Loading...
08/27/1990RESOLUTION At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York, in the said Township, on the 27th day of August, 1990, at 7:30 o'clock P.M., there were: Present: Supervisor Constance Smith Councilmen Victor Fanuele Robert Valdati Joseph Incoronato June Visconti Absent: None The following resolution was offered by Councilwoman Visconti and seconded by Councilman Fanuele WHEREAS, the Town Board of the Town of Wappinger has heretofore appointed a Comprehensive Planning Committee to review the Zoning Ordinance of the Town of Wappinger, originally adopted on the 9th day of July, 1979 and readopted on the 11th day of March, 1980, and amended from time to time thereafter, for the purpose of proposing and/or recommending changes, modifications or revisions to said Zoning Ordinance consistent with contemporary land use procedures and practices and to properly control land use, development and growth in the Town of Wappinger; and WHEREAS, the Town of Wappinger retained Raymond H. Arnold, of 3465 Curry Street, Yorktown Heights, New York, 10598, Land Planner and Development Consultant, to assist the Comprehensive Planning Committee and the Town Board in reviewing the existing Zoning Ordinance and propose any changes, modifications, alterations or revisions deemed appropriate; and WHEREAS, the said Raymond H. Arnold has drafted proposed changes, amendments and revisions to the Zoning Ordinance and the Zoning Map of the Town of Wappinger in the form annexed hereto; and WHEREAS, the Town Board has determined it to be in the public interest to make the changes, amendments and revisions to the Zoning Ordinance and Zoning Map of the Town of Wappinger; and WHEREAS, the proposed amendments to the Zoning Ordinance and Zoning Map are deemed a Type I action pursuant to 6NYCRR Part 617.12 and pursuant to Section 20(e) of Local Law No. 2 of 1977 entitled "Environmental Quality Review", adopted by the Town of Wappinger on the 28th day of March, 1977; and WHEREAS, and Section 20(e) requires the preparation of an Environmental Impact Statement in all Type I actions; and WHEREAS, the Town Board of the Town of Wappinger desires to formally consider the adoption of the proposed amendments in accordance with the procedures set forth in the Town Law, General Municipal Law, Environmental Conservation Law and Municipal Home Rule Law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for consideration of its adoption the proposed changes, amendments and revisions to certain enumerated sections of the Zoning Ordinance and Zoning Map in the form annexed hereto. Except as specifically modified by the proposed changes, amendments and revisions, the Zoning Ordinance originally adopted on the 9th day of July, 1979 and readopted on the lith day of March, 1980, and as amended thereafter, is to remain in full force and effect and is otherwise to be ratified and confirmed. 2. The Town Board reserves the right to make further modifications to the proposed amendments and Zoning Map dated July 11, 1990, introduced herein, based upon the information and findings developed and determined through the SEQRA process. 3. The Town Board further reserves the right to adopt the proposed changes, amendments and revisions to the Zoning Ordinance and the Zoning Map by either Ordinance or Local Law; 4. The Town Board has reviewed the intended action with respect to the criteria set forth in 6NYCRR, Part 617.11, and with respect to the provisions of Local Law No. 2 of the year 1977, Section 30, and hereby determines that the intended action may create significant adverse impacts on the environment and hereby issues a POSITIVE DETERMINATION OF SIGNIFICANCE for this proj ect . 5. The Town Board hereby determines that the intended action is a Type I action pursuant to 6NYCRR Part 617 and pursuant to Local Law No. 2 of the year 1977, Section 20(e), and as such, requires the preparation of an Environmental Impact Statement; 6. The Town Board hereby determines that it is the only involved agency in this action and hereby declares itself Lead Agency pursuant to Article 8 ECL and the related 6NYCRR, Part 617.6; 7. The Town Board, pursuant to 6NYCRR, Part 617.6 hereby directs the Town Clerk to promptly notify all interested agencies that the Town Board has declared itself to be Lead Agency in this action and that an Environmental Impact Statement is required; 8. The Town Board hereby directs the Town Clerk to prepare, file, publish, distribute and make available the Positive Declaration in accordance with the provisions of 6NYCRR, Part 617.10(b) and Local Law No. 2 of the year 1977, Section 32, in the form adopted herewith,, 9. The Town Board hereby directs Planner Raymond H. Arnold to prepare an appropriate Draft Environmental Impact Statement and a Final Impact Statement in accordance with 6NYCRR, Part 617 and Local Law No. 2 of the year 1977, Sections 40 and 50. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervison Smith voting Ave Councilman Fanuele voting Ave Councilman Incoronato voting Ave Councilwoman Visconti voting Ave Councilman Valdati voting Ave The resolution was thereupon declared duly adopted. Dated: August 27, 1990 Wappingers Falls, New York. ELAINE SNOWDEN, TOWN CLERK TOWN OF WAPPINGER 14.12.6 (2/87)-9c 617.21 Appendix E State Environmental Quality Review POSITIVE DECLARATION - Notice of Intent to Prepare a Draft EIS Determination of Significance Project Number SEOR DateAi?at1Gam, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town Board of the Town of Wappinger , as lead agency, has determined that the proposed action described below may have a significant effect on the environment and that a Draft Environmental Impact Statement will be prepared. Name of Action: Proposed changes to the Zoning Ordinance dated March 10, 1980 SEAR Status: Type I KI Unlisted ❑ Description of Action: To amend the existing Zoning Ordinance dated March 10, 1980, to bring said Ordinance in compliance with the Town of Wappinger Comprehensive Plan adopted August 8, 1988. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) This action covers the entire Town of Wappinger, Dutchess County, New York The following Resolution was introduced by Councilwoman Visconti and seconded by Councilman Fanuele, to wit: RESOLUTION WHEREAS the Town Board of the Town of Wappinger has proposed changes to the its existing Zoning Ordinance and Zoning Map, as set forth in a proposed Local Law Amending the Zoning Ordinance of the Town of Wappinger introduced for adoption at the August 27, 1990 Town Board meeting; and WHEREAS in furtherance of adopting this proposed Local Law, the Town Board has caused to be prepared a Draft Environmental Impact Statement, and has caused a Public Hearing to be held on the Draft Environmental Impact Statement and on the proposed Local Law; and WHEREAS the Town Board has referred the proposed Local Law to the Dutchess County Department of Planning pursuant to Sections 239-1 and 239-m of the General Municipal Law; and WHEREAS the Town Board has adopted a Final Environmental Impact Statement on November 9, 1990; and WHEREAS the Town Board has received a letter from the Dutchess County Planning Department dated October 16, 1990, which letter contained the Dutchess County Planning Department's review of the proposed amendments to the Town of Wappinger Zoning Ordinance, as set forth in the aforementioned Local Law; and WHEREAS the Dutchess County Planning Department's letter contained various comments about the proposed amendments and made seven recommendations with respect thereto; and WHEREAS the Town Board has determined that it is in the best interests of the Town to act contrary to the recommendations made by the Dutchess County Department of Planning, and has elected to adopt GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601 the proposed Local Law as originally introduced at the August 27, 1990 meeting; and WHEREAS General Municipal Law Section 239-M requires that the Town Board adopt a Resolution setting forth its reasons for acting contrary to the recommendations of the Dutchess County Planning Department, prior to the adoption of the proposed Local Law. NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Wappinger in furtherance of the adoption of the Local Law Amending the Zoning Ordinance of the Town of Wappinger hereby elects to act contrary to the recommendations of the Dutchess County Planning Department as set forth in its letter of October 16, 1990, and hereby establishes the reasons therefor as follows: 1. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #l: "Additional sites for the Two -Family zone should be mapped." The Town Board's reason for acting contrary: The Town Board recognizes the potential for increasing the supply of moderate priced housing by mapping additional sites for two-family housing, and accordingly, the Board reserves its prerogative to consider such actions in the future in areas that are compatible with surrounding land uses and that have adequate infrastructure (such as central water and sewer facilities). Any such future actions will require site specific environmental studies for any future rezoning. The Town Board notes that it is presently in the process of upgrading its central water and sewer facilities and intends to review residential densities in those areas served by central water and sewer N GELLERT & CUTLER, P.C. • ATTORNEYS AT LAV✓ • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601 in future amendments to the Zoning Ordinance after the improvements are completed. 2. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #2: "Creation of an affordable housing floating zone or amendment of the PUD district to allow at least a 20 percent density bonus for the provision of affordable housing." The Town Board's reason for acting contrary: The Town Board has determined that after a review of current development trends and feasibility studies for on-going water and sewer improvements, that additional high density housing is not feasible at this time due to the lack of supporting infrastructure. The Town Board notes that it is presently in the process of upgrading its central water and sewer facilities and intends to review residential densities in those areas served by central water and sewer in future amendments to the Zoning Ordinance after the improvements are completed. 3. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #3: "Route 9 is the major north -south road in the town and in western Dutchess County. The preservation of its traffic volume capacity is important to the long term economic vitality of the town and the county. The proposed zoning amendments for the Route 9 corridor include uses such as retail stores and shops; these uses eat up the traffic capacity of a road because of high turnover of traffic at each site. This Department recommends that the town implement one or a combination of the following alternatives: (a) Delete retail business stores and shops and personal service businesses as allowable uses in the Highway Business (HB) district. Setting aside this land for true highway business uses will minimize the impact on traffic capacity. 3 GELLERT & CUTLER, P.C. • A770FNEYS AT LAW • 75 WASHING70N S7FEET • POUGHKEEPSIE, NEW YORK 12601 (b) Permit a greater intensity of uses north of the Route 9/Myers Corners Road intersection and lessen the intensity of commercial uses along the Route 9 corridor south of this intersection. This can be accomplished by a change of uses, as indicated in (a), above, and/or by limiting lot coverage and floor area ratios permitted south of this intersection. (c) Replace significant areas of the intensive commercial zoning districts along Route 9 with residential or office districts." The Town Board's reason for acting contrary: The Town Board has determined that Route 9 serves both local traffic and through traffic and, accordingly, retail businesses were allowed to remain in HB district. In the Town of Wappinger, Old Route 9 serves as a natural feeder or service road for a substantial portion of the Route 9 corridor. As such, it minimizes direct access to Route 9, thereby preserving Route 9's traffic carrying capacity. Total vacant lands within this corridor are calculated at 193 acres, of which 43 acres are zoned HB (Highway Business), 8 acres are HO (Highway Office), 24 acres are HD (Highway Design), and 108 acres are COP (Conservation Office Park). The zoning plan was arrived at after review of the existing and approved uses within the corridor and the Town Board's determination to minimize the establishment of non- conforming uses, or pockets of unlike uses. The zoning plan minimizes the number of accesses to Route 9 by requiring larger lot sizes on all existing large undeveloped land. The plan encourages the combination of smaller parcels to larger 4 GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601 parcels by offering a bonus in the amount of land that can be developed with the concomitant decrease in curb cuts. 4. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #4: "Elimination of those areas of Highway Business zoning along the west side of Route 9 that affect the Greenfly swamp." The Town Board's reason for acting contrary: The Town Board has determined that the majority of the lands of the so called Greenfly Swamp are zoned R-80. This recommendation pertains to a small portion of the Greenfly Swamp located within the property lines of an existing commercially developed parcel. The Town Board adopted the principal of locating zoning district boundaries along existing property lines; the Town Board has not increased the amount of commercial zoning of the property. 5. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #5: "Reduce the length of the General Business zone on the south side of New Hackensack Road between All Angels Hill Road and Jackson Road to minimize the impact on the county road.'$ The Town Board's reason for acting contrary: The Town Board has noted that the subject business zone is within the vicinity of the Dutchess County Airport along a County road. It was the Town Board's intention to honor previous County Planning Department recommendations by encouraging commercial development outside the Route 9 corridor, thereby minimizing the impact on the traffic carrying capacity of Route 9. The length of this business zone is consistent with the surrounding development, including the airport area. 9 GELLERT a CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601 6. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #6: "The Town Board should add a floodplain, wetland, and stream corridor protection overlay zone in order to ensure that the town zoning map and regulations more accurately reflect the natural resource protection policies of the county and town plans." The Town Board's reason for acting contrary: The Town Board notes that a "flood plain" overlay zone already exists in Section 460 of the Ordinance. The Town Board has determined that the flood plain, wetland and stream corridor projection overlay zones should be examined and will be addressed in future amendments to the Town's Zoning Ordinance. 7. DUTCHESS COUNTY PLANNING DEPARTMENT RECOMMENDATION #7: "The requirements for service roads, buffering, signs and compatibility in the HD zones should be clearly defined in the zoning ordinance." The Town Board's reason for acting contrary: The Town Board has determined that adequate provisions already exist within the Ordinance to accomplish the desired effect. Landscaping guidelines are contained in Section 473.3 as well as the Bulk Regulation Table; sign requirements are contained in Section 416; site plan requirements are contained in Section 450; special use permit requirements are contained in Section 430; authority to issue such special permits has been transferred from the Zoning Board to the Planning Board. BE IT FURTHER RESOLVED that the Town Clerk transmit a copy of this Resolution to the Dutchess County Department of Planning as required by Section 239-M of the General Municipal Law. R GELLERT & CUTLER, P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 12601 BE IT FURTHER RESOLVED that it is the intention of this Resolution to enumerate the Town Board's reasons for acting contrary to the Dutchess County Planning Department's recommendations as set forth in its letter of October 16, 1990 and by adoption of this Resolution evinces its intention to act contrary to the County's recommendations for the reasons set forth above and to adopt the proposed Local Law Amending the Zoning Ordinance of the Town of Wappinger as introduced at the August 27, 1990, Town Board meeting. The question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: SunPYViGor Smith Voting Councilman Fanuele . ur-1111MWAL92 The resolution was thereupon declared duly adopted. DATED: November 26, 1990 Wappingers Falls, NY ELAINE SNOWDEN Town Clerk, Town of Wappinger 7 GELLERT & CUTLER. P.C. • ATTORNEYS AT LAW • 75 WASHINGTON STREET • POUGHKEEPSIE, NEW YORK 125C1