2016-176 2016-176
Resolution Adopting Local Law No. 2 Of The Year 2016, "Adoption Of Zoning Provisions
For Solar Energy Systems For The Town Of Wappinger."
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 July 11,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-176
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Ciccarelli.
WHEREAS, on March 28, 2016, the Town Board of the Town of Wappinger adopted
Resolution 2016-218 which introduced a proposed Local Law entitled, "Adoption of Zoning
Provisions for Solar Energy Systems for the Town of Wappinger"; and
WHEREAS, the proposed Local Law together with Part 1 of the Full Environmental
Assessment Form was submitted to the Dutchess County Department of Planning which
indicated that the Local Law was a matter of local concern with a comment that it should be
referred to the NYS Department of Agriculture and Markets; and
WHEREAS, the proposed Local Law together with Part 1 of the Full Environmental
Assessment Form was submitted to the Town of Wappinger Planning Board pursuant to § 240-
112 of the Zoning Law of the Town of Wappinger and the Planning Board recommended the
adoption of the Local Law; and
WHEREAS, the proposed Local Law was submitted to the Department of Agriculture &
Markets for review pursuant to §305-a of the Agriculture & Markets Law; and
WHEREAS, a Public Hearing 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 25, 2016 and continued to May 23,
2016, June 27, 2016 and July 11, 2016 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 hereby adopts a Negative Declaration of Significance in
connection with the amendments to the Town Code adopted herein; 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:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts the Local Law
entitled, "Adoption of Zoning Provisions for Solar Energy Systems for the Town of Wappinger", a
copy of which is attached hereto and made a part of this Resolution.
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 shall file the Local Law with the
Secretary of State of New York as provided by law.
4. A copy of the Negative Declaration is to be submitted to the NYS Environmental
Notice Bulletin by the Attorney to the Town or his designee.
4. 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:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
7/11/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK