2020-132
2020-132
Resolution Authorizing Temporary Emergency Water Connection For Montclair
Condominiums Subject To Future 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 July 13,
2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-132
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Voter
Withdrawn
Al Casella Voter
The following Resolution was introduced by and seconded by .
WHEREAS, the existing wells at Montclair Condominiums are not producing sufficient water to
supply potable water for its residents and potable water is being trucked in; and
WHEREAS, the public water supply for Montclair Condominiums supplies potable water to
approximately 1100 residents through 296 service connections; and
WHEREAS, the Montclair Condominiums abut certain parcels of Town owned property in the
United Wappinger Water District located on Amherst Lane; and
WHEREAS, Montclair Condominiums desires to make a temporary water connection to the United
Wappinger Water District across the Town parcel to a hydrant located on Amherst Lane; and
WHEREAS, Montclair Condominiums submitted a Petition dated July 6, 2020 together with plans
and letter from its Engineers; and
WHEREAS, the lack of potable water for 1100 residents creates an imminent need that must be
addressed on an emergency basis; and
WHEREAS, the Dutchess County Department of Behavioral & Community Health has directed
Montclair Condominiums to devise an action plan to cure the water supply deficiency;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Town Board hereby determines that the temporary water connection to Montclair
Condominiums is an emergency action that is immediately necessary on a limited and
temporary basis for the protection or preservation of life, health and property and will be
performed to cause the least change or disturbance to the environment, practicable under
the circumstances, and is therefore a Type II action under SEQR pursuant to 6 NYCRR
617.5(c)(42).
2. The Town Board hereby authorizes a temporary license to Montclair Condominium to
install a temporary water connection across its property to the hydrant on Amherst Drive.
3. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town
Engineer, the Water System Operator, the Attorney to the Town and any other Town
Officials to negotiate a temporary water tenancy agreement, which shall provide for the costs
of the connection and review costs to be incurred by Montclair Condominiums.
4. The operation of the temporary water connection shall be subject to the execution of a final
Temporary Water Tenancy Agreement, approval from the Dutchess County Department of
Behavioral & Community Health, the Town Engineer and the Town of Wappinger Water
System Operator.
5. Any permanent water connection to Montclair Condominiums must be subject to SEQR
review and district extension proceedings under Town Law.
6. The Town Board hereby authorizes the Town Supervisor, the Comptroller, the Town
Engineer, the Water System Operator, the Attorney to the Town and any other Town
Officials to supply any necessary information to assist Montclair Condominiums with its
obligations to cure the water supply violation identified by the Dutchess County Department
of Behavioral & Community Health.
7. The Town Clerk is hereby directed to send a copy of this resolution to the Dutchess County
Department of Behavioral & Community Health, Montclair Condominiums and its
Engineer.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
7/13/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK