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1964-10-15 SPMA special meeting of the Town Board, Town of Wappinger was held on Thursday evening, October 15, 1964 at the Town Hall, Mill Street, Wappingers Falls, N. Y. Present-Supervisor-Richard H. Linge, Councilmen-Wilther Ifill and George Robinson, Justices of the Peace, William Bulger and Vincent Francese, Town Attorney-Judson Williams, Town Superintendent of Highways-Robert Lawson, Town Cleklc-Helen L. Travis, Building Inspector-Joseph Ludewig. Supervisor Richard H. Linge called the meeting to order at 8 P. M. Supervisor Linge stated that the first matter of business would be the Brookhollow Builders, Inc. presentation of bond. Attorney Williams stated that two new lawssiists had been brought by residents of Wheeler Hill against the Planning Board. Atty. Williams stated that the two suits were similiar. They ask the New York Supreme Court for a judicial review of the legality of hhe planning board action on the Tall Trees detelopment. One sufikt is brought by Mr. & Mrs. Armand Fuimarllo, and one is brought by Dennis Hannan, Bernice Morris, Mr. & Mrs. Kompass, %ivercrest, Inc. and Deer Hills, Inc. Atty. Williams suggested that the Town Board retain Mr. Winne for these two additional cases and any other cases pertaining to Wheeler Hill. Motion was made by Justice of the Peace Bulger and seconded by Councilman Robinson that Mr. Winne be retained for these two additional cases and any other cases pertaining to the Wheeler Hill re-zoning. Motion carried Atty. @illiams stated that the suits prevented the Town Board from acting on the Brookhollow Builders, Inc., Bond and he referred to Section 282 of the New York State Town Law. Mr. Worona made exceptions to Attorney Williams opinion and asked that his eceptions be placed in the minutes of the meeting. Mr. Worona stated that in his opinion, Section 282 of the Town Law does not apply to the Town Board, because the. Town Board is not mentioned in the Statute. AtturneyxWittimax Worona appealed to the 121 Board to accept the bond either effective immediately or effective upon the Supreme Courts finding in favor of the Plannning Board. Atty. Williams said that his ruling was advisory and that the Town Board could tEothey wished take the advice of Atty. Worona. Supervisor Linge asked for a motion to suspend action on the bond until the lawsuts were resolved in some way. Motion was lode by Councilman Ifill and seconded by Justice of the Peace Bulger that the actin on the #5,000.00 Bond of Brookhollow Builders, Inc., be suspended until the lawsuits were resolved in some way. Motion carried Supervisor Linge stated that the second order of business was the presentation of the bond for $28,500.00 for the Roads in Section 2 of Edgehill Manor. The following resolution was made by Councilman Iffill and seconded by Justice of the Peace Francese. RESOLVED that Shale Drive, Plum Court, Dillon Court, Short Court, and Long Court as shown on a certain map entitled Map of Edgehill hanmv, Section 2, dated July 1964, be and same hereby are accepted as public Highways of the Town of Wappinger, such acceptance to be contingent up on and to become effective only when the following conditions are complied with: 1-- A good and4pficient full covenant and warranty deed conveying such road or roads and any drainange or other easements deemed necessary by the Town Superintendent of Htighway by a metes and bounds descilbption is delivered to the Town, and 2--A performance bond issued by a Surety Company, author- ized to do business in New York State, in the amount of $28,500.00 in form acceptable to the Town Attorney shall have been posted with the Town guaranteeing. (a) thatisaid road or roads shall be completed in accordance with applicable Town speicifcations within two years from the_date of the adoption of this resolution, but not sooner than eighteen months from said date, unless the Town Board shall consent to such sooner completion based on a finding that the area V1 122 served by said road or roads has been substantially developed, and (b) that pending said completion of said road or roads the developer shall at his own cost and expense maintain said road or roads in reasonably suitable condition for use by Wit general public including snow removal 4herefoom. (c) that for a period of one year following a finding by the Town Board that said roads have been completedkit xidutx2tagat and mptwith- standing such findings as aforesaid, the developer will at his own cost and expense, make any repairs that ma*lbe necessary and,shall rectify any condition arising out of or attributable to any failure to so complete said roads to said Town applicable specifications. Motion carried These roads were checked over ty Thomas Armstron, New Hackensack Fire Chief and Bruce Moriarity of the Civic Association. Super*isor Linge stated that the Third matter tocome before the meeeting was. To consider,a resolution to amend the Town Road specifications to inforporate standards of conditions under whibh the Town Roads are accepted. Motion was made by Justice of the Peace Francese and seconded by Councilman Robinson that the Planning Board, the Highway Superintendent and the Town Engineer incorporate into the Town road specifications the conditions under which the roads are accepted and then present them to the Town Board for acceptance. Motion carried. Herman Osten asked the Board if the Lawsuits would prevent the Public Hearing on the Zoning change from being held on Thursday.Mr. Woonna suggested that fair play demanded that the Hearing be cancelled. Mr. Fuimarelli asked if a Hearing would be held next week. Supervisor Linge answered that the Hearing would be held next week as scheduled. Motion was made by Justice of the Peace Bulger and seonded by Council- man Bulger that the meeting be closed and another Special meeting be called for any other business that might come before them. Motion carried. Signed Town Clerk o 1:21 A special meeting of the Town Board, Town of Wappinger was held in the Town Hall, Mill Street, Wappingers Falls,.N. Y. on Thursday, October 15, 1964. Present: Supervisor -Richard H. Linge, Councilmen -Wilmer Ifill and George Robinson, Justice of the Peace -William Bulger and Vincent Francese, Town Attorney -Judson Williams, Superinteddent of Highways -Robert Lawson, Town Clerk -Helen L. Travis. Supervisor Richard H. Linge call the meeting to order at 9.10 P. M. Louis Eck then presented the matter of 600feet of road which had not been deeded to the town. Councilman Ifill moved, seconded by Councilman Robinson that it is the intention of the Town Board to accept 600 feet extension of Eck Road, at such time as Mr. L§ois Eck completes the said ex- tension to Town Specifications and provides the Town with a full covenant and warranty dee for such 600 foot extension incl4ding a turn around having a radius of 50 feet and further that Orchard Homes, Inc., shall similiarly complete and furnish a deed to a 200' foot extension of Orchard Drive and Robert G. Menger and wife shhll supply to the Town a suitable easement for turning Highway and Fire - manic equipment around in their driveway. Motion carried Mr. Nicolotta & Mr. Serino asked the Board to set a date for a public Hear on Fleetwood Sewerage System and Fleetwood Water Districts. They had completed plhns, except for the map. The Board stated they would accept the plans and the map at a special meeting just as soon as the map was completed. Edward Willard of the Quiet Acres Civic Association spoke complaining abott the condition of Roads in Quiet Acres especially Daisy Lane The Board stated they would urge Mr. Lafko to take care of these roads before the winter set in. He also stated a letter had been sent to Mr. Ludwig about the Cornell Model Home. Mr. Ludwig said that Cornell Homes had been notified and that they were in the process of moving same. Mr. Dave Newcomb asked why the landscaping around the Quiet Acres Sewerage Plant had not been done. The Board said that Mr. Lafko k 124 had been- reminded of: his obligation to landscape the area around the sewearge Plant. Mr. Ludewi:g was asked to check on same. Supervisor Linge declared the meeting adjourned at 9:45. P. M. Signed Town Clerk