2012-09-05 (2)
. .
crown of Poug likgepsie
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 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, September 5th, 2012 at
7:00 p.m. regarding an amendment to Chapter 210, "Zoning" to add a new section to create a Waterfront
Housing Overlay District that would allow O'Neill- Dutton to make application for Overlay District and
site Plan approvals for an 84 unit residential project. .
Please find copies of Resolution 8:8-#3 of2012 and also the Public Hearing notice for your review and
reconunendation.
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Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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. TOWN OF Vv APPINGER
TOWN CLERK
. .
RESOLUTION 8:8 - #3 of 2012
Town of Poughkeepsie Town Board
Amendment to Chapter 210
WHEREAS, the Town Board has received an application from The O'Neill
Group-Dutton LLC ("O'Neill-Dutton) requesting amendment of the Town zoning
law to add a new section to create a Waterfront Housing Overlay District that
would allow O'Neill-Dutton to make application for Overlay District and Site Plan
approvals for an 84 unit residential project on a :f:3.65 acre parcel of land identified
as parcel number 6062-02-763508; and
WHEREAS, a copy of the proposed amendments to 9210 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 a Type I Action under the
New York State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, the amendment is 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.
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: QH~ ,(,oj: 01:~ ~ Ql~
Moved By: \:)t~ 0 A(\~ I e1\y\hJ
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Seconded By: ,W!J{\ fAO/.oJ:.-tV\J
Ayes 1- Nays 0
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t-8/3/2012
m-8/8/2012
G:\mllegal\r \2012\a ug\S-Stbmtg\ WBOD _Amendment Resolution OSOS12.doc
AYE
NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
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WATERFRONT HOUSING OVERLAY DISTRICT
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows:
1. Article IV of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled
"Residence District Regulations" is hereby amended as follows:
S210-21A Waterfront Housing Overlay District (WHOD)
A) District Purpose: This overlay district is to encourage the provision of mixed
uses along the Hudson River waterfront of the Town of Poughkeepsie by
allowing residential development in addition to uses otherwise allowed in the
Waterfront 2 District. A Waterfront Housing Overlay District designation
may be permitted, at the sole discretion of the Town Board, as a Zoning Map
amendment subject to such additional terms and conditions as the Town
Board may require, at locations in proximity to the Hudson River waterfront
which meet the General Requirements and Design Criteria set forth herein.
B) General Requirements. An application for a Waterfront Housing Overlay
District designation shall be subject to the following General Requirements:
1) Location. A Waterfront Housing Overlay District shall only be permitted as
an Overlay District for property located within the Waterfront 2 District.
2) Minimum land area. The minimum site area shall contain at least three (3)
contiguous acres of land.
3) Utilities. The site must be served by municipal sewage disposal and water
supply facilities. All utilities, including electric and communication lines,
shall be installed underground.
4) Approvals. The development of any residential project is subject to site plan
and/or subdivision approval from the Planning Board after Town Board
approval of the Waterfront Housing Overlay District.
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5) Mandatory agreement. The Town Board shall require as a condition of any
WHOD approval an agreement between the applicant/owner and the Town
that provides that in the event any part of the approved development is
accorded a real property tax exemption by virtue of the participation of an
industrial development agency or other agency or entity permitted to receive
such exemption, or the property is owned and/or operated by a not-for-profit
entity, the owner of the lot or part of the project benefited by such tax
exemption shall make annual payments in lieu of taxes to the Town equal to
the amount of the value of the taxes which would otherwise be assessed and
collected by the Town absent such exemption, said agreement to be approved
by the Town Board.
C) Design Criteria. The following design criteria shall apply to any development
within the Waterfront Housing Overlay District:
1) Minimum Yards. In lieu of required minimum yards, the front, side and rear
yards shall be determined by the Planning Board during project review based
upon the Planning Board's determination as to the proper functioning of the
proposed site plan.
2) Maximum Lot Coverage. Maximum lot coverage for buildings only shall not
exceed seventy (70) percent.
3) Maximum Impervious Surface. Maximum impervious surface shall not
exceed eighty (80) percent.
4) Maximum Building Height. The maximum building height shall not exceed
forty (40) feet or three (3) stories.
5) Maximum Density. The maximum density shall be twenty-eight (28) dwelling
units per gross lot acre.
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6) Parking. Minimum parking shall be provided at a ratio of 2.2 spaces per
dwelling unit.
7) Landscaping. Not less than ten (10) percent of the total gross lot area shall
be landscaped in accordance with ~210-80.
8) Sidewalks Where required sidewalks shall be 6 feet wide and provide
circulation between principal structures and accessory uses and adjacent
properties as deemed appropriate by the Planning Board.
9) Lighting. Lighting shall be in accordance with ~212-81 and the standards for
residential district lighting in ~210-81(E).
10)Signage. Signs shall be in accordance with ~210-124.
II)Architectural Consistency. All principal buildings shall be architecturally
designed to be consistent with the Town of Poughkeepsie guidelines to the
maximum extent feasible. Compliance with all architectural standards shall
be subject to Planning Board review and approval in accordance with ~210-
152(A)(10).
12)Waiver. The minimum requirements of any design criterion listed above may
be reduced or waived at the sole discretion of the Town Board based on its
review of the application for a Waterfront Housing Overlay District.
D) Procedure. The review and approval of an application for a Waterfront Housing
Overlay District designation shall be as follows:
1) Town Board Review. An application for a Waterfront Housing Overlay
District designation shall be submitted to the Town Board. Upon receipt of an
application, the Town Board shall notify the applicant of the place, date, and
time of the meeting at which the application is to be considered, and shall
refer the application to the Planning Board for review and recommendation.
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The applicant or the applicant's representatives shall be present at meetings
of the Town Board at which the application is to be considered.
2) Planning Board review. Within sixty-two (62) days of receipt of the
application from the Town Board the Planning Board shall make a
recommendation to the Town Board as to whether, in the opinion of the
Planning Board, the application supports a Waterfront Housing Overlay
District designation. The applicant or the applicant's representatives shall be
present at the meetings of the Planning Board at which the application is to
be considered. Failure of the Planning Board to provide a recommendation
within the specified time shall be deemed a recommendation to approve the
application.
3) SEQRA review. No application for a Waterfront Housing Overlay District
designation shall be complete until a lead agency is established, and a
Negative Declaration has been issued or a Draft Environmental Impact
Statement as been accepted as complete by the lead agency as satisfactory
with respect to scope, content and adequacy.
4) Town Board action. Within sixty-two (62) days of receipt of a complete
application, the Town Board shall hold a public hearing on the application for
a Waterfront Housing Overlay District designation. Notice of the public
hearing shall be published in the official newspaper at least ten (10) days
prior to the date set for the public hearing. A public hearing on the
application shall also be coordinated with any public hearing on a Draft
Environmental Impact Statement. The Town Board may provide that the
hearing be further advertised in such manner as it deems most appropriate
for full public consideration of the application, including the prominent
placement of one or more signs on the premises that is the subject of the
application notifying interested persons that an application for a \Vaterfront
Housing Overlay District designation is under consideration by the Board. All
notices shall include the name of the application, the location of the site
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requested for designation, and the date, place, time and subject of the public
hearing at which the application will be reviewed. Such notice shall not be
required for adjourned dates. Within sixty-two (62) days of the close of the
public hearing the Town Board shall act to approve or disapprove the request
for a Waterfront Housing Overlay District designation. The time within
which the Board must render its decision may be extended for such
additional time as the Board may deem reasonable or necessary to render a
decision. The failure of the Board to take action within 62 days of the close of
the public hearing, or within such additional time period as may be agreed to
or established by the Board shall not result, and shall not be construed to
result, in a default approval of the application. The Board may, if it feels
necessary to fully protect the public health, safety and welfare of the
community, attach to the designation any reasonable conditions or
requirements for the applicant to meet. The decision of the Board shall be
filed in the office of the Town Clerk within five (5) business days of the date
such decision is rendered and a copy thereof shall be mailed to the applicant.
5) Site plan approval. Site Plan review and approval by the Planning Board as
provided in Article XIII of this Chapter shall be required prior to
commencement of any site work or the issuance of a building permit.
Changes to a previously approved site plan shall also require site plan
approval.
6) Subdivision approval. If the development proposal involves the subdivision of
land as defined in this Chapter and Chapter 177, then subdivision approval
pursuant to Chapter 177 shall be required prior to commencement of any site
work or the issuance of a building permit. Changes to a previously approved
subdivision plat shall also require re-subdivision approval. A WHOD project
may be subdivided into two or more parcels, provided that a reciprocal
easement agreement approved by the Planning Board as part of the site plan
approval process is executed and recorded requiring that such subdivided
parcels, for so long as the WHOD project exists, function as one integrated
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parcel for ingress and egress, parking, internal circulation, water serVIce,
drainage, sanitary sewage disposal, and storm sewers.
7) Conformity with district designation required. The Planning Board shall not
approve any site plan and/or subdivision that is not in substantial
conformance with the Waterfront Housing Overlay District designation
granted by the Town Board or with any conditions impose upon such
designation.
E) Time Limits. If construction work on the proposed Planned Residential
development is not commenced within the later of three (3) years from the date
of the Town Board approval of the Waterfront Housing Overlay District or
within three (3) years from the date of Planning Board site plan and/or
subdivision approvals, and completed within three (3) years of the date of such
commencement, then the WHOD designation shall be null and void and all
rights and approvals and permits therein shall terminate unless the Town
Board, for good cause, authorizes an extension of the overlay district approval.
For purposes of this section the commencement of construction shall be
measured from the date a Building Permit is issued by the Town of
Poughkeepsie. Additionally, and for purposes of this section, the completion of
construction shall be the date on which a Certificate of Occupancy is issued by
the Town of Poughkeepsie.
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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 the Town Zoning Law, Chapter 210,
entitled "Zoning", to add a new section to create a Waterfront Housing Overlay District
that would allow O'Neill- Dutton to make application for Overlay District and site Plan
approvals for an 84 unit residential project.
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, NY, 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 1. Miller, Town Clerk
Town of Poughkeepsie
August 10,2012