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PAGGI & MARTIN
Consulting Engineers & Land Surveyors
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54-56 Main Street
Poughkeepsie, N ew York 12601
914-47 1-7898
December 14, 1995
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Town Supervisor
Town of Wappinger
P.O. Box 324
Wappingers Falls, New York 12590
Attention:
Reference:
Constance O. Smith
Denardo/CL Y Realty
Dear Supervisor Smith:
As an outgrowth of our telephone conversation today, it is my
understanding that the Town is now being asked what the builder of the
above lot has to do to obtain a Certificate of Occupancy for that lot.
Please note for the record, that we have originally approved the
Preliminary Plot Plan on July 14, 1995. The driveway width as shown
on that plot plan ranged between 14'-15'. The driveway was also
labeled as blacktop.
When the Final Plot Plan was completed and submitted on November
17, 1995, the width of the driveway turned out to be 10' wide, which is
not in conformance with the approved Preliminary Plot Plan.
It would be my recommendation, that the driveway should be
constructed to the width and dimensions as shown on the approved
Preliminary Plot Plan to facilitate access to the property. If the driveway
was built as proposed back in the July, the plot plan would have been
approved.
A way of rectifying this at this point in time would be to have 2' of
blacktop added to each side of the driveway making the total paved
width 14'. A l' shoulder on either side of that would bring the entire
width to 16', which would be in compliance with the Zoning Board of
Appeals decision.
If there are any other questions, please do not hesitate to contact this
office.
Ver ruly yours, _./J ~
C ~dr:. ))
oseph E. Paggi, Jr., P. .
JEP:law
cc: . Don Close
Don Keller
Albert P. Roberts, Esq.
Joseph E. Paggi,Jr., P.E.
Ernst Martin, Jr., P.E., L.S.
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VERGILIS, STENGER, ROBERTS & PERGAMENT
ATTORNEYS AND COUNSELORS AT LAW
]611 ROUTE 9
WAPPINGERS FALLS. NEW YORK 12590
(914) 298-2000
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GERALD A. VERGILlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
IRA A. PERGAMENT
ANTONIA T. LUCIA
JOAN F. GARRETT**
THOMAS R. DAVIS
CHRIS MULARADELlS
FAX (914) 298-2842
LEGAL ASSISTANTS:
DALE O'DONNELL
AMY E. WOODARD
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(914) 452-1046
* ADMllTED TO PRACTICE
IN NY & FLA.
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
**ADMllTED TO PRACTICE
IN NY & CONN.
January 10, 1996
Mr. and Mrs. Donald DeNardo
190 Smithtown Road
Wappingers Falls, NY 12590
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Re: Town of Wappinger
190 Smithtown Road
Issuance of C/O for New Home
Dear Mr. and Mrs. DeNardo:
This letter will confirm the proposed terms (subject to Town Board
approval) for issuance of a C/O for your new home as discussed at
the conference held at Supervisor Connie Smith's office on January
9, 1996 at 3:30 P.M. In attendance were you, Supervisor Smith,
Joseph E. paggi, Jr., Town Engineer, your builder, Gus Angelo and
me.
The Building Inspector has refused to issue a C/O for several
reasons; however, the discussion at the conference centered on the
difference between the approved Preliminary Plot Plan and the "as
built" construction. Last winter, the Town of Wappinger Zoning
Board of Appeals granted a variance to Cly Realty Corp. to permit
the use of a private driveway to access three separate parcels
owned by Cly. The lot you purchased from Cly was the interior-most
lot of the three, which required construction of a driveway through
the other two lots for access to smithtown Road. Subsequent to the
issuance of the variance, a Preliminary Plot Plan, prepared by your
Engineers, was approved by the Town Engineer on July 14, 1995. The
driveway shown on the Preliminary Plot Plan ranged between fourteen
to fifteen feet and was labeled as "black top."
A Final Plot Plan was completed and submitted on November 17, 1995
with the width of the paved driveway showing ten feet wide and the
house constructed in a different location at a different elevation
than shown on the Preliminary Plot Plan. In other words, the site
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as' constructed did not conform to the approved preliminary Plot
Plan.
In order to resolve this impasse, the Town, without prejudice and
subject to Town Board approval, will accept the following:
1. The driveway constructed from smithtown Road through the other
two lots owned by Cly Realty to your lot line will have to be
blacktopped to fourteen f~et wide.
2. The expansion of the blacktop to fourteen feet through the
other two lots will not be required until construction is commenced
on either lot. (However, if construction is commenced on the
second-most interior lot first, the driveway will have to be
expanded to fourteen feet through both remaining lots.)
3. A Release/Discharge/Indemnification Agreement, in form approved
by me as Attorney to the Town, must be executed in favor of the
Town of wappinger by you releasing the Town from any liability
whatsoever for your failure to build your home and site
improvements consistent with the approved Preliminary Plot Plan.
4. To implement the above, a formal document (in the nature of a
Declaration of Covenants and Restrictions) will have to be executed
by you and Cly Realty Corp., and recorded in the Dutchess County
Clerk's Office prior to issuance of a C/O.
5. You must comply with all other requirements of the state
Building Code and Town of wappinger zoning Law.
If this solution is acceptable, please have your attorney contact
me so that details on the necessary documentation can be discussed
and submitted to the Town Board for approval.
Very truly yours,
STENGER, ROBERTS & PERGAMENT
/AL ERT P.
APR/la /
cc: Hon. Constance O. smith~/
Mr. Donald J. Keller, Building Inspector
Mr. Gus Angelo, Presidential Home