1989-09-09
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WOOD & KLARL
ATTORNEYS AT LAW
153 ALBANY POST ROAD
BUOfANAN, NEW YORK 10511
THOMAS F. WOOD
JOHN J. KLARl
TELEPHONE
FAX
(914) 736-0144
(914) 736-9082
DUTCHESS OFFICE
ROUTE 52
FISHKlll. NY 12524
BY AP~~. ONLY
JENI SCHUTRICK
legal Assistant
Counsel
MilTON BENSKY
TO:
Planning Board
Town of Wappinger
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FROM:
Thomas F. Wood
A ttorney to the Town
SEPT 1 4 89
RE:
Satellite Investments Right-of-Way
ZO~J!NG ALi'\EJNESiF....'\TOR
DATE:
September 9, 1989- -
I enclose herewith a copy of a letter received by me from Frank
Buyakowski dated August 31, 1989, and its enclosure of a proposed Map Note.
I have no problem with the Note as proposed and merely point out
to the Board as I have stated in my prior memo that should the Town Board
at some time adopt a Resolution requiring the developer to complete road
construction in the right-of-way, the problem that might occur is that the
developer may no longer be in existence or no longer have the funds in order
to construct the road. That is why I have suggested that perhaps a Performance
Bond be posted.
However, if the Board decides that because of the possibility of
County Rd. 11 not being built, or not being built until some day far in the future,
and they are comfotbalbe with the language of that Note, it is fully agreeable
to me.
TFW:js
CC: Satellite Investments
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SATELLITE INVESTMENTS
RR 1 BOX 310
POUGHQUAG, N.Y. 12570
(914) 724-4100
August"31, 1989
Mr. Thomas F. Wood
Attorney for the Town
153 Albany Post, road
Buchanan, N.Y. 10511
Re: Satellite Investments
(Buyakowski) " Right of Way"
Dear Tom:
Is the enclosed language acceptable for the Satellite Investments Subdivision
Map?
We cannot get a letter of credit or a bond on something which could conceivably
never terminate, ( ie: County Rd. 11 would never be built).
Please advise.
.?iire~,U
Frank BUY~Ski
enc. / J g
GRAY, RAILING & HEINSi\L\N
ENGINEERING & SURVEYING, P.C.
TRIAD PROFESSIONAL PARK
186 RT. 9 WAPPINGERS FALLS. NY 12590
JOHN E. RAILING, P.E.
ROBERT J. GRAY, P.E.
RAYMOND E. HEINSMAN, P.L.S.
This Note is intended to constitute an irrevocable offer of
dedication of the Right Of Way shown herein and desingated
as "road ex tens ion to C. R. 11". The To\.;n Board may accept
the dedication of the Right Of Way at any time by adoption of a
Resolution accepting the same. The Town Board by Resolution
may also require the 'Developer to complete road construction
of the Right Of Way at any time. The Developer hereby agrees
to insure the construction of the improvements thereon.
CONSULTING ENGINEERS, L\ND SURVEYORS, ENVIRONMENTAL CONSULTAi"lTS AND LAND PLANNERS.
TELEPHONE
297.9435
297-4775
297.5775
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