2016-299 2016-299
Resolution Reintroducing A Local Law Which Amends Chapter 240, Zoning, Of The Town
Code With Respect To A Variety Of Planning And Zoning Matters
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
November 28, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-299
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
El Tabled
William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Ciccarelli.
WHEREAS, on April 27, 2015, the Town Board by Resolution 2015-115 adopted Local
Law 1 of 2015 entitled "A Local Law for the Purpose of Amending Chapter 240, Zoning, of the
Town Code with Respect to a Variety of Planning and Zoning Matters"; and
WHEREAS, on May 4, 2016, 1336 Route 9, LLC commenced a declaratory judgment
action against the Town of Wappinger in the Supreme Court of the State of New York, County
of Dutchess under Index Number 2016-50953 that sought to have Local Law 1 of 2015 declared
as null and void because the referral to Dutchess County Planning was defective; and
WHEREAS, the Town of Wappinger made a motion to dismiss the lawsuit as being
barred by the applicable Statute of Limitations and for lack of standing however that motion was
denied; and
WHEREAS, the Town of Wappinger has determined that it is appropriate to resubmit a
full statement of the proposed action to Dutchess County Planning and Development which
includes the proposed Local Law together with the completed Environmental Assessment Form
as required by General Municipal Law § 239-m which would moot the declaratory judgment
against the Town; and
WHEREAS, the Town of Board of the Town of Wappinger has determined that Local
Law 1 of 2015 should be amended by removing the last sentence of Section 3, Paragraph 5,
Subparagraph x which adds gasoline filling stations as a special permit use in the SC Zoning
District; and
WHEREAS, on April 27, 2015 by Resolution 2015-115 the Town Board adopted a
negative declaration with respect to Local Law 1 of 2015; and
WHEREAS, the noted amendment to the proposed Local Law is at least as protective of
the environment as Local Law 1 of 2015;
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 hereby determines that the proposed Local Law is as protective of the
Local Law as Local Law 1 of 2015 and for purposes of the SEQRA Regulations (6 NYRCRR
Part 617) , the re-adoption of the proposed Local Law is part of the same action as the adoption
of Local Law 1 of 2015 and the Negative Declaration issued by the Town Board as lead agency
on April 27, 2015 is reaffirmed, remains valid and has full force and effect.
3. The Town Board hereby introduces for consideration of its adoption proposed Local
Law No. _of 2016 in the form annexed hereto.
4. The Town Board hereby schedules a Public Hearing regarding the adoption of the
annexed proposed Local Law No. 1 of 2017 for 7:30 PM on the 9th day of January, 2017 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.
5. 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, the original
completed environmental assessment form dated November 5th, 2014, the negative declaration
dated April 27, 2015 and the public hearing notice to the Dutchess County Department of
Planning and Development for advisory review in accordance with Section 239-m and 1 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:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
11/28/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK