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1986-12-01 RGMAGENDA TOWN BOARD TOWN OF WAPPINGER BIMONTHLY MEETING DECEMBER 1, 1986 i 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Nov. 17, 1986 4, REPORTS OF OFFICERS: 5. PETITIONS & COMMUNICATIONS a. John Feldman, Sr. Env. Analyst, DEC, re: Lead Agency for Willow- brook proposed and and gravel mining proposal b. Rob't Nichols, Pres. So. Dutchess Civic Assoc. re: objections to I Willowbrook Soil mining proposal on Robinson Lane I� c. Barry Kaufman, Meter Reader, re: dog problem ii d. Notice of P.H., T/East Fishkill je. Vacancy on Board of Assessment Review f. Eng. to Town - response on Boat ramp, Chelsea g. Contrail Rezoning request - preliminary referrals h. Add'1 recommendation for acceptance of Pond View Pump Station (C i. Mrs. Price & Mrs. Werner re: traffic patterns - Brown Rd. j. D. Co. Dept. Public Works - Draft EIS - Maybrook Railbed Highway k. Rondout Electric - Final payment 6. COMMITTEE REPORTS it i' 7. RESOLUTIONS a. Open Space Subd. Zoning Ordinance Amendment b. Architechural & Historic Dist. Adv. Bd. Ord c. Bids - Drainage Improvements - Smith Crossing Rd. �j d. Wappinger Sewer Imp. Area #1 - bonding Resolution I 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT { t t I f REMINDER !x w 2 Public Hearings - 7 P.M. & 7:15 P.M. The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on December lst, 1986, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 8:00 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, Councilman June Visconti, Councilwoman Elaine H. Snowden, Town Clerk Others Present: Joseph E. Paggi, Jr., Engineer The Meeting started with the Pledge of Allegiance to the Flag. The Minutes of the Regular Bimonthly Meeting of November 17, 1986, having previously been forwarded to all Board Members, were placed before the Board for their consideration. MR. FARINA moved that the Minutes of November 17, 1986, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mrs. Visconti Motion Unanimously Carried A letter was received from John Feltman, Sr. Environmental Analyst with the New York State Department of Environmental Conservation, indicating that they have no objection to the Town of Wappinger assuming lead agency for the Willowbrook Sand and Gravel Mining Proposal. MR. FARINA moved to receive this correspondence and place it on file. Seconded by Mr. Reis Motion Unanimously Carried On a related matter, Robert Nichols, President of the Southern Dutchess Civic Association wrote to the Board indicating his concerns on the Willowbrook Proposed Sand and Gravel Mining Proposal. MRS. PAINO moved to forward a letter to Mr. Nichols indicating that the Town Board has the same concerns as he ---noise pollution, dust and dirt, traffic and decrease in home values, also indicate that his correspondence will become a public record and will be used as part of the S.E.Q.R.A. process on this application unless he has an objection which should be filed within ten (10) days in the Supervisor's Office. Seconded by Mr. Reis Motion Unanimously Carried W A second complaint was received from our meter reader, Barry Kaufman (the first one on Aug. 22, 1986) regarding problems with a dog at 50 Tor Road. He cannot obtain access to this property to read the meter as the dog growls and barks when he approaches this house; the owner warned him in August when he went to read the meter that if he went on the property the dog might bite him. He expressed concern that he has to make several trips in his attempt to read the meter and doesn't think that should be expected of him. MR. FARINA moved to send a letter to the homeowner at 50 Tor Road and indicate that the Town is considering estimating his water usage and it will be his responsibility to inform the Town of his meter reading unless he takes the necessary action to control the dog and allow the meter reader safe access to the property to read the meter. Seconded by Mrs. Paino Mr. Farina requested that this letter be copied to the Attorney to the Town, the Water and Sewer Billing Clerk (Debbie Brown) and the meter reader (Barry Kaufman). A Notice of Public Hearing was received from the Town of East Fishkill regarding a proposed Local Law Increasing Certain Development and Review Fees in their Town. The Public Hearing date is December 4, 1986 at 8:00 P.M. at the Town of East Fishkill Town Hall. MR. BRACONE moved to receive this notification and place it on file. Seconded by Mr. Farina Motion Unanimously Carried A vacancy still existed on the Board of Assessment Review and the Board Members were asked if they wished to consider an appointment. MRS. PAINO moved to table action on an appointment to this Board. Seconded by Mr. Reis Motion Unanimously Carried A report was received from the Engineer regarding the proposed Chelsea Boat Ramp. MR. REIS moved to receive this report and place it on file as there are other alternatives that the Recreation Commission is investigating. Seconded by Mr. Farina Motion Unanimously Carried It was noted that a copy of the Engineer's Report was forwarded to the Recreation Commission. A draft letter for preliminary referrals on Contrail Zoning Application was received from the Attorney. Before the Town Board takes any action on this application it will be referred to pertinent agencies of the Town for their comments. MRS. PAINO moved to forward the Attorney's letter on Contrail Zoning Application to the Town Planning Board, the Dutchess County Department of Planning, the Conservation Advisory Council and the Engineer to the Towle, and a copy to the Attorney for her files. Seconded by Mr. Reis Motion Unanimously Carried A report was received from Dare Fitzpatrick of Camo Pollution Control regarding five items of concern after their inspection of the Pondview Pump Station. Mr. Farina noted that there were two items listed of concern to him; one was a possible oil leak in the head of compressor #1, the other, conduits to the alarm are lost and full of water. MR. FARINA moved to direct a letter to Highland Glen Development Company indicating that the Town cannot accept the pump station until all five items listed in Mr. Fitzpatrick's letter are resolved. Seconded by Mr. Reis Motion Unanimously Carried Mr. Farina requested that a copy of this letter be forwarded to Camo Pollution Control. Correspondence was received from Mrs. Price and Mrs. Werner regarding traffic patterns on Brown Road. MRS. PAINO moved to refer this correspondence to the Highway Superintendent and the Engineer to the Town to investigate the portion of Brown Road within this Town and report their recommendations on alleviating the problems to the Town Board. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina asked that both of the residents be notified of this action. mrl A proposed outline of a Draft Environmental Impact Statement on the Maybrook Railbed Highway was received from the Dutchess County Department of Public Works. MR. FARINA moved to receive this communication and place it on file. Seconded by Mr. Reis Motion Unanimously Carried It was noted that copies of this outline of the Draft Environmental Impact Statement on Maybrook Railbed Highways were forwarded to tha Planning Board and the Engineer. A request was received from Hayward and Pakan Associates for final payment to Rondout Electric for work done at the Town Hall. MR. REIS moved to authorize the payment of $14,090.73 to Rondout Electric upon receipt of the warranties and manuals on the equipment they have installed. Seconded by Mr. Bracone Motion Unanimously Carried Committee Reports --- Mr. Bracone had no reports for this meeting. Mr. Reis, Recreation-- invited all to the Christmas Tree Lighting on Sunday, December 7, 1986 at the Schlathaus Park. Both he and the Supervisor worked on obtaining a Christmas Tree, which they did, in conjunction with the Recreation Commission. The tree is about 25' tall and is now in place at the Park. Festivities will begin at 6:45 P.M., tree lighting, chorus, music, possibly two bands and gifts for the children. A tree of this size will be the first for the Town of Wappinger and they hope to make this a yearly event and get a larger tree next year. Mr. Farina wished to remind the residents that CWWIA is offering a $500.00 reward for information leading to the arrest and conviction of the vandals who put the graffiti on the Maxwell Place Water Storage Tank. Mrs. Visconti, Airport Advisory Committee, reported that results of the Marist survey on paid parking at the airport were released. They are looking into three options and one, in particular seems to be very viable and they feel it should raise some money toward the airport maintenance and it can be implemented with a minimum of expense. This will be reviewed at the December meeting and they hope to have a decision made by January. Resolutions --- A Public Hearing having been held by the Town Board on an Amendment to the Zoning Ordinance Providing for a New Section Entitled, "Mandatory Open Space Subdivision" the matter was placed before them for their consideration. MR. FARINA moved to adopt the following Ordinance: An amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of adding a New Section entitled "MANDATORY OPEN SPACE SUBDIVISION". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted on March 10, 1980 and as amended from time to time is further amended by adding Section 427 as follows: Section 427 MANDATORY OPEN SPACE SUBDIVISION Section 427.1 Purpose It is the intent of the Town of Wappinger to maintain open space whenever possible in order to preserve the aesthetic quality and rural nature of the Town. The purpose of the Open Space provision of this Ordiance is to permit the grouping of single-family dwellings on suitable soils within the various Residential Districts, on lots of a reduced size, and to distribute the open space made available by this reduction, to achieve a design of such subdivision to accommodate residential development in a manner which will minimize the impact of development on open space in general, including other important components of the environment relevant to the affected area. The Planning Board, upon review of a residential subdivision proposal, may request authorization from the Town Board pursuant to Chapter 412 of State Law, 1982, requiring the applicant to provide an open space subdivision in compliance with this Ordinance and other duly adopted standards, to accomplish the intent and purpose stated herein. The applicant will only be required to provide an open space subdivision when one or more of the following objectives, in the opinion of the Planning Board, is better accomplished by an open space subdivision, as compared to a subdivision designed by conventional grid pattern. The Open Space development provision of this Ordinance does NOT result in there being any more single-family dwellings than would have been allowed under a conventional subdivision. 427.11 Protection of Water Protection of the ground or surface water, wetlands, floodplains, or unique areas of natural or historic significance. 427.12 Soils Prevent development on soils which would present a special hazard from erosion, slippage, settling, or other characteristics unsuitable for the proposed use. 427.13 SEQRA Mitigation of impacts indentified State Environmental Quality Review Law #2, 1977. 427.14 Open Space through application of either the Act or Town of Wappinger Local Preservation of open space to provide a visual screen or separation between structures and places commonly occupied by the public. 427.15 Roadways Minimize the number of new roads or driveways obtaining access from existing roads, and the amount of new road to be dedicated to the Town. 427.16 Master Plan Accomplish specific goals indicated in the Town of Wappinger Master Plan regarding those dealing with residential development. 427.2 Application for Open Space Development The Town Board may, by resolution, authorize the Planning Board to require an Open Space development on a particular site or tract of of land. 427.21 Procedure Where the Planning Board deems it in the interest of the Town, the Planning Board shall request the Town Board to authorize it to mandate an Open Space development. Such request shall specify the element or elements (from XXX above), if any, which justify preservation, and shall specifically describe the means by which an Open Space development would further the purposes set forth above. At the same time that the Planning Board's request is sent to the Town Board, a copy shall be sent by regular mail to the owner of the land for which the application is being made, at the owner's last known address. Such owner shall have the right to submit any relevant information to the Town Board. The Town Board shall review the information submitted by the Planning Board and the property owner. At the owners request, the Town Board shall meet with the owner to discuss the desirability of mandating an Open Space development. At any such meeting the Planning Board or its designated representative(s) may be present. After reviewing the documents and evidence submitted, and the criteria set forth in Town Law, Section 281, the Town Board shall determine whether or not to authorize the Planning Board to require submission of an Open Space development plan. The determination shall be considered a legislative determination by the Town Board. Copies of the Town Board's determina- tion shall be sent by regular mail to the Planning Board and the property owner at the owner's last known address. If the Town Board declines to authorize a mandatory Open Space development, then the Planning Board shall continue to review any conventional subdivision plan submitted by the owner. If the Town Board authorizes a mandatory Open Space development, then the Planning Board shall forthwith determine whether or not to require such development proposal, and proceed with the application under the applicable provisions of this Section. If the Planning Board determines that an Open Space development shall be required, the Planning Board shall have the right to establish; the areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways, recreation areas and related facilities, and all other physical features as may be shown on any proposed Open Space Development Plan. An application by the Planning Board to the Town Board for authorization to mandate Open Space development may be made at any time prior to preliminary plat approval, but may not be made after preliminary approval of a conventional subdivision has been granted. 7t� ;19s 427.22 Application Procedure Except as provided in this Section, the application procedure shall be that of a conventional subdivision application. as provided for in the Town of Wappinger Subdivision Regulations. 427.3 427.31 Open Space Development Plan Upon the presentation of a subdivision plan for an open space subdivision of land for residential dwellings to be approved by the Planning Board, showing all natural and proposed features of the subdivision, the Planning Board may waive the heretofore established requirements and the required lot sizes, pursuant to Section 281 of the Town Law, provided that: 1. The lot size per single-family detached dwelling is not less than 12,000 square feet. 2. The frontage on a town road or public right-of-way is not less than 80 feet for half the lots in any group of housing units, or less than 50 feet for the remaining lots in any group of housing units. Not more than two 50 foot frontages shall be adjacent to each other. 3. The building height, for single-family dwellings, is not more than 24 feet. 4. The lot width at the building line is not less than 100 feet. 5. The lot depth is not less than 120 feet. 6. The distance between buildings shall be no less than 30 feet. 7. The side yard is not less than 15 feet. 8. The front and rear yard shall not be less than 35 feet. 9. All groups of housing units shall be separated by a minimum of 100 feet of open space. 10. The minimum distance between the lot line of any group of housing units and subdivision property line shall be 100 feet. 11. The minimum gross lot size for an Open Space development shall be 10 acres. 12. The permanently deeded open space area shall be not less than 50 percent of the lot area in any residential district. 13. The maximum amount of impervious surface shall not be more than 15 percent of the gross lot size of the Open Space development. 14. In no case shall the permitted number of dwelling units exceed the number of dwelling units which would be permitted, in the Planning Boards judgement, if the land had been divided into lots conforming to the minimum lot allowed by this Ordinance for the district or districts in which such land is situated and conforming to all other applicable requirements. 15. Building lots shall be required, whenever possible, in the Planning Boards judgement, to be situated on soils which will adequately support such development. 427.4 Board of ARchitectural Review In reviewing the application for Open Space development, the Planning Board shall request that the Board of ARchitectural Review determine the suitability of the proposed design and materials, and the Planning Board shall have the right to require that said design and materials used shall be modified so as to be more consistent with and harmonious to the general surrounding community and its environment. 427.5 Review Criteria In addition to the requirements of this section, the Planning Board shall develop standards and criteria to be used during the review of an Open Space development. 427.6 Consultants When reviewing an application under the provisions of this section, the Planning Board may retain independent architectural or engineering consultants. The reasonable fees and expenses of such consultants shall be paid by the applicant. 427.7 Perpetual Open Space 427.71 Ownership Perpetual open space land, as required by this section, shall be in one of the following forms of ownership: 1. A homes association approved by the Town Board. 2. Any other arrangement approved by the Town Board as satisfying the intent of this section. 427.72 Permanent Preservation ti Perpetual open space land, to remain forever wild, shall be dedicated to permanent preservation by the use of a conservation easement granted to the town or to a qualified not-for-profit organization pursuant to Article 49, Title 3 of the Environmental Conservation Law. The town shall accept the conservation easement pursuant to Section 247 of the General Municipal Law. All property rights to the perpetual open space lot, with the exception of uses not allowed as specified in the conservation easement, shall remain with a home association; All perpetual open space dedicated to permanent preservation shall be recorded directly on the subdivision plat. Resubdivision of such areas is prohibited and wording so stating shall be noted on the final plat. No structures may be erected on the perpetual open space except as shown on the approved development plan or as approved by the town to aid in the management or use of the perpetual open land for non-commercial purposes. Each deed to each lot sold shall include, by reference, all recorded declarations, such as covenants, dedications and other restrictions including assessments and the provisions for liens for nonpayment of such. Prior to final approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all recreation and park improvement shown on the development plan and a maintenance bond to ensure the proper performance by the developer regarding all common lands. The amount and period of said bond shll be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Board. The developer shall delineate the boundary lines of the perpetual open space by the installation of monuments. Monuments shall be placed at minimum intervals of 200 feet or at each point where said boundary line changes alignment. When the placement of a monument is required for any particular lot, it shall be installed prior to the issuance of the Certificate of Occupancy for said lot. The location of all monuments shall be shown on the Open Space Development Plan. F 427.73 Homes Association 427.731 Requirements Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to require any conditions it shall deem necessary to ensure that the intent and purpose of this section are carried out. In consideration of said approval, the Town Board shall, in part, require the Open Space development to meet the following conditions: 1. The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner and any succeeding owner is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organizations activities. 2. Title to all common property shall be placed in the homes association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time. 3. Each lot owner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property. 4. Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association. 5. Dedication of all common areas shall be recorded directly on the subdivision plat, or by reference on the plat, to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall: a. Reserve the title of the common property for the homes association free of any implied public dedication. b. Commit the developer to convey the areas to the homes association at an approved time. C. Grant easements of enjoyment over the area to the lot owners. d. Give to the homes association the right to suspend membership rights for nonpayment of assessments or infraction of published rules. 6. Covenants shall be established limiting all lots to single family use, as stipulated on the approved development plan, and all common lands as perpetual open space. No structures may be erected on such common land except as shown on the approved development plan, or as approved by the town to aid in the management or use of the perpetual open land for non-commercial purposes. 7. Each deed to each lot sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such. 8. The homes association shall be perpetual and shall purchase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, provide for assessments and establish that all such charges become a lien on each property in favor of said association. The homes association shall have the right to proceed in accordance with all necessary legal action, for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the colleciton of any unpaid assessment in any court of competent jurisdiction. 9. The developer shall assume all responsibilities previously outlined for the homes association until a majority of the lots are sold, at which time the homes association shall be automatically established. 10. Prior to final development plan approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all recreation and park improvements shown on the development plan and a maintenance bond to ensure the proper performance by the developErregarding all common lands until the homes association is established. The amount and period of said bond shall be determined by the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Board. 11. Prior to plat approval, the town may form a park district of the Open Space subdivision including the perpetual open space, which district shall have the power to take over the work of the homes association in the event of default or non-performance, in the opinion of the Town Board, of such association, and to tax the property owners of such district in order to defray the costs associated with intended maintenance and control as required. 2. This Ordinance shall take effect upon adoption, posting and publication as prescribed by Town Law. Seconded by: Roll Call Vote: Supervisor Paino 5 Ayes 0 Nays A Public Hearing having been held by the Town Board on an Amendment to the Zoning Ordinance adding a New Section Entitled "Architectural and Historic District Advisory Board, the matter was placed before them for their consideration. COUNCILMAN REIS moved to adopt the following Ordinance: An Amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of adding a New Section entitled "Architectural and Historic District Advisory Board". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted March 10, 1980 and as amended from time to time is further amended by adding Section 428 as follows: SECTION 428 ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD 428.1 FINDINGS AND --PURPOSE The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. The general welfare of residents and of property owners as well as property values and the tax base, are enhanced by natural and man-made features and structures of visual and historical value. Excessive uniformity,dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and by so doing impairs the benefits of occupancy of existing property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof, and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this Ordinance to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, conserve the value of buildings and natural and man-made features and encourage the most appropriate use and development of land within the Town. Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to create an "Architectural and Historic District Advisory Board" (hereinafter referred to as "AAB") in order to accomplish these purposes and insure proper protection and development of the visual environment of the Town of Wappinger. 428.2 CONSTITUTION OF BOARD AND RULES OF CONDUCT 428.21 Appointment The AAB shall be appointed by the Town Board of the Town of Wappinger and shall consist of five (5) members, all of whom shall be residents of the Town of Wqappinger. Of the members first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years and one for the term of five years from and after his appointment. Their successors shall be appointed for a term of five years from and after the expiration of the terms of their predecessors in office. Members shall serve without compensation. Vacancies shall be filled by the TcwiBoard for unexpired terms of any members whose position on the AAB shall be come vacant. 428.22 Members The AAB member shall, insofar as possible, be chosen for qualification and training in the fields of architecture, landscape architecture, construction, planning, design, or other related disciplines. The Chairman of the Planning Board shall serve as an exofficio member of the AAB. If the Chairman of the Planning Board is unable to serve, the Town Board shall appoint another member of the Planning Board to serve in this capacity. 428.23 Chairman The Town Board shall designate one (1) member of the AAB as Chairman. 428.24 Advisors The Building Inspector, Town Planner, Town Attorney and the Town Engineer shall act in an advisory capacity to the AAB. 428.25 Quorum Three (3) members of the AAB shall constitute a quorum for the transaction of business. Decisions of the AAB shall be the result of a majority vote of the membership. 428.26 Meetings The AAB shall schedule meetings at least once a month, and meet in accordance with all provisions of the New York State Open Meetings Law. No meeting shall be required if no cases have been placed on.the agenda as of five (5) business days prior to the �( shceduled meeting. 428.27 Disqualification for Interest Any member of the AAB who has participated in any manner in the preparation of plans presented to the AAB for review shall not take part in the AAB review of such plans. Such member shall, prior to the convening of the AAB meeting at which such plans are first included on the agenda, notify the AAB, in writing, that he has participated in the preparation of such plans and is therefore disqualifying himself from participaiton in the review process thereon. 428.3 FUNCTIONS OF THE AAB 428.31 Review Authorit The AAB shall have the authority to recommend approval, approval with conditions, or disapproval of plans referred to it by the Town Board, Building Inspector, Planning Board, or the Zoning Board of Appeals. The Planning Board, Zoning Board of Appeals and Building Inspector may upon a finding that such review would be advisable, refer plans in the following catagories to the AAB: (a) National register and Locally Designated Properties and Districts. Plans for construction alterations, additions or restoration, located in Federal, State or locally designated Historic Districts or located on the same property as individual structures listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation, or locally designated by the Town of Wappinger as significant historic structures. (b) Site Development Plans. Site development plans before the Planning Board for review, relating to Industrial, Commercial, Office, Multi -Family, and Mobile Home Park development, and open space development. (c) Special Permit Uses. Applications for special permit uses in all districts. (d) Signs. Plans for construction or erection of signs. 428.32 Reports The AAB may, on its own initiative, issue reports recommending programs or legislation in the interest of preserving or improving the visual environment. 428.4 PROCEDURES 428.41 Applications The referring agency shall transmit to the AAB copies of the application and plans submitted by the applicant. If necessary, the AAB shall request additional information from the applicant to enable it to review the proposed project. Essential plans and information shall include, but not necessarily be limited to: (a) Planninq Board File. (b) Building Department File. Building Department files on the subject property and adjacent properties. (c) Plans and Elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. (d) Site Plans. A site plan, at appropriate scale, showing information required by Section 450 of the Zoning Ordinance. (e) Renderings. Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the AAB and at a scale deemed appropriate by the AAB. 428.42 Preliminary Design and Meeting with Applicant After referral to the AAB, applicants shall be encouraged to submit preliminary designs for AAB review and comment prior to final design submission. The applicant shall further be given the opportunity to discuss the proposed plans with the AAB at one of its meetings. 428.43 whenever deemed AAB shall visit Site necessary the site Visits. Insofar as is possible, and by the Chairman of the AAB, members of proposed construction. of the 428.5 STANDARDS FOR REVIEW In conducting its review, the AAB shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 428.51 New structures should be constructed to a height visually compatible with the buildings and environment with which they are visually related. 428.52 The gross volume of any new structure should be visually compatible with the buildings and environment with which they are visually related. 428.53 In the street elevation(s) of a building, the proportion between the width and height in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.54 The proportions and relationships between doors and windows in the street facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.55 The rhythm of solids to voids, created by openings in the facade, should be visually compatible with the buildings and environment with which it is visually related. 428.56 The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable. 428.57 The materials used in the final facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.58 The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related. 428.59 Colors and patterns used on the facade should be visually compatible with the buildings and environment with which it is visually related. 428.510 The design of the roof should be visually compatible with the buildings and environment with which it is visually related. 428.511 The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment with which it is visually related. 428.512 All street facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected. �kw 428.513 Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. 428.514 The setback of the building(s) from the street or property line, and the other yard setbacks, should be visually compatibe with the buildings and environment with which it is visually related. 428.515 Signs should be of a size, scale, style, materials and configuration and illumination that is visually compatible with the building to which it relates, and should further be visually compatible with the buildings and environment with which it is visually related. 3ao 428.6 FINDINGS 428.61 The AAB may make the following findings: Recommended. This finding shall be indicative that the plan will not be detrimental to the visual environment, meets the standards required by the Town of Wappinger, and may proceed through the normal approvals process. 428.62 Recommended with Conditions This finding shall be indicative that the plan will meet the standards of the "Recommended" category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed "Recommended". 428.63 Not Recommended This finding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications. The disapproved plan shall be returned to the referring agency accompanied by a written explanation of the reasons for the disapproval and the basis for the finding that the plan cannot be rendered acceptable by the imposition of conditions or modifications. 428.7 REPORT FINDINGS The AAB shall report its findings and recommendations to the referring agency in writing, within thirty (30) days of receipt of the referral. Copies of such reports are to be distributed by the referring -agency to any agency of the Town of Wappinger concerned with the project under consideration and to the applicant. 428.8 SUBSTANTIAL CHANGE OF APPROVED PLANS Any substantial change in siting or in the exterior appearance of an approved project may be subject to review and reconsideration by the AAB at the discretion of the appropriate referring agency. 428.9 FINAL ACTION BY REFERRING AGENCY The findings and recommendations of the AAB shall be considered advisory, and the final decision on approval of the plans or application shall be made by the appropriate referring agency. 2. The provisions of this Ordinance are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitu- tionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this Ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the Ordinance or part thereof is held inapplicable, had been specifically exempt therefrom. 3. This Ordinance shall take effect upon adoption, posting and publication as prescribed by Town Law. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays 361 Three Bids were received and opened on November 21, 1986 on the Smith Crossings Road Drainage Improvements Project, as follows: Sun Up Enterprises, Inc. $ 76,622.00 Ben Ciccone, Inc. 86,000.00 Paleen Construction Corp. 109,200.00 The bids were reviewed and found to be in order and the Engineer recommended that the bid be awarded to Sun Up Enterprises, Inc. for the amount quoted, as low bidder. Mrs. Paino noted that there are sufficient funds in the Downstream �4W Drainage Account to complete this project. MR. BRACONE moved to award the bid to Sun Up Enterprises, Inc. as low bidder in the amount of $76,622.00, as recommended by the Engineer. Seconded by Mr. Reis Motion Unanimously Carried A Public Hearing having been held on September 25th, 1986 on a Proposed Sewer Improvement Area in the Town of Wappinger, the matter was placed before the Town Board for their consideration. The following Order was offered by COUNCILMAN REIS who moved its adoption: WHEREAS, a plan and report have been duly prepared in such manner and in such detail as has been determined by the Town Board of the Town of Wappinger, Dutchess County, New York, relating to the detection and location of inflow and infiltration in mains and lines of the Wappinger Sewer Improvement Area No. 1 and the establishment of a proposed Sewer Improvement ARea therefore, and WHEREAS, said plan and report have been filed in the office of the Town Clerk where they are available for public inspection, and WHEREAS, the proposed area determined to be benefitEd by said Sewer Improvement shall be coterminous with the boundaries of the existing Wappinger Sewer Improvement Area No. 1, and WHEREAS, the Town Board of the Town of Wappinger duly adopted an Order on September 2, 1986 calling a public hearing upon said plan and report and the question of creating a proposed sewer improvement in the manner aforesaid, such public hearing to be held on the 25th day of September, 1986 at 7:00 o'clock P.M., Prevailing Time, at 20 Middlebush Road in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same, and WHEREAS, Notice of said public hearing was duly posted and published as required by law, and WHEREAS, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof were heard concerning the same, and WHEREAS, It is now desired to authorize the creation of the aforesaid Sewer Improvement Area and the construction of the improvements therefor; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Wappinger, Dutchess County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish the aforedescribed Sewer Improvement Area and to make such sewer improvement and such sewer improvement is hereby authorized. The proposed area hereby determined to be benefitted by said Sewer Improvement is coterminous with the boundaries of the existing Wappinger Sewer Improvement Area No. 1. Section 2. The proposed improvement shall consist of the detection and location of inflow and infiltration in mains and lines of the Wappinger Sewer Improvement Area No.l, at a maximum estimated cost of $65,500, and the method of financing of said cost r shall be by the issuance of serial bonds of said Town of Wappinger to mature in annual installments over a period not exceeding forty years and such bonds shall be payable from assessments levied upon and collected from the several lots and parcels of land deemed benefitted by said improvement and located in said benefited area, so much upon and from each as shall be in just proportion to the amount of the benefit which the improvement shall confer upon the same. Section 3. It is hereby determined that the estimated expense of the aforesaid improvement does not exceed one tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of villages and, therefore in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such improvement. Section 5. In accordance with the provisions of subdivision 11 of Section 209-q of the Town Law, this resolution shall take effect immediately, since the area to be benefitted by the aforesaid improvement does not include the entire area of the Town outside of any villages. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays The following resolution was offered by COUNCILMAN REIS who moved its adoption: A RESOLUTION AUTHORIZING THE ISSUANCE OF $65,500 SERIAL BONDS OF THE TOWN OF WAPPINGER, DUTCHESS COUNTY, NEW YORK TO PAY THE COST OF THE CONSTRUCTION OF A SEWER IMPROVEMENT IN SAID TOWN. WHEREAS, pursuant to proceedings heretofore had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly an order dated September 2nd, 1986, the Town Board of the Town of Wappinger, Dutchess County, New York has established a Sewer Improvement Area in said Town for the purpose of detecting and locating inflow and infiltration in mains and lines of the Wappinger Sewer Improvement Area No. 1, and WHEREAS, It is now desired to authorize the issuance of $65,500 serial bonds of said Town to pay the cost thereof, NOW, THEREFORE, BE 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 detection and location of inflow and infiltration in mains and lines of the Wappinger Sewer Improvement Area No. 1, there are hereby authorized to be issued $65,500 serial bonds of the Town of Wappinger, Dutchess County, New York pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of such specific object or purpose is $65,500 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. 303 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 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. 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, Dutchess County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such obligations as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said Sewer Improvement ARea which the Town shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in 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 as the same shall become due. 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 preceeding 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, which takes effect immediately, shall be published in full in the W. & S. D. 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 Farina Roll Call Vote: 5 Ayes 0 Nays Two recommendations were received from the Attorney who had been handling Tax Certioriari matters for the Town, involving the settlement of Imperial Gardens Company and Imperial Plaza Partnership (A.S. Properties). MRS. PAINO moved to table action on these recommendations. Seconded by Mr. Reis Motion Unanimously Carried Unfinished Business --- There was no unfinished business to come before the Board. 3 6�1 New Business --- The Town Clerk was served this day with an Article 78 from D.W.S. Holdings on the Benefit Assessment Roll. MRS. PAINO moved to refer this Article 78 to the Attorney to the Town to defend on behalf of the Town of Wappinger. Seconded by Mr. Farina Motion Unanimously Carried Mr. Farina read the following letter from U. S. Cablevision: November 24, 1986 Elaine Snowden, Town Clerk Town of Wappinger Town Hall P.O. Box 324 Wappingers Falls, N.Y. 12590 Dear Ms. Snowden: In accordance with the Cable Communications Policy Act of 1984, January 1, 1987 marks the end of rate regulation for this nation's cable system operators. The rate deregulation provision is designed to give operators control over rate decisions, and in effect, more leeway to establish prices that will allow them to adequately cover expenses, and concurrently, make a reasonable profit, just like any other unregulated business. It must be stressed, however, that U. S. Cablevision Corp. does not consider rate deregulation as the mechanism for providing us with absolute freedom to increase prices to any amount without regard to the interests of our customers. Clearly, it is in our interests to charge ratesthat are reasonable, and in accord with market considerations and subscribers' perceived value of cable service. Effective January 1, 1987, we will be raising the monthly rate for basic service by $2.08 from $9.92 to $12.00. We firmly believe these adjustments are reasonable in light of substantial increases in the "per -subscriber, per -month" fees we pay for the programming channels we offer, as well as taxes, franchise fees, equipment and materials costs, labor costs, other expenses, and corresponding profit considerations. We are also decreasing the monthly rate for Home Box Office by $1.00, from $12.95 to $11.95. Our subscribers will be notified of these adjustments prior to December 1st. A copy of this notification is attached. I believe it is important to make note of the advancements in programming and customer services we've made over the past year. All of our actions indicate that we are deeply committed to providing a level of cable television service to this community that is a real value for the money. In response to our subscribers' interest in more programming choices, on January 1, we will be adding Cable Value Network and The Discovery Channel to our "expanded" cable service. We will also be replacing our part-time Country Music Television coverage on channel 10 with Video Hits One, the popular music video station, I hope you enjoy these diverse and outstanding new programming services. In response to requests for better -customer service, we have a new telephone system which is capable of handling calls quickly and efficiently. We also built a new, more centrally located regional office in the Town of Wappinger. 34.5-- 62, a.5-- In response to requests for better overall cable service, we continue to rebuild our system and upgrade field equipment to improve signal quality and reliability, and increase channel capacity. U. S. Cablevision Corp. continues its commitment to providing this community with quality cable television entertainment and responsive customer service at the most reasonable prices possible. As always, your support and input are greatly appreciated. I would be happy to sit down with you and discuss any questions or comments you may have about cable television service, or the provisions of The Cable Communications Policy Act. Sincerely, s/ Howard H. Erichsen Regional Manager Mr. Farina took up Mr. Erichsen's invitation to discuss questions and comments on the cable television service and brought up a communication from Mr. Erichsen dated October 22, 1986, which stated in part "on January lst, we will be adding three new channels to expanded basic service Cable Value Network, Home Shopping, WTZA Channel 62 from Kingston, New York, and Discovery Channel which offers a variety of science and history program". Mr. Farinia asked Mr. Erichsen what happened to Channel 62 as it was not mentioned in his recent communication, just read by Mr. Farina and the response was that Channel 62 declined their offer to be put on cable. Upon checking with Kathy Yanas, Public Relations with Channel 62, Mr. Farina was informed that U. S. Cablevision rejected a proposal from them and they have been trying to be on this cable system since they started broadcasting. MR. FARINA moved to forward a letter to U. S. Cablevision Corp. attention of Charles Townsend, III, President of Colony Communications, Inc. indicating that the Town is sincerely interested in having Channel 62 on the cable system at no extra cost to the customers, and Channel 62 is desirous of broadcasting on this cable system. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Farina requested that a copy of this letter be forwarded to Kathy Yanas at WTZA Channel 62. Mr. Farina's second item relating to the cable company was the fact that the company has increased their rates more than 50% in three years, the most recent one will be effective January 1, 1987. MR. FARINA moved to direct a letter to U. S. Cablevision Corp. objecting to a 50% raise within three years which is not consistent in providing stable prices at a reasonable profit which is normal 366 practice with other nonregulated businesses. Seconded by Mrs. Paino Motion Unanimously Carried Mr. Farina pointed out that if this happened with other businesses, you would soon find another company to deal with, however, in this case we do not have that option as we are locked into a franchise agreement with the cable company until 1990. MR. FARINA moved to request an opinion from the Attorney to the Town as to what recourse we may have to legally withdraw from the franchise agreement. Seconded by Mrs. Paino Motion Unanimously Carried The third item Mr. Farina referred to was a complaint filed with U. S. Cable Commission by a resident of the Town that he did not have the Nashville Network. The response to the complaints from Mr. Erichsen was "there was not a demand for two country music type programs on the cable system", however, as previously mentioned, effective January lst, the country music T. V. station will no longer be available. The response from Mr. Erichsen when asked if he was going to do anything about the complaint was "the answer was adequate at the time". What about the future now that the resident has no options for country music, the response ---"we'll deal with it if he complains again". Mrs. Paino noted that the Town of Wappinger will be on record as being opposed to the recent notification of increasing rates for cable television. Ed Lawrence, Stoneykill Road, was recognized by the Chair and noted that his area has been waiting for over eight months for cable and they haven't received it as yet. Mr. Farina brought that up in his conversation with Mr. Erichsen who is under the impression that they are hooked into the system; he suggested that Mr. Lawrence contact Mr. Erichsen and make him aware of the fact that they are not receiving cabletelevision. Bernice Mills was recognized by the Chair and commented that the cable company has sole rights and controls under the new law, however, she felt that the State Legislators should be contacted about local controls on these companies otherwise they can continue doing their own thing. She also brought up the fact that notices were sent from Channel 62 pointing out that they would like to be on the cable system but the customers should check with their local cable companies to provide them. If there's some discrepancy there, someone should be brought to task. Also, this reception cannot be free, you need an adapter unless you have a new TV to bring in the lines. Mr. Farina agreed that the legislators should be contacted, namely Assemblyman Stephen Saland and Senator Rolison. There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and unanimoulsy carried. The meeting adjourned at 8:35 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 12/1/86 30� A Public Hearing was held by the Town Board of the Town of Wappinger on December 1, 1986 at the Town Hall, Middlebush Road, Town of Wappinger Dutchess County, New York, on an Amendment to the Zoning,Ordinance Providing for a Board of Architectural Review and Historic District Advisory Board. Supervisor Paino opened the Hearing at 7:00 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, 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. Paino asked for comments from those present either for or against the proposed Amendment. Victor Fanuele, Planning Board Member, agreed with what the Ordinance could achieve but he had a problem with the "Standards Section" where nearly every one of the Section included say it must be visually compatible with what is next to it. That means you're going to have more of the same. If someone wants to build next to McDonalds', that means it has to look like McDonalds, say for instance Burger King; this means if the siding is vertical they must go for the same, they can't make it horizontal, also if McDonald is orange, Burger King will have to be orange. He was not too sure that was what they wanted, plus if they haven't got a theme to go through the Town, he's not sure what the Board will be reviewing. If you haven't got a theme such as historic or modern or whatever it's hard to plan; that's the only problem he has. There were no other comments made for or against the proposed Amendment. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Reis and unanimously carried. The Public Hearing closed at 7:04 P.M. E aine H. Snowden Town Clerk vkml WW • anti .. NEWS DISPLAY ADVERVSING CLASSIFIED ADVERTISING 914 297-3723 STREET—IMPPINGERS FALLS , NY 12590 84 EASTATAIN . _... ,----they are visually mated. o _ inano,wasoriersdby 428.53 In the street aveluatiort(s) o addOtion. building, the proportion between the wk An amendment 10 the Zoning Ordinance and height in trio hicatlels) Sttould be viat, of the Town of Wappinger for the purpose ly compatible with the buildings and i of adornQ new Section eMniatl "Archnec- vrronrhent wriri witch ri fa visually rotate lural and Ma"noric District Advatiory Board." 428.54 Trio proportorts and relatiorotu BE IT RESOLVED AND ORDAINED by between doors and winoows in Ins are the Town Board of Ins Town of Wappinger facapsls) should be vtsuYly OOnlpSttole oaf as follows: tris buildings and environment with whit 1 1. The Zoning Ordinance of the Town of Wappinger, duly &cooled March 10, 1990 it is visually IsJared. 428.55 The rhvtrim of "ids to voo AFFIDAVIT OF PUBLICATION - and as smended from time to time is tur- created by openings in the facade, shout , finer amended by adding Section 428 as be visually compatible won the buildsnngg follows: and enwronrnt with which it is wuall he SECTION 428 ARCHITECTURAL AND rotated. HISTORIC DISTRICT ADVISORY BOARD 428.56 The existing rhythm created b 428.1 FINDINGS AND PURPOSE existing building masses and spews be The Town Board finds that trio economy ween them should be preserved, insofar a antl Duality of Joe of the Town of Wapppoper practicable. State of New York, are affected by Its visual environment. The 428.57 The materials used in the fine general welfare of residents and of proper- _ ty Owners as well as property values and tecaoels) snould be visually irompati am writ the buildings and environmenl with whist County Of Dutchess, the lax Daae. are enhanced by natural and n is visually related, mara-maos features and structures of visual 428.58 The texture inherent in the faced Wappinger. and historical value. Excessive uniformity, should be visually compatible with tht Town of dissimilarity, inappropriateness or poor buildings and environment with which it a quality of design in the exterior appearance visually related. of buildings erected in any neighborhood 428.59 Colors and patients used on the adversely effects the destrabihty Of the int- facade should be visually compatible with Gisela Schmitz the mediate area and neighboring areas for the buildings and snvtronmenl with which • • • , • • , • . . . ..... .......... ........... . of residential and business purposes Or other it is visually related, use and by so doing impairs the benefits 428.510 The Design of the roof should be Town Wappinger, Dutchess County, ount} New York, of occupancy of existing property in such visually compatible with ins buildings and of , areas, impairs the stability and value of both improved and unimproved real property in environment won whim it is visually related. 428.511 The landscape plan should be being duly sworn, says that he is, and at the several _ such areas, prevents trio most appropriate sensitive to trio individual building, its oc. development of such areas, produces cupants and their needs. Further, the Wind. AQC?1*4'9PlP1*.. cegerteretion of property in such areas.whh $cape treatment should be visually corn times hereinafter was, the ... • ... • • • attertdam oeterioreton of conditions avec- ting trio health, safety, comfort and general petiole with the buildings and environment with which It is visually related.r of the W. & S.D. NEWS, a newspaper printed an welfare of the inhabitants thereat, and 428.512 All street tacadels)should bland oestroys a proper relationship between trio taxable value of real property in such areas with Other buildings via directional expres• slon. When adjacent buildings have a dbm: published every Wednesday in the year in the Town of and the cost of municipal services provid. nant horizontal or vertical expression, trial, so therefor. It is the purpose of this Or. finance to prevent these and other harm- expression should be carried over anc' reflected. Wappinger, Dutchess County, New York, and that the ful effects of such exterior appearances of 428.513 Architectural details should be buildings erected in any neighoomood and incorporated as necessary to Wme the new annexed NOTICE was cul published In the said y p mus to promote and protect the health, with the old and to preserve and enhance;t safety, comfort and general welfare of trio community, to promote the public conve- the inherent characteristics of the area. 428.514 The setback of ins buildng(s)f newspaper for ...931e . . .. weeks successively .. once. nience and prosperity, conserve the value from the street or property fine, and the', of buildings and natural and manmade features and encourage the most ap other yard setbacks, should be visually. compatible with the buildings and environ . in each week, commencing on the .19t4. day of. Ndor propriate use and oevelopment of land within the Town. Ment with which it is visually related. 428.515 Signs should be of a size, scale, 86 Accordingly. the Town Boom of the Town style, materials and configuration if. 19.... and on the following dates thereafter, namely of Wappinger hereby Imos that It is in trio and Iuntmation that is vasuahv compatible with best interests Of the citizens of trio Town the building to which it relates, and should: on of Wappinger and prolective Of Their health, further be visually IbmpatiDle with the safety, economic and general welfare to buildings and environment with which it is create an "Architectural and Historic visually related. ... .. .... ... .. .. . . .... ... .. . .. . . ... ..... . - District Advisory Board" (hereinafter refer. red atoas "AAS") in order to accomplish these insure 428.6 FINDINGS 428.61 The AAB may make tris following 1 •tit November and ending on the 9 ......day of. . g ' ' ' • purposes -and proper protec. - tion and oeveiopment of the visual environ moral Of the Town of Wappinger, findings: Recommended. This finding shall De in dicauve triaMhe plan will not be Oetrimea. .... 19.$6both days inclusive. 428.2 CONSTITUTION OF BOARD AND RULES OF CONDUCT eel to the visual environment, meets the standards required by the Town of Weep , I 428.21 Appointment ingar, anp may proceetl thrtkgn the rorrtlal ) The AAB shall os appointed by the Town Board of the Town Wappinger approvals process. o1 and shall consist of five (5) members, all of whom 428.62 Recommended with ConditionsI/ This lancing shall be indicative that tris . . . . . . shall be residents of the Town of W app- plan will meet the stanoards of the "Recor i- ager. Of me members first appointed, one mended" category with modifications or shall hold office for the term of one year, conditions. It the suggested modifications one for the term of two years, one for the term of three years, One for Iris term of four are made, the pian shall be deemed •'Recommended." Subscribed and sworn to before me years and one for the term of lave years, from and atter his appointment. Thar suc- censors shall d appointed fpr a term of the from and atter the 428.63 Not Recommended This finding shall be Indicative that the plan o found to be patrimonialthinsto the visual this .. 19th .... day of.... Nov e.///jjj 19. $ /t years expiration of She terms of their predecessors in office. environment and beneath the standards of r design required by the Town of Wappinger ........ • ✓ • • • Members snail serve without compensa- and cannot be rendered acceptable by the - tion. Vacancies shall be filled by the Town for unexpired terms of any memDers imposition of conditions or modifications. The disapproved plan snail be relumed td Notary Public whose position on the AAB snap become the referhng agency accompanied by a writ- ' vacant. ' 428.22 Members ten explanation of the reasons for the dtsap The AAB members small, insofar as proal and the basis for the finding that the plan cannot be rendered acceptable by the imposition of conditions or modifications. My commission expires ......................... 428.7 REPORT FINDINGS The AAB shall report its findings and _ recommendations to the relenting agency in writing, within thirty (30) days of receipt of trio„. referral. Copies of such repons are NOTARY L' i” ' ^ • ` r �`'^ ' O'RK to be distributed by the retorting agency to any (1Jii, fir:' l �!' ;j1 "•jj'}' - agency of the Town of Wappinoer coif. oemeb with the oro*M under consideration and to the applicant.. 428.8 SUBSTANTIAL CHANGE OF AP- COM. 1 S 0;:,.,L�, 1... ;;},r 31. PROVED PLANS- Any substantial change in siting or in trio exterior appearance of an approved protect may be sublect to review and reconsider&. ��. bon by Ins AAB at the dtscrelion of the ap propriate referring spent:yy 428.9 FINAL ACTION BY REFERRING AGENCY The findings and recommendations of _ the AAB snall be considered advisory, and the Anal decision on approval of the plans or application shall be made by the ap- vropriate referring agency. 2. The provisions of this Ordnance are separable and if any provision, clause, sentence, sutisecuon, word or pan thereof as held illegal, invalid or unconstitutional. or insptlicable to any Person or circumstance, such iaegaIny, invan day, or unconsillirttprala• ty, Of Inapplicability shall not affect or im- pair any of the remaining provisions, Clauses, sentences, subsections, words, or parts of thns-Ordnance or their application o Other persons or circumstances. It is hereOy oeciat0c 10 be the legislative intent that Inas Ordinance would have been adopted if such illegal, nnvatid, or un constitutional provision, Claus.,, sentence, subsection, word or pan had not been In daubed therein, enc it Such person Or car. curnstanoe, to which the Ordinance or pen thereof is held inapplicable, had been speeaficallyy exempt therefrom. 3. This Ordinance snail tare effect upon aoopbon. posting and publication as prescribed by Town LAw TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE ZONING ORDINANCE PROVIDING FOR A BOARD OF ARCHITECTURAL REVIEW AND HISTORIC DISTRICT ADVISORY BOARD. ------------------------------- STATE OF NEW YORK ) COUNTY OF DUTCHESS ) ss: 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 November 18, 1986, your deponent posted a copy of the attached Notice of Public Hearing on an Amendment to the Zoning Ordinance Providing for a Board of Architectural Review and Historic District Advisory Board, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Dutchess County, New York. Elaine H. Snowden Town Clerk Sworn to before me this 1-11t day of v'�iiYr���••l'y 1986. CECILE S. HAWKSLEY NOTNtY XWXa STAU OF NZW YQ�& NO.4866032 QUAUm N DUiClIESS com COIMIISSpMI EX M AUG. 4, I9 Lf Notary Public A Public Hearing was held by the Town Board of the Town of Wappinger on December 1, 1986, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York, on an Amendment to the Zoning OrdinanceProviding a New Section Entitled "Mandatory Open Space Subdivision. Supervisor Paino opened the Hearing at 7:15 P.M. Present: Irene Paino, Supervisor Joseph Bracone, Councilman Vincent Farina, Councilman David Reis, 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). Both the Dutchess County Department of Planning and the Town Planning Board have submitted their recommendations on this Amendment. Mrs. Paino asked if there were any comments or questions on this proposed Amendment. Victor Fanuele noted that he had a problem with the "Standards Section", under #1, the lot size per single-family dwelling must be not less than 12,000 square feet, this will be a problem with water and sewer. The lot does not have to be in the districts which means that the Town will have to supply these facilities and he's not sure that the Town is in the position to offer water and sewer. Under #2, it says 50% of the district area has to be left open and he feels that is probably too much to be left open. If you have 10 acres, that means 5 acres have to be left open for open space and footage for the road, it winds up to be about 4 acres to develop on ---10 acres is too small and 50% is too much. Under Section 427.72, it says open space shall remain forever wild, yet under 427.21, Procedure it talks about recreation in open space --he felt that this is contradictory. In the last paragraph of 427.22, it states that an application by the Planning Board to the Town Board for authorization to mandate Open Space development may be made at any time prior to preliminary plat approval, but may not be made after preliminary approval of a conventional subdivision has been granted. He did not feel this was right, they should be open to renogiation at any time, and suggested that the words "unless agreed to by the applicant" be added. At this point they might have a preliminary subdivision application and they might be interested in open space development. Another concern was open space along the roadway which could invite dumping. Even in the back this invitation still stands; if a person owns the property he will monitor it so dumping will not be practiced. An alternative would be to have a park association or owners association own the back and extend the property line to the back and have an easement so they can't develop the back piece. At least they'll be there to take care of it and police their own area and still have the green open area effect. They talked about auxiliary buildings on the open space but there's no mention of auxiliary buildings or waht would be the setbacks. In the current Ordinance if you build a garage which is an auxiliary building, there's provision on how close this building can be to the line which is 10 feet from the line. There's a problem if they build an auxiliary garage next to the building and you wind up defeating the sideline variance. The Ordinance also talks about bonding ---are we still accepting bonds in the Town or Letters of Credit or some other form, as a guarantee that the work will get done. Mrs. Turk read the legal notice and was not too sure about the open space or green belt. Where there's property in location of the power lines, what are they going to do with that. Another thing there's a 10 acre minimum, will there be any space between each green belt or one green belt after another like shopping mall effect. What about water and sewer ---water in some areas in Wappinger is not very good. If you build a big development of about 100 acres, you will definitely need a central water system and people who live around green belts with private wells have been depleted. Will the Town protect these wells and bring central water system to the wells that are depleted? The Ordinance states 12,000 square feet for single family and her thought was there's a lot of people coming up from the city and they don't want to be clustered together, they want a rural area. What about bringing in sewer lines to big developments of 100 homes? What about sludge removal? Is the green belt area based on any other development in the country? Have they watched this work before, have you given any thought to this, have you seen these systems work. A neighbor who could not be present requested that she ask other questions. What about if you're in one acre zoning and they want to cluster the houses, why not leave the house on one acre and have a green belt around.there, that would be more rural. -How many developments will the Town allow and how much spacing between each green belt? Jean Pitchford noted that they didn't answer Mrs. Turk's question --- what is the model for this proposal, was this patterned after any other development. Mr. Hawksley, Chairman of the Planning Board who was instrumental in putting this Ordinance together responded that the Ordinance was based on several other ones adopted in the State of New York and he felt they were working with relative success. Mrs. Pitchford noted that in the Town of Beekman they wanted to use the golf course for a green area and they were turned down. Mr. Hawksley was not knowledgable of this and her reply was that he should be aware of these things since he's on the Board in this Town. She had many questions ---427.12, Soils, prevent development on soils which would present a special hazard from erosion, slippage, settling, or other characteristics unsuitable for the proposed use; this, she felt should be under the present zoning, why need a special Ordinance to enact this. Under Section 427.31 #10, the minimum distance between the lot line of any group of housing units and subdivision property line shall be 100 feet; this is completely inadequate, a very small distance; #15, building lots shall be required, whenever possible, in the Planning Boards judgment to be situated on soils which will adequately support such development; you can't have a building lot which shall be required, whenever possible, it has to be situated on soil which supports such development. What other easements will be allowed in the green spaces? Mrs. Paino pointed out that not in every case will the Planning Board decide to mandate an open space subdivision, it will be up to their discretion. In order for the Planning Board to follow through on these applications, they will have to refer them to the Town Board and both of these Boards will work in conjunction with the Dutchess County Planning Department. As indicated earlier, recommendations were received from both Town and County Planning and both approved of this Ordinance. In regard to water and sewer, this comes under the purview of the Dutchess County Health Department whether well and septic will be approved; if not provision must be made for central districts, again mandated by the County relating to hookups to the present systems. As to one acre zoning, this Ordinance would not provide for any higher density as would ordinarily be acceptable under conventional subdivision rules and regulations. In regard to dumping, no matter where you go in any community, there are always the type of people who dump anywhere; it does'nt matter whether it's near a road or in the middle of a field. This would not be a reason not to implement the Ordinance; dumping is just something we have to keep on top of. It is very important to maintain our open spaces for future generations. Ed Hawksley commented that the intent of the Ordinance was to try to set aside some green area, under certain conditions and this will enhance the value of the homes placed in that area. The standards set are "minimum requirements", it doesn't mean that they are set figures. The Planning Board will use their judgment as the applications are submitted and they will be based on the restrictions outlined. A ten acre parcel will not necessarily provide for ten homes in that development, it may only be six and they could be clustered with considerable open space. The space between could be even larger than is required under current conditions for subdivisions. When developed, there will be a noticable difference in this type of development. It is unfortunate that they do not have an open space plan in the Town, but possibly, in the future, this would be a functin for the Conservation Advisory Council. Mr. Fanuele reiterated some of his statements about ownership by the home owner's association of the open spaces so they can be monitored but still preserve the visually effect of green areas and open spaces. Just because it's a 2 acre lot, it doesn't have to be all lawn, clear part of it and keep the rest wild, have open space around the home but let it be the responsibility of the home owner. There were no other comments made by the public either for or against the proposed Ordinance. MRS. PAINO moved to close the Public Hearing, seconded by Mr. Reis and unanimously carried. The Hearing closed at 7:40 P.M. Elaine H. Snowden Town Clerk rti� ;- 0 Ca00 Do NEWS DISPLAY ADVERTISING CLASSIFIED ADVERTISING r 914 297-3723 84 EAST MAIN STREET—IVAPPINGERS FALLS , NY 12590 t gide yarn IS ri0i Tess thar -....___ es tdiows: 8. The from and . rear yard are t The Zoning Ordinance of ins Town of less than 35 feel. Wappinger, Duly adopted on March 10, 9 All groups of housing units j1980 ane as amended from time to time K aewreteby a minimum of l ad les further amended by adding Section 427 as space. 10. Tne minimum distance ben SECTION 427 MANDATORY OPEN lot line of any group of housing I SPACE SUBDIVISION subdivision property fine shall be r i 427.1 PURPOSE.11, The minimum gross 101 slz - 1 It is the intent of itiTown of Wappinger Open Space oevelop0ient shat pmaintain open "woe whenever possible AFFIDAVIT OF PUBLICATION agree. in order to preserve the aesthet•c quality 12. The permanently deeded Diol j and rural nature of the townarea snail be not less than 50 pit The purpose of the own Space provi• cite tot area any resigentiel dim cion of this ordinance le to permit the roup -13. The maximum amount of int Ing of single-family oweuings on suitable surface shall not be more than 15 Solis within the various Resioenual Districts, - on tots of a reduced size, and to distribute the open space maps available 0. this mine gross la Size 01 tris Open State of New York, reduction, to achieve a design of such sub development. to accommodate residential 14. In no CAS "Iins permsiedl division development in • a manner which will of dwelling units exceed the nun on units which would w perm County of Dutchess, minimize the impact of development dwelling open space in general, including other im- the Planning Boards judgement, A It boon divided 1pto*is cDntormin Town of Wappinger. portant components of the environment had relevant to the affected area. minimbn tot allowed by this ordins The Planning Board, upon review of a the district or districts in which suc residential subdivision proposal, may re- is situated and conforming to ail oil authorization from the Town Board plicebk requirements. . Gisela Schmitz of the quest i Pursuant to Cheater 412 of State Law, 15. Building lots shall be rel in the Planning 1 , , , .. .... . 1962, requiring the applicant to provide an whenever possible. - own space subdivision in compliance with judgement, to be snualed on Spits wit support such develOPm Town of W a in er, Dutchess County, New York, pp g this Ordinance and Other duty adopted Stan- adequately dards, to accomplish iris intent and purpose 427.4 Board of Architectural Rev - stated herein.rein reviewing the application for being duly sworn says that he is, and at the several The applicant will Only be Mau ited to pro -Space Development the Planning vice an open space subdivision when one Shan request that the Board of Archrl in the Review determine the suflabilhy of ti Bookkee er times hereinafter was, the ............� ......... . or more of the following oblectives. opinion of the planning board, is boner ac- posed design and materials, and chi complished by an openspace subdivision, Ping Bond sign neve toe the W. & S.D. NEWS, a newspaper printed and aerials as compared to a Subdivision designed by that solo Design and materials use ' be modified so as to be more can of 'o conventional grid pattern. The Open Space development provision with and harmonious to the goner published every Wednesday in the year in the Town of this ordinance does NOT result m there rounding community and its enviroi being any more single-family dwellings than 427.5 Review Cmens a conven- In addition to the requirements Wappg in er, Dutchess County, New York, and that the would have been allowed uncer -Section, the Planning Board shall ON tpnal subdivision. criteria Protection of Water atarpards and Oeria to be used dun review of an Open Space developr 1 annexed NOTICE was duly published in the said Protection of the ground orsurfacewater , wetlands, noodplams, or unique areas of 427.6 Consultants when reviewing on apo cation unit ; s, historic one • , , , weeks successively . QAce . newspaper for.. Y natural significance. jural o salts provisions of this section, the Pie : Prevent development on soils which Board may retain independent archnl The roast - in on the 19t4 day of. ,Nope - _ would present a special hazard from ero- or engineering accountants. other fees and expenses of such const each week, commencing . sion, slippage, settling, or characteristics unsuitable for the proposed shall be paid by the applicant. 427.7 Perpetual Open Space . 1986.. and on the following dates thereafter, namely use 427.13 SEORA 427.71 Ownership Mitigation of impacts identified through Perpetual open space land, as roc by this section. shall be in one of the f on application at either rite State Environmerr, tel duality Review Act or Town of W app in 6 forms of ownership:. A homes association approved 1 inger local law N2, 1977. Town Board. Open Space eo a 2. An other arrangement approv, 'Preservetion of poen aveee io v��i r � -Preservation the Ott • • • • • • • • • • • • • . ,1 tit ......day of. .Nap, ..... 9 and ending on the . visual screen or separation between strut- the Town Board as satisfying tures and Wates commonly occupied by this rection. 427.72 Permanent Praservatpn 19. $�, both days inclusive. the Public. 427.15 Roadways Perpetual *open space land, to n Minimize the nuInDer of new roads or forever wild, shall be dedicated to P' from existing Pent by the use of Is Cc i ^ l i i �� driveways obtaininc access preservation roads, and the amount or new road to be vation easement granted to the toper to town. a to notefor-profit of 1 ✓ ✓ e i ,.fit° �l............ • .... • . Dedicated e 3 It" ant 427.16 Master Plan sutuit to Amick 49, Title 3 of tM a Accomlisn specific posts indicated in the vuonmenial Conservation Law. The ' Town of Wappinger Master Plan regarding shall accept the conservation east residential oeveppment. pursuant to Section 247 of h , triose dealing wnn 427.2 Application for Open Space Municipal Law. All property rights perpetual open space tot, with the e Subscribed and sworn to before me Development The Town Board may, by resolution, tion of uses not allowed as specified aumorize the Planning Board to require an conservation easement. Shan rental Open Space development on a particular a home association. p�- .. this ....1 ! :'h... day of .... Nov, 19 )Ja�C pe Mand. All perpetual own space goons site or tract of ` 427.21 Procedure permanent Preservation shall . F roc ' Where the Planning Board deems it in directly on the subdivisron plat Fess is an i(` , , . , , , , , , tete Interest 01 the Town, the Planning sion of such areas prohibited Board shall request the Town Board to ding so stating shall be noted on in Notary Public authorize It to mandate an Open Space plat. development. Such request snail specify No structures may be erected the element or elements (from XXX above), - perpetual open space except as ant H any. which justify preservation, and shall the approved development plan or describe Ins means by which - proved by the town to aid in them My commission expires ......................... specifically an Open Space deveppmem would further mens or use of the perpetual open L non-commercial purposes__ the purposes set forth above. A! the same time that the Planning =r i Board's request is sent to the Town Board, ty`i'- ` • 1 `�•`~ a copy shall be sent by.regular mail to the of the land for which the application ironer is beingmade, at the owners last known address. Such owner shall nava the right . A td submit any relevant inlOnilalioh t0 irks Town Board. The Town Board snail review the intoe motion suDmined by the Planning Board and the property, Owner. At the ownersre. quest, the Town board snail most with the owner to discuss the desirability of mar, dating an Own Space development. At any such meeting the Planning Board or its designated representative(s) may be pre- sent. Alter reviewing the documents and evidence submitted, and the criteria set forth in Town Law, Section 281, the Town board shall determine whether or not 10 authorize me Planning Board to submission of an Ops Spapa� i plan. The determination shall be con- sidered a legislative determination by the Town Board. Copies of the Town board's determination shall be sent by regular mail to the Paanninq Board and tree proneny owneratthe owner's last Known &across. If the Town Board declines to authorize a mandatory Open Space oevOWmient than the Planning Basra snail continue to review conventional subdivision pian submit - any led by the ownerif the Town Board iwthorizes a mandatory Own Space mass TOWN BOARD: TOWN OF WAPPINGER DUTCHESS COUNTY: NEW YORK ------------ ------------------ IN THE MATTER OF NOTICE OF PUBLIC HEARING ON I II AN AMENDMENT TO THE ZONING i ORDINANCE ON MANDATORY OPEN SPACE SUBDIVISION ------------------------------ i j STATE OF NEW YORK ) l 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 November 18, 1986, your deponent posted a copy of the attached Notice of Public Hearing on an Amendment to the Zoning Ordinance on Mandatory Open Space Subdivision, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Middlebush Road, Dutchess County, New York. C77) Elaine H. Snowden Town Clerk Sworn to before me this /ix"t day of �. �1986. Notary Public CECHE S. HAWKSLEY NOTAW PLMM frAl2 OF I= TM ND. 4aso W WF0 IN DUTCHESS CM C01141iS M EMRM AUG. 4, 19