2018-1902018-190
Resolution Accepting Undertaking Secured By Restoration Bond In Connection With Old
Hopewell Commons - (Roberti/Thurston)
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 August 6,
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 -2018-190
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Voter
2
❑
❑
❑
Michael Kuzmicz
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, the TLA Realty, Inc. ("Owner") is the owner of a 6.45 -acre parcel of real
property located on Sergeant Palmateer Way in the Town of Wappinger designated as Tax Parcel
6157-02-542585 (the "Property") which was granted conditional Site Plan Approval by the
Town of Wappinger Planning Board; and
WHEREAS, there are two outstanding conditions which must be fulfilled before site
plan approval and building permits can be issued; and
WHEREAS, during the SEQRA review process the Owner provided evidence that there
was isolated 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 building permit; and
WHEREAS, on July 16, 2018, the Planning Board granted the Owner's request to cut
the trees in the area of Site Plan disturbance subject to the condition that the owner agree to
replant trees in the event Site Plan Approval was not granted and said agreement was to be
secured by a Bond, Letter of Credit or a Deposit of Cash in an amount fixed by the Engineer to
the Town; and
WHEREAS, the Owner has delivered to the Town an Undertaking secured by a cash
Deposit of $5,000.00 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 Restoration Bond posted in the event the Owner does not receive site
plan approval and the project site is not restored in accordance with the terms of 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 Supervisor
Thurston and secured by a Cash Deposit in the sum of $5,000.00, 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 as provided in the Undertaking.
3. The Town Board hereby accepts the Undertaking dated August 6th, 2018,
executed by Supervisor Thurston, secured by a Cash Deposit in the total sum of $5,000.00, as
security for the faithful performance for the completion of the obligations set forth in the
Undertaking.
4. 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: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
8/6/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK