2023-1592023-159
Resolution Authorizing Revised 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 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 -2023-159
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
Richard Thurston
Voter
Q
❑
❑
❑
❑ Adopted as Amended
William H. Beale
Mover
Q
❑
❑
❑
❑ Defeated
Angela Bettina
Voter
Q
❑
❑
❑
❑ Tabled
Christopher Phillips
Voter
Q
❑
❑
❑
❑ Withdrawn
Al Casella
Seconder
Q
❑
❑
❑
Joseph P. Paoloni
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Beale and seconded by Casella.
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 which was previously approved by the Town Board, but the HOA requested
changes to the agreement subsequent to the approval of the Town Board;
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 revised 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.
6) 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 [UNANIMOUS]
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 Adopted.
JOSE$IJ/P. PAOLONI, TOWN CLERK