2024-1282024-128
Resolution Referring Application To Planning Board Conservation Corners
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 May 13,
2024.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2024-128
Yes/Aye
No/Nay
Abstain
Absent
❑ Adopted
Q Adopted as Amended
Joseph D. Cavaccini
Voter
❑
Q
❑
❑
❑ Defeated
William H. Beale
Voter
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Seconder
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Mover
Q
❑
❑
❑
Al Casella
Voter
Q
❑
❑
❑
The following Resolution was introduced by Councilman Phillips and seconded by
Councilwoman Bettina.
WHEREAS, the Town Board is in receipt of a certain application for a Conservation Subdivision
from Mid -Hudson Development Corp. for the development of certain premises known as Tax
Map Parcel 6257-03-247036-0000 pursuant to Section 240-19B of the Wappinger Town Code
known as Conservation Corners (previously known as Joey Estates) (the "Application"); and
WHEREAS, the Applicant proposes 66 residential units consisting of 22 single family dwelling
units on individual parcels, 44 dwelling units in 11 townhouse style buildings on a single parcel
(all units proposed to be supplied by private water and sewer service), which lot count is a
preliminary determination to which the Town, the Town Board and the Planning Board are not
beholden to, and open space parcels which use shall be determined by the Town Board to be
owned by a homeowner's association and which parcels shall contain easements for community
rights so as to benefit from the beauty of the open spaces; and
WHEREAS, the Applicant acknowledges that the Town of Wappinger Comprehensive Plan
included a goal to improve housing choice in the Town by encouraging a balance of housing
types and sizes. That goal also included that new higher density development be made in
existing areas that can be most economically served by existing roads, utilities, and community
facilities; and
WHEREAS, the Town Board has been requested by the Applicant to refer the Application to the
Planning Board for review in anticipation of a future request to the Town Board pursuant to
§240-19B to permit the Planning Board to modify the zoning regulations in the district with
respect to lot area and dimensions pursuant upon such conditions as the Town Board may
impose; and
WHEREAS, the Town Board has conducted an initial review of the Application and advised the
Applicant that it prefers that the premises to be developed under the underlying district
regulations for single family residential development for consistency with the surrounding
developments, and
WHEREAS the Application still contains a mixture of single-family units and town house units
and proposes a future connection to the Town's water district; and
WHEREAS, the Applicant has previously acknowledged that regarding future water and sewer
connections, the Town's Comprehensive Plan is clear that the goal was and is for the
development of a system of central utilities to address the needs of existing developed areas with
water supply and sewage treatment problems; and
WHEREAS, inherent in the overall process is compliance with SEQRA, which, notwithstanding
the sequence of the procedures set forth in Section 240-19B, would need to be completed prior to
any authorizations to be made by the Town Board for the conservation subdivision; and
NOW, THEREFORE, BE IT RESOLVED, that the Application is hereby referred to the
Planning Board for conservation subdivision review and completion of SEQRA; and
BE IT FURTHER RESOLVED, that the referral to the Planning Board does not imply that the
Town Board will authorize the Planning Board to modify the zoning regulations in one -family
residence districts with respect to lot area and dimensions as they relate to the lots containing
multi -family units; and
BE IT FURTHER RESOLVED, that the Town Board has no present intention to permit a
connection to a Town water district and recommends that the Applicant causes the Application to
be processed without any proposal for a connection to the Town's water district; and
BE IT FURTHER RESOLVED, per 240-19B, that the Town Board's authorization of the
Planning Board to modify the zoning regulations in one -family residence districts with respect to
lot area and dimensions shall be upon such conditions as the Town Board may impose and that
the referral does not imply that the Town Board will authorize the use of 240-19B as they relate
to the lots containing detached units; and be processed without any proposal for a connection to
the Town's water district; and
BE IT FURTHER RESOLVED, that because other residential development projects similar in
size and scope to the Application have been submitted to the Town for review in the vicinity of
the Application, the SEQRA review of the Application should also include the impacts from
those other certain projects and vice versa.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED AS AMENDED [4 TO 11
MOVER: Christopher Phillips, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: William H. Beale, Angela Bettina, Christopher Phillips, Al Casella
NAYS: Joseph D. Cavaccini
Dated: Wappingers Falls, New York
5/13/2024
Amended.
The Resolution is hereby duly declared Adopted as
JOS9Pj4 P. PAOLONI, TOWN CLERK