2014-1532014-153
Resolution Adopting Local Law No. 4 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 May 27,
2014.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale(Arrived at 7:32PM)
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law No. 4 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, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on May 27,2014 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof; 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 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; and
WHEREAS, in accordance with Section 240-112 of the Town Zoning Law, the Town
Board referred the proposed Local Law to the Town Planning Board for its advisory opinion; and
WHEREAS, in response to said referral the Town Planning Board responded and stated
"No Issue"; and
WHEREAS, as also in accordance with Sections 239-1 and m of the New York State
General Municipal Law, the Town Board referred the proposed Local Law to the Dutchess
County Department of Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD responded and stated "Local
Concern" and
WHEREAS, the Town Board has given due consideration to the comments of the
Planning Board and the DCDPD; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board of
the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption of
this Resolution.
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 adopts Local Law No. 4 of
2014, a copy of which is attached hereto and made a part of this Resolution;
except as specifically modified by the amendments contained therein, the Town
Code, as originally adopted and amended from time to time thereafter, is to remain
in full force and effect.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and to give due notice of the
adoption of said Local Law to the Secretary of State of New York.
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
5/27/2014
The
adopted.
OSEPH P. PAOLONI, TOWN CLERK