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2009-2372009-237 Resolution Authorizing Refund of Unused Escrow for BAC Properties, LLC, Amended Site Plan (Accounts 08-3152 & 08-6010PP) 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 July 13, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey ABSENT: Councilmembers - William H. Beale Vincent F. Bettina Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Beale. WHEREAS, on or about January 23, 2008, BAC Properties, LLC (hereinafter the "Applicant"), filed an application for approval of an Amended Site Plan under Application Number 08-3152; and WHEREAS, on or about January 23, 2008, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, on or about June 9, 2008, the Applicant deposited Seven Thousand, Five Hundred Dollars ($7,500.00) into an escrow account with the Town of Wappinger for post planning fees under Application Number 08-601OPP; and WHEREAS, the applications were approved and the Resolution of Amended Site Development Plan and Wetlands Permit Approvals was signed on June 26, 2008; and WHEREAS, all professional fees incurred during the review of the applications have been paid and a balance of Two Hundred Seventy -Four Dollars and 40/100 ($274.40) remains in escrow account number 08-3152 and a balance of Seven Thousand, Three Hundred Eighty -Four Dollars and 50/100 ($7,384.50) remains in escrow account number 08-601OPP and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow accounts and has determined that refunds are due to the Applicant. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes a refund to Applicant in the total amount of Two Hundred Seventy -Four Dollars and 40/100 ($274.40) from escrow account number 08-3152, representing the unused escrow balance for the above project. 3. The Town Board hereby authorizes a refund to Applicant in the total amount of Seven Thousand, Three Hundred Eighty -Four Dollars and 50/100 (57,384.50) from escrow account number 08-601OPP, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT Dated: Wappingers Falls, New York 7/13/2009 The Resolution is hereby duly declared adopted. a,— a6t:�2- HN C. NIASTERSON, TOWN CLERK TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Administrator Office: 845-297-6257 Building Inspector Fax: 845-297-0579 Office: 845-297-6256 www.townofwa PP� m9er. Us Fax: 845-297-0579 RELEASE OF ESCROW FUNDS Date: June 22, 2009 Project Account Number: 08-3152 & 08-6010 PP Name of Project:_ BAC Properties LLC Grid Number: (259-04-578332 Location: 30 Air ort Drive Date project received: January 23, 2008 Date final resolution signed by chairman: June 26,20 )8 Total Escrow Deposited: $7,500.00 for a/c 08-3152 & $7.500.0 ) for a/c 08-6008 PP Balance remaining: $ 274.40 for a/c #08-3152 & $7-3M 50 for a/c # 08-601 OPP Date: June 22.._2009 Reason for escrow return: ❑Project completed with signed maps with the Planning Board / ZBA . nProject withdrawn by applicant on (date) ❑Project ( Post Planning Escrow) completed with CO issued by building department on (date) ❑Road Escrow: Project completed on (date) This project has been completed / withdrawn and the return of escrow has been requested by: Brandon Ciccone BAC Properties, LLC Print Name Barbara Roberti, PB Secretary: Tatiana Lukianoff, Zoning Admini Graham Foster, Highway Superintendent: Robert Gray, Town Engineer: Amount to be returned. • SZOS !R.90 Verified: Fredrick Awino, Town Accounts Date: I TOWN OF WAPPINQER, NV P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER r BAC Properties, CLAiMANT•S 151 Daley Road NAME AND Poughkeepsie, NY ADDRESS L LLC 12603 PEI Purchase Order No. DO NOT WRITE IN THIS BOX TERMS VENDOR'S REFNO. uAify that the above account in the amount of S 274-40 is true and t i e that the items, saniess, and disbursements charged were re de d to or for the municipaNly on the dates stated; that no part has been paid or salislied: that taxes, from which the municipality ampled. a not included: and that the amount claimed is aclu y e 6jaz' DAfr= 0 SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER COMPTROLLER JEAN GALLUCCI TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-0060 FAX: (845) 297-7214 Tatiana Lukianoff, Zoning Administrator 2-oaing Lepai u'I'ent Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Tatiana'Lukianoff: I am requesting the return of the escrow balance for the BAC Properties, LLC Appli+ti jn # 08'3152 in the amount of $ 274.40 Sig ature Da Print',name and 'e 1 SUPERVISOR CHRISTOPHER J. COLSE`! TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI #08-3152 BAC PROPERTIES LLC BAC Properties, LLC, 151 Daley Road, Poughkeepsie, NY 12603 2008 ESCROW ESCROW ESCROW FEES RECD CHARGES 1123/2008 7500.00 2/8/2008 CLARK -JAN 2/26/2008 BOB -FEB 3/5/2008 Roberts -Feb 3/13/2008 CLARK -FEB 3/26/2008 BOB -FEB 4/7/2008 ROBERTS-MAR 4/14/2008 CLARK -MAR 5/27/2008 Letter to Re Escrow $4,856.00 5/28/2008 MORRIS -APR 5/20/2008 CLARK - APR 6/6/2008 ROBERTS-MAY 6/10/2008 CLARK -MAY 6/19/2008 MORRIS -MAY 7/11/2008 CLARK -JUNE 8/6/2008 ROBERTS-JULY ESCROW BALANCE 187.50 347.60 115.50 ✓ 2614.00✓ 1235.90 ✓ 115.50 0" 240.00 ✓ 642.10' 178.50 ✓ 346.50 1055.00,,-' 39.50 ✓ 75.00✓ 33.00 7500.00 7312.50 6964.90 6849.40 4235.40 2999.50 2884.00 2644.00 2001.90 1823.40 1476.90 421.90 382.40 307.40 274.40 TOWN OF WAPPINQERO My P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER BAC Properties, LLC CLAIMANT'S 151 Daley Road NAME ANO Poughkeepsie, NY 12603 ADORESS Purchase Order Lo. DO NOT WRITE IN THIS aOX TERMS VENDOR'S REFNO. DATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE 6-15-09 Return of escrow for account number: 08-6010 PP 7,374 5 BAC Properties, LLC AMOUNT 0 11 7,374. 50 I TOTAL 10 7,3g4.5.0 is true and correct; that the items, services, and disbursements charged were ren red or for the municipality Ion the dales stated: that no Ihrt has beene amount S $ 7,3$4.50 _ municipality is exempted. are not included; and that the amount cls II du i a Paid or sallsfletl; that fazes, from which the 12-2,11-)q If � D E SIGNATURE -q W,40 TITtILA '4 (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER COMPTROLLER JEAN GALLUCCI TOWN OF WAPPINGFR COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-0060 FAX: (845) 297-7214 Tatiana Lukianoff, Zoning Administrator Z oning Department Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Tatiana:Lukianoff: I am requesting the return of the escrow balance for the BAC Properties, LLC Appzign 08-6010 PP in the amount of $ 7,384.50 Ra1a.AAAA.1 e Print name and title Date SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI #08-6010 PP BAC PROPERTIES, LLC Address: 151 Daley Road, Poughkeepsie, NY 12601 ESCROW ESCROW ESCROW ESCROW 2008 FEE'S RECD CHARGES BALANCE 6/9/2008 7500.00 7500.00 2009 4/7/2009 Roberts -March _,'33.00-'/ 7467.00 4/17/2009 Clark -March '—'82.50,-' 7384.50