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1966-10-18 PHA Public Hearing was held by the Town Board, Town of Wappinger, in the Town Hall, Mill Street, Wappingers Falls, -N.Y. on Tuesday evening, October 18, 1966. Present: Supervisor Fulton; Elaine H. Snowden, Town Clerk Councilman Diehl Absent: Justice of the Peace Bulger Justice of the Peace Francese Others present: Joseph quinn, Attny. Joseph Ludewig, Building Inspector A. Vandewinckel, Planning Board Chairman The meeting was called to order at 8:15 P.M. by Supervisor Fulton. Mr. Fulton Councilman Clausen stated that the Hearing is on the Petition of DCR Realty Corp. rezoning and explained that he and Mr. Diehl do not constitute quorum is not required for a Hearing; adding that the minutes absent members and that a decision would be reached at a later and Megtam Corp. for a quorum, but a will be given to the time. The Public Hearing was opened at 8:20 P.M. on the Application of D.C.R. Realty Corp. and Megtam torp. for a change of the Zoning Map of the Town of Wappinger and for the Re -zoning of Certain Premises in the Town of Wappinger to the Town Board of the Town of Wappinger, Fishkill, New York. THAT, CHARLES S. MICHEL, President of D.C.R. Realty Corp. and ARCHIE R. HANSEN, President of Megtam Corporation, respectfully petition the Town Board as follows:I, 1. The Petitioner, D.C.R. Realty Corp. is a domestic corporation with a principal place of business at 418 South Road, Poughkeepsie, New York, and the Petitioner, Megtam Corporation is a dpmestic cpr,`tpration wit# a 'principal,place of business at 40 Arlington Avenue, Poughkeepsie, New York. 2. Said Petitioner, D.C.R. Realty Corp., is owner of a certain parcel designated on the Town of Wappinger tax map #67 as Lot #1 Block 19 and is located in the Town of Wappinger and bounded by Route 9, Road and The Town of Wappinger - Town of Fishkill town line premises more particularly described in a Deed from Lillian Realty Corp. dated September 8, 1961 and recorded September of Deeds at Page 420 in the Dutchess County Clerk's office. The Petitioner, Megtam Corporation, has executed an option to purchase said property from Petitioner, D.C.R. Realty Corp. 3. That the total acreage of said parcel is approximately 170 acres of land which is remainder land, the high parts of the parcel having been sold off, and the balance now remaining is swampy and unsuitable for use as presently zoned. The Petitioners, desire to re -zone this parcel to Planned Industry. Petitioner, Megtam Corporation, has definate plans to locate a transportation terminal and warehouse with a building of a least 50,000 square feet on this site. The present zoning would permit such a facility but only to a 300 foot depth on route 9. In order to efficiently operate, Petitioner, Megtam Corporation, would require at least a 1000 fppt dept :K In order to use this site to such a depth, assuming it was permitted, the entire swampy area would have to be re-claimed. The cost of such reclamation would be prohibitive unless the entire 170 acres were zoned as Planned Industry with such re -zoning and with the location of a transportation facility within this site, it is without doubt that additional good industries would be attracted to this area. Petitioner, Megtam Corporation, has already had inquiries from several interested parties. 20 and which property Cooper Road, Smithtown and !s a portion of the Schlecter to D.C.R. 20, 1961 in Liber 1056 '44 Pursuant to the provisions of the zoning ordinances of the Town of Wappinger, New York dated January 29, 1963, Petitioners desire that the zoning map of the Town of Wappinger be amended to place the aforesaid approximate 170 acre parcel in a zone designated P 1 and that the said parcel be rezoned as Planned Industry. The majority of the parcel is now presently zoned R-40 with that portion bordering on Route 9 as General Business. WHEREFORE, your Petitioners pray that the Town Board of the Town of Wappinger take such steps and such action as may be necessary to grant the relief sought in this petition. Dated:. May 26th, 1966 D.C.R. REALTY CORP. Signed by: Charles S. Michel, Pres. MEGTAM CORPORATION Signed by: Archie R. Hansen, Pres. The Town Clerk read the following Notice of Public Hearing: NOTICE IS HEREBY GIVEN that pursuant to Section 265 of the Town Law, a Public Hearing will be held by the Town Board of the Town of Wappinger, Dutchess County, New York, at the Towii Hall, Mill Street, in said Town of Wappinger, New York, on the 18th day of October, 1966, at 8 o'clock P.M. in the evening of gaid day, in the matter of the application o' D.Q.R. Realty Corp., and Megtam Corporation, to amend the Town of Wappinger Zoning Ordinance, by changing the lands herein described from "RD -20 Optional Dwelling Residential District and R-40 One Family Residential District" to "PI Planned Industry." Said tract of land being in general situate in the Town of Wappinger and bounded by Route 9, Cooper Road, Smithtown Road and the Town of Wappinger - Town of Fishkill Town Line, and being more particularly described as follows: All those certain parcels described in the Town of Wappinger, County of Dutchess, State of New York tax map as Map #67, Block 1, Lots 19 and 20.: Said parcel is approximately 170 acres of land and is a portion of the premises formerly of Lillian Schlecter now conveyed to DCR Realty Corp. PLEASE TAKE FURTHER NOTICE that at the said time and place the Town Board will hear all persons wishing to speak in favor of the proposed amendment or irr opposition thereto. BY ORDER OF THE TOWN BOARD Elainemliown er Snowden Wappingers Falls, New York October 3, 1966 Submitted for the record: Notice of hearing dated October 3. Affidavit of posting certifying the posting on bulletin board October 6. Affidavit of publication of notice of Public Hearing, sworn to by a member of the staff of the Wappingers and Southern Dutchess News under date of October 7, and showing that publication was made on October 6. Mr. Quinn: The instruments of Petition and Notices previously offered for the record will be here for a few minutes for anyone to examine. They all comply with the Town Law. Mr. Fulton asked if there were any persons present who wished to speak in opposition to the Petition. Mrs. Russell: 1 feel that spot zoning is bad. There are nice homes along Cooper Road and Route 9. I am very much against any industry going in there. There are some beautiful building lots on Smithtown Road. Who would want to build up there if there was industry on that property? Mr. Cortellino: (Russ Place) The Town is contemplating this Rezoning without the 3 042 Planning Consultant. We are going through efforts of having the whole, area reviewed. It should be referred th them. The Petition did not state when the land was trans- ferred. I could see a hardship for someone who owned it for many years „but if they just bought it, it was bought while it waszoned that way. The reason for Planning is to protect every landowner. Those who bought because it was residential should not have Planned Industry put in there. Mr Diehl to Mr. Pagones: When was that property conveyed? Do we have a record of that at this time? Mr. Pagones: It is not conveyed now. It is a question that my client, Megtam Corp., has an option to purchase this property only for the sole purpose of industry. Mr. Fulton: I think D.C.R. has owned it for at least three years. The Town Clerk pointed out from the application that the deed from Schlicter to D.C.R. was dated 1961. Mrs. Keeler, Spook Hill Rd.: Does the State become involved in this because of a certain stage on Route 9? Mr. Fulton: The property is partially bounded by Town of Fishkill. I don't think the State takes an actibe part in the zoning. Mrs. Keeler: On Route 376 - I think that same company wanted half acre lots on this property. The property on Route 9 was before the Planning Board earlier. I think it's rather unusual that the soil is so bad you can't put homes in there. Why should industry be put in? Mr. Vandewinckel: There was a previous request for rezoning on this property for multiple dwellings, we had it a few months ago. Mr. Quinn: That was withdrawn. Mr. Fulton: Approximately how many acres are in the parcel? Mrs. Snowden: 170 acres. Mr. Ludewig: Out of that 157 acres are in the Town of Wappinger. Mr. Fulton asked if anyone else wished to speak against the Petition. There were none. Mr. Fulton asked if there were any persons present who wished to speak in favor of the Petition. George Pagones, Atty.: I represent Megtam Corp. which now has an option to purchase this property. The property that is under discussion is a swampy piece of property that anything of value has been sold off. The property is useless unless a great deal of money is spent to clear it off and make it usable. The only thing to make it usable is a commercial enterprise that can afford to have it cleared off. My people are in the process of extablishing themselves in the Town of Wappinger with a commercial enterprise which would leave a good deal of taxable real estate here in the Town of Wappinger. This is all I have to say at this time. Mr. Diehl to Mr. Pagones: What type of enterprise? Mr. Pagones: Something that would be suitable to the Planned Industry is what we are requesting now. Anything they build will have to come before the Planning Board. It will be a wholesale warehouse type of thing. We have no definite plans until we have this property rezoned. Mr. Fulton: Is there anyone else who wishes to speak for this Petition? Mr. Ed Rose: I represent the people selling it. We promised Mr. Pagones we would cooperate in every way. It is my understanding that most of the land involved that fronts on Route 9 is at present commercial, and what is of primary concern to the people buying it was that the back portion, which is swamp and requires a great deal of fill, can be utilized and zoned under your Planned Industry. It wouldn't mean a great deal tresent pictures because whatever they put up would have to be approved as to landscaping, fireproofing, and any of the lots nearby be protected. Fences, hedges, or whatever that the Board may require will have to be approved. I join in this: application and ask for the zoning change. I might point out it is one of the few things, if you rezone, which lends aid to the increase of school and land taxes, with- out putting more children into the district. Actually, the principal involved is Mr. Hanson who is in Saint Francis Hospital. He was hurt in a fall on Columbus Day. He was going to be here to better answer your questions, but he can't get out of bed. Mr. George Russell, Smithtown Rd.: I just have a question on my mind. I'm for new industry, but there is another problem out there. You're going to get a lot of commercial traffic and that is going to come up through Smithtown Road.' Mr. Rose: The traffic will only be coming in and out of the warehouse, their purpose will not be to deliver up Cooper and Smithtown, just north and south. Mr. Pagones: Most exits will be on Route 9. Approval of the Planning Board will say where they have to put exits, entrances, hedges, etc. In order to give everybody protection and for use of the swamp, they would have to go back further near Smith- town Road. Mrs. Russell: It would be noisy with trucks going in and out. I would rather see something as nice as that De Laval Plant. How could we be assured that the thing would go up? Mr. Pagones: Anything they build would have to be approved by the Town of Wappinger Planning Board. Mr. Tetrault, Edgehill Drive: Part of the property is already zoned commercial, part is unfit, but they are trying to change 170 acres. I am curious as to why 170 acres must be zoned commercial, it's a lot more than they need for one industry, unless by chance some other industry was going to be moved in there. Mr. Diehl: That's a good point, and I am sure the Planning Board will dig into that part of it. Mrs. Russell: There are some beautiful lots on that parcel. Mr. Fulton: As I pointed out, we will get a recommendation from Wappinger Planning Board and Dutchess County Planning Board on this request after which the Board will make its decision on this. Mr. Diehl moved the Hearing be closed. Meeting adjourned at 8:35 P.M. Elaine H. Snowden Town Clerk