2011-12-22
.
crown of (Poug Ii kg epsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
December 9, 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 of the General Municipal Law of the Zoning Law, that a public
hearing will be held by the Town Board ofthe Town of Poughkeepsie on Wednesday, December, 22nd 2010, at 7:00
p.m. regarding the following:
Amendments to the Town of Poughkeepsie Town Code, Chapter 210-9, 210-11, and 210-24 relative to Crown
Heights Center Overlay District.
Please find copy of Resolution 12:8- # 6 of 2010 with attachment and also the Public Hearing notice for yourreview
and recommendation.
Sincerely,
~~~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
lRl ~(C~~~~[Q)
DEe 1 4 2010
TOWN OF WAPPINGER
TOWN CLERK
AMENDED
RESOLUTION 12:8 - # 6 of2010
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 December 22, 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 S21 0-154; 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 239-00.
NW:mlp
Attachment
t-ll/30/10
m-12/8/10
G:\mllegal\r\20 I O\dec\dec8\crownheightsamendment -sd.doc
Councilman Lecker
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilman Tancredi
Supervisor Myers
Dated: ~c) or J2/Y\,\~jU (y~ J n) ()
~~ ' ' 711
~::~ ~~~ _ l-O~
Ayes r Nays ()
AYE
NAY
2
f&
Final: 12/8110
Exhibit ~'A"
S210-9. Definitions.
Amend or Add the following definitions:
HOTEL -- A building or group of buildings containing five (5) or more rooms designed to be used or
which are used, rented or occupied for sleeping purposes by transient guests and which may contain
other facilities accessory thereto including but not limited to restaurants, pool and/or gym facilities
intended for the use of the hotel guests, and conference and banquet facilities intended for use by the
general public as well as for hotel guests.
CONFERENCE CENTER HOTEL - A hotel which also provides facilities for educational and
professional conferences, seminars, and other meetings or events, and may also provide facilities for
recreation, spa services, entertainment, catering, fitness and health, and other services primarily for
conference center guests. As used herein spa services include, but are not limited to, therapeutic spa
treatments, salon services, sauna, whirlpool, yoga, fitness activities, wellness education and
counseling, leisure activities, and similar treatments or services.
DWELLING, TOWNHOUSE CONDOMINIUM -- An attached single-family 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 any other unit, and where the real property and units
are owned under a condominium form of ownership.
S 210-n. Zoning Map.
Amend the Zoning Map as shown on Exhibit "B" attached hereto.
Proposed Amendments to Crown Heights Center Overlay District Regulations
S 210-24. Crown Heights Center Overlay (CHCO) District.
A) District Purpose This 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.
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.
1
December 8,2010
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 CHCO 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 of the 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 unique 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 unique 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 exactly two hundred (200)
feet south of Mile Marker 1114:
1) Crown Heights Center Overlay West District: A primary development area extending a
radius of 880 feet from the center point, and a secondary development area extending a
radius of 1,100 feet from the center point (hereinafter "CHCO West District"). This
District also has an extension, the Crown Heights Center Extended Overlay
District("CHCO EO"), shown on the zoning map that is subject to additional regulations
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
nearest residential properties. The town center boundary 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 and
incorporates some single family residences into the town center. This residential
area, locally referred to as "Nassau", was originally established as a high density
single family neighborhood on lots of one-fifth to one-quarter of an acre. The homes
2
December 8, 2010
tend to be somewhat smaller than those on the east side of route 9. The higher
density scale of existing residential development on the west side of route 9 obviates
the need for a transitional area between the existing residential neighborhood 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 Heights 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
integration of these potential uses into a Town Center. The Crown Heights Center
East District also includes a portion of the Casperkill Golf Course, with development
of a viable Town Center likely to require a reconfiguration and relocation of some of
the golf holes within or near the center boundary. This reconfigurationJrelocation
should take place in a way that maximizes the recreational value of the golf 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 golf course as a
recreational amenity, the Planning Board should be given wider discretion to
authorize placement of residential units both in the Town Center and within the golf
course area in a way that appropriately integrates the residential units around the
golf course area in a way that allows the best possible connection, by walkway,
bicycle trail, or car, if necessary, into the Town Center, and optimizes good design,
availability of views, and other factors to assist in maintaining the golf course as a
viable recreational facility. It is expected that residents living within the golfing
community will readily use the walkways and bicycle trails to access the Town
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. These
existing residences are located on lots of one-half acre and more, larger than the
residential lots within and surrounding the town center are likely to be. The
residential areas around Kingwood Park, Casperkill Drive, Saddle Rock Road, King
George Road, Spur Road, Nob Hill, Deer Run Road, Scofield Heights, Collette Drive
and Brookland Farms Road, for example, are developed for lower density single
family use on large lots with large homes. As a result of the large distance from the
Town Center area and the neighboring homes, it is appropriate that the development
of land on the east side of route 9 incorporate a "transition area" from the Town
Center to the outlying areas which include the golf course. In this transition area,
the homes may be somewhat larger than those which would be located in the Town
Center itself. The homes and the commercial uses, such as a Conference Center
Hotel, would also be placed in a manner to incorporate views over the golf course,
and support the economic viability of retention of the golf course as a community
recreational resource.
C) Except as otherwise indicated, permitted principal and accessory uses within the CRCO
West District and CHCO East District shall be as follows. Any proposed CHCO development
shall follow the procedures for Town Board review as set forth in section liD" below. Any
CRCO 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 in accordance with ~ 210-46.
2) Accessory buildings and structures customary to the permitted principal uses.
3
December 8, 2010
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.
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, and townhouse
condominium dwellings.
19) Dwelling, multi-family, including townhouses, townhouse condominiums, apartments,
and lofts.
20) Fraternal clubs.
21) Garage, commercial.
22) Golf courses.
23) Grocery store.
24) Home occupations.
25) Indoor recreation uses.
26) Inn.
27) Dry cleaner.
28) Libraries and civic uses.
29) Medical offices.
30) Museums.
31) Outdoor restaurant dining facilities subject to S 210-102.
32) Office.
33) Parks.
34) Parking lots.
35) Personal service business.
36) Places of religious worship.
4
37) Playgrounds.
38) Public utility structures.
39) Restaurant.
40) Retail business.
41) Service business.
42) Shopping center.
43) Supermarket, grocery, not to exceed 50,000 gross square feet.
44) Temporary buildings for construction purposes.
45) Theaters, playhouses.
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 CHCO 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, B, and C 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
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 any CRCO application, superseded by the use,
area, and bulk requirements of this section, provided that no CHCO use shall be
implemented until approvals are granted pursuant to this section 210-24. Upon the
determination of the Town Board, as set forth in subsection (1) above, the Planning
5
December 8, 2010
Board shall have the authority to receive and process an application for site plan,
subdivision, special permit, and any other related approvals for a CRCO District
development. Similarly, other agencies, boards, bodies, or officers may receive any
applications relating to other aspects of a CRCO District development, 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 CReO District shall be
as follows:
Minimum Land Area Required Minimum Lot Frontage (feet) Minimum Lot Depth (feet)
(acres)
10
300
400
1) The minimum land area of the original parcel may be comprised of one or more
contiguous parcels ofland 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 Planning Board shall reject, and shall not process, any CRCO
development application that does not include a mix of residential and non-residential
uses. Any application for a purely residential or a purely non -residential development
shall not be eligible for approval under this section as a CHCO development. The
Planning Board, in approving any phased or staged CRCO development, shall also have
authority to incorporate requirements to assure that the mixed-use character of the
project is maintained throughout the course of development, and may enforce such
requirements by appropriate means, including conditions, requirements of security, and
withholding building permits and/or certificates of occupancy.
3) Minimum non-retail density. Within a eRCO project, not less than twenty-five (25%)
percent of gross area of all non-residential 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 excluding 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.
4) Maximum retail density. Within the eRCO District 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 visual dominance or appearance of a single, large commercial use. In
addition, and regardless of the number of CRCO applications:
a) Within the CRCO East District, the total gross square footage of ground floor retail
and non-retail space shall not exceed 200,000 square feet (The gross square footage
attributable to a Conference Center Rotel shall be included in this limitation). The
6
December 8,2010
total gross square footage of nonresidential space above the ground floor shall not
exceed 200,000 square feet, no more than fifty (50%) percent of which may be devoted
to retail use.
b) Within the CHCO West District, the total gross square footage of ground 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 square footage of nonresidential space above the ground floor shall not
exceed 200,000 square feet, no more than fIfty (50% ) percent of which may be
devoted to retail use.
5) Maximum residential dwelling unit density.
a) The maximum residential density within the CHCO East District shall not exceed
four (4) dwelling units per acre.
(i) Overall unit cap for comprehensive development of CHCO East District and
adjoining golf course lands. In order to encourage the comprehensive
development of the CHCO East District properties and the adjoining golf
course lands in a manner that will facilitate continued putlic use of the golf
course lands, notwithstanding any other contrary provisions of the zoning
law, the Planning Board may approve a development that represents the
cumulative density as derived from the summing of all units allowed in all
such districts, including incentive units, and may authorize a mix of units
containing any number of the various residential unit types permitted in
either district, and may authorize such units to be placed, constructed, and
commingled, as appropriate, in all or any portion of one or more of such
districts, as determined by the Planning Board in its discretion, with due
regard for the reasons for the CHCO East District as set forth in section 210-
24 (B) (2). However, in no event shall the total number of units in any such
development project (including the CHCO and the golf course lands) exceed
350 units.
b) The maximum residential density within the CHCO West District primary
development area shall not exceed four (4) dwelling units per acre. No residential
density is attributable to the CHCO West District secondary development area.
(i) Within the CHCO West District 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
placement 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 CHCO West District but
adjoining the secondary development area may be constructed within the
secondary development area, provided such units are developed as part of an
overall CHCO development plan.
6) Determination of Parcel Size. 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.
7) Changes to residential dwelling unit density within the CHCO District may only be
approved by the Town Board and not by variance from the Zoning Board of Appeals.
8) Landscaping. Shrubbery and trees located at or near intersections shall not interfere
7
December 8, 2010
with motorist visibility or impede or obstruct sight lines along roads, driveways or
intersections. Setbacks and landscaping for non-residential and mixed use developments
shall be subject to the requirements ofS 210-152(A)(2) of this Chapter.
9) 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 fa<;ade facing a street.
10) 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 3 stories.
Multi-family dwellings shall be limited to 50 feet or 3 stories. Mixed use (i.e. commercial
and residential) 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 4 stories. Parking levels within any building shall not count as stories. A free"
standing parking garage shall not exceed 45 feet.
11) Roof. Flat roofs shall be avoided, except where the size or type of the building requires a
flat roof and fa<;ade 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 fa<;ade.
12) Roof Mounted Equipment. . All roof-mounted equipment shall be screened from street
level utilizing screens of a height equal to the height of the unit.
13) 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 flied 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.
14) 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
constraints.
15) 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
8
December 8, 2010
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.
16) 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 Board 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.
17) New Construction. New or infill 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.
18) 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).
19) 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.
20) 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.
21) Far;:ades. Any large building far;: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.
22) 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.
23) Off-street parking. The number of off-street parking spaces provided should be the
minimum necessary to adequately serve the intended use.
24) Service Alleys. Where practicable, service alleys for deliveries and utility access should
be established along rear property lines.
25) Roadways. 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.
26) 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.
9
December 8, 2010
27) On"street parking. On-street parking is prohibited on Route 9.
28) 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.
29) Access. Residential rear access lanes should be used for access to garages and parking
lots behind buildings.
F. Special rules for the Crown Heights Center Extended Overlay District C"CHCO EO"). The areas depicted
on the Zoning Map as the CHCO EO consist ofland zoned for residential use. These properties are located
outside of the CHCO West District but they create a link between the CHCO West District core and the
existing high-density residential neighborhood to the west of the CHCO West District center. A re-
development of the CHCO West District should, where possible, incorporate the CHCO EO properties into
the re-development to allow a transition from the commercial center of the CHCO West District near Route
9 to mixed-use commercial/residential and residential-only uses extending westerly from the CHCO West
District. This opportunity already exists on the east side of Route 9 since the CHCO 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 CHCO 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 "EO" shall be subject to the
following regulations:
a) The CRCO EO District is a supplement to the underlying zoning districtCs). Nothing
herein shall be construed to prevent the development of properties in the CRCO EO
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 EO District may be developed for residential or mixed use
residentiaVnon-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.
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 CRCO
West District development. The Planning Board is expressly authorized to require
the clustering of the CRCO EO units and uses along the boundary of the CRCO 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 CRCO
West District.
10
December 8, 2010
D ~ ~/;[' ",~.,;
Q 1'"
ills R-20 ,r;!
.~
~~
ill r'* .'
- ii'a~J~lJ,r1tr~-='" '\ ",/SECONDARY DEVELOPMENT A
l]<~)~~n~tJf/,~r ,'. .,,~~/-,)r~F ~ \1\\/~~ fT7/'J
~ r-'! 'I"~,. I / i~0 }---; "~~r"'\ /'--' I r~- =; /- ~~fi \ ~>" . i.' I EXHIBIT "B"
-7-::;:!, /;;'1,') I~'/:$ (:;' '; {f " --1/i:f~G \'" \_~~>, >
1J~ '~M /! /--"~I 1-------7 " "~, I r'~--/ f_____'f-.-J -- -----\'"J' /)-...., ../,/
0~' z -?O-1, /.....-- _ f-"~I f--..... I .J fh. r"i'r...--. ! /--.. l.-_ I - ! lr .
, I /." "> <<" } ~! /----.._( '.. 'f' ""f"f?," / / -7-,-~' \, \.- ,/i (I
...'1---.....1 I ;' .., ~;- -.... '. ----,.J / -------- I ~- ;' / I L 01 \ t
-- / 7--.-1 " , r- r ~ f ..!. , .'t; -..: I' i!:----j ~ I ,., J-I 'I;! _ I _ .
r-- '-..c....' .r, I " I I ;--.,_......_ )C".. "'''. 'f,-.. j..........C;., __ I I ;
I . ~..-.< / If I I I ! '"-__ --~__ - ~- " .....
- '--.'.- ---'-~-~-_._-----
R-M
.~~-
)
i
I
/
...{....
--// \
\
\
"
\
\
'... /.....- /,.r
'-:~
R-2A
CHCO OVERLA Y
PRIMARY DEVELOPMENT AREA
~..,.
......
....,
'"
......-.
"
R-2A
o TH WAffD
2 ND WARD
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie has
prepared amendments to ~210-9, ~210-11 and ~210-24 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 potentia11ead 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 December 22nd, 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
ofthe General Municipal Law section 239-00.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
December 91\ 2010
,.
tTown of Poug IiRgepsie
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.rn. 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 "Horne Occupations". This has been revisedfrom the version sent out in September, 2010.
Please fmd copy of Resolution: 12: 8 -#5 of 20 I 0 and also the Public Hearing notice for your review and
recommendation.
Sincerely,
~ ~o1V(Afi\{)
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
ff?i~i<<JJ
DEe 1 4 ZGf{}
TOWN OF I
TOWN WCAPPINGER.
LERJ(
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:
Home 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. Home Occupations.
ADD:
~210-74. Home 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'/t'lle
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 ofthe principal structure in which the home occupation is conducted
shall meet all requirements for habitable space as defined in ~21O-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. (1 \
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 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 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: ~^ wmL~ (i) fl dO) 0
,
Moved: ~~ A_ ~ (A[Y\I\..~odJ
Seconded: ll~~ KUU:fflV<<.,
Ayes 1 Nays 0
DDH:mlp
t-11/30110
m-12/8/l0
G :\rnllegaI\r\20 I O\dec\dec8\homeoccupationamend-sd.doc
3
AYE
NAY
Councilman Lecker
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilman Tancredi
Supervisor Myers
4
14-26-4 11/95 Text 12
Project 1.0. Number
^'
611.20 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 Home Occupations amendment
3. PROJECT LOCATION
MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess
4. PRECISE LOCATION (Street address and road intersections, prom inent landmarks, etc., or provide map)
Town of Poughkeepsie, Dutchess County, New York
5. IS PROPOSED ACTION:
o New o Expansion . Modification/a~eration
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 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
AppUcanVsponsor name:. ~ Dale: r~~L'/ "
s;gn~~ AA.~"'-o"" ",I .#t~~....,<..) /J~"~)""I"-..-r
(
If the action Is In the Coastal Area, and you are a state agency, compietlllhe Coastal AIo....ment Form before Proceacllng with this a.....ment I
PART II-ENVIRONMENTAL ASSESSMENT (To be comoleted bv Aeency)
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.
04. 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.
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
None identified.
a;. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly.
None identified.
G. 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
EST ABLISHMENT OF A CEA?
DYes . No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
o Yes . No If Yes. explain briefly:
'.
PART III-DETERMINATIOl)l' OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For e.ch .dverae.,effect identified above, determine whether it i. .ubstential, large, important or otherwise significent. Each effect .hould be ......ed
in conn.ction with its (a) s.tting (i... urban or rurel): (bl probability of occurring; (e) duration: (dl irr.v.r.ibility; (e) g.ographic .cop.: and (f) magnitude. If nece..ary.
add attachments or r.ference .uPPQrting materials. Ensure that ."planations contain suffici.nt detail to show that all rel.vant adverse impacts have be.n id.ntifi.d
and adequately addre...d. If question D of Part II was check.d ye., the d.termination and significance mu.t evaluet. the potential impact of the proposed sction
on the environmental charact.ristics 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 andlor 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 Respon.ible Officer in LeedAgency
Title of R.spon.ible Officer
Signature of Responsible Officer in Lead Agency
Signature ofPreparer (If diff.rent from responsibl. officer
Dote
2
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board ofthe 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 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
~210-9. Definitions.
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. Home Occupations.
ADD:
~210-74. Home Occupations.
A) 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 subject to
registration with the Zoning Administrator and payment of a fee as set forth by
the 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 ~21O"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.
2) Home occupations that do not meet the criteria in paragraph "C" (1) 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.
e) 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 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 Clerk
Town of Poughkeepsie
December 9, 2010
3