1995-03-03
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GERALD A. VERGILIS.
KENNETH M. STENGER
ALBERT P. ROBERTS
IRA A. PERGAMENT
ANTONIA T. LUCIA
JOAN F. GARRETT..
THOMAS R. DAVIS
RODERICK W. CIFERRl
VERGILIS, STENGER, ROBERTS & PERGAMENT
ATIORNEYS AND COUNSELORS AT LAW
1611 ROUTE 9
WAPPINGERS FALLS, NEW YORK 12590
(914) 298-2000
FAX (914) 298-2842
.ADMTIiED TO PRACTICE
IN NY &; FLA.
.. ADMrrrED TO PRACTICE
IN NY &; CONN.
March 3, 1995
Mr. Thomas E. Logan
Town Assessor - Town of Wappinger
20 Middlebush Road
PO Box 324
Wappingers Falls, New York 12590-0324
RE: NATHAN SPELLS PROPERTY
Our File No. 5456.2526
Dear Tom:
~
LEGAL ASSISTANTS:
DALE O'DONNELL
AMY E. WOODARD
POUGHKEEPSIE OFFICE
276 MAIN MALL
POUGHKEEPSIE, NY 12601
(914) 452-1046
ADDRESS REPLY TO: ( ) POUGHKEEPSIE
( ) WAPPINGERS
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Regarding your inquiry as to the assignment of benefit units for the Central Wappinger
Water Area for the Nathan Spell's property on Spook Hill Road, Wappingers Falls, New
York, I have no way of knowing whether or not water will be available for the 90 lots when
the subdivision obtains final approval.
The practice of assigning benefit units on the basis of preliminary subdivision approval was
established many years ago. Whether or not it is appropriate to assign them is not for me to
decide. However, last week I did speak to Mr. Spells and I advised him to submit a protest
in writing to the Town Board. Upon receipt of that, the practice of assigning benefits can be
reviewed by you and the Town Board.
I have no idea why Jay paggi referred the matter to me regarding the sufficiency of the water
supply. That is clearly a determination to be made by him and Mike Tremper. It would
appear to me that if the subject property is located within the general improvement area and
the parties have been paying benefit unit assessments, then the Town would have to make
appropriate accommodations to supply the water. . .
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Page 2
Nathan Spells Property
I suggest that when the correspondence comes in from Mr. Spells that we discuss the matter
further with Jay and Connie prior to discussion with the Town Board.
Very truly yours,
VERGILIS, Sfi' ROBERTS & PERGAMENT
ALBERT P. ROBERTS
APRlmem
cc: Constance O. Smith
Joseph E. paggi
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PHONE: (212) 371-3815
FAXII: (212)758-5389
NATHAN L. SPELLS
654 MADISON AVENUE
NEW YORK, N.Y. 10021
March 2, 1995
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Mrs. Connie Smith-Supervisor
of The Town of Wappinger
20 Middlebush Road
Wappinger Falls, NY 12590
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Re: Assessment-Parcel of Vacant Land
Spook Hill Road-
Grid-19-6257-01-260870-00
Brookvale Subdivision
Dear Mrs. smith:
I am writing to you regarding the above parcel which
received a conditional preliminary approval in 1982 subject
to getting public water and sewer.
Due to insufficient capacity of water and sewer supply, the
County Health Department refused to entertain an application
for a final subdivision approval.
The tax bill for the State, County and Town Taxes was
increased to $36,064.81 (in addition in September I have to
pay school taxes). Several years ago the tax bill was only
a few thousand dollars. The increase was mainly caused by
the increase of payments, connected with the sewer and
water.
The amount of ta}~cs connected with sewer and water is based
on the allocation of units for each parcel. The allocation
of units is based on the amount of acreage or the amount of
building lots. The only parcel in the Oakwood Sewer
District upon which taxes are based on building lots is my
parcel (and possibly one other, which is under foreclosure).
I was told by the Town Engineer that there is no sufficient
supply of water to my parcel.
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Re: Assessment-Parcel of Vacant Land
Page #2
In view of the fact that I can not obtain water service for
an indeterminable period of time and a final subdivision is
subject to availability of public sewer and water the parcel
in question is not buildable for a long period of time (at
best only partially) and in essence there is practically no
difference between a vacant parcel of land that received a
conditional subdivision approval approximately 13 years ago
and parcels without such approval.
The unavailability of public water renders the availability
of sewer valueless. Therefore the allocation of units to my
parcel should be calculated on the same basis as all other
vacant parcels in the Oakwood Sewer District on the basis of
acreage.
Therefore, I would like to ask you to rectify the allocation
of units regarding Central Water and Sewer Improvement and
Wappinger Sewer Trans/Treat #1 and #2 to be calculated on
the basis of acreage. Thank you.
I remains,
Very truly yours,
/6JhCIU /
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NATHAN L. SPELLS
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TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590.0324
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THOMAS E. LOGAN
.ASSESSOR
(914) 297.8275
February 17, 1995
Alpert P. Roberts, Attorney
1611 Route 9
Wappingers Falls, New York 12590
Dear AI,
For many years we have assigned benefit units for the Central Wappinger
Water Area to the Krajon property owned by Nathan Spells on Spook Hill Road
based on his preliminary approval of 90 lots.
We have had no reason to believe that there was insufficient capacity in
Central Wappinger Water to provide water to these lots when sewer became
available and final approval of the subdivisi~n was granted.
Mr. Spells now claims that he has been informed by Town officials that
sufficient water to serve 90 lots is not available and that he could
possible obtain water hook-up for 24 lots.
I spoke with Herb Levenson who referred me to Jay Paggi, Town Engineer, who
indicated that sufficient water supply for 90 lots was not available but
who then referred me to you for advice. I therefore ask you if water is
or is not available for 90 lots when Krajon can hook-up to Tri Muni?
Very ~rUlY Your~S'/J
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Thomas E. Logan- Assessor