2024-2092024-209
Resolution Approving Water Tenancy Agreement
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
November 12, 2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-209
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Mover
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
❑
❑
❑
Q
❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Voter
Q
❑
❑
❑
The following Resolution was introduced by Supervisor Cavaccini and seconded by
Councilman Phillips.
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, therefore, the HOA has been connected to the main of the
United Wappinger Water District ("UWWD") to serve the HOA residents; 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, a Water Tenancy Agreement to supply water to the properties was previously
approved by the Town Board, but has been since renegotiated by the Town Board and the HOA and
is now acceptable for approval by both parties;
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: Joseph D. Cavaccini, William H. Beale
SECONDER: Christopher Phillips, Councilman
AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
11/12/2024
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK