2023-1182023-118
Resolution Authorizing Revocable License Agreement To Maintain Structures Within Utility Easement
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 -2023-118
❑ Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H. Beale Voter Q ❑ ❑ ❑
Q Tabled Angela Bettina Seconder, Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑
Next: 1/1/25 12:00 AM
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by Councilwoman
Bettina.
WHEREAS, Joseph and Tina Blondin own a single-family residence at 27 Miracle Circle in the Town of Wappinger
that is subject to a utility easement; and
WHEREAS, at the time the Blondins purchased the property, their title insurance policy did not show the
limitations of the utility easement on the property that prevented erecting structures within the easement; and
WHEREAS, since purchasing the property, the Blondins have erected a fence and a playset within the easement,
and they seek written permission from the Town Board to have those structures within the easement as provided by
the easement; and
WHEREAS, the Blondins have advised that they are willing to remove the fence and playset temporarily any time
that access to the easement area is required to maintain the utilities at their own cost and expense; and
WHEREAS, the Town Board has determined that it is in the best interest of the property owners and the Town to
enter into a revocable license agreement that has been drafted by the parties;
WHEREAS, granting the revocable license has no effect on the environment and is not subject to SEAR;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines that:
1) The Town Board hereby approves the Revocable License with the Owner in the form attached hereto.
2) The Town Board hereby authorizes and directs the Supervisor to sign the Revocable License Agreement on
behalf of the Town.
3) The Town Board hereby directs that a copy of the executed Revocable License be filed in the records of the
Town Clerk, Planning Department, and Building Department.
The foregoing was put to a vote which resulted as follows:
RESULT: TABLED [UNANIMOUS] Next: 1/1/2025 12:00 AM
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
9/14/2023
The Resolution is hereby duly declared Tabled.
PAOLONI, TOWN CLERK