2020-157
2020-157
Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In
Connection With Route 376 Holdings, Inc.
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
September 28, 2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-157
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, Route 376 Holdings, Inc. (“Owner”) is the owner of two parcels of real
property located at 1592 Route 376 in the Town of Wappinger designated as Tax Parcels 6259-04-
530251 and 6259-04-540266 (the “Property”) which is being reviewed for Subdivision, Site Plan and
Special Use Permit Approvals by the Town of Wappinger Planning Board; and
WHEREAS, the Owner has made a request to allow for limited tree clearing and grading on
the Property, prior to the signing of the Final Subdivision Plan and Site Plan, to allow for the
installation of the building foundation for their new convenience store; and
WHEREAS, the Owner plans to deliver to the Town a Cash Deposit in the form of a Bank
Check in the amount of $25,177.00 as security for the restoration of the property in the event that
Final Approval is not granted; and
WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw
against the aforementioned Cash Deposit in the event the Owner does not receive Final Approval
and the project site is not restored in accordance with the terms of the Undertaking.
NOW, THEREFORE, BE IT RESOLVED, that when the deposit is received that the Town
Board hereby determines that the Cash Deposit, when received, in the form of a Bank Check in the
amount of $25,177.00 is acceptable and sufficient as a guarantee to secure the obligation to restore
the project site in the event the Owner does not fulfill its obligations as provided in the Undertaking;
and
BE IT FURTHER RESOLVED, that the this resolution is contingent that the Town Board
receives the Cash Deposit in the total sum of $25,177.00, as security for the faithful performance for
the completion of the obligations set forth in the Undertaking; and
BE IT FURTHER RESOLVED, that when check is received that 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 AS AMENDED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
9/28/2020
The Resolution is hereby duly declared Adopted as
Amended.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK