2011-10-07 (2)
i
Town of Poug IiRgepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
October th, 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
~~~~~~~[Q)
oel11 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 16th, 2011 at
7:00 p.m. regarding amendments to Chapter 210 of the Town Code entitled "Zoning", specifically Article
V, Section 210-22, "Arlington Town center (ATe) District", which amendment will be a Repeal of
subsection 210-22(G) Main Street Drive- In Overlay District (MSDOD)
Please frod copies of Resolution 10:5- # 10 of2011 and also the Public Hearing notice for your review and
recommendation.
Sincerely,
~~m2~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 10:5 - # ~ OF 2011
BE IT RESOLVED, that the Town Board of the Town of Poughkeepsie does
hereby set the 16th 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 V, Section 210-22, "Arlington Town Center (ATC) District", which
amendment would be follows:
REPEAL: g210-22(G) Main Street Drive-In Overlay District (MSDOD)
AND BE IT FURTHER RESOLVED, that the Town Board of the Town of
Poughkeepsie does declare itself as Lead Agency under the New York State
Environmental Quality Review Act, and does determine that this action is a Type II
Action requiring no environmental review; and
BE IT FURTHER RESOLVED, that the Town Board of the Town of
Poughkeepsie does hereby authorize and direct the Town Clerk to send a copy of the
proposed local law to Dutchess County Planning and the Town of Poughkeepsie Planning
Board as required by General Municipal Law and the Town's local law; and
BE IT FURTHER RESOLVED, that if adopted, said local law shall take effect
immediately upon filing with the Secretary of State.
Dated: ~(~~)\J CJ5) ,~.O \ 1
Moved: _!oJl./y\. ~I-bs-yv
Seconded: j(J(j J Ja/Y\/~)lQjlfu.o,
Ayes 1- Nays 0
JEN :mlp
t-9/21/11
m-10/5/11
G:\mllegal\r\20 II \oct\oct5\arnend21 O-delete-drive-inoverlaydistrict-sd.doc
AYE
NAY
Councilman Lecker
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilman Tancredi
Supervisor Myers
2
ARLINGTON TOWN CENTER DISTRICT
:MAIN STREET DRIVE-IN OVERLAY DISTRICT
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article V ~210-22 of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled "Arlington
Town Center (ATC) District" is hereby amended to add the following new zoning overlay district
and regulations:
~210-22(G) Main Street Drive-In Overlay District (MSDOD)
1) Overlay District purpose. Within the ATC District "drive-in" and "drive-through" uses, as
defined in ~210-9 are prohibited as out of keeping with the pedestrian, bicycle, low vehicle speed
character ofthe ATC District. By their nature, uses that deliver services and goods to drivers via
a drive-inldrive-through generate vehicular traffic that can compete with, and conflict with, the
movement of pedestrians and bicyclists in high density mixed use areas such as the ATC
District. The prohibition on the establishment of new drive-inldrive-through uses in the ATC
District is intended to encourage businesses that are not largely automobile dependent and that
would facilitate the movement of patrons between local business by foot or bicycle. It is
recognized, however, that the Main Street section of the ATC District presently contains several
long-established business that have drive-inldrive-through uses. The type of business uses and
the relatively low number of residences along Main Street also make this part of the ATC
District uniquely different from the ATC District south of Main Street to warrant, on a case by
case basis, consideration for the establishment of new drive-inldrive-through uses on existing lots
on Main Street. A Main Street Drive-In Overlay District (MSDOD) designation may be
permitted, at the sole discretion of the Town Board as a Zoning Map amendment subject to such
additIonal terms and conditions as the Town Board may require, at locations within the
Arlington Town Center (ATC) District which meet the Specific Requirements as set forth herein.
2) Specific Requirements. An application for a Main Street Drive-In Overlay District designation
shall be subject to the following specific requirements:
a) Eligible Lot. A Main Street Drive-In Overlay District designation shall only be permitted on
any lot as follows:
1) The entirety of the lot shall be within the Arlington Town Center (ATC) District.
ii) The lot shall have not less than 135 feet of continuous and unbroken frontage on Main
Street.
iii) The lot shall be located east of South Grand Avenue and North Grand Avenue, and west
of Fairmont Avenue and Taft Avenue.
iv) The lot shall have a minimum area of not less than one-half (0.5) acre.
b) Design preference. In its review of an application for Main Street Drive-In Overlay District
designation the Town Board shall give preference to the following:
1) A site design for a corner lot wherein the site ingress is via Main Street and site egress is
via the adjoining street.
ii) A site design wherein the lanes providing ingress and egress to the site are joined as a
single curb cut rather than split into two separate curb cuts (i.e. as in a horseshoe or "U'
shape) .
3) Procedure. The review and approval of an application for a Main Street Drive-In Overlay District
designation shall be as follows:
1 (A)
a) Town Board Review. An application for a Main Street Drive-In Overlay District designation
shall be submitted to the Town Board. Upon receipt of an application, the Town Board shall
notify the applicant of the place, date, and time of the meeting at which the application is to
be considered, and shall refer the application to the Planning Board and to the County
Planning Department for review and recommendation. The applicant or the applicant's
representatives shall be present at meetings of the Town Board at which the application is to
be considered.
b) Planning Board review. Within sixty-two (62) days of receipt of the application from the
Town Board the Planning Board shall make a recommendation to the Town Board as to
whether, in the opinion of the Planning Board, the application supports a Main Street Drive-
In Overlay District designation. The applicant or the applicant's representatives shall be
present at the meetings of the Planning Board at which the application is to be considered.
The time period for receipt of the recommendation shall be tolled where the Planning Board
has been designated as the lead agency to coordinate the environmental review of the
application pursuant to Article 8 of the Environmental Conservation Law.
c) SEQRA review. No application for a Main Street Drive-In Overlay District designation shall
be complete until a lead agency is established, and a Negative Declaration has been issued or
a Draft Environmental Impact Statement has been issued by the lead agency as satisfactory
with respect to scope, content and adequacy.
d) Town Board action. Within sixty sixty-two(62) days of receipt of a complete application, the
Town Board shall hold a public hearing on the application for a Main Street Drive-In Overlay
District designation. Notice of the public hearing shall be published in the official newspaper
at least ten (10) days prior to the date set for the public hearing. A public hearing on the
application shall also be coordinated with any public hearing on a Draft Environmental
Impact Statement. The Town Board may provide that the hearing be further advertised in
such manner as it deems most appropriate for full public consideration of the application,
including the prominent placement of one or more signs on the premises that is the subject of
the application notifying interested persons that an application for a Main Street Drive'In
Overlay District designation is under consideration by the Board. All notices shall include
the name of the application, the location of the site requested for designation, and the date,
place, time and subject of the public hearing at which the application will be reviewed. Such
notice shall not be required for adjourned dates. Within sixty-two (62) days of the close of the
public hearing the Town Board shall act to approve or disapprove the application for a Main
Street Drive-In Overlay District designation. The time within which the Board must render
its decision may be extended for such additional time as the Board may deem reasonable or
necessary to render a decision. The failure of the Board to take action within 62 days of the
close of the public hearing, or within such additional time period as may be agreed to or
established by the Board shall not result, and shall not be construed to result, in a default
approval of the application. The Board may, if it feels necessary to fully protect the public
health, safety and welfare of the community, attach to the designation any reasonable
conditions or requirements for the applicant to meet. The decision of the Board shall be filed
in the office of the Town Clerk within five (5) business days of the date such decision is
rendered and a copy thereof shall be mailed to the applicant. The zoning amendment shall
become effective as of the date of filing with the New York State Department of State.
e) Site plan approval. Site Plan review and approval by the Planning Board as provided in
Article XIII of this Chapter shall be required prior to commencement of any site work or the
issuance of a building permit. Changes to a previously approved site plan shall also require
site plan approval.
o Subdivision approval. If the development proposal involves the subdivision of land as defined
in this Chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be
2 (A)
required prior to commencement of any site work or the issuance of a building permit.
Changes to a previously approved subdivision plat shall also require re-subdivision approval.
g) Conformity with overlay.district designation required. The Planning Board shall not approve
any site plan and/or subdivision that is not in substantial conformance with the Main Street
Drive-In Overlay District designation granted by the Town Board or with any conditions
impose upon such designation.
h) Time Limits. If construction work on the proposed development is not begun within two (2)
years of the date of the Town Board approval of the Main Street Drive-In Overlay District
and completed within 2 years of the date of Planning Board site plan and/or subdivision
approval, then such designation shall become null and void and all rights therein shall cease
unless the Town Board, for good cause, authorizes an extension.
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 16th 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 V, Section 210-22, "Arlington Town Center (ATC) District", which
amendment would be as follows:
REPEAL: ~ 210-22(G) Main Street Drive-In Overlay District (MSDOD)
AND ALSO PLEASE TAKE FURTHER NOTICE, that the Town Board of the
Town of Poughkeepsie does declare itself as Lead Agency under the New York State
Environmental Quality Review Act, and does determine that this action is a Type II
Action requiring no environmental review; and
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 6th, 2011