1965-10-28 PH�c4
A Special Public Hearing was held by the Town Board, Town of Wappinger,
on Thursday evening, October 28, 1965, in the Town Hall, Mill Street,
Wappingers Falls, New York.
Present: Deputy Supervisor George Robinson, Justice of the Peace
Vincent Francese, Attorney for the Town Harold Reilly, Justice of the
Peace William Bulger, Councilman Louis Diehl, Superintendent of Highway
Robert Lawson, Deputy Town Clerk Agnes M. Grosmnback.
The meeting was opened at 8:00 p.m. by Deputy Supervisor George Robinson.
Mrs. Grosenbeck, Deputy Town Clerk read the Notice of Public Hearing and
the Resolution on Dorothy Heights. The resolution is as follows.
RESOLUTION:
The Town Board of the Town of Wappinger, County of Dutchess, State
of New York, does hereby enact the following ordinances:
SECTION l: All trucks, as hereinafter defined, are hereby excluded
from the use of Dorothy Heights, a public street and Town Highway in the
Town of Wappinger, Dutchess County, New York.
SECTION 2: The word "trucks" as used herein, shall include the
following; All trucks as defined by Section 158 of the Vehicle and
Traffic Law of the State of New York, commercial vehicles, combination of
motor vehicles and trailers, tractors and tractor -trailer combinations,
the net weight of which, exclusive of load exceeds four (4) tons.
SECTION 3: The exclusion of trucks from the use of Dorothy Heights
shall not be construed to prevent deliveries of merchandise or other property
to one family residences abbutting upon said highway, or to the use of said
highway be emergency equipment, public transportation, public service
vehicles or school buses.
SECTION 4: Any person, firm or corporation in violation of the
provisions of this ordinance shall be guilty of an offense, punishable by
a fine of not more than twenty-five f25°00\ dollars or by imprisonment,
in the case of an individual for not more than ten (10) days, or by both
such fine and imprisonment.
SECTION 5: This ordinance shall take effect ten (10) days after
its publication and posting.
Deputy Supervisor George Robinson asked if there were any objections to
the resolution.
Justice of the Peace Bulger asked if the resolution should specify a public
street and town highway.
No Objections.
Mr. Tomazin asked if this resolution excluded delivery for residents on
Dorothy Heights. He also asked if this refers to utility companies.
Attorney for the Town Harold Reilly said that a public service could cone in.
He gave Central Hudson as an example.
Mr. Tomazin asked what this will do to the car traffic going to the
apartment house on Dorothy Heights.
Attorney for the Town Harold Reilly said that the town does not have the
power to exclude car traffic from Dorothy Heights. It was not on the site
plan approval by the Village Planning Board to use this road as an access
road°
Mr. Tetrault wanted to know who gave the construction company permission
to open the road.
Attorney for the Town Harold Reilly said that no one knows. He stated that
the property owner on a public highway has the right to use the road.
Mr. Tetrault wanted to know where the road ends or begins.
Justice of the Peace Francese said that any ordinance can control access
of anything that is developed in the village, and through meeting with the
village planning board we can reach a solution.
Mr. Tetrault wanted to know where we stand legally. He wanted to know
if Mr. Reilly had received his letter so that he would have knowledge
of the subject and have a chance to investigate the matter.
Attorney for the Town Harold Reilly said he had not received the letter.
Mr. Tomazin said that the residents of Dorothy Heights didn't want the
road to be used as a thoroughfare.
Mr. Vredenberg wanted to know if the town couldn't reclose Dorothy Heights
if the residents got a petition of 100 signatures.
Mr. Francese said that the proposal shows that there is no legal access
into Dorothy Heights.
Mr. Tomazin said he didn't know if there is a legal access. He said that
traffic should stop immediately.
Mrs. Zak said that there had been no plans to open up Dorothy Heights
and that it is up to the town to close it.
Attorney for the Town Harold Reilly said that the reason that the town
couldn't stop the construction company from using the road was that the
people who owned the property had the right to use the road to get to their
property. He said that if the construction company had been stopped the
town would be faced with an immediate law suit.
Mrs. Clearwater said that if it was a dead end road how could anyone open
it up. She complained about the traffic going through Dorothy Heights.
She said that the traffic had slowed down since Mr. Litts had been posted
on Dorothy Heights.
Mrs. Zak said that the people of Dorothy Heights were assured that the
road would not be opened up.
Mrs. Clearwater said it was not a village problem.
A member of the board said that it was Mr. Furnari's problem and it was
up to him,to take care of it.
Mr. Tomazin wanted to know what action the board should plan. He also
wanted to know what action could be taken in 3 days.
Justice of the Peace William Bulger said he would be guided by Council.
He said the site plan for the apartments to be constructed at the end of
that road did not provide for access to Dorothy Heights. Otherwise, this
site plan would not have been approved by the County Planning Board.
3 c�
Mr. Tatrault said that because the construction company did not have site
plan approval to go through Dorothy Heights there will not be any more
traffic to the apartments.
A member of the Board said that once construction was completed that this
would be a fact.
Mrs. Zak said that if the construction company had site plan approval that
it might come up with another building and the problem of use of the road
might go on for three years more.
Mrs. Molloy said that if the town closes this road off that the town
will have to go to the expense of making a turn around at the end of the
road.
Mr. Zak said that if the town wouldn't go to the expense of making a turn
around that the residents of Dorothy Heights would all pitch in to cover
the expense.
Councilman Diehl made a motion to go on the agenda that two members of the
Town Board go to the next Village Board Meeting, Justice of the Peace
Bulger seconded it.
Motion Carried
Mrs. Pike wanted to know when the blockade would be taken down.
Justice of the Peace Vincent Francese said it would be taken down ten (lD)
days after the publication of the resolution. The day the ordinance
becomes effective on November 15°
Mr. Tomazin wanted to know if the blockade could be shortened.
Someone asked if there were any objections to the wall going up again.
Deputy Supervisor George Rdb1nsnn said that the fallow who bought that land
is a land owner and has the right to use the road as the land is abbutting
the road. When the apartment is finished it can't be used.
Mrs. Zak said that the construction company was going to build their own
road for access to their property, and that it is not being finished.
Mr. Francese said the people are in complete control of that road. The
village said its a town problem, and the town says its a village problem.
Deputy Supervisor George Robinson said that all the members of the Town
Board will be at the next Village meeting.
Mrs. Zak said that she has complained about the blind curve going onto New
Hackensack Road and that to her knowledge Mr. Linge hasen't done anything
about it.
Justice of the Peace Bulger said he would ask Mr. Linge about it.
Mr. Litts said that the blockade should be shortened because it was dangerous.
Mr. Lawson said there was a shorter blockade there at one time but that
some one had removed it bodily from the road.
Mr° Kalinowski wanted to know if it should be lit up at night.
3e
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After further discussion it was agreed that the blockade would be taken
down at 5 p.m. by Deputy Sheriff Litts.
Deputy Supervisor George Robinson asked for a show of hands in favor of
the ordinance, and against it. There was no one against it.
Deputy Supervisor George Robinson said the ordinance would be adopted
because everyone is in favor of it.
Justice of the Peace Vincent Francese made a motion to adopt the ordinance,
seconded by Councilman Diehl"
A vote was taken:
Deputy Supervisor George Robinson aye
Councilmen Louis Diehl aye
Justice of the Peace Bulger aye
Justice of the Peace Francese aye
Motion Carried
Justice of the Peace Bulger made the motion to close the meeting^
seconded by Councilman Louis Diehl.
Motion Carried
Signed
, DeputyTown Clerk