2015-2016 2015-216
Resolution Accepting Performance Bond Secured By Bond In Connection With Prestige
Mini Of Wappinger 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
September 29, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓Vote Record-Resolution-RES 2015=216
Q Adopted Yes/Aye No/Nay Abstain Absent
...... ....
❑ Adopted as Amended Barbara Gutzler _ Voter _ Q _ _ ❑ ❑ ❑
❑ Defeated William Ciccarelli I Voter �Q ❑ ❑ 11
11 Tabled ._William._H.._Beale.....................................................Mover........e..................._Q ❑ ❑ ❑
............................................._.................................................................j...........................................
❑ Withdrawn Ismay Czarniecki ( Voter ❑ ❑ ❑ Q
............................................................................................................................
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, Pepper White Partners, LLC had made application to the Town of Wappinger
Planning Board for Site Development Plan, Special Use Permit and Wetlands Permit Approvals
for the construction of a 18,750 square foot motor vehicle sales establishment on 4.41 acres in
the HB Zoning District on certain lands located at 1162 Route 9, Town of Wappinger, and
designated as tax map parcel # 6157-04-659168 (which includes the former tax map parcel#
6157-04-674155); and
WHEREAS, on November 18, 2013,the Town of Wappinger Planning Board adopted a
Resolution of Final Site Development Plan, Special Use Permit and Wetlands Permit Approvals
for this project; and
WHEREAS, on September 3, 2014,the Town of Wappinger Planning Board adopted a
Resolution of Final Subdivision Plat Approval for a Lot Merger consolidating tax map parcel#
6157-04-674155 (4.41 acres in size) and tax map parcel# 6157-04-659168 (1.91 acres in size)
for a combined acreage of 6.32+/-; and
WHEREAS, on September 3, 2014,the Town of Wappinger Planning Board also
adopted a Resolution of Amended Site Development Plan, Special Use Permit and Wetland
Permit Approvals for the construction of a 18,750 square foot motor vehicle sales establishment
on 6.32+/- acres in the HB Zoning District; and
WHEREAS,thereafter a Building Permit was duly issued for the construction of the
project; and
WHEREAS, on September 21, 2015,the applicant appeared before the Town of
Wappinger Planning Board to discuss issues relating to the Site Plan, specifically improvements
relating to the landscape berm in the northwest corner of the site; and
WHEREAS,the Town of Wappinger Planning Board determined, at the September 21,
2015 meeting,that a Temporary Certificate of Occupancy would be considered by the Planning
Board at its October 5, 2015 meeting,based upon the condition of:
(1) approval, in consultation with the Town consultants, by the Planning Board of
a plan to properly complete the landscaping improvements of the berm; and
(2) filing of a$50,000 Performance Bond to secure the timely completion of said
plan; and
WHEREAS,the applicant desires to open the Prestige Mini dealership as soon as
possible and has requested the Town Board to approve the form and content of the Bond so that
the Planning Board may proceed to approve the improvement plan for the berm and authorize the
issuance of a Certificate of Occupancy at its October 5, 2015 meeting subject to the execution of
such approved Performance Bond which has been approved as to form by the Attorney to the
Town; and
WHEREAS,to secure the obligation to guarantee the completion of the required
landscaping improvements,the applicant has executed a Performance Bond dated September 29,
2015 secured by a Bond in the amount of Fifty Thousand Dollars ($50,000.00) issued by The
Service Insurance Company, Inc.,bearing Bond No. 6664N, in favor of the Town of Wappinger
as security to guarantee the completion of said landscaping improvements; and
WHEREAS,the applicant covenants and warrants to the Town of Wappinger that in the
event it fails to fully perform and complete the said improvements within 60 days hereof or at
such earlier time required by the Planning Board at its October 5, 2015 meeting,then upon the
demand of the Town of Wappinger, the Town of Wappinger shall have the right to draw upon
this Bond in an amount equal to the cost necessary to complete the said improvements in
accordance with the plan approved by the Planning Board at the October 5, 2015 meeting; and
WHEREAS,it is understood that the Town of Wappinger shall have the right to use said
security toward the completion of said improvements (as determined in the sole judgment of the
Zoning Administrator) upon the default of the applicant to remedy the same after the first given
written notice to the applicant to do so within thirty (30) days of receipt of said notice from the
Town of Wappinger; and
WHEREAS,the Performance Bond executed by the applicant further binds its heirs,
executors, administrators, successors or assigns for the faithful performance of its obligations
hereunder; and
WHEREAS,upon completion of the improvements in accordance with said plans as
determined by the Zoning Administrator,the Town of Wappinger shall release the Bond upon
request of the applicant, at which time and upon which event the applicant shall fully released
and discharged from any and all further liability or duty in respect to this Performance Bond.
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 Performance Bond executed by Chris
Tumer, Member of MWF, LLC, secured by a Bond bearing Bond No. 6664N in the sum of Fifty
Thousand Dollars ($50,000.00), in favor of the Town of Wappinger, securing the obligations to
guarantee the completion of the landscaping improvements.
The Town Board hereby accepts the Performance Bond dated September 29, 2015, executed by
MWF, LLC, secured by a Bond bearing Bond No. 6664N in the sum of Fifty Thousand Dollars
($50,000.00),posted with the Town of Wappinger as security for the faithful performance of the
completion of the landscaping improvements secured by and set forth in the Performance Bond,
with the understanding that said items will be completed within 60 days hereof or at such earlier
time required by the Planning Board at its October 5, 2015 meeting.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Barbara Gutzler, William Ciccarelli, William H. Beale, Michael Kuzmicz
ABSENT: Ismay Czarniecki
Dated: Wappingers Falls,New York
9/29/2015
The Resolution is hereby duly declared?adopted.
SEPH P. P OLONI, TOWN CLERK