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2005-066D 5/18/05 RESOLUTION NO.' 2005-066 TOWN OF WAPPINGER TOWN BOARD RE: PROPOSED LOCAL LAW AMENDING CHAPTER 137, FRESHWATER WETLANDS, AND SECTIONS 122-20.0 AND 240-32.A OF THE TOWN OF WAPPINGER CODE — INTRODUCTION OF LOCAL LAW NO. OF 2005 Ata regular meeting bf fl e "TownBoard of the Town of Wappingers Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 23'd day of May 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 ::men JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN MCCARTHY The following resolution was moved by Councilperson Paoloni and seconded by Councilperson Bettina WHEREAS, the Town Board of the Town of Wappinger has determined that Chapter 137 of the Town Code should be amended to clarify and update the Town's existing wetlands regulations and to exempt any proposed activities on any residentially zoned lot which is 80,000 square feet or less in size and which contains an existing home; along with associated amendments to Sections 122-20.0 (Fees) and Section 240-32.A of the Town Code (the "Project" or "Proposed Action"); 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 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: Proposed Local Law Amending Chapter 137 of the Town Code Resolution of Introduction 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2005 in the form annexed hereto. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until 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 2005 for 7:30 PM on the 27h day of June, 2005 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO, Supervisor voting Aye _ ROBERT L. VALDATI, Councilmember voting Aye VINCENT F. BETUNA, Councilmember voting Aye JOSEPH PAOLONI, Councilmember voting Ave MAUREEN MCCARTHY, Councilmember voting Ave 2 of 3 Proposed Local Law Amending Chapter 137 of the Town Code Resolution of Introduction The resolution is hereby duly declared adopted. Dated: May 23, 2005 Wappingers Falls, New York Town Clerk Town of WI s:ldw=mtsldocs2\500\wappinger\wetlands\wetlands.Mii ft -M -doe 3 of 3