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2009-084Resolution Authorizing Refund of Unused Escrow for Contrail, LLC Amended Site Plan (Account 03-3079) Later Known as A&B Restaurant Equipment - 182 Old Route 9 (Contrail, LLC) Amended Site Plan (Account 07-3138) 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 9, 2009. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Joseph P. Paoloni Maureen McCarthy The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, on or about December 30, 2003, Frank Buyakowski, on behalf of Contrail, LLC (hereinafter the "Applicant"), filed an application for approval of an Amended Site Plan known as the "Contrail, LLC Amended Site Plan" under Application Number 03-3079; and WHEREAS, on or about May 23, 2007, the Applicant further submitted an application for approval of an Amended Site Plan known as the "A & B Restaurant Equipment - 182 Old Route 9 (Contrail, LLC) Amended Site Plan" under Application Number 07-3138; and WHEREAS, on or about, December 20, 2003, the Applicant deposited Seven Thousand, Five Hundred Dollars and 00/100 ($7,500.00) into an escrow account with the Town of Wappinger for payment of the fees of the Town's professionals to review the application; and WHEREAS, additional escrow deposits of Three Thousand, Ten Dollars and 00/100 ($3,010.00) and One Thousand, Five Hundred Dollars and 00/100 ($1,500.00) were made on June 1, 2005 and January 7, 2007, respectively; and WHEREAS, the application was approved and the Amended Site Plan was signed on June 26, 2007; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Two Thousand, Five Hundred Seventy Dollars and 55/100 ($2,570.55) remains in the escrow account, and Applicant has requested a refund of said escrow balance; and WHEREAS, the Town Accountant has reviewed the escrow account and has determined that a refund is due to the Applicant NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby authorizes that a payment in the total amount of Two Thousand, Five Hundred Seventy Dollars and 55/100 ($2,570.55) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 07-3138. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 2/9/2009 The Resolution is hereby duly declared adopted. J HN C. MASTERSON, TOWN CLERK S - TOWN OF WAPPINGER upervisor office, 20 MIDDLEBUSH ROAD JAN 2 7 2009 WAPPINGERS FALLS, NY 12590 Received Zoning Administrator Building Inspector Office: 845-297-6257 Office: 845-297-6256 Fax: 845-297-0579 Fax: 845-297-0579 www.townofwappinger. Us RELEASE OF ESCROW FUNDS Date:_ January 26, 2009 Project Account Number: 07-3138 Name of Project:_ Contrail. LLC aka (A & B Restaurant) Grid Number: 6156-02-848675 Location: 182 Old Route 9 Start date of project: First agenda 6-4-2007 Date of last PB / ZBA appearance: June 18, 2007 Original Escrow Deposit: $_7,500.00 Date: 12-30-03 Receipt# 7714 Additional Deposits: $3.010.00 Date 6-1-05 Receipt# 8798 / $1,500.00 Date 1-7-07 Receivt # 1047 gyto on for escrow return: ject ( original escrow) completed with signed maps with the Planning Board / ZBA on (date) June 26. 2007 ❑Project withdrawn by applicant on (date) ❑Project ( Post Planning Escrow) completed with CO issued by building department on (date) IIRoad Escrow: Project completed on (date) Amount to be returned: $2,570.55 This project has been completed / withdrawn and the return of escrow has been requested by: Frank Buyakowski Owner/Applicant (Contrail, LLC) Print Name Company *Please note that this project has been verified as complete or withdrawn by the following as applicable: Barbara Roberti, PB Secretary: Tatiana Lukianoff, Zoning Admi Graham Foster, Highway Superi Robert Gray, Town Engineer: Amount to be retu Comptroller's Department. LU ;:K Ok V X1 TOWN OF WAPPINaER, NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER r -ow r,(!hc 1. L 0 CLAIMANT'S nU r /N NAME AND /\ 1 I (�D / ADDRESS / I/t nr / ,?'1133 L J Purchase Order No. DO NOT WRITE IN THIS BOX TERMS VENDOR'S REPNO. GATES QUANTITY DESCRIPTION OF MATERIALS OR SERVICES UNIT PRICE AMOUNT 8-7-08 Return of Escrow for Account Number 07-3138 A & B Restaurant Z�5 7d I���-iYa, L L , -L42) C, o 7- 3l 3�g - - R ©a 65- -Bto( NO 1 2008 ZONING TOWN OF ; Li,y W f PPINGER TOTAL Zr 5 +70 �4 rJ certify that the above account in the amount o1 S is true and correct: that the items. service,. and disbursements charged were rendered to or for the municipauy on the dates stated; that no part has been paid or sauatled: that taxes. from which the municipally is exempted, are not included; and that the amount claimed is actual /, !>d' Ale/YJe_L��,IW14G DATE SIGNATURE TITLE (SPACE BELOW FOR MUNICIPAL USE) DEPARTMENT APPROVAL The above services or materials were rendered or furnished to the municipality on the dates stated and the charges are correct DATE AUTHORIZED OFFICIAL APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE COMPTROLLER COMPTROLLER JEAN GALLUCCI TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 (845) 297-0060 FAX: (845) 297-7214 SUPERVISOR CHRISTOPHER J. COLSEY TOWN COUNCIL WILLIAM H. BEALE VINCENT BETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI (� I f 7 Tatiana Lukianoff, Zoning Administrator /-oiling Bepaft=Cnt N9 V 13 2'] T3 Town of Wappinger 20 Middlebush Road zor�lr '` 'Al - RATOW TOWN !NGER Wappingers Falls, NY 12590 Tatiana Lukianoff: I am requesting the return of the escrow balance for the A'& s Restaurant App�icati n # ��-3138 /in,a amount of �7O- JrJ` t . ,Siglnit4re Fran- PJuUliknco.-- Ocone'K Date #07-3138 A & B RESTAURANT Attn: Frank Buyakowski, 1906 Rte 52, Suite H, Wiccopee Plaza, Hopewell Jct.,NY 12533 YEAR DATE 2003 12/30/2003 12/24/2003 2004 1/30/2004 2/9/2004 2/13/2004 2/29/2004 3/2/2004 3/15/2004 3/15/2004 4/2/2004 4/26/2004 6/3/2004 7/7/2004 7/7/2004 7/30/2004 8/16/2004 10/4/2004 10/27/2004 11/29/2004 2005 Feb -05 ROBERTS 6/1/2005 ESCROW -new pro 6/22/2005 PAGGI 6/1/05 ROBERTS 7/1/05 PAGGI 7/1/05 ROBERTS 6/1/05 CLARKS 8/1/05 ROBERTS 7/1/05 CLARKS 10/1/05 CLARKS 10/1/05 ROBERTS 10/1/05 PAGGI 12/1/05 ROBERTS 1/7/2007 1/19/2007 ROBERTS-JAN 1/26/2007 PAGGI-JAN 2/15/2007 CLARK -JAN 2/27/2007 ROBERTS-FEB 3/2/2007 PAGGI-FEB #05-3106 CONTRAIL LLC AMENDED SITE PLAN DEPOSIT BILLING AMOUNT PECTION BILL AMOUNT BALANCE $7,500.00 ESCROW PMT. CLARK-NOV PAGGI-JAN ROBERTS-JAS CLARK -JAN PAGGI-FEB ROBERTS-FEE CLARK -FEB CLARK -FEB ROBERTS-MAI CLARK -MAR CLARK -APR CLARK -JUN ROBERTS-JUt PAGGI-JUL CLARK-JUL ROBERTS-SEF CLARK -SEP CLARK -OCT 3010.00 $385.00 $150.00 $195.00 $646.70 $75.00 $105.00 $138.00 $783.00 $60.00 $237.00 $20.00 $455.40 $30.00 $53.75 $91.40 $30.00 $82.80 $759.00 30.00 481.50 165.00 229.50 120.00 141.40 75.00 72.00 18.00 45.00 61.50 45.00 06-3134 (contrail)182 Old Route 9 6156-02-848675 1,500.00 150.00 223.75 331.00 300.00 165.00 $7,500.00 $7,115.00 $7,115.00 $6,965.00 $6,770.00 $6,123.30 $6,048.30 $5,943.30 $5,805.30 $5,022.30 $4,962.30 $4,725.30 $4,705.30 $4,249.90 $4,219.90 $4,166.15 $4,074.75 $4,044.75 $3,961.95 $3,202.95 $3,172.95 $6,182.95 $5,701.45 $5,536.45 $5,306.95 $5,186.95 $5,045.55 $4,970.55 $4,898.55 $4,880.55 $4,835.55 $4,774.05 $4,729.05 $4,729.05 $6,229.05 $6,079.05 $5,855.30 $5,524.30 $5,224.30 $5,059.30 3/21/2007 CLARK -FEB 643.50 $4,415.80 4/4/2007 ROBERTS-MAR 390.00 $4,025.80 $4,025.80 BALANCE 4/22/07 JPG CLARK BILLS FOR MAR NOT RECD YET. 5/8/2007 Roberts -April 15.00 $4,010.80 6/1/2007 Paggi-May 171.25 $3,839.55 6/5/2007 Roberts -May 30.00 $3,809.55 6/5/2007 Roberts -May 60.00 $3,749.55 6/28/2007 Clark -May 34.50 $3,715.05 6/29/2007 Paggi-June 30.00 $3,685.05 6/29/2007 Paggi-June 90.00 $3,595.05 7/6/2007 Roberts -June 240.00 $3;355.05 7/25/2007 Clark -June 784.50 $2,570.55 4/14/2008 Letter to Re Escrow $3,839.45 5/29/2008 Letter to Re Escrow $3,839.45