2025-492025-49
Resolution Setting Restoration 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 February
10, 2025.
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 -2025-49
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
El
El
ElElTabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Voter
❑
❑
❑
Q
The following Resolution was introduced by Councilman Phillips and seconded by
Councilman Beale.
WHEREAS, CarMax Auto Superstores, Inc., 1105-1115 Route 9, Wappingers Falls,
New York (the "Applicant") has made application to the Planning Board of the Town of
Wappinger (hereinafter the "Planning Board") for an amended Site Development Approval and
Special Permit (the "Amended Approval") for the Carmax Project in order to modify its prior
approval to permit the Applicant to construct a septic fill pad on the property prior to the
issuance of an approval by the Dutchess County Health Department (DCHD); and
WHEREAS, it is acknowledged that the construction of the septic fill pad is a condition
of obtaining the approval from the DCHD for the Carmax Project; and
WHEREAS, the Planning Board granted the Amended Approval by Resolution dated
September 16, 2024 subject to the Applicant posting a restoration bond in the event that the
DCHD did not issue an approval; and
WHEREAS, the Town Engineer, by letter dated February 5, 2025, has recommended
that a restoration bond should be established in the amount of $52,500.00; and
WHEREAS, the Town Board of the Town of Wappinger wishes to follow the
recommendations made by the Town Engineer and the Wappinger Planning Board.
NOW, THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby establishes the amount of the restoration bond sufficient to cover restoration
of the site should the Applicant fail to obtain the approval of the DCHD for the Carmax Project
pursuant to the Town Code of the Town of Wappinger in the amount of $52,500.00 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 Applicant provide the attached Performance
Agreement.
The foregoing was put to a vote which resulted as follows
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Christopher Phillips, Councilman
SECONDER:
William H. Beale, Councilman
AYES:
Joseph D. Cavaccini, William H. Beale, Angela Bettina, Christopher
Phillips
ABSENT:
Al Casella
Dated: Wappingers Falls, New York
2/10/2025
The Resolution is hereby duly declared Adopted.
JOSEPH,,?. PAOLONI, TOWN CLERK