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2013-1032013-103 Resolution Authorizing Refund of Unused Cash Bond Posted for Site Restoration (Account 11-3244) in Connection with the Adams Fairacre Farms Site Plan 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 March 11, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, on or about October 28, 201 1, Adams Fairacre Farms, (hereinafter the "Applicant") was required to post a Cash Bond in the amount of Seventy-One Thousand Dollars ($71,000.00) with the Town of Wappinger in connection with Site Restoration (Account # 11- 3244); and WHEREAS, on or about November 2, 2012, by request of the Applicant, a transfer was made from Account # 11-3244 to Adams Fairacre Farms Road Inspection Account in the amount of Six Thousand, Five Hundred Eighty-Three and 28/100 Dollars ($6,583.28), leaving a balance of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars ($64,350.72) in Account # 11- 3244; and WHEREAS, all work has been completed, inspected and approved by Greg W. Bolner, P.E. of Clark Patterson Lee Design Professionals, Engineer to the Town for this project; and WHEREAS, the Applicant has requested that the unused balance of the Cash Bond be returned; 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 return of the unused balance of the Cash Bond posted in connection with Site Restoration to Adams Fairacre Farms in the amount of Sixty Four Thousand, Three Hundred Fifty and 72/100 Dollars ($64,350.72). The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 3/11/2013 The Resolution is hereby duly declared adopted. CH STINE FULTON, OWN CLERK NOV/7/2011/WED 01;45 PM 'TOWN OF W,4PPINGER., NX 20 Middlebush Road Wappingers Palls, N.X. 12590 PURCkxA,S>r 0~8>fc B~ YOUCH)E1R. Adams Fairacre Faxms 765 Dutchess Twrpike Poughkeepsie, NY 12603 P, 003 Puzcbase OtdcrNo. Do Not Write Tn This Box Date Voueber Received I ! AMEOUN7C I I Aatc Quantity Description of Materials or Swviccs UNIT AMOUNT PRICE I1/7/12 Return of Escrow from Acctlf 11-3244 64,350 72 64,350 72 (Site Restoraton Cash Bond) ~- , ~ _ ~ _ i} ~~ .. _ . ~_ M~1R C~~ %C~~;~ s crtctvu .off.. ..•. .... : 'a..5 t x .+ ---~ 4 ~- ~J ~~~,_ _. M 1 -~ ~. J~, _ I ' )'attick ,l4,dams eati~ that the above account in the amortut of $ t!~ ~Sn 7 - ~s true a~ad conrcet; that the items, services, aged disbursements charged were repdered to ox for the municipality ova ~e dates stated that uo part bas beam paid or sari tltr'd; that taxes, fconu which tine municipality is t, ate Aot ipc~ded; and that the amount elaiAUed i dually due. Ante Sigh a Title (Space Below for 1vluA,ieipal Use) D~)P,AxY)CAS'~1~1')<' Ap'!'YtOVAY, ,A.YX)ftOY,~. ~'O][t X,~l.X1rIEi`1'x' The above services aw watetials wero rendored or 'ibis c}aipp is apipraved paid tom the appropriaeions famished to the municipality oa the dates stand and the indicated above charges are correct riA,1'B AUTHORIZED OF~IC;IAI. D,F,.TE COivIPT,ROI.I.bIL 7z - TOWN OF WAPPINGER 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 Zoning Administrator Building Inspector ~. Office: 845-297-6257 Office: 845-297-6256 ~y~ "' Fax: 845-297-0579 Fax: 845-297-0579 (,i~ <" www.townofwappinger.Us Wl il;~~ RELEASE OF ESCROW FUNDS Date: November 7. 2012 Project Account Number: 11-3244 (Site Restoration Cash Bond . Name of Project: Adams Fairacre Farms Grid Number: 6157-04-647343 Location: 160 Old Post Road Date project received: April 10. 2007 Date final resolution signed by chairman: March 19. 2012. Total Escrow Deposited: $71,000.00 Balance remaining: $64.350.72 Date: November 7, 2012 Reason for escrow retum: ^Project completed with signed maps with the Planning Board / ZBA. IIProject withdrawn by applicant on (date) Project completed with CO issued by building department on 10/31/2011 (Site Restoration Cash Bond) ^Road Escrow: Project completed on (date) This project has been completed /withdrawn and the return of escrow has been requested by: Patrick Adams Adams Fairacre Farms Print Name Company Sue Rose, Planning Board Secretary: Barbara Roberti, Zoning Administrator: Graham Foster, Highway Superintendent: Robert Gray, Town Engineer: Amount to be returned: 564,350.72. Verified: Fredrick Awino, Town Accountant: Date: NOV/07/2012/WED 01:45 PM P, 002 ~~~~tiat Barbara Roberti, Yoning Administrator Town of Wappinger 2b Middlebush Road Wappingers Falls, NY 12590 Barbara Roberti: am requesting the return of the escrow balante for xhe project Adams F it cre Farm Application # 11-3244 In the amount of $ $6~F,35fJ•72 106 Old Post Road Address ~J -~ 7 E~ ~ ~ a \ ._, Signature Title Print N2me ij ~ ~z - Date #11-3244 ADAMS FAIRACRE FARMS Address: 160 Old Post Road, Wappingers Falls, NY 12590 2011 10/28/2011 Escrow Fee 2012 6/13/2012 Roberts-May 11/2/2012 Transfer of F~ ESCROW ESCROW ESCROW ESCROW FEE'S RECD CHARGES BALANCE 7't,OQ0:00 $71,000.00 %~ $66.00 $70,934.00 ends to Road Insp. 6583.28 $64,350.72 ADAMS FAIRACRE FARMS ~ C? ~ ~ ~~~G'J Address: 765 Dutchess Turnpike, Poughkeepsie, NY 12601 845-454-4330 FEE'S ESCROWS ESCROWS ESCROWS 2010 RECD RECD CHARGES BALANCE 8/20/2010 ESCROW RECD 20,000.00 / 20,000.00 8/4/2010 Clark Patterson Lee-July 1,038.00 18,962.00 10/4/2010 Clark Patterson Lee-July,Aug.,Sept. 8,370.90/ 10,591.10 11/9/2010 Clark Patterson Lee-Oct. 7,121~r~33 ~/ 3,469.47 2011 2/3/2011 Ctark Patterson Lee- Jan. 2,385.75/ 1,083.72 10/21/2011 Clark Patterson Lee-Sept. 4,545.38 (3,461.66) 11 /30/2011 Clark Patterson Lee- Nov 2,546.63/ (6,008.29) ~ 1V ~~ 1/9/2012 Clark Patterson Lee-Dec 574.99 (6,583.28) r~ l 2012 11/2/2012 Transfer of funds from #11-3244 6,583.28 - . ^ ~ TOWN OF WAPPINGER P.O. Box 324 _ 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 1 2590 Planning Board Office: 845.297.1373 ~ Fax: 845.297.4558 Zoning Enforcement officer Office: 845.297.6257 www.townofwappinger.us Application 1=or Site Plan Approval Application # ~' i~" --~f ~"~~~ ~' Fee Received: ~~.~~ ~~~ ~_~~~ TITLE OF PROJECT: Adams Fairacre Farms NAME & ADDRESS OF OWNER:. ams airacre 765 Dutchess Turnpike oug eepsiE Dated: ;~l ~'t" i ~ I ~__- ~ C.<:' 1 '; ,..-~ > Escrow Received: ~~~`-~ ~~~~-~~-~~ ~~~'~ arms Street Town State Zip Phone No. NAME & ADDRESS OF APPLICANT (if different from owner): N/A Street Town State Zip Phone No. Grid No. 6157-04-649374, 6157-04-614375 and 6157-04-649335 Please specify use or uses of building and amount of floor area devoted to each: Existing Use: Commercial, Residential and Other Proposed Use: ommercia Existing Sq. Footage: ~ s Use: esi entia w etac a garages ~~ Use: ommercia Location of Property: ou e 4 Old os oa own o appinger, ew or Zoning~District: NB and HD Anticipated No. of Employees: Existing No. of Parking Spaces: Acreage: 12.84 Proposed No. of Parking Spaces: 365 Signed: ~1 ~~ ~ P ` A plvcant Pat ~1d ~ u ~ P G~: Dated: `fi"- `~% ~ ~ 7 ~ ~~ ~~ ~p~ ~~. , ~~ Note: *The applicant is responsible for the cost involved in publishing the required legal notice in the local newspaper; * If Special Use Permit for the above use has been applied for, please check ^ * Application Fees arc non-refundable. TOW004.PB-ASPA (4-d3 Rcv) 1 of 1 I'.S'~ ~ ~T ]l ,mot 4 {„. ~~ ? ~~ .T l •,.;: °~ ~`'~ °`~•~~?~ Vi ....~~, ./'~~ 03/19/12 RESOLUTION TO~~rN OF ~~%APPINGER PLANNING BOARD RE: ADAMS F:AIRACRE FARMiS -RESOLUTION OF FOURTH AMENDED SITE DEVELOPMENT PLAN AND WETLANDS PERMIT APPROVALS At a regular meeting of the Planning Board of the Town of Vdappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York '" da of ~~ : ~? ~=<~i~ 2012 at 7:00 P.M. on the % y }~ ~` The meeting was called to order by Chairman Victor Fanuele and upon roll being called, the following were: PRESENT: Chairman - Victor Fanuele Boardmembers - Angela Bettina - Marsha Leed - Francis Malafronte - Constance Smith - Robert L. Valdati - .June Visconti The following resolution was moved by ,~,-,~~_ ~~ ,~~,,;;,,t,-~ ~ and seconded by ~ ~, 6~~;1 ~r;..Q ~Q~c- I WHEREAS, on February 2, 2009, the Town of Wappinger Planning Board adopted a Resolution of Site Development Plan and Wetlands Permit Approvals to the application of Adams Fairacre Farms, Inc. {the "Applicant") for the construction of a 71,754 square foot facility, including a grocery stare and garden center, warehouse, tropical green house, poly house, shade house, outdoor nursery and offices; and V~rHEREAS, on October 19, 2009, the Planning Board adopted the First Resolution of Amended Site Development Plan and Wetlands Permit Approvals for the project; and WHEREAS, on March 21, 2011, the Planning Board adopted the Second Resolution of Amended Site Development Plan and Wetlands Pern~it Approvals for the project; and WHEREAS, on September 19, 2011, the Planning Board adopted the Third Resolution of Amended Site Development Plan and Wetlands Permit Approvals for the project; and ~~~~ --- ~/ ~~ .' ~~ ,~= Clark Patterson Lee ors.ci~ rF; irc~,iu^:.,~ September ? 7. 2U l 2 ~~~ ~ ~ l~ Ms. Barbara Roberti, Toning, Administrator ~ ....... ..... . To~~m of VJappinC~er ... . •,:, ; : ~_;; R~CEIVEC; 20 Middlehush Road ~'apping,er Falls, NY l 2590 Gid C ~ ~~r~~ I~ ~ ~ r:~:.~ro,. Re: Adams fairacre Farms Site Plan ~rc,, r~ ~ r ~;. r ,_;. ~f~ "I'ax Grid ~ 6157-04-649374/6]4375/649335 152,154 & 158 01d Post Read Job# 1 1=412.01 Dear Ms. Robei-li: In 2011, CPL observed the installation of the off-site ~~~at.er and wastewater facilities constructed by the applicant, including testing and certification, and concurred with the acceptance of operation of the water and wastewater systems. At that time, CPL recommended that an escroUl account be established for incomplete items. Based on our discussions and observation through September, CPL has noted that all work subject to the escrow account were either completed or removed from the scope through site plan modifications approved by the Planning Board. At this time, we recommend that the Town release the escrow account in the amount of $71,000. if you have any questions, please do not hesitate to contact us. Sincerely, CLARK IPATTERSON LEE G , Greg W. Bolner, 1'.E. Principal Associate l cc: Chairman Fa~n~ele~ Barbara Roberti, Toning Administrator Albert P. Roberts, Esq. i ~_!~~. ,~~_~ r 9~C Corporate Bo: Bevan' ]Newburgh, IVY 12i 50 clark~:~alt~rsoi~,.cor~ sna2~4.~,000 ~.. P45.C~67.i3F;jq r;, A DAM` ~S FAIRACRE FARMS Town of Wappinger: t.~ ~.. ~~~~ ~~ Piease take the balance due from account "Road Inspection" in the amount of $6583.28 from our balance owed us on account #11-3244. This will leave account #11-3244 with a balance of $64350.72 after the funds have been transferred. We also have a third account, #10-6016PP, with a current balance of $$4225.28 that we would like to close. My name is Greg White, Assistant Controller of Adams Fairacre Farms. Also signing this is Patrick Adams, owner of Adams Fairacre Farms. Greg White ~- 765 Dutchess Turnpike Poughkeepsie, New York 12603 t: 845- 454-4330 {~~ 845-454-4337 Patrick Adams `_ . zo~za adamsforms. com t56o Ulster Avenue. 124.0 Route 300 Lake Katrine. New York i2q.49 Newburgh. New York t2 J50 t:845-336-6300 t:845-569-0303 f:845..-336-4146 f: 845-56g-o26q rho ola Pest xoaa Wappinger. New York t25!~o t: 845-632-995:1 f: 845-2g7-2159 L]Llf~'// ~\ FAIRACRE FARMS ~~ fGt ~~l Town of Wappingers Please take the balance due from account "Road Inspection" in the amount of $6583.28 from our balance owed us on account #11-3244. This will leave account #11-3244 with a balance of $64350.72 after the funds have been transferred. We also have a third account, #10-6016PP, with a current balance of $4225.28. We would like to close all three escrow accounts and request a return of all escrow money for these accounts. My name is Greg White, Assistant Controller of Adams Fairacre Farms. Also signing this is Patrick Adams, owner of Adams Fairacre Farms. Greg White Patrick Adams ~ u~ zee a d a m s f a r• m s. c o m j 65 Dutchess Turnpike 1560 Ulster Avenue i2q.0 Route 300 Poughkeepsie, New York [2603 Lake Iiatrine, New York 12449 Newburgh, New York 12550 i 845-454-433o t:845-336-6300 t: 845-56g-o3o3 f:845-454-4337 f=845-336-4146 f:845-569-oz64 16o Old Post Road Wappinp~er, New York 12590 t:845-632-9955 f: 84J-zg7-2159 Sue Rose From: Walter Artus [w.artus@verizon.net] Sent: Monday, March 04, 2013 3:17 PM To: Barbara Roberti Cc: Inez Maldonado; Sue Rose Subject: RE: Adams Fairacre Farms Barbara: No. there will be no further bills Thank you, Walter Walter R. Artus, CPESC, CMS4S Stormwater Management Consultants, Inc. P.O. Box 202 LaGrangeville, New York 12540 Phone: 845-462-0022 Fax: 845-462-0033 Cel I: 845-489-5315 w.artus verizon.net From: Barbara Roberti [mailto_BRoberti@townofwappinaer.us] Sent: Monday, March 04, 2013 3:11 PM To: w.artus@verizon.net Cc: Inez Maldonado; Sue Rose Subject: RE: Adams Fairacre Farms Walter, Will there be any additional bills for Adams Fairacre Farms? If so, please notify Inez and Sue Rose. Barbara