2018-2512018-251
Resolution Authorizing Revocable License Agreement For Minor Garage Encroachment
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 October 22, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the
following was recorded:
✓ Vote Record - Resolution RES -2018-251
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Q Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Voter
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
WHEREAS, the owner of 13 Regency Drive applied for an area variance to reduce the side yard setback
from the southerly property line for the construction of a garage; and
WHEREAS, there is a 20- foot wide utility easement that straddles the southerly property line of 13
Regency Drive and extends for 10 feet into the property; and
WHEREAS, the owner inadvertently constructed the garage so that it encroaches about 1 foot into the
Utility Easement; and
WHEREAS, the Attorney to the Town has reviewed the Utility Easement and has determined that the
encroaching garage is unlikely to impede the use of the drainage pipes in the easement and it is appropriate to
grant a revocable license to the owner of 13 Regency Drive; and
WHEREAS, the revocable license provides that the Town may revoke the license for the garage in the
event that it impedes the use of the Utility Easement;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby finds the terms of the annexed revocable license agreement to be
reasonable.
2. The Town Board hereby authorizes the Supervisor to sign the annexed revocable license agreement
on behalf of the Town of Wappinger.
The Supervisor is hereby directed to provide a copy of the Revocable License Agreement signed by all parties
to the Town Clerk who shall maintain the same in his files after it is executed.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
10/22/2018
The Resolution is hereby duly declared Adopted as Amended.
JOS/F-P/H P. PAOLONI, TOWN CLERK