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2013-02-11
Town of Wappinger Zoning Board of Appeals Town of Wappinger Zoning Board of Appeals February 11, 2014 Summarized Minutes Members: Mr. Prager Mr. Brian Rexhouse Mr. Casella Mr. Johnston Mr. Galotti Others Present.• Mrs. Barbara Roberti Ms. Sue Rose Mr. Jim Horan MINUTES February 11, 2014 Minutes Town Hall 20 Middlebush Road Wappinger Falls, NY Chairman Member Member Member Member-Absent Zoning Administrator Secretary Attorney SUMMARY Mousa Nesheiwat Variance Granted Michael Goodwin Adjourned until March 11th Aaron Kellner & Krystal Campbell Adjourned until February 25th 1 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Prager: I would like to call the Town of Wappinger Zoning Board of Appeals to order. Roll call please. Ms. Rose: Howard Prager-----Here Brian Rexhouse-----Here AI Casella-----------Here Bob Johnston-------Here Peter Galotti--------Absent Mr. Prager: The first item on tonight's agenda is the acceptance of the minutes from January 28thth. Do I have a motion to accept these minutes? Mr. Casella: I make a motion to accept these minutes. Mr. Johnston: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: The next item on tonight's agenda is a Public Hearing: Appeal 14-7514 Mousa Nesheiwat- Is seeking an area variance of 240-37 of the Town of Wappinger Zoning Regulation in an R-40 Zoning District. -Where 50 feet is required to the front yard property line, the applicant can only provide 28.7 feet, thus requiring 21.3 feet for an existing front porch and steps. -The property is located at 94 Robinson Lane and is identified by Tax Grid No. 6459- 03-070409 in the Town of Wappinger. Mr. Prager: Are all the mailings in order? Ms. Rose: Yes sir. Mr. Prager: Can I have a motion to open the Public Hearing? Mr. Johnston: I make a motion to open the Public Hearing. Mr. Rexhouse: Second. 2 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Prager: All in favor? Board: Aye. Mr. Nesheiwat: I need to get the c/o for my house and this was a very difficult lot to work with. Mr. Prager: Why wasn't the porch on the original drawings? Nesheiwat: Mr My understanding was and so was my engineer that the variance . was for the house. The calculation was from the house; that is where the confusion came from. Prager: Mr We did have a site visit. You really have no back yard and we did . get the letter from your neighbor giving you permission to clear the back yard. Did you plant some trees? Mr. Nesheiwat: I did tell them that I would clean up and plant some nicer trees. Prager: Mr The only thing that I worry about is the property line. We would . like to make sure, if the property was sold to someone else, that the new owners would know where their property line is. We were thinking about the same trees that you already planted on the other lot. Mr. Nesheiwat: I can plant some boxwood bushes. Mr. Prager: Is there anyone in the audience that would like to speak for or against this variance? Mr. Prager: Hearing none from the audience, does anyone on the board have any questions? Mr. Johnston: Did you have a subcontractor build those steps? Mr. Nesheiwat: When we poured the foundation, we also poured for the steps. We had it inspected and I thought everything was alright. Mrs. Roberti: Just for clarification, when the preliminary plot plan came in for the house, this house was going to be a rehab for an existing old house. He had to come in with new plans as he was starting from scratch. The stairs were not on the preliminary, just the box house. The first round of variances was for the front setback and the rear setback. The interim plan only showed the house again. Then he Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes came in for his final as built and to get his c/o and that is when the steps where being shown and that is when we discovered he needed this variance. Mr. Horan: For the record, in reference to the prior variance it would be important to note the number of the prior variance. Ms. Rose: The prior variance is 13-7483. Mr. Prager: Can I have a motion to close the Public Hearing? Mr. Johnston: I make a motion to close the Public Hearing. Mr. Casella: Second. Mr. Prager: Can I have a motion to grant or deny this variance? Mr. Casella: I make a motion to grant this variance with a stipulation. I want bushes planted on the property line so when the property is sold the new owners know where their property line is. 5 to 6 5 gallons boxwood bushes. Mr. Prager: Barbara, do you need a cash bond? Ms. Roberti: Yes, it will be inspected to make sure these have been planted and then the bond will be returned. Mr. Nesheiwat: How would that work with the c/o? Mrs. Roberti: It would be a conditio e with the/town to those buyeeanow tha and has been put into plat there is something that has to be put in. Mr. Horan: When they are put in, the bond will be refunded. Mr. Rexhouse: Second. Mr. Prager: Roll call vote: Ms. Rose: AI Casella Aye Brian Rexhouse Aye Bob Johnston No Howard Prager Aye 4 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Prager: Next item on the agenda is another Public Hearing: Appeal 14-7515 Michael Goodwin-Is seeking an area variance of 280 A of NYS Town Law and 240- 20A of the Town of Wappinger Zoning Code in and R 20/40 Zoning District. -Where anv construction of anv structure unless the street or hicthway giving access to said use or structure has been suitably improved to Town road standards for the construction of a modular home, consisting of 3 bedrooms, 1 family room, 1 dining room, 1 bath, central air, and a garage. -The property is located at 35 Dugan Lane and is identified by Tax Grid No. 6256- 02-970944 in Appeal No. 13-7509 Mr. Prager: Are the mailings in order? Ms. Rose: Yes sir. Mr. Prager: Do I have a motion to open the Public Hearing? Mr. Casella: I make a motion to open the Public Hearing. Mr. Johnston: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: Please state your name for the record. Mr. Indorf: My name is Joshua Indorf and I am interested in developing a property on Dugan Lane. Mr. Goodwin: My name is Michael Goodwin. Mr. Prager: We did have a site visit. Mr. Prager: (Looking at the map) please explain why you need this. Also explain where the black top ends. Is the person that owns that back lot, did he put that in? Mr. Indorf: Not that I know of. We did have a survey done. 5 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Goodwin: Since I have owned the property, the driveway has always been there. He is making a mess down there and I sent him a letter. Mr. Prager: (Pointing to the map) please come up here. This is the road and this is the driveway. Mr. Horan: Is there an existing driveway? Mr. Goodwin: That is an existing driveway. (Pointing to the map) Mr. Prager: (Pointing to the map) this is where the house is going to go? Mr. Goodwin: Yes. Mr. Johnston: (Pointing to the map) it is all undeveloped from here on in? Mr. Goodwin: The whole driveway is proposed. (Pointing to the map) that is a private road back there. Mr. Horan: I don't know if all of Dugan Lane was accepted by the town. At looking at the Town Clerk's records, back in the 60's, down towards this part of Dugan (Pointing to the map) it was a private road and the property owners along the road got a petition up to have the town accept the road. The Planning Board started in 1962 and the plat was done prior to that. There was no typical subdivision process. Back then the requirement was, if you wanted to sell property you have to file the plat in the County Clerk's office. The question becomes and I haven't found anything. Did you have a title search done on this property? Mr. Goodwin: Yes. Mr. Horan: Is there any reference to a map being filed in the County Clerk's office? Mr. Goodwin: I have that information but I haven't looked at it in a while. Mr. Horan: If you can get us the title search, it would be helpful. There are two issues here. One is whether or not this is a town road. There is a quick claim deed referenced in the Town Clerk's office. It seems to have stopped in one particular place. Where it is I don't know. The quick claim deed can go over to Martin Drive. Is it used? Mr. Goodwin: Not really but there are telephones that go down there. 6 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Mr. Horan: That may indicate that it was a town road because the telephone poles, under New York State Corporation Law, the utilities have the right to put poles in the town's right away without an easement. Did you buy this at a tax sale? Mr. Goodwin: Yes. (Pointing to the map) this road may not have been deeded to the town. We may own all the way out to here. We could have a maintenance agreement from the road that we would take care of it. Mr. Horan: True. The second issue is how good does the road have to be. If the town doesn't own it, and it is a private road, we could consider it as a driveway and you don't have to improve it to town standards. There may be a right away in the future. I don't see an issue with granting you the right to build. There are other lots along here (Pointing to the map). I believe there was an application to build on one of these two. There is an old ZBA application, which I will look up. It is one of these two (Pointing to the map). One in the 70's and one in the 80's. Mr. Goodwin: These both look like 70's houses. I could go back to Barger to get some more information and then we can schedule another meeting. Mr. Horan: We can move it out a month. I don't have an issue granting the building permit. The road is going to be the issue. Mr. Goodwin: We don't have a problem maintaining the road. Mrs. Roberti: Graham states that they maintain the road up to the black top. Mr. Casella: How would you maintain the road? Mr. Goodwin: It is a family member and it is written in the deed. Mr. Horan: My suggestion would be that where the town maintenance would end put a cul de sac and then a driveway to the house. Mr. Casella: So they can get emergency vehicles up there. Mr. Prager: In the past it was not done and if an emergency they can get in but would have to back out all the way. I know we have a letter from the chief of the Fire Department and the one thing he is 7 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes recommending is a cul de sac. You know that road because if you get a large truck up there it is almost impossible to back out. Mr. Indorf: Would that be our responsibility if it is a town road? Mr. Prager: Everybody is thinking that portion of the road is not a town road. Mr. Johnston: On that Duga noa ed thattthere are s gnl on all othe~town ~oadsow I ordinances. Horan: Mr t go There has to be a a a G e p s . needs road than t more t ce ~ot a does through, the town p Indorf: Mr one else If we make the road s f h e . of the othe back out now have to uld on that road, they wo driveways. For us to put a big cul de sac in for the last lot down there we have to figure this out. Mr. Horan: The lot next door is developed. Mr. Indorf: The lot on both sides. Mr. Horan: I'm going to ask Graham if he wants a cul de sac or put the road all the way to Shady Brook and I pretty much know the answer. Mr. Indorf: We are thinking of a driveway 12 or 14 foot wide. Mr. Horan: The driveway would have to comply with the town's specifications. The question is where does the town road end. (Pointing to the map) if this is the end of the town maintenance you have to have an agreement with this owner of this lot. Mr. Indorf: (Pointing to the map) this driveway ends here. Mrs. Roberti: Does this gentleman have two driveways? Mr. Indorf: No. Mr. Goodwin: What we were going to ask if we could have maintenance agreement to where the driveway starts here. (Pointing to the map). Mrs. Roberti: Let's lookup his house permit and this house and see if they just kept extending the road. 8 Town of Wappinger Zoning Board of Appeals Mr. Utter: I can find that out. February 11, 2014 Minutes Mrs. Roberti: Do you have a maintenance agreement with the other people on Martin? Mr. Utter: We all chip in and pave when it is needed. Mrs. Roberti: So it is more of a gentleman's agreement. Mr. Utter: Yes. Mr. Indorf: Who plows the road? Mr. Utter: My father. Mr. Johnston: I make a motion to adjourn this until March llt" Mr. Casella: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: The next item on the agenda is an Adjourned Public Hearing on: Appeal No. 13-7504 Aaron Kellner & Krystal Campbell - Is seeking an area variance of Section 240-20(A) of the Town of Wappinger Zoning Regulation and 280-a of Town Law in an R-20 Zoning District. -The applicant (Kellner) proposes to access his lot over an easement which has been created over the 1.48 acre Campbell lot, two other lots on Easter Road would also gain access over the Campbell property with the granting of this variance. The properties are located at 76 & 80 Easter Road (Kellner) 54 & 62 Easter Road & 14 Circle Drive (Campbell) and are identified by Tax Grid Nos. 6056-01-294696/326668 (Kellner) & 6056-01-259729/276713/259750 (Campbell) in the Town of Wappinger. Mr. Prager: Can I have a motion to open the Adjourned Public Hearing? Mr. Johnston: I make a motion to open the Adjourned Public Hearing. Mr. Casella: Second. Mr. Prager: All in favor? 10 Town of Wappinger Zoning Board of Appeals Board: Aye. February 11, 2014 Minutes Mr. Horan: I think we should discuss the correspondence we have received. Mr. Prager: We have a time line from our Zoning Administrator, Barbara Roberf and it is dated January 24, 2014. It is for 80 Easter Road building permits. There are a number of letters I would like to get into the record. (Mr. Prager reads time line-a time line is attached to these minutes and is available upon request.) Mr. Johnston: Who took out the permit to fix the bridge? Mrs. Roberti: I couldn't find it. I looked for it because I thought it would be important to see who took it out. Since it would not be Mr. Kellner's grid, I couldn't find a grid that had it. Mr. Prager: Why did Mr. Adams questioned Leigh? Mr. Horan: Because of your relationship with Leigh, he was concerned about you being prejudice. Mr. Prager: I'm not prejudice. Mr. Horan: As we discussed, I don't feel there is a conflict in anyway. For the record, this morning Mr. Adams requested an adjournment of this evenings meeting because of miscommunication concerning Leigh. I sent him an a-mail on February 3rd indicating that I had no problem with him retaining Leigh but Mr. Adams had not read my e-mail. We then received an e-mail from Mr. Kellner stating he was going to get an estimate from a contractor, Stony Kill Excavators, and he still wanted to be on. I would, for the record, go over some of the things that were omitted from the ZBA meetings. In Mr. Kellner's letter dated 3-26-13 building department meeting we had agreed to the terms outlined in Bob Gray's letter, we were given two alternatives. One to re-grade the slope and add some fill and two was to repair the bridge culvert. We chose option one. In choosing option 1 it was subject to obtaining a variance from this board. They have come up with a preconceived notion that based on that letter they have an entitlement to the variance. Bob Gray makes it clear, that if they obtain the variance they need to do certain things and if they don't get the variance they would need to fix the culvert. As I have said along, I think it would be permissible to have the board say you can have the variance and get access over the Campbell property and you still have to fix the culvert. I 11 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes don't think it is necessarily off the table and they would be upset if that is one of the conditions. One of the things that has become evident is there is more going on here and Bob Gray's letter makes it clear that the cost here for the culvert repair is approximately $35,000. I had a conversation this afternoon with Bob Gray concerning his letter and one of the issues Mr. Kellner pointed out in the past is how expensive it would be. I don't know who he spoke to or if he spoke to anyone at all. One of the facts that Bob Gray pointed out is that the stream is a Class C stream. Which means it is not regulated by the DEC. If you have a regulated stream, in those cases the DEC has a fairly detailed stream disturbance process. Since this is a Class C stream, the applicant has the ability to go in with a backhoe dig out the stream and replace the bridge with two appropriate sized culvert pipes. Then fill over those culvert pipes. If it was a regulated stream, you would need something with an open bottom. From an engineering point of view, a circular shape is much stronger than an arch shape. You have the ability to put two pipes next to each other which you could not do if this was regulated. That reduces the cost because you don't have a big span. Bob Gray did point out that the joists on the bridge are high and go deep into the stream flow and that probably has a chance to catch logs and debris and that may have caused some of the damage that is there. Bob Gray is of the opinion that replacing the bridge with two culverts would be a better idea. Bob's letter states that HDPE, which is a plastic pipe, has a modest cost. With respect of $35,000 being the cost of that culvert, there are ten lots on Easter Road, nine are behind the bridge. If you split it up, you have $4,000 a lot; which is not that expensive of a cost. Bob Gray did say that the estimates that were thrown around were for precast concrete bridges. This would have to be trucked to the site and place in with a crane. Another issue which is very troubling, which has been stated over and over again by the Kellner's, is that Easter Road is grandfathered. The whole point of 280-A of the town law is that there is no such thing as grandfathering for the access for the structure. You cannot put a structure on a substandard road. The requirement that the road be improved applies to whether it is a town road or a private road. In respect to Mr. Kellner, if this is a town road that was badly maintained and if his house was still standing he could petition the town to maintain the road but here it is a private road. It doesn't matter how long the road existed, it doesn't get grandfathered, it needs to get suitable improved. The question to this board is what is suitable improved. It becomes difficult, it is a private road and we don't have specifications for a private road. It doesn't make 12 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes sense to have it brought to the standards of a town road. Our town code 240-20 requires that a building be on a street approved in accordance with town code specifications. It doesn't say town driveway specifications. The town had the ability to require Easter Road be improved to highway standards even though we didn't own it. We were cutting you a break and you continue to be stupid. It is not grandfathered. At looking at the drawings that were submitted, the applicant had said that they were willing to expand the driveway from 12 feet to 18 feet which is common driveway standards. In looking at the plot plan that was submitted, there is an issue where the driveway crosses the Campbell property boundaries out to Circle Drive on the map prepared by Ernie Martin. In the northern corner of the property, the driveway is shown on the plat as being 12 feet wide, from edge of pavement to edge of pavement. As that crosses on to Circle Drive, that 12 foot wide pavement takes up all of the frontage that this lot has on Circle Drive. The Campbell's only have 20 feet of frontage at an angel. You can't get any more than a 12 foot driveway without going onto an adjoining lot. The board then has a question with respect to the width of the driveway and driveway permits. The town code requires a driveway permit whenever a new driveway is constructed or repaired. In this case, they are preparing some repair to the driveway. No driveway permit has ever been issued for the Campbell lot or the Leggerio lot. Mrs. Kellner has made great show in talking about how the access over Leggerio is grandfathered and it is, as it stands. No new permit is required as long as it stays as it is. With respect to the Leggerio lot, I referenced this the last time because I didn't have the deeds in my procession, I asked Jon Adams to provide to me the deed that created the strange lot that is now out on River Road, that is now owned by Leggerio. That lot was created in 1961 and I will scan it and get it into the record; it is the lot that is 35 feet in the front and 100 and some in the back. Mr. Prager: Who is this owned by? Mr. Horan: It is owned by Leggerio. That is the small lot that is on Circle Drive. It was created by taking a piece from Joseph Gadapee and Marjorie Gadapee which I believe is this lot (Pointing to the map) I believe is to the south; on the opposite side from the Campbell Lot. It is not on Circle Drive. (Pointing to the map) lot 5 is Hernandez and the strange Leggerio lot is, the lot going out to Circle Drive, is in front of that lot, or just a portion of it. It looks like the piece was the piece that was cut from here. Just to get 13 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes a driveway from Easter Road. I think the Martinent owned .... Mr. Prager: Who owns lot 5? It is just a little lot. Mr. Horan: Lot 5 is now Hernandez. (Pointing to the map) in the memo I just gave you there is a listing. Mrs. Roberti: Leggerio is lot 5, Hernandez is lot 4, Sabrize is lot 6. Mr. Horan: Unfortunately they do not match up. Mr. Prager: I noticed that. Mr. Horan: What happens is, if you look, lot 1 is still lot 1. Toth has a 1 acre lot. On the original plat that was a '/z acre lot. Toth is lot 2 and 3. Mrs. Roberti: According to this lot 4 is Hernandez, lot 5 is Leggerio, lot 6 is Sabrize, lot 7 is Campbell now. Mr. Prager: Toth should be 2, right? Mr. Horan: Toth is actually 2 and 3. Burns is also an acre. Nothing matches up. Mrs. Roberti: Lot 1 got enlarged from Toth. Mr. Prager: Kellner should be lot 9. Mrs. Roberti: That would be 8 and 9. Lot 6 and 7 is Campbell. Mr. Horan: Lot 6 is 3 different lots. Mrs. Roberti: Kellner owns 2 lots and Sabrize isn't that big now. Mr. Horan: Originally there were 9 lots shown on the plat and there are 10 lots out there now. With respect to the deeds, the lot on Circle Drive goes with Martinent. At one point in time, mother and daughter, Lucy and Carmen, owned the adjacent lots. The lot that goes out to Circle Drive was a separate tax lot up until 1995 when it was combined. There is a deed in 1983 that says the two lots of Donald Sabrize and Sabrize transferred that lot to Bosch who transferred it to Leggerio. At one point in time that was owned by Donald Sabrize. Mrs. Roberti: This map show Sabrize cut in half. Mr. Kellner brought this map in 14 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes back in 'li. Mr. Casella: There is a dirt road that is always being blocked off; just tell Mr. Kellner to buy the property put the road there, it's a private road anyway, it would probably be cheaper than what you are going through now. Mr. Horan: The deed chain that I have seen, the only two lots that have a right to cross out to Circle Drive over that piece is Hernandez and Leggerio. The deeds says those two lots can use that piece of land to get out to Circle Drive. Mr. Casella: My point is that the dirt road, near Leggerio, there is already something there, it is deeded to come out to Circle Drive and it connects to Easter Road, why would you not buy that piece of road, it is a small piece and put a road in. It's got to be cheaper than anything else that is being done here today. Mrs. Roberti: It only gives approval for two lots to use it. Mr. Horan: The issue becomes, they would still need a variance. Mr. Prager: Just fix the road and be done with it. From a safety stand point, the person on the other side of that bridge has a heart attack and the ambulance cannot go over that bridge. They would have to go all the way up to Circle Drive and then came back down. Look at how much time that takes. Mrs. Roberti: And that is if the EMT's can find it. Mr. Horan: And frankly, the cost to repair that bridge would be less than what Leggerio would want for that property. Mr. Casella: So if he fixes the bridge, he would only need to put down item 4. Mr. Horan: The issue is not the item 4, it is the grading. The other issue is, he has the right to seek contribution from the other property owner on Easter Road and he has never tried to do that. If these people cooperated, we wouldn't be here. Mr. Prager: That is the problem. Mr. Casella: Has Mr. Kellner asked for an extension from the insurance 15 Town of Wappinger Zoning Board of Appeals company? Mrs. Roberti: He has repeatedly. February 11, 2014 Minutes Mr. Casella: And? Mrs. Roberti: They stated on the record, back in November and again at the last meeting, that their drop dead date is sometime this April. In my timeline, the letter Mrs. Kellner wanted me to sign, as a town official, that we were holding them up. But from 2006 to 2011, you did not see them and if they were having issue where were they. Mr. Horan: From the timeline, in 2006 they approached the town and the town told them the bridge needed to be fixed. He did not propose an alternative. Mr. Rexhouse: I think this all has to do with the conflict they have with Leggerio. The proposed way Bob Gray is suggesting is less costly. Mr. Prager: And it is the right way of doing it. Mr. Rexhouse: It will take care of the woman down below who states she is willing to participate. Mr. Prager: I would like copies of those deeds to be part of the record. Mr. Horan: One of the issues that Mr. Adams has raised in his memo, regarding whether or not they had the right to use Easter Road; there is a deed, from the filed map 2332, was filed by a Mr. Gavin and a Hudson Shannon Development Corp. (Mr. Horan reads deed-which is attached to these minutes). At this point Kellner owned the property originally at the time this map was filed. Kellner said the house was built in 1954 and this map was filed in 1951 and according to the map his father already owned the property. This map is confirming an existing right away. Mr. Prager: We will need those maps in the record too. Mrs. Roberti: June 29 2004, when the fire burnt the house down, Mr. Kellner was taken to the hospital and he stated that he did not have insurance on the house. There was an emergency meeting with the Town Board that night with a resolution, because the building inspector at that time felt the house was unsafe; and at a cost to the town of $1,600 the resolution approved it to be taken down and bill Mr. 16 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes Kellner. The question is what insurance did he fight for all these years or was it a misspoken statement at the time he was going to the hospital. Jim, correct me if I am wrong, if they come through Campbell property and they are not creating a road but a driveway the common driveway law, which has only been on the books for a few years, only allows three lots. Each lot has to show and demonstrate that they have an alternative means, which is technically Easter Road but then it would be more than 3 lots. Mr. Horan: I don't think the Campbell driveway is within the town's regulations. They would have to be incompliance with the regulations or get a variance from this board. 240-100 deals with says driveway alignment, specilfy 240-100 C: - __ __ A. General. For reasons of fire protection, on-site and off-site vehicular and pedestrian traffic safety, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the Superintendent of Highways; except where such are part of a use subject to special permit or site development plan approval by the Planning Board, in accordance with Article VII and Article 1X. B. Driveway grades. One-family residences. The maximum grade for any new driveway for aone-family dwelling shall be 12% except that where it can be demonstrated to the satisfaction of the approving authority that, because of practical difficulty or unreasonable hardship affecting a particular. property, the construction of a driveway shall be permitted, provided the increase in driveway grade is the minimum increase required and further provided that in no case shall such driveway grade be permitted to exceed 15%. No driveway serving asingle-family dwelling shall have a grade in excess of 4% within 35 feet of the center line of the traveled way of the street or within 10 feet of the right-of-way line of the street, whichever distance is ..greater. >~ All other uses. The maximum grade for new driveways for uses other than one-family dwellings shall not exceed 7%, except that the approving authority shall have the same .power to permit increased grades here as in § 240-100B(1) above, provided that such .grades in no case exceed 10%. No driveway serving a use other than asingle-family dwelling shall have a grade in excess of 3% within 50 feet of the center line of the traveled 17 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes way of the street or within 25 feet of the property line of-the street, whichever distance is greater. The Planning Board may require increased platform areas of this type in situations where, because of the nature of the proposed use, substantial traffic volumes are anticipated. All positive grade driveways shall continue at positive grade to the point of connection to the paved roadway to prevent ponding. [Added 8-5-2002 by L.L. No. 10-2002] C. Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform portion: of the driveway, as required by § 240-1008 above, shall be aligned at approximately right angles at the street. Access to all off-street parking andloading facilities serving multifamily and nonresidence uses shall be not less than 20 feet in width and shall be connected to the street with a radius return at each comer of not less than 15 feet. D. Sight distance. Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway. E. Driveways and access roads shall be so designed so as to provide Fire Department apparatus access to within a distance of 75 feet or less of the structure that may be called upon to be protected, and such driveways and access roads shall be designed so as to meet the following requirements: [Amended 9-24-2001 by L.L. No. 5-2001; 8-5-2002 by L.L. No. 10-2002] Driveways under 500 feet long shall have a minimum width of 12 feet; driveways over 500 .feet Fong shall have a minimum width of 12 feet and, in addition, shall have afifty-foot by twelve-foot pull-off every 500 feet to accommodate aforty-foot-long piece offire-fighting apparatus. 4~ The driveways shall have and maintain an overhead clearance of 15 feet, free of any obstructions such as tree branches, personal light poles, .utility wires, etc. The driveway base shall be sufficient to support athirty-ton fire-fighting apparatus. No turns shaft be of such a degree as to prevent access of Fire Department apparatus. 18 Town of Wappinger Zoning Board of Appeals February 11, 2014 Minutes ...Here you have two driveways on top of one another. (Mr. Horan reads the town code) We require 50 feet of frontage on a town road and Campbell has 20 feet. I also did a search to see if Mr. Gavin every made an offer of dedication of Easter Road to the town and it doesn't seem to be. Mr. Prager: Can I have a motion to go into Executive Session for receipt of legal advice? Mr. Johnston: I make a motion to go into Executive Session. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: Can I have a motion to come out of Executive Session. Mr. Johnston: I make a motion to come out of Executive Session. Mr. Rexhouse: Second. Mr. Prager: All in favor? Board: Aye. Mr. Prager: I make a motion to have AI Casella Acting Chairman. Do I have a second? Mr. Johnston: Second. Mr. Prager: All in favor? Board : Aye. Mr. Prager: Do I have a motion to adjourn this meeting? Mr. Johnston: I make a motion to adjourn this meeting. Mr. Casella: Second. Mr. Prager: All in favor? 19 Town of Wappinger Zoning Board of Appeals Board: Aye. EASTER ROAD TIMELINE FEB 2014. E February 11, 2014 Minutes Respectfully Submitted, . ~ ~~ Susan Ros ,Secretary Zoning Board of Appeals 20 - ,_ .... .. ii ~iat`p.~f~'r~:sr.~ .. -^ ~. !"'1'Amt,l~~Sj L. t-' '~ r t,d6f A e,,.! ~r.'.a.t t!«+ ,,, evlG ,~e.. oo e.cr.,,o. ~,.. wr e„o.o ~ A ~ ,~ ,l,~..r ~-dti'-' n>a,A..~~ . 19 ~ 3 . 1Y r~ii 1 ~ 2 G 11 ~r ;_ f~~_~ iHf3 !S w LEGwI INSIAUMEH7 AHD SHOULD 0E EXECUTED UNDER SUPERVISION OF AN ATTORNEY. day of February ,..~~-~ THIS INDEM771RE! made the g'I;h - ~'~ -,. gg~.yF~iV CAxMLN U- ~l2TINL•'T, 90 Monroe Street, 6~Lrai•IPJ~NG u't ART~n~I`~' ,~y«b Apt , 907 , Rockville, Maryland 2DB50 TOV`~N Or 4'4'APPINGFP grantor DOLQALD SUIIRIZE, Easter Road, Wappingers Falls, New York 12590 ' gran Leo ~'I'NF$$~'I'H, that the grantor, in considerarion of Dollars, paid I THIRTY EIGHT THOUSAND, EIGHT H[JNDRL'D hereby grants and releaees unto the grantee, the heirs or eut:cessor attd assl~gnSCl itbedntaS ofol'lOwS ALL "that land in the Town of Wappinger, PARCEL ONE: BEGINNING in a wall and boundary of the land former: Polloc]c, at a point 1127.851 feet from a wall corner in the soutl line of the Old Chelsea Road, 5aidhence Northr53°141'tEasto166±e. corner of t}1e Gavin Subdivision, to a point on the boundary line of land formerly of w. Scofield; South.36° 19' East along said boundary of W. Scofield to a point South 53° 41' West 1661 feet to a point on the aforementioned wa boundary of Pollock; thence North 37ooint ofsbegiOnmingt being SS wall and boundary of Pollock to the p PARCEL TWO: BEGINNING at the northerly corner of parcel one he described, and running thence along Easter Road North 36° 19' e 6 67.6 feet to land of Howard; thence along the same North 53° 41' 154 feet to Circle Deider;tthenceaalongt}Schneidero5outh641°943La ,~ `~ feet to land of Sch a ~ West 157,.41 feet to the place of beginning. ;;_, TOGETHER WITH AP7D SUBJECT TO easements in Easter glad and in Par H ~,=~ as set forth in a deed recorded in Book 1466 Dp. ~•~~ BEING the same premises conveyed to Carmen Q. Martinet by deodhE ~~ rantor has not been known by any ~;. ~~ in Book 1577 Dp 724; the g `L •~~ during the past ten years; .. 4j r1 'iil~ 41, N ~ 1 ~ to H +' P-1 V? • F; ~ Q , ,. TOGETHER with lha appurtenRttces attd all the estate and rights of the grantor iu and to said premises. U TO HAVEYANANTDIO~eOHD grantormcovenarttstlt]tn~t thedgrnt'~°~~hnernut do a ortsuffc:ruflu~anytlt «ggnwl `y rj grantee fare premises hnva heen"etr~t Iefe do g=~~ , shy he coulstrued Lo rend intthetplur I wl enever tlge stmsetoftdtis c >~ The" words g ! g ear first above written. [N WITNESS WHEREOF the rantor hna eaecuted this deed thu day and y ;_! In presence o/: ~• ~"'" ....-• Carmen O. Ma~rtiri-et-~a J ----. r,.......,...t.~ t STATE OF NLW YORK, COIINTY OF ea'0 •'. ~,;,,~"' da of 19 ,before Ov the y STAT); OF F111YiYLAND, ' CCiUC~'Iil~d C~r',' ~ to me known, On the ~)t}~ day of February me peraonalfy come 0 whn, being by ma duly sworn, did depoeo and say that deponent resides mo pereoaallF Mme Ca rmeri Q. Maze 1 ~: r, atN°• being duly sworn said~4t eta daponentie of O the wrporatioa dr~cribed is and which herein are true and being to me known to be the individynl dencri6crf in '^ execut:d, the foregg0iag in9VUmr~L: dopo~tmt knows the seal of void tae fuceguivB inntr~mcnt, a"drn°knuwlct}B~ ant ~k corporntion; that tlw Wont nffiud to enlJ inntrumcnt is eoch t:orpora tc ~a ~~ A \ anal; shot it wan eo aIIiecd by order of the Ifunnl of 1)in:cwrn u[ nuid -/ 4, / • w>rpuration; depovem oigncd depouoat'a nntne thereto by like order. ``,~ ~ JU.UY 1.' I~KLY t li I _ _.-.., r° .~,eri "-'~'-°~ °~ ,..,-.+~rv nubli.c, State of M~ I _.. _._ ~ _.. __ _. ~ . - . - .._ a. ._ .. _„ z .. - __ __._.__ .: R 609-suimon ronn. smHln .ne sn. Geed.-u' ~ 1 .~ f }e ; q ^t ~ ~~ JYIJYf ®LUMf[nO. ING. LAN OLAHR DV.LI4H[rt• ' ~• InJividu.l or C.n~omlon. Pholon.t pawl , ~~ ~ LI a0 aACNAHGC PLACE AY B.O.°NAY, .t[w Yo...nyyyg ' itD6 H A NIGAL 9RS4117M1g4-TuAHD f4CQt#9 !A t~Qllt» Wmi1! f{/•HY6iCM 0~ AM ATTOC*tf1f. ~~~ .. 11tEI•~PU1.Pi G~RRIEN Q. hllARTINET_residiitg at 1555 Marburg Way,: San Jose'. California . Pasty .' oI the (irat part., and ' • f - LUCY h1ARTIIJET .residing at 943 Clopper Road; Gaithersburg, Maryland pairfy . of the second' part...: I , . Tffi3 IPi1DElY'1'IlitE,mode the ~,5~ ~da1 of Jttly hOn~ ~ severity s---eLLiven; WTIIYFSSLTH, that: the party vQ the &art part, ha coasidenui°a oY `. ~ •,• . " , • ,I. '' ---------~-0 N E--=--------- 'Dollar' ., . ~ ~ '.: ..: iawfnl money o{ the United Stattea. actual- consideration" `= .~ paid by tha party of Uae record Part does heasby start and tdesae hate tf+e party oi, the second part, ..: ; . _ "..' ,.. her heirs aad asu~s iose~er. . ABI. that parcel of land on the Old Chelsea Road, Town of ~nninner. County of Dutchess and State of New York, described.as ' follotrs: r3EGINNING at a point in a wall~and boundary of the lands. note or formerly of Pollock, said point being 997.85 feet more or :less from ' a wall corner in tlLe soutl-Lerly boundary of the Old Chelsea Road, :said' '"i~,....~'.:,•.' wall corner bein<~ the northwesterly corner of the Gavin Sub-division.;,, thence Nort1L 53° 41' East 169.8, feet more or less to 'a point on tite . boundary of the lands for.nerly of W. Scofield; thence South ~6°'19e I •,,: East 130.feet alone said boundary of 6V. Scofield to a, point; thenc Sout1L 53° 41' 6Vest 16G feet more or less to a point on the afore-.'" . mehtioned tva11 and boundary o£'Polloclc; thence North 37° 59' West .' 130 feet more or less along said storie wall and boundary .of FoLlbck... ., to the point of beginning; being O.5 acres mote or less;. BEING lot '5 on a maP of lands of D: J. Gavin`.iled in the Dufchess''~ '' County Clerk's Office July 30, 1951 as h1ap~~2332;. TOGETI-IER WI'lil! the right to cross over the parcel of .land on ,the -.' northerly side of Easter Road acquired by said Albert and Carmen a)...', Martinet by deed recorded in I3ook 1051 Deeds, page lO4 for access to :,' Circle Urive, and TOGET}fEK IVITH Lhe rinht to use and maintain the present connection ,._ to t1Le well on thQ adjoining premises of the grantor for a periad,~of 10 years expiring July 1, 1987. BEING the same premises conveyed to Lucy hartinet by deed recorded: in Book 1325 Ueeds, page 76G. The grantor hereby releases the premises Hereby conveyed from the easement in re"spect to the flow from a spring described'in a deed to Albert and Carmen (?. Martinet recorded in Boolc 784 Deeds, Yat~e 1713.. He died March 18, 1977 survived by the grantor. TCHE,~S COUNTY CLERN'S FlCE ~~j~'~ ON THE DAY OF I9 /tom R ECEIYE ~ ,.a rn~ . H ~~ ..}(~RppCD~R,~DE~D I~ ~'EP,L ESTATE• " c "'" RAGE AND EXA411NED SEP 231977. ~ r. 'o°= // ~ ~ TAA?i~F~R TAX ~ S m~ ;~~rJ~~ic~`~.~.~.,- CIFRR DUTCI-iESS ~ •t COUNTY TOGIEY'IIEft with nll right, title aad intetnt at the party of the tiro put of, is aacl to the land lying ~ ' •. tho atresta and roads is front of and adjoining said ptcmisca. ... ........-..r.,~o _.>. ~ti_ ........I.H,.H.,~a and all the elate amd r30tbta of t~ pu4Y . of the 5n! paR is and Do V ~~~~. -._. _ w ._. ._ + ;~ /~-~ 9 .~.-.?~z g~ /'S~~ Ju s Bw++ecea. Ine_ Lew Bu+t PIIC+~Ya'K T 6®9-oni+n.;T L..I - rnai.aannl. ~^" "" / 00 Enc++neec Pi.ce .r a+a•ow., ' ~1i I n+.+w•,.~ I.m+ n. 1'n,~,...+.1 IG+..nl~nrt. . .~ ~ i711S IS A l!<6AL ItVfTRtlVME-Ii AND fQ1Ct7LD OE FXECUI'4D UNDEtt SVPERY610N OF AN AT(ONNEY r a ~~-~ ~_ i •i i ~ • • loco li ~ T11L'? 1~1)tr\TL'R(~, nradr thr•. 3U+, }1 day of ,j(ri uery i RF-~•q•FE~ gSjpOI,~jGi and HILDA SCHNF,~DER, Circle Drive, Town of ~ Wappinger, pn 0. Address, Box 75 Chelsea, New York 12512 ~ I p i park o[ the first part, and c ' ~ ~ ~ J t. 906, ~Eti Q, MAI;TINET _• 90 Monroe Street , Ap Rockville, Maryland 20850, party °[ Ihr second part. n•~FCC};1'y~, that thl early of thrfirH earl. in tunsidrrati"n of p ! ~~ Dcll.rcs. ____«_ONE HUNDRED-------" o• I__ `~ Ic ~ and other consideration t lawful monry n( Ihr L•niln lal!!. . ,p pai+I by ihr party +,( Ihn .r„nd pall d+rs hurl+)• n•mis+~. n•1^av and rinitrlaim unto lhr parry n( t!+r second earl, •n I her heirs and assirms ferec•rr :J ~, Ala, that parcel) of land on ^Eas~er Road" in t'~e Town of :aapP2naer, ~ described as follows: County of putchese: and State of ^Iew York, a ].7 8 a BEGINNING at thie northerly corner of land of Martinet (784 Dp. L and running thence along Easter Road North 36° 19' west 67.6 feet to tar t.. of Howard; thence along ~amesSouth 36° 19' EastE35}feet toeland ofrcle Drive; thence along the 5 Schneider (said point being 20 fP_t along the same course from the most a westerly corner oft Kessler); thence along Schneider South 41° 43' St~~ ~ West 157.41 feet too the place of beginning: w '~"` Being a triangular: parcel at the .westerly corner of land conveyed to Schneider by deedlrecorded in Hook 792 Dp. 287 and the 35 by 154 loot deed recorded in Bobk 1051 Dp. 104. o parcel conveyed to Martinet by m Reteerving to the grantors and their successors the right to use t e m driveway on said pi reel for access to and from their land. c. ~ ~~g- . ~ ~ ~~ d~ ~j 1TY CLEF . OFFICE ^^ _t-~^~+rF`ir.'~-`~ ` r= CUTCHL55 CC~',1>/ I yY( = c-:'- `y', kICEIVLD Oy THC ~-~•- ~ r 4u-* ~ • ~~ .: •~~ _~ ~ r~J n~ c= m M ~+ ,rw REGORGED IN ~ ftwi~L L.; i.•.' - UU ~ ~, , 60GK N° X GF~ 1NE0 ~ J , m cn ..: v AND EX~ .- I , AT D/.GE-- I TZA!v: r••.:Z r m~~~ ~ n 'L m W~/,.:- •.Ce..o CLERK ~:.'; "- _`5 --v ~ c i m ~ 0 M ' H 1 m as O iti i ~; , 69/05/2013 14:51 8454544857 CGR PAGE 02/11 09/05/2013 14:51 8454544357 CGR PAGE 07/11 TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD P.O. BOX 324 WAPPINGERS FALLS, NY 12590•Q324 July 29, 1995 County Office Building Real Property Services Att: Steve Barnum 22`Market Street Poughkeepsie, N.Y..12601 Dear Steve, #~~';R 1 ~ 2 ~' ~LF~,~vra;z~UU~r4,,~ r~.~. TOUJN QF WA:t=PINGF~ THOMAS E. LOGAN ASSESSOR (914) 297-8275 Subject: A. 19-6056-01-239747-00 F/0 Subrize C/O Bosch .38 ac. 95/06/07 DOT B. 19-6056-01-243764-00 F/0 Subrize C/0 Bosch .1~ +/- 95/06/07 DOT Please combine the above parcels and delete the grid 4~ for parcel "B". Thank you. Very truly yours, Thomas E. Logan Assessor E 'TOWN OF WAPPINGER ZO MIDDLEBUSH ROAD P.O. HOX 324 . WAPPINGERS FALLS, NY 12590.0324 cc• Bldg. Dept. 'Tax Office THOMAS E. LOGAN ASSESSOR (914) 297.8275 'TO~V~+T OF ~AP~'~I'~G~~ ZONING AD;y1I~ti~ISTRATOR Barbara Roberti -Ext. 12fi PLANNING BOARD & ZONlNGBOARD OF APPI=ALS SECRETARY Susan Rose - Exi 122 CODE ENFORCEMENT OFFICER Sahiatore Morello III - Ext 142 Susan Dao - Ext 122 FIRE INSPcCTOR AAark Lieberriann - Ext 127 CLER;CAL ASSISTANT Michelle Gale - Ext 123 20 MIDDLEBUSH ROAD WAPPIiti'GERS FALLS, NY 12590 (845) 297-1373 Fax (8?5) 297-0579 MEMORANDUM Date: February 18, 2014 From: Barbara Roberti -Zoning Administrato ,k, To: Zoning Board of Appeals Members James Horan, Attorney for the Town Sue Rose, Secretary to the ZBA SITPERVISOt Barbara A. Gutzl~ TO`~'~i BOAR William H. Bear Vincent Bettina Ismay Czarnieck b~tichael Kuzmic: Subject; Timeline for 80 Easter Road Building Permit (REVISED) Kellner Variance 6056-O1-326668 R-40/80 Zoning District June 29, 2004 Fire destroys 80 Easter Road. Letter sent to the Kellners from George Kolb stating the house needed to be removed due to severe damage. July 7, 2004 Letter to George Kolb and Mark Liebermann from Al Roberts regarding the cost to the town of removing the damaged structure. Cost to be passed on to the Kellners. May 15, 2006 Letter from Joan Garrett, Attorney for the town to G. Kolb and A. Roberts. July 28 & 31, 2006 Notes from Tanana Lukianoff. August 7, 2006 Meeting at town hall with Aaron Kellner and George Kolb. Reason was to establish what criteria is necessary in order to obtain a building permit. June 30, 2011 E-mail from Sal Morello to Aaron Kellner. Regarding a call from Vincent Bettina to Sal stating that Aaron Kellner told Mr. Bettina that the town was holding up a permit. Sal states that only item in town is an expired "repair to roadway bridge" permit that expired in 2008. July 8, 2011 E-mail answer from A. Kellner to Sal Morello. August 30, 2011 Proposal from Aaron Kellner: Relief of building department denial for building permit. August 31, 2011 Kellner came in to see Sal Morello and Barbara Roberti. Stated he brought in 65 trucks loads of dirt to fix Easter Road. Told he needs a grading permit. September 13, 2011 Meeting at Town Hall with the Keliners. September 19, 2006 Letter from Aaron Kellner to Town of Wappinger. Letter reiterates the meeting with George Kolb from August 7, 2006 as Aaron remembers it. September 20, 2011 E-mail from A. Kellner to Sal Morello, Building Inspector Refers to Mr. Kellner stating he was getting ready to file for a variance. September 26, 2011 Letter from the Kellner's to Barbara Roberti. They drafted a letter that they wanted B. Roberti to sign and send to their insurance company. This was not done. October 15, 2011 E-mail from Mrs. Alex Kellner to Barbara Roberti. Upset that I would not sign insurance letter. December 15, 2011 Letter from Richard Cantor to Barbara Roberti. Wants to set up meeting with town professionals regarding their request for a variance. December 15, 2011 E-mail from Bob Gray to Richard Cantor. Stating escrow needs to be posted for future meetings with town consultants. January 9, 2012 Conference call with Mr. & Mrs. Kellner. Included Robert Gray & Barbara Roberti. They state they are not interested with fixing the bridge. Explained clearly what needed to be done from the town's perspective. October 29, 2012 DCHD gives approval for sewage disposal and water supply facilities. December 4, 2012 Email from Aaron Kellner to Barbara Roberti January 4, 2013 Email from James Horan to Al Roberts and Barbara Roberti January 6, 2013 Letter from A. Kellner to Town of Wappinger January 14, 2013 Mark Liebermann receives an email from James Tompkins regarding Chelsea Fire Company not being able to use River Road. January 28, 2013 Email from Robert Gray to Staff January 29, 2013 Building permit is applied for. February 20, 2013 Bob Gray send letter to Aaron Kellner rejecting his building permit. Explains necessary steps the Kellners must follow. February 2013 Letter from Chelsea Fire District March 6, 2013 Email from Robert Gray to Jon Adams March 11, 2013 Letter from Jon Adams to Bob Gray, et al. New attorney replacing Richard Cantor. March 21, 2013 Email from Alex Kellner to Al Roberts, etc., Regarding EMS access to Easter Road. March 26, 2013 B. Roberti notes from meeting held in town hall. September 3, 2013 Received variance application from Kellner. September 9, 2013 Email from Krystal Campbell to Jon Adams and Barbara Roberti Includes copy of easement between the Campbell's and the Kellner's with pictures September 24, 2013 Email from Al Roberts to Jon Adams and staff October 21, 2013 Email from Mr. Kellner to Barbara Roberti and Jon Adams: regarding Leggiero deed. November 26, 2013 Email from Alex Kellner to Sue Rose and ZBA November 26, 2013 ZBA meeting -discussion only. Public Hearing set for January 14, 2014 December 2.2013 Email letter to B. Roberti from A. Kellner with responses back to Mr. Kellner. December 5, 2013 Email to Graham Foster, Chelsea Fire Co, Mark Liebermann, Dutchess 911 and Transcare sent. Would like their impute on this issue. December 7, 2013 Email to Barbara Roberti from Robert VanTassel, Chief of Chelsea Fire District stating he will discuss the issues on Easter Road with his Commissioners and get back to me. December 9, 2013 Heard back from Jim Tompkins, Dutchess 911 & Mark Liebermann. December 10, 2013 Email from Graham Foster regarding Easter Road. December 12, 2013 Chelsea Fire District sent in letter. January 14, 2014 Public Hearing cancelled. Public notice not published. January 22, 2014 Email from Aaron Kellner to Barbara Roberti. January 24, 2014 Chapter 240-20 of T/W Zoning Code: Access and required street frontage January 25, 2014 Fax from Sgt. Daley, NYS Trooper. January 27, 2014 Response email from B. Roberti to A. Kellner. January 27, 2014 Email from A. Kellner to B. Roberti. January 28, 2014 Letter from Jon Adams to Chairman Prager of the ZBA. (Letter 1) January 28, 2014 Letter from Jon Adams to Chairman Prager of the ZBA. (Letter 2) January 28, 2014 Letter from Barbara Roberti to Me. Kellner January 28, 2014 Public Hearing for 80 Easter Road variances. February 9, 2014 Letter from the Kellners: Rebuttal from January 28, 2014 public hearing. February 1 1, 2014 Multiple emails between Jon Adams, Barbara Roberti and Jim Horan February 1 1, 2014 Letter from Robert Gray to the ZBA Last page Sketch of parcels on Easter Road. MEMORANDUM TO: SUPERVISOR J. RUGGIERO & TO~XII~T BOARD MEyiBERS FROM: GEORGE A. KOLB JR. -BUILDING INSPECTOR RE: STRUCTURE FIRE - 80 EASTER ROAD GRID# 6056-01-326668 DATE: 6/29/04 cc: Albert P. Roberts, Esquire Town Assessor Office Building Department Grid File As a result of the fire of today at 80 Easter Road, Town of Wappinger, owner Mr. Aaron Kellner, Grid # 6056-O1-326668, I have preformed an on site inspection and it is my professional opinion that the building was so severely damage that the structure was unsafe and in danger of collapse. Therefore it is my position that the building needs to be demolished immediately because the structure as is poses a safety issue for any persons that may go on the premises. Thank you for your cooperation in this matter. urge A. Kolb Jr. lding Inspector VERGII,IS, ~TENGER, AOBERTS, PERGAMENT & VIGLOTTI, LLP ATTORI~iEYS AND COLTISELORS AT LAW 1136 ROUTE 9 * WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: pERGAbiENT IRA A GERALD A. VERGILIS , KENNETH M. STENGER (845) 298-2000 LEGAL ASSISTANT: ALBERT P. ROBERTS gA~{ (g45) 298 2842 AMY E. DECARLO LOUIS J. VIGLOTTI GARRETT** JOAN F a-mail: VSRP@BestWeb.net POUGHKEEPSIE OFFICE . 276 bIAIN hL4LL THOMAS R. DAMS POUGHKEEPSIE• NY 12601 $hIAN-IJEL F. SARIS (845)452-1046 KAREN P. hJACNISH ~' pLr~ pLAINS OFFICE It-EVIN T. h1CDERMOTT 2990 CHURCH ST. STEVEN K. PATTERSON p.0. SOX 21 JAY B. RENFRO PINE PLAINS, NY 12567 (518) 398-9857 +?.DMPITED TO PRACTICE IN NY & FLA. ADDRESS REPLY T0: ( ) POliGHKEEPSIE ++ADMITI'ED TO PRACTICE () WAppINGERS IN NY & CONN. ( ) PL`7E pIAINS MEldIO TO; Gerald Terwilliger, Comptroller George A. Kolb, Jr., Building Inspector ~'~ ' Mark Liebermann, Fire Inspector ~ FROM: Albert P. Roberts DATE: July 7, 2004 ~: Aaron Kellner Structure Fire at SO Easter Road Tax Grid No. 6056 O1 326668 File No. 12951.0759 Once the bill for the demolition comes in, a copy must be forwarded to the property ~~Jiler, Aaron Keiiner, together with a copy of the Town Board Resolution authorizing the demolition. I would suggest the following letter: Dear Mr. Kellner: As a result of the fire at your residence at 80 Easter Road in the Totivn of tii~appinger, both the Town Fire Inspector and the Town Building Inspector determined that the building was so severely damaged that the remaining structure was unsafe and in danger of collapse. In consegatence thereof, the Town Board authorized the demolition of the remains of the building. Enclosed please f nd u copy The cost of the demolition was $----- to ether with a copy of the of the Town Board Resolution No. 2004-____ g invoice from E.R. Baisley Landscaping. Accordingly, request is made for the prompt payment of this bill. Please able to the Town of Wappinger in the forward a certified check made pay otcr amount of $~- Yoic may wish to turn this bill over to y insurance carrier. In accordance with the Resolution adopted b~ tda S°~e Ba{ these charge 2004, if you fail to pay this bill within the y Y will be assessed against yoccr property and added to your 2005 State, County and Town tax bill. If you have any questions, please feel free to call me. Vefy truly yours, TOWN OF WAPPINGER By: cc: Gerald Terwilliger, Comptroller September 19, 2006 Aaron Kellner 117 Duncaster Rd Bloomfield, CT 06002 Town of Wappingers Falls 20 Middlebush Road. Wappingers Falls, NY 12590 RE: Repairs to Easter Rd. ~-G a J~ ~. ~ is ~~t~~j~,~ t~~ ~'i~`~~'s`afe~~~: To Whom It May Concern: Since the building Dept. has stated categorically that no building permit for 80 Easter Rd.can move forward without proper road repairs being completed, adequate and agreed upon criteria must be established. In accordance with discussions with Mr. Kolb at a meeting in Town Hall on or about August 7th. The following plan was established: 1) Clearing of vegetation interfereing with or overhanging the road to allow for at least 15 feet of overhead space.. 2) Widening of the road to a full 12 feet. 3) Addition of 25 foot wide section run rom the entry onto Easter Rd. accommodate passing about 500 feet f 4) Grading and addition of surfacing material to improve the road surface. The repaired section will run from the right of way connecting Easter Rd. to Circle Dr. to include the driveway leading to the proposed new residence at 80 Easter Rd. This is sufficient to allow unimpeaded aTeeS lations.ergencyuehicles of the weight class specified in para. 240-100 of the zoning gu I have engaged a contractor Mr.GontactyMr. Liberman whom was redferred to me Easter Rd. Mr. Dysart has attempted to by Mr. Kolb as the approving authority, in order to confirm the adequacy of these plans but he has not been able to obtain any guidance• ete thelwork w th the unhdersdtandingthat these plans. We would like to plan for and comp good execution will meet with approval. Contact Information: Aaron Kellner 860 242-9958 or 203 386-7683 FAX N0. 845 298 2842 P. 02 JUL-13-2006_THU 10 13 AM VSR&P LLC Imo T0: George Kolb Al Roberts FROM: JO?.1~ llATC: May 15, 2006 pe artrnent Meeting; Whether the Town can ~: Issue raised at Building P ficant addition to withhold a Building Permit for five e r ~? ~~d/or signi an existing home located on a p e above issue, I started wig T°~ taw §Z8Q" a.l and 2 which reads as In researching th follows: building shall be issued unless the scree No permit for the erection of any ro osed sttuCnue has been duly placed l' access to such p P unless or highway giving on the official map or plan or if there be no official map or P an' hwa or hway is (a) an existing state, county or town hig Y~ such street or hig the laming board as provided (b) a street shown upon a plat approved by ~ P let wras in sections 276 and 277 of this article; a )e l a f d recorded in the fjice of approved, or (c) a street on a plat duly fi fanning ster prior to the appo~tment of such p the county clerk or regi ower to approve plats. board and the grant to such board of the p t shall be issued such street or highway shall have been 2 Before such Perini fanning board, suitably improved to the satisf~aa ~n accordance with standards and the if empowered by the town bo ,irate in respect to . specifications approved by the town board, as ad~q ealth, safety and general welfare for the special circumstances of public h the particttlai' street or higlzwaY• ternatively, grid in the discretion of such board, a performanoo bond Al rovement as estimated by such sufficient to cover the full cost of such imp owner Such pcrfo.rmance bond board shall be fiii-nished to the town by an a roved by rho to`*m shall be issued by a banding or surety comp Y PP roved by such town board as to fom7~ board, and shall also be aPP the sufficiency and manner of execution. nd sh 11 be detern° n d by lcation and methoe board ~n substant al con ormity with section 277 of this article, appropriat page 1 of 3 ..,n u,.;lil~nn PCRT11S.dOC FAX N0. 845 298 2842 P. O JUL-13-2006 THU 10 13 AI'[ VSR&P LLC '~7ERCILIS, STENGER, RQBEItTS & DaVI5, LLP A•rT'GI~NEYS AND COUNSELORS AT LAW 1 l36 ROUTE 9 WApp(LVG±rRS rALLS, NT:W YORK 12590 GERALD A- VLRGILSS• (d45) ~gg•?p0U KENNETH M. STE,NGER ALDERT P. ROBERTS FAX (945) 298 -f~i= THOMAS R. DAV1S o•malt; {nfa~vary~.cnm LOUIS J. VTGLOTTT LOAN F. GARRETT'" EMANUL•L F. SARIS . KAREN P. MacN1SH KCV1N T, McDERbTOTT ANGEL L (ALCON ANTHt.)NY M. DEFAZIO JAMES P. HORAN •AOMiTTEII'PC1 PRACTICE. IN NY & FLA• ••ADMIl'T[?D TO PRA(;I'1~ IN NY .~ corn. FACSIMIL)/ TRANSMTTTAT. DATE: ~ (-J- ~ I ~ ~ OQ TO: rL.Or ~ I~ 11~ FROM: ~ ~ -~ I ~1ZcL~ LEGAL ASSISTANT: AMY E. DECAR:O. CLQSiNG COORPiNATOR: SUSAN E_CAFF1Nlz POUF HKEEPSSE t)F1'ICE 275 MAfN MALI. pnUGHKEEPSfI•: NY 125ai c~asi as2-tam NtiW BURGH OFFICE Zyy N. PLANK ROAD. SU11'I; t(1b NF,WAURGH, NY t?5511 (N~151 j(~i•378} FAX NO.: ~~~ J ~ ~ i IC! ~. ~"' 11x1 i TiS RE. .S pt's ~ri v~~~ FILE Iv'O. ~- (including ttTis sheet) TpTAL NUMBER OF PAGES: _~_ I 4 COMMENTS: m i~ e. ~ l~~~ ~~ ~r es, lease call ~~845-298-2000. X ~ ~ ~' If you do not receive all pag F or dle use The documents accan:panying this Jetreopy n•ansmr eoal!°~'°uilcr.~e~rytThle nfarmatio nail i wended on a~ herer~Lr• Roberts & Davis, LLP whtcit is conf dential and/o 1 g y P rent, yo:i ojehe individt(a(or entity named ont t dtstrrhutionsor die taking oja yruction~n reG:ance nn the contents ojthu ttntifted That aay disc(asure, copy $ - co ies in ormarion is strictly prohibited, and chat tite(das~ no~t~ =~e 6yd 6e~hzo Ln mme (<?atefy sn wel~ar~arr nbe tole p f p ~ in ~rrvr, . , this regurd, ifyou have received this teleco ~ p jnr the return o jthe original documents to zts at no cost to Y'ou' C NG cJ:~roRMS~Fex ,.om,.nac Tales Properties Reports Special Processing .Options .System Cash Processing PDA Help _O•~rrner: [~ELLP~JER, AAP~JP~d ~'~~~ ~C~.~1S~~~~f~[°[~ SD'- E~iS~-^1-3"lEEe~B-OtO~ Property ~ Property Pg 2 ~ Permits (OJ ~ Variance (Oj ~ Events (1J ~ Safety Inspectior~ (OJ ~ ..History (1J ~ Pictures (72J f -- P.~ai1[nr~ Addre~: Property Deleted ~" Created: 2t27l2000 r Name 1: KELLNER, AKRON 1 ! Historic Land Mark ~' done: R40 Name 2: P.O. BO}C33 j Prop.Class: Ward ----- - i i ~- - -- - Addr 1. CHELSEA NY ~ Frontage: ~,~ Depth: ~ 3 Addr 2: 125120033 { ~ '~ Acreage: 210.OD , l j Addr 3: l 19326668 Home Phone t 1 ~cc Number. ~~ - - ~ I l Addr ~: _Co. Name &_Address-To The Windows`Cli board - Le~a1 Adr~res~ [~~~~ i .Original Permit No: Permit Date - - ~ i Addr. # 80 ( Lot Group - -• ~ r ~ _ - - address:- EASTER RD ~.. j E-mail Addr ` _ - - ` -' Nt~~?.~ ~ Print Letter Prop Use: ~ f~otes F`e ~~r{t ~~ ~..._ ----. _ _...: o :~ Print Scr= ~ Locate ~ ~ Close _? ~ Locate By Variance ~ Locate By Permit fi~gp}~ - tt ~~,1-~1.~,! =-,1 -.fu1 x~.l ~:1 r-. ~ /_^ ~ ~~_ „~•/~ 7 SLi ~i w rr. LJ 4 ' ; ...>.~ ;f ,~. ~ `~ /~ /r' l /Y,I ~.Lr..l~ ~~~% " °~i / /- i ~~% , - ~ i ~-- ~' ~. L?/ l ~~~' Cam' ~"~!,~,z-'..~- ' ~ ~ ~~ ~i~ t , ~ `~~l ' C~-~L-- / .~ i -,~ ` J r ~ <52U~1.ea 5 (~ ~ ~0 ~~ ~~~ ~' b 5~,~ 1~/ ~~~ ~~ ~~' ~ %~ ~° ~~L- ~o~ - ~ ~~~ y ,. .1 , ~~~~ /~ ,v,, ~,G~~a// it f~, ~;~~z ~ ~' ~~~ ~r~~m~~~~ c ~~~~ S ~%~ /~~~ ~y i/~ ~~~~ ~r ~ ~~, ~ 1 - 1/~l/G~~~~ ~ronP ~ / ~~~ ~ ~~ S I ~ ~~~~ . , a `~ ~ ,~~ 2.~~~ ~ ~~~~~ ~~ .~ ~- - - ~- _ _ i Sal Morello _ - ' ~ ~~ ~_ From: aaron kellner@yahoo.com ~, . Sent: Tuesday, September 20, 2011 11'32 AM To: Sal Morello ~ ~` ~ Subject: [TOW] Survey work plot plan for re-build on 8C `~ Hello Sal Morello, ~' Aaron Kellner (aaron kellner(~yahoo.com) has sent you a message via your contact form (http://contact-form. townofwappin~er.us/user/11/contact) at TOW. If you don't want to receive such e-mails, you can change your settings at htto://contact- form.townofwappin~er.us/user/11/edit. Message: Hi. Sal, Following up on our meeting on the 13th, I am now trying to get a plot plan and survey started for the ZBA meeting on the 18th of October. Taking into account that I will be re- using the existing foot print of the old house except for the east wall, can you detail the requirements you need for the plot plan? I am working with Bob Oswald whom has suggested tha~ perhaps since we are reusing all the existing elevations including the floor heights and driveway locations etc., you might be satisified with a schematic that doesn't include the topography for the entire 3.5 acres? Also for the Campbell driveway option the same questions, since you already have topography for that Platt that is very current, do you nee me to do it over? Willa simple schematic tying my Platt with Easter Rd and the same for the new cutoff from Circle Dr. to Easter Rd be sufficient? Please be detailed so Bob can do what you need. Thanks, Aaron Kellner S ~ ~ ~ ~ i- ~ Ct.,~ -t- f-t ~ ~ ` ~ Lc -{' Q ~ CCU- ~ e ~Q ~- Iv.~~ ~ e to PeQ ~ cZ~~ ~ C'P~ 1 we i x~ ~ ~1 'Q ~ o ~ Pty ~ S (e. ~ tt ~ r ~ ~ ~ 6' D o S ~°~ Ct'{' Q ~ r° ~ fi ~ 6 V d' ~ 1 ~'~ S~-o ~ ~- ~ C~~o~c s ~ I c~ ~ ~5 ~ ~ ~` Q S ~e1 ~ ~~J~u~-t~, ~Lsfl c~ r ~ ~ ~~i(~fesSP~ ~ C©6'fi~c del` ~(.~~(D b~ Q-v. ~~~ ~ ®c ~ ~1 ~ ~~~ ~r P ~~ ~~~`~s Barbara Roberti From: Alex Whitney [alxwhitney@yahoo.comj Sent: Monday, September 26, 2011 1:56 PM To: Barbara Roberti Subject: Easter Rd Letter for Insurance Attachments: Easter Rd Mtg & Ins Ltr Ext 9-11 .doc Hi Barbara: Hope this day finds you well. Attached please find the letter I drafted for the insurance company. We are requesting your signature. ~Ve appreciate your efforts in assisting us. Sincerely, Alex Kellner 860-242-9958 September 20, 2011 117 Duncaster Road Bloomfield, CT 06002 Ms Barbara Roberti Zoning Administrator Town of Wappinger Town Hall 20 Middlebush Road Wappinger's Falls 12590 To Whom It May Concern: This letter is to confirm that on September 13, Mr. & Mrs. Kellner of 80 Easter Road, met with various town representatives, building, zoning, engineering, inspectors, etc., to discuss issues and review repairs and maintenance performed by Mr. Kellner on Easter Road. It should be noted that Easter Road is a private road and there are nine other residences on the road. Prior to issuing Mr. Kellner a building permit the town is required to ensure emergency vehicles can access the properties on the road. Currently, there is an existing bridge that does not meet the load bearing capacity for emergency vehicle access. Mr. Kellner and town representatives have been working together over the last six years in an attempt to meet town ordinances and codes in terms of maintenance, repairs and accessibility on the entire length of the road. The intent of this letter is to confirm that Mr. Kellner has made a good faith effort to meet all of the current codes and continues to work on this with the Town of Wappinger Falls. Sincerely, Barbara Roberti Encompass Insurance Barbara Roberti From: Alex Whitney [alxwhitney@yahoo.com] Sent: Saturday, October 15, 2011 1:49 AM To: Barbara Roberti Subject: Fw: Minutes to Sept 13th Mtg -Easter Road Hello Barbara: I received your voice mail regarding your reluctance to sign the letter for our insurance company. Please be aware that the town has done this in the past, in fact, Mr. Kolb drafted a lengthy letter outlining specific details of site preparation requirements. I do not see this as an unusual request. It is simply an acknotivledgement that we are working with the Town to obtain a building permit. I do believe that Atty Roberts understands the hardship and burden this whole situation has placed on us, beginning with Mr. Lieberman demolishing the house when my husband, while in the hospital, specifically instructed him not to. We would definitely nat be at this juncture today if it were not for Lieberman's irresponsible and vindictive act. And, I do believe that Atty Roberts is so overcome with his duties and the issue of liability that common sense frequently alludes him. That's fine, we tried to make it as easy as possible. Could you please draft up some minutes from the meeting, listing the names and titles of all in attendance? I suggest you ask Atty Roberts to write them seeing he appeared so knowledgeable and seemed to dominate the meeting. We appreciate your effort in these matters. Sincerely, Alex Kellner 860-242-9958 December 15, 2011 EMAIL MEMO TO: BARBARA ROBERTI VIA EMAIL Broberti@townofwa~pinaer.us FROM : RICHARD I . CANTOR R ~C RE: KELLNER; EASTER ROAD Barbara, First, Merry Christmas and Happy New Year! I hope you have a good holiday. Next, on to business. I want to let you know that I am representing Aaron Keller in connection with his effort to obtain a building permit for his property on Easter Road to rebuild a house that was destroyed by fire some years ago. Mr. Kellner owns two lots. We are dealing with only one of the two lots - the lot on which the house was located. It is my understanding that the other lot is a vacant lot and that Mr. Kellner is not seeking any approvals or permits for the vacant lot. I would like to meet with you, Al Roberts, Graham Foster, Bob Gray and, if you think it appropriate, David Stolman. Mr. Kellner is working out the details of a proposal to hire the Chazen people to prepare the necessary submissions to the Town including a request for a variance from the ZBA by reason of the fact that Easter Road is a private road. The reason that I am asking for the meeting is to try to get some understanding of your position and the position of the other Town representatives on a number of issues. Primarroyosedenewsue is one of characterization of Easter Roadtaes namedpCampbell. The accessway over a property ownedublic road across the Campbell proposal will be to go from a p property onto Easter Road and onto the Kellner property. I have reviewed the Town Codes and I find them to be substantially ambiguous as to the distinction between a private road and a driveway. In my terminology, and I think in ordinary use, Easter Road is a pre-existing private road and not a driveway. The proposed accessway across the Campbell property in my terminology is another private road. It is very difficult to finalize the Chazen proposal without receiving your input and the input of the other Town Barbara Roberti page 2 December 15, 2011 Although the Kellner matter has been kicking around for quite some time, there is a time urgency because there is an inability to obtain insurance proceeds without rebuilding the building and time is running out to obtain the proceeds. I am asking for the courtesy of a meeting during the week of December 19. Please get back to me at your earliest convenience. Thank you. RIC:ggy cc: Al Roberts, Esq. VIA EMAIL aroberts@vsrp.com Graham Foster VIA EMAIL gfoster@townofwappinaer.us David Stolman VIA EMAIL DStolman@FPC1ark.com Bob Gray VIA EMAIL raray@morrisenQineers.com Barbara Roberti From: Robert Gray [RGray@MorrisEngineers.com] Sent: Thursday, December 15, 2011 5:12 PM To: Susan Corman; Cantor, Richard Cc: AL ROBERTS (AROBERTS@VSRP.COM); David Stolman (dstolman@fpclark.com); Barbara Roberti Subject: Re: Kellner/Easter Road Richard, I'm not sure that you are aware but Barbara Roberti advised Chazen that a $3000 would have to be posted if any of the town's consulatants are to attend a meeting. This was in response to a request fora meeting next Tuesday. FYI Barbara is on vacation until next Thursday. If there is a meeting, it seems to me that it would be best if it could beheld when Barbara is available. Bob Sent from my Verizon Wireless Phone ----- Reply message ----- From: "Susan Corman" <sue a;tctaxplan.com> Date: Thu, Dec 15, 2011 2:42 pm Subject: Kellner/Easter Road To: "Barbara Roberti" <Broberti(2~,townofwa~pinQer.us> Cc: "Albert Roberts" <aroberts~:vsr~com>, "afoster~townofwappinQer.us" <¢fosterr;totivnofiuappinaer.us>, "David Stolman" <Dstolman,c .FPClark.com>, "Robert Gray" <RGrav ~c~MorrisEnQineers.com> Attached please find copy of Mr. Cantor's letter of this day in connection with the above noted matter for your review. Thank you. Attachments can be opened with Adobe Reader (pdf) Please reply to Richard Cantor at rcantor@tctaxplan.com Susan E. Corman Assistant to Richard TEAHAN & CONSTANTINO Sue@tctaxplan.com (845) 452-1834 (Fax) 452-1421 IRS Circular foregoing me written to b of avoiding transactions been written transactions I. Cantor, Esq. LLP 230 Disclosure: U.S. federal tax advice in the sage from Teahan & Constantino is not intended or and cannot be used, by any person for the purpose ax penalties that may be imposed regarding the or matters addressed. Some of that advice may have to support the promotion or marketing of the or matters addressed within the meaning of IRS Page 1 of 2 Sal Morelia From: Aaron Kelln ~ o kellner@yahao.com] Sent: Fri y, July 48, 2011 1:08 PM Ta: Sal More o Subject: Re: Building Permit for 84 Easter rd. Hi Sal; I was not complaining to Mr. Bettina about the shape of the plans nor how I agreed to proceed with them, No. My problem is that the repairs I must do are to a common right of way which is used by all of the property owners on the road. So my question to Betina was if there was anything the town could do to help get the cost shared. Ivly letter should have gone to the town's legal council not the building dept.if Bettina couldn't help By the way, there is already a deep ditch that has a heavy rip rap fill under lighter fill on the north side of the hill. It simply would not last with out that.lVly LPE will deliver plans soon then I will make a presentation. Ti11 then; if possible please send my request to the town's legal council if Bettina can't help. Aaron Kellner --- On Thu, b130i11, Sal Morello tS!'Morello@townofivappin;er:acs> w7ote: From: Sal Morello <SMorello~townofw°appinger.us> Subject: To: "'aaron kellner@yahoo.com"' <aaron kellnerVyahoo.com> Cc: "Vincent Bettina" <vbettina~a,~totivnofwappinger.us>, "'rgrayCmorrisengineers.com"' <rgray@morris b' ers.c Date: Thursday June 30, ?011, :~3 A!tiI Dear Sir, I was contacted by councilman Bettina that u trying to obtain to obtain a building permit to "rebuild your house" and the Town was holding you up? You have an open building now for °repair of Roadway Bridge" from 2008 which has expired. I'm kind of confused because I thought Bob Gray, You and myself all agreed on what needed to be done for issue of a house permit and what you planned on doing to the road- We all left off with you were going to "enhance" the ditch along the north side hill running in to the detention area at the bcttom. You aiso told Robert Gray and myself that u were changing from a steel bridge to a culvert pipe over the water way. We told you that you needed a design by a t_.P.E to size it. Has anything changed? Any way I aan help you; feel free to call meat 297-6256, between 8:30 and 4. Thank You, Saivatore Morello Ill Pace 2 of 2 Sa}vstore t~9orodlo fil,Code En~'orcevrent C~~~eer Toam o~ ~Jappi,~~er 2~i 1~T;cld."e~ush Road ~J~ppin~ea~s F2f?s, N!Y 92b9ti 845-2~7-625 - p:a?ol38 845-2~i-~J573- fax e-rt~a9i: s:nv;el~2~~'torrr~o:`w~a~~3~eer.~s Proposal for Relief of Denial of Building Permit for 80 Easter Rd. August 30, 2011 A. Kellner 117 Duncaster Rd Bloomfield CT. 06002 (860) 899-9177 aaron_kellner@yahoo.com Background The Town of Wappingers Building department has stated via the Town Attorney in a letter quoting legal precedent tha access must be provided to the property on 80 Easter Rd. before relief will be granted to re-build the destroyed home. Current State In order to attempt to meet the intent of the code quoted, repairs have been completed on Easter Rd to permit access The grade has been restored to original grade and is illustrated in the figure 1 below. Trees have been cut down anc pruned back and most of the road between the Legiero property and 80 Easter Rd., approximately 1000' resurfaced anc widened with approx 2000 yrds of material. This represents a substantial restoration of the roadway over condition: existing at the time of the fire in 2004. Proposed Relief In order to meet the intent of providing emergency access for heavy vehicles an access road will be established fron Circle Dr through the Campbell property along the property line between the Legiero driveway and the Campbell property See figure 2. Since 50` frontage is already met by the Easter Rd easement and Easter Rd was established pre-zoning alternative methods of meeting new regulations should be entertained. >~~ ~ /.. .,; . //~~ ~ ~ ~1 4 .I W c x J f N ~63.~` `` t~. J 4 ~~, - ~5 ~i S~ :, ~, r'- ~:a ~~ y`r~`~ ----_... n 0 ~. f /- ~~ j `r J7~~ c~ f,4 ~ ~ ~ ~~ ~r, r X Z n J N ~', C N r- :7 O O 7 i- ... ~~~' ~~ v ~~ ~ D~ r c C~ + m (~ ~ C7 N fly ~ -P LJ ^~ J O D IU ~~~ ~ h C7 l~~ cn cn L C>? N rn ~_ W a ~ ~°o °o o °o o °o 16 Raise of hill' in inches III za : ~ O G I I x•32_ ! Q Q ~I I =. 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" ~~ -- -- - -- ----.. - - - -- J ! / r ---- - - - / / ~ -- - - L- - __ ~~~ s ~~ __ __ ~ ~ _ - -- ,~ c- ~. /. ~,'~~~~ -L~~"-- / ,r ~~>i -- ~ ~C~ _~~~'- ~ ~ ~ /fix - -- /^ Y `" ~~-~ . --- --- -- -- - ' . ~~ y~~~~` n - ~~ ~`~~==~' ~ ~.,°=-r ~r E k 1 Laf' E INDIVIDUAL LOT NOTIFICATION OF APPROVAL Aaron Kellner 117 Duncaster Road Bloomfield, Ct. 06002 Re: Kellner Property Tax Map X19-6056-01-326668, Town of Wappinger Dear Mr. Kellner ~~~~~ ~~ '~ . w~~ ~~'/~ wn' OcA ` ... ~Ocn, r t~~~r'~~i 'OcF The plan for the above referenced project was approved on October 29, 2012, as meeting the appropriate and applied technical standards, guidelines, policies and procedures for arrange- ment of sewage disposal and treatment and water supply facilities. Said approval showed (1) lot. As a condition of approval, a final construction inspection by a representative of the Dutchess County Department of Health shall be conducted to determine that construction at the time of inspection was completed in general conformance with the approved plan and any amendment thereof. Before you undertake construction, contact the Town of Wappinger Building Inspector and complete an application for a building permit (DC SAN 34). When this form has been submit- ted to and processed by this Department, you vrill be contacted by our field office to schedule a pre-construction conference to ensure that the arrangements for water supply and sewage dis- posal are commenced in accordance with the approved plans and amendments thereto and generally accepted standards. Approval of the plan or amendment thereof shall terminate and thereafter be null and void unless construction is undertaken within five (5) years from the date of approval. Re- submission or revised submission of plans and/or associated documents shall be subject to ccmpliance with the technical standards, guidelines, policies and procedures in effect at the time of re-submission. The approved plan will be given to your engineer. cc: Dan Koehler (w/plan) Town of Wappinger Bldg. Inspector Beacon District office (w/plan) File 41903 (w/plan) Date: October 29, 2012 ~ ~~~~j . ~ ° Peter J. Mar~ow, P.E. ~~, ,~?, Senior Public„Health E~igineer '~t Environmental'H`eaich Services PJM:ams Barbara Roberti From: aaron_kellner@yahoo.com Sent: Tuesday, December 04, 2012 11:47 AM To: Barbara Roberti Subject: [TOW] Building permit for 80 Easter Rd Hello Barbara Roberti, Aaron Kellner (aaron kellner(~yahoo.com) has sent you a message via your contact form (http~//contact-form.townofwappin~er.us/user/13/contact) at TOW. If you don't want to receive such e-mails, you can change your settings at http://contact- form.townofwappinger.us/user/23/edit. Message: Hi Barbara; Hoping you remember me and my efforts to re-build my house after the fire in 2004. It's taken close to 9 months but I think I finally have all the pre-requisites in place for the formal request for a permit your office is requiring. I am ready to submit documents in fulfillment of the requirements imposed following the rejection of my first building permit request. That rejection was looking for evidence that I have formal legal access to my property as required by NYS law to include the ability to permit large emergency vehicle traffic access. As you will recall the Easter Rd Bridge posed the problem on that account. I will have the following documents available for submittal if requested: 1) Proof of a new easement granted to my deed traversing the Campbell property between Circle Dr. and Easter Rd. providing legal unimpeded access to my building site by by-passing the Easter Rd Bridge.. 2) Proof of a maintenance agreement filed against my deed to include all property owners that will use Easter Rd and the new easement together. 3) A plot plan. 4) Approval from the DCDOH for well and septic based on the new plot plan. 5) Elevation diagrams showing the exterior aspect of the proposed re-built home. If other information is required to get the process started I need to know what that is. I will expect your office to reject the initial request based on the 20' frontage of the new easement and the fact that the old foundation segment/building location I will reuse to re-construct my home have become too close by 8' to the property line on the north side since the zoning was changed over the years. I will visit your office to file formally in the next week or so. Aaron Kellner Barba. a Roberti From: James P. Horan [jhoran@vsrp.com] Sent: Friday, January 04, 2013 10:39 AM To: 'AI R'; Barbara Roberti Cc: 'David Stolman'; 'Robert Gray' Subject: RE: Aaron Kellner AI & Barbara: 80 Easter Road is Lot 9 on filed map 2322 filed 7/31/1951. Easter Road is shown on the filed map and is a private road rather than a Town road as far as I know. It is my understanding that Town Law 280-a was in effect in 1951. Town Law 280-a(1)(c) provides that a building permit could be issued if access to the structure is from a street shown on a filed plat prior to the appointment of the planning board. Lot 9 obtains access from Easter Road so there is technical compliance with Town Law 280-a(1)(c). Since Lot 9 is on a street shown on a filed plat a building permit may be issued without ZBA or Town Board approval, but conversely, the building permit may be denied if Easter Road is not suitably improved. That is the issue in this case, not the access issue since Easter Road is not suitably improved. There is a bridge on Easter Road located on Lot 1 that is not suitable thus preventing access to the upper lots on FM 2322 over Easter Road. My understanding is that access to the lots on Easter Road is obtained from Circle Drive (a Town Road) through Lot 239747. This is not the access contemplated by FM 2322. It is my further understanding that the owner of Lot 239747 restricts access over the right of way. Technically, I think the Kellner could go to supreme court to make all of the lot owners on Easter Road (including the owner of Lot 239747 but excluding the o~~rner of Lot 1) to rebuild the bridge to provide emergency access to all of the parcels as is contemplated by FM 2322. This may need to be done if the owner of Lot 239747 is denying access to emergency vehicles to the properties on Easter Road. Arguably the Town could bring an action against the property owners on Easter Road to improve the bridge or otherwise formalize the access over Lot 239747. There is a question as to the suitability of access over Lot 239747. My recollection is that Kellner wishes to gain access to Easter Road over Lot 259750. I also understand that there are issues with the suitability of Easter Road other than the bridge. For emergency services purposes this needs to be resolved for all the properties, not just Kellner's. James P. Horan, Esq. Vergilis, Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 Phone: (845)298-2000 Fax: {$45}298-2842 jhoran@srddlaw.com wwUr.srddlaw.com This e-mail message and any attachments are confidential and maybe privileged. If you are not the intended recipient, please immediately notify us by telephone and return the original message to us at the listed email address and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS Ure inform you that any U.S. tax advise contained in this communication (including any attachments} is not intended or written to be used, and cannot be used, for the purpose of (i}avoiding penalties under the Internal Revenue Code or (ii} promoting, marketing, or recommending to another party any transaction or matter addressed herein. From: AIR [mailto:arobertsCa~vsrp.com] Sent: Friday, January 04, 2013 9:26 AM To: Barbara Roberti Cc: David Stolman; Robert Gray; James P. Horan, Esq. Subject: Aaron Kellner Barbara, I believe that in order to provide access to 80 Easter Road via an easement over another lot will require Town Board approval pursuant to § 280-a (4) (or with a variance from the ZBA). I suggest eve have a conference tail with Dave Stolman and Bob Gray before we make a final decision. Albert Roberts, Esq. Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 (845)298-2842 aroberts c srddlaw.com www.srddlaw.com This e-mail message and any attachments are confidential and may be privileged. If you are not the intended recipient, please immediately notify us by telephone and return the original message to us at the listed email address and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS we inform you that any U.S. tax advise contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. Aaron Kellner 117 Doncaster Rd Bloomfield CT 06002 Town of Wappingers Falls 20 Middlebush Rd. Wappingers Falls NY 12590 January 6, 2013 RE: Permit to rebuild residence at 80 Easter Rd. To Whom It May Concern; I am submitting an updated building permit request in response to the submission of my first building permit request in 2006 following the tragic complete destruction of my home by fire, which was denied. In accordance with the letter sent to me by the Town of Wappingers at that time, I have, since my initial request, ensured full compliance with the requirements laid out in that letter and now request that the Town approve my new building permit request. Below I iterate the items herein enclosed. 1) 4 copies of the plot plan laid out to include all required elevations, driveway location, well location, septic location plot plan for the reconstructed house and outbuildings, setbacks, erosion control and Engineers stamp. 2) A copy of the new easement granted to me by my neighbors on Easter Rd., the Campbells, which provides legal access to my property via a combination of Easter Rd and the Campbell easement. The easement has been filed with the Ductchess County Clerks office with the filing copy attached. 3) A copy of the maintenance agreement now in effect for the properties on Easter Rd that use the Campbell easement and are serviced by Easter Rd. This will provide a means to maintain Easter Rd. and the new easement to meet the requirements laid out in the aforementioned rejection letter to include maintenance of headroom, maintenance of way and snow removal. 4) A copy of my deed for the 80 Easter Rd property. I am currently proposing that the old foundation footprint be re- used to reconstruct the home more or less as it was before the fire. Since Zoning has come into effect, which was not the case when the home was originally built in 1954, the foundation is 8' too close to the northern boundry of the property line. This is mitigated by the fact that the closest structure on the northern side of the property in cloesest proximity to the proposed reconstructed home is 250' away. Nevertheless, I will need Zoning Board approval to go forward as proposed. Therefore at this time I am not including detailed foundation plans nor house plan elevations. Once ZBA approval is obtained, these will be submitted. I will also not need a new address. Respectfully, Aaron Kellner ,'"` Barbara Roberti From: Mark Liebermann January 28, 2013 8:25 AM Monday Sent: To: , Barbara Roberti Barbara Gutzler; AL ROBERTS (AROBERTS@VSRP.COM) Cc: Subject: RE: Easter Rd OK Thanks I will let them know From: Barbara Roberti Sent: Friday, January 25, 2013 2:23 PM To: Mark Liebermann Cc: Barbara Gutzler; AL ROBERTS (AROBERTSCa>VSRP.COM) Subject: RE: Easter Rd Hi Mark, At the staff meeting this past Tuesday, Easter Rd was discussed. Per AI and Barbara G. the homeowner's along Easter Rd should be notified by the Chelsea Fire District, not the town. If an emergency arises they should be aware that the bridge cannot handle the fire trucks and the access up the road may or may not be blocked. Barbara From: Mark Liebermann Sent: Tuesday, January 15, 2013 8:34 AM To: Barbara Gutzler; Bob Gray; Barbara Roberti; 'Albert P Roberts' Subject: FW: Easter Rd From: Tompk' mes m ~~ . ' ins adutchessn ov] ` Sent: Mond y, January 14, 2013 4:09 PM ~ ` i , j ./ f .~ To: Mark Lie ermann 1 `-lY I Cc: vantar5$ ~ o.com Subject: Easter Rd Mark, On January 5, 2013 at 4:46 pm Chelsea fire department was dispatched to assist town of Wappinger ambulance with entry into a house at 20 Easter Rd. I responded to the location with a fire truck from Chelsea. When I came off River Road North and began to proceed up the hill I got near the top of the short hill and could not proceed any further due to ice. When I proceeded to back up the apparatus I began sliding backwards on the ice, I had great difficulty backing down without losing control ofthe apparatus. If this had been a true emergency such as a fire, there would have been a delay getting to the house. I also have a concern about the safety of the bridge that spans a small stream, I don't know if it would safely carry a fire truck as this is the only access to the half dozen occupied houses. If you have any further questions, please feel free to contact me. Jim Tompkins Cc: Chief Robert VanTassel Bob Gra From: Robert Gray [RGray@MorrisEngineers.com] Sent: Monday, January 28, 2013 11:55 AM Bob Gray; pebobbo@aol.com To: Subject: Easter Road/Kellner/Campbell/Leggiero Barbara, Sal, Graham and Mark: This will serve as a summary of the Easter Rd. situation as I understand it: Easter Road is not a town road. It is a private road, approximately 2500` long, that serves 9 properties as shown on Filed Map 2332. Each property owns a Po~10of Lothi raadrox mately 450'en from RveaRoadn The badge has deteriorated and bridge on Easter Rd near the south end PP needs to be replaced. Mr. and Mrs. Campbell own a property that is adjacent to Easter Rd. on the west side of Easter Rd. They derive accesss from Circle Drive. The Campbells comelete hat bollects runoff frompthel o ds de d tch o n the we plo del of Easter Rd. ThE prepared showed a pond on their prop rty plan also showedd an area excavated to form a stormwater detention area downstream of the pond that receives water from Easter Rd. A C of 0 was issued f tent on arear is not ~zedeper the p alnCeWe have adv s d the Campbell that this is detention area in a manner that the de a violation of their approval. Mr. and Mrs. Kellner own the property at the end of Easter Road. They had a fire at their house a number of years ago. Periodically they come in and say that thn Seat mbeel3lthe Kellneas advised that they wa tedltation for Building Permit. In a meeting with the Kellners o p T OF WApp~TGER BUILDn NG Da 1s~N.Y1 12590 20 Middlebush Road, Wapp g telephone:845-297-6256 fax: 845-297-0579 APPLICATION FOR B U 1Lliu~ ~ i a 9 ~~ 1 ZONE:"~ '~~ DATE. APPLICATION TYPE: ®Residential APPL #: z~ Q~ ± PERLti1I,I, #____- O New Construction O Commercial ~ ~ ~3 ~ ~. GRID: 2 ~ ~G '~ O Renovation/Alteration O Multiple Dwelling ~ OS~ ' d ~~ of v~ APPLICANT NAN'IE: p n G {~ G Gil ~'' ADDRESS: I ~~ ~ ~ ~ ~~• =}jN%l~~ ~ E-MAIL: ~:;: CELL: FAX #: ~~ ~~ ~ ~ TEL #: ` t ~ 1 ~ ~ 7 ~ ~y ~,~ 5'~ ~ ~ (~ j..~, y ~ . ~~, r7.'i NAME OWNER OF BUILDING/LAND: ~~ *PROTECT SITE ADDRESS*: MAILING ADDRESS: FAX #: E-MAIL: TEL #: CELL: 1 ~ ~ ~~ ~ r '`llrJ BUILDER/CONTRACTOR DOING WORK: ; y~ ~. ~ (,,~ u 1 ~„ ~ r ~r~'~`' COMPANY NAME: ADDRESS: FAX #. E-MAIL: TEL #: CELL: DESIGN PROFESSIONAL NAME: ~Y~t? l~~7~ E-MAI3-: CELL: FAX #' TEL #: APPLICATION FOR: C~/~ ~ . L-SIDEYARD: ~- R-SIDEYARD. ~-" REAR: ___- SET~ KS: FRONT: __ SIZE OF STRUCTURE: ;n TYPE OF USE: ~`~ ~ ~~"`'''` {T ESTIMATED COST: f ~ ~ ~ ~ //3 ~ _ ~~ ~~f _RECEIPT #: ~/5~ PAID ON:~ CHECK NON-REFUNDABLE APPL. FEE: CHECK # _______ ~CEIPT #: ---- BALANCE DUE: PAID ON: APPR~ OVALS: ZONING ADMINISTRATOR: ` ~~ O Appr ®Denied Date: e „/ _ ~ ~ ~ FIRE INSPECTOR: O Appraved O Denied Date: ________.- .. ZONING ADMINISTRATOP. 6arbara P.ob~rti -Ext. 128 PLANNING BOARD & ZONWGBOARD OF APPEALS SECRETARY Sue Ro=_e - Ext 122 CODE EN FORCEh1ENT OFFICER Su=an Dao - Ext 122 Sal••~atcre fvtorollo I!I - Ext 142 FIRE INSPECTOR Pylark Li=ber;r~ann - Ext 127 CLERkCAL ASSISTANT titichale Gals - Ext 123 February 20, 2013 Aaron Kellner 117 Duncaster Rd. Bloomfield, Connecticut 06002 Re: Kellner Property, 80 Easter Rd. TO~~'N O~ ~VAP~'I~ GER ZONING DEPARTMENT 20 MIDDLL-BUSII ROAD WAPPINGL-RS FALLS, NY 12590 ($45}247-1373 Fax (845) 297-0579 w.vw, tou~nofwappinger. u,~ Town of Wappinger, Dutchess County, NY Fails, NY Gridn 6056-01-326658 SUPERVISOR Barbara A. Gutzler TO~~'~ BO~tiRD '~,%illiam H. Seale Vincent Bettina Ismay Czarniecki Micl~ae.i KLZIniCZ Cr(~j~~ _,'~ j,j, ~i`/G t7Spp,, TJf/'/Ta' (1c ~~~lFl~ ~CCrlJ7 ~Ve have reviewed your proposed plot plan relating to your application for building permit. The pint plan is rejected with the following comments. Please revise the plat plan and resubmit with the required materials. We are ava ifable for consultation if required. 1. In order to utilize an easement over the Campbell property, a variance must be granted pursuant to NYS To=vvn Law Section 280-a. as 4vell as applicable To~:m Code provisions. NYS Town Latin requires that before a Building Permit can be issued, the parcel must obtain access on an approved road and that the road providing access must be adeq~!ate to ensure safe passage to the str-ucture, particularly for emergency service vehicles. Please refer to the accompanying email from the Chelsea Fire District to Town Fire Inspector Pnark Liebermann. Prior to a variance application being considered, the outstanding issues regarding the Campbell property must be corrected. These items were discussed at a meeting at town hall on September 13, 2011. Those are: a. The area at the northwest end of the property that was approved as a stormwater detention area must be restored to the grades shown on the approved plan. • l-- ,, The pond on the Campbell property is filling with sediment and road material from Easter Rd, between the Campbell grope Ly and the Kellner property. Z, As was discussed at the September 13, 2011 meeting, the use of a ne~~r~ driveway over an easement through Campbell will require that the entire drveway from Circle Drive to the Kellner property will be paved since a significant portion of the access is greater than 6%grade. The code from the Town of Wappinger, NY § 214-60 -Driveways is as fol lows: 214-66 DRIVE~IAYS A. The developer shall so lay out and consuuct al{ driveways, both within and outside the limits of the right-of-~sray, that the grade within 25 feet of the edge of road she!! be no Less than 2% + or greater than 4% + (absolute). Ei. I he first 25 f eet of all driveways shall be paved; any drive5r~ay with a grade 6°~~ or greater shall be paved in its entirety. 3. In lieu of these improvements, restoration of the stream crossing approximately45' in from River P,oad should be made. The existing bridge is in a state of disrepair and should be restored or replaced with an adequately sized culvert. The culvert could be installed at the same size as the existing culvert downstream at River Road. Prior to approve( of this installation, any NYSDEC approvals would be required or proof that the stream is not in a classification that requires NYSDEC permitting. 4. Easter Road is in very poor condition and practically impassable at this time. The proposed plot - -- plan should show the entire access from Cirele Drive to the Campbeil.property. Improvements. to Easter Road including contours (both existing and proposed), grades, width of travelled way, construction details, erosion control details, propery lines anal owners should be sho~rm. 5, AI! propery owners along Easter Road including Campbell, from Circle Drive to the Kellner property should sign the application. Attached is a January 28, 2013 email from the Chelsea Fire District to the Town of Wappinger Fire Inspector. If you have any questions related to this matter, please contact me at 8-.5-297-6255, ext, PI r, Mark Liebermann, Fire Inspector Pts. Barbara Roberti, Zoning Administrator Cc: Mr. AI Roberts. Town Attorney Mrs. Susan Dao, Building Inspector Mr. Salvatore Morello ill, Building Inspector iv1r. Vincent Bettina, Second V`Iard Councilman Mr. Dan Koehler, Applicant's Engineer Chelsea Fire Company, Attn: Chief Robert Van Tassel Mr. & Mrs. Campbell From: Mark Liebermann OKThanks Iwill let them know From: Barbara Roberi Sent: Friday, January 25, 2013 2:23 PM To: Mark Liebermann Ce: Barbara Gutzler; AL ROBERTS (AROBER T SC~VSRP.COM) Subject: RE: Easter Rd Ni Mark, At the sta,-; meetin this past Tuesday, Easter Rd vas disctrstdno er AI and Barbara G. the hcmeoavner s _ the to~nm. If an emergency arises along Easter Rd should be notifiea by the Chelsea Fire Des , they should be aware that the bridge cannot handle the fire trucks and the access up the road r''ay or may not be blocked. Barbara _ From: Mark Liebermann Sent: Tuesday, January 15, 2013 8:34 AM I To: Barbara Gu~ler; Bob Gray; Barbara Roberti; 'A!be ~ P Rober`s' j Subject: FIN: Easter Rd From: Tompkins, James [mailto:'tomokinsna dutchessnv.aov] Sent: Monday, January 14, 2013 4:09 PM Ta: Mark Liebermann Cc: vantar58~vahoo.com Subject: Easter Rd Mark, artment was dispatched to assist town of Wappinper On January 5, 2013 at 4:46 pm Chelsea f ire dep ambulance with entry into a house at 20 Easter Rd. I responded ~ uh thEChill I gotftn ar the topkofthe I Chelsea. When I came off River Road fJorth and began to procee o,.eeded to back up the apparatus i short hill and could not proceed any further due to ice. When ! Pr began sliding backwards on the ice, I had great difficulty backing do~,vn without losing control of the apparatus. If this had been a true emergency such as a fire, there would have been a delay getting to the house. also have a concern about the safety of the bridge that spans a small stream, I don't know if it ~A~ould safely carry a fire truck as this is the only access to the half dozen occupied houses. If you have anY further questions, please feel free to contact me. Jim Tompkins Safety Officer, Chelsea Fire District 914-475-3478 Cc: Chief Robert Van Tassel CFIEI~SEA FIRE DISTRICT P.O. Box 128, Chelsea, New York 12512 Lynne M. Sheppard, Treasurer Tel./Fax No. 845-831-62~ Yvonne M. Tompkins, Secret RECEIVEp February 2013 Dear Easter Road Resident: DEB ~ g 2013 F7RF lNSPERQR TOyyN OF WAPPINGER The Board of Fire Commissioners of the Chelsea Fire District must inform you that due aoa us deterioration and disrepair of Easter Road it is making it impossible for emergency app (fire trucks, ambulances) to reach its residents should an emergency arise. Access up the road is treacherous and depending on weather conditions, may or may not be blocked. The small bridge across the stream cannot handle our fire trucks. The condition of Easter Road has been discussed with the To not do a nplh g g because yourp oad ora nd Highway Superintendent at a staff meeting and the Town can Yt private road. Therefore, it may be a good idea for all the property owners/residents to get together to work on getting the access to your homes repaired. Until such time, the Fire District cannot send personnel and apparatus into what is now deemed as a hazardous situation. Firematically yours, BOARD OF FIRE COMMISSIONERS 1 r _-~i~;yl~-~'~ ~-i~U' ~ rc'~~l Christopher Kearns Chairman Cc: Barbara Gutzler, Town of Wappinger Supervisor AI Roberts, Town of Wappinger Attorney Graham Foster; Town of Wappinger Highway Superintende Mark Lieberman, Town of Wappinger Fire Inspector Pale 1 of 1 Kellner, Easter Road; Town of Wappinger Kellner, Easter Road, Town of Wappinger Robert Gray Sent: Wednesday, March 06, 2013 2:47 PM To: jha@cgrfaw.com Cc: bgutzler@townofwappinger.us; dkoehler@hudsonlanddesign.com; gfoster@townofwappinger.us; broberti@townofwappinger.us; aroberts@vsrp.com; mliebermann@townofwappinger.us Dear John, ___. ,.___~,~,~~w~.,. If there is any clarification that is needed for the Kellner building permit application and plot plan review letter of Z/20/13, I can reserve 3/19/13 at 1PM for a meeting. I have pushed out the date because Barbara Roberti is out until March 18. Please confirm if you think a meeting is necessary. If a meeting is necessary, I think that in addition to yourself, the engineer for the Kellners should be present. The Kellners may wish to attend as well. Hudson Land Design is the office that prepared the proposed plot plan. For the town, in addition to myself, there would be Supervisor Barbara Gutrler, Fire Inspector Mark Liebermann, Highway Supt. Graham Foster, Zoning Administrator Barbara Roberti and Attorney to the Town AI Roberts. Thank you, Robert J. Gray, P.E. Engineer to the Town of Wappinger /~ ~ oxBALLY ~TL~~,-~ ~~ ~LEYE?~ ~,JP M ern o rand u m G~ ~ 35 t'larkzt Street, Poughkeepsie, ?v-Y 12601 (gT~) ~5~-1110 (phone), (845} 4~^-.-487 (fay) ~~'CEiVED ;ha~a cQrlaw.com J~~~~~[t01~ a~,~tiwiw, es~aa~M~. To: Bob Gray, Al Roberts, et al. rosvr~ of warrir~c From: Jon H. Adams Date: 3/11/2013 EASTER ROAD I represent Aaron Kellner, who owns several Lots on Easter Road and has a building permit application pending. In turn, the Keilners have been working j y bell, who have a commonality ointl with Krystal and Peter Camp of interest with the Kellners as they also have a lot within the eastern porti on of Easter Road, which is the subject of the memo. It is my belief that the processing of the Kellner building pernlit apphcation has been confused as a result of the lack of understanding a etoo tseveral lots Easter Road as it affects NIr. Kellner s parcels as well as on owned by the Campbells. The ose of this memo is to frame the legal issues as I see them fr~m an oti~r perspective in response to your February 20, 2013 letter to Kellner. A dialogue on the same is necessary, if variances are necessary, I want to have a common understanding as ~o what those issues are to properly frame the variance requests. Issuer 1. Classification of Easter Road. This issue needs clarification as you refer to the driveway standards to discuss the physical elements for- the road. Additionally, refe ~ n the status made to unspecified variances which may not be necessary g of the road. Easter Road, and our client's parcels, is on a filed map (T2332) that was filed in approximately 1950. I have been unable tom dPl ~~~ B and was Town who authoritatively can tell me when the To \~ggL~Y~~LLP h~emorandum C~~ORB~LLY ~RTLAND ~~T ~J 5 Market Street; Poughkeepsie, N-Y 12601 (g45} 454-1110 (phone); (845) 454-487 (f~) iha~c°~'law.com first established. However, I reviewed ost orf thh~ firiod op1951through Clerk's office for the Town of Wappln~~rs fo p 1955 and found that none of those filed maps had the signature of a Town plant~irlg Board Chairman (I did not search beyond 195 e k Ila w~full ed superfluous). Using the presumption that the County Cl ~ board existed exercised his duties of not accepting plats where a planning (Town Law § 279), I have concluded that there was no Town Planning Board at the time of the filing of filed map 2332 on 7uly 3, 1951. Easter Road is a street, not a driveway, as that term is ~finedo~¢ law°`~ is Law §280-a and under the definition section of the To also shown as a street on the Town map available on the Townes enders Its classification as a street is important for our clients, as it p ~~ys to extend mortgage loans for the properties owned by our client. /~ ~~ Easter Road is a street, why is a variance necessary when a P Cam bell ~~~ As easement is being used for access to the eastern portion over Pp1 for one, ~'/ parcel (x259750) from Circle Drive? tiVhile I am prepared to a y tore of the variance would be. it is not apparent to me what the na ~,~ Issue x 2. What part of Easter Road remains necessary for access? Bob's memo speaks largely to the western porn od ~ a the rReasons particularly a parcel that also fronts on R~.ver Ro expressed in this memo, that portion should not be a consideration. a. The house at 20 Easter Drive (parcel 19778' abl shasllac ess00o What variance was required for tt? It presum--- - y - Circle Drive over a private easement. a. Two other houses on the western end of Easter Dcces~s to Circle } have separat which is parcel 239747 (Leggio , Drive (Leggio has actual frontage on Circle over s second lot ~ the same tax number), making access to any owned by him having remaining portion of Easter Road west of his lot a superfluous issue. ARTL_A_ND ~~ AFPLEYEA LLP M em o ran d u m G~~°RB,~L,UY > 5 Market Street, Poua' eepsie, Nom' 12601 ~ ' a~a-1110 (phone), (8?~) 454-4857 (fax) (87~) ." . ~ha!cc`carlaw.com b. The large lot at the west end of Easter Road (' 169809) has frontage on another Town road. r all these houses on the western end of Easter RoadbE ~ ~o~a a aa~ess toL Fo means of access to another p appear to be the Primary Circle Drive has been obtained Given the foregoing circumstance, a mainte~ ob~ae~ed as th re a ould be no the western end of Easter Road can never b incentive for the fast four lot/home owners to sign: Issue rt ~ Condition of eastern portion of Easter Road. eco~nize that there is a standard that has to be observl o~the 1 w ~ der Law §~80-as to the condition of the road, as subdivision defining street) and subdivision 2 are cumulative ~ Ewe Mart has been ( I can only ind~-cate tha alternative. For this memo, retained to assist in making recommendations as sta dard should bever~ given the very limited number ofeots~ule theadriveway standards maybe a correlative to the nurnber of hom articularly as to paving, as guide, those standards also mve the lengthlof the eastern portion of Easter most driveways would not h that only a limited portion of the eastern Road. It is also my understanding Q from ortion has a grade in excess of 6% and that a large portion extending P the Kellner house site westward to the one grade at the beginzung is relatively flat. ~ our memo as ~i I have not addressed all the physical condition iss eeMa~ ~ However, it is ~~ it is premature given the owner s ie~ention of Erna ~e issues as they that the Campbells have addressed draina~ i my understanding !~ affect their lots and the pond on one of the lots. Page 1 of 1 ,~ From: Alex Whitney (alxwhitney@yahoo.com] Sent: Thursday, March 21, 2013 5:02 PM in er.us; To: AROBERTS@VSRP.COM; mliebermann@towno~rvappinger.us; broberti@towno~vapp g sdao@townofvvappinger.us; bgutrler@townofwappinger.us; ckearns@dutchessny.gov; rrantassel@dutchessny.gov d3.~~,ll~,~bN,, jo r{~~,o erairrry;d Cc: kkreyn@us.ibm.com; vantar58@yahoo.com; jtompkins@dutchessny.com; Aaron Kellner y.asNtabd~, Subject: EMS Access to Easter Road Chelsea ~`~~~ ~' ~ ~~; Please find attached a letter addressing EMS access to Easter Road. ~~~t13~~~ Best Regards, Alex Kellner March 1, 2013 117 Doncaster Road Bloomfield, CT 06002 To: Mr. Christopher Kearns, Chairman Chelsea Fire District Mr. Mark Liebermann, Fire Inspector Mr. AI Roberts, Town Attorney which indicated We were in receipt of your I efusin htoh send perdsonnel and apparatus Tonto Easter Road that the Fire District was r g because the Fire/EMS district was deeming rt chin fromrR ver Road,ocos[d not get up ant;oy of the road. We understand a vehicle, approa g section of the road to access residents at 20eE~oste ceoedthe attentionhltheytneeded What and we hope that those residents were ab concerned us most about the letter was the ssanow deemed'as a hazardous situatio istrict cannot send personnel and apparatus rnto what 1 have 40 years of experience as a registered ical Services' (MIEMSS)ncNtIEMSS isothe renowned Maryland Institute for Em..rgency Med premier EMS system model and has been use seastas we11d. sln add~ion,eSholdsal maste s systems not only in the United States, but over degree from the Johns Hopkins University, Bthe EMS arena al d ha beI worked wit Btop EMS MD. l have worked on drafting legrslation rn officials on Disaster Planning at the state level and o annzations, inrclus Ee of trahning alnd assisted in the oversight of the EMS/EMT coo ty g planning on the statewide level. As a CT/S Aound n 13 the deliveryltof eme gensyemedical somewhat familiar with the scope of practrce g services. In response to your letter, frst and foremast, Yo{ has absolutely not bassaonmake such a Easter Road is illegal. And the fire departmen proposition. I'd like to explain why your position to refuse residents on Easter Road service is illegitimate. Access to a(! of the homes on Easter Road is attainable through two (2) easements. One is via Circle. Drive through Noreen Leggiero's driveway,_which runs midway onto Easter Road, The second easement is right next to it, off Circle Drive across the semepnt deed r c early which also leads directly onto Easter Road. The Campbell's ea stipulates that this easement can be used for EMS vbell'se easements a~ong with Leggierots the vicinity and particularly on Easter Road. Camp easement are in both excellent passable conddioioe on ad ortntinuah basis obetlhese easements maintenance agreement in place. Work is east on Easter Road up to our property #80, wese easeme ns hdave resulted Sn a safer and plowing, salting, etc. Our efforts ~n developing th ~... have to rely solely on the lower River Road access more viable egress to those residents that for emergency services. artment have forgotten that he said that in 20 ~e thiero`seeasernentDwi h the fire Mr. Lieberman must it up the hill to #80 Easter Road vi gg had no problem making es and equipment in response to our house fire. He other f~e veh~cl eo le, including trucks and other heavy eak up and clarify that at the staff ements to that effect on numerous nd whin he didn'{ smpber o P P ccessibility, was slat personnel/officials. We do not understa . The only recommendation that h he ode at that time, in terms o s road. Since that time we have maintake d the meeting uate headroom along t that we provide adeq lon that section of Easter Road toeover p5 feet. We have a wa for . u the hi[I to where Easter Road ennds headroom a 9 Brio s prop ~Y~ section on Easter Road from our driveway frontage at the dd~fionEweeha ~e ae~ently made at our property line, including door, cleared, passable and in excellent condition. I efforts. We rode providing even better access. We continue to suffer from airs on the g in our rebuilding various costly rep he loss of our homestead and have to dergone undue hards 'p ve maintain the area of Easter Road thahave tolendure t within our power wit[ do every thing ossible so that no others will e with the building/zoning department to ensure the are responsible for in the best condition p what we have. We are currently working 's easement is in the best possible condition for EMS vehicle access. new Campbell to public Health and EMS Law, including some local ordinances, 1 understand that according EMS vehicles/personnel are if deemed necessary in the case of an in terms of access, it states that in the case of an emergenc , ro erty s with common walls allouved to crossover another abutting p P buildings' roof c . For example, in NYC where they n Ieeally ente So no tadnnabutting .dent with a emergen Y . is ablaze, EMS personnel ca g and one building o over any property re at the next building. ft is done a!I the~~ eeuipment can g f an m and to access the fi ency, EMS personnel a q can go through a neighbors y house fire or a medical emer9 or endangered person. They to access the burning building them closer to the sight of the fire or drive over their lawn with limited liability if that wi11 bring or the person ~n need. asses through a lace at which the road p -ies Common law on a private road stipulates that the p onsibility of the b the property owner. This is a law se 'lltris then espy whic app propet~Y be maintained y edestrians. to those individuals who have atheewalk m front of their ou •bilit sidewalk in front of their house cleanfdthe owners of the owner of the property to keep ons~ Y lies to the private Easter Road. It is the res assable. So, with that said, it The same rule app asses to keep it maintained and p ass over propefij on which the road p i1i of the 20 Easter Road residentf to ensure that vehicles ca the '~ concern sited by an email forwarded to I is the responsib ty belong to their section of the road. We believe that jhne Tompkins, Safety Officer, may etting uestions to you is, if Mr. Tompkins, had diffcculty g ', us from Mr. Lieberman and written by iero's driveway? Also note that the l residents at #8 Easter Road. My q t access via Legg shart,s prope1~Y on Circle Drive, access to #20 why did he not attemp ~i ress over the former Dy within 75 feet of #20 residence. And, if his vehicle failed to i safety officer could have sought e9 et out of his vehicle and walk ~ which would have placed him virtue of his credentials tog e and its ability to ~~ ascend the road he is obligated by of the bridg rovide assistanceel n the asetof anlemergency, again, we defer the Fire to the residence to p '. ..:~~.~+~.,~ tt,P weight of a heavy veh~cl Department to Ms Leggerio's and the new Campbl Ilonto EastertRoadch for the purpose of EMS traffic and legitimate access points, runs direc y As an EMS provider, Chairman Kearns, you are quite familiar with these scenarios and the role a firefighter or EMT plays when it co b(ic voelfare.e The savngaof lfelobeimb holdstlno EMS providers hold in regards to the pu constraints, unless of course, under the condition whereby the provider's life may be in jeopardy. It is the responsibility of Chairman Kearns, Chief Van Tassel, and Mr. Lieberman and other EMS officials to conduct regular meetings. In thous related to access to dwellings, just as~ is discuss any nuances/constraints/special cond~t the your ultimate responsibility to require that hero at on of Ihyd ant whenhourohou'se onf 80 hydrants. Fire personnel where not aware of Easter Road burnt dawn to the ground in 2004• oflthe firerdepartm nt heads to evaluate performing their duties, then it is the responsibility the conditions surrounding those con bothseasements be added tol theotown'maps, so obstacles. We highly recommend tha then they will be included into the GPS Goo leoMapstretcentThisa s aavery ~ornmon personnel use, along with inclusion into g sense approach and wilt reduce the likelihood of any miscommunication between fire officials and personnel. { hope you find my response to your letter satisfactory in terms of meeting the needs of emergency services on Easter Road. We apprecnt~rymonths.'Residents need to~remembes to be maintained and cleared, particularly m the w this when they leave their homes for warmer dest~nbas ncem Consideeingtthe fact thatlr~EMS third party to keep the roadway clear m their vehicles do have access to all of the propertieave no le altgrou~ds,tnor have youlprovided easements that are routinely maintained, you h 9 any legitimate rational to deny the residents of Easter Road these critical town services that the town is obliged, by law, to provide. {t has been close to 9 years since we los n our ermite aWe f do not app e ~ate~theat wns conflated with our application for a build g p persistent, illogical, and obstructionist endeavors evidenced by the loss of our insurance monies due to the fact that our claim exceeded theak of the pa'in' anld suffering we ha ~e insurmountable financial foss and hardship; not to sp endured, we are requesting mutual consensus and final closure o o~units to live on and hoping, that vvithin our lifetimedfather 70 rears ago plrovided foe himp Y enjoy the property that his gran Y Best Regards, Alexandra Kellner, BSN, MHA Qan_~a~-3958 ~~. C: Ms. Barbara Gutzler, Town Supervisor Ms. Barbara Ra b Eng Weer toAhde Town for Mr. Robert G Y, Mr. Foster Graham, Highway Officer, Chelsea Fire District Mr. James Tompkins, Safety Chelsea Fire District Chief Robert Van Tassel, Mrs. Susan Dao, Building inspector actor Mr. Salvatore MorellSelcoBdllWard Councilman Mr. Vincent Bettina,bell Mr. and Mrs. Camp Ms. Noreen Reggiero Other Easter road residents Attorney Jon Adams March 14, 2013 5t" 1 had a pleasant,conversation with Mrleasantlyesurprsed~that he Addendum: On March , outstanding issue concerning the Board of Fire Commissioners aneeff ~ tooresolve this ong tatted not only Mr. returned my call from March 7 In back 9 years, 1 con dating 28t" and again on March access of EMS vehicles on Easter Road, 5 of us (' m husband the five () including Y earns, but Mr. Lieberman and Ms. Gu all a o 9 once on Fe ruary .lack of response, K a conference 1St in hopes to set up calls. We are quite dissatisfied with their Aaron). They never returned my considering the gravity of the situation, as we saw it. bell's, m interpretation of Chairman Kearn's letter, as was the Camp As I stated previously, Y in us EMS services. Mr. Kearns reassured me wa shape or manner denying the residents of Easter vas that the Chelsea Fire District was deny g ed that far me. that the fire ervices.e i was very ref eved that he confirm Road EMS s dent surrounding the cal! to #20 Easaer br ° ght to i n a staff We also discussed the ~nci onsibility of the fire department situation that prompted the letter, and the attention Mr. Lie arm that there was an meeting. Chairman Kearns agreed with me that it was the rasp ersonnel are given d instruct EMS staff on access issueection (of lack thereof) p ~ ed that to train an obvious problem with the communicatieS regarding access. Chairman Kearns confirm dateslchan9 ro ernes to access tshart to personnel in terms of up MS vehicles and personnel will, can, and do croted to racb ass #20 via the ereb e making ~t E ears that Mr. Tompkins attemp in need. It app _ 0 Circle Drive,- but cement blocks anroach thebesidence'on foot. property at #1 kins did app i~-npossible to drive across and Mr. Tomp who is relatively new, had no Brio's right of way up, Chairman Kearns, When l brought Legg Were the problem lies. The district of Chelsea is ches fdrom know{edge of it. This is exacting arding the "lay of the land", r of volunteer firefighters, if not all. nowledgel eg e service asp be a large numbe ree of k ersonnel to Wappinger's who probably have a lesser deg ortance of p in Chelsea, literally. Chairman K f on s and 1 discussed the imp t th - s. Obviously, this method of verbalecbOe t sollution ..,.~~o~ ;n access situations/cond.M^~Qr+;~~P We mutually agreed tha ain, this asement added to the town mt e right of way would be to have the Campbell s new e n individual whether it is volunteeor or salaried, to idea r through dispatch (I am not familiar with would allow foray Google, from their own personal vehicles via GPS, artment utilizes). the navigation toots, if any, the dispatch dep ensive and simple fix safe, inexp laces the residents of Easter Road, feel that this is a relatively We, as for at least 9 years. This issue of access p ust be addressed and resolve imh ediately, once and or roblem that has been festering e town of Wapp~nger's to th-s p onsibility of t residents on the road at risk and it m and resp and not to consider all. We strongly believe that it is the civic Whatever avenues necessary inning is ut in motion; this continual sp ect this to consider our recommendation through hat if you choose to ignore or rej his an unreasonable request. -soeneed to conside bt p in terms of prope-~Y t Brous. You a eo ardy This all fruitless and dang ou will be putting the residents °an y permits and resale value. recommendation, y e occup tax value, homeowner's i os ~ra~ {hi g verpe0pte,s lives. underscores the most imp reciate your time e ou wild take this into consideration. e ap st and hop Y n ex edient response. Another house fire We urgently reque and efforts ~n these mattes and look forward o a an life is not an option. or the potential loss of hu AK L; ) ~,Z~-13 ~~ ~ ~ ~ ~ ~- ~ ~ ~~~~ ~~~ S ~r.~~LU~ ~~~ ~~ ~~ ,Q ~ . ~ ~ ~~ , ______- ~ -~,~ (~/ ~i~ ~E~~~~n~ ~ -~ f~~ ~ ~~u5t .~ ~~ ~ ~~ ~~~~ .~,~'. ~ ~~ ~~ ~,~- ~ ,~ d r ~Gw ~- C/(JSLd~ n~ J: ~~ _ ./ ~. i',~- ~ ~~~/ n ~~'~'~i-----~ __------ ~ ~ ~e .~ - -- /D,~ ~~ r ~ rv - ~ }- G~ ~~~ - - ~ y , . ~ ~' ~ ~~ ~~ ~~~~ Barbara Roberti '~`°"" ~-- Krystal KCampbell [kkreyn@us.ibm.com] _ From: Monday, September 09, 2013 11:58 AM Sent: ~;:Jl..~--; s ~ ~:~~o Jon Adams _rr`~=~'~~ -~' i To: Barbara Roberti -;,~,;,;r~, o= ,^~~--:~."; ~ -- Cc: Re: Kellner ZBA Subject: Easement for Easter Rd - 54 and 62.pdf; DS000297.JPG Attachments: com lete this weekend. (sent pix to Barbara Robe ciern boot{hehKellner ZBA was t e area be ow the pon as The work was P the pond since both are on the same permit. The only area of con o close ermit we had to finish both areas. We are fine if the Town will come inspect. I have called for survey o butt P built". ed Friday that they needed a copy of the Easement agreement for 54 an Barbara also mentioned to Pete when he stopp as well. That 112 acre vacant er ro erties owned by us --Peter &Krystal). We n Ided Easement t thdadt property easement to 112 acreefaocan 62 East (p P property below 54 Easter. Barbara thought that we had prov Brio along with the next one down below Legg has an Easement through the one below it (Noreen Legg ) property attached ale: Easement for Easter Rd - 54 and 62.pd~(See attached file: DS000297.JPG)._.---- - (See .f Krystal K Campbell & Transformation Senior Managing Consultant -Industrial Strategy IBM Global Business Services Home office phone: 845-440-8481 Mobile phone: 845-401-9326 E-mail: kkreyn anus ibm_com `requirement ,1C~i1 Ada;~~~ ---n,~%(J`3%2013 i'J:~~:~v A~'---'v'iitil4Ut COnC@G?^g t(le ~falidlti Ot any -t Cam;~bei!sccmp{ete ~;vork before the meetin Jon Adams <iha~Jcgy°m' "c Barbara Roberti <BRobertiC~to`~mo~vaoomger.us>, _, +«; 09/09/2013 10:25 AM :;- Kellner ZBA +/` ,; , ~ , '' ~~~~,; ;~~.'~~ ~ ~~l ~l/~,~ ~ r lu " in~~V - ~' ~,,~ ~~ r' validit of any requirement that the Campbells complete work before the meeting, it is without conceding the Y pin Kr stal on this m understanding that the work was physically completed n es necessary i dshould undertaken upon that Y email and asking that she confirm the same. Ian mspec confirmation. Is Jim Horan still the de facto attorney the board raised in the application Should I be reaching out to him or Al on the legal issue I ha' Barbara Roberti To: Jon Adams VSRP.COM) Cc: James Horan (JHORAN@VSRP.COM); AL ROBERTS (AROBERTS@ Subject: RE: Kellner ZBA _„-,;rP; ~ ~iJ ~' y 1, ~ _. Jon, -' Yes bath AI and Jim should be involved. i0++ From: Jon Adams [mailto~ihaCa~caria~w.com] Sent: Monday, September 09, 2013 10:25 AM To: Barbara Roberti Subject: Kellner ZBA without conceding the validity of any requirement that the Campbel`veekendet I am copying tKrystal ton thesis my understanding that the work was physically completed over th email and asking that she confirm the same. If an inspection is necessary it should undertaken upon that confirmation. Is Jim Horan still the de facto attorney the board, Should I be reaching out to him or Al on the legal issue I have raised in the application EASEMENT -~ _ THIS INDEN`T'URE, made the 20th day of October, 2012, between Krystal K. Campbell and Peter A. Campbell residing at 14 Circle Drive Wappingers Falls, New York, 12590 parry of the first part, and Krystal K. Campbell and Peter A. Campbell with an address of 14 Circle Drive, Wappingers Falls, NY 12590, party of the second part, WITNESSETH, that the party of the fast part, in consideration of Ten Dollars and other good and valuable consideration, paid by the party of the second of the second part, the heirs or part, does hereby grant and releas of the second. part forever. successors and assigns of the party ALL that easement area situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York and more particularly descp bed of the attached herein, said area being within th corded n Deed L be r18g e ep 0 first part by deed dated June 5, 1991 and re It being the intent of the party of the first part to convey to the party of the second part and his successors in interest an easement twenty fe~h~ns ~ondeparty and h~s . Circle Drive to Easter Road to permit the party o y p of the successors in interest access separately to the roll rand ts~oX ~ pbo f tie TOwn of second part (identified on the assessment Wappinger as follows: 1. Parcel No. 6056-01-259729 2. Parcel No. 6056-01-276713 No above ground utilities shall be placed in the easement ar Iaced on o~ at edge of structures, components, lockers, cans, poles, fences shall be p right of way except as noted below. Ground level traeSi less t an 3b high, green paved way are permitted. Small post mounted splice box or brown in color, within 1' of edge of the right of way, ~~ under 1 round uti d ~ot on inside of any turn, are permitted to be installed to supp g No trees or plantings above 3' shall be placed in the right o f ~n• ~ ole ng placed permitted to be placed to control access to Easter Road i g p within 1' of property(Easter Raad boundary and within 1' of edge of right of way. tC~L~ A single pole less than 3' in height is permitted to hold the gate open. The Easter Road "gate", access control structure, or device can be closed by lock or latch that only authorized right of way users have key or combination to~ not f cagon." For be closed to unauthorized traffic at least once per year with pno rovided the are support of snow plowing, reflectors are permitted to be placed, p Y removed by April i 5. Paving, curbs, ground level improvements, drainage structures are permitted on the right of way.R Ddr~~a drivewatlli mt n scan be drainage structures in a workmanlikein ao the 14 Circle Drive drivew ay.g installed consistent with existing light g Underground appurtenances concerned with drainage or utilities in the Campbell easement shall not be disturbed or if disturbed they must be restored at the expense of the acting party. Known existing underground utilities that Iie or may lie in the described right of way include but are not limited to: Private 7.2 KV single phase electric service, Ground source heat pump ground loops containing anti-freeze, 120V lighting conduits, Fiber optic communications cables, Coaxial communications, cables gravel trenches for drainage (4") and pond storm water drainage pipes/structures (12") It is intended that this right of way is to benefitro ted to those ~esidents,lownerss presently on Easter Road. 'This right of way is rest agents of residents and owners of listed on the nded oenarcel not n benefit of agreement shall be null and void if parcels are apps p this right of way -specifically, but not limited to, a parcel described as Parcel Number 135689-6056-O1-190588-OOQO on 2412 map of Dutcheosw~ d by Chelsea This parcel is presently the 83.38 acre parcel now or formerly Y Farms LLC. AND the arty of the first part covenants that the party of the first part has not p done or suffered anything whereby the said premield b a the Hudson Valley Federal `~,~ay whatever except as to an extstmg mortgage h y Credit Union. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the panty of the first part has duly executed this deed the day and year first above written. v 2 ~/ ~-~`' sta K. Campbell /' `~ L A, Campbell STATE OF NEW YORK COUNTY OF DUTCHESS )SS.: On the 20th day of October, 2012 before me, the undersigned, ersonallY ersonall a eared Krystal K. Campbell, p Y Public in and for said State, p Y pP known to me or proved to me on the basis of satisfac~n and acknowledgeddto individual whose name is suame i n heor capacity and hat by her signature on the me that she executed the s instrument, the individual or the person upon behalf of which the individual acted, e~~IK e~?, h1 R E~e~ . _ Notary f ublic -State of New York ~~~~ ~-- FlO. Dtht0620234Q Qualified in Dutchess C~un ~ ~ ~~~, public h1y Commission Expires -- - •~ - STATE O 0 ~UTCOI-LESS )SS.: COUNTY the undersigned, a Notary On the 20th day of October, 2012 ~ before me, ersonall Public in and for said State, personally appearedsatisfactory evidenceto be the known to me or proved to me on the basis of individual whose name is subscribed to the within instrumebnt hid si aturedondthe me that he executed the same >n rsoncu onlbehalf f which the individual acted, instrument, the individual or the pe P executed the instrument. ~~ Nota Public RECORD & RETURN: Jon Holden Adams ~...~ x-_ -- _~ _ Corbally, Gartland and Rappleyea, L KATHEF?IFlF F,tvRFY 35 Market Street Flatary f ublfc • Sfate of New York N0. D1MQ6202340 Poughkeepsie, New York 12b01 Dualif(ed In Duichess Cou ' y FAy Commission Expires ~~ G ~~ 3 _ .. . :;=> 5 ,y'j - i ~ tilt 5- ~ ~ - -: w.{sw.~r - ~ - '~ ~"`~~ w-. ~_ ~~ > 1~ „. _ ~ ~ t.. ~4 ' a~ -~ ;,~ i ,... ~'~- y. `-.~ a~ ~4 ~ ~ ~ ;~ xr ~ i d ~~a- ~• ~ti..~s~,..~ ~ i ~-~'- - ~~~. ~ a ~ ~ _ ~: 1 .~ =r ~ ~ ~. L . ~ca»s ``'x _'.._ ~ ~ ~Z-r 'i. ?': ~ - - _` F Y ~ 3 ~" a x ~ q ~'.~_ _ ~~ ~ r - ~'7~ ! .. $~'. l fy~..'. ; E 3,: .jet v J ~" ~ r~' i` j 7 -_ T -. ~' Ye ~~~~~ ~ ~ ~f nz v i' ~~~~ ~ `aR j _ ~ ` ~~ ?~' '` .J 2,.. S ~~~~ - .. i• L; r r 1. S ~ `. +. :, ~-. ~ - - :;~- x _ ~ - 1 R1 _ y= ' ~^~ ` C ~ r F- 'L--. _ ~ __ ~ _.,~ - _ - - c Nx ~. - ~~' ~.,. ~r ~'~~ . ."_: s ~-z € ~ ~~ ~n ~~t'..7~ tiiN 1 ~' /. + ~ 1 ~.~ y' ,u ~a~xS ~ f`~ {~„ y 7 r . ~~ ~ r 'r ~' L __ ~ ~ r ._ i y e ~ ~ L ~; ; 1 - ~'. ~ : y-.~ '~ -. _. _ i - ." ,. ? { ~ i t ~, ! - ~f..-~:t~ . a.. _ ~,.`~~ ~`. Bay tiara Roberti 1-S _'.~. From: AIR [aroberts@srddlaw.com] ^~°~'~=i'JCO Sent: Tuesday, September 24, 2013 5:19 PM To: Jon Adams . , _ Cc: Barbara Roberti; Robert Gray; James P. Horan - Subject: Easter Road zorsitio a~~,r~a,s~rA.iO Attachments: FM # 2332 for Easter Road.pdf ; c f;;.; a= ,,~~rr_r;~_? Jon: Your last email was inaccurate. Attached please find copy of FM# 2332 filed on 07/31/1951 in the Dutchess County Clerk's Office. It clearly shows all the lots off of Easter Road. Unless the law has changed, all the lot owners have an implied easement over Easter Road. Furthermore, it is my understanding that Easter Road was the primary access for all of the homes on Easter Road for the last 50 or 60 years or so. I will be glad to discuss the legal issues with you however, that Easter Road is and should be the primary access for all Very truly yours, Albert P. Roberts Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 (845)298-2000 (845)298-2842 aroberts srddiaw.com www.srddlaw.com the Town remains firm in its position the lots. This e-mail message and any attachments are confidential and maybe privileged. If you are not the intended recipient, please immediately notify us by telephone and return the original message to us at the listed email address and destroy all copies of this message and any attachments. Thank you. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding peg alnlsactiodn or matter ddressed hereidne or (ii) promoting, marketing, or recommending to another party any i i 1i ~ T (~ `'~~ 4 ~i ~ ~ ~~ r': C5 ~ ~i'~2 ~~~ `~) n ~Y ~~>t~'y9 ~i: o r). _? ~ ~s y a~° i ~ tz ?x; ~S z 4y ~' O t ~ i<Le~` b ~ .,,;~- as , aoh~h jY?iE'i ~YE4~C a~ tE°2`o is !\ O tSF~ E Ei i :; ?.3 * ~ ~'~i 5 o +~ Y ' h --i -- k ~ k :~ c k a ,~ v h v E t < 3 h ~ i i Y ih c d t t t S ~: ~': H ~ ~ i I 61 n r 0 c m .~ N Cri M N ~a "- r ,l'_ ~ l.C t ~ ~ ~Y ~ ~~~~~ Barbara Roberti ,;~,_;;,_; SIK [akellner@SIKORSKY.COM] From: Kellner, Aaron October 21, Monday 2013 2:41 PM _ Sent: To: , Barbara Roberti - - _ _ Cc: Jon Adams Kellner building perm it ~,,, ~ _ -n ^: > ~- Subject: Attachments: Leggiero Deed.pdf I-ii Ms. P,oberti; With the deed for Leggiero showing that in fact ns w thdthetCampbell easemaentathere iso anrestabrlishedhlegal accoess to over that property, it s clear ghat Urhatever happe the Kellner property at 76 and 80 Easter Rd. As this vvas the ma,ouprdobrespect ve of bhelolutome of the Varialnee u~d like to propose that the refection be lifted and the building perm requested for use of the Campbell easement to Easter Rd. which we are still pursuing. Please provide your response soonest. Aaron Kellner ,, ~~ ,~''a ~ Dt7TCHESS COUid~'Y CLERK RECORDING PAGE Rseoxn ~ x~~xrr To FREDERICK D P.OMIG ESQ & BARRISTEF,~ ROi+4 STE 1 WAPPIhGE^x5 FALL5 1V'~! 12590 RECEIVjD FROM: tiORTk RIVER GR~'TOP.: HOSCT-F u`ANfES r III GP.ANTcE : LEGGIER) BTOF.EE<N R.ECORDcD I2:: BEED IA7STe2iJbtEt:1 TYPE: R:COR?^D: 12/22/20Q5 P.T: 14:45:38 DOCUMENT n: 02 20C5 11493 TAX DISTRICT: h'APPI?vGER E~.AI'2INED AND CHARGID AS FOLI,OSdS RSCdF.DI2r'G C'nARGE: lI9.OG 1`ICT?ru3ER 4F PAGES: 4 TRA,'r'SFER T.~X AMOu'LVi' : 1,178 .00 TRAi45FER TAX zJLIMBER : `~ C 0 3 8 2 7 E & A FORPd : Y * ~ x DO IdOT DETACH THIS **+ PAGE TP-584: Y ieirir 'T'r1I."ti, IS ~~T ~ RTT,i, llllllll!Ililillllll~llllllll~l!II~IIII!Illlllllllllllll~lllll COCJI4'TY. C ,EP.K BY : NDS / RECEIPT NO: R46388 BATCK RECORD: D00017 t +,t '} /; / ~~ u ~' BARGAII`r1 Al'titD SALE DEE13 ~ ~ `~~ v~I'~`H COV~E~IAI~T AGAINST GRAh'I`4]E2'S ACTS E' ,~. THIS L'w'DENTL~RE, made lie 22c° day of De:xmher, Two Tkousand Five [iETtiti'EE1V J,4bIES F: BOSCI?, III 40 Easter Road Chelsea, New York iZ5i2 ~' tarty of the first part, at;d party of the second part. NOREEPJ LEGGIER) 24C t~'};ite Gate Drive Wappingers Falls. New York 12594 i~'I~YBSSET'FI, that the party of the first part, in consideration of Ten Dollars and other valuable cor_siderat'[onpaid by the party of the secend part, does hereby gra,7t and release unto fire party of the second pars, the heirs. or successors and assigns of the party of tre secaad pare forever, ,~ r.r. toot certain plot, piece of parcel of land, with the buildings and improvements thereon erected, situate, lying and bei,.g in die Town of ~.~~appinger, County of Dutchess, and State of l~ 4 ,~ / ~ve'vr Y tiriC, t`iivre pa~'t[ciliariy deSCrl~d [n Schedule n annexed hereto and made a part hereof. 7`OGETHER with all right, title and interest, if aay, of the party of the first part in and to any streets and roads abuttin; the above described premises to the center lines thereof; TOCETIIER with the appurtenances and all the estate and rights o€ the party o€ the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted urtc the party of the second part, t`te heirs ar successors and assigns of the party of the second part fcrevsr. AND the party of the first part covenants that the party of the fast past has not done of suffered anything whereby the said premises have been encumbered izz any way ;vhatever, except as aforesaid. AND the party of the first part, incompliance with Section I3 of the Lien Law, covenants that [l;e pasty of the first part wits receive the consideration for this conveyance and will hold the right [o receive such consideration as a trust fund to be applied fusE for the purpose of paying the cost of the improvement and will apply the same first to the payment of tl-~e cost of the improvement before using any part of the total of ttte same for aay other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indeniure so requires. 1N T~ZTI~'ESS Ii%fIERE'OF, the party of the first par has duly executed thi deed the day and year first above written. IN pRESENeI o~: !t Schedule "A" ALA that cartatn plat, piece of land, witF~ the buildings and improvement thereon erected, situate, lying and 6eing in tha Taws csf Wappinrer, County of Lhstchsss ar~d Stata of I~ew Yank, baing rYearB particularly bounded and described as faliawrs: BEGINNING at a paint vn the sauther{y line of Circle ~rlve, said point being the northeast corner of the herein described parcel and the sou#heast corner the herein described parcel and the sat~theast corner of lands now or fomerly of Howard; panning thence along the said Glrcle br've South 3fi' 48' OQ" East 35 feat to a paint; running thence along lands na~n~ or formerly 5ehnetder South 41 ° 43` 5f7" lNest i;y7.4'f feet #a a pair-#; running thence along lands paw or farFneriy of the said Schneider South 36° 'E 9' 00" l=ast 1 Old feet tD a point; running thence afor;g lands paw or fam~arly StaransG South 63° 44' 00' blast 165.43 feet to a point; runnlrtg thence along lands nawr or fiormeriy of Pollock North 37° ad' 4fl" West 100 fee# trJ a point; running thence alQrtig lands na~w ar formerly of Mar#inet Nartiz 53° 41' QQ" East 165.66 feat to a point; running theme along Lands paw or fo.~rnerCy aP t#re said Ctidartlnet North 36° 'i S' 00" 11Ves#.67.60 feet to a paint; nrnn(ng thence along Lands paw ar formerly of the said Havrard l~torth 53" 41' 00' Eas# 154 feet to the paint ar pEace of tseglnnsng. SCIBJEGT to and Tt~GETHER wsth an ease+-Want and right of way In common Yvith others afonQ Eastar Raad to and from; the aId Chulsaa Road aiid a;ang Easter Road leading into Cir~!e Drive. ST~.TE OF NEW YORK, COU'I"I"Y OFDUTCHESS, ss.: C)n 1te 23hD day of December, 2Q05, before me, dtersonaii t l.na zt e rte c~p ri,~ed t ma on said State. persanaily appeared JAMES F. Bt75CIi, III, pe y - ti~e basis of satisfactory evidence to be the uiditi~idual whose name is subscribed tv The within instrt~meat and ackno~:~fedged to trte that Its executed the same in lus capacit}~, and that by lt:s si~aature cn tnz ir~.rumer.±, fire indi~.~idua!.orthr persoft upon hel:alf afw°lz.icl; the indiv' 1 acted. c:xecut~d the instntmert. Notary Public ~e,~ ~~~ R, fA~}ELLI :.4$-iQ209 Q'Jafsied irttDulehess ~,..^., [tECt3RI) A}VD IiETLFR.N BY hiAiL T4 : Camm~ssio~ Expires kpril 20, 26 ~ FREgERICK D. RO`4iIG, ESQ. S Barrister's Ro« Suits 1 Wappingers Falls. New Yard. t2~90 c, o„~o Alex Whitney [alxwhitney@yahoo.com] From: Sent: Tuesday, November 26, 2013 12:30 PM To: Sue Rose Subject: ZBA Meeting Ifr~ F _ ~i 1 f' Dear ZBA Members: As you are aware we have, for 9 years, be to unreaso~nab e andlunnecessary demlalndsrpla edron uls byrthe Buildingwas destroyed by fire in 2004, to no avail. Due Department we have incurred expenses of appr~cifications3 PlOease note that the' g adtng leffortuhas not been incl dyed in and grandfathered Easter Road to meet their sp the 530,000 listed above expenditures, and are under the understanding that we have no further outstanding issues wit them. It has been established that we (and all of the other residents of Easter Road) have legal access, including, EMS ac Brio via Leggerio's access road or right of way. This has been documented in the Leggerio and previous oandfathe ed but property deeds, dating back to 1946. escra tion'S vWe have arguednthis fact to the BuildingnDepartmentfnr 9 years. also legally based on "easement by p p This Due to lack of resolution, we came before Y ermit issuest At th s t meswe wou d like torrequest t at tlhe Town onsider effort has been stalled, due to unresolved p recognizing our legal access over the Leggerio's easeme~e haveoalready been provided one extens on from thebuildi ng effort and recuperation of 567,000 in insurance monies. insurance company and are unable to obtain another. Our deadline is currently April 30th, 2014 to spent the $67,00 i order to qualify for the reimbursement. rounc We have already suffered an unbearable loss and are we are'not gra~ ted'our perm~idt,' we are look ng at a 6 wee kw {dsw and building with the winter approaching. As it looks, if to rebuild, which I'm sure you realize is impossible. We will then have to forfeit our insurance monies, and consider complete loss. We look forward to meeting with you tonight, and obtaining final resolution, and the ability to obtain our building permit Wednesday morning. Sincerely, Aex Kellner Barbara Roberti To: Kellner, Aaron SIK Subject: RE: Update to 80 Easter Rd building permit rejection Dear Aaron, Due to the time constraints in regard to your building permit, I have extended the grading permit for the Campbell's grading permit pending the outcome of your variance. Should the ZBA approve your requested variance, f~llr. & Mrs. Campbell shall need to amend their grading permit to include the driveway. If it is denied, then at that point the Campbell's urill need to remove the driveway area that was placed on their property without am,; approva! frcm the to~,nm. V~Je are taping a wait and see stance on this at this time. I hope this clarifies your concerns, Sincerely, Barbara Roberti From: Kellner, Aaron SIK [mailto:akellner@SIKORSKY.COM] Sent: Monday, December 02, 2013 1.2:46 PM To: Barbara Robert~~~~ ~ ~ , ~ I Cc: Krystal K Campbell (kkrvyn@us.ibm.com); alxti~~hitneya~yahoo.com Subject: Update to 80 Easter Rd building permit rejection Dear Ms. Roberti; Please see the attached letter Thanks, Aaron The infcr_madon in dais sans;;1issior, is proprietar:~ and is mean*. to be read and used on!c by ['i.e intended Lecipie^.L It"you ha~.-e recei~cd dii: Lransrrssion i^ c-nor, please rreEi me n::^.cd_ae!v b [<_!ephore ore-mail a d do ete tl;c odgnal messa~'e 1:d al atrchnents. Any rc~ie:., use, disser~ias~oa, dis~~:bu:ion or cogin•~ of L`+_'s' cansr ua' br an ur~sterdcd rec+v+.c ,t ~ a:rc:]y proiub:ted, and mad be a ~. iola,ao. o~ la•.c subject to pena!r;. 't'hese documents, or an embcdimert of it in any med.a, d: c1oe; infr ~rnta- rt: ti~!•cc;- 1s pro ret ~: t'r.+ rtr;c riFC' ' t C'r r ccn d d L udo7r~ e re a dl~cr,t.-atluslc tohcd 1. ~1 mEr d ' cl rtl i rr ut ~ _ r ._ i . _.. 1..~_ __, i. ~ Cr` •r~,on l.._~.7;[ La .1:-.C!i _, _~.., a.7.. Ci ~., D II~h[ :s Qi a:',~U~ ip r_._C~C ~ ._ ~-': ~ 1..,G, ,,..LO C:) ,._ ..... _ ~~ d.~._~llr~P., ~:i ^~..~ L~ :cam. . ac. t~ c . a. - cn. ~,c 1 L. ._ r-a r s :4 it c..1 .,_~, crn~~na; pcnsin_,. December 2, 2013 Aaron Kellner 117 Duncaster Rd. Bloomfield CT 06002 Dear Ms. Roberti; I am writing to you since I have been hearing from Krystal Campbell that one of the requirements that was placed on my rejection letter for a building permit at 80 Easter Rd is inaccurate at this point. In the rejection letter of February 20, 2013 in section 1 you state the following: 1. "In order to utilize an easement over the Campbell property, a variance must be granted pursuant to NYS Town Law Section 280-a. as well as applicable Town Code provisions. NYS Town Law requires that before a Building Permit can be issued, the parcel must obtain access on an approved road and that the road providing access must be adequate to ensure safe passage to the structure, particularly for emergency service vehicles. Please refer to the accompanying email from the Chelsea Fire District to Town Fire Inspector Mark Liebermann. Prior to a variance application being considered, the outstanding issues regarding the Campbell property must be corrected. These items were discussed at a meeting at town hall on September 13, 2011. Those are: a. The area at the northwest end of the property that was approved as a stormwater detention area must be restored to the grades shown on the approved plan. b. The pond on the Campbell property is filling with sediment and road material from Easter Rd. between the Campbell property and the Kellner property. In the 2 workshop meeting in which the variance (as above) was discussed, you clearly stated the grading permits associated with these job requirements'must be closed'to proceed with the issuance of the building permit. To date, I have not received any update to this requirement as given in my rejection letter. Given that the Campbell easement is used for the access of record, the question is; is the closure of the Campbell grading permit required to proceed with the issuance the permit for 80 Easter Rd from your office? Please respond soonest to this question. If I don't hear from you on this matter by the 6`h of December, I shall assume that nothing has changed and closure is required. Sincerely, Aaron Kellner Barbara Roberti ~~.;Ji~;r' a~ ~'~~T ~ ~: ,__r To: Kellner, Aaron SIK Subject: RE: Update to 80 Easter Rd building permit rejection Yes. The Campbell's need to close out their grading permit as it technically expired. We are extending it only as a courtesy to you and the Campbell's at this point. From: Kellner, Aaron SIK [ma~Ito~akeliner~SIKORSKY.COM] Sent: Monday, December 02, 2013 1:21 PM To: Barbara Roberti Cc: Krysta! K Campbell (kkreyn~us.ibm.com); alxr~vhitnevCayahoo.com Subject: RE: Update to 80 Easter Rd building permit rejection Dear Barbara; Thanks you for your prompt response. You have made it dear with your response that the access ~>iay for heavy equipment that the Campbells have used for maintenance of their drainage pond doesn't suit the plan as originally outlined. However that vas not the question I asked. Nlith reference to the letter I just sent you, my question remains unanswered. Let me reiterate. Assuming that the Campbell drivev~ray is used as the access of record (the variance is approved) for my building permit request, is closure of the Campbel! grading permits necessary for issuance of my building permits? Thanks again for your time, Aaron Kellner ___ __ __ _. _- - - - . ____ ---. _ __- From: Barbara Roberti [mailto~BRobertiCa~townofwaopinaer.us Sent: Monday, December 02, 2013 1:06 PM To: Kellner, Aaron SIK Subject: [External] RE: Update to 80 Easter Rd building permit rejection Dear Aaron, Due to the time constraints in regard to your building permit, I have extended the grading permit for the Campbell's grading permit pending the outcome of your variance. Should the ZBA approve your requested variance, Mr. & PJlrs. Campbell shall need to amend their grading permit to include the driveway. If it is denied, then at that point the Campbell's wilt need to remove the driveway area that was placed on their properly without any approva! from the tow. n. We are taking a wait and see stance on this at this time. I hope this clarifies your concerns, Sincerely, Cc: Krystal K Campbell (kkreynnus ibm.com); ai~nrhitnevCwahoo.com Subject: Update to 80 Easter Rd building permit rejection Dear Ms. Roberti; Please see the attached letter Thanks, Aaron U ~ ~aa ~ a r ~, ~a .+ tr j ~ t-.,- n _ ~ ~ ~ t [ u t 'ar^. rL L` ~-,~ L. '.a -n a.j ~. t.. E U' a t ~.. J ~ Ot ~ t C., +-. __. r .. ...~ T F+. - r_ 1 2 .] E. ;( n Fhb 1 r 'C - i r r y el n ..i e aL a r^ ~.f 1` >C~ 1 ,~ . d c~ r.. c _ lii c ~ z!n 1 re ~ ~`~ ~ c ~ w ~ r 7 t - cna t. ' t ~ ., r 1av r r r t 1- r ~-1 ca'C ^ r dlct~ f ~ ~ hc..^.: ~ .~. tf e: C ~ ~ F . ^fl 1 C; ~ C. L U.. Eti ES CJf (. ^, t,:t_._ v. ~. Ci.,.-_ ~1. - .. t 1...... .. ..,... , .... ~ - - ~. ,!- .~n., act tr ola~~ n ~t a FLc ri '~,. ma. res 1= in r it and crl .n~1 ~~nalacs. I~- ~ I ~~ Barbara Roberti Graham Foster; Mark Liebermann; Robert J. Gray (rgray@morrisengineers.com) To: RIVERVIEW_12512@yahoo.com; AI Casella (AJC0419@netscape.net); Howard Prager Cc: tontine.net ;Peter Galotti; Robert A. Johnston; (tomd@hp.com); James (HPRAGER@op ) verizon.net: vantar58@aol.com Horan (JHORAN@VSRP.COM); JETOMP@ Subject: Kellner I Easter Road Dear Gentlemen: The Zoning Board of Appeals met on November 26`h, 2013 town a few peasoago and now the Kellnelrsrwantlto rebu Id. own property at the top of Easter Road. This house burnt do Y g prmit. The Kellners do not like The towns position is that they fiVathanbetlgom NYS Town Law 280ARwhereby theylacce s Circle Drive by a newly created that option and prefer to seek a driveway through 14 Circle Drive from Easter Road. The questions that have been raised are as follows: What address would they use if accessing Easter Road through a private driveway off of Circle Drive? How does Dutchess 911, Chelsea Fire District and Town of Wappinger Fire Prevention Bureau feel about this? What would the town expect the Kellners to fix should they get denied by the ZBA and have to fix the bridge? (if possible, the approximate cost to repair the bridge.) This decision would not only affect the Kellner property but 3 to 4 additional properties along Easter Road. Thank you for your prompt attention to this email and we look forward to your responses. Sincerely, Barbara Roberti Barbara 12o6erti Zoning Administrator Town of `Wappinger 20 ~tiddCe6usFi 12,oacf `Wappinger ~FaCCs, 9V`2' 12590 ~~~`~,ri ~'~ Barbara Roberti From: Robert Vantassel vantar58@yahoo.coml ~.;u ;; ~~, ;~.~ Sent: Saturd cember 07, 2 :26 AM ~ ~'-~~ ~~~~? To: B ara Roberti Subject: w: Fwd: Kellner/Easter Road Barbara, i am chief f CHELS ave a board meeting monday the 9th. i will discuss this with our commissioners and th you know what concerns we have. please send all future correspondence for Chelsea to me at vantar58~yahoo.com. this way things get to me far resolution. thanks bob On Friday, December 6, 2013 1:59 PM, Yvonne Tompkins <riverview 125i2(r~yahoo.cem> wrote: On Thursday, December 5, 2013 6:53 PM, Jim <ietomprverizon.net> wrote: Sent from my Verizon Wireless 4G LTE DROID -------- Original Message -------- Subject: Kellner /Easter Road From: Barbara Roberti <BRoberti c~i.townofwappinger.us> To: Graham Foster <afoster .toti^mofwappinger.us>,Mark Liebermann <MLiebermann~townofUraopinaer.us>,"Robert J. Gray (rgray(cr~morrisengineers.com)" <roray~a morrisengineers.com>,vantar58@aol.com CC: R1VER~JIEW 12512 cz.yahoo.com,"AI Casella (AJC0419(a~netscape.net)" <AJC0419(~netsca~e.net>,"Howard Prager (HPRAGER aC~,optonline.net)" <h~rager(a~optonline.net>,Peter Galotti <pgalotti rr.tollbrothersinc.com>,"Robert A. Johnston" <raicapCa.aol.com>," (tomd~h~.com)" <tomdCu~hp.com>,"James Horan (JHORAN(a,VSRP.COM)" <JHORAN(t~VSRP.COM>,JETOMP@verizon.net Dear Gentlemen: The Zoning Board of Appeals met on November 26th, 2013 to discuss a proposed variance for Mr. & Mrs. Kellner who own property at the top of Easter Road. This house burnt down a few years ago and now the Kellners want to rebuild. The towns position is that they fix the bridge and culvert on Easter Road or no building permit. The Kellners do not like that option and prefer to seek a variance from NYS Town Law 280A whereby they access Circle Drive by a newly created driveway through 14 Circle Drive from Easter Road. The questions that have been raised are as follows: What address would they use if accessing Easter Road through a private driveway off of Circle Drive? How does Dutchess 911, Chelsea Fire District and Town of Wappinger Fire Prevention Bureau feel about this? This decision would not only affect the Kellner property but 3 to 4 additional properties along Easter Road. Thank you for your prompt attention to this email and we look forward to your responses. Sincerely, Barbara Roberti Barbara Roberti Zoning Administrator Town of Wappinger 20 Middlebush Road Wappinger Falls, NY 12590 i~- Barbara Roberti _ _ From: Tompkins, James [jompkins@dutchessny.gov] Sent: Monday, December 09, 2013 5:35 PM To: Mark LiebeCasellaBHoward Prager; P t aGalottieRobert A. Johnstonatomd@hp com James Cc: Yvonne, A Horan; Tompkins, James Subject: RE: Kellner /Easter Road In regards to the following question ~,tihat address would they use if accessing Easter Road through a private driveway off of Circle Drive? The property is still located on Easter Rd therefore tt and do not alterdthe aadd ~ssEaster Rd. Any shortcuts or alternate means to get to the property are supply that James Tomp'.~ins Pro6ram Assistant Dutchess County Real Property Tax 22 Market St Poughkeepsie, NY 12601 (845} 486-6533 Jtomt~kinsnDutche ssny. aov From: Mark Liebermann [maiito MLiebermann cutownofwaooinger.us] Sent: Monday, December 09, 2013 8:38 AM To: Barbara Roberti; Graham Foster: AI CasellaGAJC0~19@net~caoennoet) ~HowardrP tiger (HPRAGERC~ootonline.net); Cc: RIVERVIEV~J 12512Cwahoo.com, ( Peter Galotti; Robert A. Johnston; (tomd hp.com); James Horan (JHOQANCaVS~)~ JRCMP;averizon.net Subject: RE: Kellner /Easter Road _ f Circle Drive is approved, and emergency calls areavrnodt be familiar ~Eth the CdC~ln~~ If the pri ~ ate drive off o First Responders to the area( E~'IS,Fire and Polo he Eater Rd esidena.m I Drive entry point. which cold delay a re..pon ~~Iark Liebermann Fire Inspector From: Barbara Roberti vantar58@aol.corr~ Sent: Thursday, December 05, 2013 6:37 PM ~pQq~ER(aootoniine.n2t); To: Graham Foster; Mark Liebermann; Robert J. Gray (raravnmorrisenaineers.com); _--- Cc: RIVERVIENI 12512 ahoo.com; AI Casella (~CJamesHorana(JHORAN VSRP.COM)r JEl"OMP~verizon.net Peter Galotti; Robert A. Johnston; (tomd~ ho.com), Subject: Kellner /Easter Road Dear Gentlemen: A eals met on November 26th, 2013 to discuss a pry a few years a f o and no v the The Zoning Board of pp Kellner who own property at the top of Easter Road. This house burnt do o rebuild. The towns position is that they fix the brideek av ariance f omaNYS Toavn Law 2g0A Kellners want t building permit. The Kellners do not like that option and pre er to s ircle Drive by a newly created driveway through 14 Circle Drive from Easter Road. whereby they access C The questions that have been raised are as follows: ld the use if accessing Easter Road through a private driveway off of Circle Drive? ~,~Ihat address wou Y Chelsea Fire District and Town of Wappinger Fire Prevention Bureau feel about this How does Dutchess 911, - ct the Kellners to fix should they get denied by the ZBA and have to fix the bridge` What would the town expe ( if possible, the approximate cost to repair the bridge.) t onl affect the Kellner property but 3 to 4 additional properties along Easter Road. This decision would no Y Barbara Roberti _ Mark Liebermann ~~`~~"~~ °~ `~'~~~~~~~ From: Sent: Monday, December 09, 2013 8:38 AM To: Barbara Roberti; Graham Foster; Robert J. Gray (rgray@morrisengineers.com); vantar58 @aol.com Cc: RIVERVIEW_12512@yahoo.com; A! Casella (AJC0419@netscape.net); Howard Prager (H ~ ~ Peter Galotti; Robert A. Johnston; (tomd@hp.com); James oran (JHORAN@VSRP. .); JETOMP@verizon.net Subject: RE: Kellner! Easter Road In regards to the Variance request, eel that the Bridge on Easter Road should be fixed and that bridge s'nould be caoable of supporting a fire apparatus in both weight, ~,rdidth and overhead obstructions. If the private drive off of Circle Drive is approved, and emergency calls are still dispatched as Easter Road, nev+r First Responders to the area( EN15,Fire and Police) may be confused and may not be familiar ~rrith the Circle Drive entry point, which cold delay a response to the Easter Rd residen*.s. Mark Liebermann Fire Inspector _ _ _. _ __ _._ From: Barbara Roberti Sent: Thursday, December O5, 2013 6:37 PM To: Graham Foster; Mark Liebermann; Robert J. Gray (r4rayCa~morrisenaineers.com); vantar58;aaol.com Cc: RIVERVIEW 12512@yahoa,com; AI Casella (AJC0419@netscape.net); Howard Prager (HPRAGERnontonline.net); Peter Galotti; Robert A. Johnston; (tomdCahu.com); James Horan (JHORAN~VSRP.COM); J~OMP@verizon.net Subject: Kellner /Easter Road Dear Gentlemen: The Zoning Board of Appeals met on November 26`h, 2013 to discuss a proposed variance for Mr. & Mrs. Kellner who own property at the top of Easter Road. This house burnt down a few years ago and now the Kellners want to rebuild. The towns position is that they fix the bridge and culvert on Easter Road or no building permit. The Kellners do not like that option and prefer to seek a variance from NYS Town Law 280A whereby they access Circle drive by a newly created driveway through 14 Circle Drive from Easter Road. The questions that have been raised are as follows: What address would they use if accessing Easter Road through a private driveway off of Circle Drive? How does Dutchess 911, Chelsea Fire District and Town of Wappinger Fire Prevention Bureau feel about this? What would the town expect the Kellners to fix should they get denied by the ZBA and have to fix the bridge? (if possible, the approximate cost to repair the bridge.) This decision would not only affect the Kellner property but 3 to 4 additional properties along Easter Road. Thank you for your prompt attention to this email and we look forward to your responses. Sincerely, Barbara Roberti 20 ~YtiddCe6usk 12,oad Z(lappinger ~FaCCs, Tl~' 12.590 Tel./Fax No. 84~-831-6: CI~[ELSEA FIRE ~ISTRI~~' P.O. BoY 128, Chelsea, New York 12512 Yvonne ~~1. TcrnG~{iris, Secr Lynne M. Sheppard, Treasurer December 12, 2013 - - Barbara Roberti, Zoning Administrator Tcwn of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Rt: EASTER P,OAD Dear Barbara: With regard to your email re: Easter road, the Chelsea Fire District stands by its last correspondence expressing that the access to the Kel!ner's property should be brought up to __ Town specs for safety reasons. ~;~Jhether it is an easement on Circle-Drive or_.Easter Rod _ __ itself, the access should be brought up to Town requirements and the bridge repaired. Safety of all concerned should be top priority. ~'Je believe you already received an ans~+rer regarding their address. It 4+.~ifl remain. tie same address they use no+n~. The bottom line is that the bridge and road needs to be brought up tc Town standards for sate access. Very truly yours, f 1 ~' ; ~ /~`~ : ~`E~~ // Christopher Kearns, Chairman Board of Commissioners C~iELSEA FIRE DISTRICT G~ ~, ~;, Jim Horan From: Sent: To: Subject: JournalPM: JournalPMSegNo: StipmlD: Dottie Purtill Wednesday, December 18, 2013 12:28 Pi`/I Jim Horan FW: Kellner /Easter Road J 2364 9d4525c5-6e7c-lle3-8b88-7071bclfdffl Albert P. Roberts Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 N/appingers Falls, Nevv York 12590 (845)298-2000 (845)298-2842 aroberts@srddlaw.com ~rrwvv.srddlaw.com be rivileged. If you are not the intende andcdestrc This e-mail message and any attachments are confidential and may p Qe to us at the listed email address us by telephone and return the original messaa please immediately noti e and any attachments. Thank you. the IRS we inform you that any U.S. all copies of this m..ssag osed by is not intended or written to be ma d et ngcor n RS Circular 230 Disclosure: To ensure compliance with requirements imp I an attachments) ' ~i romoting, advice contained in this communication (including enalties under the Internal Revenue Code or (~~) p be used, for the purpose of (i) avoiding p mmending to another party any transaction or matter addressed herein. ' reco ~ C ~ ~ ~ ~~~~~ ter townofwappinger.us] c n ~~~ Foster [mailto:gfos C~ ~'~ ~,(.~~ ~ i From: Graham _ i ~ `~ S~~'~; December 10, 2013 2:52 PM ` ~ J'L _ To: Barbara Roberti Cc: Bob Gray; AI Roberts Subject; RE: Kellner /Easter Road Barbara, e eriod! I have heard all kinds of ridiculous estimatE h of everybody's time. Fix the bridg p acit of the box culvert on River f have to do is ma~9"twh chps available in either galvanized c This thing has wasted enou9~ent on record that all thee would be 81" by i e w°~ repair the bridge. Bob Gray cost fc o. which is 5' by 6'. The equivalent to that in arch p p N Ivanized is ~125.OOIft and the aluminand an end0se0Ctlon. That means an e If tP ~~.. ,.,,~+ ~~ as follows ga _~ ,,,,,.h a~ two bands _~_„ ;„ +hP X90.000 r g contractor would need some aggregate but I would think $10,000 to $15000 would be more realistic. Bob Gray can give you a more accurate figure. I estimate the applicant has spent more than this on consultants and still has nothing. Fix the bridge and move on. Graham Foster -----Original Message----- From: Barbara Roberti Sent: Thursday, December 05, 2013 6:37 PM r„nrri~enaineers.com); vantar58Ca~aol.com To: Graham Foster; Mark Liebermann; Robert J. Gray (raravCa Cc: RIVERVIEW 12512C~yahoo.com; AI Casella (AJC0419Ca~netscape.net); Howard Prager (HPRAGER optonline.net); Peter Galotti; Robert A. Johnston; (tomdC~hp.com); James Horan (JHORANCa~VSRP.COM); JETOMP verizon.net Subject: Kellner /Easter Road Dear Gentlemen: The Zoning Board of Appeals met on November 26`h, 2013 to discuss a proposed variance for Mr. & Mrs. Kellner who own property at the top of Easter Road. This house burnt down a few years ago and now the Kellners want to rebuild. The towns position is that they fix the bridge and culvert on Easter Road or no building permit. The Kellners do not like that option and prefer to seek a variance from NYS Town Law 280A whereby they access Circle Drive by a newly created driveway through 14 Circle Drive from Easter Road. The questions that have been raised are as follows: What address would they use if accessing Easter Road through a private driveway off of Circle Drive? How does Dutchess 911, Chelsea Fire District and Town of Wappinger Fire Prevention Bureau feel about this? What would the town expect the Kellners to fix should they get denied by the ZBA and have to fix the bridge? if possible, the approximate cost to repair the bridge.) This decision would not only affect the Kellner property but 3 to 4 additional properties along Easter Road. Thank you for your prompt attention to this email and we look forward to your responses. Sincerely, Barbara Roberti Barbara 12,o6erti Zoning Aclministra for 7ozvn of Zappinger 20 ~icfdCe6us( 12,oacC 'Wappinger ~'aCCs, N`Y 12590 REC~IVEG Barbara Roberti =~ '~ ~ `' ='°' From: Kellner, Aaron SIK[akellner@SIKORSKY.COM] ~oraTN~aorurus~PaTCR Wednesday, January 22, 2014 8:51 AM -ro~~^ird or ~~~~°Pir~os~ Sent: To: Barbara Roberti Subject: URGENT! Variance Proceedings and Building Permit Request Importance: High Ms. Roberti; As you know eve have noU1 been delayed by 3 months as a resulPlOe °e be avvare thatt ho ~hastser~ously jeopardizedb Ic notice regarding an issuance of a variance from your department my ability to claim my $70,000 in insurance reimbursement monies [ 0041due to3lack of4a bud ngrpermht. phave'la f or rebuilding my house at 80 Easter Road that was destroyed by fire in 2 questions I need clarifiication on ASAP. 1) You indicated to me that letters of intent (request for variance) where mailed to the abutting neighbors. W en were those letters dated and pasted? 2) In addition to notifying the abutting neighbors, I was under the understanding that a public noticed needed to be posted in the newspaper. 1} Is this an accurate assumption? 2) If so, has the newspaper public notice been submitted to the newspaper? 3) And what is the newspaper published date for the public notice announ~ or to being placed on the ZBA 4) Does the public notice have to be listed in the newspaper for 30 days p rneeting docket? 5) And if so, at what date will the ZBA public hearing for my application be held? As of now, I understand that there are twa additional conditions outstanding that are dependent on the granting of my building permit and they are: 1} The issuance of the variance 2) The closing of the Campbell's grading permits Ian description/variance application that more 3} Technical wording or verbiage changes on the engineering p accurately depicts the intended purpose or of the easement. I have t~vo questions relative to this and they are: 1) What exactly is required of the Campbell's to close their permits? Z} Once the verbiage is revised to your satisfaction, is there any other body or group that needs to be consulted or is this simply a clerical revision on the part of the engineer? Also, at this time, are there any other factors/ variables/regulations abild't to be g~andtled such permit?r As youecanor ca foresee, that need to be addressed or might potentially impede y Y imagine, we are trying to anticipate any further delays or mishaps. Iflt~ere are no others hurdles to leap, what kind of turnaround time are we looking at in terms of you granting the perm t. It is imperative that we receive a timely and thorough respoa t f~ have to sady/that this hascbeen ten years of the most mitigate any further financial and emotional stress on ou h use once on the day of the fire. The thought of losing it horrific and unsatisfying experiences of my life. I lost my twice due to lack of due diligence, common sense and pure and simple common decency is unbearable and unthinkable. Your effort is so greatly appreciated. A~rnn KPiil'1Pr ~~~ yl~a ,~ ,~,,~ ; ~~21~~~ ~'~~ ' ~~" To~Nn of Wappinger, NY ,;;,;`."`°V ~~_;~,''~~ Friday, January 24, 2014 ) i v.~~ti C.r Chapter 240. ZONING icle V. Regulations Applicable to All Districts Art § 240-20. Access and required street f4 28 2003 by L.L. No. 6-2003] ishment of [Amended 9-24-2001 by L.L. No. 5-2001; e re uired. No building permit shall be issued for the evinblaccess to A. Minimum frontag q structure unless the street or highway g g any use or construction of any roved to Town road standards or a bond said use or structure has been suitably ~movisions of § 280-a, Subdivisions 1 and 2, of posted therefor, in accordance with the p for the purposes of this subsection, "accesSaid stlreet or tha the Town Law. Further, ro osed has frontage on olice the lot on which said use or structress apd egress of fire trucks, ambulances, p sufficient to allow the ing rovisions of § 280-a, highway cars and other emergency vehicles, in a frontda e shall be atpleast 50 feet in length, end Subdivision 5, of the Town Law. Said lot 9 t that th I access to said use or structure shall be over s ei and crags ~accesp the actua Planning Board may permit or require common driveway easements subject to the following findings and conditions: [Amended 1-24-2005 by L.L. No. 2-2005] nstrated t'nat each single-family residential lot is capable of (1) It shall be demo independent access over its own frontage. ' wa s and/or access over an adjacent lot or I nce aarle melnt a (2) All common drive Y Ian and maintena g common driveway easement, construction p and filed with the Dutchess approved by the Planning Board and the Town Attorney County Clerk's office. tans shall include a notation (3) All relevant subdivision plats and site development p Ian and ncin the required common driveway easement, construction p refere g maintenance agreement. easement and/or a common (4) The Planning Board must find thae of the fotldow ngay driveway will result in one or mar (a) A reduction in the nu abon off unbecessary land disturbance; _ nd roads to (b) Avoidance or mmimiz 'nimization of the need for the construction of new, short dea e (c) Mi serve single-family residential lots; aintenance or improvement of the environm 2n traffi~munity (d) Protection, m edestr ,,harar'tPr. or safety or operation of vehicular and p rinci les and ~~_.. ,.+„+omont of aolicies; p p of more than three lots shall be served by a single common driveway. (5} N rivewa s shalt, at a minimum, meet the construct~o~u~e~ a a e l end of (6) All common d Y Attachment 7:1 of this chapter. Editor's Note: Attachment 7:1 is this chapter. Clerk s ro ert owner shall be required to record in the ~ table to theuPlanning Board (7) Thep p Y office a declaration of covenants and restrictions ac p eration of the to the Town governing the use, maintenance and op and the Attorney as the wa s. The declaration of covenants and restricni~ for as Ilongntain, a common drive Y ose a permanent easeme a minimum, provisions that will imp rovide for standards of common driveway is used by two or more lots, p rovide for the prompt construction and maintenance of thmo odriveway, p oxide for the continued sts removal of obstructions of the com as well as the share of the co maintenance and upkeep of the common driveway d rovisions for the enforcement of the deciarat~o ement proceedings. thereof, an p successful enfo recovery of legal fees associated with any eclaration of covenants and restrictions shall b the Attorney to the (8) The proposed d both the Planning Board and Planning Board and approved by Board's resolution of final Town prior to or simultaneously with the Planningroval is required, prior to the subdivision plat approval or, if no subdivision app in er Highway Superintendent. issuance of a driveway permit by the Town of Wapp g on driveway is proposed in connection with ne halitbe reco ded If the comm subdivision, the declaration of coves bdi aslon plat i othe Dutchess County Clerk's simultaneously with the filing of the office. means of a strip nd radial lots. A lot may derive its street frontage and access by B. Flag a eet and the main portion of the lot, provided that no portion of of land connecting the str he lot between the d frontage strip of land shall be less than 50 feline of t The front yar said access an setback of such a flag lot shall be measured aroln the case of a lot with radial or angled flag lot and the street on which it has frontag om which the lot front and setback shall be established where treet frmeets the side lot lines, the Y arallei to the s minimum lot width requirement when measured p derives access. O 1 / 2 5 / ~ 014 SAT 17:4 6 FAX _ _ _._. __ ._. _._.: i~aol/oal ;~~ TROOP ``K" -SP WA-PPINGER 18 itiTiddlebush Rd. ~yappi~lgers FaIIs,•1V'Y 12590 - FACSI1bIILE T'RANSNIISSION COVER PAGE . ' PraudIy ServinS Since 1917 Number of Page§: . (Including Cover). ~ .. fi0: ~ 5~E 2asE ~~~~~~~ Fax Number: ~~~>> a~~ - . ~I! D("1G DEP;;RT~~iFPt i TO~r!(V OF W,4PP(NGcR F'ROIS:jc,7's c ' ~ a u=Y Fa~Numbert (845) 298-1961 _ Direct Nu»ber: (845) 248-0}52 ~ . Emergency l~'umber: - (84~} 677-7300 (Z4 hours) - __ _ _ _ -__ __- NC7: ~ ('FiC, ~A1~ rbcL GAS~~R.R'~. k2 INC P,AS( ~ C~EV?EW~~ ~u. rVYS~' Co~nPcAZ~r!5 6t - ~ -~c~E -', r secs ~ tiz~ l C k/E•v't ov i A ro ra(. B~ .~ /. ~. ~ Cam' Dw~Y ~-lc'E V.- , L-{- -`(CABS . A~~, I Fins _:~ ?Mir , ~~~h~~2"5. ~ ~~7 . Cc,_a~E S ~c2e AR.E ~,t~ ~eCflIZc~S O~ A~`t ~. {. c v~ ~~~ U,bv~c~ ~ °~ - S~ Iz~u.G ~A.u-S. _ ~ - Lt-" 1F !SRC i5 ~a`t ~F{~vG IiLSc: .y Cj;n/ (.,R:( The Information contained in this facslmde message as privilege :anDd, fhe ~P ~ r o f. his mes age l - ~ intended only fortize use: of.the individual or~entity named abovecQ~~nafinn. distribution, or. January 27, 2014 Mr. Kellner: This email is in response to yours of January 22, 2014. The delay in publishing notice of the public hearing resulted in a delay of one meeting, that is two weeks, not three months as you assert. The public hearing requirement for the Zoning Board of Appeals is found at Section 240-107 (C)(4} of the Town and states: Public hearings. The Board of Appeals shall fix a reasonable time for the hearing of the appeal, variance or other matters referred to it and shall give public notice thereof in the official paper of notice of such hearing at least five days prior to the date thereof, and the Board shall, at least five days before such hearing, mail notices thereof or cause such notices to be mailed by the applicant to owners of property within such areas as the Board may prescribe. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant or appellant, as the case may be. In all instances, notices must be mailed to all adjacent and abutting property owners. Any parcel separated from the subject parcel by a street or other public or private roadway shall be deemed adjacent and abutting. The Secretary to the Zoning Board of Appeals provided the notices for mailing and the notice for publication to your attorney Jon Adams. Please confirm with your attorney that the mailings and notices were properly made. I am aware that the Notice of the Public Hearing has appeared in the Southern Dutchess News. Proof of publication and proof of mailing must be presented prior to the opening of the public hearing. The public hearing is on the agenda for January 28, 2014 provided that the notices were properly made, the public hearing will be opened on that date. You have inquired as to what further steps are necessary for the issuance of a building permit should the variance be granted by the ZBA. Attached please find the February 20, 2013 letter of Robert Gray, Engineer to the Town which sets forth the requirements with respect to the Campbell property as well as the access driveway. In accordance with Mr. Gray's letter, as well as the plans prepared by Paggi, Marin & Del Bene, LLP that you have submitted, the entire access from Circle Drive to Lot 9 will have to be graded and paved as required by 214-66 of the Town of Wappinger Code since the grade is in excess of 6%. Section 240-20(A) of the Town of Wappinger Zoning Code requires this be done prior to the issuance of a building permit. In the alternative a performance bond for the construction ~n~ navina of the driveway may be posted as allowed by section 240-20(A). In addition, the Building Department cannot issue any building permit until construction pna er for the building and the other information required by Section 85-5 of the Town of Wapp g Code has been submitted for approval. The plans and specifications shall demonstrate compliance with the NYS Uniform Code. No building permiTowldate'no p ans haveebelens have been reviewed and approved by the Building Department. submitted. Sincerely, Barbara Roberti Zoning Administrator Cc: Jon H. Adams J. Horan A. Roberts R. Gray M. liebermann 5. Morello S. Dao ZBA Members Barbara Roberti From: Kellner, Aaron SIK [akellner@SIKORSKY.COM] Sent: Monday, January 27, 2014 3:52 PM To: Barbara Roberti; Jon Adams Cc: AL ROBERTS (AROBERTS@VSRP.COM); AI Casella (AJC0419@netscape.net); Howard Prager (HPRAGER@optonline.net); James Horan (JHORAN@VSRP.COM); Peter Galotti; Robert J. Gray (rgray@morrisengineers.com); Robert A. Johnston; Mark Liebermann; Susan Dao; Sal Morello; Sue Rose Subject: Paving first Goad afternoon Ms. Roberti; Thank you for responding to my mailed request for procedural information concerning my request for a building permit. The letter you sent covers many details concerning our request including language that we haven't heard before. I refer to your statement that the nC~r~ access to Easter Rd and Easter Rd itself, must be paved before construction is permitted. If this is ~nrhat your letter states, it poses some practical problems. Typically heavy construction equipment must traverse the access way to a construction site in orderieos will cause sign fican2damage to t el propos dh oadwayks mass in the 40 ton size category and after repeated deli surface. That is why typicaliy paving is accomplished following house construction. Are you sure this is what you are calling for? On another procedural point, I note that the minutes for the meetings covering our appeal haven be the onlolminuteo your town website. Those dates would be October 8th and November 26 of 2013. They app..a~ t Y sets missing besides the meetings that were cancelled. Do you have any idea when they wrill be published? Thank you, Aaron Kellner __~.... __ _ _- From: Barbara Roberti [mailto BRobertiCc~to~rrnofwaooinaer.us] Sent: Monday, January 27, 2014 2:06 PM To: Kellner, Aaron SIK; Jon Adams Cc: AL ROBERTS (AROBERTS~VSRP.COM); AI Casella (A7C0419 anetscaQe.net); Howard Prager (HPRAGER@optonline.net); James Horan (JHORAN aVSRP.COi'!1); Peter Galotti; Robert J. Gray (raravC~mnrrisenaineers.com); Robert A. Johnston; Mark Liebermann; Susan Dao; Sal Morello; Sue Rose Subject: [External] Bardara 12,o6erti ZoningAdministrator Town of'Wappinger 20 ~YfidcfCedus( r1~oad ZUappinger ~Faf(s, T~2' 12590 ~\ N r,rn..~s/I.YA1e. G. ~T~ / 1 N W W N 1 m 0 O W W N i a 5 A s =i l `c a M T// 2R:a_ ~~ / '~ `~ / , In i~ / S / 3 .,, 3 4 N~ n ~ / ~ SS A ~ ~ i w 3 ~ Y / ~ ~ L Z t ~ ~ ~ i y ~ i / __ y e y / ~~ n j i L• N! ~~ / ? ss '' !~ / A / _r / ~y.~ ~~~ ~ ~ ~` ~ ~s. V .. o CY°3 ^a ,ai, n,4 3h~4 ~~=e~ ~ Zan,„ ;j: •, 'a ~ j i 0 e ~ 4; ~S :v~e~3 C~=+~? : :,- :i :; r' ,. ~ _~ z '~ I + ! _i _ ~ ~, ~~ ~ ~~ ~ z s .A -r ^Z ~v n ~~-~~ C, ORBALLY ARTLAND ~~r LEYEA LLP CHARLES) COROA LLY (1966) JOHN ). GARTLAND. JR. (2003) P.LLAN c. RAPP LEYEP. (2010) MICHAEL G. GARTLAND VINCENT L- DEBIASE PAUL O. SULLI'd AN Tatra Fti W ILL!AYI F. BOGLE, )R. R ENA MUCKENHOUPT O'CON NOR P.LLAN B. RAPP LEYEA (also C'n PATRICK T. GARTLAND LEAN J. BALASSONE KAREN E. HACET ROM WILLIAM W. FRAME K RtSTEN L. CINQUE Of Counsel RICHARD V. COAa ALLY JON HOLDEN ADAMS A HERITAGE OF LEGAL COUNSEL =;NC~ io BP.RDAVON BUILDING }j ;.{ARKET STREET ROUGY.KEEPSIE, NY 12601-3285 845-454.1110 TBt•845.454-4857 EAx E~\1 AIL: infoC c,rlaw.com W'7/W.CG RLAW.COM January 28, 2014 Adminisu'alcr CARCL ANN NEVI! L'e Regicnal O~ces JO FRCVI STREET PO 6Gx 679 vIILLB ROOK, NY 12745 ga5.677-jj39 TEL 34j~677~6297 FAx 6369 b1lLL STREET R.HINE9ECK, NY 12172 g?5376-4091 TEL gaj-g76~7192 FAX BY APPOiNTM ENT: Br FETEREauae,Fl JJ7e7 r7~v~=~~~j Fly Hon Howard Prager, Chairman Town of Wappinger Zoning Board of Appeals 40 Middlebush Road Wappingers Falls, NY Re: Application of Kellner and Campbell Dear Chariman Prager: ~4 ~~;! ~ ~ ~, ,'0^I?NG ADI~;APFI RAEgR TpN1N 0~ The following is submitted to supplement the prior submissions made on behalf of the applicants: To the extent the area variance standards of Town Law § 267-b are applicable, the following is submitted: Will the granting of the variance result in an undesirable change in character of neighborhood or detrimental to near by properties? The granting of the variance will have no detrimental impact as it will permit a means of access to Circle Drive that is am b llllotss those most of the homes on Easter Drive west of the C p homes using private ways to access Circle Drive rather then using Easter Drive for its full length as a means of access to River Road. Access from Circle Drive reduces the travel length from in excess of 1500 feet to several hundred feet to 500 feet. ORBALLY ARTLAND ~v LEYEA LLP Morover, the granting of the variance will afford an access to Easter Road that will afford superior access to emergency responders wishing to access other lots along Easter Road that is more passable than the River Road access. The travel route is greatly diminished. Can the benefit sought by the applicant be obta~ned by some feasible method consistent with the objectives of the applicants. Many factors precluding a feasible alternative. First, the cost of improvements to the culvert to restore access from River Road is in excess of $50,000 without factoring in additional improvements. Second: Assuming arguendo that t exists as thee 1400 fe t as feasible, no maintenance agreemen contrasted to the 500 feet that for the lots of the applicant, for which a maintenance agreement exists. Third: The cost of maintenance of a road of a0 roximat ly 500 greatly exceeds the proposed access road pp feet. This cost must be considered over the indefinite life of the road rather than on a one time basis. Fourth. The applicant has previously submitted information raising an issue as to whether they have a legal right to use the western portion of Easter Road; if a clear right does not exist it would be imprudent to make any substantial capital investment. Fifth: If the applicants had to assume the maintain of the entire length of Easter Road and otWant d r liab litylt issues are means exists to limit use) un invited by other users of the road. Sixth: It is inequitable to impose the cos~slOe at leastRfo u Improvements on one or two lot owner others west of the applicants would obtain the same benefit. This is tantamount to asking a few to maintain what would otherwise be tantamount to a public road ORBALLY ARTLAND ~tiT LEYEA I.,I,P Is the requested variance substantial? This standard has no application to a variance under Town Law 280-a as it is normally applicable to deviations from dimensional standards, e.g. size of lot, width of lot, building coverage, etc. Howeve~hes ooutlosed access road preceding portion of this letter, p P is considerably shorter. Will granting of variance have adverse impact on the physical or environmengtal condidtons of neighborhood . No adverse impact will result as granting the variance Does not affect the physical or environm small numlberns of other properties. ItCiacle Driveebut the traffic associated the car movements on with four additional homes will not unfavorably impact a street given the limited number of movements. Self created. Given the historical circumstances with thethe Board should lots along Easter Road as well as forgoing, waive the application of this standard. I will review the foregoing at the hearir. C ORB ALLY, GAR ? A, LLP ~i:_ ~CI'JCL~ Application of Kellner/Cambell "; J ~. Attorney-Client Privileged Attorney Work Product ~ ., , , -o~nr^' o= av~,=rrn;~Ep NOT SUBJECT TO FOIL OR DISCOVERY Easter Road is shown on Filed Map 2332 which was filed 7/31/1951. Lot 9 on that map is shown by P. Kellner. It the most56 01-32666gn the map. That lot is now owned by Aaron Kellner. The lot is designated as Tax Parcel 60 On June 29, 2004, a fire burned the house on the lot. The Town fire inspector and building inspector determined that the structure was unsafe and was in danger of collapse. Mr. Kellner was transported to St. Francis Hospital on the day of the fire. According to thune 29 2 04, by Resolpt ono 2004-226ntheold him that he did not have insurance on the property. On J , Town Board adopted an emergency resolution authorizing the dangerous structure to be removed at a cost of $1,600. The resolution notes "it is reported that Mr. Kellner has no fire insurance on the structure that was destroyed." The Town removed the unsafe structure and billed Mr. Kellner for its removal. Lot 8 on Filed Map 2332 is shown as owned by W. Wilson. (294696) At present, that lot is also owned by A. Kellner. A dilapidated-0.a~e~~~s~~~s I ~rt~C~ ~e lot. In 2011, Kellner began discussion regarding rebuilding the house on lot 9. NY Town Law § 280-a(1) requires that in order for a b aiidrrng por plan ofbthe Townt The Towoofighway giving access to the proposed structure is on the offic p Wappinger does not maintain an "Official Map." Where there is no official map, the building permit can be issued if the street or highway is: (a) an existing state, county or town highway, or (b) a street shown upon a plat approved by the planning board, or (c) a street on a plat duly filed and recorded the e anlt to such board of the powerltoeapproveo the appointment of such planning board a g plats. Easter Road is a private road, it is not a state, count ~ filed andre or ded~n thencoounty clerk a plat approved by the Planning Board. It is shown on a p (Technically, Filed Map 2332 may not be a "plat" since it did not create the lots shown on it. The Kellner lot was created prior to the filing of the Plat and the description of the lot does not reference the map. Since prior building permits were issued, it will be assumed that FM 2332 is a plat.) The second prong is that the "street or highway shall have beeboardabl accordan e with standards) andf the town board or planning board, if empowered by the town specifications approved by the town board, as adequatrticularpt eetoor highwlayhealth, safety and rtonArai ~nralfare for the special circumstances of the pa resent is not suitabl improved so the building permit was deniedlba ~ bhat Y In this case, Easter Road at p Gra 's letter of February 20, 2013. That letter indicated that the bridge°°er dra n'age t o rep Y rutted and does not have p p the upper portion of Easter Road is steep, roved to Town road standards in er 7own Code 240-20(A) requires that the access be "suitably imp Wapp g nd osted therefor, in accordance with the provisions o~ §r280e roadslo'nly Town Highway e Towb Lawp' The Town of Wappinger has no road standards fo p Standards and Driveway Standards. ro ert han re air the bridge on Lot 1, Kellner has requested a variance to obtain access to the p p Y Rather t p over the lands of Campbell out to Circle Drive. Application is being made pursuant to NY Town Law § 280-a(3): licant for such a permit may appeal from the decision °eals orotherssimilar 3. The app ~ ermits to the board of app officer having charge of the issue of p the power to make variances board, in any town which has established a board having or exceptions in zoning regulations for: (a) an exception if the circumstances of the case do not require the structure to osed streets or highways, and/or be related to existing or prop seven-b of this (b) an area variance pursuant to section two hundred sixty- eals and to chapter, and the same provisions are hereby applied to such app eats on zoning regulations. such board as are provided in cases of app reasonable exception and issue The board may in passing on such appeal make any the ermit subject to conditions that will rotect an uture street or hi hwa la oecial p certiorari order issued out of a sp Any such decision shall be subject to review by ursuant to the same provisions as term of the supreme court in the same manner and p re ulations. in appeals from the decisions of such board upon zoning g arcels (from Circle Drive) Campbell 25970, The map supplied indicates that the accebsel 25g729s Campbell 276713, Kellner 294696, Kellner 326668. Leggiero 239747, Subrize 248739, Camp (Please note that Lot 6 on FM 2332 was subdivided into 3 lots)• a I rather than Town Highway Bob Gray has indicated that the Driveway specifications should pp Y Standards. But common driveway standards only allows for 3 lots, not 7. Questions What efforts have been made to contact other owners to improve Easter Road? What are the plans for Lot 8? If variance is limited only to Lot 9 will it be built? What happens if width is raised to 18 feet paved as required by code? r ~~ ~. OI~BAIJLY ARTLAN~ ~~N I.,EY~A LLP Administrator CHAnLE; ). CoQEAUY (t955) A HERITAGE OF LEGAL COU VSEL CAaoL .ANN ~=`r,LLE )UHN ]. GARTLAND. i0.. (2303) ~..-^""'~......, '~~\. ALLAN E. aAa~t.EYEA. (2e1c1 C J I r,~ C ~, ? .FS / i:•~; Re;onafOlj%ces ~1'CH AEL G. CART LAND 30 FRONT STp.`ET V iN CENT L. DEgIASE PO EOX 619 ~„F~ EA?DAVCF E0:!c:>ic p,-Lii_ n. C[!i,r Ivant ia~_. J M!LL9 ROOK, NY 12545 35 h{,nRKET STREET WILLIAM F. EOGLE, JR. &4567%-5539 TEL POU GHKEEp;I E, NY 12501-3285 REFA '.LUCK EN HOUpT C'CCNNOfl 345-57%6'97 FA:< ;. ,4-i i iu TEL • 845.4544857 FAx ?. LLA*! E. 0.AppLEYEA Ca2so G77 $~}_ 4" PAT0.ICK 1. GAATLAND E-bIA1L in fo~cgrlaw.com LEAH ). EALA;; ON2 6369 MIL! ST0.EET W".C/W.CGRLAW.COM RF:INEBEC K, NY 12512 KAFEN E. HAJ;7RCM WILLIAM W. FRAM° Qp 1 e45~876~4391 TEL KRi;TEN L. CINQUE Januaiy 20, 201 345~316~7192 FAX Of COU>l.SPI gy APPOIN TM'cNT~. RICHARD V. CCB-RALLY ST. PETERSBURG FL 33 707 JON HOLDeN ADAMS Hon. Howard Prager, Chairman Town of Wappinger Zoning Board of Appeals ~scr~l~'EL ~0 Middlebush Road ;,, ~; ~; Wappingers Falls, NY '- ' 7 JI\~ 1rJh A,ul`1I(`J?STkATOrr.-, plf/,4'I OF b~/APPIfV,;G,q Re: Application of Kellner and Campbell Dear Chairmar_ Prager: r -~ BECa~ase iiie loi~u~ving continents of Krystai se c pmments:`e~ pertinent, my earlier letter of today is supplemented by tho We need to point out that the letter from the fire department discussed the steepness and icy conditions of the road and mentioned the bridge as an after thought. Easter Road comes off of River Road at a very steep incline. The et another very steep incline. bridge is at the top of that hill followed by y Easter Road itself is as much a problem as the bridge. We are offering a nc ver~icles. The only steep area relatively level means of access for emerge y would be toward Aaron's property at the end of the ro~W b n the bridge and as steep as the area just above the bridge a ~ th t be River Road. The access across our property woul~ be paved and maintained unlike that below. Very truly ,ours, CORBALLY, GARTLAND RApPLEYEA, LLP .,--~ ~. ~~ Jon Hold n ~~ January 28, 2014 Mr. Kellner: This is in response to your email of late yesterday afternoon. I'm somewhat surprised at your statement that you haven't heard many of these details before. You and your wife have been repeatedly advised of the town requirements. When you appeared at town hall with your prior attorney, Richard Cantor, our Highway Superintendent, Graham Foster advised you in detail of the town paving requirements. This was followed up by a letter dated February 20, 2013 from the town's engineer Robert Gray. Pursuant to town code requirements a base coat of asphalt is required to be installed prior to the issuance of a building permit, plus a Performance Bond issued by a Surety Company or a Letter of Credit issued by a bank posted to guarantee to the town that the road/driveway will be constructed to the town's specifications. This is the procedure mandated by NYS Town Law, the Town of Wappinger Zoning Code 240-20 and Town Highway Standards. Moreover, your engineering firm previously represented the town and your attorney was a prior town attorney. Both of your professionals are fully conversant with the town requirements and it is their obligation to guide you if you do not understand any of the town's regulations NYS Town Law. I have attached the ZBA minutes from October 8, 2013. 1~ECENECI Sincerely, Barbara Roberti Zoning Administrator Cc: Jon H. Adams ZONING AD"?INi-~~.T^~= Frnact M~rtlrl J. Horan A. Roberts ZBA Members `"~ c~ ~;~F~FjVi=~~: rm~ , ,t _ - February 9, 2014 ;o^di~~iGAD~1i1i5~=.~Tc 117 Duncaster RoadTO~wr~, o= wa.P~Ir~s~~=~~ Bloomfield, CT 06002 ZBA Committee Members Building and Zoning Department Members Town of Wappinger Falls, NY REG: Variance Appeal No. 13-7504 Dear ZBA Committee Members, et al: For the record, we would like to take this opportunity to expound on some very relevant facts and details that were over looked and/or omitted in the ZBA meeting discussions of Jan 14, 2014. Please note that on the 3-26-2013 Building Department meeting we had agreed to the terms outlined in letter Kellner Easter Road Plot Plan Rejection Letter of 2-2-13 (refer to attachment). Note that the letter specifies that we were given two alternatives: 1) re-grade the slope and add some fill OR 2) replace the bridge/culvert. We chose option #1, even though we had no obligation to concede to "driveway" standard ordinances, because as stated previously, and numerous times over, Easter Road is a grandfathered private road and not a driveway. We have no choice, but to view the building departments request to the ZBA committee to "investigate" the alternative of constructing the bridge/culvert at this meeting (1-26-14) to be off topic. We suggest that if the town wants to continue to pursue this tack that they consider undertaking discussions to making Easter Road public in the appropriate forum, but we do not feel that this is the appropriate time to bring this matter to the forefront. Mr. Poster's recommendations to pave and repair the bridge appear to be in that direction. Again, the town has no jurisdiction in imposing or applying driveway standards or public road standards to a private grandfathered road. We have already made more than a "good faith" effort, to the extent of experiencing substantial financial hardship, to agree to the recommended improvements to Easter Road as requested by the town. More importantly, the town needs to take into consideration the hydrological impact the proposed Chelsea Farms development will have on the stream and resultant impact those changes will have on any bridge design and specifications at this point. We have photographs of water run off that clearly illustrate that the water level, at times, during heavy storms, rises up to the level of the bottom of the bridge. It would be extremely premature and absolutely fruitless to construct a new bridge/culvert at this juncture when the hydrologic impact of Chelsea Farms has yet to be determined. Other points that require review include the issue made by Mr. Foster regarding the easement and the Campbell's deed. It should be noted that the deed clearly states that the easement rights are to be recognized in perpetuity. In reference to the item #2, per the Kellner Easter Road Plot Plan Rejection Letter of 2-2-13, Mr. Gray, Town Engineer, along with our engineer Ernie Martin, and later, our excavator, Stony Kill Contracting, all agreed in a meeting previous to 3-26-13 meeting, that the submission of a "paving plan" would be sufficient in meeting the town's requirements in terms of granting us a .. .. _.. ______, .~..; r.,,,~.,.. +ho rnar~ ~n~nii~rl hP required prior to issuance of or driveway be paved prior to building a building permit. It is also irregular that a road way struction because the paved road could sustain dam tge •a It cationrof mi ~ngstand oglwould con and us at the 3-26-13 building depar~We neverlagreed to lay hardtop paving materials on the be the better alternative to paving. road" and retains the character of the rural road. It maintains the ambience of a "country merit. Also note that our "driveway" technically begins at the east dead end of Easter environ er{ to our doorstep and/or garage. Road and proceeds across our prop Y it should be noted that the issuance of a variance is not contingent on the closure of In addition the Campbell grading permits. ummation, the only issue before the ZBA committeeas's 50 feet and we dornotameet that In s easement on Circle Drive. The allowed fronbell-Kelglneeroad. The current frontage on Circle frontage allowance with the proposed Camp "s 35 feet. This is the variance we are asking that yoadcWasi and theeefore we shou d be Drive i is precedent already established through the Leggerio ro granted likewise. house once to fire, and now we are placed in the pof Iten 10)eyearsr we facie the We lost our al costs) and a period X70,000 (engineering, construction, leg possibly of losing our home for the second time. ou and come to a We are requesting that you review all of th s fa ~ n Wd paopositionre Not only does this new road decision. The Campbell-Kellner roadway assage for EMS vehicles and resolve the issue of alternate esCdentsbonltheroro'ads slneaddition, there is an established ensures the safety of all the maintenance agreement. Please recognize that this new road meets all legal requiremen s. th We're requesting immediate resolution tomorrow, February 11 . Sincerely, Aaron and Alexandra Kellner n 14 2014 with the ZBA RE: Variance Appeal No. 13-7504 we are providing ng our meeting of Ja and evidence. the following to clarify commentary pepartment per the letter at the and a failure to honor the conditions set out by the Building ellner Easter Road Plot Plan Rejection Letter ble forlconst uct~ g a~ ew ht dated 2-20-13 titled K years have continued to insisteeS fiend of(EasteelRoad.sre respons bridge or culvert at the lower w ate the alternate of constructing either a bridge -The board was directed by the building dept to investig rove Easter Rd to meet driveway requirements. Kellner Easter Rd Plot Plan Rejection or culvert to imp Letter of 2-20-13 been discussed at length uoted in the letter In rebuttal to this, we would like to point ouia ~ out ~v the townein twolderections as q de t and the alternatives for review. with the building p ~ ermit. See the attached copy of rejection to the last request we made for our buildi ~ p supervisor was called to witness. Some During the Meeting Mr. Foster Graham the tow's high y was recorded that was inaccurate as far as the facts of the case are concerned. commentary Responses to Foster's comments: sells out that we had the option to make some 1, The letter referred to by Peter Giologtii, clearly p The rebuilding of the bridge has been off of the changes to Easter Road or to fix the bridge. all obligated to table for over 2 years and the town has been a~ arnake any changes to the privately e, nor are we legally obligated repair the bridg grandfathered Easter Road as requested by the town. never agreed to pave any portion of Easter Road. It was understood and agreed hat we 2, We had ineer, Mr. Gray, workshop meeting with the town in March of 2013 with thWe havesa fondness to living on an would use millings and oil asra euand ch aocter to p operty. unpaved road, it adds abeya so no matters bell-Kellner deed as it pertains to the easdee d can not be modif d or'changed unless 3. The Camp who owns any of the properties in the future, the all parties are in agreement. s that I think are important to be brought to the forefront at this point are as follows: Other point 1 qny points discussed at ineer, __ Gray, that rip would be satisfactory been agreed upon by the town eng ave any It had already rip rap etc, was acceptable. We did not agree to p engineer, agreed nd we have intention of doing so. Paving was not regssionsnagreeme'ntsoand w at section of the road a riv to disc Foster mentioned at the 1/28 meeting. Foster had not been p y de in revious meeting, discussions and agreement, y`e acontinuNSOUi~ Wantdevery road understanding ma p ected thatthe high y muddle toe variance request process. It is to be exp rid e meeting state specifications. Unfortunately, it is not the resposiblity or the paved and every b g undertaking of Kellner to undertake such an endeavor. tention that was not address is/was the comment made by Foster that if the e. The deed changes made Another point of con Campbells property changed hands then the conditio fo°EMS acccess, and which includes a maintence by the Campbell's allowing residents access, allowing ut forward that er etuity. Again, Foster speaks out in an are ad to olffe hor pas no knowle ge• agreement was made in p p there was nothing he h It was inappropriate that he attain the meeting, was constructive or germane to the issue. roceedings and confuse +'+'+ Again, this is viewed as a concerted effort to delay p +-. that paving the Campbell easement or The Building department agreed Brous and repeated administrative and technicalae~ of tfae Build ng ns There have been num related to legal interpretations of ordinan f ~ and regulations on e he building department staff, with resultant Department;, questioning the intentions o infliction of emotional distress and innumerable financial losses. Easter the bridge at the west end of remature to entertain rebuilding arcel abutting At this point it is highly p ro osal that is slanted for the 80 acre p Road. The Chelsea Farms development p p he Easter Road residents will have a major hydrouooff do to the reduction in the south sides oft ortantely, with the water r along and below Easter Road. More imp bridge constructed at this time will not meet trees, coupled with the increase in pavement, any s of the Easter Road residents in the future. Refer to the water volumne the need This is a win -win situation. Stop trying to put lipstick on a pig! poll fJQI a ~ wuv. •. From: Barbara Roberti Sent: Tuesday, February 11, 2014 1:21 PM To: 'Jim Horan'; Graham Foster; Sue Rose Cc: Al Roberts; Howard Prager (hprager@optonline.net) Subject: RE: Driveway Permit - 15 Circle Drive Campbell Jim, Neither Grid has a driveway permit issued from the building department. Campbell' 2p~oipe At t istim thg' only open demolished and a new house built a fedw'rYeaermit, th s doesonot incpude therd iveway to Easter Road that they built permit on Campbell's property is a gra g p 4vithout toUan approval, Barbara From: Jim Horan [mai!to:ihoran~srddlaw.com] Sent: Tuesday, February li, 2014 12:47 PM To: Graham Foster; Barbara Roberti; Sue Rose Cc: AI Roberts; Howard Prager (horaaer~optonline.net) Subject: Driveway Permit - 15 Circle Drive Campbell Has a driveway permit been issued for 14 Circle Drive? (Campbell, Lot 6056-01-259750) Has a driveway permit been issued for a driveway from 40 Easter Road (Leggiero, Lot 6056-01-239747) to Circle Drive. The assessor's records indicate that the irregular 35' x 154' lot onMar IorDrE G dapee.aThatlot was previously at Book 1051 Liber 104 into Albert & Carmen Martinet from Arthur J and 1 designated as Tax Lot 6056-01-243764 with an address of 12 Circle Drive. Both of these lots were created before June 8, 1970 when the Town adopted a Driveway Permit Ordinance. I wonder if there are driveway permits for either of these lots. James P. Horan, Esq. Stenger, Roberts, Davis & Diamond, LLP 1136 Route 9 Wappingers Falls, New York 12590 Phone: (845)298-2000 Fax: (845)298-2842 ihoran srddla~+~.com wvvw.srddiaw.com This e-mail message and any attachments are confidential andinal messari eil~o us at the listed email address and dest oy please immediately notify us by telephone and return the orig g all copies of this message and any attachments. Thank you. 1 1~~, Barbara Roberti From: Jim Horan [jhoran@srddlaw.com] Sent: Tuesday, February 11, 2014 10:16 AM 'Jon H. Adams Qha@cgrlaw.com)' To: Barbara Roberti; Sue Rose; AI Roberts Cc: FW: KeIllner/Campbell Subject: JournalPMSegNo: 2558 StiPmID: a58a3dOd-8d17-11e3-b11a-7071bc1fdff1 Jon: would su port your request for an adjournment for the public hearing, but please note that on February 3, 2014 I sent I p the follo~,n~ing email saying that there was no conflict of interest with retain;ng AI Leig James ~'. Horan, £sq. Stenger, Roberts, Davis & Diamond, LLP 1130 Route 9 Wappingers Falls, New York 12590 Phone: (845)298-2000 Fax: (845}298-2842 jhorar~ t~SrCldla~'J.COm w~rJyvsrdd':a,,v.com rivile mod. If you are not the intended recipien+., This e-mail message and any attachments are confidential and may be p g~ lease immediately notify us by telephone and return the original message to us at the fisted email address and destroy p all copies of this message and any attachments. Thank you. Circular 230 Disclosure: To ensure compliance with requirements impo~sndebydte~ oP`wr ttenjto be used, and cannota) IRS advice contained in this communication (including any attachments} is n ~ rorr~oting, marketing, or be used, for the purpose of (i) avoiding penalton or m~tteraddressed herrin.Cod.. or (ii) p recommending to another party any transact From: Jim Horan Sent: Monday, February 03, 2014 4:11 PM To: 'Jon Adams'; Barbara Roberti Subject: RE: KeIllner/Campbell ton: The chairman and I do not see a conflict with retaining AI Leigh. The chairman indicates that two or more cost estimatE James P. Doran, Esq. Stenger, Roberts, Davis & Diamond, LLP 1130 Route 9 V•Jappingers Fafls; iVeyv York 12590 Phone: (845)298-2000 Fax: {845)298-2842 ih~ranC~ ~rddia~w+r.ccm ww4+r srddlaw.com be rivile ed. If you are not the intended recipient, This e-mail message and any attachments are confidential and may P g fate! notify us by telephone and return the original message to us at the listed email address and destroy please immed Y all copies of this message and any attachments. Thank you. liance with requirements imposed by the IRS we inform you that any U.S. tax IRS Circular 230 Disclosure: To ensure comp attachments) is not intended or written to be unsa d~t~ gcor nog advice contained in this communication (enall~d~n under the Interna{ R=venue Code or (ii) promo_~nb, be used, for the purpose of (i) avoiding p °` recomme;ding to another party any transaction or matter addressed herein. From: Jon Adams [maiito~ih~~cer ~aw.coml Sent: Thursday, January 30, 2014 2:53 PM To: Barbara Roberti Cc: Jim Horan Subject: Kelllner/Campbell n at the end of the meeting asked for meaningful cost eck the Chalrma nt to retain Al Leigh to work with Ernie- would you c estimates. I wa nand make sure this creates no conflict Issue. tha s. with the Chairma -- ~ _ . Jon Holden Adams, Esq. Corbally, Gartland and Rappleyea, LLP 35 Market Street Poughkeepsie, New York 12601 (845) 454-1110, ext. 225 -phone (845) 454-4857 -fax ~vv~rvv.c~rlaw.com ' tended solely for the use of the individual to whom it is addresl able a ayIf the eadeor of this This email ism t from disclosure under pp that is privileged, confidential or otherwise exemp the message to the o„-,~;t ;~ „nt the intended recipient or the employee or agent responsible for delivering „na of this Sue Rose From: Jon Adams [jha@cgrlaw.com] Sent: Tuesday, February 11, 2014 8:43 AM To: Sue Rose; Barbara Roberti; James P. Horan Subject: Re: Agenda for February 11th Several weeks ago I requested clarification as to whether the my use of Leigh Landscaping would create a conflict of interest for the Chairman. I have not received a response. Absent the same, I have not been able to move forward with obtaining estimates as requested by the Board. I ask that tonight`s appearance be adjourned and that a response be provided so I can move forward to obtain this necessary information. On Mon, Feb 10, 2014 at 1:15 PM, Sue Rose < > wrote: Sue Rose Planning and Zoning Board of Appeal Secretary Town of Wappinger Jon Holden Adams, Esq. Corbally, Gartland and Rappleyea, LLP 35 Market Street Poughkeepsie, New York 12601 (845) 454-1110, ext. 225 -phone (845) 454-4857 -fax This email is intended solely for the use of the individual to whom it is addressed and may contain information }~.~+ :~ rr;.,:~o,~oa ~~„fi~1Pr,t;a- ~,- otherwise exempt from disclosure under applicable law. If the reader of this RECEIVER C' ~~ ~ ~ l~ 7pNIPJG ADNII~tiSTRATOR T~i~~'IN OF VJAPFhJ6ER February 11, 2014 Howard Prager, Chairman eats Town of Wappinger Zoning Board of App 20 Middlebush Road Wappingers Fafis, NY 12590 Re; Kellner Variance Request Easter Road IVIA~211b0A2 Dear Chairman Prager and Zoning Board Members: Per your request, { examined oad a~ d the N dsoa rRpler ~tthebarea of the Ame Rcandlumber site. s the water course that leads to River R The name of the stream is Branch 1 A H udso{ I Rf om the Tawn of Wapp~ngetanNYS DEG refore, the only required approval for the bridge replaceme approval is not required for this classification of stream. Based an the size of the culvert downstream rid ee crossing at River Road, we recommend twin 54" diameter HdPE culverts be used to replace the b g The work would consist of removing the exsft~ionga be providedswith [argeobo0ulderstlald up to diameter NAPE culverts. The ends of the culverts provide inlet and exit protection. The culverts shouthe culverts to probde a112 wide drivewaytone. A compacted gravel road bed should be placed over Appropriate steel W beam guiderails or timber beam guiderai{s shauld be placed. The cost of this work is estimated at $35,000.00. The work may extend over more than a day. Access for the properties across the bridge shauld be provided for. The remaining driveway up to the Kellner house should be restored to a minimum 12' width. The driveway should be pitched to the north side into the ditch fine. The ditch line shauld b~ restored as needed by lining with stone and providing intermittent stone chenvewam withdstoneal n d ditches oln bothe lower partiorr of the driveway should transition into a crowned d Y sides of the driveway. In addition, I have read the letter from Kellner of February 9, 2614. Some clarification is in °bed b 1. My letter of February 20, 2013 is being mischaracterized. The label option #1 as descn y Kellner presumes that the ZBA grants a variance. This is not a choice for anyone other than the ZBA. My letter was simply worded to provide requirements for either case, variance granted or not granted. 2. There will be na hydrological impact to the strdevelo mentsl core requf ed ~o besto au'se ~noo T e subdivision is bung carefully designed, as al p ~fnwnstream increase in flow rates after development. Howard Prager, Chairman eats Town of Wappinger Zoning Board of App February 11, 2014 Page 2 ou have any questions or require further information relative to this matter, please contact me at If y 914-475-5749 Very truly yours, MORRIS ASSOCIATES, PLI_C ~' i ~' . Robert; . , P.E. o the Town of Wappinger Engin Cc: Graham Foster, Highway Superintendent James Horan, Esq. Barbara Roberti, Zoning Administrator Albert P. Roberts, Esq. Board Secretary Susan Rose, Planning Board and Zoning