2020-142
2020-142
Resolution Authorizing Water Tenancy Agreement For SAZ, LLC
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 August
24, 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-2020-142
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Phillips.
WHEREAS, SAZ, LLC owns a multifamily property at 92-96 Old Post Road in the Town of
Wappinger which has private wells that do not meet NYS Drinking Water standards and an alternate
source of water is required; and
WHEREAS, SAZ, LLC has requested to enter into a tenancy agreement for the supply of water
from the United Wappinger Water District as well as extensions of the United Wappinger Water
District and United Wappinger Sewer District to serve its property; and
WHEREAS, the Project has been classified as an “Unlisted Action” as defined by the State
Environmental Quality Review Act (SEQRA) in 6 NYCRR Part 617.4; and
WHEREAS, Part I of a Short Environmental Assessment Form (SEAF) has been completed for the
project, and has been circulated to all Interested and Involved Agencies for purposes of establishing
the Town of Wappinger Town Board as “Lead Agency” in accordance with 6 NYCRR Part
617.6(b); and
WHEREAS, NYS DEC has consented to the Town Board of the Town of Wappinger serving as
lead agency and no other involved agency has responded and more than 30 days has been elapsed
since the circulation; and
WHEREAS, the Town Board has reviewed a Short Environmental Assessment Form (“SEAF”)
Part 1 for the Project and caused to be prepared Parts 2 and 3 of the SEAF; and
WHEREAS, the Attorneys to the Town have negotiated a Water Tenancy Agreement with the
attorneys for SAZ, LLC to supply water to the property;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby finds and determines
that:
1) It is the lead agency for purposes of SEQR review.
2) It has considered the Project, reviewed all parts of the SEAF, reviewed the criteria set forth
in 6 NYCRR section 617.7(c), thoroughly analyzed the relevant areas of potential
environmental concern, and has duly considered all of the potential project environmental
impacts and their magnitude in connection with the proposed action.
3) The connection of the SAZ, LLC property to the United Wappinger Water District Water
Supply System will not result in any large and important environmental impacts, and,
therefore, is one which will not have a significant impact on the environment.
4) The reasons supporting this determination are set forth on the attached Part 3 of SEAF.
5) The Town Board, as Lead Agency with reference to the above-described project, hereby:
a. adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the
project,
b. authorizes the Supervisor of the Town of Wappinger to sign a negative declaration
determination of non-significance with respect to the project,
c. directs the Town Clerk to file a copy of said negative declaration determination of
non-significance in the records of the Town.
6) The Town Board hereby approves the Water Tenancy Agreement with SAZ, LLC.
7) 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).
8) 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: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
8/24/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK