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1986-10-20 RGMi i AGENDA TOWN BOARD TOWN 0t WAPPINGER t i BIMONTHLY MEETING j ------OBER-20,-1986----------- I 1. SUPERVISOR CALL MEETING TO ORDER 2. ROLL CALL PLEDGE ALLEGIANCE TO FLAG 3. ACCEPT MINUTES Reg. Oct. 6, 1986 4. REPORTS OF OFFICERS: Receiver of Taxes Bldg. Insp. 5. PETITIONS & COMMUNICATIONS a. Richard Barger re: acceptance of Schnabl Court as Town Rd. b. Keith Gordon re: Town accept Pondview Subd. Pump Station c. Recreation Comm. request permission to go to bid for Boat Ramp in Chelsea d. David Stenger re: request Town accept Stenger Court as Town Rdi. 6. COMMITTEE REPORTS 7. RESOLUTIONS a. Introduce Local Law re: Partial Exemption increase for Sr. Citizen Tax exemptions b. Introduce Zoning Ordinance Amendments for Driveways (requested by Fire Insp. Classey) c. Res. requesting cost of preparing Map, Plan and Report to ascertain cost of hooking into Tri -Municipal d. Appoint member to Board of Assessment Review e. Set dates for Public Hearings on Water & Sewer Dists.-& Imp. Areas - Benefit Assessments — f. Adopt fee schedule for Assessor to search & supply to Ping Bd the abutting property owner names & addresses for Public Hearing purposes g. Set Public Hearing date for Town Budget h. Introduce Zoning Ord. amendment to include Board of Architectu Review i. Introduce Zoning Ord. Amendment - Open Spaces j. Res. to apply for certification from State as an approved assessing unit k. Keith Gordon - request for return of Road opening cash bond 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. ADJOURNMENT al ail The Regular Bimonthly Meeting of the Town Board of the Town of Wappinger was held on October 20, 1986 at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. Supervisor Paino opened the Meeting at 7:35 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 began with the Pledge of Allegiance to the American Flag. The Minutes of the Regular Bimonthly Meeting of October 6, 1986, having been previously forwarded to all Board Members, were now placed before them for their consideration. MRS. VISCONTI moved that the Minutes of October 6, 1986, be and they are hereby approved, as submitted by the Town Clerk. Seconded by Mr. Farina Motion Unanimously Carried Reports were received for the month of September from the Receiver of Taxes and from the Building Inspector for the months of January thru May. MR. REIS moved to accept the above stated Reports and place them on file. Seconded by Mr. Farina Motion Unanimously Carried Petitions and Communications --- A letter of request was received from Richard Barger for the acceptance of Schnabl Court in the Cedar Creek Estates Subdivision as a Town Road. MR. BRACONE moved to refer this matter to the Highway Superintendent and the Engineer to the Town for their review and recommendation. Seconded by Mr. Farina Motion Unanimously Carried Correspondence was received from Keith Gordon, Vice President of Highland Glen Development Corp. regarding the acceptance of the A- � pump station at the Pondview Subdivision. Mr. Gordon indicated that the pump station was installed in accordance with the specifications set forth by the Town Engineer and he felt the pump station should be accepted by the Town, effective immediately. Mr. Farina noted that there have been several problems with this pump station and preferred to wait for reports from the Engineer and Camo Pollution prior to accepting it. MR. FARINA moved to table action on this matter pending receipt of reports from the Engineer to the Town and Camo Pollution Control. Seconded by Mr. Reis Motion Unanimously Carried A letter was received from the Recreation Commission requesting that the Town Board authorize the Engineer to go to formal bid on the boat ramp at Chelsea. Mr. Reis had previously discussed this matter with Mr. Holt, Chairman of the Recreation Commission and preferred to have the Engineer review the sketches prior to Town Board action. MR. REIS moved to refer this matter to the Engineer for his review of the sketches submitted by the Recreation Commission and report to the Board. Seconded by Mr. Bracone Motion Unanimously Carried Mr. David Stenger, President of Creekview Construction Corp. wrote to the Board requesting that they accept Stenger Court in the Riverwood Estates Subdivision as a Town Road. MR. BRACONE moved to refer this matter to the Highway Superintendent and the Engineer to the Town for their review and recommendation. Seconded by Mr. Farina Motion Unanimously Carried Committee Reports --- Mr. Bracone had no reports for this meeting. Mr. Reis had no reports for this meeting. Mr. Farina, Landfill Committee reported that the Castle Point Landfill would be open on November lst and November 8th, 1986 for the usual items including metal and on November 15th, 1986 for leaves and brush only; the hours will be from 8:30 A.M. to 12:30 P.M. Resolutions --- The following proposed Local Law was introduced by COUNCILMAN REIS: This Local Law amends the provisions of the following Local Laws providing for partial tax exemptions of real property owned by certain persons with limited income who are 65 years of age or older by implementing the provisions of Chapter 991 of the Laws of 1983 and Chapter 756 of the Laws of 1986. A Local Law amending Local Law No. 1 of 1967, Local Law No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 6 of 1980, Local Law No. 7 of 1982 and Local Law No. 8 of 1983. BE IT ENACTED by the Town Board of the Town of Wappinger, Dutchess County, New York as follows: SECTION I: Section 2 (b) of Local Law No. 1 of 1967, Section 2 of Local Law No. 5 of 1977, Local Law No. 2 of 1980, Local Law No. 6 of 1980 and Local Law No. 7 of 1982 and Local Law No. 8 of 1983 are hereby amended to read as follows: Section 2(b): The income of the owner or the combined income of the owners of the property shall not and may not exceed the sum of Twelve THousand and Twenty -Five ($12,025.00) Dollars for the income tax year immediately preceding the date of making the application for exemption. The income tax year shall mean the twelve month period for which the owner or owners filed a federal personal income tax return, or if no such return is filed, the preceding calendar year. Where title is vested in either the husband or the wife, their combined income may not exceed such income. Such income shall include Social Security and retirement benefits, interest, dividends, net rental income, salary or earnings, and net income from self-employment, but shall not include a return of capital gifts or inheritances. Rental income and self-employment shall not be reduced by an allowance for depreciation. SECTION II: Section 2(c) of Local Law No. 8 of 1983 is hereby amended to read as follows: Section 2(c): If the income of an eligible property owner or the combined income of the owners of the property exceeds the sum of $12,025.00 for the income tax year immediately preceding the date of making the application for tax exemption and is not greater than $15,025.00, said owner shall be entitled to a partial exemption as follows: INCOME NET EXCEEDING: F.XF.MPTTnN $12,525.00 45% $13,025.00 40% $13,525.00 35% $14,025.00 30% $14,525.00 25% $15,025.00 20% In administration of the foregoing, the provisions of Section 2(b) shall be applicable other than the provisions limiting income to $12,025.00. SECTION III: This Local Law shall take effect immediately upon adoption and filing. The following REsolution was offered by SUPERVISOR PAINO who moved its adoption: WHEREAS, there has been duly presented and introduced at a meeting of this Town Board held October 20, 1986, a proposed Local Law Amending Provisions of Local Laws providing for partial tax exemptions of real property owned by Senior Citizens, and WHEREAS, the provisions of the Municipal Home Rule Law require that no local law shall be passed by the legislative body of the town until a public hearing thereon has been held before such body, NOW, THEREFORE, BE IT RESOLVED, 1. That a public hearing shall be held on the said proposed Local Law by the Town Board of the Town of Wappinger on the 3rd day of November, 1986 at 7:25 o'clock P.M. on such day, at the Town Hall, Middlebush Road, Town of Wappinger, Dutchess County, New York. 2. That at least five (5) days notice of such hearing shall be given by the Town Clerk of the Town of Wappinger by the due posting thereof upon the bulletin board maintained by said Town Clerk in the Town Hall and by publishing such notice at least once in the official newspaper of the Town of Wappinger. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER ----------------------------------------- The following Ordinance was introduced by COUNCILMAN REIS: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: The provisions of the Zoning Ordinance and Zoning Map of the Town of Wappinger, duly adopted on the 10th day of March, 1980, and as amended from time to time is further amended as follows: 1. Section 477 of the Zoning Ordinance is modified as follows: 477 Driveways 477.1 General For reasons of Fire Protection, Traffic and Pedestrian safety, both on and off street, as well as to provide for possible future road widening or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these Regulations and shall be subject to the approval of the Superintendent of Highways, except where such are part of a use subject to special permit or site development plan approval, in accordance with Sections 420 and 450, in which case they shall be subject to Planning Board and/or Zoning Board of Appeals. 2. Section 477 is further amended by adding the following: 477.5 Emergency Vehicle Access 477.51 477.52 477.53 Driveways and access roads shall be so designed as to provide Fire Department apparatus access to within a distance of no less than 150 feet of the structure it may be called upon to protect and they shall meet the following requirements. They shall have a minimum width of 10 feet. They shall have and maintain a minimum overhead clearance of 12 feet. They shall be of sufficient base as to support a 30 ton apparatus. 477.54 No turn shall be of such a degree as to prevent access of Fire Department apparatus. ads 3. This Ordinance shall take effect immediately upon adoption, posting and publication, as prescribed by Town Law. MRS. PAINO moved to set a Public Hearing on the aforesaid Amendment to the Zoning Ordinance (Section 477) on November 17, 1986 at 7:00 P.M. at the Town Hall, Middlebush Road, Town of Wappinger, New York, to hear all interested persons. Seconded by Mr. Farina Motion Unanimously Carried The next Resolution related to the Tri -Municipal Project and Mrs. Paino explained that the Engineer to the Town has been investigating alternates to improve the facilities of the Oakwood Knolls Sewer Treatment Plant. One of the alternates being considered is the possibility of the Town hooking into Tri -Municipal. MRS. PAINO moved to request the Tri -Municipal Commission to provide the Town Board with the cost of preparing a Map, Plan and Report for the Town of Wappinger to hook into the Tri -Municipal Project. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino asked that the Tri -Municipal Commission be informed that this Report be submitted to her on or before October 28th, 1986. A vacancy still existed on the Board of Assessment Review since Mr. Ludewig's term has expired and he had forwarded a letter of resignation to the Board. MRS. PAINO moved to table action on this matter for further review of persons available to fill this position. Seconded by Mr. Reis Motion Unanimously Carried At the last meeting the Assessor had been directed to complete the Benefit Assessment Rolls for the WAter and Sewer District; it was now required that the Town Board set a date and time for the Public Hearings on these Rolls. MRS. PAINO moved to set the Public Hearings on the Benefit Assessment Rolls for the following Water and Sewer Districts and Improvement Areas on November 3rd, 1986 starting at 7:00 P.M. and continuing at two minute intervals until completed: Central Wappinger Water Improvement Area, Oakwood Water District, Fleetwood Water District, Tall Trees Water Improvement Area, Ardmore Water Improvement Area, Wappinger Sewer Improvement Area, Wildwood Sewer District, Rockingham Farms Sewer District, Fleetwood Sewer District, Mid -Point Sewer District and Watch Hill Sewer District. Seconded by Mr. Farina Motion Unanimously Carried A request was received from the Planning Board and the Zoning Board of Appeals for the Town Board to adopt a fee schedule, proposed by them, for the Assessor's Office to search and supply to both Boards, the abutting property owner names and addresses for public hearing purposes. According to the schedule, the applicant will pay the Zoning Office a minimum fee of $10.00 and a further fee of $5.00 per parcel for this service. MR. FARINA moved to approve the fee schedule presented by the Planning Board and the Zoning Board of Appeals for the services to be provided by the Assessor's Office. Seconded by Mr. Reis Motion Unanimously Carried Setting the date and time for the Public Hearing on the 1987 Town Budget was placed before the Tovn Board for their consideration. The following Resolution was offered by SUPERVISOR PAINO who moved its adoption: RESOLVED, that the Town Board of the Town of Wappinger will meet and review the Preliminary Budget and hold a Public Hearing thereon, at the Town Hall at 7:30 o'clock P.M. on the 6th day of November, and that at such hearing any person may be heard in favor of or against the Preliminary Budget as compiled or for or against any item or items therein contained. Seconded by: Councilman Farina Roll Call Vote: 5 Ayes 0 Nays MRS. PAINO moved to set a Special Meeting for November 6th, 1986 at 8:00 P.M. for the sole purpose of considering the adoption of the 1987 Town of Wappinger Budget. Seconded by Mr. Farina Motion Unanimously Carried The following -ordinance was introduced by COUNCILMAN REIS: 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 J� 1 u -2 zf e tter or p aranc f bui d' s ere tod in any n i hbo hhood adversely a fec s t i� edesira ii1 Y o W imme°dWe area aned r�eig�iboring areas for residential and business purposes or other use and by so doing im�airs the sa i�ity°an�cvauec�'f°bfoilimr�v�c°ndrtuynimpovedareal�' 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 Adisory 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 Wappinger. 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 fo the term of their predecessors in office Members shall serve without compensation. Vacancies shall be filled by the Town Board for unexpired terms of any members whose position on the AAB shall become vacant. 428.22 Members The AAB members 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 scheduled meeting. 428.27 Disqualification for Interest 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 participation in the review process thereon. 428.3 FUNCTIONS OF THE AAB 428.31 Review Authority 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. of signs. (d) Signs. Plans for construction or erection 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) Planning 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 oppor- tunity to discuss the proposed plans with the AAB at one of its meetings. 428.43 Site Visits Insofar as is possible, and whenever deemed necessary by the Chairman of the AAB, members of the AAB shall visit the site of proposed construction. 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 visually compatible with are visually related. 428.52 The visually compatible with are visually related. structures should be constructed to a height the buildings and environment with which they gross volume of any new structure should be the buildings and environment with which they 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. 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. ag S6 428.514 The setback of the building(s) from the street or property line, and the other yard setbacks, should be visually compatible 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. 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 cf 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 unconstitutionality, 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. o2s/ MRS. PAINO moved to set a Public Hearing on the aforesaid Amendment to the Zoning Ordinance (Architectural and Historic District Advisory Board) on December 1, 1986 at 7:00 P.M. at the Town Hall, Middlebush Road, Town of Wappinger, New York, to hear all interested persons. Seconded by Mr. Reis Motion Unanimously Carried Mrs. Paino requested that this Ordinance be forwarded to the Dutchess County Department of Planning and the Town Planning Board for their review and recommendation. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following Ordinance was introduced by COUNCILMAN FARINA: 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 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 Ordinance 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 th 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 tri 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 identified through application of either the State Environmental Quality Review Act or Town of Wappinger Local Law #2, 1977. 427.14 Open Space 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 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 owner's 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 de-\dopment plan. The determination shall be considered a legislative determination by the Town Board. Copies of the Town Board's determination 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 building, 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 F] -z-5-2 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. 427.22 Appplication 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 STANDARDS 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 not 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 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 Board's 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 Board's 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 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 Perpetual open space land, to remain forever wild, shall be by the use of a conservation dedicated to permanent preservation 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 improvements 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 shall 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. 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 charger 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 collection 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 establishd. 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 developer regarding 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 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. MRS. PAINO moved to set a Public Hearing on the aforesaid Ordinance Amending the Zoning Ordinance (Mandatory Open Space Subdivision). on December 1, 1986 at 7:15 P.M. at the Town Hall, Middlebush Road, Town of Wappinger, New York, to hear all interested persons. Seconded by Mr. Farina Motion Unanimously Carried Mrs. Paino requested that this Ordinance be forwarded to the Dutchess County Department of Planning and the Town Planning Board for their review and recommendation. She then thanked Mr. Hawksley, Chairman of the Planning Board for organizing this Amendment and also to the Zoning Administrator, Hans Gunderud for his help. The following Resolution was offered by COUNCILMAN BRACONE, who moved its adoption: WHEREAS, the Town of Wappinger has entered into a contract with Finnegan Associates to complete a real property valuation update project according to Article 15-B of the Real Property Tax Law, and WHEREAS, It is the intent of this municipality to apply for certification as an Approved Assessing Unit pursuant to Subdivision I, Section 1902 of the Real Property Tax Law, NOW, THEREFORE, BE IT RESOLVED that Supervisor Irene Paino is hereby authorized to submit the Notice of Intent to the New York State Board of Equalization & Assessment as required. Seconded by: Councilman Reis Roll Call Vote: 5 Ayes 0 Nays A request from Keith Gordon, Vice President of Highland Glen Development Corp. that $500.00 deposited with the Town for a Road Opening Permit on Mina Drive, was tabled for discussion with the Highway Superintendent and the Engineer. The Engineer noted that the ,M. cash bond deposited with the Town was for a road cut made on the existing section of the old portion of Mina Drive; it has no bearing on the bond that was placed on the new section. He had no problem with the release of the $500.00 to Mr. Gordon. MRS. PAINO moved to authorize the release of the $500.00 cash bond deposited by Highland Glen Development Corp. for Road Opening Permit #83-3, old section of Mina Drive. Seconded by Mr. Reis Motion Unanimously Carried Unfinished Business --- At the last Town Board meeting, a complaint was received from a resident of Stoneykill Road regarding the incompletion of cable service to that road. A letter was directed to Mr. Erichsen of U. S. Cablevision (Colony Communications) questioning the delay of the service; a reply was received stating that the New York Telephone Company has completed their "makeready" work on Stoneykill Road and have issued licenses allowing them to start construction of the cable plant. A completion date of November 10th, 1986 was indicated by Mr. Erichsen when they should be able to start connecting the subscribers in the Stoneykill Road area. Mrs. Paino received a report from Paggi & Martin late this afternoon regarding the traffic problems Mr. LeBlanc at 44 Brothers Road had complained about. Their recommendations were as follows: the suggested speed limit of 25 MPH should be changed to 15MPH, a "Slippery When Wet" sign for each direction; double yellow line painted on the road through- out the problem areas; new guard railing installed to replace the existing wooden posts and extended to protect houses at #44 and #46 Brothers Road. All of these recommendations can be implemented by the Town Highway Department with the exception of striping the double yellow lines. This comes under the purview of the Dutchess County Department of Public Works and the expense would be charged to the Town. MRS. PAINO moved to forward a letter to Commissioner Spratt, Dutchess County Department of Public Works requesting that they stripe the problem areas of Brothers Road with a double yellow line and the Town will reimburse them for the expense incurred. Seconded by Mr. Reis Motion Unanimously Carried New Business --- Mrs. Alberta Roe, was recognized by the Chair and asked if there would be extra patrols for Halloween. Mrs. Paino responded that Deputy Sheriff Carl Amburghey has arranged the schedule to provide additional patrol. Michael Hirkala was recognized by the Chair and asked if the Town' was having a Fall Clean -Up. Councilman Farina replied that the Spring Clean -Up depleted 75% of the annual budget for the clean-ups due to the fact that the neighboring towns cancelled their programs and their junk was deposited in the Town of Wappinger. Since he came to the meeting after Mr. Farina announced that the Landfill Site would be open for three Saturdays in November, the information was repeated for him. Mrs. Visconti noted that she had spoken to the Comptroller regarding the Marcy South Grant and he was not aware of it; she asked that the Comptroller research the matter and determine how much the Town is eligible for, what can they be used for and submit a report to the Town Board. Mrs. Paino replied that she had the information on that ---the money is funnelled to the Town Board from the State (PASNY) to be used by them at their discretion. A panel is set up of seven individuals --- the Town Supervisor and whoever the Supervisor designates to be a member; the Supervisor then compiles a list of public groups and sends them notices. Five members are then selected from these groups which totals seven in number who review various requests from public agencies (non-profit organizations). The decison is then made by the panel and a sum of $346,000.00 is expected for the Town of Wappinger. Their decision is forwarded to PASNY who makes the final determination on who will receive monies. In answer to Mrs. Visconti's question regarding the selection of this panel, Mrs. Paino replied that it has not been done at this point. Mrs. Paino received a letter from a resident on Smith Crossing Road requesting that 2 "Deaf Child" signs be placed on her street; this request will be forwarded to the Highway Department. Another request received tonight from the Engineer to the Town was for a Change Order in the contract for the Water Storage Tank Painting in the amount of $200.00. The reason being that the holes in the tank at Rockingham Water Storage will be filled, after the inside surface of the tank is sand blasted, thereby decreasing the rate of corrosion and helping to maintain the structural integrity of the tank. Apparently when this tank was drained it was noted that approximately 15% of the inside lining of the steel tank was found to contain small holes. They proposed to fill the holes with Pit Sealer which is 100% epoxy and is approved by the New York State Deprtment of Health. MRS. PAINO authorized the expenditure of up to $200.00 for pit sealer on the Rockingham Water Storage Tank under the contract for Painting the Storage Tanks. Seconded by Mr. Farina Motion Unanimously Carried There was no other business to come before the Board. MR. REIS moved to adjourn the meeting, seconded by Mr. Farina and unanimously carried. The Meeting adjourned at 8:03 P.M. Elaine H. Snowden Town Clerk Reg. Mtg. 10/20/86