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2012-10-24 crown of Poug likfepsie SUSAN J. MILLER ONEOVEROCKERROAD POUGHKEEPSIE. NY 12603 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 OFFICE OF TOWN CLERK PHONE: (845)485-3620 FAX.: (845)485-8583 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 24th, 2012 at 7:00 p.m. as and for the time, date and place of a public hearing to consider amendments to Chapter 210, entitled "Zoning", of the Town Code, regarding amending certain regulations pertaining to freestanding Signs. Please find copies of Resolution 9: 19-#5 of20l2 and also the Public Hearing notice for your review and recommendation. Sincerely, ~ ~Qjl~ Felicia Salvatore Deputy Town Clerk Town of Poughkeepsie ~~~~U"W~\Q) SEP ~ 4 20\'l. TOWN OF WAPPINGER TO\Nt.iQ.EJ-K ---.,._-~...~.,......,.- """" RESOLUTION 9:19 - # ~ 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 regulations pertaining to freestanding signs in the Town zoning law; and WHEREAS, a copy of the proposed amendments to S2l0 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 October 24,2012, at 7:00 PM, or as soon thereafter as the matter may come to be heard, in the Town Hall, One Overacker 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 of the public hearing pursuant to GML 239-nn; and 1 ""'" 6. That said local law, if adopted, shall take effect immediately upon filing with the Secretary of State. Seconded: Ayes NW/meh t-9/14/2012 m-9/19/20 12 G :\mllegal\r\20 12\sept\9-19tbmtg\Sign Amendment Resolution 09l912.doc AYE NAY Councilman Baisley Councilman Eagleton Councilman Conte Lo...'o seNd\ ') Councilman Cifone Councilman Krakower Councilwoman Shershin Supervisor Tancredi 2 LEGAL NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie does hereby set the 24th day of October, 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 amendments to Chapter 210, entitled "Zoning", of the Town Code, regarding amending certain regulations pertaining to freestanding signs. AND ALSO PLEASE T AKE 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 adopted, shall take effect immediately upon filing with the Secretary of State. Susan J. Miller, Town Clerk Town of Poughkeepsie September 20th, 2012 BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows: 1. Article IX ofthe Town of Poughkeepsie Zoning Code is hereby amended as follows: ~ 210-126. A) Signs permitted in B- N, B- NH, IN, and ROMNSC districts. Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. B) Freestanding sign. One freestanding sign with an area not to exceed 50 square feet at eHch drive~vay entr:anc:e gL:1 sit~tn-a1.'€-a is allowed-ptcHB-t. The base of any such freestanding sign shall be mounted within a landscaped monument of stone. brick or other natural material as ap:roved b: the Plannin~ Board.If there are t'NO or more businesses on a lot, each b....lOinooo m~y oho..re c.n equal port'on of the allowed sign or Gome other portion thereof ao aEov.'ed by the owner of the premisee. C) Signs attached to buildings. Gtre-sig~ffi::tB&-eH-ei'-'MH-*B{l-*at-agH.ffiBH~'Bftt-ffi~aHY oocjJ(J~+}~ilil_.oot....e:.'ffieeEl---aJi-B::r("-8-f).E-;?~t-Elf-t~e-fitl~--the-lmt-kk-B.g--HF-tEH:i--m-B*inr11Bi---&i.gH ~:-GO .~qcwrc feet. 0.J.la site one wall Ei.Lf2J1 for each wall of a business facing a lJUblic road shall bLPE'I'mittecl equal to an area of 25'Yo of the face of the building UP to a maximum of 50 SCl}]EUJiJtfl": D) Signs where parking is provided primarily to rear of buildings. 1) Where no parking areas are to be provided in the front of the principal building and most parking spaces are visually shielded from the road to the rear of the principal building, one additional wall sign shall be permitted, provided that such sign does not exceed 25 square feet and is placed on the wall of the building facing the principal parking area. :2t\ sign l~cna~' d:HHl__ko....a;oai1ae.te-w-ft.e.re+Rei~-s-B.+-f'l€-t1H--frcc~:tanding .3ign. In :::......tEt-E\-eaB€-fh€ &i-g'H_l*'i'm_itte4_i:H-tl:Jis-&\:ltH"etti:t}H-:lD-ay-be--a-Bla~1'E:Hffi-Hf--2,;"-Stt':nH'e-feet~ E) Where tf-two or more businesses slWl'e a covered waJkwavfl+Pi€-a-€fH'16fry' along the face of the building, each business shall bets permitted one sign with a maximum area of two square feet. This sign shall hang under the canopy, perpendicular to the face of the building. 2. Article IX, Section 210-127 ofthe Town of Poughkeepsie Zoning Code is hereby amended as follows: ~ 210-127. Signs permitted in B-H, SHC, and Fe districts. A) Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. B) Freestanding signs. One freestanding sign with an area not to exceed 50 square feet at each driveway entrance of a site is allowed. The base of any such freestanding sign shall be 3 mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board. C) Signs attached to buildings. w:he.re-thcrc i,: Gf-le-llU8-B:€-SB--f}B-B.-:[{l-t",ffiH7-f'ign-i*i'--lBt-rH:t-in.t,e-€l-eB or affixed flat D.g-o.in.::t tlYe-frEffit of any hBilding w.ffi4-.BJM+1-B:et-e*E'e€-El-art-H:Pei.1--B-~5% of the face of the b-HHding, up to (l ffif\-Bm-l:tffl--&igB~aH:,--fcct ii~ ~1U.9-\,,'€-d, Wherc-t:fl:e'F-€ arc tlvo or more buoinecoec pCI' 10t,;i!Q, each bu.::ineoc ~:ho.-l.f--.Be-l~crmitted one--w-a-lt--sigiT-lwf €'-K-€€ccling- ~ '1 GQ4.-ta-i'€--:fee-t Ol' the let m:~y heye on&-\\,;,111 CiG'H-BB~~ee4-l-G-C+-&r:tHarc feet. On a sire one \vall sign for each w~Jll of a husiness facing..JLl2],lblic road shall be nermitted equal to an area 0(2-5_% of the face onIle building.1ill...1Q--.a ill aximum of'J.DD-,:iluare feet. D) Signs where parking is provided primarily to rear of buildings. 1) Where no parking areas are to be provided in the front of the principal building and most parking spaces are visually shielded from the road to the rear of principal buildings, one additional wall sign shall be permitted, provided that such sign does not exceed 50 square feet and is placed on the wall of the building facing the principal parking area. 2) A sign bonus shall be available where there is to be no freestanding sign. In such case, the sign permitted in this subsection may be a maximum of 100 square feet. E)\Vhcl'c there io more than one bu~'ine~:G pel' lot. e~lch. bcoine.:;::: c4.a.l+-b€--pe:l."ffi-i#ee--E~ <:i;.;n in a€e&M:a nee v:-i th thi.:: :cub.:: e cti 0 n~tteh-~fla.JJ...-nB~-eeB.-12-s{tHa-l."€-fe€-t7~-I'ffive,v-€-f-,--w+w-l."€ tJrc4'{.:;-tB--t-B_he-+le_f:l'f'€Bffi'fltliR-g-sig-B:;-ea,*r.hB:BtJ=tf'ss-&l'l:fl~J-b,Ldle\v-(~El-t:B-j.H&l:'e*l.se--tJl-(.,..-Sft-u-a-l'e fo 0 ta;c ef.+}.]{, . i ::; R_Fe'BH-i-t+e-{+ffi-4d=tiB--S+H=Bet-FifH't--t'B-R-'ft-l'H:."iR:1-H+Jl-Gf':"'f,G-sf1*H:rre-f-e~ 3. Article IX, Section 210"129 ofthe Town of Poughkeepsie Zoning Code is hereby amended as follows: 9 210-129. A) Signs permitted in Q-R, I-H, I-L, and Q districts. Signs shall be designed in accordance with an overall comprehensive signage plan in which the size, materials, and color of wall mounted signage shall be appropriate to the dimensions and architectural appearance of the building to which it is affixed, or in the case of freestanding signs, associated with. For multiple tenants signage shall be presented as a unified plan that is integrated into the overall building design, color, scale, massing, as shall also be integrated with the site landscaping. B) Freestanding signs. One freestanding sign with an area not to exceed 50 square feet at each dr.i'{t.,,\'n..Y..E'niEl..nCe_ill~sitei-B-aF-eH- is allowed-pt?-Ic.J.et. The base of any such freestanding sign shall be mounted within a landscaped monument of stone, brick or other natural material as approved by the Planning Board. C) Signs attached to buildings. ~There._thBf0_is_-0:He_husi-HeB8-(cH1-f1...,l-Elt",Hl'l:C'--8ig+r-pff-let--p.a.iH.t,e-4-e-R or diixcd [ht :\(;C1in.:t the front of any buildin::; ',';hieh ~'hDll not C:B~1 :'.::.'('0. of ~5':;, of the fa{-R-{.t{'.tlcIP.:e'l-li J(J~Bg",-'H:p-..j*)--a"'-ffI:.(B(..i.nHHIJ----stg'H-s-jc.6e-+}f--l.(lG,-sflml1'e--feet--i.-s--al~-f.! ,,~"€tl.",-ViI}+el'e--tJJe,l'e H:R.:L.-twe--HI'--l'He;'c. bH-SiH-&S st?-s-_"!:l-E'I'"-.1,,}ts+te-;-e-ae-l=t-.hti-illcfl:E'ss-&!=t.a-I.!-.jc1c'--P€lTH-t-HM-{H'l€--lffilJ-Bi-gFH'l:\.+t €'*eccchng ~j.square feet or the lot m~l~+B-e-\H+-l-1--&i-gR-Ret-k+-e",~e4-l-Q~-re-i~On a site one wall sign for eHch wall of a business facing a public road shall be permitted equal to an area of 25% of the face of the building' 1..1.12 to a maximum of 100 square feet. D) Signs where parking is provided primarily to rear of buildings. 1) Vlhere no parking areas are to be provided in the front of the principal building and most parking spaces are visually shielded from the road to the rear of principal buildings, one additional wall sign shall be permitted, provided that such sign does not exceed 50 4 square feet and is placed on the wall of the building facing the principal parking area. 2) A sign bonus shall be available where there is to be no freestanding sign. In such case the sign permitted in this subsection may be a maximum of 100 square feet. 3),.".Thcrc there ic more than one bu:inc;::'2 per lo~, each bGciw~+J~'Fmitted CHt'-Bl-gIt-m Bto€B-F€.-aw"e-W+t,Jr-tffi&-8'\oH:-~i{'1~H€fl ['i;;n : It--a-JJ----Fw-t-f'*eeea-1-2----8Ej'Ha--re---fee-t:c-JkJ-\\'-evt'-Fc Wcl'l-€'-Ff:'-----tJtere---:i-s-t4-he_H-e_ftoe-e&farrffi--1-1-g-&i-g+l-;~-a€cR---bHBilwB-S----sh--a--ll---B-e-----a--l8-w--e-9.-+(+---iH€t.e-a-se-td:re ::q'clQre footo.;;e of the oign permitted in :1110 C''c~b::ection to Q lll-fBfHH--B-ff\ of:2 j sqcwrc 1&+ 5 14-16-4 (11/9S)-Text 12 617.20 SEQR Appendix C State Environmental Quality Review Act SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by 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 Poughkeepsie 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 0 EXDansion . Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Town Board action to amend Chapter 210, Article IX ofthe Town Code to amend the regulations pertaining to freestanding signs and wall signs_ 7. AMOUNT OF LAND AFFECTED: Initially Town-Wide Ultimately Town-Wide 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? . Yes 0 No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROEJCT? . Residential . Industrial . Commercial . Agriculture Describe . Park/Forest/Open Space . Other 10. DOES ACTiON INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY, 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, lisl 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: /0 u..)..... o~. /0 ~ J.-.. JC"'"- ,,/,s; ~~ ;-;;pj~'"7 4C'~ Date: ~.3./ / L ~- <~ ~ Signatur..e,o/ ~~~L/~ -z::.---- --- ( PART II_ENVIRONMENTAL ASSESSMENT To be comoleted bv Agency; A. DO ES 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? If No, 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 freestanding signs and wall signs. 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 freestanding signs and wall signs. G. 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 sign. C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. The action is a local code amendment to make technical corrections to the Town's sign regulations. cs. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. None identified. C5. Long term, short term, cumulative, or other effects not identified in Cr-05? Explain briefly. None identified. 0. 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? D Yes . No If Yes. explain briefly: PART Ill-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 (aJ setting G.e. urban or rura)); (b) probability of occurring; (0) duration; (dJ 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 n of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental cbaracteris.tics 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 andlor 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: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsihle Officer in Lead Agency Signature of Preparer (If dill'erent from responsible officer nate