2018-8101 ::i
Resolution Introducing Local Law No. 4 Of 2018 Which Would Amend Chapter 137,
Freshwater Wetland, Waterbody And Watercourse Protection, Of The Town Code With
Respect To The Demarcation Of Wetlands And Wetland Buffers
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 March 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 -2018-81
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❑ Withdrawn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 the adoption of Local Law No. 4 of 2018 which
would amend Chapter 137, Freshwater Wetland, Waterbody and
<http://www.ecode360.com/11071898> Watercourse Protection, of the Town Code with respect to
the demarcation of wetlands and wetland buffers; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the amendment of Chapter 240, Zoning, Chapter 137, Freshwater
Wetland, Waterbody and<http://www.ecode360.com/11071898> Watercourse Protection,
Chapter 153, Junkyards, Chapter 185, Property Maintenance, and Chapter 122, Fees and Fines,
of the Town Code with respect to a variety of matters; 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. 4
of 2018 in the form annexed hereto.
I The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 4 of 2018 for 7:30 PM on the 23rd day of April, 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:
Robert Johnston, Councilman
AYES:
Richard Thurston, Robert Johnston, Michael Kuzmicz
ABSENT:
William H. Beale, Angela Bettina
Dated: Wappingers Falls, New York
3/26/2018
The Resolution is hereby duly declared Adopted.
JOS/F-P/H P. PAOLONI, TOWN CLERK