UntitledTOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
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IN THE MATTER AFFIDAVIT OF
OF POSTING
AN ORDINANCE AMENDING THE ZONING
ORDINANCE CF THE TOWN OF WAPPINGER
SPECIAL USE PERMITS).
STATE OF NEW YORK )
)ss:
COUNTY OF DUTCHESS )
says:
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 Feb. 22, 1977, your deponent posted a copy
of the attached notice of Public Hearing on an Ordinance
Amending the Zoning Ordinance of the Town of Wappinger,
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.
C__�_
t
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this A) 7 -
day o kJ c 1977.
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Notary Public
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commissimi trpirea March 30, 197 0"
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the Town Hall, Mill
Street, Wappingers Falls, New York, on Thursday, March 10, 1977
at 7:00 P.M. EST to hear all persons concerning an Ordinance
Amending the Zoning Ordinance of the Town of Wappinger (Special
use Permits) .
At a regular meeting of the Town Board of the Town of
Wappinger on the 14th day of Feb. 1977.
t The following ordinance was introduced by Councilman
Johnson who moved its adoption:
An ordinance amending the zoning ordinance of the Town of
Wappinger adopted January 29, 1963.
Be it ordained by the Town Board'of the Town of Wappinger as
follows:
SECTION ONE:
Sections 412.01 and 412.02 of the said zoning ordinance are
repealed.
SECTION TWO:
The following provisions shall be substituted for and in
place of. Section 412.01 and shall read as follows:
Section 412.01
A. Pursuant to Section 281 of the Town Law, the Planning
Board is authorized, simultaneously with plat: approval, to modify
the provisions of this ordinance for the purpose of enabling and
encouraging flexibility of design and development of -land for resid-
ential purposes in such a manner as to promote the most appronri:ate
.r
use of land, to facilitate the adequate and'economica-1 provision
of streets and utilities, and to preserve the 'natural.and scenic
qualities of open lands.
B. The owner shall make written application for the use of
this procedure., It may be referred to the Town Board at the dis-
t
cretion of the Planning Board, if in the said Planning Board's .judg-
ment, the use of this procedure would benefit the To -.an of Wappinger.
The application shall include the location and size of the property,
the number and type of dwelling units proposed and such other in-
formation as may be required by the Planning Board.
SECTION THREE:
Section 434, 434.01, 434.014, 434.02., 434.010, 435.01, 435.02,
and 436 are amended by substituting the Zoning Board of Appeals
in place and instead of the Planning Board. Notwithstanding the
same, any applications for special permits which have been filed
with the Zoning Administrator prior to the effec-4ve date of this
ordinance shall be processed int:he manner here`ofore provided.
SECTION FOUR:
This ordinance shall take e i ect immediately upon adoption,
posting and publication, as nrovided by To:•m Lair.
Seconded by: Councilman Clausen
Roll Call Vote: 5 Ayes 0 Nays
THE='
DUTCH1UM(ENT
OUNTY
DDEPA OF PUNNING
To: Town Board
Referral: 77-46 Town of Wappinger
Re: Zoning Ordinance Amendments
RECEIVED
MAR 9 1977
ELAINE N. sN9*DEN
Pursuant to the provisions of General Municipal Law (Article 12B, Sections
239-1 and 239-m), the Dutchess County Department of Planning has reviewed
subject referral and, upon analysis, makes the following findings:
General Information and Analvsis
Two areas of the zoning ordinance are affected by the proposed amendments:
(I) Sections 412.01 and 412.02, which are concerned with cluster subdivi-
sions; and (2) Sections 434, 435 and 436 which govern the review authority
for the issuance of special permits.
The proposed changes to the cluster subdivision regulations (as permitted
by Section 281 of Town Law) generally provide a more flexible zoning tool.
The existing Section 412.01 authorizes the modification of lot area and
dimensions in residential areas. Modification of the type of structure,
however, is limited to RD Districts. The proposed section would allow
the modification of lot area, dimensions, and type of structure for all
residential districts with no changes in density.
The proposed cluster regulations eliminate minimum dimensions required
under the existing regulations. Thus the minimum acreage per lot would
be established at the discretion of the Planning Board
Neither the existing nor the proposed regulations provide for the dispo-
sition of the open space land which is an integral part of the cluster
concept.
The second proposed amendment changes the authority for review of
Special Permit applications from the Planning Board to the Zoning Board
of Appeals.
While communities are generally split over the question of which board
should have such review powers, experience has shown that planning boards
are in a better position to handle special permits. In their other
functions, planning boards deal with land use decisions in site plans and
Page 2
Referral 77-46
subdivision applications. Zoning Boardsof Appeal have a semi -judicial
role and thus do not generally handle the type of land use decisions
inherent in special permit applications.
Most communities which have given special permit review authority to
Zoning Boards of Appeal have established, as part of that authority, a
review process whereby Planning Boards are required to review each
special permit and make recommendations to the Zoning Board of Appeals.
Such a process provides for a more coordinated decision-making process
for land use planning within the Town.
Recommendations
The Dutchess County Department of Planning recommends that the decision
on the proposed cluster regulations be based upon the local study of the
facts in the case. The purpose of Section 281 of Town Law is to enable
and encourage flexibility in design and development while providing for
the preservation of the natural qualities of open space. This provides
an opportunity for the most efficient use of the land with no increase in
the overall density of the development.
The Dutchess County Department of Planning recommends that the proposed
amendment on Special Permits be modified to include a referral process
for the Town Planning Board to provide input and recommendations for all
special permit applications. Such recommendations should be taken into
consideration by the Zoning Board of Appeals before making its report.
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: March 8, 1977
Henry Heissenbuttel, Commissioner
Dutchess County Dept. of Planning
Richard Birch, Senior Planner
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