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1992-08-24
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Dutchess
County
Planning
Department
WI1llam R. Steinhaus
County Executive
Roger p, Akeley
Planning Commissioner
27 High Street
Poughkeepsie
New York
12601
(914) 485-9681
Fax (914) 485-9691
RECEIVED
AUG 2 6 1992
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4G 2 h 91
ELAINE SNO'l.'DEN
TOWN CLERK
August 24, 1992
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To: Town Board, Town of Wappinger
Re: Referral: 92-331, Kellard/Federico Rezoning
Parcel: 6157-01-240641 (Capolino NYS 90)
The Dutchess County Department of Planning has reviewed
the subject referral within the framework of General
Municipal Law (Article 12B, Sections 239-1 and 239-m).
After considering the proposed action in the context of
countywide and intermunicipal factors, the Department
finds that the Board's decision involves a1matter of
some concern.
Action
The applicant seeks a rezoning of 48 acres with frontage
on Myers Corners and Old Hopewell roads and NYS 90. The
proposed zoning is r-20/40; the proposed zone is RMF-3.
Comments
The Department has.no objection to the idea of rezoning
this property for multi-family use. The provision of more
affordable housing and multi-family housing near the
Village of Wappingers Falls is one of the goals of the
town comprehensive plan. However, the Department is
concerned about the environmental limitations on this
particular site. The Hunter Creek floodway and floodplain
bisect the' property, leaving large sections of it
undevelopable.
The application mentions a target figure of 144 units
under the proposed zoning. Although no development site
plan was submitted for discussion, the application also
states that two of seven proposed buildings and
significant parts of the road system and parking areas
would be within the 100~year floodplain. Directions:
The Plan for Dutchess County recommends the prohibition
of floodplain filling and interference with natural
flood management systems. This is also consistent with
town policies established in the Comprehensive Plan.
Therefore, we urge the Town Board to remind the
applicant that a proposal to fill to make room for
units and roads within the floodplain is not likely to
be acceptable and that the overall unit count for the
property may, consequently, be considerably less than 144.
Page 2
Ref: 92-331
Although these design issues will be addressed fully at the
site plan stage, we suggest that the Town Board reiterate
town policy on floodplain protection in its rezoning
decision to prevent any misunderstanding.
Recommendation
The Department recommends that the Board base its decision
on its own study of the facts. The Department suggests that
the Board rezone the property for multi-family use with the
explicit written proviso that the rezoning does not imply
any approval of encroachment on the floodplain or floodway.
Roger P. Akeley, Commissioner
Dutchess County Department of Planning
By _:J/II j1 ~
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Holly L. Thomas
Senior Planner
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