2025-152 (3)Since the adoption of the Town of Wappinger's 2010 Comprehensive Plan, the Town has
undergone substantial changes in population and housing. Between 2010 and 2016, the
population decreased by about 2%, but between 2016 and 2021 it rebounded, increasing by
about 6.5%. Today, the population of Wappinger is over 28,000, making it the third most
populous town in Dutchess County despite being the smallest town in the County by land area
—and, not surprisingly, the second most dense. In addition to population growth, Wappinger
saw an increase in households, with a 13% increase from 2010 to 2023. The overall percentage
of multifamily or apartments changed from about 30% to 40%.
Unfortunately, the infrastructure capacity has not kept pace with development. Other than roads
specifically serving new developments, there have been no new roads built or existing ones
expanded, despite steady increases in traffic volumes. Growth in schools, emergency services, and
sewer and water capacity have also all lagged behind the growth in population and households.
While it is advised that the Town undertake a full rewrite of the Comprehensive Plan within the
next few years, this interim update is being provided to deal with two pressing issues: 1). The
rate of development outpacing the Town's ability to update its overall infrastructure, resulting in
a decrease in the quality of life for its existing residents; and 2). Land use regulations becoming
overly complicated leading to uncertainty for the Town's residential property owners in terms of
what can be built or what other uses could occur adjacent to or across the street from their
properties.
Despite Wappinger's infrastructure challenges, the Town has achieved a number of goals that
were laid out in the 2010 Plan. Together with changing conditions, these and other goals may
no longer be necessary or relevant. In recognizing this, as well as the capacity shortfalls, the
Town is providing these updates to the Comprehensive Plan, and will reexamine zoning to
ensure consistency within the Plan including the Town's overall capacity to deliver services. Key
information provided in this update focuses on zoning unpredictability as well as the following
four (4) Comprehensive Plan elements: Population and Housing; Economic Base; Water Supply
and Sewage Treatment; and Land Use.
As noted, the primary changes that have occurred in the Town of Wappinger since the 2010
plan are related to population and housing. Housing, and the need for diversification was a
recurring theme that was woven throughout the 2010 plan. Housing is largely defined by the
zoning districts in the Town, which include single-family districts, multifamily districts, and
mixed-use commercial districts that provide for a mix of housing. Currently, about 60% of the
housing in Wappinger is single-family, while the other 40% are apartments or multifamily
dwellings. This represents a 10% swing towards multifamily, compared with 2010, indicating a
diverse housing stock. It also demonstrates a higher percentage of rental dwelling units in
Wappinger compared with Dutchess County as a whole, suggesting that Wappinger is meeting
its overall share of rental housing within the County.
PAGE 2 of 17
Zoning is generally thought of as a tool to ensure that incompatible uses are not located next to
one another, with a classic example being a smoke -belching factory next to residential homes.
In addition to protecting against incompatible uses, zoning should also provide predictability
for investment and stability in real estate values.
For most people, the purchase of their home is the single greatest investment they will make.
For those making such an investment, they should be able to rely on zoning to know what can
be done with their property, as well as how the properties next door, behind, or across the street
can be built -out or utilized. When the zoning code becomes too complicated, or there is too
much discretion in the approval process, it makes such an investment extremely unpredictable
and often risky.
The multifamily districts in the Town of Wappinger are defined as either RMF -3 or RMF -5
districts, and make up a total of 16.4 acres. However, multifamily is also allowed within the
mixed-use districts through the conversion of certain larger single-family homes, or through
various subdivision types. These subdivisions, which are not at all clear, are difficult to find, and
in some cases noted in the Use Table, include Planned Unit Developments (PUDs), Conservation
Developments, Designed Residential Developments as well as others. Adding to the
uncertainty, both the Planning Board and Town Board have wide latitude in modifying the
requirements for the overall lot size and other area requirements for these types of
developments, including how many bedrooms can go in any individual dwelling unit.
Most of the subdivision types listed above allow for the concept of clustering. This means rather
than having all lots conform to the area requirements in terms of lot sizes, they are allowed to
be smaller and closer together, provided that the overall density that would typically be
permitted, is not exceeded. The rationale for this can be to avoid sensitive environmental
features, preserve important views or viewsheds, be more economical in terms of running
utilities, reduce run-off from excessive roadways and paved areas, or to set aside land for parks
or open space.
In determining the number of lots with any type of clustering provision, it is important to
understand what a conventional subdivision (one that adheres to all of the required lot sizes and
other rules of the underlying zoning) would yield. This should be done through a full engineered
layout, showing all parcels, roadways, rights-of-way, required drainage or detention ponds,
other infrastructure, wetlands and required buffers, steep slopes, or other constraints to
development. Without this approach, it is likely that clustering will allow much higher densities
than a conventional layout.
The following table provides an example of constraints and considerations that should be taken
into account when determining conventional yield for any cluster -type development. This
example shows a 100 -acre lot with 30 acres of regulatory wetlands and 15 acres of steep slope.
PAGE 3 of 17
It assumes a 45 -foot roadway right-of-way (ROW) with length determined by required lot width
(assuming lots on both sides of the street) and potential drainage areas. What the table shows is
the conventional yield with no constraints, versus the yield taking into account all of the
constraints and required infrastructure. Without roadways, drainage, and other constraints
being subtracted from total available area, a cluster subdivision could conceivably increase the
density over a conventional yield by over 200%.
20 Lots 33 Lots 54 Lots 217 Lots 435 Lots
50 ft 50 ft 50 ft 50 ft 50 ft
2,750 LF 3,712 LF 5,400 LF 10,850 LF 13,050 LF
97.2 Acres 96.2 Acres 94.4 Acres 88.8 Acres 86.5 Acres
30 Acres 30 Acres 30 Acres 30 Acres 30 Acres
.5 Acres 1 Acres 1.5 Acres 2.5 Acres 3 Acres
10 Lots 16 Lots 26 Lots 89 Lots 165 Lots
Map Descriptions
The following set of maps depict the areas where multifamily could be developed based on the
zoning district, as well as many of the other areas where multifamily could be developed
through the various subdivision allowances.
PAGE 4 of 17
Map 1 shows only those zoning districts that are specifically defined as multifamily, which
amounts to approximately 16.4 acres.
Map 2, in addition to the multifamily districts, includes mixed-use areas (which can also allow for
multifamily dwellings) provided density does not exceed the prescribed amount.
Map 3 includes the same as Map 2, but also adds all areas that comply with the requirements
for a PUD (75 acres, adjacent to mixed use areas) as well as those lots that meet the
requirements for Designed Residential Development (100 lots without sewer and water, 50 with
sewer and water). What is does not capture is the Town Board's discretion to allow a PUD with
less than 75 acres, or multiple lots being combined to create an area of 75 acres. In addition,
once a PUD or Designed Residential Development is created, any land adjacent to it could also
conceivably be developed as a PUD. Both the PUD's and Designed Residential Developments
can also include commercial uses.
Map 4 adds all lots that are classified as vacant or underutilized and could be developed under
Conservation Development, which allows multi -family as it permits attached housing up to four
units. Since conservation development has no minimum acreage requirement, technically any
parcel that could be subdivided within a residential zoning district could be eligible under
§240-19 (B). What Map 4 does not capture is all land that is classified as agriculture or farmland
that could be subdivided and developed under any of the above listed provisions, or certain
large single-family homes that could be converted to multifamily. Overall, the areas depicted on
Map 4 that could be developed to include multi -family is approximately 8,081 acres, which is a
considerable increase from the 16.4 acres that is specifically zoned to include multifamily.
These maps underscore the fact that all of the cluster developments, floating zones, and ability
of the Town Board or Planning Board to waive requirements, creates complete uncertainty for
the development or purchase of single-family homes in single-family zoning districts. Because
many of these floating zones, or PUDs also allow commercial development, it also makes
infrastructure capacity planning virtually impossible. This is due to the dynamic nature of the
zoning map that floating zones and the various allowances create. Rather than mapped, well-
defined, zoning districts, with uses that are explicit in the Use Table, the Town of Wappinger has
an ever changing and impossible to predict zoning landscape.
PAGE 5 of 17
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Many of the Goals and Objectives listed in the Goals section of the 2010 plan are repeated and
woven in throughout the Plan. Any modifications to the goals listed below, either in the
Introduction or Goals section, should be considered to effect additional references or rationale
throughout the Plan.
Environmental Resource
Removed
3. Relatively impermeable soils covering much of the Town often result in septic unsuitability,
less rainwater percolating into the ground, and more wetlands. Ten percent of septic
systems are failing or marginal, and these pollute surface water and groundwater.
Replaced With
3. Relatively impermeable soils covering much of the Town often result in septic
unsuitability, less rainwater percolating into the ground, and more wetlands.
Rationale
The last sentence in the original # 3 was removed because it was from a voluntary survey,
and not deemed accurate.
Removed
4. There is a relative mismatch between the capacity of the land to absorb waste water
and the allowable density of dwelling units in the northeastern part of the Town.
Rationale
This was removed because most of the northeastern part of the Town is zoned R -3A,
with some pockets of R-40/80, R-40. The majority of those districts have been platted
and developed.
Population & Housing
Removed
2. There is a growing mismatch between the trend of smaller household sizes and the large
three -or -more bedroom homes that have been built and will be built under current
zoning.
Rationale
There have been a number of smaller households, apartments in particular, that have
been developed since the 2010 Plan. Today, there is a 40% to 60% mix between rental
apartments and single-family homes, which indicates a diverse housing stock.
PAGE 10 of 17
Replaced With New
2. Additions to the zoning code over time have created unpredictability for individual
investments in homes. PUDs, Designed Residential Development, and other options in
the zoning code should not be able to replace the uses in the underlying code. Consider
changes to various subdivision options to better protect existing developed areas.
Add New #3
3. Limit the discretion of the Town Board and Planning Board to provide for major changes
to the dimensional requirements through PUDs, Designed Residential Development, or
other subdivisions. These provisions create additional unpredictability. Provide for a
standard administrative adjustment. Beyond that, all major adjustments to dimensional
requirements should go through the ZBA and follow the state law in terms of standards
for an Area Variance, or require a zoning change
Economic Base
Removed
5. There is a strong consensus in the Town that any future development of commercial land
uses should be well designed to fit in with the sites and should preserve and promote
neighborhood/district features, so that community character is protected and enhanced.
The Route 9 corridor in particular is a high priority, and is discussed further in the
following chapter on Community Appearance and Character.
Replaced With
5. There is a strong consensus in the Town that any future development of commercial land
uses should be well-designed to fit in with the sites and should preserve and promote
neighborhood and district features, so that community character is protected and
enhanced. All new commercial development should emphasize high-quality design that
adds value to the Town, rather than relying on inappropriate landscaping buffers to hide
poorly designed buildings and sites
Water Supply and Sewaae Treatment
Removed
2. Nearly two-thirds of the Town have soils that provide severe limitations to septic
suitability, and most of the remainder provide moderate limitations. One in ten
households participating in the 2003 Water and Sewer Survey reported failing or
marginal septic systems, and most had systems that had been replaced at least once.
Rationale
It is unclear if a comprehensive soil study or evaluation was completed. Additionally, a
voluntary survey should not be used to indicate what percentage of septic systems are
marginal or failing.
PAGE 11 of 17
I and I Ica
Remove
4. Other areas to be changed to high-density residential to make existing trailer parks
more conforming in terms of zoning include three areas in the Route 9 Corridor (on
Cooper Road, on Osborne Road, and on Route 9 and Smithtown Road) and one area at
the junction of Pye Lane and Montfort. An existing trailer park on New Hackensack Road
northeast of Lakeside Road is currently zoned RMF -3 but the density of dwelling units on
the site is approximately 4.7 units per acre. This site should be changed to RMF -5 zoning
to make the site more conforming
Rationale
The zoning for mobile home parks should not be changed to RMF zoning to make them
more conforming. Change dimensional requirements rather than use if needed to
improve conformity.
Goals and Objectives
1. INTRODUCTION
Goals and Objectives
Population and Housing
R. =.-
Goal
Goal Improve housing choice in the Town by encouraging a balance of housing types and
sizes that meet the needs of existing and future Wappinger residents and employees.
Rationale
Currently, The Town of Wappinger has a diverse housing stock with a good balance -
40% multi -family and 60% single-family housing.
Replace it
Preserve housing choice in the Town by retaining a balance of housing types and sizes
that meet the needs of Wappinger residents and employees while ensuring
predictability in future development.
Objectives
Objective A
Remove
A. Affordable / Workforce housing. Encourage a sufficient supply of homes within
economic reach of Town residents.
This objective has largely been achieved.
PAGE 12 of 17
Replace it
A. Housing Types. Encourage a variety of housing types and sizes through Conservation
Development and within multifamily zoning districts.
Objective B
Remove
B. Accessory apartments. Continue to allow the development of accessory apartments in
appropriate conditions on single-family lots.
Replace it
B. Accessory Apartments. Continue to allow the development of accessory apartments in
appropriate conditions on single-family lots to provide opportunities for residents to age
in place, bring in a caregiver, or realize additional income to be able to maintain their
property.
Objective C
Remove
C. Variety of housing types. Require that certain percentages of large, new developments
be comprised of a variety of housing types (such as attached single-family homes,
duplexes and apartments).
P. ♦ r 1t;
This objective has been achieved. The Town of Wappinger has a diverse housing stock
with a good balance -40% multi -family and 60% single-family
Replace it e (C)
C. Senior housing. Encourage housing appropriate for seniors near or in existing town
centers to provide amenities and necessities within walking distance.
Objective D
Remove
D. Develop in existing centers. Encourage new higher density residential development in
existing centers that can be most economically served by existing roads, utilities and
community facilities. Any new higher density residential development should occur in
relation to existing centers. Allow for residential development above retail in existing
centers, not to exceed three residential units per building, providing additional housing
variety where it can be most economically served by existing roads, utilities and
community facilities.
Density should not be permitted to be increased beyond current zoning designations
without a comprehensive infrastructure capacity study.
Replace it e (D)
D. Develop in existing centers. Allow for residential development above retail in existing
PAGE 13 of 17
centers, not to exceed two residential units per building, providing additional housing
variety where it can be most economically served by existing roads, utilities and
community facilities.
Objective F
Add New F
F. Underlying Zoning. Ensure that the zoning use table can be relied upon to understand
what uses and dimensional standards are permitted within every zoning district.
Objective G
Add New
G. Multi -family. Ensure that multi -family development occurs only in zoning districts
specifically defined and suited for this—RMF-5 & RMF -3.
Objective H
Add New
H. Single-family conversions. Remove allowances for large single-family homes to be
converted to two-family, three-family or multi -family in single-family districts as this
creates uncertainty and unpredictability for investments in the district.
Objective I
Add New I
I. Commercial Uses. Ensure that commercial uses occur only in zoning districts specifically
defined for such uses—HB, HM, NB, GB, CC, SC, HD, COP, Al.
Economic Base
Objectives
Objective (C)
Promote well-designed office research parks and similar uses that offer good jobs and
wages in appropriate locations.
Rationale
There is no market for this, and therefore no corresponding need.
Water Supply and Sewaae Treatment
Objectives
Objective (C)
Comprehensive capacity study. Undertake a comprehensive engineering study, and
update regularly, to access the current capacity of water and sewer, based on existing
PAGE 14 of 17
customers, permitted expansion within developed lots, existing development that is
within range for feasibly connecting, potential build -out of non-developed lots, and
reserve needed for emergencies (pump station and treatment plant outages, water main
breaks, etc. Make adjustment to zoning as necessary to ensure development does not
exceed capacity.
I and l I cry
Objectives
Objective (B)
Remove
B. Designate areas of the Town that are well situated for medium- and high- density
residential development.
Rationale
There is already a great variety in range of density allowed, from 5 acre lots to 10,000 sf
lots.
Replace itNew B
B. Zoning. Ensure that zoning is written and organized for clarity and to ensure
predictability in permitted land uses.
Objective (C)
C. Designate areas of the Town that, due to transportation links, the intensity of proximate
land uses and other features, are appropriate for current and future use as Town centers.
There is currently no need for expansion of town centers or creation of additional town
centers.
Replace itNew C
C. Cluster development. Consider only allowing clustering to be utilized to promote open
space and conservation of the natural and scenic qualities of the land, with lot sizes
based on suitability for septic systems. The density shall not be greater than a
conventional subdivision.
Objective (E)
Add New
E. Conventional Yield. Consider adding language to require the density of any clustering to
be based on proof of a conventional yield for the number of lots.
PAGE 15 of 17
Objective (F)
Add New F
F. Planned Unit Development (PUD). Consider removing PUDs as a potential zoning district
or use as they create uncertainty for existing land owners as well as unpredictability for
infrastructure growth planning or investment.
W. ♦ r 1t;
Although a PUD is listed as one type of the twenty-one (21) separate zoning district
types, it is not a mapped district, but rather a floating zone that can land anywhere it
meets the minimum standards. These standards include 75 contiguous acres of land
(although the Town Board can consider less acreage) on lands containing a combination
of residential and non-residential districts, or planned for such uses within the
comprehensive plan. The 75 acres need not be within one parcel, or under a single
ownership so long as they are combined prior to the application to the Town Board.
Since a PUD is not mapped, can occur on land that is zoned single-family, and is
adjacent to or includes a portion of a mixed -used district, it creates great uncertainty for
those who have already made investments in single-family districts. A PUD can include a
range of land uses such as shopping facilities, multi -family housing, and a range of
employment and recreation facilities. Once established, any parcel or combination of
parcels that meets the 75 acres (or less if the Town Board decides) and abuts the PUD,
can put forth an application to become a PUD as well.
Objective (G)
Add New
G. Conservation Subdivision. Consider removing provisions within a conservation that
permit attached units within a single-family district. Currently this allows detached units of
no more than four dwelling units, which meets the definition of multifamily.
Allowing for multi -family within a single family district create unpredictability.
Objective (H)
Add New I
H. Subdivisions. Any type of residential subdivision that is permitted within a single-family
residential district should be noted within the use table for each district where it is
permitted.
This will provide awareness for what can be built adjacent, behind or in front of existing
residential properties, creating greater predictability in investments.
Objective (1)
Add New j
I. Subdivisions. Any type of residential subdivision that is permitted should be listed within
Article III - Establishment of Districts.
PAGF 16 of 17
Currently a number of subdivision types are listed under § 240-19 Modification of lot
requirements, under Article V - Regulations Applicable to All Districts. This makes the
provisions for these subdivision very difficult to find.
PAGE 17 of 17