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UntitledDAVID B.GUBITS GERALD N.JACOBOWITZ COUNSELOR AT LAW 37 MAIN STREET WALDEN, N.Y. 12586 PRESCOTT 4-7100 Hon. Supervisor and Town Board, Town of Wappinger Mill Street Wappingers Falls, New York 12590 Re: Zoning Ordinance Amendment Gentlemen: October 9, 1970 I represent B.C.G. Modular Systems, Inc. and am writing this letter to request that you place on your agenda for your meeting on Tuesday, October 13, 1970, the matter of consideration of an amendment to your zoning ordinance so as to clarify the definitions of "mobile home" and "dwelling". As you know, there is an entirely new concept in residential housing and a reading of your ordinance indicates such a change was not contemplated. Consequently, a reading of the ordinance and giving the words their customary interpretation does not prohibit the construction of modular homes. It is my understanding, however, that various Boards in The Town have taken the position that modular housing is prohibited by the provision of your present zoning ordinance. It is our intention to provide you with a draft of a proposed ordinance for your review and consideration and thereby provide a starting point. Thank you for your anticipated courtesy and cooperation. Very truly yours, f% Gerald N. Jacobowitz GNJ/j k RECEIVED cc: Allan E. Rappleyea, Esq. OCT 13 1970 B.C.G. Modular Systems, Inc. ELAINE N. SNOWDEN DAVID B.GUBITS GERALD N.JACOBOWITZ COUNSELOR AT LAW 37 MAIN STREET WALDEN,, N.Y. 12586 PRESCOTT 4-7100 October 12, 1970 Hon. Supervisor and Town Board, Town of Wappinger Mill Street Wappingers Falls, New York 12590 Re: Zoning Ordinance Amendment Gentlemen: Enclosed herewith I am forwarding a draft of the proposed amendment in keeping with my letter of October 9, 1970. GNJ:em Enc. CC: Allan E. Rappleyea, Esq. B.C.G. Modular Systems, Inc. Very truly yours, =' GERALD N. JACOBOWITZ RECEIVED c; CT 1 1970 ELAINE H. SNOWD E1 Section 1. Section 220 Definitions is amended so as to include therein the following additional phrase and definition thereof: :Modular Dwell -Ii n - A dwelling unit or part thereof manufac- tured by industrialized process for permanent installation on land for residential purposes with useable floor area of not less than. 750 square feet as defined in section 417. Section 2. Section 220 Definitions is amended so as to modify definitions of the following phrases: Duelling - A detached building, designed or used exclusively as living quarters for one or more families, the terms shall not be deemed to include automobile court, motel, boarding or rooming house,.mobile home trailer, tourist home, or tent, but shall not be deemed to include a modular dwelling. Mobile Home - Any vehicle or similar portable structure with or without a foundation or wheels, jacks, sk4rtings, wood or masonry block supports, designed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the term "house trailer", but shall not be deemed to include a modular dwelling. Section 3. This ordinance shall take effect immediately. swev Town Board Town of Wappinger Mill Street Wappingers Falls, Gentlemen: PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK 12590 TEL. 297-6256 January 4, 1973 New York 12590 Regarding your letter dated December 13, 1972 concerning the ordinance amending the definition of "Mobile Home", the following action was taken by the Planning Board. A motion was made by Mr. Chrystie, to recommend that the ordinance amending the definition of "Mobile Home" not be adopted, the motion was seconded by Mr. Keller. Roll Call Vote: Dr. Robert Y. Heisler - nay Donald J. Keller - aye James Mills - absent Arthur J. Walker - nay Einar L. Chrystie - aye Dr. Harvey Miller - nay Robert A. Steinhaus - nay Motion Defeated Respectfully yours, n (Miss}`, etty-Ann Geoghegan, Secretary Town of Wappinger Planning Board bg cc: Allan E. Rappleyea, Attorney to the Town Elaine H. Snowden, Town Clerk 6C/ ORIlrI NA L WN FDUTCHESS COUNTY DEPARTMENT OF PLANNING 47 CANNON STREET POUGHKEEPSIE, NEW YORK 12601 485-9890 To: Wappinger Town Board From: Henry Heissenbuttel, Commissioner of Planning Date: January 12, 1973 Re: Amendment of Definition of Mobile Home By letter dated December 14, 1972 this office received for review and comment a copy of the proposed amendment of the Mobile Home definition in Article 220 Section II of the Town's Zoning Ordinance. The proposed definition is the same as that already contained in the Zoning Ordinance except that it adds a sentence excluding "factory constructed homes approved by the State Building Council". Such an exclusion is necessary because the present definition of mobile home is so broad as to be interpreted as covering any structure transported to its site; thus it tends to preclude modular construc- tion. On the other hand, the proposed amendment appears to be equally broad be- cause State law also requires mobile homes manufactured after January 1, 1973 be approved by the State Building Council; "State approved factory constructed home" could be interpreted as covering these. Such an interpretation would leave the Town with little control over the siting of newly manufactured mobile homes. To preclude any misinterpretation it is recommended that the proposed definition cite chapter and verse in its reference to the Executive Law, so as to read as follows. Mobile Home: Any vehicle or similar portable structure with or without a foundation or wheels, jacks, skirtings, wood or masonry block supports, de- signed or constructed to be towed, driven or otherwise transported to its resting site and which is further designed to permit occupancy for dwelling or sleeping purposes. The term "mobile home" shall also include the term "house trailer". A factory manu6actu4ed [constructed] home approved by the New York State Building Council in accordance with the provisions of the New York State Building Code and as provided for in the New York State Executive Law A&Ucte 18-8 Uni6onm Standa4de Code Son Factory Manu6actuAed Homed Act shall not be deemed to be a mobile home. It may also be advisable to include a definition of "Factory Manufactured Home" which the Executive Law defines as follows: "Factory manufactured home" means any structure or component thereof designed primarily for residential occupancy which is wholly or in substantial part manufactured in manufacturing facilities intended or designed for permanent installation, or assembly and permanent installation, on a building site. An alternative is to repeal the present definition of mobile home and replace it with that used by the State in the Uniform Code of Construction and Installation Standards for Mobile Homes Act (copy attached) Article 19 -AA Section 400 -cc. This reads as follows: "Mobile home" means a moveable or portable unit designed and constructed to be towed on its own chassis, comprised of frame and wheels, connected to utilities, and designed and constructed ud th on without a permanent foundation for year- round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity as well as two or more separately towable components designed to be joined into one integral unit capable of being again separated into the com- ponents for repeated towing. "Mobile home" shall include units designed to be used for residential, commercial, educational or industrial purposes, excluding travel trailers. -2- Q C_ -�-W ft- k-. //� 617 3 OFFICE OF THE ZONING ADMINISTRATOR TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, N. Y. 12590 Ts1.. 297-6256 Town Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Gentlemen: February 28, 1973 During the past several weeks, my office has received numerous inquir.i:es as to the status of the proposed amendment to the Zoning Ordinance which would exclude modular homes from the definition of a mobile home. Would you please advise me as to the current status of this proposal and as to when final action is contemplated by your Board. sip 9 ia�� 3<<l�3 Respectfully submitted, sgjawll- �qt� (Miss) Susan J. Pike Zoning Administrator RECEIVED FEB 281973 ELAINE H. SNOWDEN