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Untitled• .0 FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Rye, New York and Fairfield, Connecticut 350 Theodore Fremd Avenue Rye, New York 10580 (914) 967-6540 • FAX (914) 967-6615 MEMORANDUM RECEIVED JUL 2 9 2004 TOWN CLERK David H. Stolman, AICP. PP Michael A. Galante Joanne P. Meder, AICP Daniel K. Wery, AICP David J. Portman, FAICP To: Town of Wappinger Planning Board, Zoning Board of Appeals Date: July 28, 2004 Subject: Accessory Apartments — Proposed Amendments At the Town Board's request, we are forwarding to you proposed amendments to the zoning code that would make accessory apartments a permitted accessory use subject to the approval of the Building Inspector. Currently, accessory apartments are a special permit use subject to approval by the Planning Board. In recognition of the routine, straightforward nature of accessory apartment applications, the proposed amendments seek to streamline the review and costs of such applications by placing them under the jurisdiction of the Building Inspector, rather than the Planning Board. A number of requirements pertaining to accessory apartments that are currently modifiable by the Planning Board (§240-53.C) would no longer be modifiable once accessory apartments come under the jurisdiction of the Building Inspector. Relief from the Zoning Board of Appeals would therefore need to be obtained where the Applicant wished to deviate from such requirements. The amendments were informally discussed at the Town Board's 7/26/04 meeting. In the course of the discussion two possible additional amendments to the accessory apartment section of the code were suggested: 1. Possibly increasing the number of bedrooms permitted in an accessory apartment to more than the currently permitted 2 bedrooms. 2. Possibly increasing the number of off-street parking spaces permitted in front of the principle building from 2 spaces to 4 spaces, while maintaining the requirement that no parking spaces are permitted within the minimum front yard setback. Both the maximum number of bedrooms and the maximum number of off-street parking spaces are current standards in the code pertaining to accessory apartments. The Connecticut Hudson Valley Long Island email@fpclark.com (203) 255-3100 (845) 297-6056 (516) 364-4544 www.fpclark.com FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation proposed amendments, as drafted thus far, are limited to placing accessory apartments under the jurisdiction of the Building Inspector, and have not changed any of the existing standards. It may therefore be appropriate at this time to review all standards pertaining to accessory apartments, in addition to those listed above, and incorporate any possible changes to the standards and requirements as part of the amendments. Daniel K. Wery Vice- President/Planning Lawrence K. Bice Associate/Planning Attachments: Redline/strikeout and clean versions of proposed amendments cc: Town Board George Kolb, Building Inspector Mark Lieberman, Fire Inspector Tatiana Lukianoff, Zoning Administrator Joseph E. Paggi, Jr., PE Albert P. Roberts, Esq. Gloria Morse, Town Clerk j:\docs2\500\wappinger\zone amend ments\accessory apts bldg dept\acc.apts.cov.lkb.doc Redline/ Strikeout Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent. nspeeial Perinit may-be-granted—by the Planning Board `^ It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one -family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards. To help achieve these goals and promote the objectives of the Town Comprehensive Plan, the issuanee F„ special permit and the granting of site pla approval by the Planning Board accessory apartments shall be subject to the following requirements in addition to the general o .,l permit standards ^f A..t' 1 N/TT .1 ther-equir-ements of site plan approval of At4iele TY he (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) No more than one accessory apartment shall be permitted on any lot. (c) An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum dross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment. (3) Use. (a) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. (b) The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure. (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate_ secure access to each dwelling unit inside_ the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. (44W Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall be obtained prior to issuance of a speeial per- ,,;+ certificate of occupancy. 04(o Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building inspeeter- shall ct the pFemises and shall rope,-+ en the condition of stfuetures on the pFemises to the Pim ng Bear -d. No peFmit certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected. All eenditions )f the speeial po,mit requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector. (b)(7 Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street narking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front vard setback.The Planning Boafd to ensure eampatibilitywith the use of the lot and adjaeent (7)1 V 1 vm a t _ T making+ deterfmination on the speeial-permit, the Planning Beafd shall also give eensidefa4ien to the ehar-aeter- of the existing and future uses in the immediateyieinity of the proposed r' eeessofy a befit;- fi}eludng the xteFio appear-anee of o family dwellings, I.e of other- aeeessor-y apat4ments existing in the neighbor -hood in r -elation to o family d ellingn, the amountof t.-�F: and the king enditions in the neighborhood? The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. '" ' " 001. • . � Mw7-'- R•MEMO MMI�• s DC. Procedural requirements. In addition to the above requirements, the speeial permit for—an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) rn-addition .o the�nu;-zeq-ea-in-n.b�ele liherein, the The owner -applicant shall present to the Planning Be Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Ping BeardBuilding Inspector to under -stand and decide aeeep*^'a ity of the pfopffsal certify that the requirements pertaining to an accessory apartment have been met. (b) The speeiul permi Certificates of occupancy for accessory apartments shall be are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, thethe-certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety 90) days of the change of ownership the property owner shall apply to the Planning Board Building Inspector for a renewal of permit and shall provide the Planning B Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein. Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have one -hundred and twenty _1120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. (2) Term of permit. (a) The initial permit certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must appear before the Planning Baara apply to the Building Inspector and request for a renewal of such permit. Subsequent thereto, the speeial .,o,.t,,;* certificate of occupancy shall be valid for a period not to exceed three years__, the o et temi to be determined ` y he PlanningBoard upon its issuanee of a al speeial permit. At the end of such period, the owner -applicant shall request the Building Inspector to renew the permit certificate of occupancy or the owner -applicant shall notify the Building Inspector of the owner -applicant's intent to discontinue the-peffnioccupancv=in accordance with the applicable time periods established in § 240- 531)(1)(b) above. The Building Inspector shall renew the permitcertificate of occupancy if all conditions of the original peFmit are still satisfied; otherwise, the Building Inspector shall not renew the peitcertificate of occupancy_ and the time periods established in § 240-531)(1)(b) for discontinuing the accessory apartment shall apply. (b) The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [ 1 ] Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the planning BeafdBuilding Inspector for a renewal of the eeia! porn,;*^ertificate of occupancy in accordance with § 240-531)(1)(b) of the Town of Wappinger Zoning Law. [2] The new owner of the premises shall have to apply to the Planning B Building Inspector for a renewal of the special "'e"`"'it certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner. Md it - 01� - L W M �srf j:\docs2\500\wappinger\zone amendments\accessory apts bldg dept\section 240-53.redline.lkb.doc 10 r j:\docs2\500\wappinger\zone amendments\accessory apts bldg dept\section 240-53.redline.lkb.doc (REDLINE/ STRIKEOUT VERSION) Schedule of Use Regulations — Residential Districts jAdocs2\500\wappmger\zone amendments\accessory apts bldg dept\access_apts.res.useschedule.red] me. lkb.doc R-80 R-40/80 R-40 .R-20/40 R-20 R-15 RMF -3 Uses R-10 R -2F RMF -5 Accessory Apartments (§ 240-53) SOPA jAdocs2\500\wappmger\zone amendments\accessory apts bldg dept\access_apts.res.useschedule.red] me. lkb.doc (CLEAN VERSION) Schedule of Use Regulations — Nonresidential Districts Uses HB MU JHMjNB JGB ICC SC JHOJHD JCOP JAI JPI JPUD Accessory Apartments (§ 240-36.1) PA j:\docs2\500\wappinger\zone amendments\accessory apts bldg dept\access_apts.nonres.useschedu le. accept. lkb. doc Clean Version of Proposed Amendments § 240-53. Accessory apartments. A. Legislative intent. It is the specific purpose and intent of this provision to provide the opportunity for the development of small dwelling units designed, in particular, to meet the special housing needs of relatives of families living in the Town of Wappinger. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the Town's existing stock of dwellings, to protect and preserve property values and to maintain the one -family character of the one - family residence districts of the Town of Wappinger without the overutilization of the land. B. Standards. To help achieve these goals and promote the objectives of the Town Comprehensive Plan, accessory apartments shall be subject to the following requirements : (1) Minimum lot area. The minimum lot area shall be 20,000 square feet. (2) Occupancy. (a) The owner of the property upon which the accessory apartment is located shall occupy the principal or accessory dwelling unit on the premises as their primary residence. Further, an occupant of at least one of the dwelling units on the premises shall be the father, mother, son or daughter (including legally adopted), brother, sister, grandparent or grandchild of an occupant of the other dwelling unit on the premises. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. The Building Inspector shall have the authority to require proof of the family relationship mentioned in this subsection during the course of the occupancy of the accessory apartment. (b) No more than one accessory apartment shall be permitted on any lot. (c) An accessory apartment shall be subordinate in area to the principal dwelling and shall be limited to occupancy by a maximum of three persons. The minimum gross floor area for an accessory apartment shall be 300 square feet but in no case shall it exceed 35% of the gross floor area of the building in which it is located. (d) No more than two bedrooms shall be permitted in any accessory apartment. (3) Use. (a) An accessory apartment shall not be permitted on a lot where the dwelling also contains either boarding or a home occupation as an accessory use or a professional home office use. (b) The principal use of the premises must be a detached one -family dwelling. (c) No accessory apartment is permitted in an accessory building or structure. (4) Access. (a) An accessory apartment shall have access which is separate from the other dwelling unit in the building. (b) Both dwelling units shall not be allowed to access the front of the building in which they are located unless there is a separate secure access to each dwelling unit inside the single common front entrance. (c) Outside stairways and fire escapes for the accessory apartment shall be at the rear of the building. (5) Utilities. If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Health Department shall !)e obtained prior to issuance of a certificate of occupancy. (6) Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reaswulble state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. No certificate of occupancy shall be granted by the Building Inspector until all outstanding violations of the Building Code and Zoning Law are corrected. All requirements for accessory apartments must be complied with and shall be subject to inspection by the Building Inspector. (7) Parking. Off-street parking shall be provided in accordance with the standards and requirements of Article X. No more than two off-street parking spaces shall be permitted in front of the principal building. No parking areas shall be located within the minimum front yard setback. (8) The principal building in which the accessory apartment is proposed must continue to appear to be a one -family dwelling. C. Procedural requirements. In addition to the above requirements, an accessory apartment shall be subject to the following conditions and procedures: (1) Required submissions. (a) The owner -applicant shall present to the Building Inspector a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Building Inspector to certify that the requirements pertaining to an accessory apartment have been met. (b) Certificates of occupancy for accessory apartments are issued to the owner(s) of the property. Should there be a change in ownership or a change in the residence of the owner, the certificate of occupancy for the accessory apartment shall be in need of renewal. Should the new owner decide to live in the structure and desire to continue the use of the accessory apartment, within ninety (90) days of the change of ownership the property owner shall apply to the Building Inspector for a renewal and shall provide the Building Inspector with proof of the family relationship stipulated in § 240-53B(2)(a) herein. Should the new owner decide not to live in the structure or not otherwise be able to continue the use of the accessory apartment, the owner shall have one -hundred and twenty (120) days to remove the kitchen of the accessory apartment and to convert the premises into a one -family dwelling unit. (2) Term of permit. (a) The initial certificate of occupancy shall be valid for a period of one year, at which time the owner -applicant must apply to the Building Inspector for a renewal Subsequent thereto, certificate of occupancy shall be valid for a period not to exceed three years. At the end of such period, the owner -applicant shall request the Building Inspector to renew the certificate of occupancy or the owner -applicant shall notify the Building Inspector of the owner - applicant's intent to discontinue occupancy in accordance with the applicable time periods established in § 240-531)(1)(b) above. The Building Inspector shall renew the certificate of occupancy if all conditions of the original are still satisfied; otherwise, the Building Inspector shall not renew the certificate of occupancy and the time periods established in § 240-531)(1)(b) for discontinuing the accessory apartment shall apply. (b) The owner -applicant shall be required to file on the subject property a declaration of covenants at the Dutchess County Clerk's office prior to the issuance of a certificate of occupancy for an accessory apartment. This declaration shall be in favor of the Town of Wappinger and shall state that: [ 1 ] Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Building Inspector for a renewal of the certificate of occupancy in accordance with § 240-531)(1)(b) of the Town of Wappinger Zoning Law. [2] The new owner of the premises shall have to apply to the Building Inspector for a renewal of the certificate of occupancy to continue the accessory apartment. [3] The Building Inspector shall have the right to inspect the premises upon reasonable notice to the owner. jAdocs2\500\wappinger\zone amendments\accessory apts bldg dept\section 240-53.accept2.1kb.doc (CLEAN VERSION) Schedule of Use Regulations — Residential Districts R-80 R-40/80 R-40 R-20/40 R-20 R-15 RMF -3 Uses R-10 R -2F RMF -5 Accessory Apartments (§ 240-36.1) PA j:\docs2\500\wappinger\zone amendments\accessory apts bldg dept\access_apts.res. useschedule.accept. lkb.doc (CLEAN VERSION) Schedule of Use Regulations — Nonresidential Districts Uses JHB IMU HM NB JGB CC ISC HO HD COP JAI JPI JPUD Accessory Apartments (§ 240-36.1) 1 1—� PA j:\docs2\500\wappinger\zone amendments\accessory apts bldg dept\access_apts.nonres.useschedule.accept. lkb.doc VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 GERALD A. VERGILIS* WAPPINGERS FALLS, NEW YORK 12590 OF COUNSEL: KENNETH M. STENGER (845) 298-2000 IRA A. PERGAMEN.' ALBERT P. ROBERTS LEGAL ASSISTANT: LOUIS J. VIGLOTTI FAX (845) 298-2842 AMY E. DECARLO JOAN F. GARRETT** e-mail: VSRPOBestWeb.net POUGHKEEPSIE OFFICE THOMAS R. DAVIS M 276 MAIN M EMANUEL F. SARIS POUGHKEEPSIE, NY 12601 KAREN P. MACNISH \ „` (845) 452-1046 KEVIN T. McDERMOTT �c PINE OFFICE STEVEN K. PATTERSON ( 0 CHURL ST JAY B. RENFRO {� C_R P.O. BOX 21 �1 V PINE PLAINS. NY 12567 •ADN917ED 7D PRAcncE r. `..,t IS (518) 398-9657 IN NY & FLA. supepo W AI,F; , OF ''A TOPRAC ICE -TOWN ADDRESS REPLY TO: ( ) POUGHKEEPSIE NMI'nm () WAPPINGERS ( ) PINE PLAINS July 8, 2004 Tatiana Lukianoff, Zoning Administrator Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 George Kolb, Building Inspector Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Accessory Apartments File No. 12951.0762 Dear Tatiana and George: I am enclosing two forms of Declaration of Covenants and Restrictions for Accessory Apartments, one of which is for new construction. Please advise any comments or suggestions. These Declarations have been prepared in blank and clearly marked "Draft". These documents should unquestionably be prepared by the Applicant's attorney so that the Applicant fully understands the implications of the document. Under no circumstances do I recommend that anyone from your office fill out a blank document for the Applicant and have it notarized. The document should be recorded in the County Clerk's Office after review and approval by me prior to the issuance of a Building Permit and/or Certificate of Occupancy. \\Vsrp03\Common\Wappmger\Town Board\Accessory Apts\070704-TLgk.doe Final 718/04 —Existing Residence DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTIO the _ day of , 2004 by (tune in namaln hereinafter referred to as "DECLARANT", in favor of the T pmae WHEREAS, DEC L the o rtain provM about to be improved, by a resid 10 addres Town of W Dut Co Stat or ch premises ore particul in " a de a part hereof; and RE o 240- ermit to be issued by the Pi in auth 'ze the construction and/or maint of a an d a�econdition to the issuance of a Certificate of Occupancy for suchratio. men/t,'§240-53 provides that the owner/ applicant shall be required to file a Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. 2. Restrictions. [1] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 ofthe Town of Wappinger Zoning Code, and the Special Permit issued to applicant/ property owner shall run to the benefit of the owners herein and said Special Permit shall not run with the land. It is expressly understood that the accessory apartment shall only be used by the class ofpersons identified in Zoning Code §240-53 and subject to the conditions set forth therein. N%Vnp034Co nkW&ppinger\Tnwn Bovd\Acceswry AptsUhclantion -Accessory Apts.doc Final 718104 — Existing Residence [2] Death. Upon the death of the undersigned or the survivor of the undersigned or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as his or her principal residence, the new owner shall apply to the Planning Board for a renewal of the special permit in accord 53D(1)(b) of the Town of Wappinger Zoning Code. [3] Renewal. The new owner of the ises a to appl e Planning Board for a renewal of the special perm' tinue ap t. [4] Inspectio lding r sh ght t ect the premises upon reasonabl ow 3. e d ent ts, restrictions and agreemen tain pr gs or equity against any person or person tin g a above-described covenants, restrictions and agre s, e o o ecover for damages, together with interest, costs and re y' s, in an amount to be fixed by the court having jurisdiction thereof. 4. Invalidation. [1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. IN WITNESS WHEREOF, this DECLARATION has been executed as of the date and year above written. (tune in name) , Declarant (type in name) , Declarant \\Vsp03Wom n\WappinXBATo 6onrd\A a wry Apb\D=1mtion- Acceasory Apb.doc Final 718/04 —Existing Residence ACKNOWLEDGEMENTS STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On 2004, before me, the undersign known to me or proved to me on the basis evi to be the individual whose name is subscribed to the wi ins d ackmow d to me that he executed the same in his capacity, andhis si eon a ins t, the individual, or the person upon behalf of whit ivid cut instrument. r STATE O 20 me, the undersigned, personally appeared e o ved to me on the basis of satisfactory evidence to be the in a e s subscribed to the within instrument and acknowledged to me that e e in her capacity, and that by her signature on the instrum idual, or the person upon behalf of which the individual acted, execute ent. Notary Public \\Very03\Common\WsppinW%Town BowMAcoemmy Aph\D=t=fion . A"c ry Apb.dw Final 7/8/04 –New Construction DECLARATION OF COVENANTS AND RESTRICTIONS FOR ACCESSORY APARTMENT, TOWN OF WAPPINGER This DECLARATION OF COVENANTS AND RESTRICTIO the _ day of 2004 by a in name/n hereinafter referred to as "DECLARANT", in favor of the T purge WHEREAS, DECL the o rtain EF pr about to be improved, by a resid '10 address Town of W Dut Co Stat ork ch premises ore particul in e a part hereof (attach copy of or 1 e or); C 40 uir s a Special Permit to be issued by the Pi and of er to authorize the construction and/or main cc apartment; and AS, DECLARANT is a residential home builder and has contracted with to name o Home Bu3Lejr and (tune in name of Home Buver) —,to construct a residential structure with an accessory apartment constructed for the purposes of providing separate living quarters to a living relative consistent with §240-53 of the Town of Wappinger Zoning Code; and WHEREAS, as a precondition to the issuance of a Certificate of Occupancy for such accessory apartment, §240-53 provides that the owner/ applicant shall be required to file a Declaration of Covenants and Restrictions containing the information set forth below, indexed against the subject property at the Dutchess County Clerk's Office prior to the issuance of a Certificate of Occupancy for an accessory apartment. NOW, THEREFORE, DECLARANT does hereby declare that the real property described in Schedule "A" attached hereto shall be held, sold and conveyed subject to the following covenants, restrictions and agreements: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Declaration as if fully set forth at length herein. \\VsrpW\Comm \WappingeMow Bowd\Accasory ApWDalaradw- Accessory Apu NEW CONSiRUCTIONAw Final 718/04 —New Construction 2. Restrictions. [ 1 ] Parties. The applicants/ property owners shall use the accessory apartment only in accordance with §240-53 of the Town of Wappinger Zoning Code the Special Permit issued to applicant/ property owner shall run to the ben t owners herein and said Special Permit shall not run with the understood that the accessory apartment shall only b ed by s ofperson identified in Zoning Code §240-53 and subjA'tod"itio erei [2] Death. Upo ofed or of undersigned or upon the tr sr u e undersign longer occ mi hi en a new owner allapply to th ar al ofaccordance with §240- [3] aof the premises shall have to apply to the Planning f e f th ial permit to continue the accessory apartment. ��In4wftn. The Building Inspector shall have the right to inspect the pr reasonable notice to the owner. Enforcement. [ 1 ] Procedure. Enforcement of any of the covenants, restrictions and agreements contained herein shall be by proceedings at law or equity against any person or persons violating or attempting to violate the above-described covenants, restrictions and agreements, either to restrain or to recover for damages, together with interest, costs and reasonable attorney's fees, in an amount to be fixed by the court having jurisdiction thereof. 4. Invalidation. [ 1] If any of these covenants, restrictions and agreements are determined to be invalid or unenforceable by judgment or court order, such judgment or order shall in no way affect any other provisions, which shall remain in full force and effect. 5. Home Buyer (Contract Vendee). [ 11 The Home Buyer (Contract Vendee) of the premises, tWe in name of Home Buyer) and (type in name o{Home Buyer) ,join in the execution of this Declaration of Covenants and Restriction as evidence of their AVsrpUjCorrmmn\Wappinr;a\Town Board\Acceswry Apts\Dxlaratiw - Accessory Apts NEW CONSTRUCTIONAw Final 7M04 —New Construction knowledge thereof and their agreement to be bound by all the terms, covenants and conditions contained herein. It is further understood that this Declaration of Covenants and Restrictions will be recorded and indexed against the subject property prior to transfer of title from (type in name o(Declarant�_ to the saida in Home Buyer) and (type in name of Home Buyer) IN WITNESS WHEREOF, this DEC has date and year above written. COUNTY OF DUTCHESS ACKNOWLEDGEMENTS ss: ecutp,p as o 01 1 Declarant OF Contract Vendee Contract Vendee On , 2004, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On , 2004, before me, the undersigned, personally appeared known to me or proved to me on the basis of satisfactory evidence to be the individual whose, name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public \\Vsrp03\Conunon\Wapptnger\To Board\Accuwry Apts\Declaration- Accessory Apt, NEW CONSTRUCTIONAm Final 7/8/04 —New Construction STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) On , 2004, before me, the undersigned, personally appeared known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public WupM\Co�\Wappingm\To Bou"eeeaeory Apla\DaLrtion • Ac ry Apte NEW CONSTRUCTIONAoa June 19th, 1984 Mrs. Wilma. Young 19 Dorothy Heights Road Wappingers Falls, N.Y. 12590 Ree Apartment Conversion in Single Family Homes Dear Mrs. Young: Your letter of June 8, 1984 re the above captioned matter was addressed by the Town Board at their regular meeting held June 18th, 1984. Their discussion related to the Accessory Apartment Amendment to the Zoning ordinance and it was their unanimous opinion that they would not entertain amending the Zoning ordinance to allow this practice other than through the provisions of the Accessory Apartment Ordinance in effect in the Town of Wappinger. if you care to review this amendment, kindly contact our Zoning Administrator, Mrs. Pamela Farnsworth, at 297-6257 to discuss the provisions and requirements outlined in it. Yours truly, Elaine H. Snowden Town Clerk gr Ms. Elaine H. Snowden, Town Clerk June 8, 1984 RECEIVED P.O. Box 324 UUN 12 1984 Wappingers Falls, N.Y., 12590 E Dear Ms. Snowden: ELAINE H. SNOWDEN 1 am writing to ask you to give consideration to amending, the present Town if Wappinger Zoning Code in a manner similiar to the way the Town of Hyde Park has done, regarding the potential to convert a one family to a. two family home, under certain conditions. (see attached ). in the normal course of events, families move into a neighborhood, and if they are fortunate, sett.ie in and put down roots. Neighborhood su ;)crt systems develo' e over the year;. But the children grovh, up and, leap e hopne, and the parents find they-Mselves v. r h homes larger than the'v reed, and with rising costs of utilities and maintenance, often more than They can afford. On the other hand, young people, looking for housing that they can afford, find that housing is both scarce and expensive. The zoning code amendment as passed by Hyde Park does at :east four important things: it allows older people to stay in their neighboorhood; �t contributes toward releiv:ng the shortage of affordable apartrnenis; older people can have the confort of not living as isolated as they might oto;erw se be; it is an important statement of social values. Restrictive zoning, that limits options and often cause the necessity o moving are traumatic to the individual, disruptive to the neighborhoc." aria destructive to the feeling of community. The balance of young, rr;iddlF-age,{, and older people are skewed into unnatural patterns. The elderly tend to become ghetto-ized, and often end up in nursing homes at an earlier age, reaairing expensive care, when, if they were enabled to remain in their o-,vn homes and neighborhoods, I believe many social needs and values would to served. i believe the Town of Hvde Park Zoning Board showed foresight and sensltiv.t; to reeds of the community as a whole, :r propcsir`g th.s chir)g-- to the Town Code, and that the Town Council and the citizens who supported these changes have done much to enrich the full community. I would that my own Town of Wappinger would see fit to follow suit, in order that 1, and others in my position, might not have to move from tele home that has been lived in for many years. Yours sincerely, Wilma Young 19 Dorothy Heights Fo-.d Wappingers Falls H P606 LEGAL NOTICE RES. No: 1. At a Regular Meeting of the Town Council of the Town of Hyde Park, Dut- chess County, New York, held at the Town Hall in said Town, on the 12th day ofApril, 1982 at 8 p.m, o'clock, EST, the following resolution was moved for adoption. WHEREAS, on the 22nd day of March, 1982, a Public Hearing was held In the Town Hall of the Town of Hyde Park at 7:30 p.m. pursuant to notice duly given, to con- sider the amendment of the Town ZoningOr- dinance to permit te use of part of a one -family dwelling as an accessory apartment; and WHEREAS, at said hearing the public was given the opportunity to comment on said pro- posed resolution; and WHEREAS, a substan. tial majority of those pre- sent spoke in favor of lif.w/147C�o ,.; l r6./•t �.. Cwt"71.�tv�in% HYDEPARK such amendment; and WHEREAS, the Town Council has received a referral from the Dut- chess County Dept, of Planning re: this resolu- tion and, WHEREAS, the Town Council believes that the , enactment of this amend- ment will benefit the Town by providing new lower cost rental housing and, at the same time, permit older citizens who own large houses to have a source of income to help pay the costs of maintain- ing their houses. NOW, THEREFORE, BE IT RESOLVED that Chapter 108 of the Hyde Park Code entitled "Zon- ing" is hereby amended to include the following: (a) A new subdivision shall be added to the following sections, to wit; Section 108-8 D. (19); 108-9 D. (19); 108-10 D. (15); 108-i1 D (6); and 108-12 D. (6) as follows: One apartment within a one -family dwelling in ac- cordance with the re - j quirements of Section 108.7 (J). (b) The following paragraph shall be added to the sections indicated, to wit: Section 108-13 D. (1) and 108-14 D. (1), as follows: D. Special permitted uses. Site plan review and approval are required for the following special per- mitted uses: 1) One apartment within a one -family dwell- ing in accordance with the requirements of Sec- tion 108-7 (J). (c) Article 2, Defini- tions, Section 108-2 (B) is hereby amended to add the following definitions: Apartment: A separate dwelling unit, in con- formity with the re- quirements of Section 108-7 (J), in a building that otherwise would con. stitute a one -family dwelling. Floor Area: The sum of the gross horizontal area of the several floors of the building or buildings, measured to the exterior of the outside walls of such buildings, but not to include attached or built- in garages, porches or terraces (unless such spaces are to be con- verted into living spaces in order to create the apartment) or floor area having a clear head room of less than 7 feet. (d) Article 4, General Regulations, Section 108-7, applicability of ex- ceptions, additions and modifications, be amended to add the following sub -section „J„ J. Apartment Within One -Family Dwelling: Two of the reasons for allowing an apartment within a one -family dwell •; Ing are: (1) to make it" financially possible for homeowners to stay in their homes despite rising property taxes, heating bills, and maintenance costs, and. (2) to increase the diversity of the Town's housing stock in terms of price and availability of rental units, thus helping meet local housing needs and a share of regional needs, without significantly af- fecting the character of the Town. A special permit is re- quired to create an apart- ment within a one -family dwelling, subject to the following provisions: (1) The apartment shall be clearly subordiante to the one -family dwelling. (2) The number of bedrooms in the apart- ment shall not be more than two. (3) The floor area of the apartment shall be greater than 400 square feet. (5) The apartment and one -family dwelling must have safe and proper means of entrance, clear- ly marked for the purpose of fire safety and mail service. (6) If the water supply is from a private source, the applicant shall certify that the water supply is potable and of adequate flow. This certification is in addition to, and not in lieu of, the testing by and approval of the Dutchess County Health Depart- ment that is required E to the Issuance of a building permit. Such County Health Depart- ment testing shall be done at least once each year thereafter. Failure to conduct these tests or failure to correct prompt- ly any water quality pro- blems, shall result in the revocation of the special permit. (7) The applicant shall certify that the sewage disposal system is ade- quate for the two units. Failure to correct promp- tly any sewage system problem shall result in revocation of the special permit. (8) No special permit for an apartment shall be granted in any case where the County Health Department has deter- mined that the water or sewage system serving the dwelling or dwellings in question is for any reason not capable of handling the additional demand that would be im. posed upon it in the event the special permit were issued hereunder. (9)The requirement tor the site plan approval for all special permits shall not apply to special per. mits under this section unless the Zoning Board of Appeals directs that a particular application for a special permit hereunder, because of Its complexity or other or unusual special cir- cumstances, must have site plan approval. (10) Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Stairways and fire escapes shall be located on the rear wall in preference to either side wall. In no instance shali a stairway or fire escape be located on any wall fronting on a street. (11) Owner occupancy required. The owner(s) of the one -family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. (12) Any apartment within a one -family dwell - Ing that is in existance at the time of the adoption of this amendment shall be subject to the provisions outlined above. Offered by Councilman Lawlor who moved its adoption, seconded by ,Councilman Reynolds. Motion carried. hV RECEIVED IX V 2 1983 ELAINE H. Stt'OWDEN /��,�?' ;�'��JJ� rpt , a eel c; %/3�� r r /a f �3 October 26th, 1983 Planning Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Ordinance Amending the Zoning Ordinance re Accessory Apartments Dear Board Members: At a Special Meeting of the Town Board held October 24th, 1983, the Board adopted the Ordinance Amending the Zoning Ordinance on Accessory Apartments in the Town of Wappinger. I%Urs truly, Elaine H. Snowden Town Clerk gr CC: Zoning Administrator October 260 1983 Dutchess County Department of Planning 47 Cannon Street Poughkeepsie, N.Y. 12601 Re: Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Accessory Apartments) Referral: 83-239 Dear Sir: AT a Special Meeting of the Town Board of the Town of Wappinger held October 24th, 1983, the Board adopted the Ordinance Amending the Zoning Ordinance (Accessory Apartments). Yours truly, Elaine H. Snowden Town Clerk gr -,q Tax Map Parcel No. All To: Town Board Referral: 83-239, Town of Wappinger Re: Accessory Apartments Amendment RECEIVED OCT 17 1983 ELAINE H. In accordance with the provisions of General Municipal Law (Article 12B, Sections 239-1 and 239-m), the Dutchess County Department of Planning has reviewed subject referral with regard to pertinent inter -community and county -wide considerations. Upon analysis, this Department makes the following findings: The Town of Wappinger is considering an amendment to the Town Zoning Ordinance that provides for accessory apartments in single family housing structures. To provide the maximum use of the existing housing stock, numerous municipalities have enacted regulations to allow accessory apartments. The Town Board is to be commended for addressing this issue and providing the opportunity for an increased use of existing single family structures. The proposed amendment would allow accessory apartments by special permit in single-family residential districts. A number of requirements must be met before a special permit for an accessory apartment can be granted. The proposed amendment includes the following provisions: - one accessory apartment is allowed per lot, - one unit must be owner -occupied, - the special permit is issued for a two year period, - the accessory apartment must be a minimum of 650 square feet and a maximum of 35% of the area of the habitable floor space of the structure, - the two dwelling units must have a combination of not more than five bedrooms, - the minimum lot size shall be 20,000 square feet. - upon change of ownership, the second kitchen must be removed and the house reverts to its original single family status, - the accessory apartment must be occupied by certain relatives of the owner - occupants, - additions to the residence may not increase the building perimeter. Referral 83-239, Town of Wappinger Page 2 Some of these requirements place severe restrictions on the use of the accessory apartment concept. Limiting the rental of the accessory apartment to certain relatives limits the overall use of accessory apartments. Many communities provide for a broader use of accessory apartments by not limiting rentals to relatives. Allowing rentals of accessory apartments to a broader population would increase the housing stock and avoid what could become a problem of regulation. Regulating proof of the relationship of individuals living in a dwelling unit could be very time consuming to Town officials. The provision for tearing out the second kitchen upon change of ownership will result in the loss of a housing unit. This requirement will be costly and defeat a purpose of this amendment; i.e. to help ease the housing shortage. The requirement that structural additions not increase the building perimeter may or may not be appropriate depending on the specific case. In certain instances such a constraint and its lack of flexibility could produce a less desirable structural addition. Construction beyond the building perimeter may be otherwise permitted and may be of higher quality than an addition with the proposed restriction. Recommendation In view of the above findings, the Dutchess County Department of Planning makes the following comments: 1. The proposed amendment should be submitted for review to the New York State Department of State attorneys for their input. Such provisions as the requirement of owner -occupancy could be of questionable legality. 2. Consideration should be given to structuring the amendment so that accessory apartments can continue to be used through changes of ownership. This would avoid the tearing out of kitchens and the net loss of a housing unit with each change of ownership. 3. Rental of accessory apartments should not be limited to certain relatives, but should be open to the general population. 4. This Department recommends that the decision on this amendment should be based on local study of the facts and issues, after consideration of the above comments. The Dutchess County Department of Planning does not presume to base its decision on the legalities or illegalities of the facts or procedures enumerated in subject zoning action. Dated: October 13, 1983 Jeffrey L. Churchill, Deputy Commissioner Dutchess County Department of Planning By Senh ord Planner PLANNING BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS. NEW YORK 12390 TEL. 297-6237 October 12th, 1983 RECEIVED (OCT, 12 1983 ELAINE N. SNOWDEN Town Board Town of Wappinger Town Hall - Mill Street Wappingers Falls, NY 12590 RE: Accessory Apartments Amendment to the Zoning Ordinance. Dear Board Members: This letter is to advise you that the Planning Board of the Town of Wappinger has no objections to the proposed amendment to the Zoning Ordinance. Thank you for your consideration. Respectfully yours, i Mrs.) tty-Ann Russ, Secretary Town Wappinger Planning Board br cc: Elaine H. Snowden, Town Clerk SUPERVISOR LOUIS D. DIEHL TOWN OF WAPPINGER TOWN CLERK'S OFFICE MILL STREET P. O. BOX 324 WAPPINGERS FALLS, N. Y. 12590-0324 ELAINE H. SNOWDEN TOWN CLERK TOWN COUNCIL NICHOLAS S. JOHNSON GERARD J. McCLUSKEY BERNICE R. MILLS FRANCIS J. VERSACE September 14, 1983 TOWN OF EAST FISHKILL TOWN OF FISHKILL TOWN OF LAGRANGE TOWN OF POUGHKEEPSIE VILLAGE OF WAPPINGERS FALLS TOWN OF NEWBURGH 2O-26 Union Ave. Extension, Newburgh N.Y. 12550 ORANGE COUNTY LEGISLATURE -Orange County Goverment Center, Main St, Goshen 10924 CLERK, DUTCHESS COUNTY LEGISLATURE NOTICE IS HEREBY GIVEN, pursuant to Section 264 of the Town Law, that a Public Hearing will be held by the Town Board of the Town of Wappinger on Monday, September 26th, 1983 at 6:50 P.M., EDT, at the Town Hall, Mill Street, Village of Wappingers Falls, New York, on an Ordinance Amending the Zoning Ordinance of the Town of Wappinger (Accessory Apartments), copy of which is herewith enclosed. All those persons interested are invited to attend said hearing. ELAINE H. SNOWDEN TOWN CLERK TOWN OF WAPPINGER TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------------------------ IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER (ACCESSORY APARTMENTS) ------------------------------------ STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING 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 September 13th, 1983, your deponent posted a copy of the attached notice of Public Hearing on an Amendment to the Zoning Ordinance of the Town of Wappinger, on the i signboard maintained by your deponent in her office in the September 14, 1983 Planning Board Town of Wappinger Mill Street Wappingers Falls, N.Y. 12590 Re: Ordinance Amending Zoning Ordinance (Accessory Apts.) Dear Board Members: The enclosed Amendment to the Zoning Ordinance was introduced at the regular meeting of the Town Board held September 12th, 1983. This has been referred to your Board for review and recommendation pursuant to Section 239m of General Municipal Law. A Public Hearing has been set for Monday, September 26th, 1983 at 6:50 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all persons concerning this Ordinance. Yours very truly, Elaine H. Snowden Town Clerk gr enc 1. September 14, 1983 Mr, Kenneth Toole, Commissioner Dutchess County Department of Planning 47 Cannon Street Poughkeepsie, N.Y. 12601 Re: Amendment to Zoning Ordinance Town of Wappinger (Accessory Apartments) Dear Mr. Toole: The enclosed Amendment to the Zoning Ordinance was introduced at the regular meeting of the TownBBoard of the Town of Wappinger held September 12th, 1983. This Amendment has been referred to your Department for review and recommendation pursuant to Section 239m of General Municipal Law. A Public Hearing has been set for Monday, September 26th, 1983 at 6:50 P.M. at the Town Hall, Mill Street, Wappingers Falls, New York, to hear all persons concerning this Ordinance. Yours very truly, Elaine H. Snowden Town Clerk gr encl.