2018-292018-29
Resolution Introducing Local Law No. 1 of 2018 Which Would Amend Chapter 240, Zoning, of
the Town Code by Rezoning Property from the R-40 One -Family Residence District to the
General Business (GB) District in Connection with the Route 376 Holdings, Inc. Rezoning Request
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 January 22, 2018.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being
called, the following was recorded:
✓ Vote Record - Resolution RES -2018-29
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert JohnstonVoter
Q
El
El
ElMichael
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. 1 of 2018 which would
amend Chapter 240, Zoning, of the Town Code by rezoning property from the R-40 One -Family Residence
District to the General Business (GB) District in connection with the Route 376 Holdings, Inc. rezoning
request; and
WHEREAS, the subject property is part of tax parcel 6259-04-540266 (the "Subject Property"), which
is located immediately to the north and east of tax parcel 6259-04-530251 which is on the northeast corner of
New Hackensack Road (Route 376) and Hackensack Heights Road; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the
Proposed Action is the rezoning of the above mentioned property and an amendment to the Town
Comprehensive Plan regarding the property; 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:
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. 1 of
2018 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed
Local Law No. 1 of 2018 for 7:30 PM on the 2611 day of February, 2018 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: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
1/22/2018
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK