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2MPORTAIVT > >
To the Lead Agency:
F i 1 t-- Numb � x :
P 3— 1 3 5 6 0 0— 0 0 0 1 9
Use the above number in all
correspondence about th•li.::•: action!
The above information confirms that filings on the described
bed
Positive Declaration were officially received by, and entered in th,[
5FOR R po.sitory on the date (s) shown in the box headed DATE RECEIVED
above. The latest filing is indicated by the: most recent date in
that box. The date and time in the Second line show when thK.
document 4Jas printed. Please check: the information Bove carefully.
For corrections or questions contact Charles l_O.- ki"ow, (51S)&57-2224,
or writo to:
aE:GP Repository
NYSD C Division of Regulatory Affair",;
50 Wolf Road, Room 51
Albany, NY 122 33
Town of WF` PPINGER `P 2a 90
Town Board
PO Box 326 20 Misddiebu h Rd
Wappingers C=alls, NY 12590
MAY 0 7 90
May 1, 1990
Hon. Constance Smith and Town Board
Town Hall
Wapp:inger Falls. N.Y. 12590
Dear Supervisor Smith and Board Members:
I own a parcel of property on the east side of Route
82 in the Town of Wappinger, Grid # 19-6356-01-282945-00.
The property is currently zoned R-20, but was changed under
the proposed new zoning laws to "Hamlet Business".
As you know, the new zoning law did not take effect due to
procedural matters.
I am requesting that the parcel be zoned "Hamlet
Business." or "Neighborhood Business". As it sits, the parcel
is adjoining "Neighborhood Business" on the north side. I am
requesting that the "Neighborhood Business" or the "Hamlet
Business" district include my parcel and not stop at its
present boundary, and that the board consider extending the
boundary to include my property. I would like this change in
order to to build an ice cream restaurant on the property.
The type of building would be similar in nature to a Friendly
Ice Crean, Shop. The building I am planning to erect would
conform to any and all restrictions imposed on it under the
Hamlet or neighborhood business regulations.
Route 82 is a State Highway and a major link between
Hopewell and Fishkill. It is very heavily traveled and not
suitable for a residential home. The parcel is on a straight
stretch of highway so sight distance entering or leaving
would not be a problem.
I respectfully request that the board consider and
incorporate my request into the new zoning ordinance.
Sincerely,
Anthony G. Rao
432 All Angels Road
Hopewell Jct.,N.Y.12533
Tel. # 914-896-6956
I -t-l"
ANTHONY J. MONTELEONE
MARTIN BENDER
LAW OFFICES
G%Jen
THE TICKNOR BUILDING
19 NORTH MOGER AVENUE
MOUNT KISCO, NEW YORK 10549
May 23, 1990
(914) 666-2118
(914) 666-2880
ECr'.IVED
Town Board
Town of Wappinger MAY 2 9 1990
Box 324, Middlebush Road
Wappingers Falls, NY 12590 ELA1NE SNOWp
Re: Proposed Zoning Ordinance rOWN CLERK EN
Hartman Property
Route 376 near Myers Corners Road
Dear Madam Supervisor and Town Board Members:
For approximately two years this office has represented Mr.
Alexander Hartman before your Planning Board in regard to
developing the subject property. We have endured the
uncertainties of Tri Minicipal and County Route 11 in addition to
the proposed zoning ordinance of 1989.
In October and November of 1989 I wrote the Town Board
commenting on certain proposals in the proposed zoning ordinance.
I have also voiced my comments at numerous public hearings.
Enclosed are copies of my prior letters of November 3, 1989
and October 20, 1989. I respectfully request that you review and
consider my analysis. I have deleted one clause from my letter
of November 3, 1989; since the clause was inaccurate.
I understand that some of the comments have already been
considered and certain changes made to the new proposed zoning
ordinance.
In addition, we have recently made a proposal to the
Planning Board in regard to developing the frontage along Route
376 to a depth of 300 feet in order to develop the site with
Williamsburg style buildings. These buildings will be designed
to contain business uses on the first floor with living quarters
on the second floor. These units would be sold as town houses or
condominiums to individual owners with an association. A similar
development presently exists in Yorktown Heights. However, our
development would not be as dense provided we have the depth to
install septics and set back the buildings from the road.
Cc rlpxl �)-q1qj
This type proposal would not only provide affordable housing
to the Town but also provide an attractive new business complex
in a growing part of the Town.
I will be presenting this proposal with photos at your
meetings of May 30 and June 6.
I look forward to discussing this matter with you.
Very truly yours,
MONTELEONE & BENDER
bony J Monteleone
cc: Town of Wappingers - Planning Board
Alexander Hartman
Baldwin & Cornelius
Enc.
AJM/md
LAW OFFICES -
THE TICKNOR BUILDING
19 NORTH MOGER AVENUE
MOUNT KISCQ NEW YORK 10549
ANTHONY 1. MONTELEONE (914) 666.2118
MARTIN BENDER (914) 666.2880
October 20, 1989.
Town of Wappinger Planning Board
Wappinger Town Hall
20 Middlebush Road
P.O. Box 324
Wappingers Falls, NY 12590
RE: Hartman Subdivision
Gentlemen:
This letter is in amplification and clarification of the letter
of Baldwin & Cornelius dated October 5, 1989•
Please be assured that Alexander Hartman has been, is now, and
will continue to actively pursue development of this site.
We will attend the October 23, 1989 Public Hearing in regard to
the proposed zoning ordinance.
We wiYl also be present for'the November 13, 1989 Planning Board
meeting and have been advised that the Hartman property will be
in that agenda.
At the November 13, 1989 meeting, we will seek to establish a
schedule of submission for this project. Naturally, the
availability of the Tri Municipal Sewerage System and the status
of CR 11 are integral aspects of our development.
Please also accept this letter as a record of our objection to
the proposed rezoning of the Hartman property. The proposed
rezoning will detrimentally affect the development of the Hartman
property and severely reduce the market value of said property.
In particular, the residential property rezoning from one acre to
R40/80 as proposed amounts to confiscation without the Town
providing municipal services. The creation of the COP zone on
our property without the construction of CR 11 also in tantamount
to confiscation.
J
LAW OFFICES /
We look forward to continuing to work with your Board in regard
to this development.
Very truly yours,
MONTELEONE & BENDER
hony ,r. Mffnteleone
AJM/sr
cc: Mr. Alexander Hartman
3530 Wayne Avenue
Bronx, NY 10467
Baldwin & Cornelius, P.C.
RD 5, Route 22
Brewster, NY 10509
Mr. Herb Levinson
Town of Wappinger
Box 324, Middlebush Road
Wappingers Falls, NY 12590
y LAW OFFICES
THE TICKNOR BUILDING
19 NORTH MOGER AVENUE
MOUNT KISCQ NEW YORK 10549
ANTHONY J. MONTELEONE (914) 666-2118
MARTIN BENDER November 3, 1989 (914) 666-2880
Town Board
Town of Wappinger
Box 324, Middlebush Road
Wappingers Falls, NY 12590
RE: Hartman Property -
Route 376 near Myers Corners Road, 180 acres
Gentlemen:
On behalf of my client, Alex Hartman, this letter is supplemental
to and in furtherance of my remarks at the Public Hearing of
October 23, 1989• In addition, I request that my prior letter of
October 20, 1989 be incorporated into the record.
My general comments as to the proposed zoning ordinance are as
follows:
1. Limitations have been placed upon residential
development, including one family residential, based
upon the possible or hypothetical construction of
municipal services. What happens if the services (at
least sewerage) is not built. There should be a
grandfather clause to permit reversion to prior zoning
in the event sewerage is not provided.
2. Little or NO provision has been made for affordable
housing.
3. Little consideration has been given for site location,
existing power lines and CR 11 access in locating
certain zones i.e. COP on Route 376 with CR 11 still an
uncertainty and access to CR 11 far off.
4. The zoning ordinance is confiscatory in regard to my
clients property and the application of the proposed
zoning to my clients property would be arbitrary and
capricious.
In particular, the proposed zoning ordinance is inadequate in the
following aspect:
COP zone with a minimum of 10 acres and 500 feet width and
depth of lot is unreasonable and arbitrary. It amounts to
confiscation based upon existing Planning Board requirements
for access points and access roads. The ordinance must
provide variances by right on such parcels. You have cut
- LAW OFFICES
from 30% maximum building coverage to 15%; you have
cut FAR from 0.40 to 0.20 and minimum impervious areas is
now 40% of the area. The cutting of building height and FAR
is an overkill and amounts to confiscation; the result is a
drastic cut in building size. The frontage requirement of
300 feet combined with a requirement of two access roads to
Route 376 and 500 by 500 feet lots is also confiscatory.
On the plus side, you have changed the residential width and.
depth requirements to more reasonable standards. You have been
receptive to prior comments. The same standard should be applied
to the COP zone in order to be compatible with site location,
topography and Planning Board requirements.
I have not as yet reviewed the latest.comments of Dutchess
County. I would appreciate it if you would send me a copy of
said comments.
In the form of concrete constructive comments, permit me to
suggest the following:
1. The frontage of the Hartman property on Route 376 to a
depth of 200 feet should be re -zoned to conservation
commercial
or
Hamlet -Mixed Business with a right to cluster and mix
uses such as has been done on the Yorktown Commons.
This would be compatible with the area and would effect
an upgrade from the existing commercial in the area.
2. The proposed COP zone should be reduced from 10 acres
to 5 acres with reasonable side line and front yard
requirements.
3. The Town should conduct a full and complete DEIS.
4. A timetable for completion of municipal sewerage for
each area of Town re -zoned should be incorporated into
the zoning ordinance with stop -gap provisions and
grandfather clauses.
5. Residential lot size should be flexible with
consideration for site location and foreseeable
municipal services.
6. Any development along the CR 11 corridor must be
coordinated with actual CR 11 development. To insist
that a non -existing road be bridged is nonsense;
alternate provisions must be made between the Town and
County until such time as CR 11 becomes either a
reality or a memory.
W
LAW OFFICES
& 'q-1
Subsequent comments will follow.
any proposed changes.
AJM/sr
Encl.
Please provide my office with
Very truly yours,
MONTELEONE & BENDER
Anthony J. Monteleone
cc: Town of Wappinger Planning Board
Wappinger Town Hall
20 Middlebush Road
P.O. Box 324
Wappingers Falls, NY 12590
Mr. Alexander Hartman
3530 Wayne Avenue
Bronx, NY 10467
Baldwin & Cornelius, P.C.
RD 5, Route 22
Brewster, NY 10509
e
... ..�_.
.. , , , -'
1 t' � i.. i , , i
/G
71
APPENDIX B—ZONING
Art. III, § 3.13
3.12.12. Special restrictions. All uses, including any
storage of materials or equipment, shall be carried on
in buildings fully enclosed on all sides.
Section 3.13. B-H Highway commercial.
i Purpose: To provide areas for commercial establishments
,,,..which function relatively independent of intensive pedestri
,
an traffic and proximity of other firms. These uses typically
and visibility from a major
require direct auto access to
arterial highway. Specifically, the intent of this district is:
To
'"',provide "for coordinated and concentrated,
development of highway -oriented commercial uses
3 Permitted uses
.13.1.
Residential: None
Accessory Uses: Ac principal
Accessory buildings (same pncipal
use). (Ord. of 12-10-75)
General Uses: Agriculture excluding farm animals;
parks, playgrounds (public); places of
museums; schools,
worship, libraries,
publ
ic private, colleges. .(Ord. of 12
10-75)
Commercial: mercial: Building material sales (fully enclosed); fur-
niture and home furnishing sales; bowling
Supp. No. 7 1219
in a commercial district.
2. To provide appropriate space with sufficient depth
from the street to satisfy the needs of modem
commercial development where access is entirely
dependent on the automobile.'
To encourage the development of highway corn
mercial uses in a manner which will not impair
the flow of traffic and which will minimize
hazards along the highway.
4. To provide for compatibility of land uses between
Highway Commercial Districts and surrounding,
1-1 Uses
3 Permitted uses
.13.1.
Residential: None
Accessory Uses: Ac principal
Accessory buildings (same pncipal
use). (Ord. of 12-10-75)
General Uses: Agriculture excluding farm animals;
parks, playgrounds (public); places of
museums; schools,
worship, libraries,
publ
ic private, colleges. .(Ord. of 12
10-75)
Commercial: mercial: Building material sales (fully enclosed); fur-
niture and home furnishing sales; bowling
Supp. No. 7 1219
e
Art. III, § 3.13 POUGHKEEPSIE CODE
alley; fully enclosed skating rinks; hotel,
motel; nurseries, greenhouses and fruit and
vegetable stands; offices including professional
offices and financial institutions, places
where particular kinds of business are trans-
acted or business services are supplied or per-
formed including but not limited to buildings
or rooms in which clerical work is performed,
or buildings or rooms utilized for the work of
administration, but excluding over the
counter products. Outdoor recreation in-
cluding miniature golf courses, archery
ranges, driving ranges and skating rinks.
Other recreational uses shall be allowed
which are not more objectionable to nearby
properties by reason of noise, fumes, vibra-
tion, and flashing lights than the aforemen-
tioned specific outdoor uses. Restaurants, (ex-
cluding fast food enterprises engaged in the
sale of food and beverages selected by pa-
trons from a limited line of prepared, special-
ized items such as hamburgers, chicken,
pizza, tacos, and hot dogs for consumption
either on or off the premises, in a facility
where the floor area available for dining is
less than one-half ('/z) of the gross floor area,
and a major portion of the sales to the public
is at drive-in or stand-up type counter. The
term fast food restaurant shall not include
bakeries and delicatessens). Pet stores, sports
and recreation equipment, hobby shop,
clothing boutique, shoe stores, antique shop
are included. (Ord. of 12-10-75; Res. of 12-1-
82; Res. of 6-21-89)
Industrial: None
3.13.2. Special use permit
Residential: None
Accessory Uses: None
Supp. No. 7 1220
APPENDIX TI—ZONING Art. III, § 3.13
General Uses: Golf courses, country clubs, police, fire
stations, public utility structures to
service locality and municipal build-
ings; temporary buildings for construc-
tion purposes, agriculture including
farm animals, veterinary offices, animal hos-
pitals. (Ord. of 12-10-75; Res. of 10-6-82)
Commercial: New and used automobile, boat and
trailer sales and rentals, provided that
such uses shall have two (2) side yards
having a minimum width of 20 feet each
in which no building, parking or outside
storage shall be located.
Major automobile repair activity inciden-
tal to the sale of motor vehicles.
Vehicle service facility. (Res. of 6-21-89)
Industrial: Warehousing, storage buildings.
3.13.3. Site plan approval: All uses are subject to Site Plan
Approval by the Planning Board.
3.13.4. Height. No building shall be erected to a height in
excess of two stories or 35 feet.
3.13.5. Lot area, depth and frontage. No lot shall have an
area of less than two acres, frontage of less than 200
feet on any highway abutting such lot and from which
10 highway access is provided thereto, and a depth of
less than 400 feet at any point.
3.13.6. Yards.
1. Front yard. Except for gasoline pumps which may
be erected within 40 feet of a street line, no
building or part thereof'shall be erected nearer to
any street line than 75 feet, except that on corner
lots the front yard on the street with the lesser
assessed valuation per linear foot of frontage may
be reduced to 30 feet.
Supp. No. 7 1221
Art. III, § 3.13 PnUGHKEEPSIE CODE.
2. Side yard. One side yard having a minimum
width of 30 feet shall be required along one side
lot line, except that no buildings shall be erected
nearer than 70 foet to any Residence District
Boundary.
3. Rear yard. There shall be a rear yard having a
depth of not less than 30 feet, except that no
building shall be erected nearer than 70 feet of
any Residence District boundary. In the case of an
irregular lot, the determination as to what
constitutes a side or rear yard shall be made by
the Building Inspector.
3.13.7. Maximum lot coverage. No building or buildings on
a lot, whether principal or accessory, shall cover more
than 20% of the area of the lot. (Ord. of 12-10-75; Ord. of
1-28-76)
3.13.8. Ingress and egress. For each lot there shall be at
least one (1) ingress and one (1) egress with a
minimum driveway width as follows:
1. For one-way driveways: 16 feet
2. For two-way driveways: 24 feet
The maximum number of such driveways shall be
two (2) for the first four hundred feet or fraction
thereof of lot frontage plus two (2) driveways for
each four hundred feet of lot frontage in excess of
the first four hundred feet.
3.13.9. Off-street parking requirements. There shall be
provided not less than 5.5 parking spaces per 1,000 sq.
ft. of floor area with no less than the following
number of spaces for the following exceptions:
1. Restaurants—One parking space for every 75
square feet of gross floor area.
2. Hotels and Motels—Five spaces plus one parking
space for each guest unit. One space for every 75
Supp. No, 7
1222
1223
APPENDIX B -ZONING Art. III, § 3.13
feet of gross floor area for restaurants and
square
other normal accessory uses.
3.
New and Used Automobiles—Boat and Trailer
Sales and Rental—One parking space for every
300 square feet of gross floor area plus one
feet of
parking space for every 5,000 square
outside storage area.
4.
Furniture and Home Furnishings Sales—One
parking space for every 300 square feet of gross
floor area.
5.
Bowling Alleys—Five parking spaces for each
alley.
6.
Fully Enclosed Skating Rinks—One space for
four seats and one space for each 500 square
every
feet of floor area not containing seats.
7.
Other Fully Enclosed Recreation Uses—One
parking space for every four seats and one
feet of floor
parking space for every 500 square
area not containing seats.
8.
Outdoor Recreation—Not less than one parking
space for every four persons in designed capacity
of facility.
9.
Fully enclosed building materials sales—Not less
than 5.5 parking spaces per 1,000 sq. ft. of floor
area.
10.
Real Estate Offices and Insurance Offices—One
parking space for every 500 square feet gross floor
area plus one parking space for each two
employees.
11.
Business Service Offices—One parking space for
every 500 square feet gross floor area plus one
parking space for each two employees.
12.
Business Offices not otherwise specified in above
off-street parking requirements—One space for
1223
1
Art. III, § 3.13 POUGHKEEPSIE CODE
every 200 square feet of gross floor area and plus
one parking space for every three (3) employees.
13. Warehouses—One parking space for each employ-
ee on the larger shift or one space for every 1700
square feet gross floor area, whichever is larger.
3.13.10. Off-street loading requirements. All loading and
unloading shall take place entirely on the lot, either
on the side or in the rear of any building and not
nearer than 50 feet from any Residence District
Boundary.
Warehousing—One off-street loading space for stand-
ing loading, and unloading shall be provided for each
20,000 square feet or less of gross floor area. Such
space is defined as an area of at least 50 feet in depth,
12 feet in width, with an overhead clearance of not
less than 14 feet, exclusive of access, platform, or
maneuvering area, to be used exclusively for the
loading and unloading of merchandise. All truck
loading and unloading facilities shall be designed
with appropriate means of truck access to a street or
alley as well as maneuvering areas.
3.13.11. Screening and Landscaping. A hedge, fence or
wall, of a design and material subject to approval by
the Planning Board, with a height of not less than six
(6) and, except in the case of planting screens, not
more than eight (8) feet, adequate to screen at all
seasons of the year the operations conducted on the
lot from the view of any abutting Residence District
shall be installed along any Residence District
Boundary.
The entire highway frontage of the lot except for
permitted driveways as specified in paragraph 3.13.8.
shall be landscaped on the lot to a depth of 20 feet
from the highway right-of-way line. (Ord. of 12-10-
75; Ord. of 1-28-76)
All required screening and landscaping shall he
maintained throughout the life of any use of which a
certificate of occupancy is granted.
1224
ha DeveCo hent Coundf, Inc.
Dutcfwss County Cp
1
53 Academy Street
• Poughkeepsie, New York 12601
4 Telephone (914) 473-4141
FAMILY DAY CARE FACT SHEET
Ernest Cannava
Chair of the Board
Neil Teicher
Vice chair 1. Family Day Care Homes are certified by the State of New York, under
Michael Kessler the jurisdiction of the Department of Social Services. In Dutchess
Treasurer County the certificates are issued by the county Department of Social
Deborah KatzServices and are valid for one year. The local Department of Social
Secretary
Services has contracted with the Dutchess County Child Development
Council to develop additional Family Day Care Homes, conduct the
Board of Directors:
Organizations Represented on
required training, offer technical assistance and inspect the homes to
American Association of ensure they are in compliance with the health and safety regulations
University Women • Association for y New York State. This inspection is done in conjunction
the Education of Young Children • set forth b
Astor Home for Children • with Dutchess County Health Department. The Council is also required
City of Poughkeepsie. Department
to make three additional visits during each licensing year, conduct
of Social Development • Cornell
Cooperative Extension of on-going trainings and be available to assist with concerns and problems
Dutchess County • Dutchess
Community College• the provider may have regarding the care and well-being of the children.
Dutchess County Art
Association • Dutchess Countyfamildcare is defined as "the care of not more
Community Action Agency Inc. 2. Under state law, family
• Dutchess County than six children provided in an individual's own home, except that as
Department of Health
Dutchess County Department many as eight children may be cared for if at least two of the chit ren
of Mental Hygiene • Dutchess are of school age and are receiving care primarily during non -school
County Department of Social
Services• Dutchess County hours and the authorized agency which certified the provider, as
Social Workers Club • determined that the provider can adequately care for the two additional
Family Services of Dutchesstt
County • Jewish Community Center children". Family day care must take place in the residence of the
• Junior League of Poughkeepsie provider.
It is not the same as a day care center, which is usually
League of Women Voters of
Dutchess County • Marist College • housed in a more institutional -type setting and cares for arger
Mental Health Association numbers of children.
in Dutchess County
National Association of
Social Workers • Professional 3• When there is a complaint regarding a family day care home,
Family Day Care Association
•Task Force depending on the nature of the complaint it is investigates by the
for Child Protection. Inc • Health Department and/or the Child Development Council in conjunction
Vassar College • YWCA
with the local Department of Social Services. If it is a complaint
Ellen Wild concerned with possible child abuse or neglect it is called in to
I Dneanr
the Child Abuse Hotline.
4. The activities which take place in a family day care home --
preparing meals, playing, napping, outdoor activities and running a
household - are identical to the activities provided in any home
45-s-kmwith young children. Since there is nothing more residential in
nature than caring for children, family day care is wholly compatible
with traditional residential uses.
Advisory Committee to
5. Family day care is a preferred form of care for infants and school
Dutchess County -
age children, the age groups for which parents have the most difficult
time locating child care. Families also prefer it because it provides
Q ---)art time care, allows for siblings to be cared for in one place near
P
ommodates a families' need for flexibility.
A United Way Agency home and acc
VP
6. Family day care is needed in your community. In Dutchess County
alone, the 1990 projected census shows 35,094 children nine years old
or younger (18,307 under the age of five). Knowing that statistically
about 60% of these children live in homes where there will be a need
for child care, it can be seen that with only 3,000 regulated slots for
children under the age of 5 there is and will continue to be a large gap
in the supply of child care in the county.
7. Onerous and expensive zoning requirements on family day care homes
diminish the number of certified providers and cause potential providers
to remain underground and unregulated, thus making safe, monitored care
less available to parents seeking care for their children.
CRANE WOLFSON ROBERTS & GRELLER
ATTORNEYS AND COUNSELLORS AT LAW
Page 2 Re: Zoning Amendments July 26, 1990
Interested agencies will include:
1. County Planning Board;
2. Town Planning Board;
3. Town Zoning Board of Appeals;
4. Town Conservation Agency Council;
5. Town Architectural Review Board; and
6. Adjacent Towns.
If there are any questions regarding our assignments please
contact me immediately. I would also like you to review the Town's
SEQRA ordinance which clearly states that zoning amendments are Type I
actions requiring impact statements (as opposed to generic impact
statements).
Very truly purs,
Albert P. Roberts
APR/aml
cc: Mrs. Constance Smith
Mrs. Elaine Snowden
Mr. Herbert Levenson
Dutchess County ChifdDevelopment Council, Inc.
0t
53 Academy Street
Poughkeepsie, New York 12601
`'� mr96ty p0 Telephone (914) 473-4141
Ernest Cannava
Chair of the Board My name is Ellen Wild
Neil Telcher
Vice Chair
Michael Kessler
Treasurer
Deborah Katz I am representing the Dutchess County Child Development Council.
Secretary
Organizations Represented on In considering zoning regulations for the town of Wappinger Falls,
Board of Directors:
American Association of
I would like the board to consider ordinances for Family Day Care
University Women • Association for
the Education of Young Children
Astor Home for Children •
which are meaningful and useful to the protection of the children in
City of Poughkeepsie, Department
of Social Development • Cornell
Cooperative Extension of
care, while encouraging the development of Family Day Care in your
Dutchess County • Dutchess
Community College •
Dutchess County Art
community. These requirements should not impede the development of
Association • Dutchess County
Community Action Agency, Inc.
• Dutchess County
new homes by the imposition of undue hardships on potential providers,
Department of Health
Dutchess County Department
of Mental Hygiene • Dutchess
financially or otherwise.
County Department of Social
Services • Dutchess County
Social Workers Club
Family Services of Dutchess
I am submitting for review a fact sheet about Family Day Care, which
County • Jewish Community Center
• Junior League of Poughkeepsie
League of Women Voters of
includes information concerning the extensive regulation of day care
Dutchess County • Marisl College -
Mental Health Association
in Dutchess County •
providers by the Department of Social Services and the Department
National Association of
Social Workers • Professional
Family Day Care Association
of Health as well as statistics and definitions relating to Family
• Task Force
for Child Protection, Inc. •
Vassar College • YWCA
Day Care.
Ellen Wild
Executive Director
I am also submitting for review a portion of the Family Day Care
Registration Bill (A972B) on which the Governor took action July 24,
1990. The section I am submitting will take effect 120 days after
P 1 S
that date, with the remainder of the bill to take effect one year
Advisory Committee to after that date.
Dutchess County
Yui- These changes show the value placed on Family Day Care. We are all
A United Way Agency working toward the same goal, to provide a safe, quality environment
for children. To meet this goal we need to work together. We are eager
to work with officials and offer assistance to reach our common goal.
FAMILY DAY CARE REGISTRATION BILL
A972 -B/55686 -B prohibits a village, town, city, or county from
enacting a law, ordinance, rule, or regulation which would
impose standards for sanitation, health, fire safety, or
building construction (other than those required by NYSDSS
family day care regulations) on a one or two family dwelling
or multiple dwelling used to provide family day care or group
family day care than would be applicable were such child care
not provided on the premises. This new zoning law will take
effect 120 days after the bill is signed into law.
August 16, 1990
Supervisor Constance Smith
Town of Wappingers Falls
20 Middlebush Road
Wappingers Falls, N.Y. 12590
Dear Supervisor Smith and Town Board members,
I wish to comment on the proposed zonning for the town of
Wappingers Falls. Having been a resident of Wappingers
Falls for the past decade, I find the unchecked growth in
development of the town very disturbing.
I am in favor of having a more stringent zoning law for
the town of Wappingers Falls. Growth in the town appears to
be unrestrained causing problems for residents of the town.
Problems such as increase in traffic, loss of the rural
character the town once possessed, increase in car
pollution, increase in taxing of the water system,
contamination of our water system, increase in the number
of traffic lights at intersections and what seems to matter
most to people, increase in sewer/water fees, and increase
in school and property taxes. All these negative impacts
can be attributed to the increase of development in the
town.
It is time for unrestrained growth to cease. Many of the
residents in the town share similar feelings. In a
questionnaire sent to the residents of the town a few years
ago, we were asked our thoughts on the growth of the town.
An overwhelming number of responses were in favor of less
development. As representatives for the residents of the
town, you are obliged to address the wishes of the
residents.
I believe most residents would say the single
overwhelming reason they oppose unmanaged development is
increase in taxes/fees. The trouble is that you will not
hear those voices until taxes/fees rise. And they will rise
with increase in development. In the November 1989 Cornell
Cooperative Extension Dutchess County 'Dutchess Life', a
study showed that residential expenditures exceeded the
revenue income of two towns: Northeast and Beekman. They
were chosen as representative of an agricultural town and
an urban town, respectively. The
expenditures in each of the towns
Northeast
----------
Residential
________
Residential 1:1.36
Agriculture 1:0.21
Commercial 1:0.29
ratio of revenues to
were:
Beekman
1:1.12
1:0.48
1:0.18
I am sure that numbers like these are applicable to
Wappingers Falls. Should we not be told of these statistics
instead of being told that increased development will
reduce taxes? As we can see, that is not true! It is no
wonder that my taxes never cease to increase. The people
that are hurt the most by these increases are those life
long residents of the town that are on fixed income. It is
not fair that they be forced to move to places like Florida
since they may no longer be able to afford to live in their
hometown.
Aside from the monetary depletion of my wallet, my true
resentment to unchecked development is loss of open space.
Open space being land that is set aside for people and for
wildlife. People need recreations areas and wildlife
requires habitat with minimal access to humans. Wildlife
act as an early warning system indicating the state of our
environment. Practices such as land conservancy, purchase
of development rights, leasing of development rights,
conservation easement, limited development and cluster
development should be incorporated into the town's planning
on a daily basis. Indiscriminate clearcutting of trees must
cease where development does occur. We all know that tree
provide us with oxygen but did you know that when they are
cut down they release their stored carbon dioxide thus
adding further to the `greenhouse affect'. In the May 1990
issues of the 'Dutchess Planner', a study done in Boulder,
Colorado, showed the cost for open space and non -open space
lands. The average annual cost of maintaining open space
land was $75 per acre. The average annual cost of
maintaining non -open space land was $2,524 per acre. Again,
a great majority of residents would probably be more
interested in the dollars and cents. The study also showed
how these open spaces increased adjacent property values.
Farms provide towns with many benefits - panoramic views,
water shed to recharge aquifers, air shed to purify air,
wildlife habitat, management of open spaces and the ability
to purchase farm fresh foods in your town. They add to the
local economy and do not tax the resources of the towns the
way developments do. Preserving the few remaining farms in
the town is imperative. It would be a shame if we were to
lose them also.
A special mention has to be made for protection of
wetlands. This must not pertain to just DEC approved areas.
Wetlands play a very important role in purification of
water and recharging of aquifers. The town must take a
stand that areas that flood on a consistent basis are off
limits to development. To develop these areas worsen the
quality of water in the town and consume town revenue when
the town has to go in to fix drainage problems. People who
purchase homes next to wetland should be informed of the
benefits of wetlands and the 'rights` wetlands are entitled
to. Man's interference with mother nature's work has a
very long list of detrimental effects to our world. Every
little bit helps. One last word on the environment, 'think
globally, act locally'.
In closing, I urge the town board and planning department
to stop doing business as usual. It is time that we act
responsibly to the detrimental affects of unmanaged
development. Aside from the environmental concerns, you
will get no opposition from the majority of residents in
your efforts to minimize increases in costs to live in the
town. Having a zoning policy that benefits all of the town
will make our lives more enjoyable today and in the years
to come.
Sincerely,
TOWN CLERK
ELAINE H. SNOWDEN
(914) 297-5771
August 30, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
Supervisor,:' Town, of Wapping2t.•
Town Clerk, Town of Wappinger
Conservation Advisory Council Chairman
Town Planning Board
Dutchess County Planning Board
Dutchess County Legislature
Dutchess County Executive
Dutchess County Environmental Management Council
Commissions Department of Environmental Conservation
NYS Department of Environmental Conservation, Region
SUPERVISOR
CONSTANCE O. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPH INCORONATO
ROBERT L. VALDATI
JUNE A. VISCONTI
SEPT 1 0 go
..VL.. _L �-.. Lam.. �- • �..•.-......4
3
RE: Amendments to Zoning Ordinance & Map of the Town of Wappinger
Positive Declaration Issued by Town Board
Lead Agency Designated as Town Board
We are enclosing herewith Resolution Adopted by the Town Board of
the Town of Wappinger at a Regular Meeting of August 27th, 1990,
declaring a Positive Determination of Significance for the above
captioned project and Town Board declared Lead Agency.
Elaine H. Snowden
Town Clerk
Town of Wappinger
M
TOWN CLERK
ELAINE H. SNOWDEN
(914)297-5771
August 30, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590.0324
Supervisor, Town of Wappinger
Town Clerk, Town of Wappinger
Conservation Advisory Council Chairman
Town Planning Board
Dutchess County Planning Board
Dutchess County Legislature
Dutchess County Executive
Dutchess County Environmental Management Council
Commissioner Department;of-.Environmental Conservation}
NYS Department of Environmental Conservation, Region 3
SUPERVISOR
CONSTANCE 0. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPHINCORONA70
ROBERT L. VALDATI
JUNE A. VISCONTI
RE: Amendments to Zoning Ordinance & Map of the Town of Wappinger
Positive Declaration Issued by Town Board
Lead Agency Designated as Town Board
We are enclosing herewith Resolution Adopted by the Town Board of
the Town of Wappinger at a Regular Meeting of August 27th, 1990,
declaring a Positive Determination of Significance for the above
captioned project and Town Board declared Lead Agency.
Elaine H. Snowden
Town Clerk
Town of Wappinger
gr
Commissioner - Department of Environmental Conservation for filing and publication
of Positive Declatation.
EHS
TOWN CLERK
ELAINE H. SNOWDEN
(914) 2975771
August 30, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590.0324
Supervisor, Town of Wappinger
Town Clerk, Town of Wappinger
Conservation Advisory Council Chairman
Town Planning Board
Dutchess County Planning Board
Dutchess County Legislature
Dutchess County Executive
Dutchess County Environmental Management Council
Commissioner Department of Environmental Conservation
NYS Department of Environmental Conservation, Region 3
SUPERVISOR
CONSTANCE O. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPH INCORONATO
ROBERT L. VALDATI
JUNE A. VISCONTI
RE: Amendments to Zoning Ordinance & Map of the Town of Wappinger
Positive Declaration Issued by Town Board
Lead Agency Designated as Town Board
We are enclosing herewith Resolution Adopted by the Town Board of
the Town of Wappinger at a Regular Meeting of August 27th, 1990,
declaring a Positive Determination of Significance for the above
captioned project and Town Board declared Lead Agency.
Elaine H. Snowden
Town Clerk
Town of Wappinger
gr
cc: Bd. Architectural Review
Zoning Board of Appeals
RECEIVED
OCT 2 2 1990
ELAINE SNOWDEN
TOWN CLERK
October 18, 1990
Town Board
Town of Wappinger
20 Middlebush Rd.
Wappingers Falls, NY 12590
RE: Proposed Zoning Amendments
Dear Board Members:
I am the owner of approximately 21 acres of land on Myers
Corners Road to the immediate South of the Wappinger (Waldbaum)
Plaza. I am 78 years old, have been a life long resident of the
Town of Wappinger and this parcel of property has been in my
family for over 100 years. The property is presently Zoned
Shopping Center and is surrounded by properties presently Zoned
Shopping Center. The property is currently on the market and a
number of people have expressed an interest in the property.
However, it is my understanding that the proposed zoning
amendments will downgrade the zoning classification of my
property to Conservation Office Park. It is respectfully
submitted that at present, Southern Dutchess County, in general,
and the Town of Wappinger, in particular, has a surplus of office
space. To rezone this property to a zoning classification for
which there is no use is tantamount to making this property
unsellable at considerable personal expense to me.
This property is most suited for commercial retail
development consistent with other uses in the immediate vicinity.
The property use to the North (Wappinger Plaza), South (Alpine
Project) and West are all commercial in nature and the property
is approximately 100 feet from Route 9. The property is soon to
be sandwiched in between two shopping centers: The Wappinger
Plaza and the Alpine Shopping Center, thereby making my property
an island surrounded by incompatible restrictions.
Page Two
RE: Proposed Zoning Amendments
October 18, 1990
In addition, I am informed that when one considers the size
of the property, the character of the area which surrounds the
property and the detriment I will suffer as a result of the
rezoning, the zoning amendment constitutes "spot zoning" and is
subject to invalidation by the courts. However, more importantly
this type of zoning is simply inconsistent with existing land
uses in the area.
It is my understanding that the Conservation Office Park
classification was designed to address sites that have "sensitive
environmental features". The Department of Environmental
Conservation has already designated a portion of my property as
low grade wetlands and I submit that the stringent DEC
regulations concerning wetlands will address any environmental
concerns. I submit that no further restrictions should be placed
on the property by the Town.
In sum, the rezoning of my land is confiscatory,
discriminatory, not in accordance with a comprehensive, well -
considered plan, and constitutes "spot zoning". I therefore
object to the proposed rezoning of my property from Shopping
Center to Conservation Office Park.
Sincerely,
Amenia R. Niess n
ARN:lds
September 28, 1990
PLEASE BE INFORMED THAT THE AMENDED ZONING ORDINANCE, MAP AND
DRAFT ENVIRONMENTAL IMPACT STATEMENT WAS HAND DELIVERED THIS DAY
BY HERBERT LEVENSON, ZONING ADMINISTRATOR, TOWN OF WAPPINGER.
THIS IS THE COVER LETTER THAT SHOULD HAVE ACCOMPANIED THESE
DOCUMENTS.
GLADYS RUIT
DEPUTY TOWN CLERK
TOWN OF WAPPINGER
TOWN CLERK
ELAINE H. SNOWDEN
(914) 297-5771
September 26, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBLISH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
TOWN OF EAST FISHKILL
TOWN OF FISHKILL
TOWN OF LAGRANGE
TOWN OF POUGHKEEPSIE
VILLAGE OF WAPPINGERS FALLS
ORANGE COUNTY LEGISLATURE, Orange Co.
CLERK, DUTCHESS COUNTY LEGISLATURE
SUPERVISOR
CONSTANCE 0. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPH INCORONATO
ROBERT L. VALDATI
JUNE A. VISCONTI
Gov. Ctr. Main St. Goshen 10924
TOWN OF NEWBURGH 2O-26 Union Ave. Ext., Newburgh, N.Y. 12550
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 a proposed Local Law Amending the Zoning Ordinance
of the Town of Wappinger, by additions/revisions/amendments to
certain Articles/Sections of the Ordinance and Zoning Map, on
THURSDAY, OCTOBER 18, 1990, at ROY C. KETCHAM HIGH SCHOOL,
MYERS CORNERS ROAD TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK.
PLEASE TAKE FURTHER NOTICE that simultaneously with the Public
Hearing on the aforesaid proposed Local Law, the Town Board will
also conduct a Public Hearing regarding the Draft Environmental
Impact Statement.
All interested persons are welcome to attend and offer their
comments and/or questions on said proposed Local Law.
ELAINE H. SNOWDEN
TOWN CLERK
TOWN OF WAPPINGER
gr
TOWN CLERK
ELAINE H. SNOWDEN
(914) 297-5771
September 25, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590.0324
Commissioner Roger P. Akeley
Dutchess County Department of Planning
27 High Street
Poughkeepsie, New York 12601
Re: Amendments to Zoning Ordinance
and Map, Town of Wappinger
Dear Commissioner Akeley:
SUPERVISOR
CONSTANCE O. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPH INCORONATO
ROBERT L. VALDATI
JUNE A. VISCONTI
We are enclosing herewith a proposed Local Law Amending the Zoning
Ordinance and Map of the Town of Wappinger which was introduced at
the Regular Meeting of the Town Board held September 24, 1990. The
Draft Generic Impact Statement, prepared by Planner Raymond Arnold
was accepted by the Town Board at said meeting and is also enclosed.
These Amendments and GEIS have been referred to your Department
for review and recommendation pursuant to Section 239-m of General
Municipal Law.
A Public Hearing has been set for Thursday, October 18th, 1990 at
7:30 P.M. at the Roy C. Ketcham High School, Myers Corners Road, Town
of Wappinger for all interested people to be heard.
Yours truly,
Elaine H. Snowden
Town Clerk
gr
encl. (Amendments, Map, GEIS)
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590-0324
(914)297-6257
TOWN OF WAPPINGER
HERBERT J.LEVENSON
ZONING ADMINISTRATOR
To: Town Board, Town of Wappinger
From: Herbert J. Levenson, Zoning Administrator
Re:New Zoning Ordinance
Date: September 24, 1990
I have reviewed the Draft Environmental Impact Statement, and find
it to be complete and should be accepted.
Thank you for the opportunity of participating in this very
important task.
HJL/jf
i
STATE OF NEW YORK
COUNTY OF DUTCH ESS
I, HERBERT J. LEVENSON, ZONING ADMINISTRATOR OF THE TOWN OF WAPPINGER, do dolemnly
depose and swear that the following agencies were mailed a FINAL GENERIC IMPACT
STATEMENT on November 13, 1990:
1. Town of Wappinger Architectural Review Board
2. Dutchess County Office of County Executive
3. Dutchess County, Clerk of Legislature
4. Dutchess County Department of Planning
5. Dutchess County Planning Board
6. Dutchess County Environmental Management Council
7. Dutchess County Department of Health
8. Dutchess County Department of Public Works
9. Orange County Clerk of the Legislature
10.. New York State Department of Transportation
11. Commissioner NYS Department of Environmental Conservation
12. Region #3 NYS Department of Environmental Conservation
13. Arlington Central School District
14. Beacon City School District
15. Wappinger Central School District
16. Chelsea Fire District
17. Hughsonville Fire District
18. New Hackensack Fire District
19. Town of East Fishkill
20. Town of Fishkill
21. Town of LaGrange
22. Town of Newburgh
23. Town of Poughkeepsie
24. Village of Wappingers Falls
AFFIRMATION: (INDIVIDUAL)
STATE OF /Vzk
SS:
COUNTY OF �,: wQ"�
ON THE / L/' " DAY OF 19 ' " , BEFORE ME PERSONALLY CAME
TO ME KNOWN TO BE THE INDIVIDUAL
DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED
THAT >�� EXECUTED THE SAME.
NOTARY PUBLIC
�y Public, State of New Yoh
No 2381720
Qualified iri Dutchess County
Commission Expires 10/31/10
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, JEAN FRANCESE, SECRETARY TO THE ZONING ADMINISTRATOR OF THE TOWN OF WAPPINGER,
do solemnly depose and swear that the following persons or agencies were delivered
a FINAL GENERIC IMPACT STATEMENT ON November 13, 1990:
1. Town of Wappinger Town Clerk
2. Town of Wappinger Conservation Advisory Council
3. Planning Board members
4. Zoning Board of Appeals members
5. Grinnell Library
AFFIRMATION: (INDIVIDUAL)
STATE OF l b�
SS:
COUNTY OFL7
ON THE Q 'DAY OF Q �
19/Q BEFORE ME PERSONALLY CAME
TO ME KNOWN TO BE THE INDIVIDUAL
DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED
THAT A�'4. EXECUTED THE SAME.
,Z,d,
NOTARY PU LIC
.LINDA M. LIUCCI
Notary Puh11C ` .;:'e of NeWY64
N„ �s81720
Qualified in Dutchess County
COMIX16WOn ttxp!►se 10/31/10.
TOWN CLERK
ELAINE H. SNOWDEN
(914) 297-5771
November 27th, 1990
TOWN OF WAPPINGER
TOWN CLERK'S OFFICE
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, N.Y. 12590-0324
Commissioner Roger P. Akeley
Dutchess County Department of Planning
27 High Street
Poughkeepsie, New York 12601
Re: Amendments to Zoning Ordinance & Map
Town of Wappinger --Local Law #5 of 1990
Dear Commissioner Akeley:
SUPERVISOR
CONSTANCE 0. SMITH
TOWN COUNCIL
VICTOR L. FANUELE
JOSEPH INCORONATO
ROBERT L. VALDATI
JUNE A. VISCONTI
At the Regular Meeting of the Town Board of the Town of Wappinger
held November 26th, 1990, the Amendments to the Zoning Ordinance
and Map were unanimously adopted and are enclosed herewith.
Also enclosed is a Resolution setting forth reasons of the Town
Board for adopting the Amendments and excluding the recommendations
of the Dutchess County Department of Planning. They will, however,
be considered in future amendments as the need arises for the
benefit of our residents.
We thank you for your help and cooperation during this lengthy process.
Yours very truly,
Elaine H. Snowden
Town Clerk
gr
encl. (2) & Map
WAPPINGER ZONING REGULATIONS AMENDED -- NOVEMBER 26, 1990
TO PUT THESE AMENDMENTS INTO PERSPECTIVE, IT'S IMPORTANT TO
UNDERSTAND THAT ZONING FORMS THE FRAMEWORK AND DIRECTION FOR
THE DEVELOPMENT OF A COMMUNITY.
THE FUNDAMENTAL OBJECTIVE OF ZONING IS TO PROMOTE
RESIDENTIAL, COMMERCIAL AND INDUSTRIAL LAND USE THAT IS
COMPATIBLE WITH THE INFRASTRUCTURE OF A MUNICIPALITY.
BASICALLY, IT MEANS ENSURING THAT DEVELOPMENT CAN BE
SUPPORTED BY THE AVAILABILITY OF SUCH KEY RESOURCES AS:
o WATER AND SEWAGE TREATMENT FACILITIES
o SUFFICIENT ROADS AND HIGHWAYS
o STORM DRAINAGE
o RECREATIONAL FACILITIES
o FIRE AND POLICE PROTECTION.
ADDITIONALLY, ZONING IS INTENDED TO HELP PRESERVE THE
NATURAL BEAUTY OF OUR TOWN. I BELIEVE THE AMENDMENTS BEING
OFFERED BY THIS BOARD GO A LONG WAY TOWARD PROMOTING THOSE
GOALS.
FOR EXAMPLE, TWO NEW RESIDENTIAL DISTRICTS -- R/40-80 AND
R/20-40 -- WERE ESTABLISHED TO PROTECT ENVIRONMENTALLY
SENSITVE AREAS. HERE, THE REVISED ORDINANCE PROVIDES
FLEXIBLE DENSITY OPTIONS BASED ON THE AVAILABILITY OF
CENTRAL WATER AND SEWER HOOKUPS.
THUS, AREAS THAT ARE UNABLE TO SUPPORT HIGH POPULATION
DENSITIES -- SUCH AS CHELSEA HAMLET, WHEELER HILL ROAD, AND
THE REGION EAST OF ROUTE 376 -- WILL BE SAFEGUARDED BY THE
MORE STRINGENT TWO -ACRE DEVELOPMENT STANDARD WHERE FUTURE
HOUSING DEVELOPMENTS LACK CENTRAL WATER AND SEWER
FACILITIES.
ALSO, A NEW TWO-FAMILY ZONE HAS BEEN CREATED FOR TRACTS OF
LAND ALONG ROUTE 9, PROVIDING FOR SOME ADDED AFFORDABILITY
IN HOME OWNERSHIP AND HOUSING RENTAL UNITS.
IN THE COMMERCIAL AREAS, ONE OF THE MOST IMPORTANT
IMPROVEMENTS TO OUR ORDINANCE WAS THE CREATION OF A HIGHWAY
DESIGN DISTRICT WITH A MINIMUM FIVE -ACRE LOT SIZE, ALONG THE
ROUTE 9 CORRIDOR.
THIS NEW HD DESIGNATION APPLIES TO SEVERAL HIGHWAY TRACTS OF
LAND FORMERLY ZONED ONE AND TWO ACRES. THIS WILL RESULT IN
A SMALLER NUMBER OF ENTRANCES AND EXITS THAT CAN BE BUILT
ALONG ROUTE 9 IN THE FUTURE, THEREBY EASING TRAFFIC FLOW.
IN ADDITION TO THE EXISTING PLANNED UNIT DEVELOPMENT, WHICH
ALLOWS FOR A COMBINATION OF RESIDENTIAL AND NON-RESIDENTIAL
DEVELOPMENT ON VERY LARGE TRACTS OF LAND -- A MIXED USE
CATEGORY WAS CREATED THAT PERMITS A MIXTURE OF BUSINESS AND
RESIDENTIAL CONSTRUCTION ON PARCELS AS SMALL AS TWO ACRES.
HERE AGAIN, OUR REVISED ORDINANCE EXPANDS THE OPTIONS
AVAILABLE TO DEVELOPERS WHILE SERVING THE COMMUNITY NEEDS
FOR AN ENHANCED TAX BASE AND ADDITIONAL HOUSING.
ALSO, THE LISTING OF ALLOWED PRIMARY AND ACCESSORY LAND USES
HAS BEEN REWRITTEN FOR CLARITY AND EASE OF INTERPRETATION IN
SECTIONS 420 AND 421.
TO EXPEDITE ADMINISTRATION OF THE SPECIAL USE PERMIT
APPLICATION PROCESS, THIS AUTHORITY WILL BE TRANSFERRED FROM
THE ZONING BOARD OF APPEALS TO THE PLANNING BOARD.
FURTHER, WE HAVE ADDED TEETH TO THE ENFORCEMENT PROVISIONS
OF THE ORDINANCE BY INCREASING THE FINE TO $1,000 PER
VIOLATION AND UP TO SIX MONTHS IN JAIL FOR REPEAT OFFENDERS.
SO I THINK I ECHO THE FEELINGS OF MY COLLEAGUES IN THAT
TONIGHT MARKS A MILESTONE IN THE ACCOMPLISHMENTS OF THIS
ADMINISTRATION.
WHILE THIS BOARD CAN BE PROUD OF ITS WORK, WE SHOULDN'T BE
COMPLACENT OR TIMID ABOUT CONTINUALLY SCRUTINIZING AND
STRENGTHENING THE ZONING ORDINANCE AS COMMUNITY NEEDS
CHANGE.
MOREOVER, SOME CHANGES WILL BE TRIGGERED BY NEW YORK STATE
CASE LAW AND LEGAL PRECEDENTS. FOR INSTANCE, THE COURT
RECENTLY RULED THAT ALL LOCAL SOIL MINING PROVISIONS ARE NOW
INVALID BECAUSE THEY ARE SUPERSEDED BY NEW YORK STATE D.E.C.
STATUTES.
THIS MEANS NEXT YEAR WE WILL AGAIN HAVE TO AMEND THE
WAPPINGER ORDINANCE TO DELETE THE SOIL MINING SECTION
CONTAINED IN OUR REGULATIONS.
ANOTHER RULING, RECENTLY FROM THE STATE ATTORNEY GENERAL'S
OFFICE, IS THAT CHILD CARE CENTERS -- THOSE HANDLING SIX OR
LESS CHILDREN IN A PRIVATE RESIDENCE -- ARE NOT SUBJECT TO
SPECIAL USE PERMIT OR ANY OTHER REGULATIONS BY A
MUNICIPALITY.
WAPPINGER IS AFFECTED BY THE RULING. AND HERE AGAIN, EARLY
NEXT YEAR WE MUST COMPLY AND STRIKE THIS PROVISION FROM OUR
ORDINANCE.
P,
AND SURELY, THE RELENTLESS PRESSURE FOR MORE HOUSING AND THE
INTENSIFICATION OF COMMERCIAL DEVELOPMENT ALONG ROUTE 9 WILL
REQUIRE EVEN GREATER FOCUS BY MUNICIPAL OFFICIALS IN THE
YEARS AHEAD. TO DEAL WITH THE CHALLENGES OF GROWTH AND
CHANGE, ZONING MUST BECOME AN EVOLUTIONARY AND ONGOING
PROCESS.
BESIDES EMPHASIZING THE NEED FOR CONTINUAL REFINEMENT OF OUR
ZONING REGULATIONS, I ALSO WANT TO TAKE THIS OPPORTUNITY TO
THANK THE WAPPINGER PLANNING BOARD, ZONING BOARD OF APPEALS,
AND ZONING ADMINISTRATOR FOR THEIR CONTRIBUTIONS. THEY
SHARED WITH US THEIR KNOWLEDGE AND ENERGIES IN THIS
FORMIDABLE TASK.
I'M ESPECIALLY GRATEFUL TO OUR HIRED PROFESSIONALS --
PLANNING CONSULTANT RAY ARNOLD, AND ATTORNEY AL ROBERTS --
FOR GETTING US OVER THE MANY ADMINISTRATIVE HURDLES AND
LEGAL MINEFIELDS INVOLVED IN THIS ZONING OVERHAUL.
MOST OF ALL, I WANT TO RECOGNIZE MY FELLOW BOARD MEMBERS FOR
THEIR CONCERN, COOPERATION AND OPEN-MINDEDNESS IN ADDRESSING
THE FUTURE NEEDS OF OUR COMMUNITY.
MY THANKS TO ALL OF YOU.
IO9a
Ms. Connie Smith
Supervisor, Town of
Wappinger
Town Hall
P. O. Box 324
20 Middlebush Road
Wappingers Falls, NY 12590
Dear Supervisor Smith,
We own property located on Peel Lane and it runs to Edgehill
Drive. We understand that the Town is preparing a Master Plan and
we would appreciate it if in the rezoning the Town would consider
a zoning classification which would permit the subdivision of our
property into two lots. Our existing house would remain on that
land the other lot would abutt Edgehill Drive. The proposed lots
would be designated Lots 7A and 7B and each would be over one-half
of an acre. (sketch annexed)
There are compelling reasons why this should be permitted.
1. It is consistent with all of the surrounding lots.
2. The existing lot which is 1.17 acres leaves a large
unused portion of property which has become or will become a "dumping
ground" and illegal parking area.
There does not appear to be any logical reason why this should
not be permitted and it appears to be a method of increasing the
use of the property while being consistent with the Town's overall
plans.
Thank you.
Sincerely,
encl.
Ronald Walden Claire Walden
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HERBERT H. REDL
June 27, 1990
Ms. Constance Smith
Town Supervisor
Town of Wappinger
20 Middlebush Road
PO Box 324
Wappingers Falls, NY 12590
Dear Mrs. Smith:
ALLSPORT BUILDING
240A NORTH ROAD
POUGHKEEPSIE. N.Y. 12601
914-471-3388
As per our conversation, I have enclosed a copy of my letter to Mrs. Paino
dated March 16, 1989 and a copy of Mrs. Paino's response letter dated March 29,
1989. I have also enclosed two additional letters, one from Gerald McDonald,
Executive Director of the Dutchess County Economic Development Corporation, and
Mrs. Paino's response letter to him. In reviewing these letters, you will find
that there was, and still is, a tremendous amount of empty office space in
Dutchess County.
I strongly urge your committee to leave my property at its present zoning,
Highway Business, for several reasons. First, my main business, self-service
storage, will be non -conforming if my zoning is changed. Secondly, in
reviewing permit rights, #8 of this, a copy of which is enclosed, is a very
important portion of renting space, especially with the cleaners. I am now
discussing the possibility of American Cleaners, a large franchise which
provides same-day service, to occupy approximately 6,000 square feet. This
would be permitted in Highway Business.
Another reason for leaving my zoning as is is that warehousing is permitted.
Because of the office space glut in the market, I have been before the Boards
beginning in November of last year, reviewing plans for a two-story building
with my intentions to be for the the first level to be retail and the second
level office space. Because of the amount of empty office space, my intention
was to design this space so that I could use some of the second floor for
climate control warehousing. We currently have one building now that is
climate control, and we do have a waiting list.
Constance Smith -2- ,,r June 27, 1990
I urge the Board not to change my existing zoning whereby I am non -conforming
because of the tight office market and the fact that I would like to make use
of some of the second level for warehouse and storage. I have spent a great
deal of time and money in engineering fees, architects, land improvement, and
Town fees, and such a change would create a tremendous hardship.
Your consideration in this matter is greatly needed and very much appreciated.
Yours truly,
/111__�
Herbert H. Redl
HHR:lmd
encs.
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS, NY 12590.0324
914-297-2744
f
TOWN OF WAPPINGER
Mr. Gerald McDonald
Executive Director
Dutchess County Economic Development Corporation
532 Albany Post Road
Hyde Park, New York 12538
Dear Mr. McDonald:
APR 031989
Butcae�s 6ouAfi�►
�Eohbf It Development CagX
qdb k *� tYvrk 12538
IRENE M. PAINO
SUPERVISOR
March 29, 1989
Thank you for your informative letter regarding the current
and planned office space for Dutchess County.
As a result of the data you presented, we have decided to.
eliminate the areas of Route 9 that had been proposed as Office
(0). We still have retained the proposed Conservation Office Park
(COP) designations. COP is a flexible zone which permits not only
office space but also uses such as: Designated Multiple Use
Development, single family dwelling units, warehousing and
recreation. Enclosed is a copy of the proposed ordinance.
If you have any further questions, please feel free to contact
me at 297-2744.
Sin erely,
rene M. Paino
Supervisor
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• GERALD McDONALD
Executive Director
Ms. Irene Paino
^upervisor
Town of Wappinger.
20 Baldwin Drive
Wappingers Falls, NY 12590
Dear Ms. Paino:
March 17. 1989
Herb Itedl of the Dutchess County Economic Development Board of Directors
has asked me to provide you with some facts from a recent office survey
of Dutchess County.
There is currently 600,000 s.f. of Class A space available in the
County. Since 3.982 the absorption of space in Dutchess County has
averaged approximately 100,000 s.f. per year. At the present time there
is over 2.5 million s.f. either under construction, planned or proposed
for Dutchess County.
I hope this gives you some idea as to the state of office space in our
area.
Sincerely,
Gerald McDonald
/ams
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
914-297.2744
TOWN OF WAPPINGER
March 29, 1989
Mr. Herb Redl
240A North Road
Poughkeepsie, New York 12601
Dear Herb:
IRENE M. PAINO
SUPERVISOR
As I mentioned to you during our telephone conversation last
week, the Growth Management Committee majority voted in favor of
leaving your properties zoned as they are presently. I copied
Dutchess County Planner Holly Thomas on your correspondence so
that she would have the grid numbers correct.
Thank you for the information on the current and projected
square footage of office space in Dutchess County. As a result
of reading Mr. McDonald's letter, the majority of the Growth
Management Committee voted to remove the "0" zone from Route 9.
We did, however, retain the Conservation Office Park (COP) zones.
As you can see by the enclosed copy of the COP portion of the
proposed ordinance, COP is a flexible zone. In addition to office
space it also permits: lodging, recreational facilities, ware-
housing► retail sales, multiple use development and residential
units, among others.
If you have any further comments, please do not hesitate to
call me at 297-2744.
IMP/aj
Warm ersonal regards,
Ir ne M. Pain
Supervisor
I11�1 I''h II. I -j,1 1)L
March 16, 1989
Ms. Irene Paino
Town Supervisor
Town of Wappingers
20 Middlebush Road
Wappingers Falls, NY 12590
RE: Rezoning of the Town of Wappingers
Dear Supervisor Paino:
ALLSPORT BUILDING
••r 240A NORTH ROAD
POUGHKEEPSIE. N.V. 12601
914-471-3388
I am very concerned about the rezoning of the Town of Wappingers.
Approximately two weeks ago, I was in Mr. Levenson's,,office concerning
Witchey's garage and I learned that the Town was rezoning my commercial
properties, which I have bought and paid for as commercial investments and
erected commercial businesses upon. These properties are being considered for
rezoning to offices. The properties I am desribing are as follows:
Guardian Self -Storage,
(Rt. 9 & New Hackensack Rd)
Meineke Muffler Building
Dr. Asseffi's property
Guardian Self -Storage
(across from Lawrence Farms)
/ Grid #19-6158-04-548355-00
\ Grid #19-6158-04-548355-99
Grid #19-6156-02-753949-00
Grid #19-6158-04-528414-00
Grid #19-6156-02-774941-00
These properties were all purchased with the intent of developing commercially
and all of these properties have been used commercially for many many years.
Changing the zoning to office space would create a tremendous financial loss
and would almost make these properties unusable.
At the present time, this area has 500,000 square feet of office space
available. This figure includes buildings under construction. It also has
1,000,000 square feet of space that has either been approved with building
permits or is before the planning board for approval. 1 have been informed by
Gerry MacDonald, who is the Executive Director for the Dutchess County Economic
Development Corporation, thathis research shows that Dutchess County will only
be able to absorb 100,000 square feet per year in space. This means that we
have between five to fifteen years of office space available before the County
would begin to feel the need for any additional office space. A copy of a
letter received from Gerry MacDonald confirming my figures is enclosed.
Irene Paino
-2- 1 March 16, 1989
Again, I would like to emphasize that changing the zoning on these properties
would cause tremendous financial loss. After you have had the chance to review
my comments, I would appreciate your contacting me so that we may discuss the
situation in greater detail.
I appreciate your consideration in this matter and look forward to hearing from
you.
Yours truly,
Herbert H. Redl
HHR:lmd -
enc.
w
r
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E. RAPPLEYEA
DANIEL F. CURTIN*
FRED W. SCHAEFFER
JON HOLDEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN*
WILLIAM F. BOGLE, JR.
RENA MUCKENHOUPT O'CONNOR
MILTON M. HAVEN
COUNSEL
-MEMBER N.Y. AND FLORIDA BAR
CORBALLY, GARTLAND AND RAPPLEYEA
Attnrnega anb Tounattors at taw
BARDAVON BUILDING
35 MARKET STREET
POUGHKEEPSIE, NEW YORK 12601-3285
FAX 914-454-4857
TELEPHONE 914-454-1110
July 17, 1990
Town Board
Town of Wappingers
20 Middlebush Road
Wappingers Falls, NY 12590
1400 ROUTE 52 SUITE I
HOPEWELL JUNCTION, NY 12533-9637
914-896-4166
FAX 914-896-4320
BANK OF MILLBROOK BUILDING
FRANKLIN AVENUE, P.O. BOX 874
MI LLBROOK, NEW YORK 12545-0874
914-677.5539
FLORIDA OFFICE: 813-461-3144
CITIZENS BANK BLDG. SUITE 250
1130 CLEVELAND STREET
CLEARWATER, FLORIDA 33517-8109
STEPHEN G. WATTS. OF COUNSEL"
-MEMBER OF FLORIDA BAR ONLY
Re: Parcel of Ralph Szilagyi and Nancy Creed
Route 376, Tax No. 6259-04-537367
Dear Members of the Town Board:
RECEIVED
J U L 1 9 1990
ELAINE SNOWDEN
TOWN CLERK
We write to you on behalf of Ralph Szilagyi and Nancy Creed,
owners of an .84 acre parcel on Route 376, requesting that their
parcel as well as adjacent parcels extending along Route 376 be
zoned to permit a greater range of commercial uses as part of the
comprehensive revision to the zoning ordinance being undertaken by
you.
Attached to this letter is a map of the area affected by the
above request. The map also outlines surrounding land uses.
The current zoning classification of R-40 no longer reflects
either the realities of existing land use in the area or the manner
in which land use will evolve in the future. The area from the
intersection of New Hackensack Road, All Angels Hill Road and Route
376 northwesterly to the airport if overwhelmingly non-residential.
The corridor is a combination of small business offices, retail
facilities, a motel, a restaurant and most significantly, the air-
port. The few residential homes left on the north side of Route 376
are showing few signs of recent investment, suggesting that little
incentive exists to preserve the residential character of these
homes. The presence of the airport itself is a disincentive to resi-
dential use as low flying planes and the noise generated by them are
incompatible with long term residential use.
r�
-)Ilq leiu
CORBALLY, GARTLAND AND RAPPLEYEA
Page - 3 -
July 17, 1990
for residential use. To perpetuate that zoning would be tantamount
to a confiscatory act, as these properties have no value for residen-
tial use. The G.B. zone across the street should be extended to an
equal depth on the north side.
Very truly y ursV'
CORBALLY, R AND & RAPPLEYEA
Jon H
JHA/kh
Enc.
cc: Dr. Ralph Szilagyi
Dr. Nancy Creed
000
CRANE WOLFSON ROBERTS & GRELLER
ATTORNEYS AND COUNSELLORS AT LAW
11 MARKET STREET
POUGHKEEPSIE, NEW YORK 12(301
WILLIAM G. CRANE
CARL S. WOLFSON
ALBERT P. ROBERTS
STEPHEN L. GRELLER
MARK I. HEISMAN
JOSEPH A. EGITTO
STACY P. GIANCARLO
Mr. Raymond Arnold
3465 Curry Street
Yorktown Heights, NY 10598
Dear Ray:
(914) 454-2200
FAX: 914-454-6612
July 26, 1990
Re: Zoning Amendments
JUL 3 t 90
90 EAST MAIN STREET
WAPPINGER FALLS, NEW YORE 12590
(914) 297-2680
After our meeting this morning, I again conferred with Connie Smith
regarding the procedures the Town Board wishes to follow for the impending
Puzlic Informational Meeting on August 16, 1990'and the Formal Public Hearing
on the Adoption of the Zoning Amendments.
For the Informational Meeting there will be no detailed legal notice
other than a statement in the paper that a Public Informational Meeting will
be held. However, the Town Board does wish that proposed amendments and their
predecessor sections be placed side-by-side so that the Board and the public
will be able to understand precisely what is being amended.
At such time as a final pulbic hearing is set for the Adoption of the
Arcendments, the Town Board wishes to have the same format used for the legal
publication.
In reviewing my notes of Mav 23rd, 1990, attendee by you, Herb and
me, it is my understanding that work will be allocated as follows:
1. A resolution introducing the proposed zoning amendments for
adoption and declaring the Town Board lead agency will be
prepared by Herb, the Town Clerk and me;
2. You will prepare Parts I and II of the EAF;
3. A Positive Declaration will be prepared by Herb, the
contact person will be Connie Smith;
4. A separate resolution directing you to prepare the
impact statement will be prepared by me or included in the
resolution introducing the amendments for adoption.