1983-06-14
CORBALLY, GARTLAND AND RAPPLEYEA
!Jhttntt!S anb (lfo\mStlOU at Janr
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'
BARDAVON BUILDING
35 MARKET STREET
FLORIDA OFFICE:
309 BELLEVIEW BOULEVARD
BELLEAIR, FLORIDA 33516
813-461-3144
POUGHKEEPSIE. NEW YORK 12601
914-454-1110
,
I
. STEPHEN G. WATTS. OF COUNSEL f f
. .MEMBER or fLORIDA BAR ONLY
MILTON M. HAVEN
JOSEPH F.HAWKINs'
COUNSEL
8RANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRANKLIN AVENUE
MILLBROOK, NEW YORK 12545
914 -677-5539
. MEMBER N. Y. AND FLORIDA eAR
June 14, 1983
Planning Board
Town of Wappinger
P. O. Box 324
Wappinger Falls, NY
RECEIVED
tJUN 1 5 1983
12 5 90 - 0 32 4 ELAINE H. SNOWDEN
Re: Average Density Subdivisions (~41l.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 ~411.91 of
the zoning ordinance to observe the same procedures as prescribed
in ~411.92.
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 cornmon areas or areas left 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 pattern.
COR BALL y, GARTLAN D AN 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 comment on
this.
Very truly yours,
CORBALLY, GARTLAND & RAPPLEYEA
1/
Jon Holden Adams
JHA/lh
cc: Town Board
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