202-C - Dissolution and diminishing area of certain districts.

§  202-c.  Dissolution  and diminishing area of certain districts.  1.  The town board of any town may dissolve and discontinue those  districts  described  hereinafter  pursuant  either  to  the  provisions of article  seventeen-A of the general municipal law or the procedures  provided  in  this section.    1-a.  Upon  a  petition,  the  town board of any town may dissolve and  discontinue any lighting, snow removal,  water  supply,  or  refuse  and  garbage  district  or a sewer district in which no sewer system has been  constructed, provided that there be  no  indebtedness,  outstanding  and  unpaid,  incurred  to  accomplish  any of the purposes of such district.  Such petition shall be signed by at least ten percent or five  thousand,  whichever  is less, of the registered voters in this state registered to  vote in such district and authenticated in the manner  provided  by  the  election  law  for  the authentication of nominating petitions. When any  such  petition  containing  the  required  signatures  shall  have  been  presented, the town board shall adopt an order and enter the same in the  minutes  of its proceedings, reciting in general terms the filing of the  petition, and specifying the purpose thereof, the name and boundaries of  the district and the time when and place where said board will  meet  to  consider  the petition and to hear all persons interested in the subject  thereof concerning the same. If the petition shall propose that the area  of the district be diminished, the order shall also describe the portion  of the district to be eliminated. The board shall cause a copy  of  such  order, certified by the town clerk, to be published at least once in the  official  paper,  the  first publication thereof to be not less than ten  nor more than twenty days before the day set therein for the hearing  as  aforesaid, and shall cause a copy thereof to be posted on the sign board  of  the town maintained pursuant to subdivision six of section thirty of  this chapter not less than ten nor more than twenty days before the  day  designated  for  the  hearing  as  aforesaid.  If  the  town board shall  determine, after such hearing and upon the evidence given thereat,  that  it is in the public interest to dissolve the district or to diminish the  area thereof, the town board shall adopt an order accordingly dissolving  the  district  or  diminishing  its  area. If there are any contracts to  accomplish the purpose of such district in force and  effect,  the  town  board  shall  not dissolve such district, nor diminish the area thereof,  prior to the expiration of such contracts. If the district dissolved  be  wholly  within a village incorporated since said district was formed and  prior to April first, nineteen hundred sixty-five, all of  the  property  of  such  district  shall be and become the property of such village and  such village upon delivery thereof, shall assume  and  pay  all  of  the  debts  of  such  district.  If the district shall not be wholly included  within the limits of any village incorporated since  said  district  was  formed,  all  the property of such district shall become the property of  the town and such town upon delivery thereof, shall assume and  pay  all  the debts of such district.    2. Whenever the town board of any town shall determine it to be in the  public  interest, said town board may, upon its own motion and without a  petition, but after a public hearing held in the  manner  and  upon  the  notice  specified  in  subdivision  one  of  this  section, dissolve and  discontinue any sewer, drainage, water, park, public parking,  lighting,  snow removal, water supply, refuse and garbage, or public dock district,  provided  that  the  period  of three years shall have elapsed since the  date of establishment of such district and that no improvement has  been  constructed  or service provided for such district at any time since the  establishment  thereof  and  further   provided   that   there   be   no  indebtedness,  outstanding and unpaid, incurred to accomplish any of the  purposes of such district.2-a. Notwithstanding any other provision of general, special or  local  law,  rule or regulation to the contrary, whenever the town board of the  town of Islip shall determine it to be in the public interest, said town  board may, upon its own motion and  without  a  petition,  but  after  a  public  hearing  held  in  the  manner  and upon the notice specified in  subdivision one of this section,  dissolve  and  discontinue,  merge  or  combine any refuse and garbage district or districts, or otherwise amend  same  or  delete  services  therefrom  as  proposed  by such town board,  provided that a period of three years shall have elapsed since the  date  of  establishment  of any such district and that no improvement has been  constructed for such  district  at  any  time  since  the  establishment  thereof   and,   further,   provided  that  there  be  no  indebtedness,  outstanding and unpaid, incurred to accomplish any of  the  purposes  of  such district.    2-b.  Notwithstanding any other provision of general, special or local  law, rule or regulation to the contrary, whenever the town board of  the  town of Brookhaven shall determine it to be in the public interest, said  town  board  may,  upon its own motion and without petition, but after a  public hearing held in the manner  and  upon  the  notice  specified  in  subdivision  one of this section, dissolve and discontinue, diminish the  size of, extend, merge or combine any refuse  and  garbage  district  or  districts,  or  otherwise  amend same, change the basis of assessment of  properties within the district or districts from ad valorem to  benefit,  or  delete  services therefrom or expand services thereto as proposed by  such town board, provided that a period of at least one year shall  have  elapsed since the date of establishment of any such district and that no  improvement has been constructed for such district at any time since the  establishment   thereof   and,   further,  provided  that  there  be  no  indebtedness, outstanding and unpaid, incurred to accomplish any of  the  purposes  of  such  district.  In addition to the above limitations, any  resolution of the town board  of  the  town  of  Brookhaven  merging  or  combining  any  refuse  and  garbage  districts  shall  be  subject to a  permissive referendum in the manner prescribed in article seven of  this  chapter,  except  that  a  petition  requesting  a  referendum  shall be  sufficient only if signed, and acknowledged or proved, or authenticated,  by at least ten percent of the qualified electors residing  within  each  affected district.    2-c.  Notwithstanding any other provision of general, special or local  law, rule or regulation to the contrary, whenever the town board of  the  town  of Brighton, Monroe county, shall determine it to be in the public  interest, said town board  may,  upon  its  own  motion  and  without  a  petition,  but  after  a  public hearing held in the manner and upon the  notice specified in subdivision one of this section, diminish  the  Home  Acres,  Roselawn,  and  Bel-Air refuse and garbage districts by deleting  therefrom the  non-residential  properties  fronting  on  Monroe  avenue  presently  included  in  said districts, provided that a period of three  years shall have elapsed since the date of  establishment  of  any  such  district  and that no improvement has been constructed for such district  at any time since the establishment thereof and, further  provided  that  there be no indebtedness, outstanding and unpaid, incurred to accomplish  any  of the purposes of such district on the effective date of any order  adopted by the town  board  pursuant  to  this  subdivision.  Any  order  adopted  by the town board pursuant to this subdivision shall be subject  to a permissive referendum pursuant to article seven of this chapter.    * 2-d. Notwithstanding any other  provision  of  general,  special  or  local  law,  rule or regulation to the contrary, whenever the town board  of the town of Southeast, Putnam county shall determine it to be in  the  public  interest,  said  town board may, upon its own motion and withoutpetition, but after a public hearing held in the  manner  and  upon  the  notice  specified  in  subdivision  one  of  this  section, dissolve and  discontinue the Lakeview Manor Park District, provided that there be  no  indebtedness,  outstanding and unpaid, incurred to accomplish any of the  purposes of such district.    * NB There are 2 sub 2-d's    * 2-d. Notwithstanding any other  provision  of  general,  special  or  local  law,  rule or regulation to the contrary, whenever the town board  of the town of Putnam Valley shall determine it  to  be  in  the  public  interest, said town board may, upon its own motion and without petition,  but  after  a  public  hearing  held  in  the manner and upon the notice  specified in subdivision one of this section, dissolve  and  discontinue  any  refuse and garbage district or districts, provided that a period of  at least one year shall have elapsed since the date of establishment  of  any  such district and that no improvement has been constructed for such  district at any time  since  the  establishment  thereof  and,  further,  provided that there be no indebtedness, outstanding and unpaid, incurred  to  accomplish  any of the purposes of such district. In addition to the  above limitations, any resolution of the  town  board  of  the  town  of  Putnam  Valley  merging  or  combining  any refuse and garbage districts  shall be subject to a permissive referendum in the manner prescribed  in  article seven of this chapter.    * NB There are 2 sub 2-d's    2-e.  Notwithstanding any other provision of general, special or local  law, rule or regulation to the contrary, whenever the town board of  the  town  of  Oneonta,  in the county of Otsego, shall determine it to be in  the public interest, such town  board  may,  upon  its  own  motion  and  without petition, but after a public hearing held in the manner and upon  the  notice  specified  in subdivision one of this section, dissolve and  discontinue the Pyramid Mall water district, provided that there  be  no  indebtedness  outstanding  and unpaid, incurred to accomplish any of the  purposes of such district.    2-f. Notwithstanding any other provision of general, special or  local  law,  rule or regulation to the contrary, whenever the town board of the  town of Islip, county of Suffolk shall determine it to be in the  public  interest,  said  town  board  may,  upon  its  own  motion and without a  petition, but after a public hearing held in the  manner  and  upon  the  notice   specified   in  subdivision  one  of  this  section,  dissolve,  discontinue, merge or  combine  any  water  district  or  districts,  or  otherwise  amend  same  or delete services therefrom as proposed by such  town board, provided that a period of three  years  shall  have  elapsed  since  the  date  of  establishment  of  any  such  district  or that no  improvement has been constructed for such district at any time since the  establishment  thereof  and,  further,  provided  that   there   be   no  indebtedness,  outstanding and unpaid, incurred to accomplish any of the  purposes of such district.    2-g. (a) Notwithstanding the provisions of subdivisions one and two of  this section, as well as any other  provision  of  general,  special  or  local  law,  rule or regulation to the contrary, whenever the town board  of the town of Westerlo, county of Albany, shall determine it to  be  in  the  public  interest,  such  town  board  may,  upon its own motion and  without a petition, but after a public hearing held in  the  manner  and  upon  the  notice specified in subdivision one of this section, diminish  the Westerlo Water District  No.  1  by  deleting  therefrom  the  lands  described  in  paragraph  (b)  of  this  subdivision, provided that said  properties have not received any benefit from the water  district  since  its inception.(b)  The  lands  authorized  to  be  deleted  from  the Westerlo Water  District No. 1 are described as follows:                                 AREA NO. 1    Beginning  at a point in the northerly boundary line of New York State  Route 143, said point being the southwesterly corner of tax  map  parcel  139.09-2-22; thence in a southerly direction across New York State Route  143, 55 feet, more or less, to a point in the southerly boundary line of  New York State Route 143, said point also being the northeasterly corner  of tax map parcel 139.09-3-22; thence in a southerly direction along the  easterly  boundary  line  of  said parcel 139.09-3-22, 148 feet, more or  less, to a point, said point being  the  southeasterly  corner  of  said  parcel  139.09-3-22;  thence in a westerly direction along the southerly  boundary line of said parcel 139.09-3-22, 86.05 feet, more or less, to a  point,  said  point  being  the  southwesterly  corner  of  said  parcel  139.09-3-23,  said point also being in the easterly boundary line of tax  map parcel 139.09-3-21;  thence  in  a  southerly  direction  along  the  easterly  boundary line of said parcel 139.09-3-21, 189.72 feet, more or  less, to a point, said point being the southeast corner of  said  parcel  139.09-3-21; thence in a westerly direction along the southerly boundary  line  of  said parcel 139.09-3-21, 99.08 feet, more or less, to a point,  said point being the southwest corner of said parcel  139.09-3-21,  said  point  also  being  in  the  easterly  boundary  line  of tax map parcel  139.09-3-20; thence in a southerly direction along the easterly boundary  of tax map parcel 139.09-3-20, 120 feet, more or less, to a point,  said  point being the southeast corner of said parcel 139.09-3-20; thence in a  westerly  direction  along  the  southerly  boundary line of said parcel  139.09-3-20, 100 feet, more or less, to a point, said  point  being  the  southwest  corner  of  said parcel 139.09-3-20; said point also being in  the easterly boundary line of tax map parcel 139.00-1-30;  thence  in  a  southeasterly  direction along the easterly boundary line of said parcel  139.00-1-30, 540 feet, more or less, to a point; thence continuing in  a  southerly   direction   along  the  easterly  boundary  of  said  parcel  139.00-1-30, 430 feet, more or less, to a point, said  point  being  the  southwest  corner  of tax map parcel 139.00-1-29; thence continuing in a  southerly direction along the southerly projection of the last described  course and through the lands of the Town  of  Westerlo  Town  Park,  755  feet,  more  or  less,  to  a  point;  thence  in  a westerly direction,  perpendicular to the last described course and through the lands of  the  Town  of  Westerlo  Town Park, 1185 feet, more or less, to a point, said  point being in the easterly boundary line of County Route 401; thence in  a northerly direction along the easterly boundary line of  County  Route  401,  250 feet, more or less, to a point; thence in a westerly direction  across County Route 401, 50 feet, more  or  less,  to  a  point  in  the  westerly  boundary  line  of County Route 401, said point also being the  southeasterly corner of tax map parcel 139.00-1-44; thence in a westerly  direction along the southerly boundary line of said parcel  139.00-1-44,  720 feet more or less, to a point, said point being the southwest corner  of  said  parcel  139.00-1-44; thence in a northerly direction along the  westerly boundary line of said parcel 139.00-1-44,  220  feet,  more  or  less,  to  a point, said point being the northwest corner of said parcel  139.00-1-44; thence in a northeasterly  direction  along  the  northerly  boundary  line  of said parcel 139.00-1-44, 410 feet, more or less, to a  point; thence continuing in an easterly direction  along  the  northerly  boundary  line  of said parcel 139.00-1-44, 400 feet, more or less, to a  point, said point being in the easterly boundary line  of  County  Route  401; thence in a northerly direction along the easterly boundary line of  County  Route  401,  480  feet,  more or less, to a point; thence across  County Route 401, 50 feet, more or less, to a point,  said  point  beingthe  southeast  corner  of  tax  map  parcel  139.00-1-45.1; thence in a  westerly direction along the southerly  boundary  line  of  said  parcel  139.00-1-45.1,  305  feet,  more  or  less, to a point, said point being  southwest  corner  of  said  parcel 139.00-1-45.1; thence in a northerly  direction along the westerly boundary line of said parcel 139.00-1.45-1,  390 feet, more or less, to a  point,  said  point  being  the  northwest  corner  of  said  parcel  139.00-1-45.1; thence in an easterly direction  along the northerly boundary line of said parcel 139.00-1-45.1, 55 feet,  more or less, to a point, said point being the southwest corner  of  tax  map  parcel  139.09-1-33;  thence  in  a  northerly  direction along the  westerly boundary line of said parcel 139.09-1-33,  130  feet,  more  or  less,  to  a point, said point being the northwest corner of said parcel  139.09-1-33;  thence  in  an  easterly  direction  along  the  northerly  boundary  line  of  said parcel 139.09-1-33, 60 feet, more or less, to a  point, said point being in the  westerly  boundary  of  tax  map  parcel  139.09-1-31; thence in a northerly direction along the westerly boundary  line  of  tax  map parcels 139.09-1-31, 139.09-1-30 and 139.09-1-29, 150  feet, more or less, to a point, said point being the southeast corner of  tax map parcel 139.09-1-21, thence in a  westerly  direction  along  the  southerly  boundary  line  of said parcel 139.09-1-21, 345 feet, more or  less, to a point, said point being the southwest corner of  said  parcel  139.09-1-21;  said  point  also  being  the  southeast corner of tax map  parcel 139.09-1-20.2; thence along the southerly boundary line  of  said  parcel  139.09-1-20.2,  71.39 feet, more or less, to a point, said point  being the northeast corner of said parcel  139.09-1-18.1;  thence  in  a  southwesterly  direction along the easterly boundary line of said parcel  139.09-1-18.1, 694 feet, more or less, to a point, said point being  the  southeast  corner  of  said  parcel  139.09-1-18.1; thence in a westerly  direction  along  the   southerly   boundary   line   of   said   parcel  139.09-1-18.1,  288 feet, more or less, to a point, said point being the  southwest corner of said parcel 139.09-1-18.1; thence in a westerly  and  southerly  direction  along the easterly boundary line of tax map parcel  138.00-2-19, 1925 feet, more or less, to a point, said point  being  the  southeast  corner  of  said  parcel  138.00-2-19;  thence  in a westerly  direction along the southerly boundary line of said parcel  138.00-2-19,  480  feet,  more  or  less,  to  a point, said point being the southwest  corner of said parcel 138.00-2-19, thence in a northerly direction along  the westerly boundary line of said parcel 138.00-2-19, 2550  feet,  more  or  less,  to  a  point,  said  point being the northwest corner of said  parcel 138.00-2-19, said point also being in the southerly boundary line  of tax map parcel 138.00-2-17; thence in a westerly direction along  the  southerly  boundary  line  of said parcel 138.00-2-17, 230 feet, more or  less, to a point in the easterly boundary  line  of  County  Route  402;  thence  in  a  northeasterly  direction  along  the easterly boundary of  County Route 402, 400 feet, more or less, to a point  in  the  southerly  boundary  line  of  County  Route 1, thence along the southerly boundary  line of County Route 1, 375 feet, more  or  less,  to  a  point;  thence  across  County  Route  1,  65 feet, more or less, to a point, said point  being the southwest corner of tax map parcel 139.09-1-14;  thence  in  a  northerly  direction  along  the  westerly  boundary line of said parcel  139.09-1-14, 160 feet, more or less, to a point, said  point  being  the  northwest  corner  of  said  parcel  139.09-1-14;  thence in an easterly  direction  along  the  northerly  boundary  line  of  tax  map   parcels  139.09-1-14,  139.09-1-13 and 139.09-1-12, 407.51 feet, more or less, to  a point, said point being in the westerly boundary line of  said  parcel  139.09-1-8.1;  thence  in  a  northerly  direction  along  the  westerly  boundary line of said parcel 139.09-1-8.1, 685 feet, more or less, to  a  point,   said   point   being   the  northwest  corner  of  said  parcel139.09-1-8.1, said point also being the  southwest  corner  of  tax  map  parcel  139.00-1-2.1; thence in a northerly direction along the westerly  boundary line of said parcel 139.00-1-2.1, 540 feet, more or less, to  a  point,   said   point   being   the  northwest  corner  of  said  parcel  139.00-1-2.1; thence  in  an  easterly  direction  along  the  northerly  boundary  line of said parcel 139.00-1-2.1, 767 feet, more or less, to a  point said point being the northeast corner of said parcel 139.00-1-2.1;  thence in a southerly direction along the westerly boundary line of  New  York  State  Route  143,  520 feet, more or less, to a point; said point  being in the easterly boundary line of tax map parcel 139.09-1-1; thence  in an easterly direction across New York State Route 143, 50 feet,  more  or  less,  to  a  point  in the easterly boundary line of New York State  Route 143, said point also being the northwest corner of tax map  parcel  139.09-2-1; thence in an easterly direction along the northerly boundary  line  of said parcel 139.09-2-1, 748 feet, more or less to a point, said  point being the northeast corner of said parcel 139.09-2-1; thence in  a  southerly  direction  along  the  easterly  boundary line of said parcel  139.09-2-1, 327 feet, more or less, to a point,  said  point  being  the  southwest  corner  of  said  parcel  139.09-2-1;  thence  in a southerly  direction along the easterly boundary line of tax map parcels 139.0-2-4,  139.09-2-5, 139.09-2-6 and 139.09-2-7, 369.01 feet, more or less,  to  a  point,  said  point  being  the  northwest  corner  of  tax  map  parcel  139.09-2-16;  thence  in  an  easterly  direction  along  the  northerly  boundary  line  of tax map parcels 139.09-2-16, 139.09-2-19, 139.09-2-20  and 139.09-2-21, 492.4 feet, more or less, to a point, said point  being  the  northeast  corner of said parcel 139.09-2-21; thence in a southerly  direction along the easterly boundary line of said  parcel  139.09-2-21,  420  feet,  more  or less, to the point and place of beginning along the  northerly boundary line of New York State Route 143,  containing  158.16  acres, more or less, as shown on a map entitled "Proposed Westerlo Water  District No. 1", dated January 2002, revised April 20, 2010 and prepared  by Stantec Consulting Services, Inc.                                 AREA NO. 2    Beginning  at  a  point  in the westerly boundary line of County Route  412, said point also being  the  southeast  corner  of  tax  map  parcel  139.00-1-7;  thence in a westerly direction along the southerly boundary  line of said parcel 139.00-1-7, 150 feet, more or less, to a point, said  point being the southwest corner of said parcel 139.00-1-7; thence in  a  northerly  direction  along  the  westerly  boundary line of said parcel  139.00-1-7, 100 feet, more or less, to a point,  said  point  being  the  northwesterly  corner  of  said parcel 139.00-1-7, thence in an easterly  direction along the northerly boundary line of said  parcel  139.00-1-7,  25  feet,  more  or less, to a point, said point being the southwesterly  corner of tax map parcel 139.00-1-8; thence  in  a  northerly  direction  along  the  westerly  boundary line of said parcel 139.00-1-8, 100 feet,  more or less to a point, said point being the  northwesterly  corner  of  said  parcel  139.00-1-8;  thence  along  the westerly projection of the  northerly boundary line of said parcel  139.00-1-8,  75  feet,  more  or  less,  to a point; thence in a northerly direction along a line parallel  to County Route 412, 225 feet, more or less,  to  a  point,  said  point  being  200 feet, more or less, westerly of the westerly boundary line of  County Route 412, thence in an easterly direction,  200  feet,  more  or  less,  to  a  point,  said  point being in the westerly boundary line of  County Route 412; thence in a southerly  direction  along  the  westerly  boundary  line  of  County  Route 412 and the easterly boundary lines of  said parcels 139.00-1-8 and 139.00-1-7, 425 feet, more or less,  to  the  point  and  place  of beginning, containing 1.69 acres, more or less, as  shown on a map entitled "Proposed Westerlo Water District No. 1",  datedJanuary  2002, revised April 20, 2010 and prepared by Stantec Consulting  Services, Inc.                                 AREA NO. 3    Beginning  at  a  point  in the easterly boundary line of Anable Road,  said  point  being  the  southwesterly  corner   of   tax   map   parcel  128.00-1-27.12,  said  point  also being the northwest corner of tax map  parcel 139.00-1-12; thence in an easterly direction along the  northerly  boundary  line  of said parcel 139.00-1-12, 350 feet, more or less, to a  point,  said  point  being  the  northeasterly  corner  of  said  parcel  139.00-1-12;  thence  in  an  easterly  direction  along  the  northerly  boundary line of tax map parcel 139.00-1-15.3, 450 feet, more or less to  a point, said point  being  the  northeasterly  corner  of  said  parcel  139.00-1-15.3;  thence  in  a southeasterly direction along the easterly  boundary line of said parcel 139.00-1-15.3, 450 feet, more or less, to a  point,  said  point  being  the  southeasterly  corner  of  said  parcel  139.00-1-15.3, said point also being the northeasterly corner of tax map  parcel  139.00-1-14,  thence in a westerly direction along the southerly  boundary line of said parcel 139.00-1-15.3, 1050 feet, more or less,  to  a  point, said point being in the easterly boundary line of Anable Road,  said  point  also  being  the  southwesterly  corner  of   said   parcel  139.00-1-15.3;  thence  in  a  northerly  direction  along  the easterly  boundary line of Anable Road, 166.7 feet, more or less, to a point, said  point being the southwesterly corner of said parcel 139.00-1-12;  thence  in a northeasterly direction along the easterly boundary line of Annable  Road,  250  feet,  more  or  less,  to the point and place of beginning,  containing 9.42 acres, more or less, as shown on a map entitle "Proposed  Westerlo Water District No. 1", dated January 2002,  revised  April  20,  2010 and prepared by Stantec Consulting Services, Inc.    3.  Sidewalk  districts created in towns pursuant to the provisions of  chapter sixty-three of the laws of nineteen hundred nine, as amended, or  pursuant to the provisions of this  chapter  as  originally  enacted  or  subsequently amended, are hereby dissolved. The improvements constructed  in  any  sidewalk  district  hereby  dissolved  shall  be and become the  property of the town in which the improvements are located,  unless  any  portion  of  such  district  shall  on  January  first, nineteen hundred  forty-six, be within a village or city in which event  the  improvements  constructed  in any such district, which are located in any such village  or city, shall be and become the property of the village or city, as the  case may be. Taxes shall continue to be levied within the  present  area  of  such  districts,  as  heretofore,  for  the payment of any debts and  liabilities of  such  districts  existing  on  January  first,  nineteen  hundred  forty-six.  If  any  such district shall have moneys on hand on  January first, nineteen hundred forty-six, such moneys shall be  applied  to  the  payment  of the debts and liabilities, if any, of such district  and the excess shall be and become the property of  the  town  in  which  such  district  is located unless any such district shall be now located  wholly within a village or city in which event such excess shall be  and  become  the  property of the village or city, as the case may be. If any  such district be located in two or more towns, and is not wholly  within  a  village  or  city,  such  excess shall be divided among such towns in  proportion to the assessed valuations  of  the  properties  within  such  district  as  shown  on the completed assessment rolls for such district  pursuant to which the last tax was  levied  for  the  purposes  of  such  district.    4.  Notwithstanding  any other provision of general, special, or local  law, rule, or regulation to the contrary, whenever the town board of the  town of Southampton, Suffolk county shall determine  it  to  be  in  the  public  interest, said town board may, upon its own motion and without apetition, but after a public hearing held in the  manner  and  upon  the  notice  specified  in  subdivision  one  of  this  section, diminish the  Hampton Bays water district by deleting therefrom all lands east of  the  Shinnecock Inlet within the village of Southampton presently included in  said district. In addition, any order adopted by the town board pursuant  to this subdivision shall be subject to a permissive referendum pursuant  to article seven of this chapter.    5.  Notwithstanding  any other provision of general, special, or local  law, rule, or regulation to the contrary, whenever the town board of the  town of Huron, Wayne county shall determine  it  to  be  in  the  public  interest,  said  town  board  may,  upon  its  own  motion and without a  petition, but after a public hearing held in the  manner  and  upon  the  notice  specified in subdivision one of this section, diminish the Sodus  Bay aquatic plant growth control  district  by  deleting  all  lands  in  extension 2 consisting of lots 5 through 71 on the water side of Ann Lee  Drive,  extension 3, consisting of lots 79 through 104 on the water side  of Ann Lee Drive and extension 4 consisting of all property  on  Spiegel  Parkway  fronting Sodus Bay, consisting of lots 53 through 67 (including  lots 56A and 56B) and lots 100 through 112 and all land to the south  of  that  land all to the north of Ridge Road fronting Sodus Bay, all in the  town of Huron, presently included in said  district.  In  addition,  any  order  adopted  by  the town board pursuant to this subdivision shall be  subject to permissive referendum  pursuant  to  article  seven  of  this  chapter.    6.  (a)  Notwithstanding  any  other  provision of general, special or  local law, rule, or regulation to the contrary, whenever the town  board  of  the  town  of Chester, Warren county shall determine it to be in the  public interest, said town board may, upon its own motion and without  a  petition,  but  after  a  public hearing held in the manner and upon the  notice specified in  subdivision  one  of  this  section,  diminish  the  Pottersville water district by deleting therefrom the lands described in  paragraph  (b) of this subdivision located in the hamlet of Pottersville  and presently included in said district. In addition, any order  adopted  by  the  town  board  pursuant to this subdivision shall be subject to a  permissive referendum pursuant to article seven of this chapter.    (b) The lands authorized to be deleted  from  the  Pottersville  water  district is described as follows:    All that parcel of land located in and near the Hamlet of Pottersville  in  the  Town  of  Chester,  Warren County, New York being part of lands  shown on "Map Proposed Water District Pottersville" dated April 15, 1946  by E. D. Collamer, C. E. and surveyed by G. J. Weaver in  October  1945,  said  map  being  duly  filed in the Office of the Clerk for the Town of  Chester, said parcel being more particularly bounded  and  described  as  follows:    Beginning  at  the  point of intersection of the centerline of the New  York State Highway leading northerly from Loon Lake to Pottersville  and  more  commonly  known  as Route #9 with the southerly line of the former  Lighting District #2 in the Town of Chester, New York, which said  point  of  beginning  lies in the southerly line of the said Water District and  running    Thence along the southerly line of said District and accordance to the  true meridian North 75