Loading...
2014-190 2014-190 Resolution Adopting Local Law No. Of 2014 Amending The Town's Zoning Law With Respect To Allowing Entertainment Uses As A Special Permit Use In The Conservation Office Park (COP)Zoning District 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 August 11, 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 Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Bettina. WHEREAS, a resolution was duly adopted by the Town Board introducing Local Law No. _ of 2014 which would amend the Town's Zoning Law with respect to allowing Entertainment Uses as a Special Permit Use in the Conservation Office Park (COP) zoning district; 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 was held on August 11, 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, for the purpose of Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Wappinger Environmental Quality Review Law (WEQR) which establishes locally designated Type I actions), the Proposed Action is the adoption of the proposed Local Law, and Special Use Permit and Site Plan Approvals of a proposed dinner theater; and WHEREAS,the Town Board has determined that the Proposed Action is an Type I Action pursuant to SEQRA and WEQR; and WHEREAS, after performing a designation of Lead Agency procedure in accordance with SEQRA,the Planning Board became the Lead Agency for this action; and WHEREAS, after considering the potential environmental impacts with respect to the Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration, thereby finding that the Proposed Action will have no significant adverse impacts upon the environment, and thereby ending the SEQRA process with respect to this matter;and WHEREAS, in accordance with Section 240-112 of the Town Zoning Law, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory opinion:and WHEREAS, in response to said referral the Town Planning Board responded and recommended in favor of the adoption of the proposed Local Law; and WHEREAS, as also in accordance with Sections 239-1 and in of the New York State General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess County Department of Planning and Development(DCDPD) for its advisory opinion; and WHEREAS, in response to said referral the DCDPD responded with comments and stated that, "The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments;'and WHEREAS, the Town Board has given due consideration to the comments of the Planning Board and the DCDPD; and WHEREAS, 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 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. The Town Board of the Town of Wappinger 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. 3. 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 to give due notice of the adoption of said Local Law to the Secretary of State of New York. 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 8/11/2014 The Resolution is hereby duly clg lared adopted. P P. PAOLON , TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY,NY 12231 Local Law Filing (Use this form to file a local law with the Secretary of State.) Test of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Tawnof WAPPINGER Local Law No. of the year 2014 A local law entitled "A Local La Amendin2 Chapter 240 Zoning, of the Town Code with Respect to Allowing Entertainment Uses as a Special Permit Use in the Conservation Off Pak(COP)Zoning District" Be it enacted by the TOWN BOARD of the Townof WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW# OF THE YEAR 2014 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "A Local Law Amending Chapter 240, Zoning, of the Town Code with Respect to Allowing Entertainment Uses as a Special Permit Use in the Corporate Office Park(COP)Zoning District" Section 2: Legislative Intent This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. The Town Board believes that it is reasonable and appropriate to update and amend Chapter 240,Zoning, of the Town Code with respect to allowing Entertainment Uses as a Special Permit Use in the Corporate Office Park(COP)zoning district. Section 3: Zoning Chapter Amendments In the Schedule of Use Regulations, Nonresidential Districts, the following existing use shall be added as a Special Permit Use (SPU) in the Corporate Office Park (COP)zoning district: Entertainment uses(§240-76) Section 4: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified.readopted and confirmed. Section 5: Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law mac be re-numbered or re-lettered by the Codifier to accomplish such intention: that the Codifier shall make no substantive changes to this Local Law: that the word `Local Law ' shall be changed to 'Chapter,' "Section" or other appropriate word as required for codification: and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby.