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2016-133 2016-133 Accepting Undertaking Secured By Cash Deposit For Restoration With Dunkin Donuts - Rte 9D Project 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 April 11, 2016. The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2016-133 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Ciccarelli. WHEREAS, Chen Realty-Route 9D, LLC, a domestic New York State limited liability company, having an address of 19 Hillcrest Court, Wappingers Falls , New York 12590, hereinafter referred to as the "Owner", has made application for site plan approval to the Town of Wappinger Planning Board for the construction of a commercial structure on certain lands located at 2026 Route 9D that are designated as Tax Parcel 6056-02-746856 on the tax map of the Town of Wappinger (the "Property"); and WHEREAS, on March 21, 2016, the Planning Board of the Town of Wappinger adopted a Resolution which determined that no significant adverse environmental impact would be caused by the project and authorized the issuance of a Negative Determination of Significance pursuant to SEQRA.; and WHEREAS, during the SEQRA review process, the Owner provided evidence that there was no habitat on the site for rare, threatened or endangered species; and WHEREAS, the Owner of the Property made a request to allow the cutting of trees on the Property, prior to the issuance of a Resolution of Site Plan Approval 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 21, 2016 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 re-plant trees in the event the Site Plan Approval was not granted and 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$17,500.00; and WHEREAS, the Owner has delivered to the Town an Undertaking secured by a Cash Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of$17,500.00 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 March 21, 2016. 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 Chen Realty-Route 91), LLC and secured by a Cash Deposit in the sum of$17,500.00, 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 re-plant trees in the event Site Development Plan Approval is not granted all as set forth in the Planning Board Resolution of March 21, 2016. 3. The Town Board hereby accepts the Undertaking dated March 25, 2016, executed by Chen Realty-Route 91), LLC, a New York State limited liability corporation, having an address of 19 Hillcrest Court, Wappingers Falls, New York 12590, secured by a Cash Deposit in the form of an Official Check issued by Rhinebeck Bank, bearing No. 6195019 in the amount of $17,500.00 paid to the order of 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 March 21, 2016. The Town Supervisor is directed to deposit the aforementioned Cash Deposit 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: RESULT: ADOPTED [UNANIMOUS] MOVER: Michael Kuzmicz, Councilman SECONDER: William Ciccarelli, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 4/11/2016 The Resolution is hereby duly declared Adopted. JOSS P P. PAOLONI, TOWN CLERK