Brothers Road RESOLUTION NO. 2004-327
RESOLUTION ACCEPTING EASEMENT FOR 46 BROTHERS ROAD
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 the 13th
day of December, 2004, at 7:30 P.M.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Council Members - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT:
The following Resolution was introduced by Mr. Paoloni and seconded by
Ms- McCarthy
WHEREAS, in connection with the Arent Subdivision located on Brothers Road in the
Town of Wappinger, Town Engineer, Joseph E. Paggi, Jr.,has recommended a formal
Stormwater Drainage Easement be established so as to permit the continued discharge of
stormwater through the property subdivided; and
WHEREAS, the owner of the property,Ultra-Craft Homes, Inc., has agreed to grant the
Town such an Easement, in the form as requested by the Town Engineer and approved as to form
by the Attorney to the Town, Albert P. Roberts; and
WHEREAS, the exact legal description of the proposed Easement Area has yet to be
determined and approved by the Town Engineer.
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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 accepts the Easement for stormwater purposes to be
conveyed by Ultra-Craft Homes, Inc. in the form as requested by the Town Engineer, Joseph E.
Paggi,Jr., and subject to his verification and approval of the legal description for the permanent
Easement Area.
3. Town Supervisor, Joseph Ruggiero, is hereby authorized to execute any
documents necessary to pay any costs associated with the recording of the Easement in the
Dutchess County Clerk's Office upon the recommendation and approval of the Attorney to the
Town,Albert P. Roberts.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor Voting Ave
ROBERT L. VALDATI, Councilman Voting Aye
VINCENT F. BETTINA, Councilman Voting Aye
JOSEPH P. PAOLONI, Councilman Voting Aye
MAUREEN MCCARTHY, Councilwoman Voting Aye
Dated: Wappingers Falls,New York
December 13, 2004
The Resolution is hereby duly declared adopted.
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GLOR J. MOR CLERK
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GARDELL ASSOCIATES
LAND SURVEYING & ENGMERRqG, P.C.
102 Brothers Road
Wappingers Fahs,NY 12590
Eric W.Gardell,P.E.,L.L.S. Phone: (914)297-2607
Janet S.Gardea,L.L.S. Fax-, (914)297-0983
February 14, 2000
Mr. Grahain Foster, Highway Superiritendent
Town of Wappinger
Middlebush, Road
Wappingers Falls, NY 12590
Dear Mr. Foster:
This is in response to your merno dated February 9, 2000.
The wet area, in question is not a"State wetland," since it is not shown on the
official State wetland map.
If it were delineated, surveyed and checked by the Army Corps of Engineers,
it would likely be designated as a Federal wetland. Any work within a
Federal wetland requires a lie pit; however, if the disturbed area is less than
1/3 of an acre, it is a fon-nality only and would be covered by the Nationwide
permit. In any event, the Corps would probably have no objections to
cleaning ditches to their originally constructed grades, especially considering
the recent concem abQut disease boby mosquitoes.
Thank you for your attention to this matter.
Very truly yours,
X
Eric W. Gardell
EWG/jsg
TOWN OF WAPPINGER
(914)297-9451
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K k
SUPERINTENDENT OF HIGHWAYS
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590
!
73: Town Board
Grdon Foster
SUBJWr-. Wedod Area-Brows,Gold&Mon*n Woods Road
DATE: Feb MIKY 9,2000
ais , eaea ved the as wood petition from r=Wmb in the above area. As yon an
'. TOIW e W compWzft fmm this area in the past,mnd my htmds hews been tied,
Alm1@ tyre See that most of this area is in the wetland.
a&Ci'rs"has pohod out that this area was devv+eloped m the each►60,& Ono problem
S than*v Yaks hews changed since then con=dM wet areas.
I and dn+ection fi*m the Board on how m proond in this master.
am M Roberts-Town Attorney
Jay Poe-Town F.aginocar
List afRocaidents on Petition
Y
I} �
F Dber$, 1994
4
Mr.Grhi Foster,Highway Supermlendent
'�"TOWfl of Wappiiiger
Midebw h Road
Wappingers Falls, NY 12590
Dear Mr.Foster:
Asyou know,there is a considerable wet area South of Cold Road in the area between
Brothers Road and Montfort Woods Road. When this area was first developed around
.1960,sevand cross culverts were constructed that feed this area and one under Goold Road
;,' ;that drains the area. .At that time,ditches were constructed to drain the low, wet area.
=m cufveits woCre sat with correct elevations to amoi»plish this.
Over tha years,the ditches have silted m considerably—possibly as much as 2 fixt in same
areas. Tbis has caused water water elevations in the entire area. At the west end of a
calm t under Brothers Road(about 200 feet South of Gold Road),the water is
totely l foot deep. The bottom lame result is that in the wet area the water
*levat;ons are kweasing in height and the wet area is' in size, a my echmg on
e usable 8r+C8IS of the surrounding lots.
F
Please accept this as a petition by the undersigned area residents for the Town to clean
out,.re-grade and re-shape thecx ditches.
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Docanber 8, 1999
Mr..Graham Foster,Highway Superintendent
Middiebush Road
Wappingers Fails, NY 12590
Dear Mr. Foster:
As you]mow,them is a considerable wet area South of Gold Road is the area between
Brothers Road and Montfort Woods Road. When this area was first developed around
1960,several cross culverts were constructed that feed this area and one under Gold Road
that drains the area. At that time,ditches were constructed todrain the low, wet area.
eroas culverts were set with correct elevations to accomplish this. a
(3ves'the years,the ditches have silted in considerably_possibly as mach as Z feet in some .
This has caused rising water elevations in the entire area, At the west end of a
Oulvect under Brothers Road(about 200 feet South of Gold Road),the water is
' appnoly I foot deep. The bottom line result is that in the wet area the water
eiievations ane increasing in height and the wet area is increasing in size, encroaching on
the usable areas of the surrounding lots.
Praisewept this as a petition by the undersigned area residents for the Town to clean
out,re-grade and reshape theme ditches.
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Name Address Tax 1
(mV 635&03)
Cmwde� ff 102 Brothers Road 062404
Zaw
103 Brothers Road 107417
101 BBairan
rothers Road 115399
104 Brothers Road 062428
Pizze� 14 Montfort Woods Road 178432
k 13 Montfort Woods Road 148421
Jkvis
11 Montfort Woods Road 139432
93 Brothers Road 090344
Colvin
74 Gold Road 056454
Burt
78 Gold Road.
084465
Mendel 80 Gold Road 100472
Woeckener 9 Montfort Woods Road 128453
Mases 10 Montfort Woods Road 160456
Calan 76 Gold Road 069459
Bal�erle 97 Brothers Road 1OS370
Bakke 15 Montfort Woods Road 156410
95 Brothers Road 100357
b(arfinson81 Gold Road 110447
F
E
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TOWN OF WAPPINGER
SUPERINTENDENT SUPERVISOR
GRAHAM FOSTER JOSEPH RUGGIERO
TOWN COUNCIL
VINCENT BETTINA
• CHRISTOPHER J.COLSEY
JOSEPH P. PAOLONI
SUPERINTENDENT OF HIGHWAYS ROBERT L.VALDATI
20 OLD ROUTE 9
WAPPINGERS FALLS, NY 12590-0324
(845)297-9451
TO: TOWN BOARD
FAX: (845)298-0524 RECEIVED ED
.
FROM: GRAHAM FOSTER MAY 3 12002
DATE: MAY 29,2002 TOWN CLERK
SUBJECT: #104 BROTHERS RD.
At our Board meeting of May 28,2002 the resident at#104 Brothers Rd.complained of the roadside ditch
at the edge of her property.
The ditch in question runs along the entire frontage of#102 and#104 Brothers Rd.It picks up road and
yard drainage from both of these properties. At its deepest point,(approx.40"),it crosses Brothers Rd
through a concrete pipe. This crossing is located near the property lines of#102 and#104. One section of
the ditch was filled in approximately three years ago to insure free access to an existing fire hydrant.
The ditch can be piped from the driveway at#104 to the driveway at#102. It would be necessary to install
a catch basin where the pipe crosses Brothers Rd.To properly do the job,the pipe in front of the fire
hydrant should also be replaced.
The following is an estimate of cost.
80' 12"pipe @$2.83 per foot: $226.40
1 catch basin: $250.00
I grate and frame $200.00
30 ton washed gravel: $400.00
20 yd.top soil: $400.00
30 man-hours @$25.00 per hour: $750.00
$2,226.40
I believe the ditch in question has existed for 3540 years. Piping this ditch at this point in time would be
for looks only. The ditch is functional,drains well and is not a hazard. The residents concern with
mosquitoes is difficult to address since the property is within several hundred feet of a significant wetland.
cc: Joseph Ruggiero.
Vincent Bettina
Christopher J.Colsey
Joseph P.Paoloni
Robert L.Valdati
Gloria Morse
7 :1
of
5"1" th a Towr of �U V
-I I A C YUHN no! corsovation of the OMO�
of An YnA here ! Naftdr Merred to Ps th � "Town" W Qauncq-,''
QDIQ Onnue
hareinaftir refeired to as Us "WAs" .
Tom, the Golds cie tta sr7 A a certain n2yn& of
ne uAn 1 Dr road :=Dswo in tho W�n of A
a- MANKCPS1 It9te of W NA9 Vtsetne in Oe sbutherly We A
myers Caraers lan avo , �vE nsotionapLy Rescribet in u 02A "AA
Onj ackroyindnsc SeptylDer 7 , 7QQO fr3n Qqp7cny &V tio -Onrac,
Gold to As Wn of �a )t ��nrl � 001 =cz H W120 one! in naQe 20Q
a nowlete OFSA ;Won, 30 spit �Srvel is SIPW C�wn on 3 c2rtsLn
= p e0itled Man Ywo of 76naraT � titys , 7rotters 7oad and
Dolts sitaste in tic Qvn 3T Qvnin7ers , Dutchass County , N�n �Ork
71dch Yap Ts dated ZeateAar 1960 , aAnotet � PrAu , n9rhed " IIMA
kNe K �iA H KVF Q -Pae7eqt .
�-Tvpjhu, tv�� w�jq s is s" 7� 2 3n rnj & may, n3nely Vat
Oortion of 110thars hoac , stoun on W? mmn lose �,cad sno � =20rt
nds L ne2 are cDooletely finished except fol 011in, which it P�
deamej AVEable not to tte A lub" Ins y mJ,
the said Chauncey Gold A Yonrce Gold desile Unt
Town accept acid rcHds nK ininve any nnow WerefTDO ln� Oc
Villin- to annept s3in ruen 7roviding that sOH Mance,":
�-unloe Vid cwl�] etc said rosis in yaciru4m, � Ith th'-'
specifications F�tycved hereto by juns 1 , 1961 31 5 Wintyin hy
sAma in a pas, able ccnditkon, eTcert wr sno- �eyovyl , until PIA
june LT
111
W in consiaerution Qf t� e vutus! rnmW2 3M'�
novenan ts c�ntv 1 net K er o A n, tLe r art A s s n r nelow s:
--ereQ ncae A the above Aectioneo Deed and ,
0,V �jtn ye p7coution of Vii,
jis t" nj Tunh U surety G. apn�y �Dnw it QA CAM of'
Nful
of tAp aforementionsd itms to be cw�plcted , and
Et
EJ G
40T, On Golds YL11 csa3v Me ssil vork to n =nl AV Or
no later thon dune 1 , 1961 , an�
7-1.7 upon the failuie of Wboncey Gm and Y.nroa Gold t
co7nlet( Qotsln Ve romin as aforesaid juII
7nan 1 , 170 ,
Man qn! in tAnt event the 7T ;n snall c2use Puch OM nnd maintan-
sncc to to 3 D oleted in uncordance with this Qreeront anj tA
snl� lhaq=47 0&0 ant Vonrce Cold snd the 2wrety upon their
alai ! be 13sponpidic nDd ! table Tor tO cost thereof to scid Tonn.
Mon We MUM compliance of Mauacey GoU Dn6 Ywnroe qoQ
with tke terms of tKis anreement tAe Awn shall Mease and As-
ch -rCe tKa said Usuncey 0010 PV Yonroe Sold anO QW7 uron
t�ejr nonj from nny Tuptler 11 �) ! Wty under this arronrent .
:17 -7 V& :3 5 ap lon I We nantles hereto havo set their isnts
anO sealc an the day first above written.
III
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MINIMUM STANDARD RE QUIRED1ENTS
FOR ESTABLISHING NEW TOWN �iOADS
IN THE TOWN OF WAPPINGERS, DUTC11ESS COUNTY, NEW YORK
The Town Superintendent of Highways will not recommend,
and the Town Board will not accept or establish any new Town
Road which does not. meet the following minimum requirements
and standards which have been Jointly established by the Town
and County Superintendents of Highways to conform to legal
requirements in New York, WHICH REQUIRET�ENTS AND STANDARDS. ,
MUST BE MET AND PAID FOR 13Y THE PERSON OR FIRM PROPOSING
THAT THE TOWN TAKE OVER SUCH ROAD:
1. The proposed roadway must be 3 rods in width, and its
proposed name and location -must be shoTvm on a correct map
thereof prepared by, a licensed .surveyor setting forth the.
correct metes.. and bounds description of such road. Four
copies of such- map. must be filed with the To%�m Superintendent
at the time of the application to make such road a Town Road.
Such roadway'.-Must' not be subject to any right or .ea:semeht
in others which will 'in any gray interfere with its use 'as
a road 'at all times.'
2. Such .roadway mist be granted to the Town by afull .
covenant- and warranty. deed containing the correct metes
and bounds .`description shown on said map, which deed must
be in such form as- may be required to entitle the . same
to be .recorded'.in the Office of the County Clerk of
Dutchess 'Oounty; and. the filing fees must to paid by the
applicant.
3. Permanent `easements to .the Town must be furnished
in such deed, or by.,4 separate instrument granting to the
Town and right to'maintain all outlets for surface water
which will. .run from such roadway over. private property
to a point where a natural water course exists and to
which such outlet and easements will carry such -water. —
. 40'
uch -water.. 4, The proposed roadway must be made to conform to the
minimum requirements and standards set forth. below,. and
in all cases adequate drainage shall be provided by means
of ditches and culverts and suitable drainage pipes.
.Leaching basins may only be used by special permission, and
then only when the same' are located, at the places specified
and the same are built in accordance with the specifications
therefor as set forth below.
5; All obstructions such as trees (especially dead trees),
buildings, walls and other things which would endanger those
using such roadway or would interfere with the full and
free use of the roadway must be removed at the expense of the
person or firm proposing such road.
-2-
6. After gravel roadway has been graded to true alignment,
inspected and approved by the Town. Superintendent of
Highways, the travelled way must be surfaced as specified
with Bituminous, material and dashed stone or washed gravel.
Bituminous Material
(a) Four tenths of a gallon of
AMphpAA shall be applied to the gravel roadway.
(b) Cover completely with 5/8 inch crushed stone and roll.
(c) Seal with six tenths of a gallon ofXXXXRXD=TUDucMjr=
� ,. Bituminous Material
(d) Cover with 3/8 inch crushed stone and .roll. .
7. The paving, materials used must comply with the New York State
Department of Public Works Specifications and be approved by the
Town Superinterident'.of Highways.
8. The Town. .Supei-intendent of Highways or his representative
must be present during .the paving procedure.
9. Before the completed .roadway is accepted by the .Town
the Contractor must furnish satisfactory guarantee that all
bills'accrued during the construction of the .roadway have
been paid' iri' full or make satisfactory ,arrangements therefor.
10. No 'ciulverts shall' be smaller than 15" diameter'.
11. No road shall'- have a' grade. of over 10 v.
12. Where ditches. have a grade over 6% they shall, be paved
with 3" of plant mix material.
NOTE: The proper type and grade of Bituminous Material
to be determined by the Town Superintendent to suit
existing conditions.
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NOTE: CATCH BASIN
SIZE & NUMBER OF PIPES
WILL VARY WITH CONDI-
TIONS. IF LARGER PIPE
IS USED,GENERAL DIMEN-
SIONS WILL,INCREASE.
CLEARANCES WILL HOLD.
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ELEVATION
TOWN HIGHWAY 'STANDARDS
DUTCHESS CO., Iv Y.
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SCALE %2=1- 0
PREPARED IN OFFICE OF COUNTY SUPT.OF HWAYS
DROP INLET
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8,! 2! Oa 8N
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OR FILLED BLOCK
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ELEVATION
TOWN HIGHWAY STANDARDS
DUTCHESS CO, N. Y.
SCALE % =1-0l�
PREPARED IN OFFICE OF COUNTY SUPT. OF HWAYS
LEACHING PIT
STANDARD
NOTE: USES/ ROUND .REINFORC 2r 0A GRATE
ING BARS eC. TO C. IN
BOTH DIRECTIONS
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TOWN HIGHWAY STANDARDS
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PREPARED IN OFFICE OF COUNTY SUPT. OF HWAYS
TOWN OF WAPPINGER
SUPERVISOR TOWN COUNCIL
•
IRENE M.PAINO VINCENT G.FARINA
_ GERARD J.MCCLUSKEY
DAVID E.REIS
JUNE A.VISCONTI
1
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH LOAD
P O. BOX 324
WAPPINGERS FALLS,N. Y. 12590-0324
(914)297-5771
ELAINE H.SNOWDEN
TOWN CLERK
December 18, 1986
Memo To: Kenneth Croshier, Highway Superintendent
From: Town Clerk' s Office
Re: Recommendations on Brown Road Traffic Study
Submitted by Engineer to the Town
At the regular meeting of the Town Board held December 15,
1986, it was requested that the Highway Department assume the
responsibility of three of the recommendations listed on the
above caption study.
The first pertains to "Children at Play". sign which Mark Day
of the firm of Paggi and Martin discussed with the Highway Department
and presumably made arrangements for its installation..
The Highway Department was requested to make arrangements to
retain the Dutchess County Department of Public Works to extend
the white lines as explained in Item #3.
It was also requested that Item #4 be handled by the Highway.
Thank you for, your cooperation on .these matters .
Elaine H. Snowden
Town Clerk
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BROWN ROAD TRAFFIC STUDY
TOWN OF WAPPINGER
APPINGERS FALLS, NEW YORK, 12590
Prepared y
Paggi & Martin
Consulting Engineers & Land Surveyors
54-56 Main Street
Poughkeepsie, New York 12601
December 1956 �
Purpose;
The purpose of this report is to address the traffic conditions at
Brown Road which have been pointed out by the concerned residents of
Brown Road.
Background;
On October 24, 1986, an accident occurred involving the fatality of a
nine year old child. This incident sparked concerned residents to
point out the traffic conditions which have plagued the road for many
years.
On December 4, 1986, this office met with Mrs. Sharon A. Price, the
chairwoman of the Brown Road Residents, and Mrs. Alison Weimer,
the co-chairwoman, They pointed out many of the existing conditions
such as-
1 ) No cautionary signage.
2) No safe place to walk or ride bicycles.
3) No patrolling or, enforcement of the prescribed 35MPH speed
limit.
4) No lane limit delineation between shoulder and pavement.
5) Most of the homes on Brown Road between All Angels Hill
Road and the new bridge have small children:
Other conditions on Brown Road which warrant need of safety'
measures were noted as follows
1 ) The existence of the farm on the northerly side of Brown
Road is an invitation for children to cross Brown Road
frequently.
2
2) Since there is a Dutchess County loop Bus.,stop at the
intersection of Brown Road and All Angels Hill Road, many
residents walk on Brown Road to and from the bus stop,
3) There is frequent disregard for the prescribed speed limit.
Recommendation:
The following recommendations made by this office are felt to be
effective measures in developing safer conditions at Brown Road:
1 ) A sign reading "Children at Play" should be installed so as to
alert drivers of the possibility of their presence near the
road,
2) We recommend that the prescribed speed limit be changed to
25MPH from All Angels Hill Road to the Town line.
3) The white lines which mark lane limits between the
shoulder and the pavement should be extended from the new
bridge to All Angels Hi 11 Road.
4) The shoulder on the south side of Brown Road should be
extended 5' from the proposed white line from All Angels
Hill Road to the new bridge, This should be paved so as to
allow pedestrian traffic.
This office has been in contact with the Highway Department
concerning these recommendations.
The "Children at Play" sign can be installed without review or
approval from any outside agencies.
The white line extension can be done by the Dutchess County
Department of Public Works which is hired frequently by the Town to
stripe roadways.
The shoulder can be extended in order to form a pathway for
pedestrians and cyclists,
3
Changing the prescribed speed limit can not be done by the Town; it
has to be approved by the State. The procedure is complex and can
take from 6 to 8 months,
It is the belief of this office that these recommendations will benefit
the residents of Brown Road and alert drivers to the possibility of
pedestrian travel in the area.
4
' T
' October 27, 1986
To : Superintendent of Highways Dept .
From-.
Subject`: ' Triffic Patterns and Safety
In view of the tragedy involving the death of a 9 year
old child on Brown Road on FridayNctober 24, 1986, we the
residents of this area have united and formed an AD-Hoc
committee, for the purpose of investioating the traffic
patterns mn Brown Road .
We are writing to you as homeowners, taxpayers a//d
concerned parents in the Town Of Wappingers Falls requesting
that you initiate an immediate study of the traffic flow into
the development on the East F1shkil1 side of Sprout Creek
from the western and of Brown Road .
We are concerned about the increase of traffic in the
Brea . We feel that Brown Road has become a thru way or. ay,
inter connect between All Angels Hill Road and Lake Walton
Road . '
The safety of the area is in jeopardy. We feel that
measures should be taken immediately to provide safe traffic
patterns. Whether it be in the form rf
, caution sianhyWar enforcement
---
speed limit. or a traffic light at the
intersection of Al )
Angels Hill Road .
We are worried about the safety of our children and our
property.
There have been too many mishaps on Brown Road with twa
occurring this- past week . Your immediate action is emquested
and the results of your findings directed to vs.
GincereIyr
/Y
.Mr� Sharon A. Price
TGJ QFVJ 1 �3 CHAIRMAN BROWN ROAD RESIDENTS
10 Brown Rd .
Wappingers Falls, N.V. la590
P 1098
OCT 3 D ^°~~1�R�
' Mrs. Alison
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... .Wer ..~
C�]-�HAIRMAN
/ - ' 12 Brown Rd .
.��� r
Wappingers Falls, N.Y. 12590
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«� 'it: Q. ._ .
Phmne 298-8e66
�
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�� : .f1s. Irene Painp
AgLL.A1V'
rrE, RAFFLE
ORHRY ANaYEA
e SAF COVN3gLLOR AT LAw
AYErrr LACE
pOUGHKrepS,E. qZW YORK 1219
Of
rEL6P+fONE GL 4.0503
March 29th, 1971
Mrs• Elaine Snowden
Town Hall
Mill Street
Wappingers pall,, NY
Re. Vorndran to Tom of W
Dear Mrs. Snowden: $ppinger
I enclose for
Vozndran, et al filing a ep
for portion of Brown Road ed from Jahn
.
Sincerely',
AER:tj f ALLAN • RAPpLRYF1
Enclosure 112CEIVe
.3 1971
EWNE Ne d N
1
1
QUXNN RETLLY
ATTORNEYS AT LAW
JOSEPH D.QUINN,JR. 44 CANNON STREET
HAROLD H.REILLY POUGHKEEPSIE, N.Y.
GROVER 1-5330
January 25, 1967
Mr. Knud Clausen
Highway Superintendent
Town of Wappinger
Albany Post Road
Wappingers Falls, New York
Re: Premises, Southerly
side of Brown Road, Town
of Wappinger, Dutchess
County, New York --
Vorndran to. the Town of
Wa22inger , . ..,. .
Dear Mr. Clausen:
Recently your office forwarded descriptions
to this office for the preparation of the necessary deed of
conveyance to the above captioned parcel of land, which the
town requires for road purposes.
We enclose herewith this deed of conveyance.
If you would please have this instrument executed on the
lines indicated by the initials of the parties,--have their
signature acknowledged and return thersame to this office,
we shall take the necessary steps to ,havre . this .property
formally accepted by the town.
Very truly yours,
Darold H. Reill,
HM/jd
Enc.