2020-09-14
Town of Wappinger 20 Middlebush Road
Wappingers Falls, NY 12590
Regular Meeting townofwappinger.us
~ Minutes ~ Joseph Paoloni
(845)297-5771
Monday, September 14, 2020 7:00 PM Town Hall
I. Call to Order
Attendee Name Organization Title Status Arrived
Richard Thurston Town of Wappinger Supervisor Present
William H. Beale Town of Wappinger Councilman Present
Angela Bettina Town of Wappinger Councilwoman Absent
Christopher Phillips Town of Wappinger Councilman Present
Al Casella Town of Wappinger Councilman Present
Cooper M Leatherwood Town of Wappinger Deputy Town Clerk Present
Joseph P. Paoloni Town of Wappinger Town Clerk Present
II. Salute to the Flag
III. Agenda and Minutes
1. Motion To: Adopt Agenda
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Acknowledge Minutes of August 24, 2020
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
IV. Supervisor's Report
The supervisor gave his report. In it gave a shout out to volunteers for earth day.
Town of Wappinger Page 1 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
V.Financial Review
Frederick Awino gave his report for July to end of August.
Summary:
Revenues:
Rental property up 84%
Mortgage tax increase $86,000
Building permits up 72%
No other towns have received chips money.
Expenses:
Floor votes:
To move $12,000 from Fund Balance to 1620.150
Moved: Beale Second Casella Passed Unanimous
To move $1,800 from fund balance to Workers comp.
Moved: Casella Second: Beale Passed Unanimous
To add $4,000 to COVID19 expenses
Moved: Beale Second Casella Passed Unanimous
1. Financial Report
VI. Public Hearings
Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240,
Zoning, Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees
And Fines, Of The Town Code With Respect To A Variety Of Matters
Town of Wappinger Page 2 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
RESULT:ADJOURNED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
VII. Public Portion
1. Motion To: Open Public Portion
George Silvestri thanked the board for being able to hookup to the water.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Close Public Portion
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
VIII. Discussions
1. 311 App
COMMENTS - Current Meeting:
Supervisor Thurston and Joseph Cavaccini presented the 311 application. The app is designed for
communicating concerns and complaints and alerts within the Town that they can receive on
there phones. They are still in a discussion phase with several app developers. The supervisor
discussed how the pages will look and function. More details can be found on the video on the
town website.
2. 311 App Details
3. Motion To: Approve Jame's Warriors Car Show
Joey Cavaccini and Donna Thomas from James's Warriors presented on having a car show to
raise awareness of mental illness and suicide. They want to have the cars at Carnwath behind the
carriage house. They would follow social distancing guidelines. Donna explained her
organization. Their last event raised about $19,000. Donna was looking to have the event on
Town of Wappinger Page 3 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
October 18. The cars would arrive between 10PM to 12PM. The Show would be from 1PM to
4PM. They received provisional approval for this event. More details are on the video on the
town website. A Certificate of Insurance to the Town Of Wappinger is required.
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
4. Randy Ross - Spook Hill Park Update
Randy presented an Overview.
He said there is $100,000 block grant for phase 1 on construction which included reconfiguring
parking lot and fixing up bathrooms. Further details are on video on the town website.
5. Kevin Hathorn - Veteran's Affairs Update
Kevin Hathorn presented an update of Veteran's Affairs and the Hometown Hero's Banners.
Floor motions:
To start the process: Moved: Beale Second: Casella Passed
Unanimous
Acquire Mailbox Storage for American Flags Moved Beale Second: Phillips
Passed Unanimous
Nothing was given to the Town Clerk for filing these minutes.
6. Renaming Spook Hill Park
The Supervisors discussed renaming Spookhill Park to Helen Fuimarello Memorial Park.
IX. Resolutions
RESOLUTION: 2020-110
Resolution Accepting Padasana Court And Related Easements For All Angels Heights
Subdivision Together With Maintenance Agreement Secured By Cash Deposit
WHEREAS,
westerly side of All Angels Hill Road, and
WHEREAS, RJA HLD made application to the Town of Wappinger Planning Board to approve a
WHEREAS, the Town of Wappinger Planning Board granted Conditional Final Subdivision Plat
Approval by Resolution dated November 17, 2014, 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 shown on the aforesaid Plat as required by the Town of Wappinger
Subdivision Regulations; and
Town of Wappinger Page 4 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
WHEREAS, the Plat was filed in the office of the Dutchess County Clerk on October 21, 2016 as
Filed Map 11701B; and
WHEREAS, by letter dated April 30, 2020, the Engineers to the Town have advised that the
construction of Padasana Court and the related improvements have been completed; and
WHEREAS, pursuant to §214-43 of the Town of Wappinger Code, RJA HLD is required to post a
highway construction guaranty in the form of a bond or performance guarantee in an amount equal
to $104,937.08, which is 20% of the cost of construction, to be held for a period of three years to
guarantee that any defects of the type described in §214-76(B) shall be cured; and
WHEREAS, RJA HLD tendered to the Town of Wappinger a deed for the right of way for
Padasana Court from R.J.A. HLD. INC. together with the associated transfer documents all in
recordable form and approved by the Attorney to the Town, James P. Horan, Esq.; and
WHEREAS, the Superintendent of Town Highways and the Engineer to the Town have
recommended that the Town Board accept Padasana Court as a town;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that it is in the best interest of the residents of the
Town of Wappinger to accept Padasana Court as a Town Highway together with the
drainage facilities and other public improvements located in the highway right of way, except
those specifically excepted by the subdivision plat.
2. The Town Board hereby accepts a maintenance bond in the amount of $104,937.08 as a
highway construction guaranty in accordance with §214-43 of the Town of Wappinger Code
which shall be held for a period of three years to guarantee that any defects of the type
described in §214-76(B) shall be cured.
3. The Maintenance Agreement executed by RJA HLD, as Obligor, in favor of the Town of
Wappinger, as Obligee, is accepted as the guarantee that the quality and workmanship of the
road and other public improvements will be free from defects in materials and workmanship
for a period of three years from the date of acceptance by the Town as required by §214-43.
4. This acceptance is expressly conditioned upon RJA HLD delivering the right of way and the
public improvements to the Town free and clear of any liens or encumbrances, and upon
payment by RJA HLD of all outstanding fees and escrow reimbursements due to the Town.
5. The Town Supervisor and the Attorney to the Town are authorized to execute any and all
documents necessary for the recording of the deed and easements from RJA HLD.
6. The Attorney to the Town is directed to cause the deed and easements to be filed in the
property records of the Dutchess County Clerk.
7. Upon its return from the County Clerk, the Town Clerk is directed to file the deed for the
town highway in his files as required by Highway Law §171(1).
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-110
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Richard Thurston Voter
Defeated
William H. Beale Seconder
Tabled
Angela Bettina Voter
Withdrawn
Christopher Phillips Voter
Next: 9/28/20 7:00 PM
Al Casella Mover
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Tabled.
Town of Wappinger Page 5 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
RESOLUTION: 2020-126
Resolution Adopting Local Law No. 3 Of 2020 Which Would Amend Chapter 240, Zoning,
Chapter 217, Subdivision Of Land, Chapter 145, Go-Carts, And Chapter 122, Fees And
Fines, Of The Town Code With Respect To A Variety Of Matters
WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which
would amend Chapter 240, Zoning, Chapter 217, Subdivision of Land, Chapter 145, Go-Carts, and
; and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on July 13, 2020 and all parties in attendance were
permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any
part thereof; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 217, Subdivision
of Land, Chapter 145, Go-Carts, and Chapter 122, Fees and Fines, of the Town Code with respect
to a variety of matters; and
WHEREAS, the Town Board has determined that the Proposed Action is an action for which
there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead
Agency for this action; and
WHEREAS, on July 13, 2020 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed Local Law to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, the Town Board has given due consideration to the comments of the Town
Planning Board and the DCDPD; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board of
the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of
this resolution.
Town of Wappinger Page 6 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set forth
above as if fully set forth and resolved herein.
2. The Town Board, after due deliberation, finds that it is in the best interest of the Town to
adopt said Local Law, and the Town Board hereby adopts Local Law No. 3 of 2020, a copy of
which is attached hereto and made a part of this Resolution; except as specifically modified
by the amendments contained therein, the Town Code, as originally adopted and amended
from time to time thereafter, is to remain in full force and effect.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the
Local Law book for the Town of Wappinger and to give due notice of the adoption of said
Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-126
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
Richard Thurston Voter
Defeated
William H. Beale Voter
Tabled
Angela Bettina Voter
Withdrawn
Christopher Phillips Seconder
Next: 9/28/20 7:00 PM
Al Casella Mover
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Tabled.
RESOLUTION: 2020-150
Resolution Adopting The Retention And Disposition Schedule For New York Local
Government Records (LGS-1)
BE IT RESOLVED, by the Town Board of the Town of Wappinger that the Retention
and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to
Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention
periods for local government records, is hereby adopted for use by all officers in legally
disposing of valueless records listed therein; and
BE IT FURTHER RESOLVED, that in accordance with Article 57-A:
(a) only those records will be disposed of that are described in Retention and
Disposition Schedule for New York Local Government Records (LGS-1), after they have met the
minimum retention periods described therein;
(b) only those records will be disposed of that do not have sufficient
administrative, fiscal, legal, or historical value to merit retention beyond established legal
minimum periods.
The foregoing was put to a vote which resulted as follows:
Town of Wappinger Page 7 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
Vote Record - Resolution RES-2020-150
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Mover
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-151
Resolution Authorizing Water Tenancy Agreement For 91 Old Hopewell Road (Grogan)
WHEREAS, John D. Grogan owns a single family residence at 91 Old Hopewell Road in the Town
of Wappinger which shares a private well with 93 Old Hopewell Road; and
WHEREAS, the shared well has insufficient capacity to supply both properties and the yield from
the shared well does not meet the requirements of the Dutchess County Sanitary Code and both
properties frequently lack water; and
WHEREAS, Grogan has requested to enter into a tenancy agreement for the supply of water from
until such time as the United Wappinger Water District is extended to include his property; and
WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell
Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant
to 6 NYCRR 617.5(c)(11); and
WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the
property;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines
that:
1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA)
pursuant to 6 NYCRR 617.5(c)(11).
2) The Town Board hereby approves the Water Tenancy Agreement with Grogan in the form
attached hereto.
3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the
Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11).
4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
filed in the records of the Town Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-151
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Voter
Town of Wappinger Page 8 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Adopted.
RESOLUTION: 2020-152
Resolution Authorizing Water Tenancy Agreement For 93 Old Hopewell Road (Tapia-
Cornejo)
WHEREAS, Gilberth Tapia-Cornejo and Angelica Mesias-
residence at 93 Old Hopewell Road in the Town of Wappinger which shares a private well with 91
Old Hopewell Road; and
WHEREAS, the shared well has insufficient capacity to supply both properties and the yield from
the shared well does not meet the requirements of the Dutchess County Sanitary Code and both
properties frequently lack water; and
WHEREAS, the Owners have requested to enter into a tenancy agreement for the supply of water
Road until such time as the United Wappinger Water District is extended to include their property;
and
WHEREAS, the connection of the Property to the UWWD water main located in Old Hopewell
Road is as a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant
to 6 NYCRR 617.5(c)(11); and
WHEREAS, the Attorneys to the Town drafted a Water Tenancy Agreement to supply water to the
property;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines
that:
1) The Project is a Type II action under the State Environmental Quality Review Act (SEQRA)
pursuant to 6 NYCRR 617.5(c)(11).
2) The Town Board hereby approves the Water Tenancy Agreement with the Owners in the
form attached hereto.
3) The Town Board hereby authorizes and directs a majority of the Town Board to sign the
Water Tenancy Agreement on behalf of the UWWD pursuant to Town Law §198(11).
4) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be
filed in the records of the Town Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-152
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Adopted.
Town of Wappinger Page 9 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
RESOLUTION: 2020-153
Correspondence Log
Resolution Authorizing the Acceptance of the Correspondence Log
NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the
attached Correspondence Log are hereby accepted and placed on file in the Office of the Town
Clerk.
The foregoing was put to a vote which resulted as follows:
Vote Record - Resolution RES-2020-153
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Seconder
Dated: Wappingers Falls, New York
September 14, 2020
The Resolution is hereby duly declared Adopted.
X.Items for Special Consideration/New Business
Streetlights For Sgt. Palmateer Way - Document needs To be signed and attach resolution with
it.
To move $2,000 to the Sargent Palmateer line 710.0499
Moved: Casella Second: Phillips Passed: Unanimously
General items discussed were buildings and grounds, software, and an update on Quiet Acres
Park.
Town of Wappinger Page 10 Printed 9/24/2020
Regular MeetingMinutesSeptember 14, 2020
XI.Executive Session
1. Motion To: Enter Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: Al Casella, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
2. Motion To: Return From Executive Session
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
XII. Adjournment
Motion To: Wappinger Adjournment & Signature
The meeting adjourned at 10:36 PM.
____________________
Joseph P. Paoloni
Town Clerk
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Town of Wappinger Page 11 Printed 9/24/2020
5.1
Communication: Financial Report (Financial Review)
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5.1
Communication: Financial Report (Financial Review)
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8.1
Communication: 311 App (Discussions)
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8.2
Communication: 311 App Details (Discussions)
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8.2
Communication: 311 App Details (Discussions)
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8.2
Communication: 311 App Details (Discussions)
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9.1.a
ROAD MAINTENANCE AGREEMENT SECURED BY BOND
FOR PADASANA CORT (All Angels Heights Subdivision)
WHEREAS, the undersigned, R.J.A. HLD., INC, having an address of 51 Myers Corners
Road, Wappingers Falls, NY 12590, completed the roads and other required public improvements in
connection with
, which map has been filed in
the Dutchess County Office as filed map number 11701B on October 21, 2016 (hereinafter
the Subdivision which have been dedicated and accepted by the Town of Wappinger (hereinafter
; and
WHEREAS, pursuant to §214-43(B) of the Town of Wappinger Code the undersigned is
required to guarantee that the quality and workmanship of any roads and public improvements to be
dedicated to the Town in connection with the aforementioned Subdivision, will be free from defects
in materials and workmanship for a period of two years from the date of acceptance by the Town;
and
NOW, THEREFORE, R.J.A. HLD., INC. guarantees that the quality and workmanship of
the roads and other public improvements constructed and installed in connection with the
Subdivision will be free from defects in materials and workmanship for a period of three years from
the date of acceptance of said roads and improvements by the Town, and as security for this
Maintenance Agreement, the undersigned delivers to the Town the following security for the faithful
performance of the obligations contained herein a Road Maintenance Bond issued by
_____________________________ bearing number ______________________, in the principal
sum of One Hundred Four Thousand Nine Hundred Thirty Seven and 08/1000 ($104,937.08)
issued in favor of the Town of Wappinger and the undersigned consents to the terms thereof as
security for the obligations contained herein.
Date: May ____, 2020
R.J.A. HLD., INC,
________________________________
By: Robert Macho, President
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS )
On the ____ day of May 2020, before me, the undersigned, personally appeared Robert Macho
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his capacity, and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
_____________________________
Notary Public
Attachment: All Angels Heights Maintenance Agreement for Roads (RES-2020-110 : Accepting Padasana Court And Related Easements For All
Packet Pg. 18
9.1.b
Attachment: 20200506-Padasana Crt Ltr (RES-2020-110 : Accepting Padasana Court And Related Easements For All Angels Heights
Packet Pg. 19
9.2.a
Attachment: HD to HB Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees
Packet Pg. 20
9.2.b
Attachment: Marlorville Rd Rezoning (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122
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9.2.c
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
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9.2.c
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Packet Pg. 23
9.2.c
ToDate #pgs
Dutchess County Department of
Co./Dept.From
Only
Planning and Development
Fax Info
Fax #Phone #
239 Planning/Zoning Referral - Exemption Communities
Municipality:Town of Wappinger
Referring Agency: Municipal Board
Tax Parcel Numbers(s): 0088350000, 9968420000, 9878520000, 9598700000, 9488750000, 9609030000, 9658930000,
9739120000, 9768920000, 9778840000, 9898930000, 9918750000, 0108600000, 0328720000, 0278800000, 0178910000...
Project Name: Local law 2 of 2020 - several code changes and rezonings
Applicant:Town of Wappinger
Address of Property:
Exempt Actions:*Actions Requiring 239 Review
Parcels within 500 feet of:
239 Review is NOT Required
Comprehensive/Master Plans
State Road:
Administrative Amendments (fees,
Zoning Amendments (standards, uses,
procedures, penalties, etc.)
County Road:
definitions, district regulations, etc.)
Special Permits for residential uses
Rezonings involving all map changes
State Property (with recreation area
(accessory apts, home occupations,
or public building)
etc.)
Site Plans (all)
County Property (with recreation
Use Variances for residential uses
area or public building)
Special Permits for all non-residential uses
Please Fill in this section
Area Variances for residential uses
Municipal Boundary
Use Variances for all non-residential uses
Renewals/Extension of Site Plans or
Farm operation in an Agricultural
Special Permits that have no changes
District
Area Variances for all non-residential uses
from previous approvals
No Authority to review these Actions
Other Local Laws associated with zoning
Subdivisions / Lot Line Adjustments
(wetlands, historic preservation, affordable
housing, architectural review, etc.)
Interpretations
Other (Describe):
Exempt Action submitted for informal
review
Date Response Requested: 7/8/2020
Entered By: Tuttle, Dylan
*These actions are only exempt in municipalities that signed an intermunicipal agreemment with Dutchess County to that effect.*
For County Office Use Only
Response From Dutchess County Department of Planning and Development
No Comments:Comments Attached:
Matter of Local ConcernLocal Concern with Comments
No JurisdictionConditional
No AuthorityDenial
WithdrawnIncomplete with Comments- municipality must resubmit to County
Informal Comments Only (Action Exempt from 239 Review)
Incomplete - municipality must resubmit to County
Exempt from 239 Review
None
Date Submitted:6/15/2020
Notes:
Major Project
Date Received:6/18/2020
Referral #: ZR20-142
Date Requested:7/8/2020
Date Required:7/15/2020
Also mailed
Reviewer:
hard copy
Attachment: ZR20-142 (RES-2020-126 : Adopting Local Law No. 3 Chap 217 Subdivision Of Land, Chap 145, Go-Carts, Chap 122 Fees & Fines)
Date Transmitted:7/9/2020
Date Printed: 7/9/2020
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9.4.a
TENANCY AGREEMENT FOR CONNECTION TO
THE UNITED WAPPINGER WATER DISTRICT
th
THIS AGREEMENT made the 14 day of September, 2020 by and between
the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED
WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of
the Town Law UWWD
having offices at
20 Middlebush Road
Wappingers Falls, New York 12590
AND
JOHN D. GROGAN
residing at
91 Old Hopewell Road
Wappingers Falls, New York 12590
W I T N E S S E T H:
WHEREAS, Owner is the fee simple owner of a parcel of approximately 0.33 acres of land
located in the Town of Wappinger, County of Dutchess, State of New York having an address of 87
Old Hopewell Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number
6157-01-128597 (the Property
WHEREAS, the Property is more fully described by metes and bounds descriptions attached
WHEREAS, the Property is a single family residence; and
WHEREAS, the water supplied by the existing well does not comply with applicable health
department standards and the Owner desires to obtain municipal water for the property; and
WHEREAS, the property is not currently located within a Water District in the Town of
Wappinger but the property abuts the UWWD water main that is located within the Old Hopewell
Attachment: GROGAN WATER TENANCY AGREEMENT - REV DATE 2020-09-10.docx (RES-2020-151 : Resolution Authorizing Water Tenancy
Packet Pg. 25
9.4.a
Road Right of Wayand awater shutoff valve is located within the Right of Way for a future connection
to the property; and
WHEREAS, the parties have determined that it is desirable to provide water service to the
Property by the creation of a water tenancy agreement; and
WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property
which is estimated at Three Hundred and Thirty gallons per day (330 gpd); and
WHEREAS, UWWD is willing to provide water service to the Property and to allow access
over its pipes, mains, pump station and infrastructure for the water service to the Property provided
that the New York State Department of Environmental Conservation issues a Water Supply Permit
to allow the UWWD to provide water to the Property, if such Permit is required;
WHEREAS, as consideration for obtaining access to the UWWD, the Owner shall construct
all improvements necessary for connecting the Property to the UWWD, and
WHEREAS, this Tenancy Agreement is intended as an interim procedure and the Property is
intended to be included in a future extension of the UWWD;
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein
and other valuable consideration, the parties hereto agree as follows:
1. TERM. The term shall commence upon the execution of this Agreement by all parties and
the initial term shall expire forty years from the date water service is first provided to the Property,
unless it is sooner terminated by other provisions set forth herein. Provided the Owner is not in
default, the term of this agreement shall be automatically renewed thereafter for subsequent five year
terms until such time as the either party gives notice of the termination of the renewal Agreement,
such notice of termination of the renewal Agreement must be given at least six months prior to the
expiration of the term unless the Agreement is sooner terminated by other provisions of this
Agreement.
2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this
Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities
of the UWWD as provided by this Agreement.
3. CONSTRUCTION OF IMPROVEMENTS Owner will, at its sole cost and expense, design
and construct all water improvements necessary to connect the Property to the UWWD water
distribution system at the water shutoff valve in the public right of way abutting the Property.
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9.4.a
A. The water improvements shall be constructed in accordance with the following
standards:
i) Installation of the water improvements shall be in accordance with Chapter
234 of the Code of the Town of Wappinger;
ii) Installation of the water improvements shall comply with all applicable
statutes, regulations and rules adopted by Federal, State and Local
jurisdictions including but not limited to: Part 5 of the Sanitary Code of the
State of New York (10 NYCRR Chapter I, Part 5);
iii) The water service connections shall be in conformance with
Residential Water Connection Specifications.
iv) Construction of the improvements is subject to final inspection and
approval by the Town Engineer, the Building Department and the Water
System Operator. Water service may not be turned on unless approval is
given by the Town Engineer, the Water System Operator and the Building
Department.
B. REVIEW BY TOWN The Town engineer must approve all plans and
specifications and will be permitted to inspect the construction as it progresses.
The Owner shall be responsible to reimburse the Town for the reasonable costs
of engineering review and inspection for this project, including post-completion
review.
C. NECESSARY PERMITS
i) Owner shall acquire, at its expense, any and all permits necessary in order
to undertake the project provided for herein, included but not limited to:
road opening permits, NYS DOT permits, NYS DEC permits, grading
permits, plumbing permits, NYS Department of Health, Dutchess County
Department of Health permits, and Town of Wappinger Building Permits.
ii) To the extent the Town must obtain any regulatory approvals to implement
this Agreement, including but not limited to a water supply permit from
NYDEC, the Town shall obtain the same and the Owner shall reimburse
the Town for the costs of any such permits.
iii) If necessary, the Owner shall apply for approval from the Dutchess County
Department of Health within 30 days of the execution of this agreement.
4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water
improvements constructed by the Owner shall be property of the Owner and the Owner will be
responsible for the operation and maintenance of all aspects of the water improvements from the
point of connection with the UWWD water distribution line, onto and throughout the Property. The
Owner shall operate and maintain all water improvements necessary to connect the Property to the
UWWD water distribution system in good condition without leaks.
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9.4.a
A. When leakage occurs on pipes and facilities owned by Owner, Owner shall make
the necessary repairs immediately when they are discovered. If Owner fails to make
said repairs as soon as possible, the Town may take such steps necessary to protect
the Town water supply, including, if necessary, the right to discontinue water
service, until such time as the leak is repaired. If water service is discontinued, the
Owner shall pay the Town the restoration of service charge.
B. Owner shall replace or repair such portions of the water improvements that are
deemed necessary by the Town Engineer or the Water Department within the time
prescribed by the notice to cure. If Owner fails to make said repairs or replacement
within the time provided by the notice, the Town may take such steps necessary
to protect the Town water supply, including, if necessary, replacement or repair as
provided above and/or the right to discontinue water service, until such time as
the repairs or replacement is completed. If water service is discontinued, the
Owner shall pay the Town the restoration of service charge.
5. COST OF IMPROVEMENTS The cost of the improvements to be paid by the Owner shall
include all costs necessary or incidental to the construction of the water services for connection of the
distribution facilities of the UWWD.
6. INDEMNIFICATION The water services to be constructed by the Owner will be
constructed by it, or its agents, as an independent contractor. The Owner and its agents will hold the
Town, its agents and consultants harmless from any claims or causes of action brought against them,
The Town shall be named as an additional insured, and proof of said addition shall be provided prior
to the commencement of any construction. Claims arising from the acts or omissions of UWWD are
excluded from this paragraph.
A. Owner will hold UWWD and Town of Wappinger harmless from any claims for
om the connection of
7. WATER RATES While this Agreement is in effect, the Owner, its successors and assigns,
will pay on an annual basis or at such intervals that the Town bills its customers the same water
charges, benefit assessment charges or other fees and assessments imposed or to be imposed on
property owners within the UWWD for water and does consent to said charges being deemed liens
on the Property in the same manner as if the Property was located within the boundaries of the
District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the
Town of Wappinger Code as the same may be amended from time to time hereafter.
A. The Owner consents that unpaid water charges become liens on the Property and
B. Service restoration fees and other miscellaneous charges shall be in accordance
with Chapter 234 of the Town of Wappinger Code and the rules and regulations
of the UWWD Water System.
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9.4.a
8. NO OTHER HOOK-UPS There shall be no additional permission to serve any property
outside of the District other than the one herein described though the water improvements being
constructed by Owner. The parties agree that no other parcel shall be allowed to connect to the water
service line being constructed by the Owner without the express written approval by the Town.
9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations
of the Town and New York State Law, including but not limited to Chapter 234 of the Town of
Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given,
suspend, curtail or discontinue water service on a temporary basis:
A. for failure by Owner to comply with any valid governmental order or directive,
such discontinuance shall be for the shortest time practicable.
B. for any of the following acts or omissions on the part of the Owner; provided
however that reasonable arrangements are made for the provision of water service
to the residents using the water improvements provided for in this Agreement.
10. Subject to Paragraph 11 following, the following shall constitute default by Owner:
A. Non-payment of any valid bill due for service for the Property, provided that a
notice of default has been given which provides a period of ten days to cure the
default in payment or file a written notice of objection to the Town. If the Owner
files an objection, the Town Board shall hear such objection at its next meeting
and determine the validity of such objection. In the event the objection is not
sustained then water service may be discontinued.
B. Disconnecting the meter or in any way tampering or interfering with the meter or
remote meter reading device or tampering with any other facility of the Town
without permission.
C. Providing water service to others without the approval of the Town.
D. Failure to remove any non-conforming temporary or permanent physical
connection or interconnection to any unapproved source of supply.
E. Maintenance of any water outlet improperly protected against backflow or back-
siphonage, or connecting or operating any piping or other facility on the Owner
premises in such manner as to adversely affect the safety or adequacy of service
provided to other Town water customers present or prospective.
F. Willful wasting of water after a notice to cure has been served and a 10-day cure
period has expired, and no cure has been effected.
G. Failure to properly construct and maintain meter housings.
H. Failure to comply with the terms of orders any Court or governmental authority
having jurisdiction concerning the obligations of Owner under this Agreement.
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9.4.a
I. Refusal to allow reasonable access to the Property for necessary purposes in
connection with rendering of service, including meter installation, reading, or
testing, or the maintenance or removal of the Town
11. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED
BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS
OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER
RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER
THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL
SEEK IN SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS
WHICH DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR
HEALTH.
12. EARLY TERMINATION OF AGREEMENT Subject to the right of Owner to challenge
any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply
in good faith with any governmental order or directive concerning the obligations of Owner under
the terms of this Agreement. The following shall constitute grounds for early termination of this
Agreement:
A. If the Owner is not able to install the necessary water improvements this
Agreement shall terminate upon notice to the Town of such fact.
B. This Agreement shall terminate if Owner does not commence construction of the
improvements within three years of the execution of this Agreement by both
parties.
C. The Owner acknowledges that the Town has the right and obligation under this
Agreement to discontinue water service to customers outside the District when
the UWWD water supply is insufficient to meet the needs of District residents.
In the event that there is no longer surplus water capacity to service the Property,
the Town may seek judicial authorization to terminate water service under this
Agreement. The Town shall give the Owner sufficient time to obtain an alternative
water source and construction of a connection to such alternate source, in
accordance with said approval. In no event shall the notice period be less than
three months, except in the case of an emergency.
D. In the event a water district or water improvement area of the Town of Wappinger
is extended to cover the Property and the Property is approved to obtain water
from such water district or improvement area, this Agreement shall terminate
(without the need for Court order). The Owner shall have a reasonable amount of
time to make connection with Town of Wappinger water service.
E. Neither party shall be entitled to damages or penalties if this Agreement is
terminated in accordance with this section.
13. TOWN CODE & WATER DISTRICT REGULATIONS The Owner agrees to abide by
and be bound by Chapter 234 of the Code of the Town
rules and regulations adopted by the Town Board for the operation of the UWWD Water system.
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9.4.a
14. TOWNRIGHT TO INSPECT The Town and its employees and agents shall have the
right to enter upon the Property at reasonable times to inspect the water improvements in order to
determine that the water improvements are functioning properly and are in compliance with this
Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not
be construed to place the Town in a position of responsibility for maintainins water
distribution system. The purpose of inspections is to protect the UWWD water system. Failure to
permit access to inspect the water improvements shall be considered a default of this Agreement and
the Town shall be authorized to discontinue service until such time suitable access is provided.
15. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to
enter upon the Property in the case of an emergency to make such repairs to the water system that are
necessary.
16. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and
until the SEQRA review is completed by the lead agency designated by the Town Board.
17. BUY-IN FEE Owner shall make payment of a buy-in fee of $3,200 pursuant to Town Code
Section 236-6(B)(2)(b)(1). The buy-in fee provided for in this Agreement is intended to serve as a
credit for the buy-in fee for inclusion in the District by reason of the fact that this tenancy is intended
as an interim procedure pending inclusion of the property in the District.
18. WATER PRESSURE The continuing adequacy of the water pressure is in no way
guaranteed by the Town.
A. The Owner shall be allowed to conduct any tests it deems appropriate to determine
that the water pressure of the UWWD Water System is sufficient for its needs. All
such tests must be completed before the buy-in fee is due. In the event that these
tests determine that the water pressure of the UWWD Water System is not
sufficient, the Owner may terminate this Agreement. Once the incentive fee has
been paid, the Owner may not terminate this Agreement pursuant to this section.
B. The Owner acknowledges that they have the opportunity to become fully familiar
with the water pressure supplied to the Property by the UWWD water system and
any limitations said pressure may have on any firefighting apparatus. With this
19. PROHIBITED USES The Property may only be used as a single-family residence.
20. COSTS & ATTORNEYS FEES The Owner is liable for all costs, charges, duties and
responsibilities imposed upon the Owner by this Agreement. The parties may enforce this Agreement
by judicial action and the prevailing party shall be entitled to recover its reasonable costs and
fees in any action to enforce this Agreement.
21. COOPERATION
diligence in proceeding with the approvals, planning and construction of the proposed project are
expressly made terms and conditions of this Agreement. The parties acknowledge that, although they
have attempted to incorporate and resolve all matters relative to the proposed improvements, certain
matters will likely arise hereafter which were not addressed in whole or in part by this Agreement.
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9.4.a
Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become
necessary in the future to effectuate the purpose and intent of this Agreement.
22. AUTHORITY It is expressly understood and acknowledged that the signatories to this
Agreement have the power to bind their respective parties to all of the terms and conditions contained
herein. All resolutions of the respective governing bodies of the Town have been adopted by the
appropriate legislative authority.
23. APPLICABLE LAW This Agreement shall be governed under the laws of the State of
New York.
24. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York
State Court of competent jurisdiction located within the County of Dutchess, State of New York.
25. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the
entire agreement and understanding of the parties with respect to the subject matter hereof and
supersede all prior agreements and understandings, whether oral or written. No modification or
claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly
authorized representative against whom such modification or waiver is sought to be enforced.
26. WAIVER None of the terms of this Agreement can be waived or modified except by an
express Agreement in writing signed by both parties. There are no representations, promises,
warranties, covenants, or undertakings other than those contained in this Agreement, which represents
the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by
either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing
waiver or a modification thereof and either party may, within the time provided by applicable law,
commence appropriate legal proceedings to enforce any or all of such rights.
27. SEVERABILITY All rights, powers and remedies provided herein may be exercised only
to the extent that the exercise thereof does not violate any applicable law, and are intended to be
limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or
not entitled to be recorded under any applicable law. If any term, covenant or condition of this
Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms,
covenants and conditions of this Agreement shall in no way be affected thereby.
28. EXTENSION OF SPECIAL DISTRICT UWWD and the Town of Wappinger reserve
the right to extend the boundaries of U
Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District.
The Owner agrees to irrevocably execute any Petition pursuant to Article 12 of the Town Law to
extend the boundaries of the UWWD to include the Property, or for any other Water District formed
by the Town to include the Property. If the Town Board on its own motion, pursuant to Article 12A
of the Town Law, determines to extend the boundaries of the UWWD to include the Property or to
create a new District the boundaries of which will encompass the Property, Owner will not take any
29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and
assigns of Owner and it shall run with the land comprising the Property and the parties shall record
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9.4.a
this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to
the Property.
30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the
request of any other party make, execute, acknowledge and deliver, or cause to be done, all such
further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the
transactions contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized
officers as IN WITNESS WHEREOF, the parties have set their hand and seals by their duly
authorized officers as of the date first above written.
_______________________
JOHN D. GROGAN
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared JOHN D. GROGAN personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
____________________________
Notary Public
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9.4.a
TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER
WATER DISTRICT
______________________________ _______________________________
Supervisor Councilmember
______________________________ _______________________________
Councilmember Councilmember
_______________________________
Councilmember
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared Richard Thurston, William Beale, Angela Bettina, Al Casella and Christopher
Phillips personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
____________________________
Notary Public
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9.4.a
EXHIBIT A
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Hamlet of
Hughsonville, Town of Wappinger, County of Dutchess and State of New York, being described as
follows:
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9.5.a
TENANCY AGREEMENT FOR CONNECTION TO
THE UNITED WAPPINGER WATER DISTRICT
th
THIS AGREEMENT made the 14 day of September, 2020 by and between
the Town of Wappinger, acting through its elected Town Board on behalf of the UNITED
WAPPINGER WATER DISTRICT, a special improvement district operating under Article 12 of
the Town Law UWWD
having offices at
20 Middlebush Road
Wappingers Falls, New York 12590
AND
GILBERTH TAPIA-CORNEJO and ANGELICA MESIAS-CARABAJO
residing at
93 Old Hopewell Road
Wappingers Falls, New York 12590
W I T N E S S E T H:
WHEREAS, Owner is the fee simple owner of a parcel of approximately 0.69 acres of land
located in the Town of Wappinger, County of Dutchess, State of New York having an address of 93
Old Hopewell Road, Wappingers Falls, NY and designated as Tax Parcel Grid Identification Number
6157-01-139597 (the Property
WHEREAS, the Property is more fully described by metes and bounds descriptions attached
hereto
WHEREAS, the Property is a single family residence; and
WHEREAS, the water supplied by the existing well does not comply with applicable health
department standards and the Owner desires to obtain municipal water for the property; and
WHEREAS, the property is not currently located within a Water District in the Town of
Wappinger but the property abuts the UWWD water main that is located within the Old Hopewell
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9.5.a
Road Right of Wayand awater shutoff valve is located within the Right of Way for a future connection
to the property; and
WHEREAS, the parties have determined that it is desirable to provide water service to the
Property by the creation of a water tenancy agreement; and
WHEREAS, the UWWD has sufficient capacity to meet the water demand of the Property
which is estimated at Three Hundred and Thirty gallons per day (330 gpd); and
WHEREAS, UWWD is willing to provide water service to the Property and to allow access
over its pipes, mains, pump station and infrastructure for the water service to the Property provided
that the New York State Department of Environmental Conservation issues a Water Supply Permit
to allow the UWWD to provide water to the Property, if such Permit is required;
WHEREAS, as consideration for obtaining access to the UWWD, the Owner shall construct
all improvements necessary for connecting the Property to the UWWD, and
WHEREAS, this Tenancy Agreement is intended as an interim procedure and the Property is
intended to be included in a future extension of the UWWD;
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions herein
and other valuable consideration, the parties hereto agree as follows:
1. TERM. The term shall commence upon the execution of this Agreement by all parties and
the initial term shall expire forty years from the date water service is first provided to the Property,
unless it is sooner terminated by other provisions set forth herein. Provided the Owner is not in
default, the term of this agreement shall be automatically renewed thereafter for subsequent five year
terms until such time as the either party gives notice of the termination of the renewal Agreement,
such notice of termination of the renewal Agreement must be given at least six months prior to the
expiration of the term unless the Agreement is sooner terminated by other provisions of this
Agreement.
2. RIGHT TO CONNECT In consideration of the promises made by the Owner under this
Agreement, the UWWD grants unto the Owner the right to connect to the water distribution facilities
of the UWWD as provided by this Agreement.
3. CONSTRUCTION OF IMPROVEMENTS Owner will, at its sole cost and expense, design
and construct all water improvements necessary to connect the Property to the UWWD water
distribution system at the water shutoff valve in the public right of way abutting the Property.
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9.5.a
A. The water improvements shall be constructed in accordance with the following
standards:
i) Installation of the water improvements shall be in accordance with Chapter
234 of the Code of the Town of Wappinger;
ii) Installation of the water improvements shall comply with all applicable
statutes, regulations and rules adopted by Federal, State and Local
jurisdictions including but not limited to: Part 5 of the Sanitary Code of the
State of New York (10 NYCRR Chapter I, Part 5);
iii) The water service connections shall be in conformance with
Residential Water Connection Specifications.
iv) Construction of the improvements is subject to final inspection and
approval by the Town Engineer, the Building Department and the Water
System Operator. Water service may not be turned on unless approval is
given by the Town Engineer, the Water System Operator and the Building
Department.
B. REVIEW BY TOWN The Town engineer must approve all plans and
specifications and will be permitted to inspect the construction as it progresses.
The Owner shall be responsible to reimburse the Town for the reasonable costs
of engineering review and inspection for this project, including post-completion
review.
C. NECESSARY PERMITS
i) Owner shall acquire, at its expense, any and all permits necessary in order
to undertake the project provided for herein, included but not limited to:
road opening permits, NYS DOT permits, NYS DEC permits, grading
permits, plumbing permits, NYS Department of Health, Dutchess County
Department of Health permits, and Town of Wappinger Building Permits.
ii) To the extent the Town must obtain any regulatory approvals to implement
this Agreement, including but not limited to a water supply permit from
NYDEC, the Town shall obtain the same and the Owner shall reimburse
the Town for the costs of any such permits.
iii) If necessary, the Owner shall apply for approval from the Dutchess County
Department of Health within 30 days of the execution of this agreement.
4. OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT All water
improvements constructed by the Owner shall be property of the Owner and the Owner will be
responsible for the operation and maintenance of all aspects of the water improvements from the
point of connection with the UWWD water distribution line, onto and throughout the Property. The
Owner shall operate and maintain all water improvements necessary to connect the Property to the
UWWD water distribution system in good condition without leaks.
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9.5.a
A. When leakage occurs on pipes and facilities owned by Owner, Owner shall make
the necessary repairs immediately when they are discovered. If Owner fails to make
said repairs as soon as possible, the Town may take such steps necessary to protect
the Town water supply, including, if necessary, the right to discontinue water
service, until such time as the leak is repaired. If water service is discontinued, the
Owner shall pay the Town the restoration of service charge.
B. Owner shall replace or repair such portions of the water improvements that are
deemed necessary by the Town Engineer or the Water Department within the time
prescribed by the notice to cure. If Owner fails to make said repairs or replacement
within the time provided by the notice, the Town may take such steps necessary
to protect the Town water supply, including, if necessary, replacement or repair as
provided above and/or the right to discontinue water service, until such time as
the repairs or replacement is completed. If water service is discontinued, the
Owner shall pay the Town the restoration of service charge.
5. COST OF IMPROVEMENTS The cost of the improvements to be paid by the Owner shall
include all costs necessary or incidental to the construction of the water services for connection of the
distribution facilities of the UWWD.
6. INDEMNIFICATION The water services to be constructed by the Owner will be
constructed by it, or its agents, as an independent contractor. The Owner and its agents will hold the
Town, its agents and consultants harmless from any claims or causes of action brought against them,
of any agent, employee or subcontractor of the Owner.
The Town shall be named as an additional insured, and proof of said addition shall be provided prior
to the commencement of any construction. Claims arising from the acts or omissions of UWWD are
excluded from this paragraph.
A. Owner will hold UWWD and Town of Wappinger harmless from any claims for
7. WATER RATES While this Agreement is in effect, the Owner, its successors and assigns,
will pay on an annual basis or at such intervals that the Town bills its customers the same water
charges, benefit assessment charges or other fees and assessments imposed or to be imposed on
property owners within the UWWD for water and does consent to said charges being deemed liens
on the Property in the same manner as if the Property was located within the boundaries of the
District. The Water Charges shall be determined and payable in accordance with Chapter 234 of the
Town of Wappinger Code as the same may be amended from time to time hereafter.
A. The Owner consents that unpaid water charges become liens on the Property and
or assigns.
B. Service restoration fees and other miscellaneous charges shall be in accordance
with Chapter 234 of the Town of Wappinger Code and the rules and regulations
of the UWWD Water System.
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9.5.a
8. NO OTHER HOOK-UPS There shall be no additional permission to serve any property
outside of the District other than the one herein described though the water improvements being
constructed by Owner. The parties agree that no other parcel shall be allowed to connect to the water
service line being constructed by the Owner without the express written approval by the Town.
9. TEMPORARY DISCONTINUANCE OF SERVICE In accordance with the regulations
of the Town and New York State Law, including but not limited to Chapter 234 of the Town of
Wappinger Code, the Town may, upon reasonable notice, when such notice can reasonably be given,
suspend, curtail or discontinue water service on a temporary basis:
A. for failure by Owner to comply with any valid governmental order or directive,
such discontinuance shall be for the shortest time practicable.
B. for any of the following acts or omissions on the part of the Owner; provided
however that reasonable arrangements are made for the provision of water service
to the residents using the water improvements provided for in this Agreement.
10. Subject to Paragraph 11 following, the following shall constitute default by Owner:
A. Non-payment of any valid bill due for service for the Property, provided that a
notice of default has been given which provides a period of ten days to cure the
default in payment or file a written notice of objection to the Town. If the Owner
files an objection, the Town Board shall hear such objection at its next meeting
and determine the validity of such objection. In the event the objection is not
sustained then water service may be discontinued.
B. Disconnecting the meter or in any way tampering or interfering with the meter or
remote meter reading device or tampering with any other facility of the Town
without permission.
C. Providing water service to others without the approval of the Town.
D. Failure to remove any non-conforming temporary or permanent physical
connection or interconnection to any unapproved source of supply.
E. Maintenance of any water outlet improperly protected against backflow or back-
siphonage, or connecting or operating any piping or other facility on the Owner
premises in such manner as to adversely affect the safety or adequacy of service
provided to other Town water customers present or prospective.
F. Willful wasting of water after a notice to cure has been served and a 10-day cure
period has expired, and no cure has been effected.
G. Failure to properly construct and maintain meter housings.
H. Failure to comply with the terms of orders any Court or governmental authority
having jurisdiction concerning the obligations of Owner under this Agreement.
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I. Refusal to allow reasonable access to the Property for necessary purposes in
connection with rendering of service, including meter installation, reading, or
testing, or the maintenance or removal of the Town
11. ENFORCEMENT OF THIS AGREEMENT BY UWWD SHALL BE EFFECTUATED
BY PROCEEDING TO PLACE AND ENFORCE A LIEN FOR FINANCIAL OBLIGATIONS
OF OWNER UNDER THIS AGREEMENT OR BY SEEKING INJUNCTIVE OR OTHER
RELIEF FROM A COURT OF COMPETENT JURISDICTION FOR DEFAULT OTHER
THAN DEFAULT OF FINANCIAL OBLIGATIONS PROVIDED THAT UWWD SHALL
SEEK IN SUCH ORDER AND PERMIT A REASONABLE CURE PERIOD FOR DEFAULTS
WHICH DO NOT PRESENT AN IMMEDIATE HAZARD TO LIFE, PROPERTY OR
HEALTH.
12. EARLY TERMINATION OF AGREEMENT Subject to the right of Owner to challenge
any governmental order or directive that Owner asserts is invalid or unreasonable, Owner shall comply
in good faith with any governmental order or directive concerning the obligations of Owner under
the terms of this Agreement. The following shall constitute grounds for early termination of this
Agreement:
A. If the Owner is not able to install the necessary water improvements this
Agreement shall terminate upon notice to the Town of such fact.
B. This Agreement shall terminate if Owner does not commence construction of the
improvements within three years of the execution of this Agreement by both
parties.
C. The Owner acknowledges that the Town has the right and obligation under this
Agreement to discontinue water service to customers outside the District when
the water supply is insufficient to meet the needs of District residents.
In the event that there is no longer surplus water capacity to service the Property,
the Town may seek judicial authorization to terminate water service under this
Agreement. The Town shall give the Owner sufficient time to obtain an alternative
water source and construction of a connection to such alternate source, in
accordance with said approval. In no event shall the notice period be less than
three months, except in the case of an emergency.
D. In the event a water district or water improvement area of the Town of Wappinger
is extended to cover the Property and the Property is approved to obtain water
from such water district or improvement area, this Agreement shall terminate
(without the need for Court order). The Owner shall have a reasonable amount of
time to make connection with Town of Wappinger water service.
E. Neither party shall be entitled to damages or penalties if this Agreement is
terminated in accordance with this section.
13. TOWN CODE & WATER DISTRICT REGULATIONS The Owner agrees to abide by
and be bound by Chapter 234 of the Code of the Town
rules and regulations adopted by the Town Board for the operation of the UWWD Water system.
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14. TOWNRIGHT TO INSPECT The Town and its employees and agents shall have the
right to enter upon the Property at reasonable times to inspect the water improvements in order to
determine that the water improvements are functioning properly and are in compliance with this
Agreement, the Town of Wappinger Code and other applicable laws. The right to inspect shall not
be construed to place the Town in a position of responsibility for maintainins water
distribution system. The purpose of inspections is to protect the UWWD water system. Failure to
permit access to inspect the water improvements shall be considered a default of this Agreement and
the Town shall be authorized to discontinue service until such time suitable access is provided.
15. EMERGENCY REPAIRS The Town and its employees and agents shall have the right to
enter upon the Property in the case of an emergency to make such repairs to the water system that are
necessary.
16. SEQRA REVIEW This Agreement is contingent upon and shall not take effect unless and
until the SEQRA review is completed by the lead agency designated by the Town Board.
17. BUY-IN FEE Owner shall make payment of a buy-in fee of $3,200 pursuant to Town Code
Section 236-6(B)(2)(b)(1). The buy-in fee provided for in this Agreement is intended to serve as a
credit for the buy-in fee for inclusion in the District by reason of the fact that this tenancy is intended
as an interim procedure pending inclusion of the property in the District.
18. WATER PRESSURE The continuing adequacy of the water pressure is in no way
guaranteed by the Town.
A. The Owner shall be allowed to conduct any tests it deems appropriate to determine
that the water pressure of the UWWD Water System is sufficient for its needs. All
such tests must be completed before the buy-in fee is due. In the event that these
tests determine that the water pressure of the UWWD Water System is not
sufficient, the Owner may terminate this Agreement. Once the incentive fee has
been paid, the Owner may not terminate this Agreement pursuant to this section.
B. The Owner acknowledges that they have the opportunity to become fully familiar
with the water pressure supplied to the Property by the UWWD water system and
any limitations said pressure may have on any firefighting apparatus. With this
knowl
19. PROHIBITED USES The Property may only be used as a single-family residence.
20. COSTS & ATTORNEYS FEES The Owner is liable for all costs, charges, duties and
responsibilities imposed upon the Owner by this Agreement. The parties may enforce this Agreement
by judicial action and the prevailing party shall be entitled to recover its reasonable costs and
fees in any action to enforce this Agreement.
21. COOPERATION It is expressly understood
diligence in proceeding with the approvals, planning and construction of the proposed project are
expressly made terms and conditions of this Agreement. The parties acknowledge that, although they
have attempted to incorporate and resolve all matters relative to the proposed improvements, certain
matters will likely arise hereafter which were not addressed in whole or in part by this Agreement.
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Accordingly, the parties hereto shall, in good faith, cooperate to do all things, which may become
necessary in the future to effectuate the purpose and intent of this Agreement.
22. AUTHORITY It is expressly understood and acknowledged that the signatories to this
Agreement have the power to bind their respective parties to all of the terms and conditions contained
herein. All resolutions of the respective governing bodies of the Town have been adopted by the
appropriate legislative authority.
23. APPLICABLE LAW This Agreement shall be governed under the laws of the State of
New York.
24. VENUE Venue for any dispute arising from this Agreement shall be placed in a New York
State Court of competent jurisdiction located within the County of Dutchess, State of New York.
25. ENTIRE AGREEMENT This Agreement and any attachments hereto constitute the
entire agreement and understanding of the parties with respect to the subject matter hereof and
supersede all prior agreements and understandings, whether oral or written. No modification or
claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by the duly
authorized representative against whom such modification or waiver is sought to be enforced.
26. WAIVER None of the terms of this Agreement can be waived or modified except by an
express Agreement in writing signed by both parties. There are no representations, promises,
warranties, covenants, or undertakings other than those contained in this Agreement, which represents
the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by
either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing
waiver or a modification thereof and either party may, within the time provided by applicable law,
commence appropriate legal proceedings to enforce any or all of such rights.
27. SEVERABILITY All rights, powers and remedies provided herein may be exercised only
to the extent that the exercise thereof does not violate any applicable law, and are intended to be
limited to the extent necessary so that they will not render this Agreement invalid, unenforceable or
not entitled to be recorded under any applicable law. If any term, covenant or condition of this
Agreement shall be held to be invalid, illegal or unenforceable, the validity of the other terms,
covenants and conditions of this Agreement shall in no way be affected thereby.
28. EXTENSION OF SPECIAL DISTRICT UWWD and the Town of Wappinger reserve
Owner pursuant to Article 12 of the Town Law, the Town will use best efforts to extend the District.
The Owner agrees to irrevocably execute any Petition pursuant to Article 12 of the Town Law to
extend the boundaries of the UWWD to include the Property, or for any other Water District formed
by the Town to include the Property. If the Town Board on its own motion, pursuant to Article 12A
of the Town Law, determines to extend the boundaries of the UWWD to include the Property or to
create a new District the boundaries of which will encompass the Property, Owner will not take any
29. SUCCESSORS AND ASSIGNS This Agreement is binding upon the heirs, successors and
assigns of Owner and it shall run with the land comprising the Property and the parties shall record
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this Agreement or a Memorandum of this Agreement with the Clerk of Dutchess County, indexed to
the Property.
30. ADDITIONAL DOCUMENTS Each party will, at any time and from time to time, at the
request of any other party make, execute, acknowledge and deliver, or cause to be done, all such
further acts, deeds or other documents as may reasonably be necessary or appropriate to complete the
transactions contemplated by this Agreement.
IN WITNESS WHEREOF, the parties have set their hand and seals by their duly authorized
officers as IN WITNESS WHEREOF, the parties have set their hand and seals by their duly
authorized officers as of the date first above written.
____________________________
GILBERTH TAPIA-CORNEJO
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared GILBERTH TAPIA-CORNEJO personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
____________________________
Notary Public
____________________________
ANGELICA MESIAS-CARABAJO
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared ANGELICA MESIAS-CARABAJO personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
____________________________
Notary Public
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TOWN OF WAPPINGER TOWN BOARD ON BEHALF OF UNITED WAPPINGER
WATER DISTRICT
______________________________ _______________________________
Supervisor Councilmember
______________________________ _______________________________
Councilmember Councilmember
_______________________________
Councilmember
ACKNOWLEDGEMENTS
STATE OF NEW YORK )
COUNTY OF DUTCHESS ) ss.
On the ___ day of September, 2020, before me, the undersigned, a Notary Public in and for said State,
personally appeared Richard Thurston, William Beale, Angela Bettina, Al Casella and Christopher
Phillips personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
____________________________
Notary Public
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9.5.a
EXHIBIT A
ALL that certain plot, piece, or parcel of land, situate, lying and being in the Hamlet of
Hughsonville, Town of Wappinger, County of Dutchess and State of New York, being described as
follows:
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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9.6.a
Attachment: 2020-09-14 (RES-2020-153 : Correspondence Log)
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