2019-107
2019-107
Resolution Introducing Local Law No. 5 Of 2019 For The Purpose Of Amending The
Zoning Map In Chapter 240, Zoning, Of The Wappinger Town Code In Connection With
The Rezoning Petition Known As Red Cedar Arborists & Landscapers, Inc./Swenson
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 13,
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-2019-107
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Michael Kuzmicz Mover
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. 5 of 2019 for the
purpose of amending the Zoning Map in Chapter 240, Zoning, of the Wappinger Town Code in
connection with the rezoning petition known as Red Cedar Arborists & Landscapers, Inc./Swenson
(the “Proposed Action); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act (Article
8 of the Environmental Conservation Law, Part 617 NYCRR, commonly known as "SEQRA") the
Proposed Action also includes Site Development Plan Approval from the Town Planning Board for the
Red Cedar Arborists & Landscapers, Inc. project; and
WHEREAS, in accordance with SEQRA the Town Board has determined that the Proposed
Action is a Type I action; and
WHEREAS, after declaring its intent to be the Lead Agency for the purposes of SEQRA and
receiving no objections thereto, the Town Planning Board became the Lead Agency for the Proposed
Action; and
WHEREAS, on May 6, 2019 the Planning Board adopted a Negative Declaration regarding
the Proposed Action, thereby ending the SEQRA process.
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 2019 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 5 of 2019 for 7:30 PM on the 10th day of June, 2019 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: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
5/13/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK