2013-2052013-205
Resolution Introducing Local Law _ of 2013 Which Would Amend Chapter 240, Zoning
of the Town Code with Respect to Boardinghouses and Rooming Houses
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
September 23, 2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
- Barbara Gutzler
- William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town Board is considering the adoption of Local Law _ of 2013
which would amend Chapter 240, Zoning, of the Town Code with respect to
boardinghouses and rooming houses; and
WHEREAS, for the purpose of Article 8 of the Environmental Conservation Law,
Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Chapter 117 of the
Town Code (the Wappinger Environmental Quality Review Law (WEQR) which
establishes locally designated Type I actions), the Proposed Action is the adoption of the
proposed Local Law as well as Special Permit and Site Plan Approvals of an existing
boardinghouse; and
WHEREAS, the Town Board has determined that the Proposed Action is a Type I
action pursuant to SEQRA and WEQR; and
WHEREAS, after performing a designation of Lead Agency procedure in
accordance with SEQRA, the Planning Board became the Lead Agency for this Proposed
Action; and
WHEREAS, after considering the potential environmental impacts with respect to
the Proposed Action, the Planning Board, as Lead Agency, issued a Negative Declaration,
thereby finding that the Proposed Action will have no significant adverse impacts upon the
environment, and thereby ending the SEQRA process with respect to this matter.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the recitations and statements set
forth above as if fully set forth and resolved herein.
2. The Town Board of the Town of Wappinger hereby introduces for consideration of
its adoption proposed Local Law _ of 2013 in the form annexed hereto; except as
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4.
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.
The Town Board hereby schedules a public hearing regarding the adoption of the
annexed proposed Local Law _ of 2013 for 7:30 PM on the 28th day of October,
2013 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 Local 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:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
9/23/2013
The Resolution is hereby duly declared adopted.
MI
TOWN CLERK
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Fili
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do
not use italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No.
of the year 2013
A local law entitled "Local Law # of 2013 for the Purpose of Amending Chapter 240,
Zoning of the Town Code with Respect to Boardinghouses and Rooming
Houses."
Be it enacted by the TOWN BOARD
of the
Town of WAPPINGER as follows:
TEXT CONIlVIENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number
each.)
LOCAL LAW # OF THE YEAR 2013
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law #_ of 2013, for the Purpose of
Amending Chapter 240, Zoning, of the Town Code with Respect to Boardinghouses and
Rooming Houses."
Section 2: Legislative Intent
This local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents. The Town Board believes that it is
reasonable and appropriate to update and amend Chapter 240, Zoning, of the Town Code
with respect to boardinghouses and rooming houses.
Section 3: Zoning Chanter Amendments
1. The following definition in Section 240-5 shall be revised to read as follows:
BOARDINGHOUSE
A building or portion thereof containing three or more sleeping rooms or
efficiency units that are occupied on a nontransient basis for compensation,
whether the compensation is paid directly or indirectly. Notwithstanding the
above, a boardinghouse shall be permitted to have one one-bedroom dwelling
unit for the caretaker of the premises. The term "boardinghouse" shall be
deemed to include rooming house, but not bed-and-breakfast establishment,
inn, motel, hotel, halfway house or multifamily dwelling.
2. The following new definition shall be added to Section 240-5 in its proper
alphabetical order and shall read as follows:
EFFICIENCY UNIT
A small dwelling unit, usually consisting of a single room and a bathroom,
within a boardinghouse or multifamily dwelling.
3. In the Schedule of Use Regulations, Nonresidential Districts, the following
new use shall be added as a Special Permit Use (SPU) in the Highway
Business (HB) zoning district:
Boardinghouse or rooming house (§ 240-81.5)
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4. Anew Section 240-81.5 shall be added and shall read as follows:
§ 240-81.5 Boardinghouse or rooming house.
A boardinghouse or rooming house shall be subject to the following standards or
restrictions:
A. The boardinghouse and building(s) in which said use is located shall have
been in existence prior to 1963 and shall contain a total of not more than
16,000 square feet of gross floor area.
B. The minimum area of the lot in the Highway Business (HB) zoning district
shall be one acre.
C. Efficiency units and dwelling units may have a full kitchen consisting of a
sink, refrigerator, stove, oven, etc. Sleeping rooms shall be restricted to
having only a small refrigerator and a microwave. In approving any special
permit for a boardinghouse, the site plan shall specifically indicate the
approved numbers and locations of sleeping rooms, efficiencies, one-
bedroom dwelling unit, kitchen elements, etc.
D. There shall be no more than one sleeping room or efficiency unit for each
1,500 square feet of lot area in the HB zoning district. Notwithstanding the
above, one one-bedroom dwelling unit for the caretaker of the
boardinghouse may be substituted for a sleeping room or efficiency unit.
E. Each sleeping room or efficiency unit shall contain at least 145 square feet
of gross floor area including a bathroom.
F. Dutchess County Health Department approval of the water and sewer
services shall be required prior to the issuance of any permit.
G. Parking shall be provided as set forth in Article X and as required by the
Planning Board. The Board may require additional landscaping or
screening to buffer parking areas from adjacent uses.
5. Section 240-61 shall be revised to read as follows:
§ 240-61. Guest cottages and caretaker dwellings.
A guest cottage or caretaker dwelling shall be subject to the following standards or
restrictions:
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A. The minimum lot area shall be 10 acres.
B. Not more than one guest cottage or caretaker dwelling shall be permitted
per lot.
C. Each structure shall be placed in a manner that will allow a future
subdivision based upon compliance with current zoning regulations.
D. Each structure shall contain at least 800 square feet of usable floor area.
However, no such structure shall contain in excess of 60% of the gross
floor area of the principal dwelling or 1,800 square feet, whichever is less.
6. In the Schedule of Use R-egulations, Residential Districts, the following use
shall be revised to read as follows:
Guest cottages and caretaker dwellings (§ 240-61)
7. In Section 240-97.B the following parking standard shall be revised to read as
follows:
Rooming house or 1 for each dwelling unit, efficiency unit or
boardinghouse sleeping room
Section 4: Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger as adopted and amended from time to time thereafter is otherwise to
remain in full force and effect and is otherwise ratified, readopted and confirmed.
Section 5: Numbering for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the
sections and sub-sections of this Local Law may be re-numbered or re-lettered by the
Codifier to accomplish such intention; that the Codifier shall make no substantive
changes to this Local Law; that the word "Local Law" shall be changed to "Chapter,"
"Section" or other appropriate word as required for codification; and that any such
rearranging of the numbering and editing shall not affect the validity of this Local Law or
the provisions of the-Code affected thereby.
Section 6: Separability
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The provisions of this Local Law 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 Local Law or their .application to other
persons or circumstances. It is hereby declared to be the legislative intent of the Town
Board of the Town of Wappinger that this Local Law 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 Local Law
or part thereof is held inapplicable had been specifically exempt therefrom.
Section 7: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by the Municipal Home Rule Law.
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