2025-1052025-105
Resolution To Declare Lead Agency For The Proposed Action 2025 Comprehensive Plan
Update And Chapter 240 Zoning Law Amendments
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 12,
2025.
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 -2025-105
Yes/Aye
No/Nay
Abstain
Absent
2 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❑ withdrawn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, the Town of Wappinger's Town Board, believes that changes are necessary to provide more
effective control over the placement of certain multifamily and commercial uses to allow more certainty
in the application of the uses, and to ensure that multifamily and commercial uses are placed within areas
that can be reasonably served with municipal water and sewer and other infrastructure; and
WHEREAS, pursuant to Section 272a of the NYS Town Law, the Town of Wappinger Town Board has
determined that such changes require an update to the existing 2010 Town Comprehensive Plan and
existing zoning to effectively execute the proposed changes; and
WHEREAS, the Town of Wappinger Town Board has hired Laberge Group to prepare recommendations
for the updates to the existing 2010 Town of Wappinger Town Plan and also recommend amendments to
locally adopted zoning to enact such updates to the Town Plan;
WHEREAS, recommended updates are discussed in the document entitled "Town of Wappinger 2025
Comprehensive Plan Updates" (hereinafter referred to as "2025 Plan Updates"), and Chapter 240 Zoning
Amendments (referred to hereinafter as "Zoning Amendments"), are also included as part of this
proposed action; and
WHEREAS, the adoption of the 2025 Plan Updates and Zoning Amendments is a Type I action under
SEQRA, per NYCRR 617.4 (b); and
WHEREAS, the Town Board is the only entity that can legislatively adopt these recommended updates,
thus, the Town Board seeks to serve as the Lead Agency for the proposed action; and
WHEREAS, the Town Board has prepared and reviewed Part 1 of a Full Environmental Assessment
Form ("FEAF") as part of advancing review of this proposed action; and
WHEREAS, the proposed action would not involve a federal agency; and
WHEREAS, the Town Board is required to refer the proposed 2025 Plan Update and Zoning
Amendments to the Wappinger Planning Board for review; and
WHEREAS, the Town Board is also required to refer the 2025 Plan updates and Zoning Amendments
to the Dutchess County Planning Board under GML 239-m; and
WHEREAS, the Dutchess County Planning Board review and the Wappinger Planning Board review
are both considered an advisory opinion, therefore, neither board is considered to be eligible for Lead
Agency status under SEQRA in this action.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Wappinger in regular
session duly convened as follows:
1. The Town Board of the Town of Wappinger hereby determines that the Project is a Type
1 Action under SEQRA and declares itself Lead Agency pursuant to SEQRA and its
implementing regulations at 6 NYCRR §617.6 (b)(1) with respect to the proposed action
to adopt a 2025 Plan Update and Zoning Amendments.
2. The Town Board of the Town of Wappinger hereby directs the referral of the proposed
"2025 Plan Update and Zoning Amendments" to the Dutchess County Planning Board for
review and recommendation pursuant to New York General Municipal Law §239-m.
3. The Town Board of the Town of Wappinger hereby directs the referral of the proposed
"2025 Plan Update and Zoning Amendments" to the Wappinger Planning Board for
review and recommendation.
3. The Town Board authorizes and directs the Town Clerk to notice the identified involved
and interested agencies of this action classification and Lead Agency declaration.
4. The Town Board hereby directs the Town Clerk to send notification of the public hearing
to all adjoining municipalities.
5. The Town Board hereby schedules a public hearing on the 2025 Plan Update and Zoning
Amendments to be held before the Town of Wappinger Town Board on 27th day of May
commencing at 7:00 PM, at the Town of Wappinger Town Hall, 20 Middlebush Road,
Wappinger Falls, New York, 12590 and further directs that notice of such public hearing
be posted and published in accordance with applicable law.
The foregoing was put to a vote which resulted as follows
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Al Casella, Councilman
SECONDER:
Christopher Phillips, Councilman
AYES:
Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
5/12/2025
The Resolution is hereby duly declared Adopted.