2014-1042014-104
Resolution Accepting Undertaking Secured By A Cash Deposit In Connection With The
Prestige Mini Site
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 24,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina(Arrived at 7:37PM)
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, Pepper White Partners, LLC, a Limited Liability Corporation, with an
address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, hereinafter referred to as
the "Owner", has made application to the Town of Wappinger Planning Board for Special Permit
and Site Plan Approval for the construction of a 18,750 square foot Motor Vehicle Sales
Establishment on certain lands located on 1162 Route 9 in the Town of Wappinger, designated as
Tax Parcel 6157-04-674155 on the tax map of the Town of Wappinger (the "Property"); and
WHEREAS, on November 4, 2013, the Planning Board of the Town of Wappinger
adopted a Negative Determination of Significance pursuant to SEQRA indicating that the project
would have no adverse environmental impact and authorized the issuance of a Negative
Declaration; and
WHEREAS, during the SEQRA review process the Owner provided evidence that there
would be no significant adverse impacts on rare, threatened or endangered species; and
WHEREAS, on November 18, 2013, the Planning Board issued a Resolution granting
Special Permit and Site Plan Approval, conditioned upon certain conditions prior to signing of
the Site Plan; and
WHEREAS, on March 17, 2014, the Owner of the Property made a request to allow the
cutting of trees on the Property prior to the signing of the approved Site Plan since the US Army
Corps of Engineers and the NYS DEC regulations require that the cutting of trees may only take
place between October 1 and March 31 to minimize the possibility of disturbing the migration of
Indiana Bats; and
WHEREAS, the Planning Board adopted a Resolution on March 17, 2014 granting the
Owner's request to cut the trees in the area of site plan disturbance on the express condition that
the Owner agreed to replant trees in the event that the Site Plan application is withdrawn by the
Owner, or the drawings are not submitted for signature based on fulfillment of the conditions of
Site Plan Approval, said agreement was to be secured by a Bond, Letter of Credit or Cash
Deposit in an amount to be fixed by the Engineer to the Town, specifically in the sum of
$4,640.00; and
WHEREAS, the Owner has delivered to the Town an Undertaking secured by a
Cashier's Check issued by TD Bank bearing No. 52009617-3 in the amount of $4,640.00 paid to
the order of the Town of Wappinger as security for the faithful performance of the obligations set
forth in the Undertaking; and
WHEREAS, the terms of the Undertaking authorized the Town of Wappinger to draw
against the aforementioned cash security posted in the event the Owner does not restore the
project site in accordance with the terms and conditions set forth in the Planning Board
Resolution of November 18, 2013.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that the Undertaking executed by Pepper
White Partners, LLC and secured by a Cashier's Check in the sum of $4,640.00,
is acceptable and sufficient as a guarantee to secure the obligation to restore the
project site in the event the Owner does not fulfill the obligations to replant trees
in the event Site Plan Approval is not granted all as set forth in the Planning
Board Resolution of November 18, 2013.
3. The Town Board hereby accepts the Undertaking dated March 14, 2014, executed
by Pepper White Partners, LLC, a Limited Liability Corporation, having an
address at c/o Prestige BMW, 985 Route 17 South, Ramsey, NJ 07446, secured
by a Cash Deposit in the total sum of $4,640.00 in the form of a Cashier's Check
issued by TD Bank bearing No. 52009617-3 made payable to the Town of
Wappinger as security for the faithful performance for the completion of the
obligations set forth in the Undertaking and in accordance with the Planning
Board Resolution of November 18, 2013.
4. The Town Supervisor is directed to deposit the aforementioned Cashier's Check
in a bank account maintained by the Town, to be held in escrow, pending
compliance with the terms of the Undertaking.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting:
WILLIAM H. BEALE, COUNCILMAN Voting:
VINCENT F. BETTINA, COUNCILMAN Voting:
ISMAY CZARNIECKI, COUNCILWOMAN Voting:
MICHAEL KUZMICZ, COUNCILMAN Voting:
Dated: Wappingers Falls, New York
3/24/2014
The Resolution is
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duly declared adopted.
JOSEPH P. PAOLONI, TOWN CLERK