Loading...
1966-07-07 RGMThe Regular Meeting of the Town Board, Town of Wappinger, was held on Thursday evensng, July 7, 1966, at the Town Hall, Mill Street, Wappingers Falls, New York. Present: Joseph H. Fulton — Supervisor Louis D. Diehl — Councilman Louis C. Clausen — Councilman Absent: None Others Present: Joseph D. Quinn — Attorney Harold H. Reilly — Attorney Vincent C. Kelley — Engineer 166 Vincent S. Francese — Justice of the Peace William J. Bulger — Justice of the Peace Elaine H. Snowden -- Town Clerk Joseph E. Ludewig — Building Inspector Knud Clausen •- Highway Superintendent The Meeting was called to order at 7:55 P. M. Public hearing on the application of Beatrice Irving for rezoning of a parcel of her property on Hopewell Junction Road (3.424 acres) was opened. Petition as follows was read by the Clerk: STATE OF NEW YORK COUNTY OF DUTCHESS: TOWN OF WAPPINGER In the matter of the Application of BEATRICE IRVING, owner of real property situated in the Town of Wappinger, Dutchess County, New York, to the TOWN BOARD of the Town of Wappinger, Dutchess County, New York, for a change in zoning of premises situated in said Township and herein described. TO THE TOWN BOARD OF THE TOWN OF WAPPINGER: The undersigned, owner of real property situated in the Town of Wmppinger, Dutchess County, New York, which same is more particularly described in Schedule "A: hereunto attached, and which same is presently zoned.M—D 20, Optional Dwelling Residential District", respectfully requests the Town Board of the Town of Wappinger, in accordance with the provisions of the Town Law of the State of New York, and the zoning ordindance of the Town of Wappinger, Dutchess County, New Yosrk, adopted January 29, 1963, as amended, to change, alter, amend and modify said zoning ordinance as it affects the premises of the Petitioner, and each and every part thereof, from "R—D 20, Optional Dwelling Residential District" to zoning classification "L—B, Local Business District", and to modify, amend, alter and change the zoning ordinance of the Town of Wappinger in conformity therewith, as well as the official zoning map of said Township filed in the Office of the Clerk of the Town of Wappinger, the amendment, change and alteration of which said map shall be in accordance with the request herein, and further, that the Town Board of the Town of Wappinger under— take to and perform each and every action necessary to re—zone said premises as herein requested. Dated: March 7, 1966 s/: Beatrice Irving The Board waived the reading of the technical description of the property. 1,671 Notice of public hearing was read by the clerk as follows: NOTICE OF PUBLIC HEARING ON PROPOSAL TO AMEND ZONING ORDINANCE NOTICE I:S HEREBY GIVEN THAT, pursuant to Section 265 of the Town Law, a Public Hearing will be held by the Town Board of the Town of Wappinger, Dutchess County, New York, at the Town Hall, Mill Street, Wappingers Falls, New York, on the 7th day of July, 1966 at 7:45 o'clock P.M. on that day, in the matter of the Application of Beatrice Irving to amend the zoning ordinance of the Town of Wappinger, by changing the lands herein described from "R—D 20, Optional Dwelling Residential District" to zoning classification "L—D, Local Business District". All that tract or parcel of land situated in the Town of Wappinger, County of Dutchess and State of New York, bounded and described as follows: BEGINNING at the intersection of the easterly line of lands of Beatrice Irving with the Southerly line of the New Hamburg Turnpike running from Hughsonvi1le to the Albany Post Road (Route 9) and running thenge with the Easterly line of lands of Beatrice Irving South thirteen (13) degrees thirty (30) minutes thirty (30) seconds East seven hundred twenty (720) feet; thence with line of lands formerly of Irving the following courses and distances North seventy three (73) degrees seventeen (17) minutes West two hundred forty (240) feet; thence North thirteen (13) degrees thirty (30) minutes thirty (30) seconds west seven hundred twenty (720) feet to said turnpike: thence with the southerly line of New Hamburg Turnpike the following courses' and distances South seventy two (72) degrees thirty three (33) minutes East ninety (90) feet; thence South seventy three (73) degrees forty three (43) minutes twenty (20) seconds East one hundred fifty (150) feet to the place of beginning Containing three and four hundred twenty four thousandths (3.424) acres of land. PLEASE TAKE FURTHER NOTICE that at the said time and place the Town Board will hear all persons wishing to speak in favor of the proposed amendment or in opposition thereto. BY ORDER OF THE TOWN BOARD Elaine H. Snowden TOWN CLERK The Chair asked if there were any present who are in favor of this petition. Mr. Russell Aldrich came before the Board representing Miss Irving. He asked for a motion to file affidavit of publication. A motion was made by Mr. Francese, seconded by Mr. Clausen to file the affidavit of publication. Motion Unanimously carried. Mr. Aldrich: The Application before you is to rezone a parcel of land 3.424 acres. It has been used since 1960 as a non—conforming use. The store is oper=ated by Arthur Dyson and his wife. Rezoning will permit an addition to building. It is presently zoned RD -20 which would permit multiple dwellings, and we anticipate will be surrounded by multiple dwellings. Lands to the east are likewise so zoned. In this area, this is a limited local business use. Last time it came before your Board for GB you were justified completely for refusing the application. This is for local busi— ness. There is a definite need. At least since 1960 this has historically been used as a local business. We therefore submit that this area should be rezoned. We feel that it is good planning �8. and judgement. We do not feel we will effect anyone in the immediate area. It will be a neighborhood grocery store, available to people on Albany Post Road, Wappinger Psrk and Hughsonvi1le. The residential area is not effected. We submit that the application should be granted, that it limits us to the highest title of coruriercial use and it adequate— ly protects the areas around it. Subject to Planning Board approval. Small building — 26 x 32, addition 30 x 40. We feel that it will be of service to this area and that the zoning ordinance and map of the Town of Wappinger should be amended to permit its use. Mr. Francese: For the record, would you clarify the relationship between Dyson and your client. Mr. Aldrich: All that 1 know is that Miss Irving is the landlord and the Dysons are the tenants. Mr. Clausen: Are we talking about limited use of just expanding the store? Mr. Aldrich: The back part of the property is low. The frontage is 150 x 90, 240 ft. deep. Obviously we can't put commercial back in the swamp. It is in the application. It was drawn that way because Miss Irving was advised by the Planning Board, or one of its members to do so. Mr. Diehl: It is just going to be an enlargement of the existing store? Mr. Aldrich: That is correct. Permits expansion of a non—conforming tse. We propose with this to perpetuate an existing use. Mr. Diehl: Mr. Ludewig, if this was rezoned, is there any way we can be sure that no other business can go in there? We are assuming now to only enlarge existing store. Mr. Ludewig: Land is sufficient to have three legal parcels. Local business zone requires 15,000 sq. ft. There is room enough for more business. Mr. Diehl: We could assume that up to three more stores could be added legally. Mr. Clausen: Could the Town Board approve rezoning with the condition that rezoning be limited to the expansion of the store only. Mr. Reilly: You couldn't rezone conditionally. Mr. Clausen: Is there any way we could grantrezoning with it written in the deed stating that no other buildings to be constructed on the property3 Mr. Aldrich: 1 am not going to say that she would be willing to do that. 169 Look of the map — they would be awfully small stores. Mr. Clausen: If there could be an arrangement mod* where this could be guaranteed, do you think your client would agree to such a thing? Mr. Aldrich: That is up to my client. Our assessments were raised. It is a fact that we submit to the Planning Board how it would be developed. Mr. Bulger: We would agree that the Planning Board can control how. You have stated your case based primarily on the expansion of this one particular store. Looking to the future we wonder about other uses to which the property might be subjected, that might be within the limits of local business. Mr. Aldrich: Presume that we would be agreeable to restriction on the depth of it. Put a restriction on the property ourselves. The rest of it is swamp. Mr. Quinn: This is what they call contract zoning. It could be done. Mr. Diehl: Do you s+i | | feel that there is room for other stores to be in there? Mr. Ludewig: In local business requires lot depth 100 ft. min. and width 50 ft min. Mr. Aldrich and Mr. Ludewig discussed with the Board the parcel of property and the possible ways in which it could be developed. Mr. Fulton: Anyone else to speak in favor? Mr. Bulger: The record should show the recommendation of the Planning Board. TheTown Clerk read the reconmendofion from the Planning Board as May 17, 1966 Town Board Town of Wappinger Mill Street Wappingers Falls, New York At the May 16, 1966 meeting of the Town of Woppingor Planning Board, the following action was taken. A motion was made by Robert Steinhaus, seconded by Dr. Harvey Miller, to recommend against the application of Beatrice Irving for the rezoning of a parcel of her property located on Hopewell Junction Road from RD -20 to LB for the following reasons: |. The layout of the parcel does not lend itself to good commercial use. 2. The proposed LB zone is not in accordance with the Town Development P|an, 3. The adjacent residential areas can be served by commercial properties at Hughsnnvi|\e and/or Route 9. Motion Unanimously Carried 1 '7 0 Yours very truly, s/ Susan J. Pike Susan J. Pike, Secretary Town of Wappinger Planning Board Mr. Fulton: Is there anyone present to speak against? Mr. Garren, 13 Seneca Lane, : I live in the development up from the store, right close to Route 9. I can't see any reason for the store being enlarged. Claims the land in back can't be used because it is swampy. Fill could be used. I don't see any reason why we need a bigger store there, it serves purposes for the people in the area. If you put a plaza in there it is not going to be good for the road or for the people. There will be more traffic. If he wants to make it a contract zoning I can see just enlarging the store. Bi11 Speedling, residing on Hopewell Road, : attended last hearing at which it came up for "general business". The Board said if they rezoned it for either "general business" or "local business", they could have no control over enlarging and more stores being added. I don't think anyone here would object to enlarging the store. Mr. Dyson is working under a hardship. I would like to go on record as being opposed to this move unless it is specified and restricted to the enlargement of that store, and nothing else. Mr. Francese: Does your property abut? Mr. Speedling: It does not. Mr. Bisom made his point about the other sm all non—conforming stores, suggesting the Board adopt a policy permitting 50% enlargement of these stores. He also asked Mr. Ludewig how many local stores there were before zoning. Mr. Ludewig answered about 40 non—conforming uses, not all local stores, though. George Leiberman, lives across the street from Dyson's store, — when they built the store I felt my property had certain value. Now I feel it is depreciated. We have to keep windows down on one side of my house all summer to keep dust out. I want to go on record that 1 am against it. Mr. Fulton: Anyone else to speak against? Walter Holtz, 4 Iroquois Drive, — Dyson should be allowed to have his store expanded and limited just to that. The Board consulted briefly with Mr. Quinn and Mr. Aldrich. Mr. Fulton: Adjourn this hearing until the next meeting night on the basis of the possibility of accepting a contract zoning for expansion of the store only. Mr. Garren: Now it is entirely up to the Board? Mr. Fulton: We are going to look at the possibility of a contractural restriction of the building. Mr. Speedling: Will you describe what contract zoning is. Mr. Fulton: It is a voluntary acceptance of conditions agreeable to the Board. It will restrict the owner of the land. Mr. Quinn: It will run with the property. This is a perfectly possible legal approach. Perfectly within the right of this Town Board in legislation any discretion to consider such a proposition. Mr. Fulton: Possibly restriction of enlargement of the store to a certain extent. It would have to be satisfactory to the Town Board. Mr. Quinn: The Town Board can impose any conditions they wish to if they approve the application. Mr. Bulger: The people are confused, I would like to straighten it out if I may. The substantial portion of the opposition to the proposed change in the zoning ordinance is by persons who feel that the rezoning would be used for purposes other than the enlarge— ment of the store in question. What we are trying to do is to come to an agreement with the landowner so that we may be sure, if we do grant the rezoning, only the enlarged store will be on the property. Question from the floor — Would it be necessary to use so much property? Mr. Quinn: There is an application before this Town Board. It is perfectly appropriate for the Board to act if it sees fit. If it sees fit it can deny the application, grant it in full, or make a change in the ordinance with respect to the property partially, or make a change in ordinance subject to certain conditions. The Board could impose any conditions that it wants within reason. In judging the facts, the Board will come up with what they feel is the best decision. Mr. Clausen, addressing Mr. Vandewinckel: After hearing the proposals tonight, is it your feeling that the Planning Board would still recommend to deny the request: Were you considering basically that it would be a shopping center? Mr. Vandewinckel: The best answer is the previous application — the Planning Board is on record as opposing the application. Motion was made by Mr. Clausen, seconded by Mr. Diehl, to close the 172 hearing, reserving decision. At 8:34 P.M. the hearing was closed. Open discussion from the floor was held until 9:22 P.M. Recess was held for five minutes. The meeting was reconvened by Supervisor Fulton at 9:42 P.M. The minutes of the June 2, 1966 Special Meeting, June 9, 1966 Regular Meetings, and June 16, 1966 Adjourned Meeting, as submitted by the Town Clerk be and they are hereby accepted on Motion of Mr. Bulger, seconded by Mr. Clausen. Motion Unanimously Carried. Bilis presented in following total amounts: General Fund Highway $10,059.04 19,405.79 Motion was made by Mr. Francese, seconded by Mr. Bulger, that the bills be paid subject to audit. Motion Unanimously Carried. The following reports of the Justices of the Peace were read: Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: During the month of June, 1966, 1 disposed of the following cases in Justice Court: Type Number Fines & Fees Collected motor vehicle 28 $320.00 civil 3 20.00 criminal 6 35.00 A total of $375.00 has been forwarded to the State Department of Audit and Control. I am holding $100.00 in bail pending motor vehicle case. Respectfully submitted, William J. Bulger Justice of the Peace Ordered Received and Placed on Record. Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: During the month of June, 1966, the activities listed below were handled in Justice Court: (i) |y motor vehicle cases handled showing $120.00 collected in fines. (2) 5 civil cases handled showing $11.50 collected in fees and and f i | inQ costs. (3) 2 criminal cases handled showing no monies collected. (4) $25.O0 bail is being held in my official bank account. Respectfully submitted, Vincent S. Froncese Justice of the Peace Ordered Received and Placed on Record. BUILDING INSPECTOR'S REPORT FOR THE MONTH OF JUNE 1966 Building Permits Issued For: 6 Single Family Dwellings 9 Residence Additions 2 Swimming Pools 2 Sewer Plants | Pump House | Gasoline Filling Station 21 Total Permits Issued for June Total Value of Construction $322,995.00 Total Fees Collected & Turned Over to the T own Clerk 276.50 Miles Traveled on Building Inspection by Deputy Building Inspector 305 Miles Traveled on Zoning & Building Inspection by Building Inspector 272 During the month of June, Certificates of Occupancy were issued for nineteen (19) single family dwellings, two (2) 8—unit apartment buildings, two (2) 12—unit apartment buildings, one (|) 3—unit apartment building, and one (1) conference center. Respectfully submitted, Joseph E. Ludewig Building & Zoning Inspector Ordered Received and Placed on Record. Mr. Swensen had requested to be on the agenda, regarding his application for a permit to mine gravel. Mr. Fulton: Has the Board read this application for Permit? Mr. Diehl: | would suggest making a change in it. We have (e), "Excavation shall occur only between the hours of 6:00 A.M. to 8:00 P.M., Monday through Saturday." This is too early to start, too late to end. 1 move that ,,permission be granted with change of hours to be "from 8:00 A.M. to 6:00 P.M., Monday through Friday". Mr, Quinn: Permission should be granted subject to several other conditions. Board, Engineer, and Counsel will be glad to contact Mr. Swensen's attorneys on this. 174 Mr. Diehl: I move to amend the permission to Mr. Swensen to include the following conditions: 1. Elevation and grade maps be submitted, suitable in form to the Town Engineer. 2. The operator be required to post a bond in an amount to be fixed by the Town Engineer, and approved by the Town Board, and approved as to form, content, and manner of execution, by Counsel to the Town. Mr. Fulton: I feel that possibly the law does require a public hearing. Mr. Quinn: I don't think a public hearing is required by the Ordinances at all. There is nothing to prevent the Board from holding such a hearing if it wishes to. Mr. Bulger: Do you think it might be advisable to elicit the feelings of the Planning Board before we act on this matter? Mr. Diehl: The stipulations that our attorney quoted, wouldn't this be in conjunction with the Planning Board? Mr. Quinn: This is a Town Board Perogative. Mr. Francese: It is my impression that Mr. Swensen has applied to the Planning Board and the Planning Board referred it directly to us. Mr. Swensen: No, I did not. It is not required. Motion was made by Mr. Bulger, seconded by Mr. Clausen to suspend the rules. Motion Unanimously Carried. Mr. Mills: Where is this gravel bank? Mr. Fulton: Just in back of Fernbrook Farms. Motion that rules be reapplied made by Mr. Bulger, seconded by Mr. Clausen. Motion Unanimously Carried. Mr. Diehl's Motion to grant permission to Mr. Swensen subject to the changes was seconded by Mr. Clausen. Roll Call Vote, 4 ayes, Mr. Fulton voting nay (for reason he thought there is a possibility a public hearing should be held on this). MONTHLY STATEMENT OF SUPERVISOR TO THE TOWN BOARD OF THE TOWN OF WAPPINGER RECEIPTS SOURCE AMOUNT RECEIVED JUNE, 1966 Town Clerk — Fees for May, General Fund Town Clerk — interest Fees Town Clerk — Refund for Petty Cash " $1,604.10 605.57 100.00 $2,309.67 Dutchess County --State Aid — Highway Fund f,357.50 ]� 75 - DISBURSEMENTS Fund or Account Amount Expended General Fund Highway Fund $12,051.17 30.995.18 Total $43,046.35 Signed: Joseph H. Fulton, Supervisor Ordered Received and Placed on Record. Resolution on adopting old roads was presented again to the Board. Mr. Fulton: These are recommended specifications — minimum standards and requirements — for acceptance of private streets and roads in the Town of Wappinger not located in subdivisions and developments. Motion was made by Mr. Diehl, that the following resolution be adopted. RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS FOR ACCEPTANCE OF PRIVATE STREETS AND ROADS IN THE TOWN OF WAPPINGER NOT LOCATED IN SUBDIVISIONS AND DEVELOPMENTS Proposed by: Councilman Diehl WHEREAS, the Superintendent of Highways of the Town of Wappinger has reported to this Town Board the fact that there are presently in existence several private streets and roads in the Town of Wappinger which have not been dedicated to and accepted by the said Superinten— dent of Highways and this Town Board as and for public streets and roads in this Town, and, WHEREAS, the said Superintendent of Highways and this Town Board have received; inquiries, petitions and jpplications from residents and taxpayers whose properties adjoin and abut said private streets and roads, requesting permission to offer dedication of the same to this municipal corporation, and, WHEREAS, the said Superintendent of Highways, this Town Board and the Engineer to this town have made inquiry into the subject matter and have determined that it may be in the best interests of this Town and of the residents and taxpayers thereof to accept dedica— tion of such private streets and roads under appropriate circumstances, and, WHEREAS, the Superintendent of Highways and the Engineer to the Town of Wappinger -have made a full and complete investigation of this general subject matter and have recommended to this Town Board that certain minimum standards and requirements for the acceptance of such private streets and roads be promulgated and established, NOW, THEREFORE, IT IS RESOLVED, that the following minimum standards and requirements for the acceptance of private streets and roads in the Town of 1 Wappinger, other than such private streets and roads located in newly created subdivisions and developments, be and they hereby are established as follows: I. All private streets and roads offered for dedication to the public use in the Town of Wappinger shall have a right of way fifty (50) feet in width. 2. The traveled portion of all private streets and roads offered for dedication shall be improved with a prepared and graded run—of—bank gravel base twenty (20) feet in width and twelve (12) inches in depth. � �� � � p ^~ 3. Culverts, drain pipes, catch basins and other storm water sewage facilities shall be installed in locations and in the manner required by the Superintendent of Highways of the Town of Wappinger and the Engineer to the Town of Wappinger. ' Cul—de—sacs, 4. �u|—Ue—socs, onU turning circles having a radius of |OO feet shall be installed when required by the Superintendent of Highways and the Engineer to the Town at such point and locations as may be indicated. 5. Storm sewage and drainage facilities shall be installed upon properties adjoining streets and roads to be dedicated whenever and wherever required by the Superintendent of Highways. 6. There shall be at least three dwelling houses of permanent construction abutting any private street or road offered for dedica— tion. Each of such dwellings shall be held in separate ownership, and each of such dwellings shall be occupied on a year—round basis. 7. Alignment of private streets and roads offered for dedication shall meet with the satisfaction of the Superintendent of Highways who shall have the right to prescribe any re—alignment of improvement required to eliminate hazardous conditions. 8. Temporary easements to serve cul—de—sacs and turning circles shall be granted whenever required by the Superintendent of Highways. A. Storm drainage easements in, over, under, through and upon abutting properties shall be granted when required by the Superin— tendent of Highways. Temporary construction easements and spoil areas shall be granted when required by the Superintendent of High— ways. |O. The Town Superintendent of Highways and the Town Board, in acting upon applications submitted pursuant to this resolution, shall have the right to accept any street in its entirety, or in part, and in this respect consideration shall be given to the number of residents occupying dwellings situate thereon as well. as to the quantity of unoccupied land which abuts a particular private street or road and which is available and suitable for subdivision and development. II. Grants of easements and deeds of dedication and similar instruments shall be presented upon request of the Town Board. Such instruments shall meet with the approval of counsel to the Town as to form, con— tents, description and manner of execution. 12. Title to lands or interests in lands granted and conveyed to the Town of Wappinger pursuant to this resolution shall be free and clear of all encumbrances excepting public utility easements. Instruments of title shall be accompanied by appropriate certificates of title executed by counsel admitted to the practice of law in the State of New York. In the event that counsel to the Town of Wappinger rs obliged to examine and certify title in this connection, the applicants, and not the Town, shall be responsible for the cost of such examination and certification. AND IT IS FURTHER RESOLVED, that applications and offers for the dedication of private streets and roads shall be made in writing by all fee owners of properties abutting the same, and such written applications shall be made in duplicate, one copy thereof to be submitted to the Town Board, and the other copy thereof to be sub— mitted to the Superintendent of Highways, and it is further RESOLVED, that each application and offer of dedication of private streets and roads shall be considered upon its own merits by the Town Board and the Town Superintendent of Highways, it being under— stood that such officials, in exercising discretion as to the grant— ing or denial of a particular application, shall have the right and privilege to consider the facts and circumstances of each applica— tion to be unique; and the acceptance of one particular private street or road shall not be deemed to establish a precedent for the acceptance of any other private street or road. Seconded by: Mr. Clausen Ayes: 5 Nay3 0 Carried: iwRRxR4x*966x July 7, 1968 Motion was made by Mr. Clausen to suspend rules, seconded by Mr. Bulger. Motion Unanimously Carried. Mr. Worona wished a clarification of the Resolution. Will it change road requirements? Mr. Quinn: It applies only to such private streets and roads which are not contained within new subdivisions or developments. There are roads that have never been accepted as Town Roads and never cared for by the Town. Mr. Worona: It does not apply to present subdivisions or proposed subdivisions? Mr. Quinn: No Motion to readopt rules made by Mr. Bu|Qer, seconded by Mr. Clausen. Motion Unanimously Carried. A proposed resolution was presented to the Town Board, to accept dedication of roads and performance Bond, for Edgehill Section | | |. Mr. Fulton questioned the provisions for avoiding situations such as dust and snow plowing. Discussion followed concerning the various possibilities of providing dust control, maintenance and plowing in the winter. If the roads are put in according to specifications, Mr. Kelley noted that the new road specs say, if the developer will sign a waiver, the Town will plow roads. In the event the developer chooses not to sign the waiver he will do the plowing himself. Mr. Francese noted that with the new specifications the Town won't run into poor road oondifions. With the new specifications there are all kinds of provisions. Mr. Kelley added that with the one sub— division running under new specifications, we have been quite successful. The situation could deteriorate, but it's not likely. Mr. Diehl, noting the stipulation for a certified check for $500 to be deposited with the Town, — it seems to me that this amount, in cases like this, is very small. Mr. Kelley: The whole subdivision comes to a halt if the money is used, and cannot continue until the situation is corrected and cash bond replaced. Mr. Bulger: If we are going to explore this particular area more thoroughly, we should not take any action on this resolution, or any others, until we decide how to straighten it out. Mr. Quinn: As far as these developments that are here tonight, there are certain areas that you are not going to preclude problem completely. The only thing | can do is to draft an agreement, for presentation to developers, asking them to execute, in which they waive every statutory right they have, and even this is not going to cover every situation. Frankly, in the past there has been a good deal of good faith given by the Town to developers, and in many circumstances, has been justified. You will never arrive at a completely satisfactory system unless you require them to install roads prior to construction of houses and stand by and be prepared to go in and repair the roads as heavy equipment ruins them. Mr. Kelley: In drawing up the road specifications, a year and a half ago, a good many of these problems were recognized, and to the best of my ability at the time, and the Board's ability at the time, we have had a good year to notice these. I don't know how far more the Board wants to go: Snow plowing is out — dust control, yes. My point is here, I don't think the Board ought to over—lap until we have had experience with the previous specifications. Mr. Fulton queried about developers who are almost finished with their building. How long would it take them to finish off the roads? Mr. Kelley (referring to Hickory Hill, within a year, or whenever half the houses are completed a surface has to be put on the road. Mr. Clausen: The developer in there claims that he is not under the new specifications. Mr. Quinn: He is very definitely under the new road specifications. If this developer wishes to be defiant, then perhaps we had better commence litigation. Motion was made by Mr. Bulger, seconded by Mr. Clausen, and unanimous— ly carried, to suspend the rules. Mr. Lafko offered a suggestion regarding a Town policy regarding snow plowing. Mr. Quinn: It is simply a question that there is a prohibition against snow plowing by the Highway Law and the constitution of New York. Constitition prohibits use of Town equipment to perform on private property. Motion made by Mr. Bulger, seconded by Mr. Clausen and unanimous— ly carried to resume the rules. Motion was made by Mr. Diehl, seconded by Mr. Clausen, to table resolution for Edgehill Section III. Roll Call Vote. Mr. Francese voted nay. 4 ayes. Resolution for performance bond of Rockingham Farms, was presented. Mr. Quinn: This Bond has been in existence for a year. There is a termed resolution on Section II of Wildwood, where bond was long ago accepted, but it is in an amount determined to be far more than justified. On Section 2A the same developer has posted and had approval on a bond for $32,000. With Schoonmaker a bond has already been placed with this Town for a year. This is to change the term of the Bond so that it becomes a 2 year bond from the time of approval. The Bond would expire next year under old terms. This would be an extension of the bond for period to begin from the 179 time of this approval. It has to do with the fact that a year ago the Town Board accepted $262,000 bond. Subsequent to this, they resub— mitted plot plan and agreed to perform certain conditions. The Bond has been amended to reflect those conditions. Term of the bond is being changed from "1965-1967 to 1966-1968". Mr. Bulger: What would be the validity of our accepting these bonds, subject to agreements which you may draw, which will pro— tect the Town from the conditions we have discussed this evening? Mr. Quinn: The Edgehill resolution is merely one for tentative approval of roads, subject to conditions including the posting of a bond. We may impose these additional conditions that you desire prior to accepting the bond. Mr. Bulger: Any additional restriction that we may determine can be put on at a later date regardless of whether or not we passed the resolution? Mr. Quinn: If the developer stands up tonight and states he will meet all agreements we impose. Mr. Bulger: Does the same thing hold on Rockingham? Mr. Quinn: The same thing holds on all of these except for possi— bly Cornell, where a reduction is being requested rather than acceptance of a bond. Things that you are speaking of tonight are not arbitrary. I am sure we will not be unreasonable,:. Mr. Reilly: The bonding company won't stand for additional change or additional conditions. Mr. Quinn: As far as the surety company is concerned the contract would be breached. It would be an amendment to the contract. Mr. Francese requested a 5 minute recess. Recess was not called. Mr. Quinn: Mr. Kelley just suggested that if you feel there should be a stop gap measure on these things, if you wish to, raise that certified check figure as a temporary measure to $1,500 or $2,000. What you are proposing at the table is sweeping. I don't see how it can be covered in a 24 hour period. Mr. Diehl moved that both of these resolutions be tabled, Edgehill and Rockingham, and set a meeting for next week. Mr. Francese: We do have a set of highway specifications. We have received assurance from the Engineer to the Town and Superintendent of Highways. These have all been through the Planning Board and covered by Engineer and Superintendent. They are presented here 180 in final form and for final action. I am opposed to the motion to table either one of these. Mr. Fulton: Despite the fact that all the coverage has been mentioned, the fact remains it has been established that the condition will still exist. Mr. Diehl: About the certified check, I still have a question on it. Mr. Francese: Town Engineer has already said this is an adequate amount. Mr. Clausen: A motion was passed to table Edgehill. We are dealing with Rockingham now, same principle applies. I second the motion to table this resolution. Mr. Bulger: What we are really talking about here is an amendment to the Highway specifications, in fact, rather than theory. The last time we adopted road specdfications we adopted them with an effective date that said that anyone who has had preliminary approval before this date will not be bound to the new specifica— tions. As I think about our discussion here tonight, for us to try to impose new regulations, I think it would be unfair and un— just to require them. We may run into some legal problems here as well. Mr. Knud Clausen felt that he has full control, and as the resolutions are adopted, he will be able to do a lot more in these subdivisions. We are changing ground rules at the last minute. Mr. Diehl withdrew his motion. Second withdrawn by Mr. Clausen. The following resolution was proposed for adoption by Mr. Bulger,seconded by Mr. Francese: RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AUTHORIZING AMENDMENT OF PERFORMANCE BOND POSTED ON CONNECTION WITH ROCKINGHAM FARMS SUBDIVISION WHEREAS, The Town Board of the Town of Wappinger did, by resolution duly adopted and entered in its corporate minutes on or about the 3rd day of June, 1965, approve and accept a performance bond in amount of $262,000.00 posted and tendered by Schoonmaker Bros., Inc., as principal, and Peerless Insurance Company, as surety, guaranteeing completion of improvements to the streets, roads and appurtenances to be constructed in the Rockingham Farms Subdivision in the Town of Wappinger, and WHEREAS, subsequent to the posting of the said bond, Schoonmaker Bros., Inc. caused the said subdivision maps to be revised and amended, and WHEREAS, the Planning Board of the Town of Wappinger did, on or about the 30th day of June, 1966, grant final approval of the subdivision plats known as "Rockingham Farms, Section 1" and "Rockingham Farms, Section 11", subject to certain conditions as set forth in their resolution granting final approval, and WHEREAS, the said Schoonmaker Bros., Inc. has made application to this Board, requesting that the proposed streets and partially constructed proposed streets known as Regency Drive, Lawn Place, Cloverdale Place, Carroll Drive, Scott Drive, Granger Place, Rowell Lane, Davies Drive, Doyle Drive, Craig Place, Belfour Drive, James Place, Dwyer Lane, Drew Court and Maxwell Place, located in the real estate subdivision, known as "Rockingham Farms, Section I" and 181 "Rockingham Farms, Section II", be accepted as and for public streets in the Town of Wappinger, and WHEREAS, the said Schoonmaker Bros., Inc. has further requested that it be permitted to amend the performance bond heretofore posted with the Town Board of this Town as aforesaid, and WHEREAS, the said Schoonmaker Bros., Inc. has further requested that this Board extend the time for completion of the aforesaid improvements from the 3rd day of June, 1967, until the 30th day of June, 1968, and WHEREAS, the Superintendent of Highways of the Town of Wappinger and the Engineer to the Town of Wappinger have consented to the requested amendment of the performance bond and extension of time for completion of improvements, and WHEREAS, there has been tendered to this Town Board a rider to the aforesaid performance bond in the amount of $262,000.00, poased by Schoonmaker Bros., Inc., as principal, and Peerless Insurance Company, as surety, saide rider being executed on the 30th day of June, 196B, and said rider being approved by Counsel to the Town of Wappinger, as to form, content, sufficiency of surety and manner of execution, and said rider guaranteeing completion of the aforesaid improvements within two years from the date of execution thereof, and WHEREAS, the said Schoonmaker Bros., Inc. has tendered to this Board a deed conveying and dedicating the said proposed streets to the Town of Wappinger as and for public streets, and WHEREAS, Schoonmaker Bros., Inc. has made provision for the construction and installation of a storm water drainage system with the appertaining drainage ditches and pipes, in the aforesaid subdivision, and WHEREAS, Schoonmaker Bros., Inc. has tendered and offered to the Town of Wappinger a grant of storm water drainage easements to be used in connection with the aforesaid drainage system, and WHEREAS, Schoonmaker Bros., Inc. has further tendered and offered to the Town of Wappinger a grant of lands to be used for recreational purposes and also a grant of lands to be used for sewerage disposal purposes, it is hereby RESOLVED, that the aforesaid rider to the performance bond tendered by Schoonmaker Bros., Inc. be and the same hereby is apporved and accepted by the Town Board as an amendment to the aforesaid bond previously posted and accpeted by this Board, and it is further RESOLVED, that the time for completion of the improvements to be constructed in the Rockingham Farms Subdivision be and the same is extended from June 3, 1967 until June 30, 1968, and it is further RESOLVED, that this Board does hereby accept the grant of lands to be used for recreational purposes and also the grant of lands to be used for sewerage disposal purposes and the deeds dedicating the same, and it is further RESOLVED, that this Board does hereby accept the proposed streets known as Regency Drive, Lawn Place, Cloverdale Place, Carroll Drive, Scott Drive, Granger Place, Rowell Lane, Davies Drive, Doyle Drive, Craig Place, Belfour Drive, James Place, Dwyer Lane, Drew Court and Maxwell Place and the deed dedicating the same, and it is further RESOLVED, that this Board does hereby accept dedication of the aforesaid streets and roads and. the grant of easements in the aforesaid residential sub— division, subject to compliance with the terms and conditions set forth in the resolution of this Board dated the 3rd day of June, 1965 accepting the roads in the Rockinham Farms Subdivision, and further subject to compliance with the conditions set forth in the resolution of the Planning Board of the Town of Wappinger giving final approval to the said subdivision plats entitled "Rockingham Farms, Section I" and Rockingham Farms, Section II", which resolution is dated the 30th day of June, 1966. Upon Roll Call Vote: Supervisor Joseph H. Fulton — Nay Bulger, Francese, Diehl and Clausen — Ayes Carried: July 7, 1966 Mr Bulger: I am pinfully aware of all the discussion which went into this subject. We have voted on Edgehill, Section 111. I would like to move that the vote tabling Edgehill Section 111 be rescinded.: Motion was seconded by Mr. Clausen. Motion Unanimously Carried Motion was made by Mr. Bulger, seconded by Mr. Clausen, to adopt the following resolution on Edgehill, Section III. RESOLUTION Town Board, Town of Wappinger, Dutchess County, New York WHEREAS, an application has been received by this Board from Edgehill Manor, Inc., requesting thatithe proposed streets and partially constructed proposed streets known as Vorndran Drive, Hilltop Drive, Deer Run, Namoth Road and Magura Drive, located in a real estate subdivision, on the northerly and easterly side of Pye Lane, in the Town of Wappinger, Dutchess County, New York, known as "Edgehill Manor Section III", be accepted as and for public streets in the Town of Wappinger, and WHEREAS, the said Edgehill Manor, Inc. has tendered to this Board a deed conveying and dedicating the said proposed streets to the Town of Wappinger as and for public streets, and WHEREAS, Edgehill Manor, Inc. has made provision for the construction and installation of a storm water drainage system with the appertaining drainage ditches and pipes, in the aforesaid subdivision, and WHEREAS, Edgehill Manor, Inc. has tendered and offered to the Town of Wappinger a grant of storm water drainage easements to be used in connection with the aforesaid drainage system, it is hereby RESOLVED, THAT THIS BOARD DOES hereby accept the proposed streets known as Vorndran Drive, Hilltop Drive, Deer Run, Namoth Road and Magura Drive and the deed dedicating the same, and it is further RESOLVED, that the said streets shall hereafter be public streets in the Town of. Wappinger known as Vorndran Drive, Hilltop Drive, Deer Run, Namoth Road and Magura Drive, and it is further RESOLVED, that this Board does hereby accept dedication of the afore— said streets and roads and the grant of easements in the aforementioned residential subdivision, subject to the following terms and conditions: FIRST: That Edgehill Manor, Inc. furnish to the Town Board of the Town of Wappinger a performance bond in the amount of $48,000.00 approved by the said Town Board, and by the Town Attorney and by the Superintendent of Highways of the Town of Wappinger as to amount, form, sufficiency of surety and manner of execution, insuring satisfactory completion of the aforesaid streets in said subdivision in accordance with the current minimum standard requirements for establishing roads in the said Town of Wappinger and in accordance with current specifications provided by the Superintendent of Highways of the Town of Wappinger and further insuring installation and completion of the storm water drainage system for said subdivision, the plan for which has been heretofore approved by the Town Superintendent of Highways and the Town Engineer, said work and improvements being subject to the final approval 1 83 of the Town Superintendent of Highways and the Town Engineer of the Town of Wappinger, and further insuring compliance with the conditions set forth in the resolution of the Planning Board of the Town of Wappinger giving final approval to the said subdivision plat. SECOND: That the Town of Wappinger assumes no responsibility for maintenance and repair, including the removal of snow, of and from said streets until the performance of the conditions mentioned in the aforementioned bond has been completed. THIRD: That a full covenant and warranty deed of dedication and the grant of storm sewer drainage easements be delivered to the Town of Wappinger subject to the approval by the Town Attorney as to the adequacy, substance and form of such instruments and that such instruments are accepted subject to an examination of title to the premises or rights conveyed thereby by the Town Attorney. FOURTH: That an attorney's certificate of title insuring title in said road shall be delivered and accepted by the Town Board. Upon Roll Call Vote: Supervisor Joseph H. Fulton — Nay Bulger, Francese, Diehl, Clausen — Ayes Carried: July 7, 1966 Mr. Bulger moved that the Board request attorneys to the Town Highway Superin— tendent, Engineer to the Town, explore deeply matters we have discussed on this particular subject of amending the road specs and make recommendations as to what we may do to wipe out these problems. Seconded by Mr. Francese. Motion Unanimously Carried Wildwood Forest resolution authorizing reduction in amount of performance bond posted in connection with Wildwood Forest, Section 2, Subdivision, was presented. Mr. Bulger; Failure to act on this bond reduction might result in court action to the detriment of the Town. 1 move to adopt the following resolution: Seconded by Mr. Francese. RESOLUTION, TOWN BOARD, TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, AUTHORIZING REDUCTION IN AMOUNT OF PERFORMANCE BOND POSTED IN CONNECTION WITH WILDWOOD FOREST, SECTION 2. SUBDIVISION WHEREAS, The Town Board of the Town of Wappinger did by resolution duly adopted and entered in its corporate minutes on or about the9th day of September, 1965, approve and accept a performance bond in the amount of $75,000.00 posted and tendered by Malcolm Cornell, Inc., as principal, and Peerless Insurance Company, as surety, guaranteeing completion of improvements to the streets, roads and appurtenances to be constructed in the Town of Wappinger, Dutchess County, New York, known as "Wildwood Forest, Section 2", and WHEREAS, the said bond posted by Malcolm Cornell, Inc. was in excess of the bond required to be posted by the Planning Board resolution approving the said plat, which resolution is dated August 26, 1965, and WHEREAS, it appears that the improvements to the streets, roads and appurte— nances, guaranteed by the said bond have been partially completed in accordance with the current standard requirements for establishing roads in the Town of Wappinger and in accordance with current specifications provided by the Superintendent of Highways of the Town of Wappinger, and 1 84 WHEREAS, an application has been received by this Board from Malcolm Cornell, Inc. requesting that the performance bonde heretofore posted with this Board insuring completion of the improvements in the subdivision known as "Wildwood Forest, Section 2", be reduced from the sum of $75,000.00 to the sum of $43,000.00, and WHEREAS, the Superintendent of Highways of the Town of Wappinger and the Engineer to the Town of Wappinger have reported to this Board that a bond of $43,000.00 is sufficient surety for the completion of the improvements to be made in the said sibdivision, and WHEREAS, the Superintendent of Highways of the Town of Wappinger and the Engineer to the Town of Wappinger have consented to the requested reduction in the amount of the said performance bond, and WHEREAS, the said Malcolm Cornell, .Inc. has requested that the proposed streets and partially constructed proposed streets known as Hearthstone Drive, Quarry Drive and MalstoCme Road located in the said subdivision be accepted as and for public streets in the Town of Wappinger, and WHEREAS, the said Malcolm Cornell, Inc. has tendered to this Board a deed conveying and dedicating the said proposed streets to the Town of Wappinger as and for public streets, and WHEREAS, Malcolm Cornell, Inc. has made provision for the construction and installation of a storm water drainage system with the appertaining drainage ditches and pipes, in the aforesaid subdivision, and WHEREAS, Malcolm Cornell, Inc. has tendered and offered to the Town of Wappinger a grant of storm water drainage easements to be used in connection with the aforesaid drainage system, it is hereby RESOLVED, that this Board does hereby grant the requested reduction in the amount of the bond insuring the completion of improvements in the aforesaid subdivision from the sum of $75,000.00 to to the sum of $43,000.00, and it is further RESOLVED, that this Board does hereby accept the proposed streets known as Hearthstone Drive, Quarry Drive and Malstflome Road and the deed dedicating the same, and it is further RESOLVED, that the said streets shall hereafter be public streets in the Town of Wappinger known as Heartstone Drive, Quarry Drive and Malstrome Road, and it is further RESOLVED, that this Board does hereby accept dedication of the aforesaid streets and roads and the grant of easements in the aforementioned residential subdivision subject to the following terms and conditions: FIRST That the performance bond in the amount of $43,000.00 shall insure satisfactory completion of the aforesaid streets in said sub- division in accordance with the current minimum standard requirements for establishing roads in the said Town of Wappinger and in accordance with current specifications provided by the Superintendent of Highways of the Town of Wappinger and further insuring installation and completion of the storm water drainage system for said subdivision, the plan for which has been heretofore approved by the Town Superintendent of Highways and the Town Engineer, said work and improvements being subject to the final approval of the Town Superin- tendent of Highways and the Town Engineer of the Town of Wappinger, and further insuring compliance with the conditions set forth in the resolution of the Planning Board of the Town of Wappinger giving -final approval to the said sub- division plat. SECOND: That the Town of Wappinger assumes no responsibility for maintenance and repair, including the removal of snow, of and from said streets until the performance of the conditions mentioned in the aforementioned bond has been completed. THIRD: That' a full convenant and warranty deed of dedication and the grant of storm sewer easements be delivered to the Town of Wappinger subject to the approval by the Town Attorney as to the adequacy, substance and form of such instruments and thatsuch -instruments are accepted subject to an examination of title to the premises or rights conveyed thereby by the Town Attorney. FOURTH: That an attorney's certificate of title insuring title in said road shall be delivered and accepted by the Town Board. Fulton, Bulger, Clausen, Francese - Ayes Mr. Diehl- Nay Mr. Diehl - I am opposed to reduction of the bond and therefore vote nay. Mr. Diehl proposed the following resolution regarding the neew for Medical Doctors in Wappingers Falls. 185 ' WHEREAS, the population in the Town of Wappinger, Dutchess County, New York, has increased 95.2 percent as markedly in the next decade; and WHEREAS, the number of medical doctors serving this present population of 12,000 persons is actually fewer than five years ago; and WHEREAS, all private attempts to secure the services of additional phy- sicians have so far been without result; therefore, BE IT RESOLVED that the Town Board of the Town of Wappinger, Dutchess County, New York, hereby urgently requests that the Governor of the State of New York, health officials of the State of New York, medical association directors, and other responsible persons of the State and Federal Governments take appropiate action to assist this community in obtaining the services of additional medical doctors; and BE IT FURTHER RESOLVED that names of prospectibe physicians be sent to the clerk of this Town Board for contact by local officials. Seconded by Mr. Clausen ROLL CALL VOTE: Supervisor Fulton - Aye Justice of the Peace Bulger - Aye Justice of the Peace Francese - Aye Councilman Diehl - Aye Councilman Clausen - Aye Mr. Diehl - I was inspired in Church Sunday by my parish priest when he spoke on this. Mr. Diehl: The one on the new light, I went with Mr. Ganci to see the location where the Tight is being requested. It is definitely in the lighting district, in Hughsonville on Ketchamtown Road. On the other two there is a revised cost. The reason it has gone up is merely that they were useing the cheapest light that was available. This is not made any longer and, therefore, it is moved up a grade. Motion was made by Mr. Diehl, seconded by Mr. Francese, to accept the resolutions of proposed modifications of street lighting within the Chelsea, Cameli Acres, and Hughsonville Lighting Districts: WHEREAS, the Central Hudson Gas & Electric Corporation has reviewed its street lighting standards and practices and proposes to revise the schedule of lamps offered to its customers and WHEREAS, the Central Hudson Gas & Electric Corporation has submitted a proposed modification of the agreement dated (September I, 1961) (September I, 1961) (December 1, 1961) for street lighting within the (Hughsonville) (Chelsea) (Cameli Acres) Lighting Districts which will enable it to effect said revision. NOW, THEREFORE, BE IT RESOLVED that the modifying agreement dated (April 1, 1966) (May 1, 1966)(May I, 1966) as submitted by the Central Hudson Gas & Electric Corporation be and is hereby approved, and it is further RESOLVED that Joseph H. Fulton, Supervisor, be and is hereby authorized to execute said agreemOnt on behalf of the Town of Wappinger Roll Call Vote: Supervisor Fulton - Aye Justice of the Peace Bulger - Aye Justice of the Peace Francese - Aye Councilman Diehl - Aye Councilman Clausen - Aye Mr. Diehl: Mr. Ganci of Central Hudson stated they would appreciate it if the Town Board would appoint a couple of people to work with Central Hudson. They would prefer members of the Board. Motion was made by Mr. Clausen that Mr. Bulger and Mr. Diehl be on a standing committee on lighting districts. Seconded by Mr. Francese. Motion Unanimously Carried. The Following recommendation was read from the Planning Board: June 24, 1966 Town Board Town of Wappinger Wappingers Falls, New York Gentlemen: 186 At the June 20, 1966 meeting of the Town of Wappinger Planning Board, the following action was taken: A motion was made by Robert Steinhaus, seconded by Einar Chrystie, to recommend to the Town Board that one—half of the fee of $334.00 paid on November 5, 1962, by Mr. Albin Carlson, to the Town of Wappinger, for subdivision of "All Angels Estates" be returned to Mr. Carlson, as provided for in the Town of Wappinger Subdivision Regulations. Motion Unanimously Carried Enclosed please find copies of the correspondence relating to this matter. Yours Very Truly, Susan J. Pike, Secretary Town of Wappinger Planning Board Motion was made by Mr. Francese, seconded by Mr. Bulger, to return half the fee to Mr. Albin Carlson ($167.00) as requested and recommended. Roll Cali Vote. Supervisor Fulton — Aye Justice of the Peace Bulger — Aye Justice of the Peace Francese — Aye Councilman Diehl — Aye Councilman Clausen — Aye The Following letter from the Planning Board was presented: June 24, 1966 Town Board Town of Wappinger Wappingers Falls, N.Y. Gentlemen: At the June 20, 1966 meeting of the Town of Wappinger Planning Board, the following action was taken: A motion was made by Dr. Harvey Miller, seconded by Einar Chrystie, to adopt the following resolution: WHEREAS, there is the need to review the Town Development Plan and Zoning Ordinance resulting from: (a) the heavy growth since the adoption of the Zoning ordinance, (b) the realignment of Route 9 in the Town of Wappinger, and (c) the proposed new limited access State highway, and WHEREAS, there is the need to have professional review of proposed site plans and subdivisions, and WHEREAS, the Planning Board has interviewed three (3) prospective consulting firms including: I. Raymond & May Associates, 2. Metcalf & Eddy Engineers, and 3. McCrosky & Reuter. IT IS RESOLVED THAT the Planning ffoard recommends to the Town Board the immediate contracting with Raymond & May Associates on a yearly retainer basis with such contract having the option of being renewed each calendar year. Motion Unanimously Carried Yours very truly, Susan J. Pike, Secretary Town of Wappinger Planning Board Mr. Fulton asked Mr. Vandevwinckel if it was a yearly contract they are recommending? Mr. Vandewinckej: We are proposing the Town have the ability to evaluate the services each year. It is to coincide with the budget year. The contract will be for the remainder of this year, renewable at the end of the year. I think that a point of sequence of order is that there has to be an agreeable contract between Raymond & May and the Town. The authority that would be appropriate would be the execution or the entering into such a contract by the Town Board. Mr. Diehl moved to accept Raymond & May for consultants, in accordance with the Planning Board recommendation, and empower the supervisor to enter into negoti— ations with Raymond & May, subject to legal counsel, and bring it before the Board for approval. Seconded by Mr. Bulger. Motion Unanimously Carried. Mr. Gindele's petition to accept his road was tabled at the last meeting and subsequently the Board received a letter from Mr. Stanley Ries, pertinent to this petition, and amoung other things noting in his letter, the connection of this road with Myers Corners .Road is an easement of rightof way to all using that property. Mr. Knud Clausen: There is no turn around in that road. We have to have that. We have to have a catch basin for drainage under road and easement for the land. Mr. Quinn: I sent a letter to Mr. Gindele telling him what he would have to do from Counsels point of view before there could be any consideration for road acceptance. I) Map be submitted to us. 2) Recommendation of Superintendent of Highways. We advised him to consult with the Superintendent of Highways and the Town Engineer. I told him that his first application was, in effect, too informal. Mr. Bulger: I would like to call your attention to the last paragraph in which Mr. Ries alleges that Gindele doesn't own the portion on Myers Corners Road that he proposes we take. Mr. Quinn: Primary thing in my mind was to have him sit down with Mr. Knud Clausen and Mr. Kelley. He came to me and he had no idea of how to approach the thing. He is going to set up ameeting with the Superintendent of Highways and Town Engineer. He will then supply us with everything that is requested, and it will be presented to the Board. Old Hunt Club Road — Myers Corners Road starts east of Kent Road and is only a couple hundred yards long. Question was whether it is legally a Town road or an abandoned road. Mr. Knud Clausen: There is a house in front now with the road going back of it. Leave it alone. Report on what roads engineer and Supt. of Highways want mapped out. Mr. Clausen: Money that was going to be transferred to us for road to Chelsea. This had to do with takings. If you will recall, we said that the funds for this were in the general town fund and they were properly there. I thought there was to be some discussion among you three gentlemen as to how they were authorized to spend these funds. � ��� �� _ � ~^ Mr. Quinn: Supervisor will sign drafts for it. Pieces of land will be owned by the municipality. Items are properly in the budget as they are. Mr. Kelley: We were to bring back to you a list of what we wanted and the cost. Report on W|\dwmod Roads: Mr. Kelley: Following executive meeting Mr. Knud Clausen and | met with developer, agreed to certain items and disagreed on others. Resume going to those who participated. When we agree that this is what was agreed, we will report. Resolution was presented to establish 4 year terms for the Superintendent of Highways and Town Clerk. Mr. Fulton: There is a report before you on first class town. Does this fit in with that? Mr. Quinn: This is the first time | saw this, and | haven't seen the report of the committee for first class town. This matter ought to lay on your table. Motion was made by Mr. Bu|ger, Seconded by Mr. Diehl, to table this and bring it in with first class town when it comes up. Motion Unanimously Carried. Mr. Bulger: You have all received from office of local government, an invitation to a conference at West Point on new trends in local government. | am planning to attend. Motion was made by Mr. Francese that the Board authorize expenses of any members of the Town Board, or Town government, who attend this conference be paid by the Town for the trip. Motion was seconded by Mr. Clausen. Motion Unanimously Carr -led. Mr. Diehl: Agendas for meetings were to be published. We've slipped away from it. They are not being published. Any comment on it? Ten days with seven day correction or addition. As all information is in for our agenda ten days prior to meeting it can be published in the Beacon and Poughkeepsie papers and also make the Wappingers paper. 1 would like to see this resolution lived up to, or have the board vote it down. Mr. Clausen: Is there any reason we cannot receive these seven days prior to the meeting? Clerk: None,you shall have what has been turned in. Mr. Bulger: Referring to the first class town report; | went over it once. The Members of the Committee have obviously extended their utmost efforts. It's the most complete, best report | have had pleasure to read. | would like to move that this board send a letter of thanks to the Committee for a fine report. Motion withdrawn. Mr. Bulger: (Roads in Fleetwood) As | understood, Counselor, you said earlier that certain Town officers had authority under 280e or 28|n to withold building permits in regard to road conditions which are not satisfactory. Mr. Quinn: Statute says Town Superintendent of Highways and Town Board may insist that improvements to roads be installed to a stage which is satisfactory to them, pr/or to issuance of building permits. Mr.lBulger: | had occasion to drive over those roads last night. In Section ||| | am certainly not satisfied. The manholes are up above the road. | was going to ask the Highway Superintendent to examine those roads and render whatever opinion he may have. If his opinion agrees with mine, and ours agrees with rest of the Board, we should instruct the building inspector not to issue any more building permits or CO's. The builder feels he is not under current specifications. Mr. Quinn: Mr. Reilly recalled a discussion which took place at the meeting. The resolution clearly states he is under them. Frankly, it is possible from what | hawelearned the last couple of days there may be something that almost amounts to a refusal on the part of the developer. | think the Superintendent of Highways agrees with Mr. Kelley and myself. Demand should be made of these people to clear this up or action be taken on the bond. Mr. Fulton: Mr. Gallo oonfends it was not the intent of the Town Board. Mr. Quinn: There was a discussion, and it is stated in the minutes. Mr. Fulton: | found it is definitely the intent that it be brought under the specs. Mr. Bulger moved that all appropriate officials of the Town take what steps necessary, as promptly as possible to bring those roads up to requirements. If Superintendent of Highways feels that ,these roads are not up to requirements, notify us and the Building Inspector so that we may hold up issuance of building permits and CO/s. Motion was seconded by Mr. Clausen. Mr. Bulger and Mr. Fulton and Mr. Clausen all had seen the roads and consider them unsafe. Motion Unanimously Carried. Water Situation in Fleetwood: Mr. Fulton: June 27 we had a complaint. During that week | contacted the public service como/ss/on. | believe Mr. Murphy, as a result of that visit, the public service commission, demanded that Mr. Gallo write a letter of intent to put pumps into a second well which wasn't being used. With the cooperation of Jack Hill from the County Health Dept., Jack made provisions to see that the pump got there and was installed. Pump was in action on Friday night. From the 1st to the 6th we didn't have any complaints, but there was a 3 day test that had to go along with this. They closed the pump dpwn. More pressure problem since then. Jack Hill called this afternoon and said that he had given them permission to turn the well on. At the start of the meeting | got a call saying that pressure was fine. At 9:15 received another call. Pressure was low and some of the residents are without water. The first well has been 190 pumping about 60 gallons per minute. Second one /s capable to about 50 gallons per minute. Situation tonight is that he probably didn't turn on the well, or didn't have it on in time. Mr. Quinn: | ask you to consider one thing — as this shortage continues thcough, you may direct the Supervisor or Town Clerk to make a request of the Commissioner of Health of Dutchess County to order the Building Inspector to issue no further CO's. If the problem continues, | think this board needs the help of the Health Dept. Mr. Fulton: It's not a water shortage, it's failure of equipment. Mr. Clausen: Put restriction on watering lawns until you find out whether system is defective. Mr. Kelley: They do not have adequate water supply with one well. With the two wells there should be adequate water supply for normal domestic needs. | think now, except for equipment failure, if there is not enough water, there will be cause for putting restriction on watering lawns. Mr. Quinn: | am so informed that the specifications of the water resources commission was that there be two wells to supply water. Until everyone went down there to check it out, the second well was never hooked up. They were used in contravention of the order. Mr. Kelley: As Mr. Clausen said — if there continues to be a shortage it would be in order to restrict use of water in reference to watering lawns. Motion was made by Mr. Diehl that the Supervisor have the power to immediately take whatever steps are necessary to correct the conditions in the event that a shortage does take place. Motion was seconded by Mr. Francese. Motion Unanimously Carried. Mr. Bulger: | move that the Town Board request the Town Clerk to address a letter to the Commissioner of Health, the New York State Water Resources Board, New York State Public Service Commission (| would like to ask the Engineer to the Town and the Town Attorney to help you draft this letter) to call upon these agencies to not only investigate but to advise us as to what steps are being taken to insure an adequate and safe water supply to the people in that area. Motion was seconded by Mr. Diehl. Motion Unanimously Carried. Mr. Francese: It seem that every once in awhile something comes up about Road Bonds; how far to go before the bond expires? l would like to have a chart be made up of all developments in the Town 77 when bonds expire, what stages of work are completed, what should be completed and any extensions in between added into this. Mr. Fulton: L'Archevesque is working on something like this. Mr. Francese: l would like to see it as soon as possible. I wish this would be ( 191 made available to any official of the Town whowould need the information. Mr. Francese: We talked at one of our meetings, about Commando Window Cleaning proposal. I checked their insurance. They do have liability insurance — $150, 000.00. They do not have to have workmen's compensation — two sold proprieters. It received news coverage and there were no other proposals. Motion was made by Mr. Francese to accept the proposal of the Commando Window Cleaning Co., subject to review of contract by counsel. Motion was seconded by Mr. Bulger. Motion Unanimously Carried Mr. Quinn: No compensation is dangerous. Mr. Francese: As soon as they need the workmen's compensation, they will have it. Mr. Clausen: Air conditioning was brought up tonight for the Town Hall. Refer this to the Town Hall Committee to investigate and proceed with if we have the funds. Mr. Bulger: Councilmand Diehl and I visited the ladies of Chelsea, at The Boards' direction, on a Sunday afternoon, concerning their recreation problem. As it was presented to this Board, June 9, 1966 meeting our proposed solution to the immedi— ate problem is to ask the Town Attorney to contact Mr. Williams, assistant principal of High School in Beacon. He owns the plot adjacent to one owned by Chelsea Fire District, which is now used for ball playing. He is willing to rent this to the Town for $I.00. The second, long—range solution for the problem is to obtain from the Veteran's Hospital surplus lands. We need to ask Mr. Quinn to take whatever steps are necessary to see that we are considered for this. Some of the members of the fire district down there have given us some literature. Mr. Bulger moved that we take necessary steps to obtain whatever easement or permission Mr. Williams is willing to give us, and be recognized as applicant for surplus lands at Castle Point for recreation purposes. Motion was seconded by Mr. Claused. Motion Unanimously Carried. Mr. Fulton: A meeting w;th Oakwood is rescheduled for 9:00 A.M. Saturday morning. There have been developments in this situation. — Executive Meeting. Mr. Clausen: Could it possibly be worked out at a time when all members can be present? Mr. Quinn: Counsel for Ritter Construction Corp. is pushing this thing fairly hard. Mr. Bulger: Is there some record that shows we had a meeting scheduled with Ritter Construction and it was cancelled at their request? Mr. Quinn: We have a record in our off ce. Frankly, one of the purposes I see in meeting as soon as poss'ble is to try to get as adequate notes as we possibly can on what they want to offer to the Town, so that it can be looked at for very serious study. Mr. Fulton: No action to be taken at this meeting. I was in on conversations to a degree. l asked if they had some proposal, to make it. The idea was that they would be in here Saturday with some sort of proposal. l will meet with them anyway and relay proposals. Mr. Bulger made a motion to adjourn, seconded by Mr. Clausen. Motion Unanimously Carried. Meeting was adjourned at 12:38 A.M. Elaine H. Snowden Town Clerk 192 K� � � °~ To Joseph H. Fulton WARRANT , Supervisor Town of Wep1ngr , County of Qutcb_ess , 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 Ju 1 y, 19 66 , in the amounts hereinafter respectively specified, and having been duly filed in my office as Town Clerk, you are hereby authorized to each of the following claimants the amount allowed upon his claim as Wappinger 7th day of a certificate thereof and directed to pay hereinafter stated: CLAIM No. NAME OF CLAIMANT 276 N & S Supply Corp. 277 Vincent C. Keiley,PE 278 Paul Stafford Assoc. AMOUNT FUND OR ALLOWED ACCOUNT \13.3E \8.75.0C I,I29.8C 279 Sloper-Wallen Comm.Arnb1.S \'898.32 280 Dave Alexander \840.0( 281 A-1 Fence Co., Inc. \' 835.0( OTHER INFORMATION H.Garage-contingent TB-Serv.ofEngl.&Exp. T.B.-Serv.ofAity.&Lit. fees Misc. Ambi. S'arv. Deve l .Fund "E.": Rec. tt I, „ 282 Messrs. Quinn & Reilly \500.O1 T.B.-Serv. Atty.tExp.of litg. 283 Donald Nickerson \'20.0( kRec.-Other "*B" 284 J.W.Smit Fence Co. V410.0( Rec. F., ,.1. ..f -1044.14•p. "8" 285 N & S Supplu Corp. 53.6. Rec.-other "e- 286 Assoc. Hosp.Serv. of N.Y. \116.4i T.B. "D" 287 TheJ.E.Burke Cqo v296.5( Rec. "C" pure, of equip. 288 Hugh J. Maurer ` 6.8( Rec. - Other 289 Jack Biasotti ' 2.50 Rec.-other "E" 290 Assoc. Transport Inc. \"31.1: Rec.-other "E" 291 Bill Myers Gen Landsc. 292 Wm.J.Fredrickson 293 Beacon Dist.Co. 294 It If " 295 Central Hudson G.&E. 296 297* to It 1, ,/ It tt 30.0(' Rec.-" \'800.0( Rec.- " " ft `I72.44 Rec.-"C" puruh of equip. �18I.0 ." 45.3, TH & Offices "D" 35.55 " ,,3.65 " tl it �.ft " 298 123.83 TB - "D" 7-1 2-o, y In Witness Whereof, I have hereunto set my hanrl and the Seal of the Town of this day of , 19 [SEAL] Town Clerk To WARRANT Joseph H. Fulton Town of Wapp i rger p-2 , Supervisor , County of Dutchess , New York. The following claims, having been presented to the Town Board of the Town of Wapp i nger , and duly audited and allowed at a meeting thereof held on the 7th day of July 19.66__, in the amounts hereinafter respectively specified,and a certificate thereof having been duly filed in my office as Town Clerk, you are hereby authoized 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 299 Urey Hardware Co. \3.35 Election "C" 300 Verner Christensen "33.00 RxixxkxAssess.—office & other exp."C" 301 Amelia Crobby \-4.60 Superv.* offs:e & other \ 302 Joseph Gutmann '30.50 P.T. BIdg.Insa.—mileage 303 Joseph E.Ludewig,Bidg.lnsr 1/27.20 " " " " X04 Elaine H. Snowden \-2.48 T.C. office & other (petty cash) 305* Postmaster—Wappi ngersFa i l' \9.00 T.H. & Off,. 'A" req -a i s etc. " E.B.Hinzman,Pcctrnst-_. 306 Williamson Law Book \'25.17 T.C. ofs. & other "t' f T. PC.,', 307 IBM Corp. Sales Office "423.00 Bldg. Insp. (3-ifice & other 308 Saintomas Venetian BlindCc. X6.75- TH off ice "D" 309 Rosemary Flower Shop 40.00 Rec. Pat. Obsarv. 310 New System Window CI.Co. "15.00 T.H. "D" 311 Popper Electric Co. \-28.85 T.H. "D" (repairs) 312 Edward Thompson Co. 18.00 J.P. "QP 313 Eggleston Office Equip. \,I.57 P.T.Bidg.lnsp=. offs & other 314 "10.64 T.C. office & -other "C" 315 Pt If\3430 Assess. "Q," 316 " " " x563.20 T.H. Perm Improvement (CV) 317 R.J. Brooker Co. \'15.66 T.C. "C" 318 " " -\/16.00 Assess. "dr 319 E.H.Boeckh & Assoc. Inc. "25.25 " " 320 Amerioan Photocopy Equip. '10.00 TH "D" repairs 321 II 91 " 10.50 TB—offs & other "E" Fr al,yyt In Witness Whereof, I have hereunto set my hand and the Seal of the Town of , this day of , 19 „C„ Town Clerk [SEAL] WARRANT To J. H. Fulton , Supervisor Town of Wapp i ager Wappin9er 7 ttiay of Ju 1 Y , 19.66 ., 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: P-3 , County of Dutchess , 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 CLAIM No. NAME OF CLAIMANT AMOUNT FUND OR ALLOWED ACCOUNT OTHER INFORMATION 322 Roberts—Bocce Paper Co., "17.77 T.H. "E" othEr 323 McCombs \,116.94 TC.—ofs. & oilher 00.49 J.r. =_ _ \.5.4u Assess. "iN\•31.00 Filly bd . \.22.0; 324 W. & S.D. News b7.98 T.B. Printinc- & Adv. (all depts.) 325 New York Telephone Co. 146.96 TH & office 'D" 326 Great Bear Spring Co. \ 5.00 T.H. Rentals "A" 9 C. 70/ In Witness Whereof, I have hereunto set my hanrl and the Seal of the Town of this day of , 19 [SEAL] Town Clerk WARRANT ?-7 To Jospeth..H._Fulton. , Supervisor Town of l'hippingeX , County of ............ , New York. The following claims, having been presented to the Town Board of the Town of Wapp in ger , and duly audited and allowed at a meeting thereof held on the 7 day of July , 19 66 , 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 Eleanor B. Morton 46 Pye Lane "13.50 Election Edith Barbara 355 93 Ardmore Drive 44.25 Emma Fisher FiVit Road Ilse Ivanoff .357 LOsee Roel IA 75 Eileen Fay Div 14.25 Hattie Hannigan 1 FenMoriP 4351 Myers Corners Road '14.25 Jeanette Connolly \52 13 De Germ° Rills Ild.\114 ?5 .„,353 Marie Zager Brothers Road N354 Marjorie S. Steele '14.25 rite 37A 44.25 367 Adelaide Corbin Oiddell Road 14 75 368 Beatrice Helmeyer Diddell Rod 14.26 N-369 June Rose Old Rnpow14 25oil Rnarl \-370 Pauline Egan Diddell Road 14.25 Dorothy Miller '359 62 Robert Lane 13,50 -360 Melva Laffin Wjdmer Road R„F,n_c 13.50 N361 Maureen Porter 51 Robert Lane 13.50 \/362 Janice Stafford 23 Robert Lane v13.50 63 Bernice Mills Brian Place .14,25 364 Jennie Olsen 10 Russ Place 14.25 Roberta J. Wood 8 Daisy Lane 414.25 365 v366 Lorraine Ciccone Daisy Lane 14.25 Joan Marie Yeaple v371 Carmine Drive ACV `i 372 HaroldMlIcMul len West Academy St. 14,25 q in Witness Whereof, I have hereunto set my haiffi and the Seal of the Town of 4, 4. le 4. et 41 OTHER INFORMATION this day of. [SEAL] ,19 Town Clerk WARRANT To Joseph. ..li._. Fj.i1tan. , Supervisor Town of....00S/Ping*/ , County of Du_tcheas , New York. The following claims, having been presented to the Town Board of the Town of hlappinger , and duly audited and allowed at a meeting thereof held on the 7 day of July , 19.. 6fi, 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. /379 Cornelia Greer Chelsea, N. Y. X60 Mary Price Chelsea. N. Y. IElizabeth Hammond Chelsea, N_ v_ Eileen Farrell y_ Norma Clark '381 '382 ti331 332 „333 AMOUNT ALLOWED "14.25 Election X14.25 Election "Id7c a x 14.25 a M FUND OR ACCOUNT _ Y_ 14,,75 Vera Hamilton Old Trov Road W. F. Elizabeth Schofield Wheeler Hill Road 333 Helen Tompkins Hughsnnvi11. w 335 G. M. Liebermann Huahsonville. N. Y. 14-25 Osborne Hill Rd 1"14.25 336 Barbara A. Jensen 337 I Catherine Loop Huughannvi 11c. p y, \"14.25 '338 I Emma Gildersleeve Ketchamtown Road 14_25 `.347 Paul Franzoni ^._ ._... 1\) lA lc v348 a9a j14 " X349 1 Iv14.25 14_25 339 13.50 11422 `14.25 N14.25 rie Migliore Theresa Elva Albino Medio Pine Ridge Drive Imelda M. Evans Pine Ridge Drive v35C /340 341 342 X343 344 :345 E. Ann Harmuth 19 Partners Road June Scalzo Hopewell Junction. N June W. Schnorr 12 De (armo Rills' tai Beatrice M. Roe 25 De Garmo $J, IMary Egan 4 Brothers Rnnri Mary J. Kelly Pye Lane Almeida M Kupris Mvera Corners Road In Witness Whereof, I have hereunto s this day of [SEAL] cri viLsn 1 Iv13_ So I\13 an 995'-s. et my hand and the Seal of the Town of M p 11 N w w n 0 0 a N OTHER INFORMATION , 19 • Town Clerk WARRANT To Joseph,..E._ Fulton , Supervisor Town of..11appinger , County of-Dutchese , New York. The following claims, having been presented to the Town Board of the Town of Waggingar , and duly audited and allowed at a meeting thereof held on the ..... . __day of .11.0. , 19.66_, 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 Mary A. Sidote -373 1 Adams St. \414.25 Election \374 Margaret Fredericks 53 Remaen Ave 147c 375 Charles Grosenbeck lDutchesaAve. VIC 7c v376 Ruth Ciardlella 4 P \14.25 ip 11rokm Avm Rose Fitzpatrick '377 _11 Clapp Ave _ \578 Alma Berinato \\, 11_Rzospe."•* et_ 14.25 Viola R. Brown 327 10 Spring St, 328 Catherine De Ronde V 7 Tralmern P14^. 12 ro 329 Eileen Weit 7 Park Ave 11 SP \,330 Patricia M Dugan 38 Liss Road 11.5n a a1, $ 11 0 a a 383 McCombs Stationary V395 T.H. "Sr / o OTHER INFORMATION in Witness Whereof, I have hereunto set my hand and the Seal of the Town of this day of , 19 [SEAL] Town Clerk