2013-2572013-257
Resolution Adopting Local Law of 2013 Which Would Amend Chapter 240, Zoning,
of the Town Code with Respect to Boadinghouses and Rooming Houses
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
November 12, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Barbara Gutzler
Councilmembers - William H. Beale
Vincent F. Bettina
Ismay Czarniecki(Arrived at 7:32 PM)
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
William H. Beale.
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Wappinger introducing a proposed Local Law entitled "Local Law #_ of 2013, for the Purpose
of Amending Chapter 240, Zoning, of the Town Code with Respect to Boardinghouses and
Rooming Houses" for consideration of adoption by the Town Board; and
WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News, the
official newspaper of the Town, and the Poughkeepsie Journal; and
WHEREAS, a Public Hearing was held on October 28, 2013 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof; and
WHEREAS, for the purpose of Article 8 of the Environmental Conservation Law, Part 617
NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Wappinger Environmental Quality Review Law (WEQR) which establishes locally designated
Type I actions), the Proposed Action is the adoption of the proposed Local Law as well as Special
Permit and Site Plan Approvals of an existing boardinghouse; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I action
pursuant to SEQRA and WEQR; and
WHEREAS, after performing a designation of Lead Agency procedure in accordance with
SEQRA, the Planning Board became the Lead Agency for this action; and
WHEREAS, after considering the potential environmental impacts with respect to the
Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration, thereby
fording that the Proposed Action will have no significant adverse impacts upon the environment,
and thereby ending the SEQRA process with respect to this matter; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds
that it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days, exclusive of Sunday, prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set
forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby adopts Local Law _ of 2013, a
copy of which is attached hereto and made a part of this Resolution; except as
specifically modified by the amendments contained therein, the Town Code, as
originally adopted and amended from time to time thereafter, is to remain in full
force and effect.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and to give due notice of the
adoption of said Local Law to the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
11/12/2013
The Resolution is hereby duly d aced adopted.
MIC L J. LEO ,TOWN CLERK
~ FREDERICK P. CLARK ASSOCIATES, INC.
PLANNING, TRANSPORTATION, ENVIRONMENT AND DEVELOPMENT
RYE, NEW YORK FAIRFIELD, CONNECTICLR
MEMORANDUM
DAVID H. STOLMAN
Ica, PP
PRESIDENT
To: Supervisor Barbara Gutzler and the Wappinger Town Board
'MICHAEL A GALANTE
ExecuTn~E
Date: November 4, 2013
VICE PRESIDENT
ss° n1EO.FREMDAVE. Subject: Local Law re: Boardinghouses and Rooming Houses
RYE, NEW YORK 1°580
914 967-654°
FAX:. 914 467.6615
CONNECTICUT At your request, we have prepared the attached following documents for
2°~ x55-31°° your review:
HUDSON VALLEY
845 2476°56 Revised Local Law (one clean copy and one redlined/strikeout
LONG ISLAND CppY)•
516 36a-a544
+~•~~~*-t°"' I look forward to discussing the attached documents with you.
emalt+Nfptlark.c0m
David H. Stolman, AICP, PP
President
Attachments
cc: Graham Foster
Christine Fulton
Robert J. Gray, PE
Michael J. Leonard
Barbara Roberti
Albert P. Roberts, Esq.
j:\docs2\500\wappinger\code amendmts\boardinghouse amends cover.dhs.doc
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No.
of the year 2013
A local law entitled "Local Law # of 2013 for the Purpose of Amending Chapter 240,
Zoning~of the Town Code with Respect to Boardinghouses and Rooming
Houses."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number
each.)
LOCAL LAW # OF THE YEAR 2013
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law #_ of 2013, for the Purpose of
Amending Chapter 240, Zoning, of the Town Code with Respect to Boardinghouses and
Rooming Houses."
Section 2: Lesislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code
with respect to boardinghouses and rooming houses.
Section 3: Zoning Chapter Amendments
1. The following definition in Section 240-5 shall be revised to read as follows:
BOARDINGHOUSE
A building or portion thereof containing three or more sleeping rooms or
efficiency units that are occupied on a nontransient basis for compensation,
whether the compensation is paid directly or indirectly. Notwithstanding the
above, a boardinghouse shall be permitted to have one one-bedroom dwelling
unit for the caretaker of the premises. The term "boardinghouse" shall be
deemed to include rooming house, but not bed-and-breakfast establishment,
inn, motel, hotel, halfway house or multifamily dwelling.
2. The following new definition shall be added to Section 240-5 in its proper
alphabetical order and shall read as follows:
EFFICIENCY UNIT
A small dwelling unit, usually consisting of a single room and a bathroom,
within a boardinghouse or multifamily dwelling.
3. In the Schedule of Use Regulations, Nonresidential Districts, the following
new use shall be added as a Special Permit Use (SPU) in the Highway
Business (HB) zoning district:
Boardinghouse or rooming house (§ 240-81.5)
2
4. Anew Section 240-81.5 shall be added and shall read as follows:
§ 240-81.5 Boardinghouse or rooming house.
A boardinghouse or rooming house shall be subject to the following standards or
restrictions:
A. The boardinghouse shall contain a total of not more than 16,000 square feet
of gross floor area.
B. The minimum area of the lot in the Highway Business (HB) zoning district
shall be one acre.
C. Efficiency units and dwelling units may have a full kitchen consisting of a
sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to
having only a small refrigerator and a microwave. In approving any special
permit for a boardinghouse, the site plan shall specifically indicate the
approved numbers and locations of sleeping rooms, efficiencies, one-
bedroom dwelling unit, kitchen elements, etc.
D. There shall be no more than one sleeping room or efficiency unit for each
1,500 square feet of lot area in the HB zoning district. Notwithstanding the
above, one one-bedroom dwelling unit for the caretaker of the
boardinghouse maybe substituted for a sleeping room or efficiency unit.
E. Each sleeping room or efficiency unit shall contain at least 145 square feet
of gross floor area including a bathroom.
F. Dutchess County Health Department approval of the water and sewer
services shall be required prior to the issuance of any permit.
G. Parking shall be provided as set forth in Article X and as required by the
Planning Board. The Board may require additional landscaping or
screening to buffer parking areas from adjacent uses.
5. Section 240-61 shall be revised to read as follows:
§ 240-61. Guest cottages and caretaker dwellings.
A guest cottage or caretaker dwelling shall be subject to the following standards or
restrictions:
A. The minimum lot area shall be 10 acres.
3
B. Not more than one guest cottage or caretaker dwelling shall be permitted
per lot.
C. Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
D. Each structure shall contain at least 800 square feet of usable floor area.
However, no such structure shall contain in excess of 60% of the gross
floor area of the principal dwelling or 1,800 square feet, whichever is less.
6. In the Schedule of Use Regulations, Residential Districts, the following use
shall be revised to read as follows:
Guest cottages and caretaker dwellings (§ 240-61)
7. In Section 240-97.B the following parking standard shall be revised to read as
follows:
Rooming house or 1 for each dwelling unit, efficiency unit or
boardinghouse sleeping room
Section 4: Ratification, Readoution and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 5: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub-sections of this Local Law may be re-numbered or re-lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
4
Section 6: Separability
The provisions of this Local Law 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 Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law 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 Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\CodeAmendmts2013\boardinghouse amends 10-28-13 clean.dlvs.doc
5
Draft: 10-28-13
LOCAL LAW # OF THE YEAR 2013
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Sect_ ion 1: Title
This Local Law shall be known and cited as "Local Law #_ of 2013, for the Purpose of
Amending Chapter 240, Zoning, of the Town Code with Respect to Boardinghouses and
Rooming Houses."
Section 2: LeEislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code
with respect to boardinghouses and rooming houses.
Section 3: Zoning Chanter Amendments
1. The following definition in Section 240-5 shall be revised to read as follows:
BOARDINGHOUSE
A building or portion thereof containing three or more ~ eenin~ rooms ~
'+~ + ~ '+ 1;A~ ~ ~~'~+~ that are occu ied on a nontransient
efficiencv units ~-- ~~~---~--~~ p
basis for ompensation, whether the compensation is
paid directly or indirectly. Notwithstanding the above a b r in~house shall
hP „P,m,;rtPC~ to have one one bedroo d~x~ellin~ unit for t e caret er o e
~emis~s.-The term "boardinghouse" shall be deemed to include rooming
house, but not bed-and-breakfast establishment, motel, hotel~_wav
house or multifamily dwelling.
2. The following new definition shall be added to Section 240-5 in its proper
alphabetical order and shall read as follows:
EFFICIENCY UNIT
A small dwelling unit, usually consisting of a single room and a bathroom,
within a boardinghouse or multifamily dwelling.
3, In the Schedule of Use Regulations, Nonresidential Districts, the following
new use shall be added as a Special Permit Use (SPU) in the Highway
Business (HB) zoning district:
Boardinghouse or rooming house (§ 240-81.5)
4. Anew Section 240-81.5 shall be added and shall read as follows:
§ 240-81.5 Boardinghouse or rooming house.
A boardinghouse or rooming house shall be subject to the following standards or
restrictions: .
A. The boardinghouse shall contain a total of not more than 16,000 square feet
of gross floor area.
B. The minimum area of the lot in the Highway Business (HB) zoning district
shall be one acre.
C. Efficiency units and dwelling units may have a full kitchen consisting of a
sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to
having only a small refrigerator and a microwave. In approving any special
permit for a boardinghouse, the site plan shall specifically indicate the
approved numbers and locations of sleeping rooms, efficiencies, one-
bedroom dwelling unit, kitchen elements, etc.
D. There shall be no more than one sleeping room or efficiency unit for each
1,500 square feet of lot area in the HB zoning district. Notwithstanding the
above, one one-bedroom dwelling unit for the caretaker of the
boardinghouse may be substituted for a sleeping room or efficiency unit.
E. Each sleeping room or efficiency unit shall contain at least 145 square feet
of gross floor area including a bathroom.
F. Dutchess County Health Department approval of the water and sewer
services shall be required prior to the issuance of any permit.
G. Parking shall be provided as set forth in Article X and as required by the
Planning Board. The Board may require additional landscaping or
screening to buffer parking areas from adjacent uses.
2
5. Section 240-61 shall be revised to read as follows:
§ 240-61. Guest ~ and caretaker dwellings.
A guest cottage or caretaker dwelling shall be subject to the following standards or
restrictions:
A. The minimum lot area shall be 10 acres.
B. Not more than one guest ~~keose or caretaker llin edge shall be
permitted per lot.
C. Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
D. Each structure shall contain at least 800 square feet of usable floor area.
However, no such structure shall contain in excess of 60% of the gross
floor area of the principal dwelling or 1,800 square feet, whichever is less.
6. In the Schedule of Use Regulations, Residential Districts, the following use
shall be revised to read as follows:
Guest ~13e~ses and caretaker dwellings (§ 240-61)
7. In Section 240-97.B the following parking standard shall be revised to read as
follows:
Rooming houseer-s or 1 for each ~x~ellina unit. efficiency unit or~est
boardin h ers sleeping room, ~'•~~ ' ~ ~ ° ~'' ~°~'''°~'~"'' "?n
Section 4: Ratification, Readontion and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 5: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub-sections of this Local Law may be re-numbered or re-lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
3
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the Code affected thereby.
Section 6: Separability
The provisions of this Local Law 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 Local Law or their application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law 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 Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
J:\DOCS2\500\Wappinger\CodeAmendmts2013\boazdinghouse amends 10-28-13.dhs.doc
4