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036 I PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 03({) 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) June 29, 1999 RECEIVED JUt 0 1 1999 ELAINE S rOWN NOWDEN CLl:'RK Acting Zoning Administrator Town of Wappinger P.O. Box 32.4 Wappingers Falls, New York 12590 Attention: Mark Liebermann Reference: 35 Hamlet Court Dear Mr. Lieberman: I am in receipt of your letter to Rich Stephens regarding the above referenced site dated June 28th, 1999, and would advise the following: 1. Your second paragraph states that the wall may be being built on Town property. Please note that the easement is in all likelihood not Town property, but does give the Town specific rights to install and maintain the sanitary sewer line. It also probably prohibits the Owner of the property from doing certain things within the confines of the easement. 2. It appears that a determination needs to be made by the Town as to whether or not this wall is within the Town easement, and if it is determined that it is within the Town easement, what will need to be done with the wall. 3. In order to accomplish the above, it will be necessary for the Town to layout their easement as it relates to the wall. This will need to be done by our office and would require some surveying. 4. I would next recommend that the Town Attorney get a copy of the ()(JSernEHlt document to deter mine Wlle;t rights, if any, the Town has or does not have. 5. At that point, the Town could determine what should be done with Hie wall. To do this, an inspecLion will need to be made by the operators of the Town sewer systern, our office and in all likelihood, someone from your office. Jc:sr,ph E. Pl'tt~i, Jr., P.!~. lomsl Merrin, .II'.. P.F.., L.8. Charlc's R. Del Bene, Jr., P.E. 1 : : .C._. :-:,:.~,,~::;~:; Mr. Mark Liebermann RE: 35 Hamlet Court - 2 - June 29, 1999 After reviewing the above should you have any questions, please do not hesitate to contact our office. We will wait to hear from you prior to performing any work. Very truly yours, ~ Jttg~r~ t JEP:law cc: Hon. Constance O. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden Albert P. Roberts, Esq. Graham Foster Dare Fitzpatrick, Camo