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2014-195 2014-195 Order Calling Public Hearing On The Establishment Of The Regency At Wappinger Lighting 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 August 11,2014. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the following were present: PRESENT: Supervisor - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czamiecki and seconded by Councilman Kuzmicz. WHEREAS,the written Amended Petition of Toll Land V Limited Partnership executed June 6, 2014, by James Fitzpatrick, an officer of Toll Land V Limited Partnership has been presented to and filed with the Town Board of the Town of Wappinger, New York requesting the approval of a lighting district to be known as the `REGENCY AT WAPPINGER LIGHTING DISTRICT," which is more particularly described in the Map, Plan and Report for the REGENCY AT WAPPINGER LIGHTING DISTRICT (formerly Hilltop Village at Wappinger) dated October 18, 2013, last revised May 29, 2014, prepared by Povall Engineering PLLC, (the Map, Plan and Report) filed in the office of the Town Clerk; and WHEREAS, Toll Land V Limited Partnership is the owner of 100% of the property contained in the proposed lighting district; and WHEREAS, the properties to be included within the Lighting District consist of those properties described in Appendix `A" of the Map, Plan and Report; and WHEREAS, the Map, Plan and Report, was prepared by Povall Engineering, PLLC, 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 lighting system 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, Toll Land V Limited Partnership, shall construct said lighting system at its own expense and upon completion, transfer said lighting system to the Town of Wappinger and/or the REGENCY AT WAPPINGER LIGHTING DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this Lighting District shall be home by the Petitioner, Toll Land V Limited Partnership; and WHEREAS, Petitioner 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 REGENCY AT WAPPINGER LIGHTING DISTRICT shall consist of poles, fixtures, photocells, lamps and lines, as set forth in the Map, Plan and Report; and WHEREAS, the maintenance of all easements 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 as map be 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 WHEREAS, the Map, Plan and Report, including an estimate of costs have 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 Lighting District of the Town of Wappinger, Dutchess County, New York, to be known as the REGENCY AT WAPPINGER LIGHTING DISTRICT; and WHEREAS,the maximum estimated cost of said improvements to the Town is $0; and WHEREAS, the estimated cost of the REGENCY AT WAPPINGER LIGHTING DISTRICT for the first year budget will be approximately $22,489.20, resulting in a cost to the typical property therein of One Hundred Seven and 30/100 ($107.30) Dollars per typical property; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year costs to the typical property in the REGENCY AT WAPPINGER LIGHTING 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 Lighting District is a Type II action as defined in 6 NYCRR Part 617 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 Part 617; and WHEREAS, it is now desired to call a public hearing upon the question of the establishment of the REGENCY AT WAPPINGER LIGHTING DISTRICT, all pursuant to §193 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 Hearinc. 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 _ day of . 2014 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the REGENCY AT WAPPINGER LIGHTING 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. Postine. 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 REGENCY AT WAPPINGER LIGHTING 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. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls,New York 8/11/2014 The ResoIio is he dul declared adopted. J EPH P. PAOLONI, TOWN CLERK