2022-56 2022-56
Resolution Accepting Undertaking Secured By Cash Deposit For Restoration In Connection With Myers
Run
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 14, 2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2022-56
2 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter 2 ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Mover 2 El El El
Al Casella Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by Casella.
WHEREAS, Myers Run, LLC ("Applicant/Owner") is the applicant/owner of two parcels of real property
totaling 30.9 acres located on Myers Corners Road in the Town of Wappinger designated as Tax Parcels 6258-04-
976478 and 6258-04-032492 (the "Property") which is being reviewed for Subdivision and Site Development Plan
Approvals by the Town of Wappinger Plannina Board; and
WHEREAS, the Applicant/Owner has made a request, pursuant to § 217-28 of the Code of the Town of
Wappinger, to allow for limited tree clearing on the Property,prior to the signing of the Final Subdivision Plat in
order to have the trees cut within the allowable season to avoid impacts to Indiana Bats; and
WHEREAS, the Applicant/Owner has delivered to the Town a Cash Deposit in the form of a Bank Check
in the amount of$13,398 as security for the restoration of the property in the event that Final Approval is not
granted; and
WHEREAS, the terms of the Undertaking authorize the Town of Wappinger to draw against the
aforementioned Cash Deposit in the event the Applicant/Owner does not receive Final Approval and the project
site is not restored in accordance with the terms of the Undertaking.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that the Cash Deposit
in the form of a Bank Check in the amount of$13,398 is acceptable and sufficient as a guarantee to secure the
obligation to restore the project site in the event the Applicant/Owner does not fulfill its obligations as provided in
the Undertaking; and
BE IT FURTHER RESOLVED, that the Town Board hereby accepts the Cash Deposit in the total sum of
$13,398, as security for the faithful performance for the completion of the obligations set forth in the Undertaking;
and
BE IT FURTHER RESOLVED, that 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: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, CasellaDated: Wappingers Falls, New York
3/14/2022
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI TOWN CLERK
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