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1990-08-27 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER AUGUST 27, 1990 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. Accept Minutes: Reg. July 30, 1990 Special Aug. 7, 1990 4. REPORTS OF OFFICERS: T/Justices Rec. of Taxes Sup/Compt. Zng. Adm. Bldg. Insp. Dog Control Officer Sr. Citizen Director's Report H. Supt. Hydrant Report and Highway Supt. Dept. Report 5. PETITIONS & COMMUNICATIONS a. Thos. Campo, Lormar Ct. re: paving corner of Lormar Ct. at junction w/ Myers Corners Rd., and Hydrant installed too low b. J. Paggi, Eng.to Twn, re: request by Myers Corners Elementary School to tie into Wapp. Water Improvement Area c. G. Foster, H. Supt. Re: Stop Signs in Chelsea at Bank St. & River Rd. t d. Dennis Truett re: flooding problem of his property �;ea e. Notification frog► Jose Cardisi of intent to renew Liquor Licensel'04 f. Jas. Klein requests reduction of Performance Bnd-Nicole Farms g. Application for Hawking & Peddling Lic. by Rob't Zilempe h. Tanveer Hussain, Bell Air Lane Re: Pump Station in front of His Props ,i. Thos. Connors Re: request for reimbursement for Sewer backup damages j. Invitation from Soccer Club to attend opening day Ceremony k. Receipt of State Environmental Quality Review Negative Declarations from Towns of East Fishkill and Fishkill 1. Consider accepting Letters of Credit from Louis & Michael Suozzo for Suozzo Subdivision M. Requests for return of Escrow Fees from: Jeff Hunt Dev. Inc. $2,500 & $2,000, Landscaping for Lots #3 & #9 Robinson Lane; David Stilb, Lot #27 Pondview (41 Mina Dr.)$750; Juan Caamano, 65 Gold Rd. X13,000 for grading; A. Roberts, Schuele Dr., $500 seeding; Rieger Homes Lot #21 Lormar Ct. $250; &, Refund of Fee For Variance to M. Stenger $35.00 n. Consideration of Shaker, Travis & Quinn Contract o. Consideration of Agreement - Wappinger Pop Warner Football ,,.p. Appointment of Secretary to fill vacancy for Ping. Bd. & ZBA q. Thos..D'Atr�bro re: Parking along Wadmer Rd. in vicinity of the Villa B r, Ra -s rNoe. , urs a,;_ t �� U �rce S _ t ce�lcrSe. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Consider Resolution for the adoption of a Public Interest Order -for. Wappinger Park Water District b. Consider Resolution authorizing issuance of $236,450 Serial Bnds for Wappinger. Park, Water District._ `. e:" Consider Resolution authorizing issuance of $500,000 Serial Bnds for Wappinger Sewer Transmission/treatment Improvement Area 4d. Consider adoption of Fing�L Order for Wappinger Ambulance District %e. Consider adoption of Local Law for "No Parking" on Ervin Drive /f. Consider adoption of Local Law for "No Parking" on Regency Drive ,,.g. Consider introduction of Ordinance to Amend Bldg. Insp. Fees & set Public Hearing h. Consider introduction of Amendments to the T/W Zoning Ordinance & Map and Set the Public Hearing i. Term of Office of D. Close expires 9/30/90 as member of Board of Assessment Review 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT REMINDER: 2 Public Hearings - 6:45 & 7:00 on Local Laws for Ervin & Regency "No Parking" 171 The Regular Meeting of the Town Board of the Town of Wappinger was held on August 27th, 1990 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Smith opened the Meeting at 7:30 P.m. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Albert Roberts, Attorney Joseph E. Paggi, Jr., Engineer All present joined in the Pledge of Allegiance to the Flag at the commencement of the meeting. The Minutes of the Regular Meeting of July 30th and the Special Meeting of August 7th, 1990, having previously been forwarded to the Board Members, were placed before them for their consideration. MRS. VISCONTI moved that the above stated Minutes, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Incoronato Motion Unanimously Carried Reports were received from the Town Justices, Receiver of Taxes, Supervisor/Comptroller, Zoning Administrator, Building Inspector, Dog Control Officer, Senior Citizen Director's Report, for the month of July, Highway Superintendent Report from June 15th thru August 15th, 1990. Mrs. Visconti commended the Comptroller for the itemization of the escrow accounts shown on the Building Inspector's report, which -had previously been requested by the Councilwoman; she also commended the Dog Officer for her unique reports and for the excellent job she was doing and finally, commended the Highway Superintendent and his men for the recycling job, noting that the cost did not exceed the amount allotted in the budget. MRS. VISCONTI Moved to accept the above stated reports and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried 172 Petitions & Communications --- Thomas Campo, 19 Lormar Court, wrote to the Board regarding road paving at its intersection with Myers Corners Road and correction of the placement of the hydrant between #19 and #21 Lormar Court, noting that it was too low. Mr. Foster responded to the Board after -he received this complaint, noting that the road junction is slippery and covered with dirt and the cars are cutting the entrance corner because the entrance was never completed with curbing due to problems with the developer. Rather than blacktop this area and make the intersection larger he is attempting to cut this corner back to its original area and has placed small white rectangular reflectors on metal posts, painted orange at the base and -he plans to blacktop the curb with the hope of bringing it back to the original size instead of the larger area they have made by cutting the corner. As for the second item in the letter on the hydrants, Bob Cacio, Hydrant Inspector for the Town, reported that he had suggested a few years ago that the builder be notified to correct the low installation of the hydrant, however, as noted before, there were problems with the developer so this correction was never made; in an attempt to correct the situation, Mr. Cacio made a "bowl" around the hydrant so that would be accessible to the fire company, however, the resident at #19, who was doing the complaining, filled in the "bowl" because he could not mow his grass. Camo Pollution Control -has-been notified to inspect this hydrant and report to the Board and following receipt of this report, Mrs. Smith planned to schedule a work shop for further discussion of the matter. MR. INCORONATO moved to table action pending a work shop with Camo Pollution Control. Seconded by Mrs. Visconti Motion Unanimously Carried The Engineer responded to a request from Myers Corners School to LAM tie into the Central Wappinger Water Improvement Area, recommending that they tie into the Town System; however, he pointed out that historically, approximately every seven years, the CWWIA experiences a dry spell when there is difficulty for the system to meet peak daily demands and recommended that the school be allowed to maintain their existing well so, if necessary, it would be a backup for the building if they did have a temporary problem with the Town system. 173 MR. INCORONATO Moved that Myers Corners Elementary School be allowed to tie into the Central Wappinger Water Improvement Area, with the provision that they maintain their existing well to be utilized when necessary, at the recommendation of the Engineer to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried The Highway Superintendent wrote to the Town Board regarding the necessity of Stop Signs at the intersection of Bank Street and North River Road. As he explained it in his communication to the Board, it is a dangerous situation and should be acted on; a vehicle currently leaving the river area with a trailer attached must stop at the intersection with a portion of their trailer under the railroad barricade and a sketch was attached showing the hazardous predicament they could be placing themselves in, because in the event a train approaches, the two barricades drop and trap the car on the tracks. The Board had discussed this at a recent work shop and agreed that the'Attorney should review the correspondence from the Highway Superintendent regarding the placement of the Stop Signs and report his recommendation to the Board. MR. INCORONATION moved to table action on this request pending review and recommendation by the Attorney to the Town. Seconded by Mrs. Visconti Motion Unanimously Carried Another communication was received from Dennis Truett regarding his ongoing drainage problem which, he claims, has always been there due to the inadequate drainage system in the Angel Brook Development, but he is now more seriously affected since the Town repaved Alpert Drive and elevated the road six inches higher than his basement. The Highway Department has corrected the earlier problems he had which should have alleviated the situation, however, Mr. Foster said he and the Engineer would inspect it again as -Mr. Paggi is -very familiar with that area and its problems and if it meets with his approval then there's nothing else they can do. Mr. Fanuele noted that the resident felt the Town should raise his driveway and lawn six inches or higher and questioned the feasibility of doing this which would cause further problems ---he wouldn't be able to get into his garage if they were to follow this suggestion. Mr. Foster explained that they have put in a 174 berm in the front, an additional catch basin, replaced an 18" corrugated metal pipe with a 24" smooth surface plastic one which will carry a much larger capacity of water, additional berms going up the side of the road, changed the path of the drainage across the street, and other items to alleviate the situation Mr. Truett has been complaining about. The Engineer and Highway Superintendent will report their findings to the Board after their inspection, however, Mr. Foster couldn't think of any other solutions that they have not already implemented. Notification of intent to renew a liquor license was received from Jose Cardiso, New Hackensack Plaza, on Route 376 in the Town of Wappinger. MR. INCORONATO moved to accept the notification and place it on file with no comment. Seconded by Mrs. Visconti Motion Unanimously Carried A request was received from James Klein, developer of Nicole Farms to reduce the Performance Bond on that subdivision; the Engineer reported that a certain portion of the work has been completed by the developer and he recommended that the amount be reduced to $303,802.00 which will afford the Town proper protection, if required. MRS. VISCONTI moved to reduce the Performance Bond on Nicole Farms posted by James Klein, as recommended by the Engineer to the Town. Seconded by Mr. Fanuele Motion Unanimously Carried An application for a Peddling License was received from Robert Zilempe to sell hot dogs, soda, etc. throughout the Town. The applicant had signed the required form agreeing to move his vehicle 1,000 yards every half hour. MR. INC�ORONATO moved to approve the application for a Peddler's License for Robert Zilempe to sell hot dogs, soda, etc. in the Town. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from Mr. Tanveer Hussain, 18 Bell Air Lane regarding an ongoing concern/complaint he has had with the Town owned Pump Station on the front yard of his property. It frequently mal- functions and the sewerage backs up into his basement; there are 175 constant noises and vibrations twenty-four hours a day and on top of these annoyances, it makes the area look unsightly. If the Town had no intentions to remove the station, they could at least reduce its size or cover it neatly, not with overgrown evergreens that will soon block the front of his house. Mr. Hussain brought up one point that the Engineer did agree with and that was for the Town to install a pipe that's lower than his basement where the sewerage can go before it reaches his house. A few years ago Mr. Paggi addressed this complaint and proposed two solutions to the Dutchess County Health Department similar to Mr. Hussain's suggestion and both were rejected by that Department. Mrs. Smith thought perhaps he could resubmit these proposals and he agreed it might be approved this time, but there is another alternative which would be to pump this residence to another elevation, and possibly his neighbor, and build two separate small rejector stations and pump them to another high level elevation; it would work but it would be very expensive. It was agreed that Mr. Paggi should resubmit his original proposal to the Health Department, and in the event they would be rejected again, explore the other alternative he explained. In regard to the landscaping around the pump station, Mr. Fanuele agreed it was horrible, overgrown, trees not compatible; his solution to that was cut them down and put some Candadian pines around and keep them trimmed, this would improve the appearance. After a discussion, all agreed that the Engineer would resubmit, prepare a report on an alternative, arrange to have the trees trimmed and clean around the pumping station. MRS. VISCONTI moved to table action on Mr. Hussain's problem, pending a report from the Engineer. Seconded by Mr.Incoronato Motion Unanimously Carried A letter of request for reimbursement of expensus due to a sewer backup was received from Thomas & Judity Connors, 13 Pippin Lane. Mrs. Smith preferred to table this request until she spoke with Mike Tremper from Camo Pollution Control, who was presently on vacation. MRS. SMITH moved to table action pending further information from Camo Pollution Control. Seconded by Mrs. Visconti Motion Unanimously Carried 176 Mr. Foster added his comments relating to this subject, noting that they have an increasing number of backups since he has been Highway Superintendent which has resulted in being called out at night and on weekends to assist Camo. Due to this, he has been working with Dare Fitzpatrick from Camo and they have set up a preventive main- tenance schedule for all sewers that have been giving the residents problems. It is their intention to keep track all the potential problem sewers that Camo indicates and Mr. Foster will provide the manpower and equipment to do the work. This should, they feel, eliminate the numerous backups that are occurring and the expense that goes along with them. An invitation was received by the Town Board from the Wappingers United Soccer Club to participate in the Opening Day Ceremony of their club on September 8, 1990, 9:00 A.M. at the Rockingham Field. Due to the problem at that location with parking, the Supervisor had previously requested the Soccer Club to hire deputies to handle the traffic, but has had no response from them regarding their intent to honor her request. They had first been requested to use Robinson Lane but declined to do so. Although the Town Board resented this lack of cooperation, it was Mr. Valdati's feeling that they could not ignore the ceremony because of the children involved. Mr. Incoronato said he had been in contact with the Federation President and discussed the problems they had last year with the congested traffic; he was informed that the deputies did not show last year, that was the reason for the confusion, therefore this year they have designated four committe people to direct traffic, which although not uniform police, should be adequate for this purpose. It was finally decided that the Supervisor would arrange for deputies if the Soccer Club chose not to and at a later date this would be discussed with the adults involved in this program. Notices of negative declaration were received from the Town of Fishkill relating to a Local Law to permit Accessory Apartments, and from the New York State Department of Environmental Conservation on Crystal Spring Company, Sand and Gravel Mining Operation in the Town of East Fishkill. Mrs. Smith had a problem with the notice from the D.E.C. on the soil mining since this operation is on top of the Sprout Creek Aquifer. Mrs. Visconti pointed out that the Board has been present at the East Fishkill meetings on the mining operation and stated their 177 objection to this project. Mr. Fanuele has drafted a letter to the Town of East Fishkill stating this Board's position and the Supervisor will direct it to them for their record on this operation. MRS. VISCONTI moved to accept the Notifications and place them on file. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Levenson, Zoning Administrator, submitted Letters of Credit from Louis Suozzo and Michael Suozzo for referral to the Attorney for approval. The Attorney responded to the Board that neither L/C was acceptable in the form presented. MRS. VISCONTI moved to table action on the Letters of Credit and refer them to the Attorney for further review and recommendation. Seconded by Mr. Valdati Motion Unanimously Carried Several requests were received for return of escrow deposits: Jeff Hunt Developers, Inc., $2,500 & $2,000 for landscaping of Lots #3 & #9 Robinson Lane; David Stilb, $750, seeding and driveway, 41 Mina Drive, (Lot #27 Pondview); Juan Caamano, $3,000, grading 65 Gold Road; Al Roberts, $500, seeding, 22 Schuele Drive; Rieger Homes Inc. $250, driveway Lot #21, Lormar Court; Martin Stenger, $35, refund of variance fee not required, Lot 19 Snug Harbor Hill. All the required requests, vouchers and recommendations from department heads were submitted in proper form. MR. VALDATI moved to return the escrow deposits requested as stated above. Seconded by Mrs. Visconti Motion Unanimously Carried A contract with the firm of Shaker, Travis & Quinn, Inc. for maintenance on air-conditioning and heating had previously been reviewed by the Town Board and now placed before them for their consideration. MRS. VISCONTI moved to approve the contract with Shaker, Travis & Quinn, Inc, as submitted, and authorize the Supervisor to sign said contract. Seconded by Mr. Fanuele Motion Unanimously Carried 178 An Agreement between the Town of Wappinger and the Wappinger District Pop Warner Football Association, having previously been reviewed by the Town Board, was placed before them for their consideration. The Supervisor noted that the Attorney to the Town had approved of the form of the Agreement. Mr. Incoronato noted that this Association was requesting ambulance coverage for their program and questioned whether there was an extra charge to the Town for this service from the ambulance company. Mrs. Smith replied that the service for attendance at sport events and community activities was included in the contract with the Town. MR. INCORONATO moved to approve the Agreement with the Wappinger District Pop Warner Football Association in the total amount of $1,700 and authorize the Supervisor to sign said contract. Seconded by Mrs. Visconti Motion Unanimously Carried There was still a vacancy for the position of Secretary to the Planning Board and Zoning Board of Appeals. MRS. VISCONTI moved to appoint Jeannette Fitsch as Secretary to the Planning Board and the Zoning Board of Appeals, at an annual salary of $12,000, prorated to the end of 1990. Seconded by Mr. Valdati Motion Unanimously Carried Thomas D'Albro, a concerned resident on Widmer Road, wrote to the Board regarding the hazardous conditions caused by the Villa Borghese's customers parking along both sides of Widmer Road when they have large gatherings at the restaurant. They also park in private driveways and block some of them. At this time there is no law on the books prohibiting this parking although it has been requested previously when they had similar conditions on this road. Mr. Foster noted that he had reviewed the plot plan for the Villa's new addition when they had received previous complaints and they were required to provide a specific number of parking spaces which they have not complied with. They should not have a C.O. for the new section until they have completed the require- ments specified by the Planning Board. He was not opposed to a law prohibiting the parking, but they should first be compelled to provide the parking spaces; there are approximately 99 spaces at present and the plot plan for the new addition requires 160 spaces. 179 It was the Supervisor's opinion that a Local Law should be in place prohibiting parking in that area and they would also pursue the non-compliance of the plot plan approved by the Planning Board for the new addition at the Villa Borghese. The Attorney and the Highway Superintendent were requested to coordinate their efforts in the preparation of a Local Law for No Parking on Widmer Road for consideration by the Town Board at their next meeting. A late communication in the form of a resignation from Town Justice Vincent Francese, was received by the Town Board._ MRS. SMITH moved to accept Judge Francese's resignation with regret, and wished him the best of luck in his future endeavors and requested that a letter of appreciation on behalf of the Town, be sent to him. Seconded by Mr. Valdati Motion Unanimously Carried The Supervisor added that the. Town would be losing an asset when Judge Francese steps down, but she knows that he is pursuing other avenues and whatever he chooses to do, good luck to him. Committee Reports --- Mr. Fanuele, Recycling, reported that the Scouts who are recycling the papers at the Highway Garage informed him there was no money in the budget for their services. The Supervisor explained that there was an agreement with the previous Supervisor and the Scouts were receiving $300 to truck the papers to a designated location; things changed and the papers were not being accepted and the Town had to take over and pay $35.00 per ton to have the papers trucked away. It was the Supervisor's opinion that the Scouts are supposedly earning a badge for community service and it has been her experience, having worked with the Grange members for many, many years, that kids don't get paid for earning badges. She has requested the Scout Leader to discuss this with her exactly what the $300 was paying for. Computers, Justice Court will be closed for two weeks to phase over to their new computer system. Mr. Valdati, Safety, reported that a water main broke at the Waldbaum Plaza, over the weekend, and although they are serviced by Village water, the Hughsonville Fire Department and New Hackensack Fire Department responded and were very helpful with their efforts and 180 equipment, also the Town Building Inspector and Fire Inspector were on the scene and other Town Officials and offered their assistance. Mr. Valdati commended this spirit of cooperation and thanked all for the help they extended. Mr. Incoronato, again questioned the status of the Deferred Tax Plan for the Town employees and was told that the plan was still in the process of being approved by the company. In a matter of three months, if this is not approved, the employees will lose the tax shelter, Mr. Incoronato explained and the Attorney assured him it would be approved shortly and agreed to pursue this. Mrs. Visconti, Dial -A -Ride, reported that the contract for 1991 would not be increased but will continue at $13,816, one vehicle for four days a week. In honor of the 15th Anniversary of Dial -A -Ride, they have invited the Board to "Fun in the Park" on September 13, 1990; the seniors were informed that if they wished to attend this, they should call Dial -A -Ride. Mrs. Smith welcomed back Jerry Cauda, member of Board of Assessment Review, who had recently been in the hospital. Resolutions --- The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: In the Matter of The Increase in the Maximum Amount Proposed to be Expended for the Original Improvements in the PUBLIC Wappinger Park Water District INTEREST in the Town of Wappinger, ORDER Dutchess County, New York WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-A of the Town Law, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Wappinger Park Water District in said Town and has authorized the construction of a water supply and distribution system for said District, in the Town of Wappinger, Dutchess County, New York, as more fully described in the aforesaid proceedings, at a maximum estimated cost of $200,188; and WHEREAS, it now appears that such maximum estimated cost of $200,188 must be increased by $36,262 to a new maximum estimated cost of $236,450 and a petition to increase same has been received by the Town Board pursuant to Section 202-d of the Town Law; and WHEREAS, the Town Board of the Town of Wappinger made an application with the Comptroller of the State of New York for an order consenting to such increase; and WHEREAS, an order consenting to such increase was granted by the Comptroller of the State of New York on June 19, 1990, in which the State Comptroller, after due deliberation, found and 181 determined: 1) The public interest will be served by the proposed increase in the maximum amount to be expended for said Wappinger Park Water District. 2) The additional amount to be expended for such purpose will not be an undue burden upon the property of the District, and WHEREAS, at a meeting of said Town Board duly called and held on July 30, 1990, an order was duly adopted by it and entered in the minutes specifying that the said Board would meet to consider the increase of the maximum amount proposed to be expended for the original improvements of the Wappinger Park Water District, and to hear all persons interested in the subject thereof concerning the same, at the Town Hall, New YOrk, in said Town, on the 13th day of August, 1990, at 7:30 o'clock P.M., Prevailing Time, and WHEREAS, notice of said public hearing was duly published and posted as required by law, to -wit: a copy thereof was published in the Southern Dutchess News, on August 1st, 1990, on the signboard maintained by the Town Clerk of the Town of Wappinger, pursuant to Section 30, subdivision 6 of the Town Law, and WHEREAS, a public hearing was duly held at the time and place set forth in said notice, at which all persons desiring to be heard were duly heard, NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. Upon the evidence given at the aforesaid public hearing, it is hereby found and determined that it is in the public interest to make the improvements described in the preambles hereof for the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York at a maximum estimated cost of $236,450, being an increase of $36,272 over that previously authorized. Section 2. This Order shall take effect immediately. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Order Duly Adopted A RESOLUTION AUTHORIZING THE ISSUANCE OF $236,450 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY COST OF THE CONSTRUCTION OF A WATER SUPPLY AND DISTRIBUTION SYSTEM FOR THE WAPPINGER PARK WATER DISTRICT IN SAID TOWN. The following Resolution was offered by COUNCILMAN VALDATI who moved its adoption: WHEREAS, Pursuant to proceedings heretofore duly and and taken in accordance with the provisions of Article 12-A of the Town Law, the Town Board of the Town of Wappinger, Dutchess County, New York, has established the Wappinger Park Water District in said Town and has authorized the construction of a water supply and distribution system for said District, at a maximum estimated of $200,188; and WHEREAS, pursuant to proceedings subsequently had and taken in accordance with the provisions of Section 202-d of the Town Law, and more particularly an order dated August 13, 1990, the Town Board determined it to be in the public interest to make the aforesaid improvements for the Wappinger Park Water District at a maximum estimated cost of $236,450, being an increase of $36,272 over that previously authorized; and WHEREAS, it is now desired to provide funding for such improvements, no bond resolution having been previously adopted;, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the construction of a new well, reconstruction of existing pump house, purchase and installation of a 2,500 gallon pressure tank, 1,220 linear feet of 2 -inch PVC water line, land or rights -in -land, pumps, additional tanks and other appurtenants, machinery, equipment and apparatus necessary in connection therewith, for the Wappinger Park Water District in the Town of Wappinger, Dutchess County, New York, as more fully described in the preambles hereof, there are hereby authorized to be issued $236,450 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid water supply and distribution system to be constructed in the Wappinger Park Water District is $3,100,000 and that the plan for the financing thereof is by the issuance of the $236,450 serial bonds of said Town authorized to be issued pursuant to this bond resolution. Further details pertaining to said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid apecific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years, and that no down payment is required therefor pursuant to subdivision (d)(3)(a) of Section 107.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipa- tion notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall annually be assessed upon the taxable real property in said Wappinger Park Water District in the manner provided by law an amount sufficient to pay said principal and interest as the same become due and payable, but if not paid from such source, all the taxable real property within said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds. Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially compiled with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution shall take effect immediately. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 183 A RESOLUTION AUTHORIZING THE ISSUANCE OF $500,000 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK, TO PAY THE COST OF THE PLANNING FOR THE ESTABLISHMENT OF A PROPOSED NEW SEWER IMPROVEMENT AREA TO BE KNOWN AS WAPPINGER SEWER TRANSMISSION/TREATMENT IMPROVEMENT AREA IN THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK. The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project, NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Seciton 1. For the specific object or purpose of paying the cost of the planning for the establishment of a proposed new sewer improvement area to be known as Wappinger Sewer Transmission/ Treatment Improvement Area in the Town of Wappinger, Dutchess County, New York, including environmental determinations necessary in connection therewith, there are hereby authorized to be issued $500,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of the aforesaid specific object or purpose is $500,000 and that the plan for the financing thereof shall consist of the issuance of the $500,000 serial bonds of said Town authorized to be issued pursuant to the provisions of this resolution. Further details concerning said bonds will be prescribed in a further resolution or resolutions of this Town Board. Section 3. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will not exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Town of Wappinger, County, New York, are hereby irrevocably pledged to the of the principal of and interest on such obligations as respectively become due and payable. An annual appropriation made in each year sufficient to pay the principal of and on such obligations becoming due and payable in such year. Dutchess payment the same shall be interest Section 6. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication or 184 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full in the Southern Dutchess News, the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted In the Matter of The Establishment of an Ambulance District in the Town of Wappinger, Dutchess County, New York, to be FINAL Known as Wappinger Ambulance District ORDER The following resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, a Resolution having been duly adopted by the Town Board of the Town of Wappinger, directing the Engineer to the Town to prepare the necessary map and plan for providing the facilities or improvements in the Town wherein an Ambulance District is proposed to be established; and WHEREAS, a Resolution having been duly adopted by the Town Board on September 21, 1987 to conduct a Public Hearing for the purpose of hearing all persons interested in the matter on the 19th day of October, 1987, at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York; and WHEREAS, a Public Hearing by the said Board was duly held at such time and place; and WHEREAS, it having been duly resolved and determined by the Board following such hearing that the Notice of such hearing was published and posted as required by Law and otherwise sufficient, that all the property and property owners within the proposed District were benefited thereby, that all property and property owners were included within the limits of the proposed District, and that it was in the public interest to establish said Ambulance District; and WHEREAS,it having been then and there further duly resolved that the establishment of such Ambulance District as proposed be approved, subject to a permissive referendum in the manner provided in Article 7 of the Town Law; and WHEREAS, a certificate of the Town Clerk having been filed pursuant to Subdivision 4 of Section 209-e of the Town Law, certifying that no petition was filed requesting such a referendum; and WHEREAS, the permission of the State Comptroler is not required pursuant to Section 209-f of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION I. That an Ambulance District be established in the said Town of Wappinger, Dutchess County, New York, to be designated as the WAPPINGER AMBULANCE DISTRICT and to be of the following description and boundaries, to wit: 185 All of the areas of the Town of Wappinger outside of the Incorporated limits of the Village of Wappingers Falls, New York. SECTION II. That the Town Clerk of the Town of Wappinger, is hereby authorized and directed to cause a certified copy of this ORDER to be duly recorded in the Office of the Clerk of Dutchess County in which the Town of Wappinger is located, within ten (10) days after the adoption of this Order. SECTION IV. This Order shall take effect immediately. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays Order Duly Adopted A Public Hearing having been held on August 27, 1990, by the Town Board on a proposed Local Law Regulating Parking on Ervin Drive and Blackthorn Loop, the matter was placed before the Board for their consideration. COUNCILMAN VALDATI moved to adopt Local Law #2 of 1990 as follows: A LOCAL LAW AMENDING LOCAL LAW #3 OF THE YEAR 1990 REGULATING PARKING ON ERVIN DRIVE AND BLACKTHORN LOOP IN THE TOWN OF WAPPINGER. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: SECTION 1. Legislative Intent. It is the intention of the Town Board of the Town of Wappinger in the interest of the public health, welfare and safety of the people of the Town of Wappinger to restrict parking on certain parts of Ervin Drive and Blackthorn Loop in the Town of Wappinger, so as to prevent any obstruction to the normal and regular flow on traffic along Ervin Drive and Blackthorn Loop. SECTION 2. Parking Restricted. Parking or standing of automobiles, cars, trucks, motor cycles and other motor vehicles shall be prohibited along the most southerly, most easterly and most westerly outer perimeters of Ervin Drive and Blackthorn Loop in the Town of Wappinger at the following times: on Mondays through Fridays only between the hours of 8:00 A.M. and 4:00 P.M. from January 1st through June 20th, and from September 1st to December 31st in each year, except legal holidays as defined by the General Construction Law. SECTION 3. Signs. The Highway Superintendent of the Town of Wappinger is hereby directed to install appropriate signs indicating that there shall be "No Parking" in the designated area. SECTION 4. Violations The owner of any vehicle which is found to be parked or standing in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine in a sum not to exceed $50.00. SECTION 5. Effective Date This Local Law shall take effect immediately upon adoption and filing as provided by the Municipal Home Rule Law. Seconded by: Roll Call Vote: Councilman Fanuele 5 Ayes 0 Nays A Public Hearing having been held on august 27, 1990, by the Town Board on a proposed Local Law Regulating Parking on Regency Drive, the matter was placed before the Board for their consideration. COUNCILWOMAN VISCONTI moved to adopt Local Law # 3 of 1990 as follows: A LOCAL LAW AMENDING LOCAL LAW #3 OF THE YEAR 1989 REGULATING PARKING ON REGENCY DRIVE IN THE TOWN OF WAPPINGER. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: QRrmTnu 1 Local Law #3 of 1989 of the Town of Wappinger - "Regulating Parking on Regency Drive in the Town of Wappinger" is hereby amended by the adoption of the following additions, revisions and amendments as follows: Section 2 "Parking Restricted" is amended to read as follows: "Parking or standing of automobiles, cars, trucks, motor cycles and other motor vehicles shall be prohibited along the most southerly, most easterly and most northerly outer perimeters of Regency Drive in the Town of Wappinger at the following times: on Saturdays only between the hours of 9:00 A.M. and 4:00 P.M. from April lst to June 30th, and from September 1st to November 30th in each year". Section 4 "Violation" is amended to read as follows: "The owner of any vehicle which is found to be parked or standing in a "No Parking" zone as enumerated above, shall be guilty of a violation and shall be subject to a fine not to exceed $50.00". SECTION 2 Except as specifically modified and amended by the adoption of the additions, revisions, modifications and amendments above set forth, Local Law #3 of 1989 "Regulating Parking on Regency Drive in the Town of Wappinger" is hereby ratified, confirmed and re -adopted. SECTION 3 This Local Law shall take effect immediately upon adoption and filing as provided by the Municipal Home Rule Law. Seconded by: Councilman Incoronato Roll Call Vote: 5 Ayes 0 Nays The following proposed Ordinance Amending an Ordinance for Administering and Enforcing the Uniform Fire Prevention and Building Construction Code was introduced by COUNCILMAN FANUELE: BE IT ORDAINED by the Town Board of the Town of Wappinger, that the Ordinance orginally adopted by the Town Board on April 7, 1960, "Town of Wappinger Ordinance for Administering and Enforcing the Uniform Fire Prevention and Building Construction Code", which ordinance has been amended from time to time thereafter, including an amendment made on December 29, 1983, which amendment otherwise brought the Ordinance into compliance with the New York State Uniform Fire Prevention and Building Code, be amended in the following manner: 1. Section 11 of the "Town of Wappinger Ordinance for Administering and Enforcing the Uniform Fire Prevention and Building Construction Code" is hereby amended to read as follows: Section 11. Building Permit Fees The fee for the issuance of a building permit shall be charged the rate of $4.00 per $1,000 of estimated cost of the structure or improvement with a minimum fee of $20.00, which fee shall be based upon the estimated costs of construction as shown on the attached Building Permit Estimating Guide dated July 23, 1990 affixed hereto and made part hereof. 2. Except as hereby amended and modified, the Town of Wappinger Ordinance for Administering and Enforcing the Uniform Fire Prevention and Building Construction Code is hereby ratified re -adopted and reconfirmed. 3. This Ordinance shall take effect 10 days after posting and publication as required by Town Law Section 133. NEW PROPOSED BUILDING PERMIT ESTIMATING GUIDE ITEM $ COST/PER SQ. FT. Dwellings (Conventional) 1 Story w/Basement.............. 60 1 Story on Slab w/Crawl Sp...... 55 1i Story w/Basement............. 80 1} Story on Slab w/Cr. Sp....... 75 2nd Story ....................... 30 Dwellings 1 Story w/Basement......,........ 55 1 Story on Slab w/crw.sp........ 50 1} w/Basement................... 75 1} Story on slab w/crw.sp....... 70 2nd Story ....................... 30 ADDITIONS TO DWELLINGS ESTIMATED AT $10.00 Less Per Category..Less $10 GARAGES Carport........ ............... 10 1 Story Attached ................ 20 1 Story Detached ................ 22 li Story Attached ............... 25 1j Story Detached ............... 27 2 Story Attached ................ 30 2 Story Detached......... 32 PORCH/DECK Open ............................ 10 Covered ......................... 20 Screened ........................ 22 Enclosed -No Heat ................ 30 Enclosed -Year Round ............. 35 GREENHOUSE Residential ..................... 35 BARNS All Types ....................... 23 SHEDS (Under 200 sq.ft.) Wood/Metal...................... 10 SHEDS 23 (200 sq.ft or more) Wood/Metal...................... POOLS Above Ground .................... 20 In Ground ....................... 35 187 Minimum Fee $20.00 The following Resolution was offered by COUNCILMAN FANUELE who moved its adoption: WHEREAS, the Building Inspector of the Town of Wappinger, Thomas Classey, has recommended that the Town Board adopt a new building permit estimating guide which will result in increased fees being charged for building permits issued in the Town of Wappinger, and WHEREAS, the Town Board has determined it to be in the best interests of the Town to adopt the building permit estimating guide as recommended by the Building Inspector, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption an Ordinance amending the Town of Wappinger Ordinance for Administering and Enforcing the Uniform Fire Prevention and Building Construction Code. The Town Board hereby determines that the adoption of the proposed Ordinance is an exempt action pursuant Article 8 ECL and the related title 6 part 617 NYCRR and that no further SEQRA action is required by the Town Board prior to the adoption of this Ordinance. 2. The Town Board hereby schedules a Public Hearing on the proposed adoption of said Ordinance to be held at the Town Hall on the 24th day of September, 1990 at 7:15 in the afternoon. 3. The Town Clerk is hereby directed to post and publish notice of the public hearing in the manner prescribed by law, in the Southern Dutchess News. Seconded by: Councilwoman Visconti Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILWOMAN VISCONTI who moved its adoption: 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, 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: ^;r 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 11th 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 modifica- tions 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 project. 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). amd 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. Seconded by: Councilman Fanuele Roll Call Vote: 5 Ayes 0 Nays Resolution Duly Adopted 190 The term of office for Donald Close, member of the Board of Assessment Review will expire on September 30th, 1990, and the Town Board was asked if they wanted to consider an appointment at this time. Mr. Close wrote to the Board indicating that he was interested in being reappointed to the B.A.R., also Thomas Logan wrote to the Town Board recommending the reappointment of Donald Close, noting that he has made a major contribution to said Board. Mrs. Visconti made a motion to reappoint Donald Close to the Board of Assessment Review, seconded by Mr. Valdati. Mr. Incoronato wished to discuss this appointment and offered the name of Martin Leskow, a former Assessor for the Town many years ago and also a member of the Planning Board who would be qualified for this position. He was also concerned about the balance presently on this Board, since if Mr. Close is reappointed they will have two business people and his point was that the Town was not made up of 40% of business people; he added that a homeowner may not be getting his necessary representation in the matter of a grievance. Mrs. Visconti pointed out that while the present B.A.R. members have been in office, the Town has not had any major claims against them from small property owners and when Mr. Incoronato noted that we have had a lot of big property owners bring claims against the Town, she retorted that's maybe why they should have the business people on there. Another point brought up by Mr. Valdati was that Mr. Leskow had not submitted a resume to the Board for this appointment and that has been their policy in recent years for all new appointments. He would not be adverse to considering this applicant if a resume was submitted and since the term did not expire until September 30, 1990, they could consider it at the next meeting on September 24, 1990. Mrs. Visconti rescinded her motion to reappoint Donald Close to the Board of Assessment Review and Mr. Valdati rescinded his second to that motion. MRS. VISCONTI moved to table consideration of an appointment of the Board of Assessment Review, pending submission of additional resumes. Seconded by Mr. Valdati Motion Unanimously Carried 191 Unfinished Business --- The Highway Superintendent put out bids for two of the old pickup trucks and received one bid for each truck. He explained that these trucks were replaced by the two new ones purchased this year. One is 1976, the other 1977 and neither one can pass inspection. One bid was for $27.50, the other bid was for $30.00 and he recommended that the bids be accepted. MR. INCORONATO moved to accept both bids for the pickup trucks, as recommended by the Highway Superintendent. Seconded by Mrs. Visconti Motion Unanimously Carried Mr. Foster had requested the Board's approval to use $500 escrow money to complete a driveway at the residence of Mr. Ahmed, 2 Taryl Court since the resident has had more than ample time to do this work and has not complied. MRS. VISCONTI moved to approve Mr. Foster's request to use $500 escrow money deposited by Mr. Ahmed at 2 Taryl Court, to complete the driveway, since the resident has not done this work in the allotted time. Seconded by Mr. Incoronato Motion Unanimously Carried Mr. Fanuele questioned the Highway Superintendent regarding a dangerous situation at the intersections of Kent Road/All Angels Hill Road/Cider Mill Loop. Mr. Foster has been working with one of the County Engineers who has stated that the road has too sharp a dropoff and that is one of the problems; he is waiting for the improvement to be made at that intersection by Mr. Klein, developer of Nicole Farms, but he is being held up by Central Hudson who has to remove the poles. Mrs. Smith is on top of that situation and once they are moved, Mr. Klein will complete his work on the intersection. It appears that the County is not willing to move the Stop Sign; they have removed the County Route sign which seemed to confuse motorists when they saw the Stop Sign. They have been surveying and chalking and they do intend to put a sign alerting people that a Stop Sign is ahead. It is up to the County to take care of the first 100' of the Town Road at a County intersection, so it is up to them to correct the situation if it continues to be a problem. Mrs. Visconti, referring to signing over quit claim deeds to the Town on property in the Naro Subdivision and the residents involved 192 will soon be finalizing this process so the file can be closed. New Business --- Mr. Fanuele questioned the procedure to follow for a day scheduled for hazardous waste pickup by the County on October 6, 1990. How will that work, can we piggy back on it and possibly pick up in the. Town and dump i.t_so_the Town people will not have to travel to Millbrook with their items. Mrs. Smith said she would check on this but it might.. involve.gettingla lot of permits and if there was a charge involved, there's no money available. Mrs. Visconti said there would be a press release on this and it was her understanding that you have to preregister if you want to dispose of any of these items. There would be further information available prior to this date. In answer to Mr. Fanuele's question on CATV, there will be a meeting September 19, 1990 at 7:30 P.M. This information will probably be sent to the Board this week. Jerry Cauda, resident of Ketchamtown Road, regarding his application for property realignment, had a problem with his extension date. Due to illness, he was not able to appear at the Planning Board when he was due, he also had a problem with the filed map, and everything was delayed while he was in the hospital. He was concerned because the ninety days extension time was close and that would mean he'd have to reapply at additional cost. The Engineer informed him he was entitled to a second extension of ninety days and he could check that out with the offices the folllowing day. After a brief discussion, Mrs. Smith told Mr. Cauda to write a letter requesting a second ninety day extension, give it to her and she'd take care of it. Since this was an offer he couldn't refuse, the discussion ended, problem solved. John Schouten, Ketchamtown Road, was recognized by the Chair and said that the County finally woke up and were offering tax abatement for open spaces and he thought the Town should do the same. The Supervisor agreed that the Board would look into such a program for those residents with acreage of open space. Mr. Incoronato said there was such a thing as conservation easement where the property owner gives up the development right on his property and in lieu of that, he gets tax abatement; couldn't they incorporate this into their zoning laws. There was a brief discussion with the Attorney and other Board Members regarding such a program and it was evident that it needed research and review. The Supervisor informed them that they would discuss this at a future work shop. There was no other business to come before the Board. MR. INCORONATO moved to adjourn the Meeting, seconded by Mrs. Smith and unanimously carried. The Meeting adjourned at 9:10 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 8/27/90 193 PROPOSED AMENDMENTS Zoning Ordinance Town of Wappinger N.Y. August 22, 1990 prepared by Raymond H. Arnold, AICP Planning Consultant for Town of Wappinger Town Board RECEIVED SEP 17 a ELAM4E SNOWDEN TOWN CLERK It 41 11 Amend Article II, Section 220 Definitions, by adding the following in the appropriate alphabetical order: DAY CARE CENTER - A structure, together with the necessary surrounding lands, which contains a program providing care for three or more children away from their home for more than three (3) hours per day, excluding those children receiving FAMILY DAY CARE as defined in this section. The term day care center shall not refer to (i) a day camp; (ii) an after school program operated for the primary purpose of religious education; (iii) a facility operated by a public school district. FAMILY DAY CARE HOME - A structure, together with the necessary surrounding lands which contains a program providing care for at lease three but not more than 6 children away from their home for more than three hours per day. A FAMILY DAY CARE HOME as defined herein is generally operated in an existing residential structure, by a resident thereof and is subject to licensing by the New York State Department of Social Services. NURSERY SCHOOL - A place, building or structure which contains a program providing care for 3 or more children, from 2 to 5 years of age inclusive, away from their home for three hours or less per day. r s ARTICLE III. ESTABLISHMENT OF DISTRICTS Section 300. Classes of Districts The Town of Wappinger is hereby divided into the following classes of districts: R80 - 1 Family Residence District R40/80 - 1 Family Residence District R40 - 1 Family Residence District R20/40 - 1 Family Residence District R20 - 1 Family Residence District R15 - 1 Family Residence District R10 - 1 Family Residence District R2F - 2 Family Residence District RMF -3 - Multi -Family Residence District RMF -5 - Multi -Family Residence District PUD - Planned Unit Development District MU - Mixed Use District HD - Highway Design District NB - Neighborhood Business District GB - General Business District SC - Shopping Center District HB - Highway Business District HO - Highway Office District CC - Conservation Commercial District COP - Conservation Office Park District HM - Hamlet Mixed Use District AI - Airport Industry District PI - Planned Industry District 2 1 t Section 305 Rational/Intent of various district designations. 305.1 Rational for SINGLE-FAMILY RESIDENTIAL CATEGORIES ON PROPOSED ZONING MAP R - 80: Sensitive areas to be developed only at low density, without central sewers, because of their scenic values, slopes or wetlands and floodplain complexes. Rigorous scenic buffers should be required along the. Hudson River sites. R - 40/80 Areas outside of the currently proposed regional municipal sewer service area, which should be developed at R - 80 if that area is not extended to them, but which should be permitted a density of R-40 if a link is made to the regional municipal (or other system consistent with the Town sewer and water plan). These areas are not as environmentally sensitive as the R-80, and in western Wappinger tend to be surrounded by existing higher densities. R-40: These zones cover either existing developed areas outside the proposed regional sewer system service area, areas within the proposed regional sewer system service area, or small undeveloped tracts in transitional areas adjacent to higher density developments (such as Chelsea). If within the proposed sewer service area, these sites should only be developed if tie-ins to the regional system are provided. R-20/40 Areas within the sewer service area that have either already been developed at this density or, because of their proximity to Route 9, the Village of Wappingers Falls, or other higher density areas, are appropriate sites for R-20 densities as long as they connect to the regional sewer system. R-20: Areas that have already been fully developed at this overall density. R-15: Existing R-15 areas that have been developed at this overall density. R-10: Existing R-10 areas that have been developed at this overall density. 2 L 305.2 Intent of mapping various non-residential districts: CC- Conservation Commercial: Intent: To permit commercial use of strategically located sites that have sensitive environmental features (wetlands, floodplains, steep slopes along stream corridors) at densities and under performance standards that will preserve those resources. No filling or building construction shall be permitted in wetlands areas, 100 -year flood plains, or stream corridors and ravines in this zone. COP - Conservation Office Park Intent: To permit office/research use of strategically located sites that have sensitive environmental features (wetlands, floodplains, steep slopes along stream corridors) at densities and under performance standards that will preserve those resources. To encourage development of such areas in campus -style facilities, with access to major highway routes. To provide for more diverse employment opportunities in the Town. No filling or building construction shall be permitted in wetlands areas, 100 -year floodplains, or stream corridors and ravines in this zone. HM - Hamlet Mixed Business Intent: To preserve the historical character, concentrated development pattern, and mixture of uses in existing commercial hamlets particularly Hughsonville & Swartoutville, by encouraging restoration, re -use, and visual improvement of existing structures. MU - Mixed Use District Intent: To encourage the limited development of mixed use nodes of commercial and residential development in a "village green" type setting, in order to increase the availability of moderate priced rental housing, allow a limited increase in neighborhood commercial services and reduce traffic congestion on major roads. HD - Highway Design District Intent : to encourage landowners and developers to help improve the function of the Route 9 corridor by allowing an increased density for lots over 5 acres, provided that access points to Route 9 are minimized. The uses are similar to those allowed in the HO - Highway Office District, designed to discourage automotive uses and strip retail development, and encourage development of office uses that can help diversity the town's economic base. 44 310. Zoning Map Said district are bounded and defined as shown on the map titled, "Zoning Map of the Town of Wappinger, New York," prepared by Raymond H. Arnold, Planning Consultant, dated July 31, 1990, which map, with all the explanatory matter thereon, is hereby made a part of this Ordinance. 320. Interpretation of District Boundaries Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply: 321. District boundary lines are intended to follow lot lines or the center line of streets, rights-of-way, or water courses, or be parallel or perpendicular thereto, unless such district boundary lines are indicated by dimensions show on the zoning map. 322. Where district boundary lines divide a lot or unsubdivided property the location of any such boundary, if not indicated by dimensions, shall be determined by the use of the map scale appearing thereon. 323. Where such boundaries are indicated as approximately following the property lines of parks, or other large public holdings, such lines shall be construed to be such boundaries. 324. Where district boundaries are so indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water the mean high water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high water line and the body of water thereof. 325. Any boundary extending into the Hudson River or other bodies of water bordering the Town shall be deemed to extend to the boundary of the Town, unless otherwise indicated. 326. If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district. 330. Lots in Two or More Districts or Municipalities Where a lot is divided by one or more zoning district or municipal boundary lines, each portion of such lot, and any building or land use established thereon, shall comply with the regulations of the district in which it is located. 340. Order of Restrictiveness For purposes of these regulations, where residence districts are referred as "more restrictive" or "less restrictive", the designation shall refer the order in which residence districts are set forth in Section 300, the first named being the most restrictive. XA l 411.8 Lots Made Non -Conforming by Future Amendment 411.81 When and where the required area or dimensions of lots may be changed by future amendment of this Ordinance, any legal lot existing at that date and made non -conforming by such amendment, may be built upon subject to the limitations contained in Section 411.7 herein. 411. Exemptions: In consideration of the efforts put forth by applicants curr ntly actively processing applications before the Planning Board, conformin to provisions of the existing ordinance together with the consistent & cone ed actions by the Town Board to revise the present ordinance into confo ance to the adopted Comprehensive Plan, and in further consideration of the n cessary lead time for provision of public sewering in the various sections of he Town, the following applications are declared exempt from the provision of the proposed amendments for a period of one year from the effective date of doption of the amendments: Subdivisions: PRELIMINARY .ATS approved prior to August 27, 1990 Site Plans: Application on or�fter February 27, 1990 and a Negative Declaration ad*?ted prior to August 27, 1990 or a DEIS accepted for Completfvness prior to August 27, 1990. 411.83 The exemptions listed in Sectlqn 411.82 are valid, not withstanding contrary provisions of Section 265a of the Town Law which this Section 411.82 supersedes to the extent that same is inconsistent. t R Section 911.82 Amendments): Fxemptions for certain parcels (1990 `- In consideration of the efforts and expenditures made in furtherance of applications to the Planning Board for site plan approval or subdivision approval submitted prior to August 27, 1990, together with consideration for the concerted actions of the Town Board to revise the present Zoning Ordinance to conform with the Comprehensive Plan adopted on August 8, 1988, and in further consideration of the pending construction of public sewers to serve various sections of the Town, which construction was considered by the Planning Board in granting a number of preliminary subdivision approvals, parcels for which applications for site plan approval or subdivision approval pending before the Planning Board shall be exempt from the amendments adopted by Local Law No. of 1990, as follows: (A) Parcels for which an application for site plan is pending shall be exempt on the following conditions: (1) The application with all required submissions has been filed with the Zoning Administrator on or before August 27, 1990, AND EITHER (a) the Planning Board Motion/Resolution approval prior to X2 has adopted a granting final site plan January 1, 1991, (b) the Planning Board has adopted a Motion/Resolution issuing a Negative Declaration of Significance prior to January 1, 1991, �*W (c) the applicant has submitted a Draft Environmental Impact Statement DEIS and the Planning Board has adopted a Motion/Resolution accepting the DEIS as complete prior to January 1, 1991. (B) Parcels for which an application for subdivision approval is pending shall be exempt on the following conditions: (1) The application with all required submissions has been filed with the Zoning Administrator on or before August 27, 1990, �" AND EITHER 14 0 416.62 Permanently Mounted Free Standing Signs Not more than one (1) free standing sign, mounted in such manner as to constitute a permanent fixed installation, no taller than ten (10) feet, composed of no more than two (2) back-to-back faces, along each street on which the lot abuts, shall be allowed provided that the aggregate area of each such sign shall not exceed one (1) square foot for each linear foot of building facing the street or twenty-five (25) square feet, whichever is smaller. A corner lot shall be allowed one (1) free standing sign of such design or construction so as to be viewed from more than one direction. A free standing sign shall not be located closer than twenty-five (25) feet from any front, side or rear lot line. One additional sign, of similar dimension, shall be allowed in the case of commercial development consisting of two structures separated by at least 25 feet and located more than 125 feet from the front lot line. 7 Section 420. District Regulations 420.1 The following sections lists and defines the uses of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, maximum densities allowed and other matters for the districts established by this chapter. The regulations listed for each district, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. 420.2 It is the intention that the uses set forth for each district shall not be permitted uses in following districts, unless allowed specifically or by reference as permitted uses in said following district. Only those uses listed for each district as being permitted shall be permitted. Uses not listed specifically or by reference as being permitted in a district shall be deemed a nonpermitted use in that district 421. Schedule of Regulations for Residential Districts (Attached) 422. Schedule of Regulations for Non -Residential Districts (Attached) L Section 421 - Residential Zones - Use and Bulk Regulations 421.1 Permitted by Right - Single Family Residential Zones -80; R-40/80; R-40; R-20/40; R-20; R-15; R-10 he following uses are allowed by right as Permitted Principal Uses: 1. One Family detached dwellings, not to exceed one dwelling on each lot. 2. Buildings, structures and uses, with the exception of garages & dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 3. Public Schools GJ' 421.2 Permitted by Special Permit - Single Family Residential Zones "R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-10 /O The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Places of worship, including parish houses and religious schools (Section 446.801) 2. Colleges; private schools (Section 446.802) 3. Not-for-profit libraries and/or museums (Section 446.803) 4. Farm and/or nursery uses, including accessory farm produce stand and/or greenhouse, (Section 446.601). 5. Temporary outdoor stands for the sale and display of field and garden crops grown on the premises (Section 446.804). 6. Guest House and/or Caretakers cottage (Section 446.806) (on lots of at least 10 acres) 7. Temporary Structures (Section 415.31). 8. Nursing and/or convalescent homes, (Section 446.809) NOT INCLUDING INSTITUTIONS FOR THE MENTALLY ILL OR FACILITIES FOR THE TREATMENT OF DRUG OR ALCOHOL ADDICTION. 9. Riding academies, stables, animal hospitals, and dog kennels, ON LOTS OF A LEAST 10 ACRES. (Section ASS04AP *06.6/7) 10. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL, (Section 442). 11. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443) 12. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN BOARD APPROVAL 13. Landfilling, regrading, and removal of earth material, SUBJECT TO TOWN BOARD APPROVAL, (Section 441). 14. Public utilities, including transmission and distribution lines 15. Private, community or fraternal recreation clubs (Section 446.807). 16. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD APPROVAL (SECTION 426). 17. Accessory Apartments, incidental to the permitted main use (Section 445) 18. Temporary Housing unit (such as ECHO) incidental to the permitted main use (Section 446.805). 19. Office use, of a Professional, technical and/or personal service nature, in a residential structure when conducted by a resident thereof (Section 446.501). 20. Studio use, for an artist, music and/or dance teacher, in a residential structure when conducted by a resident thereof (Section 446.501). 21. Bee keeping (Section 424). 22. Conversion of an existing dwelling built prior to 1962 and having a usuable floor area of not less than 3,000 square feet for a two-family or multi -family residence (Section 446.701) 23. Private camps for seasonal residents (Section 446.808) 24. Storage of more than ONE auto trailer, unoccupied mobile home trailer, boat, or other unregistered vehicle, PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES �- SUCH STORAGE AREA SHALL COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN NO CASE SHALL IT BE PERMITTED IN THE FRONT YARD. 25. Bus passenger shelter 26. Family Day Care Home (Section 446.819). /O Section 421.3 - Permitted Accessory Uses - Single Family Residential Zones R-80; R-40/80; R-40; R-20/40; R-20; R-15; R-10 The following uses or structures customarily incidental to any permitted principal use are allowed in the listed Single -Family Residential zones, subject to the requirements/conditions set forth in the noted sections, provided that such accessory use shall: NOT INCLUDE ANY ACTIVITY COMMONLY CONDUCTED FOR GAIN (EXCEPT AS HEREINAFTER EXCEPTED) NOR ANY PRIVATE (WALK OR) WAY GIVING ACCESS TO SUCH ACTIVITY, unless such "way" is shown on a Site Plan of Development approved by the "Approving Authority". Accessory buildings may not be erected on the lot prior to the erection of the principal building 1. "Home Occupation" as defined in Section 200 2. Off-street parking facilities for the use of residents of the premises and their guest in accordance with Section 470 3. Signs as provided in Section 416 4. The renting of rooms to not more than two persons not members of the resident family. 5. Storage of ONE each auto trailer, one unoccupied recreational vehicle, one boat, or other single unregistered vehicle, PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES SUCH STORAGE AREA SHALL COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN NO CASE SHALL IT BE PERMITTED IN THE FRONT YARD. 6. Swimming pools or other accessory recreational facilities for the use of the residents of the premises and their guests as regulated in Section 413.5. 7. Garden house, pool house, play house or greenhouse incidental to the residential use of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT ANY SUCH STRUCTURE COMPLIES WITH ALL YARD AND SETBACK REQUIREMENTS FOR BUILDINGS. 8. The keeping of horses and/or farm animals, properly restrained, for the use of residents and their guest, ON A LOT OF AT LEAST FOUR (4) ACRES, PROVIDED: a. NOT LESS THAN TWO (2) ACRES OF PASTURE LAND IS AVAILABLE FOR EACH ANIMAL, except that the off -spring of an animal may be kept with its mother for a period not to exceed one (1) year. b. All animal feed is stored in rodent -proof containers. 9. Private kennel, on a lot of at least two (2) acres 10. Not more than 2 electronic(radio) receiving/transmitting towers in accordance with Section 414 11. Satellite Dish Antenna in accordance with the provisions of Section 415.4 Section 421.4 Two -Family Residential Zones R2F Che following uses are allowed by right as Permitted Principal Uses: i1. One Family detached dwellings, not to exceed one dwelling for each 15,000 sf of lot area. 2. Two Family detached dwellings at a density of 4 (density) units per acre 3. Buildings, structures and uses, with the exception of garages & dumps, owned or operated by the Town of Wappinger, or any other governmental entity or_district. 4. Public Schools The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Places of worship, including parish houses and religious schools (Section 446.801) 2. Colleges; private schools (Section 446.802) 3. Not-for-profit libraries and/or museums (Section 446.803) 4. Farm and/or nursery uses, including accessory farm produce stand and/or greenhouse, (Section 446.601). 5. Temporary outdoor stands for the sale and display of field and garden crops grown on the premises (Section 446.804). 6. Guest House and/or Caretakers cottage (Section 446.806) (on lots of at least 10 acres) 7. Temporary Structures (Section 415.31). 8. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL, (Section 442). 9. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443) 10. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN BOARD APPROVAL 11. Landfilling, regrading, and removal of earth material, SUBJECT TO TOWN BOARD APPROVAL, (Section 441). 12. Public utilities, including transmission and distribution lines 13. Private, community or fraternal recreation clubs (Section 446.807). 14. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD APPROVAL (Section 426) permitted accessory use 1. Single family dwelling unit incidental to permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 /Z Rection 421.5 Multi -Family Residential Zones RMF -3; RMF -5 The following uses are allowed by right as Permitted Principal Uses: 1. One Family detached dwellings, not to exceed one dwelling for each 15,000 sf of lot area. 2. Two or multi -family dwellings at the maximum density allowed in Section 421.5 3. Buildings, structures and uses, with the exception of garages & dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 4. Public Schools The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Places of worship, including parish houses and religious schools (Section 446.801) 2. Colleges; private schools (Section 446.802) 3. Not-for-profit libraries and/or museums (Section 446.803) 4. Farm and/or nursery uses, including accessory farm produce stand and/or greenhouse, (Section 446.601). 5. Temporary outdoor stands for the sale and display of field and garden crops grown on the premises (Section 446.804). 6. Guest House and/or Caretakers cottage (Section 446.806) (on lots of at least 10 acres) 7. Temporary Structures (Section 415.31). 8. Designed Residential Use Development, SUBJECT TO TOWN BOARD APPROVAL, (Section 442). 9. Mobile home parks SUBJECT TO TOWN BOARD APPROVAL (Section 443) 10. Sewage treatment plants or water supply facilities, SUBJECT TO TOWN BOARD APPROVAL: 11. Landfilling, regrading, and removal of earth material, SUBJECT TO TOWN BOARD APPROVAL, (Section 441). 12. Public utilities, including transmission and distribution lines 13. Private, community or fraternal recreation clubs (Section 446.807). 14. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO TOWN BOARD APPROVAL (Section 426) permitted accessory use 1. Single family dwelling unit incidental to permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 +. Signs in accordance with the provisions of Sect 416.5 Exterior lighting in accordance with the provisions of Sect 415.1 /3 Section 421.6 BULK REGULATIONS ALL RESIDENTIAL DISTRICTS DISTRICT: R80 R40/80 R40 R20/40 R20 note (A) note (A) REGULATION Minimum lot size: Area (sq ft unless noted) Town of Wappinger NY R15 RIO R -2F RMF -3 RMF -5. with public water 6 sewer 80,000 40,000 40,000 20,000 20,000 15,000 10,000 /f v.o 15,000 15,000. with public water or sewer .60,000 30,000 15 ac. 10 ac. w/o public water b sewer 80,000 40,000 15 ac. 10 ac. Width (feet) 200 (A) 125 (A) 100 85 60 SS 100 100 Depth (feet) 200 (A) 125 (A) 125 100 80 /CO 150 150 Maximum Density Units/acre - - - - - - - 3 5 Minimum Yard (feet) Front County/State highway 75 75 75 75 75 75 75 71r 75 75 c/1 street 75 75 75 75 60 60 40 449 75 75 from front lot line 50 50 50 50 35 35 15 SS 50 50 Side 40 40 25 25 20 15 12 /s 50 25 accessory building less than 15 ft in height 10 10 10 10 10 5 5 S 10 10 Rear 50 50 50 50 40 30 25 30 50 50 accessory building less than 15 ft in height 10 10 10 10 10 5 5 S 10 10 Maximum Building Height: Stories 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2 s 3 3 . Height (feet) 35 35 35 35 35 35 35 3S 35 35 . Maximum Building Coverage (X) 10 10 12 12 15 20 25 to 10 15 . Floor Area Ratio: - - - - - - - J.'3 0.3 0.45 ADDITIONAL Notes/Requirements: Plans of development in all districts must conform to the following sections: Section 419 (Wetlands b Steep Slopes); Section 470 (Off-street Parking 6 Loading); Section 415.2 (Buffer Areas); Section 460 (Flood Prone Area) 9 (A) The purpose of these district is to allow the development at a higher density when public (or common) sewer and/or water supply is used. The following lot widths and yard requirements are required* lot Front Side Rear width yard yard yard Lot size (feet) (feet) (feet) (feet) (sq. ft) 80,000 200 50 40 50 60,000 150 50 30 50 40,000 125 50 25 50 30,000 115 40 20 45 20,000 100 35 20 40 1--4— D S'ection 422.1 NB - NEIGHBORHOOD BUSINESS The following uses are permitted by right as Permitted Principal Uses; subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Places of worship, including rectory, parish house, and religious school (Section 446.801) 3. Professional, banking, business or governmental office, not exceeding 10,000 sq ft in total area. 4. Stores and shops for the conduct of retail business of a neighborhood or community nature, not exceeding 6,000 sq ft. 5. Restaurant or other places serving food or beverages, but not including "fast food establishments" with a "drive-thru facility". 6. Personal service business, such as, but not limited to, copy center, hairdressers, shoemakers, tailors or cleaners, serving the community directly. 7. Funeral homes (Section 446.810) 8. Day care center/day nursery (Section 446.811) 9. Library, museums, art gallery (Section 446.803) 10. Temporary Outdoor Sales, in accordance with the provisions of Section 446.804. The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Public Garage subject to the provisions of Section 444. 2. Gasoline filling station subject to the provisions of Section 444 3. Private, community or fraternal recreation clubs (Section 446.807) 4. Neighborhood scale Recreational uses. Subject to approval by Town Board. 5. Conversion of existing large residential structure (Section 446.701) permitted accessory use 1. Single family dwelling unit incidental to, and located in the same structure as the permitted use. 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 14 Section 422.2 GB - GENERAL BUSINESS The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Places of worship, including rectory, parish house, and religious school (Section 446.801) 3. Professional, banking, business or governmental office, not exceeding 10,000 sq ft in total area. 4. Stores and shops for the conduct of retail business of a neighborhood or community nature, not exceeding 6,000 sq ft. 5. Restaurant or other places serving food or beverages, but not including "fast food establishments" with a "drive-thru facility". 6. Personal service business, such as, but not limited to, copy center, hairdressers, shoemakers, tailors or cleaners, serving the community directly. 7. Funeral homes (Section 446.810) 8. Day care center/day nursery (Section 446.811) 9. Library, museums, art gallery (Section 446.803) 10. Temporary Outdoor Sales, in accordance with the provisions of Section 446.804. The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Public Garage subject to the provisions of Section 444. 2. Gasoline filling station subject to the provisions of Section 444 3. Private, community or fraternal recreation clubs (Section 446.807) 4. Neighborhood scale recreational uses, Subject to approval by Town Board 5. Conversion of existing large residential structure (Section 446.701) 6. Contractor's lumber supply yard/wholesale lumber sales, on sites of 8 acres or more (Section 446.813). 7. Motel (Section 446.814) permitted accessory use 1. Single family dwelling unit incidental to, and located within the same structure as, the permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 17 Section 422.3 HB — HIGHWAY BUSINESS The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Places of worship, including rectory, parish house, and religious school (Section 446.801) - 3. Day care center/day nursery (Section 446.811) 4. Library, museums, art gallery (Section 446.803) 5. Professional, banking, business or governmental office 6. Stores and shops for the conduct of retail business 7. Restaurant or other places serving food or beverages including "fast food establishments" with a "drive—thru facility", on a lot of at least 2 acres. 8. Personal service business, such as, but not limited to, copy center, hairdressers, shoemakers, tailors or cleaners, serving the public directly. 9. Funeral homes (Section 446.810) 10. Theaters 11. Health, exercise or swim club 12. Conversion of existing large residential structures (Section 446.701) 13. Veterinarian's office or hospital facilities without outdoor kennels 14. Temporary Outdoor sales, in accordance with Section 446.804 15. Laundry or dry cleaning establishments serving commercial businesses. 16. Warehousing, on a minimum lot of 2 acres 17. Printing plants. 18. Transportation terminals on a minimum lot of 2 acres 0 I The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Public Garages (Section 444) 2. Gasoline filling stations (Section 444) 3. Motor vehicle dealership, (Section 446.812) 4. Used car automobile sales lot (Section 446.815) 5. Motor vehicle repair and service in fully enclose buildings (Section 446.816) 6. Private, community or fraternal recreation clubs (Section 446.807) 7. Recreational uses (SUBJECT TO TOWN BOARD APPROVAL Section 426) - not listed by right including: Recreational use development, such as swimming, racquet sports, health clubs, skating rinks etc.; Places of amusement, billiard parlors, bowling alleys, discotheques, etc. 8. Mobile home parks APPROVAL BY TOWN BOARD (Section 443) 9. Outdoor kennels, and/or animal hospitals (with veterinarian's office) on lots of 2 or more acres. (Section 446.817) 10. Design Residential Use Development SUBJECT TO TOWN BOARD APPROVAL (Section 442) 11. Hospitals & Clinics 12. Storage and sale of building materials, plumbing, electrical and similar contractors establishments, provided any outdoor storage is suitably screened from streets and adjoining properties in accordance to a plan approved by the planning board. 13. Manufacturing, fabricating, finishing or assembling of products for retail sale where goods so produced or processed are to be sold on the premises, provided that no more than 10 workers are engaged in such production or processing. 14. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot area per guest sleeping room & rooms no smaller than 300 sf. 15. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. 16. Self -storage rental warehousing. permitted accessory use 1. Single-family dwelling unit incidental to, and located within the same structure as, the permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 11 /Iq Section 422.4 SC - SHOPPING CENTER note: Multiple attached or detached uses are permitted in this District The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Places of worship, including rectory, parish house, and religious school (Section 446.801) 3. Day care center/day nursery (Section 446.811) 4. Library, museums, art gallery (Section 446.803) 5. Professional, banking, business or governmental office 6. Stores and shops for the conduct of retail business 7. Restaurant or other places serving food or beverages 8. Personal service business, such as, but not limited to, copy center, hairdressers, shoemakers, tailors or cleaners, serving the public directly. 9. Theater, health, exercise or swimming club, 10. Temporary Outdoor sales, In accordance with the provisions of Section 446.804. The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Hospitals & Clinics 2. Private, community or fraternal recreation clubs (SECTION 446.807) 3. Recreational uses, (SUBJECT TO TOWN BOARD APPROVAL) not listed by right including: Recreation use development, such as swimming, racquet sports, health clubs, skating rinks etc.; Places of amusement, such as, billiard parlors, bowling alleys, discotheques, etc. 4. Designed Residential Use Development (SUBJECT TO TOWN BOARD APPROVAL Section 442) 5. Sewage collection system & treatment facilities; Water supply and distribution facilities; (SUBJECT TO TOWN BOARD APPROVAL) 6. Motor vehicle, repair and service in fully enclosed buildings (Section 446.816). permitted accessory use 1. Single-family dwelling unit incidental to a permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 '0;?a Section 422.5 HO - HIGHWAY OFFICE The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Executive and administrative offices for business, governmental or professional use. 2. Buildings, structures and uses owned or operated by the Town of Wappinger, or any other governmental entity or district. 3. Service uses ancillary to office uses, such as copy center, office supply, blueprinting. 4. Places of worship, including rectory, parish house, and religious school (Section 446.801) 5. Day care center/day nursery (Section 446.811) 6. Library, museums, art gallery (Section 446.803) 7. Professional, banking, business, governmental or other offices. 8. Stores and shops for the conduct of retail business (containing a minimum of 1000 sq ft/unit) 9. Restaurant or other places serving food or beverages (EXCLUDING "fast food establishments" with a "drive-thru facility"). 10. Funeral homes (Section 446.810) 11. Theaters 12. Veterinarian's office or hospital facilities without outdoor kennels 13. Warehousing (not self -storage). 14. Printing plants, printing & publication facilities (Section 446.818) The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Designed Residential Use Development (Special use permit by Town Board, subject to Section 442) 2. Sewage Treatment Plants or water supply facilities (Special use permit by Town Board) 3. Public utilities, including transmission and distribution lines. 4. Private, community or fraternal recreation clubs (Section 446.807). 5. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN BOARD (subject TO SECTION 426). 6. Mobile -home parks APPROVAL BY TOWN BOARD (Section 443) 7. Hospitals & Clinics 8. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot area per guest sleeping room & rooms no smaller than 300 sf. 9. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. Permitted accessory use: 1. Single-family dwelling unit incidental to, and located structure as, a permitted use. 2. Any accessory building or use customarily incidental to 3. Off-street parking and loading areas in accordance with of Sect 470. 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of within the same a permitted use. the provisions Sect 415.1 '07/ i Section 422.6 CC - CONSERVATION COMMERCIAL The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Places of worship, including rectory, parish house, and religious school (Section 446.801) 3. Professional, banking, business or governmental office, not exceeding 10,000 sq ft in total area. 4. Stores and shops for the conduct of retail business of a neighborhood or community nature, not exceeding 6,000 sq ft. 5. Restaurant or other places serving food or beverages, but not including "fast food establishments" with a "drive-thru facility". 6. Personal service business, such as, but not limited to, copy centers, hairdressers, shoemakers, tailors or cleaners, serving the community directly. 7. Funeral homes (Section 446.810) 8. Day care center/day nursery (Section 446.811) 9. Library, museums, art gallery (Section 446.803) 10. Temporary Outdoor Sales, in accordance with the provisions of Section 446.804. The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Public Garage subject to the provisions of Section 444. 2. Gasoline filling station subject to the provisions of Section 444 3. Private, community or fraternal recreation clubs (Section 446.807) 4. Neighborhood scale recreational uses. Subject to approval by Town Board 5. Conversion of existing large residential structure (Section 446.701) 6. Motor Vehicle Dealership, on sites of 8 acres or more (Section 446.812). 7. Medical Clinic 8. Motor vehicle service & repair, in fully enclosed buildings (Section 446.816) 9. Sewage collection & treatment system; Water supply & distribution system TOWN BOARD APPROVAL 10. Electrical transmission lines 11. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. permitted accessory use 1. Single family dwelling unit incidental to, and located within the same structure as, the permitted use 2. Any accessory building or use customarily incidental to a permitted use 3. Off-street parking areas in accordance with the provisions of Sect 470 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 aO'� Section 422.7 COP - CONSERVATION OFFICE PARK The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Executive and administrative offices for business, governmental or professional use. 2. Office Park Ancillary Uses: a. Any accessory building customarily incidental to permitted use b. Off-street parking and loading areas in accordance with sect 470. c. Signs d. Storage/maintenance motor vehicles etc. e. Training school for employees f. Lodging g. Central heating & power h. Eating facilities i. Recreational facilities. 3. Day care facilities primarily serving the Conservation Office Park (Section 446.811). 4. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 5. Warehousing (not self -storage). 6. Retail sales, primarily serving the Conservation Office Park. 7. Farm uses, farm produce stand, nursery or greenhouse, (Section 446.601) 9. Temporary stands for the sale and display of field and garden crops grown on the premises (Section 446.804). 10. Private schools & colleges (Section 446.802). The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. 2. Scientific research, engineering or design laboratories. 3. Designed Residential Use Development (Special use permit by Town Board, subject to Section 442) 4. Manufacturing, assembling, or processing of goods, provided that all equipment, materials and all activities shall be stored in fully enclosed buildings. 5. Sewage Treatment Plants or water supply facilities (Special use permit by Town Board) 6. Public utilities, including transmission and distribution lines. 7. Private, community or fraternal recreation clubs (Section 446.807). 8. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN BOARD (SECTION 426). Permitted accessory use: 1. Single-family dwelling unit incidental to a permitted use 2. Any accessory building or use customarily incidental to a permitted use. 3. Off-street parking and loading areas in accordance with the provisions of Sect 470. ( 4. Signs in accordance with the provisions of Sect 416.5 �-' S. Exterior lighting in accordance with the provisions of Sect 415.1 23 Section 422.8 HM - HAMLET MIXED BUSINESS The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. One family detached dwelling not to exceed one dwelling on each lot. 2. Two or three-family dwellings (Section 446.701). 3. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 4. Places of -worship, including rectory, parish house, and religious school (Section 446.801) 5. Private school (Section 446.802). 6. Professional, banking, business or governmental office, not exceeding 4,000 sq ft in total area, nor 2,000 sq ft/floor. 7. Stores and shops for the conduct of retail business of a neighborhood or community nature, not exceeding 2,000 sq ft in total area. 8. Restaurant or other places serving food or beverages, but not including "fast food establishments" with a "drive-thru facility". 9. Personal service business, such as, but not limited to, copy centers, hairdressers, shoemakers, tailors or cleaners, serving the community directly. 10. Library, museums, art gallery (Section 446.803) 11. Temporary Outdoor Sales, in accordance with the provisions of Section 446.804. 12. Craft/artisan studio and/or shop. 13. Funeral homes (Section 446.810) 14. Day care center/day nursery (Section 446.811) 15. Conversion of existing large residential structure (Section 446.701) 16. Bed & Breakfast establishment 17. Agricultural uses. 18. Theater The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Public garage subject to the provisions of Section 444. 2. Gasoline filling station subject to the provisions of Section 444. 3. Motor vehicle service & repair in fully enclosed buildings (Section 446.812) 4. Private, community or fraternal recreation clubs (Section 446.807) 5. Neighborhood scale recreational uses. Subject to approval by Town Board 6. Medical clinic 7. Sewage collection & treatment system; Water supply & distribution system TOWN BOARD APPROVAL 8. Electrical transmission lines 9. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. 10. Accessory apartments, incidental to main use (Section 445). 11. Temporary housing unit (such as ECHO) incidental to the permitted main use (Section 446.805). 12. Nursing homes and alternative care facility (Section 446.809). 13. Storage of more than one auto trailer, unoccupied mobile home trailer, boat, or other unregistered vehicle, PROVIDED SUCH TRAILER, BOAT, OR OTHER UNREGISTERED VEHICLES ARE EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES. SUCH STORAGE AREA SHALL �- COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN NO CASE SHALL STORAGE BE PERMITTED IN THE FRONT YARD. L permitted accessory use 1. "Home Occupation" as defined in Section 200 2. Off-street parking facilities for the use of residents of the premises and their guest in accordance with Section 470 herein. 3. Signs as provided in Section 416 4. The renting of rooms to not more than two persons not members of the resident family. 5. Storage of ONE each auto trailer, one unoccupied recreational vehicle, one boat, or other single unregistered vehicle, PROVIDED SUCH TRAILER, BOAT, OR OTHER SINGLE UNREGISTERED VEHICLE IS EFFECTIVELY SCREENED FROM ADJOINING PROPERTIES SUCH STORAGE AREA SHALL COMPLY WITH ALL MINIMUM YARD SETBACK REQUIREMENTS FOR BUILDINGS, BUT IN NO CASE SHALL IT BE PERMITTED IN THE FRONT YARD. 6. Swimming pools or other accessory recreational facilities for the use of the residents of the premises and their guests as regulated in Section 413.5. 7. Garden house, pool house, play house or greenhouse incidental to the residential use of the premises AND NOT OPERATED FOR PROFIT, PROVIDED THAT ANY SUCH STRUCTURE COMPLIES WITH ALL YARD AND SETBACK REQUIREMENTS FOR BUILDINGS. 8. Bus passenger shelter. 9. Radio receiving/transmitting towers in accordance with Section 414 10. Satellite Dish Antenna in accordance with the provisions of Section 415.4 11. Exterior lighting in accordance with Section 415.1 �S/ SECTION 422.9 AI - AIRPORT INDUSTRY The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Buildings, structures and uses, with the exception of garages and dumps, owned or operated by the Town of Wappinger, or any other governmental entity or district. 2. Professional, banking, business or governmental offices 3. Municipal airport 4. Aircraft sales or rental 5. Aviation related, flight, ground and/or maintenance school 6. Automobile rental service/storage. 7. Transportation terminal 8. Restaurant or other place serving food or beverages, incidental to airport operation. (not including "fast food establishment" with a drive-thru facility). The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Warehousing or storage business, not to include plumbing, electrical, or similar contractors establishment. 2. Contractors office, storage and sale of building materials, plumbing, electrical and similar contractors establishments, provided any outdoor storage is suitably screened from streets and adjoining properties in accordance to a plan approved by the planning board. 3. Manufacturing, fabricating, finishing or assembling of products 4. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot area per guest sleeping room & rooms no smaller than 300 sf. 5. Self -storage rental warehousing. 6. Health, exercise or swim club permitted accessory uses: 1. Any accessory building or use customarily incidental to permitted use. 2. Off-street parking and loading areas in accordance with the provisions of Sect 470. 3. Signs in accordance with the provisions of Sect 416.5 4. Exterior lighting in accordance with the provisions of Sect 415.1 422.10 PI - PLANNED INDUSTRY ( 5 ACRE) The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Executive and administrative offices for business, governmental or professional use. 2. Scientific research, engineering or design laboratories, provided no hazardous waste are produced. 3. Light manufacturing, assembling, or processing of goods, provided that all equipment, materials and all activities shall be stored in fully enclosed buildings, and no hazardous waste are produced. 4. Warehousing (not self -storage). 5. Day care facility primarily serving the Industrial park. (Section 446.811) The following uses are allowed by Special Permit of the Planning Board, except as noted, under the provisions of Section 430 & 440, and subject to the additional requirements/conditions set forth in the noted section: 1. Places of amusement or recreation, such as tennis or swimming club, roller or ice skating rink, an bowling alleys. permitted accessory uses 1. Any accessory building or use customarily incidental to permitted use. 2. Off-street parking and loading areas in accordance with the provisions of Sect 470. 3. Signs in accordance with the provisions of Sect 416.5 4. Exterior lighting in accordance with the provisions of Sect 415.1 Section 422.11 MU - MIXED USE DISTRICT The following uses are permitted by right as Permitted Principal Uses, subject to the requirements/conditions set forth in the noted sections: 1. Grouping of attached or detached structures, containing a mix of residential dwelling units and one or more of the following commercial uses: Retail sales, personal or business service establishments, professional or business offices & banks. 2. Restaurants or other places serving food or beverages, but not including "fast food establishments" with "drive-thru facility" 3. All uses are subject to the requirements and provisions of Section 446.101 and require Site Plan approval by the Planning Board [as set forth in Section 450] l� Section 422.12 HD - HIGHWAY DESIGN District MINIMUM LOT SIZE - 5.0 acres Purpose of this district is to coordinate planning & consolidate development of the properties abutting Route 9 by providing an increase in allowable densities with a corresponding decrease in unlimited access to the state Highway. Use Regulations: 1. The uses to be allowed in this district will be the same uses allowed in the HO - Highway Office District. They are listed below. 2. All uses are subject to the requirements and provisions of Section 446.101 and require Site Plan approval by the Planning Board [as set forth in Section 4501 Allowed by right L a9 1. Executive and administrative offices for business, governmental or professional use. 2. Buildings, structures and uses owned or operated by the Town of Wappinger, or any other governmental entity or district. 3. Service uses ancillary to office uses, such as copy center, office supply, blueprinting. 4. Places of worship, including rectory, parish house, and religious school (Section 446.801) 5. 6. Day care center/day nursery (Section 446.811) Library, museums, art gallery (Section 446.803) ( 7. Professional, banking, business, governmental or other offices. 8. Stores and shops for the conduct of retail business (containing a minimum of 1000 sq ft/unit) 9. Restaurant or other places serving food or beverages (EXCLUDING "fast food establishments" with a "drive-thru facility"). 10. Funeral homes (Section 446.810) 11. Theaters 12. Veterinarian's office or hospital facilities without outdoor kennels 13. Warehousing (not self -storage). 14. Printing plants, printing & publication facilities (Section 446.818) L a9 Section 422.12 page 2 of 2 Permitted accessory use: 1. Single-family dwelling unit incidental to, and located within the same structure as, a permitted use. 2. Any accessory building or use customarily incidental to a permitted use. 3. Off-street parking and loading areas in accordance with the provisions of Sect 470. 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 59 HD - HIGHWAY DESIGN District MINIMUM LOT SIZE = 5.0 acres by Special use permit: 1. Designed Residential Use Development (Special use permit by Town Board, subject to Section 442) 2. Sewage Treatment Plants or water supply facilities (Special use permit by Town Board) 3. Public utilities, including transmission and distribution lines. 4. Private, community or fraternal recreation clubs (Section 446.807). 5. Recreation use development, including swimming, racquet sports, health clubs, skating rinks, etc., SUBJECT TO SPECIAL PERMIT APPROVAL BY THE TOWN BOARD (subject TO SECTION 426). 6. Mobile home parks APPROVAL BY TOWN BOARD (Section 443) 7. Hospitals & Clinics 8. Hotel, motel or tourist home, provided there shall be 2,500 sf of lot area per guest sleeping room & rooms no smaller than 300 sf. 9. Radio, television or other electronic transmission/receiving structure, exceeding limits set forth in Section 414. Permitted accessory use: 1. Single-family dwelling unit incidental to, and located within the same structure as, a permitted use. 2. Any accessory building or use customarily incidental to a permitted use. 3. Off-street parking and loading areas in accordance with the provisions of Sect 470. 4. Signs in accordance with the provisions of Sect 416.5 5. Exterior lighting in accordance with the provisions of Sect 415.1 59 Section 422.25 BULK REGULATIONS ALL NON-RESIDENTIAL DISTRICTS Town of Wappnger NY DISTRICT NB GB HB SC HO CC COP HM AI fir- my ND Minimum lot size: Area (sq ft or acre) none 15,000 sf 2 acre 10 acres 1 acre 1 acre 10 acres (A) 2 ac Say 2 S Width (feet) 100 100 150 500 150 100 500 50 200 3•,a 3 0v 300 Depth (feet) !00 150 200 500 200 100 500 80 200 +j0� ap0 $oa Street Frontage (feet) 100 100 150 300 150 l00 300 50 150 /S0 300 300 Minimum Yard (feet) Front County/State highway 75 75 75 75 75 75 75 75 75 i� from c/1 street 50 50 75 125 75 50 175 40 125%''s 2.S from front lot line 25 25 50 l00 50 25 150 LS 100 fp •S�'66 Side 20 20 l0 50 10 !0 50 12 50 �o /v accessory <15ft high 20 20 10 50 l0 10 50 5 50 '•"V /v abutting residential where a lot line abuts land in a residential district, the most restrictive setback requirement of either district shall govern. Rear 30 30 30 50 30 30 50 25 50 30 A0 .tv accessory <15' high 30 30 30 50 30 30 50 5 50 3a /v O abutting residential where a lot line abuts land in a residential district, the most restrictive setback requirement of either district shall govern. Maximum Building Height: '�• S 2 S '�• S Stories Height (feet) 2.5 35 2.5 35 2.5 35 2.5 35 2.5 35 2.5 35 2.5 35 2.5 35 2.5 35 , ;,^ 95 Maximum Building 30 Coverage: (X) 20 25 25 20 25 20 15 25 20 30 O•% G.s Maximum Floor Area Ratio: 0.3 0.4 0.4 0.3 0.4 0.2 0.2 0.5 0.3 Maximum impervious surface M 75 75 75 75 75 40 40 50 75 Minimum landscaped open space 25 25 25 25 25 60 60 50 25 Minimum Parking setback (ft) from front lot line 20 ;to .20 from side and rear lot line 10 • /o /v (A) Min. Lot area/residential unit = 25,000 sf, unless served by central sewer system consistent with Town water and sewer management plan, in which case the requirement is reduced to 10,000 sf/unit \� W Section 422.25 (continued) BULK REGULATIONS ALL NON-RESIDENTIAL DISTRICTS Town of Wappnger NY ADDITIONAL Notes/Requirements Plans of development in all districts must conform to the following sections: Section 419 (Wetlands & Steep Slopes) Section 470 (Off-street Parking & Loading) Section 415.2 (Buffer Areas) Section 460 (Flood Prone Area) In NB & GB Districts: Multiple attached & detached uses shall be permitted subject to the prior issuance of a Special Use Permit In HB Districts: Two uses shall be permitted in an HB zone where said one use is a business to be operated by an owner -resident of said parcel; however in no instance shall there be more than one residential use for said parcel. In SC Districts: Multiple attached or detached uses shall be permitted. ��L 423. Multi -Family Residence District In an RMF District, all multi -family uses shall be subject to site plan approval in accordance with Section 450 of this Ordinance and the following special requirements: 423.1 Minimum Site Area The lot upon which such dwelling units shall be constructed shall have an area of not less than fifteen (15) acres in the RMF -3 District and ten (10) acres in the RMF -5 District, except when located within and served by a public water and sewer district of the Town of Wappinger, in which case the minimum lot area shall be 15,000 square feet. Section 411.7, Existing Undersized Lots, does not apply to Multi -Family Residence Districts. 423.2 Water and Sewerage Facilities 423.21 Where, in the opinion of the Planning Board, con- nections to existing facilities are possible and warranted, sanitary sewers and/or water mains shall be connected to such existing facilities in the manner prescribed by regulation of the appropriate sewer, water, fire district or other agency having jurisdiction. 423.22 Where connection to existing off-site water or sew- erage facilities is not possible, or not warranted, a central water supply and sewage treatment system shall be designed and constructed to serve all dwelling units in accordance with the standards and subject to the approval of the Dutchess County De- partment of Health and the appropriate State and Federal agencies. 423.23 Where future service by off-site water and/or sewage systems is planned, all on-site water and sewer facilities shall be designed and located in such a way as to readily permit their connection and/or conversion to the off-site systems at such time as they are constructed. 33 423.3 Open Space and Recreation Area At least fifty percent (50%) of the gross area of the site shall be preserved as permanent open space, free of buildings and parking areas, and shall be landscaped or left in its natural state in accordance with plans approved by the Plan- ning Board. Within such common open space areas, a total of not less than 300 square feet per density unit shall be improved with common recreational facilities, such as swimming pools, tennis, basketball, volleyball and shuffle- board courts, playground equipment, etc., for the use of the residents of the premises and their guests, which facilities shall not be operated for profit. 423.4 Required Parking Parking spaces shall be provided in number and design accord- ing to the provisions of Section 470 of this Ordinance. 3V- 424. Beekeeping 424.1 All persons starting a beekeeping operation shall have worked with an experi- enced beekeeper for no less than eighty (80) hours or have an equivalent educational certificate. 424.2 Each beekeeper shall register his beekeeping operation with the State Department of Agriculture as required by State Law. 424.3 A beekeeper shall not create or maintain an unsafe or hazard- ous condition to the community. If such a complaint is re- gistered with the Town Zoning Administrator, the Town can request an investigation by the State Bee Inspector or local recognized bee authority, to help render a decision. If the beekeeper is found in fault, corrections or removal must be made in accordance with the inspection report within a sixty (60) day period. L� 3S Section 425. - Planned Unit Development District 425.1 Intent The Planned Unit Development (PUD) District is hereby estab- lished to provide balanced neighborhoods offering a wide range of land use activities, individual employment opport- unities, shopping facilities, housing in various forms, and recreational facilities. It offers increased opportunities for flexible land use and design regulations designed to satisfy Wappinger's residential and non-residential needs, at a pace and balance commensurate with the general rate of Town growth and in a manner consistent with the environmental capabilities of individual sites to support such residential and non-residential uses, all in furtherance of the basic policies and objectives as set forth in the adopted Town Development Plan. 425.2 Objectives The•establishment of a Planned Unit Development District will be to further encourage the following subjectives: 425.21 The establishment of areas in which diverse uses may be brought together as a part of a compatible and unified plan of development -which shall be in the interest of the general welfare of the Town; 425.22 An environment of stable character in harmony with surrounding development, and a more desirable en- vironment than would be possible through the strict application of other Sections of this Ordinance; 425.23 A creative approach to the use of land and related physical development; ESPECIALLY OF LARGE TRACTS CLOSE TO GROWTH CENTERS AND MAJOR TRANSPPORTATION CORRIDORS IN THE TOWN 425.24 A maximum choice in the types of environment and living accommodations available to the public at all economic levels; 425.25 The more efficient use of those public facilities required in connection with new development; 425.26 An efficient, aesthetic and desirable use of open space, the provision of permanent open space net- works throughout the town. 425.27 Special consideration of property with unique features, including but not limited to , historical significance, unusual topography, landscape -�, amenities, size and shape; 425.28 A pattern of development which preserves trees, outstanding topography and geological features, and prevents soil erosion. ,34 425.3 Eligibility Requirements 425.31 Minimum Area The minimum area requirement to qualify for a Planned Unit Development District shall be seventy-five (75) contiguous acres of land, except that where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, the Town Board may consider projects with less acreage. 425.32 Ownership The land proposed for a Planned Unit Development may be owned by one or more persons or corporations, but shall be combined into a single contiguous parcel of land at or prior to the time of application to the Town Board. The applications shall be jointly sub- mitted by all owners and, if approved, shall be jointly binding on all of them. 425.33 Location and Access Planned Unit Development Districts shall be permitted only in areas presently containing a combination of residential and non-residential zoning districts, or planned for a combination of such uses in accordance with the Town Comprehensive Plan. Planned Unit Developments shall also have frontage on and access to an existing or proposed major road, as shown on the Town Comprehensive Plan. 425.4 Density or Intensity of Land Use The appropriate density or intensity of land use to be per - witted in each Planned Unit Development District and in any section thereof shall be determined in each individual case by the Town Board and specified on the approved General Land Use and Development Plan for the PUD as set forth in Section 425.8. Such determination of land use intensity and of density shall be based upon the recommendation of the Town Planning Board as provided in Section 425.83 and upon a thorough documentation of the nature and potential site and community impact of the proposed development as required to be submitted by the applicant in accord- ance with the provisions of Section 425.81. It is further intended that the permitted maximum intensity of non- residential uses not exceed that which could be permitted in the corresponding conventional zoning use districts and that the maximum gross residential density for the residential or residentially related portion of any Planned Unit Development not exceed that which could be permitted in an R-20 District in accordance with the density unit formula, as set forth in Section 200. 37 425.5 Common Property in the Planned Unit Development Common property in the Planned Unit Development is a parcel or parcels of land together with the improvements thereon, the use and enjoyment of which is shared by the owners and occupants of the individual building sites. When there is to be private ownership of such common property, legal arrangements satisfactory to the Town Attorney must be made for the improvements, operation and maintenance of such common property and facilities, including private streets, drives, service and parking areas, and recreational and open space areas. 425.6 Off -Street Parking and Loading Requirements The minimum off-street parking and loading requirements for any uses or structures in a Planned Unit Development District shall be the same as those stipulated for such uses or structures in Section 470 of this Ordinance. 425.7 Additional Site Development Standards In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site development plan and performance standards of this Ordinance, and of the Subdivision Regulations. Where a conflict between this section and any of the above exists, the former shall govern. 425.8 Application Procedure The application procedure for approval of a Planned Unit Development shall involve the following: (1) Sub- mission of rezoning application, if required, and a proposed General Land Use and Development Plan and Program to the Town Board; (2) Planning Board review and report to the Town Board on the appropriateness of the proposal in the context of the Town Comprehensive Plan, the official map and this Ordinance; (3) Public hearing by the Town Board and action to approve, approve with modifications or disapprove the establishment of the PUD District and the General Land Use and Development Plan, and if the District is established; (4) Planning Board public hearing and decision on the sub- division of land, if any; and (5) Planning Board, Town Engineer, Zoning Administrator, Superintendent of Highways and Town Attorney administrative review of the Site Plan and related documents and agreements for each section of the Planned Unit Development. 313 425.81 Application Requirements The following information shall accompany an app- lication for the establishment of a Planned Unit Development District: 425.811 A proposed General Land Use and Development Plan at a scale of not less than one (1) inch equals two hundred (200) feet indicat- ing the following: (a) Terrain conditions on the property, to include topographic data with a maximum contour interval of five (5) feet, an indication of generalized soil types, and the location of existing water courses, wetlands, wooded areas, major rock outcroppings, and other sign- ificant existing features. (b) A written statement describing the type and intensity of uses proposed within the Planned Unit Development District, and the number of acres devoted to each. (c) A written statement describing the nature of the proposed Planned Unit Development and how it will serve to implement the intent and purposes for such developments, as set forth in this Ordinance. (d) The proposed spatial arrangement of land uses, including the location, nature and general extent of areas to be developed into residential dwelling units, by type; non-residential uses, by type; public, community and/or re- creational facilities; utility service and maintenance facilities; and areas to be preserved as natural open space including an open space system con- sistent with the Town Comprehensive Plan. (e) A map showing the location of the Plan- ned Unit Development District within the general area. (f) The general configuration of streets, roadways, and right-of-way planned to IN serve the Planning Unit Development. (g) A numerical analysis of the development proposal including the total number of dwelling units proposed for inclusion within the development, and the pro- posed breakdown of these units accord - 37 ing to size and type, the total amount of floor area to be devoted to each type of non-residential use, the approximate extent of building and paved area coverage in each section, an analysis of the development proposal in relation to the maximum permitted density (dwelling units per acre) as set forth in the Section. (h) A statement of the proposed method of ownership and maintenance of the land and facilities within the Planned Unit Development. (i) A generalized time schedule and phasing plan for the staging and completion of the Planned Unit Development, including utilities and facilities. (j) An environmental impact statement an- alysing the capabilities of the pro- posed development and the estimated impact which said development is an- ticipated to have upon the surrounding area and the community as a whole. Such a statement shall include an analysis of traffic flow impact, off- site drainage, water supply and sewage disposal, erosion and sedimentation and open space resources. (k) Such other additional information as deemed necessary by the Town Board or the Planning Board to properly study and evaluate the application. 425.812 Application and review fees for the proposed Planned Unit Development shall be required in accordance with the current fee schedule. 425.82 Referrals Upon receipt of a complete application for the estab- lishment of a Planned Unit Development District, the Town Board shall refer such application and accom- panying material to the Planning Board, to the Town Engineer, and to such other boards, agencies or officials as the Town Board may determine appropriate for review and recommendation. 425.83 Planning Board Review Based upon the requirements of this Ordinance and the policies and objectives set forth in the adopted Town Comprehensive Plan, the Planning Board shall review each application referred to it under the provisions of this Section for the purpose of determining the appropriateness of the proposed site for the intended use and, in the case of a favorable determination, the density of development for which such site is suitable. In addition to the requirements of this Ordinance and the Town Comprehensive Plan, such density recommendation shall be based upon a careful consideration and evaluation of the environmental characteristics of the particular site and its re- lationship to surrounding properties and uses. Within sixty (60) days from the date of referral of a completed application from the Town Board, the Planning Board shall submit a written report to the Town Board setting forth its findings and recommend- ations. 425.84 Public Hearing Following receipt of the Planning Board report and recommendation, the Town Board may schedule a public hearing regarding the proposed application with the same notice as required by law for a zoning amend- ment. mend- ment. 425.85 Town Board Action Following the public hearing, the Town Board may act to approve, approve with modifications or disapprove the proposed Planned Unit Development District application. Any decision to approve an application, with or without modification, and to establish a Planned Unit Development District, shall be subject to the same publication requirements as a zoning amendment and a copy thereof forwarded to the Town Clerk who shall make appropriate modifications to the official Town Zoning Map and notations with respect to any special conditions established with respect thereto. The Town Board shall not take favorable action on any Planned Unit Development District application unless it determines that the proposed General Land.Use and Development Plan complies with all requirements of this Ordinance and with the policies and objectives of the adopted Town Comprehensive Plan. In making its determination, the Town Board shall consider both the staging and the ultimate magnitude of such develop- ment. 425.86 Approval of Subdivision Plats Applications for the approval of any subdivision plats shall be submitted to the Planning Board and processed by said Board in accordance with all the procedures and requirements specified in the Town's Land Subdivision Regulations. 425.87 Approval of Site Development Plans No earthwork, land clearing or construction of any kind shall take place within the limits of a Planned 41/ Unit Development until a site development plan for such development, or the appropriate section thereof, has been reviewed and approved all in accordance with the procedures outlined in section 450 of this Ordinance and supplemented as follows: 425.871 Submission of Application After Town Board action approving the zoning change, applications shall be submitted in five (5) copies to the Zoning Administrator, with the initial application accompanied by five (5) copies of the approved General Land Use and Development Plan, and shall in- clude the following information: (a) A proposed site development plan map drawn at a scale of no less than one inch equals one -hundred feet (1" _ 100') and indicating the following: (1) Title of the development, date, revision dates, if any, north point, scale, name and address of the appli- cant and of the architect, engineer, landscape architect, and/or surveyor preparing the site development plan. (2) Detailed description of existing terrain conditions on the property, to include topographic data at a maximum contour interval of two (2) feet with a datum approved by the Town Engineer; designation of specific soil types; the location of all existing water courses and intermittent streams; the location and extent of existing wooded and wet- land areas, and specifications of the type of vegetation prevailing therein the location of existing stone walls, rock outcrops, wooded area, and major trees (eight inches or more in dia- meter) outside of wooded areas which are to remain undisturbed. (3) The location and dimensions length, width, ground floor elevation and height) of all existing and pro- posed main and accessory buildings, with the use for each indicated. (4) The location, width and finished pavement grades of all existing and proposed public and private roads. (5) The location, layout, finished pavement grades and surface treatment proposed for parking and loading areas and ingress and egress drives. ya (6) The location, size and proposed screening of any refuse storage or other outdoor storage areas. (7) The location and size of all pro- posed water supply, sanitary sewerage, storm drainage and other utility facilities, including connections to any existing facilities. (8) Locations, design and construction plans for proposed sidewalks and steps, drainage structures, retaining walls, etc. (9) Landscaping plan, to include type, size and location of materials to be used. (10) Proposed type, location and design of exterior lighting system. (11) Proposed location, type, size, color and illumination of all signs. (12) Proposed open space network and pedestrian circulation. (b) Architectural plans and specifications of representative buildings and struct- ures, including general exterior ele- vations, perspective drawings, and, in the case of residential buildings, typical floor plans indicating the number of bedrooms and the use of all other rooms within each dwelling unit. (c) Calculation of expected storm drain loads to be accommodated by the pro- posed drainage system for a one hundred (100) year frequency storm. (d) Estimate of earth work, showing the quantity of any material to be imported to and/or removed from the site. (e) Description of measures planned to assure proper erosion and sedimentation control during construction. (f) A statement from the applicant's en- gineer indicating the estimated cost of constructing all new roads and side- walks, and of the water supply sanitary sewerage. (g) Proof of approval by the State Depart- ment of Transportation, County Highway -11.3 Department or the Town of Wappinger Superintendent of Highways, as approp- riate, of the design and proposed con- struction of any intersection of a new road with an existing State, County or Town Highway, and of any proposed con- nections to existing drainage facili- ties along such highways. (h) Copies of legal covenants and agree- ments restricting the use of recreation and open space area to such purposes, and of documents establishing future ownership and maintenance responsibili- ties for all private road, recreation and open space areas. (i) Any other legal agreements, documents or information required to implement the purposes and intent of the Planned Unit Development as approved by the Town Board. (j) An application fee in an amount and as normally determined by the Planning Board in site plan review. (k) Construction and maintenance bonds as normally required in subdivision. 425.872 Referral to Planning Board, Town Engineer, Superintendent of Highways and Town Attorney Upon receipt of a site development plan application, the Zoning Administrator shall refer two (2) copies to the Planning Board one (1) copy to the Town Engineer, one (1) copy to the Town Attorney, and one (1) copy to the Superintendent of Highways where a private road to be constructed as a part of the site development will intersect with an existing Town road, all for review and report. Review by the Planning Board, Town Engineer and Superintendent of Highways shall be for the purpose of determining: (1) that such development will be in accordance with the approved General land Use and Development Plan, any other requirements and con- ditions established by the Town Board pur- suant to the establishment of the Planned Unit Development District; (2) that it com- plies with all other applicable standards and requirements of this Ordinance; (3) that all facilities and improvements necessary to the construction of the development will be properly provided; (4) that proposed inter- sections of private roads with existing Town AIV_ roads are located and designed so as to per- Reports from the Town Engineer, Super- intendent of Highways and Town Attorney shall be submitted to the Planning Board within thirty (30) days. The Planning Board shall submit a summary report to the Zoning Administrator within sixty (60) days of the date on which such application was originally referred to the Planning Board, shall recommend whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary. 425.873 Action by Zoning Administrator Within ninety (90) days of the date the application was received by the Zoning Administrator, the Zoning Administrator shall act either to approve, disapprove or approve with modifications, the site plan and such action shall be based upon the findings of the Planning Board as specified in its report. A permit authorizing earth work, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any de- velopment which has not been constructed in accordance with said plan. 425.874 Inspection Fee As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of seven percent (7%) of the estimated cost of constructing all private roads, sidewalks and water supply, sewerage and storm drainage systems shall be paid to the Town of Wappinger. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses, and any mit safe traffic movements through the intersections; and (5) the existing Town roads within or directly abutting the Planned Unit Development are or will be suitably improved so as to be capable of safely accommodating the increased traffic generated by the development. Review by the Town Attorney shall be for the purpose of determining the adequacy of all coven- ants, agreements, documents and other legal information required in connection with the maintenance and operation of all commonly owned facilities and areas within the Planned Unit Development. Reports from the Town Engineer, Super- intendent of Highways and Town Attorney shall be submitted to the Planning Board within thirty (30) days. The Planning Board shall submit a summary report to the Zoning Administrator within sixty (60) days of the date on which such application was originally referred to the Planning Board, shall recommend whether the application should be approved, disapproved or approved with modifications and shall specify what modifications, if any, are necessary. 425.873 Action by Zoning Administrator Within ninety (90) days of the date the application was received by the Zoning Administrator, the Zoning Administrator shall act either to approve, disapprove or approve with modifications, the site plan and such action shall be based upon the findings of the Planning Board as specified in its report. A permit authorizing earth work, land clearing or construction of any kind shall be issued only for work which will be done in accordance with the approved site development plan, and no certificate of occupancy shall be issued for any de- velopment which has not been constructed in accordance with said plan. 425.874 Inspection Fee As a condition of site development plan approval, an inspection fee in an amount determined necessary by the Town Engineer, but not in excess of seven percent (7%) of the estimated cost of constructing all private roads, sidewalks and water supply, sewerage and storm drainage systems shall be paid to the Town of Wappinger. Such fee shall be used to cover costs incurred by the Town in conducting inspections of such construction as it progresses, and any unused portion shall be returned to the applicant. 425.875 Special Conditions If, during the course of construction, any conditions such as flood areas, underground water, springs, intermittent streams, humus beds, unsuitable slopes, soft and silty areas, or other unusual circumstances are encountered which were not foreseen in the original planning, such conditions shall be reported to the Planning Board and the Town Engineer together with the developer's re- commendations as to the special treatment required to secure adequate and permanent construction. The Planning Board shall in- vestigate the condition or conditions, and either approve the developer's recommend- ations to correct same, order a modifica- tion thereof, or issue its own specifi- cations for correction of the condition or conditions. Unusual circumstances or de- trimental conditions observed by the Town Engineer or Zoning Administrator shall be similarly treated. 425.876 Staging If the applicant intends to stage its de- velopment, and has so indicated in accordance with Section 425.81, then it may submit for site plan approval only those stages ready for development in accordance with the staging plan. Any plan which requires more than twenty-four (24) months to be completed shall be required to be staged and a staging plan must be developed. At no point in the development of a Planned Unit Development shall the ratio of non- residential to residential acreage or dwell- ing unit ratios between the several differ- ent housing types for that portion of the Planned -Unit Development completed and/or under construction differ from that of the Planned Unit Development as a whole by more than twenty percent (20X), unless so approved by the Town Board. y6 425.877 Amendments The Town Board, after public hearing with the same notice as required for the original hearing, may consider and act upon anapplication to amend the design concept shown on the General Land Use and Develop- ment, or upon an application to change or enlarge the limits of such development to include contiguous acreage subsequently acquired by the applicant. However, no public hearing shall be required where a proposed change or enlargement does not result in any significant modification to the design concept shown on the approved General Land Use and Development Plan, or where less than a five percent (5%) change in the number of initially approved dwelling units is involved, provided all density and other requirements of this Ordinance are complied with. 425.878 Expiration of Approval Town Board approval, or approval with modification, of an application for a Planned Unit Development shall expire if construction work on the development is not begun within one (1) year of the date of approval, is not completed within ten (10) years of the date of approval, or is not prosecuted with reasonable diligence in such a way to assure its completion within the permitted time period and according to the approved time schedule. 425.879 Financial Responsibility No building permits shall be issued for construction within a Planned Unit Develop- ment District until improvements are in- stalled or a performance bond posted in accordance with the same procedures as pro- vided for in Section 277 of the Town Law relating to subdivision. Section 430. Special Permit Uses The Planning Board is authorized to hear and decide applications for special permit uses in accordance with the procedures and standards set forth in this chapter. 431. General Provisions All special uses for which conformance to additional standards is required are considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this Section or such requirements as may be specified by the PLANNING BOARD rase_ _i .____� according to the provisions of Sections 435 and 436 herein in addition to all other requirements of this Ordinance. All such uses are declared to possess such unique, special and individual characteristics that each specific use shall be considered as an individual case. 432. Application for a Special Permit Application for required special permits shall be made to the PLANNING BOARD. Each such application shall be examined first and endorsed for completeness by the Zoning Administrator and unless so endorsed shall not be entertained by said Board. The PLANNING BOARD shall have original jurisdiction for granting special permits based on the provisions of this section. The BOARD may impose whatever reasonable land use conditions and provisions it deems necessary to reflect the spirit and intent the Town Develop- ment Plan and/or Zoning Ordinance. The PLANNING BOARD, after public hearing with the same notice required by law for zoning amendments, shall, within sixty (60) days after the final hearing, file with the Zoning Admini- strator a decision on said application. All approved special use permits will be subject to Section 450 of the Town Zoning Ordinance for site development plan approval. The applicant may grant extensions of either of the above stipulated review periods. The PLANNING BOARD may authorize the issuance of a permit, provided it finds that all of the follow- ing conditions and standards stated, but not limited to, have been met. 432.1 The location and size of the use, the nature and intensity of the operations involved, in, or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. 432.2 The location, nature and height of buildings, walls, fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discour- age the appropriate development and use of adjacent land and buildings. a �v 432.3 Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, illumination or other characteristics, than would be the operations of any permitted use not requiring a special permit. 432.4 Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety. (See Section 470) 433. Required Plan A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall conform to the requirements of Section 450.2. 434. Review by Other Agencies Upon receipt of a completed application for a special permit, the PLANNING BOARD may forward, where determined appropriate, one copy each of the application to the Town Engineer, the Planning Consultant, the Superintendent of Highways, the Wappinger Environmental Council, the Fire Prevention Bureau, the Dutchess County Soil and Water Conservation District and the Dutchess County Department of Health; in addition, copies shall be forwarded to the Dutchess County Planning Department when such proposed development abuts a State or County Highway, park, drainage channel or building site, and to the Clerk of any abutting municipality where the property proposed for such development is located within five hundred (500) feet of such municipality and other agencies, the New York State Department of Environmental Con- servation, which may have jurisdiction, together with a request for review and report by said agency. Each agency may submit a report, including its recommendations, which report, if it is to be con- sidered, should be returned to the PLANNING BOARD within thirty (30) days of the date such referral was submitted. 435. PUBLIC HEARING & Notice to Abutting Property Owners The Planning Board shall fix a reasonable time for hearing of the application for Special use permit, and shall give public notice, at least 5 days prior to the date thereof. Abutting property owners shall be notified of the hearing in accordance with the provisions set forth in Section 513 of this Ordinance. � 9 436. Conditions and Safeguards The PLANNING BOARD shall attach such conditions and safeguards to any approved use and development plan as are, in its opinion, necessary to ensure initial and continual conformance to all applic— able standards and requirements. 437. Action by Building Inspector Upon receipt by the Building Inspector of the decision of the Board showing that conditions required by Sections 432 and 436 prevail and upon compliance by the applicant with all applicable standards, requirements, conditions, safeguards and ordinances, the applicant shall, upon payment of any fees prescribed therefor, be entitled to a building permit or certificate of occupancy, as the case may be, from the Building Inspector. The Building Inspector shall not issue a building permit or certificate of occupancy in the event that the PLANNING BOARD shall not make a finding that all of the conditions prevail. 438. Expiration of Special Permit A special permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the PLANNING BOARD in connection with their issuance of that permit, it shall expire if work is not initiated pursuant thereto within one (1) year, or if said use of uses shall cease for more than one (1) year for any reason or if all required improvements are not completed within two (2) years from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the use. 439. Existing Violations No permit shall be issued for a special permit use for a property upon which there is an existing violation of this Ordinance. .4v 445. Special Permits for Accessory Apartments. 445.1 Accessory apartments shall be permitted in all single-family residential districts where single-family homes are a per- mitted use, upon issuance of a special permit by the Planning Board, subject to the conditions and limitations contained in this local law. 445.2 No accessory apartment shall be installed or maintained except upon Special Permit granted by the Planning Board Appeals. The applicant shall file a plan in such detail as the Planning Board shall prescribe with the initial application for an accessory apartment. The application fee for a Special Permit for an accessory apartment shall be $100. Each such Special Permit shall be two (2) years in duration, subject to earlier termination as provided in this local law, and also subject to renewal upon application and after public hearing. (a) Before such approval shall'be given, the Planning Board shall determine, in addition to those standards set forth in Section 432, that: 1. That the use will not prevent the orderly and reason- 3. That the safety, the health, the welfare, the com- fort, the convenience or the order of the town or its residents will not be adversely affected by the .proposed use and its location; and 4. That the use will be in harmony with and promote the general purpose and intent of the local law. (b) In making such determination, the Planning Board shall also give consideration, among other things to: 1. The character of the existing and probably develop- ment of uses in the district and the peculiar suit- ability of such districts for the location of any of such permissive uses; 2. The conservation of property values and the en- couragement of the most appropriate uses of land; 3. The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public street or highway; 51 able use of adjacent properties or of properties in adjacent use districts; 2. That the use will not prevent the orderly and reason- able use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts: 3. That the safety, the health, the welfare, the com- fort, the convenience or the order of the town or its residents will not be adversely affected by the .proposed use and its location; and 4. That the use will be in harmony with and promote the general purpose and intent of the local law. (b) In making such determination, the Planning Board shall also give consideration, among other things to: 1. The character of the existing and probably develop- ment of uses in the district and the peculiar suit- ability of such districts for the location of any of such permissive uses; 2. The conservation of property values and the en- couragement of the most appropriate uses of land; 3. The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public street or highway; 51 4. To the necessity for paved surface space for purpose of off-street parking of vehicles incidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had; 5. Whether the use, or the structures to be used there- fore, will cause an overcrowding of the land or undue concentration of population; 6. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof; and (c) The Planning Board shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter. (d) 1. A public hearing shall be held for every application for a special permit or renewal thereof. The Planning Board shall fix a time and give at the expense of the applicant, public notice thereof by the publication in the official newspaper of such hearing at least ten (10) days prior to the date of the public hearing. 2. The subject property is to be posted for a period of not less than ten (10) days immediately preceding the public hearing or an adjourned date thereof. Subject to rebuttal, the filing by the applicant reciting the facts of such posting shall be deemed sufficient proof of compliance herewith. 3. The posting of signs on subject property shall be made in the following manner: A. The applicant shall erect on the affected pro- perty a sign which must be obtained from the building inspector's office which shall be prominently dis- played on the premises facing each public street, maximum spacing of two hundred (200) feet on center, on which the affected property abuts, set back not more than ten (10) feet from the property line, and shall not be less than two (2) feet nor more than six (6) feet above the grade of the property line, giving conspicuous notice that the application for special permit for temporary two-family dwelling is pending and the date, time and place when the public hearing will be held. 3A B. An affidavit of posting of the public notice together with a copy to be filed not later than forty-eight (48) hours prior to the public hearing on the petition, stating that identical posters, not more than two hundred (200) feet apart, have been conspicuously posted along the street frontage at least ten.(10) days prior to the date set for the public hearing. 445.3 Only a residence for which a Certificate of Occupancy has been issued prior to October 24, 1983 shall be permitted to have an accessory apartment. Any residence built after that date shall not be an eligible residence until the fifth anniversary of issuance of its Certificate of Occupancy. 445.4 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. The Special Permit shall be issued to the owner of the property. (a) Should there is a violation of this local law or a change in ownership, the Special Permit use and the Certificate of Occupancy for the accessory apartment shall then become null and void following a hearing before the Planning Board which shall deter- mine if such violation or change of ownership took place unless by reason of death, in which instance the permit shall continue until the expiration of its term provided the remaining occupants are related. Thereafter, the tenant shall have ninety (90) days to relocate; the second kitchen shall be removed by the owner within sixty the tenant leaves and the house shall revert to a single family status. Should the new owner decide to live in the structure and desire to continue use of the second dwelling unit under the conditions imposed by this article, then no later than ninety (90) days prior to expiration of the Special Permit, or if ownership changes less than ninety (90) days prior to such expiration, then within ninety (90) days of the change in ownership, he shall apply to the Planning Board for a Special Permit. (60) days after (b) Should an owner vacate his residence, the Special Permit use and the Certificate of Occupancy for the accessory apartment shall become null and void. Thereafter, the tenant shall have ninety (90) days to relocate; the second kitchen shall be removed by the owner within sixty (60) days after the tenant leaves and the house shall revert to a single family status. 445.5 The owner applicant shall be required to file on the subject property a Declaration of Covenants approved by the attorneys to the town at the Dutchess County Clerk's Office prior to the issuance of a Special Permit for an accessory apartment. This Declaration shall be in favor of the Town of Wappinger 1 and state that: S3 (a) The Special Permit for an accessory apartment or any renewal of said Special Permit shall terminate upon the death of the undersigned or the survivor of the under- signed, or upon the transfer of title to said premises or upon the undersigned no longer occupying the premises as their principal residence. (b) The new owner of the premises shall have to apply to the Planning Board for a Special Permit to continue the accessory apartment. (c) These restrictions, covenants and conditions with the consent of the said owner or owners of the premises herein described and such right or privilege shall be effectual without the consent of any adjacent or other owners or lienors of the property. (d) This Declaration of Covenants shall run with the land and shall be binding upon the owners, their dis- tributees, executors, and administrators, successors and assigns. 445.6 An occupant of at least one (1) of the dwelling units on the premises shall be the father, mother, son or daughter (in- cluding legally adopted), brother, sister, grandparent, or grandchild of the occupant of the accessory apartment and the same shall be the principal residence of that person. A father-in-law or mother-in-law may continue occupancy subsequent to the death of their child. 445.7 Only one accessory apartment for a total of two dwelling units per lot shall be permitted. 445.8 An accessory apartment shall be permitted only within the main structure and not within any accessory building or upon any separate foundation. Additions to the residence shall be permissible if they do not increase the building perimeter. The character, degree and extend of any such addition shall be a factor to be considered by the Planning Board in passing upon a Special Permit application. 445.9 An accessory apartment shall have separate access, not observable from the street, unless there is a single access from the front of the building with a split access inside the building. 445.10 All building code or other requirements under local law or ordinance and other applicable laws and regulations shall be complied with and a Building Permit as well as a Special Permit obtained for any changes or alterations requiring such a permit, and a Certificate of Occupancy shall be obtained before occupancy. fV_ 445.11 An accessory apartment shall occupy a minimum of 650 square feet to a maximum of 35% of the existing habitable floor ,= space of the building in which it is contained; the two dwelling units shall not contain more than three (3) and two (2) bedrooms or an aggregate total of five (5) bedrooms. 445.12 The minimum lot size for buildings containing accessory apartments shall contain at least 20,000 square feet and shall also conform to the lot size and other zoning require- ments of the district in which the building is located. 445.13 The building shall, to the degree reasonably feasible, main- tain the character and appearance of a single-family dwelling. 445.14 A residence containing an accessory apartment shall have a minimum of four (4) off-street parking spaces and such additional spaces, if any, necessary to accommodate all vehicles owned and used by occupants of the dwelling. In an R115 district, no expansion of the existing parking area shall be permitted in order to satisfy this off-street parking requirement. No parking areas shall be created in front yards. 445.15 If the premises are not serviced by a community sewer or water system, approval of the Dutchess County Board of Health shall be obtained before issuance of a Special Permit. 445.16 If the dwelling is within a water or sewer improvement district, the premises shall be subject to double the amount of water or sewer charges applicable to the premises unless the accessory unit is separately metered. The applicable charge shall be the higher of the metered rate or the minimum quarterly rate of the district. 445.17 The granting of a Special Permit shall not entitle the owner or any subsequent owner to seek a variance to permit occupancy of one of the living units by a person unrelated to an owner -occupant. Any financial investment in improvements necessary to create an accessory apartment shall be deemed to be fully amortized during the term of the Special Permit. 445.18 This ordinance shall not create as a valid use any pre- existing and new accessory apartments. 445.19 No Certificate of Occupancy shall be issued until the Town Assessor has been notified in writing in the form of an affidavit of the final costs of the improvements; the Assessor may require documentation of costs. 56 L Section: 446.101 MIXED USE DISTRICT 1. Minimum lot size: 2 Acres 2. Maximum density: Residential units at 6 to 12 units/ acre included within the allowable lot coverage & F/A ratio of the district. 3. Parking requirements: Residential units on first floor Residential units on second floor Non—residential use Restaurant 2 spaces/unit 1 space/unit 1 space/200 sq ft gross floor area 1 space/100 sq ft gross floor area Parking requirements are cumulative, not subject to the provisions of Section 470.6, and supersede the requirements of Section 470. 4. Buffering: As required by the Planning Board to blend the project into the surrounding development. 5. Signs: As deemed appropriate by the Planning Board for the type of project. 6. Architectural considerations: Proposed design must conform to, and be compatible with a "village green" concept, blending residential units, shops & offices and open space into an attractively landscaped suburban setting. 7. Compatibility w/ Surroundings: The proposed design shall be compatible with, and relate to the existing surrounding uses in all major elements except scale. 8. Other conditions: The Planning Board may approve a subdivision of the parcel into areas of condominium ownership. Such approval shall be subject to normal subdivision process, and shall include adequate provisions for ownership, operation and maintenance of the common properties. The Planning Board in acting upon the site plan shall take notice of proposed widening of State, County or Town highways and adjust setbacks accordingly. J fp �L Section: 446.201 1. Minimum lot size: HIGHWAY DESIGN DISTRICT 5 Acres 2. Maximum density: As allowed by district regulations within the allowable lot coverage & F/A ratio of the district. 3. Parking requirements: Office use Retail use Restaurant 1 space/300 sq ft gross floor area 1 space/100 sq ft gross floor area 1 space/100 sq ft gross floor area Parking requirements are cumulative, subject to the provisions of Section 470.6, and supersede the requirements of Section 470. 4. Buffering: As required by the Planning Board to blend the project into the surrounding development. 5. Signs: As deemed appropriate by the Planning Board for the type of project. 6. Architectural considerations: 7. Compatibility w/ Surroundings: 8. Other conditions: The Planning Board may approve a subdivision of the parcel into areas of condominium ownership. Such approval shall be subject to normal subdivision process, and shall include adequate provisions for ownership, operation and maintenance of the common properties. The Planning Board in acting upon the site plan shall take notice of proposed widening of State, County or Town highways and adjust setbacks accordingly. ,7 Section: 446.501 PROFESSIONAL OFFICE USE IN RESIDENCE STUDIO USE IN RESIDENCE Use: Professional Office use in residence by inhabitant thereof. Studio use in residence by inhabitant thereof. 501.1 Minimum lot size: as allowed by district requlations 501.2 Maximum density: only one such use per lot allowed 501.3 Parking requirements: as set forth in Section 470 501.4 Buffering: as required to screen use from adjoining properties 501.5 Signs: only one per site, in accordance with Section 416 501.6 Architectural considerations: no basic change in the structure shall be allowed. 501.7 Compatibility w/ Surroundings: as required by the Planning Board in site plan review. 501.8 Other conditions: a. Such office or studio is incidental to residential use of the premises b. Not more than two non-resident employees, associates, or assistants are employed on the premises. c. Parking areas and access drives should be located, designed or screened so as to minimize disturbances to adjoining properties and shall be subject to site plan review for such purposes. d. No display of goods or signs or other evidence of such office or studio is evident outside of the building, other than one sign as allowed by Section 416.3. y Section 446.601 FARM USES -Use: Farm uses, nursery farm produce stand or greenhouse, 601.1 Minimum lot size: as required by district regulations 601.2 Maximum density: none 601.3 Parking requirements: as required by Section 470 601.4 Buffering: 601.5 Signs: as allowed by Section 416 601.6 Architectural considerations: none 601.7 Compatibility w/ Surroundings: 601.8 Other conditions: a. NO STORAGE OF MANURE OR ANY OTHER ODOR OR DUST PRODUCING SUBSTANCE SHALL BE PERMITTED WITHIN 100 FEET OF A STREET OR PROPERTY LINE, NOR 150 FEET OF A WATER COURSE OR WETLANDS AREA. b. NO RETAIL SALES SHALL BE PERMITTED ON THE PREMISES except as provided in SECTION 446.804. c. NO MORE THAN THREE COMMERCIAL VEHICLES, STORED IN FULLY ENCLOSED STRUCTURES, MAY BE KEPT ON THE PROPERTY. d. NO LESS THAN TWO (2) ACRES OF LAND IS AVAILABLE FOR EACH ANIMAL. e. ALL ANIMAL FEED IS STORED IN RODENT -PROOF CONTAINERS. .S9 -~ Section: 446.701 CONVERSION OF EXISTING DWELLING Use: Conversion of existing dwelling, containing more than 3000 sq ft, build prior to 1962, to two or multi -family use: 701.1 Minimum lot size: at least 40,000 sf 701.2 Maximum density: one dwelling unit for each 20,000 sf of lot area 701.3 Parking requirements: as required by Section 470 701.4 Buffering: as required by Planning Board 701.5 Signs: none 701.6 Architectural considerations: no change in outside appearance is allowed. 701.7 Compatibility w/ Surroundings: as required by Planning Board 701.8 Other conditions: a. Each dwelling unit produced from such conversion shall contain at least 800 square feet of usuable floor area. b. The existing structure shall comply with all other requirements of this ordinance. to Section 446.801 PLACES OF WORSHIP Use: Places of worship, including parish houses and religious schools 801.1 Minimum lot size: 2 acre 801.2 Maximum density: none 801.3 Parking requirements: as set forth in Section 470 801.4 Buffering: as set forth in section 415.22 801.5 Signs: as set forth in section 416 801.6 Architectural considerations: 801.7 Compatibility w/ Surroundings: 801.8 Other conditions: Section 446.802 COLLEGES; SCHOOLS Use: Colleges; private schools 802.1 Minimum lot size: 10 acre 802.2 Maximum density: 20 students/acre 802.3 Parking requirements: as set forth in Section 470 802.4 Buffering: as set forth in section 415.22 802.5 Signs: as set forth in section 416 802.6 Architectural considerations: 802.7 Compatibility w/ Surroundings: 802.8 Other conditions: b/ Pj Section 446.803 LIBRARY; MUSEUMS Use: Library; museums 803.1 Minimum lot size: 5 acre 803.2 Maximum density: 5000 sf/acre 803.3 Parking requirements: as set forth in Section 470 803.4 Buffering: as set forth in section 415.22 803.5 Signs: as set forth in section 416 803.6 Architectural considerations: 803.7 Compatibility w/ Surroundings: 803.8 Other conditions: Section 446.804 TEMPORARY OUTDOOR USE Use: Tempory outdoor stand/use 804.1 Minimum lot size: none 804.2 Maximum density: as determined by zoning admisistrator for the intended use. 804.3 Parking requirements: as set forth in Section 470 804.4 Buffering: as set forth in section 415.22 804.5 Signs: as set forth in section 416 804.6 Architectural considerations: 804.7 Compatibility w/ Surroundings: 804.8 Other conditions: permit issued by Zoning Administrator for the following period: specific function not to exceed 25 days seasonal permit not to exceed 99 days Section 446.805 TEMPORARY HOUSING UNITS Use: Temporary Housing Units (ECHO) incidental to permitted main use Definition: ECHO (Elderly Cottage Housing Opportunity) Unit - Separate, detached or impermanently attached, temporary dwelling unit, containing its own cooking, sanitary, and sleeping facilities, accessory to a one -family dwelling, for the use of and occupied by not more than two elderly or disabled residents, one of whom must be over 60 or unable to live independently because of mental or physical illness or disability. A mobile home may not be used as an ECHO unit. 805.1 Minimum lot size: as required for permitted main use 805.2 Maximum density: one per required lot 805.3 Parking requirements: Adequate parking, for both the permitted main use and occupants of the ECHO unit, shall be provided on-site, in accordance with other provisions of this ordinance. 805.4 Buffering: as set forth in section 415.22 805.5 Signs: none allowed 805.6 Architectural considerations: The exterior of the ECHO unit shall be compatible with principal residences in the neighborhood in terms of color, siding, roof pitch, window detailing, and roofing materials. A separate outside access to the ECHO unit must be provided. 805.7 Compatibility w/ Surroundings: The ECHO Unit shall be not less than 400 sq ft nor more than 900 sq ft. in area.It shall not exceed 12 ft nor one story in height. The unit shall not be located in the front yard and shall conform to all other bu lk regulations of the district. 805.8 Other conditions: a) Dutchess County Health Department Approval of the additional use must be obtained. b) Construction of the units shall conform to all applicable laws, regulations, codes and ordinances. c) The unit shall be constructed so as to be readily removable, with the lot restored to original condition. No permanent fence, wall or structure should impede such removal. d) The use shall terminate at the death or permanent change of residence of the original occupant(s). The unit shall be removed and the lot restored to original condition within minty (90) days of such termination. In the event the unit is not removed by the end of such period, the Town has the right to cause the unit to be removed and to charge back such cost to the property owner. LL 1�3 .Section: 446.806 GUEST HOUSE; CARETAKER COTTAGE Use: Guest house/caretaker cottage 806.1 Minimum lot size: 10 acres 806.2 Maximum density: one per estate 806.3 Parking requirements: as required by Section 470 806.4 Buffering: none 806.5 Signs: none 806.6 Architectural considerations: none 806.7 Compatibility w/ Surroundings: none 806.8 Other conditions: a. Each structure shall be placed in a manner that will allow a future subdivision based upon compliance with current zoning regulations. b. Each structure shall contain at least 800 square feet of usuable floor area. Section: 446.807 RECREATION CLUBS Use: Private, community or fraternal recreation clubs 807.1 Minimum lot size: 2 acres 807.2 Maximum density: 50 memberships/acre 807.3 Parking requirements: as required by Section 470 807.4 Buffering: as required by Planning Board for the type of use proposed 807.5 Signs: In accordance with Section 416 807.6 Architectural considerations: none 807.7 Compatibility w/ Surroundings: As required by Planning Board 807.8 Other conditions: none LLi 6V 'L Lir Section: 446.808 PRIVATE CAMPS Use: Private camps for seasonal residents 808.1 Minimum lot size: 2 acres 808.2 Maximum density: 50 campers/acre 808.3 Parking requirements: as required by Section 470 808.4 Buffering: as required by Planning Board for the type of use proposed 808.5 Signs: In accordance with Section 416 808.6 Architectural considerations: none 808.7 Compatibility w/ Surroundings: As required by Planning Board 808.8 Other conditions: none Section: 446.809 NURSING HOME Use: Nursing and/or convalescent home 809.1 Minimum lot size:6 acres 809.2 Maximum density: 20 beds/acre 809.3 Parking requirements: as required by Section 470 809.4 Buffering: as required by Planning Board for the type of use proposed 809.5 Signs: In accordance with Section 416 809.6 Architectural considerations: none 809.7 Compatibility w/ Surroundings: As required by Planning Board 809.8 Other conditions: Institutions for the mentally ill or facilities for the treatment of drug or alcohol abuse are prohibited. 615 r Section: 446.810 FUNERAL HOME Use: Funeral home 810.1 Minimum lot size: 2 acres 810.2 Maximum density: none 810.3 Parking requirements: as required by Section 470 810.4 Buffering: as required by Planning Board for the type of use proposed 810.5 Signs: In accordance with Section 416 810.6 Architectural considerations: none 810.7 Compatibility w/ Surroundings: As required by Planning Board 810.8 Other conditions: a. Sufficient aisle and loading space shall be provided os -site to permit a minimum of eight cars forming a procession. b. Prior to the approval of a Special Use Permit, the Planning Board shall make a finding that the existing road network is capable of handling the proposed traffic. c. An accessory dwelling unit for the manager or on-site custodian may be allowed. (6 Section: 446.811 DAY CARE CENTER Use: Day care center/day nursey 811.1 Minimum lot size: 2 acres 811.2 Maximum density: none 811.3 Parking requirements: as required by Section 470 811.4 Bufferi_n_g: as required by Planning Board for the type of use proposed 811.5 Signs: In accordance with Section 416- 811.6 Architectural considerations: none 811.7 Compatibility w/ Surroundings: As required by Planning Board 811.8 Other conditions: a. Prior to the approval of a Special Use Permit, the Planning Board shall make a finding that the existing road network is capable of handling the proposed traffic. b. An accessory dwelling unit for the manager or on-site custodian may be allowed. &7 L Section: 446.812 MOTOR VEHICLE DEALERSHIP Use: Motor Vehicle Dealership 812.1. Minimum lot size: 5 acres 812.2. Maximum density: 812.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. Additionally, vehicles awaiting repairs shall be located in an area that is screened from public view. 812.4. Buffering: In accordance with the requirements of the Planning Board. 812.5. Signs: in accordance with the provisions of Section 416. 812.6. Architectural considerations: Overhead garage doors, providing access to maintenance and repair facilities shall not be located facing the street, and shall be visually buffered from surrounding residential zones. 812.7. Compatibility w/ Surroundings: none 812.8. Other conditions: Storage/display of vehicles for sale shall not exceed 20/acre, and shall be confined to designated portions of the site. Display vehicles shall not encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth on the approved site plan. D L� Section: 446.813 LUMBER SUPPLY YARD Use: Contractors Lumber Supply Yard/retail sales 813.1. Minimum lot size: 7 acres 813.2. Maximum density: 813.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. 813.4. Buffering: In accordance with the requirements of the Planning Board 813.5. Signs: in accordance with the provisions of Section 416. 813.6. Architectural considerations: 813.7. Compatibility w/ Surroundings: none 813.8. Other conditions: Outdoor storage will be allowed provided such storage/display areas is screened from the street and from residential areas. Such storage/display area shall not encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth on the approved site plan. LM J Section: 446.814 MOTEL Use: Motel 814.1. Minimum lot size: 3 acres 814.2. Maximum density: not more than 17 units/acre 814.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 3 spaces for each 2 units. 814.4. Buffering: In accordance with the requirements of the Planning Board 814.5. Signs: in accordance with the provisions of Section 416. 814.6. Architectural considerations: 814.7. Compatibility w/ Surroundings: none 814.8. Other conditions: Unit room shall be not less than 300 sq. ft. in area, and shall contain a separate bathroom for each sleeping/living room. 70 Section: 446.815 USED AUTOMOBILE SALES Use: Used Car / Automobile sales lot 815.1. Minimum lot size: 5 acres 815.2. Maximum density: 20 vehicles/acre. 815.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. Additionally, vehicles awaiting servicing/repairs shall be located in' -an enclosed area, screened from public view. 815.4. Buffering: In accordance with the requirements of the Planning Board. 815.5. Signs: in accordance with the provisions of Section 416. 815.6. Architectural considerations: Overhead garage doors, providing access to maintenance and repair facilities shall not be located facing the street, and shall be visually buffered from surrounding residential zones. 815.7. Compatibility w/ Surroundings: none 815.8. Other conditions: Storage/display of vehicles for sale shall not exceed 20/acre, and shall be confined to designated portions of the site. Display vehicles shall not encroach on any yard setback, nor be located in any designated landscaping/bu ffer area set forth on the approved site plan. 7/ Section: 446.816 MOTOR VEHICLE REPAIR & SERVICE i' Use: Motor Vehicle repair and/or service facility 816.1. Minimum lot size: 2 acres iL 816.2. Maximum density: as allowed by zoning district. 816.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. Additionally, vehicles awaiting servicing/repairs shall be located in an enclosed area, screened from public view. 816.4. Buffering: In accordance with the requirements of the Planning Board. 816.5. Signs: in accordance with the provisions of Section 416. 816.6. Architectural considerations: Overhead garage doors, providing access to maintenance and repair facilities shall not be located facing the street, and shall be visually buffered from surrounding residential zones. 816.7. Compatibility w/ Surroundings: none 816.8. Other conditions: Storage of vehicles for repair shall not exceed 10/acre, and shall be confined to designated portions of the site. Partially dismanteled vehicles shall not be stored in any yard setback, nor be located in any designated lands caping/buffer area set forth on the approved site plan. 7a? e Section: 446.818 PRINTING FACILITIES Use: Printing Plants, Printing & publication Facilities 818.1. Minimum lot size: 2 acres 818.2. Maximum density: as allowed by zoning district. 818.3. Parking requirements: 10 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. 818.4. Buffering: In accordance with the requirements of the Planning Board. 818.5. Signs: in accordance with the provisions of Section 416. 818.6. Architectural considerations: 818.7. Compatibility w/ Surroundings: none 818.8. Other conditions: 7V Section: 446.817 KENNELS/ANIMAL HOSPITALS Use: Outdoor Kennels and/or Animal Hospitals 817.1. Minimum lot size: Kennels - 10 acres Veterinary. Clinics - 7 acres 817.2. Maximum density: as allowed by zoning district. 817.3. Parking requirements: 4 visitor spaces, having usuable access to a street + 2 spaces for each 3 employees. 817.4. Buffering: In accordance with the requirements of the Planning Board. 817.5. Signs: in accordance with the provisions of Section 416. 817.6. Architectural considerations: 817.7. Compatibility w/ Surroundings: none 817.8. Other conditions: Facilities with outdoor runs shall be centrally located on the property to allow for adequate distance from the property line to reduce the effect of the barking animals. Planning Board shall determine proper amount of noise and odor control, garbarge and cadaver disposal as part of the permit. 73 Section: 446.819 FAMILY DAY CARE HOME i Use: Day care in existing residential structure 811.1 Minimum lot size: as set forth in district 811.2 Maximum density: 6 children, including providor's children 811.3 Parking requirements: as required by Section 470 811.4 Buffering: as required by Planning Board for the type of use proposed 811.5 Signs: none 811.6 Architectural considerations: none 811.7 Compatibility w/ Surroundings: As required by Planning Board 811.8 Other conditions: a. Prior to the approval of a Special Use Permit, the Planning Board shall make a finding that the existing road network is capable of handling the proposed traffic. 7S� W � J� 503. Violations and Penalties A violation of this Ordinance is hereby declared to be an offense, punishable by a fine not exceeding three hundred and fifty dolla-rs ($350) or imprisonment for a period not to exceed six (6) months or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a five year period, punishable by a fine not less than three hundred fifty dollars ($?50) nor more than seven hundred dollars ($700) or imprisonment for a period not to exceed six (6) months or both; and upon conviction of a third or subsequent offense all of which were committed within a five year period, punishable by a fine not less than sever hundred dollars ($700) nor more than one thousand dollars ($1,000) or imprisonment for a period not to exceed six (6) months or both. Such violation to be prosecuted and such penalties collected in the manner prescribed by law or ordinance effective in the Town. Each week's continued violation shall constitute a separate additional violation. Nothing herein contained shall in any way limit or affect the penalties, both civil and criminal, provided for in any ordinance enacted and in effect pursuant to Section 130, Subdivision 15 and 23 of the Town Law. The owner or owners of any building or premises or part thereof where anything in violation of this Ordinance shall be placed or shall exist, any lessee, architect, builder, contractor, agent, person or corporation commission of any such violation, shall each be guilty of a separate offense, and upon conviction thereof shall be fined or imprisoned as herein provided. 44 514.1 Interpretations On appeal from an order, requirement, decision or determination made by an administrative official, or on request from any official or agency of the town, the Board of Appeals is authorized to decide any question involving the interpretation of any provision of this Ordinance, including determination of the exact reference to the rules specified in Section 320. 77 A Public Hearing was held by the Town Board of the Town of Wappinger on August 27, 1990, at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law Amending Local Law #3 of 1989 Regulating Parking on Regency Drive in the Town of Wappinger. Supervisor Smith opened the Hearing at 6:45 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). The Supervisor asked for comments from the public either for or against the proposed Local Law. There were no comments made. MR. INCORONATO moved to close the Public Hearing, seconded by Mrs. Visconti and unanimously carried. The Hearing closed at 6:48 P.M. '�?' �� &"S' Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ----------------"-------------- IN THE MATTER OF NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING LOCAL LAW 0 OF 1989 REGULATING PARKING ON REGENCY DRIVE IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ss: COUNTY OF DUTCHESS ) AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and says: 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 August 13th, 1990, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law #3 of 1989 Regulating Parking on Regency Drive, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this day of a 1990. NOTARY PUBLIC CONSTANCE O. SMITH NOTARY FU13LIC, State of New YOfk #4657191 (?utchess County 30, 19- V Commission E.:pires .�),C— A Public Hearing was held by the Town Board of the Town of Wappinger on August 27, 1990 at the Town Hall, 20 Middlebush Road, Town of Wappinger, Dutchess County, New York, on a proposed Local Law of 1990 Regulating Parking on Ervin Drive and Blackthorn Loop in the Town of Wappinger. The Supervisor opened the Hearing at 7:00 P.M. Present: Constance Smith, Supervisor Victor Fanuele, Councilman Joseph Incoronato, Councilman Robert Valdati, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk The Town Clerk offered for the record the Affidavits of Posting and Publication duly signed and notarized. (These Affidavits are attached hereto and made part thereof of the Minutes of this Hearing). Mrs. Smith explained that the amendment was to correct the language as to the time of the year and the hours that the no parking would be enforced on these roads. She asked for comments from the public either for or against the proposed Local Law, but there were no comments made. MRS. VISCONTI moved to close the Public Hearing, seconded by Mr. Incoronato and unanimously carried. The Hearing closed at 7:05 P.M. Elaine H. Snowden Town Clerk TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER AFFIDAVIT OF OF POSTING NOTICE OF PUBLIC HEARING ON A PROPOSED LOCAL LAW *ME#BiN8 LGGAL LAW-#& GF 1990 REGULATING PARKING ON ERVIN DRIVE AND BLACKTHORN LOOP IN THE TOWN OF WAPPINGER STATE OF NEW YORK ) ) ss: COUNTY OF DUTCHESS ) ELAINE H. SNOWDEN, being duly sworn, deposes and says:l 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 August 13th, 1990, your deponent posted a copy of the attached notice of Public Hearing on a proposed Local Law Amending Local Law #3 of 1990 Regulating Parking on Ervin Drive and Blackthorn Loop, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Town of Wappinger, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger Sworn to before me this o? day of y„?' 1990. NOTARY PUBLIC CONSTANCE O. SMITH NOTARY PUBLIC, State of New Y*' #'4657191 Dutchess County C,emrnlulon Expires vd/E 30,19-2t rl Southern Dutchess News 914 297-3723 84 EAST MAIN STREET — WAPPINGERS FALLS NEW YORK - 12590 AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Elisabeth. Inacker ........................................................ of the Town of Wappinger, Dutchess County, New York, being duLy sworn, says that he is, and at the several times hereinafter was, the ... of the SOUTHERN DUTCHESS NEWS, a newspaper printed and published every Wednesday in the Town of Wappinger, Dutchess County, New York, and that the annexed NOTICE was duly published in the said newspaper for one weeks successively in each week, commencing on the .15th– day ofAuaus.t ... 19-29 and on the following dates thereafter, namely on ....................................................... and ending on the .15th ..... day of Aug.:...... 1990. both days inclusive. Subscribed and sworn to before me this ,15th A day of .... uqus t ....... J 1990. My commission expires Notary Public RACHEL WISHART NOTARY PUBLIC, STATE OF NEW YORK OUALIFIED iii DUTCIIESS COUNTY d 144355902 COMMISSION EXPIRES MARCH 31, 1%_J