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1964-06-25 SPMA Special meeting of the Town Board, Town of Wappinger was held on Thursday evening, June 25, 1964, in the Town Hall, Mill Street, Prsent:-Supervisor-Richard H. Linge, Councilmen -Wilmer Ifill and George Robinson, Justice of the Peace -William Bulger and Vincent Francese, Building Inspector -Joseph Ludewig, Town Attorney -Judson Williams, Town Engineer -Charles Maneri, Superintendent of Highways - Robert Lawson, beptty Town Clerk -Agnes Grosenbeck. Superviso4 Linge called the meeting to order at 8 P; M. Superiisor Linge stated all members had received copies of the May meeting, what was their pleasure on same. Motion made by Justice of the Peace Bulger and seconded by Coun- cilman Robinson that the minutes be accepted. Motion carried A letter was read from State Traffic Commission, in reference to speed limit in the Edgehill Manor Development. The Town requested the Town Clerk to send a letter to the Edgehill Manor Civic Assbciation informing them of the letter received. Memorandums were read from the Planning Board on the Re -zoning J of Wheeler Hill Road and B. S. ming Land. Motion was made by Justice of Peace Francese and seconded by Justice of draw up an Peace Bulger that Attorney Williams be directed to Q a -#-amendment for a public hearing on the Irving and Wheeler Hill rezoning. Motion carried. A letter was read from the State of New York, Department of Public Works in answer to our letter asking for directional signs. A letter was read from the Board of Commissioners of the New Hack- 4nsack Fire District pointing out hhe confusion created by existing similar sounding street names within the distract. Justice of the Peace Fraricese recommended that the re -naming of Streets be given to the Planning Board. Mr. Ludwig stated that the County is looking intho this name problem. Motion was made by Councilman Robinson and seconded by Justice of the Peace Bulger the this matter of changing names be given to the Planning Board and that they have a reply within three months. Motion carried. 69y The following reports were given: Following is a report of actions handldd by me during the month of May, 1964 in my official capacity as Justice of the Peace. (1) 13 motor vehicle cases showing $125.00 collected in fines. (2) There were no civil cases closed. (3) There were two criminal cases closed duet4g the month. Twos criminal warrants were issued. I am holding $100.00 cash bail on a pending criminal ease. I am holding $11.00 in my official bank account for civil cases, which were not closed during the month. I ahve forwarded a total of $125.00 to the State Department &f Audit and Control. Signed Vincent S. Francese, Justice of Peace During the month of May, 1964, while presideinl in Justice Court Town of Wappinger, I heard the following cases and collected the fees and fines listed below: TYPE NUMBER FINES & FEES COLL Motor vehicle 19 $260.00 civil 0 criminal 4 I am holding $9.50 in my official bank account on pending civil cases. I am also holding $100.00 on a pending motor vechicle violation which was not disposed of during the month of May 1964 Signed William J. Bulger, Justice of Peace Building pemmits issued for the following: 2 --Commercial Buildings 3 --Residence Additions 35 --Single Family Residences 40 --Total permits issued for a value of $673,400.00 Fees collected and turned over to the Town Clerk $638.50 Miles traveled on inspection of buildings and zoning matters 373 Miles Signed: Joseph E. Ludewig, The following resolution was made by Councilman Ifill and seconded by Justice of the Peace Bulger: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger Dutchess County, New York, in pursuance of the authority conferred by Article 16 of the Town Law of the State of New York, and also in pursuance of Article 9 of the Town Law to the extent applicable as follows: Section 1. The Town of Wappinger Zoning Ordinance adopted Jan- ary 29, 1963, as amended, is hereby further amended by rezoaing Parcel 1 and Parcel 2 described below from BB, General Business, to LB, Local Business District, and rezoning Parcel 3 described below, from RD-20, Optional Dwelling Residential District to LB, Local Business District, said parcels of land being situate in the general area of Route 376 and Maloney Road and being more particularly described as follows: Parcel 1 BEGINNING at a point on the westerly side of Route 376, marking the southerly boundary line of lands now owned by Cochran, Patrick and Lavery, and running thence n northirly along the westerly boundary line of Route 376 to a point approximately 230 feet northerly of the junction of Maloney Road and said Route 376; thence westerly at right angles to the westerly line of Route 376 approximately 280 feet to the Wappingers Creek; thence southerly along the Wappingers Creek to a point marking the southerly boundary line of lands owned by Cochran, Patrick and Lavery; thence easterly approx- imately 200 feet along the said southerly boundary line of lands of Cochran, Patrick and Lavery to the point or place of beginning. Parcel 2: BEGINNING at a point on the easterly side of Route 376 making the division line between the lands of Cochran, PRtrick, and Lavery on the north and the County of Dutchess on the south, and running thence easterly along the said division line 615 feet; thence northerly through the lands of Cochran, Patrick and Lavery and at right angles to the said division line, a distance of approximatel# 1000 feet to the southerly boundary line of Maloney Road and the easterly boundary line of Route 376 to the point or place of beginning. Parcel 3: BEGINNING at a point on the easterly road line of said Route 376, said point being the northwest corner of the within described parcel and being also the southeast cor- ner of lands now or formerly of Cochran, Patrick and Lavery; thence south 70°37' 20" east 155 feet to a point; thence along lands now or formerly of Cochran, Patrick and Lavery south 10°32' 10" west 329.23 feet to the north- erly side of Maloney Road; thence westerly along the northerly side of Route 376, 312.06 feet to the point or place of beginning, containing 1.63 acres of land, said parcel being land now owned by Merlin D. and Mary Odegaard. Baction2. The Zoning map of Town of Wappihnger adopted by the Town Board, January 29, 1963 and being a part of the aforesaid Town odf Wappinger Zoning Ordinance, as amended, is hereby further amended in conformity with the foregoing. Section 3 This amendment shall become effectiveimmediately upor}' adoption, posting and publication as prescribed by Town Law. This motion was unanimously carried by the Town Board members voting as follouts : Supervisor -Richard H. Linge Aye Councilman --George Robinson Aye Councilman --Wilmer Ifill kre Justice of the Peace --William Bulger Aye Justice of the Peace--Vincnet Francese Aye The following resolution was made by Justice of the Peace, Francese and seconded by Councilman Robinson: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by Article 16 of the Town Law of the State of New York, and also in pursuance of Article 9 of the Town Law to the extent applicable as follows: Section 1. Item 17 of Permitted Principal Uses in REsidential Districts, as contained in Section 421 of Town of Wappinger Zoning Ordinance, adopted January 29, 1963, is hereby rescinded in its entirety and the following substituted therefor: "17. Riding Academies veterinarian"s offices* and animal hos- pitals* stables* and dog kennels*, only in R-40 Districts and only when loeated on 10 or more acres of land. Section 2. This amendment shall become effective immediately upon adoption ,posting and publication as prescribed by Town Law. This motion was unanimously carried the Town Board members voting as follwsws : Supervisor_.-- Richard H. Linge Aye Councilman --George Robinson Aye Councilman --Wilmer Ifill Aye Justice of the Peace William Buller Justice of the Peace Vincent er Aye Aye Attorney Williams presented the matter for the T. V. Cables in re - Girds to placing T. V. Cables in streets, thereby guaranteeing a better reception amd fee to be charged. AtSorney Williams stated that a franchise must be asked for to use streets in Town and a Public HsazxIsg Meeting must be held and permission must be obtained from Central Hudson and Telephone Company to use poles. Motion was made by Councilman Iffll and seconded by Justice of the Peace Bulger that a Public Hearing be held on July 16, at 7:30 P. M. in the Town Hall, Mill Street, on the Oakwood Sewerage District. Motion carried Motion was made by Justice of Peace Francese and seconded by Justice of Peace Bulger that Russell Aldrich by appoint4d to handle the formation of the District for the Town.Motion carried. 73 The follow$ng resolution was made by Justice of the Peace Francese and seconded by Councilman Robinson: RESOLVED, that 4artners Road is hereby accepted as a Public Highway of the Town of Wappinger, such acceptance to be contingent upon and to become effective only when the following conditions are complied with: 1. A good and sufficient full convenant and warranty deed conveying such road po roads and any drainage or other easements deemed necessary by the Town Superintendent of High- ways bl a metes and bounds description, is delivered to the Town, and 2. A performance bond issued by a surety company authorizdd to do business in New York State in the amountof $7,500.00 in form acceptable to the Town Attorney shall have been posted with the Town guaranteeing. (a) that said road or roads shall be completed in accordance with applicable Town specifications within two years from the date of the adoption of this resolution, but not sooner than eigh6een months from said date, unless the Town Board shall consent to such sooner completion based on a finding that the area served by lad ro• ad or roads has beeen substantially developed, and (b) that pending said completion of said road or rads the developer shall at his own cost and expense maintain said road or roads in a reason- ably sgitabte ccbaditimh fcbr yse by tl a general public including snow removal +refrom. (c) that for a period of one year following a finding by the Town Board that said roads have been completed and notwithstanding such finding as aforesaid, the developer will at his own cost and expense, make any repairs that may be necessary and shall rectify any condition aris- ing out of or attributable to any failure to so complete said roads to said Town's applicable 2 specifications. Motion was made by Councilman Robinson and seconded by Justice of the Peace Francese that a light be placed at the corner of Ketch- amtown Road and Route 9D, by the Central Hudson Gas & Electric Corporation , this to be charged to the Hughsonville Lighting District. Motion carried. Upon motion made by Justice of the Peace Bulger and seconded by Councilman Ifill a public hearing was directed to be held on the following proposedjamendment to the Town of Wappinger Zoning 1 ordinance, such Hearin4 to be conducted in the Town Hall, at W:30 !/ M. on August 13, 1964. "Be It Resolved and Ordained, by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the au4hthrity conferred by Article 16 of the Town Law of the Sate of New York and also in pursuance of Article 9 of the Town Law to the extent applicable as folloQs: Section 1 --The Town of Wappinger Zoning Ordinance, adopted January 29th, 1963 is hereby amended by re -zoning the following tract of land from R-20 One Family Residential to GB -General B usiness. Lands owned by Margaret Card at the Southwest junction of Fowler - house Road and U. S. Route 9, bounded on the north by Fowlerhouse Road, on the east by U. S. Route 9, and on the south by lands now or formerly of Montfott, and on the west by lands now or formerly of Woolheiser, having approximately 200 feet frontage on Fowler - house Road, Approximately 340 feet frontage on U. S. Route 9, and having a south line approximately 160 feet long and a west line approximately 200 feet long. Section 2 --The zoning Map of the Town of Wappinger, adopted by the Town Boarcj,odaWagpry 29, 1963 tend being a part of the official said Town of Wappinger Zoning Ordinance is hereby amended in conformity with the foregoing. Section 3. The Amendment shall become effective immediately upon adoption, posting and publishing as prescribed by Town Law. BE IT RESOLVED AND ORDAINED, by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the auth- ority conferred by Article 16 of the Town Law of the State of New York and also in pursuance of Article 9 of the Town Law to the extent applicalbe as follows: Section 1 --The Town of Wappinger Zoning Ordinance, adopted Jan - wary 29, 1963 is hereby amended by re -zoning the following tract of land from R-20 One Family Residential District, to GB General Business, the following gract of land: Lands owned by Margaret Card situate at the northwest corner of the junction of Fowlerhouse Road and U. S. Route 9, being more particularly described as follows: Beginning at the point where the northerly line of Flowlerhouse Road intersects the westerly line of U. S. Route 9, and running 0 thence along the westerly line of said Route 9, nore110 13' east 254.9 feet to a point in the southerly line of now or for- merly Parsons; thence along the said southerly line of Parsons 0 north 89 33' west 210 ffet; thence southerly through lands of Margaret Card approximately 250 feet to a point marking the northwest corner of a .355 acre piece now or formerly owned by Berry; thence along lands of Berry north 82 5o' east 110 feet and south - 54' east 101.23 feet to the norther1i line of Fowler - house Road 135 feet to the point or place of beginning. Section 2 --The zoning Map of the Town of Wappinger, adopted by the Town Board, January 29, 1963 and being a part of the official said Town mof Wappinger Zoning Ordinance is hereby amended in conformity with the foregoing. Section 3. The Amendment shall become effective immediately upon adoption, posting and publishing as prescribed by Town Law The Board voting as follows: Supervisor --Richard H. Linge Aye, Councilman --Wilmer Ifill Aye Councilman--GeorgecRobinson Aye Justice of the Peace----Fincent Francese----Aye Justice of the Peace --William Bulger Aye Attorney Williams reported on an application from the Dutchess Water Corporation for right to form. The request was tabled because there was no one from the coporation present. Motion was made to purchase the Masonic Temple, but Justice of the Peace Bulger asked to have the motion rescinded and held over to the next meeting, due to the fact that they have not had time to look over the contract. Murrill Effron and the Gallo Bros. spoke about the formation of sewerage Distric at Fleetwood. Supervisor Linge said they were trying to get a fair apprata&l. Gallo stated he must have some action in the very near future. Councilman Iffll reported he was waiting for a letter from a con- sulting engineer on this project and would present same to Board with figures as soon as he received it. James Thomann read a request to form the Hill top Water Work Corp., in the Edghhill Manor Area. ]lotion was made by Councilman Ifill and seconded by Justice of the Peace Bulger that the be given consent to form the Hilltop Water Work Corp. Motion carried. Justice of the Peace Bulger requested that the Town adopt an Ordinance covering tige digging of roads by Utilities. Motion was made by Justice of Peace Bulger and seconded by Coun- cilman Robinson that Attorney Williams be requested to draw up an ordinance covering the digging of Town Roads by Public or Private Utilities. Motion carried. Motion was made by Justice of the Peace Bul4er and seconded by Justice of Peace Francese that a letter be written to the Planning Board requesting them to establish standards for sewer and water Districts,both public and private within the Town, including size of pipe and fittings etc. Motion carried. A group complained on the lack of recourse and protection given to V -3\ a home �J on his septic system. They claimed that in many cases the septic System is not as sown on the drawing and it does carry health deparment signatures. Attorney Williams spoke on census for State Aid. He asked the Town to plan for a census in the Spring and to contact the Fed- eral Government in the early fall. Eavid Kofsky reported for the committee on the joint disposal plan for the five local municipalities.Motion was made by Justice of the Peace Bulger and seconded by Councilman Ifill that Supervisor Linge be given permission by the board to attend a meeting of each municipalities top executive/on Monday evening, June 29, 1964. Motion carried. Motion was made by Justice of the Peace Bulger and seconded by Councilman Iffll that Knud Claussen and David Kofdky be given a vote of thanks for the work they have done on this committee. Motion carried. The Quiet Acre Group requested ky the Supervisor to request the County Board of Supervisors to put pressure on the Board o Health to remedy the septic tank situation in Quiet Acres. Motion was made by Justice of Peace Francese and seconded by Justice of the Peace Bulger that the meeting adjourn. Signed L� '9`1 11-2-42-7,-.4„/C Deputy Town Clerk