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2011-3692011-369 Resolution Introducing Local Law _Of 2012 Which Would Amend the Town's Zoning Map for the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning District 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 November 28, 2011. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilman Beale. WHEREAS, the Town Board is considering the adoption of Local Law _ of 2012 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code for the purpose of rezoning property to the Neighborhood Business (NB) zoning districts; and WHEREAS, the property to be rezoned is part of Tax Parcel 6158-04-951382, which is located to the rear of the Villa Borghese parcel on Widmer Road (the "Subject Property"); and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is the rezoning of the Subject Property, site development plan approval for the improvement of the Subject Property as an additional parking area for Villa Borghese, and a lot line realignment to add the Subject Property to the Villa Borghese parcel; and WHEREAS, the Proposed Action is a Type I action under the Wappinger Environmental Quality Review (WEQR) law and the Town of Wappinger Planning Board has declared its intent to become the Lead Agency for the Proposed Action in accordance with SEQRA; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. 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 of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law —of 2012 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise ratified, readopted and confirmed. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law —of 2012 for 7:30 PM on the 9th day of January, 2012 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers 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 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 pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT Dated: Wappingers Falls, New York 11/28/2011 The Resolution is hereby duly declared adopted. CHRISTINE FULT , DEPUTY TOWN CLERK NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Fili (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of WAPPINGER Local Law No. of the year 2012 A local law entitled "A Local Law Ame iding the Town's Zoning Map for the Purpose of Rezoning Prol,ertv to the Neighborhood Business (NB) Zoning District." Be it enacted by the TOWN BOARD of the Town of WAPPINGER follows: as TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS -239 (Rev. 11/99) LOCAL LAW _ OF THE YEAR 2012 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title This local law shall be entitled, "A Local Law Amending the Town's. Zoning Map in for the Purpose of Rezoning Property to the Neighborhood Business (NB) Zoning District." Section 2, Legislative Intent This local law is intended to allow for the extension of the Villa Borghese parking area at the rear of the Villa Borghese parcel, which parking extension has been contemplated for many years. Section 3. Changing of Zoning District Designation of Portion of Parcel The zoning of a portion of the parcel listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number(s) part of 6158-04-951382 Owner's Name and Address Wappingers RE, LLC 605 Third Avenue New York, NY 10158 Existing Zoning District R-20 One - Family Residence New Zoning District Neighborhood Business Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger Town Code The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of part of the parcel listed in Section 3 above, as shown on the enclosed map entitled, "Exhibit A, Proposed NB Rezoning -Widmer Road," dated November 18, 2011. Section 5. Ratification, Readoation and Confirmation Except as specifically modified by the amendments contained herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time 2 to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 6. Separability The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 7. Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. J:\DOCS2\500\Wappinger\Code AmendmOlocal law villa b.dhs.doc k -I