We believe these to be the new laws and amendments to the June 2001
RESOLUTION INTRODUCING PROPOSED COMPREHENSIVE PLAN AND
LOCAL LAWS "A" THROUGH "N" OF THE YEAR 2002 TO IMPLEMENT THE PLAN,
ACCEPTING DGEIS AS COMPLETE,
AND SETTING A JOINT PUBLIC HEARING FOR MAY 23,2002
Resolution Offered by Council Member WALKER
WHEREAS, for the past several years the Town has been developing a
proposed Comprehensive Plan, to update the Town's existing Master Plan
adopted in 1982, and
WHEREAS, in the process of developing the plan, the Town has collected
substantial input from its citizens, in the form of written comment, and public
workshop sessions on the plan, and
WHEREAS, in recent months, the final elements of the Plan have been
completed, including the biodiversity study prepared by Hudsonia; the pedestrian
study prepared in conjunction with the Dutchess County Planning Department;
and the traffic study additions in response to recent closings of the Taconic State
Parkway crossings by the Department of Transportation, and
WHEREAS, the proposed Comprehensive plan contains several key
- reducing permitted densities in the Town's centers, including
Hopewell Junction and outlying hamlet centers, including the
rezoning of the Twin Creeks property to reduce its maximum
density from 6 units per acre to 4 units per acre,
- reducing the residential densities in the southeasterly corner
of the Town from two (2) acres per unit to three (3) acres per unit,
- reducing the densities in large tracts of land throughout the
Town, including agricultural lands, from 1 acre per unit to
1 and 1/2 acres per unit,
- reducing the development potential of residential and non-
residential environmentally sensitive lands (wetlands,
floodplains, and steep slopes over 20%), by providing that
these lands be discounted by 50% in calculating required lot
area or FAR,
- reducing maximum potential commercial and industrial
density by establishing Floor Area Ratios of 0.35 for
commercial districts, and 0.25 for industrial, PRDP and PCP
Districts of 0.25, while continuing to encourage high-quality
industrial development near the Lime-Kiln Interstate 84 interchange,
- facilitating future planning for the Hopewell Junction center,
by beginning the planning process for "bypass" roads, which
would limit downtown traffic in the center of Town, and make
the Hopewell Hamlet more pedestrian friendly, enhancing
the shopping experience of residents; and allowing small
commercial elements (not exceeding 1% of total area) in
large cluster projects, to eliminate unnecessary trips into the
center of Town,
- encouraging the preservation of open space by enhancing
the buffer provisions of the Town's cluster law, and repealing
the provisions of the "Average Density" subdivisions, which
did not require preservation of open space,
- enacting provisions to allow Affordable Housing in the Town,
and require that 10% of the units in CRD developments be
- enacting provisions for more flexible road design in new
residential developments; allowing shared driveways in
certain circumstances; placing design controls on creation of
"flag" lots; and restricting parking of commercial and
industrial vehicles in residential zones, and
- joining the Greenway Compact
WHEREAS, the Town Board has now received the proposed Draft
Comprehensive Plan and fourteen (14) proposed local laws which would
implement the Plan, including:
Local Law A: A Local Law adopting "Greenway Connections,"
Local Law B: A Local Law amending the Zoning and
Subdivision Chapters of the Code of the Town of East
Fishkill to Protect Environmentally Sensitive Lands,
Local Law "C": A Local Law providing for Affordable housing.
Local Law "D": A Local Law creating the R-3 Residential
Zoning District, and providing regulations for such District.
Local Law "E": A Local Law creating the R-1.5 Residential
Zoning District, and providing regulations for such District.
Local Law "F": A Local Law amending the Highway Specifications.
Local Law "G": A Local Law amending the zoning provisions
applicable to the Conservation Residential Development ("CRD")
Local Law "H": A Local Law amending provisions of the Town
Code relating to Cluster Subdivisions.
Local Law "I": A Local Law Repealing Section 194.14 of the
Zoning Law, which permits Average Density Subdivisions.
Local Law "J": Amended the Zoning Regulations Applicable to
Local Law "K": A Local Law changing the zoning classification
of certain properties from the Residential R-1 District to the
Residential R-1.5 District.
Local Law "L": A Local Law changing the zoning classification
of certain property from the Residential R-2 District to the
Residential R-3 District.
Local Law "M": A Local Law changing the zoning Classification
of an Approximately 114.86 acre Parcel known as "Twin Creeks"
from PRD (Planned Residential Development) to CRD
(Conservation Residential Development).
Local Law "N": A Local Law Amending the Zoning Provisions
Applicable to Non-Residential Zones.
WHEREAS, the Town Board has reviewed the proposed Draft Generic
Environmental Impact Statement prepared regarding the proposed
Comprehensive Plan and local laws, and, pursuant to the SEQR regulations
section 617.6 (a) (4) has determined that the plan and laws may have significant
impacts on overall development potential of the Town, and on the land use
policies and neighborhood character of the Town, although the primary effects
are environmentally positive, and
WHEREAS, the Town Board has accordingly determined that it is
appropriate that a Draft Generic Environmental Impact Statement be prepared,
and a Positive Declaration issued, and
WHEREAS, the Town Board has reviewed the Draft Generic
Environmental Impact Statement and finds that it is complete for the purposes of
beginning the public review process, and
WHEREAS, it is in the public interest that the proposed Comprehensive
Plan, the proposed local laws, and the DGEIS be jointly set for a public hearing
to receive public comment on all aspects of the proposals, and
WHEREAS, it is also appropriate to allow a further opportunity for written
comments even after the close of the public hearing:
NOW, THEREFORE, BE IT RESOLVED, that
1. The proposed Comprehensive Plan, and the proposed local laws
above listed are hereby formally introduced before the Board, and the record
hereby reflects that each of the members have copies of all documents.
2. The proposed Comprehensive Plan and all of the above Local
Laws which would implement it, collectively, are considered "the proposed
action" under SEQR, and the proposed action is determined to be a direct action
by the Town Board, and a Type I action under SEQR.
3. The Town Board hereby renders a Positive Declaration, requiring a
DGEIS to be prepared.
4. The Town Board hereby accepts the DGEIS prepared by
Buckhurst, Fish, and Jacqemart and dated as complete and adequate for public
5. A joint public hearing on the proposed Comprehensive Plan, the
proposed local laws, and the DGEIS is hereby scheduled for Thursday, May 23,
2002 at 7:00 p.m. at John Jay High School, Route 52, Hopewell Junction New
York, at which time all interested parties will be heard.
6. In addition, written comments on the DGEIS and the proposed
action will be accepted if received at the Town Clerk's office, on or before 4:00
p.m. on Thursday, June 6, 2002.
7. The Town Clerk is authorized to file and circulate a Positive
Declaration, Notice of Completion and Notice of Hearing, and to post, publish
and circulate notice of said hearing as required by law.
Resolution seconded by Council Member FERLAND