Town of Pawling Town Board
Town Hall
160 Charles Colman Blvd
Pawling, NY 12564
TOWN BOARD Meeting
Wednesday, April 8, 2015 7:00PM
David P. Kelly, Supervisor
William Johnson, Deputy Supervisor / Councilman
Phil DeRosa, Councilman
Michael Montemarano, Councilman
Paul Upham, Councilman
Cathy Giordano, Town Clerk
Workshop Meeting Agenda
Roll Call of The Town Board
Pledge of Allegiance
Privilege of the Floor with respects to Agenda Items only (3 minutes)
Approval of Board Meeting Minutes
March 4, 2015
March 11, 2015
March 25, 2015
Consent Agenda
Non Consent Agenda
Further Business to Come Before the Board
Privilege of the Floor with respects to Agenda and Non – Agenda items (3 minutes)
Adjournment
Consent Agenda
Resolution 2015058 Payment of Bills for the Town of Pawling
Whereas, The Town of Pawling Bookkeeper has reviewed and prepared the vouchers and has offered them for review, and
Whereas, the vouchers have been approved in accordance with the Town of Pawling policy, and
Whereas, the vouchers have been numbered 2015____ to2015____, now therefore, be it
Resolved, that the Pawling Town Board hereby accepts the vouchers as prepared and on the recommendation of the Bookkeeper hereby authorizes payment of said vouchers for the Town of Pawling on this date in the amount of $___,______.
Resolution 2015060~~~~~~~~~ ~~Billing for Pawling Water District #2
Whereas, Pawling Water District #2 Bills need to be approved by the Pawling Town Board, and,
Whereas, the bills have been prepared and submitted in the amount of $—-______ for the period of January 1, 2015 through March 31, 2015 by the Water District Clerk, now therefore, be it
Resolved, that the Pawling Town Board hereby accepts the Billing as recommendation for Pawling Water District #2.
Non Consent Agenda
Resolution 2015059 Facility Use Requests – Waiver / Fees
Whereas, the Town of Pawling operates facilities that from time to time will be used by the public for events other than the Town’s own usage, and
Whereas, the Director of Recreation will periodically receive request to waive the fees, and
Whereas, the Town Board sets the fees for the use of facilities, now, therefore, be it
Resolved, that the following fees, reduction, or waiver(s) have been authorized by the Town Board:
Pawling Fish & Game Murrow Park May 9, 2015 6am to 3pm
Waive Fee(s)
Shore Haven Civic Assoc. HWLCA May 16, 2015 4:30pm to 6:30pm
$50.00
Pawling Knights of Columbus Lakeside Park Pavilion May 17, 2015 12pm to 8pm
Requested: $25.00 fee
Pawling American Legion Lakeside Park Pavilion May 25, 2015 10am to 2:30pm
Waive Fee(s)
Pawling Chamber Lakeside Park May 7, 2015 7pm to 9pm
Waive Fee(s)
RESOLUTION 2015061 SEQRA REVIEW OF THE PROPOSED AMENDMENTS TO Chapter 215
LOCAL LAW # ____ of 2015 & NEGATIVE DECLARATION ADOPTION
WHEREAS, the Town Board of the Town of Pawling is considering adoption of an amendment to Code Chapter 215, specifically section 215-28 to properly regulate Gas Filling Stations, Commercial Garages and Convenience Stores based upon review of drafts of provisions for the proposed local law; and
WHEREAS, the Town Board recognizes that the proposed local law is intended to amend the existing supplementary zoning regulations for these uses while defining separate related uses; and addressing design and aesthetic concerns related to their use; and
WHEREAS, a Short Environmental Assessment Form (Short EAF) has been prepared to address adoption of the local law as the “Proposed Action” pursuant to 6 NYCRR Part 617, New York State Environmental Quality Review Act (SEQRA) regulations;
WHEREAS, the Town Board has followed the necessary procedures in the planning, zoning and environmental review, in accordance with the Town Law of the State of New York, and the Town’s local laws in review of the proposed local law including the following:
Review of the existing zoning provisions and preparation of recommended amendments by the Planning Board and the Implementation Committee in consultation with the Zoning Board;
Authorizing the Town Clerk to issue notices and make referrals of the proposed zoning provisions to the Dutchess County Planning Department and other interested parties on January 14, 2015; and
Holding a public hearing on February 4, 2015;
NOW THEREFORE BE IT RESOLVED, that the Town of Pawling Town Board hereby classifies the Proposed Action as an Unlisted Action, pursuant to SEQRA section 617.4 and 617.6; and
BE IT FURTHER RESOLVED, that the Town Board hereby declares that it will be the Lead Agency in this SEQRA review as it is the only identified Involved Agency and, therefore, a Coordinated Review under SEQRA is not necessary pursuant to SEQRA section 617.6; and
BE IT FURTHER RESOLVED, that the Town Board, as Lead Agency, hereby determines that the proposed action will not have a significant impact on the environment and that a Draft Environment Impact Statement (DEIS) will not be required pursuant to SEQRA section 617.7; and
BE IT FURTHER RESOLVED, that the Town Board relies on the supporting reasons set forth in the SEQRA Negative Declaration Notice attached hereto; and
BE IT FURTHER RESOLVED, that the Town Board hereby adopts and enacts the proposed Amendments to the Code of the Town of Pawling Chapters 215, Zoning as set forth in Local Law No. __ of 2015, as prepared March 6, 2015; and
BE IT FURTHER RESOLVED, that a copy, or an electronic version as appropriate, of the adopted local law containing the Town’s code amendments, shall be filed with the Town Clerk; and
BE IT FURTHER RESOLVED, that printed copies of the adopted local law containing the Town’s code amendments, will be available at town hall; and electronic versions of the zoning will be available on the town’s website; and
BE IT FURTHER RESOLVED, that the Town Board directs the Town Clerk to cause a copy of the law to be filed with the Secretary of State and a summary of the adopted local law shall be published in a newspaper of general circulation in the town; and
BE IT FURTHER RESOLVED, that this resolution shall take effect immediately; and the adopted local law shall take effect immediately upon filing with the Secretary of State.~
Resolution 2015062 Approval Local Law __ of 2015
Titled; Gas Filling Stations, Commercial Garages and Convenience Stores
Whereas, the Town Board has considered amendments to Chapter 215 titled; Gas Filling Stations, Commercial Garages and Convenience Stores, and
Whereas, the Town Board has circulated such Local Law to all interested agencies for comment, and
Whereas the Town Board has held a Public Hearing on the proposed Local Law, now, therefore, be it
Resolved, that the Town Board does hereby approval the passage of Local Law #_ of 2015, Titled; Chapter 215; Gas Filling Stations, Commercial Garages and Convenience Stores
LOCAL LAW No. _ of 2015
Amendments to the Code of the Town of Pawling
Chapter 215 Zoning
RE: Gas Filling Stations, Commercial Garages and Convenience Stores
Draft Revised: March 19, 2015
NOTE: Existing text from the Code of the Town of Pawling is shown below as regular text, highlighted only as shown in the code. Proposed amended text is shown as underlined text (text). Text that is proposed to be deleted is shown as stricken text (text).
Chapter 215. Zoning
1. Article II, entitled Definitions, Section 215-3 Definitions shall be revised to include the following new and revised terms and definitions, inserted in the proper order in this section, to read as set forth below. The remainder of section 215-3 shall remain as currently set forth in the code:
Article II. Definitions.
§~215-3. Definitions.
COMMERCIAL GARAGES – A commercial establishment, in which motor vehicles are repaired, serviced. Such establishment may or may not be part of a Gasoline Filling Station/Convenience store.
GASOLINE FILLING STATION/CONVENIENCE STORE – Commercial garages and a gas station with commercial stores located on the premises for the sale of petroleum products, gas, diesel and any other products associated with the vehicle industry are with the retail of usual allowed convenience store items, such as food staples and household items over the counter. Only over the counter service is allowed.
Article IV. District Regulations
§~215-15. Permitted uses.
#. The Schedule of Permitted Uses, for the HB (Highway Business) zoning district, referenced in Article IV District Regulations, section 215-15 Permitted Uses, shall be amended to add the following uses to the schedule’s column listing Principal Uses:
– Commercial garages; and
– Gasoline filling station/convenience store.
#. Article V Supplementary Regulations shall be revised and renumbered to include the following revised supplemental requirements for Gas Filling Stations, Commercial Garages and Convenience Stores (revised section 215-28); and to add a new set of supplemental requirements for Commercial Garages (new section 215-28.1) as set forth below:
Article V. Supplementary Regulations.
§~215-28. Gasoline filling stations, Ccommercial garages and convenience stores. gasoline filling stations.
A. In no case shall a commercial garage and/or gasoline filling station be located nearer than 23,000 feet to any existing gasoline filling station/convenience store commercial garage and/or gasoline filling station or any site previously approved for such use and not as yet terminated as provided in this chapter. The distance shall be measured between the nearest two points located any place on the property boundaries fronting on NYS Route 22 on each parcel in question. The north and south bound lanes of Route 22 should be measured separately.
B. A multi-business operation must have a common entrance, whether or not the businesses have more than one owner.
B. No commercial garage or gasoline filling station shall be located within 500 feet from any church, school or hospital, regardless of the district where either premises are located.
C. Pumps, lubricating and other dispensing devices, except air pumps, shall be located at least 50 feet from any adjoining lot line or street right-of-way.
D. All motor fuel, oil or similar substances shall be stored at least 50 feet distant from any adjoining lot line or street right-of-way. In addition, all motor fuel shall be stored underground and in conformity with the latest edition of the Uniform Fire Prevention and Building Code.
E. Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other vehicles, unless specifically permitted by Planning Board site plan approval.
F. Insofar as possible, all repair work will be performed indoors.
F. Outside displays and retail items on sidewalks and travel ways must be restricted to specific display locations.
G. Ensure site layout and design, including landscaping that complies with the supplementary regulations in this Chapter for Landscaping; and development in the Highway business (HB) zoning district; and creates a green way along the Route 22 corridor and proper landscape screening for the premises, if applicable.
G. All automobile parts, dismantled vehicles and similar articles shall be stored within a building.
H. No inoperative motor vehicle shall be kept on the premises of a motor vehicle service station for longer than two weeks.
H. Premises shall not be constructed and/or approved within 700 feet of a historic site, church, school or hospital, or at a site and with a design that would significantly impact a scenic viewshed.
I. Commercial garage/gas filling station/convenience stores not connected to commercial garages and gas filling stations should not be constructed and/or approved near a historic site or scenic viewshed.
J. A special use permit is required for commercial garages/gasoline filling stations/convenience stores if they include tables for food and drink consumption.
K. All applications for any entity covered by this provision must receive site plan approval from the Planning Board.
§215-28.1 Commercial Garages
In addition to all rules and regulations under §215-28, Commercial Garages shall be subject to the following:
A. Premises shall not be used for the display of automobiles, trailers, motor homes, boats or other vehicles unless specifically permitted by the Planning Board site plan approval.
B. Insofar as possible all repair work will be performed indoors.
C. All automobiles parts, dismantled vehicles and similar articles shall be stored within a building.
D. No inoperative motor vehicle shall be kept on the premises for longer than 30 days.
