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1992-08-24 '. IIJ I .c u ! a 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 .~C[ 4G 2 h 91 ELAINE SNO'l.'DEN TOWN CLERK August 24, 1992 lUil. .. 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 ~ ~~:t{I7~ Holly L. Thomas Senior Planner HLT/kf