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SUPPORTING DOCUMENTATION MAY BE REQUESTED FROM THE TOWN CLERK’S OFFICE
www.lagrangeny.gov
LaGrange Town Board Meeting May 8, 2019
AGENDA Call to Order Salute to the Flag
Minutes Accept Minutes from April 24, 2019 The Town Board will consider acceptance of the monthly revenue reports from town department’s as follows: Building ,Zoning, Public Works & Planning Total $24,080.00
Highway Department Total $100.00
Justice Sullivan-Bisceglia (incl. State Share) Total $17,990.00
Justice O’Hare (incl. State Share) Total $18,217.00
Recreation Total $113,048.00
Town Clerk Total $961.42 Agenda Items
2018 Comprehensive Plan Amendment & Proposed Zoning Changes
o Resolution accepting SEQRA Findings Statement
Resolution accepting the amendments to the Comprehensive Plan
Route 55/82 Rezoning
o Resolution of Adoption of the proposed local law
Resolution: Cablevision Franchise Fees Settlement Public Hearing
Amend §240-29, Nonconformity, and Amend Appendix A, Schedule A2 of §240-27
o EAF Part 2 o SEQRA NEG DEC o Resolution
Wireless Communications Towers and Facilities §240-49, & §240-27
o EAF Part 2 o SEQRA NEG DEC o Resolution
Renewal of existing Cablevision Franchise Agreement
o Resolution
Correspondence
MS4 (Municipal Separate Storm Sewer Systems) SPDES Permit Compliance: Stormwater Management Program Annual Report for recording period March 10, 2018 - March 9, 2019 is complete and available to review on-line at: http://www.lagrangeny.gov/CMSJavascripts/SWMPannualReportDraftFinal2018to2019.pdf
Agenda Items
Building Inspector Request for Return of Fees for a duplicate Mechanical Permit for Generator/Transfer Switch Grid No. 6461-03-199144
Building Inspector Request for Return of Fees for a Building Permit for Generator Grid No. 6459-01-093600
All City Grill: Micro Brew Tasting
Town Board to acknowledge the appointment of Cindy Paraggio as a temporary full-time Clerk to the Justice, with a salary of $22.00/hr., from May 9-17, 2019. She will cover Carolyn Harklerode while she is out on leave
Town Board to acknowledge the appointment of Joanne Smith as a temporary full-time Clerk to the Justice, with a salary of $18.75/hr., effective May 20, 2019. She will cover Carolyn Harklerode while she is out on leave.
Committee Reports
CAC
Highway
Business/Economic Development
Recreation
Open Space Town Board Comments
Town Attorney This time is set aside each meeting for new business by the Towns Attorney not listed
elsewhere in the agenda
Administrator of Public Works
This time is set aside each meeting for the Administrator of Public Works to discuss Planning, water, sewer, MS4 and related topics not listed elsewhere on the agenda
Environmental Consultants
Reports from the operators of the Town’s water and sewer facilities
Public Comment
Public comments are accepted during this time
Town Board Discussion
Window/Door Replacement
Freedom Park Restroom
Filming Fees
Adjournment
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RESOLUTION
__________________________ offered the following resolution which was seconded by
_________________________, who moved its adoption:
WHEREAS, a local law was introduced to be known as Local Law No. ___ of 2019,
entitled A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW
YORK, TO AMEND CHAPTER 240 “ZONING” OF THE LAGRANGE TOWN CODE BY
AMENDING SECTION 240-29, NONCONFORMITY, AND TO AMEND APPENDIX A,
SCHEDULE A2 OF SECTION 240-27 OF THE LAGRANGE TOWN CODE.
WHEREAS, a public hearing in relation to said local law was held on May 8, 2019 at
7:00 p.m., prevailing time; and
WHEREAS, notice of said public hearing was given pursuant to the terms and provisions
of the Municipal Home Rule Law of the State of New York; and
WHEREAS, said local law has been on the desks of the members of the Town Board of
the Town of LaGrange for at least seven (7) days, exclusive of Sunday;
NOW, THEREFORE, BE IT RESOLVED that the following local law is hereby enacted:
Section 1. Section 240-29(F)(2) of the LaGrange Town Code is amended as follows:
Change. Any nonconforming use of land, buildings or other structures shall not be
changed to any use that is different in nature and purpose from the former nonconforming use,
except to such uses that are permitted uses in the district in which the use is located, or to a use
which is more nearly conforming in the judgment of the Zoning Administrator. Any
nonconforming use of land, buildings or other structures if once changed to conform or more
nearly conform to this chapter shall not thereafter be changed so as to be less conforming again.
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Section 2. Section 240-29 is amended to add a new subsection (H) to read as follows:
Adaptive Reuse. The reuse of existing non-residential buildings for a use other than that
for which it was originally designed may be permitted pursuant to provisions set forth in Section
240-71(P) and (Q), and Appendix A, Schedule A1, A2 of this chapter.
Section 3. Section 240-29 is amended to re-letter subsections (H) to (I), (I) to (J), (J)
to (K), (K) to (L) and (L) to (M).
Section 4. Section 240-29(M)(1)(b)[2](c) is amended to read as follows (additions
are underscored and deletions are stricken):
Failure to terminate and remove the outdoor deposit in accordance with §240-
29(LM)(1)(a), failure to file a time schedule and screening plan within 90 days from the date of
such notice, failure to provide the screening, and/or failure to terminate and remove the deposit
in accordance with the time schedule shall be considered a violation of this chapter.
Section 5. Appendix A, Schedule A2 of Section 240-27 of the LaGrange Town Code
is amended to add a category for “Adaptive reuse” in the “use” column, and to insert the symbol
“SP” in the columns for RFD (40, 60 and 80), RMD and RLD, and to insert the symbol “N” in
the columns for RFS, TCR and OPD.
Section 6. If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or
invalidate the remainder of this local law.
Section 7. Pursuant to Section 22 of this state’s Municipal Home Rule Law, this local
law shall modify and supersede any provisions of state statute which are inconsistent with the
terms of this local law.
Section 8. This local law will take effect upon the filing with the Secretary of State as
prescribed by law.
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RESOLVED that the Town Clerk shall file a certified original of this local law in the
office of the Town Clerk and one (1) certified copy in the Office of the Secretary of State, State
of New York, such certified copy to have attached thereto a certificate that it contains the correct
text of the enactment of this local law.
The foregoing resolution was voted upon with all councilmen voting as follows:
Supervisor Bell __________
Councilman Luna __________
Councilman Jessup __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
_____________________________
CHRISTINE O'REILLY-RAO
TOWN CLERK
U:\DOCS\00070\01135\LL\24T9997.DOCX
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RESOLUTION
__________________________ offered the following resolution which was seconded by
_________________________, who moved its adoption:
WHEREAS, a local law was introduced to be known as Local Law No. ___ of 2019,
entitled A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW
YORK TO AMEND CHAPTER 240, “ZONING”, OF THE LAGRANGE TOWN CODE BY
AMENDING SECTION 240-49, WIRELESS COMMUNICATIONS TOWERS AND
FACILITIES IN ITS ENTIRETY, TO ADD A NEW FOOTNOTE 40 TO APPENDIX A,
SCHEDULES A1, A2 AND A3 NOTES OF SECTION 240-27 OF THE LAGRANGE TOWN
CODE, TO AMEND APPENDIX A, SCHEDULE A1 OF SECTION 240-27 OF THE
LAGRANGE TOWN CODE, TO AMEND APPENDIX A, SCHEDULE A2 OF SECTION 240-
27 OF THE LAGRANGE TOWN CODE, AND TO AMEND THE DEFINITIONS FOUND AT
SECTION 240-112 OF THE LAGRANGE TOWN CODE.
WHEREAS, a public hearing in relation to said local law was held on May 8, 2019 at
7:00 p.m., prevailing time; and
WHEREAS, notice of said public hearing was given pursuant to the terms and provisions
of the Municipal Home Rule Law of the State of New York; and
WHEREAS, said local law has been on the desks of the members of the Town Board of
the Town of LaGrange for at least seven (7) days, exclusive of Sunday;
NOW, THEREFORE, BE IT RESOLVED that the following local law is hereby enacted:
Section 1. Existing Section 240-49, Wireless Communications Towers and Facilities,
of Chapter 240 of the LaGrange Town Code is amended in its entirety by the following
provisions:
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A. Purpose. It is the purpose of this section to protect the aesthetics of the Town of
LaGrange, and the health and safety of the Town's residents, by regulating the siting and
design of communications facilities located in the Town. Specifically, this section shall:
(1) Establish clear standards for the location of communications facilities and
accessory structures;
(2) Minimize the total number of communications towers located within the Town of
LaGrange;
(3) Attempt to protect residential areas and sensitive land uses from the potential
adverse impacts of communications towers;
(4) Establish clear standards to minimize the negative aesthetic impacts of
communications towers;
(5) Establish a permitting system that ensures periodic reevaluation of the sites and
communications towers;
(6) Ensure timely removal of an abandoned or unused communications tower and
accessory structures;
(7) Encourage a streamlined approval process for proposed communications towers
and accessory structures which comply with the regulations of this section.
B. Intent. These regulations are intended to be consistent with the Telecommunications Act
of 1996 in that:
(1) They do not prohibit, or have the effect of prohibiting, the provision of wireless
communications services.
(2) They are not intended to be used to unreasonably discriminate among providers of
functionally equivalent services.
(3) They do not regulate wireless communications services on the basis of the
environmental effects of radio frequency emissions to the extent that the regulated
services and facilities comply with the FCC's regulations concerning such
emissions.
C. Compliance with the State Environmental Quality Review Act. The Planning Board shall
comply with all provisions of the State Environmental Quality Review Act under Article
8 of the Environmental Conservation Law and its implementing regulations. An
application for a communication facility that conforms to the regulations of this section
and the Town of LaGrange Town Law shall be an unlisted action. Should any variance
from these regulations be requested, the proposed facility shall be considered a Type I
action.
D. Special permit review. Except as otherwise set forth in this subsection, communications
facilities are allowed in all zoning districts and overlay zoning districts subject to the
granting of a special use permit. All applicants for new communications facilities shall
conform to the application procedures and requirements required by the special use
permit review process detailed in this section, as well as those found within §§ 240-71
and 240-72 of this chapter. However, with respect to the RLD, RMD, RFD, H and TCR
Zoning Districts, and any overlay districts found therein, no portion of such residential
zoning districts, or of any overlay district found therein, that meets the following criteria
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shall constitute a permissible site for establishment of a new tower to be used as a part of
a communications facility:
(1) Land comprising any portion of a lot of less than 10 acres in size, whether or not
improved by a dwelling, which was created by means of a land subdivision
approved by the Town of LaGrange Planning Board, where the purpose of such
land subdivision was to establish lots for the construction of single-family or
multifamily residences;
(2) Land having a means of proposed access from a public or private road which was
laid out and established as part of a land subdivision approved by the Town of
LaGrange Planning Board, where the purpose of such land subdivision was to
establish lots for the construction of single-family or multifamily residences, or
lands having a proposed means of access by private easement over a lot created
by such a land subdivision; or
(3) A parcel of less than 10 acres which is already devoted to principal use as a
residential dwelling.
E. Decision. Any decision of the Planning Board to grant or deny an application shall be in
writing and supported by substantial evidence on the record.
F. Siting. Communications facilities shall be sited, to the maximum extent feasible, on
existing tall structures such as utility poles, silos, buildings, church steeples, water tanks,
and the like. Applicants must demonstrate exhaustion of all reasonable efforts to site
facilities on existing structures before approval shall be granted to construct a new
communications tower.
G. Bulk requirements. In preparing its decision concerning any application, the Planning
Board shall consider the standards detailed in Article VII, § 240-72E, Planning Board
standards for site plan approval, as well as the following:
(1) Lot siting. All structures, access roads, buffers, setbacks, fences, and all other
facility appurtenances shall be located on one lot and shall not straddle a
boundary line.
(2) Height.
(a) For noncommercial wireless facilities (i.e., those not subject to the federal
Telecommunications Act of 1996), the total height of proposed structures
and accessory elements shall not be more than the maximum allowed in
the zoning district in which the facility is to be located and shall be
measured from the natural ground level to the top of the structure or the
top of the uppermost fixture, antenna, or appurtenance affixed to the
structure, whichever is higher.
(b) For commercial wireless facilities (i.e., those subject to the federal
Telecommunications Act of 1996):
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[1] Telecommunications towers shall be no higher than the minimum
height necessary, including any potential co-locators to the extent
reasonably anticipated.
[2] The maximum height of any telecommunications tower and
antennas constructed after the effective date of this chapter shall
not exceed a height which shall permit operations without artificial
lighting of any kind.
(3) Lighting. The lighting of the area surrounding a communications facility shall be
in keeping with the needs and safety of the surrounding neighborhood. No light
shall be permitted to spill from the site onto surrounding properties, and every
attempt shall be made to prevent light from spilling into and beyond the buffer
strip.
(4) Noise. When a facility has power equipment on site, including both temporary
equipment, including but not limited to tools and generators, or permanent
equipment, including but not limited to HVAC and emergency generators, steps
shall be taken to minimize, to the maximum extent feasible, the amount of noise
heard off site.
(5) Location and setbacks.
(a) The proposed yard setbacks from the property line must be no less than
1.5 times the height of the tallest proposed structure or the setback
requirements in the existing zoning regulations, whichever is greater.
(b) The maximum area permitted to be cleared shall be no more than 50 feet
in extent from the outer edge of the primary structure's footprint.
(c) During construction and installation of facilities and structures, only the
minimum amount of existing vegetation shall be cleared.
(6) Buffer strip. A buffer strip is required to minimize, to the maximum extent
possible, any visual impacts of the proposed freestanding facilities.
(a) The buffer shall be a minimum of 25 feet wide and shall begin at the outer
edge of the cleared area. The buffer strip shall contain, or be planted with,
vegetation of sufficient height and density as determined by the Planning
Board.
(b) The buffer strip shall be free of any man-made structures, including but
not limited to fences, facilities, and roads.
(7) Signage. Only signs that are for security purposes are permitted on
communications facility structures. All other signs are prohibited on all
communications facilities.
(8) Security. If the Planning Board determines that a security fence is necessary, said
fence shall surround all structures and guy wires and shall be at least six feet high
and opaque in nature.
(9) Maintenance. A safety and structural inspection of the facility shall be prepared
by a licensed professional engineer every four years. The report shall be
submitted to the Zoning Administrator. All costs associated with the inspections
shall be paid by the facility owner.
(10) Collocation.
(a) All wireless communications facility structures should be of a type and
design that will maximize collocations.
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(b) Collocation is required of a communications facility unless the applicant
has provided clear and convincing evidence that:
[1] There are no other usable existing structures in service area.
[2] Collocation does not achieve the minimum reasonable technical
needs of the proposed facility.
[3] Structural or other engineering limitations, absent reasonable
refurbishment, are clearly demonstrated to be prohibitive to the
proposed facility.
[4] After demonstrated thorough and good faith efforts, the applicant
is unable to secure permission from another facility or structure
owner to collocate.
(11) Clustering. The clustering of towers and structures on the same site should be
considered if collocation cannot be facilitated.
(12) Alternative technologies. The use of repeaters and other alternative technologies
is strongly encouraged in order to reduce or minimize the number and height of
towers in the Town.
(13) Visual appearance.
(a) All equipment shelters and accessory structures shall be architecturally
uniform and no taller than 12 feet.
(b) All equipment shelters shall be used only for the housing of equipment
related to the particular facility on the particular site.
(c) Materials and colors for proposed communications facility structures shall
be of an appearance that is compatible with any surrounding structures
and/or vegetation to the maximum extent practicable and as approved by
the Planning Board.
(d) Facility design shall incorporate, to the maximum extent feasible,
alternative designs that minimize a discordant intrusion on the aesthetic
landscape. Alternative designs shall be considered and shall include the
camouflaging of the facility in order to make it blend in with surrounding
structures and facilities.
H. Application requirements. In addition to the requirements and fees outlined in Article
VII, § 240-71G, Required plan, and § 240-72C, Application procedures, an applicant
proposing to construct a communication facility in the Town shall also complete or
submit the following:
(1) Applicants shall meet with the Zoning Administrator prior to submitting a formal
application for a proposed communication facility. The purpose of the
preapplication meeting is for the applicant to disclose to the Zoning
Administrator:
(a) The specific location and nature of the proposed facility; and
(b) The applicant's proposal and date for a visual analysis.
(2) The applicant shall complete fully the Town of LaGrange "Application for
Communication Tower Siting Approval."
(3) A SEQR full environmental assessment form (Parts I, II, and III).
(4) A five-year buildout plan for the proposed site and other sites within the Town
and within adjacent towns, clearly demonstrating the applicant's plans for other
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structures, proposed application and building dates, and justification for additional
structures. Additionally, the five-year buildout plan must take into consideration
known and potential changes in technology which may have an effect on the
number, design, and type of facilities needed in the near future. In keeping with
the buildout plan, the applicant shall also notify the Planning Boards of all
adjacent communities and the Coordinator of the Dutchess County Office of
Emergency Response concerning the location and height of the proposed action.
(5) The applicant for a new communications facility must demonstrate a proposed
structure's ability to handle additional collocators and must identify the maximum
number of collocators, or alternative collocation strategies, that could be
supported on the structure.
(6) The applicant shall provide to the Town a copy of the applicant's liability
insurance, which shall name the Town as an additional insured party.
(7) A copy of the applicant's FCC licenses for service in the proposed area.
(8) The applicant must identify the number, size, type, materials, manufacturer and
model number, and location of antennas or other types of transmitting devices,
including but not limited to microwave dishes or microwave panels to be placed
on the structure.
(9) The applicant must provide clear and convincing evidence that the proposed
height and bulk of the facility is the minimum necessary to provide licensed
communications services to locations in the Town which the applicant is unable to
serve with existing facilities and with a facility of a lower height. Such
documentation shall include propagation studies of the proposed site and all
adjoining planned, proposed, in-service or existing sites that demonstrate a
significant gap in coverage; and/or if there is a capacity need, such documentation
shall include an analysis of current and projected usage. Drive test or call test data
shall be required as determined to be appropriate by the Building Department, the
Town's wireless consultant, or the Planning Board.
(10) The applicant must provide clear and convincing evidence that the visual,
aesthetic, and community character intrusion impacts have been minimized to the
maximum extent practicable.
(11) The applicant must submit landscaping and reclamation plans in the event of
future structure removal. This plan shall include provisions for site remediation,
landscaping, removal of structures, utility lines, and accessory structures and shall
cover the building site and buffer area controlled by the facility owner.
(12) The applicant must demonstrate by clear and convincing evidence the exhaustive
consideration of alternative sites, alternative technologies, and alternative design
considerations, which include but are not limited to alternative structure types and
heights, materials, colors, multiple smaller structures versus one larger structure,
or other design parameters as may be requested by the Planning Board. The
applicant must also document and inventory all tall structures within four miles of
the proposed location and provide a qualification as to each structure's ability to
meet the service requirements of the applicant.
(13) All electrical power supply service to all structures and facilities shall be installed
underground, and plans for the installation shall be approved by a licensed
professional engineer.
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(14) A visual analysis, conducted after sufficient public notice and open to the public,
the methodology of which is to be approved by the Planning Board prior to the
commencement of this analysis.
(15) The owner of the tower and/or facility, if different from the applicant, is a
necessary party to any application submitted pursuant to this section. As part of
the application, the owner of the tower and/or facility must disclose, in writing,
the existence of all negotiations, ventures, discussions, contracts, proposals or
other active communications said owner has, or has had, within the preceding one
year with any person, corporation, partnership or other entity regarding additional
co-location of facilities at the subject site. For purposes of this subsection, which
is intended to identify foreseeable cumulative visual and related environmental
impacts and to avoid piecemeal and staggered environmental review, "active
communications" shall be defined as one or more written proposals by either
party regarding terms for the co-location of facilities or those which identify the
physical nature, height of placement, configuration, shape and size of the facilities
to be co-located at the site. The identity of the co-locator(s) and the monetary
terms and conditions of the active communications with the owner need not be
disclosed, and may be redacted, as it is the purpose and intent of this provision to
obtain disclosure of the physical nature and aspects of the potential facilities,
including but not limited to visual effects, to be co-located at a site in order to
allow for consideration of physical and environmental impacts in a cumulative
fashion.
(16) Additional information as requested by the Planning Board and/or the Town
Zoning Administrator.
I. Expiration of Special Permit. A recipient of a special permit has one calendar year from
date of approval of the special permit to commence construction; if construction is not
begun within this year, the special permit shall expire.
J. Alterations. All modifications to a structure shall require that the applicant submit a new
special use permit application to the Planning Board. Exceptions that conform to
Subsection J(1) and (2) below do not require a new special use permit:
(1) Increasing the originally approved size of any structure's building footprint a
maximum of 250 square feet; and
(2) Increasing the originally approved height of the structure by a maximum of 10
feet.
K. Structure removal.
(1) If a special permit has expired, the communication facility owner or user has lost
its FCC license, or a continued need for the facility has not been demonstrated to
the satisfaction of the Town, the structure and accessory structures must be
dismantled and removed.
(2) Within 90 days from the date of the Zoning Administrator's decision to require
facility removal, the owner shall completely remove the structure and all
accessory structures from the site.
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(3) Site remediation shall be completed in conformance with the reclamation plan and
to the satisfaction of the Planning Board within 180 days of structure removal.
(4) Upon each application for a special permit the Town Engineer shall determine the
cost of removal of a wireless communications facility for which a special permit
or renewal has been requested. The owner of the facility or any other person with
an interest in the facility deemed suitable by the Town shall, prior to issuance of a
special permit, or any renewal thereof, provide the Town with security to cover
the cost of removal of the facility, in one of the following forms:
(a) A letter of credit in the amount of the cost of removal for the term of the
special permit, plus 90 days, or such lesser initial terms as the Town shall
approve, subject to draw down by the Town to defray the cost to the Town
of removal when the facility has not been removed in conformity with the
provisions of this section; or
(b) The cash deposit of the cost of removal into an escrow account in the
name of the Town subject to withdrawal of the deposited funds by the
Town to defray the cost of removal of the facility when the facility has not
been removed in conformity with the provisions of this section.
(5) Prior to the issuance of a special permit under § 240-49, the owner of the facility
and/or, if different, the owner of the underlying real property shall deliver to the
Town a recordable license of suitable duration with the Town of LaGrange as
grantee, authorizing access to the site and structure by the Town or its designee to
remove the facility.
§240-49.1. Small Cell Wireless Communications Facilities.
A. Purpose. The purpose of this Section is to establish uniform policies and procedures for
the deployment and installation of small cell wireless telecommunication facilities (each
a small cell facility) in the Town of LaGrange, which will provide a public health,
safety, and welfare benefit consistent with the preservation of the integrity, safe usage,
and visual qualities in the Town. Any installation of a small cell facility shall require
either a special permit or site plan permit from the Planning Board.
B. The installation of small cell communications facilities shall comply with Section §240-
49 above with the following exceptions:
1. The following applications shall require only a building permit application:
(a) Installation or collocation of small cell facility or DAS facility on an
existing tower, utility pole, or streetlight.
(b) Installation or collocation of small cell facility or DAS facility on an
existing building.
2. The following applications shall require only a site plan application, and no
special use permit:
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(a) Installation or collocation of small cell facility or DAS facility on existing
tower, utility pole, or streetlight, increasing tower height to a new height
of less than 50 feet high.
(b) Installation of a new pole for location of small cell facility or DAS facility
with a height of less than 50 feet.
(c) Any installation described in §240-49.1(B)(1)(a) above which also
requires changes or additions to accessory equipment or the base station
and, in the judgement of the Zoning Administrator, requires an amended
site plan.
(d) Any installation described in §240-49.1(B)(1)(a) above which, in the
judgement of the Zoning Administrator, requires an amended site plan or
is located within the Historic Overlay Zone or other environmentally
sensitive area.
C. Application requirements. For applications requiring site plan approval, in addition to the
requirements and fees outlined in Article VII, §240-72(C), Application procedures, an
applicant proposing to construct a small cell communication facility in the Town shall
also do, complete, submit and/or comply with the following:
1. The applicant shall meet with the Zoning Administrator prior to submitting a
formal application for a proposed communication facility. The purpose of the
preapplication meeting is for the applicant to disclose to the Zoning
Administrator:
(a) The specific location and nature of the proposed facility; and
(b) The applicant shall complete fully the Town of LaGrange "Application for
Small Cell Communication Facility Approval."
2. A SEQR environmental assessment form.
3. The applicant shall provide to the Town a copy of the applicant's liability
insurance, which shall name the Town as an additional insured party.
4. A copy of the applicant's FCC licenses for service in the proposed area.
5. The applicant must identify the number, size, type, materials, manufacturer and
model number, and location of antennas or other types of transmitting devices,
including but not limited to microwave dishes or microwave panels to be placed
on the structure.
6. All electrical power supply service to all structures and facilities shall be installed
underground, and plans for the installation shall be approved by a licensed
professional engineer.
7. The owner of the tower and/or facility, if different from the applicant, is a
necessary party to any application submitted pursuant to this section. As part of
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the application, the owner of the tower and/or facility must disclose, in writing,
the existence of all negotiations, ventures, discussions, contracts, proposals or
other active communications said owner has, or has had, within the preceding one
year with any person, corporation, partnership or other entity regarding additional
co-location of facilities at the subject site. For purposes of this subsection, which
is intended to identify foreseeable cumulative visual and related environmental
impacts and to avoid piecemeal and staggered environmental review, "active
communications" shall be defined as one or more written proposals by either
party regarding terms for the co-location of facilities or those which identify the
physical nature, height of placement, configuration, shape and size of the facilities
to be co-located at the site. The identity of the co-locator(s) and the monetary
terms and conditions of the active communications with the owner need not be
disclosed, and may be redacted, as it is the purpose and intent of this provision to
obtain disclosure of the physical nature and aspects of the potential facilities,
including but not limited to visual effects, to be co-located at a site in order to
allow for consideration of physical and environmental impacts in a cumulative
fashion.
8. Additional information as requested by the Planning Board and/or the Town
Zoning Administrator.
Section 2. Appendix A, Schedules A1, A2, and A3, Notes of Section 240-27 of the
LaGrange Town Code is amended by adding a new footnote 40, reading as follows: For Small
Cell Wireless Facilities, see § 240-49.1, Small Cell Wireless Communications Facilities.
Section 3 Appendix A, Schedule A1 of Section 240-27 of the LaGrange Town Code
is amended by adding a footnote 40 to the “Wireless Communications Facilities” category in the
“use” column.
Section 4. Appendix A, Schedule A2 of Section 240-27 of the LaGrange Town Code
is amended by adding a footnote 40 to the “Wireless Communications Facilities” category in the
“use” column.
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Section 5. Section 240-112, Definitions, of the LaGrange Town Code is amended to
add the following:
ACCESSORY EQUIPMENT
Any equipment servicing or being used in conjunction with a wireless telecommunications
facility or wireless support structure. The term includes utility or transmission equipment, power
supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds.
BASE STATION
A structure or equipment at a fixed location that enables Commission-licensed or authorized
wireless communications between user equipment and a communications network. The term
does not encompass a tower as defined in this subpart or any equipment associated with a tower.
A. The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well as
unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-
optic cable, regular and backup power supplies, and comparable equipment, regardless of
technological configuration (including Distributed Antenna Systems and small-cell
networks).
C. The term includes any structure other than a tower that, at the time the relevant
application is filed with the Town of LaGrange pursuant to this section, supports or
houses equipment described in paragraphs (i) through (ii) of this section that has been
reviewed and approved under the applicable zoning or siting process, even if the structure
was not built for the sole or primary purpose of providing such support.
DISTRIBUTED ANTENNA SYSTEM (DAS)
A network of spatially separated antenna nodes connected to a common source via a transport
medium that provides wireless service within a geographic area or structure.
SMALL CELL WIRELESS TELECOMMUNICATIONS FACILITY OR SMALL CELL
FACILITY
Small cells are low-powered wireless base stations that function like cells in a mobile wireless
network, typically covering targeted indoor or localized outdoor areas ranging in size from
homes and offices to stadiums, shopping malls, hospitals, and metropolitan outdoor spaces. A
small cell facility meets both the following qualifications: (i) each antenna is located inside an
enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed
element, the Antenna and all of its exposed elements could fit within an imaginary enclosure of
no more than six cubic feet; and (ii) all other wireless equipment associated with the facility is
cumulatively no more than 17 cubic feet in volume. The following types of associated ancillary
equipment are not included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, ground-based enclosures, grounding equipment,
12
power transfer switch, cut-off switch, and vertical cable runs for the connection of power and
other services.
UTILITY POLE
A pole or similar structure that is used in whole or in part for the purpose of carrying electric
distribution lines or cables or wires for telecommunications, cable or electric service, or for
lighting, traffic control, signage, or a similar function regardless of ownership, including City-
owned poles. Such term shall not include structures supporting only Wireless
Telecommunication Service Facilities. Any pole in excess of 50 feet shall be deemed a tower.
Section 6. If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or
invalidate the remainder of this local law.
Section 7. Pursuant to Section 22 of this state’s Municipal Home Rule Law, this local
law shall modify and supersede any provisions of state statute which are inconsistent with the
terms of this local law.
Section 8. This local law shall take effect immediately upon filing with this state's
Secretary of State.
RESOLVED that the Town Clerk shall file a certified original of this local law in the
office of the Town Clerk and one (1) certified copy in the Office of the Secretary of State, State
of New York, such certified copy to have attached thereto a certificate that it contains the correct
text of the enactment of this local law.
13
The foregoing resolution was voted upon with all councilmen voting as follows:
Supervisor Bell __________
Councilman Luna __________
Councilman Jessup __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
_______________________________________
CHRISTINE O'REILLY-RAO, TOWN CLERK
U:\DOCS\00070\01134\LL\24T8739.DOC
1
RESOLUTION
Supervisor Bell offered the following resolution, which was
seconded by Councilman _________, who moved its adoption:
WHEREAS, the Town of LaGrange entered into a franchise
agreement with US Cablevision Corporation, dated May 13, 1992,
whereby the Town of LaGrange granted US Cablevision Corporation
a non-exclusive franchise to construct, own and operate a cable
television system within the Town of LaGrange; and
WHEREAS, Cablevision of Wappingers Falls, Inc. acquired
certain assets from AT&T Corp. as successor in interest to US
Cablevision Corporation including the cable television system in
the Town of LaGrange on January 3, 2001; and
WHEREAS, Cablevision of Wappingers Falls, Inc. has offered
a proposed contract for the renewal of its existing Franchise
Agreement with the Town of LaGrange; and
WHEREAS, a public hearing on the proposed contract was held
on May 8, 2019; and
WHEREAS, a copy of the proposed contract is annexed hereto
as Schedule “A”;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board
approves, and authorizes the Supervisor to execute the proposed
contract granting Cablevision of Wappingers Falls, Inc. a non-
exclusive franchise to construct, own and operate a cable
2
television system within the Town of LaGrange for a ten (10)
year period.
The foregoing resolution was voted upon with all councilmen
voting as follows:
Supervisor Bell __________
Councilman Luna __________
Councilman Jessup __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
____________________________
CHRISTINE O’REILLY-RAO,
TOWN CLERK
U:\DOCS\00070\00512\RESOLUTION\24T8596.DOC
1
RESOLUTION
______________________, offered the following resolution,
which was seconded by ______________, who moved its adoption:
WHEREAS, the Town has audited the franchise fees due and
payable to the Town by Cablevision of Wappingers Falls, Inc.
(the “Franchisee”), during the period from January 1, 2011 to
December 31, 2016 pursuant to the franchise agreement between
the Town and the Franchisee; and
WHEREAS, according to the audit, the Franchisee owes the
franchise fees for the period audited; and
WHEREAS, the Franchisee has agreed to pay the amount of
$40,000.00 pursuant to the terms of a certain Settlement and
Release Agreement, a copy of which has been submitted to and
reviewed by the members of the Town Board.
NOW, THEREFORE, BE IT RESOLVED that the Town Board approves
and authorizes the Supervisor to execute the Settlement and
Release Agreement between the Town of LaGrange and Franchisee.
2
The foregoing resolution was voted upon with all councilmen
voting as follows:
Supervisor Bell __________
Councilman Jessup __________
Councilman Luna __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
_____________________________
CHRISTINE O'REILLY-RAO,
TOWN CLERK
U:\DOCS\00070\00462\RESOLUTION\24K6359.DOC
1
RESOLUTION
TOWN OF LAGRANGE TOWN BOARD
2018 COMPREHENSIVE PLAN AMENDMENT & PROPOSED ZONING CHANGES
WHEREAS, the Town of LaGrange Town Board is the sole involved agency of the
Proposed Action known as 2018 Comprehensive Plan Amendment & Proposed Zoning changes
under the State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, the Proposed Action consists of adoption of amendments to 2005
Comprehensive Plan and Map and a local law amending the zoning map to change two (2)
parcels west of the Taconic State Parkway from TC-B to C and fourteen (14) parcels east of the
Taconic State Parkway from GB to C; and
WHEREAS, as the Lead Agency under SEQRA, the Town Board is required to issue a
Findings Statement for the Proposed Action.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of
LaGrange, as the Lead Agency, hereby adopts and issues the SEQRA Findings Statement for the
Proposed Action known as 2018 Comprehensive Plan Amendment & Proposed Zoning changes.
The foregoing resolution was voted upon with all councilmen voting as follows:
Supervisor Bell __________
Councilman Jessup __________
Councilman Luna __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
____________________________________
CHRISTINE O’REILLY-RAO, Town Clerk
1
Lead Agency Findings Statement
State Environmental Quality Review (SEQRA) for
2018 Comprehensive Plan Amendment & Proposed Zoning Changes
Town of LaGrange, Dutchess County
This findings statement is issued after due consideration and pursuant to Article 8 of the Environmental
Conservation Law and 6 NYCRR Part 617. The Town Board of the Town of LaGrange, as Lead Agency, finds
the facts and conclusions detailed below to support the findings on the action described below.
NAME OF ACTION: 2018 Comprehensive Plan Amendment & Proposed Zoning changes
SEQRA STATUS: Type 1
NAME OF LEAD AGENCY: Town of LaGrange
FINDINGS STATEMENT ADOPTED: May 8, 2019
DESCRIPTION OF ACTION:
The Town of LaGrange is proposing an amendment to the Town’s 2005 Comprehensive Plan,
recommending a change in future land use and development around the intersections of State Route 55
and the Taconic State Parkway and State Routes 82 and 55. Based on this amendment, revisions to the
Zoning Map are also proposed to change 14 parcels on the east side of the Parkway from General Business
(GB) to Commercial (C) and two (2) parcels on the west side of the Parkway from Town Center-Business
(TC-B) to Commercial (C). Those parcels include the following tax lot numbers (and addresses):
802900
(1215 Route 55)
823867
(1220-1224 Route 55)
945946
(22 Taconic Center Lane)
417899
(1456 Route 55)
473908
(1474 Route 55)
492906
(1482 Route 55)
504909
(1486 Route 55)
530919
(1496 Route 55)
541906
(1498 Route 55)
546919
(1502-1504 Route 55)
457972
(Route 55)
501968
(1477 Route 55)
515970
(1489 Route 55)
546974
(1493 Route 55)
564958
(Route 82)
601974
(2295 Route 82)
The intent of these amendments is to provide opportunities for future development in these areas where
development has been stagnant or otherwise limited since the completion of the 2005 Comprehensive
Plan and subsequent zoning code updates. Many of the uses that currently exist in these areas have
existed for some time. Most are pre-existing, non-conforming with limitations on changes, expansion, or
growth. The uses of most of the parcels, given their location and current state of development, are more
consistent with the uses and site development allowed in the Commercial district as compared to the
2
General Business or the Town Center-Business district. The current use and development of the
properties define community character and establish a de facto aspect of the Town’s Comprehensive Plan.
The zoning map changes are designed to promote land use development patterns that still fit with the
overall goals and policies of the Town and promote reasonable growth in the Town, taking into context
shifts in economic and market changes since 2005.
LOCATION:
As noted above, the location of the rezoning is generally on State Route 55 at the intersection of the
Taconic State Parkway and the intersection of State Route 82 and several parcels west of that intersection.
AGENCY JURISDICTION:
The Town Board has the sole authority to adopt the proposed Comprehensive Plan and Zoning
amendments. The Zoning amendments, which include only map amendments, are proposed under §265
of New York State Town Law, Article X of the Town Zoning Code, and Section 10 of the New York State
Municipal Home Rule Law. The Dutchess County Department of Planning has review responsibilities
under General Municipal Law §239-m, but no approval authority.
1. SEQRA PROCEDURAL HISTORY
The SEQRA process undertaken for this project includes the following:
11/28/2018 Declaration of Lead Agency
11/28/2018 Determination of Significance/Positive Declaration
11/08/2018 DGEIS submitted to the Town of LaGrange Town Board
11/28/2018 Acceptance of DGEIS, Notice of Completion of the DGEIS and setting of the public
hearing date
03/13/2019 Public Hearing on DGEIS at Town of LaGrange Town Hall
03/25/2019 Deadline for written comments
04/08/2019 FGEIS submitted to the Town of LaGrange Town Board
04/10/2019 Acceptance of the FGEIS by the Town Board and Notice of Completion
04/11/2019 Notice of Completion forwarded for Publication in the Environmental Notice Bulletin
2. INTRODUCTION
The purpose of this findings statement is to complete the environmental review process for the
Proposed Action which includes amendments to the Comprehensive Plan and the enactment of
amendments to the zoning map for the Town of LaGrange. Pursuant to the State Environmental
Quality Review Act, Article 8 of the New York Environmental Conservation Law ("SEQRA") and its
implementing regulations, 6 N.Y.C.R.R. Part 617, this Findings Statement:
i. considers the relevant environmental impacts, facts and conclusions disclosed in the Complete
GEIS (as hereinafter defined) prepared in connection with the Proposed Action;
3
ii. weighs and balances relevant environmental impacts with social, economic and other
considerations;
iii. provides a rationale for the Town Board's decision with respect to the Proposed Action;
iv. certifies that all SEQRA requirements have been met; and
v. certifies that consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the Proposed Action is one that avoids or minimizes adverse
environmental impacts to the maximum extent practicable, and that adverse environmental
impacts will be avoided or minimized to the maximum extent practicable by incorporating as
conditions to the decision those mitigative measures that were identified as practicable.
Consistent with SEQRA, this Findings Statement describes the Proposed Action as noted above, the
environmental review process, summarizes the relevant conclusions of the Complete GEIS (as defined
below) and the environmental impacts of the Proposed Action and reasonable alternatives identified
therein, weighs and balances the environmental impacts of the Proposed Action with its anticipated
benefits and other relevant considerations and provides the explanation for its determination, and
provides the certifications mandated by SEQRA.
3. FACTS AND CONCLUSIONS RELIED UPON TO SUPPORT THE DECISION
After due consideration of the DGEIS, FGEIS and the public record, the Town Board has before it Local
Law No. 1 of 2019. The Town Board finds that both the DGEIS and the FGEIS have demonstrated that
the review of the Proposed Action satisfies the requirements of Environmental Conservation Law and
the SEQRA regulations. The DGEIS included an environmental evaluation of the Proposed Action’s
potential effects on several resource issues in the Town, most notably traffic, water resources, cultural
resources, land use, and zoning, consistent with community values ascertained within the
Comprehensive Plan. The Town Board also reviewed alternatives, growth inducing impacts, and
effects on the use and conservation of energy.
Additionally, the Town Board finds that the GEIS does not preclude the need for additional site-specific
environmental reviews for future development projects or public actions undertaken with respect to
the proposed Zoning amendments. Future development proposals will undergo separate
environmental reviews as part of the appropriate approval processes of the Town Planning Board,
Town Board, and other local, State and Federal agencies as appropriate. To the extent that certain
impacts may require further analysis, it is recognized that the Final GEIS may be supplemented
pursuant to 6 NYCRR Part 617.10(d). No further SEQR compliance is required if a subsequent
proposed action will be carried out in conformance with the conditions and thresholds established for
such actions in the GEIS and its Findings Statement.
The Town Board makes the following specific findings associated with each topical area:
a. Land Use and Zoning
The Study Area is located along State Route 55 at the intersections of the Taconic State Parkway
and State Route 82, east of the planned Town Center development area. The majority of the
existing land uses are devoted to non-conforming commercial enterprises including a mixed use,
4
multi-unit self-storage facility; construction yard; several gas and convenience stores; former gas
station; above ground fuel storage; and construction office and yard. Several other non-
commercial, vacant structures exist including a multi-structure residential lot and a two-family
residential building. These parcels are outside of the primary development area known as “Town
Center” in which LaGrange has been actively working since the 1970’s to create a walkable,
Village-like area with a mix of residential and commercial developments. Town Center has a
distinctively different character outlined in the Town Comprehensive Plan and reflected in the
zoning districts assigned to this area. The sixteen (16) parcels subject the Proposed Action are
well outside of Town Center, with the closest being location approximately 1,200+ feet east of the
easternmost roundabout on State Route 55, representing the east extent of the proposed Town
Center. The two parcels on the west side of the Taconic State Parkway along State Route 55 that
are currently zoned for Town Center-Business and proposed to be Commercially zoned are
located at the outer fringes and beyond of the desired walkable character/village setting that is
desired by the community for Town Center. The proposed zoning map changes are limited to a
relatively localized area of the Town and located along busy state highways where uses that are
permitted in the proposed Commercial District are more desirable and appropriate as compared
to those in Town Center.
It should be noted that for specific development proposals prepared and submitted to the Town
for these parcels, an environmental review/assessment will be undertaken through SEQRA to
assist in the evaluation of conformance with the GEIS and this Findings Statement, as well as any
potential adverse impacts related to such action, in coordination with NYSDOT as necessary for
work proposed at or along the right-of-way of State highways.
The Town Board finds that the proposed change in zoning is both compatible and consistent with
the existing and surrounding uses. The change in zoning, from Town Center Business and General
Business to Commercial, retains the existing character of the area and maintains the commercial
enterprises. This change does allow additional commercial uses, several that already exist, to be
developed in accordance with existing Town standards and regulations pertaining to them. In
general, the zoning change is in conformance with the existing land use patterns. Changing
economic and market conditions support the re-evaluation of the zoning of these areas and the
subsequent rezoning as supported within Section 2.0 of the Generic Environmental Impact
Statement.
b. Traffic and Vehicular Circulation
State Route 55, State Route 82, and the Taconic State parkway are the primary thoroughfares that
service the parcels subject to this rezoning, classified as a principal arterial, major collector, and
principal arterial expressway, respectively, providing high capacity transportation within the
Town, County, and the greater Hudson Valley region. As a result, they are under the jurisdiction
of the NYS Department of Transportation and designed to accommodate higher volumes of traffic.
The GEIS identifies the daily traffic volumes for the State Route 55 corridor with the existing land
uses as 2,977 daily trips – the roadway currently handles an average of upwards of 18,500 daily
vehicles while still maintaining a level of service (LOS) of C. Level of service is a qualitative
measurement used by transportation engineers to analyze and classify how well a roadway
functions ranging from A (free flowing) to F (breakdown flow). Calculations and methodology for
determining LOS are provided by State and Federal transportation standards in the Highway
5
Design Manual. From a traffic management and operations perspective, it is generally accepted
that a LOS of “C” or “D” is the preferred level for a roadway, indicating that the facility is built
accordingly and balances volume and capacity to an adequate level.
Given the breadth of permitted uses afforded to the parcels under the proposed rezoning, many
different assumptions could be made on the future development of the parcels; each parcel could
be re-developed with a separate business or potentially multiple parcels could be combined to
make room for a large business. There is only one empty parcel and two parcels that have
structures on them but are not currently being used at this time (any proposed developments
under consideration by the Town notwithstanding). The GEIS developed a list of potential uses
and their corresponding daily trips using the Institute of Transportation Engineers Trip Generation
Manual (10th Edition), identified the largest potential traffic generator, and factored that into a
“worst case scenario” for future transportation impacts. Given the existing AADT of the roadway
(13,761) and this reference information, this section of State Route 55 can handle up to 14,300
vehicles per day (VPD) to maintain a LOS of C or better; up to 20,600 VPD would be LOS “D” and
beyond that would be LOS “E” or lower. In conclusion, the corridor can effectively handle
additional volume and still maintain its current LOS and continue to function effectively.
The Town Board finds that the traffic analysis was prepared using a methodology recommended
by the New York State Department of Transportation. The generation analysis for a theoretical
build-out of the Study Area provides the “worst case scenario” of anticipated traffic impact that
can be expected as a result of future anticipated development with the understanding that no
specific development is proposed and that numerous scenarios for development may occur. In
addition, with the presence of the two State highways (Route 55 and 82) in the subject area, local
transportation review by the Town in the site plan process is limited to internal circulation of
properties, though done in conjunction NYS DOT; DOT has jurisdiction over access, volumes, lane
configurations, traffic signals, and intersections of the roadway itself.
c. Water Resources
The GEIS describes the various water resources found in the study area and notes both above and
below ground elements. Sprout Creek traverses State Route 55 as well as several other smaller
unnamed tributaries and associated floodplains, though these are found primarily east of the
Taconic State Parkway and State Route 55 intersection. The Town Board finds that the protection
of water resources to be critical for the future development of the Study Area as the Town relies
upon well water for domestic needs and it is likely that any private water supply that may be
developed in the Study Area in the future will rely on groundwater wells. It is essential to ensure
there is an adequate and safe supply of drinking water for residents, both existing and future.
Furthermore, the Town's water resources are intrinsically linked to the biodiversity of the area
along with the Town's natural beauty and potential for recreation. Currently, the Town has
several water resource regulations in place to protect, and prohibit, development on or near these
water resources, including Chapter 120 (Flood Damage Prevention), Chapter 124 (Freshwater
Wetlands), Chapter 240-18 (Stream Corridor Overlay Zone), and Chapter 240-31 (Groundwater
Protection). Furthermore, the County Department of Health (DOH) regulates and permits the
construction of private water wells, providing another level of review. Coupled with DOH
oversight, the various Town regulations provide setback distances, prohibitions on certain uses,
6
design standards, and site plan review of any proposed uses that would be proposed in the Town
regardless of zoning district classification and solely based on the presence of such a resource.
d. Cultural Resources
Within the Study Area, the Taconic State Parkway is the only noted cultural resource, contiguous
to only three of the parcels in the Study Area. However, as the Proposed Action does not involve
physical development, no direct impacts are anticipated. Additionally, the Parkway is an overpass
in this area with significant screening from dense vegetation – this vertical separation and
buffering significantly limits visibility to and from the Parkway. Travelers get only a brief view on
either side of the Parkway as it crosses State Route 55. In conjunction with the Town’s site plan
review processes, the standard environmental review process for any proposed projects includes
consultation with the State Historic Preservation Office (SHPO) as necessary to coordinate any
potential impacts, including physical disturbance and visual, and provide necessary
recommendations. This holds true for any all properties “contiguous” to the Parkway, including
those not subject to the Proposed Action. A Corridor Management Plan was developed for the
Parkway that can also be utilized for potential projects, providing further guidance and
recommendations for minimizing visual impacts. The Town Board finds that no adverse impacts
have been identified as a result of the proposed zoning amendments. Therefore, no mitigation
measures are necessary other than the identified need for conducting cultural resource studies
on all properties within the Study Area during the SEQRA review processes. For any construction
that is proposed within the Study Area, an in-depth cultural resource investigation may be
required to assess any potential adverse impacts on cultural resources
e. Mitigation and Alternatives
Neither the DGEIS nor the FGEIS identified any significant adverse environmental impacts as a
result of any of the zoning amendments within the Study. In fact, implementation of the rezoning
will reduce non-conformance of several of the properties and increase opportunities for
development while protecting environmental quality and retaining the overall existing character
of the corridor. Two alternatives were examined in the DGEIS, including the “No Action–Null”
Alternative, in which the rezoning would not occur and any existing development and future
development within the study area would continue as it has. Under this alternative, little, if any,
changes in the Project Area would likely occur following the previous change in zoning in 2005,
potentially detracting from any future development. This was determined to not meet the goals
of the community and was neither favorable to the residents of the Town nor protective of the
environment.
The other alternative considers rezoning of the parcels to other existing zoning districts. Based
on the existing uses in these areas, no other zoning districts currently available in the Town’s
Zoning Code (Chapter 240) would apply. Modifications to the existing Commercial (C) District for
the sake of these areas would impact the much larger commercially-zoned areas on the western
end of State Route 55 between the Poughkeepsie Town line and the electric transmission corridor
which crosses Route 55 near Mandalay Drive.
As noted, any project proposed within the study area will still be fully governed by the
requirements of SEQRA on the state and local level. Since any significant future development will
require, at minimum, a discretionary site plan approval by the Planning Board of the Town of
7
LaGrange, the potential environmental impacts of such actions will be required to be assessed
through the submission of an Environmental Assessment Form (EAF).
f. Unavoidable Adverse Impacts
The Town Board finds that the proposed action would not result in any unavoidable adverse
environmental impacts. It should be noted that the anticipated future development of lands
under the proposed rezoning will likely result in impacts typical of all development, such as
demand for community services; increased solid waste generation; increased water use and
sewage generation; increased usage of electricity and energy resources; and increased traffic. As
part of the site plan, review, and permitting process that is currently in place for any proposed
development projects within the Town, including subsequent environmental reviews subject to
SEQRA, all of these potential impacts would be thoroughly analyzed with changes to the proposed
project and/or mitigation measures identified to address impacts.
g. Growth Inducing Impacts
The Town Board finds that Proposed Zoning will continue to manage future growth and
development in a manner consistent with the Comprehensive Plan. Adoption of the Zoning
Amendments does not create any specific growth inducements, but acknowledges that growth is
occurring, and that it can be properly planned and designed in accordance with residents wishes
and continued to be managed lawfully through the existing standards and regulations in place. In
addition, there is substantial overlap in uses between the General Business and Town Center
districts as outlined above and the proposed rezoning of these properties to Commercial seeks to
steer development that is not encouraged or appropriate within Town Center to these other areas
where they are compatible and appropriate.
Infrastructure, especially water and sewer, are important considerations with the zoning
amendments. Currently, these utilities are limited/unavailable east of the Taconic State Parkway
with the vast majority of the subject properties relying on private water and septic systems; at
present, there are no plans to extend public water and sewer to these areas. Therefore, the
development potential for parcels east of the Parkway is limited to the extent that the individual
properties can support on-site septic systems and/or provide sufficient private water, with
regulations set forth by the State Departments of Health and Environmental Conservation for
distance separation and water quality. Though the proposed action will result in opportunities
for additional uses above what is currently permitted, it is not anticipated that the action will
result in significantly higher levels of growth than that which could be expected under the existing
zoning. Over time if development does increase in these areas, a case could be made for water
and sewer extension, thereby increasing more growth potential at that time; however, an
extension of this magnitude would be subject to its own environmental review, with
considerations given to any development that is actually constructed at that time.
h. Effects on the Use and Conservation of Energy
The Town Board finds that the proposed action would not result in any adverse environmental
impacts on the use and conservation of energy.
8
i. Effects on Solid Waste Management
The Town Board finds that the proposed action would not result in any adverse environmental
impacts on solid waste management.
j. Impacts on Public Acquisitions of Land
The Proposed Action does not include any public acquisitions of land. As such, the Town Board
finds that the proposed action would not result in any adverse environmental impacts.
4. CONSISTENCY WITH DRAFT AND FINAL GENERIC ENVIRONMENTAL IMPACT STATEMENTS
The Town Board has determined that the Draft GEIS and Final GEIS documents, the public hearing on
the Draft GEIS, and the period for public consideration of the Final GEIS are sufficient to inform the
public of all environmental aspects of the Proposed Action's effects. The Town Board has also
determined that the Proposed Action will achieve the goals of this Finding Statement, avoids or
minimizes environmental impacts to the maximum extent practicble and provides the necessary
balance between protection of the environment and the need to accommodate social and economic
considerations. All such measures are incorporated by reference in this Findings Statement as if they
were enunciated herein.
5. CONCLUSION
After due consideration and pursuant to Article 8 of the Environmental Conservation Law and 6 NYCRR
Part 617, the Town Board of the Town of LaGrange, as Lead Agency, finds the facts and conclusions
detailed below to support the findings on the action described herein.
The Town Board has relied on facts, stipulations and conditions brought out during the public review
process to certify that:
i. The Lead Agency has given consideration to the Environmental Impact Statement;
ii. The requirements of 6 NYCRR 617 have been met;
iii. The Town Board as Lead Agency has considered the relevant environmental impacts, facts and
conclusions disclosed in the DGEIS and FGEIS;
iv. Consistent with the social, economic and other essential considerations from among the
reasonable alternatives avaiable, the action to be approved minimizes or avoids adverse
environmental impacts to the maximum extent practicable, including the effects disclosed in the
Generic Environmental Impact Statement;
v. Consistent with the social, economic and other essential considerations, to the maximum extent
practicable, adverse environmental impacts revealed in the Generic Environmental Impact
Statement process for Local Law No. 1 of 2019 will be minimized or avoided by incorporating as
conditions to the decision those mitigation measures, as applicable, which were identified as
practicable.
9
vi. This written findings statement contains facts and conclusions in the Generic Environmental
Impact Statement (here or by reference) relied upon to support its decision and indicates social,
economic and other factors and standards which form the basis of its decision.
Alan Bell, Supervisor Town of LaGrange, Dutchess County
120 Stringham Road
LaGrangeville, NY 12540
Date
RESOLUTION TO AMEND
THE TOWN OF LAGRANGE COMPREHENSIVE PLAN
Supervisor Bell introduced the following resolution, which was seconded by Councilman
_____________ who moved its adoption:
WHEREAS, the Town Board is responsible for preparation and adoption of the Town
Comprehensive Plan, pursuant to Town Law §272-a; and
WHEREAS, the Town Board held a public hearing on March 13, 2019, for the purpose of
obtaining public input on certain amendments of the Comprehensive Plan; and
WHEREAS, the Town Board has reviewed the potential environmental impacts of the
action pursuant to the State Environmental Quality Review Act.
NOW, THEREFORE, BE IT RESOLVED that the Town Board adopts the amendments
to the Town of LaGrange Comprehensive Plan described in the Resolution of Introduction
adopted by the Town Board on November 28, 2018.
The foregoing resolution was voted upon with all councilmen voting as follows:
Supervisor Bell __________
Councilman Luna __________
Councilman Jessup __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
____________________________________
CHRISTINE O’REILLY-RAO, Town Clerk
1
RESOLUTION
__________________________ offered the following resolution which was seconded by
_________________________, who moved its adoption:
WHEREAS, a local law was introduced to be known as Local Law No. ___ of 2019,
entitled A LOCAL LAW OF THE TOWN OF LAGRANGE, DUTCHESS COUNTY, NEW
YORK, AMENDING THE ZONING MAP ESTABLISHED BY SECTION 240-22 OF
CHAPTER 240, “ZONING”, OF THE LAGRANGE TOWN CODE IN ORDER TO CHANGE
THE ZONING DISTRICT DESIGNATION OF FOURTEEN (14) PARCELS LOCATED IN
THE ROUTE 55/82 AREA OR LOCATED ON ROUTE 55 IMMEDIATELY EAST OF THE
TACONIC STATE PARKWAY IN THE CASE OF TAX PARCEL NUMBER 133400-6460-
02-945946 FROM THE GENERAL BUSINESS (“GB”) ZONING DISTRICT TO THE
COMMERCIAL (“C”, FORMERLY C-1) ZONING DISTRICT, AND IN ORDER TO
CHANGE THE ZONING DISTRICT DESIGNATION OF TWO (2) PARCELS LOCATED ON
ROUTE 55 IMMEDIATELY TO THE WEST OF THE TACONIC STATE PARKWAY FROM
THE TOWN CENTER BUSINESS (“TCB”) ZONING DISTRICT TO THE COMMERCIAL
(“C”, FORMERLY C-1) ZONING DISTRICT; and
WHEREAS, a public hearing in relation to said local law was held on March 13, 2019 at
7:00 p.m., prevailing time; and
WHEREAS, notice of said public hearing was given pursuant to the terms and provisions
of the Municipal Home Rule Law of the State of New York; and
WHEREAS, said local law has been on the desks of the members of the Town Board of
the Town of LaGrange for at least seven (7) days, exclusive of Sunday;
NOW, THEREFORE, BE IT RESOLVED that the following local law is hereby enacted:
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Section 1. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-501968 at 1477 Route 55
Section 2. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-515970 at 1489 Route 55
Section 3. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-546974 at 1493 Route 55
Section 4. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-564958 at Route 82 (unimproved)
3
Section 5. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-601974 at 2295 Route 82
Section 6. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-546919 at 1502-1504 Route 55
Section 7. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-541906 at 1498 Route 55
Section 8. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-530919 at 1496 Route 55
4
Section 9. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-02-504909 at 1486 Route 55
Section 10. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-01-492906 at 1482 Route 55
Section 11. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-01-473908 at 1474 Route 55
Section 12. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-01-417899 at 1456 Route 55
5
Section 13. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6560-01-457972 at 1463 Route 55
Section 14. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the General Business (“GB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6460-02-945946 at 22 Taconic Center Lane
Section 15. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the Town Center Business (“TCB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6460-02-802900 at 1215 Route 55
Section 16. The Zoning Map established by Section 240-22 of Chapter 240 of the
LaGrange Town Code is amended to change the zoning district designation of the following
parcel in the Town of LaGrange from the Town Center Business (“TCB”) zoning district to the
Commercial (“C”) zoning district:
LaGrange Tax Parcel Number 133400-6460-02-823867 at 1220 –1224 Route 55
6
Section 17. If any section of this local law shall be held unconstitutional, invalid, or
ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or
invalidate the remainder of this local law.
Section 18. This local law will take effect upon the filing with the Secretary of State as
prescribed by law.
Section 19. The Town Board makes the following findings under Section 240-101(A)
of the Town Code:
(1) The proposed change is not contrary to the Town’s Comprehensive Plan. As a
part of this action, the Comprehensive Plan has been amended to reflect the zone
changes in this legislation.
(2) The following parcels are already devoted to commercial uses as non-conforming
uses: the parcel identified within Section 12 of this Local Law at 1456 Route 55
(mixed-uses including multi-unit self-storage facilities and an open storage for
vehicles and miscellaneous materials); the parcel identified within Section 9 of
this Local Law at 1486 Route 55 (construction yard); the parcel identified within
Section 7 of this Local Law at 1498 Route 55 (2-family Residential associated
with adjoining gas station parcel); the parcel identified within Section 6 of this
Local Law at 1502 Route 55 (gas station and convenience store); the parcel
identified within Section 13 of this Local Law at Route 55 (several structures
including a house and several garages, sheds and outbuildings); the parcel
identified within Section 16 of this Local Law at 1220-1224 Route 55 (gas station
and convenience store); the parcel identified within Section 15 of this Local Law
at 1215 Route 55 (retains structures and site development related to a former gas
station and convenience store despite the exhaustion of its non-conforming use
status); the parcel identified within Section 8 of this Local Law at 1496 Route 55
(a non-conforming use devoted to above ground fuel storage and distribution),
and the parcel identified within Section 11 of this Local Law at 1474 Route 55
(devoted to a non-conforming construction office and construction yard, and the
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site enjoys a prior area variance based on its nonconformity). Given the above,
the re-zoning to uses and site development allowed in the C zone is consistent
with neighborhood character.
(3) The change of zone for these parcels is compatible with existing land use patterns.
The parcels are already devoted to commercial uses as non-conforming uses.
The re-zoning is consistent with neighborhood character.
(4) The change of zone does not create an isolated district. The parcels form part of a
commercial node extending from west of the Taconic State Parkway to Route 82
along Route 55.
(5) The change of zone will not increase or overtax public facilities, given the fact
that the uses of the properties are already existing and non-conforming uses.
(6) The revised zoning boundaries are not illogically drawn. The purpose of the local
legislation is to promote commercial development where it already exists in a
fashion which overcomes historic stagnation of development.
(7) Changing conditions support the re-zoning as summarized within Section 2.0 of
the accompanying Draft Generic Environmental Impact Statement. The
legislation promotes public benefit in a time of residential real estate recession
and severe limitations on percentage increases of townwide tax levies.
Development of commercial assessed valuation (“ratables”) is important.
(8) The proposed change will not adversely influence neighborhood living conditions
given the exiting non-conforming uses.
(9) The proposed re-zoning will not create an excessive increase in traffic congestion
along NYS Route 55 or NYS Route 82.
(10) The proposed change will not create a drainage problem or adversely impact
subsurface resources. All new uses will require special permit or site plan review
and approval by the Planning Board which typically includes conditions
protecting or mitigating impacts on environmental encumbrances. This is an
inherent mitigation measure.
(11) The proposed change of zone will not reduce light and air to adjacent areas. The
sites are currently non-conforming uses.
8
(12) The proposed change will not adversely affect property values in adjacent areas
which are located along NYS Route 55 and NYS Route 82.
(13) The proposed change will not deter improvement or development of adjacent
property under existing regulations.
(14) The proposed change will not grant a special privilege to the lot owners in
contrast to the public welfare. It will convert non-conforming uses to conforming
uses and promote the upgrade of site development for such uses.
(15) The properties are used as non-conforming uses. Conversion of non-conforming
uses to conforming uses is a substantial reason for the zoning change (see Section
2.0 of the DGEIS).
(16) The proposed change of zone is not out of scale with the needs of the
neighborhood or the Town. For instance, the parcel which is the subject of
Section 16 of this Local Law is situated at least 1,200 feet to the east of the
easterly edge of the Illustrative Plan for development of the Town Center area; it
is not genuinely walkable from the Town Center area; it is far removed from the
Town Center area and tucked close to and well beneath the Taconic State
Parkway overpass over Route 55. The parcel which is the subject of Section 15 of
this Local Law is equally situated at least 1,200 feet to the east of the easterly
edge of the Illustrative Plan for development of the Town Center area; it is not
genuinely walkable from the Town Center area; it is far removed from the Town
Center area and tucked close to and well beneath the Taconic State Parkway
overpass over Route 55.
Section 20. The Town Board makes the following findings under Section 240-101(A)
of the Town Code with respect to the parcel identified within Section 14 at 22 Taconic Center
Lane:
(1) The proposed change is not contrary to the Town’s Comprehensive Plan. As a
part of this action, the Comprehensive Plan has been amended to reflect the zone
changes in this legislation.
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(2) This parcel is devoted to commercial uses established under the name of Taconic
Center. There is a partially approved site development plan for Taconic Center.
The initial commercial use is a fitness center. The re-zoning from GB to C is
consistent with neighborhood character. The site is situated close to and
significantly below the Taconic State Parkway overpass above NYS Route 55. It
is separated by the Taconic State Parkway, a limited access highway, from any
Town Center area development. It is a significantly greater distance from the
easterly edge of the Town Center Illustrative Plan of development than the parcels
situated to the west of the Taconic State Parkway.
(3) The change of zone for this parcel is compatible with existing land use patterns
along NYS Route 55. The parcel is already devoted to commercial use. The re-
zoning is consistent with neighborhood character.
(4) The change of zone does not create an isolated district. The parcel forms part of a
commercial node extending from the westside of the Taconic State Parkway.
(5) The change of zone will not increase or overtax public facilities, given the fact
that the commercial use of the property already exists.
(6) The revised zoning boundary is not illogically drawn. The purpose of the local
legislation is to promote commercial development where it already exists in a
fashion which overcomes historic stagnation of development.
(7) Changing conditions support the re-zoning as summarized within Section 2.0 of
the accompanying Draft Generic Environmental Impact Statement (“DGEIS”).
The legislation promotes public benefit in a time of residential real estate
recession and severe limitations on percentage increases of townwide tax levies.
Development of commercial assessed valuation (“ratables”) is important.
(8) The proposed change will not adversely influence neighborhood living conditions
given the pre-exiting commercial use.
(9) The proposed re-zoning will not create an excessive increase in traffic congestion
along NYS Route 55 or NYS Route 82.
(10) The proposed change will not create a drainage problem or adversely impact
subsurface resources. All amended site development allowed under the C zone
10
will require special permit or site plan review and approval by the Planning Board
which typically includes conditions protecting or mitigating impacts on
environmental encumbrances. This is an inherent mitigation measure. The
standards for development within floodplains, wetlands, or stream corridors such
as Sprout Creek are self-limiting of the permissible scale of amended site
development.
(11) The proposed change of zone will not reduce light and air to adjacent areas.
(12) The proposed change will not adversely affect property values in adjacent areas
which are located along NYS Route 55.
(13) The proposed change will not deter improvement or development of adjacent
property under existing regulations.
(14) The proposed change will not grant a special privilege to the lot owner in contrast
to the public welfare. It will convert existing commercial uses and site
development into a wider set of commercial potentials.
(15) Conversion of existing commercial development to a wider range of potential
uses is a substantial reason for the zoning change (see Section 2.0 of the DGEIS)
to mitigate stagnation, tax caps, and to enhance commercial ratables.
(16) The proposed change of zone is not out of scale with the needs of the
neighborhood or the Town.
Section 21. The Town Board makes the following findings under Section 240-101(A)
of the Town Code:
(1) The proposed change is not contrary to the Town’s Comprehensive Plan. As a
part of this action, the Comprehensive Plan has been amended to reflect the zone
changes in this legislation.
(2) The following parcels are already devoted to commercial uses or are situated
within nodes of development devoted to commercial uses: the parcel identified
within Section 1 of this Local Law at 1477 Route 55 is devoted to a pool store
with commercial site development; the parcel identified within Section 2 of this
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Local Law at 1489 Route 55 is devoted to out-of-character single family
residential use; the parcel identified within Section 3 of this Local Law at 1493
Route 55 is devoted to a single story commercial structure of neglected
maintenance, a u-shaped driveway providing two points of access to Route 55,
and the storage of construction and utility materials and utility trailers; the parcel
identified within Section 4 of this Local Law at Route 82 (tax lot number 564958)
is 3 acres of unimproved vegetated land situated near the intersection of two state
highways which is zoned for commercial use under the GB designation but which
is undeveloped despite lacking environmental encumbrances; the parcel identified
within Section 5 of this Local Law at 2295 Route 82 is an out-of-character single
family residential home which was rezoned to GB at request of the owner, and the
parcel has several outbuildings; and the parcel identified within Section 10 of this
Local Law at 1482 Route 55 is devoted to commercial food service with attendant
parking facilities, and the parcel is characterized by high rates of turnover of
businesses. Given the above, the re-zoning to uses and site development allowed
in the C zone is consistent with neighborhood character.
(3) The change of zone for these parcels is compatible with existing land use patterns
along NYS Route 55 and NYS Route 82. For the most part, the parcels are
already devoted to commercial use. The re-zoning is consistent with
neighborhood character.
(4) The change of zone does not create an isolated district. The parcels form part of
commercial nodes extending from west of the Taconic State Parkway to Route 82
along Route 55.
(5) The change of zone will not increase or overtax public facilities, given the fact
that the commercial uses of the properties already exist.
(6) The revised zoning boundary is not illogically drawn. The purpose of the local
legislation is to promote commercial development where it already exists in a
fashion which overcomes historic stagnation of development.
(7) Changing conditions support the re-zoning as summarized within Section 2.0 of
the accompanying Draft Generic Environmental Impact Statement (“DGEIS”).
12
The legislation promotes public benefit in a time of residential real estate
recession and severe limitations on percentage increases of townwide tax levies.
Development of commercial assessed valuation (“ratables”) is important.
(8) The proposed change will not adversely influence neighborhood living conditions
given the pre-exiting commercial uses.
(9) The proposed re-zoning will not create an excessive increase in traffic congestion
along NYS Route 55 or NYS Route 82.
(10) The proposed change will not create a drainage problem or adversely impact
subsurface resources. All amended site development allowed under the C zone
will require special permit or site plan review and approval by the Planning Board
which typically includes conditions protecting or mitigating impacts on
environmental encumbrances. This is an inherent mitigation measure.
(11) The proposed change of zone will not reduce light and air to adjacent areas.
(12) The proposed change will not adversely affect property values in adjacent areas
which are located along NYS Route 55 and NYS Route 82.
(13) The proposed change will not deter improvement or development of adjacent
properties under existing regulations.
(14) The proposed change will not grant a special privilege to the lot owners in
contrast to the public welfare. It will convert an area of existing commercial uses
and site development into a wider set of commercial potentials.
(15) Conversion of existing commercial development to a wider range of potential
uses is a substantial reason for the zoning change (see Section 2.0 of the DGEIS)
to mitigate stagnation and state tax caps, and to enhance commercial ratables.
(16) The proposed change of zone is not out of scale with the needs of the
neighborhood or the Town.
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RESOLVED that the Town Clerk shall file a certified original of this local law in the
office of the Town Clerk and one (1) certified copy in the Office of the Secretary of State, State
of New York, such certified copy to have attached thereto a certificate that it contains the correct
text of the enactment of this local law.
The foregoing resolution was voted upon with all councilmen voting as follows:
Supervisor Bell __________
Councilman Luna __________
Councilman Jessup __________
Councilwoman Wagner __________
Councilman Baright __________
DATED: LaGrangeville, New York
May 8, 2019
____________________________________
CHRISTINE O’REILLY-RAO, Town Clerk
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