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2005-010R I RESOLUTION NO. 2005-10, TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL LAW No. #2 OF 2005 — AMENDMENTS TO THE TOWN CODE, SECTION 240-20 OF THE -TOWN OF WAPPINGER ZONING LAW, ACCESS AND REQUIRED STREET FRONTAGE - AUTHORIZING COMMON DRIVEWAYS AND ACCESS EASEMENTS 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 the 24th day of January 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - Councilpersons ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI JOSEPH PAOLONI MAUREEN McCARTHY VINCENT BETTINA The following resolution was moved by Councilperson Valdati and seconded by Supervisor Ruggiero WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20 of the Town of Wappinger Zoning Law, Access and Required Street Frontage, should be amended and revised to amend the requirement restricting each lot to take access over its own frontage to authorize the Planning Board to allow or require common driveways and cross access easements, under certain circumstances and subject to certain conditions, where deemed beneficial and in the Town's best interest (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); 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 as the only involved agency, the Lead Agency for this action; and WHEREAS, a duly advertised public hearing was held on January 24, 2005 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; Amendment to the Town Code — Common Driveways Resolution of Adoption of Local Law 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 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 environmental impacts as each common driveway or use of a cross access easement would minimize disturbances to the environment, minimize stormwater runoff and pollution, reduce vehicular and pedestrian conflicts, improve traffic flow and safety, and maintain the character of roadways. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. 2 of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting Aye ROBERT L. VALDATI voting Aye VINCENT F. BETTINA voting Absent JOSEPH PAOLONI voting Aye MAUREEN MC CARTHY voting Aye The resolution is hereby duly declared adopted. Dated. Vr:�N tw , 2005 WappingYork Town Clerk Town of WE Attachment: (Negative Declaration) jAdocs2\500\wappingeAzone amendments\common driveways.locallaw.pmadopt3.dkw.doc 2of3