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1972-09-11 RGMAGENDA - TOWN. BOARD SEPTEMBER 11, 1972 Supervisor Call Meeting to Order 2. Roll Call REPORTS OF OFFICERS Superbisor, Town Justices, Building Inspector Bills: General Fund OKSD F1tSD Highway Fund OKWD F1tWD RFSD 4. PETITIONS & COMMUNICATIONS A. Peddlers License Applications b, Letters from V. Francese, S. Pike, L. Diehl requesting permission to attend conferences. c. Letter from Ping.Bd.. re recommendation Logan rezoning d.. Letter from M.Leskow re: acceptance of Leskow Circle as Town. Rd. e. Alexander -Klein Soil Mining Permit f. Tax Reviews served on Town Clerk: Wappingers Apts. Co. Wappingers Apts. 2nd Co. & Albert Foreman, nominee for Dutchess Assoc. Co.; Leewood Arms Apts. Invesco Holding Corp., Land Properties Co. g. Appoint Dog Enumerators h. Letters from V.Kelley & Julius Gerzof,re inspection program RFSD, YOAO. i.` Notice of Public Hearing, Village of WF re gas pumps Sparkle Plenty Car Wash j. Central Wappinger Water Improvement Area, approval from Audit & Control k. Letter from W. Ifill re Cole-Layer-Trumble Co. 1. Letter from Supr. Office asking permission to put delinquent water &::sewer bills on 1973 Tax Roll 5.. REPORTS OF COMMITTEES 6. RESOLUTIONS Schuele Rezoning 7. UNFINISHED BUSINESS a. Report from R.Lapar re Kent Rd. Drainage Problem b. Letter . from R.Lapar re Helen Dr. Drainage.`;;: c. Petition re water condition Pye Lane d. Letter from S.Pike re VanDeCarr Kennel . NEW BUSINESS . .ADJOURNMENT . A1111111111 ii1H1 1 The Regular Monthly Meeting of the Town Board of the Town of Wappinger was held on September 11, 1972 at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:15 P.M. Present: Louis Diehl, Supervisor Leu4s Clausen, Councilman Harry Holt, Councilman Leif Jensen, Councilman Stephen Saland, Councilman fEiaine H. Snowden,• Town Clerk Others Present: -William Horton, Superintendent~of Highways Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Reports from the Supervisor, Building Inspector and Town Justices were received for the month of August. MR. CLAUSEN moved the Supervisor, Town Justices, and Building Inspector Reports be accepted and placed on file. Seconded by Mr. Jensen. Motion Unanimously Carried Bills received for _payment were as follows General Fund: $16,679 MOD: $167..56 ,FltSD: $123..,69 Highway Fund: 16,051.18 OKWD: 422.76 FLtWD: 181.75 MR. CLAUSEN° moved )the :_billsr_be paid, subject to .audit. Seconded by Mr. Holt. Motion Unanimously Carried 24Z t ft It it Nolt, with regard .t0 the bills rendered for last month, there.wa€s:a bili for the ,•services' of Engineers :(Barger & Russ) back in (1966, for Fleetwood,= , and he was wondering .where the funds would come from to pay that, as there's nothing in the Capital Fund'for Fleetwood now. Since they couldn't find the aolirce of funds last month, their were reluctant to 'approve it. Mr. Diehl stated he believed, subject!to the Attorney, that:,this engineering study was previoushto the District,- but he wasn't sure of thea work before, and what., the Town is obligated to, arid at this time: have Mr. Rappleyea establ.ish :Wha a work was .,donenand,.what : theoTown is obligated to:,pay. 203 Daniel J. Hannigan, County Representative Was present and was - . • ..!! respectfully requested to come forward to answer any questions from the floor regarding County level problems, Mr. Eck questioned him regarding the County reappraisal and the Poughkeepsie-Wappinger ;1 • 0. ; -(11 Landfill site. Joseph Incoronato asked what the County was doing to re -institute a recycling program. He recommended the present land- fill site be used as a primary site adaptable to bw,ingin4icin some highly mechanized equipment. He furtherrecommended,that;aarters be licensed and it be mandatory- forthem, to. piek. Up.recyblables once or twice a week if a recycling project were initiated. Mr. Diehl directed that iteM 4C oh the Agenda be the fit8t:order of business. The following letter was receiVed:' August 22,-1972' Town liqbard Town of Wappinger Mill Street Wappingers Falls, New York Gentlemen: At the August 21, 1972 meeting, the Planning Board of the Town of Wappinger recommended that the rezoning request of Mary & Thomas Logan, Jr., Annamae & Joseph Gutmann, Helen & Harry.Gutmann and Daniel Milner'be denied.' The Planning Board recommended denial as it has been their policy to recommend rezoning only when an:intended use, Specific or general, for the property has been submitted. Respectfully yours, • s/ Betty -Ann Geoghegan, Secr. TOwh oiappingerIPIanninTABd. 'MR. DIEHL moved that this Town Board concur and agree with' the C Planning 'Board, and recommend .their findings be reoeived an&plaCed on file; - Seconded by Mr. Clausen. Motion' Unatiimously Carried' Mr. Rappleyea-waS'Hasked.'to ekplain this'action-to ,tileresidentgd present. "He.stated-that-it'effect the Board -has arlecbednoitog take any further -action on the request- The other alternatIvehm . would- have -been to introdUce an Ordinance, ;g0 through:thdPimbliOns 3 204 of a public hearing, and then disapproving it formally by resolu- tion at -a following-meeting.r This particular application, effect- ually, is dead. The applicants would: have to reapply to the Town Board 'and start fresh with .a new 'petition. : : Applications were received from 'Terry LaCrosse; James Broadwater, Larry Crane, Stan Minasian,,: Gerard Tardif and Larry' Albert for Hawking & Peddling Lecenses. These applications had been referred the the Dutchess County Sheriff's Department, and returned indicating no criminal records on file. MR. CLAUSEN moved to approve the applications and grant Larry Crane, Stan Minasian, Gerard Tardif, Terry LaCrosse, James Broadwater, and Larry Albert licenses for Hawking & Peddling in the. Town of Wappinger. Seconded by Mr. Holt. Motion Unanimously Carried Requests were received from Vincent Francese, Town Justice to attend the New York State Magistrates Conference, Kerhonkson, New York, September 24-27, 1972; Susan Pike, Zoning Administrator to attend the Annual Planning & Zoning Institute, Monticello October 15-17, 1972; and Louis Diehl Supervisor, to attend both the Annual Meeting of New York State Conservation -Commission September 22-24 at Lake Minnerwaska, New York and Seminar New York State Department of Environmental Conservation development September 12, 1972 at Nassau County. MR. CLAUSEN moved that permission be granted Mr. Francese, Miss Pike 'and Mr. Diehl:- -to: attend their respective meetings, and that their legitimate:expenses_be a Town charge. Seconded by Mr. -Holt. Motion Unanimously Carried Requests were received from Martin Leskow;'fMr. & Mrs. Albert Sitterly and Mr. & Mrs. Leander DeGuis-e requesting -that :Leskow Circle be accepted -:as- _a Town _road. Mr. Horton indicated that they would have to meet the old Private. 2O Road Specifications of 1966 by October 30, 1972. They have not met these specifications as yet if they meet it by October 30, 1972, he might have a recommendation. MR. CLAUSEN moved to table the three requests regarding Leskow Circle until the next Town Board meeting, and directed that Mr. Leskow be so notified that the road must be done by October 30, 1972.. �. Seconded by Mr. Holt. Motion Unanimously Carried Klein and Alexander resubmitted their application for a Soil Mining Permit on their property located --at Route 9 and Hopewell Road.. Mr. Rappleyea recommended that this request be held in abeyance until all of the things they are supposed to-do on_the other one_ are completed. MR. SALAND-.moved that;: the Klein -Alexander application for a •permit to extract_ natural -resources on_their .property at Route 9 -and Hopewell Road_be,held in abeyance until all prior work. is completed. Seconded by Mr. Clausen. 'Motion Unanimously Carried: Mrs. Snowden informed the Board thatf:she had been served on August 24, 1972 with Tax Reviews from Wappingers'Apts. Co., Wappingers Apts. 2nd Co. & Albert Foreman, nominee for Dutchess Associates Co.; and also been served on September 1, 1972 by Leewood Arms Apts., Invesco Holding Corp., and Land Properties Co. with Tax Reviews. MR. CLAUSEN moved that Joseph D. Quinn, Jr. Attorney be appointed to answer and defend, on behalf of the Town of Wappinger the Tax Reviews served by Wappingers Apts. Co., Wappingers Apts. 2nd.Co. and Albert Foreman, nominee for Dutchess Associates JCo., and that Allan Rappleyea, Attorney, be appointed to answer and defend, on behalf of the Town of Wappinger, the Tax Reviews served by Leewood Arms Apts., Invesco Holding Corp. and Land Properties • Co. Seconded by Mr. Holt. Motion Unanimously Carried 206 MR HOLT moved to appoint Janet Dean and Barbara Visciarelli as the Dog Enumerators for 1973. . 1: , Seconded by Mr. Clausen. Motion Unanimously Carried The following letters were received: August 31, 1972 Town of Wappinger Mrs. Elaine Snowden Town Clerk Mill Street Wappingers Falls, New York Gentlemen: On August 7th, 1972, a letter was sent to you.notifyingH'you of our intention to install improvements which included water, sewer, storm drainage and roads in our property in Wappingers Falls, filed map of "Ye Olde Apple Orchard Section I and II". On:- Thursday,. August 24th, . 1972, this improvement program started; -:On Monday, August 28th, 1972, an attempt was made by Mr. Dangler to_set up an inspection program with the Engineer of the Rockingham.Sewer'District to inspect the sewer installa- tion under way. Another attempt -was made on: Tuesday August 29th, 1972. After a discussion with Vincent Kelly, Mr. Chazen's represen- tative, it was ob®ious to Mr. Dangler that Mr. Chazen was not going to comply with our request. Immediately following our telephone conversation with Mr. Kelly, we sent a telegram to the Town and to Mr. Chazen, .explaining our position. In our last effort to cooperate with the Town, we held off the back! filling of the newly installed_ sewer lines from Wednesday August 30th4 1972 to Thursday, to Thursday,. August .31s -t,.1972', -as we indicated we would do in the telegram. Another request was made by us for inspection to the Chazen office on Thursday August 31st just prior to back filling_. Please be advised that: our Engineer, Mr. Richard Barger, was requested by us to make the required inspections, and will continue to make such inspections until the work is completed, on the sewer lines. When the work on the water, storm_drainage lines androads are started, we will continue to use Richard Barger, but will notify Rudolph E. Lapar and William Horton, your -town representa- tives on all such installations involving this work. Under thecircumstances, you must appreciate that we have. contractual obligations which amount to virtually hundreds of thousands of dollars, and which we must honor. We, of course cannot be prejudiced by a dispute which the Municipality may have with its designated representative. Therefore, until another such representative :is designated, or the representative now concerned is.directed byTou to immediately comply to our request for inspection, we must proceed as we have been proceeding, based on the inspections of our engineer. toil Unless you respond immediately to the contrary,, weunderstand that this arrangement is satisfactory to you, and you understand the urgency of our situation, should any question arise inthe future. Very truly yours, s/ Julius M. Gerzof August 31, 1972 Town Board Town of Wappinger Mill Street Wappingers Falls, New York Re: Rockingham Sewer District Ye Olde Apple Orchard. Attention: , Supervisor. Diehl Gentlemen.:= c We are in receipt of several pieces of correspondence and a telegram from the agents of Ye Olde Apple Orchard notifying the Town and our office that sewer line construction is beginning on Section III of the subject subdivision. The nature of the communications is that the work requires scheduled inspection: and should be approved as it progresses. We were advised by phone today by Mr. Dangler that a portion of the work is ready for inspection. I told Mr. Dangler that 1 would not inspect. _ We have been over this ground'before when it -was determined -'that full time inspection:by:District Employees would be used and Mr. Lapar. was assigned the task. • Subsequently Mr. Lapar reported to the Board that he:could not afford. to. employ and pay:a full._ time_ person to inspect sporatic construction work. Our position is=the_ same In the matter of "Scheduled" inspection as referred to in the letter to the Board by Mr. Gerzof, dated August 7, such inspection as far as the District is concerned is of little value. Either theinspection.- is by a resident inspector through the whole of the construction period includingtesting or the whole burden. -of inspection and subsequent certification should be' laid upon the developers Engineer. We will do whatever the Board directs us to do in this matter, but under no circumstances will we inspect anywork on a "scheduled" inspection -basis that might, in, any way, be construed as an approval. Please advise. -Very truly yours, s/ Vincent C. Kelley, P.E. 7 2 OS MR. CLAUSEN moved, with regard to the installation of sewer lines r' r in Ye Olde Apple Orchard, that an inspection be made on a daily basis by Vincent C. Kelley, P.E. or his representative, and that the expenses of said inspection be borne by the developer. Further, that Julius Gerzof be notified by telegram, and a copy of said be sent to Mr. Quinn, Attorney to the Rockingham Farms Sewer District. Seconded by Mr. Saland. Motion Unanimously Carried Notice of Public Hearing was received from the Village of Wappingers Falls Zoning Board of Appeals for a hearing to be held on September 12, 1972, on an appeal from Sparkle Plenty Car Wash to grant a variance to allow them to install gas pumps on the car wash property. MR. JENSEN moved that the Town Clerk be directed to write a letter to the Village of Wappingers Falls Zoning Board of Appeals notify- ing them that the Town Board of the Town of Wappinger wishes to go on record as being strongly opposed a variance which would allow placing gas pumps at the Sparkle Plenty Car Wash. Seconded by Mr. Holt. Motion Unanimously. Carried Mrs. Snowden informed the Board that she had received and placed on file the order from the Department of Audit and Control granting the application to provide a water improvement to be known as Central Wappinger Water Improvement Area, on August 30, 1972. MR. HOLT moved to accept the Order from Audit & Control regarding the Central Wappinger Water Improvement and place it on file. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from Mr. Ifill answering the Board's inquiry regarding the County reappraisal. He indicated that the Town's letter was forwarded to Cole-Layer-Trumble Company since they were doing the work. MR. SALAND moved to answer Mr. Ifill's letter, letting him know the Board doesn't consider his letter a proper response to the Board's prior letter as it did not contain the information asked for, with a copy to Cole -Layer & Trumble. Seconded by Mr. Clausen. Motion Unanimously Carried A letter was received from the Supervisor's Office requesting the Board's permission to forward to the County any delinquent water and sewer bills, in arrears as of September 30, 1972, to be placed on the Tax rolls of 1973. MR. HOLT moved that permission be granted for delinquent water and sewer bills, as of September 30, 1972, to be placed on the Tax Rolls of 1973. Seconded by Mr. Clausen. Motion Unanimously Carried The following letters were received: September 11, 1972 Town Board Town of Wappinger Mill Street Wappingers Falls; N.Y. Re: Wappinger Sewer Improvement #1 Stage #1 Gentlemen: As per our discussions with the New York State Department of Environmental -Conservation, it is our intention to proceed with plans and specifications for the rehabilitation on the Oakwood Knolls Plant and construction: of a trunk. linefrom Robert Lane, east on Myers Corners Road to Spook Hill Road; thence, southerly along Spook Hill Road to Old Hopewell Road.. Lines will also be placed along Hopewell Road. With authorization from the Board, we will be pleased to bid this work as soon as possible. Very truly: yours, / Rudolph -E. Lapar, P.E. 7 210 .September 11, 1972 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Central Wappinger Water: Improvement Stage #1 Gentlemen: It is our opinion that the contract for the installation of water mains for the Central Wappinger Water Improvement should be placed at the same time as the sewer line construction of the Wappinger Sewer Improvement #1. Although some delays may be encountered in obtaining various approval from the New York State Department of Environmental Conservation, it is possible to bid the work and then award the bids as approval is granted. I, therefore,- request the authority to bid the contracts of Wappinger Sewer Improvement #1 - Stage ##1, and the facilities of the Central Wappinger Water Improvement together, and although separate contracts must be awarded, only one contractor with the combined lowest bid will be awarded the contract. Very truly yours, • s/ Rudolph E. Lapar, P.E. The. following Resolution was introduced by COUNCILMAN HOLT who moved its adoption., WHEREAS RUDOLPH E.-LAPAR has°provided-the:Town Board:of the: Town of Wappinger with a general outline of the plan of construction for the first phase of the Wappinger Sewer Improvement Area #1, and WHEREAS the Town Board of the Town of Wappinger has concurred in this general plan, now therefore BE IT RESOLVED that RUDOLPH E. LAPAR is authorized to complete the detailed- plans and specifications for said project and to put said project .out •for public bidding. Seconded by: Councilman Clausen Roll Call Vote: 5 Ayes Resolution Duly Adopted The following Resolution was introduced by COUNCILMAN HOLT who moved its adoption: WHEREAS Central Wappinger Water Improvement #1 has been approved by the New York State Department of Audit and Control, now therefore BE IT RESOLVED. that RUDOLPH E. LAPAR is authorized to prepare and put out for public bidding the first phase of the construction of Central Wappinger Water Improvement and ALLAN E. RAPPLLYEA.is authorized to and directed to commence legal proceedings to acquire by negotiations or condemnation the private water systems with the Central Wappinger Water Improvement Area. -Secondedlby: Councilman Clausen Roll Call Vote: 5 Ayes Resolution Duly Adopted The following letter was received: Mr. Louis.D.,ADiehl, Supervisor Town of Wappinger . Town Hall Mill Street Wappingers Falls, New York Dear Mr. Dieh]}: September 1, 1972 - Re: Portion -VA Hospital Reservation, Castle Point, New York (V -NY -454F) We are pleased to announce that the enclosed deed upon execution by your agency will transfer the subject proparty to the Town of Wappinger for public park and recreation purposes under Public Law 91-485. Please have the proper official (s) execute the deed and have it recorded. Werequest thatyouprovide us with six copies of the recorded deed for distribution to the proper Federal agencies. Under separate cover you will also receive a certificate of transfer which .you may wish to exhibit in an appropriate location for public viewing. The certificate of transfer indicates in handsome, scroll print the law under which the property is conveyed, the name of the property, the date of conveyance and is signed by the Secretary of the Interior and the Director of the Bureau of Outdoor Recreation. We look forward to further association with you in the years to come and if we can- be'Yof assistance in answering any questions that you may have regarding thesubjectproperty or the Surplus Property Program, please contact us. We ask that you send the =six -copies - of the recorded deed to the address on our letterhead. Sincerely yours, s/ Ronald M. Pyle, Chief Division of Federal Coordination 1 /l 212 Under Committee Reports, Charles Cortellino submitted the following: Fishkill Environmental Council would like to map Fishkill Creek from start to tend. Each Town would contribute towards chemical and biological analysis. Expected cost to each Town $100-$200. Then the causes of pollution would be identified. I'm on two committees on Dutchess County Environmental Council: 1. Job Description for Executive Director and 2. Order of Priorities <solid,waste appears to be the highest). s/ Charles Cortellino MR. HOLT moved to ask for more clarification from Mr. Cortellino and more information whereby the, County , is not doing the job, and they feel they can do it as a substitute then the Board should receive this information ,for .it. . Seconded by Mr. Clausen. Motion Unanimously • Carried Mr. Jensen reported that the Zoning Advisory Committee is going to meet on September 13th, and will resume their activities. He also mentioned the Southern Dutchess 1990 will meet at the Town Hall September 27th.• It's to be an open meeting, and .will be a presentation of what has been accomplished to date. Mr. Holt reported,on the Narcotics Guidance Council. One good sign was that of the inaugurating.of a youth drug abuse center down on Market Street,' Poughkeepsie. The'Wappinger Guidance Council is recruiting for any level of interest, young, old, ex -addicts - anyone who feels they have an interest and would like to assist. The Council is beginning to take shape again. > Mr. Diehl, commenting on the Board's interest in a number of drain- age problems in the .Town, some dating back to over .a year ago; Kent Road, Brothers Road, Cameli Acres, Be,lai7re Lane aff Losee Road, Martz Field, Gary Place, Dennis Road, Myers_Corners, Wappingers Park Area, Fleetwood Area, Amherst extension, and two more coming up tonight, Kent Road and Helen Drive. MR. DIEHL moved that Rudolph Lapar investigate the_cost and establish the engineering data.needed,•and also instruct Allan Rappleyea to prepare necessary bonding for such action if it's approved by the Board. Seconded by Mr. Jensen. Motion -Unanimously Carried Mr. Clausen commented" that, along with these roads, there -is a drainage problem on Widmer Road which Mr. Lapar might or might not be aware of. The Town, years ago, had installed a drainage ditch, the pipe ended at a culvert and the water doesn'.t go -any- where.-: He asked Mr. Lapar to look into this and possibly include it:;along'with-"the .other drainage problems. Mrs. Hickman mentioned she had a severe drainage:problem at the: corner of Pine Hill Road and New Hackensack -Road, the drainage - basins are above ground level. Mr. Diehl requested Mr. Horton and Mr. Lapar to contact Mr. Petrovits about Mrs. Hickman's problem, and report back"to.the Board at the next"illeeting.'. Mrs. Lepore, Pine Hill Road, also complained of drainage problems. Mr. Clausen, stated that the Board is in receipt of:a letter from the Village of Wappingers Falls, indicating that they would appre- ciater:having the - first xoption' on the present Town Hall Building if and when the Town decides to move. MR. CLAUSEN moved that the Town Board indicate to the Village that they would have first option on any"purchase price that the Town might have. Seconded by Mr. Holt_ Motion Unanimously Carried The "question of.the rezoning request of Mr. Eugen Schuele was placed .again beforefthe Board, since the public hearing had been held an said petition. MRS.; JENSEN moved to table the request due to further information being received by the Board. Seconded by Mr. Saland. Motion Unanimously Carried C; 214 A request for the transfers of funds was received from the Super- visor's Office. The following resolution was offered by COUNCILMAN CLAUSEN who moved its adoption: WHEREAS, the sum of $17,000 has been appropriated to account #B9730.7 - Bond Anticipation Note, Interest. This account has been overexpended and overdrawn by ,the sum of $375.00. In order to meet bills presented for payment, the additional monies were obtained from account #B9710.7 — SerialBondsand Interest. We, therefore, recommend that the Town Board authorize the transfer of the sum of $375.00 from account #B9710.7 to account. #B9730.7 in order to eliminate the overdraftandreimburse said account, and in order to ratify and confirm the previously unauthorized appropriation. RESOLVED, that the sum of $375.00 be and -the same hereby is approrpiated to account #B9730.7 and that -the said sum is hereby transferred thereto from account #B9710.7. WHEREAS, the sum of $2,550.00 will become due and payable October 10, 1972, for a bond presented for payment. There has been no appropriation to account #B9730.6 Bond Anticipation Note and Principal. We,, therefore recommend that the Town Board authorize the transfer of the sum of $2,550.00 from account #B9710.7 to account #B9730.6 in order to eliminate the overdraft and imburse said account, and in order to ratify and confirm the previously unauthorized. appropriation. RESOLVED, that the, sum of $2,550.00 be and the same ishereby appropriated to account #B9730.6 and that said sum is hereby trans- ferred thereto from account #B9710.7. Seconded by Mr. Holt. Roll Call .-Vote :• 5 Ayes Mr. Saland asked that in the future the Board be furnished with the request for transfer prior to the meeting. The following Ordinance was introduced by COUNCILMAN CLAUSEN who moved its adoption: BE IT RESOLVED by the Town Board of the Town of Wappinger, Dutchess Countyv New York,;pursuant to the authority conferred by the laws of the State of New lOrk as follows: Section I: Section 421, Subdivision 3, is hereby amended to read as follows "Section 421 3. Farm use, farm produce stand*, zoological farm or park*, zoo*, game farm*, nursery* and green house*, as defined in this Ordinance, provided that no unenclosed storage of manure, or :odor: or ;dust producing substance shall be permitted within one hundred (100) feet of any street or residential property line." Section 2: This ordinance shall take effect immediately upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Saland The following ordinance was introduced by COUNCILMAN CLAUSEN Who' th&ied =its adop=tion: - "BE'IT RESOLVED by the Town Board:Of-the Town of Wappinger,- Dutchess County,`New York, pursuant to theaia.thorityconferred by the laws -of the State of New York as follows:' Section' 1: = The Town of Wappinger Zoning Map adopted -January 29, 1963, as amended from time to time is hereby further amended by re -zoning the"following parcel of land from BB -2 to RD -20: Premises of Livio and Louisa Burgazzoli, Lot 5.1, Block 3, Town of Wappinger; Tax Map #68; and Lot 6, Block 3, Tax Map #68. Section 2: This ordinance shall take effect immediately upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Saland MR. CLAUSEN moved that both the Ordinance Amending Section 421, Subdivision 3 of"the•Tdwn of Wappinger-Zoning Ordinance, and -.the Burgazzoli rezoning be referred' to the Diitchess:County Department of Planning and the" Town of Wappinger Planning Board for' their review and recommendation. = Seconded by Mr. Saland. Motion Unanimously Carried] The following letters were received: Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. Gentlemen: August- 19,= 1972-- Re: Kent Road Drainage Problem r As per your request my office has made a study of the Kent Road drainage problem and submit herewith an estimate of the proposed drainage relief line: 625 if. of pipe Ca1'$20/ft. 6 I.B. "s $500 ea. Construction Cast' Contingencies 30% • 12,500 - 3,000 15,5000 4,650 TOTAL COST $ 20,150 I am enclosing three (3) copies of the proposed project. /5 216 Please contact me . for _any questions. _or -clarifications.= Very -truly yours, s/ Rudolph E. Lapar, P.'E.. September 6, 1972 Town Board Town of Wappinger Mill Street Wappingers Falls; N.Y. e:- Helen Drive.: Drainage Problem Gentlemeni As per .your -.request my 'office_ has studied the drainage problem on Helen Drive in Quiet Acres subdivision. Our investigation has concluded that the existing Town storm drainage on the westerly line of Aviaz's property is inadequate to handle the expected runoff. If there are any questions pertaining to this matter, feel free to contact me. Very truly yours, s/, RudolphrE. I,apar, P:E. Mr. Diehl stated that these are .two -of -the :projects :that are proposed, and are now under study by the Engineers to the Town. A petition was received from residents of Pye Lane,,=Vorndran Drive, Deer Run,area regarding their: complaint of water .conditions at the July meeting and. -since they had!_heard.rnothing:as to this matter, requested to be placed on the agenda to again discuss this.problem. Mr. Lapar _reported that,. first, he: and Mr_.. Horton had gone out to this area to -investigate ,sand also had discussed the problem, if there is - a problem;_• -with Miss -Pike; -.basically to see if there is a violation• of -the_ soil .mining •ordinance,. to determine .there was not. some of that land has been used,: top- soiltwas. used for the said properties down below- for: the residents.- that , are- compl.a ining about the situation. The probiem.at:presenrt is, that there is a preliminary design for a subdivision behind these :properties..:..He.has noted on these plans that drainage easements would be required, to: take care of the -runoff now being experienced. The_t.solution: -is the develop- ment of the properties above the existing homes. The water is: /7 17 coming off private property, it's nota Town created problem; and was determined that it was not a violation of the mining ordinance. MR. SALAND moved that Miss Pike, Zoning Administrator, be requested to submit a report to the Town Board on the existence of any possible violation of the removal of top soil from the land in the immediate area, and further request thedeterminationof ownership of the property in question from which the water is being drained; and further, that the Town Highway Superintendent, Engineer to the Town and Attorney to the Town report back to the Board as to their finding and also what steps could be taken to alleviate the swamp off Pye Lane. Seconded by Mr. Holt. Motion Unanimously Carried Mr. Horton answered by stating there was one drain that would solve it, it would have to have drainage above it. Where these homesare, was originally a swamp, and the water dra ins into a holding basin. Now the holding basin is filled but still you, have water draining from the hill, so, untill you put drainage above it to Catch that water you will'continue'to have the problem. There -was some discussion from the floor with regard to their problem. Mr. Lapar 'reported' that he and Miss Pike had investigated the Swenson property with regard to Mr. Swenson's request to remove' some piles of dirt. He said that the fill Miss Pike identified as being that in the request, was, some four years ago, put on to hold the waters of the Wappingers Creek from flooding that lower portion of that land. To his knowledge, Mr. Swenson has' still not complied with his original soil mining permit in regard to`final grade and final map. MR. SALAND moved that Mr. Carl Swenson's request to remove severral piles -of dirt from' his property be denied based on Mr. Lapar`s report. r7 218 Seconded by Mr. Jensen. Roll Call Vote: 4 Ayes 0 Nays (Mr. Diehl having been called to the phone caused the 4-0 Vote of business at the time of this single action. He returned for the next order,) A petition having been received by Mr. Herbert Stenger for an exemption to Local Law #2, 1967, the matter was placed before the Board again for their consideration (White Gates). MR. CLAUSEN moved to hold a Public Hearing on the application of Herbert Stenger for an exemption to Local Law #2, 1967 for White Gates, on October 10, 1972, at 7:30 P.M. EDST, at the Town Hall, Mill Street, Wappingers Falls, New York to hear all interested persons. Seconded by Mr. Holt. Motion Unanimously Carried (This motion stands as amended by motion of Mr. Clausen). MR. HOLT moved for a recess, seconded by Mr. Saland and carried. Meeting recessed at 10:26 P.M. Supervisor Diehl called the meeting back to order at 10:40 P.M. All Board members again present. Mr. Diehl noted that the purpose of the recess was in regard to negotiations with the XYZ Corp. for a price for their building and property on Myers Corners Road. As of tonight they have accepted the figure of $300,000 for the building and property they originally were asking $350,000.00 for. MR. DIEHL moved to instruct the Attorney to the Town to prepare the necessary bonding resolution and make preparations to put the proposition to purchase the building and property up to the voters at a Town referendum to be held November 7, 1972. Seconded by Mr. Clausen. Motion Unanimously Carried A report was received from Miss Pike, Zoning Administrator, regard- ing the complaint of Mr. & Mrs. Best against Mrs. George VandeCarr } / 219 harboring dogs. Miss Pike's report indicated that Mrs. VandeCarr had provided her with evidence proving that the VandeCarr's kennel is classified legally non -conforming, therefore her findings were that in operating the kennel, the VandeCarrs are not in violation of the Town of Wappinger Zoning Ordinance. Mr. Diehl directed that Miss Pike's report be forwarded to Mr. & Mrs. Best and Mrs. VandeCarr. Mr. Jensen commented that the Town of Wappinger made the New York Times Sunday, topic: Visual Pollution -about pulling down the signs that are violating the various zoning laws along Route 9. Mr. Saland wished to recommend to the Board that they appoint to the Narcotics Guidance Council Al Roberts, a young attorney, who has expressed an interest in sitting on that Council. It was so noted that there were no vacancies at present on this Council. MR. SALAND moved that Al Roberts name by considered as a member of the Narcotics Guidance Council at the first availability. Seconded by Mr. Holt. Motion Unanimously Carried Mr. Clausen brought up the matter of the right hand lanes at Myers Corners Road, Old Hopewell Road and New Hackensack Road. The County has been addressed previously to pave these proposed lanes. He requested Mr. Rappleyea to contact the County Highway Department in order to bring the County to Wappinger to complete these projects. Mr. Saland, mentioned that, on several occasions he had requested copies, similar to the reports the Supervisor's Office submitted to the Board on March 13th relating to unexpended balances. With budget time coming up, he would again request another report like that be submitted for the next Regular Meeting. It was brought to the attention of the Board by Mr. Saland, that the next regular monthly meeting falls on the date established as a holiday for commemoration of Columbus Day. 220 MR. CLAUSEN moved that the date for the October Regular Monthly meeting be changed from the 9th of October to October 10, 1972 at 8:00 P.M; and further, amend a previous motion setting the date for the Stenger Public Hearing from 7:30 October 9th to 7:30 P.M. October 10, 1972. Seconded by Mr. Holt. Motion Unanimously Carried Mr. Eck, being recognized by the Chair, brought up stabilization of assessments, and asked if the Board had taken his suggestions into consideration. Mr. Diehl stated that the Board had not arrived at any decisions on Mr. Ecks' recommendations, but would offer a motion at this time. MR. DIEHL moved to the effect that the Town request of the recent Board who served as a grievance board, to continue serving as a Board to study, recommend, stabilize, equalize, the assessments in the Town Of Wappinger and they work as_a Board or as an indivi- dual, at no cost to the Town. Mr. Holt suggested to include in this motion they be asked, that within 4 or 5 months, to submit to the Town Board their recommendation as to the best proceedure for achieving equalization of assessments. Mr. Eck argued this was too long a time. Mr. Jensen recommended addressing the matter to the Town Assessor first, and possibly, the Board sitwith the Assessor to further discuss the plan of Mr. Eck's. After that it could be ascertained if, in fact, a committee is needed to take this type of action. MR. JENSEN moved that the Town Board consult with the Town Assessor and review Mr. Eck's plan for completeness and how long it might take to incorporate said plan. There was discussion on Mr. Jensen's motion, suggestions for amendments and reconsideration, which resulted in it dying without a second. MR. DIEHL moved that the Grievance Board that had worked this year for the Town, that they, on a voluntary basis, study, recommend, in an effort to stabilize, and equalize assessments in the. Town:of Wappinger and forward their recommendation back to the Town Board, either on a collective Board effort, or on an individual basis if the whole Board did not want to do it. - Seconded by Mr. Clausen. Roll Call Vote: Supervisor Diehl Aye Councilman Clausen Aye Councilman Holt Nay Councilman Jensen Nay Councilman Saland Abstain Motion Failed Mr. Jensen stated that he would take it upon himself to discuss Mr. Eck's plan with the Assessor. MR. HOLT moved the meeting be adjourned, seconded by Mr. Saland and unanimously carried. The meeting adjourned at 11:11 PM. Elaine H. Snowden Town Clerk Reg. Mtg. 9/11/72 II SPECIAL DISTRICTS WARRANT To LCIIIS" DIEHL , Supervisor Town of W ISR , County of Malin , New York. The following claims, having been presented to the Town Board of the Town of 11APpi1Ml'i' R , and duly audited and allowed at a meeting thereof held on the 11 day of 8sptsahsr , 19 72 , 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 135 i~ulins 136 AxtarCross Company 137 Theban lquipasnt 138 N 6 8 Supply Corp. 139 Orsy Hardware Caspsay 140 1Thalmsn Equipment Co. (AMOUNT FUND OR ALLOWED ACCOUNT 22.50 304.56 25.00 6.74 13.76 11,80 141 jCentral Hodson Gas 6 Elec 251,96 142 'Central Hodson Gas 6 ilea 392.071 143 tral Hodson Gas 6 Eisa 96,691 144 Central Hodson Gas 6 ilea 105.471 145 William P. 1[lhana, Jr. 25.861 146ttral Hudson Gas 6 ileo 1161, 33 I 147 Urey Hardware Company I 6.23 148 Central Hudson Gas 6 EIsa !151.03 149 Tangs r lac, In Witness Whereof, this 12th day of [SEAL) alt -8310,4 882-8110.4 SS1-8130.4 SS2-8130.4 SS1-8130.4 SS2-8130.4 OTHER INFORMATION 11,25 11,25 152.28 152.28 8.33 SS3-8130.4 8.34 8.33 883.8130,4 813-8130.4 883-8130.4 I $$3-8130.4 813-8130.4 812-8130.4 811-8320.4 SN1-8310.4 12,93 8N2-8310,4 12,93 511-6130,4 811-8130,4 882-8320,4 SS2-8130.4 have hereunto set my hand and the Seal of the Town of r .19 72 Town Clerk WARRANT To NM DEMI , Supervisor Town of. 111111111611, County of D , 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 1111013319111 11 day of Seer , 19 72, in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, ydu 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 547 Norma O'Rourke •lope-Willen Community 548 Ambulance Service. Inc. W50.00 0.00 'AMOUNT FUND OR ALLOWED ACCOUNT 67.501 61330.1 141540.4 318010.4 15.00 113120.4 295.00 13510.1 200.80 63510.1 11620.1 139.00 61620.4 11440.4 833.32 31440.4 10.00 18010.4 563.00 13510.4 411.00 13510.4 125.00 111620.4 11.420.4 666.66 11420.4 107.88 13310.4 500.00 31410.4 97.03 11620.4 34.60 11355.4 64.20 61110.4 34.20 11220.4 30.00 11630.4 13.00 11110.4 42.73 11110.4 11110.4 and• the Seal 549 Susan J. Pik. 6.60 550 Arthur Waddle 551 James T. Guarino 552 Gorge Wills 553 Francis therm 554 3udol,pb S. taper, P. S. 555 Rudolph 1. Lapar, P. 1. 556 Dr. D. J. Hannigan 557 Dr. D. J. Hannigan 558 Custas Cleaning Contr. 559 Allan i. llappl yea 560 Lidy Angelo 561 Leland T. 1ookhort 562 Power 'let Pet. Dist. Office 563 Database County Clerk's 564 The Pendell Press 565 The Pendell Press 566 Great Sear Spring Co. 567 Vassar Brothers Hospital 568 Williamson Law Book Co. 569 Williamson Law Sock Co. 8.64 �j In Witness Whereof, I have hereunto t my han"r1 this 12th day of Seer 19 72 OTHER INFORMATION 133.00 6.00 166.66 666.66 375.00 291.66 of the Town of mums= [SEAL] Town Clerk WARRANT To L00I9 DIANE , Supervisor Town of NADDING*R , County of MOO= , 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 111,4711931119 lith day of September , 19 7a , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, ydu 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 570 Clifford Thorpe 95.00 83620.4 571 sgglsston Office 1quip.Co , 3.6.70 A1620.4 572 mess Co -Operative VOL: 12:85 A1110.4 573 Central sson Gas 174.18 63.620.4 574 1 Central Madsen Gas 6 Ilea 13.77 A3310.4 575 IS. and SD. Mews 12.96 A6410.4 576 9. and S.D. Hess 50.98 16410.4 577 Urea Corporation 265.03 A1620.4 OTHER INFORMATION 579 Xerox Corporation 84.00 A1620.4 Wappingers Central $*ool 579 District 01 210.00 !Reimbursed by DCJ1CiD A9000.8 330.98 580 Mastford Life Insurance ,316,40 19060.8 485.42 Marine Midland sank of 581 pep. Mew York(Trust Dept. 42.88 19995.3 582 A.1 Pence Co., Inc. 342.50 A7110.2 583 Beacon Distributing 37.02 87310.4 584 Seiph Viaall 339.00 A7110.4 585 Jabs T. Mowry 502.50 67110.1 586 Charlie 8.11 106.00 A7110.1 587 Georg. D. Wolf, Inc. 25.60 A7140.4 588 John Dray 761.00 A7110.4 599 ihnthony Pose 14.00 67110.1 590 *dna C. Winters 53.75 97110.1 591 N. 1. Aaailand, Ina. 21.27 67110.4 592 N. a S. Supply Co. 9.15 A7110.4 -131. a 0 M6lPIDCiaa In Witness Whereof, I have hereunto set and and the Seal of the Town of , this l' ...._._.__..day of Sr 19 73 Town Clerk [SEAL] 1*1 0 Voucher WARRANT To touts Dian , Supervisor Town of IlaPPIXKOM , County of , 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 Uth day of. .1111110.11116W , 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: 1111PPINGOIR CLAIM No. 53 594 525 1s II Supply Corp. 596 114 s $ Supply Corp 597 William J. Prod:Lake= SOS 599 600 401 NAME OF CLAIMANT Ketcham Motors AMOUNT ALLOWED 330.001110anatioarnoptekents. 330.00 X I Oupply Corp. 31.64 3.47 SOAS 105.00 Ory Sardosro Company 14.6/ gook J. Nmur.r 45.70 106.00 Model* S. lapar, P. X. L435.00 Sy/von Zak* Tolophono Co. 9.25 447.92 74.75 403 Ski Mum Thara 35 York tolophoso COL. lire Span FUND OR ACCOUNT 47110.2 47110.4 47110.4 h7110.4 47140.4 47110.4 47110.4 OTHER INFORMATION 97310.4 Highway Fund Angelbrook D9995.0 41620.4 #1620.4 41220.1 In Witness Whereof, I have hereunto set my hand and the Seal of the Town of , 19 72 this.... day of - [SEAL] HIGHWAY DEPARTMENT WARRANT To L.itltf*..11..,..11iAIil , Supervisor Town of Neppinger County of. i !*J4 , New York. The following claims, having been presented to the Town Board of the Town of Msppineer , and duly audited and allowed at a meeting thereof held on the 11 tlday of September , 191L.., 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 179 Spoor -Lather Co., Inc. 180 Capitol Highway Msterf a 181 Queen City Distributors 1821 A.J.$O. Equipment, Inc. 183 R.N. Lingo 184 Clove Eaeavators 18$ Spoor -LaMar Co., Inc. 186 I 1Rtortleki 11 Rod Al Sum 1871 Montfort Oros., Inc. Walter Smith Welding 189 Abbott & Abbott_ 190 Norbert Cole 1911 Msck Trucks, Inc. 192 O $ K Auto Supply 193 Hudson River Sales 1941 moo, Sas i Service 1951 Automotive Drake' 1961 James J. @aisley 1971 Mew York Communicational 4 Ip AMOUNT FUND OR ALLOWED ACCOUNT 820.01 025110.4 u OTHER INFORMATION 2.1 1 5.711. 55.3 118. 370.0 1 56;.0 0:5140.1 0$511.0.4 IS $1 u in W_ it th September72 this. .. day of , 19 ereof, I have hereunto set my hand and the Seal of the Town of Meppinser