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2006-171]I D cop� 2006-171 RESOLUTION ADOPTING LOCAL LAW No. 5 OF 2006 AMENDING THE TOWN OF WAPPINGER ZONING LAW REGARDING FENCES 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 July 5th, 2006. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Joseph Ruggiero Robert L. Valdati Joseph P. Paoloni Vincent F. Bettina Maureen McCarthy The following Resolution was introduced by Councilman Valdati and seconded by Councilman Paoloni. WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-21.B(4) of the Town of Wappinger Zoning Law, should be amended so as to allow more discretion by the Planning Board in approving fences (the "Proposed Action"); and WHEREAS, the Proposed Action represents neither an overall strengthening nor loosening of the existing regulations with regard to fences; and WHEREAS, the Proposed Action will not result in any significant adverse environmental impacts; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. WHEREAS, a duly advertised public hearing was held on July 5�', 2006 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; 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. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 5 of 2006; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations, as originally adopted and amended from time to time thereafter are to remain in full force and effect. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, SUPERVISOR Voting: AYE ROBERT L. VALDATI, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT Dated: Wappingers Falls, New York 7/5/2006 The Resolution is hereby duly declared adopted. % V �XOHN C. STERSON, TOWN CLERK