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Evergreen Drive
V�Ap Al IAI 2006-132 Resolution Authorizing Refund of Unused Escrow Funds fox• Evergreen Estates, Lot No, 7 At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York,held at Town.Hall, 20 Middlebush Read, Wappingers Falls, New Fork, on May P, 2006. The meeting was called to order by Joseph.Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Joseph Ruggiero Councilmernbers - Robert L. Vaidati Vincent F. Bettina. Joseph P. Paoloni Maureen McCarthy ABSENT: The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Valdati. WHEREAS, Andlyn Associates has previously posted Six Thousand Dollars ($6,000.00)in connection with the planting of trees on Lot No. 7 in Evergreen Estates; and WHEREAS, the Six Thousand Dollar($6,000.00)escrow was a result of an agreement reached with the New York State Department of Environmental Conservation to plant trees into the Wetlands Buffer in the tall of 1999; and WHEREAS,Andlyn Associates has stated that the New York State Department of Environmental Conservation is not taking any action with regards to the planting of these trees; and WHEREAS,Joseph E. Paggi, Jr., P.E., Engineer to the Town,by letter dated March 23, 2006, has stated that the builder has requested the return of the Six Thousand Dollars ($6,000.00) escrow and has agreed that the escrow monies should be returned to the builder. (A copy of the letter is annexed hereto as Exhibit "A".) NOW, THEREFORE,DE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. That payment is approved in the amount of Sax Thousand Dollars ($6,000.00)made payable to Andlyn Associates in connection with the return of escrowed monies for Lot No. 7, Evergreen Estates. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE II MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE Dated: Wappingers Falls,New York . 5/8/2006 The Resolution is hereby duly declared adopted.. OHN C. M TERSON, TOWN CLERK PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors Amy( 56 Main Street Poughkeepsie,New York 12601 845-471-7898 RECEIVED 845-471-0905 (FAX) 4 APR 0 3 2006 March 23, 2006 SURVISOWS OF I TOWN OF WAP INGrCl:,. �l GEB Town Supervisor Town of Wappinger 20 Middlebush Road I Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero Dear Supervisor Ruggiero: As discussed at the staff meeting, I have reviewed the file for the plot plan for Lot No. 7, Evergreen Estates. As you recall, the Builder had intruded into the wetland buffer in the fall of 1999 during the construction of the house. An agreement was reached with the New York State Department of Environmental Conservation to plant some trees in the spring, and the planting of the trees was secured by an escrow account in the amount of $6,000.00 put in place by the builder. When it came .time to plant the trees, the builder reported to our office and the Town that the homeowner did not want them and would not allow them to be planted The file has remained opened since then and the escrow is still with the Town. The Builder has contacted me most recently to determine if there is any way-the escrow account could be released at this point in time. He has also stated that he has tried to get NYSDEC to lo.ok at the situation many times, but has not been successful. Apparently, nothing has changed in the area thet had encroached into the buffer is a grass lawn. It should be noted that there was not an encroachment into the wetlands itself. I am also aware that the Owner of the property hadapplied for a permit to NYSDEC to place a pool in the buffer and was granted the permit (although the . pool apparently was never installed). At this point, it would appear to be at a .stale mate due to the fact that the homeowner does not want the trees planted in that location. With that being said, it would appear to release the escrow back to the Builder would be an appropriate action to clean up the file. Joseph E.Nggi,Jr.,P.E. Ernst Martin,Jr.,RE.,L.S. Charles R.Del Sent,Jr.,P.E. i Hon. Joseph Ruggiero - 2 - March 23, 2006 RE; Evergreen Estates, Lot No. 7 At our next staff meeting, we should discuss this with George Kolb. If there are any questions in the interim, please call. Very y yours, d oseph E, Paggi, Jr., JEP:law cc: ueorge Kolb. f j i • i I _ 1 ; {;I I 4 ' j i i I PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street j Poughkeepsie,New York 12601 845-471-7898 RECEIVED 845-471-0905(FAX) March 23, 2006 APR 0 3 2006 SUPERVISOR'S OFF10E' TOWN OF WAPPJNGER Town Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero _ Reference:GI IV2.. L V GI yl CG7 EU. _ SLG LCJ1 LVl f 1 _- _ ...... _.. _... ! Dear.Supervisor Ruggiero: As discussed at the staff meeting, I have reviewed the file for the plot plan for Lot No. 7, Evergreen Estates. As you recall, the Builder had intruded into the wetland buffer in the fall of 1999 during the construction of the house. An agreement was reached with the New York State Department of Environmental Conservation to plant some trees in the spring, and the planting of the trees was secured by an escrow account in the amount of $6,000.00 put in place by the builder. When it came time to plant the -trees, the builder reported to our office and the Town'that the homeowner did not. want them and would not allow them to be planted. The file has remained opened since then and the escrow is still with the Town. The Builder has contacted, me most recently to determine if there is any way the escrow account could be released at this point in time. He has also stated that he has tried to get NYSDEC to look. at the situation many times, but has.not been successful_ Apparently, clothing hag changed in the area that had encroachers into the buffer is a grass lawn. ' It should be noted that there was not an encroachment into the wetlands itself. I am also aware that the Owner of the property had applied for a permit to NY.SDEC to place a pool in' he buffer and Was granted the permit (although the pool apparently was never.installed). At this point, it would appear to be at a stale mate due to the fact that the homeowner does not want the trees planted in that location. With that being said, it would appear to release the escrow back to the Builder would be an appropriate action to clean up the file. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,RE,,L.S. Charles R.Del Bene,Jr.,PE. VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT I.AW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER _ IRA A.PERGAMENT ALBERT P.ROBERTS (845)298-2000 LEGAL ASSISTANT: LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT** THOMAS R.DAVIS e-mail:VSRP®BestWeb.net POUGHKEEPSIE OFFICE FIAANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN P.MACNISH (845)452-1046 KEVIN T.MCDERMOTT PINE PLAINS OFFICE STEVEN K.PATTERSON W B,RENFRO 2990 CHURCH ST. P.O.BOX 21 *ADMITTED TO PRACTICE PINE PLAINS,NY 12567 IN NY&FLA. (518)398-9857 **ADMITTED TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:( )POUGHYMSM O WAPPINGERS ( )PINE PLAms July 6, 2004 Hon. Gloria Morse, Town Clerk Via facsimile: 298-1478 Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Tatiana Lukianoff, Zoning Administrator Via facsimile: 298-1478 Town of Wappinger 20 Middlebush Road RECEIVED Wappingers Falls, New York 12590 Re: Acceptance of Evergreen Roads JUL g14 File No. 12949.0011 and 12949.0105 TOWN CLERK Nenni Construction Bond Bond No. SU3288479 .File No. 12951.0002 and 12951.0005 Dear Gloria and Tatiana: Recently, I have received a number of calls from both Nick DeLucia (Evergreen Subdivision) and Mary Brinkerhoff of Brinckerhoff and Neuville Insurance Group. Mary's office has issued bonds for both the Evergreen Subdivision and a construction proj ect undertaken by Nenni Construction on behalf of the Town. (I am not sure which job.) Mary has indicated that she has attempted on several occasions to retrieve the two above-referenced bonds. The Evergreen Subdivision roads were accepted by the Town Board on December 24, 2003. In fact, copies of the recorded deeds have been forwarded to Gloria's office. 11Vsrp03\CommonlWappingerlPianningBoardlEvergreen1070704-TLgm.doc In connection with the Nenni matter, Mary has indicated that the job has been completed, the Town has released the retainage to Nenni but so far no one has returned and/or released the bond. Mary has indicated that she has made several calls to Gloria's office but was unable to resolve anything. I do not know who Mary spoke to at Gloria' office. I am not sure what needs to be done internally but both of these bonds should be released by the Town. A copy of the Town Board's Resolution regarding the acceptance of the Evergreen roads should be sent to Mary. With respect to the Nenni project, the bond should be released if the work has been accepted and retainage paid. This should be verified through Jerry Terwilliger's office. I am not sure how to resolve these problems but these bonds should automatically be released upon acceptance of the work in connection with the construction project or upon conclusion of the maintenance period in connection with subdivision roads. In the case of Evergreen,the Town Board waived the maintenance period because of the special circumstances surrounding this subdivision. JR�/b yours, , STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP . ROBERTS CC' Hon. Joseph Ruggiero, Supervisor Hon. Graham Foster, Highway Superintendent Gerald Terwilliger, Comptroller Joseph E. Paggi, Jr., P.E. \\V srp031Cornmon\W appingcrlPlanningBoard\Evergreen\070704-TLgm.doc VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER IRA A.PERGAMENT ALBERT P.ROBERTS (845)298 2000 LEGAL ASSISTANT: LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN E GARRETT* THOMAS R.DAVIS e-mail:VSRP@$estWe6.net POUGHKEEPSIE OFFICE EMANUEL R SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN R MACNISH (845)452-1046 KEVIN T.MCDERMOTT PINE PLAINS OFFICE STEVEN K.PATTERSON JAY B.RENFRO 2990 CHURCH ST. P.O.BOX 2I OADMMED TO PRACTICE PINE PLAINS,NY 12567 IN NY&FLA. (518)398-9857 ++ADMITPED TO PRACCICE IN NY&CONN. ADDRESS REPLY TO:( )POUGHKEEPSIE f ?WAPPINCERS ( )PINE PLAINS VIA FACSIMILE (897-5110) AND REGULAR MAIL July 12, 2004 Brinckerhoff and Neuville Insurance Group 68 Main Street Fishkill,New York 12524 Attention: Mrs. Mary Brinckerhoff Re: Acceptance of Evergreen Roads File No. 12949.0011 and 12949.0105 Tri-Municipal Phase 3A - Contract No. 6 Nenni Construction Bond Bond No. SU3288479 File No. 12876,019 Dear Mary: As promised, I wrote to the Town Clerk and the Zoning Administrator regarding various bonds that your office has issued. I am not sure how to simplify the process, however, in both circumstances, my investigation revealed that your respective clients were aware of the Town's actions and could have helped facilitate the release of the bonds. With respect to the Nenni bonds, I am enclosing a copy of letter dated March 1 l,2004 from Charles Del Bene, one of the engineers to the Town. A copy of this letter was forwarded to Nenni Equipment,which in turn should have been copied to you. Please note that I did not get a copy. Similarly with reference to the Evergreen Subdivision, because of various circumstances surrounding Evergreen, the Town Board waived the maintenance period. I am sure Nick I\V srp031Common\W appinger\PlanningBoard\Evergrccn\071204-BN.doc DeLucia and Roger Humeston were aware of the Town's actions and could have coordinated whatever information you required to release the bond. However, I am advised that both matters have now been resolved to your satisfaction. I am only looking for a way to make it easier for both of us. Please advise thoughts. Kfngards, VS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP AP. ROBERTS A CC' Hon. Gloria Morse, Town Clerk Tatiana Lukianoff, Zoning Administrator t; q` I\V srp03\Common\W appingerlPlanningBoard\Evergreen1071204-BN.doc TRANSACTION REPORT JUL-08-2004 THU 11 : 14 AM FOR' WAPP. TOWN-CLERK 8452981478 SEND(M) DATE START RECEIVER PAGES TIME NOTE mo JUL-08 8975110 5 47" OK 97 7 60" TOWN OF WAPPPINO"EH SUPERVISOR TOWN CLERK r ". , JOSEPH RUGGIERO • 1 GLORIA J.MORSE — } J TOWN COUNCIL VINCENT BETTINA -_ MAUREEN McCARTHY JOSEPH P.PAOLONI ROBERT L.VALDATI TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 72590-0324 (845)297.5771 i The Following Fax Message Consists of ages Including Cover Sheet FAX TELEPHONE NUMBER (845) 298-1478 DATE Z �' TO FROM C-5- '4n'CLC'-J REFERENCE IF YOU DO NOT RECENE ALL THE PAGES, PLEASE CONTACT SENDER IMMEDIATELY- Sender: DEC-13-2003 7HU 03:59 PN ERX Na, OWNP. 01 0 RESOLUTION NO. 2003-CR/0-11-11 RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND OTHER.IMPROVEMENTS IN CONNECTION WITH SECTIONS I and 11 OF THE EVERGREEN SUBDIVISION At a regular meeting of the Town ward of the Town of Wappinger, Dutc:hess County, New York, held at Town Hall, 20 .1vliddlebush Road, Wappingers Palls, blew York, on the 22n` day of December, 2003, at 7:34 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 Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by _�.-,Vzj,datj and seconded by Mr.. Bettina WHEREAS, Creative Building Concepts, lnc. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly described in a Subdivision plat entitled "phase 1 —Final Plat., Evergreen ;Estates", prepared by Barger, Day &Oswald Consulting Engineers and Surveyors, datcd September 2, 2992 and as may have been revised from time to time. thereafter, mid DEC-18-2003 THU 03.59 PM FAX ND, P. 02 1'VHEREAS; Wol finger.Enterprises, Ltd. has previously made application to the Town.of Wappinger Planning Board to approve a subdivision of lands more particularly descti.bed . Yn a subdivision plat entitled "Evergreen Estates—Section IT"prepared by bay, QsIuald & Gillespie Consulting Engineers and Surveyors, dated Jr1ne 14, 1999, and as may have been xevisEd from i time to time thereafter; and WHE"AS, the Town of Wappinger Plann n Bo b andrarified final al conditional upon, Resolution dated January 5, 1995, subject to, and conditioned u . ri, $��bdivision approval, by j fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Mapp and f rc;Iated Contract drawings, including dedication of the roads for Evergreen • ,• �' n Subd��tsion, Section j 1, all in accordance with the Town of Wa in er Subdivision Regulations, = ! Pp ons,Zoning g Code, Highway Specifications, and Rules and Regulations of the Town; and I WHEREAS,the Town of Wappinger planning Board granted final conditional j subdivision approval, by Resolution dated,April 20, 1995, subject to, and conditioned upon, fulfillinent of the conditions set forth in the aforementioned.Resolution„ and subject to f 1 certaan. i improvements being made and constructed as set forth in the aforesaid Subdivision Map and i related Contract drawings, including dedication of the roads for Evergreen Subdivision Section II, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, � Highway Specifications, and Rules and Regulations of the Town; and WHEREAS, Town Lave §277 requires a developer of a subdivision to guarantee the . II constraction,installation, and dedication of the improvements required by the Resolution.of Subdivision Approval,prior to issuance of any building permits; and I DEC-18-2003 TYU 03:59 pM FAX N0, WHEREAS, all of the improvements required by.the Resolutions of Subdivision Approval for both Evergreen Subdivision, Sections I and Il have been completed and WHEREAS, substq uerzt to the time the Off of Cession and Dedication was ' granted to the Tow,,of Wappingcr it was determined that the proposed Road "B" (sometirnes referras to as Abigail Lane) would no longer be needed nr.ucoessary as a Town road, axed WMRLtAS, the Town of Board has determined it is in the best interest of the citizens of the Town of Wa g , gr f pilin er and tlZe residents of the Evergreen Subdivision, Sections 7' and !(', that Evergreen Drive, together with Easements and other public is improvements, made and constructed in connection with Evergreen Subdivision, Sections I and ll, be accepted by the Town of Wappirtger as a public road and for municipal purposes and that the Deed of Conveyance ce tendered witl3 the pFfer of Cession and Dedication be amended to specifically exclude„Loadl' (sometimes referred to as Abigail Lane) and that said Deed of Canc onve B y e be amended excepting Road "B" from said description in accordance witha legal descriptionpare re p d by PaglaIr Martin &Del 13ene, LLP dated December 2, 2003, and in accordance with letter from ,I Joseph E. paggi, Jr., l'.E.,Engineer to the Town dated December 3, 2003, Copies of which ch are af&ed hereto. NOW, THEREFORE, HE IT RESOLVED, as follows: The recitations above set forth are incorporated in this Resolution as if full set I forth and adopted herein. y I 2, The Town Board hereby detennines that it is in the best interest Of thej residezRts of the Town of Wappinger, psrtiaularly-the residents of the Evergreen Subdivision, Sections I and, TI, IO accept the roads, easements, utilities and other related,improvements made and constructed , in connection with said Subdivision. DEC-18-2003 THU 04:00 PM FAX N0, P. 04 3. The Town Suporvisor,Joseph Ruggiero, the Engineer to the Town, Joseph.E. Paggi, Jr,, and the Attorney to the Town, Albert P. Roberts, are authorized and direct ed to take whatever steps are necessary to have the deeds and easements, and any related recorded and/or fi.Red in the Office ofthe Dutchess Count bills of sale, y Clerk and to execute any and all documents necessary for Such recording and/or r1ling, The Foregoing was put to a vote which resulted as follouvs: JOSEPH RUGOIERO, Supervisor Voting Ave C ROBERT L. VALDATI, Councilman Voting . Aye VIN'CBNT F. BETT rNA, Councilman "Voting Aye f .JOSEPH P, PAOLONT, Councilman Voting Aye i CHRISTOPHER J. COLSEY, Councilman, Voting ,Aye ' Dated: 'Wappingers Falls, New York December 22, 2003 The Re 1 n9is he by duly declared adopted. GLORIA r. M sl✓, 0 4VN CLERK i i i i f i I I. f j OAVVappingerlTown BoardAERM I MInAnr.—. .. 07'/09/2004 11 '.04 FAX 8458975110 BRINUKE'RH©FFNEUVILLEBRACKERH OFF EUVILLLDIVIS40t4 of na}aaa•,C RE.A+40 pro Woo+..2A-}j.L4�.AI�—Ii�'CR�.'Z n F{SAIfkRl�.MY 5�$S.Ya6 1rACQRTIO RAT'EID puom use:-4700-IrAX K&7-s97-'LLL* FAX TR1 NSWITAL LEAD SHEET FAX if. — # OF'PAGES.- FRO M. LtBJE CP REMARKS: "1*F ANY PAGES A,I, NS I-5IN4:; CALL: 845-86-4.706(CONWRCIAL/BCaNDIN ) 0R 845 470v(MSONAL) �'K'YWER" b su wt„'R.IuC» ray-cssvrr-rr nf..o-.�r.c 5:uwaco.a: vwaL W.5 'e"won wtl Mum #a T.a:i'a 09.0MS,lr.LZT 1v®nRMQ'A STatLCa 5T rai A"�YBCR Ccti.v —C.Nwt9ft1L w'T LZCOI .na+aG ecvaxt w!r 7kR�b} rrtiwao� -a71 re3-2C5..jc2 •7vweE•sY-a>a-s3�. wo.,[w -+3ae cwa dw.�n s-aG7-9ti°Sba I"x..ILA$a.1aF" rAX KA:C- 'T�r..iT7c . 07/08/2004 11 :04 FAX 8458875110 BRINCKERHUFFNEUVILLE IM 0021003 Frontier Insurance Company KNOW ALL MEN BY THESE PRESENT'S, that we, Creative Building Concepts as Principal, and the Frontier Insurance Company, a New York corporation authorized to do business in the State of New York,., having an office and place of business at Rock Hill New York, as Surety are held and firmly bound urntO the Town of Wappinger, as Obligee in the sum of Two Hundred Fifty Nine 'Thousand Six Hundred, Eighteen and no/140---_--- ($259, 61.8 . 00) Dollars lawful money of the united States of A,,meri.ca for the payment whereof to the Obligee, the said Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents . Signed, sealed and dated this 17th of July 1995 WHEREAS, the above Principal has made application to the Town of Wappinger for approval of a subdivision map entitled Evergreen Estates - Phase I A/K/A Lands of Metzger WHEREAS, the Planning Board granted the final approval on among other things that this bond be given to guarantee the construction and installation of the improvements listed on the Contractor' s Estimate dated January 30, 1995, attached hereto and made a part hereof and; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION" I5 SUCH, that, if the Principal shall well and truly make and complete the said improvements to the land covered by the subject subdivision in accordance with the rules and regulations of the Town of Wappinger, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, within (2) years from the date of the conditional- approval of the final plat, thea, this obligation of the Surety is to be mull and void; otherwise to remain in full farce and effect after said time . The Surety warrants and covenants to the Obligee that in failure of the Principal to fully perform and complete the said improvements at the time of the expiration of the (2) year term, then upon demand of the Obligee, made in waiting posted by ordinary mail to the office of the. Surety, the Surety would perform and complete the .improvements in place of the Principal~, or at the election of the Surety, tender a certified check for the amount of the cast completion not. exceeding the sum herein before recited and payable to the obligee. as wr iii ,�J uoa� F v, ! 7nr �,� "P 07/08/2004 11 :04 FAX 8458875110 BRINCKERHUFFNEUVILLE 003/003 f • i NO party other than the Obligee shall have any rights hereunder as against the Surety. The aggregate liability of the Surety on the bond obligation shall not exceed the penal sum thereof for any cause or reason whatsoever. This is the basis on which the Surety executed this bond and any party claiming to have any right against the Surety is bound by this limitation. Creative Building Concepts Frontier Insurance Company gY BY Mary B. Br nckerhoff Attorney-in-Fact DEC-18-2003 THU 03:50 ?H FAX NO, P, 01 RESOLUTION N0. 2003,CR RESOLUTION ACCEPTING ROADS, EASEMENTS, UTILITIES AND j OTHER IMPROVEMENTS IN CONNECTION WITH SECTIONS I and 11 OF THE EVERGREEN SUBDIVISION At a regular meeting of the Town Board of the Town of Wappinger, Dutc:hess County, New'York,held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 22nd day of December, 2003, 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 Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J, Colsey ABSENT: The following Resolution was introduced by,-.,mr- Val-riatiand seconded by Mr. Bettina WHEREAS, Creative Building Concepts, Inc. has previously made application to the Town of Wappinger Planning Board to approve a subdivision of lands more particularly f described in a subdivision plat entitled "Phase 1. —Final Plat, Evergreen Estates", prepared by ' Barger, Day&Os*ald Consulting Engineers and Surveyors, dated September 2, 1992 and as may have been revised from time to time thereafter; mid DEC•-18-2003 THU 03;59 PM FAX N0, P, 02 WHEREAS; Wolfinger Enterprises, Ltd, has previously made application to the Town of Wappinger planning Board to approve a subdivision of lands more particularly described in a subdivision plat entitled "Evergreen Estates— Section 11"prepared by Day, Oswald & Gillespie Consulting Engineers and Surveyors,dated ,Tune 14, 1999,.and as may have been revised from time to time thereafter; and WHEREAS; the Town of Wappinger•RlanningBoard granted final conditional subdivision approval, by Resolution dated January 5, 1995, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned Resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map and related Contract drawings, including dedication of the roads for Evergreen Subdivis' ion, Section 1, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and Regulations of the Town; and WHEREAS,the Town of Wappinger planning Board granted final conditional subdivision approval, by Resolution dated.April 20, 1998, subject to, and conditioned upon, fulfillment of the conditions set forth in the aforementioned resolution, and subject to certain improvements being made and constructed as set forth in the aforesaid Subdivision Map aiid related Contract drawings, including dedication of the roads for Evergreen Subdivision, Section 11, all in accordance with the Town of Wappinger Subdivision Regulations, Zoning Code, H.ighway Specifications, and Rules and Regulations of the Town; and WHEREAS, Town Lav §277 requires a developer of a subdivision to guarantee the construction, installation, and dedication of the improvements required by the Resolution of Subdivision Approval,prior to issuance of any building permits; and DEC-18-2003 M 03.89 Ph1 . FAX N0, WHEREAS, al l of the improvements required bathe Resolutions of Subdivision Approval for both Evergreen Subdivision, Sections I and 11 have been completed; and WHEREAS, subsequent to the time the Offer of Cession and Dedication wasranted g to the Town of Wappinger it was determined that the proposed Road "B" (sorn.etimts referred to as Abigail Lane) would no longer be needed or necessary as a Town road; and WIfEREAS, the Town of Board has determined it is in the best interest of the citizens of the Town of Wappinger, and the residents of the Evergreen Subdivision, Sections 1 and T1, that .Evergreen Drive, together with Easements and other public improvements, made and constructed in connection with Evergreen Subdivision, Sections I and 11, be accepted by the Town of Wappinger as a public road and for municipal purposes and that the Deed of Conveyance tendered with the OFfer of Cession and Dedication be amended to specifically exclude Road "B" (sometimes referred to as Abigail Lane) and that said Deed of Conveyance be amended excepting Road "D" from said description in accordance with a legal description prepared by Paggi, Martin &.Del Bene, LLP dated December 2,2003, and in accordance with letter From Joseph E. Paggi, Jr., P.E., Engineer to the Town dated.December 3, 2003, copies of which are aff=d hereto. NOW, THEREFORE, 8E IT RESOLVEn, 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 detemines that it is in the best interest of-the residents of the Town of Wappinger, particularly the residents of the Evergreen Subdivision, Sections I and. d T1, to accept the roads, easements, utilities and other related improvements made and constructed in connection with said Subdivision. OAWappingehTown BoardlRE8N I Mlr)Nnc.,.,. DEC-18-2003 THU 04:00 PM FAX N0, P, 04 3. The Town Supervisor, Joseph Ruggiero, the Engineer to the Town, Joseph E. aggi, Jr., and the Attorney to the Town, Albert P. Roberts, are authorized and directed to take whatever steps are necessary to have the deeds and easements, and any related bills of sale, recorded and/or filed in the Office of the Dutchess COU"ty Clerk and to execute any and all documents necessary for such recording and/or filing, The Foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting A Te ROBERT L. VALDATI, Councilman Voting . Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: 'Wappingers Falls, New York December 22, 2003 The Re 1 nois he by duly declared adopted. GLORJA J. M SE, OWN CLEkK 0:1Wappir+ger%Towr Board lRESOLUTI OMEvergrsen-accept roads.doc DEC=I8--2008 THU 04:00 PM FAx NO, P. 05 PAGGI,MARTIN&.DELBENE LLp Cortsul�ing Engineers & ,Lund Sterveyors 56 Main Strcct t"oughk=psie,New York 1.2501 845-471-7899 8.45-471-0905(FAX) December 3 2003 Vergilis, Stenger, Roberts, Pergament & Vigliotti 1136 Route 9 Wappingers Falls, New York 12590 Attention: Albert P, Roberts, Esq. Reference: Evergreen Estates Dear Al: As you recall, Andy Metzger was going to provide a deed description for Abigail Lane or Road "B" that he wishes to retain. As you are aware, the dead description and the present Offer of Cession includes both Road "A" (Evergreen Drive) and Proposed Road "B" (Abigail Lane). With the development of the Zammielo property just to the east of Evergreen Estates, the construction of Abigail Lane became a moot point_ Obviously, the Town is desirous to take this road over. To that end, Andy has not supplied the easement description for this road or set the four (4) concrete monuments that were promised. Roger Hummeston has advised me that he has spoken to Bob Oswald, Surveyor for the project, and he would install the monuments and Roger would take care of it with Oswald. I have taken the liberty of preparing a deed description for Abigail Land (copy of which is enclosed). It would be my recommendation that this description be attached to the Offer of Cession and be noted as the description of the Abigail Lane or Road "B", and that this deed description will be excepted and reserved from the original. If there are any questions on the above, please do not hesitate to contact this office. Very truly yours, seph E.•Paggi, Jr., JEP:Iaw cc, Hon. Joseph Ruggiero Hon. Graham Foster Roger Hummeston DEC-18-2003 THU 04;00 PCI FAX NO. F. Ub Road B 0.497±Acre Parcel Town of Wappinger Duchess County,New York . Beginning at a point, said point being at the southwesterly corner of Lot No.3 as shown on a map entitled, "Evergreen Estates', on file in the Dutchess County Clerk's Office as File Map No.10113, said point also being at the intersection of the easterly line of Road A with the northerly line.of Road B; thence leaving said southwesterly comer and said point of intersection and running along the southerly line of Lot No.3 and the southerly line of Lot No,1,North 690 52' 32"East 250.35 :Eget and on a curve to the left having a radius of 25.00 feet and an are length of 21.74 feet;thence continuing along the southerly. line of the aforementioned Lot No.1 and running along the northerly line of lands now or formerly Metzger on a curve to the right having a radius of 52,50 feet and an arc length of 256.23 feet and on a curve to the left having a radius of 25.00 and an.arc (length of 21.74 feet;thence continuing along the northerly Iine of Metzger and running along the northerly line of Lot No.4, South 69° 52' 32" West 250.33.£eet to a point being at the intersection of the southerly line of the aforementioned Road B with the easterly line of the aforementioned Road A;thence leaving said point of intersection and running North 20° 09' 13" West 50.01 feet to the point of beginning containing 0,497±acres of land. Paggi Martin, &Del Bene, LL P. December 2, 2003 TOWN OF WAPPINGER TOWN CLERK GLORIA J.MDRSE SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL -- VINCENT BET-TINA CHRISTOPHER J, COLSEY JOSEPH R PAOLONI TOWN CLERK'S OFFICE ROBERT L.VALDATI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 1259.0-0324 (845)297-5771 December 23 2003 Wappingers Falls Past Office Postmaster Remsen Avenue Wappingers Falls, NY 12590 Dear Postmaster: This letter will serve to notify you that the Town Board of the Town of Wappinger at their meeting of December 22, 2003, has formally accepted,Evergreen Drive as a Town Road, and the Town will be maintaining it as such. Whatever your policy regarding the delivery of mail to homes on this street is, if the acceptance of the road by the Town is the criteria, mail delivery may be effectuated now. Yours truly, U�?o M rse Town Clerk GJW1h TOWN OF W"PINGER TOWN CLERK GLORIA J.MORSE SUPERVISOR JOSEPH RUGGIERO - TOWN COUNCIL VINCENT BET71NA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI TOWN CLERK'S OFFICE ROBERT L, VALDATI 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0924 (845)297-5771 December 23, 2003 Transportation Department Remsen Avenue Wappingers Falls, NY 12590 To Whom It May Concern: This letter will serve to notif their Meety you that the Town Board of the Town of Wappinger at Road, ing of December 22, 2003 has formally accepted, Evergreen Drive as a Town and the Town will be maintaining it as such. Yours truly, e � Gori . Mo se Town Clerk G]M1Ih VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS FALLS, NEW YORK 125.90 OF COUNSEL: KENNETH M.STENGER IRA A, PERGAMENT ALBERT P.ROBERTS (845)298-2000 LEGAL ASSISTANT: LOUIS J.VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT** THOMAS R.DAVIS e-mail:VSRP@BestWebset POUGHKEEPSIE OPFICB EMANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN{R MACNISH (845)452-1046 KEVIN T.MCDERMOTT STEVEN K PATTERSON PINE PLAINS OFFICE 2990 CHURCH ST JAY B,RENFRO P.O.BOX 21 *AD,NW T6D'r0 PRACTICE PINE PLAINS,NY 12567 IN NY A FLA. (518)398-9857 **ADMn-r ED TO PRACTICE . IN NY A CONN. ADDRESS REPLY TO:( )POUGHKEEPSIE O WAPPINGERS ( )PINE PLAINS .. VIA FACSIMILE (897-5110) AND REGULAR MAIL August 2, 2004 Brinckerhoff and Neuville Insurance Group 68 Main Street Fishkill,New York 12524 Attention: Mrs. Mary Brinckerhoff Re: Acceptance of Evergreen Roads General Town Clerk File No. 12949.0011 and 12949.0105 File No. 12949.0002 Tri-Municipal Phase 3A - Contract No. 6 RECEIVED Nenni Construction Bond Bond No. SU3288479 0 6 20% File No. 12876.019 TOWN CLCfjK Dear Mary: I just want to follow-up my letter of July 12, 2004. After I inquired with both Tatiana Lukianoff and Town Clerk Gloria Morse, they quite frankly gave me a different version of the story than you did. As I indicated in prior correspondence, in both circumstances (Evergreen and Nenni), your client had copies of a Town Board correspondence indicating the action that the Town Board had taken. I believe the obligation is upon your client to get you the appropriate information to either change the bond, release the bond or have the bond returned. In any event,my experience with both the Zoning Department and the Town Clerk's Office is that both offices are very cooperative in getting requested information out to the interested parties. My sole purpose is to make sure there is no misunderstanding between your office and Town and if there is anything that the Town can do to facilitate the process,please advise. O:1Wappingcr\PlanningBoard\Evergreen1080204-BN,doe With respect to the Nenni bond, this was the first time in my 15 years as Town Attorney that there was ever a problem in the release of a Performance Bond upon completion of the work. KiW ands, VSTENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP . ROBERTS cc: Hon. Gloria Morse, Town Clerk Tatiana Lukianoff, Zoning Administrator 0:1W app inger\P]anningBoard\Evergreen1080204-BN.doc VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 I GERALD A.VERGILIS* WAPPINGERS PALLS, NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER IRA A.PERGAMENT j ALBERT P.ROBERTS (845)298-2000 LEGAL ASSISTANT: LOUIS 1.VIGLOTTI FAX(645)298-2842 AMY E.DECARLO JOAN R GARRETT** e-mail:VSRPoBestWeb.net .THOMAS R.DAVIS POUGHKEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL RECEIVED POUGHKEEPSIE, 46 12601 KAREN P.MACNISH (845)5)452-452-1046 KEVIN T.McDERMOTT PINE PLAINS OFFICE K.PATTERSON 0 7 2001 2990 CHURCH ST. JAY B.RENFRO P.O.BOX 21 *ADMITTED TO PRACTICE PINE PLAINS,NY 12567 IN NY t FLA. TOWN CLERK (518)398-9857 *"ADMITTED TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:( )POUGHKEEPSIE ( )WAPM(;MS ( )PINE PLAINS VIA FACSIMILE (897-5110) AND REGULAR MAIL July 2, 2004 Brinkerhoff and Neuville Insurance Group 68 Main Street Fishkill,New York 12524 Attention: Mrs. Mary.Brinckerhoff Re: Acceptance of Evergreen Roads File No. 12949.0011 and 12949.0105 Dear Mary: I am enclosing copy of letter previously forwarded to you regarding the Town's acceptance of Evergreen Drive. Nick DeLucia still advises that there is additional work to be done. Please advise Zoning Administrator Tatiana Lukianoff precisely what action and/or information you require of the Town to have this bond matter resolved. Thank you for your courtesy and attention. Kindes r ards, VERS £ , STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP F SLc T P. ROBERTS APR/b cc:. Hon. Gloria Morse,Town Clerk. Tatiana Lukianoff, Zoning Administrator Mr. Nick DeLucia,.Andlyn Associates 11V srp031CommonlWappingerlPlanningBoard\Evergreen\070204-BN.doe VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI,LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS• WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER (845) 298-2000 IRA A.PERGAMENT ALBERT P ROBERTS LEGAL ASSISTANT: LOCHS J.VIGLOTTI FAX(845)298-2642 AMY E.DECARLO JOAN F.GARRE'IT"• e-mail:VSRPaBevWcb.ncl THOMAS R.DAVIS POUGHKEEPSIE OFFICE 276 MAIN MALL EMANUEL F.SARIS POUGHKEEP M NY 12601 (845)452-1046 KAREN P.MACNISH KEVIN T.MCDERMOTT PINE PLAINS OFFICE STEVEN K.PATTERSON 2990 CHURCH ST. JAY B.RENFRO FO.BOX 21 PINE PLAINS,NY 12567 -ADMrrM TO PRACTICE (518)398-9857 IN NY&FLA. -ADMITYED TO PRACTICE ADDRESS REPLY TO:( )POUGHXEEPSIE IN NY k.CONN. ( )WAPPINQMS ( )DYNE PLAINS March 22, 2004 Brinckerhoff and Neuville Insurance Group 68 Main Street Fishkill,New York 12524 Attention: Mrs. Mary Brinckerhoff Re: Evergreen I and I1 Si:ibdivisions File No' 12949.0011 ajnd 12949.0105 Dear Mary: I know the Bond payments for the above-referenced matter have been made by Andy Metzger of Creative Building Concepts, Inc. In any event, I wanted to make sure that you understand that the roads have been taken over by the Town and the bonds are no longer needed. Kindest r ards, VER I , STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP E T P. ROBERTS APR/b r' 11 V srp031CommonlWappi n gerTl anningBoardlEvergreen103 2204-BN.doc DICTATED BUT NOT PROOF READ BY ALBERT P.ROBERTS TOWN OF W"PMGER TOWN CLERK • SUPERVISOR GLORIA J, !NORSE JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI TOWN CLERK'S OFFICE ROBERT L.VALDATI 24 MIDDLEBLISH ROAD WAPPINGERS FALLS,NY 12590-0324 (845)297-5771 July 14, 2004 Albert P. Roberts, Attorney at Law 1136 Route 9 Wappingers Falls,New York 12590 Re: Letter of July 6, 2004 Dear Al: Upon my return from a 4 day vacation from work, (July 6--9, 2004), 1 found your above referenced letter to myself and Tatiana. I wish to clarify a few things. First of all, Mary Brinckerhoff called my office once. I attempted to answer her call on the afternoon of July 2,only to find that her office had closed early for the holiday weekend, Florence called Mary while I was away and supplied her with the Resolution of Acceptance of Evergreen Roads which is all that she required in that regard. I also received the letter to Ms, Brinkerhoff,which you copied me on,wherein you stated that you were advised that both matters have now been resolved. Since that time, I have had occasion to talk to Mary. She did not wish to retrieve the bonds. She only needed the correct information as to status to release the bonds. In reference to Nennni, that matter was not resolved. I have sent her a letter on my letterhead (copy enclosed}which she requested, in order to release that bond. If you need any further clarification, please do not hesitate to contact me. Sincerely, Gloria I Morse, Town Clerk GJM:fh encl: 1 cc: Hon. Joseph Ruggiero, Supervisor w/enclosure j Hon. Graham Foster, Highway Superintendent Gerald Terwilliger, Comptroller Joseph E. Paggi, Jr., P.E.