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2010 VAN DEW ATER AND VAN DEW ATER, LLP COUNSELORS AT LAW (845) 452-5900 Fax (845) 452-5848 Noel deCordova, Jr. (Retired) Edward vK Cunningham, Jr. Susanna E. Bedell {I 918-2006) PeJTY Satz (Retired) Counsel John B. Van DeWater (1892-1968) RobertB. Van DeWater (1921-1990) John K. Gifford James E. Nelson Gerard J. Comatos, Jr. Ronald C. Blass, Jr. Kyle W. Barnett Cynthia S. Rosenzweig 85 CIVIC CENTER PLAZA, SUITE 10] P.O. BOX 112 POUGHKEEPSIE, NEW YORK 12601 WEBSITE ADDRESS: www.vandewatcrlaw.com [Pd~~~~~~[D) Brctt E. Jones Rcbecca A. Valk Arncc C. VanTasscll Audrey Friedrichsen Scott GENERAL E-MAIL ADDRESS: inJoi!vvandewalerlaw.com April 29, 2010 APR 3 0 2010 TOWN OF \lVAPPINGER TO\N~'J CLERK Twon Clerk Town of wappinger P. O. Box 324 20 Middlebush Road Wappingers Falls, NY Co' iJr-"".-' .. t 12590 Re: Town of Fishkill Proposed Local Law No. of 2010 -- A Local Law of the Town of Fishkill, Dutchess County, New York Amending Chapter 150, section 150-61.A(6) "Maximum Size of Buildings" of the Town of Fishkill Town Code Dear Sir or Madam: Enclosed please find a notice of public hearing in regard to the above referenced Town of Fishkill proposed Local Law for 2010. Very truly yours, VAN DEWATER & V~~EWATER' LLP By, ~/ / RON C. ~LASS, JR. / RCB : nlbg / Enclosure cc, Darlene Bellis, Town Clerk (w/o ~nclosuresl Christopher Colsey, Municipal Development Director (w/o enclosures) Cn~ NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Fishkill will hold a public hearing at the Town Hall, 807 Route 52, Fishkill, New York on ,7) ~ .,,' /)-.. 2010 at r;)lu o'clock, I l2.m., on proposed local law #_ of the Town of Fishkill, Dutchess County, New York amending Chapter 150, Section 150-61.A( 6) "Maximum Size of Buildings" of the Town of Fishkill Town Code. 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 Fishkill, at the Town Hall, 807 Route 52, Fishkill, New York between the hours of 9:00 a.m. and 4:00 p.m. on all business days 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. DA TED: Fishkill, New York , . ", / l' ';Jf,4/7'/01<'/ -'J! , 20 I 0 ,/' / // Ji~1 I j I I /'~. (J f r-, /1\ /A /Z.L/1te. '-'~ ~ 'DARLENE BELLIS, TOWN CLERK " .J VAN DEW ATER AND VAN DEW ATER, LLP COUNSELORS AT LAW John B. Van DeWater (1892-1968) Robert B. Van DeWater (1921-1990) John K. GilYord James E. Nelson Gerard J. Comatos, Jr. Ronald C. Blass, Jr. Kyle W. Barnett Cynthia S. Rosenzweig 85 CIVIC CENTER PLAZA, SUITE 101 P.O. BOX 112 POUGHKEEPSIE, NEW YORK 12601 (845) 452-5900 Fax (845) 452-5848 Noel deCordova, Jr. (Retired) Edward vK Cunningham, Jr. Susanna E. Bedell (1918-2006) Perry Satz (Retired) Counsel WEBSITE ADDRESS: www.vandewatcrla\V.com ~~~~~%7~[o) Brett E. Jones Rebecca A. Valk Amee C. VanTassell Audrey Friedrichsen Scott GENERAL E-MAIL ADDRESS: in fouvvandewaterla w .com April 29, 2010 APR 3 0 2010 TOWN OF vVAPPINGER TO\lVi'J CLERK Twon Clerk Town of Wappinger P. O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590 Re: Town of Fishkill Proposed Local Law No. of 2010 -- A Local Law of the Town of Fishkill, Dutchess County, New York Amending Chapter 150, section 150-61.A(6) "Maximum Size of Buildings" of the Town of Fishkill Town Code Dear Sir or Madam: Enclosed please find a notice of public hearing in regard to the above referenced Town of Fishkill proposed Local Law for 2010. Very truly yours, 1 VAN DEWATER & VAN/~EWATER, LLP ./ By: I) / /",> ./ RON~ C. ,.BLAS S , JR. RCB:nlbg ! Enclosure ; cc: Darlene Bellis, Town Clerk (w/o knclosures) Christopher Colsey, Municipal Development Director (w/o enclosures) NOTICE OF PUBLIC HEARING TAKE NOTICE, that the Town Board of the Town of Fishkill will hold a public hearing at the Town Hall, 807 Route 52, Fishkill, New York on7)/~ ..... /)-l 2010 at ~~\lu o'clock, I (J .m., on proposed local law #_ of the Town of Fishkill, Dutchess County, New York amending Chapter 150, Section 150-61.A(6) "Maximum Size of Buildings" of the Town of Fishkill Town Code. 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 Fishkill, at the Town Hall, 807 Route 52, Fishkill, New York between the hours of 9:00 a.m. and 4:00 p.m. on all business days 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: Fishkill, New York '-4":'. /1" '.-'J //./{//'/:A ) I ,2010 / (. . / /) / //- / / /.~l/ ;/ //, \.'(J (2I~~; ,~ ,/. ,--1./ L/~ ..(;. <'"'..It .0 ,-,"",,<...-->L--~ DARLENE BELLIS, TOWN CLERK ,., .J TOWN CLERK Chris Masterson 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845) 297-4158 - Main (845) 297-5771 - Direct (845) 298-]478 - Fax Office of the Town Clerk Distribution Sheet CC Town Board Supervisor Colsey Councilman Beale Councilman Bettina Councilwoman Czamiecki Councilman Paoloni m Joseph Incoronato \ . Correspondence Log \ ~ . I Town Attorney If 1 8 CD AI Roberts f I ... Scott Volkman ! ::::s m Town Engineer r I ~ Robert J. Gray ! - I Greg Bolner { / Walter Artus Town Planner EJ I 0 David Stolman Send W/Flllng Sheet C Trish Maupin CD "0 Mark Liebermann I>> George Kolb ;:l Tatiana Lukianoff 3 Barbara Roberti CD Victor Fanuele ::s Christian Harkins ... ~ Ralph Holt CD Kay Von Reyn I>> Eileen Manning Q. Graham Foster :!! r- m 16~ PLA CE ON FILE TOWN SUPERVISOR Christopher 1. Colsey TOWN BOARD William H. Beale Vincent Bettina Ismay Czamiecki Joseph P. Paoloni 5cJf ( ",'" ~ I ^'G I TvwV' ) Town of (POUfJ IikJepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 March 29,2010 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town 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 ~~ ~~~~ ), .; / ~< ~~, ~ ~ ~~. NOTICE IS HEREBY GIVEN, pursuant to Section 239 ofthe 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, MAY 5th, 2010, at 7:00 p.m. regarding the following: BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 5th day of May, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically 9210-162, entitled "Consultants Fees" and 9 162-160, entitled "Exemptions", which amendments would be as follows: 9210-162. Consultant Fees - Delete entire Section 9210-160. Exemptions -Delete Paragraphs "A", "B" and "C" AND BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Please find copy of Resolution 3:24- # 29 of2010 and also the Public Hearing notice for your review and recommendation. Sincerely, ~s rn-J.QL,~ Susan J. Miller, Town Clerk Town of Poughkeepsie RESOLUTION 3:24 - # 29 OF 2010 BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 5th day of May, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically 9210-162, entitled "Consultants Fees" and 9 162-160, entitled "Exemptions", which amendments would be as follows: 9210-162. Consultant Fees - Delete entire Section 9210-160. Exemptions - Delete Paragraphs "A", "B" and "C" AND BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental ~uality Review Act and does declare that said action is a Type II Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Dated:~O ~~ ~y) ~61() Moved: .~t>~ K'l\.{\~' . 6 () Seconded: Ayes 5 Nays DDH:mlp t-3/17/1O m-3/24/l0 G:\mllegal\r\20 1 O\mar\3-24mtg'amendchapter21 O-sd.doc AYE NAY Councilman Lecker (Qb~ I Councilman Eagleton cab SJ.Ndr ) Councilman Conte .../' Councilman Cifone 1./1 Councilman Krakower V? Councilman Tancredi v Supervisor Myers vi 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 5th day of May, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically g 210-162, entitled "Consultants Fees" and g 162-160, entitled "Exemptions", which amendments would be as follows: g210-162. Consultant Fees - Delete entire Section g210-160. Exemptions - Delete Paragraphs "A", "B" and "C" AND ALSO TAKE FURTHER NOTICE, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and AND ALSO TAKE FURTHER NOTICE, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and AND ALSO TAKE FURTHER NOTICE, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie March 29, 2010 dECEIVl::L MAR 3 0 2010 LEGAL NOTICE 'III'", ~I r::,-. PLEASE TAKE NOTICE that on Tuesday April 6,2010, beginning at 7:30 pm or as soon thereafter as the matter may be reached on the agenda, at the Village Planning and Zoning office, American Legion Hall, 7 Spring Street, Village of Wappingers Falls, the Zoning Board of Appeals of the Village of Wappingers Falls will hold a public hearing on the request of Sterling Acquisitions Group, LLC, 600 South Livingston Avenue, Suite 102, Livingston, NJ 07039 seeking the following area variances relating to two buildings constituting a proposed project known as "Riverbend II," a 54~unit luxury apartment complex with internal garages, to be located on the southerly portion of an 8.6 acre parcel, identified as Tax parcel Number: 135601- 6158-20-779013, with frontage on the north side of Myers Comers Road, across from, and just west of, its intersection with Losee Road: A. APPEAL 2010-5 HEIGHT VARIANCES from Section 151- 16(B) of the Zoning Ordinance: (1) Proposed building height in feet: allowed is 40 feet and proposed is 49 feet, 6 inches and (2) Proposed number of stories: allowed is 3 stories and proposed is 4 stories. B. APPEAL 2010-6 SIGN VARIANCES relating to entrance sign to project (1) from Section 151- 12(H)( 1 )(b) of the Zoning Ordinance - Allowed square footage for a sign is 12 sq. ft. per side and proposed is 25 sq. per side (2) from Section 151-12.1(F)(2)(a) Down lighting required and applicant proposes uplighting of SIgn. At the public hearing, all interested persons will be given an opportunity to be heard. Complete copies of the application including elevations and perspective drawings of the proposed buildings are on file with the Village Planning office (845-297-5277). PLEASE TAKE FURTHER NOTICE that on March 4,2010, the Planning Board of the Village ofWappingers Falls adopted a Negative Declaration determining that the proposed action will not result in any significant adverse environmental impact. Signed: Lloyd Frink, Chairman Zoning Board of Appeals March 23,2010 Village ofWappingers Falls Dated: LEGAL NOTICE dECEIVf::L MAR 3 0 2010 '>1'\''\1 '"'I r:::,.., PLEASE TAKE NOTICE that on Tuesday April 6, 2010, beginning at 7:30 pm or as soon thereafter as the matter may be reached on the agenda, at the Village Planning and Zoning office, American Legion Hall, 7 Spring Street, Village of Wappingers Falls, the Zoning Board of Appeals of the Village ofWappingers Falls will hold a public hearing on the request of Sterling Acquisitions Group, LLC, 600 South Livingston Avenue, Suite 102, Livingston, NJ 07039 seeking the following area variances relating to two buildings constituting a proposed project known as "Riverbend II," a 54-unit luxury apartment complex with internal garages, to be located on the southerly portion of an 8.6 acre parcel, identified as Tax parcel Number: 135601- 6158-20-779013, with frontage on the north side of Myers Comers Road, across from, andjust west of, its intersection with Losee Road: A. APPEAL 2010-5 HEIGHT VARIANCES from Section 151- 16(B) of the Zoning Ordinance: (1) Proposed building height in feet: allowed is 40 feet and proposed is 49 feet, 6 inches and (2) Proposed number of stories: allowed is 3 stories and proposed is 4 stories. B. APPEAL 2010-6 SIGN VARIANCES relating to entrance sign to project (1) from Section 151- 12(H)(1 )(b) of the Zoning Ordinance - Allowed square footage for a sign is 12 sq. ft. per side and proposed is 25 sq. per side (2) from Section 151-12.1(F)(2)(a) Down lighting required and applicant proposes uplighting of SIgn. At the public hearing, all interested persons will be given an opportunity to be heard. Complete copies of the application including elevations and perspective drawings of the proposed buildings are on file with the Village Planning office (845-297-5277). PLEASE TAKE FURTHER NOTICE that on March 4,2010, the Planning Board of the Village ofWappingers Falls adopted a Negative Declaration determining that the proposed action will not result in any significant adverse environmental impact. Signed: Lloyd Frink, Chairman Zoning Board of Appeals March 23,2010 Village ofWappingers Falls Dated: .-rl c 617.7 State Environmental Quality Review (SEQR) Negative Declaration Notice of Determination of Non-Significance Supervisor Office MAR 26 2010 Received Date of Adoption: March 4,2010 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Village ofWappingers Falls Planning Board, as Lead Agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Actio dECE'VCL MAR 2 9 2010 SEQR Status: Type I Unlisted Ii:]' o '\II",. ~I J:'I""' Conditioned Negative Declaration: o Ii:]' YES NO Description of Action: The proposed action involves construction of two 3,000 square foot two-story 4 unit apartment buildings and two 4,500 square foot two-story 6 unit apartment buildings (for a total of 20 multifamily dwelling units) with 30 off-street parking spaces, access drives, stormwater facilities, and landscaping. A total of::t 12,000 cubic yards of material will be removed from the site. Sanitary sewage disposal and water supply will be provided via connection to the Village of Wappingers Falls municipal systems. A sidewalk along a portion of Franklindale Avenue is proposed as part of the action. Stormwater from the site will be discharged into the Wappinger Creek. Location: Franklindale Avenue, Wappingers Falls, Dutchess County, NY Negative Declaration Creekside Springs Page 1/ Reasons Supporting This Determination: 1. The Village ofWappingers Falls Planning Board has given due consideration to the subject action as defmed in 6 NYCRR 617.2(b) and 617.3(g). 2. After reviewing the Environmental Assessment Form (EAF) for the project dated February 23,2009 and revised February 22,2010, the Planning Board has concluded that environmental effects of the proposed project will not exceed any of the Criteria for Determining Significance found in 6 NYCRR 617.7(c). 3. The proposed action will consist of construction on slopes 15% or greater. Disturbance to the site during construction will be minimized to the extent practical. Temporary erosion and sediment control measures, such as silt fencing, erosion control matting and check dams, will be provided and locations have been shown on the plan to indicate the limits of disturbance and to delineate the areas deemed necessary for regrading and clearing during construction. Both temporary and permanent mitigation measures during and after the construction phase will be used in an effort to. reduce the sediment laden runoff created by the disturbed areas. Approximately 12,000 cubic yards of material, requiring approximately 1,100 truck trips, will be removed from the site. Truck traffic will convey the material south on Creek Road to New Hamburg Road (County Route 28) to Route 9D. All truck traffic will utilize major roads and will not go though any residential neighborhoods. No material will be transported through, or disposed of, within the Village ofWappingers Falls without the authorization of the Village of Wappingers Falls Planning, Building and Zoning Departments. Based on the foregoing, no significant adverse impacts on land will occur. 4. The development of the project will alter the existing drainage patterns by intercepting the sheet flow and channeling it into a stormwater system and water quality basins. The site's stormwater will be discharged into Wappinger Creek after proper treatment. The discharge will be in compliance with the NYS DEC SPDES General Permit GP-0-008-0. A Stream Disturbance permit from NYS DEC and the Army Corps of Engineers will also be required. Based on the foregoing, no significant adverse impacts on water will occur. 5. Dust will be created during development of the site. Measures to control dust during construction are outlined in the Preliminary Stormwater Pollution Prevention Plan prepared by M.A. Day Engineering dated December 21, 2009 and include features such as watering and mulching disturbed areas, and use of stabilized pads at the construction entrance to minimize the tracking of sediment onto public streets and right-of-ways. Based on the foregoing, no significant adverse impacts to air quality will occur. 6. Correspondence from NYS DEC Natural Heritage Program indicates the potential presence of two species of conservation concern, Indiana Bat and Pied-billed Grebe, on or in the immediate vicinity of the site, in addition to an anadromous fish concentration area in the vicinity of the site. The applicant submitted a ''Threatened and Endangered Species Habitat Suitability Assessment" prepared by Ecological Solutions, LLC dated September 11, 2009. The study determined that there is no potential Indiana Bat habitat in the development area of the parcel since the trees in tIlls location do not meet the criteria for use by this species. In addition, there is no wetland habitat or waterbodies or Negative Declaration Creekside Springs Page 2 access to these resources from the parcel that is capable of supporting the Pied-billed Grebe or any anadromous fish species. Based on the foregoing, no significant adverse impacts to plants or animals will occur. 7. The project site is contiguous to a property that is listed on the State and National Registers of Historic Places, and is located in an area that has been identified by the NYS OPRHP as sensitive for archaeological resources. The applicant submitted a Stage 1 Cultural Resource Investigation conducted by Cultural Resource Consulting, dated November 24,2009. Although background research indicated the potential existed for locating prehistoric cultural resources on the site, none were identified during the Stage 1B investigation, beyond a stray find flake fragment. Two stone structural elements are outside the area of potential effect and will not be adversely impacted by the proposed project. In correspondence dated January 5, 2010, NYS OPRHP determined that agency has no further concerns regarding archaeology and additional survey work is not warranted. With regard to historic resources, significant existing vegetation on the adjacent Superintendent's House site, which is listed on the State and National Registers of Historic Places, will screen the proposed project from the historic site. In addition, the applicant will continue to explore locating the proposed utilities so as to maintain as much existing vegetation along the northern and western boundaries of the subject site as possible, as recommended by NYS OPRHP, and to create an area for additional evergreen plantings to provide additional screening. Based on the foregoing, no significant adverse impacts to cultural resources will occur. 8. Noise impacts will occur during the construction phase. The greatest impacts will occur during excavation of the site, which is anticipated to take approximately one (1) month. The nearest residence is approximately 190 feet from the property boundary, and a second residence is located approximately 206 feet away. The applicant anticipates that during excavation, a total of one (1) excavator with a pneumatic or hydraulic ramp, and two (2) dump trucks will be operating at the site at once. At 200 feet, typical noise levels for excavation equipment is 77 dBA, and typical noise levels for a dump truck is 79 dBA (source: Bolt, Beranek and Newman, Inc., 1971). The combined effect of this equipment will be outdoor noise levels considered "unacceptable" (greater than 75 dBA) by the US Department of Housing and Urban Development, which has established 65 dBA as the threshold for "normally acceptable" outdoor noise. To mitigate this impact, all construction activities shall be limited to 8:00 am to 8:00 pm on weekdays and 9:00 am to 8:00 pm on weekends, in accordance with the Village's Noise Ordinance. All construction related noise will cease once construction is completed and is therefore considered a short-term potential impact. Based on the foregoing, no significant adverse impacts to noise will occur. 9. The proposed project consists of construction of 20 multifamily two-bedroom dwelling units anticipated to rent at more than $1,100 per unit. According to multipliers provided by Rutgers University, Center for Urban Policy Research ("Residential Demographic Multipliers," June 2006), the project will result in 53 new residents, 5 of which would be school age children. The proposed action will not create a significant demand for additional community services. Negative Declaration Creekside Springs Page 3 For Further Information: Contact Person: Address: Mary Ann Loncto, Planning Board Secretary 7 Spring Street Wappingers Falls, NY 12590 845-297-5277 Telephone: A Copy of this Notice Filed With: Village ofWappingers Falls Planning Board (Lead Agency) Village ofWappingers Falls Board of Trustees Town of Wappinger Town Board Town of Wappinger Planning Board (Interested Agency) Dutchess County Health Department Tri-Municipal Sewer Commission New York State Department of Environmental Conservation Creekside Springs, LLC (applicant) NYS DEC Environmental Notice Bulletin enb@gw.dec.state.ny.us Negative Declaration Creekside Springs Page 4 'Town of Pougli~epsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town 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 RECE\VELJ FEB 2 ~2010 "'~WN Cl,~ February 22, 2010 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, March 24th, 2010, at 7:00 p.m. regarding the following: The Town Board ofthe Town of Poughkeepsie does hereby set the 24th day of March, 2010 as and for the date of a public hearing to be held at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", Sections: S 210-23. South Hills Center (SHe) District. S 210-24. Crown Heights Center Overlay (CHCO) District. S 210-25. Fairview Center. S 210-26. Salt Point Center. S 210-27. MacDonnel Heights Center (MHC) District. S 210-28. Rochdale Road Hamlet (RRH) District. S 210-29. Red Oaks Mill Neighborhood Services Center (ROMNSC) District. S 210-33. Neighborhood Business (B-N) District. S 210-34. Neighborhood Highway Business (B-NH) District. S 210-35. Highway Business (B-H) District. S 210-36. Shopping Center Business (B-SC) District. S 210-38. Institutional (IN) District. S 210-102.0utdoor restaurant dining facilities. . and also that the Town Board of the Town of Poughkeepsie does declare itself Lead Agency under the New York Environmental Quality Act and pursuant to a review of the Short Form Environmental Assessment Form, does declare that said action is an Unlisted Action Please find copy of Resolution 2:17-# 3 of2010 and also the Public Hearing notice for your review and recommendation. Sincerely, .... S Vlft;(\;r (YI~ Susan J. Miller, Town Clerk Town ofPou~hkeepsie February 22n ,2010 RESOLUTION 2:17 - # S OF 2010. BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 24th day of March, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", Sections 210-23 - 210-29 and Sections 210-33 - 210-36, Section 210-38 and Section 21 0-102, which proposed amendments are attached hereto and incorporated herein; and BE IT FURTHER RESOLVED, that the Town Board waives a verbatim reading of said amendments and that the Town Clerk is directed to spread the amendments across the record as if they had been read verbatim, and BE IT FUR THER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and BE IT FUR TIlER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law , if adopted, shall take effect immediately upon filing with the Secretary of State. DDH:mlp Attachment t-21l2/10 m-2/17/10 G:\mllegal\r\20 1 O\feb\2-17mtg\amendchapter21 O-sd2.doc Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers Dated: Moved: Seconded: Ayes AYE 2 1- o Nays NAY ~ 210-23. South Hills Center (SHC) District. C) Special permitted uses. Special permitted uses shall be as follows (Note: n*n designates a use which is also subject to site plan approval by the Planning Board): 1) * Clinics. 2) *Day-care center, subject to ~210-65. 3) *Hotel, motel, subject to ~210-75. 4) *Inn, subject to ~210-77. 5) *Motor vehicle accessory sales. 6) *Motor vehicle repair facility. 7) *Personal service business, with drive-in or drive-thru. S) *Retail business, with drive-in or drive-thru. 9) *Restaurants, with drive-in or drive-thru. 10) *Service business, with drive-in or drive-thru. D) Accessory uses shall be as follows (Note: ,,*n designates a use which is also subject to site plan approval by the Planning Board): 1) Accessory buildings and structures, subject to ~210-4S. 2) *Outdoor restaurant dining facilities subject to ~21O-102. 3) Temporary buildings for construction purposes, subject to ~210-109. ~ 210-24. Crown Heights Center Overlay (CHCO) District. B) Permitted principal and accessory uses within the CHCO District shall be as follows. All proposed CHCO development shall follow the procedures set forth in section "C" below. All CHCO uses shall also require site plan review and approval by the Planning Board in accordance with ~21O-150 of this Chapter, and subdivision review and approval by the Planning Board, if applicable, in accordance with Chapter 177: 1) Accessory apartments. 2) Accessory buildings and structures customary to the permitted principal uses. 3) Art gallery. 4) Bakery, retail. 5) Band stands, skating rinks, miniature golf, swimming pools. 6) Bank or financial services. 7) Bar, tavern. S) Bus passenger shelter. 9) Bowling alleys. 10) Clinics. 11) Club, health and fitness. 12) Convenience store. 13) Country clubs. 14) Day care center. 15) Delicatessen. 16) Dwelling, two-family. 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. 25) Inn. 26) Laundry, Laundromat, dry cleaner. 27) Libraries and civic uses. 28) Medical offices. 29) Museums. 30) Office. 31) *Outdoor restaurant dining facilities subject to 9210-102: 32) Parks. 33) Parking lots. 34) Personal service business. 35) Places of religious worship. 36) Playgrounds. 37) Public utility structures. 38) Restaurant. 39) Retail business. 40) Service business. 41) Shopping center. 42) Supermarket, grocery, not to exceed 50,000 gross square feet. 43) Temporary buildings for construction purposes. 44) Theaters, playhouses. 45) Veterinary offices. 2 fi 210-25. Fairview Center. c) Special permitted uses. Special permitted uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) *Clinics. 2) *Day-care center, subject to 9210-65. 3) *Hotel, motel, subject to 9210-75. 4) *Inn, subject to 9210-77. 5) *Motor vehicle accessory sales. 6) *Motor vehicle repair facility. 7) *Personal service business, with drive-in or drive-thru. 8) *Retail business, with drive-in or drive-thru. 9) *Restaurants, with drive-in or drive-thru. 10) *Service business, with drive-in or drive-thru. D) Accessory uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) Accessory buildings and structures, subject to 9210-48. 2) *Outdoor restaurant dining facilities subject to 9210-102. 3) Temporary buildings for construction purposes, subject to 9210-109. fi 210-26. Salt Point Center. c) Special permitted uses. Special permitted uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) *Bed-and-breakfast, subject to 9210-55. 2) *Commercial recreation, indoor only. 3) *Day-care center, subject to 9210-65. 4) *Home occupations, subject to 9210-74. 5) *Inn, subject to 9210-77. 6) *Multi-family dwellings, and mixed residential and non-residential uses within multi-story structures as part of a unified development on a single lot. 7) *Nursery school, subject to 9210-65. D) Accessory uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) * Accessory buildings and structures, subject to 9210-48. 2) *Clubhouse as part of a common use area for a residential project. 3) *Outdoor restaurant dining facilities subject to 9210-102. 4) *Swimming pool (private), subject to ~21O-107. 3 5) *Temporary buildings for construction purposes, subject to ~210-109. ~ 210-27. MacDonnel Heights Center (MHC) District. .- C) Special permitted uses. Special permitted uses shall be as follows (Note: n*n designates a use which is also subject to site plan approval by the Planning Board): 1) *Bed-and-breakfast, subject to ~210-55. 2) *Commercial garage. 3) *Commercial recreation, indoor only. 4) *Day"care center, subject to ~210"65. 5) *Home occupations, subject to ~210'74. 6) *Motor vehicle accessory sales. 7) *Multi-family dwellings, and mixed residential and non-residential uses within multi"story structures as part of a unified development on a single lot. 8) *Nursery school, subject to ~21O"65. D) Accessory uses shall be as follows (Note: n*" designates a use which is also subject to site plan approval by the Planning Board): 1) * Accessory buildings and structures, subject to ~210"48. 2) *Clubhouse as part of a common use area for a residential project. 3) *Outdoor restaurant dining facilities subject to ~21O"102. 4) *Swimming pool (private), subject to ~210-107. 5) *Temporary buildings for construction purposes, subject to ~210"109. ~ 210-28. Rochdale Road Hamlet (RRH) District. B) Permitted uses. Permitted uses shall be as follows (Note: n*n 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. 6) *Delicatessen. 7) *Health club. 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-in or drive"thru. 4 12) *Service business, no drive-in or drive-thru. 13) *Supermarket. 14) *Theater. 15) *Warehouse, moving and storage. C) Special permitted uses. Standalone and combined residential and neighborhood scale non-residential uses are allowed subject to special use permit approval by the Zoning Board of Appeals. Special permitted uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) *Day-care center, subject to ~210-65. 2) *Dwelling, multi-family. 3) *Inn, subject to ~210-77. 4) *Motor vehicle service facility, no car wash, subject to ~210-90. 5) *Mixed residential and non-residential uses within multi-story structures as part of a unified development. D) Accessory uses shall be as follows (Note: "*,, designates a use.,which is also subject to site plan approval by the Planning Board): 1) * Accessory buildings and structures, subject to ~210-48. 2) *Outdoor restaurant dining facilities subject to ~210-102. 3) *Swimming pool (private), subject to 9210-107. 4) Temporary buildings for construction purposes, subject to ~21O-109. ~ 210-29. Red Oaks Mill Neighborhood Services Center (ROM~SC) District. 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) *Outdoor restaurant dining facilities subject to ~210-102. 3) Temporary buildings for construction purposes, subject to ~210-109. ~ 210-33. Neighborhood Business (B- N) District. C) Special permitted uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) Owner occupied accessory apartments not occupying any ground floor area, subject to ~21O-46. 2) * Animal hospital, subject to ~210-52. 3) *Bar, tavern, subject to ~210-54. 4) *Day-care center, subject to ~210-65. 5) *Funeral home, subject to ~210-71. 6) *Motor vehicle accessory sales, subject to ~210-86 5 7) *Motor vehicle repair facility, subject to ~210-87. 8) *Motor vehicle service facility, subject to ~210-90. 9) *Nursery school, subject to ~210-65. 10) *School-age child-care facility, subject to ~210-65. 11) *Swimming pools (public), subject to ~210-108. D) Accessory uses shall be as follows (Note: "*" designates a us'e which is subject to site plan approval by the Planning Board): 1) * Accessory buildings and structures, subject to ~210-48. 2) *Outdoor restaurant dining facilities subject to ~210-102. 3) Temporary buildings for construction purposes, subject to ~210-109. ~ 210-34. Neighborhood Highway Business (B- NH) District. c) Special permitted uses shall be as follows (Note: "*" designates a use which is also subject to site plan approval by the Planning Board): 1) Owner occupied accessory apartments not occupying any ground floor area, subject to ~210-46. 2) * Animal hospital, subject to ~21O'52. 3) *Bar, tavern, subject to ~210-54. 4) *Day'care center, subject to ~210'65. 5) *Funeral home, subject to ~21O-71. 6) *Motor vehicle accessory sales, subject to ~210-86 7) *Motor vehicle repair facility, subject to ~210-87. 8) *Motor vehicle sales and service facility, subject to ~210-89. 9) *Motor vehicle service facility, subject to ~210-90. 10) *Nursery school, subject to ~21O-65. 11) *Personal service business, with drive-in or drive-thru. 12) *Retail business, with drive-in or drive-thru. 13) *Restaurant, with drive-in or drive"thru. 14) *Service business, with drive-in or drive-thru. 15) *School-age child-care facility, subject to ~21O-65. 16) 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) *Outdoor restaurant dining facilities subject to ~210-102. 3) Temporary buildings for construction purposes, subject to ~210-109. 6 ~ 210-35. Highway Business (B-ll) District. C) Special permitted uses shall be as follows (Note: "*,, designates a use which is also subject to site plan approval by the Planning Board): 1) * Animal hospitals, subject to ~21O-52. 2) *Bar, tavern subject to ~21O-54. 3) *Day-care centers, subject to ~21O-65. 4) *Kennels, subject to ~21O-78. 5) *Motor vehicle rental facility, subject to ~210-88. 6) *Motor vehicle repair facility, subject to ~210-87. 7) *Motor vehicle sales and service, subject to ~210-89. 8) *Motor vehicle service facility, subject to ~21O-90. 9) *Nursery school, subject to ~210-65. 10) *Recreation clubs, subject to ~21O-64. 11) *School-age child-care facility, subject to ~21O-65. 12) *Warehousing, storage buildings, subject to ~210-115. 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) *Bus passenger shelter. 3) *Parking garage. 4) *Outdoor restaurant dining facilities subject to ~210-102: 5) Temporary buildings for construction purposes, subject to ~21O-109. ~ 210-36. Shopping Center Business (B-SC) District. 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 9210-48. 2) *Bus passenger shelter. 3) *Garage, commercial. 4) *Outdoor restaurant dining facilities subject to 9210-102. 5) Temporary buildings for construction purposes, subject to ~21O-109. ~ 210-38. Institutional (IN) District. D) Accessory uses shall be as follows (Note: "*,, designates a use which is subject to site 7 plan approval by the Planning Board): 1) * Accessory buildings and structures, subject to ~210"48. 2) * Any uses customarily incidental to the principal permitted uses. 3) *Cafeteria, food service. 4) *Dormitories. 5) *Equipment storage buildings. 6) * Library. 7) *Outdoor restaurant dining facilities subject to ~21O"102. 8) *Parking garages and loading facilities. 9) *Recreational facilities, indoor and outdoor. 10) Temporary buildings for construction purposes, subject to S210-109. n) *Theater. ~ 210-102. A) Outdoor restaurant dining facilities. . 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 prompt removal of litter, thus limiting littering and the controlling of objectionable visual and noise intrusion to surrounding property. Outdoor restaurant dining facilities shall be accessory to a restaurant use and shall be subordinate to the main dining area located within a building in which the restaurant use is located. B) Criteria. In any district where permitted, the outdoor restaurant dining facility for any restaurant shall comply with the following provisions: 1) Outdoor trash facilities sufficient to accommodate the maximum number of patrons who will be dining outdoors shall be provided. 2) The outdoor restaurant dining facility shall be a conc:rete or other impervious ground structure on which tables and chairs will be placed shall be provided. 3) The outdoor restaurant dining facility shall be an area defined by landscaping and/or a man"made structure, as determined by the Planning Board. 4) Hours of use shall be between 7:00 a.m. to n:oo p.m. 5) Parking shall be in accordance with the criteria set for an indoor restaurant within the particular zone. 6) Any lighting shall be arranged as to reflect the light away from the adjoining properties and abutting roadways, as determined by the Planning Board. 7) Outdoor dining areas shall meet the same setbacks as the principal structure or building. 8) Outdoor music, live performances, or sound amplified from the interior of the principal structure or building shall be prohibited. 8 9) The placement, installation, and use of sound amplifiers or public address systems shall be prohibited. 10) In approving any outdoor restaurant dining facility within a mall or a site having shared common areas the Planning Board shall ensure that safe ingress and egress from the restaurant is provided, and shall further ensure that safe pedestrian movement around the facility is adequate. 11) In approving any outdoor restaurant dining facility the Planning Board shall ensure that nearby residential districts are appropriately shielded from noise and light from the facility, and may require visual and noise mitigation such as walls, fences, landscaping, additional setbacks, etc., as required to provide adequate mitigation. G:\mllegal\r\20 1 O\feb\2-17mtglamendchapter21 O-sd-attachment.doc 9 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 24th day of March, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", Sections S 210-23. South Hills Center (SHC) District. S 210-24. Crown Heights Center Overlay (CHCO) District. S 210-25. Fairview Center. S 210-26. Salt Point Center. S 210-27. MacDonne1 Heights Center (MHC) District. S 210-28. Rochdale Road Hamlet (RRH) District. S 210-29. Red Oaks Mill Neighborhood Services Center (ROMNSC) District. S 210-33. Neighborhood Business (B-N) District. S 210-34. Neighborhood Highway Business (B-NH) District. S 210-35. Highway Business (B-H) District. S 210-36. Shopping Center Business (B-SC) District. S 210-38. Institutional (IN) District. S 210-102. Outdoor restaurant dining facilities. which proposed amendments are available for review in regard to Public Comment, in the Town Clerk's Office at 1 Overocker Road, Poughkeepsie, NY , Monday thru Friday between the hours of 8:00 AM and 4:00 PM. PLEASE ALSO TAKE FURTHER NOTICE, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and .. PLEASE ALSO TAKE FURTHER NOTICE, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town ofPou~hkeepsie February 22n ,2010 2 / TOWN OF LAGRANGE CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX February 18, 2010 NYS Departrn.ent of Transportation Re~ioI1 8 Burn:ett.Boulevard Poughkeepsie, NY 12603 Clerk Cityof 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 ofNewburgh 1496 Route 300 Newburgh,NY 12550 Town Clerk Town ofPhiHpstown 238 <Main. Street POBox 155 ColdSpring, NY 10516 Regional Director Office of Parks and Historic Preservation Taconic Region Staatsburg, NY 12580 Clerk Putnam County Legislature 40 Gleneida Avenue Cannel 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 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 " ",' '" ~own of (foug IikJepsie SUSAN J. MILLER ONEOVEROCKERROAD POUGHKEEPSIE, NY 12603 December 9, 2010 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 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 NOTICE IS HEREBY GIVEN, 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, January 19th, 2011 at 7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210, entitled "Zoning" specifically ~ 210-9, entitled "Definitions" and ~ 210-74, entitled "Home Occupations". This has been revisedfrom the version sent out in September, 2010. Please fmd copy of Resolution: 12:8 -#5 of2010 and also the Public Hearing notice for your review and recommendation. Sincerely, fA ~oJL{AW{) Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie 1R1~{(Jj DEe 1 4 ZO'a TOWN OF I TOWN WCAPPINGfER ... LERk .. RESOLUTION 12:8 - # ~ OF 2010 BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 19th day of January, 2011 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overacker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210-9, entitled "Definitions" and S 210-74, entitled "Home Occupations", which amendments would be as follows: ~ 210-9. Definitions. DELETE: Horne Occupation Habitable Space ~210-9. Defmitions. ADD: HOME OCCUPATION - The use of a portion of a dwelling unit for non-residential purposes by a resident thereof. HABITABLE SPACE - A space in a building for living, sleeping, eating or cooking, or used as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. DELETE: ~210-74. Horne Occupations. ADD: ~210-74. Horne Occupations. 10 General criteria. 1) The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. 2) Only one home occupation per residential unit shall be permitted. A home occupation shall be clearly accessory to the principal residential use of the dwelling and shall not change the character thereof. 3) All home occupation activities shall be conducted within the enclosed space of the principal building. No outdoor storage or displays shall be permitted. 4) The residence must be occupied by those engaged in the home occupation as their principal domicile. 5) A sign or nameplate identifying the name of the business and the service in accordance with Article IX of this Chapter is permitted. 6) No services generating noise audible beyond the parcel boundary shall be permitted. 7) The home occupation shall not generate more than four one'way, commercial vehicle trips per day. 8) No stock-in-trade shall be permitted. 9) No home occupation shall create a hazard to public health, welfare or safety. B) The following uses are specifically prohibited as home occupations shall include, but are not limited to, the following: retail sales or rental business; bed & breakfast; ambulance, taxi, or towing service; automobile-related business including repair, parts, sales, upholstery, body work, painting, washing, or detailing service; appliance or engine repair, rental, or service; restaurant; bar; servicing of construction equipment; public stable; kennel; animal hospital; group instrument instruction; boarding house; funeral home or mortuary establishments; convalescent homes and other extended care medical facilities. C) Specific criteria: 1) Home occupations that meet the following criteria are allowed sub~~ct J;9 registration with the Zoning Administrator and payment of a fee as set13'/tll~ Town Board. The registration shall identify the name of the person(s) operating the business; the business name; the name of the property owner; and a certification as to compliance with the general and the specific criteria as set forth herein. a) No more than one nonresident employee may be employed in the home occupation. b) The area of the principal structure in which the home occupation is conducted shall meet all requirements for habitable space as defined in ~210'9. c) No more than 15% of the floor area of the principal structure may be used in the home occupation. d) Areas devoted to inventory and supplies shall not occupy more than 50% of the area permitted to be used for the home occupation. e) Services and instruction offered are limited to no more than two clients or customers at a time. it \ 2) Home occupations that do not meet the criteria in paragraph "C" above but meet the following criteria are allowed subject to Special Use Permit approval by the Zoning Board of Appeals and are also subject to the requirements of the New York State Uniform Fire Prevention and Building Code for a commercial occupancy. a) No more than two nonresident employees shall be permitted. 2 b) No more than 25% of a residential building's floor area, as defined in ~210-9, shall be devoted to such use. c) Services and instruction offered shall be limited to no more than five clients or customers at a time. d) Any additional parking spaces as may be required for the home occupation shall be provided in such a manner as to preserve the residential character of the parcel, subject to review and approval by the Zoning Board of Appeals. D) Occupations that do not meet the general criteria and either c(I) or C(2) of the specific criteria are not home occupations and are not permitted pursuant to this section. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FUR THER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML S 239-m, and to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code S 210-154; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. Dated: A^ VY'<\L--e.N (i) t I ~ () ) 0 J Moved: ~~ A.. ~ ~{V\f~)', orA; Seconded: ltUf l4'V\ oK},tJJ,}JWf;V Ayes 1 Nays 0 DDH:mlp t-ll/30/10 m-12/8/10 G :\mllegal\r\20 IO\dec\dec8\homeoccupationamend-sd.doc 3 . AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 4 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed bv Applicant or Project sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Home Occupations amendment .. 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New York 5. IS PROPOSED ACTION: o New 0 Expansion . Modification/atteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Section 74 of the Town Code to bring the regulation of Home Occupations in line with the State Building Code regulations for this type of use. Currently, the town regulations are less restrictive in certain respects than the State Code, which can result in the granting of a local approval for a business operation that is not approvable under the state regulations. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes 0 No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture Describe . Park/Forest/Open Space . Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permiVapproval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency{s) and permiVapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? o Yes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppllcanVsponsor name, ~ Dare, ?z.-.... f/ 11 ~" / Slgn~~ .. - .t?, A.~........ "!,t: .#I ~~..~..~ ;J~" ~J""I'--.-f ( If the action Is In the Coalllal Area, and you are a state agency, complete the Coastal Asaenment Form before proceeding with thl. asaeaament l' . PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Ae-encv) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another. involved agency. DYes . No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Existicgair quality, surface or groundwater quality or quantity, n.oise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations for Home Occupation uses to bring the local regulations into line with the more restrictive State Residential Code regulations. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or co=unity or neighborhood character? Explain briefly: The action is a modification of local zoning regulations for Home Occupation uses to bring the local regulations into line with the more restrictive State Residential Code regulations. O. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would not authorize the creation of any particular Home Occupation use. and individual environmental review of any such application must still be undertaken. CA. A co=unity's existing plans or goals as officially adopted, or a change in use or intensity of use ofland or other natural resources? Explain briefly. The action is a 10c~1 code amendment to provide consistency between the town and the state regulation of Home Occupation uses. , (5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. C/. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes .No E. IS THERE, OR IS THERE LIKELY TO BE, CON'rROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes . No IrYes.explainbriefly: PART III-DETERMINATIOl)1 OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse.:eITect identified above. detennine whether it is substantial, large, important or otherwise significant. Each errect sbould be assessed in connection witb its (a) setting <i.e. urban or rural); Cb) probability of occurring; < c) duration; Cd) irreversibility; (e) geographic scope; and en magnitude. Ir neceesary. add attacbments or reference supp~rting material.. Ensure that e"planations contain sufficient detail to ahow tbat all relevant adverse impacts have been identified and adequately addressed. If qu..:tion D or Part II was checked yes, the determina tion and significance must evaluate the potential impact or tbe propoeed action on the environmental charscterislics of the CEA. D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name ot'Lead Agency Print or Type Name or Responsihle Officer in Lead Agency Title or Responsible Officer Signature or Responsible Officer in Lead Agency Signature orPreparer (Ir different from responsible officer Dale 2 NOTICE OF PUBLIC HEARING VILLAGE OF W APPINGERS FALLS ZONING BOARD OF APPEALS Please take notice that the Zoning Board of appeals of the Village ofWappingers Falls will hold a public hearing on the request of Creekside Springs, LLC, 2537 Route 52, Hopewell Junction, NY seeking an area variance to be able to have four stories with a building height of 44 feet (allowed is 3 stories/4Q feet) for Building 1 at their site at Franklindale Avenu~. The site will consist of the following - Building 1 will consist of 5 duplex units over 5 simplex units that will gain access via an upper parking area - Building 1 will also have a lower level that will consist of 2 simplex units on each end and an office area in the center and access is via a lower parking area. Building 2 and 3 will consist of 8 duplex units over 8 simplex units. Said hearing will be continued on Tuesday, November 9, 2010, 7:30 p.m., American Legion Hall, 7 Spring Street at which time all interested persons will be given an opportunity to be heard. A copy of the application is on file in the Zoning Offices and is available for inspection. The Zoning Office is open Monday through Friday from 8:30 a.m. to 4:00 p.m. Signed: LLOYD FRINK, Chairman Zoning Board of Appeals No.: 2010-15 Dated: October 29,2010 Distribution Sheet CC Town Board Supervisor Co/sey Councilman Beale Councilman Bettina Councilwoman Czamiecki Councilman Paoloni m Joseph Incoronato >< Correspondence Log ... Town Attorney 8 CD AI Roberts ... Scott Volkman i ::::s I I Town Engineer I D) / ~ Robert J. Gray I - / Greg Bolner Walter Artus \ 0 Town Planner David Stolman 'V 0- 0 Send W/FlIIng Sheet C Trish Maupin CD "'C Mark Liebermann S>> George Kolb ;:a. Tatiana Lukianoff 3 Barbara Roberti CD Victor Fanuele ~ Christian Harkins ,.. :t Ralph Holt (1) Kay Von Reyn S>> Eileen Manning Q. Graham Foster ." I /f F PLA CE ON FILE m TOWN CLERK Chris Masterson 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPPINGER.US (845) 29'7-4158 - Main (845) 29'7-57'71 - Direct (845) 298-14'78 - Fax Office of the Town Clerk TOWN SUPERVISOR Christopher J. Colsey TOWN BOARD William H. Beale V incent Bettina Ismay Czamiecki Joseph P. Paoloni LEGAL NOTICE OF ANNUAL ELECTION OF THE CHELSEA FIRE DISTRICT On December 14,2010 NOTICE IS HEREBY GIVEN that the annual election ofthe Chelsea Fire District will take place on Tuesday, December 14,2010 during the hours of6:00 p.m. and 9:00 p.m. at the Fire District Headquarters located at 15 Liberty Street, Chelsea, NY, for the purpose of electing one Commissioner for a five (5) year term, commencing January 1 st, 2011 and end on December 31 st, 2015. All voters registered with the Dutchess County Board of Elections on or before November 22,2010 shall be eligible to vote. Candidates for District Office must be residents of the Chelsea Fire District and shall file their letter of intent with the Secretary of the Chelsea Fire District at the Chelsea Fire District Headquarters, 15 Liberty Street, P.O. Box 128, Chelsea New York 12512 no later than November 24, 2010 Date: November 1,2010 Yvonne M. Tompkins, Secretary Chelsea Fire District [Ri~ce~~~~[Q) NOV l~ 2010 TOWN OF WAPPINGER TOWN CLERK ... 'Town of CPOUfj Ii~epsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845}485-3620 F!V(: (845) 485-8583 October 12, 2010 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 Gonservation 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 ~~~~u~~~ OCT 1 ~. 2010 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GIVEN, 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, November 17th, 2010 at 7:00 p.m. regarding the following resolution in regard to a rezoning application at 85 Taft Avenue from R-M (Multiple Family) to B-N (Neighborhood Business) Please fmd copy of Resolution: 10:6-#13 of20l0 and also the Public Hearing notice for your review and recommendation. Sincerely, ~S~V)i;;(J Felicia Salvatore, Deputy Town Clerk Town of Poughkeepsie . ~ " RESOLUTION 10:6 - # 1.3 OF 2010 WHEREAS, the Town Board of the Town of Poughkeepsie has heretofore reviewed the application to rezone the premises at 85 Taft Avenue from R-M (Multiple Family) to B-N (Neighborhood Business); and WHEREAS, the applicant has submitted an executed Indenture of Covenants and Restrictions limiting the uses of the property; and WHEREAS, the Town Sewer Department has confIrmed that the applicant is in compliance with the Town of Poughkeepsie Sewer Ordinance; and WHEREAS, the 85 Taft Avenue parcel is approximately 0.67 acres in size; and WHEREAS, the action to amend the zoning classification oftms parcel is an Unlisted Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 NYCRR Part 617, ("SEQRA"); and WHEREAS, the Town Board hereby declares that because only the Town Board can consider and adopt changes to the Town Zoning Map that it is the only involved agency; now therefore BE IT RESOLVED, that the Town Board declares that itis the Lead Agency for purposes of coordinating the environmental review of this matter pursuant to Article 8 of the Environmental Conservation Law; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed rezoning to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML S 239-m; and to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154; and to the Clerks of the towns of Hyde Park, LaGrange, Pleasant Valley, Wappinger, Lloyd, and Marlborough pursuant to GML 9239-00; and BE IT FURTHER RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 17th day of November, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date of a public hearing to consider the application for the rezoning. Dated: Moved: Seconded: Ayes DDH:mlp t-9/29/10 m-l 0/6/1 0 G: \mllegal\r\20 1 O\oct\oct6\84taftave-rezoning -sd .doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION To be com leted b 1. APPLICANT / SPONSOR Town Board of the Town of Poughkeepsie 2. PROJECT NAME 85 Taft Avenue Zoning Map Amendment 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 64 Old Manchester Road, Poughkeepsie, New York Tax ill No. 6162-20-909020-0000 5. IS PROPOSED ACTION: o New 0 Ex ansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend the zoning designation for 85 Taft Avenue from Residence, Multifamily (R-M) to Neighborhood Business (B- N) District. The action is at the request of the owner and would allow the reestablishment of a delicatessen that previously operated at the site. The Town Board action would also require the recording of a covenant that would limit th.e uses on the property to retail bakery, delicatessen, office, and restaurant (no drive-in or drive-thru), including the use of an existing residential apartment unit located on the property, subject to any required permits and approvals as set forth in the Town Code. 7. AMOUNT OF LAND AFFECTED: Initially :1:0.67 acres Ultimately :0.67 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISrlNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes 0 No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential 0 Industrial . Commercial 0 Agriculture Describe o Park/Forest/Open Space o Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency{s) and permit/approval i 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signatur.e. --' Date: 5" h 0 ~C/ 7' / ,.r)v_ 'c...<At-t Jl--v..-J~--r- '/. If action Is In ttie Coastal Area, end you are a state agency, complete the Coastal Asseasment Form before proceeding with this as.essment PART II-ENVIRONMENTAL ASSESSMENT (To be completed by ARency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Existingair quality, surface or groundwater quality or quantity. noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is the reclassification of an existing developed property to allow the reestablishment of mixed commercial and residential uses subject to Planning Board approvals. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or co=unity or neighborhood character? Explain briefly: The action is the reclassification of an existing developed property to allow the reestablishment of mixed commercial and residential uses subject to Planning Board approvals. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The property is already developed for mixed commercial and residential use. CA. A community's existing plans or goals as officially adopted, or a change in use or intensity of use ofland or other natural resources? Explain briefly. The property is already developed for mixed commercial and residential uses and the reclassification of zoning district would recognize the historic use of the site. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. CD. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. 0. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No .. E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? D Yes . No IrYes, explain brietly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identifisd above, determine whether it i. substantial, large, important or otherwise significant. Each effect should be asae.sed in connection with its (a) .etting (i.e. urban or rural); (b) probability of occurring: (c) duration: (d) irreversibility: (e) geographic scope; and (f) magnitude. If necessary. add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you: have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature ofPreparer (If different from responsible officer Date 2 12-12-79 (3/99)-ge SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The TOWN BOARD OF THE TOWN OF POUGHKEEPSIE, as lead agency, has determined that the proposed action described below will not have a significant environmental impact and a Draft Environmental Impact Statement will not be prepared. Name of Action: Local Law No. of 2010 Zoning Map Amendment 85 Taft Avenue, Poughkeepsie, New York SEaR Status: Type 1 Unlisted o . Conditioned Negative Declaration: o . Yes No Description of AC,tion: The project is the amendment of the Town of Poughkeepsie Zoning Map that would change the zoning designation of a :to.67 acre site from Multi-Family Residential (R-M) to Neighborhood Business (B-N). Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) 85 Taft Avenue, Town of Poughkeepsie, Dutchess County, New York. Reasons Supporting This Determination: . (See 617.7(a)-(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) 1. The project is the amendment of the Town of Poughkeepsie Zoning Map that would change the zoning designation of a :to.67 acre site from Multi-Family Residential (R-M) to Neighborhood Business (B-N). The proposed amendment would allow for the re-use of an existing building for certain uses allowed within the Neighborhood Business District but is not an authorization to establish any particular use on the site. The uses that are permitted on the site would be limited by a recorded covenant pursuant to the Local Law under which the zone change is authorized. The re-use of the existing facility would require the prior approval of the Town Planning Board. 2. No land disturbance or approval for land disturbance would be authorized by the adoption of the amendment. 3. The amendment would not affect air quality or generate traffic. 4. The amendment would not result in any increase in the local population. 5. The amendment would not cause a substantial adverse change in existing ground or surface water quality or quantity, and that the health and safety of existing and future residents would be protected. 6. The amendment would not cause a substantial increase in solid waste production, and would not cause a substantial adverse change in existing ground or surface water quality or quantity. Page 1 of2 12-12-79 (3199)-9c SEQR 7. The amendment would not result in the removal or destruction of large quantities of vegetation or fauna, and would not substantially interfere with the movement of any resident or migratory fish or wildlife species. The project is subject to a storm water pollution prevention plan that would protect surface and ground water quality. 8. The amendment would not disturb or affect any identified significant habitat areas, threatened or endangered species of animal or plant, the habitat of such a species, or other natural resources has been identified. 9. The proposed activity is generally consistent with all current development plans and goals as officially approved and adopted, and will not result in a substantial change in the use, or intensity of use, of land devoted to agricultural, open space, or recreational use. 10. The amendment would not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or the existing community or neighborhood character. 11. The amendment would not affect local community services such as police and fire protection, or recreational and educational facilities, have been identified. 12. The amendment would not result in a major change in the use of either the quantity or type of energy, and will not create a hazard to human health. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of publication in the ENB). For Further Information: Patricia Myers, Supervisor Town of Poughkeepsie Town Board 1 Overocker Road Poughkeepsie, New York 12603 Phone (845) 485-3600 , THIS NEGATIVE DECLARATION WAS AUTHORIZED AT A MEETING OF THE LEAD AGENCY HELD ON ,2010. Page 2 of2 LEGAL NOTICE OF PUBLIC HEARING WHEREAS, the Town Board ofthe Town of Poughkeepsie has heretofore reviewed the application to rezone the premises at 85 Taft Avenue from R-M (Multiple Family) to B-N (Neighborhood Business); and WHEREAS, the applicant has submitted an executed Indenture of Covenants and Restrictions limiting the uses ofthe property; and WHEREAS, the Town Sewer Department has confirmed that the applicant is in compliance with the Town of Poughkeepsie Sewer Ordinance; and WHEREAS, the 85 Taft Avenue parcel is approximately 0.67 acres in size; and WHEREAS, the action to amend the zoning classification of this parcel is an Unlisted Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 NYCRR Part 617, ("SEQRA"); and WHEREAS, the Town Board hereby declares that because only the Town Board can consider and adopt changes to the Town Zoning Map that it is the only involved agency; now therefore PLEASE TAKE NOTICE, that the Town Board declares that it is the Lead Agency for purposes of coordinating the environmental review of this matter pursuant to Article 8 ofthe Environmental Conservation Law; and ALSO PLEASE TAKE FURTHER NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 17th day of November, 2010 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date of a public hearing to consider the application for the rezoning. Susan 1. Miller, Town Clerk Town of Poughkeepsie October 13, 2010 c\;- t-~, f.~ l ~ HE OF f'liBLIC HEARJI"I{" ON PROPOSED LOCAL LA W PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town 0 Newburgh in the County of Orange and State of New York on September 29,2010, a Local Law designated a Introductory Local Law No. 9 of the Year 2010 and entitled "A Local Law Amending Chapter 185 Entitle( "Zoning" of the Code of the Town of Newburgh: Residential Lot Areas." The Local Law will implement recommendations in Town's adopted Comprehensive Plan Update t< establish zoning bulk regulations for useable lot area and buildable area envelopes and steep slope regulation: for the purpose of density calculations. The Local Law adds new definitions of "building envelope," "buildabl( area," "slope" and "steep slope," and amends the current definition of "usable area" in the Zoning Code so tha usable area will not include steep slopes in addition to other constrained lands. Bulk Buildable Area standard: are set forth for single family, two-family and semi-detached dwelling residential developments which rang( from a minimum buildable area of 15,000 square feet of buildable area for a 87,120 square foot minimum singh family lot size in the RR District to 3,750 square feet of buildable area for a 12,500 square foot minimum singl( family lot size in the R-3 District; 17,500 square feet of buildable area for a 100,000 square foot minimurr two-family or semi-detached dwelling lot size in the AR District to 12,500 square feet of buildable area for E 50,000 square foot minimum two- family or semi-detached lot size in the R-3 District; 2,500 square feet oj buildable area for lot sizes up to 5,000 square feet to 10,000 square feet for lot sizes over 40,000 square feet fOJ cluster, senior and affordable single family dwelling lots; and 3,751 square feet to 15,001 square feet oj buildable area for clustered and affordable two-family, semi-detached or semi-attached dwellings depending 011 proposed lot size. Bulk regulations setting forth the percentages of types of constrained lands that must bE deducted in calculating Usable Area for multiple dwellings and townhouses, garden-style dwellings, attached dwellings, cluster attached and multi-family developments, affordable attached and multiple housing and seniOJ citizen attached and multiple housing are also set forth. The percentages apply to the following constraints: lands that are covered by water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads and utility easements and are one- hundred percent, except that a seventy-five percent factor is used for protected wetlands, waterbodies and steep slopes for the portion of a project that consists of affordable or senior citizen multiple dwelling housing. The local law includes findings that certain lands within the Town of Newburgh are burdened with environmental constraints making them environmentally sensitive for development and remaining undeveloped residential parcels encumbered with environmentally constrained lands should be developed in an appropriate manner. PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of New burgh, New York at 7:00 o'clock p.m. on October 18,2010 at which time all interested parties will be heard. The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk's office at 564-4554. Advance notice is requested U2a ~ (C [E:~'W~ [Q) Dated: October 4,2010 \ c~~t:~ \()\ ~\ \() OCT 1 4, 2010 TOWN OF WAPPINGER TOWN CLERK Andrew J. Zarutskie Town Clerk, Town of New burgh I INTRODUCTORY LOCAL LAW # 9 OF 2010 A LOCAL LAW AMENDING CHAPTER 185 ENTITLED "ZONING" OF THE CODE OF THE TOWN OF NEWBURGH: RESIDENTIAL LOT AREAS BE IT ENACTED by the Town Board of the Town of New burgh as follows: SECTION 1 - TITLE This Local Law shall be referred to as "A Local Law Amending Chapter 185 entitled 'Zoning' of the Code of the Town of New burgh: Residential Lot Areas". SECTION 2 - FINDINGS AND PURPOSE The Town Board of the Town of Newburgh finds that certain lands within the Town of New burgh are burdened with environmental constraints making them environmentally sensitive for development, including regulated water bodies, protected wetlands, steep slopes, and one-hundred year floodplains. Remaining undeveloped residential parcels encumbered with environmentally constrained lands should be developed in an appropriate manner to provide well planned living environments while reducing potential impacts on the environment. It is the purpose of this local law to promote and protect the public health, safety, and general welfare by providing the opportunity for and guiding future residential development of land in the Town of Newburgh so that it includes adequate habitable space and usable open space while ensuring natural features and environmentally sensitive systems and resources are conserved. The Town's Comprehensive Plan Update recommends that bulk regulations for useable lot area and buildable area envelopes be included in the Town's Zoning code as an action item for implementation of the Plan. The Town has accordingly developed Buildable Area standards for single family, two-family and semi-detached dwelling residential developments and Usable Area standards for other residential developments. These zoning standards allow for the proper sizing and siting of residential uses on lots and protect environmentally sensitive areas. SECTION 3 - AMENDMENTS TO CHAPTER 185 1. Section 185-3 is hereby amended by the addition of the following definitions: "BUILDING ENVELOPE - The two-dimensional space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks. " "BUILDABLE AREA - An area of a lot within the building envelope so positioned as to allow the siting of a principal building and accessory uses and not constrained by DEC regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements." "SLOPE - The vertical distance, in feet, between the highest elevation of a lot or development and the lowest elevation of a lot or development, divided by the horizontal difference between these two elevations, in feet." "STEEP SLOPE - A contiguous area of at least 5000 square feet containing a slope with a topographical gradient equal to or greater than 25%." 2. The definition of "Usable Area" contained in Section 185-3 is hereby amended to read as follows: "USABLE AREA - The area of a lot that is suitable for development of single- family residences, multiple dwellings and/or townhouses. The usable area of the site shall not include all or a percentage of those portions of the site that are covered by DEC regulated water bodies, protected wetlands, steep slopes, one- hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads and utility casements that would prevent use or development of the underlying land in any manner." 3. A new Section 185.48.5 entitled "Residential Lot Areas" is hereby added to Article VI "Supplemental Regulations Applicable to Certain Uses" of Chapter 185 to read as follows: "9 185-48.5. Residential Lot Areas A. Purpose. Certain lands within the Town of New burgh are burdened with environmental constraints making them environmentally sensitive for development, including regulated water bodies, protected wetlands, steep slopes, and one-hundred year floodplains. The Town is concerned that as most of the developable land area is built out, those remaining parcels encumbered with environmentally sensitive lands be developed in an appropriate manner to reduce potential impacts to the environment. The Town has accordingly developed Buildable Area standards for single family, two-family and semi-detached dwelling residential developments and Usable Area standards for other residential developments. The standards contained herein allow for the proper sizing and siting of residential uses on lots and protect environmentally sensitive areas. B. Applicability. 1. Usable Area standards. For attached, multiple and multi-family dwellings and townhouses, the Usable Area shall indicate the extent to which land area can be counted toward overall site density. The Usable Area standards apply to all such dwellings including those which are within the following categories of use in the Tables of Bulk and Use Requirements: multiple dwellings, garden-style dwellings, attached dwellings, cluster attached and multi-family developments, affordable attached and multiple housing and senior citizen attached and multiple housing. 2. Building Envelope and Buildable Area standards. Individual residential lot sizes and configurations for single-family, two-family and semi-detached dwelling uses shall be determined through the use of Building Envelopes and minimum Buildable Area, in said order. The Building Envelope shall indicate the available portion of the lot for the siting of buildings; the minimum Buildable Area shall indicate those portions of the lot where the principal building may be located. 3. Most restrictive standard applies. In the event there is a conflict between the standards or requirements established by this Section and another section of the Town's Code or any other law, rule or regulation applicable to a particular district, use or type of environmentally constrained land, then the most restrictive standard or requirement shall take precedence and apply. The standards established by this Section shall apply to uses regulated by Sections 185-47 and 185-48, and usable area calculated in accordance with this Section shall be utilized to determine the acreage upon which maximum "gross density" is based for multiple, multi-family and attached dwellings proposed under those sections. C. Usable Area Standards. The area of a lot that is suitable for development of attached single-family residences, multiple dwellings and/or townhouses constitutes the Usable Area, as defined in Section 185-3. The maximum number of dwelling units that may be approved in developments to which the Usable Area standard is applicable shall be computed by multiplying the appropriate maximum number of dwelling units per acre for the district in which the site is located by the applicable Useable Area determined based on the calculations provided in the following table. Percentages of Constrained Lands to be Deducted in Calculating Usable Area for Residential Uses Residential Percent Lot Area Deducted from Usable Area Calculation Use Protected DEC Steep 100-year Areas Rights-of- wetlands regulated slopes floodplain subject to way and water tidal utility body inundation easements Single family N/A N/A N/A N/A N/A N/A dwellings Single family N/A N/A N/A N/A N/A N/A cluster developments 2-family N/A N/A N/A N/A N/A N/A dwelliDl!S 2-family N/A N/A N/A N/A N/A N/A dwelling clusters Semi- N/A N/A N/A N/A N/A N/A attached dwelline:s Single family 100 100 100 100 100 100 attached Multi-family 100 100 100 100 100 100 dwellings and townhouses Garden style 100 100 100 100 100 100 dwellings Clustered 100 100 100 100 100 100 attached and multiple family dwellings Affordable 75 75 75 100 100 100 attached and multiple dwelling housing) senior citizen 75 75 75 100 100 100 attached and multiple dwelling housing 1. Where only a fraction of the total number of dwelling units in a development will be affordable units, the same fraction shall be applied in determining the applicable percentages to be used in calculating usable area. For example, if a development consists of 10 units of affordable multiple dwelling housing and 90 multi-family dwellings and townhouses which are not proposed as affordable units, then 1011 00 or 10% of the constrained lands that are protected wetlands or steep slopes or beneath waterbodies would be deducted at the rate of 75% in calculating usable area and the remaining 90/100 or 90% of those constrained lands would be deducted at the rate of 100%. D. Building Envelope. A building envelope will be developed for each lot in order to determine the two-dimension portion of a lot where buildings may be sited. The building envelope shall be determined by deducting from the total lot area, the area of all yard setbacks required by the applicable zoning regulations. E. Minimum Buildable Area Standards. In order to determine the area of a given lot that is suitable for development of buildings, outbuildings, and accessory structures, such as pools, decks, and tennis courts, the Town hereby establishes minimum Buildable Area standards for dwellings in residential districts. The use of minimum Buildable Area standards will help to avoid encroachment into environmentally sensitive lands. (1) Affected zoning districts. The minimum buildable area standards set forth in this subsection applies to single-family dwellings, two-family dwellings and semidetached dwellings not exceeding two dwellings per lot in the following districts: RR, AR, R-I, R-2, and R-3, B and lB. (2) Affected dwelling types. The standards apply to all such dwellings including those which are within the following categories of use in the Tables of Bulk and Use Requirements: single-family dwellings, 2-family dwellings, semi- detached dwellings not to exceed 2 dwelling units per lot, cluster developments, affordable housing and senior citizen housing. B. (3) Minimum Buildable Area. The tables below, determine the minimum buildable area for each type of dwelling subject to the Minimum Buildable Area standard. (i) Single-family dwelling lots. (1 ) Each residential lot created by a subdivision for single family dwelling use after the effective date of this section shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands. Minimum Buildable Area for Single Family Dwelling Lots (in square feet) Minimum Minimum lot Minimum lot size Minimum lot size wlo size wi either with public Buildable Area public public water or water and sewer water or sewer District sewer RR 87,120 NA NA 15,000 AR 40,000 NA NA 10,000 R-l 40,000 NA NA 10,000 R-2 40,000 17,500 15,000 10,000 I 5,2502 4,5003 R-3 40,000 15,000 12,500 10,000 I 4,5002 3,7503 1. min. buildable area for lots without public water and sewer 2. min. buildable area for lots with either public water or sewer 3. min. buildable area for lots with both public water and sewer (ii) Two-family dwelling lots and semidetached dwelling lots, not exceeding 2 dwelling units per lot. (1) Each residential lot created by subdivision after the effective date of this section for a two-family dwelling use or semi-detached dwelling use not exceeding two dwelling units per lot shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands. Minimum Buildable Area for Two-Family and Semi-Detached Dwelling Lots (in square feet) Minimum Minimum lot Minimum lot size Minim urn lot size wlo size wI either with public Buildable Area public public water or water and sewer water or sewer District sewer RR NA NA NA NA AR 100,000 100,000 100.000 17,500 R-l 100,000 100,000 100,000 17,500 R-2 100,000 50,000 50,000 17,5001 12,5002 12,5003 R-3 100,000 50,000 50,000 17,5001 12,5002 12,5003 1. min. buildable area for lots without public water and sewer 2. min. buildable area for lots with either public water or sewer 3. min. buildable area for lots with both public water and sewer (iii) Singe-Family Dwelling Cluster, Single-Family Senior Housing and Single Family Affordable Housing Lots. (1) Each residential lot created by subdivision in a single-family cluster development, single-family senior housing development and single-family affordable housing development after the effective date of this section shall have a minimum buildable area in square feet as specified below. For those rows in which a range of minimum buildable areas is set forth in the table, the minimum buildable area for the particular lot size falling within the range of the lot sizes for that row shall be calculated using fractions based upon the proportions in the ranges and adding the result to the smallest buildable area square footage for that row. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands. Minimum Buildable Area for Single Family Dwelling Cluster, Single Family Dwelling Senior and Single Family Dwelling Affordable Housing Lots (in square feet) Lot Size Minimum Buildable Area Single Family Cluster/Senior/Affordable Lot size range Up to 5,000 s.f.. 2,500 s.f. 5,001-7,500 s.f. 2,501-2,750 s.f. 7,501-10,000 s.f. 2,751-3,000s.f. 10,001-12,500 3,001-3,750 s.f. s.f. 12,501-15,000 3,751-4,500 s.f. s.f. 15,00117,500 4,501-5,250 s.f. s.f. 17,501-40,000 5,251-10,000 s.f. s.f. >40,000 s.f. 10,000 s.f. (iv) Two-Family Dwelling Cluster Lots, Semi-Detached Dwelling Cluster Lots, not exceeding 2 dwelling units per lot and Semi-Attached Affordable Housing Lots. (1) Each residential lot created by two-family dwelling cluster development, semi-detached dwelling cluster development and semi-attached affordable housing development, after the effective date of this section shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands. Minimum Buildable Area for Two- Family Dwelling Cluster, Semi-Detached Dwelling Cluster and Semi-Attached Dwelling Affordable Housing Lots (in square feet) Lot Size Minimum Buildable Area Two Family/Semi- Detached- Attached Cluster/Affordable Lot size range Up to 5,000 s.f.. NA 5,001-7,500 s.f. 3,751-4,125 s.f. 7,501-10,000 s.f. 4,126-4,500s.f. 10,001-12,500 4,501-5,625 s.f. s.f. 12,501-15,000 5,626-6.750 s.f. s.f. 15,00117,500 6,751-7,875 s.f. s.f. 17,501-40,000 7,876-15,000 s.f. s.f. >40,000 s.f. 15,001 s.f. SECTION 4 - VALIDITY If any clause, sentence, paragraph, word, section or part of this local law shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5 - EFFECTIVE DATE This Local Law shall take effect immediately when it is filed in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. 'Town of Poug fikgepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 September 27,2010 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 NOTICE IS HEREBY GIVEN, 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 20tb, 2010 at 7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210, entitled "Zoning" specifically ~ 210-9, entitled "Definitions" and ~ 210-55, entitled "Bed-and-breakfast establishments". Please find copy of Resolution: 9:22-#SC4 of2010 and also the Public Hearing notice for your review and recommendation. ~w ~ ~ Felicia Salvatore, Deputy Town Clerk Town of Poughkeepsie [Ri~~~~~~[Q) SEpf 2 9 2010 TOWN OF WAPPINGER TOWN CLERK ... LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210-9, entitled "Definitions" and S 210-55, entitled "Bed-and-breakfast establishments", which amendments would be as follows: ~ 210-9. Definitions. DELETE: Bed-and-breakfast ADD: , ~210-9. Definitions. BED-AND-BREAKFAST -- An owner-occupied residence resulting from a conversion of a one- family dwelling, used for providing overnight accommodations and a morning meal, to not more than ten transient lodgers and containing not more than five bedrooms for such lodgers. DELETE: ~ 210-55. Bed-and-breakfast establishments. ~21 0-55. Bed-and-breakfast establishments. A) Bed-and-breakfast establishments are owner-occupied who shall live on the premises. Bed-and-breakfast establishments are subject to the following conditions: 1) The owner shall reside on the premises and shall be the operator. 2) Guest occupancy shall be limited to 5 guest rooms accommodating not more than a total of ten lodgers. 3) The dwelling and the lot shall meet all applicable zoning requirements. A one-family dwelling is permitted to be converted for use as a bed and breakfast dwelling under the following conditions: a) No sleeping rooms for transient use shall be located above the second story. b) A fire-safety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating means of egress, location of means for transmitting fire alarms, if any, and evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device. " c) Means of egress shall be provided as set forth in the New York State Residential Code. 4) The proprietor may serve meals to overnight guests only. A public dining room and bar is expressly prohibited. 5) Parking lots shall not be located closer than 15 feet to any residential property line providing a buffer for adjacent residential properties. 6) Parking requirements shall conform to g210-92. 7) The Dutchess County Department of Health shall certify that the water supply and sewage disposal system is adequate for maximum occupancy of the proposed facility. Certification by the Dutchess County Department of Health is not needed for water if the premises have municipal water, or sewer if the premises have municipal sewer. 8) Guest occupancy shall not exceed 21 consecutive days. 9) Location of signs shall be subject to Planning Board approval. 10) Sign requirements shall conform to Article IX of this Chapter. AND ALSO T AKE FURTHER NOTICE, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and AND ALSO TAKE FURTHER NOTICE, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. Susan 1. Miller, Town Clerk Town of Poughkeepsie September 27,2010 2 RESOLUTION 9:22 - #Sc tj. OF 2010 BE IT RESOLVED, that the Town Board ofthe Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210-9, entitled "Definitions" and S 210-55, entitled "Bed-and-breakfast establishments", which amendments would be as follows: ~ 210-9. Definitions. DELETE: Bed-and-breakfast ADD: ~210-9. Definitions. BED-AND-BREAKFAST -- An owner-occupied residence resulting from a conversion of a one- family dwelling, used for providing overnight accommodations and a morning meal, to not more than ten transient lodgers and containing not more than five bedrooms for such lodgers. DELETE: ~ 210-55. Bed-and-breakfast establishments. ~210-55. Bed-and-breakfast establishments. A) Bed-and-breakfast establishments are owner-occupied who shall live on the premises. Bed-and-breakfast establishments are subject to the following conditions: 1) The owner shall reside on the premises and shall be the operator. 2) Guest occupancy shall be limited to 5 guest rooms accommodating not more than a total of ten lodgers. 3) The dwelling and the lot shall meet all applicable zoning requirements. A one-family dwelling is permitted to be converted for use as a bed and breakfast dwelling under the following conditions: a) No sleeping rooms for transient use shall be located above the second story. b) A fire-safety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating means of egress, location of means for transmitting fire alarms, if any, and evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detecting or other alarm device. c) Means of egress shall be provided as set forth in the New York State Residential Code. 4) The proprietor may serve meals to overnight guests only. A public dining room and bar is expressly prohibited. 5) Parking lots shall not be located closer than 15 feet to any residential property line providing a buffer for adjacent residential properties. 6) Parking requirements shall conform to 9210-92. 7) The Dutchess County Department of Health shall certify that the water supply and sewage disposal system is adequate for maximum occupancy of the proposed facility. Certification by the Dutchess County Department of Health is not needed for water if the premises have municipal water, or sewer if the premises have municipal sewer. 8) Guest occupancy shall not exceed 21 consecutive days. 9) Location of signs shall be subject to Planning Board approval. 10) Sign requirements shall conform to Article IX ofthis Chapter. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML 9 239-m, and to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. 2 DDH:mlp t-9/17/10 m-9/22/1 0 G: \mll egal\r\20 1 Olsept\Sept22\zoningamend -bedbreakfast -sd .doc Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers Dated: l1 f~ ,;( d, ! :JJX (j Moved: ,~Ot{d ~() fYtC N $. ~ Seconded: ,-~o.A'\.;)~ Ayes '1 Na),'s 0 AYE 3 NAY Bed-and -breakfast establishments are owner-occupied ."{!lo. !3.halllive ()n.th.e .p.re!llises. .13~d.-_ _..... { Deleted: or occupied by an agent and-breakfast establishments are subject to the following conditions: 1) The owner shall reside on the premises and shall be the,pj)e.rat.or:...uu___ ___ _.._u_u_ _ 2) Guest occupancv shall J:>~ liIllite.d. to. -LLg.u~_s!. rO.~In.s .accof'!1Jtl(jdlltinJil: not Il1or(', _thal1 a total of ten lodl!:ers. crown ofPouglikgepsie Office of 9r1 unicipa{ (])eve{opment One Overock!r lJ@aa Pougfil?!epsie, :N'Y 12603 845-485-3657 cpfione 845-486-7885 PaJ( MEMORANDUM To: David Hagstrom, Esq., Town Attorney Neil A. Wilson, Director of Municipal Development September 17, 2010 Proposed Zoning Amendment - "Bed & Breakfast" From: Date: Re: Recent discussions between Planning, Zoning, and Building Department staff indicate that the current zoning law regulations regarding Bed and Breakfast establishments are inconsistent with the State Building Code standards for this use. In some cases a validly issued special use permit for a Bed and Breakfast may be invalidated where the Building Department determines that the use would not be conducted in accordance with the statewide standard. Upon review of available options Staff recommends the following amendments to ~21O-9 and ~21O-55 of the Zoning Code to eliminate the language conflict. New language is shown in underline, while deleted language is shown as a strikethrough. ~21O-9. Definitions. BED-AND-BREAKFAST .- An own.er-occupied residence l:esulting f!'Qm a cO!1.y'crsion of a one.:J,'!milY dwellinl!. used for providing overnight accommodations and a morning meal. to not more than ten transieJlLlodgers ang._~ontainil}gJw.t.J!1Q.re th~ln five bedrooms for sl,lch lodlZer.1;h or_.. .......... _. _. __ ~210-55. A) Bed-and-breakfast establishments. 3) The dwelling and the lot shall meet ..lilluaIJplic.abl.e Z()~.iI1g .reqt}ire.IlleIlts: u A one:faJtlily .- dwelling is permitted to be converted for use as a bed and breakfast dwelling under the following conditions~ ........... u.. u u.. u... u. u _ ... a) No sleeping rooms for transient use shall be located above the second storv.._ _______u~: b) A.fuJ!.:.~afetv l1(~tice shall b~lLffi,\:ed to the occupied side of t!:1JJ entrance.J.loor of ill!gl:! bedroom for transient use indicating means of egress. location of means for Deleted: A single structure affording overnight accommodations and limited food services to guests , . { Deleted: principal .,' Deleted: They must Deleted: 10 Deleted: They must meet Fonnatted: Font: (Default) Century Schoolbook, 10 pt, Font color: Black Fonnatted Fonnatted: Font: (Default) Century Schoolbook, 10 pt, Font color: Black 'Town of IJ'oll(Jli!(jepsie Offia of !Municipa( (J)evefop ment transmittin!! fire alarms. if anv. and evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke-detectin!! or other alarm device. L __ _______u__ _ u__ __ _ u_ __ __ __n, m__ __ __ __ __u __ __ _ ___ u__ __ ___ c) Means of e~ess shall be provided as set forth in the New York State Residential Code. 4) The proprietor may serve meals to overni!!ht guests only. A public dining room and bar is expressly prohibited. 5) Parking lots shall not be located closer than 15 feet to any residential property line providing a buffering for adjacent residential properties. 6) Parking requirements shall conform to 9210'92. 7) The Department of Health shall certify that the water supply and sewage disposal system is adequate for maximum occupancy of the proposed facility. 8) Guest occupancy shall not exceed 21 consecutive days. 9) Location of signs shall be subject to Planning Board approval. 10) Sign requirements shall conform to Article IX ofthis Chapter. . -- www.townofpoU{Jli/{!epsie.com Formatted: Font: (Default) Century Schoolbook, 10 pt, Font color: Black Deleted: <#>Signs shall be made of natural material and extemally lit. ~ <#>Signs shall be monwnent or post-and- arm. ~ <#>The height ofmonwnent signs shall not exceed four feet. ~ . The height of post-and-arm signs shall not exceed eight feet. Formatted: 1ndent: Left: OS' Formatted: Bullets and Numbering 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be comoleted by Aoolicant or Proiect sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Bed-and-breakfast establishments amendment 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New York 5. IS PROPOSED ACTION: D New D Exoansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Section 55 of the Town Code to bring the regulation of Bed and Breakfast establishments in line with the State Building Code regulations for this type of use. Currently, the town regulations are less restrictive in certain respects than the State Code, which can result in the granting of a local approval for a business operation that is not approvable under the state regulations. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes D No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . ParklForesUOpen Space . Other Describe 10. DOES ACTION INVOLV~ A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s} and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s} and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE APPlica~~ . , Date ~~~.~ Signatur . 12 A. '*-cJr",<.. " ,t. /1'1........, ~y.rJ t/", v -t.- II(' ....... If the action Is In the COaltal Area. and you are a state agency, complete the Coa.tal As....ment Fonn before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT To be completed by Altency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Existingair quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations for Bed and Breakfast establishments to bring the local regulations into line with the more restrictive State Building Code regulations. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: The action is a modification of local zoning regulations for Bed and Breakfast establishments to bring the local regulations into line with the more restrictive State Building Code regulations. o. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would not authorize the creation of any particular Bed & Breakfast establishment, and individual environmental review of any such application must still be undertaken. CA. A community's existing plans or goals as officially adopted, or a change in use or intensity of use ofland or other natural resources? Explain briefly. The action is a local code amendment to provide consistency between the town and the state regulation of Bed and Breakfast establishments cs. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. co. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. Cl. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? D Yes . No If Yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above. determine wbether it is substantial. large. important or otherwise significant. Eacb effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary. add attachments or reference supporting materials. Ensure that explanations contsin sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes. tbe determina tion and significance must evaluate the potential impact of the proposed action on the environmental cbaracteristics of the CEA. i D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. · Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name .fLead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature ofPreparer (If different from responsible officer Date 2 Town of q>oug likgepsie SUSAN J. MillER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 September 27,2010 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 NOTICE IS HEREBY GIVEN, 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 20th, 2010 at 7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210, entitled "Zoning" specifically ~ 210-9, entitled "Definitions" and ~ 210-74, entitled "Home Occupations". Please find copy of Resolution: 9:22-#SC3 of2010 and also the Public Hearing notice for your review and recommendation. Sincerely, ~ ~0001fV0 Felicia Salvatore, Deputy Town Clerk Town of Poughkeepsie ~~~~~'W~fQ) SEP' I 9 2010 TOWN OF WAPPINGER - TOWN CLERK RESOLUTION 9:22 - &..5 OF 2010 BE IT RESOLVED, that the Town Board ofthe Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically ~ 210-9, entitled "Definitions" and ~ 210-74, entitled "Home Occupations", which amendments would be as follows: ~ 210-9. Definitions. DELETE: Home Occupation Habitable Space ~21 0-9. Definitions. ADD: HOME OCCUP A nON - The use of a portion of a dwelling unit for non-residential purposes by a resident thereof. HABITABLE SPACE - A space in a building for living, sleeping, eating or cooking, or used as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. DELETE: Home Occupations. ADD: ~210-74. Home occupations. A) The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. B) Only one home occupation per residential unit shall be permitted. A home occupation shall be clearly accessory to the principal residential use of the dwelling and shall not change the character thereof. C) All home occupation activities shall be conducted within the enclosed space of the principal building. No outdoor storage or displays shall be permitted. D) No more than one nonresident employee may be employed in the home occupation. E) The area of the principal structure in which the home occupation is conducted shall meet all requirements for habitable space as defined in 9210-9. No more than 15% of the floor area of the principal structure may be used in the home occupation. Areas devoted to inventory and supplies shall not occupy more than 50% of the area permitted to be used for the home occupation. F) The residence must be occupied by those engaged in the home occupation. G) No exterior visual evidence of the existence of a home occupation shall be permitted. A nameplate identifying the name of the resident carrying out the occupation and the service offered may be authorized by the Zoning Board of Appeals. Such nameplate shall not exceed two square feet and shall not be illuminated or animated. H) Services and instruction offered shall be limited to no more than five clients or customers at a time. No services generating noise audible beyond the parcel boundary shall be permitted. I) The home occupation shall not generate more than four one-way, commercial vehicle trips per day. J) Any additional parking spaces as may be required by the Zoning Board of Appeals shall be provided in such a manner as to preserve the residential character of the parcel. K) No wholesale or retail sales with a stock-in-trade shall be permitted on the premises. L) No home occupation shall create a hazard to public health, welfare or safety. M) In addition to those uses which do not meet all the requirements stated herein, uses which are specifically prohibited as home occupations shall include, but are not limited to, the following: bed & breakfast, ambulance, taxi, towing or similar service; automobile- related business including repair, parts, sales, upholstery, body work, painting or washing service; restaurant; bar; video store; commercial servicing of construction equipment; public stable; kennel; animal hospital; group instrument instruction; boardinghouses; mortuary establishments; convalescent homes and other extended care medical facilities. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML S 239-m, and to the Town of 2 Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. D.ted: ~o~ J,~, dOlO Moved: ~/Y\ L ~1k~ Seconded: Ayes Nays 0 DDH:mlp t-9/17110 m-9122/10 G :\mllegal\r\20 1 O\sept\Sept22\zoningamend-homeoccupation-sd.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 3 crown of Pouglik!epsie Office of 9vfunicipaf (j)evefopment One Overocfter CR,pad" rpougfiR.iepsu, :N'Y12603 845-485-3657 rpfione 845-486-7885 p~ MEMORANDUM To: David Hagstrom, Esq., Town Attorney Neil A. Wilson, Director of Municipal Development September 17, 2010 Proposed Zoning Amendment - "Home Occupations" From: Date: Re: Recent discussions between Planning, Zoning, and Building Department staff indicates that the current zoning law regulations regarding home occupations is inconsistent with the State Building Code standards for this use where the local regulations are less restrictive than the statewide standard. In some cases a validly issued special use permit for a home occupation may be invalidated where the Building Department determines that the use would not be conducted in accordance with the statewide standard. Upon review of the available options Staff recommends the following amendments to 9210-9 and 9210-74 of the Zoning Code to eliminate the language conflict. New language is shown in underline, while deleted language is shown as a strikethrough. 9210-9. Definitions. { Deleted:-- HOME OCCUP A TI 0 N 0;::. Th~J,!se. ()fa,wm.w.Il. 9,L<!~r"velJi1;l~JJnj t f9! . nOIl-.resi,Q.pJJjj!llpllr.n9.~!}~J')Y-J! ..' . . . resident thereof. . . u. u.......... . u u. on.... HABITABLE SPACE - A space in a buildin~ for Ijvin~. SleC1Jing. eatin~ or cooking. or used as a home occupation. Bathrooms: .toiiet ro;;m~... ~.lt;sets: .haii~~. sto~~Ir~ or"~tii;t;', .sDace~. .aiId siiti;l~r. ~l~ea.s a.~;;' r.tQll911ID..9.f red l:mQ.itf!hk.1lP.1! ce!!" 9210'74. Home occupations. 1\) The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. B) Only one home occupation per residential unit shall be permitted. A home occupation shall be clearly accessorv to.,1;l1e prin,citllil re.side.nti!ll.ll.se.oghe d\V()IIingand.sh.all n.otchan~cthe.. character thereof. C) All home occupation activities shall be conducted within the enclosed space of the principal building. No outdoor storage or displays shall be permitted. D) No more than Q.lli'.n()n.res.icient. elIlpl(jY~e.. rni.lY. h~. enwJQ-Y-(jd. ill.the h(jrnl:tSI.!;.mmatW..n,. Y. E) The area of the nrincipal structure in which the home occupation is conducted shall meet all Deleted: An occupation or business activity which results in a product or service. not to include retail sales, conducted entirely within a dwelling unit. A "home occupation" shall be clearly subordinate to the residential use of the dwelling unit and shall not change the character thereof. Formatted: Font: Century Schoolbook, 10 pt . { Deleted: secondary to Deleted: two Deleted: s Deleted: shall be permitted. <Town ofiPollfJfik.Jepsie Offia of ;Munidpa( (])evefop ment reQuirements for habitable space as defined in &210-9. No more than 15o/'t.~f thq -tlF!O!.area of...... the principal structure may be used in the home occupatioT\...!\re!l:s.d(Jv.otelf.to.lrlve.ntorv.arld...... supplies shall not occupy more than 50% of the area permitted to be used for the home occupation. F) The residence must be occupied by those engaged in the home occupation. G) No exterior visual evidence of the existence of a home occupation shall be permitted. A nameplate identifying the name of the resident carrying out the occupation and the service offered may be authorized by the Zoning Board of Appeals. Such nameplate shall not exceed two square feet and shall not be illuminated or animated. H) Services and instruction offered shall be limited to no more than five clients or customers at a time. No services generating noise audible beyond the parcel boundary shall be permitted. n The home occupation shall not generate more than four one-way, commercial vehicle trips per day. J) Any additional parking spaces as may be required by the Zoning Board of Appeals shall be provided in such a manner as to preserve the residential character of the parcel. K) No wholesale or retail sales with a stock-in-trade shall be permitted on the premises. L) No home occupation shall create a hazard to public health, welfare or safety. M) In addition to those uses which do not meet all the requirements stated herein, uses which are specifically prohibited as home occupations shall include, but are not limited to, the following: bed & breakfast, ambulance, taxi, towing or similar service; automobile-related business including repair, parts, sales, upholstery, body work, painting or washing service; restaurant; bar; video store; commercial servicing of construction equipment; public stable; kennel; animal hospital; group instrument instruction; boardinghouses; mortuary establishments; convalescent homes and other extended care medical facilities. www.toWlWfpougliRJepsie.com Deleted: 25% Deleted: a residential building's floor area, as defined in ~210'9, shall be devoted to such use 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Home Occupations amendment 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New York 5. IS PROPOSED ACTION: D New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Section 74 ofthe Town Code to bring the regulation of Home Occupations in line with the State Building Code regulations for this type of use. Currently, the town regulations are less restrictive in certain respects than the State Code, which can result in the granting of a local approval for a business operation that is not approvable under the state regulations. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes D No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . Park/Forest/Open Space . Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s) and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appucanvsponsorname:. ~ Date: P!-';//o s;gn~~ ;J,."-u_,~"" "'/ ~_......~ iJ~"~J<>I'~-o..--f ( If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT (To be comPleted by Agency A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No s, WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Existingair quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations for Home Occupation uses to bring the local regulations into line with the more restrictive State Residential Code regulations. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: The action is a modification of local zoning regulations for Home Occupation uses to bring the local regulations into line with the more restrictive State Residential Code regulations. o. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would not authorize the creation of any particular Home Occupation use, and individual environmental review of any such application must still be undertaken. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. The action is a local code amendment to provide consistency between the town and the state regulation of Home Occupation uses. cs. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. co. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly. None identified. o. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes . No If Yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse. effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (Le. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (e) geographic scope: and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D Check this box if you have identified one or more potentially large or significant adverse impacts w hich MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer Date 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically 9210-9, entitled "Definitions" and 9 210-74, entitled "Home Occupations", which amendments would be as follows: ~ 210-9. Definitions. DELETE: Home Occupation Habitable Space ~21 0-9. Definitions. ADD: HOME OCCUP AnON - The use of a portion of a dwelling unit for non-residential purposes by a resident thereof. HABIT ABLE SPACE - A space in a building for living, sleeping, eating or cooking, or used as a home occupation. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces. DELETE: Home Occupations. ADD: ~210-74. Home occupations. A) The provisions of this section are intended to protect and maintain the residential character of the districts in which such uses are permitted. B) Only one home occupation per residential unit shall be permitted. A home occupation shall be clearly accessory to the principal residential use of the dwelling and shall not change the character thereof. C) All home occupation activities shall be conducted within the enclosed space of the principal building. No outdoor storage or displays shall be permitted. D) No more than one nonresident employee may be employed in the home occupation. E) The area of the principal structure in which the home occupation is conducted shall meet all requirements for habitable space as defined in 9210-9. No more than 15% of the floor area of the principal structure may be used in the home occupation. Areas devoted to inventory and supplies shall not occupy more than 50% of the area permitted to be used for the home occupation. F) The residence must be occupied by those engaged in the home occupation. G) No exterior visual evidence of the existence of a home occupation shall be permitted. A nameplate identifying the name of the resident carrying out the occupation and the service offered may be authorized by the Zoning Board of Appeals. Such nameplate shall not exceed two square feet and shall not be illuminated or animated. H) Services and instruction offered shall be limited to no more than five clients or customers at a time. No services generating noise audible beyond the parcel boundary shall be permitted. I) The home occupation shall not generate more than four one-way, commercial vehicle trips per day. J) Any additional parking spaces as may be required by the Zoning Board of Appeals shall be provided in such a manner as to preserve the residential character of the parcel. K) No wholesale or retail sales with a stock-in-trade shall be permitted on the premises. L) No home occupation shall create a hazard to public health, welfare or safety. M) In addition to those uses which do not meet all the requirements stated herein, uses which are specifically prohibited as home occupations shall include, but are not limited to, the following: bed & breakfast, ambulance, taxi, towing or similar service; automobile- related business including repair, parts, sales, upholstery, body work, painting or washing service; restaurant; bar; video store; commercial servicing of construction equipment; public stable; kennel; animal hospital; group instrument instruction; boardinghouses; mortuary establishments; convalescent homes and other extended care medical facilities. AND ALSO PLEASE TAKE FURTHER NOTICE, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and PLEASE ALSO TAKE FURTHER NOTICE, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. Susan 1. Miller, Town Clerk Town of Poughkeepsie September 27,2010 2 ~ .. crown of CFoUfJ liksepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAA: (845) 485-8583 September 27, 2010 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 NOTICE IS HEREBY GIVEN, 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 20th, 2010 at 7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210, entitled "Zoning" specifically ~ 210-9, entitled "Definitions", ~ 210-122 (A) (2), entitled "Prohibited Signs" and ~ 210-131 F, entitled "Exempt Signs" Please fmd copy of Resolution: 9:22-#SC2 of2010 and also the Public Hearing notice for your review and recommendation. ~~~ Felicia Salvatore, Deputy Town Clerk Town of Poughkeepsie rR1~~~~%7~[Q) SiP;, 9 20iO TOWN OF WAPPINGER TOWN CLERK RESOLUTION 9:22 - #$C,).,OF 2010 BE IT RESOLVED, that the Town Board ofthe Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210-9, entitled "Definitions", S 210-122 (A) (2), entitled "Prohibited Signs" and S 210-131 F, entitled "Exempt Signs", which amendments would be as follows: ~21 0-9. Definitions. DELETE: ROOFLINE SIGN, ROOF ~210-9. Definitions. ADD: ROOFLINE - The profile of or silhouette made by a roof or series of roofs. SIGN, ROOF -- Any sign erected on the roof of any building, and any sign that extends above the roofline of any building. DELETE: ~ 210.122 A (2) ADD: ~ 210.122 A (2) (2) Roof signs are prohibited. ~ 210-131. Exempt signs. DELETE: ~ 210-131 F. ADD: ~ 210-131 F F. On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, and business entrances and exits, wherein each individual directional sign shall not exceed three (3) square feet per face and shall not be mounted higher than six (6) feet in height. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML ~ 239-m, and to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154; and BE IT FURTHER RESOLVED, that said 10cal1aw, if adopted, shall become effective immediately upon filing with the Secretary of State. Dated: s-12QfhTh~ <~~)ab 10 ~ b Moved: ~/~P-- '+ Nays 0 Seconded: Ayes DDH:mlp t-9/17110 m-9/22/10 G: \m 11 egal\r\20 1 O\sept\Sept22\zoningamend -roof-sd.doc 2 AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 3 crown of (Pougliksepsie Office of 9vt unicipa{ (])eve{opment One OverocN./r fRpaa iPougfik!epsie,1v"Y12603 845-485-3657 iPfione 845-486-7885 Pax.. MEMORANDUM To: David Hagstrom, Esq., Town Attorney Neil A. Wilson, Director of Municipal Development September 17,2010 Proposed Zoning Amendment - "Roof Sign"; "Directional Sign" From: Date: Re: Staff recommends the following changes to simplify the definition of "roof sign" found in ~210-9 and ~21O-122(A)(2), and to clarify the language regarding "directional signs" found in ~21O-131(A)(6) of the Zoning Law. New language is shown in underline, while deleted language is shown as a strikethrough. 9210-9. Definitions. ROOFLINE . The profile of or silhouette made bv a roof or series of roofs. SIGN, ROOF -- Anv sign erected on t.he roof of any building. and any silm t.hat. extends above the [oonine of any building, . 9210-122. 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,. 9210-131. Exempt signs. A) The following signs are exempt from these provisions: 6) On-premises directional signs for the convenience ofthe general public, identifying public~-- parking areas, fire zone~, and business entrances and exits. wherein each individual directional sign shall not exceed,. thre~ Q!) square feet per face and shall not be mounted _- higher than six (6) feet in height. ----- ---- --- ----- m____ - 'm___________________ -------------, Deleted: A sign extending above the roofline (above coping, eave or cornice) of a building, Deleted: <:i.e. a sign that projects above the coping, eave or cornice of a building) - - { Formatted: Space Before: 6 pt { Deleted: ing . - - { Deleted: four Deleted: 4 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Roof Sign and Directional Sign amendment 3. PROJECT LOCATION MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New Yark 5. IS PROPOSED ACTION: o New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Sections 9, 122, and 131 of the Town Code to amend and clarify the definition of "roof sign" and "directional sign" and to modify the regulations for control of such signs. .. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . Park/Forest/Open Space . Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s) and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE,INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE .- Applicant/sponsor name: , Date: J;./.2-~h () SignattJre:~~ ~ tJ~v J~-~ - ~ /J. A.-c. c-'i4,4- .-d- ""., ... _. C--I '/' ~ / , I If the action Is In tha Coastal Area, and you ara a state agency, camplatethe Coastal Asse.sment Form before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT (To be completed bv .A2ency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a.. Existingair quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations to amend and clarify the definition of "roof sign" and "directional sign" and to modify the regulations for control of such signs. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: The action is a modification of local zoning regulations to amend and clarify the definition of "roof sign" and "directional sign" and to modify the regulations for control of such signs. O. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would not authorize the installation of any new signs and individual environmental review of any such application must still be undertaken. 04. A community's existing plans or goals as officially adopted, or a change in use or intensity of use ofland or other natural resources? Explain briefly. The action is a local code amendment to eliminate a language conflict and to provide conSistency between the definition and the regulation of roof signs and directional signs. cs. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. Q). Long term, short term, cumulative, or other effects not identified in CI-05? Explain briefly. None identified. j i 0. Other impacts (incl~ding changes in use of either quantity or type of energy)? Explain briefly. None identified. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? D Yes . No If Yes. explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse .effect identified above, determine whether it i. substantial, large, important or otherwise sigoificant. Each effect sbould be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I') magoitude. If necessary, add attachments or reference supporting materials. Ensure that explanations coutsin sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. . Check this box if you' have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting ~s determination: Name of Load Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Sigoature of Responsible Officer in Lead Agency Signature ofPreparer Of different from responsible officer Dale 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically 9210-9, entitled "Definitions", S 210-122 (A) (2), entitled "Prohibited Signs" and 9 210-131 F, entitled "Exempt Signs", which amendments would be as follows: ~210-9. Definitions. DELETE: ROOFLINE SIGN, ROOF ~210-9. Definitions. ADD: ROOFLINE - The profile of or silhouette made by a roof or series of roofs. SIGN, ROOF -- Any sign erected on the roof of any building, and any sign that extends above the roofline of any building. DELETE: ~ 210.122 A (2) ADD: ~ 210.122 A (2) (2) Roof signs are prohibited. ~ 210-131. Exempt signs. DELETE: ~ 210-131 F. ADD: ~ 210-131 F F. On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, and business entrances and exits, wherein each individual directional sign shall not exceed three (3) square feet per face and shall not be mounted higher than six (6) feet in height. AND PLEASE ALSO TAKE FURTHER NOTICE, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and AND PLEASE ALSO TAKE FURTHER NOTICE, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. Susan 1. Miller, Town Clerk Town of Poughkeepsie September 27,2010 2 . Town of POUfJ liksepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHON E: (845) 485-3620 FAX: (845)485-8583 September 27,2010 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 NOTICE IS HEREBY GIVEN, 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 201h, 2010 at 7:00 p.m. regarding the following resolution in regard to an amendment to the Town Code, Chapter 210, entitled "Zoning" specifically ~ 210-105 (B) (2) Please fmd copy of Resolution: 9:22-#SC1 of201O and also the Public Hearing notice for your review and recommendation. ~~~~ Felicia Salvatore, Deputy Town Clerk Town of Poughkeepsie \Rl IE, ~1E,~Vl ~\Q) SEPI' 9 10\0 WAPPINGER "O~~N CLERK . RESOLUTION 9:22 - #SC I OF 2010 BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210- 105 (B) (2), which amendment would be as follows: DELETE: ~ 210-105 (B) (2) ADD: ~ 210-105 (B) (2) (2) Shopping carts that are allowed outside the commercial building must have locking devices. The locking devices must be coin operated or electronic. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning and Development for a recommendation pursuant to GML ~ 239-m, and to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. DDH:mlp t-9/17/1 0 m-9/22/1 0 G: \ml I egal\r\2 01 O\septlSept22\zoningamend -shoppingcarts-sd.doc Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers Dated: .1,~~MJ d,OIO Moved: Seconded: \ ~~ r 11 r{R-brv.- Ayes ---L- Nays () AYE 2 NAY crown of Poug fiRsepsie Office of 9vlunicipa[ (j)evefopment One Overocfi.gr CR,paa Pougfi/?gepsie, :NY 12603 845-485-3657 pfione 845-486-7885 Pax:. MEMORANDUM To: David Hagstrom, Esq., Town Attorney Neil A. Wilson, Director of Municipal Development September 17, 2010 Proposed Zoning Amendment - "Shopping Carts" From: Date: Re: Staff recommends that the language of S21O-105(B)(2) of the Zoning Law should be amended to account for alternate technologies for control of shopping carts in plazas and parking lots. New language is shown in underline, while deleted language is shown as a strikethrough. S 210-105. Shopping carts. B) Regulation of shopping carts. 2) Shopping carts that are allowed outside the commercial building must have locking devices. The locking devices must be coin operated or electronic. 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be comoleted bv Applicant or Proiect sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME Town Board of the Town of Poughkeepsie Shopping Carts amendments 3. PROJECT LOCATION MUNICIPALITY Town of Poullhkeepsie COUNTY Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Town of Poughkeepsie, Dutchess County, New Yark 5. IS PROPOSED ACTION: o New o Expansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Section 105 of the Town Code to allow electronically operated locking systems to be used to control shopping carts within commercial properties. The amendments would authorize the use of alternate technologies to control shopping carts. 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes o No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture . Pa,rk/Forest/Open Space . Other Describe 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMA TEL Y, FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? DYes . No If Yes, list agency(s) and permit/approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes . No If Yes, list agency(s) and permit/approval I 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes . No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: ~.z..h~ S;gnalu~ ' / /JJ ~ e..rc:::> ~ ~ .w't ......_, . ~'I'a....l' 'J..._v_1~_-r If the action la In the Coastal Area, and you are a atate agency, complete the Coaatal Aseeeement Form before proceeding with thla aeseeement PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. DYes . No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes . No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) a. Existingair quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: The action is a modification of local zoning regulations to allow for electronically operated locking systems to be used to control shopping carts wit!)in commercial properties.. (2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: The amendments would authorize the use of alternate technologies to control shopping carts on commercial properties. o. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: The amendments would authorize the use of alternate technologies to control shopping carts on commercial properties. Ot. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. The amendments would authorize the use of alternate technologies to control shopping carts on commercial properties. (5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. co. Long term, short term, cumulative, or other effects not identified in C1-D5? Explain briefly. None identified. l 0. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. None identified. ! D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes . No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? D Yes . No If Yes, explain briefly: PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whetber it is substantial, large, important or otberwise significant. Eacb effect should be assessed in connection witb its (a) setting (i.e. urhan or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (e) geographic scope: and (0 magnitude. Ir necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was cbecked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. D Check this box if you 'have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. · Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature ofPreparer (If different from responsible officer Date 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board ofthe Town of Poughkeepsie does hereby set the 20th day of October, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically S 210- 105 (B) (2), which amendment would be as follows: DELETE: ~ 210-105 (B) (2) ADD: ~ 210-105 (B) (2) (2) Shopping carts that are allowed outside the commercial building must have locking devices. The locking devices must be coin operated or electronic. AND ALSO PLEASE TAKE FURTHER NOTICE, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Environmental Assessment Form does declare said action as an Unlisted Action; and AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if adopted, shall become effective immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerks Office Town of Poughkeepsie September 27,2010 , ," . crown of rpoug Ii~epsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 July 271\ 2010 [R1~~~~%7~lQ) 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 JUL 2 9 2010 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GIVEN, 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, August 18, at 7:00 p.m. regarding the following: An amendment to the Town Code, Chapter 210, entitled "Zoning", specifically Article VIII, S2l0-l04.l entitled "Sidewalk seating and tables forpatrons". Said proposed local law shall become effective upon filing with the Secretary of State. Please find copy of Resolution 7 :2l-#SC 1 of 2010 and also the Public Hearing notice for your review and recommendation. ~:;;r(}1~@ Susan J. Miller, Town Clerk Town of Poughkeepsie RESOLUTION 7:21 - # SC 1 OF 2010 BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 18th day of August, 2010 at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically Article VIII, 9210-104.1, entitled "Sidewalk seating and tables for patrons", which amend would be as follows: DELETE: 9 210-104.1. Sidewalk seating and tables for patrons. ADD: 9210-104.1. Sidewalk seating and tables for patrons. A) Purpose. It is the intent of these regulations to allow establishments that serve food and beverages to provide tables and chairs for patron use on the sidewalk at the front entrance to such establishments. The provisions of this section are distinguished from the provisions of 921 0-102 since the placement of any tables and chairs is a temporary accessory use and does not include the installation of permanent structures or improvements that would serve to delineate the sidewalk seating area. In addition, the placement of tables and chairs on a public sidewalk is subject to the jurisdiction of the town, county, state or federal agency that may own the affected right-of-way. B) Criteria. In any district where permitted sidewalk seating and tables for patrons shall comply with the following provisions: (1) Only tables and chairs placed directly on the sidewalk shall be permitted. The use of platforms on which tables and chairs would be placed shall be prohibitedJ ~t1mbrellas that are supported on a post that is affixed to or supported by tables are also permitted. Freestanding umbrellas shall be prohibited. Additionally, temporary self-supporting dividers (i.e. velvet rope fences, chain or fabric) not exceeding four (4) feet in height measured from the sidewalk grade upward are permitted as required to comply with the New York State Alcohol Control Board requirements for outside service of alcoholic beverages. (2) The placement or installation of light fixtures, planters, trash receptacles, signs, posts, ropes, signage, service stands, or any other freestanding, self- supported, or permanent fixtures not specifically permitted herein on the sidewalk is prohibited. (3) Tables, chairs, umbrellas and dividers shall be moveable and shall not be affixed to the ground, the building, or to the sidewalk. (4) Tables, chairs, umbrellas and dividers shall not be placed on any sidewalk before 7:00 a.m. and shall be removed not later than 10:00 p.m. or the close of business, whichever occurs first. (5) Tables, chairs, umbrellas and dividers shall be located so as to provide not less than five (5) feet of open sidewalk space for unimpeded pedestrian passage between the curb line and the tables located between the curb line and the sidewalk the minimum five (5) feet of open sidewalk space shall be measured from the edge of the planted area inward toward the building front. In addition, tables and chairs shall be located to maintain not less than eight (8) feet of open space from the edge of any designated crosswalk. (6) The placement of tables, chairs, umbrellas and dividers at or near the curb line so that pedestrians must pass between the tables, chairs, umbrellas and dividers and the building front shall be prohibited. (7) All food and beverages shall be dispensed from the interior of the establishment. No outdoor service bar or counter shall be permitted. (8) No outdoor music or sound amplified from the interior of the building shall be permitted. (9) The placement, installation, and use of sound amplifiers or public address systems shall be prohibited. AND BE IT FURTHER RESOLVED, that the Town Board declares its intent to act as Lead Agency under the New York State Environmental Quality Review Act and upon review of a Short Form Environmental Assessment Form does declare said action as an Unlisted Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed zoning amendment to the Dutchess County Department of Planning for a recommendation pursuant to GML 239-m; and BE IT FURTHER RESOLVED, that the Town Board does hereby refer the ATC District outdoor sidewalk seating amendment to the Town of Poughkeepsie Planning Board for an advisory report pursuant to Town Code Section 210-154, and BE IT FURTHER RESOLVED that, if adopted, said local law shall become effective immediately upon filing with the Secretary of State. 2 Dated: ~ ~O)O Moved: ~tf:~ Seconded: ,-2Ao~1VV ~J,.~ Ayes 1- Nays 0 DDH:mlp t-7 /19/1 0 m-7/21/10 G :\mllegal\r\20 1 Olju Iy\ 7 -21 tbmtg\zoningamendment-outdoorseating-sd.doc AYE Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 3 NAY . . . LEGAL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Poughkeepsie does hereby set the 18th day of August, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as and for the time, date and place of a public hearing to consider an amendment to the Town Code, Chapter 210, entitled "Zoning", specifically Article VIII, g2104.1, entitled "Sidewalk seating and tables for patrons". The Proposed Local Law is available in its entire form for review by the public, for their comments, in the Town Clerk's Office, Monday thru Friday between the hours of 8:00 AM and 4:00 PM PLEASE ALSO TAKE FURTHER NOTICE, which, if adopted, said local law, shall become effective immediately upon filing with the Secretary of State. Susan 1. Miller, Town Clerk Town of Poughkeepsie July 27,2010 ""'" [R1 ~(G~~~~[Q) NOTICE OF SCOPING SESSION HE PLANNING BOARD TOWN OF WAPPINGER DUTCHESS COUNTY, NY JUL 092010 G TOWN OF WAPPINGER TOWN CLERK PLEASE TAKE NOTICE, that the Town of Wappinger Planning Board will conduct a PUBLIC SCOPING SESSION on the 19th day of July, 2010, at 7:00 p.m., at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappinger Falls, NY pursuant to 6 NYCRR Part 617.8 of the SEQRA regulations. The subject of the public scoping session will be the scoping outline for the Draft Environmental Impact Statement (DEIS) to be prepared in connection with the application ofHilltoD Villal!e for the develoDment of a Droject consistin!! of a!!e restricted housin!! comDonents on 149.35 acres in an R-40 & COP zoning district. The Planning Board acknowledged its role as Lead Agency at its meeting on June 21, 2010 and also issued a Positive Declaration on said date. The subject property is located on All An!!els Hill Road and is identified as Tax Grid No. 6257-02-630770 in the Town of Wappinger. All interested persons will be heard by the Planning Board of the Town of Wappinger at the public scoping session as mentioned above. Signed: Victor Fanuele, Chairman Town of Wappinger Planning Board Date: June 21, 2010 ...... crown of (fouglikJepsie SUSAN J. MILLER ONEOVEROCKERROAD POUGHKEEPSIE. NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 June 16,2010 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town Zoning Department NYS Environmeniill 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 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, July 7t\ 2010, at 7:00 p.m. regarding the following: Amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically section 210-160, entitled exemptions. Please find copy of Resolution 6:16-#2 of2010 (amended from 6:2) and also the Public Hearing notice for your review and recommendation. Sincerely, Susan J. Miller, Town Clerk Town of Poughkeepsie ~uswJ (fl- RESOLUTION 6:16 - # ~ OF 2010 BE IT RESOLVED, that the Town Board ofthe Town of Poughkeepsie does hereby set the th day of July, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider an amendment to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically 9 210-160, entitled "Exemptions", which amendment would be as follows: DELETE - 9210-160 ADD - 9210-160. Exemptions. (A) Filed subdivision plats. The construction of a single family dwelling on a residential building lot created pursuant to a subdivision approval by the Planning Board prior to September 27,2007 and which is depicted on a plat filed in the Office of the Dutchess County Clerk prior to September 27,2007, may proceed without the need for area variances despite the failure of said dwelling, as located on the lot, to meet the minimum setback and bulk requirements of the zoning district in which said lot is located, provided: 1) said subdivision has not been abandoned; 2) the boundary lines of the lot on which the dwelling is to be constructed have not, subsequent to the initial filing ofthe plat, been altered or amended; 3) there are no violations in regard to such lot; and 4) the location of the dwelling on the lot would comply with the minimum yard requirements of the Zoning Law in effect for the lot and the subdivision at the time of Planning Board subdivision approval. (B) For the purpose of this section only, and to the extent that this section is inconsistent with Town Law SS 265-a, 274-a, 277 or any other provision of Article 16 of the Town Law, the provisions ofthis chapter are expressly intended to and do hereby supersede any such inconsistent provisions. AND BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Dated: Moved: Seconded: Ayes ~ Nays DDH:mlp t-6/1 0/1 0 m-6116/10 G:\mllegal\r\201 O~une\6-16spmtg\amendchapter21 O-exemptions-sd.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 ~. LEGAL NOTICE OF PUBLIC HEARING BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 7th day of July, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider an amendment to the Town Code ofthe Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically ~ 210-160, entitled "Exemptions", which amendment would be as follows: DELETE - ~210-160 ADD - ~210-160. Exemptions. (A) Filed subdivision plats. The construction of a single family dwelling on a residential building lot created pursuant to a subdivision approval by the Planning Board prior to September 27, 2007 and which is depicted on a plat filed in the Office of the Dutchess County Clerk prior to September 27,2007, may proceed without the need for area variances despite the failure of said dwelling, as located on the lot, to meet the minimum setback and bulk requirements of the zoning district in which said lot is located, provided: 1) said subdivision has not been abandoned; 2) the boundary lines of the lot on which the dwelling is to be constructed have not, subsequent to the initial filing of the plat, been altered or amended; 3) there are no violations in regard to such lot; and 4) the location of the dwelling on the lot would comply with the minimum yard requirements of the Zoning Law in effect for the lot and the subdivision at the time of Planning Board subdivision approval. (B) For the purpose of this section only, and to the extent that this section is inconsistent with Town Law ~~ 265-a, 274-a, 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. AND BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie June 17th, 2010 .... .. ." Town of East Fishkill Dutchess County, New York 330 Route 376, Hopewell Junction, New York 12533 Telephone 845-221-9191 Carol Hurray Town Clerk June 22, 2010 County of Putnam Planning T own of Fishkill Town of LaGrange T own of Kent Town of Wappinger Falls Dutchess County Dept. of Planning and Developm Senator Stephen Salad Assemblyman Marc Molinaro Town of Pawling Town of Beekman Town of Philipstown East Fishkill Planning Department v '~[Q) I"J}Q~ ~ f\ \ lBWl\I t): ~ 3 201~ . _ ~ -~' ",,"V!1P..P1NGER NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town Board of the Town of East Fishkill, at Town Hall, 330 Route 376, Hopewell Junction, NY 12533, on the 22nd of July 2010 at 7:30 p.m. in the evening of that day upon the enactment of a Local Law in the matter of the Government of the Town of East Fishkill to wit: A LOCAL LAW TO AMEND CHAPTER 194 OF THE TOWN CODE "ZONING" A complete copy of the Proposed Local Law is on file in the Town Clerk's Office, Town of East Fishkill, Town Hall, 330 Route 376, where it may be examined during Town Office Hours. Dated: June 22,2010 Carol A. Hurray Town Clerk ~~~2/~ Carol A. urray East Fish ill Town Clerk --".. . , PUBLIC NOTICE Please take notice that the Town Board of the Town of East Fishkill will conduct a Public Hearing on Thursday, July 22,2010 at 7:30 pm at the Town Hall, 330 Route 376, Hopewell Junction, NY wherein they will receive public comment with respect to a proposed Local Law entitled "A Local Law to Amend Chapter 194 of the Town Code "Zoning". Any party interested in being heard with respect to said Law should be present at the aforementioned date and time. Copies of said Local Law will be available from Monday through Friday 9:00 am to 3:30 pm at the office of Clerk of the Town of East Fishkill, at the Town Hall. BY ORDER OF THE TOWN BOARD CAROL HURRA V, TOWN CLERK TOWN OF LAGRANGB CHRISTINE O'REILLY-RAO TOWN CLERK 120 STRINGHAM ROAD LAGRANGEVILLE, NY 12540 845-452-1830 845-452-2289 FAX June 11,2010 NYS Department of Transportation Region 8 BuniettBoulevard Poughkeepsie, NY 12603 Clerk City of Beacon One Municipal Plaza Suite One Beacon, NY 12508 Dutchess County Dept. of Pu.blicWorks 380utchess Turnpike Ppughkeepsie, NY 12603 Clerk Orange County Legislature 255 Main Street Goshen, NY 10924 Town Clerk TOWIl of New burgh 1496 Route 300 Newburgh, NY 12550 Town Clerk Town of Philipstown 238 Main Street PO Box 155 Cold Spring, NY 10516 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 [Pd~(C~~~~[Q) JUN l' 4 2010 TOWN OF WAPPINGER TOWN CLERK 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 "" rIown of Poug Ii~epsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OF TOWN CLERK PHONE: (845)485-3620 Ff:\X: (845)485-8583 June 3,2010 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town 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 <;:lerk, Town of Hyde Park Town Clerk, Town of Wappinger Town Clerk, Village ofWappingers Falls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd fFi lECCIEOW(e1Q) JUN 042010 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GIVEN, 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, July 7th, 2010, at 7:00 p.m. regarding the following: Amendments to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically section 210-160, entitled exemptions. Please find copy of Resolution 6:02-#12 of2010 and also the Public Hearing notice for your review and recommendation. Sincerely, ~\ (/tJ6U1J Susan J. Miller, Town Clerk Town of Poughkeepsie RESOLUTION 6:2 - # 12 OF 2010 BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does hereby set the 7th day of July, 2010 at 7:00 p.m. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider an amendment to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically 9 210-160, entitled "Exemptions", which amendment would be as follows: DELETE - 9210-160 ADD - 9210-160. Exemptions. (A) Filed subdivision plats. The construction of a single family dwelling on a residential building lot created pursuant to a subdivision approval by the Planning Board prior to September 27, 2007 and which is depicted on a plat filed in the Office of the Dutchess County Clerk prior to September 27,2007, may proceed without the need for area variances despite the failure of said dwelling, as located on the lot, to meet the minimum setback and bulk requirements of the zoning district in which said lot is located, provided: 1) said subdivision has not been abandoned; 2) the boundary lines of the lot on which the dwelling is to be constructed have not, subsequent to the initial filing of the plat, been altered or amended; and 3) there are no violations in regard to such lot. (B) For the purpose of this section only, and to the extent that this section is inconsistent with Town Law 99 265-a, 274-a, 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. AND BE IT FURTHER RESOLVED, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and BE IT FURTHER RESOLVED, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and BE IT FURTHER RESOLVED, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. :::tO~1~6>V Seconded: ~ e~~ J Ayes 5 Nays 0 DDH:mlp t-5/25/1 0 m-6/2/1O G:\mIJegal\r\20 1 O~une\6-2tbmtg\amendchapter21 O-exemptions-sd.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone (o..b~) Councilman Krakower Councilman Tancredi Supervisor Myers t. Q'o ~ ) 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the ih day of July, 2010 at 7:00 pm. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY, as and for the date, time and place of a public hearing to consider an amendment to the Town Code of the Town of Poughkeepsie, Chapter 210, entitled "Zoning", specifically 9 210-160, entitled "Exemptions", which amendment would be as follows: DELETE -9210-160 ADD - 9210-160. Exemptions. (A) Filed subdivision plats. The construction of a single family dwelling on a residential building lot created pursuant to a subdivision approval by the Planning Board prior to September 27,2007 and which is depicted on a plat filed in the Office of the Dutchess County Clerk prior to September 27,2007, may proceed without the need for area variances despite the failure of said dwelling, as located on the lot, to meet the minimum setback and bulk requirements of the zoning district in which said lot is located, provided: 1) said subdivision has not been abandoned; 2) the boundary lines of the lot on which the dwelling is to be constructed have not, subsequent to the initial filing of the plat, been altered or amended; and 3) there are no violations in regard to such lot. (B) For the purpose of this section only, and to the extent that this section is inconsistent with Town Law 9 265-a, 274-a, 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. AND PLEASE TAKE FURTHER NOTICE, that the Town Board does declare its intent to act as Lead Agency under the New York State Environmental Quality Review Act and does declare that said action is a Type II Action; and AND PLEASE TAKE FURTHER NOTICE, that the Town Board does authorize and direct the Town Clerk to submit the proposed amendments to the Dutchess County Department of Planning and Economic Development and the Town of Poughkeepsie Planning Board for their written recommendation thereon; and AND PLEASE TAKE FURTHER NOTICE, that said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie June 18th, 2010 TOWN OF NEWBURGH 6 , lR1 ~~-::, I C'" q '~\,f7P U'. ...'0.. 1,::'-" " lVi' 0" &:. Li 0 i.!;;'.. . h, New York 12550 ANDREW J. ZARUTSKIE Town Clerk JUN 0 2 2010 TOWN OF WAPPINGER ~~iWURG NOTICE OF PUBLIC HE NG ON PROPOSED LOCAL LAW 845-564-4554 Fax: 845-564-8589 e-mail: town-clerk@hvc.rr.com PLEASE TAKE NOTICE that there has been reintroduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on April 28, 2010, a Local Law now designated as Introductory Local Law No.5 of the Year 2010 and re-entitled "A Local Law Amending Chapter 185 Entitled "Zoning" of the Code of t.i.e TO\Vll of N(;wbul'gh to Establish a Route 9W Self-Storage Center (SC) Overlay District and Amending the Zoning Map of the Town of Newburgh to Include Business Zoning District Property Along the Route 9W Corridor in the SC Overlay District." The Local Law as reintroduced no longer includes any area in the Route 32 corridor or its vicipity in the proposed SC District. The owners of the U-Haul rental center on Route 9W have petitioned for this amendment to the Zoning Code. The effect of the Local Law is to permit and regulate self-storage center uses in addition to other allowed uses on properties already zoned for Business (B) along a section of the Route 9W corridor. The boundaries of the SC Overlay District along Route 9W are generally between Oak Street to the north and Highland Avenue to the south and conform to and are contiguous with the eastern and western Business zoning district boundaries along this portion of the corridor. The purpose of the SC Overlay District is to establish clear guidelines for future development of self-storage center uses, which include accessory retail sales and moving truck/trailer rentals, while providing appropriate buffers to surrounding land uses. In the SC Overlay District, self storage centers will be permitted subject to site plan review by the Planning Board. Self storage centers will be subject to the following bulk requirements: minimum lot area: 3 acres; minimum lot width: 100 feet; minimum lot depth: 125 feet; minimum front yard: 60 feet; minimum rear yard: 40 feet; minimum 1 side yard: 30 feet; minimum both side yards: 60 feet; maximum lot building coverage: 40% without public water and sewer and 50% with public water and sewer; maximum building height: 35 feet; and maximum lot surface coverage: 80%. Additional regulations for self storage centers will include requirements for landscaping, buffering and buffer strips and requirements that all storage, except for bOllts, campers, rental trucks and trailers occur inside. Specific regulations already in the Zoning Code for self storage centers will apply to such uses in the SC District. In the SC District, the accessory rental of moving trucks and trailers, and the sale of items directly related to the storage, packing, transport and/or storage of items at the Self-Storage Center as well as one accessory dwelling and off-street parking will be permitted. The local law amends the Zoning Map of the Town of Newburgh to include all or portions of the tax parcels listed in Exhibit "A" in the SC Overlay District as more fully shown on the enclosed map section. PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at the Town Hall at 1496 Route 300 in the Town of New burgh, New York at 7:00 o'clock p.m. on June 7, 2010 at which time all interested parties will be heard. The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk's office at 564-4554. Advance notice ------ is requested Dated: May 24,2010 Section 9 9 10 10 10 10 20 Block 1 3 1 2 3 7 2 Andrew J. Zarutskie Town Clerk, Town of New burgh "EXHIBIT A" Lots 54.21 16,21,22.1,22.2,22.3,23,24,26,27.1,27.2,27.3, 29.21,29.22,29.23,31, 32, 33, 66 1,2,3,4,5 1,2,3,4, 5 1.1,1.2 1, 2, 3 2 ~ 1"'own of POUfJ Ii~epsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 May 26,2010 Dutchess County Dept. of Planning Dutchess County Legislature Ulster County Legislature NYS Dept. of Transportation Town Planning Department Town Zoning Department NYS Environmental Conservation NYS of Environmental- New PaItz 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 Palls Town Clerk, Town of Marlborough Town Clerk, Town of Lloyd OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845)485-8583 [Ri~~~~~~[Q) MAY 2 7 2010 TOWN OF WAPPINGER TOWN CLERK NOTICE IS HEREBY GIVEN, 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, June 23rd, 2010, at 7:00 p.m. regarding the following: Amendments to the Crown Heights Center Overlay District Chapter 210 -Entitled "Zoning" sections; 210-9, 210-11, 210-24 Please find copy of Resolution 5: 19-# 3 of201O and also the Public Hearing notice for your review and recommendation. Sincerely, Susan J. Miller, Town Clerk Town of Poughkeepsie . RESOLUTION 5:19 - # 3 of2010 Town of Poughkeepsie Town Board WHEREAS, the Town Board has prepared amendments to S210-9, S210-11 and S210-24 of the Town Code relative to the Crown Heights Center Overlay District ("Amendments") as set forth in the attached Exhibit "A" and Exhibit "B"; and WHEREAS, the action by the Town Board on the Amendments is a Type I Action as defined by 6 NYCRR 617.4(b)(2) of the SEQRA regulations; and WHEREAS, the adoption of changes to the Town Code: is an act that only can be performed by the Town Board thereby making the Town Board the only involved agency and the only potential lead agency to coordinate the environmental review of the action; and WHEREAS, the proposed amendments are subject to a public hearing. ( NOW THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby establishes itself as the Lead Agency; and 2. The Town Board sets June 23, 2010 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 Crown Heights Center Overlay District amendments; and 3. The Town Board hereby directs that a copy of the Crown Heights Center Overlay District amendments be delivered to the Town Planning Board for an advisory report pursuant to Town Code S21O-154; and 4 The Town Board hereby directs that a copy ofthe Crown Heights Center Overlay District amendments 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 municipalities adjoining the Town of Poughkeepsie pursuant to the notice requirements of the General Municipal Law section 239-nn; and } q~ f 0 Moved: TC8 V1 Cont( Seconded: Sf -ep ha,1 )~ fa ~ ()n!) ~ Nays 0 Dated: Ayes NW:mlp Attachment t-5/14110 m-5/19/1 0 G:\mllegal\r\20 1 O\may\5-19mtg\crownhgtscenter-amendments-sd.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 Exhibit "N Proposed Amendments to Crown Heights Center Overlay District Regulations ~210-9. Definitions. Amend or Add the following definitions: HOTEL -. A building or grOUP of buildings containine: five (5) or more rooms designed to be used or which are used. rented or occupied for sleeping purposes bv transient e:uests and which mav contain other facilities accessorv thereto including but not limited to restaurants. retail shops for the sale of souvenirs. sundries and the like. and pool and/or e:vm facilities intended for the use of the hotel guests and mav also contain restaurants. conference and banauet facilities intended for use bv the general public as well as for hotel e:uests. A building or any part thoroof whioh containo olooping accommodationo for tranoiont oocupanoy by tho publio for oomponoation, hao a eommon oxterior ontrance or entranoeo, and whioh may contain food preparation faoilitieo and one or marc dining roomo for tho uoe of ovornight quooto. CONFERENCE CENTER HOTEL - A hotel which also provides facilities for conferences. seminars. and other meetings or events. and mav also provide facilities for recreation. spa services. entertainment. catering. fitness and health. and other services primarilv for conference center guests. SPA SERVICES - Accessorv services provided in a Conference Center Hotel which mav include therapeutic spa treatments. salon services. sauna. whirlpool. voga. fitness activities. wellness education and counseling. leisure activities. and similar treatments or services. DWELLING. TOWNHOUSE CONDOMINIUM --An attached single-familv dwelling unit in groups of three or more. where each unit shares a common wall with one or more other similar units but does not share a common floor or ceiling with anv other unit. and where the real propertv and units are owned under a condominium form of ownership. A Townhouse Condominium Dwelling. in the Districts where permitted. shall be considered a type of townhouse dwelling as permitted in a cluster development pursuant to section 177-14 (N) of the Town subdivision regulations. ~ 210-11. Zoning Map. Amend the Zoning Map as shown on Exhibit "B" attached hereto. ~ 210-24. Crown Heights Center Overlay (CHCO) District. A) District Purpose. This overlay district defines primary development area that is 1,760 feet in diameter with its center at the centerline of Route 9, 200 feet south of Mile Marker 1114, and a secondary development area that is 2,200 feet in diameter from the same center line. The overlay district is a supplement to the underlying zoning districts for the area along State Route 9 known as Crown Heights which was developed for industrial, office, and retail uses for many decades. Many of these properties are in a dilapidated, obsolete and blighted condition, and this overlay district is intended to encourage the redevelopment of properties within the overlay for mixed residential and commercial uses in a traditional neighborhood district setting while encouraging the phasing out of the underlying B'H, O-R, R'M district regulations as applied to properties located within the overlay district. The following regulations are intended to support the redevelopment of the 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: 1) A mix of residential and non-residential uses in multi'story and some limited single story buildings designed as an integrated community spanning both sides of Route 9. 1 .- 2) Promote pedestrian activity through a safe and walkable environment, encourage the development of parks and greenspaces and establish connections to existing or future adjacent residential neighborhoods and commercial developments. 3) Minimize the visual impact of the automobile by managing the placement and screeningllandscaping of parking areas. 4) Create an interconnected street system for both pedestrian and vehicular traffic. 5) Encourage the development of both on-street parking and shared parking areas between nearby uses. 6) Establish a walkable area which promotes development and redevelopment of vacant and obsolete buildings and 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. 8) 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 CRCO 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 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 ofthe 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 features in order to enhance a sense of place, greenway connections and natural edge conditions. 13) Acknowledge the uniaue and separate setting and circumstances of the areas of the Crown Heights Center located on the East and West sides of Route 9. and foster development which enhances the possibilities of each uniaue setting. B) District Boundaries: Because of the somewhat differing circumstances relating to the two sides of Route 9. the Crown Heights Center Overlay has been divided into two Districts. each having as its center point a location on the centerline of Route 9 exactlv two hundred (200) feet south of Mile Marker 1114: 1) Crown Heights Center Overlay West District: A primary development area extending- a radius of 863 feet from the center point. and a secondarv development area extending- a radius of 1.100 feet from the center point (hereinafter "CRCO West District"). This District also has an extension. the Crown Heig-hts Center Extended Overlay District("CHCO EO"). shown on the zoning- map that is subiect to additional reg-ulations set forth later in this section. The reasons for the CHCO West District are as follows: a) The Crown Heights Center on the west side of Route 9 does not have a large. contiguous open space or recreation area buffer between the town center and the 2 nearest residence. The town center boundarv on the west side is located much closer (approximately 700 feet) to the existing- residences along: Nassau Road. Marwood Drive. and Marino Road. and along- South Gate Drive and Oriole Lane incorporates some sing-Ie family residences into the town center. This residential area. referred to as the "Nassau area." was ori!!inally established as a hig:h density sing:le family neig-hborhood on lots of one-filth to one-auarter of an acre. The homes tend to be somewhat smaller than those on the east side of route 9. The hig-her density scale of existing: residential development on the west side of route 9 obviates the need for a transitional area between the existing residential neig-hborhood and the town center. 2) Crown Heights Center Overlay East District: A primary development area extending- a radius of 1.100 feet from the center point (hereinafter "CHCO East District"). The reasons for the CHCO East District are as follows: a) The Crown Heig-hts Center on the East side of Route 9 is proximate to the former IBM Country Club building:. which could in the future be used for civic. municipal. library. or similar uses. The Planning: for the East side would allow for the integ:ration of these potential uses into the Town Center. Crown Heig:hts Center East District also includes a portion of the Casperkill Golf Course. with development of a viable Town Center likely to reauire a reconfig:uration and relocation of some of the golf holes within or near the center boundarv. This reconfig:urationlrelocation should take place in a way that maximizes the recreational value of the g:olf course in the context of the overall redevelopment of the Town Center and surrounding- lands. Because of the strong desirability of preserving and enhancing the g:olf course as a recreational facility. the residential element outlying the Town Center cannot be fully contained as close to the Center as would otherwise be possible. Accordine:ly. it would be inappropriate here. thoug-h it is appropriate elsewhere. to compel clustering of units along the boundary of the Town Center District line (c,f. Section 177-14 (N)). or to force an excessive number of units into the core of the Center. Instead. the purpose of the Crown Heig:hts Center East District will be to integ:rate residential units within and around the g:olf course area in a way that allows the best possible connection. by walkway. bicycle trail. or car. if necessary. into the Center. and optimizes design. availability of views. and other factors to assist in maintaining the g:olf course as a viable recreational facility. It is expected that residents living within the town center and the golfing: community will readily use the walkways and bike trails to access the Center. even if the distances are more than a ten minute walk. The land area available for a comprehensive development plan is also much larger on the east side of Route 9 than on the west. with the distances to the nearest existing: residences to the north and east of the town center varying: from 1.200 to 5.600 feet. The residences in the outlying: areas will also constitute a transition area between the center and the outlying existing residential areas. These existing: residences are also located on lots of one-half acre and more that are larger than the residential lots within and surrounding: the town center are likely to be. The residential areas around King:wood Park. Casperkill Drive. Saddle Rock Road. King: George Road. Spur Road. Nob Hill. Deer Run Road. Scofield Heig:hts. Collette Drive and Brookland Farms Road. for example. are developed for lower density sing:le family use on large lots with large homes. As a result of the larg:e distance from the town center area and the neig:hboring: homes. it is appropriate that the development of land on the east side of route 9 incorporate a "transition area" from the center to the outlying areas. In this transition area. the homes would generally be somewhat larger residential units than those which would be located in the center itself. The homes would also be placed in a manner to incorporate views over the g-olf course. and support the economic viability of retention of the g:olf course as a community recreational resource. 3 C) Except as otherwise indicated. l!:[!ermitted principal and accessory uses within the CHCO West District and CHCO East District shall be as follows. All proposed CHCO development shall follow the procedures for Town Board review as set forth in section "GD" below. All CHCO uses shall also require site plan review and approval by the Planning Board in accordance with ~210-150 of this Chapter, and subdivision review and approval by the Planning Board, if applicable, in accordance with Chapter 177: 1) Accessory apartments. 2) Accessory buildings and structures customary to the permitted principal uses. 3) Art gallery. 4) Bakery, retail. 5) Band stands, skating rinks, miniature golf, swimming pools. 6) Bank or financial services. 7) Bar, tavern. 8) Bus passenger shelter. 9) Bowling alleys. 10) Clinics. 11) Club, health and fitness. 12) Conference Center Hotel. (* CHCO East District onlv) 13) Convenience store. 14) Country clubs. 15) Day care center. 16) Delicatessen. 17) Dwelling, two-family. 18) Dwelling, single family, including attached and semi-detached units. 19) Dwelling, multi-family, including town homes, apartments, lofts, and condominiums. 20) Fraternal clubs. 21) Garage, commercial. 22) Golf courses. 23) Grocery store. 24) Home occupations. 25) Indoor recreation uses. 26) Inn. 27) Laundry, Laundromat, dry cleaner. 28) Libraries and civic uses. 29) Medical offices. 30) Museums. 31) Office. 4 32) Parks. 33) Parking lots. 34) Personal service business. 35) Places of religious worship. 36) Playgrounds. 37) Public utility structures. 38) Restaurant. 39) Retail business. 40) Service business. 41) Shopping center. 42) Supermarket, grocery, not to exceed 50,000 gross square feet. 43) Temporary buildings for construction purposes. 44) Theaters, playhouses. 45) Townhouse Condominiums. (* CRCO East District onlv). 46) Veterinary offices. D) Town Board initial review of development plan. In order to encourage the orderly development of the CRCO District as a high density mixed use residential/commercial center the following procedures shall apply: 1) Initial Determinations by the Town Board: In lieu of the procedures set forth in section 210-66, neither the Planning Board, or the Zoning Board of Appeals, or any other administrative agency, board, body, or officer of the Town of Poughkeepsie may receive, process, or determine applications for subdivision approval, site plan approval, special permit approval, use variances, area variances, aquatic resource permits, or any other land use approvals for property in the CRCO District without the prior determination by the Town Board under this section that the subject matter of the proposed application or applications is/are in technical compliance with the stated CRCO District purposes, stated permitted principal and accessory uses within the CRCO District, and density requirements of the CRCO District, as such purposes, uses, and density are set forth in subdivisions A and, B.l.,...fH'l4-.QI). of this section. This Town Board determination does not direct approval or limit or modify the authority otherwise existing under law for the receipt, processing and approval of anyone 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 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 5 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. for a CHCO application. superseded by the use. area. and bulk reauirements of this section. provided that no use shall be implemented until approvals are granted pursuant to the tormo of tho CHCO Diotriot aD oot f{)rth in this section 210-24. Upon the determination of the Town Board, as set forth in subsection (1) above, the Planning Board shall have the authority to receive and process an application for site plan, subdivision, special permit, and any other related approvals for a CHCO District I)Qevelopment. Similarly, other agencies, boards, bodies, or officers may receive any applications relating to other aspects of a CHCO District I)Qevelopment, in compliance with law. The location of principal and accessory uses, the architectural design and height of buildings, the minimum area and bulk requirements, maximum lot coverage, maximum impervious surface coverage and other area and bulk requirements shall be determined and approved by the Planning Board during site plan and subdivision review. E) The area and bulk regulations and supplemental regulations for the CHCO district shall be as follows: Minimum Land Area Required Minimum Lot Frontage (feet) Minimum Lot Depth (feet) (acres) 10 300 400 1) The minimum landM area of the original parcel may be comprised of one or more contiguous parcels of land owned by one or more owners provided that the application for development master plan and site plan and subdivision approvals is presented as a unified plan under which each owner shall agree to participate in a common development scheme. 2) The use of Traditional Neighborhood Development design is required. A mix of commercial uses and/or residential and commercial uses in all development projects is required. The Plannine: Board shall have the authority to allow or to reauire the placement of residential units and non -residential spaces within. alone: side of. and outside of any primary development area. secondary development area. and the CHCO Extended Overlay District in order to achieve a unity of desie:n provided the overall residential and commercial density for the proiect does not exceed the maximum densities permitted under this section. 3) Minimum non"retail densityMaximuB'i retail uoo donoity. Within the-ill'!Y.-CHCO pro;ectDistriet not less than twenty-five (25%) percent of gross area of all non-residential commoroial space shall be non"retail uses such as offices, service and personal service business, health clubs, recreational uses, theatres, restaurants, civic uses, or other uses not principally devoted to sale of goods for removal from the premises. but excludine: conference center hotels. 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 of all non-residential floor area within tho CRC Diotriot. 4) Maximum retail density. On a lot no single retail use shall occupy ground floor space in excess of 70,000 square feet. The continuous ground level frontage of a single commercial use building in excess of 150 feet in 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 6 visual dominance or appearance of a single, large commercial use. In addition: a Within the CRCO East District the total ross s uare foota e of ound floor retail and non-retail space shall not exceed 200.000 SQuare feet. (The grOSS SQuare footage attributable to a Conference Center Hotel shall be included in this limitation,) The total grOSS sauare footag-e of nonresidential space above the g-round floor shall not exceed 200.000 sauare feet. not more than fifty (50%) percent of which may be devoted to retail use. b) Within the CRCO West District the total g-ross sauare footag-e of g-round floor retail and non-retail space shall not exceed 150.000 sauare feet. The total g-ross sauare footag-e of nonresidential space above the g-round floor shall not exceed 150.000 sauare feet. not more than fiftv (50%) percent of which mav be devoted to retail use. ~Maximum residential dwelling unit density. a) As part of a CRCO East District development. within the CRCO East District any number of principal residential dwelling- units and their accessory structures that would be allowed to be placed within the adioining- R-2A District. based upon the densitv and incentive density provisions of that district. may. with the approval of the Planning- Board. be placed in any location within the CRCO East District. When developed as part of a CRCO East District development the residential units attributable to the density calculation for the R-2A District. and the residential units attributable to the density calculation for the CRCO East District. may be comingled and developed anywhere within the CRCO East District and the R-2A District as determined solely by the Planning Board. As part of a CRCO East District development no minimum lot size is specified or reauired. The Planning- Board shall determine and shall establish. in its sole discretion. appropriate parcel sizes for any principal and accessory residential and nonresidential use as part of its site plan. subdivision. and special permit reviews. as applicable. In no event shall the total number of dwelling- units within any CRCO East District development exceed three hundred fifty (350). !!lli2.Within the CRCO East District and the CRCO West District primarv development area the residential density shall not exceed four (4) dwelling units per acre. Minimum }Qtparcel Gize io not opecified ohall be determined by the Plannin!: Board. ~c)Within the CRCO West District Tho land area within the land within the secondary development area shall not be used to calculate additional residential density. The purpose of the secondary development area is to 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 outside the CRCO West District but adjoining the secondary development area-tha-t aro loeated within the R-2.^. and the R-2Q,OOO diotricto may be constructed within the secondary development area, provided such units are developed as part of an overall CRCO development plan. .J:0.d)Within the CRCO West District no minimum lot size is specified or reauired. The Planning' Board shall determine and shall establish. in its sole discretion. appropriate parcel sizes for any principal and accessory residential and nonresidential use as part of its site plan. subdivision. and special permit reviews. as applicable. ~Changes to residential dwelling unit density within the CRCO District may only be approved by the Town Board and not by variance from the Zoning Board of Appeals. 7 -'46) Landscaping. Shrubbery and trees located at or near intersections shall not interfere with motorist visibility or impede or obstruct sight lines along roads. drivewavs or intersections. Setbacks and landscaping for non-residential and mixed use developments shall be subject to the requirements of ~210-I52W(2) of this Chapter. ~7)Building Location and Architecture. Buildings shall be located close to existing and proposed street lines with parking oriented to the sides and rear of the principal structures where practicable. The architecture shall provide the appearance of 2"story structures along most of the fa9ade facing a street. Two atopy fncadoa facinG tho otreot aro encoU:Fubed, whero praetioable. Tnel'e should be a minimum of a tW8"otory faQaao faoing tho otreet or in aJ-looial oircumotanceG a ono-atory building '1lith the appoaranco of a twO"otoPy faQude, when two actual sterieo aro impraotieal. WS)Maximum Building Height. Single family dwellings shall be limited to 35 feet or 2.5 stories in height. Attached residential dwellings shall be limited to 50 feet or ~ stories. Multi-family dwellings shall be limited to 5.Qe feet or .a stories. Mixed use (i.e. commercial and residentiall buildings shall be limited to 65 feet or 4 stories provided that no fewer than 2 stories within the building shall be residential only. Conference Center Hotel shall be limited to 50 feet or 3 stories. Commercial use only buildings shall not exceed 65 feet or ~ stories. Parkin!! levels within anv building shall not count as stories. A free-standing parking garage shall not exceed 45 feet or 3 stories. .wf9) Roof. Flat roofs shall be avoided, except where the size or type of the building requires a flat roof and fa9ade variations and other architectural features can disguise the flatness of the roof as viewed from street level. 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 fa9ade. WIO) Roof Mounted Eauipment. All roof-mounted equipment shall be screened from street level utilizing screens of a height equal to the height of the unit. +2fll) Shared Parking. 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. Shared parking can reduce cumulative parking requirements for the mixed-use district if it is demonstrated that peak requirements of various uses 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. WI2) 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 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 8 constraints. +4).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, pergola, 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 encourages outdoor assembly. Sidewalk hardscaping adjacent to residential dwellings and commercial uses and small parking lot islands are not considered open space. 11)Shrubbery nhall be no hib'her than f01:U' foet above cmiatinb otreot bl'adeo, nor ohall any tree with folia be extend below 10 foet above the eotabliohea otreet braden. .^JI landoeapinb (treeo, ohrubo, planted beda) ahaY be maintained ';<:ithin 20 fcet of any otreet interoeetion or 10 feet of driveway/oyeet interoeetiono. Thin roatriotion in for purpooon of maintaiRinb ?ioibility at all timeo. W14) Pedestrian Access. Sidewalks shall be provided along any public 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 5 feet wide, and further buffer pedestrians from vehicular traffic with on-street parking where possible. Alternatively, the Planning may approve the use of tree wells within the sidewalk. 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. -l-ef15) New ConstructionNew or in-fill construction shall 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. ++f16) Yards. 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). W17) Windows. 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. ~18) Rooflines. 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. ~19) Facades. Any large building fa<;:ade and the sides visible from the transportation corridor shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings. W20) Streets. 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. ~21) Off-street parking". The number of off-street parking spaces provided should be the minimum necessary to adequately serve the intended use. 9 ~22) Service Allevs. Where practicable, service alleys for deliveries and utility access should. be established along rear property lines. W23) Roadwavs. 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. ~24) Drive-in and drive-thrus. 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. ~25) On-street parkine:. On street parking is prohibited on Route 9. W26) Loading- Areas. 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. ~27) Access. Residential rear access lanes should be used for access to garages and parking lots behind buildings. 29)Promote the pFeaervation of open apaee by eluatering of d'.velling unita and eoncentrating miJwEl developmenta within a "nevI urban" or "T:raditional Neighborhood Deaign" design ~ 30)Promote the preaervation of open apaee a.nd elimination of otrip-retail BY oluatering retail and commorcial uaea aaing zero lot lineo along a otreetaca13o with limited on-atreet parking and locating parking Iota to tho rear and aides of the buildinga within a "town center" or "lifootylo oenter" Eleaign plan. E) Special rules for the Crown Reie:hts Center Extended Overlav District ("CRCO EO")GHGG EKtcndea Overlay Diotriet. The areas depicted on the Zoning Map as the CRCO EO GHGG EKtended Overlay Diotrict consist of land zoned for residential use. These properties are located outside of the CRCO West District but they create a ~link between the CRCO West D4istrict core and the existing high density residential neighborhood to the west of the CRCO West District center. A re-development of the CRCO West District should, where possible, incorporate the CRCO EQJ(teeEied OV0rlay properties into the re-development to allow a transition from the commercial center of the CRCO West District near Route 9 to mixed use commercial/residential and residential"only uses extending westerly from the CRCO West Distric~. This opportunity already exists on the east side of Route 9 since the CRCO East District includes part of a R-2A district, and providing for a residential transitional area on the west side of Route 9 would allow integration of the existing residential areas with the CRCO West District development. 1) Notwithstanding any other provision of this Chapter, the properties located on the west side of U.S. Route 9 identified on the Zoning Map as "CRCO EOKtenaed Overlay "^.roa" shall be subject to the following regulations: a) The CRCO EOxtendea Overlay District is a supplement to the underlying zoning district(s). Nothing herein shall be construed to prevent the development of properties in the CRCO E01(tena0d O'lerlay 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 CRCO West District, property within the CRCO EQxtoBa0d QT.-crIay District may be developed for residential or mixed use residential/non-residential use provided that the maximum residential density may be increased by two (2) dwelling units per acre above the density allowed within the underlying zoning district. 10 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 West District development. The Planning Board is expressly authorized to require the clustering of the CHCO EOxtondoa OTle:rlay units and uses along the boundary of the CHCO West 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 West District. 11 R-2A ~ -~ >>: ------- I::) _______- CHCO OVERLA Y PRIMARY DEVELOPMENT AREA /~ / "-", ~, R-2A 5 TH WARD 2 ND WARD SECONDARY DEVELOPMENT AREA'" \ ---------\ \ \ I I / ~ EXHIBIT "B" /> (/ I ~ A"". '14-16-2 (9/95) - 7c 617.20 Appendix A State Environment Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR 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: o 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. o 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 PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. * o 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 Zonina Law Amendment - Crown Heights Center Overlay District Name of Action Town Board of thA Town of PoughkAApsiA Name of Lead Agency Patricia Meyers Print or Type Name of Responsible Officer in Lead Agency Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) May 19, 2010 Date '14-16-2 (9/95) - 7c 617 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) Crown Heights Center Overlay District as depicted on the Official Zoning Map of the 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 I ZIP CODE Poughkeepsie New York 12603 NAME OF OWNER (if different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE I ZIP CODE DESCRIPTION OF ACTION Amendment of ~21 0-9, '210-11 and '210-24 of the Town Code to amend the zoning map and zoning law relative to the Crown Heights Center Overlay District. See attached EAF Part 1D, Informational Details. 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 0 Industrial 0 Commercial 0 Residential (suburban) 0 Rural (non-farm) o Forest 0 Agriculture . Other Vacant Industrial. public recreation. retail. 2. Total acreage of project area: :t73 acres. 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) 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 . 14-16-2 (9/95) -7c 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 D No 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 D No (Hudson River, Vassar College, and individual buildings listed on the State and National registers). 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? DYes . 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? (Le., 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? 0 Yes 0 No 15. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 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? 0 Yes 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? 0 Yes 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 0 No N/A 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes 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 acres ultimately. 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 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 "14-16-2 (9/95) -7c 2. How much natural material (Le. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? 0 Yes 0 No . N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 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? 0 Yes . No 6. If single phase project: Anticipated period of construction? N/A months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated? (number). b. Anticipated date of commencement phase 1 month year, (including demolition) c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? 0 Yes 0 No 8. Will blasting occur during construction? 0 Yes . No 9. Number of jobs generated during construction? N/A ; after project is complete N/A N/A tons/cubic yards? 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities?? 0 Yes . No If yes, explain 12. Is surface liquid waste disposal involved? 0 Yes . No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount. b. Name of water body into which effluent will be discharged. 13. Is subsurface liquid waste disposal involved? 0 Yes . No Type: 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes . No Explain 1.5. Is project or any portion of project located in 100 year flood plain? 0 Yes . No 16. Will the project generate solid waste? 0 Yes . No a. If yes, what is the amount per month Tons b. If yes, will an existing solid waste facility be used? 0 Yes 0 No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 0 Yes . No e. If yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes . 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 . No 20. Will project produce operating noise exceeding the local ambient noise levels? 0 Yes . No 21. Will project result in an increase in energy use? 0 Yes . No If yes, indicate type(s) 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 '14-16-2 (9/95) - 7c 25, Approvals Required: Gity; Town, ~ Board GUy, Town, ~ Planning Board GUy, Town Zoning Board GUy, County Health Department Other Local Agencies Other Regional Agencies Dutchess County Dept. of Planning State Agencies Federal Agencies . Yes . Yes DYes DYes DYes . Yes Type Zoning Amendment Recommendation Submittal Date oNo oNo .No .No .No oNo GML 239-m recommendation DYes DYes .No .No 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 0 special use permit 0 subdivision o new/revision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s} of the site? Crown Heights Center Overlay District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A o 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 Y. mile radius of proposed action? Retail, vacant industrial non-residential zoning; single and two family, multi-family; Highway Business (B-H), Office Research (O-R), Residence Multi-Family (R-M), Residence, Single Family 2 acre (R-2A), Residence, Single Family 1.5 acre (R-1.5A), Residence, Single Family 20,000 (R-20), 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. 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? 0 Yes 0 No 12. Will the proposed action resutt in the generation of traffic significantly above present levels? 0 Yes . No a. If yes, is the existing road network adequate to handle the additional traffic? 0 Yes 0 No ONo N/A 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. Applicant/Sponsor Name Date May 19, 2010 Signature Title Dir. Of Municipal Development If the action is in the Coastal rea, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 PART ID Informational Details Zoning Law Amendment - Crown Heights Center Overlay District Town of Poughkeepsie, Dutchess County, New York Description of Action The proposed amendment to ~21O-9, ~210.1l and 92 10-24 of the Town of Poughkeepsie Code, "Crown Heights Center District" to: allow townhouse condominiums and conference center hotels as permitted uses in specified areas of the district; clarify the responsibilities of the Planning Board to allow or to require the placement of residential units and non-residential spaces within, along side of, and outside of the primary development area, the secondary development area, and the CHCO Extended Overlay District in order to achieve a unity of design; limit the total amount of ground floor retail and non-residential space permitted within the District; clarify landscaping standards; clarify and amend the maximum building height for residential, non-residential, and mixed use buildings; add descriptive headings to various sections; and add definitions for "conference center hoter' , "spa services", "townhouse condominium dwelling". None of the proposed changes would result in an approval to construct any use or improvement, but are instead technical amendments to the Town Zoning Law that was adopted in September 2007. Page 6 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie has prepared amendments to 9210-9, 9210-11 and 9210-24 of the Town Code relative to the Crown Heights Center Overlay District ("Amendments") as set forth in the attached Exhibit "A" and Exhibit "B"; which are available in the Town Clerk's Office in its full form, Monday thru Friday between the hours of 8:00AM and 4:00 PM WHEREAS, the action by the Town Board on the Amendments is a Type I Action as defined by 6 NYCRR 617.4(b) (2) of the SEQRA regulations; and WHEREAS, the adoption of changes to the Town Code is an act that only can be performed by the Town Board thereby making the Town Board the only involved agency and the only potential lead agency to coordinate the environmental review of the action; and WHEREAS, the proposed amendments are subject to a public hearing. NOW THEREFORE PLEASE TAKE NOTICE THAT: 1. The Town Board hereby establishes itself as the Lead Agency; and 2. The Town Board sets June 23, 2010 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 Crown Heights Center Overlay District amendments; and 3. The Town Board hereby directs that a copy of the Crown Heights Center Overlay District amendments be delivered to the Town Planning Board for an advisory report pursuant to Town Code 9210-154; and 4. The Town Board hereby directs that a copy of the Crown Heights Center Overlay District amendments 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 municipalities adjoining the Town of Poughkeepsie pursuant to the notice requirements of the General Municipal Law section 239-nn. Susan J. Miller, Town Clerk Town of Poughkeepsie May 26,2010 -,.... 1, Dutchess County Public Works William R. Steinhaus County Executive Highway Systems Management Divisions Charles E. Traver Commissioner County Superintendent of Highways Robert H. Balkind, P.E. Director of Highway Construction & Maintenance Gregory V. Bentley, P.E. Director of Engineering 626 Dutchess Turnpike Poughkeepsie New York 12603 H,C.M. Div. (845) 486-2900 Fax (845) 486-2920 Eng. Div. (845) 486-2925 Fax (845) 486-2940 [R1 ~ CC; ~ ~~ij ~ lQ) May 17,2010 MAY 2 1 20: J TOWN OF \iV,~PPINGER TOWN CLERK Christopher Colsey, Town Supervisor Town of Wappinger 20 Middlebush Road Wappinger, NY 12590 RE: PIN 8755.86, MIDDLEBUSH ROAD (CR 93) IMPROVEMENTS PLEASANT LANE TO CAMELI DRIVE TOWN OF WAPPINGER, DUTCHESS COUNTY, NY Dear Supervisor Colsey: Dutchess County, in cooperation with the New York State Department of Transportation and the Federal Highway Administration, is planning to hold a Public Information Meeting for the above-referenced project on Wednesday, June 16, 2010. This meeting will be held at the Town Hall, with registration from 6:30 pm to 7:00 pm. Please refer to the attached notice for additional information. There will be a brief technical presentation by the County's representatives with a request for public input and a follow-up question and answer seSSIOn. Please do not hesitate to contact the Dutchess County DPW Engineering Division at (845) 486-2925 if you have any further questions or concerns. n H. Akins, P .E. s ant Civil Engineer II Is Attachment C: Chris Masterson, Town Clerk Graham Foster, Highway Superintendent Town of Wappinger Emergency Services Dutchess County Emergency Response New York State Police Wappingers Central School District Carolyn M. Ryan, P.E., Local Program Manager, NYSDOT R-8 ~ -' '" Dutchess County Department of Public Works Engineering Division 1351 Route 55 LaGrangeville, NY 12540 Notice of Public Information Meeting The Dutchess County Department of Public Works will hold a Public Information Meeting to discuss proposed improvements to Middlebush Road (County Route 93) from Pleasant Lane to Cameli Drive in the Town of Wappinger (PIN 8755.86). The meeting will begin at 6:30 PM on Wednesday, June 16, 2010 at: Town of Wappinger Town Hall 20 Middlebush Road Wappinger Falls, New York 12590 The Department of Public Works, in cooperation with the New York State Department of Transportation and the Federal Highway Administration is developing design studies for the reconstruction of Middlebush Road from approximately 400 feet west of Pleasant Lane to approximately 400 feet east of Cameli Drive. The proposed project includes realignment of the existing roadway to improve operation and will accommodate proper lane and shoulder widths. Highway drainage improvements are also planned as part of the project. The length of the proposed project is approximately 0.25 miles. The project will require the public acquisition of property. The purpose of the meeting is to obtain comments on the proposed project from individuals, groups, officials and local agencies. The Department of Public Works is specifically soliciting comments on the development of alternates for the project and comments on the project's social, economic and environmental effects. This public information meeting is part of the continuing efforts by the Dutchess County Department of Public Works, the New York State Department of Transportation and the Federal Highway Administration to encourage public input into the development of transportation projects. Please advise this office if a sign language interpreter, assistive listening system or any other accommodation will be required to facilitate your participation in this public meeting. Our contact person is Jefferson Akins, P.E. whose phone number is (845) 486-2925. Further information on the project may be obtained from the Dutchess County Department of Public Works Engineering Division, 1351 Route 55, LaGrangeville, NY 12540, (845) 486-2925. Written comments on the project should also be forwarded to Mr. Akins at this address.