006
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DRAFT
August 4,2010
McCabe & Mack, LLP
P.O. Box 509
Poughkeepsie, New York 12602
Attention: Richard R. DuVall, Esq.
Re: Phillip Wirzbicki, 35 Hiview Road, Wappingers Falls
Your File No. 11950-0001
Our File No. 12951.1031
Dear Rick:
As previously explained, your client's property is encumbered by a drainage easement recorded
in the Dutchess County Clerk's Office prior to your client purchasing the property. The drainage
easement was superimposed over an existing natural water course. I am enclosing a copy of
survey worksheet showing the area of drainage easements obtained by the Town of Wappinger as
the same impacts your client's property. Your client's predecessor in title granted the Town a
drainage easement which specifically authorized the discharge of stormwater through their
property. The Town has every right to drain stormwater through your client's parcel for two
reasons:
a. because the channel is a natural water course; and
b. because the recorded easement permits drainage.
However, the Town intends to take some measures which will reduce the amount of stormwater
flowing through your client's property. It appears that over the course of time more of the
stormwater has naturally shifted southward toward your client's property. In an effort to lessen
the amount of stormwater discharging through your client's property, the Town will open the
channel so that more of the stormwater flows northward through the Mouthe, Lusardi, etc.
easements.
According to the Town Engineer, this will require a significant amount of work and the Town
Engineer is currently working on plans for corrective work, which will be subject to Town Board
approval and funding.
Your client must also understand that the water course through his property also receives sheet
flow from surrounding properties, particularly Top O'Hill Road. This is a natural occurrence
during storm events and apparently exacerbates the problems on your client's property.
Regrettably because of the topography and terrain ofthis area, there is no easy solution. However,
diversion of some of the stormwater northward should drastically reduce the amount of water
flowing through the water course.
Very truly yours,
VERGILIS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
C:\Documents and Settings\Chris Masterson\Local Settings\Temporary Internet Files\ContentOutlook\CAlOVDDQ\080410 letter to
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....,.
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ALBERT P. ROBERTS
APR/so
cc: Hon. Christopher J. Colsey, Supervisor
Town Board Members
Hon. Graham Foster, Highway Superintendent
Robert J. Gray, P.E.
Hon. John C. Masterson, Town Clerk - Town Board File
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DuVall.doc