1986-12-01 RGMAGENDA
TOWN BOARD
TOWN OF WAPPINGER
BIMONTHLY MEETING
DECEMBER 1, 1986
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1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Nov. 17, 1986
4, REPORTS OF OFFICERS:
5. PETITIONS & COMMUNICATIONS
a. John Feldman, Sr. Env. Analyst, DEC, re: Lead Agency for Willow-
brook proposed and and gravel mining proposal
b. Rob't Nichols, Pres. So. Dutchess Civic Assoc. re: objections to
I Willowbrook Soil mining proposal on Robinson Lane
I� c. Barry Kaufman, Meter Reader, re: dog problem
ii d. Notice of P.H., T/East Fishkill
je. Vacancy on Board of Assessment Review
f. Eng. to Town - response on Boat ramp, Chelsea
g. Contrail Rezoning request - preliminary referrals
h. Add'1 recommendation for acceptance of Pond View Pump Station (C
i. Mrs. Price & Mrs. Werner re: traffic patterns - Brown Rd.
j. D. Co. Dept. Public Works - Draft EIS - Maybrook Railbed Highway
k. Rondout Electric - Final payment
6. COMMITTEE REPORTS
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7. RESOLUTIONS
a. Open Space Subd. Zoning Ordinance Amendment
b. Architechural & Historic Dist. Adv. Bd. Ord
c. Bids - Drainage Improvements - Smith Crossing Rd.
�j d. Wappinger Sewer Imp. Area #1 - bonding Resolution
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8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
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REMINDER
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2 Public Hearings - 7 P.M. & 7:15 P.M.
The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on December lst, 1986, at the Town Hall,
Middlebush Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 8:00 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
Others Present:
Joseph E. Paggi, Jr., Engineer
The Meeting started with the Pledge of Allegiance to the Flag.
The Minutes of the Regular Bimonthly Meeting of November 17, 1986,
having previously been forwarded to all Board Members, were placed
before the Board for their consideration.
MR. FARINA moved that the Minutes of November 17, 1986, be and they
are hereby approved, as submitted by the Town Clerk.
Seconded by Mrs. Visconti
Motion Unanimously Carried
A letter was received from John Feltman, Sr. Environmental Analyst
with the New York State Department of Environmental Conservation,
indicating that they have no objection to the Town of Wappinger
assuming lead agency for the Willowbrook Sand and Gravel Mining
Proposal.
MR. FARINA moved to receive this correspondence and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
On a related matter, Robert Nichols, President of the Southern
Dutchess Civic Association wrote to the Board indicating his concerns
on the Willowbrook Proposed Sand and Gravel Mining Proposal.
MRS. PAINO moved to forward a letter to Mr. Nichols indicating that
the Town Board has the same concerns as he ---noise pollution, dust and
dirt, traffic and decrease in home values, also indicate that his
correspondence will become a public record and will be used as part
of the S.E.Q.R.A. process on this application unless he has an
objection which should be filed within ten (10) days in the
Supervisor's Office.
Seconded by Mr. Reis Motion Unanimously Carried
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A second complaint was received from our meter reader, Barry Kaufman
(the first one on Aug. 22, 1986) regarding problems with a dog at
50 Tor Road. He cannot obtain access to this property to read the
meter as the dog growls and barks when he approaches this house;
the owner warned him in August when he went to read the meter that
if he went on the property the dog might bite him. He expressed
concern that he has to make several trips in his attempt to read the
meter and doesn't think that should be expected of him.
MR. FARINA moved to send a letter to the homeowner at 50 Tor Road
and indicate that the Town is considering estimating his water usage
and it will be his responsibility to inform the Town of his meter
reading unless he takes the necessary action to control the dog and
allow the meter reader safe access to the property to read the meter.
Seconded by Mrs. Paino
Mr. Farina requested that this letter be copied to the Attorney to
the Town, the Water and Sewer Billing Clerk (Debbie Brown) and the
meter reader (Barry Kaufman).
A Notice of Public Hearing was received from the Town of East
Fishkill regarding a proposed Local Law Increasing Certain Development
and Review Fees in their Town. The Public Hearing date is December
4, 1986 at 8:00 P.M. at the Town of East Fishkill Town Hall.
MR. BRACONE moved to receive this notification and place it on file.
Seconded by Mr. Farina
Motion Unanimously Carried
A vacancy still existed on the Board of Assessment Review and the
Board Members were asked if they wished to consider an appointment.
MRS. PAINO moved to table action on an appointment to this Board.
Seconded by Mr. Reis
Motion Unanimously Carried
A report was received from the Engineer regarding the proposed
Chelsea Boat Ramp.
MR. REIS moved to receive this report and place it on file as there are
other alternatives that the Recreation Commission is investigating.
Seconded by Mr. Farina
Motion Unanimously Carried
It was noted that a copy of the Engineer's Report was forwarded to
the Recreation Commission.
A draft letter for preliminary referrals on Contrail Zoning
Application was received from the Attorney. Before the Town Board
takes any action on this application it will be referred to pertinent
agencies of the Town for their comments.
MRS. PAINO moved to forward the Attorney's letter on Contrail Zoning
Application to the Town Planning Board, the Dutchess County Department
of Planning, the Conservation Advisory Council and the Engineer to the
Towle, and a copy to the Attorney for her files.
Seconded by Mr. Reis
Motion Unanimously Carried
A report was received from Dare Fitzpatrick of Camo Pollution
Control regarding five items of concern after their inspection of
the Pondview Pump Station.
Mr. Farina noted that there were two items listed of concern to him;
one was a possible oil leak in the head of compressor #1, the other,
conduits to the alarm are lost and full of water.
MR. FARINA moved to direct a letter to Highland Glen Development
Company indicating that the Town cannot accept the pump station until
all five items listed in Mr. Fitzpatrick's letter are resolved.
Seconded by Mr. Reis
Motion Unanimously Carried
Mr. Farina requested that a copy of this letter be forwarded to
Camo Pollution Control.
Correspondence was received from Mrs. Price and Mrs. Werner regarding
traffic patterns on Brown Road.
MRS. PAINO moved to refer this correspondence to the Highway
Superintendent and the Engineer to the Town to investigate the portion
of Brown Road within this Town and report their recommendations on
alleviating the problems to the Town Board.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Farina asked that both of the residents be notified of this action.
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A proposed outline of a Draft Environmental Impact Statement on the
Maybrook Railbed Highway was received from the Dutchess County Department
of Public Works.
MR. FARINA moved to receive this communication and place it on file.
Seconded by Mr. Reis
Motion Unanimously Carried
It was noted that copies of this outline of the Draft Environmental
Impact Statement on Maybrook Railbed Highways were forwarded to tha
Planning Board and the Engineer.
A request was received from Hayward and Pakan Associates for final
payment to Rondout Electric for work done at the Town Hall.
MR. REIS moved to authorize the payment of $14,090.73 to Rondout
Electric upon receipt of the warranties and manuals on the equipment
they have installed.
Seconded by Mr. Bracone
Motion Unanimously Carried
Committee Reports ---
Mr. Bracone had no reports for this meeting.
Mr. Reis, Recreation-- invited all to the Christmas Tree Lighting
on Sunday, December 7, 1986 at the Schlathaus Park. Both he and the
Supervisor worked on obtaining a Christmas Tree, which they did, in
conjunction with the Recreation Commission. The tree is about 25'
tall and is now in place at the Park. Festivities will begin at
6:45 P.M., tree lighting, chorus, music, possibly two bands and
gifts for the children. A tree of this size will be the first for
the Town of Wappinger and they hope to make this a yearly event and
get a larger tree next year.
Mr. Farina wished to remind the residents that CWWIA is offering a
$500.00 reward for information leading to the arrest and conviction
of the vandals who put the graffiti on the Maxwell Place Water Storage
Tank.
Mrs. Visconti, Airport Advisory Committee, reported that results of
the Marist survey on paid parking at the airport were released. They
are looking into three options and one, in particular seems to be very
viable and they feel it should raise some money toward the airport
maintenance and it can be implemented with a minimum of expense.
This will be reviewed at the December meeting and they hope to have a
decision made by January.
Resolutions ---
A Public Hearing having been held by the Town Board on an Amendment
to the Zoning Ordinance Providing for a New Section Entitled,
"Mandatory Open Space Subdivision" the matter was placed before them
for their consideration.
MR. FARINA moved to adopt the following Ordinance:
An amendment to the Zoning Ordinance of the Town of Wappinger for
the purpose of adding a New Section entitled "MANDATORY OPEN SPACE
SUBDIVISION".
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger as follows:
1. The Zoning Ordinance of the Town of Wappinger, duly adopted
on March 10, 1980 and as amended from time to time is further amended
by adding Section 427 as follows:
Section 427 MANDATORY OPEN SPACE SUBDIVISION
Section 427.1 Purpose
It is the intent of the Town of Wappinger to maintain open space
whenever possible in order to preserve the aesthetic quality and
rural nature of the Town.
The purpose of the Open Space provision of this Ordiance is to
permit the grouping of single-family dwellings on suitable soils
within the various Residential Districts, on lots of a reduced
size, and to distribute the open space made available by this
reduction, to achieve a design of such subdivision to accommodate
residential development in a manner which will minimize the
impact of development on open space in general, including other
important components of the environment relevant to the affected
area.
The Planning Board, upon review of a residential subdivision
proposal, may request authorization from the Town Board pursuant
to Chapter 412 of State Law, 1982, requiring the applicant to
provide an open space subdivision in compliance with this
Ordinance and other duly adopted standards, to accomplish the
intent and purpose stated herein.
The applicant will only be required to provide an open space
subdivision when one or more of the following objectives, in the
opinion of the Planning Board, is better accomplished by an open
space subdivision, as compared to a subdivision designed by
conventional grid pattern.
The Open Space development provision of this Ordinance does NOT
result in there being any more single-family dwellings than would
have been allowed under a conventional subdivision.
427.11
Protection of Water
Protection of the ground or surface water, wetlands, floodplains,
or unique areas of natural or historic significance.
427.12 Soils
Prevent development on soils which would present a special hazard
from erosion, slippage, settling, or other characteristics unsuitable
for the proposed use.
427.13 SEQRA
Mitigation of impacts indentified
State Environmental Quality Review
Law #2, 1977.
427.14 Open Space
through application of either the
Act or Town of Wappinger Local
Preservation of open space to provide a visual screen or separation
between structures and places commonly occupied by the public.
427.15 Roadways
Minimize the number of new roads or driveways obtaining access from
existing roads, and the amount of new road to be dedicated to the
Town.
427.16 Master Plan
Accomplish specific goals indicated in the Town of Wappinger Master
Plan regarding those dealing with residential development.
427.2 Application for Open Space Development
The Town Board may, by resolution, authorize the Planning Board to
require an Open Space development on a particular site or tract of
of land.
427.21 Procedure
Where the Planning Board deems it in the interest of the Town, the
Planning Board shall request the Town Board to authorize it to
mandate an Open Space development. Such request shall specify
the element or elements (from XXX above), if any, which justify
preservation, and shall specifically describe the means by which
an Open Space development would further the purposes set forth above.
At the same time that the Planning Board's request is sent to the
Town Board, a copy shall be sent by regular mail to the owner of the
land for which the application is being made, at the owner's last known
address. Such owner shall have the right to submit any relevant
information to the Town Board.
The Town Board shall review the information submitted by the Planning
Board and the property owner. At the owners request, the Town Board
shall meet with the owner to discuss the desirability of mandating
an Open Space development. At any such meeting the Planning Board
or its designated representative(s) may be present. After reviewing
the documents and evidence submitted, and the criteria set forth in
Town Law, Section 281, the Town Board shall determine whether or not
to authorize the Planning Board to require submission of an Open Space
development plan. The determination shall be considered a legislative
determination by the Town Board. Copies of the Town Board's determina-
tion shall be sent by regular mail to the Planning Board and the
property owner at the owner's last known address. If the Town Board
declines to authorize a mandatory Open Space development, then the
Planning Board shall continue to review any conventional subdivision
plan submitted by the owner. If the Town Board authorizes a mandatory
Open Space development, then the Planning Board shall forthwith
determine whether or not to require such development proposal, and
proceed with the application under the applicable provisions of
this Section.
If the Planning Board determines that an Open Space development
shall be required, the Planning Board shall have the right to
establish; the areas within which structures may be located, the
height and spacing of buildings, open spaces and their landscaping,
off-street open and enclosed parking spaces, streets, driveways,
recreation areas and related facilities, and all other physical
features as may be shown on any proposed Open Space Development
Plan.
An application by the Planning Board to the Town Board for
authorization to mandate Open Space development may be made at any
time prior to preliminary plat approval, but may not be made after
preliminary approval of a conventional subdivision has been granted.
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427.22 Application Procedure
Except as provided in this Section, the application procedure shall
be that of a conventional subdivision application. as provided for
in the Town of Wappinger Subdivision Regulations.
427.3
427.31 Open Space Development Plan
Upon the presentation of a subdivision plan for an open space
subdivision of land for residential dwellings to be approved by the
Planning Board, showing all natural and proposed features of the
subdivision, the Planning Board may waive the heretofore established
requirements and the required lot sizes, pursuant to Section 281
of the Town Law, provided that:
1. The lot size per single-family detached dwelling is
not less than 12,000 square feet.
2. The frontage on a town road or public right-of-way
is not less than 80 feet for half the lots in any
group of housing units, or less than 50 feet for the
remaining lots in any group of housing units. Not
more than two 50 foot frontages shall be adjacent to
each other.
3. The building height, for single-family dwellings, is
not more than 24 feet.
4. The lot width at the building line is not less than
100 feet.
5. The lot depth is not less than 120 feet.
6. The distance between buildings shall be no less than
30 feet.
7. The side yard is not less than 15 feet.
8. The front and rear yard shall not be less than 35 feet.
9. All groups of housing units shall be separated by a
minimum of 100 feet of open space.
10. The minimum distance between the lot line of any group
of housing units and subdivision property line shall
be 100 feet.
11. The minimum gross lot size for an Open Space development
shall be 10 acres.
12. The permanently deeded open space area shall be not less
than 50 percent of the lot area in any residential district.
13. The maximum amount of impervious surface shall not be more
than 15 percent of the gross lot size of the Open Space
development.
14. In no case shall the permitted number of dwelling units
exceed the number of dwelling units which would be
permitted, in the Planning Boards judgement, if the land
had been divided into lots conforming to the minimum lot
allowed by this Ordinance for the district or districts
in which such land is situated and conforming to all other
applicable requirements.
15. Building lots shall be required, whenever possible, in
the Planning Boards judgement, to be situated on soils
which will adequately support such development.
427.4 Board of ARchitectural Review
In reviewing the application for Open Space development, the
Planning Board shall request that the Board of ARchitectural
Review determine the suitability of the proposed design and
materials, and the Planning Board shall have the right to require
that said design and materials used shall be modified so as to be
more consistent with and harmonious to the general surrounding
community and its environment.
427.5 Review Criteria
In addition to the requirements of this section, the Planning Board
shall develop standards and criteria to be used during the review
of an Open Space development.
427.6 Consultants
When reviewing an application under the provisions of this section,
the Planning Board may retain independent architectural or
engineering consultants. The reasonable fees and expenses of
such consultants shall be paid by the applicant.
427.7 Perpetual Open Space
427.71 Ownership
Perpetual open space land, as required by this section, shall be
in one of the following forms of ownership:
1. A homes association approved by the Town Board.
2. Any other arrangement approved by the Town Board as
satisfying the intent of this section.
427.72 Permanent Preservation
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Perpetual open space land, to remain forever wild, shall be dedicated
to permanent preservation by the use of a conservation easement
granted to the town or to a qualified not-for-profit organization
pursuant to Article 49, Title 3 of the Environmental Conservation
Law. The town shall accept the conservation easement pursuant to
Section 247 of the General Municipal Law. All property rights to
the perpetual open space lot, with the exception of uses not
allowed as specified in the conservation easement, shall remain
with a home association;
All perpetual open space dedicated to permanent preservation shall
be recorded directly on the subdivision plat. Resubdivision of
such areas is prohibited and wording so stating shall be noted on
the final plat.
No structures may be erected on the perpetual open space except
as shown on the approved development plan or as approved by the
town to aid in the management or use of the perpetual open land
for non-commercial purposes.
Each deed to each lot sold shall include, by reference, all
recorded declarations, such as covenants, dedications and other
restrictions including assessments and the provisions for liens
for nonpayment of such.
Prior to final approval the developer shall file with the Town Board
a performance bond to ensure the proper installation of all recreation
and park improvement shown on the development plan and a maintenance
bond to ensure the proper performance by the developer regarding all
common lands. The amount and period of said bond shll be determined
by the Planning Board, and the form, sufficiency, manner of execution
and surety shall be approved by the Town Board.
The developer shall delineate the boundary lines of the perpetual
open space by the installation of monuments. Monuments shall be
placed at minimum intervals of 200 feet or at each point where
said boundary line changes alignment. When the placement of a
monument is required for any particular lot, it shall be installed
prior to the issuance of the Certificate of Occupancy for said lot.
The location of all monuments shall be shown on the Open Space
Development Plan.
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427.73 Homes Association
427.731 Requirements
Whenever a homes association is proposed, the Town Board shall retain
the right to review and approve the articles of incorporation and
charter of said homes association and to require any conditions it
shall deem necessary to ensure that the intent and purpose of this
section are carried out. In consideration of said approval, the
Town Board shall, in part, require the Open Space development to
meet the following conditions:
1. The homes association shall be established as an
incorporated, nonprofit organization operating under
recorded land agreements through which each lot owner
and any succeeding owner is automatically a member,
and each lot is automatically subject to a charge for
a proportionate share of the expenses for the organizations
activities.
2. Title to all common property shall be placed in the
homes association, or definite and acceptable assurance
shall be given that it automatically will be so placed
within a reasonable period of time.
3. Each lot owner shall have equal voting rights in the
association and shall have the right to the use and
enjoyment of the common property.
4. Once established, all responsibility for operation and
maintenance of the common land and facilities shall lie
with the homes association.
5. Dedication of all common areas shall be recorded directly
on the subdivision plat, or by reference on the plat, to
a dedication in a separately recorded document. Resubdivision
of such areas is prohibited. The dedication shall:
a. Reserve the title of the common property for the
homes association free of any implied public
dedication.
b. Commit the developer to convey the areas to the
homes association at an approved time.
C. Grant easements of enjoyment over the area to the
lot owners.
d. Give to the homes association the right to suspend
membership rights for nonpayment of assessments or
infraction of published rules.
6. Covenants shall be established limiting all lots to single
family use, as stipulated on the approved development plan, and
all common lands as perpetual open space. No structures may be
erected on such common land except as shown on the approved
development plan, or as approved by the town to aid in the
management or use of the perpetual open land for non-commercial
purposes.
7. Each deed to each lot sold shall include by reference all
recorded declarations, such as covenants, dedications and other
restrictions, including assessments and the provision for liens for
nonpayment of such.
8. The homes association shall be perpetual and shall purchase
insurance, pay taxes, specify in its charter and bylaws an annual
homeowner's fee, provide for assessments and establish that all
such charges become a lien on each property in favor of said
association. The homes association shall have the right to
proceed in accordance with all necessary legal action, for the
foreclosure and enforcement of liens, and it shall also have the
right to commence action against any member for the colleciton
of any unpaid assessment in any court of competent jurisdiction.
9. The developer shall assume all responsibilities previously
outlined for the homes association until a majority of the lots are
sold, at which time the homes association shall be automatically
established.
10. Prior to final development plan approval the developer
shall file with the Town Board a performance bond to ensure the
proper installation of all recreation and park improvements shown
on the development plan and a maintenance bond to ensure the
proper performance by the developErregarding all common lands
until the homes association is established. The amount and period
of said bond shall be determined by the Planning Board, and the
form, sufficiency, manner of execution and surety shall be approved
by the Town Board.
11. Prior to plat approval, the town may form a park district
of the Open Space subdivision including the perpetual open space,
which district shall have the power to take over the work of the
homes association in the event of default or non-performance, in
the opinion of the Town Board, of such association, and to tax
the property owners of such district in order to defray the costs
associated with intended maintenance and control as required.
2. This Ordinance shall take effect upon adoption, posting
and publication as prescribed by Town Law.
Seconded by:
Roll Call Vote:
Supervisor Paino
5 Ayes 0 Nays
A Public Hearing having been held by the Town Board on an Amendment
to the Zoning Ordinance adding a New Section Entitled "Architectural
and Historic District Advisory Board, the matter was placed before
them for their consideration.
COUNCILMAN REIS moved to adopt the following Ordinance:
An Amendment to the Zoning Ordinance of the Town of Wappinger
for the purpose of adding a New Section entitled "Architectural
and Historic District Advisory Board".
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger as follows:
1. The Zoning Ordinance of the Town of Wappinger, duly adopted
March 10, 1980 and as amended from time to time is further amended
by adding Section 428 as follows:
SECTION 428 ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD
428.1 FINDINGS AND --PURPOSE
The Town Board finds that the economy and quality of life of
the Town of Wappinger are affected by its visual environment. The
general welfare of residents and of property owners as well as
property values and the tax base, are enhanced by natural and man-made
features and structures of visual and historical value. Excessive
uniformity,dissimilarity, inappropriateness or poor quality of design
in the exterior appearance of buildings erected in any neighborhood
adversely affects the desirability of the immediate area and neighboring
areas for residential and business purposes or other use and by so
doing impairs the benefits of occupancy of existing property in such
areas, impairs the stability and value of both improved and unimproved
real property in such areas, prevents the most appropriate development
of such areas, produces degeneration of property in such areas with
attendant deterioration of conditions affecting the health, safety,
comfort and general welfare of the inhabitants thereof, and destroys
a proper relationship between the taxable value of real property in
such areas and the cost of municipal services provided therefor.
It is the purpose of this Ordinance to prevent these and other
harmful effects of such exterior appearances of buildings erected
in any neighborhood and thus to promote and protect the health,
safety, comfort and general welfare of the community, to promote
the public convenience and prosperity, conserve the value of
buildings and natural and man-made features and encourage the
most appropriate use and development of land within the Town.
Accordingly, the Town Board of the Town of Wappinger hereby
finds that it is in the best interests of the citizens of the Town
of Wappinger and protective of their health, safety, economic and
general welfare to create an "Architectural and Historic District
Advisory Board" (hereinafter referred to as "AAB") in order to
accomplish these purposes and insure proper protection and
development of the visual environment of the Town of Wappinger.
428.2 CONSTITUTION OF BOARD AND RULES OF CONDUCT
428.21 Appointment
The AAB shall be appointed by the Town Board of the Town of
Wappinger and shall consist of five (5) members, all of whom shall
be residents of the Town of Wqappinger. Of the members first appointed,
one shall hold office for the term of one year, one for the term of
two years, one for the term of three years, one for the term of
four years and one for the term of five years from and after his
appointment. Their successors shall be appointed for a term of
five years from and after the expiration of the terms of their
predecessors in office. Members shall serve without compensation.
Vacancies shall be filled by the TcwiBoard for unexpired terms of
any members whose position on the AAB shall be come vacant.
428.22 Members
The AAB member shall, insofar as possible, be chosen for
qualification and training in the fields of architecture, landscape
architecture, construction, planning, design, or other related
disciplines. The Chairman of the Planning Board shall serve as an
exofficio member of the AAB. If the Chairman of the Planning Board
is unable to serve, the Town Board shall appoint another member of
the Planning Board to serve in this capacity.
428.23 Chairman
The Town Board shall designate one (1) member of the AAB as
Chairman.
428.24 Advisors
The Building Inspector, Town Planner, Town Attorney and the
Town Engineer shall act in an advisory capacity to the AAB.
428.25 Quorum
Three (3) members of the AAB shall constitute a quorum for
the transaction of business. Decisions of the AAB shall be the
result of a majority vote of the membership.
428.26 Meetings
The AAB shall schedule meetings at least once a month, and
meet in accordance with all provisions of the New York State Open
Meetings Law. No meeting shall be required if no cases have been
placed on.the agenda as of five (5) business days prior to the
�( shceduled meeting.
428.27 Disqualification for Interest
Any member of the AAB who has participated in any manner in
the preparation of plans presented to the AAB for review shall not
take part in the AAB review of such plans. Such member shall, prior
to the convening of the AAB meeting at which such plans are first
included on the agenda, notify the AAB, in writing, that he has
participated in the preparation of such plans and is therefore
disqualifying himself from participaiton in the review process
thereon.
428.3 FUNCTIONS OF THE AAB
428.31 Review Authorit
The AAB shall have the authority to recommend approval, approval
with conditions, or disapproval of plans referred to it by the Town
Board, Building Inspector, Planning Board, or the Zoning Board of
Appeals. The Planning Board, Zoning Board of Appeals and Building
Inspector may upon a finding that such review would be advisable,
refer plans in the following catagories to the AAB:
(a) National register and Locally Designated
Properties and Districts. Plans for construction alterations,
additions or restoration, located in Federal, State or locally
designated Historic Districts or located on the same property as
individual structures listed on the National Register of Historic
Places, or determined to be eligible for listing on the National
Register of Historic Places by the State Office of Parks, Recreation
and Historic Preservation, or locally designated by the Town of
Wappinger as significant historic structures.
(b) Site Development Plans. Site development plans
before the Planning Board for review, relating to Industrial,
Commercial, Office, Multi -Family, and Mobile Home Park development,
and open space development.
(c) Special Permit Uses. Applications for special
permit uses in all districts.
(d) Signs. Plans for construction or erection of
signs.
428.32 Reports
The AAB may, on its own initiative, issue reports recommending
programs or legislation in the interest of preserving or improving
the visual environment.
428.4 PROCEDURES
428.41 Applications
The referring agency shall transmit to the AAB copies of the
application and plans submitted by the applicant. If necessary, the
AAB shall request additional information from the applicant to enable
it to review the proposed project. Essential plans and information
shall include, but not necessarily be limited to:
(a) Planninq Board File.
(b) Building Department File. Building Department
files on the subject property and adjacent properties.
(c) Plans and Elevations. Scale plans and elevations
showing the nature of construction and the materials to be incorporated
in the exterior of the project.
(d) Site Plans. A site plan, at appropriate scale,
showing information required by Section 450 of the Zoning Ordinance.
(e) Renderings. Three-dimensional sketch or rendering
illustrating significant aspects of construction and exterior design,
when deemed necessary and requested by the AAB and at a scale deemed
appropriate by the AAB.
428.42 Preliminary Design and Meeting with Applicant
After referral to the AAB, applicants shall be encouraged to
submit preliminary designs for AAB review and comment prior to final
design submission. The applicant shall further be given the opportunity
to discuss the proposed plans with the AAB at one of its meetings.
428.43
whenever deemed
AAB shall visit
Site
necessary
the site
Visits. Insofar as is possible, and
by the Chairman of the AAB, members
of proposed construction.
of the
428.5 STANDARDS FOR REVIEW
In conducting its review, the AAB shall evaluate the proposed
architectural and landscaping plans in accordance with the following
standards.
428.51 New structures should be constructed to a height
visually compatible with the buildings and environment with which
they are visually related.
428.52 The gross volume of any new structure should be
visually compatible with the buildings and environment with which
they are visually related.
428.53 In the street elevation(s) of a building, the
proportion between the width and height in the facade(s) should be
visually compatible with the buildings and environment with which
it is visually related.
428.54 The proportions and relationships between doors
and windows in the street facade(s) should be visually compatible
with the buildings and environment with which it is visually related.
428.55 The rhythm of solids to voids, created by openings
in the facade, should be visually compatible with the buildings and
environment with which it is visually related.
428.56 The existing rhythm created by existing building
masses and spaces between them should be preserved, insofar as
practicable.
428.57 The materials used in the final facade(s) should
be visually compatible with the buildings and environment with which
it is visually related.
428.58 The texture inherent in the facade should be
visually compatible with the buildings and environment with which
it is visually related.
428.59 Colors and patterns used on the facade should be
visually compatible with the buildings and environment with which
it is visually related.
428.510 The design of the roof should be visually
compatible with the buildings and environment with which it is
visually related.
428.511 The landscape plan should be sensitive to the
individual building, its occupants and their needs. Further, the
landscape treatment should be visually compatible with the buildings
and environment with which it is visually related.
428.512 All street facade(s) should blend with other
buildings via directional expression. When adjacent buildings have
a dominant horizontal or vertical expression, this expression should
be carried over and reflected.
�kw 428.513 Architectural details should be incorporated as
necessary to relate the new with the old and to preserve and enhance
the inherent characteristics of the area.
428.514 The setback of the building(s) from the street
or property line, and the other yard setbacks, should be visually
compatibe with the buildings and environment with which it is
visually related.
428.515 Signs should be of a size, scale, style, materials
and configuration and illumination that is visually compatible with
the building to which it relates, and should further be visually
compatible with the buildings and environment with which it is
visually related.
3ao
428.6 FINDINGS
428.61 The AAB may make the following findings:
Recommended. This finding shall be indicative
that the plan will not be detrimental to the visual environment,
meets the standards required by the Town of Wappinger, and may proceed
through the normal approvals process.
428.62 Recommended with Conditions
This finding shall be indicative that the plan will meet the
standards of the "Recommended" category with modifications or
conditions. If the suggested modifications are made, the plan shall
be deemed "Recommended".
428.63 Not Recommended
This finding shall be indicative that the plan is found to be
detrimental to the visual environment and beneath the standards of
design required by the Town of Wappinger and cannot be rendered
acceptable by the imposition of conditions or modifications. The
disapproved plan shall be returned to the referring agency accompanied
by a written explanation of the reasons for the disapproval and the
basis for the finding that the plan cannot be rendered acceptable by
the imposition of conditions or modifications.
428.7 REPORT FINDINGS
The AAB shall report its findings and recommendations to the
referring agency in writing, within thirty (30) days of receipt
of the referral. Copies of such reports are to be distributed
by the referring -agency to any agency of the Town of Wappinger
concerned with the project under consideration and to the applicant.
428.8 SUBSTANTIAL CHANGE OF APPROVED PLANS
Any substantial change in siting or in the exterior appearance
of an approved project may be subject to review and reconsideration
by the AAB at the discretion of the appropriate referring agency.
428.9 FINAL ACTION BY REFERRING AGENCY
The findings and recommendations of the AAB shall be considered
advisory, and the final decision on approval of the plans or application
shall be made by the appropriate referring agency.
2. The provisions of this Ordinance are separable and if any
provision, clause, sentence, subsection, word or part thereof is
held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitu-
tionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, subsections, words, or
parts of this Ordinance or their application to other persons or
circumstances. It is hereby declared to be the legislative intent
that this Ordinance would have been adopted if such illegal, invalid,
or unconstitutional provision, clause, sentence, subsection, word or
part had not been included therein, and if such person or circumstance,
to which the Ordinance or part thereof is held inapplicable, had
been specifically exempt therefrom.
3. This Ordinance shall take effect upon adoption, posting
and publication as prescribed by Town Law.
Seconded by: Supervisor Paino
Roll Call Vote: 5 Ayes 0 Nays
361
Three Bids were received and opened on November 21, 1986 on the
Smith Crossings Road Drainage Improvements Project, as follows:
Sun Up Enterprises, Inc. $ 76,622.00
Ben Ciccone, Inc. 86,000.00
Paleen Construction Corp. 109,200.00
The bids were reviewed and found to be in order and the Engineer
recommended that the bid be awarded to Sun Up Enterprises, Inc.
for the amount quoted, as low bidder.
Mrs. Paino noted that there are sufficient funds in the Downstream
�4W Drainage Account to complete this project.
MR. BRACONE moved to award the bid to Sun Up Enterprises, Inc.
as low bidder in the amount of $76,622.00, as recommended by the
Engineer.
Seconded by Mr. Reis
Motion Unanimously Carried
A Public Hearing having been held on September 25th, 1986 on a
Proposed Sewer Improvement Area in the Town of Wappinger, the matter
was placed before the Town Board for their consideration.
The following Order was offered by COUNCILMAN REIS who moved its
adoption:
WHEREAS, a plan and report have been duly prepared in such
manner and in such detail as has been determined by the Town Board
of the Town of Wappinger, Dutchess County, New York, relating to
the detection and location of inflow and infiltration in mains
and lines of the Wappinger Sewer Improvement Area No. 1 and the
establishment of a proposed Sewer Improvement ARea therefore, and
WHEREAS, said plan and report have been filed in the office
of the Town Clerk where they are available for public inspection,
and
WHEREAS, the proposed area determined to be benefitEd by said
Sewer Improvement shall be coterminous with the boundaries of the
existing Wappinger Sewer Improvement Area No. 1, and
WHEREAS, the Town Board of the Town of Wappinger duly adopted
an Order on September 2, 1986 calling a public hearing upon said
plan and report and the question of creating a proposed sewer
improvement in the manner aforesaid, such public hearing to be
held on the 25th day of September, 1986 at 7:00 o'clock P.M.,
Prevailing Time, at 20 Middlebush Road in said Town, at which
time and place all persons interested in the subject thereof
could be heard concerning the same, and
WHEREAS, Notice of said public hearing was duly posted and
published as required by law, and
WHEREAS, said public hearing was duly held at the place and
at the time aforesaid and all persons interested in the subject
thereof were heard concerning the same, and
WHEREAS, It is now desired to authorize the creation of the
aforesaid Sewer Improvement Area and the construction of the
improvements therefor; NOW, THEREFORE, BE IT
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. It is hereby determined that it is in the
public interest to establish the aforedescribed Sewer Improvement
Area and to make such sewer improvement and such sewer improvement
is hereby authorized. The proposed area hereby determined to be
benefitted by said Sewer Improvement is coterminous with the
boundaries of the existing Wappinger Sewer Improvement Area No. 1.
Section 2. The proposed improvement shall consist of the
detection and location of inflow and infiltration in mains and
lines of the Wappinger Sewer Improvement Area No.l, at a maximum
estimated cost of $65,500, and the method of financing of said cost r
shall be by the issuance of serial bonds of said Town of Wappinger
to mature in annual installments over a period not exceeding forty
years and such bonds shall be payable from assessments levied upon
and collected from the several lots and parcels of land deemed
benefitted by said improvement and located in said benefited area,
so much upon and from each as shall be in just proportion to the
amount of the benefit which the improvement shall confer upon the
same.
Section 3. It is hereby determined that the estimated
expense of the aforesaid improvement does not exceed one tenth
of one per cent of the full valuation of the taxable real property
in the area of said Town outside of villages and, therefore in
accordance with the provisions of subdivision 13 of Section 209-q of
the Town Law, the permission of the State Comptroller is not required
for such improvement.
Section 5. In accordance with the provisions of subdivision
11 of Section 209-q of the Town Law, this resolution shall take
effect immediately, since the area to be benefitted by the aforesaid
improvement does not include the entire area of the Town outside
of any villages.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
The following resolution was offered by COUNCILMAN REIS who moved
its adoption:
A RESOLUTION AUTHORIZING THE ISSUANCE OF $65,500 SERIAL BONDS
OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY
THE COST OF THE CONSTRUCTION OF A SEWER IMPROVEMENT IN
SAID TOWN.
WHEREAS, pursuant to proceedings heretofore had and taken
in accordance with the provisions of Article 12-C of the Town Law,
and more particularly an order dated September 2nd, 1986, the
Town Board of the Town of Wappinger, Dutchess County, New York
has established a Sewer Improvement Area in said Town for the
purpose of detecting and locating inflow and infiltration in
mains and lines of the Wappinger Sewer Improvement Area No. 1, and
WHEREAS, It is now desired to authorize the issuance of
$65,500 serial bonds of said Town to pay the cost thereof, NOW,
THEREFORE, BE
RESOLVED, by the Town Board of the Town of Wappinger, Dutchess
County, New York, as follows:
Section 1. For the specific object or purpose of paying the
cost of the detection and location of inflow and infiltration in
mains and lines of the Wappinger Sewer Improvement Area No. 1, there
are hereby authorized to be issued $65,500 serial bonds of the Town
of Wappinger, Dutchess County, New York pursuant to the provisions of
the Local Finance Law.
Section 2. The maximum estimated cost of such specific
object or purpose is $65,500 serial bonds of said Town authorized to
be issued pursuant to this bond resolution. Further details pertaining
to said bonds will be prescribed in a further resolution or resolutions
of this Town Board.
303
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is forty years, pursuant to subdivision 4 of paragraph a of Section
11.00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the serial bonds herein authorized
will exceed five years.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the Supervisor, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
Supervisor, consistent with the provisions of the Local Finance Law.
Section 5. The faith and credit of said Town of Wappinger,
Dutchess County, New York, are hereby irrevocably pledged to the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. There shall be
annually apportioned and assessed upon the several lots and parcels
of land within said Sewer Improvement ARea which the Town shall
determine and specify to be especially benefitted by the Improvement,
an amount sufficient to pay the principal and interest on said bonds
as the same become due, but if not paid from such source, all the
taxable real property in said Town shall be subject to the levy of
ad valorem taxes without limitation as to rate or amount sufficient
to pay the principal of and interest on said bonds as the same shall
become due.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said Town is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with,
and an action, suit or preceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the provisions
of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the W. & S. D. News, the official
newspaper, together with a notice of the Town Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
Seconded_by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
Two recommendations were received from the Attorney who had been
handling Tax Certioriari matters for the Town, involving the
settlement of Imperial Gardens Company and Imperial Plaza
Partnership (A.S. Properties).
MRS. PAINO moved to table action on these recommendations.
Seconded by Mr. Reis
Motion Unanimously Carried
Unfinished Business ---
There was no unfinished business to come before the Board.
3 6�1
New Business ---
The Town Clerk was served this day with an Article 78 from D.W.S.
Holdings on the Benefit Assessment Roll.
MRS. PAINO moved to refer this Article 78 to the Attorney to the
Town to defend on behalf of the Town of Wappinger.
Seconded by Mr. Farina
Motion Unanimously Carried
Mr. Farina read the following letter from U. S. Cablevision:
November 24, 1986
Elaine Snowden, Town Clerk
Town of Wappinger Town Hall
P.O. Box 324
Wappingers Falls, N.Y. 12590
Dear Ms. Snowden:
In accordance with the Cable Communications Policy Act of
1984, January 1, 1987 marks the end of rate regulation for this
nation's cable system operators. The rate deregulation provision
is designed to give operators control over rate decisions, and
in effect, more leeway to establish prices that will allow them
to adequately cover expenses, and concurrently, make a reasonable
profit, just like any other unregulated business.
It must be stressed, however, that U. S. Cablevision Corp.
does not consider rate deregulation as the mechanism for providing
us with absolute freedom to increase prices to any amount without
regard to the interests of our customers. Clearly, it is in our
interests to charge ratesthat are reasonable, and in accord with
market considerations and subscribers' perceived value of cable
service.
Effective January 1, 1987, we will be raising the monthly
rate for basic service by $2.08 from $9.92 to $12.00. We firmly
believe these adjustments are reasonable in light of substantial
increases in the "per -subscriber, per -month" fees we pay for the
programming channels we offer, as well as taxes, franchise fees,
equipment and materials costs, labor costs, other expenses, and
corresponding profit considerations.
We are also decreasing the monthly rate for Home Box Office
by $1.00, from $12.95 to $11.95.
Our subscribers will be notified of these adjustments prior
to December 1st. A copy of this notification is attached.
I believe it is important to make note of the advancements
in programming and customer services we've made over the past year.
All of our actions indicate that we are deeply committed to providing
a level of cable television service to this community that is a real
value for the money.
In response to our subscribers' interest in more programming
choices, on January 1, we will be adding Cable Value Network and
The Discovery Channel to our "expanded" cable service. We will also
be replacing our part-time Country Music Television coverage on
channel 10 with Video Hits One, the popular music video station, I
hope you enjoy these diverse and outstanding new programming services.
In response to requests for better -customer service, we have a
new telephone system which is capable of handling calls quickly and
efficiently. We also built a new, more centrally located regional
office in the Town of Wappinger.
34.5--
62,
a.5--
In response to requests for better overall cable service,
we continue to rebuild our system and upgrade field equipment to
improve signal quality and reliability, and increase channel capacity.
U. S. Cablevision Corp. continues its commitment to providing
this community with quality cable television entertainment and
responsive customer service at the most reasonable prices possible.
As always, your support and input are greatly appreciated.
I would be happy to sit down with you and discuss any questions
or comments you may have about cable television service, or the
provisions of The Cable Communications Policy Act.
Sincerely,
s/ Howard H. Erichsen
Regional Manager
Mr. Farina took up Mr. Erichsen's invitation to discuss questions
and comments on the cable television service and brought up a
communication from Mr. Erichsen dated October 22, 1986, which
stated in part "on January lst, we will be adding three new channels
to expanded basic service Cable Value Network, Home Shopping, WTZA
Channel 62 from Kingston, New York, and Discovery Channel which
offers a variety of science and history program". Mr. Farinia
asked Mr. Erichsen what happened to Channel 62 as it was not
mentioned in his recent communication, just read by Mr. Farina and
the response was that Channel 62 declined their offer to be put on
cable. Upon checking with Kathy Yanas, Public Relations with Channel
62, Mr. Farina was informed that U. S. Cablevision rejected a proposal
from them and they have been trying to be on this cable system since
they started broadcasting.
MR. FARINA moved to forward a letter to U. S. Cablevision Corp.
attention of Charles Townsend, III, President of Colony Communications,
Inc. indicating that the Town is sincerely interested in having Channel
62 on the cable system at no extra cost to the customers, and Channel 62
is desirous of broadcasting on this cable system.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Farina requested that a copy of this letter be forwarded to
Kathy Yanas at WTZA Channel 62.
Mr. Farina's second item relating to the cable company was the fact
that the company has increased their rates more than 50% in three
years, the most recent one will be effective January 1, 1987.
MR. FARINA moved to direct a letter to U. S. Cablevision Corp.
objecting to a 50% raise within three years which is not consistent
in providing stable prices at a reasonable profit which is normal
366
practice with other nonregulated businesses.
Seconded by Mrs. Paino
Motion Unanimously Carried
Mr. Farina pointed out that if this happened with other businesses,
you would soon find another company to deal with, however, in this
case we do not have that option as we are locked into a franchise
agreement with the cable company until 1990.
MR. FARINA moved to request an opinion from the Attorney to the
Town as to what recourse we may have to legally withdraw from the
franchise agreement.
Seconded by Mrs. Paino
Motion Unanimously Carried
The third item Mr. Farina referred to was a complaint filed with
U. S. Cable Commission by a resident of the Town that he did not
have the Nashville Network. The response to the complaints from Mr.
Erichsen was "there was not a demand for two country music type
programs on the cable system", however, as previously mentioned,
effective January lst, the country music T. V. station will no
longer be available. The response from Mr. Erichsen when asked
if he was going to do anything about the complaint was "the answer
was adequate at the time". What about the future now that the
resident has no options for country music, the response ---"we'll
deal with it if he complains again".
Mrs. Paino noted that the Town of Wappinger will be on record as
being opposed to the recent notification of increasing rates for
cable television.
Ed Lawrence, Stoneykill Road, was recognized by the Chair and
noted that his area has been waiting for over eight months for
cable and they haven't received it as yet. Mr. Farina brought that
up in his conversation with Mr. Erichsen who is under the impression
that they are hooked into the system; he suggested that Mr. Lawrence
contact Mr. Erichsen and make him aware of the fact that they are
not receiving cabletelevision.
Bernice Mills was recognized by the Chair and commented that the
cable company has sole rights and controls under the new law, however,
she felt that the State Legislators should be contacted about local
controls on these companies otherwise they can continue doing their
own thing.
She also brought up the fact that notices were sent from Channel 62
pointing out that they would like to be on the cable system but the
customers should check with their local cable companies to provide
them. If there's some discrepancy there, someone should be brought
to task. Also, this reception cannot be free, you need an adapter
unless you have a new TV to bring in the lines.
Mr. Farina agreed that the legislators should be contacted, namely
Assemblyman Stephen Saland and Senator Rolison.
There was no other business to come before the Board.
MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and
unanimoulsy carried.
The meeting adjourned at 8:35 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 12/1/86
30�
A Public Hearing was held by the Town Board of the Town of Wappinger
on December 1, 1986 at the Town Hall, Middlebush Road, Town of Wappinger
Dutchess County, New York, on an Amendment to the Zoning,Ordinance
Providing for a Board of Architectural Review and Historic District
Advisory Board.
Supervisor Paino opened the Hearing at 7:00 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Mrs. Paino asked for comments from those present either for or against
the proposed Amendment.
Victor Fanuele, Planning Board Member, agreed with what the Ordinance
could achieve but he had a problem with the "Standards Section" where
nearly every one of the Section included say it must be visually
compatible with what is next to it. That means you're going to have
more of the same. If someone wants to build next to McDonalds', that
means it has to look like McDonalds, say for instance Burger King; this
means if the siding is vertical they must go for the same, they can't
make it horizontal, also if McDonald is orange, Burger King will have
to be orange. He was not too sure that was what they wanted, plus
if they haven't got a theme to go through the Town, he's not sure
what the Board will be reviewing. If you haven't got a theme such
as historic or modern or whatever it's hard to plan; that's the only
problem he has.
There were no other comments made for or against the proposed
Amendment.
MRS. PAINO moved to close the Public Hearing, seconded by Mr. Reis
and unanimously carried.
The Public Hearing closed at 7:04 P.M.
E aine H. Snowden
Town Clerk
vkml
WW • anti ..
NEWS
DISPLAY ADVERVSING CLASSIFIED ADVERTISING
914 297-3723
STREET—IMPPINGERS FALLS , NY 12590
84 EASTATAIN
. _...
,----they are visually mated.
o _ inano,wasoriersdby
428.53 In the street aveluatiort(s) o
addOtion.
building, the proportion between the wk
An amendment 10 the Zoning Ordinance
and height in trio hicatlels) Sttould be viat,
of the Town of Wappinger for the purpose
ly compatible with the buildings and i
of adornQ new Section eMniatl "Archnec-
vrronrhent wriri witch ri fa visually rotate
lural and Ma"noric District Advatiory Board."
428.54 Trio proportorts and relatiorotu
BE IT RESOLVED AND ORDAINED by
between doors and winoows in Ins are
the Town Board of Ins Town of Wappinger
facapsls) should be vtsuYly OOnlpSttole oaf
as follows:
tris buildings and environment with whit
1 1. The Zoning Ordinance of the Town of
Wappinger, duly &cooled March 10, 1990
it is visually IsJared.
428.55 The rhvtrim of "ids to voo
AFFIDAVIT OF PUBLICATION
- and as smended from time to time is tur-
created by openings in the facade, shout
,
finer amended by adding Section 428 as
be visually compatible won the buildsnngg
follows:
and enwronrnt with which it is wuall
he
SECTION 428 ARCHITECTURAL AND
rotated.
HISTORIC DISTRICT ADVISORY BOARD
428.56 The existing rhythm created b
428.1 FINDINGS AND PURPOSE
existing building masses and spews be
The Town Board finds that trio economy
ween them should be preserved, insofar a
antl Duality of Joe of the Town of Wapppoper
practicable.
State of New York,
are affected by Its visual environment. The
428.57 The materials used in the fine
general welfare of residents and of proper-
_ ty Owners as well as property values and
tecaoels) snould be visually irompati am writ
the buildings and environmenl with whist
County Of Dutchess,
the lax Daae. are enhanced by natural and
n is visually related,
mara-maos features and structures of visual
428.58 The texture inherent in the faced
Wappinger.
and historical value. Excessive uniformity,
should be visually compatible with tht
Town of
dissimilarity, inappropriateness or poor
buildings and environment with which it a
quality of design in the exterior appearance
visually related.
of buildings erected in any neighborhood
428.59 Colors and patients used on the
adversely effects the destrabihty Of the int-
facade should be visually compatible with
Gisela Schmitz the
mediate area and neighboring areas for
the buildings and snvtronmenl with which
• • • , • • , • . . . ..... .......... ........... . of
residential and business purposes Or other
it is visually related,
use and by so doing impairs the benefits
428.510 The Design of the roof should be
Town Wappinger, Dutchess County, ount} New York,
of occupancy of existing property in such
visually compatible with ins buildings and
of ,
areas, impairs the stability and value of both
improved and unimproved real property in
environment won whim it is visually related.
428.511 The landscape plan should be
being duly sworn, says that he is, and at the several
_ such areas, prevents trio most appropriate
sensitive to trio individual building, its oc.
development of such areas, produces
cupants and their needs. Further, the Wind.
AQC?1*4'9PlP1*..
cegerteretion of property in such areas.whh
$cape treatment should be visually corn
times hereinafter was, the ... • ... • • •
attertdam oeterioreton of conditions avec-
ting trio health, safety, comfort and general
petiole with the buildings and environment
with which It is visually related.r
of the W. & S.D. NEWS, a newspaper printed an
welfare of the inhabitants thereat, and
428.512 All street tacadels)should bland
oestroys a proper relationship between trio
taxable value of real property in such areas
with Other buildings via directional expres•
slon. When adjacent buildings have a dbm:
published every Wednesday in the year in the Town of
and the cost of municipal services provid.
nant horizontal or vertical expression, trial,
so therefor. It is the purpose of this Or.
finance to prevent these and other harm-
expression should be carried over anc'
reflected.
Wappinger, Dutchess County, New York, and that the
ful effects of such exterior appearances of
428.513 Architectural details should be
buildings erected in any neighoomood and
incorporated as necessary to Wme the new
annexed NOTICE was cul published In the said
y p
mus to promote and protect the health,
with the old and to preserve and enhance;t
safety, comfort and general welfare of trio
community, to promote the public conve-
the inherent characteristics of the area.
428.514 The setback of ins buildng(s)f
newspaper for ...931e . . .. weeks successively .. once.
nience and prosperity, conserve the value
from the street or property fine, and the',
of buildings and natural and manmade
features and encourage the most ap
other yard setbacks, should be visually.
compatible with the buildings and environ
. in each week, commencing on the .19t4. day of. Ndor
propriate use and oevelopment of land
within the Town.
Ment with which it is visually related.
428.515 Signs should be of a size, scale,
86
Accordingly. the Town Boom of the Town
style, materials and configuration if.
19.... and on the following dates thereafter, namely
of Wappinger hereby Imos that It is in trio
and
Iuntmation that is vasuahv compatible with
best interests Of the citizens of trio Town
the building to which it relates, and should:
on
of Wappinger and prolective Of Their health,
further be visually IbmpatiDle with the
safety, economic and general welfare to
buildings and environment with which it is
create an "Architectural and Historic
visually related.
... .. .... ... .. .. . . .... ... .. . .. . . ... ..... .
- District Advisory Board" (hereinafter refer.
red atoas "AAS") in order to accomplish
these insure
428.6 FINDINGS
428.61 The AAB may make tris following
1 •tit November
and ending on the 9 ......day of. .
g ' ' ' •
purposes -and proper protec.
- tion and oeveiopment of the visual environ
moral Of the Town of Wappinger,
findings:
Recommended. This finding shall De in
dicauve triaMhe plan will not be Oetrimea.
....
19.$6both days inclusive.
428.2 CONSTITUTION OF BOARD AND
RULES OF CONDUCT
eel to the visual environment, meets the
standards required by the Town of Weep
,
I
428.21 Appointment
ingar, anp may proceetl thrtkgn the rorrtlal
)
The AAB shall os appointed by the Town
Board of the Town Wappinger
approvals process.
o1 and shall
consist of five (5) members, all of whom
428.62 Recommended with ConditionsI/
This lancing shall be indicative that tris
. . . . . .
shall be residents of the Town of W app-
plan will meet the stanoards of the "Recor i-
ager. Of me members first appointed, one
mended" category with modifications or
shall hold office for the term of one year,
conditions. It the suggested modifications
one for the term of two years, one for the
term of three years, One for Iris term of four
are made, the pian shall be deemed
•'Recommended."
Subscribed and sworn to before me
years and one for the term of lave years,
from and atter his appointment. Thar suc-
censors shall d appointed fpr a term of the
from and atter the
428.63 Not Recommended
This finding shall be Indicative that the
plan o found to be patrimonialthinsto the visual
this .. 19th .... day of.... Nov e.///jjj 19. $ /t
years expiration of She
terms of their predecessors in office.
environment and beneath the standards of
r
design required by the Town of Wappinger
........ • ✓ • • •
Members snail serve without compensa-
and cannot be rendered acceptable by the
-
tion. Vacancies shall be filled by the Town
for unexpired terms of any memDers
imposition of conditions or modifications.
The disapproved plan snail be relumed td
Notary Public
whose position on the AAB snap become
the referhng agency accompanied by a writ-
'
vacant.
' 428.22 Members
ten explanation of the reasons for the dtsap
The AAB members small, insofar as
proal and the basis for the finding that the
plan cannot be rendered acceptable by the
imposition of conditions or modifications.
My commission expires .........................
428.7 REPORT FINDINGS
The AAB shall report its findings and
_
recommendations to the relenting agency
in writing, within thirty (30) days of receipt
of trio„. referral. Copies of such repons are
NOTARY
L' i” ' ^ • ` r �`'^ ' O'RK
to be distributed by the retorting agency to
any
(1Jii, fir:' l �!' ;j1 "•jj'}'
-
agency of the Town of Wappinoer coif.
oemeb with the oro*M under consideration
and to the applicant..
428.8 SUBSTANTIAL CHANGE OF AP-
COM. 1 S 0;:,.,L�, 1... ;;},r 31.
PROVED PLANS-
Any substantial change in siting or in trio
exterior appearance of an approved protect
may be sublect to review and reconsider&.
��.
bon by Ins AAB at the dtscrelion of the ap
propriate referring spent:yy
428.9 FINAL ACTION BY REFERRING
AGENCY
The findings and recommendations of
_
the AAB snall be considered advisory, and
the Anal decision on approval of the plans
or application shall be made by the ap-
vropriate referring agency.
2. The provisions of this Ordnance are
separable and if any provision, clause,
sentence, sutisecuon, word or pan thereof
as held illegal, invalid or unconstitutional. or
insptlicable to any Person or circumstance,
such iaegaIny, invan day, or unconsillirttprala•
ty, Of Inapplicability shall not affect or im-
pair any of the remaining provisions,
Clauses, sentences, subsections, words, or
parts of thns-Ordnance or their application
o Other persons or circumstances. It is
hereOy oeciat0c 10 be the legislative intent
that Inas Ordinance would have been
adopted if such illegal, nnvatid, or un
constitutional provision, Claus.,, sentence,
subsection, word or pan had not been In
daubed therein, enc it Such person Or car.
curnstanoe, to which the Ordinance or pen
thereof is held inapplicable, had been
speeaficallyy exempt therefrom.
3. This Ordinance snail tare effect upon
aoopbon. posting and publication as
prescribed by Town LAw
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
AN AMENDMENT TO THE ZONING
ORDINANCE PROVIDING FOR A
BOARD OF ARCHITECTURAL REVIEW
AND HISTORIC DISTRICT ADVISORY
BOARD.
-------------------------------
STATE OF NEW YORK )
COUNTY OF DUTCHESS )
ss:
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
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 November 18, 1986, your deponent posted a copy
of the attached Notice of Public Hearing on an Amendment to
the Zoning Ordinance Providing for a Board of Architectural
Review and Historic District Advisory Board, on the signboard
maintained by your deponent in her office in the Town Hall
of the Town of Wappinger, Middlebush Road, Dutchess County,
New York.
Elaine H. Snowden
Town Clerk
Sworn to before me this 1-11t
day of v'�iiYr���••l'y 1986.
CECILE S. HAWKSLEY
NOTNtY XWXa STAU OF NZW YQ�&
NO.4866032
QUAUm N DUiClIESS com
COIMIISSpMI EX M AUG. 4, I9 Lf
Notary Public
A Public Hearing was held by the Town Board of the Town of Wappinger
on December 1, 1986, at the Town Hall, Middlebush Road, Town of
Wappinger, Dutchess County, New York, on an Amendment to the Zoning
OrdinanceProviding a New Section Entitled "Mandatory Open Space
Subdivision.
Supervisor Paino opened the Hearing at 7:15 P.M.
Present:
Irene Paino, Supervisor
Joseph Bracone, Councilman
Vincent Farina, Councilman
David Reis, Councilman
June Visconti, Councilwoman
Elaine H. Snowden, Town Clerk
The Town Clerk offered for the record the Affidavits of Posting and
Publication duly signed and notarized. (These Affidavits are attached
hereto and made part thereof of the Minutes of this Hearing).
Both the Dutchess County Department of Planning and the Town Planning
Board have submitted their recommendations on this Amendment.
Mrs. Paino asked if there were any comments or questions on this
proposed Amendment.
Victor Fanuele noted that he had a problem with the "Standards Section",
under #1, the lot size per single-family dwelling must be not less
than 12,000 square feet, this will be a problem with water and sewer.
The lot does not have to be in the districts which means that the
Town will have to supply these facilities and he's not sure that the
Town is in the position to offer water and sewer. Under #2, it says
50% of the district area has to be left open and he feels that is
probably too much to be left open. If you have 10 acres, that means
5 acres have to be left open for open space and footage for the road,
it winds up to be about 4 acres to develop on ---10 acres is too small
and 50% is too much. Under Section 427.72, it says open space shall
remain forever wild, yet under 427.21, Procedure it talks about
recreation in open space --he felt that this is contradictory. In the
last paragraph of 427.22, it states that an application by the Planning
Board to the Town Board for authorization to mandate Open Space
development may be made at any time prior to preliminary plat approval,
but may not be made after preliminary approval of a conventional
subdivision has been granted. He did not feel this was right, they
should be open to renogiation at any time, and suggested that the
words "unless agreed to by the applicant" be added.
At this point they might have a preliminary subdivision application
and they might be interested in open space development. Another
concern was open space along the roadway which could invite dumping.
Even in the back this invitation still stands; if a person owns the
property he will monitor it so dumping will not be practiced. An
alternative would be to have a park association or owners association
own the back and extend the property line to the back and have an
easement so they can't develop the back piece. At least they'll
be there to take care of it and police their own area and still
have the green open area effect. They talked about auxiliary buildings
on the open space but there's no mention of auxiliary buildings or waht
would be the setbacks. In the current Ordinance if you build a garage
which is an auxiliary building, there's provision on how close this
building can be to the line which is 10 feet from the line. There's
a problem if they build an auxiliary garage next to the building and
you wind up defeating the sideline variance. The Ordinance also talks
about bonding ---are we still accepting bonds in the Town or Letters of
Credit or some other form, as a guarantee that the work will get done.
Mrs. Turk read the legal notice and was not too sure about the open
space or green belt. Where there's property in location of the power
lines, what are they going to do with that. Another thing there's a
10 acre minimum, will there be any space between each green belt or
one green belt after another like shopping mall effect. What about
water and sewer ---water in some areas in Wappinger is not very good.
If you build a big development of about 100 acres, you will definitely
need a central water system and people who live around green belts
with private wells have been depleted. Will the Town protect these
wells and bring central water system to the wells that are depleted?
The Ordinance states 12,000 square feet for single family and her
thought was there's a lot of people coming up from the city and
they don't want to be clustered together, they want a rural area.
What about bringing in sewer lines to big developments of 100 homes?
What about sludge removal? Is the green belt area based on any other
development in the country? Have they watched this work before, have
you given any thought to this, have you seen these systems work. A
neighbor who could not be present requested that she ask other questions.
What about if you're in one acre zoning and they want to cluster the
houses, why not leave the house on one acre and have a green belt
around.there, that would be more rural. -How many developments will
the Town allow and how much spacing between each green belt?
Jean Pitchford noted that they didn't answer Mrs. Turk's question ---
what is the model for this proposal, was this patterned after any
other development. Mr. Hawksley, Chairman of the Planning Board
who was instrumental in putting this Ordinance together responded
that the Ordinance was based on several other ones adopted in the
State of New York and he felt they were working with relative success.
Mrs. Pitchford noted that in the Town of Beekman they wanted to use
the golf course for a green area and they were turned down. Mr.
Hawksley was not knowledgable of this and her reply was that he
should be aware of these things since he's on the Board in this Town.
She had many questions ---427.12, Soils, prevent development on soils
which would present a special hazard from erosion, slippage, settling,
or other characteristics unsuitable for the proposed use; this, she
felt should be under the present zoning, why need a special Ordinance
to enact this. Under Section 427.31 #10, the minimum distance between
the lot line of any group of housing units and subdivision property
line shall be 100 feet; this is completely inadequate, a very small
distance; #15, building lots shall be required, whenever possible,
in the Planning Boards judgment to be situated on soils which will
adequately support such development; you can't have a building lot
which shall be required, whenever possible, it has to be situated on
soil which supports such development. What other easements will be
allowed in the green spaces?
Mrs. Paino pointed out that not in every case will the Planning Board
decide to mandate an open space subdivision, it will be up to their
discretion. In order for the Planning Board to follow through on
these applications, they will have to refer them to the Town Board
and both of these Boards will work in conjunction with the Dutchess
County Planning Department. As indicated earlier, recommendations
were received from both Town and County Planning and both approved
of this Ordinance. In regard to water and sewer, this comes under
the purview of the Dutchess County Health Department whether well and
septic will be approved; if not provision must be made for central
districts, again mandated by the County relating to hookups to the
present systems. As to one acre zoning, this Ordinance would not
provide for any higher density as would ordinarily be acceptable
under conventional subdivision rules and regulations. In regard to
dumping, no matter where you go in any community, there are always
the type of people who dump anywhere; it does'nt matter whether it's
near a road or in the middle of a field. This would not be a reason
not to implement the Ordinance; dumping is just something we have to
keep on top of. It is very important to maintain our open spaces for
future generations.
Ed Hawksley commented that the intent of the Ordinance was to try
to set aside some green area, under certain conditions and this will
enhance the value of the homes placed in that area. The standards
set are "minimum requirements", it doesn't mean that they are set
figures. The Planning Board will use their judgment as the applications
are submitted and they will be based on the restrictions outlined.
A ten acre parcel will not necessarily provide for ten homes in that
development, it may only be six and they could be clustered with
considerable open space. The space between could be even larger
than is required under current conditions for subdivisions. When
developed, there will be a noticable difference in this type of
development. It is unfortunate that they do not have an open space
plan in the Town, but possibly, in the future, this would be a
functin for the Conservation Advisory Council.
Mr. Fanuele reiterated some of his statements about ownership by
the home owner's association of the open spaces so they can be
monitored but still preserve the visually effect of green areas
and open spaces. Just because it's a 2 acre lot, it doesn't have to
be all lawn, clear part of it and keep the rest wild, have open space
around the home but let it be the responsibility of the home owner.
There were no other comments made by the public either for or against
the proposed Ordinance.
MRS. PAINO moved to close the Public Hearing, seconded by Mr. Reis
and unanimously carried.
The Hearing closed at 7:40 P.M.
Elaine H. Snowden
Town Clerk
rti� ;- 0 Ca00 Do
NEWS
DISPLAY ADVERTISING CLASSIFIED ADVERTISING
r 914 297-3723
84 EAST MAIN STREET—IVAPPINGERS FALLS , NY 12590
t
gide yarn IS ri0i Tess thar
-....___
es tdiows: 8. The from and . rear yard are
t The Zoning Ordinance of ins Town of less than 35 feel.
Wappinger, Duly adopted on March 10,
9 All groups of housing units
j1980 ane as amended from time to time K aewreteby a minimum of l ad les
further amended by adding Section 427 as space.
10. Tne minimum distance ben
SECTION 427 MANDATORY OPEN lot line of any group of housing I
SPACE SUBDIVISION subdivision property fine shall be
r i 427.1 PURPOSE.11, The minimum gross 101 slz
- 1 It is the intent of itiTown of Wappinger Open Space oevelop0ient shat
pmaintain open "woe whenever possible
AFFIDAVIT OF PUBLICATION
agree.
in order to preserve the aesthet•c quality 12. The permanently deeded Diol
j and rural nature of the townarea snail be not less than 50 pit
The purpose of the own Space provi•
cite tot area any resigentiel dim
cion of this ordinance le to permit the roup -13. The maximum amount of int
Ing of single-family oweuings on suitable surface shall not be more than 15
Solis within the various Resioenual Districts, -
on tots of a reduced size, and to distribute
the open space maps available 0. this mine gross la Size 01 tris Open
State of New York,
reduction, to achieve a design of such sub development.
to accommodate residential 14. In no CAS "Iins permsiedl
division
development in • a manner which will of dwelling units exceed the nun
on units which would w perm
County of Dutchess,
minimize the impact of development dwelling
open space in general, including other im- the Planning Boards judgement, A It
boon divided 1pto*is cDntormin
Town of Wappinger.
portant components of the environment had
relevant to the affected area. minimbn tot allowed by this ordins
The Planning Board, upon review of a the district or districts in which suc
residential subdivision proposal, may re- is situated and conforming to ail oil
authorization from the Town Board plicebk requirements.
.
Gisela Schmitz of the
quest
i Pursuant to Cheater 412 of State Law, 15. Building lots shall be rel
in the Planning 1
, , , .. .... .
1962, requiring the applicant to provide an whenever possible.
- own space subdivision in compliance with judgement, to be snualed on Spits wit
support such develOPm
Town of W a in er, Dutchess County, New York,
pp g
this Ordinance and Other duty adopted Stan- adequately
dards, to accomplish iris intent and purpose 427.4 Board of Architectural Rev
- stated herein.rein reviewing the application for
being duly sworn says that he is, and at the several
The applicant will Only be Mau ited to pro -Space Development the Planning
vice an open space subdivision when one Shan request that the Board of Archrl
in the Review determine the suflabilhy of ti
Bookkee er
times hereinafter was, the ............� ......... .
or more of the following oblectives.
opinion of the planning board, is boner ac- posed design and materials, and chi
complished by an openspace subdivision, Ping Bond sign neve toe
the W. & S.D. NEWS, a newspaper printed and
aerials
as compared to a Subdivision designed by that solo Design and materials use '
be modified so as to be more can
of
'o
conventional grid pattern.
The Open Space development provision with and harmonious to the goner
published every Wednesday in the year in the Town
of this ordinance does NOT result m there rounding community and its enviroi
being any more single-family dwellings than 427.5 Review Cmens
a conven- In addition to the requirements
Wappg in er, Dutchess County, New York, and that the
would have been allowed uncer
-Section, the Planning Board shall ON
tpnal subdivision.
criteria Protection of Water atarpards and Oeria to be used dun
review of an Open Space developr 1
annexed NOTICE was duly published in the said
Protection of the ground orsurfacewater ,
wetlands, noodplams, or unique areas of 427.6 Consultants
when reviewing on apo cation unit ;
s, historic
one • , , , weeks successively . QAce .
newspaper for.. Y
natural significance.
jural o salts provisions of this section, the Pie :
Prevent development on soils which Board may retain independent archnl
The roast -
in on the 19t4 day of. ,Nope
- _ would present a special hazard from ero- or engineering accountants.
other fees and expenses of such const
each week, commencing .
sion, slippage, settling, or
characteristics unsuitable for the proposed shall be paid by the applicant.
427.7 Perpetual Open Space
. 1986.. and on the following dates thereafter, namely
use
427.13 SEORA 427.71 Ownership
Mitigation of impacts identified through Perpetual open space land, as roc
by this section. shall be in one of the f
on
application at either rite State Environmerr,
tel duality Review Act or Town of W app in 6 forms of ownership:. A homes association approved 1
inger local law N2, 1977. Town Board.
Open Space eo a 2. An other arrangement approv,
'Preservetion of poen aveee io v��i r �
-Preservation the Ott
• • • • • • • • • • • • • .
,1 tit ......day of. .Nap, .....
9
and ending on the .
visual screen or separation between strut- the Town Board as satisfying
tures and Wates commonly occupied by this rection.
427.72 Permanent Praservatpn
19. $�, both days inclusive.
the Public.
427.15 Roadways Perpetual *open space land, to n
Minimize the nuInDer of new roads or forever wild, shall be dedicated to P'
from existing Pent by the use of Is Cc
i ^ l
i i
��
driveways obtaininc access preservation
roads, and the amount or new road to be vation easement granted to the toper
to town. a to notefor-profit of
1 ✓ ✓
e i ,.fit° �l............ • .... • .
Dedicated e 3 It"
ant
427.16 Master Plan sutuit to Amick 49, Title 3 of tM
a
Accomlisn specific posts indicated in the vuonmenial Conservation Law. The
'
Town of Wappinger Master Plan regarding shall accept the conservation east
residential oeveppment. pursuant to Section 247 of h ,
triose dealing wnn
427.2 Application for Open Space Municipal Law. All property rights
perpetual open space tot, with the e
Subscribed and sworn to before me
Development
The Town Board may, by resolution, tion of uses not allowed as specified
aumorize the Planning Board to require an conservation easement. Shan rental
Open Space development on a particular a home association.
p�- ..
this ....1 ! :'h... day of .... Nov, 19
)Ja�C
pe
Mand. All perpetual own space goons
site or tract of
` 427.21 Procedure permanent Preservation shall . F roc
' Where the Planning Board deems it in directly on the subdivisron plat Fess
is an
i(`
, , . , , , , , ,
tete Interest 01 the Town, the Planning sion of such areas prohibited
Board shall request the Town Board to ding so stating shall be noted on in
Notary Public
authorize It to mandate an Open Space plat.
development. Such request snail specify No structures may be erected
the element or elements (from XXX above), - perpetual open space except as ant
H any. which justify preservation, and shall the approved development plan or
describe Ins means by which - proved by the town to aid in them
My commission expires .........................
specifically
an Open Space deveppmem would further mens or use of the perpetual open L
non-commercial purposes__
the purposes set forth above.
A! the same time that the Planning
=r i
Board's request is sent to the Town Board,
ty`i'- ` • 1 `�•`~
a copy shall be sent by.regular mail to the
of the land for which the application
ironer
is beingmade, at the owners last known
address. Such owner shall nava the right
. A
td submit any relevant inlOnilalioh t0 irks
Town Board.
The Town Board snail review the intoe
motion suDmined by the Planning Board
and the property, Owner. At the ownersre.
quest, the Town board snail most with the
owner to discuss the desirability of mar,
dating an Own Space development. At any
such meeting the Planning Board or its
designated representative(s) may be pre-
sent. Alter reviewing the documents and
evidence submitted, and the criteria set
forth in Town Law, Section 281, the Town
board shall determine whether or not 10
authorize me Planning Board to
submission of an Ops Spapa� i
plan. The determination shall be con-
sidered a legislative determination by the
Town Board. Copies of the Town board's
determination shall be sent by regular mail
to the Paanninq Board and tree proneny
owneratthe owner's last Known &across.
If the Town Board declines to authorize a
mandatory Open Space oevOWmient than
the Planning Basra snail continue to review
conventional subdivision pian submit -
any
led by the ownerif the Town Board
iwthorizes a mandatory Own Space
mass
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
------------
------------------
IN THE MATTER
OF
NOTICE OF PUBLIC HEARING ON
I II AN AMENDMENT TO THE ZONING
i ORDINANCE ON MANDATORY OPEN
SPACE SUBDIVISION
------------------------------
i
j STATE OF NEW YORK )
l COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and says:
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 November 18, 1986, your deponent posted a copy
of the attached Notice of Public Hearing on an Amendment to
the Zoning Ordinance on Mandatory Open Space Subdivision,
on the signboard maintained by your deponent in her office
in the Town Hall of the Town of Wappinger, Middlebush Road,
Dutchess County, New York.
C77)
Elaine H. Snowden
Town Clerk
Sworn to before me this /ix"t
day of �.
�1986.
Notary Public
CECHE S. HAWKSLEY
NOTAW PLMM frAl2 OF I= TM
ND. 4aso
W WF0 IN DUTCHESS CM
C01141iS M EMRM AUG. 4, 19