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2018-732018-73 Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Furnia Subdivision 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 12, 2018. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2018-73 Yes/Aye No/Nay Abstain Absent Q Adopted ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H. Beale Voter Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Robert Johnston Seconder Q ❑ ❑ ❑ Michael Kuzmicz Mover Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Johnston. WHEREAS, Hybrid Home Developers, LLC, a domestic Limited Liability Company, having an address of 69 Alley Road, Lagrangeville, New York 12540, hereinafter referred to as the "Owner", has made application for subdivision approval to the Town of Wappinger Planning Board for a subdivision of a 7.56 acre parcel into 9 individual residential lots for the purpose of constructing single-family residences on all of the newly created lots; and WHEREAS, the parcel is located on the northwest side of New Hackensack Road near the intersection of Daisy Lane and is designated as Tax Parcel 6158-02-948876 on the tax map of the Town of Wappinger (the "Property"); and WHEREAS, the Owner of the Property made a request for permission to cut trees on the Property, prior to the issuance of a Resolution of Final Conditional Subdivision 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, at the March 5, 2018 meeting, the Planning Board granted the Owner's request to cut the trees, but not to remove them, on the express condition that the Owner agreed to re -plant trees in the event Subdivision Approval was not granted and said agreement was to be secured by a Cash Deposit in an amount approved by the Engineer to the Town, and acceptable to the Planning Board, specifically in the sum of $7,500.00; and WHEREAS, the Planning Board intends, at its next meeting, to adopt a Negative Declaration pursuant to SEQRA for the subdivision; and WHEREAS, the Owner is to execute and deliver to the Town an Undertaking secured by a Cash Deposit in the amount of $7,500.00, in the form of a bank check or certified check, 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 authorize 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 Undertaking. 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 Hybrid Home Developers, LLC and secured by a Cash Deposit in the sum of $7,500.00, 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 Subdivision Approval is not granted all as set forth in the Undertaking. 3. The Town Board hereby accepts the Undertaking executed by Hybrid Home Developers, LLC, a domestic Limited Liability Corporation, having an address of 69 Alley Road, Lagrangeville, New York 12540, secured by a Cash Deposit in the form of a Bank Check/Certified Check in the amount of $7,500.00 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. 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: Robert Johnston, Councilman AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz Dated: Wappingers Falls, New York 3/12/2018 The Resolution is hereby duly declared Adopted. P. PAOLONI, TOWN CLERK