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Dorothy Heights GELLERT 8 CUTLER, P.C. ATTORNEYS AND COUNSELORS AT LAW SHELDON CUTLER 75 WASHINGTON STREET JOSEPH H.GELLERT LEONARD KLEIN POUGHKEEPSIE, NEW YORK 12601 ( 007,1989) ARTHUR L.GELLER7 (914) 454-3250 STEPHEN E.EHLERS PAUL J.GOLDSTEIN- FAX:914.454-4652 JOHN A.GEOGHEGAN WESTCHESTER OFFICE ALBERT P,ROBERTS 35 PURCHASE STREET LILLIAN 5.WEIGERT RYE,NEW YORK 10580 k CARL P,BARON E STEPHEN E.]DIAMOND*• Jul 7 , 19 92 FAX 9 4967.623 - Y Fi1X 914 967-6236 RAINA E.MA155EL* DAVID R.WISE** LONG ISLAND OFFICE EMANUEL F.SARIS 2001 MARCUS AVENUE, SUITE W95 TERRY D.HORNER LAKE SUCCESS,NEW YORK 11042 •ADMITTED IN NY 9 FL (516)355-0 9o5 ••ADMITTED IN NY,FLA MA ' ADMITTED IN NY B ENGLAND "ADMITTED IN NY 9 CT Hon. Constance 0. Smith Supervisor, Town of Wappinger 20 Middlebush Road P.O. Box 324 'Wappingers Falls, NY 125901 Re: ' Nurczynski Easement Our File Nos. 5456. 3626, 5457 .2626 and 5457 . 5726 Dear Connie: Reference is made to your memo of June 29, 19.92 regarding the . Dorothy Heights easements. It has. always, been my understanding that when the Town Board directs easements or lands ,to be acquired, that no formal acceptance by theTown Hoard is required since acquisition of the property, or easement was a direct result of the Town Board' s directive;. This is different from the situation when a developer proposes -to dedicate roads and easements to the Town which require certain improvements to be constructed and installed prior to acceptance by the Town. On the other hand, when the Town authorizes drainage work to be done, sometimes easements are required through private property. Such is the case with the Nurczynski easement. This easement was originally requested at a workshop session back in December of 1991,1# but i do not believe ,it was ever formally authorized at a regu-lar Town Board meeting. - Accordingly, I am enclosing herewith the original deed establ ,,shing the. easement for acceptance by the Towne Board. The deed will have. to be signed by you: in order to have this document recorde-d. I have also requested a subordination of mortgage from„ the Fi.ghkiZ1 National Bank, which has yet to be received (although the attorney. for Fishkill National Bank has promised me it would be delivered this week) . A different situation arises when the Planning Board requests land for road widening purposes or for "site easement” purposes . These are requests made by the Planning Board during site plan GELLERT CUTUP,, P.C. ATTOkNEY5 AND COUNSELORS AT LAW - Page 2 - approval and/or subdivision approval. Technically, these requests are made by or on behalf of the Town, but the Town Board generally is not aware of these requests until the deeds are tendered. In the case of the amended site plan for the Villa Borghese property, in 1989 the Planning Board requested road frontage from the property owner, but a deed was never executed or tendered to the Town. It was only as a result of Ernie Martin' s work that this was discovered. In those situations , a copy of the Planning Board minutes should be forwarded to the Town Board for follow through. I think it. best that you establish a procedure to be followed by all and incorporate it in the Town' s policy. Please confirm that the Nurczynski easement will be placed on the Town Board agenda for action. Very truly yours , GELLERT & C LER, P.C. ALERT P. ROBERTS APR/aml Enclosure cc: Joseph E. Paggi., Jr. , P.E. Herbert Levenson Raymond Arnold Graham Foster A 291 Standard N.Y.B.T.U. Form 8007 JuLlU6 BLUMBERG,INC„LAW BLANK PUBLISHERS Bargain k sale deed,with covenant against grantor's acts--Ind.or Coro. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of , nineteen hundred and ninety-two BETWEEN ANDREW W. NURCZYNSKI and SOFTE C. NURCZYNSKI, = Teaants by .th ,�e�nti.rety - .Of and residing-- a't Valley toad';:-Wappingers Falls , New York, hereinafter referred to as "GRANTOR'` party of the first part, and TOWN OF WAPPZNGER, a Municipal Corporation with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York, hereinafter referred to as "GRANTEE" party of the second part, WITNESSETH, that the party of the first part, in consideration of -------------------------- ------------------ONE ------------------------- `---------------------ONE AND N01100 ($1 . 00) ----------------------- dollars, lawful money of the United States, actual consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party-of the second part forever, SEE ATTACHMENT ATTACHMENT TO PERMANENT EASEMENT FOR DRAINAGE PURPOSES NURCZYNSKI TO TOWN OF WAPPINGER A Permanent Easement and Right of Way for drainage purposes, in, on, under and through that portion of the GRANTOR'S parcel hereinafter described and called DRAINAGE EASEMENT AREA, for the purposes of constructing, operating,p eratin g, maintaining, repairing, reconstructing, replacing a surface/storm/ground water drainage channel and/or surface/storm/ ground water drainage pipe line system, with all necessary slope rights and appurtenances thereto, including the right to install, construct and maintain a concrete headwall and fencing, for the transportation, drainage and disposal of surface, storm and I ground water through the DRAINAGE EASEMENT AREA from other lands now or hereafter draining storm or ground water on or through GRANTOR'S parcel. The said DRAINAGE EASEMENT AREA is described in Schedule "A" attached hereto. This grant of a PERMANENT EASEMENT AND RIGHT OF WAY includes the following additional rights and obligations: (a) To lay and to construct drain pipes or drainage ditches, channels and appurtenances in the DRAINAGE EASEMENT AREA for the transportation and disposal of such surface, storm or ground water and to maintain, repair, reconstruct, replace and inspect the same as GRANTEE may deem necessary or desirable; (b) To clear, excavate, fill, grade, cultivate or pave the EASEMENT AREA and/or otherwise improve the same for the purposes herein set forth, provided that any soil excavated from the DRAINAGE EASEMENT AREA shall, at the option of GRANTOR, either be deposited on the GRANTOR'S parcel at a location, or locations, selected by GRANTEE proximate to the DRAINAGE EASEMENT AREA, or be removed by the GRANTEE from the GRANTOR'S parcel; (c) For a period of one year after the date of this instrument to use such portion of the GRANTOR'S parcel immediately adjacent to the DRAINAGE EASEMENT AREA as .shall be necessary for the temporary placement, storage and passage of equipment and materials during such time as any work is being performed in the DRAINAGE EASEMENT AREA, provided that any damage to the surface of such adjacent area shall be restored by GRANTEE without cost to GRANTOR; i (d) GRANTEE, at its sole cost and expense, shall be responsible for the maintenance, care and management of the DRAINAGE EASEMENT AREA, and GRANTOR shall have no responsibility for any injury to persons or damage to property resulting from or on account of the use of the DRAINAGE EASEMENT AREA and its appurtenances by GRANTEE unless such injury or damage shall have been caused by the act or omission of GRANTOR or its employees or agents. GRANTEE agrees to indemnify and save GRANTOR harmless from and against all losses, liabilities, claims, proceedings, judgments and decrees brought or recovered against GRANTOR by reason of any act or omission of GRANTEE or its employees and agents, and further agrees, at the request of GRANTOR, to defend, at GRANTEE'S expense, any such suit or proceeding brought against GRANTOR in respect of any such acts or omissions of GRANTEE or its employees or agents. 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, successors and assigns and all covenants herein shall run with the lands affected thereby. �� n 1 I To: Town of Wappinger Drainage Easement 0.2361- Acre Parcel From: Andrew and Sophie. Nurczynski Town of Wappinger Dutchess County, New' York Beginning at a point, said point being on the easterly. line' of ,Valley,, Road, said point:. also being at the southerly corner of lands. now or. formerly Andrew and Sophie Nurczynski, Liber 1184, Page 72 ; thence leaving said point and running along the easterly line of said Valley Road, North 420 55 ' 30" West 100. 00 feet to a point; thence leaving said easterly line of Valley Road and running through said lands of Andrew and Sophie Nurczynski the following two courses and distances: North 470 10 ' 50" East 103 . 00 feet and South 4211 55 ' 30" East 100. 00. feet to a point, said point being on the southerly line of said lands of Andrew and Sophie Nurczynski; thence running along said southerly line of lands of Andrew and Sophie Nurczynski., South 470 10 ' 50" West . 103 .00 feet to the point or place of beginning, containing 0. 2361- acres of land. Paggi & Martin January 16, 1992 91-003 (88) i SCHEDULE "A" TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- oration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any either purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF.- ANDREW W. NU CZYN r SOF E C. NURCZYNSKI TOWN OF WAPPINGER by- STATE OF NEW YORK, COUNTY OF DUTCHESS SS: STATE OF NEW YORK,COUNTY OF ss: On the /y` day of A 0 Y 19 92,before me On the day of 19 ,before me personally came ANDREW W. NURCZYNSKI and personally came SOFIE C. NURCZYNSKI to me known to be the individual S described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed. the foregoing instrument, and acknowledged that they executed the same. executed the same. NOTARY PUBLIC JOAR E.D.E ME--' hidt;v PL'EIL n<iti6arr vw.L - STATE OF NEW YORK ) ss. . COUNTY OF DUTCHESS ) On this day of 1992, before me came . Constance 0. Smith, to me known, who being by me duly sworn., did depose and say the she resides in the Town of Wappinger, New York, that she is the Supervisor 'of the Town of Wappinger, the municipality described in and which executed the foregoing instrument, and that by order of the Town Board she signed her name thereto. NOTARY PUBLIC �3argaftt anb bale -�Beeb SECTION WITH COVENANT AGAINST GaANTOa's ACTS BLOCK TITLE No. I.aT ANDREW W. NURCZYNSKI and COUNTY OR TOWN SOFIE C. NURCZYNSKI TO RETURN BY MAIL TO: TOWN OF WAPPINGER ALBERT P. ROBERTS, ESQ. GELLERT & CUTLER, P.C. 75 WASHINGTON STREET POUGHKEEPSIE, NY Zip No. 12601 1 V u O eo a v 0 u u a 0 v b 7 y O L N 0. h N u � . i CORBALLY, GARTLAND AND RAPPLEYEA CHARLES J.CORSALLY(1966) 9ARDAVON BU$LDING FLORIDA OFFICE: JOHN J.GARTLAND,JR. 35 MARKET STREET 1499 GULF-TO-BAY BOULEVARD ALLAN E. RAPPLEYEA CLEARWATER,FLORIDA 33516 DANIEL F.CURTIN POUGHKEEPSIE,NEW YORK 12601 813.461-3144 FRED W.SCHAEFFER 914-454-1110 " STEPHEN G.WATTS,OF COUNSEL JON HOLDEN ADAMS ��"*' "MEMBER OF FLORIDA BAR ONLY MICHAEL G.GARTLAND RECEIVED VINCENT L. DEBIASE BRANCH OFFICE: PAUL D. SULLIVAN* FEB 2 190 BANK OF M1LLBROOK BUILDING - FRANKLIN AVENUE MILTON M.HAVEN ELAINE y SNOWDEN {�� h y MILLSROOKI NEW YORK 12545 JOSEPH F. HAWKINS* ELAINE N. SNOWDEN 914-677-5539 COUNSEL MEMBER WY,AND FLORIDA BAR February ebruary 1 , 1983 Town Board CONFIDENTIAL Town of Wappinger P. O. Box 324 Wappinger Falls, NY 12590 Re : Wappinger vs . Swan Dear Members of the Board: This litigation is still working its way through the courts . To recapitulate, the town commenced an action to determine title to an area of land at the end of Dorothy Heights._ Road which has been fenced in by the Swans . A survey undertaken for the town by Richard Barger confirmed that: the area in question was land of the town. The matter finally appeared on the trial calendar several years ago and at that time , the judge then presiding directed that the surveyors for each side should appoint a third surveyor, that the determination of the third surveyor would be binding on all parties, and the party against whom the survey results were determined would pay the cost of that third survey. This stipulation was subject to approval by both sides . Thereafter, Roger Mastri at Hayward and Pakan was selected by the two surveyors as the third surveyor and after meetings with both sides, he under- took his own survey and determined favorably for the town. There- after Mrs . Swan indicated she would move the fence and pay for the survey but inexplicably, she recanted and moved for an order setting aside the judgment which we had obtained against her on the grounds that her then attorney never fully explained the stipulation to her and that as a result, she never understood it . While we obviously would have no knowledge of what her attorney explained to her, she did during that period of time write a letter to the Town Board indicating her awareness of at .least one element of the stipulation, namely that the loser would pay the cost of the survey. The judge then directed that a hearing be held on the sole issue of whether or not the Swans understood and consented to the stipulation. CORBALLY, GARTLAND AND RAPPLEYEA Town Board Page - 2 - February 1 , 1983 The matter came up for a hearing on Monday and the court again suggested the parties consider settlement . Outside the presence of the court, the following proposal was submitted by the Swans as being a basis for settlement; 1 . The Swans, would concede to the town title to the real property which I have indicated as Area A in the annexed sketch. This would be subject to review by the Highway Department to determine that such area is adequate for their purposes (turn around) . 2 . While blacktopping the roadway now enclosed by a fence, the town would install a blacktop curbing along the line of the Swans and extending northerly approximately ten feet beyond it to control .drainage . 3 . A surface of blacktop would be applied to the Swans ' driveway. 4 . The existing fence would be relocated behind the curb by the town. 5 . The outstanding bill of the surveyor (Mastri, which is approximately $2 , 700) would be negotiated downward by the Swans ' attorney to $1 ,500 and the parties would split the cost of the same . It was my view that if the town could settle this without paying any. money directly, the settlement would be a suitable compromise as, subject to input from the Highway Department, it did not appear that the surfacing of the driveway would be a major cost item and could be done while the town is doing the work in the area to be taken over . However, they have indicated that they feel that the town should share in the cost of the Mastri survey if that is reduced. While that dollar exchange runs contrary to the concept that 7 felt was appropriate as a basis for settlement, 1 would note that if this matter goes to trial on the merits, we will call Mastri as a witness in view of his favorable findings and some moneys will be paid to him although it is not possible to ascertain whether or not that fee would approach $750 . Considering the foregoing proposal , you should take into consideration the following: 1 . There have been three surveys to date, two of which favor the view of the town. 2 . The court has not yet determined that there should be a hearing on the merits. The first stage is a hearing, now postponed CORBALLY, GARTLAND AND RAPPLEYEA Town Board Page - 3 - February 1 , 1983 until February 9th, the Swans convincing the court that they were not fully aware of the terms of the stipulation. In view of prior correspondence, they certainly had some understanding of it, and the remaining issue is whether they were misinformed or misunder- stood the balance of the terms of the stipulation. 3 If this matter goes to trial on the merits, the cost of the town will be substantially equivalent to what the costs of settlement are as outlined above in terms of legal fees, and additional fees for the surveyors . 4 . There is a possibility the court may have committed an error in permitting the matter to be reopened to the extent it has been . In determining which direction you wish to go, take into consideration that the foregoing terms of proposed settlement are subject to review and approval . Any modification you deem appro- priate can be taken into consideration in further negotiations with the Swans. The purpose of this letter is to outline the foregoing circumstances to you and to request a special meeting prior to February 9th (but not on February 7th) to briefly review the foregoing in Executive Session. - Perhaps a late afternoon session would be possible . Very truly your CORBA , G T D & RAPPLEYEA Jon lden Adams JHA/1h Enc . CORBALLY, GARTLAND AND RAPPLEYEA AftantRo Rnb �obuoflaxs 9 J CHARLES J.CORBALLY(1966) BARDAVON BUILDING FLORIDA OFFICE: JOHN J.GARTLAND,JR, 35 MARKET STREET 1499 GULF-TO-BAY BOULEVARD ALLAN E. RAPPLEYEA CLEARWATER,FLORIDA 33516 DANIEL F.CURTIN* POUGHKEEP5IE,NEW YORK 126011 813.461-3144 FRED W.SCHAEFFER 914-454-1110 STEPHEN G.WATTS,OF COUNSEL" JON HOLDEN ADAMS "MEMBER OF FLORIDA OAR ONLY MICHAEL G.GARTLAND VINCENT L.DfBIASE BRANCH OFFICE: PAUL O.SULLIVAN* BANK OF MILLBROOK BUILDING FRANKLIN AVENUE MILTON M. HAVEN MILLSROOK,NEW YORK 12545 ^ JOSEPH F. HAWKINS• 914-677-5539 COUNSEL 'MEMBER N.Y.AND FLORIDA BAR February 1 , 1983 Kenneth Croshier, Highway Superintendent CONFIDENTIAL Town of Wappinger Highway Department 20 Old Route 9 Wappinger Falls , New York 12590 Re : Dorothy Heights Road Dear Ken: As you know, we are still in litigation with the Swans regarding the fenced in area at the end of Dorothy Heights Road. A proposal has been made that the matter be settled by the Swans conceding to the town that portion of the road which the town actually needs. It would appear from a survey of the area (enclosed) that the town would have no interest in that portion of the road extending south beyond the current utility pole. If that is correct, would the Highway Department be satisfied with that portion north of the tele- phone pole? Additionally, I assume that you would pave the area being taken over and the thought was that it would not be very expensive to add a coat of pavement to their existing asphalt driveway. While this would normally be prohibited, since it is part of litigation, it could be undertaken, although I personally wouldn't recommend the same unless the cost is not significant. Additionally, there would have to be asphalt curbs .installed along the Swan line and perhaps ten feet of the adjacent neigh ors to keep water from flowing onto the lands of the Swans, and the fence would be relocated by the town behind the curb. Do any of these considerations present a significant problem? I need your immediate input on this as I have asked the ' Town Board for an Executive Session. When Executive Session is set, I will contact you, as you probably oul atnd the same . V ry tr y y urs, JHA/lh Enc . cc : Town Board Jon olden Adams „��',. I �/.. / -/ Ir ,,.r/�//r ✓: r/ I / r� L ”, ,,,,,r,... /1/r �i�/ �..,/rD��.. l�/ br/,Y r� r.. P "'wo" 4 b 'e'V)Z "j w�`i✓L7.,F�NYS k�saPr�',R✓J" f » b t � r I n r 7 r X d �.1 fir(//x> +'�lC1,r AF), w w1 � r z,Y✓l/c5 ( lF (Jr`)Fe'qd,ap'P�I') lb` 114 ,fir ., /,x? FI L/"'i"".. 10 f uF f r a+ TOWN OF WAPPINGER SUPERVISORS OFFICE MILL STREET WAPPINGERS FALLS, N. Y. 12590 LOUIS D. DIEHL SUPFRVI�op July 1, 1975 MPMO TO: BILL HORTON, HWY. SUPERINrITENDENT FROM: LOUTS D. DIEHL, SUPERVISOR RE: DOROTHY MIGHTS ROAD As of today some residents on -this road again fueding and complaining on property lines, individual, Town or whatever. This situation has continued and/or erupted from time to time for many years. We discussed it on various occasions and again I feel the only complete and positive solving of this situation is to have the road surveyed to establish the correct highway & Town of Wappinger rights. Install permanent markers. To re-surface the road and take all our highway rights for highway and/or turn around purposes. I urge you to expedite this long overdue problem where in my opinions (the Towns rights) for roadway has been used by some individuals, As I remember we agreed to this last year in substance and I do hope you planned on this in this year's budget and that physical work could start as of yesterday. tx-u-' 7 urs (V Louis D. Diehl Supervisor Town of wappinger LDD/Iftl CC: Thomas Logan Town Board Members - LAW OFFICE JOHN J.CURRAN OF _ 212-643.5406 " EUGENE U.DL VIVO - - 21;.{43.04 SD EUGENE U DE VIVO VINGENT'J. MARCELLINO - - - - - 212.643-5474 NiCHOLA9 G.GIANCiO,JR. 9 DEKAL6 AVENUE JAMES E. FINEGAN 212-643.5462 BROOKLYN, N.Y. 11201 212.6�a.a<6o DOMINICK GIORDANO JOAN D.ARIdLA 21:.643•6476 - September 20, 1974 - - xtz•6«.5<so A.JAMES BRODSKY, s1x.64a.�seq . . JAMES 1, AVDIFF12E D 510.561.6320 ROBERT BARRY - 2t 2.643.5406 Town of Wappinger Department of Highways Albany Post Road Wappingers Falls, New .York Re: Dorothy Heights Road ---Wappingers Falls Gentlemen: Please be advised that this office represents. The Dime Savings . Bank of New York, owner of premises numbered 50 and 60 Imperial Boulevard, Wappingers Falls, New York. The captioned road according to our title company' s report, is a .public highway but the use of said road over which access to and from the bank' s property to New Hackensack Road is sought has been denied the bank' s tenants by virtue of the fact that a portion of said roadway is unpaved and strewn with rocks and stones. We would greatly appreciate your looking into this matter at your earliest convenience and making Dorothy Heights Road acces- sible to the occupants of the Imperial Boulevard apartments for vehicular and pedestrian traffic. Please acknowledge receipt of is letter and advise. Thank. you. V y tr y ours, is iordano DG/dmc ` 1974 HIGH14AY DEPARTMENT TOWN OF WAPPiNGER p5� ...1 �'b.w �"4.1M,.�'ly.✓F '�iu ,":��,^°n*r�""Z`�:,,'4''.5"�4r+,✓"/ p. NA '„�'""° �. �+h�„4';;�,„u,. C.:m,�,�W�f�'" 'i"a,.�,,.-� �.,"..�X�,. '"a, �:w :�k�....,, ;tµ' ..�•�'. C,� �_, , �.,,, _,.�"r'°�°M.�„.�' �w'�^""�.. �:'�'�.,"„�.� :, ,w,�. Ck- , �. '� "xQ"""�e9°' ,..��?�t..�..�A,.,u,m.� "»�-x�„�.„A'"�...rti„�... "� , m ^� ��� ;„ "., � � "�.. w � �E'�'.� �,.. „'F•�w..F�;” �' LZ 601 4 RECEIVED 11 L 8 8 Lafayette Place xxxxxxxxxxx XX XX 0503 March 18, 1969 Mr. Arthur Swan Dorothy Heights Wappingers Falls, m,y. Dear Mr. Swan. I have received from the surveyor hired by the Town, a copy of the map Of 00rothy Helqhtg Road. This map indicates that the roadbed which Is deeded by dead recorded in Libor 585 of Deeds at paga5694 ,jn the Dutcheas County Clark's office, is correctly located an V It now exints. Thin is further bOrne out by the Uct that there are MePhOne Wes along the wide of the r0a, hi,tj are correctly located, It wOuld appear that your prorarty which was cold off later, actually Included a portion of' the ad no . As you are well aware, the Public used this roadway fax„ many yOars and it was not vrtil recanKy tvat you Off 1 rcrtfOr of the rre& ,,, This lettor in '+p, to jovime you thnt ,,,e "'ne " removed, T "12 he 05H700 tO request Lh* Town, Board t take appropriatc action t3 restnre the Town rom- to its former Use. Very truly yourq , Allan L. Rappjeyea AERzw cc: Mr. M110'a"", Mr. Diehl,, RECEIVED IMAR 1, `,) 1969 ELAINE H, SNOWDEN IL Y Tha Tewn Board Town of Wappinger M1110 Street Yall s, 1.1, I am wr4ing you with dread n n d hope : dread of what ti resent Situation.on our road may bring this winter; hope that you will be able to correct it. I have already contacted, personally or by tolophone, Mr. Kell,y, Mr. Ludewig and Mr. Linge. The situation. Is that the construction company,doing, AP WDrk in the newly annexed village property , have( Illegally, I belAve ) broken through the stone wall at the end of our dead-end road and are usirs E A for passage Of Lrucks over Mr. Marshall 's land to the conster uction site. I know that there Is a road mapped an the planner's map as a conbinuation of Dorothy Heights. However, I belfhe It Is not up to a private compan Tly, to bulld such a road. I also hhoujt that when anything like this Is to be donE by the proper authorities, the people on the road were notified, 1p r7n�'id hr-arin,L vas held, These trucks are of all sizes and kinds : dump trucks which raced. through for o er a weeQU11 I notified the Wappingers police : huge trailer trucks, carrying very massive, heavy equipment and suppliee of materlals. Terrific loads,This Is almost constanb. Our road has not beera.built for this traff1c. It Is narrow enough that In winter with lee and snow it is difficult for two cars to pass and sbill be an the road instead of an someone ' s lawn or driveway . Q frankly did not plan on that use for the driveway. 2. There is a very high crown on our road which an 1a) days causes side-slIpping. 3. The pavement (?) is sImply all over gravel . With just reEular tr,:,4,f'ftc, it qv'7, usually barely passable after one or two spells of deep freeze and thaw. What will happen when these trucks break througb the thin surface pavement? And then dig the holes deeper and deeper? Several times the trucks have kept to the middle of the road With the result that drivers must come to a complete stop or drive Into any avnilable driveway. Then there is a curve as you enter Dorotby Heights. The trucks, very long, must round this in such ,away that there Is no room for anything else. At the corner, as they make a lefb turn into New Hackensack Road, they turn in such a way that our—entry to ou#oad is completely blocked off, as we make a left turn into it. TwImI have been foreed to stand for 3 or 4 minutes since the truck Is held up by traffic toward route nine. This Is dan8erous. Now—�he really dangerous thinE since school started is that 30-35 youngsters must travel Als narrow road several times a dgy to reach the school bus. With ice and snow In the offing who knows what may happen? At present there is one regular school bus run down our road, with two or three more runs likely, With the narrow, high-crowned. road, it will be practically impossible for the huCe trucks and the busses to pass . I hope that you can find a solution to help us If these trucks continue to use this road. We all will be very appreciative of a' help you may give. Very truly yours, A. c�z BRENT AND PHILLIPS ATTORNEYS AT LAW MACK BUILDING ROUTE 59 SPRING VALLEY, NEW YORK 914 356-4600 'PHILIP D. BRENT NEW YORK OFFICE. MAURICE PHILLIPS 565 FIFTH AvENUE DANIEL GUTENPLAN NEw YORK. NEW YORK 10017 RICHARD W. ROSEN 212 MU 7-2616 $RULE A.ROGERS November 16, 1966 Town Board Town of Wappinger Main Street Wappingers Falls, New York Re: Dorothy Heights Road Gentlemen: 1 note from your local.` newspaper that the Town Board of the Town of Wappinger has adopted a resolution declaring Dorothy Heights Road a deadend road for the purpose of preventing the use of such road by the owners and tenants of Wappingers Apart- ment Corp. , Wappingers Apartments Corp. 2nd and Wappingers Apartments Corp. .3rd. Please be advised that as taxpayers and residents in the Town of Wappinger, whose premises front on Dorothy Heights Road, we insist upon our rights to the use of such road and under no circumstances do we waive or relinquish any such rights. We call upon you to rescind such resolution and to complete the surfacing of the road up to our. boundary line. Yours truly, aur ce Phillips MP:msc cc Quinn & Reilly Esqs. Mr. Mortimer Gordon RECEW D NOV 17 1966 ;�. 'r BRF,NT AND PHILLIPS ATTORNEYS AT LAW MACK BUILDING ROUTE 59 SPRING VALLEY. NEW YORK 914 356-4600 PHILIP D. BRENT NEW YORK OFFICE- MAURICE PHILLIPS 565 FIFTH AVENUE DANIEL GUTENPLAN NLW YORK, NEW YORK 10017 RICHARD W. ROSEN 212 MU 7-2616 BRUCE A. ROGERS September 8, 1.966 Town Board, Town of Wappinger Main Street Wappingers Falls, New York Re: Wappingers Apartments 2nd Corp. Gentlemen: This office represents Wappingers Apartments 2nd Corp. the owner of premises at the southerly end of Dorothy Heights Road. The corporation has under construction an apartment house on its premises and when completed the only direct access to such apartment house would be through Dorothy Heights Road. We herewith put you on notice that said barrier must be removed. The Town of Wappinger has no legal right to bar my client or its tenants from access to such road. Please advise the undersigned as to the action to be taken by your Board in regards to such barrier. Yours truly, BRENT AND PHILLIPS A", MP-.ns M irice Phillips CC: Wappingers Apartments 2nd Corp. Attention: Mr. Mortimer Gordon R,Eck.,_J c/o Morris Rosen & Sons, Inc. 192 East, 151st Street SEP 1966 Bronx, New York HANE K 00aber 3 , 1966 "Mr. J . Fultony SUTCrY Tvvn of Aso P Dr. Qu 1 tnn-. I o sing u pu L 1 L Wn M wd by residents of Dorothy Heigbta onposing the opeping of nuT WAG-ond rowd" Ps � n Pcccs2 road to the Bigh-Mvp Wrtmont project . Two Umilies opposinj,��, the openlnA 2re nwvy on vadation9 tberofore , wcrf,", unablc to sian this petition � K thiH time . A rerra2—t, tion V kh , ra"identn sill Mond Thursdoy v a mevtKk,;. You z Vow ON a A JU A tho residents of Dorothy Heights object to the opening of the rcad an acceov for the high-rive nCi" rtmont project , nnd strongl,",' urge that the Toun Toprd uphold their decision to rot; ir this rokd MM-end otroet" ; inasmuch as ingress to the anpaxed ar= was not in tb,,-,, Sito 'We were poeviously asrs.rod both by Village and Town Zonin,lql Puthorities t h A the anDeNctionAM not affect Dorothy H ights. A objeK to the illegal openinq of the roA bec�use of the trMic huzurds , and So deproci-tion in valaMon of our homes and propertq . Ile A& lip) yw 61 � 30 y Tlk IN 1 mV o r in Kno y d in r x r A 'i', )f i",h e Oren . Q n; r � A t , N,;'j W r , ti its" 4 i RECEIVED JUN 1966 ELAINE H. SNOWDEN Dorothy Heights, Wappingers Palls, N.Y. June �, 1966 . The Town Board, Town of Wappinger Mill St. Poughkeepsie, N.Y. i Dear Sirs, At a wee;ting of the town board last fall,, held to determine the status of the Dorothy Heights Road, the residents were assured that the road would be maintained as a dead-end road and that truoRs not deliver- ing to houses on the road, would. be kept from our road. We were assured that the Imperial 'Towers site plans called for no use of Dorothy Heights .Road. That was In the fall when construction. on the high-rise apartments had stopped for the wimter. Now that work has started up again, we have workmen and truck: on our road--trucks far over the established. weight limit. T do hope that we are not going to have to wait -until fall. to have action. There is now a. road into the construction site. T can see. rj.o reason for the use of :Dorothy Heights i-n any way exdept by actual residents. Ever. today, Sunday, several passenger cars went 'through, using the road as an entrance to Imperial Towers. Trucks owned by Dave Alexander use the road as entrance and exit. A truck owned by Louis Dantele of Millbrook also uses the road regularly, Workmen enter and. exit by the road. Most of them come after 7300 A.M. when T leave for school. There is one licensed5989DC which T meet every morning on my way out. There is another cE,-, license 8901 DU which enters at around 7 :30 A.M. and exits regularly about 4:30 P.M. A jeep, 2G 11533 , travels back and forth. There are several 1 cars whose license plates are so dirty that they ares . ill.egible. l have called in this Information but trucks and cars are still using the road for access and exit, Traffic in June last year was not too heavy, but when we returned from vacation in July, truck traffic was constant--- huge trailer trucks which ran cars off the road. Children were far from safe. A deputy was :f'ina'lly posted to eliminate the problem. As soon as the driver& learned of his hours, they regulated their exit and entrance to times that he was not on duty„ Please do not let this happen again this year. NOW is the time to stop this traffic. Please make the road what it has been and should be----- a. residential street with aece:ss only for actual residents of the street. Pleas: don't let the company and its em- ployes refuse to abide by the decision, of the town board and its lawyer, Very truly yours, (Mrs . Miller Clearwater) Coples to : Mr. Reilly Mr. Bul_ge r Mr. Fulton Mr. Diehl W 'A2 w m d4- AA a . w ., ; gym " � w " c 7 ,1 � � Dorothy Heights Wappingers Falls, N.Y. October 2 , 1965 Town of Wappinger Planning Board T own Hal]_ Mill Street 6 NeYork Wappingers Fallu, 0.m Gentlemen: si,,, ,,Iy june the resiaenta of Dorothy Hoights have been perturbed over the illegal opening of our "dead-end'' road by the aevoicpar of the newly annexed urea of the village. When the public hearings were being hela an this annexationg residents of Dorothy Heights were assured that they would not be effected. However, without any advpnce notice to the residents of the strcet , the developer destroyed th.o stor.e J. 7 boundary which aajoins our town road. yown officials were not aware of this, until residents questioned the move with great objections. I ,.sonaily discussed the matter with Mr. Lude-wig in May who stated that thare definitely were no plans to open up Dorothy Heights . Dorothy Heights is definitely not wide, enou.",,"n for heavyj two-way traffic, und especially for the huge construction tracks ana delivery trucks that have been travelling the road since J un e. must resort o private driveways to mAke way for them. Workers driving to and from the construction area speed aroundi the blind corner at the foot of the hill causing the children that walk to and fr(.,)rrj bus stop to acytter in all Arections. Town ana school authorities hvve been notified of the hazardous conditions by many of the residents, bat no definite action has been taken to preserve our road and tact ect the resiaenn. I enclosed letter to Mr. UnEe brought only ry temporary relief of truck traffic for approximately two days. School authorities have chosen to protect a certain few children by running the buses into the road ana picking them up at their houses. Hovever, the majority of the children are still subjected to these hazardous conditions by having to walk to the corner. I might mention that the Toun 111ghway Dept . signs whic1). read "Dead-End" and " Children ut Play" are now obsolete as the street has now become a public thoroughfare. It is inerred.iblo that an oat-of-town developer can be ullawod to open up a "dead-end" road for his convenience at taxpayer' emenscs. In view of the above , I am requestiag be taken for the benefit of oil concerned. 'Yours truly, -Estelke Zak 14yAn 2 MM Or 'fta .' PR.oad I X. 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I L +Lloo1 ;; �Y. * ;. ` Dorothy Heights Wappingers Falls, N-Y- September 309 1965 The Town .hoard 'down of Wappinger 14111 St. N.Y. � Wappingers Fallsy Dear Sirs, la controversy which arose in June Ing momentum- Our the Use Of hroad ois The is gain lawyer to by trucks and construction people plainly marked dead-end- settle 1 do not think that it takes a p just commonsense* le should have known. settle this-- lace, the construction peop it is a require- In the first p usually it what road they could reach their work, before work starts In meat that a road be put through the property both is the village the second place, dere are two mairohutehn.ine�through the which give access to the property apartments already built and from New Hackensack Road*} to open up a More they bull.-dozed the wally which they dead-end road, who gave them permission? A stone wall. always has de of all of been a boundary line, before a few endanger the lies and property and not 'today, those people must sschosezifewation for others! us here, gust to accompl.�.sh their think of themselves as will end. ht of the trucks with their loads, on It- eventually the weight ec�� le living keep of it. eventually render thandrhaveipaid,taxesible ffor the pup it legally and the people who p��y, ress, but let 's do g No one wants to retard pregto decently : not run helter-skelter over the rights of others accomplish it . Very truly yours, Miller Clearwater Copies t© Mr. aelily