2019-177
2019-177
An Order Making Certain Determinations In Relation To And Approving The Establishment Of
Extension No. 6 (NERP Holding And Acquisitions Company, LLC) 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 September 23, 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-2019-177
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Seconder
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
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. 6 (NERP Holding and Acquisitions Company, LLC) 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. 6 (NERP Holding and Acquisitions Company, LLC) to United Wappinger Sewer
District shall be bounded and described as hereinafter set forth; and
WHEREAS, the improvements proposed for said Extension No. 6 (NERP Holding and Acquisitions Company,
LLC) to United Wappinger Sewer District consists of the purchase and installation of a sewer pump station, a 1½”
HDPE low pressure force main and connections to the existing sewer main to serve the instant property, as more
fully described in the aforesaid map, plan and report; and
WHEREAS, the maximum amount proposed to be expended for said improvement is $20,490; and
WHEREAS, 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 water 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. 6 (NERP Holding and Acquisitions
Company, LLC) to United Wappinger Sewer District to the typical property therein is $6,742.73 in the first year in
which operation, maintenance, debt service and other charges and expenses are to be paid and there are no one or
two family houses in the extension; 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, an Order was duly adopted by said Town Board on September 9, 2019, reciting a description of the
boundaries of said proposed Extension No. 6 (NERP Holding and Acquisitions Company, LLC) to United
Wappinger Sewer District, the improvements proposed, the maximum amount proposed to be expended for said
improvements, the fact that said map, plan and report were on file in the Town Clerk’s Office for public inspection
and specifying the 23rd day of September, 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. 6 (NERP Holding and
Acquisitions Company, LLC) 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. 6 (NERP Holding and
Acquisitions Company, LLC) 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. 6 (NERP Holding and Acquisitions Company, LLC) to United Wappinger Sewer
District; and
d. The establishment of said proposed Extension No. 6 (NERP Holding and Acquisitions Company,
LLC) to United Wappinger Sewer District is in the public interest.
2. The establishment of Extension No. 6 (NERP Holding and Acquisitions Company, LLC) 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
a sewer pump station, a 1½” HDPE low pressure force main and connections to the existing sewer main to
serve the instant property connection therewith, with all costs borne by the owner of the property.
3. Said Extension No. 6 (NERP Holding and Acquisitions Company, LLC) 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.
EXHIBIT A
Boundaries of Proposed Extension of the United Wappinger Sewer District, known as Extension No. 6 for NERP
HOLDING AND ACQUISITIONS COMPANY, LLC; in the Town of Wappinger, Dutchess County, New York
LEGAL DESCRIPTION
A certain piece or parcel of land in the Town of Wappinger, County of Dutchess, and State of New York, shown
or depicted on a map entitled “Property & Topographic Survey Tax ID: 135689-6157- 04-539374-0000 Land of
R.F.L. Realty Associates Town of Wappinger Dutchess County, New York” as prepared by Martin Surveying
Associates, LLC 201 Christian Lane, Berlin, CT 06037 MSA Project No: 18-107 Scale: 1” = 40’ Date:
12/11/2018 Sheet: 1 of 1, and more particularly bounded and described as follows:
Beginning at a point on the westerly highway line of New York Route 9 (Southbound), said point being the
northeasterly corner of the parcel herein described and proceeding S 02° 07’ 07” E a distance of three hundred
eight and 42/100 feet (308.42’) to a point at the intersection of the westerly highway line of New York Route 9
(Southbound) with the northerly street line of Fowlerhouse Road;
Thence proceeding S 46° 08’ 48” W along the northerly street line of Fowlerhouse Road a distance of fifty-nine
and 11/100 feet (59.11’) to a point;
Thence proceeding N 13° 47’ 22” W a distance of one hundred one and 23/100 feet (101.23’) to a point;
Thence proceeding S 69° 56’ 38” W a distance of one hundred sixty and 00/100 feet (160.00’) to a point;
The last two courses being along the easterly and northerly lines of land now or formerly of Jeffery DeFrance et al;
Thence proceeding S 75° 51’ 38” W along the northerly lines of lands now or formerly of Dwight Peiffer et al
and Brian Zandstra et al, partly on each, in all a distance of one hundred one and 00/100 feet (101.00’) to an
iron pin;
Thence proceeding S 79° 51’ 38” W along the northerly line of land now or formerly of Brian Zandstra et
al a distance of forty nine and 00/100 feet (49.00’) to an iron pin;
Thence proceeding S 82° 21’ 38” W a distance of three hundred and 00/100 feet (300.00’) to an iron pin;
The last course being along the northerly lines of lands now or formerly of Noel Morris, Edward G. Selber et al,
and Davis Wickers et al;
Thence proceeding N 85° 39’ 02” W along the northerly line of land now or formerly of Peter Lowis et al a
distance of one hundred sixteen and 74/100 feet (116.74’) to an iron pin;
Thence proceeding N 02° 00’ 22” W a distance of three hundred seven and 84/100 feet (307.84’) to a point;
Thence proceeding N 49° 55’ 48” E a distance of three hundred fifty one and 90/100 feet (351.90’) to a point;
The last two courses being along the easterly and southerly lines of land now or formerly of Ralph Zottola,
Trustee;
Thence proceeding S 13° 29’ 17” E a distance of two hundred forty six and 00/100 feet (246.00’) to a point;
Thence proceeding N 84° 58’ 35” E a distance of two hundred seven and 00/100 feet (207.00’) to a point;
Thence proceeding N 76° 49’ 58” E a distance of two hundred fifty and 04/100 feet (250.04’) to a point, said
point being the place of beginning.
The last three courses being along the westerly and southerly lines of land now or formerly of 1271 Route 9, LLC.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[4 TO 0\]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: William H. Beale, Angela Bettina, Christopher Phillips, Michael Kuzmicz
ABSTAIN: Richard Thurston
Dated: Wappingers Falls, New York
9/23/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK