08/27/1990RESOLUTION
At a Regular Meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, held at the Town Hall, 20
Middlebush Road, Wappingers Falls, New York, in the said
Township, on the 27th day of August, 1990, at 7:30 o'clock P.M.,
there were:
Present: Supervisor Constance Smith
Councilmen Victor Fanuele
Robert Valdati
Joseph Incoronato
June Visconti
Absent:
None
The following resolution was offered by Councilwoman Visconti
and seconded by Councilman Fanuele
WHEREAS, the Town Board of the Town of Wappinger has
heretofore appointed a Comprehensive Planning Committee to
review the Zoning Ordinance of the Town of Wappinger, originally
adopted on the 9th day of July, 1979 and readopted on the 11th
day of March, 1980, and amended from time to time thereafter, for
the purpose of proposing and/or recommending changes,
modifications or revisions to said Zoning Ordinance consistent
with contemporary land use procedures and practices and to
properly control land use, development and growth in the Town of
Wappinger; and
WHEREAS, the Town of Wappinger retained Raymond H. Arnold,
of 3465 Curry Street, Yorktown Heights, New York, 10598, Land
Planner and Development Consultant, to assist the Comprehensive
Planning Committee and the Town Board in reviewing the existing
Zoning Ordinance and propose any changes, modifications,
alterations or revisions deemed appropriate; and
WHEREAS, the said Raymond H. Arnold has drafted proposed
changes, amendments and revisions to the Zoning Ordinance and the
Zoning Map of the Town of Wappinger in the form annexed hereto;
and
WHEREAS, the Town Board has determined it to be in the
public interest to make the changes, amendments and revisions to
the Zoning Ordinance and Zoning Map of the Town of Wappinger; and
WHEREAS, the proposed amendments to the Zoning Ordinance and
Zoning Map are deemed a Type I action pursuant to 6NYCRR Part
617.12 and pursuant to Section 20(e) of Local Law No. 2 of 1977
entitled "Environmental Quality Review", adopted by the Town of
Wappinger on the 28th day of March, 1977; and
WHEREAS, and Section 20(e) requires the preparation of an
Environmental Impact Statement in all Type I actions; and
WHEREAS, the Town Board of the Town of Wappinger desires to
formally consider the adoption of the proposed amendments in
accordance with the procedures set forth in the Town Law, General
Municipal Law, Environmental Conservation Law and Municipal Home
Rule Law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby introduces for consideration of
its adoption the proposed changes, amendments and revisions to
certain enumerated sections of the Zoning Ordinance and Zoning
Map in the form annexed hereto. Except as specifically modified
by the proposed changes, amendments and revisions, the Zoning
Ordinance originally adopted on the 9th day of July, 1979 and
readopted on the lith day of March, 1980, and as amended
thereafter, is to remain in full force and effect and is
otherwise to be ratified and confirmed.
2. The Town Board reserves the right to make further
modifications to the proposed amendments and Zoning Map dated
July 11, 1990, introduced herein, based upon the information and
findings developed and determined through the SEQRA process.
3. The Town Board further reserves the right to adopt the
proposed changes, amendments and revisions to the Zoning
Ordinance and the Zoning Map by either Ordinance or Local Law;
4. The Town Board has reviewed the intended action with
respect to the criteria set forth in 6NYCRR, Part 617.11, and
with respect to the provisions of Local Law No. 2 of the year
1977, Section 30, and hereby determines that the intended action
may create significant adverse impacts on the environment and
hereby issues a POSITIVE DETERMINATION OF SIGNIFICANCE for this
proj ect .
5. The Town Board hereby determines that the intended
action is a Type I action pursuant to 6NYCRR Part 617 and
pursuant to Local Law No. 2 of the year 1977, Section 20(e), and
as such, requires the preparation of an Environmental Impact
Statement;
6. The Town Board hereby determines that it is the only
involved agency in this action and hereby declares itself Lead
Agency pursuant to Article 8 ECL and the related 6NYCRR, Part
617.6;
7. The Town Board, pursuant to 6NYCRR, Part 617.6 hereby
directs the Town Clerk to promptly notify all interested agencies
that the Town Board has declared itself to be Lead Agency in this
action and that an Environmental Impact Statement is required;
8. The Town Board hereby directs the Town Clerk to
prepare, file, publish, distribute and make available the
Positive Declaration in accordance with the provisions of 6NYCRR,
Part 617.10(b) and Local Law No. 2 of the year 1977, Section 32,
in the form adopted herewith,,
9. The Town Board hereby directs Planner Raymond H. Arnold
to prepare an appropriate Draft Environmental Impact Statement
and a Final Impact Statement in accordance with 6NYCRR, Part 617
and Local Law No. 2 of the year 1977, Sections 40 and 50.
The question of the adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Supervison Smith voting Ave
Councilman Fanuele voting Ave
Councilman Incoronato voting Ave
Councilwoman Visconti voting Ave
Councilman Valdati voting Ave
The resolution was thereupon declared duly adopted.
Dated: August 27, 1990
Wappingers Falls, New York.
ELAINE SNOWDEN, TOWN CLERK
TOWN OF WAPPINGER
14.12.6 (2/87)-9c
617.21
Appendix E
State Environmental Quality Review
POSITIVE DECLARATION -
Notice of Intent to Prepare a Draft EIS
Determination of Significance
Project Number
SEOR
DateAi?at1Gam, 1990
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article
8 (State Environmental Quality Review Act) of the Environmental Conservation Law.
The Town Board of the Town of Wappinger , as lead agency,
has determined that the proposed action described below may have a significant effect on the
environment and that a Draft Environmental Impact Statement will be prepared.
Name of Action: Proposed changes to the Zoning Ordinance dated
March 10, 1980
SEAR Status: Type I KI
Unlisted ❑
Description of Action: To amend the existing Zoning Ordinance dated
March 10, 1980, to bring said Ordinance in
compliance with the Town of Wappinger
Comprehensive Plan adopted August 8, 1988.
Location: (Include street address and the name of the municipality/county. A location map of appropriate
scale is also recommended.)
This action covers the entire Town of Wappinger,
Dutchess County, New York
The following Resolution was introduced by Councilwoman Visconti and
seconded by Councilman Fanuele, to wit:
RESOLUTION
WHEREAS the Town Board of the Town of Wappinger has proposed
changes to the its existing Zoning Ordinance and Zoning Map, as set
forth in a proposed Local Law Amending the Zoning Ordinance of the
Town of Wappinger introduced for adoption at the August 27, 1990 Town
Board meeting; and
WHEREAS in furtherance of adopting this proposed Local Law, the
Town Board has caused to be prepared a Draft Environmental Impact
Statement, and has caused a Public Hearing to be held on the Draft
Environmental Impact Statement and on the proposed Local Law; and
WHEREAS the Town Board has referred the proposed Local Law to the
Dutchess County Department of Planning pursuant to Sections 239-1 and
239-m of the General Municipal Law; and
WHEREAS the Town Board has adopted a Final Environmental Impact
Statement on November 9, 1990; and
WHEREAS the Town Board has received a letter from the Dutchess
County Planning Department dated October 16, 1990, which letter
contained the Dutchess County Planning Department's review of the
proposed amendments to the Town of Wappinger Zoning Ordinance, as set
forth in the aforementioned Local Law; and
WHEREAS the Dutchess County Planning Department's letter
contained various comments about the proposed amendments and made
seven recommendations with respect thereto; and
WHEREAS the Town Board has determined that it is in the best
interests of the Town to act contrary to the recommendations made by
the Dutchess County Department of Planning, and has elected to adopt
GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601
the proposed Local Law as originally introduced at the August 27, 1990
meeting; and
WHEREAS General Municipal Law Section 239-M requires that the
Town Board adopt a Resolution setting forth its reasons for acting
contrary to the recommendations of the Dutchess County Planning
Department, prior to the adoption of the proposed Local Law.
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of
Wappinger in furtherance of the adoption of the Local Law Amending the
Zoning Ordinance of the Town of Wappinger hereby elects to act
contrary to the recommendations of the Dutchess County Planning
Department as set forth in its letter of October 16, 1990, and hereby
establishes the reasons therefor as follows:
1. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #l:
"Additional sites for the Two -Family zone should
be mapped."
The Town Board's reason for acting contrary:
The Town Board recognizes the potential for increasing the supply of
moderate priced housing by mapping additional sites for two-family
housing, and accordingly, the Board reserves its prerogative to
consider such actions in the future in areas that are compatible with
surrounding land uses and that have adequate infrastructure (such as
central water and sewer facilities). Any such future actions will
require site specific environmental studies for any future rezoning.
The Town Board notes that it is presently in the process of upgrading
its central water and sewer facilities and intends to review
residential densities in those areas served by central water and sewer
N
GELLERT & CUTLER, P.C. • ATTORNEYS AT LAV✓ • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601
in future amendments to the Zoning Ordinance after the improvements
are completed.
2. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #2:
"Creation of an affordable housing floating zone
or amendment of the PUD district to allow at least
a 20 percent density bonus for the provision of
affordable housing."
The Town Board's reason for acting contrary:
The Town Board has determined that after a review of current
development trends and feasibility studies for on-going water and
sewer improvements, that additional high density housing is not
feasible at this time due to the lack of supporting infrastructure.
The Town Board notes that it is presently in the process of upgrading
its central water and sewer facilities and intends to review
residential densities in those areas served by central water and sewer
in future amendments to the Zoning Ordinance after the improvements
are completed.
3. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #3:
"Route 9 is the major north -south road in the town
and in western Dutchess County. The preservation
of its traffic volume capacity is important to the
long term economic vitality of the town and the
county. The proposed zoning amendments for the
Route 9 corridor include uses such as retail
stores and shops; these uses eat up the traffic
capacity of a road because of high turnover of
traffic at each site. This Department recommends
that the town implement one or a combination of
the following alternatives:
(a) Delete retail business stores and shops and
personal service businesses as allowable uses
in the Highway Business (HB) district.
Setting aside this land for true highway
business uses will minimize the impact on
traffic capacity.
3
GELLERT & CUTLER, P.C. • A770FNEYS AT LAW • 75 WASHING70N S7FEET • POUGHKEEPSIE, NEW YORK 12601
(b) Permit a greater intensity of uses north of
the Route 9/Myers Corners Road intersection
and lessen the intensity of commercial uses
along the Route 9 corridor south of this
intersection. This can be accomplished by a
change of uses, as indicated in (a), above,
and/or by limiting lot coverage and floor
area ratios permitted south of this
intersection.
(c) Replace significant areas of the intensive
commercial zoning districts along Route 9
with residential or office districts."
The Town Board's reason for acting contrary:
The Town Board has determined that Route 9 serves both local traffic
and through traffic and, accordingly, retail businesses were allowed
to remain in HB district.
In the Town of Wappinger, Old Route 9 serves as a natural feeder
or service road for a substantial portion of the Route 9 corridor. As
such, it minimizes direct access to Route 9, thereby preserving Route
9's traffic carrying capacity.
Total vacant lands within this corridor are calculated at 193
acres, of which 43 acres are zoned HB (Highway Business), 8 acres are
HO (Highway Office), 24 acres are HD (Highway Design), and 108 acres
are COP (Conservation Office Park). The zoning plan was arrived at
after review of the existing and approved uses within the corridor and
the Town Board's determination to minimize the establishment of non-
conforming uses, or pockets of unlike uses.
The zoning plan minimizes the number of accesses to Route 9 by
requiring larger lot sizes on all existing large undeveloped land.
The plan encourages the combination of smaller parcels to larger
4
GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601
parcels by offering a bonus in the amount of land that can be
developed with the concomitant decrease in curb cuts.
4. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #4:
"Elimination of those areas of Highway Business
zoning along the west side of Route 9 that affect
the Greenfly swamp."
The Town Board's reason for acting contrary:
The Town Board has determined that the majority of the lands of the so
called Greenfly Swamp are zoned R-80. This recommendation pertains to
a small portion of the Greenfly Swamp located within the property
lines of an existing commercially developed parcel. The Town Board
adopted the principal of locating zoning district boundaries along
existing property lines; the Town Board has not increased the amount
of commercial zoning of the property.
5. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #5:
"Reduce the length of the General Business zone on
the south side of New Hackensack Road between All
Angels Hill Road and Jackson Road to minimize the
impact on the county road.'$
The Town Board's reason for acting contrary:
The Town Board has noted that the subject business zone is within the
vicinity of the Dutchess County Airport along a County road. It was
the Town Board's intention to honor previous County Planning
Department recommendations by encouraging commercial development
outside the Route 9 corridor, thereby minimizing the impact on the
traffic carrying capacity of Route 9. The length of this business
zone is consistent with the surrounding development, including the
airport area.
9
GELLERT a CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601
6. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #6:
"The Town Board should add a floodplain, wetland,
and stream corridor protection overlay zone in
order to ensure that the town zoning map and
regulations more accurately reflect the natural
resource protection policies of the county and
town plans."
The Town Board's reason for acting contrary:
The Town Board notes that a "flood plain" overlay zone already exists
in Section 460 of the Ordinance. The Town Board has determined that
the flood plain, wetland and stream corridor projection overlay zones
should be examined and will be addressed in future amendments to the
Town's Zoning Ordinance.
7. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #7:
"The requirements for service roads, buffering,
signs and compatibility in the HD zones should be
clearly defined in the zoning ordinance."
The Town Board's reason for acting contrary:
The Town Board has determined that adequate provisions already exist
within the Ordinance to accomplish the desired effect. Landscaping
guidelines are contained in Section 473.3 as well as the Bulk
Regulation Table; sign requirements are contained in Section 416; site
plan requirements are contained in Section 450; special use permit
requirements are contained in Section 430; authority to issue such
special permits has been transferred from the Zoning Board to the
Planning Board.
BE IT FURTHER RESOLVED that the Town Clerk transmit a copy of
this Resolution to the Dutchess County Department of Planning as
required by Section 239-M of the General Municipal Law.
R
GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601
BE IT FURTHER RESOLVED that it is the intention of this
Resolution to enumerate the Town Board's reasons for acting contrary
to the Dutchess County Planning Department's recommendations as set
forth in its letter of October 16, 1990 and by adoption of this
Resolution evinces its intention to act contrary to the County's
recommendations for the reasons set forth above and to adopt the
proposed Local Law Amending the Zoning Ordinance of the Town of
Wappinger as introduced at the August 27, 1990, Town Board meeting.
The question of adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
SunPYViGor Smith Voting
Councilman Fanuele
. ur-1111MWAL92
The resolution was thereupon declared duly adopted.
DATED: November 26, 1990
Wappingers Falls, NY
ELAINE SNOWDEN
Town Clerk, Town of Wappinger
7
GELLERT & CUTLER. P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 125C1