seeking election or re-election should research what the community wants. Marie Zarcone questioned whether the board’s apparent reluctance to lower the weight limit was related to the transfer of garbage out of town and said, "The board needs to hear what people are saying."
Hitting on a question that had yet to be addressed, board member Mary Ellen Lent asked if any of the trucks seen in the photos presented would be allowed on the road under a 20-ton limit. When Anderson answered none, except for local deliveries, Lent said, "I don’t think anyone thinks the trucks in the photos are appropriate. However, I do have to be concerned with all residents of this town."
It was near the end of the two-hour meeting that Town Supervisor Charles "Chick" Anderson finally arrived at the solution that both the town board and the residents found acceptable. Agreeing with Lent that traffic restrictions would affect more than just the residents of the two roads, Anderson presented the example that standard delivery trucks from Pidala Oil and Synergy Gas weigh 18-1/2 tons and 17-1/2 tons, respectively, when fully loaded. These types of trucks are used to deliver to residents throughout Putnam Valley. Saying, "I want to do something, but we have to look at more than the needs of 30, 40, or 50 residents." Anderson asked the town’s attorney, Will Madonna, to define "local deliveries" in the broadest legal sense.
Madonna responded, "‘Local’ means along the road you’re traveling on."
Anderson then asked Madonna, "If we made a recommendation to go ahead with a 10-ton limit and said local deliveries only, and then defined local deliveries as within the town boundaries, would we be okay?" Madonna answered that if the law were challenged in Federal and/or state court, the town would probably not prevail.
When Anderson asked whether the town would be allowed to rescind the law without incurring any penalties if it was challenged in court, Madonna responded yes.
With that said, Anderson suggested that the scope of the term "local deliveries" be expanded from its usual definition to include all of Putnam Valley. Addressing two major issues, Anderson made two pledges. He said Dennytown and Canopus Hollow Roads will go to a 10-ton weight limit with the local (i.e., Putnam Valley) delivery exception and, "if I am in office," Dennytown Road will not be used for garbage transport out of town.
The modified definition of local deliveries seemed to meet with everyone’s approval, although several comments were then offered that enforcement would be an issue. The meeting was briefly adjourned to executive session to discuss details of the law. A representative of the Sheriff’s Department asked to join the session.
When the meeting reconvened, Anderson explained that since Wednesday night’s meeting was only a public hearing, the board could not pass a law right then because no notice of a Special Meeting was posted. He said that although another public hearing to announce the proposed law is legally required, it will be held immediately prior to the October 20 town board meeting, at which the law will be passed.
Anderson then announced that he probably will recommend a study to identify areas of the roads that need safety improvements. He noted that he has asked the state DOT to assist with this process. If the DOT agrees, the study will be a shared service. If not, the town will have to contract with an engineer for the study. Anderson said he has received one estimate of $10,000 for a study of this type. The meeting was then adjourned.
Responding to a question about enforcement, Anderson noted that the Sheriff’s Deputy who joined the executive session had said if the town passes a law, the department will enforce it. There are currently only three Sheriff’s cars assigned to the western half of the county. One is dedicated to Putnam Valley, one is dedicated to Philipstown, and the third is shared between the two towns.
When asked if he was pleased with the results of the meeting, Anderson told the PCN&R, "I think it was a working session. We had some concerns, they had some concerns; and we ironed them out. I think the fact that we can make townwide local deliveries made it do-able."
The expansion of the definition of "local deliveries" was obviously a concern for the town’s attorney Will Madonna, who made it clear that the broadest legal definition is limited to the road being traveled upon. Following the meeting, Madonna said it was his responsibility to ensure that the town’s representatives make informed decisions about issues such as this. He refused to speculate on the likelihood of the law being challenged, saying only, "The law will be drafted to conform with Federal, state, and local statutes."
