1993-07-12 SPM930'712. SPM
A Special Meeting of the Town Board of the Town of Wappinger
was held on July 12, 1993, at the Town Hall, 20 Middlebush
Road, Wappingers Falls, Dutchess County, New York.
Supervisor Smith called the Meeting to order at 6:55 P.M.
Present:
Constance Smith, Supervisor
June Visconti, Councilwoman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Robert Valdati, Councilman
Robert Wallace, Councilman
Others Present:
Albert Roberts, Attorney to the Town
Joseph E. Paggi, Jr., Engineer to the Town
The Supervisor called a Special Town Board Meeting for
Tuesday, July 12, 1993, at 6:55 P.M. for the purpose the
Introduction of an Application for a Change of Zoning Law and to
set a Public Hearing for the Satellite Castle Corporation.
R E S O L U T I O N
TOWN OF WAPPINGER TOWN BOARD
RE: SATELLITE CASTLE CORPORATION APPLICATION FOR A CHANGE OF
ZONE - INTRODUCTION OF LOCAL LAW #
At a Special Meeting of the Town Board of the Town of
Wappinger, Dutchess County, New York, held at Town Hall, 20
Middlebush Road, Wappingers Falls, New York on the 12th day of
July, 1993, at 6:55 P.M.
The Meeting was called to order by Supervisor Constance O.
Smith, and upon roll being called, the following were:
w
PRESENT: Supervisor - Constance O. Smith
Council.persons - James Mills, Jr.
June A. Visconti
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ABSENT:
Robert Valdati
Robert Wallace, Jr.
The following resolution was moved. by Councilperson Visconti
and seconded by Councilperson Mills.
WHEREAS, the Town Board of the Town of Wappinger has
heretofore received an application from Satellite Castle
Corporation, 1400 Route 52, Suite 3, Hopewell Junction, New York
12533 for the rezoning of a 5.005 -acre parcel located on the
east side of New York State Route 376 opposite the intersection
with Myers Corners Road (County Route 93), from their present,
zoning classification of Conservation Office Park (COP) Highway
Business (HB); and
WHEREAS, the request for rezoning has been referred to the
Dutchess County Planning Department noted that it, was in
opposition to the subject rezoning as proposed without
limitation and suggested that the Town consider alternative ways
of encouraging the reuse of the subject property including
instituting restrictions upon the land which would prohibit the
uses permitted in the HB which would be inappropriate for this
property; and
WHEREAS, the matter has been further referred to the Town of
Wappinger Planning Board pursuant to Section 602 of the Zoning
Law of the Town of Wappinger, and after the Planning Board
meeting of March 16, 1993, the Wappinger Planning Board has
recommended to the Town Board that the subject premises should
only be rezoned to HB subject to restrictive covenants_ limiting
the permitted use of the property, with the express
understanding that the Planning Board's recommendation is not to
be construed as a commitment to any specific development of the
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site at the maximum density permitted by HB and with the further
understanding that the extent of any development will be
determined at the time the Planning Board completes a site
specific environmental review in accordance with SEAR, when, as
and if the property owners submit an application for development
in accordance with the HB zoning district; and
WHEREAS, the subject property is located within the
Wappinger Sewer Transmission/Treatment Improvement Area commonly
known as Phase III; and
WHEREAS, prior to any development approval by the Planning
Board, the Planning Board will undertake a full environmental
review in accordance with the SEAR, including the preparation of
an EIS, if necessary, as determined by the Planning Board; and
WHEREAS, the Town Board of the Town of Wappinger desires to
consider the formal adoption of the proposed amendment to the
Zoning Law of the Town of Wappinger and the related Zoning Map
of the Town of Wappinger by changing the zoning classification
of the premises owned by Satellite CAstle Corporation fro COP to
HB subject to execution of an Agreement between the Town of
Wappinger and the Applicant and a Declaration of Restrictive
Covenants; and
WHEREAS, the Town Board declared itself Lead Agency in
accordance with SEQR and Town Board has caused to be completed
Part I and Part 2 of a long form EAF; and
WHEREAS, by resolution dated February 22, 1993, the Town
Board of Wappinger determined that the intended action, i.e.,
the adoption of the aforesaid Local Law, is both an Unlisted
Action pursuant to Article 8 of the Environmental conservation
Law Part 617 NYCRR and Local Law 6 (commonly known as "SEAR") of
1992 and an action for which there are no other involved
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agencies; and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby
introduces for consideration of its adoption proposed Local Law
of the year 1993 in the form annexed hereto; exo/ept as
specifically modified by the amendments contained herein, the
Zoning Law has originally adopted and amended from time to time
thereafter is to remain in full force and effect and is
otherwise to be ratified, readopted and confirmed.
2. The Town Board has reviewed the attended action, i.e.,
the change in zoning classification of the subject premises from
COP to Hb and hereby specifically reserves the right to make its
Determination of Significance until conclusion of the Public
Hearing on the proposed rezoning.
3. The Town Board of the Town of Wappinger hereby schedules
a Public Hearing regarding the adoption of the annexed proposed
Local Law for 6:45 P.M. on the 26th day of July, 1993, and the
Town Clerk is hereby directed to publish notice thereof in the
Town's official newspapers not less than ten (10) days prior to
said public hearing date.
4. The Town Board of the Town of Wappinger hereby directs
the Town Clerk to serve a copy of this resolution, the annexed
proposed Local Law and the Public Hearing notice to the
municipal clerk of each abutting municipality not less than ten
(10) days prior to said public hearing.
The question of adoption of the foregoing resolution was
duly put to a vote on roll call, which resulted as follows:
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CONSTANCE O. SMITH voting Aye
JAMES MILLS, JR. voting Aye
ROBERT L. VALDATI voting Absent
JUNE A. VISCONTI voting Aye
ROBERT P. WALLACE, JR. voting Absent
The resolution is hereby duly declared adopted.
A LOCAL LAW AMENDING
THE ZONING LAW AND ZONING MAP OF
THE TOWN OF WAPPINGER
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 time to time thereafter, is hereby
v further amended by designating a certain parcel of property
owned by Satellite Castle Corp. from its present zoning
designation of Conservation Office Park (COP) to Highway
Business (HB), said 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 or
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:
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PRESENT OWNER: Satellite Castle Corp. 1400 Route 52
Suite 3, Hopewell Junction, NY 12533
TAX GRID NUMBER: 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.
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 a map entitled
"Subdivision Splat, S.W. Whitmore, P.A. Stringham", dated July,
1980 and filed in the 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 Fi_shkill 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
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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. Stri_ngham, 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.
MRS. VISCONTI moved that a Public Hearing be set for July 26,
1993 at 6:45 P.M. on the proposed Zoning Amendment for a parcel
of Land owned by Satellite Castle Corporation located at the
intersection of Route 376 and Myers Corners Road.
Seconded by Mr. Mills
3 Ayes, 0 Nays
There was no other business to come before the Board.
MR. MILLS moved to close the Special Meeting.
Seconded by Mrs. Visconti, and unanimously carried. The Special
Meeting closed at 7:03 P.M.
Elaine H. Snowden
Town Clerk