2013-0892013-89
Resolution Adopting "Local Law No. 9 of the Year 2013, Amending Section 240-60.A. of
the Town of Wappinger Zoning Code
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Ha11, 20 Middlebush Road, Wappingers Falls, New York, on February
25, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale (arrived at 7:31 PM)
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Kuzmicz.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled, "Local Law No. _ of the Year 2013,
Amending Section 240-60.A. of the Town of Wappinger Zoning Code" for consideration of
adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and
the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on February 25, 2013 and all parties in
attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed
Local Law or any part thereof; and
WHEREAS, the Town Board determined that the proposed Local Law is a Type II
action pursuant to 6 NYCRR § 617.5(c)(20) and is otherwise exempt from environmental
review; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds
that it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts the Local Law
entitled, "Local Law No. 9 of the Year 2013, Amending Section 240-60.A. of the
Town of Wappinger Zoning Code", a copy of which is attached hereto and made a
part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and shall file the Local Law
with the Secretary of State of New York as provided by law.
4. This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law.
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
2/25/2013
The Resolution is hereby duly declared adopted.
CHRISTINE F N, TOWN CLERK
LOCAL LAW NO. OF THE YEAR 2013
A Local Law entitled "Local Law No. - of the Year 2013, Amending Section 240-60.A.
of the Town of Wappinger Zoning Code."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title.
This Local Law shall be known and cited as Town of Wappinger "Local Law No. - of
the Year 2013, Amending Section 240-60.A. of the Town of Wappinger Zoning Code".
Section II: Legislative Intent.
The Town Board has reviewed the provisions regarding "temporary housing
units" as contained in Zoning Code Section 240-60.A. and has determined that the
exclusion of mobile homes as temporary housing units is inappropriate. The definition of
"temporary housing unit or Elderly Cottage Housing Opportunity (ECHO)" specifically
defines such a unit as "...separate, detached or impermanently detached, temporary
dwelling unit ..." which must, by its nature, be "mobile". Furthermore, Section 240-60.H.
requires that the temporary housing unit be removed within 90 days of the death or
permanent change of residence of the original occupant of the unit. The Town Board
hereby determines that the prohibition of a mobile home is totally inconsistent with the
stated intention and general provisions of Section 240.60 of the Zoning Code.
Section III: Amendment to the Code.
The following provision of the Town of Wappinger Zoning Code is hereby amended to read
as follows:
"§ 240-60. Temporary housing units (such as ECHO) incidental to permitted principal
use.
A. A temporary housing unit or an Elderly Cottage Housing Opportunity (ECHO)
consist of a separate, detached or impermanently attached, temporary dwelling unit,
containing its own cooking, sanitary and sleeping facilities, accessory and incidental to a
one-family dwelling. Such temporary housing units shall be only for the use of and
occupancy by not more than two elderly or disabled residents, one of whom must be over
60 years of age or unable to live independently because of mental or physical illness or
disability."
Section IV: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappingers that the sections and
sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section V: 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.
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Section VI: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.