2006-162COPY
2006-162
Resolution Introducing Local Law No. of 2006 Amending the Town of Wappinger
Zoning Law Regarding the Removal of Section 240-70.I
And the Correction of Section 240-67.G
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 June 26th,
2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
- Joseph Ruggiero
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Valdati.
WHEREAS, the Town Board of the Town of Wappinger has determined that
Section 240-70.I of the Town of Wappinger Zoning Law should be removed in order to
correct the error made in adopting this section (the "Proposed Action"); and
WHEREAS, the Town Board believes the subject section was adopted in error
because:
1. Section 240-67 of the Zoning Law pertains to motor vehicle sales establishments;
2. Section 240-70 pertains to repair garages;
3. The text of Section 240-70.I pertains to small motor vehicle sales (not repair
garages) and is therefore misplaced in Section 240-70; and
4. The text of Section 240-70.I is repeated verbatim in Section 240-67.G, where it
should be located; and
WHEREAS, the Town Board has also determined that there is a need to correct
Section 240-67.G with respect to an erroneous reference to Section 240-70; and
WHEREAS, the Town Board has determined that the Proposed Action is an
Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA"); and
WHEREAS, the Town Board has determined that the proposed Local Law is an
action for which there are no other Involved Agencies and that the Town Board is therefore,
by default, the Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law No. of 2006 in the form annexed hereto; except
as specifically modified by the amendments contained therein, the Zoning Law and
Subdivision Regulations as originally adopted and amended from time to time
thereafter are to remain in full force and effect and are otherwise ratified, readopted
and confirmed.
2. The Town Board has reviewed the Proposed Action and hereby reserves the right to
make its Determination of Significance pursuant to SEQRA at the conclusion of the
Public Hearing(s) on the proposed amendments to the Town Code.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law No. of 2006 for 7:30 PM on the 28th day of
August, 2006 and the Town Clerk is hereby directed to publish notice thereof in the
Town's official newspapers not less than ten (10) days prior to said public hearing
date.
4. The Town Board hereby directs the Town Clerk to act as follows with respect to the
proposed Local Law:
a. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the municipal clerk of each abutting municipality not
less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the Dutchess County Department of Planning and
Development for advisory review in accordance with Section 239 of the
General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local Law, and
the public hearing notice to the Town of Wappinger Planning Board for its
review and recommendation pursuant to Section 240-112 of the Zoning Law
prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/26/2006
0
The Resolution is hereby duly declared adopted.
C. MAVERSON, TOWN CLERK