Preview
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018
Appeals shall be filed immediately in the office of the Town Clerk, and
shall be a public record.
6. Re-hearing and Review of Prior Decisions. Upon motion initiated by any
member and adopted by the unanimous vote of the members present, but
not less than a majority of all the members, the Zoning Board of Appeals
shall review at a re-hearing held upon notice given as upon an original
hearing, any order, decision, or determination of the Zoning Board of
Appeals not previously reviewed. Upon such re-hearing, and provided it
shall then appear that the rights vested prior thereto in persons acting in
good faith in reliance upon the order, decision, or determination reviewed
will not be prejudiced thereby, the Zoning Board of Appeals may, upon
the concurring vote of all the members then present, reverse, modify, or
annul itsoriginal order, decision, or determination.
7. Court Review of Board Decisions. Any person or persons, jointly or
severally aggrieved by any decision of the Zoning Board of Appeals or
any officer, department, board, or bureau of the Town, may apply to the
Supreme Court for review by a proceeding under Article Seventy-eight of
the Civil Practice Law and Rules.
8. Expiration of Appeal Decision. Unless otherwise specified by the Zoning
Board of Appeals, a decision on any appeal shall expire ifthe applicant
failsto obtain any necessary building permit or comply with the
conditions of said authorized permit within six (6) months from the date of
authorization thereof.
9. Stay of Proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the Zoning Administrator certifies for
the Zoning Board of Appeals, after the notice of appeal shall have been
filed,that by reason of facts stated in the certificate, itwould, in his
opinion, cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Zoning Board of Appeals or by the Supreme
Court on application, on notice to the Zoning Administrator for due cause
shown.
Section 470. 65SPECIAL PERMITS
-----------------
The Planning Board or the Zoning Board of Appeals, as specifically authorized by Section 334
and Section 391 of this Local Law, shall issue special permits where required by this Local Law
for uses whose special characteristics necessitate consideration of each specific use as an
individual case. These uses are identified in the Schedule of District Use Regulations (Appendix
A). In addition, the following require special permits from the Planning Board:
1. Certain uses in the APO Overlay Zone (Section 315)
Section470 amended; Local Law #3 of theyear 1990.
113
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018
2. Certain Home Occupations (Section 321)
3. Stripping of Topsoil (Section 329)
Section 471. APPLICATION
Application for a special permit shall be made to the Zoning Administrator prior to consideration
of a building permit or certificate of occupancy for any use requiring a special permit. Upon
receipt of such application, the Zoning Administrator shall, within five (5) days of itsreceipt,
forward the application to the Planning Board or the Zoning Board or Appeals, as specifically
authorized by Sections 338 and 391 of this Local Law.
Section 472. REQUIRED SPECIAL PERMIT PLANS
An application for a special permit shall be accompanied by plans and other descriptive matter
sufficient to clearly portray the intentions of the applicant. Such plan shall show the location of
allbuildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and
any other pertinent information that may be necessary to determine whether or not the proposed
special use meets the requirements of this Local Law. Where development in phases is
proposed, such phasing shall be indicated. The special permit plan shall also meet the
requirements for siteplans as stated in Section 483 of this Local Law unless in the discretion of
the Planning Board or Zoning Board of Appeals, as the case may be, selected site plan
requirements shall not be required for certain types of special permit use applications. The
Planning Board or Zoning Board of Appeals, as the case may be, may promulgate rules and
regulations as to which specific requirements may be omitted for certain types of special permit
uses.
Section 473. STANDARDS
Special permits shall be issued by the Planning Board or Zoning Board of Appeals, as the case
may be, only when such Board is satisfied with conditions proposed regarding the general
character, height, and use of structure or structures; the provision of surrounding open space and
treatment of grounds; the general fitness of the structure or use forthe proposed location; the
provision for automobile parking or storage; street capacity and use; public health, comfort, and
convenience; preservation of the general character of the neighborhood; and standards
established by this Local Law. Further, in issuing a special permit the Planning Board or Zoning
Board of Appeals must make written findings that:
1. The use is a permitted special use as set forth in the Schedule of +District
Use Regulations (Appendix A).
2. The use is so designed, located, and proposed to be operated that the
public health, safety, welfare, and convenience will be protected.
3. The use will not diminish groundwater or surface water quality.
+
Stated inZoning Law as Schedule of Use Regulations. Should be Schedule of District
Use Regulations.
114
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
NYSCEF DOC. NO. 98 RECEIVEDINDEX NYSCEF:
NO . 04/13/2018
2018-50114
|FILED: DUTCHESS COUNTY CLERK 04/12/2018 06:45 PM)
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2018
"1"
EXHIBIT
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
NYSCEF
FILED:
DOC. NO. 98
DUTCHESS COUNTY CLERK 04 12 2018 0 6 :45
RECEIVED NYSCEF:
INDEX NO, 04/13/2018
2018-50114
/ / PH
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2018
NY CLS Gen Const Note
Current through 2018 Chapters 1-3
New York Consolidated Laws Service > General Constmcdon Law
General Construction Law
Chap 22 of theConsolidated Laws
Laws 1909,Chap. 27
(With allsubsequent Amendrnents through and includingthe
1979 Sessions ofthe Legislatureto thedate shown
on the authenticationcertificate)
AN ACT to
relating construction,constitutingchaptertwenty-two of theconsolidatedlaws.
Scope of Statute:
This law covers the definitionsof various terms used in the Consolidated Laws; contains provisions as tothe
effectof certainancient statutesand documents; and
titles
references, headnotes; the effectof and
repealers; the
effectof theConsolidated Laws.
Treated Elsewhere:
"definitions"sections
are definitionsof terms having specialmeanings as used within a particularstatute(see
within each consolidated law).
History
Add, L1909, ch 27,effFeb 17,1909.
NewYork ConsolidatedLawsService
Copyright©2018 Matthew Bender, Inc.,
amemberofthe LexisNexis (TM) Group Allrightsreserved.
Enrl of Docs men(
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
2018-50114
NYSCEF
|FILED DOC.: NO. 98
DUTCHESS COUNTY CLERK 04/12/2018 06: 45 PN RECEIVEDINDEX NO.
NYSCEF: 04/13/2018
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 04/12/2018
CC
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FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114
2018 501
-50114
NYSCEF
|FILED DOC.
: NO. 98
DUTCHESS COUNTY CLERK 04/12/2018 06: 45 PM)
RECEIVEDINDEX NO.
NYSCEF: 04/13/2018
· ' ~ RECEIVEIN[bEOSQRE: 204$1·B d 204 8
¹lffLÈ& . 198TdhESS COUNTY CLERK 03/15 /2018 04 : 55 PM)
iNYSCEI' NYSCEF: 03/15/2018
NYSCEF DCC. NO. 49 RECEIVED
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EABM__14ND.IAASE
'v'-
!TTATE OF '~v~,
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COUNTY OF ~~r
~vtf -Y-U,mrtE5_S_____
KNOW ALL MEN BY THESE PRESENTS THAT,
VPF
uPF , Lessordoes hereby lease and letunto
r
tvA44 t); ~0E LL-—L- , Lesseefor general agricultural
purposes, approximately ______ __...__ ( ®
~.__..7
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g
J acresof
Cl,'
pasturelandlocated on bAwJt 9..(hdd-__...in
K ~~5
Kohtw
___be** 5 County, owned
__ _..___.._______....__ by Lessor.
In consideration ofwhich Lessee covenants with 14ssor to Lessor
$ · \ .oo per year
hereby
commencing ‰ t) v~ \
pay
r
20_.D.
with the first
annualrental paymentbeing due upon executionhereof and a
likepayment on of 20 and 20_ __... The
tenn of thisleaseshall begin on the date hereof and shallexpire on .•
,2D
2o 2
g Q
'3
In the event of thefailureby Lessee topromptly pay a.ny of theamiual rentals
hereinafterset forth,then and inthat event thislease shallautomatically
terminate and allrightsherein granted shallbe null and void.
14ssee shallhave exclusive use ofall sheds and barns looted on the leased
. property during the tennhereof.
AW 2,ES T¾E p LC
lessor or designee reserves the rightof ingress and egress over and across the
leased property to obtain access to adjacent lands. lessor reservesall
hunting rights to land
located .
_ . . .,.--
·----------...,-
.
-, -. .-
WlTl~
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20
signatures,
.
on
,on
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this the - day of
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v','LESSOR LESSOR
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,rd\
LESSEE
Preview
FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018 FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018 Appeals shall be filed immediately in the office of the Town Clerk, and shall be a public record. 6. Re-hearing and Review of Prior Decisions. Upon motion initiated by any member and adopted by the unanimous vote of the members present, but not less than a majority of all the members, the Zoning Board of Appeals shall review at a re-hearing held upon notice given as upon an original hearing, any order, decision, or determination of the Zoning Board of Appeals not previously reviewed. Upon such re-hearing, and provided it shall then appear that the rights vested prior thereto in persons acting in good faith in reliance upon the order, decision, or determination reviewed will not be prejudiced thereby, the Zoning Board of Appeals may, upon the concurring vote of all the members then present, reverse, modify, or annul itsoriginal order, decision, or determination. 7. Court Review of Board Decisions. Any person or persons, jointly or severally aggrieved by any decision of the Zoning Board of Appeals or any officer, department, board, or bureau of the Town, may apply to the Supreme Court for review by a proceeding under Article Seventy-eight of the Civil Practice Law and Rules. 8. Expiration of Appeal Decision. Unless otherwise specified by the Zoning Board of Appeals, a decision on any appeal shall expire ifthe applicant failsto obtain any necessary building permit or comply with the conditions of said authorized permit within six (6) months from the date of authorization thereof. 9. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies for the Zoning Board of Appeals, after the notice of appeal shall have been filed,that by reason of facts stated in the certificate, itwould, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by the Supreme Court on application, on notice to the Zoning Administrator for due cause shown. Section 470. 65SPECIAL PERMITS ----------------- The Planning Board or the Zoning Board of Appeals, as specifically authorized by Section 334 and Section 391 of this Local Law, shall issue special permits where required by this Local Law for uses whose special characteristics necessitate consideration of each specific use as an individual case. These uses are identified in the Schedule of District Use Regulations (Appendix A). In addition, the following require special permits from the Planning Board: 1. Certain uses in the APO Overlay Zone (Section 315) Section470 amended; Local Law #3 of theyear 1990. 113 FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 04/13/2018 2. Certain Home Occupations (Section 321) 3. Stripping of Topsoil (Section 329) Section 471. APPLICATION Application for a special permit shall be made to the Zoning Administrator prior to consideration of a building permit or certificate of occupancy for any use requiring a special permit. Upon receipt of such application, the Zoning Administrator shall, within five (5) days of itsreceipt, forward the application to the Planning Board or the Zoning Board or Appeals, as specifically authorized by Sections 338 and 391 of this Local Law. Section 472. REQUIRED SPECIAL PERMIT PLANS An application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant. Such plan shall show the location of allbuildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information that may be necessary to determine whether or not the proposed special use meets the requirements of this Local Law. Where development in phases is proposed, such phasing shall be indicated. The special permit plan shall also meet the requirements for siteplans as stated in Section 483 of this Local Law unless in the discretion of the Planning Board or Zoning Board of Appeals, as the case may be, selected site plan requirements shall not be required for certain types of special permit use applications. The Planning Board or Zoning Board of Appeals, as the case may be, may promulgate rules and regulations as to which specific requirements may be omitted for certain types of special permit uses. Section 473. STANDARDS Special permits shall be issued by the Planning Board or Zoning Board of Appeals, as the case may be, only when such Board is satisfied with conditions proposed regarding the general character, height, and use of structure or structures; the provision of surrounding open space and treatment of grounds; the general fitness of the structure or use forthe proposed location; the provision for automobile parking or storage; street capacity and use; public health, comfort, and convenience; preservation of the general character of the neighborhood; and standards established by this Local Law. Further, in issuing a special permit the Planning Board or Zoning Board of Appeals must make written findings that: 1. The use is a permitted special use as set forth in the Schedule of +District Use Regulations (Appendix A). 2. The use is so designed, located, and proposed to be operated that the public health, safety, welfare, and convenience will be protected. 3. The use will not diminish groundwater or surface water quality. + Stated inZoning Law as Schedule of Use Regulations. Should be Schedule of District Use Regulations. 114 FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 NYSCEF DOC. NO. 98 RECEIVEDINDEX NYSCEF: NO . 04/13/2018 2018-50114 |FILED: DUTCHESS COUNTY CLERK 04/12/2018 06:45 PM) NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2018 "1" EXHIBIT FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 NYSCEF FILED: DOC. NO. 98 DUTCHESS COUNTY CLERK 04 12 2018 0 6 :45 RECEIVED NYSCEF: INDEX NO, 04/13/2018 2018-50114 / / PH NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 04/12/2018 NY CLS Gen Const Note Current through 2018 Chapters 1-3 New York Consolidated Laws Service > General Constmcdon Law General Construction Law Chap 22 of theConsolidated Laws Laws 1909,Chap. 27 (With allsubsequent Amendrnents through and includingthe 1979 Sessions ofthe Legislatureto thedate shown on the authenticationcertificate) AN ACT to relating construction,constitutingchaptertwenty-two of theconsolidatedlaws. Scope of Statute: This law covers the definitionsof various terms used in the Consolidated Laws; contains provisions as tothe effectof certainancient statutesand documents; and titles references, headnotes; the effectof and repealers; the effectof theConsolidated Laws. Treated Elsewhere: "definitions"sections are definitionsof terms having specialmeanings as used within a particularstatute(see within each consolidated law). History Add, L1909, ch 27,effFeb 17,1909. NewYork ConsolidatedLawsService Copyright©2018 Matthew Bender, Inc., amemberofthe LexisNexis (TM) Group Allrightsreserved. Enrl of Docs men( FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 2018-50114 NYSCEF |FILED DOC.: NO. 98 DUTCHESS COUNTY CLERK 04/12/2018 06: 45 PN RECEIVEDINDEX NO. NYSCEF: 04/13/2018 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 04/12/2018 CC †FILED: DUTCHESS COUNTY CLERK 04/13/2018 05:43 PM INDEX NO. 2018-50114 2018 501 -50114 NYSCEF |FILED DOC. : NO. 98 DUTCHESS COUNTY CLERK 04/12/2018 06: 45 PM) RECEIVEDINDEX NO. NYSCEF: 04/13/2018 · ' ~ RECEIVEIN[bEOSQRE: 204$1·B d 204 8 ¹lffLÈ& . 198TdhESS COUNTY CLERK 03/15 /2018 04 : 55 PM) iNYSCEI' NYSCEF: 03/15/2018 NYSCEF DCC. NO. 49 RECEIVED " '4; stsf s't' 1 4 EABM__14ND.IAASE 'v'- !TTATE OF '~v~, '~V~ o e.V-- COUNTY OF ~~r ~vtf -Y-U,mrtE5_S_____ KNOW ALL MEN BY THESE PRESENTS THAT, VPF uPF , Lessordoes hereby lease and letunto r tvA44 t); ~0E LL-—L- , Lesseefor general agricultural purposes, approximately ______ __...__ ( ® ~.__..7 I ..) g J acresof Cl,' pasturelandlocated on bAwJt 9..(hdd-__...in K ~~5 Kohtw ___be** 5 County, owned __ _..___.._______....__ by Lessor. In consideration ofwhich Lessee covenants with 14ssor to Lessor $ · \ .oo per year hereby commencing ‰ t) v~ \ pay r 20_.D. with the first annualrental paymentbeing due upon executionhereof and a likepayment on of 20 and 20_ __... The tenn of thisleaseshall begin on the date hereof and shallexpire on .• ,2D 2o 2 g Q '3 In the event of thefailureby Lessee topromptly pay a.ny of theamiual rentals hereinafterset forth,then and inthat event thislease shallautomatically terminate and allrightsherein granted shallbe null and void. 14ssee shallhave exclusive use ofall sheds and barns looted on the leased . property during the tennhereof. AW 2,ES T¾E p LC lessor or designee reserves the rightof ingress and egress over and across the leased property to obtain access to adjacent lands. lessor reservesall hunting rights to land located . _ . . .,.-- ·----------...,- . -, -. .- WlTl~ Tl~S W1TNES$ our respective 20 signatures, . on ,on ' ' this the - day of .. _ -------....--.........___.__ v','LESSOR LESSOR .sP ,rd\ LESSEE