1993-08-09 SPM930809.SPM
A Special Meeting of the Town Board of the Town of Wappinger
was held on August 9, 1993, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
Supervisor Smith called the Meeting to order at 7:02 P.M.
Present:
Constance Smith, Supervisor
Robert Valdati, Councilman
June Visconti, Councilwoman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Robert Wallace, Councilman
Others Present:
Albert Roberts, Attorney to the Town
Joseph Paggi, Engineer to the Town
Dan Wery, Planning Consultant to the Town
This Special Meeting was scheduled by the Supervisor for August
9, 1993, for the purpose of adopting the proposed Local Law
amending the Zoning Law and the Zoning Map of the Town of
Wappinger by rezoning a parcel of land owned by Satellite Castle
Corporation.
A Public Hearing of July 26, 1993, having been adjourned to
August 9, 1993, at 7:00 P.M. on the proposed Local Law Amending
the Zoning Law and the Zoning Map of the Town of Wappinger, the
matter was placed before the Board for their consideration.
The following Resolution was offered by COUNCILWOMAN VISCONTI
who moved its adoption:
WHEREAS, Satellite Castle Corporation, 1400 Route 52, Suite
3, Hopewell Junction, New York 12533 (the "Applicant") has
submitted an application for a change of zone from Conservation
Office Park (COP) to Highway Business (HB) for a project known
as Family Farm involving the sale of fruits and vegetables,
baked goods, meats and other produce on a 5.005 -acre parcel of
land located on the east side of New York State Route 376
opposite the intersection with Meyers Corners Road know as tax
lot parcel 6358-01-296627; and
WHEREAS, the subject property contains a building having
25,000 square feet of floor area on the subject property which
was constructed for and occupied by a racquetball and fitness
club, which building has been vacant since 1986; and
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WHEREAS, the Applicant has submitted an Environmental Form
(Part 1 and 2) including a Visual Addendum dated February 1,
1993; and
WHEREAS, the Wappinger Town Board, acting as Lead Agency,
has determined that the proposal is an Unlisted action in
accordance with SEQR and the Town of Wappinger Environmental
Quality Review Law; and
WHEREAS, in accordance with Articles 6 of the Town of
Wappinger Zoning Law, Section 602, the Town Board referred the
request for a change of zone to the Planning Board for their
review and recommendations; and
WHEREAS, by memorandum dated March 16, 1993, to the Planning
Board, the Town of Wappinger Zoning Law, Section 602, the Town
of Wappinger Zoning Administrator recommended a more restrictive
zoning district or contract zoning be implemented to prohibit
uses not deemed desirable for the subject site; and
WHEREAS, the Planning Board reviewed the proposal at their
March 16, 1993, meeting and forwarded the minutes of the meeting
to the Town Board with the recommendation that while they
supported the proposed reuse of the building by the Family Farm
business or similar businesses, many of the used permitted by
right in the HB District would not be appropriate for this
location; and
WHEREAS, in accordance with Section 239-m of the General
Municipal Law, the Town Board referred the request for a zone
change to the Dutchess County Planning Department for their
review and recommendations; and
WHEREAS, the Dutchess County Planning Department responded
to said referral by letter dated March 30, 1993, and made the
following recommendation: "The Dutchess County Department of
Planning recommends that the Board deny the application for a
zone change from Conservation Office Park to Highway Business.
As discussed above, our chief reason is that an HB Zone would
open up the area to certain commercial development pressures and
would permit many uses that are not appropriate for this part of
the community or for this important roadway. As noted in our
discussion, we suggest that the Board and the Applicant consider
alternative ways of facilitating reused of this site."; and
WHEREAS, in their recommendation, the Dutchess County
Planning Department made the specific suggestion that an
alternative to the proposed change with strict conditions
tailored to the site; these would depend on the Board's
concerns, and might involve lower maximum square footage,
limited and specified variety of uses, more specific landscaping
requirements, setback changes, design standards, etc.."; and
WHEREAS, the Town Board agreed with the recommendations of
the Planning Board and the Dutchess County Department of
Planning and indicated their willingness to consider the
rezoning application provided that the Applicant restrict the
use of the subject property to those permitted uses within the
HB District which would be appropriate for the reuse of this
property and compatible with the surrounding area restrict the
development of the property to the dimensional requirements of
the COP District; and
WHEREAS, the Applicant has revised the application and has
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930809.SPM
prepared a Declaration of Restrictive Covenants and a draft of
an agreement between the Town of Wappinger and the Applicant in
connection with the restrictions mentioned immediately above;
and
WHEREAS, the Town Board has considered the recommendations
of the Dutchess County Planning Department, the Town of
Wappinger Planning Board, the Town of Wappinger Zoning
Administrator, the Town Engineer, the Town Attorney and the
rrr. Town's Planning Consultants and is familiar with the subject
property and the surrounding areas; and
WHEREAS, despite the fact that the subject building has been
vacant since 1986 and has been zoned for Conservation Office
Park since 1990, there has been little or no expressed interest
in redeveloping the subject property in accordance with the
provisions of the COP zoning district and the property has, as a
result, fallen into disrepair; and
WHEREAS, the subject property has a visual and economic
blighting effect upon the immediate area of the site; and
WHEREAS, the Town Board believes that it is in the best
interest of the overall economic health and vitality of the Town
of Wappinger to make productive use of the Town's existing,
vacant and/or under-utilized buildings and structure through
their appropriate reuse and/or redevelopment; and
WHEREAS, in accordance with the Declaration of Restrictive
Covenants, the subject property shall comply with certain
dimension requirements of the COP District including the front
and side yard setbacks, maximum building coverage, maximum floor
area, maximum impervious surface, minimum landscaped open space
and maximum building height and, as such, the proposed rezoning
will permit development of the subject property at an intensity
which is equal to or less than that permitted by the current COP
District; and
WHEREAS, any future use of the subject property will require
Site Area Plan Approval in accordance with the Town of Wappinger
Zoning Law including a complete site-specific environmental
analysis in accordance with SEQR; and
WHEREAS, the 5.005 -acre subject property would be prohibited
from future subdivision and therefore all commercial use of the
subject property would be limited to a large land area; the
subject property has substantial depth and the existing building
is set back a considerable distance from New York State Route
376; the subject property will be subject to specific
restrictive dimensional requirements of the COP District which
requires a minimum landscaped open space area of 60%, a maximum
floor area of 20%, and a maximum building coverage of 15% of the
property; and
WHEREAS, the proposed and permitted principal retail uses
would be limited to the subject property and would not result in
strip commercial development; and
WHEREAS, the Town Board has referred the revised application
and latest draft of the Proposed Declaration of Restrictive
Covenants and the Proposed Agreement to the Dutchess County
Planning Department and the Town of Wappinger Planning Board for
their review and recommendation; and
WHEREAS, the Dutchess County Planning Department responded
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930809.SPM
by letter dated , 1993, in support of the proposed
zoning change contingent upon the execution of such documents as
drafted; and
WHEREAS, by Resolution dated August 2, 1993, the Planning
Board recommended adoption of the proposed zoning change from
COP to HB contingent upon the execution of the Proposed
Agreement and Proposed Declaration of Restrictive Covenants; and
WHEREAS, the Town Board held a duly advertised Public
Hearing on July 26, 1993, at 7:00 P.M. at the Town Hall at which
time all those wishing to be heard were given the opportunity to
be heard and the Public Hearing was adjourned to August 9, 1993,
and was closed on that date.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board hereby adopts and incorporates the
recitations and statements set forth above, including those
contained in the August 2, 1993, Resolution of the Planning
Board, as if fully set forth herein; and
2. In accordance with Article 8 of the Environmental
Conservation Law Part 617 NYCRR (SEQRA), the Town Board acting
as Lead Agency has determined that the proposed action will not
have a significant adverse impact upon the environment and
therefore hereby issues a Negative Declaration for the proposed
rezoning for the following reasons:
a. The proposed change of zone will be subject to
restrictive covenants which will limit the
development of the subject property to the same
intensity permitted by the COP District;
b. The proposed rezoning will not set a precedent for
future requests for rezonings to permit retail
development within the area because the surrounding
commercial areas are vacant and do not share any of
the unique and compelling circumstances associated
with the subject property;
C. The use of the subject property will be subject to a
site-specific environmental analysis in accordance
with SEQR and will require prior Site Plan Approval
by the Planning Board; and
3. The Town Board hereby determines that there are unique
and compelling circumstances for rezoning the subject property
from COP to HB subject to the specific use limitations and
dimensional requirements set forth in the Declaration of
Restrictive Covenants and, as such, the rezoning will not
benefit the subject property at the expense of the adjacent or
surrounding properties, but to the contrary will afford the
opportunity for the redevelopment and improvement of the
derelict subject property to the benefit of the surrounding
area; and
4. The Town Board hereby adopts the attached Local Law
amending the zoning map to change the zoning of the subject
property from Conservation Office Park (COP) to Highway Business
(HB) subject to the execution of the Proposed Agreement and the
recording of the Proposed Declaration of Restrictive Covenants
as submitted to the Board this evening; and
5. The Town Board hereby directs the Town Clerk to file a
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930809.SPM
copy of this resolution and the annexed Local Law with the New
York Secretary of State upon evidence of such filing and
execution of the documents mentioned above; and
6. The Town Board of the Town of Wappinger hereby directs
the Town Clerk to serve a copy of this resolution and the
annexed Local Law to the Dutchess County Planning Department
upon evidence of such filing and execution of the documents
mentioned above.
The question of adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
Seconded by: Councilman Mills
Roll Call Vote: 4 Ayes 0 Nays Councilman Wallace --Absent
Resolution Duly Adopted.
BE IT ENACTED by the Town Board of the Town of Wappinger as
follows:
Section 1. The Zoning Law and the Zoning Map of the Town of
Wappinger, said Zoning Map having been prepared by Raymond H.
Arnold, Planning Consultant, dated July 31 1990, adopted by the
Town of Wappinger, pursuant to Local Law #5 of 1990, and
subsequently amended from tome to time thereafter, is hereby
further amended by designating a certain parcel of property
owned by Satellite Castle Corp. from its present zoning
designation of Conservation Office (COP) to Highway Business
(HB), said parcel of property being more particularly described
in Schedule A, annexed hereto and made part hereof, and
containing 5.005 acres of land, more or less.
Section 2. The Town Supervisor is hereby directed to take
whatever steps are necessary to have the Zoning Map of the Town
of Wappinger amended to reflect the zoning change hereby
approved and said Supervisor is hereby authorized to retain the
services of a professional engineer, licensed land surveyor of
planning consultant to amend a Town of Wappinger Zoning Map,
within 60 days from the date of the adoption of this Local Law.
Section 3. The parcel of property which is the subject of
this Local Law is further identified as follows:
PRESENT OWNER: Satellite Castle Corp., 1400 Route 52,
Suite 3, Hopewell Jct., NY 12533
TAX GRID: 19-6358-01-296627
DEED REFERENCE: Dutchess County, Liber 1907, Page 304.1
Section 4. This Local Law is adopted on the express
condition that the owner of the subject parcel, Satellite Castle
Corp., execute and record in the Dutchess County Clerk's Office,
and indexed against the subject premises, a "DECLARATION OF
RESTRICTIVE COVENANTS" in the form attached hereto and
identified as Exhibit 1, within 30 days of the adoption of this
Local Law by the Town Board.
Section 5. This Local Law shall become effective
immediately upon the recording of the above referenced
"DECLARATION OF RESTRICTIVE COVENANTS" in the Dutchess County
Clerk's Office and the filing of this Local Law with the
Secretary of State as prescribed by Law.
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930809.SPM
SCHEDULE "A":
All that certain plot, piece or parcel of land situate, lying
and being in the Town of Wappinger, County of Dutchess and State
of New York, shown as Lot No. 1 on map entitled "Subdivision
Plat, S.W. Whitmore - P.A. Stringham", dated July, 1980 and
filed in a Dutchess County Clerk's Office on July 28, 1980 as
Map No. 5917, bounded and described as follows:
BEGINNING at a point on the northerly line of the New York State
Highway that runs between Fishkill and New Hackensack and
commonly known as Route 376 at the southwesterly corner on the
westerly line of a strip of Land belonging to Central Hudson Gas
and Electric Corporation and;
Running thence along the northerly and easterly line of said
Highway on a curve convex to the southwest having a radius of
1085.92 feet and a length curving right and northwesterly 671.65
feet to a point on a curve at a concrete monument and thence
North 25 23' 00" West 80.00 feet;
Thence leaving said highway and running through the lands of S.
Whitmore and P.A. Stringham, North 52 31' 00" East 537.09 feet
to the westerly exterior line of said Central Hudson Gas and
Electric Corporation;
Thence along said corporation, South 17 35' 30" West 50.00 feet
and South 11 10' 00" East 767.07 feet to the point beginning.
Mr. Mills referred to the correspondence from Tom Logan, Town
Assessor, regarding the engagement of Mr. McGrath to assist him
with the State's Property Assessments.
Mr. Mills moved to authorize Mr. McGrath to work with Tom Logan,
Town Assessor, on the State's Property Assessments.
Seconded by Mrs. Visconti
Motion Unanimously Carried
Mrs. Visconti moved to close the Special Meeting, seconded by
Mr. Mills and unanimously carried.
The Special Meeting closed at 7:07 P.M.
-
Elaine
om-
Elaine H. Snowden
Town Clerk
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930809A.PH
The Adjourned Public Hearing was held by the Town Board of the
Town of Wappinger on August 9, 1993, at, the Town Hall, 20
Middlebush Road, Wappingers Falls, New York, on a proposed Local
Law Amending the Zoning Law and Zoning Map of the Town of
Wappinger by rezoning a parcel of land owned by the Satellite
Castle Corporation from the present zoning classification of
Conservation Office Park (COP) to Highway Business (HB) and by
directing that the Zoning Map of the Town of Wappinger dated the
31st day of July, 1990, be amended to reflect such rezoning
classification.
Supervisor Smith reopened the Meeting at 7:00 P.M.
Present:
Constance 0. Smith, Supervisor
James Mills, Councilman
Robert Valdati, Councilman
June Visconti, Councilwoman
Absent:
Robert Wallace, Councilman
The Town Clerk offered for the record the Affidavits of Posting
and Publication duly signed and notarized. (These Affidavits
are attached hereto and made part thereof of the Minutes of this
Meeting).
Supervisor Smith asked if anyone in the.audience wished to speak
to Satellite Castle Corporation. There were no questions or
comments from the audience.
MRS. VISCONTI moved to close the Public Hearing, seconded by Mr.
Mills and unanimously carried.
The Hearing closed at 7:02 P.M.
(Eai('e H. Snowden
Town Clerk
TOWN BOARD: TOWN OF WAPPINGER
DUTCHESS COUNTY: NEW YORK
IN THE MATTER
M
NOTICE OF PUBLIC HEARING ON THE
PROPOSED LOCAL LAW AMENDING THE
ZONING LAW OF AND ZONING MAP OF
THE TOWN OF WAPPINGER.
STATE OF NEW YORK )
ss:
COUNTY OF DUTCHESS )
AFFIDAVIT OF
POSTING
ELAINE H. SNOWDEN, being duly sworn, deposes and
says:
That she is the duly elected, qualified and acting Town
Clerk of the Town of Wappinger, County of Dutchess and State
of New York.
That on June 14, 1993, your deponent posted a copy of the
attached notice of Public Hearing on the proposed "Local Law
Amending the Zoning Law and the Zoning Map of the Town of
Wappinger" by rezoning a parcel of land owned by the Satellite
Castle Corporation and located on the east side of Route 376 at
its intersection with Myers Corners Road and designated on the
Town of Wappinger tax Maps as tax grid numbers 19-6358-01-296627
from the present zoning classification of Conservation Office
Park (COP) to Highway Business (HB), on the signboard maintained
by ,your deponent in her office in the Town Hall of the Town of
Wappinger, 20 Middlebush Road, Wappingers Falls, Dutchess
County, New York.
Elaine H. Snowden
Town Clerk
%W
Sworn to before this —96 day
of � ' 1993.
Notary Public
JUNDA M. Ltl, M
Notary PubliC, State of NeWYOM
No. 2381720
Qualified in Dutchess County ?
Commission Expires 10/31/1
Southern Dutchess News
914 297-3723
84 EAST MAIN STREET — WAPPINGERS FALLS
NEW YORK - 12590
NOTICE OF PUBLIC HEARING
TOWN OF WAPPINGER
NOTICE IS HEREBY GIVEN the
Town Board of the Town of Wappp--
inger will conduct a PUBLIC HEAR.
ING on the 26th day of July, 1993,
at 6:45 p.m. at the Town Hall, Town
of Wappinger, 20 Middlebush Road,
Wappfingers Falls, New York, at
which time all parties in interest and
citizens shall have an opportunity to
be heard as to whether the Town
Board of the Town of Wappinger.
shall adopt a proposed "Local Law
Amending the Zoning Law and the
on g Map of the Town of Wapp-
inger' by rezoning a parcel of land
ownedby the Satellite Castle Corp.
and located on the east side of Route
376 at its intersection with Myers
Comers Road and designated on the
Town of Wappinger Tax Maps as tax
grid numbers 19.6356-01-296627
from the present zoning classification
of Conservation Otkv Park (COP) to
Highway Business (HB) and by direc-
ting
irerting that the Zoning Map of the Town
of Wappinger dated the 31 st day of
July, 1990 be amended to reflect
such rezoning classification.
PLEASE TAKE FURTHER
NOTICE that the Town Board of the
Town of Wappinger has not made
any Declaration of Significance pur-
suant to the New York State Er,
vironmental Review Act.
PLEASE TAKE FURTHER
NOTICE that copies of the propos-
ed Local Law are available for review
and Inspection at the office of the
Town Clerk on weekdays from 6:30
a.m. to 4:00 p.m.
BY ORDER OF THE
TOWN BOARD OF THE
TOWN OF WAPPINGER
ELAINE SNOWDEN,
TOWN CLERK
DATED: JULY 12, 1993
n
AFFIDAVIT OF PUBLICATION
State of New York,
County of Dutchess,
Town of Wappinger.
Joan miller of the
Town of Wappinger, Dutchess County, New York,
being duly sworn, says that he is, and at the several
times hereinafter was, the .,,..Bookkeeper
of the SOUTHERN DUTCHESS NEWS, a
newspaper printed and, published every Wednesday
in the Town of Wappinger, Dutchess County, New
York, and that the annexed NOTICE was duly
published in the said newspaper for „one weeks
successively in each week, commencing on the
14thday of ,,,July 19 93 and on the
following dates thereafter, namely on
and ending on the 14th day of .July.
19.9 3 both days inclusive.
U
Subscribed and sworn to before me
this ...14th... day of .... .��j...:4yQQ�........r19�.9.3�j
..........
Notary Public
My commission expires ....fiAC. Ad HELWISHART..............
IWARY PUBLIC. STATE OF NEW YORK
QUALIFIED IN Du TcHESS COUNTY
IN 14-4855902
VOM1MdISSION EXPIRES MARCH 31, 121