2009-1402009-140
Resolution Introducing Local Law No _ of 2009 Amending the Zoning Law So as to
Include Pawn Shops as a Special Permit Use in the Highway Business (HB) and Highway
Design (HD) Zoning Districts
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 23,
2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paolom
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, the Town Board of the Town of Wappinger has determined that the Zoning
Law should be amended so as to include Pawn Shops as a Special Permit Use in the Highway
Business (HB) and Highway Design (HD) zoning districts (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 2009 in the form annexed hereto;
except as specifically modified by the amendments 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 ad?Rtion of the
annexed proposed Local Law No. of 2009 for 7:00 PM on the 27 day of April,
2009 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
3/23/2009
The Resolution is hereby duly declared adopted.
HN C. ASTERSON, TOWN CLERK