2022-168 (2) 2022-168
Resolution Adopting Negative Declaration For Local Law No. 1 Of The Year 2023 Entitled
"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-2022-168
❑ Adopted Yes/Aye No/Nay Abstain Absent
Q Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑
❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑
Al Casella Mover Q ❑ ❑ ❑
The following Resolution was introduced by Casella and seconded by Councilman
Phillips.
WHEREAS, the Town Board is considering the adoption of a Local Law entitled "A LOCAL
LAW TO ELIMINATE THE AUTHORITY FOR DESIGNED RESIDENTIAL
DEVELOPMENTS IN THE TOWN OF WAPPINGER" 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
WHEREAS, the Town Board is the sole agency having authority to approve the Local Law and
as such is the lead agency; and
WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form
(FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental
impacts regarding said Local Laws; and
WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental
Assessment Form Parts 1, 2 and 3;
NOW, THEREFORE, BE IT RESOLVED,that the Town Board of the Town of Wappinger
hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding
that the proposed Local Law entitled "A LOCAL LAW TO ELIMINATE THE AUTHORITY
FOR DESIGNED RESIDENTIAL DEVELOPMENTS IN THE TOWN OF WAPPINGER"will
have no significant adverse impact upon the environment, and thereby ending the SEQRA
process with respect to said Local Law.
AND BE IT FURTHER RESOLVED,that the Town Clerk shall cause the Negative Declaration
to be circulated to the involved agencies and to have it published in the Environmental Notice
Bulletin as required by the SEQR regulations.
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: Al Casella, Councilman
SECONDER: Christopher Phillips, Councilman
AYES: Thurston, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
1/23/2023
The Resolution is hereby duly declared Adopted as
Amended.
JOSSP P. PAOLONI, TOWN CLERK