2008-3002008-300
Resolution Introducing Local Law No. of 2008 Containing Zoning Text Amendments
Regarding Post -Approval Escrow Accounts
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 October
15, 2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy (arrived at 7:11 PM)
Joseph P. Paoloni (arrived at 7:07 PM)
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Supervisor Colsey.
WHEREAS, the Town Board of the Town of Wappinger has determined that the
Zoning Law should be amended so as to modify the provisions regarding post -approval
escrow accounts (the "Proposed Action"); 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 pursuant to Chapter 117 of the Town Code (the
Town's Environmental Quality Review Law which establishes locally designated Type I
actions); 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.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law No. of 2008 in the form annexed hereto; except
as specifically modified by the amenchnents contained therein, the Zoning Law as
originally adopted and amended from time to time thereafter is to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
2. The Town Board has reviewed the Proposed Action and hereby reserves the right to
make its Determination of Significance pursuant to SEQRA at the conclusion of the
Public Hearing(s) on the proposed amendments to the Zoning Law.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law No. of 2008 for 7:00 PM on the 24th day of
November, 2008 and the Town Clerk is hereby directed to publish notice thereof in
the Town's official newspapers 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 Zoning 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
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 pursuant to Section 240-112 of the Zoning Law
prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
10/15/2008
The Resolution is hereby duly declared adopted.
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1 C- / n (A --)I HN C. MA TERSON, TOWN CLERK
V