2023-45 2023-45
Resolution Accepting Undertaking Secured By Performance Bond For Restoration In
Connection With Old Myers NY Llc Solar Farm
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 27,
2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2023-45
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Mover Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Supervisor Thurston and seconded by
Councilman Phillips.
WHEREAS, Old Myers NY LLC ("Applicant/Owner") is the applicant for site plan,
special permit and wetlands permit approvals for the construction of a solar farm on a parcel of land
totaling 38.09 acres that is designated as Tax Parcel 6258-03-376432 on the tax maps of the Town of
Wappinger (the "Property"); and
WHEREAS, the Applicant/Owner has made a request, pursuant to § 240-93.1 of the Code
of the Town of Wappinger, 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 delivered to the Town a Performance Bond in the
amount of$30,000 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 Performance Bond 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 Performance Bond bearing number 0835665 issued by Harco National Insurance Company to
the Town of Wappinger in the amount of$30,000,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 Performance Bond
in the sum of$30,000, 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 Clerk is directed to file the aforementioned
Performance Bond in his records,pending compliance with the terms of the Undertaking.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Richard Thurston, William H. Beale
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
3/27/2023
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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