2016-83 2016-83
Order Calling Public Hearing On The Establishment Of The Ridges At Old Hopewell Estates
Drainage 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 February 22, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called,
the following was recorded:
✓Vote Record-Resolution RES-2016-83
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q El El El❑ Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.FentonVoter Q El El ElMichael Kuzmicz___ Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman
Beale.
WHEREAS, the written Petition of IRMA K. FARFARO, RONALD WILLIAM FARFARO
and LMD PROPERTY HOLDINGS, LLC, dated January 11, 2016 and executed by Irma K. Farfaro,
Ronald William Farfaro and David Stenger, as Managing Member, of LMD Property Holdings, LLC,
Petitioners and Owners of the taxable real property in said proposed Drainage District as shown upon
the latest completed assessment roll of the Town of Wappinger, having been duly presented to the Town
Board of the Town of Wappinger, requesting that a Drainage District to be known as the "RIDGES AT
OLD HOPEWELL ESTATES DRAINAGE DISTRICT"which is more particularly described in the
attached Map, Plan and Report of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE
DISTRICT dated November 19, 2015, last revised February 16, 2016, prepared by Morris Associates
Engineering & Consultants, PLLC; and
WHEREAS, the Petitioners are the owners of 100% of the property contained in the proposed
Drainage District; and
WHEREAS, the property contained in the proposed Drainage District was the subject of a
Resolution of Preliminary and Final Subdivision Plat Approvals dated July 6, 2015, said subdivision
being known as "The Ridges at Old Hopewell Estates"; and
WHEREAS, the properties to be included within the RIDGES AT OLD HOPEWELL
ESTATES DRAINAGE DISTRICT consist of those properties described in Exhibit "A-1" and "A-2"
attached hereto and hereby incorporated herein; and
WHEREAS, the aforementioned Map, Plan and Report has been prepared in such manner and
detail and 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 in said District consist of the construction, installation
and maintenance of a stormwater drainage system and related improvements to serve the properties
within said District in accordance with certain plans incorporated in the Map, Plan and Report dated
November 19, 2015, last revised February 16, 2016, and which is hereby approved and adopted by this
Town Board and is on file in the Office of the Town Clerk; and
WHEREAS, LMD Property Holdings, LLC shall construct said drainage system and all
improvements referenced in the Map, Plan and Report at its own expense, and once the drainage
facilities and improvements have been properly constructed to the satisfaction of the Town, the drainage
facilities and improvements shall be transferred to the Town of Wappinger and/or the RIDGES AT OLD
HOPEWELL ESTATES DRAINAGE DISTRICT, without any cost to the Town, and all costs and
expenses occasioned by the creation of this District shall be borne by LMD Property Holdings, LLC;
and
WHEREAS, the improvements to be constructed for the RIDGES AT OLD HOPEWELL
ESTATE DRAINAGE DISTRICT shall be such facilities and related appurtenances, including but not
limited to, the installation of catch basins and drainage lines varying from 6"-24" to serve the proposed
subdivision as well as a detention pond with an outlet structure and connections in order to support the
required stormwater facilities for proposed subdivision; and
WHEREAS, the maintenance of all drainage easements and incidental improvements and
expenses in connection therewith is more fully described in the Map, Plan and Report, above-described;
and
WHEREAS, following the aforementioned construction and dedication of the improvements to
the Town, the cost for 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 shall derive therefrom as set forth in the Map, Plan and Report; and
WHEREAS, the Map, Plan and Report, including an estimate of costs, has been prepared in
such a manner and sufficient detail to the satisfaction of the Town Board and the Engineer to the Town,
relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess
County, New York, to be known as the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE
DISTRICT; and
WHEREAS, the maximum estimated cost of said improvements to the Town is zero ($0.00);
and
WHEREAS, there are no hook-up fees proposed to the typical property in the RIDGES AT
OLD HOPEWELL ESTATES DRAINAGE DISTRICT; and
WHEREAS, the estimated cost to the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE
DISTRICT for the first-year budget for operation and maintenance will be approximately One Thousand
($1,000.00) Dollars resulting in a cost to the typical single-family residence of One Hundred Twenty-
Five Dollars($125.00)per lot, per year; and
WHEREAS, a detailed explanation of the manner by which the computations for the estimated
first-year cost to the typical property in the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE
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 for examination during regular office hours by any person
interested in the subject matter thereof, and
WHEREAS, during the Planning Board review of the proposed subdivision, the Planning Board
contemplated the creation of a Drainage District to operate the stormwater facilities to be constructed in
connection with the proposed subdivision; and
WHEREAS, the Town Board further determines that the creation of this Drainage District is a
Type II Action as defined in 6 NYCRR 617.5 in 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 Part 617;
and
WHEREAS, it is now desired to call a Public Hearing on the establishment of the RIDGES AT
OLD HOPEWELL ESTATES DRAINAGE DISTRICT pursuant to Section 209-d of the Town Law.
NOW, THEREFORE, BE IT ORDERED, that 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 14th day of March, 2016 at 7:30 P.M.,
prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the
RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT described herein and to consider
the Map, Plan and Report dated November 19, 2015, last revised February 16, 2016, filed in relation
thereto, and to hear all persons interested in the subject matter concerning the same, and for such other
action on the part of said Town Board as may be required by law or authorized by law.
3. Publication and Posting. The Town Clerk is hereby authorized and directed to cause a
copy of this Order to be published once in the Poughkeepsie Journal and once in the Southern Dutchess
News, the official newspapers of the Town, the first publication thereof to be not less than ten (10) days
nor more than twenty (20) 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 RIDGES AT OLD HOPEWELL ESTATES
DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less
than ten (10) days nor more than twenty (20) days before the day set for the hearing as follows.
4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
2/22/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK