2005-0685/17/05
RESOLUTION NO. 2005-068
TOWN OF WAPPINGER TOWN BOARD
RE: PROPOSED LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN
OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY
APARTMENTS — INTRODUCTION OF LOCAL LAW NO. OF 2005
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 23rd
day of May 2005 at 7:30 P.M.
The meeting was called to order by Supervisor Joseph Ruggiero, and upon roil being
called, the following were:
PRESENT: Supervisor
Councilmembers
ABSENT:
JOSEPH RUGGIERO
ROBERT L. VALDATI
VINCENT F. BETTINA
JOSEPH PAOLONI
MAUREEN MCCARTHY
The following resolution was moved by Councilmember Paoloni
and seconded by Councilmember. Mccarthy
WHEREAS, the Town Board of the Town of Wappinger has determined that the
Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended,
the most significant proposed change to the existing regulations being that applications
for accessory apartments will no longer come before the Planning Board, but, rather, will
be processed by the Zoning Administrator and the Building Inspector; along with other
more substantive changes including: the elimination of a minimum lot size requirement;
allowing _accessory apartments in _accessory_ buildings (provided the accessory building
meets the required setbacks for the principal building); lifting the prohibition against
accessory apartments in principal dwellings that already contain boarders, a home
occupation, or a professional home office; and adjustments and clarifications to various
requirements including dwelling unit size, access, and parking (the "Proposed Action");
and
Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory
Apartments
Resolution of Introduction
WHEREAS, the Town Board 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:
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; 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 is otherwise to be 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 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 27th 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
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Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory
Apartments
Resolution of Introduction
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. BETTINA, Councilmember voting Ave
JOSEPH PAOLONI, Councilmember voting Ave
MAUREEN MCCARTHY, Councilmember voting Aye
The resolution is hereby duly declared adopted.
Dated: May 23, 2005
Wappingers Falls, New York
Town Clerk
Town of Wi
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