2015-115 2015-115
Resolution Adopting Local Law No. 1 Of 2015 Which Would Append Chapter 240, Zoning, Of The Town
Code With Respect To A Variety Of Planning And Zoning Matters
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 April 27, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called,the
following was recorded:
✓Vote Record' Resolution RES-2015-115
Q Adopted ; Yes/Aye No/Nay Abstain T Absent
❑ Adopted as Amended Barbara Gutzler Voter Q ❑ ❑ ❑
__ _______.__._____ __. __ ._ _.._.._._. ____.. _ m_._. __. _._.�__.__._...._.________..._......__.._._..:._._.._
❑ DefeatedWilliam H.Bealeter
Vo
..................................................................................................................... ......................................Q .......................
...........................:. ❑ ❑ ❑
..............................;.............................................................................................................
❑ Tabled V.... .Bettina ....Mover........................................ ............................................._❑................................................❑....................................................❑.......................
......................................................................................
❑ Withdrawn Ismay_Czamiecki Voter Q ❑ ❑ ❑
.................................................................................................................:.......... ..... ..... .....
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Bettina and seconded by Councilman
Kuzmicz.
WHEREAS, the Town Board is considering the adoption of Local Law No. 1 of 2015 which
would amend Chapter 240, Zoning, of the Town Code with respect to a variety of planning and zoning
matters; 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 April 27th, 2015 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, 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 (WEQR) Law
which establishes locally designated Type I actions); and
WHEREAS, the Town Board has detennined 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.
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 recommended the adoption
of the subject Local Law; and
WHEREAS, as 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 provided comments to the town board and
recommended that the board rely upon its own study of the facts in the case with due consideration of
their comments; and
WHEREAS, the Town Board has given due consideration to the comments of the Town
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. 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 SEQRA process is therefore complete.
3. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt
said Local Law, and the Town Board hereby adopts Local Law No. 1 of 2015, 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 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:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincent Bettina, Deputy Supervisor
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Beale, Bettina, Czarniecki, Kuzimicz
Dated: Wappingers Falls,New York
4/27/2015
The Re lutio is he y d ky- clared Adopted.
JOSEPH P. PAOLONI; TOWN CLF.--R--K