2017-88 2017-88
Resolution Adopting Local Law No. 2 Of 2017 Which Would Repeal Chapter 117, Environmental
Quality Review, Of The Town Code
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 24, 2017.
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-2017-88
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter ❑ ❑ ❑ Q
❑ Tabled William Ciccarelli Mover 2 ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Ciccarelli and seconded by Councilman
Fenton.
WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of 2017 which would repeal
Chapter 117, Environmental Quality Review, of the Town Code; 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 24th, 2017 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 an Unlisted 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 Wappinger Environmental Quality Review (WEAR) Law which establishes locally
designated Type I actions); and
WHEREAS, the Town Board has determined 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, the Town Board referred the proposed Local Law to the Town Planning Board for its advisory
opinion; and
WHEREAS, as in accordance with Section 239 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 and stated that it is a matter of local
concern and any list be no less protective of the environment; 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. 2 of 2017, 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: William Ciccarelli, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Lori A. Jiava, William Ciccarelli, John J. Fenton, Michael Kuzmicz
ABSENT: William H. Beale
Dated: Wappingers Falls, New York
4/24/2017
The Resolution is hereby duly declared Adopted.
JOSZ P P. PAOLONI, TOWN CLERK