1983-06-27
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PLANNI NG BOARD
TOWN OF WAPPINGER
TOWN HALL
WAPPINGERS FALLS. NEW YORK 12580
TIEL. 287.8257
June 27th, 1983
Town Board
Town of Wappinger
Mill street - Town Hall
Wappingers Falls, NY 12590
RE: Average Density Subdivisions - Section 411.91 of the Zoning
Ordinance - Jon Holden Adams' Letter dated 6/14/83.
Dear Board Members:
Upon reading Mr. Adams' letter, it is the op~n~on of
the Planning Board that they do not need your approval on
average density subdivisions.
The Planning Board presently has pending before them two
large average density subdivisions and would, therefore, appreciate
a response at your earliest convenience so that they may be in a
position to proceed with these applications.
Thank you for your consideration.
7jizCtfUllY ~ ~
(MrS~-Ann Russ, Secretary
Town.~~~~inger Planning Board
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Attachments f
cc: Jon Holden Adams, Attorney to th Town
Richard G. Barger, P.E. & L.S.
Elaine H. Snowden, Town Clerk
-;: B. c- :<7- f' 3
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RECtJVElJ JUN i 5 '1983
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CORBALLY, GARTLAN D AN D RAPPLEYEA
J\ttottttt!!f anb ~abn5tlotg a.t1fr'aUt
35 MARKET STREET
FLORIDA OFFICE:
309 RELLEVIEW BOULEVARD
f3ELLEAIR, FLORIDA 33516
813-461-3144
CHARLES J. CORBALLY (1966)
JOHN J. GARTLANO, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN*
FRED W.SCHAEFFER
JON HOLOEN ADAMS
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLlVAN*
BARDAVON BUILDING
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
STEPHE:, G. WATTS, OF COU~.SEL.'
".MEMBER OF FLORIDA BAR ONLY
MILTON ~~. HAVEN
JOSEPH F.HAWKINS*
COUNSeL
BRANCH OFFICE:
BANK OF MILLUROOK BUILDING
FRANKLIN AVENUE
MILLBROOK, NEW YOFlK 12545
914 -677-5539
-MEMBER N.Y.AND FLORIDA BAR
June 14, 1983
Planning Board
Town of Wappinger
P. O. Box 324
Wappinger Falls, NY
12590-0324
Re: Average Density Subdivisions (~4l1.91)
Dear Members of the Planning Board:
I have reviewed your letter of June 13, 1983 inquiring as to
whether or not it is necessary for an application under ~4l1.9l of
the zoning 0 tinance to observe the same procedures as prescribed
in ~4l1.92.
Section 411.19 contains a delegation of authority to the
Planning Board to modify zoning regulations, said delegation under-
taken pursuant to ~281 of the Town Law. While it appears to me
that the Town Board in this instance did intend to undertake a
blanket delegation of authority, it is my suggestion that your
inquiry be addressed to the Town Board for purposes of clarification
of its intent. It is permissible for the Town Board, if it so
intended, to undertake the blanket delegation rather than to require
specific application to the Town Board itself in each instance.
I would note the distinction between the average density sub-
division and the conservation subdivisions. In the latter instance,
there would be contemplated extensive COml1\On areas or areas 1eft in
their natural state. By contrast, in an average density subdivision,
the entire area would be conveyed to the various homeowners and there
would be no common areas. It is my impression that the average
density subdivision exists primarily to permit variations in lot
sizes where planning designs or limitations attributable to the nature
of the land affected do not permit the conventional grid patt~rn.
CORBALL Y, GARTLAN D A.N D RAPPLEYEA
Planning Board
Page - 2 -
June 14, 1983
I am forwarding a copy of this letter to the Town Board
for their information as they may wish to further con~ent on
this.
JHA/lh
cc: Town Board
Very truly yours,
CORBALLY1TLAND & RAPPLEYEA
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Jon HO:J;~n Adams
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PLANNI NG BOARD
TOWN OF WAPPINGER
TOWN HALL.
WAPPINGERS FALLS. NEW YORK 12590
TEL. 297.6257
June 13th, 1983
Mr. Jon Holden Adams, Esq.
Corba11y, Gartland & Rappleyea
35 B.arket Street
poughkeepsie, NY 12601
RE: Hi11-N-Da1e Average Density Subdivision - 82 Lots on Old Hopswell
Road & Cedar Hill Road - Public Hearing held June 6th, 1983.
Dca r ~lr. Adams:
The Planning Board of the Town of Wappinger would appreciate
your clarL!.Lcation of Section 411.91 of the TO~J; of l1appinger Zoning
Ordinance ,,'.'ith rega:rd to _ the above-mentioned subdivision.
Specifically, the Board would like to know if any Tovm
Board approvals are required as is the case with Conservation
Subdivisions (Section 411.92).
If at all possible, the Board would appreciate your response
prior to their June 20th, 1983 meeting.
Thank you for your consideration.
Very truly yours,
9!!~ ,;L'-7V' 4~
(Mrs. B. ty-l\nn RUss, Secretary . -
Town o~ Wappinger Planning Board
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