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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. J:\DOCS2\500\Wappinger\Code Amendmts 2014\Farley LL.dhs.doc 3