002V1.andS. e
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
914 297-3723
84 EAST MAIN STREET-N'APPINGI:RS FALLS 9 NY 12590
i
428.23 Chairman Chairman of the AAB mamba f the AAB cerned With the p undef consideration
EASE TAKE NOTICE that the follow- shall visit the site of proposed crUbtlon and to the appliest
Amendment to the Zoning Ordinance The Town Board shall designate one (1) N
siding for a Board of Architectural member of the AAB as Chairman. 2ft ' OANOAAO FOR tlIEw 4E gUBi�ii€Tt NGE OF
sew and Historic District Advisory ,, onductfig'Its review,,th Aft Bhafl` AP RO C�
rd, was adopted by the Town Board of 428.24 Advisors eve bale the proposed architectural a d sUbstintial Change in sit or in the
Town of Wappinger at their Regular The Building Inspector, Town Plan f, lar�sca h plans in accordance With tfi6 extef o`rffanb of 8n ed roject
onth,y Meetield December g 1st, Town Attorney and the Town Engineer �II fo,f §cqa standards. ? fie be Cor we`1r hides-
8 act in an advisory' capacity to the Ak 2 New slrucf re =should �e ti E t#ihaPhe following Ordinance was offered by 828.25 OuorumD sffc ed to a height4rSti Compatible ring
UNCILMAN REIS who moved, its TFiree($)428.25s .OtU ABshal
the buildings and ehvr�rttentwith w c 4P8.9„FI A' AFFIDAVITOFPUBLICAIION
option: they are visually relate
AN 14
ORDINANCE AMENDING THE stitute a quorum for, the transacti° 428.52 The gross volume of any new REFERING AGENCY
ZONING ORDINANCE OF business. Decisions of thb AAB shall structure should ba visually compatible with Th findings and recommend ions of
THE TOWN OF WAPPINGEP result of a majority vole of the memb€t the builtlings itonment ich! the' AAB shall ba c6nsider'ed a find
'he following Ordinance was offered by thby are visual afbd. hb final decision on approval pl"ons
o moved its adoption: �
428.28 futeetings 28.53 In At �freet elevatif3n of a or application shall 6e ma e y he ap-
1n amendment to the Zoning Ordinance The AAB shall schedule meetings at 1iUllding, therotrfion between ttiitiidtFi` ptopnate referring agency.
he Town of Wappinger for the purpose once a month, and meet in accordahc �tN : af'id height in It faoade(s) should be visual- 2. The provisions of this �dinance are State of New York
9
idding a new Section entitled "Arcfirtec- all provisions of the New York State en § Iy compahtile W1th, the buildings and an • separable antlLlf any provisibtat,dlause,
of and Historic District Advisory Board." Meetings Law. No meeting shall bo re- °stirqnment with which it is ifl5ually related. sentence sub �” e`ciion, word or pRart thereof County Of Dutchess,
3E IT RESOLVED AND ORDAINED by quired if no cases have been placed Milne t4 M d28 54 Tate prdp° ion ilii relationships ° is held illegal„eitialid or Unconstitutional, or y
i Town Board of the Town of Wappinger agenda as of five (5) business days titior ietwee-A 86ors ft vii q vs in the street inapplicabll6 tfidhy person or circumstance,
follows: to the scheduled meeting. aced j shoUl Iso Iy compatible with such i,legali Invalidity or Uncbnstituior im-
I. The Zoning Ordinance of the Town of Y � the b'it Wings a. nment With which ` ty, or inapp11Ability shall hbt affedi or im- Town of Wappinger.
ippinger, duly adopted March 10; 1980 428.27 Disqualificattbn for Intere§t it Is visual f, pair any df the remaining prAvisions,
d as or From time to time 15 fur- Any member of the AAB Who has or B She- - hof 'solids to voids, clauses,l�ences AUbsbbtipns i"Qrde, or
3r amended by adding: Section 428 as ticipaled in any manner in the proper io : o h _j the facade, should parts of t rdinance of their Iicatioh `
lows: of plans presented to the AAB for r e �y. (fi tll Wiih the building's to othlboef`sons or circdmst r�s. If is Gisela SChMitZ
shall not take part in the AAB review of tiU _ Vie»-�nwr n which- it is visually heretiy ttll''eclared to be the legisie intent ... .... . • . . Of the
riveted=- ;that this Ordinance w, ih 1fe been
°CTION 428 ARCHITECTURAL AND plans. Such member shall, prior to thetdFi* * W
STORIC DISTRICT ADVISORY BOARD vening off the sAAB ueetinbn ,W iagefida, 4 =lag T xisitfig rhythm created tiq adopfbd if such” tllegai, ihv or un- Town of Wappinger, Dutchess County, New York,
428:1 FINDINGS AND PURPOSE plans a
exi I "' i ng masses and spaces bet- constituhonal provison plau` ntence,
The Town Board finds that the economy notify the AAB, in writing that he haspar ould;®e preserved insofar as sUbsebtlon Wofd or part had been in -
tics ated in the re aration of `suchrans' #' cludettlherem, and if such jii# nor sir- beta duly sworn, says that he is, and at the several
id quality of life of the Town of WappingerP ✓• - `'
i
adffected by its visual environment. The and is therefore preparation of
�prSPl , : m erials used m t al curd t ce ib which the Ori3inance or part g y
aerial welfare of residents and of proper- participation in the review ptbcb5s ttiei' on - fa ,�'�d 5a'visUaltji t h ` the`f'I;of")S. field: inapplicable,, �t d, been BOokke e e r . • . . . . • • •
owners as well as property values and th s and environmerit With hl h s iflEall" exempt therefrom. times hereinafterwas the .......� . .
e tax base, are enhanced by Natural and 428:3 FUNCTIONS OF THE AAg It is` ifdjpp related. " '3. This t�rdinance shall take effect Upon
.an in features and structures of visual 428.31 Review Authority 4 _ Tfie texture inherent in the facade Addption, posting and pUblicatibn as
id historical value. Excessive uniformity, The AAB shall have the authority to. " sh6u,, , be visually cbmpatible' With the prescribed by Town Law. Of the W. & S.D. NEWS, a newspaper printed and
ssimilariry,, inappropriateness or poor recommend approval, approval vnth oondi bUiltliiiris and nyironment wi�h. �w et is Seconded by; Superwsd Pamo
uali of design intneeMeriorappearance tions,ordisapprovalofpl3n§gi' ferr o 'visuallyrelat Fs F"" RiillCall-Vote:_5lFyes:ONay's z ublished ever Wednesday In the ear in the Town of
f buildings erected in any neighbofhood bq the Town Boothe Bull Zon'nin Boardt _ 428.59 Co rs and pabi d life I; ELAINE H. SNOWDEN, Towyn ClertC of 1) y y
dversely offacis the desirability of the im- _ Planning Board, o cj facade short be visually c ripAtible With the Town of Wappmger, do hereby certify
is late area and neighboring areas for peals:ThissPlanning 3oariti$- in g� _'th2tftflfflm and enviiefiAluith.tllitlich,'.that „the forbgdin Ordinance was duly Wappinger, Dutchess County, New York, and that the
asidential and business purposes or other of Appeals and Building Inspecto it is?a haltgqleiafed. adopted at a R" aF MCAtiftg of the Town
se and by so doing impairs the benefits Upon a finding thatlanshm review
he ollowiri $2810 T,bdesign of a rosht3uld oe Board of the Town of Wappinger held
I occupancy of existing property in such advisable, refer p vid�ually cd atfblewith 6 bilildingA and December i f986 at which time Aquoruni annexed NOTICE was duly published m the said
teas, impairs the stability and value of both categories to the AAB' environmA, Ith which IS visually latex present and particip$tbd throughout
nproved and unimproved real property in (a) National Register and Locally 428 51 fi he lendsope pin shbUld tie ' gfi$hat the same has not been in any mom 011e OIlC 4
appropriate Designated Properties and Districts; newspaper for .. weeks SUCCeSS1\'ely .
ave areas, prevents the most app p 9
sensitive to`tfje:individUal bull din `its oc c 'tier rescinded or annulled and that thy;
levelo meet of such areas, produces Plans for construction alterations, additions scope s r nestle Further, i e land- t same is stilt in force and effect and is duly
I n ration of -property in such areas with or restorations located in Pederai State, I., _ ,t $ft11.061 4if Aily coin efitefed int '.ininutes.titsaid irieetirig:, , in each Week, commencing On the. . Y .day Of .Dei 4
ittendant deterioration of conditions Affec- locally designsaae , Ffat$t Iasis d 6� patiblb , _:, a en hinenf - 111 W) rf�E� W �I��tJE I tt i heieUt� d
to the treakh, safe comfort antl general located on the P � with; visareed to setmq frond: H tta at #the $awelfare df the inh96itanfs ifereof, and structufeslistbdonthaeffnao al is 4 k teatde(sjsti�iidblend Tpwri of W fff � ii day of 19. 86. and on the following states thereafter, na[[IeIV
festioys a proper relationship between the of Historic Places; or de with bth trig Pd'tlir$choribl expres 1Ji mbar 1 1�1R ,'; biN
axable value of real property m such areas ble for listing on the National fiegister sion. Ni 1t eF# Jacer�ifitd s tfAve a ddm' i �, �T. ERIK On
Ind the cost of municipal services provid- Historic Places by the State Office of Pa nant hond'nial ofPtt a ssion, this T ; TOWN OF IfuGER
3d therefor. it is the purpose of this O[- Recreation and Historic Preservatibn, expressibrta§hoUCd be., over and Dated: December 2, 1988 . ..... . .. . . ....... .
finance to prevent these and other harm- locally designated by the Town of Wa relfeCted. f '
lul effects of such exterior appearances of Inger as significant historic structures. 4P8•C,'13 ytrchitbot thbuld be i
buildings erected in any neighborhood arid (b) site Development Plans. incor8 rat-AsX�tkg-e the new and ending on the .... rd..... day of...I?ec..... .
thus to promote and protect the health; development plans before the Plana _g I fi the of sand tfi pf d enhance
safety, comfort and general welfare of the Board for review; raisin, ib Industr 1, here t c a ct I a afea.
community, to promote the public conve- Commercial, Office, ML i-1=amillf and tt 514;TN tba Iding(s) 19. $6. both days inclusive.
mance and prosperity, conserve the value Mobile Home Park development, and open f �ri the Atfe pr ert� Ind the i
of buildings and natural and man-made space developgent. ,ptfier yard t cks, houl sually %
g p p pp. f_ cgnipatibltiy�( H the bU..., s iron -
features and encourage the most a - (c) Special Permit Used. A lications C6
ptopnate use and development of land special permit uses in ali_distncts. bn with ctTit is 1isuall 615 f�?�� LL1
within the Town (d) Signs. Pians for construction or er •"d2 51 § Signs shouit! be iA@ scale, ; _
,tier n arAnftheTown tion of signs: �1ivleYrri9ttlaland dbnfig and il- ;
1. .
PLEASE TAKE NOTICE that the follow-
ing Amendment to the Zoning Ordinance
Providing for a Board of Architectural
Review and Historic District Advisory
Board, was adopted by the Town Board of
the Town of Wappinger at their Regular
Bimonthly Meeting held December 1st,
1986
The following Ordinance was offered by
COUNCILMAN REIS who moved its
adoption
AN ORDINANCE AMENDING THE
ZONING ORDINANCE OF
THE TOWN OF WAPPINGER
The following Ordinance was offered by
who moved its adoption.
An amendment to the Zoning Ordinance
of the Town of Wappinger for the purpose
of adding a new Section entitled "Architec-
tural and Historic District Advisory Board.''
BE IT RESOLVED AND ORDAINED by
the Town. Board of the Town of Wappinger
as follows
1. The Zoning Ordinance of the Town of
Wappinger, duly adopted March 10, 1980
and as amended from time to time is fur-
ther amended by adding Section 428 as
follows:
SECTION 428 ARCHITECTURAL AND
HISTORIC DISTRICT ADVISORY BOARD
428.1 FINDINGS AND PURPOSE
The Town Board finds that the economy
and quality of life of the Town of Wappinger
are affected by its visual environment. The
general welfare of residents and of proper-
ty owners as well as property values and
the tax base, are enhanced by natural and
man-made features and structures of visual
and historical value. Excessive uniformity,
dissimilarity, inappropriateness or poor
quality of design in the exterior appearance
of buildings erected in any neighborhood
adversely affects the desirability of the im-
mediate area and neighboring areas for
residential and business purposes or other
use and by so doing impairs the benefits
of occupancy of existing property in such
areas, impairs the stability and value of both
improved and unimproved real property in
such areas, prevents the most appropriate
development of such areas, produces
degeneration of property in such areas with
attendant deterioration of conditions affec-
ting the health, safety, comfort and general
welfare of the inhabitants thereof, and
destroys a proper relationship between the
taxable value of real property in such areas
and the cost of municipal services provid-
ed therefor. It is the purpose of this Or-
dinance to prevent these and other harm-
ful effects of such exterior appearances of
buildings erected in any neighborhood and
thus to promote and protect the health,
safety, comfort and general welfare of the
community, to promote the public conve-
nience and prosperity, conserve the value
of buildings and natural and man-made
features and encourage the most ap-
propriate use and development of land
within the Town.
Accordingly, the Town Board of the Town
of Wappinger hereby finds that it is in the
best interests of the citizens of the Town
of Wappinger and protective of their health,
safety, economic and general welfare to
create an "Architectural and Historical
District Advisory Board" (hereinafter refer-
red to as "AAB") in order to accomplish
these purposes and insure proper protec-
tion and development of the visual environ-
ment of the Town of Wappinger.
428.2 CONSTITUTION OF BOARD
AND RULES OF CONDUCT
428.21 Appointment
The AAB shall be appointed by the Town
Board of the Town of Wappinger and shall
consist of five (5) members, all of whom
shall be residents of the Town of Wapp-
inger. Of the members first appointed, one
shall hold office for the term of one year,
one for the term of two years, one for the
term of three years, one for the term of four
years and one for the term of five years,
from and after his appointment. Their suc-
cessors shall be appointed for a term of five
years from and atter the expiration of the
terms of their predecessors in office.
Members shall serve without compensa-
tion. Vacancies shall be filled by the Town
Board for unexpired terms of any members
whose position on the AAB shall become
vacant.
428.22 Members
The AAB members shall, insofar as
possible, be chosen for qualification and
training in the fields of architecture, land-
scape architecture, construction, planning,
design, or other related disciplines. The
Chairman of the Planning Board shall serve
as an exofficio member of the AAB. If the
Chairman of the Planning Board is unable
to serve the Town Board shall appoint
another member of the Planning Board to
serve in this capacity.
428.23 Chairman
The Town Board shall designate one (1)
member of the AAB as Chairman.
428.24 Advisors
The Building Inspector, Town Planner,
Town Attorney and the Town Engineer shall
act in an advisory capacity to the AAB.
428.25 Quorum
Three (3) members of the AAB shalkaen-
stitute a quorum for the transaction of
business. Decisions of the AAB shall be the
result of a majority vote of the membership.
426.26 Meetings
The AAB shall schedule meetings at least
once a month, and meet in accordance with
all provisions of the New York State Open
Meetings Law. No meeting shall be re-
quired if no cases have been placed on the
agenda as of five (5) business days prior
to the scheduled meeting.
428.27 Disqualification for Interest
Any member of the AAB who has par-
ticipaled in any manner in the preparation
of plans presented to the AAB for review
shall not take part in the AAB review of such
plans. Such member shall, prior to the con-
vening of the AAB meeting at which such
plans are first included on the agenda,
notify the AAB, in writing, that he has par-
ticipated in the preparation of such plans
and is therefore disqualifying himself from
participation in the review process thereon.
428.3 FUNCTIONS OF THE AAB
428.31 Review Authority
The AAB shall have the authority to
recommend approval, approval with condi-
tions, or disapproval of plans referred-tojt'"N
by the Town Board, Building Inspector,._
Planning Board, or the Zoning Board of Ap-'
peals. The Planning Board, Zoning Boar's
of Appeals and Building Inspector mai'
upon a finding that such review would be
advisable, refer plans in the following(,
catagones to the AAB:
(a) National Register and Locally "
Designated Properties and Districts.
Plans for construction alterations, additions
or restoration, located in Federal, State or
locally designated Historic Districts or
located on the same property as individual
structures listed on the National Register
of Historic Places, or determined to be eligi-
ble for listing on the National Register of
Historic Places by the State Office of Parks,
Recreation and Historic Preservation, or
locally designated by the Town of Wapp-
inger as significant historic structures..,,
(b) Site Development Plans. Site
development plans before the Planning
Board for review, relating to Industrial,
Commercial, Office, Multi -Family, and
Mobile Home Park development, and open
space development.
(c) Special Permit Uses. Applications for
special permit uses in all districts.
(d) Signs. Plans for construction or erec-
tion of signs.
428.32 Reports
The AAB may, on its own initiative, issue
reports recommending programs or legisla-
tion in the interest of preserving or improv-
ing the visual environment.
428.4 PROCEDURES
428.41 Applications
The referring agency shall transmit to the
AAB copies of the application and plans
submitted by the applicant. If necessary,
the AAB shall request additional informa-
tion from the applicant to enable it to review
the proposed project. Essential plans and
information shall include, but not necessari-
ly be limited lo7
(a) Planning Board File.
(b) Building Department File. Building
Department files on the subject property
and adjacent properties.
(c) Plans and Elevations. Scale plans
and elevations showing the nature of con-
struction and the materials to be incor-
porated in the exterior of the project.
(d) Site Plans. A site plan, at appropriate
scale, showing information required by Sec-
tion 450 of the Zoning Ordinance.
(e) Renderings. Three-dimensional
sketch or rendering illustrating significant
aspects of construction and exterior design,
when deemed necessary and requested by
the AAB and at a scale deemed appropriate
by the AAB.
428.42 Preliminary Design and
Meeting with Applicant
After referral to the AAB, applicants shall
be encouraged to submit preliminary
designs for AAB review and comment prior
to final design submission. The applicant
shall further be given the opportunity to
discuss the proposed plans with the AAB
at one of its meetings.
428.43 Site Visits. Insofar as is possible,
and whenever deemed necessary by the
UI1iLAI .9L/V 6111 1,,1,Y
84 EAST MAIN
Chairman of the AAB, members of the AAB carred with the
shall visit the site of proposed constructionand to the app
428.5 STANDARDS FOR REVIEW
In conducting its review, the AAB shall
evaluate the proposed architectural and
landscaping plans in accordance with the
following standards.
428.51 New structures should be con-
structed to a height visually compatible with
the buildings and environment with which
they are visually related.
428.52 The gross volume of any new
structure should be visually compatible with
the buildings and environment with which
they are visually related.
428.53 In the street elevation(s) of a
building, the proportion between the width
and height in the facade(s) should be visual-
ly compatible with the buildings and en-
vironment with which it is visually related.
428.54 The proportions and relationships
between doors and windows in the street
facadets) should be visually compatible with
the buildings and environment with which
it is visually related.
428.55 The rhythm of solids to voids,
created by openings in the facade, should
be visually compatible with the buildings
and environment with which it is visually
related
4,28.56 Therexisting rhythm created by
existing building masses and spaces bet-
ween them should be preserved, insofar as
practicable.
428.57 The materials used in the final
facade(s),should be visually compatible with
the buildings and environment with which
it is visually related.
428.58 The texture inherent in the facade
should be visually compatible with the
buildings and environment with which it is
visually related.
428.59 Colors and patterns used on the
facade should be visually compatible with
the buildings and environment with which
it is visually related.
428.510 The design of the roof should be
visually compatible with the buildings and
environment with which it is visually related.
428.511 The landscape plan should be
sensitive to the individual building, its oc-
cupants and their needs. Further, the land-
scape treatment should be visually com-
patibie with the buildings and environment
with which it is visually related.
42B.512'All street facade(s) should blend
with other buildings via directional expres-
sion. When adjacent buildings have a domi-
nant horizontal or verticaLexpression, this
expression should be carried over and
relfected.
428.513 Architectural -details -should be
incorporated as necessary to relate the new
with the old and to preserve,and enhance
the inherent characteristics".of the area.
428.514 The setback of the building(s)
from the street or property line, and the
other yard setbacks, should be visually
compatible with the buildings and ehviron-
ment with which it is visually related.
428.515 Signs should be of a size, scale,
style, materials and configuration and il-
lumination that is visually compatible with
the building to which it relates, and should
further be visually compatible with the
buildings and environment with which it is
visually related.
428.6 FINDINGS,
428.61 The AAB may make the following
findings:
Recommended This finding shall be in-
dicative that the plan will not be detrimen-
tal to the visual environment,-, meets the
standards required by the Town of Wapp-
inger, and may proceed through the normal
approvals process.
428.62 Recommended wtth Conditions
This finding shall be indicative that the
plan will meet the standards of the "Recom-
mended" category with modifications or
conditions. If the suggested modifications
are made, the plan shall be deemed
"Recommended."
428.63 Not Recommended
This finding shall be indieAtive that the
plan is found to be detrimentafto the visual
environment and beneath the standards of
design required by the Town of Wappinger
and cannot be rendered acceptable by the
imposition of conditions or modifications.
The disapproved plan shall be returned to
the referring agency accompanied by a writ-
ten explanation of the reasons for the disap-
proval and the basis for the findingthat the
plan cannot be rendered acceptable by the
imposition of conditions or. modifications.
428.7 REPORT FINDINGS
The AAB snail report its findings and
recommendations to the referring agency
in writing, within thirty (30) days of receipt
of the referral. Copies of such reports are
to be distributed by the referring agency.to
any agency of the Town of Wappinger con -
426.8 SUB;
APP
Any substant
exterior appear.
may be subject
tion by the AAE
propriate refer
428.9
REFE
The findings
the AAB shall t
the final decisi
or application
propriate refer
2. The provi:
separable anc
sentence, sub!
is held illegal, i.
inapplicable to
such illegality, i
ty, or inapplici
pair any of
clauses, sentei
parts of this 01
to other pars(
hereby declare
that this Ord
adopted if s(
constitutional I
subsection, wr
Ciudad thereir
cumstance, to
thereof is he
specifically ex
3. This Ordi
adoption, po
prescribed by
Seconded t
Roll Call Vc
I, ELAINE H
the Town of N
that the forei
adopted at a F
Board of the
December 1, 1
was present
and that the se
ner rescinde(
same is still it
entered in the
IN WITNES
to set my hai
Town of Wi
December. 11
Dated: Decer