UntitledSUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
Commissioner Roger P. Akeley
Dutchess County Department of Planning
47 Cannon Street 12601
Poughkeepsie, N.Y.
Re: Amendments to the Town of
Wappinger Zoning Ordinance
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
April 7, 1987
Dear Commissioner Akeley:
The enclosed Amendments to the Zoning Ordinance were adopted
by the Town Board of the Town of Wappinger at their regular bimonthly
meeting held April 6, 1987.
The Town Board tabled action on Section 415.4 Satellite Dish
Antennas for further review and they will consider this amendment
at their next meeting on April 20, 1987.
Yours truly,
Elaine H. Snowden
Town Clerk
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SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N. Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
April 7, 1987
Town of Wappinger
Planning Board
20 Middlebush Road
Wappingers Falls, N.Y. 12590
Re: Amendments to the Town of
Wappinger Zoning Ordinance
Dear Board Members:
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
The enclosed Amendments to the Zoning Ordinance were adopted
at the regular meeting of the Town Board held April 6, 1987.
No action was taken on Section 415.4, Satellite Dish Antennas,
and this amendment will be considered at the next meeting after the
Town Board has had the opportunity to review it further.
ours trul ,
Elaine H. Snowden
Town Clerk
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SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
April 7, 1987
Memo To: Zoning Board of Appeals
Zoning Administrator
Building Inspector
From: Town Clerk's Office
Re: Amendments to Zoning Ordinance
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
The enclosed Amendments were adopted by the Town Board at their
regular bimonthly meeting held April 6, 1987.
There was no action taken on Section 415.4, Satellite Dish
Antennas, as the Board intends to give this amendment further
review and it will be considered at t ext meeting.
Elaine H. Snowden
Town Clerk
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The following re -solution was offered by COUNCILMAN FARINA
who moved its adoption:
1EREAS, this action is being treated as a direct action by the
Town Board, and
WfMER AS, the Board has prepared a long form environmental assessment
form indicating that each proposed Ordinance Amendment, and all of the
amendments considered together, would not have a significant effect on the
environment, and which indicates that a negative declaration with respect
to the action will be issued, and
it is in the public interest that each of these proposed
Zoning 07d nance Amendments and the long form environmental assessment form.
be set for a public hearing, and that the other requirements regarding passage
of -these Zoning Ordinance Amendments are met,
NOW, TT -=ORE, BE IT RESOLVED, that a public hearing on each of these
proposed Zoning Ordinance Anr..ndments and the long form environmental
assess::: -orm be set for Ag, -;1 6 i 9 B 7 at 7:00 P.M.
and that the Tom Clerk be authorized to post; publish and othern,Tise
distribute notice of said hearing as required by law.
Resolution Seconded.by Egne-visor Paino
The votes were as follows:
Councilman 'Farina: Ave
Councilman Valdati Ave
Coun:.-' Reis: Ave
Council= Alis Conti: Ave
Stimervisor Paino: Ave'
Whereupon, the resolution was declared adopted by the Tmm Board of the
Token of I appinger. .
P.O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590-0324
TOWN OF WAPPINGER
Memo To: Elaine Snowden, Town Clerk
From: Ed Hawksley, Chairman, Planning Board
Date: April 1st, 1987
Subject: Amendment to Town of Wappinger Zoning Ordinance
Letter dated 3/5/87
PLANNING BOARD
After reviewing the referenced amendment, keeping in mind the accessibility
of affordable housing in the Town of Wappinger, the Planning Board wishes to
recommend that Amendment #6 be revised as follows:
"Conversion of an existing dwelling built prior to 1962 and having a
useable floor area of not less than 3,000 square feet for a 2 family or multi
family residence, or other use as permitted in the district, provided each
dwelling unit produced from such conversion shall have at least 850 square feet
of useable floor area and off-street parking requirements, and be subject to
site development plan approval as well as all other requirements of this ordinance
are met. In addition, each lot subject to such conversion shall contain at least
10,000 square foot per dwelling unit in the completed structure."
Thank you for your consideration in this matter.
EH/lb
cc: Herb Levenson, Zoning Administrator
George Urciuoli, Chairman, Zoning Board of Appeals
Jay Paggi, Engineer to the Town
Jennifer Van Tuyl, Attorney to the Town
THE COUNTY OF DUTCHESS
LUCILLE P PATTISON, COUNTY EXECUTIVE
DEPARTMENT. OF PLANNING
ROGER P AKE LEY. AICP
C0MMISSIONL1
ERIC W GILLERT AICP
A,,,ANT C0MM1','-NFH
March 31, 1987
To: Town Board, Town of Wappinger
Re: Referral 87-143, Zoning Amendments
47 CANNON Sr
PWGHKEEPSIr. NY 12601
TELEPHONE 19141431-2480
The Dutchess County Department of Planning has reviewed the subject referral
within the framework of General Municipal Law (Article 12B, Sections 239-1 and
239-m). After considering the proposed action in the context of countywide and
intermunicipal factors, the Department finds that the Board's decision
primarily involves matters of local concern. However, the Department offers
the following comments for your consideration:
Under Section 415.4, Satellite Dish Antennas, subsection "d" refers to the
"rear yard" and the "side yard" of a lot. These terms should most
appropriately refer to relative locations on a lot, rather than the rear and
side areas formed by the required setbacks in the zoning ordinance. It might
be helpful, in fact, to require a setback for the antenna itself, so as to
provide a buffer from the lot line of the adjacent use.
Under Section 450.245, the sentence beginning "No application shall.." closely
follows the wording of the State Environmental Quality Review Act, Section
617.3(e). However, the phrase "determination of significance" should read
"determination of no significance" in order to duplicate the wording of the
1 aw .
Nevertheless, the Dutchess County Department of Planning considers this a local
decision and, therefore, recommends that the Board rely on its own study of the
facts in the case.
The Dutchess County Department of Planning does not presume to base its
decision on the legalities or illegalities of the facts or procedures
enumerated in subject zoning action.
Roger P. Akeley, Commissioner
Dutchess County Department of Planning
By --
Lori Tanner
Junior Planner
LT/dmt " / " ' L11
3IS7
SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N. Y. 12S90-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
March 5, 1987
TOWN OF EAST FISHKILL
TOWN OF FISHKILL
TOWN OF LAGRANGE
TOWN OF POUGHKEEPSIE
VILLAGE OF WAPPINGERS FALLS
TOWN OF NEWBURGH
ORANGE COUNTY LEGISLTURE
CLERK, DUTCHESS COUNTY LEGISLATURE
TOWN COL
VINCENT G. R
GERARD J. MCCI
DAVID E. RE
JUNE A. VISCO
NOTICE IS HEREBY GIVEN, pursuant to Section 264 of the Town
Law, that a Public Hearing will be held by the Town Board of the
Town of Wappinger on Monday, April 6th, 1987 at 7:00 P.M. at
the Town Hall, MIddlebush Road, Town of Wappinger, Dutchess
County, New York on Amendments to the Zoning Ordinance of the
Town of Wappinger, copy of which is enclosed herewith.
All those persons interested are invited to attend said hearing.
ELAINE H. SNOWDEN
TOWN CLERK
TOWN OF WAPPINGER
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SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N. Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
Memo To: Zoning Board of Appeals
Zoning Administrator
Building Inspector
From: Town Clerk's Office
Re: Amendments to Zoning Ordinance
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
March 5, 1987
Please find enclosed for your information amendments to
the Zoning Ordinance which will be addressed at a Public Hearing
on April 6, 1987 at 7:00 P.M. at the Town Meeting Room.
All interested persons will be welcome to comment on these
Amendments .
Elaine H. Snowden
Town Clerk
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SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
March 5, 1987
Commissioner Roger P. Akeley
Dutchess County Department of Planning
47 Cannon Street
Poughkeepsie, N.Y. 12601
Re: Amendments to the Town of
Wappinger Zoning Ordinance
Dear Commissioner Akeley:
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
The enclosed Amendments to the Zoning Ordinance were introduced
at the regular meeting of the Town Board of the Town of Wappinger
on March 2, 1987.
Pursuant to Section 239-m of General Municipal Law, this
Ordinance has been referred to your department for review and
recommendation.
The Town Board has set the Public Hearing on these Amendments
for April 6, 1987 at 7:00 P.M. at the Town Hall, 20 Middlebush
Road in the Town of Wappinger. It would be appreciated if your
recommendation was received prior to that date.
Thank you.
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Yours truly,
7p�- �4- �c,�Q,�
Elaine H. Snowden
Town Clerk
SUPERVISOR
IRENE M. PAINO
TOWN OF WAPPINGER
TOWN CLERK ' S OFFICE
20 MIDDLEBUSH ROAD
P. O. BOX 324
WAPPINGERS FALLS, N. Y. 12590-0324
(914) 297-5771
ELAINE H. SNOWDEN
TOWN CLERK
Planning Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, N.Y. 12590
TOWN COUNCIL
VINCENT G. FARINA
GERARD J. MCCLUSKEY
DAVID E. REIS
JUNE A. VISCONTI
March 5, 1987
Re: Amendments to the Town of
Wappinger Zoning Ordinance
Dear Board Members:
The enclosed Amendments to the Zoning Ordinance were
introduced at the regular meeting of the Town Board on March 2,
1987.
Pursuant to Section 239-m of General Municipal Law, this
Ordinance has been referred to your department for review and
recommendation.
A Public Hearing has been set for April 6, 1987 at 7:00 P.M.
at the Town Hall at which time all interested persons will be
heard. It would be appreciated if your recommendations were
received prior to that date.
Yours truly,
7ZDxL..,
Elaine H. Snowden
Town Clerk
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RESOLUTION INTRODUCING PROPOSED ZONING
ORDINANCE ANJENDB4ENTS AND SETTING PUBLIC HEARING
The following Ordinance was introduced by SUPERVISOR PAINO:
BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess
County, New York, pursuant to the authority conferred by the laws of the
State of New York as follows:
Section 1. The Town of Wappinger Zoning Ordinance adopted March 10,
1980, and amended from time to time, is further amended as follows:
1. Zoning Ordinance Amendment No. 1
A new Section 415.4 is hereby added to the Zoning Ordinance as
follows:
415.4 Satellite Dish Antennas
415.41 In Residential Zones
The use of satellite dish antennas shall be allowed in all
residential zones within the Town of Wappinger, subject to
building permit process, provided they meet the following
requirements: ,
a. There shall not be more than one (1) such antenna
allowed on any lot. .
b. Such antenna shall be properly mounted, anchored and
grounded as determined by the Building Inspector.
c. The construction and installation of such antennas shall
conform to all applicable building codes and other_ regulations
and requirements.
d. Subject to the provisions contained herein, such antennas
shall be located only in the rear yard of any lot. If a usable
signal cannot be obtained in the rear yard, the antenna may
be located in the side yard of the property subject -to the
requirements contained in this ordinance.
e. Such antennas shall be designed and located to minimize
visual impact on adjacent property and roadways. The'color
and construction of the antenna shall be compatible with its
surroundings.
l'.
f. A landscaped evergreen planting screen or fence shall be
provided for any ground -mounted antenna to screen it from
view of adjacent lots and public view.
g. Such antenna shall not be more than twelve (12) feet in
diameter, and the uppermost part of any such ground -mounted'
antenna shall not exceed thirteen (13) feet above grade level.
h. Wiring between a ground -mounted antenna and a receiver
shall be placed beneath the surface of the ground.
1. Zoning Ordinance Amendment No. 1
Section 450.23 "Additional Required Information" is hereby amended
by adding two new subdivisions as follows:
450.244 The applicant shall provide floor plans, at a scale
satisfactory to the Planning Board, of any proposed building.
Said plans shall clearly indicate the intended use of all interior
space in any proposed building.
450.245 The applicant must include an Environmental Assessment
Form (E.A.F.) and any other necessary documentation to comply
with S.E.Q.R.A. and Local Law #2 of 1977. No application shall
be deemed complete until a determination of significance has been
made or until a draft environmental impact statement (E.I.S.) has
been accepted by the lead agency as satisfactory with respect to
scope, content and adequacy.
2. Zoning Ordinance Amendment No. 2
Section 450.3 of the Zoning Ordinance entitled "Referral of
Application to Planning Board" is hereby amended to read as follows:
Section 450.3 Referral of Application to Planning Board
Upon receipt of an application as described in Section 450.2,
above, the Zoning Administrator shall determine whether or not it
conforms to the basic requirements of this ordinance. If such
conformance is determined, the Zoning Administrator shall refer
copies of the application to the appropriate Town, County and
State officials, departments and agencies for their review and
comment and shall allow a thirty (30) day period for the receipt
of their recommendations. At the end of the thirty (30) day review
period, the Zoning Administrator shall submit a report containing
these recommendations to the Planning Board, together with the
subject application. The applicant shall be provided with a copy
of the report and recommendations at least five (5) days in advance
of the Planning Board meeting at which it will be considered.
Nothing in this section shall be construed as superceding the
rights of any involved agency or member of the public to comment
under an appropriate S.E.Q.R. review.
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
AMENDMENTS TO THE ZONING ORDINANCE
(SATELLITE DISH ANTENNAS, ETC.)
STATE OF NEW YORK )
) ss:
COUNTY OF DUTCHESS)
says:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
That she is the duly elected, qualified and acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York.
That on March 18th, 1987, your deponent posted a
copy of the attached notice of Public Hearing on Amendments
to the Zoning Ordinance, on the signboard maintained by your
deponent in her office in the Town Hall of the Town of Wappinger
Middlebush Road, Town of Wappinger, Dutchess County, New York.
Sworn to before me this C/ -
day of u'u 1987.
16''x/ '�L-
Notary Public
: S"A
l.,
Elaine H. Snowden
Town Clerk
Town of Wappinger
CECILE S. HAWKSLEY
NOTARY PUBLIC, BrAT8 OF NNW YOU
NO. 4866032
QUALInED IN DUTCHESS COUNN -
COMMISSION EXPIRES AUG. 4, 1QZ
PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger
will conduct a Public Hearing on April 6, 1987, at 7:00 P.M. at the
Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New
York, on Amendments to the Zoning Ordinance of the Town of Wappinger
as follows:
RESOLUTION INTRODUCING PROPOSED ZONING
ORDINANCE AMENDB ENTS AND SETTING PUBLIC HEARING
Resolution Offered by _rnuNC'TI MAN FARINA
I�TMREAS, I Supervisor Paino do hereby
introduce and propose the following Zoning Ordinance Amendments:
BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess
County, New York, pursuant to the authority conferred by the laws of the
State of New York as follows:
Section 1. The Town of Wappinger Zoning Ordinance adopted March 10,
1980, and amended from time to time, is further amended as follows:
1. Zoning Ordinance Amendment No. 1
A new Section 415.4 is hereby added to the Zoning Ordinance as
follows:
415.4 Satellite Dish Antennas
415.41 In Residential Zones
The use of satellite dish antennas shall be allowed in all
residential zones within the Town of Wappinger, subject to
building permit process, provided they meet the following
requirements: ;
a. There shall not be more than one (1) such antenna
allowed on any lot.
b. Such antenna shall be properly mounted, anchored and
grounded as determined by the Building Inspector.
c. The construction and installation of such antennas shall
conform to all applicable building codes and other regulations
and requirements.
d. Subject to the provisions contained herein, such antennas
shall be located only in the rear yard of any lot. If a usable
signal cannot be obtained in the rear yard, the antenna may
be located in the side yard of the property subject to the
requirements contained in this ordinance.
e. Such antennas shall be designed and located to minimize
visual impact on adjacent property and roadways. The color
and construction of the antenna shall be compatible with its
surroundings.
f. A landscaped evergreen planting screen or fence shall be
provided for any ground -mounted antenna to screen it from
view of adjacent lots and public view.
g. Such antenna shall not be more than twelve (12) feet in
diameter, and the uppermost part of any such ground -mounted"
antenna shall not exceed thirteen (13) feet above grade level.
h. Wiring between a ground -mounted antenna and a receiver
shall be placed beneath the surface of the ground.
2. Zoning Ordinance Amendment No. 2
Section 450.23 "Additional Required Information" is hereby amended
by adding two new subdivisions as follows:
450.244 The applicant shall provide floor plans, at a scale
satisfactory to the Planning Board, of any proposed building.
Said plans shall clearly indicate the intended use of all interior
space in any proposed building.
450.245 The applicant must include an Environmental Assessment
Form (E.A.F.) and any other necessary documentation to comply
with S.E.Q.R.A. and Local Law #2 of 1977. No application shall
be deemed complete until a determination of significance has been
made or until a draft environmental impact statement (E.I.S.) has
been accepted by the lead agency as satisfactory with respect to
scope, content and adequacy.
3. Zoning Ordinance Amendment No. 3
Section 450.3 of the Zoning Ordinance entitled "Referral of
Application to Planning Board" is hereby amended to read as follows:
Section 450.3 Referral of Application to Planning Board
Upon receipt of an application as described in Section 450.2,
above, the Zoning Administrator shall determine whether or not it
conforms to the basic requirements of this ordinance. If such
conformance is determined, the Zoning Administrator shall refer
copies of the application to the appropriate Town, County and
State officials, departments and agencies for their review and
comment and shall allow a thirty (30) day period for the receipt
of their recommendations. At the end of the thirty (30) day review
period, the Zoning Administrator shall submit a report containing
these recommendations to the Planning Board, together with the
subject application. The applicant shall be provided with a copy
of the report and recommendations at least five (5) days in advance
of the Planning Board meeting at which it will be considered.
Nothing in this section shall be construed as superceding the
rights of any involved agency or member of the public to comment
under an appropriate S.E.Q.R. review.
The following resolution was offered by COUNCILMAN FARINA
who moved its adoption:
WHEREAS, this action is being treated as a direct action by the
Town Board, and
WHEREAS, the Board has prepared a long form environmental assessment
form indicating that each proposed Ordinance Amendment, and all of the
amendments considered together, would not have a significant effect on the
environment, and which indicates that a negative declaration with respect
to the action will be issued, and
WHEREAS, it is in the public interest that each of these proposed
Zoning Ordinance Amendments and the long form environmental assessment form
be set for a public hearing, and that the other requirements regarding passage
of these Zoning Ordinance Amendments are met,
NOW, THEREFORE, BE IT RESOLVED, that a public hearing on each of these
proposed Zoning Ordinance Amendments and the long form environmental
assessment form be set for April 6, 1987 at 7:00 P.M.
and that the Town Clerk be authorized to post, publish and otherwise
distribute notice of said hearing as required by law.
Resolution Seconded by �934nervisor Paino
The votes were as follows:
Councilman Farina: Ave
Councilman Valdati Ave
Councilman Reis: Ave
Councilman Visconti: Ave
Supervisor Paino: Ave
Whereupon, the resolution was declared adopted by the Town Board of the
Town of Wappinger. _
e
The following Zoning Ordinance Amendments were introduced
by SUPERVISOR PAINO:
- -- - -- --
BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess
County, New York, pursuant to the authority conferred by the laws of the
State of New York as follows:
Section 1. The Town of Wappinger Zoning Ordinance adopted March 10,
1980, and amended from time to time, is further amended as follows:
1. Zoning Ordinance Amendment No. 1
A new Section 415.4 is hereby added to the Zoning Ordinance as
follows:
415.4 Satellite Dish Antennas
415.41 In Residential Zones
The use of satellite dish antennas shall be allowed in all
residential zones within the Town of Wappinger, subject to
building permit process, provided they meet the following
requirements: ,
a. There shall not be more than one (1) such antenna
allowed on any lot.
b. Such antenna shall be properly mounted, anchored and
grounded as determined by the Building Inspector.
c. The construction and installation of such antennas shall
conform to all applicable building codes- and other. -regulations
and requirements.
d. Subject to the provisions contained herein, such antennas
shall be located only in the rear yard of any lot. If a usable
signal cannot be obtained in the rear yard, the antenna may
be located in the side yard of the property subject to the
requirements contained in this ordinance.
e. Such antennas shall be designed and located to minimize
visual impact on adjacent property and roa&-ays. The color
and construction of the antenna shall be compatible with its
surroundings.
f. A landscaped evergreen planting screen or fence shall be
provided for any ground -mounted antenna to screen it from
view of adjacent lots and public view.
g. Such antenna shall not be more than twelve (12) feet in
diameter, and the uppermost part of any such ground -mounted'
antenna shall not exceed thirteen (13) feet above grade level.
h. Wiring between a ground -mounted antenna and a receiver
shall be placed beneath the surface of the ground.
2. Zoning Ordinance Amendment No. 2
Section 450.23 "Additional Required Information" is hereby amended
by adding two new subdivisions as follows:
450.244 The applicant shall provide floor plans, at a scale
satisfactory to the Planning Board, of any proposed building.
Said plans shall clearly indicate the intended use of all interior
space in any proposed building.
450.245 The applicant must include an Environmental Assessment
Form (E.A.F.) and any other necessary documentation to comply
with S.E.Q.R.A. and Local Law #2 of 1977. No application shall
be deemed complete until a determination of significance has been
made or until a draft environmental impact statement (E.I.S.) has
been accepted by the lead agency as satisfactory with respect to
scope, content and adequacy.
3. Zoning Ordinance Amendment No. 3 --
Section 450.3 of the Zoning Ordinance entitled "Referral of
Application to Planning Board' is hereby amended to read as follows:
Section 450.3 Referral of Application to Planning Board
Upon receipt of an application as described in Section 450.2,
above, the Zoning Administrator shall determine whether or not it
conforms to the basic requirements of this ordinance. If such
conformance is determined, the Zoning Administrator shall refer
copies of the application to the appropriate Town, County and
State officials, departments and agencies for their review and
comment and shall allow a thirty (30) day period for the receipt
of their recommendations. At the end of the thirty (30) day review
period, the Zoning Administrator shall submit a report containing
these recommendations to the Planning Board, together with the
subject application. The applicant shall be provided with a copy
of the report and recommendations at least five (5) days in advance
of the Planning Board meeting at which it will be considered.
Nothing in this section shall be construed as superceding the
rights of any involved agency or member of the public to comment
under an appropriate S.E.Q.R. review.
The Planning Board shall act to approve, disapprove, or approve
with modification the proposed site plan within 45 days from the
date of the public hearing or from the date the application is
filed if the Board determines not to hold a public hearing.
4. Zoning Ordinance Amendment No. 4
Section 450.52 of the Zoning Ordinance entitled "Public Hearing for
Site Development Plan Review" is hereby amended by adding a final
sentence, so that the section will read as follows:
450.52 Public Hearing for'Site Development Plan Review
A public hearing shall be scheduled for the review of all site
development plan applications coming before the Planning Board.
Public notice of such hearing shall be published in a newspaper
designated by the Town, at least five (5) days before the scheduled
meeting date. Additionally, all abutting and adjacent (across
the street or road) property owners shall be notified by mail,
by the applicant, of said hearing. The expense of such published
and mailed notices shall be borne by the applicant. The Planning
Board may waive the requirement for a public hearing for an
amended site plan application if, in the Planning Board's judgment,
the amended plan is not a significant change from the approved site
development plan.
5. Zoning Ordinance Amendement No. 5
A new Section 450.8 entitled "Site Plan Conformance" is hereby
added to the Zoning Ordinance as follows:
Section 450.8 Site Plan Conformance
Final approval of site development plan shall require approval of
a certified as built.plan. In addition, the Building Inspector
shall certify that -the complete site construction complies with the
originally approved plan, all amendments thereto, prior to the
issuance of a Certificate of Occupancy.
6. Zoning Ordinance Amendment No. 6
Section 421 of the Zoning Ordinance entitled "Schedule of Regulations
for Residential Districts" is hereby amended by deleting and omitting
existing paragraph number "*18" under the "Permitted Principal Uses "
category.
—The -following resolution was offered by COUNCILMAN FARINA
1 -
who moved its adoption:
iq=*, this action is being treated as a direct action by the
Town Board, and
*MRL -%S, the Board has prepared a long fonn environmental assessment
form indicating that each proposed Ordinance Amendment, and all of the
amendments considered together, would not have a significant effect on the
environment, and which indicates that a negative declaration with respect
to the action will be issued, and
WE-1—ts, it is in the public interest that each of these proposed
Zoning („r;nance Amendments and the long form environmental assessment form.
be set for a public hearing, and that the other requirements regarding passage
of these Zoning Ordinance Amendments are met,
NOk', T= E RE, BE IT RESOLVED, that a public hearing on each of these
proposed Zoning Ordinance Amendwnts and the long form environmental
assess-.. ;orm be set for A;=i 1 6 1 9 S 7 at 7:00 P.M.
and that the To%Am Clerk be authorized to post; publish and otherwise
distribute notice of said hearing as required by law.
Resolution Seconded by ..gZT)e-vi sor Paino
The votes were as follows:
Councilman carina: Ave
Councilman Valdati Ave
Coon;.__ Reis: Ave
Colnci ir"= Visconti: Ave
Sumervis or Paino : Ave'
I
ve-
I hereupon, the resolution was declared adopted by the Tahn Board of the
Town of 1; appinger. .
RESOLUTION INTRODUCING PROPOSED ZONING
ORDINANCE M ENTMEN7S AND SETTING PUBLIC FEARING
The following Ordinance was offered by COUNCILMAN FARINA
who moved its adoption.
BE IT ORDAINED by the Town Board of the Town of Wappinger, Dutchess
County, New York, pursuant to the authority conferred by the laws of the
State of New York as follows:
Section 1. The Town of Wappinger Zoning Ordinance adopted March 10,
1980, and amended from time to time, is further amended as follows:
1. Zoning Ordinance Amendment No. 1
Section 450.23 "Additional Required Information" is hereby amended
by adding two new subdivisions as follows:
450.244 The applicant shall provide floor plans, at a scale
satisfactory to the Planning Board, of any proposed building.
Said plans shall clearly indicate the intended use of all interior
space in any proposed building.
450.245 The applicant must include an Eniironmental Assessment
Form (E.A. F.) and any other necessary documentation to comply
with S.E.Q.R.A. and Local Law #2 of 1977. No application shall
be deemed complete until a determination of significance has been
made or until a draft environmental impact statement (E.I.S.) has
been accepted by the lead agency as satisfactory with respect to
scope, content and adequacy.
2. Zoning Ordinance Amendment No. ?
Section 450.3 of the Zoning Ordinance entitled "Referral of
Application'to Planning Board" is hereby amended to read as follows:
Section 450.3 Referral of Application to Planning Board
Upon receipt of an application as described in Section 450.2,
above, the Zoning Administrator shall determine whether or not it
conforms to the basic requirements of this ordinance. If such
conformance is determined, the Zoning Administrator shall refer
copies of the application to the appropriate Toun, County and
State officials, departments and agencies for their review and
comment and shall allow a thirty (30) day period for the receipt
of their recommendations. At the end of the thirty (30) day review
period, the Zoning Administrator shall submit a report containing
these recommendations to the Planr_ing Board, together with the
subject application. The applicant shall be provided with a copy
of the report and recommendations at least five (5) days in advance
of the Planning Board meeting at which it will be considered.
Nothing in this section shall be construed as superceLmg the
rights of any involved agency or member of the public to comment
under an appropriate S.E.Q.R. review.
The Planning Board shall act to approve, disapprove, or approve
with modification the proposed site plan within 45 days from the
date of the public hearing or from the date the application is
filed if the Board determines not to hold a public hearing.
3. Zoning Ordinance Amendment No. 3
Section 450.52 of the Zoning Ordinance entitled "Public Hearing for
Site Development Plan Review" is hereby amended by adding a final
sentence, so that the section will read as follows:
450.52 Public Hearing for -Site Development Plan Review
A public hearing shall be scheduled for the review of all site
development plan applications coming before the Planning Board.
Public notice of such hearing shall be published in a newspaper
designated by the Town, at least five (5) days before the scheduled
meeting date. Additionally, all abutting and adjacent (across
the street or road) property owners shall be notified by mail,
by the applicant, of said hearing. The expense of such published
and mailed notices shall be borne by the applicant. The Planning
Board may waive the requirement for a public hearing for an
amended site plan application if, in the Planning Board's judgment,
the amended plan is not a significant change from the approved site
development plan.
4. Zoning Ordinance Amendement No. 4
A new Section 450.8 entitled "Site Plan Conformance" is hereby
added to the Zoning Ordinance as follows:
Section 450.8 Site Plan Conformance
Final approval of site development plan shall require approval of
a certified as builtplan. In addition, the Building Inspector
shall certify that -the complete site construction complies with the
originally approved plan, all amendments thereto, prior to the
issuance of a Certificate of Occupancy.
5. Zoning Ordinance Amendment No. 5
Section 421 of the Zoning Ordinance entitled "Schedule of Regulations
for Residential Districts" is hereby amended by deleting and omitting
existing paragraph number "*18" under the "Permitted Principal Uses"
category.