2021-85
2021-85
Resolution Accepting Undertaking Secured By Cash Deposit In Connection With Poughkeepsie Nissan
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 June 14, 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-2021-85
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
The following Resolution was introduced by Councilman Beale and seconded by Casella.
WHEREAS, Maric LLC (“Applicant” and “Owner”) is the owner of two parcels of real property located at
1429 and 1455 Route 9 in the Town of Wappinger designated as Tax Parcels -6157-02-607815 and 6157-02-607850
(the “Property”), which are being reviewed for Lot Line Alignment and Site Plan Approvals by the Town of
Wappinger Planning Board; and
WHEREAS, the Applicant/Owner seeks to file the lot line adjustment but the filing of said lot line
adjustment creates certain issues related to the site plan on the Poughkeepsie Nissan property; 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 $60,000.00 as security to guarantee that the Owner will pursue a site plan
application to cure the necessary issues; 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 $60,00.00 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
$60,00.00, 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: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/14/2021
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK