2020-62
2020-62
Resolution Accepting Undertaking Secured By Letter Of Credit For Restoration In
Connection With Nerp Holdings And Acquisitions Company, Llc 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 February
10, 2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-62
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilman Beale.
WHEREAS, the Applicant is the contract-vendee for a certain 5.89 acre parcel of property
located along the west side of Route 9 to the north of Fowlerhouse Road that is designated as
Tax Parcel 6157-04-539374 on the tax map of the Town of Wappinger (the “Property”); and
WHEREAS, the Applicant has made application for site development plan approval for
the construction of a 19,097 square foot retail store with associated improvements such as
parking, utilities, outdoor display areas and drainage improvements on the Property (the
“Project”); and
WHEREAS, on July 15, 2019, the Planning Board of the Town of Wappinger (the
“Planning Board”) adopted a Resolution which determined that no significant adverse
environmental impact would be caused by the Project and authorized the issuance of a Negative
Declaration; and
WHEREAS, during the SEQRA review process the Applicant provided evidence that
there was no suitable habitat on the site for rare, threatened or endangered species; and
WHEREAS, on September 16, 2019, the Town of Wappinger Planning Board adopted a
Resolution of Conditional Site Plan Approval for the Project and the Applicant has been
diligently obtaining the approvals need to satisfy the conditions of the Resolution, and
WHEREAS, in January of 2020, the Applicant made a request pursuant to §240-93.1 of
the Zoning Code to permit the cutting of trees on the property, prior to the satisfaction of all of
the conditions set forth in the Resolution of Conditional Approval, since US Army Corps of
Engineers and NYS DEC standard protocols prohibit the cutting of trees between, April 1 and
September 30 to minimize the possibility of disturbing the migration of Indiana Bats; and
WHEREAS, the Planning Board adopted a Resolution pursuant to §240-93.1 on
February 3, 2020 granting the Applicant’s request to cut the trees in the area of site plan
disturbance subject to the condition that the owner agree to replant a screen of trees in the event
final site plan approval is not granted; and
WHEREAS, the Applicant is to execute and deliver to the Town an Undertaking secured
by a Letter of Credit in the amount of $20,350.00, 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 Letter of Credit posted in the event the Applicant 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 Town Board hereby determines that the Undertaking executed by NERP
Holdings and Acquisitions Company, LLC and secured by a Letter of Credit in the sum of
$20,350.00, is acceptable and sufficient as a guarantee to secure the obligation to restore the
project site in the event the Applicant clears the trees and does not satisfy the conditions of the
Resolution of Conditional Site Plan Approval within the time for approval set by the Zoning
Code or any extension of time for approval granted by the Planning Board.
2. The Town Board hereby accepts the Undertaking executed by NERP Holdings
and Acquisitions Company, LLC, having an address of 150 Hartford Avenue, Wethersfield,
Connecticut 06109, secured by a Letter of Credit in the amount of $20,350.00, as security for the
faithful performance for the completion of the obligations set forth in the Undertaking.
3. The original Letter of Credit and the original Undertaking in the amount of
$20,350.00 is to be placed on file with the Town Clerk.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
2/10/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK