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2022-169 2022-169 Resolution Adopting Local Law No. 1 Of 2023 "A Local Law to Eliminate the Authority For Designed Residential Developments in the Town of Wappinger." At a Reorganization Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 9, 2023. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2022-169 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter Q ❑ ❑ ❑ Q Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Next:1/23/23 7:00 PM Al Casella Mover Q ❑ ❑ ❑ The following Resolution was introduced by Casella and seconded by Councilman Phillips. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board is the sole agency having approval authority for the adoption of the Local Law and declares itself as the lead agency for the SEQR review of the project; and WHEREAS, a Public Hearing was held on December 12, 2022 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on December 12, 2022; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER", as Local Law 1 of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED,that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED,that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: RESULT: TABLED [UNANIMOUS] Next: 1/23/2023 7:00 PM MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 1/9/2023 The Resolution is hereby duly declared Tabled. JOSS P P. PAOLONI, TOWN CLERK 2022-169 Resolution Adopting Local Law No. 1 Of 2023 "A Local Law to Eliminate the Authority For Designed Residential Developments in the Town of Wappinger." At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 23, 2023. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2022-169 ❑ Adopted Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter 2 ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover 2 ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board is the sole agency having approval authority for the adoption of the Local Law and declares itself as the lead agency for the SEQR review of the project; and WHEREAS, a Public Hearing was held on December 12, 2022 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on December 12, 2022; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER", as Local Law 1 of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED,that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED,that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. At page 36,the 2010 Comprehensive Plan states: [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 1/23/2023 The Resolution is hereby duly declared Adopted as Amended. JOSS Pf t P. PAOLONI, TOWN CLERK 2022-169 Resolution Adopting Local Law No. 1 Of 2023 "A Local Law to Eliminate the Authority For Designed Residential Developments in the Town of Wappinger." At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January 23, 2023. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2022-169 ❑ Adopted Yes/Aye No/Nay Abstain Absent Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Voter 2 ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Mover 2 ❑ ❑ ❑ Al Casella Seconder Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Phillips and seconded by Casella. WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing a proposed Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER" for consideration by the Town Board; and WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, the Town Board is the sole agency having approval authority for the adoption of the Local Law and declares itself as the lead agency for the SEQR review of the project; and WHEREAS, a Public Hearing was held on December 12, 2022 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof, and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on December 12, 2022; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby adopts the Local Law entitled, "A LOCAL LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER", as Local Law 1 of 2023 a copy of which is attached hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED,that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law and the Zoning Map of the Town shall be amended to reflect the change; and BE IT FURTHER RESOLVED,that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The following was read into the record: After reviewing the 2010 Comprehensive Plan, the Town Board feels that the repeal of 240-50 and use of Conservation Subdivisions is the most appropriate method for achieving the affordable housing goals as set forth in the latest Comprehensive Plan. The 2010 Comprehensive Plan considered the Designed Residential Development provisions and suggested that it be changed and other provisions of the Comprehensive Plan recommended a different method to create affordable housing. At page 36,the 2010 Comprehensive Plan states: [T]the establishment of specific mapped affordable/workforce and senior housing overlay districts over a very limited number of single-family districts that would permit a developer to apply for density bonuses in exchange for providing affordable/workforce housing or senior housing in conservation/open space subdivisions on sites located within the districts. In these cases, development below the R-20 District requirements would not be permitted and the projects would each need to include a substantial open space component. The 2010 Comprehensive Plan at page 35 recommends amending 240-50 with a more streamlined approval process as well as enacting Conservation Subdivision provisions. The Conservation Subdivision provisions found at 240-19(B) are more streamlined than 240-50 and are part of the procedure for providing affordable housing set forth above. Conservation subdivisions permit up to four multifamily units per structure. In addition, the threshold criteria for 240-50 regarding collector roads are not consistent with the current Comprehensive Plan and 240-50 does not encourage development in existing centers where they can be served by existing roads, utilities and community facilities. Conservation subdivisions provide an alternative to provide affordable multifamily housing in a manner consistent with the Town's current Comprehensive Plan and gives the Town Board authority to focus the development into existing centers where there is sufficient infrastructure to support the development. The comments of Dutchess County Planning are noted, but it is the opinion of the Town Board that the Conservation Subdivision suggested by the 2010 Comprehensive Plan is a better alternative for advancing sustainable affordable housing in the Town of Wappinger. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 1/23/2023 The Resolution is hereby duly declared Adopted as Amended. JOSS Pf t P. PAOLONI, TOWN CLERK