2010-03-04
GERALD A. VERGlLlS*
KENNETH M. STENGER
ALBERT P. ROBERTS
THOMAS R. DAVIS
STEPHEN E. DIAMOND***"'
JOAN F. GARRETT*"'
VERGILlS, STENGER, ROBERTS, DAVIS & DIAMOND, LLP
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W APPINGERS FALLS, NEW YORK 12590
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ANTHONY M. DEFAZIO*"'*
JAMES P. HORAN***
LISA M. COBB
M. ELLEN O'SULLIVAN
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MARIA JONES
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March 4, 2010
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Attention: Hon. Christopher 1. Colsey, Supervisor
riECEIVE:L
MAR - 5 2010
. ""\M~f ~f r::D'
Re: Adams Fairacre Farms Site Plan
Conservation Easement (Indiana Bat Habitat)
Dear Chris and Board Members:
Enclosed herewith please find a photo copy of the fully executed Conservation Easement
naming the Town of Wappinger as Grantee. This Conservation Easement was required by
NYSDEC in connection with the Adams Site Plan in consequence of a disturbance to a
potential Indiana Bat habitat. There was one change to the easement as originally
approved which I deem more beneficial to the Town: Adams-Wappinger, LLC was
substituted as the party providing the indemnification and hold harmless to the Town.
The original hold harmless was to be given by Phantom Hollow Equities, Inc., however,
the substitution of Adams-Wappinger, LLC is, in my judgment, more favorable to the
Town. Accordingly, I deem this change substantially insignificant. There were other
minor changes to the easement requested by DEC, also which I deem to be insignificant.
I have also been advised by Jack Peluse, the Town's insurance consultant, that the
Town's exposure to liability would be covered through the Town's general insurance
liability policies. Jack is to provide a separate letter to this effect. Accordingly, I have
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0:\ Wappinger\PlanningBoard\Adams Fairacre Farms\20 1 0 correspondence\03031 0 letter to Town Board approving Conservation
Easement.doc
Page 2
concluded that all legal obligations of the Resolution of Site Plan Approval have been
met by Adams.
Very truly yours,
VERGILIS, ST NGER, ROBERTS, DAVIS & DIAMOND, LLP
cc: Planning Board
Code Enforcement Department
Robert 1. Gray, P.E.
David Stolman, AICP
Elizabeth Corrado, Esq.
Jack Peluse
0:\ Wappinger\PlanningBoard\Adams Fairacre Farms\201 0 correspondence\030310 letter to Town Board approving Conservation
Easement.doc