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2012-189 2012-189 Resolution Authorizing Refund of Unused Escrow for PizzaJDeli 2059 Route 9D Site Plan (Account 12-3249) At a regular meeting of the Town Board ofthe Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 25, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Ismay Czarniecki Michael Kuzmicz ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilwoman Czarniecki. WHEREAS, on or about January 19,2012, Elmi Berisha (hereinafter the "Applicant") filed an application for Site Plan Approval under Application Number 12-3249; and WHEREAS, on or about January 23, 2012, the Applicant deposited Three Thousand, Seven Hundred Fifty Dollars ($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for payment of the fees of the Town's professionals to review the application; and WHEREAS, the project has been withdrawn by the Applicant by letter dated April 30, 2012; and WHEREAS, all professional fees incurred during the review of the application have been paid and a balance of Eight Hundred Seventy-One Dollars ($871.00) remains in escrow account number 12- 3249 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 Eight Hundred Seventy-One Dollars ($871.00) in escrow account number 12-3249, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMA Y CZARNIECKI, COUNCILWOMAN MICHAEL KUZMICZ, COUNCILMAN Voting: Voting: Voting: Voting: Voting: AYE AYE ABSENT AYE AYE Dated: Wappingers Falls, New York 6/25/2012 The Resolution is hereby duly declared adopted. t~~, CHRISTINE FUL N, TOWN CLERK TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD W APPINGERS FALLS, NY 12590 Zoning Administrator Office: 845-297-6257 Fax: 845-297-0579 www.townofwappinger.Us Building Inspector Office: 845-297-6256 Fax: 845-297-0579 RELEASE OF ESCROW FUNDS Date: May 3.20121 Project Account Number: 12-3249 Name of Project: Grid Number: Pizza/Deli ?o,\q 'Rmlt'p qn 6056-02-753963 Location: 2059 Route 90 Date project received: JaI1U~.J. q, 701? Date final resolution signed by chairman: Withdrew Proiect bv letter on ADril 30. 2012 Total Escrow Deposited: $3.750.00 Balance remaining: $ 871.00 Date: Mav 3. 2012 Reason for escrow return: ~roject completed with signed maps with the Planning Board / ZBA. roject withdrawn by applicant on (date) ADri130.2012 Project (Post Planning Escrow) completed with CO issued by building department on (date) DRoad Escrow: Project completed on (date) This project has been completed I withdrawn and the return of escrow has been requested by: Elmi Berisha Print Name Property Owners Company Planning Board Secretary: _Susan Rose ~ Barbara Roberti, Zoning Administrator: 0~ ~Cf7 Graham Foster, Highway superintendent( Robert Gray, Town Engineer: Amount to be returned: $871.00 Verified: Fredrick Awino, ~ TownAccount~1~\. ~ Date: ~v d d~ ~o Z-r1 n :E. ,...l> m-o ;o:S 1,,2 I ~ '- c: :z: ..... ..... r-.,) <::) N 29J m ~ m t:=::::J ~ fT"-==j! ~'} TOWN OF WAPPINGER, NY 20 Middlebush Road Wappingers Falls, N.Y. 12590 Purchase Order No. Do Not Write In This Box Date Voucher Received AMOUNT FUND - APPROPRIATION Elmi Berisha 21 South Mesier Ave Wappingers Falls, NY 12590 TOTAL ABSTRACT NO. Date Quantity Description of Materials or Services UNIT AMOUNT PRICE 6/6/12 1 Return of Escrow 871 00 871 00 Project Withdrawn Pizza/ Deli 12-3249 2059 Route 9D TOTAL PURCHASE ORDER & VOUCHER I Elmi Berish certIfy that the above account mthe amountof$ $871 ,00 is true and correct; that the items, services, and disbursem ere rendered to or for the municipality on the dates stated that no part has been paid or satisfied; that taxes, fro hich the municip ity is exempt, are not included; and that the amount claimed is actually due. -p n- \2- Date ~ 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 APPROVAL FOR PAYMENT This claim is approved paid from the appropriations indicated above DATE AUTHORIZED OFFICIAL DATE COMPTROLLER TOWN OF WAPPINGER ZONING ADMINISTRATOR Barbara Roberti ExI. 128 Barbara Roberti Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Barbara Roberti: TOWN SUPERVISOR Christopher J. Colsey TOWN BOARD William H. Beale Vincent Bettina Ismay Czamiecki Joseph P. Paoloni I am requesting the return of the escrow balance for the project Pizza/Deli Application # 12-3249 In the amount of $ $871.00 ~4 f!!!i ~~-"Slgnature CJ-M (' Print Name ~J~lt ~r Title A 5\ Z [- \1-- Date f Barbara Roberti Zoning Administrator Town ofWappingers Falls Wappingers Falls, NY RECENED t:.A~'{ 1 'l.{l\1. MINISiRJ:\iOR ZONING AO~ WAPPINGER iOWN r April 30, 2012 Re: 2059 Route 9D Planning Board Application Withdrawal Dear Barbara, Please withdraw my Site Plan Application for 2059 Route 9D. The Department of Health has concluded that the proposed project is not feasible. Additionally, it appears that there is insufficient space on the site to provide the required amenities. Please let me know how I can get the unused portion of the escrow refunded. Thank you. Sincerely, ~ Elmi Berisha 21 South Meiser Avenue Wappinger Falls, NY 12590 #12-3249 PIZZAIOELl2059 ROUTE 90 Address: 21 South Mesier Ave.. Wappingers Falls. NY 12590 590-4807/518-2710 Alex FEE'S ESCROW ESCROW ESCROW REC'O REC'O CHARGES BALANCE 3,750.00 )(' 3,750.00 ,.49.50..x 3.700.50 /,287.50 v 3,413.00 /' 115.50 V\ 3,297.50 / 1, 769.50 ~ 1,528.00 " "ry (/207.00 1 ,321.00 ~",,\ /' 82.50.x 1,238.50 AC)) \I / 367.50X 871.00 - <..:i!:/ 2012 1/23/2012 Escrow Rec. 1/3/2012 Roberts-Jan 2/15/2012 Morris 1/15 - 2/11/12 3/6/2012 Roberts - Feb 3/13/2012 Clark-Feb. 3/26/2012 Morris 2/12-3/17/12 4/10/2012 Roberts-March 4/19/2012 Clark-March fu\'V ~\\\ \ ~ ~}tlll1/