1967-07-07 RGM (adj)6 14
The Adjourned Meeting of the Town Board of the Town of Wappinger was held on Friday
evening, July 7, 1967 at the Town Hall, Mill Street, Wappingers Falls, N.Y..
Supervisor Fulton called the meeting to order at 10:28 P.M..
Present:
Joseph H. Fulton, Supervisor
William Bulger, Justice of the Peace
Vincent Francese, Justice of the Peace
Louis Clausen, Councilman
Louis Diehl, Councilman
Elaine H. Snowden, Town Clerk
Mr. Fulton opened ;by reviewing the situation, noting that the Board had been served
with a restraining order (by Carl Swenson, Cappy Construction Corp. and Carl Simone)
about 3 or 3:30 P.M. Wednesday. He had met with the Town's Attorney, Attorneys for
Cappy Construction Corp. and Mr. Swenson at 5 P.M. Thursday. At this meeting it was
pointed out by Mr. Fulton that the Town Board had previously set an Administrative
Hearing for July llth which the order would prevent. The outcome of these negotiations
was that "1. They would withdraw the litigation." "2. They will take down the barbed
wire fence, and put up a more suitable fence, - especially along the property lines -
(and that was being done today)"
113. 3.
Was that we (the Town) would allow them to
continue their mining operation, providing it was in an area that was outside, and
in our opinion, within the meaning and regulation of the Zoning Ordinance." These
conditions were brought back to the Board last night. The Board said "OK" so the next
day Mr. Fulton took them to Mr. Cunningham (Mr. Swenson's attorney) who in turn met with
his clients. The conditions were considered, and the wording of the third condition they
would agree to would be "that they pick a spot to continue their mining operations."
(They want to continue mining operations in a circular area, which includes the stone wall.)
Mr. Fulton was putting these new conditions before the Board to ask them if they would
accept them. He, personally, would not, as he felt that they wanted to continue mining
in a very critical area - subject to the interpretation of the Zoning Ordinance.
There was discussion between Mr. Fulton and Mr. Diehl regarding the chronological order
of negotiations, conditions, and presentations to the Board. Mr. Diehl concluded the
discussion by stating that he would like the advice of the Town's Attorneys:
Recess was called for 15 minutes at 10:35 P.M..
Meeting called back to order at 12:30 A.M..
Mr. Fulton addressed the Board, saying that counsel was now present, and he would like
to repeat the proposal that was made this afternoon - The 3 points are:
1. That both parties - Cappy Construction Corp. and Carl Swenson - would, under this
agreement, agree to remove their litigation, with prejudice.
2. They would agree to remove the barbed wire from the fence posts - and let the question
of type of fence abide with the Administrative Hearing.
3. That they would be allowed to mine gravel in an area which intersects within a distance
of 500 feet from the stone wall, as indicated on the map dividing an Al section from an
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R 20 section.
Mr. Francese mode o motion that if the offer is in existence or still exists, to discont-
inue litigation that is presently before the Supreme Court and if we can enter into an
agreement of stipulation with the parties in the litigation that we accept that offer
mndbbide by the rulings held as an outcome of our Administrative Hearing on the |/th
day of July.
Seconded by Mr. Clausen.
Roll Call Vote:
Louis Calusen Aye
Vincent Francese' Aye
William Bulger Nay
Louis Diehl Ave
Joseph Fulton Nay
Mr. Clausen moved to adjourn, seconded by Mr. Francese and Unanimously Carried.
Meeting adjourned at 12:38 A.M..
&
Elaine H. Snowden
Town Clerk