h. The application of paint, varnish cr concrete stab. acquer by spray method or with dip Instead of as enclosure as above auks and ovens, described,the tank may be encased in i. The use of refrigeration systems molesreinfoin cOncrete not less r than six ontaining twentypounds or mare or moles tank ihlcsrto C appliedll directly to the so as to. completely eliminate ifrl7g'he cleaning other than Ing oir or water. an air space, ttier a clerinl gwith drying clothes or ECTION 10. Dna nq elquids from lammable liquid, Con elrters. Ftamrhavbfe liquids shall not k The handling. storing and be drawn or handled in Inc gree nce of rn.decturing in any shape, form Or anyr open flame or firem Excepted as anner of flammable or explosive shall 1be drawnwfrotanks. flammable t liquids ' t retaining wa11 op.ottier suitable means tootherproperty ' case of a rupture, (c) pikes: or watts required by- Inc ppreceding' peregrapha shall. be of earth Cr masonry sp constructed as to afford adequate •• prgtectipn.. When' dikes. surround- ionise , con talnMg crude oft, they shall have a, suitable coping or deflector prd acting inward proper) constructed tgdninirnize the effect of a 'boil over' -'wave. Dikes surrounding crudeoil tanks511all be not less than fifty feet from the shell Of the tank or tanks surrounded.. SECTION '73. Distinctive Markings. (a) Portable contalrters for Class 1 and 11 liquids shall be painted red (entire container or consplcuous band or stripe) and be co�tspi,u.ously lettered in black "DANGER-. KEP'LIGHTSAND FIRE a AWAY." SECTION 21, Piping. (Piping used for flammable ligyldsshell be standard full weight wrought Iron, steel or brass pipe or approved brass or -copper tubing; for working pressures In excess of one hundred and per square inch extra heavy fittings scall be used. No pipe or tubing less: than one-quarter inch im lerna1 diameter shall be used. Outside - piping shalt be. protected- against mechanical injury. - (b) Piping'. Carrying Class 1, and 11 liquids, unless yaithout IIolnts or con- nections, shall ere extend through any room which cortreine any open light or fire. SECTION 2t: Valves at tanks and Pumps. (a) Where tanks are aaboveground, there Shall be a valve Waled near Inc tank In each pipe. to case 'two or more tanks are cross. Connected, there shalt be a valve near , each tank In each cress -connection, (b) Pumps delivering to or taking supply from aboveground storage tanks. shell be provided- with valves on both suction and discharge of pump and in delivering to tanks a check valve to prevent flow Of liquid from tank to pum • (c In systems using pumps. to supply aexiitery tanks or headers, which feed internal combustion engines or fuel oil burners, provission shall be made 10 return surplus oil to thesuoply tank; any valve installed In the liner shall be of pressure relief type, SECTION 2i. ' Tanking Filling and Filling Connections. (a) Deliveries, of flammable liquids of Class 1 and 11 shall be made- directly 10 the storage tanks through tris filling pipe by means of e • ' hose or pipe between the filling pipe and barrel, tank wagon or tank car from which such liquid is being drawn, (b) The end Of the filling pipe for • • underground storage tanks for Class 1 and II liquids shall be carried to a location outside Of any building, but not within five feetof any entrance door, cr cellar opening; this filling pipe shall be closed by a screw cap. SECTION 2d. Fire Extinguishers. Where flammable liquids are kept, used or handled, a quantity of loose non• combustible absorbents, such as dry sand or ashes, together with palls or scoops and approved chemical -or other •extinguishing devices or materials shall Continued on Page 11B aken to prevent. the discharge -m. liquids on a in in tank or pip ng•• P b