2011-10-07
'Town of POUIJ IikJepsie
SUSAN J. MILLER
ONEOVEROCKERROAD
pdUGHKEEPSIE, NY 12603
October ih, 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 OFTOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
[R1~CGre~~~[Q)
DC! 11 2011
TOWN OF WAPPINGER
TOWN CLERK
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, November 2nd, 2011 at
7:00 p.m. regarding amendments to Chapter 210 of the Town Code entitled "Zoning" concerning height
regulations.
Please fmd copies of Resolution 10: 5- # 11 of 20 11 and also the Public Hearing notice for your review and
recommendation.
~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 10:5 - # / / of 2011
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development recommending amendment to Chapter 210, "Zoning"
concerning height regulations; and
WHEREAS, the proposed 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 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 for
November 2, 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.
5. The Town Board directs the Town Clerk to notify the Town Clerks of the
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 239-00.
6. Said local law, if adopted, shall take effect immediately upon filing with the
Secretary of State.
Dated: ~K.J\) 05) a(1))
Moved: ~~) ~ ^:!:
Seconded: V~0- ~..~
Ayes !t~ Nays 0
JEN:mlp
Attachment
t-9/30/11
m-10/5/11
G:\m11ega1\r\20 11 \oct\oct5\amendchapter21 0-13 K -heightexceptions-sd.doc
AYE
NAY
Councilman Lecker
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilman Tancredi
Supervisor Myers
2
BE IT ENACTED by the Town Board of the Town of Poughkeepsie the following
amendments to the Town of Poughkeepsie Town Code:
1. Article III, S210-13, "General Regulations", is hereby amended as follows:
Change the following paragraph:
K) Height exceptions. District building and structure height regulations shall
not apply to roof mounted flagpoles, radio or television antennas,
equipment shelters, transmission towers or cables, spires or cupolas,
chimneys, ventilators, skylights, elevator or stair bulkheads, equipment
penthouses, parapets or railings, water tanks or cooling towers, solar
collectors and the equipment used for the mounting or operation of such
collectors, or any similar structures not used for human occupancy,
provided that such structures shall not extend more than 20 feet above the
roof on which they are mounted; and such structures shall not block the
solar access potential of adjacent lots.
G:\m1legaI\r\20 11 \oct\oct5\heightexceptions-locaIlaw .doc
BE IT ENACTED by the Town Board of the Town of Poughkeepsie the following
amendments to the Town of Poughkeepsie Town Code:
1. Article III, ~210-13, "General Regulations", is hereby amended as follows:
Change the following paragraph:
K) Height exceptions. District building and structure height regulations shall
not apply to roof mounted flagpoles, radio or television antennas, equipment
shelters. transmission towers or cables, spires or cupolas, chimneys,
ventilators. skylights, elevator or stair bulkheads, equipment penthouses,
parapets or railings, water tanks or cooling towers, solar collectors and the
equipment used for the mounting or operation of such collectors, or any
similar structures not used for human occupancy, provided that such
structures ~h,al~ ,I1.ot ,e~t~n,~Jl1!Jr~, th~I1., ~Q, Je~t ~~<?.\'~__t~~..ro<?f oI1., w,hieh they u, _ _ u,' u.''''-
are mounted;, ,~~~, S\l.c.l,1, ,~t~,u,ct~r~s.!3.l,1_~ll_ ~9.t _91,<?~,~_ t,l,1,~, s!J1~:r; _ ~cc.~~,S _P,ot,~I1.t~~I.<?f, - -"'.""
adjacent lots.
Deleted: in their aggregate
coverage occupy no more than 10%
of the roofarea of the building when
mounted on a roof. and no more
than 5% of the lot area when
mounted on the ground; such
structures
Deleted: district height regulations
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. APPUCANT/SPONSOR 2. PROJECT NAME
Town Board of the Town of Poughkeepsie Amendment to Chapter 210, "Zoning"
3. PROJECT LOCATION
MUNICIPAUTY Town of Poughkeensie 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 Chapter 210, "Zoning" concerning exceptions to the height 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 o 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 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 permiUapproval
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL?
DYes . No If Yes, list agency(s) and permiUapproval
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
ApplicanUsponsor name: TOWN BOARD OF THE TOWN OF POUGHKEEPSIE Date: OCTOBER 5.2011
Signature: NEIL A. WILSON. DIRECTOR OF MUNICIPAL DEVELOPMENT
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 comDleted bv Ae-encvl
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 concerning exceptions to the height regulations for the various zoning districts to
clarify that such exceptions only apply to roof-mounted structures and only to the extent of 20 feet above the height of the roof. The
amendments would not authorize land changes or any development project.
(2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
Explain briefly:
The amendments would not authorize land changes or any development project.
C3. 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.
C6. 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 rura!); (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
S (,0'f e /{' J I S d r
Title of R<!Aponsible Officer
rs
Id
Signature of Preparer or different from responsible officer
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 2nd day of November, 2011 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 Chapter 210, entitled "Zoning",
specifically Article 111,210-13 regarding Height exceptions.
AND ALSO PLEASE TAKE FURTHER NOTICE, that the Town Board of the
Town of Poughkeepsie states that because only the Town Board can consider and adopt
changes to the Town Code 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 ALSO 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
October 6t\ 2011