UntitledNOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be
held by the Town of Wappinger Town Board on October 1st, 1984
at 7:50 P.M. at the Town Hall located on Mill Street, Wappingers
Falls, County of Dutchess and State of New York, concerning
proposed amendments to the Zoning Ordinance of the Town of
Wappinger as follows:
BE IT ENACTED AS FOLLOWS:
That Section 432 entitled, "Application for a Special
Permit" shall be amended to read as follows:
432. Application for a Special Permit
"Application for required special permits shall be made to the
Zoning Board of Appeals. Each such application shall be examined
first and endorsed for completeness by the Zoning Administrator and
unless so endorsed shall not be entertained by said Board. The
Zoning Board of Appeals (ZBA) shall have original jurisdiction
for granting special permits based on the suitability of the
proposed land use. The ZBA may impose whatever reasonable land
use conditions and provisions it deems necessary to reflect the
spirit and intent of the town development plan.and/or zoning
ordinance. Before ruling on the application, the ZBA may request
written comments or a brief advisory report from the Planning
Board for any concerns they may have regarding the proposed site
development plan. Where such requests are made, the Planning
Board shall respond to the ZBA within 45.days from the date such
referral is received by the Planning Board secretary. All approved
special use permits will be subject to Section 450 of the town
zoning ordinance for site development plan approval. The Board of
Appeals, after public hearing with the same notice required by law
for zoning amendments shall, within ninety (90) days of the date of
the Board meeting at which such application was originally submitted,
file with the Zoning Administrator a decision on said application.
The applicant may grant extensions of either of the above stipulated
review periods provided, however, that any extension of time granted
to the Planning Board shall equally extend the time to act for the
Zoning Board of Appeals. The Board of Appeals may authorize the
issuance of a permit, provided it finds that all of the following
conditions and standardsstated, but not limited to, have been met:"
and
BE IT FURTHER ENACTED:
That Section 450.1 be amended to read as follows:
450.1 Approval Required
"No building permit shall be issued and no structure or use
shall be established, other than one (1) one -family dwelling,
except in conformity with an approved site development plan,
and no certificate of occupancy for such structure or use shall
be issued until all the requirements for such approval and any
conditions attached thereto have been met. The continued
validity of any certificate of occupancy shall be subject to
continued conformance with such approved plan and .conditions.
Revisions of such plans shall be subject to the same approval
procedure."
and
BE IT FURTHER ENACTED:
That a new section to be numbered 450.51 be added to
read as follows:
450.51 Application to Building Inspector
"Following site development plan approval, application shall
made to the Building Inspector for a building permit."
be
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
-------------------------------
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON AN
AMENDMENT TO THE ZONING ORDINANCE
(SPECIAL USE PERMITS)
-----------------------------------
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 November 21st, 1984, your deponent posted
a copy of the attached notice of Public Hearing on an
Amendment to the Zoning Ordinance (Special Use Permits)
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
Town of Wappinger
Sworn to before this N
day of LL,-- 1984.
Notar Public
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that a Public Hearing will be held
by the Town of Wappinger Town Board on the 3rd day of December,
1984, at 7:45 P.M. at the Town Hall located on Mill Street, Wappingers
Falls, County of Dutchess and State of New York, concerning proposed
amendments to the Zoning Ordinance of the Town of Wappinger as
follows:
BE IT ENACTED AS FOLLOWS:
That Section 432 entitled, "Application for a Special Permit,"
shall be amended to read as follows:
432. Application for a Special Permit
"Application for'required special permits shall be made to the Zoning
Board of Appeals. Each such application shall be examined first and
endorsed for completeness by the Zoning Administrator and unless so
endorsed shall not be entertained by said Board. The Zoning Board
of Appeals (ZBA) shall have original jurisdiction for granting special
permits based on the provisions of this section. The ZBA may impose
whatever reasonable land use conditions and provisions it deems
necessary to reflect the spirit and intent of the Town Development
Plan and/or Zoning Ordinance.
The Zoning Board of Appeals, after public hearing with the same
notice required by law for zoning amendments, shall, within sixty
(60) days after the final hearing, file with the Zoning Administrator
a decision on said application. All approved special use permits will
be subject to Section 450 of the Town Zoning Ordinance for site
development plan approval.
The applicant may grant extensions of either of the above stipulated
review periods, provided, however, that any extension of time granted
to the Planning Board shall equally extend the time to act for the
Zoning Board of Appeals. The Board of Appeals may authorize the
issuance of a permit, provided it finds that all of the following
conditions and standards stated, but not limited to, have been met."
and
BE IT FURTHER ENACTED:
That Section 434 entitled, "Review by Other Agencies," be
amended to read as follows:
434. Review by Other Agencies
"Upon receipt of a completed application for a special permit, the
ZBA may request written comments or a brief advisory report from the
Planning Board for any concerns they may have concerning the proposed
site development plan. Where such requests are made, the Planning Board
shall respond to the ZBA within 45 days from the date such referral is
received by the Planning Board Secretary. The ZBA may forward, where
determined appropriate, one copy each of the application to the Town
Engineer, the Superintendent of Highways, the Wappinger Environmental
Council, the Fire Prevention Bureau, the Dutchess County Soil and Water
Conservation District and the Dutchess County Department of Health; in
addition, copies shall be forwarded to the Dutchess County Planning
Department when such proposed development abuts a State or County
Highway, park, drainage channel or building site, and to the Clerk
of any abutting municipality where the property proposed for such
development is located within five hundred (500) feet of such
municipality, and other agencies, the New York State Department of
Environmental Conservation, which may have jurisdiction, together
with a request for review and report by said agency. Each agency
may submit a report, including its recommendations, which report,
if it is to be considered, should be returned to the ZBA within
thirty (30) days of the date such referral was submitted."
and
BE IT FURTHER ENACTED:
That Section 450.1 be amended to read as follows:
450.1 Approval Required
"No building permit shall be issued and no structure or use shall
be established, other than one (1) one -family dwelling, except in
conformity with an approved site development plan, and no certificate
of occupancy for such structure or use shall be issued until all the
requirements for such approval and any conditions attached thereto
have been met. The continued validity of any certificate of occupancy
shall be subject to continued conformance with such approved plan and
conditions. Revisions of such plans shall be subject to the same
approval procedure."
and
BE IT FURTHER ENACTED,
That a new section, to be numbered 450.51, be added to
read as follows:
450.51 Application to Building Inspector
"Following site development plan approval, application shall be
made to the Building Inspector for a building permit."
PLEASE TAKE FURTHER NOTICE, that all interested persons
will be heard at the above stated time and place.
Dated: November 20 , 1984
BY ORDER OF THE TOWN BOARD
Town Clerk
DEPARTMENT OF PLANNING
ROGER P AKELEY
COMMISSIONER
JEFFREY L. CHURCHILL
DEPUTY COMMISSIONER
THE COUNTY OF DUTCHESS
LUCILLE P PATTISON, COUNTY EXECUTIVE
47 CANNON ST.
POUGHKEEPSIE NY 12601
TELEPHONE 19141 431-2480
Tax Map Parcel No.: Al RECEIVED
NOV 2-8 1984
ELAINE N. SNOWDEN
To: Town Board
Referral: 84-531, Town of Wappinger
Re: Zoning Amendment - Administration and Enforcement
In accordance with the provisions of General Municipal Law (Article 12B,
Sections 239-1 and 239-m), the Dutchess County Department of Planning has
reviewed subject referral with regard to pertinent inter -community and
county -wide considerations. Upon analysis, this Department makes the
following findings:
This referral pertains to amendments for the special permit and site plan
sections of the zoning ordinance. The purpose of these changes is to clarify
responsibilities and procedural requirements between the Zoning Board of
Appeals and the Planning Board. These amendments will facilitate the zoning
review process for town officials, residents, and developers.
Recommendation
The Dutchess County Department of Planning recommends that the decision in
this case be based upon local study of the facts.
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.
Dated: November 27, 1984
Roger P. Akeley, Commissioner
Dutchess County Department of Planning
Richard irch
Senior Planner
RB/tll
THE COUNTY OF DUTCHESS
LUCILLE P, PATTISUN, COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
ROGER P AKELEY 47 CANVON ST
COMMISSIONER PrriKEEPS,E NY 12601
JEFFREY LCHURCHILL TELEPIIONE (914) 431 24H
.
DEPUTY COMMISSIONER
To: Town Board
Referral: 84-416, Town of Wappinqer
Re: Special Use Permit Amendments
In accordance with the provisions of General Municipal Law (Article 12B,
section 239-1 and 239-m), the Dutchess County Department of Planning has
reviewed subject referral with regard to pertinent inter -community and county-
wide considerations. Upon analysis, this Department makes the following
findings:
Subject referral pertains to amendments for the special permit and site plan
sections of the zoning ordinance. The purpose of these changes is to clarify
responsibilities and procedural requirements between the Zoning Board of
Appeals and the Planning Board.
Recommendation
The Dutchess County Department of Planning recommends that the decision in
these amendments should he based upon local study of the facts. Before adopt-
ing these amendments, however, the Town Board shall consider the following
points:
1. The existing and proposed text of section 432 states that a decision by
the Zoning Board of Appeals shall be made within ninety (90) days of the
date of application. New York State Town Law, which establishes the legal
framework for local boards, provides that a decision be made within sixty
(60) days after the final public hearing. To avoid any timing problems,
the Town Board should consider changing the wording to coincide with the
New York State Town Law.
2. Section 434 of the Town Zoning Ordinance pertains to special permit review
by other agencies. Since the proposed changes in Section 432 would make a
referral to the Planning Board an optional matter, changes in Section 434
should be made for referral by the Zoning Board of Appeals to other
agencies. The Zoning Board of Appeals should be established as the reci-
pient of comments rather than the Planning Board.
Ref 84-416
Page 2
The Dutchess County Department of Planning does not presume to base its deci-
sion on the legalities or illegalities of the facts or procedures enumerated
in subject zoning action.
Dated: September 26, 1984
Roger P. Akeley, Commissioner
Dutchess County Department of Planning
M
r f�
Richard Birch
Senior Planner
RB/tll
ec C-7453 la It V
SUPERVISOR
FRANCIS J. VERSACE
TOWN OF WAPPINGER
TOWN CLERK'S OFF ICE
MILL STREET
P. O. BOX 324
WAPPINGERS FALLS. N. Y. 12590-0324
ELAINE H. SNOWDEN
TOWN CLERK
TOWN COUNCIL
RENATA BALLARD
JOSEPHINCORONATO
GERARDJ McCLUSKEY
IRENE PAINO
September 5, 1984
TOWN OF EAST FISHKILL
TOWN OF FISHKILL
TOWN OF LAGRANGE
TOWN OF POUGHKEEPSIE
VILLAGE OF WAPPINGERS FALLS
TOWN OF NEWBURGH 2O-26 Union Ave. Ext., Newburgh, NY 12550
ORANGE COUNTY LEGISLATURE, Orange County Government Cr. Main St.
Goshen, N.Y. 10924
CLERK, DUTCHESS COUNTY LEGISLATURE
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, October lst, 1984 at 7:50 P.M.
at the Town Hall, Mill Street, Village of Wappingers Falls, New
York, on an Ordinance Amending the Zoning Ordinance of the Town
of Wappinger (Special Use Permits), copy of which is herewith
enclosed.
All persons interested are invited to attend said hearing.
7z?-" •�-dw"
ELAINE H. SNOWDEN
TOWN CLERK
TOWN OF WAPPINGER