UntitledTOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
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IN THE MATTER OF
h AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
(PI) ---------------------------------
STATE OF NEW YORK )
) SS:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
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 Aug. 14, 1969, your deponent posted a copy of
the attached notice of Public Hearing on the Ordinance
amending the Zoning Ordinance of the Town of Wappinger
(pi), on the signboard maintained by your deponent
in her office in the Town Hall of the Town of Wappinger,
Mill Street in the Village of Wappingers Falls, Town
of Wappinger, Dutchess County, New York.
Elaine H*Snowden
Town Clerk
Sworn to before me this � J-T� day
of I�UG. 1969.
Notary Public
hEW YORK
s.l!n� lir o uct+Ess COUNTY 711
CQMM6,SIOV EXPIRtS MARCH 30,19-
PLEASE TAKE NOTICE that the following Ordinance was adopted
by the Town Board of the Town of Wappinger at the Regular
Meeting held October -13, 1969.
AN ORDINANCE Ati1ENDING THE
ZONING ORDINANCE OF THE
TOWN OF WAPPINGER
BE IT ENACTED AND ORDAINED by the Town Board of the Tom of
,,,appinger, Dutchess County, New York, in pursuance of the
authority conferred by the laws of the State of New York, as
Follows:
SECTION I.
The Town of Wappinger Zoning Ordinance,_adopted January 29,
1963, as amended from time to time is hereby further amended to
provide that the classification designated PI .(Planned Industry)
pursuant to Section 423 of the Zoning Ordinance shall read as
follows:
r
J '
PI
Planned Industry (Subject to
site plan review by Planning
Board. Section 440.)
1. Any industrial or manufac-
turing use, including fab-
rication, converting, pro-
cessing, altering, assembly
or other handling of pro-
ducts, the operation of
which uses only electric
power not generated on the
site (except in emergen-
cies), and which use nor-
mally will not cause or
result in any (1) dissem-
ination of noise, vibra-
tion, excessive light,
dust, smoke, gas, fumes,
odor, or other atmospheric
pollutant beyond the bound-
aries of the site on which
the use is located; (2)
menace by reason of fire,
explosion, atomic or induced
radiation or other physical
hazard; (3) harmful dis-
charge of waste materials;
(4) unusual traffic hazards
or congestion due to the
type and number of vehicles
associated with such use;
(5) electrical, visual or
physical interference with
aircraft landing, take -off
and other maneuvers.
a. Any accessory build-
ing or use customarily
incidental to a permit-
ted use. (Signs and
lighting regulated as in
the LB District.)
SECTION II.
This Ordinance shall take effect upon adoption and
publication as provided by Town Law.
4'4
—9 t h `(\a <-\
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger,
Dutchess County, New York, do hereby certify that the
foregoing ordinance was duly adopted at the Regular Meeting
of the Town Board of the Town of Wappinger held October 13,
1969, at which time a quorum was present and participated
throughout, and that the same has not been in any manner
rescinded or annulled and that the same is still•in force
and effect and is duly entered in the minutes of said
meeting.
IN WITNESS WHEREOF, I have.hereunto set my hand and the
seal of the said Town of Wappinger this 15th day of October,
1969.
I
SEAL
Elaine H. Snowden
Town Clerk
-3-
M
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
ELAINE H. SNOWDEN, being duly sworn, deposes and
says :
That she is the duly elected and presently acting
Town Clerk of the Town of Wappinger, County of Dutchess
and State of New York, and that she did on the 16th day
of October, 1969, post a copy of the attached Ordinance
Amending the Zoning Ordinance of the Town of Wappinger,
which was duly adopted by the Town Board of the Town of
Wappinger on the 13th day of October, 1969, on the signboard
maintained by your deponent in her office in the Town Hall
of the Town of Wappinger, Mill Street, in the Village of
Wappingers Falls, Town of Wappinger, Dutchess County, New
York, pursuant to Subdivision 6 of Section 30 of Town Law,
and that said copy of such Ordinance has remained so posted
from said October 16th, 1969 through and including October
27th, 1969.
Elaine H. Snowden
Town Clerk
Sworn to before me this 12 % day
of 19
Notary Public
"ter+4"gyp'SIiKSC, gate of
DUTCHESS COUNTY
DEPARTMENT OF PLANNING
47 GANNON STREET
To: Town Board
POUGHKEEPSIE, NEW YORK 12601 485-9890
Referral: 69-100 Town of Wappinger
Re: Amendment of Section 423 Re PI Planned Industry Districts
The Dutchess County Department of Planning has reviewed subject referral within
the framework of General Municipal Law, (Article 12B, Sections 239-1 and 239-m),
and finds the decision in this matter primarily involves matters of local con-
cern; however, we submit the following observation for consideration by the
Town Board and the Town Attorney.
Apparently the intent of subject amendment is to limit the development of PI
Planned Industry Districts to industrial and manufacturing uses only and to no
longer permit GB and Al District uses. But, the amendment is not clear in this
regard because it does not specifically repeal or delete the existing paragraph
which reads:
"I. All main uses as permitted and regulated in the GB and A[ Districts".
As a result, passage of this amendment is bound to introduce a standing
question of interpretation; and it is anybody's guess which way the courts
would lean.
The Town Board for Wappinger would be wise to reconsider this amendment and
adopt an alternate that specifically and clearly states the Board's intent.
Dated: August 21 1969
my ei enbuttel, Commissioner
`Dutch ss County Dept. of Planning
E
RECEIVr-D
SEP 4 1969
FLAINE N. SNOWDEN
PLANNING BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297-9941
August 22, 1969
Town Board
Town of Wappinger
Mill Street
Wappingers Falls, New York 12590
Gentlemen:
At its meeting of August 18th, the Town of Wappinger
Planning Board reviewed a proposed amendment to the Zoning
Classification of Planned Industry (PI), which you referred
to us, by letter of August 13th, for recommendation.
It is the unanimous opinion of the Planning Board that
insufficient time has been afforded the Planning Board to
make any meaningful recommendation to the Town Board concerning
the proposed amendment.
The Planning Board requests that future solicitations for
recommendations from this Board be requested prior to the time
that such changes are advertised for public hearing.
Yours very truly,
Robert A. Steinhaus, Acting Chairman
Town of Wappinger Planning Board
RAS/sjp