2013-0392013-39
Resolution Adopting Local Law No. lof 2013 Which Would Amend the Town's Zoning
Map in Connection with the Hilltop Village at Wappinger Project, for the Purpose of
Rezoning Property to the RMF-3 Multifamily Residence 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 January
14, 2013.
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
Michael Kuzmicz
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Bettina.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which
would amend the Zoning Map of Chapter 240, Zoning, of the Town Code in connection with the
Hilltop Village at Wappinger project, for the purpose of rezoning property to the RMF-3
Multifamily Residence District; and
WHEREAS, a Draft Environmental Impact Statement (DEIS) and a Final Environmental
Impact Statement (FEIS) regarding the Hilltop Village at Wappinger project and the associated
zoning changes (the "Proposed Action") have been prepared and filed in accordance with the State
Environmental Quality Review Act (SEQRA); and
WHEREAS, the Town Board has adopted a Findings Statement regarding the Proposed
Action, thereby completing the SEQRA process with respect to this matter; and
WHEREAS, the Town Board has found that the proposed rezoning is consistent with the
Town's Comprehensive Plan; and
WHEREAS, the proposed Local Law has been on the desks of the members of the Town
Board for at least seven (7) days exclusive of Sunday prior to the adoption of this resolution.
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 adopts Local Law No.l of
2013; 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.
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
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
1/14/2013
The Resolution is hereby duly declared adopted.
c~~~.
CHRISTINE FULT ,TOWN CLERK
LOCAL LAW OF THE YEAR 2013
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
Connection with the Hilltop Village at Wappinger Project., for the Purpose of Rezoning
Property to the RMF-3 Multifamily Residence District."
Section 2. Legislative Intent
This local law is intended to amend the Town's Zoning Map, consistent with the Town's
Comprehensive Plan, in order to allow for the development of the Hilltop Village at
Wappinger project.
Section 3. Changing of Zoning District Designation of Part of Parcel
The zoning of part of the parcel listed below is hereby changed from the Existing Zoning
Districts to the New Zoning District as shown below:
Tax Parcel Owner's Name Existing Zoning New Zoning
Number(s) and Address Districts District
part of Contrail LLC
6257-02-630770 1906 Route 52 COP and R-40 RMF-3
Hopewell Junction, NY 12533
Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the
Wappin er 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 attached
map entitled, "Exhibit A, Proposed Zoning Map Changes," dated November 9, 2012.
Section 5. Ratification, Readoption 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
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
2
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 application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom.
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.
Attachment: Exhibit A
3
R-20
R-40
R-20
COP
Proposed
Rezoning from
Proposed COP to RMF-3
Rezoning from
R-40 to RMF-3
R-40
LEGEND
~~ Existing Zoning District Boundary
~~ Existing Zoning District Boundary to be Removed
- ^ ~ - - ~ Proposed Zoning District Boundary
Proposed
Rezoning from
R-40 to RMF-3
R-40
.• ,~
-•...•
PROPOSED ZONING MAP CHANGES N
In Connection Wlth
Hilltop Village at Wappinger
Town of Wappinger, NY
FREDERICK P. CLARK ASSOCIATES, INC. Exhibit
PLANNING, TRANSPORUTION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFlEID, CONNECTICUT
Scale in Fsst
soo o eoo 11 /9/12