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2009-2772009-277 Resolution Authorizing Refund of Unused Escrow for Sonic Restaurant Site Plan ( Account 08-3159) 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 September 14, 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 (arrived at 7:05 PM) Vincent F. Bettina Maureen McCarthy (departed 10:13PM) Joseph P. Paoloni The following Resolution was introduced by Councilwoman McCarthy and seconded by Councilman Paoloni. WHEREAS, on or about April 9, 2008, Rob Kopel as Operating Partner of Daser Restaurant Group (hereinafter the "Applicant"), filed an application for approval of a Site Plan known as the "Sonic Restaurant Site Plan", under Application Number 08-3159; and WHEREAS, on or about August 8, 2008, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars and 00/100 ($3,750.00) 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 Two Thousand, One Hundred Eighty Dollars and 80/100 ($2,180.80), Six Thousand Dollars and 00/100 ($6,000.00) and Six Thousand, Two Dollars and 20/100 ($6,002.20) were made on October 18, 2008, March 25, 2009 and June 24, 2009, respectively; and WHEREAS, the application was approved and the Site Plan was signed on June 24, 2009; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Three Thousand, Five Hundred Nineteen Dollars and 00/100 ($3,519.00) 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 Three Thousand, Five Hundred Nineteen Dollars and 00/100 ($3,519.00) shall be made to the Applicant representing a refund of the remaining escrow balance for Application Number 08-3159. 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: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 9/14/2009 The Resolution is hereby duly declared adopted. au.194;;:� ilt N C. MASTERSON, TOWN CLERK TOWN OF WAPPINGERs NY P.O. Box 324, Middlebush Road Wappingers Falls, N.Y. 12590 PURCHASE ORDER & VOUCHER rDaser Restaurant Group 7 CLAIMANT'S 97 W. Patent Road NAMEAND Unit #3 ADDRESS Bedford Hills, New York 10507 L f J Purchase Order No. DO NOT WRITE IN THIS BOX Dote Voucher Received FUND -APPROPRIATION AMOUNT TOTAL 3,519.00 ABSTRACT NO, TERMS VENDOR'S RERNO. i, R nh K nn P 1 cw* that the above account in the amount of S $ 3 . 519 . 0 0 is true and cared: that fro items. servicesand disb . ursements charged were r0 ' red to Of lot the municipaNly on the dates stated: that no part has boon paid or sasslted: that taxes, hom which the munlcii a is exempted. are not included: and that the amount claimed is actually du $! 2 20_ �3 i z � -�o�C40 ice— 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 Supervisor Office TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Administrator Building Inspector Office: 845-297-6257 Office: 845-297-6256 Fax: 845-297-0579 Fax: 845-297-0579 www.town0wappinger. Us RELEASE OF ESCROW FUNDS Date: August 20 2009 Project Account Number: 08-3159 Name of Project: Sonic Restaurant Site Plan Grid Number: 6157-04-635585 Location: 1271 Route 9 Date project received: Aril 9 2008 Date final resolution signed by chairman: June 24 2009 Total Escrow Deposited: $ 17.933.00 Balance remaining: `5 3,519.00 Date: August 20, 2009 Reason for escrow return: Project completed with signed maps with the Planning Board / ZBA . Project withdrawn by applicant on (date) MProject( Post Planning Escrow) completed with CO issued by building department on (date) IIRoad Escrow: Project completed on (date) This project has been completed / withdrawn and the return of escrow has been requested by: Rob Kopel Operating Partner / Daser Restaurant Grou Print Name C"any Barbara Roberti, PB Secretary: Tatiana Lukianoff, Zoning Administrator: Graham Foster, Highway Superintendent: Robert Gray, Town Engineer: Amount to be returned: $3.519.00 Verified: Fredrick Awino, Town Accounta Date: 'R -I U 1 ° AUG 10 2009 Received TOWN OF WAPPINGER COMPTROLLER'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 Tatiana Lukianoff, Zoning Administrator ep �_ .. Lulliiig T-./ i'own of `A appinger 20 Middlebush Road Wappingers Falls, NY 12590 Tatiana Lukianoff: SUPERVISOR Christopher Colsey TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI William H. Beale 1 am requesting the return of the escrow balance for the Sonic Restaurant -- Application # 08-3159 _in the amount of $3,519.00 Si ure _ �!20 Date #08-3159 SONIC RESTAURANT Daser Restaurant Group, Attn: Douglas Slater, 97 W. Patent Rd., Unit #3, Bedford Hills, NY 10507 ESCROW ESCROW ESCROW ESCROW 2008 FEE'S RE 'D CHARGES BALANCE 8/8/2008 Escrow Fee 3,750.00 3,750.00 9/5/2008 Roberts -Aug. �66.00""' 3,684.00 9/24/2008 Clark -Aug. �/ 1,366.80✓ 2,317.20 9/23/2008 Morris -8/10-9/13/08 318.00 1,999.20 10/8/2008 Roberts -Sept. ,,- 165.000" 1,834.20 10/24/2008 Clark -Sept. ,,- 135.00✓ 1,699.20 10/17/2008 Morris -9/08-10/08 ,r 130.00✓ 1,569.20 10/18/2008 Escrow Pmt. 2,180.80 3,750.00 11/10/2008 Roberts -Oct. 346.50✓ 3,403.50 11/17/2008 Clark -Oct. 1,696.20✓ 1,707.30 11/21/2008 Morris -10/08-11 /08 400.1 Ow 1,307.20 12/3/2008 Roberts -Nov. / 66.00'x" 1,241.20 12/5/2008 Clark -Nov. 307.50 ✓ 933.70 12/16/2008 Morris 11/08-12/08 224.00 ✓ 709.70 1/13/2009 Clark -Dec. ,/' 198.00✓ 511.70 1/22/2009 Morris -12/08 507.40✓ 4.30 1/12/2009 Clark -12/08 1,267.50 ✓ -1,263.20 2009 1/22/2009 Morris -Jan. 271.70' -1,534.90 2/6/2009 Roberts -Jan / 313.50 "' -1,848.40 2/19/2009 Clark -Jan. 1836.50✓ -3,684.90 3/9/2009 Roberts -Feb. ! 379.50✓ -4,064.40 3/9/2009 Clark -Feb. 520.00✓ -4,584:40 3/25/2009 Escrow Pmt. /6000-00 1,415.60 4/7/2009 Roberts -March ,r 445.50✓ 970.10 4/17/2009 Clark -March -'' 457.50✓ 512.60 4/2V009 Morris -3/15-4/18/09 , 404.60-" -392.00 5/.7x2009 Roberts -April , 693.00✓ -1,085.00. 5/13/2009 Clark -April / 900.00' -1,985.00 5/20/2009 Morris -April -May / 201.20x' -2,186.20 6/1/2009 Roberts -May ,, 66.00 -2,252.20 6/24/2009 Escrow Pmt. 0 6002.20 3,750.00 7/1/2009 Roberts -June /165.00---- 3,585.00 c}� 7/28/2009 Roberts -July 66.00✓ 3,519.00