2011-1942011-194
Resolution Accepting Roads and Some, But Not All, of the Easements and Other Public
Improvements Constructed in Connection with the Blackwatch Farm Subdivision
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 May 23,
2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni (arrived at 6:30 PM)
ABSENT:
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, Blackwatch Development, LLC, had previously made application to the
Town of Wappinger Planning Board to approve a subdivision of lands more particularly
described in a subdivision map entitled "Blackwatch Farm", prepared by Oswald and Gillespie,
P.C., dated June 1, 1999, and subsequently revised from time to time; and
WHEREAS, Robert V. Oswald, Jr., and his wife, Cynthia M. Oswald, acquired title to
the property from Blackwatch Development, LLC, by deed recorded in the Dutchess County
Clerk's Office on June 29, 2000, as document number 02 2000 5661; and
WHEREAS, Robert V. Oswald, Jr., and Blackwatch Development, LLC, received
Subdivision Approval for a Subdivision entitled `Blackwatch Farm" by Resolution dated May 3,
2004, subject to, and conditioned upon, fulfillment of the conditions set forth in the
aforementioned Resolution, and subject to certain improvements being made and constructed as
set forth in the aforesaid Subdivision Map and related Contract Drawings, including dedication
of the roads for the Blackwatch Farm Subdivision, all in accordance with the Town of
Wappinger Subdivision Regulations, Zoning Code, Highway Specifications, and Rules and
Regulations of the Town Code; and
WHEREAS, the Subdivision Map for the Blackwatch Farm Subdivision was filed in the
Dutchess County Clerk's Office on May 2, 2005, as Map No. 11793; and
WHEREAS, Robert V. Oswald, Jr., transferred the property contained in the Blackwatch
Farm Subdivision to Blackwatch Development, LLC, by deed recorded in the Dutchess County
Clerk's Office on June 6, 2005, as document number 02 2005 4816; and
WHEREAS, Blackwatch Development, LLC, has completed the roads and substantially
all of the storm water drainage infrastructure as well as the infrastructure required for firematic
purposes as required by the Resolution of Subdivision Approval; and
WHEREAS, at the time the Subdivision was approved by the Town of Wappinger
Planning Board, the standards and specifications for the development of the SWPPP were
different than they are now; and
WHEREAS, Blackwatch Development, LLC, has constructed the SWPPP improvements
in accordance with current standards; and
WHEREAS, Blackwatch Development, LLC, will seek approval from the Town of
Wappinger Planning Board to amend the requirements for the SWPPP improvements to be
consistent with current standards and to authorize acceptance of the improvements for the
SWPPP as constructed rather than as initially proposed; and
WHEREAS, the Applicant has tendered to the Town of Wappinger the following
documents: Irrevocable Offer of Cession and Dedication for Utility Easement Nos. 4, 5, 6, 7 and
9 along with Drainage and Utility Easement #4, #5, #6, #7 and #9 together with their respective
TP -584; Irrevocable Offer of Cession and Dedication for the Snow and Utility Easement No. 10
along with Snow, Drainage and Utility Easement #10 together with their respective TP -584;
Irrevocable Offer of Cession and Dedication for the Snow Easement No. 11 along with Snow
Easement 911 together with their respective TP -584; Irrevocable Offer of Cession and
Dedication for the FD Access Easement No. 8 along with Easement for Firematic Purposes #8
together with their respective TP -584; Irrevocable Offer of Cession and Dedication for the 30'
Buffer Easement No. 1 and 40' Buffer Easement No. 2 along with 30' Buffer Easement #1 and
40' Buffer Easement #2 together with their respective TP -584; Irrevocable Offer of Cession and
Dedication along with Deed to Viola Court and Gerhart Court together with their respective TP -
584 and RP -5217; Irrevocable Offer of Cession and Dedication along with Deed conveying
44.08 acres for recreation purposes to the Town of Wappinger together with their respective TP -
584 and RP -5217; Declaration of Covenants and Restrictions with Wetland Protection together
with its respective TP -584, all in recordable form and approved by the Attorney to the Town,
Albert P. Roberts, by letter dated April 20, 2005; and
WHEREAS, Robert V. Oswald, Jr., posted a Performance Agreement Secured by Cash
Deposit in the amount of Seven Hundred Five Thousand, Six Hundred Eighty -Five Dollars
($705,685.00) on April 12, 2005, which was subsequently reduced and substituted with a
Performance Agreement executed by Blackwatch Development, LLC, and personally guaranteed
by John O'Donnell, individually, and James Chirico, individually, which Performance
Agreement was secured by Letter of Credit issued by M&T Bank bearing number SB -907772-
2000 in the reduced amount of $243,600.00, which reduction was approved by Resolution 2006-
115, duly adopted by the Town Board on April 10, 2006; and
WHEREAS, the Town Board is now desirous of accepting the roads, the 30' Buffer
Easement #1 and 40' Buffer Easement 42 together with Snow Easement #11, as shown on the
Subdivision Map for Blackwatch Farm Subdivision upon a duly executed Maintenance
Agreement with required security being posted by the developer, in form acceptable to the
Attorney to the Town and Engineer to the Town; and
WHEREAS, the Town Board has previously authorized acceptance of the recreation
parcel which has been forwarded to the attorney for Blackwatch Development, LLC, for
recording; and
WHEREAS, the Town Board expressly agrees not to accept the remainder of the
improvements made in connection with the SWPPP for the Blackwatch Farm Subdivision until
such time as it receives a recommendation from the Town of Wappinger Planning Board to
accept the SWPPP improvements as constructed together with a written report from the Town's
Superintendent of Highways and the Engineer to the Town and the Town's SWPPP Consultant,
Walter Artus, that said improvements have been completed in accordance with current standards
and are acceptable for the purposes intended; and
WHEREAS, the Town shall not release the Performance Agreement secured by Letter of
Credit until such time as the Engineer to the Town submits a revised construction estimate for
the completion of the improvements for firematic purposes, as well as required security for the
Maintenance Agreement to be posted for the roads and the security required for the Maintenance
Agreement of the Storm Water Facilities (SWPPP) improvements; and
WHEREAS, pursuant to Subdivision Regulations of the Town of Wappinger,
Blackwatch Development, LLC, is required to guarantee that the quality and workmanship of the
roads and other public improvements accepted by the Town will be free from defects in materials
and workmanship for a period of one year from the date of acceptance by the Town Board; and
WHEREAS, pursuant to Chapter 213 of the Code of the Town of Wappinger entitled
"Storm Water Management", the developer is required to post a Maintenance Agreement secured
by Letter -of Credit or Surety Bond issued in favor of the Town of Wappinger in the principal
sum as determined by the Engineer to the Town; and
WHEREAS, as additional security to secure the obligations that the road improvements
and SWPPP improvements will be free from defects, John O'Donnell, a Member of Blackwatch
Development, LLC, has further agreed to personally guarantee the obligations of Blackwatch
Development, LLC, as set forth in said Maintenance Agreements to be posted for the road
maintenance and the Storm Water Facilities (SWPPP) maintenance.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby determines that it is in the best interest of the residents of
the Town of Wappinger, particularly the residents of the Blackwatch Farm
Subdivision, to accept the roads known as Viola Court and Gerhard Court, and
30' Buffer Easement 41 and 40' Buffer Easement 42 together with Snow
Easement 91, made and constructed in connection with the Blackwatch Farm
Subdivision, filed map number 11793, and the Town Board hereby agrees to
accept same upon delivery of an original Maintenance Agreement duly executed
by Blackwatch Development, LLC, and John O'Donnell, individually, secured by
a Letter of Credit or Surety Bond all in form acceptable to the Attorney to the
Town and the Engineer to the Town.
3. The Supervisor to the Town and the Attorney to the Town are expressly directed
not to record the Deed and Easements until such time as a Maintenance
Agreement, duly executed by Blackwatch Development, LLC, as Obligor, in
favor of the Town, as Obligee, is accepted to insure that the quality and
workmanship of the roads and easements accepted will be free from defects in
materials and workmanship for a period of one year from the date of posting of
the required Maintenance Agreement by the developer and secured by a Letter of
Credit or Surety Bond in an amount determined by the Engineer to the Town. It is
further expressly directed that the Maintenance Agreement must be personally
guaranteed by a Member of Blackwatch Development, LLC, as additional
security to secure the obligations set forth in the Maintenance Agreement.
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
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
YE
JOSEPH P. PAOLONI, COUNCILMAN Voting:
Dated: Wappingers Falls, New York
5/23/2011
The Resolution is hereby duly declared adopted.
*jHN�C-. MOWN CLERK