2012-06-11
Town of Poug fi~epsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
June 8, 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
~~CG~U~~[Q)
JUN 11 2~:2
TOWN OF WAPPINGER
TOWN CLERK
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law that the Town
Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, July nth, 2012 at 7:00
p.m. regarding amendments to Chapter 210, "ZoniJ?g" concerning the regulation of temporary/tent sales
and signs
Please find copies of Resolution 6:6-# 12 of2012 and also the Public Hearing notice for your review and
reconunendation.
~ ~LovW
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
RESOLUTION 6:6 - #& of2012
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 Chapter 210, "Zoning" concerning the
regulation of temporary/tent sales and signs; and
WHEREAS, the proposed amendments are 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 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 amendments require 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 for July 11,
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 surrounding Towns, the City of
Poughkeepsie, and the Village of Wappinger Falls of the public hearing pursuant to GML
239-00.
Dated:
NW /meh
t-5129/2012
m-6/6/2012
G :\mllegal\r\20] 2~une\6-6tbmtg\Zoning Amendments.doc
AYE
NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
2
,/
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article IX of Chapter 210 of the Town of Poughkeepsie Code is hereby amended as follows:
2. Amend ~210"9 as follows:
"Temporary/Tent Sale' The use of any building or lot or portion thereof bv any vendaI' or
person who is not an owner of or a reg'ulal' IE'ssee tenant of said building- or lot for the
wholesale or retail sale of merchandise to the general public when such saletl+.le is for a
specified, limited period of time. q'...fl:e...&ak.....of mCl'ehan4i&"-fl.HtBt-~l'lffi'ffial...I:Hl..ffi:l.'l:€-8B--ef-.tJw
cetn bliohmcnt, m:d the m crchal~i4.--I:le-t~-'fr1:a:l-f!t{*-->lB~€l-e-ef..t-B-e
e-et-aoo-shmt'flt-:
3. Amend ~210-1l9(A) as follows:
"
"Any sign existing on or after the effective date of this chapter, which no longer
identifies a business conducted or product sold on the premises due to the cessation
or change of the business, shall be removed by the owner of the premises upon which
such sign is located within 30 days of the cessation or change of business or use. Any
variance granted for any sign removed or required to be removed pursuant to this
section shall be null and void upon the cessation or change of business or use for
which said variance was granted. The Zoning Administrator, upon determining that
any such sign exists, shall notify the owner of the premises, in writing, to remove
said sign within 30 days from the date of such notice. In the event that a lease or a
contract between the owner of land and the owner of a sign exists on the date of
violation notice, the owner ofland shall notify the owner of the sign of the notice of
removal and direct that the sign be removed. Removal shall include all parts of the
sign including but not limited to su-pporting framework. posts. brackets. enclosures.
etc. Failure to comply will result in the proper legal action being taken by the Zoning
Administrator ."
3. Amend ~210-72(B) as follows:
B. Temporary/Tent ooleo ohall meet tho following otondardo' A revocable. nom"enewable
12Drmit issued bv the Zonimt Administrator i8 l'E:C1Uired in order Jo conduct a Tent Sale.
Tent sales shall be limited to three consecutive days three times per calendar year per
site. Thc--1dsrmit mn}' be extended bv the Zoning- Admini;::t.rat.ol' dne t.o inclement
\V88ther. Additionally:
1
2) TomporarylTent ouleo 9holl eGrmply with the requirements for Gig-nG. The permit
is automatically revoked should the Zoning: Administrator or the Town of
Poughkeepsie Police. Senior Officer in Charg:e. determine in writing that the sale
is creating: an unsafe traffic condition.
3) Special use perm.it appro':al shall be obtained for any tempOl'o.ry/tent Gale to be
conducted on tho premiGoe. TomporarylTont oaleo oho.ll be limited to three per
yoar pCI' cotubliohmcnt.
4. Amend 9105(U)(19) as follows:
c. Tent sale permit: $50.
5. Amend 9210-122 as follows:
A. Prohibited Signs.
1. Billboard signs. The conversion of an\' billboard sign to an electronic message
displav style sign is ]Jrohibited.
6. A sign not located on the premises to which it is associated or to which it refers. Any
such sign shall be deemed to be a prohibit.ed billboard sign.
6. Amend 9210-123 as follows:
C. Except as provided herein, no freestanding sign shall exceed 20 feet in height or the
height of the principal structure, whichever is less. and shall be set back no les8 than ten
(10) feet from any highway l'ight-ohvav boundary.
7. Amend 9210-130 as follows:
A. Gasoline price hlettering affixed to any dispenser pumps in accordance with & 192 of the
A.v'icultLU~e and Markets Law shall be limited to one sign per dispenser pump and shall
not exceed one square foot in area. In addition. the name. svmbo1. or logo of t.he gas
hnmd lllay be affixed to any dis])eUS81' pump provided such mune. symboL 01' logo is
f\fL::;_td.fl!.lLt~2Ibi::_i)j5Ils..nse]' and QO.tLnot.J2I1Dect above Bny part of the smface of the
giS])('nH~l',
2
B. In addition to an\' wall sign or freestanding sign othel'wise allowed fol' the dish'let in
which an\' motor vehicle service facility may be located. two-GBe sign~ painted on or
affixed flat against the face of any dispenser pump ff.e.Ht-ef--a.i'l.Y-B.l:I-il4i*g-EH"-canopy shall
bei:t; allowed. Such sign~ shall not exceed an area e:reater thanef 25% of the size of the
cano])v face on which the sie:n is to be mounted.of the buildinb ortlK canop:; up to u
maximum oib'n oizo of 50 oquaro foct. The use of an electronic l1JE:'8::wge display sign on
~1nY-J:i1_DQP.Y_iJ:_IU'( JJll.hiJEdo
8. Amend ~210-131(D) as follows:
D. Historical markers, tablets and statues, memorial signs and plaques, and signs or
symbols designat.ed bv the Town Board as hist.ol'ic or 88 having hist.orical or cultural
significance; names of buildings and dates of erection when cut into any masonry surface
or when constructed of bronze, stainless steel or similar material; and emblems installed
by governmental agencies, religious or nonprofit organizations, not exceeding six square
feet.
9. Delete ~210-131(O) in its entirety:
O. :\.t 11 bl1oolino diopcnoinb Gtution, intop-al graphico or at.tachod prieo OiplO on buooline
pumpo.
3
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 Proiect sponsor)
1. APPLICANT / SPONSOR 2. PROJECT NAME
Town Board of the Town of Poughkeepsie Zoning Law Amendments
3. PROJECT LOCATION
MUNICIPALITY Town of Pou2"hkeepsie COUNTY Dutchess
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Town of Poughkeepsie, Dutchess County, New York
5. IS PROPOSED ACTION:
o New o Expansion . Modification/alteration
6. DESCRIBE PROJECT BRIEFL Y:
Town Board action to amend Chapter 210, Article IX of the Town Code to amend the regulations
pertaining to temporary/tent sales and technical amendments to the sign regulations.
7. AMOUNT OF LAND AFFECTED:
Initially Town-Wide Ultimately Town-Wide
8. WILL PROPOSED ACTION COMPL Y 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 UL TIMATEL Y, 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: Date:
Signature:
If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Fonn before proceeding with this assessment
PART II-ENVIRONMENTAL ASSESSMENT (To be completed by A2ency)
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? UNo, 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. Existingair quality, surface or groundwater quality or quantity, noise 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 in regard to temporary/tent sales and sign regulations in general.
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?
Explain briefly:
The action is a modification of local zoning regulations in regard to temporary/tent sales and sign regulations in general.
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
The amendments would not authorize the approval or construction of any temporary/tent sale or sign.
C4. A community'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 local code amendment to make technical corrections to the Town's temporary/tent sales and sign regulations.
CS. 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 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
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 (Le. urban or rural); (b) probability of occurring; (c) duration: (d) irreversibility; (e) geographic scope; and (f) 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 determination:
--r- /' AI.-- . .
./ oafcf 1"1. J ";'Vle. .r~
Print or Type Name of Responsible Officer in Lead Agency
~~?4 ~~
· Sicnature of Respon~le Oflicer in Lead Agency
Name of Lead Agency
I
S~'I''\i'SO~
Title of Responslble Officer
t, /?;'; ~
Signature of Preparer (If different from responsible officer
Date
2
. . .
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Town Board of the Town of Poughkeepsie
does hereby set the 11th day of July, 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 The Town Code, Chapter 210, entitled
"Zoning" concerning the regulation of temporary/ tent sales and signs.
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.
Susah I. Miller, Town Clerk
Town of Poughkeepsie
June 8th, 2012