2009-3652009-365
Resolution Authorizing Refund of Unused Escrow for the Preserve Subdivision (Account
04-3085/5089)
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
November 23, 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
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, on or about March 29, 2004, Nature Preserve, LLC (hereinafter the
"Applicant") filed an application for Subdivision Approval under Application Number 04-
3085/5089; and
WHEREAS, on or about April 14, 2004, the Applicant deposited Fifty -Two Thousand,
Five Hundred Dollars and 00/100 ($52,500.00) 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 deposits in the amount of Seven Thousand, Five Hundred
Seventy -One Dollars and 05/100 ($7,571.05), Eleven Thousand, Six Hundred Sixty -One Dollars
and 50/100 ($11,661.50) and Ten Thousand, Nine Hundred Ninety -Three Dollars and 80/100
($10,993.80) were made on October 14, 2004, August 17, 2005, and June 5, 2007, respectively;
and
WHEREAS, the application was approved and the Resolution of Approval was signed
by the Planning Board Chairman on October 6, 2008; and
WHEREAS, all professional fees incurred during the review of the application have
been paid and a balance of Thirty -Two Thousand, Seven Hundred Sixty -Four Dollars and 45/100
($32,764.45) remains in escrow account number 04-3085/5089 and Applicant has requested a
refund of said unused escrow balances; and
WHEREAS, the Town Accountant has audited the escrow account and has verified the
amount 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 a refund to the Applicant in the amount of
Thirty Two Thousand, Seven Hundred Sixty -Four Dollars and 45/100
($32,764.45) from escrow account number 04-3085/5089, representing the unused
escrow balance for the above project.
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
11/23/2009
The Resolution is hereby duly declared adopted.
J HN C'MASTERSON, TOWN CLERK