2013-1032013-103
Resolution Authorizing Refund of Unused Cash Bond Posted for Site Restoration (Account
11-3244) in Connection with the Adams Fairacre Farms Site Plan
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 March 11,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, on or about October 28, 201 1, Adams Fairacre Farms, (hereinafter the
"Applicant") was required to post a Cash Bond in the amount of Seventy-One Thousand Dollars
($71,000.00) with the Town of Wappinger in connection with Site Restoration (Account # 11-
3244); and
WHEREAS, on or about November 2, 2012, by request of the Applicant, a transfer was
made from Account # 11-3244 to Adams Fairacre Farms Road Inspection Account in the amount
of Six Thousand, Five Hundred Eighty-Three and 28/100 Dollars ($6,583.28), leaving a balance
of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars ($64,350.72) in Account # 11-
3244; and
WHEREAS, all work has been completed, inspected and approved by Greg W. Bolner,
P.E. of Clark Patterson Lee Design Professionals, Engineer to the Town for this project; and
WHEREAS, the Applicant has requested that the unused balance of the Cash Bond be
returned; 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 return of the unused balance of the Cash
Bond posted in connection with Site Restoration to Adams Fairacre Farms in the
amount of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars
($64,350.72).
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
3/11/2013
The Resolution is hereby duly declared adopted.
CH STINE FULTON, OWN CLERK
NOV/7/2011/WED 01;45 PM
'TOWN OF W,4PPINGER., NX
20 Middlebush Road
Wappingers Palls, N.X. 12590
PURCkxA,S>r 0~8>fc B~ YOUCH)E1R.
Adams Fairacre Faxms
765 Dutchess Twrpike
Poughkeepsie, NY 12603
P, 003
Puzcbase OtdcrNo.
Do Not Write Tn This Box
Date Voueber Received I ! AMEOUN7C I I
Aatc Quantity Description of Materials or Swviccs UNIT AMOUNT
PRICE
I1/7/12 Return of Escrow from Acctlf 11-3244 64,350 72 64,350 72
(Site Restoraton Cash Bond)
~- ,
~ _ ~ _ i}
~~ .. _ . ~_
M~1R C~~ %C~~;~
s crtctvu
.off.. ..•. .... : 'a..5
t x .+ ---~
4 ~- ~J
~~~,_ _.
M
1 -~
~.
J~, _
I ' )'attick ,l4,dams eati~ that the above account in the amortut of $ t!~ ~Sn 7 - ~s true a~ad conrcet; that the
items, services, aged disbursements charged were repdered to ox for the municipality ova ~e dates stated that uo part bas beam paid or
sari tltr'd; that taxes, fconu which tine municipality is t, ate Aot ipc~ded; and that the amount elaiAUed i dually due.
Ante Sigh a Title
(Space Below for 1vluA,ieipal Use)
D~)P,AxY)CAS'~1~1')<' Ap'!'YtOVAY, ,A.YX)ftOY,~. ~'O][t X,~l.X1rIEi`1'x'
The above services aw watetials wero rendored or 'ibis c}aipp is apipraved paid tom the appropriaeions
famished to the municipality oa the dates stand and the indicated above
charges are correct
riA,1'B AUTHORIZED OF~IC;IAI.
D,F,.TE
COivIPT,ROI.I.bIL
7z
- TOWN OF WAPPINGER
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
Zoning Administrator Building Inspector ~.
Office: 845-297-6257 Office: 845-297-6256 ~y~ "'
Fax: 845-297-0579 Fax: 845-297-0579 (,i~ <"
www.townofwappinger.Us Wl il;~~
RELEASE OF ESCROW FUNDS
Date: November 7. 2012 Project Account Number: 11-3244 (Site Restoration Cash
Bond .
Name of Project: Adams Fairacre Farms
Grid Number: 6157-04-647343
Location: 160 Old Post Road
Date project received: April 10. 2007
Date final resolution signed by chairman: March 19. 2012.
Total Escrow Deposited: $71,000.00 Balance remaining: $64.350.72
Date: November 7, 2012
Reason for escrow retum:
^Project completed with signed maps with the Planning Board / ZBA.
IIProject withdrawn by applicant on (date)
Project completed with CO issued by building department on
10/31/2011 (Site Restoration Cash Bond)
^Road Escrow: Project completed on (date)
This project has been completed /withdrawn and the return of escrow has been
requested by:
Patrick Adams Adams Fairacre Farms
Print Name
Company
Sue Rose, Planning Board Secretary:
Barbara Roberti, Zoning Administrator:
Graham Foster, Highway Superintendent:
Robert Gray, Town Engineer:
Amount to be returned: 564,350.72.
Verified:
Fredrick Awino,
Town Accountant:
Date:
NOV/07/2012/WED 01:45 PM
P, 002
~~~~tiat
Barbara Roberti, Yoning Administrator
Town of Wappinger
2b Middlebush Road
Wappingers Falls, NY 12590
Barbara Roberti:
am requesting the return of the escrow balante for xhe project Adams F it cre Farm
Application # 11-3244
In the amount of $ $6~F,35fJ•72
106 Old Post Road
Address
~J -~ 7 E~
~ ~
a \ ._,
Signature
Title
Print N2me
ij ~ ~z -
Date
#11-3244 ADAMS FAIRACRE FARMS
Address: 160 Old Post Road, Wappingers Falls, NY 12590
2011
10/28/2011 Escrow Fee
2012
6/13/2012 Roberts-May
11/2/2012 Transfer of F~
ESCROW ESCROW ESCROW ESCROW
FEE'S RECD CHARGES BALANCE
7't,OQ0:00 $71,000.00
%~
$66.00 $70,934.00
ends to Road Insp. 6583.28 $64,350.72
ADAMS FAIRACRE FARMS ~ C? ~ ~ ~~~G'J
Address: 765 Dutchess Turnpike, Poughkeepsie, NY 12601 845-454-4330
FEE'S ESCROWS ESCROWS ESCROWS
2010 RECD RECD CHARGES BALANCE
8/20/2010 ESCROW RECD 20,000.00 / 20,000.00
8/4/2010 Clark Patterson Lee-July 1,038.00 18,962.00
10/4/2010 Clark Patterson Lee-July,Aug.,Sept. 8,370.90/ 10,591.10
11/9/2010 Clark Patterson Lee-Oct. 7,121~r~33 ~/ 3,469.47
2011
2/3/2011 Ctark Patterson Lee- Jan. 2,385.75/ 1,083.72
10/21/2011 Clark Patterson Lee-Sept. 4,545.38 (3,461.66)
11 /30/2011 Clark Patterson Lee- Nov 2,546.63/ (6,008.29) ~ 1V ~~
1/9/2012 Clark Patterson Lee-Dec 574.99 (6,583.28) r~ l
2012
11/2/2012 Transfer of funds from #11-3244 6,583.28 -
. ^ ~
TOWN OF WAPPINGER
P.O. Box 324 _ 20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 1 2590
Planning Board
Office: 845.297.1373 ~ Fax: 845.297.4558
Zoning Enforcement officer
Office: 845.297.6257
www.townofwappinger.us
Application 1=or Site Plan Approval
Application # ~' i~" --~f ~"~~~
~'
Fee Received: ~~.~~ ~~~ ~_~~~
TITLE OF PROJECT: Adams Fairacre Farms
NAME & ADDRESS OF OWNER:. ams airacre
765 Dutchess Turnpike oug eepsiE
Dated: ;~l ~'t" i ~ I ~__- ~ C.<:' 1
'; ,..-~ >
Escrow Received: ~~~`-~ ~~~~-~~-~~ ~~~'~
arms
Street Town State Zip Phone No.
NAME & ADDRESS OF APPLICANT (if different from owner): N/A
Street Town State Zip Phone No.
Grid No. 6157-04-649374, 6157-04-614375 and 6157-04-649335
Please specify use or uses of building and amount of floor area devoted to each:
Existing Use: Commercial, Residential and Other
Proposed Use: ommercia
Existing Sq. Footage: ~ s Use: esi entia w etac a garages
~~ Use: ommercia
Location of Property: ou e 4 Old os oa own o appinger, ew or
Zoning~District: NB and HD
Anticipated No. of Employees:
Existing No. of Parking Spaces:
Acreage: 12.84
Proposed No. of Parking Spaces: 365
Signed: ~1 ~~ ~ P `
A plvcant Pat ~1d ~ u
~ P G~:
Dated: `fi"- `~% ~ ~ 7 ~ ~~ ~~ ~p~
~~. , ~~
Note: *The applicant is responsible for the cost involved in publishing the required legal notice
in the local newspaper;
* If Special Use Permit for the above use has been applied for, please check ^
* Application Fees arc non-refundable.
TOW004.PB-ASPA (4-d3 Rcv) 1 of 1
I'.S'~ ~ ~T ]l
,mot 4 {„.
~~ ? ~~
.T l
•,.;:
°~
~`'~ °`~•~~?~
Vi ....~~, ./'~~
03/19/12
RESOLUTION
TO~~rN OF ~~%APPINGER PLANNING BOARD
RE: ADAMS F:AIRACRE FARMiS -RESOLUTION OF FOURTH AMENDED
SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS
At a regular meeting of the Planning Board of the Town of Vdappinger, Dutchess
County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York
'" da of ~~ : ~? ~=<~i~ 2012 at 7:00 P.M.
on the % y }~ ~`
The meeting was called to order by Chairman Victor Fanuele and upon roll being
called, the following were:
PRESENT: Chairman - Victor Fanuele
Boardmembers - Angela Bettina
- Marsha Leed
- Francis Malafronte
- Constance Smith
- Robert L. Valdati
- .June Visconti
The following resolution was moved by ,~,-,~~_ ~~ ,~~,,;;,,t,-~ ~ and seconded
by ~ ~, 6~~;1 ~r;..Q ~Q~c- I
WHEREAS, on February 2, 2009, the Town of Wappinger Planning Board
adopted a Resolution of Site Development Plan and Wetlands Permit Approvals to the
application of Adams Fairacre Farms, Inc. {the "Applicant") for the construction of a
71,754 square foot facility, including a grocery stare and garden center, warehouse,
tropical green house, poly house, shade house, outdoor nursery and offices; and
V~rHEREAS, on October 19, 2009, the Planning Board adopted the First Resolution
of Amended Site Development Plan and Wetlands Permit Approvals for the project; and
WHEREAS, on March 21, 2011, the Planning Board adopted the Second Resolution
of Amended Site Development Plan and Wetlands Pern~it Approvals for the project; and
WHEREAS, on September 19, 2011, the Planning Board adopted the Third
Resolution of Amended Site Development Plan and Wetlands Permit Approvals for the
project; and
~~~~
--- ~/ ~~
.' ~~
,~= Clark Patterson Lee
ors.ci~ rF; irc~,iu^:.,~
September ? 7. 2U l 2
~~~ ~ ~ l~
Ms. Barbara Roberti, Toning, Administrator ~ ....... ..... .
To~~m of VJappinC~er ... . •,:, ; : ~_;; R~CEIVEC;
20 Middlehush Road
~'apping,er Falls, NY l 2590
Gid C ~ ~~r~~ I~ ~ ~ r:~:.~ro,.
Re: Adams fairacre Farms Site Plan ~rc,, r~ ~ r ~;. r ,_;.
~f~
"I'ax Grid ~ 6157-04-649374/6]4375/649335
152,154 & 158 01d Post Read
Job# 1 1=412.01
Dear Ms. Robei-li:
In 2011, CPL observed the installation of the off-site ~~~at.er and wastewater facilities
constructed by the applicant, including testing and certification, and concurred with the
acceptance of operation of the water and wastewater systems. At that time, CPL
recommended that an escroUl account be established for incomplete items.
Based on our discussions and observation through September, CPL has noted that all
work subject to the escrow account were either completed or removed from the scope
through site plan modifications approved by the Planning Board. At this time, we
recommend that the Town release the escrow account in the amount of $71,000.
if you have any questions, please do not hesitate to contact us.
Sincerely,
CLARK IPATTERSON LEE
G ,
Greg W. Bolner, 1'.E.
Principal Associate
l
cc: Chairman Fa~n~ele~
Barbara Roberti, Toning Administrator
Albert P. Roberts, Esq.
i ~_!~~. ,~~_~ r
9~C Corporate Bo: Bevan'
]Newburgh, IVY 12i 50
clark~:~alt~rsoi~,.cor~
sna2~4.~,000 ~..
P45.C~67.i3F;jq r;,
A DAM` ~S
FAIRACRE FARMS
Town of Wappinger:
t.~
~..
~~~~
~~
Piease take the balance due from account "Road Inspection" in the amount of $6583.28 from our
balance owed us on account #11-3244. This will leave account #11-3244 with a balance of $64350.72
after the funds have been transferred. We also have a third account, #10-6016PP, with a current balance
of $$4225.28 that we would like to close. My name is Greg White, Assistant Controller of Adams Fairacre
Farms. Also signing this is Patrick Adams, owner of Adams Fairacre Farms.
Greg White
~-
765 Dutchess Turnpike
Poughkeepsie, New York 12603
t: 845- 454-4330
{~~ 845-454-4337
Patrick Adams
`_ .
zo~za adamsforms. com
t56o Ulster Avenue. 124.0 Route 300
Lake Katrine. New York i2q.49 Newburgh. New York t2 J50
t:845-336-6300 t:845-569-0303
f:845..-336-4146 f: 845-56g-o26q
rho ola Pest xoaa
Wappinger. New York t25!~o
t: 845-632-995:1
f: 845-2g7-2159
L]Llf~'// ~\
FAIRACRE FARMS
~~ fGt
~~l
Town of Wappingers
Please take the balance due from account "Road Inspection" in the amount of $6583.28 from our
balance owed us on account #11-3244. This will leave account #11-3244 with a balance of $64350.72
after the funds have been transferred. We also have a third account, #10-6016PP, with a current balance
of $4225.28. We would like to close all three escrow accounts and request a return of all escrow money
for these accounts. My name is Greg White, Assistant Controller of Adams Fairacre Farms. Also signing
this is Patrick Adams, owner of Adams Fairacre Farms.
Greg White
Patrick Adams
~ u~ zee a d a m s f a r• m s. c o m
j 65 Dutchess Turnpike 1560 Ulster Avenue i2q.0 Route 300
Poughkeepsie, New York [2603 Lake Iiatrine, New York 12449 Newburgh, New York 12550
i 845-454-433o t:845-336-6300 t: 845-56g-o3o3
f:845-454-4337 f=845-336-4146 f:845-569-oz64
16o Old Post Road
Wappinp~er, New York 12590
t:845-632-9955
f: 84J-zg7-2159
Sue Rose
From: Walter Artus [w.artus@verizon.net]
Sent: Monday, March 04, 2013 3:17 PM
To: Barbara Roberti
Cc: Inez Maldonado; Sue Rose
Subject: RE: Adams Fairacre Farms
Barbara:
No. there will be no further bills
Thank you,
Walter
Walter R. Artus, CPESC, CMS4S
Stormwater Management Consultants, Inc.
P.O. Box 202
LaGrangeville, New York 12540
Phone: 845-462-0022
Fax: 845-462-0033
Cel I: 845-489-5315
w.artus verizon.net
From: Barbara Roberti [mailto_BRoberti@townofwappinaer.us]
Sent: Monday, March 04, 2013 3:11 PM
To: w.artus@verizon.net
Cc: Inez Maldonado; Sue Rose
Subject: RE: Adams Fairacre Farms
Walter,
Will there be any additional bills for Adams Fairacre Farms? If so, please notify Inez and Sue Rose.
Barbara