2015-225 2015-225
Resolution Introducing Local Law No. 2 Of The Year 2015, Imposing A Temporary Town-
Wide Moratorium On The Installation Of Freestanding Or Ground-Mounted Solar Energy
Systems
At a Special 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 October
19, 2015.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called,the following was recorded:
✓.Vote Record-ResolutionRES 2015=225
Yes/Aye No/Nay Abstain Absent
DAdopted _.................................. ......................................._.
❑ Adopted as Amended ._Barbara Gutzler.....................................................I...Voter.............................._C�.....................
a.................._0......................................._ ......................
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❑ Defeated William Ciccarelli Voter Ef ❑ ❑ ❑_
Tabled William H Beale Mover
EliD ❑ ❑
_. El
❑ Withdrawn Ismay Czarniecki — _ Voter QEl _ 0 _ —._0..---
Michael Kuzmicz I Seconder R1 ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, the installation of solar energy systems on commercial and residential
properties has become wide spread in recent years due to various tax incentives and leasing
options; and
WHEREAS, the Town Board of the Town of Wappinger recognizes that solar panels
have many benefits for the property owner and the community in general but wise regulation
regarding the placement of ground mounted panels are required; and
WHEREAS, the installation of solar energy systems, particularly Freestanding or
Ground-Mounted Solar Energy Systems, impacts neighboring properties in that solar panels are
not always visually compatible with their setting and they require the clearing of trees and
structures to insure that sunlight reaches the solar collectors; and
WHEREAS,it is necessary to preserve the status quo in the Town of Wappinger pending
the enactment of reasonable regulations for the installation of Freestanding or Ground-Mounted
Solar Energy Systems; and
WHEREAS, the Town Board believes that it is in the best interest of the citizens and
property owners of the Town of Wappinger to impose a Temporary Town-wide Moratorium on
the Installation of Freestanding or Ground-Mounted Solar Energy Systems for a period of three-
months; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type II
Action not subject to environmental review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30) and
pursuant to Town of Wappinger Code §117-5 (the Town's Environmental Quality Review Law).
NOW, THEREFORE, BE IT RESOLVED:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby introduces for consideration of its adoption proposed "Local
Law No. of the Year 2015, Imposing a Temporary Town-Wide Moratorium on the
Installation OF Freestanding or Ground-Mounted Solar Energy Systems" in the form annexed
hereto.
3. The Town Board hereby schedules a Public Hearing regarding the proposed adoption of
the annexed Local Law for 7:30 P.M., on the 4th day of November 2015, to be held at Town
Hall, 20 Middlebush Road, Wappingers Falls,New York, and the Town Clerk is directed to post
a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers, the
Southern Dutchess News and Poughkeepsie Journal, and on the sign board maintained by the
Town Clerk in Town Hall 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
Notice of Public Hearing to the municipal clerk of each abutting municipality
not less than ten(10) days prior to said Public Hearing; and
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
Notice of Public Hearing to the Dutchess County Department of Planning and
Development for advisory review in accordance with §239-m of the General
Municipal Law; and
To distribute a copy of this resolution, the annexed proposed Local Law, and the Notice of
Public Hearing to the Town of Wappinger Planning Board for its review and recommendation
prior to said public hearing,pursuant to Zoning Code §240-112.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Gutzler, Ciccarelli, Beale, Czarniecki,Kuzmicz
Dated: Wappingers Falls,New York
10/19/2015
The Resolution is hereby d declared Adopted.
J SEPH P. PAOLONI, TOWN CLERK