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Doyle Drive Drainage
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O 3 C N Q , d L_ C ° Q Z) .I N L U U m M O- Cn UO 0EwE; OU 003U1N Cn OU O00 x � Q > r � I 1 Recording Office Time Stamp New York Slate Department of Taxation and Finance Combined Real Estate r Transfer Tax Return and Credit Line Mortgage Certificate See instructions 1-P-58�1 before corn lelin Ifiis(ornr.Please nrrf or i e. Schedule A—Inlormallon Relating.to Conveyance Granlor Name(if Individual;last,firs(,middle Initial) Fusco, Giuseppe Social Security Number �Individual Fusco, Paolino PPe Mailing addressGF ❑ Corporation' g F) Partnership 27 Doyle Drive PF Social Securky Number CflyStele — I-- ❑ Other ZIP code federal employer Idenl.number Grantee Name(it12590 Md victual;fasl,real,middle inilieff ber Ll Individual The Iowa Board of the Town of WapplMer Social Security Num ❑ Corporation Mailing address _ U1Parinerahlp 20 Middlebush Road, P.O. Boa 324 Social Security Number Other City Stale ZIP code 1-000101 employer(dent.number Wappingers Falls NY 12590 Location and description of properly conveyed Tax maP designation AJdress Cll /Villa e i Section Block Lot Town Cpunty I i 13568 —6257 2-808 15-00 27 Doyle Drive Wappinger . Dutchess Type ofproperly conveyed (dreck applicable box) 1 1 - 3 Family house 5 U Commefelel/industrial 2 ❑ Residential cooperative 6 O Apartment building Dale of conveyance 3 ❑ Residential colidaminium 7 © 0I lice building Percentage of real properly 4 E] Vacant lend 8 Other Te�IpnraSy conveyed which Is residential real properly Easement rrwnrh da (see instructions) Condition of conveyance (check all that apply) Conveyar-ce of lee Intoned -Convey6nce which consists of a mere k. -Contract assignment Acqulsilion of a controlling interest(stale change at Identity or form of ownership or i. _Option assignment or surrender percentage acquired %) organiialion(attach Form TP-5e4.1.Schedule F) m. -Leasehold assignment or surrender j c. -Transfer of a conlrol4ng Interest(stale g. -Conveyance for which credit for lax n. -Leasehold giant Percentage transferred %) previously paid will be claimed o. -Conveyance of an easement d. _Conveyance to cooperative housing (attach Form TP-584.1,Schedule G) p. -Conveyance lot which exemption Irom corporationh. Conveyance of cooperative eparfinenl(a) transfer lax Is claimed(conptete Schedufe B, e. _Conveyance pursuant to or In lieu of I. _Syndication Pall III) foreclosure or enforcement of security ). _Conveyance of ell rights or development q' -Conveyance of property partly within and Interest(attach Form TP-584.1,Schedule E) rights pertly wlllnoUl the stale r. Miller(describe) YXMpDXa17 FsSemanra_..r_ Schedule B — Real Estate Transfer Tax Return Arlicle 31 of the Tax Law Part 1--Computation of Tax Due I Enter amount of consideration for the conveyance(if you are claiming a(ola$exemption from tax,check the ekemplion claimed box, enter consideration and proceed 10 Part lll)..... DExempllon claimed _ 2 Continuing lien deduction(see Instructions U properly is taken subject to mortgage or lien) 2 3 Taxable consideration(subtract line 2 from line 1)............... 4-Tax:$2 for each$500,or fractional pall Ibereol,of consideration on line 3- ....... 4 _ 5 Amount of credit claimed(see instructions and attach Form TP-584.1,Schedule G).................................... 5 6 Total lax due'(subtract line 5 hom tine 4)......... Part 11-Computation of Additional Tax Due on the Conveyance of Residential Real Properly for$1 Million of More 1 Enter amount of consideration for conveyance Cram Part 1,line 1)-....... 2 Taxable consideration(multiply line t by the percentage of the premises which is residential real properly,see lnslruclions).... I 3 Total adrlillonal transfer lax due'(1 of line 2) ::...................... 11_3 'Please make check(s)payable la the county clerk where the recording Is to lake place or If the recording Is la take place in New York City,make check(s)payable to the NYC Department of Finance. It no recording Is required,send this return and your check(s)made Payable to the Daparinlenl of Taxation and Finance,directly to the NYS Tax Department,TUB-Transfer Tax, PO Box 5045,Albany NY 12205-5045. For recording officer's use Amunf pap I 3 Dale received Transaction number — rec�ived' r Pell n s 4fI 1 TP-584(10!86)(back) Schedule 13—(cenlinuedl—�_ Par( 111-Explanalton of Exemption Claimed In Part I,line 1 (check any boxes that apply) The conveyance of real properly Is exempt from 1110 real estate Iransler lax for the following reason: a. Conveyance Is to Ilia United Nations,the United Slates of America,ilia state of New York or any of their Instrumenlaiilles, agencies or political subdivisions(or any public corporation,Including'a public corporation created pursuant to agreement or j compact with another stale or tanacia).............. b. Conveyance Is 1.0 secure a debt or other obligation.............: .... b Cl c Conveyance is without additional consideration to confirm,correct,modify or supplement a prior conveyance d. Conveyance of real properly Is without consideration and not In connection with a sale,Including conveyances conveying really as bona fide gifts .................... ..... d n e. Conveyance Is given In connection with a lax sale.............. .....................................e I. Conveyance Is a mere change of Identify or form of ownership or organization where there Is no change In beneficial ownership.(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real properly comprising the cooperative dwelling or dwellings.)Mach Form TP-584.1,Schedule F................... g. Conveyance consists of deed of parlllion............ It. Conveyance Is given pursuant to the federal bankruptcy act.........,, ...................h I. Conveyance consists of the execullon of a contract to sell real property willloul the use or occupancy of such pro art or the granling of an option to purchase real properly wilhoul the use or occupancy of such properly......... n (- Conveyance of an option or contract to purchase real properly with the use or occupancy of such properly where the consideration is less than$200,000 and such properly was used solely by the grantor as ilia grantor's personal residence and consists of a 1•,2-,or 3-family house,an individual residential condominium unit,or Ilia sale of slack in a cooperative housing corporation In connection with ilia grant or transfer of a proprietary leasehold covering all individual residential cooperative apartment..... k. Conveyance Is not a conveyance within the meaning of section 1401(a)of Article 31 of the Tax Law(aflach documents su11porling such clalrn)..................... I Other(ailach explanation).................................... — —_` Schedule C — Credit Line Mortgage Certlficate_(ArlWe 1�1Tof the Tax Law1 _T Complete the!allowing only If the Interest being transferred Is a fee simple interest. I(wa)cattily[fist:(check the appropriate box) 1 ❑ The real property being sold or transferred Is not subject to an outstanding credit fine mortgage. 2 Cl Ilia real property being sold or ltansferred Is subject to an outstanding credit line mortgage.I lowever,an exemption from the lax is claimed(or ilia following reason: ❑ The Iransler of real property Is a transfer of a fee simple interest to a person or persons who held a fee simple Interest In Ilia real property(whether as a joint tenant,a tenant In common or otherwise)immediately balore ilia Iransler. The Iransler of reel properly is(A)to a person or persons related by blood, marriage or adoplion to the original obligor of to one or more of ilia original obligors or(13)Io a person or enitiy where 50%or more of[lie beneficial Interest in such real properly alter 1110 Iranster is held by Ilia translator or such related person or persons(as In Ilia case of a Iransler to a Ir LJStea lot the benefit of a minor or the transfer to a trust lot the benofif of Ilia Iranslerory Tile transfer of 1.real property is a transfer 10 a trustee in bankruptcy,a receiver,assignee or other officer of a court. f j 1110 maximum principal amount securer)by Ilia credit line mortgage Is$3,000,000 or more and Ilia real property beinsold g Of transferred Is not principally Improved nor will It be Improved by a one-to six-family owner occupied residence or dwelling. Please note:for purposes of detaimining whether the maximum principal amount secured Is$3,000,000 or more as described above,the amounts secured by two of rmtre credit line mortgages may be aggregaled under certain circumstances.See TSB-M-96(6)-R for more illlermaliell regarding these aggregation requirements. C7 Other(ailach detailed explanation): 3 ❑ The real property being transferred Is presentl following reason: y subject to an outstanding credit line mortgage.However,no tax.is due for the ❑ A certificate of discharge of the credit line mortgage is being offered at the time of recording the deed. Cl A check has been drawn payable for transmission to Ilia credit line mortgagee or his agent for the balance due, and a j satisfaction of such mortgage will be recorded as soon as it is available. 4 Ci Tile real properly being transferred Is subject to an outstanding credit line mortgage recorded In (insert liber and page or reel or olher idenlificalion of the niorlgagol.The maximum principal amount of debt or obligallon secured by the mortgage is No exemplion front lax is claimed and the lax of being paid herewllh.(Make check payable to counly clerk where deed will be recorded or, ii Ilte.recording is is to lake place in New York City, make check payablo to lite NYC Deparhnenl of Finance.) -- -- — -- — SI nature bout the rentor sS- �nrl testae — -`— •- --_—�__. 4l._ s must st n . ------ The undersigned certify that the above rellxn,including any cerlilication,schedule or allachmenl,is to the best of his/her knowledge,Iri.le and complete. - THE TOWN BOARD OF THE TOWN OF WAPPINGER Grantor BY- GUISEPPE FUSCO Title (;ranlee Title PAOLINA FUSCO nemloden 01d you compiale all of lite required Informallon lit Schedules A and BT were you roqulrerl to complete Schedule C7 11 you checked e, f el,g In Schedule A,did you complela iP-504.17 llave you aliached Weill,checks)made payable to the rounly clerk whore recauring will lake place or,II ilia recording Is In New Yolk City,to the NYC Oepairrrrenf or finance?If no rer.ordtn{I Is required,send yore check(s),made payable to 1114J061181111118111 at Tamarloo and Flnance,directly 10 the NYS Tex Deparlmenl,r rTB•Ii-ansl6r Tax,PU Box 5045,Albany NY 12205-5045. 1'-bli4 (Iuruu) Recording 011ice Time Stamp New York Stale Deparlmenl of Taxation and Finance Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate 1 I ` See instructions(TP-584-1 belor'e cam letin f�his taro.Please rinf or I e. Schedule A—Inform-all on L7elating to Conveyance Grantor Name(it Indif.Wal;last,first,middle kifliar) - KI Individual Todaro Joseph G Social Securky Number O Corporation Mailing address i_ i 5ecial Securlly Number Ll Partnership 29 Doyle Drive I i Cnly Stale ZIP code Federal employer Idea number U Other Wappingers Falls, NY 12590 Granlee Name(11 Individual;Pass,Alsl,middle Initial) Soclai Security Number O Individual The Town Board of the Town of Wappinger El Corporation Melling addressNumber _ � ❑ Partnership 20 Middlebush Road - P.O. Boa 324 Soclai Securlly Cily State �- n Other ZIP code Federal employer Went.number Wappingers Falls, NY 12590 Loc lion and descrlpilon of property conveyed Tax ap desi Hellon Address CII Nifla a Town —O-D—Uhl� __ 29 Doyle Drive Wappinger Dutchess Type of properly conveyed(check apolicable.box) 1 0 1 -3 family house 5 [J Comm erclaffindustrial 2 ❑ Residenlinl cooperalive 6 ❑ Apartment building Rate of conveyance 3 ❑ Residential condominium 7 [J 011ice building y Percentage of real properly 4 ❑ Vacanl land a M[Olher Te o _ � conveyed which Is residential Easement reel properly ngnlir aey yse, (see insfructions) Condition al conveyance (check all 1118f apply) R- -Conveyance of lee inleiest 1. -Gonveyanca which constsls ole mere k. -Contract assignment b. Acquisition of a controlling hileresl(slate change of Identify or form of ownership or I. -Option assignment or surrender perconlage acquired %) organization(hath Form rP•584.1,Schedule F) in. _Leasehold assignment or surrender c. -fransler of a controlling interest(slate 9 -Conveyance for which credit for lax n. -Leasehold grant Percentage transferred y,) previously paid will be claimed o. -Conveyance of an easement d _Conveyance to cooperative housing (attach Form TP-584.I,Schedule G) p. -Conveyance 101 which exemption from corporation h. -Conveyance at cooperative sparimenl(s) Iransler lax Is claimed(complete Schedule 0, e. _Conveyance pursuant to or In Ileu of 1, -Syndication Pall III) _ foreclosure or enforcement of securityq. -Conveyance of property partly wilhln and J. -Conveyance of eft rights or development inleresl(ntfach frorm iP-SAL F.Schedule EJ rights partly without the stale r. -Other(describe)Te ora Easement Schedule B — Real Estate Transfer Tax Return Article 31 of the Tax Law Part I-Computation of Tax Due 1 Enter amount of consideration for ilia conveyance(it you are claiming a Iota/exemption from lax,check the exemption - claimed box,enter consideration and proceed to Fart 1N)........................ nExemptlon claimed 1 2 Conlinuing lien deduction(see instructions it properly is taken subject to mortgage or lien 3 Texable consideration(subtract line 2 from line 1).................. 3 4 Tax:$2 for each$500,or fractional part thereof,of consideration on line 3 ....... 5 Amount of credit claimed(see instructions and attach Form TP•584.1,Schedule G)................. ,,..,,,,, 5 T vlef lex due'(subtract fine 5 tram line 4).......................... Part Il-Computation of Additional Tax Due on the Conveyance of Residential Real Property for$1 Million or More 1 Enler amount of considerallon for conveyance(from Part,],line 111 .,,.,, ,, 2 TFixabte considerallon(multiply line P by Ibe percentage of the premises which is resldenbal real properfyaee Moro cions .. .. 3 Total additional transfer lax due'p%or tine 2).... ) ...:......... 3 'Please make check(s)payable Io the county clerk where the recording Is to lake place or If the recording Is In lake place in New York City,make check(s)payable to Ills NYC Deparflnenf of Finance.If no recording Is required,send this return and your check(s)made payable to the Department of Taxation and Finance,directly to the NYS Tax Department,TTTB-Transrer Tax,PO Boz 5045,Albany NY 12205-5045. For recording olllcar's use und' Perl I ;t fo all received Transaction number rec�iYe _ t pall 11 $ 1,� TP-584(10196)(back) Schedule B --Icord nuedl Part 111–Explanation of Exemption Claimed.in Part 1,line 1 (Gtteck any boxes that apply) The conveyance of real properly Is exempt from the real estate transfer tax lot the following reason: a. Conveyance Is to the Untied Nations,Ilia United Slates of America,Ilia stale of New York or any of their instrumentalities, agencies or political subdivisio)s(or any public corporation,Including a public corporation created pursuant to agreement or compact Willi another stale or(�anada)..............................................................a....f..........I....I—a C_l b. Conveyance Is to secure a debt or other obligation....................................................:.....................b c Conveyance Is without additional consideration to confirm,correct,modify or supplement a prior conveyance................c O d. Conveyance of real property Is without consideration and not In connection with a sale,Including conveyances conveying reallyas bona Ilde gifts......................................................................................................d IJ e. Conveyance Is given In connection with a lax sale..................•..,...........,................ ............... a LI 1. Conveyance Is a mere change of Identify or form of ownership or organization where there Is no change In beneficial ownership.(This exemption cannol be claimed for a conveyance to a cooperative housing corporation of real properly comprising the cooperalive dwelling or dwellings.)Attach Form TP-504.1,Schedule F....................:...................F 1 g. Conveyance consists of deed of parlilion...........................................................•.......:...... ..........0 h. Conveyance Is given pursuant to the federal bankruptcy act.................................................................It [] I. Conveyance consists of the execution of a contract to sell real properly without the use or occupancy of such properly or the granting of an option 10 purchase real properly without the use of occupancy of such properly..........................I n j. Conveyance of an option or contract to purchase real properly with the use or occupancy or such properly where the consideration Is less than.$200,000 and such property was used solely by the grantor as the grantor's personal residence and consists of a 1-,2-,or 3-family house,an individual residential condominium unit,or IIle sale of stock In a cooperative housing corporation in connection with Ilia grant or transfer of a proprietary leasehold covering an individual residential cooperativeapartment........................................................._:...........................................I 1-1 k. Conveyance Is not a conveyance within the meaning of section 1401(a)of Article 31 of lite Tax Law(arfach docunrenis suppoflingsuch claim).................._.................,,.................,................................................it ❑ I. Other(attach explanation)........................................................_.........................................I ❑ Schedule C- Credit Line Mortgage Cerillicaie_(Arllcle_t1 of the lax Law] �T-- Cornplels Ilia$allowing only II the interest being transferred is a lee simple Inleresl- I(we)cerllly tile[:(check the appropriate box) 1 ❑ The real properly being sold or transferred is not subject to an outstanding credit line mortgage. 2 ❑ The real properly being sold or Iranslerred Is subject to an outstanding credit line mortgage.however, an exemption from the tax is claimed for Ilia lollowing reason: ❑ The transfer 01 reel properly Is a Transfer of a fee simple interest to a person or persons who held a fee simple Inleresl In IIle real properly(whether as a joint(enant,a tenant In common of otherwise)immediately before the lransfar. ( j The(Fenster of real properly is(A)to a person or persons related by blood,marriage or_,adoption to the original obligor or to one or more of Ilia original obligors or(13)(o a person or anlily where 60%or more of the beneflciai Interest in such real Property alley(he transfer Is held by the translator or surh rolated person or persons(as In the case of a transfer to,a trustee lar the benefit of a minor or the Iraitstor to a trust for the bertoiii of the lransfemr). The transfer of real properly is a transfer to a trustee in bankruptcy,a receiver,assignee or other ollicer of a court. I=1 The maximum principal amount secured by Ilia credit line mortgage Is$3,000,000 or more and the real property tieing Sold or transferred is not principally improved nor will it be improved by a one-to six-family owner-occupied residence or dwelling. Please 11016:for purposes of determining whalher the maximum principal arnotinl secured Is$3,000,000 or mora e5 described above,the amounts secured by Iwo or more credit tine mortgages may be aggregaled under cerlain Orem Ila lances.See TSB-M-96(6)-R for more Information regatding these aggregation requirements. Ll Other(attach detailed explanation). 3 n The real property being transferred Is presently subject loan outstanding credit line morlgage.However, no lax Is due lot Ilia following reason: [] A certificate of discharge of the credit line mortgage Is being altered a1 the time of recording the deed. [� A check hes been drawn payable lot transmission to Ilia credit line mortgagee or his agent for the balance due,and a satisfaction of such morlgage will be recorded as soon as it Is available. 4 ❑ The real properly being transferred Is subject to an outstanding credit line mortgage recorded in (insert liher and page or reel or other idenliiication of Ilia mortgage)-The maxirrnan principal amount of debt or obligation secured by IIle mortgage is No exemption from lax is ctairned and the lax of is being paid herewflh.(Make check payable to courtly clerk where(feed will be recorder)or,if Ilia recording is In take place in New York City, mals check payable to lite NYC Department of Finance.) Sic�nalure (both the_grantor(sLend_grantee(s]-rnusl sigh!,-� --- __-- –�m--�"--_ --- The undersigned certify Ilia(the above return,including any certilication,schedule or attachment,is to the best of Ills/her knowiedg ,a true and complete. THE TOWN BOARD OF THE TOWN OF FTAPPTNGER Grantor JOSEPH C. TODARO Title Granles Title , �I r a Reminder:and you complete all of the required Information In Schedules A and e?Were you required to complete Schedule C7 It you checked e, I or g ht Schedule A,did you complele 1P-564.17 4141118 you allacbed your chack(s)made payable to the county cloak where recordhig will lake plate or,It the recotding Is In New Yolk City,to the NYC Depa'hnaq or Finance?II no recording Is requlred,sand your check(s),made payable to the Deparinrenf or Taxation and Finance,directly 10 the NYS Tax Department,7rT11•11ratsler lax,PO Flo■5045,Albany NY 12205-5045. VT ERGILIS, STENGER, RoBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845)298-2000 . GERALD A.VERGILIS* FAX(845)298-2842 - LEGAL ASSISTANTS; KENNETH M.STENGER AMY E.WOODARD email:VSRP@BestWeb.Net - ALBERT P.ROBERTS KRISTEN S.GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEFPSIF-OFFICE . JOAN F,GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (645)452-1046 +ADMITTP.D TQ PRACTICE ADDRESS REPLY TO:( )POMMEEPSIL IN NY&FLA. ( 1 WAPPINGERS **ADMITTED TO PRACTICE IN NY&.CONN. - July 5, 2001 John Ianelli, Esq. 2277 Route 9 Fishkill, NY 12524 Re: Town of Wappinger= Doyle Drive/Drainage (Discharge of Orange "Ooze") Joseph G. Todaro Our File#12951.0460 Dear John: I am enclosing herewith a proposed Temporary Easement and TP-584 to be executed by your client in connection with locating the source of an orange discharge into the Town Drainage Easement. Quite frankly, I had been under the impression that everyone in your clients' neighborhood was aware that complaints had been made to the Town Board about the orange "ooze" being discharged into the Town's Drainage Easement. As a result of the complaints, the Town Board authorized the Highway Superintendent to commence an investigation and to dig for the source of the discharge. The authorization to the Highway Department also included the right to go onto adjacent properties, provided the property owners gave appropriate consent. If the source of the discharge is located on private property, as opposed to being within the bounds of the easement, then it will be the private property owner's responsibility to remove and discard the source of the discharge. The concern is that the source of the discharge could be something potentially dangerous and harmful, and the Town Board determined it was in the public interest to locate and identify the cause of the discharge. GRANT OF TEMPORARY EASEMENT THIS AGREEMENT, made the day of July, 2001, between JOSEPH G. TODARO of and residing at 29 Doyle Drive, Wappingers Falls, New York 12590 (herein referred to as "GRANTOR") and THE TOWN BOARD OF THE TOWN OF WAPPINGER A MUNICIPAL SUBDIVISION with offices situate at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 (hereinafter referred to as the "TOWN" and/or "GRANTEE"). WITNESSETH: WHEREAS, the GRANTOR is the owner of a certain parcel of real property, commonly referred to as 29 Doyle Drive, Wappingers Falls, New York 12590, which premises are more particularly described in a certain deed dated March 1, 1995 from Chase Manhattan Bank, N.A. to Joseph G. Todaro and which was recorded in the office of the Clerk of the County of Dutchess on May 3, 1995 in Liber 1961 of Deeds at Page 110 (hereinafter the "Property"); and NOW, WHEREFORE, in consideration of the sum of ONE ($1.00) DOLLAR, lawful money of the United States, actual consideration, receipt of which is hereby waived, and in the further consideration of the promises set forth herein, the GRANTOR hereby grants and releases unto the GRANTEE a TEMPORARY EASEMENT, extending fifteen feet (15') into the Property, along the length of the existing drainage easement, for purposes of locating and identifying, with the right, but not the obligation to remove the source of a sub-surface substance apparently leaching from or near the Property into GRANTEE's existing drainage easement, upon the following terms and conditions: 71SID1 Page 1 of 3 1 i 1. GRANT OF TEMPORARY EASEMENT AND RIGHT-OF-WAY. The GRANTOR grants unto the GRANTEE a TEMPORARY EASEMENT and RIGHT-OF- WAY through the Property for the purpose of ingress, egress, storage, operating, maintaining and passage of and by person, vehicle, construction vehicle, equipment, materials and supplies required for purpose of locating and identifying, with the right, but not the obligation to remove the source, of a sub-surface substance apparently leaching from or near the Property into GRANTEE's existing drainage easement. Grantor acknowledges that Grantee, or its agents, may have to excavate portions of the Property to locate the source of the discharge. This TEMPORARY EASEMENT is limited to a distance of fifteen feet (15') into the Property, measured from, and running along the length of, the existing drainage easement as shown on the filed subdivision plat. 2. RESTORATION. All areas disturbed by the exercise of the rights conferred herein shall be restored by GRANTEE, as reasonably as practicable, to the condition that existed prior to the disturbance. 3. DURATION, The terms, covenants and conditions herein contained shall terminate November 1, 2001, IN WITNESS WHEREOF, the GRANTOR and GRANTEE have executed this instrument as of the date first set forth above. JOSEPH G. TODARO, GRANTOR THE TOWN OF WAPPINGER, GRANTEE By: CONSTANCE O. SMITH, SUPERVISOR 715/01 Page 2 of 3 ACKNOWLEDGMENTS STATE OF NEW YORK ) ) ss'.. COUNTY OF DUTCHESS ) On the day of July, 2001, before me personally appeared JOSEPH G. TODARO, 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 individual, or the person upon behalf of which the individual acted, executed the instrument, NOTARY PUBLIC STATE OF NEW YORK ) ss.: COUNTY OF DUTCHESS ) On the day of July, 2001, before me personally appeared CONSTANCE O. SMITH, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or thi-person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC Record and Return to ALBERT P. ROBERTS VERGILIS, STENGER, ROBERTS & PERGAMENT 1136 Route 9 Wappingers Falls, New York 12590 �r5ro� Page 3 of 3 PAGGI, MARTIN &DEL BENE Consulting Engineers &Land SuTveyors 56 Main Street Poughkeepsie,New York 12601 845-471.-7898 845-471-0905 (FAX) � v June 29, 2001 ION Town Board 501WA GLE� Town of Wappinger P.Q. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Doyle Drive Dear Supervisor Smith & Board Members: As directed I have had Camo Pollution Control take a sample and run a POC / analysis. All results were under the maximum contaminant level for drinking water and/or listed as cion-detected. The only parameter that was detected was MTBE, which level was 1 .2 parts per billion. It should be known the maximum contaminant level is 50 parts per billion. The 1 .2 parts per billion that was realized is more or less a background level and is evident in just about any environment that would be tested. I would not have any concerns regarding this. We do need to test for herbicides and pesticides prior to advising that the Highway Department could make any excavations. When 1 get these results, I will advise the Board and Graham Foster. Even if we get clean results on the herbicides and pesticides scan, safety precautions will still need to be taken. For instance, if there: is a rusting drum with some type of toxic material, and the drum had not rusted through, therefore, not leaking the toxic material, there is a,chance that some type of dangerous contact could happen. I would, therefore, recommend that the area be scanned for metal, and, if in fact, it is found that any excavation be made very carefully and possibly by hand as the metal object is near end. If the excavation reveals that it is a "dumping area" then other arrangements will be made. In any event, I will contact the Town when the herbicide/pesticide scan is complete. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,.Jr.,P.L. Hon. Constance O. Smith - 2 - June 29, 2001 RE: Doyle Drive If there are any questions, please do not hesitate to contact me at this office. V ry truly yours o eph E. Paggi, Jr., P. . JEP:law Enclosure: lab results cc: Town Board w/enclosure Hon. Graham Foster wlenclosure Albert P. Roberts, Esq./w/enclosure Michael Tremper w/o enclosure Daniel O'Connor, P.E. w/enclosure 00127/2001 09'179142ro3929. PnGE r�1 r�.., kU 134X`l3,i Irl > g:,r.6axa;NY 12547 ]phone&45-234-7$23 Fay s45-23G-39� 'A'S A; 22, 201 ,"r°, M��.e Trernpar_ ' •��.t�o oal,`�uCi.ar Ca;1Gro1 ,.�AP��ges Falls, NX , 2590 ;ear Mike, cif the a,,Iy,,$ performed on Well watex }z� mal}o��iz�g frau Dcay�,s j=-�ire, x ece{ved at Lha �,abaratar�' �j3.3 Ol - `�tRple ,oc�t odn ��;�me Collect JT,i �ti:�3.l: tad. �Y= �j23/OZ kte CQliected- Asilyzed: 6J15/C1l ;�,;ti; �cESLruTS L�'Sr�L ,GOTc A-NP_.LYSIS ISTD<1 . 0 Ug/lj S 0 5. 0 ug/� :��mgchi oxame hax�e 1�T}c1 . 0 ug/L 5 . 0 ugf L 'r omorr-thanu L 5. fl ug/L * Ti�,�:z��atYlbenzene IvD< O g/ 5 . 0 ug/L ��<1 .0 ugjL q ug/L - '; cM utylbenzez�e Nr,;I • Q ug/L $ ug/L `e�tr° tX7,bez�'zene 1J7<2.6 ug/L $ . 4 zbozx TeCx chlnride 5 . 0 ug/L �'D<i . 0 ujL 5 0 ug/L kneC i3��coathaz�e �zg/� 5 . 0 ug/L 4 h!orQmethazle NOK1 _ 0 ND<1. , s} ug/L 5. 0 ug/Z �;,' : ,Chlor�toluez�e 14T<1.O ug/L 5 . O ug/L k ] i"omaznethazl T3S' 7 , a u3 5 , 0 u9/L ,;. . ` S 10, I2g/L 2 �DicYilox-�bsz-s,�ene Nn�l .a ug/L ;' ; 3 r�lch7 oroben erne N � . a ug/L 5 , 0 U9/L D� .,` -'f�a cY c�robar�zex�e 1 .115< a ug/T, ]-arodif l uorcmethazle 1� I C.7"1, 5. 0 Ug/L `J �pich�oroethaz�+= Npc3 , 0 ucs/L ,`r>.`.. .' 2_ }iGh] oroethazzeD< 0 ug/L 5 . 0 ugj/L Y �4�3 I O GBt A T'� ca 1�TDC] i /L 0 ug/L ,:; e-1,2->7a ch oxaetJzer_ . 0 ua f L 5 . 0 ug'/L crop-the. )e N�<} � Lg '�� '`•:i" 2.-r�ichlnr'apra��z7,a of 2 "; to ' d 19LI H kVblO 9661 ' Wl 63 e9: 22 9142=16B211 01 ;ry 0INC - 1 PQL�,U' ipN CQNTROL b0YLE DRIVE G f�3 JX l RESULTS LEVEL METHOD 524 , 2 � ' �C A NAA-ISIS Np<1. 0 490 5 . 0 ugh - h.nica7loropro�ane ND<1. D uq/L S . 0 u5/� Dich�,o�'oP=Pe" Np.1 , 0 ug/L a ug/I, ^11 , -1 , s -D�chloropropEe �tA7 . 0 ug _ ,.s-1 , 3 �T3iCk!1oz'opropazze �c�.0 ioenzeAe uq/Ll S_0 ug/L ug/L Yhlorobutadiene N1 �' w ug/L 5 . 0 ng/ILFyp ?bsn2eaze .0 uq/L ppyopyltnluex�.� �cXmez�, } ND�c1 . 0 ug/L S 0 ug/L ;Nylon, Chloride 'ND01„0 ug/L Nr<1.. S . 0 ug/L _``OpYZbexz erne 0 ug/L 5 . 0 1�aS/L �Dt1. 0 'uS/L f •ane LTD; . 0 ug.L 5 , o u g/L, ;, z•-Tetrachloroethane 2 , 2,Tetrachloroet,hane ND, 1I - 0 ug& D0 . 0 ug/L 5 .0 ug/L � chloroetheza.� / " NDt 1 0 ug/T� 5 . 0 tag, D NDe'I . 0 ug/L 5 .0 uq4L Trichlorobonzene VA�1 . uqiL 5 -0 ug/L �v"D�1 . 0 ugf L 5 . 0 ugIL y' 41-Trichloroethane 5 (j ag/L c ;2'-Tr'ighloroethane NL<1. 0 ug/L ND<1 . 0 ug/L 53 ug/L vloroethsne Non - 0 USS S , Q ug•/L ;Ahloroflooromethane 1�A�1 . o ug/L 5 1 0 ug/L 3.-1 �ch.lor,proPare 5 5 ,0 0 ug/L 4-TXinethylbenzer;.e NI)<I . O ug/L ug �+TD<1. , b tagfl, . 0 M,-. SrTxz Y 5 , b Ug/L rin STA<1 . 0 Ug/T' g y' e 5 . 0 u /L zvm�1 . 0 USA 1 ene 5 . 0 'Y/D lane NDtl , o ug/v 2 - 0 ug/L Chloride 1 , 2 ug/'L 50 ug/L Y zj terC bUQ1 ether "y None Petect.ed w M.�•, r data contained in this raport were using ERA or Cather approve ,dolo he 0 tsti de laboratory u, ed tLAP #10245 are tgy$ ELAP gies . T tiiiea, for the8e ao,alyses , .:.,. have any questions or requite any a3diciOnai services, piease do n t -•" ,t to contant us at 914-.236-7823 .. ef: • 1017 Fal= rat zy Director m t 2 f�/� ' d' lgLpq Woo 9631 ' qed � RESOLUTION 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 25th day of June 2001 at 7:30 P.M. The meeting was called to order by Constance O. Smith, Supervisor, and upon E roll being called, the following were: PRESENT: Supervisor - Constance O. Smith I Councilpersons - Robert L. Valdati Joseph Ruggerio Vincent Bettina Joseph P. Paolini ABSENT: The following resolution was moved by Councilperson RuSgi_gr_o and seconded by Councilperson Paoloni WHEREAS, the Town Board has received complaints from several residents in the Rockingham Subdivision that a certain orange ooze substance has been discharging into a drainage easement maintained by the Town; and WHEREAS, the Town Board has authorized the Town Engineer, Joseph E. Paggi, Jr., and CAMO Pollution Control together with the Highway Superintendent, Graham Foster, to investigate the nature and source of this discharge; and WHEREAS, this discharge is leaching from a sub-surface substance located within the drainage easement or in or near the adjacent properties, particularly the property of Joseph Todaro, 29 Doyle Drive, Wappingers Falls, New York and the property of Guiseppe and Paolina Fusco, 27 Doyle Drive, Wappingers Falls, New York; I and WHEREAS, the Town Board has determined it is in the best interests of the Town of Wappinger to investigate and mitigate the cause of the discharge from the unknown sub-surface substance which is apparently leaching from or near the drainage - easement area or properties adjacent thereto; and WHEREAS, the Town Board has authorized the Highway Superintendent, Graham Foster, to take whatever steps are necessary to locate, remove and mitigate the source of the unknown sub-surface substance and consequently, it may be necessary to enter on to and disturb properties adjacent to the drainage easement; and WHEREAS, the Town Board has authorized that the Attorney to the Town, Albert P. Roberts, to obtain the necessary easements or consents of the adjacent property owners to permit the Highway Department or other agents of the town to enter onto their property for the purposes of locating, removing and mitigating the source of the unknown substance above referred to. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. In the recitations of above set forth are indorporated into this Resolution as if fully set forth herein. 2. The Town Board hereby determines that an investigation, mitigation and 2 removal of the cause of the unknown sub-surface substance, which is causing the discharge of an orange ooze substance in the Town's drainage easement in the Rockingham Subdivision, is necessary and required. I 3. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, to obtain all necessary consents and/ or easements as may be required from adjacent property owners to permit the investigation, location, removal and mitigation of the cause of the discharge into the drainage easement. 4. The Town Board hereby authorizes the HighwaySu eriritendent—what-r—:: - - Foster, and his Department to undertake all work required by the Town to investigate, locate, remove and mitigate the source of the unknown sub-surface substance. 5. The Town Board hereby authorizes Constance O. Smith, Supervisor, to execute any documents necessary to obtain the consents and, if necessary, Temporary Easements from adjacent property owners, including Joseph Todaro, 29 Doyle Drive, Wappingers Falls, New York and Guiseppe and Paolina Fusco, 27 Doyle Drive, Wappingers Falls, New York necessary to effectuate the purposes of above set forth. 6. The Town Board hereby directs the Supervisor of the Town, Constance O. Smith, and the Town Highway Superintendent, Graham Foster, together with the attorney to the Town, Albert P. Roberts, to undertake all action necessary in order to implement the provisions of this Resolution. 7. The Town Board has reviewed the intended action with respect to the criteria set forth in Part 617.11 NYCRR and Section 117 of the Code of the Town of Wappinger and hereby determines that the intended action, to wit, authorizing the 3 investigation, location, removal and mitigation of the aforementioned unknown sub- surface substance, will not create any significant adverse impacts on the environment and hereby issues a NEGATIVE DECLARATION OF SIGNIFICANCE for this action for the following reasons: a. All disturbed areas will be protected with erosion control devices during investigation, location, and removal of the unknown sub-surface substance, and upon completion of the investigation and removal of same, all area disturbed will be regraded and reseeded. 8. Constance O. Smith, Supervisor, is hereby authorized to execute Part III of the Short Form EAF, and further directs the Town Clerk to provide for its filing and distribution as required by law, specifically, a copy will be provided to the Commissioner of the Department of Environmental Conservation at 50 Wolf Road, Albany, New York 12233, together with a copy to the regional office located at 21 South Putt Corners Road, New Paltz, New York 12561. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Constance 0. Smith, Supervisor voting Aye CONSTANCE O. SMITH, Supervisor Robert L. Valdati, Councilperson voting Aye ROBERT L. VALDATI, Councilperson Joseph Ruggiero, Councilperson voting Aye _ JOSEPH RUGGIERO, Councilperson 4 intent Bettina Councilperson Voting Aye VINCENT BETTINA, Councilperson oseph P. Paoloni, Councilperson Voting Aye JOSEPH P. PAOLINI, Councilperson The Resolution is hereby duly declared adopted. Dated. June le2001 Wappingers Falls, New York o GI- RIA MO , T7n Clerk Town of W Inger O:IWAPPINGE\Town Board0oyle\Resolution,DOC 5 SHORT ENVIRONMENTAL.A 9 MS�9�J-jrU0W: For UNLISTED ACTIONS Only art 1 • PROJECT INFORMATION (To be completed by Appilcarrt or rTvolact ispWRW 1.APPLICANT/SPONSOR: i PROJECT NAME TOWN OF W INGIIt ,�. PROJECT LacA71aIV: Municipality County DUTCHESS 4. PREC]SE LOCATION: (Street addrats and road intersections. prominent landmorkx, etc., ►�igmv)de j4ap 27 Doyle Drive, Wa in ere Falls, NY and 29 Do le Driv in 5. PROPOSED ACTION IS: ICNew ❑Expenslon CMadiflcat)on/aiterardon 8. OESCRIBIE PROJECT BRIERY: investigate, locate, remove andmiti ate the source of su — 7. AIMOUNT OF LAND AFFECTED: Inttiadly acres Ult)ma%@jy_2cre9 less than .1 of an:acre S. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LA SE RE Mig� MYes ONv If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT7 [ tsaHdantial Qlstdustrial CJCammercial ©Agrfculturel i3Parlt/Fareet/Open sj gdtH.i Describe: 10. DOES ACTION INVOLVE A PEWIT APPROVAL, OR FUNDING, NOW OR ULTTMATE:L M ANN :GOVERNMENTAL AQENCY IFIDERAL, STATE OR LOCAL)? MY" MNG If yes, halt agencyls) name and parmioapprovals 11. DOES ANY ASPECT OF T'HE AC'T'ION HAVE A CURRENTLY VALID PERMIT OR APPFI 7 QYe9 IgNo If yea, list agencyis) name and p4mit/apprvvsl 12, A5 A RESULT OF PROPOSED ACTfL1v' Wi`s;. TOYes l�lo EMSrIING P'"MITIAPPROVAL REWIRE IMCATNI"? I CERTIFY T1•IAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THEE 40ILL i Ga: App)Icantl'ponew name: TOWN OF WAPPIRGERC f � Sipnaturs• t-� Constance If the action In In a Coastal Area: and you are a state ag =.t Coastal Aaae� smsnt Form Wore proceeding with tt�[ 0 ovl5" PART R—QYVINGNIVIENTAL ASSESSMENT(ro be CIMP19tod by Agency) s A. 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If rl*C*seary add atlachm6nl If«raMc L��JrTlnp: ICI 44rallan: (41 e1014natlons eorilain 84fliclant d*taif to 3how•Ihat &I1 relevant adverse Impacts ha i +g�nrst*rlals. Ermuf*Ihall diirtfi UaNIy tlddraasetd. Q Check this box If YOU have Identified ons or mere potlntl:;Ily jalq or . '"Illcatlnt caslar. Then proceed directly to the FULL EAF andlor prepaid a poaiti i fi +b+lcts which MAY Q Check this box If- YOU have determined, based on then Information nal+atl documentAtlon, that the proposed action WILLfVCr result In any 'si nil 8d d any ANDaCsasdry, the rasalpm ►ting AND pravfde on attachments as neons suPporthtq th tNht{ ^ . I , TOWN OF WAPPTNGER ll 01 erd Atrnr, , _ � 111• 11h 1'1 1n./l�n•,lll 1l'•!1.s .pn� un'Vi (.e•.JWwl7i (,If beta,u,+ ltv0.M1�/i/•Mn�-. � '� - •�nuiy+r d4 r e Iry I h A.. _ n0+lr,bii'.:.,,,;. "~,• JIM VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW V 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER e-mail:VSRP@BestWeb.Net AMY E.WOODARD ALBERT P.ROBERTS KRISTEN S,GUTHRIE IRA A.PERGAMENT ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F,GARRETT** 276 MAIN MALL THOMAS R.DAVIS POUGHKEEPSIE,NY 12601 MARIA J.GRECO (845)452-1046 *ADMCCI'ED TO PRACTICE ADDRESS REPLY TO:( )POUGHKEEPSIE IN NY&FLA. ( )WAPPINGERS **ADMITTED TO PRACTICE ,. IN NY&CONN. VIA FACSIMILE (297-4558) AND REGULAR MAIL June 20, 2001 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12601 Attention: Hon. Constance O. Smith, Supervisor Re: Doyle Drive—Orange Ooze File No. 4 2951.0460 Dear Connie and Board Members: Enclosed please find the Resolution regarding the above-mentioned file. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALBERT�P. ROBERTS APR/bg Enclosure Cc w/ enc: Hon. Gloria Morse via facsimile (297-4558) Hon. Robert L. Valdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Han. Joseph P. Paoloni, Councilman (sent to home address) 0:IROBERTSICOI2RESPIjune2l-bg.doe P �j -:: - . s. RECEIVED JUN ; ' -M June 18, 2001 SUPERVISOR'S OFFICE TOWN OF WAPPINGER Supervisor Constance Smith Town of Wa iri er -W P P g 20 Middlebush Road Wappingers Falls, NY 12590 Re: Doyle Drive Drainage Ditch Seepage .,. Town of Wappinger Dear Supervisor Smith: Dutcheae Attached are the results for the pH, iron and manganese samples collected on County May 29, 2001. As indicated previously the elevated iron and manganese Department levels appear higher than that caused by natural conditions and maybe the of Health result of buried metal corroding. William R.steinhans If you have any questions, please call me at 486-3404. County Executive Michael c.Caldwell, V truly your IrID,14IP9 � Commissioner F � ! Environmental Health V 387 Main Street Poughkeepsie New York Daniel O'Connor, P.E. '260' (845) 486-3404 g Sr. Public Health Engineer Fax (945)486-3545 Environmental Health Services DO:kf Enc. Cc: Joseph Paggi, P.E., (w/enc) Beacon District Office (w/enc) Joseph Marcogliese, NYSDEC (w/enc) File #25160 (w/enc) httpA\ .d tchcsa . a v DUTCHESS COUNTY HEALTH DEPARTMENT ENVIRONMENTAL LABORATORY CHEMICALIPHYSICAL REPORT FORM 387 MAIN MALL POUGHKEEPSIE,NEW YORK 12601 PHONE NUMBER 914486-3411 ENVIRONMENTAL LABORATORY APPROVAL PROGRAM# 10189 ID: 10430 Sample Number: .392 Client's Name: O'Connor Facility Name: seepage @ Client's Address: PDO Facility Address: 27 Doyle Dr Client's Town: Facility's Town: Wappinger Client's State: Facility's State: Client's Zip Code: Facility's Zip Code PWS Number: Sampling Point: seepage Type of Sample: grab Treatment: Collected By: O'Connor Date Sampled: 5/29/2001 Time Sampled: 3:00:00 PM Received At Lab By: Winder Delivered To Lab By: O'Connor Date Received: 5/29/2001 Time Received: 4:10:00 PM Analyte: Results: Units of Measurement: Method Used: Date Analyzed: pH 6.37 @ ATC pH SM 18 4500 HB 5/29/2001 Iron 1.90 mg/L Screening Only 5/29/2001 Manganese r 5.58 mglL Screening Only 5/29/2001 LAB DIRECTOR 10 1 MARTIN CONSULTING ENGINEERS AND LAND SURVEYORS 56 MAIN (845)471-7898/Fax(845)471-0905 I Memo Ta Michael Tremper,Camo Pollution Control Fronz Joseph E. Paggi, Jr., P.E. cc: Hon.Constance O.Smith,Supervisor Town Board RECEIVED Hon.Gloria Morse,Town Cleric Hon. Graham Foster JUN � g'ZnQ1 Albert P. Roberts, Esq. Data: June 12,2001 TOWN CLERK Rae Rockingham/Doyle DrivelOrange Ooze As a follow-up to our May 31st, 2001 letter where we requested that you run a POC scan on the discharge into the drainage ditch in back of Doyle Drive, we would further recommend that a herbicide and pesticide scan be run also. When you have these results, please forward them to me. I will report to the Board with the recommendation as to who can go in and start excavating the area. If there are any questions, please do not hesitate to contact this office. Joseph . Paggi, Jr., P. . JEP;Iaw 0 Page t PAGGI, MARTIN & DEL BENE LLP Consulting Engineers &Land Surveyors 56 Main Street Poughkeepsie,New York 1.2601 845-471-7898 845-471-0905 (FAX) June 5, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Doyle Drive am in receipt of a letter dated June 4h, 2001 from Dan O'Connor, P.E. of the Dutchess County Health Department regarding the above referenced area. I have enclosed said correspondence for your review and file. The letter states that the Health Department has done two (2) samples for fecal coliform on the drainage discharge and find that it was not detected. Mr. O'Connor also reports that a screening test for iron and manganese was also performed, and that they indicated high levels of both. Mr. O'Connor goes on further to state that the elevated iron and manganese levels could be result of buried metal. As you are aware, we are also testing for various organic compounds now to determine if any of those contaminants are there. We will report back to the Board when this is done. If there are any questions or comments, please do not hesitate to contact this office. Very my yours, oseph E. Paggi, Jr., P. . JEP:Iaw Enclosure cc: Town Board w/enclosure Hon. Gloria Morse w/enclosure RECEIVED Albert P. Robert w/enclosure Michael Tremper w/enclosure JUN 0 T 20 TOWN CLERK Joseph E.Paggi,Jr.,RE. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. t �r )f t 4u 33ff June 4, 2001 k tJ� E-lfd,ir Supervisor Constance Smith Town of Wa pp� g in er 20 Middlebush Road F Wappingers Falls, NY 12690 Re: Doyle Drive Drainage Ditch Seepage Dear Supervisor Smith: T he seepage entering the drainage ditch near 27 Doyle Drive was sampled for fecal coliform on May 16, 2001 and May 29, 2001 . The results from bath samples are attached and indicate that fecal coliform was not detected. Based on these sample results the seepage doesn't appear to be from sewage. Dutcheas couutq A screening test for iron and manganese was also performed. The results of Departmentof Healthth the screening test indicated high levels of both metals. William R.Steinhnvs The elevated iron and manganese levels appear higher than that caused by Crnnty Executive natural conditions and maybe the result of buried metal corroding. `ch8e'C.Caldwell, If you have any questions, please call me at 486-3404. Commissioner Environmental Health Very truly yours 387 Main Street paughkeepsie New York 12601 (845) 456-34014 RECENED Fax (845)486-3545 Daniel O'Connor, P.E. JUN Sr. Public Health Engineer }° Environmental Health Services - LERK DO:kf Enc. Cc: ,Joseph Paggi, P.E. (w/enc) Beacon District Office (w/enc) Joseph Marcogliese, NYSDEC (w/enc) File #25160 (w/enc) DU'ICHESS COUN IY ULVAR I MEN(Oi-ritAL I H ENVIKONMt14 I AL HtALTH L-AbUKA I UK f 387 MAIN MALL 1 POUGHKEEPSIE,NEW YORK 12601 / TELEPHONE#(914)486-34111 FAX#(914)486-3447 LAB NO. ENVIRONMENTAL LABORATORY APPROVAL PROGRAM CERTIFICATE#10189 BACTERIOLOGICAL EXAMINATION OF WATER FORWARDtORT TO- (P, EASE PRINT) C 0"v ❑PUBLIC WATER SUPPLY# NAME: ❑ PRIVATE RESIDENCE E]WASTEWATER TREATMENT FACILITY STREET ADDRESS: ❑13EACH CITY STATE ZIP 2OTHER:�ePs FACILITY NAME: I} � ADDRESS: PHONE# / SAMPLING POINT: S � IS�"_ TOWN; �a.1�1��' C� � "QaNITORING SAMPLE } ❑ CHECK SAMPLE SOURCE: ❑DRINKING WATER; MISURFACE WATER; ❑WASTE WATER; ❑OTHER: TREATMENT: Fl CHLORINATED PPM ❑ FREE RESIDUAL 1 ❑ UV ❑ OTHER: Q -C���� ❑TOTAL RESIDUAL COLLECTED BY: DATE LAST SANITIZED: DELNERED BY: C�c----'\LA W�-- RECFIVED AT LAB BY: t j i' DATE SAMPLED TIM�F ICED RECEIVED. !TIME ICED EXAMINED TIME REPORTEDAM-j / TECH 5 �!� f` { d , YES I� b ! �f ' `) P NO1.1 S 1 1 1✓C� M r 1 f lE� I,_. ❑ MFT ❑ P/A TOTAL COLIFORM COUNT PER 100 ML ❑ MFT ❑ MPN FECAL COLIFORM COUNT v PER 100 ML ❑ MFT FECAL STREP.COUNT PER 100 ML �❑" HETEROTROPHIC PLATE COUNT PER 1 ML ❑E.COLI ❑ POSiTIVE ❑ NEGATIVE ❑ MISC, i THESE RESULTS INDICATE THAT THE WATER SAMPL DI D NOT ❑ DRI G MEET SATISFACTORY SANITARY QUALITY FOR ❑ S M G ❑ AST TER EFFLUENT WHEN THE SAMPLE WAS COLLECTED. FOR INFORMATION CONCERNING UNSATISFACTORY SAMPLES i PLEASE CALL THE HEALTH DEPARTMENT AT Parll} i IFi Wei �1`�3 4 CLIENTS REPORT - u313"ECTOR ` DUTCHESS COUNTY DEPARTMENT OF HEALTH ENVIRONMENTAL HEALTH LABORATORY 387 MAIN MALL!POUGHKEEPSIE,NEW YORK 12601 / TELEPHONE#(914)486-3411 1 FAX#{914)486-3447 LAB NO. ENVIRONMENTAL LABORATORY APPROVAL PROGRAM CERTIFICATE#10189 BACTERIOLOGICAL EXAMINATION OF WATER FORWARD RB7 TO: (PLEASE PRINT) _ C -,Acid— ❑PUBLIC WATER SUPPLY# NAME: ❑PRIVATE RESIDENCE ❑WASTEWATER TREATMENT FACILITY STREET ADDRESS: El BEACH CITY STATE ZIP 0 OTHER: FACILITY NAME: 1 " `� " �`- ADDRESS; PHONE# '� I SAMPLING POINT: S t f ��/� TOWN: a i� crc IGONITORING SAMPLE I ❑CHECK SAMPLE SOURCE: F1 DRINKING WATER; SURFACE WATER; ElWASTE WATER; ❑OTHER: TREATMENT: [D CHLORINATED PPM ❑ FREE RESIDUAL ) C]UV ❑OTHER: ❑TOTAL RESIDUAL COLLECTED BY: DATE LAST SANITIZED: DELIVERED BY: RECEIVI=D AT LAB BY: DATE SAMPLED TIME ICED RECEIVED TIME ICED EXAMINED TIME REPORTED TECH Pb N( l� �O AM�f4O /(7 l d l� PM gNoRA, s 1 1c 1 rPM a��l"� �� ❑MFT ❑ P/A TOTAL COLIFORM COUNT. PER 100 ML M ❑ MPN FECAL COLIFORM COUNTy PER 100 ML ❑MFT FECAL STREP.COUNT PER 100 ML ❑ HETEROTROPHIC PLATE COUNT PER 1 W. ❑E COLI ❑ POSITIVE ❑ NEGATIVE ❑ MISC, THESE RESULTS INDICATE THAT THE WATER SAMKIG ❑MEET SATISFACTORY SANITARY QUALITY FOR 0❑ FFLUENT WHEN THE SAMPLE WAS COLLECTED. FOR INFORMATION CONCERNING UNSATISFACTORY SAMPLES PLEASE CALL THE HEALTH DEPARTMENT AT 11MAIUMAN19 • • + CLIENT'S REPORT LL✓ LMDREMOR DUTCHESS COUNTY HEALTH DEPARTMENT ENVIRONMENTAL LABORATORY CHEMICAL/PHYSICAL REPORT FORM 387 MAIN MALL POUGHKEEPSIE,NEW YORK 12601 .PHONE NUMBER 914-486-3411 ENVIRONMENTAL LABORATORY APPROVAL PROGRAM# 10189 ID: 10363 Sample Number: Y,2 Client's Name: O'Connor Facility Name: seepage into ditch Client's Address: PDO Facility Address: 27 Doyle Rd Client's Town: Facility's Town: Wappinger Client's State: Facility's State: Client's Zip Code.- Facility's Zip Code: PWS Number: -- --- ---- .......... Sampling Point: seepage / Type of Sample: grab Treatment: Collected By: O'Connor Date Sampled: 5116101 Time Sampled: 1.2:10:00 PM i Received At Lab By: Winder Delivered To Lab By: O'Connor Date Received: 5116101 Time Rec ed: 1:50:00 PM j Analyte: Results: Units of Measurement: ethod Used: Date Analyzed: pH 6.31 @ Atc pH SM 18 4500 HB 5116/01 Iron <0.10 mg/L Screening Only 5121101 Manganese <0.25 mg/L Screening Only 5121101 l� LAB DIRECT.bR 1� 20 PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) May 31 , 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance O. Smith, Supervisor Reference: Doyle Drive/Water Sampling Dear Supervisor Smith & Board Members: As a follow-up to our October 26', 2000 letter and as a result of the last Town Board meeting, Dan O'Connor of the Dutchess County Health Department has advised me that his Department has completed their sampling of the drainage ditch behind Doyle Drive. Mr. O'Connor indicated that the Health Department had sampled to see if there were any public health issues involved in association with the discharge. The samples were tested for fecal coliform and Mr. O'Connor verbally informed me that the samples came back negative, twice. He will forward hard-copy sample results to our office. With that in mind, he felt that the Health Department's involvement has been completed, however, he recommended that if the Town wanted to take it further they could run a POC (organic compound) scan to determine if there are any other chemicals in the discharge. The samples should be taken in a manner as to make it as clear as possible so that the lowest detection level of each of the individual chemicals could be achieved. We would recommend that the scan be run to water standards, which I believe is 524.2. if not, the industrial standard of 624.2 should be used. I would further recommend that an MTBE analysis be done of the discharge. As you recall from our correspondence last fall, the only constituent that we had previously found were elevated levels of iron and manganese. This indicated to me that there was type of rusting metal in the drainage pattern w J Dching out to the Glitch. Mr. O'Connor concurred with this analysis .Mated that running the POC scan would clear up any speculations. 0;:4 NO TOWN CLERK Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.B. Charles R,Del Bene,Jr.,P.E. Hon. Constance 0. Smith - 2 - May 31, 2001 Town Board RE: Doyle Drive With respect to excavating the area, he advised me that once the POC scan is complete, and if all levels were found to be acceptable, that a "normal" excavating contractor could come in and clean out the area and try to find what was causing the discharge. When we say "normal excavating contractor", we are saying not a specialty contractor that cleans up hazardous spills, etc. Therefore, I am recommending that the above POC analysis be performed and the results forwarded to our office. By copy of this letter, I am asking Mike Tremper to take the sample and have his lab run the POC scan as quickly as possible. When the results are received, we will be able to make a recommendation to the Board regarding what type of excavation can be made. We also recommend that the Attorney research how far and to what extent the excavation can be legally made, and what other accommodations will need to be arrived at. If there are any questions on the above, please do not hesitate to contact me at the office. Very my yours, Joseph E. Paggi, Jr., JEP:Iaw cc: Town Board Hon. Gloria Morse Albert P. Roberts, Esq. Michael Tremper Daniel O'Connor, P.E. Han. Graham Foster RECEIVED .SUN TOWN CLERK PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 S45-471-0905 (FAX) j May 11 , 2001 H" E , MAY 1 4 Ml Mr. Joseph Ruggiero 26 Doyle Drive SUJ`gWRVISOR'SOFF10E Wappingers Falls, New York 12590 R)WN1 OF 1NAPPJN(_,f R Reference: Doyle Drive Dear Joe: �m A,_As per your telephone call, I had contacted Daniel O'Connor regarding the leachate entering into the Town owned drainage ditch just west of Doyle Drive. I conducted a field inspection with Dan O'Connor the morning of Friday, May 1 1 th, 2001. At that time, there was a discharge from the west side of the ditch in two or three spots and there was an orange colored tinge to the discharge and orange-colored staining in an around the immediate area of the discharge. As you know, we did do some qualitative testing in the area and reported back to the Board with the results of that testing last October 2000. At that time, the testing revealed no sanitary sewage in the discharge and/or any volatiles. The discharge was elevated in metals, which led us to believe there was some buried steel, iron, etc. in the general vicinity. Daniel O'Connor of the Dutchess County Health Department advised that he would have a technician go to site, collect some samples, and analyze them for various items. The Health Department would wantto insure that there are no public health issues involved with the discharge. As a result of that, the Town can make a decision as to whether further investigation is warranted. If there are any questions on the above, please do not hesitate to contact this office. Of course, I will keep you posted of the results from the Dutchess County Health Department. Ver my yours, Joseph E�ggi. .l JEP:Iaw cc: Hon. Constance 0. Smith, Supervisor Michael Tremper Graham Foster Daniel O'Connor, P.E. Joseph F.Paggi,Jr„P.E. Ernst Martln,Jr.,P.E.,L.S. Charles R.Del Bene,Jr,,P.L. ENGINEERSPAGGI, MARTIN & DEL BENE, LLP. CONSULTING 1 LAND SURVEYORS 56 MAIN STREET i ' 471-0905 Memo To: Hon.Constance O. Smith, Supervisor From: Joseph E. Paggi. Jr.,P.E. RECEIVED CC: Hon., Vincent Bettina, Councilman Hon Joseph Paoloni,Councilman Han.Joseph Ruggiero, Councilman SEP 14 2000 Hon, Robert Valdati, Councilman Hon. Elaine Snowden Hon. Graham Foster ELAINE S�IOWDE Albert P. Roberts, Esq. I t Michael Tremper Date: September 12,2000 Re: Doyle Drive At the September 11"', Town Board meeting, our office was authorized to make a field inspection of some potential contamination emanating in the Town owned drainage ditch just west of Doyle Drive. A field Inspection was made the morning of September 12th, 2000 by Mike Tremper, Camo Pollution Control;Graham Foster, Highway Superintendent and myself. We observed an area of rusty and/or orange colored water emanating from the most westerly bank of the stream. Mr. Tremper was going to contact a laboratory that they do work for and determine what items should be tested for, and then obtain a cost for this test work. When I know that cost, I will transmit it to the Board to see which direction they wish us to take. If there are any questions on the above,please do not hesitate to contact this office, C� oseph . Paggi, Jr., P. JEP:Iaw 9 Page 1 PAG I, MARTIN & DEL BENE UP Consulting Engineers &Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) MEMORANDUM RECEIVED TO: Graliam Foster,Highway Superintendent Joseph E. Paggi. Jr_ P.E. NOV 0 4 1998 FROM: Peter J.PaggiE1_A1Nr,9t40W,)EjV N DATE: October 30, 1998 rr-)W 00/20"'./�rlp' ii �" ,1 'g' ;/jg/ ............ iCi RIE: Monaco Drainage Please be advised that on October 27", 1998, 1 conducted a field inspection of the above referenced site. I would offer the following comments: 1. Stakes delineating the easement that were set on April 18`k', 1998 by Paggi, Martin &Del Beric were not readily evident. However, field location work previously performed by this office indicates that the stream and end section are indeed located within the existing drainage easement(see enclosed sketch plan). 2. The stream bank erosion previously noted in any correspondence of May 8t'', 1997 (copy enclosed) continues to worsen especially at the comer of the stream. This situation is exacerbated by the fact that a large amount of debris(i.e.brush, leaves, etc,)has been thrown into that area. 3. My previous May 8"', 1997 recommendations are still valid, i.e. the easernent should be cleaned of all debris. die strearnbcd cleaned to better define the channel. and rip-rap be placed along tic banks to prevent future erosion. 4. While the stream is located within the easement. it inav riot be possible to access the cnurc area in need of repair from within the easement. Equipment in all likelihood could not travel far enough along the steeply banked channel to repair the stream corner. There are also fences located along the northerly and westerly property lines that would impede access. It is dicreforc my recommendation that Mr. Monaco be contacted to deten-nine if he would allow access over his property (outside of the easement)to reach the stream bend and beyond. 5. The Highway Department should be consulted to determine if they have sufficient time in their schedule to perform the work. Any questions or comments may be addressed to this office. Thank you for r consideration in this matter. n AA eter"'aggi' P Jaiv Enclosure cc: Hon. Constance 0. Smith, Supervisor w/enclosure Hon, Vincent Bettina, Councilman w/enclosure Hon. Joseph Paoloni, Councilman w/enclosure Hon. Joseph Ruggiero, Councilman w/enclosure Hon. Robert Valdati, Councilman w/enclosure Hon. Elaine Snowden w/enclosurc Albert P.Roberts. Esq. w/enclosurc Joseph L Paggi,Jr.,RE. Elmst Martin,Jr.,REI.,I-& C7harlus E. DO liulc''11-RL PAGGI&MARTI Consulting Engineers&Land Surveyors 54-56 Main Street ' Poughkeepsie,New York 12601 914-471-7898 914-471-0905 (FAX) *** MEMORANDUM *** To: Joseph E. Paggi, Jr., P.E. Graham Foster, Highway Superintende it From: Peter Paggi Date: May 8, 1997 Re: Monaco Drainage Please be advised that on May 7, 1997, 1 condi cted a field inspection of the drainage system at the Monaco residence o 1 27 Doyle Drive. The rear (west) and side (north) yards of the M( naco property contain an open stream connecting a closed storm system )riginating on Craig Place, and ending up on Doyle Drive (See enclosed ski tch). It appears that the open stream has caused son a erosion of the stream bank on the Monaco property at the northwest ,orner of the lot. I could find no physical evidence of the propert, corner during my inspection. My recommendation would be to perform a sm� II amount of stream bed cleaning to better define the path of the stream In addition, I would recommend installing fine stone fill (50-100% : 3") or light stone fill (50- 100% > 6") along the banks of the stream to > revent future erosion. Prior to performing .any such work, our offices[ ould stakeout the property lines in the area to ensure that the strE 3m is kept within the existing easements. I spoke with Mr. Foster regarding my findings. -Ie informed me that he has not been to the site for quite some time an( that he would conduct a field inspection in the near future. Mr. Foster a 3o informed me that his Department schedule is still severely backed up due to the recent storm damagerepair work, and that he did not known n+hen his crew-would be available to perform any work at the Monaco si e. Yo Ernst Martin,Jr., `,E.,L.S. pnnreE on recycledpaprr REGE- 1VED March 9, 198 MAR 1 0 1998 Wappingers Town Board ELAINE SNOWDEN 20 Middlebush TOWN CLERK Wappinger Falls, NY Re: Monaco Drainage Dear Town Board-, I am writing to request that you authorize Graham Foster, Highway Superintendent, to take action on the enclosed report by Paggi & Martin, Consulting Engineers regarding the drainagelstream problem on my property. The stream that runs through my property has been the source of numerous floods and damage to my property for the past 26 years. According to the original land maps, this stream was to be piped and covered, but it was never done. I am asking: the Town to take the action that Mr. Paggi recommends. This action would, prevent further damage to my property and restore the land that has been washed away. I thank you for your prompt attention to this matter. Sincerely, Robert Monaco 1W�; PAGGI&MARTIN Consulting Engineers&Land Surveyor 54-56 Main Street Poughkeepsie,New York 12601 914-471-7898 914-471-0905(FAX) ***ll', M E M O R A N D U II' *** To: Joseph E. Paggi; Jr., P.E. Graham Foster, Highway Superintende it From: Peter Paggi Date: May 8, 1997 Re: Monaco Drainage Please be advised that on May 7, 1997, 1 condi cted a field inspection of the drainage system at the Monaco residence o 1 27 Doyle Drive. The rear (west) and side (north) yards of the Mc naco property contain an open stream connecting a closed storm system originating on Craig Place, and ending up on Doyle Drive (See enclosed sk( tch). It appears that the open stream has caused sorr a erosion of the stream bank on the Monaco property at the northwest :orner of the lot. I could find .no physical evidence of the property corner during my inspection. My recommendation would be to perform a smz II amount of stream bed cleaning to better define the path of the stream In addition, I would recommend installing fine stone fill (50100% ; 3") or light stone fill (50- 100% > 6") along the banks of the stream to K revent future erosion.. Prior to performing any such work, our office sl ould stakeout the property lines in the areal to ensure that the strr 3m is kept within the existing easements. I spoke with Mr. Foster regarding my findings. -ie informed me that he has not been to the site for quite some time an( that he would conduct a field inspection in the neer future. Mr. Foster a ao informed me that his Department schedule is still severely backed up due to the recent storm damagerepair work, and that he did not known when his crew would be available to perform any work at the Monaco si e. ftErnst Martin,Jr., T.,L,S, printed on recycled paper j U N 1 iqq Annamarie Monaco 27 Doyle Dr Poughkeepsie , NY 12601 Town of Wappingers, Supervisor 20 Middlebush Rd Wappingers Dalls , NY 12590 Dear Supervisor Smith ; I am the resident/owner of 27 Doyle Dr in the Rockingham Farms Development . The property is borded by a drainage easement in the back yard . Over the past 24 years , my pro- perty has eroded into the drainage easement. This winters floods have caused my property to flow into the Wappingers Creek . I am requesting that the Town of Wappingers correct this situation and restore my property to the condition it was when I purchased it . I believe a retaining wall would be a permanent embankment. and stop further erosion. I would greatly appreciate your cooperation and immediate attention to this matter. Sincerely , Annamarie Monaco omo o b loots o SToc�gp� C7 AWN. -70 Im n o �n `