2017-124 2017-124
Resolution Adopting Local Law No. 5 Of 2017 Which Would Amend Chapter 240, Zoning,
Of The Town Code By Modifying The Shopping Center (Sc) District And Changing The
Zoning Of Two Parcels To Sc
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-2017-124
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law No. 5 of 2017 which
would amend Chapter 240, Zoning, of the Town Code by modifying the Shopping Center
(SC) District and changing the zoning of two parcels to SC; 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 June 12, 2017 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, 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, on June 12, 2017 and pursuant to the State Environmental Quality Review
regulations, the Town Board hereby adopted a Negative Declaration for the reasons stated
therein, thereby finding that the proposed Local Law 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;
and
WHEREAS, 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:
"....at the Planning Board meeting held on March 6, 2017, the board voted favorably to the
rezoning of DeGarmo Plaza from Neighborhood Business to Shopping Zoning District;" and
WHEREAS, as in accordance with Section 239 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 offered comments and concluded that:
"....our Department recommends that parcels 6258-02-759569 and 6258-02-781586 not be
rezoned to Shopping Center District. We also recommend the Board not adopt the
proposed change to the Schedule of Dimensional Regulations Table.....lf the Board acts
contrary to our recommendation, the law requires that it do so by a majority plus one of the
full membership of the Board and that it notify us of the reasons for its decision;" and
WHEREAS, the Town Board has given due consideration to the comments of the Town
Planning Board and the DCDPD; 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, after due deliberation, finds that it is in the best interest of the Town to
adopt said Local Law, and the Town Board hereby adopts Local Law No. 5 of 2017, 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:
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
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