2016-133 2016-133
Accepting Undertaking Secured By Cash Deposit For Restoration With Dunkin Donuts -
Rte 9D Project
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on April 11,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-133
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, Chen Realty-Route 9D, LLC, a domestic New York State limited liability
company, having an address of 19 Hillcrest Court, Wappingers Falls , New York 12590,
hereinafter referred to as the "Owner", has made application for site plan approval to the Town
of Wappinger Planning Board for the construction of a commercial structure on certain lands
located at 2026 Route 9D that are designated as Tax Parcel 6056-02-746856 on the tax map of
the Town of Wappinger (the "Property"); and
WHEREAS, on March 21, 2016, the Planning Board of the Town of Wappinger adopted
a Resolution which determined that no significant adverse environmental impact would be
caused by the project and authorized the issuance of a Negative Determination of Significance
pursuant to SEQRA.; and
WHEREAS, during the SEQRA review process, the Owner provided evidence that there
was no habitat on the site for rare, threatened or endangered species; and
WHEREAS, the Owner of the Property made a request to allow the cutting of trees on
the Property, prior to the issuance of a Resolution of Site Plan Approval since the US Army
Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take
place between October 1 and March 31 to minimize the possibility of disturbing the migration of
Indiana Bats; and
WHEREAS, the Planning Board adopted a Resolution on March 21, 2016 granting the
Owner's request to cut the trees in the area of site plan disturbance on the express condition that
the Owner agreed to re-plant trees in the event the Site Plan Approval was not granted and said
agreement was to be secured by a Bond, Letter of Credit or Cash Deposit in an amount to be
fixed by the Engineer to the Town, specifically in the sum of$17,500.00; and
WHEREAS, the Owner has delivered to the Town an Undertaking secured by a Cash
Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the
amount of$17,500.00 paid to the order of the Town of Wappinger, as security for the faithful
performance of the obligations set forth in the Undertaking; and
WHEREAS, the terms of the Undertaking authorized the Town of Wappinger to draw
against the aforementioned cash security posted in the event the Owner does not restore the
project site in accordance with the terms and conditions set forth in the Planning Board
Resolution of March 21, 2016.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that the Undertaking executed by Chen
Realty-Route 91), LLC and secured by a Cash Deposit in the sum of$17,500.00, is acceptable
and sufficient as a guarantee to secure the obligation to restore the project site in the event the
Owner does not fulfill the obligations to re-plant trees in the event Site Development Plan
Approval is not granted all as set forth in the Planning Board Resolution of March 21, 2016.
3. The Town Board hereby accepts the Undertaking dated March 25, 2016, executed
by Chen Realty-Route 91), LLC, a New York State limited liability corporation, having an
address of 19 Hillcrest Court, Wappingers Falls, New York 12590, secured by a Cash Deposit in
the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of
$17,500.00 paid to the order of the Town of Wappinger, as security for the faithful performance
for the completion of the obligations set forth in the Undertaking and in accordance with the
Planning Board Resolution of March 21, 2016.
The Town Supervisor is directed to deposit the aforementioned Cash Deposit in a bank account
maintained by the Town, to be held in escrow, pending compliance with the terms of the
Undertaking.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
4/11/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK