1973-04-09 RGMThe Regular Monthly Meeting of the Town Board of the Town of
Wappinger was held on April 9, 1973 at the Town Hall, Mill
Street, Wappingers Falls, New York.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Harry Holt, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
William Horton, Superintendent of Highways
The Minutes of the March 12, 1973 Regular Monthly Meeting having
been previously sent to the Town Board members, were now placed
before them for their approval.
MR. JENSEN moved the minutes of the March 12, 1973 Regular
Monthly Meeting, as submitted by the Town Clerk be and they are
hereby approved.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Reports for the month of March were received from the Supervisor,
Town Justices and Building Inspector.
MR. CLAUSEN moved the March reports from the Supervisor, Town
Justices and Building Inspector be accepted and placed on file.
Seconded by Mr. Holt.
Motion Unanimously Carried
Bills presented for payment are as follows:
General Fund $ 38,589.20 OKSD $ 400.36 F1tSD $293.58
Highway Fund 8,112.23 OKWD 232.36 F1tWD 239.98
RFSD 887.73
MR. CLAUSEN moved the bills be paid, subject to audit.
Seconded by Mr. Jensen.
Motion Unanimously Carried
75
7'6
Frank Newman, Coordinator of Scout Recycling program, requested
to address the Board regarding the possibility of using Highway
trucks for a few weeks for the recycling program. Mr. Newman,
addressing the Board, indicated that there would be five to
six Saturdays starting in May, when the National Guard go on
manuevers, that it would be appreciated if a Town dump truck
could be used for hauling the recycling materials that the
scouts collect. Mr. Horton stated that he would like to go over
this with Mr. Newman before he gives an answer to this request.
Mr. Norman Bishop, Lake Oniad Drive, had requested to speak
before the Board regarding who has the right to lower the water
level of Lake Oniad. It appears that the water level is above
the outlet of the drains, and he needs help, as the water from
the drains back up over his septic fields. Since Mr. Bishop
was not present -his letter was r'ead..
Mr. Diehl said the conditions as stated, he believes does have
some merit. He and Mr. Horton have personally observed the
problem. Mr. Diehl instructed the Town Clerk to direct a letter
to the New York State Department of Conservation requesting their
assistance, inspection and decision on Lake Oniad, in regard to
this complaint. It was further directed to inform Mr. Bishop of
this referral.
A letter was received from Louis J. Morse, Clerk to the Dutchess
County Board of Representatives, advsing the Town Board that a
vacancy now exists in the office of County Representative from
District IX, Town of Wappinger, due to the resignation of Mr.
Robert L. L'Archevesque. This vacancy, pursuant to the County
charter shall be filled by a majority vote of the Town Board of
the Town of Wappinger. Mr. Diehl entertained names to replace
Mr. L'Archevesque.
Mr. Jensen offered the name of James Mills Jr. to fill this
vacancy, seconded by Mr. Saland.
Mr. Clausen offered the name of Jack Armstrong to fill this
vacancy, seconded by Mr. Diehl.
The following resolution was offered by COUNCILMAN JENSEN, who
moved its adoption:
RESOLVED, that JAMES MILLS, JR. be and he hereby is
appointed to fill the vacancy in the Office of County Represen-
tative, District IX, Town of Wappinger, which has occurred by
reason of the resignation of ROBERT L. L'ARCHEVESQUE, and it
is further
RESOLVED, that the said JAMES MILLS, JR. be and he hereby
is appointed to fill such vacancy for the remainder of the
term which shall expire on December 31, 1973.
Seconded by: Councilman Saland
Upon Roll Call Vote
the vote was as follows:
Supervisor Louis Diehl Nay
Councilman Louis Clausen Nay
Councilman Harry Holt Aye
Councilman Leif J nsen Aye
Councilman Stephen Saland Aye
Resolution Duly Adopted
Applications were received from Joseph Incoronato and Norman
Whitmore for Hawking and Peddling Licenses . The applications
had been referred to the Dutchess County Sheriff's Department,
and returned indicating no criminal record on file.
MR. CLAUSEN moved to approve the applications and grant Joseph
Incoronato and Norman Whitmore licenses for Hawking and Peddling
in the Town of Wappinger.
Seconded by Mr. Holt.
Motion Unanimously Carried
The Order from the State of New York Public Service Commission
regarding -Harry Raker Inc., for water service in the Town of
Wappinger (Tall Trees) was received. It was ordered "that the
operation of the schedules suspended by such order be further
suspended and the use of the rates stated therein further deferred
to and including September 30, 1973 unless otherwise ordered by this
Commission."
MR. DIEHL moved this Order be received and placed on file.
Seconded by Mr. Jensen.
Motion Unanimously Carried
A request was received from the Wappingers Central School District
to use seven of the Town of.Wappinger voting machines for the
Budget vote on June 13, 1973.
MR. JENSEN moved that Ketcham High School and the Wappinger Junior
High School, in the Wappingers Central School District, be granted
permission to use seven of the Town's voting machines, under the
supervision of the Town of Wappinger voting machine custodians,
on June 13, 1973.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A letter, and draft of the Engineers Report for "The Expansion
of the District Facilities to Accommodate Additional Flows"
(Rockingham) was received from Vincent C. Kelley, District
Engineer. He indicated that a meeting with the Board, at their
convenience, to discuss the content of the report would be
appreciated.
The Board agreed to scheduled an executive session with Mr.
Kelley on '.April 18th at 5 P.M. It was further requested that
Rudolph Lapar also be present.
Mrs. Snowden informed the Board that Mr. Kelley had contacted
her requesting the Board authorize him to seek bids for the
television inspection of the sewer lines in Rockingham District.
MR. HOLT moved that the Engineer to the Rockingham Sewer District
be authorized to seek bids for the purpose of Television Inspec-
tion for infiltrationinthe sewer lines of the Rockingham Farms
Sewer District at the earliest possible time.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A petition was received, under a cover letter from Alan Hall,
requesting the Town establish a 25 MPH speed limit in the Angel
Brook Development (Tor Road, Sarah,Drive, Alpert Drive, Rich
Drive., Sylvia Drive and Granger Place). Mr. Hall was present
and discussion was held as to the acceptability of a 25 MPH
request. It was finally decided to seek a 30MPH speed restric-
tion.
MR. HOLT moved that the New York S.ta_te Department of Transporta-
tion be requested to investigate and grant permission for a 30MPH
speed restriction in the Angel Brook Development.
Seconded by Mr. Clausen.
Motion Unanimously Carried
The following letter was received:
March 20, 1973
Town of Wappinger
Mill Street
Wappingers Falls, N.Y.
Re: Dutchess 3 Realty Corp -
Hidden Hollow Apts.
Gentlemen:
On behalf of my client, Dutchess 3 Realty Corp. -Hidden
Hollow Apts., you are hereby requested to immediately install
sewer service to the apartment project to be built by my climnt.
If you find it necessary, we would be happy to -meet with
you and to discuss this issue. Your prompt response would be
appreciated.
Very truly yours,
s/ Laurence D. Kleinman
MR. JENSEN moved this letter from -Laurence Kleinman be referred
to the Attorney to the Town for his opinion.
Seconded by Mr. Clausen.
Motion Unanimously Carried
A request from Daniel Wormwood, executive director of the Dutchess
County Red. Cross, was received, seeking financial assistance for
the Red Cross "Learn to Swim Program."
Mr- Diehl directed that Mr. Wormwood's request be forwarded to
Mr. Rappleyea, for his opinion and Hugh J. Maurer, Chairman of
the Recreation Commission for a recommendation for an appropria-
tion in next years budget, and if there is a possibility of
something being done on a cooperative basis this year.
A letter was received from Edward V. K. Cunningham, Counsel
for Power Test, Central Valley Concrete Corp., and Frederick
Smith. On behalf of his clients, he respectfully objects to
the proposed zoning changes along Route 9.
Mr. Diehl directed that Mr. Cunningham's letter be received
and be placed on file.
The following letter was received:
April 3, 1973
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Subject: Rezoning of Bray property
Gentlemen:
On April 10, 1972, the subject property, located on Maloney
Road, abutting the Wappingers Town line, was rezoned from
Agricultural to Residential R-20 (half acre per dwelling).
,We -.authorized our Planning Board to permit cluster develop-
ment, with the inclusion of central water and central sani-
tary sewage. The Clustering permits the individual lot size
to be reduced from 20,000 square feet to 13,000, with the
7,000 square ft. difference going into a community owned
green area.
inadvertantly, this zoning change was not submitted to your
august body, for review, due to its location within 500 feet
of our common boundry. Please review the attached package,
and let us have your comments.
Should you have any questions in this matter, please contact
me at the Town Hall, )6n)b5otx> 5:15 to 6:15 P.M., daily, or at
home (223-5278).
Sincerely,
Franklin G. Knapp
Supervisor
8
In response to a question from Mr. Diehl, Mr. Rappleyea stated
that there isn't anything that the Town of Wappinger can do at
this point. The purpose of the notice is to allow the Town to
appear at a Public Hearing if it is desired, and voice objection
or approval. Perhaps it would be in order to write back to them
and ask them if they intend to.conductanother public hearing.
MR. CLAUSEN moved that the Town Clerk be directed to write the
Town of LaGrange asking if they intend to hold a new Public
Hearing on the rezoning of the Bray Property, since the Town
of Wappinger was inadvertantly not notified of the one held
a year ago.
Seconded by Mr. Saland.
Motion Unanimously Carried
There were no Committee Reports.
The following resolution was offered by COUNCILMAN CLAUSEN
who moved its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $55,000
SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS
COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS ITEMS
OF. EQUIPMENT FOR USE BY THE HIGHWAY DEPARTMENT OF
SAID TOWN.
BE IT RESOLVED, by the Town Board of the Town of Wappinger,
Dutchess County, New York, as follows:
Section 1. The class of objects or purposes for which the
serial bonds of the Town of Wappinger, Dutchess County, New
York, are hereafter authorized to be issued is the purchase of
various items of machinery and apparatus to be used in connection
with the operations of the -Highway Department!of said Town.
Section 2. The maximum estimated cost of such class of
objects or purposes is $55,000 and the plan for the financing
thereof is by the issuance of $55,000 serial bonds of said Town,
hereby authorized to be issued pursuant to the Local Finance
Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or pur-
poses is five years, pursuant to subdivision 28 of paragraph a
of Section 11.00 of the Local Finance Law. It is hereby further
determined that the maximum maturity of the serial bonds herein
authorized will not exceed five years.
Section 4. In consideration of the purchase and acceptance
of any and all of the serial bonds herein authorized and of
bond anticipation notes issued in anticipation thereof by those
who shall hold such bonds and notes from time to time, said
Town of Wappinger covenants (a) that it will issue and deliver
said bonds in accordance with the terms hereof prior to the
last maturity date of any such bond anticipation notes, including
82
renewals thereof, in a principal amount at least equal to
the principal amount of said notes then outstanding and (b)that
notwithstanding any other provisions of this resolution, (i) it
will make no use of the proceeds of any such bonds or notes which,
if such use had been reasonably expected on the date of issue
of such bonds or notes, would have caused such bonds or notes
to be "arbitrage bonds" within the meaning of Section 103(d)
of the Internal Revenue Code of 1954, as amended, and (ii)
as long as any of such bonds or notes are outstanding, it will
comply with the requirements of Section 103(d) of the Internal
Revenue Code of 1954, as amended, and with applicable regula-
tions of the Department of the Treasury promulgated thereunder.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to
the payment of the principal of and interest on such bonds as
the same respectively become due and payable. An annual appro-
priation shall be made in each year sufficient to pay the princi-
pal of and interest on such bonds becoming due and payable in
such year. There shall annually be levied on all the taxable
real property in said Town a tax sufficient to pay the principal
of and interest on such bonds as the same become due and payable.
Section 6. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance
Law.
Section 7. The validity of such bonds may be contested
only if:
(1) Such bonds are authorized for an object or purpose
for which said Town is not authorized to expend
money, or
(2) The provisions of law which should be complied with
at the date of publication of this resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of publication, or
(3) Such bonds are authorized in violation of the provisions
of the Constitution.
Section 8. This resolution, which takes effect immediately,
shall be published in full in the W&SD News, the official news-
paper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded by: Mr. Jensen
Roll Call Vote: 5 Ayes
The matter of Leskow Circle road, (having been requested by
Mr.. Leskow to be placed on the agenda again) was discussed.
Mr. Leskow stated that he had presented a.copy of notice of
completion from New York State Department_ of. Transportation to
Mrs. Snowden (one of the Board stipulations per motion to table
acceptance, 11-13-72) and had conditional final subdivision
approval from the. Planning Board. Mr.. Diehl retorted that there
had been an executive meeting:of the Zoning Board, Planning
Board and Town Board since the last Board meeting, where this
topic had been a matter of discussion. At that time the matter
was referred back to the Zoning Board for clarification, and,
there were other questions and decisions,to be reached, in regard
to the land in the Circle, and various other questions to be
answered. The Zoning Board was to contact Mr. Leskow, and Mr.
Diehl recommended if they hadn't, he should contact them to get
on their next agenda. No action could be taken until it goes
back to the Zoning Board.
The following resolution was offered by COUNCILMAN HOLT who
moved its adoption:
WHEREAS the Town of Wappinger previously commenced an
action against Peerless Insurance Company and Malcolm Cornell,
Inc. concerning the construction of roads and facilities in
Wildwood Forest, Sections 2 and 2A and
WHEREAS said action was settled in open court after the
commencement of the trial in accordance with a copy of the
attached stipulation wherein and whereby it was agreed that the
roads in Wildwood Forest, Section 2 and Section 2A would be
blacktopped in a manner to be approved. by the Town of Wappinger
Highway Superintendent in accordance with Town specifications,
and wherein and whereby it was further agreed that Fred J. Lafko
and Malcolm.Cornell, individually, would be joined -in said action
as defendantsand that judgment would be entered against the
defendants Fred J. Lafko and Malcolm Cornell, Inc. and Malcolm
Cornell in the sum of $32,000.00 in the event said roads were
not completed, and wherein and whereby it was further agreed
that Peerless Insurance Company would be released from said
action and that any bond posted by Malcolm Cornell, Inc. would
be released, now therefore
BE IT RESOLVED that the stipulation entered into in Supreme
Court in the State of New York before the Honorable Joseph F.
Hawkins, Justice of the Supreme, Court, on April 2, 1973, it is
hereby in all respects approved and ratified, and,
4
BE IT FURTHER RESOLVED that the Town Clerk is hereby
authorized and directed to return to the Peerless Insurance
Company all bonds posted being on -behalf of Malcolm Cornell,.
Inc. in any and all matters relating to the developments known
as Wildwood 2 and Wildwood 2A and that Peerless Insurance Company
is discharged from any and all liability and responsibility on
account of said bonds.
Seconded by: Mr. Clausen
Roll Call -Vote: 5 Ayes
The Stipulation of Settlement is annexed hereto and made part
hereof of the minutes of this meeting.
The following resolution was offered by COUNCILMAN SALAND, who
moved its adoption:
WHEREAS it is desirable to establish a program to permit
the payment of State; County and Town taxes on an installment
basis in at least three (3) installments, now therefore
BE IT RESOLVED that the Town Board of the Town of Wappinger
hereby requests -that the Dutchess County Board of Representa-
tives permit adoption of a proposal to allow the Town of Wappin-
ger to establish a program whereby State, County and Town taxes
can be paid on the installment basis of at least three (3)
installments in accordance with the provision of the Real Proper-
ty Tax Law.
Seconded by: Mr. Clausen
Roll Call Vote: 5 Ayes
A Public Hearing having been duly held on March 27, 1973, on
the Matter of the Establishment of the Wappinger Watch Hill
Water Improvement area, the matter was now placed before the
Board for their consideration.
The following Order was moved by COUNCILMAN CLAUSEN, seconded
by Councilman Holt and upon Roll Call unanimously adopted.
WHEREAS a map, plan, and report have'been prepared
such manner and in such detail as has heretofore been determined
by the Town Board of the Town of Wappinger relatingto the
Establishment•of a proposed Water Improvement Area known as the
Wappinger Watch Hill Water Improvement, in the Town of Wappinger,
Dutchess County, New York, pursuant to Article 12c of the Town
Law, and
WHEREAS said map, plan, and report have been duly filed
in the Clerk's Office of the Town of Wappinger for public inspec-
tion; and
WHEREAS said map, plan, and report were prepared by
Rudolph E. Lapar, a competent engineer, duly licensed by the
State of New York, showing the boundaries of the proposed
district and a general plan of the water system, and
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
TOWN OF WAPPINGERS, a Municipal
Corporation,
Plaintiff,
- against
PEERLESS INS. CO. & MALCOLNM CORNELL,
INC.
Defendants.
x
x
Court House
Poughkeepsie, N.Y.
April 2, 1973
BEFORE: HON. JOSEPH F. HAWKINS, JUSTICE
STIPULATION OF SETTLEMENT
Lillian Harris,CSR
Official Reporter
APPEARANCES:
ALLAN E. RAPPLNTEA, Esq.
Por the Plaintiff
8 Ls/Vette Place
Poughkeepsie, New York
SIEGEL & 8L, Esqs.
For the Defendants
185 Grand Street
Newburg*, New York
BY: DONALD 'At Esq., of counsel
oOo
Az May the record show
that M. Fred J. Isaac and Mr Malcolm Cornell are
in Court and are sitting here
IT IS HEREBY STIPULATED BY AND BETWEEN the
attorney for the plaintiff and the attorneys for the
defendants, that the above caption be amended to add
the names of the defendat, ned J. Lafko and Malcolm
Cornell.
THE COURT% All right.
vt;
RAPPLEYEA And then the stipula-
tion is as follows:
That Malcolm Cornell,Inc.„ at its own cost
and expense will furnish materials and labor to
accomplish the wok set forth with regard to the
streets in the Town of Wappingers, Dutohess County,
3
New York., known as Anvil Court, Hearthstone Drive,
Split Tree Drive, Quarry Road and Malstorm Road.
That the aforesaid roads will be prepared for paving
and all existing holes will be paved and all soft
spots therein will be prepared, the roads then will
be paved with an average of one -and -a -half inches of
compacted blacktop.
The aforesaid work will be done under the
supervision and subject to approval of the Town of
Wappingers Road Superintendent, William Horton, or
whichever Superintendent is then acting.
Upon the completion of the aforesaid work,
and under the supervision and approval of the Town
of Wappingers Superintendent of Highways, the Town of
Wappingers agrees to accept the aforesaid roads as
Town roads.
To insure the completion of the aforesaid work,
Malcolm Cornell, Inc, Malcolm Cornell, individually,
and Fred J. Lafko, individually, hereby consent that
a judgment may be entered against the aforesaid
corporation and said individuals jointly and severally
for the sum of $32,000.00 if the aforesaid work is not
completed within 120 days from either June 1, 1973
or from the date they are notified in writing prior
4
to the date of June 1, 1973 by the Superintendent of
Highways of the Town of Wappingers to commence said
work.
That upon completion of the aforesaid work
the plaintiff will furnigh the defendants stipulations
of discontinuance without costs, interest or disburse-
ments.
That upon entry and acceptance by the Court
of this stipulation, the Town of Wappingers will
release all surety bonds furnished by Malcolm Cornell
in connection with the subdivisions known as Wildwood.
Forest 2 and Wildwood. Forest 2A.
THE COURT: Is it the same as in the
written stipulation?
MR. RAPPIE7EA: It is basically the
same. I have added the paragraph concerning the
enjoinder of the two parties.
TEE COURT: And they have concurred?
MR. RAPPLEYEA: They have concurred
and executed the stipulation.
THE COURT: Mr. Cornell and Mr. Lafko,
atep up, please. The attorneys have put on the record
the stipulation that you have executed and you have
signed that stipulation; is that correct?
5
MR, CORNELL: Yes, your Honor.
MR. LAYKO: Yes, your Honor.
MR, RAPPLEYEA: And it is in considera-
tion of the release of the bond and the release of the
Insurance Company that Mr. Lafko and Mr. Cornell are
being enjoined as defendants in agreeing to this
stipulation.
Gentlemen.
THE COURT: All right, thank you
o0o
I hereby certify that the foregoing is
a true and accurate transcript of proceedings taken
by me in the matter of Town of Wappingers vs. Peerless
Inc. Co & Cornell, before Hon. Joseph F. Hawkins,
Justice, on April 2, 1973.
85
WHEREAS an order was duly adopted by the Town Board on
March 12, 1973, reciting the filing of said map, plan, and
report, the improvements proposed, the boundaries of the
proposed improvement area, and the estimated expenses thereof
and specifying March 27th, 1973, at 7:30 P.M. as the time in
the said Town Hall, in the said Town of Wappinger, as the place
where the said Town Board would meet to consider the map, plan,
and report and to hear all persons interested in the subject
thereof, concerning the same, and
WHEREAS, a hearing in the matter was duly held,by the
Board on this 27th day of March, 1973, commencing at 7:30 P.M.
at theTown Hall in the said Town and considerable discussion
upon the matter having been had and all persons desiring to be
heard having been duly heard including many of the residents
in person and various other persons speaking in favor of the
establishment of the proposed improvement area;
NOW, uponthe:evidence given upon such hearing and upon
motion Of LOUIS CLAUSEN, COUNCILMAN, seconded by Councilman
Holt, and unanimously passed, it is
RESOLVED AND DETERMINED, that (a) the map, plan, and
report has been filed with the Town Clerk of the Town of Wappin-
ger for public inspection and it duly complies with Article 12c
of the Town Law and it is otherwise sufficient; (b) all the
property and property owners within the proposed improvement
area are benefited thereby; (c) all the property and property
owners benefited are included'within'the limits of the proposed
improvement area; and .(d) it is lin the public interest to
establish the Wappinger Watch Hill Water Improvement; anclit
is further
RESOLVED AND DETERMINED, that the establishment of a water
improvement area as proposed -An said map, plan, and report be
approved; the improvement therein mentioned, -be constructed and
the service therein mentioned be proveded for; and that such
improvement area shall'be designated and known as the "Wappinger
Watch Hill Water Improvement and shall be bounded and described
as in the attached Schedule "A"-; and it is. further
RESOLVED, that the Town Clerk -of this Town shall within
ten days after the adoption ot this resolution file a certified
copy in the office of the Clerk of the County of Dutchess, Pough-
keepsie, New York,
A Public Hearing:having:been duly held
the Matter of the Establishment of the
Sewer Improvement area, the matter was
Board for their consideration:
on March 27, 1973, on
Wappinger Watch Hill
now placed before the
The following Order was moved by COUNCILMAN HOLT, seconded by
Councilman:Clausen, and.. upon Roll. Call, unanimously adopted:
WHEREAS a map, plan, and report have been prepared in such
manner and in such detail as has heretofore been determined by
the Town. Board of the Town of Wappinger relating to the'Estab-
lishment of a proposed Sewer Improvement Area known as the
Wappinger Watch Hill Sewer Improvement,:in-Ithe;Town of Wappinger,
Dutchess County, New York, pursuant to Article 12c of the Town
Law, and
WHEREAS 'said map, plan, and -report have been duly -filed in
the Clerk's office of the Town of Wappinger for public inspection;
and'
86
;WHEREAS said map, plan, and report were prepared by Rudolph
E. Lapar, a competent engineer, duly licensed by the State of New
York, showing the boundaries of the proposed district and a
general plan of the sewer system, and
WHEREAS an order was duly adopted by the Town Board on
March 12, 1973, reciting the filing of said map, plan, and
report, the improvements proposed, the boundaries of the proposed
improvement area, and the estimated expenses thereof and speci-
fying March 27th, 1973, at 8:00 P.M. as the time in the said Town
Hall, in the said Town of Wappinger, as the place where the said
Town Board would meet to consider the map, plan, and report and
to hear all persons interested in the subject thereof, concerning
the same, and
WHEREAS, a hearing in the matter was duly held by the Board
on this 27th day of March, 1973, commencing at 800 P.M. at the
Town Hall in the said Town and considerable discussion upon the
matter having been had and all persons desiring to be heard
having been duly heard including many of the residents in person
and various other persons speaking in favor of the -establishment
of the proposed improvement area;
NOW, upon the evidence given upon such hearing and:upon-
motion of HARRY HOLT, COUNCILMAN, seconded by Louis Clausen,
Councilman and unanimously passed, it -is
RESOLVED AND DETERMINED, that (a) the map, plan, and
report has been filed with the Town Clerk of the Town of Wappinger
for public inspection and it duly complies with Article 12c of the
Town Law and it is -otherwise sufficient; (b) all the property and
property owners within the proposed improvement area are benefited
thereby; (c) all the property and property owners benefited are
included within the limits of the proposed improvement area; and
(d) it is in the public interest to establish the Wappinger Watch
Hill Sewer Improvement; and it is further
RESOLVED AND DETERMINED, that the establishment of a sewer
improvement area as proposed in said map, plan, and report be ,
approved; the improvement therein mentioned be constructed and
the service therein mentioned be provided for; and that such
improvement area shall be designated and known as the "Wappinger
Watch Hill Sewer Improvement and shall be bounded and described
as,in.the attached Schedule "A"; and it is further
RESOLVED, that the Town Clerk of this Town shall within
ten days after the adoption of this resolution file a certified
copy in the office of the Clerk of the County of Dutchess,
Poughkeepsie, New York.
Supervisor Diehl announced the Board would take a recess, but
before doing so, addressed Dr. Daniel J. Hannigan, County Rep-
resentative, asking if he wished to say a few words or answer
any questions from the Board or floor. Dr. Hannigan commented
briefly on the conduct of the meeting, then in response to Mr.
Jensen's question as to whether the County was going to try to
reopen the Southern Dutchess Sewer Study, he stated that the
County Board had taken immediate action when the 90-10% subsidy
8 1
plan was brought out by the Federal and State governments. As
soon as funds were cut out it was dropped by the County Board.
Mr. Saland questioned why, when the Town Board had gone on
record as opposed to the implementation of the Buckley Report,
it is being implemented. He.was curious:as to the nature of
the debate, if there was one, why was it passed. Dr. Hannigan
answered that the Buckley Report deals really with the Dutchess
County Airport specifically, and it's.only dealing with how.we
can make this.airport.a safe:one. The fact.that Stewart is going
to probably progress into a jetport, in spite of what we think
about it, it's more imperative that this become a safe airport.
There is no real expanding going on at this airport and the
Buckley Report doesn't call for any great expansion, it calls
for things like an Instrument Landing System, a Tower, the
removal of certain obstructions in the flight paths, improve-
ment of the runways -no expansion -these are all safety measures,
improvement of what we have.
Mr. Incoronato spoke about the Trautman Report and mentioned
the efforts of trying to have a local meeting for public edifica-
then
tion J asked what is happening with Solid Waste in Dutchess County,
. _
will it be handled in another crisis mode. Dr. Hannigan didn't
know what would happen, since Mr. L'Archevesque was sort of
steering this committee tou 'Diehl probably knows more about
what's happening with solid Waste than we do on the County Board.
Mr. Diehl, at this point, reported that at the Landfill, progress
was being made in the required corrections concerning leachate.
A large flow of underground water had been located along Rt. 376
and piped, and Jack Hill and the Board of Health was greatly
satisfied with what has been -picked -up. It appears that a great
problem has been licked.
Supervisor Diehl called a 15 minute recess at 9:24 P.M.
Supervisor Diehl called the meeting back to order at 10:32 P.M.
All Board members were present.
A letter was received from the Supervisor's Office requesting
the Town Board appropriate the sum of $5,000 from Revenue Sharing
Account to be spent for Environmental Protection Control.
The following resolution was offered by_SUPERVISOR DIEHL who
moved its adoption:
WHEREAS, during the present fiscalyear, the Town of
Wappinger has received moneys from Federal Revenue. Sharing in:
the amount of $2'6,738, which are not otherwise committed or
appropriated,
NOW, THEREFORE, BE IT
RESOLVED, that $5,000 of said Federal Revenue Sharing be
and hereby is transferred to account #C8090.4, Environmental
Protection Control, and that the amount appropriated for such
purpose be and hereby is $5,000.00
Seconded by: Mr. Holt
Motion Unanimously Carried
The following Resolution was offered by SUPERVISOR DIEHL who
moved its adoption:
WHEREAS, the Town of Wappinger Town Board hairs ther
termination of hostilities in Vietnam, and
WHEREAS, the Board rejoices at the release and return of
our servicemen who have beenheld prisoners of war, and
WHEREAS, The Federal Government is, considering. appropriating
United States funds for the rebuilding of war damaged areas in
North Vietnam, now, therefore, be it
RESOLVED, :that. , the Town of Wappinger Town Board go, on
record as being opposed to the consideration of appropriations
for the construction assistance in North Vietnam until such
time that all of our servicemen being held prisoner of war are
repatriated, and that all of those servicemen that are listed
as missing in action have been accounted for, and, be it further
RESOLVED, that the Town Board forward a copy of this resolu-
tion to President Richard M. Nixon, United States Senators Jacob
K. Javits and James L. Buckley, and United States Congressman
Hamilton Fish, Jr.
Seconded by: Mr. Holt
Roll Call Vote: 5 Ayes
89.
The following Resolution was introduced by COUNCILMAN JENSEN
who moved its adoption:
WHEREAS, the Town of Wappinger had referred to the
Dutchess County Planning Board a proposed Ordinance Amending
Section 412.02 of the Town Zoning Ordinance, and
WHEREAS, the Dutchess County Planning Board on January 17,
1973, reported.tothe Town of Wappinger that it recommended
against the adoption of said Ordinance, and
WHEREAS, the Town Board published notice of a public hearing
on said amendment and conducted said Public Hearing on January 23,
1973,
NOW THEREFORE, BE IT RESOLVED, that said Ordinance as
proposed be adopted for the following reasons:
. The density bonus was proposed and enacted prior
to the establishment of any Town sewer or water
districts.
2. The lands in the Town should be established as a
certain density without regard to establishmeht of
water or sewer system. If a parcel is zoned R-40 or
RD -40 it should be used at that density. If it is
to be used at a lower density itghould be a -matter
of a zoning amendment by the Town Board after a full
and complete Public Hearing.
3. The adoption of this amendment is in effect a mora-
torium in that the entire Zoning Ordinance of the
Town of Wappinger,is,now subject. to .a review by
Frederick P. Clark Associates and many amendments
will be proposed, some of which will be rejected
and some adopted.
Seconded by: Mr. Clausen
Roll Call Vote:
Supervisor Diehl Nay
Councilman Clausen 'Aye
Councilman Holt Nay
Councilman Jensen.' 'Aye
Councilman Saland Aye
Resolution Defeated
Mr. Diehl qualified his Nay vote by stating that it is his
belief that the Wappinger Sewer and Water Areas, which have
both had Public Hearings, would be financed through the use of
the lands under the zoning in effect at present.
Mr. Holt qualified his Nay vote by stating that, supporting the
normal growth of the Town, such as sewer, water, roads, under-
ground utility lines, these become an added cost to the already
high cost of all housing that is constructed here. To do away
with this density bonus provision in the existing Zoning Ordin-
ance is to again add to these costs. Further, that at the time
of adoption by, the Board of Water. and Sewer services, State and
Federal aid was a prospect, these funds have been deeply curtailed
and not to be looked to as a source of financing. Financial .
support must come from assessment against individual
does want to see modernization for Public Health and
get away from the septic and well syndrome, and help
lots. He
Safety, to
implement
more orderly growth.
Mr. Saland, upon voting, stated that, having weighted the ques-
tions and decisions, felt that the consideration, by the Town
Board, of a cluster zoning proposal would quite probably.keep
the housing costs the same as they are under the present system
of zoning. His yes vote is contingent on the fact that, in his
own mind, the Board will enact a cluster zoning proposal as ex-
pediently as possible.
Mr. Clausen commented, after the vote, that first, this wasn't
a zoning change, only an elimination of the bonus, that it didn't
go back on anything that the master plan of the Town had zoned
for. If it was thought that any R-40 lands should be zoned R-20,
each proposal could be entertained on its own merits. Secondly,
he felt that every member of the Board feels that clusterizoning
has some of the merits that would alleviate the problem of taking
out the bonus from the Ordinance. The Board had directed the
Attorney to the Town to come up with a cluster amendment for
the next Board meeting, so he felt with the cluster zoning coming
up, voting for the amendment would not have had such a vast impact.
Mr. Jensen also commented, after the vote, that there was no
point in further discussing the rationale behind eliminating a
density bonus. In his opinion, by defeating the amendment, the
Town of Wappinger is an R-20 Town. He believes that the next
91
four to eight years is the destiny of the Town, and he would
have liked to see a little more courage to assist in helping and
governing and planning the destiny.
Mr. Incoronato, being recognized by the Chair, voiced his disa-
ppointment in the defeat of,the-amendment.
Mr. Diehl, at this time, stated he'd like to set up. a work shop
session with the Board so we don't mess up on cluster zoning which
we were talking about. The date of May 2nd, at 7:00 P.M. was
set for this session.
The following Ordinance was introduced by COUNCILMAN SALAND
who moved its adoption:
BE IT RESOLVED and ordained by the Town Board of the Town
of Wappinger, Dutchess County, New York,All pursuance of the
authority conferred by the laws of the State of New York, as
follows:
Section I. The Town of Wappinger Zoning Ordinance adopted
January 29, 1962 and amended from time to time is further amended
by adding the following sections:
Section 460 - Planned Unit Development
Section 460.10 -. Intent-,,
It is the intent of this Planned Unit Development (PUD)
section to provide flexible land use and design regulations
through the use of performance criteria so that small -to -large
scale neighborhoods or portions thereof may be developed within
the Town that incorporate a variety of residential types and
non-residential uses, and contain both individual building sites
and common property which are planned and developed as a unit.
Such a planned unit is to be designed an&organized so as to be
capable of satisfactory use and operation as a separate entity
without necessarily needing the participation of other building
sites or other common property in order to,function asa. neigh-
borhood. This article specifically encourages innovations in
residential development so that the growing demands for housing
at all economic levels may be met by greater variety in type,
design and siting of dwellings and by the conservation and more
efficient use of land in such developments.
Section 460.20 - Objectives
In order to carry out the intent of this article, a PUD
shall achieve the following objectives;
1. Airtaximum choice, in,the types of environment,
occupancy tenure, types of housing, lot sizes and commjnity
facilities available to existing and potential Town residents
at all economic levels;
2. More usable,-.open,space and recreation areas;
3. More convenience in location of accessory commer-
cial and service areas;
4. The preservation of trees, outstanding natural
topography and geologic features and prevention of soil erosion;
5. An efficient use of land resulting in smaller
networks of utilities and streets and thereby lower housing costs;
6. A more desirable environment than would be possible
through the strict application of other articles of this ordinance.
Section 460.30 - General Requirements
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 demonstrate that the characteristics of his holdings will
meet the objectives of this article, the Planning Board may
consider projects with less acreage.
Section 46032 - Ownership
The tract of land for a project may be owned, leased
or controlled either by a single person, or corporation or by
a group of individuals or corporations. An Appli6ation must be
filed by the owner or jointly by owners of all property included
in a project. In the case of multiple ownership, the Approval
Plan shall be binding on all owners.
Section 460.33 - Location of PUD District
The PUD District shall be applicable to any area of
the Town as determined by the Town Board.
Sectidn 460.34 - Permitted Uses
All uses within an area designated as a PUD District are
determined by the provisions of this section and the approval of
the project.concerned.
1. Residential Uses: Residences may be of any variety
of types. In developing a balanced community, the use of a
variety of housing types and densities shall be deemed most in
keeping with this article. The developer shall meet as broad a
range of these needs as possible.
2. Accessory iCommercial, Service and Other Non -Residen-
tial Uses: Commercial, service and other non-residential uses
may be permitted where such uses are scaled primarily to serve
the residents of PUD. Consideration shall be given to the project
as it exists in its larger setting in determining the appropriate-
ness of such uses.
3. Customary Accessory or Associated Uses: such as private
garages, storage spaces, recreational and community activities,
churches, schools, and other community facilities shall also
be permitted as appropriate to the PUD.
Section 460.35 - Intensity ot Land Use:
Because land is used more efficiently in a PUD, improved
environmental quality can often be produced with a greater number
of dwelling units per gross building acre than usually permitted
9 3
in traditionally zoned districts. The Town Board shall determine
in each case the appropriate land use intensity of dwelling unit
density for individual projects. The determination of land use
intensity ratings or dwelling unit densities shall be completely
documented, including all facts, opinions and judgments justifying
the selection of the rating or density.
Section 460.36 - Common Property in the PUD
Common property in a PUD is a parcel or parcels of land,
together with the improvements thereon, the'use and enjoyment of
which is shared by the owners and occupants of the individual
building sites. When common property exists, the ownership of
such common property may be either public or private. When
common property.exists in private ownership, satisfactory arrange-
ments must be made for the improvement, operation and maintenance
of such common property'and facilities, including private street,
drives, services and parking areas and recreational and open space
areas.
Section 460.40 - APPlication Procedure and Zoning Approval
Process
Section 460.41 - General
Whenever.any Planned Unit Development is proposed, before
any permit for the erection of a permanent building in such
Planned Unit Development shall be granted, and before any subdiv-
sion plan of any part thereof may be filed in the office of the
County Clerk, the developer or his authorized agent shall apply
for and secure approval of such Planned Unit in,accordance with
the following procedures:
Section 460.42 - Application for Sketch Plan Approval
1. In order to allow the Planning Board and the develop-
er 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 Planning 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 following information:
a. The location and types ot the various uses and
their areas in acral
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
indicating 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-fot each,such area;
d. A computation df the land coverage with buildings
and ,paved parking area,
e. -The-intetioropen spate--system;1
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
indication of how the staging is to proceed. Whether or not the
development is to be staged,,the sketch plan of this section shall
shpw the intended total project.
3. The Planning Board shall review the sketch plan and
its related documents; and shall render either a favorable report
to the Town Board or an unfavorable report to the applicant.
a. A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose
of considering PUD Districting. It shall be based on the follow-
ing findings which shall be included as part of the report:
1. The proposal is conceptually sound in that it
meets local and area wide needs and it conforms to accepted design
principals in the proposed functional roadway And pedestrian
system, land use configuration, open space system, drainage, system,
and scale of the elements both absolutely and to one another.
2. There are adequate services and utilities avail-
able or proposed to be made available in the construction of the
development.
b. An unfavorable report shall state clearly the
reasons therefore and, if appropriate, point out to the applicant
what might be necessary in order to receive a favorable report.
The applicant may, within ten (10) days after receiving an unfavor-
able report, file:an application for PUD Districting with the
Town Clerk. The Town Board may then determine on its own initia-
tive whether or not it wishes to call a public hearing.
4. The Chairman of the Planning Board shall certify
when all of the necessary application material has been presented;
and the Planning Board shall submit its report within sixty (60)
days of such certification. If no report has been rendered after
sixty (60) days, the applicant may proceed as if, a favorable report
were given to the Town Board.
Section 460.43,- Application for PUD Districting
1. Upon receipt of a favorable, report from the Plann-
ing Board, or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for
and 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, said public hearing to be
conducted within forty-five (45) days of the receipt of the
favorable report or the decision or appeal from an unfavorable
report. In the event of an unfavorable recommendation by the
Town Planning Board the provisions of Section 603 of this Ordin-
ance requiring a two-thitd's (2/3) vote of the Town Board shall
be applicable.
2. The Town -Board shall_ refer the application to the
County Planning Board for its_analysis and recommendations; pur-
suant to the provisions of Section 239-m of the General Municipal
Law and the provisions of this Section and the Town.Board shall
also refer the application to the Town Engineer for his review.
3. Within forty-five -(45) days after.the_public hearing,
the Town Board shall render its decision on the application.
Section 460.50 - Site Plan Approval Process
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.
f
c. 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 truck -load-
ing areas, with access and egress drives thereto; location and
proposed development of all pe spaces including parks, play-
grounds, and open reservations;.location of outdoor storage,
if any; location of all existing or proposed site improvements,
includirWdrains, culverts retaining walls and fences;descrip-
tion 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) developmemtLof buffer areas, location
and design of lighting facilities; and theamount of building area
proposed for non-res-idenLial-Aises, if any
Section 460.52.- Factors for Consideration
The Planning Board's review of a preliminary site plan
shall include, but.is nOtl.imited to -the -following considerations;
1. Adequacy and arrangement of pedestrian traffic
access and circulation including -intersections, road widths,
channelization structures:and trafficicontroIs. ;
. 7
2. Adequacy and arrangement of pedestrian traffic
access and circulation including; separation of pedestrian from
vehicular traffic, walkway structures, control of intersections
with vehicular traffic and pedestrian convenience.
3. Location, arrangement, appearance-and-Su'fficiency
1ofdff'streetparkingand loading.
4. Location, arrangement, size and design of buildings,
lighting and signs..
5. Relationship of the various uses to one another and
their scale.
6. Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual and/or a noise
deterring buffer between adjazent uses -and adjoining lands.
7.. The adequacy of usable open space for playgrounds
and informal recreation.
8. Adequacy of water system, sanitary waste disposal
facilities and storm drainage system.
9. Adequacy of structures, roadways and landscaping
in areas with moderate to high susceptibility to flooding and
ponding and/or erosion.
10. Protection of adjacent properties against noise,
glare, unsightliness or other objectionable -features.
11. Conformance with other specific charges of the Town
Board •which may have been stated in the zoning resolution.
In its review, the Planning Board may consult with the
Town Engineer and other Town and County officials, as well as with
representatives of Federal and State agencies including the Soil
Conservation 'Service and the New York State Department of Environ
mental Conservation. The Planning Board will require the exterior
design of all structures be made by, or under the direction of a
registered architect whose seal shall be affixed to such plans.
The Planning Board may also require such additional provisions
and conditions that appear necessary for the public-health,
safety and general welfare.
Section 460.53 - Action on Preliminary Site Plan Applica-
tion.
Within ninety (90) days of the receipt of the applica-
tion for preliminary site plan approval, the Planning Board shall
act on it. If no decision is made within said ninety -day period,
the preliminary site plan shall be considered conditionally
approved. The Planning Board's action shall be in the form of
a written statement ta the applicant stating whether or not
the preliminary site plan is conditionally approved. A copy
of the appropriate minutes of the Planning Board shall be a
sufficient report.
If the preliminary site plan is disapproved, the
Planning Board's statement shall contain the reasons for such
findings. In such a case the, Planning Board may recommend -
further study ofthesite plan and resubmission of the prelimin-
ary site plan to the Planning Board after it has been revised
or redesigned.
Section 460.54 - Application for Final Detailed Site
Plan Approval
After receiving conditional approval from the Planning
Board on a preliminary site plan, and approval for all necessary
permits and curb cuts from state and county officials, the appli-
cant may prepare his final detailed site plan and submit it to
the Planning Board for final approval; except that if more than
twelve (12) months has elapsed between the time of the Planning
Board's report on the preliminary site plan and if the Planning
Board finds that conditions have changed significantly in the
interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision
prior to accepting the proposed final site plan for review.
The final detailed site plan shall conform substan-
tially to the preliminary site plan that has received preliminary
site plan approval. It should incorporate any revisions or
other features that may have been recommended by the Planning
Board and/or the Town Board at the preliminary review. All such
compliances shall be clearly indicated by the applicant on the
appropriate submission.
Section 460.55 - Action on the Final Detailed Site
Plan Application.
Within sixty (60) daYs'of 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 Board
shall endorse its approval on a mpy of the final site plan and
shall forward it to the Building Inspector who may then issue a
building permit to the applicant 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 reasons for disapproval. , A copy of the appropria-
ate minutes mnay suffice for this notice.
Section 460.56 - Staging
If the applicant wishes to stage his.development, and
he has so indicated as per Section 460.42, then he may submit
only those stages he wishes to develop for site plan approval
in accordance with his staging plan. Any plan which requires
more than twenty-four (24) months to be completed shall be
required to be staged; and a staging plan must be developed.
At no point in the development of a PUD -shall the ratio of
non-residential to residential acreage or the dwelling unit
ratios between the several different housing types for that
portion of the PUD completed and/or under construction differ
from that of the PUD as a whole by more than twenty percent (20%).
Section 460.60 - Other Regulations Applicable to
Planned Unit Developments.
Section 460.61 - Regulation after Initial Construction
andL.Occupancy.
For the purposes of regulating and development and use
of property after initial construction and occupancy, any changes
other than use changes shall be processed as a special permit
request to the Planning Board. use changes, shall also be in
the form of a request for special permit except that Town Board
approval shall also be required. It shall be noted, however,
that properties lying in Planned Unit Development Districts
are unique and shall be so considered by the Planning Board or
Town Board,when evaluating these requests; and maintenance of
the intent and function of the planned -unit shall be,of primary
importance.
Section 460.62 - Site Plan Review
Site Plan _Review under the provisions of this article
shall suffice for Planning Board review of subdivisions under
Town,Subdivision Regulations, subject to the following -condi-
tions:
1. The developer shall prepare sets of subdivision
plats suitable for filing with the Office of_the County Clerk in
addition to those drawings required above.
2. The developer shall plat the entire development as
a subdivision; however, PUD's being developed in stages may be
platted and filed in the same stages.
3. Final_site plan approval shall constitute final
plat approval under the Town Subdivision Regulations; and pro-
visions of Section 276 of -the Town Law requiring that the plat
be filed with the-CountTClerk-vithin ninety (90) days of approval
shall apply.
Section 460.70 - Financial Responsibility
No building permits shall be issued for construction
within a PUD District until improvements are installed or perfor-
mance bond posted in accordance with the sameproceduresas
provided for in Section 277 of the Town Law relating to subdivi-
sions.
Section 11. Section 300 of the Zoning Ordinance is hereby
amended by adding the following district:
PUD - Planned Unit Development
Section 111. This Ordinance shall take effect upon adoption,
posting, and publication as provided by Town Law.
Seconded by: Mr. Clausen.
Motion Unanimously Carried
MR. DIEHL moved that the proposed Planned Unit Development
Zoning Amendment be referred to the Dutchess County Department
of Planning and the Town of Wappinger Planning: Board for their
review and •recommendation.
Seconded by Mr. Clausen.
Motion Unanimously Carried
MR. DIEHL moved that a.Public Hearing be set for .7:00 P.M. EDST
,on May 9, 1973 at the Town Hall, Mill Street,, Wappingers Falls,
11
99
New York, on the proposed Planned Unit Development Amendment
to the Town of Wappinger Zoning Ordinance, at which time all
interested persons will be heard.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Messrs. Klein and Alexander had_requested the Town Board
to
reconsider their soil mining application for property on Route 9.
Mr. Diehl asked Mr. Lapar if all the previous conditions had been
met.
Mr. Lapar responded that both he and Mr. Horton agreed that it
has notipeen taken care of.
MR. CLAUSEN moved the application of Klein and Alexander for a
soil mining permit: for their property on_Route 9, be denied on
the same basis that it was denied in the past.
Seconded by Mr. Saland.
Motion Unanimously Carried
The following letter was received:
March 24, 1973
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York
Re: Claim of Richard G. Barger
Gentlemen:
Pursuant to the letter of the Town Attorney of February
27th, 1973, please be advised that my client's claim is broken
down as follows:
A. Professional services and report in conjunction with
Oakwood Knolls Sewer District $2,980.00
B. Professional services and report in conjunction with
Oakwood Knolls Water District $1,000.00
C. Professional services and report in conjunction with
Fleetwood Sewer District $2,980.00
D. ProfessionaliservicesJandreport in:conjunction with
Fleetwood Water District $1,000.00.
My client did this work pursuant to authorization and
agreement from the Town of Wappinger relative.to each of the
above mentioned districts.
If there is any further information you require, please
advise; otherwise, I would, appreciate hearing fromyou as
soon as possible in connection with this claim. Thank you.
Very truly yours,
s/ John M. Reed
MR. JENSEN moved, being the letter from Mr. Barger now states
his -charges by line item, I would again refer this back to the
Attorney to the Town for,disposition.
Seconded by Mr. Clausen.
Motion Unanimously Carried
Mr. Incoronato4 being recognized by the chair, questioned again
whether this claim was still being considered to be levied
against the Fleetwood Districts. He feels this should not be
so considered since the purported studies were accomplished
prior to the establishment of these districts.
Mr. Holt asked whether the Board would consider entertaining
some additional appointments to the Narcotics Guidance Council.
MR. HOLT moved the appointments of Fred Roebke, Robert Ballard,
M.D., and Peg Kanter to the Town,of Wappinger Narcotics Guidance
Council.
Seconded by Mr. Diehl.
Motion Unanimously Carried
Mr. Rappleyea informed the Board that Mr. Lapar requests per-
mission to bid the Storm Drain Sewer work.
MR. CLAUSEN moved that Rudolph E. Lapar, P.E. be granted per-
;
misision to bid the Storm Drainage work in one package.
Seconded by Mr. Saland.
Motion Unanimously Carried
Mr. Rappleyea informed the Board that the application of the
Town for the Department of Environmental Conservation, he has
been advised, is close to a decision, on the Central Wappinger
Water Improvement. With respect to Tall Trees, this application
has been filed with the Department of Audit and Control.
L
L
L
L
Charles Simonson, Hackensack Heights, being recognized by the
Chair, directed a question to Mr. Diehl regarding dirt and mud
on Route 376, being brought out of the Landfill by trucks. He
requested Mr. Diehl to bring this up at the next Landfill Board
of Governor's meeting. Also, he mentioned the shoulder of the
road sinking in this area constituting a hazardous condition.
Mr. Diehl indicated he would bring these matters up, stating
he was aware of the mud and dirt. This having been caused by
the extensive work done by the contractor installing the drainage
system.
Mr. Clausen further pointed out that, in regard to what Dr.
Hannigan had said earlier, it might help if the County Executive
was informed of the need of a recurrance of the County Landfill
Committee to get in operation. He asked that Mr. Diehl bring
to the Board of Governors the message and give them a chance
to come up with a resolution that each of the Town's Represen-
tatives might pass on to the County Executive indicating the
crisis that's coming in the next year or two (regarding the
Landfill).
MR. CLAUSEN moved the meeting be adjourned, seconded by Mr.
Holt and unanimously..carried.
The meeting adjourned at 11:10 P.M.
Reg. Mtg. 4-9-73
Elaine H. Snowden
Town Clerk
101
8lECIAL DISTRICT$
WARRANT
To LOUIS DIZHL
Town of WAllPINGUR
WAPPI NaR
, Supervisor
, County of Dti'r , 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
9th day of APRIL , 19.71., 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
56 :.artral Hudson Gas i Elea
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
IAMOUNT
ALLOWED
FUND OR
ACCOUNT
526.73 883-8130.4
:antral Hudson Gas ` Ilec 124.48
'.antral Hudson Gas a Elec 202.57
Pauline Egan
'Pauline Egan
14ach Chemical Company
Arthur Waddle
JCsntrail Hudson Gas i
Iacton-Cross Company
1:entral Hudson Gas i
Muton -Cross Company
Axton -Cross Company
Patton -Cross Company
PIilliam F. Mihans, Jr.
1Jrsy Hardware Company
ntral Hudson Gas a Ileo
oughkeepsie-Wappinger
Landfill
73 lana T. Heady
64.63
118.25
97.30
940
139.89
155.52
184.60
77.76
77.76
109.08
14.20
34.54
88.86
18.00
12.34
SG.oJ
882-8130.4
881-8130.4
SW1-8310.1
8111-8110.1
SW1-8310.1
881-8110.1
883-8110.1
5113-8130.4
5111-8130.4
912-8130.4
8111-8320.4
881-8130.4
1111-8*0.4
8112-8320.4
812-8130.4
1182-8130.4
SW2-8320.4
1183-8)30.4
881-5130.4
882-8130.4
881-8130.4
882-8130.4
883-8130.4
881-8130.4
882-8130.4
8112-8320.4
OTHER INFORMATION
24.75 883-8110.1 15.13
24.75
16.50 1212-8310.1 16.50
27,50 812-8110.1 27.50
30.25
16 883-8130.4 3.18
.16
1138.6.64
88
38.88
38.88
4.73
4.73
5.01
1.07
1.00
.00
823-8130.4 4.74
583-8130.4
883-8130.4
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPIIIGIR
this ..lOth . day of APRIL ..., 1973
[SEAL]
Town Clerk
8.46
6.00
HIGHWAY DEPARTMENT
WARRANT
To lowslcOm. , Supervisor
Town of liappingar County of....autcheas , New York.
The following claims, having been presented to the Town Board of the Town of
WappfissOr , and duly audited and allowed at a meeting thereof held on the
4111...day of.April 19..73.., 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 AMOUNT FUND OR
ALLOWED ACCOUNT
Power Teat Petroleum _AMC _10110.11
47 10Mnen City Distributers 00.02
41 itel Highway Materials 18.00 a
49 1Inthsiy T. Ileum 175.00
50 luerdien Safety Eamisaent 57.31
51 114.110. Equipment, Inc. 1600.00
32 a a H 11 130.00
33
11 11
2160.00
SS
OTHER INFORMATION
54 IJ.hSl J. King ef Hewes 39.52 *5130.4
55 itelter Smith Welding 20.90 a I
56 ftwe-Natledge 5.901 a I
57 kidney Gas & Service 5.50 I a
51 'Nal ph C. Hermon Cowpony 125.301 a
99 'Theisen Ississent Ce. 3,30 I
60 1 11 $11 N 11901
61 10,11 -Herring Ceppeny 60.40
62 Ibises Tire Mart 86.78 n
63 ISS J. matey Trim 130.001115140.4 I
64 lInternatienal Salt Ce. 247.031085142.4
65 grey Hardware Company 0.501005110.h
66 lews Excavators 2134131 "
67 1114.K. Auto Sully 9.0311116130.4 1
66 Eh11sP1r.dets, Inc. 94/1 I
-r--,.-d.L., bj /01,01),X3
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of 141.01111111r ,
this...h ..... .. _. . day of 1 , 19 73
[SEAL)
To LC0It DIZHL
WARRANT
Town of "Animal'
, Supervisor
, County of DU?CHIts , New York.
The following claims, having been presented to the Town Board of the Town of
`!�►>rR�t , and duly audited and allowed at a meeting thereof held on the
9th APL
day of , 19 73 , 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
(AMOUNT FUND OR
ALLOWED ACCOUNT
1.47 !rani• tharw /f6.66 A-1620.1
r -Millen Community
148 xlance tervice,Inc. 4,070.08 A-4540.4
149 11v3an J. Pike 15.00 8-8010.4
150 feorge Wells 351.37 A-3510.1
151['unto' Cleaning Contr. j 125.00 1M1620.4
152 'Rudolph 11. Leper, P.N. 833.32 $-1440.4
A-1440.4
153 11rthur Waddle 1 415.00 A-1920.5
136.80 A-1355.4
155 9r. D. J. Hannigan { 349.00 A-3510.4
156 Jrown Nadio 1 29.65 A-1620.4
51.25 11-7020.1
16.50 A-7020.1
t
154 !Maas Logan
157 lylvia Guarino
158 ;lady, Reit
OTHER INFORMATION
1n Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wi1PPT 'SR
this 10th day of APRXL , 1973
Town Clerk
[SEAL]
To els DI*HL
Town of
WARRANT
MAPPIIG it
MAPPING'S
9th day of
a certificate thereof
and directed to pay
hereinafter stated:
CLAIM
No.
, Supervisor
, County of MOMS, , 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
, 19 73 , 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
(AMOUNT FUND OR
ALLOWED ACCOUNT
ss9..3
159 1. H. Ling., Inc. 13.30
160 iartford Life Ins. Co. ,095.04
tional tire, Protection
L61 sociation 41.47
162 liming Bulletin 20.00
163 lArax Photographic Company 1215.6"
!Rudolph Z. Limper J 15.00
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
Marine Midland Sank
Marine Midland Sank
Allan Sapplsysa
Williams Press. Inc.
'General Code Publishers
'Corp.
I 5.441
1225.001
666.66
I 14.00
I 25.00 I
tral Hudson Gas Iliac 1 16.20
Eggleston Office *quip.
iigglsston Office *quip.
/rho Pendell Press
lite Pendell Press
McLane'. commercial Sank
6 Trust Company
Corporation
Halls Company, Inc.
27.70]
332.03 1
13.151
I 13.151
1438.001
1111.441
1.795 • 50 1
Central Hudson Gas 6 *1801 214.49
OTHER INFORMATION
1-1355,4
A-9060.8 231.46
8-9060.8 863.58
8-3620.4
1N1-8010.4
1-8010.4
8-6010.4
A-1220.2
A-1620.4
A-1420.4
1-1420.4
A-1110.4
A-1220.4
A-3310.4
A-1660.4
A-1660.4
A-1220.4
A-1660.4
A-1650.4
A-1620.4
A-1620.4
reat Bear Spring Co. 30.00 Ar -1420.4
.and 8. D. News 893.761 A-1410.4
.and B.D. News 1 101.761 1-6410.4
Sat.- . a0, 5' aS
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of WAPPniglalt.
this 10th day of APRIL , 19 73
Filters
Town Clerk
[SEAL]
WARRANT
To LOUIS DINISL Supervisor
Town of WAPPZHOU , County of Menai , New York.
The following claims, having been presented to the Town Board of the Town of
WAPPING= and duly audited and allowed at a meeting thereof held on the
9th day of APRIL , 19.73.., 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 1 AMOUNT FUND OR
No. ALLOWED ACCOUNT
Robert P. Snaith a 7j c'`i".as=
182 Lab. i Consulting Service 100.00 A•8030.4
183 Vince's Oil Service
184 Vince's Oil Service
185 Vine's Oil Service
20.69 A.1620.4
176.34 1.1620.4
294.17 A-1620.4
OTHER INFORMATION
186 Lstterii Sporting Goods :.,S00.S0 1.7140.4
187 George Schlathaus 12.50 A.7110.4
188 Hugh J. Maurer 35.50 A-7110.4
Wappinger Sewer X. 91
189 Rudolph X. Leper, P. X. 11,061.02 Contract 01, Serial Bond
190 prey ..Hardware Company 5.74 A-7110.4
191 Wappingers Central School 96.00 1.7110.4
192 Wappingers Central School 63.00 A-7110.4
193 Wappingers Central School 162.00 A-7110.4
194 Ralph Vinall 323,50 A.7110.4
195 Ilial enterprises, Inc. 167.00 1.7110.4
196 Beacon Distributing Co. 5.00 A-7140.4
197 Beacon Distributing Co. 427.00 A.7140.4
190 South Road Pharmacy 3.90 1.7110.4
199 Jamison Inc. 421.31 A-7110.4
200 Prays Nursery 193.96 1.7110.4
201 Mrs. Lynn Ross 200.00 1.7140.4
202 Nancy Silage 100.00 /4.'140.4
203 John Buckley 57.35 A-7110.4
204 Mr. Richard Rogers 100.00 1.7140.4
�tCN' 3 G y o 9.14 WAPPING=
In Witness Whereof, I have hereunto set' my hand and the Seal of the Town of
this lath day of APRIL , 1973
Town Clerk
[SEAL]
WARRANT
To LOUI8 DZ:HL , Supervisor
Town of MAPPINGS*
, County of w'
New York.
The following claims, having been presented to the Town Board of the Town of
NAPPI1NISR , and duly audited and allowed at a meeting thereof held on the
9th day of APRIL , 19.-71__, 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.
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
Mr. Richard Rogers
Lynn Hoffman
1cn &olor
Ntsy Leadbitter
Miss Bonnie $era:y
Aaron Boland
IMr. William $teinhaus
IMr. Bernie Reimer
(Beth Jones
1Nr. Dennis Craig
Mrs. Andrea Miller
AMOUNT FUND OR
ALLOWED ACCOUNT
AteyOsoc,
100.00 1-7140.4
100.00 A.7140.4
100.00' A07110.4
100.00 A-7140.4
200.00
100.00
100.00
100.00
100.00
150.00
100.00
Olivetti Corp. of America 26.60
Dutchess Rank 4 Trust Co. 5.201
1R. J. Brooker 0o., Inc. 68.751
'Olivetti Corp. of America 190.761
'Reit
I
Holiday Inn. -nth: 36 140.00
Sylvan Lake Telephone ° 14,601
New York Telephone Co. 480.63
-7 38;S ?,eR
A-7140.4
1-7140.4
1-7140.4
A.7140.4
1-7140.4
A-7140.4
A.7140.4
A-1220.2
A-1220.2
R-8020.2
A-1620.2
A-1920.9
Ar1620.4
A-1620.4
OTHER INFORMATION
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
this 10th day of *'RLL 19 73
Town Clerk
WAPPING*