2011-2242011-224
Resolution Introducing Local Law No. of 2011 Amending the Town Code Regarding
Handicap Facilities
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 13,
2011.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Christopher J. Colsey
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town Board of the Town of Wappinger has determined that the Town
Code should be amended so as to allow handicap ramps in required yards and to waive application
review fees for the approval and/or installation of handicap facilities (the "Proposed Action"); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I action
pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known
as "SEQRA") and pursuant to Chapter 117 of the Town Code (the Town's Environmental Quality
Review Law which establishes locally designated Type I actions); and
WHEREAS, the Town Board has determined that the proposed Local Law is an action for
which there are no other Involved Agencies and that the Town Board is therefore, by default, the
Lead Agency for this action.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law No. _ of 2011 in the form annexed hereto;
except as specifically modified by the amendments contained therein, the Town
Code as originally adopted and amended from time to time thereafter is to remain in
full force and effect and is otherwise ratified, readopted and confirmed.
2. The Town Board has reviewed the Proposed Action and hereby reserves the right to
make its Determination of Significance pursuant to SEQRA at the conclusion of the
Public Hearing(s) on the proposed amendments to the Town Code.
3. The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law No. of 2011 for 7:30 PM on the 25th day of July
2011 and the Town Clerk is hereby directed to publish notice thereof in the Town's
official newspapers not less than ten (10) days prior to said public hearing date. The
Town Board hereby directs the Town Clerk to act as follows with respect to the
proposed Zoning Law:
a. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the municipal clerk of each abutting municipality not
less than ten (10) days prior to said public hearing;
b. To serve a copy of this resolution, the annexed proposed Local Law, and the
public hearing notice to the Dutchess County Department of Planning and
Development for advisory review in accordance with Section 239 of the
General Municipal Law; and
c. To distribute a copy of this resolution, the annexed proposed Local Law, and
the public hearing notice to the Town of Wappinger Planning Board for its
review and recommendation pursuant to Section 240-112 of the Zoning Law
prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
6/13/2011
The Resolution is hereby duly declared adopted.
HN C. MASTERSON, TOWN CLERK
.j
August 28, 2009
Town Board
Town of Wappinger
20 Middlebush Road
Wappinger Falls, N. Y. 12590
Attn: Hon. Christopher Colsey
Re: Exemption for Handicap Ramps
Dear Mr. Colsey and Honorable Board Members:
After speaking with Mr. Bettina this afternoon regarding an exemption for handicap ramps in our zoning
code, I would like to state my position. At present all structures must meet the setbacks for their zoning
designation. I believe due to the nature of the urgent situation that someone may find themselves in when faced
with the need for a walker or wheelchair that the property line setbacks should be waived with a condition
placed on the certificate of compliance that the ramp be removed when it becomes no longer necessary for the
homeowner.
We have recently had two cases and there is a third pending where it caused a hardship by extending the wait
for a building permit by an additional four weeks to apply and receive a variance for their handicap ramp which
also included almost an additional $300.00 in expenses for the variance process.
I also am in agreement that a fee waiver should be in place in order to help our residents in this enormous
difficulty that they face. Any handicap ramp or deck should still meet all NYS building codes and ADA
guidelines for the safety of our residents and the building permit process should be expedited as an emergency
for the resident.
Your attention to this request is appreciated.
Very truly yours,
Mr. Howard Prager
Chairman, Zoning Board of Appeals
cc: Hon. William Beale
Hon. Vincent Bettina
Hon. Joseph P. Paoloni
Hon. Maureen McCarthy
File
September 9, 2009
Town Board
Town of Wappinger
20 Middlebush Road
Wappinger Falls, N. Y. 12590
Attn: Hon. Christopher Colsey
Re: Exemption for Handicap Ramps
Dear Mr. Colsey and Honorable Board Members:
At our meeting held on September 9, 2009, the planning board discussed supporting an exemption for
handicap ramps. Since all structures must meet the zoning code setbacks adopted for each residential district,
handicap ramps fall into this category.
As recently as last month two families needed to get a variance for a handicap ramp which held up the
construction and use of the ramp by at least.four weeks due to the two meetings required to obtain a variance.
Apparently there is another resident facing the same requirement at this time. This process impacts our residents
with an unnecessary hardship when a family member needs the accessibility to enter and exit their home for
medical or rehabilitation visits.
The planning board supports an exemption for the setbacks for a handicap ramp as long as the ramp
meets the ADA guidelines and the NYS Building Code. We also feel the ramp should be conditional to include
a time frame for the use to commensurate with the person it was intended for.
Your attention to this request is appreciated.
Very truly yours,
Mr. Victor L. Fanuele
Planning Board Chairman
cc: Hon. William Beale
Hon. Vincent Bettina
Hon. Joseph P. Paoloni
Hon. Maureen McCarthy
File