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Accessory Apartments
To: Town Board From: Planning Board Subject: Proposed amendment to Section 2 -53, Accessory Apartments The planning board does not support the proposeildifferidririefillor changing the current accessory apartment zoning law. Although expanding housing opportunities for the older population is a noble goal, we should not take away the dreams of the people who brought their home (their little piece of heaven) in a single-family resident zone. By letting the accessory apartments remain after the family situation changes is creating a multi -family zoning district in a single-family zoning district. The Town Board should also consider the current residents that are now living in the district. We believe that over time the neighborhood will be converted little by little to a multi- family district. If the Town Board is still inclined to approve this amendment, we request you considered the following: 1. The age for two people living in the accessory apartment should be 55 or older or one of the two should be 65 or older. 2. The number of people living in the accessory apartment should limited to two. 3. An accessory apartment should be part of the main building 4. If serviced by a community sewer and water system the benefit units should be increased to two. The accessory apartment should only be allowed if the community sewer and water has the capacity. 5. If the house where an accessory apartment is changes ownership the accessory apartment is no longer legal. The house cannot be sold has a legal mother/daughter house. 6. The owner of the house should be a town resident for 5 or over years. 7. The accessory apartment shall be smaller than principal dwelling. 8. FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 0580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM David H. Sto!man, MCP, PP Michael A. Galante Joanne P. Meder, MCP David J. Portman, FAICP To: Supervisor Christopher Colsey and the Wappinger Town Board Date: April 9, 2008 Subject: Proposed Amendment ornn Law Rear g ccessory Apartments zeic, At your request, we have prepared the attached following documents for your review: 1. Draft Local Law (one clean copy and one double underlined/strikeout copy). 2. Draft Resolution of Introduction. 3. Public Hearing Notice. 4. Environmental Assessment Form (Parts 1 and 2). 5. Draft Resolution of Adoption and attached Negative Declaration. I look forward to discussing the attached documents with you. Attachments cc: Graham Foster George A. Kolb, Jr. Tatiana Lukianoff David H. Stolman, AICP, PP President Chris Masterson Robert J. Gray, PE Albert P. Roberts, Esq. jAdoes21500\wappinger\code amendmts\accessory apts 08 cover.dhs.doc Connecticut Hudson Valley (203) 255-3100 (845) 297-6056 (516) 364-4544 Long Island emailafpclark.com www.fpclark.com NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 2008 A local law entitled "Local Law # of 2008, amending Section 240-53, Accessory Apartments, of the Zoning Law." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: 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 2008 A Local Law entitled "Local Law # of 2008, amending Section 240-53, Accessory Apartments, of the Zoning Law." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2008, amending Section 240-53, Accessory Apartments, of the Zoning Law." Section 2: Legislative Intent The intent of the proposed Local Law is to expand housing opportunities for the older population. Section 3: Zoning Amendments Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger and the older population in general. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one -family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. 2 (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at Ieast one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property. Notwithstanding the above, if said relative vacates the dwelling unit, the accessory apartment may be continued if one of the dwelling units on the property is occupied by a person who is fifty-five years or older, with or without up to two other persons. (3) Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 3 5% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. Principal use. The principal use of the premises must be that of a detached one -family dwelling. (7) (8) Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. 3 (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises is serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter; C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in § 240-53B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Clear and convincing proof of a family relationship or age requirement, if applicable, as stipulated in § 240-53B(2). 4 E. Certificate of occupancy. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit, certification and/or other acceptable proof from the owner of the apartment verifying the continued existence of the family relationship or age requirement stipulated by § 240-53B(2). In the event that the inspection determines that the apartment is no longer in compliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year, provided that the owner -applicant complies with the terms of this chapter. In the event of noncompliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in § 240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this chapter. The new owner -applicant shall submit an application as authorized by this chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in § 240-53B(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in § 240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance, provided that the owner establishes compliance with the family relationship or age requirement stipulated by § 240-53B(2). The owner -applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship or age requirement stipulated by this chapter. In the event that the new owner -applicant cannot establish the family relationship or age requirement stipulated by this chapter, the 5 owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53H of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. (3) Section 4. 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. 6 Section 5: 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 6: 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:IDOCS2\5001WappingeACode Amendmtslaccessory apts LL 08 clean.dhs.doc 7 LOCAL LAW # OF THE YEAR 2008 A Local Law entitled "Local Law # of 2008, amending Section 240-53, Accessory Apartments, of the Zoning Law." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2008, amending Section 240-53, Accessory Apartments, of the Zoning Law." Section 2: Legislative Intent The intent of the proposed Local Law is to expand housing opportunities for the older population. Section 3: Zoning Amendments Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger ulati n in r I. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one -family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property. Notwithstanding the o i ai 1 a a artm may he continue+ if one of the dwellin units on the r without u erg e 0 t Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. Principal use. The principal use of the premises must be that of a detached one -family dwelling. Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible the exterior appearance of the building will remain that of a one -family residence. 2 (11) Utilities. Unless the premises is serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in § 240-53B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Clear and convincing proof of a family relationship or age requirement, if applicable, as stipulated in § 240-53B(2). E. Certificate of occupancy. Upon certification by the Zoning Administrator that the applicant has complied with all conditions of this chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an 3 affidavit. and/or certification d/or er acceptable roof from the owner of the apartment verifying the continued existence of the family relationship or age by § 240-53B(2). In the event that the inspection determines that the apartment is no longer in compliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year, provided that the owner -applicant complies with the terms of this chapter. In the event of noncompliance with this chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in § 240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this chapter. The new owner -applicant shall submit an application as authorized by this chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in § 240-53B(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in § 240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 64 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance, provided that the owner establishes compliance with the family relationship o a • e requirement stipulated required by § 240-53B(2). The owner -applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship or a e requirement. stipulataas required by this chapter. In the event that the new owner - applicant cannot establish the family relationship or , • - requirement stipulated required by this chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the 4 accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53QF of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53HG of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. (3) Section 4. 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. Section 5: 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 5 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 6: 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\5001Wappingei\Code Amendmts\accessory apts 4-1-08.dhs.doc_ev 6 4/9/08 DRAFT RESOLUTION NO. 2008- TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION INTRODUCING LOCAL LAW NO. OF 2008 AMENDING SECTION 240-53, ACCESSORY APARTMENTS, OF THE ZONING LAW 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 the day of 2008 at 7:00 P.M. The meeting was called to order by Supervisor Christopher Colsey, and upon roll being called, the following were: PRESENT: Supervisor CHRISTOPHER COLSEY Councilpersons - WILLIAM H. BEALE VINCENT F. BETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI ABSENT: The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined Section 240-53, Accessory Apartments, of the Zoning Law should be amended (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. Resolution of Introduction Amendments to Section 240-53, Accessory Apartments, of the Zoning Law NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2008 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. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing(s) on the proposed amendments to the Zoning Law. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2008 for PM on the day of , 2008 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 Zoning 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. 2 of 3 Resolution of Introduction Amendments to Section 240-53, Accessory Apartments, of the Zoning Law The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CHRISTOPHER COLSEY voting WILLIAM H. BEALE voting VINCENT F. BETTINA voting MAUREEN MCCARTHY voting JOSEPH P. PAOLONI voting The resolution is hereby duly declared adopted. Dated: , 2008 Wappingers Falls, New York CHRIS MASTERSON Town Clerk Town of Wappinger j:ldocs21500`wappingerlcode amendmts\accessory apts 08 into pm.dhs.doc 3 of3 NOTICE OF PUBLIC HEARING AMENDMENT OF 1'HE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2008, at PM at the Town Hall, 20 Middlebush Road, Wappingers Fall, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend Section 240-53, Accessory Apartments, of' the Zoning Law. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER CHRIS MASTERSON Town Clerk Town of Wappinger j:ldocs215001wappingerlcode amendmtslaccessory apts 08 hearing.dhs.doc SEQR State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formai knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for thls protect: 1t Part 1 ■ Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: • A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared_ ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* 0 C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending Section 240-53, Accessory Apartments, of the Zoning Law Name of Action Town of Wappinger Town Board Name of Lead Agency Christopher Colsev Print or Type Name of Responsible Officer in Lead Agenc, Signature of Responsible Officer in Lead Agency Supervisor Title Qf }(IeOfficer Signature of Preparer (if different from responsible officer). April 9, 2008 Date 1 PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and soecifv each instance. NAME OF ACTION Local Law Amending Section 240-53, Accessory Apartments, of the Zoning Law LOCATION OF ACTION (include Street Address, Municipality and County) - Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR Town of Wappinger Town Board BUSINESS TELEPHONE (845) 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO Wappingers STATE ZIP CODE - N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHQNE ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: Local Law Amending Section 240-53, Accessory Apartments, of the Zoning Law. Please Complete Each Question - Indicate N.A. if not applicable A. Site Description — N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: 0 Urban ❑Industrial 0 Commercial 0 Residential (suburban) 0 Rural (non farm) 0 Forest 0 Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) 2 4. Are there bedrock outcroppings on the project site? 0 Yes 0 No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: 0 0-10% % 0 10-15% % ❑ 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes 0 No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal or sole source aquifer? 0 Yes 0 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes 0 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ❑ No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological fon-nations) ❑ Yes ❑ No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes ❑ No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes 0 No a. If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No b. If yes, will improvements be necessary to allow connection? 0 Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? 0 Yes 0 No 19..is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes ❑ No B. Project Description — N.A. EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed % f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? 0 Yes 0 No 0 N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 0 Yes 0 No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ❑ Yes 0 No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes 0 No Explain 15. Is projector any portion of project located in a 100 year flood plain? 0 Yes 0 No 16. Will the project generate solid waste? 0 Yes ❑ No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? 0 Yes ❑ No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? 0 Yes 0 No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ■No If yes, explain ❑ No tons/month. years. ❑ Yes ❑ No 4 25. Approvals Required: Town Board •Yes ❑ No City, Town, Village Planning Board ❑ Yes •No City, Town, Zoning Board ❑ Yes ■ No City, County Health Department ❑ Yes ■ No Other Local Agencies 0 Yes •No Other Regional Agencies ❑Yes •No State Agencies 0 Yes ■ No Federal Agencies © Yes •No Submittal Type Date Amendments to Zoning Law Advisory Recommendation Only C. Zoning and Planning Information - N.A. EXCEPT FOR #1 1. Does proposed action involve a planning or zoning decision? • Yes 0 No If yes, indicate decision required: ■zoning amendment 0 zoning variance 0 special use permit 0 subdivision 0 site plan ❑new/revision of master plan 0 resource management plan Oother 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑No 7. What are the predominant land use(s) and zoning classification within a 114 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 114 mile? ❑Yes 0 No 9. If the proposed action is the subdivision of land, how many Tots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ❑No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0 Yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? DI Yes ❑No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification - SEE ATTACHMENT I certify that the information provided above is true to the best of my knowledge. Applica or Name Town of Waoainoer Town Board Date April 9, 2008 Signature . Title President David H. Stolman, AICP, PP Frederick P. Clark Associates, Inc. 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. • Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that It be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are Illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. if a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? • NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general scopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ■NO © YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ ❑❑ ❑ ❑ ❑❑❑ ❑ ❑ DYES ❑ NO ❑ OYES ❑ NO 0 OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 OYES ❑ NO 0 OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 6 IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ENO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body, of water? ■ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? ■ NO 0 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from welts with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface Water runoff? ENO O YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑❑❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑❑ ❑❑ ❑ ❑❑❑ ❑❑ ❑❑❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑❑ ❑❑ ❑ ❑❑❑ El DYES 0 NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES D NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO ❑YES ❑ NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES 0 NO DYES D NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO 7 IMPACT ON AIR 7. Will proposed action affect air quality? ENO 0 YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ENO 0 YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other Impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ENO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? • NO ❑ YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 1 Small to Moderate Impact 13 0 13 0 0 ❑ ❑ ❑ 0 0 2 Potential Large Impact ❑ ❑ ❑ ❑ ❑ CI O ❑ ❑ ❑ 3 Can Impact Be Mitigated By Protect Change OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO O YES ❑ NO OYES ❑ NO OYES ❑ NO O YES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO 8 IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ■ NO ❑ YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO D YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or Future open spaces or recreational opportunities? Examples that would apply to column 2 ENO 0 YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space Important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision S NYCRR 617.14(g)? ENO ❑ YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Cart Impact Be Mitigated By Project Change CI 0 ❑ 0 0 ❑ 0 0 0 ❑ ❑ ❑ DYES ONO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO DYES 0 NO OYES ❑ NO OYES D NO DYES ❑ NO OYES ❑ NO OYES ❑ NO DYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO 9 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ■NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? ENO 0 YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■ NO ❑ YES Exam pies that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ■ NO ❑ YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing0❑ YEcommunity? Examples that would apply to column 2 ■NN • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will Increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services e.g. schools, police and.fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑❑❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑ ❑ ❑❑❑ 0 OYES ❑ NO 0 OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 OYES Q NO 0 OYES ❑ NO ❑ DYES D NO ❑ OYES ❑ NO 0 OYES ❑ NO 0 DYES ❑ NO 0 OYES D NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 DYES ❑ NO ❑ DYES ❑ NO 0 DYES ❑ NO ❑ OYES ❑ NO ❑ OYES D NO 0 OYES ❑ NO n OYES ❑ NO 0 OYES ❑ NO 0 OYES ❑ NO 0 OYES ❑ NO 0 OYES D NO 0 OYES ❑ NO 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ■NO 0 YES j:ldocs215001wappingeAcodc amendmts\accessory apts 08 eatdtis.doc 11 4/9/08 DRAFT RESOLUTION NO. 2008- TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL LAW NO. OF 2008 AMENDING SECTION 240-53, ACCESSORY APARTMENTS, OF i'HE ZONING LAW 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 the day of 2008 at 7:00 P.M. The meeting was called to order by Supervisor Christopher Colsey, and upon roll being called, the following were: PRESENT: Supervisor Councilpersons AB SENT: CHRISTOPHER COLSEY WILLIAM H. BEALE VINCENT F. BETTINA MAUREEN MCCARTHY JOSEPH P. PAOLONI The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined Section 240-53, Accessory Apartments, of the Zoning Law should be amended (the "Proposed Action"); and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality Review Law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action. Resolution of Adoption Amendments to Section 240-53, Accessory Apartments, of the Zoning Law NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: I. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. Pursuant to the State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant adverse environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2008; 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CHRISTOPHER COLSEY voting WILLIAM H. BEALE voting VINCENT F. BE`ITINA voting MAUREEN MCCARTHY voting JOSEPH P. PAOLONI voting The resolution is hereby duly declared adopted. Dated: , 2008 Wappinger, New York Attachment: Negative Declaration CHRIS MASTERSON Town Clerk Town of Wappinger j:Idocs215001wappinger\code a mendmtslaccessory apts 08 adopt prn.dhs.doc 2 of 2 SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Date: , 2008 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Section 240-53, Accessory Apartments, of the Zoning Law SEQR Status: Type I Conditioned Negative Declaration: No Description of Action: Local Law Amending Section 240-53, Accessory Apartments, of the Zoning Law. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: All of the proposed amendments to the Wappinger Town Code involve a modification of standards intended to benefit the environment rather than to adversely impact the environment. Lead Agency: Town of Wappinger Town Board Town Hail, 20 Middlebush Road Wappingers Falls, New York 12590 For Further Information: Contact Person: Christopher Colsey, Town Supervisor Address: Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 Telephone Number. (845) 297-2744 Filing and Publication: This notice of a Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this notice of a Negative Declaration shall be emailed to enbOaw.dec.state.ny for publication in the Environmental Notice Bulletin. j:ldocs215001wappingerlcode amendmtstiacc essoryr apts 08 neg dec.dhs.doc 6/6/05 (DRAFT) RESOLUTION NO. 2005- TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL LAW No. OF 2005 — AMENDMENTS TO THE TOWN CODE, SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW, ACCESSORY APARTMENTS 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 the 13th day of June, 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor JOSEPH RUGGIERO Councilmembers ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY ABSENT: The following resolution was moved by Councilmember and seconded by Councilmember WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all Amendment to the Town Code — Section 240-53, Accessory Apartments Resolution of Adoption of Local Law those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; 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. Pursuant .to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will continue to ensure that residential character is maintained in the residential zoning districts in which accessory apartments are permitted. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting MAUREEN McCARTHY voting The resolution is hereby duly declared adopted. Dated: , 2005 Wappinger, New York GLORIA MORSE Town Clerk Town of Wappinger Attachment: (Negative Declaration) sadocumentsldocs215001wappingerlaccessory aptslaccapts.locallaw.pmadopt.lkb.doc 2 of 2 SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: June 13, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger — Section 240-53, Accessory Apartments. SEQR Status: Type I Unlisted X Conditioned Negative Declaration: Yes X No Description of Action : The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will continue to ensure that residential character is maintained in the residential zoning districts in which accessory apartments are permitted. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 sMocuments\docs215001wappingerlaccessory aptslaccapts.negdec.form.lkb.doc GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTl JOAN F. GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. Mac NISH KEVIN T. McDERMOTT JAY B. RENFRO RAYMOND D. SPROWLS *ADMITTED TO PRACTICE INNY&FLA. **ADMITTED TO PRACTICE INNY&CONK. TO: VERGILIS, STENGER, ROBERTS & PARTNERS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-maiL VSRP@BestWeb.net MEMO George Kolb, Building Inspector Tatiana Lukianoff, Zoning Administrator Mark Liebermann, Fire Inspector CC: Hon. Joseph Ruggiero, Supervisor FROM: Albert P. Roberts DATE: April 29, 2005 LEGAL ASSISTANT: AMY E.DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 5 HOFFMANROAD PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS Via facsimile: 297-0579 Via facsimile: 297-0579 Via facsimile: 297-0579 Re: Local Law: Code Amendments of Accessory Apait rents File No. 12951.0653 Attached hereto please find the latest revisions to Accessory Apartments Local Law incorporating all of our collective concerns. After discussion with Dave Stolman, we have determined that it is not necessary to have a separate entrance to the accessory apartments. However, if one was proposed, the entrance must be consistent with a single family dwelling. Please review and if we are all in agreement, I will place this on the next available Town Board Agenda. I am simultaneously sending a copy to Joe. Ruggiero for his advance review. O:1Wappinger\Town Board\LOCAL LAW\Accessory Apts1042905-distribution memo .doc § 240-5. ACCESSORY APARTMENT --- A dwelling unit which is incidental and subordinate to and located within a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apaitinent is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother- in-law of an occupant of the other dwelling unit on the property. Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) (8) Principal use. The principal use of the premises must be that of a detached one -family dwelling. Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in 2 Section 240-53.B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every two years in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The Zoning Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-53(B)(2). In the event that the inspection determines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of compliance, once issued, shall be valid for a period of two years provided that the owner -applicant complies with the terms of this Chapter. In the event of non-compliance with this Chapter, the certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apaiinient pursuant to this Chapter. The new owner -applicant shall submit an application as authorized by this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this Chapter, the 3 owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of compliance provided that the owner establishes compliance with the family relationship required by §240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner - applicant cannot establish the family relationship required by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. (3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. 4 § 240-97. Use 1-family and 2-family dwellings Minimum Number of Off -Street Parking Spaces 2 for each dwelling unit, plus 2 for any accessory apartment (associated with a 1-family dwelling) Schedule of Use Regulations — Residential Districts Uses R-80 R-40/80 R 40 R-20140 R-20 R-15 R-10 R-2F RMF-3 RMF-5 PA PA2 PA2 Accessory apailalents (§ 240-53) 2 Permitted only in connection with a one -family dwelling unit. Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP AI PI PUD Accessory PA apaftiuents § (240-53) sadocurnentsldocs215001wappingerlaccessory aptslfinal.lkb revisions to apr draft 4_29 05.accept.lkb.doc 5 GERALD A. VERGILiS* KENNETH M. STENGER ALBERT P. ROBERTS LOUTS J. VIGLOTTI JOAN F. GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MacNISH KEVIN T. McDERMOTT JAY B. RENFRO ANGEL I. FALCON ANTHONY M. DEFAZIO 'ADMITTED TD PRACTICE INNY&FLA. "ADMITTED TO PRACTICE IN NY & CONN. VERGILIS, STENGER, ROBERTS & PARTNERS, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: infoovsrp.com September 12, 2005 Via Facsimile (297-0579) and Regular Mail Tatiana A. Lukianoff, Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 George Kolb, Building Inspector Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Accessory Apartment Checklist Our File No 12951.0762 Dear Tanya and George: The Accessory Apartment Checklist is acceptable as to form. LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 NEWBURGH OFFICE 299 N. PLANK ROAD, SUITE 106 NEWBURGH, NY 12550 (845) 567-3783 ADDRESS REPLY TO: ( ) POUGHKEEPSIE () WAPPINGERS With respect to the. Declaration of Covenants, it would be my recommendation that I review same prior to recording. The way the Town Code is drafted, the Declaration is an integral part of the accessory apartment process. The purpose of the Declaration is to ensure that single family properties do not become multi -family properties, except in the circumstances enumerated in the Accessory Apartment Law. Rather than faxing me a copy of the Declaration to approve, perhaps we can just make arrangements for me to review various documents when I'm at Town Hall. Invariably, I am at Town Hall four out of five days. REC SUPER' O-: TOWN OF Tatiana A. Lukianoff, Zoning Administrator George Kolb, Building Inspector September 12, 2005 Page Two Please advise your thoughts. Very truly yours, VERGILIS, STENGER, ROBERTS & PARTNERS, LLP ALBERT K ROBERTS APR/kc cc: Hon. Joseph Ruggiero, Supervisor Section 1. The definition for "Accessory Apartment" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT A dwelling unit which is incidental and subordinate to and located within a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. Section 2. Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother- in-law of an occupant of the other dwelling unit on the property. (3) Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) ! 47) (8) (9) Access. Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. Principal use. The principal use of the premises must be that of a detached one -family dwelling. Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. Deleted: 1f C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator eear in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of compliance. The Zoning Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-53(B)(2). In the event that the inspection deterrnines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of compliance, once issued, shall be valid for a period of s_provided that the owner -applicant complies with the terms of this Ll,Jac4--- Chapter. In the event of non-compliance with this Chapter, the certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this Chapter. The new owner -applicant shall submit an application as authorized by 3 this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of compliance provided that the owner establishes compliance with the family relationship required by §240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner - applicant cannot establish the family relationship required by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of rkL compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. , (2) pThe new owner of the premises' s , a --to, a ply to the Zorttng ,,, k, Administrator for a transfer of the\tertificate of complance to continue the accessory apartment within 30 days of Closing_and-traficfer of title. (3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. 4 (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. Section 3. Section 240-97 of the Town Code shall be amended to read as follows: § 240-97. Use Minimum Number of Off -Street Parking Spaces 1 1-family and 2-family 2 for each dweIIing unit, plu4 for any accessory dwellings apartment (associated with a 1-family dwelling) Section 4. The Schedule of Use Regulations for Residential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts R-80 R-40/80 R-40 R-20/40 R-20 R-15 RMF-3 Uses R-10 R-2F RMF-5 Accessory apartments (§ 240-53) PA PA2 PA2 2 Permitted only in connection with a one -family dwelling unit. Section 5. The Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP AI PI PUD Accessory apartments § (240-53) PA sadocumentsldocs215001wappingec\accessory aptsltinal.lkb revisions to apr draft_4_29 05.clean.lkb.doc 6/6/05 (DRAFT) RESOLUTION NO. 2005- Q �S 6 TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL LAW No. OF 2005 — AMENDMENTS TO THE TOWN CODE, SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW, ACCESSORY APARTMENTS 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 the 13th day of June, 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor JOSEPH RUGGIERO Councilmembers - ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI MAUREEN McCARTHY ABSENT: The following resolution was moved by Councilmember and seconded by Councilmember WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, a duly advertised public hearing was held on June 13, 2005 at the Wappinger Town Hall, 20 Middlebush Road, Wappingers Falls, New York at which time all Amendment to the Town Code — Section 240-53, Accessory Apartments Resolution of Adoption of Local Law those wishing to be heard were given the opportunity to be heard and the hearing was closed on that date; 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. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will continue to ensure that residential character is maintained inthe residential zoning districts in which accessory apartments are permitted. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2005; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting MAUREEN McCARTHY voting The resolution is hereby duly declared adopted. Dated: , 2005 Wappinger, New York JOHN C. MASTERSON Town Clerk Town of Wappinger Attachment: (Negative Declaration) s:ldocumentsldocs215001wappinger1accessory aptslaccapts.locallaw.prnadoptlkb.doc 2 of 2 L SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: June 13, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger — Section 240-53, Accessory Apartments. SEQR Status: Type I Unlisted X Conditioned Negative Declaration: Yes X No Description of Action : The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not result in any significant environmental impacts as no construction will occur as a direct result of the amendments and the amendments will continue to ensure that residential character is maintained in the residential zoning districts in which accessory apartments are permitted. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 s:ldocumentsldocs215001wappinger\accessory aptslaccapts.negdec.form.lkb.doc NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 20 05 A local law (Insert Title) entitled "Local Law # of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: 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 'IfiF YEAR 2005 A Local Law entitled "Local Law #_ of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments ." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments." Section 2: Legislative Intent The purpose of the proposed Local Law is to amend Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apartments. The most significant proposed change to the existing regulations is that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector. Other more substantive changes include: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking_ In addition to the changes described above, there are a number of other changes which mainly consist of reorganization and clarification of existing regulations and policies. The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts. Section 3: The definition for "Accessory Apartment" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located within a permitted one family dwelling or within a detached accessory garage or barn on the same lot. Section-4: Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character_ of the one- family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards_ Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as histher primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter,brother, sister, grandparent, grandchild, father-in-law or mother- in-law of an occupant of the other dwelling unit on the property. Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. Maximum size_ An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. Minimum size_ The, minimum gross floor area for an accessory apartment shall be 300 square feet. Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. Principal use. The principal use of the premises must be that of a detached one -family dwelling. Setbacks. If the accessory -apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. 3 (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code_ The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. (13) Parking. Off-street parking shall -be provided in accordance with Article X of this chapter. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance D. Application. An application for an. accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information: A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (b) (1) (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections_ Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-53(B)(2)_ In the event that the inspection determines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year provided that the owner -applicant complies with the terms of this Chapter. In the event of non- compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate . of compliance for theaccessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to This Chapter. The new owner -applicant shall submit an application as authorized by this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the useof the accessory apartment as authorized by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance provided that the owner (3) 5 establishes compliance with the family relationship- required by §240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner -applicant cannot establish the family relationship required by this Chapter, the owner -applicant shall Have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the -transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. Section 5: Section 240-97 of the Town Code shall be amended to read as follows: (3) § 240-97. Use 1-family and 2-family dwellings Minimum Number of Off -Street Parking Spaces 2 for each dwelling unit, plus 1 for any accessory apartment (associated with a 1-family dwelling) Section 6: The Schedule of Use Regulations for Residential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts Uses R-80 R 40/80 R 40 R-20/40 R 20 R-15 R-10 R 2F RMF-3 RMF-5 Accessory apartments (§ 240-53) PA PA2 PA2 _ 2 Permitted only in connection with a one -family dwelling unit. Section 7: The Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Nonresidential Districts Uses BB MU HM NI Accessory apartments § (240-53) PA GB CC SC HO HD COP Al PI PUD Section 8. 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. Section 9: 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, inapplicable d i such person � n or circumstance to which the Local Law or part hereof is held pp specifically exempt there from. Section 10: 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. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of (Name of Legislative Body) was duly passed by the on 2005, in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of - 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (EIective Chief Executive 2005, Officer'`) and was deemed duly adopted on in accordance with the applicable provisions of law. 3. (Final adoption by referendum). designated as local law No. I hereby certify that the local law annexed . hereto, si das (Village) of of 2005 of the (County) (City) (Town) dative was duly passed by the (Name of Legislative 8 Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was submitted to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2005, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certifythat the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 2005, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No_ of 2005 of the City of having been submitted to -referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2005, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as locate of New al law No_ of 2005 of the County of York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county asa unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. 9 If any other authorized form of final adoption has been followed, please provide an appropriate certification). 1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality)_ STATE OF NEW YORK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City of Town Village Date: s:ldocuments1docs215001wappingerlaccessory aptslacc_apts.pll-lkb.doc 10 14-16-2(9/95)-7c SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer, Frequently, there are aspects of a project that are subjective or unmeasurable_ It is also understood that those who determine significance may have little o.r no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance_ The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action_ --F-ull-EAFComponents: The full EAF s comprised -of three -parts: Part 1: Provides objective data and information about a given project and its site, By identifying basic project data, .it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: • Part 1 • Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: ❑ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. • B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending Section 240-53 of the Town of Wappinger Town Code with Respect to Accessory Apartments Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency responsible officer) Supervisor Title of Responsible Officer David H. Stolman, AICP, PP Signature of Preparer (if different from May 17, 2005 Date PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3_ It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Local Law Amending Section 240.53 of the Town of Wappinger Town Code with Respect to Accessory Apartments LOCATION OF ACTION (include Street Address, Municilrality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR Town of Wappinger Town Board ADDRESS Town Hall, 20 Middlebush Road, P. O. Box .324 CITY/PO Wappinger NAME OF OWNER (if different) ADDRESS CITY/PO DESCRIPTION OF ACTION: ** SEE ATTACHMENT** BUSINESS TELEPHONE (845) 297-2744 STATE ZIP CODE N _Y_ 12590-0324 BUSINESS TELEPHONE ( ) STATE ZIP CODE Please Complete Each Question - Indicate NA_ if not applicable A. Site Description " " NOT APPLICABLE - SEE ATTACHMENT ** Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: 0 Urban ❑industrial 0 Commercial 0 Residential (suburban) 0 Rural (non -farm) ❑ Forest ❑ Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres Forested acres Agricultural (includes orchards, cropland, pasture, etc.) acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres Roads, Buildings and Other Paved Surfaces acres Other (Indicate type) acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) acres acres acres acres acres acres . acres acres 4. Are there bedrock outcroppings on the project site? 0 Yes 0 No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: 0 0-10% % ❑ 10-15% % 0 15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes 0 No 8. What is the depth of the water table? (in feet) 9. Is site located over aprimary, principal or sole source aquifer? 0 Yes 0 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the -project area? 0 Yes 0 No 11. Does project site contain any species of plant or animal Iife that is identified as threatened or endangered? 0 Yes 0 No According to -... Identify each -species 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations) ❑ Yes 0 No Describe 13. is the project site presently used by the community or neighborhood as an open space or recreation area? 0 Yes 0 No If yes, explain 14. Does the present site include scenic views known to be important to the communal'? ❑ Yes ❑ No 15_ Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (in acres) 17. Is the site served by .existing public utilities? 0 Yes 0 No - a. If Yes, does sufficient capacity exist to allow connection? 0 Yes ❑ No b. if yes, will improvements be necessary to allow connection? 0 Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 AA Section 303 and 304? 0 Yes 0 No 19_ Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes 0 No B. Project Description "" NOT APPLICABLE, EXCEPT #24 AND #25 - SEE ATTACHMENT"" 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled byproject sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres_ d_ Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h_ If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially - ultimately - i. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. length. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? _ ton/cubic yards 3. Will disturbed areas be reclaimed? 0 Yes 0 No 0 N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? 0Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11 _ Will project require relocation of any projects or facilities? 0 Yes 0 No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? 0 Yes 0 No Type 14: Will surface area of an existing water body increase or decrease by proposal? 0 Yes ❑ No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes 0 No 16_ Will the project generate solid waste? ❑ Yes 0 No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes ❑ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes 0 No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? 0 Yes 0 No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20_ Will project produce operating noise exceeding the local ambient noise levels? 0 Yes 0 No 21. Will project result in an increase in energy use? ❑ Yes 0 No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity _ _ gallons/minute. 23. Total anticipated water usage per day gallons/day. 24_ Does project involve Local, State or Federal funding? ❑ Yes ■No If yes, explain 25. Approvals Required: Town Board ■Yes ❑ No - Submittal Type Date Local Law Amending Section 240-53 of the Town of Wappinger Town Code with Respect to Accessory Apartments City, Town, Village Planning Board 0 Yes ■No City, Town, Zoning Board ❑ Yes •No City, County Health Department 0 Yes •No Other Local Agencies 0 Yes •No Other Regional Agencies ❑Yes ■ No State Agencies 0 Yes •No Federal Agencies 0 Yes >No C. Zoning and Planning information 1. Does proposed action involve a planning or zoning decision? • Yes 0 No if yes, indicate decision required: •zoning amendment 0 zoning variance 0 special use permit 0 subdivision 0 site plan ❑new/revision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? N.A. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N.A. 4. What is the proposed zoning of the site? N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ■Yes ❑ No 7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action? N.A. ■Yes ❑ No 8. Is the proposed action compatible with adjoining/surrounding land uses within a 114 mile? 9. lithe proposed action is the subdivision of land, how many lots are proposed? N.A. a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes •No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes •No a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12_ Will the proposed action result in the generation of traffic significantly above(present levels? 0 Yes •No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details SEE ATTACHMENT Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification 1 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Town of Wapoinger Town Board Date May 17, 2005 Signature Title President - Frederick P. Clark Associates, Inc David H. Stolman, AICP, PP Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. • Identify that an impact will be potentially large (column 2) does not mean that 11 is also necessarily significant_ Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that .it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. •In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. if impact will occur but threshold is lower than example, check column 1. d_ If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3_ IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ■NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 • foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles_ • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface_ • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (Le., rock or soil) per year. • Construction or expansion ofa sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land Corms found on . the site? (i.e., cliffs, dunes, geological formations, etc_) •NO 0 YES • Specific land forms: 1 Small to Moderate impact 0 ❑ ❑ 0 . ❑ 0 9 0 2 Potential Large Impact ❑ ❑ 3 Can Impact Be Mitigated By Project Change OYES ❑ NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Linder Articles 15,24,25 of the Environmental Conservation Law, ECL) UNO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland . • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ■ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? •NO 0 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greaterthan 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ■NO _ ❑ YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change 0 0 0 ❑ 0 0 ❑ ❑ 0 0 ❑ 0 0 0 0 0 ❑. 0 0 ❑ ❑ OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES. 0 NO OYES ❑ NO IMPACT ON AIR 7. Will proposed action affect air quality? • NO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 Ibs_ per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8_ Will Proposed Action affect any threatened or endangered species? •NO ❑ YES Examples that would apply to column 2 • Reduction of one or more species Listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? •NO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation_ IMPACT ON AGRICULTURAL LAND RESOURCES • 10. Will the Proposed Action affect agricultural land resources'? • NO ❑ YES Examples that would apply to column 2 • The proposed action would sever, cross or limitaccess to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land_ The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change 0 0 OYES ❑ NO 0 0 OYES ❑ NO 0 0 OYES ❑ NO 0 ❑ OYES ❑ NO _... 0 _OYES _-LI NO _ ... ❑ ❑ OYES ❑ NO O 0 OYES 0 NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO 0 ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES . ❑ NO 0 ❑ -OYES ❑ NO ❑ 0 OYES ❑ NO IMPACT ON AESTHETIC RESOURCES 11_ Will proposed action affect aesthetic resources? ENO Cl YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B_) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO ❑ YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? ENO ❑YES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant NO t toYES subdivision 6 NYCRR 617.14(g)? List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 0 Cl ❑ ❑ ❑ 2 Potential Large Impact CI CI 0 0 0 CI CI 0 3 Can impact Be Mitigated By Project Change OYES ONO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES 0 NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES 0 NO IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ❑YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel;NO or ❑ YES energy supply? Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality_ ▪ Proposed -Action -will require -the -creation car -extension -of -an -energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17_ Will there be objectionable odors, noise, or vibration as a O result0 YES of the Proposed Action? Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility_ • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen_ • Other impacts: IMPACT ON PUBLIC HEALTH 18_ Will Proposed Action affect public health and safety? ■ NO ❑YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e_ oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission_ • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTEROF COMMUNITY OR NEIGHBORHOOD 19_ Will Proposed Action affect the character of the existing community?NO 0YE Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community_ • Development will create a demand for additional community services (e.g. schools, police and fire, etc_)_ • Proposed Action will set an important precedent for future projects_ • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate Impact 2 Potential Large impact 3 Can Impact Be Mitigated By Project Chan•e ❑ 0 OYES ❑ NO ❑ 0 OYES ONO ❑ 0 OYES ❑ NO O 0 OYES ❑ NO ❑ 0 OYES ❑ NO O 0 OYES ❑ NO O 0 OYES ❑ NO O 0 OYES ❑ NO ❑ 0 OYES. . ❑ NO O 0 OYES ❑ NO O ❑ OYES ❑ NO O ❑ OYES ❑ NO O ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO D ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES 0 NO O ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES. ❑ NO 0 0 OYES 0 NO OYES ❑ NO ❑ 0 DYES ❑ NO 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ■NO ❑ YES J:IDOCS25001WappingerlAccessory AptslAssessoryApts_EAF.euk.doc ATTACHMENT FULL ENVIRONMENTAL ASSESSMENT FORM LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS ADDENDUM TO PART 1 OF EAF Part 1.A - Site Description The Proposed Action involves the adoption of a Local Law amending Section 240-53 of the Town's Zoning Law with Respect to Accessory Apartments. The Proposed Action does not directly involve site -specific construction or development activity. Part 1.B - Project Description The Proposed Action does not directly involve site -specific construction or development activity. As a result, Part LB of this EAF is not applicable, except as noted therein with respect to Questions #24 and #25. Part 1.D - Informational Details The purpose of the proposed Local Law is to amend Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apartments. The most significant proposed change to the existing regulations is that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector. Other more substantive changes include: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, aliorae occupation, or aprofessional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. In addition to the changes described above, there are a number of other changes which mainly consist of reorganization and clarification of existing regulations and policies The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts_ 12 ADDENDUM TO PART 2 OF EAF The proposed local law is not expected to result in any significant adverse impacts on the environment. More specifically: The Proposed Action will not directly result in any physical changes to any properties. The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA). • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms. • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected. • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water. • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity. ▪ The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, orsurface water runoff. • The Proposed Action will not have a significant adverse environmental impact on air quality- • The Proposed Action will not have a significant adverse environmental impact on any non -threatened or non -endangered species. • The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species. • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources. • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources. 13 • The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance. • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities. • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. ▪ The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply. • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration. • The Proposed Action will not have a significant adverse environmental impact on the public health and safety. • The Proposed Action will not have a significant adverse environmental impact on the character of the existing community. sADocuments\Docs215001wappingerkAccessaryy aoc 14 FREDERICK P. CLARK ASSOCIATES, INC. Planning/DevelopmentlEnvironment/Transportafion Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM To: Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Davidif, Stillman, AICP, PP Michael A. Galante Joanne P_ Meder, AICP Daniel K Wery, AICP DavidJ. Portman, FAICP Date: May 17, 2005 Subject: Proposed Amendment to the Town Code, Section 240-53 of the Zoning Law with Respect to Accessory Apartments As requested, we have prepared the following materials in connection with the above - captioned matter for your review and use: 1. Redline/ Strikeout Version of Amendments 2. Draft Local Law in Local Law Format 3. Draft Resolution of Introduction 4_ Public Hearing Notice 5 _ EAF and EAF Attachment The proposed Local Law is an Unlisted Action in accordance with SEQR_ As such, there are no other involved agencies and no coordination of Lead Agency is possible or required. As with all proposed amendments to the Zoning Law, and in accordance with Section 240-112, the draft amendments must be referred to the Planning Board for its report thereon, prior to the public hearing required by the Town Law. We will follow this email up with a hard copy version of the documents for the Town's records. The Town Supervisor should sign the first page of the hard copy of the EAF in the space provided therefor. Lawrence K. Bice Associate/Planning Attachments cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator George Kolb, Building Inspector Section 1. The definition for "Accessory Apartment" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located within the same building as a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. Section 2. Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one family character of the one - family residence districts of the Town of Wappinger without the ovcrutibzatron of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards To a special pertt and the -grog of site plan approval by the Planning Bed shall be surest to the following -requirements in addition to the approval of -Article IX herein : (1) Minimum lot area: not applicable The minimum lot area shall be 20,000 square feet. (2) Required aoccupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/hers primary residence. Further, aAn occupant of at least one of the dwelling units on the property premises - shall be the father, mother, son,. ef-daughter (including legally adopted), brother, sister, grandparent or --grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property premeses. A ent to the ENumber of accessory apartments. 4n1 one accessory apartment shall be permitted on any lot. (c)Maximum Size. An accessory apartment shall be subordinate in area to the principal dwelling thfee-per-50ns. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) (3) Principal fuse. (13) The principal use of the premises must be that of a detached one - family dwelling. structure. (8) Setbacks. If the accessory apartment is within a detached accessory buildin said buildin must meet the re aired setbacks for the rinci al building on the lot_ (9) Access. (a) In the event that an accessory apartmmnthat of tis he wionth an externally located entrance separate ily dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the 2 entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance_ If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence_ 9t het including the exterior appeaa neea�of one family dwellings;der of ether nn eint -emistflg- v gh ihccd reic. LJLce ..v via... 3 E4X{111Uti].ities. Unless If the premises are net serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building special permit, certificate of occupancy and/or certificate of compliance_ {-5)(12)Maintenance and continued compliance_ An accessory apartment shall be permitted only where all structures on the premises are in a rcasartable state of rcpai and modernization and where all structures and in compliance with the Uniform Code and Zoning Code_ The Building Inspector shall inspect the premises and shall -rep condition of structures on to the Planning Be-aM not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town. Code, if any, have been .corrected. No permit sbal-1 be granted 13 Parking. Off-street parking shall be provided in accordance with the Article X of this chapter. properties. 3 C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. 0 of the building in which it is located.. spaces shah be- .�., urJ et gspa front yard_ (3) Access. ether dwelling unit in -the building - access to each dwelling unit inside the single common front entrance_ be at the rear of the building- D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information - - - - - •• (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with h an ssi�ent of s aces to theproposed dwelhn units includin es (2) Plans shall be prepared in sufficient size and detail to enable the Build g Inspector to determine compliance with the requirements foraccessory apartment. 4 (3) Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E_ Certificate of occupancy. Upon certification by the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. the property owner shall apply to the Planning Board for a renewal of the special permit and shall prc (2) Term of permit. time the owner applicant must appear before the Planning Board and permit shall be valid for a period not to exceed tree years, the exact applicant shall request the Building Inspector to renew the pennit o 5 aPafuvnr�- PP Y F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may, require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-5381(2). In the event that the inspection determines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year provided that the owner -applicant complies with the terms of this Chapter. In the event of non- compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuingaccesso a artments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate te rminate. e A newor owner-acate of pplicant compliance for the accessory apartment shall may apply for permission to maintain an accessory apartment pursuant to this Chapter. The new owner -applicant shall submit an application as authorized by this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure s �zed by this Chapter, is not otherwise the e to continue the use of the accessory apartment owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance provided that the owner establishes compliance with the family relationship required by §240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner -applicant cannot establish the famil relaiionshi 6- required by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit I. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions file on the This declaration shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the sDr;ivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator Planning Board for a transfer gal: of the certificate of compliance upecial permit m accordance with § 240-53F(D)(1)(b) of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator Planning Board for a transfer renewal of the certificate of occupancy and/or certificate of compliance special perms to continue the accessory apartment within 30 days of closing and transfer of title. (3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with 240-53G of the Town of Wappinger Zoning Law In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. As a condition for permission to maintain an accessory apartment, Tthe Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner.. Section 3. Section 240-97 of the Town Code shall be amended to read as follows: (4-3) § 240-97. Use Minimum Number of Off -Street Parking Spaces 7 1-family and 2-family 2 for each dwelling unit, plus 1 for any accessory dwellings apartment (associated with a 1-family dwelling) Section 4. The Schedule of Use Regulations for Residential Districts and the Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts Uses Accessory apartments (§ 240-53) R-80 R 40180 R-40 R 20140 R 20 R-15 R10 PA R-2F PA2 RMF-3 RMF-5 PA2 2 Permitted only in connection with a one -family dwelling unit. Schedule of Use Regulations — Nonresidential Districts NB GB C Uses HB MU BM a Accessory artments § (240-53) SgU PA C SC HO BD s_ldocamerds1does215001wappingerlaccessory apts\final'•lkb revisions to apr draft 4 29_05.redline.lkb.doc COP AI PI PUD 8 NOTICE OF PUBLIC HEARING AMENDMENT OF 'T'liE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the 27th day of June 2005, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend Section 240- 53 of the Town of Wappinger Zoning Law, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against .accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: May 23, 2005 BY ORDER OF '1Hh. TOWN BOARD OF THE TOWN OF WAPPING Gloria Morse Town Clerk - s:(documentsrdocs2t5001wappingerVofe amendmenfslphwaive subreg.phnikb.doc PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie, New York 12601 845-471-7898 845-471-0905 (FAX) February 25, 2005 Frederick P. Clark Associates 350 Theodore Fremd Avenue Rye, New York 10580 Attention: David H. Stolman, AICP, PP Reference: Accessory Apartments Amendments Dear David: I have reviewed the Draft Accessory Apartment Amendments sent to me dated February 18th, 2005. We advise that they appear appropriate from an engineering perspective. If you have any questions, please do not hesitate to contact this office. Very truly yours, €- Josep E. Paggi, Jr., JEP:Iaw cc: Hon. Joseph Ruggiero Albert P. Roberts, Esq. Tatiana Lukianoff George Kolb Mark Lieberman Marro, Cavialia. Esq. Joseph E. Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr, PE. (DRAFT) RESOLUTION NO. 2003- Q(if 7 TOWN OF WAPPINGER TOWN BOARD 3/6/03 RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW No. OF 2003 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 the day of 2003 at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - JOSEPH RUGGIERO Councilpersons - ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY ABSENT: The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apai tiuents (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursnnnt to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2003 for 7:15 PM on the day of , 2003 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. 2 of 3 Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. Dated: , 2003 Wappingers Falls, New York GLORIA MORSE Town Clerk Town of Wappinger j:\docs215001wappingerizone amendmentslacc apt.shed.prnintrolkb.doc 3of3 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (91-4) 967=6540— FAX (914) 967-6615 MEMORANDUM David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, ACCP Daniel K. Wery, AICP David J. Portman, FAICP To: Honorable Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Date: March 6, 2003 Subject: Proposed Amendments to the Town Code, Section 240-53, Accessory Apartments -- Elimination of Minimum Age of Building Requirement At your request, in connection with the above captioned matter, we have prepared and attached for your review the following: 1. Draft Local Law (one clean copy, and one redline/strikeout copy); 2. Draft Resolution of Introduction; 3. Public Hearing Notice; 4. Environmental Assessment Form (parts 1 and 2); and 5. Draft Resolution of Adoption and attached Negative Declaration. Daniel K. Wery AICP Vice-President/Planning Lawrence K. Bice Associate/Planning Attachments cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator Gloria Morse, Town Clerk j:ldocs215001wappingerizone amendments)ace__agt.shed.pll.phn.cov.1kb.doc Connecticut Hudson Valley Long Island (203) 255-3100 (845) 297-6056 (516) 364-4544 email@fpclark.com www.fpdark.com NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 20 03 A local law (Insert Title) entitled "Local Law # of 2003, amending the Town Code Section 240-53, Accessory Apartments." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: 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 2003 A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240- 53, Accessory Apartments." —BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending the Town Code, Section 240-53, Accessory Apartments." Section 2: Legislative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board fmds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is Iocated. (2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. 2 (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. . Section 5: 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 6: 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:Idocs215001wappingerizone amendmentslacc_aptshed.locallaw.lkb.doc 3 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the Town of Wappinger was duly passed by the - __ on 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective Chief Executive. Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above. (Seal) Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body GLORIA MORSE, TOWN CLERK, Date: ,2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing Iocal law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village Date: j.ldocs21500\wappingerlwap3-005.ikb.doc_ev 2003 [Note: For Informational Use Only. The locations of amendments are identified with a vertical line in the right hand margin. Additions to existing I text are shown in double underline. Deletions are shown in -strikeout.] TOWN OF WAPPINGER LOCAL LAW # OF THE YEAR 2003 A Local Law entitled "Local Law #_ of 2003, amending the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #_ of 2003, amending Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." Section 2: Le!islative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, . of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Age of structure. The building in which the accessary apartment is -.str cted shallbe „t least In no case shall the .TZJIii. YTj�mum nge fth structure be r cee try y tha th 11IIIRI�LF�L�T1'7'�C�y��iC�Q+�.0 G�CrCCGGQ CCJ 1VJil L111.LfA 4ii; vv JJvuM aim lot area for the district in which it i located. (2)(1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (}(2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (4)fal Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. Section 5: 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 6: 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_ldocs215001wappingerizone atnendmentslacc_apt.sheds.pzr.ikb.doc 3/6/03 (DRAFT) RESOLUTION NO. 2003- TOWN OF WAPPINGER TOWN BOARD RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW No. OF 2003 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 the day of 2003 at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - Councilpersons ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappmger hereby introduces for consideration of its adoption proposed Local Law No. of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2003 for 7:15 PM on the day of , 2003 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. 2 of 3 Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. Dated: , 2003 Wappingers Falls, New York GLORIA MORSE Town Clerk Town of Wappinger j:ldocs215001wappingerizone amendmentslacc aptshed.pmintrolkb.doc 3 of 3 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2003, at PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise Section 240-53, Accessory Apartments to eliminate the minimum age of building requirement for accessory apartments. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type 1 actions). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: j:ldocs21500\wappingerizone amendments\acc apt.shed.phn.lkb.doc 1 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 14-16-2(9/95)-7c SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In additions many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to. provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on •identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially Large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: • Part 1 • Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: • A_ The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. 0 B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Supervisor ATitl of Responsible Officer Signature of Prepal er (ififferent fr March 6, 2003 Date responsible officer) 1 PRAT 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or -investigation. If information requiring such additional work rs unavailable, so indicate and specify each instance. NAME OF Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement LOCATION OF.ACTION (include Street Address, Municipality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Wappinger Town Board (845) 297-2744 ADDRESS . Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO STATE ZIP CODE Wappingers N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE *N.A. ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments. - Please Complete Each Question - Indicate N.A. if not applicable A. Site Description — N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: 0 Urban ❑Industrial 0 Commercial 0 Residential (suburban) 0 Rural (non -farm) 0 Forest 0 Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres .Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) *N.A. — Not Applicable 2 4. Are there bedrock outcroppings on thr. ,project site? 0 Yes 0 No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: 0 0-10% % 0 10-15% % 0 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes ❑ No 8. What is the depth of the water table? (in feet) 9. Is site located overa primary, principal or sole source aquifer? 0 Yes 0 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes 0 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 0 Yes 0 No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) 0 Yes 0 No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 0 Yes 0 No if yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ❑No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes 0 No a. If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No b. If yes, will improvements be necessary to allow connection? 0 Yes 0 No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? 0 Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes ❑ No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes ❑ No B. Project Description — N.A., EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. if residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. rock, _ nth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? ❑ Yes 0 No 0 N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes ❑ No 6. If single phased project: Anticipated period of construction --months; (including demolition). 7. If multi -phased: a Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction ; after, project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 0 Yes 0 No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? 0 Yes 0 No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes 0 No Explain 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes ❑ No 16. Will the project generate solid waste? ❑ Yes 0 No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes 0 No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life'? years. 18. Will project use herbicides or pesticides? ❑ Yes 0 No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? 0 Yes 0 No 21. Will project result in an increase in energy use? 0 Yes 0 No if yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? 0 Yes ■No if yes, explain 25. Approvals Required: Town Board Yes 0 No City, Town, Village Planning Board 0 Yes •No City, Town, Zoning Board 0 Yes •No City, County Health Department ❑ Yes •No Other Local Agencies 0 Yes •No Other Regional Agencies ❑Yes ■Na State Agencies Federal Agencies ❑ Yes ■ No ❑ Yes ■No Type Submittal Date Amendment to Town Code - Chapter 240. Zoning Advisory Recommendations Only On Amendment C. Zoning and Planning Information - N.A., EXCEPT FOR #1 1. Does proposed action involve a planning or zoning decision? • Yes 0 No If yes, indicate decision required: ■zoning amendment ❑ zoning variance 0 special use permit ❑ subdivision 0 site plan Mew/revision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 Yes ❑No 7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ❑Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ❑No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0 Yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes ❑No a. If yes, is the existing road network adequate to handle the additional traffic? DYes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification - SEE ATTACHMENT 1 certify that the information provided above is true to the best of my knowledge. Applicant!S . ' nsor Name Town of Wappinger Town Board Date March 6, 2003 Signature 6' C Title Vice President/Planning Danie K. Wery, AIC , Consultant he Town Frederick P. Clark Associates, Inc. 5 Part 2-PROJECT IMPACTS AND THL_..; MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. •In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ■ NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) •NO 0 YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change Q 0 OYES ❑ NO ❑ o OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 DYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO 0 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO 6 IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ■ NO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material -from -channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ENO 0 YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity'? ENO 0 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? • NO 0 YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑_NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO o ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 DYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 DYES ❑ NO 0 0 OYES ❑ NO ❑ 0 OYES ❑ NO 0 ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ DYES ❑ NO 0 ❑ ❑YES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ . OYES ❑ NO 7 IMPACT ON AIR 7. Will proposed action affect air quality? ENO ❑ YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the inciner tian_of more.than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS B. Will Proposed Action affect any threatened or endangered species? ENO ❑ YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? •NO Cl YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation_ IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■ NO 0 YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change 0 0 OYES D NO ❑ ❑ OYES..... ❑ NO ❑ 0 OYES D NO ❑ 0 OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑.NO ❑ ❑ OYES D NO D ❑ OYES ❑ NO 0 0 OYES ❑ NO ❑ © OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO 0 0 DYES ❑ NO 8 IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ■NO CJ YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource, • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ■NO 0 YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site fisted on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 • NO 0 YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? !ENO 0 YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑❑❑❑ ❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑II ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑ ❑❑❑❑ ❑ OYES ONO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES 0 NO DYES ❑ NO DYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO AYES ❑ NO OYES ❑ NO OYES 0 NO 9 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ■ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: - IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? ■NO ❑ YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■ NO 0 YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ■ NO ❑ YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of, hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the exitting community? MONO 0 YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate Impact 2 Potential Large - impact 3 Can Impact Be Mitigated By Project Change i ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO 0 DYES ❑ NO ❑ OYES ❑ NO 0 OYES ❑ NO 0 OYES ONO ❑ - OYES ❑ NO ❑ OYES 0 NO ❑ OYES ❑ NO 0 OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 OYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO O OYES ❑ NO ❑ OYES ❑ NO ❑ DYES ❑ NO D DYES ❑ NO ❑ OYES ❑ NO o OYES ❑ NO 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? •NO 0 YES j:ldocs215001wappingerizone amendmentslacc_apt.eaf.lkb.doc 11 316/03 (DRAFT) RESOLUTION TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL- -LAB- --No. OF 2003 - AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS 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 the day of . 2003 .at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor Councilpersons ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments (the "Proposed Action"); and WHEREAS, eliminating the age of building requirement would enable more houses to qualify for accessory apartments, namely those houses less than 5 years of age, and in some cases less than 3 years of age, for which accessory apaitiuents are not permitted under the existing minimum age of building requirement; and WHEREAS, eliminating the minimum age of building restriction will therefore allow for more accessory apartments to be built in the Town, which is in keeping with the ongoing commitment of the Town to encourage the provision of affordable housing options for Town residents; and Amendment to the Town Code - Accessory Apartments Resolution of Adoption WHEREAS, all other regulations and standards governing accessory apartments will remain in effect and continue to ensure that such dwelling units do not adversely impact the character of the residential neighborhoods in which they are located; and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this 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. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. 2 of 3 Amendment to the Town Code - Accessory Apartments Resolution of Adoption Dated: , 2003 Wappinger, New York GLORIA MORSE Town Clerk Town of Wappinger Attachment: (Negative Declaration) j:ldocs215001wappingerizone amendmentslacc_apt.shed.pmadopt_lkb.doc 3 of 3 SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger. SEQR Status: Type I X Unlisted Conditioned Negative Declaration: Yes X No Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments. Location: Town of Wappinger, Dutchess County /.a SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not have a significant adverse impact on the environment. Eliminating the age of building requirement would enable more houses to qualify_ for accessory apartments, namely those houses less than 5 years of age, and in some cases less than 3 years of age, for which accessory apartments are not permitted under the existing minimum age of building requirement. Eliminating the minimum age of building restriction will therefore allow for more accessory apartments to be built in the Town, which is in keeping with the ongoing commitment of the Town to encourage the provision of affordable housing options for Town residents. All other regulations and standards governing accessory apartments will remain in effect and continue to ensure that such dwelling units do not adversely impact the character of the residential neighborhoods in which they are located_ Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 Filing and Publication: This notice of a Type I. Negative Declaration shall be filed with: a. Supervisor of the Town of Wappinger b. Town of Wappinger Town Board Further, this Notice of a Type 1 Negative Declaration shall be emailed to enb@gw.dec.state.ny for publication in the Environmental Notice Bulletin. j:ldocs2\5001wappinger\zone amendmentslacc_apt_negdec.form.lkb_doc TOWN OF W P NGER ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-1373 Date: August 26, 2004 To: Town Board Town of Wappinger P.O. Box 324 Wappinger Falls, N.Y. 12590 Attn: Hon. Joseph Ruggiero, Supervisor Re: Accessory Apartments SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH F. PAOLONI ROBERT L. VALDATI RECEIVED Ni6 3 0 2004 SUPERVISOR'S OFFICE TOWN OF WAPPINGEF At the Zoning Board of Appeals meeting that was held on August 24, 2004 the board has requested that a letter be forwarded to the Town Board expressing their views on the subject of accessory apartments. "The ZBA believes that the accessory apartment regulations should be made to be more restrictive rather than less restrictive. The problem with accessory apartments today is that there is a lack of enforcement of the current regulations. The installing of illegal apartments and the continual use of an accessory apartment after the original situation no longer exists are the two areas that need enforcement. The Zoning Administrator states that she does not have the time or help to enforce these regulations, thus changing the regulation to less restrictive will not change this. We should not allow a one family zoning district to slowly become a multiple family zoning district by easing the rules. We should respect the people who bought in a one family district and already live in the area. Although we have to be a little compassionate, only in extreme circumstances should we allow an accessory apartment and it should be difficult to obtain. We feel that we should not increase the number of bedrooms or the number of off- street parking spaces permitted in front of a principle building. The ZBA would also like to include that the owner that is applying for the accessory apartment own and reside in the home for at least (5) years and that the use be revoked when the house is sold. The intent of this additional condition is to help the residents of the town and not to let the town become a magnet that will attract new residents because of our lenient accessory apartment regulations. The ZBA would be glad to participate in any future discussion that the Town Board will be conducting." Siiere1y, .(„Me. rbara Roberti Secretary, Zoning Board of Appeals Cc: HOTI. Robert Valdati Hon. Maureen McCarthy Hon. Vincent Bettina Hon. Joseph P. Paoloni TOWN OF W PINGER SUPERVISOR JOSEPH RUGGIERO To: Al Roberts Dan Wery SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Memo From: Joseph Ruggiero, Supervisor Date: June 4, 2004 Re: Accessory Apartment Local Law TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI Please draft a resolution amending the Accessory Apartment Local Law. Please contact Building Inspector George Kolb for the proposed revisions to remove the Planning Board from the process, and to develop a standard form for the convenance of restriction. This will be placed on the June 14th agenda of the Town Board. If you have any questions, please feel free to contact me. Thank you for your help in this matter. i1.4frpa-p ( Redline/ Strikeout Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent_ A special permit may be granted by the Planning Board to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger_ Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one -family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards. To help achieve these goals and promote the objectives of the Town Comprehensive Plan, the issuance of a special permit and the granting of site plan accessory apartments shall be subject to the following requirements in addition to the general special permit standards of nrtiele-V-41 ant the requirements „ f site_, _approval of a rticle rY herei (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at Least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) No more than one accessory apartment shall be permitted on any lot. (e) An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment. (3) Use. (a) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. (b) The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure. (4) Access. {a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (4)(5) (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building, Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a spec�rmit certificate of occupancy. (5)(6) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building structures on the premises to the Planning Board. No pennit certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected. A1I conditions of the special permit requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector. a) (7)(8) Parking_ Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front yard setback.The t.. atip of n ch ki„ nd dr sha] be b y the properties. Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed dwellings, the number of other accessory apartments existing in the ,.,a the ,s rking nditie s i., the r ghborhoed The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. C. Modi e. i 3ents. c Planning Roar# sha have the power t.. m difrry--the following requirements, provided that said Board finds that such modifications .....,cs of this chapter. [Amended 9 21 2001 by L.L. No. 5 2001; 4 1 d 2003 by L.L. No. 4 2003] (1) Occupancy. The minimum gross floor area for an accessory apartment shall-b;-300 square feet but in no case shall it exceed 35°4=f the gross (2) Location of parking. No more than two off street parking spaces shall be Permuted din hunt of +c yr he principal"lbuilmz g Ne parking shati tea ire the front yard. (3) Access. An accessory apa ncnt shall have access which is separate-frem the other dwelling unit in the building. nt) u th dwelling ,nits sh It t b allowed s t e front efthe �U v�yL[ V uv vv.�.� uav is uric vi wav access to each dwelling unit inside the single common front entrance_ n t de --and ire creeper f r e-a ,,rtmein shall be at the rear of the building. D. Procedural requirements_ In addition to the above requirements, the special permit for an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) (b) The owner -applicant shall present to the Planning Board Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms, All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Nanning Building Inspector to understand and decide upon the acceptability of the proposal certify that the requirements pertaining to an accessory apartment have been met. The special permit Certificates of occupancy for accessory apartments shall be are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the special permit and the certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety (90) days of the change of ownership the property owner shall apply to the Planning Board Building Inspector for a renewal of the special pest and shall provide the Planning Beard Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein_ Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have one -hundred and twenty (120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. (2) Term of permit_ (a) The initial permit certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must appeaf before the PIanning Board apply to the Building Inspector and request for a renewal of such permit. Subsequent thereto, the Special permit certificate of occupancy shall be valid for a period not to exceed three years_, the exact term to be determined by the Planning Board upon its issuance of a renewal special permit. At the end of such period, the owner -applicant shall request the Building Inspector to renew the permit certificate of occupancy or the owner -applicant shall notify the Building Inspector of the owner -applicant's intent to discontinue the permit occupancy in accordance with the applicable time periods established in § 240- 53D(1)(b) above. The Building Inspector shall renew the permitcertificate of occupancy if alI conditions of the original permit are still satisfied; otherwise, the Building Inspector shall not renew the permitcertificate of occupancy and the time periods established in § 240-53D(1)(b) for discontinuing the accessory apai talent shall apply. (b) The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [1] Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the heard Building Inspector for a renewal of the special permitcertificate of occupancy in accordance with § 240-53D(1)(b) of the Town of Wappinger Zoning Law. [2] The new owner of the premises shall have to apply to the Planning Board Building Inspector for a renewal of the special permit certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner. (3) Public hearing notification. (b) days immediately preceding the public hearing er an adjourned date thereof. Subject to rebuttal, the filing by the applicant reciting the facts of such posting shall be deemed sufficient proof of compliance herewith, The posting of signs on subject property shall be made in the [1] The applicant shall erect on the affected property a sign which must be obtained from the Building Inspector's office which shall be prominently displayed on the premises facing each public street, maximum spacing of 200 feet on center, on which the affected property -abuts, set back not more than 10 feet from the property line, and shall not be less than two feet nor more than six feet above the grade of the property line, giving conspicuous notice that the application for special permit for temporary two family dwelling is pending and the date, time and place when the [2] An affidavit of posting of the public notice together with a copy to be filed not later than '18 hours prior to the public hearing on the petition, stating that identical posters, not more than 200 feet apart, have been conspieueusly posted along the street frontage at lest 10 days prior to the date set for the public hearing, j_ldocs215001wappingerizone amendmentslaccessory apts bldg deptlsection 240-53.redline.lkb.doc Clean Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards. To help achieve these goals and promote the objectives of the Town Comprehensive Plan, accessory apartments shall be subject to the following requirements (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) No more than one accessory apartment shall be permitted on any lot. (c) An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment_ (3) Use. (a) (b) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure. (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (5) (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance_ (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a certificate of occupancy_ (6) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. No certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected_ All requirements for accessory apartments must be complied with and shall be subject to inspection by the Building inspector. (7) Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front yard setback. (8) The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. C. Procedural requirements. In addition to the above requirements, an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) The owner -applicant shall present to the Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Building Inspector to certify that the requirements pertaining to an accessory apartment have been met (b) Certificates of occupancy for accessory apartments are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety (90) days of the change of ownership the property owner shall apply to the Building Inspector for a renewal and shall provide the Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein. Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apaitoient, the owner shall have one -hundred and twenty (120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. (2) Term of permit. (a) The initial certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must apply to the Building Inspector for a renewal Subsequent thereto, certificate of occupancy shall be valid for a period not to exceed three years. At the end of such period, the owner -applicant shall request the Building Inspector to renew the certificate of occupancy or the owner -applicant shall notify the Building Inspector of the owner - applicant's intent to discontinue occupancy in accordance with the applicable time periods established in § 240-53D(1)(b) above. The Building Inspector shall renew the certificate of occupancy if all conditions of the original are still satisfied; otherwise, the Building (b) Inspector shall not renew the certificate of occupancy and the time periods established in § 240-53D(1)(b) for discontinuing the accessory apartment shall apply. The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Cleric's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector for a renewal of the certificate of occupancy in accordance with § 240-53D(1)(b) of the Town of Wappinger Zoning Law. [21 The new owner of the premises shall have to apply to the Building Inspector for a renewal of the certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner. j_ldocs215001wappingerizone arnendmentslaccessory apts bldg deptlsection 240-53_accept21kb.doc j:Idocs215001wappingerizone amendmentslaccessory apts bldg deptlaccess_apts.nonres.useschedule.redline,lkb.doc 4 4 0 0 b Schedule of Use Regulations — Nonresidential Districts (uotsuan inoD lDh1S iaNflUEx) s21500\wappinger1zone amendmentslaccessory apts bldg deptlaccess_apts.res.useschedule,redline.lkb doc I Accessory Apartments (§ 240-53) CD CA CA �--t`.�obo00 7,00000 1r PI Fey 0 [h W Schedule of Use Regulations — Residential Districts (wOIs 1A ,1no3)iuus / M rrn nI) GERALD A. VERGILIS* KENNETH M. STENGER ALBERT P. ROBERTS LOUIS J. VIGLOTTI JOAN F. GARRETT** THOMAS R. DAVIS EMANUEL F. SARIS KAREN P. MACNISH KEVIN T. McDERMOTT STEVEN K. PATTERSON JAY B. RENFRO *ADMITTED TO PRACTICE IN NY & FLA. **ADMITTED TO PRACTICE INNY&CONN. July 8, 2004 VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS, NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 e-mail: VSRP@BestWeb.net Tatiana Lukianoff, Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 George Kolb, Building Inspector Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Accessory Apartments File No. 12951.0762 Dear Tatiana and George: OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANT: AMY E. DECARLO POUGHKEEPSIE OFFICE 276 MAIN MALL POUGHKEEPSIE, NY 12601 (845) 452-1046 PINE PLAINS OFFICE 2990 CHURCH ST. P.O. BOX 21 PINE PLAINS, NY 12567 (518) 398-9857 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS ( ) PINE PLAINS I am enclosing two forms of Declaration of Covenants and Restrictions for Accessory Apartments, one of which is for new construction. Please advise any comments or suggestions. These Declarations have been prepared in blank and clearly marked "Draft". These documents should unquestionably he prepared by the Applicant's attorney so that the Applicant fully understands the implications of the document. Under no circumstances do I recommend that anyone from your office fill out a blank document for the Applicant and have it notarized. The document should be recorded in the County Clerk's Office after review and approval by me prior to the issuance of a Building Permit and/or Certificate of Occupancy. 11Vsrp031Common\WappingerlTown BoardlAccessory Apts1070704-TLgk.doc Very ly ours, VER!, r , STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP P. ROBERTS APR/bg cc: Hon. Joseph Ruggiero, Supervisor Joseph E. Paggi, Jr., P.E. Daniel K. Wery, AICP 11Vsrp031Common\Wappinger\Town Board'Accessory Apts1070704-TLgk.doc Final 7/8/ Existing Residence DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTION the day of , 2004 by jtvpe in name/n hereinafter referred to as "DECLARANT", in favor of the T WITNESS WHEREAS; DECL the ow to be improved, by a resid Town of Way 9 Dut E:,'�; �T - Stat - u : ork� `$ a"chpremises .•:n ore about particul de a part hereof; and f ermit to be issued by the Planet d r' 6 T n authorize the construction and/or maint such file a d ondition to the issuance of a Certificate of Occupancy for artment, §240-53 provides that the owner/ applicant shall be required to aration of Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. 2. Restrictions. [1] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 of the Town of Wappinger Zoning Code, and the Special Permit issued to applicant/ property owner shall run to the benefit of the owners herein and said Special Permit shall not run with the land. It is expressly understood that the accessory apartment shall only be used by the class of persons identified in Zoning Code §240-53 and subject to the conditions set forth therein. \\Vsrp031Comrnon\Wappinger\Town BoardlAccessory Apts \ Declaration - Accessary Apts.doc Final 7/8/, - Existing Residence [2] Death. Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Planning Board for a renewal of the special permit in accor 53D(1)(b) of the Town of Wappinger Zoning Code. [3] Renewal. The new owner of the Planning Board for a renewal of the special perm [4] Inspectio the premises upon reasonabl s, restrictions and agreemen s 'r ""r , pr :' _ gs '.a or equity against any person or person ' g a °; ' above -described covenants, restrictions and agre o n o %s recover for damages, together with interest, costs and real : y s, in an amount to be fixed by the court having jurisdiction thereof. [1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, this DECLARATION has been executed as of the date and year above written. (type in name) , Declarant (type in name) , Declarant 11Vsrp031CommonMappingerlTown Board\Accessory ApislDeclaration - Accessory Apis.doc Final ' '4 — Existing Residence ACKNOWLEDGEMENTS STATE OF NEW YORK COUNTY OF DUTCHESS On , 2004, before me, the undersign known to me or proved to me on the basis evt' ` '7.c . to be the individual whose name is subscribed to the wi ' ',' ins z'.' d acknow € n; d to me that he executed the same in his capacity, and his st ` on a ins Viz; t, the individual, or the person upon behalf of whic a} .;ka'vid instrument. STATE 0 CO ) ss: me, the undersigned, personally appeared e o oved to me on the basis of satisfactory evidence to be the in' e s subscribed to the within instrument and acknowledged to me that . e e in her capacity, and that by her signature on the instrumidual, or the person upon behalf of which the individual acted, execute•:•'rent. Notary Public 11VarpO31Conunon\WappingerlTown BoardlAccessory Apts\Dectaration - Accessory Apts.doc Final 7/&-New Construction DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTIO the day of , 2004 by e in name/n hereinafter referred to as "DECLARANT", in favor of the. T WITNESS WHEREAS, DEC the o about to be improved, by a resid Town of W particul copy of Planni Dut ch premises .?has,. ore de a part hereof (attach quir-'s a Special Permit to be issued by the er to authorize the construction and/or main : �.. ' ` ccit:;,�: apartment; and AS, DECLARANT is a residential home builder and has contracted with Home B ,`type in name of Home Buyer) , to construct a residential structure with an accessory apartment constructed for the purposes of providing separate living quarters to a living relative consistent with §240-53 of the Town of Wappinger Zoning Code; and WHEREAS, as a precondition to the issuance of a Certificate of Occupancy for such accessory apartment, §240-53 provides that the owner/ applicant shall be required to file a Declaration of Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. 11Vsrp031CommonlWappinger\Town Board\Accessory Apts\Declaration - Accessory Apts NEW CONS TRUCTION.doc Final '4 — New Construction 2. Restrictions. [1] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 of the Town of Wappinger Zoning Code the Special Permit issued to applicant/ property owner shall run to the ben owners herein and said Special Permit shall not run with the understood that the accessory apartment shall only b ed by identified in Zoning Code §240-53 and subject to [2] Death. Upo undersigned or upon the tr longer occ apply toth 53D(1)(b) e undersign e new owner all accordance with §240- f the premises shall have to apply to the Planning ='s" :,. ne' f th cial permit to continue the accessory apartment. tion. The Building Inspector shall have the right to inspect the pre reasonable notice to the owner. Enforcement. [1] Procedure. Enforcement of any of the covenants, restrictions and agreements contained herein shall be by proceedings at law or equity against any person or persons violating or attempting to violate the above -described covenants, restrictions and agreements, either to restrain or to recover for damages, together with interest, costs and reasonable attomey's fees, in an amount to be fixed by the court having jurisdiction thereof. 4. Invalidation. [1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. 5. Home Buyer (Contract Vendee). [1] The Home Buyer (Contract Vendee) of the premises, (type in name of Home Buyer). and (type in name of Home Buyer). , join in the execution of this Declaration of Covenants and Restriction as evidence of their 5\Vsrp031Common\Wappinger\Town Board\Accessory Apts1Declaration - Accessory Apts NEW CONSTRUCTION.doc Final04 — New Construction knowledge thereof and their agreement to be bound by all the terms, covenants and conditions contained herein. It is further understood that this Declaration of Covenants and Restrictions will be recorded and indexed against the subject property prior to transfer of title from type in name of Declarant). to the said Home Buyer) and Stype in name of Home Buyer) IN WITNESS WHEREOF, this DECL date and year above written. , Contract Vendee type in name} , Contract Vendee ACKNOWLEDGEMENTS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS On , 2004, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS Notary Public On , 2004, before me, the undersigned, personally appeared. known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 11Vsrp031CommonlWappingerlTown Board\Accessory Aptslaeclaration - Accessory Apts NEW CONSTRUCTION.doc Fi 7/8/04 -- New Construction STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS On , 2004, before me, the undersigned, personally appeared Imown to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 1Wstp031Common\Wappinger\Town Board\Accessory Apb\Declaration - Accessory Apts NEW CONSTRUCTION.doc Final 7/8/04 — Existing Residence DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTION; the day of , 2004 by (type in name/n hereinafter referred to as "DECLARANT", in favor of the T WITNESS WHEREAS, DECLAR& g the o to be improved, by a resid Town of Wa particul about ch premises More de a part hereof; and Permit to be issued by the Planm e'• d _ ,®T tla Aet'°of` . r ®m authorize the construction and/or mainte 4ets� of `ae . ®' e� "� 'a ap and condition to the issuance of a Certificate of Occupancy for such artment, §240-53 provides that the owner/ applicant shall be required to file a aration of Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. 2. Restrictions. [1] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 of the Town of Wappinger Zoning Code, and the Special Permit issued to applicant/ property owner shall run to the benefit of the owners herein and said Special Permit shall not run with the land. It is expressly understood that the accessory apartment shall only be used by the class of persons identified in Zoning Code §240-53 and subject to the conditions set forth therein. \\VsrpO3\Common\Wappinger\Town Board\Accessory Apts\Declaration -Accessory Apts.doc Final 7/8/04 — Existing Residence [2] Death. Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence., the new owner shall apply to the Planning Board for a renewal of the special permit in accord 53D(1)(b) of the Town of Wappinger Zoning Code. [3] Renewal. The new owner of the 'ses I �e to appl e Planning Board for a renewal of the special perm s tinue [4] Inspecttorl� e t ilding� ®r sha ght t ect the premises upon reasonabl agreement or person and agre and reas thereof. Invalidation. co ..®t' ts, restrictions and or equity against any person above -described covenants, restrictions recover for damages, together with interest, costs s, in an amount to be fixed by the court having jurisdiction [1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, this DECLARATION has been executed as of the date and year above written. (type in name) , Declarant (type in name) , Declarant \\VsrpO3\Common\Wappinger\Town Board\Accessory Apts\Declaration - Accessory Apts.doc Final 7/8/04 — New Construction DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTION the day of , 2004 by f type in name/na hereinafter referred to as "DECLARANT", in favor of the T WITNESS the ow ' `Q'£ s' rtain WHEREAS, DECLARA% to be improved, by a resid Town of Wa particul copy of Planni maint c about ork each premises 2¢ ore de a part hereof (attach equire s a Special Permit to be issued by the er to authorize the construction and/or apartment; and AS, DECLARANT is a residential home builder and has contracted with tn name of Home Buyer) , and f type in name of Home Buyer) , to construct a residential structure with an accessory apartment constructed for the purposes of providing separate living quarters to a living relative consistent with §240-53 of the Town of Wappinger Zoning Code; and WHEREAS, as a precondition to the issuance of a Certificate of Occupancy for such accessory apartment, §240-53 provides that the owner/ applicant shall be required to file a Declaration of Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. \\VsrpO3\Common\Wappinger\Town Board\Accessory Apts\Declaration -Accessory Apts NEW CONSTRUCTION.doc Final 7/8/04 — New Construction 2. Restrictions. [1] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 of the Town of Wappinger Zoning Code the Special Permit issued to applicant/ property owner shall run to the ben owners herein and said Special Permit shall not run with the understood that the accessory apartment shall only beamed by identified in Zoning Code §240-53 and subject to [2] Death. Upon undersigned or upon the tr ` � i a said e r u •�Ie undersign s longer occ �: • mi BF his e, r p _ aL ®en e new owner apply to th' a,��. : i are ,'>`al of w 5" "accordance with §240- pp Y` K [ te r,.. i 53D(1)(b)j f the premises shall have to apply to the Planning A =d f• ne 'f they a' ciai permit to continue the accessory apartment. `tion. The Building Inspector shall have the right to inspect the pre " ®e" reasonable notice to the owner. 3. Enforcement. [1] Procedure. Enforcement of any of the covenants, restrictions and agreements contained herein shall be by proceedings at law or equity against any person or persons violating or attempting to violate the above -described covenants, restrictions and agreements, either to restrain or to recover for damages, together with interest, costs and reasonable attorney's fees, in an amount to be fixed by the court having jurisdiction thereo f. 4. Invalidation. [1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. 5. Home Buyer (Contract Vendee). [1] The Home Buyer (Contract Vendee) of the premises, Ltvpe in name of Home Buyer) and (tvpe in name of Home Buyer) , join in the execution of this Declaration of Covenants and Restriction as evidence of their \\VsrpO3\Common \Wappinger\Town Board\Accessory Apts\Declaration - Accessory Apts. NEW CONSTRUCTION.doc Final 7/8/04 — New Construction STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS On , 2004, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public \\Vsrp03\Common\Wappinger\Town Board\Accessory Apts\Declaration - Accessory Apts NEW CONSTRUCTFON.doc FREDERICK P. CLARK ASSOCIATES, INC. Planning/DevelopmentlEnvironment!Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, ArcP Daniel K. Wery, AICP David J. Portman, FAICP To: Honorable Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Date: March 6, 2003 Subject: Proposed Amendments to the Town Code, Section 240-53, Accessory Apartments -- Elimination of Minimum Age of Building Requirement At your request, in connection with the above captioned matter, we have prepared and attached for your review the following: 1. Draft Local Law (one clean copy, and one redline/strikeout copy); 2. Draft Resolution of Introduction; 3. Public Hearing Notice; 4. Environmental Assessment Form (parts 1 and 2); and 5. Draft Resolution of Adoption and attached Negative Declaration. Daniel K. Wery AICP Vice-President/Planning Lawrence K. Bice Associate/Planning Attachments cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator GIoria Morse, Town Clerk j:ldocs215001wappingerizone amendmentslacc_apt.shed_pll.phn.covikb.doc Connecticut Hudson Valley (203) 255-3100 (845) 297-6056 Long Island (516) 364-4544 email@fpclark.com www.fpclark.com 3/6/03 (DRAFT) RESOLUTION NO. 2003- TOWN OF WAPPINGER TOWN BOARD RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW No. OF 2003 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 the day of 2003 at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - JOSEPH RUGGIERO CounciIpersons - ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY ABSENT: The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which establishes locally designated Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2003 for 7:15 PM on the day of , 2003 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 Depat lment 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. 2 of 3 Amendm,ent to the Town Code - Accessory Apartments Resolution of Introduction The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. Dated: , 2003 Wappingers Falls, New York GLORIA MORSE Town Clerk Town of Wappinger j_\docs215001wappinger\zone amendments\acc_apt.shed_pmintro.lkb.doc 3 of 3 o�3 3/6/03 (DRAFT) RE SOLUTION TOWN OF WAPPINGER TOWN BOARD RE: RESOLUTION ADOPTING LOCAL LAW No. OF 2003 - AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS 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 the day of 2003 at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor Councilpersons ABSENT: JOSEPH RUGGIERO ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments (the "Proposed Action"); and WHEREAS, eliminating the age of building requirement would enable more houses to qualify for accessory apartments, namely those houses less than 5 years of age, and in some cases less than 3 years of age, for which accessory apartments are not permitted under the existing minimum age of building requirement; and WHEREAS, eliminating the minimum age of building restriction will therefore allow for more accessory apai tments to be built in the Town, which is in keeping with the ongoing commitment of the Town to encourage the provision of affordable housing options for Town residents; and Amendment to the Town Code - Accessory Apartments Resolution of Adoption WHEREAS, all other regulations and standards governing accessory apartments will remain in effect and continue to ensure that such dwelling units do not adversely impact the character of the residential neighborhoods in which they are located; and WHEREAS, the Town Board determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type I actions); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this 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. Pursuant to State Environmental Quality Review regulations, the Town Board hereby adopts a Negative Declaration, attached hereto, on the grounds that the Proposed Action will not result in any significant environmental impacts. 3. The Town Board of the Town of Wappinger hereby adopts proposed Local Law No. of 2003; and, except as specifically modified by the amendments contained therein, the Zoning Law and Zoning Map, as originally adopted and amended from time to time, are to remain in full force and effect. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. 2 of 3 Amendment to the Town Code - Accessory Apartments Resolution of Adoption Dated: , 2003 Wappinger, New York GLORIA MORSE Town Clerk Town of Wappinger Attachment: (Negative Declaration) j:\docs21500\wappinger\zone amendments\acc_apt.shed.prnadoptIkb.doc 3 of 3 SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law Amending Town Code of the Town of Wappinger. SEQR Status: Type I X Unlisted Conditioned Negative Declaration: Yes X No Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments. Location: Town of Wappinger, Dutchess County SEQR Negative Declaration Page 2 Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) The Proposed Action will not have a significant adverse impact on the environment. Eliminating the age of building requirement would enable more houses to qualify for accessory apartments, namely those houses less than 5 years of age, and in some cases less than 3 years of age, for which accessory apartments are not permitted under the existing minimum age of building requirement. Eliminating the minimum age of building restriction will therefore allow for more accessory apartments to be built in the Town, which is in keeping with the ongoing commitment of the Town to encourage the provision of affordable housing options for Town residents. All other regulations and standards governing accessory apartments will remain in effect and continue to ensure that such dwelling units do not adversely impact the character of the residential neighborhoods in which they are located. Lead Agency: Town of Wappinger Town Board Town Hall, 20 Middlebush Road, P.O. Box 324 Wappingers Falls, New York 12590-0324 For Further Information: Contact Person: Joseph Ruggiero, Town Supervisor Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324 Telephone Number: (845) 297-2744 Filing and Publication: This notice of a Type I Negative Declaration shall be filed with: a. Supervisor of the Town of Wappinger b. Town of Wappinger Town Board Further, this Notice of a Type I Negative Declaration shall be emailed to enb@gw.dec.state.ny for publication in the Environmental Notice Bulletin. 3:ldocs2\500\wappinger\zone amendments\acc_apt.negdec.form.lkb.doc NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 20 03 A local law (Insert Title) entitled "Local Law # of 2003, amending the Town Code, Section 240-53, Accessory Apartments." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: 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 2003 A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240- 53, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending the Town Code, Section 240-53, Accessory Apartments." Section 2: Legislative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dweIIing unit inside the single common front entrance. 2 (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. Section 5: 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 6: 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:ldocs215001wappingerizone amendmentslacc apt.shed.locallaw.Ikb.doc 3 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local Legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the Town of Wappinger was duly passed by the on 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2_ (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local Iaw No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local Iaw was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local Iaw annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003_ Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, in accordance with the applicable provisions of law. *EIective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the Iocal law annexed hereto, designated as local Iaw No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above. (Seal) Clerk of the County Legislative body, City, Town or Village Clerk or officer designated by local legislative body GLORIA MORSE, TOWN CLERK, Date: ,2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing Iocal law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto_ Signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village Date: }_ldocs215001wappingerlwap3-005.Ikb.doc:ev ,2003 [Note: For Informational Use Only. The locations of amendments are identified with a vertical line in the right hand margin. Additions to existing I text are shown in double underline. Deletions are shown in striikeout.1 TOWN OF WAPPINGER LOCAL LAW # OF THE YEAR 2003. A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." Section 2: Legislative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. +r t ,a l llbea leant f-.c ys 1.1 T..no H lithe o 1=i1 iiL LLiilV illl[i.l.l k114 except where such ape minimum lot area for the district in which it is located. ( Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. 3 Location of parking. No more than two off-street parking spaces shall be permitted in front ofthe principal building. No parking areas shall be in the front yard. (4)Li Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. Section 5: 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 6: 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:ldocs215001wappingerizone amendments\ accapt.sheds.pzr.lkb_doc NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2003, at PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise Section 240-53, Accessary Apartments to eliminate the minimum age of building requirement for accessory apai intents, PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type I actions). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: j:ldocs215001wappingerizone amendmentslacc apt_shedphn.lkb.doc 1 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk 14-16-2(9/95)-7c SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formai knowledge of the environment or may be technically expert in environmental analysis. in addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: • Part 1 • Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: • A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Print or Type Name of Responsible Officer in Lead Agency Supervisor itIof Re ponsible Officer Signature of Responsible Officer in Lead Agency Signature of Prepai er (if different fr March 6, 2003 Date responsible officer) 1 PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and saecifv each instance. NAME OF Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Wappinger Town Board (845) 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO STATE ZIP CODE Wappingers N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE *N.A. ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments. Please Complete Each Question - Indicate N.A. if not applicable A. Site Description — N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: 0 Urban ❑Industrial 0 Commercial 0 Residential (suburban) 0 Rural (non -farm) 0 Forest 0 Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) *N.A. — Not Applicable 2 4. Are there bedrock outcroppings on the project site? 0 Yes 0 No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: 0 0-10% % 0 10-15% ❑ 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes 0 No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal or sole source aquifer? 0 Yes 0 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes 0 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 0 Yes ❑ No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑ Yes ❑ No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes 0 No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes 0 No a. If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No b. If yes, will improvements be necessary to allow connection? 0 Yes 0 No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? 0 Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes 0 No B. Project Description — N.A., EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height• width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? 0 Yes 0 No 0 N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? ❑ Yes 0 No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 0 Yes 0 No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes 0 No Explain 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes 0 No 16. Will the project generate solid waste? 0 Yes 0 No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? 0 Yes 0 No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? 0 Yes 0 No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? 0 Yes •No if yes, explain ❑ Yes ❑ No tons/month. years. ❑ Yes ❑ No 4 25. Approvals Required: Town Board ■Yes ❑ No City, Town, Village Planning Board 0 Yes ■No City, Town, Zoning Board 0 Yes ■No City, County Health Department 0 Yes •No Other Local Agencies 0 Yes ■No Other Regional Agencies ❑Yes •No State Agencies Federal Agencies ❑ Yes ■ No ❑ Yes •No Type Submittal Date Amendment to Town Code - Chapter 240, Zoning Advisory Recommendations Only On Amendment C. Zoning and Planning Information — N.A., EXCEPT FOR #1 [. Does proposed action involve a planning or zoning decision? • Yes 0 No If yes, indicate decision required: ■ zoning amendment ❑ zoning variance ❑ special use permit 0 subdivision 0 site plan ❑ newlrevision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 Yes ❑No 7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ❑Yes 0 No 9. If the proposed action is the subdivision of land, how many Tots are proposed? a. What is the minimum lot size proposed? 10_ Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ❑No 11 _ Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0 Yes ❑No a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes ❑No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification — SEE ATTACHMENT I certify that the information provided above is true to the best of my knowledge. ApplicantlS nsor Name Town of Wappinger Town Board Date March 6, 2003 Signature.f / k Title Vice President/Planning Davie K. Wery, AIC , Consultant he Town Frederick P. Clark Associates, Inc. 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. • Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. sin identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. G. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? • NO 0 YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%, • Construction on land where the depth to the water table is less than 3 feet_ • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) •NO ❑ YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change Q ❑ OYES ❑ NO D 0 OYES ❑ NO O 0 OYES ONO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 DYES ❑ NO © 0 OYES ❑ NO 0 0 OYES ❑ NO 6 IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ENO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ■NO 0 YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? 'ENO 0 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities_ • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? "ENO 0 YES Examples that would apply to column 2 • Proposed Action would change flood water flows_ • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑❑❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑❑ ❑❑ 0 ❑❑❑ ❑❑ OYES ❑ NO ❑ OYES D NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 DYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 OYES D NO ❑ OYES D NO ❑ DYES ❑ NO ❑ DYES D NO ❑ OYES ❑ NO ❑ OYES D NO ❑ OYES ❑ NO ❑ DYES ❑ NO ❑ OYES ❑ NO O OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO ❑ OYES ❑ NO 0 OYES ❑ NO 7 IMPACT ON AIR 7. Will proposed action affect air quality? ■ NO 0 YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ENO 0 YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ENO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■ NO ❑ YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO ❑ ❑ DYES ❑ NO 0 0 OYES ONO ❑ 0 OYES D NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ONO O 0 DYES ❑ NO ❑ 0 DYES D NO ❑ 0 OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO 8 IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? NO ❑ YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO ❑ YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ENO 0 YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts. IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)7 ■ NO 0 YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑❑❑❑ ❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ OYES ONO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO 9 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ENO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • . Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? ENO ❑ YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ENO 0 YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? • NO 0 YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? NO ❑ YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑❑❑ ❑ ❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑❑ ❑ ❑❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑❑ ❑ ❑ ❑ ❑ ❑❑❑ OYES ❑ NO OYES ❑ NO DYES D NO OYES 0 NO DYES 0 NO DYES ❑ NO DYES D NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES D NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO DYES 0 NO OYES 0 NO DYES ❑ NO OYES ❑ NO OYES ❑ NO DYES ❑ NO 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ■NO ❑ YES jadocs215001wappingerizone amendmentslacc apt.eaf.lkb.doc 11 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM RECEIVED AUG 0 2 2004 SUPERVISORS OFFICE TOWN OF WAPPINGER David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, AICP Daniel K. Wery, AICP David J. Portman, FAICP To: Town of Wappinger Planning Board, Zoning Board of Appeals Date: July 28, 2004 Subject: Accessory Apartments — Proposed Amendments At the Town Board's request, we are forwarding to you proposed amendments to the zoning code that would make accessory apartments a permitted accessory use subject to the approval of the Building Inspector. Currently, accessory apartments are a special permit use subject to approval by the Planning Board. In recognition of the routine, straightforward nature of accessory apartment applications, the proposed amendments seek to streamline the review and costs of such applications by placing them under the jurisdiction of the Building Inspector, rather than the Planning Board. A number of requirements pertaining to accessory apaitu rents that are currently modifiable by the Nanning Board (§240-53.C) would no longer be modifiable once .accessory apartments come under the jurisdiction of the Building Inspector. Relief from the Zoning Board of Appeals would therefore need to be obtained where the Applicant wished to deviate from such requirements. The amendments were informally discussed at the Town Board's 7/26/04 meeting. In the course of the discussion two possible additional amendments to the accessory apaitinent section of the code were suggested: 1. Possibly increasing the number of bedrooms permitted in an accessory apartment to more than the currently permitted 2 bedrooms. 2. Possibly increasing the number 'of off-street parking spaces permitted in front of the principle building from 2 spaces to 4 spaces; while tnaintaining' the requirement that no parking spaces are permitted within the minimum front yard setback. Both the maximum number of bedrooms and the maximum number of off-street parking spaces are current standards in the code pertaining to accessory apartments. The Connecticut Hudson Valley Long Island (203) 255-3100 (845) 297-6056 (516) 364-4544 email@fpciark.com www.fpciark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation proposed amendments, as drafted thus far, are limited to placing accessory apartments under the jurisdiction of the Building Inspector, and have not changed any of the existing standards. It may therefore be appropriate at this time to review all standards pertaining to accessory apartments, in addition to those listed above, and incorporate any possible changes to the standards and requirements as part of the amendments. Daniel K. Wery Vice-President/Planning Lawrence K. Bice Associate/Planning Attachments: Redline/strikeout and clean versions of proposed amendments cc: Town Board George Kolb, Building Inspector Mark Lieberman, Fire Inspector Tatiana Lukianoff, Zoning Administrator Joseph E. Paggi, Jr., PE Albert P. Roberts, Esq. Gloria Morse, Town Clerk j_\docs2\5001wappinger1zone amendments\accessory apts bldg deptlacc.apts.cov.lkb.doc Redline/ Strikeout Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent. A special permit may be granted by the Planning Board to It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one -family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards_ To help achieve these goals and promote the objectives of the Town Comprehensive Plan, the issuance of a special permit and the granting of site plan approval by the Planning Board accessory apartments shall be subject to the following requirements in addition to the general special permit standards of (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy_ (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) (c) No more than one accessory apartment shall be permitted on any lot. An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment. (3) Use. (a) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. (b) The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure_ (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. (-4)f Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a spy certificate of occupancy. (5)(Al Maintenance and continued compliance_ An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building Inspe for shalt ect he p a shall re ort n the n,litir ., of structures on the premises to the Planning Board. No peat certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected. All conditions of the special permit requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector. (£)a7 Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front yard setback.The location of such parking spaces and driveways shall be reviewed by the Planning Board to ensure compatibility with the use of the lot and adjacent (7)(8) Other conditions. In making its determination on the special permit, the Pla.,.,i,,g Bea,- sl,alulll -alse give—eensiderutien--tet e ch.,r.,cter f t e accessory apartment, including the exterior appearance of one family dwellings, the number of other accessory apartments existing in the neighborhood in relation to one family dwellings, the amount of traffic and the parking conditions in the neighborhood. The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. C. Modifiable requirements. The Planning Board shall have the power to modify the 414 2003 by L.L. No. 1 2003} (,) O oor a , . shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (2) Location of parking. No more than two off street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the-frent-ym+1 (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwell,•n.. units shall fie be allowed te-eec-ess +hc front f tl.e IJLLJJ Lily 1L V11L Vl LJ1V b, gin which theme- are locate -unless,,- ere - �a--separate ___._.. entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. DC. Procedural requirements. In addition to the above requirements, the special permit for an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) In addition to the information required in Article IX herein, the The owner -applicant shall present to the Planning Beard Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning BoardBuilding Inspector to understand and decide upon the certify that the requirements pertaining to an accessory apartment have been met. (b) The special permit Certificates of occupancy for accessory apartments shall —be are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the Special permit and the certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety (90) days of the change of ownership the property owner shall apply to the Building Inspector for a renewal ofhe - al permit and shall provide the Planning Board Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein. Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have one -hundred and twenty (120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. (2) Term of permit. (a) The initial permit certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must appear before the Planning Board apply to the Building Inspector and request for a renewal of such permit. Subsequent thereto, the speeial-permit certificate of occupancy shall be valid for a period not to exceed three years_, the exact term to be determined by the Alarming Board upon its issuance of a renewal special permit. At the end of such period, the owner -applicant shall request the Building Inspector to renew the permit certificate of occupancy or the owner -applicant shall notify the Building Inspector of the (b) owner -applicant's intent to discontinue the permit occupancy in accordance with the applicable time periods established in § 240- 53D(1)(b) above. The Building Inspector shall renew the permitcertificate of occupancy if all conditions of the original permit are still satisfied; otherwise, the Building Inspector shall not renew the peitcertificate of occupancy and the time periods established in § 240-53D(1)(b) for discontinuing the accessory apartment shall apply. The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [1] Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector for a renewal of the special permitcertificate of occupancy in accordance with § 240-53D(1)(b) of the Town of Wappinger Zoning Law. [2] The new owner of the premises shall have to apply to the Planning Board Building Inspector for a renewal of the special permit certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner_ (3) Public hearing notification. (a) The subject preper y is to be posted for a period of not less than 10 date thereof Subject to rebuttal, the filing by the applicant reciting compliance ho ew th (b) The posting of signs on subject property shall be made in the the affected property a sign which rnust be obtained from the Building Inspector's office which shall be prominently displayed on the premises facing each public street, maximum spacing of 200 feet on center, on which the affected property abuts, set back not more than 10 feet from the property line, and shall not be less than two feet nor more than six feet above the grade of the property line, giving conspicuous notice that the application for special permit for temporary two family dwelling is pending and the date, time and place when the [2] An affidavit of posting of the public notice together with a copy to be filed not later than 48 hours prior to the public hearing on the petition, stating that identical posters, not itietv-than-200-feet-aparObave-beetreenspiettetts-Iy-pasted j:ldocs215001wappingerizone amendmentslaccessory apts bldg deptlsection 240-53.redline.lkb.doc (REDLINE/ STRIKEOUT VERSION) Schedule of Use Regulations — Residential Districts M V1 FT. 6T0 to O OG p coO zo lel Q p 14 +--i "" ali a Accessory Apartments (§ 240-53) 4 j;ldocs215001wappingerizone amendmentslaccessory apts bldgdeptlaccess_apts.res.useschedule redline.lkb,doc (CLEAN VERSION) Schedule of Use Regulations — Nonresidential Districts v z j:ldocs215001wappingerizone amendmentslaccessory apts bldg deptlaccess_apts,nontes,useschedule.acceptikb.doc Clean Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards. To help achieve these goals and promote the objectives of the Town Comprehensive Plan, accessory apartments shall be subject to the following requirements : (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) No more than one accessory apartment shall be permitted on any lot. (c) An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment. (3) Use. (a) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. (b) The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure_ (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (5) (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a certificate of occupancy. (6) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new- construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. No certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected. All requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector. (7) Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front yard setback. (8) The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. C. Procedural requirements. In addition to the above requirements, an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) The owner -applicant shall present to the Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms_ All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Building Inspector to certify that the requirements pertaining to an accessory apartment have been met. (b) Certificates of occupancy for accessory apartments are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety (90) days of the change of ownership the property owner shall apply to the Building Inspector for a renewal and shall provide the Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein. Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have one -hundred and twenty (120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit_ (2) Term of permit. (a) The initial certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must apply to the Building Inspector for a renewal Subsequent thereto, certificate of occupancy shall be valid for a period not to exceed three years. At the end of such period, the owner -applicant shall request the Building Inspector to renew the certificate of occupancy or the owner -applicant shall notify the Building Inspector of the owner - applicant's intent to discontinue occupancy in accordance with the applicable time periods established in § 240-53D(1)(b) above. The Building Inspector shall renew the certificate of occupancy if all conditions of the original are still satisfied; otherwise, the Building (b) Inspector shall not renew the certificate of occupancy and the time periods established in § 240-53D(1)(b) for discontinuing the accessory apartment shall apply. The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [1] Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector for a renewal of the certificate of occupancy in accordance with § 240-53D(1)(b) of the Town of Wappinger Zoning Law. [2] The new owner of the premises shall have to apply to the Building Inspector for a renewal of the certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner. j:ldocs215001wappinger\zone amendments\accessory apts bldg deptlsection 240-53.accept2.1kb.doc (CLEAN VERSION) Schedule of Use Regulations — Residential Districts M N g O O PA O 00 O? O in O aax -axx ,10 c., Accessory Apartments (§ 240-36.1) (CLEAN VERSION) Schedule of Use Regulations — Nonresidential Districts U Z 0 73 .43 1J 0 9) y co5. O L1 U a D a u CrS 0 C O 0 0 v 0 a N U O FREDERICK P. CLARK ASSOCIATES, INC. PlanninglDevelopmentlEnvironmentlTransportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, AICP Daniel K. Wery, AICP David J. Portman, FA1CP Howard I. Reynolds, PE To: Honorable Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Date: February 5, 2003 Subject: Proposed Amendments to the Town Code, Section 240-53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts — Resolution of Introduction, Local Law and Public Hearing Notice At your request, in connection with the above captioned matter, we have prepared the attached draft Resolution of Introduction, Local Law (one clean copy, and one redline/strikeout copy) and Public Hearing Notice for your review. Daniel K. Wery AICP Vice-President/Planning Lawrence K. Bice Associate/Planning Attachments cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator Gloria Morse, Town Clerk j:ldocs215001wappingerizone amendmentslacc_apt.shed.pll.phn.cov.lkb.doc Connecticut Hudson Valley (203) 255-3100 (845) 297-6056 Long Island (516) 364-4544 email@fpclark.com www.fpclark.com 2/4/03 (DRAFT) RESOLUTION NO. 2003- TOWN OF WAPPINGER TOWN BOARD RE: AMENDMENTS TO THE TOWN CODE, SECTION 240-53, ACCESSORY APARTMENTS AND THE SCHEDULE OF DIMENSIONAL REGULATIONS — RESIDENTIAL DISTRCITS — INTRODUCTION OF LOCAL LAW No. OF 2003 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 the day of 2003 at 7:00 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - JOSEPH RUGGIERO Councilpersons - ROBERT L. VALDATI VINCENT F. BETTINA JOSEPH PAOLONI CHRISTOPHER J. COLSEY ABSENT: The following resolution was moved by Councilperson and seconded by Councilperson WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts, should be respectively amended and revised to 1) eliminate the minimum age requirement for accessory apartments and 2) establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area (the "Proposed Action"); and WHEREAS, the Town Board determined that the Proposed Action is an Unlisted action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and Resolution of Town of Wappinger Town Board Introduction of Amendments to the Town Code WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default as the only involved agency, the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2003 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2003 for 7 PM on the day of , 2003 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 2 of 3 Resolution of Town of Wappinger Town Board Introduction of Amendments to the Town Code review and recommendation pursuant to Section 240-112 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting CHRISTOPHER J. COLSEY voting The resolution is hereby duly declared adopted. Dated: , 2003 Wappingers Falls, New York GLORIA MORSE Town Clerk Town of Wappinger j:Idocs215001wappingerizone amendmentslacc apt.shed.prnintro.ikb.doc 3 of 3 NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 20 03 A local law (Insert Title) entitled "Local Law #_ of 2003, amending the Town Code, Section 240-53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts." Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 11199) LOCAL LAW # OF THE YEAR 2003 A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240- 53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending the Town Code, Section 240-53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts." Section 2: Legislative Intent The intent of the proposed Local Law is to 1) eliminate the minimum age requirement for accessory apartments and 2) establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure 2 access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4: The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts, shall be amended as shown in the attached schedule: (See attached schedule) Section 5. 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. 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:ldocs215001wappinger1zone amendmentslacc_apished_locallaw.lkb.doc 3 ZONING aS S 0 ,� Oo O vi yy rh O t— N- an O N O 0 0 — M e,� e an 0 RMF-3 I 6 ve 8 ,0n oN en en 00 ao M & r� o Lii N ii O N I I! S 50 1 ..- w 4-1 M en '^ en 'n M an N \ 1,1 [* 0 2 ,Kq p� O ill O 80 en I n VO'� N .N—� 'n N 'n en In tV en N r? I O to p I I S ono S vOi S n `,0 try — "' O� '^ w le,$ N e ei 0 O 11 I N p .N-, I n0m un N- 0 0 o an 'n N �' O 4 = p �] GoC N en - V) 2 ,Z � m0 1 nn vOi NO Ooan ^ N c N o 0 et O O I vl O S n 0 N O O O v en N 0 N O O co a00 O 0 0 0 0 Op S See Note 1 2 O Z N Con 50 S an l�t�'s 0 0 et 0 0 an -. v v-> N 0 p 0 LAG p I 0 200 200 a0 n I an 0O00 00 2.5/35 o c 0 ei A ^ Minimum lot area (square feet, unless noted) With public water and sewer With public water or sewer Without public water and sewer Minimum lot width (feet) Minimum lot depth (feet) Minimum lot frontage (feet) Maximum density units per acre Minimum front yard (feet) from: County/state highway Center line of other street Front tot line of other street Minimum side yard (feet) Accessory building <15 feet high and <200 square feet 2 Minimum rear yard (feet) Accessory building <15 feet high and <200 square feet 2 Maximum "Building Height" (stories/feet) Maximum lot coverage (percent) Maximum floor area ratio 24161 0 0 0 O O N N O O O O w E O N 0 1-11 N 8 a 0 Minimum Lot Area 0 O O 0 0 O O Q O t+i j:Wocs215001wappinger\zone amendmentslhulWcheduleresidential shedlaw.acecpt.lkh.doc (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the Town of WappinRer was duly passed by the on 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on 2003, (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and fmal adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of . . 2003, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph , above. (Seal) Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body GLORIA MORSE, TOWN CLERK, Date: ,2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village Date: j:ldocs215001wappingerlwap3-005.1kb_doc:ev , 2003 [Note: For Informational Use Only. The locations of amendments are identified with a vertical line in the right hand margin. Additions to existing text are shown in doublejinierltne. Deletions are shown in -strikeout.] TOWN OF WAPPINGER LOCAL LAW # OF THE YEAR 2003 A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments and the Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments and the Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts." Section 2: Legislative Intent The intent of the proposed Local Law is to 1) eliminate the minimum age requirement for accessory apartments and 2) establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. constructed shall be at least five years old. In no case shall the except whcr-e suc minimum lot area for the district in which it is located. (2)a) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (3)(2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4: The Town of Wappinger Zoning Law, Schedule of Dimensional Regulations — Residential Districts, shall be amended as shown in the attached schedule: (See attached schedule) Section 5. 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. 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:Idocs215001wappingerizone amendmentslacc apt.sheds.pzr.Ikb.doc y Y.+ 711 .44 SD 0 O •� W g .rr A e G7 1.0 ZONING in �'+ 5W I CsVI O pp P v's h h vi N a:, O O t='s enO h 7. M ;MI i c�c,�'� '�J ro v g Okr% O h �'' v i �n O h [� vs O O ,' O O vs M M o P en M p N �' 0 O ! S r. C Os r ft-- N • '� OM '� h N N en o O p I 1 IO O Os kn O 'I% r vs N N .."N v's .. Q' 'n N ,..i.,,,,..N N N- CO I I v-i oo pp O O vs•[� �6 M --' O vs N o M N p Csen goI . . ,y krk reMoo N 0o '� N tin tin c e. O N O 0 O I 0 0 G O O 4 N en V• See Note 1 2 a Z 8 Len 50 = vs vs O [� h vs vs P N ,-• P O v7 ,-. vs v' e N-• + N. CsN CsO q 0 I i i 125 N 50 i h h O kr,N O O O ., N a N q 0 0 0 CC pOe I 0 0 o m See Note I See Note 1 VI O I r kr)r-- 0 'C O 0 0 ten N 0 '. G IX 0 S I O pp 200 200 I Os I h �Q v- 0 0 ,M N a co O District Minimum lot area (square feet, unless noted) With public water and sewer With public water or sewer Without public water and sewer Minimum lot width (feet) [ Minimum lot depth (feet) J Minimum lot frontage (feet) 1 Maximum density units per acre Minimum front yard (feet) from: County/state highway Center line of other street Front lot line of other street Minimum side yard (feet) Accessory building <15 feet high and <200 square feet Minimum rear yard (feet) Accessory building <15 feet high and <200 square feet Maximum' Building Height" (stories/feet) �1 Maximum lot coverage (percent) IIMaximum floor area ratio 24161— O O ten O N 0 .i 44 E C O O O N O ten 0 0 0 7 0 0 a w 0 N ten N EE. W. 0 N 0 to N 0 8 O 0 jAdocs21.5001wappinger5zone amendmentslhulkscheduleresidentialshedlaw.redlinclkh,doc NOTICE OF PUBLIC BEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2003, at PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise Section 240-53, Accessory Apartments and the Schedule of Dimensional Regulations — Residential Districts, respectively, to 1) eliminate the minimum age requirement for accessory aparliiients and 2) establish less stringent setback requirements for accessory structures and sheds less than 100 square feet in area; and PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk j:Idocs215001wappingerizone amendmentslacc apt_shed_phn.lkb.doc I TOWN OF WAPPINGER ZONING ADMINISTRATOR TATIANA LUKIANOFF RECEIVED FEB 2 0 2004 SUPERVISOR'S OFFICE TOWN OF WAPPINGER ZONING DEPARTMENT 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-6257 FAX: (845) 297-4558 MEMO To: Loretta Brunello, Assessor's Office Cc: Joseph Ruggiero, Supervisor Tatiana Lukianoff, Zoning Administrator From: Susan Dao, Deputy Zoning Administrator Date: February 18, 2004 Re: 85 Osborne Hill Road Grid# 6156-02-616836 SUPERVISOR JOSEPH RUGGIERO TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. PAOLONI ROBERT L. VALDATI An inspection was made today, at the above property, to confirm there is a studio apartment in the house. A picture was taken of the kitchen and the outside entrance of the apartment. Assessor records show an apartment was present since at least 1973. Pictures dated 1959 show addition being built. This is a prior to zoning addition / apartment. The apaituient consists of a kitchen, bathroom with a stall shower, and a bedroom. There is a separate entrance into the apartment. The apartment is not accessible from the main house. JRN-12 05 17:14 FROM: TO:914 297 4558 PAGE:01/13 TO: FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield. Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 - FAX (914) 967-6615 4/A- -44 WE TRANSMIT fieltEW1TFR: As requested As per conversation Per request of irk-4 Psothr)4p-i FOR YOUR: () {) {) Approval Review l]istrilmtion THE FOLLOWING: No. of Copies 71-114.0-0 REMARKS: File Infnrmaiwn Date David H. Stolman, MCP. PP Michael A. Galante Joanne P. Mader, MCP Daniel K. Wery, prop David J, Portman, FAicP DATE:_ 1 /2 05 PRO.IC FAX No.: VIA: () O () () First Class Mail Express Delivery l'elefax: No. of pages / , (including cover Siicet) Our M:cssc.nger Your Messenger Hand Delivery ( ) Use ( ) Comment Description 7/8 29 4558 /61-z-V•04-a Connectieu Hudson Valley (203) 255-3100 (645) 297-6056 BY: Long Island (516) 364-4544 email ©fp Iark.com www.fpclark.com JAN-12 05 17:15 FROM: TO:914 297 4559 PAGE:02'13 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM David H. Stolman, A1CP. PP Michael A. Galante Joanne P. Mader, A1CP Daniel K. Wary, A1CP David J. Portman, FAICP To: VIA FAX AND U.S. MAIL Albert P. Roberts, Esq. Tatiana Lukianoff Mark Lieberman. George :Kolb Joseph E. Paggi, Jr., P.E. Date: January 12, 2005 Subject: Draft Accessory Apartment Amendments As requested, 1 have modified the proposed amendments to the accessory apartment provisions in accordance with the discussion at our meeting on this topic. Attached are two versions: one with double underlining and strikeout, and one without. I look forward to scheduling another meeting so that we can finalize the attached draft. If you have any questions with respect to the amendments in the interim, please do not hesitate to call. David H. Stolman, AICP, PP President Attachments cc: Supervisor Joseph Ruggiero j,lducs2l54O1wuppirtger\Zane amcndment9\actryaurynpte bidg deptilcuvcr rriernu,dhs Connecticut Hudson Valley Long Island graak@jEg ca (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com JAIN-12 05 17:15 FROM: TO:914 297 4558 PAGE:03'13 § 240-5, ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located on the same pso eiywi-thin-tho--stu e-building as a permitted one -family dwelling. § 240-53. Accessory apart nents. A. Legislative intent. it is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land co. ,istl own Comptehensi.ve Plan. B. Standards. Accessory apartments shall comply with_t ol_Loming standards: To -of-permit (1) Minimum lot area; not apylicahk The mi square -feet. (2) Require, occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her their primary residence. further; An occupant of at least one of the dwelling units on the property pig shall be the father, mother, son, er daughter! , brother, sister, grandparent, er grandchild .$liex-in-taw or mother-in-law of an occupant of the other dwelling unit on the property, es,4 ig (kNumber of accessory apartments: Only one accessory apartment shall be permitted on any lot. JAIN-12 05 17:15 FROM: TO:914 297 4558 PAGE:04.13 (e)Maximum size An accessory apartment shall be subordinate in area to the principal dwelling wee--persens. The accessory apartmenUh fl not exceed 3 of th.gross Aoourea of the b ilding in which ij is located, (inimum sim,jbe minimum [?toss floor area for a&accessory apartxn ul $1.Lbe 300 SctuaLe eet, () Maxim occupancy. _ The ae .essory apart teat shall be limited in pfcy o thLee persons. apartment, (7) (l} Princi 1 use. —as-ati Eli-) The principal use of the premises must be that of a detached one - family dwelling. (c) No a0009. she, (I) Access. } An accessory apartment hiJ have .a cess which is separate from the then dweiijpg unit_in the building. (bl Akaccessoxx_lapartment shall no be piovirlied with a_separate. externally yisiblefroAdooulnless suchsloor is loc ted t� se.�arate, pe edi«eulatalane from that of thekoatstoor of the rp incipal dwelling unit, (c) _ A,ny outside stairYv-vs and/or_ cesspxy,,gpaagieut hallb..e~at the rear or side of the,building. (24) Utilities. finless If the premises are net serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a builtiin; s,peeial permit, ttiticate o1 oc_c_w c ndlox_certificate of coinpi.igace. 2 JAN-12 05 17:16 FROM: TO:914 297 4558 PAGE:05'13 (1 ) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair The HuiL ing Iasp_ect.or shall no sue a certificate ofoccupancy_ gr certificate of compliance tiatjl„t#bt✓_accessory apartment complies with all s.e tions of the U iform Code o f the S ate of New York and the Town Clack and until violat�o s . oLthe Uniform Cod:e_and Town Co have been cokrected. t' `.+ , r All requineentti for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector and/or Zoning .m.},jtrator. �6) Parking. Off-street parking shall be provided in accordance with the s ay Article X o t, is ,chapter. Bear ---with tks l' s, (1.27) Fxteri_or Appearance. an _ssory apartment is locate r de ac ied ag_e_; WIRY .dwelling. e�.1?tt to 5jckjnit andlts design shall be such that, to the degree zeasronakly feasible,j)e e ipr appearance of the building_wi21 remain that oLa one -family residence. ems' -noigl Q ied 3 JAN-12 05 17:16 FROM: TO:914 297 4558 PAGE:06/13 (2)--kseaten-e1-pafkifte--Fnere-thaff-ke-eff-tfeet-pefle-iitg-spaee9-9.1+41-13e fFefit-yaFd, (3)—AesessI (a)-,atn-aees-sepfrapaftEnew-s441-heye-Beeess-whish--is-separete-ffetii4lie ether-fliVernifg-Ofther4+friRtiftg: (b)—Bet-h-clweiting-tiiiits-shall-Het-be-atleAved-te-aGee5-the-ffeet-of-the btfildifi-in-whieli-they-afe-leateci--tiftes-there-is-a-sepr-ate-seeure .4-insicle-the-single-43efflinewfrontentranee, (e)--Out&kle--elefways-and-fife-eeepes-fer-the-a6cesseraftfliefit-S•kft# be-at-the-rear-ef4lie-btfiklif)g, An applicant failiapc cotAjt'a s.ma B_o_Arst_aAppeilis_for_a_ ID. Application.,, An application foL.,.ati acs,e4sory apartment must ccialkirLiN following; .reecdural requirernents---k-ation to the above reguhement, the spesial-perfai4-fer-teft-aesegaorAJL-apaftoiem-shail-be-subjeet-to-the-collov4rig eenditon-and-preeedufesi ) 4 thpor_platiofmbi4bitoble dimensigezjachding windows and (Low, a ,p,af,esi_otkprkposed_dvvelling_unita-iriciudincosp. 10 (.1) 21ansshall be telAre_d_in_aufficitntzsizcAnddgtaiLio vitOle the_,Building Lector to determing_complOnce_with_tliereQuirenienta_faranaessssoly apartnasol (3) Upo_n compliance with the above canditions_arkwith the Uniform Code of the State of New iolc tht_Buildinginsimmutudgthorizgl to.issue..a mtificlitC_o_f_occupancy for an a_cce,i,squApp_=_nt__ (1) Requifeil-s+)biftiensL, ewfter-applieant-stia41-ffewit-te-tlie-P4arming-Board-a-floer-plan-of efteil-kabitab1e-fleer-of-the-buikling7-witli-all-interier-dimes-ieft7 the propo- type of rooms-AU-plas 4 JAN-12 05 17:17 FROM: TO:914 297 4558 PAGE:07/13 l (2) Term of permit. Unless a chars a in ownership or change in the roil, ce of the o sdes b - Le o ' co fiance for an �ccessoC 1� e e s t0 aggkuse are complied with. The isikkgAgThiaistrator shall contact the_saner every two years_t:o.c,ontir .,t t all requirements are being jtJf it is determined hx_rhe Zo 4og Administrator that one or more_of_the_r_equirements are noLbaing mg, the certificate of CArill ma ce shall be revoked and tie_ti e e tahlishesil��2�0-53�diuscontinuing accessory apartmeatt ajia11 apply. (a) The ini is , l leant shall ra a -the L.(b) Change ilLownership, The-9pee el , property- Should there be a change in ownership or a change in the residence of the owner, the certificate of compliance occupancy for the accessory apartment shall terminate 90 days after such c mgp, Notwithstanding thg_aboyciet my, apply fora tr nsfer of the cert'tiate of comtalianc , e e the Big Inspector with _proof of their family relationship as tipLt ted in § 240-53.Bf Shoup-the-ne je-iH-t e Plana Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have9 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. 5 JAN-12 05 17:18 FRON: TO:914 297 4558 RAGE:08/13 G.,() Declaration of covenga.and restriction, The owner -applicant shall be required to execute a declar. jon nl' covenants an d restrictions to be recoidjd i,g the Dutchess Cgjm Clerks s Office itud indexed ains_t sithiect property prior to the issuance of ace t'fic complia.Aoc_for theme, sorry aMrI er e, The_dtelaration _oLcovenants Did restrictions ts9t shall he in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building lnsaec_to' d for a renewal of the certificate of cogipiiance si3ecia-1—prer-mit in accordance with § 240- 53 'l- ) of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Building Inspector d for a renewal of the certlRc, to .nLo_mpli.arat special-per-mit to continue the accessory apartment prio o or yjtl1iz__3.Q 5 eLa title, The Building Inspector and/or the,Zoning Administrator sha11 have the right to inspect the premises upon reasonable notice to the owner. EL Renewal inspections, each accessorypartment shale inspectesaLtheisming Administrator every two years in cur to determine vbe her the apartment r mains in cotnplaoce with this chapter,, The Zo ting minj trator_m.avre.Auire an affidavit from the owner in thisigpard, Upon a_,satisfactory inspeciianLe�, ,T j., the accessoryapartment owner sltake_reissued a certificate �f �c�mpkanGe- to the s,ve e` M c i sc s o o igcs=.43 ce the certificate of_m linnce shall be rexoKeduntil the violations are fired. (3) (b) The po3ting of signs or+ feilewing-matmer: 6 JAN-12 05 17:18 FROM: T0:914 297 4558 PAGE:09/13 d liftes perm 'I1 t7Tor t Y-" "" g § 240-97. Use Amsssity_apartment h. _ the -.e, -net Hlefe than 200 fe Minimum Number of Of -Street Parking Spaces 2joieach, apartment j:Idocs215001wappingcrizonc nmcndments-\accessory apts hldg dcpt\section 240.53 I-12-054hs.doc 7 JAN-12 05 17:18 FROM: TO:914 29? 4558 PAGE:10'13 § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located on the same property as a permitted one -family dwelling. § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one- fami ly residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in- law or mother-in-law of an occupant of the other dwelling unit on the property. . (3) Number of accessory apartments: Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal. dwelling. The accessory apartment shall not exceed 35% of the gross floor area of the building in which it is located. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) Principal use. The principal use of the premises must be that of a detached one -family dwelling. JAN-12 05 17:19 FROM: TO:914 297 4558 PAGE:11'13 (8) Access. (9) (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) An accessory apartment shall not be provided with a separate, externally visible front door unless such door is located on a separate, perpendicular plane from that of the front door of the principal dwelling unit. (c) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building_ Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County I-Iealth Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (10) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair. The Building Inspector shall not issue a certificate of occupancy or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. Alt requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector and/or Zoning Administrator. (11) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. (12) Exterior appearance. Ilan accessory apartment is located in a detached one - family dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a. variance. D. Application. An application for an accessory apartment must contain the following: 2 JAN-12 05 17:19 FROM: TO:914 297 4559 PAGE:12/13 (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) Upon compliance with the above conditions and with the Uniform Code of the State of New York, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. E. Term of pernlit. Unless a change in ownership or change in the residence of the owner occurs, as described in § 240-53F, a certificate of compliance for an accessory apartment shall remain valid as long as all requirements pertaining to such use are complied with. The Zoning Administrator shall contact the owner every two years to confirm that all requirements are being met. If it is determined by the Zoning Administrator that one or more of the requirements are not being met, the certificate of compliance shall be revoked and the time periods established in § 240-53F for discontinuing accessory apartments shall apply. F. Change in ownership. Should there be a. change in ownership or a change in the residence of the owner, the certificate of compliance for the accessory apartment shall terminate 90 days after such change. Notwithstanding the above, the new property owner may apply for a transfer of the certificate of compliance. The new owner shall provide the Building Inspector with proof of their family relationship as stipulated in § 240-53.B(2). Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. G. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerks's Office and indexed against the subject property, prior to the issuance of a certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building inspector for a renewal of the certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. 3 JF1N-12 05 17:20 FROM: TO:914 297 4559 PAGE:13/13 (2) The new owner of the premises shall have to apply to the Building Inspector for a renewal of the certificate of compliance to continue the accessory apartment prior to or within 30 days of closing and transfer of title. (3) The Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. H. Renewal inspections. Each accessory apartment shall be inspected by the Zoning Administrator every two years in order to determine whether the apartment remains in compliance with this chapter. The Zoning Administrator may require an affidavit from the owner in this regard. Upon a satisfactory inspection report, the accessory apartment owner shall be reissued a certificate of compliance. In the event that the inspection indicates that the apartment is no longer in compliance, the certificate of compliance shall be revoked until the violations are cured. § 240-97. Use Accessory apartment Minimum Number of Off -Street Parking Spaces 2 for each apartment _0docs215001wappingerizonc antendinentslaccesaory Hpts bldg dehtlsecticn 240-53 1-12-05 clean,dhs.duc 4 LOCAL LAW # OF THE YEAR 2003 A Local Law entitled "Local Law #_ of 2003, amending the Town Code, Section 240- 53, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law #_ of 2003, amending the Town Code, Section 240-53, Accessory Apartments." Section 2: Legislative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (3) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. 2 (c) _ Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. Section 5: 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 6: 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. jadocs215001wappingerizone amendmentslacccapt.shed-locallaw.lkb.doc 3 (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the Town of Wai pinger was duly passed by the on 2003, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. 1 hereby certify that the local law annexed hereto, designated as Iocal law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the and was deemed duly adopted on (Elective Chief Executive Officer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum). 2003, I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2003, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). - I hereby certify that the local law annexed hereto, designated as local law No. of 2003 of the (County) (City) (Town) (Village) of was duly passed by the on 2003, and was (approved) (not approved) (repassed after (Name of Legislative Body) disapproval) by the on 2003. Such local law was subject to (Elective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of 2003, in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local Iaw annexed hereto, designated as local law No. of 2003 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2003, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the local law annexed hereto, designated as local Iaw No. of 2003 of the County of State of New York, having been submitted to the electors at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original Iocal law, and was finally adopted in the manner indicated in paragraph , above. (Seal) Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body GLORIA MORSE, TOWN CLERK, Date: ,2003 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STATE OF NEW YORK COUNTY OF Dutchess I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature ALBERT P. ROBERTS, ATTORNEY TO TOWN Title Town of WAPPINGER Village Date: jadocs2150U1wappingerlwap3-005.1kb.doc:ev 2003 [Note: For Informational Use Only. The locations of amendments are identified with a vertical line in the right hand margin. Additions to existing I text are shown in double underline. Deletions are shown inert.] TOWN OF WAPPINGER LOCAL LAW # OF THE YEAR 2003 A Local Law entitled "Local Law # of 2003, amending the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2003, amending Section 240-53 of the Town of Wappinger Zoning Law, Accessory Apartments." Section 2: Legislative Intent The intent of the proposed Local Law is to eliminate the minimum age of building requirement for accessory apartments. Section 3: Subsection C., Modifiable Requirements, of Section 240-53, Accessory Apartments, of the Zoning Law shall be revised to read as follows: "C. Modifiable requirements. The Planning Board shall have the power to modify the following requirements, provided that said Board finds that such modifications are consistent with the legislative intent of this section as set forth in § 240-53A above and the purposes of this chapter. (1) Age of structure. The building in which the accessory apartment is, truete. ll be at loan+ five 2``ars c �- In F$� ci��asrrz�crr ,-c7cur-r. rrarzr�� minimum lot area for the district in which it is located. (2)(1) Occupancy. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (3)(2) Location of parking. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be in the front yard. (4)L Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. Section 4. 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. Section 5: 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 b: 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:ldocs215001wappingerizone amendmentslacc_apt.sheds.pzr.lkb.doc NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2003, at PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend and revise Section 240-53, Accessory Apartments to eliminate the minimum age of building requirement for accessory apartments. PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") via Local Law No. 6 of 1992 (the Town's environmental quality review law which designates local Type I actions). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: j:ldocs21500\wappingerizone amendments\acc apt.shed.phn.lkb.doc 1 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 14-16-2(9/95)-7c SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: • Part 1 ■ Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that: • A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Supervisor P,Titl of Responsible Officer Signature of Prepa1er (ififEerent fr March 6, 2003 Date responsible officer) 1 PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and soecifv each instance. NAME OF Local Law Amending the Town of Wappinger Town Code with Respect to Accessory Apartments and the Elimination of the Minimum Age of Building Requirement LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Wappinger Town Board (845) 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO STATE ZIP CODE Wappingers N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE *N.A. ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53, Accessory Apartments should be amended and revised to eliminate the minimum age of building requirement for accessory apartments. Please Complete Each Question - Indicate N.A. if not applicable A. Site Description — N.A. Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: 0 Urban ❑Industrial 0 Commercial 0 Residential (suburban) 0 Rural (non -farm) 0 Forest 0 Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres . Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) *N.A. — Not Applicable 2 4. Are there bedrock outcroppings on the project site? 0 Yes 0 No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: 0 0-10% % 0 10-15% % 0 15% or greater 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes 0 No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes 0 No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal or sole source aquifer? 0 Yes 0 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes 0 No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 0 Yes 0 No According to Identify each species 12. Are there any unique or unusual land forms, on the project site? (i.e., cliffs, dunes, other geological formations) 0 Yes 0 No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes 0 No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes ❑No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes 0 No a. If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No b. If yes, will improvements be necessary to allow connection? 0 Yes 0 No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? ❑ Yes ❑ No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes 0 No B. Project Description — N.A., EXCEPT FOR #24 AND #25 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately I. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? ❑ Yes 0 No 0 N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site'? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes 0 No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No 9, Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 0 Yes 0 No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. is subsurface liquid waste disposal involved? ❑ Yes 0 No Type 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes 0 No Explain 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes 0 No 16. Will the project generate solid waste? 0 Yes 0 No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes 0 No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑ Yes 0 No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? 0 Yes 0 No 21. Will project result in an increase in energy use? 0 Yes 0 No if yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? 0 Yes •No If yes, explain 4 25. Approvals Required: Town Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies •Yes D No ❑ Yes •No ❑ Yes ■ No ❑ Yes •No ❑ Yes •No ❑Yes ■ No ❑ Yes ■ No ❑ Yes MIN Type Submittal Date Amendment to Town Code - Chapter 240, Zoning Advisory Recommendations Only On Amendment C. Zoning and Planning Information — N.A., EXCEPT FOR #1 1. Does proposed action involve a planning or zoning decision? • Yes 0 No o If yes, indicate decision required: ▪ zoning amendment 0 zoning variance 0 special use permit 0 subdivision 0 site plan ❑ newlrevision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 0 Yes ❑No 7. What are the predominant land use(s) and zoning classification within a 114 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? ❑Yes 0 No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ❑No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0 Yes ❑Na a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes ❑No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional Information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification — SEE ATTACHMENT I certify that the information provided above is true to the best of my knowledge. Applicant!S• •nsor Name Town of Wa••in•er Town Board Date March 6, 2003 Signature Title Vice President/Planning D. nie K. Wery, AICI5, Consultant he Town Frederick P. Clark Associates, Inc. 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. • Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. •In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ■ NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ENO D YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ D OYES D NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO 0 0 OYES ❑ NO ❑ 0 OYES D NO 0 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 DYES ©NO 0 0 OYES ❑ NO 6 IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) •NO ❑ YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ENO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quarrtity? ENO 0 YES Examples that would apply to colurnn 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day. • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: 6. Will proposed action alter drainage flow or patterns, or surface water runoff? •NO 0 YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change El ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ 0 ❑ 0 0 0 0 0 0 0 0 0 ❑ O YES 1 NO DYES ❑ NO O YES ❑ NO O YES 0 NO OYES ❑ NO O YES 0 NO O YES ❑ NO OYES ❑ NO OYES ❑ NO DYES ❑ NO O YES ❑ NO OYES 0 NO DYES ❑ NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES OYES OYES ❑ NO ❑ NO ❑ NO O YES ❑ NO OYES ❑ NO O YES ❑ NO O YES ❑ NO OYES ❑ NO O YES ❑ NO 7 IMPACT ON AIR 7. Will proposed action affect air quality? ■NO 0 YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ■ NO D YES Examples that would apply to column 2 • Reduction of one or more species fisted on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ■NO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? • NO 0 YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ 0 OYES ❑ NO ❑ 0 OYES D NO ❑ ❑ OYES ❑ NO ❑ 0 DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ DYES D NO ❑ ❑ DYES ❑ NO ❑ O OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO 0 0 OYES ❑ NO 8 IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ENO 0 YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ■ NO 0 YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ENO 0 YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? ENO 0 YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 0 ❑ 0 0 0 0 ❑ ❑ OYES ONO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ONO 9 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? •NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. • Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? •NO ❑ YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ENO 0 YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ■ NO ❑ YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (Le. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the exig community? NO ❑ YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO 0 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ DYES D NO 0 0 OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ 0 OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO 0 0 OYES ❑ NO 0 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ■NO ❑ YES j:ldocs215001wappingerizone amendmentslacc apteaf.Ikb.doc 11 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut David H. Stolman, A1CP PP Michael A. Galante Joanne P. Meder, AICP 350 Theodore Fremd Avenue Daniel K. Wery, AICP Rye, New York 10580 David J. Portman, FAICP (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM To: VIA FAX AND U.S. MAIL Albert P. Roberts, Esq. Tatiana Lukianoff Mark Lieberman George Kolb Joseph E. Paggi, Jr., P.E. Date: January 12, 2005 Subject: Draft Accessory Apartment Amendments As requested, I have modified the proposed amendments to the accessory apartment provisions in accordance with the discussion at our meeting on this topic. Attached are two versions: one with double underlining and strikeout, and one without. I look forward to scheduling another meeting so that we can finalize the attached draft. If you have any questions with respect to the amendments in the interim, please do not hesitate to call. David H. Stolman, AICP, PP President Attachments cc: Supervisor Joseph Ruggiero. j:ldocs215001wappingerizone amendments'accessory apts Bldg depticover memo.dhs Connecticut Hudson Valley Long Island (203) 255-3100 (845) 297-6056 (516) 364-4544 email @fpclark.com www.fpclark.com § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located on the same property within the same building as a permitted one -family dwelling. § 240-53. Accessory apartments. A. Legislative intent. A special permit may be granted b_, the Plannin^ Board,, It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the followin' standards: To Pla�-B^oard s all bbyect l llvrr"�' equirementn addit' + l, te sv tl, uiir lfvu (1) Minimum lot area: not applicable minimum to hall 20 square feet. (2) Required occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her their primary residence. Further, An occupant of at least one of the dwelling units on the property premises shall be the father, mother, son. or daughters , brother, sister, grandparent} or grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property. premises. A fat er in law mother in Iaw may continue occupancy nubneguent to tL.e death of their child. The Building Inspector shall have the authority to re uire proof of the family relntirnship mentioned ir. thin nubnection during the course of the occupancy of the accessory apartment. (3) (b)Number of accessory apartments: Only No more than one accessory apartment shall be permitted on any lot. (4) (c)Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling an shall be limited t^ ncy � y f J L4AA 1JV 1A11114V1.i LV VVVLF�7i.LI tbfee-per-serta. The acces or a artment shall not exce d 35% of the oss floor area of the building in which it is located. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) (3) Principal use. (a) sso tart lent shall not be—p fitted i t Syr} a,on,ng also eentai,,. ther �g er a home occupatiox as an acre ssDry u o ..r a of pal home office use. uvvV (b} The principal use of the premises must be that of a detached one - family dwelling. (c) Ne oes. ory ap gent i we tied in an accessory building or structure. (8) Access. a) An accessory apartment _shall have access which is separate from the other dwelling unit in the building. b An acce o a artment h ll not be rovided with se ar te, externall visibl front door unl ss such door i 1 cated on separ ate, pe • endicular plane from that of the front door of the princi • al dwelling unit. (c) _Any ys outside stairwaand/or fire escapes for the accessory apartment shall be at the rear or side of the building. (94) Utilities. Unless If the premises are Bet serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building special permit, certificate of occupancy and/or certificate of compliance. 2 (105) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair. The BuildingIns ector sh 11 not issue a certificate of occu ancy or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code and unit violations of the Uniform C e and Town Code if any, have been corrected, new construction undertaken for the accessory apartment shall be in th }r iLi uses to Board. No per t shallbo a a2 All requirements for accessory apartments conditions of the special permit must be complied with and shall be subject to inspection by the Building Inspector and/or Zoning Administrator. 11 e) Parking. Off-street parking shall be provided in accordance with the Article X of this chapter. The location of Board to ensure compatibility with the use of the lot and adjacent properties. 127) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible. the exterior appearance of the building will remain that of a one -family residence. Other conditions. In making its - determination on the special permit, the Planning Board shall also give consideration to the character of the existing and future uses in the immediate vicinity of the proposed accessory apartment, including -the ood. The principal building in which the accessory went is proposed must continueto-appear t.. he .. oneelling (1) Occupancy. The minimum gross floor area for an accessory apartment shall of the building in which it is located. 3 front yard. (3) Access. 6 a.....,... t ..,.l. .1 .ell:... .... ..:.ice t1... '� _ _ (c) Outside stairways and fire e.capes for the accessory apartment shall C. An applicant failing to meet any of the above conditions may aQpl to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory a artment mus contain the following: Procedural requirements. In addition to the above requirements, the Special permit for an accessory apartment shall be s A floor pia of each ha. itable florin- of the building, with all interior dim ns'ons includin window and d & ors and with an assignment of spaces to the proposed dwelling units, includin . types of rooms. (2) Plans shall be prepared in sufficient size . d detail to enable the Buildin Inspector to determine compliance with the requirements for an accessory apartment. (3) Upon compliance with the above conditions and with the Uniform Code of the State of New York, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. (a) In addition to the information required in Article IX herein, the �..�..:.... n _tea „ n..,._ _i a r.- r s �'o.aoz'-.'oo��roi the proposed dwelling units, including types of rooms. All plans 4 shall e p eparcd i11 „uffieL 11S-etait n b person of adequate de .do n tho „tabi7it<. �.fthe 1 a�v V1uV fill Vll L11V IiVVVL1 C{.f. • E. (2) Term of permit. Unless a change in ownership or change in the residence of the owner occurs as described in & 241-53F a certificate of compliance for an accessoryapartment shallremain valid as long as all requirements pertaining to such use are complied with. The Zoning Administrator shall contact the owner ever two ears t confirm at all re uirements are being met. If it is determined by the Zoning Administrator that one or more of the requirements are not being met the certificate of com fiance shall be revoked and the time eriods established in 240- 3F for discontinuin accessory apartments shall apply, (a) The initial permit shall be valid for a period of one year, at which time the oard and request a erie e---excee-d—thr-ee year , tip-exucterm—te-tee Building Inspector to renew the permit or the owner applicant shall notify the Building Inspector of the owner applicant's intent to discontinue the ods established in all co ions of tlee�p t t•'n s isfied rerwi the Building Inspector shall not renew the permit and the time periods shall apply. F. (b Change in ownership. The-speeial-per it shall be issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the certificate of compliance eeenpanff for the accessory apartment shall terminate 90 days after such change. Notwithst. din the above th new ro ert owner may apply for a transfer of the certificate of compliancebe in need of renewal. The new owner shall provide the Building Inspector with proof of their family relationship as stipulated in § 240-53.B(2L of the accessory apartment, within 90 days of the change of ownership the stipulated in § 240 53u(2)( horein Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have 4-2-0- days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. 5 G. (b) Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerks's Office and indexed a ' ainst the s s 'act . r s e , rior to the issuance of a certificate of com s fiance fir he acces o a artment. The declaration of covenants and restrictions file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessary apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector Planning Board for a renewal of the certificate of compliance special permit in accordance with § 240- 53ED(1)(b) of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Building Inspector Planning Board for a renewal of the certificate of compliance Special permit to continue the accessory apartment prior to or within 30 days of closing and transfer of title. (3) The Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. H. Renewal ins ecti n Each accesso a artment shall be in ected b the Zonin Administrator ever two years in order to determine whether the apartment remains in compliance with this chapter. The Zoning Administrator may require an affidavit from the owner in this regard. Upon a satisfactory inspection report, the accessory apartment owner shall be reissued a certificate of compliance. In the event that the inspection indicates that the apartment is no longer in compliance, the certificate of compliance shall be revoked until the violations are cured. (3) Public hearing notification. (a) The subject property is to be pasted for a period- of not less than 10 ays ediatelypreceding-the lie-heaTMng o a to herewith. (b) The posting of signs on subject property shall be made in the 6 § 240-97. Use Accessory apartment [1] The applicant shah erect on the affected property a sign nspector's office ,j.,� feet on cep en -which the •, [ prorerty ab tr sett back not a th �" �r {. ircc 7 ' e t� erfeet� be-t rade line, giving conspicuous notice that the application for 'Mitt the date time an l plane when. the zblie henrinn will be asaaua �aav Vµ�v, aaua�/ µll{.4 r11µVV held, [2] An affidavit of posting of the public notice together with a hearing on the petition, stating that identical posters, not ai t lenst 1 !1 to tl, d e-��rs�ir�(3r�vznc•�crate-set Minimum Number of Off -Street Parking Spaces 2 for each apartment j:ldocs215001wappingerizone amendmentslaccessory apts bldg dept\section 240-53 1-12-05.dhs.doc 7 § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located on the same property as a permitted one -family dwelling. § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in- law or mother-in-Iaw of an occupant of the other dwelling unit on the property. . (3) Number of accessory apartments: Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of the building in which it is located. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) Principal use. The principal use of the premises must be that of a detached one -family dwelling. (8) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) An accessory apartment shall not be provided with a separate, externally visible front door unless such door is located on a separate, perpendicular plane from that of the front door of the principal dwelling unit. (c) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (9) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (10) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair. The Building Inspector shall not issue a certificate of occupancy or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. All requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector and/or Zoning Administrator. (11) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. (12) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, the entry to such unit and its design shall be such that, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence, C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain the following: 2 A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (1) (3) Upon compliance with the above conditions and with the Uniform Code of the State of New York, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. E. Term of permit. Unless a change in ownership or change in the residence of the owner occurs, as described in § 240-53F, a certificate of compliance for an accessory apartment shall remain valid as long as all requirements pertaining to such use are complied with. The Zoning Administrator shall contact the owner every two years to confirm that all requirements are being met. If it is determined by the Zoning Administrator that one or more of the requirements are not being met, the certificate of compliance shall be revoked and the time periods established in § 240-53F for discontinuing accessory apartments shall apply. F. Change in ownership. Should there be a change in ownership or a change in the residence of the owner, the certificate of compliance for the accessory apartment shall terminate 90 days after such change. Notwithstanding the above, the new property owner may apply for a transfer of the certificate of compliance. The new owner shall provide the Building Inspector with proof of their family relationship as stipulated in § 240-53.B(2). Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. G. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerks's Office and indexed against the subject property, prior to the issuance of a certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no Ionger occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector for a renewal of the certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. 3 (2) The new owner of the premises shall have to apply to the Building Inspector for a renewal of the certificate of compliance to continue the accessory apartment prior to or within 30 days of closing and transfer of title. (3) The Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. H. Renewal inspections. Each accessory apartment shall be inspected by the Zoning Administrator every two years in order to determine whether the apartment remains in compliance with this chapter. The Zoning Administrator may require an affidavit from the owner in this regard. Upon a satisfactory inspection report, the accessory apartment owner shall be reissued a certificate of compliance. In the event that the inspection indicates that the apartment is no longer in compliance, the certificate of compliance shall be revoked until the violations are cured. § 240-97. Use Accessory apartment Minimum Number of Off -Street Parking Spaces 2 for each apartment iadocs215001wappingerizone amendmentslaccessory apts bldg deptlsection 240-53 1-12-05 clean.dhs.doc 4 TOWN OF WAPPINGER SUPERVISOR JOSEPH RUGGIERO Town Board (copy only) Correspondence log Resolution log Professionals: Gloria Morse Mike Tremper Dan Wery Jim Sedore Department Heads: Trish Maupin Phil DiNonno Other SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-2744 FAX: (845) 297-4558 Routing Slip Staff Meeting log Project log Graham Foster Don Swartz Sal Pennini Marco Caviglia Mark Liebermann Kathy DeLisa Committees Rules Library Tri — Muni Greenway RecordManagement Place original on file Copy Schedule a staff meeting Attorney draft a resolution Attorney to review & comment Engineer to review & comment Budget & Finance Recreation Public Works Airport Master Plan Review Al Roberts Jerry Terwilliger Tom Rothman George Kolb Ralph Holt Elections Dial A Ride Technology Insurance TOWN COUNCIL VINCENT BETTINA MAUREEN McCARTHY JOSEPH P. IRAOLONI ROBERT L. VALDATI Committee log Jay Paggi David Stolman Manny Saris Tatiana Lukianoff Tom Logan Highway Sanitation/Recycle Personnel Greystone FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut. 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM David H. Stolman, AICP, PP Michael A. Galante Joanne P. Meder, AJCP David J. Portman, FAICP To: Supervisor Joseph Ruggiero and the Town of Wappinger Town Board Date: May 17, 2005 Subject: Proposed Amendment to the Town Code, Section 240-53 of the Zoning Law with Respect to Accessory Apartments As requested, we have prepared the following materials in connection with the above - captioned matter for your review and use: 1. Redline/ Strikeout Version of Amendments 2. Draft Local Law in Local Law Format 3. Draft Resolution of Introduction 4. Public Hearing Notice 5. EAF and EAF Attachment The proposed Local Law is an Unlisted Action in accordance with SEQR. As such, there are no other involved agencies and no coordination of Lead Agency is possible or required. As with all proposed amendments to the Zoning Law, and in accordance with Section 240-112, the draft amendments must be referred to the Planning Board for its report thereon, prior to the public hearing required by the Town Law. We will follow this email up with a hard copy version of the documents for the Town's records. The Town Supervisor should sign the first page of the hard copy of the EAF in the space provided therefor. Attachments cc: Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Tatiana Lukianoff, Zoning Administrator George Kolb, Building Inspector s:\documentsidocs2\500\wappinger\accessory apts\acc aptcovmemoJkb.doc Connecticut Hudson Valley (203) 255-3100 (845) 297-6056 Lawrence K. Bice Associate/Planning Long Island (516) 364-4544 email @fpclark.com www.fpclark.com Section 1. The definition for "Accessory Apartment" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located within the same building as a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. Section 2. Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. A special permit may be granted by the Planning Board to permit accessory apartments. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards T-o help achieve these goals and promote the objectives of the Town Comprehensive approval of Article IX herein : (1) Minimum lot area: not applicable The minimum lot area shall be 20,000 square -feet. (2) Required Ooccupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/hertheir primary residence. Further, aAn occupant of at least one of the dwelling units on the property premises shall be the father, mother, son, or —daughter (including legally adopted), brother, sister, grandparent er—grandchild, father-in-law or mother-in-law of an occupant of the other dwelling unit on the property premeses. A death of their child_ The Building Inspector shall have the authority to the course of the occupancy of the accessory apartment. (3) (b)Number of accessory apartments. Only No -mere -than one accessory apartment shall be permitted on any lot. (4) (c)Maximum Size. An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupane-y by a maximum of three persons. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (d) No more than two bedrooms shall be permitted in any accessory (7) (3) Principal Uuse. (a) An accessory apartment shall not be permitted on a lot wheroo dwelling also contains either boarding -or a lie occupation as an accessory use or a professional home office -use. (b) The principal use of the premises must be that of a detached one - family dwelling. (c) No accessory apartment is permitted in an accessory building or structure. (8) Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the 2 entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling b An outside stairwa s and/or fire escapes for the accessoryapartment shall be at the rear or side of the building_ (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. Other Board shall also give consideration to the character of the existing and other a VVo JJVl,U-p rtme iJ o Iisting'III -hena Yhborhoo.i,1 ti + family dwellings,the amount of traffic �: .mot e-ontin„e to bn one f ,ly d. elli yrilyvia.0 Iiiu o r to (4) 11 Utilities. Unless If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building special permit, certificate of occupancy and/or certificate of compliance. (5)Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are ofrepair—and moderni-zationand here—an—s# a es —an ew in compliance with the New York State Uniform Fire Prevention and Building Code as weu 11[iJ µll-other applicable ro „lations the Uniform Code and Zoning Code. The Building Inspector shall inspect the premises and- shall report en the condition of structures on the premises to the Planning Board not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any, have been corrected. No permit shall be granted shall be subject to inspection by the Building Inspector. (6)L13)Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X of this chapter. The location of such parking spaces and driveways shall be reviewed by the Planning Board to ensure compatibility with the use of the lot and adjacent properties. 3 C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. eori lVtent w1th the 1o VV1s1 tlve 1ntent of th1J il4Vtion LJ-Je+ f rt4i. 240 53A above and her oft,isehpter (1) Occupancy. The minimum gross floor area for an accessory apartment shall et but in no case shall it exceed 35% of the gross floor area of the building in which it is located. pert itted f ont o tl}e-p� li hTo rkir, ,.eas-shnll be .-. the front yard. (3) Access. (a) An accessory apartment -shall have access which is separate f the other dwelling unit in the building. building in which they are located Mess there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information Procedural requirements. In addition to the above requirements, the (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. 4 (3) Clear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by the Zonin' Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. (1) Required submissions. (a) In addition to the information required in Article IX herein, the each habitable floor of the building, with all interior dimensions, the proposed dwelling units, including types of rooms. All plans rstand and decide upon the acceptability of the proposal. (b) The special permit shall be issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the special permit and the certificate of occupancy for tle-accessorapartment shal need-ofTeneway Should the_ew the accessory apartment, within 90 days of the change of ownership tine property owner shell a ply to the Planning Board for a r.,l of the special permit and shall provide the Planning Board with Should the new owner decide not to live in the structure or not owner shall have 120 days to remove the kitchen of the accessory unit. (2) Term of permit. request a renewal of such permit. Subsequent thereto, the special permit shall be valid for a period not to exceed three years, the exact term to be determined by the Planning Board upon its issuance of a renewal special permit. At the end of such period, the owner applicant shall request the Building Inspector to renew the permit or 5 appy � f ntcnt to di er ac-e ee-witli-t-he applicable time periods established in § 210 53D(1)(b) above. The Building Inspector shall not renew the permit and the time periods established in § 240 53D(1)(b) fer—dise-ont ng—the--accessory F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every ear in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zonin Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family. relationship required y §240-53(B)X2 . In the eventthat the inspection determines that the apartment is no Ionaer in eom liance with this Cha ter the certificate of occu ancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be v..alid for a period of one year provided that the owner -applicant complies with the terms of this Chapter. In the event of non- compliance with this Chapter, the certificate of occu+anc , and/or certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Chan e in ownershithan e in ownershipor a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this Cha ter. The new owner -a licant shall submit an a lication as authorized b this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accesso apartment as authorized by this Chapter, the owner -a licant shall have 60 da s t remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Chan in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance provided that the owner establishes compliance with the family relationship required by 240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner -applicant cannot establish the family relationship 6 required by this Chapter, the owner -applicant shall have 60 d. s to remove the kitchen of the accesso apartment and to convert the premises into a one -family dwelling unit. (b)I. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subjec roperty prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions file on the prior to the issuance of a certificate of occupancy for an accesory apartment. shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer renewal of the certificate of compliance Special permit in accordance with § 240-53F(D)(-4413) of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator Planning Board for a transfer renewal of the certificate of occupancy and/or certificate of compliance special permit to continue the accessory apartment within 30 days of closing and transfer of title. 3 U on a char e in the familyrelationshi re uired b 240-53B 2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning_ Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship_ (43-) As a condition for permission to maintain an accessory apartment, Tthe Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. Section 3. Section 240-97 of the Town Code shall be amended to read as follows: § 240-97. Use Minimum Number of Off -Street Parking Spaces 7 1-family and 2-family 2 for each dwelling unit, plus 1 for any accessory dwellings a ent (associated witha 1-famil dwelling) Section 4. The Schedule of Use Regulations for Residential Districts and the Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts R-80 R-40/80 R-40 R-20/40 R-20 R-15 RMF-3 Uses R-10 R-2F RMF-5 Accessory apartments (§ 240-53) SW4 PA PA2 PA2 2 Permitted only in connection with a one -family dwelling unit. Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP Al PI PUD Accessory apartments § (240-53) ,SPU PA s:Idocumentsldocs215001wappingerlaccessory aptslfnaLlkb revisions to apr draft_ 4_29_05.redline.lkb.doc NEW YORK STATE DEPARTMENT OF STA 1 E 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 20 05 A local law (Insert Title) entitled "Local Law # of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments Be it enacted by the TOWN BOARD of the (Name of Legislative Body) Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239 (Rev. 1I/99) LOCAL LAW # OF THE YEAR 2005 A Local Law entitled "Local Law # of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments ." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1: Title This Local Law shall be known and cited as "Local Law # of 2005, amending Section 240-53 of the Town of Wappinger Zoning Law with Respect to Accessory Apartments." Section 2: Legislative Intent The purpose of the proposed Local Law is to amend Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apartments_ The most significant proposed change to the existing regulations is that applications for accessory apartments will no Ionger come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector. Other more substantive changes include: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking. In addition to the changes described above, there are a number of other changes which mainly consist of reorganization and clarification of existing regulations and policies. The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts_ Section 3: The definition for "Accessory Apai tnient" in Section 240-5 of the Town Code is hereby amended to read as follows: § 240-5. ACCESSORY APARTMENT — A dwelling unit which is incidental and subordinate to and located within a permitted one -family dwelling or within a detached accessory garage or barn on the same lot. 2 Section 4: Section 240-53 of the Town Code is hereby repealed and replaced with the following text: § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land, consistent with the Town Comprehensive Plan. B. Standards. Accessory apartments shall comply with the following standards: (1) Minimum lot area: not applicable. (2) Required occupancy. The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as his/her primary residence. An occupant of at least one of the dwelling units on the property shall be the father, mother, son, daughter, brother, sister, grandparent, grandchild, father-in-law or mother- in-law of an occupant of the other dwelling unit on the property. (3) Number of accessory apartments. Only one accessory apartment shall be permitted on any lot. (4) Maximum size. An accessory apartment shall be subordinate in area to the principal dwelling. The accessory apartment shall not exceed 35% of the gross floor area of said principal dwelling, and in no event shall exceed 1,000 square feet of gross floor area. (5) Minimum size. The minimum gross floor area for an accessory apartment shall be 300 square feet. (6) Maximum occupancy. The accessory apartment shall be limited in occupancy to three persons. (7) (g) Principal use. The principal use of the premises must be that of a detached one -family dwelling. Setbacks. If the accessory apartment is within a detached accessory building, said building must meet the required setbacks for the principal building on the lot. 3 (9) Access. (a) In the event that an accessory apartment is provided with an externally located entrance separate from that of the one -family dwelling in which it is located, such entrance shall be located on the side or rear of the one -family dwelling, or along the front only if the entrance is on a separate, perpendicular plane from that of the front door of the one -family dwelling. (b) Any outside stairways and/or fire escapes for the accessory apartment shall be at the rear or side of the building. (10) Exterior appearance. If an accessory apartment is located in a detached one - family dwelling, to the degree reasonably feasible, the exterior appearance of the building will remain that of a one -family residence. (11) Utilities. Unless the premises are serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance. (12) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in compliance with the Uniform Code and Zoning Code. The Building Inspector shall not issue a certificate of occupancy and/or certificate of compliance until the accessory apartment complies with all sections of the Uniform Code of the State of New York and the Town Code, and until violation(s) of the Uniform Code and Town Code, if any. have been corrected. (13) Parking. Off-street parking shall be provided in accordance with Article X of this chapter. C. An applicant failing to meet any of the above conditions may apply to the Zoning Board of Appeals for a variance. D. Application. An application for an accessory apartment must contain sufficient information to demonstrate compliance with each of the standards set forth in Section 240-53.B, including but not limited to provision of the following information: (1) A floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. 4 (2) Plans shall be prepared in sufficient size and detail to enable the Building Inspector to determine compliance with the requirements for an accessory apartment. (3) CIear and convincing proof of a family relationship as stipulated in § 240- 53B(2). E. Certificate of occupancy. Upon certification by the Zoning Administrator that the Applicant has complied with all conditions of this Chapter, the Building Inspector shall be authorized to issue a certificate of occupancy for an accessory apartment. F. Renewal inspections. Each accessory apartment shall be reviewed and/or inspected by the Zoning Administrator every year in order to determine whether the apartment remains in compliance with this Chapter. Upon the determination of such compliance, the Zoning Administrator shall issue a certificate of occupancy and/or certificate of compliance. The Zoning Administrator may require an affidavit and/or certification from the owner of the apartment verifying the continued existence of the family relationship required by §240-53(B)(2). In the event that the inspection determines that the apartment is no longer in compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked. The certificate of occupancy and/or certificate of compliance, once issued, shall be valid for a period of one year provided that the owner -applicant complies with the terms of this Chapter. In the event of non- compliance with this Chapter, the certificate of occupancy and/or certificate of compliance shall be revoked and the time periods established in §240-53 for discontinuing accessory apartments shall apply. G. Change in ownership. Upon a change in ownership or a change in the residence of the owner -applicant, the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate. A new owner -applicant may apply for permission to maintain an accessory apartment pursuant to this Chapter. The new owner -applicant shall submit an application as authorized by this Chapter and provide the Zoning Administrator with clear and convincing proof of the family relationship required in §240-53(B)(2). In the event that the new owner -applicant decides not to live in the structure or is not otherwise able to continue the use of the accessory apartment as authorized by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. H. Change in family relationship. Upon a change in the family relationship as required in §240-53B(2), the certificate of occupancy and/or certificate of compliance for the accessory apartment shall terminate 60 days after such change. Notwithstanding the above, the owner -applicant may apply for a transfer of the certificate of occupancy and/or certificate of compliance provided that the owner 5 establishes compliance with the family relationship required by §240-53(B)(2). The owner —applicant shall provide the Zoning Administrator with clear and convincing proof of such family relationship as required by this Chapter. In the event that the new owner -applicant cannot establish the family relationship required by this Chapter, the owner -applicant shall have 60 days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. Declaration of covenants and restrictions. The owner -applicant shall be required to execute a declaration of covenants and restrictions to be recorded in the Dutchess County Clerk's Office and indexed against the subject property, prior to the issuance of a certificate of occupancy and/or certificate of compliance for the accessory apartment. The declaration of covenants and restrictions shall be in favor of the Town of Wappinger and shall state that: (1) Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53F of the Town of Wappinger Zoning Law. (2) The new owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of closing and transfer of title. (3) Upon a change in the family relationship required by § 240-53B(2), the owner shall apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance in accordance with § 240-53G of the Town of Wappinger Zoning Law. In this case, the owner of the premises shall have to apply to the Zoning Administrator for a transfer of the certificate of occupancy and/or certificate of compliance to continue the accessory apartment within 30 days of the change in family relationship. (4) As a condition for permission to maintain an accessory apartment, the Building Inspector and/or the Zoning Administrator shall have the right to inspect the premises upon reasonable notice to the owner. Section 5: Section 240-97 of the Town Code shall be amended to read as follows: § 240-97. 6 Use Minimum Number of Off -Street Parking Spaces 1-family and 2-family 2 for each dwelling unit, plus 1 for any accessory dwellings apartment (associated with a 1-family dwelling) Section 6: The Schedule of Use Regulations for Residential Districts shall be amended to read as follows: Schedule of Use Regulations — Residential Districts R-80 R-40/80 R-40 R-20/40 R-20 R-15 RMF-3 Uses R-10 R-2F RMF-5 Accessory apartments (§ 240-53) PA PA2 PA2 2 Permitted only in connection with a one -family dwelling unit. Section 7: The Schedule of Use Regulations for Nonresidential Districts shall be amended to read as follows: Schedule of Use Regulations — Nonresidential Districts Uses HB MU HM NB GB CC SC HO HD COP AI PI PUD Accessory apartments § (240-53) PA Section 8. 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. 7 Section 9: 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 10: Effective Date This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Horne Rule Law. (Complete the certification in the paragraph that applies to the filing of this local law and strikeout that which is not applicable). 1. (Final adoption by local legislative body only). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of (Name of Legislative Body) was duly passed by the on 2005, in accordance with the applicable provisions of law_ 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*. I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) and was deemed duly adopted on 2005, in accordance with the applicable provisions of law. 3. (Final adoption by referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative 8 Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005_ Such local law was submitted to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general) (special) (annual) election held on 2005, in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the (County) (City) (Town) (Village) of was duly passed by the (Name of Legislative Body) on 2005, and was (approved) (not approved) (repassed after disapproval) by the (Elective Chief Executive Officer*) on 2005. Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 2005, in accordance with the applicable provisions of law. *EIective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition). I hereby certify that the local law annexed hereto, designated as local law No. of 2005 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Horne Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 2005, became operative. 6. (County local law concerning adoption of Charter). I hereby certify that the Iocal law annexed hereto, designated as local law No. of 2005 of the County of State of New York, having been submitted to the electors at the General Election of November 2005, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. 9 If any other authorized form of final adoption has been followed, please provide an appropriate certification). I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. Clerk of the County legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) Date: - (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality). STA I'.h OF NEW YORK COUNTY OF I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County City of Town Village Date: sadocuments\docs215001wappinger\accessory aptslaccapts-pll.lkb.doc 10 5/17/05 RESOLUTION NO. 2005- TOWN OF WAPPINGER TOWN BOARD RE: PROPOSED LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS — INTRODUCTION OF LOCAL LAW NO. OF 2005 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 the 23rd day of May 2005 at 7:30 P.M. The meeting was called to order by Supervisor Joseph Ruggiero, and upon roll being called, the following were: PRESENT: Supervisor - JOSEPH RUGGIERO CounciImembers - ROBERT L. VALDATI VINCENT F. BETT INA JOSEPH PAOLONI MAUREEN MCCARTHY ABSENT: The following resolution was moved by Councilmember and seconded by Councilmember WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Code, Section 240-53 of the Town of Wappinger Zoning Law, should be amended, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking (the "Proposed Action"); and Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory Apartments Resolution of Introduction WHEREAS, the Town Board determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 2005 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law and Subdivision Regulations as originally adopted and amended from time to time thereafter are to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed amendments to the Town Code. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 2005 for 7:30 PM on the day of , 2005 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 2 of 3 Proposed Local Law Amending Section 240-53 of the Zoning Law with Respect to Accessory Apartments Resolution of Introduction 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 question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: JOSEPH RUGGIERO voting ROBERT L. VALDATI voting VINCENT F. BETTINA voting JOSEPH PAOLONI voting MAUREEN MCCARTHY voting The resolution is hereby duly declared adopted. Dated: , 2005 Wappingers Falls, New York GLORIA MORSE Town Clerk Town of Wappinger s:Idocuments\docs215001wappinger'+accessory aptstaccapts.prnintro.Ikb.doc 3 of 3 NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN ZONING CODE TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a Public Hearing on the day of 2005, at 7:30 PM at the Town Hall, 20 Middlebush Road, Wappinger, New York at which time, all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger should amend Section 240-53 of the Town of Wappinger Zoning Law, the most significant proposed change to the existing regulations being that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector; along with other more substantive changes including: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking PLEASE TAKE FURTHER NOTICE that Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"). PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing to be held on the adoption of the proposed amendments. PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed amendments will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER Gloria Morse Town Clerk s:\documents\docs215001wappinger\zone amendmentslphwaive_subreg.phn.lkb.doc 14-16-2(9/95)-7c SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: IN Part 1 • Part 2 0 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonable determined by the lead agency that O A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. O B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared_* O C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. • A Conditioned Negative Declaration is only valid for Unlisted Actions Local Law Amending Section 240-53 of the Town of Wappinger Town Code with Respect to Accessory Apartments Name of Action Town of Wappinger Town Board Name of Lead Agency Joseph Ruggiero Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of ResponWk Officer Lawrence K Bice Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) May 17, 2005 Date • 1 PART 1 - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and saecifv each instance. NAME OF ACTION Local Law Amending Section 240.53 of the Town of Wappinger Town Code with Respect to Accessory Apartments LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wappinger, Dutchess County NAME OF APPLICANT/SPONSOR Town of Wappinger Town Board BUSINESS TELEPHONE (845) 297-2744 ADDRESS Town Hall, 20 Middlebush Road, P. O. Box 324 CITY/PO Wappinger STATE ZIP CODE N.Y. 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION: ** SEE ATTACHMENT ** Please Complete Each Question - Indicate N.A. if not applicable A. Site Description ** NOT APPLICABLE - SEE ATTACHMENT Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑Industrial ❑ Commercial 17 Residential (suburban) 0 Rural (non -farm) ❑ Forest 0 Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Article 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, Buildings and Other Paved Surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage 0 Well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are NYS Land Classification System? acres. (See 0 Moderately well drained % of site classified within soil group 1 through 4 of the 1 NYCRR 370) 2 4. Are there bedrock outcroppings on the project site? D Yes ❑ No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: D 0-10% % D 10-15% ❑ 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes D No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? D Yes 0 No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal or sole source aquifer? D Yes D No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes D No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? D Yes D No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑ Yes ❑ No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes 0 No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes D No a. If Yes, does sufficient capacity exist to allow connection? b. If yes, will improvements be necessary to allow connection? D Yes ❑ No 0 Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25-AA Section 303 and 304? 0 Yes 0 No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes 0 No 20. Has the site ever been used for the disposal of solid or hazardous waste? 0 Yes 0 No B. Project Description ** NOT APPLICABLE, EXCEPT #24 AND #25 - SEE ATTACHMENT ** 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d_ Length of project, in miles (if appropriate) e_ If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h_ If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? length_ 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? 0 Yes 0 No 0 N.A. a. if yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ❑Yes 0 No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated b. Anticipated date of commencement phase 1 c_ Approximate completion date of final phase (number)_ month year, (including demolition). month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes 0 No 9. Number of jobs generated: during construction ; after project is complete 10_ Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? 0 Yes ❑ No if yes, explain 12. Is surface liquid waste disposal involved? 0 Yes 0 No a_ If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13_ Is subsurface liquid waste disposal involved? ❑ Yes 0 No Type 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes 0 No Explain 15. Is project or any portion of project located in a 100 year flood plain? 0 Yes 0 No 16. Will the project generate solid waste? 0 Yes 0 No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes 0 No c. If yes, give name ; location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? 0 Yes 0 No e. If Yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes a. If yes, what is the anticipated rate of disposal? b_ If yes, what is the anticipated site life? 18. Will project use herbicides or pesticides? 0 Yes 0 No 19. Will project routinely produce odors (more than one hour per day?) 0 Yes 0 No 20. Will project produce operating noise exceeding the local ambient noise levels? 21 _ Will project result in an increase in energy use? 0 Yes 0 No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? 0 Yes •No If yes, explain ❑ No tons/month. ❑ Yes ❑ No years. 4 25. Approvals Required: Town Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies • Yes ❑ No ❑ Yes ■ No ❑ Yes ■ No ❑ Yes ■No ❑ Yes •No ❑ Yes ■ No ❑ Yes ■ No ❑ Yes •No Submittal Type Date Local Law Amending Section 240-53 of the Town of Wappinger Town Code with Respect to Accessory Apartments C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? • Yes 0 No If yes, indicate decision required: • zoning amendment 0 zoning variance 0 special use permit ❑ subdivision 0 site plan ❑ newlrevision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? N.A. 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N.A. 4. What is the proposed zoning of the site? N.A. 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N.A. 6_ Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes ❑No 7. What are the predominant land use(s) and zoning classification within a 114 mile radius of proposed action? N.A. 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? •Yes ❑ No 9_ If the proposed action is the subdivision of land, how many lots are proposed? N.A. a_ What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ■ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? 0 Yes • No a. If yes, is existing capacity sufficient to handle projected demand? 0 Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes ■No a. If yes, is the existing road network adequate to handle the additional traffic? °Yes DNo D. Informational Details - SEE ATTACHMENT Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. ApplicantISponso+ ame T ofppinger Town Board Date May 17, 2005 Signature Title Associate - Frederick P. Clark Associates, Inc Lawrence K. Bice 5 Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expected to be an expert environmental analyst. • Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The responses are generally applicable throughout the State and for most situations_ But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. •In identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2_ Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2_ If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? • NO ❑ YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles_ • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ■NO 0 YES • Specific land forms: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change 0 0 OYES ❑ NO ❑ 0 OYES ❑ NO 0 0 OYES ❑ NO 0 0 OYES ❑ NO D ❑ DYES ❑ NO ❑ 0 DYES D NO 0 0 OYES ❑ NO 0 ❑ OYES ❑ NO 0 0 OYES ❑ NO 0 ❑ DYES D NO 6 IMPACT ON WATER 3. Wilt proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) •NO D YES Examples that would apply to column 2 • Developable area of site contains a protected water body. • Dredging more than 100 cubic yards of material from channel of a protected stream. • Extension of utility distribution facilities through a protected water body. • Construction in a designated freshwater or tidal wetland. • Other impacts: 4. Will proposed action affect any non -protected existing or new body. of water? ■ NO ❑ YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. • Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? •NO 0 YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. • Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater. • Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per day_ • Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: fi_ Will proposed action alter drainage flow or patterns, or surface water runoff? •NO ❑ YES Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. • Proposed Action will allow development in a designated floodway. • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change 0 ❑ ❑ 0 0 0 ❑ 0 ❑ ❑ ❑ 0 ❑ 0 ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ ❑ OYES ❑ NO OYES ❑ NO OYES OYES OYES ❑ NO ❑ NO D NO OYES ❑ NO OYES ❑ NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ NO DYES Q NO DYES ❑ NO OYES 0 NO DYES 0 NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO 7 IMPACT ON AIR 7_ Will proposed action affect air quality? ■ NO El YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. • Proposed Action will result in the incineration of more than 1 ton of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed to industrial use. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? • NO 0 YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? •NO 0 YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? • NO D YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc. • Construction activity would excavate or compact the soil profile of agricultural land. • The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ 0 DYES ❑ NO ❑ 0 OYES ❑ NO ❑ D OYES ❑ NO ❑ 0 OYES D NO ❑ 0 DYES ❑ NO ❑ ❑ DYES ONO ❑ 0 OYES ❑ NO D ❑ DYES ❑ NO 0 0 DYES ❑ NO ❑ 0 DYES ❑ NO ❑ 0 OYES D NO ❑ 0 OYES ❑ NO ❑ 0 OYES ❑ NO ❑ 0 OYES D NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES D NO D ❑ DYES D NO 8 IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ENO ❑ YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project Components that will result in the elimination or significant screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12_ Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ENO ❑ YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to any facility or site listed on the State or National Register project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site inventory. • Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ■ NO D YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? •NO 0 YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 1 Small to Moderate Impact 0 0 ❑ ❑ ❑ 2 Potential Large Impact ❑ 0 0 0 0 ❑ ❑ 0 0 0 ❑ ❑ 3 Can impact Be Mitigated By Project Change OYES ONO OYES ❑ NO OYES D NO DYES 0 NO DYES O. NO OYES ❑ NO OYES 0 NO DYES ❑ NO OYES ❑ NO OYES ❑ NO DYES ❑ NO DYES D NO DYES ❑ NO DYES ❑ NO DYES ❑ NO 9 IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ■ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. • Proposed Action will result in major traffic problems. * Other impacts: IMPACT ON ENERGY 16_ Will proposed action affect the community's sources of fuel or energy supply? ■ NO 0 YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? • NO 0 YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other impacts: IMPACT ON PUBLIC HEALTH 18_ Will Proposed Action affect public health and safety? • NO ❑ YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission_ • Proposed Action may result in the burial of "hazardous wastes" in any form (Le. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) ► Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids_ • Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste_ • Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19_ Will Proposed Action affect the character of the exilling community? ENO ❑ YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 1 Small to Moderate Impact ❑ D ❑ Q Q ❑ ❑ Q D ❑ 2 Potential Large impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ 0 0 0 3 Can Impact Be Mitigated By Project Change OYES 0 NO OYES D NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO OYES ❑ NO O YES ❑ NO OYES ❑ NO O YES ❑ NO OYES ❑ NO DYES ❑ NO AYES 0 NO DYES ❑ NO OYES 0 NO OYES ❑ NO OYES 0 NO OYES ❑ N O OYES ❑ NO 10 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ENO ❑ YES J:\DOCS215O01WappingerlAccessory AptslAssessoryApts.EAF_euk.doc 11 ATTACHMENT FULL ENVIRONMENTAL ASSESSMENT FORM LOCAL LAW AMENDING SECTION 240-53 OF THE TOWN OF WAPPINGER ZONING LAW WITH RESPECT TO ACCESSORY APARTMENTS ADDENDUM TO PART 1 OF EAF Part 1.A - Site Description The Proposed Action involves the adoption of a Local Law amending Section 240-53 of the Town's Zoning Law with Respect to Accessory Apartments. The Proposed Action does not directly involve site -specific construction or development activity. Part 1.B - Project Description The Proposed Action does not directly involve site -specific construction or development activity. As a result, Part 1.B of this EAF is not applicable, except as noted therein with respect to Questions #24 and #25_ Part 1.D - Informational Details The purpose of the proposed Local Law is to amend Section 240-53 of the Town of Wappinger Zoning Law with respect to Accessory Apai uuents. The most significant proposed change to the existing regulations is that applications for accessory apartments will no longer come before the Planning Board, but, rather, will be processed by the Zoning Administrator and the Building Inspector. Other more substantive changes include: the elimination of a minimum lot size requirement; allowing accessory apartments in accessory buildings (provided the accessory building meets the required setbacks for the principal building); lifting the prohibition against accessory apartments in principal dwellings that already contain boarders, a home occupation, or a professional home office; and adjustments and clarifications to various requirements including dwelling unit size, access, and parking In addition to the changes described above, there are a number of other changes which mainly consist of reorganization and clarification of existing regulations and policies The Proposed Action does not propose construction or development activities for any site within the Town of Wappinger, and will not result in any significant adverse environmental impacts. 12 ADDENDUM TO PART 2 OF EAF The proposed local law is not expected to result in any significant adverse impacts on the environment. More specifically: • The Proposed Action will not directly result in any physical changes to any properties. The Proposed Action will not have a significant adverse environmental impact on any Critical Environmental Area (CEA). • The Proposed Action will not have a significant adverse environmental impact on any unique or unusual land forms. • The Proposed Action will not have a significant adverse environmental impact on any water body designated as protected. • The Proposed Action will not have a significant adverse environmental impact on any non -protected existing or new body of water. • The Proposed Action will not have a significant adverse environmental impact on surface or groundwater quality or quantity. • The Proposed Action will not have a significant adverse environmental impact on or alter drainage flows or patterns, or surface water runoff. • The Proposed Action will not have a significant adverse environmental impact on air quality. • The Proposed Action will not have a significant adverse environmental impact on any non -threatened or non -endangered species. The Proposed Action will not have a significant adverse environmental impact on any threatened or endangered species. • The Proposed Action will not have a significant adverse environmental impact on agricultural land resources. • The Proposed Action will not have a significant adverse environmental impact on aesthetic resources. 13 The Proposed Action will not have a significant adverse environmental impact on any site or structure of historic, prehistoric or paleontological importance. • The Proposed Action will not have a significant adverse environmental impact on the quantity or quality of existing or future open spaces or recreational opportunities. • The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. • The Proposed Action will not have a significant adverse environmental impact on the community's sources of fuel or energy supply. • The Proposed Action will not have a significant adverse environmental impact as a result of objectionable odors, noise or vibration. • The Proposed Action will not have a significant adverse environmental impact on the public health and safety. The Proposed Action will not have a significant adverse environmental impact on the character of the existing community. S:IDocumeuts\DOCS2l5001WappingerlAccessory AptsAAssessoryApts.EAFattach.euk.doc 14 ARTICLE II, ;" ¢Fy n°i i in One -Family Dwellings [Adopted 6-20- 1995 as L.L. No, 14-1995 E" § 153-12. Intent. A. This article is to amend the existin• Town ordinances and regulations which do not address the illegal s � g q, � � � � s situation. Records on file indicated that there are numerous illegals °s o :: in the Town. The Planning Department estimates that between 10% and 20% of what seemin_1 are one -family dwellings are really one -family dwellings with $�:�',�6s„o, eP_��a��ti . It is to be noted that economic reasons are causing many one -family homeowners to add o their one -family dwellings. B. It is the . .ose of this article to encourage the residents of our community who require o legally remain in the Town of Babylon. In addition, this article will provide for the im.roved safe and physical appearance of the one - family dwellings with, fur' ' and the surrounding neighborhoods. Its purpose is also to further preserve the one -family residential character of the Town and to continue to protect the health, welfare and safety of the general public. C. It is the intent that any approved accessory apartment permits be for owner - occupied homes since the Division of Building in the Department of Planning and Development has found that absentee -landlord two-family homes disproportionately make up 50% of all two-family home building complaints received, even though only 10% of the two-family homes are owned by absentee landlords. D. It is further recognized that many holders of .:7« =a° I 'tchen .ermits have legally converted their homes to one -family dwellings with = <° a„� . It is therefore necessary to review all such applications for the purpose of determining the true intent of the applicant and to regulate the use of the premises. § 153-13. Definitions. [Amended 7-16-2002 by L.L. No. 17-2002] As used in this chapter, the following terms shall have the meanings indicated: ACCESSORY APARTMENT -- An additional self-contained dwelling unit which is incorporated within a one -family dwelling: ACCESSORY KITCHEN -- A one -family dwelling which has more than one cooking area, but which contains only one dwelling unit. BASEMENT -- That space of a building that is partly below grade, which has more than half its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. CELLAR -- That space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING UNIT -- An area of a building designated for and/or occupied as a home or residence containing not more than one cooking area. FAMILY -- A single person or collective group of persons related by kinship, adoption, blood or marriage, or the functional and factual equivalent of a natural family, living together under the same roof and cooking together as a single housekeeping unit in a common household whose relation is of a permanent and distinct domestic character. The "fiznctional and factual equivalent of a natural family" is hereby defined as a single housekeeping unit bearing the generic character of a family unit as a relatively permanent household, not a framework for transients or transient living, leading a stable, nonprofit, family -like existence, headed by a householder as one would likely find in a biologically unitary family; in every sense but a biological one it must function as a stable, single-family unit, albeit occasionally changing in composition as a natural family might and does. ILLEGAL TWO-FAMILY DWELLING -- Any residence without an accessory apartment permit or accessory kitchen permit that may contain any combination of two or more cooking areas and/or two or more distinct dwelling units being accessible by separate doors in a home possessing a certificate of occupancy for a one -family dwelling. OCCUPANT -- A natural person who uses the premises as his/her principal residence. OWNER -- A natural person who is an owner in fee simple or of a life estate of at least an undivided thirty-three and one-third percent (331/3%) interest in the premises as recorded in the office of the Suffolk County Clerk or Suffolk County Registrar, as applicable. TWO-FAMILY DWELLING -- A building designed for and legally occupied exclusively as a home or residence for two families It includes two legally defined dwelling units. § 153-14. Accessory Apartment Review Board; issuance of special permit. [Amended 7-9-1996 by L.L. No. 14-1996; 12-22-1998 by L.L. No. 15-1998; 10-7- 2003 by L.L. No. 23-2003] The Two -Family Review Board created by L. L. No. 9-1979, adopted November 20, 1979, and amended by L. L. No 8-1992 on September 15, 1992, is now known as the "Accessory Apartment Review Board" and shall consist of nine members who shall be appointed by and serve at the pleasure of the Town Board. The nine -member Accessory Apartment Review Board (sometimes referred to in this article as the "Board") shall henceforth hear all accessory apartment permit applications and renewal of accessory kitchen permit applications and make a final determination as to whether the applicant should be granted any such permit. It shall be a violation to have an accessory kitchen in any premises without a permit or with an expired permit. A. Before such approval shall be given, the Board shall determine: (1) That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. (2) That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. (3) That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. (4) That the use will be in harmony with and promote that general purpose and intent of this article. B. In making such determination, the Board shall also give consideration, among other things, to: (1) The character of the existing and probable development of uses in the district and the peculiar suitability of such districts for the location of any of such permissive uses. (2) The conservation of property values and the encouragement of the most appropriate uses of land. (3), The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways. (4) The necessity for space for the purpose of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had. (5) Whether the use or the structures to be used therefor will cause an overcrowding of the land or undue concentration of population. (6) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operationand expansion thereof. C. The Board shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this article. D. No new permits for accessory kitchens shall be granted. Notwithstanding the foregoing, the Board, in determining whether a permit for an accessory kitchen should be renewed, shall consider the likelihood and feasibility of illegally converting the dwelling to a one -family dwelling with an accessory apartment. § 153-15. Term of permit; reapplication; revocation. jAmended 2-8-2005 by L.L. No. 2-20051 A. The special permits under this article can be granted by the Board for a minimum of a two-year period and a maximum of a three-year period. At least 90 days prior to the expiration of the permit period, the applicant may apply for a renewal of the permit. The Board, in its discretion, may refuse to renew a permit where there are any violations by the applicant of the Town Code relating to the permits herein. Additionally, the Board may alter or revise the criteria, conditions or restrictions of a previously issued permit. B. All permits granted under this article shall terminate immediately upon any of the following events: (1) The death of all owner -occupants named on the permit. (2) When all persons named on the permit are no longer owner -occupants. C. Notwithstanding the foregoing, a permit may be transferred to a purchaser of the dwelling within 30 days of transfer of title of the property, provided that the purchaser executes and submits to the Commissioner of Planning and Development the following legal documents and information: (1) Affidavit of transfer on a form to be provided by the Commissioner of Planning and Development. (2) Copy of executed contract. (3) Copy of deed in form for filing with the Suffolk County Clerk's office. D. Upon payment of the required fee and fulfillment of the above requirements, the permit shall be transferred for a term commencing from the date of conveyance of title and expiring three years thereafter. E. The purchaser shall thereafter submit to the Commissioner of Planning and Development a copy of the recorded deed with liber and page of the Suffolk County Clerk within six months of application. Failure to submit a copy of the recorded deed may render the transfer of the permit null and void. F. All permits granted under this article may be revoked by the Board upon application of the Town Attorney's office for any of the following reasons: (1) Failure to maintain the necessary requirements as outlined in this chapter; or occurrence 'of unlawful activities at or about the premises; or (2) There is obstruction of vehicular or pedestrian traffic due to vehicles from or at the premises; or (3) Existing violations of the Babylon Town Code on the premises; or (4) When violations of any federal, state or local law exist on the premises. TOWN OF BABYLON DEPARTMENT OF PLANNING & DEVELOPMENT 200 East Sunrise Highway Lindenhurst, NY 11757-2598 Phone (631) 957-3102 Fax (631) 957-4254 GENERAL INFORMATION_AND INSTRUCTIONS An Accessory Apartment Permit may be transferred to a purchaser of a dwelling within 30 days of transfer of title provided the purchaser submits the attached application and necessary documents to the Department of Planning and Development. The items listed below must be submitted with the cnmpI ti ji application 1. Contract A copy of the executed contract of sale 2. Deed/Owner's Duplicate Certificate of Title A copy of the deed in form for filing with the Suffolk County Clerk's office 3. Two self-addressed, stamped envelopes 4. Fee (non-refundable) - $200.00 ($75.00 for senior citizens over age 65 — proof of age must be provided) If paying by check, make payable to the Town of Babylon. AODITIONAI RF131.1IRFMFNTR The new owner shall submit the following items within six mnnths of the Affidavit of Transfer application (failure to submit these documents may render the transfer of the permit null and void): 1. Deerl/Owner's Duplicate Certificate of Title A copy of the recorded deed showing the liber and page numbers or a certified copy of the Owner's Duplicate Certificate of Title. 2. Three proofs of residence Three proofs of residence are required showing that you, the owner, live in the dwelling. Utility bills, LIPA or water, are not acceptable. Any three of the following items are acceptable: a. Current telephone bill d. Cablevision bill /Direct TV bill b. Bank account statement e. Sworn affidavit from 3 adjoining c. Credit card statement neighbors (signed and notarized) 3. Driver's license or Motor Vehicle_non-driver photograph ID The ID must have the new address 4. Inspection of Premises An inspection of the dwelling and apartment is required and will be scheduled when the completed Affidavit of Transfer application is submitted. PLEASE CALL (631) 957-7468 OR 957-3102 TO SCHEDULE APPOINTMENT TO SUBMIT YOUR APPLICATION PaaeIof1 1 GENERAL PROCEDURE Call (631) 957-3102 or 957-7468. The application and required documents will be reviewed on your scheduled date. 2. An inspection date will be scheduled for a Building Inspector to inspect both apartments in your residence. The Town is required to inspect the owner's apartment and the rental unit (including attics, basement, cellar, etc.). All structures on the property must also be inspected - garages, sheds, decks, pool, etc. Both the owner's apartment and the rental unit must be available for inspection Monday through Friday from 9:30 a.m. to 3:30 p.m.; if the inspector cannot gain entry to the premises on the scheduled_ date, a $50 00 re -inspection fee will be charged 3. If the dwelling fails inspection, all violations must be corrected and another inspection must be scheduled. If you schedule an inspection and previously cited items have not been corrected, you will be charged a $50.00 re -inspection fee. 4. Upon fulfillment of all requirements, the permit shall be transferred for a three year term commencing from the date of conveyance of title. NOTES: 1. The following structures/improvements require a building permit. If you do not have a building permit, you will be required to obtain one prior to getting an accessory apartment permit: - Awning patio roof Cellar entrance - Decks (18" above grade) - Doll houses Dormer Dwelling - Extensions - Fences - 5' and 6' (depending upon location) - Finished basement Garage Garage conversion Gazebo - Outside second story deck and stairway - Pools (inground or above ground) Sheds (depending upon size and location) 2. A plumbing permit is required for replacement of a boiler or a hot water heater. Paae 2 of 2 ACCESSORY APARTMENT REQUIREMENTS 1. Dwelling must be three (3) years old with owner occupancy. 2. A minimum of three hundred and fifty (350) square feet of habitable space for each unit. No rental unit may be contained in any other building or structure other than the main dwelling. 3. All rooms must have 80 square feet of habitable area. 4. One of the units in the dwelling must have no more than two (2) bedrooms. 5. Handrails on all stairways. 6. Stairways between units or hallway and over boiler must have 3/4 hour fire rated sheetrock. 7. One front door. 8. Electric smoke detector is required for each hallway outside bedrooms; battery operated smoke detectors are required in each bedroom. If applicable, a battery operated smoke detector is required in the cellar or basement. 9. Solid core door assembly in each apartment entry (wood or metal). Raised panel doors are not acceptable. 10. Ceiling height must be a minimum of T-6". 11. Minimum of four (4) parking stalls (asphalt, concrete or decorative stone). 12. Exterior of house must be in good condition and free of debris. 13. Section 505 - Premises Identification: 505.1 Address numbers. New and existing building shall have approved address numbers, building numbers or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7). 14. A two family dwelling must comply with all requirements of the New York State Building Code and all the laws and housing requirements of New York State and the Town of Babylon and be maintained in a neat and orderly manner. WHAT YOU SHOUI D KNOW ABOUT AN ACCFSSORY APARTMFNT PFRMIT 1. Itiiis a temporary exemption from the Town of Babylon zoning laws. It is not a guaranteed right and is renewable upon expiration. 2. The perm t is granted, at the Board's discretion, for a maximum of three years. 3. To qualify, you must maintain this address as your primary residence. 4. If you move or sell the residence, the permit may be transferred to the purchaser of the dwelling, provided the purchaser executes and submits to the Commissioner of Planning and Development the proper application and legal documents. 5. Three months prior to the expiration date, you must reapply for the Accessory Apartment permit or remove the second kitchen and call for an inspection. You will be sent a renewal notice. 6. You must provide sufficient off street parking. 7. You must meet a number of very specific fire and structural requirements. Paae 3 of 3 Town of Babylon Department of Planning and Development 200 East Sunrise Highway, Lindenhurst, NY 11757-2598 Phone No. (631) 957-3102 Fax No. (631) 957-4254 APPLICATION FOR AFFIDAVIT OF TRANSFER FOR ACCESSORY APARTMENT PERMIT FOR OFFICE USE ONLY Y SCTM #0100- Zoning Districts: PTS AppL # COP Date Amount Receipt # $ A o� x 9E 1 1 Driver/Non-Driver ID m T: ag Tie !, ccE' [ ] Credit Card Statement [ ] Current Telephone Bill [ ] Cable/Direct TV Bill [ ] Bank Account Statement [ ] Neighbor Affidavits (3) ,3 a c•�.. ,< ti,6.�.w::"-r3fipr- ,& 5^ .£:i yC e� F ¢��..d . ra-:.."sztx'.$,:-:..x •aY� .£. ��.��e^v eaa s' u�- a ' ° � <? : ¢i9 n•. .:j. ,fsP. .Ygf 3 ..9 :.} « Laky-YC$.,e 1§},f ' °t E a, ...« . ¢, m€fa .i' lff 8. B`" 1,' 'i� �R$'' ` qpy 'i?#":i. P.Byu , gx;gygy Y4�::.: "t°Yn.if:�¢' a.6y�P�6lY'y�°f §? iFbtd9i"�P.]°<'.�E4�:&6fFY�.,�e4v°Pw ..b.$`v�:. °" �Lii«EB"���Sa.I�m'.'.Y.'�` Owner's Name: Owner's Address: Home Telephone: Business Telephone: Fax Number: p. xa . e Y g 9 ¢ j,t�ss ¢, a°$4' . ".( «. E§? nn •4i�4:'�'°°` ,,q r avi .a iZs�`„38 4i`]E. "'k kFib ,> m� @yg^ C 9 ;,.,t .�9¢?yY�. .Z@ ? ;�,�¢9 i�sslh €$8n N fl Sfl L°°ix ... . , .o- xi.:, 1�i¢%^ e3..� 9 . .' F LH?iE. ' dx 1�a's �Btlp Y 11aa E liv9 ntt°3 t•.°vu:m�$.i'i Mid a .k`. 9 ... @ 4 r¢:!'� �[ ' sp <}� �Y' "ae�!9a.^°°'`]'tvµ.,•i65S�d"�aS=yp�a. 3; �y� { �}_re_ , 3ffi . a lkb 9dd6 ide,X''4 ^3» £«". §�a$ wii �'eie:.:r:i :i�x; $.'�: G" :m&a_ n"a. s a,ae��c, ., it nZ+w � q % of Ownership: Total # of cars (both units): Age of house: Are your tenant's related to you? 0 Yes 0 No If yes, state relationship: I consent to an inspection of the premises? Yes El No PREVIOUS Owner's Name: I (we), the owner(s) of the dwelling, swear under penalty of perjury that the following is true: ▪ I (we) reside at the address shown above. • 1 (we) own the percentage of this property as stated above. ▪ TO documents, survey and plans submitted as part of the application are true and accurate for the subiect premises. Sworn to before me this day of , 200, Notary Public Owner's Signature ACCESSORY APARTMENT REQUIREMENTS 1. Dwelling must be three (3) years old with owner occupancy. 2. Aplumbing permit is required for the sink in a new second kitchen or may be required to legalize an existing sink in the second kitchen. You will be notified if a plumbing permit is necessary. 3. A minimum of three hundred and fifty (350) square feet of habitable space for each unit. No rental unit may be contained in any other building or structure other than the main dwelling. 4. All rooms must have 80 square feet of habitable area. 5. One of the units in the dwelling must have no more than two (2) bedrooms. 6. Handrails on all stairways. 7. Stairways between units or hallway and over boiler must have 3/4 hour fire rated sheetrock. 8. One front door. 9. Battery -operated smoke detectors are required in each bedroom. Electrically hardwired smoke detectors are required for any hallway leading to a bedroom. One battery -operated smoke detector for each level of the dwelling including the basement/cellar and attic. 10. Solid core door assembly in each apartment entry (wood or metal). Raised panel doors are not acceptable. 11. Ceiling height must be a minimum of 7'-6". 12. Minimum of four (4) parking stalls (asphalt, concrete or decorative stone). 13. Exterior of house must be in good condition and free of debris. 14. Section 505 - Premises Identification: 505.1 Address numbers. New and existing building shall have approved address numbers, building numbers or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inch (12.7). 15. A single family dwelling with an accessory apartment must comply with all requirements of the New York State Building Code and International Building Code and all the laws and housing requirements of New York State and the Town of Babylon and be maintained in a neat and orderly manner. WHAT YOU SHOULD KNOW ABOUT AN ACCESSORY APARTMENT PERMIT 1. it is a temporary exemption from the Town of Babylon zoning laws. It is not a guaranteed right and is renewable upon expiration. 2. The permit is granted, at the Board's discretion, for a maximum of three years. 3. To qualify, you must maintain this address as your primary residence. 4. If you move or sell the residence, the permit may be transferred to the purchaser of the dwelling, provided the purchaser executes and submits to the Commissioner of Planning and Development the proper application and legal documents within 30 days of the transfer. 5. Three months prior to the expiration date, you must reapply for the Accessory Apartment permit or remove the second kitchen and call for an inspection. You will be sent a renewal notice. 6. You must provide sufficient off street parking. 7. You must meet a number of very specific fire and structural requirements. Page 3of4