2017-158 2017-158
Resolution Introducing Local Law No. 6 Of The Year 2017, "Amendment Of Zoning
Provisions For Solar Farms"
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
September 25, 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-2017-158
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, in 2016 the Town of Wappinger adopted certain provisions in the Town of
Wappinger Zoning Code to control the placement of Solar Energy Systems in the Town of
Wappinger; and
WHEREAS, it has been found that the existing electrical transmission infrastructure is
insufficient to permit the construction of solar farms in the areas of the Town of Wappinger
where it has been permitted; and
WHEREAS, the construction of Solar Farms is an announced energy goal of the State of
New York and solar farms provide a renewable source of electric power; and
WHEREAS, the Town Board is considering amending the Town of Wappinger Zoning
Code to permit solar farms uses in the R-80 Zoning District; 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. 6 of the Year
2017 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).
5. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. 6 of the Year 2017 to be held at Town Hall, 20 Middlebush Road, Wappingers
Falls, New York on the 23rd day of October 2017, 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: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
9/25/2017
The Resolution is hereby duly declared Adopted.
JOSSP P. PAOLONI, TOWN CLERK