2017-108 2017-108
Resolution Introducing Local Law No. 5 Of 2017 Which Would Amend Chapter 240,
Zoning, Of The Town Code By Modifying The Shopping Center (SC) District And
Changing The Zoning Of Two Parcels To SC
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 May 22,
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-2017-108
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2017 which
would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center (SC)
District and changing the zoning of two parcels to SC; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the rezoning of the two above mentioned parcels and an
amendment to the Town Comprehensive Plan regarding one of the parcels (as specified in the Local
Law); 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
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; and
WHEREAS, a Determination of Significance has not yet been made with respect to the
Proposed Action.
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. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. 5
of 2017 in the form annexed hereto.
I The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 5 of 2017 for 7:30 PM on the 12th day of June, 2017 and the Town
Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto
and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not
less than ten (10) days prior to said Public Hearing date.
4. The Town Board hereby 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, the annexed proposed Local Law, and the public
hearing notice to the Dutchess County Department of Planning and Development for
advisory review in accordance with Section 239 of the New York State General
Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public
hearing notice to the Town of Wappinger Planning Board for its review and
recommendation prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
5/22/2017
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK