2014-1542014-154
Resolution Adopting Local Law No. 6 Of 2014 Which Would Amend Chapter 122, Fees
And Fines, And Chapter 240, Zoning, Of The Town Code With Respect To Accessory
Apartments
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 9,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Kuzmicz.
WHEREAS, the Town Board is considering the amendment of Chapter 122, Fees
and Fines, and Chapter 240, Zoning, of the Town Code with respect to accessory
apartments; and
WHEREAS, a resolution was duly adopted by the Town Board introducing a
proposed Local Law entitled, "Local Law No. 6 of 2014, which would amend Chapter 122,
Fees and Fines, and Chapter 240, Zoning, of the Town Code with respect to accessory
apartments" (the "Proposed Action"); and
WHEREAS, the Town Board has 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") and pursuant to Chapter 117 of the Town Code (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, the Lead Agency for this action; and
WHEREAS, the Town Board had a Full Environmental Assessment Form prepared
by Frederick P. Clark Associates, Inc., the Town's Planning Consultants, which FEAF
analyzes the potential for environmental impacts resulting from the proposed Local Law;
and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in
the Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing on the proposed Local Law was held on May 27,
2014 and all parties in attendance were permitted an opportunity to speak on behalf of or
in opposition to said proposed Local Law or any part thereof; and
WHEREAS, said Local Law has been on the desks of the members of the Town
Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to
the adoption of this Resolution.
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 the State Environmental Quality Review regulations, the Town Board
hereby adopts the attached Negative Declaration for the reasons stated therein,
thereby finding that the proposed Local Law will not result in any significant
adverse environmental impacts, and consequently finding that a Draft
Environmental Impact Statement will not be required and that the SEQR process is
therefore complete.
3. The Town Board of the Town of Wappinger after due deliberation, finds that it is
in the best interest of the Town to adopt said Local Law, and hereby adopts Local
Law No. _ of 2014 a copy of which is attached hereto and made a part of this
Resolution; except as specifically modified by the amendments contained therein,
the Town Code, as originally adopted and amended from time to time thereafter is to
remain in full force and effect.
4. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and shall file the Local Law
with the Secretary of State of New York as provided by law.
5. This Local Law shall become effective immediately upon filing with the Secretary
of State as provided by law.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/9/2014
The Resolution is hereby declared adopted.
JOSIJPH P. PAOLOl~"'1'OWN CLERK