2008-0412008-41
14r Order Calling Public Hearing on the Establishment of the Maloney Heights Subdivision
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 January
28th, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the written Petition of ATTALLAH NESHEIWAT and JOSEPH
NESHEIWAT, dated November 27th, 2007, as Petitioners and Owners of 100% of the
MALONEY HEIGHTS SUBDIVISION, having been duly presented to the Town Board of the
Town of Wappinger, New York, requesting that a drainage district to be known as the
"MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT" which is more particularly
described in the attached Map, Plan and Report of the MALONEY HEIGHTS SUBDIVISION
DRAINAGE DISTRICT Subdivision dated September 22nd, 2005, prepared by Paggi, Martin &
Del Bene, LLP and filed in the Office of the Town Clerk; and
WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat are the Owners of 100% of the
property contained in the proposed drainage district; and
WHEREAS, the properties to be included within the MALONEY HEIGHTS
SUBDIVISION DRAINAGE DISTRICT, consist of those properties described in Exhibit "A"
attached hereto and hereby incorporated herein; and
WHEREAS, the map entitled "Map, Plan and Report for the MALONEY HEIGHTS
SUBDIVISION DRAINAGE DISTRICT" dated September 22nd, 2005, and relating to the
establishment of the proposed drainage 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 in said district consist of the construction,
installation and maintenance of a drainage system to serve the properties within said district in
na
accordance with certain plans incorporated in the Map, Plan and Report dated September 22,
2005 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 Petitioners, Attallah Nesheiwat and Joseph Nesheiwat shall construct
said drainage system at their own expense and once the drainage facilities required for the
subdivision have been properly constructed to the satisfaction of the Town, the drainage facilities
shall be transferred to the Town of Wappinger and/or the MALONEY HEIGHTS
SUBDIVISION DRAINAGE DISTRICT, without any cost to the Town, and all costs and
expenses occasioned by the creation of this district shall be borne by the Petitioners, Attallah
Nesheiwat and Joseph Nesheiwat; and
WHEREAS, Attallah Nesheiwat and Joseph Nesheiwat shall install all improvements
referenced in the Map, Plan and Report and dedicate same to the District upon completion
thereof; and
WHEREAS, the improvements to be constructed for the MALONEY HEIGHTS
SUBDIVISION DRAINAGE DISTRICT shall be the storm water facilities outside the limits of
the Town roads, rights-of-ways and shall consist of such facilities, including but not limited to,
sixteen (16) catch basins, 1,283 +/- linear feet of piping, two (2) detention ponds, four (4) drains
with rip-rap inlet and outlet protection and one (1) swale; 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, herein
further described; and
WHEREAS, following the aforementioned Petitioner's 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 there from 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 manner and detail as has heretofore been determined by the Town Board of the Town of
Wappinger, Dutchess County, New York relating to the establishment of the proposed Drainage
District of the Town of Wappinger, Dutchess County, New York, to be known as the
MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT; and
WHEREAS, maximum estimated costs 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
MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT; and
WHEREAS, the estimated costs to the MALONEY HEIGHTS SUBDIVISION
DRAINAGE DISTRICT for the first-year budget will be approximately Five Thousand Two
Hundred ($5,200.00) Dollars resulting in a cost to the typical lot of Six Hundred and Fifty
($650.00) Dollars 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 MALONEY HEIGHTS SUBDIVISION
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 during regular office hours for
examination by any person interested in the subject matter thereof; and
WHEREAS, the Town Board determines that the creation of this Drainage District is a
Type II action as defined in 6 NYCRR 617.5 and 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 (SE RA) 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
MALONEY HEIGHTS DRAINAGE DISTRICT all pursuant to Section 209-d of the Town
Law; and
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 25th day of February,
2008 at 7:00 P.M., for the purpose of holding a Public Hearing to consider the establishment of
the MALONEY HEIGHTS SUBDIVISION DRAINAGE DISTRICT described herein and to
consider the Map, Plan and Report dated September 22"d, 2005, 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 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 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 MALONEY
HEIGHTS SUBDIVISION DRAINAGE DISTRICT, as shown upon the latest completed
assessment roll of the Town.
4. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/28/2008
The Resolution is hereby duly declared adopted.
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"-ft HN e. NtASTERSON, TOWN CLERK