2014-1142014-114
Resolution Introducing Local Law No. Of 2014 Amending The Town's Zoning Map For
The Purpose Of Rezoning A Property To The Conservation Commercial (CC) District
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 April 14,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board is considering the adoption of Local Law No. _ of 2014
which would amend the Town's Zoning Map for the purpose of rezoning a property to the
Conservation Commercial (CC) zoning district; and
WHEREAS, for the purpose of Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Wappinger Environmental Quality Review Law (WEQR) which establishes locally designated
Type I actions), the Proposed Action is the adoption of the proposed Local Law, the adoption of a
Resolution amending the Town's Comprehensive Plan, and Site Plan Approval of a proposed office
use; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted
Action pursuant to SEQRA and WEQR; and
WHEREAS, after performing a designation of Lead Agency procedure in accordance with
SEQRA, the Planning Board became the Lead Agency for this Proposed Action; and
WHEREAS, after considering the potential environmental impacts with respect to the
Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration, thereby
finding that the Proposed Action will have no significant adverse impacts upon the environment,
and thereby ending the SEQRA process with respect to this matter.
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. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law No. _ of 2014 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the
annexed proposed Local Law No. _ of 2014 for 7:30 PM on the 27th day of May,
2014 and the Town Clerk is hereby directed to post the notice of the Public
Hearing in the form annexed hereto and to publish same in the Southern Dutchess
News and the Poughkeepsie Journal 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 recommendation pursuant to
Section 240-112 of the Zoning Law prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
4/14/2014
The Resolution is hereby duly declared adopted.
P. PAOLONI, TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filin
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No.
of the year 2014
A local law entitled "A Local Law Amending the Town's Zoning_Map for the Purpose
of Rezoning a Pro_perty to the Conservation Commercial (CC) District."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as
follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and
number each.)
Section 6. Separability
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable
to any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses,
sentences, subsections, words or parts of this Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law would have been adopted if such
illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part
had not been included therein, and if such person or circumstance to which the Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 7. Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
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