NOTICE OF PUBLIC HEARING - ZONING AMENDMENT FOR GASLAND

TOWN OF NEWBURGH

NOTICE OF PUBLIC HEARING

ON PROPOSED LOCAL LAW

PLEASE TAKE NOTICE that there has been introduced before the Town Board of the Town of Newburgh in the County of Orange and State of New York on August 10, 2020, a Local Law designated as Introductory Local Law No. 4 of the Year 2020 and entitled “A Local Law Amending Chapter 185 Entitled ‘Zoning’ of the Code of the Town of Newburgh and the Zoning Map of the Town of Newburgh to Rezone Property at Fifth Avenue and South Plank Road (NYS Route 52) from R-3 to the Adjacent B Zoning District.”

The purpose and effect of the Local Law are to rezone certain property located at the northwest corner of the intersection of Fifth Avenue and South Plank Road (New York State Route 52) and fronting portions of said streets from the R-3 (Residential) Zoning District to the adjacent B (Business) Zoning District. The property includes the tax parcel designated as Section 71 Block2 Lot 11 on the tax map for the Town of Newburgh which is ±0.53 acres in size and contains a convenience store and gas station. The total property to be rezoned is described as follows: Beginning at a point in the center of Fifth Avenue, said point being the intersection of Fifth Avenue and New York State Route 55; thence running northeasterly with the centerline of Fifth Avenue, a distance of 300 feet; thence running northwesterly from the centerline of Fifth Avenue along the northern property line of lot 71-2-11; thence running southwesterly along the western property line of tax lot 71-2-11 to the centerline of New York State Route 52; thence running southeasterly along the centerline of New York State Route 52 back to the point of beginning at its intersection with the centerline of Fifth Avenue. Containing ±0.79 acres of land.

The following table summarizes differences in the use regulations between the existing R-3 zoning and the proposed B zoning:

R-3 and B Use Regulations

District	Permitted Uses	Uses Subject to Site Plan Review by the Planning Board

R-3 Residential	Single-family dwellings not to exceed 1 dwelling per lot a. Without both public sewer and public water systems b. With both public sewer and public town water systems c. With either public sewer or public water only Municipal buildings and Town activities	Multiple dwellings Conversion of exiting dwellings for multifamily use Cluster developments Affordable housing Membership clubs Places of worship, parish houses, seminaries, convents, dormitories and related activities Nursery School for preschool children Schools for general education, including colleges, with related facilities Hospitals and nursing homes Substance abuse rehabilitation home Community residence for the disabled Funeral homes Cemeteries Public utility structures and rights of way Senior citizen housing 2-family dwellings not to exceed 2 dwelling units per lot Semidetached dwellings not to exceed 2 dwelling units per lot
Business	Existing single-family dwellings Existing 2-family dwellings Municipal buildings and town activities Membership clubs without outdoor recreation facilities Funeral homes	Retail stores and personal service stores and uses, health clubs and fitness facilities Business, professional and research offices and bank Eating and drinking places Indoor amusement establishments Motor vehicle service stations and public garages, car wash and rental agency Convenience stores with or without gasoline filling stations Hotels and motels Shopping centers Theaters Places of worship, parish houses, seminaries, convents, dormitories and related activities Business parks Public utility structures and rights-of-way Affordable housing Senior citizen housing Restaurants Mini-malls Veterinarian offices and related services necessary for the complete practice of veterinarian medicine Nursery school for pre-school children registered with NYS Department of Education and day-care center licensed by NYS OCFS

Additional differences in the use regulations between the proposed B Zoning District and the R-3 Zoning District zoning pertain to allowed accessory uses to the above uses.

A link to the Municipal Code which includes the Zoning Chapter and the Tables of Use and Bulk requirements for the R-3 and B Zoning Districts, showing the allowed uses in each District and the bulk requirements for each use can be found at the Town’s website, townofnewburgh.org. The Town Board determined that the action which includes the adoption of the Local Law is an unlisted action and is conducting an uncoordinated review pursuant to the State Environmental Quality Review Act

PLEASE TAKE FURTHER NOTICE that pursuant to Section Twenty of the Municipal Home Rule Law, a public hearing will be held on the aforesaid proposed Local Law before the Town Board of the Town of Newburgh at 7:00 o'clock p.m. on September 14, 2020 at which time all interested parties will be heard.

Due to public health and safety concerns related to COVID-19, the Town Board will NOT be conducting the public hearing in person. In accordance with the Governor’s Executive Orders 202.1 and 202.15, 202.38, 202.48, 202.55 and subsequent extensions, the September 14, 2020 Town Board public hearings will be held via videoconference and a transcript will be posted on the Town’s website at a later date. The public will have the opportunity to see and hear the public hearing live and provide comments either during the public hearing or by mail or email up to ten (10) days following the posting of the transcript on the Town’s website.

The public can watch the public hearing and provide verbal comments via Zoom. The Zoom app must first be downloaded and installed on smartphones, tablets or computers from www.zoom.us.

Zoom videoconference meeting link:

https://us02web.zoom.us/j/87508131984?pwd=WHVYYUVmclg1WGxJZHRUcWNBd0hZdz09

Meeting ID: 875 0813 1984

Passcode: 093948

Telephone dial in only:

Dial by your location

+1 646 876 9923 US (New York)

+1 301 715 8592 US (Germantown)

+1 312 626 6799 US (Chicago)

+1 253 215 8782 US (Tacoma)

+1 346 248 7799 US (Houston)

+1 408 638 0968 US (San Jose)

+1 669 900 6833 US (San Jose)

Meeting ID: 875 0813 1984

Passcode: 093948

Online meeting/public hearing materials: http://www.townofnewburgh.org/cn/meetings/

Comments may also be sent by mail to the following address: Town of Newburgh Town Clerk, 1496 Route 300, Newburgh, NY 12550, or preferably by email to townclerk@townofnewburgh.org. Comments must be received no later than ten (10) days following the posting of the transcript on the Town’s website.

The Town of Newburgh provides reasonable accommodations for the disabled. Disabled individuals who need assistance in order to participate should contact the Town Clerk’s office at 564-4554. Advance notice is requested

Dated: August 26, 2020

Joseph P. Pedi

Town Clerk, Town of Newburgh