2022-82 2022-82
Resolution Authorizing A Consent Judgment To Settle Litigation Between Town Of
Wappinger And Verizon Wireless Of The East LP D/B/A Verizon Wireless And Tarpon
Towers II, 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 April 11,
2022.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓Vote Record-Resolution RES-2022-82
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Mover Q ❑ ❑ ❑
Al Casella Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, Plaintiffs Verizon Wireless of the East LP d/b/a Verizon Wireless
("Verizon") and Tarpon Towers 11, LLC ("Tarpon") ("Plaintiffs") instituted an action for varied
relief under the Telecommunications Act of 1996 ("TCA") as set forth in their Complaint filed
October 15, 2020 ("Complaint") in response to a decision by the Town of Wappinger Planning
Board("Planning Board");
WHEREAS, among other actions, the Plaintiffs challenged the Planning Board's
adoption of a New York State Environmental Quality Review Act ("SEQRA") positive
declaration delaying a decision on Plaintiffs' pending zoning application ("Application") for a
150 foot tall monopole tower and related facilities ("Tower Facility") at a 48 acre horse farm in
Wappinger ("Farm");
WHEREAS, Defendants Town of Wappinger ("Town"), the Planning Board and Town of
Wappinger Zoning Board of Appeals ("ZBA") opposed Plaintiffs' claims and the relief sought
and asserted various defenses in an Answer filed December 3, 2020 ("Answer");
WHEREAS, the parties engaged in motion practice and the Court adopted an Opinion &
Order filed January 31, 2022 ("Order") which granted Plaintiffs' motion for summary judgment
in part and held that the SEQRA positive declaration adopted by the Planning Board violated
Section 332(c)(7)(B)(ii) of the TCA and as a remedy ordered the Defendants to "render a
decision on the Application within sixty (60) days....";
WHEREAS, the Plaintiffs timely filed a Motion for Reconsideration, in which they
requested, inter alia, that the Court reconsider the form of relief ordered and issue an order
directing Defendants to grant Plaintiffs all approvals and authorizations necessary for Plaintiffs
to construct the Tower Facility;
WHEREAS, the Town Boards have timely considered the Order and voted to approve the
Tower Facility with conditions which include entry of a Consent Judgment and which decisions
incorporate the substantive zoning and other approvals for the Tower Facility;
WHEREAS, the attorneys for the parties negotiated the attached Consent Judgment to
fully resolve the claims in the litigation;
WHEREAS, the Attorney to the Town has recommended the entry of the Consent
Judgment to settle the litigation;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger and consents to
the submission of the annexed Consent Judgment to the United States District Court for the
Southern District of New York and agrees to be bound by the terms of the judgment; and
BE IT FURTHER RESOLVED, that the Town Supervisor, the Attorney to the Town,
and Adam Rodd, Esq., special counsel for the Town, are hereby authorized to take all action
necessary and appropriate to effectuate the terms of this Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
4/11/2022
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK