1979-01-15 PH979
A Public Hearing was held by the Town Board of the Town of
Wappinger on January 15, 1979, at Town Hall, Mill Street, Village
of Wappingers Falls, Dutchess County, New York, on -an Ordinance
to Amend the Zoning Ordinance of the Town of Wappinger (Recreational
Zoning).
Councilman Johnson opened the Hearing at 7:07 P.M.
Present:
Nicholas Johnson, Councilman
Bernice Mills, Councilwoman
Janet Reilly, Councilwoman
Elaine Snowden, Town Clerk
Absent:
Louis Diehl, Supervisor
Leif Jensen, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication, duly signed and notarized (attached heeeto and
made part thereof of the minutes of this Hearing).
Recommendation had been received from the Dutchess County Department
of Planning disapproving this amendment (on file in Town Clerk's
office). The Planning Board of the Town of Wappinger had not, as
yet submitted their recommendation.
Mr. Johnson commented that he did not agree with the recommendation
from Dutchess County stating that the amendment did not include
criteria, standards or locational guidelines for the Town Board's
decision making. He felt that it more than met this criteria,
it gave the Town Board more control, this amendment followed the
PUD amendment. He then asked .for comments from the public.
Jonah Sherman --what is the intent of this zoning, why not just ask
for a variance,.
Mr. Johnson explained that this came about because of a request
for rezoning and rather than rezone an entire piece commercial,
they would issue a special permit for recreation, then if this
permit is deviated from, the parcel would then go back to its
original state which would be residential.
Warren Strohm, Pine Ridge Drive, asked why they couldn't use
Special Use Permits instead of creating a new zoning.
Mr. Johnson explained that the present Special Use Permit does_
L
9so
not cover this zoning, that is why they are creating it.
Mr. Strohm asked what role the Planning Board would have.
Mr. Sherman felt if we move into a floating zone for recreation,
the next thing we will moveto is a floating zone for industrial
development. The home owners and investors will get into such
a position that they will not know who there next door neighbor is
going to be. Three story buildings are permitted in this zoning;
this could mean that a parcel in the middle of Angel Brook develop-
ment could have a building of this proportion. It will not be
harmonious but it will meet one of the qualifications of this
zoning. We have enough commercially zoned property in the Town
for profit making recreation without creating a new zone. There
may be individual circumstances where you could use this but not to
turn the entire Town into an open zone, it is not appropriate.
Mike Hirkala asked what the minimum property size was ---answer to
this was 5 acres. He had no opinion on this, could not venture
on what the proper size should be. He had mixed emotions on this,
he questioned the legality of taking site plan approval out of the
hands of the Planning Board. On the other hand, he approved that
the Town Board would make the final decision on these applications.
Mr. Johnson corrected him, saying that the Planning Board still
had their function of site plan approvals.
Mr. Hirkala commented that he liked the concept; what the ramifica-
tions will be remains to be seen, it will need close watching.
Mr. Sherman noted that a Tennis Club facility had been built in the
Town of Poughkeepsie recently on Sheafe Road, but for some reason
was not successful. What if this happens in this case, if a
racquet club is not successful.
Mr. Johnson explained that in this case the property would revert
back to its original state, which would be residential.
Mr. Strohm asked if the Town Planning Consultants worked on this
zoning. He asked if the Town Planning Board had reviewed it and
he further questioned if this was published.
Steve Saland, recalling when he was a Councilman on the Board,
noted that when applications were submitted to the Board, a Public
Hearing would be held for all comments pro and con; it does not
981
necessarily mean that just because this amendment is adopted,
all applications under this zoning will be approved.
Mrs. Mills, going back to Mr. Sherman's question on what would
happen if this was not successful, remarked that if one venture
didn't make it, perhaps another application for the same property
would prove more fruitful and any buildings that might have been
erected would remain for the next venture.
No one else spoke.
Mrs. Mills moved to close the Public Hearing, seconded by Mrs.
Reilly and carried.
The Hearing closed at 7:39 P.M.
Elaine H. Snowden
Town Clerk
46-
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
98r
IN THE MATTER AFFIDAVIT OF
OF POSTING
AN ORDINANCE TO AMEND THE ZONING
ORDINANCE OF THE TOWN OF WAPPINGER
(RECREATIONAL ZONING)
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
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 January 2, 1979, your deponent posted a copy
of the attached notice of Public Hearing on an Ordinance
to Amend the Zoning Ordinance of the Town of Wappinger,
(Recreational Zoning), on the signboard maintained by
your deponent in her office in the Town Hall of the Town
of Wappinger, Mill Street, in the Village of Wappingers
Falls, Town of Wappinger, Dutchess County, New York.
Elaine H. Snowden
Town Clerk
Town of Wappinger
Sworn to before me this
,/J
day of =!1z, c: 1979.
ety
Notary Public
t17. and O. D.
NEWS
DISPLAY ADVERTISING - CLASSIFIED ADVERTISING
914.297-3723
84 EAST MAiN STREET - WAPPINGERRS FALLS
Notice
PLEASE TAKE NOTICE that the
Town Board of Me Town of Wappinngger
will conduct a public hearing a7:00
p.m. January 15, 1974, of Me Town
Mill Street, Wappingers Falls, Dutchess
County, New York, t0 hear all persons
concerning an Ordinance to amend the
Zoning Ordinance Of the Town Of
Wapppp,nger, as fotlowe:
Sect"wn 470.10. Legislative Findings and
Purpose.
The Town Board finds it desirable, to ,
riecreeatioonal facilities within the town
and to establish a harmonious living
environment relative to these uses Mat
Would be otherwise not possible through
a strict Euclidian zoning ordinance and
to permit a flexible use toward land use
for recreational purposes by not Iimiting
the development of non-public
recreational uses to any -specific areas of
• the to but to permit placing • of
recreational developments in any area �
of the town where development of such i
use will be consistent and harmonloi s
with the land use structure of that ares.
This local law will establish guidelines t0
define, In part, what elements will be
necessary t0 permit such recreational
development and establish a mechanism
for such development to safeguard these
concerned.
Section 470.15. Definitions.
Recreational Use: This tam shall be
broadly construed and given its plain'
and ordinary meaning and shall Include
all traditional Corms of recreational
,activity but shall not be construed to
extend to those areas that are
'"traditionally In the form of en:i
tertainment rather than recreation such
as movie theaters, amusement halls,'
etc.
I Section 470.20: Eligibility Requirements.,
Subject to the tams of this local law, a
recreational use development will be i
permitted. within all zoning districts. of
the Town of Wapptnger upon approval of
the Town Board.
a. Each recreational development will •
comprise at least 5 acres of land having
continuity without regard to dividing
streets, whether public or private on;
which such tract may have frontage.
b. Ownership of •the land proposed for
recreational development shall be that,
ordireeqqunaede.,rby Section 460.32 of the zoning
rk
c. Open Space. Not leu than 30 percent,
of the total area of recreational;
development shall be composed of open
space which shall be preserved in its;
naturalcondifion..Such land sha0 have
physical, topographical, and
geographical characteristics which will
•,,, adequately suit this purpose.
Section 470.30.•Minlmum Design Stan.
dards.
a. No structure shall 'exceed three
conventional stories In height or thirty.
five feet, whichever is less.
b. No building or structure shall be
closer than fifty feet from the street line.
C. Off.treet Parking. The provisions
of Section 454.07 of the zoning ordinance
shall control this section. The Planning
Board in reviewing. the overall
development plan may_ require a
number in excess of the, lame if the
Proposed use requires the same and with
due regard to the health, safety, and
welfare of the uses of the facility and its
surrounding community as a whole.
• d. Utilities. All utilities servicing any
building or structure within the
recreational use development shall be
installed underground -in the manner
prescribed by applicable regulations.
e. Roads and Highways. All interior
roads and parking areas shall conform
with the applicable standards contained
in the regulations of the town.
1. Signs. Signs within a recreational
use development shall be limited to one
in number and shall have setbacks as
required by the zoning law.
g. Fire Protection. A recreational
development shall be served with
marked fire lanes adequate in design to
serve the facility. -
h. Screening. Where nonresidential•
• use shall abut a residential use, -
adequate and substantial natural_
screening shall be provided.
•
Section 470.40. Application- Procedure.
The applicant and town will follow
those procedures prescribed In Section
460.40 and 460.42 (planned unit
development) excepting that references
therein to planned unit development of
"PUD" shall be deemed deleted and
substituted in its place shall be
recreational use development.
Introduced by: Councilman Nicholas
Johnson
Seconded: Supervisor Louis Diehl
Elaine H. Snowden
Town Clerk
Town of Wappinger
Dale¢: December 24, 197a ,. - ,!!!
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess.
Town of Wapptnger.
Beatrice Osten
of the
TQwn of Wapptnger, Dutcbess County, New York,
being duly sworn. says that he is, and !t the.several
times hereinafter was, theCo—Editr9r-Pu131#11,es;f
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the year in the Town of Wapptnger.
•Dutchess County. New York, and that the annexed
NOTICE was duly published in the said newspaper for
044... week succeuively...QZIPA .. in each week.
commencing on the.. 3rd.... day of.. January
19.7,9and on the following dates thereafter, namely on
and ending on the..... fitl..day of.JotitivalZy
19.79both days inclusive.
C
Subscribed and sworn to before me
this moi' ....day of..., olaxtuary 19.79
Notary Public
My commiuion expires
hOT,A7. F . ,.r .. i:F•'i YORK
c.:":;: : H :,O, 13i60