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2007-124CK�1�'1 2007-124 Resolution Calling Public Hearing on the Establishment of the Cranberry Hills Sidewalk 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 25, 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 sidewalk district to be known as the "CRANBERRY HILLS SIDEWALK DISTRICT", which is more particularly described in the attached Map, Plan and Report for the Cranberry Hills Subdivision dated May 22nd, 2007, prepared by Paggi, Martin & Del Bene, LLP, and 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 sidewalk district; and WHEREAS, the properties to be included within the CRANBERRY HILLS SIDEWALK 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 Sidewalk District"', dated May 22nd, 2007, and relating to the establishment of the proposed sidewalk 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 sidewalk system (and curbs) 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 sidewalk system at its own expense and once the sidewalk improvements (including curbs) required for a given 1 subdivision phase have been properly constructed to the satisfaction of the Town, the sidewalk improvements (including curbs) in such subdivision phase shall be transferred to the Town of Wappinger and/or the Cranberry Hills Sidewalk District at the same time as the proposed roads and rights of way for a subdivision phase are transferred 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 sidewalk improvements (including curbs) referenced in the Map, Plan and Report and dedicate same to the District upon completion thereof for a given subdivision phase at the same time as the proposed roads and rights of way for a subdivision phase are transferred; and WHEREAS, the improvements to be constructed for the CRANBERRY HILLS SIDEWALK DISTRICT shall consist of 16,070± linear feet (3.04± miles) of four (4') foot wide concrete sidewalk and 38,016± linear feet (7.2± miles) of eighteen (18") inch high concrete curb with six (6") inch reveal as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all sidewalk, curbs and incidental 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 and Report; and i%, 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 Sidewalk District of the Town of Wappinger, Dutchess County, New York, to be known as the CRANBERRY HILLS SIDEWALK 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 SIDEWALK DISTRICT; and WHEREAS, the estimated cost of the CRANBERRY HILLS SIDEWALK DISTRICT for the first year budget will be approximately $23,200, resulting in a cost to the typical property therein, equally divided among 232 lots of One Hundred and 00/100 Dollars ($100.00) 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 SIDEWALK 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 Sidewalk 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 SIDEWALK 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 SIDEWALK 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 SIDEWALK 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. 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. ac-vz&;�� J6" C STERSON, TOWN CLERK