2017-101 2017-101
Resolution Authorizing Superintendent Of Highways To Issue A Highway Work Permit To
Install Sewer Lines On Marlorville Road In Connection With The Obercreek Subdivision
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 May 22,
2017.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2017-101
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, Obercreek L.P. was the owner of a parcel of property having frontages on
both New Hamburg Road and Marlorville Road; and
WHEREAS, Obercreek L.P. made application to the Town of Wappinger Planning
Board for a 14-lot average density subdivision, which was granted Final Subdivision Plat
Approval on June 20, 2014, for the subdivision known as "Obercreek Farm Subdivision"; and
WHEREAS, Obercreek L.P. transferred all of its right, title and interest to the subject
subdivision to Obercreek Development, LLC; and
WHEREAS, the Town of Wappinger Planning Board determined that the proposed
action i.e. the creation of the 14-lot average density subdivision, was a Type I action with respect
to State Environmental Quality Review Act (SEQRA) and Wappinger Environmental Quality
Review (WEQR); and
WHEREAS, the Town of Wappinger Planning Board circulated a Notice of Intent to be
Lead Agency, so notified the Town of Wappinger Town Board by serving a copy of the Notice
of Intent as an Involved Agency and the Town Board raised no objection thereto; and
WHEREAS, on February 3, 2014, the Planning Board adopted a Negative Declaration
for this proposed action, i.e. 14-lot average density subdivision; and
WHEREAS, Obercreek L.P., as original applicant, made arrangements with the
Dutchess County Water & Wastewater Authority (DCWWA) to operate a community
wastewater treatment system and, as part thereof, was required to construct a sewer collector line
within Marlorville Road, a Town of Wappinger road; and
WHEREAS, New York State Highway Law § 149 and County Law § 263 requires the
owner of the subdivision, originally Obercreek L.P. and now Obercreek Development, LLC, to
obtain permission from the Town Highway Superintendent and the Town Board to construct and
install a sewer collector line under and through Marlorville Road; and
WHEREAS, the Town Superintendent of Highways has consented to the installation and
maintenance of the sewer collector line within the dedicated boundaries of Marlorville Road; and
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 hereby authorizes Obercreek Development, LLC, successor in
interest to Obercreek, L.P., to construct, install and maintain a sewer collector line within the
boundaries of Marlorville Road, with the understanding that Obercreek Development, LLC will
transfer over and convey all of its right, title and interest to the sewer collector line, together with
the other appurtenances of the community system wastewater treatment infrastructure to the
DCWWA for operation and maintenance purposes.
3. The Permit is authorized on the further condition that the applicant will repair and
restore the portions of Marlorville Road so disturbed to the reasonable satisfaction of the
Superintendent of Highways.
4. The Permit is issued on the further condition that Obercreek Development, LLC,
or its successor DCWWA, will keep such collector pipe in good repair and save the Town
harmless from all damages which may occur by reason of the installation of the collector pipe
within Marlorville Road, and upon notice by the Superintendent of Highways, Obercreek, L.P.,
or DCWWA, as the case may be, will make all repairs required for the protection or preservation
of the highway.
5. The Permit of the Superintendent of Highways, with the consent of the Town
Board, and the acceptance of the applicant, Obercreek Development, LLC, shall be executed in
duplicate, one of which shall be filed in the Office of the Town Clerk and the other in the Office
of the DCWWA.
The Superintendent of Highways is hereby authorized to sign the required Permit and any other
documents to evidence the consent of the Town Board.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
5/22/2017
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK