2024-2172024-217
Resolution Setting Performance 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
9, 2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-217
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, CHELSEA FARM, LLC, a New York Limited Liability Company having an office
at 29C Hudson View Drive, Beacon, New York 12508 ("Subdivider"), made application to the
Planning Board of the Town of Wappinger (hereinafter the "Planning Board") to approve a
subdivision of lands more particularly described in a subdivision map entitled "Chelsea Farms
Subdivision" prepared by Hudson Engineering and Surveying, dated February 2, 2012, last
revised March 5, 2022 (the "Plat"); and
WHEREAS, the Planning Board granted final conditional subdivision approval, by resolution
dated February 1, 2016, subject to certain public improvements being made and constructed and
subject to completion of the requirements set forth in the Town Subdivision Regulations,
Highway Specifications, and Zoning Law, which improvements are depicted on the Plat; and
WHEREAS, CHELSEA RETREAT LLC, a New York Limited Liability Company having an
office at 46 Vassar Road, Poughkeepsie, New York 12603, is the contract vendee and developer
of the Plat (hereinafter "Developer"); and
WHEREAS, Town Law § 277 requires that the Developer guarantee the construction,
installation, and dedication of the required public improvements prior to issuance of any building
permits; and
WHEREAS, Town Code Section 215-17 also requires that the Developer guarantee the
construction, installation, and dedication of the required public improvements prior to issuance
of any building permits; and
WHEREAS, the Town Engineer, by letter dated October 28, 2024, has recommended that a
performance bond should be established in the amount of $660,088.80 and an associated
inspection fee should be paid in the amount of $19,802.66; and
WHEREAS, the Town Board of the Town of Wappinger wishes to follow the recommendation
made by the Wappinger Planning Board;
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of Wappinger
hereby establishes the amount of the performance bond sufficient to cover restoration of the site
should the developer fail to complete the site improvements for the Chelsea Farm Subdivision
pursuant to the Town Code of the Town of Wappinger in the amount of $660,088.80, and
BE IT FURTHER RESOLVED, that the Town Board of the Town of Wappinger hereby
establishes the amount of the inspection fees to be held in escrow for said property to be
$19,802.66; and
BE IT FURTHER RESOLVED, that the bond posted for the project be subject to prior approval
by the Town Attorneys, HOGAN, ROSSI & LIGUORI, as to sufficiency and form, which
approval has been granted as of this date; and
BE IT FURTHER RESOLVED, that the Developer provide the attached Performance
Agreement.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
12/9/2024
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK
PERFORMANCE AGREEMENT SECURED BY A SURETY BOND
CHELSEA FARMS SUBDIVISION
WHEREAS, CHELSEA FARM, LLC, a New York Limited Liability Company having an office at 29C Hudson
View Drive, Beacon, New York 12508 ("Subdivider"), made application to the Planning Board of the Town of
Wappinger (hereinafter the "Planning Board") to approve a subdivision of lands more particularly described in a
subdivision map entitled "Chelsea Farms Subdivision" prepared by Hudson Engineering and Surveying, dated
February 2, 2012, last revised March 5, 2022 (the "Plat"); and
WHEREAS, the Planning Board granted final conditional subdivision approval, by resolution dated February 1,
2016, subject to certain public improvements being made and constructed and subject to completion of the
requirements set forth in the Town Subdivision Regulations, Highway Specifications, and Zoning Law, which
improvements are depicted on the Plat; and
WHEREAS, CHELSEA RETREAT LLC, a New York Limited Liability Company having an office at 46 Vassar
Road, Poughkeepsie, New York 12603, is the contract vendee and developer of the Plat (hereinafter "Developer");
and
WHEREAS, Town Law § 277 requires that the Developer guarantee the construction, installation, and dedication
of the required public improvements prior to issuance of any building permits;
NOW, THEREFORE, the undersigned CHELSEA RETREAT, LLC, as Developer, hereby agrees to undertake
the following:
1. To make, construct, and complete the improvements for the subdivision, in accordance with the
above noted Plat and the Resolution of Conditional Final Subdivision Approval dated February 1, 2016, and the
construction documents identified in the plat; and to perform all other obligations set forth in the Resolution of
Conditional Final Subdivision Approval, and the Code of the Town of Wappinger.
2. To maintain the stormwater management system and highways constructed in the subdivision,
including snow removal, which have been offered for dedication to the Town of Wappinger until such time as
they are finally accepted by the Town Board.
3. Upon construction and completion of the required improvements and obligations set forth above,
and upon request, the undersigned Developer will dedicate same to the Town, free and clear of any liens or
obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger and
the laws of the State of New York and subject to a maintenance guarantee.
4. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees
in the event the undersigned defaults hereunder, the undersigned Developer has delivered to the Town of
Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken
herein: a surety bond issued in favor of the Town of Wappinger by bearing the number
in the amount of Six Hundred Sixty Thousand Eighty Eight Dollars and Eighty Cents
($660,088.80) securing the obligations set forth in this Performance Agreement.
5. The undersigned CHELSEA RETREAT, LLC further binds its successors, its heirs, executors,
administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth
in this Agreement.
6. The undersigned CHELSEA RETREAT, LLC further acknowledges that if any default remains
in the performance of the obligations created hereunder, the lots within the subdivision will no longer be
eligible for building permits until such defaults are cured.
Dated: , 2024
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DEVELOPER
CHELSEA RETREAT, LLC
Michael Lund, Sole Member
SUBDIVIDER
CHELSEA FARM LLC
BY: THE SILVER FAMILY LIMITED PARTNERSHIP
(Member)
BY: SILVER REALTY, LLC (General Partner)
BY:
David Silver, Managing Member
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On 1 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared
Michael Lund personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by
his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument.
6234086.v1
Notary Public
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared David
Silver personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature
on the instrument, the indi"Tidual, or the person upon behalf of which the individual acted, executed the instrument.
Notary Public
6234086.v1