2019-213
2019-213
Resolution Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240,
Zoning, Of The Town Code With Respect To The Addition Of ‘Liquid Propane Storage
Facilities’ As A New Special Permit Use In The Highway Business And Airport Industry
Zoning Districts
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 December
9, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-213
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Seconder
Defeated
Angela Bettina Voter
Tabled
Christopher Phillips Mover
Withdrawn
Michael Kuzmicz Voter
The following Resolution was introduced by Councilman Phillips and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law No. 1 of 2020 which
would amend Chapter 240, Zoning, of the Town Code with respect to the addition of ‘Liquid
Propane Storage Facilities’ as a new Special Permit Use in the Highway Business and Airport
Industry zoning districts in connection with the Downey Energy Liquid Propane Facility project (the
“Proposed Local Law” or “Proposed Action”); and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act (Article
8 of the Environmental Conservation Law, Part 617 NYCRR, commonly known as "SEQRA") the
Proposed Action also includes Special Permit and Site Development Plan Approvals from the Town
Planning Board for the Downey Energy Liquid Propane Facility project; and
WHEREAS, in accordance with SEQRA the Town Board has determined that the Proposed
Action is a Type I action; and
WHEREAS, for the purposes of SEQRA, the Town Board has recommended that the Town
Planning Board declare its intent to serve as the Lead Agency for the Proposed Action; and
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 introduces for consideration of its adoption proposed Local Law No. 1
of 2020 in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed
proposed Local Law No. 1 of 2020 for 7:00 PM on the 13th day of January, 2020 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.
4. 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, and the public
hearing notice to the Dutchess County Department of Planning and Development for
advisory review in accordance with Section 239 of the New York State 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 prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Christopher Phillips, Councilman
SECONDER: William H. Beale, Councilman
AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael
Kuzmicz
ABSENT: Angela Bettina
Dated: Wappingers Falls, New York
12/9/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK