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2011-11-18 (5) .,... . . crown of (faug liksepsie SUSAN J. MILLER ONE OVEROCKER ROAD POUGHKEEPSIE, NY 12603 OFFICE OFTOWN CLERK PHONE: (845) 485-3620 FAX: (845)485-8583 November 18th, 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 fPd~rc~oW'~{O) NO ' v+ 22 2011 TOWN OF . TOWN WCALPPINGER cRk 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, December 14,2011 at 7:00 p.m. regarding: Change of Zone- Tax Parcel Number 6262-01-130823-0000, Bedell Road Please fmd copies of Resolution 11: 16- #7 of 20 11 and also the Public Hearing notice for your review and recommendation. Sincerely, ~~w4M Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie - " RESOLUTION 11:16 - #~ of 2011 Town of Poughkeepsie Town Board Change of Zone - Tax Parcel Number 6262-01-130823-0000, Bedell Road WHEREAS, the Town Board has received a communication from the Director of Municipal Development recommending that the zoning designation oftax parcel number 6262-01-130823-0000, located on Bedell Road, be amended from Salt Point Center (SPC) to Residence, Single Family 4 Acre (R-4A); and WHEREAS, the subject parcel is approximately 28.15 acres in size and is undeveloped; and WHEREAS, the Town Board has been advised that the property includes extensive areas of local, state, and federal regulated wetlands and would be unsuitable for the high density mixed use development currently allowed under the Salt Point Center regulations; and WHEREAS, the action to amend the zoning classification of this parcel is as a Type I Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 NYCRR Part 617, ("SEQRA"); 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, amendment of the Zoning Map (~210-11 of the Town Code) requires a public hearing. NOW THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby sets a public hearing on the proposed amendment to change the zoning designation of tax parcel number 6262-01-130823-0000, located on Bedell Road from Salt Point Center (SPC) to Residence, Single Family 4 Acre (R-W for December 14, 2011, at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York; and 2. The Town Board 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 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 Clerk of the Town of LaGrange of the public hearing pursuant to GML 239-nn. ::::d~~'~~ Seconded By: Jy.clAo..AU,CY<w Ayes l' Nays 0 NW/meh Attachment t-11/10/2011 m-11/1612011 G:\mllegal\r\20 II \nov\nov 16\SPC Map Amendment resolution 111611.doc AYE NAY Councilman Lecker Councilman Eagleton Councilman Conte Councilman Cifone Councilman Krakower Councilman Tancredi Supervisor Myers 2 HELP ,Navigation Toolbar : ; Identify I! i 'i P reel Address Lists (Primary Owner) Buffer(ft): 100 Coordinates N: I. .,ng. 1;'-_ ....;; .. ~ -"'B _ -. . _II', '......" IIlI _"':!lI"'" r.II_1 W. - . -'1 "' " ~"Ii ~~~r:~;lj~-~.~~:.~ -- ~, ~.,.I"" .^,.~ .. II';~ ,~c:,~r~" l{j;,.~ "" /h"""'" :' '.' '''.. .J4t. Ill' ' : 1I1.~~. II r". ,-': ..-. .l:..: .:. . .......... .1-...... - III ,,1lI~' ... ...- - II . ~ ~~ !!II } II&Il ... 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'<<i1t~ II Area of Interest Town of Poughkeepsie Parcel Owner Address LOT NUMBER: 130000 0000 00 000000 0000 swis section block lot suffix This search is within: Town of Poughkeepsie ~ PARCEL IDENTITY FINAL ROLL 2011 Parcel Number: 134669-6262-01-130623-0000 Parcel Address: Bedell Rd Poughkeepsie 126030000 Owner Information: Moustakas . Anthony (Primary) Moustakas . Demitri (Additional) Moustakas . George (Additional) Primary (P) Owner Mailing Address 21 S Cross Rd Lagrangeville NY 125400000 Lot Size I Land Use (Land Use Code); 26.15 Ac (S) I Rural vac> 10 ( 322) Assessment Information: Land = $375000 I Total = $375000 Market Value: $375000 School District: Hyde Park CSD Agricultural District: Roll Section: 1 (Taxable) Tax Code: N (Non-Homestead) The following detailed Information is available for this parcel; ~ Photo ~ E!!lUJrQR!lJ1Y carg rr=il D..;.... I .....~ r'\j.....................;.......",.. 14-16-2 (9/95) -7c 617.20 SEQR Appendix A State Environment Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: ____ Part! :_Erov:ides_objective_dataancl informationabout_a_given_projectandits 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 ofEAF completed for this project: . Part 1 0 Part 2 o Part3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: D A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. D B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared. * D C. The project may result in one more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Chan~e of Zone - Tax Parcel Number 6262-01-130823-0000, Bedell Road Name of Action Town of Poughkeepsie Town Board 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) November 10,2011 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 Change of Zone - Tax Parcel Number 6262-01-130823-0000, Bedell Road lOCATION OF ACTION (Include Street Address, Municipality and County) Tax Parcel Number 6262-01-130823-0000, Bedell Road, Town of Poughkeepsie, New York, Dutchess County NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE None - Direct Action by the Town Board c/o 845-485-3650 u 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 Change in the zoning designation of tax parcel number 6262-01-130823-0000, located on Bedell Road from Salt Point Center (SPC) to Residence, Single Family 4 Acre (R-4A). The Town Board has been advised that the property includes extensive areas of local, state, and federal regulated wetlands and would be unsuitable for the high density mixed use development currently allowed under the Salt Point Center regulations 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: 0 Urban 0 Industrial 0 Commercial 0 Residential (suburban) . Forest . Agriculture 0 Other . Rural (non-farm) 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pastures, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECl) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings an other paved surfaces Other (Indicate type) 1:28.15 acres. PRESENTLY AFTER COMPLETION 1:28.15 acres 1:28.15 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? Hoosic aravellv loam & Nassau-Cardiaan complex a. Soil drainage: . Well Drained :f::50 % of site . Moderately well drained :t15 % of site . Poorly Drained :t35 % 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? 0 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? >5' 5. Approximate percentage of proposed site with slopes: DYes .No (in feet) . 0-10% :1:70 % . 10-15% :1:25 % . 15% or greater :1:5 % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? DYes. No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes . No 8. What is the depth of the water table? 0-6' seasonal (in feet) 9. Is site located over a primary, principal, or sole source aquifer? DYes . 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? . Yes D No According to NYSDEC. Identify each species Potential Blandings turtle habitat 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations.) DYes . No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreational area? DYes . No If yes, explain 14. Does the present site include scenic views known to be important to the community? 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary DYes .No None 16. Lakes, ponds, wetland areas within or contiguous to project area: NYS and ACOE freshwater wetlands a. Name unnamed b. Size (In acres) unknown 17. Is the site served by existing public utilities? . Yes D No a) If Yes, does sufficient capacity exist to allow connection? . Yes D No b) If Yes, will improvements be necessary to allow connection? DYes . No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-M, Section 303 and 304? DYes . No 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 6177 DYes . No 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes . No 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 :1:28.15 Acres. b. Project acreage to be developed: 0 acres initially; 0 c. Project acreage to remain undeveloped :1:28.15 acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed? N/A % f. Number of off-street parking spaces existing N/A ; proposed N/A g. Maximum vehicular trips generated per hour N/A (upon completion of project)? h. If residential: Number and type of housing units: N/A One Family Two Family Multiple Family acres ultimately. Condominium Initially Ultimately L 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 D No . N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes D No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? :to.00 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes. No 6. If single phase project: Anticipated period of construction? 0 months, (including demolition). 7. If multi-phased: N/A 0.00 tons/cubic yards? a. Total number of phases anticipated? (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? 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 10. Number of jobs eliminated by this project? N/A 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? DYes . No Type: 14. Will surface area of an existing water body increase or decrease by proposal? DYes . No Explain 15. Is project or any portion of project located in 100 year flood plain? 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 0 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? DYes . No year, (including demolition) year. N/A 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 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 D newlrevision of master plan 0 resource management plan 0 other 2. What is the zoning c1assification(s) of the site? SPC District 3. What is the maximum potential development of the site if developed as permitted by the present zoning? :!:40 residential units with mixed commercial as part of a town center development , . 14-16-2 (9/95) -7c 25. Approvals Required: Gity, Town, Village Board Gity, Town, Village Planning Board Gity, Town Zoning Board Gity, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies . Yes DYes DYes DYes DYes DYes DYes DYes DNo .No .No .No .No .No .No .No Type Zoning Amendment Submittal Date o subdivision D site plan 4: What is the proposed zoning of the site? Residence, Single Family 4 Acre (R-4A) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6 -10 single family dwelling units 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? Single family residential and agricultural uses; SPC District, R-4A District, R-MH District. 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y. mile? . Yes 0 No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A 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? DYes . No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes . No a. If yes, is existing capacity sufficient to handle projected demand? DYes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? DYes . No a. If yes, is the existing road network adequate to handle the additional traffic? DYes 0 No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Date November 10, 2011 Applicant/Sponsor Name Town of Poughkeepsie Town Board Signature Neil A. Wilson Title 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. 5 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Town Board of the Town of Poughkeepsie does hereby set the 14th day of December, 2011 at 7:00 P.M. at the Town Hall, Town of Poughkeepsie, One Overocker Road, Poughkeepsie, NY as the time date and place of a public hearing to consider a change of zone for said tax parcel number 6262-01-130823- 000, located on Bedell Road, from Salt Point Center (SPC) to Residence, Single Family 4 Acre (R-4 A) AND PLEASE ALSO TAKE FURTHER NOTICE that the affected land area is approximately 28.15 acres in size and is undeveloped; and that the Town Board has been advised that the property includes extensive areas of local, state and federal regulated wetlands and would be unsuitable for the high density mixed use development currently allowed under the Salt Point Center regulations AND PLEASE TAKE FURTHER NOTICE, that the action to amend the zoning classification ofthis parcel is a Type I Action under the New York State Environmental Quality Review Act and its implementing regulations, 6 NYCRR Part 617, ("SEQRA") Susan J. Miller, Town Clerk Town of Poughkeepsie November 18th, 2011