2014-152 2014-152
Resolution Amending The Town's Comprehensive Plan In Connection With Rezoning A
Property To The Conservation Commercial(CC) 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 May 27,
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 7:32PM)
Vincent F. Bettina
Ismay Czarnecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town Board is considering the adoption of Local Law No. of
2014 which would amend the Town's Zoning Map for the purpose of rezoning a property
to the Conservation Commercial (CC) zoning district; and
WHEREAS, the subject property is located at 26 Myers Corners Road and is
designated 6157-02-787923 on the Town tax maps (the "Subject Property"); 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, the adoption of a Resolution amending the Town's Comprehensive
Plan, and Site Plan Approval of a proposed office use; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
Action pursuant to SEQRA and WEQR; and
WHEREAS, the Town Board is entertaining said rezoning and an analogous
amendment to the Town's Comprehensive Plan; and
WHEREAS, in accordance with Section 272-a of the New York State Town Law,
the Town Board referred the proposed amendment to the Comprehensive Plan to the
Town Planning Board for its advisory opinion; and
WHEREAS, in response to said referral the Town Planning Board responded and
stated "No Issues"; and
WHEREAS, as also in accordance with Sections 239-1 and m of the New York
State General Municipal Law, the Town Board referred the proposed amendment to the
Comprehensive Plan to the Dutchess County Department of Planning and Development
(DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD responded and stated "Local
Concern"; and
WHEREAS, the Town Board has given due consideration to the comments
of the Planning Board and the DCDPD; and
WHEREAS, on May 27, 2014 the Town Board held a public hearing on the
proposed amendment to the Comprehensive Plan at which time all of those interested
were given an opportunity to be heard.
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 of Wappinger 2010 Comprehensive Plan Recommended Land Use
map is hereby amended so as to change the designation of the Subject
Property from the Medium Density Residential designation to the
Conservation Commercial designation.
3. The Town of Wappinger Comprehensive Plan is hereby amended so as to
add the following paragraph after paragraph #19 in the Recommendations
section of the Land Use chapter (p. 99):
"20. This Plan recommends the extension of a Conservation Commercial
(CC) zoning district along the southerly side of Myers Corners Road
to the east so as to encompass the Farley property at 26 Myers
Corners Road into this CC District for the purpose of making
appropriate use of this long-time vacant parcel."
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
5/27/2014
The Resolution is hereby duly declared adopted.
JOSEPH P. PAOLONI, TOWN CLERK