2020-117
2020-117
Resolution Introducing Local Law No. 3 Of 2020 Which Would Amend Chapter 240,
Zoning, Of The Town Code With Respect To Outdoor Seating For Existing Food Service
Establishments
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 8,
2020.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2020-117
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Mover
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Seconder
Withdrawn
Al Casella Voter
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Phillips.
WHEREAS, the Town Board is considering the adoption of Local Law No. 3 of 2020 which
would amend Chapter 240, Zoning, with respect to outdoor seating for existing food service
establishments (the “Proposed Action”); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is as defined above; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I 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. 3
of 2020 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 3 of 2020 for 7:00 PM on the 13th day of July, 2020 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted
as follows:
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: William H. Beale, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
6/8/2020
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK