2012-09-05
TOWN CLERK
Christine Fulton
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS, NY 12590
WWW.TOWNOFWAPPINGER.US
(845) 297.4158 - Main
(845) 297-5771 - Direct
(845) 298-1478 - Fax
Office of the Town Clerk
SUPERVISOR
Barbara A. Gutzler
TOWN BOARD
William H. Beale
Vincent Bettina
Ismay Czamiecki
Michael Kuzmicz
q-'own of Pouglik,repsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
August 10,2012
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 Yark
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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TOW/\; vi- VVAPPINGER
TOWN CLERK I
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,.September 5th, 2012 at
7:00 p.m. regarding amending certain definitions in the Town Zoning Law including changes to the
defmition of "family".
Please fmd copies of Resolution 8: 8-#2 of 20 12 and also the Public Hearing notice for your review and
recommendation.
7:/Y'
~~~~
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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RESOLUTION 8:8- #2 of 2012
Town of Poughkeepsie Town Board
Amendments to Chapter 210
WHEREAS, the Town Board has received a recommendation from the
Director of Municipal Development regarding amending certain definitions in the
Town zoning law including changes to the definition of "family"; and
WHEREAS, a copy of the proposed amendments to ~210 is attached hereto
and made part of this resolution and a verbatim reading of said amendment is
hereby waived and the Town Clerk is directed to spread the proposed amendment
across the record as if it 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 ("SEQRA"); and
WHEREAS, the amendments are subject to a public hearing.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a public hearing on the proposed amendments to
Chapter 210 for September 5, 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
2. The Town Board hereby states that because only the Town Board can
consider and adopt changes to the Town Code that it is the only involved
agency, and the Board hereby declares that it is the Lead Agency for
purposes of coordinating the environmental review of this matter pursuant to
Article 8 of the Environmental Conservation Law; and
3. The Town Board refers this matter to the Dutchess County Department of
Planning and Economic Development for a recommendation pursuant to
GML 239-m; and
4. The Town Board refers this matter to the Planning Board for an advisory
report pursuant to Town Code Sections 210-154.
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5. The Town Board directs the Town Clerk to notify the Town Clerks of each of
the surrounding municipalities of the public hearing pursuant to GML 239-
nn.
Dated: C~~t Gf) ),I\!J.
Moved By: ,_fu~ r a~1Jsyv
Seconded By: ~'Y.)Pflh (J.IM h.....
Ayes 1- I Nays ()
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Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
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BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article II, Section 210-9 of the Town of Poughkeepsie Zoning Code entitled
"Definitions" is hereby amended as follows:
BOARDING HOUSE_~.':. A building or a portion of a building, other than an inn. bed
and breakfast, hotel. motel. or a single-familv residential dwelling. arranged or used
for the renting of lodging rooms, with or without meals. but with no cooking or
sanitarv facilities in the individual rooms. bv five or more persons. ~\ building,
other than a hotel, \vhere lodging and mcala for fivc or mOl'C peraona arc providcd
for compensation. Thesc rooms, individually or collectively, do not conotitutc
separate dVlclling units.
BOARDER - An unrelated person (not a family member). renting or leasing a single
room in a dwelling. wherein the room is not equipped with individual cooking or
sanitary facilities.
FAMILY -.: As used herein shall mean:
A) Any number of persons occupying a single nonprofit dwelling unit, related by
blood, marriage or legal adoption, living and cooking together as a single
housekeeping unit.
B) Any number of persons occupymg a single nonprofit dwelling unit, not
exceeding fourf:ivB adults living and cooking together as a single
housekeeping unit as the functional equivalent of a family where all arewere
not related by blood, marriage or legal adoption.
C) It shall be presumptive evidence that five (5) or more persons living in a
single dwelling unit who are not related bv blood, marriage or legal adoption
do not constitute the functional equivalent of a traditional familv.
D) Notwithstanding the provisions of this definition, a group of unrelated
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persons numbering more than fourfi.ve shall be considered a "family" upon a
determination by the Zoning Board of Appeals that the group is the
functional equivalent of a family pursuant to the standards enumerated
below. This presumption may be rebutted, and the unrelated individuals may
be considered the functional equivalent of a "family" for the purposes of this
article by the Zoning Board of Appeals if such group of individuals exhibits
one (1) or more characteristics consistent with the purposes of zoning
restrictions in residential districts. In determining whether a group of five or
more than five unrelated persons constitutes a "family" for the purpose of
occupying a dwelling unit, as provided herein, the Zoning Board of Appeals
shall utilize the standards enumerated herein in making said determination.
Before making a determination under this subsection the Zoning Board of
Appeals shall hold a public hearing, after public notice. In determining
whether individuals living together are the functional eQuivalent of a family,
the following criteria shall be considered:In making a determination tho
Zoning Board of ..:^...ppeah:; shall find that:
1) Whether the occupants share the entire dwelling unit or act as separate
boarders.
2) Whether the household has stability akin to a permanent family
structure. The criteria used to determine this test include the following:
a) Length of stay together among the occupants in the current dwelling
unit or other dwelling units.
b) The presence of minor, dependent children regularly residing in
the household.
c) The presence of an individual acting as head of household.
d) Proof of sharing expenses for food. rent or ownership costs.
transportation, insurance. utilities, and other household expenses.
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e) Common ownership of furniture and appliances and the common use of
vehicles among the members of the household.
D Whether the household is a temporarv living arrangement or a
framework for transient living.
g) \Vhether the composition of the household changes from veal' to veal'
or within the vear.
h) Whether each of the occupants uses the address of the dwelling for
their vehicle registration, driver's licenses, passports, bank
accounts, bills. loans, tax returns, and other licenses and permits,
etc.
i) Anv other factor reasonablv related to whether or not the group of
persons is the functional equivalent of a family.
a. The group is one which, in theory, oize, appearance and otructare,
reoembleG a traditional family unit.
b. The brouP is one that \-vill live and cook together aD a cinble
houDekeeping unit.
(' The group io of a permanent nature and iG neither a framevlork for
tranoient or oeasonal livinG" nor merely an aOGociatian or
l'clationohip that io tranoient or oeaoanal in nature. Nothinb herein
ohall preclude the oeaDanal uoe of a dwellinb unit by a G"roup which
other'Nioe meets the otandardo of thio ouboection at ita permanent
reoidence.
E) Any determination under this subsection shall be limited to the status of a
particular group as a "family" and shall not be interpreted as authorizing any
other use, occupancy or activity. In making any such determination, the
Board of ...^..ppealo may impose such conditions and safeguards as the Board ef
5
...\ppcnb shall deem necessary or advisable in order to maintain the stability
and character of the neighborhood and protect the public health, safety and
welfare. '''here the Board determines that individuals living together are not
the functional equivalent of a family such occupants shall be deemed to be
"boarders" and the dwelling shall be deemed to be a "boarding house" as
defined in this Chapter.
F) In no case shall a dwelling be occupied by more than two (2) adults to a
conventional bedroom.
G) Persons occupying group quarters such as a dormitory, fraternity or sorority
house or a seminary shall not be considered a "family."
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LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does
hereby set the 5th day of September, 2012 at 7:00 p.m. at the Town of Poughkeepsie,
Town Hall, One Overocker Road, Poughkeepsie, NY, as and for the time, date and place
of a public hearing to consider an amendment to Chapter 210, of the Town Code, entitled,
"Zoning", regarding amending certain definitions in the Town Zoning Law including
changes to the defmition of "family".
AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local
law is available in full form at the Town Clerk's Office, One Overocker Road,
Poughkeepsie, N.Y. Monday thru Friday between the hours of 8:00 AM-4:00 PM
AND ALSO PLEASE TAKE FURTHER NOTICE. that said local law. if
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does
hereby set the 5th day of September, 2012 at 7:00 p.m. at the Town of Poughkeepsie,
Town Hall, One Overacker Road, Poughkeepsie, NY, as and for the time, date and place
of a public hearing to consider an amendment to Chapter 210, of the Town Code, entitled,
"Zoning", regarding amending certain definitions in the Town Zoning Law including
changes to the definition of "family".
AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local
law is available in full form at the Town Clerk's Office, One Overacker Road,
Poughkeepsie, N.Y. Monday thru Friday between the hours of 8:00 AM-4:00 PM
AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if
adopted, shall take effect immediately upon filing with the Secretary of State.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
August 10,2012