2019-782019-78
Resolution Adopting Local Law No. 4 Of 2019 Which Would Amend Chapter 217,
Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters
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 11,
2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2019-78
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❑ Withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Michael Kuzmicz
Mover
Q
❑
❑
❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Phillips.
WHEREAS, the Town Board is considering the adoption of Local Law No. 4 of 2019 which
would amend Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of
matters; and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on March 11, 2019 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or
any part thereof; 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 217, Subdivision
of Land, Chapter 122, Fees and Fines, and Chapter 85, Building Construction: Administration of
Administrative Code, of the Town Code with respect to a variety of matters; 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, on March 11, 2019 and pursuant to the State Environmental Quality Review Act
regulations, the Town Board adopted a Negative Declaration, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, that a Draft Environmental
Impact Statement will not be required, and that the SEQRA process is complete; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board
for its advisory opinion; and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed Local Law to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD responded and stated 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 Local Law 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. The Town Board, after due deliberation, finds that it is in the best interest of the Town to
adopt said Local Law, and the Town Board hereby adopts Local Law No. 4 of 2019, a copy of
which is attached hereto and made a part of this Resolution; except as specifically modified
by the amendments contained therein, the Town Code, as originally adopted and amended
from time to time thereafter, is to remain in full force and effect.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the
Local Law book for the Town of Wappinger and to give due notice of the adoption of said
Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
3/11/2019
The Resolution is hereby duly declared Adopted.
JOS/EP/H P. PAOLONI, TOWN CLERK