1992-05-29
GELLERT 8 CUTLER... P. C.
ATTORNEYS AND COUNSELOR.S AT LAW
SHELDON CUTLER
LEONARD KLEIN
ARTHUR L. GELLERT
STEPHEN E. EHLERS
PAUL J. GOLDSTEIN.
JOHN A. GEOGHEGAN
ALBERT P. ROBERTS
LILLIAN S. WEIGERT
CARL P.BARONE
STEPHEN E. DIAMOND..
RAINA E. MAISSEL'
DAVID R. WISE" .
EMANUEL F. SARIS
TERRY D. HORNER
75 WASHINGTON STREET
POUGHKEEPSIE, NEW YORK 12601
JOSEPH H.GELLERT
0907-1989)
(914) 454-3250
FAX, 914.454.4652
May 29, 1992
WESTCHESTER OFFICE
35 PURCHASE STREET
RYE, NEW YORK 10580
(914) 967-6200
FAX 914967-6236
VIA FAX
COPY
TYPE
CALL /
F" !:' ,/
1_,-
FAX
...
LONG ISLAND OFFICE
2001 MARCUS AVENUE, SUITE W95
LAKE SUCCESS, NEW YORK 11042
(516) 355-0905
. ADMITTED IN NY 8 FL
.. ADMITTED IN NY, FL 8 MA
. ADMITTED IN NY 8 ENGLAND
.. ADMITTED IN NY 8 cr
Planning Board
Town of Wappinger
20 Middlebush Road
P.O. Box 324
Wappingers Falls, NY 12590
RECEIVED
.J UNO '\1 'IS:Jt:1
SUPEFiViSOH";: (Y"FiC;::
T':~';/i~iJ ()r: 'v";/\r)PF',;:3:~R
Attn:
Donald J. Keller, Chairman
Re: Mansell Subdivision
Our File No. 5456.3626
Dear Don:
At the Planning Board's request, the above matter was referred to
me ". . if lot number 1 of this subdivision is within the
confines of the sewer district". I have also received a copy of
a map entitled "Mansell Subdivision" dated July 7, 1989 by Eric
W. Gardell, P.E., L.S. and Jay Paggi's letter of March 30, 1992.
Before I comment on the Mansell Subdivision, I would like to
comment on a matter of general importance on all applications for
subdivision approval before this Board. The Town Subdivision
Regulations have specific requirements for the content, scale and
specifications of subdivision maps. Various notations are
required to be inserted on these maps with the prescribed
language set forth in the Regulations and in the Appendix to the
Regulations.
I have commented on this in the past, and I am not sure whose job
it is to make sure that the maps comply with these regulations.
Specifically to be included on these maps are the boundary
designations of any zoning or special districts affecting the
tract and the location of the proposed utility or other easements
;
GELLERT {1 CUTLER" P.C.
ATTORNEYS AND COUNSELORS AT LAW
and rights of way. Once again, this map does not comply with
these regulations. I should note that Jay paggi's of March 30,
1992 refers to a plat dated February 22, 1992 which I have not
seen.
In any event, someone should review these maps for compliance
with these regulations; there is no sense in having regulations
if they are not followed. In this case it would be extremely
helpful if the appropriate notations were contained on the map.
Based on the information before me, there is no way that I can
determine whether or not this parcel is within the confines of
the "sewer district". Either the property is or is not within
the boundaries of the sewer improvement area which I am sure can
be readily resolved by Mr. paggi's office. The intimation is
that the parcel may be bisected by the improvement boundary; if
such is the case, only the portion of the parcel that is directly
within the confines of the parcel can be served by the
improvement. For instance, if a portion of the parcel is within
the confines of the sewer improvement boundary, but the house is
located outside of the boundary, then the house would have to be
granted permission by the Town board to become a tenant to the
district.
Based on the information I have, this is the best that I can
provide.
Very truly yours,
GELLERT & CUTLER, P.C.
AZtl
ALBERT P. ROBERTS
APR/aml
cc: Raymond Arnold
Herbert Levenson
Joseph E. paggi, Jr., P.E. ~/
bcc: Hon. Constance o. Smith~
.