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Public Hearing Notice/Zoning Amendments

Release Date: July 29, 2004

PUBLIC HEARING NOTICE

 

PLEASE TAKE  NOTICE that the TOWN BOARD  of the TOWN OF CORTLANDT will conduct a Public Hearing on Tuesday, August 17, 2004 at 7:30 P.M., prevailing time, or as soon thereafter as possible, in the Vincent F. Nyberg General Meeting Room at Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York, to receive public comments and input, with respect to the following proposed amendments to the Town of Cortlandt Zoning Ordinance (Chapter 307) as follows:

 

1)  Amend Section 307-4 Definitions to eliminate the term “Planned Village Development (PVD)”. Eliminate Section 307-94 “Planned Village Development” in its entirety from the Zoning Ordinance.

 

2) Amend Section 307-40.B to eliminate the terms “planned village development” and “special reuse and conservation development”.  Eliminate Section 307-96 “Special Reuse and Conservation Development” in its entirety from the Zoning Code

 

3) Amend Section 307-18.G(1)c to read “Standards for lot count. For all major subdivision applications, the maximum number of lots or dwelling units (N) which the Planning Board may approve for land to be subdivided shall be the whole number (all fractions excluded) which results from the following calculation:

 

Gross Parcel Area (GPA), minus Areas of Wetlands, Water Bodies and Watercourses (WWW), including 50% of the buffer area (BA), as defined in Chapter 179 of the Town Code - Wetlands Ordinance, minus areas of freshwater wetlands (FW), including 50% of the buffer area (BA), as defined in Article 24 of the NYS Environmental Conservation Law, minus areas within the 100 year flood boundaries (FB),  as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus steep slopes (SS), defined as land with a slope greater than 20%, minus 10% of net parcel area (NPA).

 

Lot count formula is:

 

 “N = (GPA -WWW- 50% BA – FW – 50% BA – FB – SS) – 10% NPA

 

 

                                                            MLS”

 

 MLS is the minimum lot size required in the zoning district in which the land is located.  Also amend note to read “The ten-percent NPA deduction is to be made only when streets, common drives and other private roads are included within the subdivision.”

 

4) Amend Initiation of Amendments, Section 307-97.B to read “By the adoption by the Town Board of a resolution of intention to amend, which resolution, upon adoption, need not be referred to the Planning Board for recommendation.”

 

5) Amend Section 307-65.2.B(3) for Bed and Breakfast Establishments to increase the minimum lot size from 20,000 square feet to 40,000 square feet.  Amend Section 307-14 in the Table of Permitted Uses, Part 1, to change from “permitted by special permit” to “not permitted” for Bed and Breakfast Establishments in the following zoning districts;R-40A, R-20, R-15, R-10 and R-G.

 

6) Amend Section 307-29 in the Table of Required Off-Street Parking under Home Occupations by providing that the maximum number of parking spaces for a home occupation shall not exceed 8.  Amend Section 307-46.C(2) by providing that no parking space shall be less than 10 feet from adjacent properties.

 

7) Amend Section 307-56.B(1)(b) for a Livestock Farm, Kennel or Riding Academy to increase the minimum acreage from two acres to five acres and amend Section 307-56.B(2)(a) to increase the minimum yard and lot line setbacks for building and maintenance areas for small animals from 40 feet to 100 feet.  Also amend Section 307-14 in the Table of Permitted Uses, Part 1, to change from “permitted by special permit” to “not permitted” for Livestock Farm Kennel and Riding Academy in the following zoning districts; R-40A, R-20 and R-15.  Further amend Section 307-14 in the Table of Permitted Uses, Part 1, to change from “not permitted” to “permitted by special permit” for Livestock Farm, Kennel and Riding Academy in the following zoning districts; CC, CD and HC-9A.

 

8) Amend Section 307-14 in the Table of Permitted Uses, Part 2, to change from “permitted by special permit” to “not permitted” for Nursery School in the following zoning districts; R-80, R-40, R-40A, R-20, R-15, R-10, R-G, MD and M-1.  Also amend Section 307-14 in the Table of Permitted Uses, Part 2, to add Nursery School to the category of “Church or other place of worship and religious instruction, parish house, rectory or convent and nursery school”.   Relocate Section 307-51 Nursery School to Section 307-12.1

 

9)  Amend Section 307-14 in the Table of Permitted Uses, Part 2, to change from “permitted” to “not permitted” for public or private schools offering courses in general instruction in the following zoning districts; R-80, R-40, R-40A, R-20, R-15, R-10, R-G, MD and M-1. 

 

10)  Amend Section 307-14 in the Table of Permitted Uses, Part 2, to change from “permitted by special permit” to “not permitted” for membership clubs in the following zoning districts; R-10 & R-G.

 

 

 

 

11)  Amend Section 307-14 in the Table of Permitted Uses, Part 2, to eliminate “rooming houses” from all zoning districts.  Amend Section 307-29 Table of Required off-street parking spaces to eliminate rooming house.

 

12)  Amend Section 307-47 B (2) to read “the minimum lot area shall be one acre” for Funeral Homes and Funeral Services.

 

13) Amend Section 307-15 A - Notes to the Table of Permitted Uses, to add a subsection (11) which will read “Hospital and nursing homes will be permitted only on a lot in a residential zone which fronts on State and local arterial roads”.   Amend Section 307-59 B by adding a subsection (9) that reads “only to be permitted on a lot in residential zones which fronts on State or local arterial roads”.

 

14)  Amend Section 307-15 A  - Notes to the Table of Permitted Uses, to add a subsection (12) which will read “Doctors, dentist or other health care practitioners be permitted only on a lot in a residential zone which fronts on State and local arterial roads.”   Amend Section 307-60 B.(1) by adding a subsection (c) that reads “only to be permitted on a lot in residential zones which fronts on State or local arterial roads”.

 

Anyone interested in addressing comments on the above to the Town Board may do so by appearing in person at the above time and place or by submitting their written comments to the Town Clerk’s Office by the close of business on August 16, 2004 at 4:00 P.M.

 

The Town Hall is handicapped accessible and has accessibility for the hearing impaired.

 

BY ORDER OF THE TOWN BOARD

                                                                        OF THE TOWN OF CORTLANDT

                                                                        JO-ANN DYCKMAN

                                                                        TOWN CLERK

DATED:            July 28, 2004

                        Town of Cortlandt