1974-12-23 SPM419
A Special Meeting of the Town Board of the Town of Wappinger,
was held on December 23, 1974, at the Town Hall, Mill Street,
Wappingers Falls, New York.
Notice of said meeting was mailed to each Board member on December
20, 1974, calling the meeting for December 23, 1974 at 8:00 P.M.
at the Town Hall, for the purpose of any business that may properly
come before the Board.
Supervisor Diehl opened the meeting at 10:02 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
The following resolution was offered by COUNCILMAN SALAND, who
moved its adoption:
IN THE MATTER OF THE ESTABLISHMENT OF THE TOWN OF
WAPPINGER SEWER IMPROVEMENT NO. II IN THE TOWN OF
WAPPINGER, DUTCHESS COUNTY, NEW YORK, PURSUANT TO
ARTICLE 12c OF THE TOWN LAW.
WHEREAS, a map, plan and report have been prepared in such
manner and in such detail as has heretofore been determined by
the Town Board of the Town of Wappinger relating to the estab-
lishement of a proposed Sewer Improvement Area to be known as
the Town of Wappinger Sewer Improvement No. II in the Town of
Wappinger, Dutchess County, New York, pursuant to Article 12c
of the Town Law, and
WHEREAS, said map, plan and report have been duly filed in
the Clerk's Office of the Town of Wappinger for public inspection,
and
WHEREAS, said map, plan and report were prepared by Rudolph
E. Lapar, and Hayward & Pakan, competent engineers, duly licensed
by the State of New York, showing the boundaries of the proposed
Improvement Area and a general plan for the sewer system, and
WHEREAS, the improvements proposed as set forth in said plan
and report consist of sewer plant, sewer main, pumping stations,
and associated facilities located in the Town of Wappinger, and
WHEREAS, the Town Board of the Town of Wappinger did adopt
an Order on or2about November 18, 1974, providing that on
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December 2nd, 1974, a public hearing would be held upon said map,
plan and report at the Town Hall, Mill Street, Town of Wappinger,
Dutchess County, New York, and
WHEREAS, the said Order was duly posted and published and
the public hearing was held on December 2nd, 1974 at 7:30 o'clock
p.m., Eastern Standard Time, when several persons appeared and
spoke upon said proposal, and
WHEREAS, an amendment to said map, plan and report was made
on December 9th, 1974, and the maximum amount to be expended
was increased to $29,461,430.00, and
WHEREAS, the Town Board adopted an Order on December 9th,
1974, providing that on December 23rd, 1974, another public
hearing would be held at the Town Hall, Mill Street, Wappingers
Falls, New York, at 7:30 o'clock p.m., Eastern Standard Time and
WHEREAS, the said Order was duly posted and published and
the public hearing was held on December 23, 1974 at 7:30 o'clock
p.m. Eastern Standard Time and several persons spoke on said propo-
sal, now, upon the evidence given at said hearing and upon motion
of Councilman Stephen Saland, seconded by Councilman Louis C.
Clausen, and passed, it is
RESOLVED and determined that (a) the map, plan and report
of Rudolph E. Lapar and Hayward & Pakan, Engineers, and the
amendment thereto, duly complies with the Town Law requirements
and is sufficient as to its description of the proposed improve-
ments and costs thereof; (b) all the property and property owners
within the proposed improvement area are benefited thereby; (c)
all the property and property owners benefited are included with-
in the limits of the proposed improvement area and (d) it is in
the public interest to create the sewer improvement area; and it
is further
RESOLVED and determined that the establishment of a sewer
improvement area be approved; that the improvements set forth on
the map, plan and report be constructed or acquired and the
service therein mentioned be provided for upon the required funds
being made available or provided for; and that such improvement
area shall be designated and known as the "Town of Wappinger Sewer
Improvement No. II" and shall be bounded and described as follows:
All that tract of land in the Town of Wappinger, Dutchess
County, New York, bounded and described in Schedule "A" attached
hereto and made part hereof,
and, it is further
RESOLVED and determined, that the proposed improvements, in-
cluding the costs of rights-of-way, construction costs, legal fees
and all other expenses shall be financed as follows: by a bond
issue over a period not to exceed forty years, and it is further
RESOLVED and determined that the maximum amount to be expend-
ed for said improvement is $29,461,430.00, and it is further
RESOLVED and determined that the aforesaid bonds which are
to be issued, together with the interest thereon, are to be paid
for in the first instance by assessments levied upon the several
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lots or parcels of land within the improvement area as described
aforesaid in just proportion to the amount of benefit which the
improvements shall confer upon the lots or parcels within said
improvement area; and it is further
RESOLVED and determined that the Town Clerk shall, within
ten (10) days after the adoption of this Resolution, file certi-
fied copies hereof, in duplicate, in the office of the State
Department of Audit and Control at Albany, New York, together
with an application by this Board in duplicate, for permission
to create the improvement area herein; and that such application
shall be executed by and on behalf of the Town Board by the
Supervisor of the Town, and it is further
RESOLVED and determined that the Resolution shall take
effect immediately upon its adoption and as provided by Town Law.
APPENDIX "A"
ALL that certain piece, plot or parcel of land situate,
lying and being in the Town of Wappinger, County of Dutchess
and State of New York, more particularly bounded and described
as follows:
BEGINNING at a point in the center of the Hudson River,
said point being the intersection of the Town of Wappinger,
Town of Fishkill Town Line and the Orange County - Dutchess
County„Line. Thence, northerly along the center line of the
Hudson River 17,400+ feet to a point, which point is in the
center of Wappinger Creek where it meets the Hudson River, said
point also in the intersection of the Town of Poughkeepsie, Town
of Wappinger Town Line; thence northeasterly along the center
line of Wappinger Creek 8,300+ feet to a point, said point being
on the southwest boundary of the Village of Wappingers Falls;
thence southeasterly and northerly around the boundary line of
the Village of Wappingers Falls and the Town of Wappinger 19,600+
feet to a point; said point being on the northerly boundary line
of the Village of Wappingers Falls, said point also being the
center line of Wappinger Creek; thence along the center line of
Wappinger Creek 21,100+ feet to a point, said point being at the
westerly most intersection of the Town of LaGrange, Town of Wapp-
inger Town Line; thence easterly along the LaGrange-Wappinger Town
Line 17,000+ feet to a point in the center of Sprout Creek, said
point also being the point where the Towns of LaGrange, Wappinger
and East Fishkill meet; thence southerly along the center line of
Sprout Creek, which line is also the boundary between the Town of
East Fishkill and the Town of Wappinger 38,700+ to a point, said
point being the point where the Towns of East Fishkill, Wappinger
and Fishkill meet; thence westerly along the Town of Wappinger,
Town of Fishkill, Town Line 39,100+ feet to the point or plan of
beginning.
EXCEPTING the following:
ALL that tract or parcel of land in the Town of Wappinger,
County of Dutchess and State of New York:
BEGINNING at a point in the most easterly corner of lot
8B, as shown on a map of "Dutchess Park, Section 4B", dated February
9, 1972, revised March 7, 1972, prepared by Burgess & Behr, P.C.,
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Carmel, N.Y., and filed in the office of the County Clerk of
Dutchess County on March 24, 1972; running thence from said POINT
OF BEGINNING and along the northerly line of said Lot 8B of "Dutchess
Park, Section 4B", along the Town Line (reputed) dividing the Town
of Wappinger on the north and the Town of Fishkill on the south,
and running along the northerly bounds of "Dutchess Park, Section
4B", along the northerly bounds of Brinkerhoff Watch Hill, Sections
3 and 4, and along other lands of the Grantor, North 85°57'56" West
2743.73 feet to a point in the line of lands now or formerly of
Carlson; thence along lands now or formerly of Csrlson, the
following courses and distances:
North 34°31'50" East 192.90 feet
North 56°02'20" East 97.57 feet
North 60°26'40" East 123.98 feet
North 55°27'20" East 185.16 feet
South 25°19'30" East 82.36 feet
South 78°22'30" East 97.01 feet
South 75°53'00" East 126.73 feet
South 79°20'30" East 358.71 feet
South 88°55'50" East 25.29 feet
North 48°14'30" East 362.64 feet
North 61°36'40" East 442.05 feet and
North 63°18'20" East 139.66 feet
to lands now or formerly of Perry; thence along lands now or
formerly of Perry and lands now or formerly of Rosenfeld,
North 77°21'10" East 284.03 feet and
North 76°04'30" East 60.68 feet
to a point; thence through other lands of the Grantor, the
following courses and distances:
South 48°09'00" East 573.97 feet
South 30056'57" East 163.80 feet
South 19°57'30" East 125.00 feet
South 46°31'22" East 55.90 feet
South 19°57'30" East 242.47 feet
South 64°29'00" West 136.83 feet and
South 72°57'00" West 20.06 feet
to the POINT OF BEGINNING. CONTAINING 33.468 Acres.
Seconded by: Councilman Clausen
Roll Call Vote:
Councilman Clausen Aye
Councilman Jensen Aye
Councilman Saland Aye
Councilman Jensen Aye
Supervisor Diehl Aye
SUPERVISOR DIEHL moved to authorize the Building Inspector to
issue C.O's for Lots #72, 73, 74, 75, 76, 77, 78 and 79 in Spook
Hill Estates, and Lot #2 for Exquisite Land Development Corp. as
stated in letter from Jack Hill, Dutchess County Department of
S
Health to the Town Board dated December 23, 1974.
Seconded by Councilman Clausen.
Roll Call Vote: 5 Ayes
MR. CLAUSEN moved that the Building Inspector be directed to
write a survey letter to residents of Orchard Homes asking them
if they intend to hook up to the sewer system within 60 days; also
thof that the residents must be advised that they must obtain a road
opening permit through the Highway Superintendent's Office, prior
to hooking up to the sewer.
Seconded by Mr. Saland.
Roll Call Vote: 5 Ayes
MR. CLAUSEN moved to hire Michael Petrus as a meter reader for
Hilltop Water District at a fee of $.50 a meter.
Seconded by Mr. Jensen
Roll Call Vote: 5 Ayes
MR. SALAND moved to adjourn the meeting, seconded by Mr. Clausen
and unanimously carried.
The meeting adjourned at 10:21 P.M.
Elaine H. Snowden
Town Clerk
Spl. Mtg. 12/23/74
42:2
A Public Hearing was held by the Town Board of the Town of
Wappinger on Monday, December 23, 1974 on the Establishment of
Wappinger Sewer Improvement Area No. 2.
Deputy Supervisor Clausen opened the Hearing at 7:45 P.M.
Present:
Louis Clausen, Deputy Supervisor
Leif Jensen, Councilman
Stephen Saland, Councilman
Frank Versace, Councilman
Elaine Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
The Town Clerk offered for the record the Affidavit of Posting
and Publication, duly signed and notarized by Paul Makowski of
the Poughkeepsie Journal. (These Affidavits are attached hereto
and made a part thereof of the minutes of this Hearing).
Deputy Supervisor Clausen explained the reason they were having
another Hearing so soon after the last one was to reword a
resolution adding "aided portion plus unaided portion". The
figures were correct.
Mr. Lapar submitted a report to the Town Clerk which is on file
in her office.
The following people spoke:
John Armstrong
Jack Stillens
Don Reilly
Al Pope
Mike Hirkala
Jack Hill
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(There is a complete transcript on file in the Town Clerk's Office)
The Hearing closed at 9:39 P.M.
Elaine H. Snowden
• Town Clerk