2019-192
2019-192
An Order Making Certain Determinations in Relation to and Approving the Establishment of Extension
No. 5 (Cohen Subdivision) to United Wappinger Sewer District of the Town of Wappinger, Dutchess
County, New York, Pursuant to Article 12 of The Town Law
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 October 15, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
Vote Record - Resolution RES-2019-192
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Michael Kuzmicz Voter
The following Resolution was introduced by Councilman Beale and seconded by Councilman Phillips.
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, Dutchess County, New York, relating to the
establishment of Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District of said Town (the
“Extension”); and
WHEREAS, said map, plan and report were prepared by a competent engineer, duly licensed by the State of New
York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular
office hours for examination by any persons interested in the subject matter thereof; and
WHEREAS, said Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District shall be bounded and
described as hereinafter set forth; and
WHEREAS, the improvements proposed for said Extension No. 5 (Cohen Subdivision) to United Wappinger
Sewer District consists of the purchase and installation of 8” PVC sewer main, 4” PVC sewer laterals, sanitary
manholes and connections to the existing sewer main to serve the proposed extension, as more fully described in
the aforesaid map, plan and report; and
WHEREAS, the maximum amount proposed to be expended for said improvement is $70,000; and
WHEREAS, on November 20, 2017, the Town of Wappinger Planning Board issued a Negative Declaration in a
coordinated Type I SEQRA review which included the extension of the United Wappinger Sewer District to
provide sanitary sewer service to the parcel; and
WHEREAS, the cost of said improvements shall be paid by the owner of the properties therein and no serial bonds
of said Town shall be issued therefor; and
WHEREAS, the estimated cost of the establishment of the Extension No. 5 (Cohen Subdivision) to United
Wappinger Sewer District to the typical property therein is $551.45 in the first year in which operation,
maintenance, debt service and other charges and expenses are to be paid and the cost to the typical one family
house in the extension is $551.45 in the first year in which operation, maintenance, debt service and other charges
and expenses are to be paid; and
WHEREAS, a detailed explanation of the manner by which such first-year costs to the typical property were
computed, has been filed in the office of the Town Clerk where the same are available during regular office hours
for examination by any person interested in the subject manner thereof; and
WHEREAS, the boundaries of said Extension shall be as described in Schedule A attached hereto and hereby
incorporated herein; and
WHEREAS, on November 9, 2017, the Tri-Municipal Sewer Commission consented to the extension of the
UWSD to service the Cohen Subdivision; and
WHEREAS, an Order was duly adopted by said Town Board on September 9, 2019, reciting a description of the
boundaries of said proposed Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District, the
improvements proposed, the maximum amount proposed to be expended for said improvements, the fact that said
th
map, plan and report were on file in the Town Clerk’s Office for public inspection and specifying the 15 day of
October, 2019, at 7:30 o’clock P.M., Prevailing Time, at the Town Hall, in Wappingers Falls, New York, in said
Town, as the time when and the place where said Town Board would meet for the purpose of holding a public
hearing to consider the establishment of said Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer
District with the boundary as described herein and said map, plan and report filed in relation thereto and to hear all
persons interested in the subject thereof concerning the same; and
WHEREAS, notice of the aforesaid public hearing was duly published and posted in the manner and within the
time prescribed by Section 193 of the Town Law, and proof of publication and posting has been duly presented to
said Town Board;
WHEREAS, said public hearing was duly held at the time and place in said order, as aforesaid, at which all persons
desiring to be heard were duly heard; and
WHEREAS, said Town Board has duly considered said map, plan and report and the evidence given at said public
hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County,
New York, as follows:
1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined as follows:
a. The notice of hearing was published and posted as required by law and is otherwise sufficient;
b. All the property and property owners within said proposed Extension No. 5 (Cohen Subdivision) to
United Wappinger Sewer District are benefited thereby;
c. All the property and property owners benefited are included within the limits of said proposed
Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District; and
d. The establishment of said proposed Extension No. 5 (Cohen Subdivision) to United Wappinger
Sewer District is in the public interest.
2. The establishment of Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District of the
Town of Wappinger, Dutchess County, New York, to be bounded and described as hereafter set forth, and
the improvement therefor consisting of the purchase and installation of 8” PVC sewer main, 4” PVC sewer
laterals, sanitary manholes and connections to the existing sewer main to serve the proposed extension, with
all costs borne by the owner of the property.
3. Said Extension No. 5 (Cohen Subdivision) to United Wappinger Sewer District with boundary as described
herein shall be bounded and described as set forth in Exhibit A attached hereto and hereby made a part
hereof.
4. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of
this resolution in duplicate in the Office of the State Department of Audit and Control at Albany, New
York.
5. The Town Clerk shall, within ten (l0) days after the effective date of this resolution, file certified copies of
this resolution in the Office of the Dutchess County Clerk.
6. The Town Clerk shall, within (5) days, transmit to the Dutchess County Department of Behavioral &
Community Health a copy of this resolution.
7. This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
10/15/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK