2008-138s;
4
2008-138
Resolution Introducing Local Law No. of the Year 2008, Imposing a Temporary
Town -Wide Moratorium on Residential Development
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 April 28th,
2008.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Maureen McCarthy
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Beale.
WHEREAS, the Town of Wappinger created a Comprehensive Plan Committee to
review the Town's current Comprehensive Plan and to assist in drafting a New Comprehensive
Plan; and
WHEREAS, the Comprehensive Plan Committee prepared a draft of the New
Comprehensive Plan and held public hearings jointly with the Town Board on a draft of the New
Comprehensive Plan; and
WHEREAS, the Town Board is currently reviewing the second draft of the New
Comprehensive Plan in order to determine what additional revisions are necessary; and
WHEREAS, the majority of acreage available for potential development in the Town of
Wappinger is zoned for residential uses and only a small amount of acreage with potential for
future development is zoned for non-residential uses; and
WHEREAS, the review and approval of subdivisions containing less than five (5) lots
will not have a significant impact on the infrastructure of the Town and will not adversely impact
the implementation of the New Comprehensive Plan or the adoption of new land use regulations;
and
WHEREAS, it is necessary to preserve the status quo of Residential Development in the
Town of Wappinger pending the completion and adoption of the Town's New Comprehensive
Plan and the enactment of associated revisions and additions to the land use regulations
contained in the Town Code; and
WHEREAS, the Town Board has determined that it is in the best interest of the citizens
and property owners of the Town of Wappinger to impose a Temporary Town -wide Moratorium
on Residential Development for a period of six -months; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type II
Action not subject to environmental review pursuant to 6 N.Y.C.R.R. §617.5 (c)(30) and
pursuant to Town of Wappinger Code § 117-5 (the Town's Environmental Quality Review Law).
h
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 consideration of its adoption proposed
Local Law No. of the Year 2008 entitled "Local Law No. of the Year 2008, Imposing
a Temporary Town -Wide Moratorium on Residential Development" in the form annexed hereto.
3. The Town Board hereby schedules a Public Hearing regarding the proposed
adoption of the annexed Local Law for 7:00 P.M., on the 12th day of May 2008, to be held at
Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed
to post a Notice of Public Hearing in the form annexed hereto in the Town's official newspapers,
the Southern Dutchess News and Poughkeepsie Journal, and on the sign board maintained by the
Town Clerk in Town Hall 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 Notice of Public Hearing to the municipal clerk of each abutting
municipality not less than ten (10) days prior to said Public Hearing; and
b. To serve a copy of this resolution, the annexed proposed Local Law, and
the Notice of Public Hearing to the Dutchess County Department of
Planning and Development for advisory review in accordance with §239-
m of the General Municipal Law; and To distribute a copy of this
resolution, the annexed proposed Local Law, and the Notice of Public
Hearing to the Town of Wappinger Planning Board for its review and
recommendation prior to said public hearing, pursuant to Zoning Code
§240-112.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
4/28/2008
The Resolution is hereby duly declared adopted.
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?N C. M TERSON, TOWN CLERK