2011-3692011-369
Resolution Introducing Local Law _Of 2012 Which Would Amend the Town's Zoning
Map for the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning
District
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
November 28, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2012 which
would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of
rezoning property to the Neighborhood Business (NB) zoning districts; and
WHEREAS, the property to be rezoned is part of Tax Parcel 6158-04-951382, which is
located to the rear of the Villa Borghese parcel on Widmer Road (the "Subject Property"); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the rezoning of the Subject Property, site development plan
approval for the improvement of the Subject Property as an additional parking area for Villa
Borghese, and a lot line realignment to add the Subject Property to the Villa Borghese parcel; and
WHEREAS, the Proposed Action is a Type I action under the Wappinger Environmental
Quality Review (WEQR) law and the Town of Wappinger Planning Board has declared its intent to
become the Lead Agency for the Proposed Action in accordance with SEQRA; and
WHEREAS, a Determination of Significance has not yet been made with respect to the
Proposed Action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set
forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law —of 2012 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.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law —of 2012 for 7:30 PM on the 9th day of January,
2012 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 Local 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:
BARBARA GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
11/28/2011
The Resolution is hereby duly declared adopted.
CHRISTINE FULT , DEPUTY TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Fili
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. of the year 2012
A local law entitled "A Local Law Ame iding the Town's Zoning Map for the Purpose
of Rezoning Prol,ertv to the Neighborhood Business (NB) Zoning District."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER
follows: as
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW _ OF THE YEAR 2012
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This local law shall be entitled, "A Local Law Amending the Town's. Zoning Map in for
the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning District."
Section 2, Legislative Intent
This local law is intended to allow for the extension of the Villa Borghese parking area at
the rear of the Villa Borghese parcel, which parking extension has been contemplated for
many years.
Section 3. Changing of Zoning District Designation of Portion of Parcel
The zoning of a portion of the parcel listed below is hereby changed from the Existing
Zoning District to the New Zoning District as shown below:
Tax Parcel
Number(s)
part of
6158-04-951382
Owner's Name
and Address
Wappingers RE, LLC
605 Third Avenue
New York, NY 10158
Existing Zoning
District
R-20 One -
Family
Residence
New Zoning
District
Neighborhood
Business
Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the
Wappinger Town Code
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of part of the parcel listed in Section 3 above, as shown on the enclosed
map entitled, "Exhibit A, Proposed NB Rezoning -Widmer Road," dated November 18,
2011.
Section 5. Ratification, Readoation and Confirmation
Except as specifically modified by the amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time
2
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
Section 6. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity or unconstitutionality, or
inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 7. Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\Code AmendmOlocal law villa b.dhs.doc
k -I