2018-512018-51
Resolution Adopting Proposed Amendment To Town Comprehensive Plan For The
Purpose Of Changing The Designation Of Property From Medium Density Residential To
Commercial 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 February
26, 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 -2018-51
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Richard Thurston
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Robert Johnston
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Johnston.
WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan
for the purpose of changing the designation of property from Medium Density Residential to
Commercial 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, a Public Hearing on the proposed amendment to the Comprehensive Plan was
duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law;
and
WHEREAS, a Public Hearing was held on February 261h, 2018 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed amendment
or any part thereof; 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 Action 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, the Town Board referred the proposed amendment to the Town Planning
Board for its advisory opinion; and
WHEREAS, in response to said referral the Town Planning Board responded with:
"a favorable review" and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed amendment to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD offered comments and concluded that:
"It is a matter of Local Concern" and
WHEREAS, the Town Board has given due consideration to the comments of the Town
Planning Board and the DCDPD; and
WHEREAS, said amendment 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 Action 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 the proposed amendment to the Town Comprehensive Plan as shown on attached
Exhibit A entitled, "Proposed Route 376 Holdings, Inc. Amendment to Comprehensive Plan,"
and dated December 5, 2017, a copy of which is attached hereto and made a part of this
resolution; except as specifically modified by the amendment contained therein, the Town
Comprehensive Plan, 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 amendment to the Town Comprehensive Plan in the
minutes of this meeting into the records of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Robert Johnston, Councilman
AYES: Thurston, Beale, Bettina, Johnston, Kuzmicz
Dated: Wappingers Falls, New York
2/26/2018
The Resolution is hereby duly declared Adopted.
JOSXP/H P. PAOLONI, TOWN CLERK