2011-07-25 (2)
rrown of (['oug likfepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
July 25th, 2011
Dutchess County Dept. of Planning,
Dutchess County Legislature
Ulster County Legislature
NYS Dept. of Transportation
Town Planning Department
Town Planning Board (Via E-Mail)
Town Zoning Department
Town Zoning Board (Via E-Mail)
NYS Environmental Conservation
NYS of Environmental- New Paltz
Town Clerk, Town of Pleasant Valley
City Clerk, Poughkeepsie, New York
Town Clerk, Town of Lagrange
Town Clerk, Town of Hyde Park
Town Clerk, Town of Wappinger
Town Clerk, Village ofWappingers Falls
Town Clerk, Town of Marlborough
Town Clerk, Town of Lloyd
OFFICE OF TOWN CLERK
PHONE: (845) 485-3620
FAX: (845}485-8583
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law, that the Town
Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, August 241\ 2011 at 7:00
p.m. to consider an amendment to Chapter 210-79 of the Zoning Law in regard to security requirements for
the land contour change permits
Please fmd copies of Resolution 7:20- #16 of 20 11 and also the Public Hearing notice for your review and
recommendation.
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Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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RESOLUTION 7:20 - # 16 OF 2011
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development recommending amendment of Chapter 210-79 of the Zoning Law in.
regard to the security requirements for land contour change permits; and
WHEREAS, the amendment would allow the Town Attorney to approve the form of the
performance security, and authorize the use of other forms of security such as cash, letters of
credit, etc., in addition to performance bonds, to be used as security for land contour change
permits that an applicant shall provide to the Town; and
WHEREAS, the amendment is attached hereto and incorporated herein and the Town
Board does hereby waive a verbatim reading of said amendment and does direct that said
amendment be spread across the record as if it, in fact, had been read verbatim; and
WHEREAS, the action to amend the Zoning Law is an Unlisted Action under the New
York State Environmental Quality Review Act; and
WHEREAS, the Town Board has determined that the proposed amendment must be
referred to the Dutchess County Department of Planning and Economic Development and to the
Town Planning Board for review and recommendation; and
WHEREAS, the amendment of S210-79(C)(12) requires a public hearing.
NOW, THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby states that because only the Town Board can consider and
adopt changes to the Town Code that it is the only involved agency, and the Board
hereby declares that it is the Lead Agency for purposes of coordinating the
environmental review of this matter pursuant to Article 8 of the Environmental
Conservation Law; and
2. The Town Board hereby sets a public hearing on the proposed amendment to Chapter
S210-79(C)(12) of the Town Code for August 24,2011, at 7:00 PM, or as soon
thereafter as the matter may come to be heard, in the Town Hall, One Overocker
Road, Poughkeepsie, New York; and
3. The Town Board refers this matter to the Dutchess County Department of Planning
and Economic Development for a recommendation pursuant to GML 239-m; and
4. The Town Board refers this matter to the Planning Board for an advisory report
pursuant to Town Code Sections 210-154; and
5. The Town Board directs the Town Clerk to notify the Town Clerks ofthe surrounding
Towns, the Chamberlain of the City of Poughkeepsie, and the Clerk of the Village of
Wappinger Falls of the public hearing pursuant to GML 239-nn; and
6. Said local law, if adopted, shall take effect immediately upon filing with the Secretary
of State.
Dated:
Moved:
Seconded:
Ayes
JEN :mlp
Attachment
t-7/15/11
m-7/20/11
G:\mllegal\r\20 II \july\July 20\amendchapter21 O-landcontour-sd.doc
AYE
Councilman Leck~,^ D ~
Councilman Eagleton Q,\oS-Q./\{J:
Councilman Conte Ov'o st~
Councilman Cifone
Councilman Krakower
Councilman Tancredi
Supervisor Myers
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Nays
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NAY
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article VIII of Chapter 210, "Land contour changes", of the Town of Poughkeepsie Zoning Code
- -- - - - - enti t-led "Resi-denc-e -D-istr-i-ct Reg:ulations"- is hereby ::I m p.n rl p.cLas :fullmys..:
~21O-79(C)(12)
The applicant shall be required to furnish a security in an amount determined by the
Town Engineer to be sufficient to guarantee completion and/or stabilization of the
finished grading and drainage. Such security shall be approved as to form by the
Town Attorney, and shall be approved by the Town Board, and shall be released only
upon certification by the Town Engineer that all requirements of the land contour
permit have been complied with
. 14-16-4.(11/95)-Text 12
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 Proiect sponsor)
-1~L~#T~e~0~- --- ~_. -- -- - - ~- 2. -PRGJeG1=-NAM~ - ~---- - - - - - -- - - - ---- - - -_.~
Town Board of the Town of Poughkeepsie Amendment to ~21O-79(C)(12), "Land Contour
Changes" of the Town Code
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 o Expansion . Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Town Board action to amend ~21O-79(C)(12) of the Town Code to allow the Town Attorney to approve the form
ofthe performance security, and remove the performance bond as the sole acceptable form of security that an
applicant shall provide to the Town.
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 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
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
APPI;~n"~~< Date: :? ~7/ J
Signature' - ~ ~
.
. .
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 -~ ~--~ ---____.__u_ ----
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 additional forms of security (i.e. cash, letters of credit, etc.) to be used
as security for land contour change permits.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
Explain briefly:
The amendments would authorize the use of additional forms of security (i.e. cash, letters of credit, etc.) to be used as security for land
contour change permits.
O. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
The amendments would not authorize land changes or any development project.
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 amendments would not authorize land changes or any development project.
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.
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 whether it is substantial, large, important or otherwise significant. Each effect should be assessed
in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (d 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 bave 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 andfor 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
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board, Town of Poughkeepsie does
hereby set a public hearing on the proposed amendment to Chapter 210, "Zoning" of the
Town Code in regard to Section 210-79 in regard to the security requirements for land
contour change permits for Wednesday, August 24th, 2011 at 7:00 PM, or as soon
thereafter as the matter may be come to be heard, in the Town Hall, One Overocker
Road, Poughkeepsie, New York; and
PLEASE ALSO TAKE FURTHER NOTICE that a complete copy of the
amendment is available for review in the Town Clerk's Office located at One Overocker
Road, Poughkeepsie, New York, between the hours of 8:00 AM -4:00 PM, Monday thru
Friday.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
July 25,2011