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2016-83 2016-83 Order Calling Public Hearing On The Establishment Of The Ridges At Old Hopewell Estates 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 February 22, 2016. The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2016-83 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q El El El❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.FentonVoter Q El El ElMichael Kuzmicz___ Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, the written Petition of IRMA K. FARFARO, RONALD WILLIAM FARFARO and LMD PROPERTY HOLDINGS, LLC, dated January 11, 2016 and executed by Irma K. Farfaro, Ronald William Farfaro and David Stenger, as Managing Member, of LMD Property Holdings, LLC, Petitioners and Owners of the taxable real property in said proposed Drainage District as shown upon the latest completed assessment roll of the Town of Wappinger, having been duly presented to the Town Board of the Town of Wappinger, requesting that a Drainage District to be known as the "RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT"which is more particularly described in the attached Map, Plan and Report of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT dated November 19, 2015, last revised February 16, 2016, prepared by Morris Associates Engineering & Consultants, PLLC; and WHEREAS, the Petitioners are the owners of 100% of the property contained in the proposed Drainage District; and WHEREAS, the property contained in the proposed Drainage District was the subject of a Resolution of Preliminary and Final Subdivision Plat Approvals dated July 6, 2015, said subdivision being known as "The Ridges at Old Hopewell Estates"; and WHEREAS, the properties to be included within the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT consist of those properties described in Exhibit "A-1" and "A-2" attached hereto and hereby incorporated herein; and WHEREAS, the aforementioned Map, Plan and Report has been prepared in such manner and detail and 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 stormwater drainage system and related improvements to serve the properties within said District in accordance with certain plans incorporated in the Map, Plan and Report dated November 19, 2015, last revised February 16, 2016, and which is hereby approved and adopted by this Town Board and is on file in the Office of the Town Clerk; and WHEREAS, LMD Property Holdings, LLC shall construct said drainage system and all improvements referenced in the Map, Plan and Report at its own expense, and once the drainage facilities and improvements have been properly constructed to the satisfaction of the Town, the drainage facilities and improvements shall be transferred to the Town of Wappinger and/or the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT, without any cost to the Town, and all costs and expenses occasioned by the creation of this District shall be borne by LMD Property Holdings, LLC; and WHEREAS, the improvements to be constructed for the RIDGES AT OLD HOPEWELL ESTATE DRAINAGE DISTRICT shall be such facilities and related appurtenances, including but not limited to, the installation of catch basins and drainage lines varying from 6"-24" to serve the proposed subdivision as well as a detention pond with an outlet structure and connections in order to support the required stormwater facilities for proposed subdivision; 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, above-described; and WHEREAS, following the aforementioned 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 therefrom 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 a manner and sufficient detail to the satisfaction of the Town Board and the Engineer to the Town, relating to the establishment of the proposed Drainage District of the Town of Wappinger, Dutchess County, New York, to be known as the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT; and WHEREAS, the maximum estimated cost 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 RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT; and WHEREAS, the estimated cost to the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT for the first-year budget for operation and maintenance will be approximately One Thousand ($1,000.00) Dollars resulting in a cost to the typical single-family residence of One Hundred Twenty- Five Dollars($125.00)per lot, per year; and WHEREAS, a detailed explanation of the manner by which the computations for the estimated first-year cost to the typical property in the RIDGES AT OLD HOPEWELL ESTATES 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 for examination during regular office hours by any person interested in the subject matter thereof, and WHEREAS, during the Planning Board review of the proposed subdivision, the Planning Board contemplated the creation of a Drainage District to operate the stormwater facilities to be constructed in connection with the proposed subdivision; and WHEREAS, the Town Board further determines that the creation of this Drainage District is a Type II Action as defined in 6 NYCRR 617.5 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 (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 on the establishment of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT pursuant to Section 209-d of the Town Law. 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 14th day of March, 2016 at 7:30 P.M., prevailing time, for the purpose of holding a Public Hearing to consider the establishment of the RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT described herein and to consider the Map, Plan and Report dated November 19, 2015, last revised February 16, 2016, filed in relation thereto, and to hear all persons interested in the subject matter 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 Poughkeepsie Journal and once in the Southern Dutchess News, the official newspapers of the Town, the first publication thereof to be not less than ten (10) days nor more than twenty (20) 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 RIDGES AT OLD HOPEWELL ESTATES DRAINAGE DISTRICT, as shown upon the latest completed assessment role of the Town, each not less than ten (10) days nor more than twenty (20) days before the day set for the hearing as follows. 4. This Order shall take effect immediately. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 2/22/2016 The Resolution is hereby duly declared Adopted. JOSS P P. PAOLONI, TOWN CLERK