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Poughkeepsie Journal, Wednesday, May 8, 2002


First, a list of typos that actually appeared in the printed notice on May 8, 2002: May 23, 2003 Townis Town Clerkis office [omega] - the greek character "omega" iby-passi - meant "bypass" iAverage Densityi - meant "Average Density" iflagi iGreenway Connectionsi iAffordablei iminor Local Roadi (iCRDi) iTwin Creeksi ifloor Area of a Buildingi ifloor Area Ratioi irequired open spacei ---
Note: This Notice was not included in the PoJo online legal notices as of May 10, 2002.


Name of Action: Comprehensive Plan and Implementing Amendments to the East Fishkill Code
Lead Agency: Town of East Fishkill Town Board
Address: Town Hall, 330 Route 376, Hopewell Junction, New York 12533
Contact Person: Peter Idema, Town Supervisor, Town Hall, 330 Route 376, Hopewell Junction, NY 12533 Phone: (845) 221-4303
SEQR status: Type I

This notice of hearing is prepared pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

PLEASE TAKE NOTICE that on Thursday, May 23, 2003, at 7:00 p.m., at John Jay High School, Route 52, Hopewell Junction, New York, the Town Board will hold a combined public hearing on the (1) the adoption of a new Comprehensive Plan pursuant to Town Law 272-a, (2) the adoption of fourteen (14) local laws, including zoning amendments, to implement the Plan, and (3) a Draft Generic Environmental Impact Statement (DGEIS) prepared relating to the Plan and the laws.

A Draft Generic Environmental Impact Statement (DGEIS) on this Type I action, for which a positive declaration was adopted, was accepted as complete on Thursday, April 25, 2002. Copies of the Proposed Comprehensive Plan, the proposed local laws, and the DGEIS, and the notice of completion, and any further information may be obtained from the contact person listed above. All documents are further available for public inspection at the Town Clerkis office during business hours, and at the East Fishkill Library.

At the hearing all interested parties will be heard with respect to the proposed Comprehensive Plan, the proposed local laws, and the Draft Generic Environmental Impact Statement.

Written comments on any aspect of the proposed action are also requested, and will be accepted by the lead agency until Friday, June l4, 2002, at 4:00 p.m., and should be addressed to the contact person listed above.

Description and location of the action:

The proposed action consists of the adoption of the proposed Comprehensive Plan, and the adoption of the fourteen (14) local laws which would implement it.

A brief summary of the recommendations of the proposed Comprehensive Plan, which affects land use throughout the Town, is as follows:

- Reducing permitted densities in the Townis centers, including Hopewell Junction and outlying hamlet centers, including rezoning of the Twin Creeks property to reduce its maximum density from six (6) units per acre to four (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 one (1) acre per unit to one and one-half (1 [omega]) acres per unit.

- Reducing the development potential of residential and non-residential environmentally sensitive lands (wetlands, floodplains, and steep slopes over twenty percent (20%), by providing that these lands be discounted by fifty percent (50%) in calculating required lot area or Floor Area Ratio (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, 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 iby-passi roads, which would limit downtown traffic in the center of Town, and make the Hopewell Hamlet more pedestrian friondly, 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 encouraging cluster development, and enhancing the buffer provisions of the Townis Cluster Law, and repealing the provisions of the iAverage Densityi subdivisions, which did not require preservation of open space.

- Enacting provisions to allow Affordable Housing in the Town, and require that ten percent (10%) of the units in CRD developments be Affordable units,

- Enacting provisions for more flexible road design in new residential developments; allowing shared driveways in certain circumstances; placing design controls in creation of iflagi lots and restricting parking of commercial and industrial vehicles in residential zones; and

- Joining the Greenway Compact.

The proposed local laws are briefly summarized as follows:

Local Law A: A Local Law adopting iGreenway Connectionsi. This law would formalize the Townis entry into the Greenway Compact, and provide that Town review Boards would consider Greenway Connections in their deliberative process on future actions.

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. This law would provide that lands constrained by wetlands, floodplains, or slopes more than twenty percent (20%) would only be attributed to required minimum lot size or Floor Area Ratio at fifty percent (50%) of actual land area. The law would apply to all subdivisions and site plans except subdivisions which received preliminary approval prior to the effective date of the law.

Local Law C: A Local Law providing for Affordable Housing. This law encourages Affordable Housing throughout the Town and requires at least ten percent(10%) of units in CRD projects to be iAffordablei. The law also provides a density incentive for affordable housing, by allowing 1.5 market rate units for every affordable unit built. The law requires that affordable units be constructed to the same standards as market rate units, and be at least 80% of the size of market rate units. The law provides detailed regulations for setting purchase and resale price; sets forth eligibility for affordable housing at a maximum of 90% of the Dutchess County median family income; and sets a preference order for allotting units to eligible applicants.

Local Law D: A Local Law creating the R-3 Residential Zoning District and Providing Regulations for such District. This zone would require a 3-acre minimum lot size, a minimum 75 foot frontage and 150 foot lot width, and a maximum 6% lot coverage. The permitted uses would be the same as the existing R-2 residential zone.

Local Law E: A Local Law Creating the R-1.5 Residential Zoning District, and Providing Regulations for such District. This zone would require a 1.5 acre minimum lot size, and a maximum 10% lot coverage. The permitted uses would be the same as the existing R-1 residential zone.

Local Law F: A Local Law Amending the Highway Specifications. This new law creates a new class of road known as iminor Local Roadi and sets standards for such roads in CRD and cluster subdivisions. It also clarifies provisions regarding turning circles, intersections, and sidewalks.

Local Law G: A Local Law Amending the Zoning Provisions Applicable to the Conservation Residential Development (iCRDi) District. This law would allow up to twenty percent (20%) of units in a CRD project to be multi-family units, which currently are not permitted in any existing residential District of the Town of East Fishkill; provides for an Affordable Housing component; reduces the minimum lot size for single-family units; permits garages to be located in rear yards under certain circumstances, incorporates reference to the Minor Local Road standards, and establishes bulk standards and parking requirements for such developments.

Local Law H: A Local Law Amending Provisions of the Town Code Relating to Cluster Subdivisions. This law encourages Cluster Subdivisions, and facilitates provision of open space by permitting smaller minimum lot sizes, and requiring buffers around the perimeter of the clusters. The law sets bulk requirements for cluster lots, and standards for requiring sidewalks. The law allows a special permit for small (less than 1% of total land area) retail and personal service elements in clusters larger than 100 acres.

Local Law I: A Local Law Repealing Section 194.14 of the Zoning Law, which permits Average Density Subdivisions. This law repeals average density provisions since they are less protective of resources and open space than Clustering.

Local Law J: A Local Law Amending the Zoning Regulations Applicable to Residential Zones. This law includes enhanced regulation for flag lots (requiring that the main buildable portion be no less than 1 acre in size, and at least the minimum lot size in the district; and that the access strip be at least 50 feet wide along its entire width, and allow- ing the Planning Board to require screening along lot lines of flag lots); implements a new 75 foot setback from the center of the road for lots abutting a non-dedicated right-of-way; allows shared driveways for up to 3 lots, by special permit, provided that each lot is at least 1.5 acres in size and applicable design standards are met; and increases the present restrictions on the parking of heavy commercial vehicles in residential zones, by prohibiting parking of vehicles exceeding 25,000 pounds GVWR, or two (2) axles; requires a 100 foot setback of parking and structures from the Taconic State Parkway and I-84; and allows garages in rear yards at least 10 feet from the rear property line, pro- vided that they do not exceed 750 sq. ft. in size and are no taller than 1.5 stories.

Local Law K: A Local Law Changing the Zoning Classification of Certain Property from the Residential R-1 District to the Residential R-1.5 District. This law places approximately 2,500 acres of land, located throughout the Town, into the newly created R-1.5 acre zone. The proposed law lists all properties affected, and contains a map.

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. This law places approximately 20% of the residentially zoned property in the Town, (located in the southeast quadrant, east of the Taconic State Parkway and, generally, south, east, and west of I-84) in the newly-created R-3 zoning District. The proposed law lists all properties affected, and contains a map.

Local Law M: A Local Law Changing the Zoning Classification of an approximately 114.86 acre parcel known as iTwin Creeksi (located on the west side of Rt 376, south of the hamlet of Hopewell Junction) from PRD (Planned Residential Development) to CRD (Conservation Residential Development). The purpose of this proposed Local Law is to lower residential densities to provide greater environmental protection. The rezoned property will be subject to the provisions described above affecting the CRD zone.

Local Law N: A Local Law Amending the Zoning Provisions applicable to Non-Residential Zones. This law eliminates the PBN (Planned Business Neighborhood) Zone, which has never been mapped. This law will also amend the definition of ifloor Area of a Buildingi and add a definition of ifloor Area Ratioi (FAR) and modify the bulk requirements for all Business, Commercial, and Industrial zones. In B-1 and B-2 zones, it would reduce the present 50% lot coverage requirement to 35%, and establish a 0.35 FAR. It would reduce the permitted FAR maximums in the PRDP and PCP zones from 0.30 to 0.25. It would establish a irequired open spacei provision for the PCP zone of 20%, the same as presently required in the PRDP. It would retain the present lot coverage requirement of 25% in all industrial zones, and add a FAR requirement of 0.25. It would extend the applicability of the existing corner lot provisions of section 194-100 to all zoning districts. It would require an increased setback of 100 feet for parking and structures from the Taconic State Parkway and I-84.

Potential environmental impact discussed in the DGEIS includes impacts on neighborhood character, water resources, transportation, open space, and growth inducing impacts.

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