2018-732018-73
Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In
Connection With Furnia Subdivision
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 March 12,
2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2018-73
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Johnston.
WHEREAS, Hybrid Home Developers, LLC, a domestic Limited Liability Company,
having an address of 69 Alley Road, Lagrangeville, New York 12540, hereinafter referred to as
the "Owner", has made application for subdivision approval to the Town of Wappinger Planning
Board for a subdivision of a 7.56 acre parcel into 9 individual residential lots for the purpose of
constructing single-family residences on all of the newly created lots; and
WHEREAS, the parcel is located on the northwest side of New Hackensack Road near
the intersection of Daisy Lane and is designated as Tax Parcel 6158-02-948876 on the tax map of
the Town of Wappinger (the "Property"); and
WHEREAS, the Owner of the Property made a request for permission to cut trees on the
Property, prior to the issuance of a Resolution of Final Conditional Subdivision 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, at the March 5, 2018 meeting, the Planning Board granted the Owner's
request to cut the trees, but not to remove them, on the express condition that the Owner agreed
to re -plant trees in the event Subdivision Approval was not granted and said agreement was to be
secured by a Cash Deposit in an amount approved by the Engineer to the Town, and acceptable
to the Planning Board, specifically in the sum of $7,500.00; and
WHEREAS, the Planning Board intends, at its next meeting, to adopt a Negative
Declaration pursuant to SEQRA for the subdivision; and
WHEREAS, the Owner is to execute and deliver to the Town an Undertaking secured by
a Cash Deposit in the amount of $7,500.00, in the form of a bank check or certified check, 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 authorize 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 Undertaking.
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 Hybrid
Home Developers, LLC and secured by a Cash Deposit in the sum of $7,500.00, 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 Subdivision Approval is not
granted all as set forth in the Undertaking.
3. The Town Board hereby accepts the Undertaking executed by Hybrid Home
Developers, LLC, a domestic Limited Liability Corporation, having an address of 69 Alley
Road, Lagrangeville, New York 12540, secured by a Cash Deposit in the form of a Bank
Check/Certified Check in the amount of $7,500.00 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.
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: Robert Johnston, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
3/12/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK