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Petition for Expansion of Water District MDA Leonard Klein Arthur l. Gellert Stephen E. Ehlers John A. Geoghegan Lillian S. Weigert Scott L. Volkman David R. Wise* Roderick J. Macleod Bevin S. Harrington Kelly L. Traver' Pamela B. Richardson .. Elizabeth M. Corrado fila Gellert & Klein, PC ~ Attorneys at Law 75 Washington Street. Poughkeepsie, NY 12601 (845) 454-3250 (845) 454-4652 fax Counsel S. Nina Gellert Raina E. Maissel 0 Justice George D. Marlow Appellate Division (Ret.) Senator Stephen M. Sa land Robert C. Vincent, Jr. Westchester County Office 3010 Westchester Avenue Suite 302 Purchase, NY 10577 (914) 249-0100 (914) 249-0111 fax Columbia County Office 2210 Route 7 Copake, NY 12516 (518) 329-1533 tel/fax Joseph H. Gellert (1907-1989) www.gklaw.us June 18,2010 'Also Admitted in CT "Also Admitted in NJ oAlso Admitted in England Mr. Chris Masterson, Town Clerk Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 fRi~CC~llW~[Q) JUN 2 120tO TOWN OF WAPPINGER TOWN CLERK Re: Petition for Expansion of Water District MDA Associates, LLC, Petitioner Our File No: 27669.0014 Dear Mr. Masterson: Enclosed for filing on behalf ofMDA Associates LLC please find "Petition for Expansion of Water District" together with a Map, Plan and Report dated June 16, 2010 and prepared by Artel Engineering in conjunction with Moraghan Engineering, P.C., with exhibits (collectively, the "Petition"), requesting expansion of the United Wappinger Water District to include the following properties all of which are located within the Town of Wappinger: We respectfully request that this matter be placed on the agenda for the next Town Board meeting. Should you have any questions, please do not hesitate to contact the undersigned. Very truly yours, GELLERT & KLEIN, P.C. By: .~ Pamela Richard n Cc: Al Roberts, Esq. Robert Grey, P.E. Michael Ostrow y F:IUSERlclients\M\MDA ASSOCIA TESlltr to Town Clerk - 6-17-10- submitting Petition. doc STATE OF NEW YORK COUNTY OF DUTCHESS IN THE MATTER OF THE PETITION OF MDA ASSOCIATES, LLC, TO EXPAND THE UNITED W APPINGER WATER DISTRICT PETITION FOR SECOND EXTENSION TO THE UNITED WAPPINGER WATER DISTRICT TO THE TOWN BOARD OF THE TOWN OF WAPPINGER Town of Wappinger - Town Hall 20 Middlebush Road Wappoingers Falls, NY 12590 Hon. Christopher Cosley and Board Members: The Petitioners, MDA Associates, LLC (hereafter, "Petitioner") being the non- resident owner of all taxable real property situate in the Water District hereinafter described and proposed to be expanded in the Town of Wappinger, aggregating 100% of the assessed valuation of all the taxable real property of said proposed expansion area, as shown upon the latest completed assessment roll of said Town, does hereby Petition the Town Board as follows: 1. Petitioners propose, pursuant to Article 12 of the Town Law, that the Town Board of the Town of Wappinger (hereinafter, the "Town"), expand the United Wappinger Water District (hereinafter, "UWWD") in the Town of Wappinger, to include the property known as Lot 6157-04-633403, comprising the territory and with the boundaries described as follows in Exhibit" A", (hereinafter, the "Expansion Area"): See Exhibit "A" attached hereto. 2. Said territory is located wholly in the Town of Wappinger, County of Dutchess, State of New York, and is outside of any city or incorporated village. 3. Attached hereto is a Map, Plan and Report dated June 16, 2010 and prepared by Artel Engineering P.e., showing the boundaries of the existing water district, together with the Expansion Area, as well as all of the outlets and the terminus and course of each proposed new main. (Exhibit "B") 4. All construction work for the laying out and installing of the improvements within the Expansion Area as described on Exhibit "A" attached hereto and made a part hereof will be paid for by Petitioner's so that no expenses occasioned by the Expansion of said District shall be levied and collected from the several lots and parcels of land within the District as same currently exists, by assessment or otherwise, and any and all of such work shall be done and completed by the Petitioners in accordance with the map and plan hereinafter described; 5. The Map, Plan and Report hereinabove referred to were prepared by Artel Engineering Group, LLC, with offices at 304 Federal Road, Ste 308, Brookfield, Ct 06804, together with Moraghan Engineering, P.e., 510 Peters Boulevard, Brightwaters New York 11718, Moragahn Engineering, P.C. competent engineers duly licensed by the State of New York, showing boundaries of the existing Water District, together with the proposed Expansion Area, as well as outlets and the terminus and course of each new proposed main; 6. The proposed expansion will serve Friendly Motorcars, the eXIstmg commercial business located in the Expansion Area, and will facilitate an expansion of the building and parking facilities located thereon; 7. The maximum amount proposed to be expended for the construction and acquisition of the above-described improvement is Twenty four thousand six hundred and twenty five ($24,625.00) Dollars, the entire cost of which shall be paid by Petitioners and at no cost to the District; 8. The expense of operation and maintenance of said District, following the expansion, shall be assessed, levied and collected from the several lots and parcels of land within the proposed District, as expanded, so much upon and from each as shall be in just proportion to the amount of benefit which the Town Board shall determine. The improvement shall confer upon the same and in accordance with the applicable statutes made and provided therefore; 9. Petitioners intend to construct all improvements within said Expansion Area wholly at their expense and to transfer title thereto to the Town or other government agent for said District, free and clear of encumbrances except the right of access to said improvements by adjoining landowners; who are not purchasers; 10. The assessed valuation of all the taxable real properties situate in the proposed expansion of the Water District, as such valuations appear upon the latest completed assessment roll of the Town of Wappinger is Two Million Five Hundred Thousand ($2,500,000.00) Dollars. The Petitioner is the sole owner, including resident owners and non-resident owners, of real property situate in the Expansion Area. Name and Address of Nonresident Petitioner Owning all property in the Proposed Assessed Valuation of Property Owned Expansion Area MDA Associates, LLC c/o Mr. Michael Ostrow 4312 Albany Post Road Hyde Park, NY 12538 $2,500,000.00 WHEREFORE, Petitioner respectfully request that the Town Board of the Town of Wappinger, expand the Water District hereinabove proposed and described and that a public hearing thereon be held according to law. Dated: Wappingers Falls, New York ,2010 MDA ASSOCIATES, LLC MICHAEL OSTROW Title: '*~""5 fJf1etNf~ I STATEOFNEWYORK ) ) COUNTY OF DUTCHESS) On the ~ day of :J~ .wo , in the year 2010, before me, the undersigned, a Notary Public in and for said state, personally appeared MICHAEL OSTROW, personally known to me or proved to on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NO~" Sandy o. WtlIlt IIaIIry Public. S1at8 of New "'* No. 01WH6049068 Gu8IffIed In DutcheSS CoInJ Commisa/on Ellpk1I Oct. 02. 2C.Q 81 .. . u . I i . I I . . . I ,I . ! · e .' II ! I ~Uh!hi II 'IH!H_IJ .. . u . .. .. -. II I' -! . Proposed extension of the United Wappinger Water District To Serve Friendly Motorcars, Inc. Town of Wappinger Dutchess County, New York Town Supervisor - Chris Colsey Council Members Vincent Bettina Ismay Czarniecki Joseph Paoloni William Beale Town Clerk........................................................ ......................Chris Masterson Town Attorney............................................................ .Albert P. Roberts, Esq. Highway Superintendent........................................................... . Graham Foster Prepared June 16, 2010 Proposed Extension of the United Wappinger Water District TABLE OF CONTENTS PURPOSE.................................................................................... ..Page 1 AREA TO BE SERVED...... ........................ ........ ....... ... ....... ..............Page 1 PROPOSED CONNECTION TO UNITED WAPPINGER WATER DISTRICT DISTRIBUTION SySTEM.........................................................Pages 1 & 2 PROPOSED ON-SITE PRIVATE WATER SERVICE........................... ..Page 2 REPORT............................................................................. ....Pages 2 & 3 Proposed Extension of the United Wappinger Water District Page I PURPOSE Pursuant to the request of Friendly Motorcars, Inc. to extend municipal water service to the subject site (134 Old Post Road), this report describes the facilities associated with the proposed extension to the United Wappinger Water District to serve 134 Old Post Road. AREA TO BE SERVED The area to be served by the proposed United Wappinger Water District extension is a commercial property with a land area of 5.0 acres located on the east side of Route 9 (tax map #6157-04-633403) known as the "Friendly Motorcars Site". Currently, the subject property is not served by public water and sewer services and is not located within the established United Wappinger Water District service area. The current United Wappinger Water District service area limits are depicted on a map entitled "Town of Wappinger-Water District Map" prepared by Frederick P. Clark Associates. The Water District Map is a public document available at the Town of Wappinger municipal center. An expansion to the Friendly Motorcars building and parking facilities is planned and is currently before the Town of Wappinger Planning Board for review and approval. The commercial site to be served by public water and sewer shall not exceed 1,000 gallons per day. PROPOSED CONNECTION TO UNITED WAPPINGER WATER DISTRICT MUNICIPAL DISTRIBUTION SYSTEM It should be noted that Friendly Motorcars proposal to extend municipal water service is predicated on a separate proposal/petition to extend municipal water service to the adjoining property owned by Adams Fairacre Farms. As described in the Amended Map, Plan & Report prepared for Adams Fairacre Farms, Adams Fairacre Farms proposes to connect to the existing 8" diameter Town water main located along the western right-of- way of Route 9 and extend it south along Route 9 approximately 350 feet then east through a boring under Route 9 to the site, and also in a southerly direction approximately 230 feet to a point near the northeast portion of the Town right-of-way of Fowlerhouse Road. The report prepared for the Adams Fairacre Farms property notes that their extension of municipal services is subject to a New York State Department of Transportation highway work permit. Municipal water service to the Friendly Motorcars site will be supplied via a connection to the water main extended by Adams Fairacre Farms. In general, a connection to the proposed water main stub to be installed by Adams Fairacre Farms located in the west shoulder of Old Post Road will be made by Friendly Motorcars. Proposed Extension of the United Wappinger Water District Page 2 From the stub, the water main will be extended approximately 300' +/-in a northerly direction along the west shoulder of Old Post Road and terminate opposite the Friendly Motorcars driveway. The distribution facilities to be installed by Friendly Motorcars along the frontage of Old Post Road to their site, including but not limited to, all piping, valves, hydrants, equipment, accessories and appurtenances necessary to transmit and distribute potable water are to be dedicated to the Town on behalf of the United Wappinger Water District. Installation of the water main will involve conventional earthwork, piping and construction techniques and procedures. PROPOSED ON-SITE PRIV A TE WATER SERVICE Friendly Motorcars, Inc. will be responsible for the design and construction of the 6" diameter private water service line from the connection point to the municipal water main in Old Post Road into the site and to the building. The private water service shall be subject to the review and approval of the Dutchess County Department of Health and the Town of Wappinger. REPORT MDA Associates, the property owner will enter into an agreement with the Town of Wappinger to extend municipal water service from the portion of the distribution main to be installed in Old Post Road by Adams Fairacre Farms to the Friendly Motorcars property. We are of the understanding that the existing United Wappinger Water District distribution system has adequate capacity to provide potable water to Friendly Motorcars. The proposed agreement shall set forth the terms and conditions under which the Town will provide municipal water to the subject property. Upon the petition of the property owner, the current service area shall be amended to include the subject property in the United Wappinger Water District MDA Associates, the property owner, shall be billed on an annual basis, benefit unit assessments in accordance with the current method and rate established for existing commercial properties within the United Wappingers Water District. Friendly Motorcars, Inc. property will be billed on a quarterly basis for the actual quantity of water used as measured by an individual water meter to be installed at the site. The water purchase cost shall be based on the O&M costs for the United Wappinger Water District, which typically include labor, equipment, power, replacement parts, and other single occurrence or recurring costs included with the annual budget for the water district as deemed appropriate by the Town Board. Proposed Extension of the United Wappinger Water District Page 3 It is understood that all legal, engineering and construction expenses associated with the water district extension to serve the Friendly Motorcars property will be defrayed by the property owner/developer, and will be at no cost to the United Wappinger Water District and/or the Town of Wappinger.