1986-10-20 RGMi
i
AGENDA
TOWN BOARD
TOWN 0t WAPPINGER t
i
BIMONTHLY MEETING j
------OBER-20,-1986----------- I
1. SUPERVISOR CALL MEETING TO ORDER
2. ROLL CALL
PLEDGE ALLEGIANCE TO FLAG
3. ACCEPT MINUTES Reg. Oct. 6, 1986
4. REPORTS OF OFFICERS:
Receiver of Taxes Bldg. Insp.
5. PETITIONS & COMMUNICATIONS
a. Richard Barger re: acceptance of Schnabl Court as Town Rd.
b. Keith Gordon re: Town accept Pondview Subd. Pump Station
c. Recreation Comm. request permission to go to bid for Boat
Ramp in Chelsea
d. David Stenger re: request Town accept Stenger Court as Town Rdi.
6. COMMITTEE REPORTS
7. RESOLUTIONS
a. Introduce Local Law re: Partial Exemption increase for Sr.
Citizen Tax exemptions
b. Introduce Zoning Ordinance Amendments for Driveways (requested
by Fire Insp. Classey)
c. Res. requesting cost of preparing Map, Plan and Report
to ascertain cost of hooking into Tri -Municipal
d. Appoint member to Board of Assessment Review
e. Set dates for Public Hearings on Water & Sewer Dists.-& Imp.
Areas - Benefit Assessments —
f. Adopt fee schedule for Assessor to search & supply to Ping
Bd the abutting property owner names & addresses for Public
Hearing purposes
g. Set Public Hearing date for Town Budget
h. Introduce Zoning Ord. amendment to include Board of Architectu
Review
i. Introduce Zoning Ord. Amendment - Open Spaces
j. Res. to apply for certification from State as an approved
assessing unit
k. Keith Gordon - request for return of Road opening cash bond
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. ADJOURNMENT
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The Regular Bimonthly Meeting of the Town Board of the Town of
Wappinger was held on October 20, 1986 at the Town Hall, Middlebush
Road, Town of Wappinger, Dutchess County, New York.
Supervisor Paino opened the Meeting at 7:35 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 began with the Pledge of Allegiance to the American Flag.
The Minutes of the Regular Bimonthly Meeting of October 6, 1986,
having been previously forwarded to all Board Members, were now
placed before them for their consideration.
MRS. VISCONTI moved that the Minutes of October 6, 1986, be and they
are hereby approved, as submitted by the Town Clerk.
Seconded by Mr. Farina
Motion Unanimously Carried
Reports were received for the month of September from the Receiver
of Taxes and from the Building Inspector for the months of January
thru May.
MR. REIS moved to accept the above stated Reports and place them
on file.
Seconded by Mr. Farina
Motion Unanimously Carried
Petitions and Communications ---
A letter of request was received from Richard Barger for the
acceptance of Schnabl Court in the Cedar Creek Estates Subdivision
as a Town Road.
MR. BRACONE moved to refer this matter to the Highway Superintendent
and the Engineer to the Town for their review and recommendation.
Seconded by Mr. Farina
Motion Unanimously Carried
Correspondence was received from Keith Gordon, Vice President of
Highland Glen Development Corp. regarding the acceptance of the
A- �
pump station at the Pondview Subdivision. Mr. Gordon indicated
that the pump station was installed in accordance with the
specifications set forth by the Town Engineer and he felt the pump
station should be accepted by the Town, effective immediately.
Mr. Farina noted that there have been several problems with this
pump station and preferred to wait for reports from the Engineer
and Camo Pollution prior to accepting it.
MR. FARINA moved to table action on this matter pending receipt
of reports from the Engineer to the Town and Camo Pollution Control.
Seconded by Mr. Reis
Motion Unanimously Carried
A letter was received from the Recreation Commission requesting
that the Town Board authorize the Engineer to go to formal bid on
the boat ramp at Chelsea.
Mr. Reis had previously discussed this matter with Mr. Holt, Chairman
of the Recreation Commission and preferred to have the Engineer review
the sketches prior to Town Board action.
MR. REIS moved to refer this matter to the Engineer for his review
of the sketches submitted by the Recreation Commission and report to
the Board.
Seconded by Mr. Bracone
Motion Unanimously Carried
Mr. David Stenger, President of Creekview Construction Corp. wrote
to the Board requesting that they accept Stenger Court in the Riverwood
Estates Subdivision as a Town Road.
MR. BRACONE moved to refer this matter to the Highway Superintendent
and the Engineer to the Town for their review and recommendation.
Seconded by Mr. Farina
Motion Unanimously Carried
Committee Reports ---
Mr. Bracone had no reports for this meeting.
Mr. Reis had no reports for this meeting.
Mr. Farina, Landfill Committee reported that the Castle Point Landfill
would be open on November lst and November 8th, 1986 for the usual
items including metal and on November 15th, 1986 for leaves and brush
only; the hours will be from 8:30 A.M. to 12:30 P.M.
Resolutions ---
The following proposed Local Law was introduced by COUNCILMAN REIS:
This Local Law amends the provisions of the following Local Laws
providing for partial tax exemptions of real property owned by certain
persons with limited income who are 65 years of age or older by
implementing the provisions of Chapter 991 of the Laws of 1983
and Chapter 756 of the Laws of 1986.
A Local Law amending Local Law No. 1 of 1967, Local Law No. 5
of 1977, Local Law No. 2 of 1980, Local Law No. 6 of 1980, Local Law
No. 7 of 1982 and Local Law No. 8 of 1983.
BE IT ENACTED by the Town Board of the Town of Wappinger,
Dutchess County, New York as follows:
SECTION I: Section 2 (b) of Local Law No. 1 of 1967, Section
2 of Local Law No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 6
of 1980 and Local Law No. 7 of 1982 and Local Law No. 8 of 1983 are
hereby amended to read as follows:
Section 2(b): The income of the owner or the combined income
of the owners of the property shall not and may not exceed the sum of
Twelve THousand and Twenty -Five ($12,025.00) Dollars for the income
tax year immediately preceding the date of making the application for
exemption. The income tax year shall mean the twelve month period for
which the owner or owners filed a federal personal income tax return,
or if no such return is filed, the preceding calendar year. Where
title is vested in either the husband or the wife, their combined
income may not exceed such income. Such income shall include Social
Security and retirement benefits, interest, dividends, net rental
income, salary or earnings, and net income from self-employment, but
shall not include a return of capital gifts or inheritances. Rental
income and self-employment shall not be reduced by an allowance for
depreciation.
SECTION II: Section 2(c) of Local Law No. 8 of 1983 is hereby
amended to read as follows:
Section 2(c): If the income of an eligible property owner
or the combined income of the owners of the property exceeds the sum
of $12,025.00 for the income tax year immediately preceding the
date of making the application for tax exemption and is not
greater than $15,025.00, said owner shall be entitled to a partial
exemption as follows:
INCOME NET EXCEEDING:
F.XF.MPTTnN
$12,525.00
45%
$13,025.00
40%
$13,525.00
35%
$14,025.00
30%
$14,525.00
25%
$15,025.00
20%
In administration of the foregoing, the provisions of Section
2(b) shall be applicable other than the provisions limiting income
to $12,025.00.
SECTION III: This Local Law shall take effect immediately
upon adoption and filing.
The following REsolution was offered by SUPERVISOR PAINO
who moved its adoption:
WHEREAS, there has been duly presented and introduced at a
meeting of this Town Board held October 20, 1986, a proposed Local
Law Amending Provisions of Local Laws providing for partial tax
exemptions of real property owned by Senior Citizens, and
WHEREAS, the provisions of the Municipal Home Rule Law require
that no local law shall be passed by the legislative body of the
town until a public hearing thereon has been held before such body,
NOW, THEREFORE, BE IT RESOLVED,
1. That a public hearing shall be held on the said proposed
Local Law by the Town Board of the Town of Wappinger on the 3rd day
of November, 1986 at 7:25 o'clock P.M. on such day, at the Town Hall,
Middlebush Road, Town of Wappinger, Dutchess County, New York.
2. That at least five (5) days notice of such hearing shall
be given by the Town Clerk of the Town of Wappinger by the due
posting thereof upon the bulletin board maintained by said Town
Clerk in the Town Hall and by publishing such notice at least
once in the official newspaper of the Town of Wappinger.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
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The following Ordinance was introduced by COUNCILMAN REIS:
BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger as follows:
The provisions of the Zoning Ordinance and Zoning Map of the
Town of Wappinger, duly adopted on the 10th day of March, 1980, and
as amended from time to time is further amended as follows:
1. Section 477 of the Zoning Ordinance is modified as follows:
477 Driveways
477.1 General
For reasons of Fire Protection, Traffic and Pedestrian safety,
both on and off street, as well as to provide for possible future
road widening or other improvements, all new driveways and sidewalk
crossings entering onto any street shall comply with all requirements
of these Regulations and shall be subject to the approval of the
Superintendent of Highways, except where such are part of a use
subject to special permit or site development plan approval, in
accordance with Sections 420 and 450, in which case they shall be
subject to Planning Board and/or Zoning Board of Appeals.
2. Section 477 is further amended by adding the following:
477.5 Emergency Vehicle Access
477.51
477.52
477.53
Driveways and access roads shall be so designed as
to provide Fire Department apparatus access to
within a distance of no less than 150 feet of
the structure it may be called upon to protect
and they shall meet the following requirements.
They shall have a minimum width of 10 feet.
They shall have and maintain a minimum overhead
clearance of 12 feet.
They shall be of sufficient base as to support
a 30 ton apparatus.
477.54
No turn shall be of such a degree as to prevent
access of Fire Department apparatus.
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3. This Ordinance shall take effect immediately upon adoption,
posting and publication, as prescribed by Town Law.
MRS. PAINO moved to set a Public Hearing on the aforesaid Amendment
to the Zoning Ordinance (Section 477) on November 17, 1986 at 7:00 P.M.
at the Town Hall, Middlebush Road, Town of Wappinger, New York, to
hear all interested persons.
Seconded by Mr. Farina
Motion Unanimously Carried
The next Resolution related to the Tri -Municipal Project and Mrs. Paino
explained that the Engineer to the Town has been investigating alternates
to improve the facilities of the Oakwood Knolls Sewer Treatment Plant.
One of the alternates being considered is the possibility of the Town
hooking into Tri -Municipal.
MRS. PAINO moved to request the Tri -Municipal Commission to provide
the Town Board with the cost of preparing a Map, Plan and Report for
the Town of Wappinger to hook into the Tri -Municipal Project.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino asked that the Tri -Municipal Commission be informed that
this Report be submitted to her on or before October 28th, 1986.
A vacancy still existed on the Board of Assessment Review since Mr.
Ludewig's term has expired and he had forwarded a letter of resignation
to the Board.
MRS. PAINO moved to table action on this matter for further review
of persons available to fill this position.
Seconded by Mr. Reis
Motion Unanimously Carried
At the last meeting the Assessor had been directed to complete the
Benefit Assessment Rolls for the WAter and Sewer District; it was
now required that the Town Board set a date and time for the Public
Hearings on these Rolls.
MRS. PAINO moved to set the Public Hearings on the Benefit Assessment
Rolls for the following Water and Sewer Districts and Improvement Areas
on November 3rd, 1986 starting at 7:00 P.M. and continuing at two
minute intervals until completed: Central Wappinger Water Improvement
Area, Oakwood Water District, Fleetwood Water District, Tall Trees
Water Improvement Area, Ardmore Water Improvement Area, Wappinger
Sewer Improvement Area, Wildwood Sewer District, Rockingham Farms
Sewer District, Fleetwood Sewer District, Mid -Point Sewer District
and Watch Hill Sewer District.
Seconded by Mr. Farina
Motion Unanimously Carried
A request was received from the Planning Board and the Zoning Board
of Appeals for the Town Board to adopt a fee schedule, proposed by
them, for the Assessor's Office to search and supply to both Boards,
the abutting property owner names and addresses for public hearing
purposes. According to the schedule, the applicant will pay the
Zoning Office a minimum fee of $10.00 and a further fee of $5.00
per parcel for this service.
MR. FARINA moved to approve the fee schedule presented by the Planning
Board and the Zoning Board of Appeals for the services to be provided
by the Assessor's Office.
Seconded by Mr. Reis
Motion Unanimously Carried
Setting the date and time for the Public Hearing on the 1987 Town
Budget was placed before the Tovn Board for their consideration.
The following Resolution was offered by SUPERVISOR PAINO who moved
its adoption:
RESOLVED, that the Town Board of the Town of Wappinger will
meet and review the Preliminary Budget and hold a Public Hearing
thereon, at the Town Hall at 7:30 o'clock P.M. on the 6th day of
November, and that at such hearing any person may be heard in favor
of or against the Preliminary Budget as compiled or for or against
any item or items therein contained.
Seconded by: Councilman Farina
Roll Call Vote: 5 Ayes 0 Nays
MRS. PAINO moved to set a Special Meeting for November 6th, 1986 at
8:00 P.M. for the sole purpose of considering the adoption of the
1987 Town of Wappinger Budget.
Seconded by Mr. Farina
Motion Unanimously Carried
The following -ordinance was introduced by COUNCILMAN REIS:
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
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e tter or p aranc f bui d' s ere tod in any n i hbo hhood adversely
a fec s t i� edesira ii1 Y o W imme°dWe area aned r�eig�iboring areas
for residential and business purposes or other use and by so doing
im�airs the sa i�ity°an�cvauec�'f°bfoilimr�v�c°ndrtuynimpovedareal�'
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 Adisory 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 Wappinger. 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 fo the term of their predecessors in office
Members shall serve without compensation. Vacancies shall be filled
by the Town Board for unexpired terms of any members whose position
on the AAB shall become vacant.
428.22 Members
The AAB members 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 scheduled
meeting.
428.27 Disqualification for Interest
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 participation in the review process thereon.
428.3 FUNCTIONS OF THE AAB
428.31 Review Authority
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.
of signs.
(d) Signs. Plans for construction or erection
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) Planning 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 oppor-
tunity to discuss the proposed plans with the AAB at one of its
meetings.
428.43 Site Visits
Insofar as is possible, and whenever deemed necessary by the
Chairman of the AAB, members of the AAB shall visit the site of
proposed construction.
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
visually compatible with
are visually related.
428.52 The
visually compatible with
are visually related.
structures should be constructed to a height
the buildings and environment with which they
gross volume of any new structure should be
the buildings and environment with which they
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.
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.
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428.514 The setback of the building(s) from the street
or property line, and the other yard setbacks, should be visually
compatible 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.
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 cf 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
unconstitutionality, 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.
o2s/
MRS. PAINO moved to set a Public Hearing on the aforesaid Amendment
to the Zoning Ordinance (Architectural and Historic District Advisory
Board) on December 1, 1986 at 7:00 P.M. at the Town Hall, Middlebush
Road, Town of Wappinger, New York, to hear all interested persons.
Seconded by Mr. Reis
Motion Unanimously Carried
Mrs. Paino requested that this Ordinance be forwarded to the Dutchess
County Department of Planning and the Town Planning Board for their
review and recommendation.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
The following Ordinance was introduced by COUNCILMAN FARINA:
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
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 Ordinance 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 th 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
tri 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 identified through application of either
the State Environmental Quality Review Act or Town of Wappinger
Local Law #2, 1977.
427.14 Open Space
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 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 owner's 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 de-\dopment plan. The determination shall be
considered a legislative determination by the Town Board. Copies of
the Town Board's determination 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 building, 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
F]
-z-5-2
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.
427.22 Appplication 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 STANDARDS
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 not 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 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 Board's 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 Board's 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
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
Perpetual open space land, to remain forever wild, shall be
by the use of a conservation
dedicated to permanent preservation
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 improvements 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 shall
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.
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 charger 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 collection 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 establishd.
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 developer regarding 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 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.
MRS. PAINO moved to set a Public Hearing on the aforesaid Ordinance
Amending the Zoning Ordinance (Mandatory Open Space Subdivision).
on December 1, 1986 at 7:15 P.M. at the Town Hall, Middlebush Road,
Town of Wappinger, New York, to hear all interested persons.
Seconded by Mr. Farina
Motion Unanimously Carried
Mrs. Paino requested that this Ordinance be forwarded to the Dutchess
County Department of Planning and the Town Planning Board for their
review and recommendation.
She then thanked Mr. Hawksley, Chairman of the Planning Board for
organizing this Amendment and also to the Zoning Administrator, Hans
Gunderud for his help.
The following Resolution was offered by COUNCILMAN BRACONE,
who moved its adoption:
WHEREAS, the Town of Wappinger has entered into a contract
with Finnegan Associates to complete a real property valuation
update project according to Article 15-B of the Real Property
Tax Law, and
WHEREAS, It is the intent of this municipality to apply for
certification as an Approved Assessing Unit pursuant to Subdivision I,
Section 1902 of the Real Property Tax Law,
NOW, THEREFORE, BE IT RESOLVED that Supervisor Irene Paino is
hereby authorized to submit the Notice of Intent to the New York
State Board of Equalization & Assessment as required.
Seconded by: Councilman Reis
Roll Call Vote: 5 Ayes 0 Nays
A request from Keith Gordon, Vice President of Highland Glen
Development Corp. that $500.00 deposited with the Town for a Road
Opening Permit on Mina Drive, was tabled for discussion with the
Highway Superintendent and the Engineer. The Engineer noted that the
,M.
cash bond deposited with the Town was for a road cut made on the
existing section of the old portion of Mina Drive; it has no bearing
on the bond that was placed on the new section. He had no problem
with the release of the $500.00 to Mr. Gordon.
MRS. PAINO moved to authorize the release of the $500.00 cash bond
deposited by Highland Glen Development Corp. for Road Opening Permit
#83-3, old section of Mina Drive.
Seconded by Mr. Reis
Motion Unanimously Carried
Unfinished Business ---
At the last Town Board meeting, a complaint was received from a
resident of Stoneykill Road regarding the incompletion of cable
service to that road. A letter was directed to Mr. Erichsen of
U. S. Cablevision (Colony Communications) questioning the delay of
the service; a reply was received stating that the New York Telephone
Company has completed their "makeready" work on Stoneykill Road and
have issued licenses allowing them to start construction of the
cable plant. A completion date of November 10th, 1986 was indicated
by Mr. Erichsen when they should be able to start connecting the
subscribers in the Stoneykill Road area.
Mrs. Paino received a report from Paggi & Martin late this afternoon
regarding the traffic problems Mr. LeBlanc at 44 Brothers Road had
complained about. Their recommendations were as follows: the suggested
speed limit of 25 MPH should be changed to 15MPH, a "Slippery When Wet"
sign for each direction; double yellow line painted on the road through-
out the problem areas; new guard railing installed to replace the
existing wooden posts and extended to protect houses at #44 and #46
Brothers Road. All of these recommendations can be implemented by
the Town Highway Department with the exception of striping the double
yellow lines. This comes under the purview of the Dutchess County
Department of Public Works and the expense would be charged to the
Town.
MRS. PAINO moved to forward a letter to Commissioner Spratt, Dutchess
County Department of Public Works requesting that they stripe the
problem areas of Brothers Road with a double yellow line and the
Town will reimburse them for the expense incurred.
Seconded by Mr. Reis
Motion Unanimously Carried
New Business ---
Mrs. Alberta Roe, was recognized by the Chair and asked if there
would be extra patrols for Halloween. Mrs. Paino responded that
Deputy Sheriff Carl Amburghey has arranged the schedule to provide
additional patrol.
Michael Hirkala was recognized by the Chair and asked if the Town'
was having a Fall Clean -Up. Councilman Farina replied that the
Spring Clean -Up depleted 75% of the annual budget for the clean-ups
due to the fact that the neighboring towns cancelled their programs
and their junk was deposited in the Town of Wappinger. Since he
came to the meeting after Mr. Farina announced that the Landfill Site
would be open for three Saturdays in November, the information was
repeated for him.
Mrs. Visconti noted that she had spoken to the Comptroller regarding
the Marcy South Grant and he was not aware of it; she asked that the
Comptroller research the matter and determine how much the Town is
eligible for, what can they be used for and submit a report to the
Town Board.
Mrs. Paino replied that she had the information on that ---the money
is funnelled to the Town Board from the State (PASNY) to be used by
them at their discretion. A panel is set up of seven individuals ---
the Town Supervisor and whoever the Supervisor designates to be a
member; the Supervisor then compiles a list of public groups and
sends them notices. Five members are then selected from these groups
which totals seven in number who review various requests from public
agencies (non-profit organizations). The decison is then made by
the panel and a sum of $346,000.00 is expected for the Town of Wappinger.
Their decision is forwarded to PASNY who makes the final determination
on who will receive monies. In answer to Mrs. Visconti's question
regarding the selection of this panel, Mrs. Paino replied that it has
not been done at this point.
Mrs. Paino received a letter from a resident on Smith Crossing Road
requesting that 2 "Deaf Child" signs be placed on her street; this
request will be forwarded to the Highway Department.
Another request received tonight from the Engineer to the Town
was for a Change Order in the contract for the Water Storage Tank
Painting in the amount of $200.00. The reason being that the holes
in the tank at Rockingham Water Storage will be filled, after the
inside surface of the tank is sand blasted, thereby decreasing the
rate of corrosion and helping to maintain the structural integrity
of the tank. Apparently when this tank was drained it was noted
that approximately 15% of the inside lining of the steel tank
was found to contain small holes. They proposed to fill the holes
with Pit Sealer which is 100% epoxy and is approved by the New York
State Deprtment of Health.
MRS. PAINO authorized the expenditure of up to $200.00 for pit
sealer on the Rockingham Water Storage Tank under the contract for
Painting the Storage Tanks.
Seconded by Mr. Farina
Motion Unanimously Carried
There was no other business to come before the Board.
MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and
unanimously carried.
The Meeting adjourned at 8:03 P.M.
Elaine H. Snowden
Town Clerk
Reg. Mtg. 10/20/86