2013-1502013-150
Resolution Introducing "Local Law No. _ of the Year 2013, Noise Control Law of the
Town of Wappinger"
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 May 28,
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 7:34 PM)
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz
WHEREAS, excessive sound is a public nuisance which is disruptive of the peace and
quiet, and which impairs the health, safety, welfare and quality of life of the residents of the Town
of Wappinger; and
WHEREAS, the residents of the Town have a right to, and should be ensured of, an
environment free from sound pollution so it is in the best interest of the Town to enact a noise
control law to prohibit excessive sound that may disrupt and degrade the quality of life and that may
jeopardize the health, safety and welfare of its citizens; and
WHEREAS, the Town Board has determined it is necessary to set standards for
unreasonable and prohibited noise; 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 and 6 NYCRR 617.4(b)(9)
(commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's
Environmental Quality Review Law); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action
for which there are no other Involved Agencies and the Town Board is therefore, by default,
Lead Agency for this action.
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 hereby introduces for adoption Local Law No. of the Year
2013 in the form annexed hereto.
3. The Town Board hereby declares itself as Lead Agency for purposes of SEQRA
review.
4. The Town Board has caused to be prepared a Full Environmental Assessment
Form for purposes of review of the SEQRA action and the Town Board will defer
making a determination of significance until after public comment is received on
the proposed Noise Control Law.
5. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of
Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 24a` day of June 2013, at 7:30 p.m.,
and the Town Clerk is directed to post the Notice of the Public Hearing in the
form annexed hereto and to publish same in the Southern Dutchess News and the
Poughkeepsie Journal as required by law.
6. The Town Clerk is direct to submit a copy of the Proposed Noise Control Law to
the Dutchess County Department of Planning pursuant to GML § 239-m.
7. The Town Clerk is direct to submit a copy of the Proposed Noise Control Law to
the adjoining municipalities for comment pursuant to Town Law § 264.
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: NAY
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
5/28/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK