2012-10-03
crown of Poug Ii~epsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
September 20th, 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, October 3rd, 2012 at 7:00
p.m. regarding amending certain definitions in the Town Zoning Law, specifically Article II, 9210-9,
regarding changes to the definition of "family" as previous public hearings where closed and the Town
Board received new communication from the Director of Municipal Development.
Please find copies of Resolution 9: 19-#1 of2012 and also the Public Hearing notice for your review and
recommendation.
S~~wz~
rRl~(C~G~~li5)
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
SEP 2 4 10'2
TOWN OF WAPPINGER
TOWN CLERK
RESOLUTION 9:19 - #1 OF 2012
WHEREAS, the Town Board ofthe Town of Poughkeepsie, pursuant to public
hearing held on the 12th day of September, 2012 at 7:00 p.m. at the Town Hall, Town of
Poughkeepsie, One Overocker Road, Poughkeepsie, NY, to consider a recommendation
to amend Chapter 210 of the Town Code, entitled "Zoning", specifically Article II, S
210-9, "Definitions", and does hereby close that public hearing, take no action on said
amendments; and
WHEREAS, the Town Board has received a new communication from the
Director of Municipal Development recommending the amendment of Chapter 210-9 of
the Zoning Law in regard to Definitions; 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 amendment of Chapter 210-9 requires 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 October 3, 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; and
5. The Town Board directs the Town Clerk to notify the Town Clerks of each of the
surrounding municipalities ofthe public hearing pursuant to GML 239-nn; and
6. That said local law, if adopted, shall take effect immediately upon filing with the
Secretary of State.
Dated: .~~9- \lAOlY\\JJffl) l3r2ClI~.
~ ~.~
Moved: . a
S=ndoo ,t!. ~ I j
Ayes 1 Nays 0
JEN/meh
t-9/14/2012
m-9/1912012
AYE
NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
G :\mllegal\r\20] 2\sept\9-19tbmtg\family-re-setpublichearing.doc
2
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:
FAMILY - As used herein shall mean:
10 Any number of persons occupying a single fiEH'tprof-it-dweUing unit, related by blood, marriage
or legal adoption, living and cooking together as a single housekeeping unit.
B) Any number of persons occupying a single nonprofit dwelling unit, not exceeding five adults
living and cooking together as a single housekeeping unit as tbe functional elluivalent of a
family where all al'e"";-e-l'E~ not related by blood, marriage or legal adoption.
C) Lt...."'.]}::l LL J,.s, ..1)J'C:~ llnlIL.tiys~.<;::yi d Cb"L(LJlllliD1nbJL LO a 1 Lfi v(~-.L2Ll2i:'I!i9n 8 Ii ving' 1Jl cL8nm d w e 11in g
\\lllt .\\b()_.;~I('llQ.LI.da te~L.hy'b 12.Q.d.~lJ1iTi a gf.ilL h'g a I Hc-J..QQ!i c 11 slo TIC! t c'2I:L~:tit!ol t to tllf:011l.1CtiQJliU
ECQLJi Y0k.nL l!.fJllr.:1(liusnxalJmnil.L
D) Notwithstanding the provisions of this definition, a group of unrelated persons numbering
more than five 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 eB~+-e-l"-ffifJ:K"-characteristics
consistent with the purposes of zoning restrictions in residential districts. In determining
whether a group of 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 c1etermininl! whether individuals living to~:ether are the hmctional equivalent of a
familv. the following criteria shall be considerecLI-B-rn-a-ki.'B.g-a--El-et-Bi'ffi-iHe.-tiBB.--t:B~'lBi-Hg
:ge-a-l~-e.f:.Ai:tpealB-&:t3 :11 1 fi a d-t.fl.a.t:
1) Wbetlwr the occupants share the entire dwelling' unit or act as separate boarders.
2) \\'1,(.) her Ok household has stalnJitv :'lbn to a permanent family structure. The criteria
[Iceel to detcormin<:-: this test include the fo]Jowing:
a) I.kDCih of.:itcw 1.~)g'etllt'r among the Of-cup:'mts ill the current chvelhng unit or other
1
d\velling units.
b) ,[b~:esence of miJ.1l11'. deQellClenichildren regularly re~iJ;ling in t.he housebQlcL
c) Tbe presence of an indiviclual acting as he~'\d ofhonsebolcl.
d) J)]J)()L-'21'_,:::.hnl.'in~_~';_jJel1?~B..lc!.:Lfood. refIt O1~YJwr~hi.p costs. tl'ansiJortation.
i.n,::llGll1QL__illilitLE>f',illlcU!t h c:I b 0 l~f:.cllQkL~!. ens e so,
e) _COm.ll:u2D-.Q\,\,nerfihilLJ!Lfurnitul'e and apl!.Jian~s Cind th~ common use of vehicles
among- the lllen1 bel'S of tbe household.
f) Whet.her the household is a t.emporary living arrangement or a frameworkfo.r
transient bving.
g) SUl.(~th<?r the.colP-.lxJsjJioll_of the household changes from veal' to Yem' or witbirLth~
IT1J.I."-
h)
(:L\_(lL\lfJll(,\i(:l;!Ol[J;JDJ2_\1,~~L.b~; addj'~:i of Jbi'_clw c:lling fOl;.JJlel1' y_ehid_~
]'1,g1;.:t LiJ il)lJ~si!'b;tJ ::"J112(' lJc~_tj~l!_:i:iFJ! QY t8,_ h:1 n k 'K(:i-Ll1Dl,':', 11 111G'_,J9..i1 n ,s.,_t.d~..l:e t 1JXDi'.
nnd_iJth e Clic2'~l se "'-_~_ndJ2f~ r m i t.?~_jJG
i) An\' other factor l'easonablv related to whether or nor the grOll]) of j)ersons is the
functional equivalent of a family.
D-).-::r2.he---;sreB:l+-iB-EH'le--'N-l'tte.J=t;--i-n~t,]'tt'-B-l':V~:z-e-;-Hft--1-ef\ffilli."'-"--aB-a---st,FBC4tH'€,--i'€-8€-ffl-AteB-ft--t-nHB-t,l(-)HBd
+aB+tJ-v-tt+H-'t-c
EY . .'-1: h.::;--gruHV -j;,; -'j)'1(c-tl+a H,:..i-ll_liv-e-_HH(1---BHH].;-tBg't:'-f.he-l'--R-s--a-s-i-n-gte-h(0l-l:-S8i-e-eyi-B-g-H-R-t-i"
F)__1'.J1(~_gr{-)H-P-+S+-f-H--J.3€-HH-BilPB-t--l.HB.+Fe---i+H-Ei----ts--r'1€-ifJ:re.i~:R;-e-WBlC~tt-'&B-8-iei':l:-t--Gl:'--:3-E'B-SfH1-a+
It_v+Hg----H{,H'--'..:B-8:i"e-l-y---a-H--t:lBSf*-offi-t,i:HB-er--F-E'ffit.'te-J.'l-s+1-ip--ffia t i:: tffi'lw-K.-'-H-t-fl r ::' c: a [1 0 H-aJ--:i-n--twt-B:l:'0~
NCithiq;' herein Gh~:.ll prccLac tllC ::-cc.~'oG~ll ,-1,::e of~:. d'?:c1Jiab' ,-u:it by 11 p>o:.:p ',>,'hich cthcl'wi~C'
meet.:: ~hc: ~:L:"1darcL of thi ~:u';:.~'cctio;r ~1"''; it,: pc-ID:1ncnt rc:~::idencc,
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 Appeals may impose such conditions and
safeguards as the Board of Appeals shall deem necessary or advisable in order to maintain
the stability and character of the neighborhood and protect the public health, safety and
2
welfare.
F) In no case shall a dwelling be occupied by more than two (2) adults to a conventional
bedroom.
G) Persons occupymg group quarters such as a dormitory, fraternity or sorority house or a
seminary shall not be considered a "family."
3
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 3rd day of October, 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,
specifically Article II, ~21 0-9, "Definitions", regarding "families" as the Town Board has
received new communication from the Director of Municipal Development.
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 of8:00 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
September 20th, 2012