2021-161
2021-161
Resolution Accepting Brentwood Drive And Related Easements For Hilltop Village At
Wappinger Subdivision Together With Maintenance Agreement Secured By Bond
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 December
13, 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-2021-161
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilman Beale.
WHEREAS, TOLL LAND V LIMITED PARTNERSHIP (hereinafter “TOLL”) owns a parcel of
real property located on the westerly side of All Angels Hill Road, and
WHEREAS, TOLL made application to the Town of Wappinger Planning Board to approve a
subdivision of lands more particularly shown on a subdivision plat entitled “Hilltop Village at
Wappinger” which is filed in the Office of the Dutchess County Clerk on August 27, 2013 as Filed
Map 11070B which is subject to an Offer of Cession and Dedication dated August 27, 2013 and
recorded in the Office of the Dutchess County Clerk on August 28, 2013 as Document No. 02-
2013-4448; (the “Plat”) and
WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat
Approval by Resolution dated March 18, 2013, subject to, and conditioned upon, fulfillment of the
conditions set forth in the aforementioned Resolution, and subject to certain improvements being
made and constructed as shown on the aforesaid Plat as required by the Town of Wappinger
Subdivision Regulations; and
WHEREAS, by letter dated November 19, 2021, the Engineers to the Town have advised that the
construction of Brentwood Drive and the related improvements have been completed; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, TOLL is required to post a
highway construction guaranty in the form of a bond or performance guarantee in an amount equal
to $92,491.00, which is 20% of the cost of construction, to be held for a period of two years to
guarantee that any defects of the type described in §214-76(B) shall be cured but TOLL has been
unable to do so; and
WHEREAS, the Town Board has determined that is appropriate to accept a cash deposit in the
amount of $34,777.60 in lieu of the required maintenance bond; and
WHEREAS, TOLL tendered to the Town of Wappinger a deed for the right of way for Brentwood
Drive from TOLL LAND V LIMITED PARTNERSHIP together with the associated transfer
documents all in recordable form and approved by the Attorney to the Town, James P. Horan, Esq.;
and
WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have
recommended that the Town Board accept Brentwood Drive as a town;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents of the
Town of Wappinger to accept Brentwood Drive as a Town Highway together with the
drainage facilities and other public improvements located in the highway right of way, except
those specifically excepted by the subdivision plat.
2. The Maintenance Agreement executed by TOLL, as Obligor, in favor of the Town of
Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the
road and other public improvements will be free from defects in materials and workmanship
for a period of two years from the date of acceptance by the Town as required by §214-43.
3. The Town Board hereby accepts Maintenance Bond bearing Bond No. _______ issued by
___________________________________ to the Town of Wappinger in the amount of
Ninety-two Thousand Four Hundred Ninety-one & 00/100 ($92,491.00,) as a highway
construction guaranty in accordance with §214-43 of the Town of Wappinger Code which
shall be held for a period of two years to guarantee that any defects of the type described in
§214-76(B) shall be cured.
4. This acceptance is expressly conditioned upon TOLL delivering the right of way and the
public improvements to the Town free and clear of any liens or encumbrances, and upon
payment by TOLL of all outstanding fees and escrow reimbursements due to the Town.
5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all
documents necessary for the recording of the deed and easements from TOLL.
6. The Attorney to the Town is directed to cause the deed and easements to be filed in the
property records of the Dutchess County Clerk.
7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the
town highway in his files as required by Highway Law §171(1).
8. Upon the tender of the Maintenance Bond to the Town Clerk, the Surety Bond in the
amount of Two Hundred Fifty-Seven Thousand Three Hundred Thirty Dollars
($257,330.00), as the security to insure that the remaining improvements required for the
project will be properly completed that was accepted by the Town Board by Resolution
2016-263 shall be released.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
12/13/2021
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK