2006-180COF-
2006-180
RESOLUTION ADOPTING LOCAL LAW No. 7 OF 2006 AMENDING THE TOWN OF
WAPPINGER ZONING LAW REGARDING THE REMOVAL OF SECTION 240-70.I
AND THE CORRECTION OF SECTION 240-67.G
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 August
28t'', 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
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Valdati.
WHEREAS, the Town Board of the Town of Wappinger has determined that the Town
Code, Section 240-70.I of the Town of Wappinger Zoning Law should be removed in order to
correct the error made in adopting this section (the "Proposed Action'); and
WHEREAS, the Town Board believes the subject section was adopted in error because:
1. Section 240-67 of the Zoning Law pertains to motor vehicle sales establishments;
2. Section 240-70 pertains to repair garages;
3. The text of Section 240-70.I pertains to small motor vehicle sales (not repair garages) and
is therefore misplaced in Section 240-70; and
4. The text of Section 240-70.I is repeated verbatim in Section 240-67.G, where it should be
located; and
WHEREAS, the Town Board has also determined that there is a need to correct Section
240-67.G with respect to an erroneous reference to Section 240-70; 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 August 28t'', 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. 7 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:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
8/28/2006
The Resolution is hereby duly declared adopted.
IORN C. ERSON, TOWN CLERK