2021-52
2021-52
Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In
Connection With Hudson Valley Lighting
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 8,
2021.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2021-52
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Seconder
The following Resolution was introduced by Councilman Phillips and seconded by
Casella.
WHEREAS, Jaleli, LLC (“Applicant” and “Owner”) is the owner of a 67-area parcel of real
property located at 151 Airport Drive in the Town of Wappinger designated as Tax Parcel 6259-02-
841673 (the “Property”), which is being reviewed for Site Plan and Wetland Permit Approvals by
the Town of Wappinger Planning Board; and
WHEREAS, the Applicant/Owner has made a request to allow for limited tree clearing and
grading on the Property, prior to the signing of the Final Site Plan, in order to have the trees cut
within the allowable season to avoid impacts to Indiana Bats; and
WHEREAS, the Applicant/Owner has agreed to deliver to the Town a Cash Deposit in the
form of a Bank Check(s) in the amount of $7,200.00 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 Applicant/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 the Town Board hereby determines that
the Cash Deposit in the form of a Bank Check(s) in the amount of $7,200.00 is acceptable and
sufficient as a guarantee to secure the obligation to restore the project site in the event the
Applicant/Owner does not fulfill its obligations as provided in the Undertaking; and
BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in
the total sum of $7,200.00, as security for the faithful performance for the completion of the
obligations set forth in the Undertaking; and
BE IT FURTHER RESOLVED, 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 \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
3/8/2021
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK