2013-01-16 (2)Town of Poughkeepsie
SUSAN J. MILLER
ONE OVI=ROCKER ROAD
POUGHKEEPSIE, NY 12603
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OFFICEOFTOWNCLERK
PHONE: (845}485-3620
FAX: {845)485-8583
pecember 6, 2012
Dutchess County Dept. of Planning
Dutchess County Legislature
Town Planning Board
Town Zoning Boazd
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 Mazlborough
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 two public hearings o~ Wednesday, January 16te,
2013 at 7:00 p.m. as and for the 'time, date and place of a public hearing to change the zoning designation
of a tax parcel number 6260-03-049464 located at the intersection of Spackenldll Road and Boardman
Road from Institutional (IN) District to Residence, Single-Family 20,000 Square Foot (R-20,000) District
as part of a proposal to develop said parcel for use as a senior assisted living center; and also a public
hearing for an amendment to the Town Code of Article VIII, §210-91, "Nursing Homes and alternate care
housing"
Please find copies of Resolutions 12:5- #6 of 2012 and 12:5- #7 of 2012 and also the Public Hearing
notices for your review and recommendation.
Sincerely,
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
DEC p ~ 2012
TOWN OE WAPPINGER
T~~~'N CLEf~K
RESOLUTION 12:5 - # ~ of 2012
Town of Poughkeepsie Town Board
Zoning Map Amendment -Parcel No. 6260-03-049464
WHEREAS, the Town Board has received an application from The Wegman Companies,
Inc. (hereinafter "Wegman") to change the zoning designation of tax parcel number 6260-03-
049464 located at the intersection of Spackenkill Road and Boardman Road from Institutional
(IN) District to Residence, Single-Family 20,000 Square Foot (R-20,000) District as part of a
proposal to develop said parcel for use as a senior assisted living center; and
WHEREAS, on September 19, 2012 the Planning Board, as the designated lead agency,
issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law for
- the proposed zone change and associated zoning text change and development-plan; and - - -
WHEREAS, on September 19, 2012 the Planning Board also issued an advisory report
recommending approval of the proposed zoning map amendment; and
WHEREAS, the Town Board has determined that the proposed zoning text amendment
must be referred to the Dutchess County Department of Planning and Economic Development;
and
WHEREAS, amendment of the Zoning Map requires a public hearing.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a public hearing on the proposed amendment 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
2. 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
3. The Town Board refers this matter to the Town Planning Board for an advisory report.
4. The Town Board directs the Town Clerk to notify the surrounding towns of the public
hearing pursuant to GML 239-nn.
Dated: ~~..~ol l~ ~ ~? 5. ~t ~ ~ ~
0
Moved: V
Seconded:
Ayes Nays
NW/meh
t-11 /3 0/2012
m-12/5/2012
__ ... _
--- -AYE - -........NAY __
Councilman Baisley V`
Councilman Eagleton ,, y
~
~
~~ /
(~
Councilman Conte
52
Councilman Cifone '`~
Councilman Krakower °r
Councilwoman Shershin /
Supervisor Tancredi v'
G~\mllegal\r\2012\dec\12-5mtg\Emeritus at Poughkeepsie Map Amendment Introduction Resolution 120512 (2).doc
2
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows
1. Pursuant to Article III, §210-11 of the Town of Poughkeepsie Zoning Code tax parcel
number 6260-03-049464 located at the intersection of Spackenkill Road and Boardman
Road is hereby rezoned from Institutional (IN) District to Residence Single-Family
20,000 Square Foot (R-20,000) District as part of a proposed development of said parcel
for use as a senior assisted living center pursuant to Article VIII, §210-91 of the Town
Code. This zone change is conditioned on the property being developed only for the
principal use as a senior assisted living center as described in a Negative Declaration
issued by the Town Planning Board on September 19, 2012, and subject to site plan
approval by the Town Planning Board and special use permit approval by the Zoning '~
Board of Appeals. No other use of the property is authorized. Failure on the part of the
applicant, The Wegman Companies, Inc. its heirs, successors, or assigns, to obtain a
Certificate of-Occupancy for-the-senior assisted living center-within three years of the -- -~i
date of final site plan approval by the Planning Board shall result in the reversion of the
zoning of the site to the original Institutional District designation, unless extended by
i
the Town Board prior to the time of such reversion.
3
LEGAL NOTICE OF PUBLIC BEARING
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 change the zoning designation of a tax parcel number 6260-03-
0494641ocated at the intersection of Spackenkill Road and Boardman Road from
Institutional (Ili District to Residence, Single-Family 20,000 Square Foot (R-20,000)
District as part of a proposal to develop said parcel for use as a senior assisted living
center;
AND AL50 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 6th, 2012
RESOLUTION 12:5 - #~ of 2012
Town of Poughkeepsie Town Board
Zoning Law Amendment -Nursing Home and Alternate Care Housing
WHEREAS, the Town Board has received a communication from the Director of
Municipal Development recommending amendment of Article VIII, §210-91, "Nursing Homes
and alternate care housing" as part of the Board's consideration of an application from The
Wegman Companies, Inc. to change the zoning designation of parcel number 6260-03-049464
from Institutional (IN) District to Residence, Single-Family 20,000 Square Foot (R-20,000)
District; and
WHEREAS, the proposed amendments to §210-91 would establish more stringent site
development standards-for nursing homes and alternate care-facilities; and - - -- - - - -
WHEREAS, a copy of the proposed amendments to §210-91 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, on September 19, 2012 the Planning Board, as the designated lead agency,
issued a Negative Declaration pursuant to Article 8 of the Environmental Conservation Law for
the proposed zone text change and associated zoning map amendment and development plan;
and
WHEREAS, on September 19, 2012 the Planning Board also issued an advisory report
recommending approval of the proposed zoning text~amendment; and
WHEREAS, the Town Board has determined that the proposed zoning text amendment
must be referred to the Dutchess County Department of Planning and Economic Development;
and
WHEREAS, amendment of the zoning law requires a public hearing.
NOW THEREFORE BE IT RESOLVED THAT:
1. The Town Board hereby sets a~ public hearing on the proposed amendment to Article
VIII, §210-91 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
2. 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
3. The Town Board directs the Town Clerk to notify the surrounding towns of the public
hearing pursuant to GML 239-nn.
Dated: ~iC' ~~`t +~/U~`~ ~~ 1 ~
__ _ _ _ _ _ ...._ __ _ --- ~- -- - f .. _.
Moved:
~~~
Seconded:
Ayes ~_ Nays d
NW/meh
t-11 /30/2012
m-12/5/2012
AYE ~ NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte ~ ~~ ~
Councilman Cifone
Councilman Krakower
Councilwoman Shershin
Supervisor Tancredi
G,\mllegal\r\2012\dec\12-Smtg\Emeritus at Poughkeepsie Text Amendment Introduction Resolution 120512 (2).doc
2
BE IT ENACTED by the Town Board of the Town of Poughkeepsie as follows=
Article VIII, §210-91 of Chapter 210 of the Town of Poughkeepsie Zoning Code entitled
"Nursing home and alternate care housing" is hereby amended as follows
B. Requirements. An application for a nursing home and/or other alternate care housing
for the elderly (55 years of age or older) shall be subject to the following regulations
1. Minimum area shall be 208 acres.
2. No site improvements (i.e. buildings, li~hting_ parl~in~, storm water controls,
drivewavs, etc.) shall be permittedt~e-~}~aee within 100x8 feet of any adjoining
residential property ~ 'r~„M '~~'~~'„^' "~" ~
3. There shall be a minimum fifty-foot landscaping area along the entire highway
-.__.
frontage, except for necessary drives and sidewalks.
4. At least 40%~ of the total gross acreage shall be composed of land which is used
for passive recreational purposes and/or preserved as open space.
5. All alternate care housing and/or nursing homes shall be subject to site plan
approval.
6. Alternate care housing and/or nursing homes shall provide a minimum of two ~
parking spaces for each five beds.
7. The maximum number of beds per acre shall not exceed 12.
8. No alternate-care housing or nursing homes shall be approved unless connection
is made to municipal water and municipal sewer services.
9. No building shall exceed twostories or 35 feet in height.
10. Maximum building coverage shall not exceed 10% of total acreage.
11. Maximum impervious surface coverage shall not exceed 35% of the total dross
acreage.
3
12. No building shall be constructed within 100 feet of any property line.
13 One freestanding sign not exceeding 25 square feet shall be permitted within a
front yard and shall be set back not less than ten (10) feet from anv boundary
line. The base of anv such freestanding sign shall be mounted within a
landscaped monument of stone brick or other natural material as approved by
the Planning Board.
4
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
~. `~ does hereby set the 16t~' 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 an amendment to the Town Code of the Town of
Poughkeepsie, specifically Article VIII, §210-91, "Nursing Homes and alternate care
housing"
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 6~', 2012