2013-01-16Town of ~1'oughkeepsie
SUSAN J. MILLER
ONE OVEROCKER ROAD
POUGHKEEPSIE, NY 12603
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OFFICEOFTOWNCLERK
PHONE: (845)485-3620
FAX: (845)485-8583
.December 4, 2012
Dutchess County Dept. of Planning
Dutchess County Legislature
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 of Wappingers Falls
Town Clerk, Town of Marlborough
Town Clerk, Town of Lloyd
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General.lVlunicipal Law that the
Town Board, Town of Poughkeepsie does hereby set a public hearing on Wednesday, January 16th, 2013
at 7:00 p.m. as and for the time; date and place of a public hearing to consider amendments to Chapter 210
of the Town Code, entitled "Zoning", specifically Article II, Section 210-9, "Definitions", and Article VI,
Section 210-37, "Office Research(O-R) District", and Article VIII, Section 210-63A, "Supplementary
Regulation".
Please find copies of Resolution 11:28- #1 of 2012 and also the Public Hearing notice for your review and
recommendation.
Sincerely, '
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Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
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DEC 05 X012
TOWN U VvA~~INOER
T01~~~~ CLERK
RESOLUTION 11:28 - # ~ of 2012
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development recommending amendments to Chapter 210, "Zoning", specifically
Article II, Section 210-9, "Definitions", and Article VI, Section 210-37, "Office Research (O-R)
District", and Article VIII, "Supplementary Regulations"; 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 Town Board has determined that the proposed amendments must be
referred to the Dutchess County Department of Planning and Economic Development and to the
Town Planning Board for review and recommendation; and
WHEREAS, the amendment requires a public hearing.
NOW, THEREFORE BE IT RESOLVED THAT:
1. 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
2. The Town Board hereby sets a public hearing on the proposed amendments for January
16, 2013, 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
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: ~'`~,c~r~rrn~~ l r~, ~.~ ~, U i
6
Moved: ~~
Seconded:
Ayes _~ Nays
JEN/meh ~~~~~,~
t-11 /20/2012
m-11 /28/2012
G:\mllegal\r\2012\nov\11-28tbmtg\Resolution for Office Research District Amendment 112812 (3).doc
AYE NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone.
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
2
r--_--- Formatted:leR,SpaceAfter. 10
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as followa~ pt, une spacing: Multiple 1.15 Ii,
Widow/Orphan control, Font
Alignment: Auto
1. Article II of Chapter 210 of the Town of Poughkeepsie Zoning Code is hereby amended as follows
Add the following new definitions=
§ 210-9. Definitions.
CONTRACTOR A person or firm engaged in a trade or practice as a business for the nuraose of
providing electrical plumbing excavation general residential or commercial construction
CONTRACTOR'S OFFICE A structure used by a person or firm engaged in a trade or practice as a
business for the guroose of providing electrical ulumbine excavation and general residential or
commercial construction services performed at off-aite locations.
2. Article VI, Chapter 210 of the Town of Poughkeepsie Zoning Code is hereby amended as follows
Add the following new uses
§ 210-37. Office Research (O-Ra District.
C) Special permitted uses shall be as follawa (Note "*" designates a use which is also subject to
site plan approval by the Planning Board
1) *Communication towers and radio stations, subject to §210.65.
2) *Contractor's equipment storage' contractor's yard. aubiect to &210.63A.
3) *Daycare center, subject to §210-65.
D) Accessory uses shall be as follows (Note "*" designates a use which is subject to site plan .
approval by the Planning Board
1) *Accessory buildings and structures, subject to §210-48.
2) *Bus passenger shelter.
3) *C~ontractor's office.
4) *Garage, commercial.
6) *Parking lots.
6) Temporary buildings for construction purposes, subject to §210-109.
3. Article VIII, Chapter 210 of the Town of Poughkeepsie Zoning Code is hereby amended as
follows
1
Add the following new section
§ 210 63A. Contractor's o ce> contracto~'e equipment storage/contractor a vard•
A) In addition to the special use Hermit standards of &210-149 all contractor's office and
contractor s equipment storage/contractor' a ~ » ~~+ the followme standarda•
1) r set aside for the outdoor storage of vehicles and materigln shall not exceed 30% of
the total lot area No material storage ++ile s all exceed a height of ten (10) feet. The
Planning Board may require that stored vehicles and material be located within
buildingb or sheds Outdoor storage shall he limited to those specific locations approved
by the Planning Board.
2) Outdoor areas designated for vehicle or material atoraee shall be screened by an onaaue
sc en (fence vegetation wall or berm) alone the entire perimeter of the outdoor atoraee
area(s) and shall be of sufficient height to completely screen all velvcles and niatenals.
The Planning Board is expreaaly authorized to modify any fence or vegetation height
restriction set forth in &210-69 in ord reto achieve the required sereenmg
3) Prohibited activities' Garbage or waste transfer stations> mininE rock/stone/concrete
crushing, the storage processing or handling of contaminated materials waste materials
as defined in 6 NYCRR Fart 360 or hazardous materials as defined m 6 NI'CRR Part
371, the atoraee of buses trucks or vehicles not used as Hart of an annroved contractor
office business In addition the atoraee processing or handhng of petroleum products
shall be nrolubited except for heating fuel for use on-site Nothme contained herein shall
prohibit the processing and crushing of rock stone or concrete on the site of any
RP roved subdivision andlor site plan where such processed material will be used on site
for the construction of approved improvements.
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
~:~ does hereby set the 16th day of January, 2013 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 of the Town Code, entitled
"Zoning", specifically Article II, Section 210-9, "Definitions", and Article VI, Section
210-37, "Office Research (O-R) District", and Article VIII, Section 210-63A,
"Supplementary Regulation".
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 J. Miller, Town Clerk
Town of Poughkeepsie
December 4, 2012