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1967-10-09 SPMFitt ADMINISTRATIVE HEARING, 8:00 P.M., Town Hall, Mill Street, Wappingers Falls, New York, October 9, 1967. An Administrative Hearing on the Carl Swenson Gravel Mining Permit was opened at 8:23 P.M. by Supervisor Fulton. Present: Joseph H. Fulton, Supervisor Vincent Francese, Justice of the Peace William Bulger, Justice of the Peace Louis Clausen, Councilman Louis Diehl, Councilman Elaine H. Snowden, Town Clerk Others Present: Rudolph Lapar, Engineer to the Town Joseph Ludewig, Building Inspector Joseph Quinn, Attorney to the Town Harold Reilly, Attorney to the Town Carl Swenson Edward V.K. Cunningham, Jr., Attorney for Mr. Swenson Mr. Fulton asked that Mr. Cunningham address the Board. Mr. Cunningham stated that Mr. §Menson had not received the papers until late yesterday afternoon (Sunday, October 8, 1967) and the perplexity of the matter was such that they wished to get some engineers together to appear before the Board, and it turned out that Barger & Russ were not available this evening. He then asked if the Board would grant them an adjournment for a period of time at the Boards pleasure. They would like to have 2 weeks, if possible. Mr. Francese asked Mr. Cunningham "in other words, you are submitting to the jurisdiction of the Administrative Hearing ?" Mr. Cunningham replied that they felt that the Hearing should be held, with some dispatch, if it was going to be held eventually, it might as well be at the con— venience of everybody, and he remarked that when the notice came out it recites almost all of the sections that are in the Ordinance, it's a fairly complex thing, and they would like to have an adjournment. Mr. Fulton called for a recess at 8:25 P.M.. Hearing resumed at 8:29 P.M.. Mr. Fulton, directed to Mr. Cunningham, stated that there were a few questions the Towns Attorney would like to ask him. Mr. Quinn: Mr. Cunningham, the main thing was, while a copy of the notice of this hearing was served on your firm, a copy was and should have been served on Mr. Swenson. Service was made on Sunday, on the sabbath, it was questionable. Now in considering your request for adjournment, I think this Town Board should also take into consideration whether there should be a re—service of Mr. Swenson or whether you people would consent to give us notice of appearance. Mr. Cunningham had no objection. Mr. Quinn: Then there will be no need for re—service, gentlemen. 110 Mr. Fulton asked if the Board had any other questions. There were none. Mr. Fulton: Mr. Cunningham, it is the unanimous decision of the Board that we won't go as far as 2 weeks, we would like to set the Hearing on the 19th of October — nine days from now. Mr. Cunningham accepted the date, and thanked the Board. Mr. Clausen moved that the Administrative Hearing be adjourned until 8:00 P.M. Thursday, October 19, 1967. Seconded by Mr. Francese. Motion unanimously carried. Administrative Hearing adjourned at 8:42 P.M.. Elaine H. Snowden Town Clerk