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2012-234 2012-234 Resolution Accepting Petition and Map, Plan & Report for Extension of the United Wappinger Sewer District on Behalf of Amora, LLC, Eduardo & Lucia Lauria and Robert Tompkins At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on September 10,2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, Amora, LLC (Amora), Eduardo & Lucia Lauria (Lauria), Robert Tompkins (Tompkins) and the Town of Wappinger (hereinafter the "Town") have previously entered into an Agreement for the Extension of Water and Sewer Districts by Agreement dated August 30, 2012; and WHEREAS, pursuant to the aforementioned Agreement, Amora, Lauria and Tompkins have submitted to the Town pursuant to Article 12 of the Town Law a Petition for an extension of the United Wappinger Sewer District, to be known as Extension No.2 to the United Wappinger Sewer District; and WHEREAS, Morris Associates Engineering Consultants, PLLC, has prepared a Map, Plan and Report last dated July 2012, for the United Wappinger Sewer District Extension, a copy of which is attached to the Petition; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that the acceptance ofthe Petition and accompanying Map, Plan and Report qualifies as an engineering study and is a Type II action pursuant to 6 NYCRR 617.5(c)(18). 3. The Town Board hereby accepts the Petition for the Extension of the United Wappinger Sewer District submitted by Amora, Lauria and Tompkins, known as UWSD Extension Number 2 and determines that the petition satisfies the criteria of Town Law S 191 in that it is signed by all of the owners of taxable real property situate in the proposed extension. 4. The Town Board hereby accepts the Map, Plan and Report for Extension No.2 to the United Wappinger Sewer District prepared by Morris Associates Engineering Consultants, PLLC, last dated July 2012, a copy of which is affixed to the Petition. 5. The Town Board hereby directs the Town Clerk to file in her office the Petition with annexed Map, Plan and Report for the proposed Extension No.2 to the United Wappinger Sewer District in accordance with the provisions of Article 12 of the Town Law. 6. The Town Board hereby directs the Engineer to the Town and the Attorney to the Town to provide the Petition and Map, Plan and Report to any other agencies for purposes of receiving the necessary approvals for UWSD Extension No.2. 7. The Town Board directs that the Town Clerk forward a certified copy of this Resolution together with a copy of the Petition with exhibits, including the Map, Plan and Report above mentioned, to Orrick, Herrington & Sutcliffe, LLP, to prepare the necessary proceedings, findings and public interest order necessary to extend the United Wappinger Sewer District in accordance with the subject Petition, the attached Map, Plan and Report and Article 12 ofthe Town Law. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCIL WOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE AYE AYE AYE Dated: Wappingers Falls, New York 9/1012012 The Resolution is hereby duly declared adopted. ~~~ CHRISTINE FULTON, TOWN CLERK FOR TOWN OF WAPPINGER TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NEW YORK 12590 BARBARA GUTZLER - SUPERVISOR COUNCIL PEOPLE: FIRST WARD..... .............. ................ ..WILLIAM H. BEALE SECOND WARD........... .............. ...... ..VINCENT BETTINA THIRD WARD.................................... ISMAY CZARNIECKI FOURTH WARD.................................MICHAEL KUZMICZ TOWN CLERK........................ ............CHRISTINE FULTON ATTORNEY TO THE TOWN ..................ALBERT P. ROBERTS HIGHWAY SUPERINTENDENT ............GRAHAM FOSTER MA #W21 034.00 JULY 2012 PREPARED BY: TABLE OF CONTENTS 1 ",0 PURPO.SE ..".................. ........ ..... ...11........... .......... .... ......... .......... ... .......... ................ ....3 2.0 MAP (AREA TO BE SERVED) ..............................................................................3 3", 0 PLAN", "'... '" ..... '" ...... '" ... .... '" '" ..... '" '" '" '" ...'" '" ... '" ... '" .... '" '" '" ....... '" .".,.. '" '" '" ... "'.. '" ...... '" ...... '" '" ..... '" '" '" ... '" '" '" "'.. '" .... '" '" ..3 3.1 Proposed connection to United Wappinger Water District .........................3 3.2 Proposed On-Site Water Distribution System ..............................................4 4.0 REPORT................................................................................................................4 Figure 2: LIST OF FIGURES Map Showing Boundaries of Existing UWWD (prepared by Morris Associates, PLLC) and Amora, LLC (Aroma Osteria Restaurant); Robert Tompkins (STS Tire); and Eduardo & Lucia Lauria (Residential House) Parcels Map Showing Boundary of Extension Area to Serve the Amora, LLC (Aroma Osteria Restaurant); Robert Tompkins (STS Tire); and Eduardo & Lucia Lauria (Residential House) Parcels Figure 1: LIST OF EXHIBITS Exhibit B: Resolution Authorizing Engineer to Submit Water Supply Application Extending Service Area of United Wappinger Water District Copy of Petitions to Extend United Wappinger Water District Exhibit A: Exhibit C: Water Supply Permit Application to the New York State Department of Environmental Conservation dated July 16, 2011. Exhibit E: Copy of Letter from Town Assessor listing estimated benefit units and taxes for the United Wappinger Water/Sewer District for the Three Properties. Dated April 5, 2012. Copy of Short Form Environmental Assessment Form Exhibit D: 1.0 PURPOSE Pursuant to the request of Amara, LLC. (Aroma asteria Restaurant, 114 Old Post Road), Robert Tompkins (ST5 Tire, 124 Old Post Road), and Eduardo & Lucia Lauria (vacant residence, 102 Old Post Road, now zoned Highway Business (HB)) to. extend municipal water service to. these subject sites an the east side of Old Post Road. This map, plan and report describes the facilities associated with the propased extension to the United Wappinger Water District to serve these properties. 2.0 MAP (AREA TO BE SERVED) The areas to be served by the proposed United Wappinger Water District extension are more particularly described as three commercial properties totaling 5.50 acres of land located on the east side af Old Post Raad, tax map #6157-04-623465 Amara, LLC (1.90 acres), tax map #6157-04-630435 STS Tire (2.67 acres) and tax map #6157-04-625489 Lauria (0.93 acres). The subject properties are currently nat served by public water and are not lacated within the approved service area of the existing United Wappinger Water District. Presently, the parcels are developed and cantain an existing restaurant, tire service building and a residential house. The sites to. be served by public water and sewer shall nat exceed a tatalof 1,520 gallons per day, restaurant - 1000 gpd; STS Tire - 200 gpd and the house - 320 gpd. Figure 1 is a tax parcel map shawing the extent of the existing United Wappinger Water District and the proposed extension area. Figure 2 is an excerpt af the Town of Wappinger tax map and orthophotos showing the proposed service area extension to the United Wappinger Water District. The To.wn Board of the Town of Wappinger intends to address the Petitions of Amara, LLC. (Aroma asteria Restaurant), Robert Tompkins (STS Tire), and Eduardo. & Lucia Lauria simultaneously. 3.0 PLAN 3.1 Proposed connection to United Wappinger Water District Municipal water service to Amora, LLC. (Aroma asteria Restaurant), Robert Tompkins (STS Tire), and Eduardo & Lucia Lauria will be supplied via a co.nnectio.n to the existing six (6) inch diameter water service line for and within the Friendly Motorcars site (MDA Associates). Service to the subject sites do not entail the acquisition of land, however easements will be required. 3.2 Proposed On-Site Water Distribution System The owners of the respective properties shall be responsible for design and construction of the on-site water distribution system which includes a four inch (4") diameter PVC water service and separate connections to the STS Tire and Aroma Restaurant. The proposed on-site water distribution system shall be subject to review and approval by the Town of Wappinger. Installation of the water service lines will involve standard earthwork, piping, and construction techniques. 4.0 REPORT Amora, LLC. (Aroma Osteria Restaurant), Robert Tompkins (STS Tire), .and Eduardo & Lucia Lauria are the owners of the area to be served and have entered into an agreement with the Town of Wappinger to extend municipal water service from the established United Wappinger Water District to the subject sites. (Exhibit A) The existing United Wappinger Water District has adequate capacity to supply potable water to the Site. The agreement sets forth the terms and conditions under which the Town will provide municipal water to said parcels. A copy of the Petitions to extend the United Wappinger Water District to serve the parcels is included in this document as Exhibit B. Amora, LLC. (Aroma Osteria Restaurant), Robert Tompkins (STS Tire), and Eduardo & Lucia Lauria shall be billed benefit unit assessments on an annual basis in accordance with the method and rate established forcommercial parcels in the United Wappinger Water District. According to the enclosed letter of April 5, 2012 from the Town Assessor (Exhibit D), both Aroma and the STS properties would be billed $385.13 each annually. The Lauria parcel wo~ld be billed $198.32 Amara, LLC. (Aroma Restaurant), Robert Tompkins (STS Tire), and Eduardo & Lucia Lauria will be billed ona quarterly basis for the actual quantity of water used as measured through meters installed within manholes located on the STS Tire site. The water purchase cost will be based on the O&M rates for the United Wappinger Water District, which typically include labor, equipment, power, replacement parts, and any other one time or recurring costs included within the annual budget for the water district as deemed appropriate by the Town Board. The commercial water usage rate for the 2011 budget year is $90 per quarter for the first 2,500 cubic feet plus $1.80 per 1 00 cubic feet for usage between 2,500 cubic feet and 33,423 cubic feet, plus $2.40 per 100 cubic feet for usage in excess of 33,423 cubic feet. For the STS Tire parcel with an estimated maximum usage of 200gpd, the total quarterly cost is estimated to be $90.00. For the Aroma Osteria Restaurant parcel with an estimated maximum usage of 1 ,000gpd, the total quarterly cost is estimated to be $264.49. For the Lauria parcel with an estimated maximum usage of 320gpd, the total quarterly cost is estimated to be $115.27. Each of the three properties will incur a onetime buy in fee of $10.00 per gallon of daily usage. The costs for the properties are summarized as follows: Property Gallons per Buy In Fee Annual O&M Estimated Estimated day (GPO) ($10/GPO) Charge Annual Total Annual 0Nater Bill Portion of Charges Estimated) UWWD Debt (minus Buy In Fee) Aroma Osteria 114 Old 1,000 $10,000 $1057.96 $385.13 $1,443.09 Post Rd STS Tire 124 Old 200 $2,000 $360.00 $385.13 $745.13 Post Rd Eduardo & Lucia Lauria 320 $3,200 $461.08 $198.32 $659.40 102 Old Post Rd As per the agreement with the Town of Wappinger, all legal, ~ngineering and construction expenses associated with the water district extension to serve the Amora, LLC. (Amore Restaurant), Robert Tompkins (STS Tire), and Eduardo & Lucia Lauria parcel sites will be defrayed by the owners, Amora, LLC. (Amore Restaurant), Robert Tompkins (STS Tire), and Eduardo & Lucia Lauria parcel and will be at no cost to the United Wappinger Water District and/or the Town of Wappinger. FIGURE 1 MAP SHOWING BOUNDARIES OF EXISTING UWSD AND AMORA, LLC, STS TIRE AND LAURIA RESIDENTIAL PARCEL FIGURE 2 MAP SHOWING BOUNDARY OF EXTENSION AREA OF UWSD TO SERVE AMORA, LLC, STS TIRE AND LAURIA RESIDENTIAL PARCELS AMORA, LLC PARCEL STS TIRE PARCEL TOWN OF WAPPINGER UNITED WAPPINGER W.O. TOWN OF WAPPINGER DUTCHESS COUN1Y, NY DATE SCALE NTS ESIGNED BY: MET RAv.NBY TJG _HECKED BY: RJG FILE No. EXTENSION OF BOUNDARY AMORA LLC, STS TIRE & LAURIA PARCELS DWG 2-2 7 -20-12 W21034.0 EXHIBIT A RESOLUTION AUTHORIZING ENGINEER TO SUBMIT WATER SUPPLY APPLICATION EXTENDING SERVICE AREA OF UNITED WAPPINGER WATER DISTRICT 2010-316 Resolution Authorizing Engineer to Submit Water Supply Application Extending Service Area of United Wappinger Water District At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October ] 2, 2010.--" -------------- _ ------------------ -- ------ The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Christopher J. Colsey William H. Beale (Arrived 6:14PM) Vincent F. Bettina Ismay Czarmecki (Arrived 6:09PM) Joseph P. PaoloID ABSENT: The following Resolution was introduced by Supervisor Colsey and seconded by Councilman Beale ' WHEREAS, MDA AssoCiates, LLC (hereinafter "MDA") is the owner of a certain parcel of property located on Old Post Road in the Town of Wappinger, identified as tax grid parcel #6157-04- 633403, upon which the Friendly Mercedes car dealership is located; and WHEREAS, by Petition duly notarized on June 1, 2010, MDA has petitioned the Town Board to expand the United Wappinger Water District (UWWD) to include its property; and WHEREAS, ~, LLC (hereinafter "!Atol:i:1a") is the owner of a certain parcel of property located at 114 Old Post Road in the Town of Wappinger, identified as tax grid parcel # 6157-04-623465, upon which themDi:im Osteriarestaurant is located; and WHERERAS, Eduardo Lauria is a member ofmnmA', LLC;and WHEREAS, Eduardo Lauria and Lucia Lauria own a certain parcel of property immediately adjacent to and north of the A'fOiila restaurant also located on Old Post Road in the Town of Wappinger, and identified as tax grid parcel # 6157-04-625489, upon which a single family residence is located; and WHEREAS, Eduardo Lauria, on behalf of the above two properties, has made written requests to the Town Board to expand the UWWD to inc1udethe above 'referenced properties; and . WHEREAS, in orderto extend water service to the above referenced parcels, an application will have to be made to tbe New York State Department of Environmental Conservation (DEC) to approve an extension of the water service area of the UWWD, NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes Robert J. Gray, P.E., Engineer to the Town, to make an application to the New York State DEC to authorize an extension of the water service area of the UWWD so as to include the properties of MDA, Aroma and Lauria, above referenced, respectively identified as tax grid parcels nos. 6157-04-633403, 6157-04- 623465 and 6157-04-625489, with the costs and fees associated therewith to be paid by MDA, Aroma and Lauria. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY~ SUPERVISOR WilLIAM H. BEALE, COUNCll..MAN VINCENT F. BETIINA, COUNCILMAN ISMA Y CZARNIECKl, COUNCILWOMAN JOSEPH P. P AOLONI, COUNCll..MAN ... .... ..~~ ..._-_._--~_.. .--...-..~ Dated: Wappingers Falls,-New York 10/12/2010 V oting: AYE Voting: AYE V oting: AYE Voting: AYE V oting: AYE The Resolution is hereby duly declared adopted. ~CW= J -C. MASTERSON, TOWN CLERK EXHIBIT B COPY OF PETITIONS and RESOLUTIONS TO EXTEND UNITED WAPPINGER WATER DISTRICT Regular Meeting Minutes May 9,2011 Day, while people are losing their jobs. The Town needs to organize the Day in a way that attracts people. He then asked Mr. Holt what his opinion is as far as Community Day running one day or two days. Mr. Holt is against having a two day Community Day. The Board went on to discuss how many days the event has been in recent history. Councilman Beale feels that the Town could put togethel' a good one day event instead of a mediocre event covering two days. Discussion followed. Mary Schmalz noted that September is not a good time to be holding the Community Day. She informed the Board that the Dutchess County Classic is scheduled for the same day. She added that the Village ofWappingers Falls will be hosting the Roof-A-Thon again this coming September. And finally, Ms. Schmalz reminded the Board ofthe poor turn-out for last year's Community Day, which occurred in the month of September. Ms. Schmalz also objected _ to the amount of money paid to Town employees working on Community Day. She feels that a more appropriate day for Community Day would be July 4th. There are no events in Southern Dutchess County that would conflict with Community Day ifit were on July 4th. Barbara Gutzler was next to speak. She is disappointed that the length of the parade has been cut down. She asked why the route was shortened. There were no Board Members that knew. Councilman Beale closed the discussion with the recommendation that the contract for the musician be looked over. He feels that $900 for two hours is too much. Supervisor Colsey closed the discussion at 8: 1 0 PM. - C. United Wappinger Water District Extension #2 - Colsey/Gr~y Supervisor Colsey opened the discussion at 8:10 PM. According to Bob Gray, Engineer to the Town, the Town has received an application, by letter, from STS Tire Center, ,.wmm Osteria and a private residence adjacent to ~"_a Osteria requesting water and sewer. Mr. Gray went on to discuss the request. Mr. Gray explained that the Town Board needs to be aware of what is going on. A letter of interest has been submitted and escrow has been set up for when the project moves forward. Supervisor Colsey added that Tri-Muni would have to sign off. Mr. Gray summarized that, if escrow and an application are provided, he and the Attorney to the Town will forward the map, plan and report. Supervisor Colsey made a motion to authorize the professionals to move forward on the request to connect to water and sewer for these three parcels, provided that an escrow is established for each connection. The motion was seconded by Councilman Bettina. Councilman Beale noted that residence being discussed has multiple zoning violations that need to be remedied. He would like to make sure that the parcel is in compliance before the Town approves the connection. Discussion followed. The motion passed unanimously. Supervisor Colsey closed the discussion at 8:16 PM. Motion To: authorize the professionals to move forward on the request to connect to water and sewer, provided that an escrow is established for each connection ......... ...._.~.,..._._._~.__._~-~....-._.. ...........,.~'--'-_._, ! i i I I I i RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS) Christopher Colsey, Supervisor Vincent Bettina, Councilman Colsey, Beale, Bettina, Czarniecki, Paoloni __~~~.-,;~ ...... ..._ __ _.. ~_,_,__~__,__,.,_,,,,,,-,_,_~__~__'___'_"A'A'_""_'_"~'__'...-....---..-,-~. -~----~--_.........-.-^..~.,.." ChristdpherColsey, Supervisor and To\vn Board members Town of Wappinger 20 Middle bush Rd Wappingers Falls, NY 12590 5/17/2011 Re: Connection of124 Old Post Road to . ___.__._....__...._.....gnitr:.~ W~J~E!ng~.r_~_~t~E.~stQ0.~~VD1.___._.___. Dear Supervisor Colsey and Town Board Members: This Letter will serve as a request for my property at 124 Old Post Road (Grid #: 6157-0004- 630435), currently occup1ed by STSTir.e, to be included in the United.Wappinger Water District The average daily flow is 200 galions per day. Attached is a checkfor $4000.00 to beheld in escrow to defray payments for municipal engineering and attorney's costs relating to -this matter. lhave been advised that this was the amount placed in escrow forsimilat purposes by Aroma Osteria. i\ftercompletion oftownwork, any balance. shall be returned tome. My understanding is that there is a "buy'in feen of $10.00 per gallon fonhis Water district ex1:ensioTJ.. This would come to $2000.00. This amount will bepaid when the property is accepted into the district by the town board. The connection will run through my property from Aromia Osteda restaurant and tie into !vIDA Assodates (Mercedes Benz dealer] as perplans discussed \-vith Robert T- Gray, P.E. and Michael Tremper. Thankyouforyour cooperation in this matter. Very truly yours, ~ Robert Tompkins 24 Straub Dr Pleasant Valley,NY 12569 EXHIBIT C WATER SUPPLY PERMIT APPLICATION ISSUED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DATED ,2012 JOINT ApPLICATION FORM [[Z] For Permits/Determinations to undertake activities affecting streams, waterways, waterbodies, wetlands, coastal areas and Sources of water supply. New York State You must separately apply for and obtain separate Permits/Determinations from each involved agency prior to proceeding with work. Please read all Instructions. US Army Corps of Engineers (USACE) APPUCATIONS TO 1. NYS Department of Environmental Conservation 2. liS Army Corps of Engineers 3. NYS Office of 4. NYS Depart- General Services ment of State Check all permits that apply: Check all permits that apply: o Stream Disturbance o CoastaJEroslon o Section 404 Clean Water Act Check all permits that Check If this o Excavation and Fill In Management o Sectlon 10 Rivers and Harbors apply: applies: Navigable Waters o Wild, Scenic and Act o State Owned Lands n Coastal o Docks, Moorings or Recreational. Rivers o Nationwide Permlt(s) - Identify Under Water Consistency IZI Water Supply o Utility Concurrence Platforms Number(s): o Dams and Impol,lndment o Long Island Well Easement (pipelines, Stwctures o Aquatic Vegetation Control conduits, o 401 Water Quality o Aql,latlc Insect Control cables, etc.) Certification o Fish Control Preconstwctlon Notification - o Docks, o Freshwater Wetlands o Y / 0 N Moorings or o Tidal Wetlands o Incidental Take of Endan- Platforms gered/ThreatenedSpecles o I am sending this application to this agency. o I am sending this application n I am sending this o I am sending to this agency. application to this this application aqency . to this aqencv. 5. Name of Applicant (l,lse fl,lll name) Applicant must be: TOWN OF WAPPINGER IZI Owner o Operator Mailing Address o Lessee 20 MIDDLEBUSH ROAD (check all that apply) Post Office City Taxpayer 10 (If applicant WAPPINGERS FALLS is NOT an indlvldl,lal): State NY Zip Code12590 Telephone (daytime) I Emall 845-297-2744 BGUTZLER@TOWNOFWAPPINGERUS 6. Name of Facility or Property Owner (If different than Applicant) AMORE,LLC ROBERT TOMPKINS EDUARDO & LUCIA LAURIA Mailing Address 114 OLD POST ROAD 124 OLD POST ROAD 102 OLD POST ROAD Post Office City WAPPINGERS FALLS State NY Zip Code 12590 Telephone (daytime) I Email 7. Contact/Agent Name BARBARA GUTZLER = Company Name TOWN OF WAPPINGER Mailing Address 20 MIDDLEBUSH ROAD Post Office City WAPPINGERS FALLS State Zip Code NY 12590 Telephone (daytime) 845-297 -2744 Email BGUTZLER@TOWNOFWAPPINGER.US B. Project I Facility Name Property Tax Map Section I Block / Lot Number AMORE,LLC 6157-04-623465 ROBERT TOMPKINS 6157004-630435 EDUARDO & LUCIA LAURIA = 6157-04-625489 D Project Location - Provide directions and distances to roads, bridges and bodies of waters: EASTERLY SIDE OF OLD POST ROAD APPROXIMATEL Y500'-1 ,000' SOUTH OF THE INTERSECTION OF ROUTE 9 AND OLD HOPEWELL ROAD Street Address, If applicable Post Office City State Zip Code NY 12590 SAME AS IN #6 ABOVE WAPPINGERS FALLS Town / Village I City County TOWN OF WAPPINGER DUTCHESS Name of USGS Ql,ladrangle Map Stream/Water Body Name WAPPINGERS FALLS N.A. Location Coordinates: Enter NYTMs In kilometers, OR Latitl,lde/Longltl,lde NYTM-E I NYTM-N I Latlrude I ~ Longlrude 41-34-29.4N 73-54-28.7W JOINT APPLICATION FORM 09/10 This is a 2 Page Application Both Pages Must be Completed Application Form Page 1 of 2 JOINT ApPUCATION FORM - PAGE 2 OF 2 Submit this completed page as part of your Application. 9. Project Description and Purpose; Provide a complete narrative description of the proposed work and its purpos~. Attach additional page(s) If necessary. Include: description of currentsiteconditlons and how the site will be modified by the proposed project; structures and fill materiaisto be Installed; type and quantity of materials to be used (i.e., square ft of coverage and cubic yds of fill material and/or structures below ordinary/mean high water) i3rea of excavation or dredging, volumes of material to be removed and location of dredged material disposal or use; work methods and type of equipment to be used; pollution control methods and mitigation activities proposed to compensate for resource impacts; and where applicable, the phasing .of activities. ATTACH PLANS ON SEPARATE PAGE~. Municipal water service shall be provided 10 the Amore, LLC, Robert Tompkins and Eduardo & Lucia Lauria properties. Service will be extended via a 4" connection to the existing 6" water line presently serving municipal water to the Friendly Motorcars site. The proposed 4" line will run from the existing 6" water line in front ofthe existing Friendly Motorcars building and behind the Robert Tompkins and Amore, LLC buildings to the existing residential house. This line will be located through easements granted by each property. Proposed Use: 0 Private 0 Public OCommerclal I Proposed November, 2012 I Estimated Start Date: Comoletion Date: November, 2012 Has Work 6egunon Project? DYes 121 No If Yes, explain. Will project Occupy Federal, Sti3te or Municipal Land? 0 Yes o No If Yes, please specify. 10. List Previous Permit / Application Numbers (if any) and Dates: N.A. 11. Will this project require additional Federal, State., or Local F'ermits including zoning changes? 0 Yes 1ZI No If yes, please list: 12. Signatures. If applicant is not the owner, both must sign ,the application. I hereby affirm that Information provided on this foom and all attachments submitted herewith is true to the best of my knowledge and belief. Fi3lse statements made herein are punishable as a Class A misdemeanor pursuant to Section 210.45 of the Penal Law. Further, the applicant accepts full responsibility for all damage,dlrect or Indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to Indemnify and save harmless the State from suits, actions, damages and costs of every name and descrlptlon resulting from said project. In addition, Federal Law, 18 U.S.c., Section 1001 prOVides for a fine of not more than $10,000 or Imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up a material fact; or knowingly makes or uses a false, fictitious or fraudulent statement. BARBARA GUTZLER SUPERVISOR Signature of Applicant Printed Name Title Date Signature of Owner Printed Name Title Date Sianature of Aoent Printed Name Tltie Date JOINT APPUCATION FORM 09/10 Application Form Pilge 2 of 2 EXHIBIT D COPY OF LETTER FROM TOWN ASSESSOR LISTING THE DEBT PAYMENTS FOR THE UNITED WAPPINGER WATER/SEWER DISTRICT FOR THE THREE PROPERTIES. DATED APRIL 5, 2012. TOWN OF WAPPINGER SUPERVISOR CHRISTOPHER COLSEY TOWN COUNCIL VINCENT BETTINA ISMAY CZRNIECKI MICHAEL KUZMICZ WILLIAM BEALE Assessor Christian Harkins,IAO AprilS, 2012 ASSESSOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-8275 FAX: (845) 297-8451 www.townofwappinqer.us Debbie Brown Water and Sewei- Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Dear Debbie, I have determined estimated benefit units and taxes for The United Wappinger Water District(WC'WD1), United Wappinger SewerDistrict(UWSDO), Phase 3A Sewer(999W4) and Big Pipe Sewer(999W3) for the properties located at 102, 114 and 124 Old Post Road. Based on the properties assessed value and the current Special District Benefit UnitFormula, as approved by The Wappinger Town Board, the estimated benefit units are as follows: 102 Old Post Road Lauria, Eduardo and Lucia 6157 -04-625489 2011 Total Assessed Value $386,400 District WCWD 1- UWSDO- 999W4- 999W3- Units Rate Tax 1.55 X $127.95 = $198.32 1.60 X $7.14 = $11.42 2.43 X $430.24 = $1,045.48 1.42 X $57.37 = $81.47 $1,336.69 114 Old Post Road Amora, LLC 6157 -04-623465 2011 Total Assessed Value $750,000 District WCWD1- UWSDO- 999W4- 999W3- Units Rate Tax 3.01 X $127.95 = $385.13 3.10 X $7.14 = $22.13 4.72 X $430.24 = $2,030.73 2.75 X $57.37= $157.77 $2,595.76 124 Old PostRoad Tompkins, Robert (ST8 Tire and Auto) 6157-04-625489 2011 Total Assessed Value $750,000 District WCWDl- UWSDO- 999W4- 999W3- Units Rate Tax 3.01 X $127.95 = $385.13 3.10X $7.14= $22.13 4.72 X $430.24 = $2,030.73 2.75 X $57.37= $157.77 $2,595.76 If there are any further questions please feel free to contact me. Respectfully, Christian Harkins, lAG Assessor EXHIBIT E SHORT FORM ENVIRONMENTAL ASSESSMENT FORM 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1_ PROJECT INFORMATION {To be completed bv Aoplicantor Proiect Sponsor} 1. APPLICANT/SPONSOR 2. PROJECT NAME TO'WN OF WAPPINGER TOWN BOARD EXPANSION OF WAPPINGER WATER DISTRICT -- ... .......-..-.-....- -- - ......... . ...-"'- ............ - -- --- 3. PROJECT LOCATION: Municipality TOWN OF WAPPINGER County DUTCHESS 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 114,124 AND 102 OLD POST ROAD, WAPPINGERS FALLS, DUTCHESS COUNTY, NEW YORK 5. PROPOSED ACTION IS: o New [{] Expansion o Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: THE ACTION INVOLVES THE EXPANSION OF THE UNITED WAPPINGER WATER DISTRICT TO SERVE THE FOLLOWING TAX PARCELS: 6156-04-623465 (AMORA, LLC), 6157-04-630435 (STS TIRE), AND 6157-04-625489 (LAURIA) 7. AMOUNT OF LAND AFFECTED: Initially 5.50 acres Ultimately 5.50 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTlONS? [{] Yes ONO If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [{] Residential o Industrial [{] Commercial o Agriculture o ParklForestlOpen Space o Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOWOR UL TIMATEL Y FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes {{] No If Yes, list agency(s} name and permiUapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes lZ]No If Yes, list agency(s} name and penmiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes [{] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDG~ . Applicanllsponsor name: BARBARA GUTZLER, SUPERVISOR Date: 7 .",1 7Id.e!/ di- .?,Jf.,1. )4$ Signature: -.::;Jd, ;.../A&-"'- t:;: c - ...... 7 7) If the action is in the Coastal AreaJ and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART 11- IMPACT ASSESSMENTHo be completed bv Lead Aaencv\ A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. DYes I{] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [ZjYes 0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality,surfaceor groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NONE C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NONE C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: NONE C4. A communitY's existing plans or goals as officially adopted, ora change In use or intensity of use of land or other natural resources? Explain briefly: NONE C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NONE C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: NONE C7. Other impacts 0ncluding changes in use of either quantity or type of energy)? Explain briefly: NONE D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITlCAL ENVIRONMENTAL AREA (CEA)? DYes [{] No If Ves, explain briefly: E. IS THERE, OR IS THERE LlKEL Y TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes [{] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics of the CEA. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUll EAF and/or prepare a positive declaration. o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WIll NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination TOWN OF WAPPINGER TOWN BOARD Date Name of Lead Agency BARBARA GUTZLER, Print or Type Name of Responsible Officer in Lead Agency TOWN SUPERVISOR Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) WATER AND SEWER EASEMENT AGREEMENT THIS INDENTURE made this _ day of , 2012, by and among: MDA Associates, a New York General Partnership, with an address at 134 Old Post Road, Wappinger, New York 12590 ("MDA") (formerly known as Michael Ostrow, Richard Verrilli and Andrew Santandra d/b/a MDA Associates); Robert Tompkins, 24 Straub Drive, Pleasant Valley, New York 12569 ("Tompkins"); Amora, LLC, a New York Limited Liability Company with an address at 1113 Main Street, Fishkill, New York 12524 ("Amora"); and Eduardo Lauria and Lucia Lauria, 1113 Main Street, Fishkill, New York 12524 (together referred to as "Lauria") . WITNESSETH: WHEREAS, MDA is the owner of certain real property located at 134 Old Post Road, Town of Wappinger, Dutchess County, New York, tax Grid no. 135689-6157-04-633403 (the "MDA Parcel"); and WHEREAS, Tompkins is the owner of certain real property located at 124 Old Post Road, Town of Wappinger, Dutchess County, New York, tax grid no. 135689-6157-04-630435 (the "Tompkins Parcel"); and WHEREAS, Somerset Tire Service, Inc. ("STS Tire") currently occupies the Tompkins Parcel pursuant to a lease with Tompkins, and STS Tire utilizes the property for the conduct of a retail automotive service center business and, by signing below, consents to this Easement Agreement by and among the fee simple owners; and WHEREAS, Amora is the owner of certain real property located at 114 Old Post Road, Town of Wappinger, Dutchess County, New York, tax grid no. 135689-6157-04-623465 (the "Amora Parcel"); and WHEREAS, Lauria is the owner of certain real property located at 102 Old Post Road, Town of Wappinger, Dutchess County, New York, tax grid no. 135689-6157-04-625489 (the "Lauria Parcel") WHEREAS, municipal water and sewer mains have been installed on Old Post Road and have a connection point in front of the MDA Parcel (the "MDA Connection Point"); and WHEREAS, The owners of the Tompkins Parcel, the Amora Parcel and the Lauria Parcel have petitioned the Town Board of the Town of Wappinger to extend the district boundaries of the United Wappinger Water District (the "Water District") and the United Wappinger Sewer District (the "Sewer District") to permit water and sewer service to their respective parcels utilizing the water and sewer lines through the MDA Parcel , Tompkins Parcel and Amora Parcel, as depicted on the map attached hereto as Exhibit "A" entitled "Aroma asteria Restaurant, Sewer Service Connection Plan" dated March 28,2011, last revised July 23,2012, Lawrence J. Paggi, PE, PC, (the "Water and Sewer Connection Map"); 1 NOW THEREFORE, for mutual covenants herein and other good and valuable consideration: 1. Easement over the MDA Parcel: 1.1 MDA hereby grants and releases unto Tomkins, Amora and Lauria, their successors and assigns forever, an easement in perpetuity as to that piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, as shown on the Water and Sewer Connection Map and as more particularly described on Exhibit "B", attached hereto and made part hereof, for the purpose of installing, replacing, repairing and/or maintaining water and sewer lines. 1.2 MDA covenants and agrees that nothing will be constructed on or above the ground level within the easement, or placing any permanent or temporary structures, plantings that would otherwise interfere with the easement uses. 1.3 Tompkins, Amora and Lauria covenant and agree that this easement is for only the water and sewer lines and any future installations or tie-ins require the written permission of MDA and the Town of Wappinger on behalf of the Water District and the Sewer District. 1.4 MDA retains the title and ownership of and the right to use the premises described in Exhibit "B", including the surface paving thereof for any and all legal vehicular use and parking. 1.5 Tompkins, Amora and Lauria reserve the right to enter upon the MDA Parcel for required maintenance, repair and replacement purposes upon reasonable notice to MDA, its successors and asslgns. 1.6 Amora hereby agrees to re-grade and replace any area excavated for purposes of installation, maintenance, replacement and/or repair of the water or sewer lines and appurtenances and to leave said area in a condition similar to that which existed prior thereto, including reseeding, re-graveling, re-paving, or repairing where required. 1.7 Amora is fully responsible for proper installation and for all maintenance and repairs and the proper functioning of the improvements within the easement area and will indemnify and hold harmless MDA from any claims, losses, liabilities, costs, expenses, damages, lawsuits, violations, directives, fines or other charges arising out of the installation and operation of the improvements and the use of the easement area; provided that any required maintenance or repair that is caused solely in consequence of the use of the lines by the Tompkins Parcel shall be borne by Tompkins and any required repair that is caused solely in consequence of the use of the lines by the Lauria Parcel or Amora Parcel, shall be borne by Amara. Installation, maintenance, replacement and repair activities shall be conducted on reasonable notice to MDA and reasonable effort shall be used to minimize disruption and inconvenience to MDA . 1.8 As between Tompkins, Amora and Lauria, all costs associated with installation, maintenance, replacement and/or repair of the lines within the easement area over the MDA Parcel shall be the sole responsibility of Amora and Lauria. 2. Easement over the Tomkins Parcel: 2.1 Tompkins hereby grants and releases unto Lauria and Amora, their successors and assigns forever, an easement in perpetuity as to that piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, as shown on the Water and Sewer Connection Map" and as more particularly described on Exhibit "C", attached hereto and made part hereof, for the purpose of installing, replacing, repairing and/or maintaining water and sewer lines. 2 2.2 Tompkins covenants and agrees that nothing will be constructed on or above the ground level within the easement area, or placing any permanent or temporary structures, plantings that would otherwise interfere with the easement uses, except pavement and related improvements for parking and vehicular use, and improvements related to water and sewer lines and appurtenances. 2.3 Lauria and Amora covenant and agree that this easement is for only the water and sewer lines and services herein contemplated. Any future installations or tie-ins require the written permission of Tompkins/STS and the Town of Wappinger on behalf of the Water District and the Sewer District. 2.4 Tompkins retains the title and ownership of, and Tompkins and STS Tire retain the right to use, the premises described in Exhibit "C", including the surface paving thereof for any and all legal vehicular use and parking. 2.5 Lauria and Amora reserve the right to enter upon the Tompkins Parcel for required maintenance, repair and replacement purposes upon reasonable notice to Tompkins, STS Tire and their respective successors and assigns. 2.6 There will be a meter pit on the Tompkins parcel as shown on the Water Sewer Connection Map. The water service will split at the meter pit into two metered lines; one metered line shall be the water service for the Tompkins parcel and the other metered line shall be for the Amora and Lauria parcels. Tompkins shall be responsible for maintenance of the water line serving the Tompkins parcel and Amora and Lauria shall be responsible for maintenance of the water line serving the Amora and Lauria parcels. To the extent the sewer lines within the easement area over the Tompkins Parcel are used by Lauria, Amora and Tompkins, all costs associated with maintenance and repair shall be the responsibility of Lauria and Amora unless the cause for the maintenance and/or repair is caused solely by the use by the Tompkins Parcel, in which case the cost shall be borne by Tompkins. To the extent the sewer lines within the easement area over the Tompkins Parcel serve only Lauria and Amora, Lauria and Amora shall be solely responsible for all costs associated with the installation, maintenance replacement and/or repair of such lines. 2.7 Lauria and Amora hereby agrees to re-grade and replace any area excavated for purposes of installation, maintenance, replacement and/or repair of the water or sewer lines and appurtenances and to leave said area in a condition similar to that which existed prior thereto, including restoration of top soil, reseeding, re-graveling, re-paving, or repairing where required. 2.8 Amora agrees that, at Amora's sole cost and expense, Amora shall connect the building on the Tompkins Parcel to the new water line and to the new sewer line. The parties acknowledge and agree that the installation of the water and sewer lines within the easement area shall result in the removal by Amora of the existing septic system serving the building on the Tompkins Parcel. Amora, at Amora's sole cost and expense, also shall grade the disturbed area, adding all necessary fill and top soil, and re-seed the lawn area. Amora, at its sole cost and expense, also shall provide and service a portable toilet (meeting all ADA and other handicap accessibility standards) during the time of construction from the time the septic system on the Tompkins Parcel is no longer useable until the use of the sewer line by the building on the Tompkins Parcel is unconditionally approved by the municipality and any other governmental agency or entity having jurisdiction over the same. Amora agrees to schedule such work and to otherwise use best efforts to keep the loss of use of the toilet within the Tompkins building to a minimum period of time. Without limitation, Amora agrees that it shall minimize the time that the toilet in the building of the Tompkins Parcel is not useable. It is anticipated that the toilet within the building on the Tompkins Parcel shall not be useable for only three (3) or fewer business days (with a "business day" herein being defmed as any day Monday through Saturday that STS is, or otherwise would be, open for business). If such toilet is not useable for more than three (3) business days, then Amora shall pay STS Tire a penalty for each and every business day beyond three in number that the toilet within the 3 building is not available for use in accordance with the following: (a) if the toilet is not useable for four business days or more, Amora shall pay STS Tire: (a) a penalty of $250.00 per day for each of days four through seven; (b) a penalty of $500.00 per day for each of days eight through fourteen, if applicable; and (c) if applicable, a penalty of $1,000.00 per day for each of days fifteen through the day that the toilet within the building fmally becomes useable based upon the lawful tie-in to, and lawful use of, the new sewer line without condition or qualification. 2.9 Amora shall be responsible for obtaining all necessary municipal and other permits and approvals to connect the structure on the Tompkins Parcel to the sewer line and to the water line, including, but not necessarily limited to, any required as built surveys, revised engineering plans, or other items that may be required to provide for such connections, and for the buy in fee for the Tompkins parcel at an estimated 200 gallons per day. 2.10 All contractors performing work, labor and services on the Tompkins Parcel shall have comprehensive liability insurance in the minimum sum of Two Million Dollars and Workers Compensation insurance, and both Tompkins and STS Tire shall be named as 'additional insureds' on such policy. Proof of such insurance coverage shall be provided to Tompkins and STS Tire prior to the commencement of work. 2.11 Lauria and Amora are fully responsible for proper installation and for all maintenance and repairs and the proper functioning of the improvements within the easement to the extent it serves only the Lauria and Amora Parcels, and Lauria and Amora will indemnify and hold harmless Tompkins and STS Tire and their respective successors and/or assigns from any claims, losses, liabilities, costs, expenses, damages, lawsuits, violations, directives, fines or other charges arising out of the installation, maintenance, replacement, repair and/or operation of the water and sewer lines and associated improvements and the use of the easement area. 3. Easement over the Amora Parcel: 3.1 Amora hereby grants and releases unto Lauria, their successors and assigns forever, an easement in perpetuity as to that piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York, as shown on the Water and Sewer Connection Map and as more particularly described on Exhibit "D", attached hereto and made part hereof, for the purpose of installing, replacing, repairing and/or maintaining water and sewer lines. 3.2 Amora covenants and agrees that nothing will be constructed on or above the ground level within the easement, or placing any permanent or temporary structures, plantings that would otherwise interfere with the easement uses, except for improvements/appurtenances related to the water and sewer lines herein contemplated. 3.3 Lauria covenants and agrees that this easement is for only the water and sewer lines and any future installations or tie-ins require the written permission of Amora and the Town of Wappinger on behalf of the Water District and the Sewer District. 3.4 Amora retains the title and ownership of and the right to use the premises described in Exhibit "D", including the surface paving thereof for any and all legal vehicular use and parking. 3.5 Lauria reserves the right to enter upon the Amora Parcel for required maintenance, repair and replacement purposes upon reasonable notice to Amora, its successors and assigns. 3.6 Lauria hereby agrees to re-grade and replace any area excavated for purposes of installation, maintenance, replacement and/or repair of the water or sewer lines and appurtenances and to leave 4 said area in a condition similar to that which existed prior thereto, including reseeding, re-graveling, re-paving, or repairing where required. 3.7 Lauria is fully responsible for proper installation and for all maintenance and repairs and the proper functioning of the improvements within the easement area and will indemnify and hold harmless Amora from any claims, losses, liabilities, costs, expenses, damages, lawsuits, violations, directives, fines or other charges arising out of the installation and operation of the improvements and the use of the easement area. Lauria will have installed a submeter for water usage and shall reimburse the Amora Parcel for water usage based on the submeter readings as made from time to time on more or less the same billing schedule as the Water District. The Amora Parcel shall have the right to lien the Lauria Parcel for any unpaid water bills. 4. General Terms: 4.1. Compliance with Water and Sewer District Requirements. All installation, maintenance and repairs shall comply with specifications or other requirements of the water and sewer districts. All plans and specifications for installation, maintenance and repairs shall be first presented to the district for review and approval. 4.2 Extinguishment of Easement. The water and sewer lines serving the Lauria Parcel, Amora Parcel and Tompkins Parcel are temporary service lines and are to be privately maintained pursuant to separate agreement between Amora, Lauria and Tompkins in these water and sewer lines are not intended to be transferred to the respective water and sewer districts because the service lines to be constructed pursuant to this Agreement can not extend on the public road frontage for the subject parcels. In the event UWWD or UWSD extend water or sewer mains along Old Post Road to the frontage of the subject parcels, such parcel or parcels shall then be required to connect directly to the water and sewer mains so constructed, provided there are no non-district wide added benefit assessments for the water and sewer line extensions, at which time such parcel will be deemed to have its easement rights herein extinguished. 4.3 The AMaRA parcel shall be the parcel that shall have the account with UWWD for water usage for the line servicing the AMaRA parcel and LAURIA parcel. The LAURIA parcel shall be a sub-account to the AMaRA parcel and shall have its own meter. The owners of the LAURIA parcel shall pay to the owners of the AMaRA parcel at the rates in effect for its metered usage, as established by the TOWN. The AMaRA parcel shall have lien rights against the owners of the LAURIA parcel for unpaid water charges. The owners of the AMaRA parcel shall also bear the risk of water loss between the master meter off the water main to the two meters in the meter pit on the TOMPKINS parcel. 4.4 AMaRA, LAURIA AND TOMPKINS each acknowledge that Operation and Maintenance Charges for sewer are based on the total number of capital benefit units assigned to each parcel by the UWSD and each parcel will be billed Operation and Maintenance Charges based on the benefit units assigned to each parcel in accordance with the UWSD's standard policy for sewer billing. A copy of estimated benefit assessment by letter of the Town of Wappinger dated April 5, 2012 is attached as Exhibit E. 5 IN WITNESS WHEREOF, the parties above named have caused this Water and Sewer Easement Agreement to be executed and acknowledged the day and year first above written. MDA ASSOCIATES By: Michael Ostrow, Partner Robert Tompkins AMORA, LLC By: Eduardo Lauria, Member Eduardo Lauria Lucia Lauria Consented to: Somerset Tire Service, Inc. By: 6 STATE OF NEW YORK ) :ss COUNTY OF DUTCHESS ) On this day of , 2012 before me personally appeared Michael Ostrow personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her capacity, and that by his/her signature on the instrument, the individuals, or persons upon behalf of which the individuals acted, executed the instrument. Notary Public STATE OF NEW YORK ) :ss COUNTY OF DUTCHESS ) On this day of ,2012 before me personally appeared Robert Tompkins personally known to me or proved to me 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 individuals, or persons upon behalf of which the individual acted, executed the instrument. 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PIlEPA'tru o~ MOMCII...,1 UIf:'lnITI"'I'Jil. f.ll PR(lP,lSHl<Cr',IoIOI: ljllllrvIiA~';Mo,r ltIFA'I\JROFP...nctL::I I dt~1 'M aJ:'ool~ :::~~~~'~~ ~ UlIU/VE.lSHU'"'11 J.4lof~,;; ....". ,IoIUN1'" rAIiEtI"ifUl>l nOl' "'l""l e"flI'I.F(j'SUf"'E:'(A~"':lIlO\I\',l{;r"or'\l~rOUln'IV E~~M1:1lf H~IOUml fllE/MIOS CF Io'Cfl.l.B. Cl5r/''''(AII':HMW'/fllllllU NlO .....1URf.WJ.yjfAtIUfI..Alo(l tHfl..:.uG1t fir( v.tIlI:1~IlQflEIU fOMl'llItIS-.PIl.l;;PAAH,g,vtACIt.\HA O~U'OUlPC ,Ol\rlO~M 11.:;011 SEWER SERVICE CONNECnON TO EXISTlNG SEWER MAI~I LAWRENCE J. PAGGL PE,PC ~' CONSULTING ENGINEER/NG ~= _~_ 4ft BROAD STREET r:.==s ~, Fl~UJGLLI NEY YORK UCU ---- nlJlPHorol(II'IS) 807-)1'''6 fll',1!Kri ;8'1 t!'Att vMv~, ;U'-- ""r- I/LI/ii 1CTIl'l'" Itn/ll ~~~~~~t ~~~~ f-- i 1 OF 1 .... JoUJl,Ctl n. lOll 'iC.>UIH - -"-,,.'-'- 1". QO' JOIl-~,,- 10-%20 AROMA OSTERIA RESTAURANT OLD POST ROAD, TOWN OF WAPPINGER DUTCHESS COUNT~ NEW YORK SHEET # C101 Michael A. Dalbo Land Surveyor, P.C. 10 Crum Elbow Road Hyde Park, N.Y. 12538 (845) 229-9383 Tel. (845) 229-9384 Fax May 12,2011 Survey Description Of Utility Easement Over, Across and through Parcel A, shown on Filed Map #11554, through the lands of Michael Ostrow, Richard Verrilli and Andrew Santandra To be granted to Robert Tompkins & Amora, LLC t- L- t^-c.A-r~ '1... All that parcel of land situate in the Town of Wappinger, County of Dutchess and State of New York, being bounded and described as follows: Beginning at a point on the easterly line of Old Post Road, distant S12031'OO"W 149.03' and S06014'50"W 55.26' from the southwest corner of the lands of Richard Tompkins, described in Liber 1590 of Deeds at page 677; thence running into and through the lands of Michael Ostrow, Richard Verrilli and Andrew Santandra, shown as Parcel A on Filed Map #11554, N87043'48"E 137.10' and N16015'01 "E 160.27' to a point on the northerly line of said Parcel A and a point on the southerly line of the aforementioned lands of Richard Tompkins; thence running along the southerly line of the last mentioned lands, S74000'49"E 25.00'; thence running into and through the aforementioned lands of Michael Ostrow, Richard Verr,iIli and Andrew Santandra, S16015'01"W 160.39', SIl016'1l"W 26.28', S73044'59"E 5.00', S16015'01"W 41.57', N73044'59"W 20.00', N16015'01"E 50.77' and S87043'48"W 146.64' to a point on the easterly line of Old Post Road; thence running along the easterly line of Old Post Road, NIl o24'09"E 3.22' and N06014'50"E 17.06' to the point of beginning. File: 3071 utility easement to Richard Tompkins & Amara, LLC page 1 of 1 ~ ,Kk.., ":l ,--I;- '......, ., { 6 TOWN OF WAPPINGER Assessor Christian Harkins, JAO ASSESSOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297 -8275 FAX: (845) 297-8451 www.townofwappinqer.us April 5,2012 Debbie Brown Water and Sewer Administrator TovVTI of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Dear Debbie, SUPERVISOR CHRISTOPHER COLSEY TOWN COUNCIL VINCENT BETTINA ISMAY CZRNIECKI MICHAEL KUZMICZ WILLIAM BEALE ~~~ ~?l~'?~\'~\.L!~- \0\1 '\, --J"""'" .' - ~\ ';1;, it:' Y ~~<< ~~' '__' , .!~ ~'; 'r:; .:,.:. ~.. .. ~ ,_.;....- . ~ JIJL 2 -j 'LG'll .: . \ i 1 ,.,' Lt.? ': .~ V $. ~,~.~. f . ---. I have detennined estimated benefit units and taxes for The United Wappinger Water District(WCWDI), United Wappinger Sewer District(UWSDO), Phase 3A Sewer(999W4) and Big Pipe Sewer(999W3) for the properties located at 102, 114 and 124 Old Post Road. Based on the properties assessed value and the current Special District Benefit Unit Formula, as approved by The Wappinger Town Board, the estimated benefit units are as follows: 102 Old Post Road Lauria, Eduardo and Lucia 6157 -04-625489 2011 Total Assessed Value $386,400 District WCWD1- UWSDO- 999W4- 999W3- Units Rate Tax 1.55 X $127.95 = $198.32 1.60X $7.14= $11.42 2.43 X $430.24 = $1,045.48 1.42X $57.37= $81.47 $1,336.69 114 Old Post Road Amora, LLC 6157 -04-623465 2011 Total Assessed Value $750,000 District WCWD 1- UWSDO- 999W4- 999W3- Units Rate Tax 3.01 X $127.95 = $385.13 3.10 X $7.14 = $22.13 4.72 X $430.24 = $2,030.73 2.75 X $57.37= $157.77 $2,595.76 124 Old Post Road Tompkins, Robert (STS Tire and Auto) 6157-04-625489 2011 Total Assessed Value $750,000 District WCWD1- UWSDO- 999W4- 999W3- Units Rate Tax 3.01 X $127.95 = $385.13 3.10X $7.14= $22.13 4.72 X $430.24 = $2,030.73 2.75 X $57.37= $157.77 $2,595.76 If there are any further q~estions please feel free to contact me. Respectfully, Christian Harkins, lAO Assessor