2007-1872007-187
Resolution Introducing Local Law No. of the Year 2007, Amendments to Mandatory
Private Well Testing in the Town of Wappinger
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 10th, 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman McCarthy.
WHEREAS, the Town Board previously adopted Local Law 8 of 2007 which required
mandatory testing of private wells in the Town of Wappinger that are not otherwise regulated by
the New York State Department of Health; and
WHEREAS, Local Law 8 of 2007 did not regulate one and two family rental properties
that were not occupied by the owner; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens
of the Town of Wappinger to adopt a Local Law requiring private well testing of these properties
to insure minimum safe water quality standards for its citizens; and
WHEREAS, the Town Board has further determined that it is in the best interest of the
citizens of the Town of Wappinger to require that landlords provide copies of the well test results
to tenants before entering into leases; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
action pursuant to Article 8 of the Environmental Conservation Law and Part 617 NYCRR
(commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and the Town Board is therefore, by default,
Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby introduces for consideration
of its adoption proposed Local Law No._ of the Year 2007 AMENDMENTS TO
MANDATORY PRIVATE WELL TESTING IN THE TOWN OF WAPPINGER in the form
annexed hereto, the Code as adopted and amended from time to time thereafter is to remain in
full force and effect is otherwise to be ratified, readopted and confirmed.
3. The Town Board has caused to be prepared a Short Form EAF and has reviewed
the proposed action pursuant thereto and hereby determines that the proposed action will not
have a significant impact on the environment and hereby makes a Negative Declaration of
Significance with respect to the proposed amendments to the Code.
4. The Town Board hereby schedules a Public Hearing regarding the proposed
adoption of the annexed Local Law No. of the Year 2007 for 7:30 P.M., on the 9"' day of
October, 2007, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and
the Town Clerk is directed to post a Notice of Public Hearing in the form annexed hereto in the
Town's official newspapers, the Southern Dutchess News and Poughkeepsie Journal, not less
than ten (10) days prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: ABSENT
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
Dated: Wappingers Falls, New York
9/10/2007
The Resolution is hereby duly declared adopted.
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rftN-C—MA TERSON, TOWN CLERK