NOTICE OF ADOPTION: Lease Agreement from Delaware River Solar

NOTICE OF ADOPTION: Lease Agreement from Delaware River Solar


NOTICE IS HEREBY GIVEN that, at a regular meeting held on the 27th day of April, 2023, the Town Board of the Town of Warwick, New York (the “Town”) duly adopted a resolution, an abstract of which follows, which resolution is subject to a permissive referendum pursuant to Town Law Article 7:


  1. the Town was presented with an offer from Delaware River Solar, LLC (“Lessee”) to lease a portion of the real property owned by the Town located at Lake Station Road, in the Town of Warwick, designated on the Town of Warwick Tax Maps as Section 35 Block 1 and a portion of Lot 21 (the “Property”), for the placement of equipment, building(s) and a tower for the purpose of constructing, establishing, and maintaining a radio transmission tower facility for Lessee’s use and that of its subtenants, licensees and customers;


  1. the base rent for the Property shall be $2,200.00 per month for an initial term of thirty (30) years;


  1. the Town Board determines that the project is an unlisted action pursuant to Part 617 of the regulations implementing SEQR and that the Town Board shall act as Lead Agency for the required environmental review;


  1. The Town Board determines that the Lease Agreement and that the construction and operation of the communications tower and related facilities will have no significant adverse impacts on the environment and therefor issues a negative declaration under SEQRA for the proposed project.


PLEASE TAKE FURTHER NOTICE that the Resolution was adopted subject to permissive referendum pursuant to Section 64 and Section 90 of the Town Law. The Resolution shall take effect and the Town Supervisor will execute the contemplated lease with Lessee unless a petition calling for a referendum on the lease of the Property is filed with the Town Clerk pursuant to Section 91 of the Town Law within thirty (30) days of adoption of the Resolution.


PLEASE TAKE FURTHER NOTICE that the full text of the Resolution is on file in the office of the Town Clerk and may be examined during regular business hours.


Dated: May 3, 2023


Eileen Astorino, Town Clerk

Town of Warwick



This notice is being posted and published in the same manner as a notice of a special election

within ten days after the adoption of the resolution.