2024-862024-86
Resolution Adopting Local Law No 1 Of 2024
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,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-86
Yes/Aye
No/Nay
Abstain
Absent
Q Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
❑
❑
❑
Q
❑ withdrawn
Christopher Phillips
Seconder
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, that the Town Board has introduced Introductory Local Law No. 91 of the year 2024 before
the Town Board of the Town of Wappinger in the County of Dutchess and State of New York entitled, "A
Local Law Regulating For An Interim Period, The Receipt, Processing And Approval Of Applications
For Subdivisions Greater Than Three Lots And Applications For Multi -Family Residential Development
Within The Town Of Wappinger" ("Interim Development Law"), and
WHEREAS, copies of the aforesaid proposed Interim Development Law, which is attached hereto, has
been laid upon the desk of each member of the Board for the required number of days, and
WHEREAS, a public hearing on said proposed Interim Development Law was held at the Town Hall, in
the Town of Wappinger, New York at 7:00 o'clock P.M. on March 11, 2024 where the public was heard.
NOW, THEREFORE, BE IT RESOLVED, Introductory Local Law # 1 of 2024 is hereby enacted by the
Town Board of the Town of Wappinger as Local Law # 1 of 2024 of the Town of Wappinger; and
BE IT FURTHER RESOLVED, that a true copy of the law is attached hereto and made a part hereof.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Joseph D. Cavaccini, William H. Beale, Christopher Phillips, Al Casella
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
3/11/2024
The Resolution is hereby duly declared Adopted.
JOSEPH P. PAOLONI, TOWN CLERK
TOWN OF WAPPINGER
Local Law No. 1 of 2024
A LOCAL LAW REGULATING FOR AN INTERIM PERIOD, THE RECEIPT, PROCESSING,
AND APPROVAL OF APPLICATIONS FOR SUBDIVISIONS GREATER THAN THREE
LOTS AND APPLICATIONS FOR MULTI -FAMILY RESIDENTIAL DEVELOPMENT
WITHIN THE TOWN OF WAPPINGER.
Section I TITLE
This Local Law shall be known and may be cited as the Interim Development Law of the
Town of Wappinger.
Section II LEGISLATIVE INTENT AND FINDINGS OF FACT
A. Background.
The Town of Wappinger, Dutchess County, New York (the "Town") is concerned about
land use and development trends in the county and region and the standards contained in the
Town's current development regulations. The Town, simultaneously herewith, will be re-
evaluating and updating its comprehensive master plan which was last amended in 2010 and its
zoning code which contains multiple issues and contradictions that the Town believes are
necessary to fix. Additionally, the Town is concerned about its ability to supply potable water
from its existing water supply system to its existing residents and to new development projects and
has similar concerns about the capability to supply sewer service. The existing sewage treatment
plant located at 345 Sheafe Road, Wappinger Falls, New York 12590 requires significant upgrades
and is currently operating under a Consent Order of the New York State Department of
Environmental Conservation. For this purpose, the Town will need to conduct research, studies,
and surveys, informational meetings and public hearings which will lead to the creation and
adoption of a new comprehensive plan and amendments to the zoning code and subdivision
regulations of the Town to implement such plan.
B. Legislative Findings of Fact.
The Town Board of the Town of Wappinger (the "Town Board") does hereby find that,
pending the completion of the research, studies, surveys, informational meetings, public hearings
and other actions incident to proper consideration and decisions to update the comprehensive
master plan and revisions and make amendments of the Town Zoning Code and subdivision
regulations, appropriate measures must be taken for a reasonable interim period to protect the
public interest. The Town Board also finds that the further review and approval of significant new
development when an updated comprehensive plan may recommend changes in the existing
zoning code may destroy the integrity of the comprehensive plan and the amendments' basic
purposes, comprehensive aspects and intentions.
Section III SCOPE OF CONTROLS
During the effective period of this law and effective as provided herein:
The Planning Board shall not accept, review, or grant, nor shall any other board,
department, or agency of the Town accept, review, or grant, any application for approval of a
subdivisions creating greater than three lots (including the existing lot) and/or/or together with
applications for or including new multi -family residential development, unless a complete
application has been filed and a negative declaration and/or Final Environmental Impact Statement
has been approved.
Section IV APPEALS PROVISIONS
A. The Town Board shall have the power to vary or modify the application of any
provision of this Local Law upon its determination, in its absolute legislative discretion, that such
variance or modification is consistent with the spirit of the intended master plan and prospective
zoning code amendments upon which this local law is based and with the health, safety and general
welfare of the Town, and upon finding that the application of the provisions of this local law to a
specific property will cause undue economic hardship and that such hardship is unique to that
specific property.
B. Upon receiving any application for such variance or modification, the Town Board
shall refer such application to the Planning Board for a report of said Planning Board with respect
to the effect of the prospective variance or modification upon the intended comprehensive plan.
To expedite the appeal, the Town clerk shall forward, within forty-eight (48) hours after receipt of
same, all applications for relief to the Planning Board for its report. Such report shall be returned
by the Planning Board to the Town Board within thirty (30) days of such reference and shall be
placed on the next agenda of the Town Board for a determination after expiration of said thirty -day
period or receipt of a report from the Planning Board, whichever is earlier. The granting of an
appeal for relief by the Town Board shall authorize and permit the Planning Board to accept,
review, consider, and otherwise act.
C. In deciding on a proposed exemption or grant of relief from application of the
moratorium, the Town Board may obtain and consider reports and information from any source it
deems to be helpful with review of said application.
D. A grant of relief from application of the moratorium shall include a determination
of unreasonable hardship upon the property owner (or if there are multiple property owners, a
determination that each such owner shall suffer an unreasonable hardship) which is unique to the
property owner(s), a finding that there are sufficient existing regulations to adequately govern the
application for which a hardship waiver is being requested, and a finding that the grant of an
exemption will be in harmony with, and will be consistent with the existing Town of Wappinger
Zoning Ordinance and the recommendations of the Comprehensive Plan as such may exist.
E. An application for relief from the prohibitions of the moratorium shall be
accompanied by a fee as set forth by resolution of the Town Board, together with the applicant's
written undertaking, in a form to be approved by the Attorney for the Town, to pay all of the
expenses of the Town Board and any agent or consultant retained by the Town Board to evaluate
and consider the merits of such application, including but not limited to any fees incurred by the
Town for services provided by the Attorney for the Town.
Section V PENALTIES
A. Any person, firm, entity, or corporation that shall violate any of the provisions of
this local law shall be subject to penalties as otherwise provided by law or ordinance of the Town
of Wappinger for violation of provisions of Chapter 240 of the Town Code (Zoning).
B. Additionally, failure to comply with any of the provisions of this Local Law shall
be an unclassified misdemeanor as contemplated by Article 10 and Section 80.05 of the New York
State Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than One
Thousand Dollars ($1,000) or imprisonment for not more than 10 days, or both for the first offense.
Any subsequent offense within a three-month period shall be punishable by a fine of not more than
Two Thousand Dollars ($2,000) or imprisonment for a period of not more than 30 days, or both.
For purposes of this Clause A., each day that a violation of this Local Law exists shall constitute
a separate and distinct offense.
C. Compliance with this Local Law may also be compelled and violations restrained
by order or by injunction of a court of competent jurisdiction, in an action brought on behalf of the
Town by the Town Board.
D. In the event the Town is required to take legal action to enforce this Local Law, the
violator will be responsible for any and all costs incurred by the Town relative thereto, including
attorney's fees, and such amount shall be determined and assessed by the court. If such expense is
not paid in full within 30 days from the date it is determined and assessed by the Court, such
expense shall be charged to the property(ies) within the Town on which the violation occurred, by
including such expense in the next annual Town tax levy against such property, and such expense
shall be a lien upon such property until paid.
Section VI APPLICATION
This law shall apply to subdivisions greater than three lots (including the lot to be
subdivided) and new multi -family residential developments within the Town of Wappinger.
Section VII VALIDITY
The invalidity of any word, section, clause, paragraph, sentence, part or provision of this
local law shall not affect the validity of any other part of this local law which shall be given effect
without such invalid part or parts.
Section VIII EXEMPTION
This local law shall not apply to the following:
(1) subdivisions that create less than three parcels including the existing parcel;
(2) to the premises which are the subject of the case In the Matter of the Application of
Mid -Hudson Development Corp. and Mid -Hudson Holdings, LLC v. The Town of Wappinger and
the Town of Wappinger Town Board, Index Number 2023-51732;
(3) to the premises which are the subject of the case In the Matter of the Application of
Dakota Partners, Inc., Diamond Properties LLC and DP 123 v. The Town of Wappinger Zoning Board of
Appeals, Index No. 2024-50198;
(4) to the premises which are the subject of the case Downey Energy and Northeast 40,
LLC v. Town of Wappinger, Planning Board of the Town of Wappinger, Bruce Flower, Ralph
Marinaccio, Robert Ceru, Markos Peratikos, Paul Freno, Nicholas Maselli, The Town Board of
the Town of Wappinger and `John Does and Jane Does 1-15 ", Index Number 2022-51174;
(5) to the premises which are the subject of the case In the Matter of the Application of
Cedar Hills LLC v. The Town of Wappinger, Town of Wappinge Town Board and Town of Wappinger Town
Clerk, Index No. 2024-50539;
(5) those projects currently before the Boards of the Town of Wappinger that have a
Negative Declaration under SEQRA or an approved Final Environmental Impact Statement; and
(6) the issuance of building permits.
Section IX REPEAL OF OTHER LAWS
A. To the extent that any provisions of this local law are in conflict with or are
construed as inconsistent with the provisions of the New York State Town Law or any local
ordinance, law, or regulation, this local law supersedes, amends, and takes precedence over the
Town Law and such local ordinances, laws or regulations, pursuant to the Town's municipal home
rule powers pursuant to Municipal Home Rule Law § 10 and § 22 to supersede any inconsistent
authority.
B. Pursuant to the same powers, and without limiting the generality of the foregoing,
this local law, during the duration of time that this law is in effect, supersedes the following:
(1) The provisions contained in Article 8 of the Environmental Conservation
Law (known as the State Environmental Quality Review Act) and the regulations thereunder to
the extent that such provisions require that an agency determine the environmental significance of
an application within certain specified timeframes;
(2) The provisions of Town Law § 267 and § 267-a through c, pertaining to
the variance authority of the board of zoning and appeals.
(3) The provisions of Town Law, Article 16, Section 276(5)(d)(iii):
Decision. The planning board shall approve, with or
without modification, or disapprove such
preliminary plat as follows:
(1) If the planning board determines that the
preparation of an environmental impact statement on
the preliminary plat is not required such board shall
make its decision within sixty-two days after the
close of the public hearing; or
(2) If the planning board determines that an
environmental impact statement is required, and a
public hearing is held on the draft environmental
impact statement, the final environmental impact
statement shall be filed within forty-five days
following the close of such public hearing in
accordance with the provisions of the state
environmental quality review act. If no public
hearing is held on the draft environmental impact
statement, the final environmental impact statement
shall be filed within forty-five days following the
close of the public hearing on the preliminary plat.
Within thirty days of the filing of such final
environmental impact statement, the planning board
shall issue findings on the final environmental
impact statement and make its decision on the
preliminary plat.
(4) The provisions of Town Law, Article 16, Section 276(5)(e)(iii):
Decision. The planning board shall by resolution
approve with or without modification or disapprove
the preliminary plat as follows:
(1) If the preparation of an environmental impact
statement on the preliminary plat is not required, the
planning board shall make its decision within sixty-
two days after the close of the public hearing on the
preliminary plat.
(2) If an environmental impact statement is required,
the planning board shall make its own findings and
its decision on the preliminary plat within sixty-two
days after the close of the public hearing on such
preliminary plat or within thirty days of the adoption
of findings by the lead agency, whichever period is
longer.
(5) The provisions of Town Law, Article 16, Section 276(8):
Default approval of preliminary or final plat. The
time periods prescribed herein within which a
planning board must take action on a preliminary plat
or a final plat are specifically intended to provide the
planning board and the public adequate time for
review and to minimize delays in the processing of
subdivision applications. Such periods may be
extended only by mutual consent of the owner and
the planning board. In the event a planning board
fails to take action on a preliminary plat or a final plat
within the time prescribed therefor after completion
of all requirements under the state environmental
quality review act, or within such extended period as
may have been established by the mutual consent of
the owner and the planning board, such preliminary
or final plat shall be deemed granted approval. The
certificate of the town clerk as to the date of
submission of the preliminary or final plat and the
failure of the planning board to take action within the
prescribed time shall be issued on demand and shall
be sufficient in lieu of written endorsement or other
evidence of approval herein required.
(6) Any other additional inconsistent provisions of Town Law, Article 16,
including but not necessarily limited to, Sections 264, 265, 274-a, 276, 277, 278, and 279.
Section X. DEFAULT APPROVAL
Notwithstanding any provision of Town Law to the contrary, and specifically based upon
the supersession of the Town Law Sections 276(5)(d), 276(5)(e) and 276(8) recited in Section
IX(B)(3), (4), and (5) above, during the period that this local law, or any extension thereof, is in
effect, in reviewing subdivision applications as may be permitted by this local law, the failure of
the planning board to take action upon any application for approval of a preliminary or final
subdivision plat application shall not be deemed an approval of such application and the town clerk
shall not issue a certificate of approval therefor.
Section XI. VALIDITY AND SEVERABILITY
If any part or provision of this local law or the application thereof to any person or
circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be
confined in its operation to the part or provision or application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect or impair the validity of the
remainder of this local law or the application thereof to other persons or circumstance, and the
Town Board of the Town of Wappinger hereby declares that it would have passed this local law
or the remainder thereof had such invalid application or invalid provision been apparent.
Section XII. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law, and shall remain in force
for a consecutive period of eighteen (18) months from its effective date, unless extended by local
law adopted after public hearing upon no less than ten (10) days' notice published in the official
newspaper of the Town of Wappinger.
Dated March 11, 2024
BY THE ORDER OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER