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TOWN OF BOSTON – RESOLUTION NO. 2026-41 ADOPTION OF LATERAL RESTRICTIONS – WATER/SEWER SERVICE WITHIN AGRICULTURAL DISTRICTS WHEREAS, the Town of Boston is undertaking water system improvements within ECWA Boston Water District No. 1 and may establish future water districts along portions of Lango Road, Boston Colden Road (County Road 222), and Cole Road (County Road 442); and WHEREAS, portions of the project area are located within a county adopted, State certified agricultural district; and WHEREAS, the New York State Department of Agriculture and Markets requires the imposition of lateral restrictions on water and sewer service within agricultural districts in order to protect agricultural lands and limit non-farm development; and WHEREAS, the Town Board of the Town of Boston desires to adopt such lateral restrictions consistent with State guidance and applicable law, including Public Health Law §1115; NOW, THEREFORE, BE IT RESOLVED, that the Town of Boston imposes the following conditions, as warranted or recommended, on the management of water/sewer lines located within ECWA Boston Water District No. 1 and future-created Water Districts along portions Lango Road, Boston Colden Road (County Road 222), and Cole Road (County Road 442) within an agricultural district: (1) The only land and/or structures which will be allowed to connect to the proposed waterline or sewer within an agricultural district will be existing structures at the time of construction, future agricultural structures, and land and structures that have already been approved for development by the local governing body prior to the filing of the Final Notice of Intent by the municipality. Land and structures that have been approved for development refer to those properties/structures that have been brought before a local governing body where approval (e.g., subdivision, site plan, and special permit) is needed to move forward with project plans, and the governing body has approved the action. If no local approval is required for the subdivision of land and/or the construction of structures, the municipality accepts the limitation under Public Health Law §1115 that defines a “subdivision,” in part, as “any tract of land which is divided into five or more parcels.” Water and/or sewer service will not be extended to the fifth and subsequent parcels where no local approval is required, and the land is located within a county adopted, State certified agricultural district. (2) If a significant hardship can be shown by an existing resident, the lateral restriction on the resident’s property may be removed by the municipality upon approval by the Department. It is the responsibility of the resident landowner to demonstrate that a hardship exists relative to his or her existing water supply or septic system and clearly demonstrate the need for public water or sewer service. The municipality shall develop a hardship