2016-128 2016-128
Resolution Introducing 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 March 28,
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-2016-128
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
El Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Fenton and seconded by
Councilman Beale.
WHEREAS, in recent years there has been a substantial increase in the installation of
Solar Energy Systems in the Town of Wappinger; and
WHEREAS, there are currently no provisions in the Town of Wappinger Zoning Code to
control the placement of Solar Energy Systems in the Town of Wappinger; and
WHEREAS, solar energy is a renewable energy resource that can prevent fossil fuel
emissions and reduce the demand for the production and transmission of electricity from large
scale power plants; and
WHEREAS, the installation of solar energy systems can reduce the energy bills of the
property owner; and
WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of the
Year 2016 which would create zoning provisions for the regulation of Solar Energy Systems; 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 Code of the Town of Wappinger (the
Town's Environmental Quality Review Law) which establishes locally designated Type I
actions; and
WHEREAS, 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.
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 hereby introduces for adoption Local Law No. 2 of the Year
2016 in the form annexed hereto.
3. The Town Board is the only agency having approval authority for the adoption of
this local law and is therefore Lead Agency for the purpose of SEQRA.
4. The Town Board determines that the enactment of the aforementioned Local Law
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 Code of the Town
of Wappinger (the Town's Environmental Quality Review Law) which establishes locally
designated Type I actions.
5. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No.2 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 25th day of April, 2016, at 7:30 p.m., and the Town Clerk is directed to
post the Notice of the Public Hearing in the form annexed hereto and to publish same in the
Southern Dutchess News and Poughkeepsie Journal as required by law.
6. The Town Board further directs the Town Clerk to act as follows with respect to
the proposed Local Law:
a. To serve a copy of this Resolution, the annexed proposed Local Law, and
the Public Hearing Notice to the municipal clerk of each abutting municipality not less
than ten (10) days prior to said public hearing.
b. To serve a copy of this Resolution and the annexed proposed Local Law to
the Dutchess County Department of Planning and Development for Advisory Review in
accordance with §239-m. of the General Municipal Law; and
C. To serve a copy of this Resolution and the annexed proposed Local Law,
and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and
recommendation pursuant to §240-112 of the Zoning Code prior to said Public Hearing.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: John J. Fenton, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/28/2016
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK