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Losee Road
STATE OF NEW YORK-DEPAF4TMFNT OF TRAM VOMTATION TRAFFIC AND SAFETY olVISION STUDY NO.: 899-2003 NOTICE OF ORDER FILE: 180-1.3-19 TROOP: K THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE 1NH KEEY: SECTION 1213.29 SUBDIVISION � ('1) PARAGRAPH __ (2) OF THE DEPARTMENT'S REGULATIONS 1S DADDED �AMENDED to road as follows: Q REPEALED (2) SEC ATTACHED The above crder will be eflective capon the installation,modification or rernov€el of the necessary traffic control device(s) required by and @onforming to the States Manual of Uniform Traffic Control Devim. APPROVEDBY: W.D. FitzPatrick Regional Traffic Engineer (DATE) (SIGNATURE) (TITLE) DESCRIPTION This action amends the existing 30 MPH Town wide area speed limit in I ae Town of Vdappinger to include Lowe Road. COUNTY: Dutchess LOCALITY. Town of Kap'pinger OTHER RELATED ACTIONS ® NONE ® 1113.29 (h) (Identify) cc: 0 CITY POLICE DEPARTMENT �] VILLAGE �] SHERIFF REGION,_ _3o.TRAFFIC ENGINEER ® TOWN ® STATE POLICE OTHER . -�- ® COUNTY SUPT. [] PERMITTEE (Specify) (2) The following Town and County roads are excluded from the 30 MPH area sh,eed regulation: (i) Myers Corners Road, CR 93 (ii) Middlebush Road, CR 93 (iii) Spook Hid Road (iv) All Angels Hill Road, CR 94 {v) New Hackensack Road, CR 104 (vi) Widmer Road (vii) North River Road (vill) Chelsea Road, CR 92 between Rt. 9D and a paint ,3 mile east of Liberty Street (ix) Old State Road {x) Diddell Road (xi) Old Route 9 (xli) DeGarmo Hill Road (xiii) Montfort Road (xiv) Ketchamtown Road (xv) Maloney Road (xvi) Smith Crossing road (xvfl) 5t. Nicholas Road (xviil) Old Hopewell Road, CR 28 (xix) Osborne Hill Road (xx) Robinson Lane STATE OF NEW YOF-W-DEPARTMENT OF TRANSPORTATION TA AFFIC AND SAFETY DIVISION syuoy No.: 899-2003 NOTICE OF ORDER FILE: 180-13-19 TROOP; THE DEPARTMENT OF TRANSPORTATION HAS FILED AN ORDER WITH THE SECRETARY OF STATE'WHEREBY- SECTION 1113.29 SUBDIVISION PARAGRAPH OF THE DEPARTMENT'S REGULATIONS IS ❑AI)DFD ❑AMENDED to read as follows: �REPEALED The above order will he effective upon the Installation,r aodifieation or removal of flee necessary traffic control device W required by and conforming to the State Manual of Uniform Traffic Control evices. 02J2�99 _. APPROVED BY: W-11 FitZPatritk RagiQaa2 Traf is Fnganeer.. (DATE) (SIGNATURE) (TITLE) DESCRIPTION: This action repeals the 40 MPH speed regulation on Losee Road so that it can be included in the 30 MPH Town wide area limit. COUNTY: Dutc,hess LOCALITY: 'Town of a.Z�pa.nger OTHER RELATED ACTIONS ❑ NONE 1213.29 (. (Identify) cc: ❑ CITY ❑ -_ POLICE DEPARTMENT ❑ VILLAGE ❑ SHERIFF ❑ REGION— TRAFFIC ENGINEER ❑ TOWN ❑ STATE POLICE ❑ OTHER . ® COUNTY SUPT. ❑ PERMITTEE (Specify) November 6, 1996 Subject; Losee Road Storm Sewer Constance "Connietr Smith Supervisor, Town of wappinge,L 30 Middlebusa .load Dear Connie You may recall our brief r13eeting on 10/15/96 when we discusseal the feasibility of running a drain line for -residential sump puir,p effluent soutil to an existing storm sewer which empties into a small stream on the east side of Losee Road, This stormsewer is in front of the Isidore Stone .10esid.ence on the west side of Losee Road, S am wondering when digging is being done -for the Txi-i',unlcipal Sewage Project if it would be practioal to install piping connecting the homes north of the existing storm. sewer to that storm sewer. T unaerstaad digging in my area will begin in mid-1997 . True attached a sketch showing the layout of the homes i.nvoived. T would appreciate it very much if you and ;sir, Jay Paggi-, Town Engineer, would look into this matter. Sincerely, Frank W. Morgan. Frank W.Morgan 31 Losee Road Wappingers Falls,NY 12590 -3c6 i�-. 11 � . r � i wra ma's f �S kj a v Nj k Y� ! 11 / _s 411� of��fib OZ4fa VERGIMS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1611 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (914)298-2000 GERALD A.VERGILIS* FAX(914)298-2842 LEGAL ASSISTANTS: KENNETH M,STENGER / �. DALE O'DONNELL ALBERT P.ROBERTS AMY E.WOODARD IRA A.PERGAMENT ANTONIA T.LUCIA X- ' POUG6 MAIN IE OPILICE ALL JOAN F.GARRETT*'x H MAIN 1,NY THOMAS R.DAVIS ���'� '�� �• '���f �` �� '�- r-� _��.� � POUGHKEBPStE,NY�12601 (914)452-1046 CHRIS MULARADELIS *ADMI3TP,0 TO PRACTICE '� l _ ✓ i.;� _ / ADDRESS REPLY TO•,( )POUGHKEEPSIF IN NY&FLA. )WAPPINGERS **ADMPITED TO PRACTICE '_._:.. { IN NY&CONN. -' October 8, 199E Town Board,Town of Wappinger 20 Middlebush Road Post Office Box 324 Wappingers Falls, New York 12590 Attn: Hon. Constance O. Smith, Supervisor Re: Becker Stone Wall Losee Road Dear Connie: As per the request of the Town Board, we jointly made a field inspection of the stone wall adjacent to the Becker property on Losee Road. The existing stone wall during its entire length along the road is in a state of deterioration and in danger of falling down. It is our determination that the wall is in an area (shoulder) regularly used and maintained by the Highway Department. The specific area in question is a portion of the stone wall which has collapsed and fallen onto the shoulder. If it is not removed, it will pose a danger to Highway Department vehicles, snow plows and cycle-bar mowers; it is also a potential danger to the travelling public. Hon. Constance 0. Smith, Supervisor October 8, 1996 Page 2 It is our joint recommendation that all unstable portions of the stone wall be removed. The area in question should then be stabilized (i.e., graded, top-soiled and seeded). Very truly yours, ALBERT P. RUB—ERTS, ATTORNEY TO THE TOWN J6S PH E. PAGGI, JR., P.E., NGINEER TO THE TOWN GRAHAM FOSTER, TOWN HIGHWAY SU\ RINTENDENT ,, �1 BY HAND April 30, 1996 Mrs. Constance Smith Town, Supervisor , Town of Wappingers 20 Middlebush Road Wappingers Falls, NY 12590 Re: 148 Losee Road, Wappingers Falls Dear Mrs, Smith; As per our conversation this morning, I my conversation with Graham Foster would like to state When m. 01 Your HighwaY De V wall was first Department, 1992-93, 1 called the hit by the plow in the of I was told it was plot Town (Hi, hwa_ Winter t g �' .Department) to let them (snow. Now, during the winterpossible that, the plow had hit the wall . again and it has been slaiftnaY6 the rocks la plow has caught, the wall laying on the n toward the road, with some larger there road. Foster told at was reap. Mr. that it was not y nothing he could me toda.Y (April 30th) with the possible for do about the wall (and ice and snow the plow to have hit it were shifting), melting in the - and that g7, but by the time the tow.nlfinishedthat was �.yhy t.heyr garbage, it, would be well were able to het t° the into the fall pickin up the roads months by the time they to fix the winter damages done. He also told down, me that with the town most of the tawn's tax money isying to kee that it would take more than 1p0 p t".Fie taxes hour, going to the schools He also stated that h°urs of manpower s ool and would do and reiterated there wa.gn 't really Per through again that he would anything the taw,, �h the fall . be busy picking' up We are very concerned with this Years old and we have problem. We hope redone (7ur home is 160 p that you are the en"time home from to understand that it maybtakea help us with p to bottom. Understanding some time to this problem, Mr. Foster stating -get to, z can the town could do, that there wa.s " 11a.ve trouble really a3othing' We look forward to hearing from YOU. Sincerely, Eliza eth C � � �, � c- Z�A. Becker Paul A. Becker cos ` i`` , I r• � � �J �,l�y+�G �11;0 p 5 ' 4 F .y ar 0.1 Yr„rk�pri'R+S�^,`G°fri a,�.��rlr �b:R� �S'•lFp,w,!xl "\ �r �y :M,^ 'r!`Gf 7" .4...1 Y N�M,'R��� a.�7' �#MS'4'Y tla�:•m�.n _ y. ^,Ik....,,'~ ♦.. e �; GELLER.T 8 CUTLER., P.C. ATTORNEYS AND COUN5ELOR5 AT LAW SHELDON CUTLER 75 1vA5H:I2.IGTOAI STREET J05EPH H.GELLEFIX LEONARD KLEIN P©UGHKEEPSIE, NEW YORK 12601 tl�(S7-i3&9J ARTH.UR L,GELLERT STEPHEN E.EHLERS (914)454-3250 PAUL J..GOLDSTEIN- FAX: 91.4-454-4652 JOHN A.GEOGHEGAN WESTCHESTER OFFICE ALBERT P.ROBERTS 35 PURCHASE STREET LILLIAN S.WEIGEFIT RYE.NEYY✓YORK 10580 CA.RL P.BARONE �L,, ((]]��99 STEPHEN E.DIAMOND" December 31, 1992 7 2 FAX 0 4 967-623 FAX CJ94 9C',7-623fi RAINA E.MA.I5SEL` DAVID R.WISE*" LONG ISLAND OFFICE EMANUEL F.SA.RIS TERRY D.HORNER 2001 MARCUS AVENUE,SUITE W95 LAKE,5UCCE55,NEW YORK 11042 ADMITTED IN NY 6 FL (516)355-0905 ADMITTED IN NY,FL 8 MA 'ADMITTED IN NY 6 ENCLAN'D «`ADMITTED IN NY 6.CT Mrs. Elaine Snowden Town. Clerk, Town of Wappinger 20 Middlebush Road R.C. Box 324 Wappingers Falls, NY 12590 Re: Highway Takings Our File No. 5457 . 5426 Dear Elaine: I am pleased to enclose herewith the following original deeds which have been regarded in the Dutchess County Clerk' s Office: 1. Widmer Inn Restaurant. Corp. to Town of Wappinger; 2. Chester A. Engley and Alejandra F. Engley to Town of Wappinger; and 3. Harry D. Armstrong to Town of Wappinger. I also enclose Subordination of Mortgage granted by .Putnam County Savings Bank to the Town of Wappinger regarding the parcel conveyed by Widmer Inn to the Town. These deeds were all given to the. Town for road widening purposes. Very truly yours , G I T A ' ERT P. RO APR/aml cc: Hon. Constance 0. Smith Ernst Martin (w/deeds). Graham Foster PAGGI & MARTIN Considfing EitgIneers & 1,anel Su;-veywu 54-56 NIaM Street Poughkeef)sle, New York 12601 914-471-7898 1�16 February 24 , 1966 Irene Paino, Supervisor Members of the Town Board Town of Wappinger Box 324 Wappingers Falls, New York 12590 Re: Losee Raa�e Deport Dear Mrs . P,aino and Board Members: As requested, this office has reviewed the present condition of Losee Road with respect to its serviceability. Field inspections were made with Ken Croshier, Highway Superintend- ent, and all available traffic count, and speed data was analyzed. Our findings show the following: 1) Losee Road is a Town road, 4 ,840 feet in length, connect- ing Myers Corners Road and Hopewell Road, two county roads. Losee Road parallels Route: #9, approximately 2, 200 feet to the east. 2) The roadway is paved with blacktop varying between 18 feet and 20 feet in width. The tax maps show a right-of-way width of 50 feet. 3) The existing speed limit on the road is 30 miles per hour. 4) The road is quite old and not geometrically designed. The topography varies from side to side, and some of the houses are quite close to the paved surface. 5) There is a tee intersection with Sucich Place approximately 1 , 920 feet north of Hopewell Road. There are stop signs all three ways at this intersection. The vertical sight distance at this intersection is not adequate. P V, L.', Irene Paino, Supervisor Members of the Town Board Town of Wappinger Box 324 Wappingers Falls, New York 12590 February 24, 1986 Page Two 6) The peak hourly traffic on April 24 , 1985 occurred between 5: 00 P.M. and 6: 00 P.M. at 146 vehicles. 7) The traffic count between April 24 , 1985 and April 28 , 1985 averaged 1,400 vehicles at Myers Corners Road. 8) Speed reports obtained were from September, 1978 . They showed speeds ranging from 17 miles per hour to 40 miles per hour, however, their age discounted their use.. At the February 3, 1986 Town Board meeting, residents of the area presented the Town Board with a signed letter requesting something be done with the roadway before a serious accident occurs. They state that there are a number of things that can be done to alleviate the problem. This office agrees that the road is not designed to any Highway Standards, but that considerable work would have to be done to bring the road up to standard. Using current data, construction costs to build this road would total $750, 000. Right of way would ,probably have to be acquired, with the possibility of actual houses having to be bought. Alternatives in resolving the problem are: 1) Reconstruction 2) Change of use of roadway 3) Stronger speed limit enforcement Reconstru-ction is considered above, however the costs seem to be prohibitive. Possibly, certain sections could be identified as severe problem areas, and those sections could be rebuilt. This would reduce the costs to whatever the Town Board felt it could budget for this project. The change of use of the roadway would require a good deal of planning thought. My preliminary opinion is that the road should remain as a through road between the two County arterials . Changing this use would have a detrimental effect to the residents of Losee Road and residents of other parts of the Town. Irene Paino, Supervisor Members of the Town Board Town of Wappinger Box 324 Wappingers Falls, New York 12590 Page Three Stricter enforcement of the speed Laws can only be accomplished through beefed up police monitoring. Possibly, something could be worked out with the Sheriff 's Department to this end. There are a number of practical things that can be done by ache Town Highway Department.. These include keeping the sides of the road clear of growth, keeping the road signs clearly visible, and proper winter maintenance. I trust that this gives the Board the information required to make a proper decision. V,. y truly your, C oseph E. Paggi, Jr. , P.E. JEP/sa cc: Ken Croshier, Highway Superintendent C-Q. Ti, � Q CORBALLY, GARTLAND AND RAPPLEYEA Aftnw .o �M"AOTZ,at W& BARDAVON BUILDING 35 MARKET STREET CHARLES J. CORBALLY(1966) POUGHKEEPSIE, NEW YORK 12601 FLORIDA OFFICE: JOHN' J. GARTLAND,JR, 914-454-1110 50 SOUTH BELCHER ROAD RICHARD V.CORDIALLY BUILDING E.SWTE 122 ALLAN E-RAPPLEYEA CLEARWATER,FLORIDA 33515 DANIEL F. CURTIN F 813-461-3144 FRED W. SCHAEFFER JON HOLDEN ADAMS BRANCH OFFICE: MICHAEL G.GARTLAND BANK Or MILLBROOK BUILDING VINCENT L. DEBIASE: FRANKLIN AVE. FAUL O. SULLIVAN+ August 20, 1979 MILLBROOK,NEW YORK JOSEPH F. HAWKINS COUNSEL +MEMBER N.Y.AND FLORIDA BAR The Hon. Louis D. Diehl, Supervisor Town of Wappinger Wappingers Falls , New York 12590 Dear Lou: At Monday night' s Town Board meeting the Town consented to the well described in the enclosed release. If the same is satisfactory to you, would you please sign it and return it to me. Please note that the town has reserved the right to use the right of way for highway purposes . Very truly yours, CORBA LY, GARTLAND & RAPPLEYEA Jo H 1 Lams JHA/lh Enc. Q AGREEMENT, dated August 15 , 1979, between ROBERT H. ARNOLD and V. LYNN ARNOLD, his wife, residing at Losee Road , Wappingers Falls, New York, hereinafter referred to as "Releasors' , and THE TOWN OF WAPPINGER, a .municipal subdivision of the State of New York, with its principal offices at Mill Street, Wappinger Falls , New York. In consideration of the Town of Wappinger's consent to the continued location, of a water well in a right-of-way of the property owned by the Town of Wappinger, the Releasors releases and discharges the Town of Wappinger for all times to the date of this release and for all times subsequent hereto from any actions, causes of action, suits, liabilities , damages, trespasses , claims in law or equity which it may have now and in. the :future against the Town or its improvement district or subdivision ,thereof with respect to the water well within a highway easement adjoining the premises owned by them, said easement more particu- larly described in a deed recorded in Liber 1335 of Deeds at page .020, said claims to include but not to be limited to those including contamination, damage to structure or well walls , dislocation, or any actions of any description of the Town of Wappinger, its improvement districts or its subdivisions in the past, present, or in the future, ' 4 The Tows. of Wappinger consents to the continued location of said . water well. by the Releasors , their heirs and assigns. The Town of Wappinger reserves the right to utilize and public utilit those areas within its right.-of-way for highway/purposes upon reasonable notice to the Releasor. This release shall be binding on the assigns , heirs , executors administrators and successors of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day. and year first, written above. bett H. t4riold L.S . V. L- Arnold TOWN�' W�APPING R STATE OF NEW YORK ) j SS : COUNTY OF DUTCHESS ) Or this 1.5 th day o f Aug,us , 19-7--9 be-f.-ore—me—pe-r-s-ena1.-1-y -— - appeared ROBERT H. ARNOLD and V. .LYNN ARNOLD, to me personally known and known to me to be the same persons described in and who executed the within instrument, and they a 5yftowledged t me that they executed the same.. NOTARY PU TC BAR13ARA'SAMMONS NOTARY PHLIC, �FATF OF NEW YORA RESIDENT IN AND FOR ULSlEtt COUNT GU1hhi1S510N EUIBES MAIM 20, 1�, } STATE OF NEW YORK ). SS : COUNT' OF DUTCHESS ) On this , C ' day of August,' 1979, before me, the sub- scriber, personally appeared .��_,5 7 � `ems,Y-,I to me known, who, being by me duly sworn, did depose and say that he resides in �.L_tifr ��1rw�F� c:,_l`sf,� .� .}Lr�e [r 1 that he is the ' ��, ")c; vkxt of he TOWN OF WAPPINGER, the municipal subdivision described in and. which executed the above instrument; that he knows the seal of said municipal. subdivision; that the seal affixed to said instrument is such seal ; that it was so affixed by order of the Board of said municipal subdivision; and that he signed h,+3 name thereto by like order. Notary Public E0'INr.H. 5i-10 DtV 1•< Notary Public State Of I w York (2esid;n�, in Dutchess Lct+nty Term EXPires March 30, 19" DEPARTMENT OF PUBLIC WORKS a s JAMES SPRATT, P.E., COMMISSIONER DEC 1978 - COUNTY OFFICE BUILDING POUGHKEEPSIE, NEW YORK 12601 Telephone 914/485-9856 ELAINE H, Sfig Wn f N PETER N.ANAGNOS,P.E. RICHARD W. STELLER,C.E.T. SYDNEY L.MCGRATH,P.E. Director of Engineering Director of Construction&Maintenance Director of Physical Facilities 38 Dutchess Turnpike 38 Dutchess Turnpike 22 Market Street Poughkeepsie,New York 12603 Poughkeepsie,New York 12603 Poughkeepsie,New York 12601 Telephone 471-0700 Telephone 471.070D Telephone 485-9856 December 7, 1978 Mrs. Elaine Snowden, Town Clerk-Town of Wappinger Mill Street Wappingers Falls, New York 12590 Dear Mrs. Snowden: -Speed Zone Requests The engineering staff of the Department of Public Works has reviewed the speed limit requests as presented to this department on the following roads.... ..Widmer Road, Spook Hill Road, Losee Road, Beechwood Circle/Brookhollow Court. The review of these requests indicates that the only areas that can be considered and forwarded to the State for their review would be Beechwood Circle/Brookhollow Court. The request for Widmer Road is being denied at this time as a speed radar check was conducted at the location and 85% of the people using the road were traveling at an average of 38 mph. Based on this analysis, the reduction of this road to a 30 mph zone would make approximately 60 to 65% of the users in violation. This is an unrealistic situation. In regard to Losee Road, we feel that the speed at critical locations should be controlled with warning signs with appropriate recommended speed handles so that the traveling public is aware of the conditions. This would be a more realistic approach to the control of speed on that road. Regarding Spook Hill Road, we find the conditions have not significantly changed since our last study, and the Town has not improved the warning signs as per our recommendations last January. In order to not create a biased opinion on this, I am forwarding this request to the State for their review, however, I cannot recommend a speed limit less than 40 mph and my comments to the State will indicate that recommendation. It appears that the Town of Wappinger is trying to reach a goal of establishing a Town-wide 30 mph speed zone which is a commendable effort, however, unless there is a substantial in- crease in the enforcement capabilities of the Town, the signs are being used erroneously and creating a condition wherein people using any road will not respect the sign because they are not enforced properfy. I fully realize the pressure that the Town Board has on its shoulders from constituents, how- ever, there is substantial background and data which supports the criteria we use in determin- ing the placement of speed zones on highways. ry truly rs, JS:r J MES SPRA T, P.E., Encl. mmissioner cc: Peter Anagnos - "An Equal Opportunity Employer" • Department of Transportation Division of Traffic Engineering and Safety State Campus 1220 Washington Avenue Albany, New York 12226 Gentlemen: - s The Town Board of the Town of _ WAPPZNGER _ _, by a, resolution adopted Auq. 4 , 19 78 , and the Count; Superintendent of Highways 'of the County of Dutchess , hereby request the Department of Transportation,. pursuant to Section. 1622.1 of the Vehicle and Traffic Law, to establish a lower maximum speed,at which vehicles may proceed on (This is. a recruest for a further reduction from'40 mph -E0__30.,mph} EL Town Highway . a between Old Hopewell Rd. (CR 28hnd :`' Myers Corners Rd. . (CR 93} Upon receipt of the notice that the regulation herein requested has been established, the Torn of kZaj�pinger will provide, install and maintain signs in accordance with the Vehicle and Traffic Law and conforming to the Manual of Uniform Traffic Control Devices of the Department of Transportation. Dated: —'August 17, 1978 'own Clerk Dated. �. County Superintendent Comments by County Superintendent: TE 9 (1168) DUTCHESS COUNTY CLERK'S RECORDING PAGE THIS PAGE IS PART OF THE INSTRUMENT-DO NOT REMOVE THERE IS NO FEE FOR THE RECORDING OF THIS PAGE ATTACH THIS SHEET TO THE FIRST PAGE OF EACH RECORDED INSTRUMENT ONLY y TYPE OR PRINT IN 13 LACK ONLY RECORD&RETURN TO: GRANTOR/MORTGAGOR iNarti e,Atldress&Zip) SHASHI DHAR MALAVIYA and r75 BERT P. ROBERTS, ESQ. SNEH LATA MALVIYA LLERT & CUTLER, P.C. =; WASHINGTON STREET TO UGHKEEPSIE, NY 12601 �. TOWN OF WAPPINGER GRANTEE/MORTGAGEE .r DO NOT WRITE BELOW THIS LINE F` RECEIVED FROM: eR4 CHECK ASH NO FEE S INSTRUMENT TYPE -z RECORDED IN: DEEP MORTGAGE ASSIGNMENT DISCHARGE OTHER: MORTGAGE TYPES: TAX DISTRICTS: .: 01 1-2 FAMILY 01 AMENIA 13 PLEASANT VALLEY 02 COMMERCIAL 02 BI=EKMAN 14 T/PQUGHKEEPS€E 03 1-6 DWELLINGS 03 CLINTON 15 RED HOOK 04 (E)CR UNINAT PER 04 DOVER 16 RHINEBECK 05 (NE)CR UN/NAT PER 05 EAST FISHKILL 17 STANFORD 06 CONDOMINIUM 06 FISHKILL 18 U VALE 07 HELD 07 HYDE PARK 19 WAPPINGER 08 NO TAX/SERIAL# 08 LAGRANGE 20 WASHINGTON 09 CORR/RE-REC/COL SEC 09 MILAN 10 NO TAX/NO SERIAL# 10 NORTH EAST 30 CITY OF BEACON 11 PAWLING 31 C/POUGHKEEPSiE DEED# 8_574_e� 12 PINE PLAINS 40 OTHER RECEIVED OR SUPPLEMENTAL MORTGAGE m INSTRUMENT $——— No. Examined b REAL EES'T�AATE� Roe.Fee No. TT#-- d s 7 Rec.Mgmt $5.00 Rec.Fee Serial No. TRANSFER TAX Ref. Examined B DUTCHESS Y Rec.Mgmt Amt.Advanced COUNTY $5.00 Total Examined 8y: Ref, Spec Add Tax Rec.Fee 16�- Total Total Tax Rec'd Rec.Mgmi $5.00 -teal jc�— Affidavit iiledY N 4'a67 FEE AESE IVE THIS FOR TIME STAMP � � � — #OF PAGES: DUTCHESS CO TY CLERK'S OFFICE �,^J �--� Dutches Couolty erk RECEI DON THE DAY OF , 195— . by. AT H /0 M. -.P—M. RECORDED IN BOOK No.—OF AT PAGE AND EXAMINED ` s _is CLERK ,..WILLIAM L. PAROL I, JR. Co.C-40R A 291 Standard N,Y,B,TX.Form S007 JULIUS BLUMBERG,INC.,LAW BLANK PUBLISHERS Bargain&sale deed,with e—ant against grantor's acts—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of ; nineteen hundred and ninety-two BETWEEN SHASHI DHAR MALAVIYA and SNEH LATA MALAVIYA, his wife 76 Losee Road, Wappingers Falls, NY 12590 04� party of the first part,and TOWN OF WAPPINGER, a municipal corporation with its principal place of business at 20 Middlebush M� Road, Wappingers Falls, New York 12590 w±i? 4:Fy party of the second part, WITNESSETH,that the parity of the first part,in consideration of -------------------ONE AND 00/100 ($1.00)--------------------- dollars, lawful money of the United States, actual consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the TOWN OF WAPPINGER, more particularly described in Schedule "A" attached hereto and made part hereof. From: Pine Clove Hollow Builders, Inc. 0. 045± Acre Parcel Town of Wappinger To: The Town of Wappinger Dutchess County, New York Beginning at a point, said point being at the northwest corner of Lot 4; No. ] as shown on a map entitled, "Subdivision Map of The Lands of Pine Clove Hollow Building", ' on file in the Dutchess County Clerks office as ` File Map No. 7743 , said point also being on the southerly line of lands '. now or formerly Engley, Liber 1429, Page 870 and said point also being r... on the easterly line of Losee Road; thence leaving said northwesterly corner and said easterly road line and running along the southerly line of said Engley, North 660 03 ' 00" East 20. 00 feet; thence leaving said southerly line of Engley and running through said Lot No. 1, South 070 "{ 17 ' 59" East 147.59 feet to a point being on the southerly line of said Lot No. 1, said point also being on the northerly line of Lot No. 2; thence running along said common line , South 580 20' 50" West 7. 80 `- feet to a point being at the southwesterly corner of Lot No. 1 and the northwesterly corner of Lot No. 2, said point also being on the ry aforementioned easterly line of Losee Road; thence leaving said common corner and running along the easterly line of said road, North 120 03 , 04" West 145.57 feet to the point of beginning containing 0. 0451- acres of land. This conveyance is made for the purposes of road construction. Paggi & Martin May 15, 1992 92-003 (12) SCHEDULE "A" 91 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: L Lx, 's-, SHASHI DHAR MALAVIYA SNEH LATA MAUAVTYA STATE OF NEW YORK, COUNTY OF DUTCHESS S59 STATE OF NEW YORK, COUNTY OF 5s: On the day of 19 92,before me On the day of 19 before me personally came SHASHI DHAR MALAVIYA and personally came SNEH LATA MALAVIYA to me known to be the individual S described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same, executed the same. NOTARY/PUBLIC STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK.COUNTY OF 95; On the day of 19 before me On the day of 19 4 before me personally Game personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation. that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora. execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. Aiargain anb *ate -Meeb SECTION WITH COVENArqT ACAV15T GRANToa's Aces BLOCK TITLE No. LOT SHASHI DHAR MALAVIYA and COUNTY OR TOWN SNEH LATA MALAVIYA TO TOWN OF WAPPINGER RETURN BY MAIL TO: ALBERT P. ROBERTS, ESQ. GELLERT & CUTLER, P.C. 75 WASHINGTON STREET POUGHNEEPSIE, NY Zip No, 12601 b4 DUTCHESS COUNTY CLERK'S RECORDING PAGE THIS PAGE IS PART OF THE INSTRUMENT-DO NOT REMOVE THERE IS NO FEE FOR THE RECORDING OF THIS PAGE A17ACH THIS SHEET TO THE FIRST PAGE OF EACH RECORDED INSTRUMENT ONLY e TYPE OR PRINT IN BLACK ONLY RECORD&RETURN TO: GRANTOR/MORTGAGOR (Name,Addy sS 7jp) CHESTER A. ENGLEY and ALBERT P. ROBERTS, ESQ. ALEJANDRA F. ENGLEY GELLERT & CUTLER, P.C. TO 75 WASHINGTON STREET p POUGHKEEPSIE NY 12601 TOWN OF WAPPINGER GRANTEE/MORTGAGEE DO NOT WRITE BELOW THIS LINE x RECEIVED FROM: 7 CHECK SH NO FEE INSTRUMENTTYP RECORDED IN: DEED MORTGAGE ASSIGNMENT DISCHARGE OTHER: MORTGAGE TYPES: TAX DISTRICTS: 01 1-2 FAMILY 01 AMENIA 13 PLEASANT VALLEY 02 COMMERCIAL 02 BEEKMAN 14 T/POUGHKEEPSIE 03 1-6 DWELLINGS 03 CLINTON 15 RED HOOK 04 (E)CR UN/NAT PER 04 DOVER 16 RHINEBECK 05 (NE)CR UN/NAT PER 05 EAST FISHKiLL 17 STANFORD 06 CONDOMINIUM 06 FISHKILL 18 U ON VALE 07 HELD 07 HYDE PARK 19 ZS—H—INGTON PPINGER 03 NO TAX/SERIAL# 08 LAGRANGE 20 09 CORR/RE-REC/COL SEC 09 MILAN 10 NO TAX/NO SERIAL# 10 NORTH EAST 30 CITY OF BEACON 11 PAWLING 31 C/POUGHKEEPSiE DEED# 101 12 PINE PLAINS 40 OTHER RECEIVED MORTGAGE OR SUPPLEMENTAL INSTRUMENT $—�--�� No. Examined b Rea Fee REA � TE No. �T . Rec.Mgmt $5.00 - Rec.Fee Serial.No. TRANSFER TAX Ref. Examined By: DUTCHESS Rec.Mgmt Amt.Advanced COUNTY $5.OQ Total Ref. Spec Add Tax Examined By�: TG� Rec.Fee� - Total Total Tax Rec'd Ree.Mgmt 5.00 Total / / Affidavit filedk—V N _��d FEE RMEHViE THIS FOR TIME STAMP �'�f� � ✓' #OF PAGES: S DUTCHESS COUNTY CLERK'S OFFICE Dutc .-s County Clerk RECEIVED ON THE ZZ DAY OF yl •, 19� F by- AT 'Y'/ M M. RECORDED INs.. -, BOOK Na. OF AT PAGE AND EXAMINED CLERK WILLIAM L. PAROLI, JR. CO.C-40R A 291 Standard N.Y.B.T.U_For.8007 JULIUS BLUMBERG•INC..LAW BLANK PUBLISHERS Bargatn&sale deed,with covenant against grantor's acts—Ind.or Corp. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of �DVL nineteen hundred and ninety-two BETWEEN CHESTER A. ENGLEY and ALEJANDRA F. ENGLEY, his wife 84 Losee Road, Wappingers Falls, New York 12590 Eparty of the first part,and IJ TOWN OF WAPPINGER, a municipal corporation with its principal place of business at 20 Middlebush Road, Wappingers Falls, New York 12590 party of the second part, z= WITNESSETH,that the patty of the first part, in consideration of---------------------------- ------------- -----ONE AND 00/100 ($1.00)----------------dollars, lawful money of the United States, actual consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the TOWN OF WAPPINGER, more particularly described in Schedule "A" attached hereto and made part hereof. From: Chester A. & Alejandra F. Engley 0.026-1- Acre Parcel Town of Wappinger To: The Town of Wappinger Dutchess County; New York Beginning at a point, said point being at the southwesterly corner of lands now or formerly Engley, Liber 1429, Page 870, said point also being in the approximate center line of Losee Road; thence leaving said %4 southwesterly corner and running along the approximate center Line of E';. Losee Road, North 200 030 00" East 107. 14 feet; thence leaving said road center line and running through said lands of Engley, South 060 12 ' 20" West 89. 14 feet to a point being on the northerly line of Lot No. 1 as shown on a map entitled, "Subdivision Map of the Lands of Pine Clove Hollow Building, " on file in the Dutchess County Clerks Office as x File Map No. 7743 ; thence running along said northerly lot line, South 5-1 660 03 ' 00" West 29. 65 feet to the point of beginning containing 0. 026± `- acres of land. This conveyance is made for the purposes of road construction. fi> s Paggi & Martin May 26, 1992 92-003 (12) SCHEDULE "A" TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns Of the party of the second part forever. AND the, party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been ineumbored in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: CHESTER A. ENGLEY ALEJANDRA F. EN( Y STATE OF NEW YORK, COUNTY OF DUTCHFSS SS., STATE OF NEW YORK, coumry OF SS' On the .q�Aday of Vove \lev— 19 92, before me On the day of 19 before me personally came Chester A. Engley and personally came Alejandra F. Engley to me known to be the individuals descriW in and who to me known to be the individual described in and who executed the foregoing strumen't,0and owledged that 'executed the foregoing instrument, and acknowledged that they executed the sa executed the same. AR UBLIC ]31 i.0 i FR .OTTO t. of ew yo Notary Publi , tate of Nm Y�,k NO,8244742 Qualified in Dulchass county CornmiSmn Expires February 28,19.�— STATE OF NEW PORK, COUNTY OF STATE OF NEW YORK,COUPM OFsss On the day of 19 before me On the day of 19 o before me personally came personally came r the subscribing witness to the foregoing instrument, with to me known, who, being by me duly sworn, did depose and say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said Corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 38argain au b bale ;Deeb SECTION WITH COVENANT AGAINST GRANToR7s ACTS BLOCK TITLE No. LOT CHESTER A. ENGLEY and COUNTY OR TOWN ALEJANDRA F. ENGLEY TO TOWN OF WAPPINGER RETURN BY MAIL TO: ALBERT P. ROBERTS, ESQ. GELLERT & CUTLER, P.C. 75 WASHINGTON STREET POUGHKEEPSIE, NY Zip No. 12601 q; O Yk O ti __j TOWN OF WAPPINGER SUPERINTENDENT SUPERVISOR GRAHAM FOSTER JOSEPH RUGGIE 0 TOWN COUNCIL WILLIAM H. BEALE. VINCENTBETTINA KAAURFFN McCARTHY HIGHWAY DEPARTMENT JOSEPH P. PACLON11 10 Highway Drive WAPPINGFRS FALLS, NY 12590 (845)297.9451 FAX:.(845) 298-0524 RECIEIVED January 24, 2008 Mr, John Cojor-aru FEB 0 12008 74 Losee Road TOWN CLERK Wappingers Falls, NY 12590 Dear Mr. Cojocaru: Thank you for your recent letter expressing your concerns of the drainage on Losee Road. In your letter, you stated that Losee Road was constructed according to Town specs. Losee Road is an old farm lane that over the years, has been widened and paved. A drainage system was installed many years ago, which is still functional but, in need of upgrading with a complete new system, which would cost hundreds of thousands of dollars. I have continued to monitor the drainage during recent storms and have not found any conditions, which would be dangerous to the traveling public. Also, I have not found any sign of the erosion of your driveway. I have however, witnessed a significant amount of water shedding off your driveway into the road, which does eventually get into the existing system. I will continue to monitor this drainage during future storms and report any issues to our Town Board as needed. Sincerely, Graham Foster, Superintendent Town of Wappinger Highway Dept. CCi Town Board Al Roberts Bob Gray 4 TOWN OF W"PINGER SUFERMTENDENT SUPERVISOR GRAHAM FOSTER 1 JOSEPH RUGGIERO TOWN COUNCIL WfLLIAM H. BEALE VINCENT BETTINA MAUREEN McCARTHY HIGHWAY DEPARTMENT JOSEPH P. PAOLONI 10 Highway Drive WAPPiNGERS FALLS, NY 12590 (845) 297-9461 FAX: (845)298-0524 EL) FEB 2 , 2001 FEBRUARY 20, 2007 TOWN CLERK TO: (-TO.V.V B 0 AAD -. _ ',0 JAY PAGGI AL ROBERTS FROM: GRAHAM FOSTER SUBJECT: JOHN COJOCARU, 74 LOSEE ROAD Today, I received the attached letter from Mr. John Cojocaru of 74 Losee Road, Since Mr. Cojocaru has built his home, he has complained many times about the drainage on Losee Road, in front of his home. Losee Road is a road by use and never built to any specs. Many years ago, a drainage system was installed to handle some of the storm water. Several years ago, Jay Paggi and I reported that this drainage system was still functional, but in need of upgrading with a complete new system, which would be very costly. At present, I don't feel we are causing damage to any homes and I disagree that we are eroding Mr. Cojocaru's driveway. Since Mr. Cojocaru has threatened legal action, we should discuss this problem in executive session, as soon as possible. C�-16-2007 00: 4e CONSERVATIVE PETROLEUM 3ISe964654 PAGE1 Attention to Town of Wa fingers Falls Highway Departrnent Graham Fostet Superintendent Fax 845-299-0524 Email Since out read was constructed according to the specs ol'the town, water Roam the rain has been ewding the base of my driveway. This is due in part to the fact that there is iao drainage From she town to the main road. The storm drainage system is very inel,'fective in that it still continues to erode the base of my driveway; when water levol": are high enough,,the potential for car accidents to exist in front ol`my souse incre4se exponentially. When 1 spoke to the highway department this problem was suppose to be alle-viatcd two yQars ago. Two years has passed and the water still continues to erode the base of my driveway. I would like rLmher communication with,the superintendent on how to fix this problem, however,Prompt action i,:preferred, and] ask that this problem is, delayed no longer. Delaying this problem aoy longer will only cause fitrther complications and I will seek justice through the court:.ystem if the town wishes to ignore this dilemma. Sir cercly, Jobn C:ojocaru VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLQTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 113E ROUTE.9 GERALDA.VERGILIS* WAPPINGERS FALLS,NEW YORK 12590 OIL COUNSEL: KENNETH M.STENGER (84S} 298-2000 IRA A.PERGAMENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS J.VIGLOTTI FAX(845)298-2942 AMY E.DECARLO JOAN F.GARRETT** THOMAS R,DAVIS e-mail:VSRP@BestWeb.net POUGHKEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN P.MACNISH 045)452-1046 KEVIN T.McDERMOTT PINE PLAINS OFFICE STEVEN K.PATTERSON JAY B,RENFRO 2990 CHURCH ST, P.O.Eax 21 *ADMITTED TO PRACTICE PINE PLAINS,NY 12567 IN NY&FLA. (518)398-9857 **ADMITTED TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:(}POUGHKEEPSIE O WAPPINGERS ( )PINE PLAINS VIA)FACSIMILE (297-0983) AND REGULAR MAIL August 16, 2004 Gardell Associates Land Surveying & Engineering, P,C. 102 Brothers Road Wappingers Falls, New York 12590 Attention: Eric W. Gardell, P.E., L.S. Re: Request for Connection by Cojocaru (74 Lossee Road) Tax Grid No. 6157-02-853807 File No. 12951.0725 Dear Eric: I am not sure what, if anything, my office is to do regarding the above. As I explained to you previously, it is now my interpretation that the Town Board will permit one water connection to this property. If the property owner wishes to further subdivide,water will have to be provided through wells for the additional lots. In order to confirm the Town's position in this regard, I will require an instrument in recordable form, signed by the property owner(s) to the effect that only one water connection will be permitted. Please a vise. Very t I yours, VER L S, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP T P. ROBERTS AP g 11VsrpO31Common\WappingerlTorvn Board\Water Connectians1081604.doe cc: Hon. Gloria Morse,Town Clerk Town Board File Joseph E. Paggi, Jr., P.E. 11Vsrp031Common\WappingerlTown BoardMater Connections1081604.doc VERGrus, STENGER, RouERTS, PER.GAMENT & VIGL®TTI,L,L.P ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A.VERGILIS* WAPPINGERS PALLS,NEW YORK 12590 OF COUNSEL: KENNETH M.STENGER (845) 298-2000 IRA A.PERGAMEENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS J.VIGLOT"TI FAX(845)298-2842 AMY E.DECARLO JOAN F.GARRETT** il B bt - THOMAS R.DAVIS e-mail:VSRPeestWe .ne POUGHKEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN P.MACNISH (845}452-I046 KEVIN T.MCDERMOTT STEVEN K.PATTERSON PINE PLAINS JAY B.RENFRO 2990 CHURCH H ST. 2T, P.O.BO 21 *ADMITTED TO PRACTICE - PINE PLAINS,NY 12567 IN NY&PLA, (518)398-9857 **ADMITTED TO PRACTICE IN NY&CONN. ADDRESS REPLY TO:( )PODUHKEEPSIE ( )WAPPINGERS ( )PINE PLAINS VIA FACSIMILE (297-0983) AND REGULAR MAIL July 14, 2004 Gardell Associates Land Surveying& Engineering, P.C. 102 Brothers Road Wappingers Falls, New York 12590 Attention: Eric W. Gardell; P.E., L.S. Re: Request for Connection by Cojocaru (74 Lossee Road) Tax Grid No. 6157-02-853807 File No. 12951.0725 Dear Eric: After our telephone conversation last week, I went to Town Hall and listened to the tape recording of the minutes of June 14, 2004. To be sure, the first part of the meeting suggested that the Town Board would only grant a water hook-up if there was no further subdivision of the property. However, as the conversation continued, the Town Board's intentions became less clear. To make matters worse, the recording of the conversation was garbled making it very difficult to understand the conversation. I asked Deputy Town Clerk, Florence Hannon, to try to type up the last portion of the conversation. Attached is a copy of this draft. As I now read the minutes, it does appear that the Town Board would grant one connection provided the tenancy agreement limited this parcel to one connection. It further appears that the matter was to be addressed again by the Town Board. The next Town Board Meeting is July 26, 2004 if you I t the matter presented again. h 8 WED JUL- 20M TOWN CLERK I1Vsip031Common\Wappinger\Town Board\Water Connections1071404-EG.doc Please advise. Very truly yours, VERGICIS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI, LLP kR1. ROBERTS APRIbg cc: Hon. Joseph Ruggiero, Supervisor Hon. Gloria Morse, Town Cleric Town Board File Tatiana Lukianoff, Zoning Administrator George Kolb, Building Inspector I\Vsrp031Common\Wappinger\Town Board\Water Connections1071404-EG.doc 09--2004 FRI 09:39 Ali WAPP, TOWN-OI.ERK 8452981478 P. .0 4 4 w Losee Road Water Request Hook-up Minutes June 14, 2004 Al Roberts asked Eric Gardell,would they be willing to restrict further subdivision? Eric Gardell said, he could not speak for the owners, he would have to ask thew. Eric said he thought it was possible you could get one more building site on that lot. Its steep and rocky and its not something you could put four or five homes. Jay Paggi said unless you put this in a tenancy agreement, that this is only for one parcel and one parcel only. Al said, we have the right to determine the conditions under which they will connect. Robert felt that we should table any decisions right now. Eric wished to Brow how soon the board would decide, because the owner is in he process of building right now. ,Robert said:if this lot were in dire straits and people petitioned that that did not have water, we would help. However further down the road if people.don't have water we have to mare sure we provide . those on a priority basis before we entertain people who could have potable water. Joe Paoloni said, if you said you were not going to subdivide, that would certainly go a long way, Your point of view is,you are going to be in a water district anyway, Sao why spend the money now and dig a well now. Mike Tramper said, you have to remember if they drill a well it could affect the water table in the existing homes and make them have to hook in. It is not unusual if they go deeper than their neighbors where they could affect some one else's. Robert Valdati said for the record he could provide one as a tenant. Maureen, McCarthy said ,she would have no problem with the stipulation that its for"one." Eric Gardell said, "that could be easily done, because they did not have any plans to do anything with that property now," Eric said he would talk to the owner tomorrow. He could not make a commitment. Al Roberts said if Eric could get the commitment he could be on the agenda for 2$th of June, PAGGII MARTIN DEL BENELLP. CONSULTING + 1 ORS 56 MAIN STREET • 1 Memo Too Hon.Graham Foster,Highway Superintendent !llA FAX cc: Hon.Joseph Ruggiero Town Board Hon.Gloria Morse Frmrm Charles R. ®el Bene,Jr.,P.E. DabK March 5,2003 Re: March Property,21 Losee Road 1 Wappinger Falls Toyota • In regard to the March water problem at 21 Losee Road, we have reviewed the daily reports and the Inspector's log and have found no reference of an existing drain pipe from the March property to the east side of Losee Road. Our Inspector on that job is currently on vacation and when he retums later this month, we will ask him if he recalls any drainage pipes which may have been accidentally dug up. • At Wappinger Falls Toyota, I inspected the area where their sewer lateral was installed adjacent to Old Route 9. Where the sewer lateral makes its last bend prior to connecting at Old Route 9, it appears that groundwater is bubbling up to the surface and flowing toward the Optimum Windows property. There exists a small steady flow of water towards Optimum Window, which runs under the existing dumpster and inundates the driveway and eventually flows to the roadside gutter. I have taken pictures of the icing conditions of the entire driveway and roadside swale. The owner of Wappinger Falls Toyota could eliminate the runoff to the Optimum Windows property with the installation of a berm at the edge of his property. However, this would carry the water out to the roadside Swale along Old Route 9, which may cause an unsafe situation If the roadside Swale freezes up. Please let me know your opinion on this matter. Thank you. Charles R. Del Bene,Jr., P. CRE?:law U, MAR `� 0 TOWN CLERK 0 Page 1 PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) April 7, 2004 Town Board Town of Wappinger P.O. Box 324 . -SVE' Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero Reference: Charles March/21 Losee Road Damage Claim Dear Supervisor Ruggiero &Board Members: In May of 2002, Charles March of 21 Losee Road contacted the Town regarding water entering his basement, which he felt was a result of the blasting for the sanitary sewer installation of Phase 3A, Contract No. 3. We advised Grant Street Construction of this problem and asked that it be turned over to the Blaster's insurance company. In August 2002, this office compiled all of our records, contract drawings, daily reports, inspector's field books, and supplied this information to the Selective Insurance Company, the insurance carrier for PRK Drilling. Subsequent to Mr. March's claim of the blasting causing his flooding problem, MT. March obtained the services of Badey& Watson, Surveying &Engineering, P.C.,to conduct an investigation into the flooding problem. Upon completion of their investigation, a report dated April 3 oth, 2003 was forwarded to Charles March. The subsurface investigations found a 4" diameter pipe connected to the sump in the basement of the March residence. The pipe drains in a southeasterly direction toward Losee Road. This connection was confirmed by introducing dye into the sump and adding water from a garden house. The dye appeared in the excavated test pit where the drain line was first found. A metal snake was then inserted through the drain line and pushed in a southerly direction toward Losee Road. The snake encountered an obstruction approximately 69' from where this snake was inserted. This distance coincides with the location of the lateral for 19 Losee Road, The report concludes that during the installation of the sewer lateral for 19 Losee Road, the drain line was disturbed and now prohibits free discharge of this drain line. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,RE.,L.S. Charles R.Del Bene,Jr.,RE. Hon, Joseph Ruggiero - 2 - April 7, 2004 RE: March121 Losee Road During the lateral installation, no one from Grant Street Construction or our office saw the drain pipe. It is possible that we missed seeing the pipe. Also, we do not know how well the pipe was working prior to the sewer construction. . In reviewing the results in the report, we believe that blasting was not the cause of the flooding problem in the March's basement as was first claimed by Mr. March. It would be our recommendation to have Grant Street Construction come in with a backhoe and excavate near the lateral for 19 Losee Road to find the drain line and make any necessary repairs if found to be damaged by the installation of the sewer lateral. Obviously, all of this work would be conducted within the Town right-of- way. We believe this work could be accomplished within an S hour time frame with a backhoe, operator and laborer. Please advise this office as to how the Town wishes to proceed in this matter. If you have any questions or concerns,please do not hesitate to contact this office. V� ly urs, I Charles R. Del Bene, J/.r E. CRD.law cc: Han. Gloria Morse Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. 04/28/2004 .09:33 8454710905 PAGGI MARTIN DELBENE PAGE 91 56 MAIN STREET Memo Tor David Compagni,Grant Strout ConstruCUm 1 A FAX CC,. Finn.Joseph Ruggloro,Supervisor Tom 13oard: File Lion.Gloria Morse Hon,Graham Faster Albert P.Roberts,Esq. Michael Tremper From Charles R.Del Bone,Jr.,I .E. Dmw April 28,2004 Rim Charles MarCW21 Lom Road Please be advised that the Town Board at their April 2&, 2004 meeting autharkmd the lnesto"! rdpalr of an existing drain line from the March Property in ft vicinity of the sewer Wral for 19 Lowe Road. Therefore,we would please ask that you scule this work. "hank you for your cooperation and asaiist os In ft matter, Charles R.Del Gene,Jr.,P l CRD:Iaw APR 2 2004 0 Page 1 Losee Road. Water Request Hook-up Minutes June 14, 2004 Al Roberts asked Eric Gardell, would they be willing to restrict further subdivision? Eric Gardell said, he could not speak for the owners, he would have to ask them. Eric said he thought it was possible you could get one more building site on that lot. Its steep and rocky and its not something you could put four or five homes. Jay Paggi said unless you put this in a tenancy agreement, that this is only for one parcel and one parcel only. Al said, we have the right to determine the conditions under which they will connect. Robert felt that we should table any decisions right now. Eric washed to know how soon the board would decide, because the owner is in he process of building right now. Robert said if this lot were in dire straits and people petitioned that that did not have water, we would help. However further down the road if people don't have water we have to make sure we provide those on a priority basis before we entertain people who could have potable water. Joe Paoloni said, if you said you were not going to subdivide, that would certainly go a long way. Your point of view is, you are going to be in a water district anyway, so why spend the money now and dig a well now. Mike Tremper said, you have to remember if they drill a well it could affect the water table in the existing homes and make them have to hook in. It is not unusual if they go deeper than their neighbors where they could affect some one else's. Robert Valdati said for the record he could provide one as a tenant. Maureen McCarthy said she would have no problem with the stipulation that its for "one." Eric Gardell said, "that could be easily done, because they did not have any plans to do anything with that property now." Eric said he would talk to the owner tomorrow. He could not make a commitment. Al Roberts said if Eric could get the commitment he could be on the agenda for 28tb of June. i i GARDELL ASSOCIATES LAND SURVEYING &ENGINEERING, E.C. Eric W.Gardell,RE,L.L.S. Janet S.Gardell,L.L.S. 102 Brothers Road,Wappingers Falls,NY 12590 phone(B45}297-2fi07 fax(895)297-0983 emafl eigudellvoptonline.net March 19,2004 Mr. Joseph Ruggiero, Supervisor Wappinger Town HallREC P.©, Box 324 Wappingers Falls, NY 12590 ; , Re- Tax parcel 6157-02-853807 74 Losee Road TOWN (' : E, Dear Mr. Ruggiero- Lam in the process of preparing a plot plan for a single family house for my client, John Cojoaru, the owner of the above referenced parcel. It is my understanding that this parcel is not in a water district and that access to the water main is only granted-on an individual basis. In light of the reports of failed wells and poluted wells in the area and of wells which produce an unsatisfactory quality and quantity of water, I am requesting permission for my client to access the water main in Losee Road to provide water for this single family residence. I am enclosing a copy of my survey map which.shows the proposed house, Please contact me if any additional information is required. Very tr y yours, rr Eric W, Gardell E WG/jsg Enclosure cc: Mr& Mrs. John Cojoaru 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 (g45) 298 2000 IRA A.PERGAMENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS J,VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOANF.GARRETT** THOMAS R.DAVIS e-mail:VSRP@BestWeb.net POi1G14KEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN P.MACNISH (845)452-1046 KEVIN T.McDERMOTT PINE PLAINS OFFICE STEVEN K,PATTERSON f 2490 PLAINS O FI JAY B.RENFRO ��� J , ST P.O.BOX 21 *ADMITTED To PRACTICE � PINE PLAINS,NY 12567 IN NY&PLA. ® (518)398-9857 "*ADMITTED TO PRACTICE �y IN NY&CONN. ��, ADDRESS REPLY TO:( )POUGHKEEPSIE MRS ( )PINE PLAINS July 2, 2004 Eric W. Gardell, P.E., L.S. 102 Brothers Road Wappingers Falls, NY 12590 Re; Request for Connection by Cojocaru (Lossee.Road) File No. 12951.0725 Dear Eric: In connection with Mr. Cojocaru's request to connect to the Town's water system on Lossee Road, I aryl enclosing herewith a copy of the June 14, 2004 Town Board minutes at which time, this matter was discussed, You will note that the Town requested a confirmation that there would be only one home built on this property. I am enclosing an affidavit signed by your client which indicates that no additional requests for water from the Town system would be requested. The affidavit does not adhere to the condition imposed by the Town Board. Furthermore, and assuming your client agrees to no further subdivision of this property as a condition to receiving water, the prohibition against further subdivision would have to take the form of a Declaration of Covenants and Restrictions. To accomplish that I would need a title certification and a Declaration of Covenants and Restrictions prepared by an attorney in the form required to be recorded in the Dutchess County Clerk's Office. In addition to the Declaration, a TP-584 will be required. Until a Declaration has been recorded in the Dutchess County Clerk's Office,no permission to connect to the Town's water system can be granted. 11Vsrp031CommonlWappinger\Town BoardlWater Connections1070204-EG.doc Very trul�' urs, VERG L , TENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP B P. ROBERTS APRIbg cc: Hon. Gloria Morse, Town Clerk Town Board File Tatiana Lukianoff, Zoning Administrator George Kolb, Building Inspector 11Vsip031Comnion\WappingerlTown Board\Water Connections1070204-EG.doc +�J1SiJ2iJQ�&.WS A Meeting of the Tovm Board of the Town of Wappinger was held on dune 14, 2004 at tho Town Heal,20 Mrddlebush Rona,Wappingo rp.Palls,New York, Supervisor Ruggiero epeAed the meeting at 6:40 p.rrs. ,Present: Robert Valdati, Councilman Maureen McCarthy,Counailwoznaa Joseph Paoloui, Councilman Gloria J,Morse,To"Clary Others Present: Jay Nggi,En&eor to the Town Al Roberts,Attorney to the Town Absent: Sosoph Ruggiero,Supervisor Vincent Battina, councilnian SUSPENSION OF R S FOR PUBLIC C0X5WM ON AtENI)A ITEMS. Counoilwoman McCarthy moved to suspand the Rules for Publio Comment on agenda items,seconded by Councilman Valdati And unanimously carried. • Public Hearing far MacFarlane Road Stop Sign. • public Hearing for Extera&4 of the Fleetwood 1Wat6r District Public hearing for Fee Schedule DISCUSSION: o Highway Track-Memo from Graham Foster. Mr,Fastar explained that when they began work on truck#12 to replace the clutch,tray noticed that the ilrawall and floor of the cab wvaa completed rusted out. They have been hying to locate a replacement cab without success, The truck,is a 1987 International that vas originally scheduled for replacement in 2002,but due to budget constraints was not replaced The estimated cost to replace the truvl3 would be$90Xand there is no money in his budget. Aft.Foster would like permission to go to bid for A replacoanent for truck#12 as 000n ae possible. Mr.'V'aldati requested Mr.Poster to send his data to the Comptroller so he can prepare figures for the meeting of the 28+h. At this time Mr.Foster requested the Town Board to allow him to go to bid, which would allow him to get part of the prooess done,and by the next meeting he would have a figure for the board to consider. Councilmst'a Valdati moved to allow Mr.Foster to go Out to Rid for the Highway Truck at this time,seconded by Councilwoman McCarthy and Unanimously carried. i QW194/9004.WS • 74 Usee Road Water Connection, Eric Gardell of Garrdell AoeociAtob Engineering explained that he is in the proaeas of preparing a plot plan for a single fWWly home for his cliant at the above address. He understands this parcel is not in m water district and access to the water main is only granted on an uadivfdual basis. In light of the reports of failed walls and polluted wells in the area and wells which Produce unaatisi'aotory quality and quantity of water,he is requesting permispion for his client to access the water main on.Losee Road to provide water for this atugle family residence. The Board explained that water is prioritized to,people in the district who are experiencing problems with their water. Discussion followed. The Board explained that before they can grant tenancy to the town winter,they needed a oomraitment Earns the owner of 74.Lose®Road that aasly one he _bs built on the property. Ritter/Mar W r Proposal. Due to the poor quality of the well water supplying the Heart Acura site, Mr.Marsh of heart Acura has requested that the Heart Acura site Vacated at 1271 Route$, Wappingers Falls,be granted permission to connect to Town owned water. W.Kush was inforined by Mark Ritter of North Ammican Nome Equities,the proposed developer of the property to the immediate north cf Heart Acura,that his alto is within this Town sewer system but not in the mown water ayotara anti Mr.Mttor has requested connection to the Town water system. If both of their . requests are granted,then the Heart Acura site can be connected to the water and sewer lines through the hitter parcel. All the coats would be assumed by the two new residents of the district. Discussion followed, Councilman Valdati moved to authorize Jay Paggi,Engineer to the Town to amend the Map,Plan.and report for Wappinger Park to allow these two businesses to be part of that district,seconded by Counailwoman McCarthy &Ad'snanimoualy carried. RESOLUTION NO.2004106 RMOLUTION AMMORIMO CHANGE ORID91%No,I FOR >PROPOSR111)'WAIVINGER PARK WATER IMPROVMMT CONTRACT 07-008(86) The following Resolution was introduced by Councilwoman McCarthy and seconded by Clouncilanan Valdati. WH>aURA5,the Engineers to the Town,Paggi,Martin&DelBonne have approved Completion Change Order No. 1 for Wappiuger Water 2 Mr. Joseph Ruggiero,Supervisor Wappinger Town Mall RE: BP#2004-0474 P.O. Box$24 SITE: 74 LOSEE RD, WAPP FLS,NY 12590 Wappingers Falls, NY 12590 GRM:#6157-02-853807-0000 Dear Mr.Ruggeri The Town of Wappingex Town boards m mponse to my request for pex ulmon to correct to the odsting water main in Losee Road,rusted that I stipulate tw I will not request additional water comections. I will matte no additiond requast for water connections for this property. Siped by: &/ 3o&Oojocaiu (dated) MAILYNG ADDRESS: 249 HOBBY HOLLOW ROAD MARIA CILDR� SOTJTH XORTRIGHT,NY 13842 P��l�e,Sate of 3 Irml� N CG ".`"�3 C�� ruraissed a Q1i3t3087d $ . uSchP�s iart Expire&Nov 3, , TOTAL P.02 Losee Road Water Request Hookup Minutes June 14, 2004 Al Roberts asked Eric Gardell, would they be willing to restrict further subdivision? Eric Gardell said, he could not speak for the owners, he would have to ask them. Eric said he thought it was possible you could get one more building site on that lot. Its steep and rocky and its not something you could put four or five homes. Jay Paggi said unless you put this in a tenancy agreement, that this is only for one parcel and one parcel only. Al said, we have the right to determine the conditions under which they will connect. Robert felt that we should table any decisions right now. Eric wished to know how soon the board would decide, because the owner is in he process of building right now. Robert said if this lot were in dire straits and people petitioned that that did not have water, we would help. However further down the road if people don't have water we have to make sure we provide those on a priority basis before we entertain people who could have potable water. Joe Paoloni said, if you said you were not going to subdivide, that would certainly go a long way. Your point of view is, you are going to be in a water district anyway, so why spend the money now and dig a well now. Mike Tremper said, you have to remember if they drill a well it could affect the water table in the existing homes and make them have to hook in. It is not unusual if they go deeper than their neighbors where they could affect some one else's. Robert Valdati said for the record he could provide one as a tenant. Maureen McCarthy said she would have no problem with the stipulation that its for "one." Eric Gardell said, "that could be easily done, because they did not have any plans to do anything with that property now." Eric said he would talk to the owner tomorrow. He could not make a commitment. Al Roberts said if Eric could get the commitment he could be on the agenda for 28th of June. GARDELL ASSOCIATES LAND SURVEYING & ENGINEERING, P.C. r Eric W.Gardell,RE,L.L.S, Janet.S.Garden,L,L,S. 102 Brothers Road,Wappingers Falls,NY M90 phone{B45f 297-26Q7 fair(845)297-0983 email e ardell!o tonline,net March 1.9, 2004 Mr, Joseph Ruggiero, Supervisor appinger Town HallR!EKE P.O. Box 324 Wappingers Falls, NY 12590 " Re: Tax parcel 61.57-02-853807 74 Losee Road Dear Mr. Ruggiero: I am in the process of preparing a plot plan for a single family house for my client, John Cojoaru, the owner of the above referenced parcel. It is my understanding that this parcel is not in a water district and that access to the water main is only granted on an individual basis. In light of the reports of failed wells and poluted wells in the area and of wells which produce an unsatisfactory quality and quantity of water, I am requesting permission for my client to access the water main in Losee Road to provide water for this single family residence. I am enclosing a copy of my survey'map which shows the proposed house. Please contact me if any additional information is required. Very tr y yours, Eric W. Gardell E WGJ jsg Enclosure CC: Mr & Mrs. John Gojoaru FORM 532X Cl�.t oath Li,�n G--t(F.,). , TUTSLANX f 1917,C ap.CAS. I,83W.t-Y F'.,n Al Ch.p,C,27 La-of 1032) TWe La 4�jro '1ki,de the 17 th day of "I'lugust Xineteen, 11u.ndred and Sixty Four Between RABILT, INC. a corporation. orglanIzed under ffie latvs of the State of New York, and having its principal office at 9 Miller Road, Poughkeepsie, New York, P(",7 tU of the ,tarsi a and rt, TOWN OF WAPPINGER, a Municipal Corporation having its principal office at Wappingers Falls, Dutchess County, New York, ill 'll II part y of the seeond part, Wit,le ss e fl, I A ct,- t h e, part, IJ?,e rs t Pa r I-i,n c ons We ru i 1 o; of ONL----------------------4)ollar 1.00 actual consideration paid by the pai-ty of the sed,,ond. part, does herel)y 4prac nt and release, unto the Part y of the,second part, its successors and u8silns forever, §t4jx a right of way or easement for the purpose of constructing, maintaining, operating, repairing, replacing or removing a drainage system with appurtenances for the purpose of discharging surface and ground water through, over, under and across the following described premises in the Town of Wappinger, Dutchess County, New York- The northerly ten (10) feet of Lot No. 3, on a certain sub-division plan entitled "Property of Harry Raker" which map was filed in the Dutchess County Clerk's Office On June 3, 1964 as Map No. 3214, and the southerly ten (10) feet of Lot No. 4 on a certain sub-division plan entitled "Property of Harry Raker" which map was filed in the Dutchess County Clerk's Office on June 3, 1964 as Map No. 3214. TOOrTHEJR with the right to clean out and maintain the flow of such surface and ground waters. This right of way and easement shall at all times be deemed to be and shall be a continuing covenant running with the land and shall be binding upon the successors and assigns of the party of the first part. In the event the party of the second part, its successors and assigns enter upon the land herein described to construct, maintain, operate, repair, replace or remove the aforementioned drain, then in that event the party of the second part, at its own proper cost and i expense and without any cost to the parties of the first part, its successors and assigns, shall restore the land to the same condition as it was prior to such entry. Dutchess County Clerk's Office OR ��,kjppj_CMENTAL Received on day D E E 1) �WMENT �lat ZL_ _H A. Recorded in Book C 1�,Rf ru at page.,...3 and examined PAC,E i3v L • FREDERIC A. SMITH, CLERK " ) STA WS �X IND C - r) , &44 GV1 ,Ctz- 32D 3 Togeahes with the appwr°ten anees and all the estate and rights of the pram, of the first part in and to said promises, To have and to hold the premises viea°eiFa granted unto the part y :,a%e second port, its successors v and aosi&,ns r orever, i I A d the, p a � e 6 a°s ���a c�azs�a�. is cs Fire, That the partr� of the pfirs-1 part is 88i of said in pep si7nple, ang has �>�oe� r���t � convey t�� saga o° Second. That the part y of. the part sh ail quietly eaa� 1E the sr id pr'err.isesa Third, That tine s€aio-premises ar°e free fTo-,—n imr�u-�,€r ran ces, excerpt as Ii©.Lean 7' before set forth. i F(Durta, That the party of the flirst part will ex'ecvte or procure rFecesscar ass ,r'an,ee of thu title to said area uis s' � LnirEr9` .t tFe perqu of tree -fi rst part, is&ll &,-OveP �arrant the tii -o said Sixth, Thaia !n Corraptiarzce with See, 15 of tke Lien Law, he sparwtor a€vii receive the co7,�sidertation for this conveyance aria will hold the right to receive saecs� consideration,as a trust fa.nd to be applied first for the purpose of pay ,fd the ost 01f k the imp rove rraerza aPid will apply the sca-,w first to the payment of the cost of the I irraprove7nent before usiaa-any part oy°the total of the san,�,efor•any other'pivrposc-. II tb lore lies•blrpl• I .1, In Witness ""Thereof', the E C% �,.,.. party of rf,e firs! part has caused its corporate � r sea t€a E ia.e�ers to � .red, and these, prese. t bnl :r to be signed by its d ly =th€o ized oflcer° t g F this 17th day, ©, August � fit eke xiF�efceF� Wr&d,r�ed aria Sixty four `, ,. 4 RABILT. INC. j resident Fj State of New yorL On th'is 17th day o/' August 5 County of Dutchess Xirzeteexa _-�y---nar°ew and :sixty'Four ?Pit.b-e 7-te per'907"all y eaalw'e V HARRY PU M R ! 11 9; to me personally known, who, beira'_5f by rye daly. sworn, dies depose and say tart he resides in Poughkeepsie, New York that e,, is 1 tke President of RABIMP, INC. the corporation described in, and which executed, tee watr'r, t tat he {i{ knows the seal of said: Corjr?orati•on that tke- seas of xed to said 1,csta`umera-t is 1 I - such tiorprrarte seat; tl?,at it was so a ,�L,'xed by ordler of too Board oy D"rectors of said Corporatio r, and that he- sildned his,..-Came thereto by lai-0e oa' e,x^. 'I I Notary Pub is Du ess County MERRILL S.EFFROV 1i Ne5ary Public of N.w Yor-States 44 Residing in Dutchess County it Commission Expires March 3U,1 I I i I I I a w Z a g m � lltia N I M G1 III Z lily 4li. fi I I LL i E j I� 1 I{I FORM 532X Cl�.t oath Li,�n G--t(F.,). , TUTSLANX f 1917,C ap.CAS. I,83W.t-Y F'.,n Al Ch.p,C,27 La-of 1032) TWe La 4�jro '1ki,de the 17 th day of "I'lugust Xineteen, 11u.ndred and Sixty Four Between RABILT, INC. a corporation. orglanIzed under ffie latvs of the State of New York, and having its principal office at 9 Miller Road, Poughkeepsie, New York, P(",7 tU of the ,tarsi a and rt, TOWN OF WAPPINGER, a Municipal Corporation having its principal office at Wappingers Falls, Dutchess County, New York, ill 'll II part y of the seeond part, Wit,le ss e fl, I A ct,- t h e, part, IJ?,e rs t Pa r I-i,n c ons We ru i 1 o; of ONL----------------------4)ollar 1.00 actual consideration paid by the pai-ty of the sed,,ond. part, does herel)y 4prac nt and release, unto the Part y of the,second part, its successors and u8silns forever, §t4jx a right of way or easement for the purpose of constructing, maintaining, operating, repairing, replacing or removing a drainage system with appurtenances for the purpose of discharging surface and ground water through, over, under and across the following described premises in the Town of Wappinger, Dutchess County, New York- The northerly ten (10) feet of Lot No. 3, on a certain sub-division plan entitled "Property of Harry Raker" which map was filed in the Dutchess County Clerk's Office On June 3, 1964 as Map No. 3214, and the southerly ten (10) feet of Lot No. 4 on a certain sub-division plan entitled "Property of Harry Raker" which map was filed in the Dutchess County Clerk's Office on June 3, 1964 as Map No. 3214. TOOrTHEJR with the right to clean out and maintain the flow of such surface and ground waters. This right of way and easement shall at all times be deemed to be and shall be a continuing covenant running with the land and shall be binding upon the successors and assigns of the party of the first part. In the event the party of the second part, its successors and assigns enter upon the land herein described to construct, maintain, operate, repair, replace or remove the aforementioned drain, then in that event the party of the second part, at its own proper cost and i expense and without any cost to the parties of the first part, its successors and assigns, shall restore the land to the same condition as it was prior to such entry. Dutchess County Clerk's Office OR ��,kjppj_CMENTAL Received on day D E E 1) �WMENT �lat ZL_ _H A. Recorded in Book C 1�,Rf ru at page.,...3 and examined PAC,E i3v L • FREDERIC A. SMITH, CLERK " ) STA WS �X IND C - r) , &44 GV1 ,Ctz- 32D 3 Togeahes with the appwr°ten anees and all the estate and rights of the pram, of the first part in and to said promises, To have and to hold the premises viea°eiFa granted unto the part y :,a%e second port, its successors v and aosi&,ns r orever, i I A d the, p a � e 6 a°s ���a c�azs�a�. is cs Fire, That the partr� of the pfirs-1 part is 88i of said in pep si7nple, ang has �>�oe� r���t � convey t�� saga o° Second. That the part y of. the part sh ail quietly eaa� 1E the sr id pr'err.isesa Third, That tine s€aio-premises ar°e free fTo-,—n imr�u-�,€r ran ces, excerpt as Ii©.Lean 7' before set forth. i F(Durta, That the party of the flirst part will ex'ecvte or procure rFecesscar ass ,r'an,ee of thu title to said area uis s' � LnirEr9` .t tFe perqu of tree -fi rst part, is&ll &,-OveP �arrant the tii -o said Sixth, Thaia !n Corraptiarzce with See, 15 of tke Lien Law, he sparwtor a€vii receive the co7,�sidertation for this conveyance aria will hold the right to receive saecs� consideration,as a trust fa.nd to be applied first for the purpose of pay ,fd the ost 01f k the imp rove rraerza aPid will apply the sca-,w first to the payment of the cost of the I irraprove7nent before usiaa-any part oy°the total of the san,�,efor•any other'pivrposc-. II tb lore lies•blrpl• I .1, In Witness ""Thereof', the E C% �,.,.. party of rf,e firs! part has caused its corporate � r sea t€a E ia.e�ers to � .red, and these, prese. t bnl :r to be signed by its d ly =th€o ized oflcer° t g F this 17th day, ©, August � fit eke xiF�efceF� Wr&d,r�ed aria Sixty four `, ,. 4 RABILT. INC. j resident Fj State of New yorL On th'is 17th day o/' August 5 County of Dutchess Xirzeteexa _-�y---nar°ew and :sixty'Four ?Pit.b-e 7-te per'907"all y eaalw'e V HARRY PU M R ! 11 9; to me personally known, who, beira'_5f by rye daly. sworn, dies depose and say tart he resides in Poughkeepsie, New York that e,, is 1 tke President of RABIMP, INC. the corporation described in, and which executed, tee watr'r, t tat he {i{ knows the seal of said: Corjr?orati•on that tke- seas of xed to said 1,csta`umera-t is 1 I - such tiorprrarte seat; tl?,at it was so a ,�L,'xed by ordler of too Board oy D"rectors of said Corporatio r, and that he- sildned his,..-Came thereto by lai-0e oa' e,x^. 'I I Notary Pub is Du ess County MERRILL S.EFFROV 1i Ne5ary Public of N.w Yor-States 44 Residing in Dutchess County it Commission Expires March 3U,1 I I i I I I a w Z a g m � lltia N I M G1 III Z lily 4li. fi I I LL i E j I� 1 I{I PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) April 7, 2004 Town Board Town of Wappinger P.O. Box 324 . -SVE' Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero Reference: Charles March/21 Losee Road Damage Claim Dear Supervisor Ruggiero &Board Members: In May of 2002, Charles March of 21 Losee Road contacted the Town regarding water entering his basement, which he felt was a result of the blasting for the sanitary sewer installation of Phase 3A, Contract No. 3. We advised Grant Street Construction of this problem and asked that it be turned over to the Blaster's insurance company. In August 2002, this office compiled all of our records, contract drawings, daily reports, inspector's field books, and supplied this information to the Selective Insurance Company, the insurance carrier for PRK Drilling. Subsequent to Mr. March's claim of the blasting causing his flooding problem, MT. March obtained the services of Badey& Watson, Surveying &Engineering, P.C.,to conduct an investigation into the flooding problem. Upon completion of their investigation, a report dated April 3 oth, 2003 was forwarded to Charles March. The subsurface investigations found a 4" diameter pipe connected to the sump in the basement of the March residence. The pipe drains in a southeasterly direction toward Losee Road. This connection was confirmed by introducing dye into the sump and adding water from a garden house. The dye appeared in the excavated test pit where the drain line was first found. A metal snake was then inserted through the drain line and pushed in a southerly direction toward Losee Road. The snake encountered an obstruction approximately 69' from where this snake was inserted. This distance coincides with the location of the lateral for 19 Losee Road, The report concludes that during the installation of the sewer lateral for 19 Losee Road, the drain line was disturbed and now prohibits free discharge of this drain line. Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,RE.,L.S. Charles R.Del Bene,Jr.,RE. Hon, Joseph Ruggiero - 2 - April 7, 2004 RE: March121 Losee Road During the lateral installation, no one from Grant Street Construction or our office saw the drain pipe. It is possible that we missed seeing the pipe. Also, we do not know how well the pipe was working prior to the sewer construction. . In reviewing the results in the report, we believe that blasting was not the cause of the flooding problem in the March's basement as was first claimed by Mr. March. It would be our recommendation to have Grant Street Construction come in with a backhoe and excavate near the lateral for 19 Losee Road to find the drain line and make any necessary repairs if found to be damaged by the installation of the sewer lateral. Obviously, all of this work would be conducted within the Town right-of- way. We believe this work could be accomplished within an S hour time frame with a backhoe, operator and laborer. Please advise this office as to how the Town wishes to proceed in this matter. If you have any questions or concerns,please do not hesitate to contact this office. V� ly urs, I Charles R. Del Bene, J/.r E. CRD.law cc: Han. Gloria Morse Town Board: File Hon. Graham Foster Albert P. Roberts, Esq. 04/28/2004 .09:33 8454710905 PAGGI MARTIN DELBENE PAGE 91 56 MAIN STREET Memo Tor David Compagni,Grant Strout ConstruCUm 1 A FAX CC,. Finn.Joseph Ruggloro,Supervisor Tom 13oard: File Lion.Gloria Morse Hon,Graham Faster Albert P.Roberts,Esq. Michael Tremper From Charles R.Del Bone,Jr.,I .E. Dmw April 28,2004 Rim Charles MarCW21 Lom Road Please be advised that the Town Board at their April 2&, 2004 meeting autharkmd the lnesto"! rdpalr of an existing drain line from the March Property in ft vicinity of the sewer Wral for 19 Lowe Road. Therefore,we would please ask that you scule this work. "hank you for your cooperation and asaiist os In ft matter, Charles R.Del Gene,Jr.,P l CRD:Iaw APR 2 2004 0 Page 1 Losee Road. Water Request Hook-up Minutes June 14, 2004 Al Roberts asked Eric Gardell, would they be willing to restrict further subdivision? Eric Gardell said, he could not speak for the owners, he would have to ask them. Eric said he thought it was possible you could get one more building site on that lot. Its steep and rocky and its not something you could put four or five homes. Jay Paggi said unless you put this in a tenancy agreement, that this is only for one parcel and one parcel only. Al said, we have the right to determine the conditions under which they will connect. Robert felt that we should table any decisions right now. Eric washed to know how soon the board would decide, because the owner is in he process of building right now. Robert said if this lot were in dire straits and people petitioned that that did not have water, we would help. However further down the road if people don't have water we have to make sure we provide those on a priority basis before we entertain people who could have potable water. Joe Paoloni said, if you said you were not going to subdivide, that would certainly go a long way. Your point of view is, you are going to be in a water district anyway, so why spend the money now and dig a well now. Mike Tremper said, you have to remember if they drill a well it could affect the water table in the existing homes and make them have to hook in. It is not unusual if they go deeper than their neighbors where they could affect some one else's. Robert Valdati said for the record he could provide one as a tenant. Maureen McCarthy said she would have no problem with the stipulation that its for "one." Eric Gardell said, "that could be easily done, because they did not have any plans to do anything with that property now." Eric said he would talk to the owner tomorrow. He could not make a commitment. Al Roberts said if Eric could get the commitment he could be on the agenda for 28tb of June. i i GARDELL ASSOCIATES LAND SURVEYING &ENGINEERING, E.C. Eric W.Gardell,RE,L.L.S. Janet S.Gardell,L.L.S. 102 Brothers Road,Wappingers Falls,NY 12590 phone(B45}297-2fi07 fax(895)297-0983 emafl eigudellvoptonline.net March 19,2004 Mr. Joseph Ruggiero, Supervisor Wappinger Town HallREC P.©, Box 324 Wappingers Falls, NY 12590 ; , Re- Tax parcel 6157-02-853807 74 Losee Road TOWN (' : E, Dear Mr. Ruggiero- Lam in the process of preparing a plot plan for a single family house for my client, John Cojoaru, the owner of the above referenced parcel. It is my understanding that this parcel is not in a water district and that access to the water main is only granted-on an individual basis. In light of the reports of failed wells and poluted wells in the area and of wells which produce an unsatisfactory quality and quantity of water, I am requesting permission for my client to access the water main in Losee Road to provide water for this single family residence. I am enclosing a copy of my survey map which.shows the proposed house, Please contact me if any additional information is required. Very tr y yours, rr Eric W, Gardell E WG/jsg Enclosure cc: Mr& Mrs. John Cojoaru 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 (g45) 298 2000 IRA A.PERGAMENT ALBERT P.ROBERTS LEGAL ASSISTANT: LOUIS J,VIGLOTTI FAX(845)298-2842 AMY E.DECARLO JOANF.GARRETT** THOMAS R.DAVIS e-mail:VSRP@BestWeb.net POi1G14KEEPSIE OFFICE EMANUEL F.SARIS 276 MAIN MALL POUGHKEEPSIE,NY 12601 KAREN P.MACNISH (845)452-1046 KEVIN T.McDERMOTT PINE PLAINS OFFICE STEVEN K,PATTERSON f 2490 PLAINS O FI JAY B.RENFRO ��� J , ST P.O.BOX 21 *ADMITTED To PRACTICE � PINE PLAINS,NY 12567 IN NY&PLA. ® (518)398-9857 "*ADMITTED TO PRACTICE �y IN NY&CONN. ��, ADDRESS REPLY TO:( )POUGHKEEPSIE MRS ( )PINE PLAINS July 2, 2004 Eric W. Gardell, P.E., L.S. 102 Brothers Road Wappingers Falls, NY 12590 Re; Request for Connection by Cojocaru (Lossee.Road) File No. 12951.0725 Dear Eric: In connection with Mr. Cojocaru's request to connect to the Town's water system on Lossee Road, I aryl enclosing herewith a copy of the June 14, 2004 Town Board minutes at which time, this matter was discussed, You will note that the Town requested a confirmation that there would be only one home built on this property. I am enclosing an affidavit signed by your client which indicates that no additional requests for water from the Town system would be requested. The affidavit does not adhere to the condition imposed by the Town Board. Furthermore, and assuming your client agrees to no further subdivision of this property as a condition to receiving water, the prohibition against further subdivision would have to take the form of a Declaration of Covenants and Restrictions. To accomplish that I would need a title certification and a Declaration of Covenants and Restrictions prepared by an attorney in the form required to be recorded in the Dutchess County Clerk's Office. In addition to the Declaration, a TP-584 will be required. Until a Declaration has been recorded in the Dutchess County Clerk's Office,no permission to connect to the Town's water system can be granted. 11Vsrp031CommonlWappinger\Town BoardlWater Connections1070204-EG.doc Very trul�' urs, VERG L , TENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP B P. ROBERTS APRIbg cc: Hon. Gloria Morse, Town Clerk Town Board File Tatiana Lukianoff, Zoning Administrator George Kolb, Building Inspector 11Vsip031Comnion\WappingerlTown Board\Water Connections1070204-EG.doc +�J1SiJ2iJQ�&.WS A Meeting of the Tovm Board of the Town of Wappinger was held on dune 14, 2004 at tho Town Heal,20 Mrddlebush Rona,Wappingo rp.Palls,New York, Supervisor Ruggiero epeAed the meeting at 6:40 p.rrs. ,Present: Robert Valdati, Councilman Maureen McCarthy,Counailwoznaa Joseph Paoloui, Councilman Gloria J,Morse,To"Clary Others Present: Jay Nggi,En&eor to the Town Al Roberts,Attorney to the Town Absent: Sosoph Ruggiero,Supervisor Vincent Battina, councilnian SUSPENSION OF R S FOR PUBLIC C0X5WM ON AtENI)A ITEMS. Counoilwoman McCarthy moved to suspand the Rules for Publio Comment on agenda items,seconded by Councilman Valdati And unanimously carried. • Public Hearing far MacFarlane Road Stop Sign. • public Hearing for Extera&4 of the Fleetwood 1Wat6r District Public hearing for Fee Schedule DISCUSSION: o Highway Track-Memo from Graham Foster. Mr,Fastar explained that when they began work on truck#12 to replace the clutch,tray noticed that the ilrawall and floor of the cab wvaa completed rusted out. They have been hying to locate a replacement cab without success, The truck,is a 1987 International that vas originally scheduled for replacement in 2002,but due to budget constraints was not replaced The estimated cost to replace the truvl3 would be$90Xand there is no money in his budget. Aft.Foster would like permission to go to bid for A replacoanent for truck#12 as 000n ae possible. Mr.'V'aldati requested Mr.Poster to send his data to the Comptroller so he can prepare figures for the meeting of the 28+h. At this time Mr.Foster requested the Town Board to allow him to go to bid, which would allow him to get part of the prooess done,and by the next meeting he would have a figure for the board to consider. Councilmst'a Valdati moved to allow Mr.Foster to go Out to Rid for the Highway Truck at this time,seconded by Councilwoman McCarthy and Unanimously carried. i QW194/9004.WS • 74 Usee Road Water Connection, Eric Gardell of Garrdell AoeociAtob Engineering explained that he is in the proaeas of preparing a plot plan for a single fWWly home for his cliant at the above address. He understands this parcel is not in m water district and access to the water main is only granted on an uadivfdual basis. In light of the reports of failed walls and polluted wells in the area and wells which Produce unaatisi'aotory quality and quantity of water,he is requesting permispion for his client to access the water main on.Losee Road to provide water for this atugle family residence. The Board explained that water is prioritized to,people in the district who are experiencing problems with their water. Discussion followed. The Board explained that before they can grant tenancy to the town winter,they needed a oomraitment Earns the owner of 74.Lose®Road that aasly one he _bs built on the property. Ritter/Mar W r Proposal. Due to the poor quality of the well water supplying the Heart Acura site, Mr.Marsh of heart Acura has requested that the Heart Acura site Vacated at 1271 Route$, Wappingers Falls,be granted permission to connect to Town owned water. W.Kush was inforined by Mark Ritter of North Ammican Nome Equities,the proposed developer of the property to the immediate north cf Heart Acura,that his alto is within this Town sewer system but not in the mown water ayotara anti Mr.Mttor has requested connection to the Town water system. If both of their . requests are granted,then the Heart Acura site can be connected to the water and sewer lines through the hitter parcel. All the coats would be assumed by the two new residents of the district. Discussion followed, Councilman Valdati moved to authorize Jay Paggi,Engineer to the Town to amend the Map,Plan.and report for Wappinger Park to allow these two businesses to be part of that district,seconded by Counailwoman McCarthy &Ad'snanimoualy carried. RESOLUTION NO.2004106 RMOLUTION AMMORIMO CHANGE ORID91%No,I FOR >PROPOSR111)'WAIVINGER PARK WATER IMPROVMMT CONTRACT 07-008(86) The following Resolution was introduced by Councilwoman McCarthy and seconded by Clouncilanan Valdati. WH>aURA5,the Engineers to the Town,Paggi,Martin&DelBonne have approved Completion Change Order No. 1 for Wappiuger Water 2 Mr. Joseph Ruggiero,Supervisor Wappinger Town Mall RE: BP#2004-0474 P.O. Box$24 SITE: 74 LOSEE RD, WAPP FLS,NY 12590 Wappingers Falls, NY 12590 GRM:#6157-02-853807-0000 Dear Mr.Ruggeri The Town of Wappingex Town boards m mponse to my request for pex ulmon to correct to the odsting water main in Losee Road,rusted that I stipulate tw I will not request additional water comections. I will matte no additiond requast for water connections for this property. Siped by: &/ 3o&Oojocaiu (dated) MAILYNG ADDRESS: 249 HOBBY HOLLOW ROAD MARIA CILDR� SOTJTH XORTRIGHT,NY 13842 P��l�e,Sate of 3 Irml� N CG ".`"�3 C�� ruraissed a Q1i3t3087d $ . uSchP�s iart Expire&Nov 3, , TOTAL P.02 Losee Road Water Request Hookup Minutes June 14, 2004 Al Roberts asked Eric Gardell, would they be willing to restrict further subdivision? Eric Gardell said, he could not speak for the owners, he would have to ask them. Eric said he thought it was possible you could get one more building site on that lot. Its steep and rocky and its not something you could put four or five homes. Jay Paggi said unless you put this in a tenancy agreement, that this is only for one parcel and one parcel only. Al said, we have the right to determine the conditions under which they will connect. Robert felt that we should table any decisions right now. Eric wished to know how soon the board would decide, because the owner is in he process of building right now. Robert said if this lot were in dire straits and people petitioned that that did not have water, we would help. However further down the road if people don't have water we have to make sure we provide those on a priority basis before we entertain people who could have potable water. Joe Paoloni said, if you said you were not going to subdivide, that would certainly go a long way. Your point of view is, you are going to be in a water district anyway, so why spend the money now and dig a well now. Mike Tremper said, you have to remember if they drill a well it could affect the water table in the existing homes and make them have to hook in. It is not unusual if they go deeper than their neighbors where they could affect some one else's. Robert Valdati said for the record he could provide one as a tenant. Maureen McCarthy said she would have no problem with the stipulation that its for "one." Eric Gardell said, "that could be easily done, because they did not have any plans to do anything with that property now." Eric said he would talk to the owner tomorrow. He could not make a commitment. Al Roberts said if Eric could get the commitment he could be on the agenda for 28th of June. GARDELL ASSOCIATES LAND SURVEYING & ENGINEERING, P.C. r Eric W.Gardell,RE,L.L.S, Janet.S.Garden,L,L,S. 102 Brothers Road,Wappingers Falls,NY M90 phone{B45f 297-26Q7 fair(845)297-0983 email e ardell!o tonline,net March 1.9, 2004 Mr, Joseph Ruggiero, Supervisor appinger Town HallR!EKE P.O. Box 324 Wappingers Falls, NY 12590 " Re: Tax parcel 61.57-02-853807 74 Losee Road Dear Mr. Ruggiero: I am in the process of preparing a plot plan for a single family house for my client, John Cojoaru, the owner of the above referenced parcel. It is my understanding that this parcel is not in a water district and that access to the water main is only granted on an individual basis. In light of the reports of failed wells and poluted wells in the area and of wells which produce an unsatisfactory quality and quantity of water, I am requesting permission for my client to access the water main in Losee Road to provide water for this single family residence. I am enclosing a copy of my survey'map which shows the proposed house. Please contact me if any additional information is required. Very tr y yours, Eric W. Gardell E WGJ jsg Enclosure CC: Mr & Mrs. John Gojoaru