1971-03-15 PHfl
9 !I
A Public, Hearing was held on March 15, 1971, at 8:00 P.M. at the
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Town peill.„ mill Street, Wappingers Falls, N.Y.
on the Application
of Hill -Top Water -Works Corp. for the Extension of their Water Line,
pursuant tp Local Law #2, 1967.
Supervisor Diehl opened the Hearing at 8:25 P.M.
Pr
LouisDiphl, Supervisor
LouisClausen, Councilman
G. D. Finnan, Councilman
Harry Holt, Councilman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
OthersFesent
Rudolph, Lapart Engineer to-the,Town
JamealCoombs, Attorney
Geread,Ganner, Attorney
The Clealc offered for the record the Affidavits of Posting and
Publication, duty sworn to and nota44Ped.
Mr. Diqhl. etated
present du0 to -a
that -the AttornOwCte'the,(TOWntWas unable tO,
commitMent,i0WasbAngt.C114,0),O.,,andi.aleo indticat-pd
a time limit would be set for adjourning -'the hearinglsincer the'
AttorneY WIE4,4+not present.
r ;
MR. CLAUSEN moved the hearing be,adjourned at 9:00 P.M.
Secondedi by Mr,. Heit.
Motion Unanimously Carried
The following Petition W4,5 offered for the record:
IN TEE MATTHR, OF THE APPLICATION
OF
Hill-rTOp:Watsr7Works Corp. fpr approval
of the extmpsion of its water lines, by the
TowniBoaad Of the Town of 1WaPpimger,.pursuant
to Local Law No. 2 for the year 1967,
-rkrwr4,40,••N-r rrrs .rt -r1-.. — M" •Tor7 "" ••••
To the,Mpwn,Board of-thp Town ol,Wappinger;,„
$140,undersigned, for it PlattttWq VekTeOfully alleges and
shows the Town Board of the Town of Wapptnger, by its attorney,
JameH. ieoombes as followS;
First: :Thei petitiounQr is duly. 'onallfialad- an(Vexistftg TranSPOOtation
Corporation formed pureluant to the protrisions of Article 111 of
the Transportation emrporatijO4P-LAW.
SeoondiL,The 1/0titionea,now aervewoo* litn(041011i9naO tbasTOW14,*,,;;
of Wappinger, and supplied to certain esidents, citii2ens and 4'
taxpaVerld;therdof, good and pot410.09'
w
9 4 `.
Third": The. Petitioner intends to 'e,ttend and enlarge its water
supply and distribution system within the Town of Wappinger, to
serve areas of such township °in addition which are more spe6`if cally
bounded and described in Exhibit "A' which is hereto annexed and
made a' part hereof.
The Petitioner agrees to and shall furnish such other further,,
additional and supplemental information as may be requested by the
Town Engineer.
Wherefore, the Petitioner respectfully requests the Towh`8oatd
of the Town of Wappinger to grant its written consent to the
proposed extension and enlargement of Hill -Top Water -Works
;:Corporations water supply and distribution system pursuant to
the provisions of Local Law No. 2 of the year 1967.,
DESCRIPTION
Beginning at a point formed by the intersection of All Angels
Hill Road and Myers Corners Road running thence northerly along
All Angels Hill Road 3,900 plus or minus feet to the intersection
of All Angels Hill Road withliadmer Road thence' westerly along
Widmer Road 1,800 plus or minus feet to the intersection of
Widmer Road with St. Nicholas Road thence nor""therly along 'St.'
Nicholas Road 4,200 plus or minus feet to the intersection of
St. Nicholas Road with 'New "Hacka'nack"Road thence easterly along
New Hackensack Road 400 plus or minus feet to the intersection of
New Hackensack Road thence alohg'did Jackson Road 2,'000 plus or
minus feet to the Wappinger Creek thence northeasterly along the
Wappinger' Creek 11,000 plus Or t iriiis feet to the intersection 'of-
Wappinger Creek with the Town line of the Town of LaGrange thence
easterly"s.long the Town of Labr§aric d ' lirie17, 000 plus or inihus feet
to the Sprout Creek thence southeasterly along the Sprout Creek
24,060 plus or' minus feet tb''the ' ititersection of Sprout Creed
with Brown Road; thence westerly along Brown Road 1,000 plus or
minus feet to the intersection of Brown Road with All Angels Hill
Road thence northwesterly along All Angels Hill Road 9,500 plus
or minus feet to the point of 1344inning.
Mr. James Coombs, Attorney for the Petitioners,• presented the
reasons for the 'r``equested extension. At present, Hill -Top Water -
Works Corp. is the oWne'r' of a "bile million gallon storage tank,
as well as a system that serve'g'other areas of the Town. Storage
is more than sufficient to serve the ayeas of the Tbwn sought" 'now {'
to be served. The precise reason" for' filing this applicatidh at"''
this time is because of some problems which an apartment project
in this new area has found itself with. He pointed out, Wi'th'regard
to the storage facilities and mechanical operational facilities,
that these have been accepted at the present time by the Divisio'n"
of Water' Resources New York State Department of Environmental*
Conservation according to approval which was made on the 19th ' flf
November, 1970. Hill -Top Water -Works has 'complied With LocWiJav j
#2, Year 1967 to this point and will continue to comply with ,the,
3
other provisions of this Local Law. The pipe lines to be installed
will be a minimum of an 18" main, actually larger than immediate-
ly needed, but sufficiently sized so it can be used in the future.
He respectfully requested the Board to approve the application.
Mr. Gerald Garner, Attorney for Stagg Construction Company, stated
that they hold a contract for the purchase of Haven Hill Apartments,
which is conditioned upon one of -the reasons of the Public Hearing.
He went into the background, mentioning some of the particular
problems that have created the tremendous urgency of the meeting.
There is a tremendous problem of heat and water in these apartments.
The problem stems from the existing water as it is now. The water
has a tremendous sulphur content which has completely destroyed the
heating and plumbing system. There are 246 apartments involved;
the problem can not be fixed with the existing water supply. They
have tried digging for more water on the hill, and have geologists
working on the problem who feel there is water available, but of
the same -quality as the previous wells. The second choice was to
dig wells across the road and lay pipe across the road. From an
economic standpoint this was unfeasible as it would be only a
temporary solution. Therefore, the only solution was to bring the
water from tne nearby water works and from their point of view and
from the structure and contour of the land this water works was
Hill -Top. What was being talked about was an existing water works
with a sufficient amount of consumption, taking pipes and bringing
them a distance of about 1,400 feet. Thinking more of the needs
of the future of the community they were talking about an 18" pipe
which could service the future of the area they are now considering
a 20" pipe. There would be no cost to the taxpayer, it would be a
privately financed deal by Stagg at an estimated expense of $250,000.
Mr. Louis Eck asked Mr. Garner why hadn't they approached the Town
of Poughkeepsie for water, the distance waild only be about one mile
across the creek. Mr. Garner answered that sometimes the distance
in feet is not the importance the way the water runs and thefeasi-
9e
bility,of installing pipe and on the basis of their engineering
reports, this is the best solution for them.
Mr. Eck continued by asking if this pipe would be deeded over to
the Town for $1.00.
Mr. Garner said that at -this time the pipe would be able to be
used by :the residents of the Town, but ifthere was an arrangement
for the taking over of the pipe at a future time, it would be
between the Town and the Water Company.
Mr. Eck said it was true these people needed help but the Town
should benefit by it, meaning that the Town should buy all the
water systems in the Town, and they should pay all the water works
at $500, a curb cock, get them all under contract.
Mr. Coombs pointed out that prior to the time that Hill -Top can
begin to service the apartments, it will be necessary for Hill -Top
to obtain the New York State Department of Environmental Conserva-
tions' -approval.
onserva-tions'-approval.
Mr. Don Reilly, Edgehill Drive, asked if the rates could be
expected to be reduced, ,and if so, by how much? And, who was
buying the water, Stagg, or the individual residents in the apart-
ments.
Mr. Coombs answered that the financial arrangements, that is the
difference between the 10"• line and the 20" line, will be borne by
Hill -Top Water Works. Public Service, however, will not allow the
Water Works to install this line at the present consumers expense.
The rates along the extended line will have to support it. There
should be no effect one way or the other on the present consumers
rates.
Mr. Bisom asked who was paying for the pipes and will the water
rates go up in the apartment complex.
Mr. Garner answered that there would be an arrangement between
the water works and Stagg. Stagg will pay for the pipe line and
make an arrangement for an adjustment with the water works.
Mr. Stagliano stated that they are under a contract that will take
place at 4:00 P.M. tomorrow; if there is no answer tonight from
this Board, he will walk away from this piece of property, and the
apartments will come off the tax records because of foreclosing,
it's that simple. The monies to be laid out for the pipe line
will be his, Mr. Schuele would pay him back in services over a
ten year period. In the meantime, if the Town buys the water line
from Mr. Schuele, Mr. Schuele will pay him in cash and the line
will be turned over to the Town for $1.00.
Gary Schmitt, Royal Ridge, asked if the capacity of Hill -Top
Water -Works was great enough to handle expanding if the need arose,
and could they deliver water to the Royal Ridge Development?
Fred Lafko asked who the Engineer was for Hill -Top Water -Works,
and has he (Richard Barger) certified that there is going to be
enough water? And as he reads the description of the service area,
takes in the County Airport. Private enterprise taking over service
of water to the County Airport, have they the County's o.k. on that?
Mr. Coombs stated that although the Airport is in the described
area they don't have to either consent or use the service. If
the lines come within 75' they may ask for service but there is no
obligation for them to take it. It is not like a district.
MR. CLAUSEN moved that the date of March 26, 1971 at 8:00 P.M. at
the Town Hall, be set to reconvene this Public Hearing.
Seconded by Mr. Mills.
Motion Unanimously Carried
MR. CLAUSEN moved that the Engineer and the Attorney to the Town
notify Mr. Schuele as to what the Town Board expects to be in the
Board's possession by the 26th of March so there can be no excuse
why the Board doesn't have the documents that are necessary.
Seconded by Mr. Holt.
Motion Unanimously Carried
MR. MILLS moved the Public Hearing be adjourned to March 26, 1971,
8:00 P.M. at the Town Hall.
Seconded by Mr. Finnan.
Public Hearing adjourned at 9:35 P.M.
Elaine H. Snowden, ;Town Clerk
Motion Unanimously Carried