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2012-06-06 SUSANJ. MILLER ONEOVEROCKERROAD POUGHKEEPSIE, NY 12603 f{own of (Poug h~epsie .# o I \. ~ OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX: (845) 485-8583 May 14th, 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) 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, that the Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, June 6th, 2012 at 7:00 p.rn. regarding amendments to Article VI ~2l0-38(?) and Article IT ~2l0-8 of Chapter 210 of the ZOning Law to include "Libraries" as a use permitted in the Institutional District subject to the Town Planning Board approval. Please find copies of Resolution 5:9- # 4 of20l2 and also the Public Hearing notice for your review and recommendation. ~ Felicia Salvatore Deputy Town Clerk . Town of Poughkeepsie RESOLUTION 5:9 - #4 of 2012 Town of Poughkeepsie Town Board Amendments to Chapter 210 of the Town Code WHEREAS, the Town Board has received a communication from the Director of Municipal Development recommending amendments to Article VI ~210-38(B) and Article II ~210-8 of Chapter 210, "Zoning", to include "Libraries" as a use permitted in the Institutional District subject to Town Planning Board approval; and WHEREAS, the proposed amendments is attached hereto and incorporated herein and the Town Board does hereby waive a verbatim reading of said amendments and does direct that said amendments be spread across the record as if they, in fact, had been read verbatim; and WHEREAS, the action to amend the Zoning Law is a Type I Action under the New York State Environmental Quality Review Act; and WHEREAS, the Town Board has determined that the proposed amendments must be referred to the Dutchess County Department of Planning and Economic Development and to the Town Planning Board for review and recommendation; NOW, THEREFORE BE IT RESOLVED THAT: 1. The Town Board hereby states that because only the Town Board can consider and adopt changes to the Town Code that it is the only involved agency, and the Board hereby declares that it is the Lead Agency for purposes of coordinating the environmental review of this matter pursuant to Article 8 of the Environmental Conservation Law; and 2. The Town Board hereby sets a public hearing on the proposed amendment for June 6, 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 1 4. The Town Board refers this matter to the Planning Board for an advisory report pursuant to Town Code Sections 210-154. 5. The Town Board directs the Town Clerk to notify the Town Clerks of the surrounding Towns, the Chamberlain of the City of Poughkeepsie, and the Clerk of the Village of Wappinger Falls of the public hearing pursuant to GML 239-nn. Dated: Ayes Nays NW /meh t-5/4/2012 m-5/9/2012 G:\mllegaI\r\20 12\may\may9tbmtg\IN District Zoning Amendment Resolution OS0912.doc AYE NAY Councilman Baisley Councilman Eagleton Councilman Conte Councilman Cifone ) Councilman Krakower ((llos.uJ; Councilwoman Shershin Supervisor Tancredi 2 BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: Article VI ~210-38 of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled '1nstitutional (IN) District" is hereby amended as follows: B. Permitted uses shall be as follows (Note: "*,, designates a use which is subject to site plan approval by the Planning Board: 1) *Colleges and universities. 2) *Educationallvocational training centers. 3) *Hospital, clinic. 4) *Laboratories, dental, medical and radiological, not involving hazardous biological material use, storage or disposal. 5) * Libraries. 6) * Offices. 7) *Places of religious worship, subject to ~210-95. 8) *Schools. Article II ~210-8 of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled "Definitions" is hereby amended as follows: LIBRARY . a Dublic or private institution or Dlace in which literary. musical. artistic. or reference materials (maintained as books. manuscriDts. recordine:s. films. CDs. DVDs. taDes. and other media) are kept for Dublic access and use but are not e:enerallv offered for sale as Dart of the ree:ular business of the library. A library is created and maintained with the intention of Drovidine: free Dublic access to such material. with the altruistic e:oal of educational enlie:htenment and betterment of the public welfare. 1 Town Board Review Draft May 9, 2012 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 1: Provides objective data and information about a given project and its 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 of EAF completed for this project: . Part I o Part 2 o Part3 Upon review of the information recorded on this EAF (parts land 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: 0 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. 0 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. * 0 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 Zoning Law Amendments - Institutional (IN) District Regulations. Name of Action Town Board of the Town of Poughkeepsie Name of Lead Agency Todd Tancredi Supervisor Print.JW Type Name o~esponsible Officer In Lead Agency Title of Responsible Officer ~. ,,/ /' Af" ' ~~ Signature of Responsible Officer In Lead Agency Signature of Preparer (If different from responsible officer) Mav9.2012 Date 1 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 Zoning Law Amendment - Institutional (IN) District Regulations to allow Libraries as a Permitted Use LOCATION OF ACTION (Include Street Address, Municipality and County) Town-wide in those areas zoned Institutional District, Town of Poughkeepsie, Dutchess County, New York . NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town Board of the Town of Poughkeepsie 845-485-3600 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 Zoning Law amendments to add "libraries" as a permitted use In the Institutional District subject to site plan approval by the Town Planning Board. Libraries are already expressly permitted as accessory uses in the IN District. 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: . Urban . Industrial . Commercial . Residential (suburban) . Forest . Agriculture . Other Town-wide in all IN District areas. 2. Total acreage of project area: N/A acres. 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) . Rural (non-farm) PRESENTL Y AFTER COMPLETION acres 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? N/A a. Soil drainage: 0 Well Drained N/A % of site 0 Moderately well drained N/A % of site o Poorly Drained N/A % 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? N/A acres. (See 1 NYCRR 370). 2 4. Are there bedrock outcrop pings on project site? a.HWhat is the depth to bedrock? N/A 5. Approximate percentage of proposed site with slopes: DYes ONo N/A (in feet) o 0-10% N/A % o 10-15% N/A % o 15% or greater N/A % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? . Yes 0 No (Hudson River, Vassar College, and individual buildings listed on the State and National registers). 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes . No 8. What is the depth of the water table? N/A (in feet) 9. Is site located over a primary, principal, or sole source aquifer? 0 Yes . No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes . No 11. Does project site contain any species of plant or animal life that is id~ntified as threatened or endangered? N/A DYes 0 No According to N1A Identify each species 12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations.) N/A DYes . No Describe N/A 13. Is the project site presently used by the community or neighborhood as an open space or recreational area? N/A . 0 Yes . No If yes, explain N/A 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 ONo N/A 16. Lakes, ponds, wetland areas within or contiguous to project area: N1A a. Name b. Size (In acres) 17. Is the site served by existing public utilities? 0 Yes 0 No N1A a) If Yes, does sufficient capacity exist to allow connection? 0 Yes 0 No b) If Yes, will improvements be necessary to allow connection? 0 Yes 0 No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-AA, Section 303 and 304? 0 Yes 0 No N/A 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 0 Yes 0 No N/A 20. Has the site ever been used for the disposal of solid or hazardous wastes? 0 Yes 0 No N/A 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 N/A Acres. b. Project acreage to be developed: N1A acres initially; N/A c. Project acreage to" remain undeveloped N/A- - 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 i. 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 2. How much natural material (Le. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed? 0 Yes 0 No . N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 0 Yes 0 No c. Will upper subsoil be stockpiled for reclamation? 0 Yes 0 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? 0 Yes . No 6. If single phase project: Anticipated period of construction? N/A months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated? (number). b. Anticipated date of commencement phase 1 month year, (including demolition) c. Approximate completion date of final phase month year. 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 N/A 10. Number of jobs eliminated by this project? 0 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? 0 Yes . No Type: 14. Will surface area of an existing water body increase or decrease by proposal? 0 Yes . 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 . No e. If yes, explain 17. Will the project involve the disposal of solid waste? 0 Yes . No a, If y~s, what Is the anticipated rate Qf dispo~l? 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? 0 Yes . No N1A tons/cubic yards? If yes, indicate type( s) 22. If water supply is from wells, indicate pumping capacity N1A 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 0 subdivision o new/revision of master plan 0 resource management plan 0 other 2. What is the zoning classification(s) of the site? N/A 3.' What is the maximum potential development of the site if developed as permitted by the present zoning? NJA 25. Approvals Required: GUy; Town, ~ Board Gity, Town, ~ Planning Board Gity, Town Zoning Board Gity, County Health Department Other Local Agencies Other Regional Agencies Dutchess County Depl of Planning State Agencies Federal Agencies . Yes . Yes DYes DYes DYes . Yes DNo DNo .No .No .No DNo Type Zoning Amendment Recommendation Submittal Date GML 239-m recommendation DYes DYes .No .No o site plan 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 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 "A mile radius of proposed action? N/A - action Is town-wide within the IN District zoned areas . Yes ONo N/A 8. Is the proposed action compatible with adjoining/surrounding land uses within a "A mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? 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? 0 Yes . 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? 0 Yes 0 No 12. Will the proposed action result in the generation of traffic significantly above present levels? 0 Yes . No a. If yes, is the existing road network adequate to handle the additional traffic? 0 Yes 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. Applicant/Sponsor Name Town Board of the Town of Poughkeepsie Date May 9,2012 Signature Neil A. Wilson Title Dlr. 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 6th day of June, 2012 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 amendments to Article VI ~21O-38(B) and Article II ~210-8 of Chapter 210 of the Zoning Law to include "Libraries" as a use permitted in the Institutional District AND PLEASE ALSO TAKE FURTHER NOTICE that said amendment is available to preview in the Town Clerk's Office located at One Overocker Road, Poughkeepsie, New York, between the hours of 8:00 A.M. - 4:00 P.M., Monday thru Friday. ALSO PLEASE TAKE FURTHER NOTICE that, if adopted, said local law shall become effective immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie May 17th, 2012