2014-1452014-145
Resolution Declining To Entertain Rezoning Petition Regarding Real Property On Myers
Corners Road From R-40 To NB
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 May 12,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale(Arrived at 7:38PM)
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilwoman Czarniecki.
WHEREAS, 228 Myers Corners Road, LLC is the owner of a parcel of real property
located at 228 Myers Corners Road, is approximately 6.27 acres in size, and is designated as tax
parce16258-02-702520 on the Town of Wappinger tax map (the "Subject Property"); and
WHEREAS, the front of the Subject Property along Myers Corners Road is located
within the Neighborhood Business District (NB) and is improved with three non-residential
buildings and several accessory structures and the rear of the property is located in the R-40 One-
Family District and no structures are located within the R-40 District on the Subject Property;
and
WHEREAS, the same type of split zoning that occurs on the Subject Property also exists
on the three parcels to the east of the Subject Property.
WHEREAS, the split zoning for the properties on the southerly side of Myers Corners
Road has existed since at least the 1970's when the front portion of the property along Myers
Corners Road was zoned Local Business; and
WHEREAS, the zoning regulations of the Town are required to be in accordance with
the Comprehensive Plan adopted pursuant to Town Law §272; and
WHEREAS, the most recent Comprehensive Plan adopted in 2010 continues the spilt
zoning on the properties along the southerly side of Myers Corners Road; and
WHEREAS, on November 14, 2013, the owner of the Subject Property, submitted a
petition to change the zoning on the rear portion of the Subject Property from R-40 to NB so that
the entire parcel will be zoned to NB; and
WHEREAS, the zoning of the Subject Property is part of awell-considered plan as
envisioned by the Town's Comprehensive Plan and Zoning Law to limit the NB zoning along the
southerly side of Myers Corners Road to a reasonable and consistent distance from Myers
Corners Road, and to not have the NB zoning extend into the midst of the residentially zoned
properties to the south; and
WHEREAS, the rear portion of the Subject Property requested to be rezoned would be
surrounded on three sides by properties zoned R-40; and
WHEREAS, commercial uses in close proximity to residential uses may cause
unwelcome adverse environmental effects like noise, dust, excessive site lighting and visual
incompatibilities; and
WHEREAS, an action by a Town Board declining to entertain a rezoning petition is a
Type II action under SEQRA pursuant to 6 NYCRR 617.5(c)(37);
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby declines to entertain the petition to change the zoning
classification for the Subject Property.
3. Any escrow balance that is held by the Town related to this application is directed
to be returned to the applicant after deducting any reasonable and proper charges
against the account.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: ABSENT
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/12/2014
The Resolution is hereby dul Glared adopted.
s
OSEP P. PAOLONI, TOWN CLERK