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POUGHKEEPSIE TOWN PLAN FINAL. GENERIC EIS ZONING LAW LAND SUBDIVISION LAW ZONING MAP Town of Poughkeepsie, New York Public Review Draft August 22, 2007 POUGHKEEPSIE TOWN and Final Gee Environmental Imps (FGEIS Accepted ai�Complete Town terrent 22) 2007) , New York Town Plan Public Review Draft August 22, 2007 POUGHKEEPSIE TOWN PLAN Table of Contents SECTION I — INTRODUCTION...............................................................................3 RegionalSetting..................................................................................................3 HistoricOverview..............................................................................................3 History of the Planning Process..........................................................................7 SECTION II — PLANNING POLICY RECOMMENDATIONS ......................11 Community Involvement ..................................... .......................... 11 Natural Environment and Greenspace .. �. 15 Historical, Archaeological and Cultural Resources .............. 20 Population and Economic Base ................... ........... .................... F. �................24 Housing............................................ 32 Transportation ......................................... ��. 35 Community Facilities ...................... ..........42 SECTION III — CENTERS AND GREENSPACE PLAIN......................................54 Greenspaces ........................... Centers 55 ........................................... ....:.........................58 Suburban Areas.......................................................69 E SECTION IV — IMPLEMENTATION � "� ATION.... :..............: ..........................................71 SECTION V — FINAL�GEIS. .......80 APPENDIX - MAPS Map 1: l�atural Features Map 2: Water. Features Map 3: Historic Resources Map Parks, Trails and Recreation Map Emergency Services Map 6 'Educational Resources Map 7: Existing Land Use Gr Map 8: Centers and eenspace Plan Map 9: Arlington Center Design Alternative Map 10: Fairview Center Design Concepts Map 11: Emerging Center Salt Point Turnpike LIST OF TABLES Table 1: Town of Poughkeepsie Population Projections..............................23 Table 2: Town of Poughkeepsie Build -Out Analysis...................................24 Table 3: Where Town of Poughkeepsie Residents Work, 2000 ...................25 Table 4: Ranking by Retail Sales, 1997........................................................26 Page 1 Town Plan Public Review Draft August 22, 2007 '- Table 5: Employment by Industry, 2000........................................................27 Table 6: Selected Average Daily Traffic Volumes ....................................... 35 Table 7: AMTRAK Annual Weekday Ridership..........................................36 Table 8: Metro -North Inbound Weekday Ridership.....................................37 Table 9: Public School District Enrollment Trends......................................50 Page 2 Town Plan Public Review Draft August 22, 2007 SECTION I INTRODUCTION Regional Setting The Town and City of Poughkeepsie share a common history. Until the 17th Century, Wappinger Indians were the principal inhabitants of the area. Historians agree that the name "Poughkeepsie" comes from the Wappinger phrase for a spring where Indians gathered and wove lodges from the abundant cat -tail reeds, and that it refers to a place on the banks of the Hudson River near what is now the Poughkeepsie Rural Cemetery, just south of the City. The Indians called Page 3 Town Plan Public Review Draft August 22, 2007 their meeting place "uppuqui' (oo-poo-kee) meaning "lodge covered" plus "ipis" meaning "little water" plus "ing" meaning "place": the Reed -covered Lodge by the Little Water Place. Uppuqui-ipis-ing became Apokeepsing, which became Poughkeepsing, and finally Poughkeepsie. Henry Hudson's explorations of the region in 1609 laid the initial Dutch claim to the territory. In 1664, this claim was transferred to Englan By 1683 Dutchess County became one of the tw i ' al counties of the province of New York :,the second county in New York State. The County originally contained all of t Dutchess, Putnam, and part of Columbia Counties. Although the mouth ofWa originally settled in 1680, initial development of th pp Creek was P as slo took place along the streams and in the present City area. Growth , spurred by the co ction of a north/south road through the County in the a 00s, which became th Highway and later the Albany Post Road, now Ra >9. Poughkeepsie was from the beginni ng tl The Town, which included what is no the County seat in 1717. By 1720 the current County Courthouse exists on the 18th Century, the population of the Pougl respectable rate, with rcial, pc around Main and M . et Stre The fortunes of war City occupipft-, center of govenent for Dutchess County. City and the T 411n of Poughkeepsie, became use and ja ,,WV a completed, and the too nal courthouse. Throughout the ep Pre ntinued to grow at a h , and soc life of the area concentrated expected prominence. With New York burned in October of 1777, the state where it remained for most of the next six years. The ratification of the Constitution of the United States by the State of New York, the most important historic event in the Town's history, took place in 1788. Page 4 Town Plan Public Review Draft August 22, 2007 of the Also in the year 1788, Poughkeepsie Township was formed by an act the same as boundaries with tore In 1799 the Village of Poughkeepsie he exception of the Eighth Ward, hich was annexed by the existing City bound the City from the Town in 1929. d its population increased, agitation for a city charter As the Village grew in stature an commenced. By 1855, the Village's resident 3,110. Yet the Village was dependent upon the Town for p�rotectnumbered 12763 �onpnew streetsmared to the Town's and schools. The secession took place in 1855 and the Village became a city. changed to East Poughkeepsie and later Other Town hamlets wE population of 339 1 1860. Channingv111 ; near Wappingers Falls, had a grist nul two w Following the separation, 'i'o I continued to `:grow. Vassar College was e blished in 1861 and W: opene�dn 1865 with 353 studenfikThe College nn„tr;h„ ie " eatly to the Arlington Disicct, then called Bulls Head, a name originating from the cattle ,auctions held there. The e was subsequently ew Hamburgh" had a two co g mills and 15 houses, w'. Manchester 6 e a dozen houses an paper mill. The Fairview District developed at a later date with the coming of industry in the neighborhood. The Hudson River State Hospital was established by the State Legislature in the Fairview District. When opened in 1871, the institution had 60 patients, but 100 years later the number had reached 4,400. Page 5 Town Plan Public Review Draft August 22, 2007 By the turn of the century, Poughkeepsie was the heaviest populated and most important town in Dutchess County. Industrial development began, mostly in the Fairview District, where many manufacturing plants located, and Marist College opened in 1929. In the early 20th century, the increasing availability of the automobile began to change the landscape of Poughkeepsie. With many residents enjoying the benefits afforded by personal transportation, Poughkeepsie undertook numerous infrastructure improvements designed to accommodate automobile traffic. One of the most significant transportation improvements in Poughkeepsie was the construction of the Mid -Hudson Bridge, completed in 1930. During World War sites, available labs New York City, wE navigational si Force in 1952. emphasis was on resrch and development, with the completion of the laboratory on Boardman Road. In 1961 the production of computers began. By the 1970s, the number of employees at the company's plants in Poughkeepsie numbered 12,000 and the plant had grown to 2.3 million square feet. the Town, with its valuable industrial highways and railroads, and proximity to ppened the Munitions Manufacturing merged with IBM. Page 6 Town Plan Public Review Draft August 22, 2007 Following World War II, automobiles and improved roads made suburban living a possibility for increasing numbers of people. From the 1950s to the 1970s, while the population of the City was declining, the Town was experiencing unprecedented growth. New housing, schools and shopping centers consumed much of the Town's farmland. During the 1980s, several large corporations and factories closed their operations in the Town of Poughkeepsie, resulting in a significant negative impact on the economic development of the Town. A nation-wide economic downturn continued into the 1990s. This impact was exacerbated locally by a reorganization of IBM which resulted in a significant downsizing in the early 1990s. Despite this economic downturn, the mid to late 1990s brou L diversification of employment opportunities as many businesses rushed to left by these large corporations and take advantage of the Town's resource w d em ent base. The Town's economy became more diversified, with education, � ealthc'` d retail and high-tech industries gaining importance. Recent events have had a profound impact on resntial dew,elopment in th gion. As a result of the events of September 11, 2001, some New or City residents ave been choosing to locate in other parts of N w York State Counties like Dutchess, which have convenient transportation connections ew York City as well as local employment opportunities, have been the focus of m `eat sidential interest and development. Combined with a nation-wide housing b mr.lustoriatly low interest rates, the pk Town is facing great development pressor History of the In 1957, the Town of PZ1 � eMWe;,adopted a Mvelopment Plan, prepared by George M. Raymond Associates Pla Cori'ultants `, his plan not only provided the initial dialogue regarding Ilie nature" a gional planning, but also discussed the necessity for regular"lan updates A4 -,the need" or community participation in those updates. A ZI . . planning analysis describedemographic trends in comparison to the City of Poughkeepsie .and DutchesCounty and predicted a continued population increase as a result of IBM and DeLaval , ansions, combined with the then recently completed New y�� York State Thruway, and alai omation of the area's industry. A Physical Developrn�ent Plan targeted reforms necessary in several categories, including traffic circulation (citing the need for several by-pass corridors), the Arlington Business District, and current zoning and land use. Additionally, a Comprehensive Recreation Plan detailed existing and proposed recreational facilities for the Town. Existing Town conditions were described with respect to nine distinct neighborhoods - the Bedell Road Area, Cottam Hill, New Hamburg, Red Oaks Mill, Red Oaks Mill South, Rochdale, Spackenkill, Fairview, and Arlington. Page 7 Town Plan Public Review Draft August 22, 2007 In 1971 the Town adopted The Development Plan for the Town of Poughkeepsie, prepared by Brown and Anthony, City Planners in cooperation with Matthew J. Delany, City Planners. Similar to the 1957 Development Plan, this document used an examination of existing conditions and determination of future needs to develop a future Development Plan. While the 1957 Plan discussed the availability and suitability of developable lands in a more general sense, the 1971 Plan included a map overlaying vacant lands with steep slopes, floodplains, and lands already developed. This plan also identified the Hamlet Concept as the preferred development pattern, based upon public ; nsensus. The purpose of the Hamlet Concept was to "establish a sense of neighborho , . within the framework of the Town", with commercial development concentrated' _, ets near higher -density housing. In addition to Arlington, which was the well -es s own Center, the hamlets were identified as Fairview, Rochdale, Red Oak ill, S Road, New Hamburg and Wappingers Falls. The 1971 plan contained an in depth traffic a proposals for transportations improvements i significantly impact the Town, including the recommendations for a number of tr = orta through the Town, a pedestrian circul Arlington, Fairview and Red Oaks Mil The 1971 plan also provided the first reco "Esthetic Characteristi Analysis". sites, the map and a sis ide y' "' several a importance to the �o ty. plan also boathouses along Rega w imps Hospital lands along then im �s create a couniy-wide syerfro k system. 1 analysis ouTihmg several County that yould Is. In conjunction with facilitate the flow of traffic ksidewalks throughout the addressed in an ldition Wa number of important historic of natural beauty and outline their re'zed the "great potential" of the of acquiring the Hudson River State access to the river as well as help to The Town of Poughkeepsie Master an, prepared by Stuart Turner and Associates, was adopted by the Town of Po�hkeepsie in 1990. The overall goals include maintaining the quality of residential neighborhoods, enhancing the Town's natural environment, providing greater access to the Hudson River, improving the Town's aesthetic characteristics, and :fostering controlled economic growth that enhances the tax base and provides employmenbpportunities. Similar to previous plans, existing conditions within the Town are identified with respect to distinct neighborhoods. While the 1957 Plan recognized nine neighborhoods and the 1971 Plan recognized four neighborhoods, the 1990 Plan recognizes a total of six neighborhoods within the Town — Arlington, the Route 9 Corridor, Red Oaks-Spackenkill, Southwest — New Hamburg, Fairview, and Northeast — Rochdale. In 1994, the Poughkeepsie-Dutchess County Transportation Council (PDCTC) adopted its Transportation Plan. Based on past transportation plans for the area dating from the 1940s, this plan contains a series of recommendations designed to maintain existing Page 8 Town Plan Public Review Draft August 22, 2007 infrastructure, provide new transportation capacity, and manage existing metropolitan systems more effectively. In 1998, the PDCTC adopted a Transportation Plan Update. This update addresses all forms of transportation and makes recommendations regarding any improvements or changes that should be implemented. This update also includes an air quality analysis and discusses notable projects in the county. A Local Waterfront Revitalization Plan (LWRP) was adopted by the Town of Poughkeepsie in 1999. This Plan addresses 8.5 miles of waterfront on the Hudson River and two miles on Wappinger Creek. Due to the topography of the land, the rail line and commercial and industrial uses on the waterfront, public access 21been limited. Several busines institutions 10 7r a v. M 38 376 t .# eJ2,74 f 113 a 48 77 AV �� the 7r�tnrn of Rougirke�ps�e L/RP sites wnicn rurtne -°notn physical and visuals cess to the Hudson River. This plan will incorporate the policies and recommendations of the LWRP A"report titled The Arlington District: A Vision for Revitalization was developed in 2000 for Vassar College and the Arlington Revitalization Committee to create a new vision for Arlington that incorporates strategies that produce better public spaces. Presently, the New York State Department of Transportation is developing a plan to reduce the number of lanes going through Arlington as well as a number of traffic calming devices. Pedestrian and bicycle improvements will also be addressed. In 2000, the Town joined the Greenway Compact Program by adopting Greenway Connections as a supplement to its zoning code and subdivision regulations. The Greenway is a State-sponsored regional planning framework designed to enhance the character and economy of the 13 counties bordering the Hudson River. As of 2005, 27 of the 30 Dutchess County communities Page 9 Town Plan Public Review Draft August 22, 2007 have voluntarily joined the Greenway Compact and agreed to work toward intermunicipal cooperation, without forfeiting any of their local decision-making powers. The primary goals of the Greenway Program are 1) Natural and Cultural Resource Protection; 2) Economic Development; 3) Public Access; 4) Regional Planning; and 5) Heritage and Environmental Education. The Greenway Guides included in Greenway Connections provide a toolbox of specific methods of preserving the landscape, building successful communities, and creating connections. One of the primary objectives of the Poughkeepsie Town Plan Update is to make the plan and zoning law consistent with the LWRP and Greenway principles and guides. Page 10 Town Plan Public Review Draft August 22, 2007 SECTION II PLANNING POLICY RECOMMENDATIONS 1. Community Involvement The Town of Poughkeepsie began the process of updating the 1990 Master Plan by forming a committee comprised of Town Board and Planning Board members, Town staff members and citizen volunteers. This ���Wv W� committee was separated into several subcommittees, each charged with developing goals and recommendations for individual elements of the updated Comprehensive Plan. Through numerous visioning sessions, workshops, and organizational meetings, the subcommittees were able to identify existing strengths, weaknesses, and opportunities within the Town with respect to each Comprehensive Plan element. From this identificatio subcommittee members were then able define goals and recommendations targe 1,11 the Town. The underlying ba, expressed in sever. plan. In addition, a Toward the Future was i is an I values and goals of the community, as shout the Town in preparation for this a Conducted. This survey, entitled Looking n in the Town of Poughkeepsie, New York, for Public Opinion in 2002. The following in this survey: Most7iesldents rate the overall quality of life in their communities positively, they E " . feel that e.gualityeof life has remained the same or improved over the past five years, andthey11 feel safe walking, biking or jogging in their communities. A majority of Town residents would like to see a neighborhood center with small businesses, along with a post office, library or park where community and cultural events could he held. Economic Growth Residents feel that the best way to encourage economic growth in the Town is to increase tourism by restoring historical and cultural landmarks, and the next best way is to develop recreational opportunities. Residents are divided on whether the development of new homes is a good way to encourage economic growth, and are similarly divided on the issue of developing manufacturing or industrial parks. Residents feel that the least desirable way to encourage economic growth is Page 11 Town Plan Public Review Draft August 22, 2007 through the development of shopping centers and mini malls, and a majority of residents feel that more retail business and shopping would not be good for their community. Affordable Housing, Open Space and Taxes Most residents feel that there is a need for more affordable housing, especially affordable housing for senior citizens. However, given a choice between increasing affordable housing and keeping taxes down, most residents would rather keep taxes down. Also, given a choice, most residents would choose to protect open space over increasing affordable housing.e a majority of residents would choose to protect open space over enco . economic growth, residents would choose to keep taxes down over pro g open space. Transportation Most residents feel that traffic congestiol} is a problem, and tha a is a need to improve the roads in their communitie a most popular solutio fic congestion is increasing public transports n* follo d by building,","" w roads to better connect subdivisions or neishborhoo ., W Once a'p egminary set of goals and recommendaiiois had been defined, an en house.was scheduled on 6', 18, 2002 to present the co ee's findings to the community. The strong public input gained from this forum helped to refine the proposed goals and recommendations and determine a shared community vision. Based upon all of the data assembled and public opinion gathered during this process, an initial draft comprehensive plan was submitted in 2004. This draft mprer �I p plan and all of the background data ��' and surveys are available for review at the Town Hall. In addition, demographic data will be regularly updated and will be available at the Dutchess County Department of Planning and Development. The Town chose to use the wealth of information compiled in this background material as the basis for a more concise final Poughkeepsie Town Plan that will focus on policy recommendations and more specific planning strategies for particular areas of the Town. Page 12 Town Plan Public Review Draft August 22, 2007 Through an analysis of existing conditions, a set of goals and recommendations based on these conditions, and a strategy in place to achieve these goals and recommendations, the Town of Poughkeepsie now has the tools necessary to advance the planning process and achieve their vision for the future of the community. Policy Recommendations 1.1 The Town should encourage the widest process to ensure that everyone's conce encourage public involvement include,f ■ Regular press releases in addition to meetings and events; ■ Candidate or community 3, forur. ■ Weekend walkabouts wi a development proposals; ■ Expanded cable and radio co ;era da' ■ Provide unnformation a the 1.2 The TowngE local interest 1.3 1.4 e participation u%"the governmental heard. Some technilues to announce agendas of in problems or and events; Town eighborhood associations and other collective concerns and organizing roperties such as -the Town Hall and parklands, should be available as for commurity-wides6rvice activities. Major gateways to the Town and historic hamlet areas should create a distinct and positive visual impression with better landscaping and thematic signs that define the entrances and help generate a sense of community identity and pride. 1.5 The Town should ensure that lead agencies implementing the State Environmental Quality Review Act (SEQRA) produce documents understandable to the general population, provide full opportunity for public comments and consider project alternatives that are compatible with the existing community character. 1.6 To continue encouraging public involvement in the planning review process, the Town should require: ■ Public comments as part of the site plan review procedures; Page 13 Town Plan Public Review Draft August 22, 2007 ■ Posting of notice signs on properties that are the subject of planning and zoning actions; ■ Mailing of public notices to neighboring owners of properties that are subject to proposed planning and zoning actions; and ■ Applicants proposing major developments to submit all SEQRA and other application information in electronic format so it can be posted on the Town website or be otherwise made available to the public. 1.7 The Town Board should appoint a committee at least every five years after adoption to review and recommend amendments to this plan in conjunction with resident forums on current planning issues. Page 14 Town Plan Public Review Draft August 22, 2007 2. Natural Environment and Greenspace The Town of Poughkeepsie is rich in remaining natural resources and open space or "greenspace", even though suburban development has been fragmenting natural systems into separate house lots and commercial strip development since the 1960s. One of the Town's most significant natural features is the Hudson River. The Wappinger Creek, Casperkill Creek and Fallkill Creek also flow through the Town. Other `` I resources include wetlands and other water bodies, �� smaller streams, floodplains, steep slopes, significant plant and wildlife habitats, mature woodlands and other greenspaces, including some farm land - all of which feed our aquifers. These natural resources are indicated on Map 1 - Natural Features, and Map 2 — Water Features. Although the Town is its land area is al d"' U? that there is still a sig Some of this land is P, remains make de public pulous municipality in Dutchess County and much of the Centers, -,and Greenspace Plan (Section III) shows ant of undeveloped land in the Town of Poughkeepsie. ireserved, however, the bulk of the undeveloped land of this Ian as significant natural constraints that v+elopment n r difficult and expensive, increasing development pressure is ng these natur'a��source .areas`because they are not adequately protected. The of these fea es, and ' some cases the provision of access to them for >e ` enjoyment,wpuld greatly enhance the quality of life of Town residents. The preservation of natural features received overwhelming endorsement from Town residents in the various public input forums. The Town has demonstrated its commitment to t' _ preserving its natural Pesch Hsu 011 �' resources through the _.. recent acquisition of Peach Hill and the adoption of an Aquatic Resource Protection Law in 2003. The Town Page 15 Town Plan Public Review Draft August 22, 2007 also has an active Conservation Advisory Commission (CAC), a group of Town Board - appointed residents who volunteer by advising the Town Board and Planning Board on a variety of environmental issues relating to development within the Town. The Town can further its commitment to preserving greenspace by establishing a funding mechanism for the purchase of land or development rights. There are a number of grant programs available to help municipalities preserve greenspace, but many of these funds require a matching contribution from the community. The Town Board should consider ways to establish a fund which would enable the Town to take advantage of these available resources., While continued development in the Town is anticipated, the , s stated in this section will help foster an even greater appreciation of the Town' 1a � esources and will help enable the Town to further its protection measures while lowin > growth in appropriate places. Additional strategies for prese rv' enspace arm autlined in Section III - Centers and Greenspace Plan..r, Policy Recommendations 2.1 The Town's greenspace syste d be prese 4, part by concentrating development in and around des l ters areas. the centers, greenway systems should be iden a scape esign standards used to link to the surrounding natural are O I enters, zoning and design guidelines sho to prese ontiguou eas of greenspace and reduce developmen nsities. '' ` Greenwa uides in Sections A and D of the Greenway ructions ould be cons during the development process. These guideline' , i es for serving greenspace, water quality, and creating connectio In, 2.2 The Town sh6ui1adopt s to preserve the priority greenspace parcels that "are specifically targeted for eservation on the Centers and Greenspace Plan. Loves density ands o�se tion zoning techniques, clustering regulations, transfer or purchase of development rights, conservation easements, and other tools for preserving greenspaee should be enacted for these areas, and the Town should consider ways to stablish a funding mechanism to help preserve priority greenspaces. `"owing increased development densities within the Centers would off -set the potential effects of regulations that would preserve open space and limit development densities in the greenspace areas. 2.3 The Town should adopt regulations requiring that a clearly identified open space system that reflects the goals of the Poughkeepsie Town Plan be part of every major site plan or subdivision proposal. Whenever possible, this open space system should be linked to form continuous greenspace corridors. Natural corridors should be particularly encouraged along streambeds and wetlands to provide open space, wildlife habitat, and groundwater protection. Page 16 Town Plan Public Review Draft August 22, 2007 2.4 The Town should preserve its biodiversity by identifying and protecting important wildlife habitats, rare or endangered plant communities and other significant environmental areas. Although some protection is provided through the State Environmental Quality Review (SEQR) process, a biodiversity study should be conducted to allow the Town and potential developers to have more information and to have it in the beginning of any development process. This information should also be used by the Town to help determine whether certain areas should be targeted for preservation. 2.5 The Town should strengthen its Aquatic Resources Protection Law, including a "no net loss" policy, and should examine the prachcallt of a "no loss" policy, for regulated wetlands, to require an applicant for an Aquatic Resources Permit to mitigate any unavoidable loss of wetlands by providing at least the same amount of wetland area on-site if possible, or alternatively on another site within the Town., In addition, the Town should periodically examine they, adequacy of wetland stream, aetndiC► F iis �? �r�p, water body buffer setbacks to , determine wheer Ieare'` actively fun cnuig ag °protection for these resources. 2.6 The Town the Hudson River. Potential new access int, shou19be identified; existing access should be improved. Specific e les inA Quiet Cove Park (to be maintained by Dutchess County on the er Hudson River Psychiatric Center waterfront), the Dutton (E ber parcel, L iew Perk at Marist College, and possibly land at the end of S9"ock Road, fa oad land at Pirate Canoe Club Road north of IBM North 100, ,the oil storage site in New Hamburg. 2.7 The Towns ul actively pursue, as a high priority, the establishment of a continuous Hu son River Greenway Trail which connects to Greenway Trails in the City of Po ghkeepsie, the Town of Hyde Park and the Town of Wappinger for active and passive recreational use. 2.8 The Town should also protect the natural environment of the Hudson River Shore area. In 1999, the Town of Poughkeepsie adopted a Local Waterfront Revitalization Program, and as a result, state, federal and local actions within the Town's waterfront area are to be undertaken in a manner consistent with the provisions of this LWRP. Page 17 Town Plan Public Review Draft August 22, 2007 2.9 The Town should work toward preserving and acquiring access to the Wappinger Creek, Casperkill Creek and Fallkill Creek corridors for public access whenever possible. Land along the creeks should be obtained through cooperative efforts with landowners, preservation groups, adjacent municipalities, and Dutchess County. As opportunities arise, land or easements along stream corridors should be acquired during the development process. Lands along both sides of these creeks should be made part of a greenbelt system, linking to larger open space areas. 2.10 The quality of the Wappinger Creek and underlying aquifer must be protected. In order to provide adequate protection, however, an inventory of surface waters and ground waters must be created. The Town has signed the Intermunicipal Agreement for the Wappinger Creek Watershed, and the goals outlined within that agreement should be actively, pursued. These goals include mapping stormwater discharge points, protecting and restoring µafati"cnaresci forest buffers, identifying sprawl - inducing code reulns, and g the creation of impervious surfaces. 2.11 The Towns bifid promote a land use paten that protects surface and Or groundwater resources and lmmportant ag fifer recharge areas while working to ehminate or mmi nuze sources of p61 on. Enacting and enforcing measures to contro�sol bion and ,"sedimentation from construction sites and established rises will help ve thialand will help bring the Town into compliance the mandato °. Q YSDW7 Phase II Stormwater Regulations. 2.12 The T'q' Board s Id adopt regulations to govern development on land with slopes oft, erce r more, especially slopes in proximity to wetlands, waterbodle atercourses, in order to protect these areas whose soils are especially vu rable to erosion and to minimize the disturbance of natural drainage patterns. This should include consideration of a tree preservation law to prevent the clear cutting of land and the resultant disruption of the local watershed. 2.13 The Town should identify its priority scenic viewpoints and adopt regulations to protect these areas. The Town should also develop a cooperative relationship with adjacent municipalities to minimize visual impacts on important scenic areas, particularly the Hudson River viewshed, including the Wappinger Creek, Page 18 Town Plan Public Review Draft August 22, 2007 resulting from development both within and outside of the Town of Poughkeepsie. 2.14 The Town should consider designating additional Critical Environmental Areas (CEA's). There are currently five CEA's within the Town: Schatz Federal Bearing, Page Industrial Park, Dutchess Sanitation (FICA), Wappinger Creek and Wappinger Lake. The CEA designation, authorized under SEQR, provides that greater scrutiny be given to all proposed actions subject to environmental review. It is meant to raise awareness of those natural and cultural resources that are most important to the Town due to their benefits or threats. Some examples include public water supplies, aquifers, flood hazard areas, haza 11111, waste sites, significant plant or animal habitats, unique or exemp geological formations, scenic areas, landmarks and historic districts, and r se arc areas. The mapped greenspace areas should be considered for additional analysis to determine whether they meet CEA designation criteria Page 19 Town Plan Public Review Draft August 22, 2007 3. Historical, Archaeological & Cultural Resources The Town of Poughkeepsie, part of the Hudson River Valley National Heritage Area, is rich in historic and cultural assets. These resources contribute to the character of the Town and the neighborhoods in which they exist, and have great importance to many of the people that live there. Historic and cultural sites, indicated on Map 3 — Historic Resources, are also important when viewed as an attraction for potential tourists. The results of 2002 Marist Survey of Public Opinion indicate that the majority of Town residents feel that the best way to encourage economic growth in the Town of Poughkeepsie is to increase tourism by restoring historical and cultural landmarks. Historic Preservation There are at least 25 structures in the Town that are listed on the State and National Registers of Hist n Places, four ch designated National Historic Landmarks. In addihoxl hess Co Departm t of Planning. and Development conducted a wmdshid surve " the historic significant properties in the Town of Y� Y P p Poughkeepsie as part o ! coon ",.;wide project " X86. As a result of this survey, 89 properties that met the s dar x; e,State oric Preservation Office were documente which vai a e a# die Town Historian's Office. These sites were determi Wto me ' er hi ":'. research toward local landmark designation or possil, nomination to atio agister of Historic Places. Since then, the Town has designs Height Local L arks an has added at least 25 other sites to the County's list of hist* ly signific roperties. The Town hasve oric Preservation Commission, which was enacted in 1995 when the Town a . gislation establishing the Commission and outlining standards for the designation o andmarks and modification of landmarks (Town of Poughkeepsie Code, Chapter 126). It is this Commission which made recommendations to the Town Board that resulted in the designation of the eight Local Landmarks. This designation has saved some of these properties from almost certain demolition. The Commission is continuing to review the list of historically significant properties to determine which should be considered for Local Landmark status or State and/or National Register designation. Currently, many historic documents and artifacts relating to the Town are scattered between the libraries, the Town Hall, and various other storage places. This includes Page 20 Town Plan Public Review Draft August 22, 2007 three 17th century books chronicling Town government and school records. Restoring and reassembling these items in a visible public location within the Town would help to educate the public about the history of the Town and raise awareness of the value of preserving our heritage. Other methods of educating residents and visitors about local historic and cultural sites should be considered, such as guided historic walking tours and maps, a historic resources page on the Town's website, and better identification of the historic sites though a sign program, for example. Archaeological Resources The New York State Office of Parks, Recreation and Historic P, ion has identified a number of archaeological sites in Poughkeepsie. These sitq ear to be predominantly Indian community sites and fields. Additionally, there are,' 'tes of prehistoric significance. Since these sites are considered sensitive, eir loc are not publicly identified. �= b Cultural Resources The Town of Poughkeepsie has a variety of cultural resources available, several of which are also sites of historical importance. The& -J, cl three colleges: Marist College, Vassar Ccillege, ,. and Dutchess Community College, which are also discussed in the Educational Resourced section. In addition to a multtude of cultural opportunities provide including visual aril continuing education also have histoma Marist; ege" listed,A the State an these facilities,;H z 'Y rming arts, libraries, uest leetures, they currently gsters of 1,865 and is currently t ,office of the c` � ege president. Kieran Gateo a also dat o 1865 and served as the gatehouse for the original estate , purchased in 1 O E Pette s, also built in 1865, houses administrative offices for the College. Vassar C©� Main Building, designated a National Landmark, was the original college bung when Vassar opened and now houses administrative offices and student housing. The Vassar College Observatory, constructed in 1865, is also listed as a National Landmark. Many other buildings on campus have historical significance as well. There are also a variety of fine arts resources located within the Town. The Frances Lehman Loeb Art Center, located at Vassar College, is one of the largest galleries in the Hudson Valley with more than 15,000 works. Numerous theatrical performances can be found at the colleges and at the County Players Theater. The Town also offers a free weekly summer concert series in local parks. The success of this program could be built Page 21 Town Plan Public Review Draft August 22, 2007 upon by providing a variety of seasonal arts events in other local parks, such as outdoor movies and arts and crafts fairs, for example. f the ;a, i River =h Hill, Iourism ting aic sites Atural ding and ted ins and upon ;al to trict iese do not chic pes, :ectural Board, iould include both street front and rear and side building elevations. 3.4 The Town Historic Preservation Commission should promote its historic and cultural assets, particularly its historic districts and hamlets, through the use of educational materials in local schools and libraries, an enhanced website, and in conjunction with driving, cycling and walking tours. Page 22 Town Plan Public Review Draft August 22, 2007 3.5 The Town should restore and reassemble the Towns historic documents and relics and display them in a public location within the Town to help educate the public about the history of the Town and raise awareness of the value of preserving our local heritage. 3.6 The Town should continue to work with the State and local historic sites to develop a Poughkeepsie Heritage Trail linking Locust Grove, Maple Grove, the spring at Apokeepsing from which Poughkeepsie derived its name, and the Poughkeepsie Rural Cemetery, with Springside and other historic sites in the City of Poughkeepsie. This project should include enhancing pedestrian connections between sites, signage, promotion, and protecting the district wit architectural design standards. 3.7 Through the development review process Highway Department policies, the Town should strive to retain stone walls, ree-lir streets, barns, cemeteries, and features of the landscape. 3.8 The Town should .bbnt nue to historical, cultural and`archae to be conducted as appropn local Landmarks and otle lo, sites. in conjunction with the SEQRA process. A list of illy important historic sites should be made �trYteit, and applicants should be referred to the :ommission if their project would impact one of 3.9 Tlie';",awn should s Ensor and support the provision of more cultural events in Page 23 Town Plan Public Review Draft August 22, 2007 4. Population and Economic Base Population Dutchess County is the fifth fastest growing county in New York State, according to 2004 Census Bureau estimates. This follows a regional trend, with Orange and Putnam Counties growing at an even faster rate. Much of this growth can be attributed to the area's proximity to the New York Metropolitan Area,- where the high cost of living has made more affordable areas like Dutchess County attractive places to live and do business. population declined by about 8,500. Town's population only increased a The Town of Po eepsie is currently the most populo lity in Dutchess County, with ,533 r nts according to the lat%gsu ' Bureau h ates (2003). The Town originally develo ' 1, s a suburb of the of Poughkeepsie, andtidally outgre . Moii6 the Town's o 'pulation growth odd ,76dfrom the 1940s through the 1960s, when opulation increased almost 0 percent fr Iout 13,500 to nearly while the of Poughkeepsie's ie ne ars, from 1970 to 2000, the Since the 2000 Census the Tovc"has been a riencing steady growth, increasing 4.2 percent between 2000and, 2003 With several residential development projects proposed in the Town, thi endi ..currently not"-- howing signs of slowing. IN ``Table 1 �9 . Town o - ough eepsie Population Projections Years 6000 2005 2010 2015 2020 2025 Population 41, " 43,449 44,568 45,940 48,343 50,552 Source: Estimates by Poughkeepsie-Dutchess County Transportation Council, with base county data from NYMTC forecasting program, 2003. 2000 base population from the U.S. Census Bureau. A recent buildout analysis commissioned by the Dutchess County Environmental Management Council shows that if the Town were to continue developing under the current zoning, an estimated 16,816 new housing units could ultimately result (see Table 2). At an average Town of Poughkeepsie household size of 2.57 people (Census 2000), this would amount to a population increase of 43,217. This increase would double the population of the Town to total of approximately 86,750 people. Page 24 Town Plan Public Review Draft August 22, 2007 Table 2 Town of Poughkeepsie Build -Out Analysis 2005 GIS Lab he most notable statistic is that er percentage of elementary and secondary school aged children. At the same time, the Town has a much greater percentage of college -aged residents, which can be explained by having three colleges within the Town. The Town has fewer residents in the 25- to 59 -year-old age range compared to the County, which indicates that the Town is losing many of its college-educated students after graduation. The Town also has a slightly higher percentage of older residents compared to the County overall. Page 25 Town Plan Public Review Draft August 22, 2007 Total Total Developed Primary Total Total Total Potential Zoning Existing Areas With Conservati Area of Area Under Buildable New Residential District Developed Subdivision on Areas Protected Conservation Land Residential Zoning Area (1) Area Potential (2) (acres) Lands (3) Easement (4) -20%(5) Building Districts acres acres acres acres AM acres acres Lots 6 R-45 1,731 606 496 383 4 0 926 851 R-20 5,071 3,116 2,746 770 919 �0 2,134 4,060 R-15 3,651 2,391 1,276 469 220 1,172 2,736 R-10 3,258 2,364 1,319 314 a_2 1,126 4,211 R M 683 485 465 66 83 30 368 4,303 R -MA 25 17 5 20 0� 18� 0 1 0 0 5 W2 36 9 R -NH 25 22 R -MH 176 157 157 54 1 0 A,;F 86 610 TOTALS 1--14761-9—r 9,157 1 6,483 2,073 1'Q 36 5,819 16,816' (1) Dependent on water/sewer availability. This' assumes no availa (2) Includes steep slopes >=20%, 100 -year floodpla- SDEC wetlan th-400-ft. buffers. State and Federal wetlands, waterbodies and streams were also consider e abate constrain ' development. (3) Protected lands may overlap with features in the pary Cor �4n areal. (4) Conservation easements may not., include the whole arc (5) -20% is the general allowancorrca� drainage, anher design accommodations. 6 Numbers reflect the mmappexlyresidenti' °, ;wild -out Potent aI GIS Lab he most notable statistic is that er percentage of elementary and secondary school aged children. At the same time, the Town has a much greater percentage of college -aged residents, which can be explained by having three colleges within the Town. The Town has fewer residents in the 25- to 59 -year-old age range compared to the County, which indicates that the Town is losing many of its college-educated students after graduation. The Town also has a slightly higher percentage of older residents compared to the County overall. Page 25 Town Plan Public Review Draft August 22, 2007 The Town also has a comparatively well-educated population. Over 87 percent of Town residents have at least a high school diploma, compared to 84 percent of County residents, and 31 percent of Town residents have a bachelor's degree or higher, compared to 28 percent of County residents. The Town has a relatively high median annual household income of $55,327, compared to Dutchess County at $53,086 and New York State at $43,393. Many Town residents commute outside the Town to work. In 2000, 45 percent of employed residents worked within the Town, while another 35 percent of employed residents worked outside of Town but within Dutchess County. The rest of the workers commuted outside of ft Dutchess County to work (see Table 4.) The average unemplo eri"` ate for the Town in 2004 was 4.2 percent, while Dutchess County was also 4.2 nt and New York State was 5.8 percent. Where Town of Place of Work Num Table Work Workers " ' I a Percent of Workers Town of Poughkeepsie %035"6 , . k JX 45.5 Ci of Pou hke si ?4 10.3% Town of East Fishkil ; 1, 5.3% Town of Fishki11 ; ° 82h 4.2% Town of W" appm ger F' 626 3.2% Town of Hyde FaiC ��, ,, 599 3.0% ElsewheLe. t, .l s A2 9.0% "Westc� : o.,. 1,217 6.1% AM Oranr� 624 3.1% ,,New York 597 3.0% Ulster Cdjj 476 2.4% Rest of Ne*ork State 577 3.0 ecti 258 1.3% Ne�.Vrey 52 0.3% Elsewhere outside NYS 84 0.4% Total 19,863 100.1% Source: U.S. Census Bureau Economic Base The Town of Poughkeepsie is considered the retail and employment center of the County. There were 32,026 people employed within the Town in 2000, accounting for 28 percent of all employment within Dutchess County (Census 2000). Many of Dutchess County's Page 26 Town Plan Public Review Draft August 22, 2007 lo•—+ ora Inrra+ark in +lip Tnxxm Page 27 Town Plan Public Review Draft August 22, 2007 Table 5 Employment by Industry (2000) Industry Town of Poughkeepsie residents Dutchess County residents Educational, Health and Social Services 30.3% 26.4% Manufacturing 15.0% 12.3% Retail Trade 11.0% 11.4% Professional, Scientific, Management, Administrative and Waste Mana ement ° 8.8 /° o a�. 9.1/o Arts, Entertainment Recreation Accommodation and Food Services 6.3 % 6 ,, 6.3 Public Administration 5.0% ' ' 5.5% Transportation, Warehousing and Utilities 4.9% , 4.9% Construction 4.6 ..-,, 14-, 6.8% Finance, Insurance and Real Estate 447"6/- " t 5.9% Other Services #18 % 46 %. Information % o' Wholesale Trade Agriculture, Forestry, Fishing and Hunting, Minim 0. V, 1.0 Source: U.S. Census Bureau Although the Town has a fairly diverse 0 substantial effect on the local economy.' when IBM downsized itstion from al ...�x ,:.:J protect the Town's economy from another major downsizing, it is important to continue to foster a diverse mix of employment opportunities. The Town should work with IBM to develop a district rezoning plan for their Poughkeepsie complex in order to intensify office, research and industrial uses and to attract a variety of high-quality jobs. This would also prevent the piecemeal selling off of smaller pieces of land for strip commercial and other uncoordinated development. Page 28 Town Plan Public Review Draft August 22, 2007 The Town recently established a Business Improvement District (BID) in the Arlington area. As a result, a nominal tax is assessed for properties within the BID. This money is used to support the purposes of the Arlington BID: to increase business, enhance the physical appearance and unique quality and character of the area, organize civic events, and reinforce Arlington as Poughkeepsie's Town Center. The Dutchess County Economic Development Corporation (DCEDC) is a public/private partnership whose primary goals include the retention and attraction of businesses and the development of tourism in Dutchess County. The DCEDC, which also includes the Dutchess County Tourism Promotton� K Agency, is a resourcelat cane. provide the followirig w t " G°l�e8e�}ewAv Arlington Business Improvement District ...;-; ■ Attract bus', ss and rnar`ket the area: -'and available buildings, and maintain an inv, �oryo es available for development or business purchase; ■ ist the Towne individual businesses with access to State or other go , rnmental deve ent programs, grants, financing, or other resources; ■ Provi a ncentives fa usin6ss development; and ■ Promo t urism ODDortun'ties available in the Town. The DCEDC alsoers the Poughkeepsie/Dutchess Empire Zone, which is a program that offerWtcredits and business incentives in order to encourage employment growth and attract new investment within the designated Empire Zone areas. The Town of Poughkeepsie has several properties within the Empire Zone, including the Arlington neighborhood, IBM, and the former Hudson River Psychiatric Center, and several others. The Town is in a good position to attract new businesses, with proximity and easy access to the NY Metropolitan Region, land available for commercial development, and compared with many other municipalities within Dutchess County and the region, an affordable housing stock, an educated population, good schools, a low crime rate, and an overall high quality of life. The Town's proximity to New York City, the economic and population hub of the region, places it in an excellent position to capitalize on this Page 29 Town Plan Public Review Draft August 22, 2007 resource. With over nine million people less than a two-hour train ride or drive from the Town, there should be vast potential for attracting businesses and increasing tourism in the area. Policy Recommendations 4.1 The Town should diversify its economic base by promoting a wide range of business and employment opportunities, rather than relying on any single sector of the economy. 4.2 Business attraction programs should focus on high job creation and the redevelopment of existing buildings, rather than p 1 onmg for additional retail outlets, which in many cases displace burin from ting nearby establishments. The 1990 Town Master Plan., results arist opinion poll indicate that residents believe that th' own already provi ple retail shopping opportunities and that job crgtn shouldocus on in re on -retail employment opportunities., k 4.3 Commercial and residential gr„wth should be focused in designated mixed-use centers in order to define and en commum. dentity, mutually reinforce adjacent businesses, provide of ed services” d'minfrastructure, minimize traffic impacts, and halt strip co erci men 4.4 Appropriate areal er-scale o e development and manufacturing uses should be locatted, whdik',ver possible,,"". or adjacent to centers, rather than widely separated at�ly dependent on vecle trips. 4.5 The T. I ldwork with 199, velop a district rezoning plan for their tnp�ex ottte 9 and;any surplus properties in the surrounding area, geared ward the int catiordf,,office, research, manufacturing, and other quality job dation uses wi attractive overall design and efficient transportation access. 4.6 The Taws should c, '' inue to work with the Dutchess County Economic DevelopCo ration to market the Town to new businesses, retain and enhance exis usinesses, promote tourism, and take advantage of the Empire Zone incenti 4.7 Tourist promotional efforts should feature the Town's historic landmarks, such as Locust Grove and adjacent sites in the South Road historic district and Vassar College and its art museum. Future trail linkages and bicycle lanes along the Hudson River Greenway Trail to the City of Poughkeepsie waterfront and Railroad Station and along the Dutchess Rail Trail will also benefit the Town's tourist potential. Page 30 Town Plan Public Review Draft August 22, 2007 4.8 Areas surrounding large institutions such as St. Francis Hospital and Vassar,. Marist, and Dutchess Community colleges, should be considered economic development opportunity areas for both related new business development and convenient, walkable service centers for the campus population and the substantial number of yearly visitors. 4.9 The Town should continue to work cooperatively with the Arlington Business Improvement District to improve the Arlington area as the Town Center and primary main street business district with coordinated marketing, shared parking, and upgraded landscaping and design standards. ,: 4.10 Given recent economic and technological changes, home occupations and telecommuting with standar neighborhood character, as well as locations in cer share services and grow into small businessesfabli 4.11 The Town Board should consider establishing an f committee that develops, monitors and carf 6,, out regularly to the Town Board. 4.12 All tax-exempt properties in thff strongly encouraged via Planmri lieu of taxes) agreements with tc municipalities upon proposal of such as i ects. Page 31 should encourage vent disruption of me occupations to and reports ls, colleges, etc. should be to I I ' I.L.O.T. (payment in ho3 , , etc. districts and dent and/or Town Plan Public Review Draft August 22, 2007 5. Housing According to the 2000 Census, the most recent date for which Town and County housing data are available, residential growth in the Town has lagged behind the County's overall growth rate. Between 1990 and 2000 the number of housing units in the Town grew by 760, a 5.5 percent increase. During the same time period, the number of units in the County increased 9. percent. Of the 14,177 occupied housing units in the Town, 70.9 percent were owner -occupied; slightly higher than the County's owner -occupied rate of 68.Cpe' The variety of housing unit types in the Town very closely reflects the housthe County overall, with nearly 70 percent single-family units, 26 perc ; mily units, and less than 4 percent mobile homes. WhileN,* ces have been sfor the past sethe affordusing in the Town is comparable to that of the rest of the ;County. According to data the Dutchess County Office of Real Property Tax, the median sales price of a single-family home in 2004 was $269,000 in the Town of Poughkeepsie, compared to $286,306 in all of Dutchess County. This is a 19 percent increase from the 2003 median sales price in the T bo of $226,341: A comparisor>� _ , edian ' me and sales prices further indicates that an increasing number of house , ds ar 'eing priced out of the housing market since wage increases cannot keep up wi '�, Ial sales price increases of 19 percent. Projecting the Town of Poughkeepsie's meds y household and family income (household being a single person or unrelated people, and family being people related by blood or marriage, living in one housing unit) from the 2000 Census using the December 2004 Consumer Price Index for the NY Metropolitan Area, the December 2004 median family income was an estimated $77,608 and the median household income was an estimated $65,704. Using these incomes, federal affordability standards and standard lending criteria, the median family could afford a $270,700 home and the median household could afford a $228,400 home. Both of these prices fall short of the December 2004 median sales price of $275,000, and the disparity will only increase if double-digit housing price increases continue and/or mortgage interest rates rise. Page 32 Town Pian Public Review Draft August 22, 2007 There is a similar affordability mismatch with rental housing. According to the 2000 Census, there were 4,345 renter households in the Town of Poughkeepsie. Sixty percent of these renter households in the Town made less than 80 percent of the median income and 58 percent of those households paid more that 30 percent of their income towards rent, the federal government's affordability standard. Dutchess County's 2004 Rental Housing Survey showed that the average rent for a one -bedroom apartment in an apartment complex in the Town was $897 and a two-bedroom was $1,028. Using the federal affordability standard, a household would need to make approximately $36,500 to afford a one -bedroom and $42,000 to afford a two-bedroom apartRent. This data indicates a need for moderately -priced owner-occ Town residents. The Marist Survey of Public Opinion, w indicates that a majority of Town residents feel there is a ed to housing in the community, with senior housing beinglhe"Tinost fi affordable housing. There are County, State and Federal Governmentppran development of moderately priced housing. There are als developers who specialize in the development of this type moderately -priced housing projects h'tnken place in D developer, government agency, housin agency and local partnership to develop this needed resource wl 4W& the s neighborhoods.` Policy and rental housing for iscussed in Chapter 1, more affordable tune of to assi#with the and for-vrofit housing. Several successful :less County with the liic�pality working in ,dine enhancing existing 5.1 The Tawnshould continue to''proriiote equal housing laws and ensure that all housing meets public health, safety and zoning codes. 5.2 ' The, Town should encourage local zoning strategies that promote the development of housing appropriate in size, location, type, accessibility and cost for a wide variety of,household and work with developers to pursue government and private funding sources. 5.3 The Town's centers should be the focus for any new moderate to higher density units, housing over or adjacent to storefronts and housing for seniors, to alleviate dependency on the automobile and reinforce the traditional community center land use pattern. 5.4 The Town should encourage cluster or conservation development for any residential development that takes place outside of designated centers. Page 33 Town Plan Public Review Draft August 22, 2007 5.5 The Town should implement architectural standards for residential neighborhoods to maintain consistency with the existing character of the neighborhood. 5.6 The Town should encourage moderately priced housing and consider a 10 percent set-aside in designated centers. The Town Board should also implement a local law authorizing the Town Board to grant 10% bonus densities to encourage attainment of housing goals such as moderately -priced housing, etc. 5.7 The Town should continue to allow accessory apartments that meet the standards of compatibility with the existing structure and the surrounding neighborhood. 5.8 Zoning standards should be E such as large older homes or 5.9 The Town of existing structures, residential or mixed uses. to grade mobile home parks. 5.10 The Town shouTd us dens' s allowed by Town Code for the Page 34 Town Plan Public Review Draft August 22, 2007 6. Transportation Roads The Town's roads and rights-of-way are actually prominent public spaces, the means by which residents travel throughout and visualize their community. Roadways are also the areas where the Town can most directly control its future character but implementing the Greenway principles to improve their appearance and efficiency. The primary road pattern in the Town reflects the historical significance of the City of Poughkeepsie as a regional center for economic activity. Most of the major state"'-ounty roads that pass through the Town travel into the City. As development began.ft g `out from the City around the 1950s, growth increased beyond the City's bo4,w" i in the form of housing 0 01461 i developments, retail and commercial establishments and4naJor oyers. The abundance of land available in the Town and conventional zoning o a much less compact, suburban growth pattern. As a result, the private automobile" a and remains the exclusive mode of daily travel for most Townxesidents. a _01P to the 2000 Census, f all Town residents who are employed, more than 85 percent reported traveling to work by car, wth`76 percent driving alone and the rest car-pooling. Less than four percent use public transportation, while 8.7 percent walk to work. That is a relatively high proportion compared to the County overall, where only 3.9 percent of workers walk to their jobs. The average commute time for Town residents is 24.8 amg minutes, compared to the T"'V" ge for all County workers of 29.8 minutes. Only 1. percent of em toyed residents work from home, compared to 3.2 percent of all workers in the County. The primary regiona f&idway that passes through the Town is US Route 9, which runs north/south and carni nearly 50,000 vehicles per day. The primary east/west routes are US Routes 44 and 55, which also carry a significant volume of traffic. Several other major State, County and local roads service the Town and the many large employment and retail centers within the Town. Traffic counts conducted by the New York State Department of Transportation (NYSDOT) and the Dutchess County Department of Public Works (DPW) show that traffic volumes in the Town have increased or decreased over time for different roads. Page 35 Town Plan Public Review Draft August 22, 2007 Table 6 Selected Average Daily Traffic Volumes Road Traffic Volume and Year Route 9 Spackenkill Rd. to Beechwood 994) (199) 49,000 (2000) Ave. Route 9 22,600 33,100 32,000 (2002) Delafield St. to North Rd. (1996) (1999) Route 44 16,900 18,4 Rt. 55 to DeGarmo Rd. (1993) (1 17,700 (2002) Route 55 20,700 ,600'J. 64,700 (2001) Rt. 44 to Overlook Rd. (1992) P s, Route 376 17,500` -16,200 1 2002) Raymond Ave. 199 1999 Vassar Rd. (CR 77) 1183 1 , Spring Rd. to Jackson Rd. : , 20 0 Spackenkill Rd. (NYS 113) 4, ,55 n/a 21,290 (2001) Rt. 9 to Wilbur Blvd. 1998 Salt Point Tpk. (NYS 115) n/a 8,69 °&,,000) 9,621 Smith St. to Bedell Rd.2003 Innis Ave. (CR 75) 13,2 ,: '` 15,785 (2003) Jackman Dr. to De Laval Pl. 200 Source: NYSDOT and Poughkeepsie- hem ou ortation Council Residents and og TowWoadways ro ely complain about traffic congestion, especially on Route 9. is tion was i it'fled as a problem by most residents polled in the Mans Colle pinion, and most felt that more attention needs to b&,'i4X m rove ads. Whe asked about the best way to solve traffic roble`� the answcrrnosr ofte en as to increase public transportation, followed by buildii new roads to bd ; corm eijahborhoods. Both the NYSDOT and the Dutchess County DPW have accident surveillance systems, which are used to momtor.accidents on their roadways. Locations with significant accident rates are itbttfie and investigated on a continuing basis. If necessary, a safety improvement project programmed to correct the condition. In addition, whenever a project is designed along a state highway, a safety screening or analysis is performed to determine if there are any safety problems within the project limits that should be corrected. The Governmental Accounting Standards Board (GASB) has issued new standards to require municipalities that have revenues of $10 million or more to assess the physical condition of their infrastructure (roads) in their financial statements by 2007. The Town is subject to this requirement. Page 36 Town Plan Public Review Draft August 22, 2007 Regional transportation issues are being addressed through the 2006-2010 Transportation Improvement Program (TIP). A joint effort between the Poughkeepsie Dutchess County Transportation Council (PDCTC), of which the Town Supervisor is a voting member, and the NYSDOT, the program outlines major transportation projects scheduled for the next five years. Major transportation projects include all federally funded highway, transit, and mobility projects as well as any significant projects funded by state, local, or special authority funds. Transit With rising gas prices and increasing road congestion, it is i constantly strive to improve access to public transportation. population cannot drive or chooses not to drive, many of w young people or those with low incomes. Transit also se ,1ery the Town 25 percent of the ,v commuters, elderly, %o . y vzsltors to the area, is16"pf a convenient, efficient mass can encourage tourism an', usiness crave the Townaud the l There are currently a n r of transit options within the To , ;,_ luding rail service and bus service. TRAK and the Metro - N 0 Railroad provide passenger rail service convenient to the Town. AMTRAK provides intercity service between New York City and Albany with s i} „the C + Po � ppsie and Rhinecliff. Since 1991, ridership from Table 7 Annual Weekday Ridership Statiolf - 1991 2000 % Change Poughkeepsie 40,200 59,274 47.5% Rhinecliff 79,200 180,029 127.3% Total 119,400 239,308 100.4% Source: AMTRAK Metro -North Railroad (MNR), a division of the Metropolitan Transportation Authority, is the nation's third largest commuter railroad. MNR provides commuter rail service to New York City, stopping at three Dutchess County railroad stations: the City of Poughkeepsie, New Hamburg in the Town of Poughkeepsie, and Beacon. Ridership on Page 37 Town Plan Public Review Draft August 22, 2007 MNR has been increasing significantly, putting additional traffic and parking pressure on communities around their railroad stations. Table 8 Metro -North Inbound (To NYC) Weekday Ridership Station 1990 2000 % Change Poughkeepsie 1,011 1,598 58.1% New Hamburg 507 799 57.6% Beacon 931 1,61 73.0% Total 2,449 4, 63.7% Source: Metro -North Railroad A" The City of Poughkeepsie Bus System and the Dutchess County LOOP B' em provide local and countywide bus service to the Ta� ThA I;"OOP offers �, _. day and commuter service along several major roads in the iov fa s well as service to the Metro- "i etro- ,.A : . North and AMTRAK stations, and S art Internation ort in Orange County. A Dial -A -Ride service is also available t citize ri bled persons in the Town. Private carriers also provide regular trans servi tche " Coun Adirondack P � ty. Trailways offers service � Newburgh t " stonMei' stop in Poughkeepsie. Arrow provides service betwed Waltz and Po eepsechaun Lines offers service from the Town of P,c�eepsi White Pla and runs the Newburgh -Beacon Shuttle. NYSDOT-sponsoredammuterit servicedudes the Dutchess-White Plains Express between Poughkesie ate Pla» , operated by Leprechaun Lines. Air Comxne air traffic isely sef✓ed by regional airports, including Stewart Internatio ort and lbany and New York City airports. The Dutchess County Airport provi harter a' avel service to the Poughkeepsie area, and is located just over the Town ghke " sie border in the Town of Wappinger. In 1990, the airport was classified by eral Aviation Administration as a "Commercial Service" airport, but in August 2001 s eduled passenger commercial service was terminated and the airport classification changed to "General Aviation". The proximity of the County airport to Stewart International Airport and New York City has limited the possibility of hosting a major carrier. However, national demand for charters has increased dramatically since September 11, 2001. The airport recently completed an update to their Airport Plan, which outlines the extent, type, and schedule of development needed to accommodate existing needs and future aviation demand at the airport out to the year 2020. The Plan indicates that additional growth in the General Aviation market is anticipated, and outlines a number of Page 38 Town Plan Public Review Draft August 22, 2007 recommendations to accommodate this growth. These include providing additional hangar and airplane tie -down space, a new General Aviation Welcome Center, and various runway improvements. Bicycle and Pedestrian Facilities Walking is the most economical form of transportation. As our awareness of the benefits of physical activity and the dramatic rise in childhood obesity increases, it becomes ever more important to provide safe and convenient places for the residents of the Town to walk, jog and bike. Encouraging alternatives to automobile travel for shorter trips can also help to alleviate traffic congestion and air quality problems 4psi 6e one-fourth of all trips in the U.S. are less than one mile from home, and short , trips are more polluting on a per -mile basis than longer trips. Several studies show:ha ability also increases property values, and that homebuyers are willing to pay aaremiu�=, homes in pedestrian -friendly communities (Source: Local Governmerlt Comm, on Center for Livable Communities). One of the primary goall" f this plan „y is to create pedestrian and bicycle- frleudly hamlet and neighborhood -' centers that nearby residents can walk or bike to, or that others can drive to basad ark their cars, and conveniently waaroirld. Another goal is to have path and sidewalk connections between schools, recreational areas and residential areas to allow children to safely walk to school and for all residents to have convenient access to recreational facilities while leaving their cars at home. Safe and inviting sidewalk connections (separated from traffic by planting strips with street trees) between transit stops and employment, commercial and residential areas could also facilitate and encourage more people to use public transportation. Greenway Connections promotes trails and walking and biking options throughout the document, and the Greenway Guide "Walkable Communities" has specific guidelines for sidewalks. Policy Recommendations 6.1 The Town should continue to implement the Greenway principles for streets and roadways, especially during the site plan review process, and incorporate these principles into the zoning law. Page 39 Town Plan Public Review Draft August 22, 2007 6.2 The Town should focus development and community services in designated mixed-use centers and require all new development to reduce auto - dependence and accommodate pedestrians and bicyclists by providing sidewalks, walkways through parking lots, crosswalks, bike racks and other 6.3 The Town should encourage alternatives to driving " by promoting employee - sponsored and privately arranged ride sharing an ` cre' use of commuter bus service with direct connections to the train statin Adds bus shelters should be added to stops to protect users d dement w w er and thus encourage more use. 6.4 The Town should work with the County a provide convenient, coordinated access to employers within the Town. asure that their`us systems eters and maj or Residenlial streets with large setbacks and no Narrower residential streets lined with trees provide street trees look so wide that they induce higher a pedestrian scale and sense of enclosure`to help speeds. slow traffic, 6.5 The Town should within neWMiNiv3sions and avoid cul de -sacs to provide more efficient traffic circulation and emergency response routes, require road connections between new adjacent subdivisions, and minimize vehicular access points to major roads. Page 40 Town Plan Public Review Draft August 22, 2007 6.6 The Town should promote the use of traffic calming measures, such as street trees, curb extensions, center islands, crosswalks and on -street parking, to control speeds on roads with pedestrian/bicycle traffic and where speeding has been identified as a problem. 6.7 The Town should revise its road and parking specifications to provide narrower street options for lower volume or traffic calming situations, promote street tree buffers and sidewalks, and significantly reduce impervious asphalt coverage. 6.8 The Town should continue to manage access onto all road iays by strictly limiting access points to one per parcel, unless a traffic analysis due conditions fully justify another curb cut, by limiting left -turns, and b g and consolidating driveways and interconnecting commercial sites r ccess connections between rear parking lots. Mho 6.9 The Town should require traffic impact analysis for projects th a#knerate more than 50 trips during any single peak hour.-- , N 6.10 The Town should prevent the further comn Point Turnpike, Van Wagner Road, Vassar primarily residential roadways %o tside of d traffic flow. V4111 _.. 6.11 The Town should consider an ea; the Town to heel �e��ate conge between Rout, ROuteG, Salt 6.12 The Town 6.1 of Routes 444 and 55, Salt ,nkill Road and other ters to maintain efficient the northern section of i a more efficient connection ;e and Van Wagner Road. sidewalks and/or marked d encourage safe pedestrian and bicycle to centers and recreation areas. cs or clearly marked shoulders for walkers and roads within the "no -busing" zones of schools walk or bike to school, and should require Li these areas for all new development. Page 41 Town Plan Public Review Draft August 22, 2007 7. Community Facilities Parks The Town of Poughkeepsie offers numerous parks, playgrounds, recreational facilities, and open spaces for residents and visitors, as indicated on Map 4 — Parks, Trails and Recreation. These amenities are also generally indicated on the Centers and Greenspace Plan. Although there are nearly 600 acres of designated parkland within the Town, not all residents have convenient access to it and many of the existing facilities could be improved. The Town could also benefit from a new conAders ational facility to accommodate a variety of sporting events. The Town Cthe Planning 1 Board to requireeither set aside parkland or payee based upon the number of lotswsidential Hill, a 157 -acre open border. The Towni orchard and devel pi Poughkeepsie Recrea Town contracts with_ private company for' Although th&r' e , are many parks and recreational facilities availabl'ta Tov residents, many oftdire in need of repair. An inventory of necessary repairs has been conducted and the Town has begun to address them. According to the Town of Poughkeepsie Recreation Department, there is a need to resurface various ball fields, and many of the developme posed. ney can be used for park recreation purpose uding the acqui ' f prop', There are 21 throughout the Town comprising a to 132 acres. A variety of 'es are offere ';:` ese parks, including ball etball Tshing ponds, natural S, pi c s, pl areas, shelters and tennis N co 00 , own also acquired Peach located o alt Point urnpike at the Hyde Park litating the vironmental cleanup of the former )en the park Iassive recreation. The Town of #nage 1 of the Town -owned parks, and the Page 42 Town Plan Public Review Draft August 22, 2007 parks have courts (basketball, tennis, and/or hockey) which are also in need of repair. There is also the possibility of adding lighting at various parks. The provision of well -lit recreational facilities promotes a feeling of security for park visitors and protects the facilities from vandalism. A maintenance plan and a capital improvement plan for the parks would help the Town to budget for and schedule necessary maintenance and desired improvements. to develop a Hudson Riverfront park which will include a non - motorized boat launch and deep- water bulkhead, picnic and fishing areas, public restrooms, a use playground, upland par-ld anc eventually, a commut� meetin froom and are slated to be phase ..' wover aree-year y Trail. Quiet Cove improvements th public access available in 2006. Longview Park, a public/private initiative involving Marist College and the City and Town of Poughkeepsie, is currently under development. The park is located on six acres of Hudson Riverfront property, with four acres owned by Marist and the remaining two acres jointly owned by the City and Town as part of their joint water treatment plant facilities. Marist College will be responsible for all funding and management of the park Page 43 Town Plan Public Review Draft August 22, 2007 facilities. This project will create public access and promote the use of the Hudson River as a recreational resource, with a Greenway Trail for walking and biking along the waterfront, picnicking, fishing, non -motorized boating activities including kayaking and sailing, and competitive rowing opportunities for rowers. The Vassar College Farm is a large open space parcel with community gardens, open fields and hiking trails, which are open to the public. In addition, many of the public schools have playgrounds, courts and ball fields that are used by school children as well as the general public. Trails In recent years, trails for walking, jogging and biking hav(,, increasingly desirable amenities. Separated from traffic, trails provide a safe anas ce for people to exercise, experience nature, or travel from one place to anr. Stu Iso indicate proximity to trails significantly increases land values Numerous fundiri urces are available on a competitive basis for the creation trails.,. Several parks within the Town con small trail systems. The Wappinger Greenway T` tends from Bowdoin Park into the Village of Wappi ' 411s. There are also a number of trail projects opos within the Town, as shown on the Centers Ind . `gr a V Greenspace Plan. The Coed May ok Corridor, an abandoned rail lmehich passe through the Town from College Hill to t Manchesterridge, is slated for develonmentas a rd6feational " Efforts; establish a c uous 'Huxlson River Greenway Trail also continue. The City of Pou ie constructe wate rn trail at Waryas Park, and has plans to extend this trail no south to the h wn of Poughkeepsie borders. This trail will then continue north through= Town vi a Vassar College Boathouse property, Longview Park and g g£ Quiet Cove Rlv ` ont P 'To the south, the Town is working with the State and other stakeholders to ex "Greenway Trail via the Poughkeepsie Heritage Trail, which would link a number o historic sites south of the City of Poughkeepsie. One of these sites, Locust Grove, recently added a 3.2 mile trail loop to the State's designated Greenway trail system. As opportunities are presented, this trail should be extended further south to link up with the Wappinger Greenway Trail. There are a number of potential trail projects in the Town. An abandoned rail spur splits off from the Maybrook line at Morgan Lake, passes Peach Hill, and continues into the Town of Hyde Park and on to Pleasant Valley where it meets West Road Elementary School and the adjacent Redl Park. This potential trail would be very convenient to the Page 44 Town Plan Public Review Draft August 22, 2007 residents of this area and would greatly improve access to Peach Hill, as well as provide a link to adjacent communities. Another potential trail location exists along the Central Hudson Utility Corridor in the northern part of the Town. This corridor extends from the rail spur that runs through Marist College to the east. The development of this trail would provide access to the Hudson River Psychiatric Center property and Quiet Cove Park, Violet Avenue School, Dutchess Community College, the Fallkill Creek, Peach Hill, and joins the above- mentioned abandoned rail spur. Efforts should be made to obtain property or easements along the—%` %appinger Creek, Fallkill Creek and Casperkill Creek to establish Greenway Tras`�s along these waterways. Much of this land is within the federally designated floodpldiriQbr floodway, and therefore is not typically suitable for development. , Recreation A good variety of recreational programs within a e3 , umty:isyconsidered a.positive quality of life factor for all residents. The Town of Pouheepsle's Recreation Department sponsors a variety of recreational program year-round, ranging from "free playtime" to sports clinics to social or��zaattions. Particip on in these programs spans all age groups from age groups from 5 arx � senior citizen"'Aftaddition to Town - sponsored programs, many recreational program ing Town residents are sponsored through private organizations. These progrms,are p focused on sports and active recreation. While man :;tom.= . ,organizatio , require a„ ea ly membership fee, there are also organizations 'to the a C. Other recreational facilities available in the Town include several golf courses: McCann Golf Course, owned by the City of Poughkeepsie, and two private courses that are open to the public: Casperkill Country Club and the Vassar College Golf Course. Another course, the Dutchess Golf and Country Club, is open to club members only. These courses are an important component of the Town's recreational resources, and the Town could consider a variety of land use regulations that could be adopted into the Town Code to help ensure that they are preserved. The construction of the Hudson River Boathouse, just south of Marist College has been recently completed. The boathouse will provide modern facilities for high school and community rowing programs, and includes storage for all equipment, a repair bay, indoor Page 45 Town Plan Public Review Draft August 22, 2007 tanks and training areas, locker rooms and showers, conference areas, docks and parking. It is hoped that this facility will help to re-establ-ish the Poughkeepsie area as a world- class rowing center. The sport of rowing has shared a long history with Poughkeepsie, which was the home to the annual Inter -Collegiate Regatta from 1895 to 1949. When the Intercollegiate Rowing Association relocated elsewhere, the Mid -Hudson Rowing Association was chartered. Faced with limited space, Poughkeepsie entered into an agreement with Marist College in 1977 to allow Marist to obtain title to the Cornell Boathouse and surrounding land with the provision that they allow the high schools to row out of the boathouse until 2002. The Hudson River Rowing Association (HRRA) was various rowing programs in the region. The HRRA of programs for high school students, adult learn -to -row ensuing loss of rowing facilities in 2002 combined school programs led the HRRA to enter into ne ati boathouse serving local rowing programs and en Water The Town of Poughkeepsie operates alftwwide water 6 Currently the total a dail pumpage at the plant is E rale 1998 to organize the of off-season rowing ompel rograms. The �milar space tations for high to construct a' urge community ;nt and distribution system Hudson River, approximately one-half 2004 estimates, the Town peak summer months when i significantly higher. q Intake Y IF 9" 544,L d t ,r metered usage of the plan godicate that there is some leakage e system. However the exte end location of the leaage has riot been identified. Otherwise, the"Water distribution system appears to be in good condition, with no other known Clean water is among everyone's top concerns. or anticipated problems. The Town has three wells for backup purposes. These wells are located on a wellfield near Wappinger Creek, south of Degarmo Road and have a capacity of 1.7 MGD. The Town also has storage tanks with a combined capacity of 10.5 million gallons. Page 46 Town Plan Public Review Draft August 22, 2007 Sewer Sanitary sewer serves most developed areas of the Town of Poughkeepsie. The Town does not have a unified system, but rather three principal systems with 27 separate sanitary sewer districts, varying greatly in size. The majority of these districts provide only collection. Four separate wastewater treatment plants handle treatment: City of Poughkeepsie, Arlington, Tri -Municipal, and Country Club Estates. As shown on the Municipal Sewer Map, sewer service does not exist in the eastern portion of the Town as well as pockets in the central portion of th&wn and the New Hamburg area. Service extension would facilitate the future deveent of vacant land as well as the replacement of failing residential septic syste Sewer services are generally most economical when planed on a*wainage basin basis to take advantage of gravity flow. In addition, large treatment plants typftly achieve higher levels of treatment and exert less of an impact on the discharge AIder bodies. There may be opportunities for economies of scale by working with adjoirt. fe �., municipalities such as Hyde Park or Pleasant Valley on future service extensions. The Town engaged Morris Associates in 1996 to develop an overallsewer service plan. This plan should be reviewed and updated as required in order to function as a guide for future service extensions. Hospitals The Town has excellent, access to two major hospitals: Saint Francis Hospital in the Town of Poughkeepsie, and Vassar Brothers Medical Center in the City of Poughkeepsie, as shown on Map 5= Emergency Services. From anywhere in the Town, normal driving time to a hospital is less than 2d minutes. Due to the proximity to two hospitals, there is also a concentr*oof var"medicai professionals in the Poughkeepsie area. Page 47 Town Plan Public Review Draft August 22, 2007 Vassar Brothers Medical Center in the City of Poughkeepsie is a 365 -bed facility with Centers of Excellence in cardiac services, cancer care and women and children's health services. As a regional medical center, Vassar houses the area's only cardiothoracic surgery center between Westchester and Albany. Vassar has a state-of-the-art birthing center that delivers more babies than any other hospital between Manhattan and Montreal. Vassar Brothers has the only level 3 Neonatal Intensive Care Unit in the Mid - Hudson Valley and the only dedicated Pediatric Unit. The Dyson Center for Cancer Care provides infusion therapy, radiation therapy, stereotactic radiosurgery, pet therapy and a wide variety of support groups. The Medical Center houses the Center for Advanced Surgery, one of the most sophisticated operating rooms in the wor and one of only a handful in the United States. The Medical Center is now treatin "' mo. re than ever in its newly renovated Emergency Room. Police The Town is served by three law enforcement a Police Department, the Dutchess County She ' - Of Although all three agencies share jurisdiction in Department is the only law enforcement agency tha Department responds to and investiges over 30,000 The Town of Poughkeepsie Police Dep County "911" Emergency Response Cen agencies. All "911" calls for service with County "E911" Center "one but of Poughkeepsie Diu ch Ce which The Department is sworn full-time no; civilian stiff ineiinb"e Patrol and Detective specialized units consisting of Juvenile, Tc entification ante= Records, SWAT Crisis Negotiation UnitTraffic, ,PARE School Resource Of cerg"Crime Prevention, K9, and computer and Technical Division. a Town of Poughkeepsie d the New Yortte Police. atrols the Town. The service per year. with the Dutchess chess ounty Law Enforcement ived through the Dutchess call is transferred to the Town all calls for service within the Town. The Town of Poughkeepsie Police"`"�'''�; F£ F cover approximately 150 miles of roadway and safeguard a resident population of more than 43,000 citizens. They cover four public school districts, plus six private schools and three colleges within the Town: Dutchess Community College, Vassar College and Marist College. These colleges house a total population of approximately 18,361 students and staff. The Department also provides services to numerous major industrial and commercial sites. Page 48 Town Plan Public Review Draft August 22, 2007 Fire and Ambulance The Town is divided into three fire districts: the Fairview Fire District, the Arlington Fire District, and the New Hamburg Fire District. The Fairview Fire District handles all calls in the Fairview neighborhood area in the northwestern corner of the Town. The Arlington Fire District, which is further divided into four stations, handles all calls in the Rochdale, Arlington, and Red Oaks Mill/Spackenkill neighborhoods as well as the Route 9 corridor. The New Hamburg Fire District handles all calls in the southern part of the Town, including New Hamburg and Wappingers Falls. w, The Fairview Fire District has one station on Violet Avenue 1,700 annual calls. The company has use of two fire enginei ambulances, a complete set of hydraulic rescue equipmen a There is a substantial amount of property in this dist accounts for a significant percentage of the calls for the non -profits make donations to the fire district, t in the state. The sale and future development of the should help to relieve some of the burden on the tax xougnxeepsie, averaging ri61adder truck, two a low pressure air bags. tax exempt and which emergency service. While some of still has one of the highest fire taxes Judson River PsychiatricCenter a vein t district. The Arlington Fire District consists of se arate statiori5' the in Engine Company, which is the district headquat�c ��t�don Burne; oulevard, The Red Oaks Mill Fire Company on Vassar Road,;.the R e Fire Company on Route 44, and the Croft Corners Fire Company located AS SA,b enkill 111 There is no fire station located in the northeastern If of the Town between Rochdale and Fairview. The companies have a total of 8 fire engines, 2la' der trucks, 4 ambulances and 10 support vehicles. The district iiaxldles aroximately 4,004 calls annually. The New Ham— -g Fire Dista is ivi ed` into two stations; the New Hamburg Engine Company on Chadwill oad and the East End Engine Company #2 on Route 9D. The NM stations have li t tal 3 fire ergines, 1 ladder truck, 1 rescue vehicle and 1 Z,. service mak. The compacts handle approximately 500 calls annually. Each of thet�fjire distrl indicates there is a dire need for additional support. The number of voluritee-firefi Aters is steadily decreasing and the funds are not available to hire additional care" Rr fighters. Each district is handling its respective calls, but additional staff and volunteers would increase effectiveness and reduce time to respond to calls. There has been some discussion about possible mergers between the Fairview Fire District and the Arlington Fire District. Educational Resources The Town is fortunate to have an abundance of educational opportunities for its residents, including public and private schools, three colleges and a public library system. The Town's educational institutions, shown on Map 6 – Educational Resources, offer numerous benefits to the community. Eighteen percent of all employed Town residents Page 49 Town Plan Public Review Draft August 22, 2007 work in the field of education. Town residents have access to a multitude of opportunities for educational advancement, and many schools offer training programs cooperatively with local employers. Town residents have access to the many cultural and recreational opportunities provided by these institutions, and several have programs that encourage student involvement with community groups. These educational institutions also maintain a significant amount of recreational and open space within the Town, most of which is open to the general public for their enjoyment. Schools Residents of the Town of Poughkeepsie are served by four sep public school districts: Arlington, Spackenkill, Wappingers and Hyde Par a Spackenkill Union Free School District is the only district entirely within th a remaining three districts also serve other municipalities. As indicated by Table 7-I, student enrollment at each of these school districts has increased over the last five years. As enrollment increases, so does the pressure to accommodate more students within limited space. The Arlington Central School District has identified its first priority as addressing the lack of capacity at Arlington High School (located in th of is Wapping facilities. plan tc .address its growing student population, and the )istrict is proposing capital improvements at several of its Page 50 Town Plan Public Review Draft August 22, 2007 Table 9 Public School District Enrollment Trends School District Enrollment Change 1999-2000 2004-2005 Number Percent Arlington Central School District 9,270 10,173 903 9.7% Hyde Park Central School District 4,584 4,645 61 1.3% Spackenkill Union Free School District 1,751 1,831:: 80 4.6% Wappingers Central School District 11,408 12,312 - 904 7.9% Dutchess Community College (DCC) was founded in 1957 and offers a variety of associate's degrees. DCC is part of the State University of New York (SUNY) system, Page 51 Town Plan Public Review Draft August 22, 2007 and serves more than 25,000 students at a fraction of the cost of most private colleges. DCC has completed a College Master Plan which identifies the need for renovations of several existing buildings. Public Libraries The Town of Poughkeepsie is served by the Poughkeepsie Public Library District (PPLD), and members have access to all of the 22 libraries within the system. There is one branch location in the Town, the Arlington Branch Library, located on Haight Avenue. Other library branches are also convenient to the Town of Poughkeepsie, including Adriance Memorial Library in the City of Poughkeepsk; which is the main branch of the MHLS. The MHLS has identified the need Wto.... and the Arlington Branch Library and over the past several years has been conduct sea h for a new location. Libraries are important public facilities which should be i onvem I Itto a majority of the population and should be located so as to reinforced wnCenter:. ,. Policy Recommendations 7.1 7.2 7.3 7.4 The Town should develop a intenance plan 11 1 1dress necessary park repairs, and a capital improvement pl 1 budget for' schedule more significant park improvements. The Town explore n ' brrhood-based programs such as the Adopt -a -Park progr t e nein orhood pride, protection, and upkeep of local parte To s ge "No Net Loss" of recreation facilities o diminution o reationa cilities in Planning Board processes. r r The Town shoulcj evaluate a devel ent proposals, using the Centers and Greene flan, to determirl the proposals present an opportunity to Mededication r fhe 's rec e> conal or greenspace goals. This could be done through w pawn recreational fees, or strategically planning open spies during thea divisic �land site planning processes. The T""— should s oppo to d e c a C onsolidateSOhtionalefacility with sportss, possibly an indoor recreational center, and a senior citizens' center. The Town should work toward establishing an interconnected system of greenspaces and recreational sites through the use of trails, paths, bicycle lanes, and sidewalks, including the Page 52 Town Plan Public Review Draft August 22, 2007 conversion of the Maybrook Corridor into a pedestrian/bicycle trail and potential greenway trail corridors along the Town's major creek systems. 7.5 The Town should make the establishment of a continuous Hudson River Greenway Trail a high priority by working with stakeholders and adjacent municipalities to link properties or obtain easements along the Hudson River shoreline. 7.6 The Town should consider updating the 1996 Future Sewer Service Plan. 7.7 The Town should increase the tax base in the FairviewCelp i�strict by promoting the redevelopment or reuse of tax-exempt properties elieve the inordinately high burden on taxpayers in the dis 7.8 The Town should consider ways to attract 7.9 The Town should work with the school districts to location for new buildings, proximity 'to the "Town' primary consideration in order to provide convente population and to reinforce the Town's centersast activity. . �.. that a lesi ted cent ,� is a access to the majority of the core of neighborhood civic 7.12 & be Town sho&�bncourage the greater use of public school facilities for 06mmunityrecre cin and other events outside of regular school hours. 7.13 The should continue to work with Dutchess County and the Wappinger Greenw ail Committee in the development of Quiet Cove Riverfront Park, which sho Jude a Greenway Trail connection. Page 53 Town Plan Public Review Draft August 22, 2007 SECTION III CENTERS AND GREENSPACE PLAN The Centers and Greenspace Plan is intended to encourage new development in existing and potential emerging centers and protect nearby greenspace areas, consistent with the Town's desire to grow in accordance with Greenway principles. One of the primary policies of Greenway Connections is to "focus development more efficiently in and around traditional centers and avoid overdevelopment of the rural surroundings." This is the most effective, proactive way to combat sprawl and contain d"lown's infrastructure and maintenae costs. Conventional natural features, like show that residential are valued higgier extension's and more lona term- thus limit for local er."'ands, car walkable co 'mmercia and mined -use areas. zoning pr of the past allowed develo11=1 t to`° ad out into the co and wit separated h sing om stores : 'ob sites, ever-increng traffic dard subdivisions also and natural areas in great ct development within a center ces auto -dependence, ,es open space, and is easier to in harmony with important tracts of woodland. Studies rand other protected open space nearby development also creates far fewer road for the municipality to maintain over the i. And since over one-third of auto trips are by a significant percentage in well-planned, City neighborhoods; and,,, "centers, villages, and smaller hamlets surrounded by lower density suburban andrural countrysides are a traditional land use pattern in Dutchess County and the Hudson River Valley. Although much of the Town of Poughkeepsie has been filled in over the last few decades by suburban -scale residential development and linear commercial highway strips, there are still significant areas of greenspace left. The Centers and Greenspace Plan, if implemented through local land use decisions, will help protect the Town's remaining large areas of natural and undeveloped land and refocus new development opportunities in a more centered pattern that allows adjacent businesses to mutually reinforce each other. Page 54 Town Plan Public Review Draft August 22, 2007 The Centers and Greenspace Plan map identifies three essential settlement patterns that characterize the Town's landscape: large remaining greenspace parcels, existing and emerging centers, and intervening areas of suburban development. Greenspaces Identified greenspaces include the major natural and open areas in the Town that have not been developed, remaining agricultural land, parks, golf courses, historic estate properties, and substantial buffer lands. As critical landscapes for Poughkeepsie's future character, these greenspaces reflect not only the beauty of the JIf vidual parcels, but also the underlying natural systems that link these areas togeth u., eam corridors, wetlands, woodlands, and steep slopes are usually interconnected.,", ese ccWiuluous natural ft syst A.,allow open land to still floough certain NONE, 2m,"I'Alma significan soct ons of the Town. By pe ' . ing Wildlife to travel freely, limiting stream bank erosion and siltation, c rging groundwater, leaving room for floodwaters to be stored, they help preserve the natural environment on which all communities and land uses depend. A widely held assumption, ase on past trends and �NO ae along J/an Watn R� � ;� current zoning designations, is that every cel will eve ally be transformed into a new residential or commercial developabfe use. Instead, lVL,Wuse pracir es can allow a healthy level of development in the Town without destroyiii-,J a natal and open characteristics of the landscape. Many local governments, not -for fhbfit groups and individuals in the Hudson Valley have been taking steps to preserve remaining greenspaces through targeted zoning regulations, cooperative easement agreements, conservation development alternatives, purchase of development rights, and transfer of development rights into growth centers. Key Greenway principles for the remaining rural areas include: 1. Protect farmlands and farm soils through cluster subdivision, conservation development techniques, and coordinated efforts to support agricultural operations; and Page 55 Town Plan Public Review Draft August 22, 2007 2. Maintain the open, rural character of the landscape, protecting critical environmental areas and preventing strip commercial or residential development lining the roadways; and 3. Scatter new buildings in tree lines or group in hamlet -forms, retaining more than half of the land as part of interconnected open space systems. Greenway Guides A1, A2 and A4, "Fitting into the Landscape," "Preventing Strip Subdivisions," and Saving Farmland with Development," describe techniques that allow some development to occur in greenspace areas, while being sensitive to natural resources and open land. Other guides focus on natural resourceKoction, such as "Connected Habitats," "Stream Corridor Protection," or"Weld Aquifer Protection." Certain pro s in the Tcan be designated for high priority protection based on the following crit • Remaining f"� .,, and uses or agricultural soils; • Gateway or greenbelt locations around centers; • Unprotected important natural features or habitat; • Historic landscapes or settings for historic structures; or • Significant views (Catskills, Hudson River, multiple fields). The Conservation Advisory Commission for the Town of Poughkeepsie is developing a list of properties that should be considered for preservation and purchase. The largest section of remaining rural landscape is in northern Poughkeepsie, around Bedell and Van Wagner Roads. This area contains most of the Town's remaining open fields and contiguous undeveloped land, major wetlands, and steep slopes around Peach Hill. This Page 56 Town Plan Public Review Draft August 22, 2007 section is currently zoned for 45,000 square foot lots (approximately one acre per unit) with substantially higher density bonuses if sewer lines are extended into the area. In order to prevent suburban sprawl into the last rural section, the Town should designate this primary greenspace area for low density zoning in the three to five acres per unit range, with Planning Board discretion to require clustering that preserves a majority of land as open space and protects natural features and rural road characteristics. New development in the northern section of Poughkeepsie should instead be focused around the existing and potential centers in Fairview (including the former Hudson River Psychiatric Center campus), the lands to the east of the former Alfa -Laval industrial property and the existing commercial properties at Rochdale Road,, and the emerging center at Salt Point Turnpike and Bedell Road. The second major area of contiguous greenspace in the T wn ism the southwest section, including the buffer areas around the Trap Rockqu , ` owdom park, Mt. Alvernia, and the Audubon Preserve along the Wappinger Creek ost of this property seems unlikely to be developed in the future, but should still be ., rntained as greensp'a' fflwith an underlying zoning similar to that recommended !& the three to five acre B el Van Wagner Road area.`' i'roteA:Pa ct 5iret3rn cprr3dr rs should inr_hide large tries near the stream's edge to shade the a inter, maintaining dissolved-myger fish habitats, Property on Spackenkill Road, the Vassar Farm area, and the undeveloped land to the east and south of the Casperkill Golf Course and including the golf course. These areas are largely surrounded by developed properties, but serve as important natural landscapes and greenbelt edges for the neighborhoods. They should also receive lower density designations in the one to three acres per unit range, subject to clustering and other techniques to maintain a high percentage of permanent greenspace and to protect natural Page 57 Town Plan Public Review Draft August 22, 2007 features. In particular, Locust Grove, the Vassar Farm, and the Casperkill Golf Course and the nearby baseball fields are highly valued as community recreation and open space uses and should be preserved. The Casper Creek basin connects many of these central greenspace areas, from the Bedell Road area in the north, through Vassar College and the Vassar Farm, the Casperkill Country Club, and south through the quarry property into the Hudson. Restoring Casper Creek as a natural system along its entire length should be one of the long-term goals and benefits of protecting major greenspace parcels in the Town. Centers Centers are the traditional focal points for comm as to what constitutes a center. In fact, virtually may be appropriate provided they do not adverse traditional retail, office, cultural, and entertairilnE range in size from small hamlets like New Harm and to the City of Poughkeepsie, an urban center Town of Poughkeepsie all the centers more v Arlington functions as the Town Cent rr I surrounded by a close-knit variety of ne bor scale shopping opportunities, and institutlnal art schools, state offices, the Town Hall and Post; JI locations considered potcritialty�emerging comer clusters of shopping` plazas alongRoute 9 and R( development and the creation of-,: connections to; hamlet centers in, Red Oaks Mill;'Afid,Rochdale Salt Point T4mp 6'/Bedell Road that canoe con, site Dlann ne and sidA� confij6 ions. Key Greeriway principles`fiok, Centers are: try life_ There is Mu hard and fast rule 3 s r residential and not residential uses infringe on other used>dmvnish the functioh of the center. Centers can to villages like Wappingers Falls 6 riultiple neighborhoods. In the age scale, rather than city -scale. of smaller main street -type stores .ousing, an "attached area with larger- hke Vassar College, public t6 Town also has multiple rticularly the larger concentrated 44 with room for infill commercial by housing. There are also smaller 3, as well as an emerging area along fated into a center form with careful 1. Focus 'deyelopment within walking distance of a central core or neighborhood center to e ouraalternatives to the car and efficient use of land; a, 2. Encourage ae of uses with prominent central locations for civic structures, such as post offices and municipal buildings; and 3. Identify priority growth areas, both infill redevelopment sites and growth areas that will strengthen existing centers or establish new centers. Centers work best when they are compact and support a mixture of commercial uses within a reasonable walking distance, measured by the human scale of a five- to ten- minute walk. The 1/4 -mile radius defines the commercial core, designed to get people out of their cars to walk around the central business area. Thus, the commercial frontage along the central road should be firmly limited to 'h -mile total length in designated centers. Beyond that, the center starts to become a strictly auto -oriented strip. The Page 58 Town Plan Public Review Draft August 22, 2007 concentric 1/2 -mile radius or ten-minute walk defines the surrounding residential neighborhood, where residents will likely walk from the edge to the center and back. In some cases the outer walkable area can also contain larger scale uses, such as offices, research facilities, and schools. The street and building designs must foster a balance between walking and driving, still convenient for cars, but encouraging pedestrian access as well. Proposals for Centers should be based on the Greenway Guides and the following specific guidelines for traditional neighborhood development: • Designed to park once and walk around. Centers shoo Ife compact and pedestrian friendly with the core mix of commercial ui „generally within a 1/4 - mile walking radius of the center and the surrounding residential area generally within a 1/2 -mile radius. • Buildings brought up to the sidewalk and street. Short fronfi backs reinforce the sidewalk system, making walking more convenient and storeft is xr ore visible. • Two or more story buildings with a mix of uses . Multi -story buildings help shape the space of the street and""allow an active mlxiure of uses in the core, with offices above restaurants, shops,.and service busmesses;'sometimes mixed with residential units above the dominant commercial uses. • Central greens and centerpiece civic buildings-. Civic uses and parks or squares should be centrally located in prominent positions to promote community identity and public interaction. • Interconn ted street system for easier access. A network of connected streets and small b18 �w,create shorter walking distances and help diffuse traffic. Niirow, tree -lined streets: "Human scale streets with an enclosing canopy of tree's effectively maintain even traffic flow, but at a speed that is safer for walke d more comfortable for shopping. • On -street parlkitg and shared parking lots to the rear. Parking is most efficient whshared between nearby uses, both on -street for convenient access and to protect sidewalks and in lots toward the rear, screened by buildings and landscaping. • Multiple housing options within walking distance. Complete neighborhoods have a diverse range of dwelling types, such as single-family and two-family houses, attached townhouses, live/work units, condominiums and apartments in the areas in proximity to the core. Page 59 Town Plan Public Review Draft August 22, 2007 • Protection of important natural and historic features. Site designs should take advantage of existing historic structures, stone walls, and natural elements such as regulated wetlands and mature trees, to form a sense of place, greenway connections, and a rural edge. The Centers and Greenspace Plan is designed to concentrate new development opportunities in compact layouts with a mix of retail, restaurants, offices, civic uses and, in specific centers housing, from the midpoint of the core to its edge. In those centers identified as appropriate for mixed residential and commercial uses a mix of uses can provide housing diversity for different ages and incomes, while protecting communities and business people against downturns in any one segment of ket. Seniors can "age in place" by moving to smaller, low -maintenance hous es in the same neighborhood, while compact unit design would provideariety of housing opportunities for young singles and married couples. onact cei, will also protect natural features, especially in the surrounding resid districts andreenspace areas, and promote walking, biking, and transit alterna ' s, rather than the typ"ikW traffic - producing sprawl patterns. Traffic calming, b' es, sid alks, and cross' *mss will all foster a safer street environment in the centers, w llo vehicles to flew more smoothly at higher speeds in the sections between c Consolidating new commercial development in the cent will driveways along the primary state hig subdivisions along outlying roads. In th residential and commercial development, u Arlington Town Center, the Salt Point Ce density residential pot e tively repld, areas and preserves, - greens areas by density within th ce Arlington Town Center The Arlington area centered around Raymond Avenue and reaching east along Main Street and along Haight Avenue (Route 44/55), has all the Page 60 Town Plan Public Review Draft August 22, 2007 components of a traditional Town Center: historic buildings, civic uses like the Town Hall, Firehouse, Library, Post Office, schools, and churches, major institutional anchors such as Vassar College and the state transportation offices, a mix of housing types, and the most pedestrian -oriented business district in the Town. Unfortunately, Arlington has been fragmented by over -scaled highways, automobile -oriented site plans, and lack of good pedestrian connections. The recent redesigning of a portion of Raymond Avenue along Vassar College provides the Town's best opportunity in decades to pull together a coordinated long-term vision for Arlington. The Raymond Avenue area between Vassar College and Main Street is the historic heart of Poughkeepsie's Town Center, by far the best place in Town to reinforce a walkable neighborhood and maiA street business district, integrated with the college and featuring smaller -scales ,.restaurants with outdoor dining, and into -the -evening activities. A pedestrl Jendly specialty shopping and entertainment district in Arlington has great potential" a. college students, neighborhood residents, and destination visitors from a r h wi x ea. But since Raymond Avenue was widened to four lanes in 1965, the business d s , .ct has slowly stagnated, not just from the impacts of through traffic, but also from th xdanpetition of outlying shopping centers compared to Arlington" Jimited room for newcgr awlh: To truly turn Raymond Avenue around, the Town, Vassar College, NYSDOT, ghborhood groups and other interested parties need to apply an integrated approach to all three of the following primary problem areas: 1. The arterial highway width a through traffic over sidewalk section north of Colle2eview, v uncomfortably traffic split as a central ; and fri in half, of Raymond Avenue favors activities. The existing four -lane trees or other amenities, is cers, and the four lanes south of lane switching. The dominance of than having Raymond Avenue serve lined boulevard approach to rebuilding Raymond the Arlington neighborhood, one that is balanced in favor of walking, biking, lowering vehicle speeds and promoting local businesses. The final design should fully accommodate auto access, but not treat peak hour through traffic as the main priority. The existing four -lane highway configuration, with long crosswalks and the hazardous Page 61 Town Plan Public Review Draft August 22, 2007 measures on Collegeview, Grand, and other side streets to discourage speeding through the entire neighborhood. 2. Vassar College has isolated itself from Arlington businesses by maintaining a wooded buffer between student circulation and the commercial district. Successful campus business districts — look at Princeton, for example, - offer close, visible frontages to make student -neighborhood interchange so convenient that it becomes part of daily routines. Right now, the central corner at Collegeview is only developed on the far side, while the southern Vassar -owned side of this main intersection is inactive space most of enter. Vassar should redesign its frontage to open direct access to Arlingtonourage more of its on -campus services to be fulfilled in the neighborho 3. The Arlington core neighborhood needs a stro er ba Sspac rcial and residential diversity to complement the college t the crlington has had little or no room to grow. A Prpjbct forPublic Spay of Arlington in 2000 pointed out that spe shopping districton generally require double the amount of th a asting a mmerco succeed. It is notenough to recycle businesses into the'"'Od number of existing small shops. New stores bring new ife and add a cn`ticmass of customers. The Town planning and zoning process s encourage mfif development in Arlington that is compatible with the exis orhood, b ' o provides a more diverse and energetic commerci ore "F ortumti for new buildings and businesses. The Town, City, County, DOT sar, the Hu' siness Improvement District, and neighborhood groupsh©uld coo; erste on a c dinated land use and transportation approach for a revitahzet rliown Cenfo that both expands the core Arlington . business district with new mixed-use buildings along the Vassar frontage and rebuilds Raymond Avenue as a pedestrian- and bicycle -friendly boulevard. The parallel parking along Raymond Avenue, both north and south of Collegeview, should be designated for short- term turnover spaces that support the business district. Parking can also be rearranged on Collegeview to provide safer, diagonal parking on the south Retieveap zpo e» side and parallel parking on the north side. Coordinated rear yard parking behind the Collegeview storefronts and the stores on the west side of Raymond Avenue would further ease parking concerns. Page 62 Town Plan Public Review Draft August 22, 2007 The Main Street section of Arlington is currently marred by too many auto -oriented uses to be pedestrian friendly, including car sales and repair, gas stations, billboards, and parking lots facing the street. The Town, working with the County, should upgrade the Main Street frontage with good sidewalks and crosswalks, street trees and shared access drives, wherever possible, to eliminate curb cuts. Revised zoning and site plan standards throughout the Arlington business center should also encourage new uses that feature quality storefront architecture, landscaping, and a mix of uses, not site plans arranged around asphalt frontages. Although not part of the identified Arlington Town Center, the large, half --empty shopping plaza site along Route 44 offers a timely opportumty io rebuild this 21 -acre property as a commercial complement to the mostly commercial eastern Arlington area. The Town should revise its standards for shopping centers 'to encourage a broader variety of business and mixed commercial use activities. Instead of the existing,one-story retail boxes surrounding an oversized parking lot, development plan for this area could include a mix of one and multi -story buildings, facing a street and including a sidewalk system connected to all three surrounding roads with parking located ,at the side and rear of the buildings and pedestrian walkways linking the lotswith Elie surrounding neighborhood. The Casperkill Creek, which has been relegated to a drainage ditch at the edge of the parking lot, could be restored as a natiffid element in the site Allan, perhaps combined with a central organizing green. Any larger flcoor':pIate stores or offices could still be integrated into the overall site plan without parking lots bec+�xung„ the dominant element. Emerging Centers A16h Emerging centers in the' development that can be This infill redevelopmen continuous Route 9 strip` traffic lights, confusing unattractive expanses of economic development 2 (underutilized malls, or c locations and acces6 tha isting concentrated areas of primarily commercial I into-rnore diverse, mixed-use centers over time. rategy9offers the best long-term cure for the almost th its'seemingly endless string of commercial driveways, ,etitiori :of overly large signs, bland building types, and empt parking lots. It is better for both the Town's .s environment to redevelop existing "greyfields" iercial plazas with lots of unused asphalt, but good central clear and pave over the last remaining "greenfields." Existing malls and shopping plazas, although they begin as clusters of strictly retail arrangements surrounding large parking lots with poor pedestrian connections to the nearby community, are still preferable to stand-alone strip stores because they concentrate development, share access and parking, and allow walking between mutually reinforcing businesses. But even in the current prosperous economy, many of the major commercial centers in the Town are experiencing significant vacancies, from the newer plaza across from Marist College in the north to the older plaza in east of Arlington and to the major mall in the southern part of Town. Page 63 Town Plan Public Review Draft August 22, 2007 Each of the two emerging centers identified along Route 9, the Fairview area north of the City, and the Crown Heights section share certain characteristics, but will require an individualized redevelopment strategy tailored to the current layout and the needs of the property owners and neighborhood. They each have existing infrastructure connections and access to a major arterial, zoning for intensive uses, and substantial room for redevelopment in vacant buildings, excess parking areas, or by rebuilding outdated sites and structures. These emerging centers also have nearby residential districts within walking distance that could be connected by sidewalk and street systems. The presence of these existing, high density residential developments adjacent to these emerging centers provide a unique opportunity to develop a successful cent concept that has a ready-made customer population. The Greenway Guide C-1, "Commercial Strip Red retrofit the strip, by improving traffic circulation, t sidewalks for more attractive and walkable places, redeveloping buildings with a multi -story mix of. should adopt zoning and design guidelines to Mop commercial use centers along Route 9 so that, wi commercial plazas can be redeveloped into higher retail strip uses between centers can b;d. gradually r gi Page 64 and other seven steps to , adding lg lots, and the e Town site iborhood centers, and older whenever possible. Town Plan Public Review Draft August 22, 2007 2. Consolidate entrances along the road to a few main driveways with internal service streets based on a block system to connect businesses in between; 3. Help unify the streetscape with continuous street trees, high quality landscaping, and, where possible, planted medians to prevent unlimited left hand turns; 4. Build sidewalks and crosswalks throughout the area to create connections to shared parking, public transportation, walking between stores and to nearby housing; ` I S. Fill in the fronts of large parking lots with small, closely spaced or attached storefronts to build a street frontage with courtyard parking behind; 6. With buildings up front, attractive architecture, wall signs and sidewalks can be featured along the frontage,. not parking lots and pole signs; 7. Encourage a mix of housing and other uses adjacent to the shopping to begin to build a walkable neighborhood rather than a strictly commercial driving district, Page 65 Town Plan Public Review Draft August 22, 2007 The long-term goal is to not only create more economically successful and connected centers, but to address the increasing traffic concerns along Route 9. Greenway Guide C- 2, "From Congestion to Circulation," proposON congestion: strictly limit access drives onto major interconnected secondary street systems, and mix alternatives to the automobile. Rout needs a cc transportation issues. Numerous in I mir not enough convenient rear connection surrounding residential areas, force too redevelopment of certain centers along solutions by consolida s point system, mixing mord-uses in c os r pro between centers. approach to tang traffic ads, d s Terse vehicles oif 1 es closer together to encourage din ,pproach to land use and cialdo a 'ays and traffic lights, and acent co rrircial sites and Roufe 9. The proposed me acilitate traffic and land use a seco 'dary street and sidewalk I allowing traffic to flow uninterrupted As an example of applying � , princi'pM an emerging center along Route 9, a design concept map depicting a sche link the commercial Fairview Center with surrounding residential and mixe properties has been included. The proposed large- . q � scale n"ked use redevelopment of \former Hudson River Psychiatric Center (HRPC), the creation of a County par on the waterfront land to the west, the recent development of the Mid -Hudson Plaza, and the ongoing construction of Marist College housing to the east of Route 9 make, this area ripe for coordinated planning as a designated commercial center. In particular, the main buildings and central grounds of the HRPC are a National Landmark Historic District, deserving historically sensitive redevelopment. But this beautiful historic property contains almost one million square feet of existing buildings, many in a serious state of disrepair. A mix of housing types with additional retail, office and service uses in a village -like on the HRPC property would create a walkable northern neighborhood to support the commercial Fairview Center, while generating enough revenue and tax base to support the successful restoration of many of the historic structures. The Fairview Center design concepts first suggest a Route 9-9G road connection through the HRPC property and a new north -south street along an abandoned rail line. These Page 66 Town Plan Public Review Draft August 22, 2007 interconnected secondary streets would provide alternative routes for existing and proposed traffic, diffusing flow in multiple directions rather than funneling all vehicles onto Route 9. Traffic calming techniques that protect sidewalks, shorten pedestrian crossing times, and keep traffic moving, but at a design speed of 30 miles per hour, should also be considered as part of an upcoming Route 9 corridor study sponsored by the Poughkeepsie-Dutchess County Transportation Council. The Fairview Center would be understood to include the Fairview Industrial Park. Consistent with Greenway principles and the emphasis on greenspaces in this plan, the design concepts recommend maintaining a permanent green frontage along Route 9 north of the Marist campus to the Hyde Park line. Pedestrian connec a promoted by a Hudson River Greenway Trail from the Quiet Cove Park sou ough the Marist campus into the City and a sidewalk extension along Rou park. Alternatives to the automobile are also stressed by closely integrating the ,propos velopment on the southern section of the HRPC property and the Marist East Campus ion along Fulton Street into a pedestrian -oriented, mixed-use center concept. Fulton Str64 long the southern edge of the Mid -Hudson Plaza should be developed as a tree -linen street center for Fairview, creating linkages to the residential neighborhood to theeast. The entire plaza should be retrofitted over time, using the Greenway Guides to build better pedestrian connections and landscaping for the large parking areas. Marist College has agreed to work with the Town, the Department of Transportation, and others to improve frontages along Route 9 and Fulton Street and:oonsider alternative long-term solutions for Route 9 crossings, including the option of a future nud block overpass between buildings set close to the road.' , Along Route 44 immediately 'east of and adjacent to the former DeLaval property is vacant land that is suitable to support a new mixed use center. This center, located at MacDonnell Heights, would straddle the north and the south sides of Route 44. It could support a variety of housing types and would ideally include a mix of neighborhood scale retail andommercial uses. The,MacDonnell Heights Center would utilize a compact design ff. r the commerIca and residential developments to preserve open space and to allow e` commercial us s to function as neighborhood businesses and not solely as an auto orieIA destination retail strip. Allowing high density residential development in what is otherwise a fairly 1©,w density rural area would ensure the long-term viability of the center by providing a sady customer base for the businesses that would locate there. The introduction oamied use center would also support the long-term reuse and rehabilitation of the IDeLaval industrial complex. Hamlet Centers The Town's smaller centers include New Hamburg, Red Oaks Mill, and Rochdale Road, as well as a potential emerging hamlet/center along Salt Point Turnpike. These hamlets might be smaller scale than the Arlington Town Center, Route 44, and the Route 9 centers, and consist of a compact commercial and mixed-use core area serving primarily local needs with a strong surrounding residential neighborhood. Page 67 Town Plan Public Review Draft August 22, 2007 New Hamburg, on the river at the southern tip of Poughkeepsie, is the most historically intact hamlet in Town and, except for the following two primary issues, should be preserved as close to its current condition as possible. First, the Metro -North parking lot has grown out of proportion to the hamlet, leading to serious traffic and visual problems. The Town should work with Metro -North to avoid any fiu-ther expansion of surface parking at this station, to limit commuter traffic as much as possible on hamlet streets, and to dramatically improve landscaping in and around the large parking lot. Second, the oil tank facility, located on a too - small parcel in the center of the hamlet without room for buffers, should eventually be removed to an industrial area with other tanks. This key waterfront parcel, or at least part of it, could then be considered as a small park , al river access. s; Mill also has a long istory, beautiful location along the"W" inger Creek, e�. and is an it commercial center for the p residential southe- ern section of town. The Town should implement zoning consistent existing low density suburban center and surrounding area. The center NervHamburg�5Stan 5 c13, zoning should be comprised of 1 story neighborhood businesses limited totte il o WLgs, serviceFand office/artistic/crafts work space. The residential areas surrounding th enter should :maintained as low density single family housing so as not to dls th' 'shed character of the neighborhood. The Town should encourage theyCoun d dish improved pedestrian and bicycle access for the surroundmgar e " o Red Oaks Mill by constructing bike paths and/or sidewalks on Vassar Roa -Space" =-Road, and Route 376. All new building and amendments to existing sitti� dans uId include upgrades to visual impacts of building facades, landscaping, sidewalks an`a"street trees as necessary and wherever possible, encourage visual and physical public access to the creek. Rochdale Road, originally home to mill operations along Wappinger Creek, now has a largely vacant landscape business and a commercial moving and storage business as its most prominent features. The surrounding residential neighborhood is strong and fairly compact, but the hamlet suffers from the lack of sidewalks, core commercial buildings, or any other sign that this place has a central identity. The Town could work with NYSDOT in the future to reduce the wide open highway appearance along this section of Route 44 and replace wide shoulders with planting strips, street trees, sidewalks and bike paths. Landscaping and trees along the frontages would soften the street views of parking lots and help to slow down speeding traffic. The former Herman's Nursery property and the Roe Moving property should also be targeted for small scale commercial development consistent with hamlet center guidelines. Lack of sewers and long-term Page 68 Town Plan Public Review Draft August 22, 2007 drainage and floodplain problems are issues that need to be addressed in any future development plans for this area and will continue to limit residential development and high density residential uses. The Town has experienced considerable growth along Salt Point Turnpike over the last decade around the small existing neighborhood business district. Rather than continue to spread development out into the remaining greenspaces around Bedell Road, this plan recommends zoning the land at the intersection of Salt Point and Bedell road for a mixed- use center with a commercial core, parking primarily screened behind the building lines, attached and small lot housing close -by to the rear, and an interconnected street and sidewalk system extending out into the existing neighborhood.., This is one of the best locations in the Town for a new compact hamlet center/townnter with a preserved greenbelt of surrounding natural and open land. Suburban Areas Suburbs are separated, single -use development areas outside of centers, su61 `strictly single-family subdivisions or highway business districts. , u urban residential projects tend to spread out on larger lots into the countryside w�egever land is available, while commercial zones line up in a strip fashion along arterial )& ways. Suburban land patterns are almost entirely reliant on for daily transporaton�.This overdependence on vehicles creates an unsustainable sub ban ccs adictlon —'how low-density development leads to high densities of traffic co�ntrl The appeal of "movm Lathe country" into outlying single-family subdivisions includes more space and pnvac However, with each new subdivision the countryside fades away, the surrounding bNo lana soon becomes, ineone else's back yard, and the demand for more spreatservicesforces uta local taxes. If the suburban real estate pitch is primarily more privaeach subsequent sale in the area defeats the purpose and devalues existing properties. IER the other hand, the central goal is creating community, mixed-use developmen` within a walkable scale can add new activities to the neighborhood and be a positive contribution to a stronger sense of community. The attractive aspects of suburban life, including larger single-family houses and access to parks and natural areas, can be satisfied without covering the countryside with house lots and clogging our roads with traffic. Key Greenway principles for existing Suburbs include: 1. Gradually connect separated subdivisions into neighborhoods through interconnecting streets and pathways; 2. Create focal points for community interaction (small commercial cluster, civic building, park or playground) within a 5- to 10 -minute walk of most houses to act as a neighborhood center; 3. Encourage retail strips to become mixed-use centers over time by limiting the length of the district and promoting infill to the rear and along the fronts of large parking areas. Page 69 Town Plan Public Review Draft August 22, 2007 The current Town of Poughkeepsie zoning map has many existing single-family suburban areas in an irregularly shaped maze of separate districts, based on minimum 10,000, 15,000, and 20,000 square foot lots. Subdivision streets are generally not connected, often forcing out-of-the-way travel routes for local traffic, as well as service and emergency vehicles. Rather than diffusing traffic into an interconnected network with more directional choices, winding streets and cul-de-sacs funnel all traffic onto a few collector routes, such as Spackenkill and Vassar roads, which soon become overloaded. The Town should use every opportunity to connect new streets M$rphibit dead-end streets, unless justified by unusual topographical conditions atural constraints. Certain higher priority street connections could be identif on better access for emergency vehicles or school buses. Any retrofit conne ns c ;combined with traffic calming measures to prevent speeding on locaUstree s. If exis house or lot locations prevent interconnections, rights-of-way fo paths can someti a secured to at least allow linkages for walking, especially, to.",.' earby parks or schools ' ,w subdivision and site plan proposals should include consideration of surrounds g parcels to create logical street and sidewalk connections and &preservation of contiguous natural areas.,,. This plan also recommends the consolidatio 20 districts to dramatically simplify the on neighborhood relationships, rather than tht combined single-familylesid6ial district i sizes as conforming, but require new lots to subdivision of existiriir`suburban uarcels oul mostly builtdut R-10, R-15, and R- and to emphasize larger rra, .5i ��contorted zoning districts. A nowedge the existing range of lot enough to discourage further esianated centers. The Town's multi family zones are also ixi iritistly scattered suburban locations, primarily approve&pph a prof ` It' -project basis. New attached and detached housing options should be mixed in aund ceiiiters� with close access to neighborhood stores, 7$� services, and public transportation, rather than in isolated projects, located in outlying 41111 multi -fa zones. Existing strip hiway buess districts between centers would be hopefully phased out over time as the mAOt adjusts to more integrated commercial centers with shared access and parking and a mix'of uses nearby. At the very least, no new strip zoning should be approved and existing highway business districts outside of designated centers should not be extended. Page 70 Town Pian Public Review Draft August 22, 2007 SECTION IV IMPLEMENTATION To be effective, the Poughkeepsie Town Plan must be a working document, continually consulted by municipal officials when carrying out various duties. It is not a static document; rather, it should reflect changing conditions. The policies contained in this Plan should be reviewed by a Town Board appointed committee at least every five years, and any amendments that are recommended should be incorporated following public participation and hearing. The entire Plan should be updated wi ten years of its adoption. The first step in implementing this Plan is for the Town recommendations for the future growth and improvemer Poughkeepsie Town Plan is adopted, there are many strr citizens can use to implement both long range policies a future action. Some of the primary mechanisms -that can goals are outlined in the following paragraphs R a Zoning Law The Town's zoning law contains the rul of what can be done within each zoning zoning districts. Zoning is designed to f Krd � Copt its ,f the f. Once the es that & 1°` wn and its specific recommendations for used to meet1A ' wn's the use11 .ulk, design and intensity zoning map delineates these ety and welfare of the public, and is the most commoxt, ; f carrying W' a community s comprehensive plan. Zoning also gives ommthe opportunity to organize and streamline the development proce`sisilb ie Zom ','Code of the An of Poughkeepsie was last 1 zth several unor amendments following its comprehensively upda e adoption. Many of the ch Ki ro sed it the Poughkeepsie Town Plan will not be legally bmrig uitYtie enac Te t of a new zoning law. The Town should review and update Ids zoning law ass oon as le to be consistent with the recommendations of this Plan°`and to allow for#heir ntation. Although the zoning process is only a part of an effective implementation program, zoning literally shapes the scommunity and is an essential tool in determining its character. A new zoiung 1 w should make the granting of variance requests less likely, as Town officials upgrade' sign, landscaping and other standards to improve conditions Town -wide. The most important goal of this plan is the incorporation of its recommendations into the zoning law and subdivision regulations. In this regard it should be noted that certain matters relating to signs and architectural standards for residential and commercial buildings remain incomplete as part of the 2007 Zoning Law amendments. Due to the interest of business groups in the proposed sign regulations, in January 2007 the Town Board formed an ad hoc committee comprised of select town board members, business persons, sign manufacturers, and lay public to review the regulations (see Article IX of the Zoning Law), and to report back to the Town Page 71 Town Plan Public Review Draft August 22, 2007 Board with specific recommendations for revisions. As of the date of adoption of this Town Plan and the Zoning Law the committee had not yet made it's report. With respect to architectural standards for residential and commercial uses, the Town Board was advised by its planning consultant that the preparation of such standards typically involves formation of a committee of architects and designers with expertise in such matters and could expect to involve some months to develop prior to introducing the standards for public review. Rather than attempt to develop architectural standards while also reviewing the proposed Town Plan, Zoning Law, and Subdivision Law amendments, the Town Board determined that this effort should await individualized study. The Town Board anticipates that it will receive the Committee by the fall of 2007, and is committed to and making a determination as to any additional an end of the second quarter of 2008. With respect to architectural standards the Town oai committee in January 2008 and charging that t1 architectural standards for residential and comme formation. The Town Board will make a determina Zoning Law by the end of the secondqguarter of 2009. Subdivision Regulations f the ad hoc Sign recommendations Zoning Law by the is committed toA lnina a axe recommengapons on s within one year of its any amendments to the Subdivision regulation d ow land is ided into maller lots, and ensure that the necessary public fac' es, su streets an . ater and sewage facilities are provided in accordance with al Stan ds. The To opted its current Subdivision Regulations in 1974, w vi rity ass' ed to the Planning Board. These regulations should be revi for with the recommendations of this Plan and any subsequent revisions a zoning aw. In addition to making the regulations consistent with the Plan, illustra uld be incorporated to clearly demonstrate both recorniriended and unacceptable w of developing land and graphically convey the reauiremerits .that applicants,,are effected to meet. Site Plan The zoning law specifies the types of building proposals that are subject to site plan review by the Planning Board. The site plan review process provides the opportunity to assure that development is well-planned and that standards regarding landscaping, driveway or road design and placement, building placement and scale, signs, lighting, drainage, pedestrian access and many other detailed features have been properly interpreted and applied. In many instances, it is the only means by which the Planning Board can assure that major development proposals are compatible with the existing character of the community centers and the Town as a whole. Many of the Poughkeepsie Town Plan's policy recommendations, especially when integrated into a revised zoning law, can be specifically cited during the Planning Board's discretionary design decisions Page 72 Town Plan Public Review Draft August 22, 2007 in the site plan review process. Architectural standards for buildings and signs should be reviewed as part of the site plan review process to improve the economic and aesthetic quality of the Town. Standards for architectural and signage should be considered. Public participation during this review process will continue to ensure that all appropriate concerns are addressed, and should be strongly encouraged. The Town's Zoning Law and Subdivision Regulations should include architectural, landscaping, access, and other design standards or guidelines to supplement Greenway Connections and give more specific guidance to local boards and applicants. Greenway Connections The Greenway Guides section of Greenway Connections is a W61box of strategies to deal with everyday design issues relating to open space protect" imcccmunity development and redevelopment, environmental preservation, and site�lannlrig a guides are concise and heavily illustrated, providing a clear vision of e community s preferences. These illustrated guides should be routinely used by the Town's review,, oards to assist with their reviews. They should also be provided'to developers early in ,pro, ss to make the Town's expectations known up front, and avoid conflicts and cosd redesigns later in the process. The new zoning law should be consistent with Greenway principles in terms of upgraded lighting, landscaping, signs, parking; and other standards. Historic Districts and Landmarks Under New York State Law, communities are ernpowered to enact special controls in areas of historic significance. Once historic districts or local landmarks have been designated in the zoning law, municipalities can control development in or adjacent to these properties by regulating architectural design, fagade changes, and demolition requests. In addition to aiequired local review, any development proposal on or adjacent to a site which � on or eligible for the State or National Register of Historic Places is subject tali"extra level of review during the SEQRA process. The Town Board enacted legislation establishing a Historic Preservation Commission and standards for the designation; and modificatiop of local landmarks in 1995. The Town should supplement its existinglustoric preservation legislation by adopting written and graphic guidelines to visually define design compatibility. Parks and Under Town Law, the Town may require that either land or money -in -lieu of land be delivered to the Town for developing parks before the Planning Board approves a subdivision plat. This power can be beneficial in helping the Town acquire additional park and recreation space and for capital park improvements. Since money -in -lieu of land must be used for acquisition or capital improvements, not operating or maintenance costs, the recreation fund should be targeted at specific park projects. In order to determine how this money or land should be used, the Town should develop a comprehensive park plan using the Parks and Recreation and the Centers and Greenspace Plan sections of this Plan Page 73 Town Plan Public Review Draft August 22, 2007 as a guide. The Planning Board can then make a recommendation to the Town Board about whether to accept land or money in -lieu -of land, based upon this Plan. Clustering or Conservation Development Clustering, also referred to as conservation development, allows the number of dwelling units normally allowed for a parcel to be grouped into one portion of a site, while leaving the remainder of the property open. The overall density on the property does not exceed what would be allowed under a conventional subdivision layout. New York State enabling legislation authorizes legislative bodies to permit the PI g Board to approve cluster developments, and to mandate clustering where approp unicipalities may cluster any type of development that is permitted in their zo ` law and adopt criteria for deciding where a cluster alternative should be require . alities may also require the remaining open space to be placed under con atio ment to ensure its protection in perpetuity. The advantages of this concept lie in the prese n of 4 given in site design for areas with sensitive natur' ,his affordability in housing may be realized through re t of infrastructure, such as roadways, 'lities, and other developments are a good way of help rovide open giving definition to community centers,_ conser and scenic vistas which contribute to the vera h� Page 74 space and t. features. In in both the amount and cost nprovements. Cluster esystems in the Town and ggricultural open space ,tee' of the Town. Town Plan Public Review Draft August 22, 2007 Locate Development Pocket , 'typical Superimposed Subdivision < Conservation Subdivision A sketch analysis of the area • Productive farmland lost forever • Large farm field protected. provides all the basic information to • Pleasant view from road eradicated. • Rural view from road retained. calculate how a development can fit into • Stream corridor cut off by backyards. • Trail system allows access to stream. the landscape - what land should be - Large lots divide up and dominate the land_ • Smaller, but substantial individual protected and potential development scape. lot sizes with central green. pockets. • individual road for each subdivision. • Potential connection to adjacent parcel. • Costly road and bridge construction. • Lcss expensive construction costs. • No chance for residents to enjoy • Residents have views of open field and direct access to woods. snecial site features. Other Open A variety of innovative techniques could be used to help the Town of Poughkeepsie retain its character through selective open space protection. Outright public acquisition, the purchase of development rights, or the negotiation of conservation easements on key parcels, are among the most direct ways to protect important properties. Conservation easements are generally voluntary agreements filed with the deed for permanent protection that still maintain private ownership of the land. Deductions on state and federal taxes for any charitable donation or reduced property taxes are sometimes available as incentives to landowners, depending on the particulars of the property. Such easements are often proposed in conjunction with cluster or limited development projects. Page 75 Town Plan Public Review Draft August 22, 2007 Another conservation option is a transfer of development rights (TDR). This program, which has been authorized by New York State Law, allows future development potential (usually expressed in dwelling units per acre) to be relocated from a sending property to a property within a designated receiving area. To implement a TDR program, the Town Board must identify the "sending district" where land conservation is sought, and the "receiving district" where development of property is desired. The TDR program would be useful for relocating development from the designated greenspace areas in the Town to the designated centers, as indicated on the Centers and Greenspace Plan. Capital Program A town's program for allocating its financial resources is a rful tool for implementing its comprehensive plan. The capital pro ary of the community's public improvement needs (usually projec over six years), the estimated costs of the improvements, and an ordering britiesf provision of improvements. Recreation expenditures, highwa programs, water an r system projects, and investments in police, fire and,,'�, ' ance services outlined i pital program should closely reflect the objectives an(fp,.w s W" the Town Pl;; and any further studies have identified. '� Official Map Municipalities may use an official map t' public improvements. Adoption of an office Board, but the map is us pared and recommendations. Such a ma���ould emnc of needed streets,ilii Private Pu lig e find Crewe solutions 1 received,:; own has needs. The 'l can si find innovative ' "Ohod Grants recreation that will be needed for future apo is off; : "onsibility of the Town apo iNaded acA;& to the Planning Board's the Town to dictate the specific location os and other public improvements. municipal projects require local governments to munity needs. As proposals for development are ity to work with applicants to provide for those ;es and negotiate with the development community to problems it might not be able to solve on its own. The Federal government makes money available to local municipalities each year through the Community Development Block Grant Program, which is administered by the Community Development section of the Dutchess County Department of Planning and Development. Funds are available for projects that benefit a community's low and moderate income residents and neighborhoods. Eligible projects can range from sidewalk improvements to rehabilitation of housing units to recreation enhancements and more. Many sections of the Town and individual homeowners qualify for this assistance. There are also a variety of other grants available from the federal, state and county government Page 76 Town Plan Public Review Draft August 22, 2007 and other sources. These include the federal Land and Water Conservation Fund, NYS Environmental Protection Fund and Clean Water/Clean Air Bond Act, the Hudson River Valley Greenway Program, the NYS Brownfields Cleanup Program, the Dutchess County Partnership for Manageable Growth for Open Space and Farmland Protection, and many others. The Town should continue to take advantage of these opportunities to provide public improvements and amenities consistent with the recommendations of this Town Plan. Environmental Protection Regulations Specific regulations incorporated into the zoning law governing fh use of floodplains, wetlands, steep slopes, mature stands of trees or specimen tree7 stream corridors, aquifers, scenic open aces, sensitive wildlife habitat steep eor otherspecial q � p p n1?s� � natural features allow the Town to set standards to protedfjts Psi ;environment. With respect to the Town's existing Aquatic Resource Protection Law the Town Board is Ue committed to working with Town building, eni�ering, and planning stafff with the Conservation Advisory Committee to consider revoWns t A""e, existing Aquatic Resource Protection Law. It is expected that this effort will c� Vince in January 2008 and that recommendations would be provided; to the Town Boafd*ithin one year thereafter. The Town Board would then make a dete&lotion as to any amendments by the end of the p •: gg second quarter of 2009. r With respect to the a Tree Preservation Lais committed to working with Town building, a„r , and plana* staff along with the Conservation Advisory Committee o prepay draft local w. It is expected that this effort will commence in January 8 and at recommen „ ns would be provided to the Town Board within one year �eraft ” The Town Board would then make a determination as aW Of t to any amendments by the second quarter of 2009. z), � •. With respect to steep slopes proiee :the Town Board is committed to seeking the input of the town, engineering and plammfig staff for amendments to the existing Erosion and Sediment Control Law as part of the Town's on-going Phase II Stormwater compliance planning. The Town Board, xpects that it will have proposed amendments to the Erosion and Sediment Control Law by the end of 2008. Watershed The quality of any water resource is dependent upon how its watershed is managed. The Town of Poughkeepsie lies within the Wappinger Creek Watershed, which covers 135,400 acres in 11 towns and 2 villages, and flows into the Hudson River at New Hamburg. The health of this watershed requires cooperation across these local government boundaries. The Wappinger Creek Watershed Intermunicipal Council, comprised of municipal officials from each of the communities within the watershed, has developed a set of goals for the preservation, restoration and management of the Page 77 Town Plan Public Review Draft August 22, 2007 watershed. Some of the methods for achieving these goals include mapping stormwater discharge points, protecting and restoring forest buffers, and review municipal codes to revise sprawl -inducing regulations. A committee is also forming to address issues of preservation and management for the Fallkill. State Environmental Quality Review Act The New York State Environmental Quality Review Act (SEQRA) legislation ensures that environmental factors will be granted the same weight as social and economic factors in the decision-making process. It also provides for communicatiobetween governmental agencies and the private sector, public participatia�t,�aird a means to consider project alternatives and mitigation measures. It shoulabe noted that SEQRA 111 regulations undergo periodic review and it is the responsibility o#al officials to be aware of changes in the law as they occur. Nlli The provisions of SEQRA can apply to rezonin subdivisions, redevelopment projects, land use plans, zoning regulations, or compre 've resource managements. Most development actions are subject to SEQRA; ow the ations as published by the New York State Department of Environmental Cori on, &YCRR Part 617, provide a specific explanation of applicable tions. In addition e lists of Type I and Type II actions (actions requiring or not requi QRA revie lined in the State legislation, SEQRA Law authorizes a to develo wn list of additional Type I and II actions. The legislation als llo ci al' to designate yp gi p gnate critical environmental areas (CEAs which affor th so``gher level of consideration during the SEQRA proc; Comprehensive P a \. view mmittee The Poughkeepsie 'own P as " ed to shape the future growth and development of the Town in a dance wi the expressed goals of its residents and official representatives While is policies can be realized through continuing comrriuruty participation and cons ' s, the specific changes enumerated in the Plan require a comprehensive irnliileme tation initiative. To further the g6,4 . and policies of the Town Plan, the Town Board may evaluate and analyze on a site-spcifip "iasis the best use of an identified parcel of land regardless of the underlying zoning >"If the Town Board determines, after careful review, which review shall consist of a lana conservation analysis and any other analysis deemed necessary by the Town Board, that the property is appropriate for a more flexible land use plan, the Town Board may entertain an application to rezone the property subject to approval of a development master plan. In its deliberations as to whether to entertain an application, the Town Board shall consider and give weight to all factors including, but not limited to proposed uses, public benefit, and protection of natural features such as water bodies, wetlands, steep slopes, existing vegetation, ridgelines, and scenic views. Page 78 Town Plan Public Review Draft August 22, 2007 The Town Board should establish a Town Plan Review Committee. This committee should consider all the policies and recommendations in the Plan, meet periodically to determine feasible priorities, and recommend actions to the Town Board. Additional Methods These fundamental mechanisms for guiding community change are only a few of the numerous tools available to the Town. Additional options include: Scer . „ I r - -- - --- Bike Perf Arc] AM Stre, Page 79 Town Plan Public Review Draft August 22, 2007 SECTION V - FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENT A) Introduction For the purposes of compliance with the State Environmental Quality Review Act (SEQR), the Poughkeepsie Town Plan shall also serve as the Final Generic Environmental Impact Statement (FGEIS). SEQR establishes a process requiring the consideration of environmental factors early in the planning stages of actions that are undertaken, appro�e�or funded by state, regional or local agencies. This systematic appr ach allows for adverse impacts to be either avoided or mitigated to extent practicable. The "action" that requires SEQR review is Zoning Law and Land Subdivision Law This GEIS describes the potential impact' assessment of specific They may be based on They may ' ti y the imp base the exis patty " and c cter. Z options. df such Plan and related the Town Board. tate Environmental Quality general than site or uss the logic and lso include an are available. i rmaon in some cases. elem f the natural resource and pr$ected cultural features, may discuss in general terms the any narrowing of future Oaknalyze in general terms a few cld and are likely to occur. " This Final Genenc Ena tal Impact Statement (FGEIS) has been prepared as directed by the Town B of the Town of Poughkeepsie as the Lead Agency. This FGEIS has b8e-(prep ed in accordance with the requirements of Article 8 of the Environmental conservation Law, the "State Environmental Quality Review Act" (S]:, an# a implementing regulations in 6 NYCRR 617. This FGEIS responds to e written comments received during the public comment period on the Draft GEIS' at commenced on May 25, 2007 and closed on July 9, 2007, including comments received at two public hearings held on June 13, 2007 and June 27, 2007. It is important to note that the public hearings on the Draft GEIS were held simultaneously with the public hearings on the draft Town Plan, the draft Zoning Law, and the draft Subdivision Law. Although the public hearing on the DGEIS was closed on June 27, 2007 the public hearings on the draft Town Plan, the draft Zoning Law, and the draft Subdivision Law remained open thereafter. As a result, this FGEIS responds only to those comments pertaining directly to the DGEIS, because at the time of acceptance and publication of this FGEIS the pubic hearings on the proposed Town Plan, Zoning Law, and Subdivision Law, remain open and subject to additional public comment. Further, Page 80 Town Plan Public Review Draft August 22, 2007 the Town Board may chose to consider any additional public comment as amendments to the draft Town Plan, draft Zoning Law, and draft Subdivision Law. Depending on the significance of such additional amendments a Supplemental Generic Environmental Impact Statement may be required. Responses to each of the substantive comments received concerning the DGEIS may be found in a separate document entitled "Final GEIS — Comments and Responses to the Draft GEIS" which is hereby incorporated by reference into this FGEIS. The responses serve to clarify, supplement, and provide specific answers to the relevant topics discussed in the DGEIS. Where necessary, revisions have been made to this FGEIS to clarify the analysis of the DGEIS and to explain revisions to the proposed Town Plan, Zoning Law, and_Subdivision Law. All descriptions, comments, evaluations and recom-m6fidations regarding potential environmental impacts, and their significance, arebased ori data available at the time this FGEIS was printed. This FGEIS complies with the requirements of SEQRA as to scope, adequacy and content. It addresses the reasonably anticipated adverse and beneficial environmental impacts that maybe :generated by the proposed application. This FGEIS`w.as accepted as complete;by the Town Board on August 22, 2007, and the period", .a 1, lic consideration of the Final GEIS ends on September 4, 2Q07. The proposed Town Plan and W-,',the commendations carefully consider the environmental resources found w Town. The" inventory and analysis sections of the Plan clearly identify the man-made and the natural resources that ar, critical to the 'To* of P " "'thkkeepsie. In many ways the Poughkeepsieowr pan is a mitigation plan against the potential effect of 11 residential and co rii ercial development on the remaining limited environmental resourc of the To °a''of Poughkeepsie. In addition, the Poughkeepsie Tpwrl..,'. i and Zoning Law and Land Subdivision Law amendmeiits.that w"odd implement the goals and policies of the Plan strive to gpide new deu lopme' `,in a manner that will enhance the community in the .ental sustainability is one guiding principle that was determined the comp"," ehensive planning process. Balancing environmental ca Jity, fisl responsibility, and respect for property owners is an �pp ach that is evident when considering the Plan 1daons and zoning amendments as a whole. It is important to note that adoption of the Poughkeepsie Town Plan and Zoning Law and Subdivision Amendments will not result in the approval of any development activity, either private or public. As individual projects and activities are proposed and reviewed, environmental reviews may be necessary on a site-specific basis. Site-specific environmental reviews would still need to be conducted under SEQRA and would, in the ordinary course of plan review, consider the scale and intensity of a proposed action and consistency with the concepts and vision outlined in the Poughkeepsie Town Plan. Page 81 Town Plan Public Review Draft August 22, 2007 B) Matters to be decided Upon acceptance of this FGEIS as complete a ten day period for public consideration of this document will be provided. During this ten day period the Lead Agency cannot take any action to approve or adopt any of the proposed Amendments. At the end of the ten day period the Lead Agency may take up the matter of adoption of a Findings Statement to complete the environmental impact review process under SEQRA, after which it may take up the matter of adopting the proposed Amendments themselves. C) Description of the Action 1) The proposed action is the adoption oftnents to the Town of Poughkeepsie Zoning Law, Subdivision L I ould implement the recommendations and policy goals as set fo in th pposed Town Plan. Implementation of the Town Plan goals would genera u. e the form of, among other items: a) Changes to the location of residential and boundaries to eliminate land use conflicts b) Changes to the proposed Zoning Mapr hamlet centers as a new a of mixed use creation of higher density. ',�-ntial and cc the designated mixed use cent end identified areenspace areas*ith the out residential 16fiffie district introduce town centers and Jistrict and to encourage the mescal developments within mlets in order to preserve g undeveloped areas; c) Consolidating °residential districts to simplify the Zoning Map and the designation of residentially zoned areas; d) Amending G the pbrmitted uses i the existing business and residential districts to ehminate p©tenfiiaHy conflicting land uses; e) Intro�ing design standards to be applied to all applications in the residentia " d nonresidential districts to achieve a unity of design and cohesion b ' _ een te° hmovements of pedestrians and motorists; f)" Introducingdatory clustering of residential units; g) Tn= ducin a use of incentives to allow a developer to obtain additional resceta density in return for specific benefits to the Town. D) Changes Under Consideration Resulting From Public Comment As a result of public comment received the Lead Agency is considering the following additional changes to the Town Plan, Zoning Law, and Subdivision Law: Town Plan 1) Include consideration of a "no loss" policy for wetlands. 2) Amend various sections to strengthen language calling for provision Page 82 Town Plan Public Review Draft August 22, 2007 of greater pedestrian and bicycle pathways and linkages between existing and proposed development. 3) Include a timeline for consideration of future code changes regarding signage, architectural standards, revisions to the Aquatic Resource Protection Law and the Erosion and Sediment Control Law, and a new Tree Preservation Law. Zoning Law 1) Amend definitions as necessary to clarify meaning and eliminate redundancies. 2) Expand the CHCO District to add a secondary development area to provide additional land for commercial andlimixed use development. The expanded area was deemed necessary in order to ensure that sufficient land is available to the east and to the:west of Route 9 to allow a proper build -out of a new town center. 3) Create an expansion to they CHCO District area to all' a better transition between the existing l lghdensii -residential neighborhoods located west of the CHCO Distrlcf::a i the new high density mixed use town center with the CHCO are%,,, 4) Clarify the process forte al of a dev6I6p hent plan for the CHCO District and the establishmen o xlew Business Parks. i 5) Amend the language o the ''CHS District to clarify that the maximum al ovvable residential density is 4 units per acre. 6) Amen, the "incentives" section to clarify that once a development projectets the requiremeriIT "for obtaining additional residential developme" .dens ft' that there is no discretion on the part of the Town to llmr0r deny succi additional densities. VA 7) Establish a base density of 300 units, and an additional incentive density of up to 150 units, for the entirety of the HRDD property. 8)` ,Create a new; Neighborhood Highway Business (B -NH) as an interim commercial'district for lands that are not suitable for designation as either, Neiglborhood Business or Highway Business. 9) Create, a new Greenspace Overlay District that may, upon Town Board' approval, be applied to one or more of the parcels identified in the Town Plan as "greenspace" areas. This new overlay district provides for lower development densities, and limits the number of potential uses, on properties so designated. 10) Add provisions for calculation of recreation fees for multi -family development, and clarify the process for determination as to the Planning Board's process for requiring either the reservation of parkland or the payment of a fee in -lieu of parkland. I1)Amend the provisions for required setbacks and landscape buffers for Page 83 Town Plan Public Review Draft August 22, 2007 new development adjacent to existing residential neighborhoods. 12) Limit, in certain instances, the creation of through road connections to established residential neighborhoods in the R-20,000 District. 13)Clarify the uses and the area and bulk requirements for the two waterfront districts. 14) Amend and clarify the design standards for the residential and the non-residential districts. Subdivision Law 1) Amend definitions as necessary to clarify il6ailing and eliminate redundancies. 2) Amend the "maximum density yield" caculatin to allow an applicant to calculate the residential density 511.1a,t project using a Sketch Plan analysis based on current boundary 'and topographic survey instead of the mathem , al formula. ` err=` 3) Amend the cluster subdivision` , „qua o allow an applicant to present a cluster development pla hot the need to provide a conventional subdiv' ,'on layout. 4) Amend the cluster s on language€x` _ . larify the manner in which the preserved op s to be prof ed. Ir 5) Clarify the design stan s d roads and limit their use unless the',P' Boar etermine at the use of such roads is necessary to pr ct the pub health and safety. E) Project The propos +action i&recommendeid in the Town Plan, of which this FGEIS is a 4 ��� 141 PartThe To an recogmzes that the historical growth pattern for the Town is ne of increasin identUl_ velopment in the remaining few large greenspaces th��place pressure" limited community resources. As noted in the Town Plan, the '1&M of Pou epsie is the most populated town in Dutchess County, and by virtu6of the lar number of commercially developed properties, particularly retail uses, gnerates almost 40% of the total sales tax collected by the county. Such large s:P P however, comes at the expense of continued development pressure acrifi that would sce the remaining large tracts of forest, wetland, streams, and open space that have made the town a desirable homestead opportunity for many years. Major north -south Route 9 highway and east -west Route 44/55 highways also provide easy access of the New York State Thruway, Taconic Parkway, and Interstate 84 making the town a desired commuter community. As documented in the Town Plan the town has witnessed dramatic increases in population and commuter traffic volume to the New York City metropolitan area via commuter rail links in the City of Poughkeepsie and the New Hamburg hamlet. The Town Plan encourages a rethinking of the town's traditional zoning by recommending the introduction of centers in strategic locations along Route 9, Route 44, and Page 84 Town Plan Public Review Draft August 22, 2007 Salt Point in which commercial, and mixed residential -commercial uses would be concentrated, while up -zoning the remaining undeveloped greenspace lands to limit the loss of open space and impacts to water bodies and essential habitat. In turn, the up -zoning would be mitigated by making additional residential densities possible through the use of incentives that would generate specific benefits to the town in return for allowing higher densities than would otherwise be allowed. These benefits include the preservation of open space, dedication of land, creation of workforce and senior housing, and the preservation and reuse of historic property. The proposed action is a result of discussion by the Town Board during the Town Plan process in response to community concerns related to potential overdevelopment in the south, south-centratnQrthern areas of the town. Issues regarding overdevelopment and corres . ng traffic, environment and school impacts were raised during the public orkshops and hearings. Also, the concept of lower density zoning for the � reensp areas, as outlined in the Greenway Compact, of which the town is a`', icip�.�m member, were explored. Each of these issues is examined in greater detail iii ection I of the Town Plan. �.�s Among the alternatives considered the preferred implementation would involve up -zoning the one acre (R-45,000) areas of the #own to 4 acre minimum lot size (R -4A). These areas are all located in the northern part of the town. Most of the undeveloped one-half (R-20,000 areas of the town; consisting of large lots, would be up -zoned to a 2 acre minimum lot size (9-2A), while the developed one-half acre (R-20,000) areas of ,the town would absorb the R-10,000 and R- 15,000 areas into the; R-20,000 dstnct The alternative also includes an up - zoning of approximately 170 acres 0 A.- 10,000 'acre lands to the east of Route 9 north and south of Spring Road to a 1.5 acre minimum (R -1.5A). In order to mitigate adverse„ affects on housing and land development in the up -zoned residential areas Elie Zomng Law would introduce density incentives whereby a develope d receive up to 100% of the maximum residential development potential o t in return for providing identified benefits to the town for the MW in dense6 These benefits would include the creation of workforce and seer housing; permanent preservation of open space; historic preservation; and the",gzantmg of pulzl p access for passive and active recreation uses. The 100% incentive :Wl ".give bads" would effectively lower the minimum lot area to 2 acres in the R-4,` acre districts, to 1 acre in the R -2A district, and to .75 acre in the R - 1.5A distnct The re -zoning would also involve establishing the commercial centers at the South Hills Mall, and the Mid -Hudson Plaza. The Arlington, Crown Heights, MacDonnell Heights, the Salt Point Turnpike centers, and the Rochdale Road hamlet would all be zoned for mixed residential and commercial uses. The inclusion of high density (i.e. 4 and 6 dwelling units per acre) residential development in the mixed use centers would mitigate the potential impact on housing availability that might otherwise result from the general up -zoning of the existing one-half acre and one acre zoned areas. The potential 4 to 6 unit residential densities in the mixed use centers/hamlet combined with the potential 100% "give back" of residential densities in the R -4A, the R -2A, and the R -1.5A Page 85 Town Plan Public Review Draft August 22, 2007 districts would ensure the town -wide availability of housing in a mix of housing types (i.e. single family and attached units) at a range of housing prices. With respect to the specific residential densities permitted in the designated mixed use centers, the Arlington, the MacDonnell Heights, and the Salt Point Turnpike centers all allow residential densities up to 6 units per acre. In addition, the Salt Point Turnpike and the MacDonnell Heights centers allow for the development of residential units above commercial spaces without counting such units against the 6 unit per acre cap. The reason for this is that the areas in which these two new mixed use centers are located are sparsely settled, and do not contain sufficient residential development around the renters to support the commercial uses that are required as part of a .traditional neighborhood development. In other words in order for a the mfxe ,use centers to work in those areas the code must permit sufficiently "". residential development densities in order to attract and support the commercial uses.:.. t are required as part of the mixed use development. By contrast the maximum residen District and the Rochdale Road Hai units, even those constructed above the 4 unit per acre residentia densit, two districts are surrounded multi -family use at sufficientl commercial uses that would be c the Crown Heights Overlay Dis encourage the crewAf pedestri facilitate centers. be centers of the cc ae"Mtrict nsity mi -l", the Crown Heights Overlay is, t; at 4 units per acre and all ,ommercr apses, would be counted against cap. Agait e reason for this is that these that is alrea' _1settled for single family and nsities cap q` - . of supporting the new fthe design standards for t dale Road Hamlet District nd bicy paths to connect the existing a means of limiting automobile use and to nih ral components within the mixed use to ent densities above 4 units per acre ry to the Crown Height and Rochdale Road )orted along with the required commercial The former State Ps` chiatr property located north of the proposed commercial Fairview Center will also include a mix of residential and commercial types within a,,center-like getting. The potential residential densities allowed within the former State Psychiatric property (referred to in the Zoning Law as the "Historic Revitalizatfo Development District" or "HRDD") would allow development of up to 300 new units as part of a mixed use center, with the potential for an additional 150 units provided that the development plan preserves the ±18 acre "Great Lawn" west of the main historic buildings and provides for the adaptive reuse of the remaining ±269,099 square feet of the National Landmark Building. Based on the potential of 550 units within the HRDD property the effective residential density is approximately one unit for each 0.28 acres of land. This residential density is less than the 4 to 6 units per acre allowed in the Crown Heights, Salt Point Turnpike and MacDonnell Heights centers, but due to the unique nature of the existing historic property, and the need to accommodate non-residential development as part of the mixed use development on the site, Page 86 Town Plan Public Review Draft August 22, 2007 these densities are considered appropriate and are consistent with the overall intent of the new Town Plan to preserve open space and encourage the reuse of historic properties, while limiting residential densities to sustainable levels. Implementation of the Town Plan in this manner is contemplated to have several beneficial impacts including reducing potential future impacts of additional residential growth on the traffic conditions on Route 9 and Route 44/55, preserving the character of existing residential areas, reducing potential future growth impacts on the school districts, and limiting residential development to rates that are considered sustainable by the town and the four school districts serving the residents of the town. Key recommendations of the Town Plan include: 1) Residential District Up -Zoning: The Plan recommends that the R- 10,000 and R-15,000 districts be folded into the R-20,000 district in order to simplify the zoning map and,"" emphasize larger, neighborhood relationships. The Plan also recommends that certain undeveloped greenspace areas such as the R-1,45 district t along Salt PQ °Turnpike could be up -zoned to provide for Mica 5q ,,minimum lot sizes, and the greenspace areas such as the R-20 , ;!0Q0 and the R-10,000 districts along Route 9 could be up -zoned to provide, for a 3 acre minimum lot sizes. The up -zoning is intended to provide protection for the remaining large areas of contiguous 'open space, and to@sh the concentration of growth into the designated Town Centers, Cluster subdivision design is mandated for development of parcels greater than 25 acres in size. 2) Town Centers: The Plan recommends that development of mixed residential` ;and commercial land` uses be concentrated in the identified Town Centers. Concentrating higher development densities in the Town Cetees goes Band -in -hand with the up -zoning of the suburban areas by �..: encottra�gre-use and re -development in those areas where public utility r and otherevices are already in place. Greenspaces The Plan recommends protection of farmlands and farm polis through cAMiservation techniques such as cluster subdivision design, N and the maintenance of open space by mandating the quality of the open space Set -ase areas. Minimum setbacks from established neighb6'i' ds and extensive use of landscape buffers would ensure the continue quiet enjoyment of developed property located in proximity to areas proposed for development. In addition, although the zoning density and design provisions of the proposed Zoning Law and Subdivision Law are considered adequate to ensure the long-term preservation and protection of the designated greenspace parcels (see Map 8), the proposed Zoning Law has been amended to include a "Greenspace Overlay District" which may, upon future Town Board action, be applied to any of the greenspace parcels. This overlay district would severely limit the density and development options of the greenspace parcels and its implementation would require a separate environmental review before such a designation could be made. Page 87 Town Plan Public Review Draft August 22, 2007 4) Design Guidelines: The Plan recommends that site design and architectural design guidelines be developed for each residential and commercial district. The guidelines would be administered by the Planning Board and the Zoning Board of Appeals through the Site Plan and Special Use Permit approval processes, and would be set up to allow a potential developer to understand the design parameters during conceptual plan development. 5) Cluster Subdivision Design: This approach utilizes flexible lot sizes and density incentives to encourage conservation of land in subdivision design. Cluster subdivision design would be mandatory for "''pr subdivisions of 25 acres and greater, and establishes minimum n space set -asides and configuration. Incentive zoning could be u a developer to obtain additional residential densities by provi ` I w orce housing, land dedication for public use, historic preservatl and s citizen housing. 6) Incentive Zoning: Incentive zoning establishes density boNthe ncourage the preservation of open space a well as :affordable;under an approach that offers tiered levels SI 'Onuses fvision of workforce housing, land dedicationaI11c use, historic preservation, and senior citizen housing. 7 Commitment To Examaran 'T." "Town CodiAlihdments: Adoption of the ,. en ' Town Plan, the Zoning La ar .,,Subdivision Law represent significant, but by no means all, of the re at s the Town will need in order to manage future clever lopment. I regard Town Plan has been amended to provide spectfil; 41ime tables conside " `ion of amendments to the town erosion Aa sedlmen ,:control law, a aquatic resource protection law, along with consideration o a tree prese N,crn law, steep slopes protection law, and standards for Sign ag®� arc lu ectural guidelines for residential and al deve gement. 4z. toject Appro � Tsq, pposed acti, would require approval from the Town of Poughkeepsie Town curd, also _ "ting as the Lead Agency for this Action. The proposed action wry also ' �Hude referral to the Town of Poughkeepsie Planning Board in accordance i a requirements of the Town's Zoning Code and General Municipal L referral to the Dutchess County Department of Planning and Economic Development. Cross Reference Table Required FGEIS Sections (6 NYCRR 617.9(b)(5) Location in this document A concise description of the proposed action, its Section I — Introduction purpose, public need and benefits, including social Section II — Planning Policy Recommendations and economic considerations. Section V - GEIS Page 88 Town Plan Public Review Draft August 22, 2007 A concise description of the environmental setting of Section I — Introduction the areas to be affected, sufficient to understand the Section II — Planning Policy Recommendations impacts of the proposed action and alternatives. Section III — Centers and Greenspace Plan Section N — Implementation Section V - GEIS A statement and evaluation of the potential a) Short-term and long-term impacts, cumulative impacts. significant adverse environmental impacts at a level of detail that reflects the severity of the impacts and Section I — Introduction the reasonable likelihood of their occurrence. Section II — Planning Policy Recommendations Section V - GEIS b) Adverse environmental impacts that cannot be avoided or adequately mitigated. Section N — Implementatioli•,* Section V - GEIS A, c) Irreversible an,",".irreevgb e; commitments of environmental resources.g Section NCation Section Y� EIS d) Gr inducing aspects. >.,, t� Section Planning Recommendations �� TI Section N lemerr at1 Section V - GE` e) Use and conseva an of energy. &ctron I — Introductio�t °. I — Planning Polity Recommendations Sectiat IS Soles waste t. IF Soctron I Introd on tion II — Planning Policy Recommendations Son V GEIS 4� g) Abft acquisitions of land or interests in land. { Seat I — Introduction OR "aection II — Planning Policy Recommendations „z Section III — Centers and Greenspace Plan R Section IV — Implementation y Section V -GEIS A descripfffin of mitigation measures. Section I — Introduction ' Section II — Planning Policy Recommendations ' sj Section III — Centers and Greenspace Plan Section IV — Implementation Section V - GEIS W' A description and evaluation of the range of Section I — Introduction reasonable alternatives to the action that are feasible, Section II — Planning Policy Recommendations considering the objectives and capabilities of the Section III — Centers and Greenspace Plan project sponsor. Section N — Implementation A list of any underlying studies, reports, EISs and Section I — Introduction other information obtained and considered in Section II — Planning Policy Recommendations preparing the statement. Section III — Centers and Greenspace Plan Section N — Implementation Page 89 Town Plan Public Review Draft August 22, 2007 G) Impact on Land 1) A description of the land areas of the town, and the diversity of land types, is provided in Section II.2 of the Town Plan, and is incorporated here by reference. This section describes the potential effect of the current pace of development on the town's land resources and makes specific recommendations for implementation of new regulatory measures to protect these resources. 2) Adoption of the Poughkeepsie Town Plan and Zoning Law and Subdivision Law amendments by the Town of Poughkeepsie will likely impact land resources in the Town. Some areas that are currentl, :not.fully developed, but are served by public sewer and water, are propose or more intensive uses in the Plan. Conversely, it is recommended the the e areas without public infrastructure and that consist largely oI`-1, developed open spaces be developed in a less intensive way. F©r xample, they; use of a cluster subdivision design is proposed and will serve to mitigat adverse impacts related to construction by allowing for development *hile.. protecting important natural resources. This tecli "A parcel or lot containing in whole or in part one (1) or more of the following: Town, State and/or federal protected freshwater wetlands; one hundred (100) year flood plains or flood hazard areas; steep slopes of twenty (20) percent and greater; and open bodies of water including streams, ponds and lakes of any size. " This process would provide for the long-term protection of vital water and wetland resources by ensuring that land utilization does not exceed its carrying capacity. 3) In addition, the Plan recognizes that the Town must comply with the Phase II Stormwater Management regulations. Under these regulations, all Municipal Separate Storm Water Systems (MS9,srmust develop and implement a stormwater management program 44,11"11 t e year 2008. The Plan recommends close coordination with NYSD:�o ensure the Town is : properly addressing the Phase II regulations. I) Impact on Air Resources„ 1) As a result of the potential increase in commercial a presidential development in compact areas of the Town, minor adverse impar s to local air quality could be anticipated. However; these will not be of a type or magnitude that would adversely impact human health or the environment. In fact the compact Town Centers are intended_ to encourage a pedestrian friendly environment. This could provide an alternative to vehicular travel and ultimately reduce air qualityimpacts. The use of cluster subdivision design is another method that protects open space while.allowing for development. J) Impact on Plants, ;and Animals 1) A description of the plant and animal resources of the town is provided in Sectl IL2 of the'Town Plait;' and is incorporated here by reference. This j� pec io escnbes ie potential effect of the current pace of development on �e the town' and fauna resources and makes specific recommendations wfor implemen�lon of ni regulatory measures to protect these resources. 2) A option of the Poughkeepsie Town Plan and Zoning Law and Subdivision Law amendmen s by the Town will not significantly impact plant and animal resources in the Town. Where new development is proposed, existing vegetation will be removed and some wildlife may be displaced. However, the use off' a cluster design approach will help to reduce the amount of vegetation to be removed and the conserved areas will help to establish wildlife corridors. 3) The New York Natural Heritage Program has identified multiple rare or state -listed animals, plants or significant natural communities within the Town of Poughkeepsie. Information identifying the specific location of these rare species is designated sensitive and would require interpretation from experts at the Natural Heritage Program. As a result, the Poughkeepsie Town Plan suggests that the Natural Heritage Program be notified as development occurs on specific sites to ensure no conflicts with endangered Page 91 Town Plan Public Review Draft August 22, 2007 or threatened species occur and to determine mitigation measures to reduce the potential impact on such species. This will. occur as project specific SEQRA evaluations are completed. The Plan also suggests in -fill development and redevelopment of existing buildings and sites to minimize the impact of growth on greenfield sites which might reduce disturbance to plants and wildlife. K) Impact on Agricultural Resources 1) Adoption of the Poughkeepsie Town Plan and Zoning Law and Subdivision Law amendments by the Town will not adversel ;pact the agricultural resources in the Town. The Plan supports current agricultural activities and , suggests the promotion of local agriculture thou education, a buy local program and an agricultural economic strati. P ation in agricultural districts and light -to -farm and righty &mp"raice-forest laws are also recommended. L) Impact on Aesthetic Resou 1) A description of the aesthetic resources'N-5�he town is provided in Section II.2 and Section III of tht,�lan, and 100k corporated here by reference. This section describes theffect of th ent pace of development on the town's aesthetic akes specie recommendations for implementation of new rm �otect these resources. 2) The intent of' M_commenda s found , the Poughkeepsie Town Plan and Zoning -taw ubdivision w amendments is to enhance the aesthetic resources i.he co unity. Prot of community character in both the developed a and ed areas the Town is an important goal of the Nam,-Severaecomrriri'' _ : £assist in protecting community character including `" gateancement, infill and redevelopment in developed -' areas of the Town,se sof cluster subdivision design, a focus on compact development within ek wn Centers, and the notion of design guidelines for commercial ane; mix d -use development. Streetscape design is also discussed withint "the Town Centers. The zoning amendments include design guidelines for -,'.. residential and commercial district, which are intended to addr'es site Function, design and overall aesthetics. M)Impact on Historic and Archaeological Resources 1) A description of the historic resources of the town is provided in Section II.3 of the Town Plan, and is incorporated here by reference. This section describes the potential effect of the current pace of development on the town's historic resources and makes specific recommendations for implementation of new regulatory measures to protect these resources. 2) Adoption of the Poughkeepsie Town Plan and Zoning Law and Subdivision Law amendments by the Town will have no significant adverse impact on Page 92 Town Plan Public Review Draft August 22, 2007 historic and archeological resources. The Plan recognizes the importance of these resources and calls for a town -wide inventory of historic and cultural resources that could build from this earlier study. The zoning amendments include a cluster subdivision design approach for residential development. This approach would allow the flexibility to locate development in a manner that protects historic or archeological resources on the site. Project specific SEQRA review will also ensure that these resources are considered during the development review process. N) Impact on Open Space and Recreatio 1) A description of the open space resources of the "tiwn is provided in Section II.2 and Section III of the Town Plan, and is i�oa ated hereby reference. This section describes the potential effect of ,e c ace of development �h on the town's open space resources and makes _speci 1 ommendations for implementation of new regulatory measures to protect they resources. 2) Adoption of the Poughkeepsie Town Plan and Zoning Law ahfibdivision Law amendments by the Town will have a positive impact on N " n space and recreation in the Town. The Plan recommends the use of a variety of tools such as the purchase of development rights, fee -simple acquisition, or donation of conservation easements. In addition,, the Plan recommends the use of cluster subdivision design to preserve open space. O) Impact on Criti,,cal Environmentu Areas s; 1) A description of the, Critical Environmental Areas of the town is provided in Section II 2" and Section III of the" Town Plan, and is incorporated here by ,: reference. This section describes the potential effect of the current pace of Ioa went on the town's Critical Environmental Areas and makes specific gg"recomrrl dations for implementation of new regulatory measures to protect these reso Adoption of th Poughkeepsie Town Plan and Zoning Law and Subdivision l,aamendmen by the Town will have no impact on any CEA within the down. Infact, the Plan recommends that CEA protections be estabhed through the site plan and subdivision approval process. P) Impact on Transportation 1) A description of the transportation resources of the town is provided in Section II.6 and Section III of the Town Plan, and is incorporated here by reference. This section describes the potential effect of the current pace of development on the town's transportation resources and makes specific recommendations for implementation of new regulatory measures to protect these resources. 2) Adoption of the Poughkeepsie Town Plan and Zoning Law and Subdivision Law amendments will likely have some impact on transportation systems Page 93 Town Plan Public Review Draft August 22, 2007 in the Town. The number of automobile trips may increase in the areas designated to receive additional development, such as the Town Centers. However, the intent of the Plan and zoning amendments is to offset the adverse transportation impacts by encouraging a bicycle and pedestrian friendly environment and improving public transit opportunities. 3) In addition, the Plan recommends additional study of key transportation corridors, such as Route 9, Route 9G, Route 55 and Route 44. An integrated planning approach that recognizes the link between land use and transportation is suggested. Such an approach could address traffic safety and congestion issues in the more developed porti of these corridors. Enhancement of the community's gateways g *or transportation corridors will serve to establish the Town's i and enrich community character. Q) Impact on Energy 1) Adoption of the Poughkeepsie TowA Plar. Law amendments by the Town will no#k h While additional commercial and resrd energy usage, the Plan identifies ways in focus on enhancing the ped envirom development of recreational It which reduces the reliance o autoinnb It design is another techniquetha ani sery the fact that legs roadways and iAtastructu R) Noise and Odor 1) There will be Law S) Imp':a_ct on Pu lic Health Law diW! bdivisi signlncant impact on energy. development may increase h this could be reduced. The .,ncouragmg bicycling and the lattve modes of transportation he use of cluster subdivision ;duce the use of energy due to required to serve these areas. from noise and odor as a result of the i Plan and Zoning Law and Subdivision 1) Adop on of thd,-Poughkeepsie Town Plan and Zoning Law and Subdivision Law dificndmerits by the Town will have no direct impact on public health. In fact, enhancement of pedestrian facilities and development of recreational trails could serve to improve public health. While County Health Department approval has always been necessary, the Plan specifically connects Health Department approval of well and septic systems to lot size requirements in areas not currently served by public sewer and water. T) Impact on Community Character 1) A description of the town's community character is provided in Sections II.2, II.3, IIA, II.5, II.6, II.7 and Section III of the Town Plan, and is incorporated here by reference. This section describes the potential effect of Page 94 Town Plan Public Review Draft August 22, 2007 the current pace of development on the town's character and quality of life and makes specific recommendations for implementation of new regulatory measures to protect these resources. 2) Population a) As noted in Table 1 of the Town Plan the Tow of Poughkeepsie has experienced, and is projected to continue to experience, steady growth in population. The very issues that have given rise to the proposed action relate to this growth and its effects on traffic, services, and the built environment. During this time, the Town has, not only grown in population, but has become more diverse as well ,"with respect to racial and cultural profiles. b) Although total population increases affect'land use, the growth in the number of households has a more direct effect on housing demand and on the character of land use trends. 1n19�(, the number of households within the Town was 13,777 B� 2000, the number of households was 15,132, an increase of 9 percent y Mich is greater than population growth during the same period. This would ap earl°o reflect national trends toward smaller household sizes. c) As in much of the reposand nation, the Yawn is slowly growing older, with the baby boom gen,,radon beginning toe through the 45-54 and 55-64 age groups. This growtl 14 "younger people reflects the echo -boom occurring from the children of i boom generation and illustrates new challo4om-for local schools facing l tg ler enrollments. 3) Housing a) Of the 1,132 housing units in Town in 2000, 527 units, or three percent, were vacant - ,As noted Irl the b00 Census data owner -occupied housing r still heavily putweighs reciter -occupied housing and married family households still comprise the majority of owner -occupied housing units. The burden of housing costs in Town can be measured by how much owners or renters paid in household income toward owner costs or rent. Typically, housing costs become an undue burden if owners or renters pay more than ail to 35 percent of household income toward these costs. The percent of owners in Town paying more than 35 percent of household income toward housing costs increased from 14.6 percent in 1990 to 15.9 percent in 2000. The burden on renters however, appears to have decreased — in 1990, the percent of renters paying more than 35 percent of household income toward rent was 26.3 percent, while in 2000 this number was 19.5 percent. This may actually reflect a change in the availability of rental units versus for -sale units. 4) Potential Impacts to Population and Housing a) The build -out analysis in Table 2 of the Town Plan calculated that under the town's present zoning and land use regulations a total of 16,816 new units could be constructed. Most of this potential new construction would Page 95 Town Plan Public Review Draft August 22, 2007 likely occur in the existing residential R-45,000, R-20,000, R-15,000, and R-10,000 districts. These districts, in particular the R-45,000, R-20,000 districts, also contain the largest amount of remaining open space land and environmentally constrained land areas. If the town is to strike a proper balance between housing availability and the preservation of diminishing open space and significant environmental resources it must find a way to raise residential development densities within the existing developed areas to off -set a potential loss of housing units in the undeveloped areas. The proposed action is the realignment of the zoning district boundaries and the allowable land uses in areas that do not pr sently allow for high density residential development to create mixed Winters in which new housing units could be constructed at de es that would generally replace the units that would not be to provide incentives to cluster ho residents and seniors while pre undeveloped greenspace areas. A zoning would provide for ample n in a way that preserves the greensr housing types and unit costs. ,Table 10 Based On more rural areas, and crerdable housing for open spa the remaining in the table 1e the proposed Ing construction uld do it is while providing{ or a range of Proposed Total Total Develope� „ .:, Pratasiy Totaea Total Area Total Potential Residential and Zoning Existing Areas With Conservation ry tected Under Buildable New Mixed District Develgp6d Subdivision areas (2) ` ds (3) Conservation Land -20% Dwelling Residential Area (1) Area (acre Potential(acres) (acres) Easement (4) (5) (acres) Units (6) Zoning Districts (acres)(acres) ; (acres) R 4A 1,731 606 496 38'3 0 0 792 198 R -2A 3,435 90185 612 0 0 2,358 1,179 R -1.5A IIV 0 v 03 3 0 0 0 136 90 R-20 s , 10 49, " 9,879 2,551 682 0 6 1,982 4,318 R -M 593 ,.395 375 66 0 30 302 1,812 R N 25 2 F. 2Q0, 18 0 0 0 0 2 86 9 610 R, ATC (7, 9) 176 195 157 " 34 54 0 0 0 195 (10) 348 CHCO (7, 9)73 0 0 0 0 73 (10) 292 MHC (7, 9) 4 42 0 6 0 0 50 300 SPC (7, 9) 7" (1 0 4 0 0 62 372 HRD (8) 16h; 167 0 0 0 60 (11) 550 RRH 14 w=`0 14 0 0 0 14 11 56 TOTALS 17,198 4,489 1,825 1 0 36 5,841 10,134 (1) Dependent on water/sewer ailability. This analysis assumes no availability. (2) Includes steep slopes >=20%, 100 -year floodplain and NYSDEC wetlands with 100 -ft. buffers. State and Federal wetlands, water bodies and streams were also considered absolute constraints to development. (3) This column is zeroed out due to overlap with features in the primary conservation areas. (4) Conservation easements may not include the whole parcel. (5) -20% is the general allowance for roads, drainage, and other design accommodations. (6) Numbers reflect the mapped residential build -out potential. (7) Mixed commercial and residential uses are required reducing the amount of land available for residential use. (8) A density of 1 unit per each 0.28 acres is assumed for the HRDD. (9) Within the centers the calculation assumes re -development of existing, fully developed lands. (10) No deduction for infrastructure taken because the area is already developed. (11) The amount of land devoted to residential and mixed residential uses in the HRD zone is assumed to approximate the land area of the residential centers. Original data source: Dutchess County Environmental Management Council GIS Lab Page 96 Town Plan Public Review Draft August 22, 2007 b) As shown in the table above the realignment of the residential and mixed use zoning districts would reduce the overall gross potential build -out by 6,782 units (see Table 2 of the Town Plan). However, this figure represents a conservative number since the actual residential development densities in the mixed use centers may be higher depending on the actual amount of land devoted to non-residential uses in the centers. In addition, the above build -out figure does not take into account the potential for a 100% increase in the total number of residential units that might be constructed if developers would take advantage a�;he incentive densities. If all of the developments in the proposed R F4, the'° R -2A, the R -1.5A, and the R-20,000 districts took advantage of 4"' ull incentive densities an additional 1,467 units could be built. Thi dlff`ere�ce is that the potential residential build -out is achieved using a �smpact si either within a cluster subdivision or as a compact design within a use center or a multi -family zone. Further, the increase in pot residential development densities under. the 'Proposed zoning woul ` lresult in the preservation of open space land, streams, water bodies, and -forested areas, while providing for a mix of housingtypes including set -asides for workforce housing and, senior housing. The use of compact Traditional Neighborhood Design n the mixed use centers would also result in the creation of a mix of housing types, such as single family detached, single family attached, condominiums, and apartments within a compact village - like setting., it should also be "noted'that the total amount of acreage available' for;, :residential developmed under the proposed zoning amendments is slightly more than the "Total Buildable Land" acreage under the'2005 build -out scenano-presented in Table 2 of the Town Plan. The. build -out figure also does not take into account the incentives for creation of dwelling units located above ground floor and second floor commercial. spaces in the Salt Point and MacDonnell Heights mixed use centers. " These units would not be counted against the maximum residential dwelling' unit density for the district in order to ensure their creation as an affordable housing option within the centers, and to help establish the residential densities required to sustain the commercial comuonents of the new mixed use centers. d) The greatest impact on residential land development would be felt mostly in the areas that are currently zoned for one acre (R-45) and the one-half acre (R-20,000) districts. Overall the total number of units that might otherwise be built in these areas would decrease by as much as 4,534. However, as noted in the table this decrease in housing availability would be off -set by the introduction of high density residential uses in the mixed centers proposed at Salt Point Turnpike, MacDonnell Heights, and Crown Heights where residential uses are currently not permitted, or are only allowed at extremely low densities. e) In addition to increasing the number of potential residential units in areas Page 97 Town Plan Public Review Draft August 22, 2007 where they are either not currently permitted or where the development densities are constrained (i.e. the CHCO, MHC, SPC districts) the proposed action would encourage the creation of workforce and senior housing throughout the town. The potential impact of the general up - zoning of the current R-45,000, the R-20,000, the R-15,000, and the R- 10,000 districts would be mitigated by providing housing opportunities in the high density mixed use centers. The provision of additional housing opportunities would achieve the Town Plan goal of housing affordability and housing choice while preserving the remaining open space areas of the town, and the character of existing single-famil neighborhoods. The Town Plan and its implementation would pr ti",,. -Affordable housing while revising residential lot size and density s ,oviding design guidelines and substantial buffering between res' - t and commercial uses. Implementing the recommendations w, the m Plan through the proposed zoning amendments wo vd severas'tive cumulative impacts including the presery n of single- eighborhoods, improved community aesthe enhan' d neighborhoo afety and preservation of open space and n 1 fem s. As resin no adverse impacts associated with housing and tion is anticipated. f) It is possible that imI entation of the Plan recommendations as proposed would redu ount of p i taxes that would be generated by additional ntial dev ment. Furthermore, the rendering of smaller pre- sti els nonconforming within improve stricts ma effec ent special assessments (for ex amp N "a d lighting tricts). Ssuming a median home price of $26 .00 (s ection II. f the Town Plan), and an applied 2007 Town ou a sie unifo ercentage of value rate of 44.50 the median as tilling unit would be $119,705.00 which wcsuId genera bounty of $690.69 per year, and Town taxes of $839i32�(home d) or $1,307.18 (non -homestead). Depending on the school district in such a unit is located the school taxes could range from a lower $2,7 .82 (Wappingers CSD homestead rate of $22.98 per thousand) to high of $7,527.05 (Spackenkill UFSD non -homestead rate `f$62.88 ped thousand). The wide disparity in tax potential per dwelling units" is higy dependent on the type of unit (i.e. single family attached, townxome, condominium, apartment, etc.) and school district within which °ihe unit is located. In addition, the creation of mixed use centers will also affect the assessed valuation of new units as the value of living in a compact community setting is realized by new purchasers and pricing of new units within the centers is established by the market. The commercial uses within the mixed use centers will also generate new tax revenue in an amount that is dependent on the amount of new commercial square footage constructed. Given that the build -out of the new centers would occur over a multi-year period, and that the above noted tax assessment for a median single family home is based on the 2007 tax year, it would be purely speculative to analyze the town -wide tax effect of the new zoning Page 98 Town Plan Public Review Draft August 22, 2007 out to the year of complete build -out except to note that as new commercial and residential units come on-line they would need to be taxed at a rate sufficient to off -set the additional costs (i.e. emergency services, utility and transportation costs, etc.) of such development. It should also be noted that under the worst-case residential build -out as set forth in Table 2 of the Town Plan the difference in tax revenue from the proposed development densities as set forth in Table 10 above is highly dependent on the off -set from taxes generated by the commercial uses in the town centers. However, assuming that there is a potential for a tax "loss" (i.e. the difference between taxes generate under the worst-case build -out scenario and the proposed build -outs fl) this loss would be more than offset by the avoidance of potent dverse impacts to traffic, population, schools, and the environmenthe potential taxes from commercial development located wle commercial and mixed use centers. Under such a scenario the fir artments would receive less in tax revenue with the Proposed Action tha`with the worst- case build out scenario, but they would not have to ret~'`as many additional volunteer firefighters to 'serve their districts. Tho decrease in future development would likely result in fewer additional calls for service to the Fire Departments and Police Department. The school districts also would not receive as much tax revenue However, they would not be impacted by a large and uncontrolled influx ofscliaol children during any one tax year. g) As noted above the long term and the short term impact on community character W'ouk be positive.' The Town of Poughkeepsie has long been experiencing residential and commercial growth. Long time residents and more recent residents are drawn to the Town because of its high quality of life, convenient services, and community character. The intent of the .Poughkeepsie Town Plan and related Zoning Law and Subdivision Law amendments is tip protect those factors that make Poughkeepsie an attractive place to live and work. The Plan as implemented through the proposed6ening Law and Subdivision Law amendments achieves this NOUN'through a balanced approach that focuses development in specific '446tions, conserves open spaces and working landscapes, and encourages ect'rlomic development. In addition, the Plan considers the fiscal resnonsiblity associated with its recommendations. h) By fdcusing development that is appropriately scaled and designed in the centers, for example, the Town can expand its economic base while maintaining the character of its less developed areas. The use of cluster subdivision design can also serve to protect community character while allowing for continued residential growth. The zoning amendments include design guidelines for each zoning district, and illustrated design guidelines for the Town Center and the general commercial districts. The design guidelines are intended to address concerns raised during the comprehensive planning process about the aesthetic quality of development and its impact on community character. The guidelines will Page 99 Town Plan Public Review Draft August 22, 2007 provide the Planning Board and potential applicants with a better understanding of what is desired in terms of new development in the community. U) Potential Impacts of the Incentive Zoning Provisions 1) In designing a plan to award additional residential density (see §210-76 of the proposed Zoning Law), the Town has made a determination that such awards should be limited to the R -4A, R -2A and R -1.5A zoning districts rather than be applied throughout the town. The reason for this is that the general town - wide up -zoning was previously determined to have ntially adverse effect on housing availability and affordability in the u oned areas. The primary mitigation for this potential impact is to re uch of the residential density into the mixed use town centers a ut o "greenspace" areas. However, despite the increase in alio, akale ousing sity in the town centers it was recognized that not all o e reductions in ' ng availability could be made up by increasing the allowable residential de ithin the confines of the mixed use town e , Thea xis also a need + " increasing 10 the allowable housing densities in the R-4A�' and R -1.5A areas to off -set the potential impact on housing availabili arld to ensure that a range of housing types are capabl being create Within the market place. The incentives are designed t W additional residential density to meet potential housing demand o ide R ,:down centers, while also providing a mechanism to encourage the creats+=n'°'r rc(able workforce and senior housing oppo ,„ s and presq'Irf, open spe. As noted above, under the proposed oning the totsotentlal number of additional incentive dwelling its is 1, , which is approximately 14% of the total number of "Potential o D 3, Units" tl, could otherwise be constructed (see �e Table 10 above a uId be noted that this number of additional n�dwellin Rs wo not be located in any one area, but would occur in the Tema' uildable land in the R -4A, R -2A and R -1.5A districts. lk The fact thaiese ad nal incentive units would be dispersed across the 13,286 acres o remannixlg buildable land in the -4A, R -2A and R -1.5A �, distracts meansfAhat the potential environmental effects would not be concentrated 1 'any one single area, thereby simplifying the process of deslgrli site 1 pecific mitigation for the additional units. 2) As previously noted the additional residential densities available through the incentive program comprise only 14% of the total number of potential new units under the proposed Zoning Law. Under the proposed Zoning Law the total number of potential new dwelling units is calculated to be approximately 6,782 fewer units than could be constructed under the current Town Zoning Law. In designing the incentive program the town has made a determination that such incentives are necessary and desirable to obtain benefits for the town in the form of open space preservation, affordable housing, historic preservation, and recreation land while encouraging compact design (i.e. clustering) of the units and the creation of affordable housing for families and Page 100 Town Plan Public Review Draft August 22, 2007 senior citizens. Although the original basis for clustering of residential development may well be the preservation of open space or some other defined resource(s), experience has shown that clustering of homes has the effect of reducing the overall cost of developing residential communities. Such cost savings arise as a result of:: ♦ Fewer linear feet of constructed road. ♦ Fewer linear feet of constructed water and sewage disposal line. ♦ Less subsidization of road and utility maintenance. The cost savings for implementation of compact development design is quite dramatic as shown in the table below. Table 11 �om act Subdivision Design versus Traditional Subdivision Design' Area of Savings Annual Savings pejr 1C)ivelling Total Savings over'; 25', All land (acres) $0.124 � N'" $3,099,000 e Land cost $619.79 $15,490,000,000 a Agricultural land acres :Q,�,$0.0694 =�� $1,735,000 Frail environmental land $852,000 Local roads lane miles �; ,' $0.0036 $91,000 Local road costs: $1,325.08 $33,130,000,000 State roads (lane miles) Al 4 ,E- e $0.0001 $3,000 State road costs m "`` $106.49 $2,660,000,000 Y Waterlaterals # $0.0902 $2,255,000 Water lateral` costs $185.52 $4,640,000,000 Housing costs $5,791.78 $144 790,000,000 Non residential costs $861.25 $21,530,000,000 Fiscal imnacts $964.02 $24,100.000,000 TOTALS This table is a consolidation of results taken from New Jersey, the Delaware Estuary, Michigan, South Carolina and Florida applied to an assumed national 1. Smart Growth: More Than a Ghost of Urban Policy Past, Less Than a Bold New Horizon, by Robert W. Burchell, David Listokin, and Catherine C. Galley, Housing Policy Debate, Volume 11, Issue 4, Fannie Mae Foundation 2000, p. 828. 2. Amounts expressed in 1999 dollars, per residential unit multiplied by 25 million units for U.S. growth from 2000 to 2025. Page 101 Town Plan Public Review Draft August 22, 2007 growth of 25 million housing units over the next 25 years. The results, are taken from a variety of locations including slow and fast growth states, rural and developed locations and large and small municipalities. They are therefore representative of the existence of cost savings attendant with concentrated development. These results are similar to those reported elsewhere such as a 1997 study prepared by the Southeast Michigan Council of Governments ("SEMCOG") entitled, "Fiscal Impact of Alternative Land Development Patterns in Michigan ". That Study examined 18 communities of varying sizes and geographic settings in southeast Michigan to determine the differences in land consumption and costs form tructure and municipal services resulting from alternative developme grns. The Study compared the impact costs of conventional density single family development with more compact, higher den ": ,lopment coupled with open space preservation and a diversity, of ousm'es. Findings were measured in amount of land consumed;,; infrastructure rN ements; housing costs; and the ratio of cost to revenue .iinpactrcto the munic 'es and school districts. Based on these findings,, itis. clear that the use of ct housing design,as encouraged b the incentive rovlsi ns, alongwith tl set-aside of affordable (i.e. workforce) housing unix would result in the creation of cost efficient housing with swings capable of being easily passed on to end consumers. 3) The Town of Poughkeepsie igfh nost populous town in Dutchess County. It has a well developed roadwa systel% arld provides central sewer and water supply services to most of It residents , e Town provides emergency services thrciugh f & payer fundii* and is also served by four separate public f school districts offering quality education. The infrastructure of the Town is generally considered�';V adequate to accommodate these additional incentive dwelling units.. ivithout�generating additional traffic or population that may sties ay. able services. Ifshiiu d also be noted that the incentive provisions 40" � encoura �e preservation of open space and the clustering of dwelling units in land areaat do not have significant environmental constraints. The ,provisions of "i Zoning Law and the Subdivision Law would prevent the siting of any 4' the by -right or the inventive dwelling units in areas constrained by Wetland, watercourse, steep slope, or ecological constraints. The ai%�' ionalncentive dwelling units are therefore deemed compatible with the deve pment, and the level of development, otherwise permitted under the proposed, Zoning Law. The determination to include an incentive provision for additional dwelling units is an explicit acknowledgment that there are no significant environmentally damaging consequences associated with implementing the incentive plan. 4) Although the town has determined that the additional incentive units are generally compatible with the natural and man-made environment of the town, the implementation of the incentive dwelling units on any parcel of land would only be limited as necessary to mitigate adverse environmental impacts associated with the additional residential densities on a site specific basis. In other words although the ability to utilize one or more of the bonus provisions Page 102 Town Plan Public Review Draft August 22, 2007 to obtain additional residential densities is at the discretion of the developer and not the town, the additional units must still be proven, on a case-by-case basis, to be environmentally viable through a project specific environmental impact review under SEQRA. Under this analysis the designated lead agency (most likely the Town Planning Board) would probably analyze the environmental impacts of a project: 1) without the additional residential density; and 2) with the additional residential density as an alternative. This would result in a better understanding of the incremental impact of the additional residential units and allow the lead agency to impose mitigation as may be necessary to avoid and minimize adverse environmental impacts. Such an analysis is also required under §261-b(3)( ,Town Law. Under this scenario the lead agency would be expected�xamine the impact of the additional incentive dwelling units on such thing a a) The operating level of services of local roads and Ictions; and z, b) The flora, fauna and other ecological attributes of the sltc� c) The provision of water supply and sewage disposal; i d) The wetland and aquatic resources of the site; e) The viewshed charactcrlstics of the site. V) Alternatives 1) No Action Alternative. a) Not adopting the Poughkeepsie Town Plan and Zoning Law and Subd-A'sion LavV ,amendments; while an alternative that the Town could consld�irT ass nof'the Dreferred F lternative. The Town has devoted a significan "ffi olffi bf time and energy into developing a plan that reflects the needs ani desires otV 11 residents, while providing economic sustainability to the foreseeable future. This proposed Plan and the zoning and sub clivlsion regulations represent the results of an extensive public involvement-processfto the greatest extent possible, the Plan as proposed provides a balance of resident needs and desires. Alterations to the Plan at this time may unset the balance that has been achieved. b) The No Action Alternative would not further the Town's goals and would prevent the Town from achieving its full vision for the future. While existing federal, state and local regulations could be sufficient to protect natural and cultural resources, the benefit of the Poughkeepsie Town Plan is that it suggests a manner in which the Town can grow, while still enhancing community character and protecting the Town's valuable resources. The proposed Zoning Law and Subdivision Law support this vision and provide the specific tools to achieve it. The absence of a plan, a program for implementation, and amended zoning and subdivision regulations would place the Town in a position of reacting to development instead of being proactive in its efforts. Page 103 Town Plan Public Review Draft August 22, 2007 2) Limited up -zoning of greenspace areas, attractive bonus incentives, and compact centers. a) This alternative would result in the R-45,000 areas being zoned for four acre minimum lot sizes, and the greenspace R-20,000 and R-10,000 acre parcels being zoned for two acre minimum lot sizes. The available incentive densities would be up to 100% of the potential unit count for any one development. The residential densities in the Arlington, Crown Heights, MacDonnell Heights, Salt Point and Rochdale Road centers would also be capped at four to six units per acre. b) This general description is the alternative under ,:I,consideration. The implementation of the Town Plan under thus alternative offers the best balance of compact commercial and 21111 jesidential-commercial development concentrated in the centers, Re perving the open spaces of the identified greenspace area s altem a would provide diversity in housing types and cos while encouraging F establishment of neighborhood scale and 1 ed regional commercial .development. This alternative would provi e t ost Fres'pect opriate balance of properly scaled growth and economic deve o . for property owners, open space protect' n, and recrea opportunities, as well as enhancement of co character. Th6° ortance of this balance has been expressed by To s and is refs 'Zor the vision and goals in the Plan. This alternat ew er the.; goals and assist the Town in taking the necess st t its vision. Therefore, this is the Dreferr alternative. 3) Significant.; up-zoii of green ace areas, limited incentive densities, limiteresr\ ential uNes in the cen a) This altenv w41 the R-45,000 areas being zoned for five acre mmimuA sit sizes, ari "the greenspace R-20,000 and R-10,000 acre parcels being zon fo three acre minimum lot sizes. The available incentive densities U, d be limited to 20% of the potential unit count for any one development. The residential densities in the Arlington, Crown Heights,M,a onnell Heights, and Salt Point centers would also be capped to two or three units per acre. b) Under this` scenario the future availability of a range of housing types at affordable rates would be constrained. Although the amount of preserved greenspace area would be significant, this type of zoning would encourage the development of large scale single family housing almost to the exclusion of other housing types. The limited range of housing types would cause the market to put a premium on the available housing that could potentially cause lower and moderate income families to seek housing opportunities outside of the town. In addition, the low rate of return for incentives would likely cause developers to effectively ignore the potential additional incentive residential units, and no workforce or senior housing is likely to be created. Similarly, in the centers the Page 104 Town Plan Public Review Draft August 22, 2007 development pressure would favor the creation of additional retail space, as opposed to neighborhood scale mixed residential and commercial space, thereby defeating the purpose of the town center zoning. 4) Up -zoning greenspace areas with no incentives. a) This alternative would result in the R-45,000 areas being zoned for three acre minimum lot sizes, and the greenspace R-20,000 and R-10,000 acre parcels being zoned for one acre minimum lot sizes. There would be no incentive densities available, and the areas that have been identified as centers would remain zoned for highway business, shopping center business, office research, and commercial use. b) Under this scenario the market would likel st to simply build single family residential dwellings thereby limitg th a and cost of housing for the future. Without appropriate incentives arket would likely ignore the construction of workforce and senior housm at least without other types of government tax incentives. Commercialdlopment in the I"" town would likely concentrate on retail uses putting addition�rp essure on the local transportation network. 5) Significant up -zoning of greenspace areas, limited incentive densities, expand the center districts and allow high density residential uses in all districts. a) This alternative would result in the R-45,000 'areas being zoned for five acre minimum lot sizes, and the greenspace R-20,000 and R-10,000 acre parcels being zoned for three acre minimum lot sizes. The available incentive densities would be limited to 20% of the potential unit count for any one development. The residential densities in the Arlington, Crown Heights, MacD©n , I Heights, and Salt Point centers would be set at eight LW z elve units per acre; and residential uses would be allowed in the So��IR1,l1s and Fairview Center districts. b) Under thscenario the future availability of a range of housing types at 1 affordableyMifes in the greenspace areas would be constrained. In fact, this bk type of zord g would encourage the development of large scale single ly housing almost to the exclusion of other housing types. This lack 0 A , sing`" diversity in the greenspace areas would create pressure to de, Thw_,,411ghdensity housing in all of the centers, thereby jeopardizing the balance of commercial and residential uses within the centers that the Town Plan policies encourage. It is likely that the centers would become essentially a multi -family residential zone to the exclusion of commercial development. 6) Limited up -zoning of greenspace areas, attractive bonus incentives, and compact centers. a) This alternative would result in the R-45,000 areas being zoned for four acre minimum lot sizes, and the greenspace R-20,000 and R-10,000 acre parcels being zoned for two acre minimum lot sizes. The available Page 105 Town Plan Public Review Draft August 22, 2007 incentive densities would be up to 100% of the potential unit count for any one development. The residential densities in the Arlington, Crown Heights, MacDonnell Heights, and Salt Point centers would also be capped at 4 and six units per acre. The limits of the mixed use centers would also be expanded to include additional land areas. b) Under this alternative a balance of housing types and costs would be achieved along with the preservation of the greenspace areas of the town. Mixed residential -commercial use and commercial use centers would be established, but the boundaries of the mixed use centers would be enlarged to include additional land area. In the Crown H is Center this would mean incorporating additional land area on th est side of Route 9 north to IBM Road, and on the east side of R to include parts of the Casperkill Country Club. In the Salt Po' Ce n additional land would be included in the center on the north side c Bede z'y - d. c) The expansion of the Crown HeJ, ` is and the Salt centers would achieve the desired balance ousing hypes and nel rhood scale commercial development, bu w also s -crease the to number of potential housing units since the Ian wo d be addeto the centers is zoned for non -re 'dential or low ity residential use. Such an expansion could easil ccomplished� a context of a high density compact center and ease the a i3 number and type of housing units availableth Although this alternative is not required in order to obta a economic growth, housing availabllt-quality of set fo the Town Plan, it could be easil accomm wed as a fa plan change. W) Growth Inducemeent 1) The"' proposed ad' S" in and Mitself will not result in any direct impacts. Potential indirect im ;pacts relate to a general reduction in residential densities that would only, be 1n3BRased by providing set -asides of open space land, affordable housing, and"°historic preservation. Corresponding impacts from a reduction in future density would include a reduction in future additional residential and truck traffic, population, site disturbance, school children, and impacts to emergency service providers and environmentally sensitive areas. 2) The proposed action would generally limit the amount of growth permitted in the greespace areas of the town, while providing inducements to create housing and commercial development in the centers. However, this action in and of itself is not anticipated to induce additional growth. X) Unavoidable Adverse Impacts 1) An unavoidable adverse impact from the proposed action would be that some currently conforming properties would become pre-existing nonconforming. However, in the case of legal, conforming properties in the R-10,000 and the R-15,000 districts, the up -zoning to R-20,000 would be accomplished by Page 106 Town Plan Public Review Draft August 22, 2007 providing a special "grandfather" clause for such properties, whereby expansion of existing homes could be accomplished without the need to obtain area variances provided certain specific criteria are met. This provision will protect existing homeowners from the more stringent effects of the new zoning requirements while requiring that undeveloped lots in the consolidated R-20,000 district be brought into conformity with the new regulations. 2) The anticipated benefits from the proposed action such as reducing future potential impacts to traffic circulation, schools, and the environment would likely outweigh adverse impacts. Y) Irreversible and Irretrievable Commitment of 1) Implementation of the proposed action resources. To the extent that the proposed resources relating to building and dev resources include, but are not limited to: and topsoil. The operation of consrti c consumption of fossil fuels, while com electricity in addition to fossil fuel use seeks to limit the amount of future advc andur including the irreversible etrievabl4 Z) Effects on Use and C 1) Any new The associated wit gn elopment will b& concrete, asphalt, y cause a loss of -1velopment, certain "committed. These steel, timber, paint would .involve the velopments wound require proposed action, however, As associated with growth, nent of resources. occurring' as a result of the proposed action will resourced ;for residential or commercial power needs. however, ;seeks to limit future adverse impacts including th.£-additional use of energy. Page 107 Town Plan Public Review Draft August 22, 2007 ► A, Page 108 Town Plan Public Review Draft August 22, 2007 Maps Concept Design Alternatives The following maps depict design alternatives for select areas of the Town of Poughkeepsie, and are intended only to provide guidance as to how to achieve a unity of design that integrates planning for pedestrian -motorist movement, and planning for a compact residential -commercial uses. They are not representative of the actual zoning districts, allowed uses, or lot requirements for the properties depicted, but are illustrative of the design guidelines set forth in the Greenway Compact for various types of zoning districts. Page 109 Town Plan Public Review Draft August 22, 2007 Legend: ® 20 % And Above Steep Slopes Floodplain Forest Map 1 Natural Features Poughkeepsie Town Plan 1 Inch =1 Mile July 2005 Draft .e1.. .i ji � ^. F gi aA'� 1pf� r, �' +/G= * 1. •.• �: Y ` f .r Ct`�•• Y Legend: ® 20 % And Above Steep Slopes Floodplain Forest Map 1 Natural Features Poughkeepsie Town Plan 1 Inch =1 Mile July 2005 Draft ^. F 1pf� Legend: ® 20 % And Above Steep Slopes Floodplain Forest Map 1 Natural Features Poughkeepsie Town Plan 1 Inch =1 Mile July 2005 Draft * o " Map 2 Water Features Poughkeepsie Town Plan July 2005 Draft • Inset • city of N Vii" y 1 ..._.....,_ E t C., \ s F S y'• . ��tiiiv .r °� r� lid Name U.i " 1 Hudson River Psychiatric Center OsiePar�� L 2 Rosenlund Estate Buildings 3 Vassar College Observatory rFIAIGH'TrAVIs- . .•,,J _ t: 4 Vassar College Main Building �F 1 5 Maple Grove 6 Locust Grove (Samuel F.B. Kbrse House) 7 Adolph Brower House 8 Abraham Brower House 9 Union Free School nw— "GrY' 10 Stone St. Historic District 11 Main St. Historic District 12 Shay's Warehouse & Stable F 13 William Shay Double House22 ` 14 Zion Memorial Church 15 132 Sheafe Rd e 7 - 16 2228 South Rd - Abraham FortHouse 17 27 Hornbeck Ridge 18 6 Greenvale Farms Rd . ," 3PAGKENKILL%RG '� i, 19 110 Overocker Rd mak. =3 20 925 Dutchess Turnpike r 21 579 Dutchess Turnpike - 22 Kimlin Cider Nill 1e 23 202 Spackenkill Rd - Westervelt House 1 3ffl y✓ f .1 r l� <t1z New Hamburg ,3 I N Local Landmark Legend: Local Trails Proposed Greenway Trails Parks Golf Courses Map 4 Parks, Trails & Recreation Poughkeepsie Town Plan 1Inch =1 Mile July 2005 Draft Legend: 0 Hospitals ® Fire & EMS Stations` Police Stations State Roads County Roads Map 5 Emergency Services Poughkeepsie Town Plan 1 Inch =1 Mile July 2005 Draft {K:U N� w l'� r rl tests a a \ � ' `_ T�p y�X,ID MME 1 Dutchess County Community College rV 1� 20 \51 2 Wrist College '� 't�� 74 L &� 3 Vassar College City of Poughkeepsie o-t 4 Arthur S. May Elementary School 2sk �3• 5 Violet Avenue Elementary School .`"1` y 6 Vassar Road Elementary School 3 ' 7 Sheaf Road Elementary School 1 „ �\ 8 Oak Grove Elementary School " + �j, 9 ICnry Road Elementary School 10 Orville A. Todd Middle School 1kr 11 Spackenkill High School J..12 Hagan Elementary School 13 Nassau Elementary School 14 Arlington Middle School ii-w� 15 Rehab Programs School \� 16 Holy Trinity School 10 s' , '2t 17 Oakwood Friends School �m , 18 Our Lady of Lourdes High School a 22 , r� 19 Poughkeepsie Day School 7 i� 1 20 Poughkeepsie Seventh Day Adventist 21 St. Martin DePorres School 22 faith Christian Academy ID NAME 23 Arlington Branch Library 4� �? � ` '�' Legend: r \ Colleges Private Schools Public Schools Library Map 6 r,:u ' .�.��� � .� •tib' Educational _.: F Resources Poughkeepsie Town Plan i.. 1 Inch = 1 Mile JUIy 2005 de Draft 3'�+G fi spy+" 3� Legend: .. Lower Density Residential M Higher Density Residential Commercial Commercial/Residential Offices Industrial Extractive Industry ® Public & Quasi Public 3` Agricultural Map Existing Land Use Poughkeepsie Town Plan i Inch = i We July` 2005 Draft' F aP 1 Inch 1iilil 0777 �ii�p� :i Final GEIS Comments and Responses to the Draft GEIS Adoption of the Town of Poughkeepsie Town Plan, Zoning Law and Land Subdivision Law Lead Agency: Town of Poughkeepsie Town Board One Overocker Road Poughkeepsie, New York 12603 Project Sponsor: Town of Poughkeepsie Town Board One Overocker Road Poughkeepsie, New York 12603 Prepared By: LRC Planning Services, LLC 8 Morehouse Road Poughkeepsie, New York 12603 Page 2 Supplement to the Final GEIS August 22, 2007 TABLE OF CONTENTS Section PaLre I. Introduction............................................................................................. 4 II. Comments Received and Description of Document Setup ........... 6 III. Responses to Comments........................................................................ 7 A. Adequacy of the Draft GEIS Analysis .......................................... 7 B. Implementation................................................................................. 7 C. Water Resources...............................................................................9 D. Open Space.........................................................................................9 E. Incentive Zoning.............................................................................10 F. Up-Zoning.........................................................................................11 G. Town Centers...................................................................................12 H. Alternatives......................................................................................12 I. Miscellaneous Comments.............................................................15 IV. Matters to be Decided..........................................................................15 WrittenComments Received........................................................... Appendix A PublicHearing Transcript...............................................................Appendix B AdditionalCorrespondence.............................................................Appendix C Page 3 Supplement to the Final GEIS August 22, 2007 Final GEIS Comments and Responses to the Draft GEIS Adoption of the Town of Poughkeepsie Town Plan, Zoning Law and Subdivision Law I) Introduction The following are the responses to comments received during the public comment period on the Draft Generic Environmental Impact Statement prepared for the proposed Poughkeepsie Town Plan, the Zoning Law, and the Land Subdivision Law amendments. The full text of the Final Generic Environmental Impact Statement (FGEIS) may be found in Section V of the "Poughkeepsie Town Plan" document. As explained in the DGEIS the Town Plan also serves as the generic environmental impact statement analyzing the potential effect associated with the adoption of the proposed Town Plan, Zoning Law, and Land Subdivision Law. This document, entitled `Final GEIS Comments and Responses to the Draft GEIS" is a supplement to, and is hereby incorporated by reference within, the Final GEIS'. Collectively, this document and the Town Plan comprise the Final GEIS and hereafter are referred to as such. This Final GEIS has been prepared as directed by the Town Board of the Town of Poughkeepsie as the Lead Agency and has been prepared in accordance with the requirements of Article 8 of the Environmental Conservation Law, the "State Environmental Quality Review Act" (SEQRA), and the implementing regulations in 6 NYCRR 617. This Final GEIS responds to the written comments received during the public comment period on the Draft GEIS that commenced on May 25, 2007 and closed on July 9, 2007, including comments received at two public hearings held on June 13, 2007 and June 27, 2007. It is important to note that the public hearings on the Draft GEIS were held simultaneously with the public hearings on the draft Town Plan, the draft Zoning Law, and the draft Land Subdivision Law. Although the public hearing on the Draft GEIS was closed on June 27, 2007 the public hearings on the draft Town Plan, the draft Zoning Law, and the draft Land Subdivision Law remained open thereafter. As a result, this Final GEIS responds only to those comments pertaining directly to the Draft GEIS, because at the time of acceptance and publication of this Final GEIS the pubic hearings on the proposed Town Plan, Zoning Law, and Land Subdivision Law remained open and subject to additional public comment. Further, the Town Board may chose to consider additional public comment as amendments to the draft Town Plan, draft Zoning Law, and draft Land Subdivision Law. Depending on the significance of such additional amendments a Supplemental Draft Generic Environmental Impact Statement may be required. Responses to each of the substantive comments received concerning the Draft GEIS may be found in subsequent sections of this document. Each of the responses serve to clarify, supplement to the extent necessary, and provide specific answers to the relevant topics discussed in the Draft GEIS. Where necessary to clarify or amend the text of the Draft GEIS, the Town Plan, and more specifically Section V of the Town Plan, have been revised accordingly. The "action" examined in this Final GEIS is the adoption of the Town of Poughkeepsie Town Plan, Zoning Law, and Land Subdivision Law. Implementation of the goals expressed in the proposed Town Plan would generally take the form of, among other changes: 1) Changes to the location of residential and non-residential zoning district boundaries to limit or eliminate land use conflicts; 2) Changes to the proposed Zoning Map to introduce commercial and mixed use town centers and hamlet centers as a new type of district and to encourage the creation of high 1. See also Section V of the "Poughkeepsie Town Plan". Page 4 Supplement to the Final GEIS August 22, 2007 density residential and commercial developments within the mixed use center and hamlets in order to preserve identified greenspace areas within the outlying undeveloped areas; 3) Consolidating residential districts to simplify the Zoning Map and the designation of residentially zoned areas; 4) Amending the permitted uses in the existing business and residential districts to eliminate potentially conflicting land uses; 5) Introducing design standards to be applied to all applications in the residential and non- residential districts to achieve a unity of design and cohesion between the movements of pedestrians and motorists; 6) Introducing mandatory clustering of residential units; 7) Introducing the use of incentives to allow a developer to obtain additional residential density in return for specific benefits to the Town. All descriptions, comments, evaluations and recommendations regarding potential environmental impacts, and their significance, are based on data available at the time this Final GEIS was printed. This Final GEIS complies with the requirements of SEQRA as to scope, adequacy and content. It addresses the reasonably anticipated adverse and beneficial environmental impacts that may be generated by the proposed application. Date Final GEIS Accepted As Complete: August 22, 2007 End of Final GEIS Consideration Period: September 4, 2007 Page 5 Supplement to the Final GEIS August 22, 2007 II) Comments Received and Description of Document Setup The following responds to comments received regarding the Draft Generic Environmental Impact Statement (Draft GEIS) prepared for the proposed amendments to the Town Plan, Zoning Law, and Land Subdivision Law (collectively "Amendments"). This document responds to the comments received during the public hearings on the Draft GEIS that were held on June 13, 2007 and June 27, 2007, and to the written comments received by the close of the public comment period on July 9, 2007. Copies of the written comments received on the Draft GEIS are reproduced in Appendix "A' of this document and a copy of the Draft GEIS public hearing transcript is reproduced in Appendix `B". Copies of Non-DGEIS correspondence commenting on the draft Poughkeepsie Town Plan, draft Zoning Law, and draft Subdivision Law are reproduced in Appendix "C". Each of the substantive comments received have been categorized according to the nature of the inquiry, and are identified by letter in accordance with the following topics: A) Adequacy of the Draft GEIS Analysis B) Implementation C) Water Resources D) Open Space E) Incentive Zoning F) Up -Zoning G) Town Centers H) Alternatives I) Miscellaneous Comments Comments concerning the same or similar topic have been grouped and responded to together in a summary restatement of the questions presented. The following is a list of the substantive written comments received. Each piece of correspondence has been given a letter designation in [brackets] which is used to identify the source of the comment as follows: Letter from Doreen A. Tignanelli dated July 8, 2007. [L1] 2. Letter from Jennifer Van Tuyl, Esq., representing Ginsburg Development Corporation dated July 9, 2007. [L2] 3. Letter from Jennifer Van Tuyl, Esq., representing Ginsburg Development Corporation dated June 27, 2007. [L3] The following persons provided testimony regarding the DGEIS at the June 13, 2002 public hearing: 1. None. All comments received at this public hearing directly concerned the draft Poughkeepsie Town Plan, the draft Zoning Law, or the draft Subdivision Law. The following persons provided testimony regarding the DGEIS at the June 27, 2002 public hearing: 1. Doreen A. Tignanelli, transcript page 17 - 21. The comments on the DEIS in the transcript of the public hearing proceedings are identified by sequential number with the transcript identified by the letter designation "PH". Page 6 Supplement to the Final GEIS August 22, 2007 III) Response to Comments A) Adequacy of the Draft GEIS Analysis Comment: A Final GEIS should be prepared. [L1 -1J Response: A Final GEIS which addresses the comments on the Draft GEIS has been prepared. Comment: The DGEIS has not sufficiently identified or mitigated potential environmental impacts of all proposed recommendations. [L1-2, L2-2, L2-3, L2-4, L2-5, L2-9, L2-11, L2-33, L2-34, L2-351 Response: As noted in Section V(A) of the Draft GEIS, 6 NYCRR 617.10 of the SEQRA regulations specifically authorizes the use of a generic impact analysis for the adoption of the proposed Town Plan, Zoning Law, and Land Subdivision Law. As noted in Part 617.10(A)(c) of the SEQRA regulation, "Generic EISs and their findings should set forth specific conditions or criteria under which future actions will be undertaken or approved, including requirements for any subsequent SEQR compliance. This may include thresholds and criteria for supplemental EISs to reflect specific significant impacts, such as site specific impacts, that were not adequately addressed or analyzed in the generic EIS." In this case the Final GEIS acknowledges that a generic analysis simply cannot explore the full range of impacts associated with the development of a project on any one site anywhere in the Town of Poughkeepsie, but the Final GEIS does set forth parameters for review of project specific impacts in light of the land use policies set forth in the Town Plan and its implementing regulations (i.e. the Zoning Law and the Land Subdivision Law). The Final GEIS also makes specific recommendations for further study of key transportation corridors such as Route 9, Route 9G, Route 55, and Route 44, and sets forth a timetable for the Town Board to consider amendments to other chapters of the Town Code regarding wetlands and watercourses, erosion and sediment control, and architectural standards for residential and commercial development. The Final GEIS also acknowledges the role of SEQRA in assessing the potential impacts of a future site specific development that may come before agencies of the Town. (See also Eadie v Town Board of the Town of North Greenbush, 7 N.Y.3d 306, 854 N.E.2d 464, 821 N.Y.S.2d 142 (2006)). Comment: The proposed population reductions are not supported by a legitimate planning rationale. The DGEIS does not provide an analysis in support of the up -zoning to 2 -acre and 4- acre densities. [L2-1, L2-5, L2-13, L2-35] Response: As noted in the Draft and the Final GEIS the primary thrust of the land use changes of the Town Plan are intended to push residential development densities toward the mixed use centers and away from the few large tracts of open space remaining in the town. The 2005 build out analysis performed by the Dutchess County Environmental Management Council indicates a high potential for dense development of these remaining open space tracts that could result in suburban sprawl. (See the discussion of Table 11 of the Final GEIS). Allowing for high residential densities (4 to 6 units per acre) within the mixed use centers, coupled with up -zoning of the Page 7 Supplement to the Final GEIS August 22, 2007 large tracts of open space (i.e. the designated "greenspace" areas) would ensure that the unique character of the greenspace lands, which are identified as significant features of the Town of Poughkeepsie, would be preserved to the extent practicable. In addition, the incentive density provisions would allow for up to a 100% "give back" of residential density, thereby lowering the effective residential zoning to 1 -acre and 2 -acre densities. Table 10 of the Final GEIS, and the discussion that follows analyzes the potential build out of the greenspace and the mixed use centers on housing availability. Comment: The analysis does not support the conclusion that traffic on Route 9 will get better, or that impacts to schools would be reduced. [L2-2, L2-4, L2-5, L2-6, L2-35] Response: As noted in the Draft and the Final GEIS build out discussion (see Table 10) the overall projected reduction in the number of potential housing units would effectively avoid traffic and school impacts associated with the units that could otherwise be constructed under the current zoning. No claim is made that traffic or schools would "get better" as a result of implementing the new Town Plan and the Zoning Law. Rather the focus is on impacts that would be avoided, whether related to traffic, schools, water, sewer, or general ecological considerations. In this regard there is no question that additional residential and commercial development would generate additional traffic on the major and minor roadways of the town, and that residential development would generate additional school age children. Here, the policies expressed in the Town Plan emphasize the preservation of the remaining large tracts of greenspace areas left in the town, by concentrating development in the mixed use centers, while increasing the minimum lot sizes for the remainder of the town — including the elimination of the former R-10,000 and the R-15,000 districts. The Town Plan is not an attempt to "role back" the character of the community in some vain attempt to create a rural town out of what is largely a suburban community. Rather its policies recognize that increasing costs for energy, road maintenance, and municipal and school services generate a need for a new model of land use and design for the town - one that emphasizes the use of compact design and preservation of limited natural resources. (See also FGEIS Table 11 in Section V(U)). Comment: The Town Plan does not analyze current and future economic trends including predictions as to population growth and demand for community services. [L2 -l1] Response: The common theme of the Town Plan and the DGEIS is the identification of the general short term and long term economic and population trends likely to be experienced by town residents. Like all such analyses these trends are identified primarily through empirical evidence of past trends. In this case, an exhaustive economic analysis is simply not required. (See discussion above regarding the use and the purpose of a Generic EIS analysis). In fact, the DGEIS includes a discussion of the potential demand for community services and the likely tax effect of implementing the Town Plan policies. Page 8 Supplement to the Final GEIS August 22, 2007 B) Implementation Comment: The Town Plan should include a plan to implement the policies to strengthen the wetland and water courses law and other environmental laws. [LI -3] Response: The Town Plan has been amended to provide a time table to consider additional legislation regarding signage, architectural standards, revisions to the Aquatic Resource Protection Law and the Erosion and Sediment Control Law, and a new Tree Preservation Law. Comment: The Town Plan should be amended to clearly identify that interconnection of roadways in new subdivisions to existing roads is the preferred policy. [L2- 32] Response: The language of the draft Town Plan is considered adequate guidance as to the use of interconnections versus cul-de-sac roads. In addition the draft Zoning Law and draft Land Subdivision Law have been amended to provide regulatory guidance to the Planning Board as to when an interconnected road should be used. C) Water Resources Comment: The DGEIS does not assess the potential impacts of the proposed zoning amendments on wetland resources because the current zoning code provides for the deduction of the 100 -foot wetland buffer from the buildable area. [L1-4, PH -21 Response: As previously noted the purpose of the Draft and the Final GEIS is to analyze, on a conceptual level, the potential environmental effects adoption of the Town Plan, the Zoning Law, and the Land Subdivision Law may have on the Town. As noted in Section V(A) of the Draft GEIS, "Generic ElSs may be broader, and more general than site or project specific EISs and should discuss the logic and rationale for the choices advanced. They may also include an assessment of specific impacts if such details are available... " In this case, of course, the GEIS is not intended to analyze the potential effect of any one project on wetlands, but it does identify mitigation for potential impacts to aquatic resources that would be required for all land development. Specifically, as noted in Section V(IT) of the Final GEIS it is acknowledged that the design guidelines of the new regulations would provide protection for water bodies and wetlands, and describes the process to "net out" constrained land areas from the calculation of buildable land. The calculation does not however, require that buffer areas be excluded from the buildable land for the simple reason that a legislatively determined buffer area (or setback) is not, by itself, an environmental condition or feature that must be avoided. (See also Forte v. Zoning Board of Appeals of the Village of Warwick, 150 A.D.2d 339 [2d Dept 1989]. Land that could validly be built on by issuance of a permit cannot be automatically deducted from the net buildable acreage calculation.) Page 9 Supplement to the Final GEIS August 22, 2007 D) Open Space Comment: The former Girl Scout property on Spackenkill Road should receive special regulatory protections to ensure that the open space is protected. [LI -5J Response: The former Girl Scout property, along with several other properties, is identified as a "Major Greenspace Parcel' on Map 8 of the Town Plan. Although the zoning density and design provisions of the proposed Zoning Law and Land Subdivision Law are considered adequate to ensure the long-term preservation and protection of these greenspace parcels, the proposed Zoning Law has been amended to include a "Greenspace Overlay District" which may, upon future Town Board action, be applied to any of the greenspace parcels. This overlay district would severely limit the density and development options of the greenspace parcels and its implementation would require a separate environmental review before such a designation could be made. The Town Plan also generally supports the designation of additional Critical Environmental Areas (CEA) and it may be that the referenced property may qualify for such designation. Of course the designation of a CEA is a separate action requiring a separate environmental analysis under SEQRA. Comment: The Town Plan and the DGEIS do not adequately address other strategies to save open space such as transfer of development rights (TDR) and fee simple acquisition. [L2-9, L2-10, L2-31] Response: The Town Plan does recommend exploring the use of TDR and the purchase of land and easements as a means of open space. The fact that, generally, the public may not want to use tax payer monies to pursue such strategies does not prevent or limit their use by the local legislative body. In fact, during the spring of 2007 the Town Board, on its own motion, determined that the expenditure of $150,000 to assist a local trust in acquiring land along the Hudson River near the Poughkeepsie Rural Cemetery was an appropriate use of public monies. There is nothing to prevent the Town Board from pursuing a TDR or a fee simple purchase strategy for a specific project provided there is an identified public benefit, and an environmental analysis is conducted. Comment: The language of the Town Plan in regards to the preservation of the Casperkill Golf Course is vague and should be strengthened. [L2-29, L2-30] Response: The Town Plan has been amended to identify the golf course as not only an important open space area, but an important source of outdoor recreation. In addition, the language in the draft Zoning Law in regard to "Incentives" (see §210-76) has been amended to clearly identify the importance of preserving a golf course as part of an incentive density subdivision plan. Comment: The Town Plan does not properly analyze the amount of parkland currently available against the stated policy that open space should be preserved. The Town already has parkland acreage far in excess of applicable standards. [L2-8] Response: The comment overlooks that parkland is not necessarily the same as "open space". And that not all open space is parkland. As explained in the Town Page 10 Supplement to the Final GEIS August 22, 2007 Plan open space, whether as municipally owned parkland or as privately owned land, is an integral part of the overall character of the Town of Poughkeepsie. The goals and policies of the Town Plan with respect to pushing development densities toward the designated town centers while up -zoning the remainder of the residentially zoned areas are intended to provide a platform for the long term protection of open space, while still allowing development of those privately held open space lands in a way that is protective of the community asset. Comment: None of the stated purposes for a cluster subdivision are clearly applicable to the Casperkill Golf Course. [L2-421 Response: The draft Land Subdivision Law has been amended to identify the preservation of a golf course as a primary cluster subdivision purpose. E) Incentive Zoning Comment: The incentive provisions do not adequately address the potential environmental impact associated with the potential new incentive dwelling units. [LI -7, L2-5, L2-12, L2-13, L2-34, L2-35] Response: The proposed incentive regulations hold the potential that a development may obtain a 100% "give -back" of residential density provided such development is able to provide several of the required public amenities. Not all such residential development will be able to do so. As noted in the discussion of incentive zoning in the Final GEIS the total potential number of additional incentive dwelling units is 1,467, which is approximately 14% of the total number of "Potential New Dwelling Units" that could otherwise be constructed (see Table 10 of the Final GEIS). In addition, it should be noted that this number of additional incentive dwelling units would not be located in any one area, but would occur in the remaining buildable land in the R -4A, R -2A and R -1.5A districts. The fact that these additional incentive units would be dispersed across the ±3,286 acres of remaining buildable land in the R -4A, R -2A and R -1.5A districts means that the potential environmental effects would not be concentrated in any one single area, thereby simplifying the process of designing site specific mitigation for the additional units. It should also be noted that the Final GEIS includes an analysis of the potential effects of these additional incentive dwelling units but also, as required by SEQRA, sets forth the parameters for additional site specific study of proposed development projects. (See FGEIS Section V(U)) Comment: The incentive for preservation of historic properties should include those properties designated as locally significant. [L2-271 Response: The Tier 4 incentive for preservation of historic properties has been amended to include properties listed on a local registry of historic places. Comment: The incentives should be `by -right". [L2-571 Response: The language of the draft Zoning Law has been amended to make it clear that the use of an incentive is solely at the discretion of an applicant, and to Page 11 Supplement to the Final GEIS August 22, 2007 streamline the process for Town Board review of an application that includes an incentive density bonus. F) Up -Zoning Comment: The analysis does not support the conclusion that the Town Plan would preserve the character of existing residential areas.2 [L2-3] Response: The Town Plan policies support legislation that would preserve not only the natural environment, but the man-made environment as well. In this case much of the man-made environment in the Town consists of densely populated residential areas, particularly east and west of Route 9. The provisions for establishment of setbacks from existing residences from proposed commercial and residential development would preserve and protect those existing neighborhoods from the adverse effects associated with new large scale residential and commercial development projects. In addition, it should be noted that large land holdings such as the Casperkill Golf Course would most likely only be approved for residential use as a cluster subdivision. In this case the establishment of a 100 foot perimeter buffer would be easily met since the units would be clustered many hundreds of feet from the nearest existing residences. Comment: Statements in the Town Plan that there exist development pressures are unsupported by the fact that the town has lost population between 2005 and 2006. [L2-6, L2-7] Response: Although the reason for the population decline has not been analyzed, it is likely the result of an aging population of "empty nesters" whose children have chosen to move elsewhere due to housing or employment factors. What cannot be ignored, however, is the building program of Marist College and Vassar College to construct additional dormitory space due to a lack of decent and affordable market rate housing for students. In addition, the pending application of Ginsburg Development Corporation and the Hudson River Heritage group for many hundreds of new housing units, the recent construction by the Widewaters Group of the Chestnut commercial plaza, and the pending redevelopment plans of Vornado Realty Trust for the South Hills Mall, to name a few, is an indication that the town is indeed facing future development pressure. Population increases and declines cannot, by themselves, support a conclusion that the town is, or is not, facing development pressure. G) Town Centers Comment: The level of potential new commercial retail densities in the town centers does not reflect the opinions of residents expressed in the public participation process. [Ll -6, L2-5, L2-11] Response: The land use and density of use provisions in the draft Zoning Law strike an appropriate balance between new potential residential and commercial growth and the protection of neighborhood character and open space/ecological preservation. In this case, the use of compact town centers 2. The commentary specifically mentions the Casperkill Country Club property owned by Ginsburg Development Corporation Page 12 Supplement to the Final GEIS August 22, 2007 to encourage the development of a mix of retail, commercial non -retail, and residential uses would provide for the creation of additional new housing while also encouraging the creation of new commercial uses to expand the town tax base. The town center design would prevent the type of suburban retail mall development that typifies commercial development along most of the major highway corridors in the town. Although public input indicates that residents feel that the level of retail development is sufficient, the draft Town Plan, and the draft Zoning Law that would implement its policies, must strike a balance between competing land uses to allow the marketplace to bring new taxable retail and commercial non - retail uses on-line. This is not a case where pubic opinion is used to approve, or disapprove a specific development project, but rather is a statement by the community at -large of the desires of its residents. Comment: The Crown Heights Center is unfairly treated. The size and the density of the center should be increased, and the list of uses should be stated. [L2-20, L2-411 - Response: The Crown Heights Center is an overlay district that does not disturb the ability of land owners to develop or redevelop their land in accordance with the provisions of the underlying zoning district. To call the treatment of the Crown Heights Center unfair overlooks the opportunities afforded by the overlay district provisions. Within the overlay district on the west side of Route 9 there exist a mix of Office Research (O -R), Highway Business (B- H), Multi -Family (R -M) and Single Family Residential (R-20,000) district zoning. On the east side of route 9 exist Highway Business. (B-H) and Single Family Residential (R-20,000) district zoning. Land owners are free to develop their holdings in accordance with the regulations of the underlying zoning district that affect their property. However, within the designated overlay area on both the east and the west side of Route 9 are blighted and underused properties that the town center overlay district regulations would encourage be re -developed as a high density mixed use (i.e. commercial and residential) project. The overlay district targets these blighted properties for re -development as a mixed use center, while avoiding the wholesale expansion of the overlay district into areas that have not experienced such blighted conditions. With respect to the dimensions of the Crown Heights overlay area the draft Zoning Law and draft Zoning Map have been amended to provide for an expanded area to ensure that there is adequate land to fully develop the town center. Comment: The uses allowed in the Crown Heights center should be "as -of -right' without any Town Board approval. [L2-211 Response: The process for approval of a development project in the Crown Heights Overlay District has been amended to provide for a simplified Town Board review. (See §210-24 of the draft Zoning Law dated August 24, 2007). As noted above the Crown Heights center is the only proposed town center that is also an overlay district. The use of an overlay district, rather than a standalone center district designation, was determined to be necessary to protect the existing landowners within the designated Crown Heights area. Not all of the existing land owners within the district are able to participate in the development of a mixed use town center, and simply applying a center district on all the land within Crown Heights would likely Page 13 Supplement to the Final GEIS August 22, 2007 result in some of the smaller landowners being financially squeezed as development interests would pressure them to sell their interests because they would not be able, on their own, to create a mixed use project on their property that would also be compatible with a mixed use town center. Comment: The residential densities for the Crown Heights center should be increased. [L2-22, L2-23, L2-25, L2-28, L2-411 Response: As noted in the Final GEIS the residential density of the Crown Heights Overlay District is the same as the Rochdale Road Hamlet District, namely 4 units per acre. As discussed in the Final GEIS the reason for this is that these two districts are surrounded by land that is already settled for single family and multi -family use at sufficiently high densities capable of supporting the new commercial uses that would be developed there. In fact, the design standards for the Crown Heights Overlay District and the Rochdale Road Hamlet District encourage the creation of pedestrian and bicycle paths to connect the existing neighborhoods to these new centers as a means of limiting automobile use and to facilitate the development of the commercial components within the mixed use centers. Allowing residential development densities above 4 units per acre would add far more residential density to the Crown Height and Rochdale Road areas than could be reasonably supported along with the required commercial uses. Comment: Hotels are allowed in all of the other centers on Route 9, including HRDD, and should be allowed within the Crown Heights center. [L2-24, L2-38, L2- 39, L2-40, L2-41] Response: The Crown Heights center is a mixed use center, and it was determined that allowing potentially large hotels serving a transient population would adversely affect the long term viability of the residences within the center. That is the reason for inclusion of an "Inn" as an allowed use. By contrast and "Inn" would be restricted to serve a much smaller transient population (i.e. not more than 25 units) and could include a full service restaurant and small conference facility to service the general public. It should be noted that the South Hills Center and the Fairview Center are "commercial only" centers and do not allow residential uses. The HRD District is also unique in that it contains large historically significant structures that must be adapted for residential and non-residential use. In the case of HRDD it was determined that such reuse should include as wide a range of uses as possible to encourage the marketplace to provide appropriate tenants for the historic structures and property. Comment: The Croft Corners center should be reinstated. [L2-26] Response: The Croft Corners center was eliminated from the Town Plan as a mixed use or a commercial center for the simple fact that much of it is newly developed commercial space, or is a commercial space that is undergoing construction. The designation as a center would require the application of town center regulations that would have caused these new commercial uses to be non -conforming as to area, bulk and uses. This was determined to be an excessive use of town center zoning as applied to these newly constructed/under construction commercial buildings. Page 14 Supplement to the Final GEIS August 22, 2007 H) Alternatives Comment: The DGEIS fails to conduct an adequate analysis of alternatives. [L2-14, L2-15, L2-16, L2-17, L2-18, L2-19] Response: Part 617.9(b)(5)(v) of the SEQRA regulations requires that the discussion of alternatives in an EIS include ... "a description and evaluation of the range of reasonable alternatives to the action that are feasible, considering the objectives and capabilities of the project sponsor. The description and evaluation of each alternative should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The range of alternatives must include the no action alternative. The no action alternative discussion should evaluate the adverse or beneficial site changes that are likely to occur in the reasonably foreseeable future, in the absence of the proposed action." The discussion of alternatives in the DGEIS includes all of the required statutory elements and analysis. The purpose of the discussion of alternatives is to understand if the implementation of an alternative is preferred as a means to mitigate an adverse environmental impact that might arise as a result of implementing a proposed action. In this case, however, the land use policy directions in the Town Plan are the "preferred plan" as mitigation for the long term and short term adverse impacts that presently occur as a result of the current Town Plan policies and Zoning Law regulations. In this case the DGEIS examined the following alternatives: • No Action. • Limited up -zoning of greenspace areas, attractive bonus incentives, and compact centers. • Significant up -zoning of greenspace areas, limited incentive densities, limited residential uses in the centers. • Up -zoning greenspace areas with no incentives. • Significant up -zoning of greenspace areas, limited incentive densities, expand the center districts and allow high density residential uses in all districts. • Limited up -zoning of greenspace areas, attractive bonus incentives, and compact centers. These alternatives represent a reasonable range of options that the Town Board considered as part of the DGEIS analysis. The fact that a reviewer would have selected other alternatives to review, among a limitless range of alternatives, does not invalidate the analysis that was conducted. I) Miscellaneous Comments Comment: The versions of the Draft GEIS available at the Town Clerk's Office and the Library are different from the one posted on the town web site. [PH -I] Response: As noted in a July 12, 2007 memorandum from LRC Planning Services to the Town Board the differences are attributable to a pagination error that occurred between printing of the hard copies and the electronic copies. With the sole exception of the page numbering and the numbering of some Page 15 Supplement to the Final GEIS August 22, 2007 of the paragraphs, the substance of the electronic and the paper copies of the Draft GEIS are identical. Comment: The Zoning Law lacks various definitions related to dwelling units and their occupancy. [L2-36, L2-371 Response: The draft Zoning Law has been amended to clarify several meanings including "dwelling", "dwelling unit", "attached unit", "detached unit", etc. Comment: Various comments relating to the language of the draft Zoning Law and draft Land Subdivision Law. [L2-43, L2-44, L2-45, L2-46, L2-47, L2-48, L2-49, L2-50, L2-51, L2-52, L2-53, L2-54, L2-55, L2-56, L2-57, L2-58] Response: The draft Zoning Law and the draft Land Subdivision Law have been amended as suggested. Page 16 Supplement to the Final GEIS August 22, 2007 I) Matters to be Decided Upon acceptance of this Final GEIS as complete a ten day period for public consideration of this document will be provided. During this ten day period the Lead Agency cannot take any action to approve or adopt any of the proposed Amendments. At the end of the ten day period the Lead Agency may take up the matter of adoption of a Findings Statement to complete the environmental impact review process under SEQRA, after which it may take up the matter of adopting the proposed Amendments themselves. Page 17 Supplement to the Final GEIS August 22, 2007 Appendix A DGEIS Comments Received Page 18 Supplement to the Final GEIS August 22, 2007 Appendix A DGEIS Comments Received ✓�( 0.9FD July 8, 2007 40 Patricia Myers Town of Poughkeepsie Supervisor One Overocker Road Poughkeepsie NY 12603 Subject: Public comments regarding Draft GEIS prepared for Poughkeepsie Town Plan amendments, Zoning Law amendments and Subdivision Law amendments We would like to offer the following comments regarding the subject documents. This is in addition to any prior comments offered. We may be offering further comments at future public hearings and/or public comment periods. It is our opinion that the adoption of the referenced Town Plan, Zoning Law and 1 Subdivision Law amendments may have a significant adverse impact on the environment, requiring a positive declaration and the preparation of a Final GEIS. We recognize the fact that under SEQRA, GEISs "may be broader and more general than site- or project -specific EISs". We also acknowledge that future development will be subject to site-specific review for evaluation of potential significant adverse environmental impacts. However, the DGEIS is intended to identify existing conditions, anticipate potential significant impacts from 2 implementation of the action and propose mitigation measures, if necessary, to reduce or eliminate impacts. The DGEIS has not sufficiently identified or mitigated potential environmental impacts of all proposed recommendations. Therefore, it does not appear that the "hard look" required under SEQR has been met. Furthermore, any significant impacts not adequately addressed in the Final GEIS may require the preparation of a Supplemental GEIS. Sincerely, Doreen A. Tignanelli James L. Beretta 29 .Colburn Drive Poughkeepsie NY 12603 cc: Laura Wojtowicz, Planning Department (sent electronically via fax and email) L1 Page 1 of 3 Implementation: There is no clear implementation plan outlining how the town will implement policy recommendations including, but not limited to, Policy 3 Recommendation 2.5 which states'The Town should strengthen its Aquatic Resources Protection Law". Impact on Water Resources: The published Amended Notice of Completion dated May 23, 2007 listed only surface and groundwater resources as Potential Environmental Impacts. Wetland resources may be impacted as a result of proposed Zoning Law amendments. The current zoning code deducts one - hundred -foot wetland buffers when calculating buildable area. The proposed 4 zoning amendment does not. Section F of the DGEIS, Impact on Water Resources, includes no discussion of potential wetland impacts that may result from the change in the buildable yield calculation. Yet, Section F states that adoption of the amendments will not have an adverse impact on water resources in the Town with no accompanying study or data to support that conclusion. Impact on Open Space: The former Girl Scout Camp on Spackenkill Road was specifically identified in the 1990 Master Plan for open space protection. The plan stated 'The Girl Scout Camp on Spackenkill Road should remain as open space." However, the site was never zoned to conform to the Master Plan. The site is no longer identified for open space preservation in the proposed amendments and is still zoned R20. The environmental significance of this site has not diminished in the seventeen years since the 1990 Master Plan was adopted. If anything, its environmental significance has increased due to development that has taken place in the town since then. We have publicly commented on various tools available to preserve the site's natural resources. Rezoning, Critical Environmental Area (CEA) designation, conservation easements or conservation area overlay are all means of protecting open space, wetlands, steep slopes and wildlife habitat on the site, thereby furthering the conservation objectives of the town. It appears that a decision has been made not to utilize these tools due to the fact that a gift of 40 of the 56 acres of the site was offered to the town. However, two months after the offer was made, the town still does not hold legal title to the site. If for some reason the offer is not carried through to completion, the site will be offered no protection whatsoever and the entire 56 acres can be developed according to R20 zoning in spite of its previously recognized significance. It is not clear how Section L of the DGEIS, Impact on Open Space, can state that adoption of the amendments will have a positive impact on open space in the town without examining nor weighing potential adverse impacts resulting from removal of this site's previous open space recommendation. 5 L1 Even if the 40 acres are given to the Town, the proposed amendments should identify this parcel as an area containing significant natural resources and appropriate protection given. For its archaeological value alone, the site meets the criteria for designation as a CEA as thirteen areas of prehistoric artifacts and/or deposits have been identified on the property. Twelve of the thirteen areas are definable quarries and/or quarry workshops. While other municipalities in Dutchess County identify positive CEAs such as wetlands, aquifers, watersheds, nature sanctuaries and even hamlets, the Town of Poughkeepsie has only identified negative CEAs such as Schatz Federal Bearing. Page 2 of 3 Community Involvement: Section II, Planning Policy Recommendations states "The underlying basis for this plan is the shared values and goals of the community" and cites a Public Opinion Survey of town residents conducted by Marist College. Under Economic Growth, the plan states "a majority of residents feel that more retail business and shopping would not be good for their community". It appears that public opinion regarding retail business has been 6 ignored, particularly in the case of the Crown Heights Center. The high percentage of the retail/commercial component of the Center vs the low percentage of the non-retail/non-commercial component does not reflect the values and goals of residents surveyed as part of the public participation process. Incentive Zoning: The increase in the incentive cap from 20% to 70% or higher appears to have been implemented in an arbitrary and capricious manner, 7 lacking analysis of potential adverse impacts of such large density bonuses. Potential adverse environmental impacts in greenspace areas are of particular concern. L1 j U '� � "�"�L�� 300 Westage Business Center, Suite 380 CFishkill, New York 12524 FEDER LLr Tel 845.896.2229 Fax 845.896.3672 www.cuddyfedercom July 9, 2007 Supervisor Patricia Meyers and Town Board members Town of Poughkeepsie 1 Overrocker Road Poughkeepsie, NY 12603 Re: Qomments–on DG— EIS-prepimmd-forthe Town: Comprehensive -Plan -and zoning Dear Supervisor Meyers, and Town Board members: These comments are submitted on behalf of Ginsburg Development Corporation ("GDC"), owners of the Casperkill property, concerning the DGEIS prepared for the proposed action which includes adoption of a Comprehensive Plan ("the Plan") and proposed Zoning Law ("the Zoning") (collectively, "the Proposal" or "the proposed Action") Attached are copies of previous letters to Supervisor Joe Davis dated September 3, 2004 and October 20 2005 and to Supervisor Pat Meyers ated February 9, 2006, concerning previous versions of the Plan. Most of those comments are still applicable to the present draft, and have not yet been addressed. Also attached is a copy of my recent letter to the Town Board dated June 27, 2007. The comments are organized as follows: L2 C&F. 779358.1 1 ATTORNEYS AT LAW White Plains Fishkill New York City Norwalk CUDDY& E D E LLI` 1. The proposed Town population/density reductions are not Page 3 supported by a legitimate planning rationale. 2. The Plan and DGEIS misrepresent many material facts to Page 6 fabricate support for extreme reductions in population and density, and fail to conduct an appropriate analysis. 3. The Density "Incentives" do not mitigate the adverse effects Page 10 on housing availability caused by the drastic upzomng, and cause their own adverse impacts. 4. The so-called "High densities" in the Centers do not serve as Page 12 mitigation for the adverse impact on housing availability caused by the drastic upzoning. 5. The Town has conducted no meaningful Alternatives Page 13 analysis in the DGEIS. 6. The Crown Heights Town Center has been unfairly treated. Page 15 Permitted uses should be stated. The size and density of the Center should be increased. 7. The Zoning fails to carry out the worthy goals of the Page 17 proposed Plan. 8. The documents fail to meet certain additional SEQRA, Page 21 procedural and legal requirements. 9. Specific comments on zoning text. Page 23 C&F: 77 MEA 2 L2 CUDDY& - F E E RLLP POINT I The proposed population reductions are not supported by a 1 legitimate planning rationale: The centerpiece of the Town's Plan and Zoning is a drastic upzoning of certain large parcels of vacant land, to 2 -acres and 4 -acres per dwelling unit. These are rural densities, which have never before been part of the Town's previous Master Plans or zoning laws. Neither the Plan nor the DGEIS present any persuasive analysis to support the use of these rural densities in settled urban environments. The DGEIS [page 80] implies that the Plan and Zoning's proposals to reduce density are a response to community pressure about "overdevelopment" in the Town. But neither the Plan nor the DGEIS support the assertion that the Town is "overdeveloped." In fact, the Town's population growth slowed to near zero levels after 2000, and actually fell in 2005-2006. There is no factual basis for the Town's claims that "development pressure is threatening... natural resource areas" [Plan page 15] or that the Town is still experiencing "steady growth" that is "currently not showing signs of slowing." [Plan page 24]. (See Point II for a further discussion of misstatements in the Plan) Any analysis of appropriate densities and populations for the Town of Poughkeepsie must assess the Town's proper role in the context of its regional setting. There is no such analysis in the Plan or the DGEIS. The US Census classifies all of the Town's population as "urban" and living "inside an urbanized area." The Town's own Master Plan of 1990 classified the Town as an "inner suburb." The 2004 Plan referred to the Town as a "moderate urban community" in its section on recreation/parkland resources. As applied to the Casperkill property, the plan presents a conclusory statement that density in the central area of the Town should be reduced to 1-3 acres per unit [Plan, page 57], but the Plan presents no support that such a low density is appropriate in the context of the location of the property on Route 9, the major north -south traffic route for the western half of the County, within 1/2 mile from IBM, the largest employee in the County, and only 1 mile from the train station. This section of Route 9 is already the most heavily used section of any road in the County. Nor is there any support that such a density reduction is necessary to preserve the Casperkill Creek "as a natural system. [Plan, page 58] Such densities are contrary to the recommendations of Comprehensive Plans in the Town going back almost 50 C&F: 779353.1 _ 3 L2 C U D D Y& - F E D E W" years. This sudden aberration is not in accordance with any comprehensive plan or planning. The Plan and the DGEIS ignore the counterproductive impacts of such low densities. They fail to support the Town Centers, as noted by the Dutchess County Planning Department comments dated June 27, 2007 (hereafter, "County comments") The drastic upzoning, which is not properly complemented by appropriate center densities (6-8 units per acre) will also have a sprawl -inducing effect, forcing development to expand out toward the outlying, more rural areas. Accordingly, the conclusion that the Plan has a positive impact on open space and recreation (page 86) is incorrect and unsupported. The DGEIS asserts that that Greenway Guidelines encourage lower density zoning [page 80]. The Greenway Guidelines do not support the densities set forth in the Zoning Law, as the County comments make clear. The DGEIS's assertions about the alleged positive impacts of the zoning changes (page 80) are also inaccurate, unsupported, or contrary to the proper purposes of zoning. 1. The conclusion that traffic on Route 9 will get better: 1 2 The claim that the density reductions will reduce traffic impacts on route 9 is stated as a conclusion, but unsupported. The DGEIS lacks a buildout analysis of anything but residential zoning districts, and even that analysis is superficial and incomplete. Without a more comprehensive analysis, conclusions about the Plan's impacts on traffic are unfounded, and the Town cannot claim to base its action on traffic impacts. Moreover, the Route 9 corridor is the major corridor for the entire western half of the County, and is expected to remain. so. In addition to serving as a major route for traffic between Towns and Counties, it is a retail corridor that supports the County's retail economic base. Since Route 9 is a major traffic artery, it is an appropriate location for large volumes of traffic. Inappropriate efforts to curtail traffic on Route 9 would divert trips to other, more local, roads. 2. The conclusion that the Plan preserves the character of existine �� 3 residential areas. The Plan seeks to benefit existing residents, at the expense of owners of vacant land. This is an improper exercise of the zoning authority. The Plan states that it "reflects the needs and desires of all residents," and that, "To the greatest extent possible, the Plan as proposed C&F: 'M358.1 4 L2 C U D DY& F E D E R.LI' provides a balance of resident needs and desires. [page 92] The Plan seeks to "preserve the character" of existing developed areas by upzoning adjacent undeveloped areas to extremely low, rural, densities, and by enacting onerous so-called "buffer" requirements which must be fulfilled solely on the undeveloped land, for the benefit of the developed land. As the County comments have noted, there is no justifiable planning reason for requiring 100 foot buffers between adjacent residential developments. The Town's zoning, and 100 foot buffer requirement, is, in effect, a confiscation of undeveloped land to become a new rear or side yard for the benefit of the privacy of existing residents. At Casperkill, for example, the 100 foot buffer effectively serves to grant neighbors in the R-20,000 district a "buffer" which is at least 50% as large as their entire lot, and neighbors in the R-10,000 district a buffer 100% as large as their lot. 3. The conclusion that the Alan reduces impacts on school districts 4 The statement that implementation of the Town Plan will reduce impacts on schools is also unsupported. The buildout analysis does not go to the level of detail of the types of residential units that could be built, which is important because the relationship between number of units and number of school children is not linear. Smaller units, multifamily units, and attached townhomes and condominiums usually generate fewer children than large, single-family homes. The analysis also fails to consider the progressive growth in school district costs which is unrelated to additional school populations., or the positive impact of additional taxpayers to support the school districts.. Without a full analysis of school impacts, the GEIS's conclusion is unfounded. 4. Limiting residential development to rates considered sustainable by the town and the four school districts serving the town. 5 This "benefit" is based on the a priori assumption that residential populations must be reduced, an assumption which has never been properly analyzed. There is no. support in the documents that the proposed population reductions are needed to have a "sustainable" Town, or that such drastic reductions will not have their own adverse . impacts in terms of many issues, including but not limited to meeting local and regional housing needs, providing diversity of housing types, supporting preservation of the Casperkill golf course, and providing a sound economic base. C&F: 779358 L2 5 CUDD,Y,,k, Y E D E R.l.l' POINT II The Plan and DGEIS misrepresent many material facts to fabricate support for extreme reductions in density: 6 The DGEIS assumes, without substantiation, that increasing development in the "few large greenspaces" places "pressure on limited community resources." This emotionally charged language is conclusory and unsupported by the data provided. Both the DGEIS and the Plan misrepresent many material facts in order to support the claim of the "need" for drastic upzoning. A proper analysis of the issues will show that the upzoning is not supported and will itself have adverse impacts. The section on Natural Environment and Greenspace [Plan, page 15-16] assumes that all remaining undeveloped land in the Town should be permanently preserved as open space, and then cautions that, "the bulk of the undeveloped land remains unprotected," (meaning, presumably that the existing zoning laws allow some development of those lands in keeping with already strict SEQRA and environmental review). It then builds to the inflammatory statement that "development pressure is threatening these natural resource areas ["undeveloped land" has now become "these natural resource areas"] because they are not adequately protected." [Plan, page 15] The zoning then seeks to "protect" these undeveloped lands by drastic upzoning, effectively acquiring the lands for public benefit without compensation. The section on Natural Environment and Greenspace [Plan, page 15-16] inaccurately concludes with three pages of policies which are skewed toward preservation, without a balanced acknowledgement of the need for development in centers, such as those along Route 9. The statement about "development pressure" is unsupported by the facts, which show that the Town's population reached near -zero growth levels by the year 2000, and actually declined in population from 2005 to 2006. The Town, as part of an inner core of higher population in the County, is losing population to more rural, outlying areas. 7 The Plan section on Population and Economic base [Plan, page 24] exaggerates growth rates to create a "need" to reduce density. It implies that the Town is still continuing to experience "steady growth" that is "currently not showing signs of slowing." [Plan, page 24] This statement is simply wrong. In June, 2007, the US Census Bureau released its 2005 population estimates for the Town, yet the Plan relies on 2003 estimates. The 2000 population of the Town according to the 2000 US Census was 42,777, while the 2003 estimate from the Census (as provided in the Town Plan on page 24) 6 C&F; M35; i LA C U D DYE,. FEDE " was 43,533. The population change from 2000 to 2003 was actually 1.8%, or only about one-half of 1% per year. The Town appears to have miscalculated the growth rate, asserting that it was more than double (4.2%) what it actually was. The US Census data also shows that there has been a further slowing of growth starting in 2003 (population from 2,003 to 2006 is 44,627, 44,832, 44,926, 44,785). The growth in the four years between 2003 and 2006 totals only 0.35%. The population actually declined from 2005 to 2006. The Town's claim that the Town is still continuing to experience "steady growth" that is "currently not showing signs of slowing" [Plan, page 24] is a misrepresentation. The Town's population has also failed to meet the estimates of its own 1990 Master Plan. The 1990 Master Plan projected population growth at. 2010 to be 49,500 [see 1990 Master Plan, page 111]. Actual growth has not kept pace with those figures, projecting total population in 2010 to be only 44,568. Table 1, 2, and 10 are difficult to understand and not explained in text. From the information presented, the methodology for the buildout analysis is not clear, and furthermore, judging by the notes in the tables, it appears that the methodology is not consistent between the existing buildout analysis and the proposed buildout analysis based on re -zoning. These tables should be revised so that the reader can easily understand the results of the analysis, and/or additional text should be provided to explain the methodology. There is inconsistency of data throughout the plan. For example, regarding housing, page 32 states that there were 14,177 occupied housing units in the town in 2000. Page 88 indicates that there were 14,678 occupied units, a difference of almost 500 units. 8 The Community Facilities Chapter of the Plan (Chapter 7) also misrepresents the need for additional parkland or open space and. omits important findings from the 2004 Draft Plan that the Town had ample parkland and recreational . resources. The 2004 Plan notes that for a "moderate urban community, with a population between 30,000 and 100,000 people," planning standards recommend 2.7 acres of recreational space for every 1,000 dwelling units. With 15,132 dwelling units (as of the 2000 US Census), the Town should provide approximately 41 acres of recreational space. The Plan concluded that, "As calculated without Bowdoin Park, there are 132 acres of recreational space, which greatly exceeds the minimum standard." The present Community Facilities Chapter omits any discussion of recommended standards for parks and recreational space. Yet they can easily be calculated. Using the estimated 2006 Town population and the average household size UP 77935F 7 L2 CUD Y& F E D RIA.. from the 2000 Census of 2.57 people per household, it can be estimated that there are presently approximately 17,418 households in the Town. According to the development standards, the Town should provide approximately 47 acres of recreational land to serve the existing population. Since the 2004 Draft Plan, the Town has actually acquired an additional 162.5 additional acres of parkland by purchasing Peach Hill, bringing its own holdings up to approximately 300 acres, and the total resources in the Town (with the County's Bowdoin Park) up to 600 acres. Thus, even considering the small amount of population growth over the last 6 years, the Town still has parkland/open space far in excess of applicable standards. There is no legitimate planning rationale to support a claimed necessity for more parkland. Instead of forthrightly acknowledging its ample resources, the Community Facilities Chapter is written in a negative tone that implies that, for example, the 600 acres of designated parkland in the Town is insufficient because "not all residents have convenient access to it" and many of the existing facilities "could be" improved. The Town is fortunate to have nearly 600 acres of designated parkland. The Plan should recommend that the Town improve access to the existing park areas and upgrade existing facilities. The Plan instead misrepresents the actual situation, to support its drastic upzoning. 9 The Community Facilities section also fails to adequately explore active strategies to encourage preservation of the Casperkill golf course. Preservation of the two golf courses in the Town was a central element of the 1990 Plan. While the current proposal briefly claims to support preserving the existing golf courses as open space, it fails to provide any meaningful strategies to actually accomplish this preservation. By attempting to defer this task to some vague time in the future, the Town Board is shirking an important responsibility, since the preservation of the golf course was identified as a key issue in the Casperkill DEIS. In fact, the density levels at Casperkill and the Crown Heights Center are too low to support either the center concept or the golf course. (see further discussion in Point VII and Point IX) 10 The Plan purports to adopt several unrealistic open space strategies. The Town (DGEIS page 86 and Plan page 16) recommends preserving open space by purchase of development rights, fee -simple acquisition, including grants which require matching funds from the community. Yet the cited Marist survey identified that residents want to preserve open space but they do not want to pay for it. The Town's only actual open space strategy is to force developers to donate land for recreation or public open space in order to 8 ME 7793 ■ Lw L C U D D �YyyT��. F E D E q� 1." attempt to negotiate densities that should have applied to their property in the first instance. This is confiscation in a thin disguise. 11 The Plan also paints an unrealistic picture of the Town's economic situation, and fails to balance the need for economic stability which is further damaged by the proposed land use policies. The Population and Economic Base chapter of the Plan [page 29] concludes that all is well with the Town's economic base: "The Town is in a good position to attract new businesses," and "there should be vast potential for attracting businesses and increasing tourism in the area." This chapter does not acknowledge the realities of the IBM tax certiorari settlement, and the potential for new lawsuits in 2008. The resulting impact on the non -homestead properties in the Spackenkill School District is enormous, and could lead to severe tax impacts on residential properties as well. The cost of taxes on commercial properties in the Spackenkill School District is already very high. This amount will increase if IBM brings new lawsuits, as expected, in 2008. The situation is dire, and the Route 9 area is in serious need of commercial, retail, and residential growth to support the tax base. The Plan lacks any meaningful analysis of economic factors, including predicted growth in the Town's costs of police, fire, and other municipal employment services, and the school districts' cost of teacher and other employee services. These costs will grow, regardless of population growth. If development is limited or reduced by density changes, taxpayer costs will rise at even higher rates than presently. Accordingly, the entire Population and Economic Base Chapter is utterly inadequate, and must be reconsidered. The Plan [Plan page 11] asserts that "residents" don't want to encourage economic growth in retail uses. This is unrealistic in light of the fact that the Town has been the retail capital of the County for decades, and relies heavily on the retail sector as its economic base. [Plan pages 24-27] Policy Recommendation 4.2 (to not zone in favor of additional retail outlets) should also be reconsidered in light of the Centers proposals. L2 C&F: 7793 9 CUDDY&- FEDF :"' POINT III The Density "Incentives" do not mitigate the adverse effects on housing availability caused by the drastic upzoning, and cause the 12 own adverse impacts The expressed need for housing in the Housing section .of the Plan shows that the drastic upzoning is actually contrary to the Plan. The Plan/DGEIS attempt to disguise the severe impacts of the upzoning by claiming that they are "mitigated by certain density "incentives" now to be provided in the areas that have been drastically upzoned. The claim of mitigation is entirely wrong, for several reasons. The so-called "Density Incentives" are not truly incentives, but the result of a manipulative process of drastically reducing densities far below a reasonable, level, in order to force landowners to "provide benefits to the Town" in order to attempt to negotiate workable densities by the "incentive" bonus. The DGEIS concedes as much at page 80. This is an improper use of the zoning power. As the County comments note, densities should not be subject to such extensive "bonuses." Zoning should generally establish predictable residential densities at appropriate levels, without ulterior motives. Since, the incentives are purely discretionary, they might not be granted at all. In fact, Town Board members at public workshop meetings have openly stated that they never intend to grant the 100% bonuses upon which the DGEIS attempts to rely. The arbitrariness of the Incentive system also abdicates legislative responsibility, leaving landowners dependent on ad hoc negotiations with a Town Board, rather than on established zoning standards. The incentives should be made more certain and administered by the Planning Board, as noted in the County comments. The underlying densities in the R-2 and R-4 zoning districts are so low that even doubling the density could never come close to making up the number of units lost to the drastic upzoning. Ironically, a 100% density "incentive" on the Casperkill property would, at best, only restore density to 50% of what it was prior to this wholesale density reduction. Coupled with a confiscatory 100 foot perimeter buffer, and the additional layer of exclusion of constrained land from density calculations, the "incentives" constitute no effective remedy to the upzoning. c&F:77 L2 10 CUDI{�^�Y& F E D E R,LV The ad hoc nature of the incentives, forces landowners through a lengthy individual SEQRA process before any density bonus decision is made. This is likely to be a serious disincentive to applying for any density "incentives." For all these reasons, the incentives will not provide appreciable amounts of either workforce or senior housing. As the County Comments note, the proposed zoning "will result in little such housing' and the incentives "push[...] moderately priced housing away from the designated centers." The incentive for historic preservation is unnecessarily limited to state or national register structures, excluding Town designated landmarks. This is particularly inappropriate for Casperkill, where the Town recently made a local designation of an historic house. C&F: it L2 11 CUifD YL,,- F E R E R" POINT IV The so-called "High densities" in the Centers do not serve as mitigation for the adverse impact on housing availability caused by the drastic upzoning 13 The DGEIS also claims that the "high densities" in the Centers mitigate the adverse impacts on housing of the upzonings. This is inaccurate for two reasons: 1. Center zonings are not "high density": Contrary to the characterization on page 80 of the DGEIS, densities of 4 and 6 units per acre are not "high-density." In particular, the 4 unit per acre density is a conventional suburban density, one at which a substantial number of the Town's houses have been built. 2. Centers, since they are much smaller in area, do not offset upzoning of many more acres. Far fewer acres are being zoned for the Centers than are being upzoned in the outlying areas. Hence, the densities in the centers certainly do not "mitigate the potential impact on housing availability that might otherwise result from the general upzoning of the existing one-half acre and one acre zoned areas." [page 80] The buildable area within the Crown Heights Center is so small that, even with higher densities, the zoning is confiscatory, since it does not allow a workable ' Center to be established. (See Point VI) The DGEIS lacks any meaningful analysis of the numbers of units that could be built in the centers, and the realistic mitigation that could be provided. The DGEIS should include consideration of alternatives to the proposed action that both enlarge the area of the Centers and increase the densities in the Centers to support workable communities. The DGEIS should consider an alternative density for the Crown Heights center of 6-8 units per acre, as the County Planning Department recommended. (See Point V) C&F: 7793 L2 12 CUD Y FEDFE' ,. POINT V The Town has conducted no meaningful Alternatives analysis in the DGEIS: 14 The consideration of Alternatives is the heart of the SEQRA process. Yet the Alternatives considered in the DGEIS are simply straw men, facilely dismissed. For example, Alternatives 4 and 5 are unrealistic. There is no basis for the conclusion that either would encourage large scale single family instead of smaller scale, townhouses or multi -family development. This is particularly true in light of the clustering requirement for properties of 25 or more acres. (Subdivision Law 177-14.) The Town asserts under Alternatives 3, 4, and 5 that development pressure in the centers would favor creation of additional retail space to the exclusion of other commercial development, a wholly unsupported conclusion. Alternative 6 should not be deferred to future consideration, but should be fully considered as part of a proper DGEIS. The only difference between the Preferred Alternative and Alternative 6 is the size of the mixed use centers. Under Alternative 6, the Crown Heights and Salt Point Centers "would achieve the desired balance of housing types and neighborhood scale commercial development." The Alternative 6 analysis also asserts that this alternative would "increase the total number of potential housing units" because the residentially zoned portion of the centers would be increased over the Preferred Alternative. An increase in the number of housing units is needed to offset the drastic reductions elsewhere. The Town gives short shrift to the real adverse impacts of its drastic upzoning strategy. The severe loss of housing opportunities will mean --at a minimum-- further loss of workforce population and tax revenue (income, property and sales); lack of appropriate development necessary to allow all residents, young and old to remain in the Town and give them the commercial employment opportunities they seek, so that they continue to work and reside in the Town; seriously rising taxes for the population that remains in the Town and the School Districts within the Town; counterproductive pressures on the Casperkill property to eliminate the golf course. All these potential adverse impacts, and the many potential additional ones, should be studied in a proper DEIS. The Town should consider alternatives to its drastic upzoning strategy, including all of the following: 15 1. Higher density in the Route 9 Centers including 6-8 units per acre at Crown Heights. This would encourage a wider variety of housing c&F: n9� L2..._ 13 CUDDY &- . types, counter strip development, and make the Centers viable. As the County Planning Department has already noted, providing a density of 6 dwelling units per acre would "bring the Crown Heights Center up to the density of other, more rural centers (Salt Point Center and Macdonnell Heights Center)" (emphasis added.) The County recognizes that the Crown Heights Center is located in a developed area of the Town along Route 9, and is appropriate for even higher density, up to 8 units per acre. The DGEIS should consider that units in centers will have potential to offer a wider variety of housing types, suitable for smaller family groups. The Town Board should reconsider its proposal to force units above commercial to be counted against density limits. 16 2. Increasing the size of centers. The Crown Heights Center is too small to function well, and smaller than recommended by the County Planning Department. The size recommended in the County comments should be considered. 17 3. A more moderate upzoning, or no upzoning in areas of the Town where a development pattern has already been set. In Casperkill, for example, there is no reason to cut the underlying densities so drastically. Instead, an alternative that employs mandatory clustering of townhouse units, and the possibility of TDR (transfer of development rights) into the Crown Heights Town Center, would be much more likely to preserve the golf course, and enhance the array of housing types. The Town already has the benefit of a detailed site specific EIS on the Casperkill project, which establishes that this drastic upzoning is not necessary. 18 4. Elimination of the required 100 foot buffer which can't be counted for density credit to substitute an alternative which allows density credit, and grants Planning Board discretion regarding particular setbacks in cluster layouts. 19 5. Reduce the amount of discretionary determinations by the Town Board, and empower the Planning Board to approve Center plans and determine any remaining incentive bonuses, as recommended by the County. The purpose of zoning is to establish the proposed allowable uses and densities of land and provide certainty in the development process. A clearer determination now would also reduce the amount of delay and costs of later ad hoc examinations. C&F:7793! L2 14 C CJD Y F E D E R" POINT VI The Crown Heights Town Center has been unfairly treated. Permitted uses should be stated. The size and density of the Center should be increased. 20 The proposed Zoning targets the Casperkill property .and treats it unfairly in a number of respects. Most importantly, the Zoning would prohibit construction of a Town Center Plan which Board members have professed to support. Casperkill/GDC does not oppose the center concept and has embraced it in its plan, prepared by LRE, which has been discussed with representatives of the Town Board. A copy of this LRK Plan is attached. This LRK plan should be incorporated into the EIS and the zoning, since it shows how a Town Center could be developed there. The documents already include specific plans for several of the other Town Centers, and the same treatment is appropriate for Crown Heights. The Centers concept, as set forth in the Plan, encourages (page 59) "Multiple housing options within walking distance. Complete neighborhoods have a diverse range of dwelling types, such as single-family and two-family houses, attached townhouses, live/work units, condominiums and apartments in the areas in proximity to the core." But the zoning does not support the Centers plan. The Crown Heights Center is too small to function well. As the County Comments note, the Crown Heights Center should be 2,640 feet in radius. And while the Town's proposed Plan designates Crown Heights with a one mile diameter, the proposed Zoning has only designated it for a 1/3 mile diameter (1/6 mile radius). Additionally, the existence of the wide roadway effectively diminishes the size of the buildable center. Any radius should be measured along the frontage on either side of Route 9. 21 All the other Centers permit enumerated uses as of right, and others by special permit. Crown Heights is the only Center district where no uses whatsoever are permitted as of right. The landowner is put in the position of total dependence on the Town Board's discretion in approving a "Development Master Plan" to establish any uses on its property. Other centers also allow density standards as of right. In Crown Heights, the density determination is also at the total discretion of the Town Board. 22 Even if the Board were to grant approve a center, the CHCO district appears to cap density at only 4 units per acre, while even more rural centers have a C&F: L2 15 L CUDDY&- F E D E :" density of 6 units per acre. The densities provided are not only discriminatory, but will prevent the effective implementation of the effective Town Centers that the Plan seeks to establish. The Dutchess County Planning Department has correctly stated that the densities in the Crown Heights Center should be 6-8 units per acre. The existing population is not sufficient to support the Crown Heights center, without the addition of substantial population. Much of the existing residential development. is located beyond 1/2 mile from the center's core, which will require that such residential population continue to rely on automotive means to fulfill its daily needs. This is contrary to the stated intention of the Center concept. 23 The present Zoning provides that density over commercial development in the Centers will not count against total density in Crown Heights, Salt Point and MacDonnell Heights. This provision is critically important to establish a sufficient population base to support the Town Center functions, and to provide the types of units most likely to provide a broad array of housing types suitable to be more affordable. As the County noted, "'mixed-use' is only a euphemism if it does not include a range of residential uses, because the other uses must build off from a residential base." (June 27, 2007 letter, page 2-3). GDC has been informed that the Town Board is now seeking to remove this exemption from the Casperkill/Crown Heights Center, but continue its operation in the other centers. 24 The Zoning would prohibit Hotels in the CHCO, while allowing them in all the other Centers on Route 9 (South Hills and HRDD), as well as Arlington and Fairview. In sum, the present Town Center zoning for Crown Heights does not allow the attached LRK plan to be built. The Crown Heights Town Center, as currently proposed, has been set up to fail. In its current configuration, Crown Heights is too small, geographically and does not allow sufficient density to be sustainable. At only 1/6 mile in radius, Crown Heights is far smaller than the 1/2 mile radius recommended by County Planning. It also, inexplicably, permits less density than even the more rural centers in the northern section of Town (Salt Point and Macdonnell Heights.) It allows no uses, except at the arbitrary discretion of the Town Board. This is a transparent device to create a Center that is more apparent than real. 16 C&F: 779 L2 CUDDY& FERE l�,. POINT VII The Zoning fails to carry out the worthy goals of the proposed Plan To the extent that the Plan sets forth worthy goals, there are many instances where the Zoning does not accomplish, or is directly counter to, the goals of the Comprehensive Plan: 25 Providing sufficient densities in the Centers: In the Plan, a key element to preserving the open space outside the designated center areas is to allow sufficient density in the Centers. "Allowing increased development densities within the Centers would off -set the potential effects of regulations that would preserve open space and limit development densities in the greenspace areas." [Plan, page 16] Yet the zoning sets densities in the Centers that are too low to operate effectively. The "increased" maximum density proposed for the Casperkill Center (Crown Heights) is only 4 units per acres, a suburban density typical of single family development. This is not a density that can support a Town Center. As the County comments have noted, the density in the Crown Heights Center should be 6-8 units per acre, a density that could warrant lowering of densities on the remainder of the site. Even the 4 unit/acre density . is illusory, because it is not as -of -right. The Town Board reserves full discretion to either grant or deny the density, as well permission for any particular land use. 26 Retaining the Croft Corners Center: As the County Comments have already noted, there is no reason for the elimination of the Croft Corners Center, and it should be reinstated in the Comprehensive Plan and implemented' zoning. 27 Promoting preservation of locally designated historic sites_: The Plan [page 20-23] acknowledges the importance of encouraging preservation of locally designated historic sites, but the Zoning [section 210-76 (G) (4), page 1331 limits the Tier 4 Historic Preservation Incentive to only state or federally listed historic structures. 28 Promoting a variety of housing types: The Housing Policies in the Plan [Chapter 5] acknowledge the need to provide a wide variety of housing types, across all ranges of affordability. Specifically, Policy 5.3 notes that: The Town's centers should be the focus for any new moderate to higher density units, housing over or adjacent to storefronts and housing for seniors, to alleviate dependency on the automobile and reinforce the traditional community center land use pattern. C&F. L2 17 C U D D FEDER"' The Centers section of the Plan (page 70) also encourages the placement of multi -family housing in Centers: The Town's multi -family zones are also in mostly scattered suburban locations, primarily approved on a project -by -project basis. New attached and detached housing options should be mixed in and around centers, with close access to neighborhood stores, services, and public transportation, rather than in isolated projects, located in outlying multi -family zones. Yet the Zoning discourages, rather than implements, this Policy, as discussed in Point VI. 29 Preservation of the Casperkill Golf Course: The Recreation portion of the Community Facilities Section of the Plan (Chapter 7) acknowledges the importance of preservation of the Casperkill Golf course. Other recreational facilities available in the Town include several golf courses: McCann Golf Course, owned by the City of Pougkeepsie, and two private courses that are open to the public: Casperkill Country Club and the Vassar College Golf Course. Another course, the Dutchess Golf and Country Club, is open to club members only. These courses are an important component of the Town's recreational - resources, and the Town could consider a variety of land use regulations that could be adopted into the Town Code to help ensure that they are preserved. But this language is vague, as compared to previous plans. The 1990 plan stated: The two large private recreational landholdings, the IBM Country Club and Dutchess Golf and Country Club should retain their open - space character. 30 The Town should do what it can to encourage these parcels to be retained in their current use. Future development of these properties should use clustering and other design techniques to retain the appearance of openness and green areas they now provide. Development should be limited to office -research or cluster residential use. The openness of these properties greatly contributes to the quality. of the Town. C&F: n! L2 CUDDY FEDER.. 1990 Master Plan, page 20 makes cursory reference to the idea that the Town "could consider a variety of land use regulations that could be adopted into the Town Code to help ensure that they [the golf courses] are preserved." [see page 45.] The vague allusion to future action is an abdication of present responsibility. As proposed, the R -2A density regulations will encourage redevelopment of the land on which the golf course is presently located, rather than preservation of the course. The additional 100 foot buffer requirement further reduces density. It also fails to clearly provide that the buffer area can be used as part of the golf course. This should be amended. The Zoning should also authorize .ownership and operation methods that allow the continuation of a viable golf course business by a private operator, subject to covenants and restrictions which prevent any future development of the golf course lands for any purpose other than golf course/open space. Potential preservation methods are discussed in the Casperkill DEIS (6 volumes), in the Town Board's possession. Similarly, recreation policies 7.1 and 7.2 should amend the provisions encouraging " 'no net loss' of recreation facilities... in the Planning Process" to acknowledge that the law does not allow the Town to take private property without legal compensation. Language on page 58, which states that the baseball fields on the Casperkill property "should be preserved" should also be modified, to acknowledge that these fields are not owned by the Town. 31 Transfer of Development Rights: The Centers and Greenspace Chapter is the heart of the Comprehensive Plan. It recognizes that the transfer of development rights into growth centers is an appropriate technique to preserve greenspaces while preserving outlying lands. (page 55) The zoning, in contrast to the plan, has simply deprived the outlying areas of density, without transferring it to the centers. Centers: The inconsistency of the Zoning with the Plan is discussed in Poll 32 VI. Clarification needed re: interconnection of roads: Transportation Policy 6.5, also implemented in the Zoning is written in confusing language and needs clarification (the words that obfuscate the intention are italicized): The Town should require interconnected roads within new subdivisions and avoid cul-de-sacs to provide more efficient traffic circulation and emergency response routes, require road connections between new adjacent subdivisions, and minimize vehicular access points to major roads. C&F: 19 CUDDY& FEDER"' What is to happen when a new subdivision is located next to an existing subdivision? Does the Town want to require interconnection or not? caps: ng L2 20 CUDDY& FEDER"" POINT VIII The documents fail to meet SEQRA, procedural and legal 33 requirements: The plan in its current form was the product of a long closed process from the Fall of 2004 to September 2005, that allowed no opportunity for public participation. Since releasing the Draft Plan in September 2005, and allowing only written comments in October 2005, the Town Board, during the past two years, materially revised the previous plan and developed zoning laws to implement it, all without public hearing. By withholding the opportunity for a public hearing until after development of the Plan, the Zoning to implement it, and the superficial, non -scoped, DGEIS, the Town Board has unfairly skirted its obligation to have a public process, and to have multiple public hearings in the development of the Comprehensive Plan. It has also presented its finished product as a fait accompli. The Plan admits as much at page 92, by stating that "Alterations to the Plan at this time may upset the balance that has been achieved." Based upon all the circumstances, it was an abuse of discretion for the Town Board not to conduct a formal scoping process on the DGEIS. As noted in all the preceding sections, the DGEIS is flawed because it neither identifies the relevant areas of environmental concern, not takes a hard look at them. The DGEIS is also fundamentally flawed because it relies on the claim that the Plan itself does not authorize or approve any development and that impacts will be considered on an ad hoc basis, applied to each development. 34 These statements should be stricken from the DGEIS, as it is the duty of the Town, to examine the impacts of its zoning actions at the earliest possible time, i.e. at the time the zoning is adopted. Brew v. Hess, 124 AD2d 962 (3d Dept. 1986) The Plan, DGEIS, and zoning regarding Incentives is also fundamentally 35 flawed because the Town has neglected its duties as required by Town Law §261-b. Town Law requires a Town Board to prepare a GEIS analysis which addresses the environmental effect of the bonuses on resources, environmental quality and public facilities, prior to the creation of any district in which incentives or bonuses may be available. Section 261-b requires the Town to conclude, prior to the adoption of any incentive program, that the district will contain "adequate resources, environmental quality and public facilities" and that there will be no significant C&F:'M L21 2 CUDDY& FEDER environmentally damaging consequences as a result of the grant of such incentives. The Town Board's Plan and DGEIS fail to satisfy the requirement of §261-b, and attempt to defer the analysis to a case-by-case analysis at the time any density bonus is applied for. This is improper. Unless the density bonus system is properly founded on this DGEIS analysis, the entire system of density bonuses is in jeopardy. A proper analysis of the impacts of the density bonuses will show that densities equivalent to the existing densities at many locations in the Town, including the Casperkill property, would have no significant environmentally damaging consequences, thus establishing that the drastic upzoning is improper and lacking in justification. (See Casperkill 6 -volume, site. specific DEIS, previously provided to the Town Board.) Beyond all the specific comments contained in this letter, the overall result is that the Town has conducted a review process which is a mockery of planning, zoning, and SEQRA standards. After a two-year moratorium, the Town has presented a Plan, developed largely in secret and repudiating 50 years of previous planning (including a draft plan prepared in 2004), justified by a 19 page DGEIS. This process will not withstand judicial scrutiny. C&F., L2 22 CUDDY & F E L E POINT IX Specific comments on Zoning text: The following comments, proceeding progressively through the text, address specific sections: Definitions: The proposed Zoning lacks a definition of SINGLE FAMILY DWELLING UNIT. The present definition of "Single Family Dwelling" is actually a definition of a detached single family dwelling. The definition should be changed to read as follows: DWELLING UNIT, SINGLE FAMILY = a building or an entirely self- contained portion thereof containing complete housekeeping facilities for only one family, and having no enclosed space (other than vestibules, entrance or other hallways or porches), cooking or sanitary facilities in common with any other dwelling units. A boardinghouse, dormitory, hotel, inn, nursing home, or other similar structure shall not be deemed to constitute a dwelling unit. (This definition was taken from the T/Wallki.11 code. Others could be substituted.) Concomitantly, a definition should be placed in the code for: DWELLING UNIT, DETACHED= A detached building containing no more than one dwelling unit. The present definition of "DWELLING, TOWN HOUSE" contains an illegal requirement that: "Ownership of the town house shall include the land on which the unit is placed." It is illegal to attempt to regulate forms of ownership in zoning, and this requirement should be eliminated. 36 Section 210-15: Residence Single Family 2 Acre (R -2A) j 37 Section B:. The changed definition of "single family dwelling" (see above) is necessary to make sure that all dwelling types which can be authorized under a cluster approval under section 177 are permitted. Section 210-24 Crown Heights Center Overlay (CHCO) District 38 District Purpose (210-24 A): To accommodate the LRK plan, the diameter of the center needs to be 2640 feet -(1/2 mile). The 1/4 mile radius should be C&F:77931 L2 23 CUDDY&: E �ti.,.,. F E D measured from the frontage on either side of Route 9. Note that the County comments recommend a 2640 radius, and a 5,280 diameter. The center is now too small to accomplish the stated purposes. Permitted Uses (210-24 B): It is unfair to treat CHCO differently than 39 every other center, where no uses are permitted as of right, and the Town Board will have legislative discretion to deny any use, even if it is listed in the zoning. Every other Town Center has a list of permitted uses and a list of special permit uses. The LRK plan should be incorporated in the zoning as a permitted layout for the CHCO In the list of uses, the Town should confirm that "multi -family" includes apartments, including apartments over commercial, in addition to townhomes and condominiums. Hotels should be added as a permitted use, as they are in all other Centers on Route 9. Development Master Plan approval (210-24 Cl: 40 CHCO is the only center district which provided a density limit and still requires a discretionary approval of the TB any development take place. It is also the only district that requires an ad hoc Town Board approval for any use whatsoever. This is an abuse of the zoning power. The Development Plan approval should be eliminated, and a list of permitted uses adopted. (C) (3) Drive-thrus: The total prohibition on drive-in and drive-thrus contradicts standard C (26) which states: "Drive-thru facilities, where permitted, shall be located at the rear of buildings and landscaping shall be used to reduce the visibility of such facilities." Section C (3) or C (26) (F) should be retained, and rewritten as follows: "Drive-thru facilities shall provide only accessory access, and not the primary access to buildings. Such accessory drive-thru access shall be on the rear or sides of a building and placed and screened so as to minimize paving and minimize views of the lines of autos from public gathering places within the project." 24 C&F' L2 CUDDY FEDER". 41 Development standards in CHCO nroiect (210-24 D): Maximum retail use density (standard 3): The text should be expanded to read: "...non -retail uses such as offices, service and -personal service business health clubs and recreational uses theatres restaurants, civic uses, or other uses not principally devoted to sale of goods for removal from the premises. Maximum residential density (standard 5): Should be increased to 6-8 units per acre. The present 4 per acre discriminates against CHCO. All centers other than Rochdale (the smallest) allow 6 per acre (Arlington; Salt Point; McDonnell Heights). .Arlington allows an increase to 8 per acre, solely by approval of the Planning Board. The Town Board should consider similar treatment for Crown Heights. Open space (standard 13): Requires 20% open space, which prevents development of the LRK plan. This should be reduced to 10% to accommodate a proper Center plan. Cluster standards: Chapter 177 of subdivision law: Section 177-14 Cluster Subdivisions: C. Purposes of Cluster: None of the stated 9 purposes for a cluster development is clearly applicable to Casperkill. A 10th should be added: 42 10. Continuation and maintenance of open space recreational resources, such as golf courses. D. Preservation of land: Suggest language be changed as follows: 43 A cluster subdivision accomplishes the purposes ... by grouping residences in those areas where development would have the4 a- t -less impact on identified natural and community resources. The approved cluster subdivision plat shall identify, with specificity, the location and type of any resource(s) to be preserved. The resources(s) shall then be permanently preserved through the use of a conservation easement(s). G. Requirement of the as -of -right plan. In the event of a cluster, it is confiscatory to force the applicant to comply with the 100 foot buffer on the as -of -right plan. This unnecessarily forces the reduction of density. C&F:7793: L2 0 1 45 J. Calculation of the minimum Open Space Set Aside for Clusters: The language should confirm that the 100 foot buffer counts as part of the open space set-aside. 46 K. Incentive density: By requiring a determination that the incentives "would not have a significant adverse environmental impact, the Board is limiting incentives to situations where a negative declaration would be issued. This will disqualify every large project." As noted in Point VIII, Town Law 261-a requires that the DGEIS on the rezoning make the determination that the density incentives will not have inappropriate adverse impacts This issue is not properly deferred to an ad hoc determination in each application. , 47 0. Configuration of open space: Requires at least 70% of the open space to be "continuous and unbroken by buildings or structures that would materially interfere with wildlife movement. Delete the words _+rro vir �e roes rdaMy lines. because boundary and lot lines do not interfere with wildlife movement. You have already said in other sections that open space within 100 feet of a dwelling can't be counted as open space (see definition). 48 S. This section exceeds permissible limits. The Town can require that 50% of the land be preserved as open space. But it cannot require that all land, not otherwise in lots, be preserved in a particular manner. Also, the section should be amended to provide that the appropriate percentage of "open space which is not included in a cluster development plat as building lots, roads, or parkland areas, storm drainage areas common areas utilities or other accessory structures, uses or other improvements related to the cluster development shall be set aside as permanent open space. The open space can be owned in one or more of the following ways: As one or more -& separate parcels by HOA As one or more -a separate parcels owned by the TOP or another non- profit approved by the Town Board, or As one or more separate parcels owned in private ownership, which may, in the event of By ene or ''_e+ = .. ___ "'I'^"" t' open space is partially located on a number of lots, be owned by one or more let owners. In all cases, a -n4 there are must be appropriate restrictions and covenants to ensure the permanent preservation of the open space. c&F: ng.,,L2 W CUDDY,z F EDER". U. T. Prohibited Use: As written, this section would prohibit golf -course use in the open space, a key element of Casperkill. The text should be modified as follows: Prohibited Use. No portion of the open space shall be used for roads, building lots, utility structures, driveways, or any principal or accessory structures, except for utility lines and connections installed underground. In addition, no part of the open space shall be used for residential, industrial, or commercial purposes, except in connection with active agricultural, recreational, or and forestry use, or other permitted uses of Oven Space as stated in the Zoning law and subdivision regulations. 50 V. Plat notations. The subdivision plat has to show the management of the open space, and refer to the Liber and Page of the conservation easement and restrictive covenants. [It would be better not to require the liber and page (now document number) because the map and the docs will be filed/recorded simultaneously, so the document number may not actually be available when the map is filed.] 177-18: Calculation of maximum density: 51 This provision is confiscatory. Most zoning ordinances give some credit for constrained land. Second, the provision is unduly difficult to apply. Why not just have the developer avoid the constrained lands on his as -of -right plan? It is impossible for an applicant. to determine the area reductions for road and storm drainage facilities before actually drawing a plan. The plan itself should be drawn, excluding from lot areas the roads, storm drainage facilities, as well as the other restricted lands and the resulting number of lots used as the established density. If the BY formula is a separate constraint, it puts the developer through the difficulty of first laying out a plan (so he can even determine how much road and storm drainage space is needed), then applying the BY formula; if he determines he has too many houses, he then has to redesign a plan; reapply the BY formula; ultimately going through a great number of calculations. Why? If the plan is laid out to avoid the constrained land, this should be enough. Finally, the permission to "count" constrained land for which permits have been given is illusory, since one has to go through the subdivision process to C&F:1 L2 27 CUDDY:. FEDER"" obtain permits; yet one can't begin the permit process without knowing the lot yield. 52 210-76 Incentives: The incentives should be as -of -right. The Town's DGEIS should conduct the SEQRA analysis required by 261-b to determine the environmental effect. The proposed incentive system is actually a disincentive, because an applicant is not really sure that he can obtain the incentives until the end of the SEQRA process. Therefore, he has to go through the whole EIS with at least two alternatives --with and without incentives, and perhaps a number of various incentive scenarios. Since the determination is discretionary, the applicant is put through a great deal of analysis with no certainty of success. The Town Board reserving the authority also subjects decision making to NIMBY pressure from neighbors, making it difficult to make a neutral decision. Several clarifications are needed in the definition of USABLE OPEN SPACE, presently defined as follows: 53 OPEN SPACE, USABLE --An unenclosed portion of the ground of a lot which is not devoted to driveways, access roads, parking spaces, or required landscaping; which is free of structures of any kind; which is no less than eight feet in width at any point; which is available and accessible to all occupants of the building or buildings on said lot, or on a separate dedicated lot as part of a common development scheme, for purposes of active or passive outdoor use; and where not less than seventy percent (70%) of the lands is continuous and unbroken by intervening lot lines, boundary lines, or structures. First, it should be verified that the Casperkill golf course would qualify as usable open space. It seems to qualify as. "active or passive outdoor use" but this should be clarified. Second, why can't usable open space include "required landscaping?" Third, why must usable open space be "free of structures of any kind"? Might one not want a comfort station in a park? Accessory parking for a park or golf course? An attractive statue? Fourth, the phrase "available and accessible to all occupants of the building or buildings on said lot" is confusing and does not appear to be necessary. C&F: 779: -- -' L/�L 28 CUDDY& FEDE ,' Fifth, lot lines and boundary lines are invisible and do not break up open space for wildlife movement. There is no need to prohibit lot lines in usable open space. Moreover, the 70% minimum seems unduly harsh. The open space is often determined by where the valuable resource is. If less than 70% is continuous, that should not be an automatic disqualification. The definition of OPEN SPACE also raises several issues: First, why is land used for parking excluded? Why shouldn't, accessory parking be deemed a valuable accessory use to open space? Same with lands necessary for access. If it is important in order to use the open space, it should count as part of the open space. Suggested rewording is as follows: 54 OPEN SPACE= -Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive, architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure only when such areas are necessary to access to open space, or enhance the use of the open space. Open space may be included as a portion of one (1) or more lige lots, or may be contained in a one or more separate open space lots but shall not include private yards within one hundred (100) feet of a principal structure. 55 G. (2) (c) Effect on recreation fees. It is illegal to attempt to "predetermine" that dedications are in addition to recreation fees. Case-by-case determination in accordance with the applicable legal principles is more appropriate. G. (4) Tier 4 Historic Preservation Incentive. 56 This Incentive should not be limited to structures on the state or federal list of Historic Places. It should include locally listed structures, such as that on the Casperkill site. H. Procedure to get incentives: 57 The County's comments are correct. The Incentives should either be as of right (the best way to "incentivize" the benefits to the Town) or the Planning Board should approve them as part of the site plan or subdivision process. C&F: n9 L" 29 i L CUDDY& FEDER". 210-73 Golf Courses: 58 The zoning law should implement strategies to enable the preservation of the Casperkill Golf course. The provisions of this section should be changed as follows: 2. Buildings associated with golf course must be 200 feet back from any external street or property line. 3. Parking areas must be 50 foot setback from external property lines. Need off-street parking under 210-92. 4. FaiFways and +'-- `int -f et f -e --any ,'aniAia r.rr.r.rrty Vie.—[Many neighbors want the increased property value of looking over a golf course. 5. Year -r-oun4-ser-eeaing of eQ bis--and-pO-FkiRg-ireas&i,„ii installed aleng residentia4 p-reper-ty 11i 3-3 e. Appropriate landscaping/screening shall be provided around golf course buildings and parking areas to screen views from existing developed residential properties outside the golf course property. C&F:779 L2 30 CUDDY. FEDER' CONCLUSION GDC continues to support a viable Centers plan at the Casperkill property, one which sets forth specified permitted uses and density standards, and eliminates the proposed ad hoc and uncertain nature of the present proposal. We hope that such a plan can be developed and supported by an appropriate EIS process. Copies of the previous letters of September 3, 2004, October 24, 2005, February 9, 2006, and June 27, 2007 are attached, as is a copy of the LRK plan for the east side of the Crown Heights Town Center. Respectfully submitted, renr L. Van Tuy1 Cuddy & Feder LLP 380 Westage Business Center Suite 380 Fishkill, NY 12524 845-896-2229 Fax 845-896-3672 jvantuyl@cucldyfecler.com cc: Laura Wojtowicz, Planning Department Neil Wilson, Planning Consultant Susan Miller, Town Clerk Thomas Mahar, Esq. David Hagstrom, Esq. C&F: 779358.1 31 ii - # ,i - J �'•-:,,y��.wr..�R.�.^...:._ zw.....a:... -.tx- �. r i`, f s a 1i'a V 'p �WTW M. r 11, Ak16 Al 14 OEM 182 Nossou Street, Suite 201 r. t j h a Poughkeepsie, k\ Telephone 0 .tl Casperkill Village Center Fox 0' 683 0054 Ginsburg Development Companies - Valhalla, NY Internet: www.irk.com .. . . It .. Looney Rlek; Kiss _. _, . , . .. Concept Plan - Golf Estate Homes Casperkill Village Center ■ Poughkeepsie, NY Ginsburg Development Companies - Valhalla, NY 182 Nassau Street, Suite 201 Princeton, New Jersey 08542 Telephone 609 683 3600 Fox 609 683 0054 Internet: www.lrk.com 03.06020.01 -March 16, 2007 weer. NdM6 Pd..... C.I br ArcMIW�n • P�onning • Mt.riors • R.,..rch ''^".-gym•; ` .. .y v a s {: �.�:A FSS a g 46 AA r r 7 k es. F F C e, e .$ r i fTi � s 10 A Concept Plan - Village Center 182 Nassau Street, Suite 201 Princeton, New Jersey 08542 Casperkill Millage Center - Poughkeepsie, NY Telephone 609 683 3600 Fox 609 683 0054 DevelopmentGinsburg 1e 1_1 1 4T,TLooney R[AS K-iss .... - .-. _. D Yfz F LLT' June 27, 2007 Hon. Patricia Meyers and Members of the Town Board Town of Poughkeepsie } 1 Overrocker Road Poughkeepsie NY 12603 300 Westage business Cent Fishkill, New York 12524 Tel 645.8962=9 Fs__ 6=i; www.cuddlfc-o'er.com Re: Proposed new zoning, master plan, and DGEIS Comments on behalf of Ginsbure• Development Corn. Dear Supervisor Meyers and members of the Town Board: I ask that this letter be made part of the record of tonight's hearing, to briefly state the position of GDC on the Town Board's proposal. With millions of dollars invested in this property, GDC has submitted a 6 -volume Environmental study that establishes that development at the R-20,000 density is consistent with the Town's past 60 years of development and master planning, and will not cause any untoward adverse impacts. GDC's proposal would, moreover, preserve the Casperkill golf course as an important public amenity. In contrast to this in-depth study, the Town's proposed plan and zoning law contain no planning or environmental basis for the virtual confiscation of all development rights from the Casperkill property. In spite of the losses that the proposed new zoning would inflict, GDC has been working with the Town Board since October of last year to avoid litigation. GDC has developed a plan that would fulfill the vision of the Town's Master Plan in developing a Town Center, and allowing some limited development of the rear of the property. This plan, prepared by LRK Associates, planners of national renown, meets the highest goals of the Town's Plan and TND planning. GDC shared the LRK Town Center plan with Town officials, and expected that the proposed zoning would endorse development under that plan. Yet under the present proposed zoning text, the LRK plan *.cannot be built. MR 775316.1 F:f _. .Y Wl-dte Plains Fishk.ill New York City Norwalk: CUDDY June 27, 2007 Page 2 The present text of the overlay contains a number of provisions that effectively prohibit the plan, contrary to the Town's own professed goals. More importantly, the insistence by the Town Board on retaining total discretion to deny virtually all development rights to the Casperkill property is totally confiscatory. GDC can not build anything in the Town Center without discretionary approval by the Town Board, approval which could readily be denied. The density "bonuses"-- necessary to attain even development levels substantially below existing --are equally illusory, because they also depend on the discretionary approval of the Town Board, approval which could readily be denied. The proposed zoning text clearly targets the Casperkill property in a manner unlike any other in the Town. The Town has taken virtually all development rights away from Casperkill, leaving GDC to rely on the discretion of the Town Board to potentially return some rights in the future. GDC remains committed to the parameters of the LRK plan, and seeks to develop a Town Center in congruity with the Town Master Plan. The proposed zoning needs to be corrected to allow GDC to build the LRK Town Center plan under as -of -right density provisions. Absent this, as we have discussed in the past, GDC would be forced to litigate the validity of the zoning, and its underlying master plan and SEQRA process. In view of the three-minute limit at the hearing, our detailed comments will be submitted by July 9th, or such other comment deadline as the Board may establish. J Very truly yours, J .�r.VanTuyl cc: Martin Ginsburg Kevin Marrinan Philip R. Evans C&F: 775316.1 Appendix B DGEIS Public Hearing Transcript TOWN OF POUGHKEEPSIE f SPECIAL TOWN BOARD MEETING COMMITTEE OF THE WHOLE MEETING REVIEW OF THE PROPOSED TOWN PLAN, PROPOSED ZONING LAW, PROPOSED SUBDIVISION LAW & THE PROPOSED DGEIS POUGHKEEPSIE TOWN HALL OVEROCKER ROAD POUGHKEEPSIE, NEW YORK 12601 JUNE 13, 2007 7:00 P.M. BOARD MEMBERS: PATRICIA MYERS-SUPERVISOR JON BAISLEY-COUNCILMAN, FIRST WARD DOMINIC SEMINARA-COUNCILMAN, SECOND WARD GEORGE FINN, JR. -COUNCILMAN, THIRD WARD MICHAEL CIFONE-COUNCILMAN FOURTH WARD STEPHAN KRAKOWER-COUNCILMAN, FIFTH WARD TODD N. TANCREDI-COUNCILMAN, SIXTH WARD THOMAS MAHAR-TOWN ATTORNEY BY: CONSTANCE MASON WALKER SCHMIEDER & MEISTER LLC 82 Washington Street Poughkeepsie, New York 12601 (845) 452-1988 1 Vj 1 PUBLIC HEARING -1/31/07 2 3 SUPERVISOR MYERS: Good 4 evening, everyone. I would like to thank 5 you for coming this evening. I would 6 like to call the meeting to order. I 7 would ask that everyone stand for the 8 Pledge of Allegiance. 9 ( WHEREUPON, the Pledge of 10 Allegiance was recited. ) 11 SUPERVISOR MYERS: Roll call, 12 please. 13 COUNCILMAN BAISLEY: Jon 14 Baisley, First Ward. 15 COUNCILMAN SEMINARA: Dominic 16 Seminara, Second Ward. 17 COUNCILMAN FINN: George 18 Finn, Third Ward. 19 COUNCILMAN CIFONE: Michael 20 Cifone, Fourth Ward. 21 COUNCILMAN KRAKOWER: Stephan 22 Krakower, Fifth Ward. 23 COUNCILMAN TANCREDI: Todd 24 Tancredi, Sixth Ward. 25 SUPERVISOR: Pat Myers, SCHMIEDER 6 MEISTER, INC (845) 452-1988 3 1 PUBLIC HEARING -1/31/07 2 Supervisor. 3 TOWN ATTORNEY: Thomas Mahar, 4 Town Attorney. 5 TOWN CLERK: Susan Miller, 6 Town Clerk. 7 SUPERVISOR MYERS: Good 8 evening. The first item on our agenda 9 this evening is the long awaited public 10 hearing to review the proposed Town Plan 11 and Zoning law, Subdivision law and the 12 Proposed DGEIS. 13 There is a sign-up sheet out 14 in the hall and if you didn't sign up and 15 you wish to speak, can you please go sign 16 up. 17 We are going to limit 18 speaking to three minutes per person as 19 per the Town Board rules. Carol has the 20 timer. She is in the front row. She 21 will try and hold you to that. We 22 encourage everyone to submit written 23 comments in addition or along with -- 24 The first person on our list 25 is Jean Claude Fouere. Spell your name SCHMIEDER & MEISTER, INC (845) 452-1988 4 1 Public Hearing 6/13/97} 2 and speak slowly. 3 MR. FOUERE: Before we start 4 I want to give you two exhibits. My name 5 is Jean Claude Fouere, F -O -U -E -R -E. 6 I am presenting several 7 comments on behalf of the CAC, 8 Conservation Advisory Commission. We met 9 several times in going over the Master 10 Plan. 11 The first comment refers to 12 the fact that back in March we submitted i 13 a long list of comments, 13 pages, 14 including a draft of the tree ordinance 15 and it looks like the updated Master Plan 16 didn't take any of these comments into 17 consideration which of course doesn't 18 make us feel too good about the work we 19 have done. But, further for you it 20 cannot undermine the credibility of any 21 public hearing. 22 That being said we would like 23 to restate some of our comments, general 24 comments. 25 We generally support the idea SCHMIEDER & MEISTER, INC (845) 452-1988 5 1 Public Hearing 6/13/97) 2 of the Town Centers as long as it is 3 preserving and protecting open space 4 which could be further secured by 5 implementation of protective easements; 6 protection of the water bodies, streams, 7 wetlands and also protection of natural 8 resources such as trees and the like. 9 As it concern of the Town 10 centers, we again support the general 11 concept. However, we think we need a 12 more detailed description of what they. 13 are, with exact locations. I think that 14, is more defined with the Town to what 15 extent do the Town Centers extend. We 16 look at the history of current defined 17 Town centers and I have listed out form 18 the Master Plan Draft, the minimum lot 19 size, the minimum frontage area, the 20 maximum coverage and I am assuming that 21 this is -- and parking lots, the maximum, 22 the impervious surface, we noticed the 23 maximum impervious surface is very high. 24 It is actually 1001 in two of the 25 centers. Under normal is 80% is the SCHMIEDER & MEISTER, INC (845) 452-1988 n. 1 Public Hearing 6/13/97} 2 other one and therefore, if there is an 3 absolute need to convert all the Town 4 centers with parking that we create we 5 would highly recommended better to use 6 for impervious parking so as to help with 7 storm water which seems to bean 8 increasing problem and also with generous 9 allocation of trees and a lot of to landscaping which would provide shade. 11 Lastly, two comments. We 12 haven't seen in the Master Plan, at this 13 stage, any total and binding 14 incorporation -- what if all the Town 15 centers are developed -- Let's say under 16 three assumption; low development; 17 medium impact development, and highest 18 development. What would it do to the 19 total population increase over a say five 20 or ten years and what would be the 21 increase in traffic? 22 And it seems to me that I 23 don't think we can honestly sign off to 24 any Master Plan without seeing what are 25 the expected requirements in terms of SCHMIEDER & MEISTER, INC (845) 452-1988 7 1 Public Hearing 6/13/971 2 utilities, sewage, water in terms of 3 additional roads, in terms of the 4 widening of roads,. 5 I mean would you sign a 6 contract with anyone if somebody comes to 7 you and shows you that but doesn't 8 exactly tell you what would be the cost 9 to the community? I think that would be 10 a mistake. 11 And again, we support the 12 general idea of the Town centers. We 13 appreciate the work which has been done 14 but I think we need to tell the community 15 the taxpayers, which we are, how much, 16 what would be needed in terms of 17 infrastructure to support this 18 development. 19 And last, we at the CAC, we 20 will be prepared as usual to provide you 21 the support that you will need to finish 22 the Master Plan. Thank you. 23 SUPERVISOR MYERS: Thank you. 24 Adam Bade. 25 MR. BADE: I have spoken with SCM41EDER & MEISTER, INC (845) 452-1988 8 1 Public Hearing 6/13/971 2 several of you before and I just wanted 3 to say I do appreciate the work you are 4 doing and the direction you are trying to 5 go. However, when I read through the 6 revised draft it still seems to me that 7 it is almost a Draconian change from 8 the current situation to what you are 9 trying to put together as far as to preserving your open space here, taking 11 huge swaths of land that were -- people 12 purchased with the understanding that 13 they could develop it to a certain level 14 and you aren't giving them an adequate 15 opportunity to develop those without 16 going through some significant changes to -17 what their original plans were. 18 In addition to that, you 19 remain keeping a net -out provision in 20 your subdivision proposals that requires 21 the net -out of wetlands and steep land 22 which has the effect of further 23 decreasing lot density and in some cases, 24 fairly dramatically. 25 There needs to be, at least SCHMIEDER & MEISTER, INC (845) 452-1988 E 1 Public Hearing 6/13/97} 2 from my perspective, some kind of meeting 3 in the middle, not a switch from five to 4 four, but a switch from five to two or 5 two to three, somewhere where the people 6 that have land out there that's being 7 affected, can say: Alright, this isn't 8 something that I am happy with but it's 9 something that I can accept because I 10 understand the Town is trying to improve 11 everything overall. When you are seeing 12 a switch from one to five it's hard to 13 say: I can understand what's going on 14 without saying what the heck is happening 15 to me? 16 I hope you guys take one more 17 look at this and the effect that it is 18 having now and into the future with 19 what's going to be your tax base, because 20 the people in the closer more highly 21 developed areas already are going to bear 22 the burden of the changes you are making 23 to the outskirts because the first thing, 24 you know at least that I am going to do, 25 if this thing goes through is to come and SCHMIEDER & MEISTER, INC (845) 452-1988 10 1 Public Hearing 6/13/97) 2 say that I am being assessed improperly 3 because the value of my land is decreased 4 immediately upon passage of this 5 provision. 6 SUPERVISOR MYERS: Thank you. 7 Larry Wolinsky. 8 LARRY WOLINSKY: Larry 9 Wolinsky, W -O -L -I -N -S -K -Y. 10 I am an attorney with the law 11 firm of Jacobowitz & Gubitz and I 12 represent the Hudson Heritage CPCR. The 13 purpose of my comments this evening is 14 simply to disclose to the Board that 15 there remain several very important 16 issues outstanding for my client with 17 respect to both the Master Plan and the 18 Zoning, HRDD zoning is to develop. 19 However, we have been working 20 very hard, very diligently with both Neil 21 Wilson, David Hagstrom and several 22 members of your Board to try and come to 23 a mutual resolution of those outstanding 24 issues. 25 Consequently, what I would SCHMIEDER & MEISTER, INC (845) 452-1988 1 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing 6/13/971 like to do and based on my understanding that this hearing will be held open and continued on the 27th of this month, is to reserve our right at this point in time to make anything more of the specific comment and then come back to you hopefully with a -- all our issues resolved to both of our satisfactions. So, thank you, very much and we'll see you on the 27th. SUPERVISOR MYERS: Pat Bunnell. MR. BUNNELL: First I wanted to commend the Board and the Town Supervisor for having gotten the plans to this point. It's clearly a good plan from many perspectives. I haven't had time to properly study it yet, but I wanted to make two or three comments with the understanding that I could still come again, a second time, the second shop, -- public hearing. The first comment is, the importance of sharing withe the general SCHMIEDER & MEISTER, INC (845) 452-1988 11 12 1 Public Hearing 6/13/971 2 public -- first of all the plan for all 3 kinds of reasons beyond the control of 4 the Board, public access to revised plans 5 was delayed. We just got it on the 6 website and I just discovered today in 7 attempts to get at it, if you have a 8 benchmark on your computer, a favorite, 9 if you have got the Town of 10 Poughkeepsie.com and you click on that, 11 you get the old Master Plan you don't get 12 the new one and it took me -- I had to 13 call over here to figure out how to get 14 to the new one and I just wanted to look 15 at the ad or the essentially an ad 16 provided by the Poughkeepsie Journal on 17 the front page -- I understand it.didn't 18 make that qualification. I short, it's 19 been darn hard for people at large, the 20 public we serve, to find out what is in 21 the new plan and I'm glad we are having 22 this second hearing but I think that the 23 implications is we have got to make a 24 special effort and it has to be 25 collectively approved by you guys to get SCHMIEDER & MEISTER, INC (845) 452-1988 13 1 Public Hearing 6/13/971 2 the word out, the small attendance 3 tonight I think is indicative of the fact 4 that there are not many people know where 5 we are at. 6 Secondly, in this regard, the 7 comments that have been as I understand 8 it, been sent to you by the CAC, as far 9 as I can determine, they are not on the to website and it just seems it just defies 11 common sense if we have a group of people 12 that spent a lot of time studying this 13 and has some reflections on it, those 14 comments ought to be available to the 15 public before we have the public hearing. 16 Let's get a healthy 17 constructive debate going. If they have 18 some questions that will help to . 19 stimulate the public that would make more 20 sense. 21 And lastly in this regard, 22 about public information, I was very 23 disturbed to hear that the County 24 Planning Board is working on preparing 25 comments as they are required to do under SCHKIEDER & MEISTER, INC (845) 452-1988 1 i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 oil 17 18 19 20 21 22 23 24 25 Public Hearing 6/13/97) law, but public access to those comments may not -- it's not clear whether they are going to be publicly available. It appears that they might not even -- I don't know what the latest word is, but might not be available until after the next hearing. Is that -- when is that Madame Supervisor? SUPERVISOR MYERS: The 27th. MR. BUNNELL: The 27th. I don't remember off -hand. Anyway, I would appeal to the Board and again, to make every effort to pressure the County to produce their comments before we close down the public hearing process so that those comments can be made, again, publicly available. I think the more discussion we can have the better public hearing we're going to have and that means having access to expert testimony. Lastly, on a somewhat different subject, I had the pleasure of attending yesterday in my role as a SCHMIEDER & NEISTER, INC (845) 452-1988 14 1 2 3 4 5 6 h 8 9 10 13 14 F1 16 17 18 19 20 21 22 23 24 25 Public Hearing 6/13/971 County Legislator the Patterns for Progress Conference on Affordable Housing. Amazing, there must have been 200 people there including our County Executive and several of our Town officials, a lot of private developers and non-profit outfits like Hudson River Housing. With regard to affordable housing I came away from that conference and I sat down and I read the overview section on housing in the Master Plan and said: Wow, we're already falling behind the -- the language -- the statistics and the language don't tell us although albeit updated to in some cases 2004, they don't tell us how serious the problem is in terms of affordable housing. The statistics we were given yesterday dramatized that. It dramatized it in two ways. One they sharpened one's sense of what affordable housing is all SCHMIEDER 6 MEISTER, INC (845) 452-1988 15 1 P% 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Fal 22 23 24 25 Public Hearing 6/13/97} about. This Master Plan said it is especially important to deal with senior housing and that was echoed very strongly in this conference by all -- but equally important what is called work -force housing. Now, what the devil is work -force housing? And the way they answered it is, think about who you went to school with or who you see on the street; your teacher, your fireman, your postman, the guy who works in a small local factory. That's what we mean first and foremost by work -force housing and they are hurting and they are hurting very strongly. So, I wanted to underscore that the situation of pain, real pain, is even more than what it is that it states in the report. And secondly, that the people that are hurting are not just seniors. I am a senior. I care, but I care about young people and I care about work, SCHMIEDER 6 MEISTER, INC (845) 452-1988 Ems: 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing 6/13/971 so-called work -force people and I will conclude by saying the conference to my pleasure as a resident of Dutchess County celebrated the fine examples that we have in Dutchess County of what they call leadership and creativity with regard to dealing with affordable housing including work -force housing and across party lines, Joan Panentas (PH). She was the star of the conference in terms of being referred to and also participating in because she took the initiative at some political risk initially to move forward with work -force housing as well as senior housing. Thank you, very much. SUPERVISOR MYERS: Thank you. Chris Friemuth. MR. FRIEMUTH: I am representing Vassar and I just wanted to say that in addition that we have some comments to the CAC and submitted to you and so as you know they were not incorporated and that's fine. So, we are hoping to give them to you again in a SCHMIEDER 6 MISTER, INC (845) 452-1988 17 18 1 Public Hearing 6/13/97} 2 different format. 3 We did it a little bit more 4 embellished -- certain environmental 5 stuff that we're talking about directly 6 relates to the economy and the public 7 health and property values and stuff like 8 that most other people are concerned 9 about. 10 So, a lot of people are going 11 to talk about the environment, talking 12 about development and they are both 13 fighting each other but I am here to say 14 that they don't fight each other and they 15 can have environmental solutions both at 16 the same time. 17 So, there are just a few 18 things I want to say and I'll read this 19 quickly -- 20 SUPERVISOR MYERS: If you 21, give it to me -- 22 MR. FREIMUTH: Okay, it's 23 this big fat thing. There's just a few 24 recommendations. 25 One is a statement of SCHMIEDER & MEISTER, INC (845) 452-1986 19 1 Public Hearing 6/13/971 2 purpose. I personally never write 3 anything unless I let you know why I am 4 writing it and basically the reason I 5 state the purpose is so when people ask 6 for variances and you say well, the 7 Master Plan says this that and the other 8 thing and you can say: Well, actually we 9 wrote it for a reason and when we wrote 10 it a lot of people agreed with us. 11 So -- and we even wrote sort 12 of a little what we call a Statement of 13 Purpose, mentioning what it looks like. 14 And then in terms of 15 wetlands, there has been a lot of talk 16 about flooding and erosion and stuff like 17 that, problems like that, and a lot of 18 the solutions for that we have been 19 studying with the Casperkill project -- 20 Research Institute and a lot of those 21 solutions are both good for the 22 environment and also good for the 23 property owners and all that. 24 So, the two specific things 25 are no -net loss on page 17, there is a SCHMIEDER & MEISTER, INC (845) 452-1988 1 2 3 4 5 6 7 8 13 14 15 16 17 18 19 20 21 22 23 24 25 Public Hearing 6/13/97) proposal for no -net loss policy and it's all in here and so I won't explain it but it just seems like -- one of the worst ideas we could think of in terms of protecting our wetlands and also protecting our economy. And then there is also in terms of the vegetative buffer, it has been proven time in and time again that it is better -- larger and healthier vegetative buffer around creeks and lakes and rivers protecting against flooding and erosion and things like that because property damage can and it is also dangerous and -- Transportation and I think we have an awesome transportation system -- public transportation sector in the town, in the county, but nobody knows about it. So, I think everything is fine on transportation if people knew about it that would be great. Thank you. SUPERVISOR MYERS: Jim Kitcher. SCHMIEDER & MEISTER, INC (845) 452-1988 20 21 1 Public Hearing 6/13/971 2 MR. KITCHER: I guess I'm 3 going to take a different tact. I would 4 like to speak briefly on people having 5 property in the district that borders 6 residential property and residential 7 property that borders commercial 8 property. 9 Something more should be to there in the zoning ordinances and in the 11 plan to protect the -residents who is 12 adjoining large parcels of prop4erty 13 which are being divided up and slowly 14 commercialized in an increased way. 15 So, I live on Van Sicklin 16 Drive and so just to the north of the new 17 Oakwood Commons South Street and it is 18 bordered by Hudson Plaza, Hudson -- 19 Germano Auto Center, IBM, Amarato Hess 20 and the new Spakenkill Plaza. 21 So, that is the surrounding 22 property owners and each of those parcels 23 has been developed over the last 55 24 years. Some people have been there 55 25 years now have a plaza plus a cell tower SCHMIEDER & MEISTER, INC (845) 452-1988 22 1 Public Hearing 6/13/971 2 plus a road plus a -- some of them many 3 have a gas station and a -- each time is 4 driven by some developer or a property 5 owner requesting something from the Town 6 everybody responds, Planners, Zoning 7 People, the Board, hearings and meetings, 8 but normally what happens is that our 9 open space has slowly been disappearing 10 rather -- 11 So, while the Town is buying 12 open space here, so open space is 13 disappearing around us and around I guess 14 all the people in the Town who border 15 commercial property. 16 So it's not just our street, 17 there's a lot.of streets that I don't 18 think the guidelines are strict enough 19 for what boundaries are required, you 20 know, what tree heights are required, you 21 know. Most of time it's a six foot 22 evergreen and sometimes maybe it's a 23 forty foot tree, but it's not indicated 24 most of the time for us -- 25 So -- specifically, again, SCHKIEDER & MEISTER, INC (845) 452-1988 23 1 Public Hearing 6/13/971 2 for the people who -- when a big piece of 3 property is subdivided and you know -- 4 and I moved in and IBM had it here, here, 5 here and here a building with open space 6 and then they are allow4ed to cut it up 7 and now each one piece gets allowed to be 8 developed right up to the maximum of the 9 zoning laws or whatever the laws are. 10 We wanted to be heard so -- 11 and it's.most of the time the people 12 don't have the time either to go to the 13 meetings that are occurring or whatever 14 you have to do. 15 So, I am here to say there 16 should be something in those -- the Plan 17 that empowers the citizens just our -- 18 you know the owner as opposed to 19 developer you know and I don't know what 20 exactly is it but good things happen like 21 Hudson Plaza. They put up cell towers 22 and they are planting trees out in front, 23 but for the person who has been living 24 there for 50 years on the other border of 25 the property nothing is happening. So, SCHMIEDER 6 MEISTER, INC (845) 452-1988 24 1 Public Hearing 6/13/97} 2 she just has to look at the cell towers 3 in her back yard and I believe this Price 4 Chopper and Hudson Harbor traffic -- 5 that's the other side of the street. 6 So, I am just for something 7 in the Master Plan that considers what is 8 there and you know what is always 9 changing. Thank you. 10 SUPERVISOR MYERS: We have no 11 other names on the sign up sheet to speak 12 at the public hearing. 13 Motion to resume the rules? 14 COUNCILMAN BAISLEY: Motion. 15 SUPERVISOR MYERS: All in 16 favor? 17 COUNCILMAN BAISLEY: Aye. 18 COUNCILMAN SEMINARA: Aye. 19 COUNCILMAN FINN: Aye. 20 COUNCILMAN CIFONE: Aye. 21, COUNCILMAN KRAKOWER: Aye. 22 COUNCILMAN TANCREDI: Aye. 23 SUPERVISOR MYERS: MOtion 24 carried. 25 COUNCILMAN SEMINARA: SCHMIEDER 6 MISTER, INC (845) 452-1988 25 1 Public Hearing 6/13/97} 2 (Resolution) 3 BE IT RESOLVED, that the Town 4 Board of the Town of Poughkeepsie does 5 hereby adjourn the public hearings in 6 regard to the Draft Generic 7 Environmental Impact Statement, the Town 8 Comprehensive Plan Amendments, the Zoning 9 Law Amendments an the Subdivision Law 10 Amendments to June 27, 2007 at 7:00 p.m. 11 at the Town Hall, Town of Poughkeepsie, 12 One Overocker Road, Poughkeepsie, New 13 York; and 14 BE IT FURTHER RESOLVED, that 15 written comments on the Draft GEIS are 16 once again specifically requested and 17 will be accepted by the Lead Agency if 18 received at the Town of Poughkeepsie 19 Department of Planning, One Overocker 20 Road, Poughkeepsie, New York 12603 by 21 4:00 p.m. by July 9, 2007. Comments 22 should be addressed to the contract 23 person listed in the Amended Notice of 24 Completion, which was published on June 25 8th, 2007 in the Poughkeepsie Journal and SCHMIEDER & NEISTER, INC (845) 452-1988 26 1 Public Hearing 6/13/97} 2 should state the name and address of the 3 commentee party. So moved. 4 SUPERVISOR MYERS: Motion -- 5 properly seconded is there any 6 discussion? All those in favor? 7 COUNCILMAN BAISLEY: Motion. 8 SUPERVISOR MYERS: All in 9 favor? 10 COUNCILMAN BAISLEY: Aye. 11 COUNCILMAN SEMINARA: Aye. 12 COUNCILMAN FINN: Aye. 13 COUNCILMAN CIFONE: Aye. 14 COUNCILMAN KRAKOWER: Aye. 15 COUNCILMAN TANCREDI: Aye. 16 SUPERVISOR MYERS: Opposed? 17 ( No Verbal Response. ) 18 SUPERVISOR MYERS: Motion is 19 carried. 20 The public hearing will be 21 continued on June 27th. Anyone who spoke 22 can feel free to speak again. If you 23 didn't speak you can feel free to speak 24 at that point in time. Thank you very 25 much. SCHMIEDER & MEISTER, INC (845) 452-1988 27 1 Public Hearing 6/13/971 2 3 4 ( WHEREUPON, the Public 5 Hearing was adjourned at 7:30 p.m.) 6 7 8 C E R T I F I C A T I O N 9 10 I, Constance M. Walker, a 11 Short hand Reporter and Notary Public within and 12 for the State of New York, do hereby certify 13 that I recorded stenographically the proceedings 14 herein at the time and place noted in the 15 heading hereof, and that the foregoing is an 16 accurate and complete transcript of same, to the 17 best of my knowledge and belief. 18 19 20 Constance M. Walker 21 22 Dated: June 18, 2007 23 24 25 SCH IIEDER & MISTER, INC (845) 452-1988 A absolute 6:3 accept 9:9 accepted 25:17 access 12:4 14:2 14:22 accurate 27:16 ad 12:15,15 Adam 7:24 addition 3:23 8:18 17:21 additional 7:3 address 26:2 addressed 25:22 adequate 8:14 adjoining 21:12 adjourn 25:5 adjourned 27:5 Advisory 4:8 affordable 15:3 15:11,20,25 17:8 Agency 25:17 agenda 3:8 agreed 19:10 albeit 15:18 Allegiance 2:8 2:10 allocation 6:9 allowed 23:7 allow4ed 23:6 Alright 9:7 Amarato 21:19 Amazing 15:5 Amended 25:23 Amendments 25:8,9,10 answered 16:10 Anyway 14:12 appeal 14:13 appears 14:5 appreciate 7:13 8:3 approved 12:25 area 5:19 areas 9:21 assessed 10:2 assuming 5:20 assumption 6:16 attempts 12:7 attendance 13:2 attending 14:25 attorney 1:16 3:3,4 10:10 Auto 21:19 available 13:14 14:4,7,18 awaited 3:9 awesome 20:18 Aye 24:17,18,19 24:20,21,22 26:10,11,12,13 26:14,15 B back 4:12 11:7 24:3 Bade 7:24,25 Baisley 2:13,14 24:14,17 26:7 26:10 BAISLEY-CO... 1:13 base 9:19 based 11:2 basically 19:4 bear 9:21 behalf 4:7 belief 27:17 believe 24:3 benchmark 12:8 best 27:17 better 6:5 14:20 20:11 beyond 12:3 big 18:23 23:2 binding 6:13 bit 18:3 Board 1:2,11 3:19 10:14,22 11:15 12:4 13:24 14:13 22:7 25:4 bodies 5:6 border 22:14 23:24 bordered 21:18 borders 21:5,7 boundaries 22:19 briefly 21:4 buffer 20:9,12 building 23:5 Bunnell 11:13 11:14 14:11 burden 9:22 buying 22:11 C C 27:8,8 CAC 4:7 7:19 13:8 17:22 call 2:6,11 12:13 17:6 19:12 called 16:6 care 16:24,24,25 Carol 3:19 carried 24:24 26:19 cases 8:23 15:18 Casperkill 19:19 celebrated 17:5 cell 21:25 23:21 24:2 Center 21:19 centers 5:2,10 5:15,17,25 6:4 6:15 7:12 certain 8:13 18:4 certify 27:12 change 8:7 changes 8:16 9:22 changing 24:9 Chopper 24:4 Chris 17:18 Cifone 2:19,20 24:20 26:13 CIFONE-CO... 1:14 citizens 23:17 Claude 3:25 4:5 clear 14:3 clearly 11:17 Clerk 3:5,6 click 12:10 client 10:16 close 14:15 closer 9:20 collectively 12:25 come 9:25 10:22 11:7,21 comes 7:6 coming 2:5 commend 11:15 comment 4:11 11:7,24 commentee 26:3 comments 3:23 4:7,13,16,23 4:24 6:11 10:13 11:20 13:7,14,25 14:2,15,17 17:22 25:15,21 commercial 21:7 22:15 commercialized 21:14 Commission 4:8 COMMITTEE 1:3 common 13:11 Commons 21:17 community 7:9 7:14 complete 27:16 Completion 25:24 Comprehensive 25:8 computer 12:8 concept5:11 concern 5:9 concerned 18:8 conclude 17:3 conference 15:3 15:12 16:5 17:3,11 Consequently 10:25 Conservation 4:8 consideration 4:17 considers 24:7 Constance 1:18 27:10,20 constructive 13:17 continued 11:4 26:21 contract 7:6 25:22 control 12:3 convert 6:3 cost 7:8 COUNCILM... 1:14 2:13,15 2:17,19,21,23 24:14,17,18,19 24:20,21,22,25 26:7,10,11,12 26:13,14,15 county 13:23 14:14 15:2,6 17:4,6 20:20 course 4:17 coverage 5:20 CPCR 10:12 create 6:4 creativity 17:7 credibility 4:20 creeks 20:12 current 5:16 8:8 cut 23:6 D damage 20:15 dangerous 20:16 darn 12:19 Dated 27:22 David 10:21 deal 16:3 dealing 17:8 debate 13:17 decreased 10:3 decreasing 8:23 defies 13:10 defined 5:14,16 delayed 12:5 density 8:23 Department 25:19 description 5:12 detailed 5:12 determine 13:9 develop 8:13,15 10:18 developed 6:15 9:2121:23 23:8 developer 22:4 23:19 developers 15:8 development 6:16,17,18 7:18 18:12 devil 16:8 DGEIS 1:5 3:12 different 14:24 18:2 21:3 diligently 10:20 direction 8:4 directly 18:5 disappearing 22:9,13 disclose 10:14 discovered 12:6 discussion 14:19 26:6 district 21:5 disturbed 13:23 divided 21:13 doing 8:4 Dominic 1:13 2:15 Draconian 8:7 draft 4:14 5:18 8:6 25:6,15 dramatically 8:24 dramatized 15:23,23 SCHMIEDER & MEISTER, INC (845) 452-1988 Drive 21:16 driven 22:4 Dutchess 17:4,6 E E 27:8 easements 5:5 echoed 16:4 economy 18:6 20:7 effect 8:22 9:17 effort 12:24 14:14 either 23:12 embellished 18:4 empowers 23:17 encourage 3:22 environment 18:11 19:22 environmental 18:4,15 25:7 equally 16:5 erosion 19:16 20:14 especially 16:3 essentially 12:15 evening 2:4,5 3:8,9 10:13 evergreen 22:22 everybody 22:6 exact 5:13 exactly 7:8 23:20 examples 17:5 Executive 15:7 exhibits 4:4 expected 6:25 expert 14:22 explain 20:3 extend 5:15 extent 5:15 F F 27:8 fact 4:12 13:3 factory 16:14 fairly 8:24 falling 15:15 far 8:9 13:8 fat 18:23 favor 24:16 26:6 26:9 favorite 12:8 feel 4:18 26:22 26:23 Fifth 1:15 2:22 right 18:14 righting 18:13 figure 12:13 find 12:20 fine 17:5,24 20:21 finish 7:21 Finn 1:14 2:17 2:18 24:19 26:12 fireman 16:12 firm 10:11 first 1:13 2:14 3:8,24 4:11 9:23 11:14,24 12:2 16:14 five 6:19 9:3,4 9:12 flooding 19:16 20:13 foot 22:21,23 foregoing 27:15 foremost 16:15 form 5:17 format 18:2 forty 22:23 forward 17:14 Fouere 3:25 4:3 4:5 four 9:4 Fourth 1:14 2:20 free 26:22,23 FREIMUTH 18:22 Friemuth 17:18 17:19 front 3:20 12:17 23:22 frontage 5:19 further 4:19 5:4 8:22 25:14 future 9:18 F -O -U -E -R -E 4:5 G gas 22:3 GEIS 25:15 general 4:23 5:10 7:12 11:25 generally 4:25 Generic 25:6 generous 6:8 George 1:14 2:17 Germano 21:19 give 4:4 17:25 18:21 given 15:22 giving 8:14 glad 12:21 go 3:15 8:5 23:12 goes 9:25 going 3:17 4:9 8:16 9:13,19 9:21,24 13:17 14:4,21 18:10 21:3 good 2:3 3:7 4:18 11:17 19:21,22 23:20 gotten 11:16 great 20:23 group 13:11 Gubitz 10:11 guess 21:2 22:13 guidelines 22:18 guy 16:13 guys 9:16 12:25 H Hagstrom 10:21 hall 1:6 3:14 25:11 hand 27:11 happen 23:20 happening 9:14 23:25 happens 22:8 happy 9:8 Harbor 24:4 hard 9:12 10:20 12:19 heading 27:15 health 18:7 healthier 20:11 healthy 13:16 hear 13:23 heard 23:10 hearing 2:13:1 3:10 4:1,215:1 6:1 7:1 8:1 9:1 10:1 11:1,3,23 12:1,22 13:1 13:15 14:1,8 14:16,20 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:123:124:1 24:12 25:1 26:1,20 27:1,5 hearings 22:7 25:5 heck 9:14 heights 22:20 held 11:3 help 6:6 13:18 hereof 27:15 Heritage 10:12 Hess 21:19 high. 5:23 highest 6:17 highly 6:5 9:20 history 5:16 hold 3:21 honestly 6:23 hope 9:16 hopefully 11:8 hoping 17:25 housing 15:4,10 15:12,14,21,25 16:4,7,9,15 17:8,9,15,16 HRDD 10:18 Hudson 10:12 15:9 21:18,18 23:2124:4 huge 8:11 hurting 16:16,16 16:23 IBM 21:19 23:4 idea 4:25 7:12 ideas 20:5 immediately 10:4 impact 6:17 25:7 impervious 5:22 5:23 6:6 implementation 5:5 implications 12:23 importance 11:25 important 10:15 16:3,6 improperly 10:2 improve 9:10 including 4:14 15:6 17:8 incorporated 17:24 incorporation 6:14 increase 6:19,21 increased 21:14 increasing 6:8 indicated 22:23 indicative 13:3 information 13:22 infrastructure 7:17 initially 17:14 initiative 17:13 Institute 19:20 issues 10:16,24 11:8 item 3:8 J Jacobowitz 10:11 Jean 3:25 4:5 Jim 20:24 Joan 17:10 Jon 1:13 2:13 Journal 12:16 25:25 JR 1:14 July 25:21 June 1:9 25:10 25:24 26:21 27:22 K keeping 8:19 kind 9:2 kinds 12:3 Kitcher 20:25 21:2 knew 20:22 know 9:24 13:4 14:6 17:23 19:3 22:20,21 23:3,18,19,19 24:8 knowledge 27:17 knows 20:20 Krakower 2:21 2:22 24:21 26:14 KRAKOWER... 1:15 L lakes 20:12 land 8:11,219:6 10:3 landscaping 6:10 language 15:16 15:17 large 12:19 21:12 larger 20:11 Larry 10:7,8,8 lastly 6:11 13:21 14:23 latest 14:6 law 1:4,5 3:11 3:11 10:10 14:2 25:9,9 laws 23:9,9 Lead 25:17 leadership 17:7 Legislator 15:2 Let's 6:15 13:16 level 8:13 limit 3:17 lines 17:10 list 3:24 4:13 listed 5:17 25:23 little 18:3 19:12 live 21:15 living 23:23 LLC 1:20 local 16:14 locations 5:13 long 3:9 4:13 5:2 look 5:16 9:17 12:14 24:2 looks 4:15 19:13 loss 19:25 20:2 lot 5:18 6:9 8:23 13:12 15:8 18:10 19:10,15 19:17,20 22:17 lots 5:21 low 6:16 M M 27:10,20 Madame 14:9 Mahar 3:3 MAHAR-TO... 1:16 making 9:22 March 4:12 MASON 1:18 Master 4:9,15 5:18 6:12,24 7:22 10:17 12:11 15:14 16:2 19:7 24:7 maximum 5:20 5:21,23 23:8 mean 7:5 16:14 means 14:21 medium 6:17 meeting 1:2,3 2:6 9:2 SCHMIEDER & MEISTER, INC (845) 452-1988 meetings 22:7 23:13 MEISTER 1:20 members 1:11 10:22 mentioning 19:13 met 4:8 Michael 1:14 2:19 middle 9:3 Miller 3:5 minimum 5:18 5:19 minutes 3:18 mistake 7:10 month 11:4 Motion 24:13,14 24:23 26:4,7 26:18 move 17:14 moved 23:4 26:3 mutual 10:23 Myers 2:3,11,25 3:7 7:23 10:6 11:12 14:10 17:17 18:20 20:24 24:10,15 24:23 26:4,8 26:16,18 MYERS-SUP... 1:12 N N 1:15 27:8 name 3:25 4:4 26:2 names 24:11 natural 5:7 need 5:116:3 7:14,21 needed 7:16 needs 8:25 Neil 10:20 net -out 8:19,21 never 19:2 new 1:8,21 12:12 12:14,2121:16 21:20 25:12,20 27:12 non-profit 15:9 normal 5:25 normally 22:8 north 21:16 Notary 27:11 noted 27:14 Notice 25:23 noticed 5:22 no -net 19:25 20:2 O O 27:8 Oakwood 21:17 occurring 23:13 officials 15:8 off -hand 14:12 Okay 18:22 old 12:11 once 25:16 one's 15:24 open 5:3 8:10 11:3 22:9,12 22:12 23:5 opportunity 8:15 opposed 23:18 26:16 order 2:6 ordinance 4:14 ordinances 21:10 original 8:17 ought 13:14 outfits 15:9 outskirts 9:23 outstanding 10:16,23 overall 9:11 Overocker 1:7 25:12,19 overview 15:13 owner 22:5 23:18 owners 19:23 21:22 P page 12:17 19:25 pages 4:13 pain 16:19,19 Panentas 17:10 parcels 21:12,22 parking 5:216:4 6:6 participating 17:12 party 17:9 26:3 passage 10:4 Pat 2:25 11:12 PATRICIA 1:12 Patterns 15:2 people 8:119:5 9:20 12:19 13:4,11 15:6 16:22,25 17:2 18:8,10 19:5 19:10 20:22 21:4,24 22:7 22:14 23:2,11 person 3:18,24 23:23 25:23 personally 19:2 perspective 9:2 perspectives 11:18 PH 17:10 piece 23:2,7 place 27:14 plan 1:4 3:10 4:10,15 5:18 6:12,24 7:22 10:17 11:17 12:2,11,21 15:14 16:2 19:7 21:11 23:16 24:7 25:8 Planners 22:6 Planning 13:24 25:19 plans 8:17 11:16 12:4 planting 23:22 plaza 21:18,20 21:25 23:21 please 2:12 3:15 pleasure 14:24 17:4 Pledge 2:8,9 plus 21:25 22:2 22:2 point 11:5,17 26:24 policy 20:2 political 17:14 population 6:19 postman 16:13 Poughkeepsie 1:1,6,8,21 12:16 25:4,11 25:12,18,20,25 Poughkeepsie.... 12:10 prepared 7:20 preparing 13:24 presenting 4:6 preserving 5:3 8:10 pressure 14:14 Price 24:3 private 15:8 problem 6:8 15:20 problems 19:17 proceedings 27:13 process 14:16 produce 14:15 Progress 15:3 project 19:19 properly 11:19 26:5 property 18:7 19:23 20:15 21:5,6,7,8,22 22:4,15 23:3 23:25 proposal 20:2 proposals 8:20 proposed 1:4,4,4 1:5 3:10,12 prop4erty 21:12 protect 2 1: 11 protecting 5:3 20:6,7,13 protection 5:6,7 protective 5:5 proven 20:10 provide 6:10 7:20 provided 12:16 provision 8:19 10:5 public 2:13:1,9 4:1,21 5:1 6:1 7:1 8:1 9:1 10:1 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River 15:9 rivers 20:13 road 1:7 22:2 25:12,20 roads 7:3,4 role 14:25 Roll 2:11 row 3:20 rules 3:19 24:13 S sat 15:13 satisfactions 11:9 saying 9:14 17:3 says 19:7 SCHMIEDER 1:20 school 16:11 second 1:13 2:16 11:22,22 12:22 seconded 26:5 secondly 13:6 16:22 section 15:14 sector 20:19 secured 5:4 see 11:11 16:11 seeing 6:24 9:11 seen 6:12 Seminara 2:15 2:16 24:18,25 26:11 SEMINARA-... 1:13 senior 16:3,24 17:15 seniors 16:23 sense 13:11,20 15:25 sent 13:8 serious 15:19 serve 12:20 sewage 7:2 shade 6:10 sharing 11:25 sharpened 15:24 sheet 3:13 24:11 shop 11:22 short 12:18 27:11 shows 7:7 SCHMIEDER & MEISTER, INC (845) 452-1988 Sicklin 21:15 side 24:5 sign 3:14,15 6:23 7:5 24:11 significant 8:16 sign-up 3:13 simply 10:14 situation 8:8 16:19 six 22:21 Sixth 1:15 2:24 size 5:19 slowly 4:2 21:13 22:9 small 13:2 16:13 solutions 18:15 19:18,21 somebody 7:6 somewhat 14:23 sort 19:11 South 21:17 so-called 17:2 space 5:3 8:10 22:9,12,12 23:5 Spakenkill 21:20 speak 3:15 4:2 21:4 24:11 26:22,23,23 speaking 3:18 special 1:2 12:24 specific 11:7 19:24 specifically 22:25 25:16 Spell 3:25 spent 13:12 spoke 26:21 spoken 7:25 stage 6:13 stand 2:7 star 17:11 start 4:3 state 19:5 26:2 27:12 statement 18:25 19:12 25:7 states 16:20 station 22:3 statistics 15:16 15:22 steep 8:21 stenographical... 27:13 Stephan 1:15 2:21 stimulate 13:19 storm 6:7 streams 5:6 street 1:20 16:12 21:17 22:16 24:5 streets 22:17 strict 22:18 strongly 16:4,17 study 11:19 studying 13:12 19:19 stuff 18:5,7 19:16 subdivided 23:3 subdivision 1:5 3:11 8:20 25:9 subject 14:24 submit 3:22 submitted 4:12 17:22 Supervisor 2:3 2:11,25 3:2,7 7:23 10:6 11:12,16 14:9 14:10 17:17 18:20 20:24 24:10,15,23 26:4,8,16,18 support 4:25 5:10 7:11,17 7:21 surface 5:22,23 surrounding 21:21 Susan 3:5 swaths 8:11 switch 9:3,4,12 system 20:18 T T 27:8,8 tact 21:3 take 4:16 9:16 21:3 talk 18:11 19:15 talking 18:5,11 Tancredi 2:23 2:24 24:22 26:15 TANCREDI-... 1:15 tax 9:19 taxpayers 7:15 teacher 16:12 tell 7:8,14 15:17 15:19 ten 6:20 terms 6:25 7:2,3 7:16 15:20 17:11 19:14 20:5,9 testimony 14:22 thank 2:4 7:22 7:23 10:6 11:10 17:16,17 20:23 24:9 26:24 thing 9:23,25 18:23 19:8 things 18:18 19:24 20:14 23:20 think 5:11,13 6:23 7:9,14 12:22 13:3 14:19 16:10 20:5,17,21 22:18 Third 1:14 2:18 Thomas 1:16 3:3 three 3:18 6:16 9:5 11:20 time 11:6,19,22 13:12 18:16 20:10,10 22:3 22:21,24 23:11 23:12 26:24 27:14 timer 3:20 times 4:9 today 12:6 Todd 1:15 2:23 tonight 13:3 total 6:13,19 tower 21:25 towers 23:21 24:2 town 1:1,2,4,6 3:3,4,5,6,10,19 5:2,9,14,15,17 6:3,14 7:12 9:10 11:15 12:9 15:7 20:19 22:5,11 22:14 25:3,4,7 25:11,11,18 traffic 6:2124:4 transcript 27:16 transportation 20:17,18,19,22 tree 4:14 22:20 22:23 trees 5:8 6:9 23:22 try 3:21 10:22 trying 8:4,9 9:10 two 4:4 5:24 6:119:4,5 11:20 15:24 19:24 U undermine 4:20 underscore 16:18 understand 9:10 9:13 12:17 13:7 understanding 8:12 11:2,21 updated 4:15 15:18 use 6:5 usual 7:20 utilities 7:2 V value 10:3 values 18:7 Van 21:15 variances 19:6 Vassar 17:20 vegetative 20:9 20:12 Verbal 26:17 W Walker 1:18 27:10,20 want 4:4 18:18 wanted 8:2 11:14,20 12:14 16:18 17:20 23:10 Ward 1:13,13,14 1:14,15,15 2:14,16,18,20 2:22,24 Washington 1:20 water 5:6 6:7 7:2 way 16:9 21:14 ways 15:24 website 12:6 13:10 went 16:10 wetlands 5:7 8:21 19:15 20:6 we'll 11:10 we're 14:21 15:15 18:5 widening 7:4 Wilson 10:21 wish 3:15 withe 11:25 Wolinsky 10:7,8 10:9 word 13:2 14:6 work 4:18 7:13 8:3 16:25 working 10:19 13:24 works 16:13 work -force 16:6 16:9,15 17:2,9 17:15 worst 20:5 Wow 15:15 write 19:2 writing 19:4 written 3:22 25:15 wrote 19:9,9,11 W -O -L -I -N -S-... 10:9 Y yard 24:3 years 6:20 21:24 21:25 23:24 yesterday 14:25 15:23 York 1:8,21 25:13,20 27:12 young 16:25 Z zoning 1:4 3:11 10:18,18 21:10 22:6 23:9 25:8 1 1/31/07 2:13:1 100% 5:24 126011:8,21 12603 25:20 13 1:9 4:13 1719:25 18 27:22 2 200 15:6 2004 15:18 2007 1:9 25:10 25:21,25 27:22 27 25:10 27th 11:4,11 14:10,1126:21 4 4:00 25:21 452-1988 1:21 5 50 23:24 55 21:23,24 6 6/13/974:15:1 6:1 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:123:124:1 25:126:127:1 7 7:00 1:10 25:10 7:30 27:5 8 8th 25:25 80% 5:25 82 1:20 845 1:21 9 9 25:21 SCHMEEDER & MEISTER, INC (845) 452-1988 TOWN OF POUGHKEEPSIE 1 SPECIAL TOWN BOARD MEETING COMMITTEE OF THE WHOLE MEETING REVIEW OF THE PROPOSED TOWN PLAN, PROPOSED ZONING LAW, PROPOSED SUBDIVISION LAW & THE PROPOSED DGEIS POUGHKEEPSIE TOWN HALL OVEROCKER ROAD POUGHKEEPSIE, NEW YORK 12601 JUNE 27, 2007 7:00 P.M. BOARD MEMBERS: PATRICIA MYERS-SUPERVISOR JON BAISLEY-COUNCILMAN, FIRST WARD DOMINIC SEMINARA-COUNCILMAN, SECOND WARD GEORGE FINN, JR. -COUNCILMAN, THIRD WARD (Not Present) MICHAEL CIFONE-COUNCILMAN FOURTH WARD STEPHAN KRAKOWER-COUNCILMAN, FIFTH WARD TODD N. TANCREDI-COUNCILMAN, SIXTH WARD TOM MAHAR-TOWN ATTORNEY BY: CONSTANCE MASON WALKER SCHMIEDER & MEISTER LLC 82 Washington Street Poughkeepsie, New York 12601 (845) 452-1988 0/?/G/ri/, n� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING — 6/27/07 SUPERVISOR MYERS: Good evening, everyone. Thank you for joining us this evening. I would like to call the meeting to order and I would ask that everyone stand for the Pledge of Allegiance. ( WHEREUPON, the Pledge of Allegiance was recited. ) SUPERVISOR MYERS: Roll call, please. COUNCILMAN BAISLEY: Jon Baisley, First Ward. COUNCILMAN SEMINARA: Dominic Seminara, Second Ward. COUNCILMAN CIFONE: Michael Cifone, Fourth Ward. COUNCILMAN KRAKOWER: Stephan Krakower, Fifth Ward. COUNCILMAN TANCREDI: Todd Tancredi, Sixth Ward. SUPERVISOR: Pat Myers, Supervisor. TOWN CLERK: Susan Miller, SCHMIEDER 6 MEISTER, INC (845) 452-1988 E I 1 PUBLIC HEARING 6/27/07 2 Town Clerk. 3 TOWN ATTORNEY: Thomas Mahar, 4 Town Attorney. 5 SUPERVISOR MYERS: The first 6 item on our agenda this evening is a 7 public hearing which was adjourned from 8 the June.14th meeting regarding the Draft 9 Environmental Impact Statement, the Town 10 Comprehensive Plan, The Zoning Law 11 Amendments and the Subdivision Law 12 Amendments. 13 There was a sign-up sheet out 14 front. If you didn't sign up there is a 15 new sheet out there that you can add your 16 name to. 17 According to the rules of the 18 Town Board, we are asking that each 19 speaker please limit themselves to three 20 minutes. We also encourage to give 21 written summations if you so desire. 22 I move that we suspend the 23 rules. 24 MR. CIFONE: Second. 25 SUPERVISOR MYERS: All those SCHMIEDER & MEISTER, INC (845) 452-1988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING 6/27/07 in favor? COUNCILMAN BAISLEY: Aye. COUNCILMAN SEMINARA: Aye. COUNCILMAN CIFONE: Aye. COUNCILMAN KRAKOWER: Aye. COUNCILMAN TANCREDI: Aye. SUPERVISOR MYERS: Motion carries. On the public hearing, the first speaker is Larry Wolinski. MR. BUNNELL: Question. Could you clarify for us two things; one which is what is the deadline -- the final date for the submission of written comments? DGEIS? SUPERVISOR MYERS: On the MR. BUNNELL: Yes. SUPERVISOR MYERS: Written comments is July 9th. MR. BUNNELL: July 9th. Secondly, could you inform us as to whether the comments submitted by the Dutchess County Department of Planning SCHMIEDER & MEISTER, INC (845) 452-1988 n 1 PUBLIC HEARING 6/27/07 2 will be -- appears on the website so that 3 we can maximize public access to the most 4 5 SUPERVISOR MYERS: I don't 6 know if I can get them on the website. 7 They will be available in the Clerk's 8 Office and in the Planning Department. I 9 will try to get them -- I have to get a 10 disk from the County in order to get it 11 on the website. 12 MR. BUNNELL: Thank you. 13 MR. WOLINSKI: My name is 14 Larry Wolinski -- 15 SUPERVISOR MYERS: Oh,,wait. 16 I get to hold you up one more time. I 17 have a car with it's lights on. 18 CTT5566. 19 Now, finally, Mr. Wolinski. 20 MR. WOLINSKI: My name is 21 Larry Wolinski and I am an attorney with 22 the law firm of Jacobowitz & Gubitz and I 23 have been here before and I here again 24 tonight on behalf of Hudson Heritage CPCR 25 LLC. SCHMIEDER & MEISTER, INC (845) 452-1988 6 1 PUBLIC HEARING 6/27/07 2 We appeared two weeks ago and 3 at that time I advised the Town Board 4 that we have been working with your 5 planning and legal representatives and 6 individual members of the Town Board 7 toward resolving certain issues that we 8 have, both with respect to the Master 9 Plan and the current Draft Zoning for the 10 Hudson Heritage property. 11 Although as of tonight, we 12 are not quite there yet, we have made 13 some significant progress towards 14 addressing these issues and we are still 15 in the process of working with the Town 16 representatives and Board members. 17 Just so the entire Board has 18 a framework which you may have already, 19 but I'll re-emphasize it, the Master Plan 20 has two principle visions for this 21 particular property. One is the 22 preservation and adaptive reuse the 23 landmark structure and the second is, the 24 incorporation and provision of a mixed 25 use traditional neighborhood community SCHMIEDER 6 MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 based on the principles of new urbanism 3 at the site. 4 What we have been struggling 5 with collectively is to achieving the 6 appropriate residential density that 7 would help achieve those purposes on the 8 property while at the same time 9 protecting the interests of the Town and 10 keep it at a scale that is consistent 11 with the Town's community character. 12 Again, we are making -- I 13 believe we are making progress towards 14 that. 15 I think we now collectively 16 realize, particularly with respect to the 17 recent fire that occurred at that 18 property, where we essentially lost the 19 south wing of the landmark building, that 20 time is of the essence here and we need 21 to get this one outstanding issue 22 resolved and get it done quickly. 23 Based on our most recent 24 discussions with the Board, I think we 25 are on our way to doing that. SCHMIEDER & MISTER, INC (845) 452-1988 8 1 PUBLIC HEARING 6/27/07 2 So, that is really all I have 3 to report tonight and hopefully by the 4 time of the SEQRA process is completed, 5 we will have reached an agreement on this 6 issue and will be incorporating it into 7 the zoning. 8 Thank you, very much. 9 SUPERVISOR MYERS: Rich 10 Muellerleile. 11 MR. MUELLERLEILE: I am 12 President of Star Gas in Poughkeepsie. 13 The business has been around since 1947. 14 My family has owned it since 1975 and I 15 have been President since 1992. 16 I have a series of questions, 17 just four questions I would like to ask 18 regarding the plan. 19 Number one: How would the 20 new zoning designation affect my 21 business? 22 SUPERVISOR MYERS: You would 23 have to look on the map. 24 MR. MUELLERLEILE: Okay. Is 25 it going to affect it in such a way that SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 -- more specifically it is going to be in 3 this area -- I did look on the map and 4 sort viewed it -- this center area, but 5 if I wanted to do things like increase my 6 storage capacity at my facility, would I 7 be able to do that or if I wanted to move 8 to a different location or have an 9 additional location would anything change 10 from the zoning from what it is now? it Would I have to do anything different or 12 would I be limited on doing anything 13 differently that I am able to do for the 14 15 SUPERVISOR MYERS: 20 odd 16 years? 17 MR. MUELLERLEILE: Right. 18 SUPERVISOR MYERS: Without 19 looking up the exact zoning at the 20 moment, I am looking at Mr. Wilson he 21 can't tell me -- saying no -- 22 MR. WILSON: I would have to 23 look at the location. 24 MR. MUELLERLEILE: Would an 25 existing operation being grandfather into SCHMIEDER & MEISTER, INC (845) 452-1988 Ito] 1 PUBLIC HEARING 6/27/07 2 -- 3 SUPERVISOR MYERS: As it is 4 now, he is grandfathered -- 5 MR. WILSON: Hewould be 6 allowed to continue to operate that -- 7 SUPERVISOR MYERS: As you are 8 right now. 9 MR. MUELLERLEILE: Okay. In 10 the event the business were to be sold 11 would that grandfather clause as long as 12 the business continued to operate as 13 propane -- 14 SUPERVISOR MYERS: As long as 15 you stayed the same business without 16 going out of business for an extended 17 period of time. 18 MR. MUELLERLEILE: And that 19 extended period of time would be? 20 SUPERVISOR MYERS: Over a 21 year. 22 MR. MUELLERLEILE: And Mike,I 23 think you clarified this. I understand 24 that there was a proposed development of 25 the Hudson -- of the property, the SCHKIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 vehicular roadway with pedestrian 3 walkways being proposed from 9G -- it 4 wasn't from 9G to Fulton Steet, it was 9 5 to 9G? 6 SUPERVISOR MYERS: 9 to 9G. 7 MR. MUELLERLEILE: Thank you. 8 SUPERVISOR MYERS: Peggy 9 Kelland. 10 MS. KELLAND: There are 11 several problems that I saw with the new 12 Master Plan that I ask you to address. 13 First, is density. The 14 buildout analysis shows the potential for 15 a large population increase in the Town. 16 Roads, schools, water, and sewer are 17 already stressed. The 18 newest residential lot sizes when 19 combined with the various incentives do 20 not adequately address these problems. A 21 study is needed. 22 The proposed retail centers. 23 There are many existingshopping pping centers 24 with empty stores. Before we build new 25 centers, perhaps we ought to try and fill SCHMIEDER & MEISTER, INC (845) 452-1988 12 1 PUBLIC HEARING 6/27/07 2 up the ones we have. 3 Open space. In the previous 4 Master Plan, the former Girl Scout 5 property and the former IBM Country Club 6 were recommended for open space. They 7 should be so designated in this plan. 8 Neighborhood hearings should 9 be held for each of the proposed centers. 10 This is the neighbors only realistic 11 chance to shape the centers. Once the 12 zoning law is changed, the developers and 13 rightly so, need only follow the existing 14 law. The developers also would benefit 15 from understanding the neighbors concerns 16 and desires before they spent money on 17 making plans. 18 Sidewalks are needed to 19 reduce traffic congestion and facilitate 20 healthy exercise. To encourage 21 pedestrian and bike traffic, walkways and 22 bike paths should be required within and 23 between town centers. Flexible standards 24 of three/four or five foot widths should 25 be allowed where appropriate. Snow plan SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 regulations should be also be made more 3 flexible. We shouldn't let the perfect 4 be the enemy of the good when it comes to 5 sidewalks. 6 Pavement. To reduce 7 stormwater runoff, permeable pavement 8 should be the standard for the parking 9 lots with impermeable surfaces allowed 10 only when permeable surfaces are 11 impractical. 12 Steep slopes. To minimize 13 the erosion of top soil laws, steep 14 slopes of 150 or more not just 20% should 15 be protected. 16 Wetlands. To protect water 17 quality adequate vegetative buffers of 50 18 feet for wetlands under one acre, 75 feet 19 for minor streams and 100 feet for major 20 streams and wetlands over one acre should 21 be required. 22 Trees. Trees to protect the 23 air and waterualit 4 y, which we already 24 hear are a problem here in the Town of 25 Poughkeepsie, from local -- recent SCHMIEDER & MISTER, INC (845) 452-1988 14 1 PUBLIC HEARING 6/27/07 2 studies, a Town tree ordinance is needed 3 to protect the trees. 4 I realize you people have 5 worked a long time. I know what a 6 difficult job it is. I think your 7 intentions are very good, but I think 8 perhaps these issues need to be addressed 9 to make it an even better plan. 10 Thank you. 11 SUPERVISOR MYERS: Marvin 12 Bennett. 13 MR. BENNETT: I am a member 14 of Planning Board. 15 I just have two comments and 16 maybe suggestions. One: It says flag 17 lots are prohibited. I think this should 18 be worded to discourage because what's 19 the definition of a flag lot? 20 And it also -- there is a 21 minimum frontage in an L shape but I 22 think it ought to be left up to the 23 discretion of the Planning Board whether 24 they want the flag lot or not. 25 Second. It also says the SCHKIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 Town centers flat roofs ought to be 3 discouraged. I think that is a little 4 wrong going, against the green thing that 5 we are going through right now. There is 6 a whole system of greenery that you can 7 put on a flat roof. You could put it on 8 a facade or on the front where people can 9 see it. You can still have plant or 10 grass and everything else on a flat roof. 11 It's better insulation for the building 12 and also gives carbon dioxide back up 13 into the air. 14 We are getting away from the 15 greenery again if flat roofs are 16 completely discouraged and prohibited. 17 That's all I have to say. 18 SUPERVISOR MYERS: Ginny 19 Buechele. 20 MS. BUECHELE: I don't have 21 much to say because you all received my 22 comments in writing and I hope P you 23 received the corrected ones also. 24 SUPERVISOR MYERS: We did, 25 thank you. SCHKIEDER & MEISTER, INC (845) 452-1988 16 1 PUBLIC HEARING 6/27/07 2 MS. BUECHELE: I was just 3 looking over Dutchess County Planning 4 comments and I was somewhat distressed to 5 see the comment that says: With respect 6 to the latest draft of the plan was often 7 change in an apparent attempt to match 8 the flawed zoning proposal. Several of 9 the emerging centers identified in the 10 December draft plan have been simply 11 deleted, Croft Corners and the eastern 12 section of Arlington. Even the historic 13 hamlet center of New Hamburg and the 14 adjacent Wappingers Falls Village center 15 were taken off the plan map without 16 explanation. 17 I just happened to read that 18 one just now and that one upsets me also 19 and I would just like to add it to my 20 previous comments. Thank you and have a 21 good evening. 22 COUNCILMAN TANCREDI: Just to 23 give you an example. I mean sometimes 24 you read that without knowing the 25 background which -- the eastern part -- SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 what the County wants as far as the 44 3 Plaza, at least the front part, is to be 4 added into the Town Center in Arlington 5 and you know that's a decision that the 6 Councilman for that area doesn't agree 7 with the County Planning intent so you 8 know it's that type of discrepancy 9 sometimes. It is not as clear cut as: 10 Well, we can just wipe it off the map. 11 MS. BUECHELE: Oh, I know but 12 the one that mainly concerned me was the 13 New Hamberg one. 14 COUNCILMAN TANCREDI: I agree 15 16 MS. BUECHELE: I just saw 17 that tonight. 18 COUNCILMAN TANCREDI: I agree 19 that the way it is worded may sound -- 20 MS. BUECHELE: Thank you. 21 SUPERVISOR MYERS: Doreen 22 Tignanelli. 23 MS. TIGNANELLI: The first -- 24 I have a question. The Draft GEIS, was 25 available at Town Hall and at the Library SCHMIEDER & MISTER, INC (845) 452-1988 PH 1 PUBLIC HEARING 6/27/07 2 and as we all know on line. However, you 3 would expect that all those copies would 4 be the same and yet I just found out 5 today that the Draft GEIS, that was 6 available for inspection at the Library 1 7 and from the Town Clerk, the Draft GEIS 8 section was dated March 23rd, 2007 and 9 the on line section of the Draft GEIS is 10 dated May 23rd, 2007. 11 And you may say: Well, maybe 12 somebody just forgot to change the date 13 but .I have a copy of page -- well, what 14 table 10 from the March 23, 2007 version 15 and a copy of table 10 from the May 23rd 16 version and there are some differences. 17 So, if the public is supposed 18 to be commenting, what are we supposed to 19 be commenting on and I think that we 20 should have just one versions out there. 21 BOARD MEMBER: What were 22 those pages? 23 MS. TIGNANELLI: May 23rd, 24 March 23. And I just pointed this out to 25 the Town Clerk today. I only found it SCHMIEDER & NEISTER, INC (845) 452-1988 PH 18 1 PUBLIC HEARING 6/27/07 2 late today and Sue did verify that the 3 version that she had was different and I 4 also verified -- I went to the Planning 5 Department to try and figure out you know 6 what copy they had and their's was an 7 entirely different copy. 8 Their's did not even have 9 section of the Draft GEIS in there and I 10 know that is not specificall y a problem, 11 because the Legal Notice didn't reference 12 such -- I mean Town Planning Department 1 13 but what I am saying is that there 14 different versions floating around out 15 there and I think we should all be 16 commenting on the same version. 17 SUPERVISOR MYERS: And if 18 that did happen and I believe it did 19 happen, I will see to it that is all 20 corrected and very short order. 21 MS. TIGNANELLI: Thank you 22 and I will be submitting written comments 23 by the July 9th end of the comment period 24 but I would like to just make a very PH 25 briefly a few comments. SCHKIEDER 6 MISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 One would be the fact that -- 3 I don't think that all the environmental 4 impacts were addressed. For example; if 5 no studies were done to determine the 6 change for the buildable yield 7 calculation -- currently the wetland 8 buffers are part of the buildable yield 9 calculation and they are being taken out, 10 and I don't know how that could 11 potentially affectwetland area and .a 2 12 unless any studies have been done, I 13 don't know how you can say that there is 14 no significant environmental impact. 15 And as far as one of the 16 studies that was done, it was when the 17 Marist study surveyed people and page 12 18 of the Master Plan says that the majority 19 of the Town residents feel that more 20 retail business and shopping would not be 21 good for their community. Yes, for 22 example; the Town -- the Crown Heights 23 Town Center is 755 commercial and retail. 24 So -- but I will submit my written 25 comments but my big question here today SCHMIEDER & MEISTER, INC (845) 452-1988 PH 20 1 PUBLIC HEARING 6/27/07 2 is the discrepancy in the versions. 3 Thank you. 4 SUPERVISOR MYERS: Fred 5 Bunnell. 6 MR. BUNNELL: I have three or 7 four concerns I wanted to register. 8 Consistent with what I said two weeks 9 ago, I remain concerned about the access 10 for the public to perhaps the most 11 relevant commentary we have available to 12 us, mainly the CAC. That has not been 13 made accessible to very many people and 14 only today have we had released he letter 15 prepared the Department of Planning -- 16 the County Department of Planning. 17 I think the public has the 18 right to have access to those informed 19 commentaries. They also have a right to 20 know more about what is briefly eluded to 21 in the now public letter from the County 22 Planning Department about discussions 23 that they have held between February of 24 2007 when they last talked to the Board 25 and the submission of the draft in May. SCHMIEDER & MEISTER, INC (845) 452-1988 22 1 PUBLIC HEARING 6/27/07 2 There are a lot of rumors 3 about those discussions. I think we 4 ought to have something put on the 5 record, who talked to whom and produced 6 what changes, the number of changes 7 occurred between February and may. We 8 don't know what the rationale, who was 9 involved in those discussions. Clearly 10 the public was not involved. 11 Finally, with regard to the 12 County letter, I would like to highlight 13 two or three of the points. First of 14 all, like them I share their praise for 15 this Board and in finally bringing the 16 plan to fruition. However, I am very 17 disturbed to se that they highlight their 18 concern about a very basic matter, namely 19 the consistency between the plan and the 20 zoning. 21 Establishing that consistency 22 was the whole rationale for this latest 23 operation. They say: We are 24 disappointed in many of the recent 25 revisions in the draft plan and important SCHMIEDER 6 MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 details in the zoning law that do not 3 seem in agreement with the principles 4 outlined in the Town Plan. 5 They go on to say: Under 6 State law as you all understand, zoning 7 must be consistent with the Comprehensive 8 Plan. More specifically, I support what 9 has been said about the centers, that 10 several of them have been dropped out 11 without full explanation albeit there may 12 be an explanation. I think we deserve to 13 know why they were dropped out, each one 14 in particular. 15 I am also very concerned 16 about their feeling that some of the 17 revisions have had the effect of 18 diminishing the protection for what the 19 Town is on record on anything they want 20 to preserve as much open space as 21 possible and the net effect of some of 22 the changes is to decrease -- 23 Finally, and I spoke on this 24 before, I was deeply concerned and as I 25 suspect some of you are. I am sure a lot SCHKIEDER & MEISTER, INC (845) 452-1988 24 1 PUBLIC HEARING 6/27/07 2 of public is concerned that the 3 provisions for affordable housing. In 4 the judgment of the County Planning 5 Department that does know something about 6 these practices throughout the County, 7 that the chances of us bringing about a 8 significant amount of housing for seniors 9 and workforce housing; fireman, teachers, 10 policeman. They deserve housing and that 11 is apparently in jeopardy in their 12 judgment. 13 Thank you very much. 14 SUPERVISOR MYERS: Lucille 15 Murovich. 16 MS. MUROVICH: I am Lucille 17 Murovich and I am speaking on behalf of 18 the entire Conservation Advisory 19 Commission this evening. 20 I would like to simply read 21 these few comments and I think I can get 22 this into three minutes. 23 The Town Conservation Advisory 24 Commission (CA) is appreciative of the 25 fact that the Town Board has acknowledged SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 it's comments and that it is considering 3 some of its recommendations for inclusion 4 in the updated Master Plan and companion 5 environmental Impact Statement. 6 The Town CAC is eager to assist 7 the Town Board in this effort and would 8 like to discuss with the Board the 9 recommendations that are being considered 10 or inclusion in the updated master Plan, 11 for example: 12 1. Wetlands, streams and 13 waterbodies protection with adequate 14 vegetated buffer width: a) 100 feet for 15 wetlands of one acre area or more, 50 16 feet for wetlands of less than one acre; 17 b) 100 feet for major streams such as 18 Wappingers, Casperkill, Fallkill and 75 19 feet for other streams. It should be 20 noted that streams need buffer protection 21 regardless of whether or not they have 22 been mapped and maps need to be field 23 checked. Therefore, the definition of 24 "stream" needs to be changed in the 25 existing Wetlands Ordinance. SCHMIEDER & NEISTER, INC (845) 452-1988 26 1 PUBLIC HEARING 6/27/07 2 2. Protection of steep slopes of 3 150 or more for encroachment to minimize 4 erosion and loss of top soil being 5 washing away. 6 3. Protection of trees with 7 implementation of a Tree Ordinance. And 8 we have given that and we are working on 9 it to make it more complete and we will 10 submit that to you. 11 4. Reduction and minimization of 12 impervious areas in developed areas to 13 minimize stormwater run-off and 14 facilitate ground water recharge. 15 5. Creation of walkways and bike 16 paths within Town centers and in between 17 Town centers. 18 6. The sidewalks definition need 19 to be flexible. Do not simply specific 20 five feet and only where appropriate for 21 the width. Therefore, three and four 22 widths could then be incorporated where 23 more appropriate. 24 The CAC is prepared to 25 actively work with the Town Board and SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 other Town departments and boards to 3 develop a more comprehensive EIS and to 4 implement its recommendations. 5 Respectfully submitted, 6 myself as Acting Chair this month. We 7 are taking turns. Every month there is a 8 different chair and I would also like to 9 have a Statement of Commitment that you 10 will include .our comments when revising 11 or updating the Master Plan with the 12 Planning Board. And I would then like to 13 pass out letters -- copies of what I have 14 just read. 15 Thank you. 16 SUPERVISOR MYERS: Thank you, 17 Lucy. Sheila Underhill. 18 MS. UNDERHILL: I have to 19 admit I am not very well prepared. I am 20 coming here lodge a complaint I guess 21 because my family's farm is being -- the 22 zoning appears to be being changed from 23 R-45 which is one acre, as you know, to 24 R-5 which is five -acre zoning and we have 25 owned this farm since the Civil War. We SCHMIEDER & MEISTER, INC (845) 452-1988 28 1 PUBLIC HEARING 6/27/07 2 have been very good stewards on this 3 land. We have kept it open land for all 4 this time. 5 Now, we see apartments, 6 townhouses and everything else under the 7 sun being build around us over the years 8 and currently. The Gables is still 9 expanding during the moratorium. 10 Building is going on all over the place. 11 We have, unfortunately, had 12 to come to the conclusion that we have to 13 sell our land after having it for all 14 these years and so we have been trying to 15 sell it during the moratorium and we have 16 seen the value of our land drop by 17 two-thirds from one -acre, from when it 18 was one -acre, to currently what it is 19 proposed to be which is, I think, is 5. 20 I'm not really sure what it is. And I 21 don't think it matters too much whether 22 it is three or five. 23 The fact is, we have 24 seen in black and white that.the value of 25 our land has decreased by two-thirds and SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 we are not happy about that. 3 We would really, really like 4 to have some kind of intervention and not 5 have a zoning change on our property. 6 Thank you. 7 SUPERVISOR MYERS: Are there 8 any more sign-ups out there? No. It 9 seems no one else signed up and I move 10 that we resume the rules. 11 COUNCILMAN SEMINARA: Second. 12 SUPERVISOR MYERS: All in 13 favor? 14 COUNCILMAN BAISLEY: Aye. 15 COUNCILMAN SEMINARA: Aye. 16 COUNCILMAN CIFONE: Aye. 17 COUNCILMAN KRAKOWER: Aye. 18 COUNCILMAN TANCREDI: Aye. 19 SUPERVISOR MYERS: MOtion 20 carries. 21 COUNCILMAN BAISLEY: 22 RESOLUTION 6:27 - #lA OF 2007 23 BE IT RESOLVED, that the Town 24 Board of the Town of Poughkeepsie, 25 pursuant to public hearings held on June SCHMIEDER & MEISTER, INC (845) 452-1988 30 1 PUBLIC HEARING 6/27/07 2 13, 2007 and June 27, 2007 at 7:00 at the 3 Town Hall, Town of Poughkeepsie, One 4 Overocker Road, Poughkeepsie, NY, does 5 hereby close the public hearing regarding 6 the DGEIS; and 7 BE IT FURTHER RESOLVED, that 8 written comments on the Draft GEIS are 9 once again specifically requested and 10 will be accepted by the Lead Agency if 11 received at the Town of Poughkeepsie 12 Department of Planning, One Overocker 13 Road, Poughkeepsie, NY 12603 by 4:00 p.m. 14 by July 9, 2007. Comment should be 15 addressed to the contact person listed in 16 the Amended Notice of Completion, which 17 was published on June 8, 2007 in the 18 Poughkeepsie Journal and should state the 19 name and address of the commenting party. 20 COUNCILMAN TANCREDI: So 21 moved. 22 SUPERVISOR MYERS: The motion 23 has been made and properly seconded. Is 24 there any discussion? 25 ( No audible response. ) SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 SUPERVISOR MYERS: All in 3 favor? 4 COUNCILMAN BAISLEY: Aye. 5 COUNCILMAN SEMINARA: Aye. 6 COUNCILMAN CIFONE: Aye. 7 COUNCILMAN KRAKOWER: Aye. 8 COUNCILMAN TANCREDI: Aye. 9 SUPERVISOR MYERS: Opposed or 10 abstain? 11 ( No audible response. ) 12 SUPERVISOR MYERS: Motion 13 carries. 14 COUNCILMAN SEMINARA: 15 RESOLUTION 6:27 - #1B of 2007 16 BE IT RESOLVED, that the Town 17 Board of the Town of Poughkeepsie does 18 hereby adjourn the public hearings in 19 regard to the Town Comprehensive Plan 20 Amendments, the Zoning Law Amendments and 21 the Subdivision Law Amendments to July 22 11, 2007 at 7:00 p.m. at the Town Hall, 23 Town of Poughkeepsie, One Overocker Road, 24 Poughkeepsie, NY 12603 ; and 25 BE IT FURTHER RESOLVED, that SCHMIEDER & MEISTER, INC (845) 452-1988 32 1 i PUBLIC HEARING 6/27/07 2 written comments on the Draft GEIS are 3 once again specifically requested and 4 will be accepted by the Lead Agency if 5 received at the Town of Poughkeepsie 6 Department of Planing, One Overocker 7 Road, Poughkeepsie, any 12603 by 4:00 8 p.m. by July 9, 2007. Comments should be 9 addressed to the contact person listed in 10 the Amended notice of Completion, which 11 was published on June 8, 2007 in the 12 Poughkeepsie Journal and should state the 13 name and address of the commenting party. 14 COUNCILMAN CIFONE: So moved. 15 SUPERVISOR MYERS: The motion 16 has been made and properly seconded. Is 17 there any discussion? 18 ( No audible response. ) 19 SUPERVISOR MYERS: All in 20 favor? 21 COUNCILMAN BAISLEY: Aye. 22 COUNCILMAN SEMINARA: Aye. 23 COUNCILMAN CIFONE: Aye. 24 COUNCILMAN KRAKOWER: Aye. 25 COUNCILMAN TANCREDI: Aye. SCFMIIEDER & MEISTER, INC (845) 452-1988 } 1 PUBLIC HEARING 6/27/07 2 SUPERVISOR MYERS: opposed or 3 abstain? 4 ( No audible response. ) 5 SUPERVISOR MYERS: Motion 6 carries. This means that the public 7 hearing is being held open and will 8 continue on July 11th at 7:00 right here 9 for anyone else who wishes to comment. 13 14 P.M. 15 16 17 18 19 20 21 W 23 24 25 ( WHEREUPON, the Public Hearing was adjourned at 7:30 SCHMIEDER & MEISTER, INC (845) 452-1988 1 PUBLIC HEARING 6/27/07 2 3 C E R T I F I C A T I O N 4 5 I, Constance M. Walker, a 6 Short hand Reporter and Notary Public 7 within and for the State of New York, do 8 hereby certify that I recorded 9 stenographically the proceedings herein 10 at the time and place noted in the 11 heading hereof, and that the foregoing is 12 an accurate and complete transcript of 13 same, to the best of my knowledge and 14 belief. 15 16 17 Constance M. Walker 18 19 Dated: June 29, 2007 20 21 22 23 24 25 SCHNIEDER 6 MEISTER, INC (845) 452-1988 34 A able 9:7,13 abstain 3 1: 10 33:3 accepted 3 0: 10 32:4 access 5:3 21:9 21:18 accessible 21:13 accurate 34:12 achieve 7:7 achieving 7:5 acknowledged 24:25 acre 13:18,20 25:15,16 27:23 Acting 27:6 actively 26:25 adaptive 6:22 add 3:15 16:19 added 17:4 additional 9:9 address 11:12,20 30:19 32:13 addressed 14:8 20:4 30:15 32:9 addressing 6:14 adequate 13:17 25:13 adequately 11:20 adjacent 16:14 adjourn 31:18 adjourned 3:7 33:13 admit 27:19 advised 6:3 Advisory 24:18 24:23 affect 8:20,25 20:11 affordable 24:3 Agency 3 0: 10 32:4 agenda 3:6 ago 6:2 21:9 agree 17:6,14,18 agreement 8:5 23:3 air 13:23 15:13 albeit 23:11 Allegiance 2:8 2:10 allowed 10:6 12:25 13:9 Amended 30:16 32:10 Amendments 3:11,12 31:20 31:20,21 amount 24:8 analysis 11:14 apartments 28:5 apparent 16:7 apparently 24:11 appeared 6:2 appears 5:2 27:22 appreciative 24:24 appropriate 7:6 12:25 26:20,23 area 9:3,4 17:6 20:1125:15 areas 26:12,12 Arlington 16:12 17:4 asking 3:18 assist 25:6 attempt 16:7 attorney 1:16 3:3,4 5:21 audible 30:25 31:1132:18 33:4 available 5:7 17:25 18:6 21:11 Aye 4:3,4,5,6,7 29:14,15,16,17 29:18 31:4,5,6 31:7,8 32:21 32:22,23,24,25 B b 25:17 back 15:12 background 16:25 Baisley 2:13,14 4:3 29:14,21 31:4 32:21 BAISLEY-CO... 1:13 based 7:2,23 basic 22:18 behalf 5:24 24:17 belief 34:14 believe 7:13 19:18 benefit 12:14 Bennett 14:12 14:13 best 34:13 better 14:9 15:11 big 20:25 bike 12:21,22 26:15 black 28:24 Board 1:2,11 3:18 6:3,6,16 6:17 7:24 14:14,23 18:21 21:24 22:15 24:25 25:7,8 26:25 27:12 29:24 31:17 boards 27:2 briefly 19:25 21:20 bringing 22:15 24:7 Buechele 15:19 15:20 16:2 17:11,16,20 buffer 25:14,20 buffers 13:17 20:8 build 11:24 28:7 buildable 20:6,8 building 7:19 15:1128:10 buildout 11:14 Bunnell 4:12,19 4:22 5:12 21:5 21:6 business 8:13,21 10:10,12,15,16 20:20 C C 34:3,3 CA 24:24 CAC 21:12 25:6 26:24 calculation 20:7 20:9 call 2:5,11 capacity 9:6 car 5:17 carbon 15:12 carries 4:9 29:20 31:13 33:6 Casperkill 25:18 center 9:4 16:13 16:14 17:4 20:23 centers 11:22,23 11:25 12:9,11 12:23 15:2 16:9 23:9 26:16,17 certain 6:7 certify 34:8 chair 27:6,8 chance 12:11 chances 24:7 change 9:9 16:7 18:12 20:6 29:5 changed 12:12 25:24 27:22 changes 22:6,6 23:22 character 7:11 checked 25:23 Cifone 2:17,18 3:24 4:5 29:16 31:6 32:14,23 CIFONE-CO... 1:15 Civil 27:25 clarified 10:23 clarify 4:13 clause 10:11 clear 17:9 Clearly 22:9 Clerk 2:25 3:2 18:7,25 Clerk's 5:7 close 30:5 Club 12:5 collectively 7:5 7:15 combined 11:19 come 28:12 comes 13:4 coming 27:20 comment 16:5 19:23 30:14 33:9 commentaries 21:19 commentary 21:11 commenting 18:18,19 19:16 30:19 32:13 comments 4:16 4:21,24 14:15 15:22 16:4,20 19:22,25 20:25 24:2125:2 27:10 30:8 32:2,8 commercial 20:23 Commission 24:19,24 Commitment 27:9 COMMITTEE 1:3 community 6:25 7:1120:21 companion 25:4 complaint 27:20 complete 26:9 34:12 completed 8:4 completely 15:16 Completion 30:16 32:10 comprehensive 3:10 23:7 27:3 31:19 concern 22:18 concerned 17:12 21:9 23:15,24 24:2 concerns 12:15 21:7 conclusion 28:12 congestion 12:19 Conservation 24:18,23 considered 25:9 considering 25:2 consistency 22:19,21 consistent 7:10 21:8 23:7 Constance 1:18 34:5,17 contact 30:15 32:9 continue 10:6 33:8 continued 10:12 copies 18:3 27:13 copy 18:13,15 19:6,7 Corners 16:11 corrected 15:23 19:20 Councilman 1:14 2:13,15 2:17,19,214:3 4:4,5,6,7 16:22 SCBMIEDER & MEISTER, INC (845) 452-1988 17:6,14,18 29:11,14,15,16 29:17,18,21 30:20 31:4,5,6 31:7,8,14 32:14,21,22,23 32:24,25 Country 12:5 County 4:25 5:10 16:3 17:2 17:7 21:16,21 22:12 24:4,6 CPCR 5:24 Creation 26:15 Croft 16:11 Crown 20:22 CTT5566 5:18 current 6:9 currently 20:7 28:8,18 cut 17:9 51 date 4:15 18:12 dated 18:8,10 34:19 deadline 4:14 December 16:10 decision 17:5 decrease 23:22 decreased 28:25 deeply 23:24 definition 14:19 25:23 26:18 deleted 16:11 density 7:6 11:13 Department 4:25 5:8 19:5 19:12 21:15,16 21:22 24:5 30:12 32:6 departments 27:2 deserve 23:12 24:10 designated 12:7 designation 8:20 desire 3:21 desires 12:16 details 23:2 determine 20:5 develop 27:3 developed 26:1. developers 12:12,14 development 10:24 DGEIS 1:5 4:18 30:6 differences 18:16 different 9:8,11 19:3,7,14 27:8 differently 9:13 difficult 14:6 diminishing 23:18 dioxide 15:12 disappointed 22:24 discourage 14:18 discouraged 15:3,16 discrepancy. 17:8 21:2 discretion 14:23 discuss 25:8 discussion 30:24 32:17 discussions 7:24 21:22 22:3,9 disk 5:10 distressed 16:4 disturbed 22:17 doing 7:25 9:12 Dominic 1:13 2:15 Doreen 17:21 draft 3:8 6:9 16:6,10 17:24 18:5,7,9 19:9 21:25 22:25 30:8 32:2 drop 28:16 dropped 23:10 23:13 Dutchess 4:25 16:3 E E 34:3 eager 25:6 eastern 16:11,25 effect 23:17,21 effort 25:7 EIS 27:3 eluded 21:20 emerging 16:9 empty 11:24 encourage 3:20 12:20 encroachment 26:3 enemy 13:4 entire 6:17 24:18 entirely 19:7 environmental 3:9 20:3,14 25:5 erosion 13:13 26:4 essence 7:20 essentially 7:18 Establishing 22:21 evening 2:4,5 3:6 16:21 24:19 event 10: 10 exact 9:19 example 16:23 20:4,22 25:11 exercise 12:20 existing 9:25 11:23 12:13 25:25 expanding 28:9 expect 18:3 explanation 16:16 23:11,12 extended 10:16 10:19 F F 34:3 facade 15:8 facilitate 12:19 26:14 facility 9:6 fact 20:2 24:25 28:23 Fallkill 25:18 Falls 16:14 gamily 8:14 family's 27:21 far 17:2 20:15 farm 27:21,25 favor 4:2 29:13 31:3 32:20 February 21:23 22:7 feel 20:19 feeling 23:16 Feet 13:18,18,19 25:14,16,17,19 26:20 Ield 25:22 Fifth 1:15 2:20 figure 19:5 fill 11:25 final 4:15 finally 5:19 22:11,15 23:23 FINN 1:14 fire 7:17 fireman 24:9 firm 5:22 first 1:13 2:14 3:54:11 11:13 17:23 22:13 five 12:24 26:20 28:22 five -acre 27:24 flag 14:16,19,24 flat 15:2,7,1.0,15 flawed 16:8 flexible 12:23 13:3 26:19 floating 19:14 follow 12:13 foot 12:24 foregoing 34:11 forgot 18:12 former 12:4,5 found 18:4,25 four 8:17 21:7 26:21 Fourth 1:15 2:18 framework 6:18 Fred 21:4 front 3:14 15:8 17:3 frontage 14:21 fruition 22:16 full 23:11 Fulton 11:4 FURTHER 30:7 31:25 G Gables 28:8 Gas 8:12 GEIS 17:24 18:5 18:7,9 19:9 30:8 32:2 GEORGE 1:14 getting 15:14 Ginny 15:18 Girl 12:4 give 3:20 16:23 given 26:8 gives 15:12 go 23:5 going 8:25 9:2 10:16 15:4,5 28:10 good 2:3 13:4 14:7 16:21 20:2128:2 grandfather 9:25 10:11 grandfathered 10:4 grass 15:10 green 15:4 greenery 15:6,15 ground 26:14 _ Gubitz 5:22 guess 27:20 H Hall 1:6 17:25 30:3 31:22 Hamberg 17:13 Hamburg 16:13 hamlet 16:13 hand 34:6 happen 19:18,19 happened 16:17 happy 29:2 heading 34:11 healthy 12:20 hear 13:24 hearing 2:13:1 3:7 4:1,10 5:1 6:1 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:1 21:1 22:123:124:1 25:126:127:1 28:129:130:1 30:5 31:132:1 33:1,7,13 34:1 hearings 12:8 29:25 31:18 Heights 20:22 held 12:9 21:23 29:25 33:7 help 7:7 hereof 34:11 Heritage 5:24 6:10 Hewould 10:5 highlight 22:12 22:17 historic 16:12 hold 5:16 hope 15:22 hopefully 8:3 housing 24:3,8,9 24:10 Hudson 5:24 6:10 10:25 1 IBM 12:5 identified 16:9 impact 3:9 20:14 25:5 impacts 20:4 impermeable 13:9 impervious 26:12 implement 27:4 implementation 26:7 important 22:25 impractical 13:11 incentives 11:19 include 27:10 inclusion 25:3 25:10 incorporated 26:22 incorporating 8:6 incorporation 6:24 increase 9:5 11:15 individual 6:6 inform 4:23 informed 21:18 inspection 18:6 insulation 15:11 intent 17:7 intentions 14:7 interests 7:9 intervention 29:4 involved 22:9,10 issue 7:218:6 issues 6:7,14 14:8 item 3:6 J Jacobowitz 5:22 jeopardy 24:11 job 14:6 joining 2:4 Jon 1:13 2:13 Journal 30:18 32:12 JR 1:14 judgment 24:4 SCHMIEDER & MEISTER, INC (845) 452-1988 24:12 July 4:21,22 19:23 30:14 31:21 32:8 33:8 June 1:9 3:8 29:25 30:2,17 32:1134:19 K keep 7:10 Kelland 11:9,10 kept 28:3 kind 29:4 know 5:6 14:5 17:5,8,11 18:2 19:5,10 20:10 20:13 21:20 22:8 23:13 24:5 27:23 knowing 16:24 knowledge 34:13 Krakower 2:19 2:20 4:6 29:17 31:7 32:24 KRAKOWER... 1:15 L 114:2125:12 land 28:3,3,13 28:16,25 landmark 6:23 7:19 large 11:15 Larry 4:115:14 5:21 late 19:2 latest 16:6 22:22 law 1:4,5 3:10 3:115:22 12:12,14 23:2 23:6 31:20,21 laws 13:13 Lead 30:10 32:4 left 14:22 legal 6:5 19:11 letter 21:14,21 22:12 letters 27:13 Library 17:25 18:6 lights 5:17 limit 3:19 limited 9:12 line 18:2,9 little 15:3 LLC 1:20 5:25 local 13:25 location 9:8,9,23 lodge 27:20 long 10:11,14 14:5 look 8:23 9:3,23 looking 9:19,20 16:3 loss 26:4 lost 7:18 lot 11:18 14:19 14:24 22:2 23:25 lots 13:9 14:17 Lucille 24:14,16 Lucy 27:17 M M 34:5,17 Mahar 3:3 MAHAR-TO... 1:16 major 13:19 25:17 majority 20:18 making 7:12,13 12:17 map 8:23 9:3 16:15 17:10 mapped 25:22 maps 25:22 March 18:8,14 18:24 Marist 20:17 Marvin 14:11 MASON 1:18 master 6:8,19 11:12 12:4 20:18 25:4,10 27:11 match 16:7 matter 22:18 matters 28:21 maximize 5:3 mean 16:23 19:12 means 33:6 meeting 1:2,3 2:6 3:8 MEISTER 1:20 member 14:13 18:21 members 1:11 6:6,16 Michael 1:15 2:17 Mike,I 10:22 Miller 2:25 minimization 26:11 minimize 13:12 26:3,13 minimum 14:21 minor 13:19 minutes 3:20 24:22 mixed 6:24 moment 9:20 money 12:16 month 27:6,7 moratorium 28:9,15 motion 4:8 29:19 30:22 31:12 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owned 8:14 27:25 P page 18:13 20:17 pages 18:22 parking 13:8 part 16:25 17:3 20:8 particular 6:21 23:14 particularly 7:16 party 30:19 32:13 pass 27:13 Pat 2:23 paths 12:22 26:16 PATRICIA 1:12 pavement 13:6,7 pedestrian 11:2 12:21 Peggy 11:8 people 14:4 15:8 20:17 21:13 perfect 13:3 period 10:17,19 19:23 permeable 13:7 13:10 person 30:15 32:9 place 28:10 34:10 plan 1:4 3:10 6:9 6:19 8:18 11:12 12:4,7 12:25 14:9 16:6,10,15 20:18 22:16,19 22:25 23:4,8 25:4,10 27:11 31:19 Planing 32:6 planning 4:25 5:8 6:5 14:14 14:23 16:3 17:7 19:4,12 21:15,16,22 24:4 27:12 30:12 pians 12:17 plant 15:9 Plaza 17:3 please 2:12 3:19 Pledge 2:7,9 pointed 18:24 points 22:13 policeman 24:10 population 11:15 possible 23:21 potential 11:14 potentially 20:11 Poughkeepsie 1:1,6,8,218:12 13:25 29:24 30:3,4,11,13 30:18 31:17,23 31:24 32:5,7 32:12 practices 24:6 praise 22:14 prepared 21:15 26:24 27:19 Present 1:14 preservation 6:22 preserve 23:20 President 8:12 8:15 previous 12:3 16:20 principle 6:20 principles 7:2 23:3 problem 13:24 19:10 problems 11:11 11:20 proceedings 34:9 process 6:15 8:4 produced 22:5 progress 6:13 7:13 prohibited 14:17 15:16 propane 10:13 properly 30:23 32:16 property 6:10,21 7:8,18 10:25 12:5 29:5 proposal 16:8 proposed 1:4,4,4 1:5 10:24 11:3 11:22 12:9 28:19 protect 13:16,22 14:3 protected 13:15 protecting 7:9 protection 23:18 SCHMIEDER & MEISTER, INC (845) 452-1988 25:13,20 26:2 26:6 provision 6:24 provisions 24:3 public 2:13:1,7 4:1,10 5:1,3 6:1 7:1 8:1 9:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 18:17 19:1 20:121:1,10 21:17,2122:1 22:10 23:1 24:1,2 25:1 26:127:128:1 29:1,25 30:1,5 31:1,18 32:1 33:1,6,12 34:1 34:6 published 30:17 32:11 purposes 7:7 pursuant 29:25 put 15:7,7 22:4 p.m 1:10 30:13 31:22 32:8 33:14 O quality 13:17,23 question 4:12 17:24 20:25 questions 8:16 8:17 quickly 7:22 quite 6:12 R R 34:3 rationale 22:8 22:22 reached 8:5 read 16:17,24 24:20 27:14 realistic 12:10 realize 7:16 14:4 really 8:2 28:20 29:3,3 received 15:21 15:23 30:11 32:5 recharge 26:14 recited 2:10 recommendati... 25:3,9 27:4 recommended 12:6 record 22:5 23:19 recorded 34:8 reduce 12:19 13:6 Reduction 26:11 reference 19:11 regard 22:11 31:19 regarding 3:8 8:18 30:5 regardless 25:21 register 21:7 regulations 13:2 released 21:14 relevant 21:11 remain 21:9 report 8:3 Reporter 34:6 representatives 6:5,16 requested 30:9 32:3 required 12:22 13:21 residential 7:6 11:18 residents 20:19 RESOLUTION 29:22 31:15 resolved 7:22 29:23 30:7 31:16,25 resolving 6:7 respect 6:8 7:16 16:5 Respectfully 27:5 response 30:25 31:1132:18 33:4 resume 29:10 retail 11:22 20:20,23 reuse 6:22 REVIEW 1:4 revising 27:10 revisions 22:25 23:17 re-emphasize 6:19 Rich 8:9 right 9:17 10:8 15:5 21:18,19 33:8 rightly 12:13 Road 1:7 30:4 30:13 31:23 32:7 Roads 11:16 roadway 11:2 Roll 2:11 roof 15:7,10 roofs 15:2,15 rules 3:17,23 29:10 rumors 22:2 runoff 13:7 run-off 26:13 R-45 27:23 R-5 27:24 S saw 11:11 17:16 saying 9:21 19:13 says 14:16,25 16:5 20:18 scale 7:10 SCHMIEDER 1:20 schools 11:16 Scout 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2:19 stewards 28:2 storage 9:6 stores 11:24 itormwater 13:7 26:13 stream 25:24 streams 13:19 13:20 25:12,17 25:19,20 Street 1:20 stressed 11:17 structure 6:23 struggling 7:4 studies 14:2 20:5 20:12,16 study 11:21 20:17 Subdivision 1:5 3:1131:21 submission 4:15 21:25 submit 20:24 26:10 submitted 4:24 27:5 submitting 19:22 Sue 19:2 suggestions 14:16 summations 3:21 sun 28:7 Supervisor 2:3 2:11,23,24 3:5 3:25 4:8,17,20 5:5,15 8:9,22 9:15,18 10:3,7 10:14,20 11:6 11:8 14:11 15:18,24 17:21 19:17 21:4 24:14 27:16 29:7,12,19 30:22 31:2,9 31:12 32:15,19 33:2,5 support 23:8 supposed 18:17 18:18 sure 23:25 28:20 surfaces 13:9,10 surveyed 20:17 Susan 2:25 suspect 23:25 suspend 3:22 system 15:6 T r 34:3,3 table 18:14,15 SCHMIEDER & MEISTER, INC taken 16:15 20:9 talked 21:24 22:5 Tancredi 2:21 2:22 4:7 16:22 17:14,18 29:18 30:20 31:8 32:25 TANCREDI-... 1:16 teachers 24:9 tell 9:21 thank 2:4 5:12 8:8 11:7 14:10 15:25 16:20 17:20 19:21 21:3 24:13 27:15,16 29:6 their's 19:6,8 thing 15:4 things 4:13 9:5 think 7:15,24 10:23 14:6,7 14:17,22 15:3 18:19 19:15 20:3 21:17 22:3 23:12 24:2128:19,21 THIRD 1:14 Thomas 3:3 three 3:19 21:6 22:13 24:22 26:2128:22 three/four 12:24 Tignanelli 17:22 17:23 18:23 19:21 time 5:16 6:3 7:8 7:20 8:4 10:17 10:19 14:5 28:4 34:10 today 18:5,25 19:2 20:25 21:14 Todd 1:16 2:21 TOM 1:16 tonight 5:24 6:118:3 17:17 top 13:13 26:4 town 1:1,2,4,6 2:25 3:2,3,4,9 3:18 6:3,6,15 7:9 11:15 12:23 13:24 14:2 15:2 17:4 17:25 18:7,25 19:12 20:19,22 (845)452-1988 20:23 23:4,19 24:23,25 25:6 25:7 26:16,17 26:25 27:2 29:23,24 30:3 30:3,1131:16 31:17,19,22,23 32:5 townhouses 28:6 Town's 7:11 traditional 6:25 traffic 12:19,21 transcript 34:12 tree 14:2 26:7 trees 13:22,22 14:3 26:6 try 5:9 11:25 19:5 trying 28:14 turns 27:7 two 4:13 6:2,20 14:15 21:8 22:13 two-thirds 28:17 28:25 type 17:8 U__ Underhill 27:17 27:18 understand 10:23 23:6 understanding 12:15 unfortunately 28:11 updated 25:4,10 updating 27:11 upsets 16:18 urbanism 7:2 use 6:25 value 28:16,24 various 11:19 vegetated 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18:14,15 100 13:19 25:14 25:17 1131:22 11th 33:8 12 20:17 126011:8,21 12603 30:13 31:24 32:7 13 30:2 14th 3:8 15% 13:14 26:3 1947 8:13 1975 8:14 1992 8:15 2 2 26:2 20 9:15 20% 13:14 2007 1:9 18:8,10 18:14 21:24 29:22 30:2,2 30:14,17 31:15 31:22 32:8,11 34:19 23 18:14,24 23rd 18:8,10,15 18:23 27 1:9 30:2 29 34:19 3 3 26:6 4 4 26:11 4:00 30:13 32:7 44 17:2 452-1988 1:21 5 5 26:15 28:19 50 13:17 25:15 6 6 26:18 6/27/07 2:13:1 4:1 5:1 6:1 7:1 8:19:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 19:1 20:121:122:1 23:1 24:1 25:1 26:127:128:1 29:1 30:1 31:1 32:1 33:134:1 6:27 29:22 31:15 7:00 1:10 30:2 31:22 33:8 7:30 33:13 75 13:18 25:18 75% 20:23 8 8 30:17 32:11 82 1:20 845 1:21 9 9 11:4,6 30:14 32:8 9G 11:3,4,5,6 9th 4:21,22 19:23 SCHMIEDER & MEISTER, INC (845) 452-1988 Appendix C Non-DGEIS Comments Received Written Comments for the Town of Poughkeepsie Draft Master Plan Re: Aquatic Resources Protection: Implications for Environment, Economy, and Public Health Submitted by: Vassar Environmental Research Institute • Poughkeepsie, NY June 13, 2007 The most recent draft of the Town of Poughkeepsie's MasterPlan contains data and policy. recommendations that aim to promote responsible decision-making that provide equal benefits throughout our communities and the land in which we live. From adherence to Greenway principles and conservation laws to promotion of open space, public transportation, and smart growth urban revitalization measures, the plan envisions a healthy and enjoyable place for Town residents and ecosystems. While we have found a few specific items of concern in the Plan, our greatest concern is that .policy and enforcement procedures follow the recommendations set out in the latest draft. Outside of this our greatest concerns include the lack of a Statement of Purpose and a few items related to wetlands preservation/protection and transportation. Recommendation 1: Include a Statement of Purpose The Master Plan should include a Statement of Purpose detailing the reasoning behind its creation and content. If decision -makers and enforcement agencies are unaware of the reasoning behind certain policies or practices, they will be more prone to sidestep or seek loopholes in the law when faced with development proposals that challenge the Master Plan. The Town has a history of creating master plans and subsequently ignoring their recommendations, and we are concerned .that this may happen yet again. To change this pattern, we must clarify the reasons why we are doing what we are doing, so that when push comes to shove we remain confident and committed to the goals and recommendations set forth in our 2007 Master Plan. A solid understanding of the why behind our Master Plan is the fuel that turns rhetoric into action. Example Statement of Purpose The 2007 Master Plan for the Town of Poughkeepsie will guide future development, restoration and renovation, preservation, and other change on the built and natural environments of our communities. The plan considers environmental quality, economic vitality, public health, and general quality of life as interconnected and interdependent factors of progress and development, wherein the integrity of any one depends on the protection of them all, Following the principles in the Master Plan will protect the best interests of our residents for future generations. While this document is open to interpretation and revision, it is a cornerstone of democratic consensus representing shared goals and values among the diverse neighborhoods in the Town. Therefore, all proposed changes to our natural, commercial, residential, and industrial landscapes, as well as changes in the infrastructures that guide our interactions with these landscapes, must proceed only after showing consistency in accordance with the data and recommendations contained in the Master Plan. The Master Plan is meant to act as a guide through which our individual and collective values find representation in Town policy, infrastructure, and general progress. Especially vital is our renewed commitment to the natural environment, which is the foundation for all .progress and stability in our communities. In short, the Master Plan is a living document that will act as a central source of inspiration, guidance, and authority for the Town's policymakers, developers, residents; and others. Recommendation 2: Adequately Address Wetlands Protection and Preservation We are concerned with two items concerning wetlands protection and preservation: "no net loss" recommendations and vegetative buffers for waterbodies and waterways. If we do not adequately protect our natural resources at all levels, we will undermine the very base of our livelihoods and quality of life. It is I specially important that the Town protect these resources as state and federal regulations are .unclear or inadequate on these points. 2.a. Replace "No Net Loss" with "No Loss" or "Net Gain" The draft 2007 Master Plan calls for a "no net loss" policy as a means of protecting wetlands. This policy has been put into practice in many municipalities, counties, and states throughout our nation since the late 1980s, and has proven time and again to be ineffective and largely detrimental to our environments and communities. We urge the Town to take out the "no net loss" recommendation in lieu of a more proactive and pragmatic alternative, such as a "No Loss" policy or a "Net Gain" policy. Both these policies could be much more effective and efficient in preserving our wetlands for both short- and long-term benefit than the "no net loss" policy. Why? Ecosystems, Economy, and Public Health "No Net Loss" is ineffective policy that will have negative affects on our Town's Ecosystems and Economy 1. Disregard for wetlands functions and values. Even the most rigorous "no net loss" policy ignores the location -specific functions and values of individual wetlands. 2. Assumption that a wetland is a wetland. Ecosystems are incredibly complex, on both the large - and small-scale. Just as each individual human is unique in his/her abilities within the context of his/her environment, so each individual wetland is unique and specifically suited to meet the needs and reap the benefits of its specific geographic location. 3. Enforcement. Historically, enforcement of "no net loss" policies at all levels has shown to be ineffective, thereby leading to inevitable loss of wetlands. In both natural and economic terms, diversity equals stability. In the same way that diversification of small businesses in the Town encourages economic stability, so the preservation of our geographically and biologically diverse wetlands supports ecological stability. In a cyclical pattern, ecological stability supports economic stability. Natural wetlands are complex ecosystems whose forms and functions have developed to operate within specific geographical contexts. By destroying certain wetlands and creating or expanding other wetlands, "no net loss" disregards the value of diversity, instead promoting the homogenization of constructed wetlands throughout the area. Specific Recommendations for Alternatives to "No Net Loss": 1. "No Loss." We strongly advocate a No Loss policy with regards to our Town's wetlands. We have already lost substantial acreage of wetlands (one example being the County's paving over of 216 feet of the Casperkili Creek in Fall 2006). 2. "Net Gain." In very specific and absolutely necessary exceptions to the "No Loss" recommendation, we urge that change to the landscape proceed with a Net Gain policy in which wetlands lost must be reconstructed elsewhere at twice the size of what has been lost. 3. Enforcement. We strongly urge that the Town actively enforce this policy, as our livelihoods and quality of life depend very directly on the health and effectiveness of wetlands. 2 2.b. Expand Vegetative Buffers for Waterbodies & Waterways A buffer is the land directly adjacent to a waterbody or waterway. A healthy vegetated buffer contains a mix of trees, shrubs, and tall grasses that extend at least 100-150 feet from the banks of small water bodies. While the . Town of Poughkeepsie currently has regulations for the protection of 25-50 ft. buffers, they would better reflect the needs of the community by increasing the mandated buffer size in the Aquatic Resources Protection Law to at least 1.00 ft. from the banks of small waterbodies and waterways. Why? Ecosystems, Economy, and Public Health The Town should do everything in its power to protect natural wetlands, as these resources sustain the scenery that draws in tourism, mitigate flooding and sewage overflow, clean our drinking water, . provide educational opportunities for children, and create habitat for a rich diversity of wildlife. There is an explicit link between the ecological health of water bodies and the economic and public health qualities they afford. While it may seem more cost-effective to destrov vegetative buffers for the sake of development, the medium- to long-term negative effects of removing vegetation could far outweigh the short-term benefits of development. Adequate vegetative buffers throughout the entire Town could help mitigate many of the costly problems that homeowners, businesses, and public officials deal with on a regular basis. The issues associated with ecological health are both environmental and economic: Flooding. In the past few years, the Town has noticed increasing damage caused by flooding. This has as much to do with the heavy rain events we have had as with the consistent destruction of natural flood mitigation controls such as vegetative buffers. As development and impervious surface in the Town increases, and vegetative buffers decrease, flooding problems such as costly damage to public and private property increase. Protecting and expanding vegetative buffers will help mitigate many of the most costly and dangerous problems associated with flooding in the Town. 2. Erosion. In addition to, 'and often as a result of, increased flooding, we have noticed substantial erosion in recent years, both along streambanks and elsewhere. Vegetation is one of the primary solutions to erosion problems, thereby protecting residents and business owners from costly and dangerous situations similar to those associated with flooding. 3. Public Health. There is evidence that vegetative buffers along waterways and waterbodies help to filter out nutrients, metals, de-icing road salts, and bacteria from roadside and other runoff. By slowing down and filtering these pollutants before they enter our waterways and waterbodies, we will be protecting both the ecological integrity of the waters as well as the health of residents, their children, their pets, and others who come in contact with the water for necessity or recreation. 4. Aesthetics. In controlling flooding and erosion problems, and mitigating the chemical pollutants that enter our waters, vegetative buffers result in improved aesthetic quality in our Town. This improvement will benefit residents both in terms of the quality of life they enjoy in Poughkeepsie, as well as in the financial incentives they have as residents. Physically healthy and aesthetically pleasing properties instill pride in ownership and are often more competitive in the housing market. 3 Specific Recommendations for Streamside Buffers: 1.. The Town should collect an. inventory of all buffers that are less than 25 feet (50 feet for the Wappingers) and work to expand them to meet the Aquatic Resources Protection Law standards (including 4 of the 21. sites that our group has sampled in recent months along the Casperkill). 2. The Town should mandate the maintenance of a minimum 100 foot buffer along our creeks in places where it currently exists, and encourage buffer expansion in places with less than 100 feet. 3. The Town should actively work toward the restoration of buffers in those places along the Casperkill, Fallkill, and Wappingers (as well as various non -flowing wetlands in the Town) that are severely degraded. 4. The Town should enforce the Aquatic Resources Protection Law with a significant and consistent set of incentives and penalizations. The Casperkill, Fallkill, and Wappingers all flow into the Hudson River, our main source of drinking water. Protecting our small creeks, therefore, is investing in public health, as the water in our creeks eventually ends up in the Hudson, and then to our taps. Recommendation 3: Improve Transportation Infrastructure While the Town and City of Poughkeepsie have considerable public transportation options going as far as New Paltz, Millerton, .Kingston, Beacon, and White Plains, access is severely limited due to lack of information. Residents, students, and commuters are largely unaware of the options available via public transportation, as information on routes, schedules, and fares are very difficult to find. We recommend that the Town post all information as well as contact numbers on the Town of Poughkeepsie website, and continue to advertise this information- in public buildings (Town Hall, Post Office, libraries, etc.), in the phone book, and elsewhere. In the spirit of the Master Plan's focus on environmental quality, planning should be consistent in its transportation policies by promoting biking infrastructure. The Town should exercise its right to weigh in on proposals including road "re -development, and be proactive in overseeing transportation projects so that they include biking infrastructure. Contact: Vassar Environmental Research Institute Chris Freimuth, Research Associate chfreimuth CQ?vassar.edu 845.437.5834 Kirsten Menking, Coordinator kii-nenking@vassar.edu 845.437.5545 4 Town of Poughkeepsie Conservation Advisory Commission One Overocker Road Poughkeepsie, NY 12603 June 13, 2007 Town of Poughkeepsie Board 1 Overocker Road Poughkeepsie, NY 12603 Re: Town of Poughkeepsie Draft Master Plan The Town Conservation Advisory Commission (CAC) has reviewed the draft of the updated Master Plan (MP) dated May 23, 2007, and wishes to offer the following comments: 1. Following a very thorough review of the previous MP draft ofDecember 2006, the CAC had offered several general comments followed by a.large number of specific comments. Refer to CAC letter of March 5, 2007 to Town Planning and Town Board. 2. The current updated draft does not seem to have taken any of these comments into consideration. This apparent lack of consideration casts doubts on the validity of the formal public review process. 3. The CAC asks the Town Board to review the CAC comments and to take them into consideration whenever deemed appropriate. 4. Restating previous comments, the CAC thinks that 1) the protection of open space and corridors through smart clustering, 2) the implementation of conservation easements to guarantee the protection of the most sensitive areas, 3) the protection of streams, water bodies and wetlands with wide enough buffers, 4) the implementation of a tree ordinance for the protection of trees, will help protecting the Town natural assets and the quality of life for residents and visitors. 5. The CAC wishes to make several additional comments: a. Town Center definition A more detailed definition of the Town Centers (exact location, size, etc.) would help assessing their extent and value to the Town. b. Town center lot size, minimum frontage depth, maximum permissible coverage and impervious surface Town Center Min. lot area Min. Max. lot Max. Max. height frontage coverage impervious (feet) / (feet) (%) surface (%) # stories Arlington 5,000 s.f. 5 60 95 45 / 105 Crown 10 acres 300 65/4 Heights Fairview 15,000 s.f. 35 50 80 45/3 Center Macdonnell 1,600 s.f. 22 95 100 50/4 Heights (attached units) Red Oaks 20,000 s.f. 25 30 80 30/1 Mill Rochdale 1 acre 25 40 80 45/3 Salt Point 1,600 s.f. 22 95 100 45/3 South Hills 10,000 s.f. 5 30 90 45/3 The maximum permissible impervious surface coverage appears to be very high. The CAC strongly recommends the lay -out of deeper frontage for esthetic reasons and the reduction of impervious surface for storm water run-off considerations. c. Trees and landscaping The CAC recommends generous use of native bushes and trees to screen out as much construction as possible and to offer as much shade as possible. 6. Expected population density and needs for services and utilities The Master Plan does not indicate the maximum population density in each of the centers given the minimum lot size, with and without possible bonus allocation for higher density in residential areas. The Master Plan does not give an idea of what services and utilities will have to be put in place and required from the Town to accommodate the expected growth. 7. Expected automotive traffic The traffic and transit figures quoted in the Master Plan date from year 2000. They do not give a good enough idea of the current traffic and commuting situation within the Town. The Master Plan does not give any figures on projected traffic increase due to the development expected within the Town. Nothing is mentioned about the widening of current roads or the construction of additional roads to accommodate expected traffic increase. The CAC strongly recommends the development and encourage the use of walkways and bikeways within the Town Centers, and of public transportation in between Town Centers. The CAC wishes the Town Board to know that it is prepared to actively work on issues and projects related to its mission that are needed when implementing the Master Plan with the objectives to preserve and to improve the quality of the Town residents and visitors. Respectfully, For the Town of Poughkeepsie CAC, Jean-Claude Q -C) Fouere. cc. Town Planning Attachments: 1 CAC comment letter to Town Boar of March 5, 2007 2. Tree ordinance - draft Town of Poughkeepsie Conservation Advisory Commission One Overocker Road Poughkeepsie, NY 12603 March 5, 2007 Laura Wojtowicz Town of Poughkeepsie Planning Department 1 Overocker Road Poughkeepsie, NY 12603 Re: Town of Poughkeepsie Draft Master Plan Dear Ms. Wojtowicz: The CAC has reviewed the Draft Master Plan dated December 20, 2006. We offer the following comments for your consideration. Our highest priority comments are listed first, followed by additional specific plan comments. Page and policy recommendation numbers mentioned refer directly to the draft plans: 1. We support the Town center concept, resulting in more infill rather than sprawl development, thus preserving open space. This type of growth provides a more pedestrian and bicycle friendly environment, resulting in fewer short trips by car. 2. We support using the Greenway Connection guides as a reference. This will help to guide the Town in the direction intended by the plan. 3. While the plan recommends strengthening the wetlands ordinance, this should include no loss of wetlands and increasing buffer sizes to 100 feet for wetlands over an acre, comparable to stricter ordinances in other towns such as Fishkill and LaGrange. The threshold for regulation should be lowered to include wetlands of a half acre or more, with a buffer of 50 feet. Protected wetlands cleanse drinking . water, control flooding, and provide wildlife habitat. Studies show that stream buffers larger than our current ordinance requires are needed to protect water quality and bio -diversity. A buffer of 100 feet should apply to major water courses including the Wappingers, Casperkill, and Fallkill creeks. All other smaller streams should have a 75 foot buffer. 4. We support the creation of a steep slope ordinance to minimize soil erosion, and the subsequent negative effects on environmentally sensitive areas. 5. We support the creation of a tree ordinance to help keep Poughkeepsie green. Not just for scenic beauty, mature trees are needed for cooling shade, preventing erosion, and scrubbing pollutants from the air and soil. 6. Conservation easements should be highlighted as a tool to protect open space. This includes open space resulting from conservation subdivisions as well as any parcel of environmentally sensitive open space deemed worthy of protection from future development. In addition to the value added to the quality of life in the Town, there are tax benefits to the landowners. 7. Not just for recreation, biking should be thought of as a viable form of alternate transportation, and proper infrastructure should be provided to support it. This can include marked lanes, wide shoulders, and connectivity between destinations. Alternative transportation methods including bike, pedestrian, trails, and public transportation should be highlighted throughout the plan to link destinations within the Town and to help reduce our auto dependence and its associated pollutants. 8. Sign clutter leads to poor community character. The current code is too liberal with signs. We support the Greenway Guidelines for signage, and encourage a new sign code to be created as soon as possible since commercial development continues to forge ahead. The sign code should be tailored to the vision for each center area as defined in the master plan, as well as the Town as a whole. 9. A smaller cap should be considered for density incentives. We believe the 20% likely was too low, but we feel the jump to 70% is too large. We would support a 50% cap. Also, when doing calculations to determine the reduction of buildable area, wetland buffers, vernal pools, and stream corridors should be included in addition to wetlands. 10. We support the creation of an open space inventory and map with CAC involvement. 11. Existing and previous master plans had good elements, but many good ideas were not implemented. For example, the 1971 plan identified hamlets and centers to focus development, but there was no mixed-use zoning to back it up. We encourage the Town to create a clear implementation plan, along with the updated zoning and subdivision regulations to back up the proposed vision. Comments specific to the draft master plan: Page 13, policy 1.1 — Cable channel 22 should be better utilized to provide coverage of official Town meetings (Town Board, Planning Board, Zoning Board, etc). Informed residents will be more involved. Expanded use of the Town web site to include daily updates will also keep Town residents better informed. Internet web broadcasts are another option available for meeting coverage. 2. Page 13, policy 1.6 - Post notice signs on properties, and mail notices to area neighbors about items of interest prior to meetings of the Town, Planning, or Zoning Board. In general, efforts should be made to reach out to more than just the adjacent property owners of.a planning or zoning action. 3. Page 15 — Definitions of streams and watercourses should be clarified in the plan. At times developers use the word `ditch' to circumvent regulations. 4. Page 16 — Add a policy recommendation to foster the use of conservation easements to protect open space created by conservation subdivisions. Easements can also be used on any parcel of land deemed worthy of protection. 5. Page 16 — We endorse the establishment of a funding mechanism for the purchase of land or development rights to increase open space in the Town. 6. Page 16, policy 2.3 — Who will identify greenspace contiguous corridors to be protected? The CAC would welcome active participation as part of its charter. 7. Page 17, policy 2.5 — Replace `no net loss' with `no loss'. Mitigation can never function as effectively as what nature has built, since it is difficult to assess what functions are being lost in the original wetland. For situations where mitigation is absolutely necessary, a detailed assessment of functions lost should be done to create the most appropriate mitigation. Funds should be provided to help monitor wetlands. This could be funded with larger fines and penalties for destroying a wetland or buffer. 8. Page 17, policy 2.5 — Numerous stream buffer studies suggest that 25 or 50 foot stream buffers are insufficient to prevent siltation, salt, biological contamination such as a -coli bacteria, and other organic and non-organic pollution. In strengthening the ordinance for proper protection, we would recommend 100 feet for the Wappingers Creek, and 75 feet for smaller streams in the Town. The current wetlands ordinance goes by 2003 aquatic resource map, and some streams do not appear on the official map and are not currently protected. The definition should allow for a field visit rather than relying on the map. The official map should be updated with these field visits. 9. Page 17, policy 2.7 — We support the Hudson River greenway trail, and also recommend the creation of additional passive recreation trails in other areas of the Town, such as along Wappingers Creek, in parks, and scenic vistas, etc. Hyde Park has a good example of an interconnected trail system and fosters public use with an annual walk about. 10. Page 17, policy 2.9 — Easements along creek banks should be implemented in addition to any required buffers. 11. Page 18, policy 2.10 — Change `should be protected' to `must be protected'. The plan should clarify who will map stormwater discharge points and include a timeframe for this work to be done. Impervious surfaces should be reduced through use of shared parking, porous pavement, green pavers, etc. 12. Page 18, policy 2.13 — Include Wappingers Creek in the view shed protection. 13. Page 18, policy 2.14 — Efforts should be made to identify positive CEAs, such as the old Girl Scout property and Casperkill, as well as sites with a historic designation. 14. Page 18 — Add a policy recommendation to create a tree protection ordinance. The CAC strongly recommends this protection and has drafted an initial ordinance. We offer CAC active participation to complete this effort. 15. Page 19 — The list of 89 properties that meet the standards of the State Historic Preservation Office should be posted on web site and be available in planning dept for developers to see. For example, Ginsburg did not have initial knowledge of the Fort Homestead, which would have changed his up -front approach, saving both time and money. 16. Page 19 — The Town should have a historic web page to include historic resources, lists, walking tours, etc. This will be a good reference for Town residents, developers, and tourists. 17. Page 20 — While not available to the general public, the list of prehistoric sites should be available to Town planners to avoid negative impact by developers unaware of these sites. 18. Page 21, policy 3.2 — Overlay zoning should be `required', not just `considered'. 19. Page 21, policy 3.3 — Graphic design guidelines should include front and rear elevations, etc. 20. Page 25, 26, 27 — Table 3 data is from 2000, table 4 is from 1997, table 5 is from 2000. Is there any more recent data that shows the recent growth? 21. Page 29 — A policy recommendation should be added for encouragement of alternate transportation. Bike lanes should be added to all connector roads. Commercial developments should include plans on how to link up with alternate transportation such as bus stops, bike lanes, and sidewalks. 22. Page 29, policy 4.2 — Discussion of high quality jobs should include a statement that the 1990 master plan and the Marist survey both said the Town has enough retail businesses. More non -retail businesses are needed to provide higher paying jobs locally. Bedroom communities have a shortage of volunteers and do not function well. 23. Page 29, policy 4.7 — Change to read "trail linkages `and bike lanes' along the Hudson". Bike lanes and rail trails are important assets to Town residents and visitors. 24. Page 30 — Add a policy recommendation — While we support improved cell phone coverage to help promote economic development, a cell tower ordinance is needed for proper siting and maintenance of the antennas. 25. Page 31 — Why is the NY Metropolitan area median income mentioned in the Town of Poughkeepsie context? Table 3 on page 25 shows Dutchess County median income as much lower. 26. Page 31 — Information on income and house and rental prices are outdated. This information should be updated before the plan is approved. 27. Page 33, policy 5.6 — "moderately -priced" should be something less than the median income in Dutchess County. 28. Page 35 through 37 — Traffic volumes and mass transit ridership information should be updated beyond the year 2000. There has been an explosive increase in these numbers in the last few years. Refer to the Poughkeepsie Journal Sunday March 4, 2007 edition for an example of more recent growth numbers. 29. Page 38 — The Dutchess County Bike and Pedestrian plan should be mentioned for implementation, or at least used as a base for planning the alternative transportation infrastructure in the Town. 30. Page 38 — When discussing the bike and pedestrian infrastructure, it would be good to discuss the demographics of who would use it. Specifically mention children and teens as a demographic that could use these connections to get to schools, parks, shopping, and to visit friends, eliminating some school busing and the many short trips by parent chauffeurs. Teens are often seen walking or biking along busy connector roads that currently offer unsafe pedestrian environments. Other demographic segments worthy of mention would be those who do not have access to cars and the growing elderly population that no longer drive. As another example, Jay Baisley recently mentioned the growing immigrant population that tend to walk everywhere from their homes in the village of Wappingers. 31. Page 38 — The bike and pedestrian infrastructure section discusses access to schools, recreation, and residential areas. Connections to shopping should also be included. 32. Page 38 — When mentioning "Safe and inviting sidewalk connections separated from traffic by planting strips", good examples can include the path along Wilbur Blvd, and the sidewalk in front of Spackenkill Plaza. Pedestrians need to feel safely removed from traffic, and the landscaping adds another level of comfort. Too often sidewalks are directly adjacent to heavy traffic, and they are not well used as a result. Sidewalk snow removal is also a problem that is improved by having separation from vehicular traffic. 33. Page 39, policy 6.3 — Add "More shelters should be added to stops to protect users in inclement weather, and thus encourage more use". Examples of stops that should have shelters are in front of Kingwood Park and the new stop planned at Oakwood Commons. Also, public transportation information is very difficult to get. Improvements can include posting information on the Town website, at Libraries, Town Halls, post offices, fire houses, shopping centers, churches, schools, and colleges. Use would increase if it were better publicized. For example, information should include schedules of buses to Kingston and White Plains as well as the loop bus schedule. 34. Page 39, policy 6.4 — Making sure bus routes include stops in center areas, hamlets, train stations, and other dense destinations will foster more use and help to reduce traffic and pollution. 35. Page 39, policy 6.5 — Neighbors concerns of speeding cars due to interconnected subdivisions may be alleviated by use of traffic calming measures such as stop signs at intersections to effectively slow down through traffic. In addition to connections between subdivisions for motor vehicles, as well as places where vehicular connections are not possible, pedestrian and bike connectivity should be required. 36. Page 40, policy 6.8 — Reduction of curb cuts will also improve pedestrian safety. Excessive cuts render sidewalks unsafe and virtually unusable: 37. Page 40, policy 6.12 — We recommend following guidelines such as tinted asphalt and bike symbols to encourage use and add a measure of safety. 38. Page 40, policy 6.13 — Schools should be connected with pathways to the surrounding neighborhoods to promote walking and biking. Sidewalks or clearly marked shoulders for walkers and bikers along all collector or, higher roads, not just within no -busing zones, would allow teens and adults, as well as children, to safely walk or bike to schools, parks, and to neighboring developments. 39. Page 43 — In the first paragraph, change `travel' to `non -motorized travel' to avoid confusion with vehicular travel. 40. Page 44 — paragraph just before `Recreation' section should be changed to read "...not viable for development, i.e. no development should be allowed. 41. Page 44 — first paragraph under `Recreation' — change `age groups from age 5 to senior' to read `age groups from age 5 through senior'. 42. Page 44 — last paragraph discusses the `proposed' boathouse. This statement should be updated, since the boathouse has been built and is now in operation. 43. Page 45 — According to the Chazen study done for the County, many older properties are too small to support the wells & septic that they currently have. The study shows that at least 1.3 acres to over 3 acres, depending on the specific area and soil type, are generally required in Dutchess County for keeping well water clean from septic influence. 44. Page 50 — The list of high schools should include the proposed Faith Assembly school. 45. Page 51— the last sentence concerning libraries should read "...should be located so as to reinforce the Arlington Town Center." The library should be sited in the most dense center area of the Town. 46. Page 51, policy 7.1— last sentence should read "The Town should encourage "No Loss" of recreation facilities, nor reduction of recreational facilities". 47. Page 51, policy 7.3 — The Casperkill Country Club now owned by Bright Horizons would be a great facility for a Town recreational center if it should become available again. 48. Page 51, policy 7.4 — Explicitly mention bike lanes in addition to trails, paths, and sidewalks. Bike lanes and trails should also be considered part of the transportation network, not just recreation space. Federal funding is available for these enhancements. In addition to the Maybrook Corridor, other rail spurs and power line right-of-ways should be explored to create interconnected greenspace corridors. 49. Page.52, policy 7.6 — Change `should consider updating' to `must update'. Increasing development pressure continues to grow the Town. 50. Page 52, policy 7.12 — Add a sentence — "Schools should be an integral part of the community." People at a recent master plan hearing asked for more after school activities. Brinkerhoff in Fishkill is a good example of what can be offered. 51. Page 52 — Add a policy recommendation — At master plan workshops, numerous people asked for a more extensive and reasonably priced summer day camp program similar to those in the Towns of Wappingers and Hyde Park. 52. Page 52 — Add a policy recommendation concerning sewer options. Constructed wetlands can be a viable alternative in some cases. There are also other alternatives for more localized sewer, to avoid the large infrastructure and costs associated with a large sewer district. 53. Page 53 — Remove the word "if' from the last paragraph discussing the plan implementation through local land use decisions. No loophole is needed. 54. Page 56 — We support the first paragraph about the last rural section of the Town, keeping the recommended 4 to 5 acre zoning. Smaller lot zoning outside of center areas is not the desired pattern of growth. 55. Page 56 — The second paragraph indicates large tracts of property "seems unlikely to be developed in the future". This may not be true as financial pressures mount, so appropriate zoning should be done now. 56. Page 56 — The third paragraph mentions "one to three acres" subject to clustering. We recommend just "three acres" in order to preserve open space in the heavily populated parts of the Town. With density bonuses, the reality will be a higher number of units. 57. Page 56 - Last sentence of text — The former Girl Scout property should be added to the list of particular parcels. 58. Page 56 — Add "Conservation overlay districts should be included in the toolbox to protect these properties." 59. Page 56 — The calculation for buildable yield in the proposed plan should subtract wetland buffers, vernal pools, and stream corridors, as well as wetlands, including Town, DEC, and army corps wetlands. 60. Page 57 — first paragraph.— creek restorations should include replanting with native vegetation. Buried portions of creeks should be brought back to daylight and restored as a natural feature. The Fallkill Creek should also be included in this discussion. 61. Page 57 — There should be some uniformity to centers and emerging centers so that they all have mixed uses to include a residential component. This gives a 24- hour presence, adding an element of security to make it a viable mixed use center. Residential should not be a special permitted use, but rather a standard permitted use in all center areas. The South Hills Commercial center, Red Oaks Mill, and RTC -2 should be changed to include residential use. 62. Page 58 — The recommendation of buildings brought up to the street should allow enough room for a planting buffer between the house and street as well as the sidewalk and street. 63. Page 60 — The Raymond Avenue rework did not properly address biking as recommended by the plan. Clearly marked bike lanes should have been worked into the plan. Examples of how to do this are even included in DOT guidelines. Area residents and college students feel this was a major oversight. 64. Page 60 — Vassar College has not isolated itself with a wooded buffer, but rather with the chain link fence shown in the picture. Removal of this fence, but keeping the trees with some added access paths should be part of the redesign efforts to be more integrated with the community. If the fence is deemed necessary for security, something nicer looking than a chain link fence should be used. 65. Page 63 — The last sentence ends with "whenever possible". This phrase should be eliminated to remove the perceived loophole. 66. Page 67 — Discussion of the Metro North parking at New Hamburg should include mention of a parking garage to increase capacity while reducing the spread of surface parking. Public transportation connections to the, station can also reduce the need for parking. It is reasonable to assume the number of commuters will continue to grow. 67. Page 74 — Capital Program — Capital Program should be capitalized throughout. This is a specific accountant's term/meaning in any budgeting sense. Sometimes referred to as a 5 -year Capital Plan, by corporations. 68. Page 77 — The end of the third paragraph should read "for the future" instead of "in the future". 69. Page 81 — Saying "in most cases" in the first paragraph allows a loophole. This phrase should be removed. 70. Page 82 — The fourth line down has a typo. It should read "right -to -farm" instead of "light -to -farm". 71. Page 83 — Change "suggested" to "recommended" in the second paragraph. Comments specific to the draft Subdivision Regulations: 1. We suggest incorporating more features from the Model Subdivision Regulations from the County, such as pictorial regulations. Drawings make for easier interpretation. 2. The Planning Board should be given authority to act on violations during construction or post -construction issues. For example, trees can die and not get replaced as specified in the plans. 3. Cluster development means different things to different people. It should be clearly defined in the subdivision regulations. Comments specific to the draft Zoning Code: 1. Page 51 — A maximum height of 60 feet or 5 stories is listed for the Crown Heights center. Three stories or 40 feet should be sufficient for a mixed use town center; generally allowing for a bottom floor of retail, a second floor of office space, and a top floor of residential. 2. A big objection to sidewalks is the requirement to shovel snow. Encourage sidewalks by being more flexible on snow removal. 3. For each center area, the maximum impervious surface numbers seem too high. Impervious surface can be minimized with the use of shared parking, porous pavement, and green pavers. 4. Greenway guidelines should be followed for signage. The town master plan envisions expanding tourism, already the second largest industry in Dutchess County. Well-planned signage provides directions and needed information, but almost nothing will destroy the character of a community faster than uncontrolled signs and billboards. Sincerely, Carl H. Whitehead Chairperson (submitted electronically) att: draft tree ordinance cc: Town Board, Planning Board, Neil Wilson, John Clarke r A W. BADE N.u. Box 308 Clintondale, NY 12515 Phone: (845) 417-8623 1 Sunbaked@mindspring.com July 9, 2007 Town of Poughkeepsie Board 1 Overocker Road Poughkeepsie, NY 12603 Dear Board members: I understand the town's desire to direct growth in a way that benefits everyone but after attending several of the meetings I feel that those being affected most by the proposed changes are being given the least consideration. Although the town has had a number of open meetings where it has considered changes to the master plan in some cases the changes discussed in the open meetings never materialized. Additionally, it has been difficult to get access to the updated master plan in a timely manner. As 1 read through the proposed master plan it is obvious the town is trying to preserve open space and develop workforce / senior housing. What the town master plan is failing to address is the affect these changes wilt have on the current landowning constituency and the future of the Town itself. First, the master plan will decrease the amount of affordable housing by forcing lot sizes up. How many first time home owners (or seniors) can afford to have a 1' home on a 4 acre lot. I know the Planning Board believes it addressed this through incentives but the honest truth is even with the incentives lot size would still be 2 acres unless cluster housing were mandated. Even after the housing is constructed how will the town monitor it without mandating the units as rentals that can be monitored? is the town's intention to create a society of renters without a dream of home ownership? Second, the planning committee's commitment to maintain open space is admirable but is being enforced In. a tyrannical way. Why are the families that have invested in the community over the years being punished the most severely when the town decides to update its master plan and become more environmentally conscious? I understand that in every process some growing pains have to be endured but to expect the families with roots in the community and a true desire to keep the Town of Poughkeepsie a great place to live to suffer the greatest economic pain is unfair. The Planning Committee should develop a plan that maintains open space through education and incentives not by stealing value from the people who have been stewards of the land. ADAM W. BADE P.O. Box 308 Clintondale, NY 12515 Third, the master plans exclusion of wetlands and slopes in the usable area calculations makes an onerous rezoning even more burdensome. Regulations already prevent building in wetlands and on steep slopes by excluding these lands from calculations the Town is effectively "up zoning" beyond the disclosed zoning. Why is it necessary to exclude these lands from calculations? They will remain as open space no matter what. Lastly, I do not believe the Committee has adequately evaluated the financial effects the master plan will have. Not only does the current plan destroy significant value for individuals and families owning land being "up -zoned" it will increase the tax burden on the residential property owners. As the town enacts the master plan all of the land that is being "up -zoned" becomes less valuable. However, the cost of services remains the same. The tax base thereby shifts to the owners of single family homes and small businesses. Additionally, the master plan wilt stifle development meaning that fewer new tax payers will move. into the community and that existing taxpayers again will have to pay more. Overall a town that is quickly becoming unaffordable will take a giant leap in that direction as the tax burden shifts towards the home owners and small businessmen. The committee should reevaluate the affect the changes wilt have on the revenue stream and the appeal the town has to businesses. Please reconsider the master plan and allow the people being "up -zoned" to have a more vocal role in comi with solutions to these issues. incerely Adam W. Bade COMMENTS AND SUGGESTED CORRECTIONS TO DRAFT ZONING LAW Robert C. Jackson Vice -Chair, ZBA 20 June 2007 The Draft Zoning Law is a vast improvement over the existing Code. Never -the -less I respectfully suggest the following comments and/or corrections be considered before the final Zoning Law is adopted: ARTICLE II DEFINITIONS AND WORD USAGE 210-8 N) Word Usage (Page 71 Since the, Zoning Administrator for the Town is the Zoning Enforcement Officer, I would suggest rewording this definition to read: "The terms `Building Inspector' and `Zoning Enforcement Officer' shall mean the Building Inspector and Zoning Enforcement Officer, respectively, of the Town of Poughkeepsie, New York" (Underlined words are the suggested changes.) Existing wording makes it look like a shared responsibility. 210-9 Definitions There is a general problem with definitions in that, while the section has been expanded, many definitions are missing which I believe should be included. For example, the permitted uses or special permit uses in Section 210-35 "Shopping Center Business" (page 91) lists some 26 uses. But while uses like Amusement machine complex and Bakery, retail are defined in the 210-9 Definitions, Bank, Bowling alley, Communication towers, Libraries, Recreation indoor private, and Skating rink, are not. I realize we may all know what these uses are, but there is a lack of consistency demonstrated here. BILLBOARD (page 10) reads at the end: "......... on which such sign is located (see also "sign, nonconforming, off -.site commercial.") I could not find any definition for "sign, nonconforming, off-site commercial." later in Definitions although it is defined in the current Code. BUILDABLE LOT (page 11) mentions: "......have access to a paper street ......." but there is no definition of a paper street. BUILDING COVERAGE (page 11) is defined twice, with the second a repeat of the current Code. BUSINESS SERVICES from the current Code was not included. Was that intentional? CLUB, RECREATIONAL (page 13) ends with: "...... Billiard parlors and billiard halls are specifically excluded." There are no definitions for billiard parlors .and billiard halls. DELICATESSEN (page 14) omitted the last sentence from the current Code: "Consumption within the building is subordinate in nature to the primary retail business." Was that intentional? FAMILY (page 15) A nit, but the are two section W's - needs renumbering. FOOTPRINT, BUILDING (page 17) This definition is not the same as BUILDING FOOTPRINT on page 11. Shouldn't they be the same? PERSONAL SERVICE BUSINESS (page 23) excludes "... a Motor Vehicle Body Shop use...." but that is terminology from the current Code. This should replaced with " ...Motor Vehicle Repair Facility...." " (Underlined words are the suggested changes.) STORAGE, BULK (page 25) speaks of junk and scrap materials, but neither is defined in the Definitions. These definitions are important; the ZBA already has had problems with lack of definitions for these. STRUCTURE, ACCESSORY (page 25) seems redundant since ACCESSORY STRUCTURE is defined earlier. SVfJ N vIING POOL, PUBLIC (page 26) C) By defining this as a not-for-profit club, where are for -profits covered? Example: Casperkill County Club. The definition also specifies "... having a capacity of 8,000 gallons....". Shouldn't it read :....having a capacity of 8,000 gallons or greater...." " (Underlined words are the suggested changes.) TOWN HOUSE — This definition is in the current Code but not in the new. Deliberate? ARTICLE IV Residential District Re ations page 31) 210-14 Residences Single Family 4 Acre (page 31) Some of these references are misnumbered: B2) Country Clubs should read: "subject to 210-64"; B4) Family Day Care Home should read: "subject to 210-65"; C6) Day care Center should read: "subject to 210-65"; C7) Fraternal Clubs should be changed to "Membership Clubs" since the term Fraternal Clubs is not in the draft Code and should read: "subject to 210-64"; C10) Nursery School should read: "subject to 210-65'; C11) Recreational Clubs should read: "subject to 210-64" but it is not included in the Definitions section; C13) School age child care should read: "subject to 210-65"; Although B5) golf courses are covered later in 210- 73, and D4) Tennis Court (private) in 210-111 there are no definitions for golf courses, B6) parks, B8) playgrounds or tennis courts in the Definitions section.. The comments/corrections addressed in the prior paragraph should be addressed in all of the districts. Misnumbering is pervasive. Drugstores appear to have been overlooked. Not only are they not defined, but they are not listed as a permitted use in any Town district. ARTICLE V TOWN CENTERS (page 45) this wording does not correspond to the wording in the Table of Contents (page 1) that says CENTER DISTRICT REGULATIONS. The same number, ARTICLE V (page 83) is used for BUSINESS AND COMMERCIAL DISTRICT REGULATIONS. Misnumbered - should be ARTICLE VI ARTICLE VI WATERFRONT - Should be ARTICLE VII 210-43 B4 "Mariculture and aquaculture activities." (page 105) Define mariculture I could not find it in the dictionary. ARTICLE VIII SUPPLEMENTARY REGULATIONS 210-48 Accessory Buildings and Structures (page 109) Why the setback change for sheds I the side yard property line from 3 feet in the current code to 6 feet? This will only result in more applications to the ZBA for variances. The existing 3 foot setback has from well and residents don't want their sheds so intrusive in their yards at 6 feet. 210-63 Communication towers (page 120) We are seeing a proliferation of cell towers through out the Town , and the ZBA has encountered resistance from various carriers to share existing poles. (Example: the two flagpoles/cell towers behind Hudson Plaza) Also, technology is moving so fast that these towers may be obsolete before the next Master Plan is written. In my opinion we should proactive in beefing up this section as follows: A4) "Where a new tower is being proposed, the applicant shall demonstrate that shared use of existing tall structures or communications towers is undesirable or unobtainable, due to: a) The absence of existing tall structures or towers for co -location b) The technical infeasibility of co -location in light of the applicant's system requirements, frequency incompatibilities or engineering limitations. c) The existence of physical constraints that render the co -location infeasible. d) The inability to secure permission to co -locate, in spite of good faith efforts. e) The applicants proposed co -location on the site would have an adverse impact on the surrounding area that exceeds that of the proposed new tower, or would create a need for a greater number of towers to provide service, which when considered together, would have a cumulative adverse effect on the surrounding areas which exceeds that of the proposed tower. " A5) "The applicant shall submit to the ZBA an agreement committing the property owner, its agents and successors, to keep the tower and accessory structures in good order and repair, and in compliance with any approval, and to promptly notify the Zoning Administrator within 60 days of any discontinuance of the use of the tower. The owner shall promptly remove an unused communications tower within 12 months of cessation of operations. Failure to remove such towers in accordance with this law shall be punishable pursuant to section 210-145 of the Zoning Law. Additionally, the Town may bring proceedings to require the removal of such unused towers at the owners expense." 6) "For cell towers that are designed to appear like a flagpole, appropriate flags (American flag, NY State flag, etc.) shall be flown at all times. Failure to do so may lead to a revocation of the special use permit as determined by the Zoning Administrator." Case in point: the two flagpoles/cell towers behind Hudson Plaza that have not had flags for many months. 210-69 Fences and walls (page 127) "...except as otherwise required in 210-69..." Is this an error in referring this back to itself? 210-81 Lighting (page 139) A8 discusses lighting under gas stations canopies. Gas station canopies in this case are stand-alone structures, but Definitions say canopies are attached to a building. ;R 210-101 Undersized lots (page 106 in the current Code) does not appear in the Draft. r Was this an oversight? I believe it is important to include it so that the ZBA can deal with owners who wish to place houses where they don't belong. ARTICLE IX SIGNS (age 160) I understand this section is being revised independently, but I suggest that the new Code included a statement prohibiting trucks with advertising being parked near roads thus doubling as a second sign on the property. Example: "Embroid Me" small truck in Poughkeepsie Plaza (does not violate the current Code since lettering is only on the truck's front doors) and 2) large truck in front of Laz-Boy on Route 9 advertising kids furniture, mattresses, etc. that is a real eyesore. 210-118 Application (page 160) Both 210-118D Fees and 210-161 (page 200) Fee structure refer to Chapter 105 for fees. Does everyone know what Chapter 105 means? General comment: While the Building Inspector is defined in Definitions, Director of Planning and Zoning Administrator are not. My opinion is that their responsibilities should be included in Definitions. 4 rCaa DUTCHESS TURNPIKE REALTY PARTNERS LLC 91 Smith Avenue Mount Kisco, NY 10549 914.666.8161 June 21, 2007 Ms. Patricia Myers Supervisor. Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12603 Re: Proposed Zoning Changes Dear Ms. Myers: I am a managing member of Dutchess Turnpike Realty Partners, the owner of 825-829 Dutchess Turnpike. It has come to my attention that the Town is intending to adopt new zoning regulations that will diminish the utility and value of our property, by dramatically increasing both the side and rear yard setbacks. Our property has major frontage along Route 44 (Dutchess Turnpike) and operates now, as in the past, as a commercial property. The property is only two acres, with neighbors to both the north (rear yard) and east (side yard) being residences. We previously obtained approval from the Town and NY State DOT to signalize and realign our main entrance off Route 44 to accommodate a redevelopment of our site. With a small rectangular lot like ours, an increase in setback of twenty-five feet or more, in conjunction with a limit on impervious surfaces, would diminish our ability to site a new tenant's building(s) appropriately, potentially causing us significant economic harm. Respectfully, we must object to the contemplated change in zoning regulations, as it will have a deleterious impact on our property, and request a waiver for our property from any contemplated change in zoning. VeW truly yours, R1 �Sthneiderman cc: George Finn, Jr. Jolanda Jansen Kenneth Schechter Neil Wilson Laura Wojtowicz SOUTH HILLS LAND, LLC 444 Park Avenue South, Suite 302 New York, NY 10016 TEL (212) 545-1910 FAX (212) 545-1930 June 26, 2007 Laura Wojtowicz, Zoning Department JUN 2 9 2007 Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12603 Re: Comments on Town of Pou hkegpsie Draft Zoning Amendment Dear Laura: To summarize my letter to you back in February, as you are aware the above mentioned parcel is in 2 different zoning districts. The larger portion (15.46 acres) is zoned R-20 and the smaller portion (7.80 acres) is zoned B -SC. In 1993 the 7.80 acre parcel was rezoned to B -SC from R-20 for the purpose of accommodating additional paved parking for the Kmart expansion. The requirement of additional parking for the Kmart, which anchors the south side of the adjoining South Hills Mall, never happened. Now, the 7.80 parcel is independent from the South Hills Mall and, as such, the current zoning of B -SC is a hardship due to physical grade that makes it impossible to have any access from Route 9D. We are requesting that the B -SC portion be rezoned back to its original R-20 zoning. Split _r zoning of the same property is inconsistent with historical and current land use theory due to development fragmentation. The request is more compatible with the adjoining residential zoning and the rezoning will allow for the opportunity to provide development buffers. The latest draft of the rezoning Plan of the Town of Poughkeepsie does not reflect a rezoning of the B -SC portion to R-20. In order to secure a permanent development buffer along the property line adjoining the adjacent South. Hills Mall, the property should be a contiguous parcel zoned R-20. Then, the property could be constructed under a Cluster Concept allowing for greater privacy, minimizing the amount of tree clearance, and providing the appropriate development buffers both to the R-20 and B -SC sides. I have engaged The Chazen Companies to conceptually study the benefits to the contiguous R-20 zone over the current split zoning. I have also had a number of meetings with Mr. John Baisley, Councilman for the Ward, who has indicated interest in this project. I would like the opportunity to meet with you and the Rezoning staff with The Chazen Companies and Mr. Baisley to review our thoughts with you and receive your input into this project. I very much appreciate the time you will give us to review our thoughts and receive your input. Sincerely, David F. Lavipour CC: John Baisley, Councilman Reg Walters, Chazen Companies Doug Nestler 06/27/2007 15:49 FAX 845 486 3610 DC PLANNING DCWWA IM002/009 Dutaboas Conaty Depa rtn►cnt of PUmming and Dowdopment William IL Stainhana County ExecuOvo Roger r. Akelcy Commissioner Rickard Birch AnisLunt Commissioner 27 Hilo' Svee Poughkoegsia Now York 12601 (845)496-3600 Fax(845)486-3610 June 27, 2007 To: Town Board, Town of Poughkeepsie Re: Xteferral: 07-2519 Town of Poughkeepsie Tow in Comprehensive P1Baai, Zoning Law and Subdivision Law The Dutchess County Department of Planning & Development has reviewed the; subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239 m). After considering the proposed action in the context of countywide and intermunicipal factors, the Department finds that the Board's decision involves a matter of some concern and offers the following comments. Actio The Town Board is seeking to adopt a new Town Comprehensive Plan, Zoning. Law, Subdivision Law. Comments The Dutchess County Department of Planning and Development has reviewed ?oughkeepsie's draft Town plan and Zoning Law of May 23, 2007 and has the following comzrtents. The Town should be commended for updating its Plan and Zoning Law. The previous 1990 plan was relatively good on general goals, but for the most part lacked specifics or strong implemei "on methods. But the existing Zoning and Map represented a coniitsing maze of separated districts and spot zones that do not help build cohesive neighborhoods, but are instead a prescription for commercial strip and residential sprawl development. The proposed Town Plan's overall goals are particularly appropriate - to protect the limited rsr n. greenspaces in the Town from typical strip and sprawl patterns and instead "refocus new development opportunities in a more cantered patterns that allows adjacev: businesses to mutually reinforce each ocher" (page 54). The proposed centers, with a traditional mix of commercial, civic, and residential uses all within walking distance, are established to prevent sprawl, reinforce historic hamlets, and contain the Town's infrastructure and long -germ maintenance costs. Especially enlightened are the proposals to gradually transform the miles -long retail strip zone ' development in depth, shared driveways and Gloag Route 9 into centers with parking, and walkable linkages to nearby residential neighborhoods. Potentia:. development in these "emerging centers" are critical to saving outlying natural areas, creating :Wore convenient `,pazk once and walk around" co =curial districts, providing a better balance of housing types, and addressing the Town's growing traffic congestion. Our Department endorses the overall principles and policies of the Town Plan: especially the Centers and Greenspaces framework: The Town Plan was completed after a lt: gthy process iml):\\vm-nr dw(,hcstiny.s;c►v r tluw- PIA1181devv? rv.�tul� !►rsti.uv.t►� Referral 07-251, Page 2 involving a great deal of public participation. We are also pleased to see the proposed Town Plan use many principles, guidelines, and illustrations from Greenway Connections, which will help proy'ide a much stronger case fur coordinated implamentation from town policy decisions to site plan reviews. The Plan was partially funded with a planning grant from the state Greenway Council We arc, however, disappointed in many of the recent revisions in the draft Plan and important details in the Zoning Law that do not seem in agreement with the principles outlined in the Town Plan. Under state law, zoning must be consistent with the comprehensive pian. In Febrt y 2007, we met with several members of the Town Board regarding specific zoning and map issues relating to their individual wards. We were pleased with their initial receptivity to these good planning concepts an.:, anticipated that many would be incorporated into the next draft of the Zoning Law. Instead, the latest draft of the Plan was often just changed in an apparent attempt to match the flawed zoning proposals. Several of the emerging centers identified in the December draft Plan have be:n simply deleted (Croft Corners and the eastern section of Arlington). Even the historic hamlet center of 1 --few Hamburg and tho adjacent Wappingers Falls village center were taken off the Plan map without explanation, Correspondingly, much of the proposed Zoning Law and Map continues to reinforce existing strip patterns,: ratber than the long-term vision in the Plan (see the detailed comments on the Zoning Law below). Centers The designated mixed-use centers are at the heart of the Town Plan, the proposed antidote for continued strip development. Despite wise recommendations in the previous draft Plan, the May draft Fan Map and Zoning Law do not recognize the Hudson and Poughkeepsie Plaza area (called the Croft Comers' center) or the eastern section of Arlington (Dutchess Plaza area), instead maintaining separated shoppitig centers and highway or neighborhood business districts. The Croft Comers center should be established in the Zoning Law as an integrated zoning district with a mixed-use core and supporting residential surroundings. The Arlington Town Center boundary does not include key Raymond Avenue land, the half -empty Dutchess Plaza on Route 44, or the t_ -ea around the Town Hall and firehouse, all of which are identified in the Plan as prime sites for mixed-use Arlington Center rodevelopmeut, We would include all these adjacent areas to create a stronger pedestrian district with a great deal of flexibility for future economic development. The draft Plan indicated on page 64 that the Town should adopt zoning and design guidelines to allow walkable mixed-use centers along Route 9, so that with each successive site plan, commercial plazas can be redeveloped into higher value neighborhood centers, and older retail strip uses between enters can be gradually phased, out, whenever possible. True neighborhoods need a residential base, t:- support a walkable environment and avoid off -hours deserted shopping plazas and strips. "Mixed-use' is ortly a euphemism if it does not include a range of residential uses, because the other uses must build off from it residential base. VO/CI/LVVI I:1.3V tAA O43 4Ob 3b IV UL rLAPININD UUVWA IM—F- Merril 07-251, Page 3 Accordingly, the Town is losing a golden opportunity if it does not allow residential addi,:ions to the South Hills Center as it is upgraded. our office has provided the Town an Illustrated Sketch Plan of what the South Hills Center could look like with a main street center, attached residential mix, and remaining big box tenants combined into a converted neighborhood (See Attachment). The housing to the south end would act as a transitional mix, adjacent to existing residential neighbors. The South Hills Mall, Hudson Plaza, Dutchess Plaza, and h iid-Hudson Plaza all have var-mt stores and/or oversized pecking lots which could be redeveloped into more attractive and economically viable mixed-use centers with the appropriate zoning incentives. Greenspaees The draft Town Plan housing policies clearly state that the centers should be the focus fo.T new housing, with 10 percent set asides or ten percent density bonuses to promote moderately priced housin;; (see Policies 5.3 and 5.6). However, the Zoning Law not only omits housing from key existing centers, it also offers up to 100 percent density bonuses for building in the mostly undeveloped Greenspaces, which wen previously targeted for preservation_ The preservation of natural and open spaces received overwhelming support from Town residents in the various public forums. Whenever possible, these greenspaces should be linked into continuous systems and natural corridors. The draft Town Plan includes a variety of preservation techniques, but except for the 10 percent housing bonus mentioned in Policy 5.6, large density bonuses are not suggested in the Plan_ We believe that the Zoning Law's extraordinary density bonuses of up to 100 percent in the d esignated Greenspaee areas are not necessary and will likely work against the preservation of greenspaces. Any bonuses should be targeted at moderately priced housing. Clustering and minimum open space requirements can be achieved without density bonuses, which as proposed will just increase the net densities in the designated Greenspaces and promote f-agmented pockets of auto -dependent development. Workforce Housing incentives We commend the Town for considering the need for workforce and affordable senior citizen housing. But the ordinance as written will MWt in little such housing, particularly work:°orce units, for several reasons. First, the incentive only applies to properties of 25 acres or more. This severely limits the number and types of projects that can use the incentive. It also pushes moderately priced housing away from the designated centers. We strongly recommend the Town permit use of the incentive in any development of 10 or more units located in a Center o:- make the provision of such housing a requirement as noted below. 08/27/2007 13:50 FAX 845 486 3610 UC PLANNING UUWWA Referral 07-251, Page 4 Guua/uun Also, the "incentive", as presently constituted, is not significant enough to entice developoTs. Development economics vary depending on the housing type and access to utilities, but at best the dr=at incentive gives developers a marginal increase in profits. A developer's willingness to use the incentive will be f their complicated by the ability to get 90 percent of the maximuan bonus though the Open Space and Land Dedication Incentives (:'ier 1 and 2), and the fact that using this incentive requires approval by the Town Board, Since additional workforce units in a development may be controversial, developers will most likely take the path of lcast resistance, maximizing their bonus through Opens Space and Land Dedication incentives. We also suggest the Town keep final approval of the incentives with the Planning Board smd not tine Town Board. Again, we suggest the Town restructure any possible bonuses to focus on housing incentives. Expeaience from around the country has shown that voluntary ordinances do not work. As noted above, we reomrnmend the Town consider deleting the incentive section and require that any development of 10 units or more in the town center districts must build 10 percent of their units as moderately priced housing. This is straightforward and limits political pressure in the fixture. In effect, it makes land available at no cost for moderately -priced housing. The Town could also give developers a 10-15 percent density bonus, depending on housing type, as compensation slur helping the Town and the. community address their housing needs. This density bonus could be in -moved if the as -of -right density is sufficient to make projects financially feasible. Implementation. of the requirement would address and. reinforce many of the Plan's goals. This requirement WIV only if work take Town ►evises the center dfuWas as proposed in an earlier section of this lett' rr. As currently proposed; housing, is too restricted in the designated centers to result in the creation of any meaningTul number of moderately priced units. Specific Zoning Law Comments In general, we are pleased that new sets of design sum dards have been incorporated into the document. This will give both the Planning Board and the prospective developers a basis to develop and evaluate projects so that they better meet the goals of the Town Plan. Greenway Connections The Town of Poughkeepsie is a Greenway Compact community and we are pleased to see the proposed Town Plan incorporaxes many principles and guidelines from Greenway Connections. E: Dwever, the Zoning Law appears to largely ignore Greenway, except for the obligatory short reference in the Miscellaneous Provisions on page 200. • Greenway Connections should referenced in the Zoning Law, section 210-3 Legislative authority; purpose, as well as other major sections, such as each district's Design Standards: in the Zoning Law. Reference to this document at the beginning of the law, and within each district's VOIcr/GVVr 10.01 rMA 1340 413b .iblV Rural 07-251, Page 5 regulations would provide notice to developers that the Town takes seriously, their growth, development, design and character. ate sections in the (h�0enway graphics shown in the Plan should also be used to illustrate appropri Design Standw*: Additional buffer requirement for previously -undeveloped parcels. Nevvv major subdivisions of previously undeveloped property abutting PmPeft3' developed for residential use shall include motional landscaped buffer setbacks (R4A =100 R2A =100 ft; RI .:�A =100 tt; R 20,000 = So ft; R -M = 50 ft; HRD =100 ft) from the adjoining residential property, sad this buffer should be in addition to any other setback requirement for the district. These additional buffers seem extreme. and the Law does not stipulate why these ; dditional standards are necessary. A well designed new residential use adjoining an exisft,"D residential use is very compatible, yet the landscape buffer requirements are ex" ssively wide. A. shopping center loading dock adjoining a residential district, arguably two less compatible •uses, need only have a hedge, fence or wall. The Town should remove the addi oral � art rr ents from the Code, since additional buffOrs only encourage separated op merd rted by the draft Plan. Salk Table pertaining to Major eabdivWons or subdivision involving a parcel or For the R -4A, R -2A, R 1.5A, R-20,000 Districts, applicants for a V" or of 25 acres or greater in size must include a conceptual layout of a cluster subdivi cion plan. There may be instances where a cluster, subdivision would be preferable over a L`(1 nventional plan, especially in the more rural sections of Poughkeepsie. The Town should consider lowering the acreage threshold to 10 acres and "as may be required by the Planning Board"' Single -Family 20,000 61(R-20,000) District §210-16 Residence, use, as with other residential districts. Accessory apartments an not included as a speaellY permitted The current Zoning Code allows accemryapmtments w e'er` residential district. To our knowledge, this provision bad not adversely impacted the Town. We, would encourage the inclusion of accessory apartments, even in snnaII •� •Section 210.47, Accessory Vestments in one family dwellings states that accessory aparr:nent should be allowed in all residence districts for a variety of reasons, all very good. We sugg:.st that the Town also allow them in the R-20,000. §210-1$ Residence, New Hamburg (R N)Eli District Multi -family dwellings are not allowed by right or special use permit in this transit -oriented district. • As this district maintains a rail station within its vicinity, the provision for mulffamily or townhouse development should be provided by special permit. §210-22 Arlington Town Center (ATC) District boundaries should be enlarged to include the Alumni House block and lawn, the Dutehess Plaza, and the existing 0-11 district. IN vv 5 . Rdwal 07-251, gage 6 • The Dutchess Plaza was originally designated as a mixed commercial center in th:: Town Plan. It shodd be,Wwfified and zoned to be includLed in the Arlington Town Center distrix t. k } r 0-23 South HM7 Center (Slap The draft Plan indicated on page 33 that the Town's Centers should be the focus for any new moderate to higher density units. • The South Hills Center should include multifamily and residential mixed-use devr:lopment in this district. §210-24 Crown Heights Center Overlay (CHCO) The Zoning Map currently shows the Crown Heights Center as an overlay "circle" on the: map without parcel boundaries. The Crown Heights Center should be expanded to'/ mile in size (wb-sa is considered walkable) and should include the Casperkill property west of the golf course on the east side of Route 9; and then the western side of Route 9 to include d= areas currently proposed as O -R, R Ivi and B-H. • The base residential density for this district is 4 dwelling units per acre. While this density is too low for an area that should be encouraging a mix of employees, shoppers and resi dents, it is our understanding that higher densities can be achieved through the incentive regular: ons. The Town should allow the possibility for 6-8 dwelling units per acre in this emerging center. Six dwelling units per acro would also bring the Crown Heights Center up to the density of oth i r, more nual centers (Salt Point Center and Macdonnell Heights Center), which allow abase ol'6 dwelling units per acre. • New construction should be compatible with historic and high quality architect it examples in the area. §210-25 Fairview Center The Town. Plan designates a Fairview Center and proposes an integrated, pedestrian-oriexrted neighborhood center. This Fairview Center concept has beenvncorporated into the Route: 9 North Study for better traffic circulation • Fairview Center includes the entire Kid -Hudson Plaza, but college -related retail fnd service businesses should also be allowed on the south side of Fulton Street it the IN district • Fairview Center is not proposed as having a residential component While it is true that Marist College housing and the Hudson River Psychiatric Center are in close proximity, commercial buildings should not be excluded from effectively using second stories. Allowing apartments above retail/commercial space would benefit the community by encouraging a 24-hour presence of people in the area, as well as providing a natural form of affordability in housing types. §210.26 Salt Point Center (SPC) This hamlet should be expanded to include the R -M districts in the immediate area to the south. a The zoning code prescribes an 8 -acre minimum lot size for attached resided uliits in this district. This lot requirement is too high and attached lots can be built on less acreage. We suggest that the Board substantially reduce the minimum acreage requiremeaL 4 1 It� 07 -f ly A §Zwu Rochdale Road Eb mlet (RRR) The proposed =mmg.has proposed a m9mmum residential density of 4 dwelling units per acxe. This rnmmber is low for a venter where a high level of activity is essential far a healthy center- The enterThe Town &euld increase the allowable density to at least 6 dwelling,unitg per We in the ' Rochdale R Hamlet 111-29 Red CH& MR Neighborhood Services Canter (ROMNSC) ir� Multiple story beadings are prohibited in this district Two-story buildings would allow commercial t space on the grouM floor, with offices or housing on the second story- Two-story buildings provide greater variety, aetivity, architectural details, and investment potential than it uniform• sin.50e-story district_ • The Town should allow two-story, mixed-use buildings in the Red Oaks Mill Hamlet. §210-30 Historic Revitalization Derelopment District (HRDD) (Former Psych Cerner) We agree that the entire Hudson River Heritage site should be a separate district subject t,) a coordinated master plan process for the property. However, the Route 9 North Land Use and Transportation Study, with the full participation of the Town, Hudson River Heritage, and other involved stakeL olders, recommended that additional higher volume traffic generators should not be allowed in tids area. The Route 9 Study incorporated and built on the Fairview Center Design Concepts in the To`►n Plan, which shows smaller scale neighborhood uses and pedestrian connections between the historic site and Mid - Hudson Plaza. • Therefore, the HRDD should not emphasize auto -oriented uses, big box retail, or :nigh traffic uses, such as motels, drive-thru businesses, building material sales, and supermarkets • The HRDD should have similar design standards as other centers for sidewalks, si=eet trees, planting strips, roof types, rear parking, windows, etc. There should be some residential density allowances indicated as is the case with other districts. 10-39 and 210-39 Light Indmtrtil (I -L) & Htavy Yndasb'o (I -H) To simplify the zoning map, the Town should consider combining the I -L and I -H distrie s. Industrial uses that are more problematic could be allowed by special use pennit for an extra measure of scrutiny. Highway Districts The Town Plan calls for restricting and phasing out of strip ooMercial development wh,. evex possible (see pages 63 and 69). If businesses are allowed to locate outside of designated centers, the centers become weaker and strip development is perpetuated. The B-H District (Section 210-34 A) is supposed to provide for "those unique commercial uses" which "require large amounts of land ares. for storage, and other site requirements." To begin to phase out the over -abundance of older retail strips in the Town, the Highway Business District should only allow the truly auto -centric uses, 1, kcing the smaller scale commercial and retail uses into the centers. • We recommend the removal of the following smaller scale uses from the B-H Dimrict: bakery, bank, health club, deli, inn, office, personal service, place of worship, restaurant, retail business, Vtf/Y,f/tV gyVVO/VVQ U7-251, Page. .8 .11itmcx business ,arxi; shoe store. These uses should only be allowed in designated cent crs and neighborhood bvsincss districts- the should deleta time new business district along Route 9 south of the Rxnada Irw. ,.y,. This is one of the very few remaining greenspaces shown in the Centers and Grberyspaaes Plan Map along the entire length of Route 9 South and should be protected from any development along thefrorrtage. Residential development to the rear would be more appr+opriae. `T Arfide IX Sigm It is our understanding that .the Town has formed a committee to review and make recommendations regarding allowable signage to the Town Board at a later date. We look forward to revimying further sign provisions when *ey become available, and reserve the right to comment on the Town's ;sign regulations in their entirety at the CAxnmenCement of the committee's review and as an amendment to the zoning law. Concl=ion As a concise summary to these varied comments, Alternative 5 on page 95 of the GEIS semens much closer to the intent of the Centers and Greenspaces Plan: limiting development and any density bonuses in the designated Greenspece areas and allowing mare mixed-use development potential in all f -ie centers, A full range of housing types should be encouraged in and around the walkable centers, with minimuin requirements for moderately priced bousing. Connmercial uses should be required on the ground floor in A core areas so.thet the mix of uses does not in any way diminish retail, office, and job cmition potential. The Greenspaces should be set at the lowest density with land preservation techniques fully diaployed to prevent the fragmenting of these last agricultural and open space areas in the Town into pockets of suburban -scale development. The Department recommends that the Board rely upon its own study of the facts in the MUM with of the above comments. Commi,ssiom Department of P g & Development rage i of Laura Wojtowicz From: Ginny B. [ginny243@optonline.net] R�C'47 Sent: Wednesday, June 27, 2007 12:42 PM To: Laura Wojtowicz Cc: Pat Myers Subject: Town Plan and Zoning Public Written Comments Dear Laura, As I understand it, comments regarding the Town's Plan and Zoning now under review are to be forwarded to you for consideration. With that in mind I offer the following at this time. Town Plan Firstly let me state as my opinion that there are numerous instances in this Plan where the use of the word "should" must be changed to "must". Section 3 Historical, Archaeological & Cultural Resources Policy Recommendations Section 3.2 - In order to protect places of historical or cultural significance, historic district overlay zoning should be considered to coordinate development around these sites, help preserve the historic setting, and ensure that adjacent land uses do not detract from places of importance. The only indication I see of anything at all similar to historic district overlay zoning in the Draft Zoning is the creation of the HRDD zone. Although outdated, the November 1, 1989 - Historic Resources Survey/Inventory completed by Diane Levitt for Dutchess County Department of Planning [copy attached] notes on Page 8 - 3 Historic Districts: South Road Historic District Vassar College and Surrounding Neighborhood District Overocker Road and Overlook Road Historic District These must at the very least be considered for Historic District Overlay Zoning! Has such consideration been given? Has consideration been given for the possibility of other possibilities? Was the Historic Preservation Commission consulted in this regard! e.g. Rochdale locations, Oakwood School. On a side NOTE: It is my understanding that the Historic Preservation Commission is working on a OPRHP grant application for funds set aside specifically for Certified Local Government Program Grants which would be utilized to support their efforts to update the 1989 Survey. I wholly support this effort - I would urge the board to make Susan Roller -Brown's services available to the HPC in their grant applications efforts and SOON as receipt of these grant applications are due to OPRHP by July 20th for consideration for the 2008 grants. The Town of Poughkeepsie Historical Preservation Commission in combination with the Town Historical Preservation Code is the only Certified Local Government Program in -New o #e, bu-tckeSS GOfdn -Y. 6/27/2007 Page 2 of 3 Section 6 - Transportation Roads This must be updated with the latest recomendations from the regional transportation issues addressed by the NYSDOT and Poughkeepsie Dutchess County Transportation Council - The way the Town Plan currently reads this is "being addressed" when it is in fact complete at this time - The recommendations resulting from this study completed February 2007 must be incorporated into the Town Plan. 6/27/2007 Section 7 - Community Resources Fire and Ambulance - Paragraph 2 - Sentences 3 & 4 There is a substanial amount of property in this district that is tax exempt and which accounts for a significant percentage of the calls for emergency service. While some of the non -profits make donations to the fire district, it still has one of the highest fire taxes in the state. Policy Recommendations INSERT as a priority recommendation The Town must research and implement a Payment in Lieu of Taxes Law and Program. Advice from the State of New York says this can be done with the advice of the Town Attorney. [Such a law/program is absolutely necessary as it relates to the cost to taxpayers for both Fire and Police services to public and private non-profit organizations and institutions.] ------------------------- Zoning Tier 4 - Historic Preservation Incentive I suggest consideration of wording similar to that indicated in [Bold] below being added. An instance could occur now or in the future where a local landmark so designated by the Town and per Town Code is not necessarily listed on the state or federal list of Historic Places. I am of belief that we should recognize our local landmarks to the same degree as state and national landmarks and the same incentive be offered in such cases. To the best of my knowledge, the Town's Historic Preservation Commission and the Town's Historic Preservation Code are recognized as a Certified Local Government program by the State of New York and its office of Parks, Recreation and Historical Preservation. Page 133 4) a) For the rehabilitation and adaptive reuse of a structure listed on the state or federal list of Historic Places [and/or designated as a Local Historical Landmark per the Town's Historic Preservation Code] (20%) increase in the total number of units. Thank You in advance for your time and consideration. Virginia Buechele Windsor Court Poughkeepsie, NY 12601 (845)452-6417 Mail to: P O Box 243, Pleasant Valley, NY 12569 6/27/2007 Nove-mbex 1., 1:989 TOVN:Olr POUGHKIMPS19 .ji_StOrIc aesources NATION&L- U-NDMARKS- - Listed Hudson River State Hospital - Administration Vullding Locust Grove - Young-Harse Estate Vassar College - Main Building NATI . ONXL kA_NDtfAFtKS - Listing Pending Vassar College Observatory Listed on gati6nal RgSister O,t &Iatoric Places Nev Hamburg Multiple Resource Areai Main Street Historic District,inc ucinq - 9A MaIn street 10 Main Street 11 Main Street 12 Main Street 13 Main Street 115 Hal n. str.ee't Stone Street Nis'toxic District, including Stone Street 7 Stone Street 9 Stone Street Is Division Street or 11 Stone Street Abraham Brower House 2 Water Street Adolph Brower House I Water.Street Shay's, Warehouse and Stable William Shay's Double House St, Nicholas Episcopal. Church Union: Free Sch".1 Aombout House - Neu Hackensack 9:66d/Vassar College Farm rny+an_tnr Completed 99L...Dutchesfi County. Department of Planning kX Dla:ne LOVItt. 1. Chann:inqvillt Road near the. lnttrsection vi:th Shea fe C. IS60, Res ident jail/Coinp .13itild-Ing; Camp 50*S and 60 e.arlt-er part of the Del , Ba.190 estate, 2. T&Tglotap - ChanningVt11:e,R*ad; C. I - $..GO:; late 19th century Vlotbrialn stzuOture. 3. Shoat* load - north, a.nd east of Bovdol,o Park with view of the Huds.on; C. 1900 add-ItIO11k to earlier stone structure.; Rea Buchanan believes that this Is a very early building., part . :of A settlement that ex1steid earl ler. A. par,sorja%o. - Sheafe: Road; Majeskl,/Ovensr- C. 1040; parsonage for church.Ihovied to site, of New Hackensack Church (church. may be torn down when the Nev. Hackensack Church is torn dow), notth and east of Bovdoln I>ark; Greek Revival 5:tr.�cture vith. later 19th century ornamentatiOn. 5. Gate house Ajv.ernja;: Sheafe Road; gate house for the estate; cottage struCtuXe-- 6. "Camelot" - ftockway- Sheatd Road.,,. east of Lone Star ollse c.186-0 with indust'i-es Trap Rock Pl: :nt,* fazinh. r c.1930 addAtLons. 1. 13 Camelot Road :saltbox - Casper Creek follows the rear of the property; good example of a saltbox. 8. "Chetwynd:"- 349,Vassaz Road; CaPolin.o., vernacular rtallanate. farmhouse C. 9. 325 Vassar Road - Robar; vernacular Italla-nate farmhouse c-1,060. 10. 28 Jackson Road - Greek. revival farmhouse. 11. poster Brothers, Barn - Alexander Blvd. off Vassar Road; qrIgi.nal Garris1:60 Estate! Barn. 12.. Abraham Fort H:* ouxe: -Routh 9; Robert: I)-. Killer Colonial House near IBM Country Club behind. stockade fence:; probably eligible for the National Register; forme.r.ly owned by IBM who prepared a history of it; also see Helen Wilkinson Reynolds. 13. Bradley Court - Ri.ngwood/Montessorl school of DuItchess; C-1829 with 1940 renovati.oh.; may have originally been 10S.. pingf teld" owned by J. Bodd.en. 14, G&tffh0U6ft Route 9 - off Ice of adjacent trailer park; maybe linked to "Springfield" estate; c.1860. 15.. 49 Pleasant Lane - off Vassar Road; Blanchard; Greek Revival c.1040. 16. Vass -at Road farm - c. 1869; Intact Itallanate farmhouse, 11, 124 Vassar goad - Esser; c-1860 vexnacular Italiante farmhouse. 18. Vassar Road. - next to Vassar Road School; c.. 1840 Greek revival structure. 1 19. Old Mill Road :.:c. 1920 bungalow. 20. "Mill Hollow" - 2.61 Nev Hackensack Road; Raymond and ,loan AldrIch; vernacular Ital1amate farmhouse.; f family har s esearched title back to 17131 when; th. s, Property contained homestead I of Issac Everett; house little changed from 1824, family has Pictures also. 21. orchard Park - Red Oaks. Mill; c-1,869 vernacular Itallana te farmhouse. 0 22.. 42 Cedar Valley Road - c. 1810 Greek. revival farmhouse. 23. Kenyon :House.. "Cliffdale" and adjadent properties -laml Boardman Road.; Designed by Poughkeepsie a hitect Percival Lloyd for Clarence Kenyon in 191 see IBM 24. 60 Spackenkill Road'- between Wilbur Blvd. and Route 9:,- c.- 1.840; early farmhouse; Greek Revival with Italiana . te addition. 25. 53 Spackenkill Road - corner of Wilbur Blvd.; David IiInkleY; c. 1060; once part of the Ruppert 'Estate.. . e, 26. 39 Beechwood Pazk, "Horlstynor" - Arthur and Julia Dutton: Built 0-1915 for Oakleigb Norris; moved in 19:67 from site of current Envoy PlaZe On Route 9,*, Present owners have pitturerS of exteri6k and interior of. house in 1920. 27. Kimlin's CIdez I Hill - cedar Avenue; Built In 1889,; Cider Mill established by the Klmlln family from Ireland about 1840. 28. 2.06 Spackenkill Roa4 - Joseph westerveli& House; see Helen Wilkinson Reynolds, Dutchesis Co Ay Doorvays; 1172; early D4t-c . h structure with blue addition; unique to neighborh*od. 29. Hornbeck Ridge - c.1930; early 20th c:. Greek revival structure. 30. 6 Greenvale Farm Road formerly :Gr.ayl:s farm., where., horses were rais.ed;. neighborhood uwimming,! hole used to be on Wappingers creek where Greenvale Sotce.r Complex Is now; c.1820 originally small gambrel. roofed structure with additions of Greek revival and Itallanate etc. 31. 83 New Hackentack Road at Sunrise Lane - f.ormerly. home of Henry Noble maccracken, President of Vassar College; c.1860 vernacular Itallanate farmhouse. 32. 11 Park Avenue - shingle style bungalow of excellent quality; c.1910. 33. Park Avenue at College Ave. - c.19*.00. shingle style bungalov.. 34. Parmele Funeral Home - 77/79 Fulton Avenue* John Caven; c.1920; four square with prairie school Influence. 35. 1.3.9 College Ave. - c.1.89.0 Qpee:n Xn.ne style structure v1th Italianate details. 36. 26 LaGrange Ave. - c. 1.090 vernacular .Queen knne style. 37. 29 LaGrange Ave. - c. 1890 vernacular Queen :Anne- style. 38. 37 Fairmont Ave. - c. 1.89-0 simple vernacular, Queen Anne style. 39. 6 Davis Avenue - c,.1890 vexnacular Queen Anne structure. 40. 32 LaGrange Ave. - c.1890 vernacular Queen Anne structure. 41. 40 Davis Ave. - c. 1.870 vernacular Itallanate structure. 4 42. 43 Colleqeviev. Ave. - c.-.1910 Instact fout. sqoar:,e. 43. Holy Trinity Church .and Rectory Main Street; 192 - 5. 44. 87 Overocker Road - Spencer; c.18.2:0 vernacular Italianate, said to be Inn and horse changing station along stage coach route. 45. 110 Overocker Road - built between 18.50 and 1858 for the Parish family; sold In IM to Daniel W. Overocker, see house 'history prepared by Welchart Realtors, 46. 178 Overocker Road - c. 1.890. 47. 18 Overlook Road - Tallman; Built by owner of 11 Overlook Road for daughter on occasion of her wedding; was a tea house and garden at one time; Queen Anne style house; 48. 11 Overlook Road - Corcoran; Built about 1870 by a Brooklyn lumber merchant, Caldwell? a8 a country home; High style itallanate structure;. possible district with Vs 46, 47, 48. 49. 2.22 Dutchess Turnpike:,, between Overlook and Overocker - Van Wagonen; c. 185,0 eclectic late 19 C. structure; has been usedas a Guest House and Antique store. 50. 207 Ovexocker Road - c.1840; vernacular Creek revival structure. 51. 221 Dutchess Turnpike - former Denmare Restaurant; c.1900; Early 20th c. Dutch revival structure. 52. Rt. 44 Apartments - DUtchess, Turnpike urnpike, near diner; c..1870 vernacular Itallanate structure. 53. 21 Overlook Road - c.1840 resld-enc.e with original qreek revival characteristics.; believed built in 18:13 along old stage coach route.. 54. Zephaniah Platt House - Amexlcan Legion Post 1302; Overlook Road; see Helen Wilkinson Reynolds, 2utchess County Doorways- built 1,735 and enlarged 1748; Dutch design with gambre� roof structure with many original features. 55. Wilts1e Bros. farm residence - Route 441-Dutchess Turnpike; c.1649 Greek Revival structure with some Italianate details. 56. 359 Dutchess Turnpike - Route 44/Dutchess, Turnpike; small cottage with a combinati.,on.of Italianate and C� Gothic style. detallinq.- 57. 364 Dutchess, Turnpike -unlit t next o forr: Alpha Laval c-1920. good. quality four ze-gqua --e. 58, 370 Dutchess Turnpike - Katn; 0-1960 vernacular Itallanate cress gabled farmhouse. 59. prank Brothers dairy fArs -i>utchets Turnpike; c.1860 vernacular Greek revival farmhouse and adjoining farm structures. 60. 455 Dutchess Turnpike - c.ornex of Hornbeck Road; c.1760 stone Dutch structure with extensive ornamentation added. 61. 467 Dutchess Turnpike - R. E. 'Estts:; excellent bunga.l:ov structure. 62. 597 Dutchess Tur-nplke - re.d brick an a. hill; C-182:0 Greek Revival structure vith*.an extra -ordinary amount of detail remaining. 63. Beth -91 Cemetary off Route '49/ClutchesT#rnpike; 1937 Chapel which appears earlier. 64. Roc . Male Road - opposite Mary hvenue-, c.1916 bungalow. - 65. Rochdale Road - neat Titus Aadc..193D, bungalow. . 0 66. Rochdale :Road - c. 19:1o;' early bungal-o.w structure. 67. Peach Road, neat VanVagner Road and pleasant leasant Valley line.; c.1840 Greek Revival farmhouse.. 68. Bover Road vernacular Italiana.tte: structure. 69. 111 Van Wagner Road - corner of. Marp-It Road; c. 1.850 vernacular Greek revival farmhouse with. Ita-lianate ornamentation. 70. Bedell .Road - dair ' y farml Madelyp DeWitt; Itall anate farmhouse vitb some high style ornamentation; owner has a history. 71. North Road - eclectic style with gingerbread, .:same Dovhi.ng characteristics; part of Newbold estate,.. 72. 3.84 North Road/Rt.S. - C. 196:0; ca.triage house owned by Dri George Way, part of the Newbold estate. 73. 386 North Road - Charles Chlandra iii; elaborate bracketed eaves italianate; part of the Newbold estate, A 74. Forserly Western Publishing.,. now. Maxlst College East - North Road/gt:.S. And Fulton Street; Snuthwest style building with stucco walls and, tile zioof; Betwee-n* 1-9.10 and 1-917 FIAT of Poughkeepsie mantfactured luxury cars here. 75, Matist College tate Houses - High style Italianate characteristics In a cottage farmhouse; may have; been part of Rock estate; originally estate houses and later home of Marist Brothers Monastic order. 76.. Poughkeepsie Children's Home - Fulton Street,. c. 1920;. Spanish flair, 77. North Hamilton Street/Fairview Avenue factories - former Smith Brothers Cough Drop Factory and others, dating from 1920's, 1940's:and 1960's. 78. 73 Woodlavn Avenue at Fulton Street - C.1.900 classic Greek Revival 6 , tructure vi th pala.d.lon window and large medallions. 79. 45 Fairview Ave - c.186.0., out of character with the - nelghb * orhoo6; combination of Second Empire and I tal, Lana te. 80. 75: Oakdale Ave. - c.19,10; combination 'bungalow and shingle style. 81. 59 Oakdale Ave. - c. 19:20; bungalow style structure. 82. Violet Avenue near Oakdale Ave. - C-186.0 Greek Revival farmhouse with Queen Anne additions. $3, Creek Road at Cottage St. - c.1869;, Al, White; Vernacular Italianate farmhouse, 84.. 234 Creek Road - c.1870- abnormally high style Italianate structure for area.. 85. Innis Avenue at Caywood - Built 1.890 near site, of old Dutch farmhouse which burned; Queen &-nne structure with carpenter style ornamentation, owned by Pells, Caywoods and Rewlitts, who ran flewlitt, Dairy, now owned by the Cappbells. 86. Salt Point Turnpike near North Grand Ave. - c.1870 vernacular Italianate farmhouse. 87- LePavillon Restaurant - Salt Point Turnpike; c.1860 brick Itallanate structure. 48. Underhill farmhouse on Underhill Road - a.1860 Greek revival farmhouse with Victorian ornamentation. H9 . Van Wagner Road:, near Taft Ave. - c.1650 farmhouse with Greek revival and Itallanate. -chaiacteristics'. OTHER POSSIBILITIES South Road Historic Distriatt Including:. - Locust Grove - now National Landmark - Edgehill, c. 1858 - Southwood - now owned by Poughkeepsie Rural Cemetary. Poughkeepsie Rural Cem.etary - organized, in lt$4; includes re -burials from earlier cemetaxlez,. a tzolley valting shelter, post road stone mile: ma,tke*r,, former.Livingston cemetary, and graves of Matthew Vassar, Thomas W. ftrphyt the "Wizard of :the Reins", and other Poughkeeps.ie community leaders. Springside - in City of Poughkeepsie, now National Landmark. - Maple Grove, 301 South Road - established date, 1850.; now owned by St. Simeonlis. - site of spring from which Poughkerep5 ie name is taken -- north north of today's Sharon Drive. Vassar College and Surround s ing NOighbox.hood Historic District: Raymond Avenues, College Avenue - and Hooker Avenue area: Overocker Road and :overlook Road Historic District Overocker road a formex stage coach route, ct-00sing: the Wappingers Creek at White ft-idge:, near the PLatt hou.Se..;. additional house greenish/giay on Overlmo.k said to be early (now owned. by Roya Curie). Bovdoin Park - owned by Dutchess County; re-created Indian Rock Shelter and othex Indian artifacts; evidence of early Dutch adJacent to Tri -Municipal Sever Plant, -former estate properties willed to the Children's Aid Society. :Bowdo-in Park Historical and Archeological Association and Cultural Heritage Center. The Bovdoin Farm Archeological Site - operated by the Tri- Hackensack :Road entrance. - Cate to "Cl iffdale" On Boardman Road. - Cates to Newbold estate on North Road, Road Markers: - Along Dutchess, Turnpike at former Denmarc property site, not protected. - Along South Road, in front of Tau Dupont Building, protected, 1177 Miles to New York". - South. Road, inside fence at southeast corner of Poughkeepsie Rural :Cemetary; 1180 Miles to New YorkO. Trolley Waiting SheXters: - Hudson River State Hospital grounds, converted into a food .stand, now empty. - Poughkeepsie Rural Cenetary, restored and protected, Additional Rochdale locations - set history on, file vita Town of Poughkeepsie Jam from former mill at Red Oaks Mill Village of Wappingers Falls within the Town Of Poughkeepsie limits. - St. Maxyls. Church and Cemetery - Cemetery along Route 9D Bowne Hall, Dutchess Community College - former tubercular hospital, ftftDn River. State Hospital:, buildings In addition t+* NatiOnal. Landmark Admin-i-st.rat.ion: building.- especially the - be demolished when fundln, wings scheduled to ava .1 labi _g is e. Hudson River State Hospital H.1storic Association malntalts a :museum an the qroUhds.. Oakwood School - moved to :present site about 1920; site former farm of horse breeded, George Coleman; Main Building dates from farm era. Worker's Housing, .Fairview To: Neil Wilson, Planning Consultant From: Karmen Buckey, ZBA Member Date: June 27, 2007 Re: Town of Poughkeepsie Master Plan Draft After reviewing the draft, there are several topics which I would like to comment on. 1.) Page 16. "A funding mechanism should be established for purchase or development rights to preserve open space." This should be acted on ASAP as there is limited space and time. The Town is still behind the curve regarding preserving open space. 2.) Page 17. Biodiversity Study - Has this been done, and if so, what is the status? Or will each developer be required to conduct one? 3.) Page 17. "...Proposed that there will be no net loss of wetlands:' Is this really sufficient as I understand `creating' a new wetland does not compensate for disturbing an existing one. Page 17, 2.5 An excellent suggestion is to obtain land along the creeks. Regarding steep slopes - Proposal is for twenty percent, why not fifteen percent? It is crucial to increase wetlands and steep slope restrictions - The area flooding this past April should be a wakeup call. 4.) Page 30. It is a good proposal to redevelop existing businesses, vacant malls, rather than new development which could have negative environmental impact. 5.) Page 33. "...Concept of Town Centers focuses on moderate to higher density over or adjacent to storefronts which reinforces community centered land use pattern." It is unfortunate that the residential component for some of the proposed Town Centers has been excluded which defeats the intent and definition of a Town Center zoning, thereby, decreasing an option for moderately - priced housing. 6.) Page 37. "Walkability and neighborhoods increases property values and homebuyers are willing to pay a premium for pedestrian -friendly communities." That's a great point. 7.) Page 69. "... Low-density development leads to high density of traffic congestion." This is a good point, though it does seem counterintuitive. It is an excellent rationale for cluster in lieu of sprawl. It is ironic that those opposed to sprawl are also often opposed to higher density in town centers. 8.) Page 79. "Amending permitted uses in existing business and residential districts to eliminate conflicting land uses." I agree. 9.) Page 77. "One of the fundamental mechanisms regarding community change is Affordable Housing Requirement." Good point. This can be achieved in several ways, the most effective, I think, is implementing a local law authorizing the Town Board to grant bonus densities in designated areas. Updating this Master Plan has certainly been a long and difficult process, which makes it more imperative that the final document be an effective tool for smart growth/ development in the Town and once adopted, the Plan should be continually consulted by municipal officials. Much time and energy has been devoted to this project by many people and I appreciate the major contribution you have made, Neil. As a Town resident, I feel strongly that we must not ignore the recommendations set forth in the Master Plan. Since my late husband was so closely involved with planning and the initiation of this update, I will not comment publicly, but only hope the end product of the Master Plan will be the most coherent and effective working plan to date. Rather than react to development, the Town must be proactive in it's efforts regarding growth and development. Thanks again Neil, Karmen 297.5408 RECEIVED D,�Y%% JUL 1o1007.`. Julian. E. Chugerman 7''Woodward'RoadJUL 05.' 2007 Poughkeepsie, NY 12603 office 845-454-2170. residence 845462-5377 �u •w ►1 J July 2, 2007 Susan Miller, Clerk Town of Poughkeepsie 1 Overocker Road Poughkeepsie, New York 12603. MCI JUL 1 O 2.007 Re: 57 -Fulton Street propertylpotential rezonina. Dear Ms. Miller, Itis my understanding that the Town is contemplating a change in the zoning for the property 1 own and.where 1 have operated my business, J. C. Paper Co., Inc. §ince 1966: At the very, least, any change from Heavy Industrial zoning would negatively'impad the value/investment of my real estate,for the following reasons: • The configuration and building structure do not lend themselves to the uses permitted in. the Fairview Commercial code. • It would become necessary to obtain grandfather status as -a'legal non -conforming use. • The cost to convert the heavily constructed (six inch steel reinforced concrete floors, ten inch block walls, steel reinforced poured concrete pilasters, etc.) industrial type building to comply . with the proposed new code would not be economically feasible. • The fact that the building is perpendicular to Fulton Street does not lend itself to a conversion. Respectfully yours, J J an E. Cherm Property Owner President J. C. Paper Co., Inc. JEC: zh copy: Michael Cifone file DAVID S. STEINMETZ* MICHAEL D. ZARIN DANIEL M. RICHMOND • ALSO ADMMMD IN D.0 • ALSOADU ED INCf. AALSOADWrrED INN1. ,ZARIN & STEINMETZ ATTORNEYS AT LAW 81 MAIN STREET SUITE 415 WHITE PLAINS, NEw YORK 10601 TELEPHONE: (914) 682-7800 FACSHVIILE: (914) 683-5490 WEBSITE: WWW.ZARIN-STEINNfETZ.NET August 1, 2007 Via Fax and Federal Express Patricia Meyers, Supervisor and Members of the Town Board Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12603 JODY T. CROSS ° J LLIAN K. MOONEYA KEBRAA. RH®RICK BRAD K. SCHWARTZ MARSHA RUBIN GOLDSTEIN HELEN COLLIER MAUCH " SUSAN H. SARCH* LISA R SNM ° W COUNM Re: Proposed Amendments to Town of Poughkeepsie Zoning Law, Zoning Map, Subdivision Regulations and Master Plan Dear Supervisor Meyers and Members of the Town Board: As you know, this firm represents David and Tina Silver (the "Silvers"), owners of approximately 141 acres of property located along Route 9 in the Town of Poughkeepsie (the "Silver Property"). The Silvers submitted letters dated January 30, 2007 and April 4, 2007, respectively, (collectively, the "Prior Letters"), as well as appeared at various public hearings relating to the Proposed Draft Zoning Law. The Silvers raised previously certain fundamental deficiencies in the Proposed Draft Zoning law as set forth in their Prior Letters. While many of the deficiencies raised by the Silvers have been addressed -- and we thank you -- there are a number of remaining problems with the draft Zoning Law and Subdivision Regulations dated May 23, 2007 (the "Revised Zoning Law and Subdivision Regulations"), which must be addressed to ensure that the Revised Zoning Law and Subdivision Regulations are legally valid and enforceable. In a spirit of compromise, reserving all rights and defenses and without prejudice to the Silvers to reassert any prior position, or assert or undertake any future position or action, the Silvers propose the following changes to the Revised Zoning Law and Subdivision Regulations, which are not only consistent with the Town's Master Plan and Draft Environmental Impact Statement, but will limit the concern that the Revised Zoning Law and Subdivision Regulations may be vulnerable to a legal challenge: 1. The Buildable Yield Calculation is Meal and Creates Procedural Difficulties. As we indicated to the Board in our January 30, 2007 Letter, the Buildable Yield (`BY") formula set forth in Section 210-95 (F)(2)(b) is patently improper and illegal. It is well- settled that acreage located within areas that are suitable (or allowed) for development, whether by permit or otherwise, must be included in the density calculation. See, e.g., Matter of Friends of Shawangunks v. Knowlton, 487 N.Y.S.2d 543 (1985) (holding that acreage subject to an easement must be considered in determining density even though development was prohibited in the easement area); Penfield Panorama Area Comm Inc v Town of Penfield Planning Board ("Penfield'), 688 N.Y.S.2d 848 (4th Dep't 1999); Forte v. Zoning Bd. Of App. of the Village of Warwick, 540 N.Y.S.2d 865 (2d Dep't 1989)(holding that land which can be used by petitioner for regulated activities cannot be excluded from the density computation); Done Holding Company v. State of New York, 534 N.Y.S.2d 406 (2d Dep't 1988)(holding that wetlands must be included in density calculation). In Penfield, for example, the Appellate Division found that it was improper for the Planning Board to subtract acreage located within a 100 -year floodplain because the Zoning Ordinance allowed the Board to approve development in such area. Similarly here, the Town's Zoning Code allows for development in Constrained Land areas, such as 100 -year floodplains and wetlands, albeit pursuant to a permit. See Section 97-7(A)(Erosion and Sediment Control); Section 113-11 (Flood Damage Prevention); Section 116-5 (Aquatic Resource Protection). It is our understanding, moreover, that the Town is in the process of preparing a Steep Slope Ordinance that would regulate and permit development in steep slopes of 20% or greater , again, albeit by permit or other regulation. The BY calculation must be revised to eliminate deductions for areas, such as wetlands, 100 -year floodplains and steep slopes of 20% or greater, that are potentially available for development. Here, a conventional layout of the Property would yield approximately 63 lots. Application of the BY formula to the Property would, however, yield a maximum of 52 lots — a net loss of at least eleven lots! Under the controlling case law cited above, this net loss is clearly illegal. Adjusting the BY formula to comport with existing law would not in any way restrict the Planning Board's discretion under the Cluster Subdivision Regulations to reject development in Constrained Land areas that it deems impracticable. See Section 177-14(I). For example, assuming that the BY formula is revised in accordance with the case law, and the maximum density units equal 100, the Planning Board would still have the authority to reduce the number of allowable lots within the subdivision to a number below 100 if a conventional layout produced less units or such layout conflicts with one or more of the Design Standards. See, e.g., Section 177-22(G). The failure to amend the BY formula to comport with the applicable case law cited above subjects the entire Revised Zoning Law and Subdivision Regulations to annulment, which is contrary to the interest of the Town and the Silvers. Aside from the illegality of the BY calculation under applicable law, the Silvers also question its practicality. The Revised Zoning Law and Subdivision Regulations allow for the BY formula to be adjusted after the applicant secures permits or approvals to allow development in the Constrained Land areas. See Section 177-15(A)(1). It would be atypical N for an applicant to apply for and obtain permits from an agency, such as the New York State Department of Environmental Conservation, prior to submission of an application to the Planning Board. The proposed alternative put forth by the Revised Zoning Law and Regulations would require an applicant to apply to the Planning Board for a lesser number of units than it believes its site would ultimately yield, and thereafter amend its application for the additional units once the necessary permits are obtained. This latter process would also be burdensome and impractical to an applicant, and would make the SEQRA review process ridiculously onerous and expensive. An applicant would have to either supplement its SEQRA analysis after it obtains permits and an adjustment to the BY, or analyze as its "action," a development plan with a lower density than it believes could ultimately be approved under applicable zoning. 2. The Twenty Percent (20%) Threshold for Steep Slopes Under The BY Formula Is Inconsistent with Other Code Provisions. Chapter 97 of the Town Zoning Code (Erosion and Sediment Control) requires a permit for site preparation only in slopes of 25% or greater. See Section 97-7(A). In the event that the Board refuses to modify the BY formula to eliminate the deduction for steep slopes altogether, which frankly it must, based upon the controlling law and rationale cited above, at the very least, the formula must be changed to be consistent with other existing and future Code provisions relating to steep slopes, which regulate slopes of 25% or greater. 3. Section 177-14 of the Subdivision Regulations Should be Clarified Section 177-14 of the Subdivision Regulations (Cluster Subdivisions) appears to require an applicant to submit both a conventional and cluster layout to the Planning Board. See Section 177-14(E) & (G). These sections should be clarified to provide that an applicant seeking approval of a cluster subdivision plan need only submit a sketch conventional layout and not full conventional drawings. While we understand that a sketch conventional layout would be necessary to show the feasibility of a layout, full conventional drawings should not be required, particularly where an applicant intends to apply for cluster subdivision approval. 4. The Open Space Requirements and Tier 2 Incentives Should Be Clarified. Section 177-14(0), requires not less than seventy percent (70%) of preserved open space to be contiguous and unbroken by intervening lot lines or boundary lines. The Incentives Chapter of the Draft Zoning Law, however, does not appear to impose the same requirement in order for an applicant to qualify for a Tier 1 Open Space Incentive. The Silvers request that the Board clarify whether an applicant could qualify for the Tier 1 Open Space Incentive where a cluster plan provides a large contiguous tract of open space, as set forth under Section 210-76(E), which is less than the seventy percent (70%) requirement set forth under Section 177-14(0). The Silvers also request confirmation of their understanding that an applicant may avail itself of the incentive bonuses under two separate provisions of the Tier 2 Incentives. For example, it would appear that an applicant could receive a fifty percent (50%) incentive under Section 210-76(G)(2)(a) for the dedication of not less than fifteen (15) contiguous acres of Usable Open Space land for public use for trails and a fifty percent (50%) incentive under Section 210-76(G)(2)(b) for the dedication of not less than ten (10) contiguous acres of Usable Open Space land for finished ball fields. 3 5. Eliminate Redundancy Under And Clarify Section 210-76(G)(1-4). The first sentence of Section 210-76(G)(1-4) relating to incentives provides that the respective incentive "may be applied to any major subdivision or multi -family development project." [emphasis supplied] This language is redundant and confusing, and must be deleted. First, Section 210-76(D) (Applicability) already provides that the incentives are applicable to parcels of a certain size and zoning "for which an application for approval of a major subdivision or approval of a multi -family development project pursuant to this Chapter or Chapter 177 of the Town Code is submitted." The subject sentence also implies that the application of the incentive provisions are discretionary, which they are not if the applicant meets the requisite standards and criteria. 6. The Prohibition on Cul -De -Sacs Under the Design Standards Should Be Changed. As currently drafted, cul-de-sacs are prohibited unless the Planning Board finds that they are necessary to protect health and safety. See Section 210-15(F)(7). The prohibition on cul-de-sacs contained in the Revised Zoning Law is overly restrictive. There are some instances where a cul-de-sac is advantageous. For example, a lack of connection to other streets would ensure that those streets would not become clogged with car traffic. See New Urbanism for Dummies, 58 Ala. L. Rev. 257 (2006). We recognize that the Board may, as a policy matter, want to promote through streets and discourage the use of cul-de-sacs. In order to achieve the Town's policy goals, however, and, at the same time, retain flexibility for situations where the use of cul-de-sacs may be appropriate, we suggest that the language of the Revised Zoning Law be modified to allow cul-de-sac roads, provided that the Planning Board finds they are warranted by site conditions or in the public interest. We further recommend that the Board amend the Design Standards for dead-end streets, to again, provide more flexibility, and increase the maximum road length from 400 feet to 1000 feet. See Section 177-18(P). The prohibition on cul-de-sacs and road length restrictions may potentially result in a loss of at least twelve lots on the Silver Property under a conventional layout and a significant number of lots (perhaps nine or more) under an incentive layout if the Silvers are limited to a 400 foot cul-de-sac. 7. The Bulk Requirements for the R1.5A District Should Not Be Equivalent to the Bulk Requirements for the R -2A District. The proposed bulk requirements for the R -1.5A are the same as the bulk requirements for the R -2A District. See Section 210- 15A. The R -1.5A District, however, contains properties with a half acre of less area. It is unfair and not sound planning policy to apply the same bulk requirements to different sized lots. They clearly become more restrictive in the R -1.5A District. We suggest that the proposed bulk requirements f or the R -1.5A District be slightly modified in order to recognize the differences in the Districts and to create flexibility for house locations, as follows: a. Reduce the lot width from 125' to 11500'; b. Reduce the minimum front yard setback from 65' to 55'; C. Reduce the side yard setback from 40' to 35'; 4 d. Reduce the rear yard setback from 55' to 50% e. Reduce the landscape buffer from 100' to 85', which is between the 50' setback for the R-20 district and the 100' setback for the R -2A district; f. Increase the maximum lot coverage from 5% to 7% since the same size house results in greater percentage of coverage in a district with smaller lots; and g. Increase the maximum impervious surface from 15% to 17%. We also note that Section 210-15A(E) contains what appears to be a typographical error, and should be revised to refer to the R -1.5A district instead of R -2A. 8. It Is Sensible To Include Car Dealerships as an Allowed Use in the Neighborhood Business The Town is proposing to rezone a portion of the Silvers' Property abutting Route 9 from O -R (Office -Research) to B -N (Neighborhood Business). The Silvers believe that, from a planning perspective, allowing motor vehicle sales in the B -N District (or whatever District the Property is ultimately zoned) would allow flexibility and different points of access to the Property, and, at the same time, relieve traffic in the area. Although there is no definitive plan at this time, the Silvers have indicated their willingness to relocate the Ford and Dodge car dealerships currently located along Route 9, to their Property. Relocation of the car dealerships to the Silver Property would be particularly beneficial to the Town since it would: (a) centralize the dealerships to one location; (b) allow development of the existing dealership properties in accordance with the goals of Town Centers and Draft Zoning Law, which promote new development opportunities in compact layouts with a mix of retail, restaurants, offices, civic uses and housing, and which would not permit car dealerships see Draft Town Plan, pp. 58-68 and Draft Zoning Law Section 210-24(B)); (c) facilitate access to and from the Silvers' proposed residential development, as well as the Casperkill development, with fewer curb cuts, without the need for an entrance on Kerr Road; (d) preserve the tranquility of the existing residential neighborhoods, which abut the Silvers' Property, and (e) allow use of the existing light at the Ford Dealership as a means of ingress and egress to the proposed Silver and Casperkill developments. The Silvers propose the aforementioned changes to the Revised Zoning Law and Subdivision Regulations in good faith and remain ready to meet with the Town to discuss these issues and to work with the Town to identify a solution that is satisfactory to all. As we have mentioned before, however, any aspect of the Revised Zoning Law and Subdivision Regulations that is contrary to established law presents the unfortunate, but real risk, that the Revised Zoning Law and Subdivision Regulations would be declared a nullity in their entirety. Such a result after all of the effort and hard work by the Town Board members and its consultants, as well as our clients, would be regrettable. 5 Please do not hesitate to contact the undersigned should the Board have any questions or comments. Respectfully, ZARIN & STEINMETZ By: ichael D. Z cc: David Silver Tina Silver Neil Wilson n TOWN OF POUGHKEEPSIE SPECIAL TOWN BOARD MEETING COMMITTEE OF THE WHOLE MEETING REVIEW OF THE PROPOSED TOWN PLAN, PROPOSED ZONING LAW, PROPOSED SUBDIVISION LAW & THE PROPOSED DGEIS POUGHKEEPSIE TOWN HALL OVEROCKER ROAD POUGHKEEPSIE, NEW YORK 12601 JULY 11, 2007 7:15 P.M. BOARD MEMBERS: PATRICIA MYERS-SUPERVISOR JON BAISLEY-COUNCILMAN, FIRST WARD DOMINIC SEMINARA-COUNCILMAN, SECOND WARD GEORGE FINN, JR. -COUNCILMAN, THIRD WARD MICHAEL CIFONE-COUNCILMAN FOURTH WARD STEPHAN KRAKOWER-COUNCILMAN, FIFTH WARD TODD N. TANCREDI-COUNCILMAN, SIXTH WARD TOM MAHAR-TOWN ATTORNEY BY: CONSTANCE MASON WALKER SCHMIEDER & MEISTER LLC 82 Washington Street Poughkeepsie, New York 12601 (845) 452-1988 �Op�. 2 1 PUBLIC HEARING - 7/11/07 P.' 3 SUPERVISOR MYERS: Good 4 evening, everyone. Thank you for joining 5 us this evening. I would like to call 6 the meeting to order and I would ask that 7 everyone stand for the Pledge of 8 Allegiance. 9 ( WHEREUPON, the Pledge of 10 Allegiance was recited. ) 11 SUPERVISOR MYERS: Roll call, 12 please. 13 COUNCILMAN BAISLEY: Jon 14 Baisley, First Ward. 15 COUNCILMAN SEMINARA: Dominic 16 Seminara, Second Ward. 17 COUNCILMAN FINN: George 18 Finn, Third Ward. 19 COUNCILMAN CIFONE: Michael 20 Cifone, Fourth Ward. 21 COUNCILMAN KRAKOWER: Stephan 22 Krakower, Fifth Ward. 23 COUNCILMAN TANCREDI: Todd 24 Tancredi, Sixth Ward. 25 SUPERVISOR: Pat Myers, SCHMIEDER & MEISTER, INC (845) 452-1988 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING - 7/11/07 Supervisor. TOWN CLERK: Susan Miller, Town Clerk. TOWN ATTORNEY: Thomas Mahar, Town Attorney. SUPERVISOR MYERS This is the third public hearing and it is regarding the Town Comprehensive Plan Amendments, the Zoning Law Amendments and the Subdivision Law Amendments. I move that we suspend the rules. MR. SEMINARA: Second. SUPERVISOR MYERS: All those in favor? COUNCILMAN BAISLEY: Aye. COUNCILMAN SEMINARA: Aye. COUNCILMAN FINN: Aye. COUNCILMAN CIFONE: Aye. COUNCILMAN KRAKOWER: Aye. COUNCILMAN TANCREDI: Aye. SUPERVISOR MYERS: Motion carries. We had a sign-up sheet for SCHMIEDER & MEISTER, INC (845) 452-1988 I 1 PUBLIC HEARING - 7/11/07 2 this and the first person on the list is 3 Wayne Thompson. 4 MR. THOMPSON: Wayne 5 Thompson. I want to comment on two 6 things with respect to the Zoning 7 Amendments. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 First, I want to express my disappointment and concern that planned development districts are not included as part of the current zoning ordinance. Planned development districts are the most powerful and flexible zoning tool available to the legislative body of the Town for within the planned development. district it gives the legislative freedom to even hear if a project is worthy of a planning development district, maybe not hearing the application at all, if you don't like the project. It also allows for not non-traditional adaptions of part of the legislative body when a planned development district is in place. Such impacts could be SCHKIEDER & MEISTER, INC (845) 452-1988 4 1 i 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING - 7/11/07 mitigated through a planned development process for monetary payments to school boards, public amenities.that are outside the scope of the Planning Board or the planning process and other townwide improvements, mitigate impacts or wetlands, and other resources that may be impacted. And it also gives an accountability to the legislative body, the voters, who frequently take the wrath when plans are in place and people say: Well, how did that happen? How did you people let this happen and everybody points fingers in three different directions. I really would encourage the Board to re -look at planned development districts. It is an essential tool to help the Town to control the growth, preserve open space and keep developments in tune from a legislative standpoint where you have some control over -- and not some control, in planned development SCHMIEDER & MEISTER, INC (845) 452-1988 G CEJ 1 PUBLIC HEARING - 7/11/07 2 districts you would have total control 3 over what would go in and to the end I 4 would encourage you to re -look at that 5 because that is, I believe, for the 6 growth of Poughkeepsie, and to benefit 7 the residents, with all of the techniques 8 that can be employed as part of the 9 zoning process in front of the 10 legislative body and the accountability, 11 that I implore you to re -look at that and 12 have that included, planned development 13 districts,.as part of your zoning 14 ordinance. 15 I think you are selling 16 yourselves short and the residents of 17 future of the Town of Poughkeepsie short, 18 by not including planned development 19 districts as part of the zoning 20 ordinance. 21 The second thing I would like 22 to address is the Hudson River 23 Psychiatric Center and the process in 24 which things are going at this point in 25 time. SCHMIEDER & MEISTER, INC (845) 452-1988 7 1 PUBLIC HEARING - 7/11/07 2 I am somewhat discouraged to 3 see that there isn't a negotiated at 4 least -- I know their planned development 5 district is sort of going to be hybrid as 6 I read it right now that it is not in 7 place yet, still being negotiated. 8 As I understand, density 9 seems to be an issue. Although I am 10 frequently in favor of open space 11 projects and my record at previous Board 12 meetings would support that, I think that 13 the density is not necessarily an 14 overriding factor when you are looking at 15 a project. 16 If one of the priorities is 17 historic preservation and open space, in 18 a project, these things come at a cost 19 both to the developer and to and to the 20 Town. 21 ( WHEREUPON, the speaker was 22 informed of the three-minute rule. ) 23 MR. THOMPSON: I didn't 24 realize it was published that there was 25 only three minutes. SCHMIEDER & MEISTER, INC (845) 452-1988 D 1 PUBLIC HEARING - 7/11/07 2 SUPERVISOR MYERS: Just wind 3 down. Just go ahead and wind down. 4 MR. THOMPSON: The -- so that 5 when you look at such a development, you 6 should look at what a developer's 7 benefits of the projects will add, the 8 impact, the mitigation of the impact, 9 rather than strictly the density number. 10 I would encourage the Town to 11 look at that in the light of we have a 12 building that we would all love to see 13 preserved. We have opportunities for a 14 project. Density numbers don't really 15 mean as much as the numbers may say. If 16 you have X number of units, 500 units, 17 that doesn't mean that that is half of 18 the impact of 1,000 units. So, density 19 is as a number is just -- I don't think 20 should be the overriding factor. From 21 what I hear, that's being argued. 22 The overall preservation of 23 the building, the opportunity for open 24 space, the benefits that the project 25 would inure to the Town, the tax base, SCHMIEDER & MEISTER, INC (845) 452-1988 Y1 J 1 PUBLIC HEARING - 7/11/07 2 jobs, careers, not necessarily strip 3 malls, and if it is providing services to 4 the Town residents, such as department 5 stores, grocery stores, or other things 6 that we need, then those should be 7 weighed in the balance and not strictly 8 against the density number. 9 Thank you for letting me 10 continue. it SUPERVISOR MYERS: Doreen. 12 MS. TIGNANELLI: My name is 13 Doreen Tignanelli. I did submit plan 14 comments on the Plan as of Monday, but I 15 had a few other things to add. 16 I am disappointed that the 17 wetlands ordinance was strengthened at 18 this time. I would like to see all 19 wetlands and water bodies that requires 20 buffers to be planted with 25 -foot 21 vegetative buffers in order to protect 22 water quality. 23_ I am also concerned about 24 impact on water resources from the new 25 calculation on buildable yields whereas SCM4IEDER & MEISTER, INC (845) 452-1988 10 1 PUBLIC HEARING - 7/11/07 2 100 -foot wetland buffers are no longer 3 considered when calculating buildable 4 yields. 5 As I stated before, the 6 former Girl Scout property on Spackenkill 7 Road was specifically stated in the 1990 8 Master Plan. That should remain as open 9 space. It has been taken out of this 10 plan all together. The Town has not 11 taken advantage of any opportunity to 12 protect it. 13 There is no rezoning, no 14 critical environmental areas designation, 15 nothing to preserve the land. It seems 16 like the entire thing is being based on 17 the fact that there is an offer of 40 18 acres on the table, but two months have 19 passed and that offer has, as far as I 20 know, still not been signed off on. The 21 Town does not own those 40 acres. It was 22 not posted predicated on any subdivision 23 approval, yet I feel that could 24 potentially be playing into this._ 25 Casperkill Golf Course is SCHMIEDER & MEISTER, INC (845) 452-1988 11 1 PUBLIC HEARING - 7/11/07 2 recognizes in the Plan as being a 3 significant area of open space and I 4 don't see why the former Girl Scout 5 property given the fact that it was in 6 the previous plan should be left out of 7 this one. 8 Thank you. 9 SUPERVISOR MYERS: Okay, I 10 have no one else on my sign -in sheet. I 11 move that we resume the rules. 12 MR. BAISLEY: Second. 13 SUPERVISOR MYERS: All those 14 in favor? 15 COUNCILMAN BAISLEY: Aye. 16 COUNCILMAN SEMINARA: Aye. 17 COUNCILMAN FINN: Aye. 18 COUNCILMAN CIFONE: Aye. 19 COUNCILMAN KRAKOWER: Aye. 20 COUNCILMAN TANCREDI: Aye. 21 SUPERVISOR MYERS: Motion 22 carries. 23 ( WHEREUPON, member of public 24 raising hand. ) 25 SUPERVISOR MYERS: I'm sorry. SCHMIEDER & MEISTER, INC (845) 452-1988 12 I PUBLIC HEARING - 7/11/07 2 Well, I make a motion that we suspend the 3 rules. 4 MR. CIFONE: Second. 5 SUPERVISOR MYERS: All those 6 in favor? 7 SUPERVISOR MYERS: All those 8 in favor? 9 COUNCILMAN BAISLEY: Aye. 10 COUNCILMAN SEMINARA: Aye. 11 COUNCILMAN FINN: Aye. 12 COUNCILMAN CIFONE: Aye. 13 COUNCILMAN KRAKOWER: Aye. 14 COUNCILMAN TANCREDI: Aye. 15 SUPERVISOR MYERS: Motion 16 carries. Okay, Mr. Bunnell. 17 MR. BUNNELL: My name is Fred 18 Bunnell. 19 I want to renew my concern 20 about the issue of the affordable 21 housing. I have, again, read closely the 22 letter form the County Planning 23 Department. I have also taken the time 24 to go and talk to some of the staff. 25 I am very impressed with the SCHMIEDER & MEISTER, ,INC (845) 452-1988 13 1 PUBLIC HEARING - 7/11/07 2 documentation that they can muster to 3 support the claims that they make to 4 their critique of the provisions for 5 affordable housing and I remind you 6 particularly of the paragraph about work 7 towards housing incentives and the 8 conclusion in that section which to me is 9 very disheartening. 10 It seems to me too if we fail 11 to achieve our stated goal of achieving 12 some significant increase in affordable 13 housing, we are failing this Town and we 14 are failing are responsibility as 15 representatives and we are failing our 16 responsibility to future generations. 17 And I say that in part as a 18 retired educator because without a little 19 bit more diversity in this Town, we are 20 ensuring that we have more folks that -- 21 and we are not talking about, 22 unfortunately, homeless people. We are 23 talking about middle and low income 24 people and we should be breaking our 25 backs to make sure that we don't let this SCHMIEDER & MEISTER, INC (845) 452-1988 14 1 PUBLIC HEARING - 7/11/07 2 Town become basically an exclusionary 3 kind of a town. 4 And to hammer that a 5 particular point, I want to just read a 6 short section. It is not out of this 7 county but it's out of another county in 8 New York State that tries to identify the 9 type of people that are most cost burden 10 with regard to access to housing. 11 The people who are cost 12 burden include carpenters, farm workers, 13 bank tellers, retail workers home health 14 aides, office support staff and teacher's 15 aides. They live in every part of our 16 community, young families and seniors 17 living on fixed incomes are often among 18 the most affected households, as we all 19 know about that but, the housing 20 affordability issue impacts a broad 21 section of the population. There are 22 solutions to this problem, okay, will 23 necessitate, and here I substitute my own 24 words, a broad consensus and the 25 political will to make sure that our SCHMIEDER & MEISTER, INC (845) 452-1988 15 1 PUBLIC HEARING - 7/11/07 2 stated goal to make more affordable 3 housing available to.folks like that 4 really happens. 5 The critique offered by the 6 County Planning Department needed some 7 kind of response from all of you on this 8 Board. If not, I say you're failing your 9 responsibilities and we have the example 10 of Joan Pagones in Fishkill who has taken 11 the lead here in Dutchess County. 12 This is not a partisan issue. 13 These are Republican leaders. Do we want 14 to implement the vision of a truly 15 diverse community and do we want to 16 provide the maximum possible opportunity 17 so people of the sort described here to 18 have what is really a human right, 19 affordable housing. 20 Thank you. 21 SUPERVISOR MYERS: Anyone 22 else before I resume the rules? 23 ( No audible response. ) 24 SUPERVISOR MYERS: Make a 25. motion to resume the rules. SCHMIEDER & MEISTER, INC (845) 452-1988 16 1 PUBLIC HEARING - 7/11/07 2 MR. SEMINARA: Second. 3 SUPERVISOR MYERS: All those 4 in favor? 5 COUNCILMAN BAISLEY: Aye. 6 COUNCILMAN SEMINARA: Aye. 7 COUNCILMAN FINN: Aye. 8 COUNCILMAN CIFONE: Aye. 9 COUNCILMAN KRAKOWER: Aye. 10 COUNCILMAN TANCREDI: Aye. it SUPERVISOR MYERS: Motion 12 carries. 13 RESOLUTION 7:11 - #3 of 2007 14 COUNCILMAN KRAKOWER: 15 BE IT RESOLVED, that the Town 16 Board of the Town of Poughkeepsie does 17 hereby adjourn the public hearings in 18 regard to the Town Comprehensive Plan, 19 the Zoning Law and the Subdivision Law to 20 July 25, 2007 at 7:00 p.m. at the Town 21 Hall, Town of Poughkeepsie, One Overocker 22 Road, Poughkeepsie, N.Y. 23 MR. TANCREDI: Second. 24 SUPERVISOR MYERS: Motion has 25 been made and properly seconded. Is there SCHMIEDER & MISTER, INC (845) 452-1988 1 K 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING - 7/11/07 any discussion? ( No audible response. ) SUPERVISOR MYERS: All those in favor? COUNCILMAN BAISLEY: Aye. COUNCILMAN SEMINARA: Aye. COUNCILMAN FINN: Aye. COUNCILMAN CIFONE: Aye. COUNCILMAN KRAKOWER: Aye. COUNCILMAN TANCREDI: Aye. SUPERVISOR MYERS: Opposed? ( No audible response. SUPERVISOR MYERS: Abstention? ( No audible response. ) SUPERVISOR MYERS: Motion carries. ( WHEREUPON, the Public Hearing was adjourned at 7:35 P.M.) SCM41EDER & MEISTER, INC (845) 452-1988 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PUBLIC HEARING - 7/11/07 C E R T I F I C A T I O N I, Constance M. Walker, a Short hand Reporter and Notary Public within and for the State of New York, do hereby certify that I recorded stenographically the proceedings herein at the time and place noted in the heading hereof, and that the foregoing is an accurate and complete transcript of same, to the best of my knowledge and belief. Constance M. Walker Dated: July 11, 2007 SCHMIEDER & NEISTER, INC (845) 452-1988 18 A Abstention 17:15 access 14:10 accountability 5:116:10 accurate 18:12 achieve 13:11 achieving 13:11 acres 10:18,21 adaptions 4:22 add 8:7 9:15 address 6:22 adjourn 16:17 adjourned 17:23 advantage 10:11 affordability 14:20 affordable 12:20 13:5,12 15:2 15:19 ahead 8:3 aides 14:14,15 Allegiance 2:8 2:10 allows 4:21 Amendments 3:10,10,114:7 amenities 5:4 application 4:20 approval 10:23 area 11:3 areas 10:14 argued 8:21 Attorney 1:16 3:5,6 audible 15:23 17:3,13,16 available 4:14 15:3 Aye 3:17,18,19 3:20,21,22 11:15,16,17,18 11:19,20 12:9 12:10,11,12,13 12:14 16:5,6,7 16:8,9,10 17:6 17:7,8,9,10,11 B backs 13:25 Baisley 2:13,14 3:17 11:12,15 12:9 16:5 17:6 BAISLEY-CO... 1:13 balance 9:7 bank 14:13 base 8:25 based 10:16 basically 14:2 belief 18:14 believe 6:5 benefit 6:6 benefits 8:7,24 best 18:13 bit 13:19 Board 1:2,115:5 5:19 7:11 15:8 16:16 boards 5A bodies 9:19 body 4:14,23 5:116:10 breaking 13:24 broad 14:20,24 buffers 9:20,21 10:2 buildable 9:25 10:3 building 8:12,23 Bunnell 12:16 12:17,18 burden 14:9,12 C C 18:3,3 calculating 10:3 calculation 9:25 call 2:5,11 careers 9:2 carpenters 14:12 carries 3:24 11:22 12:16 16:12 17:18 Casperkill 10:25 Center 6:23 certify 18:8 Cifone 2:19,20 3:20 11:18 12:4,12 16:8 17:9 CIFONE-CO... 1:14 claims 13:3 Clerk 3:3,4 closely 12:21 come 7:18 comment 4:5 comments 9:14 COMMITTEE 1:3 community 14:16 15:15 .omplete 18:12 -omprehensive 3:9 16:18 eoncern 4:9 12:19 concerned 9:23 conclusion 13:8 consensus 14:24 considered 10:3 Constance 1:17 18:5,17 continue 9:10 control 5:21,24 5:25 6:2 cost 7:18 14:9,11 COUNCILM... 1:14 2:13,15 2:17,19,21,23 3:17,18,19,20 3:21,22 11:15 11:16,17,18,19 11:20 12:9,10 12:11,12,13,14 16:5,6,7,8,9,10 16:14 17:6,7,8 17:9,10,11 county 12:22 14:7,7 15:6,11 Course 10:25 critical 10:14 critique 13:4 15:5 current 4:11 D Dated 18:19 density 7:8,13 8:9,14,18 9:8 department 9:4 12:23 15:6 described 15:17 designation 10:14 developer 7:19 developer's 8:6 development 4:10,12,16,19 4:24 5:2,19,25 6:12,18 7:4 8:5 developments 5:22 DGEIS 1:5 different 5:16 directions 5:17 disappointed 9:16 lisappointment 4:9 liscouraged 7:2 discussion 17:2 disheartening 13:9 district 4:16,19 4:24 7:5 districts 4:10,12 5:20 6:2,13,19 diverse 15:15 diversity 13:19 documentation 13:2 Dominic 1:13 2:15 Doreen 9:11,13 Dutchess 15:11 E 18:3 educator 13:18 employed 6:8 encourage 5:18 6:4 8:10 ensuring 13:20 entire 10:16 environmental 10:14 essential 5:20 evening 2:4,5 everybody 5:15 example 15:9 exclusionary 14:2 express 4:8 F F 18:3 fact 10:17 11:5 factor 7:14 8:20 fail 13:10 failing 13:13,14 13:15 15:8 families 14:16 far 10:19 farm 14:12 favor 3:16 7:10 11:14 12:6,8 16:4 17:5 feel 10:23 Fifth 1:15 2:22 fingers 5:16 Finn 1:14 2:17 2:18 3:19 11:17 12:11 16:7 17:8 first 1:13 2:14 4:2,8 Fishkill 15:10 fixed 14:17 flexible 4:13 folks 13:20 15:3 foregoing 18:11 form 12:22 former 10:6 11:4 Fourth 1:14 2:20 Fred 12:17 freedom 4:17 frequently 5:12 7:10 front 6:9 future 6:17 13:16 G generations 13:16 George 1:14 2:17 Girl 10:6 11:4 given 11:5 gives 4:16 5:10 go 6:3 8:3 12:24 goal 13:11 15:2 going 6:24 7:5 Golf 10:25 Good 2:3 grocery 9:5 growth 5:216:6 IT half 8:17 Hall 1:6 16:21 hammer 14:4 hand 11:24 18:6 happen 5:14,15 happens 15:4 heading 18:11 health 14:13 hear 4:17 8:21 hearing 2:13:1 3:8 4:1,19 5:1 6:17:1 8:19:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1,23 18:1 hearings 16:17 help 5:21 hereof 18:11 historic 7:17 home 14:13 homeless 13:22 SCBMIEDER & MEISTER, INC (845) 452-1988 iouseholds 14:18 lousing 12:21 13:5,7,13 14:10,19 15:3 15:19 Hudson 6:22 human 15:18 hybrid 7:5 I identify 14:8 impact 8:8,8,18 9:24 impacted 5:9 impacts 4:25 5:7 14:20 implement 15:14 implore 6:11 impressed 12:25 improvements 5:7 incentives 13:7 include 14:12 included 4:10 6:12 including 6:18 income 13:23 incomes 14:17 increase 13:12 informed 7:22 inure 8:25 issue 7:9 12:20 14:20 15:12 J Joan 15:10 jobs 9:2 joining 2:4 Jon 1:13 2:13 JR 1:14 July 1:9 16:20 18:19 K keep 5:22 kind 14:3 15:7 know 7:4 10:20 14:19 knowledge 18:13 Krakower 2:21 2:22 3:21 11:19 12:13 16:9,14 17:10' KRAKOWER... 1:15 L land 10:15 Law 1:4,5 3:10 3:11 16:19,19 lead 15:11 leaders 15:13 left 11:6 legislative 4:14 4:17,23 5:11 5:23 6:10 letter 12:22 letting 9:9 light 8:11 list 4:2 little 13:18 live 14:15 living 14:17 LLC 1:19 longer 10:2 look 8:5,6,11 looking 7:14 love 8:12 low 13:23 M M 18:5,17 Mahar 3:5 MAHAR-TO... 1:16 malls 9:3 MASON 1:17 Master 10:8 maximum 15:16 mean 8:15,17 meeting 1:2,3 2:6 meetings 7:12 MEISTER 1:19 member 11:23 MEMBERS 1:11 Michael 1:14 2:19 middle 13:23 Miller 3:3 minutes 7:25 mitigate 5:7 mitigated 5:2 mitigation 8:8 Monday 9:14 monetary 5:3 months 10:18 motion 3:23 11:21 12:2,15 15:25 16:11,24 17:17 move 3:.12 11:11 muster 13:2 Myers 2:3,11,25 3:7,15,23 8:2 9:11 11:9,13 11:21,25 12:5 12:7,15 15:21 15:24 16:3,11 16:24 17:4,12 17:14,17 MYERS-SUP... 1:12 N N 1:15 18:3 name 9:12 12:17 necessarily 7:13 9:2 necessitate 14:23 need 9:6 needed 15:6 negotiated 7:3,7 new 1:8,20 9:24 14:8 18:7 non-traditional 4:22 Notary 18:6 noted 18:10 number 8:9,16 8:19 9:8 numbers 8:14,15 MY 16:22 O O 18:3 offer 10:17,19 offered 15:5 office 14:14 okay 11:9 12:16 14:22 open 5:22 7:10 7:17 8:23 10:8 11:3 opportunities 8:13 opportunity 8:23 10:11 15:16 Opposed 17:12 order 2:6 9:21 ordinance 4:11 6:14,20 9:17 outside 5:4 overall 8:22 Overocker 1:7 16:21 overriding 7:14 8:20 P Pagones 15:10 paragraph 13:6 part 4:11,22 6:8 6:13,19 13:17 14:15 particular 14:5 particularly 13:6 partisan 15:12 passed 10:19 Pat 2:25 PATRICIA 1:12 payments 5:3 people 5:13,15 13:22,24 14:9 14:11 15:17 person 4:2 place 4:24 5:13 7:7 18:10 plan 1:4 3:9 9:13 9:14 10:8,10 11:2,6 16:18 planned 4:9,12 4:15,23 5:2,19 5:25 6:12,18 7:4 planning 4:18 5:5,6 12:22 15:6 plans 5:13 planted 9:20 playing 10:24 please 2:12 Pledge 2:7,9 point 6:24 14:5 points 5:16 political 14:25 population 14:21 possible 15:16 posted 10:22 potentially 10:24 Poughkeepsie 1:1,6,8,20 6:6 6:17 16:16,21 16:22 powerful 4:13 predicated 10:22 preservation 7:17 8:22 preserve 5:22 10:15 preserved 8:13 previous 7:11 11:6 priorities 7:16 problem 14:22 proceedings 18:9 process 5:3,6 6:9 6:23 project 4:18,21 7:15,18 8:14 8:24 projects 7:118:7 properly 16:25 property 10:6 11:5 PROPOSED 1:4 1:4,4,5 protect 9:21 10:12 provide 15:16 providing 9:3 provisions 13:4 Psychiatric 6:23 public 2:13:1,8 4:15:1,4 6:1 7:1 8:1 9:1 10:1 11:1,23 12:1 13:1 14:1 15:1 16:1,17 17:1,22 18:1,6 published 7:24 p.m 1:10 16:20 17:24 O quality 9:22 R R 18:3 raising 11:24 read 7:6 12:21 14:5 realize 7:24 really 5:18 8:14 15:4,18 recited 2:10 recognizes 11:2 record 7:11 recorded 18:8 regard 14:10 16:18 regarding 3:9 remain 10:8 remind 13:5 renew 12:19 Reporter 18:6 representatives 13:15 Republican 15:13 requires 9:19 residents 6:7,16 9:4 RESOLUTION 16:13 RESOLVED 16:15 resources 5:8 9:24 respect 4:6 response 15:7,23 17:3,13,16 responsibilities 15:9 responsibility 13:14,16 resume 11:11 15:22,25 retail 14:13 retired 13:18 REVIEW 1:4 rezoning 10:13 re -look 5:19 6:4 6:11 right 7:6 15:18 River 6:22 Road 1:7 10:7 16:22 Roll 2:11 rule 7:22 rules 3:13 11:11 12:3 15:22,25 S SCHMIEDER 1:19 school 5:3 scope 5:5 Scout 10:6 11:4 second 1:13 2:16 3:14 6:21 11:12 12:4 16:2,23 seconded 16:25 section 13:8 14:6 14:21 see 7:3 8:12 9:18 11:4 selling 6:15 Seminara 2:15 2:16 3:14,18 11:16 12:10 16:2,6 17:7 SCFBGEDER & MEISTER, INC (845) 452-1988 SEMINARA-... 1:13 seniors 14:16 services 9:3 sheet 3:25 11:10 short 6:16,17 14:6 18:6 signed 10:20 significant 11:3 13:12 sign -in 11:10 sign-up 3:25 Sixth 1:15 2:24 solutions 14:22 somewhat 7:2 sorry 11:25 sort 7:5 15:17 space 5:22 7:10 7:17 8:24 10:9 11:3 Spackenkill 10:6 speaker 7:21 SPECIAL 1:2 specifically 10:7 staff 12:24 14:14 stand 2:7 standpoint 5:23 State 14:8 18:7 stated 10:5,7 13:11 15:2 stenographical... 18:9 Stephan 1:15 2:21 stores 9:5.,5 Street 1:20 strengthened 9:17 strictly 8:9 9:7 strip 9:2 subdivision 1:5 3:11 10:22 16:19 submit 9:13 substitute 14:23 Supervisor 2:3 2:11,25 3:2,7 3:15,23 8:2 9:11 11:9,13 11:21,25 12:5 12:7,15 15:21 15:24 16:3,11 16:24 17:4,12 17:14,17 support 7:12 13:3 14:14 sure 13:25 14:25 iusan 3:3 suspend 3:12 12:2 T r 18:3,3 table 10:18 take 5:12 taken 10:9,11 12:23 15:10 talk 12:24 talking 13:21,23 Tancredi 2:23 2:24 3:22 11:20 12:14 16:10,23 17:11 TANCREDI-... 1:15 tax 8:25 teacher's 14:14 techniques 6:7 tellers 14:13 Thank 2:4 9:9 11:8 15:20 thing 6:21 10:16 things 4:6 6:24 7:18 9:5,15 think 6:15 7:12 8:19 third 1:14 2:18 3:8 Thomas 3:5 Thompson 4:3,4 4:5 7:23 8:4 three 5:16 7:25 three-minute 7:22 Tignanelli 9:12 9:13 time 6:25 9:18 12:23 18:10 Todd 1:15 2:23 TOM 1:16 tool 4:14 5:20 total 6:2 town 1:1,2,4,6 3:3,4,5,6,9 4:15 5:216:17 7:20 8:10,25 9:4 10:10,21 13:13,19 14:2 14:3 16:15,16 16:18,20,21 townwide 5:6 transcript 18:12 tries 14:8 truly 15:14 :une 5:23 two 4:5 10:18 type 14:9 U understand 7:8 unfortunately 13:22 units 8:16,16,18 V vegetative 9:21 vision 15:14 voters 5:12 W Walker 1:17 18:5,17 want 4:5,8 12:19 14:5 15:13,15 Ward 1:13,13,14 1:14,15,15 2:14,16,18,20 2:22,24 Washington 1:20 water 9:19,22,24 Wayne 4:3,4 weighed 9:7 wetland 10:2 wetlands 5:8 9:17,19 wind 8:2,3 words 14:24 work 13:6 workers 14:12 14:13 worthy 4:18 wrath 5:12 X X8:16 Y yields 9:25 10:4 York 1:8,20 14:8 18:7 young 14:16 Z zoning 1:4 3:10 4:6,11,13 6:9 6:13,19 16:19 #3 16:13 1,000 8:18 L00 -foot 10:2 111:9 18:19 126011:8,20 1990 10:7 2 2007 1:9 16:13 16:20 18:19 25 16:20 25 -foot 9:20 40 10:17,21 452-1988 1:21 500 8:16 7 7/11/07 2:13:1 4:1 5:1 6:1 7:1 8:19:1 10:1 11:1 12:1 13:1 14:1 15:1 16:1 17:1 18:1 7:00 16:20 7:11 16:13 7:15 1:10 7:35 17:23 8 82 1:20 845 1:21 SCHMIEDER & MEISTER, INC (845) 452-1988 CUDDY & FEDER LLP 300 WESTAGE BUSINESS CENTER NORWALK, CONNECTICUT February 9, 2006 Via Hand Delivery Hon. Patricia Myers, and Town Board Town Hall 1 Ovexrocker Road Poughkeepsie, NY 12603 Re: (1) Casperldll Project (2) Comments on proposed moratoritun amendment to delete paragraph D (5) Dear Supervisor Myers: I understand that the Town Board is proposing to eliminate paragraph D(5) of the present moratorium law which exempts SEQR review from.the moratorium. Tliat exemption was adopted by the Town Board based upon a specific finding that the information gathered during the SEQRA review "will assist the Town Board as it considers adoption of the comprehensive plan and appropriate zoning regulations." On behalf of Ginsburg Development, LLC, I am writing to oppose this amendment, for several reasons: First, the amendment is contrary to the ptuposes of sound planning. If SEQRA-generated infanilation was determined to be helpful several months ago, it is equally helpful at present. The clear effect of the amendment will be to foreclose the flow of relevant planning information. C&F: 570973.1 SUITE 380 WILLIAM V. CUDDY FISHKILL, NEW YORK 12524 1971-2000 NEIL J. ALEXANDER (also CT) THOMAS R. BEIRNE (also DC) (845) 896-2229 EON S. NICHOLS (also CT) STEPHANIE BORTNYK (also NJ) FACSIMILE (845) 896-3672 WILLIAM S. NULL JOSEPH P. CARLUCCI www.cudd d DAWN M. PDRTNEY LUCIA CHIOCCHID (also CT) e er.com ELISABETH N. RADOW ROBERT DISIENA PAMELA B. RICHARDSON (also NJ) KENNETH J. OUBROFF 90 MAPLE AVENUE NEIL T. RIMSKY ROBERT FEDER CHRISTOPHER B. FISHER (also CT) WHITE PLAINSNEW YORK I061-5196 , D RUTH E. ROTH ANDREW P. SCHRIEVER (also MA) ANTHONY B. GIDFFRE 111 (also CT) (914) 761-1300 JENNIFER L VAN TUYL JOSHUA J. GRAUER FACSIMILE (914) 761-5372/6405 CHAUNCEY L WALKER (also CA) KENNETH F. JURIST MICHAEL L. KATZ (also NJ) JOSHUA E. KIMERLING (also CT) 5DD FIFTH AVENUE Of Counsel DANIEL F. LEARY (also CT) NEW YORK, NEW YORK 70110 ANDREW A. GUCKSON (also CT) KAREN G. GRANIK BARRY E LONG (212) 944-2841 ROBERT L OSAR (also TX) FACSIMILE (212) 944-2843 MARYANN M. PALERMO ROBERT C. SCHNEIDER NORWALK, CONNECTICUT February 9, 2006 Via Hand Delivery Hon. Patricia Myers, and Town Board Town Hall 1 Ovexrocker Road Poughkeepsie, NY 12603 Re: (1) Casperldll Project (2) Comments on proposed moratoritun amendment to delete paragraph D (5) Dear Supervisor Myers: I understand that the Town Board is proposing to eliminate paragraph D(5) of the present moratorium law which exempts SEQR review from.the moratorium. Tliat exemption was adopted by the Town Board based upon a specific finding that the information gathered during the SEQRA review "will assist the Town Board as it considers adoption of the comprehensive plan and appropriate zoning regulations." On behalf of Ginsburg Development, LLC, I am writing to oppose this amendment, for several reasons: First, the amendment is contrary to the ptuposes of sound planning. If SEQRA-generated infanilation was determined to be helpful several months ago, it is equally helpful at present. The clear effect of the amendment will be to foreclose the flow of relevant planning information. C&F: 570973.1 CUDDY & FF -DER LLP Hon. Patricia Myers and Town Board February 9, 2006 Page -2- Second, insofar as the deletion of paragraph D (5) appears to be aimed primarily at the generation of important SEQRA information about the Casperlcill project, tine deletion would be too late to accomplish the purpose, since much of the relevant envir onumental information has already been produced. Ina September, 2005, a 6 -volume proposed DEIS was submitted to the Town. The information in the DEIS has already been made available to the Town Board, and to the Town's Plamai.ng consultant Art Brod. Since this filing preceded your own term of office, I am delivering with this letter a full copy of the 6 volume EIS. Seven additional copies of Volume I are also being delivered, so that each Town board member may have a copy for review. Should you or the Board members desire. additional copies (of any volumes), please call me, and I will have them delivered. Ginsburg Development LLC commends this information to the Town Board in its future, consideration of the proposed Master Plan and new zoning, and in the Town's own SEQRA evaluation of its proposed actions. Third, since the vast maj onty of the DEIS information has already been produced, there is no point in "preventing" the applicant from responding to the Plamnuig Board's request for certain further inforn:iation in order to deem the document "complete." The additional information could only help the Town Board as it considers the Master Plan and appropriate zoning, and there is no legitimate planning reason to suppress the information. Contiinued review of this responsive information will not be a hardship to the Planning Board, which has already reviewed the 6 -volume DEIS submission. Fourth, the existing amendment fiilly protects the Town, since it provides that "all such SEQRA review shall be considered to be undertalcen at the applicant's sole risk, and shall not be constriced as vesting any developmental rights in. said developer, and the completion of such. SEQRA review -v shall not constitute a basis for compelling the approval of the proposed action. " There is no reason why the Town Board ineeds to enact this amendment. For all these reasons, I respectfully request that the Town Board refrain from adopting Resolution 1:18 - #SC 6 of 2006. I ask that this written comment letter be considered as. a comment on the proposed amendment, which is scheduled for a public hearing on February 15th. CBF: 57D573.1 0 CUDDY & FF -DER LLP Hon. Patricia Myers and Town Board February 9, 2006 Page -3- Should you or any of the Board members or Town consultants have any questions, I am happy to discuss these matters further, at your convenience. Thank you for this opportunity to comment. Very truly yours, J�ru�fer L. Van Tuyl cc: Town Board Master Plan Cornmittee Art Brod Kevin Marrinan Phil Evans C&F: 570973.1 NEIL J. ALEXANDER (also CT) THOMAS R. BEIRNE (also DC) STEPHANIE BORTNYK (also NJ) JOSEPH P. CARLUCCI LUCIA CHIOCCHIO (also CT) ROBERT DISIENA KENNETH J. DUBRDFF ROBERT FEDER CHRISTOPHER B. FISHER (also CT) ANTHONY B. GIOFFRE III (also CT) JOSHUA J. GRAUER KENNETH F. JURIST MICHAEL L KATZ (8150 NJ) JOSHUA E KIMERLING (also CT) DANIEL F. LEARY (also CT) BARRY E. LDNG Via Facsimile Supervisor Joe Davis Town Hall 1 Overrocker Road Poughkeepsie, NY 12603 CUDDY & FEDER LLP 300 WESTAGE BUSINESS CENTER SUITE 380 F'ISHKILL, NEW YORK 12524 (545) 896-2229 FACSIMILE (B45) 896-3672 wvvw.ouddyfedencom 9D MAPLE AVENUE WHITE PLAINS, NEW YORK 106D1-5196 (914) 761-1300 FACSIMILE (914) 761-5372/54D5 BOB FIFTH AVENUE NEW YORK, NEW YORK 10110 (212) 944-2841 FACSIMILE (212) 944-2843 NORWALK, CONNECTICUT October 20, 2006 Re: Proposed new Comprehensive Plan Dear Supervisor Davis: WILLIAM V. CUDDY 1871-2000 EON S. NICHOLS (also CT) WILLIAM S. NULL DAWN M.PDRTNEY EUSABETH N. RADOW PAMELA B. RICHARDSON (also NJ) NEIL T. RIMSKY RUTH E. ROTH ANDREW P. SCHRIEVER (elso MA) JENNIFER L VAN TUYL CHAUNCEY L WALKER lalso CA) Of Counsel ANDREW A. GUCKSON (also CT) KAREN G. GRANIK ROBERT L OSAR (also TX) MARYANN M. PALERMO ROBERT C. SCHNEIDER These comments are submitted on behalf of Ginsburg Development LLC, (hereafter, "GDC") in response to the prescribed comment deadline of October 23, 2005.on the revised draft Comprehensive Plan (hereafter, "Plan"). GDC is obviously concerned about the import of much of the revised Plan. GDC's proposed application, in fall conformity with lonb standing zoning density parameters, proposes to preserve the golf course as part of awell-designedhigh-end cluster development. Yet the revised Plan prepared after neighbor opposition to the Casperld1l project developed proposes to reduce the permitted density on GDC's property and an adj oining vacant parcel to 3-6 times less [Or even 12 times less, based on'/4 acre zoning] than all of the surrounding areas. Such a low-density district does not even exist in the Town, nor would such a density ever normally be recommended for areas with central utilities, major traffic arteries, and mature residential neighborhoods of/4 to '/z acre lot sizes that have detennined the character of the area over the past 50 years. In the context of this sudden proposal to slash permitted densities --a proposal not part of the May 2004 Plan draft, nor in any other Master Plan in the Town's past history --the CUDDY & FEDER LLP Supervisor Joe Davis October 20, 2005 P age -2- Plan's further aspirations to "preserve" the golf course, and even the ballfields that are "important to the community" talce on a particularly ominous note. The Plan gives no assurance that the pronounced aspirations would not operate with confiscatory results, even if they did not have a confiscatory purpose. GDC does not necessarily oppose efforts to preserve the golf course, and, in fact, proposes to preserve the golf course in the context of its proposed overall development plan for the Casperkill property. Such preservation efforts are not without difficulties, since the golf course has not been economically viable for many years. Over the past two years since GDC acquired the property the golf operation has lost many hundreds of thousands of dollars. Pro -active cooperation between the Town and aprivate owner is the best way to actually accomplish the preservation of this golf course. Unilateral declarations in a Plan, followed by a confiscatory up -zoning of the property, are likely to be counterproductive to the announced purpose of preservation, in addition to other undesirable consequences. The Plan's proposal for the development of "Centers" appears to be very sound. GDC has extensive experience in working with communities on mixed-use projects that build coinmunity centers. If the Town wishes to concentrate the development on the Casperkill site toward the area close to route 9, GDC is willing to work with the Town to develop a vibrant center on the site, following established "smart growth" principles that would still preserve the golf course. But the Plan gives no assurance that development parameters within centers would be sufficient to develop a viable center. Indeed, the Plan's language relating to preserving "ballfields important to the community" could potentially be interpreted to make it impossible to construct a proper center. The baHEld language, at a minimum, should acknowledge the ability of recreation fees to fund replacement fields in other locations. As in the case of the golf course, pro -active cooperation would be the best way to develop a viable community center that meets the goals of the Plan. On a more general level, the draft Plan lacks sufficient consideration of innportant factors which New York State Law deterrnines to be key parts of the necessary balance in comprehensive planning, including, for example, a consideration of regional needs and the place of the Town of Poughkeepsie growth patterns in a regional context, future housing needs, and specific policies and strategies for improving the local economy. Further, the Town is facing important problems of increasing taxes, and loss of a viable tax base, which should be addressed in the Town. A strong center at Casperkill, with a mixed use development, could substantially strengthen the tax base of the Spackenlull school district and the Town as a whole, and contribute to the Town's responsible economic growth. CUDDY & FF—DER LLP Supervisor Joe Davis October 20, 2005 Page -2- GDC reserves all rights to ftirther comment during a process that complies with the applicable statutory, common law, and due process procedures for adoption of a Comprehensive Plan, including, without limitation: the formulation of a Plan based on a public process consisting of open meetings; the preparation of a plan that meets the standards of Town Law 272-a or its common law equivalent; analysis of the plan in the context of a SEQR review; the formulation and review of proposed zoning regulations to "implement' the Plan; and the requisite public hearings. The vagueness of certain important elements of the proposed Plan makes it unfair to attempt to foreclose comment at such time as the real import of the Plan becomes clear. We thank you for this opportunity to comment, and continue to propose a cooperative effort to seek the best possible development of the Casperkill properties. Very truly yours, e . ' er L. Van Tuyl cc: Philip R. Evans Kevin Marrinan Susan Blickstein CUDDY & FEDER LLP 300 WESTAGE BUSINESS CENTER SUITE 380 FISHKILL, NEW YORK 12524 NEIL J. ALEXANDER (also CT) THOMAS R. BEIRNE (also DC) THOMAS M. BLOOMER STEPHANIE BORTNYK (also NJ) JOSEPH P. CARLUCCI LUCIA CHIOCCHIO (also CT) ROBERT DISIENA KENNETH J. DUBROFF ROBERT FEDER CHRISTOPHER S. FISHER (also CT) ANTHONY B. GIOFFRE III (also CT) SUSAN E.H. GORDON KAREN G. GRANIK JOSHUA J. GRAUER LARRY E. HOROWITZ (also NJ, FLA) KENNETH F. JURIST MICHAEL L. KATZ (also NJ) JOSHUA E. KIMERLING (also CT) DANIEL F. LEARY (also CT) BARRY E. LONG Hon. Joseph Davis, Supervisor Town Board Town of Poughkeepsie 1 Overocker Road Poughkeepsie, NY 12601 (845) 896-2229 FACSIMILE (845) 896-3672 www.cuddyfeder.com 90 MAPLE AVENUE WHITE PLAINS, NEW YORK 1D601-5196 (914) 761-1300 FACSIMILE (914) 761-5372/6405 500 FIFTH AVENUE NEW YORK, NEW YORK 10110 (212) 844-2841 FACSIMILE (212) 9442843 NORWALK, CONNECTICUT Re: Comments on the Master Plan draft 2004 Dear Supervisor and members of the Town Board: WILLIAM V. CUDDY 1971-2000 EON S. NICHOLS (also CT) WILLIAM S. NULL DAWN M. PORTNEY ELISABETH N. RADOW NEIL T. RIMSKY RUTH E. ROTH JENNIFER L. VAN TUYL CHAUNCEY L WALKER (also CA) Of Counsel ANDREW A. GLICKSON (also CT) ROBERT L. OSAR (also TX) MARYANN M. PALERMO ROBERT C. SCHNEIDER September 3, 2004 These comments are submitted on behalf of Ginsburg Development LLC and Casperkill-I LLC. First, I thank the Board for conducting a very open public process on the Master Plan. There have been a number of public presentations on the plan, and opportunity for public comment. In addition to the recent hearing, this opportunity for public written comment is much appreciated. Second, the thanks of everyone in the community are due to the citizens who devoted their volunteer time to this effort. This has obviously been a prolonged and arduous task. Accordingly, we thank the Board for the further opportunity that the Board has now given the public to comment on the draft document. We believe that this draft has significant and fundamental deficiencies, described in Part I of this letter. Part H offers C&F: 455771.1 1 CUDDY & FF -DER LLP recommendations suggesting that it is time for the Town Board to take control of this Master Plan process, and bring it to a timely conclusion. Part I: Comments on the Draft The draft document lacks key elements of a Master Plan o The draft contains little, if any, primary data, but relies exclusively on secondary data, and the limitations of such data in making conclusions is not acknowledged. Thus, many of the conclusions and recommendations in the draft have no actual support in primary data, but are instead based upon a rather superficial analysis of secondary data, and opinion surveys. (III -1). These do not alone constitute a sufficient basis for a Master Plan o Similarly, the so-called "Development Suitability Map" is of very limited usefulness, because it analyzes properties based on secondary data and a very limited notion of "suitability." The secondary data used, largely based on soil mapping and GIS data sets, is somewhat useful for broad, conceptual purposes, but is not accurate on a site-specific basis, and is certainly not a substitute for site-specific, primary source information, and evaluation of potential impacts through the SEQR process. Thus, many areas which may appear as "unsuitable" on such a map, would actually be developable based on site-specific evaluation and SEQR analysis. So the very limited probative value of the "Development Suitability Map" should be acknowledged in the text and in the map. This map is certainly not a substitute for a Proposed Land use Map. o The draft contains no proposed land use map, a central element of a Master Plan. The draft contains no open space plan. The draft contains no map showing neighborhood centers. o The plan collects buzzwords and nebulous concepts that have no direct planning meaning. Examples: Suggestions that "principles" that "guide" undefined actions should be "proactive" and "consistent with the goals, objectives, and future land use pattern chosen by the community" (IV -1) are virtually meaningless when no actual plan is set forth. Even many of the proposed conclusions of the plan are vague and undirected. C&F: 45577].1 2 CUDDY & FEDER LLP The following is part of the Summary of Findings on Economic Development: "...The primary economic development goals are to strengthen tourism and economic development activities in the region by offering recommendations and strategies which are directed towards capitalizing on opportunities. At the same time, the community must fully understand and recognize existing constraints." (H-49) These sentences are largely meaningless. The first sentence is not linked to any specific land use pattern recommendations, which are left to future determination. The second sentence does not even call for economic development in the Town—it only calls for economic development activities in the region. o The draft, in many respects, is not really a Master Plan, but merely a "plan to have a plan." This is actually a shirking of the duties of a Master Plan. For example, the draft recommends, for future action: developing initiative consistent with the Greenway (14.1); studying zoning districts in the Northeast section of the Town (16.1); performing a build out study, especially of Route 44 and the northeast quadrant. (16.3); examining the zoning map to determine if enough commercial and industrially zoned property is available (16.14) These are the kinds of tasks that should have been a part of the Master Plan update. o By virtue of all of the above problems, and the vagueness of the language in the document, the draft will encourage public dissension in the future as to whether any given action is actually "consistent" with this document. Several of the so-called "natural resource" recommendations could effectively support an argument that no development, however worthy, is "consistent" with the plan (e.g. the recommendation to increase wildlife habitat and increase open space. See discussion below). In numerous references, the draft seems to encourage future determinations of consistency on an ad hoc basis. This is the antithesis of "comprehensive planning 55 The draft fails to incorporate the important foundational elements in the 1990 Master Plan which form the basis of the 2004 plan. o This draft acknowledges that it is an update of the 1990 plan. Speakers at the hearing also acknowledged this. The 1990 plan is well organized, and clearly articulates its data, its findings, and its recommendations. While these elements are said to be the basis of C&P 455771.1 3 CUDDY & FEDER LLP the new plan, most of them are not articulated. These omissions seriously compromise the plan. Casperkill is very concerned about this defect, because its proposed cluster development plan is consistent with the long-established comprehensive planning of the Town. The 1990 plan clearly articulated the Town's desire to preserve the two major golf courses in Town, and also stated that Cluster techniques should be used in any development proposal on the golf courses. (page 20) While the new plan generally encourages cluster, there is no clear statement of its applicability to the golf course parcels. This omission should be corrected. o There are many recommendations in the 1990 Plan which remain valid, and should be kept, since the new draft shows no reason to abandon them, and, indeed, proclaims that they are the foundation of the new plan. Notably, the new draft completely lacks specific recommendations for the various neighborhoods in the Town, something that was a key element of the 1990 plan. These portions of the 1990 plan should be restated within any new plan. Indeed, since the organization of the 1990 plan is so much better, the Town Board should give consideration to using the 1990 plan as a framework, and updating it as necessary. Many of the conclusions/recommendations are contrary to well - acknowledged "smart growth" principles. o The draft calls for enhanced protection of "environmental resources" and reduced development, but reduced density in areas served by central water and sewer is contrary to all principles of smart growth, and encourages sprawl. o The draft repeatedly refers to "rural landscapes" and remembrances of past uses as farmlands (see, e.g. H-30). This appears to be an unrealistic arcadianism, rather than sound planning for the 21St century. The draft consistently ignores its own data in making conclusions/recommendations that contradict the data. o The draft concludes that the Town lacks necessary amounts of open space, in spite of the draft's clear admission that "there is enough recreational space to allow for existing. and any future development" '(iv) and that the Town has recreational space "which greatly exceeds the minimum standard." (II -61) Applicable standards require the Town to have 40.86 acres of recreation land. C&F: 455771.1 4 CUDDY & FEDER LLP The Town has a total of almost 600 acres: 132 acres of its own, plus the additional acquisition of Peach Hill (162.5 acres), plus an additional 300 acres for Bowdoin Park. The draft also fails to specifically call for Town efforts to encourage preservation of the two golf courses in the Town (a planning principle that was a key element in the 1990 Master Plan). These golf courses are, of course, another part of the open space which already exists in the Town. The draft ignores the connection between "open space" and "parks and recreation." o The draft implies that the Town is under threats of overdevelopment, ignoring the severe housing shortage discussed in other parts of the document. Part H acknowledges that housing shortage, and the loss of worker -age population in the town, _ concluding that, "An adequate housing stock is necessary to retain resident population as well as provide a buffer against area rent increases." The text of the draft asserts that the Town has had "only modest growth" of 5.88% (p. II -25) and emphasizes the severe need for rental housing (p. H-37) (the vacancy rate is less than one-third of the acceptable rate); that the population of the Town is decreasing, with a need for housing for seniors (p. II -34; H-44). The plan proposes no meaningful strategies of dealing with this need for housing. (see summary section on page H-49). o The draft suggests that there are development limits in the Town based on aquifer capacity limitations, but fails to acknowledge that little or no groundwater is used in the Town. The map listing the various aquifer zones erroneously and confusingly labels the Town's highest potential yield aquifers as "threatened" aquifers. There is thus no actual basis for the draft's recommendation that an "aquifer protection policy" is needed. o Some of the conclusions in the plan are substantively over -broad. For example, the section on Historical Resources (II -67-72) implies that the "Windshield Survey" conducted some years ago was a detailed study and evaluation of local historic resources. It's actual nature, as a preliminary identification of potential sites, should be acknowledged. o Other conclusions simply contradict the data. The draft concludes that "enrollment in each school district has increased annually, with most facilities at or near capacity." (II -75). On the previous page, the draft acknowledges that Spackenkill is only 70% full (II - 74). The draft also fails to acknowledge that the Spacicenkill C&F: 455771.1 CUDDY & FF -DER LLP district owns the Martha Lawrence School, which is presently unused and leased for use by others, another potential resource, if needed. At the same time, the draft refuses to make the conclusions that the data support. o The discussion of the Town's economic base and fiscal health is woefully inadequate. The document reveals that the Town has some serious problems. There has been a "significant decrease in working age residents," (II -34) revealing lack of sound employment opportunities. The plan further states that the Town has higher unemployment than elsewhere in Dutchess County. "A decreasing workforce combined with high unemployment rate indicates a loss of employment opportunities in the community." (U-44). The draft does not even make any concrete recommendations for economic growth and development, other than a passing nod to "Heritage Tourism" (II -49). The "Recommendations" on "Expanding the industrial and commercial tax base" are extremely limited, and focus on reuse of vacant buildings, rather than growing vibrant new industrial and commercial centers. There is no serious discussion of the potential impact on tax ratables of continued IBM downsizing, nor any serious analysis of the planning methods of attracting ratables to replace the ones lost. This is a serious defect, especially in light of the serious tax certiorari results of the IBM lawsuit. The Town did a masterful job in negotiations and avoided an actual refund, but the impacts to the Town's fiscal health, and to taxpayers, particularly in the SpackenIdE school district, are serious, and need to be addressed. As noted above, many of the recommendations have no foundation in primary data, and the consequences of such recommendations have not been evaluated. The draft has a pervasive anti -development bias which would commit the Town to a total no -growth policy, with no analysis of the ruinous economic and neighborhood character consequences of such a position. o The draft assumes, without any articulated empirical support, that the primary goal in the Town should be programs such as preserving and increasing habitat for wildlife, preserving open space, enhancing protection of stream corridors, etc. and that the CUDDY & FF -DER LLP only type of development that should be allowed is development that does not impinge on any of these protection goals. While the draft pays lip service to "sound" development, the sweeping environmental recommendations, which far outweigh the economic development recommendations in number and significance, set up a system in which any development proposal is subject to veto based upon an environmental recommendation in the Master Plan. How can any development, however worthy, increase habitat? How can any development, however worthy, increase open space? This is not comprehensive planning, which plans and directs development, as well as non -development. o The draft is written in a negative, defeatist tone, which conveys little civic pride, and virtually no community cohesiveness. It seems to complain about virtually everything that has happened in the past, and does not acknowledge the substantial assets that the Town possesses (for example, huge amounts of open space, excellent services, excellent access to train service), or recent and continuing efforts to improve the quality of life (for example the Peach Hill Open Space acquisition, the Aquatic Resources protection law.) While the draft lacks the elements of a proper Master Plan, it exceeds the proper function of a Master Plan, and seeks to usurp the jurisdictional functions of lawfully elected and appointed Town authority. o Many of the recommendations of the draft are already part of existing regulatory programs (endangered species, wetlands, habitat, SEQR, Town Law provisions on planning), or within the jurisdiction of other Town agencies (Town Board, Planning Board, etc), and are not properly part of a Master Plan. It is not the function of a Master Plan Committee to take over the entire government of a Town. Nor does a Master Plan have to contain every single good idea about future legislative or policy initiatives. (For example, Phase II Stormwater compliance is already required under existing law. It is not necessary for the Master Plan to discuss the topic, or to "demand" that existing agencies "do" what existing law already requires it to do, or to sit as an alljudging Board to render "report cards" of future performance. Education for Planning and Zoning Board members is already provided for in the Town Law. Funding of zoning enforcement is already part of the fiscal responsibility of the Town Board.) C&F: 45577 1. 1 7 CUDDY & FEDER LLP o In many respects, it appears that the Master Plan Committee, either through itself or through the "Implementation Committee, seeks to become a Town "Super Board", and put itself in the position of supervising all other Town agencies, including the police (III -5); the Town Board (III -1, III -6); the Planning Board (III -7); and other agencies (see IV -1). This is not the function of a Master Plan Committee. The creation of such a Board would be an unlawful delegation of authority. Secondary recommendations: o The Water and Sewer sections should be reviewed by the Town Engineer's office. Some of the studies suggested may already have been accomplished. o The draft needs substantial reworking, simply in terms of presentation and organization. There is much repetition, omission, overlap, and contradiction (see, e.g. recommendations 21.1 and 25.15). There are numerous recommendations of alternative public transportation, which do not seem realistic in light of the plan's concession that little public transportation is available. The plan should be realistic. Part II: Recommendations on future action At this point in the process, the time has come for the Town Board to direct whatever needs to be done to finalize this Master Plan process. Whether the Town ultimately adopts its new Master Plan under its long -existing common law authority, or under the new Town Law statute, the law provides that once the advisory committee has made its recommendations, the decision on the Master Plan needs to be made by the Town Board, and not an advisory committee. The Town Board must fully understand and support the plan, because the Town Board is the agency that will implement it with legislation and other funding initiatives. In addition, it would not be effective for the Board to remand this matter to the committee. While the committee has done a great service to the Town, the main defects in the plan, at this point, involve the need for professional data collection, analysis, and articulation of planning principles, rather than lay -committee work, or collection of ideas. The Town Board should direct this work, redress the problems, and finalize the plan. Everyone in the Town has agreed that the main purpose is to update the 1990 Master Plan. Many of the organizational and substantive problems could be solved, and additional delay avoided, by taking the 1990 Master Plan text as a starting point, and C&F: 455771.1 CUDDY & FEDER LLP updating it where necessary. The updated Master Plan can and should be completed as soon as reasonably possible. It is time to bring this matter to a conclusion. Thank you for this opportunity to comment on this important public issue. Very truly yours, e er L. Van Tuyl C&F: 455771.1 9 'Zoning Law Public Review Draft._ August 22; 2007 . Chapter 210 - ZONING Table of Contents Section Title Paae ARTICLE I General Provisions § 210-1 Title 5 § 210-2 Scope 5 § 210-3 Legislative authority; purpose 5 § 210-4 Severability 6 § 210-5 Supercession of inconsistent laws 6 § 210-6 Effective Date 6 § 210-7 Reserved 6 ARTICLE II Definitions and Word Usage § 210-8 Word usage 6 § 210-9 Definitions 7 ARTICLE III`:.. Zoning Districts; Zoning Map § 210-10 List of districts 6 28 § 210-11 Zoning Map `' �'30 29 210-12 District boundaries § 210-13 Effect of establishment of distr"vet"' �� 30 ARTICLE IV Residence District Regulations § 210-14 Residence, S Family 4 Acre ( 4A) 32 § 210-15 Residences ding 3 41, wily 2 Acre (R :2A) 34 § 210-15A Reside, , Single Family 1.5 Acre (R-1. 5A) 37 § 210-16 Residency, dingle Family 20,000 s f (R 20;000) 37 § 210-17 Residence, Mt#Fatly(R M) =" 41 § 210-18 Residence, Nevy HaM' rg. (R STH 44 § 210-19 Res�den,, Mobil Nome (R MH).w.. 45 § 210-20,f Reserved 45 § 210-2% : Reserved �" 46 ARTICLE V Center District Regulations § 210-22 Arlington TownyCenter (ATC) 46 § 210-23 South Hills Center (SHC) 52 § 210-24 Crowzi Hei hts' Center Overlay (CHCO) 55 § 210-25 Fairview' Enter 61 § 210-26 Salt Point Center (SPC) 65 § 210-27 Macdonnell Heights Center (MHC) 70 § 210-28 Rochdale Road Hamlet (RRH) 74 § 210-29 Red Oaks Mill Neighborhood Services Center (R.OMNSC) 77 § 210-30 Historic Revitalization Development District (HRDD) 80 § 210-31 Greenspace Overlay District (G -O) 86 § 210-32 Reserved 86 ARTICLE VI Business and Commercial District Regulations § 210-33 Neighborhood Business (B -N) 87 § 210-34 Neighborhood Highway Business (B -NH) 89 Page 1 Zoning Law Public Review Draft August 22, 2007 § 210-35 Highway Business (B-H) 89 § 210-36 Shopping Center Business (B -SC) 96 § 210-37 Office Research (O -R) 101 § 210-38 Institutional (IN) 102 § 210-39 Light Industrial (I -L) 104 § 210-40 Heavy Industrial (I -H) 106 § 210-41 Quarry (Q) 108 § 210-42 Reserved 109 ARTICLE VII Waterfront District Regulations § 210-43 Waterfront District 1 (WD1) 109 § 210-44 Waterfront District 2 (WD2) 112 § 210-45 Reserved 'J'�c 114 ARTICLE VIII Supplementary Regulations § 210-46 Accessory apartments in commercial dist 's 114 § 210-47 Accessory apartments in one -family d ' mgs 115 § 210-48 Accessory buildings and structures" 116 § 210-49 Adult business uses 116 § 210-50 Agriculture excluding farm animals 118 § 210-51 Agriculture including farm animals 118 § 210-52 Animal hospitals 118 §210-53 Architectural review 119 § 210-54 Bars and taverns glt£ 120 § 210-55 Bed -and -breakfast establishments z 120 § 210-56 Boat and marine sales�:. �,, 120 c� on § 210-57 Boutiques with goods processed or„as emblesite 121 § 210-58 Reserved 121 § 210-59 Building materials ales and storage (screened) 121 § 210-60 Business arks 121 § 210-61 Reserved'' 125 § 210-62 Cemeteries 125 § 210 63 icatioritowers ani ra ions 125 § 210-64 ou bs, fraternal clubs andrecreational clubs 125 § 210-6 Day -car ursery.achool facilities 125 § 210, Developme ster plan,approval 126 § 210-67 Dish and mi c ”: 'ave antennas 127 § 210-68 eeder roads 131 § 210-69 ces and wa 132 § 210-70 able li storage 133 § 210-71 Fun e Thom 133 § 210-72 Garage ` and temporary tent sales 133 § 210-73 Golf colics. 133 § 210-74 Home occupations 134 § 210-75 Hotels and motels 134 § 210-76 Incentives 135 § 210-77 Inns 139 § 210-78 Kennels 140 § 210-79 Land contour changes 140 § 210-80 Landscaping 143 § 210-81 Lighting 144 § 210-82 Marinas 146 § 210-83 Mobile home park district 147 § 210-84 Mobile home park subdivisions 148 Page 2 Zoning Law Public Review Draft August 22, 2007 § 210-85 § 210-86 § 210-87 § 210-88 § 210-89 § 210-90 § 210-90A § 210-91 § 210-92 § 210-93 § 210-94 § 210-95 § 210-96 § 210-97 § 210-98 § 210-99 § 210-100 § 210-101 § 210-102 § 210-103 § 210-104 § 210-105 § 210-106 § 210-107 § 210-108 § 210-109 § 210-110 § 210-111 § 210-112 § 210-113 § 210-114 § 210-115 § 210-11 § 210-,l § 216--h § 210-119 § 210-120 § 210-121 § 210-122 § 210-123 § 210-124 § 210-125 § 210-126 § 210-127 § 210-128 § 210-129 § 210-130 § 210-131 Mobile home and modular home sales and service Motor vehicle accessory sales and service Motor vehicle body shop Motor vehicle rentals Motor vehicle sales and service Motor vehicle service facility Multi -family developments Nursing homes and alternate care housing Off-street parking and loading Parkland reservation and fees Performance standards Places of religious worship Public utility structures Recreation, indoor Recreation, outdoor ARTICLE IX Signs Purposed General regulations Applications Removal of certain signs Sign regulations for all districts Signs permitted in Residential Districts Signs permitted in ATC, SPC, and RRH Districts Signs permitted in B -N, IN, ROMNSC, and MHC Districts Signs permitted in B-H, SHC, CHCO, and FC Districts Signs permitted in B -SC District Signs permitted in 0-R, I -H, I -L and Q Districts Motor vehicle service facility signs Exempt signs Page 3 149 149 149 149 150 150 152 152 152 156 156 160 160 160 161 162 162 162 163 163 163 163 164 165 165 165 166 166 166 166 166 167 167 167 168 168 169 169 169 170 172 172 173 174 174 175 175 176 Zoning Law Public Review Draft August 22, 2007 § 210-132 § 210-133 § 210-134 § 210-135 § 210-136 § 210-137 § 210-138 § 210-139 § 210-140 § 210-141 § 210-142 § 210-143 § 210-144 § 210-145 § 210-146 § 210-147 § 210-148 § 210-149 § 210-150 § 210-151 § 210-152 ARTICLE X Nonconforming Buildings and Uses General standards Nonconforming use of land Nonconforming use of structures Nonconformity other than use Residential lots in the R-20,000 District Completion of buildings under construction Signs Administration ARTICLE XI Administration and Enforcement General standards Duties of Zoning Administrator Duties of Building Inspector and deputies 21 Building permit Certificate of occupancy Penalties for offenses; emergencies . ARTICLE XII Zoning Board of Appeals Board established; duties y Appeals ' Permitted actions-, Special use permits ° Y` ARTICLE XIII Procedures and Standards for Site Plan Approval General rp Apphca n proce ; application view Plan., £ , , ,ard st ds for site p a roval ARTICLE XIV Amendments § 210-153 ene.r,W procedu'' § 210-1541;P"?"Advisoryreport by. ming Board § 210 15fi Other refemm- s § 210 156 Public noticeMAIiad hea § 210 157 Publication aaj, ARTICLE XV Miscellaneous Provisions § 210-158 Conflicting standards; greater restrictions to prevail § 210-159 Greenwonnections § 210-160 Exempti�ris ARTICLE XVI Fees § 210-161 Fee structure § 210-162 Consultant fees 177 177 178 179 179 180 180 180 180 181 181 181 182 182 182 185 185 187 191 194 200 205 206 206 206 207 207 207 208 208 208 Page 4 Zoning Law Public Review Draft August 22, 2007 ARTICLE I GENERAL PROVISIONS § 210-1. Title. A) This chapter shall be known and may be cited as the "Zoning Law of the Town of Poughkeepsie, Dutchess County, New York." § 210-2. Scope. A) This chapter regulates and restricts the location, constructkYi; °alteration and use of buildings and structures and the development and us :,,�ci land within the Town of Poughkeepsie and for said purposes divides the Town into..,districts. _z § 210-3. Legislative authority; purpose. A) This Chapter 210 of the Town of Poughkeepsij authority and power granted by the Municipal Ic the Town Law of the State of New York, i � Plan duly adopted by the Town Board. As statel Town Law have been superseded by this Local La the Municipal Home Rule Law. Town Code is enacUei pursuant to the Le Rule Law of the State phew York and nance with the 2006 Pougepsie Town CA rein-speeic sections ofrticle 16 of the AA �. b &nt to the authority of Section 10 of B) This Chapter is adopted to protect and promote the head � a safety, comfort, convenience, economy, aesthetics and general welfare and for the followir d Tonal purposes: 1) To guide the future development of the Town in ,Jaccordaxrce with the Town Plan of land use so that the Town may realize its potential asks place to live and to work, with the most beneficial . ani: convenient relationships among the residential, commercial and industrial areas withsnthe Town and with due consideration to: a) The character of the district and its peculiar suitability for particular uses. b) Existing conditions and, trends inpopulation, economic activity, land use and the value of buildings and neighborhoods by encouraging the most use of lana throughout the Town. prevent the' ution of, streams, ponds and all other water resources, to prevent ds and to -neo, age the wise use and sound management of natural resources hout the T6 in order to preserve the integrity, stability and beauty of the h itv and the value of the land. 3) To Prot r a cb&acter and the social and economic stability of all parts of the Town and to en the appearance of the Town as a whole by ensuring that all development shall be oreh and beneficial to the Town, by eliminating inappropriate and poor 11, quality design in the exterior appearance of structures and by controlling the erection and maintenance of signs throughout the Town. 4) To protect residential areas and to provide privacy for families by the preservation of such areas from, among others, the visual intrusion of nonresidential uses and, wherever reasonable, by the elimination of nonconforming uses which exert a deleterious influence on their surroundings. 5) To facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements. 6) To make provision for access to sunlight and the accommodation of solar energy systems Page 5 Zoning Law Public Review Draft August 22, 2007 and equipment and other alternative energy systems. § 210-4. Severability. A) If any part of this Chapter is declared to be invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of said Chapter as a whole, or any other part of said Chapter. The Town Board hereby declares that it would have adopted this Chapter and each part thereof irrespective of the fact that any one (1) or more of the parts may be declared invalid. § 210-5. Supercession of inconsistent laws. A) To the extent that this section is inconsistent with Town a.: 261-b, 261-c, 265-a, 267-a, 274-a, 274-b, 276, 277, 278 or any other provision o - i of the Town Law, the provisions of this Chapter are expressly intended to,, 'd do 7 supersede any such inconsistent provisions. § 210-8. Word . Q. . A) Except where sp lly c ed herein, allwrds used in this chapter shall carry their . customary meaning a relent tense shall include the future. Words used in the sin``�arnumbe ude t y, nd words used in the plural number include the singular, unlesttea , cont early indicates the contrary. B) Words used m the present to 'de the future tense. C) W,;14 used in the s ' lar ixAide the plural, and words used in the plural include the singular ; D) The wor '►orson" inc ides a firm, association, organization, partnership, corporation, trust and comps' %S well ae an individual. E) The word lot shal`''mclude the word plot or parcel or "tract". F) The word "shall""'is always mandatory and not merely directory. G) The word "structure" shall include the word "building" and any man-made object or improvement. H) The words "used" or 'occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied." I) The words "Zoning Map," shall mean the "Zoning Map of the Town of Poughkeepsie, New York." J) Unless the context requires a different interpretation, any word denoting gender includes the female and the male. Page 6 Zoning Law Public Review Draft August 22, 2007 I) The term "Town Board" shall mean the Town Board of the Town of Poughkeepsie, New York. L) The term "Planning Board" shall mean the Planning Board of the Town of Poughkeepsie, New York. M) The term "Zoning Board of Appeals" and "Zoning Board" shall mean the Zoning Board of Appeals of the Town of Poughkeepsie, New York. N) The term "Building Inspector" and "Zoning Enforcement Officer" shall mean the Building Inspector or Zoning Enforcement Officer, respectively, of the Town of Poughkeepsie, New York. 0) The term "Department of Planning" shall mean the Poughkeepsie, New York. of the Town of § 210-9. Definitions. . A) Specific Terms. When used in this Chapter, unless otherwise expressly stated or unless the context or subject matter otherwise requires, the following definitions shall apply. ACCESS ROAD, ACCESS WAY — A way or means of approach to provide vehicular or ,pedestrian physical entrance to a property. An access way may be.' public or' privately owned and ,maintained. Al"', ACCESSORY APARTMENT -- A dwelling unit which is ;subor&nate to the principal one -family dwelling in terms of size, location and appearance and provides complete housekeeping facilities for one family, including independent cooking,; bathroom and sleeps g facilities, with physically separate access from any other dwelling unit or use: ACCESSORY APARTMENT IN COMMERCIAV-ISTRICT - A dwelling unit in a permitted commercial district which is subordinate to ti princmmercial-use. The dwelling is generally located within the commercial building footprirl and' provider"plete housekeeping facilities for �, one or more families, includin, cooathroom and sleeping facilities. z� ,,. ACCESSORY STRUCTIMRE - A sukrdinate structure detached from but located on the same lot as the principal structure,use of w&b. is incidental.and accessory to that of the principal structure. ACCESSORY USEA use cadeiv41, toaand on the same lot as a principal use. ACREAGE k ` • GROSS"-- The total acreage parcel or parcels of land proposed for subdivision and/or 5 f� development, as determined by a certeti survey. � 3 � • NET The gross acreage cif a parce of land minus the acreage of constrained land and lands that are pro,posed to be occupied by public utility easements and/or central services (i.e. storm water, water. ,supply andYand sewage disposal facilities). It is this figure into which the minimum lott size„ per dwelling unit is to be divided to determine the buildable area and the buildable yield of.a lot orlroperty proposed for development. ADAPTIVE REUSE, REUSE - Contemporary use of an existing building or structure for a use other than that for which it was originally designed, intended or occupied, e.g., use of a former barn as a residential dwelling. This shall include the expansion of the existing building or structure by not more than twenty-five (25%) of the existing gross floor area. An expansion of an existing building or structure by more than 25% shall be deemed to be a "Redevelopment". ADJACENT PROPERTY -- Any property adjoining, directly opposite, or within 100 feet of the boundary of any portion of subject parcel. This definition shall include all property separated by a street or within 100 feet of the street frontage of subject parcel. ADULT BUSINESS USE -- Any use or business that: A) Is any use of land, structure or location which, by the provisions of the Penal Law, is required to restrict the access thereto by minors; and Page 7 Zoning Law Public Review Draft August 22, 2007 B) Is an establishment, location, building or structure which features topless dancers, nude dancers or strippers, male or female; and C) Is a location, building or structure used for presenting, lending or selling motion -picture films, videocassettes, cable television or any other such visual media, or used for presenting, lending or selling books, magazines, publications, photographs or any other written materials distinguished or characterized by an emphasis of matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined below: 1) SPECIFIED SEXUAL ACTIVITIES a) Human genitals in a state of sexual stimulation or aro us b) Simulated and actual acts of human masturbation, se intercourse or sodomy; or MW c) Fondling or other erotic touching of human g = ubic regions, buttocks or female breast. 2) SPECIFIED ANATOMICAL AREAS a) Less than completely and opaquely coved human genitals pu _ '; region, buttock and female breast below a point immetely abov the top of b) Human male genitals in a covered. D) Is the use of land, structures or 1 physical contact establishment as 1) ADULT ENTERTAINMENT 13 stores, adult theaters, adult cab modeling studios, shall be defined stat(Er if for an adul below: -- incl opaquely t business or as an adult bookstores, adult video establishment, and nude a) ADULT BOOKSTORE -- An essh`lshment hawing as a substantial or significant portion of its st6&ain-trade boo"s, magazuies and other periodicals which are distinguished or characterized by heir emphasis on matter depicting, describing or relating to specified se ual activities t specified anatomical areas as defined below. =z b) ADULT VIDE(fl STORE s n establishment having as a substantial or significant f its ms, videocassettes or other films for sale or rental w `i stinghed or characterized by their emphasis on matter depicting, describ elatingo specified sexual activities or specified anatomical areas as defined be , T TH ' R An establishment which regularly features live performances, motion 'ctures, videocassettes, DVD's, slides or similar photographic .uctions aracterized by an emphasis on the depiction or description of V", -r activities" or "specified anatomical areas" as defined herein. An shall also include drive-in theaters and establishments where such Arformances are viewed from one (1) or more individual enclosures or d) ADULT CABARET -- An establishment which features live topless dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity. e) ADULT PHYSICAL CONTACT ESTABLISHMENT -- Any establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, karate, judo and dance Page 8 Zoning Law Public Review Draft August 22, 2007 studios are not to be considered adult physical contact establishments. f) NUDE MODEL STUDIO -- Any place where a person who appears seminude, in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of New York or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure: (i) That has no sign visible from the exterior of`the as ructure and no other advertising that indicates a nude or semmud rson is available for viewing; and (ii) Where in order to participate in a class student'ust enroll at least three (3) days in advance of the class; an ' a` (iii) Where no more than one (1) niide or seminude model is yin the premises at any one (1) time. AGRICULTURE EXCLUDING FARM ANIMALS -- The production and sale of field and orchard crops, including landscape plant materials. The offering fo' Fd or selling of any such agricultural products at retail to the public from a farm market shall n'b; construed as an agricultural use unless such offerings or sales are exclusively of agricultural comm dities grown on the parcel where the market is located. ` „ AGRICULTURE INCLUDING FARM and orchard crops, livestock, poultry agricultural products at ret , th agricultural use unless s e s produced on the parcel Where the rn " ALLEY - A narrow aired passa of access to abutting prope AI,TERATIOI =y :change orearr by extensia on anyd ox by an 11re another, the demolition a, structur ALTERNATE CARE HOUSIT for the eldeAj,,w.;(55 years of ag` older), propiLe homes for elderly (55 yea s of -age or old( ANIMALS The production, preservation and sale of field and dairy products `� offering for sale or selling of any e public from = farm " �ket shall not be construed as an or sales areik`, exclusively .of agricultural commodities grown or ket is located � etween propertie$�or buildings serving as a secondary means emeriti°the structural parts or an enlargement, whether in height, or the moving of a structure from one location to -- Facili, es which include but are not limited to family care homes r olden), private property homes for the elderly (55 years of age or s elderly (55 years of age or older), proprietary residences for the nursing homes, domiciliary care facilities and like facilities. AMUSEMENT GAMF1,MACHINE -- A machine or device, whether mechanical, electrical or 77, electronic, which shall be ready for play by the insertion of a coin, token or other similar object and may be operated for use as a game, entertainment or amusement, the object of which is to achieve either a high or a low "score, which by comparison with the score of other players, whether playing concurrently or not, demonstrates relative skill or competence or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real or fanciful games or activities. AMUSEMENT MACHINE COMPLEX -- A group of more than three amusement game machines or other amusement machines in the same place, location or premises, whether as a principal or accessory use. AMUSEMENT MACHINE, OTHER -- A machine or device, not including an amusement game machine, which, by the insertion of a coin, token or other similar object, provides a rise, sensation, Page 9 Zoning Law Public Review Draft August 22, 2007 electronic reading or weight, photograph, lamination or other item of merchandise provided at random among other items of merchandise. ANIMAL HOSPITAL -- A building primarily for the medical and/or surgical care of sick or injured animals. ANTENNA -- Any system of poles, rods, wires, reflecting disks or similar devices used in the transmission or reception of electromagnetic waves external to or attached to the exterior of any building (see also "satellite dish and microwave antenna"). APPLICATION, COMPLETE - An application that includes the following: A) A completed application form together with all information concerning a proposed project in the format as specified by the applicable provisions of this Chaper; B) All application fees required by this Chapter and the pro.., "S review fee escrow deposit, if any, required by the reviewing agency; C) An EAF or DEIS assessing the potential environmental impacts of the proposed project; � n D) A determination by the reviewing agency, or bye ' a lead agency in the event of coordinated review, that the proposed project is not hely to have a signlficantmmpact on the environment (Negative Declaration), or .the Q` ng of a `.notice of comple on of a Draft Environmental Impact Statement in accordance- the ro"sions of SEQRA: AQUACULTURE, MARICULTURE -- The science, art, an�4�business of cultivating marine or freshwater food fish or shellfish, such oysters, oysters, clams,se�aon, and trout, under controlled conditions. ART GALLERY — A place where art is displa --mbition and/or Vie. ATTIC -- That space of building which is im I diatviolly or partly within the roof framing. An "attic" with a fi d floor shall b o ed as r'y in determining the permissible number of stories. AWNING -- Any move. ,r . roof -I* °, ructure can . vered, or otherwise entirely supported from a building, so const e x erect as to permit i " racing readily and easily moved within a few minutes time to close an opening T d or folded ck to a position flat against the building or a cantilevered prod ction there u is A canopy is not included in this definition. BAKERY ,,,RETAIL� estabh t which sells baked goods directly to the public on premises. Goods may, or may not die taxed on ses BAKERY, k WHOLESALE , establi went which produces and sells baked goods primarily to other estab&hments, produce„ primarffy for sale off the premises and only incidentally directly to the public on 4U, premises z.�m. BAR, TAVERN =`An establishment licensed under the laws of New York State primarily for the sale and consumption ox64pr,e s of alcoholic or nonalcoholic beverages and which may provide live entertainment. Food rnaaso be served, but it is secondary and incidental to the business. A grill, nightclub, cabaret, saloon, pub, public house, beer garden or similar establishment shall be considered to be a "bar" or "tavern". BASEMENT -- That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. A "basement" shall be counted as one story in determining the height of a building if it meets the criteria as habitable space as defined in the New York State Building Codes. BED -AND -BREAKFAST -- A single structure affording overnight accommodations and limited food services to guests. BEDROOM -- All rooms in single family, multifamily, row and group dwellings beyond one (1) Page 10 Zoning Law Public Review Draft August 22, 2007 kitchen, living room and dining room or area per dwelling unit. For the purpose of determining the number of bedrooms in a proposed multifamily or townhouse dwelling, all dwelling units shall be rated as having at least one (1) "bedroom" (example: studio apartment). BILLBOARD -- A sign or structure which directs attention to any idea, product, business activity, service or entertainment which is conducted, sold or offered elsewhere than upon the lot on which such sign is situated. BOARDINGHOUSE -- A building, other than a hotel, where lodging and meals for five or more persons are provided for compensation. These rooms, individually or collectively, do not constitute separate dwelling units. BOUTIQUE -- A small retail shop specializing in gifts, fashionable cloth and accessories. BUFFER AREA, BUFFER ZONE — Open space, landscape ar fences, walls, berms or any combination thereof used to physically separate or screen one (1, ;use orprnperty from another use or property so as to visually shield or block noise, light, or other ns nces BUILDABLE AREA — The space remaining on a lot of +e" : ° hZ''' minimum yard, area and bulk requirements of this Chapter have been met, or that area of the lot for whiciance from said minimum yard, area and bulk requirements has been ranted by the Zoning Boarder eals. BUILDABLE LOT — A lot having a buildable area cap a � of acco, Fmodating proposed principal and accessory improvements, and including, where required, a n .atewater supply facility and sewage treatment system that meet the standards of the Dutcher' County Department of Health. A buildable lot shall also adjoin and have access to an improvedet, or shall adjoin and have access to a proposed street that will be improved as part of the developmeli flan for the lot. BUILDABLE YIELD — The number of pot proposed subdivision after deduction of cc parent parcel and the minimum yard, area met. BUILDING -- Any structure w roof supported by walls ©r:colu animals or chattel. BUILDING, A �%SORYsame lot a ,r oses of tipal building steps.. ensions shall 1 BUILDING,' CHED -- surrounded by " 'area on 1 BUILDING FOOT - TAA is in lots or thW- riaximum unit density for a .areas andpublic improvements on the rements'for each proposed lot have been :ed to the land, has one or more floors and a the shelter, housing or enclosure of persons, and subordinate to a principal building on the to those of the main building. taken on a horizontal plane at the main grade level Ings, exclusive of uncovered porches, terraces and the exterior faces of walls. that is not attached to any other building and that is Same lot. area encompassed by a building's outer wall at ground level. BUILDING, FRONT LM, OF -- The line of that face of the building nearest the front line of the lot. This face includes sum1parlors and covered porches, whether enclosed or unenclosed, but does not include steps. BUILDING GROUP -- A group of two or more principal buildings and any buildings accessory thereto, occupying a single lot and having any yard in common. BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front entrance of the building to the highest point of the roof for flat roofs, to the deck line of the mansard roofs and to the median height between eaves and ridge for gable, hip and gambrel roofs. BUILDING INSPECTOR -- The person designated by the Town Board to administer and enforce the building construction laws, codes and regulations and other regulations related thereto. Page 11 Zoning Law Public Review Draft August 22, 2007 BUILDING LINE -- The actual distance in measured feet from the property line to any building or structure on a lot or, in the case of overhangs, the line formed by the intersection of the projection of the outermost wall with the ground. BUILDING, PRINCIPAL -- A building or structure in which the principal use is conducted. BULK -- A term used to describe the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same buildings; and all open spaces required in connection with a building, other structure or tract of land. BUSINESS AND COMMERCIAL DISTRICT OR ZONE — Include `=.the following districts: Neighborhood Business (B -N); Highway Business (B-H); Shopping C Z usiness (B -SC); Office Research (O -R); Institutional (IN); Light Industrial (I -L); Heavy In trial (I -H); and Quarry (Q). CABARET, NIGHTCLUB -- A restaurant or bar in which patro re stained as a group by live entertainers, disc jockeys, video or electronic shows, including seme a machines as defined in this section. CANOPY -- A roof -like structure of a permanent naturewhich projects from all of a building and overhangs the public way. An awning is not inclu & in this definition. CARPORT --A roofed structure, with one or more open w' s, useAlbr,the storage of ' omobiles. CAR WASH -- An establishment with a structure operi two sides providing drive-through washing, steam cleaning, waxing, °s g, polis g and machine g of vehicles by the public for compensation. Such cleaning may be self- a by the vehicle opbrator or be automatic via a chain conveyor to move the vehicle through the cl cle. ol CELLAR, - A portion of a structure's interi , spa 11 blow p yeground level and having more than 1/2 its height below grade or less than fee h ground level and the structural ceiling level. A 'cellar" shcounted a ry in I I V fining the height of a building in stories. CEMETERY --Land, for the al of the dea nand dedicated for cemetery purposes, including crematories and mauso whe erated in con . ion with and within the boundary of such cemetery. CENTER AND HAMLET DI ACTS U, the following districts: Arlington Town Center (ATC), SotA"Hips Beier (SH� sown Heig is Center Overlay (CHCO); Fairview Center (FC); Salt Point Center (SPCfrdonn ighxs Center (MHC); Rochdale Road Hamlet (RRH); Red Oaks Mk.Neighborhoode es Ce OMNSC); Historic Revitalization Development District CLINIC -- An establishment v fiere clients are examined or treated by one or more doctors or other . medical professionFN" als practicing' together, providing outpatient services only, and with no overnight care facilities CLUB, FRATERNAL O'club, membership." CLUB, HEALTH AND FITNESS -- A commercial establishment open to the public for a fee that provides services and facilities for physical fitness training, which includes but is not limited to swimming, handball and racket sports. Spas, clubs and other similar facilities featuring exercise or other active physical conditioning shall also be considered a "health and fitness club." Such uses may include restaurants as accessory uses and the sales of necessary equipment used in the activities provided. CLUB, MEMBERSHIP -- An association of persons forming a membership corporation, registered under the Corporation Law of the State of New York as a nonprofit organization, with bona fide dues paying members. The corporation services and caters exclusively to its members and guests, and its premises and buildings shall be devoted to recreational, athletic, social, fraternal, civic or cultural purposes conducted on a nonprofit basis. Page 12 Zoning Law Public Review Draft August 22, 2007 CLUB, RECREATIONAL -- An association of persons forming a membership corporation registered under the Corporation Law of the State of New York as a nonprofit organization with bona fide dues paying members. The corporation owns, hires or leases land and/or buildings or a portion thereof for the primary and principal use of operating and conducting a generally recognized sport or recreational activity which include activities permitted in a health and fitness club and golf, tennis, basketball courts, bridge club (non -membership) instruction, miniature golf courses, electronic golf courses, golf driving ranges, pitch -n -putt golf, gymnastics instruction, handball courts, judo instruction, karate instruction, lifeguard instruction, scuba and skin-diving instruction, sports instruction, squash courts, swimming pools, volleyball courts, yoga instruction, swimming, skiing, bowling, archery range instruction, firearm training and use, soccer, baseball instruction and racquetball courts. Such uses may include restaurants as accessory uses,_ the sales of necessary equipment used in the activities provided. Billiard parlors and, b!lliard halls are specifically excluded. CLUSTER SUBDIVISION -- A residential subdivision dwelling units that would result on a given parcel under a to be concentrated on a smaller and more compact port remaining land is left in its natural open space condition in a flexibility of design and development to promote the the adequate and economical provisions of streets a41,11 scenic qualities of open lands. pursuant to 'own Law §278 where the conventional sutdivision plan are allowed ton'of land and whe"re a majority of the n perpetuity. Cluster'development results most appropriate use of land, to facilitate . Ltilities; ,and to preserve the natural and COMMERCIAL RECREATION — Private outdoor and/or indoor recreational facilities such as golf courses, playgrounds, swimming pools, ik rink, tennis courts and fishing and hunting preserves, water park, tennis courts, driving ranges,`"bask-ptball courts, handball and racquets courts, baseball and softball fields, football fields, polo fields, brae and riding COMMERCIAL SCHOOL -- An establishment wli pr vides „training in specific areas of knowledge; such training may or may not include a %j9prei e � ourse of study. COMMERCIAL VEHICL v:icle of more tan one -ton capacity used for the transportation o persons or goods primas for gain a vehicle of any capacity carrying a permanently affixed sign exceeding one square d area o ittering of a commercial nature. CONDOMINIUM -- A for' owndh- of real property, regulated by the NYS Attorney General wherein an individual owns ,erioa t ellrng unit or a portion of a non-residential building, 1 together with anindtuisible loin - terest with'oter such owners in the exterior of the building(s ) and the common space Q 0�T CONS`IINED LAND — l� parcel o t containing in whole or in part one (1) or more of the following'x down, State andlor federal protected freshwater wetlands; one hundred (100) year flood plains or floor hazard areas, steep slopes of twenty (20) percent and greater; and open bodies of water including -streams, ponds and lakes of any size. CONTIGUOUS - Tri,a-tual contact; touching. CONTRACTOR'S EQUIPMENT STORAGE/CONTRACTOR'S YARD -- A lot or portion of a lot or parcel used to store and maintain construction equipment and other materials and facilities customarily required in the contractor's trade, but excluding storage of materials or equipment for on-site or off-site sale. This may include an office use accessory to the contractor trade use. CONVENIENCE STORE, MINI -MART — A retail store that is designed and stocked primarily to sell food, beverages and household supplies, having no more than twelve (12) customer seats, to customers who purchase only a relatively few items. CONVERSION -- A change in the use or the occupancy of a building by alteration or by other reorganization. COUNTRY CLUB -- See "club, membership" and "club, recreational." CREMATORY -- A building or structure in a cemetery which houses facilities for cremation. Page 13 Zoning Law Public Review Draft August 22, 2007 DAY-CARE CENTER -- A facility for the care of three or more children away from their own homes for more than three hours but less than 24 hours a single day, but not including a family day-care home or group family day-care home. DBH (denoting "diameter at breast height") -- The diameter of a tree 4.5 feet from the ground level. DECK -- An exterior floor surface, unroofed, extending outward from a structure as an integral part thereof, intended to accommodate multipurpose outdoor activities. DELICATESSEN -- An establishment whose principal business is the preparation and retail sale of prepared foods, such as cooked meats, salads, relishes, preserves, beverages, etc., in a ready -to - consume state for off premises consumption or within the building. I DENSITY UNIT-- The maximum number of dwelling units allowed p `: acre. DEVELOPABLE ACREAGE — The amount of land area left for anent after subtracting the constrained land area from the total area of the project parcel. DEVELOPMENT -- The utilization of a lot or tract of land. DISTURBANCE — All land preparation activities i , tie 4 " P P g e movement, went, removal, transfer or shifting of soil and/or vegetation, inclu ut not limited to, clearin using, filling, grading, re -grading or the building of structures or; ' ement Kimprovements W d including the construction of individual sidewalks, paths, roa dra $�ys. The con tion of land disturbance shall be deemed to continue until the area of 1 " nee is returned to its original state or to a state complying with a permit for such disturbance grafi' in accordance with this Chapter. DOCK -- An accessory structure, extending `m land into a bod ater, for purposes of providing access to watercraft, which craft may be affixed q ` when not in DRIVE-IN, DRIVE-THRU -- An establishme - whic l� design, ysical facilities, service or by packaging procedures, encourages and permits ustoniers to e9eYve' services and obtain goods while remaining in their motor vehi+ rfi DRIVEWAY -- Any ares `reserved '�'ozi. any lot, si& or parcel of land for the purpose of providing CU vehicular access from axi access roa4 or state, county or town highway to principal and accessory structures located on saidoi, ,site off- "arcel: DRIVEWAY, S D -- A sing% iveway s� two (2) or more adjoining lots. DORMIT M -= cont auun living an sleeping accommodations for students on a college or univer t ty campus or ding 60" ols DUMi' d used for th osal y abandonment, burial, burning or any other means and for whatever ose of garbag wagey "trash, refuse, junk, discarded machinery, vehicles or parts thereof or wa „ . aterial of a ind. DWELLING, D ING U I -- A building or portion thereof providing complete housekeeping facilities for one J, uding independent kitchen, sanitary and sleeping facilities, and physically separate fr y other dwelling unit, whether or not in the same building. (Note: The term "dwelling," "singl ,;'- amily dwelling," "multifamily dwelling" or "dwelling unit" shall not be deemed to include a hotel, motel, rooming house, dormitory, nursing home or any other accommodation used for transient occupancy.). A) DWELLING, SINGLE FAMILY -- A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit. B) DWELLING, TWO-FAMILY -- A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common hallway or cellar. A "two- family dwelling" includes a flat, a single structure containing two semidetached units. Side- by-side is considered a "two-family dwelling," regardless of individual ownership of either half of its structure, provided that they are on the same zoned lot of record. Page 14 Zoning Law Public Review Draft August 22, 2007 C) DWELLING, MULTIFAMILY — As used herein shall mean: 1) A building containing three or more dwelling units. 2) A building containing living, sanitary and sleeping facilities occupied by one or two families and more than four lodgers residing with either one of such families. 3) A building with one or more sleeping rooms, other than a one- or two-family dwelling, used or occupied by permanent or transient paying guests or tenants. 4) A building with sleeping accommodations for more than five persons used or occupied as a club, dormitory, fraternity or sorority house or for similar uses. 5) A community residence. D) DWELLING, TOWNHOUSE -- A row of three or more attached dwelling units wherein each unit is intended for single-family occupancy. Each units shall share a common wall with one or more other units and shall not share a common flood ,or ceiling; Ownership of the town house shall include the land on which the unit is placed 71, a: E) DWELLING, GARDEN APARTMENT -- A multi -family building containing not more than three floors of dwelling units and providing required off-street parking and open, space areas. DWELLING UNIT, DETACHED -- A dwelling unit having,,, no common walls, floors or'ceilings with any other dwelling unit or building. DWELLING UNIT, SEMIDETACHED - A dwelling unit which has a common wall with only one other dwelling unit. EXCAVATION The removal of sand, gravel y6k or stone, topsoil, soiY or earth, turf and other similar substances from their natural location an or on t%`e ground for any purpose. FACADE — The exterior wall or walls of a building which zd�i�:tlie front of a building, and which s.. typically faces a street or ubli Yp Y 1?.�� FAMILY — As used her shall A. Any number oT a "' s occl ng a single nox prr fit dwelling unit, related by blooWTI d, marriage or legal adoption, T" ; g and 6oking together as a single housekeeping unit. ..;; B. Any number of person ��,�pyin a -singe nonprofit dwelling unit, not exceeding five adults hyg g`` and "cooking togeQ1 as a single housekeeping unit where all were not related by blood, marriage ar legal adopt%n C. '''Notwithstanding the provisions "p' this definition, a group of unrelated persons numbering mogihan five shall be< considered a "family" upon a determination by the Zoning Board of Appear=that the group is the functional equivalent of a family pursuant to the standards enumeralt§ed below. This presumption may be rebutted, and the unrelated individuals may be considered the functional equivalent of a "family" for the purposes of this article by the Zoning Boar "' 'f Appeals if such group of individuals exhibits one (1) or more characteristics consistent with to purposes of zoning restrictions in residential districts. D. In determining whether a group of more than five unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided herein, the Zoning Board of Appeals shall utilize the standards enumerated herein in making said determination. Before making a determination under this subsection the Zoning Board of Appeals shall hold a public hearing, after public notice. In making a determination the Zoning Board of Appeals shall find that: E. The group is one which, in theory, size, appearance and structure, resembles a traditional family unit. F. The group is one that will live and cook together as a single housekeeping unit. Page 15 Zoning Law Public Review Draft August 22, 2007 G. The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship that is transient or seasonal in nature. Nothing herein shall preclude the seasonal use of a dwelling unit by a group which otherwise meets the standards of this subsection at its permanent residence. H. Any determination under this subsection shall be limited to the status of a particular group as a "family" and shall not be interpreted as authorizing any other use, occupancy or activity. In making any such determination, the Board of Appeals may impose such conditions and safeguards as the Board of Appeals shall deem necessary or advisable in order to maintain the stability and character of the neighborhood and protect the public health, safety and welfare. I. In no case shall a dwelling be occupied by more than bedroom. J. Persons occupying group quarters such as a da seminary shall not be considered a "family." FAMILY DAY-CARE HOME -- Care provided in the cart two additional school-age children in accordance with tl FARM ANIMAL -- An animal, other than a house' primary residential or nonresidential structure. FARMSTAND -- A structure used for the display and sale which the farm stand is located. FARMSTEAD DESIGN —A site plan layou including buildings used for residential and rail fences, ponds, field gates, stone walls, pa in their agricultural setting embody the gra ` centuries. FEEDER ROAD An roadwa A series of functions as a roadw nded to annel local in order to preserve or athe ' erial's trafi FILL -- Materials".deposited l are ., 3> home for th Services Law. to a conventional or sorority house or a is usually six children plus the products grown on the property on lesig elements typical of a farmstead )ses, outbuildings, run-in sheds, split and wood lots, that, taken as a whole ' '' Hudson Valley farms over the ected driveways or parking lots which arterial or other important through roads capacity. elevation. r'1N1bHLD GRADE The elevaWe at which the finished surface of the surrounding lot intersects the walls or supports of' sbuilding oft,er tructure. FLEA MARKET, INDOOR " A buildix� iii which stalls or sale areas are set aside and rented or otherwise` prodded and whicblre intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete or antique and may include the selling of food o ether goods retail, by businesses or individuals who are generally engaged in retail trade. FLOODPLAIN, ONE -HUNDRED -YEAR -- The one -hundred -year floodplain as shown on the latest version of the Federal Emergency Management Agency, Flood Insurance Rate Map(s). FLOOR AREA -- The aggregate sum of the gross horizontal areas of the floor or floors of the building or buildings, measured from the exterior walls or from the center lines of walls separating two buildings. FLOOR AREA, NONRESIDENTIAL — As used herein shall mean: A) For purposes of this definition, "floor area" shall include: 1) Basement space. 2) Elevator shafts and stairwells at each floor. 3) Floor space for mechanical equipment, with structural headroom of at least seven feet six Page 16 Zoning Law Public Review Draft August 22, 2007 inches. 4) Penthouses. 5) Attic space (whether or not a floor has actually been laid) providing structural headroom of seven feet six inches or more. 6) Interior balconies and mezzanines. 7) Enclosed porches. B) "Floor area" shall not include: .r 1) Cellar space. `o..;.; . 2) Elevator and stair bulkheads, accessory water to and cooling towers when constructed above the roofline.;, 3) Floor space used for mechanical equipment, withMs " ctural y`XIoom of less then seven feet six inches. s 4) Attic space (whether or not a floor has actuary been laid) providing structural headroom of less than seven feet six inches. w F 5) Uncovered steps and exterior fire escapes. 6) Terraces, breezeways, open porches, outside balconies and open spaces. 7) Accessory off street parking spaces 8) Accessory off-street loading berths -.,a , C) For the purposes of calculating accessory off-street parking s", es and loading berths, "floor area" shall also include: r 1) Cellar space used for retailing. 2) Outdoor storagepareas N 3) Any other outdoor area used for business-related activities. FLOOR AREA, RESIDENTIAL Asusedherein shall mean: A) For o is definition, floor area shall include: Basement spate Elevator shafts"jai `tstairwells''at each floor. 3) 70- ouses. z 4) Att ce (whethe 'or not a floor has actually been laid) providing structural headroom of at leiW ven f six inches. 5) Interior b es and mezzanines. 6) Enclosed p ches. 7) Bathrooms, closets, hallways and similar spaces. B) "Floor area" shall not include: 1) Cellar space. 2) Elevator and stair bulkheads. 3) Attic space (whether or not a floor has actually been laid) providing structural headroom of less than seven feet six inches. 4) Uncovered steps and exterior fire escapes. Page 17 Zoning Law Public Review Draft August 22, 2007 5) Terraces, breezeways, open porches, outside balconies and open spaces. 6) Garages and carports. FLOOR AREA RATIO -- The quotient of the floor area of a building divided by its lot area. FRONT or FACE -- For the purposes of signs, the outer surface of a building which is visible from the main public street, highway or main parking area shall be considered the "face." The face of a building which is visible from a secondary street, highway or drive would not be considered a "front." FRONTAGE — That portion of any lot which bounds a street, as measured along the property line which is coincidental with such street right-of-way or centerline, or on a corner lot in which case frontage is along both streets.?&" A FUNERAL HOME -- A dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.;, _ GARAGE, COMMERCIAL — An accessory building or portio hereof" used for the parking and storage of vehicles for a fee and which is available to the general pi�blic. u GARAGE SALE -- Any sale of merchandise sold from a) sidence, whether it is7 4hors or outside. GREENHOUSE -- A building whose principal use 01 o the cultivation of plants for subs€quent sale or personal enjoyment. GROUND FLOOR AREA -- The square foot area of the ground level. ffi GROUP FAMILY DAY-CARE HOME -- children plus two additional school-age chil ,. HEIGHT -- For the purpose of determining tb shown on the Zoning Map, the datum shall be HELIPORT -- A takeoff HOME OCCUPATION to include retail sale clearly subordinate to thereof. HOSPITAI = AnlnstataT 4 integral,,"part of the in y training facilities, central sE HOTEL - A,1uilding or a. occupancybyar public for contains one or more dining IMPERVIOUS COV] buildings, pavement, for of a building measured at in theme a &eg. er's home for three to 12 rice with tbilpocial Services Law. do all zones set forth in this chapter and 111 1f' ' ton unless otherwise specked. or business'ctivity which results in a product or service, not •ely within„ elling unit. A "home occupation” shall be gg.af the dw ng unit and shall not change the character health service, medical or surgical care, including as an elated facilities as laboratories, outpatient departments, �nd staff offices. reof which contains sleeping accommodations for transient tion, has a common exterior entrance or entrances, and which That percentage of the lot covered by impervious surfaces including and metal surfaces. INCENTIVE ZONING -Adjustments to the maximum unit density requirements of the Town Zoning Law in exchange for the preservation of significant open space and/or the provision of improvements, facilities or amenities deemed to be of benefit to the Town. INOPERATIVE VEHICLES -- Automobiles, trucks, boats, recreation vehicles and similar conveyances which are not capable of performing the function for which they were originally designed and intended or which are not of sufficient operating order to be licensed for use on public thoroughfares or waterways. INDOOR RECREATION FACILITY -- A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities within a structure and not exposed to the out of doors and including recreational clubs. Page 18 Zoning Law Public Review Draft August 22, 2007 INDUSTRIAL PARK -- A type of planned industrial environment for a variety of light industrial and related activities in which special emphasis and attention are given to aesthetics and community compatibility. Subdivided and developed according to an enforceable Master Plan that includes detailed provisions for streets and all necessary utilities, the park provides serviced sites for a community of industrial and industry -oriented uses. Adequate control of the land, buildings and industrial operations is provided through zoning, private restrictions incorporated as legal requirements in deeds of sale or leases and the provision of continuing management, all for the purpose of assuring attractive and efficient uses within the park and the harmonious integration of the industrial area into the community in which it is located. INDUSTRIAL, HEAVY — includes a wide range of assembling, fabricating, and manufacturing activities such as: food processing, manufacturing and packaging; grain ' `storage, processing and distribution; concrete and asphalt batch plants; manufacture of produc!s and merchandise involving the use of chemicals, processes or materials that might conji4tibite, a potential explosive or environmental hazard; slaughter plants, packing houses, anim�' by products rendering, and other such animal processing activities; automobile salvage and 'peclamatinn a ,yards and facilities; processing or production of oil, natural gas, geothermal resources' or other hydr©carbons; foundries; truck terminals, delivery services, moving and storage facilities, and truck maintenance. INDUSTRIAL, LIGHT — includes limited manufacturing, wholesaling, warehousnig, research and development, and related commercial/service activities ''such as beverage bottling, distribution and warehousing; contractors offices and storage buildings, anpluding general contractors, plumbers, electricians, heating, ventilating, air conditioning contraciors, masons, painters, refrigeration contractors, roofing contractors, andothe .such constructionoccupations; distribution centers; ice utia.laboratories for research, testing and experimental production, storage, sales and distrib purposes; machine shops; manufacture of mpu er , computer peripherals, electrical appliances, electronic equipment, medical instrument dil t '' ther similarW products from previously manufactured components; manufacture of pr cisionn me s nd equipment such as watches, electronics equipment, photo hit equipment; optical goods �imilar products; manufacturing of articles or merchandlse>fro revi ously prepare or naturahnaterials such as cardboard, cement, cloth, cork, fiber, glas feather, Paper, plastics, wood, metals, stones and other such prepared materials; printing axi blishing F INN -- A building or portlohe?b� kept used, maintained, advertised or held out to the public, containing up wenty-five (units use�£or p,ernight sleeping accommodations for guests, and providing r ind al services. n Inn may also contain, as an accessory use(s), a full se -restaurant , „g mea the general public, and small conference facility space to the JUh1K,,S Any waste,laimabl material, or debris, whether or not stored, for sale or in the process of dismantled, #` troyed, processed, salvaged, stored, baled, disposed of, of for other use or dispose This sh include, but is not limited to, unregistered motor vehicles and inoperable motor vehicles, t ' s, vehicle parts, equipment, paper, rags, metal, glass, building materials, househol liaises, machinery, brush, wood, lumber, and putrescible waste (i.e solid waste that contains o"" matter capable of being decomposed by microorganisms and of such a character and proportio: -as to be capable of attracting or providing food for disease vectors). JUNKYARD -- An area of land with or without a building used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap, used or salvaged building materials or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken-down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a "junkyard." KENNEL -- Any place at which there are kept four or more dogs more than four months of age or any number of dogs that are kept for the primary purpose of sale or for the boarding, care or breeding for which a fee is charged or paid. LABORATORY -- A use of building or part thereof and/or land where scientific research, Page 19 Zoning Law Public Review Draft August 22, 2007 development and/or experiments are conducted. LAND CONTOUR CHANGE -- The movement of naturally occurring earthen materials or other similar materials within the boundaries of a site.. LANDFILLING - The importation and deposition of material for the purpose of raising the grade. LAUNDROMAT - An establishment with self-operating clothes washing and drying machines for public use. LAUNDRY -- An establishment where clothes laundry work is done for the public either on the premises or accepted for transfer to another site for laundering. LIGHTING DEVICE -- Any light or group of lights located or ar illumination. LOT -- Land occupied or to be occupied by a building and its acc buildings or by a dwelling group and its accessory buildings, together with such open ce are required under the provisions of this Chapter, having not less than the minim area _, idth required by this Chapter for a lot in the district in which such land is situa , n avmg i 'ncipal frontage on a street or on such other means of access as may be dete ne 'i accordance ' the provisions of state law to be adequate as a condition of the issuan of a building permit for V�" uilding on such land. LOT, CORNER -- A lot situated at the junction of and when the interior angle of intersection does not exceed LOT DEPTH -- The average distance LOT, FLAG -- a lot which has sufficient fro frontage requirements of this Chapter, but lot closest to the street can only be used for whose width some distance back from the i the yard and setback requiremete;. LOT FRONTAGE -- Thz LOT, HOUSE -- In clui area for the location of areas. LOT LIN49NLOT,UGH -- A I LOT WID he public highwa LUMINAIRE - A designed to distribi power. When used, front lot line toV, ' a public stree 2 is ed in such ss pur�pse�:and not of,the lot which wi%gns, that po ux3i and cone N M frit, as defined'i road. is on a street. or more intersecting streets, lot line. P- ly with the minimum lot EP fanner that the portion of the a yard or buildable area, and provide proper space to meet ;he subdivision reserved as a development lands outside of the protected open space streets at opposite ends of the lot and which is not a shall be measured at the property line common with the " ting unit, consisting of a lamp or lamps together with the parts t, to position and protect the lamps and to connect the lamps to the ballasts and photocells. Commonly referred to as a "fixture". LUMINAIRE, FULL CUT-OFF - A luminaire that does not emit light at or above a horizontal plane running through the lowest point on the luminaire. LUMINAIRE, NON CUT-OFF — A luminaire that that emits light above the horizontal plane running through the lowest point on the luminaire. LUMINAIRE, SEMI CUT-OFF — A luminaire that does not allow light to escape above a sixty-five (65) degree angle measured from a vertical line from the center of the lamp extended to the ground. MARINA -- A facility for the storing, servicing, fueling, berthing and securing of boats and that may include eating, service and retail facilities for owners, crews and guests. MAUSOLEUM -- A structure or building designed and used for the entombment of the dead in a Page 20 Zoning Law Public Review Draft August 22, 2007 cemetery. MINING, MINERAL EXTRACTION -- Use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals, as defined in §23-2705 of the Environmental Conservation Law, not including the process of preparing land for construction of a structure for which zoning approvals and building permit have been issued. MIXED USE DEVELOPMENT — Use of land and/or a building or structure for a variety of complementary and integrated uses such as residential, office, retail, entertainment, and recreation. MIXED USE BUILDING — A principal structure in which are located a variety of uses including residences, offices, retail, entertainment and recreation. MOBILE HOME -- A dwelling unit manufactured in one or occupancy, containing sleeping accommodations, a flush toi facilities, with plumbing and electrical connections provided designed to be transported after fabrication on its own perm: the site where it is to be occupied as a complete dwelling: A this definition. MOBILE HOME LOT -- A designated site within a` mol subdivision for the exclusive use of the occupants of a singlen MOBILE HOME PARK -- Any lot on which two or more mobs MOBILE HOME PARK SUBDIVISION on an individually owned parcel. All in landowners' association. MODULAR HOME -- A dwelling that is a fact be permanently located or incor orated with si to be used for residential p"Po�._, i,. MOTEL -- A building tar groi for hire, each of which' offered for rental use prince variously as, an "auto court, "tourist cabins" -or "roadside mutners for insta MOTOR )me park or m6bil6' home park are located. home park where each mobile home is situated and common meas, are under the control of a ble building unit designed to site into a modular structure of bu : 'ngs containing individual living and sleeping accommodations vide th a separate arior entrance and a parking space and is lvy b tor, vehicle traQers. The term "motel" includes, but is known m� q� tntrtor btel . rriotor.court, motor inn, motor lodge, tourist court, ,HICLE ACCESSORY AA ES A facility which for its principal use sells, at retail, and truck access(ries, wht.c tray include but is not limited to parts, tires, batteries, t,pipes, radiators, belts, starters and hoses and which may or may not include facilities such accessories.'The sale of motor fuels is not included in this definition. repairs to motor"' involving frame and � parts, and which may, of petroleum products. AIR FACILITY — A facility arranged, intended, or designed for making :s and their mechanical systems, including painting, collision services lex straightening and the dismantling or disassembly of frames or exterior cnav not include the sale of rebuilt vehicles and parts, but excluding the sale MOTOR VEHICLE RENTAL FACILITY — A facility, including structures and display areas, used for the rental of passenger vehicles, trucks, cargo trailers, or recreational vehicles or other vehicles requiring registration for road use, and which may include a facility solely for the repair of such rental vehicles. The sale of motor fuels is not included in this definition. MOTOR VEHICLE SALES AND SERVICE -- Any area of land, including structures thereon, for which its principal use is the display or sale of new and/or used automobiles, motorcycles, trucks, cargo trailers or recreational vehicles or other vehicles requiring registration for road use, and which may or may not include the repair of vehicles. Enclosed showrooms and open display areas are included in this definition. The sale of motor fuels is not included in this definition. Page 21 Zoning Law Public Review Draft August 22, 2007 MOTOR VEHICLE SERVICE FACILITY -- A facility which for its principal use sells, at retail, fuel or other products and services for vehicle operation and maintenance, including a gasoline filling station, a car wash, or a quick -stop maintenance, and which may include but is not limited to as a secondary use a convenience store selling goods and food for off-site consumption, but not including repair services or facilities. MUSEUM -- A nonprofit, noncommercial establishment operated as a repository for a collection of literary, natural or scientific curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected. NONCONFORMING BULK -- That part of a building, other structure or tract of land which does not conform to one or more of the applicable bulk regulations of this chapter,either following its effective date or as a result of subsequent amendments thereto. NONCONFORMING USE -- Any use of a building, other structact of land which does not conform to the use regulations for that district in which such oe is lecaed, either at the effective date of this chapter or as a result of subsequent amendments thereto. NONRESIDENTIAL CONDOMINIUM -- An estate inl.,r& property consist�.ng of an undivided interest in common with other purchasers in a portio of a parcel of real property; together with a separate interest in space in a commercial building�� NURSERY -- Land or greenhouses used to raise flowers, s, bs ana plants for sale. " NURSERY SCHOOL -- Any place, however designated, for social and educational programs for children three to five years old, operatin less than three louzsper session, two to five times per week, usually following a school year scheMMR ,, NURSING HOME -- A building where nursing care for hire. OFFICE -- An OFFICE PARK, BUSINX,19S "N'� transaction of busmese, " or the rez stocks of goods, ware or merchandi purposes. This may includ.� �sucb including la h sician,e� person, inc " tate aia similar W. poses in ion w medic rvices includin not for p meals only to 103 branch ba facilities an i principal us , vided that e stations, but no uding tra i1 conduct of 1*sjvogs or or lodged?and furnished with meals and �L A lot or rely d lots desifned as a master planned area for the Winof profe oil services, or for other services that involve W limited qua s for use incidental to office uses or samples �,ses as: office bing for business and professional services, 3t; arc w pr engineer, musician, teacher or other professional insurance off ces, banking and other financial businesses and u,;such use; clinics for outpatient care, as well as outpatient luOed :to, imaging and physical therapy; restaurant or cafeteria ees guests for the principal use; and newsstand, post office, .ar - onvemences servingprimarily employees and p y em tp y guests of the shall be no external evidence of such use; radio and television Ling facilities or antennae. OPEN SPACE -- L gait left in a natural state for conservation, orcultivated for agricultural purposes, or landscap improved for scenic or recreational purposes, and devoted to active or passive recreation, or voted to the preservation of distinctive architectural, historic, geologic or botanic sites, scenic views, or other open space qualities. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure unless such structure serves the agricultural, scenic, recreational, or other open space use, or enhance access thereto and use thereof. Open space may be included as a portion of one (1) or more lots, or may be contained in one or more separate open space lot but shall not include private yards within one hundred (100) feet of a principal structure. OPEN SPACE, USABLE -- An unenclosed portion of the ground of a lot which is not devoted to driveways, access roads, parking spaces; which is free of structures that would interfere with the functionality of the open space and the intended use of the property; which is no less than eight feet in width at any point; which is available and accessible to all occupants of the building or buildings Page 22 Zoning Law Public Review Draft August 22, 2007 on said lot, or on a separate dedicated lot as part of a common development scheme, for purposes of active or passive outdoor use.. OUTDOOR RECREATION FACILITY -- A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities out of doors and including recreational clubs. OWNER -- The owner of record of a tract or parcel, the subdivision- of which requires approval of the Planning Board, or a person or persons holding an option to purchase a tract or parcel, contingent only upon receipt of Planning Board approval of a proposed subdivision of such tract or parcel. The "owner" may be represented by a duly authorized agent or representative in the conduct of business before the Board, except in those instances specified hereafter that reethe appearance of the "owner" in person. PARENT PARCEL — A parcel of land legally in existence on the eff e date of this Chapter. For M purposes of this Chapter the parent parcel shall be deemed e tha � ct parcel or tract of land owned by the person or persons as shown on the records o£ th Town 'oughkeepsie Assessor's Office as of the effective date of this Chapter. PERFORMANCE STANDARDS -- Measurable standar& imposed under this Clis�to ensure that a proposed use can operate or locate in a particu.lq district without exceeding eai1y defined �W. standards of tolerance in areas such as noise, odor; smok� ighti Aare, dust, vibrfion, and other potentially objectionable characteristics. s<<� %reyv PERSON -- An individual, firm, partnership, corporatimpany, association, joint-stocassociation or government entity; includes, a trustee, aer, an assignee or a similar representative of any of them. PERSONAL SERVICE BUSINESS -- An establishment primarily aged in providing services involving the care of a person or a person's apparel, including but riot limited, to laundries, barber and beauty shops, and dry-cleaning shops, but not including a4 adult Business use, a Motor Vehicle Accessory Sales and Service use, awMotor Vehicle Body Shop use, a Motor Vehicle Sales and Service use, a Motor Vehicle Service Facility, use, Motor Vehicle Repair Facility, or a Tattoo Parlor. PLACE OF RELIGIOUS 'WORSHIP = Any building, together with its accessory buildings and uses, where persons regularly assemble ,for ,religious worship, and which building is maintained and controlled by a,ous body organized to sustain public worship. P PLANNE T DISTRICT - A development of land that is under unified control and is planne d develope whore in.a single development operation or programmed series of devel t stages. The` .elopmed may include streets, circulation ways, utilities, buildings, open spa and other sit atures and improvements, uses and structures that exceed the permitted s "` density, or isity of use in the district, as well as uses not otherwise allowed by the underlying ming. '- ' drawing or chart on which the subdivider's plan of subdivision is presented PLAT -- The final` to the Planning Boar roval and which, if approved, will be submitted to the County Clerk for recording. (See §§ 276, 278 and 279 of Town Law.) PORCH, OPEN -- A roofed open structure projecting from the outside wall of a building without window sash or any other form of vertical enclosure, other than insect screening. PREMISES -- A lot together with all the buildings and uses thereon. PUBLIC UTILITY -- Any facility or related equipment, including but not limited to all lines, pipes, transformers, poles, etc., performing a public service and subject to special governmental regulation. QUARRYING -- The use of any land for the excavation, extraction or removal of consolidated materials (rock) for sale or use other than on the property from which it is extracted. RECREATIONAL VEHICLE -- A vehicle, self-propelled or towed on its own chassis or attached to the chassis of another vehicle and designed or used for temporary living, recreation or sporting Page 23 Zoning Law Public Review Draft August 22, 2007 purposes. The term shall include but is not limited to travel trailer, pickup camper, camping trailer, converted trucks, buses, boat and skimobile trailers and similar vehicles. RECYCLING BUSINESS -- A commercial establishment organized to collect, store, process and sell reusable domestic, commercial and industrial waste, including waste motor oil. This definition does not include those materials and substances classified as hazardous by the New York State Department of Environmental Conservation. REDEVELOPMENT, REDEVELOPMENT PROJECT The removal and replacement of more than sixty-five (65%) percent of the gross floor area an existing building or structure for a different use than that of the prior occupancy of said building or structure. This term shall include the use of land from which previous improvements have been removed, and shall inclu&an adaptive reuse of an existing building or structure where said building or structure is expa-n ed by more than 25% of the existing gross floor area. g, RESIDENCE -- See "dwelling unit." RESIDENCE DISTRICT OR ZONE; RESIDENTIAL DISTRICT OR ZONE, Includes the following districts: Residence, Single Family 4 Acre (R -4A), j V, 1"' ce, Single E�1_, 2 Acre (R -2A); Residence, Single Family 1.5 Acre (R. -1.5A); Residence Ingle Family 20,000 (82000); Residence, Multi -Family (R -M); Residence, New Hamburg (R -N Residence, Mobile Home N I'M " RESTAURANT OR CAFE -- An establishment whose pr nal busx�ess is the prepares ion and retail sale of food and beverages in a ready -to -consume state to ct40 tstmers and whose design or principal method of operation includes one or both qfthe following characteristics: A) Customers are served their foods restaurant employee at the same tlbe, B) Customers receive their foods and restaurant employee at a walk-up coux restaurant building„_ n off-site for which in# or may not include a bar, by a at which sai_zetns are consumed. Lay not include a bar, from a may be consumed within the C) A cafeteria-ty peratio ere foods a ' beverages generally are consumed within the restaurant bun RESUBDIVISION — The'N4,fftier E on of lots Wthe relocation of lot lines of any lot or lots, including the alteration of an es ment of any new streets, within a subdivision previously an ruved he Pl Board a' 7 -which has been filed in the Office of the Dutchess County Clerk&, Y;'` RETA, BUSINESS, RE USE, RE OR SHOP — Traditional establishments, such as florists, lumber and hardwar .,F;stores armacies, grocery stores, convenience stores, stationary stores, boolt 41ores, video -re stores, clothing stores, department stores, shoe stores, antique stores, etc., that,,sell goods 'i merchandise to the general public for personal or household consumption, but include an Adult Business use, a Motor Vehicle Accessory Sales use, a Motor Vehicle Repair Fac us Motor Vehicle Sales and Service use, or a Motor Vehicle Service Facility use. RIGHT-OF-WAY -- A regal right of use and passage over, under or through another person's property. SATELLITE DISH AND MICROWAVE ANTENNA -- A parabolic antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four feet in diameter while commercial dish antennas are usually those larger than six feet, typically used by broadcasting stations (see also "antenna"). SCHOOL-AGE CHILD CARE -- A place, however designated, for the care of seven or more children, ages five to 14, during the hours in which school is not in session in accordance with the Social Services Law. SERVICE BUSINESS, SERVICE USE, STORE OR SHOP -- A business or nonprofit organization Page 24 Zoning Law Public Review Draft August 22, 2007 that provides services to the public, either on or off premises, including but not limited to arts instruction or studio; building, electrical, plumbing and landscape contracting business; educational services; catering; health club; housecleaning services; locksmith; printing and photocopying; repair and restoration services; tailoring; typing and word processing; but not including a Bank or Financial Service business, an Adult Business use, a Motor Vehicle Accessory Sales and Service use, a Motor Vehicle Body Shop use, a Motor Vehicle Sales and Service use, a Motor Vehicle Service Facility use, a Motor Vehicle Repair Facility, or a Tattoo Parlor. SETBACK -- The distance from the property line to the nearest part of the applicable building, structure or sign measured perpendicularly to the property line. SHOPPING CENTER, SHOPPING MALL — A group of co constructed, and managed as a single entity, with customer and provision for goods delivery separated from customer access, aes from the elements, and landscaping and signage in accordance w SIGN -- Any structure or part thereof attached or painted or rep or include any letter, word, model, banner, flag, insignia, device i in the nature of an announcement, direction or advertisement. flag, pennant or insignia of any nation, state, city or, other poli area which results by multiplying the outside diinehcions of horizontal or diagonal support which may affix the sign to the Unless otherwise provided, only one face of a double-faced sii SIGN, DIRECTIONAL -- A sign used to safety or convenience on the premises of t SIGN, FREESTANDING -- Any sign not faced sign is considered to be one sign. SIGN, HANGING -- A sign whic permitted canopy. SIGN, ROOF -- A sign, extending SITE PLAN -- A rendering, dra` Zoning Law, and which show parcel of Ian on saic SLOPE -The vertio �e of of Ian r any ten -foot" a: SOI The use o stone, loam,'" us or topsoil is extracted, s ; "' to the prod the public to s'J ness or activity main ects from the Wall of a the roofline r sketch pre lishments planned, ng provided on-site, tions and protection plan. nted thereon which shall display :presentation_ used as or which is word "sign"(does not include the unit. The area of a sign is that ign, not including _fie vertical, rld or to a structure or building. luded as the area of such sign. uses, areas or places for their the sign is located. a building. A double- more than one foot or under a bove coping, eave or cornice) of a building. xed in accordance with the specifications of the �V yout and design of a proposed use of a single of land divided by the horizontal distance of that same area land for the excavation, extraction or removal of sand, gravel, clay, sale or for use other than on the property from which the material ions of the Excavations Law. SPECIAL USE - use ich is deemed permissible within a given zoning district or districts, but which may have retial to exhibit characteristics or create impacts incompatible with the purposes of such dist ri a special use shall, therefore, be subject to approval by the Zoning Board of Appeals in accordanwith conditions set forth for such use, as well as other applicable provisions of this Chapter. Both general and specific conditions have been established for special uses to ensure that such use is in harmony with the Town Zoning Law and Poughkeepsie Town Plan and will not adversely affect the neighborhood if the requirements are met. STEEP SLOPE — All ground areas having a topographical gradient equal to or greater than twenty (20) percent measured by utilizing two (2) foot contours. STORY -- That part of a building between a floor and the floor or roof next above it. STORY, HALF -- That portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than a distance equal to 1/2 the floor -to -ceiling height of the story below. Page 25 Zoning Law Public Review Draft August 22, 2007 STREET -- An existing public way which affords principal means of access to abutting properties and is suitably improved; or a proposed way shown on a plat approved by all appropriate official agencies. STREET LINE -- The dividing line between the street right-of-way and a lot. STREET, PAPER -- A street that has never been built but is shown on an approved plan, subdivision plat, tax map, or Official Map of the Town of Poughkeepsie. STREET WIDTH -- The width of the right-of-way; or the distance between property lines on opposite sides of a street. STORAGE -- The holding or safe -keeping of goods in a warehouse or ',,depository to await the happening of some future event or contingency that will call for the re . al o " e goods. STORAGE, BULK -- The accumulation of wholesale quantities o finished materials (solids, liquids and gases) preparatory to use in a manufacturing pr s or retail sales, a permanent reserve being maintained. Junk and scrap materials do notes for inc n in this category. STRUCTURE -- A static construction, constructed o i st ed by man,Y ilding materials, including but not limited to buildings, stadiums, r s, parking lots, plat o j plattowers, sheds, display stands, storage bins, signs, reviewing stand line pug "s, swimming po azebos. STRUCTURE, ACCESSORY - See "accessory structure. STRUCTURE, PRINCIPAL -- The structure which house use permitted under the zoning classification in accordance with the zona :district regulation . SUBDIVISION -- The division of any pars nd into two o re gots, plots, sites or other division of land, with or without streets, fo : t y se of imme or future sale or building development.;, SUBDIVISION, MINOR AU subdivision conl'aixung not mor: f an two lots, each of at least the minimum size as permitted bye chapter, eac Wonting on air existing public street, not involving any new street or road or th extension of municipal facilities, not adversely affecting the development of the xemamder of tt parcel or a46ining properties and not in conflict with any provision or portion of the baster Plan SUBDIVISIO OR A subciivisiom no dlss ed as a minor subdivision. SUPER N RY ��retail store selling a complete assortment of food and food prepay " 'n materials, ehold '`m os and other retail items. "Supermarkets" may contain �A ` pharm delicatessens, and sh tri irkets, bakeries and snack bars. SWIMMIl FOOL, PRIVA" A structure which contains water, either having a depth at any point greaten" g three feet aving a capacity of 8,000 gallons or greater, used for swimming or bathing, instal'' or abov °"the ground. The erection of such structures shall be limited to residential parcels g twd, esidential units or fewer and be for the exclusive use of the residents of those units. SWIMMING POOL, P " IC -- A structure which contains water, either having a depth at any point greater than three fee or having a capacity of 8,000 gallons or greater, constructed, installed or maintained in or above ground and used: A) For swimming or bathing for a fee. B) As an accessory use to a residential development or multifamily dwelling. C) By members of a not-for-profit club. TATOO PARLOR -- An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or Page 26 Zoning Law Public Review Draft August 22, 2007 other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. TEMPORARY/TENT SALES -- The use of any building or lot or portion thereof for the wholesale or retail sale of merchandise to the general public when such use is for a specified, limited period of time. The sale of merchandise must be the normal business of the establishment, and the merchandise for sale must be the normal stock -in -trade of the establishment. THEATER -- A building or part of a building primarily devoted to the presentation of movies, stage productions or concerts on a paid -admission basis. TOURIST HOUSE -- A dwelling in which overnight accommodations are provided or offered for transient guests for compensation, but where such use is secondary to the occupancy of the dwelling by a family. F TRACT -- shall mean any body of land, including contiguous parces of land, under single ownership or under common control of any group of persons acting in concert as part bf a common scheme or plan. TRADITIONAL NEIGHBORHOOD DEVELOPMENT.; .Y- An approach to land,.,use planning and urban design that promotes the building of pedestrian friendly neighborhoods with a mix of residential and commercial uses, housing types and `costs, lot sizes and densities, architectural variety, a central meeting place such as a town square, a network o narrow streets and alleys, and ll defined development edges. The TND de-emphasizes dependence on the automobile by employing mixed land use patterns that afford residents the opportunity to live, work, play, and shop within their own neighborhood. It is based onvpti'e form and design of Alder cities and villages, and is typically characterized by the following desielements'' Am � A) Parks, schools, civic buildings, establishments located within walking distance of homesA. B) Residences with n � ;int setbacks,' fit porches \end detached rear garages or alley - loaded parking. �k C) Residences haul g orches d alleys to access detached garages. D) A system of relatiinterconnected streets with sidewalks, bikeways, and transit that offer multiple rau for ino�tost-9, pedestrians, and bicyclists and provides for the ..: . connections of:those stre"" existing and future developments. E) .Narrower streets with crosswa , streetscaping, and other traffic -calming measures. Fl 1, �icalP develonmen"t that fits t e'oc context. G) Buildu s oriented to th6 street with parking behind. H) A mix ofiusing style -,types, and sizes to accommodate households of all ages, sizes, and incomes incudmg residences located above commercial uses. I) Retention of estang buildings with historical features or architectural features that enhance the visual charmer of the community. J) A variety of architectural features and building materials to encourage giving each building or group of buildings a distinct character. I) An overall composition and location of landscaping that complements the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. USE -- The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use. Page 27 Zoning Law Public Review Draft August 22, 2007 USE, ACCESSORY -- A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. USE, DE MINIMIS -- A use of land or structure that is not outwardly apparent to an off-site viewer so as to call attention to its existence. USE, PRINCIPAL -- The main use permitted under the zoning classification in accordance with the zoning district regulations. VEGETABLE STAND -- A nonpermanent structure used exclusively for the sale of seasonal fruits, vegetables and other farm products and generally open for business during the local growing season. WAREHOUSE -- A building or portion thereof used for the storage of ,poperty. This shall not be deemed to include the storage area in connection with a purely reta""usiness when located on the same property. WATERFRONT DISTRICT OR ZONE -- Include the followingdtrictserfront District 1 (WD1) and Waterfront District 2 (WD2). WORKFORCE HOUSING, AFFORDABLE HOUSING households having eighty (80%) percent of the medi ir. percent for unit rental, of households in the Town,p A Department of Housing and Urban Development. YARD -- That portion of the open area of a lot extending upward, along a lot line for a depth or width as specified which the lot is located. No part of such yk,,r shall be inch similarly required for buildings on another 1 z y� YARD, FRONT -- A yard extending along thy. fulei�h lines.,,: YARD, REAR -- A yard YARD, SIDE -- A the front yard rear § 210-1 A) The 1) the full l"gth of the or for rent Housing designated for for unit purchased ;and sixty (60%) as defined by"i £United States and unobstructed from the ground >_bulk regulations of the district in -M,rt of a yard or other open space the fror* of line between the side lot line, between side lot lines. n the builg and the side line of a lot and extending from front line. ,14,. ARTICLE III ZONING DISTRICTS; ZONING MAP is hereby divided into the classes of districts listed below: a) ResidVeini gle-Family; 4 acre b) Residgle-Family; 2 acre c) Residence, Single Family; 1.5 acre d) Residence, Single -Family; 20,000 square feet e) Residence, Multifamily f) Residence, New Hamburg g) Residence, Mobile Home 2) Center and Hamlet Districts: a) Arlington Town Center Page 28 R -4A 1►w.1\ R -1.5A R-20,000 R -M R -NH R -MH ATC Zoning Law Public Review Draft August 22, 2007 b) South Hills Center C) Fairview Center d) Salt Point Center e) Macdonnell Heights Center f) Rochdale Road Hamlet g) Red Oaks Mill Neighborhood Services Center h) Historic Revitalization Development District 3) Business and Commercial Districts a) Neighborhood Business b) Neighborhood Highway Business c) Highway Business d) Shopping Center Business e) Office Research f) Institutional g) Light Industry h) Heavy Industry i) Quarry 4) Waterfront Area Districts: a) Waterfront District 1 E SHC FC SPC MHC RRH ROMNSC HRDD B -N B -NH B-H B -SC -R IN I -L I -H Q b) Waterfront"District 2WD2 u, B) In addition to the above districts, the following overlay districts are hereby created, to take a effect upon Town Board ado:ption of overlay maps for each district. Any overlay maps adopted or modifie& der alias, Chapter shall be adopted or modified by zoning amendment 2) Crt H 3) Greensp 4) Reserved. ;Article XI and §265 of the Town Law. The overlay zpplement those in the underlying districts listed in this the provisions of those districts, except insofar as the strictive requirements. The overlay districts include: CHCO it Extended Overlay District CHCO (EO) District. G -O § 210-11. Zoning Map. A) The boundaries of said districts are hereby established as shown on the Zoning Map, Town of Poughkeepsie, which accompanies and which, with all explanatory matters thereon, is hereby adopted and made a part of this Chapter. B) The Zoning Map may be amended in the same manner as any other part of this chapter. Said map, indicating the latest amendments, shall be kept up-to-date in the office of the Town Clerk. Page 29 Zoning Law Public Review Draft August 22, 2007 § 210-12. District boundaries. A) In determining the boundaries of districts shown on the map, the following rules shall apply: 1) Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, main track or tracks of railroads or such lines extended. 2) Where such boundaries are indicated as approximately following property lines such lines shall be construed to be such boundaries. 3) Where a lot is divided by one or more zoning district lines, each portion of said lot and any building or land use established thereon shall comply nth the regulations of the district in which it is located. 4) In all cases where a district boundary is located not fhan 15 feet away from a lot line of record, the boundary shall be construed to coide vch such line. 5) In all other cases, where not dimensioned, the ltacatian of bounces shown on the map shall be determined by the use of the scale ap,eariig thereon. 6) Any boundary shown extended into the udson River or WappinJ4 Creek shall be deemed to extend to the boundary of tl 1�ounless atherwise indicated."' § 210-13. Effect of establishment of districts. A) Following the effective date of chapter, the dis > I regulations and requirements prescribed for the various districts stablished. E: B) The regulations shall govern the us hei and/or percentage of lot coverage and, wherever specified, may govern the m : ' ' mu o area of any dwelling unit and the use of any land. C) The regulations , " a the yards, en space , lot dimensions and area, off-street parking and g faci 1 with all ne ' sary passageways and driveways appurtenant thereto and, r spec d, the screen' Id landscaping to be provided in connection with erection, alter or of any bu' ng or the use of any land. D) No yard or opexa" space' � aired i' ' on with any building or use shall be encroached unon. nor' shall 'be conte d as proving a required open space for any other building on the same or any oz, I U. E) No'lot shall be form from pWia lot already occupied by a building unless such building, ally'yards and open Vices connected therewith and the remaining lot comply with all requirements prescribed', by this chapter for the district in which said lot is located. No permit shall, be issued! the erection of a building on any new lot thus created unless such building and jot compky with all the provisions of this chapter. F) There shall not beI'more than one dwelling occupied on a lot except as specifically permitted elsewhere in this` chapter or as set forth herein. Occupancy of a recreational vehicle on any lot where therexists an occupied dwelling in excess of 48 hours without a permit from the Town is prohibited. Occupancy shall be determined using the criteria set forth in the New York State Building Code. A temporary occupancy permit may be issued by the Building Inspector to allow occupancy of a recreational vehicle. A person desirous of obtaining a temporary occupancy permit must make an application to the Building Inspector and pay a filing fee for the application in the amount of $50. The applicant will have to successfully comply with all criteria imposed by the Building Inspector. Any temporary occupancy permit issued by the Building Inspector shall be good for a maximum period of 21 calendar days per year. In the event that a permit holder is desirous of extending the temporary occupancy permit, application may be made to the Building Inspector who shall then make an additional inspection to ensure that all code requirements have been complied with. An Page 30 Zoning Law Public Review Draft August 22, 2007 additional fee of $50 shall be paid for an extension of the temporary occupancy permit but in no event is the Building Inspector authorized to extend the temporary occupancy permit for more than an additional 24 days, for a total permit period not to exceed 45 calendar days per year. In the event that a holder of a temporary occupancy permit is experiencing an extreme hardship situation and is desirous of keeping a recreational vehicle for a period of time beyond said forty -five-day time period, the permit holder may apply to the Town Board of the Town of Poughkeepsie for such approval. The Town Board shall have the ability to fix a per diem fee for such use if the Town Board finds an extreme hardship situation. Violations of this action shall be deemed violations by the property owner and shall be punishable as set forth in Town Code §210-145. G) Uses. Following the effective date of this Chapter any use anon``"f"Aentified or listed as a permitted use in the district on which a proposed or exiting--'uilding(s) or lot(s) is located, shall be deemed prohibited. No building or lot shall b A gfor any purpose or in any manner except in conformity the regulations, requirementsari restrictions specified in this Chapter for the district in which such building or 1"is locate..., ere permitted uses are identified by generic words or descriptions, th o g'Board of �g ': is shall determine whether a specific use shall be construed to bp",art of such generic c `i , ,,,In making such determination, the Zoning Board of Appeals shah consid to what extentro n;. sed use is similar to the class of use indicated in the list of'uses for district. H) Buildings. After the effective date of this Chalst '`l uil ing shall be' ected, moved, altered, rebuilt, enlarged, designed or arranged to b sped for any purpose or in any manner except in conformity with the p y wre gulations, requirementsnd/or restrictions specified in this Chapter for the district in which such building is located I) Lots. After the effective date of this Chapter no lot shall be b pon unless it is a buildable lot as defined herein. Additionally: 1) Any lot created after the effective date of this Chapter shall have the minimum buildable area as defined i this Chapter and shall be a buildable lot as defined herein. 2) All lots proposed for subdivision shall be configured to allow for the later addition of a deck an" a porch without the need foil a,variance. The Planning Board is expressly authorized to req` ulre the reconfiguration of proposed lots and proposed boundary lines in ee cred establishment of flag lots is prohibited. lots Wie a side or `rear yard is adjacent to a street, the standards for front yards pply. I) Prod ons into requir ,yards. 1) Thepowmg proj ons into required yards may be permitted. a) Open e escape: four feet into side or rear yards. y5 b) Awnin '" ''canopies: six feet into any yard. c) Cornices, eaves and other similar architectural features: three feet into any yard. d) Chimneys: two feet into any yard. e) Steps: six feet into any yard. f) Handicapped: total exemption. 2) Any open or enclosed porch, deck, or carport shall be considered a part of the building in the determination of the size of the required yard or lot coverage and shall meet the required setbacks as the principal structure. Non -roofed paved terraces shall not be considered a part of the building. Page 31 Zoning Law Public Review Draft August 22, 2007 3) Accessory uses not enclosed in a building may be located in a rear yard. L) Height exceptions. District building and structure height regulations shall not apply to flagpoles, radio or television antennas, transmission towers or cables, spires or cupolas, chimneys, elevator or stair bulkheads, penthouses, parapets or railings, water tanks or cooling towers, solar collectors and the equipment used for the mounting or operation of such collectors or any similar structures, provided that such structures in their aggregate coverage occupy no more than 10% of the roof area of the building; such structures shall not extend more than 20 feet above the district height regulations; and such structures shall not block the solar access potential of adjacent lots. A special use permit issued by the Zoning Board of Appeals is required for any height exception. M) Town Board reservation of authority. Where a conflict aris `: s to the jurisdiction of the Town Board, the Planning Board, the Zoning Board of A the Planning Department, the Building Department and/or the Zoning Enforceme " ,, f i regard to enforcement of this Chapter, the Town Board shall make a determin n as t . appropriate agency in any given case. ARTICLE IV RESIDENTIAL DISTRICT REGULATIONS § 210-14. Residence, Single Family 4 Acr A) District Purpose. This district is m i Town by promoting a balance of open consistent with natural resource cons " and farm, recreational, and other land -e '71@0N� B) Permitted uses shall be a follows (Note: approval by the Pj'ann. g I c d: 1) *Cemeteries, $ubect to §10-62. 2) *Country clubs, suct��a I 'W 3) le -fame (R -4A) Dist = conserve the is d low -den: Family day'-8offiome, sbjct t%,§210-66. courses, sifflftt to it land areas within the family residential uses open space, agricultural which is subject to site plan 6) ' S. 7) *Pla f religiou orship, subject to §210-94. 8) *Playgr 9) *Public ut' structures, subject to §210-96. C) Special permit ed uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board: 1) Accessory apartments, subject to §210-47. 2) *Adaptive reuse of existing residential structure for non-residential use. 3) Agriculture excluding farm animals, subject to §210-50. 4) Agriculture including farm animals, subject to §210-51. 5) *Bed -and -breakfast, subject to §210-55. 6) *Day-care center, subject to §210-66. Page 32 Zoning Law Public Review Draft August 22, 2007 7) *Fraternal clubs, subject to §210-65. 8) Home occupations, subject to §210-74. 9) *Kennels, subject to §210-78. 10) *Nursery school, subject to §210-66. 11) *Recreational clubs, subject to §210-65. 12) *Recreation, outdoor, subject to §210-98. 13) School-age child-care facility, subject to §210-66. 14) *Swimming pools (public), subject to §210-108. D) Accessory uses shall be as follows: 1) Accessory buildings and structures, subject to §210-49,'4"`-' 2) Swimming pool (private), subject to §210-107 3) Temporary buildings for construction purposes, subject to §210- 4) Tennis court (private), subject. E) The area and bulk regulations for the R -4A districtahall be a`s follo` Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Area Width Front'Yard 'ard Yard Yard �', Coverage Impervious Height (acres) (feet) (feet)evgz,e) (feet) (%) Surface (feet) (%) 4 200 100 lip 76 4% 12% 35 feet or 2.5 stories 1) An applican, or a majorsubdivision involving a parcel or parcels of 25 acres or greater in size shall,;,he time a i .application for preliminary subdivision approval is submitted, include coii�e�tual l out of a cluslr 'subdivision plan in accordance with the requirements for aluste subdivision as set forth in Chapter 177. 2) Fr subdivi,of previously .undeveloped property abutting property developed �ur residerilal use s lf:include a one hundred (100) foot setback from the adjoining 'S residential property. ThWssetback shall be landscaped to a depth of not less than twenty - .five (25) feet in location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning f .: Board. The Planning Board shall use its discretion to establish appropriate landscaping an"etbacks for re -development projects involving the conversion or the rehabilitation of existin Atructures'` and previously disturbed land areas. Roads, pathways, and sideways providing access through the buffer are permitted. The setback area shall be permanently, -preserved by recorded deed instrument in a form approved by the Town Attorney, and"which shall provide for Town enforcement of said restriction. F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R -4A District. The Planning Board shall use its discretion as to the applicability of these guidelines to re -development projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas: 1) All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service. 2) For uses involving an Adaptive Reuse conversion of a residential structure to non - Page 33 Zoning Law Public Review Draft August 22, 2007 residential use the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the non- residential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. 3) Encourage the use of farmstead design for major subdivisions. 4) Residential development adjacent to a Center, Business, ,` mmercial District shall provide pedestrian links to said adjacent district(s). req'ired by the Planning Board sidewalks shall be separated from a street by a "„ awn at least five (5) feet in width and the sidewalks shall also be at least 11,(5 in width. In approving sidewalks the Planning Board shall ensure that ecorderument sets forth the responsibility of the applicant and the future a of the r maintenance and repair of the new sidewalks and landscapin rnatively th ning Board may request that the Town Board establish a Bial district for thepure sidewalk and landscaping maintenance and repair. 5) Encourage the inclusion of recreational an is ruses as part..4 a residential development project. 6) Require that adequate water" ly, sewage disp nd transportation infrastructure be provided. 7) Require the use of cluster subdivisio a unless the er subdivision fails to meet the "Cluster Preference Criteria" 8) Require the use of through -roads wi :knew subdisions and prohibit the use of cul-de- sac roads within"' �subdivisions is the Planning Board finds that such cul-de-sac road is necessary to protect the public health and safety. 4 9) To the extent practicabl existing tree roves hedgerows, stone walls, mature landscaping, natural buffers, and sin0 , features shallte retained in the development of any new use or thy, ansion`ofnq exista,t s 1Qe "' ract, 'd - new streets shall be designed to minimize tree clearing and changes to topohy. , se number of treet par. ng spaces provided shall be the minimum necessary to uately serve' intended use. 12) Neve''' 'ldings adj nt to historic structures and historic districts shall be designed in a mann nsisten N ith the general architectural features of such historic features in terms o m rials, fenestration, and roof shape. 13) Off-street png lots and loading areas shall be screened from adjacent properties by landscapin -or fencing. § 210-15. Residence, Single Family 2 Acre (R -2A). A) Purpose. This district is intended to conserve natural and open space adjacent to the more densely developed residential neighborhoods within the Town by promoting a balance of open space and low to moderate -density, single-family residential uses consistent with the availability of support infrastructure and natural resource constraints. Conservation of natural land and its integration within a system of contiguous open space is a primary objective. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan Page 34 Zoning Law Public Review Draft August 22, 2007 approval by the Planning Board: 1) *Cemeteries, subject to §210-62. 2) *Country clubs, subject to §210-65. 3) Dwelling, single-family. 4) Family day-care home, subject to §210-66. 5) *Golf courses, subject to §210-73. 6) *Parks. 7) *Places of religious worship, subject to §210-94. 8) *Playgrounds. 9) *Public utility structures, subject to §210-96. C) Special permitted uses shall be as follows (Note: plan approval by the Planning Board: 1) Accessory apartments, subject to §2101-47,, .. 2) *Adaptive reuse of existing residential 10111 2) 3) Agriculture excluding farm animals, subject to 4) Agriculture including farm animals, subject to §2 5) *Bed -and -breakfast, subject to §213-.555. 6) *Day-care center, subject to §210-616. 7) *Fraternal clubs, subject to §210-65." 8) Home occupation, subject to §210 74 9) *Kennels,,subject to §21.0-78. 10 *Nurse h ry school,L, subject to §210-66. 11) *Recreational clubs, subject to^ §210-65 n5 ,'subject to §210 - School -age child�bare facility, subject to §210-66. ,"Swimming pools (}iublic), subject to §210-108. D) Accesso ;uses shall be"' As follows: a us `*�"Ii,ph is subject to site 1) Accessory buildings and structures, subject to §210-48. 2) Swimmingoat, '�(private), subject to §210-107. 3) Temporary buildings for construction purposes, subject to §210-109. 4) Tennis court (private), subject to §210-111. E) The area and bulk regulations for the R -2A district shall be as follows: use. Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Area Width Front Yard Yard Yard Coverage Impervious (acres) (feet) (feet) (feet) (feet) N) Surface (%) 2 125 65 40 55 5% 15% Maximum Height (feet) 35 feet or 2.5 stories Page 35 Zoning Law Public Review Draft August 22, 2007 1) An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177. 2) For a major subdivision of previously undeveloped property abutting property developed for residential use shall include a one hundred (100) foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than twenty- five (25) feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for re -development projects involving the conversion' or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permittee,., The setback area shall be permanently preserved by recorded deed instrument 'in a orm approved by the Town Attorney, and which shall provide for Town enforcement of said restriction. F) Design standards. The following guidelines shall b� applied during` the site plan and subdivision review of any new development project involving undeveloped;"land in the R -2A District. The Planning Board shall use it n discretioas to the applicability of these X guidelines to re -development projects involvm the conversion or the rehabilitation of existing structures and previously disturbed land areas*.V 1) All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, Wither initially or at1he time major improvements or upgrades are made to the streetbr` ' t rticular service �, 2) The use of through -roads conne ons a adjacent M0,000 District is prohibited. Pedestrian and bicycle pathway onnectW an ,.adjacent R-20,000 District are encouraged.54, ` 3) Residential developh%, i ",adjacent to a enter, Hamlet, Business, or Commercial District shall proud pedestril ;.links to sai adjacent district(s). When required by the Planning �l3 4 idewal ="' , shall be separa ss from a street by a tree lawn at least five (5) feet in width ani he si ealk§ shall also at least five (5) feet in width. 4) For "uses involvirig Adaptrcfi a conversion of a residential structure to non- residentialzse the abasing Boar is hereby expressly authorized to require such additional fii4 side art fear yard setbacks as may be required to ensure that the non- Vt residential use does notere with the quiet enjoyment of adjoining residential properties. The additional 96 `back area, as well as the minimum yard setback area, shall be ,planted with a' mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. 5) Require that adequate water supply, sewage disposal and transportation infrastructure be provided 6) Require the use of cluster subdivision design unless the cluster subdivision fails to meet the "Cluster Preference Criteria". 7) To the extent practicable existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use. 8) To the extent practicable new streets shall be designed to minimize tree clearing and changes to existing topography. 9) The number of off-street parking spaces provided shall be the minimum necessary to Page 36 Zoning Law Public Review Draft August 22, 2007 adequately serve the intended use. 10) New buildings adjacent to historic structures and historic districts shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape. § 210-15A. Residence, Single Family 1.5 Acre (R -1.5A). A) Purpose. This district is intended to conserve natural and open space adjacent to the more densely developed residential neighborhoods within the Town by promoting a balance of open space and moderate -density, single-family residential uses consistent with the availability of 0 support infrastructure and natural resource constraints. Cons„_ " ion of natural land and its integration within a system of contiguous open space is a „ ary objective. B) Permitted uses shall be as follows (Note: "*' designates approval by the Planning Board: 1) *Cemeteries, subject to §210-62. 21 2) *Country clubs, subject to §210-65. Dwelling, single-family. Family day-care home, subject to §210-66. *Golf courses, subject to §210 *Places of religious worship, subj *Playgrounds. *Public utility C) Special plan ap 1) Acc 5) 6) 7) 8) 9) *Nursery ect to §210-65. subject to site plan "*" designates a use which is subject to site subject to §210-50. subject to §210-51. ect to §210-74. subject to §210-66. 10) *Recreational clubs, subject to §210-65. 11) *Recreation, outdoor, subject to §210-98. 12) School-age child-care facility, subject to §210-66. 13) *Swimming pools (public), subject to §210-108. D) Accessory uses shall be as follows: 1) Accessory buildings and structures, subject to §210-48. 2) Swimming pools (private), subject to §210-107. Page 37 Zoning Law Public Review Draft August 22, 2007 3) Temporary buildings for construction purposes, subject to §210-109. 4) Tennis court (private), subject to §210-111. E) The area and bulk regulations for the R -1.5A district shall be as follows: Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Area Width Front Yard Yard Yard Coverage Impervious Height (acres) (feet) (feet) (feet) (feet) (%) Surface (feet) (%) 1%(1.5) 100 55 30 45 1) An applicant for a major subdivision involving a parc size shall, at the time an application for prelimin include a conceptual layout of a cluster su vl requirements for a cluster subdivision as set fC] 2) For a major subdivision of previously un , oped pro for residential use shall include a on ed (10h residential property. The setback sha be Icape five (25) feet in a location as approved by th consist of a mixture of evergreen and deciduous 1 Board. The Planning Board shall use its discretio and setbacks for re-developmel p is involving th existing structures and previl bed land sidewalks providing access throw the per permanently preserved by recor le " �� dee J 4ent Attorney, and ww ' hall provide forap enforce a 5% 15% 35 feet or 2.5 Ak stories of 25 acres or greater in L approval is submitted, k.accordance with the Lpter 177. arty abutting erty developed foot setback fr adjoining N depth of not le , � 'than twenty - Vg oard. The landscaping shall igs as approved by the Planning stablish appropriate landscaping version or the rehabilitation of Roads, pathways, and ,it The setback area shall be p a form approved by the Town of said restriction. F) Design standar, Thi . , wing guidenes shall be applied during the site plan and subdivision r `" " , of any n : ",,development�roject involving undeveloped land in the R 1.5A District. The P ing Bsd shall use A's -discretion as to the applicability of these guidelines to re- ects involVing the conversion or the rehabilitation of existing structures ari o and areas: 1) .All str6a'&'144W be d to permit the installation of electric, water, sewer, gas and other utilities undergr either initially or at the time major improvements or upgrades are me o the or the particular service. 2) Th use of throuroads connections to any adjacent R-20,000 District is prohibited. Pestrian and bcle pathways connecting to an adjacent R-20,000 District are 3) ResideW id',VAev lopment adjacent to a Center, Business, or Commercial District shall provide pee' Irian links to said adjacent district(s). When required by the Planning Board sidewalks shall be separated from a street by a tree lawn at least five (5) feet in width and the sidewalks shall also be at least five (5) feet in width. 4) For uses involving an Adaptive Reuse conversion of a residential structure to non- residential use the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the non- residential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. Page 38 Zoning Law Public Review Draft August 22, 2007 5) Require that adequate water supply, sewage disposal and transportation infrastructure be provided. 6) Require the use of cluster subdivision design unless the cluster subdivision fails to meet the "Cluster Preference Criteria". 7) To the extent practicable existing tree rows, hedgerows, stone walls, mature landscaping, natural buffers, and similar features shall be retained in the development of any new use or the expansion of any existing use. 8) To the extent practicable new streets shall be designed to minimize tree clearing and changes to existing topography. 9) The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use. 10) New buildings adjacent to historic structures and ha boric c'O.Acts shall be designed in a manner consistent with the general architectural filatures of such historic features in terms of form, materials, fenestration, and roof shape. § 210-16. Residence, Single Family 20,000 square_foot A) Purpose. This district recognizes and is intend6fato residential development pattern within the Town's est �. t continuing opportunity for singlefamily residential " s uses within these neighborhoods do"tent with their undeveloped land within this distric sWai able for m preservation techniques such as clusterillIM.,homes is to existing open space areas. p B) Permitted uses shall be follows (Note nate approval by the PIA. Bard: 1) *Cemetern no trema ilium, subject t6'4210-62. 2) *Country club y sect t� 210 65. 3) Dwelling, single to §210-66. *Golf courses, s—ub ect to 7) useums. 10) *Playgrounds: 11) *Public utility structures, subject to §210-96. 12) *Schools. 'rte, the principally single-family ahed neighborhoods by promoting smaller -scale community facility :blished character. To the extent subdivision, the use of open space uraea in order to establish links which is subject to site plan C) Special permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval): 1) Agriculture excluding farm animals, subject to §210-50. 2) Agriculture including farm animals, subject to §210-51. 3) *Bed -and -breakfast, subject to §210-55. Page 39 Zoning Law Public Review Draft August 22, 2007 4) *Day-care center, subject to §210-66. 5) *Fraternal clubs, subject to §210-65. 6) Home occupations, subject to §210-74. 7) *Kennels, subject to §210-78. 8) *Nursery school, subject to §210-66. 9) *Nursing homes and alternate care housing, subject to §210-91. 10) *Recreational clubs, subject to §210-65. *Recreation, outdoor, subject to §210-98. 12) *School-age child-care facility, subject to §210-66. 13) *Swimming pools (public), subject to §210-108. D) Accessory uses shall be as follows: Accessory buildings and structures, subject Swimming pool (private), subject to §2lkQ Temporary buildings for construction purp( Tennis court (private), subject to §210-111. E) The area and bulk regulations for Minimum Lot Area (sq. ft.) Maximum Height (feet) 35 feet or 2.5 stories ivn" g a parcel or parcels of 25 acres or greater in for preliminary subdivision approval is submitted, luster subdivision plan in accordance with the as set forth in Chapter 177. or a major sub" ' " "ion of previously undeveloped property abutting property developed residential us all include a one hundred (100) foot setback from the adjoining red 'h tial proper The setback shall be landscaped to a depth of not less than twenty- five " feet in a ation as approved by the Planning Board. The landscaping shall consis : mixt of evergreen and deciduous plantings as approved by the Planning Board. ing Board shall use its discretion to establish appropriate landscaping and setbac r re -development projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction. F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the R- 20,000 District. The Planning Board shall use its discretion as to the applicability of these guidelines to re -development projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas: 1) Require that adequate water supply, sewage disposal and transportation infrastructure Page 40 Zoning Law Public Review Draft August 22, 2007 be provided. 2) Require the use of cluster subdivision design unless the cluster subdivision fails to meet the "Cluster Preference Criteria". 3) Sidewalks of at least five (5) feet in width shall be provided along any street and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five (5) feet in width. In approving sidewalks the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively the Planning Board may request that the Top;Boa.rd establish a special district for the purpose of sidewalk and landscaping maintsnance�and repair. 4) All streets shall be designed to permit the installationf�e�' -otric, water, sewer, gas and other utilities underground, either initially or ape tirar. major improvements or upgrades are made to the street or the particular service. 5) Require the use of through -roads within new sub\dions and pro -ibit the use of cul-de- sac roads within new subdivisions unless,09 9 Planning Board finds Q such cul-de-sac road is necessary to protect the public hea�nd safety._ 6) The adaptive reuse of structures shall be peened azo si the character of the existing neighborhood.`'' z 7) The development of public parks athletic facilities zxc density uses that require large "age is be encourag z, 8) To the extent practicable existing natural ; natural buffers, and similar features shall be r," ed in or the expansion of any existing use 3` 9) The numberof�off s r§et parking spaces provi le 5hal adequatelyA§ ve the i ded use. 10) On streef pa`r 11) Off-street park: sheds mall: be Where Reims of form, : vk 13) Nem in fill b ante :.,of the § 210-17. a way so a§(o complement amenities and other low - walls, mature landscaping, development of any new use be the minimum necessary to shall discouraged with;non-residential uses. accessory use structures or storage other than and streets utilizing appropriate vegetation new budin.g's adjacent to existing structures shall be designed in a with the general architectural features of such existing structures in rials, an' fenestration and roof shape. in shall be located in line with existing buildings to maintain the building setback line of the street. (R -M) District. A) Purpose. The- district recognizes established areas of higher -density multi -family development and is intended to promote low to mid -rise multi -unit residential development in those locations. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Dwelling, multifamily. 2) *Dwelling, two-family. 3) Dwelling, single-family. Page 41 Zoning Law Public Review Draft August 22, 2007 4) Family day-care home, subject to §210-66. 5) *Hospitals. 6) *Nursing homes and alternate care housing, subject to §210-91. 7) *Parks. 8) *Playgrounds. 9) *Public utility structures, subject to §210-96. Q Special permitted uses shall be as follows (Note: "*" designates a us plan approval by the Planning Board: „F;'. 1) Agriculture excluding farm animals, subject to §210-50 2 Agriculture including farm animals, subject to 210- 3) *Day-care center, subject to §210-66. All 4) Home occupations, subject to §210-74. Q 5) *Nursery school, subject to §210-66. 6) School-age child-care facility, subject to §2IN 7) *Swimming pools (public), subject to §210-108 which is subject to site Tll Accessory uses shall be as follows ote: ""designates 1uee which is subject to site plan E) The area -i", r lk re s for the district shall be as follows: M% Use iV&mum Minimum Q limum Minimum Maximum Maximum Maximum Minimum LoI'Area Lot Width Wyard Rear Yard Lot Impervious Heighth Landscaped (aq ft, (feet) WK d,e yam, (feet) Coverage Surface (%) Area (%) Side (feet) NO Single- 10,000 85 3 JI 10 and lOc 50 25% 40% 35 feet or 20% family 2.5 stories Two- 'ID 10,000 85 80b 10 and 10 50 25% 40% 35 feet or 25% family 2.5 stories Multi- 7,260/ 200 - i# 30b 20 and 20 40 25% 40% 40 feet or 3 35%9 familya dwelling stories unit aDistance between buildings. For multifamily dwellings in more than one structure, the distance between a main building and a one-story accessory building shall not be less than 20 feet; the distance between any two other buildings shall be equal to the average height of such buildings at the points where they are nearest one another. bFront yard exceptions. In an area where the average existing front yard setback is less than 30 feet, a single-family dwelling or multifamily structure may be erected less than 30 feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 200 feet on each side of the lot. Page 42 Zoning Law Public Review Draft August 22, 2007 cSide yard exceptions. In the case of a single-family dwelling erected without a garage, one side yard shall not be less than 25 feet wide. The applicant shall decide which side yard shall have the required dimension. dParking. In the case of multifamily dwelling(s), no required parking facilities shall be located within 30 feet of any street line or within 20 feet of any property line. eYard requirements for buildings other than dwellings. In the case of all buildings other than dwellings and accessory buildings, the yard requirements shall be not less than 50 feet except where otherwise stated in Article VIII, Supplementary Regulations. gMinimum landscaped area. At least 35% of the lot area of a multifamily development shall be covered by landscaping in compliance with §210-80, "Landscaping". hHeight requirements for buildings other than dwellings. In the case of all accessory buildings, the maximum height shall not exceed 40 feet or three stories. 1) Development of previously undeveloped property residential use shall include a fifty (50) foot set! property. The setback shall be landscaped to 41, el feet in a location as approved by the Planning" "oars mixture of evergreen and deciduous plantings as ap Planning Board shall use its discretion tact i tablish a for re -development projects involving the lttifiversii structures and previously disturbed land a"' providing access through the buffer areper", it permanently preserved by recorded deed instrumc Attorney, and which shall provide for. Town enforcem F) Design standards. The following guidelines, shall be subdivision review of any new development project invi District. The Planning Board shall se its'' discretit guidelines to re -development projects involving the ;i' existing structures and previously disturbed land areas: dwellings and ibuth" ,, property developed for k froni�adjoining residential of not less than twenty-five (25) The landsc shall consist of a :)ved by the Pj g Board. The opriate landsca' and setbacks the rehabihta�n of existing 'roads, pathways, and sidewalks 1. The setback area shall be i7said form approved by the Town restriction. sf''during the site plan and undeveloped land in the R -M to the applicability of these Sion or the rehabilitation of 1) Sidewalks=of not less than five (5) feet in width shall be provided along any street and shall, where practicable,, lmk with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn not less than fi in width` In approving; sidewalks the Planning Board shall ensure that a ecor a ent sets forth the responsibility of the applicant and the future owners of the lots maintenance and repair of the new sidewalks and landscaping. Alternatively t 'fanning Board may request that the Town Board establish a special trict for the p e of sidewalk and landscaping maintenance and repair. 2) .eet parking ,ould be located at the side or rear of buildings. 3) The oration `small, landscaped, front yards is encouraged. 4) The cons f any blank, windowless facade facing a corridor that provides frontage for the lot o hich the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 5) The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use. 6) Cross -easements should be used to provide shared access to parking and driveways whenever possible. 7) Off-street parking lot and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing. Page 43 Zoning Law Public Review Draft August 22, 2007 § 210-18. Residence, New Hamburg (R -NH) District. A) Purpose. The purpose of this district is to maintain and preserve the traditional mixture of residential, business and water -related uses in the hamlet and to preserve the historic character of structures and uses. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Boat and marine sales, subject to §210-56. 2) Dwelling, single-family. 3) *Dwelling, two family 4) Family day-care home, subject to §210-66. 5) *Marina, subject to §210-82. 6) *Museums. 9) *Personal service business, not including laun 10) *Places of religious worship, subject to §210-94. 11) *Playgrounds. 12) *Water -dependent, waterfront r ` cilit Q Special permitted uses shall be as foll plan approval by the Planning Board: D) Accessory uses boat or yacht clubs. use which is subject to site for non-residential use. ware store or similar facility providing goods primarily to 1) Accessory buildings and structures, subject to §210-48. 2) Swimming pool (private), subject to §210-107. 3) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the R -NH district shall be as follows: Use Minimum Minimum Lot Minimum Minimum Minimum Maximum Maximum Maximum Lot Area Width Front Yarda Yard Side Rear Yard Lot Coverage Impervious Height (sq. ft.) (feet) (feet) (feet) (feet) (%) Surface (%) (feet) Page 44 Zoning Law Public Review Draft August 22, 2007 Single- 6,000 40 30a 5 and 10 30 25% 75% 35 feet or family, 2- 2.5 stories family and non- residential aFront yard exceptions. In an area where the average existing front yard setback is less than 30 feet, a structure may be erected less than 30 feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 200 feet on each side of the lot. § 210-19. Residence, Mobile Home (R -MH) District. A) Purpose. In order to achieve a balanced residential community; a variety of housing accommodations must be provided. This section provides for areas in which mobile homes are to be concentrated at a medium-high density. The R -MH M6116Home District is intended to be located in areas where community facilities and utilities, the t ansportation network and the availability of shopping and office facilities are appropriate to tie density. B) Special permitted uses shall be as follows (Note: "*" designal plan approval by the Planning Board: 1) *Nursery school, subject to §210-66. 2) *School-age child-care facility, subject to §210 66 ; 3) *Mobile home parks and mobile home park subdivisions C Accessoryuses shall be as follows "*" (Note R designates a us( approval by the Planning Board. , 1) *Accessory buildings and structures, sub�e o 1210-48. 4,110 2) *Bus passengerheltex. 3) *Recreation : ea for 4) *Swimmaflg 01, (pr: 5) Temporary builagi 6) *Tex> n3 s'court (privy D) The area and Minimum L Area (sq. ft.) Mobile home park and mobile home park subdivisions a use which.,is subject to site subject to §210-83 and §210-84. which is subject to site plan F t " ile home pai or mobile home park subdivision. ft rat",,,. subject to §210 107. , foil" vuction purposes, subject to §210-109. `.. V ubject'` o §21�i=111. tiolor the R -MH district shall be as follows: imum Minimum Minimum Side Minimum Minimum ntage _ i Front Yard Yard Rear Yard Development Lot eet) (feet) (feet) (feet) Line (feet) 15 15b 10 10 30 aSingle-wide mobile homes may be placed on lots of 5,000 square feet. bNo mobile home shall be placed within 15 feet of any access road. 1) Development of previously undeveloped property abutting property developed for residential use shall include a fifty (50) foot setback from the adjoining residential property. The setback shall be landscaped to a depth of not less than twenty-five (25) feet in a location as approved by the Planning Board. The landscaping shall consist of a mixture of evergreen and deciduous plantings as approved by the Planning Board. The Planning Board shall use its discretion to establish appropriate landscaping and setbacks for re -development projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be Page 45 Zoning Law Public Review Draft August 22, 2007 permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction. § 210-20. Reserved § 210-21. Reserved ARTICLE V TOWN CENTERS § 210-22. Arlington Town Center (ATC) Districts. A) District Purpose. The district recognizes the Arling and business land uses in close proximity to Vas single family, two-family, and multi -family de pt scale service and retail businesses within lv land uses is permitted; nonresidential use In addition, this district serves the following spe 1) Promote a mix of commercial and residential use 2) Promote the prominent positio xg of civic build- enhance uildenhance community identity an,ptlb z gj, teracti 3) Promote pedestrian activity througf`h a sAW v, 4) Minimize the visual impact of f e aaaomo screening/landsca,prig cif parking are !ea as a `''T lie blend of residential Land include established inclose proxi to neighborhood area. An aDDre i"ate,mixture of green spaces in order to managing the placement and 5) Create an interconnectec 'street system or both pedestrian and vehicular traffic. 6) Encourage the development of both on-street'parking and shared parking areas between nearby uses. "V", 7) PrQ Qrtant natural and'iisrir�e�atures. M OF7 neourag, • development and reuse of existing structures. w ermitted uses. ted used shall be as follows (Note: "*" designates a use which is sti to site plan a val by �he Planning Board: 1) *AW allery 2) *Ba ri'financ' ` "services. 3) *Bakery" 4) *Bed & Bre ast. 5) *Boutiques with or without goods processed or assembled on site, subject to §210-57. 6) *Delicatessen. 7) *Dwelling, two-family. 8) Dwelling, single-family. 9) *Family day-care home, subject to §210-66. 10) *Laundry, Laundromat. 11) *Libraries. Page 46 Zoning Law Public Review Draft August 22, 2007 12) *Museums. 13) *Office. 14) *Personal service business, no drive-in or drive-thru 15) *Places of religious worship, subject to §210-94. 16) *Retail business, no drive-in or drive-thru. 17) *Service business, no drive-in or drive-thru. 18) *Restaurants, no drive-in or drive-thru. 19) *Supermarket. 20) *Theater. C) Special permitted uses. Special permitted uses shall be as follows (Note: ""designates a use which is subject to site plan approval by the Planning Board: 1) Accessory apartment within a single-family dwelling, subject to §210-47; Mll M 2) *Adaptive reuse of existing residential structure for non-residential us - 3) *Bed -and -breakfast, subject to §210-55. "k ; 4) *Clinics. 5) *Day-care center, subject to §210-66.� 6) *Funeral home, subject to §210-71 7) Home occupations, subject to §210,74. 8) *Hotel, motel, subject to §210-75 9) *Inn, subject 0`1210'.7 3 10) *Multi fa dwellin ^new construction and mixed residential and non-residential uses witmm" inti -story 3 �uctures as pa o£ -a unified development on a single lot. See special rulese, f , the rehabilitatkon and reuse of existing, legal multi -family structures for mu'' " ' use ' ,:; mily 1 12j *Nursery school, subject lbs 10-66. ;, �, 1411,�Outdoor restaurant dining area. 14) Sc Q��l, age child-care,` facility, subject to §210-66. D) Accessory uses shall b . s follows: 1) Accessory bu3ldmgs and structures, subject to §210-48. 2) Swimming pool (private), subject to §210-107. 3) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the ATC district shall be as follows: Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Area (sq. ft.) Width (feet) Front Yarda Yard (feet) Yard (feet) Coverage (%) Impervious Height (feet) (feet) Surface (%) Page 47 Zoning Law Public Review Draft August 22, 2007 5,000 30 5 0 20 60% 95% 45 feet or 3 stories over 45 feet or three stories up to75 feet or 5 stories by special use permit aFront yard exceptions. In an area where the average existing front yard setback for structures along the street is less than 5 feet, a structure may be erected less than 5 feet from the street line, provided that no building or part thereof shall be erected nearer to any street line than the average alignment of existing buildings within 20.0 feet on each side of the lot. 1) On a lot no single retail use shall occupy ground floor spab&ln excess of 8,000 square feet. The continuous ground level frontage of a single commerciklise building in excess of 40 feet in length along any frontage exposed to a str public Space or parking area and ground level commercial uses larger than 4,OOr square feet all be contained in a mixed-use structure or be architecturally designed to appear as a , etscape composed of a variety of small buildings that helps,',"t further prevent the visual dominance or appearance of a single, large commercial us 2) Maximum residential dwelling unit density. 'Residentia1 density shall not exceed six (6) dwelling units per acre. Notwithstanding, a resu tial density of up to eight (8) units per acre may be constructed subject to special permit approval by the Planning Board. In addition, residential dwelli is located immediately above a ground floor, second floor, or third floor non resid shall not be counted against the maximum residential dwelling unit densit" ' ro "< a building meets applicable coverage and open space requirements, sufficien arkin, , residential uses is provided, and open space is set aside for the dwelling us ash rove ein. 3) Ingress and etre' . ations for in ss and egress to a lot shall be approved by the Planning Bo rd and be so arrant d as to connect with existing state, county or Town highvtTs? , or to a i roposed Town i way that has been approved by the Town Board. 4) The ::rehabilitatio' re : "' h� g multi -family structures for multi -family use shah"be exein t from rea and regulations of the ATC District and the minimum parking req ments is Chapter, and shall be exempt from special permit review and site plan`iivtew Chapter, and the maximum residential dwelling unit Qdensity may be ai7,1' gh as tve (12) units per acre, provided: s} The multi farm use and/or structure is legally conforming or legally non -conforming a�'"Of the date oidoption of this Chapter; and b) The rehabilitation does not involve an expansion of the existing building so as to increase its <fl oor area or that of any accessory structures on the property; and c) No dwelling unit within the multi -family structure shall contain more than two bedrooms. d) No dwelling unit is less than 600 gross square feet. F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the ATC District. The Planning Board shall use its discretion as to the applicability of these guidelines to an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. Page 48 Zoning Law Public Review Draft August 22, 2007 1) The Planning Board is empowered to require a mix of uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented. In considering a mixed residential and non-residential development proposed for a single lot or as part of a unified development Off —street parking at the side and rear of buildings only. Utilize cross -easements to provide shared access to parking whenever possible. Buildings located close to the street with a consistent setback between adjoining buildings. Small, landscaped front yard encouraged. on several lots, the Planning Board shall ensure that'the percentage of floor area devoted to residential uses t 't not, generally," .exceed eighty percent of the total floor area of a proposed developmentA� 2) Single story buildings are prohibited. Two or three-story buildings are required for all residential and business use structures throughout the entire ATC District. Larger -scale 0646 e"; nfereh spaces, theaters; "supermarkets or department stores, for example) G kind smaller scale buildings or storefronts with pedestrian orientation. The establishm of mixed use,'>multi-story dwellings is the preferred form of use. w or in -fill co =,`' uction shall be designed so as to be compatible with the general cter of builds on the street frontage. The setback, height, bulk, gable and pitch of roo�'*se of porch shutters and other exterior design elements should result in an overs ign tha ' mplements the existing character of the streetscape. 5) Setbacks '' ; dscaping for non-residential and mixed use developments shall be subject tot equjrements of §210-152(A)(2) of this Chapter. 6) Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times. 7) Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. The screening should be a plant species that is a minimum of three feet high and a maximum of six feet high, and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility lines. Page 49 Zoning Law Public Review Draft August 22, 2007 8) For uses involving an Adaptive Reuse conversion of a residential structure to non- residential use the Planning Board is hereby expressly authorized to require such additional front, side and rear yard setbacks as may be required to ensure that the non- residential use does not interfere with the quiet enjoyment of adjoining residential properties. The additional setback area, as well as the minimum yard setback area, shall be planted with a mixture of evergreen and deciduous plantings at a height so as to adequately screen the parking area from neighboring properties and streets. The species type, location and planted height of such landscaping shall be subject to the approval of the Planning Board. Character of 2nd Floor Windows Mixed-use, multi -story buildings preferred. irs on all public ed as a desi element of all new and re -developed streets. ded and all str , rees should be tolerant of urban condition, ted wit now removal. Mulched tree wells should be o r protection and moisture retention. Property onsibility 'mor planting and maintaining trees along street 's right-of-way. The sidewalks shall be not less than five (5) ;on end shall be separated from the street by a tree lawn at In roving sidewalks the Planning Board shall ensure that a is frth the responsibility of the applicant and the future owners tenance and repair of the new sidewalks and landscaping. ling Board may request that the Town Board establish a special of sidewalk and landscaping maintenance and repair. 10) The PlannM oard may waive height and setback requirements for designated historic civic buildings, including government buildings, churches, schools, or libraries. 11) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 12) Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and fagade variations and other architectural features can disguise the flatness of the roof. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entry way or tower element to break the horizontal fagade. 13) Any large building fagade and the sides visible from the street corridor should Page 50 Zoning Law Public Review Draft August 22, 2007 incorporate changes in plane and architectural features that give the appearance of several common -wall buildings. 14) The utilization of ribbon or continuous strip glazing in any building facade is prohibited. 15) The number of off-street parking spaces provided shall be the minimum necessary to adequately serve the intended use. In order to facilitate fewer curb cuts, shared driveways should be used for access to parking lots behind buildings. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on -street parking provided the street width is adequate to safely accommodate on stre parking. Service alleys should access practicable, off-street parking spaces for residential uses. XT. Use landscaping — such as hedges, shrubs, or low walls of stone, brick, wood, wrought iron, or an acceptable substitute — to screen parking and create an edge along the sidewalk. 16) Off-street""" lots loading areas, accessory use structures or storage other than sheds shall be s ned, bm walkways anc streets utilizing vegetation and/or fencing. m 1 �al,rear area lanes" i bind be used for access to garages and parking lots Where pract cnew nildings adjacent to existing structures shall be designed in a %�e r consist', '" 'th theeneral architectural features of such existing structures in of form, in als, and fenestration and roof shape. 9) in -fill buil gs shall be located in line with existing buildings to maintain the nte f the ex' g building setback line of the street. 20) Subject to oard approval new streets should connect to existing streets and use a block systei' ' avoid dead -ends whenever practicable. 21) Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least seven feet between the seating area and the curb are maintained free for sidewalk passage. 22) A retail business may be permitted to have a temporary sidewalk display of store merchandise of up to 25% of its sidewalk frontage. 23) Streetlights and other lighting shall not exceed 15 feet in height. Lighting shall be metal halide or other full spectrum fixture and should avoid illumination above the horizontal level into the night sky. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines. Page 51 Zoning Law Public Review Draft August 22, 2007 24) Where allowed drive-in and drive-thru windows, lanes and facilities shall be located to the rear of the principal building(s). 25) The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in the parking requirement of up to 50% for two or more principal buildings or uses, either on the same, adjacent, or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments (offset peak parking demand). There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence a principal use. 26) Loading and delivery areas may be shared between nearb es, and shall be determined by the Planning Board on a case-by-case basis. § 210-23. South Hills Center (SHC) District. A) District Purpose. This district defines the area a e Route 9 kn' ' ' s the South Hills Mall. This site has been developed for com ial use since the 1970' d the following regulations are intended to support the ercial redevelopment of rategically located property. This district serves the fo o ecifi ` ,, poses: 1) Promote a mix of business and commercial use t: 2) Promote pedestrian activity through a safe and connections to existing adjacent: id, ntial neighborh ., !, 3) Minimize the visual impact of obile by screening/landscaping of parking areas. 4) Create an interconnected street sys"tki th pez story buildings. environment and establish the placement and and vehicular traffic. 5) Encourage the development of both ontreet parking and shared parking areas between nearby uses.; -�; B) Permitted uses. Vi emitted i ses shall be asp dTlows (Note: "*" designates a use which is '0 subject to site plan approvaY by 11e fiannin -Board: W:.�� sancial services. k0 M� *Bakery, ref olesdIa" K* usiness park, "ect to §210-60. 4)$ tiques with o '*thou goods processed or assembled on site, subject to §210-57. 6) *Delica 7) *Health clu 8) *Indoor recreation. 9) *Office. 10) *Personal service business, no drive-in or drive-thru. 11) *Retail business, no drive-in or drive-thru. 12) *Restaurants, no drive-in or drive-thru. 13) *Service business, no drive-in or drive-thru. 14) *Shopping center. Page 52 Zoning Law Public Review Draft August 22, 2007 15) *Supermarket. 16) *Theater. C) Special permitted uses. Special permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board: 1) *Clinics. 2) *Day-care center, subject to §210-66. 3) *Hotel, motel, subject to §210-75. 4) *Inn, subject to §210-77. 5) *Motor vehicle accessory sales. 6) *Motor vehicle repair facility. 7) *Outdoor restaurant dining area. 8) *Personal service business, with drive-in or 9) *Retail business, with drive-in or 10) *Restaurants, with drive-in or drive-thru. 11) *Service business, with drive-in or drive-thru. D) Accessory uses shall be as 1) Accessory buildings and structures, s7 2) Temporary buildings for construcon 1 E) The area and bulk regulations for the 5, OMS Minimum Lot Minimum I.0, Minibi t'. Minimum Side' Area (sq. ft.) Width : Front Yard' Yard (feet) (feet) to §210-48. W subject to §210-109. W t s s follows: m Rear Maximum Lot Maximum Maximum Height (feet) Coverage (%) Impervious (feet) Surface (%) 3) Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board. 4) Unless approved by the Planning Board, parking shall be located to the side or to the read of principal structures. 5) A landscaped setback of not less than 30 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non- residential and mixed use developments shall be subject to the requirements of §210 - Page 53 Zoning Law Public Review Draft August 22, 2007 152(A)(2) of this Chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the SHC District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. : 1) The Planning Board is empowered to require a mix of busizieJ, commercial uses in ; em owered to require that a any development project. Further, the Planning Board i development be phased to ensure the required mix of users implemented. 2) Two -and three story buildings designed to business uses are required for the entire SHC existing and proposed street lines with parla structures. 3) New or in -fill construction shall be de� so as character of buildings on the street fro tag - 11 setl roofs, use of porches, shutters and other a overall design that complements the existing ch E dam retail, office and service 'uildingsshall be located close to ;ed to the rear of the principal be compatible Qh„the general ,;" height, bulk, ga�a+e" and pitch of !n elements should result in an of the streetscape. 4) Shared parking facilities ar ouraged. The `1asnning Board shall ensure that appropriate cross easements fo ingress and g to shared parking facilities are filed with the county clerk a lopment play approval. Where appropriate the Planning Board may allow on- eet p ovidec"`tlie street width is adequate to safely accommodate on -street parka S. ce uld access practicable, off-street parking spaces fbfWsidential uses. 5) Shrubbery shall be noiaher than fo feet above existing street grades, nor shall any tree with ofage exten� below 10 t above the established street grades. All landscaping (treea shrulj, planted beds) " „ " 1 be maintained within 20 feet of any street intersection or Meet of dy/streetntersections. This restriction is for purposes of Vew or in= nstruet2on should be designed so as to be compatible with the general "n character ofJb gs on rtroet frontage. The setback, height, bulk, gable and pitch of hoofs, use of po ", shutters and other exterior design elements should result in an all design tha mplenients the existing character of the streetscape. 7) The,, ; . velopment ' ublic parks, commons, or small pedestrian plazas with amenities such riches a andscaping is encouraged. 8) The cons ".f any blank, windowless facade facing a corridor that provides frontage for the lot ich the building is located is prohibited. All facades that face a street, parking lots public area shall have windows. 9) The utilization of ribbon or continuous strip glazing in any building facade is prohibited. 10) The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements shall result in an overall design that complements the existing character of the streetscape. 11) Any large building fagade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common -wall buildings. 12) All streets shall be designed to permit the installation of electric, water, sewer, gas and Page 54 Zoning Law Public Review Draft August 22, 2007 other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service. 13) The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use. 14) Where practicable, service alleys for deliveries and utility access should be established along rear property lines. 15) Drive-in and drive-thru facilities shall be located rear of buildings and landscaping shall be used to reduce the visibility of such facilities. 16) Off-street parking lots and loading areas, accessory use strucW,,',es or storage other than sheds should be screened from walkways and streets zmg appropriate vegetation and/or fencing. s § 210-24. Crown Heights Center Overlay (CHCO) A) District Purpose. This overlay district defines priary �*velopment ardM xat is 1,760 feet in diameter with its center at the centerline of Rode 9, 200 feet south of Mh&arker 1114, and a secondary development area that is 2,200 fee in diameter from the samA ` line. The 11 overlay district is a supplement to the under "� onin stricts for the along State Route 9 known as Crown Heights which was deve n iricustrial, office; and retail uses for many decades. Many of these properties are "Im dilapidated, obsolete and blighted condition, and this overlay district is intended to encou the redevelopment of properties within the overlay for mixed residential and commercial in a traditional neighborhood district setting while encouraging the pb sing, out of the u ng B-H, 0-R, R -M district regulations as applied to propertied ,locat6a7a0ithin the ovist' ay district. The following regulations are intended to support the, redevelopment of theme properties located within the overlay district. This district serves to encourage the use` of the approval procedure of this section to achieve the following specific purposes: 5 k: 1) A mix of residential ancnon-residential uses in multi -story and some limited single story buildings de"sig' ed as an mte ated communit spanning both sides of Route 9. g I'll, g'r Y P g 2) Promote pedestr avity through a _.safe and walkable environment, encourage the d of parks sand greenspaces and establish connections to existing or future �acent tial neighborhoods and commercial developments. Minimize th ual impact -of the automobile by managing the placement and reening/lands 's „g of parking areas. 4) to an Interco cted street system for both pedestrian and vehicular traffic. 5) Enc I : e the de ' ' pment of both on -street parking and shared parking areas between 6) Establish`" able area which promotes development and redevelopment of vacant and obsolete bu'I' Ings the phasing out of less desirable uses. 7) Promote an adequate critical mass of employees, shoppers and residents within a five- to ten-minute walk of the CHCO District which encourages people to park and then walk because walking becomes more convenient than driving for short trips within the core. S) Promote a retail shopping and business environment that is not strip -retail oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines. 9) Surround the CHCO District with primarily residential neighborhoods developed in a Traditional Neighborhood Design where residents can conveniently walk in less than 10 minutes to the core, thus reducing vehicular trips in the Route 9 corridor for daily Page 55 Zoning Law Public Review Draft August 22, 2007 services and creating a neighborhood vibrancy found only in a walkable community, and facilitate interconnection with clustered residential development on adjoining residentially zoned lands at the perimeter of the CHCO District. 10) Provide public gathering spaces such as central greens and centerpiece civic buildings in prominent locations to promote community identity, public activities and programmed events such as fairs, festivals and cultural functions. 11) Provide for a diverse range of housing options within walkable proximity to employment, retail, services and community facilities including single-family, two-family homes, and multi -family such as attached townhouses, live/work units,, condominiums, lofts and apartments. 12) Preserve, enhance and incorporate natural and historic \atures in order to enhance a g - sense of place, greenway connections and natural edg con ons. B) Permitted principal and accessory uses within the CH Distx7� shall be as follows. All proposed CHCO development shall follow the procedures set forth""i section "C" below. All CHCO uses shall also require site plan revie andapproval by Manning Board in accordance with §210-150 of this Chapter, a subdivision review an approval by the Planning Board, if applicable, in accordance wat`h .Chapter 177: F� 1) Accessory apartments. 2) Accessory buildings and structures customary to the ermitted principal uses. 3) Art gallery. 4) Bakery, retail. 4 4 5) Band stands, skating rinks, minia - e go ing pool" 6) Bank or fmancia .. ces. 7) Bar, tavern. 8) 9) Bus pas sege shelter. Bowling alley 10) C]uuc�.:a,. Convenience s Gountry clubs. 14) Daaxe center. 15) Delicates enAl 16) Dwelling, '0 Emily. 17) Dwelling, single family, including attached and semi-detached units. 18) Dwelling, multi -family, including town homes, apartments, lofts, and condominiums. 19) Fraternal clubs. 20) Garage, commercial. 21) Golf courses. 22) Grocery store. 23) Home occupations. 24) Indoor recreation uses. Page 56 Zoning Law Public Review Draft August 22, 2007 C) 25) Inn. 26) Laundry, Laundromat, dry cleaner. 27) Libraries and civic uses. 28) Medical offices. 29) Museums. 30) Office. 31) Parks. 32) Parking lots. 33) Personal service business. 34) Places of religious worship. 35) Playgrounds. 36) Public utility structures. 40) Supermarket, grocery, not to 41) Temporary buildings for con: 42) Theaters, playhouses. 50,000 gross sq In order to encourage the orderly mixed use residential/commercial center Initial Determinations by the Town Board': In lieu of the procedures set forth in section 2 :_ her t)ie Planning Board; °or the Zoning Board of Appeals, or any other w,. ' minis agency; board, body, or officer of the Town of Poughkeepsie may receive, process, or ine applications for subdivision approval, site plan approval, special permit approva'�� use variances, area variances, aquatic resource permits, or any other hand use approvals dor property in the CHCO District without the prior determination by town Board u 'er this section that the subject matter of the proposed application or app technical coin with the stated CHCO District < ions is/arescompliance . p ' purposes, stateemitted ncipal and accessory uses within the CHCO District, and density require ' of;,: e CHCO District, as such purposes, uses, and density are set forth in subdivisio , and D of this section. This Town Board determination does not direct approval or., init or modify the authority otherwise existing under law for the receipt, processing and approval of any one or more applications by any boards, bodies and officers. This determination by the Town Board does not commit or direct any board, body, or officer of the Town to any course of future decisions. All obligations applicable under the New York State Environmental Quality Review Act (ECL Article 8 and the accompanying regulations in 6 NYCRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, board, body, or officer receiving, processing and determining applications for approvals. The determination by the Town Board described in this section is a Type II action pursuant to 6 NYCRR section 617.5 (28), to wit: engaging in review of any part of an application to determine compliance with technical requirements provided that no such determination entitles or permits a project sponsor to commence an action unless and until all requirements in Part 617 have been Page 57 Zoning Law Public Review Draft August 22, 2007 fulfilled, and, accordingly, such Town Board approval is not subject to review under Part 617. It is expected that the Town Board's determination of technical compliance will occur rapidly in order to allow the Planning Board to continue its review of the site plan and subdivision applications in order to avoid unnecessary delay. The Town Board shall issue its determination within sixty-two (62) days of receipt of an application for a CHCO development project. 2) The use, area and bulk requirements of the underlying zoning districts for property within the CHCO Overlay District are superseded by approvals granted pursuant to the terms of the CHCO District as set forth in this section. Upon the determination of the Town Board, as set forth in subsection (1) above, the Plang Board shall have the authority to receive and process an application for site pla, sion, special permit, and any other related approvals for a CHCO District velopment. Similarly, other agencies, boards, bodies, or officers may receive any a ns relating to other aspects of a CHCO District Development, in compliance aw. ocation of principal and accessory uses, the architectural design and hei t buil din a minimum area and bulk requirements, maximum lot coverage, in impervio I face coverage and other area and bulk requirements shall b eterm' ed and appr " by the Planning Board during site plan and subdivision r w. D) The area and bulk regulations and supplemeN'latiwo, r the CHCO &I trictshall be as follows: Minimum Land Area Required (acres) �'!X=' mum LMinimum Lot Depth (feet) 10 �, rg 400 1) The minimum lot area of the orig Dal pare be comps ed of one or more contiguous $. parcels of land owned by onemor owner x, rrded that the application for development masted", an and site Alai and suvision approvals is presented as a unified plan under "a each owner sail agree toparticipate in a common development scheme 2) The use of Traditionalleighborhood "Development design is required. A mix of commercial uses d/o e04ential and a6mmercial uses in all development projects is aximu use density. Within the CHCO District not less than twenty-five (25%) percent of ea ofal commercial space shall be non -retail uses such as offices, ervice and p al seryiB "`' business, health clubs, recreational uses, theatres, taurants, civi s, or ptier uses not principally devoted to sale of goods for removal the premise othing herein shall be construed to prevent the development of a grey amount of I n- retail commercial space than the minimum of twenty-five (25%) nerce " : all non- idential floor area within the CHC District. 4) On a lot a retail use shall occupy ground floor space in excess of 70,000 square feet. The c' uous ground level frontage of a single commercial use building in excess of 150 feet length along any frontage exposed to a street, public space or parking area and ground level commercial uses larger than 40,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use. 5) Maximum residential dwelling unit density. a) Within the primary development area residential density shall not exceed four (4) dwelling units per acre. Minimum parcel size is not specified. b) The land area within the secondary development area shall not be used to calculate additional residential density. The purpose of the secondary development area is to Page 58 Zoning Law Public Review Draft August 22, 2007 allow additional land area for the development of residential and non-residential uses that cannot practically be constructed within the primary development area while not providing for additional residential density based on the additional land area of the secondary development area. Notwithstanding, residential units that might otherwise be constructed on land adjoining the secondary development area that are located within the R -2A and the R-20,000 districts may be constructed within the secondary development area, provided such units are developed as part of an overall CHCO development plan. c) Changes to residential dwelling unit density within the CHCO District may only be approved by the Town Board and not by variance from the Zoning Board of Appeals. 6) Setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapex. 7) Buildings shall be located close to existing and pt'oposed street lines with parking oriented to the sides and rear of the principal structures. The'chitecture shall provide the appearance of 2 -story structures along most of:the `fagade facing ;a street. Two story facades facing the street are encouraged, where practicable. There should be a minimum of a two-story facade facing the street or in special circumstances a one-story building with the appearance of a two-story facade, when two actual stories are imprrsctical. 8) Building Height. Single family dwellings shall b9 limited to 35 feet "or 2.5 stories. Attached residential dwellings shall be limited i6'-'60 feet or 3.5 stories. Multi -family 1. dwellings shall be limited td,; -Z5 feet or 4 stories ,Mixed commercial and residential buildings shall be limited to tis felt or 4 stories provided that 2 stories within the building shall be residential only C''p" ercial use only buildings shall not exceed 65 feet or 5 stories._ 9) Flat roofs shall be avoided, except R roof and faradaations and other the roof as yred rirom,,;s reet level. flat roofs tale extenti.�MbLsible. If p situation; t�'O detail element; 10) a tower the unit. ie siza"or tie of the building requires a flat -ectural.features can disguise the flatness of ed roofs shall be used on buildings in lieu of roofs are not feasible or practical in a given a f' architectural feature shall be required as a ent to break the horizontal fagade. med from street level utilizing screens of a Shared parking lacilitieUare encouraged. The Planning Board shall ensure that appropriate cros ``easem entW Or use and ingress and egress to shared parking facilities are, filed with the county cl<erk as part of development plan approval. Where appropriate the Planning Board may allow on -street parking provided the street width is adequate to safe'li-t"commodate on -street parking. Service alleys should access practicable off-street parking spaces for residential uses. Shared parking can reduce cumulative parking requirements for the mixed-use district if it is demonstrated that peak requirements of various use4 -:,are complementary and occur at different times. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance, and for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is permitted, and such parking garages shall not be required to satisfy rear, side yard or parking aisle width requirements contained in this District, provided there is an attempt to locate them in locations where a majority of the garage is shielded from Route 9. 12) Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to (i) as a first priority, connect to existing through roads that connect to existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board or (ii) if (i) above is not available, directly to existing state, county or Town highways, or to a proposed Town Page 59 Zoning Law Public Review Draft August 22, 2007 highway that has been approved by the Town Board. Vehicular and pedestrian access between adjacent lots shall be incorporated into the site design, unless determined to be impracticable due to topographic constraints, non -compatible uses, or other site constraints. 13) Open Space. Recreation and leisure space shall be provided through a combination of common and private open space and shall not be less than ten (10%) percent of a total project or application area. Open space may include squares, mini -parks, athletic fields, commons, promenades or pedestrian plazas with amenities such as benches, landscaping and natural walking trails and may include hardscaping amenities and structures which are intended for the use of the general public, such as lighting, special paving, pavers, artwork, and structures such as a skating rink, gazebo, peri6la amphitheater, or band stand for the general public use. In order to serve as a focal point, an open space feature should be visible and easily recognizable as an area that soncourages outdoor assembly. Sidewalk hardscaping adjacent to residential dwellings aria commercial uses and small parking lot islands are not considered open spat , 14) Shrubbery shall be no higher than four feet , dove existing street grades, nor shall any tree with foliage extend below 10 fee, ,above the established -s'reet grades. All landscaping (trees, shrubs, planted bed be maintained within 20 feet of any street intersection or 10 feet of driveway/street in ection is restriction is for purposes of maintaining visibility at all times. „ 15) Sidewalks shall be provided alc with existing and future potents shall be separated from the stre pedestrians from vehicular traff the Planning may approve the sidewalks the Planning Board t and t% ) and land responsibility of th applica repair of the new V sidewalks request that' „the Town t1oarc any public st "'' -and shall, where practicable, link Of establish repair. s and p e' rian pathways. The sidewalks lawn at le feet wide, and further buffer treet pir ne_ ere possible. Alternatively, 3 `# x wells within {the sidewalk. In approving a that a" recorded instrument sets forth the ire owners of the lots for maintenance and ng. Alternatively the Planning Board may ecial district for the purpose of sidewalk and 16) New or in -fill constructloa shall be designed so as to be compatible with the general c buildings on the street frorx age. The setback, height, bulk, gable and pitch of goofs, use rches, shutters and other exterior design elements should result in an 'U ' overall desi complements,the existing character of the streetscape. sve 17)"X, he incorporate of smail; 23) Where practicable, service alleys for deliveries and utility access should be established along rear property lines. 24) Roadway design shall incorporate traffic calming components such as narrower lane widths, on -street parking and side walk bump -outs at intersections to aid pedestrian access and safety while reducing the existing unsafe vehicular speeds. 25) Drive-thru facilities shall provide only accessory access, and not the primary access to buildings. Such accessory drive-thru access shall be on the rear or sides of a building and placed and screened so as to minimize paving and minimize views of the lines of autos from public gathering places within the project. Landscaping shall be used to reduce the visibility of such facilities. _° ' 26) On street parking is prohibited on Route 9. 27) Off-street parking lots and loading areas, accessory sheds shall be screened from walkways and stre and/or fencing. 28) Residential rear access lanes should be used for access to behind buildings.' 29) Promote the preservation of open spaceby`61iu ring mixed developments within a "new urban" or a or. plan. 30) Promote the preservation of open;space and eliminate and commercial uses using zero lot lines along a sparking and locating parking lots„ to`'`the "rear and sides center" or "lifestyle center" design pian as or storage other than appropriate vegetation a ra' and parking lots I ��ar �. units an oncentrating Lborhood Design' design strip -retail by clustering retail tscape with limited on -street V.101e buildings within a "town E) Special rules for the ,CHCO Extended Overlay District ` :"The areas depicted on the Zoning 0" Map as the CHCO Eifended Overlay District consist of -land zoned for residential use. These properties are located outside of the CHC 0" District but they create a vital link between the CHCO district" care and theexisting high density residential neighborhood to the west of the CHCO center. Are -development of the CHCO District should, where possible, incorporate the CHCO Extender f Operlay `` properties; into the re -development as a Traditional Neig esign to allow a" transition from the commercial center of the CHCO District n ou fixed use commercial/residential and residential -only uses extending esterly from t CO center This opportunity already exists on the east side of Route 9 e the CHCO D ict includes, "part of a R -2A district, and providing for a residential t etional area on: e west side of Route 9 would allow integration of the existing rest dial areas with CHCO District development. 1) Not'"` tanding other provision of this Chapter, the properties located on the west side oft Rou x identified on the Zoning Map as "CHCO Extended Overlay Area" shall be s the following regulations: a) The CHO Extended Overlay District is a supplement to the underlying zoning districts). Nothing herein shall be construed to prevent the development of properties in the CHCO Extended Overlay District in accordance with the regulations for the underlying zoning district as set forth in this Chapter. b) When incorporated into a development master plan for the CHCO District in the style of a Traditional Neighborhood Development property within the CHCO Extended Overlay District may be developed for residential or mixed use residential/non-residential use provided that the maximum residential density shall not exceed two (2) dwelling units per acre. c) The additional dwelling units shall be located within the primary or the secondary development areas, or as close as practicable, so as to appear as a part of the CHCO Page 61 Zoning Law Public Review Draft August 22, 2007 District development. The Planning Board is expressly authorized to require the clustering of the CHCO Extended Overlay units and uses along the boundary of the CHCO District, and is specifically authorized to reduce the otherwise applicable yard setback and buffer setback distances to ensure that the units are placed in close proximity to the district boundary line so as to appear as an extension of the CHCO District. § 210-25. Fairview Center. A) District Purpose. This district defines the established commercial areas on the east side of State Route 9 to the abandoned railroad spur line behind the a retail mall, and north of Fulton Street to the southerly boundary of the former Staat�e iatric Center facility. This area has potential for redevelopment as a pedestrianted commercial destination, and with the expected redevelopment of the Psychiatreri �roperty for high density residential and commercial use the redevelopment the P`aiew Center would be supported by, and provide a linkage to, the exist�nstutional, bai0iness and residential areas to the west, south and east. This district seres t ie following sp6&& purposes: 1) Promote a mix of business and commercial-iises in multi -story buildings; �akabNS 2) Promote pedestrian activity through 'a sap.-nd wle environment and establish connections to existing adjacent residential ne �lorhoods fib€ 3) Minimize the visual impac of the automob> ".'. by managing the placement and screening/landscaping of par eas. 4) Create an interconnected street oth pedestn " d vehicular traffic. 5) Encourage the development of bot ion-str g and " ared parking areas between nearby uses. B) Permitted uses. N uses shall b s follows ote: "*" designates a use which is subject to site approv' : the Plann' Board: 1) *Bank andial se >es. 2) *Bakery, retail, 3) *Buszneas ark, sub o §210-6 *Boutiques wttb with ood processed or assembled on site, subject to §210-57. 6) *Delicatessen. 7) *Heap club. 8) *Office ,. 9) *Personal sexu�ce business, no drive-in or drive-thru. 10) *Retail business, no drive-in or drive-thru. 11) *Restaurants, no drive-in or drive-thru. 12) *Service business, no drive-in or drive-thru. 13) *Shopping center. 14) *Supermarket. 15) *Theater. C) Special permitted uses. Special permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: Page 62 Zoning Law Public Review Draft August 22, 2007 1) *Clinics. 2) *Day-care center, subject to §210-66. 3) *Hotel, motel, subject to §210-75. 4) *Inn, subject to §210-77. 5) *Motor vehicle accessory sales. 6) *Motor vehicle repair facility. 7) *Outdoor restaurant dining area. 8) *Personal service business, with drive-in or drive-thru. 9) *Retail business, with drive-in or drive-thru. 10) *Restaurants, with drive-in or drive-thru. 11) *Service business, with drive-in or drive-thru 46 D) Accessory uses shall be as follows: 1) Accessory buildings and structures, subpi to §210- 2) Temporary buildings for construction purposee ubl E) The area and bulk regulations for the FC district shat) Minimum Lot Minimum Lot Area (sq. ft.) Width (feet) 15,000 100 1) On a lot no'sir square feet. 2) The continuous mixed-use s of a variety 6 k, appearance of a Minimum Minimur Front Yard Yard '0 (feet) 35 25 shall Rear o j10-109. follows: Maximum Impervious Surface (%) 80% Maximum Height (feet) 45 feet or 3 stories ground floor space in excess of 65,000 gross is 7level frontage of a single commercial use building in excess of 100 any frontage exposed to a street, public space or parking area and rcial uses larger than 30,000 square feet shall be contained in a or b6 `architecturally designed to appear as a streetscape composed ldings that helps to further prevent the visual dominance or e, large'commercial use. 3)um retail use; density. Within the FC District the total gross square footage of bud ,space dev&d to retail uses shall not exceed sixty-five (65%) percent of the total gross s�qg,e foot9.ge of all commercial space. Within the FC District not less than thirty- fivererce%of the gross square footage of all commercial space shall be non -retail uses such dk,i, ices, restaurants, civic uses, etc. The Planning Board shall ensure that compliance with this provision is maintained by requiring the reduction or elimination of proposed retail space where the maximum gross square footage of retail space would exceed sixty (60%) percent. Nothing herein shall be construed to prevent the development of a greater amount of non -retail commercial space than the minimum of thirty-five (35%) percent.. 4) Ingress and egress. Locations for ingress and egress to a lot shall be approved by the Planning Board and shall be so arranged as to connect with existing state, county or Town highways, or to a proposed Town highway that has been approved by the Town Board. 5) Unless approved by the Planning Board, parking shall be located to the side or to the Page 63 Zoning Law Public Review Draft August 22, 2007 read of principal structures. 6) A landscaped setback of not less than 25 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non- residential and mixed use developments shall be subject to the requirements of §210- 152(A)(2) of this Chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. The setback area shall be permanently preserved by recorded deed instrument in a form approved by the Town Attorney, and which shall provide for Town enforcement of said restriction F) Design standards. The following guidelines shall be applie wing the site plan and subdivision review of any new development project involvi ndev " oped land in the FC District. The Planning Board shall use its discretion the applicability of these guidelines to an adaptive reuse project. All redevelopm rshall meet the standards set forth herein. 1) The Planning Board is empowered to require, ofbusiness commercial uses in any development project. Further, the Pla g Board is empower ., require that a development be phased to ensure the req d mix of uses is implemeri 2) Two -and three story buildings designe ccom " ate retail, ofXc --,"and service business uses are required for the entire FC ui dings shall bated close to existing and proposed street lines with parkin .I 'ented to the rear of the principal structures. M_ 3) New or in -fill construction shau fi�36�A signed so as t " o , compatible with the general character of buildings on the street The setback, ght, bulk, gable and pitch of roofs, use of porches, shutters another desi elements should result in an overall design that complements theN existag c�iarer of the streetscape. 4) Shared parking tanes are enco aged. The,;, -Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed w4&the countgiclerk as part o development plan approval. Where appropriate the Planning tbard mq.,, low on -street p `ding provided the street width is adequate to safely accommoa'iA street p sa ng. Ar �: 5) 11 be no 'Higher than ur feet above existing street grades, nor shall any r with a exte below 10 feet above the established street grades. All ., landscaping shrubs,,panted beds) shall be maintained within 20 feet of any street �tersection or 1 t of driveway/street intersections. This restriction is for purposes of antaining vis' at all"Times. 6) Ne in -fill con ction should be designed so as to be compatible with the general chars of buil s on the street frontage. The setback, height, bulk, gable and pitch of roofs, u po es, shutters and other exterior design elements should result in an overall de at complements the existing character of the streetscape. 7) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 8) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 9) The utilization of ribbon or continuous strip glazing in any building facade is prohibited. 10) Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and fagade variations and other architectural features can disguise the flatness of the roof. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., Page 64 Zoning Law Public Review Draft August 22, 2007 entry way or tower element to break the horizontal fagade. 11) Any large building fagade and the sides visible from the transportation corridor should incorporate changes in plane and architectural features that give the appearance of several common -wall buildings. 12) All streets shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service. 13) The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use. 14) Where practicable, service alleys for deliveries and utility access''should be established along rear property lines.: 15) Drive-in and drive-thru facilities shall be located rear of buildita s and landscaping shall be used to reduce the visibility of such facilities. 16) On street parking is prohibited on Route 9. shared access to parking and driveways whe 17) Off-street parking lots and loading areas, 4 sheds should be screened from walkways and/or fencing. § 210-26. Salt Point Center. A) District Purpose. This district Turnpike at the intersection of specific purposes: 1) Promote a mi�c�'fusitess, 2) Promote pedes once and wE neighborhoods y 3) pl nimize ffi6 screening/IA' 4: reate an inte: 5) Vncourage the and possible. used to provide or storage other than ppropriate vegetation se center along Salt Point districts serve the following uses designed as an integrated through a safe, and walkable environment, encourage a park epre and establish connections to adjacent residential of the automobile by managing the placement and z areas. system for both pedestrian and vehicular traffic. of both on -street parking and shared parking areas between 6) Promotesuff"icit critical mass of employees, shoppers and residents within close proximity i6 a coinmercial and mixed-use core which encourages people to park once and walk becausalking becomes more convenient than driving for short trips within the core.' 7) Promote a retail shopping and business environment that is not strip -retail oriented, where shoppers park once and walk between adjoining commercial uses where the buildings are primarily connected to each other or use zero lot lines. 8) Provide public gathering spaces such as central greens and centerpiece buildings. 9) Provide for a variety of housing options within walkable proximity to the commercial core including single-family, two-family homes, and multi -family units. 10) Preserve, enhance and incorporate natural and historic features in order to enhance a sense of place, greenway connections and natural edge conditions. Page 65 Zoning Law Public Review Draft August 22, 2007 B) Permitted uses. Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Adaptive reuse of existing residential structure for non-residential use. 2) *Bank and financial services. 3) *Bakery. 4) *Boutiques with or without goods processed or assembled on site, subject to §210-57. 5) *Clinics. *Delicatessen. *Dwelling, single family. *Dwelling, two-family. *Health club. 10) *Library, community center. 11) *Laundry, dry cleaner. 12) *Office. o4 13) *Personal service business, no drive-in or dri 14) *Retail business, no drive-in of drive-thru. 15) *Restaurants, no drive-in or drives , 16) *Service business, no drive-in or 17) *Supermarket 18) *Theater. 19) *Veteruiarxal,no kenne y:o cre C) Special permitted`" which is subject to 7) 8) *Nursery be as follows (Note: "*' designates a use g Board: #Nlings, and mixed residential and non-residential uses within multi - is part of a unified development on a single lot. subject to §210-66. *Outdoor restaurant dining area. D) Accessory uses shall be as follows: 1) *Accessory buildings and structures, subject to §210-48. 2) *Clubhouse as part of a common use area for a residential project. 3) *Swimming pool (private), subject to §210-107. 4) *Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for a detached single family dwelling unit in the SPC District Page 66 Zoning Law Public Review Draft August 22, 2007 shall be as follows: Minimum Lot Area Minimum Minimum Minimum Side and Usable Open Maximum Lot Maximum Maximum (sq. ft.) Frontage (ft.) Front Yard Rear Yard (ft.) Space Set- Coverage (%) Impervious Height (ft.) (ft.) Aside (sq. ft.) . Surface (%) 4,000 40 15 6 feet side 1,000 per unit 45% 85% 28 feet or 2 20 feet rear stories a Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. F) The area and bulk regulations for attached residential units in the -SPC District shall be as follows: Minimum Lot Minimum Minimum Minimum Side Usable Open M,a nu t Maximum Maximum Height Area (acres) Frontage (ft.) Front Yard and Rear Yard Space Set- verage Impervious (ft.) (ft.) (ft.) Aside (sq ft, a � ,Surface (%) Space Set- Coverage (%) 8 70v 25 15 1,000 per 4, ' 70% $0% 35 feet or 2 {ff) (ft.) stories • Shall be reserved outside of building lot area as usable open spam for the development of public pall' trimons, or small - pedestrian plazas with amenities such as benches landsca in ani)atural walk• trails. 500 per 5,000 65% 4 G) The bulk for &% 4dential area and regulations non-residential ressdential/non-res structures as attached units in the SPC District shall " follows: use sq• ft. of lot Minimum Lot Minimum Minimum Minimum Side „ Usable Open Mail Lo �. Maximum Maximum Height Area (sq. ft.) Frontage (ft.) Front Yard and Rear Yard " Space Set- Cover$ Impervious (ft.) (ft.) (ft) • Aside, (sq ft.), Surface a Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small 1,600 22 10 0 500,per 1600 R 95% 100% 45 feet or 3 std. ft. of lots' stories area • Must be reserved outside of 'building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. b Lot coverage % vs. impervious coverages % is designed to encourage parking within attached residential structures to minimize erade (eround) Darkin H) as for non'residential or mixed residential/non-residential use ..the SPC District shall be as follows: Mimmum'o Minimum 'Minimum Minimum Side Usable Open Maximum Lot Maximum Maximum Height Area (sq. ftp Frontage (ft.) Proxit;,Yard and Rear Yard Space Set- Coverage (%) Impervious (ft.) {ff) (ft.) Aside (sq. ft.) a Surface (%) b 5,000 80 10 10 ft. side 500 per 5,000 65% 80% 45 feet or 3 25 ft. rear sq• ft. of lot stories area a Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small Pedestrian plazas with amenities such as benches, landscaping and natural walking trails. b Lot coverage percentage vs. impervious coverage percentage is designed to encourage parking within attached residential 1) On a lot no single retail use shall occupy ground floor space in excess of 12,000 gross square feet. 2) The continuous ground level frontage of a single commercial use building in excess of 60 feet in length on any frontage exposed to a street, public space or parking area and ground level commercial uses larger than 6,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of buildings that helps to further prevent the visual dominance or Page 67 Zoning Law Public Review Draft August 22, 2007 I) appearance of a single, large commercial use. 3) Maximum residential dwelling unit density. Within the SPC District residential density shall not exceed six (6) dwelling units per acre. Notwithstanding, residential dwelling units located immediately above a ground floor or second floor non-residential use shall not be counted against the maximum residential dwelling unit density provided the building meets applicable coverage and open space requirements, sufficient parking for the residential uses is provided, and open space is set aside for the dwelling units as provided herein. 4) Maximum retail use density. Within the SPC District the total gross square footage of building space devoted to retail uses shall not exceed sixty -.,,de (65%) of the total gross square footage of all commercial space. Within the SPC District not less than thirty-five (35%) percent of the gross square footage of all commercaa ace shall be non -retail uses such as offices, restaurants, civic uses, etc. The Eanntn Board shall ensure that compliance with this provision is maintained by re the reduction or elimination of proposed retail space where the maximum gros square footagnf retail space would exceed sixty (60%) percent. Nothing he constru"� to prevent the development of a greater amount of non ndil commercial space t minimum of thirty-five (35%) percent. .. 5) The development of mixed residential an `:non restdeiital uses is required for each application. The Planning Board shall refect an to plication that does not include non- residential uses providing se ces to center distr nd community residents. For any application no less than twe 0%) percent of Mtotal gross square footage of all structures shall be reserved fo idential bus -an, institutional uses. The Zoning Board of Appeals shal a uthority tgrant a variance from this requirement. 6) Ingress and egre cations for ' and e o a lot shall be approved by the Planning Bo =ar ll be so ay ed as to nett with existing state, county or Town high .' s, or tou „ roposed To highway that has been approved by the Town Board. . 7) Unless approv w ; t Board 'arking shall be located to the side or to the indar, The wing guidelines shall be applied during the site plan and i revue any eve opment project involving undeveloped land in the SPC The Placa g Bo all use its discretion as to the applicability of these an adaptiV74 prnlect. All redevelopment projects shall meet the standards set forth herein. Vf 1) The of Tradi nal Neighborhood Development design is required. A mix of commer�cxal uses nd/or residential and commercial uses in all development projects is required;i"ning Board shall require that a development be phased to ensure the required am -4 uses is implemented. 2) Larger -scale, single -use facilities (conference spaces, theaters, supermarkets or department stores, for example) shall occur behind smaller -scale buildings or storefronts with pedestrian orientation and may be one story with a two-story facade. 3) New or in -fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. 4) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate Page 68 Zoning Law Public Review Draft August 22, 2007 the Planning Board may allow on -street parking provided the street width is adequate to safely accommodate on -street parking. Service alleys should access practicable, off-street parking spaces for residential uses. 5) The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge). 6) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 7) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. at 8) Setbacks and landscaping for non-residential and m subject to the requirements of §210-152(A)(2) of this C p' 9) The construction of any blank, windowless facadfay g a for the lot on which the building is located is.pi.bited. parking lot or public area shall have windows".-, 10) The utilization of ribbon or continuous ship glazing in avoided. developments shall be any building ; provides frontage that face a street, should be 11) Flat roofs shall be avoided, except where the"°' type of the building requires a flat roof and fagade variations and other architecture eatures can disguise the flatness of the roof. Pitched roofs shalh e used on buildings ,% ,.,lieu of flat roofs to the extent feasible. If pitched roofs are nc feasible or practicaITven situation, then, at a minimum, a pitched roof architectural feature shall be req"as ed as a detail element, i.e., entry way or tower element to break the horizontal fagadq' 12) Any large building fagade and the sides,:v sible from..the transportation corridor should h:.. incorporate changes Lxi .plane and architectural features that give the appearance of several common wall buirlings. 13) All streets sl'i be designed to permit the. installation of electric, water, sewer, gas and other utilities under grc�unc, ,either initially or at the time major improvements or up are made tc�tie sheet or the Particular service. 1 ewa be prpvided along any public street and shall, where practicable, link with existin - future potential sidewalks and pedestrian pathways. The sidewalks shall be separa"'` _ from the'.street by a tree lawn at least 4 feet wide. In approving ewalks the P ng Board shall ensure that a recorded instrument sets forth the nsibility oft ;applicant and the future owners of the lots for maintenance and re pf the new ', ewalks and landscaping. Alternatively the Planning Board may reque at the n Board establish a special district for the purpose of sidewalk and landsca ` m mance and repair. 15) The numbs off-street parking spaces provided should be the minimum necessary to adequatelyerve the intended use. 16) Where practicable, service alleys for deliveries and utility access should be established along rear property lines. 17) Drive-thru facilities should be located at the side or rear of buildings and landscaping should be used to reduce the visibility of such facilities. 18) Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-thru facilities. 19) Cross -easements should be used to provide shared access to parking and driveways whenever possible. Page 69 Zoning Law Public Review Draft August 22, 2007 20) Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing. § 210-27. Macdonnell Heights Center (MHC) District. A) District Purpose. This district defines the emerging mixed use center along State Route 44 at and across from the former Frank Brothers Farm property. In addition, these districts serve the following specific purposes: 1) Promote a mix of business, commercial, and residential use J, single -story and multi- story buildings designed as an integrated community spa sides of Route 44. 2) Promote pedestrian activity through a safe and walkab onment, encourage a park once and walk around core and establish co, cti _ to adjacent residential neighborhoods. 3) Minimize the visual impact of the auto , , • q b managin a placement and screening/landscaping of parking areas. 4) Create an interconnected street system th pedes 'an and vehicul a Te. 5) Encourage the development of both on-stree kin ;; hared park' areas between nearby uses. 6) Promote a sufficient critical mass of employees, s rs and residents within in close s: proximity to a commercial and mt7ts -use core which' azrages people to park once and walk because walking becomes `more „ venient than dor short trips within the core. E ' 7) Promote a retail shopping and bus esenvir6Wii&i that is not strip -retail oriented, where shopper "I nce and wa retween a oining commercial uses where the buildings are,, rima nnected to each other or use zero lot lines. a �' 8) Provide. atherin ; aces such as ventral greens and centerpiece buildings. 9) Provide for a va"' Of, options wAin walkable proximity to the commercial core including single- , and multi -family units. 10)Preserve, xenance orporate natural and historic features in order to enhance a sense of plack,4 eenway ections and natural edge conditions. �•,IR Permitted uses. Permitted us , all be as follows (Note: "*" designates a use which is sulilect to site plan approval by; a Planning Board: 1) Adaptive reuse of misting residential structure for non-residential use. 2) *Bank`4nd1,fman, services. 3) Bakery. 4) *Bar, provided that food sales account for not less than 25% of gross sales and hours of operation shall be limited to 11:00 am to 11:00 pm. 5) *Boutiques with or without goods processed or assembled on site, subject to §210-57. 6) *Business park, subject to §210-60. 7) *Clinics. 8) *Delicatessen. 9) *Dwelling, single family. 10) *Dwelling, two-family. Page 70 Zoning Law Public Review Draft August 22, 2007 11) *Health club. 12) *Inn, subject to §210-77. 13) *Library, community center. 14) *Laundry, dry cleaner. 15) *Office. 16) *Personal service business, no drive-in or drive-thru. 17) *Retail business, no drive-in or drive-thru. 18) *Restaurants, no drive-in or drive-thru. 19) *Service business, no drive-in or drive-thru. 20) *Supermarket. 21) *Theater. 22) *Veterinarian, no kennel, no crematorium. C) Special permitted uses. Special permitted uses shall be a which is subject to site plan approval by the Planning Bc 1) *Bed -and -breakfast, subject to §210-55. 2) *Commercial garage. 3) *Commercial recreation, indoor o y r g F 4) *Day-care center, subject to §210-"`F 5) *Home occupations, subject to §210.;- 6) *Motor vehicl Ae sales.Jp - s (Note: "*' designates a use Minimum Lot Area Minimum Minimum Minimum Side and Usable Open Maximum Lot Maximum Maximum (sq. ft.) Frontage (ft.) Front Yard Rear Yard (ft.) Space Set- Coverage (%) Impervious Height (ft.) (ft.) Aside (sq. ft.)- Surface (%) 4,000 40 15 6 feet side 1,000 per unit 45% 68% 28 feet or 2 20 feet rear stories • Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. Page 71 Zoning Law Public Review Draft August 22, 2007 F) The area and bulk regulations for attached residential units in the MHC District shall be as follows: Maximum Height apace Set Coverage (%) Impervious (ft.) Minimum Lot Minimum Minimum Minimum Side Usable Open Maximum Lot Maximum Maximum Height Area (acres) Frontage (ft.) Front Yard and Rear Yard Space Set- Coverage (%) Impervious (ft.) (ft.) (ft.) Aside (sq. ft.) a Surface b (%) 8 70 25 15 1,000 per unit 70% 80% 50 feet or 3-1/2 stories ■ Shall be reserved outside of building lot area as usable open space for the development of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and natural walking trails. G) The area and bulk regulations for non-residential or mixed r ential/non-residential use structures as attached units in the MHC District shall be s: Minimum Lot Minimum Minimum Minimum Side Usable Op um Lo aximum Maximum Height Area (sq. ft.) Frontage (ft.) Front Yard and Rear Yard Space Coverage (%) ervious (ft.) (ft.) (ft.) Aside ) ■ b (%) 1,600 22 10 0 1,600 955/6 10 . 50 feet or 4 sq. of stories a ■ Shall be reserved outside of building lot area as usable open space f "velopxnent of public parks, commons, or small pedestrian plazas with amenities such as benches, landscaping and nature g trails. b Lot coverage % vs. impervious coverage % is desigpo to encourage parking�attached residential structures to minimize H) The area and bulk regulations for non"lcesi structures as detached units in the MH." I Minimum Lot Minimum Minimum, Minimum Sid' Area (sq. ft.) Frontage ft )� Front Yars°f and Rear Yard () (ft.) 5,000 30 w ',&_ 10 � 10 feet side ■ Shall be res building area as pedestrian4& as with a .,such as benches, b Lot co# age percentage v4FAffikrvious '8 g use sable Open _-Maximum Lot Maximum Maximum Height apace Set Coverage (%) Impervious (ft.) Me (sq. ft.) a Surface (%) b 10 p*e rr 5,000 65% 80% 50 feet or 3-1/2 ,q ft. of lot stories area space for the development of public parks, commons, or small nd natural walking trails. is designed to encourage parking within attached residential 1) Ot no single . ail use shall occupy ground floor space in excess of 35,000 square 2) The tori• us and level frontage of a single commercial use building in excess of 60 feet in len ong any frontage exposed to a street, public space or parking area and ground lev 'Yong uses larger than 15,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use. 3) Maximum residential dwelling unit density. Within the MHC District residential density shall not exceed six (6) dwelling units per acre. Notwithstanding, residential dwelling units located immediately above a ground floor or second floor non-residential use shall not be counted against the maximum residential dwelling unit density provided the building meets applicable coverage and open space requirements, sufficient parking for the residential uses is provided, and open space is set aside for the dwelling units as provided herein. Page 72 Zoning Law Public Review Draft August 22, 2007 01 4) Maximum retail use density. Within the MHC District the total gross square footage of building space devoted to retail uses shall not exceed seventy-five (75%) of the total gross square footage of all commercial space. Within the MHC District not less than twenty- five (25%) percent of the gross square footage of all commercial space shall be non -retail uses such as offices, restaurants, civic uses, etc. The Planning Board shall ensure that compliance with this provision is maintained by requiring the reduction or elimination of proposed retail space where the maximum gross square footage of retail space would exceed seventy-five (75%) percent. Nothing herein shall be construed to prevent the development of a greater amount of non -retail commercial space than the minimum of twenty-five (25%) percent. 5) The development of mixed residential and non-resident uses;," is required for each application. The Planning Board shall reject any applicalPnn that does not include non- residential uses providing services to center district ariat-cat unity residents. For any application no less than twenty (20%) percent of t1,tota� Cross square footage of all structures shall be reserved for non -residential -,,business aril institutional uses. The Zoning Board of Appeals shall have no au or#y `�'to grant m `ariance from this requirement. 4 6) Location of open space. The open space set-aside is intended to be locate , F. ane or more designated areas for the use of MHC resi er,��and/or he general pubhr' he intention being that the open space that is set-aside beag.0 f ed as a large parcel(s) and not be disbursed into small, less usable spaces. 7) Ingress and egress. Locations°Tor mgre; Planning Board and shall be so atrang Town Town highways, or to a propose Board. 8) Unless approved, by�,the Planning pan read of prince a1;; es., Design standar The i -;wing guidelir subdivision ieany n development District. The PI „g RROW" hall use and egress t„a lot shall be approved by the as to conkedmit , ,,existing state, county or gkway that ha .: Meen approved by the Town be located to the side or to the shall be applied during the site plan and ject involving undeveloped land in the MHC discretion as to the applicability of these 7elopment projects shall meet the standards set forthAher@in ,Y The use of Txaditiona� eighborhood Development design is required. A mix of .: , -. .k commercial uses and/or residential and commercial uses in all development projects is ”' quired. Furtherj- the Planning Board shall require that a development be phased to ensure the required unix of uses is implemented. 2) New". in -fill construction should be designed so as to be compatible with the general character -,of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use o� o;rA` es, shutters and other exterior design elements should result in an overall design 4hat complements the existing character of the streetscape. 3) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on -street parking provided the street width is adequate to safely accommodate on -street parking. Service alleys should access practicable, off-street parking spaces for residential uses. 4) The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge). 5) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. Page 73 Zoning Law Public Review Draft August 22, 2007 6) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. 7) Setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. 8) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 9) The utilization of ribbon or continuous strip glazing in any building facade should be avoided. �s 10) Flat roofs shall be avoided, except where the size or roof and fagade variations and other architectural fie the roof. Pitched roofs shall be used on building feasible. If pitched roofs are not feasible or prsctic minimum, a pitched roof architectural feature sail`t entry way or tower element to break the hor ontal fay 11) Any large building fagade and the sides vis„ le from incorporate changes in plane and architeda fea several common -wall buildings. 12) All streets shall be designed %pni,��he installs other utilities underground, tially or at upgrades are made to the street icular ser 13) Sidewalks of not less than five (5) shall, where practicable, link with pathways. Th 1 0 s shall be (5) feet wide n app ' g sidew; instrument s is forth t esponsil for mairifei Planning I purpose of 14) The numuft adequately 1 Where pra, along rear 16) Drive=thru should -bb_ -L 17) Pedestnax any drive -t 18) Cross -ease of the new Lthat the ' pe the building requires a flat iureq .can disguise the flatness of i lieu 4-Zat roofs to the extent in a given situation, then, at a required as" letail element, i.e., ^ansportation ,s�rridor should that give thei appearance of electric, water, sewer, gas and time major improvements or hall be provided along any street and ential sidewalks and pedestrian ted fro7'gBoard reet by a tree lawn at least five Plannshall ensure that a recorded the applicant and the future owners of the lots rnalks and landscaping. Alternatively the Board establish a special district for the Ltenance and repair. king spaces provided should be the minimum necessary to for deliveries and utility access should be established litieshould be located at the side or rear of buildings and landscaping to reduce the visibility of such facilities. 6 and internal vehicular circulation must be considered in the design of should be used to provide shared access to parking and driveways whenever possible. 19) Off-street parking lots and loading areas, accessory use structures or storage other than sheds should be screened from walkways and streets utilizing appropriate vegetation and/or fencing. § 210-28. Rochdale Road Hamlet (RRH) District. A) District Purpose. This district defines the emerging mixed use center at the former Herman's Nursery and Roe Movers properties on Route 44 near the Town of Pleasant Valley boundary. Page 74 Zoning Law Public Review Draft August 22, 2007 In addition, this district serves the following specific purposes: 1) Promote a mix of business and commercial uses within a planned community environment. 2) Promote pedestrian activity through a safe and walkable environment and establish connections to existing adjacent residential neighborhoods. 3) Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas. 4) Create an interconnected street system for both pedestrian and vehicular traffic. B) Permitted uses. Permitted uses shall be as follows(Note:'* designates a use which is subject to site plan approval by the Planning Board: 1) *Adaptive reuse of existing residential structure for, residential use. 2) *Bank and financial services. , 3) *Bakery. 4) *Boutiques with or without goods processed or assembled on site, subje ,' 210-57. 5) *Clinics. 6) *Delicatessen. 7) *Health club. s 8) *Office. 9) *Personal service business, no drive-in or drive thru. 10) *Retail business, no drive-in or drive-thru;, 11) *Restaurants, no drive 1n or drive-thru r 12) *Service business, no drive-in or drive-thru. 13) *Supermarket x 14) *Thgater. y - C) S "i` per" ses Standalone and combined residential and neighborhood scale non- Xesidential use lowed` subject to special use permit approval by the Zoning Board of eals. Special pe " ted uses shall be as follows (Note: "*" designates a use which is s to site plan a val by the Planning Board: 1) * are center, _ ject to §210-66. 2) -DW , multi -family. 3) *Inn, su e; 10-77. 4) *Motor vehi service facility, no car wash, subject to §210-90. Ir 5) *Mixed residential and non-residential uses within multi -story structures as part of a unified development. 6) *Outdoor restaurant dining area. D) Accessory uses shall be as follows: 1) *Accessory buildings and structures, subject to §210-48. 2) *Swimming pool (private), subject to §210-107. 3) Temporary buildings for construction purposes, subject to §210-109. Page 75 Zoning Law Public Review Draft August 22, 2007 E) The area and bulk regulations for the RRH district shall be as follows: Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Height Area Width Front Yard Yard Yard Coverage Impervious (feet) (acres) (feet) (feet) (feet) (feet) (%) Surface (%) 1 60 25 15 35 40% 80% 45 feet or 3 stories 1) On a lot no single retail use shall occupy ground floor space in excess of 9,500 square feet. 2) Ingress and egress. Locations for ingress and egress to a11 be approved by the Planning Board and shall be. so arranged as to connect h existing state, county or Town highways, or to a proposed Town highway tha een approved by the Town Board. 3) Unless approved by the Planning Board, parkin s be lo. "` '. to the side or to the read of principal structures. _y " 4) Maximum residential dwelling unit densit "Vi in the RRH District: 'dential density shall not exceed four (4) dwelling units pdfl.cre. . �y.. 5) The continuous ground level frontage of a s' commercial use buil Viin ecess of 60 feet in length along any frontage exposed to a'a, public space or parking area and ground level commercial uses larger than 4,00' uare feet shall be contained in a mixed-use structure or be arc%,allydesigneear as a streetscape composed of a variety of small buildings's to further prevent the visual dominance or appearance of a single, large com �y 6) The development of mixed reside application. The ning Board residential used"epi! services applicatio less t wenty (. kbe res ed for non-ri App shall have Vand tial uses is required for each t anytion that does not include non- districommunity residents. For any ;nt of the total gross square footage of all inial business and institutional uses. The authority to grant a variance from this r " ]]owing guiflS'iines shall be applied during the site plan and any development project involving undeveloped land in the RRH ing Bo` hall use its discretion as to the applicability of these Luse p ct. All redevelopment projects shall meet the standards use facilities (conference spaces, theaters, supermarkets or r example) shall occur behind smaller -scale buildings or storefronts tation and may be one story with a two-story facade. 2) New or in-fill.;construction should be designed so as to be compatible with the general character of'buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. 3) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on -street parking provided the street width is adequate to safely accommodate on -street parking. 4) The incorporation of small, landscaped, front yards is encouraged with any new residential or commercial use (if building is not built to the sidewalk edge). Page 76 Zoning Law Public Review Draft August 22, 2007 5) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 6) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. 7) Setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. 8) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 9) The utilization of ribbon or continuous strip glazing avoided. 10) Flat roofs shall be avoided, except where the siz roof and fagade variations and other architectur the roof. Pitched roofs shall be used on kiuildi feasible. If pitched roofs are not feasible 'or prE minimum, a pitched roof architectural feature sh entry way or tower element to break the honzQrit 11) Any large building fagade and the sides visible 'I incorporate changes in pland,and architectural several common -wall buildings k ,, 12) All streets shall be designed to pkni f other utilities underground, either it upgrades are made to the street or t°he 13) Sidewalks sh e� ded along aril with exist' and future "Potential si&E shall be, meted fror he street by sidewalks thAnnioard shall e responsibility o',pcan and the repair of Atthe new walks `arida number of " uately serve 15) 16) Drive-in d in a given situation, ,then, at a as a i.e., the transportation corridor should ures that give the appearance of tion of,` lGctric, water, sewer, gas and it the time major improvements or public strert and shall, where practicable, link I alks and pedestrian pathways. The sidewalks ::tree lawn at least 4 feet wide. In approving isu? " that a recorded instrument sets forth the .inure owners of the lots for maintenance and caping. Alternatively the Planning Board may a special district for the purpose of sidewalk and spaces provided should be the minimum necessary to ea use. alleys for deliveries and utility access should be established e-thru facilities shall be located at the side or rear of buildings and be used to minimize the visibility of such facilities. 17) Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-thru facilities. 18) Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing appropriate vegetation and/or fencing. § 210-29. Red Oaks Mill Neighborhood Services Center (ROMNSC) District. A) District Purpose. This district defines the commercial hamlet center at Red Oaks Mills. The uses within this district are intended to provide convenient shopping facilities of sufficient Page 77 Zoning Law Public Review Draft August 22, 2007 variety to supply daily requirements of adjacent residential areas. The size of any facility should be kept to a minimum to provide the service. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Animal hospitals. 2) *Bakery, no drive-in or drive-thru. 3) *Bank or financial services. 4) *Delicatessen, no drive-in or drive-thru. 5) *Health club. 6) *Laundry, laundromat. 7) *Libraries. 8) *Office. 9) *Personal service business. .struction ct to site D) Accessory uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Accessory buildings and structures, subject to §210-48. 2) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the ROIVINSC district shall be as follows: Page 78 Zoning Law Public Review Draft August 22, 2007 Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Height Area Width Front Yard Yard Yard Coverage Impervious (feet) (sq. ft.) (feet) (feet) (feet) (feet) (%) Surface (%) 20,000 N/A 25a 25 35 30% 80% 1 story or 30 feet 1) Multiple story buildings are prohibited. 2) On a lot no single retail use shall occupy ground floor space in excess of 20,000 square feet. F) Design standards: The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the ROMNSC District: 1) Sidewalks at the building(s) shall be required. 2) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared. parking facilities are filed with the county clerk as part of development plan approval 11'<- 3) Screening and landscaping. A hedge, fence o wall of a design and material subject to approval by the Planning Board, with a height of not less than six and, except in the case of planting screens, not more than eight feet, adequate to screen at all seasons of the year the operations conducted on the lot from the viewofany abutting residence district shall be installed along any residence d? trict boundary. 4) Flat roofs shall be avoided, excet w e. the size or type of xhe building requires a flat roof and fagade variations and o er arc%t+dettural features can disguise the flatness of the roof. Pitched roofs shall be tiled ork b'urci sin lieu of flat roofs to the extent k yin feasible. If pitche oofs are not feasila"`6or prat in a given situation, then, at a minimum, a ptc 6.of architect ural�eature shape required as a detail element, i.e., entry way (?r,tower eleti t to break the horizontal faoade. 5) For the redevelopment "a parcel, a landscaped buffer area of not less than 15 feet in depth shall be r� a ong the side yid and rear yard of any lot. In addition, a landscaped buffeee ono less tha b feet in depth shall be provided along the front Utilities shall be designed in _ccordance with an overall comprehensive signage plan in the size, materials, and color of wall mounted signage shall be g g appropriate to the 3ions and architectural appearance of the building to which it is affixed, or in the freestanding signs associated with. 8) Trash and`storag containers shall meet the requirements of §210-112. Enclosures shall be constructed of masonry walls with a steel gate and shall be compatible with the color of the walls I 'the building to which it is associated. 9) New or in -fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. 10) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 11) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. Page 79 Zoning Law Public Review Draft August 22, 2007 12) Setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. 13) Additions to existing buildings shall use materials and details complimentary with those incorporated in the parent structure. 14) New buildings, or additions to existing buildings, shall reflect any discernable pattern of window and door openings that is established among adjacent structures or is present in the existing building. 15) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows.'" 16) The utilization of ribbon or continuous strip glazing any building facade shall be avoided. Ow 17) All roof -mounted equipment shall be screened utilizing screens of a height equal to the height of the unit. 18) Any large building fagade and the sides viseeefrom a street shall mcorp garate changes in plane and architectural features that, $'fie:_ the appearance of seve%a1 common -wall buildings. 19) Major modifications to the existing landscape sus extensive grading, clear -cutting of trees, or other similar activitie ,shall be avoided tof" extent possible. 20) All streets shall be designed t the installation electric, water, sewer, gas and other utilities underground, ei ally or at th ,,,ri Vie. major improvements or upgrades are made to the street o . he • service. J 21) Where permitted, drive-in and driv ac' be located at the side or rear of buildings and 1, ing shall be u o reduce visibility of such facilities. 22) Cross -eased is sha used to p 'de shared access to parking and driveways 23) Off-street par a ots , o„ ding areas 11ccessory use structures or storage other than sheds shall be scre ' ro ,," W..e : d streets utilizing landscaping and/or fencing. § 210-3q ' Historic ezaliza evlopment District (HRDD). D"zkrict Purpose 7%'x1istrictIffiles to the former New York State Psychiatric Center on Route 11 in the Fairview_, ectioof the Town near the boundary with the Town of Hyde Park. Until such time as an plication for a Master Development Plan has been approved by the Town B as set fh in this section, no permits for the use of the property, or for constructi6k, -construction, or site work shall be issued. This district serves the following specific purp6U; ,,,.I, 1) Promote the preservation and adaptive reuse of Landmark structures in historic districts and historically significant open spaces. 2) Promote the preservation of open space by clustering of dwellings units and concentrating mixed development within a "new urban" design plan. 3) Promote a mix of commercial and residential uses within a planned community environment. 4) Promote pedestrian activity through a safe and walkable environment and establish, where appropriate, sidewalk connections to adjacent residential neighborhoods. B) Permitted uses within a National Landmark Building and contributing area, and designated or eligible Federal Historic Districts shall be as follows, with all uses subject to approval of a Page 80 Zoning Law Public Review Draft August 22, 2007 development master plan by the Town Board and site plan review and approval by the Planning Board: 1) Art Galleries, workshops or retail shops associated with arts, crafts or fine arts. 2) Artist's Live -Work facilities. 3) Bar, tavern. 4) Health club; indoor recreation facility; outdoor recreation facility. 5) Residential housing, which may be owner -occupied, provided for rental, or a combination thereof, and, if provided for sale, to be owned in fee simple, condominium, or cooperative ownership, which housing may include any of the following, a combination thereof: a) Dwelling, single family.a b) Dwelling, two-family. c) Dwelling, multiple family. 44611s d) Flats, studio, and residential apartment units located in mulamily dwellings, or in mixed use buildings., e) Combination building: A buildingConti" a c unit types, which may include any of the story apartments, any of which may be arra g of unit types. f) Mixed use building: a building"that combines one may include, without limitation, singly family att any or which may be arranged beside; ,above, or with other, non-residential, uses, including, vvit3 townhouses ovef or,, within buildings' partially `d( scale light indusiriator other non=iesidential use tion of two oi" ,�!,nfiore dwelling le -family attached, flats, two above, or under, other types ' re dwelling unit types, which rhe IZtS, two-story apartments, nder each other or in combination Dut limitation, residential flats or Toted to retail, commercial, small - as regulated herein. 6) Hotels, m6iels conference centers, "banquet facilities, inns, bed & breakfast establishments. -- 7) usr� 'ldings; pontaining combinations of two or more of the residential, ercial all scale light, industrial uses permitted in the HRDD. Business Professional Office. 10) nal service b; ness, no drive-in or drive-thru 11) Pub''' `_ semipubl uses such as live theaters, concert halls, arts cinemas [not exceeding 400 sel muse s or meeting rooms suitable for social, civic, cultural or educational activities, __,__, _- of religious worship. 12) Restaurant °no drive-in or drive-thru. 13) Retail uses providing goods and services primarily to the immediate neighborhood, including bakeries, banks, delicatessens, and personal services, no drive-in or drive-thru. 14) School-age child or elderly day-care facilities subject to Section 210-66. 15) Schools, nursery schools. 16) Service business, no drive-in or drive-thru. 17) Solely within buildings existing on the date of adoption of this local law, and not exceeding 25,000 square foot footprint, or 50,000 square foot total floor area, the following small-scale light industrial uses, provided that no permanent outdoor storage Page 81 Zoning Law Public Review Draft August 22, 2007 shall be permitted, as determined by the Town Board, and appropriate screening is provided: a) Cabinet or woodworking shops or similar crafting work with metal, stone, textile, clothes or ceramics, as approved by the Town Board. b) Non -processing storage facilities. c) Printing and publishing. d) Other uses as approved by the Town Board as part of a development master plan. C) Permitted uses in areas of the HRDD outside the National, "�"Iandmark Building and contributing area, and designated or eligible State and/or Feder "Historic District shall be as follows subject to approval of a development master plan b t*he Town Board and site plan review and approval by the Planning Board: Sma s� lightNat-'dividual e approved by the Town Board as part of a 'X developmen,masteg a similar impact to those allowed in subsection C above, provi��building housing such a use has a footprint greater than 2�5,tiand (2) that the maximum floor area per said building dt,s not exceed ` 00 square feet; and (3) no permanent outdoor storage shall be permitted, as determined by the Town Board, and appropriate screening is provided. 15) Acces's uses asproved by the Town Board as part of a development master plan. D) Development t plan required. Due to the unique nature of redevelopment of the no minimum or m' aum area and bulk requirements have been applied through this Chapter. As a result, noApplication for site plan, special use permit, subdivision, or variance approval for any development project in the HRDD shall be reviewed or approved until a development master plan has been approved by the Town Board in accordance with § 210-66 of this Chapter. In addition, with the exception of repairs and ordinary building maintenance, no building permit or certificate of occupancy shall be issued for any development project in the HRDD until a development master plan has been approved by the Town Board in accordance with § 210-66 of this Chapter. 1) Maximum residential density. a) Except as provided for under the bonus incentive provisions below, no more than 300 residential units shall be permitted within the HRDD property. Page 82 Zoning Law Public Review Draft August 22, 2007 b) As an incentive to facilitate and enhance the preservation and protection of open space and existing historic structures, an additional 150 residential units shall be permitted within the HRDD property provided: i) The approved master development plan preserves as permanent open space that portion of the HRDD property known as the "great lawn" consisting of _ approximately 18 acres of contiguous open space located generally to the west of the main historic building complex; and ii) The approved master development plan preserves for adaptive reuse the remaining portion of the National Landmark Building consisting of ±269,099 square feet. ; c) As an incentive to provide greater non -retail commercial square footage within the property, an additional 100 residential units shal) "be' permitted within the HRDD property provided: i) The approved master development minimum of 100,000 square feet of of d) Under no circumstance shall more HRDD property. Approval for an discretion of the Town Board recommendation. construction of a 50 residential units be permitted within the -ntial units, beyond 550 shall "be at the sole consideration of the Planning Board's e) The preservation and adaptve reuse of the %minimum square footage ' office space phasing plan approved by the io"Board. 2) Maximum non-residential devlm,19 ent `y dei development density shall be 350:V, square �A density beyond � 00 shall be„lie sole consideration,of the P"ina Board s recommeni structure and provision of the phased in accordance with a maximum non-residential val for any non-residential of the Town Board after 3) Area anq' 1„equireii tints. Area and bulk requirements for both residential and non residential used incipE and accessory), including minimum lot area, minimum yards, minimum setbai .and zo b and lob standards shall be determined and approved b Boar y� its sole acretion after consideration of the Planning Board's `� cowmen In considering ,F aster dev lopment plan application, the Town Board shall determine Nether the ap bion me the criteria for approval of a development master plan and 1 also establ any conditions of approval. Conditions of approval may include 5) The"T"* * mum residential and non-residential development density of all phases of a ,> develop m 9er plan shall be determined and approved by the Town Board, in its sole discr'” nd after consideration of the Planning Board's recommendation. The Town Boar...,shall also establish its requirements with respect to land use intensity and/or dwelling unit density, lot and bulk standards, signage standards, and the land uses that will be permitted, including any accessory uses. In considering the application, the Town Board shall determine whether the application meets the criteria for approval of a development master plan and shall also establish any conditions of approval. Conditions of approval may include, without limitation: a) Restrictions on the quantity, type and location of each permitted land use; b) Responsibility for implementation of on-site and off-site infrastructure improvements demonstrated as necessary to service the master development plan project; Page 83 Zoning Law Public Review Draft August 22, 2007 c) Provisions for the permanent preservation, and maintenance of required open spaces and buildings or sites of significant historical and/or archaeological value; d) The establishment of standards, including design, performance and/or bulk standards, as determined appropriate by the Town Board, to govern the future approval of detailed subdivisions and/or site plans for individual sections of the proposed development by the Planning Board; e) Requirements related to the phasing, timing and/or sequencing of the proposed development and related improvements; f) Any other items relating to the health, safety and general welfare of the public. 6) Pursuant to the approval or conditional approval of a deve mentmaster plan the Town Board may enter into a development agreement with t licant. The purpose of such development agreement shall be to establish, in in d for the benefit of both parties, the specific parameters of the approval vh has even granted by the Town Board and upon which the applicant may rely iroceeding to arrx a the financing and construction of the planned development, including any public impi*y ments and/or land dedications required in connection therev�nth E) Design standards for the HRD District 1) Comprehensive Design. The HRD District a1f6i7qIbility to encourage' innovative site planning and design. The planning process s begin with an overall conceptual development plan (i.e. the development master pi -for the entire HRDD tract. This plan will address overall desig n ppr priate treat me - various land uses, and plans for ingress, egress, internal tra� 6,4,6 on and utih " rtV., ce. Where portions of the proposed development are located in d event geograp " or topographic areas, the conceptual development plan shall describe ,th ranges of uses in each distinct area, and how such areas will be separated or connected, as the 'case may be. After approval of the conceptual development plan, the reds eiopment of,& HRD District may be divided into HRDD section's that coxtain various land use elements (e.g., commercial, residential, small-scale light industrial, etc.), and each HRDD section will be the subject of individual site plans and review. 2) Des tan dards applicab%%t© al1-1, uildyzigs and uses. YTse" ` sed for property abutting land developed for or zoned for residential use shall in' a one .,hundred (100) foot setback from the adjoining district. The setback shd landscaped to a depth of not less than twenty-five (25) feet in a ' location as a ved by tine Town Board. The landscaping shall consist of a mixture ,q evergreen a ::deciduous plantings. In approving a development master plan the sn Board 11 use its discretion to establish appropriate landscape buffer acks for -development projects involving the adaptive reuse or the red6V1 1,m of existing structures and previously disturbed land areas. b) Architeal elements shall be used to provide visual interest and promote I integration of design elements. c) Groups of related buildings shall be designed to present a visually attractive appearance in terms of combination and juxtaposition of architectural style and massing of buildings. d) Shared parking facilities are encouraged. The Planning Board shall ensure that appropriate cross easements for use and ingress and egress to shared parking facilities are filed with the county clerk as part of development plan approval. Where appropriate the Planning Board may allow on -street parking provided the street width is adequate to safely accommodate on -street parking. Page 84 Zoning Law Public Review Draft August 22, 2007 e) Building lines shall be varied to the extent practical to provide an interesting interplay of buildings and open spaces. f) The layout of residential areas shall create neighborhoods of appropriate scale and design, providing entrance features, landscaping, pedestrian and vehicular circulation, suitable to the type of housing provided. The Town Board shall find that the size and massing of any building, the number of residential units in each building and neighborhood grouping of buildings is appropriate. The use of a mix of residential building and housing types is encouraged. g) New buildings shall be designed with consideration of their,,, appearance from vantage points both within and outside of the HRD District. Form, cale and massing of new buildings shall not overpower the National Landmkrk Building or any other contributing building.., h) Residential neighborhoods shall include pedestx7an circulate n and connection to the other elements of the HRDD, including the shopping, re cr tion, and other support services that serve the residential componen ' lsuch a system may include paved or unpaved walkways and bikeways of appropriate width to serve, their intended function. ..:...: i) Appurtenances on buildings and auxiliary tructures, such as mechanical equipment, water towers, carports, garages or storF,buuildings, shall receive architectural treatment consistent with that of principal bindings. j) The Planning Board shall 86nduct an architectural review as part of site plan review. �, F) Additional Design standards for Nailanal i�az�dmark Buildings and`contributing buildings. Not* 1) The portion of the Development P f whieliuYers the National Landmark Building and its contributing area, or any de nated or `��1x 1 '' State and/or Federal Historic Districts, inclu new construtti therein,' N ould follow traditional patterns of developmen F th ent provis ns for pe bststrian activity, which may include village sq , sidewa t and other walking paths and alleyways. 2) The applican all prepare and submit to -A e Planning Board, for approval as part of site plan review f herra.P ' 0 ' at on, proposed design guidelines for architectural design elements, inclg sca , massing, details, materials, and color for any aspects of �e burr 9--maBible �at ublic streets, paths, or parks. Design guidelines shall also be s ' '' submitted to cover lana, -e layout, location, and materials, and street and landscape 5 lighting. The gu%elines m�, provide for flexibility of standards in individual cases that do not impair tliaImplemeritation of the overall design concept. The Planning Board may ,,also require that the design guidelines address specified bulk, location, or parking design elements relating to the development. The Planning Board may require that any required ,design guidelines be referred to as part of the recorded homeowners association (HOA) artmdomirium documents. 3 The app lic shall demonstrate to the PlanningBoard that the State Historic �":. Preservation Officer (SHPO) and, where applicable, the National Park Service (NPS), have been consulted regarding any proposed exterior alteration of the Landmark Building or a contributing building, and regarding design guidelines for infill development in the eligible National Register District. 4) Site Plan Criteria. The site plan for a HRDD project shall conform to the site plan design standards as set forth in §210-152 of this Chapter. 5) Nothing herein shall be construed as to prevent the issuance of a building permit for repair of a building or structure so long as such repair does not result in the expansion of said building or structure, and the repair is necessary to prevent the deterioration of the building or structure or to prevent or remove an unsafe condition. Page 85 Zoning Law Public Review Draft August 22, 2007 § 210-31. Greenspace Overlay District (G-0). A) Purpose. The Greenspace Overlay (G -O) District established in Article III of this Chapter provides a critical link between the "major greenspace parcels" and "existing public parkland" identified in the Town Plan, the stated policy preference for open space instead of development use of substantial portions of these lands, and the regulations set forth in this Chapter concerning land use, including open space conservation and the type, density and location of permissible development, within the G-0 District. B) Uses. Notwithstanding the regulations applicable to the underlying zoning district within which the property is located, within the G*0 District only the following uses are permitted. Permitted uses shall be as follows (Note: designates a use vo is subject to site plan E_ approval by the Planning Board:,;F uM 1) *Dwelling, single-family. 2) *Parks.s 3) *Public utility structures, subject to §210-96. C) Special permitted uses shall be as follows (Notef "*" designates a use which is subject to site plan approval by the Planning Board: 1) *Agriculture excluding farm animals, subject'`to §210 5 2) *Home occupations, subject to §210-74. 3) *Recreational clubs, subject to' .p -65. 4) *Recreation, outdoor, subject to } D) Accessory uses shall be as follows: 1) Accessory buildings and structures, b' to §2 E) The area and bulk Tegulatiohs for the G-0 'strict shal ' e as follows: v Yy Minimum Lot Minimum Minimum Minimum Sides' um Rear Maximum Lot Maximum Maximum Area Width Froat�ar Fy Yard Yard Coverage Impervious Height 46 (acres) eet) {}�eet) �� (feet) (%) Surface (feet) 1 10 50 75 4% 8% 35 feet or 2.5 .� stories F) Maxie density uni � alculation. The maximum number of Density Units (i.e. units per acre or ' in any j#hjor or minor subdivision shall not exceed the maximum allowable DU, as calc'" Vinic�'�177-15 of the Subdivision Law. G) Incentives not "able. Properties located in the G -O District are ineligible for the additional incep ve densities of §210-76 of Chapter 210. § 210-32. Reserved Page 86 Zoning Law Public Review Draft August 22, 2007 ARTICLE VI BUSINESS AND COMMERCIAL DISTRICT REGULATIONS § 210-33. Neighborhood Business (B -N) District. A) District Purposes. The purpose of this district is to provide convenient shopping facilities of sufficient variety to supply daily requirements of adjacent residential areas. The regulations are designed to limit the size of business and commercial facil' 'es to a scale that is in keeping with the character of nearby residential districts. B) Permitted uses shall be as follows (Note: "*" designates approval by the Planning Board: x 1) *Bakery, retail. 2) *Bank or financial services with or without drive4 1 3) *Delicatessen. tea_ 4) *Laundry, Laundromat. 5) *Libraries. 6) *Office. X 3; 7) *Personal service business, no drsve-ln or drive-thru. 8) *Public utility structure, subject 9) *Retail business, no drive-in or i 10) *RestaurantXd ive u� or drive-thru ,, 11) *Service business, no drive-in or drive -t] 12) *Places of religious worsiup, subject to § 13) *Vet�ary office:; , hich is subject to site plan ve-thru. C) S 40' perm Fguses shall be as follows (Note: "*' designates a use which is subject to site n approval b M„lannirig'Board: not occupying any ground floor area, subject to 2) * 1 hospital, sject to §210-52. 3) *Bar, , , subiedt to §210-54. 4) *Day-care "'rr '; subject to §210-66. 5) *Funeral ho e, subject to §210-71. 6) *Motor vehicle accessory sales, subject to §210-86 7) *Motor vehicle repair facility, subject to §210-87. 8) *Motor vehicle service facility, subject to §210-90. 9) **Nursery school, subject to §210-66. 10) *Outdoor restaurant dining area. 11) *School-age child-care facility, subject to §210-66. 12) Swimming pools (public), subject to §210-108. Page 87 Zoning Law Public Review Draft August 22, 2007 D) Accessory uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Accessory buildings and structures, subject to §210-48. 2) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the B -N district shall be as follows: Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Area Frontage Front Yard Yard Yard Coverage Impervious Height (sq. ft.) (feet) (feet) (feet) (feet) (%) ,sem Surface (%) (feet) 15,000 50 15 25 35 310% __' .. 75% 35 feet or 2 % stories 1) On a lot no single retail use shall occupy ground floor, ,ace 6 xcess of 6,000 square feet. 2) Unless approved by the Planning Board, parki read of principal structures. dl F) Design standards. The following guideline subdivision review of any new development'] 01 District The Planning Board shall use its guidelines an adaptive reuse project. All red( set forth herein. s111 be located to the side or to the be applied during "tie site plan and nvolving undeveloped46d in the B -N do to the applica°llity of these e ' protects shall mee the standards 1) A landscaped buffer area of n s than 10 feet irk depth shall be provided along the front yard, side yard, and re of any lot, a where the non-residential development abuts a property 1 use in case the setbacks and landscaping for non-residential a mix evelopents shall be subject to the requirements of §210-152(A)(2) o t ha ads, pathways, and sidewalks providing accegg.4, :,_'1 the buffer ermitted. 2) Utilities s e place derground. 3) Signs sHall signe accordance 'an overall comprehensive signage plan in which the size, ri color of w mounted signage shall be appropriate to the dimensions and Z ctuof the building to which it is affixed, or in the 4) Trash and 66" cont shall meet the requirements of §210-112. Enclosures shall be constructed "Wilasonry with a steel gate and shall be compatible with the color of the walls of the iuilding which it is associated. 5) Sidewalks of not loo -than five (5) feet in width shall be provided along any street and shah; mere practiUble, link with existing and future potential sidewalks and pedestrian pathways; The siwalks shall be separated from the street by a tree lawn at least five O feet 5 dtlIn approving sidewalks the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair. 6) New or in -fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. 7) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. Page 88 Zoning Law Public Review Draft August 22, 2007 8) Additions to existing buildings shall use materials and details complimentary with those incorporated in the parent structure. 9) New buildings, or additions to existing buildings, shall reflect any discernable pattern of window and door openings that is established among adjacent structures or is present in the existing building. 10) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 11) The utilization of ribbon or continuous strip glazing in any building facade shall be avoided. 12) Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and facade variations and other architectural feaure6 darn disguise the flatness of the roof. Pitched roofs shall be used on buildings, in heu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical , in a given situation, then, at a minimum, a pitched roof architectural feature shall'be required as a detail element, i.e., entry way or tower element to break the horizontal facade. 13) All roof -mounted equipment shall be screeined utilizing screens of a heigh(equal to the height of the unit. W. 14) Major modifications to the existing landscape such"as extensive grading, clear -cutting of trees, or other similar activities shall be avoided to the,extent possible. 15) All streets shall be designed to other utilities underground, e upgrades are made to the street 16) The number of adequately serN 17) The total parking, ° shall be s 18) VA 20) street par: she ".:shall be § 210-34. Neigh parking ided use. of required parking more than ten (10) t from.each.other by a ;allation of'electric, water, sewer, gas and or at the'` time major improvements or 4 be the minimum necessary to shall be broken up into smaller "blocks" of spaces per parking block. Parking blocks abed area no less than 5 feet wide. and utility access should be established to provide shared access to parking and driveways ind`loading areas, accessory use structures or storage other than from walkways and streets utilizing landscaping and/or fencing. ighway Business (B -NH) District. A) District PurposW. The purpose of this district is to provide a variety of shopping and commercial facities for adjacent residential areas and the community at -large where the lot has frontage on a major state or county highway. The regulations are designed to limit the size of business and commercial facilities to a scale that is in keeping with the character of nearby residential districts while allowing a greater variety of business uses than would otherwise be allowed in a neighborhood business district. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Bakery, retail. 2) *Bank or financial services with or without drive-in, drive-thru. Page 89 Zoning Law Public Review Draft August 22, 2007 3) *Delicatessen. 4) *Inn, subject to §210-77. 5) *Laundry, Laundromat. 6) *Libraries. 7) *Office. 8) *Personal service business, no drive-in or drive-thru. 9) *Public utility structure, subject to §210-96. 10) *Recreation, indoor, private, not specifically mentioned. 11) *Retail business, no drive-in or drive-thru. 12) *Restaurant, no drive-in or drive-thru. 13) *Service business, no drive-in or drive-thru. r 14) *Places of religious worship, subject to §2101 15) *Veterinary office. Q Special permitted uses shall be as follows (Note: "* desi na' et plan approval by the Planning Board: 1) Owner occupied accessory apartments not occupy zany §210-46. 2) *Animal hospital, subject to 3) *Bar, tavern, subject to §210-54. 4) *Day-care center,subject to §210-66� 5) *Funeral home, subject tx� §210-71. 6) *Motor vehicle accessory sales, subject to §210-86 '0 *Motor vehicle repair faciltly subject to §210-87. 8)Mu sales and service facility, subject to §210-89. 9. *Motor vehi ce facility,subject to §210-90. ursery schodlK a use which is` subject to site ground floor area, subject to 11)ttdoor restaura alining area. 12) *PeiWartal service b, _' iness, with drive-in or drive-thru. kV 13) *Retail�u ess with drive-in or drive-thru. 14) *Restaurant;th drive-in or drive-thru. 15) *Service business, with drive-in or drive-thru. 16) *School-age child-care facility, subject to §210-66. 17) Swimming pools (public), subject to §210-108. D) Accessory uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Accessory buildings and structures, subject to §210-48. 2) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the B -NH district shall be as follows: Page 90 Zoning Law Public Review Draft August 22, 2007 Minimum Lot Minimum Lot Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Area Frontage Front Yard Yard Yard Coverage Impervious Height (sq. ft.) (feet) (feet) (feet) (feet) (%) Surface (%) (feet) 20,000 100 25 25 35 25% 75% 45 feet or 3 stories 1) On a lot no single retail use shall occupy ground floor space in excess of 18,500 square feet. In the case of an adaptive reuse of a structure in existence as of the date of adoption of this Chapter no single retail use shall occupy ground floor space in excess of 28,500 square feet. ...,. _..,, 2) The continuous ground level frontage of a commercial length along any frontage exposed to a street, public level commercial uses larger than 9,000 square feet'. structure or be architecturally designed to appear as of small buildings that helps to further prevent the vi single, large commercial use. 3) Unless approved by the Planning Board,. parking sh rear of principal structures. F) Design standards. The following guidelines subdivision review of any new development pi District. The Planning Board shall use its guidelines an adaptive reuse project rede set forth herein. a exam 1) A landscaped buffer area of not less t] front yard, side yard, and rear ya.rc development abu -.,'property in `re landscaping r non r�si iential and `i requirem210 15 (A)(2) of tl Drovidin ace T:thrOURlx he buffer are in'in excess of 60 feet in parking area and ground -ontained in a mixed-use ape composed of a variety mance or appearance of a be located to the, side or to the J.ppl ed during the site plan and ving undeveloped land in the B -N �;_as to the applicability of these affects shall meet the standards ::0 deet in depth shall be provided along the �W ._., an . bt, except where the non-residential mtial ugf�"in which case the setbacks and ;d use developments shall be subject to the Chapter. Roads, pathways, and sidewalks 2) Utilities shall be b,,aced uncierground00 3) Signs,' igns shaj % design in accordari a with an overall comprehensive signage plan in which thesizOA material ;and color of wall mounted signage shall be appropriate to the dimensions anc�rchitectu"mai;,=appearance of the building to which it is affixed, or in the case of freestandtag.signs a s ciated with. 4)Trash and storage containers shall meet the requirements of §210-112. Enclosures shall be eoristructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which it is associated. 5) Sidewalks,o natless than five (5) feet in width shall be provided along any street and shall, where acticable, link with existing and future potential sidewalks and pedestrian pathways. The sidewalks shall be separated from the street by a tree lawn at least five (5) feet in width. In approving sidewalks the Planning Board shall ensure that a recorded instrument sets forth the responsibility of the applicant and the future owners of the lots for maintenance and repair of the new sidewalks and landscaping. Alternatively the Planning Board may request that the Town Board establish a special district for the purpose of sidewalk and landscaping maintenance and repair. 6) New or in -fill construction should be designed so as to be compatible with the general character of buildings on the street frontage. The setback, height, bulk, gable and pitch of roofs, use of porches, shutters and other exterior design elements should result in an overall design that complements the existing character of the streetscape. Page 91 Zoning Law Public Review Draft August 22, 2007 7) The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged. 8) Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use. 9) Additions to existing buildings shall use materials and details complimentary with those incorporated in the parent structure. 10) New buildings, or additions to existing buildings, shall reflect any discernable pattern of window and door openings that is established among adjacent structures or is present in the existing building.. 11) The construction of any blank, windowless facade facing,"rridor that provides frontage for the lot on`which the building is located is prohibited facades that face a street, parking lot or public area shall have windows.v; 12) The utilization of ribbon or continuous stri a g °in any hin ding facade shall be avoided... 13) Flat roofs shall be avoided, except whe size or a of the buildl&" requires a flat roof and fagade variations and other arch al fe es can disguise a flatness of the roof. Pitched roofs shall be used on b heu of flat roods to the extent feasible. If pitched roofs are not feasible or pr" 1 in a given situation, then, at a minimum, a pitched roof architectural feature sh equired as a detail element, i.e., entry way or tower element to ";tbie horizontal fa 14) All roof -mounted equipment sha zb7ENs reened utilizing ns of a height equal to the height of the unit. 15) Any large building fa ade and the si4es,V ble from" street shall incorporate changes in y; plane and archrt'd features thV(give the "appearance of several common -wall buildings 16) Major modifications to existing landscape such as extensive grading, clear -cutting of trees, or other'i actrvities shall be avoided to the extent possible. 17)d' be cles�gned operm the installation of electric, water, sewer, gas and ;. " er underground, either initially or at the time major improvements or J1 upgrades ar ` e to the street or the particular service. ,The number of reet parking spaces provided should be the minimum necessary to A eduately serve intended use. 411 , 19) Th number " required parking spaces shall be broken up into smaller "blocks" of park ,, th no re than ten (10) parking spaces per parking block. Parking blocks shall be at , , rom each other by a landscaped area no less than 5 feet wide. 20) Where prat" le, service alleys for deliveries and utility access should be established along rear property lines. 21) Where permitted, drive-in and drive-thru facilities shall be located at the side or rear of buildings and landscaping shall be used to reduce the visibility of such facilities. 22) Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-thru facilities. 23) Cross -easements shall be used to provide shared access to parking and driveways whenever possible. 24) Off-street parking lots and loading areas, accessory use structures or storage other than sheds shall be screened from walkways and streets utilizing landscaping and/or fencing. Page 92 Zoning Law Public Review Draft August 22, 2007 § 210-35. Highway Business (B-H) District. A) District Purposes. This district is designed to provide areas for commercial establishments that typically require direct auto access to and visibility from a major arterial highway. Specifically, the intent of this district is to: 1) Provide appropriate locations and regulations for commercial uses which require large amounts of land area for storage, parking and other site requirements. 2) Accommodate those commercial uses which do not characteristically function well as part of regional or community shopping centers. fan 3) Provide for those unique commercial uses which must hada,*highway locations for economic survival. 4) Provide regulations that ensure the visual and fund'16W. compatibility of highway business uses with surrounding land uses.., 5) Provide for the coordinated and con( commercial uses at appropriate location a. 6) Provide for the coordinated developmen regional and community commercial uses`' B) Permitted uses shall be as follows (Note: approval by the Planning Board: 1) *Bakery, retail. highway business use in the Town. 12) *G61f6purses, subjedk to §210-73. 13) *Hotel, it tel, subb ect to §210-75. 14) *Indoor re on. 15) *Inn, subjecto §210-77. 16) *Laundry, Laundromat, dry cleaner. 17) *Mobile home sales, subject to §210-85. 18) *Motor vehicle accessory sales, subject to §210-86. 19) *Museums. 20) *Nurseries, greenhouses and vegetable stands. 21) *Office. highway oriented which is su to §210-59. mayor to site plan 22) *Outdoor recreation, including miniature golf courses, archery ranges, driving ranges Page 93 Zoning Law Public Review Draft August 22, 2007 and skating rinks. 23) *Personal service business, with or without dri 24) *Places of religious worship, subject to §210-94 25) *Public utility structures, subject to §210-96. 26) *Restaurant, with or without drive-in or drive-thru. 27) *Retail business, with or without drive-in or drive-thru. 28) *Service business, with or without drive-in or drive-thru. 29) *Shoe store. 30) *Supermarket. 31) *Swimming pool and pool accessory sales. 32) *Veterinary offices. Q Special permitted uses shall be as follows (Note;,,`,"'4" designates a use whic is subject to site plan approval by the Planning Board: 1) *Animal hospitals, subject to §210-52. 2) *Bar, tavern subject to §210-54. �f 3) *Day-care centers, subject to -66. 4) *Kennels, subject to §210-78. 5) *Motor vehicle rental facility, sub t to 6) *Motor vehicle repair facility, subje to 7) *Motor vehicl ervice, subj to §210-8 8) *Motor ve service ity, subject t 210-90. 9) *Nursery sch " bjec 210-66. 10) *Outdoor" restaur ' pq T , y"' ung " 11)�ecreafi �ttbs, suSW §210- 12) *School-age child-care faject to §210-66. 13) 'Warehousing, s'. a burhsubject to §210-115. ' *�� J D Accessoruses shall(Note: designates s follows: a use which is subject to site plan approval'§the Plannuag Board): 1) *Access*5buildr is and structures, subject to §210-48. 2) *Bus passer shelter. Aft 3) *Parking garage. 4) *Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the B-H district shall be as follows: Minimum Minimum Lot Minimum Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Lot Area Frontage Lot Depth Front Yard Yard Yard Coverage Impervious Height (acres) (feet) (feet) (feet) (feet) (feet) (%) Surface (%) (feet) 2 200 400 40 40 40 25% 75% 45 feet or 3 stories Page 94 Zoning Law Public Review Draft August 22, 2007 1) On a lot no single retail use shall occupy ground floor space in excess of 55,000 square feet. 2) The continuous ground level frontage of a single commercial use building in excess of 80 feet in length on any frontage exposed to a street, public space or parking area and ground level commercial uses larger than 20,000 square feet shall be contained in a mixed-use structure or be architecturally designed to appear as a streetscape composed of a variety of small buildings that helps to further prevent the visual dominance or appearance of a single, large commercial use. 3) Unless approved by the Planning Board, parking shall be located to the side or to the read of principal structures. A , F) Design standards. The following guidelines shall be ap I ed during the site plan and subdivision review of any new development project invol, developed land in the B-H District. The Planning Board shall use its discretes as >, , e applicability of these guidelines an adaptive reuse project. All redevelopment project 1 meet the standards set forth herein. 1) A landscaped buffer area of not less than :36 feet in depth shall be -V17— ; 'ded along the front yard, side yard, and rear yar 3 ` , ny lot, ° except where the "'W4- dential development abuts a property in reside use which case th V etbacks and ,, landscaping for non-residential and mixed ti'; " d_ yelopments shall be subject to the requirements of §210-152(A)(2) of this Chap ` " Roads, pathways, and sidewalks providing access through the buffer are permitted. 2) Utilities shall be placed 3) Sidewalks shall be provided along any J with existing and future potential sidew shall be separated from the street'* a sidewalks the Plaiiiuig „Board shall ens repair of zne request that landscaping i 4) 61n2 AMI. as be The adaptive 6) 7) of the applicant and the, j new sidewalks and landsc ie Town Board establish a iubh-1c street an&�"49 fall, where practicable, link alkspeed striae pathways. The sidewalks tree lawn least 4 feet wide. In approving ure that recorded instrument sets forth the 'uture owners of the lots for maintenance and aping. Alternatively the Planning Board may special district for the purpose of sidewalk and i; commons, or small pedestrian plazas with amenities is encouraged. is encouraged. ►racticabl sting"tree rows and hedgerows, stonewalls, and similar features retainee development of any new use or the expansion of any existing use. *-'buildings shall use materials and details complimentary with those Wp L6 parent structure. 8) New building' or additions to existing buildings, shall reflect any discernable pattern of window andd'door openings that is established among adjacent structures or is present in the existing building. 9) Trash and storage containers shall meet the requirements of §210-112. Enclosures shall be constructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which it is associated. 10) The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 11) The utilization of ribbon or continuous strip glazing in any building facade shall be avoided. Page 95 Zoning Law Public Review Draft August 22, 2007 12) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs associated with. 13) Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and faeade variations and other architectural features can disguise the flatness of the roof. Pitched roofs shall be used on buildings in lieu of flat roofs to the extent feasible. If pitched roofs are not feasible or practical in a given situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entry way or tower element to break the horizontal fagade. 14) Any large building faeade and the sides visible from a stre shall incorporate changes in plane and architectural features that give the appe ce of several common -wall buildings. 15) All streets shall be designed to permit the installatbx of electri ;water, sewer, gas and other utilities underground, either initially,00 Ile e time major improvements or upgrades are made to the street or the particu ar service. F " 16) The number of off-street parking spaced vided shall be the muiiup3 necessary to adequately serve the intended use. IV Na 17) The total number of required parking spaces shallA broken up into smaller "blocks" of parking, with no more than 20, parking spaces per parking block. Parking blocks shall be separated from each other by a `lan� Adscaped area no l an 5 feet wide. W 18) Where practicable, service alleys for celiveries and utih ess should be established along rear property lines., f _.. 19) Where permitted, drive-in and drive4hru facilities shallbe located at the side or rear of buildings and landscaping should be usedto reduce Mie visibility of such facilities. �. 20) Pedestrian safety and"in ernal vehicui6 circulation must be considered in the design of any drive-thru facilities'4111 21) Cross-easements"s;should',be used to provide shared access to parking and driveways whenever possible f ��. 3 2 street parking lots and loading areas, accessory use structures or storage other than sheds shall r reened from walkways and streets utilizing appropriate vegetation and/or fencing�a'" 23Y -M, .roof -mounted ' ipment shall be screened utilizing screens of a height equal to the haO t of the unit.°\ 04 § 210-36. Shopp "1111 Ce r Business (B -SC) District. A) Purpose. The ose of this district is to provide locations suited to the requirements of multi -community or regional shopping. The shopping center depends upon the interrelationship of a variety of commercial establishments for its economic vitality, all of which are included in the list of permitted uses. Shopping centers depend almost entirely on automobile traffic, hence the necessity for large sites on major arterial highways, where neither the traffic they generate nor the vast parking areas they require will interfere with the amenities of any adjacent and, in particular, residential land use. Shopping centers should be comprised of a physically or architecturally integrated complex of stores or buildings. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: Page 96 Zoning Law Public Review Draft August 22, 2007 1) *Amusement machine complex. 2) *Bakery, retail. 3) *Bank or financial services. 4) *Bowling alley. 5) *Club, health and fitness. 6) *Laundromat, dry cleaner. 7) *T.ihrariPc 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) C) Special permifte4!uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by i�c B�Iann* Board 1) *Communication towers an "radio tatio is, subject to §210-64. 5) *Motor vehicle sales;and service, subject to §210-89. 6) *Motor vehicle service facility, subject to §210-90. D) Accessory uses shall be as follows (Note: "*" designated a use which is subject to site plan approval by the Planning Board: 1) *Accessory buildings and structures, subject to §210-48. 2) *Bus passenger shelter. 3) *Garage, commercial. 4) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the B -SC district shall be as follows: Page 97 Zoning Law Public Review Draft August 22, 2007 Minimum Minimum Lot Minimum Minimum Minimum Side Minimum Rear Maximum Lot Maximum Maximum Lot Area Frontage Lot Depth Front Yard Yard Yard Coverage Impervious Height (acres) (feet) (feet) (feet) (feet) (feet) (%) Surface (%) (feet) 15 500 600 100 100 100 25% 75% 55 feet or 3 stories 1) Unless approved by the Planning Board, parking shall be located to the side or to the read of principal structures. F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving un�eloped land in the B -SC District. The Planning Board shall use its discretion as 114 the"'applicability of these guidelines an adaptive reuse project. All redevelopment s shall meet the standards set forth herein. A'; . 1) A landscaped buffer area of not less than 30 fe t iffi depth s 1 a provided along the front yard, side yard, and rear yard of a t; kept whe� the non-residential development abuts a property in reside tial use in which casey�he setbacks and landscaping for non-residential and m*, use developments shall "te_subject to the requirements of§210-152(A)(2)of t ter. ads q pathways,sidewalks providing access through the buffer are perm 2) Where practicable, existing tree rows and hedges'. s, stonewalls, and similar features should be retained in the development of any new'^ -or the expansion of any existing use. 3) The development of parks, commons, o€11small pedestrian zas with amenities such as benches and landscaping is enc oura ed. � w3 4) Utilities shall be placed underground 5) Sidewalks shall be 'provided along any; public street and shall, where practicable, link with existing and futt x -;potential sidewalks and pedestrian pathways. The sidewalks epar shall be sated from "the street by a tree lawn at least 4 feet wide. In approving sidewalks the Plan inBoard shall ensure that a recorded instrument sets forth the resko , ility of tb.e appl can suture owners of the lots for maintenance and ew sidewalks and"14h caping. Alternatively the Planning Board may establish a disti c* fpr' the purpose o dewalk end itudscaDing mai"' nancaand 6) The Won of a e pedestrian environ" is rincipal goal of the To " , The design of parking lot access driveways, and streets shall be designed to avoid and minimize the potential for pedestrian/vehicle conflicts. Commercial developments may use small green spaces, courts, 7) Trash and storage containers squares, parks, plazas, and similar spaces that can also function shall meet the requirements of as community gathering places to provide transitions and §210-112. Enclosures shall be ensure compatibility with surrounding non-commercial uses. constructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which it is associated. 8) The construction of any blank, windowless facade facing a corridor that provides frontage Page 98 Zoning Law Public Review Draft August 22, 2007 for the lot on which the building is located is prohibited. All facades that face a street, parking lot or public area shall have windows. 9) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. All signage shall be subject Planning Board review and approval. 10) All streets shall be designed to permit the installation of el ex water, sewer, gas and other utilities underground, either initially or at the, a major improvements or upgrades are made to the street or the particular servicq, 11) The number of off-street parking spaces provided should bd the minimum necessary to adequately serve the intended use. a 12) The total number of required parking spaces hail e broken up 1ntCY� aller "blocks" of parking, with no more than 20 parking spates per parking block. P `" 3=" blocks shall be separated from each other by a landscaec Ea no less,than 5 feet wide. 13) No structure shall be located within 1001 district 14) Flat roofs shall be avoided, except where the siti#'', type of the building requires a flat roof and fagade variations and other architectura ures can disguise the flatness of the roof. Pitched roofs shall be' used on buildings heu of flat roofs to the extent feasible. If pitched roofs are not feasible,, or practical "14ven situation, then, at a minimum, a pitched roof architectural feature shall be required as a detail element, i.e., entry way or tower element to break the hon zontdl fagad A clear, on-site system of pedestrian walkways must be provided. The pedestrian system must connect buildings to one another, to parking areas, and to public streets and sidewalks. Page 99 Zoning Law Public Review Draft August 22, 2007 acres.. YES 30 feet max Page 100 Zoning Law Public Review Draft August 22, 2007 § 210-37. Office Research (O -R) District. A) Purpose. The Office Research District is comprised of a grouping of a select number of special low -intensity industrial and commercial uses. With the imposition of stringent site development regulations, this district is an ideal transition zone between industrial zones and residential neighborhoods because of the buffering effect provided by the extensive landscaping requirements. However, it is important that 0-R Zone sites be located with direct access to major arterial highways in order to manage the traffic such development generates. B) Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board: 1) *Bakery, wholesale. 2) *Bank or financial services. 3) *Business parks, subject to §210-60. 4) *Club, health and fitness. ' 5) *Golf courses, subject to §210-73.� 2) *Bis�assenger shelter. 3) *Gera ommer 4) *Parkin g 5) Temporary i1ldings for construction purposes, subject to §210-109. E) The area and bulk regulations for the O -R district shall be as follows: Minimum Minimum Lot Minimum Minimum Minimum Side Minimum Maximum Lot Maximum Maximum Lot Area Frontage Lot Depth Front Yard Yard Rear Yard Coverage Impervious Height (acres) (feet) (feet) (feet) (feet) (feet) (%) Surface (%) (feet) 6 500 600 200 100 100 25% 75% 45 feet or 3 stories 1) Unless approved by the Planning Board, parking shall be located to the side or to the read of principal structures. Page 101 Zoning Law Public Review Draft August 22, 2007 F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the 0-R District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. 1) A landscaped buffer area of not less than 60 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. Roads, ` _thways, and sidewalks providing access through the buffer are permitted. 2) Sidewalks of not less than five (5) feet in width shall vided along any street and shall, where practicable, link with existing and futur- to sidewalks and pedestrian pathways. The sidewalks shall be separated from stree tree lawn at least five (5) feet in width. In approving sidewalks t,-' 1 ing Boal' ;shall ensure that a recorded instrument sets forth the responsib' y o he applicant the future owners of the lots for maintenance and rep of the new sidewalk d landscaping. Alternatively the Planning Board may t that the Town Board e'" a special district for the purpose of sidewalk an an ng m- enance and rep, 3) Trash and storage containers shall meet the req ents of §210-112. Enclosures shall be constructed of masonry walls with a steel gate shall be compatible with the color of the walls of the building to "' it is associated. ' 4) Parking shall be located in the rside(s) of cipal structure. 5) Signs shall be designed in accor ceoverall mprehensive signage plan in which the size, materials, and colo of mounted: signage shall be appropriate to the dimensions an tural appear c of the building to which it is affixed, or in the case of freestandln s, s associate: with. Fob multiple tenants signage shall be presented unifie that is ugrated into the overall building design, color, fi . scale, massa; shall o be integrated with the site landscaping. All signage shall be subject PIan1nn marc ' and approval. 6) No r Our shall b erected feet of a residence district boundary. Flat roofs shall .be avol except where the size or type of the building requires a flat roof and fagad�riatio�l Wither architectural features can disguise the flatness of the roof. Pitche woofs s be used on buildings in lieu of flat roofs to the extent feasible. If pitche oofs a e not feasible or practical in a given situation, then, at a musimum, a pitche 'Toof architectural feature shall be required as a detail element, i.e., entryway or towerement to break the horizontal facade. 8) All roof mounted equipment shall be screened utilizing screens of a height equal to the II height of th 't. § 210-38. Institutional (IN) District. A) District Purposes. The Institutional District is intended to preserve and protect private and public educational, and hospital uses located in the Town. Marist College, Vassar College, Dutchess Community College, Saint Francis Hospital, and Oakwood School are located within a centralized campus setting and are vital community assets. This district recognizes the importance of these institutions and provides protections for their continued growth and operation while ensuring that nearby residential neighborhoods are protected. B) Permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: Page 102 Zoning Law Public Review Draft August 22, 2007 1) *Colleges and universities. 2) *Educational/vocational training centers. 3) *Hospital, clinic. 4) *Laboratories, dental, medical and radiological, not involving hazardous biological material use, storage or disposal. 5) *Offices. 6) *Places of religious worship, subject to §210-94. 7) *Schools. C) Special permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board: 1) *Day-care center, subject to §210-66. 2) *Indoor and outdoor recreation. 3) *Radio and television station studios and/or antennas subject to §210 40, 4) *Public utility structures, subject to §210=9 D) Accessory uses shall be as follows (Note: "*" deslgnete ,` use which is subject to site plan approval by the Planning Board: ti" 1) *Accessory buildings and struAures, subject to §210 48:, 2) *Any uses customarily incidental,161 i principal permitted use's. , 3) Temporary buildings for construct) purp�ubject to §210-109. 4) *Cafeteria, food s Jce. 5) *Dormitories 6) *EquipnV5n rage bui , gs. 7) *Library. 9 °*Recreatiow acihties indoor and outdoor. *Parking garages.in d loaixl'facilities. WA E) Theea and bulk regulations r the IN district shall be as follows: Minimum Minimum=' � Minimum ,'Minimum Minimum Side Minimum Maximum Lot Maximum Maximum Lot Area Frontage IlLot Depthy,] ` Front Yard Yard Rear Yard Coverage Impervious Height (acres)(feet) (feet) '1 (feet) (feet) (feet) (%) Surface (%) (feet) 3 200Of) 50 50 50 25% 75% 60 feet or 6 ` stories 1) Unless approved by the Planning Board, parking shall be located to the side or to the read of principal structures. I) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the IN District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. 1) A landscaped buffer area of not less than 35 feet in depth shall be provided along the Page 103 Zoning Law Public Review Draft August 22, 2007 front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. Roads, pathways, and sidewalks providing access through the buffer are permitted. 2) Trash and storage containers shall meet the requirements of §210-112. Enclosures shall be constructed of masonry walls with a steel gate and shall be compatible with the color of the walls of the building to which it is associated. 3) Utilities shall be placed underground. 4) Sidewalks of not less than five (5) feet in width shall be Q along any street and shall, where practicable, link with existing and future po ial sidewalks and pedestrian pathways. The sidewalks shall be separated from th y a tree lawn at least five (5) feet in width. In approving sidewalks the nin and shall ensure that a recorded instrument sets forth the responsibiht -of aapphc nd the future owners of the lots for maintenance and repair ew side and landscaping. Alternatively the Planning Board may re that the Town Boar tablish a special district for the purpose of sidewalk and 1 scaping maintenance ander"' 5) No structure shall be erected within 10 fe residtal district boun J y. 6) Where practicable, existing tree rows and he s, stonewalls, and similar features shall be retained in the development of any new u -,the expansion of any existing use. 7) The creation of a safe pedestn onment is a p al goal of the Town. Parking ee lots, access driveways, and str` designed to end minimize the potential for pedestrian/vehicle conflicts. 8) All streets shall be designed to permit other utilities underground, either u, upgrades are. x iade'to tete street or the s� 9) Signs shall b _,designed ," accordance which the size, materiaft and color of dimensions and aehiteetuxappearar. scale, massif subiect Town and that is allati '-cif electric, water, sewer, gas and or A,"4he time major improvements or with an overall comprehensive signage plan in �a�'Yiounted signage shall be appropriate to the P'of the building to which it is affixed, or in the with. For multiple tenants signage shall be ,egrated into the overall building design, color, d with the site landscaping. All signage shall be shall be screened from view from any public street. 11) F1 fs shall be "; oided, except where the size or type of the building requires a flat roof M ,made v, . ations and other architectural features can disguise the flatness of the roo ., tch "roofs shall be used on buildings in lieu of flat roofs to the extent feasible. H ed roofs are not feasible or practical in a given situation, then, at a minimum, itched roof architectural feature shall be required as a detail element, i.e., entry way or tower element to break the horizontal fagade. 12) All roof -mounted equipment shall be screened utilizing screens of a height equal to the height of the unit. § 210-39. Light Industrial (I -L) District. A) Purpose. Industrial zones are located close to arterial or limited access highways and, where appropriate, near railroads or the river. This district provides adequate space for the development of light industry in appropriate locations. Light industrial uses that have a limited impact on the environment and the local neighborhood are encouraged. This zone Page 104 Zoning Law Public Review Draft August 22, 2007 provides buffer areas, especially adjacent to residential development. B) Permitted uses shall be as follows (Note: "*" designates a use which is subject to site plan approval by the Planning Board: 1) *Bakery, wholesale. 2) *Business parks, subject to §210-60. 3) *Contractor's yard. 4) *Health club. 5) *Indoor and outdoor recreation. :. 6) *Industrial Park; Business Park, subject to §210-60. 7) *Light industrial uses as defined in this Chapter. ` 8) *Machine shop. 9) *Municipal buildings. A 10) *Processing. w 11) *Public utility structures. r3 C) Special permitted uses shall be as follows (Note. ates a use which is subject to site plan review by the Planning Board: 1) *Building material sales and stor ,go ubject to §210=5" , 2) *Communication towers, subject o §2"tj 3) *Indoor flea markets, auction businesses 4) *Motor vehicle renes11acility, subjectton L10 88. W' 5) *Motor vehid repair ia ty, subject to §210-87. 6) *Motor ve i ;ales an service, subject t 2'10-89. 7) *Motor vehicles ,° asubject to 1210-90. 8) *Radio aril televisio, tion studios and/or antennas. 4) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the I -L district shall be as follows: Minimum Minimum Lot Minimum Minimum Minimum Side Minimum Lot Area Frontage Lot Depth Front Yard Yard Rear Yard (acres) (feet) (feet) (feet) (feet) (feet) 2 200 400 50 50 50 1) Industrial processes and operations shall be enclosed. Page 105 site plan Maximum Lot Maximum Maximum Coverage Impervious Height (%) Surface (%) (feet) 30% 90% 40 feet or 3.5 stories Zoning Law Public Review Draft August 22, 2007 F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the I -L District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. 1) A landscaped buffer area of not less than 100 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. Roads, athways, and sidewalks providing access through the buffer are permitted. �� 3 2) Signs shall be designed in accordance with an overall ,0 prehensive signage plan in Wi which the size, materials, and color of wall mounted, igna `,.hall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the ir"z, case of freestanding signs associated with. For multiple tenants signage shall be resented as a unified plan that is inte ated ini e6 the overall V`uuhding design,color, scale, massing, as shall also be integratedy4th the site landscaping'."'Allsignage shall be subject Planning Board review and app q Ad 3) No structure shall be erected within 100 feet tia esdence.district boundary. 4) Trash and storage containers shall meet the requirements of §210-112. Enclosures shall be constructed of masonry w with a steel gate aridhall be compatible with the color of the walls of the building to is associated 5) Where practicable, existing tree w dgerows, stonewalls, and similar features shall be retained in the developme of an a or the expansion of any existing use. 6) Buildings compo,ed closed sided c e struct a encouraged. 7) Truck loa an „ ceding shall confined' to on-site areas. All loading and unloading s shall b a reened from view to any street. § 210-40. Heavy Ind A) Purposen�uetr :1 ant of nor to a high shall 1) *Any use 2) *Bakery, e located"dW to arterial or limited access highways and, where a the river. This district provides adequate space for the in ate locations. A wide range of industrial activity that of pe ante standards is encouraged. This zone provides buffer to residential developments. as follows (Note: "*' designates a use which is subject to site plan Board: in the I -L District. other food processing plants. 3) *Beverage distributors. 4) *Cold storage plants. 5) *Equipment, rental or sales yards. 6) *Health club. 7) *Heavy industrial uses as defined in this Chapter. 8) *Indoor and outdoor recreation. 9) *Laundering, dry cleaning and dyeing works. Page 106 Zoning Law Public Review Draft August 22, 2007 10) *Light industrial uses as defined in this Chapter. 11) *Manufacturing, including fabrication, converting, processing, altering, assembly or other handling or products, excluding prohibited uses under §210-93. 12) *Transfer station. 13) *Wholesale businesses. C) Special permitted uses shall be as follows (Note: "*' designates a use which is subject to site plan approval by the Planning Board: 1) *Adult business use subject to §210-49. y 2) 3) 4) 5) 6) 7) .01 01 *Any use allowed by special use permit in the I -L *Bulk storage, including bulk fuel storage and di: *Contractor's yard. *Heliports. *Indoor flea markets, auction businesses. `'. Asa *Motor vehicle rental facility, subject to §21 88. *Motor vehicle repair facility, subject to §210-8,hr *Motor vehicle sales and service, subject to §2104 10) *Motor vehicle service facility, si 11) *Recycling businesses, subject to 12) *Trucking, freight and bus termi D) Accessory uses approval by the 1) *AccessoryI 2) *Any uses c 3) *Ai area and bulk bject to §210-90. use which is subject to site plan §210-48. to the principal permitted uses. ion purposes, subject to §210-109. I -H district shall be as follows: Minimum Mini' $"' Lot Minimum „`Minimum Minimum Side Minimum Maximum Lot Maximum Maximum Lot Area Fro ` Lot Depth, ont Yard Yard Rear Yard Coverage Impervious Height (acres) (feet (feet) (feet) (feet) (feet) (%) Surface (%) (feet) 4 200 00", 50 50 50 30% 90% 40 feet or 3.5 " stories F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the I -H District. The Planning Board shall use its discretion as to the applicability of these guidelines an adaptive reuse project. All redevelopment projects shall meet the standards set forth herein. 1) A landscaped buffer area of not less than 100 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, except where the non-residential development abuts a property in residential use in which case the setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of §210-152(A)(2) of this Chapter. Roads, pathways, and sidewalks Page 107 Zoning Law Public Review Draft August 22, 2007 providing access through the buffer are permitted. 2) Industrial processes and operations shall be enclosed. 3) No structure shall be erected within 150 feet of a residential district boundary. 4) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. All signage shall be subject Planning Board review and approval. 5) Trash and storage containers shall meet the requiremeg sof §210-112. Enclosures shall be constructed of masonry walls with a steel gate and,lsi"`11ae compatible with the color of the walls of the buildingto which it is associated. 6 Where practicable, existing tree rows and hedgr"ro ws,stonewah" . d similar features shall be retained in the development of any new use or the expansion any existing use. 7) Industrial processes and operations shall a enclosed. 8) Truck loading and unloading shall be confined td `ori -site areas. loading and unloading areas shall be shielded from view fromm(aniy"street. 9) All outdoor storage of goods o ,, terials shall be screened from view from any street. § 210-41. Quarry (Q) District. A) Purpose. The purpose of this district is in which intensive soil and rock excavation may be undertaken on a lar s with�um impact on the adjacent areas. Since extractive "°" involve the se of explc es, creating intensive noise and vibrations an nerate pollution a heavy truck traffic, it is essential that the operation be cobtrolled by " ctly enforced, et regulations and that the Quarry Zone be surrounded by a duffer zoo of sufficient to protect abutting properties from any nuisance caused byd�� app B) Permitted uses "shall be 4 Follows o pe '*" All uses, with the exception of agriculture, soil mining and quarry shall ject to site plan approval by the Planning Board.): 1) " *Bituminous asphalt/concre ant. 2) "*Public utility structures, su ject to §210-96. 3) *Sail.mining. 4) *Quarry C) Special permitted uses shall be as follows (Note: "*' All uses, with the exception of agriculture, soil" mining and quarry, shall be subject to site plan approval by the Planning Board.): 1) Agriculture excluding farm animals, subject to §210-50. 2) Agriculture including farm animals, subject to §210-51. D) Accessory uses shall be as follows (Note: "*" All uses, with the exception of agriculture, soil mining and quarry, shall be subject to site plan approval by the Planning Board.): 1) *Accessory buildings and structures, subject to §210-48. 2) Temporary buildings for construction purposes, subject to §210-109. E) The area and bulk regulations for the Q district shall be as follows: Page 108 Zoning Law Public Review Draft August 22, 2007 Minimum Minimum Lot Minimum Minimum Minimum Side Minimum Maximum Lot Maximum Maximum Lot Area Frontage Lot Depth Front Yard Yard Rear Yard Coverage Impervious Heighta (acres) (feet) (feet) (feet) (feet) (feet) (%) Surface (°/u) (feet) 20 200 400 100 50 50 30% 90% 40 feet or 3.5 stories aThis limitation shall not apply to buildings devoted to the processing or conveyance of excavated materials. F) Design standards. The following guidelines shall be applied during the site plan and subdivision review of any new development project involving undeveloped land in the I -H District. The Planning Board shall use its discretion as"''the6 applicability of these guidelines an adaptive reuse project. All redevelopment protects shall meet the standards set forth herein. 1) A landscaped buffer area of not less than 150 feet in depth shall be provided along the front yard, side yard, and rear yard of ani lot, except where ,the non-residential development abuts a property in residential use in which case, the setbacks and landscaping for non-residential and mixeA'use developments shall be_ subject to the requirements of §210-152(A)(2) of this 'Chapter. Roads, pathways, axil sidewalks providing access through the buffer are permitted. ' VV 2) Signs shall be designed in accordance with ar ''overall comprehensive signage plan in which the size, materials, and eolor of wall mounted signage shall be appropriate to the dimensions and architectural apgarance of the building to which it is affixed, or in the case of freestanding signs ass, (4a, with. For multi le,' enants signage shall be presented as a unified plan that is mtegrat�d into the overall building design, color, scale, massing, as shall also be integrated with tffio�te andscaping. All signage shall be subject Planning Board review and approval. 3) Trash and storage c ners shall meat the requirements of §210-112. Enclosures shall be constructed of masolt, walls with a "steel gate and shall be compatible with the color of the walite' o buildi to which it is fated. 4) No structure sh 10010 t of a residence district boundary. §21 § 210-43. W ARTICLE VII WATERFRONT DISTRICTS District. A) Purpose. The Waterfront District 1 (WD1) covers the areas of waterfront adjacent to low - intensity uses. 'It is the purpose of the WD1 District to promote compatible, well-designed water -dependent uses; achieve public access to the coastal area; control development; protect and enhance the corridor's natural, scenic and cultural resources; provide opportunities for permanent public views and access to the Hudson River; and to implement the policies and purposes of the Town of Poughkeepsie's Local Waterfront Revitalization Program. B) Permitted uses. Permitted uses shall be as follows. (Note: "*' designates a use which is subject to site plan approval by the Planning Board.] These uses shall be in addition to the uses allowed in the underlying zoning district(s): 1) *Public and/or private recreation facilities, including membership clubs, which utilize the waterfront for active or passive recreation use, including public parks, trails, docks and Page 109 Zoning Law Public Review Draft August 22, 2007 piers, playgrounds, beaches and swimming facilities. 2) *Community centers when part of coastal public access or public recreational access. 3) *Scientific, cultural, historic, artistic and educational activities and uses which, by their nature, require access to coastal waters. 4) *Mariculture and aquaculture activities. 5) *Infrastructure and facilities to provide access across the railroad tracks between the Waterfront District 1 and upland locations. 6) *Support facilities and temporary or moveable st: functioning of above uses. To the extent possible, such principal use. 7) *Structures needed for flood protection and navi 8) *Sewage disposal and water treatment facilities C) Special permitted uses. Special permitted uses " as sale of marine supplies, servicesAoa ' manufacture, assembly or repair of m charter boats and fishing guide operatiowater-dependent or support facilities ne To the extent possible, such support facilities will bi development shall be in accordan with both the: §210-82. .,. D) Site plan approval factors. In additio o outlined in §210-152, the Plannia ;.Bo development, so as to mitigate, to the a.' ei which is incompatil lef th,existing vie the waterfront from the son River. TA development ' delines to - ichieve these opportunity is unqu and t guidelines v both the scenic resouree an� communiti, ssary for successful be sited inland of the ws: marinas an " related uses such ment; boat yah boat repairs; h as boats, sail "hardware; M membership �i bs which are sful nctioning ofr the above uses. inland of the principal use. Marina iments of this district and those of )rs for consiion during site plan review consid the visual impact of site sonaa�sible, the impact of development Hudsa River from upland locations and of :ung Board will use the following siting and tives, recognizing that each development ve to be applied accordingly and considering elopment objectives and priorities: zres`ce the visual character of and create or maintain siting elements such as power lines, and signs, back from the � icuous locations to maintain the attractive quality of the sand from the shore. to retain views, save open space and provide visual historic structures into the overall development scheme. 4) nat intain " restoring the original land form, except when changes screen tractiv ments and/or add appropriate interest. 5) Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, and blend structures into the site and obscure unattractive elements, except when sensitive clearing creates views of coastal waters. 6) Using appropriate materials, in addition to vegetation, to screen unattractive elements. 7) Using appropriate scales, colors, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape. E) The area and bulk regulations for the uses set forth in paragraph `B" above in the WD1 Waterfront District shall be as follows: 1) Height. Page 110 Zoning Law Public Review Draft August 22, 2007 a) Maximum building or structure height shall be 30 feet. b) Height exceptions. (i) A maximum height increase of 10 feet may be granted by the Planning Board if dedicated meaningful, permanent public access to the shoreline is provided. "Meaningful, permanent public access" is defined as safe and unobstructed access to and along the dry, non -tidal or un -submerged shore areas for all members of the public. It is the Town's objective to attempt to provide a continuous public access system to and along the waterfront and/or public rights-of-way. Such access shall be in the form of a permanent easement or the granting of fee title to the Town of Pou ; eepsie. Access may be regulated by reasonable conditions in a management plan submitted by the applicant and approved by the Planning Board as part of the final site plan approval. Because of the nature of the Town's sfi4csreline, the Planning Board shall have the discretion to determine the dimensions, of the access provided under this incentive. Where feasible, the ®access shall b at least 12 feet wide from the street to the shoreline, and at hast 15 feet wid along the shoreline for the entire width of the property in the WD 1. A surface suitable for pedestrian use, at least 10 feet wide, where feasible, shall be pirovi- ed for the entire length of the access easement and to a standard approved"by the Town of Poughkeepsie Engineer. (ii) As part of site plan approval, the Platiiiing Board may allow one or more elements of a prop and use to be iri)6ibess of the height limitation if the element is an integr f the propose&permitted or special permit use, provided that the p m1 ht shall nn exceed that which, in the Planning Board's ju gment, reasonably, necessary for the beneficial operation of the permitted use r sp� 'nut use. For example, a crane for trap boats in an�kotx of the i ter would be an integral part of a m ins d = ion. 2) Lot areax:ver:xontage d setback. The `: will be no minimum lot size. No lot shall have a river fronts les an 100 feet ;wilding, structure or part thereof shall be erected nearer tri s than 2 , feet from mean high water. Water -dependent ,,,ate used w�p� requir cation on r< acent to the water are exempt from this setback Maximum lob coverage `ngictotal coverage of all buildings, structures or impervious '. surfaces on that'portion of - lot located within the WD District shall not exceed more than 50%. 4) Off-street parking Off-street parking facilities will be provided as set forth in § 210-92, except t t: Y. - a) Marinas shall provide at least a minimum of 0.6 space for each slip, berth or mooring plus whatever additional spaces are deemed necessary by the Board of Appeals for employees and for ancillary retail activities on the premises. b) Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility. c) Parking requirements for a use in the WD1 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner. d) All sites with an area of one acre or more shall comply with DEC regulations. 5) Screening and landscaping. a) Screening and landscaping of new development shall be provided as required by the Page 111 Zoning Law Public Review Draft August 22, 2007 Planning Board during site plan review to mitigate visual, impacts, protect neighboring properties and improve the scenic quality of the Hudson River waterfront. b) To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region. § 210-44. Waterfront 2 (WD2) District. A) Purpose. The Waterfront District 2 (WD2) covers the areas of waterfront adjacent to intensive industrial and commercial activity. It is the purpose t l WD2 District to promote well-designed water -dependent or rail -dependent or enhanC commercial and industrial uses; promote revitalization and redevelopment of deter" and underutilized areas; ensure appropriate development; protect and enhance 1lie corridor's natural, scenic and cultural resources; and to implement the policies and Purposes of tliTown of Poughkeepsie's Local Waterfront Revitalization Program. JN B) Permitted uses. Permitted uses shall be as Planning Board.) These uses shall be in zoning district(s): 1) *Uses which utilize water transportation products or raw materials. (Note: "' site pfai��,Aapproval by the to the uses allowed it .' a 'underlying for transfer of goods, 2) *Infrastructure and facilities de access across fine railroad tracks between the Waterfront District 2 and uplan 3) *Uses, facilities and infrastruc ace o adjoining upland uses, which are dependent on or enhanced by acces t at " effective operation. 4) *Facilities w -or are ace' ry to one the above uses and which by their nature mush: a close w e use shall sited inland of the principal use, to the extent 5) *All permitted- all—N, ' the Water nt District 1. 6) *MaAAAs and rel a es su ' of marine supplies, services, fuel and equipment; boat"yard, ",`°oat rep anufacture, assembly or repair of marine products such as boats, sails ,hard ch er boats and fishing guide operations; boat rentals; .annual member clubs are water -dependent; or support facilities necessary for NP "successful functiong of t above uses. To the extent possible, such support facilities v� be sited inlaiXA, the principal use. Marina development shall be in accordance with b6 the requiremes of this district and those of §210-82. C) Site plan approval facf&s. In addition to the factors for consideration during site plan review outlined in 11, the Planning Board shall consider the visual impact of site development, S6'-ato mitigate, to the extent reasonably possible, the impact of development which is incompatible with existing views of the Hudson River from upland locations set forth in Policy 25 of the Town of Poughkeepsie LWRP and of the waterfront from the Hudson River. The Planning Board will use the following siting and development guidelines to achieve these objectives, recognizing that each development opportunity is unique and that guidelines will have to be applied accordingly and considering both the scenic resource and the community's development objectives and priorities: 1) Siting and designing structures to enhance the visual character of and create or maintain views of the Hudson River; siting elements such as power lines, and signs, back from the shoreline or in other inconspicuous locations. 2) Clustering or orienting structures to retain views, save open space and provide visual Page 112 Zoning Law Public Review Draft August 22, 2007 organization to a development. 3) Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest. 4) Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site and obscure unattractive elements, except when sensitive clearing creates views of coastal waters. 5) Using appropriate materials, in addition to vegetation, to screen unattractive elements. 6) Using appropriate scales, colors, forms and materials to ensur that buildings and other structures are compatible with and add interest to the landsG D) The area and bulk regulations for the uses set forth in par aph `B" above in the WD2 Waterfront District shall be as follows: 1) Height. a) Maximum building or structure height shat '0 et. k ry b) Height exceptions. (i) The height limitation shall xxid ly to buildings or structur tooted to the processing or conveyance of excavated mat iials which require a waterside location. However, all such structure ahalI be the minimum height that will accomplish the intended function. (ii) As part of site plan approval, the Plan ' `'Board may allow one or more elements of a proposed land use to be in exces of phis height limitation only :� if the element is an integral part of the propos ,;d permitted or special permit use, provided that the permitted height shall' not exceed that which, in the Planning Board's judgment `is reasonably necessary for the beneficial operation bfthe permitted`xise. For example, a crane for transferring boats in and out o� tit water would be an integral part of a marina operation, or a bridge, tresd dor conveyor over the railroad tracks would be an integral part of ac6`ess to carious permitted uses. : "I IWFNI 2) Lot riverfrontage and setback. There will be no minimum lot size. No lot shall have e of less .than 100 feet. No building, structure or part thereof shall be erected ne the water's edge than 20 feet from mean high water. Water -dependent or rail-depen fuses which:require a location on or adjacent to the water are exempt om this requi `}' nt. No rod frontage is required when upland property in the same :f ership is loca n a different zoning district and provides such frontage. 3) M m lot cover e. The total coverage of all buildings and structures on that portion of an J,ocated in the WD2 District shall not exceed more than 50% of the lot. 4) Off-stree Off-street parking facilities will be provided as set forth in § 210-92, except that. a) Marinas shall provide at least 0.6 space for each slip, berth or mooring plus additional spaces deemed necessary by the Board of Appeals for employees and for ancillary retail activities on the premises. b) Uses not enclosed in a structure shall provide one space for every four persons at the maximum designed capacity of the facility. c) Parking requirements for a use in the WD2 District may be satisfied if provided on adjoining lands in adjacent districts, on property owned or controlled by the same owner. d) All sites with an area of one acre or more shall comply with DEC regulations. Page 113 Zoning Law Public Review Draft August 22, 2007 5) Screening and landscaping. a) Screening and landscaping of new development shall be provided as required by the Planning Board during site plan review to mitigate visual impacts to the extent reasonably possible. b) To the extent feasible, natural vegetation, especially trees greater than four inches in diameter at breast height, will be maintained and augmented by plantings of species native to the region. § 210-45. Reserved ARTICLE VIII SUPPLEMENTARY REGULATIONS The uses listed in Article IV, Article V, and Article VI or modifications as provided herein by the following Su § 210-46. Accessory apartments in commercial A) Purpose. 1) The reasons for allowing resid units in a) To encourage the continue buildings of central business tri b) To protect and preserve propert ' c) To provide., security in ; d) To me, a hous' eds of cust( e) To encour the cr„ ion of lower 2) In light; -of the of the uiaer 'floors in the commercial of the principal business uses. using units. from the mixing of business and residential B) Standards. Wherpermitt` acc ssory apartments in commercial districts are subject to special use perms 1) 'moss size. The accessory .apartments in total shall not exceed 50% of the total usable oor area of the commercial building area. 3 �• 2) Thereall be no to re than four accessory apartments permitted per building. 3) Mixtures of `taxa uses. In no case will accessory apartments be allowed in the same building as"the primary use when the primary use involves the use of noxious or dangerous -chemicals, gases or other hazardous substances and materials. The Zoning Board of Appeals has the right to deny a special use permit application if it is determined that the primary business use creates a hazard for accessory residential uses. 4) Size. The minimum floor area for each accessory unit shall be 300 square feet. The maximum floor area for each unit shall be no more than 800 square feet. The maximum number of bedrooms shall be two. The minimum and maximum square feet and number of new bedroom requirements may be adjusted if, in the opinion of the Zoning Board of Appeals, it is warranted by the specific circumstances of a particular building. 5) Off-street parking. One additional paved off-street parking space shall be provided per accessory apartment, in addition to the paved off-street parking spaces required for the Page 114 Zoning Law Public Review Draft August 22, 2007 business use. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety. § 210-47. Accessory apartments in one -family dwellings. A) Purpose. It is the purpose and intent of this section to allow accessory apartments on single- family properties in all residence districts in order to provide opportunity and encouragement for the development of small rental housing units designed to meet the special housing needs of single persons, couples, persons of low and moderate income and relatives of families presently living in the Town of Poughkeepsie:It is the further purpose and intent of this section to allow a more efficient use of the Town of Poughkeepsie's existing stock of dwellings, to provide economic support for present, re ident families and to protect and preserve property values. B) Standards. To achieve and promote the goals of this section, the following standards are applicable for accessory apartment use: 1) The owner of the single-family lot on which an accessory apartment is located shall occupy and reside in the single-family dwelling unit or the accessory apartment on this lot. 2) An accessory apartment shall be located in or contiguous to the principal structure on a single-family lot. One building shall be considered'' the ,principal dwelling. 3) Accessory apartments may be created only in dwellings;which have been constructed for at least two years or which hai� held . valid certificate of occupancy for at least two years. 4� F C) Special use permit requirement. A special use perA be obtained by the owner from the Zoning Board (If, t1 for any accessaryapartmerl subject to the following provisions: 1) The apartm " shallbe111"early subordinate to the one -family dwelling. il 2) The numer dr 00 the apartment; shall not be more than one. 3) The floor area all be greater than 400 square feet. 4) devote is„the aparti reit shall not exceed 35% of the existing floor area of t%e one fa �velhns., 41 1,1. �.� The apartmen + one -f ' dwelling must have safe and proper means of entrance, learly marked e purpose of emergency services, and with proper fire separation een units. 6) If tli6, ter Supp is from a private source, the applicant or his or her agent shall proved Wificat that the water supply is potable and of adequate flow. Failure to correct p ny water quality problems shall result in the revocation of the special use permit. 7) The applicant or his or her agent shall certify that the sewage disposal system is adequate for the two units. Failure to correct promptly any sewage system problem shall result in revocation of the special use permit. 8) No special use permit for an apartment shall be granted in any case where the Dutchess County Health Department has determined that the water or sewage system serving the dwelling or dwellings in question is not capable of handling the additional demand upon it by the use and occupancy of the accessory apartment. 9) Site plan approval by the Town of Poughkeepsie Planning Board shall not apply to special use permits under this section unless the Zoning Board of Appeals directs that, because of its complexity or other unusual circumstances, a particular application for an Page 115 Zoning Law Public Review Draft August 22, 2007 accessory apartment special use permit must have Planning Board site plan approval. 10) Stairways leading to any floor or story above the first floor shall be located within the walls of the building wherever practicable. Exterior stairways shall be located on the rear wall in preference to either side wall. In no instance shall a stairway be located on any wall fronting the street. 11) Adequate off-street parking shall be in accordance with §210-92 and shall be on the parcel on which the accessory apartment is located. To the maximum extent possible, off- street parking shall not occur in the front yard of the premises. 12) Any apartment within a one -family dwelling that is in e tRnce at the time of the adoption of this section shall be subject to the special us erggt provisions outlined herein. 13) The Zoning Board of Appeals shall provide copies th lication to and consider amendments which may be submitted within 30 d by th n Building Inspector, Town Fire Inspector, Town Assessor and the D " s ounty Department before issuance of a special use permit. 14) The provisions of the New York State U m Fire prevention andCode shall apply to the single-family dwelling uni acces-s apartment on ` mises. 15) Any exterior changes in the single-family Mint caused by th creation of an accessory apartment shall conform to the single- character of the neighborhood. 16) Continued compliance with Jhese regulation xequired. Failure to do so will result in a revocation of the speermit. 17) The apartment shall be inspecte by Wilding and a Inspectors and the Zoning Administrator every two years the,iss `ut of th special use permit to ensure �Y s3 compliance with Tow building, zo � fire co § 210-48. A) In a residential district, an accessory building "structure shall not be constructed in front of nor be of a height gr�atex thie?r3nci Mand wilding, nor shall such accessory buildings and struct ected wrtiiri 10 feeo „ and rear property lines, operative septic tanks ai i wever;sheds not greater than 100 square feet in floor area and less than t feet in h ` ay b placed within six (6) feet of any side or rear property lines, Cs native septic to ' r lead�l. Nothing in this section shall prohibit the development o ; � idscaping, ligh ,y fencing and walls in accordance with the applicable provisions of § 210-49. A) Purposes anderations. 1) Statement .& purpose. In the execution of these provisions the Town of Poughkeepsie recognizes that adult business uses, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration within an area thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that local government has a special concern in regulating the operation of such businesses under their jurisdiction to ensure that their objectionable characteristics will not contribute to the degradation of adjacent neighborhoods nor endanger the well- being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth Page 116 Zoning Law Public Review Draft August 22, 2007 below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the town, to deter the spread of blight and to protect minors from objectionable characteristics of these adult business uses by restricting their proximity to places of worship, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas. 2) It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Poughkeepsie. The intent of this section is to provide appropriate places for adult business uses without compromising the character of the neighborhood.' v 3) Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment as well as provide adequate distand*Ao protect neighbors from noise, obnoxious traffic, lights, etc. It is further declared that '& location of these uses in regard to areas where our youth may regularly „assemble and the general atmosphere encompassing their operation is of great concerri:y 4) These special regulations are itemized in thi section .to accomplish the pnmary purposes of preventing a concentration of these uses in an� one area and r"69ficting their accessibility to minors. ; '{` B) Adult business uses, as defined in this Chapter, are to be restricted and regulated as to their locations in the following manner;addition to any of e"'r requirements of this Chapter, and the special requirements itemize 7ua phis section are to accomplish the primary purposes necessary to ensure that any objection�b e .characteristics ofythese uses will not have a deleterious effect on adjacent areas antl,,w&_ e'4*t,their accessibility to minors. 1) No adult business use shall be located withinnAh'dsand feet of any area zoned for residential use ,or a� broDerty used for residential purposes. 2) No adult business use 3) No adultus use other place of ' ui which xe larly h� 4) �- Tn`"athe occupaace �...:,Liahtine shall meetth 6) Tb hours of oper 7) The"i'mum lot 8) Front, lildi-and r( adult business uc of land.;;' be located within a one -half -mile of another such use. 111. be located within one -thousand feet of any school, church or hi ark 1 'g ound 1 field or an lace of business park, p aY�' � playing Y P parking spaces, one parking space for each permitted t�q, an adult business use shall be provided. is of §210-81. only be between the hours of 10:00 a.m. to 11:00 p.m. for an adult business use shall be 10 acres. yard setbacks shall be not less than 200 feet. Not more than one (1) shall be located in the same building or upon the same lot or parcel 9) No loudspeakers or sound equipment shall be used for adult business uses that can be discerned by the public from public or semipublic areas. 10) No amplifiers or loudspeakers of any type shall be installed outside of the building. 11) All such uses shall be subject to a special use permit and site plan approval. 12) There shall be a one -hundred -foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks. 13) No site improvements (i.e. parking lot, access driveway, lighting, loading areas, trash collection area, principal building, accessory building, etc.) shall be placed within 100 feet Page 117 Zoning Law Public Review Draft August 22, 2007 of any property used for residential purposes or any residential district. § 210-50. Agriculture excluding farm animals. A) Agriculture excluding farm animals shall include farms (except farms expressly for the disposal of offal or garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of at least three acres, provided that: 1) Any farm building, except dwellings, buildings accessory thereto and the heating plant of any greenhouse, shall be at least 75 feet from any adjacent property line. 2) The Zoning Board of Appeals may reduce the requirements, s , f h above where lesser distances between such buildings and property lines woul have no deleterious effect on adjoining properties. r N B) The sale of produce grown on the premises is permitted ''pro Ad, that ingress and egress facilities shall be subject to approval by the Plannln Board. Off sheet parking shall be in accordance with §21092. C) Fertilizer, if any, shall be stored not less than 50 reet from any property line: § 210-51. Agriculture including farm animals. A) Agriculture including farm animals but excluding o44 shall include farms (except farms expressly for the disposal of off garbage), truck gardens, greenhouses, nurseries and arboretums on lots with an area of five acres, provided that: 1) Any farm building other than a ildings aeecny thereto and the heating plant of any greenhouse shall be a ast m any; property line. 2) Any building or structure devoted to ended housing of rabbits, hares, guinea pigs, ducks, geese-, 4111oultry or fow any kind all be erected at least 100 feet from any property Zine .`- 3) Kennels -"orurldings devoted to or in d for the housing of livestock (including horses) shallbetted least; 200 feet f any property line. 4) deleterious B ale of produce fad shall be sul actor ` with 5 210 C) Animal if any, § 210-52. Animal e the requirements set forth above upon a finding buildings and property lines would have no -., n on tfi+� premises is permitted, provided that ingress and egress to approval by the Planning Board. Off-street parking shall be in 1 be stored not less than 100 feet from any property line. A) In any district where permitted, animal hospitals shall comply with the following provisions: 1) Any building housing animals shall be located at a distance of at least 200 feet from any residential district boundary. If soundproof construction is used, normal district setbacks and bulk regulations shall apply. 2) There shall be no offensive odor, emitted by the use, discernible at the property line of the lot. 3) Noise emissions shall be governed by the applicable standards of Chapter 139, Noise, of the Code of the Town of Poughkeepsie, New York. 4) Exterior animal containment may not be used between sunset and sunrise. Page 118 Zoning Law Public Review Draft August 22, 2007 § 210-53. Architectural review. A) In order to eliminate inappropriate and poor quality design in the exterior appearance of structures erected, reconstructed or altered in any zone in the Town, and exclusive of single- family dwellings, the Planning Board shall have the powers of architectural review. These powers are essential to the general welfare of the community, to stabilize and improve property values, to foster civic duty and to strengthen the local economy. 1) Regulation of structures. No structure shall be constructed, altered, repaired, moved or demolished unless such action complies with requirements hereinafter set forth. 2) Duties and powers of the Planning Board. All plans for const tion, alteration, repair or demolition of structures exclusive of single-family dwells s first be submitted to the Planning Board, which shall have the power to revie, _h uch plans before a permit for such work shall be granted; provided, however, thatp anning Board shall review such exterior features of a structure as are visible rom aublic way and shall not consider interior arrangements. In reviewing the, la, the all give consideration to: �z tae a) The architectural value and significan& of the structure and it tionship to the surrounding area. I& b The general appropriateness of the eirr.or design' gK arrangemer texture and materials proposed to be used. :5 c) To any of the factors, including aesthetics, whic%i eems pertinent. 3) Any modification, renovation or restoration of the faca including the lighting of any existing or proposed building other than. residentiq , all hereby be subject to architectural review by the Planning Board. N.finor revisions of existing facades may be waived by the Planning Board. 4) An applicant see,—,,architectural approval foxy a new construction project, or a rehabilitation project an existing building shall include all proposed wall mounted and freestanding ssgns wit9ihe application. No application for architectural approval shall be deemed comete, acid no approval shall be granted, where said application does not include all exter r sieria3. "' B) In`N : foregoixig,general standards, the following specific standards shall apply in and;" :additions. Where alterations, repairs or additions are be consistent with the architectural style of existing buildings or of the surrounding district. 2) Nei tructionw construction shall be consistent with the architectural style of the distric weve 'where the architectural styles of buildings on adjoining properties differ frd '"°"styles within the district, the Planning Board may permit new constructio`'„;'' at is consistent with the architectural style of adjoining buildings rather than that ache district as a whole. 3) Procedure for review of plan. a) Applications for a building permit to construct, alter, repair or move any structure shall be made to the Building Inspector. The application shall include plans showing the structure in question and giving its relation to adjacent structures. b) Upon the filing of such application, the Building Inspector shall immediately notify the Planning Board and shall transmit to such Board the application and any supporting plans or documents. The Planning Board shall consider such application and shall approve or disapprove the plans and, if it shall approve such plans, shall issue a certificate of approval and transmit the same to the Building Inspector within Page 119 Zoning Law Public Review Draft August 22, 2007 10 days. c) If the Planning Board shall disapprove the plans, it shall notify the Building Inspector within 10 days, who shall thereby deny the application for a permit. d) Nothing in this section shall be construed to prevent the issuance of a building permit for the maintenance or repair of any structure. Q Advisory board. The Planning Board is hereby authorized and empowered to retain as an advisor an architect or other such expert as it deems desirable or necessary to advise on specific applications. § 210-54. Bars and taverns. A) All bars and taverns shall meet the requirements for landscaping, off-street parking and all other applicable regulations and standards. § 210-55. Bed -and -breakfast establishments. A) Bed -and -breakfast establishments are owner -61 on the premises. Bed -and -breakfast establish 1) The owner shall be the principal operator. 2) They must be limited to 10 guest rooms. 3) They must meet all applicable zp ;xequi 4) The proprietor may serve meals ` prohibited. 5) Parking lots sh t be located c S providing abuffet djacent res l�nti 6) Parking regrurements sa11 conform to li �: O. :ci or are e public pied by an agent who shall live A to the followine. conditions: room and bar is expressly to any residential property line 7) The Departure of Hem th shall cert fl at the water supply and sewage disposal system is adequ or",?n;� " �f, ccu arty of the proposed facility. E-01 Location 11) Signs shall be 12) Signs shall be 13) The height of 14) The height oY not exceed consecutive days. b ,jecty;to Planning Board approval. ll co m to Article IX. natural material and externally lit. ;nt or post -and -arm. at signs shall not exceed four feet. -arm signs shall not exceed eight feet. § 210-56. Boat and marine sales. A) All boat and marine sale establishments shall be subject to the following standards: 1) The storage of boats, motors and similar accessories shall not be permitted in any required landscaped or buffered areas except those immediately adjacent to navigable water. 2) All repairs and service work areas shall be identified and shall be screened from view of adjacent residential areas. 3) Insofar as possible, repairs shall be accomplished indoors. Page 120 Zoning Law Public Review Draft August 22, 2007 § 210-57. Boutiques with goods processed or assembled on site. A) Purpose. The intent of this section is to encourage the development of small retail businesses that are involved in processing of products for sale on site and artisans and crafters processing or assembling their products for sale on site. Boutiques will be subject to the following criteria: 1) Retail area shall be limited to 1,500 square feet. 2) The total number of employees on site at any one time shall not exceed four. 3) The business shall not generate more than two one-way commercial vehicle trips per day. 4 No outdoor display p Y or sale permitted. .�'.. 5) Sign requirements shall conform to Article IX. 6) Signs shall be made of natural material and externally"lit 7) Signs shall be post -and -arm or placed on a wall The height of os -and-arm signs shall ,. not exceed eight feet. " § 210-58. Reserved. § 210-59. Building materials sales and storage (screened). § 210-60. Business parks..,. A) Purpose xhe propose, of this section "to encourage the development of well-designed b ess par uding b%t not limited to sites where existing highway business, retail and ustrial uses longer xable and have fallen into disuse. It has been determined that ol hysical integr " of mixed=use business and business-related uses will provide a more c ent land use p' rn, thereby preserving property values and maintaining the visual an hetic enviro nt. Further, a properly planned business park will provide area reside"' nth employ nt opportunities and help strengthen the tax base. B) Requireme 1) Permitte The following uses are permitted, subject to Planning Board site plan approval: , a) Accessory buildings and structures. b) Banking and financial services. c) Hotel or motel, subject to the requirements of §210-75. d) Inns, subject to §210-77. e) Light industrial facilities as defined in §210-9. f) Museum. g) Offices for business and professional use. Page 121 Zoning Law Public Review Draft August 22, 2007 h) Parking garages. i) Restaurant; delicatessen. j) Retail business, service business, personal service business, including but not limited to bakery, bookstore, computer store, health or fitness club, specialty or health -food grocery store, day care center, school age child-care facility, dry cleaning, parcel service and copy center. The uses in this paragraph shall be limited to 15% of the gross building floor area of the overall business park site. k) Scientific, research and development facilities not involving hazardous biological material use, storage or disposal ,. 1) Temporary buildings for construction purposes. 2) Dimensional and area requirements. a) The parent parcel proposed for development as five (5) contiguous acres of land. b) A business park shall have: (i) At least 100 feet of road primary collector, or (ii) Access rights via existing primary cc is located within 2 roads are shown in c) To encourage the developer all buildings may be up to shall be 65 feet..plus roof ec an easement a [lector, provided W feet of an int Plan. shall contain at least existing arterial or, an existing ; to an existing arterial or an frontage on the primary collector =,with an existing arterial as such thetaximum total lot coverage of an the maximum building height d) Setbacks from theJxoadway edge shall not be less than 50 feet, and no part of any building shall be closer than 15 feet from any other property line, except where the non-residential development abuts a property in residential use in which case the setbacks and"landscaping for non-regidential and mixed use developments shall be ,sub -pct to the eq ewe s cid X2104 2(A)(2) of this Chapter. In all other cases there minimum side yar or'Tear yard requirements. . e) A busmi k may be subdivided into two (2) or more parcels provided that a reciprocal ent agreement approved by the Planning Board as part of the site plan approv ocess ,:is executed and recorded requiring that such subdivided 4 parcels, for so gas the business park use exists, function as one integrated parcel f gress and , ess, parking, internal circulation, water service, drainage, sanitary se , A e dispos and storm sewers. In the event of such subdivision as is set forth above�e nsional and area requirements of this Chapter shall not be applicable to the vidual subdivided parcels. The overall business park, however, disrega `' ng the individual lot lines created by the subdivision, shall comply with the dimensional and area requirements of this Chapter. f) Not more than thirty (30%) percent of the minimum landscaped area required elsewhere in this Chapter may be satisfied by the creation of such minimum landscaped area on the adjoining right-of-way of a public highway owned and maintained by the New York State Department of Transportation, provided that written approval is obtained from the New York State Department of Transportation. g) For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a business park, and for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is encouraged, and such parking garages shall not be required to satisfy Page 122 Zoning Law Public Review Draft August 22, 2007 front yard, rear yard, side yard or parking aisle width requirements contained in this Chapter, subject to the requirements of §210-152(A)(2). 3) Water and sewer. No business park shall be approved unless connected to municipal water and sewer services. C) Performance standards. Except as set forth herein, all uses within the business park shall comply with the performance standards of this Chapter. D) Design criteria. The intention of this subsection is to create an architecturally coherent development in which building design, detail, form, shape, color and the like integrate with the other aspects of the development, including landscaping, site topography, parking lot design, open space and architectural character of the surrounding'area, In addition, business parks shall be subject to the following design requirements: 1) All aspects of §210-80, "Landscaping", and §210-1 2) Parking and Loading. The following provisions .shall„ apply ie` lurking and loading for business parks: (a) The off-street parking and loading provisions of §210-92 shall apply to the business park, except that all minimum parking requirements sed forth in §210- 92(N) shall not apply. The parking and loading ,design within the business park must provide adequate parking for the mixed-use project, including for any retail, office, educational and hotel uses and fore child-care facilities and create safe and comfortable Passa 'eways for pedestrians; 4 M (b) The parking design sha�4 de such parking spaces as the Planning Board shall determine to be necessa 'dering the activities and uses involved and the differing parking demands of a business parks. 3) Entrances shall esigned to allow-acce" ' at spe at least 15 miles per hour. 4) Wherever a' dace mercial sit as been developed or it is reasonably expected that it be deve: , ed, parking end circulation shall, where practicable, be interconfec ,o,limit a ss points onto main roads. F E) Development Mast 1n ofal procedures set forth in §210-66, neither the Planning `Board, or the otung oa� c als, or any other administrative agency, board, body' o 'office: of the To oughkeepsie may receive, process, and determine applications 4' subdivision Approval, n Ian approval, special use permit approval, use variance Ak,royal area varlce approv' =aquatic resource permits or any other land use approvals P„ fora Business Park without the,,,,',, 'or approval of the Town Board. Such approval, if adopted, is a delermination only that the subject matter of a proposed application or applications for the establishment of a"Jizsiness Park is/are in technical compliance with the stated purposes Of these regulations, the stated permitted principal and accessory uses for a Business Park, and the dens Fre ur 'ments of the Business Park as such purposes, uses and densities are " �" " "C" and "D" of this section. Town Board approval does not direct set forth m para�l�hs B , pp approval or h or modify the authority otherwise existing under law for the receipt, processing and approval of any one or more land use approval applications by any agency, board, body or officer of the town. Authorization granted by the Town Board pursuant to this section does not commit or direct any agency, board, body, or officer of the Town of Poughkeepsie to any course of future decisions. All obligations applicable under the New York State Environmental Quality Review Act (ECL Article 8 and the accompanying regulations in 6 NYCRR Part 617, as the same may be amended from time to time) shall be carried out by the agency, boards, body or officer authorized to receive, process and determine applications for approvals. Approval by the Town Board pursuant to this section 210-60 is a Type II action .pursuant to 6NYCRR 617.5 (28) to wit, engaging in the review of any part of an application to determine compliance with technical requirements provided that no such determination entitles or permits a project sponsor to commence an action Page 123 Zoning Law Public Review Draft August 22, 2007 unless and until all requirements of Part 617 have been fulfilled, and accordingly such Town Board review is not subject to review under Part 617. F) Non-residential condominium conversions. 1) Authority. The Planning Board shall have the authority to waive all area and bulk regulations within a business park for a nonresidential condominium in an existing building in order to ensure the orderly division of ownership and subdivision of physical space within large existing buildings and provide for proper maintenance of the entire premises. Parking and open space requirements may also be waived for nonresidential condominium conversions when the Planning Board determines that existing areas are sufficient to meet the demand of potential tenants. Any addition, modification or other change to the exterior of an existing building, whether in conjunction with a new owner or not, is subject to site plan approval, and any addition is also subject to all applicable area and bulk regulations. Building and other applicable permits shall be obtained prior to the commencement of any interior modifications 2) Applicability. Nonresidential condominium co rsons require site plan approval. The provisions of this subsection apply only to be ings lat: a) Have a footprint of at least 40,000 ;e feet at he effective date of this chapter; and b) Contain or previously contained conforming ilustrial uses; and c) Are to be divided for the usewof at least two er ''` nonresidential establishments. 3) Standards. In addition to those e�210-152, Planning Boardandards outline xy standards for site plan approval, e" Board shu b the following standards in review of a nonresidential condominium coxrvexsion a) The impact of the proposed use or uses in thenonresidential condominium building, , t both in and of -themselves and in relation to existing or other proposed uses. Ak b) Whether "existing parking areas axe sufficient to meet reasonably anticipated c) All documeritation,,,'tnc"luding provisions for maintenance of common and open space " Article 9-B 339-d et n as required by the i�ew ork State Condominium Act, , § s, seq , Real Property Law and its attendant regulations, submitted in a form y acceptat a the Newtork State Attorney General's office and the Town Attorney. d) Where an epi ; g buildu g is to be expanded, submission of any additional materials z� necessary for Fl ning Board review. . 4) Upoproval an ; ubsequent occupancy of a nonresidential condominium, submission of temowners f" records, including name, address and telephone number of tenants, to the L 8;96g Anistrator. a: 5) Amendments When ownership of an approved nonresidential condominium is intended to be resuivided such resubdivision division shall be subject to the full provisions of this section. 6) Signs. All signs shall be approved by the Planning Board as part of the architectural review and approval of the business park plan. 7) Surety. The Planning Board shall require bonding or other appropriate form of surety to ensure that all planned construction in a nonresidential condominium conversion is completed according to approved plans. Page 124 Zoning Law Public Review Draft August 22, 2007 § 210-61. Reserved. § 210-62. Cemeteries. A) In any district where permitted, cemeteries shall be subject to the following regulations: 1) Minimum area shall be 10 acres. 2) No interment shall take place within 50 feet of any street or property line. Such fifty -foot buffer area shall be suitably landscaped so as to screen the cemetery from view insofar as is practicable. 3) Caretakers' cottages, crematories, mausoleums (and chap."eral homes) which are incidental to the cemetery shall be permitted as accessorses, provided that: a) Any such structure shall comply with the setb "'; a �;ard requirements for the district in which it is located. b) Off-street parking shall be in accordance witty 2 . Nk § 210-63. Communication towers and A) Communication towers and radio stations areubjectse following conditions where permitted: 1 f r 1) Communication stations, including radio broadcor relay stations and similar stations may be allowed by specsal use permit.` 2) Communication towers incidental anis accessory to the p1Wpal use may be allowed by special use permit in the districts lndlcated provided ththe lot on which such towers are located is not less than four (4) acres in `'sfze;"'and such towers shall be erected only to that height necessary to accomplish the purpose they' are to serve and such height shall not exceed 75166t; fin Height above average ground level. Further, such towers shall be set back from.any residential parcel or district boundary a distance equal to 11/2 times the total tower height, including the height„ of any structure upon which the tower is situated. Such `towers shall not" cause interference with local radio or television reception an not endanger nelgnoortng;)roperty or the public. 3) comm ion tower, shall be used for or have placed upon it any type of sign except warning si" ded forpublic safety. § 210-64. Country clubs,raternal clubs and recreational clubs. A) The fxi" of these 'egulations is to ensure that country clubs, fraternal clubs and recreatio ubs are mpatible with the neighborhood and immediate area where located and not de ent o the property values in the neighborhood where located. Wherever ':. possible, clubs " ave direct access to a state or county road. B) Special requirements. 1) A hedge, fence or wall adequate for year-round screening of the club shall be installed, of a design, location and material as determined by the Planning Board. 2) No amplifiers or loudspeakers of any type shall be installed outside of the building. 3) Exterior lighting shall be installed as directed by the Planning Board. 4) District bulk regulations will be applicable except that: a) All yard setbacks will be at least 100 feet. b) The following minimum lot sizes are required: Page 125 Zoning Law Public Review Draft August 22, 2007 5) Country clubs: 20 acres. 6) Fraternal clubs: five acres. 7) Recreational clubs: five acres. § 210-65. Day-care and nursery school facilities. A) Purpose. It is the intent of the Town of Poughkeepsie to provide for the child-care needs of the residents and those employed in the Town in a way that promotes the public interest while maintaining the essential character of the Town's residential, commercial and industrial areas. This section is developed in recognition of the 'dt— ical need for affordable child care for the Town's working parents. ' B) Family and group family day-care homes. Family : defined under day-care facilities in Article II, shall be zones, provided that: 1) State licensing requirements are met, and health codes. 2) Applicable zoning and subdivision standardi'for re 3) All area and bulk regulations are in comphancir. .. 4) An off-street dropoff/pickup area must be provi Town permit standards shall 9ttafficient for such y day-care homes, as right in all residential fire safety uses are adhered to in full. irements herein. driveway in conformance with e. 1)" The center,ality o" sery school complies with all regulations of §210-66. In addition, the �xsed d provider shall submit a copy of said license and other ;;pertinent docu, s from ew York State Department of Social Services and, if applicable, the N fork State Department of Education. 2) A siti Ilan in com nce with district zoning is submitted to the Planning Board for its approYa r For site pIan approval, day-care centers, school-age child-care facilities or nursery scnoois snau: a Comp 1�YnthpSubsection B(1) through (6) of this section. b) If a new ystructure or alteration is proposed, be compatible with the character of the neighborhood or district with regard to scale, design, architectural details, materials and setback. c) Provide an outdoor play space as specified by New York State Social Services Law. Such area shall be at least 1/4 the square footage of the structure in which the facility is housed, screened from the road from which the center takes access, either by the center itself or appropriate landscaping or other methods, and contained, by fence or other means, to prevent conflicts between adjacent properties and the facility's activities. d) Provide adequate parking facilities for the day-care center or nursery school at least Page 126 Zoning Law Public Review Draft August 22, 2007 one for every nonresident employee, plus one for every 10 children, and provide an off-street pickup and dropoff area either on the driveway or an approved parking area. e) Conform to other requirements, as specified by the Planning Board, to ensure that the center maintains the character of the neighborhood or district. D) Day-care center density bonus. Where a day-care center, as defined in Article II, is provided on the site of a nonresidential complex and where adequate off-street pickup and dropoff areas and sufficient facilities to ensure the overall safety of abutting traffic movement are provided, the Planning Board is hereby authorized to grant any one, or all of the following: 1) A waiver of the floor area of the day-care facility from the :cQmput tion of the maximum building coverage. 2) A waiver of the parking requirements of this sectionAU ovi that adequate parking for the day-care center employees can be provided` 3) A gross floor area increase over and above thi, um coverage permitted equal to that of the day-care ace u to 2 000 uare; feet. Y- p p s q ��.. § 210-66. Development master plan A) The following sets forth the procedure for approval a5. development master plan for those matters for which such approval is„required by this Clater. 1) Where development master plan approval by the TowNSMard is required by this Chapter no site plan, special use permit, subdivision, or variant dation shall be accepted or approved by the Planning Board or,, the Zorut`� ..Board of , 'eals, and no building permit or certificate of occupancy shall be issued for any ,development project unless said application has received the prior approval of this 46w h' Board as part of a development master plan in accordance with the procedures set forth below. 2) A develop me t masterr pi,, an shall consist of a concept plan for development of all lands and builain"O. thin the area(s) proposed,. for development and shall be prepared and processed as des nbed� below. The development master plan shall show the uses pr9R9R$9for each building proposed, for development within the parcel(s) proposed for The develo xh : ' aster lan shall include as an integral art of the application and the P p ,:. � �' p roject approv a plan for phasing of construction and development of all non - 1 ential and r” w ential uses, and all required infrastructure. The Town Board shall e that the ing plan includes, as appropriate, a mix of residential and non - res E. ; ial uses, ' tiding but not limited to the redevelopment/rehabilitation of historic ., strut the establishment of recreation areas, and the permanent protection of open space ani viroxlrnentally sensitive areas. Development of more than one phase may be under takeriultaneously subject to reasonable conditions established by the Town Board. 4) Nothing herein shall be construed as to prevent the issuance of a building permit for repair of a building or structure so long as such repair does not result in the expansion of said building or structure, and the repair is necessary to prevent the deterioration of the building or structure or to prevent or remove an unsafe condition. B) Development master plan application. An application for approval of a development master plan shall be as follows: 1) Applicant. An application for approval of a development master plan shall be made in writing to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the project or by a person or persons holding an option or contract to Page 127 Zoning Law Public Review Draft August 22, 2007 purchase the lands. In the event an application is made by a person or persons holding an option or contract to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence with the application. All approved plans shall be binding on all owners and their successors and assigns. 2) Applications. All applications for development master plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Town Board. The application must include a Part 1 Full Environmental Assessment Form. The application shall include the following information: a) Site location map. A site location map showing the location of the site in relation to existing roads, properties, structures, land uses, zonin _ tricts, school districts, service and utility districts, hydrogeologic zone bo ' arie , flood hazard areas, special groundwater protection areas, historic dist undaries, and other similar significant information for the subject property i a 1 areas within 500 feet of it. b) Environmental conditions map. This may of a single or a series of maps on a current topographic base and 11 indicate all sign environmental conditions including topography wi maximum vertical conto terval of two feet, wetlands by type and functi rns of 'sting vegetation.I habitat, a steep slopes analysis with categories o 10 > �o to 15%, anal, over 15%, soil conditions, buildings or sites of historical o eological significance, habitat areas for rare, endangered, threatened or specia ern species of flora and fauna, existing watercourses and drgnage patterns, flo zard areas and flood elevations, and the boundaries of anyogic zones s e oundwater protection areas, or other such classifications c ,xo the subje " perty. c) Land use and development plan. . proposed lan use and development plan illustrating the"applicant's land ,xea, rvation, azid""use and development concept for ^fe the entire prope�� including st stical summaries of the total proposed quantity and type �f each land use, includin�subtotals by school district. d) Phasing-li A proo,'sed phasing plan indicating the phasing of land dedication, site development and structure improvements, both on and off-site including the 01. jj Gral order o construct�o'estimated timing of each phase. o escrip�o% of the proposed physical changes to the project area in a report that inc grap)ii and .a supporting narrative. The application shall contain sufficient nd in ion for the Town Board or Reviewing Board to make the findings req d under this section. However, fully engineered plans and nstruction d' s are not required at this stage in the process. f) le Own Applications. Lots that are to be created may be owned by one or mo rsons nerships, limited partnerships, trusts or corporations, but must be prese a single property at the time of application to the Town Board. Such multipl ner applications shall be jointly filed and consented to by all owners and, if appr ed, shall be binding on all of them and all future owners. Legal agreements shall be provided, in recordable form and in substance satisfactory to the Town Attorney with the application. 3) Fees. An application shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA) subject to the limitations set forth at 6NYCRR 617.13. If the Town Board requires professional review of the application by a designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection Page 128 Zoning Law Public Review Draft August 22, 2007 with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required. C) Review and approval of a development master plan. The review and approval of a development master plan shall be conducted in accordance with the following procedures: 1) Town Board review. An application for development master plan approval shall be submitted to the Town Board. Upon receipt of an application the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered, and shall refer the application to the Planning Board for review and recommendation. The applicant or the applicant's representatives shall be present at meetings of the Town Board at which the application is to be considered. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process. 2) Planning Board review. Within one hundred sixty (160) days of receipt of the application from the Town Board the Planning Board shall make a recommendation to the Town Board as to whether in the opinion of the Planning Board the development master plan meets generally accepted planning and engineering standards for approval and whether it is generally in conformance with the Town Plan. ,The Planning Board shall also indicate any changes to the development master plan,that" in the opinion of the Planning Board, are necessary or desirable to achieve one or more of the goals of the Town Plan, this Chapter, or Chapter 177,,, The applicant or the applicant's representatives shall be present at meetings of the Planning Board at which tie, application is to be considered. Failure of the Planning Board lto provide a recommendation -within the specified time shall be deemed a recommendati6n-t6"Approve the development master plan. 3) SEQRA review. As the agency" ri cipally responsible for undertaking, funding or approving"' the development master; plate, the Town, Board shall declare its intent to be lead agency pursuant ';to 6 NYCRR 67 for review of all applications to establish or amend the IlkbD development master plan. No application shall be deemed complete until a lead a ency isestablished, a Negative Declaration has been issued, or until a Draft Environmental Impact Statement' "has been accepted by the lead agency as satisfactory witlpt t®reeopecontent and adequacy. The SEQRA review shall be Arocessed in accordance with N�'fart 617. Town Board, action. "Wathin one -hundred -sixty (160) days of receipt of a complete application, tie `Down Boh shall hold a public hearing on the development master plan. Notice of the public hearing shall be published in the official newspaper at least five (5) days prior to the gate set for public hearing. The Town Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one or more signs on the 1*6mises that is the subject of the application notifying interested persons that an application for -a' development master plan is under consideration by the Board. All notices shall -include the name of the project, the location of the project site, and the date, place, time and subject of the public hearing at which the application will be reviewed. Such notice shall not be required for adjourned dates. Within one -hundred -sixty (160) days of the close of the public hearing the Town Board shall act to approve or disapprove the development master plan application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The Board may, if it feels it necessary in order to fully protect the public health, safety and welfare of the community, attach to its approval any reasonable conditions or requirements for the applicant to meet. The decision of the Board shall be filed in the 1. 6 NYCRR 617.2(u). Page 129 Zoning Law Public Review Draft August 22, 2007 office of the Town Clerk within five (5) business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant. D) Criteria for approval of the development master plan. In determining whether or not to approve a development master plan, the Town Board shall consider the extent to which, consistent with the intent and objectives of this Chapter, the proposed project meets the following criteria: 1) The project conforms to the applicable purposes and goals of the Town Plan. 2) The project conforms to the purposes of this section and the applicable purposes of this Chapter. 3) The project conforms to accepted design principles in system, land use configuration, open space system, ( elements. 14 4) The project design would provide for adequa access to public transportation. 5) The project components are suitably the project uses would be reasonably dust, air pollution, high traffic volun constraints. 6) The architectural style of proposed buildings, and the scale of the buildinKwould be cc Section. '11'4rte., 7) The development of the site neighborhood. E) Approval of projects, following approval osbd functional roadway system and scale of the utilities, including to uses on ening lands, and ft conditions, suc Aors, noise, d uses and othernvironmental exterior materials, finishes, color qth intent and purposes of this effects on the surrounding plan. MW 1) Site plan approval reged. Site Pla review and approval by the Planning Board as provided In lArticle XII64 this Chapter shall be required prior to the commencement of any site work o tithe issu"nce of a buildin yermit. Changes to a previously approved site plan shall also re -,q proval The site plan application may be for a single pha Mr utiple poses of i ex� ppment master plan, or it may address development i� : a cove r9A by the master plan. �,; z. Subdivision a al If -f development proposal involves the subdivision of land as efined in this ter and hapter 177, the subdivision approval of the Planning Board ,.suant to Chap .177 shall be required prior to commencement of any site work or the i Lce a buil permit. Where practicable, the Planning Board shall conduct its reviappli on for site plan approval coincident with its review of an application for suion app oval. 3) Conformitdevelopment master plan required. The Planning Board shall not approve an site plan and/or subdivision within an area covered by an approved development master plan unless the Board finds that the site plan and/or subdivision is in substantial conformance with said development plan, and any conditions and requirements imposed by the Town Board at the time of its approval of the development master plan. 4) Request for changes to the development master plan. If during the site plan and/or subdivision review it becomes apparent that certain elements of the development master plan as approved by the Town Board have become infeasible or impracticable, the applicant may present a modified plan to the Planning Board. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the development master plan approval. If the modified plan is in keeping with the intent of Page 130 Zoning Law Public Review Draft August 22, 2007 the approved development master plan, then the Planning Board may approve the site plan as modified. If the modified plan is not in keeping with the intent of the approved development master plan then the applicant may apply directly to the Town Board for an amendment to the approved development master plan. Any such amendment shall be subject to the procedures as a new application. If an application for an amendment to the Town Board is not made, the site plan and/or subdivision plat shall be considered as disapproved. F) Time limits. If construction work on the proposed development project is not begun within three (3) years of approval of the development master plan, then approval of the development master plan shall become null and void and all rights therein shall cease unless the Town Board, for good cause, authorizes an extension. , § 210-67. Dish and microwave antennas. A) The provisions of this section are intended to antennas in order to minimize any adverse it structures. 1) Dish -type antennas must be set back shall be screened from existing residen 2) Site plan approval shall be required for § 210-68. Feeder roads. A) Purpose. The purposes of feeder 1) Maintain the flow and ci roadways and withiA pites. 2) Provide: on or adj 3) Preserve ca,, preventing a 4) ,S&'k"'AgRte 1 B) .AJAhority. As a construction of a construction of a ensure also reset but in no proposed: other of arterials or of 15 dish a side and lots, where and microwave ighborhoods and lines and ground -type, dish -type antennas. traffic along major residential developments located r roadways by controlling access and and traffic control devices. through traffic. ition bf, site „plan approval, the Planning Board may require the r road, consistent with the purposes of this section. Where immediate rxoad is not practical but can be reasonably anticipated, the Planning etW require the reservation of appropriate rights-of-way and other is a feeder road may be built in the future. The Planning Board may yard setbacks to provide sufficient space for proposed feeder roads, stbacks be changed any more than is necessary to accommodate the Q Design criteria: ""The construction of feeder roads and/or pedestrian accessways shall be considered where uses that generate significant traffic volumes abut arterials or other important collector roads, as such roads are shown in the Town Plan. Whenever practicable, feeder roads shall be located to the rear of structures to connect rear parking lots. Pedestrian accessways shall be located where appropriate and where they are likely to receive the most use. 1) Frontage roads. Where feeder roads are designed to be generally parallel to and abut existing roadways, the following criteria will be applied: a) Appropriate design provisions must be included to allow sufficient space for turning and stacking of entering and exiting vehicles. Entrances and exits on and off arterials Page 131 Zoning Law Public Review Draft August 22, 2007 or collector roads should be limited to the number necessary. Where feasible, the distance between any access points should be at least 1,000 feet. b) Roadway width must be sufficient to allow for the safe passage of vehicles. In general, 10 feet shall be provided for each travel lane and eight feet for on -street parking lanes. c) A landscaped buffer between the arterial or collector road and the feeder road shall be provided. Such buffer shall be at least 20 feet in width and shall comply with the provisions of §210-80, "Landscaping". d) Feeder roads must be built in accordance with the specifications contained in the Town of Poughkeepsie Town Road Standards [with the, exception of Subsection C(1)(b) above] and are subject to the approval of the To Engineer. e) Access to adjacent land uses must be designed of vehicles. 2) Rear feeder roads. Where feeder roads do not existing roadways, the following criteria will a) Feeder roads must be designed so Entrances and exits must be appr minimum necessary. b) The Town of Poughkeeps', Town Road Sta that the road width may uced to a mi reduced to a minimum of 10° '' safe ingress and egress take access from access to adjacent'°land uses. I their number,. limited to the shall be used with the exception of 20 feet and lane width may be 3) Pedestrian accessways. In additio Ao ox' of feeder roads, the Planning Board may require the construction of edestri acce q p ��yw�c'erve to connect two or more lots or sites. The desig of such acces shoul °Fipr ate the most pleasant pedestrian environment pollss�b 0 Vii, where ap riate, sho include landscaping and screening to insulate Mie pedest : ' , n from vehi lar traffic. Such accessways should be placed where most opriated are not reqed to be built adjacent to roadways. D) Driveway interconiaection the cons ction of a feeder road is determined to be inappropriate„ or mfeasbl to a bard may require the interconnection of existing entrancesand'Nexits, pan g lots or ays in order to eliminate the need for additional access points ontd mayor ro�a!ays. Temporary direct access. Wh(ifi- eeder road is planned, but will not be built immediately, Me the' Planning Board may grar4--'conditional conditional approval which would allow direct access to a roadway until the feeder road is improved and available. At such time the direct access to the highway. shall be eliminated. The Town Board will hold a bond or other form of guaranty to ensure that"such closureoccurs. F) Maintenance: The Planning Board shall require written assurance, deed restrictions or other methods acceptable to the Town Attorney, binding the owner and his or her heirs and assignees to permit and maintain feeder roads and any interuse of parking facilities or other improvements. § 210-69. Fences and walls. A) In a residential district, walls and fences not exceeding eight feet in height shall be permitted on any portion of a lot behind the front building line or the front setback line, whichever is less restrictive, except where the corner clearances are required for traffic safety and except as otherwise required in §210-69. Within required front yards, no hedge, fence or wall shall exceed three and one-half (3 '/) feet. Electric, barb wire, razor wire, and other similar fencing shall be prohibited. Page 132 Zoning Law Public Review Draft August 22, 2007 § 210-70. Flammable liquid storage. A) The storage of alcohol, crude oil, fuel oil, gasoline, liquefied petroleum gas or any other highly flammable liquid shall be subject to the Town of Poughkeepsie Fire Prevention Code, New York State Uniform Building and Fire Prevention Code and accepted standards. § 210-71. Funeral homes. A) Such buildings may contain space and facilities for: 1) Embalming and the performance of other services used in the preparation of the dead for burial., 2) The storage of caskets, funeral urns or other related funerlasupplies. 3) The storage of funeral vehicles. 4) Such buildings shall not include facilities for cremation. 5) Where a funeral home is permitted, a funeral cliape=shall also be pe itted. 6)All funeral homes shall meet the requirements for landscaping and oft �rpet parking. § 210-72. Garage sales and temporary tent sales '�' A) A nonrenewable permit issued by ,the Zoning Admmistretor is required in order to conduct a 'W garage sale for a maximum of three consecutive days, perts may be extended because of inclement weather. There must be a separate application eai time: a garage sale is held. The following regulations also apply:k 1) Merchandise bought for the express purpose of resale is ,prohibited. 2) There shall be a limit of two garage sale permits per, residential structure per year. 3) The sale shall be between the hours of 8:00 a.m. and 6:00 p.m. 4) The permit is `automatically revoked should the Town of Poughkeepsie Police, Senior Officer in Charge, state in writing that the sale is creating an unsafe traffic condition. 5) Tor"aryM•signs may, be posted for the duration of the sale, subject to the following a) Signs shai�`+xemoved at the end of the sale. Signs shall n , xceed six square feet. 47 B) Tempe /tent sales d&11 meet the following standards: 0 �� 1) Temporary/tent s shall comply with all the requirements of this chapter, as well as other ale,,"'gulations. N 4. 2 or Tem p arynt sales shall comply with the requirements for signs. 3) Special use permit approval shall be obtained for any temporary/tent sale to be conducted on the premises. Temporary/tent sales shall be limited to three per year per establishment. § 210-73. Golf courses. A) In any district where permitted, golf courses shall be subject to the following regulations: 1) Minimum area shall be 20 acres. 2) Any buildings incidental to the golf course shall be located at least 200 feet from any street or property line. Page 133 Zoning Law Public Review Draft August 22, 2007 3) Parking areas shall be located at least 50 feet from any street or property line. Off-street parking shall be in accordance with §210-92. 4) Fairways and greens shall be located at least 200 feet from any residential property line. 5) Year-round screening of all buildings and parking areas shall be installed along any residential property line of a design, location and material approved by the Planning Board. § 210-74. Home occupations. A) The provisions of this section are intended to protect and of the districts in which such uses are permitted. B) Only one home occupation per residential unit shall be be clearly secondary to the residential use. Q All home occupation activities shall be conducted "_ building. No outdoor storage or displays shall be pgrMfA D) No more than two nonresident employees sh a permi E) No more than 25% of a residential buildings fl ea, to such use. F) The residence must be occupied by those engaged in G) No exterior visual evidence of the`"" "T 1 nameplate identifying the name of offered may be authorized by the Zon " g two square feet and shall not be illumi&o H) Services and inst Bred shall be a time. No servi . gene noise audi I) The home o - p "pn shall t generate per day. J) Any additional parkin ce providedin4uch;.a man to prese L 110 No wholesale or retail, sales A stack-: 1V1) In , are residential character A home occupation shall of the principal in §210-9, shall be devoted occupation. of a home upation shall be permitted. A t carrying o ccupation and the service appeals. S �.. nameplate shall not exceed lied to no vire than five clients or customers at beyond the parcel boundary shall be permitted. four one-way, commercial vehicle trips Iluired by the Zoning Board of Appeals shall be residential character of the parcel. shall be permitted on the premises. :upatiori still creardo azard to public health, welfare or safety. M" to those us whicnot meet all the requirements stated herein, uses which prohibitied as home occupations shall include, but are not limited to, the & breaast, ambulance, taxi, towing or similar service; automobile -related p ling rOair, parts, sales, upholstery, body work, painting or washing service; store; commercial servicing of construction equipment; public stable; 3 hospital; group instrument instruction; boardinghouses; mortuary convalescent homes and other extended care medical facilities. business incl restaurant, b kennel; anis § 210-75. Hotels and motels. A) In any district where permitted, hotels and motels shall comply with the following provisions: 1) Hotels and motels may include accessory restaurant and other facilities not to exceed 25% of total floor area. 2) A hotel or motel may include general office accommodations subject to applicable district regulations. Page 134 Zoning Law Public Review Draft August 22, 2007 3) In a Highway Business (B-H) District, no sleeping unit shall be closer than 100 feet to any street line or 50 feet to any property line except where it abuts a residential district; then the distance shall be 70 feet. 4) Other activities or uses, whether permanent or temporary, which are customarily incidental to a hotel or motel are permitted; however, all such uses must be conducted entirely within the building. There shall be no external evidence of such activity or use other than permitted signs. § 210-76. Incentives A) Statement of Policy. Pursuant to §261-b of the Town Law, the Towff'of Poughkeepsie hereby establishes a policy of encouraging the preservation of open space and the provision of facilities and amenities that would benefit the Town by pro incentive(s) to applicants seeking approval of a major subdivision plat or a mul,"4. 5 lly �welopment, to develop the residential uses in accordance with the standards of thishapter an Chapter 177. B) Purpose. The purpose of the Town's system of incentive zoning is to ac)rance the goals and policies expressed in the Town Plan and this Chapter. Pursuant to a'F%. dings Statement adopted after the review and acceptance of a" Final Generic Environmental Impact'Statement that analyzed the potential environmental effects-;associatedwith adoption of this Chapter, the Town Board hereby finds that the system of incentive zoning set forth in this section is consistent with the Town Plan and that such incentives;are compatible with the development otherwise permitted in the reside lal districts as set Orth in this Chapter. As set forth lN below the Town Board has estab bd .standards for the proper application of incentive zoning to a major subdivision plat andmiultifamily development project, and the specific findings the Town Board shall mak prior toy approving an adjustment to the maximum density unit requirements of this Cha f' C) Grant of Authority 5 xasidering an appUcation for approval of a major subdivision plat or Nr multifamily dev, pmeri��oject the Town Board 'is hereby authorized to adjust the maximum de "wunit req ments of thszoning district in which the property is located in exchange for on , or mord of the specifica] 4dentified incentives, and in accordance with the standards and ccdit�or set Forth below rn authorizing the incentive adjustment to the maximum density unl sunt -o Bald seeton the Town Board shall ensure that the benefit to tth+e Town german and may req'mre such easements, surety or other performance guarantees toar d" diems necessary. Applicability. The incentives set f6rth herein shall be applicable only to parent parcels of not less, than twenty fiv 25) acre hand that are zoned R -4A, MA, or R -1.5A for which an apph�on for approv of a major subdivision or approval of a multi -family development project"`pursuant to this Chapter and Chapter 177 of the Town Code is submitted. The Town " •s Board is solely vested w rith the authority to grant an incentive bonus in return for one or more of the benefits "as set forth in this section. E) Location of Opera' pace. The Town Board is authorized to require the reconfiguration of a development plan to ensure that the open space to be protected under the plan consists of Usable Open Space as defined in this Chapter F) Maximum Allowable Adjustment. In no event shall the total of the Tier 1, Tier 2, Tier 3, and Tier 4 incentive adjustments set forth below exceed one hundred (100%) percent of the base maximum density unit calculation for the conventional subdivision or multi -family development project as determined by the Planning Board in its recommendation to the Town Board. Only one (1) adjustment per Tier shall be allowed for any one development project. G) Incentives. Notwithstanding any contrary provision of the Town Law, this Chapter, or Chapter 177 that limits or restricts the maximum unit density of a proposed major Page 135 Zoning Law Public Review Draft August 22, 2007 subdivision or multi -family development project, an applicant may apply for an incentive adjustment to the maximum unit density requirements of this Chapter in exchange for one or more of Tier 1, Tier 2, Tier 3, or Tier 4 benefits for any major subdivision or multi -family development project. 1) Tier 1 Open Space Incentive. The calculation of the Tier 1 Incentive is based on the maximum density unit calculation for a conventional subdivision or a multi -family development project prior to the addition of any Tier 2, Tier 3, or Tier 4 incentive, and shall be in addition to any Tier 2, Tier 3, or Tier 4 incentive adjustment up to the maximum allowable adjustment. a) For the permanent preservation of not less than forty (4 ercent of the gross land area of a parent parcel as Usable Open Space a thirt 0%ercent increase in the total number of dwelling units; or b) For the permanent preservation of not less thy ( °n= ercent of the gross land area of a parent parcel as Usable Open Sp cA ty (40 rcent increase in the total number of dwelling units. 2) Tier 2 Land Dedication Incentive. The ca, iation of the Tier 2 Ince is based on the maximum density for a conventional s ion or multi -far nt project prior to the addition of any Tier 1, Tier 3, r4 i ive, and shall In addition to any Tier 1, Tier 3, or Tier 4 incentive a u to the maximum allowable adjustment. a) For the dedication of not leh; land for public use for trails (50%) percent increase in thei b) For the dedication of not less land for ball fields fully built increase iwthe.to number of gradings ri the refe�tt fields, r. fifteen (15) co - ous acres of Usable Open Space Ifir passive recr waterfront access, a fifty er of dwellin s; or the resp+ectiive sport, reasonable diE adult usagC`such aoji usage to be and adequate'ncing cos b ti pus acres of Usable Open Space hed applicant, a fifty (50%) percent units,; �, finished ball field shall include all lineage and other specifications relevant to a and measurements required for children or mined in the discretion of the Town Board, amenities; or N i etion oft�hi 1 applicant, either of the public uses set forth in " or "b" above may be dedicated and shall satisfy the nt ier 2 incentive, provided, that such dedication shall be by t easee t or conveyance of land in -fee to the Town. Based upon f the case, the Town Board shall also determine the impact of such or conveyance on any parkland or in -lieu of parkland fee thereof. (i The T Board shall ensure that the lands dedicated for public use under =: e 2 incentive are usable in fact for trails, active or passive recreation, terfront access and do not consist solely of wetlands, water bodies, steep pes or other environmentally constrained lands not suitable for public use. "The Town Board is solely vested with the jurisdiction to approve a Tier 2 incentive, and to accept a land dedication hereunder. (iii) Notwithstanding anything to the contrary hereunder, if an applicant proposes active recreation in the form of a ball field within 100 feet of one or more existing or proposed residential units under this Chapter, the applicant may, in its discretion, include a covenant and the Town Board shall agree that the Town will not construct lighting at the ball field, aside for minimal lighting for security purposes, which covenant shall run with the land in perpetuity. 3) Tier 3 Workforce Housing or Senior Housing Incentive. The calculation of the Tier 3 Page 136 Zoning Law Public Review Draft August 22, 2007 Incentive is based on the maximum density for a conventional subdivision or a multi- family development project prior to the addition of any Tier 1, Tier 2, or Tier 4 incentive, and shall be in addition to any Tier 1, Tier 2, or Tier 4 incentive adjustment up to the maximum allowable adjustment. The bonus density shall not exceed thirty (30%) percent regardless of the unit allocation. a) If not less than ten (10%) percent of dwelling units qualify as affordable a fifteen (15%) percent increase in the total number of dwelling units; or b) If not less than twenty (20%) percent of dwelling units qualify as affordable a thirty (30%) percent increase in the total number of dwelling units; or c) If not less than ten (10%) percent of the dwelling uni _5 a ify as senior housing a fifteen (15%) percent increase in the total number of41"I"IN, Ring units; or 141 d) If not less than twenty (20%) percent of the dwelhi,g um qualify as senior housing a thirty (30%) percent increase in the total numbf dwelin units. e) For the purposes of this subsection "affordable" shall mean: (i) For residential units available "f6 purchase a sales price" n the means of a household income which is eig'i (80%)percent of the me come of the Town of Poughkeepsie as dei" by t United States epartment of Housing and Urban Development (ii) For residential units available for rent 4ental price within the means of a household income Bich is sixty (609/c) epnt of the median income of the Town of Poughkeepsie771," defined by th rated States Department of Housing and Urban Deve�lop44*, , f) For the purposes of this subsection, "S§nidar Qusine' shall mean housing that may gM only be occu by elderly fax�flhegand the R milies as defined and described below. N ' , ding the definition of "family" as defined in Article II of this Chapte4n' d for l doses of this article, an "elderly family" shall consist of. . (i) mangle pereoli 55 years of a, ge or: older; Yt. . (ii) Two tir three persons, all of whom are 55 years of age or older; (iii) marrie '` uple, the husband or wife of which is 55 years of age or older; (iv) n:hild resi with a parent who is 55 years of age or older, provided tha f4ulid child i�per the age of 18; MA (v) The su Viving spouse of a person 55 years of age or older, provided that the MW6survAi ' spouse was duly registered as a resident of the development at the time of the elderly person's death; or (vi) "One adult 18 years of age or older residing with a person who is 55 years of ag'or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State. (vii) A single person who is physically handicapped and between the ages of 18 and 55; (viii) A married couple, the husband or wife of which is physically handicapped and between the ages of 18 and 55; (ix) One child residing with a parent or grandparent who is physically handicapped and between the ages of 18 and 55, provided that the child is also 18 years of age or older; (x) The surviving spouse of a person who was physically handicapped and between the ages of 18 and 55, provided that the spouse was duly registered Page 137 Zoning Law Public Review Draft August 22, 2007 as a resident of the development at the time of the physically handicapped person's death; or (xi) One adult 18 years of age or older residing with a person who is physically handicapped and between the ages of 18 and 55, provided that said adult is essential to the long-term care of the physically handicapped person as certified by a physician duly licensed in New York State. 4) Tier 4 Historic Preservation Incentive. The calculation of the Tier 4 Incentive is based on the maximum density for a conventional subdivision or a multi -family development project prior to the addition of any Tier 1, Tier 2, or Tier 3 incentive, and shall be in addition to any Tier 1, Tier 2, and Tier 3 incentive adjustment up to the maximum allowable adjustment. a) For the rehabilitation and adaptive reuse of a strucfuxe listed on the state or federal list of Historic Places, or on the Town of Po ghkee"swe list of designated local landmarks, twenty (20%) percent increase in the c�tal nof dwelling units. 21 H) Procedure. The Town Board shall review and approve any incentive adjustment pursuant to this section. -'V 1) Applications. An application for an incentrvs'bonus shall be in writing and submitted to the Planning Board as part of an apphcatio D,,t approval of a major subdivision plat, multi -family development or cluster subdivision. The application shall include a statement as to the estimate buildable yield of the"`proposed development parcel, a copy of an Environmental Assessm' orm (EAF) or Draft environmental Impact Statement (DEIS), a boundary and topogr = ey accurately depicting existing site conditions, a proposed subdivision plat or e d a gra dui i `plan. The application for an incentive bonus shall also contain expa, and necessary drawings describing the proposed amemty(ies), include any, vents, i easement or other restrictions proposed to be im upon the use, ,' - t e land, M, ings or structures, and explain the requested incs�ive tment. 2) Fees. 4"1"1 kation AM beaccompa�iedby an application fee as set by the Town Board. All app"hcation s are in additi any required escrow fees, and do not cover the cost of en b t Planning Board. If the Town Board or the Planri ri -,B and req pro es H -, ew of the application for an incentive bonus by a Fprivate °plat ning, end ering, leg or other consultants, or if they incur other extraordinary e�tpense t ew documents or conduct special studies in connection with the proposed application, ruble fees shall be paid for by the applicant and an escrow u Aenosit will be rem fired. 3) Pi ng Board review and referral. The applicant shall submit its application for approval of a major�`subdivision plat, multi -family development or cluster subdivision, includm the appcation for an incentive bonus, to the Planning Board. At the next regular meeting 'of the Planning Board at which the application is to be considered the Planning BW shall refer to the Town Board the application seeking an incentive bonus. The Planning Board shall also include a statement of its determination as to the buildable yield of the development parcel and the number of density units that may be constructed. The Planning Board shall continue its review of the application for approval of a major subdivision plat, multi -family development or cluster subdivision simultaneous with the Town's Board's review of the application for an incentive bonus all in accordance with Chapter 177 or Article VIII of this Chapter, as the case may be. 4) Town Board review. Upon receipt of an application for an incentive adjustment the Town Board shall notify the applicant of the place, date, and time of the meeting at which the application is to be considered. The Town Board shall review the application for the incentive bonus, and shall issue its decision within sixty-two (62) days of the date of referral. The Town Board's review shall be limited to a determination whether the Page 138 Zoning Law Public Review Draft August 22, 2007 applicant has complied with the criteria set forth under paragraph "G" hereof. An applicant that meets the criteria set forth in paragraph "G" above shall be granted the additional incentive density. 5) Town Board Decision. Within thirty (30) days of the issuance of a Negative Declaration or Finding Statement under SEQRA, as the case may be, the Town Board shall make a final decision regarding the application for an incentive bonus, and shall approve the application to the extent that an applicant has satisfied one or more of the Tier 1, Tier 2, Tier 3 or Tier 4 incentive criteria established under this chapter, provided however, that adjustments to density shall not exceed the maximum allowable density requirements of this Chapter or Chapter 177. Prior to issuing its final decisio =.regarding an application for an incentive bonus, the Town Board shall notify the a " vt•a of the place, date and time of the meeting at which the application is to be cons,. red. 6) In authorizing Workforce Housing or Senior Hou sl the n Board shall require an agreement with the developer to ensure that the s will r affordable as defined herein for a period of not less than twenty-fiv+," ( `b) years the date of initial �- . occupancy. In addition, the Town Board mayrequN the develop" repare and keep current a list for Workforce Housing or senior Housing occupanc at may include preferences for municipal and emergen ( t rkers, town residents, and cb _, residents. I) Findings. Before approving an adjustment to th maxim &allowable dens requirements of this Chapter in exchange for one (1) or more olidentified benefits, the Town Board shall make the following specific findings: 1) That the major subdivision or multi -family developme lication provides one or more of the benefits identified under the flier l Tier 2, Tler 3 4 incentive. 2) That the proposed adjustments density requirements of this Ch. 3) That the un affordable h the occupan certify may Board. The one (1) or or collectively exceed the allowable designated as "affordable housing" acid "senior housing' shall remain as ing or "senior housing by an annual certification to the Board identifying Df the units by qualified ",persons and families, and that a failure to so deemed a violation of the ,bite Plan Approval granted by the Planning wn "Board may, grant one ',(1) or more waivers from this provision, not to year each, upon wrifte i request and proof from the applicant that despite V,tPhe licai has been unable to locate persons or families qualified to occupy �units�designated as "affordable housing" or "senior housing". d 'as "affordable housing' and "senior housing" shall remain nt approved by the Town Board Attorney that shall be filed in County Clerk. or performance guarantees between the applicant and the Town dedication and provisions for the costs of land or improvements are e as of the date the final plat map is signed by the Chairman of the A) In any district where permitted Inns shall comply with the following provisions: 1) A minimum of three (3) acres is required. 2) The number of guest rooms shall not exceed 25. 3) Restaurant and conference uses shall be accessory to the overnight accommodations use. 4) The total gross square footage of floor space devoted to accessory restaurant and conference facility space shall not exceed forty (40%) percent of the total gross square Page 139 Zoning Law Public Review Draft August 22, 2007 footage of the Inn. 5) No parking or loading area shall be located within fifty (50) feet to a property in residential use or to property located within a residential district. 6) The Dutchess County Department of Health shall certify that the water supply and the sewage treatment systems are adequate for the maximum occupancy, including overnight guests and restaurant guests. 7) The Inn shall prepare and maintain an emergency evacuation plan in accordance with Dutchess County Health Department and Town of Poughkeepsie regulations, as applicable. - 8) Parking spaces shall be provided as follows: a) Overnight accommodations. Not less than one (1) space per guest room shall be provided. b) Restaurant. Not less than one (1) parking space dor each , (3) seats, or one (1) for each seventy-five (75) square feet of gr ss floor area, wluche�s greater. c) Conference facility. Not less than one,1) parking for each seuty five (75) feet of gross floor area. d) Employees. Not less than one (1) parking space for every three employees shall be provided.�. § 210-78. Kennels. A) In any district where permitted, kenn „ sl 1) The minimum area for a kennel sha >b 2) Kennels shalLow shallowfrom adjac 80, "Landsca gng", as as the condi 3) There shall ' no offens ; :e odor, emit the lot.' 4) Axl„built residents and bulk § 210-79. A) Purpose: -,The purpose 6) "these regulations is to protect the public health, safety and welfare by regulating ,landfilling, land contour changes, site preparation, construction activities and other land alterations -not specifically excluded and not constituting soil mining or quarrying. Relative to this\purpose, these regulations are intended to: 1) Control erosion and sedimentation to protect water bodies and prevent increased flood hazards. 2) Protect people and properties from slope instability, landslides and slumping. 3) Prevent land alterations which will adversely affect groundwater and surface waters. 4) Minimize on-site and off-site adverse impacts. 5) Provide for the reclamation and reuse of disturbed areas. 6) Prevent unnecessary destruction of trees, vegetation and other unique natural features. 7) Prevent unnecessary modification of natural topography or unique geological features. contour I with the following provisions: streets an+rproperties in accordance with §210 - ns established in the site plan approval process. (,y -'t -he use, discernible at the property line of ;ed at a distance of at least 200 feet from any construction is used, normal district setbacks Page 140 Zoning Law Public Review Draft August 22, 2007 8) Preserve and protect the natural beauty of affected areas. 9) Preserve and protect the character of neighborhoods and areas within the Town. 10) Ensure that landfilling, land contour changes and other land alterations are consistent with the Master Plan of the Town of Poughkeepsie. B) Land contour change, minor. 1) This section applies to land contour changes which: a) Involve contour changes greater than two feet; and/or b) Involve the movement of more than 50 but less than 300 cubic yards of material naturally occurring at the site. 2) Items in Subsection B(1) above shall be subject to the £oljowing regulations: a a) No land contour change as previously described shall take place without the issuance of a contour change permit by the Zoning Administrator. b) The Zoning Administrator, upon written, application, may authorize a change of land contours in excess of two feet, if said change does not involve more" than, 300 cubic yards of clay, loam, sand, gravel or other substances, naturally occurruig,on the site. Such information andlans as are necess evaluate thea hi ation may P m'3'j PP. Y be required. Such authorization shall have the rrxr a q p " pproval of the Town Engineer. c) Prior to the issuance of a ln,d contour change^ permit, the Zoning Administrator shall require the applicant to Ait 'a written documeii outlining the purpose, method and extent of the proposed landoxatour changes aid may require the applicant to submit a grading plan and Ailda�a, orts or documents, as deemed necessary by the Town, to determine that th' roposedl "' tour change: 3) Shall not adver ,ct natural drainage or the s ctural safety of adjoining buildings or lands. 4) Shall note" any noxious or injurious condition or cause public hazard. 5) Is in conforman =nth oses outlined, reviously in this section. 6) DoesiiWconstitute mmin`of*(05rying as defined in the Excavations Law. of a�. ) If upon uis ectio Y` Zoning Administrator finds that an excavation is not in conformari&e with the -eta, outlined in Subsection B(2)(c) above, the Zoning Administrator'.may requLlre the premises to be immediately cleared of any rubbish or 4 building materw.ls, retuned to its original contours, topsoil replaced and a ground ver adequate,p prevent erosion established. �,, b) districts `the Building Inspector and Town Engineer may authorize, with the issu", of a ,wilding permit, land contour changes in excess of two feet on no more than i6fibe site, if such changes are for grading related to the construction of a building or structure. In the event that construction of a building or structure is stopped` prior to completion and the building permit is allowed to expire, the premises shall immediately be cleared of any rubbish or building materials and any excavation with the depth greater than two feet below existing grades shall immediately be returned to its original contours and the topsoil shall be replaced and ground cover shall be adequate to prevent erosion. C) Land contour change, major. 1) A land contour change permit shall be obtained for all landfilling operations which: a) Involve landfilling or removal of more than 300 cubic yards of fill; or b) Cause the raising or lowering of grade more than two feet. Page 141 Zoning Law Public Review Draft August 22, 2007 c) Exceptions. A land contour change permit shall not be required for landfill activities that are undertaken in conjunction with a Town -approved development activity in which a valid building permit has been issued. 2) Written application requesting the land contour change permit shall be submitted to and subject to the approval of the Planning Board in accordance with the following provisions. Each application shall be accompanied by the following information: a) A statement clearly detailing the nature and extent of such proposed operations, including the type and amount of material to be filled, regraded and removed, the manner in which it will be accomplished, the proposed hours of operation and a time schedule for the completion of the various stages of the op, ern. b) Ten copies of a topographic survey, prepared by a 3„ensed engineer or surveyor, showing: F 3) The boundaries of the property where the landfill iroposedfl the boundaries of the work area. 4) Existing contours in the area to be filled arty '`proposed contours aper completion of the work, which contours shall be prepared fr � an actual survey, shall b base'. on a bench mark noted and described on the mapM,excee'A e Awn to a scale of not yes than 100 feet to the inch and with a contour inteo feet. 5) 6) 7) 8) 9) Existing and proposed drainage on the premises7l Surrounding streets and proper lines and names Principal wooded areas, rock Existing and proposed structures oh' the 1 Proposed truck acces and routes tolle.l a) A proposed plan fox the control of eTA, b) Such other professi Wally prepared`' physical, g 619,gicaL,and hydrological required by tl% P1a `nnanoard u� and owners. ing properties. , plans, boring tests, feasibility studies, as and other engineering data as may be to determine and provide for the proper The Planri ' Ward may_,,,rant or renew a landfill permit for one year if it finds that the following con and rquirements have been met: The natural ty of th "Town or district shall not be impaired or affected. The plan pro " " s for proper drainage of the area both during and after the filling 613 ation and X11 not adversely affect the structural safety of adjoining buildings or c) No shN c ivities, pits, depressions or soil erosion problems will be created and no slope ora,'ank will exceed one foot of vertical rise in two feet of horizontal distance or exceed whatever lesser slope is necessary to maintain stability under the particular soil conditions. d) The proposed landfill will not impair the future use of the property in accordance with this Zoning Chapter, and the slopes and banks will not impair good development and safe use of the property after filling. e) Proper provision will be made for the control of dust. i) The natural beauty and function of water bodies, floodplains and wetlands shall not be impaired. g) Either the top layer of arable soil for a depth of six inches shall be set aside and Page 142 Zoning Law Public Review Draft August 22, 2007 retained on the premises or a substitute topsoil shall be spread over the filled area upon completion of the landfill in accordance with approved contour lines and seeded with a suitable cover crop. h) Suitable fencing for enclosing the property in which the landfilling operation is located shall be provided if the Planning Board determines that such is required. i) The proposed truck access will not create safety or traffic hazards. j) Trucks and vehicles shall be operated so as not to spill material upon the roads and highways. All trucks shall be covered. 11) The landfill permit shall provide specifically which of the foliwing materials may be used as fill in a particular landfill. Those items which maybe authorized as fill are: a) Large boulders and blasted rock which have been, br ' up to the extent that no voids will occur, or large boulders and blasted rack whichkve been mixed with other acceptable site material as set forth herein .in the approximate proportion of 70% boulders and blasted rock to 30%acceptable `s£e material. b) Precast masonry, concrete sidewalk slabs yand other concrete matrals which have been thoroughly crushed before use aril mixed with other acceptable szte material as set forth herein in the approximateproportions of 70% concrete and masonry items to 30% acceptable site material."X F c) Heavy soils such as dense clay and silt, provided that they will not block natural surface or subsurface drairiab%e . d) Organic soils and inorganic 644A@ch ,as clay, loam, gravel and sand. 12) The applicant shall be required to furnish a p mance Bond in an amount determined by the Town Engineer to be suffic ent tom guar ,cimpletion of the finished grading and drainage S '"ond shall be released only upon certification by the Town Engineer that all req u amen "eluding the finished grading and drainage, have been complied with. ; 13) If at any time lag Board finds tla the landfill is not being conducted or cannot be conductedin ordet lans ,ass approved, the Board shall notify the Zoning d Airtitrator to ori the apph a��o cease operations and to stabilize the disturbed .W Upon approval, orae copy e; -approved landfill plan shall be returned to the applicant P,,y the Planning eartmen Together with the landfill permit. § 210-80. L - dscaping. A) Purpose. It declareflo be the purpose of the Town of Poughkeepsie to protect the health safety and well of the residents and commercial interests of the community by ensuring that appropriat landscaping is installed in new developments. The Town finds that landscaping serves many important functions, including minimizing the risk of damage resulting from soil erosion, protecting water and air quality, the protection of property values by maintaining the aesthetic standards of the community and the preservation of the visual experience. B) Required landscaping plan. Any application for approval of a site plan or special use permit shall be accompanied by a separate landscaping plan unless waived by the governing board. Said plan shall be submitted on sheets drawn at the same scale as the overall plan and show existing and proposed landscape elements. Q All required landscaping shall be maintained for the life of the site. Page 143 Zoning Law Public Review Draft August 22, 2007 § 210-81. Lighting. A) General regulations. 1) No artificial lighting shall shine directly upon any neighboring residential property located in a residential district or be so established that it shall shine directly upon any residential property or shall shine directly on or into any room or rooms, porches or patios of any residential property, nor shall any artificial lighting be maintained or operated from any structure or land in such a manner as to be a nuisance or an annoyance to neighboring residential properties or as to interfere with the physical comfort of the occupants of residential properties. 2) Flashing sources of illumination are prohibited.., 3) Lighting that moves or has moving parts is prohibited 4) Strip lighting outlining commercial structures and see to�attract attention to the non- residential use, and strings of light bulbs used in ani„ connection with a non-residential use premises is prohibited unless fully shielded ` T ; 5) Vegetation screens should not be employed serve as the primary means for controlling glare. Rather, glare control shall be ach,3 ved through the use of sucht ear s as cutoff fixtures, shields and baffles, and appropriale applica ion of fixture mounting height, wattage, aiming angle and fixture placement. AVr 6) Exterior lighting shall enh ce the building eslgn and the adjoining landscape. Lighting standards and buil ;fixtures shall be a�a design and size compatible with the building and adjacent areas` mined by the M6ming Board. 7) Security Lighting should use to sible illumination to effectively allow surveillance. 8) Under canopy h or such uses soline se =6 stations shall be recessed so that the lens cover� u sed, or flus with the bottom surface (ceiling) of the canopy or shielded b fixture X' he edge of t canopy so that light is restrained to 85 degrees or less from tical. 9) Luminaries use °" an ,outdoor recreational uses shall be exempt from the helghi xestric rove e " er provisions of this Article are met and such htghting 1s•usel only the field is in use. XQ) Awnings and canopies use lding accents over doors, windows, walkways, and the like, shall not beriernally ruminated (i.e. not lit from underneath or behind). .R' d 11)�`Ei'xtures and lighting systems used for safety and security shall be in good working order andsall be maintained in a manner that serves the original design intent of the system. B) General 1) Where pracl kcal, exterior lighting installations should include timers, dimmers, sensors, or photocell, controllers that turn the lights off during daylight hours or hours when lighting is "not needed, to reduce overall energy consumption and eliminate unneeded lighting. 2) Exterior lighting installations should be designed to avoid harsh contrasts in lighting levels. 3) Vegetation and landscaping shall be maintained in a manner that does not obstruct security lighting. 4) Site lighting shall minimize light spill into the dark night sky. Q Exterior Lighting Plan Review. Page 144 Zoning Law Public Review Draft August 22, 2007 1) An application for site plan approval shall include an exterior lighting plan depicting the number, location, mounting height, and type of proposed lighting fixture and level of illumination on the site and at the property lines. The exterior lighting plan shall include at least the following: a) Manufacturer specification sheets, cut -sheets or other manufacturer provided information indicating the specifications for all proposed lighting fixtures. b) The proposed location, mounting height, and aiming point of all exterior lighting fixtures. c) If building elevations are proposed for illumination, drawiInshall be provided for all relevant building elevations showing the fixtures, the t i�"pf the elevations to be illuminated, the luminance levels of the elevation s,d the aiming point for any remote light fixture. d) Computer generated photometric grid showing= oot candT readings every ten (10) feet within the property or site, and ten(10eteyond th erty lines. Iso-foot- 0111candle contour line style plans are also acctaMe. 2) Additional information may be requested fo3owing the initial lighting p preview, D) Residential District Lighting. 1) Within a residential district, all new parkin' lot lighting and site lighting for developments, other than single family dwellings, s .; e comply with the following: ` a) Illumination at the property line shall not exceed 0: t candles. b) Luminaries shall be full cut-off type unless otherwis etermined by the Planning Board. " c) Outdoor light fixtures equipped with floodlights are prohibited. d) Wall pack' outdoor i ht fixtures lobated on a front or side fagade of a building or structre.ahall be fu1l!cutoff. e) Non -cutoff outdoor light fixtures shall be limited to walkways, outdoor seating areas 0er areas app oved`% such fixtures as part of a development plan. i may produce glare so as to cause illumination beyond the boundaries of Y P . Y the prop which is located are prohibited. Freestandin hts shall be appropriate to the design of the structures and shall not exceed fifteen` )feet in height. Wall mounted light fixtures shall not be mounted her than t e (12) feet above the ground level immediately below the location of ;vght fixt Both freestanding and wall mounted fixtures shall be fitted with in 1 shie `"'to allow for the re -direction of light to avoid glare and the splaying of light ll E) Centers, Hamles, Business, and Commercial, district Lighting. 1) Within Centers, Hamlets, Business, and Commercial districts, all parking lot lighting and site lighting shall comply with the following: a) Illumination at the property line shall not exceed 0.2 foot candles. b) Luminaries shall be full cut-off, or semi cut-off as determined by the Planning Board c) Freestanding lights shall be appropriate to the design of the structures and shall not exceed twenty (20) feet in height. Wall mounted light fixtures shall not be mounted higher than fifteen (15) feet above the ground level immediately below the location of the light fixture. Both freestanding and wall mounted fixtures shall be fitted with Page 145 Zoning Law Public Review Draft August 22, 2007 movable shields to allow for the re -direction of light to avoid glare and the splaying of light to off-site locations. d) Wall pack outdoor light fixtures oriented toward an adjacent residential property or a residential district shall be full cutoff. e) Non -cutoff outdoor light fixtures shall be limited to walkways, outdoor seating areas or other areas approved for such fixtures as part of a development plan. f) For exterior lighting installations and fixtures within fifty (50) feet of a residential property or a residential district freestanding lighting fixtures shall be no higher than fifteen (15) feet above grade and shall be full cut-off a g) All outdoor light fixtures on single use site, shopping center, integrated center, business park or industrial park, including those tau free-standing light poles and those attached to buildings, security lights,an arclnectural lights, shall be of consistent or compatible style, pole height, moue ing heights color, intensity, design and materials with other outdoor light fixture, within the lob; nut lot, single use site, integrated center, business park or industrial park. h) No artificial lighting shall shine directly upon any neighboring residential property or residential district, or be so established that 'Jit shall shine directly upon any residential property or shall shine directlyn or,n any room or rooms, porches or patios of any residential property, nor shall hf artificial lighting be maintained or operated from any,structiire or land in suck -,k, -Manner as to be a nuisance or an annoyance to neighboring ential properties or as to interfere with the physical comfort of the occupants of properties N - ' F) Enforcement. To assure that site li€ the Zoning Administrator shall have fixtures to minimize . 4 -eliminate g §21 to ensure continuou• I limited to, req ur ns=°g the i light, and chain to the as directed by the nin approval granted undue, following reqs he expansion i4es,,. services, operation 1) All of e with Ltion of of the i adversely affect neighboring properties, ecu�re'changes to the on site lighting e sp=of light across property lines, and action. Such changes may include, but are not wattage bulbs, the addition of shields to deflect or.,shields. Failure to implement the changes e a violation of this section, any permit or nts an f-andards shall apply to new marina proposals, to projects ;ting xnnrinas and to related use proposals, such as sale of marine nd equipment; boat yards; boat repairs; manufacture, assembly or 's such as boats, sails and hardware; charter boats and fishing guide or annual membership clubs which are water -dependent: listed in the specific zoning district. 2) Structures wiii be sited inland from the waterfront as much as possible, to increase open space along the waterfront and to minimize exposure to flooding and reduce runoff and non -point source water pollution. 3) In general, all new marina proposals or expansion of existing marinas shall, as appropriate, include sufficient parking, park -like surroundings, toilet facilities and marine pumpout facilities. 4) Marinas shall be located in areas where minimal physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project. Page 146 Zoning Law Public Review Draft August 22, 2007 Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years. 5) Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs. 6) Sewage pumpout facilities shall be provided at new marinas and expansion of existing marinas at a minimum rate of one pumpout station for every 100 boats accommodated, or fraction thereof. 7) Adequate restroom facilities for property users will be required to discourage any overboard discharge of sewage from boats in order to pro water quality and to provide a development amenity. The number of toilets requ q .any given marina shall be determined by the nature and size of the marina ands, its specific site locations. 8) The applicant must demonstrate adequate sanitary wastes generated by the project. 9) An ample number of signs must be provided to idea and of pumpout facilities. Signs must `asst, fully governing the use of the pumpout facilities. fp 10) Trash receptacles shall be plentiful and conveme" trash and waste. A maxim` spacing of 1001 maintained on all piers and doc e. § 210-83. Mobile home park district. the location lain the nr of or treat all and rules encourage the proper disposal of y. between receptacles shall be A) Mobile homes shall.b ocated within " hobi a homie"p"iffis and mobile home subdivisions within Mobile Ho B) Mobile home are perm, ed by spec143use permit from the Zoning Board of Appeals in Residence, Mo Y some DiVActs subject to 1=hec£ollowing regulations: 1) Park size and cd It ,� obile home park shall have a minimum area of 175,000 s e rand sha'! ntain n rnor ian one mobile home for each 6,000 square feet of oss areg"I., uding ,F used for access roads, recreation, service facilities and screen planting. 3 ize of lots. No ile home` of shall be less than 6,000 square feet, nor shall any lot less than 60 "t of froniage on an access road. 3) C ces. Each 'bile home shall be located on the lot with the following minimum clear : sides: feet from side lot lines; ends: 40 feet from rear lot lines, 25 feet from access ex or lot lines: 30 feet. In computing these clearances, auxiliary rooms, porches a ar accessories connected to or associated with the mobile home shall be considered part of the mobile home. Tool sheds of less than 100 square feet with sides of less than six feet in height are not subject to these clearance requirements. In the case of single -wide mobile homes, the front, rear and side yard setbacks shall be 10 feet from the property line. 4) Automobile parking. There shall be at least two off-road parking spaces for each mobile home within the mobile home lot. 5) Parking bay. Each off-road parking space shall be at least nine feet wide and at least 18 feet long. 6) Recreation area. A minimum of 10% of the total park area shall be set aside and used for open space or recreational area for the park. Such land shall be suitable for such use and Page 147 Zoning Law Public Review Draft August 22, 2007 shall be maintained by the owner of the park in a neat and usable condition for the residents of the mobile home park. Setbacks from streets and property lines required in Subsection B(3) above shall not be deemed to be a part of the required recreation or open space areas. 7) Screening and landscaping. Each mobile home park shall have a landscaped area at least 20 feet wide along exterior lot lines and public roads, suitably planted and maintained to provide visual screening from adjacent properties. The Planning Board may also require a fence for additional screening if appropriate. At the option of the Planning Board, existing vegetation can be used in lieu of screening requirements. Ak 8) Internal road system. Mobile home parks shall have an into 5,01 -road system capable of meeting the needs of public safety and welfare, as deter ed bby the Planning Board, which may require two or more access points for the p_W 4se of emergency service. Two or more access points are mandatory for applications 0 N., re lots. 9) Underground utilities. All utilities shall be place ,,uri erground. 4 10) Street signs and numbering. All internal ro a adequatelymarked with signs to facilitate the provision of emergency se Each unit must be sep tely, numbered for convenient identification. 11) Skirting. All mobile home units must be ful ' ' e min 30 days of placement on site. 12) Standards. All replacement mobile home units mu. sa a been built after June 15, 1976, and in conformance with the Feilera, Mobile Home Co etion and Safety Standards. m �. me Taf ,shall provid C) Additional provisions. Each mobile hoitary conveniences, service and utilities, including water supply, ""sewage sal and age disposal, commensurate with the following:ri, 1) Water supply. Connection to municipa water supph'is required. Rn 2) Sewage disposal. Connection to municipal sewer is required. 10 3) Refuse disposat.0"k. a) A, uate refine xecep I le, "th covers shall be provided for each mobile home. e tacles shall be kept in sanitary condition and emptied at least weekly. c) Central r eceptaces, .may be required by the Planning Board. These receptacles shall be scre i and designed in a manner that facilitates control of odor. 4) boxes. Mail d,,ery will be made to a central location in an enclosed structure of a FIW., cone ent style an ,'olor. 5) Main te ^ ce. a) All se' buildings and the grounds of the park shall be maintained in a clean, sightly dition and kept free of any condition that will be a menace to the health of any occupant or the public or constitute a nuisance. b) All required improvements, including landscaping and screening, shall be maintained. 6) Snow removal. Internal drives shall be kept free of snow by the park owner or homeowners' association. § 210-84. Mobile home park subdivisions. A) Mobile home park subdivisions are allowed in R -MH Residence, Mobile Home Districts subject to the requirements of §210-83, Mobile home parks. In addition, the Planning Board Page 148 Zoning Law Public Review Draft August 22, 2007 must ensure that adequate provision has been made for the proper operation and maintenance of common facilities and areas, including the road system. § 210-85. Mobile home and modular home sales and service. A) All mobile home and modular home sales and service establishments shall be subject to the following standards: 1) The storage or display of mobile homes and modular homes shall not be permitted in any required yard or within 20 feet of a residence district boundary. 2) Each mobile home and modular home sales establishment shall have a landscaped area at least 20 feet wide along side and rear lot lines suitably" planed and maintained to provide a visual screen from adjacent properties. At the discretion of the Planning Board, existing mature screening may be substituted for plantingd 3 v: 3) Sales area shall be paved with an asphaltic, cement n,r crushed: stone material. Drainage shall be directed away from adjacent properties andublic streets 4) Parking and additional landscaping shall be provided in accordance with §210-92 and §210-80. § 210-86. Motor vehicle accessory sales. A) All motor vehicle accessory sales ind service standards: 1) All vehicle parts, new or discard ari or screened from view. 2) Insofar as possible, all repair and service; 3) Premises sh -not' eked for the displa motor ho a oats anii er vehicles ishs shall be subject to the following articles shall be stored within a building ork shalliae°performed indoors. or sale of automobiles, trailers, mobile homes, 4) The storageof vehicles v equipment shal,l'tot be permitted within 20 feet of a residence district bound ua= uzred ar an or buffered area. 5) ? vYopera�ive velnc shall be store ion the premises for more than 90 days. 6 Minimum J p space required: two spaces per service bay (service bay is not a parking space); 3.3 sp s, or every 1,000 square feet of gross floor area. § 210-87. Motor vehicle iR6pair facility. A) All motor`vehicle repair°establishments shall be subject to the following standards: �y; 1) A11 vehicle �art�; dismantled vehicles and similar articles shall be stored within a building or's_creened from view. 2) Insofar as possible, all repair work shall be performed indoors. 3) The storage of vehicles or equipment shall not be permitted within 20 feet of a residence district boundary or in any required yard, landscaped or buffered area. 4) No inoperative vehicle shall be stored on the premises for more than 90 days. § 210-88. Motor vehicle rentals. A) All motor vehicle rental establishments shall be subject to the following standards: 1) The storage of vehicles or equipment shall not be permitted within 20 feet of a residence Page 149 Zoning Law Public Review Draft August 22, 2007 district boundary or in any required yard, landscaped or buffered area. 2) Insofar as possible, all repair and service work shall be accomplished indoors. 3) All automobile parts, dismantled vehicles and similar articles shall be stored within a building or screened from view. 4) The outdoor storage of disabled vehicles is prohibited. § 210-89. Motor vehicle sales and service. A) All motor vehicle sales and service establishments shall be",subject to the following standards: 1) The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped 4iibuffer area. ',_ 2) Insofar as possible, all repair and service work shall lie accomphslied indoors. 4 N,a" 3) All automobile parts, dismantled vehicles and inilar articles shall be stored within a building or screened from view. x 4) Each vehicle for sale is permitted ons sign der vehicle with a maximum area of one square foot; this sign shall be displayed fro m`""inside the vehicle. Such vehicles shall have no other advertising or devices to attract atten lon- § 210-90. Motor vehicle service A) In any district where permitted, service facilities shall be subject to the following regulations: 1) There shall be a minimum lot area "' 00 sq et unless the district regulations require a larger lofliiba. There shal a minimum"oad frontage of 200 feet unless the district regulations require a larger ro41111 e rontage. 2) All bulk petroleum prodUts or similar fences shall be stored underground, and all applicable rules "governug the ,storage oferground petroleum tanks shall apply. 3) ��� ",dp Live or partially disman�lb�" automobile shall be stored on the premises for xtiore thaxa' mays. All such vehicles shall be screened from view. alip Off-street par nd storage of automobiles shall be in accordance with §210-92. wlX_...F„ 8$' w hedge, fence o 11 adequate for year-round screening of the service station shall be 0;,,, lled along an sidential property line and shall be of design, location and material apprp pd by the Planing Board. 6) If a caf,*, is in ved, the following restrictions shall apply: a) Lot sizhave ,!,,automobile washing facilities shall be a minimum of two acres, and such lot shal street frontage of at least 200 feet. b) All washing and machine -drying operations shall be conducted within a structure. c) The building exit for automobiles that have completed the washing and machine - drying process shall be set back a minimum of 50 feet from the nearest point of any street line. d) No washing, vacuuming, steam -cleaning, waxing, polishing nor machine -drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a residential building located in a residence district. e) All lot lines abutting residentially zoned or used property shall be screened by means of a solid masonry wall, opaque fence or evergreen hedge of a design acceptable to the Page 150 Zoning Law Public Review Draft August 22, 2007 Planning Board. Such screen shall not be less than six feet nor more than eight feet in height and shall be maintained in good condition throughout the life of the use. f) All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or portland cement pavement so as to provide a durable and dustless surface and shall be so graded and drained as to dispose of all drainage water therein in a manner that does not adversely impact adjacent properties, uses and abutting roadways. g) Entrance and exit drives: (i) The principal driveway entrance shall be located at least 200 feet from the nearest intersection of public streets. f �. (ii) Exit drives for new facilities shall be designs avo`ei the accumulation of water on the surface normally traversed b „ing vehicles. The exit drive shall have a minimum length of 150 f, past the wash facility structure and incorporate speed buni I desi ,to shake the vehicle sufficiently to remove as much washvate as possr rior to the vehicle's exiting the site. lop p h) Any lighting used shall be so arrange as to reflect the light a fro adjoining premises in a residential use and abu ►roadwa i) All operations shall be conducted complete -AMEN, "` tl j) Parking and stacking space. One parking sp kh employees. In addition, off-street stacking sp vehicles in accordance with the requirements set space shall be 20 feet in length and -0 feet in width. ' use is combined with a gasoline filling station use included as off-street stacking space. Stacking:'sp" i (i) or rollover -type car lines of the property. be provided for every three Al be provided for waiting below. Each single stacking X a vehicle washing facility teling positions shall not be urements shall be as follows: eight stacking spaces per wash (u)`l Wald -type coin-operated self-service car wash, five bays or fewer: five spaces .and -service car wash, six to nine bays: four spaces (iv) a coin operated self-service car wash, 10 or more bays: three spaces per bay' astewater di Casal. r All wa 'water generated by the vehicle washing facility shall be disposed of grope '''' . The design and capacity of any septic system servicing such a shall be approved in advance by the governmental agencies having sdiction over such systems. If a municipality sewer system is used for tivastewater disposal, the facility shall obtain the permission and approval of the operators of the system in advance of discharging any wastewater into the system. (ii) No vehicle washing facility shall be permitted to discharge any watery residue from the washing operation into any stormwater drainage collection system which could contaminate public water supplies. (iii) No vehicle washing facility shall be operated within a distance of 100 feet of any designated wetland areas. 1) Water reclamation. All facilities shall have a water reclamation system, including a holding tank with an audio/visual alarm system to warn operating personnel of high Page 151 Zoning Law Public Review Draft August 22, 2007 level conditions. m) If a car wash is combined with or added to any other motor vehicle service facilities, a special use permit is required for such car wash. n) The provisions herein made shall not be affected in the event that any portion of the within legislation is declared void, invalid, unenforceable or unconstitutional. § 210-90A. Multi -family development. A) Notwithstanding any other provision to the contrary the formula set forth in § 177-15 of �, Chapter 177 shall be used to determine the maximum number ofInsity Units (i.e. units per acre or "DU) within a multi -family development that is subject to site -plan or special permit approval. § 210-91. Nursing homes and alternate care A) Purpose. It is the purpose of this section to encourage the development of well-designed nursing and alternative care housing for the ek&rly (55 years of age or :older). It has been determined that the physical integration o nursing care .facilities along major highways in residential areas will provide a more coherent Ionil use pa�ern, thereby preserving property values. Limiting these facilities to large parcels of property will maintain the visual and aesthetic environment. Further, a properly planne nursing or alternative care housing home will provide area residents , employment oppunities. B) Requirements. An application for a nft.. home and/or other alternative care housing for the elderly (55 years of age or older) �1 ct to the foll)wing regulations: 1) Minimum area shall be 10 acres. 2) No site improv," shall take p_ within feet of any adjoining residential property � y (parking, Yi ,etc.). 3) there shat%fifty fo ndscaping along the entire highway frontage, except for necessary drivesRand sidewalks. 4) At least 1/3 of the, a e' composed of land which is used for recreational Purposes andlor pre d as open" hce. 5} r' All alternatve�na a hour n nursing homes shall be subject to site plan approval. 6)�Alternative care�Eiusing a r nursing homes shall provide a minimum of two parking s»aces for each 1. eds. 7) The i7aaximum number of beds per acre shall not exceed 12. 8) No alternative care Vhousing or nursing homes shall be approved unless connection is As" made to niunicipid water and municipal sewer services. 9) No building fiall exceed two stories or 35 feet in height. 10) Maximum building coverage shall not exceed 10% of total acreage. 11) No building shall be constructed within 100 feet of any property line. § 210-92. Off-street parking and loading. A) The intent and purpose of these regulations is to provide all structures and land uses within the Town with adequate off-street parking and loading facilities to meet the needs of people employed at or making use of these structures and land uses; further, to ensure that parking facilities are developed and maintained in harmony with the Town character and environment. Page 152 Zoning Law Public Review Draft August 22, 2007 B) Structures and land uses in existence or for which building permits have been approved at the time of adoption of these regulations shall not be subject to the parking or loading space requirements of this section, provided that any parking and loading facilities existing to serve such structures or uses shall not, with the exceptions hereinafter provided, in the future be reduced unless they exceed the requirements of this section. Q Any change in use or site plan revision of an existing lot or structure shall require a complete review of parking facilities by the Planning Board. Applicants for change of use or site plan revision shall provide or make provisions for adequate parking facilities according to the standards of this section. D) Required parking and loading facilities for the existing uses shall c provided at the time of any enlargement of such existing structures or uses. Parking,-nd loading facilities for such enlargements shall comply with all provisions of these regulations. When a change of use of a building or structure takes place, the new use must meet "thlicable off-street parking and loading standards before a certificate of occupancy isssued 4. E) Required off-street parking facilities which, after by the Town shall be deemed to continue to serva originally provided. F) Where two or more different uses occur on a'§b provided shall be the sum of the requirements for G) The required off-street parking facilities shall be the structure or land use they servea"except: 1) Off-street parking and loading spaces adjacent lots may be provided In 1a sin provided that the total amount of park: requirements of each individual use j H) Unobstructed access to and from a street, vehicle acros4111sidewalk oz a traffic lane spaces. Such access .driveway, width shall I parking. In genera uch&iveways shall J) The maximu + are uses or lot, the, total amount individual use. to and accepted vhich they were to be on the same lot or premises with for structs✓ es or land uses on two or more Mon facilli " inion one or more of said lots, %aadina..facilities shall be the sum of the designed"as to not require the backing of any shall be provided for all parking and loading consistent with the aisle width of the required e at least 26 feet in width, except where the h is sufficient. xium efficiency, minimize curb cuts and encourage safe and ion,, -the Planning Board may require the interconnection of parking re, via„access drives, service roads or pedestrian accessways within lots. The Board shall require written assurance and/or deed :o the"Town Attorney, binding the owner and its heirs and assignees i such internal access and circulation and interuse of parking thin a parking area shall not exceed 5%. K) Each parking sp7e shall be at least nine feet wide and 18 feet long if unenclosed and at least 10 feet wide and 18 feet long if bordered by walls or columns on one or more sides. Each parking space shall be clearly delineated and so maintained. L) Backup and maneuvering aisles between rows of parking spaces shall be at least 26 feet wide, except for angled parking which shall be developed to standards meeting the Planning Board's approval. M) Within parking lots in nonresidential districts where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a non -transient basis (car parked at least three hours in the same space), up to 25% of these parking spaces may, with the approval of the Zoning Board of Appeals, be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one location on Page 153 Zoning Law Public Review Draft August 22, 2007 the lot and shall be clearly marked as being reserved for compact cars only. 1) Required off-street parking facilities shall be maintained as long as the use or structure which the facilities are designed to serve is in existence. 0) Minimum off-street parking requirements are as follows (the most restrictive requirements shall apply): 1) Specific zones: Zone All Residential districts All Center and Hamlet districts B-H B -N B -SC O -R I -H I -L Q Required Spaces 2 per dwelling unit 4 for each 2,000 square feet of buildin " for a non-residential use; 1.5 for each residential unit. rx 4 for each 1,000 square feet of building area 4 for each 1,000 square feet a din ` area 4.5 for each 1,000 s uar eet of q gross leasable floor 2.5 for each 1,000 sq� eet of buil mg area ." 1.5 for each 1,000 square e" a 1.5 for each 1,000 square feet o _' Subject to ? -determination 2) Single use or special use permit Uses Bank or credit um Bar Bed -and -breakfast Bowlingrcenter.. home restaurant Hospital Hotel/motel Library Manufacturing Nursing and convalescent homes Office/office park Research and development laboratories area zones: Minimum I#,egidred Off-9treet Parking Spaces 5 for each 1,066quare feet of building area 10 for each 1,00` quare feet of building area ,spaces, plus 1 per•guest room 4.5 'fcir eh bowling lane 2, ,for each 1,000 square feet of gross floor area u%3get to ZBA determination 10''.. each 1,000 square feet of building area 1 for each 1,000 square feet of building area, subject to ZBA determination 1.5 for each patient bed 1.2 for each room where hotel/motel has a restaurant or lounge; 1 where hotel/motel does not have a restaurant or lounge 2 for each 1,000 square feet of gross floor area 2 for each 1,000 square feet of building area 1 for each 3 rooms 3 for each 1,000 square feet of building area 1.5 spaces for each 1,000 square feet of building area Page 154 Zoning Law Public Review Draft August 22, 2007 P) Off-street loading and unloading facilities. All loading and unloading shall take place entirely on the lot, subject to site plan approval by the Planning Board. Q) Off-street parking in residential zones. Parking spaces, whether open or enclosed, shall be restricted to the parking of private passenger vehicles and commercial vehicles subject to the following: 1) Parking or storage of motor vehicles in the front yard of any property located in a residential district is prohibited, unless said front yard is cross by a duly constructed driveway extending through the front yard to a garage, carport, or properly surfaced parking area located beyond the front yard line. For uses requiring four (4) or fewer parking spaces said driveway shall not be less than eight (1), feet nor more than fifteen (15) feet in width. f" 2) Commercial vehicles allowed to park in residential zones eof right shall conform to all of the following: ` a) A gross vehicle weight of 6,500 pounds or less as indicated on a valid state vehicle registration form. r; b) A maximum height from the ground to the highest point of the vehicle of .6 '/Z feet or less. c) Shall not have signs, pictures or illustrations attached to and extending upward, downward or outward from any part of the vehicle. d) Any advertising or commexbialIettering or writing; -an whatever form, shall be limited to the two front doors of the vetl "Me. ft e) The vehicle cannot be a nuisance nor ental to the health, welfare or safety of 3 the community. The applicabill of this pro%a shall be determined by the Zoning Board of Ap " 3) The Zoning ar eals may issue a special use permit for the parking of one commercial hicle not mitted as of right in Subsection P(1), provided that: a) The vehic onl parked in the reeidential district during nonbusiness hours. b) The vehicle wr '` gena ibhan two trips per day to and from the residential lif t icle is b'emg used in connection with a permitted home '- c) The vehicle will not creelt s a nuisance nor be a threat to the health, safety and s welfare of th mmumt 4) Qi commercial veMcle not meeting the standards as being able to park as of right or by specs use permit i prohibited from parking in residential zones. 4. V 5) All commercial vehicles permitted to park either by right or by special use permit when feasible shat parked behind the front building line of the owner's house. 6) Only one commercial vehicle will be allowed to park at each house. R) If the Planning Board finds that compliance with the off-street parking requirements herein would have an adverse impact upon the physical environment or visual character of the area, and if the Board also finds that all of the parking otherwise required as set forth above will not be necessary for the anticipated use of the site, the Planning Board may reduce the amount of parking required to be constructed, provided that sufficient usable land is set aside to satisfy the parking requirements in the future should the need for such additional parking arise. The Planning Board shall, as a condition of any approval granted, retain the right to require the owner of the property to construct such additional parking whenever it finds that such parking is needed. If a proposed use is not listed in schedule of off-street parking above the Planning Board shall use its discretion to determine the amount of Page 155 Zoning Law Public Review Draft August 22, 2007 parking to be required. § 210-93. Parkland reservation and fees. A) General provisions. 1) In reviewing residential site plans, residential subdivisions, and mixed use residential and non-residential developments, the Planning Board shall ensure that the park and recreation demands generated by new residential development are addressed in accordance with the provisions of this section. 2) To the extent that this section is inconsistent with Town Law §274-a(6) or §277(4) any other provision of Article 16 of the Town Law, the provisions'`' of this Chapter are expressly intended to and do hereby supersede any such inoansistent provisions. B) Reservation of land for public park, playground or recreation purpose 1) Land reservation requirement. a) Residential developments requiringsi Ian or subdivision approval. Where the Planning Board determines that s le landfor a park, playground or other recreational purpose exists within cel boundaries of a proposed residential development, the Planning Board ma, u' a condition plan or subdivision approval that a portion of the pment parcel be reserved for such purpose. Y. 2 In determining whether or nod require the res ion of land for public park, playground or other recreationalp the Pla.nnind shall be guided by the criteria and procedures set forth belo. C) Amount of land reservation. Where thelann ng B da' determined that a suitable case exists to require the reservation of paritnd for recrion purposes, the Planning Board or shall determine th+e muumum amount of and area tYbe reserved for park, playground other recreational, purposes within a proposed residential or mixed use development. In making such a dgi ei=inatiori the Planning &ds hall be guided by the following schedule. The Planning Board ik authorized to use its discretion to adjust the amount of land reserved for par based on�cond�ii�iiz��oh$ard's assessment of demand for recreation land, and z of alternative recren facilities: Ory � Amount of Land to be Reserved �a Unit Type (square feet per dwelling unit) Single -fame dwelling 1,000 o family welling 1,500 (c°1 tifam'. dwelling 900 D) Criteria for la " servation. In determining whether or not to require the reservation of land for public hark, playground or recreational purposes, the Planning Board, in its review of residential site plans or subdivisions shall consider the following factors: 1) Whether suitable land exists within the parcel boundaries of the proposed development, in terms of its size, shape, and dimensions, to reasonably accommodate a park, playground or other recreation use; 2) Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use; 3) Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for active recreation development; Page 156 Zoning Law Public Review Draft August 22, 2007 4) Whether the site, in terms of its physical characteristics, would provide an attractive and safe area for recreational use; 5) Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas; 6) Whether the character of the proposed residential development and that of the surrounding area are compatible with a public park and/or recreational use; 7) Whether the anticipated population of the proposed residential development, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a park, play and or other recreation facility at the location; x. 8) Whether the site is located near or duplicates recreE area, particularly those providing the same type c facilities located on public school grounds; 9) Whether development and long-term maintenanet burden on the Town Parks and Recreationepart priorities of that Department; Oki10) Whether the site contains any unique ai_ ilii features that would make it particularly su development, a nature preserve, or other passive "" 11) Whether reservation of the land is consistent wit] Town Plan and/or the Master 'Plan,,. for Parks Poughkeepsie, if any, in effect at tie time the„develo 12) Whether reservation of the land is consistent wat t: Town Parks and Recreation Department; and the recreation facility nment." ies already provided in the opportunities, including the site ould place an undue t, given ot�i;_,o. mmitments and or ecological .cation, trail use; mendations contained in the is .eation in the Town of Oplication is made; and goals and objectives of the with respect to parks and E) Referral require Prior � `making any final determination that land within a proposed residential develojment will `be reserved for park, playground or other recreational purpose the Planning Boarikhall .First refer the proposal to the Town Board and to the Town Depart of Parksaion; for eview and recommendation. If no response is rec lammng Board within 3, days of the date of referral the Planning Board make a eter mi.iation. A referral is not necessary where the Planning Board tikes a determi that Ytll not require the reservation of land within the residential opment.' F) Fin required. P to making any final determination that land will be reserved for public ''''" p playgro or other recreational purpose, the Planning Board shall make a finding, i ordanc 'th §274-a(6) or §277(4) of the New York State Town Law, that a proper case lys f equiring that a park or parks be suitably located for playgrounds or other recreati poses within the Town. The finding shall include an analysis of the criteria of subs . , ons D.1 through D.12 above. G) Timing of land reservation. The reservation of park, playground or recreation land shall occur prior to the issuance of the first building permit for any dwelling unit located within the approved residential development. IT) Satisfaction of land reservation requirement. The land reservation requirement of this section shall be satisfied by: 1) The presentation to the Town of a metes and bounds description of the site that is proposed to be reserved for public park, playground or recreation purposes; and 2) The placing of a notation upon the approved plan indicating that the land is so reserved and cannot be further subdivided or built upon except for such purposes; and Page 157 Zoning Law Public Review Draft August 22, 2007 3) The placing of deed restrictions upon the site. Said deed restrictions shall be in a manner and form acceptable to the Town Attorney and shall indicate that the land is reserved for park, playground or recreational purposes, and cannot be further subdivided or built upon except for such purposes. Said deed restrictions shall be filed in the office of the County Clerk, and upon their filing the land so reserved shall become part of the Official Map of the Town of Poughkeepsie. I) Fee in lieu of park, playground or recreational land. 1) Fee in lieu of land reservation. Where the Planning Board does not require the reservation of land for a public park, playground or other recreational purpose, the Planning Board may instead require that a fee in lieu of saidA,.anbe paid to the Town as a condition of project approval. Av 2) Amount of fee. The fee in lieu of land reservation sb Board. 3) Findings required. Prior to requiring the paymer land, the Planning Board shall make a findir} ; _in ai the New York State Town Law that the proposed proper case for requiring a park orars, .suitab recreational purposes, but that a suitable or requirement cannot be properly located on suc e 4) Timing of fee payment. Payxnr nt of the fee shall the subdivision plat is signed Chairman of th 5) Fees to constitute separate trusf; .fees colle placed in a separate trust funds) be ed the acquisition of public park, pla oun public park and ration facilities. § 210-94. amount set by the Town 'fa fee In 11 u,.of the reservation of ;ordance with §274-a(6) or §277(4) of residential deveL€i ent presents a y located for playgrounds or other pijr&� of adequate s e to meet the id or subdivision. to the Town prior to the time ,ine Board. cted' a,z suant to this section shall be and used by the Town exclusively for tiproand, and/or the improvement of A) The intent of"them owing rformance star ds is to prohibit any activity or use in any district which is obn.ou r hazardous by reason of vibration, airborne matter, W odor, toxic uvaste, radiatz elecr " " interference, fire, explosion, heat, liquid wastes tion. ., of measurement. +r% the purpose of measuring vibration, a three -component ng systemAproved by the Town Engineer shall be employed. 2) Maxium permittedf msteady-state and impact vibration displacement. No activity shall cause or create steady-state or impact vibration on any lot line with a vibration rlianlarPrrtpiTt bv.freauencv bands in excess of that indicated in the following table: Frequency (cycles per second) Under 10 10 to 19 20 to 29 30 to 39 40 and over Vibration Displacement (in.) Steady -State Impact .0005 .0010 .0004 .0008 .0003 .0006 .0002 .0004 .0001 .0002 C) Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter off the property on which the use is conducted. Page 158 Zoning Law Public Review Draft August 22, 2007 D) Fire and explosive hazard. No storage or manufacture of explosives or solid material or solid products which burn actively or which have a low ignition temperature, a high rate of burning or create great heat under ordinary temperature conditions shall be permitted. This shall not apply to the normal storage of wood or charcoal. E) Heat. There shall be no emission of heat which would cause a temperature increase in excess of five degrees Fahrenheit along any adjoining lot line; whether such change is in the air, in the ground or in any watercourse or water body. F) Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Department of Health, New York State Department of Enviroagi al Conservation or any other regulatory agency having jurisdiction. Facilities for the, 'ragof solid waste shall be so located and designed as to be screened from the street o, m any adjoining property and so as to discourage the breeding of rodents or insects. G) Vehicular traffic. No nonresidential use shall be Town that the type and number of vehicle trips expected to produce unusual traffic hazards or co would interfere with the maintenance of ayit"" States Environmental Protection Agency, thNet Conservation or other regulatory agency having J the design or capacity of the state or local highwa; use to surrounding or nearby industrial, comm( affecting air pollution arising from m" obile source a ed whei".Js determined by the is estimate generate would be or cause or In emission which ndards establis ieI b-vthe United York SW - Department o vironmental ct .'Nch hazards would result from m, the relationship of such proposed rci „ residential uses or other factors H) Prohibited uses. In any district, no manufacturing use, ro :.y trade, industry, use or purpose that does not conform to the' performance standardf-tated herein or is otherwise noxious or offensive by reason of the emission of odo*, dust,' smoke, toxic or noxious fumes, radiation, gas, noise,vibration or excessive light, or "ani combination of the above, which is dangerous and prej dic"is1 to the public' health, safety and general welfare, shall be permitted, and this includes more specifically, but is not limited to, the following such uses: Acetylene gas manufacture for commercial purposes Ammonia, chlorine or bleaching powder manufacture Arsenal r -y'' Asphalt man uf "" o n g 3 Blast furnac inc a or converter furnaces used in foundries in which no wood is used as fuel Boiler sh - structural ste ating shops, metal working shops, which operate reciprocating hammers or chisels or othe e -producing electri le matic tools within 100 feet of any boundary line of the premises and outside of any dings Brewing org of liquors Bronze and in powder man ' re Carbon, lampbla ,oe blacking, gr R ;'te or stove polish manufacture Celluloid and othe "' ose products, nufacture Cement manufacture Coal tar products manu Creosote treatment or man Disinfectant and insecticide ufacture Distillation of coal, wood or „ nes Dump, unless operated or controlled by the municipality Excelsior and fiber manufacture Explosives, fireworks or match manufacture, assembling or storage in bulk, except the manufacture, assembling and storage in bulk of safety matches in book form Fat rendering Fertilizer manufacture or potash refining Fish smoking or curing Glue, size or gelatin manufacture or processing involving recovery from fish or animal offal Incinerator, unless operated by the municipality Lime, gypsum, cement, plaster or plaster of paris manufacture, except the mixing of plaster Linoleum or oil cloth manufacture Ore reduction or the smelting of iron, copper, tin, zinc or lead Paint, oil, varnish, turpentine, shellac or enamel manufacture, except the mixing of wet paints Page 159 Zoning Law Public Review Draft August 22, 2007 Perfume and extract manufacture Petroleum refining Poisons manufacture: fumigates, carbon disulphide, hydrocyanic acid, stomach poisons, arsenate of lead, arsenate of calcium, hellebore and paris green, contact insecticides, lime, sulphur, nicotine, kerosene emulsions Printing ink manufacture Radium extraction Storage, coloring, curing, dressing or tanning of raw or green salted hides or skins Storage of radioactive materials Rubber caoutchouc or gutta-percha manufacture from crude or scrap material, except in connection with a rubber products manufacture plant Salt works Sand paper and emery cloth manufacture Slaughtering of animals, except for immediate consumption on premises or immediate retail-gale Soap, soda ash or washing compound manufacture, except products not containing causti Starch, glucose or dextrine manufacture Stockyards+� Sulphurous, sulphuric, nitric, picric or hydrochloric acid or other corrosive or offs ve- ;manufacture or their use or storage except on a limited scale as accessory to a permitted industry Tallow, grease, lard or candle manufacture or refining' Tar distillation or the manufacture of aniline dyes Tar roofing or waterproofing manufacture, except where the tar or asp ,.; pis fr6ated at a tempers under 100° F. Tobacco processing, exclusive of cigar or cigarette manufacturer Vinegar, pickle or sauerkraut manufacture in bulk«' Wool pulling or scouring, except in connection with a woolen mid' Yeast manufacture § 210-95. Places of religious § 210-96. Pub tility A) Public utiht tues shall not contain offices or have any outdoor storage of materials. All :q such structures` 11 be subject to conditions as the Planning Board may impose to preserve and protect the l aracter of the neighborhood. No employees will be on site full-time. § 210-97. Recreation, indoor. A) Indoor recreational, physical fitness and other recreational facilities not specifically mentioned and clubs, spas and other similar facilities featuring exercise or other active physical conditioning, including accessory uses and services customarily incidental to the main use, but not limited to nonprofit organizations, are permitted under this category, subject to the following: 1) "Other recreational facilities not specifically mentioned" shall not include an amusement machine complex, as that term is defined in Article II hereof. Page 160 Zoning Law Public Review Draft August 22, 2007 2) No activity allowed by this section as a special permitted use or an accessory use shall authorize the installation, maintenance or operation of or cause to be installed, maintained or operated more than five freestanding, coin-operated electronic video games. 3) Nothing in this provision shall be construed as authorizing as a special permitted use or accessory use the installation, operation or maintenance of a food service facility commonly referred to as a "lunch room," "restaurant," "coffee shop" or "bar" except that this will not exclude juices, sodas or snacks. 4) Other recreation facilities or accessory use shall not be construed to include billiard parlors, and billiard parlors are hereby excluded.d"147111 5) Other recreational facilities shall be limited to include e above-cited items and the following:y�•_ Archery ranges, instruction Baseball, instruction Basketball courts Bridge clubs (nonmembership), instruction Firearms training and use Golf courses, subject to §210-73., miniature Golf courses, subject to §210-73., electronic Golf driving ranges Golf, pitch -n -putt Gymnastics, instruction Handball courts_., Judo, instruction � NQQ"� Karate, instruction Lifeguard, instruction Paintball Racquetball courts x Scuba and skin di ' , instruction Ski mstructio Sports, ins t ion Squash cow; Swimming po Tennis courts § 210-99"W' Recreation, outdoor. A) Purposes It is the ine t of the Town of Poughkeepsie to provide alternative uses to residenta) properties fiat are subject to flooding. These properties are generally located along the Wp ingersi6reek and lie within the one -hundred -year floodplain as designated by All the Federal1Jer ehcy Management Agency maps. Generally, without substantial landfill and/or flood proi3g provisions, homes cannot be safely constructed. Further, recreation uses would be more 1conomically and environmentally compatible. B) Criteria. 1) All uses shall be subject to a special use permit and site plan approval. 2) No amplifiers or loudspeakers of any type shall be installed outside of the building. 3) Exterior lighting shall be installed as directed by the Planning Board. 4) District bulk requirements will be applicable except: a) All yard setbacks will be at least 100 feet. b) Minimum lot size required: five acres. Page 161 Zoning Law Public Review Draft August 22, 2007 c) The recreation use shall take place entirely within the portion of the lot designated floodplain by the FEMA maps. d) Property shall have access to a state or county road. e) Signs shall not exceed 40 square feet in size. C) De minimus recreation use. No permit or site plan review shall be required for an outdoor recreation use that is located in a flood plain area, and does not involve any new construction or site work such as grading or removal of vegetation. § 210-99. Recycling business. A) In any district where permitted, junkyards and recycling following provisions: -14 1) All such businesses shall be subject to special use 2) The minimum lot area shall be five acres. 100 3) Such businesses shall be screened from Nab adjacer with §210-80, "Landscaping", as well approval process.4) No items shall be stacked, piled or stored vegetation. V" § 210-100. Special provisions for A) Criteria applying to special permitted the following criteria shall apply to any 1) The use shall only °ta of such building may 2) The applicant s nature of the us Darkixg demand of itv to In a Du ised by streets and Hamburg shall comply with the lan approval. rope s in accordance ishe(i� site plan of any screening materials or audition to ticriteria set forth in §210-149, te permit°ase set forth in §210-18. existing as of January 1, 1988. The floor area 25% to accommodate the use. evidence thata sufficient parking, based on the size and ently availab on the site or within 200 feet thereof to meet satisfactory proof that the on-site sewage disposal system is nmodate the proposed use. the"" sting structure shall be the minimum necessary to , ommodate the ". osed,ise. B) Off-ste- arking. Off: eet parking facilities shall be provided as required in §210 92. C) Screening lands "'ping. Parking for more than three cars associated with any use allowed subjl � pecial use permit shall be screened by a hedge, fence or wall, of a design and material s ect to approval by the Planning Board, along the side and rear property line. Such scr shall be at least six and no more than eight feet in height and shall be adequate to screen the parking area at all seasons of the year. All required screening shall be maintained throughout the life of any use for which a special use permit is granted. § 210-101. Restaurants and fast-food restaurants. A) All restaurant and eating establishments shall meet the following additional standards: 1) Restaurants shall meet the standards of §210-92, Off-street parking, as well as other applicable regulations. 2) Off-street parking areas shall be arranged so that vehicles do not obstruct sidewalks or Page 162 Zoning Law Public Review Draft August 22, 2007 streets while maneuvering into and out of a parking space. 3) Fast-food establishments. Vehicle stacking lanes for any drive -up service must be adequate so that adjacent sidewalks or streets are not obstructed. § 210-102. Restaurantloutdoor dining. A) Purpose. It is the intent of these regulations to provide outdoor sections of restaurants where food and beverages are consumed without compromising the character of the neighborhood. This will be achieved through lighting being reflected away from abutting roadways and adjoining properties and garbage receptors being available for pr t removal of litter, thus limiting littering and the controlling of objectionable noises. t por dining regulations are subordinate to those of the main eating area. a �v B) Criteria. In any district where permitted, the outdoor comply with the following provisions: 1) Outdoor trash facilities available to adequately:` "1 who will be dining outdoors. 2) Concrete or other impervious ground st ili on 3) A properly defined dining area from the adjoinig man-made structure. 4) Maximum hours of operation shall be from 7:00 a. ies for a restaurant shall of patrons dining tables through landscaping and/or a :00 P.M. rlteria. In any distr"'t where permitted, retail store outlets shall comply with the following: �� -' 1) addition to the required manufacturing parking, there shall be a minimum of four spy s for each 1,0&' square feet of area devoted to sales. 2) There shall be no outside storage of the merchandise relating to the store outlet. § 210-104. A) No persons shall undertake to construct or renovate any building or structure in the Town of Poughkeepsie without first meeting the requirements for a system or facility for the separate disposal of waterborne sewage, domestic or trade wastes in accordance with applicable regulations of the Town of Poughkeepsie, the County of Dutchess or any other governmental authority exercising jurisdiction thereof. § 210-105. Shopping carts. A) Purpose. It is the intent of these regulations to keep parking facilities located in the Town of Poughkeepsie functional, safe and to maintain the aesthetic standards of the community. Shopping cart corrals with locking devices minimize the risk of damage resulting from loose Page 163 Zoning Law Public Review Draft August 22, 2007 shopping carts, the accumulation of shopping carts in designated parking areas and the removal of shopping carts from the designated use area. B) Regulation of shopping carts. 1) Shopping carts that are left outside of a commercial building shall have sufficient corral areas to retain them, either in the designated parking area or in an area adjacent to the building which is so designated. 2) Shopping carts that are allowed outside the commercial building must have locking devices. The locking devices must be coin operated. 3) All shopping cart corrals shall be covered. v 4) Signs will be allowed on exterior corrals. The total signage shall not exceed 12 square feet on each corral. This signage will not be a part oft calculations of the otherwise yOF allowable signage for that site., 5) All shopping cart corrals, the number and location=thereof sa, be approved by the Planning Board. 6) All businesses that use 20 or more shopping carts and allow these carts outside of the store shall conform to this regulation. cgy 7) Conformance shall occur within two years oft a`at flus regulation takes effect. C) Site plan approval. Application for approval of site shall have specifications on the number of shopping carts, corral M Jnns,mensions,��shopping ber of sho in carts each corral will contain and type of locking de used. Corral areas, placed in parking stalls shall be considered as part of the required Mr § 210-106. Swimming A) An approved en ldsurex'i 'K e provided ffound outd6br swimming pools so that such pools are inaccessib childrenhe enclosure &Y surround either the pool area or the property. B) General require Out Out for swimming pry;` shall be provided with an enclosure which shall comply with tli 1 1 r.� 'lesbe at least o met in heig nd have a maximum vertical clearance to grade of 2) Where a picket`type fent, s 'rovided, horizontal openings between pickets shall not >exceed 3 1/2,11j, inchesa 3) Where, a chain lml fence is provided, the openings between links shall not exceed 2 3/8 4) Enclosure shall b6`constructed so as not to provide footholds. 5) Pickets and eliain link twists shall extend above the upper horizontal bar. 6) Such enclosures shall have railing and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. Enclosure, fence material or fabric shall be capable of withstanding a concentrated load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self -latching with the latch handle located within the enclosure and at least 40 inches above grade. 7) A wall of an existing building is permitted to serve as part of the enclosure under the following conditions: a) Windows in the wall shall have a latching device at least 40 inches above the floor. Page 164 Zoning Law Public Review Draft August 22, 2007 b) A swinging door in the wall shall be self-closing and self -latching at least 40 inches above the floor. c) A sliding door in the wall shall have a self -latching device at least 40 inches above the floor. Q Exemptions. 1) Any application for a building permit to install a swimming pool or construct an accessory building for a swimming pool shall include a diagram of the proposed fencing. A certificate of occupancy in regard to a swimming pool or accessory building will not be issued unless the area is fenced in accordance with this provis' I of this chapter. 2) Aboveground pools with at least 46 inches between pool d J g or pool top and adjoining grade are exempt from the requirements of Subsection vided that the access ladder or steps are blocked or locked in an approved mannerA untended for use. \9x 3) A pool less than 24 inches deep is exempt from the. r',', emen ",,,Subsection A. § 210-107. Swimming pools, private. A) The construction and use of a private swimxu pool shall be permitted omifta` where it is clearly incidental and accessory to a principal permute esf ential use on the same lot and shall conform to the following requirements: 1) Such pool shall not be located In any required fro and or in front of the permitted principal use. 2) Every gate or other opening in tli.fence=enclosing such poi, all be kept securely closed and locked at all times when said pool is riot ui Use. 3}` 3) All swimming pools shall be considered structures and shall be set back from side and rear lot lines at least: 5 feet. § 210-108. Swimming A) The construction Minimum lot' k,. e principal 3) lic pool a �iubhc swimming pool as a principal permitted use on an to an' approved site plan which shall address the following shall be set back 200 feet from the street line. constructed within 200 feet of any existing residential structure or 1 t from a of line. 4) Screen ' - all be established along lot lines where residential uses abut public pools. 5) The pool areas shall be fully enclosed by a fence at least six feet high but no greater than eight feet high. 6) The point source of pool lighting shall not be visible from beyond the property line. 7) Parking shall be provided in accordance with §210-92. § 210-109. Temporary buildings. A) Temporary buildings or trailers shall be used for construction or development purposes only. The temporary building shall be removed within 30 days of the completion of a construction or development project or if active construction ceases for six months or longer. Page 165 Zoning Law Public Review Draft August 22, 2007 § 210-110. Temporary stockpiling of materials. A) Loose and/or bulk material that is to be stockpiled for a period of greater than twenty-one (21) days, other than as shown on an approved site plan or subdivision plan, shall be stored so as to not be visible from adjoining or nearby properties and public roads. After twenty-one (21) days such materials shall be placed within wholly enclosed structures approved for such use, or shall be screened from view by fencing or landscaping, or a combination of fencing and landscaping. Except for stockpile areas as shown on approved site plans or subdivision plans the height of stockpiled material shall not exceed ten feet. In no case shall the height of stockpiled material exceed the height of screening. § 210-111. Tennis court, private. A) The construction and use of a private tennis court s ,, ermitted only where it is incidental and accessory to a principal permitted resi , I ial U44, the same lot and shall conform to the following requirements:" 1) The tennis court shall not be located ul required front yam ` " r in front of the permitted principal use. 2) The tennis court shall be considered anR�ac qry use aza.d shall be set ba rom side and rear lot lines at least 15 feet. 3) The enclosure fence shall be at least 10 feet high` o greater than 12 feet high. 4) A building permit is required' 5) The tennis court may be lighted use upon iss '� , of a special use permit by the Zoning Board of Appeals. L- 4 § 210-112. Trash ands ontainers anti keceptacle& A) Refuse and stor, contai "" and recept aces located on non-residential premises, and those located on mud , iily resi tial premisesin which a receptacle is used in common by the inhabitants of twl x` ore ellings, but excluding garbage cans on single family residential premises, shall beq .N ed s as to not be visible from adjoining or nearby properties and public r No c r receptacle shall be placed or located within fifty (5O feet "of wesiden `` 'district or any property used for residential purposes. All containers and receptacles, 'M ocations for the deposit of refuse or the storage of materials, shall be screened frame view a signed so as to be fireproof and/or fire retardant, and to prevent access by rodes, dogcats, and vermin. All such containers and receptacles shall remclosed at all times, an7—shall be designed to prevent the release of refuse, paper and may., any other material § 210-113. § 210-114. Visibility at intersections. A) For the purpose of minimizing traffic hazards at intersections where corner lots abut public streets, the following regulations will apply (Note: "Major street" applies to roadways which have the continuous right-of-way and upon which drivers can typically reach and maintain travel speeds which reflect the posted limits. "Minor street" applies to intersection roadways which are controlled by stop or yield signs or implied stop conditions where drivers must yield the right-of-way to major street traffic.): 1) Where posted speed limits on the major street are in excess of 30 miles per hour, no fence, wall, hedge or other structure shall be placed or maintained so as to severely limit the visibility of vehicles within 500 feet of the point of intersection of the center line of Page 166 Zoning Law Public Review Draft August 22, 2007 the approach lanes of the major and minor streets, measured along the major street, both to the left and right of the minor street. 2) Where posted speed limits on the major street are 30 miles per hour or less, no fence, wall, hedge or other structure shall be placed or maintained so as to severely limit the visibility of vehicles within 300 feet of the point of intersection of the center line of the approach lanes of the major and minor streets, measured along the major street, both to the left and right of the minor street. 3) The viewing point for determining visibility shall be located at a height of 44 inches above finished pavement surface and 12 feet back from a line projecting the edge of pavement of the major street across the minor street approach;:. Abject height is to be 44 A,,_ inches. 4) This section shall not apply to existing street trees, provided that no branches are closer than six feet to the ground. § 210-115. Warehousing, storage buildings. A) All warehouses shall comply with the folic 1) Lighting shall meet the standards of §210-81 of this Chapter. zl 2) A minimum of one parking space for each 2,000 squaie feet of building area. § 210-116. Purpose A) The purpose off lus regulating eAa , a within the Towri 61 a more attractive I appearanciV,the coi fu�flerintenlieo zakty, reduce ht ` �hts-of-way, prom community's appears signer tat clearly pr surrourtlings and to activities f "the publi the location, size, cox convey their messy ge ARTICLE IX SIGNS do" > to promote and protect the public health, welfare and safety by I pro ed on -premises and off -premises signs and signs of all types ighk sie. This section;°, rs intended to protect property values, create Dn husinespV' climate, enhance and protect the physical ty, an reseree the scenic and natural beauty of the town. It is d 'stractionsV and obstructions that may adversely affect traffic tha rn be,. caused by signs overhanging or projecting over public more visopen space and maintain the generally high level of the ce and J ractiveness. This section is intended to promote attractive nt the visual message in a manner that is compatible with their ,nsure that signs aid orientation and adequately identify uses and The appearance, character and quality of a community are affected by truction and graphic design of its signs. Therefore, such signs should clearly and simply to be compatible with their surroundings. § 210-117. General regulations. A) Except as otherwise provided herein, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this article and, where applicable, without first obtaining a permit from the Zoning Administrator in accordance with the procedures and standards of this article. B) Every application for a sign permit shall be accompanied by plans to scale showing the dimensions and area of the sign; the location of the sign on the building, structure or lot upon which the sign is to be attached or erected; the colors, materials, lettering, artwork and other attributes of the sign; the proposed method of illumination, if any; and statements indicating Page 167 Zoning Law Public Review Draft August 22, 2007 compliance with applicable building construction standards. C) No sign shall be erected which, in the opinion of the Zoning Administrator, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Zoning Administrator following notification to the owner. Failure to remove a sign(s) after notice by the Zoning Administrator shall result in enforcement of these provisions and the order in accordance with this Chapter. D) Substitution Clause. Any sign authorized pursuant to this Chapter may contain a noncommercial message constituting a form of expression in lieu of other copy. § 210-118. Applications. A) Application for a sign permit shall be made in writing Administrator. B) The applicant shall furnish a detailed drawing construction details of the sign and showing the h colors; sign height; type and position of lighten" signs in relation to buildings and to any stree ig any sign or signs on any structure. 110 0 C) Applications require the written consent of the lan D) Fees. See Chapter 105, "Fees". ,,, prescribed by the Zoning print sMo "' , g description of the end other `xrater on the sign; sign z plan show he position of all sidewalk, inclu ;the location of uthorized representative. E) Issuance of a permit. With the ekeeption of signs f6FA&ich site plan approval by the Planning Board is required, or sign&,,W Ave required to uxit ", review by the Director of Planning, the Zoning Administrator, on tihg of an app,; cation for a sign permit shall P examine the plans, specifications, locations , R h a submitted as part of said application and approve said plans if thi, Zo "I g Ad" 4' ator determines that they are in compliance with all: requirements of thin lection. If foie Zoning Administrator determines that the application is compjee and the proposed sign meets the requirements of this section the Zoning Administrator )shall, within ten (10) days of the date said application was received, issue a permit for a erection of the proposed sign. If the Zoning Administrator determines that the applacatoN -mot complete or the proposed sign does not meet the req u�r i� of this section thed ministrator shall, within ten (10) days of the date .M �t� s id app icatlot, s received issue a written notice to the applicant stating the deficiencies ,,d the apphcatioh the reason for the refusal to issue a sign permit event that plans spbmitted do not et requirements of local laws and ordinances of the Town of Po ;j eepsie, the „g Administrator shall then notify the applicant, in writing, of the re is refusal to i a permit. F) Expiratlo'f permit. the authorized sign is not erected or installed within six months of the date to per is granted, the permit shall become null and void. G) Revocation of p "' In the event of a violation of any of the provisions of this article, the Zoning Admmi rator shall give written or personal notice, specifying the violation to the named owner of the sign and owner of the land, to correct said violation or remove such sign. Correction of violation, by change, repair or removal, etc., shall be performed within 15 days from date of notice. § 210-119. Removal of certain signs. A) Any sign existing on or after the effective date of this chapter, which no longer identifies an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which such sign is located. The Zoning Administrator, upon determining that any such sign exists, shall notify the owner of the premises, in writing, to remove said sign within 30 days from the date of such notice. In the event that a lease or a Page 168 Zoning Law Public Review Draft August 22, 2007 contract between owner of land and owner of sign exists on the date of violation notice, the owner of land shall notify the owner of the sign of the notice of removal and direct that the sign be removed. Failure to comply will result in the proper legal action being taken by the Zoning Administrator. B) If the Zoning Administrator shall find that any sign regulated by this article or any section of this Zoning Chapter is unsafe or insecure or is a menace to the public, the Zoning Administrator shall give written notice to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within one day from date of notice. If notice to repair or remove is not acted upon promptly, the Zoning Administrator may take the proper legal action to effect comphanc, , C) The Zoning Administrator may remove any sign which 1BEe discretion of the Zoning Administrator is in violation of this provision. § 210-120. Temporary signs. A) Applications for temporary signs shall be subniiffe temporary sign permit. x� \ B) Applicants for temporary sign permits such' alaanne and other signs of similar nature may be grants .:te exceeding 30 consecutive days. Each place of bud t permits not to exceed a total of 9Q„ days during the c shall be valid for not more than tw,; anners and/or one C) Temporary signs shall not be attache in any public right-of-way, and such a �3. or impair vision or traffic, or in any ma the general public. Qth fluttering de prohibited as tem ns. D) Temporary fry , ding si shall not square feet iil re , , retial zon-s .. E) Except as provided f0 § 21012 N which 119. B) A nonconforp 1) To a confi 2) To a sign the Zonui.dministrator for a : _<. .ortable signs, pro , a�ional signs sign permit,pra period not may be granted temporary sign tr year. Temporary sign permits standing sign. trees or util-tyr,phles on private property or be placed i a position that will obstruct �azard`o health, safety and welfare of I as' mers, pennants and balloons are 40 square feet in nonresidential zones and 20 signs shall meet the requirements of this use that has ceased and/or which no longer identifies an existing iuct'sold on the premises shall be removed as required by § 210 - be changed only as follows: or less nonconformity as determined by the Zoning Board of Appeals. § 210-122. Prohibited signs. A) The prohibitions contained in this section shall apply to all signs and all zoning districts, regardless of designation, of the Town of Poughkeepsie. 1) Billboard signs. 2) Roof signs are prohibited (i.e. a sign that projects above the coping, eave or cornice of a building). 3) Signs that move or have moving parts and revolving signs. Page 169 Zoning Law Public Review Draft August 22, 2007 4) Signs with optical illusion of movement by means of a design which presents a pattern capable of reversible perspective, giving the illusion of motion or changing of copy. 5) "A" frame, sandwich board, sidewalk or curb signs. 6) A sign not located on the premises to which it is associated or to which it refers. 7) Signs placed on or affixed to vehicles and/or trailers which are parked on a public right- of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product, service or activity or direct people to a business or activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to tfie "pr mary use of the vehicle or trailer. 8) Strip lighting outlining commercial structures anis used to attract attention for commercial purposes, and strings of light bulbs used din any connection with commercial premises unless the lights shall be shielded. 9) A sign which obstructs any window or door opening'use d as a means of egress, prevents free passage from one part of a roof tc3 many otherpart, interferesvvith an opening required for legal ventilation, or is attached to or obstructs any standpipe, Fire escape or fire hydrant. y 4" 10) Televisions used for advertising or informalio except when used for indirect illumination and in such a in er as to not be direct y exposed to public view. 11) No pennants, balloons, ribbons,q' ers, spinners or other similar moving, fluttering or revolving devices shall be alio d. 4 12) Except for awnings, no permanent S tr ed of paper, cardboard, canvas or similar materials, 13) No sign shae"loc o as to obsc any signs'tlisplayed by a public agency nor shall any sign b' laced m Bch a way as, o obstruct proper sight distance or otherwise interfere" wig - edestri or traffic fl o o sign shall overhang onto an adjacent property or wa 14) No,feupoxary sign' F be p at a front or face of a building or on any premises, The use of flu such colors, is type paints, and garish colors or combination of 16) 'No,, sign shall be atached7to any tree or utility pole or be painted upon or otherwise E, directly affixed to anY rock, ledge or other natural feature. 17) No sign, other than an official traffic sign, shall be erected within the right-of-way of any public stree or highway. 18) Except for awning signs the use of cardboard, paper, canvas or similar impermanent material is prohibited. 19) A sign that is illuminated by or contains flashing, intermittent, rotating or moving lights except to show time, date and/or temperature. 20) A sign that is designed and/or mounted so as to impair or cause confusion to the operator(s) of a motor vehicle is prohibited. § 210-123. Sign regulations for all districts. A) The regulations contained in this section shall apply to all signs and all zoning districts, regardless of designation, of the Town of Poughkeepsie. Nothing herein shall be construed so Page 170 Zoning Law Public Review Draft August 22, 2007 as to allow the placement or installation of a sign on property other than the parcel or lot associated with the sign or the notice provided on the sign. 1) All freestanding sign(s) shall require site plan approval by the Planning Board prior to installation. 2) Any modification or alteration (except repairs and replacement) to a freestanding sign, a wall sign, or a projecting sign that was previously approved by the Planning Board shall be reviewed by the Director of Planning for consistency with the Planning Board's original site plan approval prior to issuance of a permit by the Zoning Administrator. Within three (3) days of receipt of an application for a sign permit involving a property for which the Planning Board has approved a site plan th ming Administrator shall refer said application to the Director of Planning for revs as to he consistency of the proposed sign with the Planning Board's site plan a Within five (5) days of receipt of the application from the. Zoning Admin.lkahl-e Director shall issue a written recommendation to the Zoning Administrat'd to appy�%,nor deny the application and shall set forth the reasons for said approv or denial. event the Director issues a recommendation to deny the application tl'e Director sha er the application to the Planning Board for amended sibplan approval in ac$., Adance with the requirements of this Chapter. Nothing erein sh be construed e= eventing an applicant from withdrawing an application sign ap x , ©val in order to odify the sign to meet the objections of the Director and re submitting a new application for a sign permit to the Zoning Administrator. 3) Except as provided herein no freestanding sign shaleceed twenty (20) feet in height or the height of the principal structure +,,hichever is less. 4) The use of a dark background with lig ate"x olor(s) for let ring is preferred over the use of a white or light color background�and dark lettering 5) All sign lighti fixed and is n+ O illumination" %a property or m be fully shiel( cont mtei ermitte" the hours of 1 6) sigi 7) No i • ' 8) All signs a) Sign shall ha Mail be shielded and directed in such a manner that the light source is rectl� visible from, and does not cast glare or direct light from artificial an ac`ijjacent public right-of-way, surrounding property, residential A's vision Ground mounted spotlights used to illuminate a sign shall Any evice lighting a sign shall employ only lights emitting a light of and no sign shall be,illuminated by or contain flashing, intermittent or hts, `.A string of lights consisting of more than three bulbs shall not be of a sigh or separate from a sign. No sign shall be illuminated between .m. and' '6:00 unless the lot on which the sign is located contains ge and is °omen for business. on or affixed flat against the building facade. than two (2) sides. in accordance with the following methods: irement shall be based upon the entire area of the sign, with a single perimeter enclosing the extreme limits of the actual sign surface. b) For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying designs or symbols, together with any background of a different color than the natural color or finish material of the building. c) For a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols. d) Essential supporting framework (brackets, posts, standards) shall not be included in sign area calculations. However, illuminated embellishments on such essential Page 171 Zoning Law Public Review Draft August 22, 2007 supporting framework shall be included in the calculation of sign size. e) For signs with two faces or sides, the area shall be taken as the area of either face, provided that the faces are either back to back or are attached along at least one side and the angle of that attachment does not exceed 30°. Where faces are not back to back or are attached at an angle exceeding 30°, each face shall be measured individually. 9) Window signage shall not exceed twenty-five (25%) percent of the glass area of that part of the building facing the street front. 10) All illuminated signs shall bear the Underwriters Laboratories Inc., seal in conformance with U.S. 48 or be inspected and certified by a Town authorized electrical inspection company. 11) All freestanding signs shall be designed and construct: " t thstand a wind pressure of not less than thirty (30) pounds per square foot of sce area. 12 All signs, including wall signs and projectig signs;shall be secure anchored and shall not swing or move in any manner. g 13) All signs shall be constructed of durabl terials and shall be in d in a good condition., 3 14) Projecting signs shall have no more than two (2) face`s. The exterior edge of a projecting sign shall extend not more than six (6) feet from the 1.building face or one-third (1/3) the width of the sidewalk over ' . it is suspendeci%whichever is less. No part of a projecting sign shall extend in cular traffic ar6 A projecting sign suspended over a sidewalk or pedestrian tr c ll have a vertical clearance of not less than eight (8) feet. No sign shall projec om a 15) On multi -story buildings, projectin i shall ached to the building above first story windows'A' r< w second sto windowsill, On one-story buildings, projecting signs shall attacheove first sto windows and below the roofline. The size and location of ,p jecting sign shall complement neighboring signs. 16) No wall sign siia"'1e h h' :, ban the building to which it is attached. 17 All, a free andmg si '< a underground and/or concealed within the sign § 21a 124 Gn. Signs permitt§kin resi tial districts. A) Freestanding sign One;`'freestanding sign per lot of a maximum area of four (4) square feet is allowed Freestanding ;signs shall be set back a minimum of five (5) feet from any highway right of way; -nd shall,"' t exceed eight (8) feet in height. The base of any such freestanding sign shall be landscaied as approved by the Planning Board, and the amount of landscaping at the base of thr sign shall not be less than the square footage of the freestanding sign. The use of exposed "T" eams and steel beams to support a freestanding sign is prohibited. B) Sign attached to building. Two wall signs per lot not to exceed two (2) square feet for each business are allowed. § 210-125. Signs permitted in ATC, SPC, CHCO, CHCO (EO), MHC, and RRH districts. A) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall Page 172 Zoning Law Public Review Draft August 22, 2007 also be integrated with the site landscaping. B) On all non-residential premises: 1) On a single lot one (1) wall sign or one (1) projecting sign is permitted. Wall signs shall not exceed an area of fifteen (15) square feet. Projecting signs shall not exceed an area of twelve (12) square feet. 2) On a single lot one freestanding sign not to exceed twelve (12) square feet and a maximum height of twelve (12) feet in height above the finished grade is permitted, provided the principal structure is set back not less than 20 feet from the front property boundary. Freestanding signs shall be set back a minimum -,of ten (10) feet from any highway right-of-way or thirty-five (35) feet from any high*ay" enterline, whichever is greater. The base of any such freestanding sign shall beimounted within a landscaped monument of stone, brick or other natural material a approved by the Planning Board, and the amount of landscaping at the base shall note lest an the square footage of the freestanding sign. The use of exposed "P' beams and 'Kii beams to support a freestanding sign is prohibited. }' Q Awning signage not to exceed twelve (12) square feet and limited to a suigle line of text not more than eight (8) inches high is permitted.' D) If two or more businesses share a canopy along the face o the building, each business is permitted one sign with a maximum area of two (2) quare feet. This sign shall hang under the canopy, perpendicular to the face of the building. § 210-126. Signs permitted in B -N, A) Signs shall be designed in accordancewith a"""", comprehensive signage plan in which the size, materials, and color of wall mo untedige appropriate to the dimensions and architectural ce of the building to whoh it is affixed, or in the case of V,AO freestanding si ass o with. For "multiple tenants signage shall be presented as a unified plan t„ " integrate j into the overfill building design, color, scale, massing, as shall also be integrate s h the landscaping.s B) Freestanding sign. allowed: ,13er�Aet. If C)" Signs attached to buildings. biffl, ding shall not exceed an size o"11 square feet ,s D) Signs whifte'parking 1 provi ng sign with"' an area not to exceed 50 square feet in area is _qg orgnor"e1Vusinesses on a lot, each business may share an or some "other portion thereof as allowed by the owner of the sign painted on or affixed flat against the front of any of 25% of the face of the building up to a maximum sign primarily to rear of buildings. 1) Where no`'paxkifi areas are to be provided in the front of the principal building and most parking spacesare visually shielded from the road to the rear of the principal building, one additional wall sign shall be permitted, provided that such sign does not exceed 25 square feet and is placed on the wall of the building facing the principal parking area. 2) A sign bonus shall be available where there is to be no freestanding sign. In such a case the sign permitted in this subsection may be a maximum of 25 square feet. E) If two or more businesses have a canopy along the face of the building, each business is permitted one sign with a maximum area of two square feet. This sign shall hang under the canopy, perpendicular to the face of the building. Page 173 Zoning Law Public Review Draft August 22, 2007 § 210-127. Signs permitted in B-H, SHC, and FC districts. A) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants signage shall be presented as a unwed plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. B) Freestanding signs. One freestanding sign with an area not to exceed 50 square feet is allowed per lot. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural materialap roved by the Planning Board. C) Signs attached to buildings. Where there is one business a° ' one sign per lot painted on or affixed flat against the front of any building which s not exceed an area of 25% of the face of the building, up to a maximum sign size of 100 iquare few allowed. Where there are two or more businesses per lot, each bus altsbe perinlf one wall sign not exceeding 24 square feet or the lot may have one wall sign not to exceec X, square feet. D) Signs where parking is provided primarily of buildings. 1) Where no parking areas are to be provided u „; ;fro he principal binding and most parking spaces are visually shielded from the the rear of principal buildings, one additional wall sign shall be permitted, provide ° 'hat such sign does not exceed 50 square feet and is placed on thbBwall of the building s the principal parking area. 2) A sign bonus shall be available er U'iere is to be no— standing sign. In such case, the sign permitted in this subsection may e'a maximum N60 square feet. E) Where there is more than one business per lot; each business shall be permitted one sign in accordance with this subsection. Such sl. shall not ei eed 12 square feet. However, where there is to be no freesandulg sign, each lusiness shall be allowed to increase the square footage of the sign permitted iii this subsection to a maximum of 50 square feet. § 210-128. Signs A) Si �lil��xleslgned' i accordance with an overall comprehensive signage plan in which tla�''size,maters nd color o)' wall mounted signage shall be appropriate to the dimensions m`d architectural earance�of the building to which it is affixed, or in the case of tanding signs, ' ciated with. For multiple tenants signage shall be presented as a un ,R lan that is ' ated into the overall building design, color, scale, massing, as shall also a y.-legrated with,; a site landscaping. B) Freestanrl ri��signs. O' freestanding sign which shall advertise the name of the center only, not exceedln ar _ of 100 square feet, is allowed per shopping center. The base of any such freestan "y gn shall be mounted within a landscaped monument of stone, brick or other natural erial as approved by the Planning Board. C) Signs attached to buildings. 1) For enclosed shopping center: a) Entrance signs are allowed and limited to 25 square feet. b) For each store with a separate public entrance/exit to the outside of the shopping center, no more than one wall sign per exterior wall that contains a public entrance/exit. In no case, however, shall the number of such signs be more than three per store. Such signs shall not exceed 5% of the wall area on which the sign is located for two-story walls and 10% of the wall area for one-story walls. In no case, however, shall any such wall sign exceed 275 square feet. Page 174 Zoning Law Public Review Draft August 22, 2007 2) For unenclosed shopping centers: a) One wall sign per store. Such signs shall not exceed 25% of the face of the store (excluding glass) to a maximum of 100 square feet and shall be secured flat against the face of the building. b) Where no parking areas are to be provided in the front of a shopping center, one additional wall sign per store shall be permitted, provided that such sign does not exceed 12 square feet and is placed on the wall of the building facing the principal parking area. D) Hanging signs. One hanging sign per business shall be permitted.,.A. hanging sign is one that projects out from an exterior wall by more than one foot and is secured to said wall by means of chains, wire cable and brackets. Said sign shall not exceed.two square feet in area. E) All shopping center signs shall be approved by the § 210-129. Signs permitted in O -R, I -H, I -L, and Q A) Signs shall be designed in accordance with ar the size, materials, and color of wall mounted.' and architectural appearance of the buildir freestanding signs, associated with. For mu] unified plan that is integrated into the overall also be integrated with the site landscaping. B) Freestanding signs. One freestandln wit with a permit is allowed per lot. Tba$ within a landscaped monument of stone, brie Planning Board. comprehensive signage plan in which ;hall be appropriate to the dimensions nch�rt, is affixed, or ori the case of ant's signage shall be presented as a design, color, scale, massing, as shall an area not to exceed 50 square feet in area n such freestanding sign shall be mounted r ether natural material as approved by the C) Signs attached to d '�""": Where there 1 one business on a lot, one sign per lot painted on or affixed flat a0unst the' ont of any building which shall not exceed an area of 25% of the face of the buff- up to a maximum sign size yof 100 square feet is allowed. Where there er lot'" are two or more mess ,each bu lness shall be permitted one wall sign not exceeding 24 square'=leSmay have one wall sign not to exceed 100 square feet. D) Sign where ping is _`' ded primarily to rear of buildings. Where noV"pang areas to bye provided in the front of the principal building and most parking spaces- visual 'gilded from the road to the rear of principal buildings, one additional wall sag shall a permitted, provided that such sign does not exceed 50 Aare feet and is placed on the wall of the building facing the principal parking area. 2) A s gnibonus shall'66 available where there is to be no freestanding sign. In such case the sign perxtted in tis subsection may be a maximum of 100 square feet. 3) Where therei ore than one business per lot, each business shall be permitted one sign in accordance with this subsection. Such sign shall not exceed 12 square feet. However, where there is to be no freestanding sign, each business shall be allowed to increase the square footage of the sign permitted in this subsection to a maximum of 24 square feet. § 210-30. Motor vehicle service facility signs. A) Notwithstanding any other provision to the contrary in this Chapter, signs for Motor Vehicle Service Facilities shall meet the following additional standards: 1) Lettering affixed to dispenser pumps shall be limited to one sign per pump and shall not exceed one (1) square foot in area. 2) One sign painted on or affixed flat against the front of any building or canopy is allowed. Page 175 Zoning Law Public Review Draft August 22, 2007 Such sign shall not exceed an area of 25% of the face of the building or canopy up to a maximum sign size of 50 square feet. § 210-131. Exempt signs. A) The following signs are exempt from these provisions: 1) Decorative banners, flags, posters, placards and streamers on residential premises. 2) Decorative banners on non-residential premises not containing any words, labels, figures or descriptions. 3) Permanent monument signs as part of a decorative traffic. 4) Historical markers, tablets and statues, memorial si and dates of erection when cut into any masonry s stainless steel or similar material; and emblem i , religious or nonprofit organizations, not exceetmg s 5) Flags and insignia of any government or 6) On -premises directional signs for the conveni® tce of parking areas, fire zone, entrances and exits'libl,es and six (6) feet in height. 7) A sign of one (1) square foot" ess, affixed to , p�e address of the occupants of the m. or vehicular , denoting the name and 8) Memorial plaques or tablets, gram maw , atutory declaring names of buildings and date of erection when cut into an ;maso a when constructed of bronze or other incombustibl materials, or 'h emem r `raeces of persons or events that are 9) Signs whielf,are fully %acted within tlZmterior of any building, or within an enclosed lobby or co of any ,ilding, which sr ''°not visible from the public right-of-way, adjacent lots oxo&was p, the buildittg, and signs not to exceed 30" x 42", located within.the inner Weor entrance of any theatre which are intended sojel€e'ti£ormatid slating to terior operation of the building in which they are signs ideg reser� es, not exceeding one (1) square foot. Such signs are to be uminated eept by "'es, that is an integral part of a lamppost if used as a 11) Private owner meithandise sale signs for garage sales and auctions located on the premises not extending four (4) square feet for a period not exceeding seven (7) days in any one 12) On premiseTrespassing" or "Private Property" or similar signs. P. 13) Temporary non -illuminated "For Sale," "For Rent," "For Lease", "Opening Soon", "Coming Soon" real estate signs and signs of a similar nature concerning the vacant or improved real property upon which the sign is located provided such signs shall not exceed six square feet in area in residential districts and in nonresidential districts shall not exceed 10 square feet per 100 feet of frontage but not to exceed 50 square feet. 14) Temporary, non -illuminated window signs and posters not exceeding ten (10) percent of the total window surface of a building. 15) At a gasoline dispensing station, integral graphics or attached price signs on gasoline pumps. Page 176 Zoning Law Public Review Draft August 22, 2007 16) Drive-thru menu boards. 17) Signs directing motorists or pedestrians shall be allowed, provided that such sign shall not exceed four square feet in area and include only directional information. Logos or other forms of advertisement shall be permitted on directional signs. A sign permit shall be required for such sign but no fee is required. 18) Signs identifying real estate, apartment or residential subdivision developments, not to exceed two signs where each sign shall not exceed 20 square feet in size and shall advertise only the name of the development where such sign is located. 19) A residential building or structure having six or more units and bed -and -breakfast establishments and boutiques may have one ten -square -foo 20) Temporary informational and directional signs for mpiigs, conventions and other assemblies displayed only for the duration of the eve,, 111r"a Y,_ 21) One (1) sign, not exceeding two (2) square fee ..in square feet in a non-residential district, listen owner on premises where construction, ren6Vatior shall be removed upon completion of consul ction, r 22) Signs or bulletin boards customarily inciden to museums, social clubs or societies, provided t� 15 square feet in area and shall be located on the. 23) Political posters and similar § 210-132. :" rsiden 'district or twelve (12) rc !tect, en g r, contractor and/or or repair is in pi . ess. Said sign ioovation or repa' . Es orOf worship, s els, libraries, bulletin boards"" hall not exceed miles of such institutions. ARTICLE X NONCONFORMING BUILDINGS AND USES A) It is the intent of Phis Loci] Law that noncnnformities should not be expanded except as indicated herein, that they,should be brought into conformity as quickly as the fair interests of th . =z ermit, an ,that the existense of any present nonconformity anywhere in the Ts a iit tself be' considered grounds for issuance of a variance for any other use, building, structure. Nothing in this Local Law shall be deemed to prohibit ary repair a ' e aintenaneeof any nonconforming building or other structure or r trust, there ecessitated by fire or other casualty, or replacement of existing ma or work o ° ed by the Zoning Administrator to protect the public health or safety, ded such 00 k does not increase the nonconformity. B) Except as wise vided in this article, any lawfully permitted use of a structure or land existing on ive date of this Chapter, or on the effective date of any subsequent amendments to s Chapter, may be continued even though such use does not conform to the standards or `provisions of this chapter. Such uses shall be deemed nonconforming uses. C) Any existing natural or man-made screening of nonconforming uses or structures shall not be removed or replaced except as permitted by the Zoning Board of Appeals. Such screening shall be maintained in a good state of repair. § 210-133. Nonconforming use of land. A) Where no structure is involved, the lawful nonconforming use of land may be continued, provided that: 1) Such nonconforming use shall not be enlarged or increased nor shall it be extended to Page 177 Zoning Law Public Review Draft August 22, 2007 occupy a greater area of land than occupied by such use as of the effective date of this Chapter or as of the effective date of any subsequent amendments hereto. 2) Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use after the date indicated in paragraph A.1. above. If such nonconforming use of land or any portion thereof ceases for any reason for a continuous period of more than twelve months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter. In determining whether a nonconforming use has been discontinued, any one of the following items shall constitute prima facie evidence of discontinuance: a) Any positive act indicating intent to discontinue; Ems;. b) Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances; y c) Cessation of the nonconforming use of a lot and/" estructure for twelve (12) consecutive months' d) Substitution of a conforming use. w, 3) Such nonconforming use may be change44�4 use thai.is similar or less nonconforming. B) All nonconforming uses shall conform in all other•respects to'the requirements of the zoning districts in which they are located. § 210-134. Nonconforming use of A) The legally nonconforming use of a stiuc "- be continuerovided that: 1) The Zoning Board of Appeals sh " he a applications for a permit for an expansion of a none;. orming uses a :: 'o the o :wing standards: a) A nonco , in1 ture may b n1d or extended one time only after the date that thetructure eame nonconforming, and then to an extent not exceeding 25% .�. of the grossoor ar f the existing �eture devoted to such nonconforming use. b) The applicatioxoli bxBoar PAtAppeals shall include: plot p awn to sew (ii) Dxa�c*ings o tins structures and proposed enlargements or extensions, inclu�ii�g floor.l� ` Drawings must be drawn to scale with elevations. (iii) Dates o*ny previous enlargements or extensions. (I�) Other information as required by the Board to complete its review. C) Site plan approval by the Planning Board shall be required. 2) If such nonconforming use of a structure ceases for any reason for a continuous period of more than orie year or is changed to a conforming use, then any future use of such structure and the land on which it is located shall be in conformity with all provisions of this chapter. 3) If any structure legally nonconforming in use shall be partially or totally destroyed by fire or any other means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be completed within one year of the date on which the destruction occurred. 4) If any structure in which any nonconforming use is conducted or maintained is hereafter removed, except as provided in Subsection C above, the subsequent use of the land on which such building was located and the subsequent use of any structure thereon shall Page 178 Zoning Law Public Review Draft August 22, 2007 be in conformity with the standards specified by this chapter for the district in which such land or building is located. 5) Normal maintenance and repair to the structure that is nonconforming in use shall be permitted. 6) Structures that are nonconforming in use may be changed to a conforming use. 7) Structures that are nonconforming in use may be changed to a use that is similar or less nonconforming. 8) All nonconforming uses shall conform in all other respects to the requirements of the zoning districts in which they are located. § 210-135. Nonconformity other than use. A) This subsection applies to structures which are conforming in use='but do not conform to the U. height, yard, building coverage, parking or other dimensional requirements of this chapter. No permit shall be issued nor shall any change benmade on such structupV or land that will result in any increase of such nonconformity. For the purpose of this subsection, structures existing prior to the date of adoption of this Chapter are deemed nonconform2 W, § 210-136. Residential lots in the R-20,000 District.�a s A) Structures on lots located in the R.20,000 District may b altered and expanded without a variance, despite a failure to comply with the area, shape, ©r frontage requirements of the R- 20,000 District provided: 1) The structure and the lot were lawfullye� c or and used for single family or two- family residential purposes prior to the dafe o aY Q 5=iPof this Chapter; and 2) The nonconforit silts solely from the adop on of this Chapter (including any preceding zo �g law o ubSequent amendments); and 3) The nonconiirrty has n been increased;b any act of the Owner or Tenant subsequent to the date of a�at►taon ihi Chapter, an-d- 4) nd4) Gins aten 1)iousa , 10,000) square feet of area; and the develo of the" will maintain a minimum lot width of not less than eight -five (85) feet; a fr d of n les 'than thirty (30) feet; a side yard of not less than fifteen 5) feet; a rear of not Tess than fifty (50) feet; and a maximum lot coverage of not e than twent %) percent. B) A non rming lot & isfying Subsections A.1 through A.4 above shall be designated an "eligible onforml lot." A lot shall remain an eligible nonconforming lot until the occurrence d of e.following events: 1) Reduction Mjother e lot's size, or any other increase in the degree of its nonconformity for any reasonthan the adoption of a more stringent zoning law; 2) Acquisition after the date of adoption of this Chapter by the owner of adjoining land which, when added to the original eligible nonconforming lot forms one or more lots complying with the area, shape, and frontage requirements of this Local Law. In such case no portion of the lot(s) so formed shall thereafter qualify as an eligible nonconforming lot under this Section, unless and until again made nonconforming by the adoption of a more stringent zoning law; 3) Acquisition after the date of adoption of this Chapter by the owner of the lot of adjoining land which, when added to the original nonconforming lot, reduces its nonconformity, but does not form a lot complying with the area, shape, and frontage requirements of this Page 179 Zoning Law Public Review Draft August 22, 2007 Local Law. In such case, a new eligible nonconforming lot shall be formed which reflects the addition of the adjoining lot. C) Nothing herein is intended or shall be construed to affect any requirement of this Local Law with respect to matters other than the area, shape and frontage of nonconforming lots. An eligible nonconforming lot shall be required to comply with all other requirements of this Local Law and with all other requirements of the Town, County, and State regarding the construction of principal and accessory structures. § 210-137. Completion of buildings under construction. A) Any nonconforming building, the construction of which has bee " acted before the effective date of this section, and the ground story framework of whi including the second tier of beams, has been completed within one year after the m—- nn of this section may be completed in accordance with plans on file w, the�ullding Inspector/Zoning Administrator, provided that such construction is da.ligeratly prose d and the building is completed within three years of the adoption of thsgn e or amen. § 210-138. Signs. A) Any sign which denotes a use that has ceased w; � �,. longer iden"' s an existing business conducted or product sold on the premise }a11 be removed as required by §210- 119. B) A nonconforming sign maybe chananly as follows: 1) To a conforming sign. 2) To a sign of similar or less § 210-139. A) The Zoning Board of Appeals shall make required to establish_ the conformity or n( forth in this section. the Zoning Board of Appeals. iation or interpretation as may be of any building, use or sign as set B) Ch g of land or structure to` another nonconforming use may be made to a use of sar or les formits determined by the Zoning Board of Appeals. In its decision, tae Zoning Boar „peals si use the following criteria: 1} M nonconformin " ' may .lie changed to another use within the same district or in a restrictive 'ct than the district in which the existing nonconforming use is permitted. 2) No cha ',,shall versely affect the public health, safety and welfare, the character of the neigh for property values in the area of the use. C) The applicant nest meet the applicable off-street parking and landscaping requirements. D) Site plan approval by the Planning Board shall be required for changes approved by the Zoning Board of Appeals in this section. ARTICLE XI ADMINISTRATION AND ENFORCEMENT § 210-140. General standards. A) In accordance with the powers delegated to the Town Board of the Town of Poughkeepsie by Page 180 Zoning Law Public Review Draft August 22, 2007 § 268, Town Law, the Town Board of the Town of Poughkeepsie does hereby appoint the Zoning Administrator of the Town of Poughkeepsie as the enforcement officer of the Town of Poughkeepsie Zoning Law and does hereby authorize, direct, delegate and empower said Zoning Administrator and his or her deputies, as the Zoning Administrator shall delegate, to enforce all provisions of said Zoning Law, except for those powers reserved for the Building Inspector and the Town Board as provided herein consistent with the statutory authority of § 268 of the Town Law. B) No building permit or certificate of occupancy shall be issued by the Building Inspector or duly authorized deputies and no permit or license for any purpose shall be issued by any official of the Town if the same would be in conflict with the provisions of this chapter. C) In the case of an irregular lot, the determination as to shall be made by the Zoning Administrator. § 210-141. Duties of Zoning Administrator. A) Except as otherwise provided, it shall be the duty 6f th, provisions of this chapter and of all rules, site "`plans, requirements adopted or specified pursuant,' thereto by Planning Board. B) The Zoning Administrator or a duly authorized depu3� land at any reasonable hour in they course of their duties a side or rear yard Admiriiitrator to enforce the use permitoi, conditions and nu Board of ArsDeals and the have the right to enter upon any C) The Zoning Administrator shall kelpaxcord of every idetxxtfiable complaint of a violation of any of the provisions of this chapter i id%fthe action taken onFeach such complaint. These records shall be public records. a �a § 210-142. Duties of B idinp Inspector and deputies. A) The duties of th $' uilding Vispector in regard to this Chapter shall be as set forth in Chapter 68 of the T07h 16 V e� § 210-143 Building permx A) Application and lssuat% " "pf building permits shall be as set forth in Chapter 68 of the AWn Code. In tie went o anflict between the provisions of this Chapter and Chapter 68 B) No�u ding permit s1- . be issued if such permit would be in conflict with the provisions of this chapter. C) No buildinpermit shall be issued for any building where the site plan of such building is subject to appzpval by -the Planning Board until such approval has been received and unless the plans are inti conformity with the plans approved by said Board. D) No building permit shall be issued for a building to be used for any use in any district where such use is allowed by special use permit by the Zoning Board of Appeals unless and until such special use permit has been duly issued by said Board. E) No building permit shall be issued if an area variance or use variance is required based upon the submitted plan and unless such variance(s) have been granted. I) If a project has received site plan and/or subdivision approval, any amendments to the plans and specifications previously reviewed as part of site plan or subdivision application which accompany a building permit application must be approved by the Planning Board before a building permit is issued. G) A building permit is required for change of use and/or occupancy of any building. Page 181 Zoning Law Public Review Draft August 22, 2007 § 210-144. Certificate of occupancy. A) The issuance of a certificate of occupancy shall be as set forth in Chapter 68 of the Town Code. In the event of a conflict between the provisions of this Chapter and Chapter 68 the stricter requirements shall control. § 210-145. Penalties for offenses; emergencies. A) A violation of this Chapter is hereby declared to be an offense punishable by a fine not exceeding $500 or imprisonment of a period not to exceed fourteen (14) days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $M `nor more than $1,000 or imprisonment for a period not to exceed fourteen (14) days, or both; and upon conviction for a third or subsequent offense, all of which were committed" within a period of five years, punishable by a fine not less than $1,000 nor more than'.$5,000 "Or"Imprisonment for a period not to exceed fourteen (14) days, or both. However, for the purpose }conferring jurisdiction upon courts and judicial officers generally, violations£of this chapter qr regulations shall be deemed misdemeanors, and for such purpose''' only, all provisions of „law relating to misdemeanors shall apply to such violatjons. Each week's continued violation shall constitute a separate additional violation. x0, P B) Taking of emergency action. If, in the opinion of th42onlrig Administrator, a violation exists which requires immediate action to avoid a direct hazaxtl or imminent danger to the health, safety or welfare of occupants of , uilding or to other' ersons, the Zoning Administrator may direct such violation immedia medied or may Itak e such action on her or his own initiative to abate the hazard. Any cru ed by such abfjni; sh all be paid by the owner, occupant or person responsible for th ola the Zoning Administrator shall keep on file an affidavit stating with fairness and ccurac '" e genas of expense, including actual time expended by Town personnel on such a cement, and clave of execution of action taken and is furthermore autliarize to institute a suit, if necessary, against the person liable for such expense in"'", court of competent juris ""tion to recover said costs. ARTICLE XII ZONING BOARD OF APPEALS § 2104 Zoning BodfWAppeiffisestablished; duties. A) Puihant to Town La he Town Board shall appoint a Zoning Board of Appeals consisting of se'VO embers, sh esignate its Chairman and may also provide for compensation to be paid toxnembers " provide for such other expenses as may be necessary and proper. A member of Zonin oard of Appeals shall not at the same time be a member of the Town Board. The T ►ard shall have the power to remove any member of the Zoning Board of Appeals for ca and after public hearing. Pursuant to §10, Subdivision 1(ii)d(3), of the Municipal Hone Rule Law, this chapter supersedes the provisions of Town Law §267, Subdivision 2, in its application to the Town of Poughkeepsie. B) Terms of appointment. The members of the Zoning Board of Appeals shall be appointed for terms of seven years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for unexpired term. C) Rules of procedure. The Zoning Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedures, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Every rule, regulation and every amendment or repeal thereof shall be filed in the office of the Town Page 182 Zoning Law Public Review Draft August 22, 2007 Clerk and shall be a public record. In addition to any other matters within its authority, the Zoning Board of Appeals is hereby authorized to promulgate rules regarding the following matters: 1) The day and time by which applications for new matters, and supplemental materials for pending matters, must be submitted to the Secretary of the Zoning Board of Appeals in order to be considered at the next meeting of the Board. 2) The number of copies of materials that must be submitted for new and pending matters. 3) The maximum number of applications that may be heard at a regular meeting of the Board. 4) The form of the applications for variance and interpretati `-.requests including the use of a Long Form or a Short Form Environmental Assessmen =prm for certain matters. 5) The maximum length of time of a regular meeting of „ e Boar", 6) The conduct of applicants and the public at mee sand public hearings of the Board. gpg D) Meetings. 1) All meetings of the Zoning Board of App„ hall be field at the call of hairman and at such other times as such Board may de - e Th ,, airman or his _ er designee will administer oaths and compel the attend e.p v�nnesses. All meetings of such Board shall be open to the public. 2) The Zoning Board of Appeals `'shall, keep minutes o roceedings showing the vote of each member on every question If a` member is absen ilio vote, the minutes shall indicate such fact. Every order, requlrementt decision 'termination of the Zoning Board of Appeals shall be filed in;, the office of the To Clerk and shall be a public record. E) Referrals to the Planni:g3oard. In conneetion with an' appeal or application submitted to the Zoning Board V Appeal ,;,said Board may transmit to the Planning Board a copy of said appeal or application for an advisory opinion. Upon such request the Planning Board shall 144 submit a report of such advisory opinion within sixty-two (62) days of the receipt of the referral.gL Pu , '' heard "'The Zoning-9oard of Appeals shall fix a reasonable time for the F) gt, PP ng of the 1, interpretation, special use permit, or other matter referred to it and e public noticeof by thp, publication in the official newspaper of a notice of such ng, at least to 0) days prior to the date thereof, and shall, at least ten (10) days be ” uch hearing it notice thereof to the owners of property within 200 feet of the parte nesting rel Such notice shall not be required for adjourned dates. The notice shall st he date, t k e, place and subject of the public hearing at which the application will be re `,;fid. Su notice shall not be required for adjourned dates. The records of the Receiver of a Town of Poughkeepsie shall be deemed conclusive as to ownership, and the notice 'll be deemed complete when deposited in a properly addressed, postpaid envelope in tnited States mail. The Zoning Board of Appeals may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of the application, including the prominent placement of one (1) or more signs on the premises that is the subject of the application notifying interested persons that an application is under consideration by the Board. G) County Referral. Prior to action on an application for an area variance, a use variance, or a special use permit under this section a copy of said application shall be forwarded to the Dutchess County Planning Department for review pursuant to General Municipal Law 239- mn if the boundary of the property that is the subject of the application is located within five hundred (500) feet of: Page 183 Zoning Law Public Review Draft August 22, 2007 1) The boundary of any city, village, or town; or 2) The boundary of any existing or proposed county or state park or other recreation area; or 3) The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or 4) The existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or 5) The existing or proposed boundary of any county or state owned land on which a public building or institution is situated; or 6) The boundary of a farm operation located in an agricult twenty -five -AA of the agriculture and markets law. 0 �y H) Referral to Neighboring Municipalities. Pursuant to Genu for a use variance or a special use permit reviewunel located within five hundred (500) feet of an adjacent n hearing shall be given by mail or electronics ransmissi municipality not less than ten (10) days prior tt3 the date of', I) Notice to park commission and county planning 66r,"I `or mia At least five (5) days before such hearing, the Zog, thereof to the parties; to the re 'oval state park coiniy state park or parkway within five T. , ed (500) feet of r" J) Agricultural data statement. An app, use permit must also contain an agri) located on property within an agrici property with bounc agricultural distrz , the applicant, amesc any owner of b . map or other ma operations identified within five the proposed agricultural .e site of the 7 or regional planning council. of Appeals shall mail notices having jurisdiction over any ►erty affected by such appeal. an area variance; a use variance, or a special tatement a£' any portion of the project is taxing a farm operation, or other (500`f a farm operation located in an a ement all contain the name and address of ect and its location; the name and address of ict which contains farm property: and a tax ,11 )osed project relative to the location of farm K) Assistance x The Zonin oard of ' py als shall have the authority to call upon any department, agic„ ore ee of the Town for such assistance as shall be deemed necessary and a2s%11 be a' �d by the Town Board. Such department, agency or employee shall be re sed ny expenses incurred as a result of such assistance. %a, Q Decision The Zoning -Board of Appeals shall make a decision within 62 days after the final hearing The concurriri,vote of the majority of all members of the Zoning Board of Appeals shall be necessary to rerse any order, requirement, decision or determination of any official charged with'the administration of the Zoning Chapter or to decide in favor of an applicant in any mattepai which it is required to pass under any ordinance or to effect any variation in the,=g Chapter. M) Default Denial. In exercising its appellate jurisdiction only, if an affirmative vote of a majority of all members of the Board is not attained on a motion or resolution to grant a variance or reverse any order, requirement, decision or determination of the enforcement officer within the time allowed by subsection K herein, the appeal shall be deemed as denied. The Board may amend the failed motion or resolution and vote on the amended motion or resolution within the time allowed without being subject to a rehearing process. N) Appeals. Any person or persons jointly or severally aggrieved by any decision of the Zoning Board of Appeals may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Act of the State of New York. Such proceeding shall be governed by the provisions of Article 78 of the Civil Practice Act, and must be instituted as provided within Page 184 Zoning Law Public Review Draft August 22, 2007 30 days after the filing of a decision in the office of the Town Clerk. The court may take evidence or appoint a referee to take such evidence as it may direct and report the same with any findings of fact and conclusions of law if it shall appear that testimony is necessary for the proper disposition of the matter. The court at special term shall itself dispose of the cause on the merits, determining all questions which may be presented for determination. Costs shall not be allowed against the Zoning Board of Appeals unless it shall appear to the court that it acted with gross negligence or in bad faith or with malice in making a decision appealed from. § 210-147. Appeals. A) The Zoning Board of Appeals shall hear and decide app( requirement, decision or determination made by the Zonir, Inspector under this Chapter in accordance with the proced B) Violations. Upon written report or receipt of a not* e v desist from the Zoning Administrator and/or Buil" `7 Chapter, the Zoning Board of Appeals shall riot review, hearings, and shall take no action regarding a`n applicatioi variance approval, or interpretation until `"natified by t] Building Inspector that such violation has been cured ori the Board may, upon written recommendation of the Zona Inspector, review and act on an application involving prop where such application is a plan &`-cure the violation and, property into compliance with this Chapter F m and review any order, inistrator or the Building .forth herein. )lation or an order to cease and ►spector fob ..a violation of this hold public eetings or public for area van , a proval, use e Zoning Admim„ ;gator and/or ised by the applicant. However, g Administrator and/or Building rty for which there is a violation bring the property or use of the C) Upon filing of a notice of appeal and payment of a filing fee by'the appellant or applicant, the Zoning Administrator shall forthwith transmit. to tlie` lonmg °Board of Appeals all the papers constituting the record a on which the action appeatedli6m was taken. D) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrativ�k oficer charged with the enforcement of such ordinance or local law, from whom the appeal is taken, certifies to the Zoning Board of Appeals, after the notice of appeal has been filed wi&Ae administrative officer :that by reason of facts stated in the certificate a stay, , in his or her opine n;:.'; a imminent peril to life or property, in which case pro, rinot be stayed otherwise than by a restraining order which may be granted Xionn of Appeals or by a court of record on application, on notice to the inistrative ofrom whom the appeal is taken and for due cause shown. f Appeal. An al sha11 be taken within thirty (30) days after the filing of any order, req ent, decision, terpretation or determination of the administrative officer charged with t " orcement uch ordinance or local law, by filing with such administrative officer and with oning and of Appeals a notice of appeal, specifying the grounds thereof and the relief t. a administrative official from whom the appeal is taken shall immediately tg, it to the Zoning Board of Appeals all the papers constituting the record upon which th I ction appealed from was taken. The cost of sending or publishing any notices relating to such appeal shall be borne by the appealing party and shall be paid to the Board of appeals prior to the date set for hearing on such appeal. § 210-148. Permitted Actions. A) Interpretations. Upon the appeal from a decision by an administrative official, the Zoning Board of Appeals shall decide any question involving interpretation of any provision of this Chapter, including any determination of the exact location of any district boundary if there is uncertainty with respect thereto. The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its Page 185 Zoning Law Public Review Draft August 22, 2007 opinion ought to have been made in the matter by the administrative official. In making such determination, the Board shall have all of the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken. B) Use Variances. The Zoning Board of Appeals, on appeal from the decision or determination of the administrative officer charged with the enforcement of this Chapter, shall have the power to grant use variances, as defined in the New York State Town Law. No use variance shall be granted by the Board without a showing by the applicant that zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals for each and every permitted use under the zoning regulations for the particular dis='ct where the property is located: 1) That the applicant cannot realize a reasonable retur vided that lack of return is substantial as demonstrated by competent financial erie Viand 2 That the alleged hardship relating to the ro"' g p g p pe rty question z unique, and does not apply to a substantial portion of the district or.. oiliood, and 3) That the requested use variance, if grant will not alter the essen gharacter of the neighborhood, andrg 'o 4) That the alleged hardship has not been self- ed.. C) Use Variance Approval and Conditions. In gran 1- , n" use variance the Zoning Board of Appeals shall grant the minimums variance that it s eem necessary and adequate to address the unnecessary hardshipoen by the applica a°;and at the same time preserve and protect the character of the 46ig rhood and hea safety and welfare of the community. The Board may grant ppro�Y flf �a use varia, a on such conditions as the Board may find reasonable and necessary to preserve and protect the character of the neighborhood and the heal111Tth, safety an ware of the `corimunity. Said conditions shall be consistent with thespi` awl intent of thi Zoning Law, and shall be imposed for the purpose of minimizing,.any' adverse impact such se variance may have on the neighborhood or community` D) Area variances. The Zoning Board of Appeals `shall have the power, upon an appeal from a decision,,jg,,, terminatio `61 '64-44 r ive officer charged with the enforcement of this Chip t 41 area variances ase" in the Town Law. In making its determination, Zoning Boar40 eals shall take into consideration the benefit to the applicant if the Hance is grant' weigh iagainst the detriment to the health, safety and welfare of the `� �� n�tghborhood or co ity by such grant. In making such determination the Board shall alsdconsider: 1) Wiieher an undes ; e ole change will be produced in the character of the neighborhood, or a a detrii�nt to ne; y properties will be created by the granting of the area variance; 2) Whether fit sought by the applicant can be achieved by some method, feasible for the apphcar pursue, other than an area variance; 3) Whether the requested area variance is substantial; 4) Whether the proposed variance will have an adverse effect or impact on the physical or environment conditions in the neighborhood or district; and 5) Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance. E) Area variance approval and conditions. In granting an area variance the Zoning Board of Appeals shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve Page 186 Zoning Law Public Review Draft August 22, 2007 and protect the character of the neighborhood and health, safety and welfare of the community. The Board may grant approval of an area variance on such conditions as the Board may find reasonable and necessary to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Said conditions shall be consistent with the spirit and intent of this Zoning Law, and shall be imposed for the purpose of minimizing any adverse impact such area variance may have on the neighborhood or community. F) Action following public hearing. Following public notice and hearing, the Zoning Board of Appeals may reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination appealed from and shall make such order,. requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken G) Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reheard may", Nmade by any member of the Board. A unanimous vote of all members of -the Board thenireesent is required for such rehearing to occur. Such rehearing is subject to the same noir e. provisions as an original hearing. Upon such rehearing the Board may reverse, modify orannul its original order, decision or determination upon the , unanimous vote of all member,� then present, JF - provided the Board finds that any of the rights . vested in persons acting m,- good faith in reliance upon the reheard order, decision or determinatiO , willInot be prejudiced thereby. H) Denied and dismissed applications. No application for a variance shall be considered by the Zoning Board of Appeals within erg en (18) months of the date of denial or dismissal of an appeal for the same or similar rebs.7r,§"',sting the same property unless there appears on the face of the renewal application evidence , new or changec�.:�circumstances regarding the property and indicating that a rehearinof the�matts rs warranted. I) Time Limit. The are ante and/or use variance appre'val shall be void if construction or the use is not st m one (1) yeai"A)i the date .of Zoning Board of Appeals approval, and completed hin two years of the elate of such approval. A use variance shall be deemed to haves , „ ired w en the use has ceased for a period of twelve (12) consecutive months.' li J) Applications for speer pe " , slte: lam, and subdivision approvals. Pursuant to §274 - ''State Town Law nothing herein shall be construed tpprevent aniplicants ecial use permit, site plan, or subdivision approval from mitting an appcationc variance approval without first obtaining a decision or .y d�ermination from as $uildrng Inspector or Zoning Administrator. § 210-149 gpeial use permits. A) Reviewing ancy. Pursuant to Town Law section 274-b, subsection 2, the Zoning Board of Appeals is herb empowered to review and approve, approve with modifications and/or conditions, or drsepprove special use permit applications as provided in this Chapter. B) General. All uses allowed subject to special use permit approval are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located provided the Zoning Board of Appeals makes a written finding that the individual case meets the special use permit performance standards of this Chapter. C) Approval required. Where special use permit approval is required by this Chapter, no Building Permit or Certificate of Occupancy shall be issued by the Building Inspector until such special use permit has been approved by the Zoning Board of Appeals as provided herein. In addition, no premises shall be occupied or used and no permanent Certificate of Page 187 Zoning Law Public Review Draft August 22, 2007 Occupancy shall be issued until all of the requirements of this Chapter, and any conditions of special use permit approval have been complied with. All uses allowed by special use permit are subject to the requirements for site plan approval unless site plan approval is waived by the Planning Board as set forth herein. Where required as part of a special use permit, site plan review under this Chapter shall be conducted contemporaneously with the review of the special use permit application, and the Zoning Board of Appeals shall coordinate its review with the Planning Board's review of the site plan. No authorization is granted for a waiver of the requirement to obtain a special use permit, and no authorization is granted to separate the review of the special use permit from the review of the site plan. D) Compliance. All applications for any use allowed subject to the issuance of a special use permit shall be accompanied by an affidavit executed by the ownef�u'of subject property that the proposed use will be constructed and operated in accordance with the standards and qualifications hereinafter set forth. The Zoning Board of Appe a =shall not issue a permit to allow any use subject to the special use permit provisioatas of this Chapter unless said Board first finds that the use, as proposed, shall be in co fiance with t1 -standards set forth in this section. E) Violations. Upon written report or receipt o „ _ otice of violation or an order to cease and desist from the Zoning Administrator anuildinik-,Inspector for a w1o'lation of this Chapter, the Zoning Board of Appeals sial revie, old public meetfigs or public hearings, and shall take no action regarding an '' aeon or special use 'permit approval until notified by the Zoning Administrator that suc dation has been cured or ceased by the applicant. However, the Board may, upon wrl recommendation of the Zoning Administrator, review and act on",n involvixl property for which there is a violation where such application is a icure the violate bring the property or use of the property into compliance with tis Capiex ..." I� Non -complying uses deemed prohibitedAr standards required in this section, as le'r deemed a prohibited use and a special use " 7 G) Applications All application's for special forms and in such quantic as may be pr application shall be deemed ccniblete until a Draft E= amental fmpact Stateine `" s y wi.#°respect �"; e, cone and adequacy. which r�'s''unable to meet the performance by t% Zoning Board of Appeals, shall be :call be denied by said Board. ,r mit approval shall be in writing and on ed by the Zoning Board of Appeals. No .tive Declaration has been issued, or until a accepted by the lead agency as satisfactory Fees. An applica6% or a special, use permit shall be accompanied by an application fee as si#lay the Town Bob All application fees are in addition to any required escrow fees, and dobe over the cosh environmental review. The applicant shall be responsible for the total" os; of environ tal reviews that are determined to be necessary to meet the a. requlreme of the to Environmental Quality Review Act (SEQRA). If the Board requires pror�essional iwiew of the application by designated private planning, engineering, le al or other�eo" tents or if it incurs other extraordinary ary expense to review documents or conduct specialb " 'es in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to this Chapter. I) Time of decision. The Zoning Board of Appeals shall decide the special use permit application within sixty-two (62) days after the close of the public hearing, subject to compliance with the requirements of SEQRA and the General Municipal Law sections 239-1. and 239-m. In rendering its decision the Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board shall be filed in the office of the Town Clerk within five (5) business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant. Page 188 Zoning Law Public Review Draft August 22, 2007 J) Time Limit. The special use permit approval shall be void if construction or the use is not started within one (1) year of the date of Zoning Board of Appeals approval, and completed within two (2) years of the date of such approval. Prior to its expiration, the special use permit approval may be renewed by request of the applicant for up to two (2) additional ninety (90) day periods. A special use permit shall be deemed to have expired when the use has ceased for a period of twelve (12) consecutive months. 1K) Compliance with SEQRA. The Zoning Board of Appeals shall comply with the provisions of the SEQRA under Article 8 of the Environmental Conservation Law and 6 NYCRR 617. L) Criteria for allowing special use permits. 1) General provisions. Special uses are hereby declared to s` "characteristics which require that each specific use shall be considered an in ual use. Any use for which a special use permit is granted by the Zoning Board eals shall be deemed a use permitted in the district in which located, exc tha any additional use or enlargement of such use, a separate special use ermit s" be required for each addition or enlargement. The proposed special use must meet al the conditions of that use including basic use regulations specifiedin this chapter and as the Zoning Board of Appeals may apply to any approval. � 2) Required plan. A plan for the proposed dev.0 ent o'° mite for a perms d conditional use shall be submitted with the application fo z al u e permit to the Zoning Board of Appeals, and such plans shall show the locat1 all buildings, parking areas, traffic access and circulation driven open spaces, la", ing and any other pertinent information that may be necessary to determine if Esse, oposed special use meets with the requirements of this chapterk,� Wt 3) Basis for deliberation, general prov"isions Before issuing a special use permit, the Zoning Board of Appeals shall take into considera:�iori s public health, safety and welfare and shall assure itself p4the following: " a) That there hall nod Abe any detrimental effect by the establishment of such use on b) That such use willbe na harmony with the orderly development of the district and cation, riaure and lie ghat of buildings, walls, fences and parking areas will not the appropriate development and use of adjacent lands. c) That all ' tures, equipment and materials shall be reasonably accessible for fire and police " ction That the use " � ets the prescribed requirements for the district in which located, w, luding mini m yard requirements for the district in which located or as further died in th ;.section and including maximum height, required off-street parking 1VI) Special Use Performance Standards. In granting any special use permit, the Zoning Board of App m shall take into consideration the public health, safety and general welfare of the Town, and the comfort and convenience of the public in general, in the Town and of the immediate neighborhood in particular. The Board may require modifications and/or conditions to an application, including submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards on its approval to eliminate or minimize potential impacts on surrounding properties and the community in general as a condition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Zoning Board of Appeals shall give specific consideration to the following standards and the Zoning Board of Appeals is hereby authorized to use its discretion to determine whether one (1) or more of these standards apply to any particular application: Page 189 Zoning Law Public Review Draft August 22, 2007 1) Noise. The maximum noise level at the property line applicable to the use involved shall not exceed the maximum established under Chapter 139 of the Town Code. 2) Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation. 3) Traffic access. All proposed traffic access ways shall be adequate but not excessive in number; adequate in width, grade and alignment and visibility; shall be sufficiently separated from street intersections and other places of public assembly; and shall meet other similar safety considerations. 441,111, 4) Parking. Adequate off-street parking and loading spaces shall be provided in accordance with the off-street parking and loading requirements of thisChapter. Shared parking is encouraged where the peak parking demands of different used occur at various times of �W •, the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking repXort, may be emp�oyed to demonstrate shared parking effects. 5) Circulation. The interior circulation system shall be adequate to provide safe,accessibility to all required off-street parking, aril to i -oxide f f"Jhe convenience ,and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads. 6) Landscaping and screening. king and service areas shall be reasonably screened during all seasons of the year view of adjacerr residential lots and streets and the general landscaping of the si s in character` with that generally prevailing in the neighborhood. Existing tre twe winches T more in diameter at breast height (dbh) should be preserved to mrximu extpractical. 7) Character and ce. The chars r and appearance of the proposed use, buildings, structures, door si r and lightin hall be in general harmony with the character and appear. gree of the l rounding n hborhood, and shall not adversely affect the of the 'roposed use shall be designed and should be at m " 'mizes impacts to protect historic and natural site under review and in adjacent areas. ): ,Sewage Treatmeri additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including temporary limitations and reasonable assurances that these standards and requirements conditions and safeguards can be responsibly monitored and enforced. N) Criteria for revocation of special use permits after notice of violation. 1) The owner of the premises subject to the special use permit shall be afforded a public hearing, upon 10 days' notice, before the Zoning Board of Appeals or a hearing officer designated by the Zoning Board of Appeals to determine whether or not the special use permit heretofore issued has been violated. 2) The owner of said property shall be advised, in writing, of-tMictual allegations which constitute a violation of the terms of the special use permit or of the conditions upon which the special use permit was issued. 3) The owner of the property shall have the opr and present witnesses and evidence on his or 4) The Zoning Administrator of the Town of present the facts and evidence upon which",` permit or the terms of a special use permit:; Town Attorney's office. 5) The Zoning Board of Appeals, within 30 days officer's report, shall issue a written decision, v Zoning Board of Appeals, as constituted. If a h which will consist of a finding of "facts with receipt of the record, thereafter the„ Zoning Bo; to issue its decision. Lmff�to appe with or without counsel, hal o ghkeepsie or his `�er designee shall legations of the violatt a: pecial use been violated, with the ' ante of the gcei�t ofthe record or the hearing be adopted by a majority of the n ust issue his or her report omns, within 20 days after of Aill have 30 days in which 6) The decision of the honing Board of Appeals must be in writing and state whether or not a valid special use p6riidt was issued; whether or not the terms of the special use permit were violated; and whether or not the conditions upon which the special use permit was violated anti, inthe even a violation, issue'an order revoking the special use permit on a temporary or permanent .basis or issue an order effectuating such other remedy that ma a proprate under' the circumstances as determined in the discretion of the of Appeals. ARTICLE XIII PROCEDURES AND STANDARDS FOR SITE PLAN APPROVAL f § 210-150. A) Purpose. The - nse of this section is to provide regulations governing the standards for review and do i ' , and due process, for site plan approval. These regulations are designed to protect the community from undue traffic congestion, excessive noise, flooding, excessive soil erosion, excessive odors and other forms of pollution; to provide for design that will be in harmony with the appropriate and orderly development of the district in which it is located; and to ensure that the impact of new development and redevelopment are mitigated by compliance with reasonable conditions. The Town of Poughkeepsie values the mixed-use character of the Town, and wishes to encourage residential and non-residential growth involving reuse of existing structures and development of new structures in a manner that is protective of the historic, scenic, and environmental character of the Town. These regulations are also designed to ensure that land development conforms to the Town's planning goals and objectives as expressed in its Town Plan. Page 191 Zoning Law Public Review Draft August 22, 2007 B) Approval required. Where site plan approval is required by this chapter, no building permit and, in the case of a change of use, no certificate of occupancy shall be issued by the Building Inspector until such a plan shall have been approved by the Planning Board and the signature of the Planning Board Chairman has been affixed to the approved site plan. No certificate of occupancy shall be issued for until all of the requirements of the Planning Board's approval, including any conditions attached thereto, have been met. 1) Site Plan Approval by the Planning Board, in accordance with this Article, is required for the following uses and activities: a) All uses and uses accessory thereto which require site plan approval as set forth in this Chapter. � � b) Any change of use involving a conforming use to an&anon-conforminguse. orming use. c) Any change of use involving a non -conforming use;=„ d) A change to an approved site plan and an a roved subdi� ion plat where site plan approval was required. e) Activities for which a use variance has:J n granted by the Zonm and of Appeals. C) Exemptions. The following activities are a om Sitej?1an Approval: 1) Construction, extension or alteration of - am residential dwelling and accessory structures thereto on a lot legally in exp`:; „.ce as of the date of adoption of this Chapter; 2) Construction of a single -fam>ly s�ntial dwelling o located in the R 4A, R 2A, and R-20,000 districts approved by 41,60 I ring Board fo , s1dential purposes pursuant to Chapter 177 of the Town Code, 3 The seasonal lazi�n cultivation aid #arvestin ' 'field crops, fruits vegetables, and P _ .� `� g � gP > g horticultural specia`itteincluding nursery stock, ornamental shrubs, and ornamental trees and flowers, whether as part of"an existing or a new or expanded agricultural operation, and not involving the construction or alteration of any structure. 4) Construction, extension, expansion or alteration of the interior of a building or structure; 5) rty maintenance activities, including repainting, repair, and in-kind replaceme on as the physical appearance of the structure remains unchanged as to color and m a Is. Minimus activities 1) n case of ce"' , construction activities that would otherwise require site plan appy by the P N ning Board the Building Inspector is hereby authorized to issue building rmits construction of a new structure, after review and recommendation by the To er and without site plan approval by the Planning Board, provided: a) The act y involves the construction of not more than two -hundred (200) gross square eet of new construction for a use that is permitted in the district in which the property is located; and b) The existing use of the property is a conforming use; and c) The property is located in a business or a commercial district; and d) The lot and all existing and proposed structures comply with the minimum lot and bulk requirements for the district in which the lot is located, or area variances have been issued by the Zoning Board of Appeals; and e) The new construction is one of the following listed activities: Page 192 Zoning Law Public Review Draft August 22, 2007 (i) Enclosure of equipment and storage buildings/shed. (ii) Enclosure of access vestibules. (iii) Enclosure of fire access. (iv) Enclosure of loading docks. (v) Enclosure of sidewalks. (vi) Enclosure of refuse containers. (vii) Installation of a freestanding or a wall mounted sign. 2) In the case of such de minimus construction the Builds rispector shall refer the application for a building permit to the Town Planner, who shall review the application and issue a written recommendation to the Building Inspector that the Building Permit should be issued, with or without conditions; or "issue a recommendation that the application should undergo full site plan review by tfie Plannir� Board pursuant to this section. In reviewing the application the To FIan,'er' shall consider the following: a) The potential effect of the new construction on drainage, lacan, parking, and architectural consistency with other structures located on the site.:'' b) Whether the site contains one or more non -conformity, with the use regulations for the district in which the site is located.': c) Whether the site contaiii`s,, one or more non, -c' or 't with the area and bulk regulations for the district in*luch the site is located d) Whether the new constructiai wou mom ly with th ` x ea and bulk regulations for the district in which the site ls�,ocatec s e) Whether additional site improveats woud�s required to correct an existing condition using on-site or off site flooding, and/or a hazard to pedestrian or vehicle a ement; d/or a nuisance related to lighting or landscaping. f) Whe er' olor, s Y , scale and massing of the new construction is consistent with the appear Woftructures n the site that have been approved by the 3) In" °the case of a use � ersion which does not require additional construction or site MO accordance with the provisions of this chapter, the Town Planner may determine that t1i#e site plan a„plication procedures outlined herein are not applicable. E) Site Plan Approval Waiver. Inde case of a use conversion which does not require additional exterid ,,epnstruction offsite modifications, or in the case of a site plan change involving less than 4Q square feet a�new construction, the Planning Board may determine that the site plan appMaton procedures outlined herein are not applicable and may waive the requirement o site`plan review, in whole or in part„ provided the Board determines: 1) The proposed`' change in use or site plan change will not result in additional traffic 11 generation, "waste water flows, water consumption, or additional employees, and 2) The proposed change in use or site plan change will not affect pedestrian and traffic circulation, eliminate parking, or alter the height of the exterior facade; and 3) The lot and all existing and proposed structures comply with the minimum lot and bulk requirements for the district in which the lot is located, or area variances have been issued by the Zoning Board of Appeals. 4) This determination shall be made to the Building Inspector, in writing, after decision of the Planning Board. F) Information Waiver. The Town Planner or the Planning Board may grant a waiver from the Page 193 Zoning Law Public Review Draft August 22, 2007 information requirements contained herein where it determines that such information is not relevant to, or is not otherwise required, to conduct the review of the application. G) State Environmental Quality Review Act. No application for site plan approval shall be deemed complete until a Negative Declaration has been issued, or until a Draft Environmental Impact Statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Nothing herein shall be construed to preclude or prohibit the Planning Board from convening a public hearing on an application for site plan approval provided the Board has determined that the application contains sufficient information and descriptive data to allow for an informed public review. H) Greenway compact. The Planning Board shall use its discret q implement the design standards as set forth in Greenway Connections". 1) Fees. An application for a site plan approval shall be accgtnped by an application fee as set by the Town Board. All application fees are in additin to anrequired escrow fees, and do not cover the cost of environmental review. The-, a icant sha be responsible for the total cost of environmental reviews that are detrain °d to be ne-ssary to meet the requirements of the State Environmental Qy Review Act (SEQF, If the Board requires professional review of the applicatio a designated private pl , engineering, legal or other consultants, or if it incurs of r' r ,aordina;, , expense to re vi ocuments or conduct special studies in connection with the p ed " ;cation, reasonable fees shall be paid for by the applicant and an escrow deposit mai squired by the Planning Board. J) Violations. No site plan approval hall be issued for ar' ;tee or new construction where there is on the subject property an existR Halation of any ch of the Town of Poughkeepsie Code or the New York State BuildibiAG a notice of violation or order to cease aiA de Inspector, the Planning Board shall no take action regarding an application fad Administrator and/or Building Inspector i applicant. However, the Planning Board for which there is Vit' the property or use o 0`4,� § 210 1 ,, - Applica�i A)� 5a�, ,w Plan Applicat P1A'11h1ning Departure app on form sh be acc `� nied by an accur � bound improvemen d professional era York. The site t an Inspector, here such Further, up tten report or receipt of a _mi the Zoning ministrator and/or Building �� public meetings or public hearings, or plan apxoval until notified by the Zoning such violation has been cured or ceased by the upon written recommendation of the Zoning :w and act on an application involving property canon is a plan to cure the violation and bring iinnce with the Town Code. application review. apphca£ion for site plan approval shall be submitted to the Town n forms provided by the Department for such purpose. The al `. completed by the applicant, and the owner, as required, and shall a s11111 -plan map as provided herein. The site plan shall use as a base map a, and topographic survey of the property depicting all existing topography, and shall be prepared by a licensed land surveyor, a a landscape architect, or an architect licensed by the State of New map shall include the following information: 1) Site Plan application form must be completed in full. 2) A consent of property owner(s) form must be completed in full with original signature(s). 3) Fourteen (14) Full Environmental Assessment Forms must be completed in full. 4) Fourteen (14) folded copies of the plot plan at a scale of not less 1 inch = 50 feet on a 24" x 36" sheet. Also, fourteen (14) copies of the plot plan, landscape plan and the elevations reduced in scale on an 11" x 17" paper in addition to the full size set of plans. Page 194 Zoning Law Public Review Draft August 22, 2007 5) Submit three (3) photographic enlargements at a minimum scale 1 inch = 100 feet. Label project name and grid number. Clearly outline subject parcel, street that it is on, and abutting streets. 6) The plans are to contain the following information: a) The stamp and signature of the professional engineer, registered architect, or landscape architect responsible for the preparation of the plan. b) An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, and all properties, subdivision, streets and easements within 500 feet of applicant's property. c) Title of the project in lower right corner. d) Location map: approximate scale 1 inch = 400 feetap is acceptable). e Northpoint, scale and date. f) Dimensions of the lot. g) Screening and landscaping: label exis�l ng, proposed and re qu rj (include plant species and size). h) Existing and proposed building height. i) Ingress and egress: required and proposed. j) Location, dimension, and number of off-street p and loading areas and traffic aisles, with required and proposed parking for ding addition or alteration depicted separately from required parking for total paw k) Location and dimension of handicappedparking required and proposed. A 1) Dimensions of allbuildings, existing and proposeit m) Total building area and square footage of each floor. n) Zoning esignation of the parcel and the.zoning designation of all adjacent parcels. S o) A data table 11sting= the minimum and maximum area and bulk regulations for the r,. id g district together with a 1ist'of the proposed lot and area dimensions. P) Names' of all abutting streets and names of all abutting landowners. a q) Location of existing and proposed utilities, drainage, landscaping, lighting, and erosion controh A ;7Location and dimension of existing and proposed retaining walls, fences, location and siz, #kof signs. s) Existi%g and,roposed contours of the lots at two (2) foot intervals. t) Elevations at the corners of the buildings. 3- u) Location and dimension of Truck loading areas. v) Proposed development of all open spaces including parks, playgrounds and open recreations. w) If required, a storm water pollution prevention plan (SWPPP) consistent with the requirements of Chapter 173, Part 2, Articles II, III and IV. The SVRPP shall meet the performance and design criteria and standards set forth in Chapter 173, Part 2, Articles III and IV. The approved site plan shall also be consistent with the provisions of Chapter 173, Part 2, Stormwater Control. B) Planning Department review. Applications for site plan approval which have been reviewed Page 195 Zoning Law Public Review Draft August 22, 2007 by the Town Planning Department shall be presented to the Planning Board 24 days prior to a scheduled public meeting. Such application shall be made prior to making application for a building permit. C) Public review; public hearing. Except those applications for which the Planning Board has waived site plan review, within sixty-two (62) days of receipt of a complete application, the Planning Board may hold a public hearing. If the Board determines that a public hearing will be held notice of the public hearing shall be published in the official newspaper at least ten (10) days prior to the date set for public hearing, and shall at least ten (10) days before such hearing mail notice thereof to the owners of property within 200 feet of the property that is the subject of the application. The notice shall state the date, time, place and subject of the public hearing at which the application will be reviewed Such notice shall not be required for adjourned dates. The records of the Recely of Taxes of the Town of Poughkeepsie shall be deemed conclusive as to ownershlo and the notice shall be deemed complete when deposited in a properly addressed pos�a d envelope in the United States mail. The Planning Board may also provide that the hearing belu'ther advertised in such manner as it deems most appropriate for full public 'eonsidera66 1, of the application, including the prominent placement of one (1) cr more signs on the premises that is the subject of the application notifying interested .persons that an application for a site plan approval is under consideration by the Board g� D) County Referral. Prior to action on an application f©r site planapproval under this section a copy of said application shall be forwarded to the l chess County Planning Board for review pursuant to General MuniY' Law 239-m if theioundary of the property that is the subject of the application is locate "' five hundred (5000 feet of: 1) The boundary of any city, village;ar 2) The boundary of any existing or p ,`' osenx tatepark or other recreation area; or ��Afl zN 3) The right -o way' ofa existing o ,:,proposed c unty or state parkway, thruway, expressway??'. ad or hi y; or 4) The existing of propose xaght-of-way of stream or drainage channel owned by the county or for wh�i h .,.F, estab]ified channel lines; or 5) The e=- Stlj�g or proms, bounda any county or state owned land on which a public ': ' buildine or institution 1 uated: or 6� The boundary of a farm op ' on located in an agricultural district, as defined by article twenty -five -AA o%he agric; Kure and markets law. E) Referral to NeighborixzVlunicipalities. Pursuant to General Municipal Law §239 nn, for a site plan' permit revie,` under this section involving property located within five hundred (500) feet of art adjacent municipality notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than ten (10) days prior to the date of'said hearing. Y= F) Agricultural data statement. An application for site plan approval must also contain an agricultural data statement if any portion of the project is located on property within an agricultural district containing a farm operation, or other property with boundaries within five hundred (500) feet of a farm operation located in an agricultural district. The agricultural data statement shall contain the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district which contains farm property: and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. G) Time of Decision. Within sixty-two (62) days of close of the public hearing, or within sixty - Page 196 Zoning Law Public Review Draft August 22, 2007 two (62) days of receipt of a complete application for which the Board has determined that a public hearing will not be held, the Planning Board shall approve, approve with modifications, or disapprove the site plan application. A copy of the Planning Board's decision shall be filed in the Office of the Town Clerk within five (5) days of the date of such decision, and a copy shall be mailed to the applicant. In acting to approve, with or without modifications, a site plan application, the Planning Board may attach such conditions and safeguards as it deems necessary to assure that the purpose and intent of these regulations are complied with. Within sixty (60) days of the date of approval or approval with modifications, the applicant shall present to the Planning Board a corrected final site plan in reproducible form, including any modifications required by the Pla Ring Board as a condition of approval. Upon verification by the Planning Board that t Ian complies with the requirements of the approval, the plan shall be endorsed by tr„ ;P Tanning Board Chairperson and filed with the Planning Board and the Building Inspe 0,The site owner or applicant shall not commence any site preparation, including but xi t h to tree removal, removal of soil, grading, stockpiling of soil or other constrMuctio Material, the final site plan has been endorsed by the Planning Board Chairman. I) Decision. In rendering its decision concerning any` site plan application,_ Planning Board shall consider the design standards for the joining distract in which the`'"1' 1 . ated, and shall consider the nature, arrangements a",appearce of all prop structures improvements and uses of the lot, including the ' oten mpact on adj . ent properties, architectural features and land uses such that. 1) They will have a harmonious' relationship with the „ sting and planned development of contiguous lands and adjacent neighborhoods. 2) They will have no material adverse effect upon the desira qty of such neighborhoods for Mr the uses contemplated by this Chapter 3) They will be properl7 related to the uses, goals"and policies for land development as expressed in the ''1`60" Plan. m,,, 4) Pedestrian an� vehicular access, traffic .circulation and the general layout of the site are properly plannedHwith regard to the safety of vehicles and pedestrians using the site, as well as those on neighboring properties and s' treets. 5) es will be sited' to take'advantage of solar access insofar as practical, E u in entation of proposed buildings with respect to sun angles, the shading and winds cr tentiE nf.existing and proposed vegetation on and off the site, and the impact of solars to adjacent uses and properties. 6) site plan sh ; ."'' effect an awareness of and sensitivity to the views, terrain, soils, p ife and othe ique qualities of the site and shall, to the extent practical, preserve an ge upon se assets for recreation, scenic or conservation purposes. I) Time Limit. si Tan approval shall be void if construction is not started within one (1) year of the da arming Board approval, and completed within two (2) years of the date of such approv FPrior to its expiration, the site plan approval may be renewed by request of the applicant for up to two (2) additional ninety (90) day periods. J) Surety. In order to insure the full and faithful completion of all construction activities related to compliance with all conditions set forth by the Planning Board in its issuance of a Site Plan Approval, the owner/applicant shall provide, prior to construction, a surety, in a form acceptable to the Town Attorney, which shall guarantee the satisfactory completion of the project and names the Town as the beneficiary. The applicant shall file the surety in an amount fixed by the Planning Board in its resolution as sufficient to secure to the Town the satisfactory construction, installation and completion of the required improvements with the Town Board. Such surety shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Board resolution. Page 197 Zoning Law Public Review Draft August 22, 2007 All improvements shall be done to the satisfaction of the Planning Board, in accordance with the approved plans and the requirements of this Chapter and any other Town construction standards and specifications. In addition, the owner/applicant shall name the Town as an additional insured on all workmen's compensation and general liability insurance policies required to perform the work. The Planning Board may, at its discretion, waive the provisions of this section if other circumstances guarantee and secure completion of required improvements. 1) The period specified for the completion of all required improvements, as set forth in the bond or equivalent security, may be extended only by resolution of the Town Board upon receipt of a recommendation from the Planning Board and upon request by the applicant with the written consent of the surety company setting forthjn"'thtail the amount of work which has been completed, reasons for failure to complthe remainder of the work within the specified period, the maximum estimat R required to complete the remainder of the work and the time period extension ich 1uested. 2) If, at any time, either before or during the spurs of cons ion of the required ��, improvements, it is determined by the Tow oarthat unforese conditions make it necessary to modify the location or desi sof any improvements, t� `$oard, with the concurrence of the Planning Board, ma the teems and condition �,he approval so as to require such changes as may be ne to �' ply with the spt" and intent of the Town Board's original approval and to co accepted engineermg practices. If such modification affects the scope of work cover�dy a bond or equivalent security, the Town Board may require or allow appropriate mo , cation of such bond or equivalent security. I) Site Plan Amendments. The PlanniYig d shall reviewalW, amendment to a previously approved site plan by following the rocedi*6 ecified it this section and may grant f, ,. waivers from the information and procedures secied' herein where the Board has determined that th o ed amen not war tit a full site plan review or a public hearing. In adtlfion, endment oz a site plan that was approved as part of an application fo ecial use mit approveshall be reviewed by following the procedures specified in this tion wit ;nut the necessityof following the procedures in §128-69 where the use for whichi „ eci ea ermit was granted has not and will not change as a result of the site plan amen L) Appeals. Any pexson ag , „k ed by any decision of the Planning Board may apply to the Supreme Court for eview p t to §274-a of the Town Law. Inspections. The Tb" Engine_ , s all be responsible for inspecting required improvements during construction to' ensure their satisfactory completion and, upon such completion, shall furnish. the Planning Board with a statement to that effect. The applicant shall pay to the Town the costs of said i spection, to defray the costs of the inspection. If the Town Engineer �-�: determines flat any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for correcting and properly completing said improvements. Failure of the Town Engineer to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements. 1) Enforcement of approved site plans. The applicant, the landowner, and the contractor are all responsible for the successful implementation and completion of an approved site plan, including, but not limited to: 1) Installation and maintenance of erosion control measures and/or a SWPPP as depicted on the approved plan; and 2) Protection and preservation of non -disturbance areas, whether temporary or permanent, as depicted on the approved plan; and Page 198 Zoning Law Public Review Draft August 22, 2007 3) Reclamation of disturbed areas as depicted on the approved plan; and 4) Installation and completion of site improvements in the location(s) and in the manner as depicted on the approved site plan unless approved as a "field change" amendment by the Town Engineer, the Director of the Planning Department, or Planning Board as the case may be; and 5) Implementation and completion of environmental mitigation measures as required under any Negative Declaration or Findings Statement adopted for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA), whether such mitigation measures are depicted on the approved site plan or not; and , 6) Implementation and completion of any other permits and approvals issued by any other agency. ry 0) Responsible parties. The applicant, the landowner, severally liable for all costs incurred, including en, from noncompliance with the approved site ph commencement of any work related to the approved: by the applicant and the landowner for the Director designee(s), or other authorized Town officials,, to inspection for compliance with the approved site" plan been applied for or issued for the project. Thi commencement of work related to the approved plan authorized Town official(s) enteririg the property for P) Nuisance. Any deviation from the gyp' change" amendment, shall be deemed i:_: stop work, and/or injunction, and/or "d Department and/or h esignee(s), or of and/or in any oth rovided by the entire cons ction an to work/di the Director d ermines tha ' v of the i )lan shall consti of the Planning shall be jointly and ;ion costs, resulting the site plan and ,express permission „ . Aftment and/or her property for tlg=,purUoses of or not any lits have roval of the site`' plan and the express waiver of any objection to rpose of conducting an inspection. l site plan, u`" ss, prior approved as a "field nce and mabe restrained by an order to t irector of the Town Planning ithoriz n officials, to abate the condition, The Direc or may issue a "stop -work" order for ince project, or any specified portion thereof, if ng conditions exist: 1) The erosion conte measures and/or a SW., -PPP as depicted on the approved plan are not, or have not, been �m'rip' 6,1 p are not being properly maintained; and be e . 2) Wbn-disturbance andcted buffer areas as depicted on the approved plan are not, or have not, beenaequate otected and preserved; and ,disturbed areal ` not, or, ave not, been reclaimed as depicted on the approved plan; 4) Sit&-;nnprovement are not, or have not, been installed in the location(s) and in the manne s depict on the approved site plan and no approval fora "field change" v NOW amendmet has_ gen issued; and 5) Environmental mitigation measures required for the project pursuant to Article 8 of the EnvironmexYtal Quality Review Act (SEQRA) are not, or have not, been implemented; and 6) Other required permits and approvals from any other agency have not been issued or obtained by the applicant, the landowner, or the contractor. Q) Notice of violation. For purposes of this section, a stop work order is validly posted by posting a copy of the order on the site of the construction or site work/disturbance activity in reasonable proximity to said construction or site work/disturbance, and in a location where the posted order is visible. Additionally, a copy of the order, in the case of work for which a permit has been issued, shall be mailed by first class mail, certified return receipt, and one copy of the order shall be mailed by regular first class mail, to the address listed by the Page 199 Zoning Law Public Review Draft August 22, 2007 applicant and to the landowner as the case may be. In the case of work for which no permit has been issued, a copy of the order shall be mailed by first class mail, certified return receipt, and one copy of the order shall be mailed by regular first class mail, to the person listed as owner of the property according to the latest roll maintained by the Town Assessor's Office. If the applicant and/or the landowner does not immediately cease the activity and comply with the provisions of this Chapter within one (1) day of the date of the order, the Director may request that the Town Attorney seek injunctive relief. In addition, the Directory may revoke all or any portion of any other permits issued in accordance with the Town Code, including building permits, affecting the property. Upon a showing of compliance with the terms of this Chapter and proper implementation of the approved site plan, the Director may reinstate any other permit(s) that may haeen revoked. R) As -built plans. At the completion of construction, and pri s o issuance of a Certificate of Occupancy, the owner/applicant shall provide to the Pia Board and the Building Inspector a certification prepared by a professional en weer Irceed by the State of New York that all site work has been carried out and comped in AM' antial compliance with 'gethe approved Site Plan for the project. Additip�te apphcalrall provide to the Planning Board and the Building Inspecto an "as built" survey the completed development. 00 Fz S) Site maintenance. The premises for which a*M"i,p ha Teen approved shall, at all times, be maintained in accordance with the approved s a JF Faure to keep the premises in a condition that is consistent with the approved site,"'?., may result in a revocation of the Certificate of Occupancy for th€ premises. Develop t projects may periodically be inspected for conformance to tHip'J` roved site pla including maintenance of the landscaping and plantings require a�: ,o the site pl pproval. If there is non conformance to the approved site plan r any of the conchtio of site plan approval are not fulfilled, no Certificate of Occupancy shall be issued Where development project reverts to non-conformance with the approved site,�lag after issuance of the Certificate of Occupancy or Certificate of ,Comp e ton, the non-conformance s fall be deemed a violation of this Chapter. § 210-152. Planning site plain approval. A Site."g`. De�agn Standards The "followinstandards are intended to provide a framework fox,deve op�n �� thin which the site designer is free to exercise creativity, invention, and ovation wjd mzinghe general historic, scenic and visual qualities inherent to the 1 n of Poughkee' with a particular emphasis on compatibility with the surrounding neborhood. Thes " ndarde,together with the Design Standards for the district in which the p� arty is locate hall be considered by the Planning Board during the review of any apphca requiring plan approval under this Chapter. The Planning Board is hereby authonzee use its retion to determine whether one or more of these standards apply to a particular' ilea," n. The Planning Board is also authorized to use its discretion as to the applicability olse guidelines to re -development projects involving the conversion or the rehabilitation e' existing structures and previously disturbed land areas. The specific application of "these standards, the district Design Standards, or any other standard established by this Chapter to an application pending before the Planning Board shall be determined solely by the Planning Board. The Zoning Board of Appeals shall have no appeal or interpretative review authority regarding these standards or the application of these standards to a particular property or development project by the Planning Board. In the event of a conflict between any of the standards of this section and the requirements or the standards of another section of this Chapter, the more restrictive of the conflicting standard, provision or regulation shall apply unless otherwise waived or modified by the Planning Board. 1) Relationship of Structures and Buildings to Site Page 200 Zoning Law Public Review Draft August 22, 2007 2) a) In the site plan design, consideration shall be given to the use of existing building forms and layouts which are evidence of the distinctive historic development of the area and, in particular, of any specially designated or recognized scenic and historic districts within the vicinity of the proposed development. The importance of local historic, architectural, environmental and other features of significance to the property and of nearby properties, should be recognized as an integral element in the review process. b) The site shall be planned to accomplish a desirable transition with the streetscape to provide for adequate planting, safety and economy of pedestrian movement, and safe ingress and egress and parking for vehicles. c) Site planning in which setbacks and yards are in excess of the minimum area and bulk requirements is encouraged to provide a vast on in relationship between buildings. d) Parking shall, unless determined by the Plan n' Board 6 infeasible, be located to the rear or sides of buildings so as riot : interfere wr the front landscape treatment. e) Without restricting the permissible xhmx s, of the applicable zoning x ' " "the height and scale of each building shall �e compatible its site and t i- existing, or anticipated, adjoining buildings. The Plan °oar should determine the visual compatibility of a proposed use or site ply T Xchange including concerns for the proportion of the front fdVade, proportion an' r arrangement of windows and other openings within the fagade (i fenestration), roof e, and the rhythm and spacing of structures along the street frt}�a roadway incconsideration of setbacks and the treatment of yards f) The Planning Board should encotzraghe us mbination of common materials, landscanine, mere, screens and vasual lnterr ' ons to create attractive transitions g) New�y'`Q*Q'allled anteenovated utili services, and service revisions necessitated by exterior a`� ations,'ft all be underground unless otherwise allowed by the Planning Board. M" �F R of Non-idential Uses to Residential Districts a) Site plans imposed on -residential uses adjacent to a residential district shall be reviewed with regar a impact of the development on that district. The Planning Boa as hereby expressly authorized to require such additional front, side =;and rear yard tbacks as may be required to ensure that the non-residential use oes not interl' e with the quiet enjoyment of neighboring residential property locatedwithin " residential district. e, b) g areas, and loading areas associated with non-residential uses, shall be required to meet the following setbacks: (i) If the property proposed for development is located in a Center, a Hamlet, a Business, or a Commercial district, and is one (1) acre or less in size, and adjoins property located in a residential district, all site improvements shall be set back not less than fifty (50) feet from the adjacent residential lot line. (ii) If the property proposed for development is located in a Center, a Hamlet, a Business, or a Commercial district, and is greater than one (1) acre but not more than two (2) acres in size, and adjoins property located in a residential district, all site improvements shall be set back not less than sixty-five (65) feet from the adjacent residential lot line. (iii) If the property proposed for development is located in a Center, a Hamlet, a Page 201 Zoning Law Public Review Draft August 22, 2007 Business, or a Commercial district, and is greater than two (2) acres in size, and adjoins property located in a residential district, all site improvements shall be set back not less than one hundred (100) feet from the adjacent residential lot line. (iv) The Planning Board is authorized to use its discretion to establish alternate landscape buffer setbacks by up to fifty (50%) percent for adaptive reuse and re -development projects involving the conversion or the rehabilitation of existing structures, or where site conditions (i.e. steep slopes) already provide a sufficient buffer. c) The setbacks are intended to provide a visual and and non-residential uses and shall landscaped to a (25) feet in a location as approved by the Planni planted with a mixture of evergreen and deciduou8" so as to provide, as much as practicable, a visu improvements from residential uses. The sp66ies'ty of loca such landscaping shall be subject to the approval of the ] area shall be permanently preserved by recorded deed ir. by the Town Attorney, and which shall provide for qN M%, restriction. ,. 3) Landscape, Buffering and Site Treatment er between residential t less than twenty-five The setback shall be or fencing, at a height of the non-residential %°and planted height of ng Board. The setback ent u.a form approved Town enfoteement of said a) Where practicable, nat a" or existing topographic features and patterns that contribute to the beauty arid':; cter of a site or neighborhood should be preserved. b) Grades of walks, parking sp s, 0 and other paved areas should provide an inviting appearance and sho be' -width, as'determined by the Planning Board, to easily accommodate p . estTsn move ' c) Landscape tre '`= m t shall be pro ed to enhance architectural features, strengthen vistas an visual cfldors and pro a shade. d) Unity` il''��:ign shale achieved bbe .rtition of certain plant varieties and other materials and by co " tion with adjacent developments. e) ,Plant materiaa')i 1 be se interest in its structure, texture and color and in consideration of if�giltimate growth pattern. Vegetation indigenous to the area and others th94,* ill be Harmonious to the design and exhibit a good appearance should be 1*01 used. In locations where plans will be susceptible to injury by pedestrian or motor traffic, appropriate cu , tree guards, or other devices, shall be installed and maintained. Tie ,Planning Biard may require the use of markers to delineate curbing and other sensitive feat va es to alert snowplow operators of the existence of such features and Parkin f areas and traffic was shall be enhanced with landscaped islands, g) �� ,. Y P containing trees and tree groupings. The interior (i.e. non -perimeter) areas of a proposed parking area shall be appropriately landscaped, and such landscaping shall comprise not less than ten (10%) percent of the land area of the proposed parking facility. h) Screening of service yards, commercial vehicles, commercial trailers, passenger vehicles, parking areas, refuse containers, and other places that tend to be unsightly, shall be accomplished by use of walls, fencing, planting, or combinations of these with all such enclosures being compatible in material, texture, and color with the principal building or buildings on the site. i) Landscaping shall be designed and maintained so as not to create hazardous Page 202 Zoning Law Public Review Draft August 22, 2007 conditions. j) Landscaping shall be maintained to preserve its original integrity and intended purpose during the life of the proposed use or project. All approvals granted under this section are expressly conditioned on the maintenance of the approved landscaping during the life of the proposed use or project. k) The Board may, at its discretion, consult with one (1) or more persons or firms having experience in landscape architecture and landscape planting as to the appropriate design of lawns and open spaces around proposed buildings and uses, and the appropriate species, size and number of plants to be installed. The reasonable cost of any landscaping review shall be borne by the applicant. "; 4) Building Design a) Proposed building design shall recognize compaba-,' forms indigenous to the Ell F? community and the neighborhood in which tIM) ojec located. In particular, building design should consider the exirk and h stOi c" character of the "y surrounding neighborhood. Adaptive ,=use sof existing stqt,i.c ures is strongly g y encouraged. a, . .3{ b) All freestanding and wall mounted igns shall be ffitegrated into the ng design, and the Planning Board shall conduct a rozew o proposed signage poncurrent with the architectural review. c) Building components such as windows, rooflindoors, eaves, and parapets should have well designed proportlonS and relationship one another and be compatible with the existing and histori elaracter of the surrding neighborhood. Except i 1 161 when wholly impractical, natural materials _should be ed. d) Mechanical equipment such as" air conditYtiiiers,Y satellite dishes, or other utility hardware located on roofs, theground, or buildings shall be screened from public view with,xnaterials;harmonious with the building, specified as to color so as to blend A,;.. with their surroundings, or located so as not to be visible from residential property, or any 'tiublic.land. 5) Parking and all not be located within a front, side or rear yard setback. b) The Pla Board shall determine the dimensional requirements for access and internal ays for the particular use proposed, and may require larger dimensions ite driveways and access roads than the minimum dimensions for to driveways d access roads stated elsewhere in this Chapter or the Town Code. eways for n -residential uses shall, as much as practicable, be located so that t ge align with a street or driveway opposite the proposed use. c) Not aaxig the requirements for off-street loading spaces as specified in this Chapte a Planning Board may require additional space(s) for delivery vehicle loadin may require larger dimensions for each loading space, may require additional setback from adjacent buildings and structures, and may require larger dimensions and means of access for vehicles to such loading spaces than may be stated elsewhere in this Chapter. d) The design of each parking area and access driveway shall provide adequate room for snow storage. 6) Material and Equipment Storage and Waste Containers. a) Areas for the storage of materials and equipment shall be depicted on the approved site plan. The Planning Board shall approve the location and design of outdoor areas for the display of goods for sale. Page 203 Zoning Law Public Review Draft August 22, 2007 b) Adequate facilities for disposal of refuse shall be provided. All refuse disposal units, or locations for deposit of refuse, should be screened from view and designed so as to be fireproof and/or fire retardant, and to prevent access by rodents, dogs, cats, and vermin. All such enclosures should remain closed at all times, and shall be designed to prevent blowing of paper and refuse. 7) Drainage. a) The proposed development shall be so designed as to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns and protects other properties and the environment. The storm water management design shall include controls for quantity and water quality as required under the Phase II Storm water am�irl accordance with the latest State Pollutant Discharge Elimination Sys ermit. All drainage plans shall be reviewed and approved by the Town En er.' 8) Traffic. a) All entrance and exit driveways shall flow, so as to afford maximum safety current design standards of the appral specifically waived or modified by", thi located within seventy-five (75) feet directly opposite that intersection. b) On-site circulation shall @signed adjoining properties where to c) Drive-in and drive-thru fac' ' 'es vehicles within the queue. No e any two strut or objects so ai for emereencveces . bpi located with due 66Mderation for traffic & traffic on public streets d shall meet all Hate Statei County or Towne ty unless t authorit�d No entrance or "t should be )f' t-s-treet intersection, except if aligned t for ease'o�f pe and to connect safely with designed to" allow emergency access to facility shall be located between hso, ie queue are not easily accessible 9) Pedestria t Niculation$ edestrian cir, lation should be separated from motor vehicle circulation. ' ,propriat alkways show" provided on the site and its approaches as determined by t - la ard. 10) Architeciural Revie x n ah i�e� requirements of this section and §210-53 of this ,p Chapter, durg re vie of any site plan the Planning Board may, at its discretion, n consult with=ane _ 1) or m ersons or firms having experience in building architecture and design m ers as a appropriate design of building exterior facades, fenestrations, rooflines, li ting, massing, color and materials. In reviewing the architectural appearance of proposed buildings and landscaping the Planning Board should evaluate ther�ompatibility of the proposed development with that found elsewhere in the" Town They architectural review authority of the Planning Board shall not be limited by the provisions of this section but shall extend to the full authority to conduct such reviews as'may be conferred on the reviewing agency by the Town Law, the State Environmental Quality Review Act, and this Chapter, as amended. The reasonable cost of any architectural consultation and review shall be borne by the applicant pursuant to the provisions of this Chapter. B) In preparing its decisions concerning any site plan application, the Planning Board shall consider the nature, arrangement and appearance of all buildings and uses of the lot, including their potential impact on adjacent properties, architectural features and land uses, so that: 1) They will have a harmonious relationship with the existing and planned development of contiguous lands and adjacent neighborhoods. 2) They will have no material adverse effect upon the desirability of such neighborhoods for Page 204 Zoning Law Public Review Draft August 22, 2007 the uses contemplated by this chapter. 3) They will be properly related to the proposals of the Town development plan. 4) Pedestrian and vehicular access, traffic circulation and the general layout of the site will be properly planned with regard to the safety of cars and pedestrians using the site, as well as those on neighboring properties and streets. 5) In areas of heavy traffic congestion or on major arterials, the potential for congestion will be reduced through the use of alternative access designs, such as common driveways, feeder roads and interconnected parking facilities. 6) They will be sited and located to take advantage of solar.access insofar as feasible, including the orientation of proposed buildings with respect"to sun angles, the shading and windscreen potential of existing and proposed veget'tian both on and off the site and the impact on solar access to adjacent uses and properties 7) Where properties abut the Hudson River or may, be access shall be ensured, whenever feasible, and"e A views are preserved for public enjoyment where publi 8) The purpose and intent of this chapter will otherwise values will be conserved, the most appropriate use of health, safety and general welfare of the community I C) In acting to approve, whether with or without moditic Planning Board shall attach such cohditions and safeguE that the purpose and intent of these reg�s will be a tsed to provide access to it, public E"icant aesthetic; qualities or scenic access is not available. met, to the end that the property gland will be encouraged and the a site plan application, the it deems necessary to assure D) The Planning Board may, on its own initiatry nose a general or specific site plan for a particular area where a site plan approval ma� uir@din the future, using as a guide the requirements of s chapter. Suc general R s shall be used as a guide in developing and revewln site specific plans E) In requiring th gi -aside r. 'and for recreation or the payment of a fee in -lieu of recreation %land the Pla moard s all adhere to tli6� quirements of §274 a, Subdivision 6 of the Town Law, and 93 of Chapter whicWprovide for the reservation of parkland on site plans containing resi tia un1t�, Al,' ARTICLE XIV AMENDMENTS § 210-153. A) The Town ; " oard -m°ay from time to time, on its own motion, on petition or on recommendat' the Planning Board, amend, supplement or repeal the regulations and provisions of thi hapter in the manner provided by Town Law. B) SEQR.A. The Town Board shall be considered to be the lead agency in any action initiated under these procedures. C) The Town Board, by resolution adopted at a regular or special meeting, shall fix the time and place of a public hearing on the proposed amendment and cause ten (10) days public notice thereof to be given stating the purport of the proposed amendment. D) Decision. An amendment that has been approved by the Planning Board shall be adopted by a simple majority of the Town Board. No amendment of this Chapter that has not been approved by the Planning Board shall be adopted except by a super -majority vote (majority plus one (1) of the full Town Board membership. Page 205 Zoning Law Public Review Draft August 22, 2007 E) Whenever the majority of the taxpayers in any district shall present to the Town Board a petition duly signed and acknowledged requesting an amendment, "supplement, change, modification or repeal of the regulations prescribed for such district or of the Zoning Map including such district, it shall be the duty of the Town Board to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed above. F) All petitions for any amendment of the regulations or districts herein established shall be filed in writing in a form required by the Town Board and shall be accompanied by a fee to help defray the cost of advertising the hearing on said petition and incidental disbursements. § 210-154. Advisory report by Planning Board. A) Every proposed amendment, unless initiated by the Planm oard, shall be referred to the Planning Board. The Planning Board shall report its recoilations thereon to the Town Board, accompanied by a full statement of the reason, ' +fir su ommendations, prior to the public hearing. If the Planning Board fails to re "ortithin a pfd of 45 days from the date of receipt of notice, the Town Board may act t t such report the Planning Board disapproves the proposed amendment or recommends modification therthe Town Board shall not act contrary to such disapproval atniontrary commendation except by ;thy adoption of a resolution fully setting forth the reason forls�ib a6ttion. B) In recommending the adoption of any such propos ; ; rn menet, the Planning Board shall: 1) State its reasons for such recommendation, desk "ang any condition that it believes makes the amendment advisable 2) Specifically set forth the mannef,w�uch, in its opinion. 777,7 a) The amendment would be in haimony v i th Town an; and b) The amendment would be in furtherance of thePurposes set forth in Article 1 of this Chapter, " �" "" 3) In recommending the �re)ection or revision of any proposed amendment, the Planning Board shalt similarly state its reasons. C) Nothing herein shall%q.c©ns� to prevexxi the Town Board from acting on a proposed amendra" or to 'receipt of "the manning Board's recommendation as specified in s,, paragraph s subsection provided, however, that the proposed amendment shall be ,adopted by a sua)ority'voe(majority plus one (1)) of the full Town Board membership. § 210-155.1 tether referrals A) The 7`© vn Clei shall (rward one (1) copy of the proposed amendment to each of the 1) Dutchess *'.61' 'Department of Planning together with a full statement of the proposed action, as d ed in § 239 of the General Municipal Law. 2) Municipalities. Each of the municipalities adjoining the Town of Poughkeepsie. § 210-156. Public notice and hearing. A) The Town Board, by resolution, shall fix the time and place of the public hearing and cause notice to be given as follows: by publishing a notice of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Town not less than 10 days prior to the date of public hearing; and by giving written notice of hearing to any required municipal, county, regional, metropolitan, state or federal agency in the manner prescribed by law. Page 206 Zoning Law Public Review Draft August 22, 2007 B) The applicant shall provide evidence that the applicant has notified adjacent property owners of the nature of the proposed zoning change. C) For parcels that are changed from one zone to another, the applicant shall provide evidence that the parcels affected by the proposed rezoning have been conspicuously posted with a sign for at least 10 days prior to the date of the public hearing. That sign will be provided to the applicant by the municipality for a fee; a sign permit is not required. Within 10 days of the closing of the public hearing, the sign shall be removed. § 210-157. Publication and posting. A) Every amendment to this chapter, including any map incorporded therein, adopted in accordance with the Town Law shall be entered in the minutes of the Town Board stating the effective date of the amendment, and a copy, summary or 4bs�6ct thereof, exclusive of any map incorporated therein, shall be published once in th "offieiA1ewspaper of the Town of Poughkeepsie,and a co `` copy, summary or abstract of such amendmeri', ,together with a copy of any map incorporated therein, shall be posted on a,sigh b and maintained, by the Town Clerk pursuant to Town Law. Affidavits of the publication shall be filed with the Town Clerk. ARTICLE XV MISCELLANEOUS PROVISIONS § 210-158. Conflicting standards; A) Where this chapter requires a greate 11 height of building or a fewer number o unoccupied or othe imposes grea bylaw, ordinance, tion, the 1 provisions of a other s d e, bylaw, size of yards43,fir open spaces or a or a greater per restrictions than area to be to o "siz of yards or other open spaces or a lower ies or eate�,: percentage of lot area to be left . riction fihan required by any other statute, ions of this chapter shall govern. Where the lance or regulation requires a greater width or height of building or a fewer number of stories let`'unoccupied or otherwise imposes greater apter, the provisions of such statute, bylaw, the provisions of this chapter provide conflicting the provisions which imposes the greater restriction shall § 210-159:T :Greenway Connectiong A) By Loc -Law No. 14 2000 of the Year 2000 the Town of Poughkeepsie has adopted "Greenw6VConnections Greenway Compact Program and Guides for Dutchess County CommunitiW�, a amended from time to time, as a statement of land use policies, principals, and guides titi'y supplement other established land use policies of the Town. In its consideration of any discretionary action(s) under this Chapter, all agencies and departments of the Town should take into account said statement of polices, principles and guides, as appropriate. Adoption of the Greenway Connections is not intended, and shall not be construed, so as: 1) To limit the Town's home rule authority pursuant to the Municipal Home Rule Law; or 2) To authorize any other local, county, or state agency or department to supersede the Town authority under this Chapter, Chapter 210 or any other chapter of the Town of Poughkeepsie Town code; or 3) To prevent the Town in its sole discretion from adopting a local law at a later date for the purpose of withdrawing, in whole or in part, from the Greenway Compact or Greenway Page 207 Zoning Law Public Review Draft August 22, 2007 Connections. § 210-160. Exemptions. A) Site Plan. A site plan approval shall be exempt from the requirements of this Chapter, as amended, if, as of the effective date of this Chapter, the Planning Board has adopted a resolution granting site plan approval or conditional site plan approval and said approval has not expired. B) Special use permit. A special use permit approval shall be exempt from the requirements of this Chapter, as amended, if, as of the effective date of this Chapter, the Zoning Board of Appeals has adopted a resolution granting special use permit approval or conditional special use permit approval and said approval has not expired. C) Subdivision. An application for subdivision approval s] of this Chapter and Chapter 177, as amended, if as of Planning Board has approved a resolution granting ",F preliminary subdivision approval or final subdivis approval for major subdivisions, and final sbdivi: approval for minor subdivisions, and said prelimina conditional final approval has not expired. 0 - vz y y be exempt from the requirements effective Aiate of this Chapter, the ninary s,6division or conditional or condition nl final subdivision or conditional=final subdivision onditional preliminary, final, or D) For the purpose of this section only, and to the extent th t this section is inconsistent with Town Law §§ 265-a, 274-a, 276, 2 7 or any other provtsaor- of Article 16 of the Town Law, the provisions of this chapter are exp r intended to and cioiereby supersede any such E inconsistent provisions. ARTICLE XVI FEES § 210-161. Fee A) A fee structure is ac , Fees, and all amendments thereto. § 210-162.6f Consultant ,fees. N'' A) Where the Town Boal' Pard or the Zoning Board of Appeals uses the services of private engineers, attorneconsultants for purposes of engineering, scientific land use penning, environmental or legal reviews of the adequacy or substantive details of applications, or issues sed during the course of review of such applications, for special use permit approvals, si plan approvals, subdivision approvals, use or area variances, applications for rezoning of parcels to accommodate site specific land development proposals or otherwise, aippLteations for permits to extract topsoil or natural resources, or for any other or ancillary Iand,.use or development permits or approvals required under the Town Code, as well as to assist in assuring or enforcing an applicant's compliance with the terms and conditions of all the aforementioned administrative and legislative permits or approvals, the applicant and landowner, if different, shall be jointly and severally responsible for payment of all the reasonable and necessary costs of such services. In no event shall that responsibility be greater than the actual cost to the Town of such engineering, legal or other consulting services. B) The Town Board, Planning Board, or Zoning Board of Appeals, through or with the assistance of Town planning staff, may require advance periodic monetary deposits, to he held on account of the applicant or landowner, by the Town of Poughkeepsie to secure the reimbursement of the Town's consultant expenses. When an initial deposit is required upon Page 208 Zoning Law Public Review Draft August 22, 2007 the filing of the application, that deposit shall not exceed 50% of the average cost of such services for applications of similar type, size and complexity based upon the Town's experience over the preceding period of three years. The Town may make payments from the deposited funds for engineering, legal or consulting services, after audit and approval by the Comptroller of itemized vouchers for such services. The Town shall supply copies of such vouchers to the applicant and/or landowner, appropriately redacted where necessary to shield legally privileged communications between Town officers or employees and the Town's consultants. When it appears that there may be insufficient funds in the account established for the applicant or landowner by the Town to pay current or anticipated vouchers, the Town shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses. C) The Comptroller shall review and audit all vouchers and sh 111 pprove payment only of such engineering, legal and consulting expenses as are reasca amount and necessarily incurred by the Town in connection with the review , con Oration of applications for land use or development approvals, or for themonito ing, inspn or enforcement of permits or approvals or the conditions attached tb For the pur09a;; of this review and audit, a fee shall be reasonable in amount if it Bess a reasonable relate i to the average charge by engineers, attorneys or other consultants to the Town for serer ormed in connection with similar applications ands in regar( ' .ahe Comptroller y take into consideration the complexity, both legal and physical o ,project propose,,,, including the size, type, and number of buildings to be constru a amount of time to complete the project, the topography of the land on which such pr is located, soil conditions, surface water, drainage conditions, the nature and extent of hig " , drainage facilities, utilities or parks to be constructed and special conditions or considera .:,are relevant A fee or part thereof is necessarily incurred if it was cIarged..by the engine s'ttorney, or consultant for a service which was rendered in order to protect `or promote t] health, safety, or other vital interests of the residents of the Town, protect" public ,r;,private property from damage from uncontrolled surface water "runoff and othe environmental factors, assure the proper and timely construction"ofhigh ways, drainage facilities, 'utilities and parks, protect the legal interests of the Town including receipt by the Town of good and proper title to dedicated highways and"other ;facilitie' the correction<of defects arising during any post dedication maintenance period nasd the avoidance of claims and liability and such other interests as the Town m" em relevant, D) T ner subject °real property, if different from the applicant, shall be jointly and erally resp o to reimburse, the Town of Poughkeepsie for funds expended to ensate for se s rendered' to the Town under this section by private engineers, a ys or other ecsultants 'Tn order for a land use application to be complete, the app shall provi a written consent of all owners of the subject real property, both autho the applic to file and pursue land development proposals and acknowledging potentia�< owner ponsibility, under this section, for engineering, legal and other consulting "I c d by the Town. In the event of failure to reimburse the Town for such fees, the fo110 all apply: 1) The Town xray seek recovery of unreimbursed engineering, legal and consulting fees by action venued in a court of appropriate jurisdiction, and the defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the Town in prosecuting such action. 2) Alternatively, and at the sole discretion of the Town, a default in reimbursement of such engineering, legal and consulting fees expended by the Town shall be remedied by charging such sums against the meal property which is the subject of the land development application, by adding that charge to, and making it a part of the next annual real property tax assessment roll of the Town. Such charges shall be levied and collected at the same time and in the same manner as Town -assessed taxes and shall be applied in reimbursing the fund from which the costs were defrayed for the engineering, Page 209 Zoning Law Public Review Draft August 22, 2007 legal and consulting fees. Prior to charging such assessments, the owners of the real property shall be provided written notice to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard and object before the Town Board to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing. Page 210 Zoning Law Public Review Draft August 22, 2007 • Ll LAND SUBD Town of Poug New York Land Subdivision Law Public Review Draft August 22, 2007 Chapter 177 — SUBDIVISIONS Table of Contents Section Title Page ARTICLE I General Provisions § 177-1 Legislative authority; intent, purpose 4 § 177-2 Greenway Connections 5 § 177-3. Title 5 § 177-4 Severability 5 § 177-5 Effective date NIN 5 ARTICLE II § 177-32 Definitions and Word Usage 41 § 177-6 Word usage X, 5 § 177-7 Definitions �, 6 ARTICLE III Application and Review Procedures § 177-8 Approval required; compliance with pro7% xis 10 § 177-9 Pre -application review and classification ', 10 § 177-9A Pre -application procedure "' 11 § 177-10 Procedure for minor subdivision plat approval Mry. 11 § 177-11 Procedure for conditional approvo,9fpreliminary t for a major subdivision 16 § 177-12 Procedure for final approval d major subdivision pla 19 § 177-13 Enforcement g �.. 25 26 § 177-14 Cluster subdivisions § 177-15 Maximum dens*'', lculation for a major subdivision 31 § 177-16 Reserved ., 32 ARTICLE IV General Requirements and Design Standards § 177-17 Construal of provisions, waiver-" .; 33 § 177-18 treets 33 § 177-19 Alleys m. 36 § 177 2Q Easements,, 36 § 177-21 ' ";Blocks 36 § 177-22 Lots, 37 § 177-23 Reserved 37 § 177-24 Parks; and playrounds 37 § 177-25 General grading 38 § 177-26 Reserved � 38 § 177-27 Reserved-,- 38 ARTICLE V Documents To Be Submitted § 177-28 Pre -application plans and data; minor and major subdivisions 38 § 177-29 Preliminary layout and accompanying data; major subdivisions 38 § 177-30 Plat and accompanying data; minor and major subdivisions 40 § 177-31 Reserved 40 ARTICLE VI Streets § 177-32 Preparation and submission of highway plan 41 § 177-33 Reserved 43 Page 2 Land Subdivision Law Public Review Draft August 22, 2007 § 177-34 Construction specifications § 177-35 Drainage requirements § 177-36 Bases and subbases § 177-37 Bituminous pavements § 177-38 Incidental construction § 177-39 Reserved ARTICLE VII Waivers § 177-40 Waiver of regulations § 177-41 Attachment of conditions § 177-42 Exemptions § 177-43 Reserved 43 45 47 48 49 51 51 51 51 51 Page 3 Land Subdivision Law Public Review Draft August 22, 2007 ARTICLE I GENERAL PROVISIONS § 177-1. Legislative authority; intent, purpose. A) By the authority of the Town Board of the Town of Poughkeepsie, pursuant to the provisions of Article 16 of the Town Law of the State of New York, the Planning Board of the Town of Poughkeepsie is authorized and empowered to approve plats showing lots, with or without streets or highways, to approve the development of entirely or partially undeveloped plats already filed in the Office of the Dutchess County Clerk and to conditionally approve preliminary plats, within that part of the Town of Poughkeepsie =outside the limits of any incorporated village. B) The Planning Board of the Town of Poughkeepsie is also li 07 authorized and empowered, pursuant to Town Law §276(2), to approve the developmeni 6 ;,Rlats, entirely or partially undeveloped, which were filed in the Office of the Dutchess Gcunty Clerk prior to the a appointment of the Planning Board. The term "undeveloped" shall mean those plats where twenty (20%) percent or more of the lots within the plat are unimproved unless existing conditions, such as poor drainage, have prevented their development ' C) Pursuant to the §10 of the Municipal Home Auule ;Law is local law i F"also intended to supersede and amend inconsistent provisions of 'own Law §276(8) by eliminating the provisions for default approval resulting from the Planning Board's failure to take any action or hold any hearing on a preliminI!%1_'W0n plat within t„statutory time periods. D) The Town of Poughkeepsie has authaning Boar to approve plats showing lots, blocks or sites, with or without st ets o ;, ays, a a complete. or as a partial development of land, and to approve stttcch Plats ' with the Office of the Dutchess County Clerk as prop these regulas. The C of the Town of Poughkeepsie shall immediately file a certifica 'f that fact wh the Office of the Dutchess County Clerk. E) It is declared to he polic 9uf the Town Board to consider land subdivisions as part of the orderly and desira " leve went of lan These regulations provide procedures and ., standards for, -the Pl l its 'eview of subdivision plats. The intent of these regulations 1s 'to encoura the most appropriate and best development of land in order to protest and pro 14e gene,,m health, safety and welfare, which is intended to include the assure that land., o be subdivided will produce building sites of such character and area `hat will perms their development for homes or buildings without danger to health or peril +gym fire, f qi4 or other menace 2) To facilitate the, adequate and efficient provision of community facilities, services and utilities and require the most desirable and appropriate systems for drainage, water supply, sewage disposal and other needed improvements, including any appropriate parks and playgrounds. 3) To promote the safe and convenient circulation of vehicles and pedestrians, and to promote the efficient design, location and construction of roads, streets, sidewalks, pathways, and driveways so as to accommodate current and future needs. 4) To minimize the destruction of the natural character of the land and promote the conservation of all elements of topography and vegetation which contribute to the natural beauty of the land. 5) To provide, through all subdivision planning and development, for the privacy of family residents while enhancing the general appearance of the community Page 4 Land Subdivision Law Public Review Draft August 22, 2007 IF) This Chapter may be amended by the Town Board after due notice and public hearing. § 177-2. Greenway Connections. A) By Local Law No. 14-2000 of the Year 2000 the Town of Poughkeepsie has adopted "Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities", as amended from time to time, as a statement of land use policies, principals, and guides to supplement other established land use policies of the Town. In its consideration of any discretionary action(s) under this Chapter, the Planning Board should take into account said statement of polices, principles and guides, as appropriate. Adoption of the Greenway Connections is not intended, and shall not be construed, so as: 1) To limit the Town's home rule authority pursuant to the nicigal Home Rule Law; or 2) To authorize any other local, county, or state agen epartment to supersede the Town authority under this Chapter, Chapter 210 any r chapter of the Town of Poughkeepsie Town code; or 3) To prevent the Town in its sole discretion fr,_ _ adopting a local l '"' •t a later date for the purpose of withdrawing, in whole or in , from the Greenway act.. or Greenway Connections. § 177-3. Title. A) This chapter shall be known and + ' cited as the " ` Subdivision Law of the Town of Poughkeepsie, Dutchess County, Ne " : § 177-4. Severability. A) If any clause, sentence'par al:,)raph, sectioor part of ,this Chapter shall be adjudged by any court of competent jurisdiction to be imigid, such judgment shall not affect, impair or invalidate the ieini ander thereof, but shat be confined in its operation to the clause, sentence, paragraph, S"ection err part thereof c irectly involved in the controversy in which such judgment ,shall have "been ren ared pr: s determined by such judgment. § 177-5. A) ' filing with the Secretary of State. ARTICLE II DEFINITIONS AND WORD USAGE § 177-6. Word usage. A) Except where specifically defined herein, all words in this local law shall carry their customary meanings. Words used in the present tense shall include the future. Words used in the singular shall include the plural, and words used in the plural shall include the singular, unless context clearly indicates otherwise. B) The word "shall" is always mandatory. The word "may" is permissive. The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for." Page 5 Land Subdivision Law Public Review Draft August 22, 2007 § 177-7. Definitions. A) The definitions as set forth in §210-9, "Zoning" are hereby incorporated by reference. In the event of a conflict between the meaning of a word or phrase as set forth in this Chapter and Chapter 210 the meaning as set forth in this Chapter shall apply. B) As used in this Chapter, the following terms shall have the meanings indicated: APPLICANT, SUBDIVIDER -- Any person, firm, corporation, partnership, association or other entity who shall lay out any subdivision or resubdivision, or part thereof, either on behalf of himself or for another or others. ATTORNEY or TOWN ATTORNEY -- The Attorney of the Town of BOARD -- The Planning Board of the Town of Poughkeepsie. BUILDABLE AREA — The space remaining on a lot afte requirements of this Chapter have been met, or that area>t�f minimum yard, area and bulk requirements has been granted BUILDABLE LOT — A lot having a buildable area capable of accessory improvements, and including, where required, an c treatment system that meet the standards of the Dutche buildable lot shall also adjoin and have access to an improve to a paper street that will be improved as t�of the developr. BUILDABLE YIELD — The number of potex�66 proposed subdivision after deduction of con , parent parcel and the minimum yard, area ari met. BUILDING CODE -- TheoAcia ` : York Sti adopted by the Town Bp ; ftr toget ;;with any BUILDING INSPECTOR - code.. BUILDING Building I41, CER or his ie minunin yard, area and bulk ;..lot for w"a variance from said the Zoning ©ard of Appeals. odating pi6p, eo'principal and ater supply facility and sewage ty Department of Health. A or shall adjoin and have access i for the lot. lots orae,., maximum unit density for a areas and' public improvements on the exits for each proposed lot have been Uniform Fire Prevention and Building Code as J all amendments thereto. the Town Board to administer the building for a building permit or use permit obtainable from the OCCUP -- A p4 it to occupy and use a building. CLUSTER SU „ SION EQ4esidential subdivision pursuant to Town Law §278 where the dwelling units tha " uld resuln a given parcel under a conventional subdivision plan are allowed to be concentrated o -,>sma V and more compact portion of land, and where a majority of the remaining land is left tural open space condition in perpetuity. Cluster development results in a flexibility of design development to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands. CONCEPTUAL SUBDIVISION PLAN -- A conceptual sketch made on a topographic survey map, showing the proposed subdivision in relation to existing conditions and with reference to the minimum lot and area requirements of the zoning district in which the property is located. CONCEPTUAL SUBDIVISION PLAN REVIEW -- The review of a conceptual layout of a proposed subdivision by the Planning Board. The review is limited to ensuring that the proposed subdivision meets the minimum lot and area requirements as set forth in the Chapter 210, subject to approval of the plat in preliminary and/or final form in accordance with the provisions of this Chapter. Page 6 Land Subdivision Law Public Review Draft August 22, 2007 CONDITIONAL APPROVAL -- Approval by the Planning Board of a preliminary or a final plat subject to such conditions as may be set forth by the Planning Board in a resolution conditionally approving such plat. Such conditional approval does not qualify a final plat for recording nor authorize issuance of any building permits prior to the signing of the plat by a duly authorized officer of the Planning Board and recording of the plat in the office of the County Clerk or Registrar as herein provided. CURB -- A low barrier usually along the pavement line of a street, road or highway, controlling surface drainage and separating vehicular areas from pedestrian and/or landscaping areas. DIRECTOR OF PLANNING, TOWN PLANNER -- The duly appointed head of the Town of Poughkeepsie Planning Department. ,, EASEMENT -- A recorded acquired right of use on the property of ENGINEER or TOWN ENGINEER -- The duly designated engine the Superintendent of Highways, or the consultant or engine'& Planning Board. ".. FINAL PLAT -- A drawing prepared by a New York State Surveyor (with appropriate certification), in a manner I proposed subdivision and containing, in such add%,",a. regulations, all information required to appear on a prey required by the Planning Board at the time of approval subdivision if such preliminary plat hasen so approved recorded by the Owner in the Office of the ss County FINAL SUBDIVISION PLAT APPROVAL -- officer of the Planning Board pursuant to a PI plat or after conditions specified in a resolu completed. Such final approvai quahiies the plat GRADE, ESTABLISHED The elevation of the the town authorities ' GRADE, FINISHED -- The on official plans or ifekans GRADING INCENTIV Law in excl facilities or of,the Town of Poughkeepsie or, mpoyed by or assigned to the I Professional Engineer or Land i by this 16" N law, showing a as shall berod pded by these %t and the modifications, if any, preliminary plat of such proposed which, if approved, may be filed or of a plat iii final form by a duly authorized esoluti6 i granting final approval to the ditional approval of the plat are ling jbi the Office of the County Clerk. of the streets as officially established by walks and roads brought to grades as shown he alteratlbj of th'p', surface or subsurface conditions of land, lakes, ponds or excavation or lung to depth greater than six (6) inches. INTERIOR LOT -- A Ls to the maximum unit density requirements of the Town Zoning n of significant open space and/or the provision of improvements, of benefit to the Town. on all sides by other lots and not abutting a public street. LOT -- Land occupied or tfl'be occupied by a building and its accessory buildings or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Chapter, having not less than the minimum area and width required by Chapter 210 for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land. LOT LINE REVISION, LOT LINE AMENDMENT — A change in the location of a boundary between two or more lots within a previously approved plat, filed in the Dutchess County Clerk's Office. See also Local Law No. 10 of 2007 "Town of Poughkeepsie Lot Line Revision Law". Page 7 Land Subdivision Law Public Review Draft August 22, 2007 LOT, CORNER -- A lot which has an interior angle of less than one hundred thirty-five degrees (135°) at the intersection of two street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than one hundred thirty-five degrees (135°). LOT, FLAG -- a lot which has sufficient frontage on a public street to comply with the minimum lot frontage requirements of this Chapter, but which is shaped in such a manner that the portion of the lot closest to the street can only be used for access purposes and not as a yard or buildable area, and whose width some distance back from the right-of-way is sufficient to provide proper space to meet the yard and setback requirements. LOT, HOUSE -- In cluster subdivisions, that portion of the subdivisio --,reserved as a development area for the location of dwelling units and constituting lands outsi the protected open space areas. LOT, INTERIOR - A lot other than a corner lot. LOT, THROUGH -- An interior lot having frontage on two a lel or ap imately parallel streets, but which is not a corner lot. OFFICIAL MAP -- A map established by the Tow®, oard, showing street, w . s and parks theretofore laid out, adopted and established by, �` 1 M any a,, ndments the dopted by the Town Board or additions thereto resulting from approv ,.su n plats by Planning Board and the subsequent filing of such approved plats. OPEN SPACE -- Land either left in a natal state for cons tion or cultivated for agricultural purposes, or landscaped and improved for see uq,purposes or re" conal purposes, and devoted to active or passive recreation, or devoted to the"preservation of ctive architectural, historic, geologic or botanic sites, scenic views, or other=open space qualities he term shall not include land that is paved, used for the storage, parking�or cuculat�111110, of automobiles, or occupied by any structure unless such structux serves the agricultural, sceni;ecreational, or other open space use, or enhance access thereto and use:' thereof. Open -space may be included as a portion of one (1) or more large lots, or may be contained in one or more separate open space lot but shall not include private yards within one hundred (100) feet of a principal structure. OPEN SPACE, USABLE An unenclosed portion of the ground of a lot which is not devoted to driveways, acces `�roa i � p rking spaces; which is free of structures that would interfere with the functionaht�sf the open spa and the intended use of the property; which is no less than eight feet in width: zany point; which x' available; and accessible to all occupants of the building or buildings on said lot, " n a separate dedicated lot' as part of a common development scheme, for purposes of active or passiVA a tdoor use OWNER -- The owr� of record o a tract or parcel, the subdivision of which requires approval of the Planning Board, or w �erson o persons holding an option to purchase a tract or parcel, contingent only upon receipt of Plaiiiiing'Board approval of a proposed subdivision of such tract or parcel. The "owner" maybe represenf by a duly authorized agent or representative in the conduct of business before the Board, except in those instances specified hereafter that require the appearance of the "owner" in person. PARENT PARCEL — A parcel of land legally in existence on the effective date of this Chapter. For purposes of this Chapter the parent parcel shall be deemed to be that lot, parcel or tract of land owned by the person or persons as shown on the records of the Town of Poughkeepsie Assessor's Office as of the effective date of this Chapter. PLAT -- The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, will be submitted to the County Clerk for recording. (See §§ 276, 277, 278 and 279 of Town Law.) PRELIMINARY LAYOUT -- A preliminary drawing showing the proposed layout of a subdivision Page 8 Land Subdivision Law Public Review Draft August 22, 2007 which is submitted to the Planning Board for its consideration and conditional approval. PRELIMINARY PLAT -- A drawing prepared in the manner prescribed in this Chapter showing the layout of a proposed subdivision including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities, including preliminary plans and profiles, at suitable scale and in such detail as this Chapter requires. PRELIMINARY PLAT APPROVAL -- The approval of a proposed subdivision as set forth in a preliminary plat, but subject to the approval of the final plat in accordance with the provisions of this Chapter. RESOURCE ANALYSIS — A map depicting the environmental conditions of a lot including, but not limited to, the location of soils, wetlands, water bodies, rock outcrops,�v'egetation, slopes, and man- made improvements on a lot, prepared as part of a Conceptual Subdivision flan Review. RESUBDIVISION — The further subdivision of lots or the relocaiio ,,,of lot lines of any lot or lots, Y ll% including the alteration of any streets or the establishment of y neve streets, within a subdivision previously approved by the Planning Board and which has,,, -been filed m the Office of the Dutchess County Clerk. ROADWAY -- The portion of the street which is pa see "street.") STEEP SLOPE — All ground areas having a topographic (20) percent measured by utilizing two (2) foot contours. STREET -- A way for vehicular traffic, thoroughfare, avenue, boulevard, road, p otherwise designated. An existing public properties and is suitably improved; or a appropriate official agencies. Aff A) ALLEYS -- the side of B) ARTERIAL S or heavy tr . S •:jF C) COLLECTOR syst of ar ire used pr abutting on GHWAYS -- used for vehicular traffic. (Also M r ual to or greater than twenty street, highway, throughway, .e 'place or court or however al means of access to abutting wn on a plat approved by all for vehicular service access to the back or streets which are used primarily for fast moose streets which carry traffic from minor streets to the major is a� highways, including the principal entrance streets of a nd str for circulation within such a development. D) DEAD END STREETS''CULS-DE-SAC -- Those streets which are closed to traffic at one end. E) MARGINAL WCESS nSTREETS -- Minor streets which are parallel to and adjacent to �Wlkarterial streets aig ways and which provide access to abutting properties and protection for through traffic F) MINOR STREETS - Those streets which are used primarily for access to the abutting properties. STREET JOG — Opposing streets that have their centerlines off -set to each other rather than lined up directly opposite to each other. STREET LINE -- The dividing line between the street right-of-way and a lot. STREET, PAPER -- A street that has never been built but is shown on an approved plan, subdivision plat, tax map, or Official Map of the Town of Poughkeepsie. STREET PAVEMENT -- The wearing or exposed surface of the roadway used by vehicular traffic. Page 9 Land Subdivision Law Public Review Draft August 22, 2007 STREET WIDTH -- The width of the right-of-way or the distance between property lines, on opposite sides of a street. SUBDIVIDER -- Any person, firm, corporation, partnership or association which shall lay out, for the purpose of development and/or sale, any subdivision, as defined herein, either for himself, herself, itself or for others. SUBDIVISION -- The division of any parcel of land into two or more lots, plots, sites or other division of land, with or without streets, for the purpose of immediate or future sale or building development. Under this Chapter there are two types of subdivisions: A) MINOR SUBDIVISION -- Any subdivision containing not more than two lots, each of at least the minimum size as permitted by Chapter 210, each fronting nn an existing public street, not involving any new street or road or the extension of municipal facilities, not adversely affecting the development of the remainder of the parcel p adjoining properties and not in conflict with any provision or portion of the Town Plan 4;-' MM B) MAJOR SUBDIVISION -- A subdivision not classified as.a minor subdivision. 44 SUPERBLOCK -- An oversize residential block wherein private open space, undisturbed by automobile traffic, is provided for the common use of all residents in the block SUPERINTENDENT - The duly elected Superintendent of H1 of the Town of Poughkeepsie, New York., TOWN PLAN, MASTER PLAN, COMPREHENSIVE comprehensive plan that indicates the general locations recommended for the rious functional classes or public works, places and structures and for the general physical development of the Town o Poughkeepsie and includes any unit or part of such plan separately adopted and any uyendment to such plan or parts thereof. a B) When an'f-�subdivision ox;resubdivision of land is proposed, and before any contract for the sale of land of any offertt sell such subdivision or resubdivision, or any part thereof is made, or any gradh - learmg, construction or other improvement is undertaken therein, the owner or his duTyathorized agent shall have received the prior approval of the Planning Board for such subdivision or resubdivision in accordance with the procedures set forth in this Chapter. C) An application for a resubdivision shall be referred to the agency or department that first approved the original subdivision. See also Local Law No. 10 of 2007 "Town of Poughkeepsie Lot Line Revision Law". D) Each lot created pursuant to this Chapter shall be a Buildable Lot as defined herein. E) The creation or establishment of "flag lots" as defined herein is prohibited. Page 10 Land Subdivision Law Public Review Draft August 22, 2007 § 177-9. Pre -application review and classification. A) Prior to filing a formal application for approval or conditional approval of a final layout or a preliminary layout that has not previously been reviewed by the Planning Board, the applicant shall: 1) Determine the requirements of the Town of Poughkeepsie Planning Board, the Dutchess County Highway Department (where development is proposed along a county road), the Town Highway Department (where development is proposed along a town road), the Dutchess County Health Department (where approval is required pursuant to the Sanitary Code of Dutchess County and the laws of the State of New York), and the New York State Department of Transportation (where development is proposed along a state road). 2) Submit to the Board and its designated representat' > " tans and data as specified in Article V of this Chapter. B) This step does not require a formal application, a o cling o at with the Board. The submission is made in order to discuss the a teness of roposed layout, the suitability of the land for development, the eral requirements frmprovements, and conformity with the Town Plan and with C „ ; ' 210. § 177-9A. Pre -application procedure. A) Prior to submittal of an applicati I � or subdivision a' val all applicants are required to submit a Resource Analysis and a tual Subdivis la and shall participate in a discussion with the Planning Boardao Resource An and Conceptual Subdivision Plan. The Resource Analysis and the Cone .Sub 'vis'on Plan shall be depicted on separate maps. B) Twelve (12) copies of Ur"kesource An sis and nceptual Subdivision Plan shall be submitted to the Planning Board. There s be no statutory time limit for the review of the Resource AnalysYsnor the ;need to mak determination of whether the subdivision application is compee. The Planning Board, in its discretion, may waive a Resource Analysis review. All applicants ar'red to submit a Conceptual Subdivision Plan for review..pribr to �b ttnoor subdivision approval.fii 1) In conjunction *a a su mission of a Conceptual Subdivision Plan, an applicant shall " submit a Resources Analysis and shall participate in a discussion with the Planning boar" to determ tthe appropriateness of the applicant's conceptual plan. The submission shall nude an identification of the primary assets and limitations of the propertyrproposed to subdivided. This will provide an opportunity for the owner and Planning $pard todi scuss the appropriate range of and intensity of development; the general location intended for improvements; areas planned to remain undeveloped; and general access and utility plans. It is also expected that the applicant will have performed ariFon-site assessment of the parcel(s) proposed to be created. The applicant should therefore be prepared to discuss possible subdivision concepts based on what has been learned from the Resource Analysis. No statement, comment or other communication made during this review shall be binding upon any party. 2) The pre -application process is required to ensure that town development goals are recognized as they may apply to the property in question. This should help expedite the formal subdivision review before the applicant has made a substantial investment in the application process. C) Resource Analysis and Conceptual Subdivision Plan review. All parties concerned with a proposed subdivision or resubdivision of land will benefit from a pre -application discussion. Page 11 Land Subdivision Law Public Review Draft August 22, 2007 Accordingly, the applicant shall present the following information: 1) The proposed subdivision name or identifying title, and the words "Town of Poughkeepsie, Dutchess County, New York' in the lower right corner of the plans. 2) The name of the property owner(s) and the authorized applicant, if different from the property owner(s). 3) Aerial map at a scale of one inch equals four hundred feet (1" = 400), showing the location of the proposed parcel with respect to all streets and property within one thousand (1,000) feet its boundary and superimposed with 10' contours, regulated freshwater wetlands, floodplains, streams, slopes of 20% or greater, water bodies and public trails and recreation areas. 4) List of all natural features on the parcel including but ",not limited to, historic buildings, stone walls, rock outcrops, significant trees andof trees, potential wildlife J. habitats and viewsheds. This list is a prelimina. KI i identifying natural features and is subject to modification and interpretation by e Planm.nk$oard. 5) Provide an 8 V2 x 11 soils map indicating if ime 'and/or Statewximportant soils, as defined by the Soil Survey of Dutchess County New York, exist on t� roperty. ,,r.� 6) General subdivision information Aerial Map. D) Study of Resource Analysis and Conceptual Subdxsxon Plan. The Planning Board shall discuss the proposed subdivision w*th the applicant a� shall determine how the subdivision meets the objectives of the Town the Zoning Lavrand this Chapter. The Planning Board shall consider the areas of prop, elopment an#lt Ir relation to one another, the �, natural constraints of the land, and t� , pro of important environmental features and open space, and the potential effect of celopJ ant viewsheds. E) The Planning Boa . -make recolp endationsor modification or redesign to be incorporated by x ` app in the ne " submission to the Planning Board, and shall indicate to the 'cant th ; ''' 'ority resources to be preserved. Any requirements of these regulations which plic requests to b�aived should be discussed at this time. F) The Reso " alysis ," ., o�tua , , ' ivision Plan discussion shall not be construed to be an a de v men t planMxby the Planning Board, and does not allow the filing Of an with t ty or authorize the sale or lease, or any offer to sell or lease, is in such pr ed su A 'on or any part thereof. The Resources Analysis and on al Subdivisi an d cussion is only a precursor to a formal application for sub divy approval. G) State En entalQ1ity Review. No environmental review of the project pursuant to Article 8 of t viro,nmental Conservation Law shall be commenced until the discussion of the Resource and Conceptual Subdivision plan have been completed and an application for pr inary or final subdivision approval has been submitted. Ir § 177-10. Procedure for minor subdivision plat approval. A) Purpose. The proposed final minor plat, together with drawings and documents, shall constitute the complete development of the subdivision proposal, shall include any conditions of the Planning Board's Conceptual Subdivision Plan approval, and shall include the detailed layout drawings for the improvements and utilities. After approval by the Planning Board of this submission, the performance surety and the general liability insurance policy as approved by the Town Board shall become the basis for the construction of the subdivision and the inspection services by the Town Engineer, the Director of Planning, and other designated Town official. The final plat itself must be recorded with the County Clerk to Page 12 Land Subdivision Law Public Review Draft August 22, 2007 have legal status, and an unrecorded plat shall not be a valid basis for site improvements or other commitments. The final plat shall be an accurate survey record of the properties resulting from the subdivision and shall bear the seal and signature of the licensed land surveyor responsible for its preparation. B) Notation on plat. If the subdivision is classified by the Planning Board as a minor subdivision, a notation to that effect shall be made on the proposed final plat. C) Submittal to the Planning Board. Twelve (12) copies of a minor subdivision plat shall be submitted to the Planning Board, or its designated representative within six (6) months of endorsement of the Conceptual Subdivision Plan. Failure to do so shall require resubmission of the Conceptual Subdivision Plan to the Planning Board for reclassification. If the minor K9 � subdivision has frontage on, access to or is otherwise directlyrelated to any county or state road, existing or proposed, as shown on the Official County Iap, the Planning Board shall take appropriate action in accordance with §239-k of the Q,18' I Municipal Law. D Information Waiver. The PlanningBoardmay,` grant a waxer from the information requirements of this section where it determines uch informa£ion is not relevant to, or is not otherwise required, to conduct the review a application.` E) Application fee. The submission to the PI Boar =, for conditional approval of a final layout shall be accompanied by a fee in acco a wi e fee schedul}pproved by the Town Board. The Planning Board shall have the , o waive the application and per lot fee when it feels it will be in the best interest of ` " own. Fees are payable to the Town Clerk and are not refundable.;kL F) Look -Back provision. In the case created either simultaneously or sec period. Should more than that total date the minor subdivision, is approN required a major tor subdivisiolr °°ore than two lots shall be r;, m a pare parcel within a five (5) year �r f`46 bp,.applied for within five years of the C`Planning Board shall require the applicant to major subdivision for the previously subdivided on in the new application, and shall process the e�onmental Quality Review Act. An application for a minor �i�sidereetini ate until a negative declaration has been filed or Draft Environmental Impact Statement has been filed in siorifof the State Environmental Quality Review Act. The time ainor subdivision plat shall begin upon filing of such negative of completion. An application for minor subdivision approval that the Planning Board to require the preparation of a Draft .tement shall result in the processing of the application as a major H) Applicant to at&nj d` Planning Board meeting. The applicant or his duly authorized representative shall attend meetings of the Planning Board at which the application is considered to discuss the plat. Although not required, applicants are encouraged to commence discussions with the owners of land abutting or in proximity to the project site to ascertain local concerns and local development issues early in the project design process. I) When officially submitted. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered. An application shall be placed on the Planning Board agenda only upon payment of the application and escrow fees as set by the Town Board along with the number of copies of the plat as specified by the Planning Board, an environmental assessment form, and a completed application form, along with any other information required by the Planning Board during the pre -application review. Page 13 Land Subdivision Law Public Review Draft August 22, 2007 J) Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement. Referral to Neighboring Municipalities. Pursuant to General Municipal Law §239 -nn, for a subdivision review under this section involving property loca s thin five hundred (500) feet of an adjacent municipality notice of any public he g s 1 be given by mail or electronic transmission to the clerk of the adjacent muni sty not less than ten (10) days prior to the date of said hearing. L) Public hearing on minor subdivision. The hef advertised at least once in the official newspal five (5) days before such hearing. The Pla further advertised in such manner as it dem of such preliminary plat, including the promi premises that is the subject of the applie application for a subdivision approval is under n`°'he min' "' bdivision plat shall be 11 Al by Town Board at least Board may prove f gat the hearing be include the name of the subdivisioii the name of the a°j subdivided, and the date, place, time and subject of the be required for adjourned dates. The hear* An the r. upon motion of the Planning Board Ahin ons; undre opened. _.ZIP E rate for fully ' 'consideration nt re signs on the n interestedpersons that an tion by the Board. All notices shall ant, the location of the land to be 4hearing. Such notice shall not no , division plat shall be closed testy (120) days after it has been M) Action on minor subdivlsion plat. The Planning Board shall, within sixty-two (62) days from the date of the public hearing'; approve, conditionally approve with or without modification, or disapprove a comjlete application for minor subdivision plat approval. When conditionally approving a minor subdwiawn plat with or without modifications, the Planning Board must state in wx�tan�g the mo cations; ' any,t deems necessary before the plat will be endorsed by the ;GhairidhtL The Boar shall speciiy'in writing its reasons for any disapproval. N) Filing of notice of aeon. Written notice of the action of the Planning Board, plus any ori"tions attached thereto, shall be provided to the applicant, and a copy of such notice shall �, be file" th the Town Clerk within five (5) days of the date of approval. g, O) Duration o ieonditional roval of minor subdivision plat. Conditional approval of the minor sub *vision p' at shall eine within one hundred eighty (180) days after the date of adoption of the resolution granting such approval. The Planning Board may extend by not more than two additional p" 6Jo s of ninety (90) days each the time in which a conditionally approved plat must be sub ted for signature if, in the Board's opinion, such extension is warranted by the particular circumstances. A failure to complete the conditions of minor subdivision approval within the required time period(s) shall result in the approval becoming null and void. P) Filing of minor subdivision plat; expiration of approval. The applicant shall file the approved minor subdivision plat in the Office of the County Clerk within sixty-two (62) days from the date of final approval or such approval shall expire. The signature of the Chairman or Vice - Chairman, or other duly authorized officer of the Planning Board signifying final approval and completion of conditions of final approval by the Planning Board shall constitute approval. Page 14 Land Subdivision Law Public Review Draft August 22, 2007 Q) Endorsement of the Chairman. Upon approval of the minor subdivision plat, the applicant shall carry out the following steps prior to obtaining the Chairman's signature of approval: 1) Provide proof of compliance with Department of Health standards and approval of the plan for water supply and sewage disposal 2) Provide proof of compliance with all other required local, state and federal agency permits and approvals including but not limited to: stream disturbance; wetland and wetland buffer disturbance; highway work; curb cuts; storm water connections; SPDES permit discharges; dams and impoundments, etc. 3) Make all required corrections or changes to the minor subdivision plat map as outlined in the resolution of the Planning Board and provide five (5) copies of the corrected final plat to the Planning Department for final review and approval ty tie Department, the Town Engineer and other designated Town officials for coce with the resolution of the Planning Board. The applicant shall also comple a applicable conditions of the Planning Board resolution approving the final plat:., ,z 4) Provide Mylar and paper copies of the i specified by the Planning Board to the Plaj Chairman. After the Chairman has sign Secretary shall immediately notify tie subdivision plat map. The applicant is subdivision plat with the County Clerk. 5) Pay all outstanding escrow fee inspe� applicable, are due and payable e R) Filed plat map. Within seven (7) days the County Clerk the applicant shall subm ..x to plat showing the endo ,,,, „ t of the Cou 1( nin&1 ubdivision plan, -in such quantity as piing Department for tl-endorsement of the e Mylar,.and the paper 661?i g -of the plat the plicant d. the availabilo'y of the minor nsale1y, `"' esponsible for filing of the minor 2ti :tion fee" Recreation and inspection fees, if Chairman a gorses the final plat map. i plat is filed with the two (2) copies of the S) Plat void if reels after a al. No cha es, erasures, modifications or revisions shall be made to any stAl N'on plat er endorsem f said plat by the Chairman of the Planning Board unless the sai t is , esubmitte o the. Planning Board and the Board approves any modifications. Su c <: _ ' be resubmitted to the Planning Board for re - stamping ail ture the even at any such subdivision plat is recorded without coin �ying with equ' nt, the same shall be considered null and void, and the Pls � ' g Board sha titute r is tidings to have the plat stricken from the records of the R. Coup Jerk. 'I) Fees lication f are in addition to any required escrow fees, and do not cover the cost of en amental ew. The applicant shall be responsible for the total cost of environments view at are determined to be necessary to meet the requirements of the State Environ m uality Review Act (SEQRA). If the Board requires professional review of the aication by a designated private planning, engineering, legal or other consultants, or i it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 105. U) Building Permits. Upon receipt of a copy of the final subdivision plat certified by the County Clerk, the Building Inspector may issue building permits for lots within the subdivision. No changes, erasures, modifications or revisions other than those required by the County Health Department, shall be made on any subdivision plat after final approval has been given by the Planning Board and such change, erasure, modification or revision has been approved by the Board. Any plat so changed without first being resubmitted to the Planning Board and re- approved shall be considered null and void, and the Board shall institute proceedings to have the plat stricken from the records of the County Clerk. Page 15 Land Subdivision Law Public Review Draft August 22, 2007 § 177-11. Procedure for conditional approval of preliminary layout for a major subdivision. A) Purpose. The preliminary layout, the application, and all supporting documents for a proposed subdivision constitute the material to be officially submitted to the Planning Board. On the basis of the general design of the subdivision and any proposed or required public improvements, the Planning Board will indicate its approval or disapproval of the preliminary plat prior to the time that the final plat, including the design and detailing of the improvements and utilities is completed. Approval of the preliminary layout does not constitute an approval of the final plat, nor shall it be considered a valid basis for filing of the preliminary plat with the County Clerk, nor the construction of site improvements, or for other commitments which depend upon detailed design charact ics. B) Notation on plat. If the subdivision is classified as a m o subdivision by the Planning Board, a notation to that effect shall be made on the pr Bliminary plat. C) Submittal to the Planning Board. On reaching cone cion re ng the feasibility of the Conceptual Subdivision Plan and the applica eeral pro'' and objectives, the subdivider shall cause to be prepared a prelimixy lay ut, together improvement plans and other supplementary material as specifi in Artie V prepared iY% r nee with the general requirements and design standards s ed in 'cle IV, and D) When officially submitted. An application sub de this sectioshall be deemed received at the next regular meeting of the Plannin d at which the application is to be considered. An application shall be placed on the Plan Board agenda only upon payment of the application fee as set by the 46 Board along' a environmental assessment form and the number of copies of the platin spas specified b e Planning Board. E) Applicant to attend Planning Board meeti>� YLTh an icant or his duly authorized representative shall attend meetings a the` Plan"" nln oard at which the application is considered to discuss'. the preliminary plat rtAlthough not required, applicants are encouraged to commence disculsions witic�he owners of land abutting or in proximity to the project site to ascertain locEd"doheerns ar local developinent4ssues early in the project design process. F) Information Waiver.`,!'�The P.." ing Board may grant a waiver from the information requirem X this section where it 6fbfmines that such information is not relevant to, or is not ;otherwise ire ulred, to conduct the review of the application. A request for waiver of mfororation shall b ubmitte$ by the subdivider, in writing, to the Planning Board at the time ae application for' limiriary subdivision approval is made. G) Study cf eliminary plat. The Planning Board shall study the proposed preliminary plat, taking in %l onsideratio the goals and polices of the Town Plan for the district in which the 091 parcel is locaed the needs of the community, the requirements of the Town Zoning Law and this Chapter, 'i.'_A th tbest use of the land being subdivided. Particular attention shall be ,.� „ given to the arranment, location and width of streets, their relation to the topographyof 07 the land, water $' pply, sewage disposal, vehicular and pedestrian access, preservation of natural resources, relationship to improvements on adjacent and neighboring land, drainage, lot sizes and arrangement, and the future development of adjoining lands as yet unsubdivided including those lands depicted on the Official Map. IT) Look -Back provision. Within any ten (10) year period no more than 49 lots may be created either simultaneously or sequentially from a parent parcel for which both central sewer and water services do not exist or have not been provided. Should more than that total number of lots be applied for within ten years of the date of subdivision approval involving the parent parcel the Planning Board may require the applicant to include a plan for providing central sewer and water services to the previously subdivided lots at no additional costs to their present owners as part of the new application for subdivision approval. Page 16 Land Subdivision Law Public Review Draft August 22, 2007 I) Compliance with the State Environmental Quality Review Act. A preliminary plat application shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of the State Environmental Quality Review Act. J) Planning Board As Lead Agency Under the State Environmental Quality Review Act: Public Hearing; Notice; Decision. 1) Public Hearing on Preliminary Plats. The time within which the Planning Board shall hold a public hearing on the preliminary plat shall be coordinated with any hearings the Planning Board may schedule pursuant to the State Environmental Quality Review Act as follows: a) If such board determines that the preparation of an ronmental impact statement on the preliminary plat is not required, the public ing on such plat shall be held within sixty-two (62) days after receipt of om preliminary plat by the Planning Department; or b) If the Planning Board determines th F nvironmen " �,'Jinpact statement is required, and a public hearing on the - ` t environmental imp _ . statement is held, the public hearing on the prelim' plat ak the draft en' (ental impact statement shall be held jointly wit I- '-two (, ays after the ng of the notice of completion of such draft environment' st ement in acordance with the provisions of the State Environmental Qu Review Act. If no public hearing is held on the draft enviro ental impact s ent, a public hearing on the preliminary plat shall be a with% sixty-tw ays of filing the notice of completion. 2) Public Hearing Notice The hear% on the welitnlnar plat shall be advertised at least once in the official, newspaper so desi fated by ' own Board at least five (5) days before such hearing- nia hearing is hey on the drat environmental impact statement, or fourteen (14) days before' -a hearing AM jointly therewith. The Planning Board may provide tha' hearing be further 40,' ,errtised in such manner as it deems most appropriate for fiaU pubhs consideratii of such preliminary plat, including the al prominent placement of one ©f,,`signs on the premises that is the subject of the application 11"'O frying 1n .ested persons that an application for a subdivision approval is under considert�c�n by tb $oard. All notices shall include the name of the subdivision, the name of the applicant,` a location of the land to be subdivided, and the date, place, tune and subject ote public hearing. Such notice shall not be required for adjourned dates, The hearing oix the preliminary plat shall be closed upon motion of the Planning Board" ,�, I in one hurt dred twenty (120) days after it has been opened. 3 Decision TIPlang Board shall approve, with or without modification, or disapprove such Drelimiriary fat as follows: a) If the Planning Board determines that the preparation of an environmental impact statement on the preliminary plat is not required, the Planning Board shall make its decision within sixty-two (62) days after the close of the public hearing; or b) If the Planning Board determines that an environmental impact statement is required, and a public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five (45) days following the close of such public hearing in accordance with the provisions of the State Environmental Quality Review Act. If no public hearing is held on the draft environmental impact statement, the final environmental impact statement shall be filed within forty-five (45) days following the close of the public hearing on the preliminary plat. Within thirty (30) days of the filing of such final environmental Page 17 Land Subdivision Law Public Review Draft August 22, 2007 impact statement, the Planning Board shall issue fmdings on the final environmental impact statement and make its decision on the preliminary plat. 4) Grounds For Decision. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form. K) Planning Board Not As Lead Agency Under the State Environmental Quality Review Act: Public Hearing; Notice; Decision. 1) Public Hearing On Preliminary Plats. The Planning Board shall, with the agreement of the lead agency, hold the public hearing on the preliminary Plat jointly with their lead agency's hearing on the draft environmental impact statement: Failing such agreement, the Planning Board shall hold the public he the preliminary plat within sixty-two (62) days after receipt of a complete �relm ary plat by the Planning Department.- ., s 2) Public Hearing Notice. The hearing on the preTimsnary plat shsil be advertised at least once in a newspaper of general circulation. the town at least fivf(b days before such hearing is held independently of the hearing o the draft envzronniental impact statement, or fourteen (14) days before aearing he jointly therewith The Planning Board may provide that the hearing be further :adv ri most appropriate for full public consideration d nuc] prominent placement of one% --' signs on th pt application notifying interested that an appli under consideration by the Board es shall in the location of the land to be sub$ivide the da public hearing. Such notice shall n preliminary plat: � closed upo otion of tl 1 twenty (120) s afte as been opehed. 3) Decision. Th or disapprove ed in such manner as it deems preliminary plat, including the nises that is the subject of the ion for a subdivision approval is ade'the name of the subdivision, place, time and subject of the ►urned dates. The hearing on the inine Board within one hundred shall by I solution approve with or without modification lat within ixty-two (62) days after the close of the public the ationa environmental impact statement on the preliminary plat is not requir a Pla" g Board shall make its decision within sixty-two (62) days after the clos he pu "fearing on the preliminary plat. b) environm ' ' 1 impact statement is required, the Planning Board shall make its o "' dings an g„ s decision on the preliminary plat within sixty two (62) days after the e ;; of the itblic hearing on such preliminary plat or within thirty (30) days of the ad- i yndings by the lead agency, whichever period is longer. 4) Grounds For ecision. The grounds for a modification, if any, or the grounds for disapproval s all be stated upon the records of the Planning Board. When so approving a preliminary plat, the Planning Board shall state in writing any modifications it deems necessary for submission of the plat in final form. L) Agricultural data statement. If any portion of the project is located on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, the application must include an agricultural data statement containing the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other Page 18 Land Subdivision Law Public Review Draft August 22, 2007 map showing the site of the proposed project relative to, the location of farm operations identified in the agricultural data statement. M) Referral to Neighboring Municipalities. Pursuant to General Municipal Law §239 -nn, for a subdivision review under this section involving property located within five hundred (500) feet of an adjacent municipality notice of any public hearing shall be given by mail or electronic transmission to the clerk of the adjacent municipality not less than ten (10) days prior to the date of said hearing. N) Filing of notice of action. Written notice of the action of the Planning Board, plus any conditions attached thereto, shall be provided to the applicant, and a copy of such notice shall be filed with the Town Clerk within five (5) days of the appr , al of the preliminary plat. Approval of the preliminary plat shall not constitute appro v "4 be final plat, but shall be deemed an expression of approval of the design submitted a preliminary plat as a guide to the preparation of the final plat which will be sub `' r approval of the Planning Board and for recording upon fulfillment of the requ' " en' he Town Zoning Law and this Chapter, and the conditions of the approval tk' prelim plat, if any. Prior to approval of the final subdivision plat the Planni , dmay req dditional changes as a result of further study of the final subdi ,' , on plat, or as a res " new information obtained at the public hearing. O) Expiration of approval. Planning Board appro aepninary layout` submission shall expire six (6) months after the date the decision °" 'Board is filed with the Town Clerk. Prior to the expiration of preliminary approval the ,, licant shall request in writing an extension of the preliminary approv and shall state'' ,a easons for such extension. The �, Planning Board may extend b y not mors � two additio ods of ninety (90) days each the time for expiration of the prelimin the B :d's opinion, such extension is warranted by the particular circumstai es. In d a , suc extension shall be granted only if the proposed subdivision fully conformiq. pale zoning.egulations in effect at the time such y,. extension is applied fob P) Fees. All application fees are, in addition tq >gny required escrow fees, and do not cover the cost of environmental„reThe appli6l&wshall be responsible for the total cost of environmental reviebe necessary to meet the requirements of the State Envixonment(SEQRA). If the Board requires professional review of the "'i” tion by a designated private planning, engineering, legal or other consultants, or if 1t incurs other extraordinary expense to review documents or conduct spebidl studies in connection wit i I& proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required in accordance with Chapter 105. § 177-12. Procedure for finis approval of major subdivision plat. A) Purpose. The pr6p sed final plat, together with drawings and documents, shall constitute the complete development of the subdivision proposal, shall include the conditions of the Planning Boar& preliminary subdivision approval, and shall include the detailed layout drawings for the public improvements and utilities. The final plat shall be in conformity with the approved preliminary plat. After approval by the Planning Board of this submission, the approved performance surety and the general liability insurance policy as approved by the Town Board shall become the basis for the construction of the subdivision and the inspection services by the Town Engineer, the Director of Planning, or other designated Town officer. The plat itself must be recorded with the County Clerk to have legal status, and an unrecorded plat shall not be a valid basis for site improvements or other commitments. The plat shall be an accurate survey record of the properties resulting from the subdivision and shall bear the seal and signature of the licensed land surveyor responsible for its preparation. Page 19 Land Subdivision Law Public Review Draft August 22, 2007 B) Application for approval and fee. The applicant shall, within six (6) months of the date of filing of the preliminary plat approval with the Town Clerk, file with the Planning Board an application for approval of all or part of the subdivision plat in final form. All applications for plan approval shall be in writing and on forms and in such quantity as may be prescribed by the Planning Board together with a fee as set by the Town Board. Said application shall also conform to the requirements of Article IV, Article V, and Article VI as applicable. C) When officially submitted. An application submitted under this section shall be deemed received at the next regular meeting of the Planning Board at which the application is to be considered. An application shall be placed on the Planning Board agenda only after payment of the application fee as set by the Town Board and submission of the specified number of copies of the final plat map and any specified supporting docu "', tI n. D) Applicant to attend Planning Board meeting. The a giant or his duly authorized representative shall attend meeting(s) of the Plannin , at which the application is considered to discuss the final plat. . E) Final Plats Not In Substantial Agreement With owed Preh Plats or When No Preliminary Plat is Required To Be Submitte„ ' When a final pla submitted that the Planning Board deems not to be in substant' P agreement with a prep" lat approved pursuant to this section, or when no prel lat is uired to be su ed and a final plat clearly marked "final plat" is submitted c mi , °" ,,the definitionprovided by this section the following shall apply: 1) Planning Board As Lead Agency Public Hearing; ; Decision. a) Public Hearing On Final Plat Tns dime within w Planning Board shall hold a public hearing on such finial plat,phall be coon Hated with any hearings the Planning Board may schedule pursuant, ,o" tats Environmental Quality Review Act, as follows `` V11 (i) If the Planning Board determines that the preparation of an environmental impact state&nt is not required, the public hearing on a final plat not in substantial agreement with reliminary plat, or on a final plat when no preliminary pliiji required„ tb be submitted, shall be held within sixty two 2) days." after the receipt of a complete final plat by the Planning If the nnnng toard determines that an environmental impact statement is requir nd a public hearing on the draft environmental impact statement is held, „ public hearing on the final plat and the draft environmental impact ement shall be held jointly within sixty-two (62) days after the filing o ;the notice of completion of such draft environmental impact t in accordance with the provisions of the State Environmental y Review Act. If no public hearing is held on the draft environmental i act statement, the public hearing on the final plat shall be held within sixty-two (62) days following filing of the notice of completion. 2) Public Hearing Notice. The hearing on the final plat shall be advertised at least once in the official newspaper so designated by the Town Board at least five (5) days before such hearing if no hearing is held on the draft environmental impact statement, or fourteen (14) days before a hearing held jointly therewith. The Planning Board may provide that the hearing be further advertised in such manner as it deems most appropriate for full public consideration of such final plat, including the prominent placement of one or more signs on the premises that is the subject of the application notifying interested persons that an application for a subdivision approval is under consideration by the Board. All notices shall include the name of the subdivision, the location of the land to be Page 20 Land Subdivision Law Public Review Draft August 22, 2007 subdivided, and the date, place, time and subject of the public hearing. Such notice shall not be required for adjourned dates. The hearing on the final plat shall be close upon motion of the Planning Board within one hundred twenty (120) days after it has been opened. 3) Decision. The Planning Board shall make its decision on the final plat as follows: a) If such board determines that the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat within sixty-two (62) days after the date of the public hearing; or b) If the Planning Board determines that an `' ental impact statement is required, and a public hearing is held on the draft,04A onmental impact statement, the final environmental impact statement shat} be 'y' -within forty-five (45) days following the close of such public hearing in 'or a' with the provisions of the OW State Environmental Quality Review Act opublic heax,�'ng is held on the draft environmental impact statement, the fine environmental iniac statement shall be filed within forty-five (45) days following the close of the public baring on the final lat. Within thirty en= ental y (30) days of i filing 6 .,the final envrxc3nmental impact -Ex statement, the Planning Board shall Issue finding on such final environmental . . impact statement and shall by resolution > conditionally approve, with or without modification, disapprove, grant final appro and authorize the signing of the such plat. 4 Grounds for Decision. The gr modificatip if any, or the grounds for disapproval shall be stated upon t recor Planning Board. 5) Planning Board Not;As.Lead Agency, 1c He V otice; Decision. a) Public Hearing On al Plat. Th ` lanning Board shall, with the agreement of the lead age .hold thiublic hearin n the final plat jointly with the lead agency's hearing on..,draft environmental act statement. Failing such agreement, the Planning Boar-, a o ub ' ," earing on the final plat within sixty-two (62) >the reCeljl of a coon , ,k nal plat by the Planning Department. b" Public No a hearing on the final plat shall be advertised at least once in the offici wspa" "designated by the Town Board at least five (5) days efore such he g is h independently of the hearing on the draft environmental act stat me or fourteen (14) days before a hearing held jointly therewith. The Prong Board ay provide that the hearing be further advertised in such manner as i ems mos appropriate for full public consideration of such final plat, including the prdrnlnelacement of one or more signs on the premises that is the subject of thea liotu� ^ notifying pp n g interested persons that an application for a subdivision approval * under consideration by the Board. All notices shall include the name of the subdivision, the location of the land to be subdivided, and the date, place, time and subject of the public hearing. Such notice shall not be required for adjourned dates. The hearing on the final plat shall be closed upon motion of the Planning Board within one hundred twenty (120) days after it has been opened. c) Decision. The Planning Board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat within sixty-two (62) days after the close of the public hearing on such final plat. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. Page 21 Land Subdivision Law Public Review Draft August 22, 2007 (i) If the preparation of an environmental impact statement on the final plat is not required, the Planning Board shall make its decision within sixty-two (62) days after the close of the public hearing on the final plat. (ii) If an environmental impact statement is required, the Planning Board shall make its own findings and its decision on the final plat within sixty-two (62) days after the close of the public hearing on such final plat or within thirty (30) days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the Planning Board. F) Filing of notice of action. Written notice of the action of th Planning Board, plus any conditions attached thereto, shall be provided to the applicant Ycopy of such notice shall be filed with the Town Clerk within five (5) days of the dateapproval. G) Approval of plat in sections. In granting conditional o. the Planning Board may permit the plat to be subd sections and may in its resolution granting c .w requirements as it deems necessary to insure the ori completed before said sections may be si d the C] g ne� �. at least 10% of the total number of lots shotegz the section or portion of any previously submitte s conditions necessary for approval of such previous final approval shall have been granted in accordance a H) Duration of conditional approval c expire within one hundred eighty unless all requirements stated in Planning Board may extend by not the time in which a ;conditionally Board's opinion, suu extension is v Joval of a plat in final form, d a veloped in two or more it or approval state such develop of the plat shall be pan. Any se sh 1 encompass No plat wh an extension, approved it and unless all itted plat have been satisfied and hese regulations. 3.t. Conditio' pproval of the final plat shall �s, after the re z ion granting such approval oT fla" u; have b en certified as completed. The ?,:two ddl ftional periods of ninety (90) days each plat must a submitted for signature if, in the by the particular circumstances. I) Filing of final plat, expiration of approval The applicant shall file the approved final plat, or ;. a section of such plat, the'Office Yof the County Clerk within sixty-two (62) days from the ft date of final ap rova1 or such approval shall `expire. In the event the applicant shall file only .. a section of such�pprovect at with the County Clerk, the entire approved plat shall be filed with>jfthirty (38)3J&&of the filing of such section with the Town Clerk. Such section shall encompass at least f6jipercent of the total number of lots contained in the approved plat and the approval of the remaining sections of the approved plat shall expire unless said sections are filed with the Coun4' Clerk within three years of the date of filing of the first section. The signature of the Chairman or Vice -Chairman or other duly authorized officer of the Planning 9 final approval and completion of conditions of final approval by the Planning $64r4shall constitute final approval. J) Endorsement of o chairman. Upon approval of the final plat, the applicant shall carry out the following steps prior to obtaining the Chairman's signature of approval: 1) Provide proof of compliance with Department of Health standards and approval by the Department of the plan for water supply and sewage disposal. 2) Provide proof of compliance with all other required local, state and federal agency permits and approvals including but not limited to: stream disturbance; wetland and wetland buffer disturbance; highway work; curb cuts; storm water connections; SPDES permit discharges; dams and impoundments, etc. 3) Make all required corrections or changes to the final plat map as outlined in the resolution of the Planning Board and provide two copies of the corrected final plat to the Planning Department for final review and approval by the Department, the Town Page 22 Land Subdivision Law Public Review Draft August 22, 2007 Engineer and other designated Town officials for compliance with the resolution of the Planning Board. 4) Complete all applicable conditions of final approval as set forth in the resolution of the Planning Board. 5) Provide Mylar and paper copies of the final plat in such quantity as specified by the Planning Department for the endorsement of the Chairman. After the Chairman has signed the Mylar of the plat the Secretary shall immediately notify the applicant of the availability of the final plat map. The applicant is solely responsible for filing of the final plat with the County Clerk. 6) Obtain a performance surety in the amount of the estiztp prepared by the Town Engineer, the Town Planner, or the Superintendent of was for the improvements and a general liability insurance policy and submit th the Planning Board Attorney for approval as to form. 7) Pay all outstanding escrow fees and inspection s the ping Board Secretary or to the Town Clerk. Recreation and inspection pplicable,s`ue and payable prior to the time the Chairman endorses the fm at map. E,Filed plat map. Within seven (7) days of he fm "x lat is filed wi County Clerk the applicant shall submit two (2) copies of th 1 showing the e i` orsement of the County Clerk to the Planning Department. L) Plat void if revised after approval l „ changes, eras odifications or revisions shall be made to any subdivision plat after a ent of said p t e Chairman of the Planning Board. In the event that any such std lat is reco without complying with this requirement, the same shall be cons dered d voi and the Planning Board shall institute proceedings to have the plat stke, oords of the County Clerk. M) Fees. All applicatd ' " ;; in addition, any required escrow fees, and do not cover the cost of environmental revs The app ipant shall be responsible for the total cost of environmental e that determined1p be necessary to meet the requirements of the State Environment a ual' ew Act ($MQRA). If the Board requires professional reviewf plicao y" private planning, engineering, legal or other consult , "o inc ether e dinary expense to review documents or conduct spe ' studies iri ectio s the proposed application, reasonable fees shall be paid for b applicant an ascro it will be required in accordance with §105. 1) Perfor'nce; Surety. < e subdivider shall follow one of the procedures set forth in Subsectl ) or (2) belo, 1) Where a--p+rforman and or surety is required the subdivider shall file with the Town a performanceaond cover 95% of the cost and a certified check to cover 5% of the cost of the required mp ovements in the amount estimated by the Superintendent, the Planner and the Tx ngineer. Such bond shall be satisfactory to the Town Attorney as to form, sufficiency, manner of execution and surety. If the bond is not filed within 45 days of the date of final subdivision approval or such other time limit as set by the Planning Board, the plat shall be deemed void. Adequate roads certified passable by the Superintendent of Highways shall be provided prior to the issuance of a building permit. All required improvements shall be completed to the satisfaction of the Superintendent, Town Engineer, and Town Planner within four (4) months after the date of initial title transfer with respect to any dwelling fronting on an unimproved street erected in the subdivision, failing which the Town Board may call the bond and existing building permits. In the case of exceptionally large subdivisions, the Board may grant a reasonable extension of time beyond said four-month period or, alternately, may approve the completion of only a portion of the required improvements within the period specified. The bond shall be Page 23 Land Subdivision Law Public Review Draft August 22, 2007 released only upon certification by the Superintendent, the Town Engineer, and the Town Planner that all the required improvements have been completed to their satisfaction, and in cases where approval of the plat by the Board is contingent upon the establishment of a water, sewer or drainage system, as the case may be, is turned over to and approved by the Town. 2) Where no performance bond or surety is required the subdivider shall complete all required improvements to the satisfaction of the Superintendent, the Plumbing Inspector, Town Engineer, and Town Planner prior to the issuance of any building permits. If such improvements are not completed within one (1) year of the date of final approval the plat shall be deemed void. 3) Upon receipt of written notification from the Superintendence;he Town Engineer, and the Town Planner that all required improvements havo; een satisfactorily installed, or upon receipt of a written notification from the Town ey that an acceptable bond has been filed, the Chairman of the Board shall sigh the pp_l£as approved by the Board. Such approval in no way constitutes an acceptance iy the Tori of the dedication of any streets, parks or open public spaces. The Planrmg hoard ma���uire said plat to be endorsed with appropriate notes to this eff. The Planning Board, y also require the filing of a written agreement between the Applicant and the Town $osY`+ p6vering future title, dedication and provision for the cosy , gra g, development equipment and maintenance of any streets parks or playgroun'are 0) New Streets. After the establish nt of a County Official Map, no subdivision plat shall be approved when such proposed str ; es or proposed n"., streets shall have frontage on, access to or be otherwise directly re e y county roa ` existing or proposed, as shown on the County Official Map, except'in cco 239-k of ,t General Municipal Law. The Town Planning Board shall notify e Co ment of Planning, the County Superintendent of Hi ways and th ate De ent of Transportation of such subdivision. The n rining Dep ent shall report to the Town Planning Board within thirty (3, ays on approval or"''isapproval or on its approval subject to stated conditions. Thlat m" _' be approved -the Town Planning Board subject to stated conditions, notwith' " esu . report, when the application of such report will act to deprive tl er of th on ; 461 or her land. P) Buil erm �L ' on r4hof K of a copy of the final subdivision plat certified by the County Cl ,the Buil din . ' ecto yA sue building permits for lots within the subdivision. No erasures, m anon ; revisions other than those required by the County Health Dep t, shall be ona y subdivision plat after final approval has been given by the Plannin' : ' and and suc, hange, erasure, modification or revision has been approved by the Board. An t so cha , d without first being resubmitted to the Planning Board and re- approved sha cons' red null and void, and the Board shall institute proceedings to have the plat stricke a records of the County Clerk. Q) Inspection of reqed improvements. The Town Engineer shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Board with a statement to that effect. The applicant shall pay to the Town the costs of said inspection, to defray the costs of the inspection. If the Town Engineer determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for correcting and properly completing said improvements. Failure of the Town Engineer to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements. Page 24 Land Subdivision Law Public Review Draft August 22, 2007 § 177-13. Enforcement. A) Enforcement of approved plats. For any minor and major subdivision the applicant, the landowner, and the contractor shall all be responsible for the successful implementation and completion of an approved subdivision plat, including, but not limited to: 1) Installation and maintenance of erosion control measures and/or a SVWPPP as depicted on the approved plat; and 2) Protection and preservation of non -disturbance areas, whether temporary or permanent, as depicted on the approved plat; and 3) Reclamation of disturbed areas as depicted on the approved plat; and 4) Installation and completion of site improvements in the t ones) and in the manner as depicted on the approved plat unless approved as a J change" amendment by the Town Engineer, the Town Planner, or the Planning,, ar ;.the case may be; and 5) Implementation and completion of environmental m - T io I " ' ures as required under any Negative Declaration or Findings Stat opted fo project pursuant to Article 8 of the Environmental Quality ew Act (SEQRA), wheth r such mitigation measures are depicted on the approved y r not; a!W1 6) Implementation and completion of any agency. B) Responsible parties. The applicari the severally liable for all costs incurr from noncompliance with the appro rcc and commencement of any work re� permission by the applicant and the lan and/or her designee(q),o ,other autho purposes of inspection for et" mpliance wi approvals issued by any other landowner, a he contractor shall be jointly and other permits have been applied for or issue plat and the ci eWdampntcl work related objection to such autharieccaa offica .ng enviro A talrestoration costs, resulting Gvlsion plat roval of the subdivision plat approves' plat shall constitute express w for the Director of the Planning Department Town officials, to enter the property for the approved subdivision plat, whether or not any br the project. The approval of the subdivision t tie approved plat is an express waiver of any 3) entering the property for the purpose of C) Nuisance. Any deviation fib' the,,approved subdivision plat, unless prior approved as a "fie c change" amen`O' nt by the Planning Board, or the Town Engineer, or the Town Planne4, shall be deeme''a publ c nuisance and may be restrained by an order to stop work, and/or injeunction, and%:direct action by the Director of the Town Planning Department and/or her de ignee(s),, other authorized Town officials, to cease, abate, or cure the I .. condition in any"Kotheranner provided by law. The Director may issue a "stop -work" order for the entire construction and site work/disturbance project, or any specified portion thereof, "M if the Director determines that any of the following conditions exist: 1) The erosion control measures and/or a SVWPPP as depicted on the approved plat are not, or have not, been implemented or are not being properly maintained; and 2) Non -disturbance and protected buffer areas as depicted on the approved plat are not, or have not, been adequately protected and preserved; and 3) Disturbed areas are not, or have not, been reclaimed as depicted on the approved plat; and 4) Site improvements are not, or have not, been installed in the location(s) and in the manner as depicted on the approved subdivision plat and no approval for a "field change" amendment has been issued; and Page 25 Land Subdivision Law Public Review Draft August 22, 2007 5) Environmental mitigation measures required for the project pursuant to Article 8 of the Environmental Quality Review Act (SEQRA) are not, or have not, been implemented; and 6) Other required permits and approvals from any other agency have not been issued or obtained by the applicant, the landowner, or the contractor. D) Notice of violation. For purposes of this section, a stop work order is validly issued by posting a copy of the order on the site of the construction or site work/disturbance activity in reasonable proximity to said construction or site work/disturbance, and in a location where the posted order is visible. Additionally, a copy of the order, in the case of work for which a permit has been issued, shall be mailed by first class mail, ce d return receipt, and one copy of the order shall be mailed by regular first class m to a address listed by the applicant and to the landowner as the case may be. In t e of work for which no permit has been issued, a copy of the order shall be mailed plass mail, certified return receipt, and one copy of the order shall be mailed by `" lar lass mail, to the person listed as owner of the property according to the lat qolmaintai the Town Assessor's Office. T� 1) If the applicant and/or the landowner dWe - at immeAkately cease the a , ty and comply with the provisions of this Chapter wit Li k"` of the data ' ' f the order, the Director may request that the Town Attorne ,,, `" injunctive relief. In addition, the Director may revoke all or any ortion of any oth ',N mits issued in accordance with the Town Code, including building. its, affecting'" property. Upon a showing of compliance with the terms of th ` r and prop lamentation of the approved subdivision plat, the Director m re i ny othe ermit(s) that may have been revoked. E) As -built plans. At N, letion of tori` ction, an, prior to issuance of a Certificate of Occupancy, the er/ap -- nt shall p*de to t "e Planning Board and the Building Inspector a cep tion pre ed by a prol'Pssional engineer licensed by the State of New York that all site I has en carried oud completed in substantial compliance with the approved Subdivi the pro ecU�Additionally, the applicant shall provide to the PIanninex s sand Building epector an "as built" survey of the completed F) S' aintenance. remise s" 'which a subdivision plat has been approved shall, at all im maintained ccordanee with the approved subdivision plat. Failure to keep the premis a condition t is consistent with the approved subdivision plat may result in a revocatio the Cert' to of Occupancy for the premises. Development projects may periodically inspec for conformance to the approved subdivision plat, including maintenance e . dscaping and plantings required as part of the subdivision plat approval. If th non-conformance to the approved subdivision plat, or if any of the conditions of sub, vision plat approval are not fulfilled, no Certificate of Occupancy shall be issued. Where a development project reverts to non-conformance with the approved subdivision plat after issuance of the Certificate of Occupancy or Certificate of Completion, the non-conformance shall be deemed a violation of this Chapter. § 177-14. Cluster Subdivisions. A) Statement of policy. The Town of Poughkeepsie hereby establishes a policy of encouraging the use of cluster subdivision design to preserve open space, agricultural land, water supplies, and other environmental resources identified in the Town of Poughkeepsie Town Plan, and to harmonize new development with the traditional open, wooded, agricultural and hamlet landscapes of the Town. These principles allow the Planning Board to modify the Page 26 Land Subdivision Law Public Review Draft August 22, 2007 applicable area and bulk provisions of this Chapter and Chapter 210 in order to preserve open space and encourage more sensitive and efficient development patterns than would be possible by strict adherence to the conventional specifications. B) Grant of authority. The Town Board of the Town of Poughkeepsie hereby grants to the Planning Board of the Town of Poughkeepsie the authority to modify applicable area, yard and bulk provisions of the Zoning Law as they apply to a specific plat when, in the Planning Board's sole discretion, doing so would be consistent with the goals and objectives of the Town Plan pertaining to cluster subdivisions and this Chapter. This grant of authority shall not be construed so as to permit the Planning Board to vary the minimum buffer setbacks required for proposed lots adjacent to existing residential uses as set forth in the area and bulk regulations for the various zoning districts except as otherwise expressly permitted. To the extent that any provisions of this Chapter are inconsistent with §278 of the Town Law, the Town Board of the Town of Poughkeepsie hereby ded"xiftits intent to supersede those sections of the Town Law, pursuant to its home ruleowei�s Zander Municipal Home Rule Law Section 10(1)(ii)(d)(3) et seq. u C) Purposes. This section encourages flexibility in th design and de': pment of land in order to promote its most appropriate use and tot+eserve as permanent apen space important natural features and resources, wildlife hab�at, water resources, ecol©gical ''systems and scenic areas for the benefit of present and'tutu'eresidenN9 ,, A cluster sub"vision plan may involve grouping development on one or more' prti'ns of a parcel, and modifying the minimum lot, area, setback or frontage requirementsm, order to achieve one or more of the following specific purposes: 1) Long-term protection of natur -made re so ens identified in the Town Plan and this Chapter. 2) Compatibility with surrounding Ian us ani s tall character of the neighborhood in which the pro;, dosed for su sion is lo'eated. Via.. 3) Provision of quate se` Vicks and vis buffers from adjoining properties. 4) Contribution to wn wi open space ming by creating a system of permanently preserved open sesFME inks between existing and potential future open 5) eservationo� en spa here the preserved lands border active agricultural land or and which is su fora ` ural use. 6) �Pr tion of groan end suace water, regulated wetlands, steep slopes, floodplains or unique areas of nat , scenic or historic significance. 7) Mitigatio sign' 3 ant environmental impacts identified through application of the State Envirou'ra Quality Review Act requirements. 8) Reduction of number of new roads or driveways obtaining access from existing public roads and reuction of the amount of new road that may be required to be dedicated to the Town. 9) Protection of a designated Critical Environmental Area. 10) Maintaining the operation of recreational resources, such as golf courses. D) Preservation of land. A cluster subdivision accomplishes the purposes set forth above by reducing the generally applicable minimum lot size and bulk requirements of this Chapter and Chapter 210 for the zoning district in which the property is located, and by grouping residences in those areas where development would have the least impact on identified natural and community resources. The approved cluster subdivision plat shall identify, with specificity, the location and type of any resource(s) to be preserved. The resource(s) shall Page 27 Land Subdivision Law Public Review Draft August 22, 2007 then be permanently preserved as provided in sections "S", "T" and "U' below. . E) Applicability. This section shall be applicable only to land parcels within the R -4A, R -2A, R - 1.5A, or R-20,000 districts which are twenty-five (25) acres in size or greater. Nothing herein shall be construed as to prevent the use of cluster subdivision design for lots of less than twenty-five acres. An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size which is partially or wholly located in the R -4A, or the R -2A, or the R - 1.5A, or the R-20,000 district shall, at the time an application for preliminary subdivision approval of a conventional subdivision is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in this Chapter. An application for preliminary subdivision approval shall not be deemed accepted until the conceptual layout for a cluster subdi�Vtko has been received. The Planning Board, in its sole discretion, shall determine whet require implementation of the cluster subdivision plan, or whether to allow im entation of the conventional subdivision plan. An applicant may also request a ning Board to allow the implementation of a cluster subdivision plan withou " he ne present a conventional subdivision layout provided the Planning Board i isfaed t a i aximum density has been appropriately calculated and proved in<ccor ante with § , 5 of this Chapter. However, the decision to permit the implem ation olLa cluster sub on is at the sole discretion of the Planning Board. 4IL F) Cluster preference criteria. The use of a cluster Sion plan is specifically encourage when the parcel contains, in whole or in part, one or" of the following: 1) The property abuts a Center ora Hamlet district. ater vetlands occu ; t F " enty five (25%) percent or 2) Town, State and/or federal freshw, more of the site. g AW 3) Slopes of greater thaAwenty (20%) pereent occup�iw nenty-five (25%) percent or more of the site. " 4) The site cod ams a Flood Plain or Flood hazard area as mapped by the Federal Emergency Ma 6gement Agency's Flood im-surance Maps. 5) The site contains, or 1S Contiguous to; a Critical Environmental Area. 6) The site coo",an identified scenic views or scenic vistas. 7) The total amount of land included in the subdivision is thirty (30) acres or more. 8) The�total number ofots is 1"r more. 9) All orpart of the lot o parcel is included within an Agricultural District. 10) All or part",he la.or parcel is under a Forestry Management Plan. G) Required plans ;application for cluster development shall include all plans and materials required for approval of a conventional preliminary subdivision as set forth in this Chapter. The maximum number of residential lots that may be permitted and approved within a cluster development shall not exceed the maximum number of lots capable of being developed within a conventional subdivision layout of the same property prior to the application of incentive densities pursuant to §210-76 of the Town Zoning Law. Lots shown on the conventional layout shall be fully consistent with the lot, area and bulk requirements for the zoning district in which the land is located, and all applicable requirements of this Chapter and Chapter 210. H) Planning Board findings. In order to approve a cluster subdivision, the Planning Board must find that the cluster subdivision will benefit the Town and will fulfill the applicable purposes stated in this Chapter. Page 28 Land Subdivision Law Public Review Draft August 22, 2007 I) Determination of development density and minimum acreage. Upon receipt of an application for a major conventional preliminary subdivision the Planning Board shall review the proposed plan and shall, in accordance with §177-15 below, determine the number of building lots or dwelling units that could be practically created pursuant to said plan. The determination of the maximum density units for a conventional subdivision of the property shall also be a determination of the maximum density unit for the cluster subdivision of the same property. J) Minimum open space set-aside. Lands within the minimum buffer setback from existing residential uses shall be counted as part of the open space set aside. The following formula shall be used to determine the Minimum Open Space Set Aside for a Cluster Subdivision: a) With public water and public sewer: T - (W +�' x .50 = OS b) With private wells and/or septic: T - F+S+I) x.35 = OS Where �9 T = Total land area (acres) inside the bota lines o,> roject parcel. W= Total land area (acres) inside thy` "boundary lines of the , ject parcel and within a Town, or a Y.MfiC, or a�"USACOE regula etland (exclusive of any buffer area's F = Total land area (acres) inside the banary lines of the project parcel and within the 10 Year Flood Plain a where the base elevations and flood hazard rmined exclusives any flood area within a regulated state or fe nd. S = Total land area (acres side Bary Dries of the project parcel and containing slopes of p en ei '- er. I= The 116eage of r ed pub c improvements (i.e. roads, sid alks,s water ma ` ement facilities). OSMin�tim la area (acres) r ped for Open Space. s I) Incentive d,erty. Notl%t p , `ntrary provision of the Town Law, this Chapter, or Ch t� a mayit or res r the maximum residential density of a proposed cluster subdivisio n apnt proposing a cluster subdivision may also apply for an me ve adjustmen , ; `hem n density requirements of this Chapter in exchange for prove benefits to L Town accordance with §210-76 "Incentive Zoning" of the Town Zoning . In autho g the incentive adjustment to the maximum unit density pursuant to said se the Tow oard shall ensure that the benefit to the Town is permanent, and may requir h ease ants, surety or other performance guarantees that the Town Board, in its sole dis�' 'o eems necessary. Before authorizing an incentive adjustment the Planning BoardEhe Town Board shall each make a determination, in writing, that the preserved open space and other amenities meet the requirements of §210-76 of the Town Zoning Law. L) Existing structures. A proposed cluster plat may be denied where the Planning Board finds that the location of proposed boundary lines, relative to existing principal or accessory structure(s) located on the parcel, or the location of proposed means of ingress and egress for such existing structure(s) relative to proposed new lots and adjoining property would create a conflict with the orderly development and use of the lots of the cluster subdivision, or of adjoining lots, or would not fulfill the purpose and intent of this Chapter. M) Minimum acreage per lot. The Planning Board shall determine the minimum lot area and yard setbacks for each lot created as part of a cluster subdivision. In establishing the minimum yard requirements for each lot the Planning Board should avoid creation of any Page 29 Land Subdivision Law Public Review Draft August 22, 2007 "flag lots" by requiring that the minimum lot width for each lot be maintained back to the building line. N) Dwelling unit type and location. Single family detached dwellings, single family semi - attached dwellings, and Town House dwellings, shall be the only dwelling unit types permitted in a cluster subdivision. The Planning Board is specifically authorized to require a mix of dwelling unit types within the cluster subdivision. In addition, where the development property abuts a Center or a Hamlet district the Planning Board may require the clustering of the units along the boundary of said Center or Hamlet district, and is specifically authorized to reduce the otherwise applicable yard setback and buffer setback distances to ensure that the units are placed against or in close proximity to the district boundary line so as to appear as an extension of the Center or Hamlet district. 0) Location of open space. The Planning Board is authorized to:requirethe reconfiguration of a cluster subdivision to ensure that the open space to be faro§ected under the plan generally consists of large contiguous land tracts unbroken by i.n�Eerveniriglots, structures, roads or driveways. In order to achieve a continuity of opens ate,#lands ah4 _ void fragmentation, not less than seventy percent (70%) of the lands so prgserved shall be usably open space. P) Pedestrian access. The Planning Board mai require. that the clustef subdivision layout include sidewalks and trails for pedestrian.ciration. Such pedestrian acfess ways shall be designed and installed to meet the needs of the ,residents' f the cluster subdivision. Where practicable, the Planning Board shall require ide?valk or pathway links to adjoining residential and commercial development.; Q) Water supply and sewage disposal r. supply and sews a disposal facilities serving the cluster subdivision shall be design dance wit applicable County Health Department standards and shall be pr ,are da ansed professional engineer. R) Utilities. All teleph natural gas, -4 ric ari rnilar utilities serving the cluster subdivision shall b i derground S) Open space pr `41111 "tion re ements. open space land meeting the requirements of section '7 above s e set side as permai iit open space. The open space may be owned 5ff and managed in one at Y o a s " 1) O pres' d open space area may be: As one or sepaat 'a arcel(s) owned in common by the residents of the cluster .subdivision t - gh a owner's association (HOA) formed in accordance with ate law and a oved lay the Office of the State Attorney General; or b) or more arate parcel(s) owned in fee by the Town of Poughkeepsie or by a qua' ' not-fo rofit conservation organization acceptable to the Town Board; or c) As one separate parcels owned in private ownership, which may, in the event of open sp partially located on a number of lots, be owned by one or more owners. In all ca es, there must be appropriate restrictions and covenants placed in the deed(s) to said lot(s) to ensure the permanent preservation of the open space. T) Prohibited use. No portion of the open space shall be used for residential, industrial, or commercial purposes except in connection with active agricultural, recreational, or forestry use, or other permitted uses of Open Space as stated in the provisions regarding "Usable Open Space" and other provisions of Chapter 210 and this Chapter. The only structures or driveways permitted in the open space shall be those serving the agricultural, recreational, or forestry use. New utility lines shall be placed underground. U) Preservation and enforcement. Open space set aside in a cluster subdivision shall be permanently preserved. Where an acceptable grantee of a conservation easement may be Page 30 Land Subdivision Law Public Review Draft August 22, 2007 found the open space shall be protected by a perpetual conservation easement restricting development of the open space land and allowing use only for active agriculture, forestry, active or passive recreation or protection of natural resources, pursuant to §247 of the General Municipal Law and/or §§49-0301 through 49-0311 of the Environmental Conservation Law. Said conservation easement may be granted to the Town with the approval of the Town Board, or to a not-for-profit conservation organization qualified pursuant to §49-0303 of the Environmental Conservation Law and acceptable to the Town Board. Such conservation easement shall be reviewed and approved by the Planning Board and be required as a condition of plat approval hereunder. Such conservation easement shall provide for enforcement pursuant to applicable provisions of law, and shall, at a minimum, allow for enforcement by the Town. Where an acceptable granted; of a conservation easement may not be found, the Planning Board shall insure that pr a cotenants and restrictions protecting the open space are recorded in the chain of titl °d provide enforcement powers to the Town. Such restrictions may also, at the Plante ard's discretion, provide for individual enforcement of covenants and restrictions b t ow w;within a subdivision. V) Plat notations. Open space created by a cluster a Final Plat as to its use, ownership, managers , met any, of the owners in the subdivision to such. ' d. The space land is permanently reserved for op ce pur references to any conservation easements or r cti. implement such reservations or restrictions. W) Recording. All relevant documen - ffecting the op restrictive covenants and the like ,<e recorded is Clerk's prior to or simultaneously wii g of the County Clerk's Office. :)n mu ,clearly labeled on the of - 3e 'on, and the rights, if ., .t shall clear ,, ow athat the open es, and shall c in appropriate venants required to be filed to ace lice' conservation easement, Office of the Dutchess County Subdivision final plat in the X) Ownership of residential units in a cluse;"project Bultaneously with or after Planning Board approval of a AuMe "subdivision ° ti mg the standards of this section relating to protection of opeqspace, 4"il ;;Planning1 c and may additionally approve the filing of the project as a condominium ur c r the laws of 1ha:State of New York, in which the residential ieid units in the project would be.,'de condominitn ownership. § 177-15. Maximum density calculation for a major subdivision. A) Marcum Density Unit-calculationw'' The maximum number of Density Units (i.e. units per acre or"DU`) in a ma subdivision shall not exceed the maximum allowable DU, as calculated: below, for the',"""strict in which the property is located prior to the application of any incentive densities pursuant to §210-76 of Chapter 210. Any regulations contained in this Chapter and in Clspter 210 restricting the number of dwelling units permitted in a conventional subdivision shall also restrict the number of dwelling units permitted in a cluster development `' The maximum DU for a major cluster subdivision shall not exceed the maximum DU fora major conventional subdivision of the same lot. B) The calculation of Buildable Yield (`BY") for any major subdivision shall be based on the following formula which shall be applicable to all major subdivisions as defined in this Chapter and in Chapter 210. The Buildable Yield shall be used to determine the number of Density Units ("DU") that can be constructed on the site pursuant to the area, yard and bulk chart. The Buildable Yield shall be calculated in one of two ways: 1) Yield Sketch Plan. This calculation requires the preparation of a Sketch Plan in accordance with the standards of this Chapter, containing proposed lots, streets, rights- of-way, sewage disposal system and water supply locations and setbacks, easements, and parkland areas. If the parcel is not proposed for connection to central sewage disposal facilities the calculation shall also include an assessment and certification by a Page 31 Land Subdivision Law Public Review Draft August 22, 2007 Professional Engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Sketch Plan shall be based on a topographic and boundary survey of the property showing the site conditions as of the time the Planning Board conducts its review. The topographic information shall include contours at not less than two foot intervals as well as the location of wetlands and wetland buffer areas based on a current field delineation; streams, water bodies and associated buffer areas; significant trees and tree clusters; and rock outcrops unless otherwise waived by the Planning Board. The Planning Board, in its sole discretion shall determine whether the Yield Sketch Plan is realistic and reflects a development pattern and DU calculation that may reasonably be implemented. 2) Formula Calculation. This calculation requires that the BYIs, determined by subtracting ......, the Constrained Land areas of the property (i.e. Town, , Sbh6and USACOE regulated wetlands, and lands within the 100 year Flood Plam ea, and steep slope areas of greater than 25%) for which the applicant has not secure sand has not submitted to the Planning Board permits or approvals that would at w deve pment in such Constrained Land areas, and the areas required for public IC sidewalks, storm water management facilities, etc.), as follows.`' �F a) T - (W+F+S+I) = BY NI - E F Wheren;. T = Total acreage inside the boundary lines bf the project parcel. W = Total acreage inside t ndary lines o'he.project parcel and within a Town, a NYSDEC, o C.OE regulated *etland (exclusive of any buffer area). tia F = Total acreage inside the b in lineVgo projectparcel and within the 10� "tlood Plain a wherase elevations and flood haz are 01ermined exclusive of any flood area within a regulated tow„ tate or " dral wetland. S Total a eage , 01 the bout ary lines of the project parcel and ',,,%,jpOtainines or greater. Two oreag df ,required public improvements (i.e. roads, sidewalks, storm r management facilities). ` Y = Maxi mu` umbe ,,6 acres that can be developed and that form the basis for erminmg the maximum number of residential dwellings hat may b' , reated per the area, yard and bulk chart. b) The lcul on set forth above shall be adjusted to include, in whole or in part, the Con d Land area(s) for which the applicant has secured the necessary permits o ; pprovals from applicable local, state or federal agencies authorizing development in such area(s) and has submitted copies of said permits or approval to the Planning Board. If the parcel is not proposed for connections to central sewage disposal facilities the plan shall also include an assessment and certification by a Professional Engineer as to the suitability of the soils to accommodate individual sewage disposal systems. The Planning Board in its sole discretion shall determine whether the plan is realistic and reflects a development pattern that could reasonably be implemented. § 177-16. Reserved. Page 32 Land Subdivision Law Public Review Draft August 22, 2007 ARTICLE IV GENERAL REQUIREMENTS AND DESIGN STANDARDS § 177-17. Construal of provisions; waiver. A) The following shall be deemed to be minimum requirements and will ordinarily be waived by the Board only under circumstances set forth in Article VII hereof. § 177-18. Streets. A) The arrangement, character, extent, width, grade and the Official Map and the Town Plan and shall be consii planned streets, to topographical conditions, to public appropriate relation to the proposed uses of the land to .01 B) Where such is not shown in the Official Map or Town subdivision shall either: the 1) Provide for the continuation or appropriate projection of surrounding areas; or „ Fyaua 2) Conform to a plan for the neighborhood appi particular situation where topographical or conformance to existing streetAracticable or C) Minor streets shall be so laid out thap, L by D) Where a subdivision abuts or contains `" require marginal access streets, revers access reservation al a', prope other treatment as may b ' essary for afford separatioxl c through local tri streets shall conform to t relation to existing and and safety and in their such streets. of streets in a al streets in adopted by the Board to meet a conditions make continuance or be discouraged. roposea arterial street, the Board may een planting contained in a non- ee ots with rear service alleys or such protection of residential properties and to E) Where a subdivision frder contains a ilroad right-of-way or limited access highway approximately parallel to and on each side of right-of-wa the Boar r app Y ter, such rk� a chs suitab a the appropriate use of the intervening land, as for par4"urposes in ntiaricts or for commercial or industrial purposes in appropriate di"i ts. Such dist a' shal a determined with due regard for the requirements of o' � apprc�$ grades and e grafi; F separations. F) Where at"','_ is subdi d into lots substantially larger than the minimum size required in the zoning" rict in wbh a subdivision is located, the Board shall require that streets and lots be laid ou er `future resubdivision in accordance with the requirements contained in these regula11 tion ' . e Board may waive this requirement where: 1) A condition offnal approval is that said large lot(s) will not be further subdivided; and 2) A notation is placed on the final subdivision plat stating that the lot(s) will not be further subdivided; and 3) A restrictive covenant is filed in the Office of the Dutchess County Clerk prohibiting the further subdivision of the parcel and granting the Town the right to enforce the prohibition. G) Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the Town under conditions approved by the Board. Certain proposed streets may be required to be extended to the boundary line of the tract to be subdivided to provide adequate access to tracts which may be subdivided in the future. Page 33 Land Subdivision Law Public Review Draft August 22, 2007 H) The use of through -roads within new subdivisions is required unless otherwise prohibited, and only where the Planning Board determines that a through -road is infeasible or that a cul-de-sac road would better protect the public health and safety. The right-of-way of any through -road shall extend to the boundary line of the parent parcel in a location approved by the Planning Board so as to ensure the potential future continuation of the road through the adjoining property. The creation of loop residential streets and superblocks may be permitted wherever the Board finds that such type of development will not interfere with normal traffic circulation in the area, provided that interior parks are covered by appropriate covenants as to maintenance. Subdivisions containing 50 lots or more shall have at least two connections with an existing or proposed improved public street(s). I) Street jogs with center -line offsets of less than 125 feet shall no . ermitted except with the approval of the Board. `�, J) A tangent at least 100 feet long shall be introduced bet verse curves on arterial and collector streets and may be required on all other stre I� When connecting street lines on minor streets more than 10°, they shall be connected by a c 011 street of at least 125 feet. On collector and following center -line curve functions shall be` Central Angle 0001'to 15000' 15°O1' to 30°00' 30°01' to 40°00' Intersecting angles exceeding 400 will"'! Board in the tease of alr s' treets. s L) Streets shall be laid out so as to intersect as shall intersect any otl x ;street:tan mangle of M) Prope a gree ct�taffs N) Street shown given m each r at any one point by a radius a center line of the ts, in identic „' umstances, the Tangent (feet) 100 200 consideration by the ly as possible at right angles, and no street than 60°. h*'4me curbs a`t street intersections shall be rounded with a radius of 25 feet or of er radius Prez, the Board may deem it necessary. The Board may permit comparable or chords in p aee„ of rounded corners. fight -of -way widfh� shall be as shown on the Official Map or Town Plan and where not therein shall not iie less than as follows: Street TyppRight-of-Way (feet) Arterial 70 Collector 60 Minor, for row houses and apartments 60 Minor, for other residences 50 Dead-end 50 Marginal access 50 O) Half streets shall be prohibited, except where essential to the reasonable development of the Page 34 Land Subdivision Law Public Review Draft August 22, 2007 subdivision in conformity with the other requirements of these regulations and where the Board finds it will be practicable to require the dedication of the other half when adjoining property is subdivided. Wherever an approved half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract. P) Dead-end streets shall not exceed 400 feet in length as measured from the intersection with an existing or proposed public highway to the center of the cul-de-sac circle, and shall be provided at the closed end with a turnaround having an outside roadway diameter of not less than 100 feet, or a diameter of less than 100 feet upon approval of the Town Highway Superintendent. The dead-end street shall terminate in a location approved by the Planning Board and the Town Highway Superintendent, but the termination of a dead-end street before the boundary of the parent parcel is to be avoided.,,', ','Al wl dead-end streets shall terminate at the boundary of the parent parcel so as to allow,,,,,,,,,,: future extension of the road through the adjoining property unless the Planning Boar on the recommendation of the Town Highway Superintendent, determines that site c 1 .... do not warrant terminating the road at said parent parcel boundary. Q) No street names shall be used which will duplicate ox` maybe confused with the names of existing streets, either in the city or in th�T'own. Street names�saall be subject to the approval of the Board. k R) Street grades. 1) Street grades, wherever feasible, shall not exceethe following, with due allowance for reasonable vertical curves: Street Type 11� .., , Pei Arterial Collector `N Minor and dead _end � 10 y Marginal access, s. 7 MAJU 4 Par3aa#'Tian Wkarsv.'' 20 S) Whera the grade of"5 estrian walkways exceeds 20%, steps of an acceptable design shall be requir'` 13 1) No street ade shaltqe less than 1%. 2) Within the "wlar area formed at corners by the intersecting street lines, for a distance of 404'et from their intersection and the diagonal connecting the end points of these lines, visibility for traffic safety shall be provided by excavating, if necessary. Nothing in the way of fences, walls, hedges or other landscaping shall be permitted to obstruct such visibility. 3) All changes in street grade shall be connected by vertical curves of a minimum length equal to 15 times the algebraic difference in the rate of grade. 4) It is the purpose of these specifications to establish minimum acceptable methods of street construction including widths and development of right-of-way, paved roadway, storm drainage and other utilities in the Town of Poughkeepsie. Dedication of the right- of-way will not be accepted until the developer's professional engineer or licensed land surveyor and the Town Superintendent of Highways shall have certified to the Town Page 35 Land Subdivision Law Public Review Draft August 22, 2007 Board that the development of the street has been completed in accordance with the approved plans which shall conform to the following specifications. Upon receipt of a request to accept a road as a town road, the Town Board shall refer said request to the Planning Board and the Town Engineer for a report thereon, and the Planning Board and the Town Engineer shall issue recommendations to the Town Board within thirty (30) days of the date of said referral. 5) The plan of the proposed street shall be prepared by a qualified engineer properly licensed by the State of New York. The plan shall clearly define the limits of the proposed right-of-way and shall include the location, profile and grades of proposed roadways, storm drainage, including culverts and other drainage structures, and the location of easements and utilities. The plan shall first be submitted tome Town Superintendent of Highways and/or Town Engineer, and then to the Coura:' superintendent of Highways when any street drains toward a county highway, and. t1en to the Town Planning Board for review and approval under the applicable subdiv'isionlibgulations of the Town. Such plans so submitted shall not be altered or amendsI after laying been approved by the Planning Board, except after amended plans Dave =been resL itted and approved as above. However, the developer shall, at his or erYown expense, p de additional storm drainage facilities as may be ordered by the Town SI4 erintenc' M,-ghWays if, during the progress of the work, in the opinion ' f the Town ,Superintendent ofd Highways, the Town Engineer and/or the County Supe�ten 'O sof Highways;: such additional structures or facilities are necessary to assure tine durability of pavement and future maintenance of right-of-way. , § 177-19. Alleys. A) Alleys shall be provided in commex waive this requirement -where other such as off-street loMP, W' oadin. proposed. 61 B) The width of an C) Alley L01 § 177-20. and less than in g `s =a 7 to Derma a iii#_ g ,.districts, except that the Board may nd ass provision is made for service access, king conistent with and adequate for the uses 'ignment shall be avoided, but where necessary, safe vehicular movement. avoicedwbere possible, but if unavoidable shall be provided with ities at ane dead end, as determined by the Board. A) Easements aeiross lots or centered on rear or side lot lines shall be provided for utilities where necessarFin"shall be at least 12 feet wide. Wherever possible, easements shall be continuous from bck to block and shall present as few irregularities as possible. B) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith. § 177-21. Blocks. A) The lengths, widths and shapes of blocks shall be determined with due regard to: 1) Provision of adequate building sites suitable to the special needs of the type of use Page 36 Land Subdivision Law Public Review Draft August 22, 2007 contemplated. 2) Zoning requirements as to lot sizes and dimensions. 3) Needs for convenient access, circulation, control and safety of street traffic. 4) Limitations and opportunities of topography. B) Block lengths shall not exceed 1,000 feet (unless specified by the Planning Board). Q Pedestrian crosswalks, not less than 10 feet wide, may be required where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. § 177-22. Lots. A) The lot size, width, depth, shape and orientation a: shall be appropriate for the location of the subdivisi use contemplated. B) Lot dimensions shall be such as to c Department of Health and the requirem 1) Residential lots shall conform to the the rules and i iter 210, Zoning. 2) Depth and width of properties reserved or i purposes shall be adequate td provide for the required by the type of use and deiapment con Q All corner lots shall provide yards equal to the f district in which such lots are situated along both" walkway.� D) The subdividing of the land shall be such MAas to pro, with satisfactory access to ari'existing public street. I) Side loi lines shall be G) No lots sha'] danger to lif set aside for § 177-23. Reserved. building setback lines .)e of development and of the State iapter 210, Zoning. t for commercial and industrial pet service and parking facilities depth required in the zoning along any required pedestrian by means of a public street, each lot age lots shall be avoided except where essential to provide opment, from traffic arteries or to overcome specific orientation. A planting screen easement of at least 10 feet no right of access shall be provided along the line of lots her disadvantageous use. at right angles or radial to street lines. in land subject to flooding for residential or any other use where or an aggravation of the flood hazard may result. Such land may be shall not be endangered by periodic or occasional inundation. § 177-24. Parks and playgrounds. A) The Planning Board may require adequate, convenient and suitable areas for parks and playgrounds or other recreational purposes to be reserved on the plat but in no case more than 10% of the gross area of any subdivision. The area shall be shown and marked on the plat "Dedicated for Park or Playground Purposes." B) If the Planning Board determines a suitable park or parks of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may require, as a condition to approval of any such plat, a payment to the Town of Poughkeepsie in the sum of Page 37 Land Subdivision Law Public Review Draft August 22, 2007 $5,000 per lot (e.g., a ten -lot subdivision: $50,000), and such money shall be used by the Town for park and recreation purposes, including the acquisition of property. The current provision which provides that said provision shall not be applicable to subdivisions of two lots or less means that said lots do not pay a recreation fee. C) In requiring the set-aside of land for recreation or the payment of a fee in -lieu of recreation land the Planning Board shall adhere to the requirements of §277, Subdivision 4, of the Town Law, which provides for the reservation of parkland on subdivision plats containing residential units. § 177-25. General grading. A) No final slope on the property shall exceed the normal angle "of repose of the soil of such slope and, except where slope consists of a natural rock formatio.. in no case shall it be greater than 1:3 unless such slope is sodded and/or supported" b§'P retaining wall of a design acceptable to the Planning Board. § 177-26. Reserved. § 177-27. Reserved. ARTICLE IV DOCUMENTS TO BE SUBMITTED § 177-28. Pre -application plans and data; minb'r and"n '17" r subdivisions. A) The following doc„ ents s be submitterprior to a�formal application for conditional approval: . 1) General subdivi znfofrmatzon shall d6s'&ibe or outline the existing conditions of the site a propos �x eve - xJ. cessary to supplement the drawings required be rmatxo _may includ data on existing covenants, land characteristics, .... availab mmun facilities and utilities and information describing the division pro such ';,number of residential lots, typical lot width and depth, range, bus in" areasi p ygr ds la oun, park area and other public areas, proposed pro 've covenant : - d proposed utilities and street improvements. 2) The to phic s y shall show the proposed layout of streets, lots and other features in relatio -existing conditions. § 177-29. Preliminarlayout and accompanying data; major subdivisions. A) The following documents shall be submitted for preliminary plat approval: 1) Subdivision application must be completed in full. 2) Consent of Property Owner(s) form must be completed in full with original signatures. 3) Fourteen (14) Full Environmental Assessment Forms must be completed in full. 4) Three (3) photographic enlargements at a minimum scale of 1 inch = 100 feet. Clearly outline subject parcel, street that it is on and adjacent streets. Label the back of the map with the project name and grid number. 5) Fourteen (14) folded copies of the plot plan at a scale of not less than 1 inch = 50 feet on a Page 38 Land Subdivision Law Public Review Draft August 22, 2007 24" x 36" sheet. Plus, 14 copies of the plot plan reduced in scale on 11" x 17' paper in addition to the full size set of plans. The plot plan shall show: a) Proposed subdivision name, date, North point, scale, name and address of record owner, subdivider and engineer or surveyor. b) Site data table listing the name of any school, fire or special districts, zoning designations of parcel, required and proposed lot area, required and proposed lot width, required and proposed road frontage. Lot sizes must be shown in square feet and acres. c) Location map: scale 1 inch = 400 feet. Tax map is acceptable. d) Location of existing water courses, marshes, rock with a diameter of 8 inches or more and other sig e) Location of existing sewers, water mains, culvert property with pipe sizes, grades and direction (4` f) Existing contours with intervals of five feetbr�les g) Location of existing property lines, streets, easen h) All proposed streets with profiles iridic g„grad community areas, with approximate eii” i) The approximate location all proposed Ovate sewer lines with profiles in' . connections a means of water supply or se ' " "sal and tri Health Law. „w, and d areas, single trees features. and drains on the public or valves and hydrants and of all -xisting lines or alternate t:as provided in the Public j) Storm drainage plan. k) The names of"al proposed streetsCdys a the cross sections of proposed streets showing the width of roadwe location and width of sidewalks, and the locations and,size of utility lines. g� r 1) Deeds of cession of streefs,.rtghtsof-vi y, easements and any sites for public use and copies"of agreem IntA covenants ox other documents showing the manner in which areas to'be xeservei the common use of the residents of the subdivision is to be maintained,.al:certife as to their legal sufficiency by the Town Attorney. 1 41f the applicantovers only a portion of the applicant's entire holding, a map of the entire tract, drawl at a scale of not less than four hundred (400) feet to one inch showing an outlni6 of the plotted area must be shown on the plans. n) Names, "addresses, and tax identification numbers of all adjacent property owners. o) Sanitary and Sewer Notes, Water Notes and Special Notes for Plans required by the Town of Poughkeepsie Engineer, to be incorporated in the plans (if applicable). p) If the application covers only a part of the applicant's entire holding(s), together with all parcels owned in whole or in part by the applicant must be disclosed on the plans. 6) Copies of such covenants or deed restrictions as are intended to cover all or any part of the tract. 7) A storm water pollution prevention plan (SWPPP) consistent with the requirements of Chapter 173, Part 2, Articles II, III and IV, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 173, Part 2, Articles III and IV. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 173, Part 2, Storm water Control. Page 39 Land Subdivision Law Public Review Draft August 22, 2007 § 177-30. Plat and accompanying data; minor and major subdivisions. A) The following documents shall be submitted for final plat approval: 1) The plat shall be drawn in ink on tracing cloth in sheets not exceeding 24 inches by 36 inches and at a scale of not less than 100 feet to the inch. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block numbers clearly legible. 2) The plat shall show: a) Subdivision name, date, scale and North arrow. b) Certification of title showing ownership. c) Names of owners of adjacent land. d) Certification by a licensed engineer or surveyo taccuracy of the survey and plat. e) Primary control points (wherever possible" 'utding monum „ included in the state 31 system of plane coordinates or referece points previously blished by public authority) or descriptions and ties,u"ch con 1 points, to w Bali dimensions, an les bearin s and similar data on t" g g p,t sha " , ...,referred. f) Boundaries of the property; building or se ines if different from those required in Ch. 177, Zoning, and lines of streets, lots, ations, easements and areas to be dedicated to public use; leagths and deflectio " les of all straight lines; radii, lengths, central angles, long chords and tangent es of all curves. All lengths shall be in feet and decimals of a foot,' and all angle " all be given to the nearest 10 seconds or closer if deemed necessary :bY die,surveyor. The error of closure shall not exceed one to 10 thousand. z g) Area of all.los m square feet. Of h) The location; materiaand size of all permanent monuments. y�. i) Proposed street names W i) ;Designatiand piirose of all areas to be dedicated or reserved for public use and of any streeffiw ch are not to be dedicated. 3) deeds of cession alb treets, rights-of-way, easements and any sites for public use and copes, of agreemen covenants or other documents showing the manner in which areas to i e 'eserved for e common use of the residents of the subdivision are to be maintained, all certified as to their legal sufficiency by the Town Attorney. 4) Cross section$ azid "profiles of all proposed streets showing existing and proposed grades. The cross sections shall show pavements and, where required, gutters, curbs and sidewalks. 5) Street trees are to be planted by the subdivider, planting plans showing the types and spacing of trees. 6) A storm water pollution prevention plan consistent with the requirements of Chapter 173, Part 2, Articles II, III and IV, and with the terms of preliminary plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 173, Part 2, Articles III and IV. The approved final subdivision plat shall be consistent with the provisions of Chapter 173, Part 2, Storm water Control. § 177-31. Reserved. Page 40 Land Subdivision Law Public Review Draft August 22, 2007 ARTICLE VI STREETS § 177-32. Preparation and submission of highway plan. A) Plans including profiles and construction details of the proposed highways shall be prepared by a qualified professional engineer properly licensed by the State of New York. The plans shall clearly define the limits of the proposed right-of-way and shall include the location, widths, profiles and grades of proposed roadways, typical road sections, storm drainage, including culverts and other drainage structures, and the location of easements and utilities. Plans shall first be submitted to the Town Planner for review, and approval under the applicable subdivision regulations of the Town. When any Proposed= highway drains toward or may otherwise affect a county or state highway,plans shall be submitted to County Commissioner of Public Works or New York State De, pA' A" of Transportation for their review and comments. Such plans so submitted shall `aiot be altered, modified or amended after having been approved by the Planning Boar4m , ess.revised plans are resubmitted and approved by all proper authorities. If construction' as not been started within one year from the date of final approval by the Town Planning Board, plans shall be .,resubmitted and approved as above. B) Security; performance bond. L �£. 1) Prior to the start of construction of any approved highway, the developer shall deposit with the Town Clerk a peror z; bond by a bonding company licensed to do business in New York of acceptable surety; "5 .. ,deposit with"t chief fiscal officer of the Town acceptable negotiable governmen on or certifie&check drawn upon a national or state bank payable at sight to the Tow nteeing that: 2) Within two years;hdeveloper comple "" the construction of all required improvements within t Wight -of -way n accordance with the approved plans and these specifications; 3) Upon certleaA"i by t developer' ='professional engineer and by the Town Super �ten�dent of Iii a � 1 dfistruction of the highway has been completed in accordance,°:,; the aproved plank and specifications, the developer will dedicate the highway free aux clear o liens and encumbrances. This guaranty of dedication shall w poly to the owl of theperty as well as the developer where the two are not 4) The Qveloper shall aintain to the satisfaction of the Town Superintendent of Highways such ixncwements r a period of one year from the official date of acceptance of such 5) As guaranty the performance of the above requirements, the developer shall deposit, as heretofore. t forth, a surety bond, negotiable government bonds, cash or a certified check in the amount of 100% of the total construction cost. This amount shall be determined by the Town Superintendent of Highways. Upon certification by the Town Superintendent of Highways that the construction of the right-of-way has been completed by the developer in accordance with the plan and the Town specifications and after the Town Board has been satisfied that the stipulated guaranties have been complied with, the Town Board may release the bond, surety, cash or certified check to the developer or his or her assigns, except that the Town Board shall require a maintenance bond in the amount of 10% of the original road bond for a period of one year from the date of such official completion as guaranty that the developer shall maintain such completed right-of-way as set forth herein. At the expiration of the one-year maintenance period the Town Board shall release such maintenance guaranty to the Page 41 Land Subdivision Law Public Review Draft August 22, 2007 developer or his or her assigns, provided that prior to such final release of guaranty, the Town Board may deduct from such deposit all just charges for any maintenance, exclusive of charges for plowing of snow which the Town may have incurred for work on such right-of-way during the one-year period. The Town Superintendent of Highways will request a hold harmless agreement for any damage done during winter maintenance operations such as sanding, salting or plowing. Q Insurance. The developer shall procure and maintain at his or her own expense and without expense to the Town, until final acceptance by the Town of the work covered by approved plan and specifications, insurance for damages imposed by law, of the kinds and in amounts hereafter provided, in insurance companies authorized to do such business in the state covering all operations under the approved plan and specifications, whether performed by him or her or subcontractors. Before commencing the work, t, developer shall furnish to the Town a certificate or certificates of insurance in form satisfactory to the Town showing that # he or she has complied with this subsection, which cer ici or certificates shall provide that the policies shall not be changed or canceled untie thirty { ':'Vays' written notice has been given to the Town. The kind and amount of insurance is as fol, OWS: D) Liability and property damage insurance: UnleE specifications, each policy shall have a combined. E) Inspection. The developer shall afford the opportunity to inspect the work in order that 1 himself or herself that these minimum speci inspections shall occur at the following listed developer shall give the Superintendent'- at lea expected completions and shall not, proceed Superintendent or his or her agent has approved`' 1) Upon 2) Upon completion of the otherwise specifecall equired by special igle limit of $3,000,0 Town aoerintendent ,of Highways the ori she, the Superintendent, may assure ad'' are being complied with. Such laces .order of construction, and the two notice, in writing, of such o the next order of work until the at which time the developer shall furnish the ;o dig or have dug test holes to establish and confirm the depth and quality of the foundation course. p 3) The .:S a tendent ox his or lien re resentatives shall be given access to the work at all times inor fat he or she may inspect the work as it progresses. enance during d&e1opmeht,.construction prior to final acceptance. It is expected and it is understood that as part of conditions of approval of the subdivision, the developer shall agree to aintam the ro Acis giving access to the houses in such condition that the residents shall have Vie, convene access. The minimum conditions for such access are listed below: G) Paved 1) The edges of thf`road (i.e., the gutter line) shall be kept free and clear of debris, stone, gravel or an '° material which gr y prevents the free flow of water. Driveways shall be so constructed that the flow line remains clear. 2) The storm sewer system shall be kept clean and operational. 3) The surface pavement shall be maintained on a continuing basis. Soft spots or other structural defects shall be repaired immediately by excavation and replacement with approved material. "Immediate" shall be considered to be 24 hours from the time of oral or written notification by the Superintendent to the developer, unless arrangements are made, satisfactory to the Superintendent, to protect the traveling public by lights and barricades until such time as repairs can be made. Potholes and edge raveling shall be remedied on a continuing basis or as ordered by the Superintendent. Repairs shall be made with asphalt concrete (hot mix when available). Page 42 Land Subdivision Law Public Review Draft August 22, 2007 4) Permits. No certificate of occupancy shall be issued unless the three-inch asphalt concrete base course has been completed back to the nearest paved road. 5) All lots must have preliminary plot plans furnished to the Building Inspector, indicating house location and drainage flow patterns with elevations relative to road surface before building permit can be issued. H) Before a certificate of occupancy is issued, a final plot plan must be furnished to the Building Inspector for his or her review. A certified plat plan may be required and must include the stamp and signature of a licensed professional engineer or land surveyor where deemed necessary by the Building Inspector. I) Dedication. Conditions to be satisfied before the Town Board, ; siders the acceptance of a new highway: J) A set of as -built plans of the highway, showing right -o es, drainage and water and sewer easements where installed by the developer, a roa enter -line profile must be submitted to the Town Engineer and Highway Suki endent se plans must bear the stamps of a licensed professional engineer.` I) Metes and bounds description of all rights -of- ''y and easements prepared b a, licensed land surveyor must be submitted to the Town C L) The plans and descriptions must be rewe a 'down Engineer and Highway Superintendent who shall indicate his or her appro her by letter to the Town Board or by the stamping of said plans and descriptions. This be done within five (5) working days. M) The submitted deeds must be checked b Q n ttorn , ` as to form and sufficiency. A title insurance policy may be substitud m lieu oit lo search if approved by the Town Attorney. N) The work completed on the Highways at tlif,. date of submittal must be approved by the Town Highway Superintendent, a4the Town Board shall be notified of this approval. O) Approved permanent concre o granite monuments shall be set according to the Town highway specifications 'rid as directed bphe Town Engineer, and their locations shall be shown xo"n the1-.rdad plan popper ro embedded in concrete shall also be acceptable as a permanent morinrneti. These monuments must be physically shown to the Highway C�irarintanrlPnt aTd%(fT EnfflZleeYafe4uested within two weeks after their installation. § 177-33. 177-34. Construction specifications. A) Right-of-way layot The developer shall establish and clearly mark on site the limits of highway right-of-way and easements, the center line and grades of the road pavement and the location and elevation of drainage and drainage structures if and when required by the Town Engineer or Highway Superintendent. B) Clearing and grubbing. 1) The developer shall clear the entire area within the limits of: a) The highway right-of-way, unless certain trees or other features have been identified on the approved plans, or the negative declaration, or findings statement as features to be preserved. b) Stream channels and ditches. Page 43 Land Subdivision Law Public Review Draft August 22, 2007 c) Easement areas. 2) All roots and stumps shall be grubbed, excavated and removed from the above areas. Q Excavation, filling and rough grading. 1) The developer shall complete the shaping of the highway right-of-way, streams and ditches and easement areas to the line and grade as shown on the approved plan and as otherwise may be directed by the Town Superintendent of Highways. All unsuitable or unstable materials shall be completely excavated and removed from the right-of-way. 2) Where fills are necessary to complete the required line and grade, the materials incorporated in the work shall be acceptable to the Town Superintendent of Highways and shall be placed in layers not exceeding twelve -inch dept2= ;`tach layer to be thoroughly compacted by rolling. All compaction shall continue until the fills are firm and unyielding. Special care shall be exercised in pace and compacting material immediately adjacent to pipes in order to avoid damage t &hp pipe and to prevent pipe misalignment. 3) The area between the road shoulder edge or curb ng"and the right of -way line must be graded and seeded in order to prevent erosion. � y, 4) The rough grade of the road pavement and curb areas shall be complete' within one inch above or below finished subgrade as shown on t�.e::approved cross section of the right-of- way improvement. ti 5) Earth shoulders and flow line ditches and gutters shall be maintained in satisfactory condition at the developer's expend times during �°course of construction of the subdivision and until such time athe T $oard has accepted dedication of the right- of-way. el D) Trench excavation, 1) The width of� trenchrwhich the pike is placed shall be sufficient to permit thorough tamping of kfill er the haul c es; and around the pipe. Where rock in either boulder or ledge at' o encountereC't shall be removed below grade and replaced with suit, le ma%`mariner as to provide an earth cushion having a th' the pi hof not less "fan eight inches; and where there are excessively avy fills "o top the pipe, the Town Superintendent of Highways may specify t a sand cus p to o hal# (1/2) inch in thickness per foot of fill be placed over the the pipe. In , ase slim the tip of any drainage pipe be less than 18 inches below th 'shed gradei the pavement unless written permission is received from the Supe ndent of ways. Where soft, spongy or other unstable soil is encountered at the gra tablishiid, all such unstable soil under the pipe and for a width of one diameter oa of the pipe shall be removed and replaced with run -of -bank gravel or other a a material. In all cases the bed shall be thoroughly compacted and shall provide a fir oundation for the pipe. 2) Pipe line shall be laid to a true line and grade. Pipe laying shall begin at the downstream end and progress upstream, unless particular conditions require otherwise. 3) Any additional drainage facilities not shown on the approved plan may be ordered by the Town Superintendent of Highways or Town Engineer, in any case where the lack of such additional drainage would adversely affect the pavement of right-of-way. These additional facilities shall be constructed by the developer at the developer's expense and in accordance with these specifications. E) Restoration of disturbed areas. All disturbed easements shall be restored to their original condition. All debris shall be removed, including dead trees. Page 44 Land Subdivision Law Public Review Draft August 22, 2007 F) Areas shown on the approved plans, or identified in the negative declaration or findings statement as "non -disturbance area", or "area to be remain undisturbed", or identified by similar language, shall be staked out prior to the commencement of any construction and left in an undisturbed state during and after construction. G) Grades and vertical curves. All roads shall be designed so that finished tangent grades are between 1% and 10%. Every change in grade shall be accomplished with a proper fitting vertical curve. § 177-35. Drainage requirements. A) Drainage assessment. Each lot in each approved subdivision willlkbe assessed an amount as set forth in Chapter 105, Fees, as its representative share ofA."Ne cost of the off-site drainage work, whether or not this work is immediately required ank whether or not this particular M subdivision will receive any future benefit from this assessmex B) Drainage report. Y 1) A hydraulic design report prepared by a pr ssional engineer s"i all, he submitted to the Town Engineer and Highway Superint , ent together e drainage plan. This report shall contain the basic design d y uired compute the size` and type of all drainage structures and shall include such m " as volume of. runoff before and after development, capacity of receiving pipes cams, storm frequency and severity, percolation data, velocities, etc, It will be the res "'' bility of the developer's engineer to produce a drainage plan that �so contain or c of the additional runoff that is generated by this development that�roperty dama "result off-site because of it. The design engineer under his oder professional liab�li msurance will be liable for all legitimate claims of damage thaf may ze , ue a change in natural drainage patterns that was caused by this development„ " 2) If, in the opinion of the 'town officialsthe drainage plan as submitted is inadequate for the above purposes, approval will be denied. R 3) There should be enough i*rmation shove i" on plans and profiles to properly construct all the required drainage l�acilit�e 'Pype-,end size of culvert, end treatments of inlet and outlol, the ;gapge of metal pipe or class of concrete pipe, invert elevation of inlet and outlet, ditch and ,channeh section, gutters, channel protection and alignment of ditches axe some of theilif armation required on plan and profiles. C) Drainage easements The developer shall dedicate to the Town by recordable instrument all easements, as shown on l ie plot. All drainage easements must have a minimum width of 20 feet and shall; include the right to enter upon said property for the purposes of installing, maintaining an,, Tepairing the ditches and pipes as placed in such easement. D) Pipe. 1) Storm drain and culvert pipe may be aluminum corrugated, coated corrugated metal, reinforced concrete or asbestos cement type with a minimum diameter of 12 inches. 2) Round corrugated steel pipe and pipe arches, fully bituminous coated, and end sections shall conform to Section 707-02 of the current Standard Specifications of the State of New York Department of Transportation, with the following exceptions: a) All collars or connecting bands shall be 12 inches wide and shall be furnished with bolts six inches long. b) Round corrugated aluminum pipe, pipe arches and end sections shall conform to Section 707-13 of the current Standard Specifications of the State of New York Department of Transportation. Page 45 Land Subdivision Law Public Review Draft August 22, 2007 c) Reinforced concrete pipe and asbestos cement pipe shall conform to Sections 706-02 and 706-10, respectively, of the current Standard Specifications of the State of New York Department of Transportation. d) All reinforced concrete pipes shall be manufactured with slip joints or bell and spigot joints. e) Corrugated metal pipe and pipe arch connections for making field joints shall consist of corrugated bands, so constructed as to lap on equal portions of each culvert section to be connected. f) Asbestos cement pipe joint assemblies with proper accessories shall be constructed in accordance with manufacturer's standards and instruc , s. When plastic couplings are used, the asbestos cement pipes shall be pull, oge er until the machined shoulder of each pipe contacts the plastic couplin couplings and joint shoulder configuration shall be such that the maximu ac tween the ends of the pipe inside the couplings shall not be greater than oil -half (13 ch. g) Height of the fill and pipe classes shy �designe ;meet the minimum requirements of H-20 Highway Loadin 0 10, E) Treatment of culvert ends. F) U Underdrains, if required, may, be a perforated metal or porous pipe type and placed in trenches and surrounded by material which is both pervious to water and capable of pr ting the pipe filtration by the surrounding soil. r�F 2) Undercaxns must bgsloped positively to an outlet such as a drainage channel or a closed �1; drainage system. gig:', 3) The underdrains `should be placed at the interface of the pavement and shoulder or curb and should intercept the water from the highest water bearing layer of the pavement section. G) Catch basins and curb inlets. Specification and drawings on Figure 5, in the Appendix, show the minimum acceptable construction for typical catch basins and curb inlets. Whenever, in the opinion of the Town Superintendent, ground conditions or other circumstances require, larger or heavier materials, additional materials, reinforcing or other modifications and improvements in design and construction shall be made as directed by the Town Superintendent at any time prior to paving. 1) Location. Catch basins shall be constructed at all points of change of slope or alignment and at all junction points. Catch basins shall be located in the lows of sag vertical curves as necessary to prevent excess ponding. At no time shall catch basins be spaced further Page 46 Land Subdivision Law Public Review Draft August 22, 2007 apart than 300 feet on slopes up to 6% and 250 feet on slopes over 6% in steepness. 2) Excavation and construction. a) Holes for catch basins shall be excavated to a depth of 26 inches below the designated elevation of the invert of the effluent pipe. Crushed stone or run -of -bank gravel to a uniform depth of six inches shall be leveled and compacted over the entire area under the base. On this stone or gravel base an eight -inch -thick slab of 1-2-4 mix portland cement concrete shall be placed. The slab shall extend four inches beyond the outside of the walls of the catch basin on every side and shall be smooth and level. b) To a maximum depth of 10 feet below the finished surface, the catch basin walls shall be constructed of solid concrete catch basin corner and,,",,retcher blocks eight inches thick or cast -in-place concrete. x c) Below 10 feet from the finished surface, the catclltas alls shall be 13 inches thick and shall be constructed of concrete block or calm -place concrete. d) All blocks forming the catch basin walls sb-sal b, laid up with mortar composed of portland cement and mortar sand in the, opordon 1:2. e) Inside dimensions of the catch basin 11 remain constant frop :to bottom and shall match the frame opening or the cup," nlet tAU used. f) All construction and materials shall comply Section 604 of the current Standard Specifications of the State 4LNew York Depart e t of Transportation. 3) Installation of pipes. Concrete b ound all pipes atering or leaving the catch basin . shall be cut to fit the contours o h s closely as.,; Assible. Remaining interstices shall be solidly filled with mortar the e ness o6he wall. Ends of all pipes shall be cut off flush with the inside surf s e ,sin walls and shall project outside a sufficient distan,allow for prop nnectionvth adjoining pipe section. 4) Curb inlets. a) Wherever reg p 4$ ed c,' h basins shal ° capped with curb inlets having a minimum frame operon w ,,nnches of a type as designated by the Town li: Curb-typ s shad installed so that the top of the grating shall be flush with ,,- the finished a and vement shall be sloped toward the inlet. 5) for catch ba Cat basins having a depth greater than 48 inches from the fima�surface to top of the concrete base shall be provided with steps. Steps shall be of wf��,. ht iron wing a minimum diameter of one inch which shall be hot -bent to shape an€1 dip galvanized after bending. They shall be solidly set in the masonry at the time ruction and shall extend all the way through the wall. The steps shall " extend 4 1/21 es inside the wall of the catch basin. The top step shall be not more than 18 inches be]w finished surface, and then to the base steps shall be no more than 18 inches apart. § 177-36. Bases and subbases. A) Subgrade. 1) After completion of the rough grade and prior to the laying of the foundation course, the subgrade shall be shaped to line and grade and thoroughly compacted with an approved self-propelled roller weighing not less than 10 tons. All hollows and depressions which develop under rolling shall be filled with acceptable granular material and again rolled; this process to continue until no depressions develop. The subgrade shall not be muddy Page 47 Land Subdivision Law Public Review Draft August 22, 2007 or otherwise unsatisfactory when the foundation course is laid upon it. 2) Any soft or unstable portion of the subgrade which develops under the roller shall be completely excavated and removed from the right-of-way and shall be replaced with acceptable granular material and the area regraded and compacted as above. B) Fine grading. Fine grade shall conform to the prescribed width of pavement and shall extend equidistant from the center line of the road right-of-way and shall conform to the typical cross sections of the road pavement and to the approved line and grade. Q Foundation course, granular material. 1) After the fine grading has been completed to the satisfaction: _ f the Town Superintendent of Highways, the developer shall furnish and place a fou n course of approved run - of -bank gravel or crusher run gravel, to the depths as,"ed for in these specifications. All materials acceptable for these courses shall be h , �;`,, , able and sound and shall be well graded from coarse to fine. One hundred perce�by ht of the particles shall be of such size as will pass through a four -inch s uarhole, not re than 30% shall pass one-fourth (1/4) inch; not more than 70% by w hall pass t mber 40 mesh sieve; and not more than 10% by weight shall pas -tie Number 200 mes , , Vie. 2) The materials shall be placed on the RA sub a in six-inch s and shall be thoroughly compacted by rolling with a self=pis elle °e k, on roller. W, er shall be added to the materials in such amounts as the Town ntendent of Highways may consider necessary for proper compaction,. After compactio a course shall be true to grade and cross sections, and any depressions ressions shall be elimina y the use of additional granular materials, thoroughly rolled in pias Ila ,all cases, £oundation course must be so thoroughly compacted that it will not wea under thee' ler and the total depth after compaction shall not be less than 11nches' �k.. ,.. § 177-37. A) Asphalt concrete (plant mix). 1) The contractor shad construct a two -course bituminous concrete pavement laid to conforr►a tp the required grade; thickness and cross section shown on the plans and sr is ficationns three in es base course, two inches top course). 2) Materialsandbhod of construction shall conform to Section 401 of the current ta, dard Spec' ica dns of New York State Department of Transportation. 3) An ' #phaltic conerdo binder course shall be uniformly spread by a self-propelled mecha 691 spreade with tamping bars and heating unit in sufficient depth as to provide a finished mpacted thickness of three inches after rolling thoroughly with a ten -ton roller. 4) After the binder course has been completed and thoroughly cleaned of foreign material, a tack coat of asphalt emulsion shall be applied to the surface at the rate of 0.1 to 0.2 gallons per square yard in the event that the binder course has been subject to traffic for an extended period of time. A final wearing course of fine asphaltic concrete shall be uniformly spread by a self-propelled mechanical spreader equipped with tamping bars and heating unit and in sufficient depth as to provide the required finished compacted thickness after rolling thoroughly with a two- or three -wheel tandem roller weighing approximately 10 tons. 5) Extreme care shall be exercised in the placing of bituminous concrete to ensure that all longitudinal joints shall be lapped in the placing of adjoining strips and that all lateral joints are trimmed before continuing with the placing of additional materials on that Page 48 Land Subdivision Law Public Review Draft August 22, 2007 strip. B) Bituminous surface treatment (double course). 1) The contractor shall construct bituminous surface treatment (double course) as specified in approved plans and meeting the requirements of Section 410-3.02 of the current Standard Specifications of the New York State Department of Transportation. 2) When ordered by the Town Superintendent of Highways, liquid herbicide shall be added to the bituminous surface treatment with the intent of discouraging weed growth on shoulders of Town highways. The herbicide shall be added in the primer oil only, and the concentration shall be determined by the Town Superintendent of Highways. § 177-38. Incidental construction. A) Curbs. 4� 1) Whenever required, portland cement concrete curbs shallbe constructed on both sides of N� 9 the street as shown on Figure 3. 2) Ramps for the handicapped, required by highway Law §330, shaIle;proyided at each curbed intersection and midblock cross , here cues are constructed A�� B) Sidewalks. x F 1) Whenever required, the developer shall construe .Kewalks on both sides of streets as shown on Figures 3 and 4, Appendix Sidewalks sha E constructed of asphalt concrete. Bituminous material shall meet th41"e v+er utrement of Tye 1ACF of Section 401 of the current Standard Specifications Ott he New York State epartment of Transportation. Compacted thickness of asphalt concrete shall be .a mixunum of four inches. 2) All sidewalks shall be constructed o 4a tase of approved gravel or crushed stone o at least four inches depth; Sidewalks shall be constructed with a transverse slope of one- fourth (1/4);,;inch,per foot; toward the traveled way, except that the slope may be away from the traveled way if''tiie runoff will no't affect adjacent properties. The longitudinal slope of a sidewalk shallnot eicceed 100/o C) Driveways 1) The developer shall so design#.:lay out and construct all driveways both within and without the limits:of the righto=of-way so that the latest models of modern cars may enter and leave the right of way without difficulty. 2) The developer shall obtain all necessary permits and construct all driveway entrances to the satisfction of the governing agency. No driveway entrance shall be constructed below the level of,the finished road without written consent of the Building Inspector. D) Intersections. 1) A minimum of 275 feet of unobstructed stop line sight distance shall be provided for both approaches along the highway. 2) Stop line sight distance shall be measured from a point on the center line of the approaching lane of the minor road or driveway 12 feet behind the projected edge of roadway of the major road, to a point on the center line of the approaching lane of the major road. The height of eye and height of object shall both be assumed to be 44 inches above the road pavement. Each approach to the intersection shall be considered separately. E) Road name signs. The developer shall furnish and install a four-way road name sign at every road intersection made by the roads he or she constructs. Signs and posts shall conform to Page 49 Land Subdivision Law Public Review Draft August 22, 2007 the standards established by the Uniform Traffic Manual of New York State, and street names shall be as designated by the Town. F) Guide railing. The type and need for guide rail installation shall be approved by the Town Superintendent of Highways. General guidelines for determining the need for guide rails are shown below: 1) Height or dropoff from break of road shoulder slope to the top of slope. Slopes less than one or two having a height dropoff more than 10 feet will be protected with guide rail. 2) Guardrails shall be installed to protect drivers from fined objects and roadside hazards as shown on the following list: (a) Guide rail installation shall be in accordance with: ctions 710-20, Corrugated beam guide railing, and 710-22, Cable guide rhiling, of the current Standard Specifications of the New York State Department bfTransportation. 7 G) Traffic signs. All signs, signals, markings and other control devices for maintenance and protection of traffic must conform to the require ents of the 1e York State Manual of Uniform Traffic Control Devices. K H) Turning circles. % 1) Whenever a permanent dead end is allowed 'on a gubd vision highway, a turnaround shall take the form of a circle as required by theTptwn Planning Board. A snow lane must be provided on all turning circles,. 2) If curbs and/or sidewalks are pl he radius of t1i ight-;of-way shall be increased to accommodate the additional widt' I) Berms. P ; 1) In general, the on of berm be the mary responsibility of the developer as he or she poste ; road bon end is responsible for the overall operation of the drainage sy Berms' 1 be placed NNere directed by the Highway'Superintendent. 2) In the event thaVW7dditi0AQtbming for invidual building lots is required in the future, it sh the res .hot Mme builder to provide it where directed by the S 4 of Hikh ys The ma erused shall conform to Item SIM of the New rk State i a Spid- ; at -ions. berms, as we eede meas behind the berm must be maintained ed by the property J) Finish gr and see . . The surface from the edge of pavement to the property line shall be finish gr ,; with aIn imum of four inches of topsoil, and sown with hardy grass seed or planted with i or other suitable ground cover in sufficient quantity to stabilize any slope present. Th ea must be maintained by the property owner. I� Underground u ities. The Planning Board may require that electrical power lines, telephone poles and other utility lines and appurtenances be installed underground. L) Unauthorized discharges of water. 1) No subdivision, nor any individual lot within a subdivision, shall connect any water drainage pipe into an existing Town catch basin or pipe without prior approval from the Highway Superintendent. 2) Water from basement sump pumps cannot be outletted directly onto a Town road. M) Street lighting. Lights to be installed in a new subdivision shall be approved by the Town Planning Board. Prior to the Town Planning Board's approval, the proposed lighting design Page 50 Land Subdivision Law Public Review Draft August 22, 2007 shall be submitted to the Town Engineer. The Town Engineer and Town Planner shall make written recommendations to the Town Planning Board. The proposed lighting plan shall take into account such matters as cost, safety, aesthetics, energy efficiency or any other factor which is appropriate to a given subdivision. Unless demonstrated to be impracticable or impossible, all lighting for subdivisions, applications for which are submitted subsequent to the adoption of this regulation, shall be wired underground. Upon receipt of said recommendations, the Planning Board and its Chairman shall deliberate upon the appropriate lighting to be installed in each subdivision, taking into account the options made available from qualified vendors. § 177-39. Reserved. ARTICLE VII WAIVERS § 177-40. Waiver of regulations. A) Where the Planning Board finds that cer ain an ormation is nqt"required or are unnecessary to understand the application and t lal effects of proposed development, it may waive the regulations upon written reque the applicant, provided that such waiver will not have the effect of nullifying the in and purpose of this Chapter, or Chapter 210 of the Town Code, or tli�a t Environmen ualkty Review Act. �o,r B) Where the Board finds that, due to the spegial clrcums ces of a particular plat, the provision of certain required improvements n �xequired to further the interest of the public health, safety and general welfare, or,16 inappropfiate because of inadequacy or lack of connecting facilities,adjacenVor in proxim#t to the proposed subdivision, it may waive such requirements, subject to appropriate conditions as deemed appropriate by the Planning Board. s "., . § 177-41. Atta�ent,of conditions. �.. A) In grantingwaiver(, the Board may require such conditions as will, in its judgment, secure substantially the objec�;yes of the'standards or requirements so varied or modified. § 177-42. A) Subdivision An applicahon for subdivision approval shall be exempt from the requirements of this Chapter" -and Chapter 177, as amended, if as of the effective date of this Chapter, the Planning Board has approved a resolution granting preliminary subdivision or conditional preliminary subdivision approval or final subdivision or conditional final subdivision approval for major subdivisions, and final subdivision or conditional final subdivision approval for minor subdivisions, and said preliminary, conditional preliminary, final, or conditional final approval has not expired. B) For the purpose of this section only, and to the extent that this section is inconsistent with Town Law §§ 265-a, 274-a, 276, 277 or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions. § 177-43. Reserved. Page 51 Land Subdivision Law Public Review Draft August 22, 2007