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1999-05-24 .j 29 Split Tree Drive Wappinger Faile, NY 12590 May 24, 1999 RECEIVED NAY 2 SUH 4 1999 'rIOIA~f' v I()~I-i''''' II my OF ~ u UFFICE 'AfJPINGER Connie Smith Wappinger Town Supervisor PO Box 324 Wappinger Falls, NY 12590 Dear Mrs. Smith: I am writing this letter in regards to my house flooding from the curb around my property being destroyed. It has been 2 months and I have still not heard anything from the town. I feel I have been very patient and fair in dealing with this situation. The facts are that I have been here for two years with no water problems. The first rain storm after the curb was destroyed flooded my basement. Weather reports will show that we have had days with more substantial rain then that day And I still had no problems with flooding. I have pictures to show the excessive water and a video of rain going on to the property when the curb was broken. I know there is a board meeting on May 24, you have had more then enough time to make a decision in this matter. I am asking the town to be responsible for the carpet I had to replace, the bill for the plumber, and for the fans to dry out the basement If the town will not due this, I will take you to court for the full amount of damage including repainting, new molding, and the paneling that needs to be replaced. J think I am being reasonable, you have had plenty of time to decide. If I do not here from you by May 27 I will assume tour answer is no and we are going to court. Enclosed are the bills I expect the town to be liable for. If there are, any questions feel free to call me at (914)-298-2061. Sincerely, A.+~ Scott Sabatelle APR-07-99 WED j7:06 ~C&N CARPETS .........-......wL. 'Jt.;;~ ~ ~- BC&N ~~rpet5, It\c. 3~ Sou~h Pla~k Road ~ewb~rsht NY 12550 Voice: FiilX: 914 :;fi~-7500 914 565-7534 Sold To: :)(.:ott Sdb"-1t~elle 20 Split Tree Drive w~ppingers Falls, NY Customer 10 5abatelle Sales Rap 10 Quantity Item 63.00 Reward-05 Ship to; 12590 ~j_~ 565 75lala I --+- ---- I .~ I .__ ..~l1tp Date Customer PO R-4927 .---_. Shippio9 Method .'_ Deli -.,er "--:..::.-----_. - ---=.---=-.....=-:- .-::........--:.--~~ ~~ .- .. +_~___._ Descrlption : 12 x 47.2 - #13 Slate ...-_.. .--- . -_._- ..--- -_.' Check No: <;927 04/07/99 16:01 P.laj Invoice Invoice Number: ?,-I\ 92 7 Invoice Date: ;\p r -.1 : ';1 ? y Page: L Payment Terms C.O.D. Unit Price 23.95 Subtot<.1l Sales Tax Total Invoice Amount PaYI'l'lent Received TOTAL TX/RX NO.5612 Due Date ':./1/'~9 Extension l,50iL8S' _,jG;~.~:) ", {J '~J _ J ~, ~ I ;.~ 1 8 . 2. ;~ 3;)(..'. C,:. .:, :...:~ . '2~) P.DOl . 227 FEDERAL RD., BROOKFIELD, CT. 3467 RT. 6, MIDDLETOWN, N.Y. 532 TEMPLE HILL RD., NEW WINDSOR, N.Y. 1419 RT. 9, WAPPINGERS FALLS, N.Y. 9 RYAN DR., HOPEWELL JCT., N.Y. 11 WASHINGTON PLACE, N. WHITE PLAINS, N.Y. 38 ARGONNE RD., BREWSTER, N.Y. 2371 ROUTE 202, PEEKS KILL, N.Y. 205 E. THIRD ST., MT. VERNON, N.Y. 90 FEDERAL RD., DANBURY, CT. RENTAL CONTRACT (203) 775.6880 (914) 342-0687 (914) 561-0376 (914) 297-40n (914) 223-n62 (914) 761-2962 (914) 279-2211 (914) 739-9595 (914) 667.3188 (203) 744-3434 WE CHARGE FOR TIME OUT INCLUDIN SATURDAYS, SUNDAYS AND HOLIDAY A PROMPT RETURN WILL SAVE YO MONEY. MAILING ADDRESS: P.O. BOX 829, WAPPINGERS FALLS, N.Y. 12590 EQUIPMENT RATES ARE BASED ON HOURS PER DAY, 40 HOURS PER WEE AND 160 HOURS PER 4 WEEK PERIOD. '. ii,j jY"ji.':: 1.-).1.; C'!);::."l:or(t(::.,!" r~~.C'C':::!r)'I;.:: OT' d~,'::jcJ irH.;.~'i; '.~ ,),i'l.. '. ~J .::.:, V.}d.J."" ,~.: of' " ACCEPTED DECLINED ...-.... ..............-................ ....-.......-...-.......-...-. CUSTOMER IS RESPONSIBLE FOR TIRE AND GLASS DAMAI RENTED TO: ADDRESSA'FWHICH EOUIPMENT WILL BE USED.: .... CONTRACT NO. Gr';;:.:(j,'ELIY ::;i~U ,'f T 29 s~:'t_r'I' 'I';:~E~:E:: l)f~~ j,~J(.:~PP I i",;riEF~:::: Fn~...L~:; 1\1'( J ;~~5'D0 ." "Cor,t;) .i. :W(::3:J. I~F OTHER I.D. DOB i!l "i' / 1 ~:;/"/qj PRIMARY IDENTIFICATION E::l:94'.;:i/i'?~).~.0 1\11' f3?/')':) . DATE 03/i?3,/'Y3 TIME 1. : fl)' PI"i I<,KH ':AI ITO L1C. P.O. # RECEIVED BY" ~~COTT I. :: :i,() Pl~ Gee: 1(.j(. r""l~i€: 1 . ~ '~" ,';' "'., /,1 1;1.( d . '\',j " V,6 __~101[j I /'~lA. fJO/A /.. /. , H<JLl'l"l y O'v'l1i .t;(? .. ij;.holn' ... 1 O(~y. '.i';:'Wenl.;/ ':':~4l~''?ek . ,', ".',' Ex I; Am";: " ..' (.~t Amt P<3.YIlH~nts .......-....-.. . .' ........ TURBO:PR1'ER '.', YEJ--:.T. /J~LO~:1E;:f<.;.~l;~c\ i. 'iLi:~",,,,,;'.:""'C :,:.~\:;;;\,i~,.3!~.~Jp.0;,. 3. ~50 :l4A 00 20.00 20. iaU.,":.60.00.12ia./.tl0 <: .'. " 'ii, '>;;;8<'; ..:,,;.l;;:t~.~~;'~~fL..i.:::0.<(d@.,; ! '. ;./0.00 "-- i 't?). li'1(1 '.)is",,' 2.:~. 85 03/23/9.9 V.isa.' 2E~. {l':'j (:)3/,25/91) SPECIAL INSTRUCTIONS: ... {.J l::::::'I"{'[':F: :::; ::-';.~~)E \j'f,)tJl'" ! ,ICED.::.:; Rent G<:\l e';:: Ot:hf:>'r" Dill~1 Waivt?(' S~IE T~'),x .;';.J~'~i" OCi i i(j;".ID"( r,~:;'::]"i'j'.."tiL..L. c:rJiTLf.: Ph:CH..lDf... l:~!... C:f.::; r'T"€:'V P"lid !='"..i.d ;"1 0 I:J r~: p" t~1 :::; CI!::'~:'Fr;:~~:, i:':('::~.lTC::"'iC:".:T ('j I',! rr .(.crl~ r~.?" 13'5 e!" (J!~',j ";:;:::i:~l(! I ;:::~::: r.:~ ,. {~, i~.:: THIS DOCUMENT IS A CONTRACT. YOU SHOULD FAMILIARIZE YOURSELF WITH ITS UNUSUAL FEATURES SO THERE WILL BE NO MISUNDERSTANDINGS AS TO YOUR OBLIGATION'>. THE WORDS RENTER, YOU AND YOURS MEAN THE PERSONS WHO SIGN THIS RENTAL CONTRACT (OR ARE OBLIGATED UNDER ITS TERMS). WE, OUR AND DEALER REFER TO HANDY RENT-ALL CENTER. THE BACK OF THIS CONTRACT CONTAINS IMPORTANT TERMS AND CONDITIONS. INCLUDING DEALER'S DISCLAIMER FROM ALL LIABILITY FOR INJURY OR DAMAGE ANO DETAILS OF RENTER'S OBLIGATIONS FOR RENTAL AND OTHER CHARGES AND RESPONSIBILlTITES TO CARE FOR AND RETURN THE ITEMS RENTED. THEY ARE PART OF THIS CONTRACT - READ THEM. I ACKNOWLEDGE RECEIPT IN GOOD ORDER OF THE ITEMS RENTED AND THAT I HAVE READ AND AGREE TO ALL TERMS OF THIS CONTRACT. :.~,; " Sc' 1 (2S T~,::< '..." ,...,:.".1 , lk~pr;):;:i. t: l:..,~., l::'lt'; TOTI~iL DUE I," '..;:.j I. LESSEE X F,4ILURE TO RETURN RENTED PROPERTY UNDER THE TERMS OF THI$_.!.ti.GR~l;J'llENT MAY-.-.SUB.,Il;CTTF {C)Tnt.. r't'HD . ':.;..:;" 'lCi (ii'lnL.i1'.['f' D\Ji:: (.:),1 V'C) "".ll~_~--""","'___"'" -.- ~__ CHECK LIST . . o WATER HEATER o ELEMENTS o THERMOSTAT o RELIEF VALVE o DIP TUBE o ELECTRICAL CONN. o GAS WATER HEATERS o THERMOCOUPLE o BURNER o CONTROL (GAS) o FLUE PIPE o RELIEF VALVE :J TOILET o BALL COCK o FLAPPER o SUPPLY LINE o WAX SEAL & CLOSET BOLTS :=J DRAINS CLEANING o KITCHEN SINK o WASHER LINE o MAIN LINE o LAVATORY LINE o TUB OR SHOWER ~ KITCHEN SINK o SINK FAUCET o SINK DRAIN o GARBAGE DISPOSAL o AIR GAP o ON/ CONNECTIONS ~ TUB & SHOWER o TUB VALVE o TRIP LEVER o SHOWER DIVERTER o TUB OR SHOWER DRAIN =:J NEW CONSTRUCTION o CRAWL SPACE ROUGH DRAINAGE P.S.I. o SLAB ROUGH DRAINAGE P.S.I. o TOP OUT DRAINAGE P.S.I. o SEWER OR SEPTIC DRAINAGE o WATER P.S.!. o PRESSURE REGULATOR o BOOSTER PUMP o FINAL ] COMMERCIAL REPAIR o FlOOR DRAINS o ON/ASHER BOOSTER o GREASE TRAP ITE~ OR P~R~ DES" 'PTION PRICE JlHj;~.NO E'~E~nN(; 11! ~Ujf1~BHJG (OrH~. SERVICE & INSTALLATION - all & GAS 156 WEST MAIN STREET '1./ APf1!NGEr-S FALLS, NY 12590 (914) 298... 9300 ,I TOTAL PARTS ADDITIONAL PARTS (OTHER SIDE) OR SUBLET OTHER TOTAL OTHER CHARGES OUR TRAINED PERSONNEL S'JGGEST THE FOllOWING IMPROVEf'ENTS: L 0 g F AW TO 6R N K NAME .' ',"" r" STATE ZIP "f' .;' ,. " MODEL ;, / ;" SERIAL NUMBER ! ! ; DESCRIPTION OF WORK ./ " ; , ' ./~ .:.,-/....".' . ,Y:> _J.' l .J - . :..f..p-;'i___ "..! /!.L....r.'-'--.L-'-~......!...L.{:L~. .. ..------'.-.-...-.-.- ---.-...------------.-------~----~-....,.-..--..-__._.___.,___m..._...m.. ..-~-_...._..._......_._......_..._..____._.._m..._.__.._...-............-...---..-_.._.._..__.__.._m_ .' ~.-i i../" ~.~ ...,.. LABOR CHARGES HRS.@ iliA.: TECHNICIAN SIGNATURE ,-"j 1"1./( TOTAL OTHER CHARGES SUB- TOTAL l' 1 , PARTS WARRANTY All partl .. rocon!ed .... ..rronted .s per manu/octurer lpaeifieatlonl. LABOR GUARANTY '. ' Th. labor ch.rge IS recorded here r.lative to the equipment serviced .1 noted, il guar.nteed for a period of 30 days. w. do no~ of course, guaranty other parts than thOle we Inslall. " repairs later become neceslll1y due 10 other defective parts, lhey will be charged separately. TRAVEL TIME TIME I.lt...' ARRIVED TIME :. / DEPARTED TRAVEL TIME TERMS: DUE UPON COMPLETION I HAVE THE AUTHORITY TO ORDER THE ABOVE WORK AND DO SO ORDER AS OUTLINED ABOVE. IT IS AGREED THAT THE SELLER WILL RETAIN TITLE TO ANY EQUIPMENT OR MATERIAL FURNISHED UNTIL FINAL & COMPLETE PAYMENT IS MADE, AND IF SETTLEMENT IS NOT MADE AS AGREED, THE SELLER SHALL HAVE THE RIGHT TO REMOVE SAME AND THE SELLER WILL BE HELD HARMLESS FOR ANY DAMAGES RESULTING FROM THE REMOVAL THEREOF. TRIP CHARGE TAX AUTHORIZED SIGNATURE ;OVE ~RDERED WORK HAS ~~EN ~c;,MPL~!ED AND I ACKNOWLEDGE R~.C.E.IPT OF MY COP/ OATF DATE / / / / DATE SCHEDULED / / PHONE o WARRANTY o . CONTRACT o SERVICE CONTRACT o NORMAL ORES. 0 COMM. o SERVICE f(. , ;' , , " ." // P-N.C , ' \ '." v . ; PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land SUT'Oeyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) April 28, 1999 It 'SCE:II/. 4Pll J 'l:D ~1...411v~ 0 1999 "O'""..v Slvo CI.S'I:i~D~tv Town Board Town of Wappingers P.O. Box 324 "Wappinger Falls, New York 12590 Attention: Constance O. Smith, Supervisor Reference: Sabatelle/29 Split Tree Drive/Drainage Dear Supervisor Smith & Board Members: As instructed at the April 26, 1999 Town Board meeting, I visited the above site with Graham Foster, Highway Superintendent, to determine if the road water in the area of Split Tree Drive had the potential of flooding out the basement and property of Mr. and Mrs. Sabatelle, 29 Split Tree Drive. To determine this, I surveyed the elevations of the gutter lines surrounding the property, the elevations of the property, and the approximate elevations of the two floors of the house. It would seem to me that the elevations are such that there would need to be more than six (6") inches of water standing on the street to inundate the property without draining to the catch basin that exists in the street. We, also, viewed the site to determine if the surface water flow conditions would be such that it could inundate the basement of the house. Upon review of the elevations, it would seem highly unlikely that the road surface water could effect the basement elevation of the house. There is a low area in the front corner of the lot that could be improved by placing fill. However, it would appear that the elevation of the basement is approximately 9/1.10/1 above the rim elevation of the catch basin that exists in the street. In any event, it was Mr. Foster's contention that he would repair and place the curb around the perimeter of the parcel to preclude any road run-off from entering the shoulder area of the street. It was also pointed out that the placement of the curb, without placement of additional fill in back of it, could potentially cause water to pond in back of the curb. Joseph E. PaggI. Jr.. P.E. Ernst Maron. Jr.. P.E.. L.S. Charles R. Del Be6e. Jr.. P.E.' .. ,... Constance O. Smith Town Board Re: Sabatelle Drainage - 2 - April 28, 1999 One item the Highway Superintendent might want to look at is the ultimate disposal location of the storm water. This should be looked at to insure that there is free flow at the discharge end of the pipe. if the Town Board has any questions or co~ments, plsase do not hesitate to contact this office. Very truly yours, d--^C ~ Joseph E. Paggi, Jr., P.E. JEP:law cc: Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden, Town Clerk Albert P. Roberts, Esq. Graham Foster, Highway Superintendent /\.- .V) 1)) )~ ,v! le())J1" v 29 Split Tree Drive Wappingers Falls, NY 12590 Connie Smith Wappinger Town Supervisor P.O. Box 324 Wappinger Falls, NY 12590 RECEIVED MAR 2 6 1999 ~RV1S0fJ'S OFFICE OF WAPPINGER March 23, 1999 Dear Mrs. Smith: I am writing this letter to follow up on the conversation we had regarding the repair of the curb that runs along side of my property, and the flooding in my house. As I stated, on March 14, 1999 a snow plow hit and destroyed the curb that ran along the side of my property. I live on a corner and all the water from the street runs to the drain at my comer. I called on march 15th and complained to the maintenance department. I was told "on the first nice day we will come repair it". The following Sunday, March 21, 1999 we had a very heavy rain and all the water that runs into the drain ran into my yard. As a result of this excess water my ground floor flooded for the first time. I called the highway department to see when they planned to repair the curb. This time I was told by Tom "that as soon as the black top plants open they will be out" . This is fine, I understand they can't do the repair without black top. Please send someone out to do a temporary repair that will devert the water into the drain. I do not want to have another flood, especially after I finish repairing the house. As I stated in our phone conversation the repairs are going to be expensive and I feel the town should be held responsible. I have taken pictures to document the situation. We have already paid a plumber to come check for broken pipes, $60.00. We rented fans for $45.00 to help dry the basement. The carpet was the main object that was destroyed, luckily I came home early and appeared to have saved the furniture. We have felt padding that has to be replaced no matter what. The estimates to pull up the carpet, replace the padding and put the carpet back, and then clean the carpet is approximately $1000.00, and there is no guarantee the carpet will be salvageable. I have spoken to some carpet stores and the general price for new carpet is around $1000.00 as well. I do not want to make the repairs until the curb is fixed so it doesn't happen again. I would like to get this resolved as soon as possible, my wife is pregnant and this stress is not good for her, not to mention the health concerns of a wet floor. I appreciate you taking the time to help resolve this matter as quickly as possible. If you have any questions, I can be reached at 298-2061. Respectfully, )~~. ~abatel1e cc:Mike Farley, Esq