A regular meeting of the Town Board of the Town of New Windsor, in the County of Orange, New York, was held at the Town Hall, in said Town, on the 3rd day of February, 2016. PRESENT: George A. Green, Supervisor Alice M. Biasotti, Councilwoman Eric Lundstrom, Councilman (Absent) Patricia Y. Mullarkey, Councilwoman Andrew Regenbaum, Councilman In the Matter of the Establishment of Drainage District No. 17 in the Town of New Windsor, in the County of Orange, New York, pursuant to Article 12 of the Town Law Offered by: Council woman Mullarkey Seconded by: Councilwoman Biasotti ORDER CALLING PUBLIC HEARING TOBE HELD ON MARCH 2, 2016 WHEREAS, the Town Board of the Town of New Windsor (herein called "Town Board" and "Town", respectively), in the County of Orange, New York, has received a petition, dated November 30, 2015, pursuant to Section 191 of the Town Law, for the establishment of Drainage District No. 17 (the "District"), which petition is signed by the owners of taxable real property situate in the proposed district, owning in the aggregate at least one-half of the assessed valuation of all the taxable real property of the proposed district, as shown upon the latest
completed assessment-roll of said Town, and including the signatures of resident owners, if any, of taxable real property owning taxable real property aggregating at least one-half of the assessed valuation of all the taxable real property of the proposed district, owned by resident owners according to the latest completed assessment roll; and WHEREAS, said petition purported to describe the boundaries of the proposed District in a manner sufficient to identify the lands included therein as in a deed of conveyance and was signed by the petitioners and acknowledged or proved in the same manner as a deed to be recorded; and WHEREAS, the proposed District is now bounded and described as follows: ALL THAT LAND, situate in the Town of New Windsor, County of Orange, State of New York, known as lot 2 on a map entitled "Survey & Subdivision Map of Lands of Louis and Janet Nowicki", filed in the Orange County Clerk's Office on November 1, 2013, as map number 406-13, bound and described as follows: BEGINNING at a set 5/8" iron rod on the east side of Station Road, at the northwest comer oflands of Roberts, Deed Reference Liber 3627, Page 44; THENCE from said point of beginning, and along the east side of Station Road, North Sixteen Degrees, Twenty-Four Minutes, Fifty-Six Seconds West, Ninety-Six and Twenty-Five Hundredths Feet (N 16 24'56" W 96.25') and North Twenty-Nine Degrees, Zero Minutes, Fifty Four Seconds West, Forty-Three and Twenty Hundredths Feet (N 29 00'54" w 43.20'); THENCE leaving said road, and along the lands of Louis & Janet Nowicki, Deed Reference Liber 5438, Page 187, being lot 1 of filed map number 406-13, 1) North Fifty-Four Degrees, Twenty-Five Minutes, Ten Seconds East, Eight Hundred Thirty and Eighty-Three Hundredths Feet (N 54 25' 10" E 830.83'), 2) North Twenty-Six Degrees, Seventeen Minutes, Nine Seconds East, Four Hundred Ninety Three and Sixty-Seven Hundredths Feet (N 26 17'09" E 493.67'), 3) North Forty Degrees, Thirty-Three Minutes, Twenty-Seven Seconds West, One Hundred Thirty and Zero Hundredths Feet (N 40 33 '27" W 130.00'), and 4) North Thirty-One Degrees, Fifty-One Minutes, Thirty-Three Seconds East, One Hundred Fourteen and Sixty-Eight Hundredths Feet (N 31 51 '33" E 114.68');
THENCE along the lands of Chester Land Development, LLC, Deed Reference Liber 13597, Page 1781, being lot 1 of filed map number 192-13, 1) North Thirty-One Degrees, Fifty-One Minutes, Thirty-Three Seconds East, Ninety-Six and Fifty-Five Hundredths Feet (N 31 51 '33" E 96.55'), and 2) North Twenty-Four Degrees, Seven Minutes, Forty-Two Seconds East, Five Hundred Fifty-Five and Twenty-Nine Hundredths Feet (N 24 07'42" E 555.29') to a stonewall comer, being North Ten Degrees, Thirty-Three Minutes, Twenty Seconds East, One and Sixty-Seven Hundredths Feet (N 10 33'20" E 1.67') from a found 1-1/4" o.d. iron pipe; THENCE along the land of Daniel F. Macnamee, III, Deed Reference Liber 13157, Page 502, and generally along or near the center of a stonewall, North Nineteen Degrees, Twenty Three Minutes, Twenty-Three Seconds East, One Hundred Eighty-Four and Twenty-Three Hundredths Feet (N 19 23'23" E 184.23') to a set 5/8" iron rod with a plastic i.d. cap on the edge of a stonewall; THENCE along the land ofhighview Estates of Orange County, Inc. Deed Reference Liber 6223, Page 103, the following courses and distances: 1) South Sixty-Eight Degrees, Twenty-Three Minutes, Fifty-Eight Seconds East, Six Hundred Eighty-Seven and Seventy-Eight Hundredths Feet (S 68 23'58" E 687.78') and being along the center of a stonewall for the latter part of the course, 2) South Sixty-Five Degrees, Eight Minutes, Six Seconds East, Two Hundred Thirty-Eight and Forty-Six Hundredths Feet (S 65 08'06" E 238.46') along a stonewall, 3) South Seventy-One Degrees, One Minute, Thirty Seconds East, Forty-Six and Fifty-Three Hundredths Feet (S 71 01 '30" E 46.53') to a set 5/8" iron rod in a stonewall intersection, 4) South Twenty-Two Degrees, Thirty-Five Minutes, Thirty-Seven Seconds West, Fifty-Two and Thirty-Eight Hundredths Feet (S 22 35'37" W 52.38') along a stonewall, 5) South Thirty-Two Degrees, Five Minutes, Fifty-Three Seconds West, Twenty and Fifty One Hundredths Feet (S 32 05' 53" W 20.51 ') to a set 5/8" iron rod with a plastic i.d. cap in a stonewall, 6) South Fifty Degrees, Zero Minutes, One Second East, Two Hundred Fifty-Four and Fifty Two Hundredths Feet (S 50 00'01" E 254.52') to a set 5/8" iron rod with a plastic i.d. cap, 4" above grade, and 7) South Seventy-Two Degrees, Forty-Six Minutes, Fifty-Eight Seconds East, Two Hundred Fifty-Two and Ninety-Seven Hundredths Feet (S 72 46'58" E 252.97') to a set 5/8" iron rod with a plastic i.d. cap, in a stonewall; THENCE along a stonewall for portions of the way, along the lands of William R. Nieman, Deed Reference Liber 12841, page 450, Matthew & Donna Lynch, Deed Reference Liber 5571, Page 203, John Paul. B Vinculado, Deed 13718, Page 969, and Shannon Fabor, Deed Reference
Liber 13160, page 463, and all being as shown on Filed Map number 6630, South Twenty Degrees, Thirty-Nine Minutes, Thirteen Seconds West, Three Hundred Sixty-Two and Seventy-Six Hundredths Feet (S 20 39' 13" W 362.76'); THENCE along the lands of Lake New Windsor, LLC, Deed Reference Liber 5609, page 81, and generally along the center of a stonewall, the following courses and distances: 1) South Nineteen Degrees, Thirty-One Minutes, Fourteen Seconds West, Five Hundred Nine and Twenty-Three Hundredths Feet (S 19 31 '14" W 509.23'), 2) South Twenty Degrees, Forty-Five Minutes, Twenty-Three Seconds West, Nine Hundred Thirty-Eight and Twenty-Seven Hundredths Feet (S 20 45'23" W 938.27'), and 3) South Seventeen Degrees, Eleven Minutes, Seventeen Seconds West, Two Hundred Forty Five and Zero Hundredths Feet (S 17 11 '17" W 245.00'); THENCE along the lands of Lake Blooming Grove, LLC, Deed Reference Liber 5609, Page 84, and generally along the center of a stonewall, the following courses and distances: 1) North Seventy-Six Degrees, Forty-Two Minutes, Thirty-Seven Seconds West, Four Hundred Forty-Nine and Eleven Hundredths Feet (N 76 42'3"/" W 449.11 ') and 2) North Seventy-Five Degrees, Thirty-Nine Minutes, Fourteen Seconds West, Six Hundred Sixteen and Ten Hundredths Feet (N 75 39' 14" W 616.10') to the northerly comeroflands of Beck, Deed Reference Liber 4736, Page 85; THENCE along the land of Mallon, Deed Reference Liber 4450, page 300, and generally along the center of a stonewall, North Seventy-Five Degrees, Thirty Minutes, Fifty-Six Seconds West, Four Hundred Fifty-Seven and Forty-Two Hundredths Feet (N 75 30'56" w 457.42'); THENCE along the lands of Sawhney, Deed Reference Liber 6174, Page 90, North Seventy-Five Degrees, Thirty Minutes, Fifty-Six Seconds West, Twenty-Six and Forty-Seven Hundredths Feet (N 75 30'56" W 26.47') to a found Yi" iron rod, in a stonewall comer; THENCE along the lands of Roberts, Deed Reference Liber 3627, Page 44, 1) North Twenty-Five Degrees, Twenty-Eight Minutes, Twenty-Two Seconds East, One Hundred Fifty-One and Seventy-Eight Hundredths Feet (N 25 28'22" E 151. 78'), 2) North Seventy-Five Degrees, Thirty Minutes, Fifty-Six Seconds West, Two Hundred Forty-Eight and Sixteen Hundredths Feet (N 75 30'56" W 248.16'), and 3) North Eighty-One Degrees, Thirty-Five Minutes, Thirty-One Seconds West, Eighty-Seven and Sixteen Hundredths Feet (N 81 35'3 l" W 87.16') to the point of beginning. CONTAINING 80.69 acres of land as surveyed by Mercurio-Norton-Tarolli-Marshall, Land Surveying-Engineering, P.C., 45 Main Street, Pine Bush, NY 12566. Bearings refer to north datum of filed map number 92-96.
13. SUBJECT to all notes and details as shown on the above described filed map number 406- SUBJECT to utility easements, grants or rights-of-way of record, if any. SUBJECT to a life estate and notice as described in Liber 4382 of Deeds, Page 97, as it may apply. INTENDED to be the same premises conveyed to Weikfield Windsor Development, Inc., by a deed filed in the Orange County Clerk's Office in Liber 13683 of Deeds, Page 1030. WHEREAS, a map, plan and report was prepared by Mercurio-Norton-Tarolli- Marshall, Engineering & Land Surveying, P.C., competent engineers duly licensed by the State of New York, for the proposed establishment of Drainage District No. 17, in the Town of New Windsor, in the County of Orange, New York, and the construction of a drainage system therein, consisting of the construction of dry swales and a bioretention basins, including land or rights in land, original furnishings, equipment, machinery, apparatus and appurtenances thereto as more precisely described in said map, plan and report (the "Drainage Improvement"); and WHEREAS, the Town Board has given due consideration to the impact that the District may have on the environment and on the basis of such consideration, the Town Board has found that no substantial adverse environmental impact will be caused by such District; and WHEREAS, the Town Board and the Town have complied in every respect with all applicable federal, state and local laws and regulations regarding environmental matters, including compliance with the New York State Environmental Quality Review Act, comprising Article 8 of the Environmental Conservation Law and, in connection therewith, a duly processed negative declaration and/or other applicable documentation has been filed in the office of the Town Clerk; and
WHEREAS, the District to be established and the Drainage Improvement constructed therein shall be at no cost to the Town or District; Now therefore, be it DETERMINED and stated that the estimated annual cost of the District to the Typical Property (as defined in the Town Law) is $200.00; and that the Town Board has heretofore caused to be prepared and filed for public inspection with the Town Clerk, a detailed explanation of how such estimates were computed; and be it ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, in the Town, on the 2nd day of March, 2016, at 7:00 o'clock P.M. (Prevailing Time) to consider the establishment of the proposed District herein referred to, and to hear all persons interested in the subject thereof, concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and be it FURTHER ORDERED, that the Town Clerk publish at least once m "The Sentinel" a newspaper having a general circulation in the Town and the official newspaper of the Town, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a copy of this Order, certified by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing; and mail by first class mail to each owner of the taxable real property in the District, a notice of such public hearing in substantially the form attached hereto designated Exhibit "A"; and be it
FURTHER ORDERED, that the Town Clerk file a certified copy of this Order with the Comptroller of the State of New York on or about the date of publication of a copy of this Order. DATED: February 3, 2016 TOWN BOARD OF THE TOWN OF NEW WINDSOR (SEAL)
The adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: Supervisor George A. Green Councilwoman Biasotti Councilman Lundstrom Councilwoman Mullarkey Councilman Regenbaum Aye Aye Absent Aye Aye The Order was declared adopted. * * * * *
STATEOFNEWYORK ) :ss: COUNTY OF ORANGE ) I, DEBORAH GREEN, Town Clerk of the Town of New Windsor, in the County of Orange, New York, DO HEREBY CERTIFY that I have compared the preceding Order Calling Public '). l,.cl Hearing with the original thereof filed in my office on the.;:) day of February, 2016, and that the same is a true and correct copy of said original and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal -u:. of said Town on this\() day of February, 2016. (SEAL) Towne~