2023-1452023-145
Resolution Authorizing Water Tenancy Agreement For 1222-1224 Route 9 (Robert E. Tompkins Living
Trust)
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 October 23, 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 -2023-145
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Voter
2
❑
❑
❑
The following Resolution
was introduced by Councilman Beale
and seconded by Councilman
Phillips.
WHEREAS, the Robert E. Tompkins Living Trust ("Owner") owns two adjacent commercial parcels on Route 9
with addresses 1222-1224 Route 9 (6157-04-632285) (the "Property'); and
WHEREAS, the wells for these properties have high sodium concentrations resulting from the use of road salt on
Route 9: 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 1222-1224 Route 9 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 an easement on the property
granted by a predecessor in title 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 provided to the
Water & Sewer Department and Building Department to establish the necessary water accounts.
5) The Town Board hereby directs that a copy of the executed Water Tenancy Agreement be filed in the
records of the Town Clerk and the records of the Building Department.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
10/23/2023
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK