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020 l1iC" PAGGI. MARTIN & DEL BENE LLP Consulti~ Engineers & Land Sun:eyors 02-0 April 6, 1999 RECEIVED APR 08 1999 ~g~HOFWAPMNG~~ 54-56 ~Iain Street poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) Town Supervi&or Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 ;. Attention: Constance O. Smit~ Reference: MacDonald Property Dear Supervisor Smith: At the Town Board meeting on March 8th, 1999, we were asked to review a letter written by John MacDonald to the Town dated February 23rd, 1999 regarding charges to the Wappinger Sewer Improvement Area No. 1 and the Wappinger Sewer TransmissionlTreatment Improvement Area, Phase 1. Mr. MacDonald lives just north of Myers Corners Road with no frontage on Town and/or County Roads, a~d no direct access to a sewer line. It is obvious that at some point in time, the then Town Board decided to reduce his sewer charge for Wappinger Sewer Improvement Area No. 1 to 1/3 of a benefit unit. I can only assume that this was because there was no direct access to a sewer line. At the present time, there is still no direct access to a sewer line; however, Mr. MacDonald raises the question of why he is charged a factor of 1.0 (or 100%) for Phase I of the Wappinger Sewer TransmissionlTreatment Improvement Area. This is a question the Town Board will need to discuss and come to some type of a decision for the MacDonalds. If you extend the logic that the former Town Board used, the percentage should be reduced. However, I believe this should be a decision made now and past practices should not be relied on. In his memo, Mr. MacDonald used some analogies to the Cranberry Hills situation. There are some differences between his situation and Cranberry Hills, and they are obvious. The reason that Cranberry Hills assessment was temporarily reduced for Wappinger Sewer Improvement Area No. 1 was due to lack of capacity, not availability of the sewer line adjacent to the property. Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr.. P.E., L.S. Charles R. Del Bene. Jr., P.E. .-1 .. Constance O. Smith RE: MacDonald's Property - 2 - April 6, 1999 Mr. MacDonald also states that there was at some later point in time a sewer line laid from Oakwood Knolls to the rear of Cranberry Hills property. This is not correct either, and it is definitely not why Cranberry Hills has been assessed a factor of 1.0 01' (100%) fCJr the Wappinger Sewer TransmissionlTreatment Improvement. I think the main question to address is whether Mr. MacDonald should be charged a ratio of 1.0 (or 100%) for the Wappinger Sewer TransmissionlTreatment Improvement Area. We should discuss this at our next Thursday meeting. Very truly Your~s .~E' ~h E. Paggi, J . . JEP:law cc: Albert P. Roberts, Esq. w/enclosure