1973-05-09 PH/a3A- 4110-
A Public Hearing was held by the Town Board of the Town of
Wappinger on May 9, 1973, at Town Hall, Mill Street, Wappingers
Falls, Dutchess County, New York on an Ordinance on Proposed
Planned Unit Development.
Supervisor Diehl opened the Hearing at 7:07 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
Harry Holt, Councilman
Leif Jensen, Councilman
Stephen Saland, Councilman
Elaine Snowden, Town Clerk
The Town Clerk offered for the record the Affidavit of Posting
and Publication duly signed and notarized by Albert Osten of the
W&SD News. (These Affidavits are attached hereto and made a part
thereof of the minutes of this Hearing).
Mr. Spratt, Planning Consultant was present and explained the
expression PUD. It was actually a "planning tool" similar to one
instrument that held many tools. A developer must come in with
a well prepared plan. It was then up to the Planning Board and
the Town Board to research every avenue and make sure it would
best serve the public.
Mr. Diehl asked if anyone had questionsto ask Mr. Spratt on this
Ordinance as he had to leave to attend another meeting.
Allan Bradley, Wheeler Hill Road, asked if PUD had any affect on
the present zoning. How much area would be open, how much is
commercial; he did not think it was spelled out. He thought this
should be put to a vote for the residents in the Town.
Warren Strohm, would the enactment of this Ordinance have a
predictable effect in the Town of Wappinger in regard to average
density, overpopulation or land use?
Louis Eck - If the Planning Board approves any particular PUD, has
the Town Board the right to turn it down.
Mr. Clausen felt it should initially go to the Town Board rather
than the Planning Board, because it puts a terrible burden on the
I
Planning Board.
Huntington Curtis, Chelsea was in favor of and also opposed to
PUD. He agreed with PUD in certain respects. It was great to
stop and buy a loaf of bread so near home, but on the other hand
it does, to a certain degree change a residential area to commercial.
He asked if PUD included cluster.
Mike Hurkala - do they specify how many acres remain open? He
asked Mr. Spratt if the Town Board was bound by PUD - must they
accept the application once it was adopted?
No one else spoke.
MR. HOLT moved to close the Public Hearing, seconded by Mr. Jensen
and unanimously carried.
The Hearing closed at 9:05 P.M.
ActiLLQ jcc.ev,A.C-4,
Elaine H. Snowden
Town Clerk
/3�-
W. and S. D.
NEWS
DISPLAY ADVERTISING
CLASSIFIED ADVERTISING
AX 7 — 3724
20 EAST MAIN STREET - WAPPiNGERS FAL
regal N!
;i
PLEASE TAKE NOTICE that the Town Board of the Town 0f Wappinger York
er Will
onPanductwed a publicmay
at 7:00 P.M.'Mi 11 EDSTtto hear Wappingers
pipersons concerning an, financed Development .. _�
Ordinance on proposed' Planned ORDIINANCE ant (PUD).-• .
.-The following Ordinance was introduced by CounctImert Saland who" dwveC
flat. Et IT RESOLVED and ordained by the Town- Board oFme Tovm of WappinCer,
Dutchess County, New York, in pursuance of the authority conferred by the laws at
the Slate of New York; as follows:
SECTION I. The Town of Wappinger Zoning Ordinance adopted January 29, 1962
and amended from time to time is further amended by adding the following sec-
tions:. :,. tom,
Section 460 - Planned Unit Development ; ;,•i; -,i 0.4,4. %ste=t
•
Section 460.10 •Intent
• It is the intent of this Planned Unit Oeveloh Tp��^ent (PUD) Sec -I) Prot Ida.
that small -to -larged design regulations scale neighborhoods or portions thereof performance
«develloped
incorporatewitnin the wside are
uses, and contain both Indivulabuvariety sites and common property Iidenaal
planned and developed as a unit. Such a planned unit is to be designed and
organized sol as to be capable of satisfactory use and operation as a separate entity
mproperty
necessarily needingthe
functiontas astion of neighborhoher od. This darticlfe specifically
common es innovations encourages'^^Ovaflons in residential develoet pment so that the growing demands and
far
siting of at all dwelling; and by the sconservation and amore efficient Susi ofeland linnsuch
developments.
Section 460.20 - Objectives
In order to carry out the Intent of this article, a PUD shall achieve the following
objectives: Sot environment, Occupancy tenure, types Of
�. A maximum choice in the typpee
housing, lot sizes and community facilities available to existing and potential Town
residents at. all economic levels;
2. -More usable open space and recreation areas;
3. More convenience in location of accessory commercial aridrah and geologic
service areas;
4. The preservation of trees, outstanding natural topog P Y
features and prevention of soli erosion;
5. An efficient onqld e of cosy sulting in smaller networks of utilities and sheets and
herebywer housing
6. A more desirable environment than would be possible through the strict tip-
lication of other articles of this ordinance.
Section 460.30 • General Requirements
Section 460.31 - Minimum Area
Under normal circumstances, the minimum area requirements to qualify for a
Planned Unit Development District shall be Seventy-five (75) contiguous acres of
land. Where,the applicant can demonstrate that the characteristics of his holdings
will meet the objectives of this arltcte-'the Planning Board may consider projects
with less acreage. -
Section 460.32 • Ownership y
single ,persoof n, or corporal project
bmay rrowupof individuals or corporations. An Ap-
plication must be tiled by the owner orjointly by owners of
property
b Cinduded I alls
project. In the case of multiple ownership, the Appy
owners.
The PUD District shall be applicable to any area of the Town as determined by
Section 460.33 • Location of PUD -District
the Town Board. -
Section 460.34 - Permitted Uses
-Ail
uSuses within arr aria designated as a PUD District are determined by the
provisions of this section and the approval of the project concerned. In developing a
1. Residential Uses: Residences may be of any variety Of types.
balanced community, the use of a variety of housing types and densities shall
deemed most in keeping with this article. The developer shall meet as broad a
range of these needs aspossible. VI
2• Accessory Commercial, Service and Other Non- Reslderitla1 UNs: Commercial,
-i,..s...,ereYS nrcorerglfabettie-Yownioard-whichmay havirI t
' been staled in the zoning resolution.
In its review, the Planning Board may consult with the Town Engineer and other
Town and County officials, as well as with representatives of Federal and State
agencies including the Soil Conservation Service and the New York Slate Depart-
ment of Environmental Conservation. The Planning Board will require the exterior
design of all structures be made by, or under the direction Of a registered architect
whose seal shall be affixed to such plans. The Planning Board may also require
such additional provisions and conditions that appear necessary for the public
health, safety and general welfare.
Section 460,53- Action on Preliminary Site Plan Application
Within ninety (90) days of the receipt of the application for preliminary site plan
approval, the Planning Board Shall act on it. If no decision is made within said
ninety -day period, the preliminary site plan shall be considered conditionally ap-
proved. The Planning Board's action shall be in the form of a written statement to
the applicant stating whether or not the preliminary site plan is condit onaily ap-
proved. A copy of the appropriate minutes at the Planning Board shall be a suf-
ficient report.
If the preliminary site plan is disapproved, the PIannIra Board's statement shall
contain the reasons for such findings. In such a case Inc Planning Board may
recommend further study of the site plan and resubmission of the preliminary site
olen to the Planning Board after it has been revised or redesigned.
action 460.54 • Application for Final Detailed Site Plan Approval
!ter receiving conditional approval from the Planning Board on a preliminary
plan, and approval for all necessary permits and curb cuts from state and
-ay officials, the applicant may prepare his final detailed site plan and submit it •
to Planning Board for final approval; except that if more than twelve (12)
,chs has elapsed between the time of the Planning Board's report on the
preliminary site plan and if the Planning Board finds that conditions have changed
Significantly in the interim, the Planning Board may require a resubmission of the
preliminary site plan for further review and possible revision prior to accepting the
proposed final site plan for review.
The final detailed site plan shall conform substantially to the preliminary site
plan that has received preliminary site plan approval. It should incorporate any
revisions or other features that may have been recommended by the Planning
Board ander the Town Board at the preliminary review. All such compliances shall
be clearly indicated by the applicant on the appropriate submission.
Section 460.55 - Action on the Final Detailed Site Plan Application
Within sixty (60) days of the receipt of the application for final site plan approval,
the Planning Board shall render a decision to the applicant and so notify the Town
Board. If no decision is made within thesixty -day period, the final site plan shall be
considered approved.
1. Upon approving an application, the Planning Board shall endorse Its approval
on a copy of the final site plan and shall forward it to the Building Inspector who
may then issue airembuilding permit to the applicant if the project conforms Mall other
ents.
appplicable requ
2Upon disapproving an application, the Planning Board shall so inform me
Building Inspector. The Planning Board shall also notify the applicant and the Town
Board in writing of its decision and its reasons for disapproval. A copy of the ap-
propriate minutes may suffice for this notice.
Section 460.56 - Staging
If the applicant wishes to stage his development, and he has so indicated as per
Section 460.42, then he may submit only those stages he wishes to develop for Site
plan approval In accordance with his staging plan. Any plan which requires more
than twenty-four (24) months to be completed shall be required to be staged; and a
staging plan must be developed. Al no point In residential acreage or the dwelling
unit ratios between the several different housing types for that portion of the PUD
completed and -or under construction differ from that of the PUD as a whole by
mora than twenty percent (20 percent).
Section 460.60.Other Regulations Applicable to Planned Unit Developments
Section 460,61 - Regulation after Initial Construction and Occupancy
For Inc purposes of regulating and development and use of property after initial
;1 4
1
S
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Beatrice Osten of the
Town of Wappinger, Dutcheu County, New Yak,
being duly sworn, says that helis,d tt the several
times hereinafter was, thg4: P..t •t • o•n•:N1:114.5I}VFof
W. & S.I. NEWS. a newspaper printed and published
every Thursday In the year in the Town of Wappinger.
Dutchess County, New York, and that the annexed
NOTICE was duly published in the said newspaper for
...week successively g4nA in each week,
commencing on the... U.tb.. day of. ,
197A and on the following dates thereafter, namely on
and ending on the..26th•.day of...kld..L
19. J,3both days inclusive.
Subscribed and sworn to before me 19.23
this...UI.�b day of. APO.'
My commission expires
Notary Public
ALBERT M. OSTEN
NOTARY PUBLIC, STATE OF NEW YORK
QUALIFIES IN DUTCIIESS COUNVY
#14-8240760• 1E1
COMMISSION EXPIRES MARCH 30, 19.
construction and occupancy, any changes other than use changes thal Ibe processed
as a special permit request to the Planning•Boerd. Use changes shall also be in the 1
form of a request for special permit excepr that Town Board approval shall also be
required. It shall be noted, however, that properties lying in Planned Unit
Development Districts are unique and shall be so considered by the Planning Board
or Town Board when evaluating these requests; and maintenance of the intent and
function of thelanned unit shall be of primary importance.
Section 460.62 - Site Plan Review
Site Plan Review under the provisions of this article shall suffice for Planning
Board review of subdivisions under Town Subdivision Regulations, subject to the
following canditlons:
1, Thedevaloper shall prepare sets of subdivision plats suitable for filing with the '
Office of the County Clerk in addition to those drawings required above.
2. The developer shall plat the entire development as a subdivision; however,
PUD's being developed In stages may be platted and filed in the same stages.
3" Final siteplanapproval shall constitute final lot approval under Inc Townn
Inutile plat be filed with the Cand ounty Clerk wroviSions of ithin ni ninety 190) days of an 6 of the Town pprovw al shall
tipply.
Section 460.70 • Financial Responsibility
No building permits shall be (cued for, construction within a PUD District until
improvements are installed or performance bond posted in accordance with the
same procedures as provided for in Section 277 of the Town Law relating t0 sub-
divisions.
SECTION 11. Section 300 of the Zoning Ordinance is hereby amended by adding
the followingdistrict:' -
PUD - Panned Unit Development'
SECTION ,II. This Ordinance shall take effect upon adoption, posting, and
publication as provided by Town law.
Seconded by: Councilman Clausen -
S ayes
Introduced April 9; 1973
TOWN 'BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
OF
AFFIDAVIT OF
POSTING
t
AN ORDINANCON PROPOSED
PLANNED UNIT DEVELOPMENT (PUD)
STATE OF.NEW YORK )
COUNTY OF DUTCHESS )
says:
S:
ELAINE H. SNOWDEN, being duly sworn, deposes and
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 April 23, 1973, your deponent posted a
copy of the attached notice of Public Hearing on the
Ordinance on Proposed Planned Unit Development, on the
signboard maintained by your deponent, in her office in
the Town Hall of the Town of Wappinger, Mill Street, in
the Village of Wappingers Falls, -'Town of Wappinger,
Dutchess County, New York.
Sworn to before me this
day of /77/4i
>17
Notary Public
ROBERT W. MONTROSS
NOTARY PUBLIC, STATE OF NEW YONN
RESIDING IN DUTLHESS COUNTY
COMMISSION EXHRES MARCH 30,19.4
• 1973.
Elaine H. Snowden
Town Clerk
Town of Wappinger