2005-010R
I
RESOLUTION NO. 2005-10,
TOWN OF WAPPINGER TOWN BOARD
RE: RESOLUTION ADOPTING LOCAL LAW No. #2 OF 2005 — AMENDMENTS TO
THE TOWN CODE, SECTION 240-20 OF THE -TOWN OF WAPPINGER ZONING
LAW, ACCESS AND REQUIRED STREET FRONTAGE - AUTHORIZING
COMMON DRIVEWAYS AND ACCESS EASEMENTS
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 the 24th day of
January 2005 at 7:30 P.M.
The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called,
the following were:
PRESENT: Supervisor -
Councilpersons
ABSENT:
JOSEPH RUGGIERO
ROBERT L. VALDATI
JOSEPH PAOLONI
MAUREEN McCARTHY
VINCENT BETTINA
The following resolution was moved by Councilperson Valdati and seconded by Supervisor
Ruggiero
WHEREAS, the Town Board of the Town of Wappinger has determined that the Town
Code, Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street
Frontage, should be amended and revised to amend the requirement restricting each lot to take
access over its own frontage to authorize the Planning Board to allow or require common
driveways and cross access easements, under certain circumstances and subject to certain
conditions, where deemed beneficial and in the Town's best interest (the "Proposed Action");
and
WHEREAS, the Town Board determined that the Proposed Action is a Type I action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly
known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law
which establishes locally designated Type I actions); 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 as the
only involved agency, the Lead Agency for this action; and
WHEREAS, a duly advertised public hearing was held on January 24, 2005 at the
Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all
those wishing to be heard were given the opportunity to be heard and the hearing was closed on
that date;
Amendment to the Town Code — Common Driveways
Resolution of Adoption of Local Law
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set forth
above as if fully set forth and resolved herein.
2. Pursuant to State Environmental Quality Review regulations, the Town Board hereby
adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action
will not result in any significant environmental impacts as each common driveway or use
of a cross access easement would minimize disturbances to the environment, minimize
stormwater runoff and pollution, reduce vehicular and pedestrian conflicts, improve
traffic flow and safety, and maintain the character of roadways.
3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 2 of
2005; and, except as specifically modified by the amendments contained therein, the Zoning
Law and Zoning Map, as originally adopted and amended from time to time, are to remain
in full force and effect.
The question of the adoption of the foregoing resolution was duly put to a roll call vote, which
resulted as follows:
JOSEPH RUGGIERO
voting Aye
ROBERT L. VALDATI
voting Aye
VINCENT F. BETTINA
voting Absent
JOSEPH PAOLONI
voting Aye
MAUREEN MC CARTHY
voting Aye
The resolution is hereby duly declared adopted.
Dated.
Vr:�N
tw
, 2005
WappingYork
Town Clerk
Town of WE
Attachment: (Negative Declaration)
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