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2013-0392013-39 Resolution Adopting Local Law No. lof 2013 Which Would Amend the Town's Zoning Map in Connection with the Hilltop Village at Wappinger Project, for the Purpose of Rezoning Property to the RMF-3 Multifamily Residence 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 January 14, 2013. 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 Michael Kuzmicz The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Bettina. WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013 which would amend the Zoning Map of Chapter 240, Zoning, of the Town Code in connection with the Hilltop Village at Wappinger project, for the purpose of rezoning property to the RMF-3 Multifamily Residence District; and WHEREAS, a Draft Environmental Impact Statement (DEIS) and a Final Environmental Impact Statement (FEIS) regarding the Hilltop Village at Wappinger project and the associated zoning changes (the "Proposed Action") have been prepared and filed in accordance with the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Town Board has adopted a Findings Statement regarding the Proposed Action, thereby completing the SEQRA process with respect to this matter; and WHEREAS, the Town Board has found that the proposed rezoning is consistent with the Town's Comprehensive Plan; and WHEREAS, the proposed Local Law has been on the desks of the members of the Town Board 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 of the Town of Wappinger hereby adopts Local Law No.l of 2013; 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. 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 MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 1/14/2013 The Resolution is hereby duly declared adopted. c~~~. CHRISTINE FULT ,TOWN CLERK LOCAL LAW OF THE YEAR 2013 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 Connection with the Hilltop Village at Wappinger Project., for the Purpose of Rezoning Property to the RMF-3 Multifamily Residence District." Section 2. Legislative Intent This local law is intended to amend the Town's Zoning Map, consistent with the Town's Comprehensive Plan, in order to allow for the development of the Hilltop Village at Wappinger project. Section 3. Changing of Zoning District Designation of Part of Parcel The zoning of part of the parcel listed below is hereby changed from the Existing Zoning Districts to the New Zoning District as shown below: Tax Parcel Owner's Name Existing Zoning New Zoning Number(s) and Address Districts District part of Contrail LLC 6257-02-630770 1906 Route 52 COP and R-40 RMF-3 Hopewell Junction, NY 12533 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappin er 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 attached map entitled, "Exhibit A, Proposed Zoning Map Changes," dated November 9, 2012. Section 5. Ratification, Readoption 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 to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. 2 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 thereof is held inapplicable had been specifically exempt therefrom. 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. Attachment: Exhibit A 3 R-20 R-40 R-20 COP Proposed Rezoning from Proposed COP to RMF-3 Rezoning from R-40 to RMF-3 R-40 LEGEND ~~ Existing Zoning District Boundary ~~ Existing Zoning District Boundary to be Removed - ^ ~ - - ~ Proposed Zoning District Boundary Proposed Rezoning from R-40 to RMF-3 R-40 .• ,~ -•...• PROPOSED ZONING MAP CHANGES N In Connection Wlth Hilltop Village at Wappinger Town of Wappinger, NY FREDERICK P. CLARK ASSOCIATES, INC. Exhibit PLANNING, TRANSPORUTION, ENVIRONMENT AND DEVELOPMENT RYE, NEW YORK FAIRFlEID, CONNECTICUT Scale in Fsst soo o eoo 11 /9/12