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1979-07-23 ~ '.. 5~ 1903-1971 ROOSA & ROOSA ATTORNEYS AND COUNSELORS AT LAW 398 MAIN STREET P. O. 80X 468 BEACON, N. Y. 12508 BENJAMIN p, ROOSA BEN..JAM1N P. ROOSA,.JR. .JEFFREY R. OTTO ROBERT J. RAHEMBA (914) 631-0971 July 23, 1979 Town Board, Town of Wappinger Town Hall Mill Street Wappingers Falls, New York 12590 Re: Hughsonville Fire District New Hackensack Fire District Gentlemen: We are the attorneys for the Boards of Commissioners of the Hughsonville Fire District and New Hackensack Fire District. The Boards of Commissioners of these districts have been conferring for some time now concerning the ambiguity in and overlapping of the boundary line between the districts and have now resolved these problems. We enclose herewith a copy of the map showing the alteration in the boundary line between the districts and request that the necessary procedures be commenced to officially establish s ame . If you require anything further in this matter, please do not hesitate to contact us. Very truly yours, JRO:lch Ene. C- c T7 ~j - J itA 71 ~~ 1>1 ~ 172-a TOWN LAW --\rt. 11 ~ 172-a. Alteration of bOlmdaries of fire districts Irrespective of the manner of thei!" original est.?,b1i5hment, \vhenever two or more fire districts adjoin, the town board of the town in which such districts are wholly located, o!' if located in two or more towns, the tow~ boards of such towns acting joint- ly by a majority vote of the members of each of such tm,-n boards, upon the written petition of the board of fire commi5.3ioners of each fire diStrict affectea, and aftel~ a public hearing thereon, may alter the boundaries of such fire districts in acconIance with such petition or petitions, but not in such a manner a3 to include territory not pre\'iously situate within such fire districts nor to exclude territory previously situate therein. Such petition or petitions shall be signed by a majority o~ the meg}::[~~-of the board of fire comm1S~n~f each fire district and shalibeac~- _,____h_~.__.._____~_,_ _ _____ knowledged or proved in the same manner as a deed to be re- corded. Notice of such hearing shall be given and such hearing held and the subject matter thereof determined in the manner provided herein for hearings upon the establishment or fire dis- tricts, except that the notice of hearing shall specify each dis- trict affected and shall state in general terms the rCi'?!1:ler in which it is Pl'oposei:no-aHei;HleT;olliiaai;T8slhe-6~-oI~--------- In the e\-ent that the boundaries of a district having indebted- ness, either bonded or temporary, shall be altered pursuant here- to, such district shall continue in law as it existed irr.mediately prior to such change of boundaries for the purpose of paying such indebtedness, and there shall be annually assessed and le\ied upon and collected from the taxable real property "itl-Jn such district as it existed immediately prior to such altel-ation of boundaries, in the same manner and at the same time and by the same officers as town taxes are assessed, levied and collected, a sum sufficient to pay such indebtedness and interest the!'eon as the same shall become due. All. and only the real property within the boundaries of the district as they exist after the alteration thereof shall be liable for the payment of indebtednes.s ir:culTed for the purposes of such district aftel' such alteration, For the purposes hereof, such alteration of boundaries shall be deemed effective upon the adoption by the to"tn board or town boards of the resolution providing therefor, unless such resolmion shall specify some other date for such purpose, in which c~,-se such alteration shall be deemed effective upon the date so specified, Added L.1939, c. 584, S 9; amended L.19-10, c. 432, ~ 3; L194Z, c. 650, S 2, eff. May 4, 1!H2. Art. 11 F J\,int fire district iJoundarks, N Diminution of area 2 Expense of alteration 3 Procedure in general I Library references ~Iunicipal Corporations <;: seq, Towns (';:;;>12. C..LS. l\IunicipaI Corporatio et seq. C.J.S. Towns ~ 1 et seq. I. Procedure In general When a village extends its . ries to include a portion of a ing fire district, said village I',)rtioll of another fire distr 1,olIn(laries of the district refe Ii lA Illay be changed by exchH portion annexed to the vill alti~ring the boundaries of the districts so that the portion I t,) the village ,vill be include( tire district of which the vill: part. or the boundaries may unaltpred. 18 Op.State Com 1D6~. There is no present met transferring certain parcels propel'tj' from a fire district to joining fire protection distr. Op.State Compt. 72, 1!l57, 1st A written petition of the f missioners of the fire districts is necessary for the alteratio' houndaries of adjoining fire ( 1:2 Op.State Compt. 453, 1!l;;G. S 172-b. Consolid3 Irrespective of the n whenever hvo or more f board of the town in WI districts be situate in mo of acting jointly by a nu town boards, upon its or or upon a written petitie c.c J!fA ~(J.Y' /1 428 ~,.. ~''',?k''"!o'~' 11.).lPl'11 -(f:> - ? . . RECEIVED l' CORBALLY. GARTLAND AND RAPPLEYEA ~g aM ~01Ut$tl~& at 'Ja\D JUL 26 1979 BARDAVON BUILDING ElAINE H. SNOWDEN 3S MARKET STREET CHARLES .J. CORBALLY (966) .JOHN .J. GARTLAND, .JR. RICHARD V. COR BALLY ALLAN E.RAPPLEYEA DANIEL F. CURTIN+ FRED ~ SCHAEFFER .JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DEBIASE PAUL o. SULLIVAN+ POUGHKEEPSIE, NEW YORK /2601 914-454- 1110 FLORIDA OFFICE: 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461-3144 July 25, 1979 BRANCH OFFICE. BANK OF MILLBROOK BUILDING FRANKLIN AVE. MILLBROOK. NEW YORK .JOSEPH F. HAWKINS COUNSEL tMEM9ER N. Y. AND FLORIDA BAR Roosa & Roosa, Esqs. P. O. Box 468 Beacon, New York 12508 Attention: Jeffrey R. Otto, Esq. Re: Hughsonville Fire District and New Hackensack Fire District" Dear Jeff: Elaine Snowden has forwarded to me your letter of July 23rd, 1979 addressed to the Board and correctly observes that implementation of the changes sought by you can only be made by compliance with the provisions of Section l72-a of the Town Law. I respectfully direct your attention to the same and suggest that the necessary documentation be submitted to permit further consideration of the request. I would also request that any changes in the boundary lines be described by reference to the original documents which establish the various district boundary lines. I would also note that Hughsonville Fire District may have a bonded indebtedness which will require additonal consideration as indicated by the statute. I assume that it would be your intention that no action be taken until the foregoing is submitted. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA JHA/lh cc: Town Board Elaine Snowden, Jon Holden Adams Town Clerk . . 3S MARKET STREET REC21VED JUL 26 1979 ELAINE H. SNOWDEN .' COR8ALLY, GARTLAND AND RAPPLEYEA ~g am ~lt1Ut$thtr& at Jam BARDAVON BUILDING CHARLES J COR8ALLY i1966) JOHN J, GARTLAND, JR. RICHARD Y CORBALLY ALLAN E RAPPLEYEA DANIEL F. CURTIN' FRED ~ SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAN 0 YINCENT L DEBIASE PAUL O. SULLIYAN + POUGHKEEPSIE, NEW YORK 12601 914-454- 1110 f!' FLORIUA OfTICE 50 SOUTH BELCHER ROAD BUILDING E. SUITE 122 CLEARWATER, FLORIDA 33515 813-461- 3144 July 25, 1979 BRANCH OFFICE' BANK OF MILLBROOK BUILDING FRANKLIN AYE. MILLBROOK. NEW YORK JOSEPH F. HAWKINS COUNSEL +MEMBER N. Y. AND F'lORIOA BAR Roosa & Roosa, Esqs. P. O. Box 468 Beacon, New York 12508 Attention: Jeffrey R. Otto, Esq. Re: Hughsonville Fire District and New Hackensack Fire District- Dear Jeff: Elaine Snowden has forwarded to me your letter of July 23rd, 1979 addressed to the Board and correctly observes that implementation of the changes sought by you can only be made by compliance with the provisions of Section l72-a of the Town Law. I respectfully direct your attention to the same and suggest that the necessary documentation be submitted to permit further consideration of the request. I would also request that any changes in the boundary lines be described by reference to the original documents which establish the various district boundary lines. I would also note that Hughsonville Fire District may have a bonded indebtedness which will require additonal consideration as indicated by the statute. I assume that it would be your intention that no action be taken until the foregoing is submitted. Very truly yours, CORBALLY, GARTLAND & RAPPLEYEA JHA/lh Jon Holden Adams cc: Town Board Elaine Snowden, Town Clerk Public hearing to change the Easterly and Southerly boundaries of the Hughsonville Fire District and the Westerly and Southerly boundaries of the New Hackensack Fire District in the areas of Myers Corners Road, Losee Road and Smithtown Road. The boundaries of the Hughsonville Fire District and New Hackensack Fire District shall be as follows: The Hughsonville Fire District line shall follow the Northerly line of Myers Corners Road and the Southerly line of the Village of Wappingers Falls, to a point opposite Losee Road. The New Hackensack Fire District line shall follow the Easterly line of the Village of Wappingers Falls, between Dorothy Heights and Myers Corners Road to a point in the Northerly side of Myers Corners Road, where the boundary lines of the Village of Wappingers Falls, Hughsonville Fire District and New Hackensack Districts intersect. The Hughsonville and New Hackensack boundary line shall then go Southerly along the Easterly side of Losee Road to a point where the property of S. De Lucia joins the Losee Road; then along the Northerly line of De Lucia to the Easterly line of De Lucia - then Southerly along the Easterly line of De Lucia to the Hopewell Road. The boundary line shall remain unchanged between Hopewell Road and the lands N/F Gasser at this point the line shall traverse Westerly to the East property line N/F of the Party Time Caterers; then South-westerly along this line to the North road line of Smithtown Road and u.S. Route #9. The line shall then travel in an Easterly direction along the North side of the Smithtown Road to the point where the Town of Fishkill Town line intersects the Smithtown Road. The New Hackensack Fire District boundaries shall remain unchanged in an Easterly direction from this point. The Hughsonville Fire District boundaries shall follow the Fishkill townline in a Westerly direction to a point where the line joins the Osborne Hill Road.