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2005-085(DRAFT) RESOLUTION NO. 2005-0 TOWN OF WAPPINGER TOWN BOARD 6/6/05 RE: RESOLUTION ADOPTING LOCAL LAW No. #5 OF 2005 — AMENDMENTS --TO—SECTION-_.2"17-12.H--OF.—THE—TOWN OF WAPPINGER __SUBDIVISION REGULATIONS 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 1P day of June, 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 Councilmembers ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY The following resolution was moved by Councilmember .:McCarthy and seconded by Councilmemberyaldati WHEREAS, the Town Board of the Town of Wappinger has determined that Section 217- 12.H of the Town of Wappinger Subdivision Regulations should be amended to permit the Planning Board to waive the public hearing for subdivision applications that consist solely of the realignment of a common lot line between two adjacent lots (the "Proposed Action"); and 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 WHEREAS, a duly advertised public hearing was held on June 13, 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; 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. Amendment to the Town Code — Section 217-12.H Resolution of Adoption of Local Law 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 no construction will occur as a direct result of the amendments and the amendments will merely simplify and streamline the review and approval process for simple lot line realignment applications by allowing the Planning- Board to- waive the public hearing. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. #5 of 2005; and, except as specifically modified by the amendments contained therein, the Subdivision Regulations, 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 ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY The resolution is hereby duly declared adopted. Dated: June 27 , 2005 Wappinger, New York Attachment: (Negative Declaration) voting Aye voting Aye voting Aye voting Aye voting Aye row C. MAS ERSON n Clerk Town of Wappinger s:\documents\docs2\500\wappinger\zone amendments\phwaive_subreg.local Iaw.prnadopt.Ikb. doc 2of2 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance ect Number: Date: June 13, 2005 SEQI This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality_ ReviewAct).of.theEnvironmental.Conservation-Law.,- ._-_. The Town of Wappinger Town Board has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger — Section 217-12.H. SEQR Status: Type I Unlisted X Conditioned Negative Declaration: Yes X No -^ription of Action : The Town Board of the Town of Wappinger has determined that Section 217-12.H of the Town of sginger Subdivision Regulations should be amended to permit the Planning Board to waive the public hearing for vision applications that consist solely of the realignment of a common lot line between two adjacent lots. 11 Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will merely simplify and streamline the review and approval process for simple lot line realignment applications by allowing the Planning Board to waive the public hearing. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 s:\documents\docs2\500\wappinger\zone amendments\phwaive_subreg.locallaw.negdec.form. M.doc