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1973-07-02 SPM152 A Special Meeting of the Town Board of the Town of Wappinger was held on June 29, 1973, at the Town Hall, Mill Street, Wappingers Falls, New York. Notice of said meeting was mailed to each Board member on June 21, 1973, calling the meeting for 5:00 P.M. June 29, 1973, for the pur- poses of: 1. Act on down stream assessments for drainage: 2. Set rates for Brinckerhoff Water: 3. Cluster/PUD: 4. Any other busi- ness that may properly come before the Board. Supervisor Diehl called the meeting to order at 5:38 P.M. Present: Louis Diehl, Supervisor Leif Jensen, Councilman Elaine H. Snowden, Town Clerk Absent: Louis Clausen, Councilman Harry Holt, Councilman Stephen Saland, Councilman Others Present: Rudolph Lapar, Engineer to the Town John Adams, Attorney (in absence of Allan Rappleyea) Susan Pike, Zoning Administrator Due to lack of a quorum, Supervisor Diehl moved that'this meeting be adjourned to July 2, 1973, at 2:00 P.M. Town.Hall, Mill Street Wappingers Falls, New York. Seconded by Mr. Jensen. Meeting adjourned at 5:40 P.M. to July 2, 1973 at 2:00 P.M. THE ADJOURNED MEETING FROM JUNE 29, 1973, WAS HELD ON JULY 2, 1973, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 2:14 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman Harry Holt, Councilman (Mr. Saland absent until 3:45 P.M.) Leif Jensen, Councilman Elaine H. Snowden, Town Clerk 153 Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town SupervisorDiehlstated that at the opening of this meeting, he would like to hear, individually, each developer, builder, or attorney, what problem exists in their category. After hearing each of them a recess will be called, possibly individual confer- ences with each developer builder or Attorney, and see if this matter can be resolved quickly. Mr. Diehl then opened the meeting to the floor. John Reed, representing Dutchess Development Corp., stated they were looking for building permits to go ahead and build. The Building Inspeclaor gave the client the impression they could pick up building permits Monday (7-2-73) then wouldn't permit them to have them, want to know why, 59 Lots in Section 111 Ye Olde Apple Orchard. Don McLoughlin, B&B Realty, 11 or 12 building permits in Ye Olde Apple Orchard --same as Mr. Reed's problem. Jim Coombs, representing Auklo Realty Corp., have 14 lots in the Town of Wappinger on the Fishkill-Wappinger Town lines. Problem is establishing what the specifications are for the laying of water lines and also the problem with regard to whether or not there is a fee for down stream drainage problems. Robert Hankin, with Spook Hill Properties, would like to see the Town Board come up with some definitive plan submitted to the Health Department as to the allocation of the available taps at the Oakwood Knolls Sewer Plant, as to the submission of some plan that can be worked out satisfactory to the Town and the Health Department. Map is being held up. When asked, Mr. Hankin indicated they will eventu- ally need 75, taps, but the Board of Health will not do anything until the Town comes up with some sort of plan. 1541 ti.. Julius M. Gerzof, Mortgagee, property of Dutchess Development Association & B&B, and Presidt of Opalo Realty Corp., the owner of the property under Section 111. First, there's a penalty clause that the Dutchess Development Associates on failure to obtain permits which has been in effect for some time and has proved to be a very costly item. Secondly, we are running into difficulties from time to time which appear to be of an unknown nature, and we're fighting shadows until we develop the situation where we can factually present the matter before this Board on all of our complaints. Vm interested in the issuance of permits. Bill Appleton, Arkway Construction, also concerned about the down- stream drainage. Supervisor Diehl called Julius Gerzof back before the Board as there seemed to be a question of one of the statements that he made in regard to fighting shadows. Mr. Rappleyea felt that the problem should be cleared up. A discussion followed between Mr. Rappleyea, Mr. Gerzof and the Board regarding the roads, water lines and building permits in Section 111 of Ye Olde Apple Orchard. There were no further ques- tions from Mr. Rappleyea. Robert Hankin asked what order the agenda would be in when the Board came out of executive session. Mr. Jack Duhamel, purchases of the remaining 27 lots in Ye Olde Apple Orchard, noted that they had complied with everything requested by Mr. Lapar and were supposed to be able to pick up building permits tomorrow (7/3/73). Supervisor Diehl called for a recess at 2:43 P.M. Supervisor Diehl called the meeting back to order at 3:47 P.M. All Board members present including Mr. Saland. 155 Mr. Diehl announced that, in executive session, the Board had discussed, and come up with, a policy proposal which Mr. Rappleyea would now present. Mr. Rappleyea explained that the Board had been trying to summarize the proposal without being in the form of a resolution. He would try to summarize it, and at the conclusion, the Board can either concur or disagree. But at this point he would like to spell out what the Board has directed him to advise the developers and builders. First, as far as the developers are concerned, is the development Ye Olde Apple Orchard Section 111. As far as the drainage is concerned, that is, the present drainage, and with of course, keeping in mind the fact that the Highway Superintendent and the Engineer have certain rights under the specifications to create changes, the Town Board feels that there must be supplied to the Town Engineer, and approved by the Town Engineer and the Town Superintendent of Highways, a final Topographical drainage plan and that would be subject to their approval. The Board also feels that as to the water and sewer lines, before any further approval for further acceptance of any streets in that subdivision is concerned, there must be filed with the Town a certi- fication as to the construction and location of the water lines and, if necessary, to the extent that has not already been provided by Mr. Kelley, a further certification as to the sewer lines. We are aware that there was a certification with regard to certain streets of the sewer lines, but those certifications will speak for them- selves and we want to make it clear that they must be complete as to every aspect for which a bond has been posted already for certain roads in the development. In any event, before further approvals are given of any acceptance of any streets, we will require those certifications of both the water lines and the sewer lines, and for any -bond monies released, those will be required. As to the builders, and to those who are present, this may vary for individual builders, so I would have to take each case at it applies to you. If a building permit has already been granted to you without a plot plan being filed, and, if in those individual lot cases there has 156 been a problem discovered, obviously that building permit was revoked until that problem has been resolved. If you have a problem with regard to the responsibility of the water line location, again, that permit will not be re -issued until that is resolved to the satisfaction of the owner of the water company, and certification by him that it is correct, and the approval of the Town Building Inspector that it is correct. As to any argument you may have with the developer that would be between you and the developer. As far as the Town is concerned we feel we are correct in stopping that building at this point until it is corrected. Furthermore, if a plot plan had not been filed with the Town Building Inspector and a building permit was given, before a certificate of occupancy is issued for that particular lot for which a building permit may have been issued, before a CO is issued, a plot plan must be filed with the Building Inspector, and approved by the Town Engineer and the Town Building Inspector. For all future build- ing permits, before any building permit is issued, and naturally be- fore any CO is issued, a preliminary plot plan must be filed, and final plot plan must be filed. I believe this is being complied with by certain builders and others are not complying with it. So those will be treated on individual basis. For those lots in the future the Town rules, should it be determined that a problem exists with regard to the location of the water line and the sewer line, the building permit will be revoked until the problem is resolved. In other words, if it is discovered that through grading, as Mr. Gerzof has argued, if, in fact that is the problem, that the line is im- properly located in reference to surface of the ground, or even if it develops that the line is in the improper location in the street, that building permit, on an individual basis, will be revoked until the problem is resolved. Mr. Diehl, in summary stated, it will be the position of the Town Board to react favorably and tar uphold the policy which has been stated by the Attorney to the Town, Mr. Rappleyea. All Board members concurred in Mr. Diehl's statement. 157 There was further discussion between Mr. Rappleyea and Mr. Gerzof on the sewer and water line question. Mr. McLoughlin raised a pointregarding the building end of the discussion. Interpreting Mr. Rappleyea's comments, a builder then could wait until the day before he called for a CO before he hooked up with the water and sewer, to avoid loosing his building permit, with the eventuality that there might be a problem in the street, which is not his responsibility. You're saying that they (Developer) are making the mistakes so we (Builder) should' pay the penalty rather than making the people that make the mistakes pay. Mr. Rappleyea answered that what was being said was if the installa- tion was improper at that point as a builder you can't expect the Town to give a CO under those circumstances. The Builder also has a choice of,making those inspections before starting a building. In essence, one better be sure one has a proper installation before a building is started. Mr. McLoughlin conceded to this as relates to future construction but with those already under construction argued that rather than suspend work while the problem is being remedied, allow the builder to continue while the problem is being corrected. This point was discussed in length. Mr. Diehl asked Mr. Rappleyea if there was a method you could work on the two things at the same time. Mr. Rappleyea answered that, the Board wished to say, in substance, to the Building Inspector that, this is a judgment decision he will make, that if he feels the Builder is cooperating to correct the situation, allow him to continue to build the building, but do not pull the building permit. Mr. Rappleyea feels that that responsibility could be passed on to the Building Inspector to see that an effort is being made. Mr. Diehl stated that it would seem to him, subject to approval of the rest of the Board, that the responsibility should be give} to the Building Inspector to resolve individual cases such as this where it would not be necessary to pull the building permit, subject to the fact that he was working on the problem, and that it would be corrected 158 at the same time. A daily, visual inspection to see work was being done, would be necessary. If it were observed that no action was being taken to correct the problem, the Building Inspector would be justified in then pulling the building permit. It was to finally left that the decisions would be left up /the Building Inspector, Engineer to the Town and Highway Superintendent where applicable. Mr. Gerzof stated that he had given a copy of their improved drainage plans to Susan Pike on Friday, going on to the next matter before the Board, which was a letter from Rudolph Lapar, dated May 1st, 1973, regarding allocation of capacity in the Oakwood Knolls Plant to various developments. Mr. Diehl, referring to the letter Mr. Lapar recommended that the Town of Wappinger would allow hookups until the 80 available were exhausted or more were allowed by the Dutchess County Department of Health. Further, the Town Board agreed to Mr. Rappleyea's recom- mendation that a builder has two weeks to start a house and three t months to complete it or the Building Permit is no longer valid and can be issued to someone else. Mr. Lapar again recommends that the Board accept this and have it part of the policy of the Town and recommend that we notify the Dutchess County Health Department of this decision. Mr. Diehl stated he would like to present it to the Board today that we accept Mr. Lapar's recommendation of May 1st, 1973, along with Mr. Rappleyea's recommendation that a builder has two weeks to start a house and three months to complete it or the Building Permit is no longer valid. He asked if there was any discussion. Robert Hankin asked "by starting a house do you mean digging a hole or do you mean pouring concrete", - suggests it means by pouring concrete, because we have to have inspection of footings. Mr. Hankin further suggested that some thought be given to changing the two weeks to three or four weeks to start a house and the completion date should be longer than ninety days, they would be better advised to allow 120 days for completion. There was some discussion along 159 ' these lines, and then the question was brought up as to whether the building permit should be revoked or if these should, instead, be permits for the taps which could be revoked and re -issued which would at least allow the builder to complete the construction of a house. Mr. Diehl, referring back to the letter of Rudolph Lapar on May 1st 1973, to the Town Board in regard to the capacity of the Oakwood Knolls Plant to the various developments, a correction has been made which shows a change to a period of four months to complete it or at that time the sewer connection permit is no longer valid and can be issued to someone else. Mr. Hankin asked if the Board would include something in that to the effect that it was Town policy that it will not issue any CO's to those houses where sewer taps are,not available. Mr. Jensen said that was automatic. MR. DIEHL moved that, concerning the allocation of the capacity of the Oakwood Knolls Sewer Plant to those wishing to use its facilities, the allocation will be made upon the following terms: 1. That sewer connection permits be made available on a first come first served basis. 2. That, at the time an application is granted for a sewer connection a builder of a new home should have 2 weeks thereafter to commence the construction of the house, and 4 months to complete it, or the sewer connection permit will no longer be valid and can be made available to someone else. 3. That where an application is made by the owner of an exist- ing home that the owner of the existing home has 4 months within which to complete the connection, or the sewer connection permit will no longer be valid, and may be issued to someone else. Seconded by Mr. Clausen. Motion Unanimously Carried As the next order of business, Mr. Diehl referred to a letter from Mr. Lapar to the Planning Board of June 14, 1973, regarding drainage improvement in accordance with the Town of Wappinger Land-Subdivi- t sion Regulations, Section 33.2. The Planning Board has requested the Town Board take some action with regard to this. Mr. Lapar had recommended the sum of $100.00 per lot be assessed to each lot as provision for improvement of down stream facilities. Mr. Coonibs, representing Auklo Realty Corp., reviewed his clients situation with respect to this proposed fee. His clients' position, that of the physical location in subdivision lying in both the Town of Wappinger and Fishkill, led to discussion of responsibility of drainage into another municipality. Mr. Diehl stated he would read Mr. Lapar's letter as a resolution establishing a fee of $100.00 per lot, in accordance with Section 33.2 of the Town of Wappinger Land Subdivision regulations if the Board had no corrections, but it was the decision of the Board to table this matter until the Regular Monthly Meeting of September 9, 1973. A recommendation was received from the Town of ;Wappinger Planning Board regarding acceptance of a fee of $100.00 per approved lot in lieu of recreation land. They recommended acceptance of the fee for the 14 lots. MR. DIEHL moved that the Town Board accept the recommendation of the Planning Board and accept the $100.00 per lot fee for the 14 lots of Auklo Realty Corp., in lieu of recreation land for a total of $1,400.00. Seconded by Mr. Holt. Motion Unanimously Carried Mr. Diehl asked if there were any committee reports on either PUD or Cluster Zoning. Mr. Jensen mentioned the field trip that had been arranged by the Dutchess County Department of Planning and taken by several of the Town Board and Planning Board members to various areas where PUD and/or Cluster Zoning had been developed. 1 61 The following Resolution was introduced by COUNCILMAN CLAUSEN, who moved its adoption: WHEREAS, the Town of Wappinger, acting on behalf of the Central Wappinger Improvement Water Area, Jabs an option to purchase all the water facilities of the Orchard Home, Inc. for $33,000.00. NOW THEREFORE, the_Supervisor is hereby authorized and directed to execute the attached contract of purchase of said system. Seconded by: Councilman Holt Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Holt Aye Councilman Jansen Aye Councilman Saland Aye MR. HOLT moved the meeting be adjourned, seconded by Mr. Saland and unanimously carried. Meeting adjourned at 5:39 P.M. Spec. Mtg. 7/2/73 Elaine H. Snowden Town Clerk J. J u • 1.1...../L _.