The Task Force has Failed with their Assignment.

Zoning Board of Appeals Town of Copake 230 Mountain View Road Copake NY 12529 September 1, 2009 Attention: Supervisor Crowley and Members of the Town Board; We, The Zoning Board of Appeals, upon the request of the Town Board, have reviewed the proposed changes to Chapter 156; Junkyards and Motor Vehicle Storage Areas. In our opinion, the Task Force has failed with their assignment. Our Town is changing, the times are changing. We want these business' to remain in Copake, but there is a need for them to" clean up their act", and take some pride in their business'. This street of mixed use, residential and business is the southern entrance of the town. First impressions are made here, how do we want to portray our town? Clearly the New York State Department of Motor Vehicles has issued these business' a license. It clarifies whether they are a repair, dismantler, dealer, or a combination, with clear and precise rules as to what they are and are not allowed to do. However, the question remains, What exactly are they licensed to do, and are they in compliance with the licenses that have been issued? Furthermore, the proposed changes are far too vague, they need to be more specific. The issue has been "white-washed or swept under the carpet" and will be impossible to enforce since there is no structure, with far too many loop holes. Safety, environmental issues, noise, pollution, and fire codes have not been addressed. Many residents within the town have expressed concerns of the ground water issues, imagine what 60 cars to the first acre, not to exceed 200 for the additional acreage will do to the ground water, keeping in mind the stream and wetlands that surround some of these areas. Why would we allow vehicles for repair to be placed with vehicles for sale? Is it not an eye sore as well as a safety issue to allow a car with no tires and on blocks or one with no fenders to remain in the front. Will a four foot space between rows of stored vehicles be ample to allow a fire truck or emergency vehicles access in case of a fire, spill, or accident? Why would we change the fencing requirement setbacks from 300 feet to 50 feet? Who will reap the benefit here, the residential neighboring property? Imagine their air quality, will trees screen the fumes as well? We do not endorse the proposed changes to Chapter 156, of the Town Law, and we recommend that the Task Force be returned to complete the task to which they were assigned. In addition, it is recommended that prior to writing out any proposed future changes that they meet with the Planning Board and The Zoning Board of Appeals and at least hear their recommendations, as well as input from the Zoning Enforcement Officer, The Building Inspector, The Fire Chief, DEC, and any other pertinent party. Most Sincerely, The Board Members of The Zoning Board of Appeals

Planning Board advises the Town Board against the enactment of Local Law 3

September 8, 2009 Memo To: The Copake Town Board Re: Chapter 156 Junkyard and Motor Vehicle Storage Areas Local Law 3, 2009 From: Copake Planning Board The Copake Planning Board advises the Town Board against the enactment of Local Law 3, 2009 for the reasons listed below: The Planning Board reviewed Chapter 156 Code Town of Copake; the proposed Local Law No.3, 2009; excerpts from General Municipal Law 136 that may apply in Copake; the December 23, 2008 recommendations by Copake ZEO, Ed Ferratto. We recommend that the entire Chapter 156 be reviewed and revised by a Land Use Attorney considering the recommendations made by /I The Copake Motor Vehicle Storage Task Force," the State Laws and the recommendations made by the ZEO and the Planning Board. Examples of suggestions for revisions: Chapter 156-2 Definitions. Junkyards are not allowed in Copake. All references to them should be removed. Does the definition exist to clarify exactly what a junkyard is? If so, it should better defined. Motor Vehicle Storage Areas should be better defined and divided into definitions for businesses and personal use. Chapter 156 -3 A. According to Copake Zoning Laws, junkyards are not allowed in Copake. Chapter 156 - 3 B. Include requiring a Site Plan Review by the Planning Board (SPR is good for 3 years and then must be renewed.), or subject to a yearly special use permit issued by the Zoning Board of Appeals. Chapter 156 - 4. Application for a license. Include the completion of a Site Plan Review, or subject to a yearly special use permit issued by the Zoning Board of Appeals. Chapter 156 - 7. License fee. Should reconcile to current Building/Planning/Zoning fees and be increased to at least $100 or allocated per stored vehicle. Chapter 156 - 8. Fencing. Screening and other environmental impacts would be included in Site Plan Review. Chapter 232 Zoning- Table of Use Attachment 2:2. Add footnote''B" Requires Site Plan Permit to fI Auto Repair, car wash" under Business Uses in zones B-1, B-2, and 1-1. OR Chapter 232 Zoning - Table of Use Attachment 2:2. Change the P to X in the B-2 and I-I Zones under fI Auto Repairs, car wash" under Business Uses.