1979-07-09WHEREAS on July 9, 1979, the Town Board adopted a
negative declaration of environmental impact with respect
to the adoption of an amendment to the zoning ordinance
of the town, and
WHEREAS on July 9, 1979 the board adopted an amendment
to the zoning ordinance, and
WHEREAS notice of publication of said amendment has
not been made pending a requested opinion from the Town
Attorney as to procedures to be observed upon publication,
and
WHEREAS in so acting, provisions of the State Environ-
mental Quality Review Act and Local Law No. 2 of 1977
may have been inadvertantly overlooked, and
WHEREAS it is the objective of the Town Board to
comply with any applicable provisions thereof prior to
implementation of the said amendments to the zoning
ordinance,
NOW, upon the motion of
seconded by ..
8 ,
BE IT RESOLVED that the prior resolutions and actions
of the Town Board on July 9, 1979 adopting the aforesaid
declaration of negative environmental impact be and is hereby
rescinded, and
BE IT FURTHER RESOLVED that the action of the Town
Board adopting an amended zoning ordinance on July 9, 1979
be made subject to observance of those procedures set forth
in the Environmental Quality Review Act and Local Law §1
of 1977 to the extent applicable and that final adoption
and implementation thereof be held in abeyance until
completion of consideration of said act and local law and
observance thereof to the extent applicable by the Town
Board, and that the Town Clerk take no steps to publish
the same until further direction of the Town Board.
Y -i,
.
3 If
f
AT A REGULAR MEETING OF THE TOWN BOARD
OF THE TOWN OF WAPPINGER ON JULY 9, 1979
WHEREAS, a motion was made at a prior meeting of the
Town Board of the Town of Vappinger that the zoning ordinance
and zoning map be introduced and that a public hearing be
held thereon, and
WHEREAS, pursuant: to Section 239-m of the General
Municipal Law, the proposed amendment to the map and ordinance
was referred to the Dutchess County Planning Department,
and
WHEREAS, by letter dated the 25th day of June, 1979,
the Dutchess County Planning Department has recommended
disapproval of certain portions of the amendment, and
WHEREAS, a motion has been made that the zoning map
and ordinance be amended,
NOW, THEREFORE, BE IT RESOLVED that the zoning map
and zoning ordinance amendment as attached hereto be and
is hereby adopted, and
BE IT FURTHER RESOLVED that pursuant to the provision
of General Municipal Law Section 239-m, approval to the
said amendment is granted for the following reasons:
1. The disapproval expressed by the county planning
agency is only addressed at commercially zoned areas. The
factual premises supporting the conclusions so expressed
fail to consider actual land use patterns in such areas.
2. The county planning agency has failed to consider
the legitimate expectations of land owners in commercial
zones that such land will continue to be used as such.
3. The fear expressed that zoning map will result
in excess commercial development fails to take into
consideration the operation of competitive factors that
will limit commercial development to the actual demands
of the market place. Commercial zones should not be so
limited as to hamper the free operation of those forces.
4. The county planning agency has not recommended
disapproval of the entire zoning text and map but only
portions thereof. It has commented favorably with respect
to other portions. As the recommendation does not address
the proposed ordinance in its entirety, it is questionable
whether the negative portions alone are a disapproval within
the contemplation of General Municipal Law §239-m.
5. Because of the expenses associated with the
adoption of zoning ordinances, adoption of the proposed
and map
comprehensive ordinance/and the further study of the
specific disapprovals will better serve the best interests
of town residents. If after study, modification is warranted,
the same can be accomplished by subsequent legislation.
6. The present zoning ordinance is sixteen years
old and is outdated. Further delay is not warranted in the
adoption of a new comprehensive ordinance.