2009-02-17
GERALD A. VERGILlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R DAVIS
JOAN F. GARRETT**
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
A TTORNEYS AND COUNSELORS AT LAW
1136 ROUTE 9
W APPINGERS FALLS, NEW YORK 12590
(845) 298-2000
FAX (845) 298-2842
OF COUNSEL:
KAREN MacNISH
LEGAL ASSISTANTS:
AMY E. DECARLO
MARlA L. JONES
SANDRA A. OAKLEY
CLOSING COORDINATOR
SUSAN E. CAFFlNE
KEVIN T. McDERMOTT
ANGEL I FALCON
ANTHONY M. DEFAZIO***
JAMES P. HORAN***
LISA M. COBB
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February 17,2009
State of New York
Department of Transportation
Region Eight
4 Burnett Boulevard
Puughk~epsie, New York 12603
Attention: Richard Peters
Re: Abandonment - Portions of Fishkill Village -
Wappingers Falls, S.H. 5154, Dutchess County
VSRD File No. 12949.0495
Dear Mr. Peters:
Please be advised that I am attorney to the Town of Wappinger. Many years ago, portions
of what was known as Route 9 were discontinued and abandoned to the Town of
Wappinger. Portions of the abandoned road are now known as Old Post Road.
On Friday, February 13th, there was a meeting at DOT's office attended by Tony Sidote
and Mike Rea, both of DOT, as well as Stephen Diamond, Esq., Jim Bartles, Surveyor,
Graham Foster, Wappinger Highway Superintendent, Herb Jacobson and Craig DeGillio
of Chicago Title. The purpose of the meeting was to determine which Official Orders
actually discontinued whilt is now known as Old Post Road. Through much discussion, it
was determined that Official Order dated August 7, 1933 as amended by Official Order
No. 40 dated February 10, 1949, were the operative Orders.
Adams Fairacre Farms is now under contract to purchase several parcels for the purposes
of constructing a supermarket/garden nursery. The parcels in question currently gain
access through Old Post Road. As a result of site plan approval, individual access to the
several parcels will no longer be required, with only one access road serving the site. In
0:\ Wappinger\PlanningBoard\Adams Fairacre Farms\2009 Correspondence\02 I 709 letter to Richard Peters (DOT).doc
t'
Page 2
consequence thereof, the Town's Highway Superintendent has determined that a portion
of the terminus of Old Post Road may be discontinued and abandoned to Adams Fairacre
Farms.
The operative law is Highway Law S 207, which requires that the owner of the land on
both sides of the highway shall, by written petition to the Town Superintendent, have
requested the discontinuance. The owner of the land on the east will be Adams Fairacre
Farms and the apparent land owner on the west is either the State of New York by virtue
of its interest in Route 9 or the County of Dutchess (see Sidote letter of 2/10/09). The
parcel to be discontinued and abandoned was a portion of the highway previously
discontinued by the above referenced Orders. The title company has requested that the
Town obtain consent from both the New York State Department of Transportation (by
virtue. of its ihtereSriffRoUte- 9)-anatne County of Dutchess to this discontinuance to
Adams.
I am hoping that you can provide some guidance on how DOT's consent can be obtained.
Very truly yours,
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
Aft?-tj;:(2f;;P-----
ALBERT P. ROBERTS
APR/so
cc: Anthony 1. Sidote, Jr. (DOT)
Stephen E. Diamond, Esq.
Herbert Jacobson, Esq. (Feldman-Jacobson)
Hon. Graham Foster, Highway Superintendent
Town Board
0:\ Wappinger\PJanningBoard\Adams Fairacre Farms\2009 Correspondence\021709 letter to Richard Peters (DOT).doc