2017-91 2017-91
Resolution Authorizing Agreement With County Of Dutchess In Regards To Referral Of
Applications For Certain Planning And Zoning Actions To The Dutchess County
Department Of Planning & Development For Review
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-2017-91
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 Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑
Michael Kuzmicz Seconder Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Fenton and seconded by
Councilman Kuzmicz.
WHEREAS, New York State General Municipal Law § 239 requires local municipalities
to refer applications for certain planning and zoning actions to the Dutchess County Department
of Planning & Development for review; and
WHEREAS, New York State General Municipal Law § 239 further requires the County
to assess all such applications as to whether the requested action would have a"county wide" or
"inter-community" impact and comment on same; and
WHEREAS, the current referral process results in the processing of applications each
year from towns, villages and cities to the County, a portion of which have neither county-wide
or inter-community impact; and
WHEREAS, New York State General Municipal Law authorizes the County to enter into
agreements with local municipalities in order to determine which, if any, of the local municipal
actions subject to referral may be deemed strictly matters of local determination, and therefore,
not subject to the referral process; and
WHEREAS, notwithstanding this Agreement, the Town shall be authorized to seek
informal review and comment from County Planning for otherwise exempt matters; and
WHEREAS, the Town desires to enter into an Agreement with the County of Dutchess
as above described.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby approves the Agreement with the County of Dutchess in
regards to referral of applications for certain planning and zoning actions to the Dutchess County
Department of Planning & Development for review, in substantially the same form as annexed
hereto and authorizes and directs the Supervisor Lori A. Jiava to execute said Agreement by and
on behalf of the Town of Wappinger.
This Agreement is retroactive to January 1, 2016 and extends automatically for a successive
year, for a total of five (5) years.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: John J. Fenton, Councilman
SECONDER: Michael Kuzmicz, 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.
JOS P P. PAOLONI, TOWN CLERK
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