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2025-158 (2)° \ \ kf/ $22 & 4 E \ 3 I \ � U± 00 C)\ ■ 8 § 2 � a \ \ CD ■ \ LO \ \ L0 C) � m r �kk ■ g % g \@c a// _ � � � � � CL §2 � @2 LE Q / 2 /f 0 6 0 L)a/ / \ 072 R = m \ / \ ƒ CN E / \ 2 \ 0 TOWN SUPERVISOR JOSEPIi'D. CAVACCINI August 12, 2025 TOWN0;�PA41 IER9/080 00 001 O'I+F1 cE OI+'': HF, TOWN SUPERVISOR Eoin Wrafter, AICP Commissioner Dutchess County Government Department of Planning & Development 85 Civic Center Plaza #107 Poughkeepsie, NY 12601 Dear Commissioner Wrafter: "TOWN HALL 20 MIDI)LEDUSE ROAD W APPINOit? RS PAI=LS, NY 1259D WWWJOWNO 1t 11PINGERNY,Gov (845) 297-4158- Mahl (845) 297-2744 - Direct (845) 29'74558 — Fax We are in receipt of your review of the Town of Wappinger's 2025 Comprehensive Plan Updates and Zoning Amendments. Although we appreciate the time that was put into your review, I would like to raise a number of concerns with you and the members of your team. Overview of Review As noted in the ACTION section of your review, the Town of Wappinger undertook the updates to the 2010 Comprehensive Plan and zoning code with the goal of improving the predictability of "permitted housing densities" and to "align infrastructure capacity improvements to accommodate future growth." To that end, we stand by the proposed 2025 Comprehensive Plan Updates and Zoning., Amendments and contend they will achieve the aforementioned goal. The Town of Wappinger remains committed to providing a framework that allows for the development of a variety of housing choices, retail opportunities, and employment choices, while continuing to safeguard agricultural. uses, the Town's natural environmental dualities, and our residents' quality of life. This cannot occur with unplanned or haphazard growth, insufficient infrastructure capacities, and inequities in how such infrastructure is funded. It is imperative that the true cost of future growth and infrastructure investments not be disproportionately placed on the backs of current residents. As noted in your review, the "coirrplekity in the Town's zoning code appears to result from incremental changes made over time without a oPmprehensive planning framework." The Town of Wappinger disputes this, but does note that what you noted is exactly what these proposed. changes will fix the mismatched quilted pattern of codes. Currently, approximately 16.4 acres within the Town of Wappinger are zoned as multifamily. However, with the incremental changes, as referenced above, including Designed Residential Development, PPDs, Conservation Development, and other unclear provisions, multifamily could occur on more than lust the 16.4 acres that are mapped and zoned for such. use. Not only is this approach completely unpredictable, it is completely unsustainable. Not addressing such unpredictable zoning provisions would be irresponsible. This is precisely why the Town is now putting forth the updates as presented in its 2025 Comprehensive Plan Updates and Zoning Amendments, Despite the well-intentioned goals that accompanied the incremental changes, unintended consequences that were not apparent at the time, x including a sharp increase'in the allowance for RMOdd commercial development in single family districts, must now be addressed. AUG 12 2025 Town of Wappinger Town Clerk Response to County Comments We offer the following additional feedback to the County's review of the Town of Wappinger°s proposed 2025 Comprehensive Plan Updates and Zoning Ameridtnents:;Items in bold denote the County's comments, while the Town of Wappinger'si responses are in italics. I. Dutchess County's 2022 Ron sing;llleeds-Assessment identifies a::critical countywide meed to increase both the number and variety of housing types to address persistent challenges in housing availability and affordability. Dutchess County's 2022 Housing Needs Assessment was flawed in that the data provided specific to Wappinger was incomplete and inaccurate, Since the 2010 Comprehensive Plan, the housing inventory/variety.in the Town of Wapinger has been greatly expanded, providing various housing types and affordability. The updated data is not currently reflected in the 2010 Plan, necessitating the update. In reviewing data provided by Dutchess County Real Property, the facts are overwhelmingly clear that the Dutchess County Housing Study is based on flawed numbers by voluntary survey, results. The Town of Wappinger has 4,006 multifamily units. 2. The Town of %appinger is well-positionedto contribute to this effo, rt clue to its water and sewer infrastructure and its history of accommodati.ng re-iclenk al growth. The Town is not well positioned with regard to the water and sewer infrastructure. Using the County's ridiculous preferred census population count of22,465, there are only 4,386 water customers and 3,464 sewer customers. Any expansion of these systems should be made available to facilitate the health, safety and welfare of current residents:.be ore<ex ara�lin to accoenrnacdate uture rowth. A comprehensive understanding of the Town of Wappingers sewer and -water capacity for; growth is not known. This is partially due to the fact that PUDs, which lack specificity of uses, are roadblocks to comprehensive sewer and water analysis, These floating zones that were part of the "incremental changes made over time" allow for commercial uses including sh.oppingfaeilities within residential zones.' A PUD creates dynarnic change because once established,' additional lands that abut it can also be developed as'a PUD: These could include very intensive sewer and water users, making existing sewer and -water capacity analysis nearly impossible. I The,proposed Comprehensive -Plan update.and zoning pmendments,include a series.of changes that collectively -reduce opportunities for,multifa,mily housing, includitig,the, elimination of allowances for converting large single4amily'homes into twos or mulct -family units. The County fails to recognize that one of the primary purposes of zoning is to guide land development and ensure it aligns with the community's long-range goals, protecting public health, safety and welf:.are. Converting single family homes .iniq,two or multi -family units is not just a zoning issue but a matter ofpublic health, s:.afety and welfare. Currently, this provision allows conversion of up to six (6) units. A minimum, of 1.5 parking spaces per dwelling unit is required, with no maximum. Most developers would likely provide two spaces per unit, as it would be easier to assign. At that ratio, the. •impervious surfaces for parking, would. he 2,400 square feet, not including circulation, This could have a.tremendous negative effect,on stormwater runoff, heat island effect, and the overall quality of life for• nearby residents, 4. The proposed, Comprehensive Plan update and zoning amendments include a series of changes that collectively reduce opportunities for multifamily housing, including the elimination ofDesignedResidential Developments; which permit varied housing types. This provision, ,240-50; was previously repealed, with ,¢240-19 (Conservation Subdivisions) cited as an alternative. The existing 2010 Comprehensive Plan notes that Planned tlnit Development is complicated and should'!be changed to specify "water and sewer service requirement's necessary for site -plan approval. " Both-PUDS and Designed Residential Development allow for commercial uses, creating uncertainty with regard to water and sewer infrastructure capacity. The purpose of a "cluster development" is to provide an alternative method for the "layout, configuration and design of lots, buildings and structures, roads,. utilities litres and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. ". (Town Law § 278). Currently; the Town has n guidelines, conditions and/or requirements to preserve the natural and scenic qualities of open lands. In recognition of this, the Town is proposing changes to its Conservation Development to address this. 5. The proposed ComprehensiveYlan update and zoning amendments include a series of changes that collectively reduce opportuinities for;multifamilyhousing, including confining multifamily zoning to a few nearly uilt=oat districts, with no new areas proposed. Until the Town of Wappingei� is able to complete a comprehensive sewer and water capacity analysis, and has the time and finding to allow for a full Comprehensive Plan update, it is not in a position to increase the areas where multifamily housing can occur. This is a more responsible approach then the current one; which is to neap and zone 16.4 acres for multifamily units, but in reality, allow it on m6 than `8,'000 acres through PUDs, Cluster Developments, Designed Residential Development, Conservation Development, or other provisions. 6. The proposed Comprehensive Plan update and zoning amendments include a series of changes that collectively reduce opportunities forjm.ultifamily housing, including revising definitions to classify townhomes as multifamily dwellings, further limiting where they can be constructed. The Town of Wappinger isnot redefining multifamily dwelling._As noted in NYS Multiple Dwelling Law: A "multiple dwelling" is a dwelling which is either rented, leased, let or hired out, to be occupied, or is occupied as the residence or home of three or more families living independently of each other (NYS Multiple Dwelling Law). Ownership of the units is not germane to the definition. A town home that is part of a complex with several similar units, is classified as multifamily, even if each unit is individually owned, as any individually owned unit, could be rented out. 7. As established in Berenson v. Town of New Castle and unci Master v. Town of Montgomery, municipalities in: New York.have a, responsibility to consider regional housing needs when making land use decisions., Restricting multifamily housing in this way, especially without a clear and consistent planning basis, undermines that responsibility and may be viewed as.exclusionary.. In 1975, the Court of Appeals decided the case ofBerenson v. Town ofIVew Castle which broadened the concept of comprehensive plans to include an assessment ofrepfonal housing needs. Although the case is often citedfor its impact: on so-called "exclusionary zoning" practtces, the decision actually extends the statutory mandate that zoning be in accordance with a comprehensive plan. The court stated that its concern was not whether each zone was a balanced entity, but instead whether the municipality itself was to be: "a balanced and integrated community. " The court then proceeded to lay down a test for this determination, the first branch of which was that a "properly balanced and well -ordered plan for the community" had been provided (citing Udell v. Haas, supra). It is the second branch of the test that expands the concept of comprehensive plans, namely, whether a zoning law demonstrates. that consideration is given to regional needs and requirements:; The "regionalneeds"o� rtion_of the Berens on decision has somewhere in the zoning law. 8. In addition to thesebroader concerns, the proposed update lacks the depth and internal consistency expected of a meaningful plan revision: The proposed update is thorough and has been the subject of numerous Town Board discussions and presentations with public comment. The Town Board endeavored to limit the planning process mainly to housing and infrastructure to allow the updates to be focused and involve a greater depth than a broad plan update, The updates are consitentwith'the public dialog. A public hearing allowing for public input will be held prior.to adopting any additional future local laws. 9. Internal Consistency, The proposed update directly pontra.dicts the Tow'n's 2010 Comprehensive Plan, particularly with regard to housing. That plan,.supported by public input and data analysis, identified.a clear need to expand housing Affordability and choice. The proposed update to the 2010 Comprehensive Plan is not contradictory, In 2010 it "identified a clear need toexpand housing affordability and choice; " Since that: time that goal has been achieved. Comparing the 64% single family to 36% multifamily split in 2010 to the 62/38 split in 2023 is not. reflective of the increase sand variety of inventory., 10. Data Accuracy. Some population and housing figures appear to include data from the Village of Wappingers Falls, which distorts the picture of conditions specific & the Town. Obviously, the data has changed in 15 years. While the County cites that the Town's population is "virtually unchanged" from 2010, the housing inventory and variety has substantially increased since then. Excluding the Village of Wappingers Falls from the "picture of conditions to the Town " only distorts consideration for traffic generating characteristics, environmental impact, infrastructure impacts, impacts on services such as fire, community/regional character, and community facilities to name a few. 3/ of this Village is within the Town of Wappinger. They pay taxes here, receive Town services, and elect Town officials — it is outright absurd that we would exclude them from this most important analysis that affects the entire Town. 11. Public Involvement. There is no documentation of recent community input, even though the policies currently proposed contrast sharply with. those in. the 2010 Plan, which was built on direct feedback from residents Under NYS Town Law, a public hearing will be held, providing for community input and feedback, prior to adopting the updated plan and zoning amendment. In addition, the Comprehensive Plan Updates and Zoning Amendments were discussed during at least two Town Board meetings, where public input was allowed and provided. i 12. Infrastructure Capacity.. The update suggests that infrastructure has not kept pace with development but provides no supporting data,for this claim. The Town has had to incre ase police patrol and add ambulances. Our four volunteer fire companies cannot withstand this significant strain on public emergency services. The Wappingers Central School District (WCSD) budgetpassed with an expansion to both Wappingers Falls Junior .High and Tran WyckkJunior High. The ever-increasing school budget places a burden on the taxpayers, who live here now, and are on fixed income, More people require more services, which means more taxes, not greater affordability. This comes following our Superintendent of (Schools who warned in April of 2022, that if this community continues down this path of overdevelopment, we would see capital projects and steep tax increases such as this. In May, 2024; an Engineer's Report evaluating the United Wappinger Water District was completed. Currentlythe only new connections being considered are those required to remedy an emergency situation. The existing UWWD source capacity safely accommodates average day and peak day demand Any excess capacity is intended to be reserved to mitigate emergency situations. Petitions to connect to the UWWD via tenancy agreement will be granted where the anticipated usage is determined to not have a significant impact on the needed and reserved excess capacity, 13. Planning Approach.46 agree that simplifying zoning is a worthwhile goal. However, much of the complexity in Ilse Town's zoning code ;a pears.to result from incremental changes made over time without a coMprehensive plataning framework. The.proposed Plan update continues this pattern, lntrodluchig.piecemeal alterations to the Comprehensive Plan to support narrow changes. to the zoning code. This approach risks exacerbating the confusion and co . plexi that the Town seeps .to address,. A, coordinated, .complete update to .the Comprehensive Plan and, then to the zoning.code wouldoffer a more effective and lasting solution. The complexityfound in the Town's Zoning Code is partially due to a greater focus on regional rather than local needs, not just incremental change. The changes over time are in response to regional housing challenges, which have led to an overall complexity and unintended consequences to the Town V Zoning Code. The proposed changes are meant to simplify the Code, and guard against unintended, and adverse consequences. In the County's response to the referral for the repeal of §240-50 it states: "We understand that some terminology in §240-50 is outdated. however, instead of repealing this section entirely, the Town Board should instead initiate a review and update of the process and definitions. " The Court of Appeals states: "A well -considered plan need not be contained in a single document; indeed, it need not be written at all. The court may satisfy itse rthat the municipality has a well -considered plan and that authorities are acting in the public interest to further it by examining all available and relevant evidence of the municipality's land use policies. " Examples of where courts have found evidence of comprehensive planning are zoning laws, environmental reviews and findings, legislative findings relating to adoption of a law or ordinance, minutes of the legislative body, studies and a previously adopted plan. The Town o WaI212inger is meeting all these requirements. The NYS Department of State's Zoning and the Comprehensive Plan guide states: The comprehensive plan invariably includes a thorough analysis of current data showing land development trends and issues, community resources, and public needs for transportation, recreation, and housing. Zoning is merely one method —albeit an important one—for implementing the goals of the plan. Having a comprehensive or well -considered plan ensures that forethought and planning precede zoning and zoning amendments. The most important theme in the leading cases interpreting the requirement that zoning he in accordance with a comprehensive plan is the language in those cases indicating that the courts will look to see whether zoning is for the benefit of the whole municipality This requirement does not, however, preclude future zoning amendments that "respond to changed conditions in the community...". The question iswhether the change "conflict[s] with the fundamental land use policies and development plans of the community... " These proposed changes are a response to changing conditions, unforeseen circumstances, and a desire to ensure that infrastructure capacity and improvements can accommodate current uses and future growth. Conclusion As noted in the proposed 2025 Comprehensive Plan Updates, the Town intends to undertake a full rewrite of the Comprehensive Plait in the near fiuture, as funds for such an endeavor are available. However, an interim update to the Comprehensive Plan was completed, among other things, to ensure that development does not occur at a rate that outpaces the Town's ability to upgrade is infrastructure to accommodate such growth, and to ensure that land use regLilatioris do not become so overly complicated that there is no predictability or certainty to both current residents and fixture investors. The zoning amendments that are being proposed are intended to fully address the issues outlined in the 2025 Comprobsnive Platt Update and ensure that the zoning ordinance is consistent with the Comprehensive Plan. Sincerely, Joseph D. Cavaccini, Town Supervisor Aoar TOWN OF WAPP11FR1 / 01r4wo 0 0 a�n RECEIVER (DE AXE Lee Anne Frolo 20 M11)(WERUS11 ROW NNAPPI N(,'I;,'.IZS UALLS, NA" 12590 tiN N%;W. I WA NO I, WANINGERM S;ON (845) 297-4158 - Nhin (845) 297-4342 - Direct (845) 297-1478 — Ery BEGIN. BANK BAL. Deposits Electronic Deposits Interest Other Total Less Disbursements/Adjustments Checks Paid Returned Checks Other ENDING BANK BAL. Less Pending Checks ENDING BOOK BALANCE Office of the Receiver of Taxes AUGUST 2025 REALTY MONTHLY TAX REPORT $ 2,152,221.63 $ 277,443-00 $ 72,795.25 $ 5,36352 $ 2,507,823.40 $ (10,013.80) $ 2,497,809.60 $ 2,497,809.60 - JC STY11 JOSTY11 D. CAVACCINI TOWN BOARD William 11. Beale Angela Bettina Christopher Phillips Al Casella FOWN CLERK Joseph P. Paoloni 111G11WAY SUPERINTENDENT N/fichad Sheehan R.ec.6\jed SuknWel by: Lee Anne Freno, Receiver of Taxes AUGUST 2025 REALTY TAX RECEIPTS A B C D E F G H I J I K 1 DATE AMOUNT BATCH TAX PENALTY MEMO NOTICE OVR/DUP INTEREST RETURNED 2 RECEIVED NO. FEE FEE PAYMENT CHECK FEE 3 4 8/4/2025 $ 1,573.68 141 $ 1,509.50 $ 60.38 $ 4.00 5 &/6/2025 $ 32,812,97 142 $ 31,522.10 $ 1,260.87 $ 30.00 6 8/9/2025 $ 522.39 143 $ 500.37 $ 20.02 $ 2.00 7 8/7/2025 $ 5,162,32 144 $ 4,961.84 $ 198.48 $ 2.00 8 8/13/2025 $ 75,917.33 145 $ 72,958.60 $ 2,922.73 $ 26.00 9 8/13/2025 $ 1,317,04 146 $ 1,264.46 $ 50.58 $ 2.00 creditcard 10 $ 132,09 146 $ 126.62 $ 5,47 check 11 $ 1,900.00 146 $ 1,827.31 $ 72.69 credit card 12 8/13/2025 $ 7,106.92 147 $ 6,829.73 $ 273.19 $ 4,00 13 8/14/2025 $ 25,765.41 14B $ 24,754,24 $ 992.17 $ 20.00 online 14 8/15/2025 $ 7,201.73 149-$ 6,918.96 $ 276.77 $ 6.00 15 8/18/2025 $ 36,163.98 150 $ 34,750.00 $ 1,395.981 $ 18.00 16 8/19/2025 $ 7,640.08 151 $ 7,340.46 $ 293,62 $ 6.00 17 8/20/2025 $ 20,773.98 152 $ 14,594.46 $ 583.80 $ 5,595.72 18 8/22/2025 $ 15,157,78 153 $ 14,567.09 $ 584.69 $ 6.00 19 8/25/2025 $ 11,082.44 154 $ 10,650.43 $ 426.01 $ 6.00 20 8/23/2025 $ 59,611.46 155 $ 57,274.49 $ 2,290.97 $ 26.00 $ 20.00 21 8/27/2025 $ 22,763.10 156 $ 21,868.35 $ 874.75 $ 20.00 22 8/29/2025 $ 12,999.34 157 $ 12,495.51 $ 501.83 $ 2.00 23 8/29/2025 $ 4,633.01 158 $ 4,447.13 $ 177.88 $ 8.00 24 Total $ 350,238.25 25 8/31/2025 $ 5,363.52 $ 5,363.52 26 Total $ 355,601.77 $ 331,171,65 $ 13,262.88 $ 188.00 $ 5,595.72 $ 5,363.52 $ 20.00 $ 355,601.77 27 28 8/8/2025 $ {2,883,07) 142 $ (2,770.26) $ {110.81} $ (2.00) 29 8/8/2025 $ (7,130.73) 142 $ (6,854.55) $ (274,18) $ (2.00) 30 Total $ (10,013.80) $ 9,624.81} $ (384.99) $ 4.00) AUGUST 2025 REALTY TAX DISBURSEMENTS A B C D E F G H 1 2 DATE AMOUNT DCCF SUPERVISOR OVR/DUP CHECK 3 DISBURSED PAYMENT NO.