2012-12-19
rrown of (Poug IikJepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSI E, NY 12603
NovemberlSth,2012
OFFICE OF TOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
Dutchess County Dept. of Planning
Dutchess County Legislature c/
Town Planning Board
Town Zoning Board
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, December 19th,
2012 at 7:00 p.m. 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", specifically the addition of Section 210-21A,
"Waterfront Housing Overlay District (WHOD)". The former public hearing on this issue held on October
3rd, 2012 was closed, with no action taken.
Please fmd copies of Resolution 11:14- #16 of2012 and also the Public Hearing notice for your review and
recommendation.
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Felicia Salvatore .
Deputy Town Clerk
Town of Poughkeepsie
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RESOLUTION 11:14 - # J b OF 2012
WHEREAS, the Town Board of the Town of Poughkeepsie, pursuant to public
hearing held on the3rd day of October, 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 the addition of
Section 210-21A, "Waterfront Housing Overlay District (WHOD)", 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 of the
Zoning Law in regard to the addition of Section 210-21A, Waterfront Housing Overlay
District; 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 addition of Chapter 210-21A 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 December 19, 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 of the 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.
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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 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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November 14., 2012
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 ofrequired 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. For projects that incorporate parking spaces within the ground floor or sub-
floor area of any dwelling unit, the height limitation may be increased by 15 feet or 1 story.
5) Maximum Density. The maximum density shall be twenty-eight (28) dwelling units per gross
lot acre as determined by the Town Board.
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November 14, 2012
6) Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or
such other ratio as may be approved by the Town Board. Parking for any nonresidential
portion of any development shall be established by the Planning Board pursuant to ~210-92
of the Town Code.
7) Public waterfront access. The project shall provide for public access to the Hudson River
waterfront and, where applicable, to the waterfront of tributaries to the Hudson River. The
adequacy and sufficiency of such public access, including provisions for seating, landscaping,
and other amenities, shall be as determined by the Town Board.
8) Landscaping. Not less than ten (10) percent of the total gross lot area shall be landscaped in
accordance with S210-S0.
9) 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.
10) Lighting. Lighting shall be in accordance with ~212-S1 and the standards for residential
district lighting in S21O-S1(E).
ll) Signage. Signs shall be in accordance with S21O-124.
12) 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 S210-152W(1O).
13) Waiver. The minimum requirements of any design criterion listed above may be reduced or
waived at the sole discretion ofthe Town Board based on its review of the application for a
Waterfront Housing Overlay District.
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November 14, 2012
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. 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 Waterfront Housing
Overlay District designation is under consideration by the Board. All notices shall include
the name of the application, the location of the site 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
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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 esta.blished by the Board shan not result, a.nd shan not bec6nstTued 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 shan 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 shan 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 shan 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 shan 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 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 shan 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
Watemont 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 shan be null and void and an rights and approvals
and permits therein shall terminate uriless the Town Board, for good cause, authorizes an
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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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November 14, 2012
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 19th day of December, 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 ofapublichearingtocoIlsider an amendInent to the Town Zoning Law,
Chapter 210, entitled "Zoning", to add a new section, 21O-21A, "Waterfront Housing
Overlay District (WHOD)"
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
November lSt\ 2012