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2011-2952011-295 Resolution Authorizing Refund of Unused Escrow for Del-Tra Holdings, LLC Site Plan (Account 09-3193) 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 August 22, 2011. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara A. Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, on or about September 25, 2009, Nick DeLuccia, as a Member of Del-Tra Holdings, LLC (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 09-3193; and WHEREAS, on or about November 13, 2009, the Applicant deposited Four Thousand, Three Hundred Twenty -Eight Dollars ($4,328.00) 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, an additional deposit in the amount of Four Thousand, Six Hundred Fifteen Dollars and 50/100 ($4,615.50) was made on October 20, 2010; and WHEREAS, the project has been withdrawn by the Applicant by letter dated June 14, 2011; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of One Thousand, Six Hundred Fifty -Two Dollars ($1,652.00) remains in escrow account number 09-3193 and Applicant has requested a refund of said unused escrow balances; and WHEREAS, the Town Accountant has audited the escrow account and has verified the amount 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 the Applicant in the amount of One Thousand, Six Hundred Fifty -Two Dollars ($1,652.00) in escrow account number 09-3193, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: BARBARA A. GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 8/22/2011 The Resolution is hereby duly declared adopted. 40C.MASTE SON, TOWN CLERK