2001-03-23
crown of Poug Ii lis epsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POU(;HKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845) 485-8583
February 18,2011
Dutchess County Dept. of Planning
Dutchess County Legislature
Ulster County Legislature
NYS Dept. of Transportation
Town Planning Department
Town Planning Board (Via E-Mail)
Town Zoning Department
Town Zoning Board (Via E-Mail)
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
rFa~CG~~W~[Q)
FEB 2 2 2011
TOWN OF WAPPINGER
TOWN CLERK
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law, that a public
hearing will be held by the Town Board of the Town of Poughkeepsie on Wednesday, March 23, 2011 at
7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210,
entitled "Zoning" specifically regarding Flag Lots
Please find copy of Resolution: 2:16 -#11 of201l and also the Public Hearing notice for your review and
recommendation.
Sincerely,
~~~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 2:16 - #-1/- of 2011
WHEREAS, the Town Board has received a memorandum dated February 9,
2011 from the Director of Municipal Development recommending certain changes to
Chapter 210 of the Town Code in regard to clarifying the regulation of "flag lots"; and
WHEREAS, the Town Board has been advised that the current language of
Chapter 210 does not completely regulate the establishment and creation of flag lots as
intended by the Town Board when the Zoning Law was adopted in September 2007; and
WHEREAS, the action to amend the area and lot requirements for the various
zoning districts in order to properly regulate the establishment and creation of flag lots is
a Type I Action under the New York State Environmental Quality Review Act
("SEQRA"); and
WHEREAS, the Town Board has determined that the proposed amendments
must be referred to the Dutchess County Department of Planning and Economic
Development and to the Town Planning Board for review.and recommendation; and
WHEREAS, the amendments are subject to a public hearing.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a public hearing on the proposed amendments to
Chapter 210, which are attached as Exhibit "A", for March 23, 2011, at 7:00 PM,
or as soon thereafter as the matter may come to be heard, in the Town Hall, One
Overocker Road, Poughkeepsie, New York; and
2. The Town Board does hereby waive the verbatim reading and does direct that said
amendments be spread across the record as if it, in fact, had been read verbatim;
and
3. The Town Board hereby states that because only the Town Board can consider
and adopt changes to the Town Code that it is the only involved agency, and the
Board hereby declares that it is the Lead Agency for purposes of coordinating the
environmental review of this matter pursuant to Article 8 of the Environmental
Conservation Law; and
4. The Town Board refers this matter to the Dutchess County Department of
Planning and Economic Development for a recommendation pursuant to GML
239-m; and .
5. The Town Board refers this matter to the Planning Board for an advisory report
pursuant to Town Code Sections 210-154.
6. The Town Board directs the Town Clerk to notify the Town Clerks of each of the
surrounding towns of the public hearing pursuant to GML 239-nn.
JEN :mlp
Attachment
t-2/10/11
m-2/16/11
G :\mllegal\r\20 II \feb\2-16tbmtg\amendzoning-flaglots-sd.doc
Councilman Lecker
Councilman Eagleton
Councilman Conte
Councilman Cifone \~ ~ )
Councilman Krakower (Q V .
Councilman Tancredi
Supervisor Myers
Da~:~~!MIJ
Moved: .,. ~ ~ e/~N/
Seconded: ~ ~ -tJ_
Ayes 0 Nays 0
AYE
NAY
2
EXHIBIT "A"
Amend ~ 210-9 as follows and include the illustration.
LOT WIDTH -- The mean distance measured at the required minimum front yard depth along a line
at right angles to the depth oflot line and parallel to the street right-of-way (ROW) line.
A, 8, ..nd C.... flag lots
Amend ~ 21O-14(E) as follows
E. The area and bulk regulations for the R-4A district shall be as follows:
Minimum Minimum Lot Minim urn Minimum Minimum Minimum Maximum Maxim urn Maxim urn
Lot Area Frontage (feet) Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (fee t) (feet) (feet) Coverage Surface (feet)
(%) (%)
4 200 200 100 50 75 4% 12% 35 feet or
2.5 stories
Amend ~ 210-15(E) as follows:
E. The area and bulk regulations for the R-2A district shall be as follows:
Minim urn Minimum Lot Minim urn Minim urn Minimum Minim urn Maximum Maxim urn Maxim urn
Lot Area Frontage (feet) Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) Coverage Surface (fee t)
(%) (%)
2 125 125 65 40 55 5% 15% 35 feet or 2.5
stories
Amend ~ 210-15A(E) as follows:
E) The area and bulk regulations for the R-1.5A district shall be as follows:
Minimum Minimum Lot Minimum Minimum Minimum Minimum Maximum Maxim urn Maximum
Lot Area Frontage <feet) Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (fee t) (feet) (feet) Coverage Surface (feet)
(%) (%)
1 Y, (1.5) 100 100 55 30 45 5% 15% 35 feet or 2.5
stories
Amend ~ 210-16(E) as follows:
E) The area and bulk regulations for the R-20,OOO district shall be as follows:
Minim urn Minimum Lot Minimum Minimum Minimum Minimum Maximum Maximum Maximum
Lot Area Frontage Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(sq. ft.) (feet) (feet) (feet) (feet) (feet) Coverage Surface (fee t)
(%) (%)
20,000 100 100 30 20 30 25% 35% 35 feet or
2.5 stories
Amend ~ 210-17(E) as follows:
E) The area and bulk regulations for the R-M district shall be as follows:
Use Minim urn Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum Minimum
Lot Area Lot Lot Width Front Yard Side Rear Yard Lot Impervious Heighth Landscaped
(sq. ft.) Frontage (feet) (fee t) Yardsd,e (feet) Coverage Surface (%) Area (%)
(feet) Side (feet) (%)
Single- 10,000 85 85 30b 10 and lOc 50 25% 40% 35 feet or 20%
family 2.5 stories
Two- 10,000 85 85 30b 10 and 10 50 25% 40% 35 feet or 25%
family 2.5 stories
Multi- 7,260/ 200 200 30b 20 and 20 40 25% 40% 40 feet or 3 35%g
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 Dot
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.
bFrant 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 Dearer to any street line than the average alignment of exiStiDg buildings
witbin 200 feet on each side of the lot.
cSide yard exceptions. In the case of a single-family dwelling erected without a garage, one side yard shall not be leas 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-S0, "Landscaping".
hHeight requirements for buildings other than dwellings. In the case of all buildings other than dwellings and accessory buildings, the maximum height shall not
exceed 40 feet or three stories.
Amend ~ 210-18(E) as follows:
E) The area and bulk regulations for the R-NH district shall be as follows:
2
Use Minimum Minimum Lot Minimum Minimum Minimum Minimum Maximum Maximum Maximum
Lot Area Frontage Lot Width Front Yard Side Rear Yard Lot Impervious Height
(sq. ft.) (feet) (feet) Yarda (feet) (feet) Coverage Surface (%) (feet)
(feet) (%)
Single- 6,000 40 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 he erected nearer to any street line than the average alignment of existing buildings within 200 feel. on each
side of the lot.
Amend ~ 210-19(D) as follows:
D) The area and bulk regulations for the R-MH district shall be as follows:
6,OOOa
15
Minimum
Side Yard
(feet)
10
Minimum Minimum
Rear Yard Development Lot
(feet) Line (feet)
Use
Minimum Lot Minimum Minimum Lot Minimum
Area Frontage Width (feet) Front Yard
(sq. ft.) (feet) (feet)
Mobile home parks
and mobile home
park subdivisions
15
15b
10
30
aSingle-wide mobile homes may be placed on lots of 5,000 square feet.
hNo mobile home shall be placed within 15 feet of any access road.
Amend ~ 210-22(E) as follows:
E) The area and bulk regulations for the ATC district shall be as follows:
Minimum Lot Minimum Lot Minimum
Area (sq. ft,) Frontage Lot Width
(feet) (feet)
Minimum
Front Yarda
(fee t)
Minimum
Side Yard
(feet)
Minimum
Rear Yard
(fee t)
Maximum
Lot
Coverage
(%)
Maximum Maximum
Impervious Height (feet)
Surface (%)
5,000
30
30
5
o
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 huilding 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.
Amend ~ 210-23(E) as follows:
E) The area and bulk regulations for the SHC district shall be as follows:
3
Minimum Lot Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maximum
Area (sq. ft.) Lot Frontage Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
10,000 50 50 5 0 20 30% 90% 45 feet or 3
stories
Amend ~ 210-25(E) as follows:
E) The area and bulk regulations for the Fe district shall be as follows:
Minimum Lot Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maxim um
Area (sq. ft.) Lot Frontage Lot Width Front Yard Side Yard Rear Yarda Lot Impervious Height
(feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
15,000 100 100 35 25 45 50% 80% 45 feet or 3
stories
Amend ~ 210-26(E), (F), (G), and (H) as follows:
E) The area and bulk regulations for a detached single family dwelling unit in the SPC District
shall be as follows:
Minimum Lot Area Minimum Lot Minimum
(sq. ft.) Frontage (ft.) Lot Width
<feet)
Minimum Minimum Usable Maximum Lot Maximum Maximum
Front Yard Side and Rear Open Space Coverage (%) Impervious Height (ft,)
(ft.) Yard (ft,) Set-Aside Surface (%)
(sq. ft,) .
4,000
40
40
15
6 feet side
20 feet rear
1,000 per
unit
45%
85%
28 feet or 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 witb amenities such as
benches landsca in and natural walkin trails.
F) The area and bulk regulations for attached residential units in the SPC District shall be as
follows:
Minimum Lot Minim urn Lot Minimum Lot Minimum Minimum Usable Open Maximum Maxim um Maximum
Area (acres) Frontage (ft.) Width <feet) Front Yard Side and Space Set- Lot Impervious Height (ft,)
(ft.) Rear Yard Aside (sq. ft.) · Coverage Surface (%)
(ft,) (%)
8 70 70 25 15 1,000 per unit 70% 80% 35 feet or 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 witb amenities such as
benches.landsca in and natural walkin trails.
4
G) The area and bulk regulations for non-residential or mixed residential/non-residential use
structures as attached units in the SPC District shall be as follows:
Minimum Lot Minimum Lot Minimum Lot Minimum
Area (sq. ft.) Frontage (ft.) Width (feet) Front Yard
(ft)
Minimum
Side and
Rear Yard
(ft)
Usable Open Maximum
Space Set- Lot
Aside (sq. ft.). Coverage
(%)
Maxim um
Impervious
Surface h (%)
Maximum
Height
(ft)
1,600
22
22
10
o
95%
100%
45 feet or 3
stories
500 per 1,600
sq. ft. oflot
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 landsca in and natural walkin trails.
bLot covera e % VB. im ervious covera e % is desi ed to encoura e arkin within attached residential structures to minimize ade ( ound) arkin ,
H) The area and bulk regulations for non-residential or mixed residential/non-residential use
structures as detached units in the SPC District shall be as follows:
Minimum Lot Minimum Lot Minimum Lot Minimum
Area (sq. ft) Frontage (ft.) Width (feet;) Front Yard
(ft)
Minimum
Side and
Rear Yard
(ft.)
U sable Open
Space Set-
Aside (sq. ft).
Maximum
Lot
Coverage
(%)
Maxim urn
Impervious
Surface (%) h
Maximum
Height
(ft)
10 ft. side 500 per 5,000
25 ft. rear sq. ft. oflot
area
. 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 landscanine and natural walkine trails.
II Lot coverage percentage VB. impervious coverage percentage is designed to encourage parking within attached residential structures to minimize grade (ground)
narkine.
5,000
30
30
10
65%
80%
45 feet or 3
stories
Amend S 210-27(E), (F), (G), and (H) as follows:
E) The area and bulk regulations for a detached single family unit in the MHC District shall be
as follows:
Minimum Lot Area Minimum Lot Minimum Lot Minimum Minimum Usable Open Maximum Lot
(sq. ft) Frontage (ft.) Width (feet) Front Yard Side and Rear Space Set- Coverage (%)
(ft) Yard (ft) Aside (sq. ft.).
Maximum Maximum
Impervious Height (ft)
Surface (%)
4,000
40
40
15
6 feet side 1,000 per unit
20 feet rear
45%
68%
28 feet or 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, landsca in and natural walkin trails.
F) The area and bulk regulations for attached residential units in the MHC District shall be as
follows:
Minimum Lot Minimum Lot Minimum Lot Minimum Minim urn Usable Open Maximum Lot Maximum Maximum
Area (acres) Frontage (ft) Width (feet) Front Yard Side and Space Set- Coverage (%) Impervious Height (ft)
(ft) Rear Yard Aside (sq. ft). Surface h (%)
(ft.)
8 70 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,
landscs in and natural walkin trails.
5
G) The area and bulk regulations for non-residential or mixed residential/non-residential use
structures as attached units in the MHC District shall be as follows:
Minimum Lot Minimum Lot Minimum Lot
Area (sq. ft.) Frontage (ft.) Width (feet)
Minim urn
Front Yard
(ft.)
Minim urn
Side and
Rear Yard
(ft.)
Usable Open Maximum Lot
Space Set- Coverage (%)
Aside (sq. ft.).
Maxim urn
Impervious
Surface b (%)
Maxim urn
Height (ft.)
1,600
22
22
10
o
95%
100%
50 feet or 4
stories
500 per 1,600
sq. ft. oflot
area
. 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,
landsca in and natural walkin trails.
h Lot covera e % VB. im ervious covera e % is desi ed to encoura e arkin within attached residential structures to minimize ade ( ound) arkin ,
H) The area and bulk regulations for non-residential or mixed residential/non-residential use
structures as detached units in the MHC District shall be as follows:
Minimum Lot Minimum Minimum Lot Minimum
Area (sq. ft.) Lot Frontage Width <feet) Front Yard
(ft.) (ft.)
Minim urn
Side and
Rear Yard
(ft.)
Usable Open Maximum
Space Set. Lot
Aside (sq. ft.). Coverage
(%)
Maximum
Impervious
Surface (%) b
Maximum
Height
(ft.)
5,000
30
30
10
65%
80%
50 feet or 3-
1/2 stories
10 feet side 500 per 5,000
25 feet rear sq. ft. oflot
area
" 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
henches landscanin~ and natural walltin~ trails.
\. Lot coverage percentage VB. impervious coverage percentage is designed to encourage parking within attached residential structures to minimize grade (ground)
narl<in~.
Amend 9 210-28(E) as follows:
E) The area and bulk regulations for the RRH district shall be as follows:
Minimum Lot Minimum Lot Minimum Minim urn Minim urn Minimum Maxim urn Maximum Maximum
Area Frontage (feet) Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (fee t) Coverage Surface (%) (feet)
(%)
1 60 60 25 15 35 40% 80% 45 feet or 3
stories
Amend ~ 210-29(E) as follows:
E) The area and bulk regulations for the ROMNSC district shall be as follows:
Minim urn Lot Minimum Lot Minimum Minimum Minimum Minimum Maximum Maximum Maximum
Area Frontage (feet) Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(sq. ft.) (feet) (feet) (feet) (feet) Coverage Surface (%) (fee t)
(%)
20,000 N/A N/A 25a 25 35 30% 80% 1 story or 30 feet
Amend ~ 21O-33(E) as follows:
E) The area and bulk regulations for the B- N district shall be as follows:
6
Minimum Lot Minimum Lot Minimum Minimum Minimum Minim urn Maximum Maximum Maximum
Area Frontage Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(sq. ft,) (feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
15,000 50 50 15 25 35 35% 75% 35 feet or 2 Yo
stories
Amend ~ 210-34(E) as follows:
E) The area and bulk regulations for the B-NH district shall be as follows:
Minimum Lot Minimum Lot Minimum Minim um Minimum Minimum Maximum Maximum Maximum
Area Frontage Lot Width Front Yard Side Yard Rear Yard Lot Impervious Height
(sq. ft.) (fee t) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
20,000 100 100 25 25 35 25% 75% 45 feet or 3
stories
Amend ~ 210-35(E) as follows:
E) The area and bulk regulations for the B-H district shall be as follows:
Minimum Minimum Lot Minimum Minimum Minimum Minimum Minimum Maximum Maximum Maxim urn
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
2 200 200 400 40 40 40 25% 75% 45 feet or 3
stories
Amend ~ 210-36(E) as follows:
E) The area and bulk regulations for the B-Se district shall be as follows:
Minim urn Minimum Lot Minimum Minim urn Minimum Minimum Minim urn Maxim urn Maximum Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) (feet) (fee t) Coverage Surface (%) (feet)
(%)
15 500 500 600 100 100 100 25% 75% 55 feet or 3
stories
7
Amend ~ 210-37(E) as follows:
E) The area and bulk regulations for the O-R district shall be as follows:
Minimum Minimum Lot Minimum Minimum Minimum Minim urn Minimum Maximum Maxim urn Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) (fee t) (fee t) Coverage Surface (%) (feet)
(%)
6 500 500 600 200 100 100 25% 75% 45 feet or 3
stories
Amend ~ 210-38(E) as follows:
E) The area and bulk regulations for the IN district shall be as follows:
Minimum Minimum Lot Minimum Minim um Minim um Minimum Minimum Maximum Maxim urn Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
3 200 200 400 50 50 50 25% 75% 60 feet or 6
stories
Amend ~ 210-39(E) as follows:
E) The area and bulk regulations for the I-L district shall be as follows:
Minim urn Minimum Lot Minimum Minimum Minimum Minim urn Minimum Maximum Maximum Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet> (feet) (feet) (feet) (feet) Coverage Surface (%) (fee t)
(%)
2 200 200 400 50 50 50 30% 90% 40 feet or
3.5 stories
Amend ~ 210-40(E) as follows:
E) The area and bulk regulations for the I-R district shall be as follows:
Minimum Minimum Lot Minimum Minimum Minimum Minim urn Minimum Maxim urn Maxim urn Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Height
(acres) (feet) (feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (feet)
(%)
4 200 200 400 50 50 50 30% 90% 40 feet or
3.5 stories
8
Amend ~ 210-41(E) as follows:
E) The area and bulk regulations for the Q district shall be as follows:
Minimum Minimum Lot Minimum Minimum Minimum Minimum Minimum Maxim urn Maxim urn Maximum
Lot Area Frontage Lot Width Lot Depth Front Yard Side Yard Rear Yard Lot Impervious Heighta
(acres) (feet) (feet) (feet) (feet) (feet) (feet) Coverage Surface (%) (fee t)
(%)
20 200 200 400 100 50 50 30% 90% 40 feet or
3.5 stories
"This limitation shall not apply to buildings devoted to tbe processing or conveyance of excavated materials.
G :\mllegaI\r\20 II \feb\2_I6tbmtg\amendzoning-flagIots-exhibitA.doc
9
617.20
SEQR
Appendix A
State Environment Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or
action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,
there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may not be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be
assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow
introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a
potentially-large impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.
DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: . Part 1 0 Part 2 0 Part3
Upon review of the information recorded on this EAF (Parts land 2 and 3 if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead
agency that:
D A. The project will not result in any large and important impact(s) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.
D B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in P ART 3 have been
required, therefore a CONDITIONED negative declaration will be prepared. *
D C. The project may result in one more large and important impacts that may have a significant impact on
the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions
Zonin Law Amendment - Re ulation of Fla Lots
Name of Action
Name of Lead Agency
Patricia Meyers
Print or Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency
Signature of Preparer (If different from responsible officer)
Februa 11 2011
Date
PART 1 - PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may be subject to further verification and public review. Provide any additional information you believe will
be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies,
research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.
NAME OF ACTION
Zoning Law Amendment - Crown Heights Center Overlay District
LOCATION OF ACTION (Include Street Address, Municipality and County)
Town-wide, Town of Poughkeepsie, Dutchess County, New York
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
Town Board of the Town of poughkeepsie 845-485-3600
ADDRESS
One Overocker Road
CITY/PO STATE \ ZIP CODE
poughkeepsie New York 12603
NAME OF OWNER (if different) BUSINESS TELEPHONE
ADDRESS
CITY/PO STATE \ ZIP CODE
DESCRIPTION OF ACTION
Zoning Law amendments to correct language for the various defined zoning districts in regard to the regulation of "flag lots",
The amendments are intended to correct language in the current zoning law in order to give complete effect to the 2007 Town
Board determination as expressed in the zoning law that "flag lots" should be prohibited. The amendments do not alter the
allowed uses in any of the zoning districts.
Please Complete Each Question - Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: . Urban . Industrial . Commercial . Residential (suburban)
. Forest . Agriculture . Other Town-wide.
. Rural (non-farm)
2. Total acreage of project area:
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pastures, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings an other paved surfaces
Other (Indicate type)
N/A
acres.
PRESENTLY AFTER COMPLETION
acres acres
acres acres
acres acres
acres acres
acres acres
acres acres
acres acres
acres acres
3. What is predominant soil type(s) on project site? N/A
a. Soil drainage: 0 Well Drained N/A % of site 0 Moderately well drained N/A % of site
o Poorly Drained N/A % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS
Land Classification System? N/A acres. (See 1 NYCRR 370).
2
4. Are there bedrock outcroppings on project site?
a. What is the depth to bedrock? N/A
5. Approximate percentage of proposed site with slopes:
DYes ONo N/A
(in feet)
o 0-10%
N/A %
D 10-15%
N/A %
o 15% or greater N/A %
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic
Places? . Yes 0 No (Hudson River, Vassar College, and individual buildings listed on the State and Nationalregi'sters).
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes . No
8. What is the depth of the water table? N/A (in feet)
9. Is site located over a primary, principal, or sole source aquifer? 0 Yes . No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes . No
11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? N/A
DYes 0 No According to N/A
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations.) N/A
DYes .No Describe N/A
13. Is the project site presently used by the community or neighborhood as an open space or recreational area? N/A
DYes . No If yes, explain N/A
14. Does the present site include scenic views known to be important to the community?
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
DYes 0 No
N/A
16. Lakes, ponds, wetland areas within or contiguous to project area: N/A
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? DYes 0 No N/A
a) If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No
b) If Yes, will improvements be necessary to allow connection? DYes 0 No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-M,
Section 303 and 304? DYes 0 No N/A
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the
ECL, and 6 NYCRR 61?? 0 Yes D No N/A
20. Has the site ever been used for the disposal of solid or hazardous wastes? 0 Yes 0 No N/A
B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor N/A Acres.
b. Project acreage to be developed: N/A acres initially; N/A
c. Project acreage to remain undeveloped N/A acres.
d. Length of project, in miles: N/A (if appropriate)
e. If the project is an expansion, indicate percent of expansion proposed? N/A %
f. Number of off-street parking spaces existing N/A ; proposed N/A
g. Maximum vehicular trips generated per hour N/A (upon completion of project)?
h. If residential: Number and type of housing units: N/A
One Family Two Family Multiple Family
acres ultimately.
Condominium
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure N/A' height;
j. Linear feet of frontage along a public thoroughfare project will occupy is?
N/A
N/A
width;
ft.
N/A
length.
3
2. How much natural material (Le. rock, earth, etc.) will be removed from the site?
3. Will disturbed areas be reclaimed? DYes D No . N/A
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? DYes D No
c. Will upper subsoil be stockpiled for reclamation? DYes 0 No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres.
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes. No
6. If single phase project: Anticipated period of construction? N/A months, (including demolition).
7. If multi-phased: N/A
N/A
tons/cubic yards?
a. Total number of phases anticipated? (number).
b. Anticipated date of commencement phase 1 month
c. Approximate completion date of final phase month
d. Is phase 1 functionally dependent on subsequent phases? DYes D No
8. Will blasting occur during construction? DYes . No
9. Number of jobs generated during construction? N/A ; after project is complete
10. Number of jobs eliminated by this project? 0
year, (including demolition)
year.
N/A
11. Will project require relocation of any projects or facilities??
If yes, explain
12. Is surface liquid waste disposal involved? D Yes . No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount.
DYes . No
b. Name of water body into which effluent will be discharged.
13. Is subsurface liquid waste disposal involved? DYes . No Type:
14. Will surface area of an existing water body increase or decrease by proposal? DYes . No
Explain
15. Is project or any portion of project located in 100 year flood plain? D Yes . No
16. Will the project generate solid waste? DYes . No
a. If yes, what is the amount per month Tons
b. If yes, will an existing solid waste facility be used? DYes 0 No
c. If yes, give name ; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes. No
e. If yes, explain
17. Will the project involve the disposal of solid waste? DYes . No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? 0 Yes . No
19. Will project routinely produce odors (more than one hour per day?) 0 Yes
20. Will project produce operating noise exceeding the local ambient noise levels?
21. Will project result in an increase in energy use? DYes . No
If yes, indicate type(s)
.No
DYes .No
22. If water supply is from wells, indicate pumping capacity N/A
23. Total anticipated water usage per day N/A gallons/day.
24. Does project involve Local, State or Federal funding? 0 Yes . No If yes, explain
gallons/minute.
4
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? . Yes 0 No
If yes, indicate decision required:
. zoning amendment 0 zoning variance D special use permit 0 subdivision
o new/revision of master plan 0 resource management plan D other
2. What is the zoning classification(s) of the site? N/A
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
N/A
25. Approvals Required:
Gity; Town, ViUage Board
GHy, Town, ViUage Planning Board
GHy, Town Zoning Board
GHy, County Health Department
Other Local Agencies
Other Regional Agencies
Dutchess County Dept. of Planning
State Agencies
Federal Agencies
.Yes
. Yes
DYes
DYes
DYes
. Yes
ONo
DNo
.No
.No
.No
DNo
Type
Zoning Amendment
Recommendation
Submittal Date
GML 239-m recommendation
DYes
DYes
.No
.No
D site plan
4. What is the proposed zoning of the site?
N/A
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
N/A
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? . Yes 0 No
7. What are the predominant land use(s) and zoning classifications within a Yo mile radius of proposed action?
N/A - action is town-wide
DNo
N/A
8. Is the proposed action compatible with adjoining/surrounding land uses within a Yo mile? . Yes
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed? N/A
10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes . No
11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection?
DYes .No
a. If yes, is existing capacity sufficient to handle projected demand? DYes 0 No
12. Will the proposed action result in the generation of traffic significantly above present levels? DYes . No
a. If yes, is the existing road network adequate to handle the additional traffic? 0 Yes 0 No
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with
your proposal, please discuss such impacts and measures which you propose to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
sie
Date Februa 11, 2011
(
,/''/'' -C::-----' Title Dir. Of Munici al Develo ment
If the action is in th 'Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board does hereby set a public hearing
on the proposed amendments to Chapter 210, "Zoning" of the Town Code in regard to
clarifying the regulation of "flag lots"; for Wednesday, March 23,2011 at 7:00 PM, or as
soon thereafter as the matter may be come to be heard, in the Town Hall, One Overocker
Road, Poughkeepsie, New York; and
PLEASE ALSO TAKE FURTHER NOTICE that a complete copy of the
amendments is available for review in the Town Clerk's Office located at One Overocker
Road, Poughkeepsie, New York, between the hours of 8:00 AM -4:00 PM, Monday thru
Friday.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
February 18, 2011