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2023-1122023-112 Resolution Authorizing Water Tenancy Agreement For 693 Wheeler Hill Road (O'Donnell Family LP) 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 September 14, 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 -2023-112 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter ❑ Q ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ Q Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Next: 1/1/25 12:00 AM Al Casella Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Beale and seconded by Councilman Phillips. WHEREAS, the O'Donnell Family Limited Partnership ("Owner") own a a vacant residential lot at 693 Wheeler Hill Road in the Town of Wappinger; and WHEREAS, the existing well has insufficient capacity to supply the property and the yield from the well does not meet the requirements of the Dutchess County Sanitary Code; and WHEREAS, the Owner has requested to enter into a tenancy agreement for the supply of water from the United Wappinger Water District ("UWWD") to serve its property at 693 Wheeler Hill 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 Owner 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. 5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the records of the Water Department and the Building Department. The foregoing was put to a vote which resulted as follows: RESULT: TABLED [4 TO 11 Next: 1/1/2025 12:00 AM MOVER: William H. Beale, Councilman SECONDER: Christopher Phillips, Councilman AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella NAYS: Richard Thurston Dated: Wappingers Falls, New York 9/14/2023 The Resolution is hereby duly declared Tabled. JOSEPH P. PAOLONI, TOWN CLERK