2012-03-07 (2)
rrown of (Poug liksepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
February 3, 2012
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
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FEB ~ (; 20\2
TOWN Or W"APPINGER
,OWN 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, March 71\ 2012 at 7:00
p.m. regarding an amendment to Chapter 210-90 "Motor Vehicle Service Facilities"
Please find copies of Resolution 2: 1-#1 of2012 and also the Public Hearing notice for your review and
recommendation.
Sincerely,
~SftQ0ffJKJ
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 2:1 . #7 of 2012
Town of Poughkeepsie Town Board
Amendment to Chapter 210-90, "Motor Vehicle Service Facilities"
WHEREAS, the Town Board is considering an amendment to Chapter 210-90
of the Zoning Law in regard to the regulations for Motor Vehicle Service Facilities;
and
WHEREAS, the proposed amendment is attached hereto and incorporated
herein and the TDwn Board does hereby waive a verbatim reading of said
amendment and does direct that said amendment be spread across the record as if
they, in fact, had been read verbatim; and
WHEREAS, the amendment would amend the standards for development of
any Motor Vehicle Service Facility to require a minimum separation distance of 500
feet from any property developed for residential use which is located in a residential
district; and
WHEREAS, the action to amend the Zoning Law is an Unlisted Action under
the New York State Environmental Quality Review Act; and
WHEREAS, the Town Board has determined that the proposed amendment
must be referred to the Dutchess County Department of Planning and Economic
Development and to the Town Planning Board for review and recommendation; and
WHEREAS, the amendment of Chapter 210-90 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 amendments to
Chapter 210-90 of the Town Code for March 7, 2012, 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 Clerks of the
surrounding municipalities of the public hearing pursuant to GML 239-nn.
Dated: ~~:Lr) ~
Moved By: Il. ~ j,t ) 1 <> z)
Seconded By: -?~t"-~. C~
Ayes 't Nays 0
JEN/meh
t-l/26/20 12
m-2/1/2012
AYE
NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
G:\mllegal\r\2012\feb\2-1mtg\Motor Vehicle Service Facilities Amendment Resolution 0201l2.doc
2
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article VIII of Chapter 210-90 of the Town of Poughkeepsie Zoning Code entitled ''Motor Vehicle
Service Facilities" is hereby amended as follows:
~ 210-90. Motor vehicle service facility.
10 In any district where permitted, motor vehicle servIce facilities shall be subject to the
following regulations:
1) There shall be a minimum lot area of 30,000 square feet unless the district regulations
require a larger lot area. There shall be minimum road frontage of 200 feet unless the
district regulations require a larger road frontage.
2) All bulk petroleum products or similar substances shall be stored underground, and all
applicable rules governing the storage of underground petroleum tanks shall apply.
3) No inoperative or partially dismantled automobile shall be stored on the premises for
more than 90 days. All such vehicles shall be screened from view.
4) Off-street parking and storage of automobiles shall be in accordance with S21O-92.
5) No facilitv shall be located within 500 feet from anv property developed for residential
use which is located in a residential district.
st\ hedge, fence or wall adequate for year-round ocreening of the Gerviee otation oho.ll be
inotalled nlong any residential property line and oho.ll be of design, location and materinl
approT;ed by the Planning Board.
6) If a carwash is involved, the following restrictions shall apply:
a) Lot size for automobile washing facilities shall be a minimum of two acres, and such
lot shall have street frontage of at least 200 feet.
b) All washing and machine-drying operations shall be conducted within a structure.
c) The building exit for automobiles that have completed the washing and machine-
drying process shall be set back a minimum of 50 feet from the nearest point of any
street line.
d) No washing, vacuuming, steam-cleaning, waxing, polishing nor machine-drying
operation, nor building within which such operations are conducted, shall be
permitted within 100 feet of a residential building located in a residence district.
e) All lot lines abutting residentially zoned or used property shall be screened by means
of a solid masonry wall, opaque fence or evergreen hedge of a design acceptable to the
Planning Board. Such screen shall not be less than six feet nor more than eight feet
in height and shall be maintained in good condition throughout the life of the use.
D All entrance and exit lanes and parking areas shall be surfaced with an asphaltic or
portland cement pavement so as to provide a durable and dustless surface and shall
be so graded and drained as to dispose of all drainage water therein in a manner that
does not adversely impact adjacent properties, uses and abutting roadways.
g) Entrance and exit drives:
(j) The principal driveway entrance shall be located at least 200 feet from the
nearest intersection of public streets.
February 2, 2012
(ii) Exit drives for new facilities shall be designed to avoid the accumulation of
water on the surface normally traversed by exiting vehicles. The exit drive
shall have a minimum length of 150 feet located past the wash facility
structure and incorporate speed bumps designed to shake the vehicle
sufficiently to remove as much wash water as possible prior to the vehicle's
exiting the site.
h) Any lighting used shall be so arranged as to reflect the light away from adjoining
premises in a residential use and abutting roadways.
j) All operations shall be conducted completely within the lot lines of the property.
j) Parking and stacking space. One parking space shall be provided for every three
employees. In addition, off-street stacking spaces shall be provided for waiting
vehicles in accordance with the requirements set forth below. Each single stacking
space shall be 20 feet in length and 10 feet in width. Where a vehicle washing facility
use is combined with a gasoline filling station use, fueling positions shall not be
included as off-street stacking space. Stacking space requirements shall be as follows:
(j) Conveyor, tunnel or rollover-type car wash: eight stacking spaces per wash
bay.
(ij) Wand-type coin-operated self-service car wash, five bays or fewer: five spaces
per wash bay.
(iii.) Wand-type coin-operated self-service car wash, six to nine bays: four spaces
per wash bay.
(iv) Wand-type coin-operated self-service car wash, 10 or more bays: three spaces
per wash bay.
k) Wastewater disposaL
(j) All wastewater generated by the vehicle washing facility shall be disposed of
properly. The design and capacity of any septic system servicing such a
facility shall be approved in advance by the governmental agencies having
jurisdiction over such systems. If a municipality sewer system is used for
wastewater disposal, the facility shall obtain the permission and approval of
the operators of the system in advance of discharging any wastewater into
the system.
(ii) No vehicle washing facility shall be permitted to discharge any watery
residue from the washing operation into any stormwater drainage collection
system which could contaminate public water supplies.
(iii.) No vehicle washing facility shall be operated within a distance of 100 feet of
any designated wetland areas.
D Water reclamation. All facilities shall have a water reclamation system, including a
holding tank with an audio/visual alarm system to warn operating personnel of high
level conditions.
m) If a car wash is combined with or added to any other motor vehicle service facilities, a
special use permit is required for such car wash.
n) The provisions herein made shall not be affected in the event that any portion of the
within legislation is declared void, invalid, unenforceable or unconstitutional.
February 2,2012
14-19-4 (11/95)-Text 12
617.20 SEQR
Appendix C
State Environmental Quality Review Act
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1 - PROJECT INFORMATION (To be completed bv Applicant or Project sponsor)
1. APPLICANT / SPONSOR 2. PROJECT NAME
Town Board of the Town of Poughkeepsie Proposed Zoning Amendment
Chapter 210-90, Motor Vehicle Service Facilities
3. PROJECT LOCATION
MUNICIPALITY Town of Poughkeepsie COUNTY Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Town-wide
5. IS PROPOSED ACTION:
o New o Expansion . Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
This would amend the standards for development of any Motor Vehicle Service Facility to require a minimum
separation distance of 500 feet from any property developed for residential use which is located in a residential
district.
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
Applicant/sponsor name: Town of PouE!:hkeeosie Date: February 1. 2012
Signature: Neil A. Wilson
Title: Director of Municipal Development
PART II-ENVIRONMENTAL ASSESSMENT (To be completed bv Agencv)
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. ExSingairquality, surface or groundwater quality or quantity, noise levels, existingtrafficpattems, solid waste production or disposal, potential for
erosion, drainage or flooding problems? Explain briefly:
No. The action is the adoption of the standards for development of Motor Vehicle Service Facilities to require a minimum
separation distance of 500 feet from any property developed for residential use which is located in a residential district,
but does not authorize any development project.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
No. The amendment is a change of the standards for development that does not authorize any development project.
0. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
No. The action is a text amendment that does not authorize any development project or uses for the properties.
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use ofIand or other natural resources? Explain briefly.
No. The action is a text amendment that does not authorize any development project or uses for the properties.
(s. 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 CI-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?
DYes . No If Yes, explain briefly:
PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS; For each adverse effect identified above, determine whether it is substantial, large. important or otherwise significant. Each effect should be assessed in connection with its
(a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (I) 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.
D Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL
EAF 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 detennination:
Name of Lead Agency: Town ofPoue:hkeepsie
Date:
Name and Title of Responsible Officer in Lead Agency: Todd Tancredi Supervisor
Signature of Responsible Officer in Lead Agency:
LEGAL NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the Town Board of the Town of Poughkeepsie will
conduct a Public Hearing on the 7th day of March, 2012, at 7:00 PM, or as soon thereafter as the
matter may come to be heard at the Town Hall, Town of Poughkeepsie, 1 Overocker Road, New
York at which time, all parties in interest and citizens shall have an opportunity to be heard as to
whether the Town Board of the Town of Poughkeepsie should amend The Town Code, Chapter
210-90, "Motor Vehicle Service Facilities". The amendment would amend the standards for
development of any Motor Vehicle Service Facility to require a minimum separation distance of
500 feet from any property developed for residential use which is located in a residential district;
and
PLEASE ALSO TAKE FURTHER NOTICE, the action to amend the Zoning Law is an
Unlisted Action under the New York State Environmental Quality Review Act; and
PLEASE ALSO TAKE FURTHER NOTICE, that 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 oftrus matter pursuant to Article 8 of the Environmental
Conservation Law; and
PLEASE TAKE FURTHER NOTICE that the full text of the draft proposed local law
amendments will be available for review and inspection at the office of the Town Clerk on
weekdays from 8:00 AM to 4:00 PM.
Susan 1. Miller, Town Clerk
Town of Poughkeepsie
February 3,2012