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1979-07-09WHEREAS on July 9, 1979, the Town Board adopted a negative declaration of environmental impact with respect to the adoption of an amendment to the zoning ordinance of the town, and WHEREAS on July 9, 1979 the board adopted an amendment to the zoning ordinance, and WHEREAS notice of publication of said amendment has not been made pending a requested opinion from the Town Attorney as to procedures to be observed upon publication, and WHEREAS in so acting, provisions of the State Environ- mental Quality Review Act and Local Law No. 2 of 1977 may have been inadvertantly overlooked, and WHEREAS it is the objective of the Town Board to comply with any applicable provisions thereof prior to implementation of the said amendments to the zoning ordinance, NOW, upon the motion of seconded by .. 8 , BE IT RESOLVED that the prior resolutions and actions of the Town Board on July 9, 1979 adopting the aforesaid declaration of negative environmental impact be and is hereby rescinded, and BE IT FURTHER RESOLVED that the action of the Town Board adopting an amended zoning ordinance on July 9, 1979 be made subject to observance of those procedures set forth in the Environmental Quality Review Act and Local Law §1 of 1977 to the extent applicable and that final adoption and implementation thereof be held in abeyance until completion of consideration of said act and local law and observance thereof to the extent applicable by the Town Board, and that the Town Clerk take no steps to publish the same until further direction of the Town Board. Y -i, . 3 If f AT A REGULAR MEETING OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ON JULY 9, 1979 WHEREAS, a motion was made at a prior meeting of the Town Board of the Town of Vappinger that the zoning ordinance and zoning map be introduced and that a public hearing be held thereon, and WHEREAS, pursuant: to Section 239-m of the General Municipal Law, the proposed amendment to the map and ordinance was referred to the Dutchess County Planning Department, and WHEREAS, by letter dated the 25th day of June, 1979, the Dutchess County Planning Department has recommended disapproval of certain portions of the amendment, and WHEREAS, a motion has been made that the zoning map and ordinance be amended, NOW, THEREFORE, BE IT RESOLVED that the zoning map and zoning ordinance amendment as attached hereto be and is hereby adopted, and BE IT FURTHER RESOLVED that pursuant to the provision of General Municipal Law Section 239-m, approval to the said amendment is granted for the following reasons: 1. The disapproval expressed by the county planning agency is only addressed at commercially zoned areas. The factual premises supporting the conclusions so expressed fail to consider actual land use patterns in such areas. 2. The county planning agency has failed to consider the legitimate expectations of land owners in commercial zones that such land will continue to be used as such. 3. The fear expressed that zoning map will result in excess commercial development fails to take into consideration the operation of competitive factors that will limit commercial development to the actual demands of the market place. Commercial zones should not be so limited as to hamper the free operation of those forces. 4. The county planning agency has not recommended disapproval of the entire zoning text and map but only portions thereof. It has commented favorably with respect to other portions. As the recommendation does not address the proposed ordinance in its entirety, it is questionable whether the negative portions alone are a disapproval within the contemplation of General Municipal Law §239-m. 5. Because of the expenses associated with the adoption of zoning ordinances, adoption of the proposed and map comprehensive ordinance/and the further study of the specific disapprovals will better serve the best interests of town residents. If after study, modification is warranted, the same can be accomplished by subsequent legislation. 6. The present zoning ordinance is sixteen years old and is outdated. Further delay is not warranted in the adoption of a new comprehensive ordinance.