2012-236
2012-236
Order Calling Public Hearing in the Matter of the Establishment of Extension No.2 to the
United Wappinger Sewer District in the Town of Wappinger, Dutchess County, New York
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 10, 2012.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czamiecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czamiecki and seconded by
Councilman Beale.
WHEREAS, Amora LLC ("Amora"), Robert Tompkins ("STS Tire"), and Eduardo Lauria
and Lucia Lauria ("Lauria") (hereinafter collectively, the "Applicants") have previously entered into
an agreement amongst themselves calling for the construction, installation and extension of sewer
collection lines to be connected to sewer mains owned and operated by the United Wappinger
Sewer District (the "District") by Agreement dated August 30, 2012 and
WHEREAS, a written petition (the "Petition") has been duly filed by the Applicants with
the Town Board ofthe Town of Wappinger, Dutchess County, New York (the "Town"), in relation
to the establishment of a proposed sewer district extension, to be known as Extension No.2 to the
United Wappinger Sewer District (hereinafter, the "Extension"), pursuant to Article 12 of the Town
Law, which petition, together with a map, plan and report for said Extension (the "map, plan and
report") have been filed in the office of the Town Clerk and are available for public inspection; and
WHEREAS, said map, plan and report include a map showing the boundaries of the
proposed extension, a general plan to serve said Extension, and a report of the proposed method of
operation thereof, and was prepared by Morris Associates, competent engineers dilly licensed by the
State of New York; and
WHEREAS, the boundaries of said Extension shall be as described in Exhibit A attached
hereto and hereby incorporated herein; and
WHEREAS, the improvements proposed for said Extension consist of the following:
purchase and installation of 8-inch gravity sewer collection mains for connection to the existing
District sewer main located near the junction of Route 9 and Old Post Road and, including a pump
station, and original furnishings, equipment, machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, all as more fully described in the map, plan
and report hereinbefore described; and
WHEREAS, the maximum estimated cost of said improvements is $35,000; and
WHEREAS, the cost of said improvements shall be paid by the owners of the property in
said Extension and no serial bonds of said Town shall be issued therefore; and
WHEREAS, the estimated cost of hook -up fees to the typical property in said Extension is
$15,000 (Amora), $3,000 (STS Tire) and $4,800 (Lauria), none being typical, and $-0- to a one or
two family home therein, there being none; and
WHEREAS, the estimated cost of said Extension to the typical property in said Extension
therein is $3,760.63 (Amora), $3,760.63 (STS Tire) and $1,938.37 (Lauria), none being typical, in
the first year in which operation, maintenance, debt service and other charges and expenses are to be
paid and $0 to a one or two family house therein, there being none; and
WHEREAS, a detailed explanation of the manner by which were computed said estimated
first-year costs to the typical property has been filed in the office of the Town Clerk where the same
are available during regular office hours by any person interested therein for examination by any
person interested in the subject manner thereof; and
WHEREAS, said capital project for said Extension and the establishment thereof has been
determined to be an Unlisted Action pursuant to the regulations of the New York State Department
of Environmental Conservation promulgated pursuant to the State Environmental Quality Review
Act and Chapter 117 of the Code of the Town of Wappinger, and a short Environmental
Assessment Form has been prepared in connection therewith and is on file in the office of the Town
Clerk where it may be inspected during regular office hours by any person interested therein, and it
has been determined that said capital project will not result in any significant adverse environmental
effects; and
WHEREAS, it is now desired to call a public hearing upon the question of the
establishment of said Extension, the petition therefore, and the improvements proposed therefore, all
pursuant to Section 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:
Section 1. The recitations above set forth are incorporated in this Order as if fully set
forth and adopted herein.
Section 2. The Town Board hereby accepts the Petition for an extension of the United
Wappinger Sewer District as proposed in the aforementioned Petition, which is Petition was duly
signed by Amora LLC, Robert Tompkins, and Eduardo Lauria (the "Applicants"), and further
acknowledges receipt of the aforesaid map, plan and report for an extension to the United
Wappinger Sewer District to provide sewer service to the aforementioned parcels owned by the
Applicants located on Old Post Road in the Town of Wappinger, a copy of which map, plan and
report is affixed to the Petition, and which is on file in the office of the Town Clerk.
Section 3. 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, in Wappingers Falls, New York, in
said Town, on the 9th day of October, 2012, at 7:30 o'clock P.M., Prevailing Time, for the purpose
of holding a public hearing to consider the establishment of a sewer district extension in said Town
as described in the preambles hereof, to be known as Extension No.2 to the United Wappinger
Sewer District, the petition therefore, and the improvements proposed therefore, 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 shall be proper in the premises.
Section 4. The Town Clerk is hereby authorized and directed to cause a copy of this
order to be published once in the official newspaper(s) of said Town, the first publication thereofto
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 not less than ten nor more than
twenty days before the day set for the hearing as aforesaid.
Section 5. This Order shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMA Y CZARNIECKI, COUNCILWOMAN
MICHAEL KUZMICZ, COUNCILMAN
Voting:
Voting:
Voting:
Voting:
Voting:
AYE
AYE
AYE
AYE
AYE
Dated: Wappingers Falls, New York
9110/2012
The Resolution is hereby duly declared adopted.
(l~~
CHRISTINE FULTON, TOWN CLERK