2007-124CK�1�'1
2007-124
Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk
District
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 25,
2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Joseph P. Paoloni
Maureen McCarthy
Vincent F. Bettina
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the written Petition of Cranberry Hills LLC dated May 30th, 2007, executed
by Glickenhaus Doynow Wappingers LLC, an authorized member of Cranberry Hills LLC,
Petitioner, has been presented to and filed with the Town Board of the Town of Wappinger, New
York, requesting the approval of a sidewalk district to be known as the "CRANBERRY HILLS
SIDEWALK DISTRICT", which is more particularly described in the attached Map, Plan and
Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin &
Del Bene, LLP, and filed in the office of the Town Clerk; and
WHEREAS, Cranberry Hills LLC is the owner of 100% of the property contained in the
proposed sidewalk district; and
WHEREAS, the properties to be included within the CRANBERRY HILLS
SIDEWALK DISTRICT consist of those properties described in Exhibit "A" attached hereto and
hereby incorporated herein; and
WHEREAS, the Map, Plan and Report entitled "Map, Plan and Report for the
`Cranberry Hills Sidewalk District"', dated May 22nd, 2007, and relating to the establishment of
the proposed sidewalk district, was prepared by Paggi, Martin & Del Bene, LLP, duly licensed
civil engineers of the State of New York; and
WHEREAS, the aforementioned Map, Plan and Report, has been duly filed with the
Town Clerk, and has been prepared in a manner and in such detail that this Town Board has
determined that said Map, Plan and Report is in accordance with the requirements of Article 12
of the Town Law; and
WHEREAS, the improvements proposed consist of the construction and maintenance of
a sidewalk system (and curbs) to serve the properties within said district in accordance with
certain plans incorporated in the Map, Plan and Report and which is hereby approved and
adopted by this Town Board and is now on file in the office of the Town Clerk; and
WHEREAS, the Petitioner, Cranberry Hills LLC, shall construct said sidewalk system at
its own expense and once the sidewalk improvements (including curbs) required for a given
1 subdivision phase have been properly constructed to the satisfaction of the Town, the sidewalk
improvements (including curbs) in such subdivision phase shall be transferred to the Town of
Wappinger and/or the Cranberry Hills Sidewalk District at the same time as the proposed roads
and rights of way for a subdivision phase are transferred without any cost to the Town, and all
costs and expenses occasioned by the creation of this District shall be borne by the Petitioner,
Cranberry Hills LLC; and
WHEREAS, Cranberry Hills LLC shall install all sidewalk improvements (including
curbs) referenced in the Map, Plan and Report and dedicate same to the District upon completion
thereof for a given subdivision phase at the same time as the proposed roads and rights of way
for a subdivision phase are transferred; and
WHEREAS, the improvements to be constructed for the CRANBERRY HILLS
SIDEWALK DISTRICT shall consist of 16,070± linear feet (3.04± miles) of four (4') foot wide
concrete sidewalk and 38,016± linear feet (7.2± miles) of eighteen (18") inch high concrete curb
with six (6") inch reveal as set forth in the Map, Plan and Report; and
WHEREAS, the maintenance of all sidewalk, curbs and incidental improvements and
expenses in connection therewith is more fully described in the Map, Plan and Report
hereinbefore described; and
WHEREAS, following the aforementioned Petitioner's construction and dedication of
the improvements to the Town, the cost of and for maintaining the District shall be assessed,
levied, and collected from the several lots and parcels of land within said district in proportion to
the benefit which each lot and parcel of land in said district will derive therefrom as set forth in
the Map, Plan and Report; and
i%, WHEREAS, the Map, Plan and Report, including an estimate of costs has been prepared
in such manner and in such detail as has theretofore been determined by the Town Board of the
Town of Wappinger, Dutchess County, New York, relating to the establishment of the proposed
Sidewalk District of the Town of Wappinger, Dutchess County, New York, to be known as the
CRANBERRY HILLS SIDEWALK DISTRICT; and
WHEREAS, the maximum estimated cost of said improvements to the Town is $0; and
WHEREAS, there are no start up fees proposed to the typical property in the
CRANBERRY HILLS SIDEWALK DISTRICT; and
WHEREAS, the estimated cost of the CRANBERRY HILLS SIDEWALK DISTRICT
for the first year budget will be approximately $23,200, resulting in a cost to the typical property
therein, equally divided among 232 lots of One Hundred and 00/100 Dollars ($100.00) per lot;
and
WHEREAS, a detailed explanation of the manner by which the computations for the
estimated first-year costs to the typical property in the CRANBERRY HILLS SIDEWALK
DISTRICT is contained within the aforesaid Map, Plan and Report which has been filed in the
office of the Town Clerk where the same is available during regular office hours for examination
by any person interested in the subject manner thereof; and
WHEREAS, the Town Board determines that the creation of this Sidewalk District is a
Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of the Town of
Wappinger, and, accordingly, the Town Board hereby expressly determines that this action is not
an action that requires review pursuant to the provisions of the New York State Environmental
Quality Review Act (SEQRA) or pursuant to Chapter 117 of the Code of the Town of Wappinger
or pursuant to 6 NYCRR Park 617; and
WHEREAS, it is now desired to call a public hearing upon the question of the
establishment of the CRANBERRY HILLS SIDEWALK DISTRICT, all pursuant to §209-d of
the Town Law.
NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of
Wappinger, Dutchess County, New York as follows:
1. Recitations Incorporated. The recitations above set forth are incorporated in this
Order as if fully set forth and adopted herein.
2. Public Hearing. The Town Board hereby determines that a meeting of the Town
Board of the Town of Wappinger, Dutchess County, New York, shall be held at the Town Hall,
20 Middlebush Road, Wappingers Falls, New York, in said Town, on the 19th day of July, 2007
at 6:45 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the
establishment of the CRANBERRY HILLS SIDEWALK DISTRICT described in the preambles
hereof and to consider the Map, Plan and Report filed in relation thereto, and to hear all persons
interested in the subject matter thereof concerning the same, and for such other action on the part
of said Town Board as may be required by law or as shall be proper in the premises.
3. Posting. The Town Clerk is hereby authorized and directed to cause a copy of this
Order to be published once in the Southern Dutchess News, the official newspaper of the Town,
and the Poughkeepsie Journal, the first publication thereof to be not less than ten nor more than
twenty days before the day set herein for the hearing as aforesaid, and said Town Clerk shall also
cause a copy thereof to be posted on the sign -board of the Town maintained pursuant to
Subdivision 6 of Section 30 of the Town Law and to send, by first class mail, a copy thereof to
each owner of taxable real property within the proposed CRANBERRY HILLS SIDEWALK
DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than
ten nor more than twenty days before the day set for the hearing as aforesaid.
4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
6/25/2007
The Resolution is hereby duly declared adopted.
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J6" C STERSON, TOWN CLERK