Loading...
2016-128 2016-128 Resolution Introducing Local Law No. 2 Of The Year 2016, "Adoption Of Zoning Provisions For Solar Energy Systems For The Town Of Wappinger." 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 March 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-2016-128 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ El Tabled William Ciccarelli Voter Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Mover Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Fenton and seconded by Councilman Beale. WHEREAS, in recent years there has been a substantial increase in the installation of Solar Energy Systems in the Town of Wappinger; and WHEREAS, there are currently no provisions in the Town of Wappinger Zoning Code to control the placement of Solar Energy Systems in the Town of Wappinger; and WHEREAS, solar energy is a renewable energy resource that can prevent fossil fuel emissions and reduce the demand for the production and transmission of electricity from large scale power plants; and WHEREAS, the installation of solar energy systems can reduce the energy bills of the property owner; and WHEREAS, the Town Board is considering the adoption of Local Law No. 2 of the Year 2016 which would create zoning provisions for the regulation of Solar Energy Systems; and WHEREAS, the Town Board has determined that the proposed action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental Quality Review Law) which establishes locally designated Type I actions; and WHEREAS, the proposed local law is an action for which there are no other involved agencies and that the Town Board is therefore by default the Lead Agency for this action. 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 adoption Local Law No. 2 of the Year 2016 in the form annexed hereto. 3. The Town Board is the only agency having approval authority for the adoption of this local law and is therefore Lead Agency for the purpose of SEQRA. 4. The Town Board determines that the enactment of the aforementioned Local Law is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Code of the Town of Wappinger (the Town's Environmental Quality Review Law) which establishes locally designated Type I actions. 5. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law No.2 of the Year 2016 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 25th day of April, 2016, at 7:30 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. 6. The Town Board further 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 and the annexed proposed Local Law to the Dutchess County Department of Planning and Development for Advisory Review in accordance with §239-m. of the General Municipal Law; and C. To serve a copy of this Resolution and the annexed proposed Local Law, and the Public Hearing Notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to §240-112 of the Zoning Code prior to said Public Hearing. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: John J. Fenton, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 3/28/2016 The Resolution is hereby duly declared Adopted. JOSSP P. PAOLONI, TOWN CLERK