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2008-2012008-201 Resolution Authorizing Refund of Unused Escrow for DCH Wappingers Falls Toyota (Account 06-3131) 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 June 23'd, 2008. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina (departed at 9:55 PM) Maureen McCarthy Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, on or about August 16, 2006, DCH Wappingers Falls Toyota filed an application for approval of an Amended Site Development Plan under application number 06- 3131; and WHEREAS, on or about August 16, 2006, DCH Wappingers Falls Toyota deposited Twenty -Two Thousand, Five Hundred Dollars and 55/100 ($22,500.00) 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 November 7, 2007, DCH Wappingers Falls Toyota further deposited Thirty Thousand, Six Hundred Twenty Dollars and 00/100 ($30,620.00) with the Town of Wappinger; and WHEREAS, the Amended Site Development Plan was withdrawn on May 8, 2008; and WHEREAS, all professional fees incurred during the review of application number 06- 3131 have been paid and a balance of Forty -Nine Thousand, One Hundred Seven Dollars and 50/100 ($49,107.50) remains in the escrow account and DCH Wappingers Falls Toyota has requested a refund of said escrow balance; and WHEREAS, the Director of Code Enforcement, Planning Board Secretary and the Escrow Account Clerk have reviewed the application and the escrow account and have determined that a refund is due to DCH Wappingers Falls Toyota. NOW, THEREFORE, BE IT RESOLVED, that a payment in the total amount of Forty -Nine Thousand, One Hundred Seven Dollars and 50/100 ($49,107.50) shall be made to DCH Wappingers Falls Toyota representing a refund of the remaining escrow balance for Amended Site Development Plan Application Number 06-3131. 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: AYE Dated: Wappingers Falls, New York 6/23/2008 The Resolution is hereby duly declared adopted. —0- LO*Az:�' fl -IN C. MASTERSON, TOWN CLERK TOYOTA DCH Wappingers Falls Toyota May 8, 2008 Mrs. Barbara Roberti Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Dear Barbara, 1349 Route 9 Wappingers Falls, NY 12590 Phone 845.298.8880 fox 845.297.6010 www.dchwappingerstoyota.com ';1,s\`( 1 2,393 Please allow this letter to confirm our conversation from earlier. The DCH Auto Group previously submitted several site plan applications to the Town Of Wappinger. One of the projects was completed, and all others have been abandoned. Accordingly, I would respectfully request that all of our unused escrow money for the above referenced projects be returned to the dealership. Please feel free to contact me if you have any further questions. Very truly yours, Lee W. Burns General Manager TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Administrator Building Inspector Office: 845-297-6257 Office: 845-297-6256 Fax: 845-297-0579 Fax: 845-297-0579 www.townofwappinger. Us RELEASE OF ESCROW FUNDS Date:_ Mav 30, 2008 Project Account Number: 06-3131 Name of Project: DCH Auto Group & Prep Center Grid Number: 6157-02-553706 Location: Old Route 9 Start date of project: August 18, 2006 Date of las(PB /)ZBA appearance: December 3. 2007 Original Escrow Deposit: $22,500.00 Date: August 16, 2006 Receipt # Second Escrow Deposit: $30,620.00 Date: November 7, 2007 Receipt # 1128 Reason for escrow return: ❑Project ( original escrow) completed with signed maps with the Planning Board / ZBA on (date ) IIPProject withdrawn by applicant on (date) Project ( Post Planning Escrow ) completed with PO 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: Lee W. Burns General Manager Signature Lee W. Burns DCH Wappinger Falls Toyota Print Name Company *Please note that this project has been verified as complete or withdrawn by the following as applicable: Barbara Roberti, PB Secretary: Tatiana Lukianoff, Zoning Adr George Kolb, Director of Code Graham Foster, Highway Superintendent: Robert Gray, Town Engineer: Amount to be returned is to be verified by the Comptroller's Department. TOWN OF WAPPINQER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER DCH Wappinger Toyota CLAIMANT'S Attn: Mr. Lee Burns DDRESS AS 1349 Route 9 ADDRES Wappinger Fall, New York 12590 L_ J Purch as Order No DO NOT WRITE IN THIS BOX TERMS VENDOR'S AEF.NO. 1, $49,107.50 is Wa and correct: That the items, services. and disbursements charged wan rendered to or for the municipalityC*rl' on he dates tY that the bsta dove ` that no pan hcount in the as been Paid S municipally is exempted. are not included: and that the amount claimed is oclualty due Dab a aafisfled: that lase!, from which the DATt— SIGNATURE (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 TOWN OF WAPPINGEE, COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590.0324 Tatiana Lukianoff, Zoning Administrator ZU111llg D,aPar tim,ent town of rrayjj.uig�i 20 Middlebush Road SUPERVISOR Christopher Colse TOWN COUNCIL VINCENT SETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI William Reale. Wappingers Falls, NY 12590 Tatiana Lukianoff. I am requesting the return of the escrow balance for the DCH Auto Group prcizCenter Application # 06-3131 in the amount of $49,107.50 S ignature Lee W. Burns, General Manager, I C&M Date #06-3131 FEES 2006 R EC' D 8/16/2006 ESCROW FEES 9/1/2006 PAGGI 9/8/2006 ROBERTS 10/5/2006 ROBERTS 10/20/2006 CLARK Audit 6/28/07 fd 2007 11/7/2007 Escrow Pmt. 12/6/2007 ROBERTS 12/14/2007 CLARK-NOV 12/21/2007 ROBERTS 2008 1/18/2008 CLARK -DEC DCH AUTO GROUP PREP & SERVICE CENTER ESCROW ESCROW ESCROW REC'D CHARGES BALANCE 22,500.00 22,500.00 328.00 22,172.00 15.00 22,157.00 150.00 22,007.00 130.00 21,877.00 30620.00 52,497.00 90.00 52,407.00 2360.50 50,046.50 225.00 49, 821.50 714.00 49,107.50