1967-09-05 SPM1= � di
�
A Special Meeting of the Town Board of the Town of Woppinger was held on Tuesday,
September 5; 1967, at the Town Hall, Mill St 'et, Wappingers Falls, New York.
Members Present:
Joseph Fulton, Supervisor
W| | |ian Bulger, Justice of the Peace
Vincent Froncese' Justice of the Peace
Louis C|ausen' Councilman
Lodis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Others Present:
Rudolph Lapar, Engineer to the Town
-Knud Clausen, Superintendent of Highways
Harold Reilly, Attorney to the Town
The Supervisor called the meeting to order at 9:09 and stated that as explained
on their notices the purpose of the meeting was to consider a proposal from
Harry Raker regarding the situation at Tall Trees, Section ll,
Mr. Francese requested that the record show that even though he was present
he would remove himself from the meeting at that time because of a matter pending
before his court.
Knud Clausen said they had a meeting in reference to cut off of building permits
and C.O.'s in Tall Trees Il. Harry Roker^ Mr. Tobin, a contractor, Mr. Lapar, Mr.
Ludewig and himself attended. Nothing was occomp|ismd at this meeting. Mr. Raker
then wrote the following letter to Knud Clausen.
August 30, 1967
Knud C\odsen
Department of Highways
Albany Post Road
Wappingers Falls, N.Y.
Re: Tall Trees 5ubdlvision= Section I[
Dear Mr~ Clausen:
We are writing this letter to confirm the understanding reached at a
moeting'he|d on August 29th, 1967, concerning Tall Trees, Subdivision, Section 2,
Town of Wappinger.
The following were present at the meeting:
Knud W. Clausen - Town Superintendent of Highways
Rudolph E. Lapar - Town Engineer
Joseph G. Ludewig - Building Inspector
Rodney Tobin - Road Contractor
Harry Raker - Home builder
Joseph D. Quinn, Jr.' Town Attorney and Joseph H. Fu|tonrTown Supervisor,
were contacted by telephone while this meeting was in progrosn.
Harry Raker, Inc., the oweiner of fourteen lots in Th|| Trees Subdivision,
Section 2, will do the following:
1. Hire a responsible contractor at its own cost and
expense to take immediate steps to shape up the roads in
said subdivision.
2. Maintain, until April 1, 1968v the said roads in a
reasonably safe and passable manner.
3. _lnsto|l culvert pipe under driveways of houses to be
built on lots now owned by Harry Raker, Inc., in said
subdivision.
4. Deposit with the town of Wappinger a certified check
in the sum of $2,000.00 to guarantee that the performance
to be returned to Harry Raker, Inc..
It is our understanding that the Town Board and other necessary offic-
ials of the Town Board, will lift the moratorium on Building Permits and Certif-
icates of Occupancy immediately following the acceptance of this proposal and
1. The contractor hired by Harry Raker, Inc. commends to
shape up the road.
2. Harry Raker, Inc. deposits the aforesaid certified $2,000.00
check with the Town of Wappinger.
-
If the building permits for lots owned byHarry Raker, Inc. are
issued prior to December 1, 1967, then Harry Raker, Inc. shall be responsible
for road maintenance until Such date as he shall convey title to all of such
lots for which building permits have been issued. No further building permits
shall be Issued lifter December 1, 1967 unless Harry Raker, Inc. shall agree to
continue maintenance of road until such.time as title to all of such lots has
been conveyed.
It is'understood that Certificates of Occupancy will be issued only
upon compliance with the Zoning Ordinance and Building Code of the Town of
Wappinger.
It is further understood that Certificates of Occupancy will be iss-
ued to Harry Raker, Inc. for the following Tots in Tall Trees Subdivision, Section
2, for which Building Permits have previously been issued: Lots Nos. 54, 61, 62
and 71.
It further understood that Building Permits will be issued to Harry
Raker, Inc. for the following lots in said Subdivision: Lots Nos. 49, 55, 56
64, 65, 66, 67, 68, 70 and 72.
If the foregoing is in accordance with your understanding of the
agreement reached at the above mentioned meeting, we would appreciate it if
you would note your approval on the copy of this letter which is enclosed.
Respectful1 yours,
s/ Harry Raker
cc: Rudolph E. Lapar
Joseph E. Ludewig
Rodney Tobin, Inc.
JoSeph D. Quinn, Jr.
Town Board, Town of Wappinger
Joseph H. Fulton
Mr. Fulton reminded the Board that the town is presently under litigation with
Angelo Williams, developer of this subdivision and he had no idea when this
litigation would be terminated. The only reason they were considering this
proposal was because of the time limit in fixing, the roads, once bad weather
set in they would have more problems. He had talked to Knud Clausen and Mr.
Raker's proposal was reasonable to him.
Mr. Knud Clausen, Superintendent of Highways accepted and recommended, that the
Board accept Mr. Raker's proposal provided he accepted the chbnges in Mr.
Quinn's letter which reads as follows:
Merrill S. Efforn, Esq.
Messrs. Effrom & Goldberg
303 Mill St.
Poughkeepsie, N.Y.
September 1, 1967
Res Tall Trees Subdivision, Section II
Town of Wappinger, Dutchess County, N.Y.
Developer, Brookhollow Builders, Inc. —
Bond No. 2234700
Dear Mr. Effron:
This is to acknowledge receipt of a zeros copy of letter directed
to the Superintendent of Highways of the Town of Wappinger by Harry Raker, Inc.
under date of August 30, 1967. The letter suggested terms and conditions upon
which officials of the Town of Wappinger are to issue building permits and
certificates of occupancy for construction in the above captioned subdivision
to the Raker Corp..
Kindly be advised that we have examined the contents of the letter
and -find that the terms and conditions set forth therein are satisfactory, with
the exception that the following changes and amendments should be made:
a. Item "2" on page I should be changed to read as follows:
Maintain, until April 1, 1968, the said roads in a safe and
passable condition, to the satisfaction of the Superintendent
of Highways of the Town of Wappinger.
b. Item "3" on page 2 should be changed to read as follows:
Install culvert pipe in compliance with Town of Wappinger
specifications under driveways leading to houses which have
been constructed or which are to be constructed upon lots now
or formerly owned, or to be acquired, by Harry Raker, Inc. in
said subdivision. Such pipes shall be installed in a manner
and at locations approved by the Superintendent of Highways.
c. Item "4" page 2 should be changed to read as follows:
Deposit with the Town of Wappinger -.a certified check, in amount.
of $2,000.00 to guarantee performance by Harry Raker, Inc. of
the obligation imposed upon such corporation by the terms and
provisions of this letter. If the Superintendent of Highways
shall determine that Harry Raker, Inc. is in default of performance
of such obligations, the proceeds of such check shall be deemed
forfeited and such proceeds shall be applied to the cost of road
maintenance in Section II, of the Tall Trees Subdivision. If
such obligations are performed .to the satisfaction of the Super—
intendent of Highways, the proceeds of such check shall be returned
to the depositor.
d. The workds ".upon the happening of the following events:" should
be added after the word "and" in the first sentence of the first
unnumbered.paragraph of page 2 of the Raker letter.
e. The.words "to bonafide residential, purchasers" should.,be
added after the word "issued" at the end of the first sentence
of the second unnumbered paragraph appearing on page 2 of the Raker
letter.
If the changes and amendments recommended in this letter are satis—
factory to the Raker corporation, kindly prepare.a new draft of proposal
letter incorporating the same.. Signed copies of the new draft should
be forwarded to the parties.. designatedfor receipt of carbon copies on the
first draft.
You are aware that the Town of Wappinger has previously notified the
corporate surety and the principals on the_ above captioned performance bond
that improvements have not been installed in the subject subdivision in com—
pliance with local regulations and the terms of the bond. For this reason,
we feel that the Town shoud be furnished with wrcitten statements from both
the surety__and.principals indicating their consent to the arrangement proposed
by the Raker corporation, Such statements must be furnished before Wappinger
officialscan accept the. proposal.:
Very.truly, yours,
• .s/ Joseph D. Quinn, Jr.
cc: Mr. Knud Clausen, Supt. of Highways
Town Board, Town of Wappinger
Hon. Joseph H. Fulton, Supervisor
Joseph- E. Ludewig, Building. Inspector
Mr. Robert L"Archevesque
Mrs. Regina M.urawsk.i
Continental Casualty Co.
6!-.
Mr. Bffron and Mr. Raker were asked if they wished to address the Board.
Mr.'Effron said he hadn't had a chance to discuss with Mr. Raker the suggest—
ed changes by Mr. Quinn.
A 10 minute recess was called to go into executive session at 9:35 P.M..
The meeting was called back to order at 10:18 P.M..
Mr. Effron was again asked if he wished to address the Board.
"Let us establish some ground rules", he said. This proposal was made not
because there is any legal obligation on the part of Harry Raker, Inc. It
is not his obligation but that of the developer or his bonding company. We
have been asked to assist in trying to get the bonding company to do something.
Mr. Fulton retorted that whether or not Mr. Raker had a responsibility, the
Town Board certainly did have one to the residents there and future residents
as to the safety of the roads.
Mr. Effron went on to say that Mr. Raker felt a responsibility, he Just
wanted to point out that they made this proposal on their own but not be—
cause they were bound to.
Mr. Bulger pointed out that "it was normal that responsibilitties and rights
are bouncing points on both sides of the fulcrum", but wanted to know if Mr.
Raker had the right to do what he proposed to do. "Whose property are we
talking about".
Mr. Effron answered that they were Town roads, though they may not be acc—
epted until some later date, when subdivision is'approved and the bond filed,
deeds are surrendered to the town. He felt the only thing that could be gained
from litigation was a•fee for both law firms concerned. Quinn & Reilly have
come up *4th modifications and we do not feel they are unreasonable and make
no objection except for the one part which is not part of the agreement and
that is the waivers required of Mr. Williams and the bonding company. They
are the Town Board's "Babies", not Mr. Raker's. We have been in touch with
Mr. Quinn and indicated to him we intend to cooperate, We cannot get any—
where with the bonding company, that will have to be up to the Town. We have
to move ahead, our money is tied up, sales at a standstill with no C. 0.'s
being issued.
Mr. Reilly, discussed the letter that they had sent to Mr. Effron and stated
that the Town Board had received a copy of it and in going over it had a few
added thoughts of their own.' One of them was that rather than to "commence
to shape up the roads" they would take "immediate steps to shape them,up."
Mr. Effron pointed out that was what the $2,000.00 was there for.
Discussion followed on the sum of $2,000.00 and what it was actually for.
Mr. L. Clausen's opinion was that Mr. Raker would do the 3 steps and as far
as winter maintenance and whatever had to be done after the 3 conditions were met
the $2,000.00 would cover, not prior to building permits but after they were issued.
Knud Clausen said the money would be put in escrow and to be used if Mr. Raker did
not fulfill his agreement by April 1, 1968.
We have to have certain conditions, Mr. L. Clausen said, we can't have 5 or 6
families move in while roads are passable and c.o.'s are issued and then have to
worry about plowing. We must be assured of winter maintenance.
Mr. Reilly wanted an amendment to Item #2 — they would agree to maintain roads
in safe and passable manner to the satisfaction of the Highway Superintendent
until April 1, 1968.
Mr. Raker reiterated that he was the one that offered the suggestion at the
previous meeting they would take care of roads during winter months and further
suggested the Town take it over and charge him so there would be no question as
to timing or how well the Job was done.
Mr. Bulger thought they should to this and enter into a contract with a qualified
individual and allow the Highway Superintendent to be the activating agent.
Mr. Raker agreed to all conditions with the exception of the last paragraph —
written statement from surety company and principals.
In executive session the Board expressed their feelings and if we are to promote
this proposal we have to ask for these waivers, Supervisor Fulton went on to
stipulate they wouldn't act without them. We will direct our attorneys to act
as quickly as possible. He asked that the record show this.
Mr. L. Clausen wanted to be assured that the attorneys would inspect the highways
specification and zoning ordinance and make sure everything agreed to herein was
not in violation.
Mr. Bulger questioned if the waivers could be obtained by Thursday but Mr. Reilly•
doubted it.
W. Fulton asked that the town Board be informed as soon as possible if they decided
to withdraw their proposal and Mr. Raker replied with the same statement, if the
Town Board did foresee withdrawing would they, too, inform him.
Motion made by Mr. Bulger and seconded by Mr. Clausen to adjourn the meeting.
Meeting adjourned at 11:05 P.M..
Elaine H. Snowden
Town Clerk
WARRANT
To Joseph H, Fulton , Supervisor
Town of Wappinger
Wappinger
, County of Dutchesx , 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
7tbday of September , 19.67., 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.
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
NAME OF CLAIMANT
(AMOUNT FUND OR
ALLOWED ACCOUNT
Judith A. Arkell 171.00
Williams Press, Inc.
99 N.Bway. Albany 8.25
Hudson Valley Bluepnt
29 Academv8t. Pok. 8,00
Great Bear Spring Co.
P.O.Box4111,Albanv 5.00
Roberts-Boice PaperCo
40 Cottage St. Pok 14,96
'thud Clausen 130.18
Central Hudson 3,68.25
Xerox Corp.
Rochester, N.Y. 96.72
New York Te1.Co. 257.15
New York Te1.Co. 21.30
Edward Thomoson Co. 6.00
Edward Thompson Co. 6,00
Campbell Press 15.00
Campbell Press 15.00
Quinn & Reilly
44 Cannon St, Pok, 500.00
OTHER INFORMATION
T.B. Town dlerk--B
T.B. TH&0 E
T.B.TH-A
T.B.TH&O-B
Nis c-Asc.Ttans.
T.B.TH&O-D
T.B.T,C.-C
T.B.TH&0-D
T.B.TB&Q=D
ro:420-4
8
T.B. PrntnR&Ad.All Depts.
T,B, Prntn_&Ad. All Dept.
T.B.-Attrnrs,
Quinn & Reilly 850. 0( T,B,-Attrn3js.
Quinn & Reilly 850.00 T.B.-Attrnjs.
Quinn & Reilly 2,565. T.B. Attnv .
Howard J. Walker 170,50 Misc.Exp.AZsoc,Tawns
.iuiui vi,J.mcas & bon
136 Murch St, Pok. 15.00 T, B. TH&O-D
aennis&CO. Inc.
251Main St.Buffalo 16.00 T.B. Print. All depts.
SlopeF ►illen Com.Amt-1,125, Misc.Awb.
W&SD News- 127.87 T.B. Print & Ad All
In Witness Whereof, _I have hereunto set my hand and the Seal of the Town of
this 7th day of Septe nber ,19----6-7
[SEAL]
depts.
Wappinger
Town Clerk
WARRANT
To Joseph H. Fulton
, Supervisor
Town of ............. , County of DutChe.&s. , New York.
The following claims, having been presented to the Town Board of the Town of
WappAnger , and duly audited and allowed at a meeting thereof held on the
7th day of September , 19 67 , 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.
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
NAME OF CLAIMANT
AMOUNT FUND OR
ALLOWED ACCOUNT
Verner Christensen 7.00
Shaker,Travis,&Quinn 18.75
Harry Straley 132.00
Lawyers Co-op.Publ.
LRochester 3, NY 10.00
473 Main St. Beacon
Pendell Press 53.60
Joseph Ludewig
OTHER INFORMATION
Assess -C
Oakwood (iter
Dog Warden -A
T.BTH60-E
T.B.TH60 P ntg.6Ad A11 Depts.
23.50 Part-ZVn.I4sp.Costs-C
Joseph Gutmann 41.80
Chief Electronics, In
14 No.Bridge St.Pok. 1 28.68
Custom Cleaning Conti 22.50
Assoc.Hosp.Serv. NY
10 Lexington Ave. - 131.59
quip. 2.70
41 New Market St.Pok 21111102
Eggleston Off,EI
Eggleston Off.Equip, 13.921
Richard G. Barger
New Hackensack Rd,
Rudolph 8, Leper
Richard G. Barger
John Buckle
14 Market S . W, F.
Williamson Law Bk.Bo.I
2011 MainSt.E 28.331
Rochester,
501,90
750,001
140.001
1 34.451
624 Dave Alexander
George Schlathaus
625 Myers Corners Rd.
626 Susan Baker
Myers Corners Rd,
300.00
Hudson Valley Bldg.
627 123 Ro®bout Ave.Matr 34.48
1980.001
1 22.001
rieaoon
Part -Twn,I*sp.Costs-C
T.B. T8d.0-
T.B,THiO-E
T.B,Ins.-D -
T,B. Assesars.-C
AMR.
T,B, Supr,-C
Recr,-B 1
T,B,Engin+ Serv,
T. B. THi0-E 1
Recr.-B
Recr.-A
Recr.-E
Recr, ,A
Youth A
Recr,-C
In Witness Whereof, I have -hereunto set my hand and the Seal of the Town of
this 7th. day of September , 19__C7
Town Clerk
[SEAL]
Wappinc er
WARRANT
To amteph. R.. , Supervisor
Town of wappinger , County of Dutcheas 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
7th day of September 19.67..., in the amounts hereinafter respectively specified, and
a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authorized
and directed to pay to each of the following claimants the amount allowed upon his claim as
hereinafter stated:
CLAIM NAME OF CLAIMANT
No.
John Biasotti
608 63 Brothers Rd.
Economy Handicrafts
629 Box 210 Little Meck
Ny
e Squirrels
630 c/o Veto Napolitano
Box 141, Valacia,NY
Tim Kowalaky
631 Elwell Junction Rd.
The Insites,c/o
632 Roger Higgins
South Ave. B.Falls
633 PAO Sand is Gravel
634 George S. Phillips
Beatrice Salyer
Rd06,Hpewell Rd.
Urey Hardware Co,
Dutchess Shong.Plaza
635
636
637 Urey Hardware Co.
638
639
640
641 E.C.C.
Axton -Cross Co.
Shelton,Conn
Central Hudson
P.O.Box 312 Pok.
E.C.C. inc.
R,D,1 Pishkill
AMOUNT
ALLOWED
400.00
FUND OR
ACCOUNT
Youth -A
114.69 Youth -B
50.00
Youth -B
29.00 Recr.-A
50.00 Youth -B
OTHER INFORMATION
J57,00 Recr,-Youth Dev.-B
22.50 Recr.-Youth_Dev.-A
28.00
5.30
54.71
97 • 50
142.36
494.50
494,50
Recr0-A
Recr E
Youth -B
OkwoOd Sewer Distr
070c.e. A -
Oakwood /az
Rockingham Sewer Distr.
Rockingham Sewer Distr,
In Witness Whereof, I have hereunto set my hand and the Seal of the Town of
this day of - ., 19
[SEAL]
Town Clerk