2017-123 2017-123
Resolution Adopting Proposed Amendment To Town Comprehensive Plan In Connection With
Degarmo Plaza
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 July 10, 2017.
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-2017-123
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q El El El❑ Tabled
William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.FentonVoter Q El El ElMichael Kuzmicz___ Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman
Beale.
WHEREAS, the Town Board is considering an amendment to the Town Comprehensive Plan for the purpose
of adding a small amount of property to the Commercial designation as a result of what was perhaps an
inadvertent omission; and
WHEREAS, the subject property is part of the DeGarmo Plaza shopping center and is known as tax
parcel 6258-02-781586 (the "Subject Property"), which is located immediately to the north and east of the lot
comprising the majority of the shopping center(tax parcel 6258-02-759569) on Myers Corners Road; and
WHEREAS, a Public Hearing on the proposed amendment to the Comprehensive Plan was duly
advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on June 12, 2017 and all parties in attendance were
permitted an opportunity to speak on behalf of or in opposition to said proposed amendment or any part
thereof; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the
Proposed Action is the rezoning of the two above mentioned tax parcels and an amendment to the Town
Comprehensive Plan regarding the Subject Property; and
WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted action pursuant
to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and
WHEREAS, the Town Board has determined that the Proposed Action 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;
and
WHEREAS, the Town Board referred the proposed amendment to the Town Planning Board for its
advisory opinion; and
WHEREAS, although the Town Planning Board recommended that the subject properties be
rezoned from the Neighborhood Business District to the Shopping Center District, the Planning Board did
not specifically respond to the Town Board's referral of the proposed amendment to the Comprehensive
Plan; and
WHEREAS, as in accordance with Section 239 of the New York State General Municipal Law, the
Town Board referred the proposed amendment to the Dutchess County Department of Planning and
Development (DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD stated that this is a "Matter of Local Concern;"
and
WHEREAS, the Town Board has given due consideration to the comments of the Town Planning
Board and the DCDPD; and
WHEREAS, said amendment 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. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts
the attached Negative Declaration for the reasons stated therein, thereby finding that the Proposed
Action will not result in any significant adverse environmental impacts, and consequently finding
that a Draft Environmental Impact Statement will not be required and that the SEQRA process is
therefore complete.
3. The Town Board, after due deliberation, finds that it is in the best interest of the Town to adopt the
proposed amendment to the Town Comprehensive Plan as shown on attached Exhibit A entitled,
"Proposed DeGarmo Plaza Amendment of Comprehensive Plan," and dated May 16, 2017, a copy of
which is attached hereto and made a part of this resolution; except as specifically modified by the
amendment contained therein, the Town Comprehensive Plan, as originally adopted and amended
from time to time thereafter, is to remain in full force and effect.
4. The Town Clerk is directed to enter said amendment to the Town Comprehensive Plan in the
minutes of this meeting into the records of the Town of Wappinger.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
7/10/2017
The Resolution is hereby duly declared Adopted.
JOS/ P P. PAOLONI, TOWN CLERK