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Teroma Construction Corp. Subd. Consultinq Engineers Horne: MAin Office; 274 ALI,ANGELS HILL ROAD 90 EAST MAIN STREET WAPPINGERS YALLS, N.Y. 12590 WAPPINGERS FALLS, N.Y. 12590 1)hom 297-3935 Phone, 297.6272 April 24, 1979 4, '9 Qftt Jon Adams , Esq . Corbally, Gartland & Rappleyea Bardavon Building 35 Market Street Poughkeepsie , N.Y. 12601 Re : Teroma Construction Lot No. 1 Map No 4852 and Stephen Schofield Lot No. C-12, Section B C f Ardmprl�, s 2 QA Dear Mr. Adams ; Enclosed please find copies of tura {2 ) letters relating to the above captioned plot plans . They are self-explanatory and your written advice is soli- citated. Very l yours EngiV1pE. lapa �p � e'r to th Town of Wappinger REL/Ir cc: Town Board cmpC":` V 59 ACADEMY STREET 4 POUGHKEER51E, NEW YORK 12601 L-EO M. RITTER JERARD S, HANKIN (914) 471-7171 1 JOEL. 0, HANG April 18, 1979 '9r. Rudolph P . La.par, P.P. Town Engineer 'I'o m of Wappinger Town Hall .::.r -VIII 0 L't' '* t Wappingers Falls , NY 12590 Re : Texoma Construction Lot No . 1 �Ja.p No. 4852 Dear Mfr, Lapar: This is to confirm our conversation in which I am re- questing confirmation that you will not require any notes on any Plot Plan or Survey for the above referenced Lot submitted to the Town of Wappinger for either building permit or certificate of occupancy , other than those notes contained on filedmap #4852 . As you well knew, any possible rise in elevation of the Pond found on the property is not the problem of. the Town of Wappinger, and the Town cannot now impose re- quirements on the owner of the property which were not imposed at the time of subdivision approval . Pursuant to my advice , my client has delayed commenc- ing any action against the Town of Wappinger so as to await the outcome of Valvo vs , Town, of Wappinger which was pending in Supreme Court, Dutchess County. As you know this case has now been tried, and it has been the declaration by the court and the jury obsolving a muni- cipality of responsibility or liability for any wording which may appear on a lot for which subdivision approval- was granted. RITTER HANKIN Attorneys at Law 59 Academy Street Poughkeepsie , NY 12601 LEO M. RITTER JERARD S. NANKIN, (914) 471-7171 JOEL D. HANIG Page 2 As my client has waited long enough to be allowed to use his property for the purpose for which it was subdivided, I would ask that ,you confirm in writing to me that there shall be no further requirement that he place any notes on any plot plan or survey submit- ted E,' „ flown for either buil(hnp permit ar certx.f'i - "'. cate of occupancy other than those notes or indica- tions made on the subdivision map which was approved by the Town of Wanpinger on. March 15 , 1976. Please endeavor to reply to this letter accord- ingly within the next ton days . Trusting this is satisfactory. Sincerely, RITTER F; F[ANKIN ;...�" J TL D HANIG JD11 : dm �, Y 5F3�Y STREET f f POUGHKEEPSIEP NEW YORK 12601 LI-O M. CRITTER ,JERARD 5. HANKIN (914) 471,7171 (JOEL 0. HANkG April 18 , 1979 Mr. Rudolph E. Lapar, P.E . Town Engineer Jown of Wappinper Town Hall Mill Street Wappingers Falls , NY 12590 Re: Stephen Schofield Lot No. C-12 , Section 13 F, C Map of Ardmore fli l is Map No. 2 614 Dear Mr. Lapar: This letter is written so that you may review your file , in view of the recent holding of the Supreme Court, Dutchess County, in the case of Valvo vs . Town of Wappinger. The holding of both the Court and .Jury in that case was clear that a town was not .responsible or liable for water entering onto one ' s property from any adjoining promises , and you may confirm with the attorney who represented you in that matter that a property owner has the right to use his premises in a reasonable manner. The building of a houseift '.a subdi- vision on a lot which has been previously approved does not create any unatural watd.r condition , and the town cannot require any additional requirements for drainage other than those which were set forth on the approved subdivision map . Accordingly I would request that you review your file so as to confirm for me that you will not require any notes on any plot plans or surveys submitted to the Town of Wappinger to obtain any building, permit or certificate of occupancy other than those set .forth on the original subdivision map and that no further re- quirements for development of the property an erection of the house hereon will be required. RITTER & HANKIN Attorneys at Law 59 Academy Street Poughkeepsie, NY 12601 LEO M. RITTER JERARD S. HANKIN (914) 471- 7171. JOEL D. HANIG Page 2 Please endeavor to have your respanse to this of- fice within ten days from the date of this letter. Trusting this is satisfactory. Sincerely, RITTER HANKIN 1 r JOEL D. 1IAN I G jD11: (Ini PLANNING BOARD -rOWN OF WARPINGER TOWN HALL eo WAPPINGERS FALLS, NEW YORK 12.590 TFu_ 297-6257 March 24th, 1976 Mr . Don Saraceno Teroma construction Corp. Clove Branch Road Hopewell Junction, New York 12533 Dear Mr . Saraceno: At their March 15th, 1976 meeting, the Town of Wappinger Planning Board adopted the following resolution: WHEREAS, an application for final approval of a subdivision plat entitled "Subdivision Plat, Teroma Construction, Town of Wappinger, Dutchess County, New York" was received by the Town of Wappinger Planning Board on March 15th, 1976, and WHEREAS, a final public hearing is waived by the Town of Wappinger Planning Board, and WHEREAS, the requirements of the Subdivision Regulations of the Town of Wappinger have been met by said subdivision plat and application, except as noted below, and WHEREAS, the conditions of the preliminary approval of said subdivision plat, granted by the Town of Wappinger Planning Board on March 15th, 1976, have been met, except as noted below. NOW, THEREFORE, BE IT RESOLVED THAT the applicat-ion of Teroma Construction Corp. for approval of said subdivision plat, prepared by Richard N. Carlson, L.S . , and dated revised 29/January/76, be approved subject to the following conditions, and that the Chairman be authorized to endorse approval on said subdivision plat upon compliancc- with said conditions by tho applicant, which conditional approval shall expire six months from the date of this resolution if the applicant has not complied with the conditions set forth. Upon completion of all requirements set forth in the action approving the Subdivision Plat, the Plat shall be properly signed by the appropriate officers of the Planning Board, and shall be filed by the applicant in the office of the County Clerk in accordance with the requirements of Section 278 of the Town Law. PLANNING BOARD IrOWN OF WARPINGER TOWN HAL-L WAPPINGERS FALLS. NEW YORK 12590 TEL, 297-6257 Mr . Don Saraceno, -2- March 24th, 1976 Any Subdivision Plat not so filed within ninety days of the date of Planning Board signature shall become null and void. 1 . Approval of the Dutchess County Department of Health shall be obtained. 2 . High water level of the pond shall be indicated on the plat. 3 . Downstream drainage fee of $200 .00 per lot shall be paid prior to the signing of the plat . 4. Driveway permits shall be obtained from the Town of Wappinger Highway Superintendent prior to the issuance of a building permit. 5 . Four copies of the filed map shall be submitted for Planning Board files . Said copies shall be obtained from the Dutchess County Clerk ' s office . Very truly yours, (Mrs . "Betty-Ann Russ, Secretary � Town of Wappinger Planning Board br CC : Sylvia J . Anderson, Zoning Administrator Richard N. Carlson, L.S. William P. Horton, Highway Superint ndent Rudolph E . Lapar, Engineer to the Or= New Hackensack Fire Company 7 Ealine 11. Snowden, Town Clerk PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12599A 7 ,00 01 rt TEL. 297-6257 March 24th, 1976 Mr . Don Saraceno Teroma Construction Corp. Clove Branch Road Hopewell Junction, New York 12533 Dear Mr , Saraceno: At their March 15th, 1976 meeting, the Town of Wappinger Planning Board adopted the following resolution: TENTATIVE APPROVAL IS HEREBY GRANTED to Teroma Construction Corp. for subdivision as shown on map entitled "Subdivision Plat Teroma Construction, Town of Wappinger, Dutchess County, New York" , prepared by Richard N. Carlson, L.S . , and dated revised 29/january/76, subject to the following requirements : Within six months of this tentative approval, the applicant is authorized to submit an application for approval of a subdivision plat in accordance with Article II, Section 22; Article III, Section 30; and Article IV of the Subdivision Regulations . in addition, the application must meet the requirements of the Town of W-appinger Zoning ordinance. In addition, the following improvements, reservations, changes, and requirements are pre-requisite to the approval of the plat. 1 . Approval of the Dutchess County Department of Health shall be obtained. 2 . High water level. on the pond shall be indicated on the plat . 3 . Downstream drainage fee of X200 .00 per lot shall be paid prior to the signing of the plat . PLANNING BOARD TOWN C3F WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TrL. 297-6257 Mr . Don Saraceno -2- March 24th, 1976 4. Driveway permit shall be obtained from the Town of Wapp.inger Highway Superintendent prior to the issuance of a building permit_ Very truly yours, {Mrs. etty-Ann Russ, Secretary Town, . of Wappin.ger Planning Board bx cc: Sylvia J. Anderson, Zoning Administrator Richard N. Carlson, L.S. William P. Horton, Highway Supe intendent Rudolph E Lapar, Engineer to e Town New Hackensack Fire Company Elaine H. Snowden, Town Clerk f, 'I1�0i'Bc .This application shall conform in all respects to : Application No. ...:.. ..... .. ...... the Land Subdivision Regulations of the Planning Board � _ of.the TOWN OF WpGI Fee Received .. .., ....: � ,.. ,....�� y It shall be submitted n duplicate,p , with fe+rr~black and white prints of the preliminary layout of the subdivision. Bye. .. Date,/,/ , F PLANNING BOARD OF TOWN OF WAPPINGER .... ................. ................. . rr PRELIMINARY LAYOUT APPLICATION FOR SUBDIVISION OF LAND 1. Proposed Name of Subdivision ��. , CYC .. -.,l.a. ........... ... „ , . ...... .. .. 2. :Ass Location of Property : �.�`�V G�. X U M 4-4. 1? Tax Section. ._7 . ., �... �k:... . .. Lo ........ ...................................... P Name and Address of Record Owner .�{,.�}�... &Lncia,ej1)1.5-2: } .....scl h If Co oration, give name of a ent .' ... rQ�Q ��.�1 � ......g ......... .... . ............................ . . ..... ....,,•.,,. .,......,.....,...,;.,.,. , 4. A statement of liens, mortgages, or other encumbrances is attached hereto. (If none, so state) ,,. ', 5. A statement of any easements relating to the property is attached hereto. (If none, so state) 6. . Deed or deeds recorde County Clerk's Office: r Dat ........... Liber .. .� .��. �.., :. ..:. . .. •. Page .....,• . •.............. .• .,..,,.. X 7: I own or have an interest in abutting property as stated on the attached sheet. (If none, so state) ....... ..,-1�3, 8, Name, Address and License Number of E -rover or Land Surveyor ���:�.���.. Z � �, ,�>.•" ...�nkqls 9, According to the Dutchess County Soil Survey, the following soil.types are found on this,property: t , saw 1LP, Tisza property is in the . .. , .,,..... 1� Zone. ilE. Preliminary Layout covers a Approximate number of lots 12. Does owner propose to submit Final Subdivision Plat to cover entire Preliminary Layout, or file same in sections? I3, Does the Preliminary Layout cover the entire holding of the applicant? 14. Does the applicant propose to dedicate to the public all streets, highways and,parks sh" on the Preliminary Layout? .:.......: , : o.....:... : ... ................ . . .. 15. Give number of acres which applicant proposes to dedicate to public use for park and/or playground pur poses Ij 16. Does owner intend to request any waivers of the requirements of the Land Subdivision Regulations of this Board upon the submission of the Final Plat for approval? If any waivers of requirements are to be requested, list them and give reasons why such requirements sho iId be waived. , ....................... ... r ........................... ..,........ . ...... ........ ... ...... .....:::::....... . .. :.... ... .. ....... .... . ... (Signed)•,,�; ,:.� .._ � , . Owner qBy. .. ........... .................... , .......,........ ,,,.,, Dated: ...... :Q< z ;v; _ 2 _ It 10.