2013-0592013-59
Resolution Introducing "Local Law No. _Of the Year 2013, Amending Section 240-60.A.
of the Town of Wappinger Zoning Code"
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
28, 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 Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board has reviewed the provisions regarding "temporary housing
units" as contained in Zoning Code Section 240-60.A. and has determined that the exclusion of
mobile homes as temporary housing units is inappropriate. The definition of "temporary housing
units or Elderly Cottage Housing Opportunity (ECHO)" specifically defines such a unit as
"...separate, detached or impermanently detached, temporary dwelling unit ..." which must, by
its nature, be "mobile". Furthermore, Section 240-60.H. requires that the temporary housing unit
be removed within 90 days of the death or permanent change of residence of the original
occupant of the unit; and
WHEREAS, the Town Board hereby determines that the prohibition of a mobile home is
totally inconsistent with the stated intention and general provisions of Section 240.60 of the
Zoning Code and hereby wishes to amend Section 240-60.A.; and
WHEREAS, this is a Type II action pursuant to 6 NYCRR § 617.5 (c) (20) and is
otherwise exempt from environmental review pursuant to the New York State Environmental
Quality Review Act ("SEQRA").
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. of the Year
2013 in the form annexed hereto.
3. The Town Board determines that the enactment of the aforementioned Local Law
is a Type II action as defined in 6 NYCRR 617.5 and Chapter 117 of the Code of
the Town of Wappinger and, accordingly, the Town Board hereby expressly
determines that this action is not an action that requires review pursuant to the
provisions of the New York State Environmental Quality Review Act (SEQRA)
or pursuant to Chapter 117 of the Code of the Town of Wappinger or pursuant to
6 NYCRR Part 617.
4. The Town Board hereby schedules a Public Hearing on the proposed adoption of
Local Law No. of the Year 2013 to be held at Town Hall, 20 Middlebush
Road, Wappingers Falls, New York on the 25th day of February, 2013, 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.
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
1/28/2013
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK