2007-126C
i 2007-126
v`r
Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Street
Lighting 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 25th
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 lighting district to be known as the "CRANBERRY HILLS
STREET LIGHTING DISTRICT", which is more particularly described in the attached Map,
Plan and Report for the Cranberry Hills Subdivision dated June 1St, 2007, prepared by Paggi,
Martin & Del Bene, LLP, 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 lighting district; and
WHEREAS, the properties to be included within the CRANBERRY HILLS STREET
LIGHTING 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 Street Lighting District", dated June 1St, 2007 and relating to the establishment
of the proposed lighting 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 lighting system (light fixtures, lamp posts, fixtures, brackets, photocells, refractors,
glass/plastic globes, bulbs, wiring, conduits, etc.) within the rights of way 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 lighting system at
its own expense and once the lighting facilities required for a given subdivision phase have been
properly constructed to the satisfaction of the Town, the lighting facilities shall be transferred to
the Town of Wappinger and/or the Cranberry Hills Street Lighting District, at the same time as
the new roads and sidewalks within a phase are conveyed, 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 improvements referenced in the Map,
Plan & Report and dedicate same to the District upon completion thereof at the same time as the
new roads and sidewalks within a phase are conveyed; and
WHEREAS, the improvements to be constructed for the CRANBERRY HILLS
STREET LIGHTING DISTRICT shall consist of light fixtures, lamp posts, fixtures, brackets,
photocells, refractors, glass/plastic globes, bulbs, wiring, conduits, etc. as set forth in the Map,
Plan and Report; and
WHEREAS, the maintenance of all lighting 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 & Report; and
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
Lighting District of the Town of Wappinger, Dutchess County, New York, to be known as the
CRANBERRY HILLS STREET LIGHTING 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 STREET LIGHTING DISTRICT; and
WHEREAS, the estimated cost of the CRANBERRY HILLS STREET LIGHTING
DISTRICT for the first year budget will be approximately $99,760, resulting in a cost to the
typical property therein, equally divided among 232 lots of Four Hundred Thirty and 00/100
Dollars ($430.00) 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 STREET
LIGHTING 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 Lighting 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 STREET LIGHTING 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 STREET LIGHTING 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 STREET
LIGHTING 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.
�%w 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.
O C. MASTERSON, TOWN CLERK