2023-852023-85
Resolution Authorizing Water Tenancy Agreement For Nature Preserve Homeowners'
Association, Inc.
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 June 26, 2023.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being
called, the following was recorded:
✓ Vote Record - Resolution RES -2023-85
❑ Adopted Yes/Aye No/Nay Abstain Absent
Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H. Beale Mover 2 ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilwoman
Bettina.
WHEREAS, the Nature Preserve Homeowners Association, Inc. (the HOA) provides potable
water to 53 residential units at the Nature Preserve on Berry Lane and Doe Trail; and
WHEREAS, the wells of the HOA have failed and can no longer provide potable water to the
residents of the Nature Preserve and they need to connect to the main of the United Wappinger Water
District ("UWWD") to serve their properties; and
WHEREAS, the HOA has requested to enter into a tenancy agreement for the supply of water
from the UWWD to serve their properties on Berry Lane and Doe Trail until such time as the United
Wappinger Water District is extended to include their properties; and
WHEREAS, the connection of the Property to the UWWD water main located in a Town
Easement a Type II action under the State Environmental Quality Review Act (SEQRA) pursuant to 6
NYCRR 617.5(c)(11); and
WHEREAS, the Attorney to the Town drafted a Water Tenancy Agreement to supply water to the
properties.
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 HOA 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 provided
to the Water & Sewer Department and Building Department to establish the necessary water
account.
5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be provided
to the Dutchess County Department of Behavioral and Community Health.
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:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/26/2023
Amended.
The Resolution is hereby duly declared Adopted as