2023-1582023-158
Resolution Authorizing Right Of Way Licensing Agreement With Verizon Wireless Of The
East LP For Utility Pole Installation
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 December
11, 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 -2023-158
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
Q Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Next: 1/8/24 7:00 PM
Al Casella
Seconder
Q
❑
❑
❑
Joseph P. Paoloni
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Beale and seconded by Casella.
WHEREAS, Verizon Wireless of the East LP d/b/a Verizon Wireless ("Verizon") wishes
to access a portion of the public rights-of-way within the Town's territorial boundaries ("Right -
of -Way") to install and operate a new small wireless facility intended to provide communications
services to the residents, and emergency services that operate, within the Town; and
WHEREAS, Verizon proposes to install and operate a new small wireless facility in the
Kent Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2'
wooden utility pole and related pole -mounted equipment, the general design and location of
which are shown on the sketch provided in Exhibit A annexed hereto ("Kent Rd. Facility" or
"Facility"); and
WHEREAS, on October 16, 2023, the Wappinger Planning Board adopted a Resolution
of Site Development Plan and Special Use Permit for the Kent Rd. Facility, in which the
Planning Board authorized the installation and operation of the Kent Rd. Facility subject to
certain conditions including the condition that Verizon obtain a license agreement from the
Town Board of Wappinger for use of the Town Right of Way; and
WHEREAS, Verizon proposes to install and operate a new small wireless facility in the
Spook Hill Road Right -of Way, which is a Town Right -of -Way, which facility includes a 46.2'
wooden utility pole and related pole -mounted equipment, the general design and location of
which are shown on the sketch provided in Exhibit B annexed hereto ("Spook Hill Rd. Facility"
or "Facility"); and
WHEREAS, the Wappinger Planning Board is considering a Resolution of Site
Development Plan and Special Use Permit for the Spook Hill Road Facility, in which the
Planning Board will authorize the installation and operation of the Spook Hill Rd. Facility
subject to certain conditions including the condition that Verizon obtain a license agreement
from the Town Board of Wappinger for use of the Town Right of Way; and
WHEREAS, the Town wishes to enable Verizon to provide its communication services to
benefit its residents and emergency services agencies; and
WHEREAS, the Town Board believes that it is in the interest of the Town of Wappinger
to enter into the annexed Right of Way Agreements with Verizon;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby authorizes the Supervisor to sign the annexed RIGHT
OF WAY AGREEMENT on behalf of the Town of Wappinger.
2. The Town Board authorizes and directs that the Town Clerk forward certified
copies of this resolution to the Superintendent of Town Highways and the Town of Wappinger
Planning Board.
The foregoing was put to a vote which resulted as follows:
RESULT: TABLED [UNANIMOUS] Next: 1/8/2024 7:00 PM
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella, Paoloni
Dated: Wappingers Falls, New York
12/11/2023
The Resolution is hereby duly declared Tabled.
JOSEPH P. PAOLONI, TOWN CLERK