1968-09-26 SPM192
A Public Hearing on an amendment to the Town Of Wappinger Zoning
Ordinance was held Sept. 26, 1968 at 8:00 P.M. at the Town Hall,
Mill St. Wappingers Falls, N.Y.
Supervisor Diehl opened the Public Hearing at 8:03 P.M.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Leonce Heady, Councilman
James Mills, Jr. Councilman
The Clerk offered the Affidavit of Publication in the W&SD News,
signed by Beatrice Osten, co -publisher -editor and duly notarized;
and the Affidavit of Posting duly notarized, of the following
notice:
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the Town Hall, Mill
Street, Wappingers Falls, New York, on September 26, 1968, at
8:00 o'clock P.M., to hear all persons concerning an ordinance
amending the Zoning Ordinance of the Town of Wappinger.
s/ Elaine H. Snowden
Town Clerk
The following ordinance was introduced by COUNCILMAN FINNAN
who moved its adoption:
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
\
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BE IT RESOLVED AND ORDAINED by the Town Board of the Town of
Wappinger, Dutchess County, New York, pursuant to the authority
conferred by Article 16 of the Town Law of the State of New York
and also pursuant to Article 9 of the Town Law, to the extent
applicable, as follows:
The Town of Wappinger Zoning Ordinance adopted January 29,
1963, as amended, is hereby further amended as follows:
Section 1: Section 416.031 is hereby amended to read as
follows:
"Section 416.031: A building or structure, the use of which
does not conform to the use regulations for the district in which
it is situated, shall not be enlarged or extended unless the use
therein is changed to a conforming use; except as permitted by
the Zoning Board of Appeals as provided in Section 544."
Section 2: Section 544 is hereby amended to read as follows:
"Section 544. Variance or adjustment.
Section 544.1 Where the strict application of any of the
o'
193
requirements of the Ordinance in the case of an exceptionally
irregular, narrow, shallow or steep lot, or other exceptional
physical conditions, as a result of which strict application
would result in practical difficulty or unnecessary hardship
that would deprivetheowner of the reasonable use of land or
building involved, and in such other instances as provided in
this Ordinance, but in no other case, the Zoning Board of Appeals
shall have the power, upon appeal, to vary or adjust the strict
application -of the regulations or provisions of this Ordinance.
Section 544.1.1 In the case of an existing legally non-
conforming use in a residential area, the Zoning Board of Appeals
shall have the power, upon appeal, to permit an existing non-
conforming use to expand the size of the building or structure or
enlarge the building/or structure provided that:
a) The existing use is a permitted use in the Local Business
(LB) district, as defined in the Zoning Ordinance.
b) The use meets or is made to meet the Local Business (LB)
district standards, as defined in Section 424, and the proposed
extension shall not further violate the yard or lot requirement
of such district, except that the front yard requirement may be
waived by the Zoning Board of Appeals.
c) The use is of a building or structure only, and any
activity in relation to the use is to be conducted solely within
the building or structure.
d) The proposed expansion is no greater than 50% of the
square footage on the ground floor as the building or structure
existed as of the time the building or structure became non -con-
forming.
e) Any non -conforming use so permitted shall require site
plan approval in accordance with Section 440.
Section 3. This amendment shall take effect immediately
upon adoption, posting and publication as prescribed by Town Law.
Seconded by: Louis Clausen, Councilman
Roll Call Vote;
Louis Diehl, Supervisor Aye
Louis Clausen, Councilman Aye
G.Donald Finnan, Councilman Aye
Leonce Heady, Councilman Aye
James Mills, Jr. Councilman Aye
Recommendations were received from the Town of Wappinger Planning
Board and the Dutchess County Planning Board.
Supervisor Diehl asked if there were any persons present who
wished to be heard in favor of the Zoning Amendment.
There were none.
Supervisor Diehl asked if there were any persons present who
wished to be heard in opposition to the Zoning Amendment.
There were none.
194
The Supervisor stated that he had received a phone call from Mr.
Harold Myers of the Wappingers Falls Chamber of Commerce saying
that their Board was in favor of the Ordinance.
Supervisor Diehl closed the Hearing at 8:10 P.M.
Elaine H. Snowden
Town Clerk
195'
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NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of
Wappinger will conduct a public hearing at the T ^ a "i; Str
Wappingers Falls, New York, on September 26, :. ;,, .,t 3:03
P.M., to hear all persons concerning an ordic.. ;ca an -k., -,ding ..,a
Zoning Ordinance of the Town of Wappingor.
SEAL
Elaine H. Snow
Town ♦.ems:M1
AN ORDINANCE AMEND:NC. THE -': MIN
ORDINANCE OF THE
BE IT RESOLVED AND
Tov,in of Wrpningc , .^au: Coo.
authority' Cot ed b;' A.'::::y.-
New Yor' .nd else
extent appii b.a,..;?ows:
The Town o:
29,1903, a, amends: is c3y
£scticn 1: S1 Sion 4i .
'Section 415.031 A
not conform to tr..3 uw:., , .,. , rt
Lit-J.:tad, shint not be
charu-ed to cor ormi:.5 r .3;
Burd of Apreais as provide- in __cti;.::
Section 2: tion 544 is n a.,
"Section 544. Variance or ,-....!.;u:Zn.Dnt.
Soction 544.1 Vic,- :3 ii;" +.,�.. c+ +y
requirements of .a Or trio. ic; ,;n cN.
irregular, narrow, silellow o: Pox, or c.:,a-5 iz .
conditions, as a result
practical difficulty or a ary hi o.5d do r a
owner of the reasonzbic c a of la.: bui;c'cg Invoivoc,,
other instances as provided in -h.'_ .�..ner.:c, but in nc
the Zoning Board of Appel:is. s:'baa have the power, upon
vary or adjust the strict application of the regurations or provision: of
this Ordinance.
Section 544.1.1 In the ccse. of an existing legally non -conforming
use In a residential area, the Zoning Boars of Appeals shall have the
power, upon appeal, to pc-rm.:: an existi:sg non -conforming use to
expand the size of the building or structure or enlarge tho building /or
structure providst
a) The existing u:o is permitted use in the Local Businc"s: (LE;)
district, as defined in VI, 2.anin;
b) The use meets or i; mac: to _ _tthe Local
district standards, as d3finad In S: .- -24, and the prem,_ -.
e> ter.;ion shall not fur• -:r violote the iot equirement of
district oxcept that the `rout yard rc ,. _.., nt may bo waived by tho
Zcning 3oard of Appeals.
c) The use is a building or structure only, and any activity in
relation to the use is to be conducted solely within the buildir.g or
structure.
d) Tho proposed expansion is no grater than i 50% of the square
footage on tde ground floor as the b::ii0ing or structure existed as of
the time the building or structure becams non -conforming.
e) Any non -conforming use so pr r:.i :ed shag require site plan
approval In accordance with Section 443. -
Section 3. This amendment she.; take effect immediately upon
adoption, posting and publication es ascribed by Town Law.
Dated: Introduced July 29,1968,
Sp2ciai Meeting
ir.t..-cducad by: Councilman Finnan
Seconded by: Councilman Clausen
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196
WAIVER OF NOTICE OF SPECIAL
MEETING OF THE TOWN BOARD OF
THE TOWN OF WAPPINGER,
DUTCHESS COUNTY, NEW YORK
The undersigned, being all of the members of the Town Board of the Town
of Wappinger, Dutchess County, New York, do hereby waive notice of the time
and place of the holding of a special meeting of said Town Board, and do
hereby agree and consent that the same be held on the 26th day of Sept.
1968, at 8:30 o'clock in the afternoon of that day at the Town Hall of
the Town of Wappinger, Mill Street, in the Village of Wappingers Falls,
Town of Wappinger, Dutchess County, New York, for the transaction of all
business which may properly come before the meeting or any adjournment
thereof.
Due and timely notice of the above memtioned meeting is hereby admitted.
Town Clerk
Town of Wappinger
A Special Meeting of the Town Board of the Town of Wappinger on
Sept. 26, 1968, was called to order by Supervisor Diehl at 8:30 PM
All Board members being present and signing the above waiver, each
for himself.
Others Present:
Allan Rappleyea, Attorney to the Town
Rudolph Lapar, Engineer to the Town
The following motion was made by COUNCILMAN CLAUSEN:
WHEREAS, the Town Board has received the Dutchess County
Planning Board report dated Aug. 23, 1968, regarding the proposed
change in the Town of Wappinger Zoning Ordinance concerning non-
conforming uses, and
WHEREAS, the Town Board believes that the proposed change
should be limited to those structures in residential areas which
can conform to the LB uses and
197
WHEREAS, there is provided substantial protection by requiring
the review by the Zoning Board of Appeals and the Town Planning
Board and
WHEREAS, the Town of Wappinger Planning Board has by letter
dated Aug. 9, 1968, reported its decision which favors the adoption
of such an ordinance, I, therefore move for the adoption of this
ordinance.
Seconded by: Mr. Finnan
Carried: Sept. 26, 1968
Roll Call Vote:
Louis Diehl, Supervisor Aye
Louis Clausen, Councilman Aye
G.Donald Finnan, Councilman Aye
Leonce Heady, Councilman Aye
James Mills, Jr. Councilman Aye
The Clerk presented the estimated Budgets from all departments for
the preparation of the Town of Wappinger 1969 Budget.
MR. MILLS moved to accept the estimated Budgets. Seconded by Mr.
Heady.
Motion Unaimously Carried
MR. FINNAN moved the meeting be adjourned. Seconded by Mr. Heady.
Motion Unanimously Carried
Meeting adjourned at 8:33 P.M.
Elaine H. Snowden
Town Clerk
r
19$
AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
BE IT RESOLVED AND ORDAINED by the Town Board of the Town
of Wappinger, Dutchess County, New York, pursuant to the authority
conferred by Article 16 of the Town Law of the State of New York
and also pursuant to Article 9 of the Town Law, to the extent
applicable, as follows:
The Town of Wappinger Zoning Ordinance adopted January 29,
1963, as amended, is hereby further amended as follows:
Section 1: Section 416.031 is hereby amended to read as
follows:
"Section 416.031: A building or structure, the use of which
does not conform to the use regulations for the district in which
it is situated, shall not be enlarged or extended unless the use
therein is changed to a conforming use; except as permitted by the
Zoning Board of Appeals as provided in Section 544."
Section 2: Section 544 is hereby amended to read as follows:
"Section 544. Variance or adjustment.
Section 544.1 Where the strict application of any of the
requirements of the Ordinace in the case of an exceptionally
irregular, narrow, shallow or steep lot, or other exceptional
physical conditions, as a result of which strict application would
result in practical difficulty or unnecessary hardship that would
deprive the owner of the reasonable use of land or building involved,
and in such other instances as provided in this Ordinance, but in
no other case, the Zoning Board of Appeals shall have the power,
upon appeal, to vary or adjust the strict application of the regula-
tions or provisions of this Ordinance.
Section 544.1.1 In the case of an existing legally non -conform-
ing use in a residential area, the Zoning Board of Appeals shall
have the power, upon appeal, to permit an existing non -conforming
use to expand the size of the building or structure or enlarge the
building or structure provided that:
19g
a) The existing use is a permitted use in the Local
Business (LB) district, as defined in the Zoning Ordinance.
b) The use meets or is made to meet the Local Business
(LB) district standards, as defined in Section 424, and the
proposed extension shall not further violate the yard or lot
requirement of such district, except that the front yard require-
ment may be waived by the Zoning Board of Appeals.
c) The use is of a building or structure only, and any
activity in relation to the use is to be conducted solely within
the building or structure.
d) The proposed expansion is no greater than 50% of the
square footage on the ground floor as the building or structure
existed as of the time the building or structure became non -con-
forming.
e) Any non -conforming use so permitted shall require site
plan approval in accordance with Section 440.
Section 3. This amendment shall take effect immediately
upon adoption, posting and publication as prescribed by Town Law.
Dated: Introduced July 27, 1968, Special Meeting
Introduced by: Councilman Finnan
Seconded by: Councilman Clausen
Adopted: Sept. 26, 1968