2019-132 2019-132
Resolution Adopting 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 June 24, 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-2019-132
2 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
Christopher Phillips El El ElEl Withdrawn s Voter 2 1? p__
Michael 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. 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, 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 June 10th, 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(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; and
WHEREAS, the Town Board referred the proposed Local Law to the Town Planning Board for its
advisory opinion; and
WHEREAS, in response to said referral the Town Planning Board responded by voting with a
positive recommendation; 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 that it was 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. 5 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 the State of New York.
4. 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, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
6/24/2019
The Resolution is hereby duly declared Adopted.
JOS/ P P. PAOLONI, TOWN CLERK