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2009 . .. . , 1:own of CPoughkJepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 September 9, 2009 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department T own Zoning Department NYS Environmental Conservation NYS of Environmental- New Paltz Town Clerk, Town of Pleasant Valley City Clerk, Poughkeepsie, New York Town Clerk, Town of Lagrange Town Clerk, Town of Hyde Park Town Clerk, Town of Wappinger Town Clerk, Village ofWappingers Falls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd tiECEIVED SEPl 1 2009 "'OWN CLr=~' NOTICE IS HEREBY GNEN, pursuant to Section 239 of the General Municipal Law of the Zoning Law, that a public hearing will be held by the Town Board of the Town of Poughkeepsie on Wednesday, October, 7th 2009, at 7:00 p.m. regarding the following: An Amendment to the Town of Poughkeepsie Zoning Map; Regarding Matter of the Application of Dunkin Donuts, 764 Main Street for Main Street Drive-In Overlay District Designation. Please find copy of Resolution 9:2-#15 of2009 with attachment and also the Public Hearing notice for your review and recommendation. Sincerely, ,~\~O/{~ Susan J. Miller Town Clerk Town of Poughkeepsie , f' AMENDED RESOLUTION 9:2 - #15 of 2009 Matter of the Application of Dunkin Donuts, 764 Main Street for Main Street Drive-In Overlay District Designation WHEREAS, the Town Board has received an application for Main Street Drive-In Overlay District Designation regarding property located at 748 - 764 Main Street (tax parcel numbers 6161-07-717826-0000, 134689-6161-07-721825-0000, 134689-6161-07-724824-0000, 134689-6161-07-729823-0000, 134689-6161-07-732822-0000) for a project known as "Dunkin Donuts Site Redevelopment" (the "Application"); and WHEREAS, the Applicant has also submitted the Application to the Town Planning Board seeking Site Plan Approval; and WHEREAS, the action by the Town Board on the application for Main Street Drive-In Overlay District Designation is subject to a public hearing as an amendment of the Zoning Map; and WHEREAS, the Town Board has received a notice from the Town of Poughkeepsie Planning Board seeking the consent of the Town Board to the Planning Board acting as the Lead Agency to coordinate the environmental review of the action; and WHEREAS, the Town Board has examined 6 NYCRR 617.2(u) and 617.6(b)(5)(v) of the State Environmental Quality Review Act (SEQRA) regulations and has determined that the Town of Poughkeepsie Planning Board, through its site plan approval authority under Chapter 210 has the broadest governmental powers to investigate the potential environmental effects associated with the Application, and has substantial experience and capability necessary to conduct a thorough environmental assessment of the action. NOW THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby consents to the Town of Poughkeepsie Planning Board acting as the Lead Agency; and 2. The Town Board sets October 7, 2009 at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall Meeting Room, as the date, time and place for the public hearing on the application for Main Street Drive-In Overlay District Designation; and 3. The Town Board hereby directs that a copy of the Application for Main Street Drive-In Overlay District Designation be delivered to the Town Planning Board for an advisory report pursuant to Town Code g21 0-154; and 4. The Town Board hereby directs that a copy of the Application for Main Street Drive-In Overlay District Designation be delivered to the Dutchess County Department of Planning and Economic Development for review and recommendation pursuant to the General Municipal Law section 239-m; and 5. The Town Board hereby directs that a copy of this Resolution be delivered to the Office of the City Chamberlain of the City of Poughkeepsie pursuant to the notice requirements of the General Municipal Law section 239-nn; and 6. The Town hereby directs that a copy of this Resolution be delivered to the Town Planning Board. Dated: ~~~C ~iJre/), 0 ~} ~ ncq Moved: ~ (tdJ f)(Jry\ (:,\R cU Seconded: l~{rJ()OO, C~ Ayes 1.' Nays 0 TDM:mlp Attachment t-8/31/09 m-9/2/09 G: \m II ega I \r\2 009\sept\d unkindon u ts-Idagency, doc AYE NAY Councilman Baisley Councilman Seminara Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 VINCENT L. TEAHAN JAMES P. CONSTANTINO JAE EUN C. JIN MARILYN D. BERSON RICHARD 1. CANTOR STEPHEN c.F. DIAMOND ANN GIFFORD ELIOT D. HAWKINS COUNSEL TEAHAN & CONSTANTINO COUNSELLORS AT LAW 2780 SOUTH ROAD P. O. BOX 1969 POUGHKEEPSIE, NEW YORK 12601-0969 (845) 452-1834 Fax (845)452-1421 E. Mail Poughkeepsie@TCTaxPlan.com MILLBROOK OFFICE 41 FRONT STREET, SUITE A P.O. BOX llBI MILLBROOK, NEW YORK 12545 Tel (845) 677-2101 Fax (845) 677-1054 E-Mail Millbrook@TCTaxPlan.com INTERNET HOME PAGE www.TCTaxP1an.com August 6, 2009 VIA FAX 486-7885 AND MAIL Town Supervisor Patricia Myers and Members of the Town Board of the Town of Poughkeepsie Town Hall One Overocker Road Poughkeepsie, NY 12603 RE: APPLICATION OF DUNKIN' B~S FOR MAIN STREET DRIVE-IN OVERLAY DISTRICT DESIGNATION Dear Supervisor Myers and Members of the Town Board of the Town of Poughkeepsie: This letter constitutes an application on behalf of Dunkin' Brands for a Main Street Drive-in Overlay District designation pursuant to ~210-22 of the Town of Poughkeepsie Zoning Code. As was pointed out to you at a recent meeting, Dunkin' Brands has submitted an application to the Planning Board for land use approvals to demolish the existing Dunkin a facility at 764 Main Street and to reconstruct it on a parcel that combines the existing parcel and the former Town and County Car facility parcel. A drive-in facility is permittee pursuanc co ~210-22 (G)if the Town Board approves of the drive-in. The location and the plans submitted to the Planning Board satisfy the "Specific Requirements" in ~210-22 (G) (ii) of the Code. The procedure as outlined in ~210-22 (G) (iii) ~s submission of an application to the Town Board. This letter is the application contemplated in the Overlay legislation. . . TEAHAN & CONSTANTINO Town Supervisor Myers and Members of the Town Board of the Town of Poughkeepsie page 2 August 6, 2009 Pursuant to the Town Board review procedures in ~210-22 (8) (iii) (a), the Town Board, upon receipt of an application, is directed to notify the applicant of the place, date and time of the meeting at which the application is to be considered and the Town Board is also directed to refer the application to the Town Planning Board and to the Dutchess County Planning Department for review and recommendations. I note that a $3,000 check has been delivered to Neil Wilson establish an escrow account for review of this application. escrow is in addition to the escrow that was established for Planning Board review. to This the I look forward to moving forward with this application for approval for a drive-in. Respectfully submitted, RIC:ggy ~~ RICHARD I. CANTOR cc: Neil Wilson, Esq. nwilson@townofpouqhkeepsie_nv.qov Allen E. Leonard via email allen.leonard@dunkinbrands.com John Panzer via email John.Panzer@dunkinbrands.com Peter Cantline via email pcantline@soectraenv.com Frank Truilo via email fta@ootonline.net . . LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that The Town Board of the Town of Poughkeepsie, has received an application for Main Street Drive-In Overlay District Designation regarding property located at 748-764 Main Street for a project known as "Dunkin Donuts Site Redevelopment" (the "application") ALSO PLEASE TAKE FURTHER NOTICE, that the Applicant has also submitted the Application to the Town Planning Board seeking Site Plan Approval; and ALSO PLEASE TAKE FURTHER NOTICE, the action taken by the Town Board on the application for Main Street Drive-In Overlay District Designation is subject to a public hearing as an amendment of the Zoning Map. AND ALSO PLEASE TAKE FURTHER NOTICE, that the Town Planning Board after seeking the approval to act as the Lead Agency, from the Town Board, was consented to, at the September 2nd, 2009 Town Board Meeting. The Town Board therefore now sets October 7th, 2009 at 7:00 PM, or as soon thereafter as the matter may come to be heard, as the date for said Public Hearing, in the Town Hall Meeting Room at I Overocker Road, Poughkeepsie, NY. AND ALSO PLEASE TAKE FURTHER NOTICE, that said Application and site plan map are available in the Town Clerk's Office between the hours of8:00 AM and 4:00PM, Monday thru Friday. Susan J. Miller, Town Clerk Town of Poughkeepsie September 9,2009 i August 13,2009 NYS Department of Transportation Region 8 Burnett Boulevard Poughkeepsie, NY 12603 Clerk . City of Beacon One Municipal Plaza Suite One Beacon, NY 12508 Dutchess County Dept. of Public Works 38 Dutchess Turnpike Poughkeepsie, NY 12603 Clerk Orange County Legislature 255 Main Street Goshen, NY 10924 Town Clerk Town of New burgh 1496 Route 300 Newburgh, NY 12550 Town Clerk Town of Philips town 238 Main Street PO Box 155 Cold Spring, NY 10516 TOWN OF LAGRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX Regional Director Office of Parks and Historic Preservation Taconic Region Staatsburg, NY 12580 Clerk Putnam County Legislature 40 Gleneida Avenue Carmel NY, 10512 NYS Dept of Transportation State Campus 120 Washington Avenue Albany, NY 12232 State Historic Preservation Office Empire State Plaza Albany, NY 12228 Town Clerk Town of East Fishkill 370 Route 376 Hopewell Junction, NY 12533 Town Clerk Town of Pawling 160 Charles Coleman Boulevard Pawling, NY 12564 111:2 4lA CStvcS r; '1 (,. -"')1"" ;009 . ,Ill '1 r'\ " -' 'I '-' '~,...", Clerk Dutchess County Legislature 22 Market Street Poughkeepsie, NY 12601 Ms. Darlene Bellis Town Clerk, Town of Fishkill 807 Route 52 Fishkill, NY 12524 Town Clerk Town of Wappinger PO Box 324 20 Middlebush Road Wappinger Falls, NY 12590 NYS Dept. of Environmental Consv. Region 3 21 South Putt Comers Road New Paltz, NY 12561 Village Clerk Village of Fishkill 91 Main Street Fishkill, NY 12524 - i Re: Town of LaGrange Proposed Local Law No. _ of2009 A Local Law of the Town of LaGrange, Dutchess County, New York, Amending Provision of Chapter 240 of the Town Code Related to Signs Dear Sir or Madam: Enclosed please find a notice of public hearing in regard to the above- captioned Town of LaGrange proposed Local Law No. _ of2009. Very truly yours, TOWN OF LAGRANGE By: U:v CHRISTINE O'REILL Y-RAO TOWN CLERK COR/jmga Enclosure cc: Janis M. Gomez Anderson, Esq. Van DeWater & Van DeWater, LLP riECE/VEL AUG 11~ 2009 ~'~/"! ("\1 r.:,...." ~ .. NOTICE OF PUBLIC HEARING TAKE NOTICE that the Town Board of the Town of LaGrange will hold a public hearing at the Town Hall, 120 Stringham Road, LaGrangeville, New York on August 26, 2009, at 7:30 o'clock p.m. prevailing time, on a proposed local law of the Town of Lagrange, Dutchess County, New York, amending provisions of Chapter 240 of the Town Code related to signs. TAKE FURTHER NOTICE, that copies of the aforesaid proposed local law will be available for examination at the office of the Clerk of the Town of LaGrange, at the Town Hall, 120 Stringham Road, LaGrangevi11e, New York, between the hours of 8:30 a.m. and 4:00 p.m. on all business days, except Tuesdays when the hours are between 8:30 a.m. and 3:30 p.m., between the date of this notice and the date of the public hearing. TAKE FURTHER NOTICE, that all persons interested and citizens shall have an opportunity to be heard on said proposal at the time and place aforesaid. DATED: LaGrangerille, New York August ~ 2009 f31jK CHRISTINE O'REILLY-RAG, TOWN CLERK hiECEIVEL AUG l!~ 2009 '"''" .<l "" ("\, r:: r- '