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1970-06-08 RGMA Public Hearing was held by the Town Board of the Town of Wappinger on Monday, June 8, 1970, at Town Hall, Mill Street, Village of Wappingers Falls, Wappingers Falls, New York on an Ordinance Requiring Driveway Permits and Establishing Procedures for the Issuance Thereof. Supervisor Diehl called the Hearing to order at 7:35 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: William Horton, Superintendent of Highways Allan Rappleyea, Attorney to the Town The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized by Albert Osten of the W&SD News. (These Affidavits are attachedhereto and made a part thereof. of the minutes of this Hearing). Supervisor Diehl asked for comments from the floor or members of the Board. Theee were none. Motion made by James Mills, seconded by Mr. Clausen and carried that the Public Hearing be closed. The Hearing closed at 7:40 P.M. Elaine H. Snowden Town Clerk W. and 5. D. NEWS• DISPLAY ADVERTISING AX 7 — 3724 20 EAST MAIN STREET - WAPPINGERS FALLS, N.Y. CLASSIFIED ADVERTISING PLEASE TAKE NOTICE that the Town Board ,ofthe Town of Wappinger will conduct a public hearing at the Towrr Hall, MITI Street, Wappingers Falls, New York • on June 8, 1970, at 7:30 P.M. to hear all Persons concerning an Ordinance Requiring Driveway Permits and Establishing procedures for the Issuance Thereof. Elaine H Snowden ' ORDINANCE 'REQUIRING DRIVEWAY PERMITS ANE ESTABLISHING PROCEDURES FOR THE ISSUANCE THEREOF The following Ordinance was Introduced by Councilman MIlls.who ;,% -i mooed its adoption:. - 1-`,..--',' 's' BE IT ENACTED by the Town Board of the Town of Wappinger,,:' esfosiowss,. , - •i.; $11 Section 1'. Legislative Intent The current practice In the Town of ". .Wappinger, is to provide for public street dedications, which said streets are to be at least 50 feet In width. Said streets are generally .. - .d to• an extent aver.ging 28 feet.in width thus requiring many "• - ,. w rty owners to extend their driveways over the public highway to r"o paved portion of said .dw.y: As a result of "the aforementioned, i K • ;ten happens that In•the installation of private driveways It causes,..,*fence with' or damage to the public highway. In order to insure r proper.,m.intenanee',of. town highways, all. driveways must be installed and malntaln.d'in accordance with standards established by ; , the Ordinance and a permit issued by the Town Highway ; Superintendent prior to It; installation or prior to any repair thereof ';:• which will change the character of said driveway. f" . Section 2. No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent... Section 3. Prior to the installation or the repair of any portion of a'" Private driveway at the point which said driveway enters the public , highway of the Town of Wappinger, the owner or agent making said _ installation or repairs shall apply to the Town Superintendent, of' Highways for a driveway permit on written forms provided by the.' Highway Superintendent. Section 4. Upon the ,receipt of sold, application the Highway Superintendent shall make a physical examination of the proposed driveway and shall determine whether or not the proposed location of said driveway and the width thereof are In keeping with the proper maintenance of town highways and he may thereafter issue a written approval of said driveway setting forth the width thereof and the nature of any improvements required. • - ; i '_• Section 5. The Superintendent of "Highwaysmay deny an application fora driveway permit in the event he determines that the proposed location or manner of construction will cause damage to, the public highway or in the event he determines that the location of said driveway or manner of sold construction will cause a safety hazard to those traveling on the said public highway. Section 6. Upon the receipt of the written approval of the Highway Superintendent, the owner or agent may proceed to Install said driveway In accordance with said approval and shall ,thereafter not deviate from the terns of said_epproval without further application to the Town SuperintendenC -A • �,.' Section 7. The Town Highway Superintendent is hereby authorized `. to remove any driveways within the public right-of-way which do not conform to the specifications as set forth In any permit granted to the agent or the owner or any driveways for which a permit has not been granted. • tion 8. A person who shall violate the provisions of this O nce shall be guilty of en unciessified offense and upon :Ion thereof may be fined a sum not to exceed 910.00 for each vin. Each day that the violation shall •continue shall be deemed a at offense. ion 9. This Ordinance shell take effect "Immediately upon adoption, posting end publication as provided by Town Law. SECONDED BY Councilman Clausen - AFFIDAVIT OF PUBLICATION State of New York. County of Dutchess. Town of Wappinger: Beatrice Osten of the Town of Wappinger. Dutcheu County. New Yak being duly swan. says that he is. and tit the several times hereinafter was, theL'�+orEditO.i- ibliaheaf W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the. Town of Wappinger. Dutchess County. New Yak. and that the annexed NOTICE was duly published in the said newspaper for ...WIG ...week succeuively. o is ... In each week. commencing on the.. 21st...day of.... May 19.70 and on the following dates thereafter, namely on and ending on the...,2.].St..day of....May 19.7 0 both days inclusive. Subscribed and sworn to before _ this. 2..-1 day of...,0.1. ft. .i c LCL 6, My commission expir s •w. r • •1, ••0 Notary Public •`i C TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AN ORDINANCE REQUIRING DRIVEWAY PERMITS AND ESTABLISHING PROCEDURES FOR THE ISSUANCE THEREOF STATE OF NEW YORK ) ) COUNTY OF DUTCHESS ) SS: 1 3 4 Orit AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 26, 1970, your deponent posted a copy of the attached notice of Public Hearing on the Ordinance Requiring Driveway Permits and Establishing Procedures. For The Issuance Thereof, on the signboard maintained by your dqponent in her office in the Town Hall of the Town of Wappinger, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Coti:1,51A Elaine H. Snowden, Town Clerk Sworn to before me this day of '/L',*'E 1970. Notary Public ROBERT W. MONTROSS NOTARY i•UBLIC, STATE GF NEW yORIt RES;OINS1 0IITCRESS COIJNTY COMMISSION EXPIRES MARCH 30,1 134b A Public Hearing was held by the Town Board of the Town of Wappinger on Monday, June 8, 1970, at the Town Hall, in the Village of Wappingers Falls, Mill Street, Wappingers Falls, New York on a proposed Local Law #2, relating to the imposition charge and collection of water rates for the Fleetwood Manor Water District as well as the penalties and enforcement thereof. Supervisor Diehl opened the Hearing at 7:41 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman James Mills, Councilman Others Present: Allan Rappleyea, Attorney to the Town William Horton, Superintendent of Highways The Town Clerk offered for the record the Affidavit of Posting and Publication duly signed and notarized by Albert Osten of the U&SD News. (These Affidavits are attached hereto and made a part thereof of the minutes of this Hearing). Mr. MacDonald, Attorney for the district briefed the public on the rates and minimum charges and explained the penalty period. Mr. Lafko asked the consequences of non payment of bills, turn on/off fees and hook up charges. Mr. Eck asked about curb box repair costs to lines 4 feet down. Mr. MacDonald advised the hearing dealt with rates only, but the district'would bear such costs to the curb. Mr. Lapar advised the district would be responsible to the curb box, the individual owner is responsible from the curb box to the property. Mr. Joseph Incoronato asked about the possibility of checking figures of the fiscal year for the district. The reply was thee are public records and are available. Mr. MacDonald explained the quarterly $9.90 minimum covers the 1st 9000 gallons; 30% equal to a rate of $1.10 per 1,000. Over 9,000 gallons the charge is .90 per 1000, but the 9.90 is the minimum charge., The sewer charge has no minimum and will be 70% of the minimum quarterly charge plus 70% of the additional water used for that quarter. Mr. Liebler asked what happens to unpaid water and sewer charges. Supervisor Diehl said the charges are put on the tax roll and paid then. Mr. Bisom thought the method of computing water and sewer charges was—very confusing and should be simplified. Mr. Morris explained he lives on top of the hill and frequently has no water but the meter continues to nun (air). Mr. Eck asked the minimum charge per year and figures became so involved, Mr. Clausen moved for an adjournement to June 18, 1970 at 8:00 P.M., seconded by Mr. Mills and carried. The Hearing adjourned at 8:15 P.m. Elaine H. Snowden Town Clerk W. and S. P. NEWS DISPLAY ADVERTISING mpg AX 7 — 3724 CLASSIFIED ADVERTISING 20 EAST MAIN STREET WAPPINGERS FALLS, N.Y. ,---. . ,—..r .--- ' - ... : _– NOTICED OF'PUBLIC HEARING,ON-„.w.:_ . PROPOSED TOWN OF WAPPING"ER •- tr''' ,,.LOCAL LAW-NO.2, FOR. THE YEAR n=.� loc..„, NOTICE IS HEREBY,.GIVEN that there hes been duly presentedto ,,., ,,, ;�fa"nd introduced beforethe Town Board of the Town of Wappinger, •„ {liutchess County;.New York, on May 25, 1970, Local Law No. 2 of itie year: 1970 entitled; "A . Local Law relating to the "Imposition charge and collegt(on of water rates for the Fleetwood Manor Water 'District as well es the penalties and enforcement thereof." - ' ,- •The Local Law sets forth rates, manner of payment, penalties and the enforcement thereof by lien or otherwise. e-.4'... NOTICE IS FURTHER GIVEN, the Town Board of the -Town of .Wapprng@r wilr;Cblduit'a public hearing on the aforesaid proposed '''t.ocal Lew at the'TovA,n Haii,•Mill Street, Wappingers Falls, Town of Wappinger, Dutchess County, New York, on the 8th day of June, 1970, at 7:45 o'clock p.m. Eastern Daylight Savings Time, on such day, at which time all parties interested will be heard. Dated: May 25.41970 - ? =, m ELAINE H. SNOWDEN,t NTown Clerk, Town of Wappinger, --Dutchess County, New York AFFIDAVIT OF PUBLICATION State of New York. County of Dutcheu Town of Wappinger. gsbLSi.c P. Q i IPA of the Town of Wappinger, Dutcheu County. New York being duly sworn. says £heoheg isf t D f a l it b 1 MI al times hereinafter was. the of W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutcheu County. New York. and that the annexed NOTICE was duly published in the said newspaper for one week successively once In each week. commencing on the 28th day of M a X 19.1? and on the following dates thereafter, namely on and ending on the 28th day of 19. 7 °both days inclusive. Subscril>led and sworn to bef day of, . . My commission expires ay .; 19.`1 C Notary Public . TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF AFFIDAVIT OF LOCAL LAW NO. 2, FOR THE YEAR 1970, POSTING TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says: That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 26, 1970, your deponent posted a copy of the attached notice of Public Hearing on Local Law No. 2, For the Year 1970, on the signboard maintained by your deponent in her office in the Town Hall, Mill Street, in the Village of Wappingers Falls, Town of Wappinger, Dutchess County, New York. Cl`"Lt-P.2".1.A Elaine H. Snowden, Town Clerk Sworn to before me this /day of \d/VIE 1970. Notary Public ROBERT W.AAONTROSS NCTARY PUBLIC, STATE OF NEW YORK MES10!IS N DCTChESS COUNTY CUNAUSSION EXPIRES MARCH 30,19!' AGENDA - TOWN BOARD JUNE 8, 1970 1. Supervisor Call Meeting to Order 2. Roll Call 3. Accept Minutes 4. Reports of Officers: Supervisor Bldg. Insp. Town Justices Bills: General Fund; Highway OKWD Fltwd WD OKSD Fltwd SD RFSD 5. PETITIONS & COMMUNICATIONS a. Appoint Election Inspectors b. Fred'IDe Vivo Traffic Light intersection Rte 9 & Scenic Drive c. Mr. Sieleky re:. Noise Ordinance e. Planning Board recommendation on Magdalany Rezoning f. Planning Board recommendation On Wheeler Hill-Hughsonville rezoning g. Planning Board re: Sign Ordinance h. Planning Board re: Rockingham Farm Sewer District i. Warren C. Edgar Notice of Claim against Town J. Investors C611ateral Summons & Complaint against Town k. Appointment for Narcotics Council - the Rev. Robt. MacGill leaving 1. Dr. Daniel Hannigan re: use of School properties for Recreation m. Palmatier Rezoning -set date for PublicHeaZing-. n. Peddlers Licence Ordinance - 0: 12ii2c.c4., Ct_Lz_.LIC 6. REPORTS OF COMMITTEES Mrs. Bausch Bldg. Committee - Village' Code of Ethics 7. RESOLUTIONS 1. Driveway Ordinance 2. Rezoning Montclair Hughsonville area 3. Local Law #2 4. Local Law ,#3 5. Purchase of R.O.W. 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT ! 1 1 9 The Regular Meeting of the Town Board of the Town of Wappinger was held June 8, 1970, at the Town Hall, Mill Street, Wappingers Falls, New York. Supervisor Diehl called the meeting to order at 8:45 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Harry Holt, Councilman Elaine H. SnoWden, Town Clerk Others Present: William Horton, Superintendent of Highways Rudolph Lapar, Engineer to the Town Allan Rappleyea, Attorney to the Town MR. FINNAN moved that the Minutes of the Regular Meeting of May 11, 1970 and the Special Meetings of May 18th and May 25th, 1970 be and they are hereby accepted as-aubmitted,by the Town Clerk, seconded by Mr. Mills. Motion Unanimously Carried Bills submitted for payment were as follows: General Fund $8,667.91 OKSD $370.94 FL.SD$341.09 Highway Fund 6,137.73 OKWD 107,42 FL.WD 106.91 RFSD 467.08 MR. MILLS moved that the bills be paid, subject to audit. Seconded by Mr. Clausen. Motion Unanimously Carried In accordance with the New York State Election Laws, George Reid, Dutchess County Republican Committee Chairman, and Glen C. Van Bramer, Dutchess County Democratic Committee Chairman submitted their respect- ive recommendations of people to serve as election inspectors in and for the Town of Wappinger. L, MR. MILLS moved the following people be appointed as election inspectors in and for the Town of Wappinger. 120 t 1st Distr. 2nd Distr. 3rd Distr. 4th Distr. 5th Distr. 6th Distr. 7th Distr. 8th Distr. 9th Distr. 10th Distr. llth Distr. 12th Distr. 13th Distr. 14th Distr. Alternates: 1st Distr. 2nd Distr. 3rd Distr. 4th Distr. 5th Distr. 6th Distr. REPUBLICAN ELECTION INSPECTORS - 1970 Ethel Mihans, 48 High St. W.F. Catherine DeRonde, 8 Trabucco Pl. W.F. Charles Grosenbeck, 1 Dutchess Ave. W.F. George Dick, Spring St. W.F. Harold Myers, 93 South Ave. W.F. Joan Yeaple, 6 Carmine Dr. W.F. Emma Finnan, Ada Drive, W.F. Tenna Jensen, Widmer Rd. W.F. Bernice Mills,7 Brian Place, .W.F. Joan Nutt, .,12 Russ Place, W.F. Beatrice Helmeyer,'Diddell Rd. W.F. Jean Schmidt, Diddell Rd,. June Schnorr,' DeGarmo Hills: Rd, W.F. Barbara Jensen, Myers Corners Rd. W.F. r, Marion Siudzinski, Fenmore Dr. W.F. Mary Kelley, Pye Lane, W.F. Johanna Rinck, All Angels Rd. W.F. Florence Bisulk, All Angels Rd. W.F. Beatrice Roe, 25 DeGarmo Hills Rd. W.F. June Rose, Old Hopewell Rd. W.F. Dagney Morley, Cedar Hill Rd. W.F. Imelda Evans, VanVoorhis Terr. W.F. Emma Gildersleeve, Ketchamtown Rd. W. ' Mary Conte, Cameli Dr. W.F. Vera Hamilton, Old Troy Rd. W.F. Jean Relyea, Hughsonville Elizabeth Hammond, Chelsea Mary Price, Chelsea Eleanor Parascandola, 4 Regency Dr. W.F. DEMOCRATIC ELECTION INSPECTORS - 1970 Donna Hannigan, Wappingers Trailer Pk. W.F. Eileen Weit, 7 Park Ave. W.F. Alma Berinato, 11 Prospect St. W.F. Mary Temple, Dutchess Terr. W.F. Margaret Fredericks, 53 Remsen Ave. W.F. Mary Sidote, 1 Adams St. W.F. Maureen Porter, 51 Robert Lane, W.F. Carol Powers, 27 Robert Lane, W.F. Melva Laffin, 15 Widmer Rd. W.F. Marilyn Schnorr, Barbara Dr. W.F. Pauline Egan, Diddell Rd. W.F. Adelaide Corbin, Diddell Rd. W.F. 3 121 7th Distr. 8th Distr. 9th Distr. 10th Distr. llth Distr. 12th Distr. 13th Distr. 14th Distr. Alternates Hattie Hannigan, Myers Corners Rd. W.F. Paula Brannen, Rt. 376, W.F. Edith Barbara, 93 Ardmore Dr. W.F. Eileen Fay, 1 Fenmore Dr. W.F. Dorothy Landolfi, 20 Wildwood Dr. W.F. Pat Kupris, Myers Corners Rd. W.F. June Scalzo, Scenic Garden Apts. W.F. Sylvia Gorin, 13 Liss Rd. W.F. Albina Medio, Scenic Garden Apts. W.F. Paul Franzoni, Rosewood Dr. W.F. Joseph DeNagy, 2 Fleetwood Dr. W.F. Catherine Loop, Hughsonville Helen Hildebrand, Marlorville Rd. W.F. Grace Pecheux, Hughsonville Eileen Farrell, Chelse Alice Wardell, South Ave. W.F. Audrey Trautwig Millie Corbin Priscilla Claire Viola O'Connor Rose Plew Virginia Keeler Norma Clark Seconded by: Councilman Clausen Motion Unanimously Carried A letter was received from Fred DeVivo, President of Scenic Apart- ments, Inc. requesting the Board pursue further the requests for a traffic light at the intersection of Route 9 with Scenic Drive. Mr. Diehl recommended that it be referred to Mr. Horton the High- way Superintendent to discuss the problem with Mr. DeVivo. It would seem that, since there was a closed entrance -exit on to New Hacken- sack Road, if this were to be opened up to the tenants as an exit, the problem would be alleviated. Mr. Mills noted that the reason it was not open was the fear that this road would be used as a short cut. Mr. Holt suggested "exit only" and "right turn only" signs be installed. Mr. Clausen suggested Mr. Horton also take a representative from the Village with him, as the Village has shown an interest in the traffic situation at this location also (possibly John Berinato.) 122 Mr. Karol Seleky, Cedar Knolls, had requested to discuss with the Board, the noise level pollution and how an ordinance could be passed to insure people not being subjected to noise above a certain decible. Mr. Seleky was not present for discussion, however, Mr. Diehl commented that this problem has arisen before, and as Mr. Ludewig had previously stated, he would need a man qualified to judge how much noise is unbearable, for, how good is a law without being equipped to enforce it. Mr. Mills also felt an ordinance of this type would be very difficult to enforce. Mr. Clausen commented on a conversation along these lines several years ago with Judge Bulger, an ordinance could regulate specific times when noise could be banned. Perhaps the Judges could help on this. Mr. Diehl referred this request for a Noise Ordinance to Mr. Holt and Mr. Mills. The Annual Audit of the Towns' accounts was submitted by Frank Manning for the fiscal year of 1969. MR. MILLS moved the Annual Audit, done by Mr. Manning by accepted and placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried The following recommendation was received from the Town Planning Board regarding John Magdalamy's petition for rezoning: June 8, 1970 Town Bbard Town of Wappinger Mill Street Wappingers Falls, N.Y. Re: Rezoning Request -Mr. John Magdalany, All Angels Hill Rd. & Myers Corners Road Gentlemen: In regard to Mr. Magdalany's request for rezoning, the Town of Wappinger Planning Board, at its June 1st meeting, unanimously voted to recommend against said rezoning request, because it constitutes a request for a "Spot Zoning." Yours very truly, s/ Robert Y. Heisler, Chairman Town of Wappinger Planning Board A second request from John Magdalany was also received. This was 123 a revision of his first request asking that only an acre, rather than the original two acres, be rezoned. MR. DIEHL moved that the amended request from Mr. Magdalany be referred to the Town Planning Board and the Dutchess County Depart- ment of Planning. Seconded by Mr. Clausen. Motion Unanimously Carried Recommendations were received from the Town Planning Board and the Dutchess County Department of Planning on the Wheeler Hill-Hughson- ville rezoning ordinance. MR. CLAUSEN moved these recommendations be received and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried A letter was received from the Planning Board regarding a proposed amendment to the sections of the Zoning Ordinance dealing with the regulations of signs they had submitted to the Town Board for review and consideration. The Planning Board would hope the Town Board will take this proposal into consideration soon. MR. CLAUSEN moved that the sign proposal be referred to Mr. Rappleyea to get together with Mr. Ludewig and the Town Planning Board. Seconded by Mr. Mills. Motion Unanimously Carried The Town Clerk notified the Board that she had been served with a Notice of Claim in the matter of Warren C. Edgar as administrator of the estate of Rhona S. Edgar, deceased, and Warren C. Edgar individually against the Town of Wappinger. MR. MILLS moved that the Notice of Claim of Warren C. Edgar be placed on file. Seconded by Mr. Clausen. Motion Unanimously Carried The Town Clerk so informed the Board that a Summons with complaint was served June 2, 1970, from Investors Collateral Corp. against the Town of Wappinger,Town Board of the Town of Wappinger, Louis D. Diehl, G. Donald Finnan, Louis C. Clausen, James Mills, jr. and Harry Holt, members of the Town Board of the Town of Wappinger. 24 MR. CLAUSEN moved that the Summons & Complaint be received and turned over to Allan E. Rappleyea, Attorney, to answer in behalf of the Town of Wappinger. Seconded by Mr. Mills. Motion Unanimously Carried Mr. Diehl noted that the Rev. Robert MacGill was leaving Wappinger, creating a vacancy on the Narcotics Council. MR. FINNAN moved that the Rev. Alexander Choate be appointed to fill the vacancy on the Narcotics Council created by the transfer of the Rev. MacGill. SEconded by Mr. Clausen. Motion Unanimously Carried MR. DIEHL moved that the Town Clerk be directed to write a letter of appreciation to the Rev. Robert MacGill, conveying the Town Board's thanks for his service in the community and his service to the Town on the Narcotics Council. Seconded by Mr. Mills. Motion Unanimously Carried A recommendation was received from the Dutchess County Department of Planning regarding the rezoning of the Palmatier property (Palmatier-Gumpert Route 9). MR. MILLS moved the recommendation be received and placed on file Seconded by Mr. Finnan. Motion Unanimously Carried An Ordinance requiring license for sale of merchandise by Hawking and Peddling was presented to the Board by the Attorney to the Town. There was discussion as to the exception of periodicals in the first section of the Ordinance, the opinion being that this should not be an exception. MR. MILLS moved the Ordinance for Peddlers License be tabled. Seconded by Mr. Clausen. Motion Unanimously Carried Mr. Clausen reported on Mrs. Hauschs' problem of the use of the entrance into Reese Park next to her property. He mentioned he had spoken with Hugh J. Maurer, Chairman of the Recreation Commission, and he had no objection to the Town putting up posts in the right of way to the park to prevent cars or motorcycles from using the entrance 125 on Route 9D. The Highway Superintendent has agreed that he would place the posts in providing the attorney agreed it was legal to do so. MR. CLAUSEN moved that the Highway Superintendent block off the entrance to Reese Park on Route 9D, by installing two posts, or whatever it required, to prohibit any motor vehicles from using this entrance. Seconded by Mr. Holt. Motion Unanimously Carried Mr. Clausen requested the Town Clerk to write to Mrs. Hausch informing her of the action of the Board. A letter had been received by Supervisor Diehl from Domenico Napoleon, Chairman of the Village of Wappingers Falls, Municipal Building Committee, inviting a member of the Town Board to attend a meeting of the Villages' Building Committee June 22, 1970. The Village, at this time, would like to discuss the possibility of a joint building venture with the Town. Mr. Diehl designated Mr. Holt to represent the Town at the Villages' Building Committee meeting, and added that any other Board member was welcome to attend if they wished. A Local Law relating to a Code of Ethics and a Board of Ethics for the Town of Wappinger was placed before the Board. Mr. Mills stated that he had read the Code of Ethics as proposed by the Attorney, and felt they were basically the same set of ground rules as has been proposed by the State and is in general concurrance with them. MR. MILLS moved the Local Law Relating to a Code of Ethics be accepted and placed on file. Seconded by Mr. Finnan. Motion Unanimously Carried MR. MILLS moved that a Public Hearing be set lar July 13, 1970, at 7:00 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York on the proposed Local Law Relating to a Code of Ethics and a Bard of Ethics for the Town of Wappinger, at which time all interested persons will be heard. Seconded by Mr. Finnan. Motion Unanimously Carried 126 Mr. Diehl reported that stickers for pick-up trucks for the Landfill were now available in the Town Clerk's office. These stickers are for residents of the Town of Wappinger, Village of Wappingers Falls, Town of Poughkeepsie and City of Poughkeepsie for the private use of their pickup to haul to the Landfill - cost will be $1.00. Mr. Clausen asked if any notification had come from the State regarding the Towns' request for a 35 MPH speed limit on Myers Corners Road. (There had been none.) He then asked if the Town Clerk would write to the State requesting the status of the Towns' request. An Ordinance Requiring Driveway Permits and Establishing Proceedures for the issuance thereof was placed before the Board for their con- sideration. A Public Hearing had been duly held on June 8, 1970 at 7:30 P.M. (Affidavits of Posting and Publication, duly signed and notarized, had been submitted for the record at the time of the Public Hearing.) ORDINANCE REQUIRING DRIVEWAY PERMITS AND ESTABLISHING PROCEDURES FOR THE ISSUANCE THEREOF The following Ordinance was introduced by COUNCILMAN MILLS who moved its adoption: BE IT ENACTED by the Town Board of the Town of Wappinger, as follows: Section 1. Legislative intent. The current practice in the Town of Wappinger is to provide for public street dedication, which said streets are to be at least 50 feet in width. Said streets are generally paved to an extent averaging 28 feet in width thus requiring many property owners to extend their drive- ways over the public highway to the paved portion of said road- way. As a result of the aforementioned, it often happens that in the installation of private driveways it causes interference with or damage to the public highway. In order to insure the proper maintenance of town highways, all driveways must be installed and maintained in accordance with standards established by the Ordinance and a permit issued by the Town Highway Super- intendent prior to its installation or prior to any repair thereof which will change the character of said driveway. Section 2. No person shall install or construct a private driveway with access on a public street without first obtaining a permit from the Town Highway Superintendent. L 127 Section 3. Prior to the installation or the repair of any portion of a private driveway at the point which said driveway enters the public highway of the Town of Wappinger, the owner or agent making said installation or repairs shall apply to the Town Superintendent of Highways for a driveway permit on written forms provided by the Highway Superintendent. Section 4. Upon the receipt of said application the Highway Superintendent shall make a physical examination of the proposed driveway and shall determine whether or not the proposed location of said driveway and the width thereof are in keeping with the proper maintenance of town highways and he may thereafter issue a written approval of said driveway setting forth the width thereof and the nature of any improvements required. Section 5. The Superintendent of Highways may deny an applica- tion for a driveway permit in the event he determines that the proposed location or manner of construction will cause damage to the public highway or in the event he determines that the location of said driveway or manner of said construction will cause a safety hazard to those traveling on the said public highway. Section 6. Upon the receipt of the written approval of the Highway Superintendent, the owner or agent may proceed to install said driveway in accordance with said approval and shall thereafter not deviate from the terms of said approval without further applica- tion to the Town Superintendent. Section 7. The Town Highway Superintendent is hereby authorized to remove any driveways within the public right-of-way which do not conform to the specifications as set forth in any permit granted to the agent or the owner or any driveways for which a permit has not been granted. Section 8. A person who shall violate the provisions of this Ordinance shall be guilty of an unclassified offense and upon convict -ion thereof may be fined a sum not to exceed $10.00 for each violation. Each day that the violation shall continue shall be deemed a separate offense. Section 9. This Ordinance shall take effect immediately upon adoption, posting and publication as provided by Town Law. Seconded by: Councilman Clausen Motion Unanimously Carried The matter of the rezoning of the RD -20 area in Hughsonville was placed before the Board, as a Public Hearing had been duly held May 25, 1970. Recommendations had also been received from. the Town Planning Board and the Dutchess County Department of Planning. MR. CLAUSEN moved that the rezoning question be tabled. Seconded by Mr. Mills. Motion Unanimously Carried The following resolution was offered by COUNCILMAN MILLS who moved its adoption: WHEREAS, the Town of Wappinger is reconstructing portions:'of Spook Hill Road in the Town of Wappinger, and 128 WHEREAS, it is necessary to purchase portions of property from abutting owners, NOW, THEREFORE be it RESOLVED, that the Supervisor is authorized to execute a contract of purchase on behalf of the Town of Wappinger of lands from Louis Eck, Bessie toffee, and Louis Elkies for a portion of lands along Spook Hill Road for the purchase price of $1,500.00 a copy of which contract is attached hereto and made part hereof, and the Supervisor is further authorized and directed to complete said contract and to pay to the said grantors the said sum of $1,500.00 upon the delivery of a deed to said parcel to the Town of Wappinger. Seconded by: Councilman Finnan Roll Call Vote: 5 Ayes (The agreement attached to the above resolution between Louis Eck, Bessie Joffee, and Louis Elkies, to be filed with the Deeds.) The following resolution was offered by COUNCILMAN MILLS who moved its adoption. WHEREAS, the Town Board of the Town of Wappinger had previously approved of a contribution by three developers in the Rockingham Sewer District which said contributions were in the following amounts: 1. Edge Hill Manor, Inc. 2. Opalo Realty Corp. 3. Angel Brook Corp. $25,000.00 25,000.00 25,000.00 WHEREAS, said payments were later placed upon an installment basis and were made as each certificate of occupancy was issued, and WHEREAS, substantial portions WHEREAS, said developers were lines in each area owned by it and necessary, and of said payments to construct the such trunk sewer were made, and lateral sewer lines as WHEREAS, a survey of infiltration of said lines has been conducted indicating that certain repairs are necessary and WHEREAS, the obligation to make repairs to said lines was also upon Rockingham Farms, Inc., (Schoomaker Brothers Inc.) NOW, THEREFORE BE IT RESOLVED 1. That the aforementioned payments of $25,000.00 by each of the three aforementioned developers stall be made forthwith and the Building Inspector is hereby authorized and directed to take such steps as necessary to compel such payment to be completed by each of said developers including but not limited to the denial of building permits, certificate of occupancy, or the granting of permits to connect to the Rockingham Sewer Plant and be it further RESOLVED, that all necessary repairs to the aforesaid sewer lines shall be made by all developers in the Rockingham Sewer District by July 15, 1970, and the lines shall be deeded to the District within 30 days thereafter and such conveyance shall be accompanied by a certification by a licensed professional engineer I/ 729 and the developer that said lines are free of infiltration and are installed in accordance with good engineering and construction practices together with and as built survey by a licenses pro- fessional engineer. Seconded by: Councilman Holt Roll Call Vote: 5 Ayes Mr. Rappleyea, by way of explanation on the above resolution, commented that the amounts stated to be paid by each developer might not be exactly $25,000.00, it may be somewhere between $24,000.00 and $25,000.00. It is his opinion the amount should stand as read, and if it develops that the amount is less, it can be amended at a later date. Mrs. Alsdorf, Town Historian, was congratulated by the Board for having been elected President of the Dutchess County Historians' Association. The following letter was received from Rudolph Lapar: June 8, 1970 Town Board Town of Wappinger Town Hall Mill Street Wappingers Falls, N.Y. Re: Dams and Ponds at the Chelsea Ridge Apartment Sites Gentlemen: As per your request my office, by use of the authority of Mr. Ludewig's office, has made field measurements in the areas of the two (2) ponds of Chelsea Ridge Apartments, Inc. The results are as follows: Lower Pond Field measurements show that the cellar floor of Mr. Rosmilso's house if 1.98 feet below the pond. However, an outlet pipe below the dam and apparently coming from Mr. Rosmilso's house is more the 2 feet below his cellar floor. Upper Pond Field measurements of the upper dam show that the developer, Chelsea Ridge Apartments, has left the pond in its pre -development configuration. The openings in the dam are in accordance with the approved plans of the Town Planning Board. The water level in the pond is below the lowest measured portion of Mr. Costa's property. I recommenda permanent establishment of existing sluiceway elevations. 1 11111 111 1111111 11 1 11 111 1111 1111 Y 130 Additional Information. Reference Material: 1. Soil Survey-Dutchess County, N.Y. Series 1939 No. 23 issued December 1955 published by the U.S. Department of Agriculture, Soil Conservation Service specifically: Map #18 and Page #96 The above references indicate that the Areas of Chelsea Ridge's pond #1 and pond #2 are classified as Mansfield silt loam. These areas are wel except where ditched or otherwise drained. The blue as indicated on Map 18 shows natural ponding or areas under water. The above reference material is available in the office of the Building Inspector or in my office. Very truly yours, s/ Rudolph E. Lapar MR. CLAUSEN moved Mr. Lapars' report be received and placed on file, discussion tabled until the July Regular Meeting. Seconded by Mr. Mills. Motion Unanimously carried - Mr.Bisom asked if the Highway Committee would give a report on the status of the request for speed limits on Myers Corners Raid. Mr. Diehl answered that Mr. Clausen, just previously had requested a letter of inquiry be sent to the State, that there was nothing else to report at this time. Mr. Bisom then inquired about the Builders Lawsuits, and the suit against individuals that are being sued for a million dollars. How are the legal fees going to be paid, is the Town going to pay for them? Mr. Rappleyea stated that the defense of any Town legal business is a Town charge, and as that the defense of these suits have been given to him, it will be paid for, he assumes, by the Town. As for the suit against the individual members, that has been given to him by each of the Town Board members. He has made an appropriate motion, and has the matter under advisement as to whether or not it is legal. It is his opinion, in this particular case, the charge that is levied against the Town Board members is that they, acting in their legislative capacity as members of the Town Board, permformed a certain act, which the plaintiff claims damage. And, /3 L 131 in view of the fact the only claim that is made is, that the Town Board acted in their legislative capacity, that it is not only fair that the Town pay for any charges for the defense of the suit, but he also believes that the Town has an obligation to defend the charges, obviously arising out of the performance of the Board's duties. Discussion continued with questions from Mr. Lafko as to the legality of Mr. Rappleyea's interpretations and whether Mr. Rappleyea had avised the Board prior to their taking action. Mr. Bisom, thanking the Planning Board for their common sense in their recommendations against rezoning the RD -20 & RD -40 area (Chelsea-Hughsonville Area). Mr. Cornell commented that in the New York State Zoning Law, it states that the governing body shall rule in favor of the property owner. Mr. Rappleyea asked Mr. Cornell what section he was quoting as he was not familiar with this. Mr. Rappleyea then read Article 16 Section 261 of Town Law, indicating that this was the basis for decisions. Mr. Eck brought up the North Wappinger Sewer Improvement again, saying that it could still be alive. He reminded the Board that last month he had made a recommendation as to how the Improvement could go through without the Rockingham Farm Sewer District. Why has the North Wappinger Sewer Improvement been dropped, and the Town is going instead into the South_Wappinger area, and what about the developer who owns the Spook Hill property that has been waiting four years for the sewer district to become a reality. Under new business, Mr. Holt brought up the voting districts, noting a number of them were oversized, and some thought should be given to dividing them again. Mr. Diehl referred the matter of investigating the possibilities and recommendations of dividing the voting districts to the Miscel- laneous Committee, Messrs. Holt and Mills. Mr. Mills asked the news media present if more publicity could be given to the illegality of unlicenses mini bikes and go-carts 13 2. being driven on the roads. They create a hazard in traffic and are dangerous besides. MR. CLAUSEN moved for a ten minute recess, seconded by Mr. Mills and carred. Recess at 10:00 P.M. Supervisor Diehl called the meeting back to order at 10:25 P.M. Mr. Clausen, with regard to water and sewer districts, stated that it has been the plan of the Town to eventually develop sewer and water facilities municipally and the Board has asked the En- gineer figuratively to ask for option prices of any private water company within the Town, and he would like to ask again, since the Town has only received one. MR. CLAUSEN moved that the Town Board make another request to any owners of private water companies, within the Town, to submit an option price to the Town Board, befause the Board is interested in obtaining water companies. Seconded by Mr. Mills. Motion Unanimously Carried Dr. Daniel Hannigan had directed the following letter to the Town Board: Recreational facilities are needed now and will be even more so in the future. The pepiole..in this district have stated that they can not afford to buy land for this purpose. When recreational parcels are purdhased they are, as a rule, inaccessible to the majority of the people. The school district owns many acres of land that are not used, but which were unavoidably purchased. These acres are well distri- buted throughout the district. They are naturals for parks, picnic areas, tennis courts, etc. The school district also owns the most well distributed gym- nasium complex that can be imagined. Besides the gyms there are the tracks and the ball fields. The logical thing is for the residents of the school district to use what they already own for the recreation that they require. The costs of developing the presently unused portbns of school district property would be assumed by the towns involved. The schools would not lose the availability of its existing facilities or of the new ones. They will actually end up with more facilities. The involved towns, not having to purchase property for recreational purposes, will have extra money with which to construct tennis courts, swimming pools, etc. Users of these facilities, especially the indoor ones and the specialized outdoor ones, would be expected to pay an equitable fee. There would be no expense to the school district. If properly managed there would be only minor expense to the ipartici- pating towns for maintenance. 133 Administration of the project would at first be on a School Board -Volunteer -Town official basis. Eventually, I forsee the need for a paid administrator. I am sure there are disagreeable aspects of this plan. However, I feel certain that these are outweighted by the overall advantages of this concept. There would be a lessening of the feeling of "separateness" between the people and the Board of Education. The schools would become more a center of community life, there would be no need for community halls, and the support of the town recreation budgets would make the fees to various groups much more reason- able. Dr. Hannigan eleaborated on his letter by pointing out that the taxpayers had rejected an additional parcel of land for recreation- al use, and since the schools also were experiencing a difficulty with funds to put into recreational facilities, the school district and the Town might combine their resourses, the Town could certainly use more varied recreational facilities. If the plan he has could be used there wouldn't be any need for community ventures or purchas- ing any more land. He has already approached the School Board and the Recreation Commission with his idea and they seem to be in favor of it. He said it wouldn't be a completely free recreational facility for people, it would have to be worked on a paid basis - something like the cards issued by the Y. The whole idea to use the facilities that we have, without it having to cost the tax- payers of the town and school district any more money. We shouldn't have to duplicate recreational facilities. The Board and Mr. Rappleyea discussed the various possibilities of promoting this plan of Dr. Hannigan's. Mr. Clausen suggested forming a recreation committee of two of each from the Recreation Commission, Town Board, School Board with the Attorney to the Town and School Board Attorney and Dr. Hannigan to see what preliminary work can be done. Mr. Diehl stated that either (or both) Mr. Clausen and Mr. Finnan get together with Dr. Hannigan and the various boards, and get a meeting going. MR. MILLS moved the meeting be adjourned, seconded by Mr. Clausen, and unanimously carried. Meeting adjourned 10:40 P.M. (5301uu Elaine H. Snowden Town Clerk WARRANT Louis D. Diehl To , Supervisor Town of , County of Dutchesa , New York. The following claims, having been presented to the Town Board of the Town of Wappinger , and duly audited and allowed at a meeting thereof held on the 8th day of June , 19 70 , 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: Wappinger CLAIM NAME OF CLAIMANT AMOUNT FUND OR No. ALLOWED ACCOUNT 258 R.A.Williamson 50.00 1312 259 Rudolph E. Leper, P.B. 833.00 1UQ3 _p Rudolph E. Lapar, P.B. 2.00 1402 261 Carl Swenson 10.00 505 609 $62 Associated Hosp.Serv.N.Y. 167.13 1306 263 Custom Cleaning Cont. 125.00 264 Joseph E. Ludewig 17.80 265 Allan E. Rappleyea 266 John P. Holler 267 Francis Sherow 268 Ralph J. Scalzo 375.00 153.00 129.00 5.25 509 1402 1308 1408 506 908 269 Sloper-Willen Amb.Serv. 1933.33 1209 270 Frank C. Manning 1500.00 601 OTHER INFORMATION Landfill Operations at Cppy of large zoning map Rental -store voting machines 8 Lafayette P1.eiky 271 Wappingers Central Sch. 22.00 505 Use of Wapp.Junior HighCaf. 272 Williamson Law Book Co. 60.45 509 2011 Bast Main St.,Rochester,N.Y 273 Williamson Law Book Co. 5.57 707 274 The Beasley Agency, Inc. 44.00 1305 275 New York Planning Fed. 35.00 1207 301 South Allen St.,Albany,N.Y. 276 American Legion Post 427 300.00 1012 277 Open Space Institute 278 Reichardt Flag Shop 279 Xerox Corporation 280 R.J.Brooker Co.,Inc. 18.75 151.28 1122.74 12.00 509 1004 505 S44 Spring St., Wapp.Falls,N.Y. 143 Cannon St.,Pok.,N.Y. P.O.Box 2487,Church St.Station N.Y. 508 105 Dut.Turnpike,Pok.,N.Y. In Witness Whereof, I have hereunto set my hand and the Seal of the Town of Wappinger this 9th day of June 19 70 [SEAL] Town Clerk WARRANT To Louis Diehl , Supervisor Town of Kappinger , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of *swinger , and duly audited and allowed at a meeting thereof held on the 8th day of , 19 70 , in the amounts hereinafter respectively specified, and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized and directed to pay to each of the following claimants the amount allowed upon his claim as hereinafter stated: CLAIM NAME OF CLAIMANT AMOUNT FUND OR No. ALLOWED ACCOUNT 281 W and S.D.News 282 W And S.D.News 283 W and S.D.News 284 M and S.D.News 66.70 19.32 21.00 1307 1307 54.60 710 OTHER INFORMATION 20 East Main St.Wapp.?alls 285 Eijgleston 42.40 300 41 New Market St.,Pok.N.Y. 286 West Publishing Co. 21.00 710 170 Old Countay Rd.,Mineola,N.Y.` 287 Edelina Feebler 8.00 711 Apt.2 NN,Bldg.50,Ibperial Blvd.; 288 Vassar Bros. Hosp. • 7.115 710 Reade P1. Pok.,N.Y. 289 Marine Midland Nat'l Bk. 225.00 503 Wappingers Falls,N.Y. 151 "IrIONS <<`'to 4vee ".0c� �ti'� 290 Sykes,Galloway i Dikenan 125.00 1S SC 140 Brea ay, N.Y.N.Y.10005 291 State Ins.Fund 141.52 199 Church St.,N.Y.n.Y.10007 292 Vince's Oil Service 2.'..18 508 293 The Pendell Press 11.85 704 294 The Pendell Press 13.00 SC9 295 New York Telephone Co. 290.60 500 296 Lloyd Anderson, Jr. 4.40 1400 '27.96 503 297 Great Hear Spring Co 298 W Cosb's 299 Popper Electric Co. 300 Popper Eleactric Co. 301 Martin Leskow 302 Central Hudson Gas & El. 55.95 /1 2.50 7;0 8.60 308 38.50 308 12.68 SOQ 303 8.101 300 910 19 Computer Dr.E.Albany,N.Y. 12205 279 Main St., Pok.N.Y. In Witness Whereof, I have hereunto set my hand and the Seal of the Town o this 9th day of 'Rine , 19 70 [SEAL] ger Town Clerk To Louis...12, Diehl Town of Wappinger WARRANT The following claims, Wappinger , and , Supervisor , County of Etutcheas , New York. having been presented to the Town Board of the Town of duly audited and allowed at a meeting thereof held on the 8th day of JUfl8 , 19 70 , 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 304 Beacon Distributors 305 William J. Fredrickson 306 Hugh J. Maurer 307 Hudson Valley Building 308 k-1 Yonov "- 309 Williamson Law Book Co. AMOUNT ALLOWED 269.92 98.50 25.90 270.40 FUND OR ACCOUNT 1008 1002 1002 1002 1002 375.00 35.47 710 OTHER INFORMATION 472 Main Street, Beacon Maloney Rd.,Wapp.Falls,N.Y. Fishkill, N. Y. Box 335 123 Rombout Ave.,Beacon,N.Y. Hillside Lake Rd.Wapp.Falls 2011 East main St.Rochester,N.Y. In Witness Whereof, I have hereunto set my hand and the Seal of the Town of 9th 70 this ......... _....day of , 19 [SEAL] Town Clerk SPECIAL DISTRICTS WARRANT To Louis D. Diehl , Supervisor Town of Wappinger , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of Wappinger , and duly audited and allowed at a meeting thereof held on the 8th day of J , 19 70 , 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 OTHER INFORMATION 1510 - 10.73 66 Dean's Tire Mart 32.20 1511 - 10.73 813 Hain St., Pok.N. Y. 15zu - 10.74 67 Hach Chemical Cb., Inc. 755.61 1510- 251.87 1411- /41 A, Box 907, Ames, Iowa 204.48 1520- 251.87 _OR ctlyit174,1 Hudson Gas & Elec. 1511 69 Electric Service to (Cental Hudson Gas.& Elec.) Fleetwood Water Plant 106.91 1519 70 Central Hudson Gas & Elec. 75.58 1520 CBlec.Sarv.to Fleetwood Sewer Plant) 71 Sabia Service Statim 1 on 141A 72 Axton-Catota_Qmpapv 23.08 1509 North Haven. Conn. 73 Central Hudson Gas 6 Elev. 84.34 1509 74 " 117.34 1510 (Elec.SMrvice to Oakwood Sewer Plant) in Witness Whereof, I have hereunto set my hand and the Seal of the Town of WaPPinger this 9th day of June , 19 70 .73 ati,11„ Town Clerk [SEAL]