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All Angels Hill Road VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845) 298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER AMY E.WOODARD ALBERT P.ROBERTS e-mail:VSRPCBestWeb.Net KRISTEN S.GUTHRTP. IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (845)452-1046 "ADMITTED TO PRACTICE ADDRESS REPLY TO:( }POIIGHKEEPSIE IN NY&FLA. O WAPPINGERS *'ADMITTED TO PRACTICE 1N NY&CONN. December 20, 2000 Elaine Snowden, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Zammiello Easement File No. 12949.0219 Dear Elaine: Enclosed please find herewith original Grant of Permanent Easement for General Utility and Water Line Purposes in favor of the Town of Wappinger as Grantee from Timothy Zammiello as Grantor recorded with the Dutchess County Clerk's office on July 18, 2000 under Document No. 02 2000 6244. Very truly yours, VER IS, STENGER, ROBERTS & PERGAMENT S� Q AL RT P. ROBERTS APRIbg cc: Hon. Constance O. Smith Joseph E. Paggi DUTCHESS COUNTY CLERK RECORDING PAGE k RECORD & RETURN TO : RECORDED: 07/18/2000 VERGILIS STENGER ROBERTS & PERGAMENT HAMPTON BUSINESS CENTER AT: 11 : 54 :44 1136 ROUTE 9 WAPPINGERS FALLS NY 12590 DOCUMENT # : 02 2000 6244 RECEIVED FROM: CRYSTAL CLEAR a, GRANTOR: ZAMMIELLO TIMOTHY GRANTEE: WAPPINGER TOWN RECORDED IN: DEED TAX INSTRUMENT TYPE : EASE DISTRICT: WAPPINGER EXAMINED AND CHARGED AS FOLLOWS : RECORDING CHARGE : 32 . 00 NUMBER OF PAGES : 5 TRANSFER TAX AMOUNT: TRANSFER TAX NUMBER: #009634 E & A FORM: N *** DO NOT DETACH THIS PAGE *** THIS IS NOT A BILL TP-584 : Y COUNTY CLERK BY: DNK / RECEIPT NO: R40203 BATCH RECORD: B00205 RICHARD M. ANDERSON County Clerk 0 2 2 0 0 0 6 2 4 4 ♦ i l' GRANT OF PERMANENT EASEMENT . FOR GENERAL UTILITY & WATER LINE PURPOSES r Vh THIS PERMANENT UTILITY & WATER LINE EASEMENT, made the day of March,2000,between TIMOTHY ZANiN IELLO and SHARON ZAND/IIELLO,residing at 9 Rich Drive, Wappingers Falls, New York 12590, as GRANTOR(s), and THE TOWN OF WAPPINGER, a municipal corporation with offices at the Town of Wappinger Town Hall, 20 Middlebush Road,P.O. Box 324,Wappingers Falls, NY 12590 as GRANTEE, WITNESSETH, that the Grantor(s), in consideration of One Dollar ($1.00), lawful money of the United States .paid by the grantee, does hereby grant and release unto the Grantee, its successors and assigns forever, a Permanent Utility& Water Line Easement over all that property located in the Town of Wa inger pp County of Dutchess and State of New York, as shown on a subdivision map entitled "Lands of Zammiello" which received final approval subject to conditions by the Town of Wappinger Planning Board on�e42:2— i ;�O© C� , and is intended to be filed in the Dutchess County Clerk's Office simultaneously with the recording ofthis instrument, as Filed Map No. (Grantor consents that the filed map number assigned to this map be inserted herein at the time of recording),which parcel is more particularly described in Schedule "A" attached hereto and made a part hereof. The Permanent Easement granted herein is for the purposes of constructing, operating, maintaining,repairing,reconstructing,replacing and inspecting ofpipes,conduits,electric,telephone, and cable television lines and similar equipment and related appurtenances for the transportation and disposal of surface, storm or ground water, sewage, and/or potable water and or the installation of s electric, telephone, cable television lines and similar devices and related appurtenances through the Permanent Easement Area, together with a right of access by vehicle or on foot for maintenance 4 purposes, and the right to clear, excavate, fill, grade, or cultivate the Permanent Easement Area and/or otherwise improve the same for the purposes herein set forth. .i,. It is understood that the GRANTOR will be constructing improvements within the Permanent Easement Area. Until such time as the aforementioned improvements are accepted by the I GRANTEE, the GRANTOR is fully responsible for all maintenance and repairs and the proper x functioning of the improvements within the Permanent Easement Area and will indemnify and hold l� the GRANTEE harmless for any claims, losses, damages, or suits arising out of the operation of the improvements and the use of the Permanent Easement Area prior to acceptance by the GRANTEE. The GRANTOR, its heirs, successors and assigns, is hereby prohibited from blocking or obstructing the Easement Area above or below grade or planting trees or substantial shrubs within the Easement Area or constructing and/or maintaining any type of permanent or temporary structure including, but not limited to, underground pipes and conduits in, on, under or over the Permanent Easement Area without written permission of the GRANTEE. Subject to the foregoing, the GRANTOR(s) for themselves, their heirs, successors and assigns, reserve the right to fully use and enjoy the premises herein described subject to the terms of this easement herein granted to the GRANTEE. The terms, covenants and agreements herein contained shall inure to the benefit of, and be binding upon the parties hereto, and their respective heirs, distributees, legal representatives and all covenants herein shall run with the land affected hereby and shall be perpetual in duration. 2 D - $° TO HAVE AND TO HOLD the said Permanent Easement unto the GRANTEE, its C successors and assigns forever. IN WITNESS WHEREOF, the GRANTOR(S)have executed this instrument as of the date first set forth above. If more than one person joins in the execution of this easement relative words herein shall k read as if written in the plural number, and the covenants and agreements hereof shall be their joint and several obligations. T Y LLO I- ON AMIVViIEL O STATE OF NEW YORK ) Ss: COUNTY OF DUTCHESS ) On the_ day of March, 2000, before me, the undersigned, a notary public in and for said state, personally appeared Timothy Zammiello and Sharon Zammielio, personally know to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. KRISMA M. DeSERARO Md - r NOTARY PUBLIC,State Of NOW*4. r No.5010397 NOTARY PUBLIC �M in Vii"Bch 266 RECORD AND RETURN TO: ALBERT P. ROBERTS, ESQ. VERGILIS. STENGER, ROBERTS &PERGAMENT 1611 ROUTE 9 WAPPINGERS FALLS, NY 12590 3 SCHEDULE ;}A l 1 Decembier 3, 1999 �t Utility& Water Line Easement Lands of Zammiello Lots 1,2.3. & 4 to The Town of Wappinger Easement Description V. 14 Description of a certain parcel of land situated in the Town of Vxx °h, Wappinger, County of Dutchess and the State of New York. Beginning at a point along the southerly line of Lot no. 4 and said 1 point being distant SOUTH 86-05-55 WEST 261.07 feet from the southeasterly corner of Lot no. 4 as shown on a certain map entitled Lends of #' Zanamiello and filed in the Dutchess County Clerks Office as filed map no. thence in a westerly direction along the southerly line of Lot no. 4, SOUTH 86-05-55 WEST 698.28 feet to the southwesterly corner of Lot no. 4, thence in a northerly direction along the westerly line of Lot no. 4,NORTH 12-15-36 EAST 26.03 feet to a point, thence in a easterly and northerly direction over and through Lots 4 through 1 the following courses and distances,NORTH 86-05-55 EAST 331.37 feet to a point,thence NORTH 24- 35-41 WEST 530.65 feet to a point along the westerly line of Lot no. 1,thence in a northerly direction along the westerly line of Lot no. 1,NORTH 12-15-36 WEST 59.24 feet to a point, thence in a southerly and easterly direction over and through Lot no. 1, the following courses and distances, SOUTH 24-35-41 EAST 113.52 feet to a point, thence NORTH 69-56-28 EAST 725.44 feet to a point along the westerly line of All Angels Hill Road, thence in a southerly direction along the westerly line of All Angels Hill Road, SOUTH 2O-03-32 EAST 25.00 feet to a point,thence in a westerly , southerly and easterly direction over and through Lots 2,3, &4, the following courses and distances, SOUTH 69-56-28 WEST 734.02 feet to a point,thence SOUTH 24-35-41 i EAST 449.73 feet to a point, thence NORTH 86-05-55 EAST 332.94 feet to a point,thence SOUTH 03-54-05 EAST 25.00 feet to the paint, of beginning. Containing 1.16 acres of land more or less. Subject to the rights of public utilities of record = l i a F November 2, 1995 Mrs. Constance Smith, Supervisor Town of Wappinger {J �. 20 Middlebush Road Wappingers Falls,NY 12590 RE: Sight Distance Complaint, CR 94 (All Angels Hill Road). Dear Mrs. Smith, Pursuant to a request made by you, to this office, on this date, regarding a Dutchess complaint about limited sight distance exiting from Brook Place onto County Route County 94 this matter has been investigated. The existing sight distance as measured Public Works from twelve(12)feet back from the white line looking to the left is 373 feet. The William 1t.steinhans minimum required sight distance for a road with a posted 40 MPH speed limit is County Executive 353 feet, and compensating for the upgrade approach this minimum is reduced to 338 feet. As you can see the existing sight distance is more than adequate, however xighWay systems the existence of a paved shoulder gives thea appearance of be' too close to the Management p � pp � Divisions travel lane. I noted that the aforementioned twelve feet from the white line situates the driver at a location approximately even with the current location of the existing Paul L.Cassino,P.E. Commissioner stop sign. If the Town of Wappinger feels that the plants between the edge of the. County Superintendent shoulder to the edge-of the County right of way need to be trimmed back you may of Highways do so, but we suggest that, even though they may be within the County right of kichard W.Steller,CES, way, you still secure the permission of the landowner whose frontage they are on. CET,AIC Deputy Commissioner Director of construction If you have any questions I can be reached at 486-2936, or Peter M- Nedwell and Maintenance at 4862928, Monday-Friday 8:30 AM- 12:00 PM and 1:00 PM-4:00 PM Joseph W.Grogan,PE Director of Engineering Carol L.Hadigan,NP Respe y Y S, Business Manager 38 Dutchess Tumpike 10 P.o.Box 3207 Rich aT GermillerYj Poughkeepsie New York Traffic & Safety 12603-0207 H.C.M.Div.(914)486-2900 Fax(914)486-2920 Eng.Div.(914)486-2925 Fax(914)486-2940 SPAV J L' THE COUNTY OF DUTCHESS J LUCILLE P PATTISON,COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS 38 D—Hus TuHnn HIGHWAY MANAGEMENT DIVISIONS A^u"°'°"13-H P.O.Boz 3207 JAMES SPRATT,P.E. PouaHx &E,NT Y"K 12803-0207 C�n 7--(914)471-0700 Gauen Suvmu -FqG' 8 F-(914)471-0940 RICRARO W.STELLER.GM,CET,AIG DE COrr,nsswwErt D'fl GT G C�a+/wo MNnIENN+CE JOSEPH W.GROGAN,P.E. OwEcron aF 6x.rt w - CAROL L HADIGAN,N.P. Baeu M�c August 5, 1991 RECEIVED AUG 6 Supervisor Constance Smith ' SUPEIM60R'S OFFtGE Town of Wappinger TOWN OF WA?PINGER PO Box 324 , Middlebush Road Wappingers Falls, NY 12590 Subject: Reconstruction of All Angels Hill Road (CR: 94) Dear Connie- Reconstruction of All Angels Hill Road (CR 94) :`is .currently under construction. The intersection of Widmer Road is also being improved as part of this project. At the present time the intersection is illuminated by light fixtures on Central Hudson poles which will be relocated due to new road geometrics. Since it is. .within the jurisdiction of Town to provide street lighting, I would recommend that you notify Central Hudson Corp.. to install light fixtures on the new poles at this intersection. I also suggest that existing candle power (250 watts) be increased to 400 watts. If you have any question please do not hesitate to call me at this .office. Thank you. Very truly yours, C�44� CAN TEKBEN Asst. Civil Engineer II CT:vk cc Don Keller, Chairman Planning Board TOUN OF air 's? G DUlk'""All'L SS COUNTY DEPARTMENT OF PUBLIC WORKS "V, in raw TOM PTIAS Optilln C�jj (DPtjj1jj to acquire lands for a new right of way necessary for the iruproven)(111t of the intersi—ccion C.R.93, llyerorl.s � Pu & i.. - - C'R_94, . . Road in th(� County of Dutchess, New York. , s C Irl consider;ttion of the som of one dollar in hall(] paid, the receipt whereof is hereby ackirowlcdg(,d, I (Nve) the tindersigned, do hcroby covenant and agree to deliver to the County of Dutchess, at any Him, upon the deniand Of the said County' a good and sufficient full covenant warranty deed for the premises herein described, free and clear froln any and all encumbrances in and to all the prernises situate in the Town o�F Wappinl,�,er, !)e.:Ln.,g 0.173t acre, as sl-jc on MLap No. dat&� Jawaary 13, 1984, on file in 0,e O:Ffice of t1le C0sio 7111nisner of Public, Wrkch o .s, 383 Ddrtess Turnpilke, MYI� 12603; being, a portion of- prorert, 1) y ideritified as, Tax 'Aap Grid 79(j. 6258-02-534501 lit further consideration for the above covenant it is understood that the County of 13titchess, will Lhte su-'a of I'Llree rlcras�lncl Five 'Hunclra+-! Dullars and No Cents and in the vNent a deed is t,xeciitcd p6or to the performance of said C011ditionS by the COLIntV (If l)IItChCSs said deed shall contain the stlll(, condition. Said parcel of ]and, \vhci acci,,ptcd, is to be used by the Dutchess County Department of Public Works as it right of wily for the of CR 93, 111yers r's P. & G1 14, . . . . . . . . . . . . . - - . - Road ill the County of DutchcS.". NcrN York" AIJ Angel.s And I (we) do berehv further covenant and agree, that the CojjjrnjjSjojjCr of Public Works and his a( cots and the conti%lctor1() Imin the contract naybe awarded foi- the improvement of said road, t(wether rs Avith his wi)ikincii and cniploNecs. Illiky fininc(liately enter upon the premises described herein for thea pin-pose of the constriction of said ilUad without becorning or being held foi- trespass or for all\- darnages whatsoevcr to in(, (its), and I i xvc) do hereby waive any and all claims for damages for such entry or occupation. I (Nve) forther covenant that 1-ccord owncr is . . . . . . . . . . . . . . . . . .. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . His Nvih-*s nairit, is . . . . . . _ _ _ . . . . . . . ... . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . Thcro are no persoll.+ 1111der 21 years interested . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .a he' Property wals Coll,\cycd to 111P ill . . . . and the deed is recorded in Book . . . . . Page Miere is . . . . . . . . . . . . mortgage on the property held by Mypost office address is . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . oel Y, n (we) have hereunto set my our ban anrl sea] this . . . . . . . . . dav of . . .Ap.r il 19.�.4 TOWN OF VIAI)PINGER: Wi t Ilk�ss . . . . . . . . . . . . . . . . . . . . . . . . . . . Sidg 1�I 'Mk"Llk" f ,. "E.R�AC E S,tfPE* RVTS'OR Signe Witness d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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A.�"i-� C�a,��,m G:'aD rC1 rpC.;2 W "J =4mF-' 11� r t s �1.,� q', r::'r r t S:°;,C- a ".t 1 f f"'1 R;d x „.. �.;; S': IA C_ 1'a a ,t r7 q A A 5 (7'), rD m. r"Cb rt ............_...__.........----------- ..,, .....,..�... ......... ....... .. THE NEW YORK CONFERENCE OF REEIAR UNITED CHURCH OF fMAPLE FI LO 12 0,4 C RIST9 INC . W, co yL . ACKE + cq y � U0 2� Now WS M E 6 —R 0,9 i 0 713Q4 LIJ✓' � .. ' TO C. R, 93 C R 94 ALL ANGELS MILL RD, ".0 C,R 2 8 N,Y. 8T. «R� 4 7 3'� ° 'r te O ROW OF TREES S 0 / 0 is AREA 0, 47 t ACRE-1 + 0 � +; r. 0 OD W co cn 4u ! S8+00 TOWN OF WAPPINGER .�. s DUTCHESS, COUNTY OF 1 DEPT. C WORKS LAND TO BE ACQUIRED, FROM: TOWN OF WAPPING E R FOR: IMPROVEMENT T C.R . 93 81 C. R. 94INTEASECTION `r, TC7VrfN OF: WAPRIN G 0"o � N w SUR Y FAY. �A1f R D DATE: IAN 1 3,8 9 8 4 APPROVED BY: f, CHECKED BY: s COMM11,0NER OF PUBLICIWORKS R, . SCALE: o TRACED BY: D. 6 L. r APPRfJ"VE 7 BY., ,DIRECTOR OF ENGIWEER CHECKED BY: [�1A,P �: M'�`"""""�51 r ,.. J.F H. M'` i RECORDED IN OFFICE CSF COUNTY CLERK: LIBER PAGE UN r N A m n r O t+J O NO (D .4 m a n w a ro � ZC-41aaa � o � k n (aroA NrN � b w0 . � (Do � r F-+ Or F.4 H 0 Cron ftw (D P) 'C N t•' (A w o n 0 tv a (n m (D .-r n 0 rt by w (D N ! r• rt . (D Ft, � rf rt moo ` c�� wr• 4 o (D m� roro t:sra " Q n w 0 wro � }- + rt (P. N b a (n (� F7ro W r H-'• 0 a N E rt h r R n rt 0.444 N +A N ro ° w oj o ro m ED EO .afN O f ' r+ � DC N. v LQ H C iz (n C) r. p0 rt m rN� FEy ro in O Ui �C 4C o ~ r 0 rt tj rD o uw Q co L+ p. �C ti `el ft N rp O rri (D w a w n w a' 9 Q NLQ fi rt ¢� 0 ¢ O N (� m �. . m (D H v .r, N N O �K C DEPARTMENT OF PUBLIC WORKS r JAMES SPRATTi RE, COMMISSIONER x ccau;va-x OF'1'10E. BUILDING PtY11G1310EEPSaE, NEW YCt1t1C 12601 e Teltphnne 9141 485-9856 PETER N. ANAGNOS,P:E. RICHARD W. STELLER,C.E.T. SYDNEY L.WGRATF1,ZE. Director of£ngincering Director of Construction Maintertance Director of Physical Fac0ities ,. 38 Dutchess Turnpike 38 Dutchess Turnpike 22 Market Street ^^w Poughkeepsie.New York 12603 ?oughkeepsic,New York 12603 Poughkeepsie,New York 12601 Telephone 471-0700 Telephone 471-0700 Telephone 485-9856 April 6, 1951 Mr. Louis D. Diehl, Supervisor Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Lou. This letter is to clarify my position in regard to the provision of ade. quate sight distance along All. Angels Mill Road where Town roads intersect the County highway. It is my opinion that the responsibility to assure adequate sight distance would rest with the Toim as it is the intersect- ing road into the County system. I would like to offer the services of my department to achieve any improve- ment of sight distance that we can at the Town road intersections. My offer of services, of course, is in no way competitive to the fine engineer- ing services that are provided the Toi;m by your sawn consulting engineer, however, as I have mentioned at previous meetings, we are willing to help in this matter. I wish to point out that the requirement is primarily to gain sight dis- tance and not to acquire the right to the Land. If the corner property o:;mers would agree to sight triangles being established by easements wherein they would not plant anything above 36" high, then we would not require the acquisition of the land and could just have a maintenance ease- ment to assure the ability to see across the private property. If any further clarification is required, please contact my office. 4Very truly you 3ANZI1 S SP TT,P.F® JS.r cc: L.P.Pattison, County Exec. ommissi_oner NEW YORK STATE DEPARTMENT OF TRANSPORTATION William C.Hennessy,Commissioner �i Region B Office: 4 Burnett Boulevard,Poughkeepsie,New York 12603(914)454-8000 March 18, 1981 RFCOVIEb Mrs. Elaine H. Snowden, Town Clerk ELW ' Town of Wappingers Mill Street Wappingers Falls, New York 12590 RE: Case #880-2092 File #180.13.19 CR #93 Speed Limit - All Angels Road Town of Wappingers County of Dutchess Dear Mrs. Snowden: Please find enclosed one (1) copy of the Notice of Order which established a traffic regulation as indicated in the above-captioned subject. The posting of this traffic regulation falls under the responsibility of the local municipality and it is therefore requested that the installation of the necessary signs be scheduled by the Town/County Highway Superinten dent. Thank you for your continued cooperation and assistance in traffic related matters. Very truly yours, M. J. MIGNOGNA REGIONAL TRAFFIC ENGINEER R. W. Krom Civil Engineer - Traffic MJM/RWK/t j h STATE OF NEW YORK—DEPARTMENT Of TRANSPORTATION TRAFFIC AND SAFETY DIVISION STUDY NO.:880-2092 �i RLE: 180.13.190095 NOTICE OF ORDER TROOP: K- March 9 , 1981 DATE . THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE WHEREBY: 1113.29 (k) SECTION SUBDIVISION PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS te ADDED L AMENDED to read as follows: ❑ REPEALED (k) 40 MPH on All Angels Road, CR 94, between New Hackensack Road, CR 104 and Route 82, SH 8453, a distance of 4.8+ miles. The above order witl be effective upon the installation,modification or removal of the necessary traffic control device(s)required by and conforming to the Stats Manual of Uniform Traffic Control Devices. Establishes a 40 MPH speed limit on All Angels Road, County Road 94, for' a distance of 4.8+ miles. Dutchess Town of Wappingers COUNTY: LOCALITY: OTHER RELATED ACTIONS W NONE (Identity) cc: ❑ CITY ❑ POLICE DEPARTMENT VILLAGE ® SHERIFF ❑ REGION TRAFFIC ENGINEER ® TOWN STATE POLICE ❑ OTHER ® COUNTY SUPT. PERMITTEE (Specify) RW. K/am t �SIGNATURF) TE 3d{31781 CORBALLY; GARTLAND AND RAPPLEYEA CHARLES J. CORBALLY(1966) BARDAVON BUILDING FLORIDA OFFICE: JOHN J.GARTLAND,JR. - - 35 MARKET-STREET - - - 50 SOUTH BELCHER ROAD .ALLAN E.RAPPLE:YEA - BUILDING E.SUITE 122 DANIEL � - UGHKEEPSIE,NEW YORK 12601 CLEARWATER,FLORfDA 33515 - - - � FRED W. SCHREFFEI7 9I4'A54-II10 8l3-46t 3144 JON HOLDEN ADAMS 1 BRANCH OFFICE- MICHAEL G.GARTLAND - _ - BANK OF MILLBROOK SUILWNG VINCENT L.DtBIASJ;. - FRANKLIN AVE. - - ._ PAUL O.SULLIVAN.�'"- _ - f - MILLBROOX,NEW YORK 12545 514-677-5538 - MILTON M, HAVER _ JOSEPH F HAWKINS - COUNSEL p- AMEMBER N.Y.ANO FLORIDA SAM - - - - March 30, 1981 - Louis D. Diehl; Supervisor Town of Wapp Inger Wappinger Falls, New York 12590 Re: Your Correspondence of March 13th, 1981 Dear Lou: . I construed your letter of March 13th, 1981 which enclosed correspondence of the County Executive as raising the question of what responsibility the town has with respect to site lines or view lines in those instances when town roads intersect county highways. I am also assuming that we are dealing with a motorist who is using a town highway but who will be turning off that high- way into a county highway I enclose an opinion of the State Comptroller (67--607) which deals with the question raised. As you can ascertain from the same, the town highway superintendent has certain powers under the provisions of. Highway Law §319 to cause obstructions to be removed if they are within the torn right- of-way. X would note in particular the expression of opinion that if the obstruction is located within the town right-of-way, and the owner fails, at the request of the town highway superintendent, to remove the obstruction, the town superintendent can remove the same and cause the cost of such removal to be charged against the landowner. The difficult aspect of this clatter is the location of the town right-of-way. Care should be taken to fully ascertain the extent of that. I would also agree in general with the premises which is set forth in the County Executive' s letter that this responsibility a town one. As indicated at the outset of this letter, I have CORBALLY, GARTIAND AND RAPPLEYEA Louis D. Diehl; Page - 2 - March. 30, 1981 construed the question as one directed to a motorist travelling on a town highway and entering. a county highway,,- If you ighway,If' you. have any questions, please advise. Very trul urs CORE Y, G LAN RAPPLEYEA Jon Ho den Adams JHA/1h Encs. •'. �a -N t § 3.1$ CONSOLIDATED LAWS SERVICE ART Xl nals;or devices calling attention to its presence to solely for the convenience of the maintenance J * other users of the highway. Wagner v State(1942) crew, so that it occupied the entire shoulder of the 177:disc 1019, 32 NYS2d 818. highway and about h_lf the motorises lane, with „? Where,a motorist,traveling on a partly resurfaced inadequate lights, and no sign that the road was ; highway on a dark, rainy night, was temporarily closed, the. State was chargeable with the negii- Y g g blinded b the headlights of an oncoming.car and gence e€its employees. McLane v State {1845, Ct ' . r {l struck a road paving machine which had been left, CI)53 Y52d 194_ § 319. Obstructions and their removal 1. Obstructions, within the meaning of this section, shall include trees which have been cut or have fallen either on adjacent lands or within the bounds ' - of the highway, in such a manner as to interfere with public travel therein; M limbs of trees which have fallen within the highway, or branches of trees _.' overhanging the highways so as to interfere with public gravel therein, lumber, wood or logs piled within the bounds of the public highway; t Machines, vehicles and implements abandoned or habitually placed withal the bounds of the highway; fences, buildings or other structures erected .. c within the bounds of the highway; earth, stone or other material placed 1n i' any ditch or waterway along the highway; telegraph, telephone, trolley and 1l other poles, and the wires connected therewith, erected within the bounds of rk l' - the highway in such. a manner as to interfere Svith the use of the highway a:5 for public travel. 2. It shall be the duty of each owner or occupant of lands situate along the highway, to remove all obstructions within the bounds of the highway, ' which have been placed there, either by themselves or by their consent. It shall be the duty of all telephone, telegraph, electric railway and other y electrical companies, to remove and reset telephone, telegraph, trolley and other poles and the wires connected therewith, when the same constitute obstructions to the use of.the highway by the traveling public:. If temporary obsi ructions such as trees, lumber, wood, logs, machinery, vehicles and similar obstructions are not removed within forty-eight hours after the x* ` service of a notice, personally or by mail, upon such owner or occupanC, "V` requesting the same to be done, the town superintendent shall remove such obstruction. And if permanent obstructions, including, among: others, tele graph, telephone, trolley and other poles and wires connected therewith, are not moved and reset within thirty days, the town superintendent shall move and reset such poles and wires. The expense thereby incurred shall be paid in the first instance out of moneys levied and collected and available xr therefor, and the amount thereof shall be charged against such owner, f .0 � occupant or.company, acid levied and collected, as provided in section one hundred and fifty-seven. HISTORY: Add, 1, 1936, ch 63, with.suhstance transferred from §52, amd, L 1953, ch 674,eff Max 1, 1953. �i"` CROSS REI l RE\CFS: ew This section referred to in § 157: r Assessment of cost of removal of obstruet.ions, § 157. Criminal nuisance, misdemeanor, Penal Law, y 240,45(1)- yJ; 1, =�'«tt► 1 PvtEing noisome or unwholesome substances,or maintaining noisome business oz or gear highway, Pub Health Law §1300-a. 4 33[1 �z L r �F a 15�:�_ - — ,. _ oa�m.h�t°..� ?tRt..- #�'a. �er •s:iu$� i_ ,3r._'�3i:.:t: ;'. ART XI HIGHWAY LAW 319 z �h Locomotive obstructing highway crossing,RR Law §53-b. ' FEDERAL ASPECTS: r Program for elimination. of roadside obstacles in conjunction with federal-aid hihwa y� § 23 USCS 153. ` 1 g RESEARCH REFERENCES AND PRACTICE AIDS. 19 NY Jur,Electricity, Gas, and Steam §18. 26 NY fur,Highways, Streets and Bridges 252. , g es§ 55 NY Jur,Special Assessments §45. `= 58 NY Jur,Telecommunications §§31, 109. 13 Am Jur PI and Pr Forms(Rev ed), Highways, Streets, and Bridges, Forms 161- 214- 9 Am Jur Legal Forms 2d,.Highways, Streets, and Bridges; Forrrts 134:111--134:114. Annutatiottsa Injury to traveler from collision with privately owned pole standing within boundaries of highway_ 3 ALR2d 6. Limitation period as affected by requirement of notice or presentation of claim against governmental body. 3 ALR2d 711. Liability of owner or occupant of abutting property for damage caused by fall of tree into highway. I I ALR2d 626. I Forms: "FORMS" heading eadin ' g followin g `CASE NOTES", infra, CASE NOTES 1. In general notwithstanding such trees, hedges or shrubs ob ..I Z Legality of obstructions,generally struct visibility of highway traffic. 1960 Ops St 3.Trees,hedges,etc. Comet File 1486. Where no common law requirement exists to yi 1.—Fence remove obstructions to the view at two intersect- 5.—Railroad crossing gates irg highways; a fortiori, there is no such duty ii —Dock when a private driveway provides access to a dirt 7.--Mailbox - road and which is not an"intersection" within the meanie of the Vehicle and Traffic Law 12 a .d; &—Ornamental pillars g § 0( � Sylor v Irwin (1970)62 Misc 2d 469, 309 NYS2d N otice of removal „ i. 4, 937. .: r ar !CCost of removal i Il-Questions of negligence in permitting obstruc- 2.Legality of obstructions,generally tion Anything which unreasonably obstructs a highway so as to prevent the use thereof for the purposes " L'Lt general for which it is maintained is an illegal tn; gal obstruction A municipality cannot, without express delegated and must be removed as provided in this section Y; pvam permit an unnecessary and unlawful ob- or may be abated as a nuisance. Slight inconve- `y: ravction of a highway. Allen v New York C. R. nience and occasional interruptions of the use of a Co.(1930). 228 AD 382,239 NYS 140. highway, which are temporary and reasonable, are -kr. Town,village, or city authorities may, if empow- not illegal merely because the public may not, for e AL 'erek by statute, authorize and regulate the use of the time, have full use thereof. People v Horton t � ",-Innings, stands for business purposes, and the (1876)64 NY 626. �w 4�; - <.,"s „r in the public streets. Friedlander v President, Every encroachment upon a highway is not a - " etc.,of Delaware& H. Canal Co. (1890, Sup) 13 nuisance,as, for instance,a fence which annoys no r S SYS 323. one. Griffith v McCullum(1866)46 Barb 561. "' l U ts incumbent upon the State or county to afford s company a new right-of-way within the limits of 3.--Trees,hedges,etc. 'w x improved highway where telephone and tele- A town may not enact an ordinance to compel pxYh mires must be relocated due to the imp rove- •3 ts; property owners to trim or remove trees, hedges x 1413 Ops Atty Gen l76_ or shrubs situated wholly within their property, 7 f pel notwithstanding such trees, hedges or shrubs ob- k 1.,v, may not enact an ordinance to compmpert y.owners to trim or remove trees, hedges struct visibility or bin sway traffic. 1960 Ops StCt bs situated wholly within their property, Coitapt Fite rt486: `� 331 . -a '� yk,y 1�' - _ .... � .......a. mow..-M -..�....w=Mia:�.�,irate.,,........+�.r.��..+.-..•�..':tom.-.:.�' r319 CONSOLIDATED LAWS SERVICE ART XI + s Where en everg re plantings,anlmgs, within the right-oF way Discussion of responsibility for eatpeztse of mnytng of a town highway, obstruct vision, the highway and resetting adjoining landowner's fences when { superintendent may remove them or cause them to town highway is laid out or altered through culti- �,�e be removed. 1967 Ops St Compt File#607, vated, inclosed or improved lands 1955 Ops St A town may compel property owners to trim or tempt File rty`,7107_ .N remove trees, hedges or shrubs situated on private The expensespf removing and relocating.electric lands which over-hang on state and town intersec- poles situated within the bounds of a county road t;a tions, and county and town intersections, and because of reconstruction of such road is that of t which obstruct visibility of highway traffic 1958 the company and not the county superintendent of Ops St Compt File#541. highways. 1956 Ops St Compt File =8149" 4.—Fence A town is liable for the costs involved in moving x utility poles where the town is about to construct Every encroachment upon a highway n not a new highway over private lauds, wherein a nuisance,as, for instance a fence which annoys no utility company already has an casement. How- one. Griffith v McCollum (1866)46 Barb 561. ever, the town would not be Gable in those cash where utility equipment must be moved. to widen i 5.—Railroad crossing gates. already existing roads. 1956 Ops St Compt File Authorities may properly grant a right to a rail- :it 7880. road to maintain gates at a highway crossing,and, if the plantings constitute an obstruction pursuant if properly constructed and opened and closed and to Highway Law,section 319(1),and where placed_ necessary to the public safety, their maintenance within :he right-of-way cannot be restrained. Friedlander v President, etc either by the abutting of[Delaware & H. Canal Co. (1890, Sup) 13 NYS property owners or with their consent, the cost of 1 323. removal may be charged against the abutting property owners_ Otherwise,.the cost of removal is a town highway charge. 1467 Ops St Compt File 6.—Dock �'607. r The owner of the fee of a highway, if he erects a �. dock to navigable water thereon, creates a nui- 11.Questions of negligence in permitting obstrue- < sante if the dock prevents public travel, and it tion `zy may be removed. Buffalo v Delaware, L & W" R- t Co. (1907) 190 NY 84, 82 NE 513. 'Where the plaintiff, while standing on a crate on 1 the back of a truck which was proceeding on a 7_—Mailbox town road in the defendant town, was struck by a limb of a tree which extended over the highway at n Rural mailboxes should not he so placed as to a height of about 10.5$ feet from the surface of y` interfere with efficient snow removal; le no al g the road and there was evidence he had traveled authority to place a mailbox in the right of way" back and forth under said limb several hundred 1966 Ops Atty Gen Feb 28. timers a year, the questions of the.negligence of the 8.--Ornamental pillars town and contributory negligence of the plaintitf were submitted to the jury,and a verdict for the A town may not permit private persons to con- defendant.was not against [he weight of evidenu struct Ornamental pillars in the right of way Of a Cross v Harmony (1941) 285 NY 656, 33 NEU town highway, as such pillars might be deemed to 866. # r be "obstructions" within the meaning of this Sec- a Where a motorist, traveling on a partly resurfaced tion_ 1962 Ops St Compt #634. Where on a dark, rainy night, was temporarity t# blinded by the headlights of an oncoming car and 4.Notice of removal g struck a road paving machine which had been left, A notice or order requiring the removal of an Solely for the convenience of the maintenance F < , encroachment must contain a precise and certain crew, on the shoulder of the highway and about n . description of the particulars of the encroachment, halfway across the motorist's lane,with inadequate t to such an extent, at least,as will enable the party lights and no sign that the road was closed, the upon whom it is served to go upon the ground State, through the act of its ernplvvees. was negli- « t t 3 and fix the place and extent thereof with certainty gent in failing Co keep the highway, including the.kms'' and without embarrassment. Sardinia v Butler shoulders thereof,open and unobstructed_McLane {I 146) 149 N}'505,44 NE 179; v State(1945,Ct Cl)53 NY52d 194. 10.Cost of removal State was not liable for accident caused by ice On y F highway brought about by obstruction of a gutter . ? yY & This section does not require the owner of goods by an adjoining owner where evidence established x abandoned in a State highway to reimburse the that the failure of owner to removr the obstruction "xy State for the cost of their removal- 1939 Ops Atty was the proximate cause oe accident and. f the the 4°j� 411 Gen 236. ' driver of the automobile was contrihuturily negli- f'1+"r Cyst of relocation of fire hydrant is a charge gent. ]tastier v State (1956) 3 Mie 2d 324, 154 �a'Arm t agar lst the Suffolk County Water Authority own- - NY52d 621, app dismd 7 AT72d 953, 182 1vY52d ; t in?the bydrant. 1954 Ops St Compt File x$6852_ 1013_ ;Sip1L ;t. 332 �N_ + 1 W.- 4 f 711.0 u E ART X1 HIGHWAY LAW § 319 FORMS. For form of notice to assess expense of removal of obstruction on default of owner, t see§ 157. c Form 1—Notice to remove obstruction of highway ry•. d �- Form 2--Complaint for order restraining removal of obstruction A II Form 3—Complaint t to eri}f oin obstruction U njunction pendente lite restraining obstruction of Millway Form 4-I :g Form 1 a - _ Notice to Remove Obstruction of Highway To t �n k P SE TAKE NOTICE that the undersigned, as 'Town Superintendent of the LEA g a [f rom reliable sources if a temporary having ascertained - ;. At obstruction, or, if a permanent obstruction, by a survey caused tobe made of the 4 4a highway described below,} that the highway — [identify and describe with tg - r - particular reference. to plaintiff's premises}. is encroached upon by you as follows:. or s [describe encroachment using particular care, as in a deed,if permanent]. rte, Ig is 3: .PLEASE TAKE NOTICE FURTHER that you are requested pursuant to §31.9 of the Highway Law, to remove said encroachment, so that the said highway shall be .l.c... t open, unobstructed and free from encroachment, and of the width originally intended, s 7 refer to lace description of said highway of as appears from the d. p g y [ p. r= wherein description is filed, as Town Clerk's or County Clerk's office], and that upon your failure so t6 remove said obstruction within 7a [48 hours if temporary, r in 3U days if permanent] after service of this notice upon you either personally or by mail, ' a = the undersigned will remove the same and the expense of such removal will in such } a case be charged against you and assessed, levied, and collected as provided in § 157 of at the Highway Law of New York of Dated _ e 19—s—• , ed Yours, etc he -itf ,yc As Town Superintendent of Highways of Town of =�. 1 2d [Adapted and modernized from Flood v Van Wormer(1895}147 NY 264,41 NE 5691. ily Form 2 s x rid -A, Complaint i'or Order Restraining Removal of Obstruction - _lC-- " - [Title of Court and Cause]- - - - ot etc r Plaintiff complains of defendant and shows to the court and alleges.: her rh_ _ 1,Plaintiff is owner in fee of the following described lands and premises:—1 2, Defendant is the Town Superintendent of Highways. of defendant Town of a '' . 3. Defendant Town of is a municipal corporation of New York located in r,n County. ter �4. Said defendant S as Town Superintendent of Highways as aforesaid, did ors on or about the —6— day of,7 19_&, serve on plaintiff a notice to remove :hc within _g days —10 [his house] situate on said above described premises, —I' feet, which is the distance defendants claim �rz — [said house] encroaches 54 a certain highway known as T3 upon ! ;2d 5•_14 [Allege steps, if any, taken with Superintendent of Highways]. r. 333 a-. xid' iix } ,�.F�tt .rf ,W'. 1 si` �i ^�.� ".• `q F�7! '. -Y y i� fW'. t$,� Qw �44,,. r%+ ,..� t . 319 CONSOLIDATED LAWS SERVICE ART XI 6. Said Superintendent has threatened plaintiff if _ls [said house) is not k removed on or before __16 , 19_t'-, that he, the Superintendent, will remove the same, which will greatly depreciate the value of plaintiffs property, and cause him. irreparable injury_ c 7. _1' [Said house] mentioned in said notice of said Superintendent of " Highways is wholly upon plaintiffs lands, above described, and in no way or manner encroaches upon said highway. x Wherefore plaintiff prays that an order may be granted perpetually restraining andT. enjoining said Superintendent and Town, or his or its agents or employees and his yF successor in office, from interfering with or disturbing said property of the plaintiff, or ` a1 A� removing or interfering with [said housel, and that plaintiff may have such other and further relief as may be just and proper, witb costs and disbursements of this action. 20 Attorney for Plaintiff Office 21 L' [Verification) { [Adapted and modernized from Flood v Van Wormer(IS 95) 147 NY 284,41 NE 569). Form 3 . Complaint to Enjoin Obstruction . [Title of Court and Cause] ^ The p.Iaintiff above named, the Town of —1—_, complains of the defendants herein and shows to the Court on information and belief fN 1..The Plaintiff is a municipal corporation and one of the Towns of the County of 4. —1 _and State of New York. °x 2. The defendants are the owners as tenants in common of premises adjoining on both sides of a certain public highway in the said Town of r3 running c 3. The. defendants, or their predecessors in interest, have quarried stone and t excavated on their land lying on the—5 side of said highway up to or nearly up to the line of said highway; and to a depth of or—aT feet, and they 1 N threaten to continue said quarrying into and across said highway thereby wholly "P destroying the same, and rendering it exceedingly dangerous if not entirely impossible to use said highway for the purpose of travel over the same, and by said acts of the defendants they wilt entirety destroy said highway and deprive the public of any use • whatever of the same. . 4. Said defendants have taken actual and adverse possession of about �� feet of 3 r said highway and have erected a barrier or fence across said highway, extending 10 and '1__. across the entire width thereof at a point about—12 feet of _ 14 _ growing on the _13 side of said highway, and z �� °-4 extending said fence or barrier in an ES direction for said distance of about ' feet and on: a line -,1" — of the bounds of said highway, and g ? s there again erected a fence or barrier across said highway extending _20_ and acrotic the entire width of the highway; so that. the public are excluded h�k i r from ttic use of about .._«..__ feet of said highway as aforesaid. kn ;tet `;,t Defendants have within the said space of_.�T.__feet of said highway from which the 4. public have been excluded as aforesaid by said fend or barriers as aforesaid, dug or i excavated in the earth or soil of said highway a trench about __24— feet wide and ri• rt :t —25__ feet deep, _ t�_ - and —27 across the entire width of said highway a•- t y and threatened to continue said excavation to a greater depth and greater width and to h, #n extend said excavation _ 2"_�_— the entire andth of said highway to a point about ..; apposite the tree above mentioned, thereby wholly destroying the said 334 t. a •, a ART X1 HIGHWAY LAW - § 319 ~ highway and rendering it exceedingly1Y dangerous if not entirely, impossible to use said highway for the purpose of travel over the same, and by said-acts-of the defendants . they will entirety destroy said highway and have deprived the public of any use r; whatever of the same. r 5. Said highway has been a public highway used by said Town and improved thereby for more than 3°__ years last past and the same is one of the regularly laid out I, highways of said town and one of its main traveled highways, and the same now is Y under the control and supervision of the Town Superintendent of Highways and the Town Board of said Town of and has been so under his and their control andsupervision, and of his or their predecessors in office, for more than _'z_ years last past. 6. Plaintiff further shows on information and belief that if the defendants are allowed " to make the excavations which they threaten to make and if they are allowed to s continue to enlarge the excavations they have already made, and if they are allowed to maintain said fences or barriers across said highways as above alleged, the Town of _33 , and the general public by being entirely deprived of the use of said highway will suffer great injury and inconvenience thereby and the town has been and r will be-put to great cost and expense in repairing said highway and in protecting the n public from the danger of accidents that might result from said excavation. WHEREFORE, This plaintiff: demands judgment that the defendants and each of ' them their servants, agents and contractors and employees be perpetually enjoined and restrained from interfering with said highway or doing any act that shall interfere with its use by the public, ot-from making any excavations therein and that they be enjoined " and compelled to: forthwith remove and take down said _34fences or barriers x' and enjoined and compelled to repair any damage that they may do or may have done to said .highway, with costs, and for such further or other .relief as this Court may deem just and proper. ' 35 Attorney for Plaintiff t Office [Adapted ted from papers in Albion v Ryan(1922) 201 AD 717 194 NYS 261]. .I� 1 Form 4 x3 Injunction PendentLiteRestraining Obs#ru tion of HighwayhwaY z ' Ca tion .I" [Title of Court and Cause] ; X it appearing satisfactorily from the complaint in this action, duly verified on the e - '_ day of_1—_ l9_'_ also from affidavits of-4 and a duly rt verified on—a_ , 19 7y that the plaintiff in the complaint demands and is entitled to a judgment against the defendants restraining the commission or continuance of the : acts hereinafter specified and enjoined, also that grounds sufficient exist for this injunction which are that the defendants have erected barriers across a public highway and. excluded the public therefrom and are digging up and destroying such public highway and will render the same dangerous and useless for public travel and purpose. And the Plaintiff having given a proper undertaking, Now on Motion of_13— Attorneys for the Plaintiff, the defendants `to and their officers and attorneys, counselors, servants, agents, contractors, assistants, and employees, each and every one of them are hereby ordered and enjoined under the penalties of law prescribed, that he, they and each and every . one of t:iem do absolutely desist and refrain from digging, destroying or in any wise interfering with a certain public highway in the Town of County, New York, commonly known as —"_._-T— running _15 and 18_ and being a highway crossing and adjacent to the property of the 3351 'a 41111111, y - y. �. § 319 CONSOLIDATED LAWS SERVICE ART XI defendants irk said town and from erecting or maintaining any fences or barriers_ across the same until the further order of the Court in the premises. Dated the_17—day of 18 , 19_79_ 7_S.C. y [Adapted from papers in Albion v Ry:3n (1922) 201 AD 717, 194 NYS 2611. , :f § 320. Injuries to highways r; Whoever shall injure any highway or bridge maintained at the public- expense, by obstructing or diverting any creek, water-course or sluice, or by dragging logs or timber on its surface or by drawing or propelling over the r same a load of such weight as to injure or destroy the culverts or bridges x¢,�i •. along the same, or of such weight that will destroy, break or, injure the t. surface of any improved state highway, county road or town highway, or by any other act; or shall injure, deface or destroy any mile-stone or guide-post erected on any highway, shall for every such offense forfeit treble damages. HISTORY: r ;L Add, L 1936, ch 63, eff Mar 4, 1936. Substance transferred from §330. r• CROSS REFERENCES: Erectwn of guide boards by superintendent Reckless endangerment, Penal Law §'§ 1202(), 120-25. 4-' Criminal mischief, Penal Law §§ 145.00-145A0- .�¢. Criminal tampering,Penal Law §§ 145.15, 145.20. RESEARCH REFERENCES AND PRACTICE AIDS: 4 14 NY Jur(Rev ed), Damages § 192. �t 27 Highways, Streets,and Bridges§§531-539. 8 Am Jur PI and Pr Forms (Rev ed), .Damages, Forms 71 �+ 13 Am Jur Pl and Pr Forms (Rev ed); Highways, Streets, and Bridges;Forms 411- 413. Forms: See "FORMS" heading following "CASE NOTES",infra. CASE NOTES E A, county may maintain an action to recover prosecuted by the Town Superintendent in the h.. - the town. Palatine v Cana- baric Water f a r- name of o t o coapt trod e h reason o J I rx d; damages o Y g y F'e : sun's traveling over it with an excessive load- 1947 Supply Co_ (1904) 90 AD 548, $6 tiYS 412, affil S� j a � Ops St Compt 32. withnnsF t op 184 Y 582, 77 ill; 1197= This section is not limited to a single act resulting The statutes authorizing a Town Highway Super- tion i.ntendent or the State Superintendent. of Public .. i a in injury to or destruction of a highway by driving �;� 1 works to recover treble damages from anyone thereon excessively' overloaded trucks so eyuinped r'.<. who injures'any highway or bridge maintained at 3 Y as to bre ck the surface of the road, and it is not liiillic expense do not vest in the New Fork State necessary to show that the injury was the result of Thruway Authority the right to. rmover the pen- ,i. willfulness- Waterford v L. B. BrockeEt Lumber alty. Nese York State Thrnway Authority v Mais- `y sY k ' Co- (3929)227 Ata 422, 237 NYS 436, lin Bros.Transport,Ltd_(1970)35 ADM 301,315 l + An action for injury to a bridge can only be NYS2d 954- A< FORIfS F ; Form 1--Complaint by town for injury to highway ��,� Form 2---Complaint for damage to bridge in joint custody of two towns Forth 3--Special allegations as to damage caused by flooding za 3 1L':r r a a y _`.�' y-, 9 .'r f, t �rt "f5 � ,r �-s p•'A Y;;of M. p �}"b�s. '.•.;�'�' ..L �'� ti •��-,5 r - �r�1 A�° v 542 OPI�IIONs of rxE' STATE COMPTROLLER �# i - �� j The criterion, therefore, by which one determines tVhether or y,t not ah itezzx .is an improvement to the realty and,therefore, assessable as such is its classification as either real or personal property.. y Under Property Tax Law §102(12),. those itemseneraliv g classed as real property are set forth• Light poles, septic tarnitis and cess-pools constructed by tenant on leased property constitute real estate (Erwin L.Farrington, 140 TlyS2d 379 (1955). i 1 s tate becomes -art of re a al es � annexed to re P Whether personalty artne e is �vh Y P n - nesatio. 'c ertnanenc Of the an .� n the•f ends o - aril de P -.,.. ordinarily o er t r P property Y P tion , hold. and intention s of the free sue � Halt to the _ r acla}�tabi}zt� of the persa y of, the parties at the time of annexation (Interstate .Lien Corporation f V.Schmidt,44 NYS2d 709 (1943). As to what the term "real property" includes, the ansiver is hinted at in " old principle of law: The surface of ilio groux d is a guide, ;x e but not the full measu , for, within reasonable limitations, land in- re 1 r cludes not onlythe stn-face,. but also the space abode- and the part beueatlx. (I3utlrr U. Frontier Tel. C,o., 186 NY t86 (19(16). "Real Property" is defined in Black's Lav Dictionacv, Third Edi- ' t tion 1944 . 1448, as "land, and generally whatever is erected or fP . ; growing upon or affixed to land" (Lanpher u. Glenn, 37 % inn. 4-, 33 �, - i; NW 10)- 1n respect to property, real and ,ror_carcal correspond very w -- nearly with immovables and mouables of the civil lark. K.� In line with the above-cited. de€nitrons, it would seem that a ,f swirrxmin pool of a permanent nature, built into the ground and not readily disassembled, is apart of the realty and, therefore, adds x #: to the vahtation of that realty. On the other hard, a pool situated d so as to be at least semi-portable, r xrface. and constructs r' S above e tFxe 5t s , would seem to be persona} property and Hat assessed as part of the realty. x + r o die. n pool of a �crmanent.Habits,b tilt into � 3 Conclusion: A s'<tinrnmin p 1 R ground, and not readily disascemblecl, is part of tls.e realty and must be considered in fixing the assessed valuation of the property. r1 aol situated above the surface so as to be at least semi portable hi p is personalty.and not asses<able as rcaltc- ,fT Angut 1 1967. 1 �lit , _ 1 4 t� OP1N1Oti 67-607 ;� >, ti• Intluiries• (1 '1 Lay a totirxt bigh-tt a� superintetxd� jt cause the rc- '- ;•r' r r rnrrval sttngs which. are ��ithin ilio r of evergreen plaaigl�tt-a�f-� a} of a k .#� s town hi"-lxzl-ay and-,vlxirli cativo a visual obtructian.'. • (21 lfay the cost of such removal Fac rltaxgecl agarn;t the abuttirsg t ,. property oluncrs.a 5tatentent a# La«; T}l Highway 1, air 1110 sets fc�rtlt the �rt:.nexal `r� powers and duties of town hishwa superintendents. It i>c1car from ' '' .11C? That the superintendent lxas the clut, to nsaintaiaz town roads and : ,F =�. <s render thorn safe for}nzblic use- y ,k x�J• 4 _ tz e. Or �+ � r il�i(71;� OF TFik STATE CpliT TROLLER J43 1 � It has been held that, uniertl s section, a general dc of ca r_ and supervision of town Ii gh wa s is imposedosed on the town highway Superin- tendent- erin_ tendent- -F When a highwayaY for any re asor he conies unsafe, de n � the i superintenc.c:nt owes a positive duty to cause the defect to be rerneclied, Failure of the superintendent.nerintendent to note such an unsafe condition and ti i � y either repair it or cause it to be called to the attention of the town ` board could be a negligent action by the town superintendent (Fergu- son v_ Lexishoro, 149 AD 232, 133 NYS 699 (1912). I� Highway Law §319 deals with. obstructions and their removal_ It is clear that the term "obstructions" does not merely refer to obstacles which are on the highway itself. It has been held that the rule re- girding obstructions is.not confinecl to obstructions in the beaten track k `' but embraces aIl_ harts of the hak hway (Tinker v. Nezz, York Central R.R. Co., 157 NY 312,5l NE 1031 (1898). �. It T is this Department's opinion that an obstruction- of a highway users line of sight along the highway may be considered to be an ob- • stnrction, just as if there was an obstacle in the bed of the highway. 1 It is possible that the plantings in question may constitute a fence. M If it is determined, on the facts, that these plantings do constitute a fence, then there is specific authority in Highway Law for the c suoerintendent to remove there. Furthermore, the plantings may be y considered as "trees" in which case, under Ifighway Law §322, the town.superintendent would have the power of removal. �? Even if the plantings do not constitute a fence or are not considered ". trees, it is this Department's opinion that they could constitute a i' i harard(zus condition in the right-of- vay of the town and, if so, the superintendent would have the duty of removing them or causing them tobe re no ved. (2) If it is determined, as a matter of fact, that such plantings constitute a tz e an nbstr cu-tron within the meaning of Highway Law X319 ti _�. ,-t •{ (1'I,.the highway superintendent is authorized to cause their removal or to remove: thein himself. Highway Law §319(2) provides: Willi of It shall be the duty of each owner or. occupant ofv lands situate along the highway, to remove all obstruc- tions xvithin the bounds of the highway, which have been 1}taeecl there, either by themselves or by their con- sent, And if permanent obstructions, '" are not moved within thirty days [after the service of no- tice, personally or by nra.ilj, the town superintendent shall move [such obstructions]. If such plantings.were placed in the right-of-way, either by or with t the consent: of the abutting property owners, and if they constitute air obstruction under highway Law §.319(1), then the superintendent should serve a notice upon the abutting owners to remove the plant- izrgs, and, if they fail to do sc, then the super' tendert should cause AP, ' thein to be rernovecl. If the superintendent causes their.removal, then, ,r "pilifl.,klrk as,u:ning that they constitute :in obstruction, the cost of rcrnovaI is assessable against the abutting property pursuant to the provisions of Highway 3.a%v §15 7. Y '7lt e � � •� � :� ��'i�k.: - �, r `�f r*X `S�.i rsk w ,�"vi�o-t�"%� -,�'� -r� � a�-�� ! 1 h�,� � �-Y _"J •fit.� h�F�'W yY.'Z. S 4 +.F`c'.6'L xd t/�'�r� r ' � }.;� � +i'�"!•�T�"!I�`��Ce ter° t;t ��-�t�' �f�Y.�_ti A's$� iL�s+'4 •r _.? '� ��+. ;� �,�YLN.'�� a'��,�rT�'�'c'�'c'�f'��,;r��f�^✓5 ��;��ytS ��r��:r�=. t _:�i -,. _- �� 4: 1h .ya y-n.�x '�'t Y"•�r+'V,. 'S.trn� x. { �y �" r�� y.4:.f' 1y�. k'y4,�la ':� �.•� .r. {. ,�,l��L ! �,�dX�4'�-�iA7�.' {r�.�,•+�,t.dV��lr�`�. r5 �.a'�.�Y a �S�' �'�! -. _ tr,�"�'-..tip,_n �' _ r' ' s� �+r-:iF. .��h' •�•. '.:.. yc r ' "�` ,,"° � �� c ..- sr '� �"�._..,.... . ..,_ .. ,, s..�� _.'�-:.. :.j �'' o-. '� <�� ; a xR �; - ,�'.- y��°�q y.„��q�-� h�7�`:� �',�"^mei,��u ,,'��i�T'� �y,.:rt -•r •� �Lx 7� F Y is 544 OPINIONS OF TnF STATE CONIPTROLLFR 2 " If such plantings do not constitute an obstruction pursuant to §319(1), then the duty of removal would be upon the superintendent ' of highways ays and the expense would be a town highway charge. Also, . s if such plantings were obstructions under §319(1), but had not been placed there either by or with the consent of the abutting property owners, then the cost of removal would seem to charge. be a town highway Conclusions: (1) Where evergreen plantings, within the right-of- way of a town highway, obstruct vision, the highway superintendent may remove them or cause them to be removed (2) If the plantings constitute an obstruction pursuant to Highway Law §319(l), and were placed within the right-of-%vay°either by the abutting property owners or urith their consent, the cost of ret'oval rnay be charged against the abutting property o,.,-nets. Otherwise, s the.cost of removal is a town highway charge. #' August 17, 1967. a OPINION 67—" Inquiries: (1) Is there any incompatibility lir, or prohibition against, the simultaneous holding of a position as engin - eenn tee h Incran Ifs the New - a i w York la Mate Di' artll3 a' ent of PLL1l Public Department e Work sand th to e � townoffice of building an.czonrlQ Inspector? (2) Is there any incompatibility in, or prohibition against, the simultaneous llolding, by an attorney, of a position as a confidential la-w clerk to a Supreme CourtJustice and the town office of - of the peace? justice 'est . Statenient of Law: (1) A state engineering technicialr may sinrul- M1 tanecrusly hold local pu.bTzc orrice as town bui'cling and zoning ill- w ,�s3, Spector. ('enerally, a person may.sirnultaneously 1101d and serve in two • � t or nmre public offices and positions, of public r.mployrncnt or both, I provided there is neither a constitutro.nal nor a statutnry prohibition, nor any incompatibility immlve-d (19 O) St Corn t ft y._..;> 1 p (1_:63 . Co.m- •,t: Iron Iatr' ` r.r�c•orn Iat?bili is a s i ty applicable only to ti Ir. Itsslcl- T �.. In of - two: or Irlerre frulllie offices sanult.aneously by the sabre Person, and the ac- Pt, -e of a second incompatible office is an implied resignation be from the prior public office (E cxsalT Goz,°rr, 10 NMI 661, 174 NYS?cl Ei? (1958). j"1'lrere the second position i; One of employment, and not a public office, there is no Ircon11"IZtibi.4tv as such. Since ctrl engincering technician iii the cla.ssifiecl corntletitEe c.i�il ser.ice of K t thr State of New 'ark is a public ernplo1-ee, nr_r cnrn*non la%ti° Incom- patibility earl arise from his holding t" o din zo.Iring inspector (Pea eti rel Ua csara £irsflice�J 1 1I�r 19�J,12• rand 731 (1.93.1). My'r I . TOWN . OF WAPPINGER I SUPE:RV1SOR'S OFFICE 91yliLL STREET _ 4 i - WAPPINGERS FALLS. M Y- 72590 � r i LOUIS D. DIEHL . - - SUPERV15OR - - I i March 13, 1981 I i Son .Holden Adams. Esquire Corbally; Gartland & Rappleyea Attorneys at Law 35 Market St. i Poughkeepsie, NY 12601 Re; Enclosed letter dated March 9, 1981 from Lucille Pattison specifically paragraph 6. . . i Dear ,ion: What responsibility and directions does the Town of Wappinger j have related to this action? Is it the. sole responsibility of the Town or does the propery owner have responsibility and what assistance or responsibility doeSL the County have regarding Town--County intersection. - I Very qtr ly yours, Louis Diehl, Supervisor I • LDD/no CC: Town Board Meai>;bers County Legislators Lucille Pattison, County Executive James Spratt,Commissiane.r of Public Works Rudy Lapar, Town Engineer William Horton, Town Supt. of Highways I , Mrs. Renta Ballard . Mrs..Poloncic TOWN OF WAPPINGER SUPERVISOR'S OFFICE WAPPINGERS FALLS. N. Y_ 12590 - .MILL STREET LOUTS D. DIEHL SUPERVISOR March 13, 1981 County Executive Lucille.Pattison County Office Building 22 Market St. . Poughkeepsie,, NY 126.01 Re: Letter dated 'March 9, 1981 from your office paragraph 6. Dear Lucille: This certainly was discussed at informational meeting with residents, County Officials, Town Officials and Jim Spratt. I distinctly remember requesting Mr. Spratt to review this problem as to the responsibility of what government or individual and his review of subject matter and decision. Be advised T havenot received a report as of this date. As you see in copied letter I have directed a letter to Town Attorney Jon Adams to . pursue responsibility. Perhaps in confusion at informational meeting (no minutes taken) a communication problem has existed as to who was to do what. Regardless, 'my congratulations on .,the opposite turn around position of Mr. Spratt on All Angels Bill Road problem from past position. Thank you. Very,�r�Ay Yours, w Louis D. Diehl, supervisor Town of .Wappinger LDD/no TOWN OF WAPPCNGER SUP'ERVISOR'S OFFICh MILL STREET WAPPINGERS FAL.Ls, N, Y_ 32590 LOUIS D. D[EHL - SUPERVISOR County Executive PattisOn Page 2 March 13, 1981 CC: Town Board Members County Legislators James Spratt, Commissioner Of Public Works Rudy Lapar, 'down Engineer William Horton, Supt. Of Highway Jon Adams, Town Attorney Renata Ballard Mrs_ Poloncic dU-9�s� LUCILLE P. PAMSON County Executive Q i. jT w' MICHAEL P. ,Nitap>fy Assistant to County Executive � +� y March 9, 1981 Mrs . Renata M. Ballard 21 Hilltop- Drive Wappinger Falls , New York 12590 Dear Mrs . ��14e d I am pleased to notify you of refit- dre3pmts concerning problems which existed on f4ll Angels Hill Road 1 . The Dutchess County Commissioner of��'"uTilJic 1�orks will cause the center line in the vicinity of your neighbor- hood to be marked as a double solid line. 2 . TheCommissioner of Public Works will examine the feasibility of placing .T signs at each intersection in the area. 3. 1 have learned that the New York State : Department of 'Transportation has determined the speed limit in the area will be reduced from S5 miles per hour to 40 miles per hour. The papers have been sent this week to Albany for final signing. Oyou.r visit to my office . several weeks ago with firs . Polonsic greatly assisted in the County' s decision regarding the double solid center line . . I appreciated _your spelling out so clearly the history of the road from the resident' s point of view, and for reinforcing the action requested from petitioners in your neighborhood. 1 must at the same time reiterate another point we discussed and agreed upon at the same meeting. The above .steps are not the best way to address the traffic problem in your neighborhood. The correct measures have been identified by .the County Departr:�ent of Public Works and shared with Town of Wappinger officials as well as citizens in the vicinity. Corner lots at each intersection must be acquired by permanent easement or by purchase in order to Mrs . Renata M. Ballard - 2 - March 9, 1981. form sight triangles. Such action would improve the visability of those needing access to the highway from the intersecting Town roads. Inasmuch as your residential roads are part of your Town. road system, only the Town. of Wappinger can implement - this more effective solution. The County will implement the center line marking and the Department of Public Works stands ready to offer its professional advice. should the Town exercise the option it has open to it. Yours truly, �� -,c_ LUCILLE F. PATTISON County Executive cc : James 5pratt Commissioner. of Public Works Louis D. Diehl , Supervisor Town of Wappi.nger . Mrs . PolonsiC ,. rf«5y C DEPARTMENT OF PUBLIC WORKS r �x �l J�666t ZANIES SPRATT. P.E.. COMMISSIONER colw" OFFICE BUILDING " F0 GHXUrsIE,NEW Y01kX 12601- sRati Taleplw+M 9141485.9836 ` PETER N.AXAGNOS.P.E. RICHARD W.SrELLER,CLT- SYDNEY L blcGR,ATE6 RE Director of Eric caring Director of Construction&maiatemncs Director of Plty5ral Facilities 38 OutcAsasTurn** 38-DutchenTurnpike 22 Markel Street Pmshkeepu%New York 32603 Poughkaspsis,New York 13603 Poughkaepsia.New York I MI TefspAons 472-0740 Telephone 471.0700 Tclephoee 4 -98.36 - Ju fy 25,r 1980-:--- Memo 980 Memo to: Jaynes Paganes, County Legislator " crnc James Spra � t Re. All Angels Hi t Road.(CR94) - passing.Zone This is to acknowledge your me=r dated July 18, 1980 which transmitted to me a petition regarding the, "pausing-Zone" between Kent Road and Pye Lane on All Angels Hill Road. The Department of Public Works_hos done extensive-study and spent considerable time regard- ing.the marking of this particular section of highway. Of our somw395 miles of road to monitor and to mark properly, this section-has received the greatest attention and the most detailed study of all County roads within Dutchess County. This concentration of effort was directly in proportion to the importance of doing o& job properly. As indicated in your memo, the authority to establish road markings rests squarely on the shoulders of the County Superin .tendent of Highways whose duties are included within my job specification of Commissioner of Public Works. "Your request-for me to make immediateplans to change the markings in this area are based an the following. three elements....the number of accidents, the number of signatures on a peti-_ tion and your personal appeal. (.would like to be able to simplify my job,tremendously_if -1 could acquiesce my responsibility and react immediately on simple decisions by counting the number of accidents, taunting the number of people who sign a petition and.receiving a mento from you as being reason to shed the legal responsibility of marking a highway properly under ,Motor Vehicle Law of the State of New York.. Granted, the discretion is given to me but it _ is a right that should not be taken lightly in view of the total picture. We have investigated the accidents that have occurred in the subject area and, upon analysis, we have seen no evidence.that the passing zone - whether it was in effect as a passing or no-passing zone-- would have changed the outcome of the accident. In. the second matter, the number of people signing a petition is not a criteria within which I make decisions as I feet"that w&have worked diligently on this matter through the efforts of one person, namely Mrs. Poloncic, .and although I respect the position of the people than signed the petition, feel that one initial request is sufficient for us to act. Regarding your persona! appeal, I certainly appreciate your interest in this matter and certainly respect your desire to represent your constituents. It certainly is a sign of a legislator responding to his constituents. `,Page 2 ' Re: All Angels Hill Road (CR44) - Passing zone The comp, onion request by the Town of Wappinger regarding the change of the speed limit and the adoption of a speed limit in this.area has been received in this office, and l have sent thof directly to the New York State Department of Transportation for their field.review of that request. I have sent it to them without comment from this office. I hope to Bear from them as soon as possible so that their imput into the overall problem can be known and made part of the final determination. My conclusion of what should be done in this area of All Angels Hill Road is not along.the lines of the request, however,. I believe it is the most effective way of increasing the safety to those people entering and-leavin4 the housing developments along All Angels Hill Road. The developments that exist along this section of County road were originated prior to the stronger planning specifications and ordinances that now exist in the Town of Wappinger. Currently the ordinances and regulations,for a sub-division would require: a "sight triangle" at each of the lots adjoining All Angels Hill Raced . ' This so-called "sight triangle" is an easement that runs with the property allowing control to the Town to insure that no shrubbery, trees-or buildings be allowed in that area that could bstruct the vision of drivers entering All Angels Hill Road. This is a common practice in sub-division review today" however, as I mentioned above, the vintage of tris sub-division was prior to this type of sub-division control. 1 believe the proper thing to do at this time is to negotiate an agreement with each of the property owners at the intersection of each Town road to either purchase the area necessary for a sight triangle or an easement to control the sight triangles at each intersection so that the intersecting road would be readily visible to the people'using All Angels Hill Road and vice-versa for people-entering the County road. I must stress at this time, however, that the required minimum sight distance for each of the intersections is, availa6le,. It.is obvious by the number of signatures on the petition that the people using these intersections are not comfortable with that condition, therefore in:my opinion, it would' be a legitimate County expenditure to go ahead and negotiate for these sight triangles on each of the intersections along this section of highway to afford maximum sight'distanc.&for people entering the County highway, This solution would be effective and has great potential towards creating a safer condition along this section of highway. I would enlist your help in supporting such a position in the County legislature, and I would hope that your support could be directed to the Town Board and the people in the sub-division to bring about such a plan to improve the overall safety throughout this area. I will have my Engineering. Division develop a plan that indicates the encroachment on each of these corner lots to meet Ihis proposed plan and, when the plan is complete, 1 will be happy to sit down with you, members of the Town Board and interested citizens to indicate the impact that it would have on both the individual properties effected and the overall safety improvements to the area. r cc: Mrs. Poloncic cc, Mrs. Ballard RECEIVED DEPARTMENT OF PUBLIC WORKS s� a JAMES SPRATT, P.E, COMMISSIONER MAY 2 8 1980 _ COUNTY OFFICE BUILDING POUGHKEEPSIE, NEW YORK 12601 • 8� t +* Tekphone 9141485-4856. ELAINE H, SNOWDEN PETER N.ANAGNOS,P.E. RICHARD W. STELLER,C.E.T. SYDNEY L.McGRATH,P.E. Director of Engineering Director of Construction 8r.Maintenance Director of Physical Facilities 38 Dutthess Turnpike 38 Dutchess Turnpike 22 Market Street Poughkeepsie.New York 12603 Poughkeepsie,New York 12603 Poughkeepsie,New York 12601 Telephone 471-0700 Telephone 471-0700 Telephone 485-9856 May 26, 1980 Mrs. Elaine Snowden, Town Clerk Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Mrs. Snowden: Re: CR 94 Road Abandonment We have your letter of April 28th addressed to Mrs. Pattison, and I wish to emphasize that we are familiar with Section 118a of the Highway Law which does give us the right to aban- don County unused portion of County roads back to adjoining property owners. I believe this Law is primarily oriented to roads and lands which were purchased by the County and,through realignment, are no longer needed by the County and thus can be abandoned to the adjacent property owners. The point in contention regarding the matter on All Angelss Hill Road is that I believe the original right-of-way was obtained by the Town and taken over by the County as a County highway, therefore, the County never acquired the land, however, we did acquire usage of it through a jurisdictional change from the Town to the County. In light of that, we were primarily concerned in giving you, as the original provider of the right-of-way, the option of abandoning that portion of the road no longer needed by the County to the adjoining property owners. am going to proceed to formulate the abandonment of this portion of All Angels Hill Road which is no Ionger used for County purposes in concert with the Town of Wappinger, based on your Apr.i 128th letter. I believe 1 am interpreting the Town's position that they do not want the right-of-way, nor do they wish to have the honor of disposing of it. Under those conditions we will proceed with abandonment procedures that will remove the highway from the County highway system and quit claim the property back to the original owners. want to thank the Board for its action as it does cfarify this whole situation, and I hope they respect our position of making sure that the Town had its say in the disposal of this property before acting unilatterally, keeping only in the mind the County's views in this matter. ery truly y u Ar IV _rtAMES SPRA P.E. cc: Lucille P. Pattison, Co. Exec. ommissioner cc: Leg. Poillucci, Graq, White, Pagones cc: Wm. Horton, Highway Supt. cc: Peter Anagnos, Director of Engineering "An Equal Opportunity Employer" �5 S C ° County of :DutcLess F x Poughkeepsie, New York 12601 DUTCHESS COUNTY LEGISLATURE 22 MARKET STREET JOSEPH V. POILLUCCT DISTRICT VTI Majority Leader Poughkeepsie/Wappinger May 9 , 1980 R�^ Raj Yj. 88 ratt Commissioner RAINMr. James S H. sN0 P a Wp�N Dutchess County Dept. of Public Works County Office Building - 5th Floor Poughkeepsie, . NY 12601 Dear Jim: Enclosed please find ,a copy of a letter addressed to Lucille Pattison and a copy of a memo addressed to the four Wappingers Legislators from Elaine Snowden, Wappinger Town Clerk, relative to the abandonment of the unused portion of County Road 94 in the Town of Wappinger. Please advise me what action you will. plan to take relative to this matter. I will await you prompt reply. Sincerely, JOSEPH V. POILLUCCT Majority Leader JVP/lmc Enclosures CC; _.vLaine Snowden, Wappinger Town Clerk Lucille Pattison., County Executive Lois A. -.Gray (Dist . 21) Peter Haynes White (Dist . 9) James D. Pagones (Dist. 8) TOWN OF WAPPINGER �: iU>•ERYISQR - ,. TOWN COUNCIL LOUIS a. DIEHL NICHOLAS s_ JOMNSON BERNICE R. MILLS SUPT. OF 14IO14WAYa / ' JAMEY M. REILLY WILLIAM P. HORTON _ FRANCIS J.YERSAGE TOWN CLERK' S OFFICE MILL STREET WAPPINGERS FALLS. N. Y. 12590 ELAtNF- H. SNOWMEN TOWN CLERK - - April 28, 1980 Mrs. Lucille Pattison, Dutchess County Executive 22 Market Street Poughkeepsie, New York 12601 Dear Mrs. Pattison: This is in regard to the abandonment of the unused portion of CR94 which was a topic of discussion at the monthly meeting of the Town Board of the Town of Wappinger. A memo to County Legislator Peter White from Commissioner Jaynes Spratt states that under Highway Law, when a new highway is constructed, the procedure is to abandon the unused portion of the road to the Town and they, in turn, can abandon it to the adjacent property owners. The Town prefers that the County abandon it to the adjacent property owner, and the Attorney to the Town has written an opinion that it is possible for the county to abandon highways directly to abutting property owners under Section 118 of Highway Law. The Town Board respectfully requests that this action be taken by the County. We would appreciate your review of this matter and an early recommendation from you. Thank you. Very truly yours, Elaine H. Snowden Town Clerk gr cc.: Commissioner James Spratt Wappinger County Legislators TOWN OF WAPP[ NGFR au►iwvuow v0Wrk cou"CAL LOUIS D. DIEHL NICHOLAS S. jQHNSON lb's BERNICE R_ MILLS SQPr. 01 HIGHWAY! - i 1 ,. - .JAftzT M. REILLY WILLIAM P. MORTON FRMC1SJ.VVRSACZ TOWN GL.ERK * S OFFICE MILL STREET WAPPINGERS FALLS. N. Y. 12590 ELAINE H. SNOWDEN TOWN ti6RK - - April 28, 1980 - ` Mr. Peter Haynes White - Mr. James Pagones Ms. Lois Gray Mr. Joseph Poillucci. At the regular meeting of the Town Board of the Town of Wappinger held April 14, 1980, the Board passed a resolution instructing our representatives to the County Legislature to designate and establish a Traffic Engineering Unit- on the County level so that fully operational traffic control devices can 'be erected and maintained by the- County, at county intersections.. Yours 'very truly, Elaine H. Snowden Tourn Clark gr TOWN OF WAPPINGER SUPERVISOR'S OFF�CE MILL STREE7. W'ArPINGERS FALLS. N. Y. 12590 LOUIS D, DIEHL SCJPERVISOR. MEMO TO. Elaine Snowden, Town. Clerk (Agenda April. 14th.) Town Board Members Wm, Horton, Highway Supt. FROM: Louis Diehl, Supervisor DATE April 7, 1980 Re; Enclosure from Attorney Mr. Adam's opinion is exactly what T discussed with Mr. Horton as the direction the County should tale, a direct abandonment of lands to homeowner and eliminate any transfer of lands to the Town. recommend this procedure (see enclosure) be followed via County and property owners and the Town should so direct at the April meeting. Very ly yours, Louis Diehl, Supervisor Town of Wappinger LDD/no CCs Hon. Peter White, County Legislature Mr. Carl Manco, 1 Alpert Dr. , Wapp. Falls, NY CORBALLY, GARTLAND AND RAPPLEYEA -3- 6ARDAVON BUILDING - - '35 MARKET STREET - CHARLES J.CORBALLY(1966) - .:POUGHKEEPSIE, NEW YORK 12601 - FLORIDA OFFICE; - - JOHN-J.GARTLAND,JR. 9147454-1110 - - - - - .50 SOUTH BELCHER ROAD RICHARD V.CORBALLY - - - SU14DING E.SUITE 122 - ALLAN E.RAPPL_EYEA - - - - CLEARWATER,FLORIDA 335IS DANIEL F. CURTIN} - - 813-461-3144 FRED W- SCHAEFFER JON HOLDEN ADAMS - - - - BRANCH OFFICE. - MICHAEL G.GARTLANO - - _ - BANK OF MiLLBROOK BUILDING - - VINCENT L. OeBIASE FRANKLIN AVE.- - - � - PAUL D. SULL4VAN+ - - MILLBROOK,NEW YORK 12545 April 4, 1980 JOSEPH F_ HAWKINS COUNSEL - - {MEMBER N Y AND FLORIDA BAR - - Louis D. Diehl, Supervisor Town of Wappinger Town Hall Mill Street Wappinger Falls , New York 12590 Re: County Route 94 (Manco) Dear Lou: It is possible for the county to abandon highways directly to abutting property o-mers under the provisions of Highway Law The procedure described in the letter of James Spratt dated March 27th, 1980 is an alternative to the abandoning of a road to a property owner, but it is not necessary in the first instance that the road be abandoned to the town in order that it be abandoned to effected property owriers . Depending on the circumstances, it. may or may not be necessary to obtain consents of effected property owners along the abandoned highway in order to undertake the abandonment directly from the county to the property owner. Very tru y yours, CORBALLY GARTLAND & RAPPLLYFA , Jon Holden Adams JHA/lh CC : William Morton, HigInway Superintendent TOWN QF WAPPINGER SLIPERVISOR'S OFFICE MILL STREET - - _ - i WAPPINGERs FALLS, N. Y- 12540 LOUIS 0. DIEHL, SUPERVISOR - March .31, 198D William Horton, Superintendent Town of Wappinger Highway Department Wappingers Falls, NY 12590 Re: HELP- Regarding enclosure from Dutchess Co. Department of Pu l c.Works, to County Legislator Peter White, paragraph three in brackets. Dear Bill: It appears to me again every Government above the Town level, when a problem exists or is anticipated, the subject is passed on to the Town at the Town's expense and responsibilty. Why doesn't the County abandon it to the adjacent property owner. What happens if the County abandon's to the Town and then the adjacent property owner does not accept. What problems now exist or can be foreseen it this section being abandoned to the Town and the the adjacent property owner. Again, what avenue's exist to protect Town from exposure and responsibility when the Town has not been a party to what appears to be a nuisance. Very t y yours, Lour Diehl, Supervisor. Town of Wappinger LLD/no CC: Hon. ,Peter White Mr. Carl Manco Mr. Rudy La Par, Town Engineer Mr. Jon Adams, Town Attor�iey 4� r .. DEPARTMENT OF PUBLIC WORKS •� i� JAMES SPRATL P.E, COMMISSIONER t+ Say V. COUNTY OFFICE BUILDING POUG11KI EPSIE,NEW YORK 12641 �. Telepoone 914:385-98$6 S G, ip PETER N. ANAGNOS,P.F. RIC ARD W. STELLER.C-LT- SYDNEY L. McGRATiL P.E. Director of.Fn1pnserm4 Director of Cornuueuo,:d]4unt"Ace - T1¢ectoi of Phylxw Fac&tiss 38 Dulchest Tutnptke 38 DutchanTwnptka 2:Muket Sued Poughl"Pac,.New York.1260). ?ou;hkeopsie,New York 12603 Poughksepue,Now York 1260.1 TelephOM 471.0700 Telsphone 471,0700 Tclophone 421-4856 Mare 27, ]980 . Memo.to: Peter Hayne ite, County Legislator From: James Sprott Re: CR 94 - Man o omplaint I aryl in-receipt of your mem ated February 7th pertaining to problems with complaints from a Mr. Manco of i Alpert Drive in the To,,'vn of Wappinger. I have submitted the material to my engineering section and they have investigated the problems rioted in the Manco letter. We have checked the drainage that was designed for CR. 94 and provisions have been made to collect the water at the old intersection of Alpert- Drive and CR 94 and direct the drainage to a culvert under old CR 94. The new culvert is a replacement of the existing culvert that was in that roadbed before we reconstructed the road. The discharge from this culvert flows under the adjacent property owner (Coffey) and does not discharge into 1y1r. Manco's direction. The drainage in this area continues southerly, crossing the Coffey driveway and flows in an opposite direction than the Manco property.. If Mr. Monco is getting water in the lower portion of his backyard it must be coming from other areas than as a direct runoff from our drainage system. I am.attaching.herewith a pian of the area and-the red indicates the flow of the water from our drainage system, l am not 'in any way vouching for or analyzing the .the runoff of water from AI err Drive a Town I way. Fw cond comment is a long-standing concern of ours regarding the unused portion of CR94. hway Law, when we construct a new highway the procedure is to abandon the unused ; of the road to the Town and then, in turn, the Town can abandon it to the cdjacent ty owners rather than continue maintaining it. This-was done approximately two years ago e Town has not acted on that subject, therefore; it has remained as an unused highway, and . ainly can attract the nuisance that Pv1r. 1�llanco Inas related to. Mrs, Cof{ey, his neighbor,so commented to me regarding the dumping along that road. In order to abandon it ort buck to the adjoining property owners so that it could be removed from visual contactse people that dump, it would be .proper for the Town to accept the road.as an abandonedy hi�e'nway and then, in .turn, abandon it to the adjacent property o-r�ner, namely Vorndran, In the interim, we are trying to erect some barricades at the Coffey driveway so tkat the Use, of old CR 94 is diminished and probably the dumping also dis,rinish.e I. This office starids:re.ady to a s responsibility to coepera:te i��itn:fou in any bray to=lxave fh:e.,Ta�.�n of G'Japia �k��r tc:,i~ exr� t''r...ir respons, n,ccept the obain-donrie'rit of this Cour y R:oud Our engIn erilo'stcf stands ready to crer:le cir y . ` March-27, 1980 �. Peter Haynes White Re.: CR 94 -- Manco Complaint maps required to bring this about. Ihope this clarifies the Manco tompiaint letter. If you have any questions, .please call. r Encl. cc: Peter Anagnos cc; Richard Steller cc: Louis Diehl cc: Carl Mance DEPARTMENT OF PUBLIC WORKS JAMES SPRATr, RE, COMMISSIONER COUNTY OFFICE BUILDING POUGHKEEPSIE, NEW YORK 12601 Telephone 914/485-9856 PETER N. ANAGNOS,P.E. RICHARD W. STELLER,C.E.T. SYDNEY L.McGRATH,P.E. Director of Engineering Director of Construction&Maintenance Director of Physical Facilities 38 Dutchess Turnpike 38 Dutchess Turnpike 22,Mazket Street Poughkeepsie,New York 12603 Poughkeepsie,New York 12603 Poughkeepsie,New York 12601 Telephone 471-0700 Telephone 471-0700 Telephone 48,5-9856 November 22, 1978 i3"""C E1 V E D Mrs. Elaine Snowden, Town Clerk 1,-1, Q �-1 70 Town of Wappinger "N V ea 191 8 Mill Street ELARiE Il® SHOViDEN Wappingers Palls, New York 12590 Dear Mrs. Snowden: All Angels Hill Road Thank you for your letter of November 16th indicating problems with the new construction that was completed by the County along All Angels Road in the Town of Wappinger. The questions that were brought up by the Angel Brook Civic Association cannot be addressed by us for the following reasons. It is customary practice that when we re-design or re-construct an intersection, we specifically hold the width of the road to a dimension that is consistent with the highway that we are meeting so that we do not develop large expansive areas of blacktop at intersections wherein the public can wonder and not place themselves in the proper and safe position to enter or leave the connecting highway. The problem alluded to is reflective of any of the carefess, moves made by the travelling public when they approach an intersection --- they fail to keep to their right and afford room for someone to turn into the road, or they approach the intersecting road at such a flat angle that they must encroach upon the opposing traffic lane to make the turn. We will observe the operation of this intersection and, if there is a unique situation, we will certainly correct it. The second matter pertains to the culvert under the road. We do not, as a policy, put any obstruc- tions over the outlets or inlets of culverts as we find this has not been a problem (children using the culverts to cross under the road). Our problem in putting any type of grillage over the pipe is that debris immediately catches on that grillage and we are then in the situation of backing water up and flooding the areas upstream from these culverts. I believe the use of the culvert by childrenother than what is desired by their parents, must be a problem of parental overseeing. I wish to remind the Board that we are trying to finalize this disposition of properties along abandoned All Angels Hill Road and will be contacting the Town on that matter shortly. Very truly y b' rs, JS:r JAMES SPRAT, P.E., CC: Peter Anagnos Commissioner cc.- Richard Steller "An Equal Opportunity Employer" October 12, 1978 R EC El V E D Wappinger Falls Town Board wappinger Falls, New York 12590 ELAINE H, Members of the Town Board: The Angel Brook civic Association wishes to extend their grati- tude for the speedy completion of the road construction at All Angels Road. This improvement has increased the safety of this stretch of road considerably. After careful observation of the new road, several questions have been raised by residents, of our community. 1. The original stop sign at All Angels and Alpert Drive, is still in position. We feel this sign should either be removed or turned 90 degree to effect the traffic on the old spur of All Angels Road. 2. A question has been raised as to the width of the ex- tension of—mob from the old road to the new one. The measurement taken on the new road is 22 feet. If measured at the old intersection, we find that it is 32 feet. Many people have stated that they have difficulty turning into the narrow road especially when another vehicle is waiting to proceed to All Angels Road. 3 . The conduit that is under All Angels Road that is ad- jacent to Lot # 2 (first house on the street) , could be considered an attractive nuisance. This concrete pipe is large enough that a child could possibly crawl through. Could this be blocked with some form of grading? In writing this letter we realize that some of the property and prob- lems that we are discussing come under the County domain and some under the Town. We would appreciate your help and guidance in direct- ing us to correct some of the difficulties which have arisen from this new construction. Very truly yours, Dennis Truitt, President All Angels civic Association cc : Mr. william Horton 0 ' RECEIVED C7/ CORBALLY, GARTLAND AND RAPPLEYEA SUPERVISOR'S .GFFICE Attamp aC�="tloro 2S MARKET STREET CHARLES J.CORBALLY(1966) POUGHKEEPSIE, NEW YORK 12601 FLORIDA OFFICE: JOHN J.GAR-T-LAND,JR. 914-454-1110 50 SOUTH 6ELCHFP ROAD RICHARD V. CORBALLY BUILDING E.SUITE 122 ALLAN Z.RAPPLEY-c-A CLKAqW-\TF,7,F1-ORk[)A 335ls DANIEL F. CURTIN"T' FRED W. SCHAEFFER JON HOLDEN ADAMS MICHAEL G. GARTLAND VINCENT L. DESIASE October 3 , 1978 *MEMBER N.Y.AND FLOROA BAR Louis D. Diehl, Supervisor Town of Wappinger Town Hall Mill Street Wappingers Falls , New York 12590 Re: Disposition of Old Angel ' s Hill Road Dear Lou: We have reviewed the letter of Peter M. Anagnos , P . E . relative to the possible transfer of portions of Old All Angel ' s Hill Road to the town. We have reviewed Highway Law §118-a cited by Mr. Anagnos , and find no authority therein for the proposed transfer as such section only permits the transfer to abutting owners . Presumably the town is not and has not been an abutting owner . However, if the town desires to have possession of this land, it probably is within the power of the county to make a gift of that land to the town irrespective of the provisions of Highway Law §118-a. Please advise us if you desire any further information relative to this . Very truly yours , CORBAL6, GARTLAND & RAPPLEYEA Jon Holden Adams JHA/Ig r-, v DEPARTMENT OF PUBLIC WORKS JAMES SPRATT, P.E., COMMISSIONER • - COUNTY OFFICE BUILDING POUGBKEEPSIE, NEW YORK 12601 Telephone 914/485-9856 PETER N. ANAGNOS,P.E. RICHARD W. STELLER,C.E.T. SYDNEY L.WGRAT11, P.E.. Director of Engineering Director of Construction&Maintenance Director of Physis Facilities 38 Dutchess,Turnpike 38 Dutchess,Turnpike 22 Market Street Poughkeepsie.New York 12603 Poughkeepsie,New York 1260 Poughke.-.sie,ti,w York 12641 REE E l VE-- Telcpisone 471•(7700 Telephone 471-0700 Telephone 485.11856 ..iUL SUPERVISOR'S OFFICE July 18, 197 ' CR 94 Mr. Louis D. Diehl, Supervisor Town of Wappinger 95 ,South Avenue Wappingers Falls, N.Y. 12590 Re: Disposition of old All Angels Hill Road, CR 94. Dear Sir: In my letter of July 13, 1978, I mentioned the County's intent to abandon the old section of All Angels Hill Road to the Town of Wappinger. For purposes of expediency and with concurrence from the Town, the Department is willing to take the folloszing actions: 1. The section of old All .Angels Hill Road fronting the Vorn-dran property will be abandoned by the County directly to Vorndran in accordance with Section 118-a of the Highway Lar-. 2. The remaining portion of old .All .Angels Hill Road will be retained by the County since it is contiguous to right-of- way purchased between the old and new roads. The pavement will be scarified as has been dome to the section of old road north of the Alpert Drive extension. If the above actions are acceptable to the Town, please confirm by forwarding a copy of a resolution to that effect adopted by the Town Board. Very truly yours, PETER N. AP7AG OS, P.E. , L.S. Director of Engineering PNA:v cc Comms ssioner James Spratt, P.E. R. w. Steller •`An Equal Oplwrtuniry Emj)loyer" r ` TOWN .,OF SIUAPPINGER SUPERVISOR'S OFFICE MILL STREET WARPIN.GERs FALLS. N. Y. 12590 j - t LOUIS D. DIEHL SUP€RV[SOR August 4, 1978 Peter N. Anagnos, P.E. , L.S. Director of Engineering Department of Public Works County Office Building Poughkeepsie, New York 12601 Re: Enclosed opinion letter addressed to Lou Diehl from Town Attorney Dear Sir: In reply to your telephone call this date, it appears an immediate reply is not possible and 1-will attempt to have a reply for you on August 14, 1978, regular Town Board Meeting. I understand the urgency in your request to complete County road and Town road intersections, but it appears research for possible drainage easements and right of ways must also be considered to protect the Town's future development_ I am requesting all possible information and direction from appropriate Town officials to act on this situation no later than the August 'Town Board Meeting. Ve `ruly yours, i f Louis D. Diehl Supervisor Town of Wappinger LDDf db Enclosure CC: Elaine Snowden, Town Clerk {for .agenda} Town Board Members Rudolph Lapar, Town Engineer William P. Horton, Highway. Superintendent C.CRBALLY, GARTLAND AND RAPPLEYEA 25 MARKET STREET L CHARLES J.CORBALLY(196fi) POUGHKEEPSIE, NEW YORK 12601 FLORIDA OFFICE= JOHN J.GARTLAND, JR. - _ 914=454-1110 - - 50 SOUTH BELCHER ROAD RICHARD V. CORBALLY BUILDING E.SUITE 122 . ALLAN E.RAPPLEYEA - Cs EARWATER,FLO.RTDA 33$15 DANJEL F_ CURTINf FRED W. SCHAEFFER - - JON HOLDEN ADAMS MICHAEL G_GARTLAND - - - - VINCENT L_DcBIASE July 7$ 24, 19 {MEMBER N.Y-AND FLORIDA BAR - 7 J O Mr. Louis D. Diehl., Supervisor Town Hall Mill Street Wappingers Falls, New York 12590 Dear Mr. Diehl: I have your letter of July 21st, 1978. Before reaching a decision on this matter, I would confer with .the town engineer and the town superintendent of highways . It may be that before abandoning the parcel to Vorndran, the town should consider whether or not any easements would be need- ed in that area for future drainage purposes or for the installation of sewer or water lines . In addi- tion, I would like to see Bill Horton' s opinion as to the possible use of any of that property by the . Town of Wappinger, Very truly yours, CORBALLY,. GARTLAND & RAPPLEYEA Allan E. Rappleyea AER/rb cwt DEPARTMENT OF PUBLIC WORKS JAMES SPRATT, RE, COMMISSIONER a •� - COUNTY OFFICE BUILDING POUGHKEEPSM NEW YORK 12601 Telephone 914 1495-98$6 e - PETER N.ANAGNOS,P.E. RICHARD W.STELLER,C.E.T. SYDNEY L.McGRATH,PE, Director of Engineering Director of Construction&Maintenance Director of Physical Facilities 38 Dutchess Turnpike. 38 Dutchess Turnpike 22 Market Street Poughkeepsie,New York 12603 Pou?hk:epsie,New York 12603 Poughkeepsie.New York 12601 C ii` Tele one 471-070Q �.�.+�1 Y �� p hTeltphona 471-0700 Te:ephane 485-4856 SUPERVISH'S OFFICE July 18, 1978 CR 94 Mr. Louis D. Diehl, Supervisor Town of Wappinger 95 South Avenue Wappingers Falls, N.Y. 12590 Re: Disposition of old All Angels Hill Road, CR 94.- Dear Sir: In my letter of July 13, 1978, T mentioned the County's intent to abandon the old section of All Angels Hill Road to the Town of Wappinger_ For purposes of expediency and with concurrence from the Town, the Department is willing to take the following actions: 1. The section of old All Angels Hill Road fronting,the Vorndran Property will be abandoned by the County directly to Vorndran in ,accordance with Section 118-a of the Highway Law. 2. The remaining portion of old All Angels Hill Road will be retained by the County. since it is contiguous to right--of- way purchased between the old and new roads. The pavement will be scarified as has been done to the section of old road north of the Alpert Drive extension. If the above actions are acceptable to the Town, please confirm by forwarding a copy of a resolution to that effect adopted by the Town Board. Very truly yours, PETER N. ANAGNOS, P.E.,. L_S. Director of Engineering PNAry CC Commissioner James Spratt, R.E. R. W. Steller .. .INIW flppo[tuni[y Employer" j F f Oct. 19, 1978 I Mr. Peter N, Anagnos, P,E,* D.S, Director of Engineering Department of Public Works i 22 Market Street Poughkeepsie, N.Y. 12#01 Dear Mr. AnWos z The Town Board of the Town of Wappinger at their regular meeting held Oct. 12, 1978, unanimously moved to inform the County that the Town has no interest in owning any portion of told All. Angels Hill Road, k On the same subject, would you please review the STOP signs on this road; the residents have complained that the STOP sign should be moved to the new section. Thank you for your consideration in this matter. Yours truly, Elaine H, Snowdea Town Clerk gr k July Is, 1980 Mr.. James Spratt. commissioner Dutcheas County Department of Public Works 22 Market Stet Poughkeepsie, NOW York 12601 Re; SPeed-TlM t on All Angels Hill noad fleet Mr. Spratt Enclosed please firW a petition from the residents of the All Angels Hill load area requesting a "nog-passing zone" on that road between Kent: Read and pye Lane. This petition was received by the Town Board at their regular meeting held July 14, 1984 and the Board Members request that Vou review this petition and give ,it serious consideration. They would also appreciate a reply before the next flown Board meeting so that they can inform these residents of any action that might be taken by your department. Fours very truly. 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WHEREAS, in the reconstruction of a portion of old S.H. 5154 which has therefore been completed and turned over to Dutchess County, a location of limited sections of said road as shown on Map No. 586 dated October 4, 1968, Map No. 588 dated October 18, 1468 and Map No. 89 dated October 24; 1968, State of New York Department of Transportation, was determined by the Commissioner of Public Works of Dutchess County, said sections being described as follows: Between station B 156-81 and station 167+07, as shown on Map No. 586, a length of 1126 feet. Between station 67+50 and station 88+50 equals station 2+00 on new connection to station 0+52, as shown on Map No. 588, a total length of 2248 feet. Between station 172+00 and station 221+99 equals station `V' 78+ 55 at the village line of the Village of Wappingers Falls, as shown or, Map 589, a total length of 4999 feet. NOW THEREFORE, BE IT RESOLVED, that the above described parcels of old S.H. 5154 are hereby discontinued as a County Road and no further maintenance and repair by the County shall be performed thereon and be it further RESOLVED, that said section of road be and is hereby turned over to the Town of Wappinger for further maintenance and repair. STATE OF NEW YORK ( COUNTY OF OUTCHE S This is to certify that I, the undersigned, Clerk of the Board of Representatives of the County of Dutchess, have compared thr foregoing copy of resolution with the original resolution now on file in the office of said Clerk, and which was adopted by said Board of Reoresentatives on the day of d+ N B '10, 196 , ,and that the same is a true and correct transcript of said original resolution and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal of said Board of Representatives this day o «�y W 6 i;vim 196 CORRECTED RESOLUTION CLERIC OF THE BOARD OF REPRESENTATIVES {