Township of Marlborough, New york
Town Meetings on CableVision
The Town of Marlborough is pleased to announce that users of Cablevision will now be able to view the Town of Marlborough Public Meetings on Cablevision Channel 21, 10am on Thursdays, beginning January 22nd. This public service is a collaboration between the Town of Marlborough and Cablevision.
Time Warner Cable users can still watch the Town of Marlborough meetings on Channel 23 on Wednesdays at 8pm or Fridays at 7pm.
NO BURNING ALLOWED
Due to the dry conditions, burning of any kind is not allowed in Marlboro and Milton.
Town Board
Town Board Minutes 8/9/2010
PUBLIC HEARING
SUNRISE RIDGE SUBDIVISION DRAINAGE DISTRICT
AUGUST 9, 2010 – 6:30 PM
PRESENT: Supervisor Cerone
Councilman Affuso
Councilwoman Biggin
Councilman Molinelli (arrived at 6:50 pm)
Natalie Felicello, Town Clerk
Supervisor Cerone opened the public hearing on Sunrise Ridge Subdivision Drainage District and gave the public an opportunity to comment.
Marc Reynolds – stated he would like a summary of the project. Supervisor Cerone stated the applicant is currently in front of the planning board and a condition of his planning board approval he is going to need a drainage district. Mr. Reynolds questioned how many units are being proposed. Supervisor Cerone stated it is an eight lot subdivision. Mr. Reynolds questioned where is it located. Supervisor Cerone stated it is off of Ridge Road. Mr. Reynolds questioned how many drainage districts the Town currently has. Supervisor Cerone stated he is not sure of the total number.
Al Lanzetta – questioned where Sunrise Ridge Subdivision is located. Supervisor Cerone stated it is located off Ridge Road.
Motion made by Councilman Affuso to close the public hearing on the Sunrise Ridge Subdivision Drainage District at 7:00 pm. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
FIRST MEETING OF THE MONTH
TOWN BOARD TOWN OF MARLBOROUGH
AUGUST 9, 2010 – 7:00 PM
PRESENT: Supervisor Cerone
Councilman Affuso
Councilwoman Biggin
Councilman Molinelli
Natalie Felicello, Town Clerk
ABSENT: Councilman Pascale
ITEM #1 - Call to Order/Pledge of Allegiance
ITEM #2 - Moment of Silence
ITEM #3 – Motion to approve agenda
Motion made by Councilman Affuso to approve the agenda as written. Motion second by Councilwoman Biggin.
YEAS: 4 NOES: 0 CARRIED
ITEM #4 – Motion to approve minutes of the July 26, 2010 meeting
Motion made by Councilman Affuso to approve the minutes of the July 26, 2010 meeting as written. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
ITEM #5 – Authorize to pay bills
Motion made by Councilman Affuso to authorize payment of bills on Computer Abstract dated August 5, 2010 in the amount of $380,375.62 and the Manual Abstract dated August 2, 2010 in the amount of $12,041.66. Motion second by Councilwoman Biggin.
YEAS: 4 NOES: 0 CARRIED
ITEM #6 – Comments of the Agenda
Al Lanzetta – stated on July 20th he foiled for information about the landscape work for the Main Street grant and received a call from Deputy Supervisor Osborn thanking him for pointing out that the Town needed to follow proper procurement policy. Mr. Lanzetta added he did receive some information on the scope of work, but still did not get answers to the following questions: Who did the scope of work? Where was it advertised? Who responded? Mr. Lanzetta stated the award was given to Mr. Zambito and did the Town get approval from RUPCO on the scope of work ? Supervisor Cerone stated everything was sent up to RUPCO. RUPCO is the one that gave the Town the majority of the money. Mr. Osborn with the assistance of Mr. Zambito helped prepare the scope of work. Supervisor Ceorne stated the first time it was put out, RUPCO informed the Town that they can send out for two quotes. The Town can not do that, they have to follow the Town’s procurement policy. So the Town put the scope together with all the bidding and insurance documents required and asked for three quotes from local contractors (Topseed, Marlboro Mountain, Zambito) Mr. Lanzetta stated Mr. Zambito helped with the scope of work and he received the contract. Supervisor Cerone stated he assisted with the scope of work and had no advantage. Mr. Lanzetta stated this does not seem very ethical.
Mr. Lanzetta questioned if the Town received any comments back from the County regarding the Private Roads, since it is on the agenda this evening. Supervisor Cerone stated the resolution on the agenda is to advertise for another public hearing.
Karen Enomorado – stated she read a comment in the paper that the water might not possibly taste good, but we still do a lot of other things with our water including bathing and showering. Ms. Enomarado stated showering with water that contains toxicants is actually more dangerous than drinking it. Ms. Enomarado added the water will probably be orange in color. That is an immediate concern to the Town. Ms. Enomarado asked the board to consider saying no to River Water. Ms. Enomarado left information for the board to review. Supervisor Cerone stated he does not know who made the comment that it might not taste good. Ms. Enomarado stated it was Supervisor Cerone. Supervisor Cerone stated he said it might not taste the same. This has been on going for a number of years. Supervisor Cerone stated there can be a thousand petitions, a thousand signs throughout the Town saying No to River Water, but if it turns out the River Water is the Town’s only alternative then it’s up to the board. Supervisor Cerone stated he is looking to do the absolute very best for the Town. That has always been his intentions and will always be his intentions. Supervisor Cerone stated the orange water the Ms. Enomarado is referring to, the engineers pointed that is because it will be coming from the North versus coming from the South. There will be some scaling issues that can all be treated and taken care of.
Mici Simonofsky – questioned what is the Town trying to negotiate or come to an agreement with the Town of Lloyd. Supervisor Cerone stated he is looking at staying with the Town of Newburgh providing the Town continues to get water through the Delaware Aqueduct and is also looking at going with Lloyd providing the Town does not get water from the Delaware Aqueduct. Ms. Simonofsky stated her understanding was that Lloyd would be a back up not a primary supply. Supervisor Cerone stated both. It can turn out to be a primary supply if the aqueduct goes down and the Town has no water coming from the South, and it might end up that we take water from Lloyd and feed Newburgh. Ms. Simonofsky questioned when the public can expect to have a public information meeting. Supervisor Cerone stated when he feels he has enough information to present to the public.
Al Lanzetta – questioned if the Town tried to look for their own wells up at the Reservoir. Supervisor Cerone stated it is very costly without knowing what you are going to find. Supervisor Cerone stated they did test the one well on Mountain Road and it was not supplying enough water.
ITEM #7 – Public Presentations
A) Mr. John Noto – drainage issues on Lyons Lane – Mr. Noto stated he has had an ongoing problem with drainage approximately a year and a half. He has addressed Mr. Lanzetta, Supervisor Cerone, board members, and Highway Supt Appler and is getting no where. Mr. Noto stated about two weeks ago he got a smack in the face because the Highway Dept went up the road from him and replaced two culverts, extended the culvert across from his driveway, but can not fix the culvert on his driveway. Mr. Noto added he spoke to the DEC and his Attorney and has it stands right know the Highway Dept is directing the water, so it is their responsibility to take care of where they are directing it to which is right across his property. His attorney advised him if it wants to now because the Town has directed the water and they won’t solve the problem, he has the right to cap the pipe and where ever the water goes it goes. Mr. Noto stated Mr. Appler refuses to fix the pipe and does not know why and would like an answer. If the pipe does not get fixed, Mr. Noto will start the process legally through his attorney and the DEC. Mr. Noto stated he has a list for the last two years where culverts have been repaired on Lyons Lane: 49 Lyons Lane, 62 Lyons Lane, Corcoran Drive, 40 Lyons Lane, 129 Lyons Lane .
Highway Supt. Appler stated Mr. Noto can challenge it in court all he wants to. Mr. Appler added when the subdivision was put in, it looks like the Board of Health made it get piped through their so they could get the building lots to avoid a septic problem, so it is a private property maintenance. Mr. Noto brought the property 10 to 12 years ago and inherited that pipe that runs through their. Highway Supt Appler stated it is a private property maintenance issue and not on the road right of way. The Highway Dept does not have any thing to do with it and Mr. Noto has to fix the problem him self. Supervisor Cerone questioned if the Town put the pipe in.
Highway Appler stated it was put in by the developer. Mr. Noto stated the pipe was installed in 1976 by Noto Excavating and the pipe was supplied by Rocky Carofano who was the Highway Supt at the time.
Councilwoman Biggin questioned if Lyons Lane is a road of prescriptive use. Highway Supt Appler stated Lyons Lane is a road by use. Councilwoman Biggin questioned if there was a Town right of way. Highway Supt Appler stated if there is driveway pipe within the Town right of way than the Highway Dept will replace it. Councilwoman Biggin questioned if Mr. Notos’ driveway pipe is within the town’s right way. Highway Supt Appler stated no it is probably 30 feet from the right of way. Mr. Noto stated it is approximately 50 to 60 feet from the center of the road. Councilwoman Biggin stated one of the issues with private roads is there has to be an easement for the town to go in and maintain a privately owned pipe. Supervisor Cerone stated they will look into this matter further.
ITEM #8 – Report of departments
A) SUPERVISOR – Christopher Cerone – Motion made by Councilwoman Biggin to allow the Supervisor to discuss the traffic signal at the Marlboro Elementary/Middle School with the Town Attorney. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
B) TOWN CLERK – Natalie Felicello
Town Clerk Monthly Report
July 1, 2010 – July 31, 2010
Conservation 4
Dog License
New 11
Renewals 47
Landfill Fees
T/S Permits 36
T/S Punch Cards 71
Marriage Licenses 1
Misc Fees
Accident Reports 3
Certified Copies 12
Dog Warden 1
Foil requests 2
Minor Sales 3
Park Fees 4
TOTAL MONTHLY RECEIPTS $7,261.92
C) HIGHWAY SUPERINTENDENT – Gael Appler, Sr .
HIGHWAY SUPERINTENDENT
Town of Marlborough
1650 Rt. 9W, P.O. Box 305
Milton, New York 12547
GAEL R. APPLER, SR Home: (845) 795-2469
Superintendent of Highways Office: (845) 795-2272
Supervisor Cerone
Monthly Report for July 2010
ROADS: We replaced three lengths of guard rail on Old Indian and Green Tree that was damaged by a vehicle. The bill for this was submitted to the insurance company for reimbursement. We also repaired another section of guard rail on Ridge Road. We had to paint over some graffiti on Bingham Rd. and replaced 9 vandalized street signs on Bingham Rd., Hampton Rd. and Reservoir Rd. and advised County DPW of 4 vandalized signs on Plattekill Rd. We did blacktop repairs on Paula Dr. and Evy Lane. We started blacktopping our Town roads. These were New Rd., Apple Blossom, Stuart Dr., Cross Rd., Billesimo, Concord and Wildflower. This took us 5 working days and 4501 tons of asphalt. We were assisted with trucks from Lloyd, Plattekill, Esopus and New Paltz. We replaced a vandalized speed limit sign on Mountain Rd. and covered over graffiti painted on Mt. Zion Rd. We replaced a driveway pipe on Jackson Ave and one on Highland Ave. We also replaced a driveway pipe on Lyons Lane. We had to repair a sink hole on Main Street, Milton.
TOWN PARK: We took the flail mower up to the Park and cut the brush off the bank by the parking lot.
SHARED SERVICES: We assisted New Paltz with two trucks for 2 days hauling blacktop.
WATER DEPARTMENT: We mowed the reservoir area for the Water Department. We repaired a road cut for WD at 9w/Mahoney. We assisted WD with repairing a break on Birdsall Ave. We assisted WD with repairing a break on Church St. We repaired WD road cuts on Birdsall, Church St., Old Indian, South Rd. and North Rd.
FUEL USEAGE: Gas: 325.2 gallons; Diesel: 1,960.9 gallons
Gael R. Appler, Sr.
Highway Superintendent
D) POLICE CHIEF – Stephen Fajfer
Activity Summary for the Month of July 2010
MOTOR VEHICLE ACCIDENT July 10 Yr. date 10
Personal injury 2 30
Fatal 0 0
Property Damage 6 72
Report Not Required 3 31
Total 11 136
SUMMONSES ISSUED
Vehicle and Traffic 140 1887
Parking 0 7
COMPLAINT ACTIVITY
Total Blotter Entries 442 2626
Total Arrests 39 199
TOTAL TELEPHONE CALLS 1605 11639
POLICE DEPARTMENT OVERTIME HOURS payroll 15 & 16
Full Time Officer Overtime 57.40 444.55
Part Time Officer Overtime 73.20 617.25
Full Time Dispatchers Overtime 5.15 24.40
Part Time Dispatchers Overtime 36 112
Police Mileage 12969 82434
E) WATER SUPERINTENDENT – Charles Muggeo
MONTHLY REPORT FOR JULY
Water consumption totaled 15, 800,000 that is a daily usage of 509,420
SUMMARY FOR THE MONTH:
We started the month by mowing the Reservoir with the help of the Highway Dept. We had to rebuild hydrants on Dock Rd, New Rd, and North Rd. Repainting of hydrants have been taking place, different colors have been being used to determine gallons per minute, recommended by the NFPA. Two water main breaks had to be repaired one on Birdsall Ave and Church St. Sewer maintenance had to be done on Jackson Ave and 9W. Our Pressure Reducing Valves had to be tested, repairs where made on some of the valves. New taps where done on North Rd. and Prospect Street. Wireless meters are still being installed.
MARKOUTS: 20
CLOSINGS: 2
Gallons of Gas: 170
Gallons of Diesel: 15
Mileage for the Month: 1300
E) BUILDING INSPECTOR – George Salinovich – report read by Code Enforcement Thomas Corcoran
July Monthly Report
CERTIFICATE OF OCCUPANCY 12
REQUEST FOR INFORMATION 10
MOBILE HOME PERMITS 1
ORDER TO REMEDY 6
COMPLAINTS 7
BUILDING EXTENSIONS 2
FIRE INSPECTIONS 6
BUILDING PERMITS 35
3 ONE FAMILY 1 MOBILE HOME
1 TWO FAMILY 1 SALON
3 ADDITIONS/RENOVATIONS 1 3 SEASON ROOM
5 DECKS/STAIRS 13 POOLS/HOT TUB
2 SHED 3 GARAGE
1 SIGNS
ESTIMATED COST OF BUILDINGS $394,389.00
CERTIFICATE OF OCCUPANCY $600.00
REQUEST FOR INFORMATION $600.00
BUILDING EXTENSIONS $200.00
BUILDING PERMITS $3451.00
TOTAL MONTHLY RECEIPTS $4851.00
G) WASTEWATER TREATMENT FACILITY – Anthony Falco – No Report
H) DOG CONTROL OFFICER – James Meyer – No Report
I) ASSESSOR – Cindy Albrechtsen – No Report
J) PLANNING – Joe Porco – No Report
K) JUSTICE DEPARTMENT – No Report
ITEM #9 Old Business
A). Train Station – Bid opening August 18, 2010 at 2:00 pm
B). Verizon Tower /2004 – no new information
C). Town Hall improvements/relocation /2006 – no new information
D). Stand Pipe/2004 – no new information
E). Employee Handbook/Job description – Supervisor Cerone will redraft the document
F). Ashlyn Drive/McLaughlin Drive/Robin Drive – Marlboro Mountain awarded bid
G). Water supply/2008 – on going conversations with the Town of Newburgh, Town of Lloyd and the engineers.
H). Milton River front project – resolution to award bid
I). Curfew Law – waiting to hear back from the Town Attorney
J). Riverview Drive – MH&E performed core sampling on Riverview Drive, and came back that there is no sub base on Riverview Drive. MH&E will prepare a cost estimate as to what the road will cost and what the infrastructure for the sewer will cost.
K).Design Standards/Cluster Code/Town House-Condo Zero lot line – on going
L). Street Lights on Lu El Ann Drive – Supervisor Cerone contacted developer Richard Shulkin requesting he finish the road and get it dedicated to the Town.
M). Justice Court Audit – on going
N). Special Use Permit/Home Occupations Uncollected Fees – will be discussed during budget time
O). Ambulance Service Agreement – Supervisor Cerone and Councilman Affuso will meet with Mobile
Life to review the 2011 contract.
P).Cemeteries – no new information
Q). Roca Water District Extension/McGoey Hauser & Edall & VanDeWater – no new information
R). Brody Water District Extension/Brinner and Larios & Bonacic – no new information
S), Zoning Change Dock Rd DMK Development-sent to County/VanDewater and McGoey- no new information
T). Bayside Zoning Change-sent to County/vandewater and McGoey – Supervisor Cerone distributed copies of the Comments received from the Ulster County Planning Board to board members to take those comments into consideration when moving forward.
U). Special Prosecutor for Town Court – Supervisor Cerone will set up a meeting with both Justices (Pagano & Gallagher) and Attorney Trapani.
V). Sunrise ridge Subdivision Drainage District/Vandewater – public hearing closed this evening
W). Local Law #7 Streets and Sidewalks – resolution to re advertise for a public hearing on Monday, August 23, 2010 at 6:30 pm.
X). Board of Assessment Review – waiting to hear from Jeff Magliato to see if he is still interested in being reappointed.
Y). Grey Stone Programs – Motion made by Councilman Affuso to remove Grey Stone Programs from the agenda. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
ITEM#10 New Business
A). Bo Aurigemma Memorial Tournament – Waive of Park Rental Fee for Sept. 4th. – Motion made by Councilman Affuso to waive the fee for the pavilion rental on Sept 4th. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
B). Pest Control Service – Awarded to Cappillino Pest Control - $250.00
C). 3-ON-3 Basketball Tournament at the Park – Sept. 4th – 5th 8:30 am – 10:30 am.
D). Pavement Markings – motion to pay the bill in the amount of $1,124.70. – Motion made by Councilman Affuso to pay the bill for the pavement markings in the hamlet of Marlboro in the amount of $1,124.70. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
E). Motion to have the Town Board declare itself lead agency for SEQRA for the Bayside
zone change. – Motion made by Councilman Affuso to allow the Town Board to declare itself lead agency for SEQRA for the Bayside Zone change. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
F). Motion to add the Marlborough Waste Water Treatment Plant Chlorinator Project to the
old Business. – Motion made by Councilwoman Biggin to add the Marlborough Waste Water Treatment Plant Chlorinator Project to old business. Motion second by Councilman Molinelli
YEAS: 3 NOES: 1 (Councilman Affuso) CARRIED
G). POD Removal – Spoke to the employees and we decided to remove the POD and save the taxpayers $1,900.00 annually by storing its contents @ T.O.M.V.A.C.
ITEM #11 – CORRESPONDENCES
Supervisor Cerone read all correspondences
Motion made by Councilman Affuso to waive the fee for the rental of the pavilion for the educational workshop
On Thursday, September 16th from 4-7pm. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
Motion made by Councilman Affuso to waive the fee for the rental of the pavilion for the Building Inspectors annual picnic on Wednesday, August 25th. Motion second by Councilman Molinelli.
YEAS: 4 NOES: 0 CARRIED
ITEM #12 – Public Comment
James Garofalo – stated prior to the Public Hearing on Local Law #7 Streets and Sidewalks can the Town put the code on the web site. Supervisor Cerone stated he will get someone to do that.
Mici Simonofsky – questioned if the state is waiting a response from Judge Pagano or are the judges waiting for the state to reply to their response. Councilman Molinelli stated the state is waiting their response.
Ms. Simonofsky stated she attends the yoga classes at the Town Park on Saturday Mornings, and on three different occasions the stage was being used. Ms. Simonofsky added if there is a conflict to notify the yoga instructor so she has more than enough time to find an alternate site.
Ms Simonofsky stated when she was on the board the members of the recreation committee specifically Mr. Andola had made a lot of efforts and volunteered to assist in refurbishing the pavilion. Supervisor Cerone stated he met with Mr. Andola and Mr. Walters at TOMVAC and there is some equipment there that can be used at the park. Supervisor Cerone added he also meet with the school district to get the walking coolers the school was replacing, but the problem was the modular unit coolers where so old that the keys where stripped out and could not be reused. The Town is looking into alternatives.
Marc Reynolds – questioned what input did Mr. Zambito have with Deputy Supervisor Osborn in preparing the scope of work for the Landscaping contract at the Milton River front Park. Supervisor Cerone stated Mr. Zambito took a ride down to the park with Deputy Supervisor Osborn to see what they can come up with. Deputy Supervisor Osborn had a lot of ideas and just wanted Mr. Zambito to put it on paper so it could be send to everybody including Mr. Zambito if he wanted to bid on it. Supervisor Cerone stated there was no collusion or nothing unethical. Supervisor Cerone stated Deputy Supervisor Osborn just wanted to get the quantities of what the Town should look for and what Mr. Zambito though would look nice down there. Mr. Reynolds stated what seemed to be brought up earlier was perhaps the appearance of impropriate. Supervisor Cerone stated he does not see it. Everything is done above board and everything is public. Mr. Zambito still has to buy all the stuff, provide the labor and certified payroll. Supervisor Cerone thanked Mr. Zambito for assisting Deputy Supervisor Osborn in coming up with a plan that will greatly benefit this community.
ITEM #13 - Resolutions
August 9, 2010
A). Resolution #100 To appoint part time dispatcher
Supervisor Cerone proposes the following:
Whereas, the Police Committee has interviewed for the position of part time dispatcher, and
Whereas it is the recommendation of the Police Committee as well as Chief of Police to appoint William Johosky.
Now therefore be it resolved that William Johosky be appointed as part time police dispatcher effective immediately contingent upon a back ground check.
And moves for its adoption
Councilman Affuso YES
Councilwoman Biggin YES
Councilman Molinelli YES
Councilman Pascale ABSENT
Supervisor Cerone YES
August 9, 2010
B). Resolution #101 To reintroduce Local Law #7 Amending section 130-14-16 Chapter 130 Streets and Sidewalks
Supervisor Cerone proposes the following:
is amended as follows:
Section_1. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to delete subsections A, B, C and D and E.
Section 2. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to renumber subsection F to become A and to amend such subsection as follows:
A. Add a new first sentence which provides as follows: “A ‘private road’ shall be defined as a right of way for vehicular traffic, privately owned and maintained as an access way for lots or parcels.”
B. Add a new second sentence which provides as follows: “The Planning Board, at its discretion, may approve the use of private roads to serve subdivisions or multi-family residential developments, including condominium or townhouse projects.”
C. Replace the word “subdivision” with the phrase “subdivision or multi-family residential development, including a condominium or townhouse project.”
Section 3. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to renumber subsection G to become B and to amend such subsection to provide as follows: “The owner of any lot or parcel that abuts an approved private road shall be the fee owner to the centerline of the private road along the full width of the lot or parcel. A proposed easement as necessary to provide for ingress, egress and/or access to and over a private road for all parcels on the private road shall be submitted to the Planning Board for review and approval by the Planning Board attorney prior to granting of final approval for any subdivision or site plan application containing a private road.”
Section 4. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to renumber subsection H to become C.
Section 5. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to renumber subsection I to become D and to amend such subsection as follows:
A. Add new sentences to sub-subsection (2) which provide as follows: “A proposed private road maintenance agreement shall be submitted to the Planning Board for review and approval by the Planning Board attorney prior to granting of final approval for any subdivision application containing a private road. The private road maintenance agreement shall require the maintenance of all aspects of the private road, including, but not limited to, snowplowing, sanding, pavement repairs, maintenance and cleaning of drainage structures and mowing and shall provide that such maintenance shall be the responsibility of the owners of the private road. Such private road maintenance agreement shall further provide for an annual safety access inspection for fire and emergency services. Private road maintenance agreements shall not prohibit future modifications to allow for extensions or upgrades to the private road. A copy of the private road maintenance agreement shall be filed with the Town of Marlborough Building Department and Ulster County Clerk.”
B. Add a new sentence to sub-subsection (3) which provides as follows: “In the event a private road is dedicated to the Town of Marlborough, the front lot line of all parcels adjacent to such road shall be located at least twenty-five (25) feet from the centerline of the road.”
C. Add a new sub-section (4) which provides as follows: There shall be adequate provision for maintenance of private roads serving multi-family residential developments, including condominium or townhouse projects, by means of an acceptable home-owners association or similar entity.
Section 6. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to renumber subsection J to become E and to amend such subsection as follows:
A. Add the word “road” between the words “private” and “shall” in the introductory paragraph.
B. Sub-subsection (1) is amended to provide as follows: “The maximum permitted length of a private road to serve a proposed subdivision or multi-family residential development, including a condominium or townhouse project, shall be determined by the Planning Board upon a finding that such maximum length would not be detrimental to the public health, safety, welfare and general convenience.” Sub-subsection (3) is amended to provide as follows: “Said private road will have a base course
which conforms to the requirements for a minor road as set forth in this chapter.”
C. Sub-subsection (4) is amended to replace the word “A” with the phrase “The paved portion of a” and to replace the number “18” with “24.”
D. Sub-subsection (6) is amended to add a new sentence which provides as follows: “The maximum length of a private road which ends in a cul-de-sac shall not exceed two thousand (2,000) feet.”
Section 7. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to include a new subsection F entitled “Road plan for private roads.” which subsection provides as follows:
A. A plan of the proposed private road shall be included in the subdivision plat or site plan and shall be prepared by a qualified professional engineer and/or qualified land surveyor licensed by the state of New York for such design functions. The plan shall clearly define the limits of the proposed private road and any necessary easements by metes and bounds and shall include the location, widths, profiles and grades of the proposed roadway, storm drainage, including culverts and other drainage structures and the location of all utilities.
B. Provisions for drainage and storm water management shall be a part of the engineering plan for construction of the private road. No drainage districts shall be formed for the maintenance of such drainage facilities. In the event one or more retention ponds are included in such plans, their
maintenance and the cost of such maintenance shall be included in the private road maintenance agreement required for the private road.
C. Plans for private roads approved by the Planning Board shall not be altered without resubmittal and approval of the Planning Board.
Section 8. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to include a new subsection G which provides as follows: “Private road construction completion. If the Planning Board shall authorize the construction of a private road in accordance with the standards set forth in this chapter, said private road shall be completed prior to the issuance of any building permit(s) for the approved subdivision plat or site plan, except as provided below in this sub-section. Construction of the private road shall be completed within thirty-six (36) months, or three (3) years, of the date of final approval of the subdivision plat or site plan. Failure to complete construction within such time will require a new application and review by the Planning Board. The Planning Board, at its discretion, at the time of approval, may allow for issuance of a maximum of one (1) building permit prior to completion of the private road. The posting of a performance security in lieu of such construction completion is prohibited.”
Section 9. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to include a new subsection H entitled “Inspection, escrow and certification.” and which provides as follows:
A. The construction of the private road must be inspected by the Town Engineer & Superintendent of Highways.
B. An initial escrow to cover the costs of such inspection must be established in the amount of $5,000.00, which escrow shall not be allowed to fall
below the amount of $1,000.00 and which shall be replenished to an amount agreed upon between the applicant and the Town Engineer.
C. Upon completion of the private road, the applicant shall provide a certification to the Town by a professional engineer and/or licensed land surveyor, in writing, stating that this authorized representative has inspected all phases of the road construction and that that the construction of the private road has been completed in accordance with the approved plans and specifications in a workmanlike manner.
Section 10. Section 130-14.16, Private Roads, of Chapter 130 of the Town Code is amended to include a new subsection I entitled “Pre-existing private roads.” and which provides as follows:
A. Private roads pre-existing the adoption of Local Law No. _8__ of 2010 which have a right-of-way width of greater than twenty-five (25) feet and a surface suitable for travel of at least sixteen (16) feet in width may be extended in length. Such extension shall meet all of the requirements of this chapter for a private road, including recording of a private road maintenance agreement. Pre-existing private roads which do not meet the standards of this sub-section may not be extended.
B. Undeveloped parcels of land fronting on a private road, pre-existing the adoption of Town of Marlborough Local Law No. 8 of 2010, whether or not the pre-existing private road is improved to the standards set forth in this section, may be used, developed or subdivided without obstacle or impediment resulting solely from location on the pre-existing private road.
This opportunity is subject to whatever private constraints exist as a function of landowner agreements concerning the pre-existing private road.
Section 11. Chapter 130 of the Town Code is amended to include annexed new Attachment 1:13 entitled “ROAD SPECIFICATIONS FIGURE 7 Typical Cross Section, Private Road.” Section 12. This Local Law shall take effect immediately upon filing with the Secretary of State.
Supervisor Cerone advised the Town Board that, pursuant to the Municipal Home Rule Law of the State of New York, it will be necessary to hold a public hearing upon this local law. WHEREAS, Supervisor Cerone has introduced this local law for the Town of Marlborough, to be known as Local Law No.7 of 2010, A LOCAL LAW OF THE TOWN OF MARLBOROUGH, ULSTER COUNTY, NEW YORK AMENDING SECTION 130-14.16 OF CHAPTER 130, STREETS AND SIDEWALKS, OF THE TOWN CODE.
RESOLVED, that a public hearing be held in relation to the proposed changes as set forth in the form of notice, hereinafter provided, at which hearing parties in interest and citizens shall have an opportunity to be heard, to be held at the Town Hall, 1650 Route 9W, Milton, New York on August 23, 2010, at 6:30 o'clock p.m., Prevailing Time, and that notice of said meeting shall be published in the official newspaper of general circulation in the Town of Marlborough, by the Town Clerk, at least five (5) days before such hearing and that such notice shall be in the same or similar following form:
NOTICE OF PUBLIC HEARING
TAKE NOTICE, that the Town Board of the Town of Marlborough will hold a public hearing at the Town Hall, 1650 Route 9W, Milton, New York on August 23, 2010 at 6:30 o’clock, p.m., prevailing time, on proposed Local Law No. 7 of the Year 2010, AMENDING SECTION 130-14.16 OF CHAPTER 130, STREETS AND SIDEWALKS, OF THE TOWN CODE, REGARDING PRIVATE ROADS.
TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of Marlborough, at the aforesaid Town Hall between the hours of 8:00 a.m. to 12:30 p.m. and 1:30 p.m. to 4:00 p.m. on all business days between the date of this notice and the date of the public hearing.
TAKE FURTHER NOTICE, that all person interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid.
DATED: Milton, New York
August 9, 2010
NATALIE FELICELLO, TOWN CLERK
The foregoing resolution was duly put to a vote which resulted as follows:
Supervisor Cerone YES
Councilman Affuso YES
Councilman Molinelli YES
Councilwoman Biggin YES
Councilman Pascale ABSENT
DATED: Milton, New York
August 9 , 2010
NATALIE FELICELLO, TOWN CLERK
S:\WPDOCS\Marlborough, Town of (10244)\LOCAL LAWS\2010\Private Roads - Ch. 130\08.06.10 Clean Resolution of Introduction.doc
August 9, 2010
C). Resolution #102 To Award Landscaping Contract for work at the Milton Riverfront Park
Supervisor Cerone proposes the following:
Whereas, bids for the Milton Riverfront Park were received and opened on August 3, 2010
Be it resolved that the following be awarded:
Phase I
Zambito Landscaping and Lawn Maintenance
Idlewild Rd, Marlboro NY 12542
In the amount of $12,805.00
Phase II
Zambito Landscaping and Lawn Maintenance
Idlewild Road, Marlboro NY 12542
In the amount of $9,035.00
And moves for its adoption
Councilman Affuso YES
Councilwoman Biggin YES
Councilman Molinelli YES
Councilman Pascale ABSENT
Supervisor Cerone YES
ITEM #14 – Adjournment
Motion made by Councilman Molinelli to close the meeting at 8:35 pm. Motion second by Councilman Affuso.
YEAS: 4 NOES: 0 CARRIED
Respectfully submitted,
Natalie Felicello
Town Clerk
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