Loading...
2005-0685/17/05 RESOLUTION NO. 2005-068 TOWN OF WAPPINGER TOWN BOARD RE: PROPOSED LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW NO. OF 2005 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 23rd day of May 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roil being called, the following were: PRESENT: Supervisor Councilmembers ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN MCCARTHY The following resolution was moved by Councilmember Paoloni and seconded by Councilmember. Mccarthy WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing _accessory apartments in _accessory_ buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); and Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory Apartments Resolution of Introduction WHEREAS, the Town Board 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 NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2005 in the form annexed hereto; 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 and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2005 for 7:30 PM on the 27th day of June, 2005 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the .annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and 2 of 3 Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory Apartments Resolution of Introduction recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO Supervisor voting Aye ROBERT L. VALDATI, Councilmember voting Aye VINCENT F. BETTINA, Councilmember voting Ave JOSEPH PAOLONI, Councilmember voting Ave MAUREEN MCCARTHY, Councilmember voting Aye The resolution is hereby duly declared adopted. Dated: May 23, 2005 Wappingers Falls, New York Town Clerk Town of Wi s.WocummtsWocs2\500\wappingerWccessmy apts\acwptsprnintro.lkhdoc 0 3 of 3 Mo