supporting documentation may e requested from the … · filming fees adjournment. 1 resolution...

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

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, 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

1

RESOLUTION





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







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

6

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 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.





13








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:







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:







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.








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.








May 8, 2019

____________________________________


1

RESOLUTION





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







2

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















LaGrange Tax Parcel Number 133400-6560-02-564958 at Route 82 (unimproved)

3










LaGrange Tax Parcel Number 133400-6560-02-546919 at 1502-1504 Route 55











4





















5










LaGrange Tax Parcel Number 133400-6460-02-945946 at 22 Taconic Center Lane



parcel in the Town of LaGrange from the Town Center Business (“TCB”) zoning district to the





parcel in the Town of LaGrange from the Town Center Business (“TCB”) zoning district to the


LaGrange Tax Parcel Number 133400-6460-02-823867 at 1220 –1224 Route 55

6




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

7

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.


of the Town Code with respect to the parcel identified within Section 14 at 22 Taconic Center

Lane:




9

(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.


that the commercial use of the property already exists.

(6) The revised zoning boundary is not illogically drawn. The purpose of the local




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.



given the pre-exiting commercial use.




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.


which are located along NYS Route 55.


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.


neighborhood or the Town.


of the Town Code:




(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

11

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.


that the commercial uses of the properties already exist.

(6) The revised zoning boundary is not illogically drawn. The purpose of the local




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.



given the pre-exiting commercial uses.




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.


which are located along NYS Route 55 and NYS Route 82.


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.


neighborhood or the Town.

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May 8, 2019

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