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1970-03-05 PHA Public Hearing was held by the Town Board of the Town of Wappinger on March 5, 1970, at Wappingers Junior High,'Remsen Avenue, Wappingers Falls, New York, on three Ordinances Amending the Zoning Map of the Town of Wappinge"r, from "RD -40" (Optional Dwelling) to "R-40" (One Family Residential). Supervisor Diehl opened the Public Hearing at 7:37 P.M. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G."'Donald Finnan,`? Councilman Harry Holt, Councilman J�me�s `Mills , Jr.`, 6ou'nc iiman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Rudolph Lapar, Engineer to the Town Joseph E. Ludewig, Building Inspector The Clerk offered fcr the record, the Affidavit of Postin duly 5� signed and notarised.._, and the Affidavit of Publication day signed and notarized by Beattice Osten, Editor -Publisher Of the W&SD News. (These Affidavits ate attached hereto and made a part hereof of the Minutest of this Heaving). Supervisor Diehl` asked for those in favor of the rezoning to speak. Mr. Leo Ritter, Attorney for the Wappinger Conservation Association made his presentation. He than introduced Dr. Jerome Regnier, Geologist, acting on behalf of the Wappinger Conservation .Association. He gave a tech*L- 1 report on around water conditions and water tables in the aea..- The next speaker was Dr. Robert Rehwoldt, Chemist, represeti the Wappin9er Conservation Association. He discussed wate44414411ity of the drainage and ground -water supply adjacent to Chelseee and Montclair Town House apartments and showed sli0e$. ..- Dr. Paul C. Garell, a resident in the Town, spoke bn dangeav Of infection, what be termed "E Coli", from polluted Waters, dafientl to both children a*d adults and known to be very serious in the newborn. (These reports are fully stated in the Trancr' t bf the Hearin , P� whit* is attaaiec5 1ereto. ) Others .speaking for the rezoning were: Harold Webber, J:Rettini, Chelsea Road George Barbiar4, Lea Lane John Costa, Chelsea Road Alex Rosmilso,, Chelsea Road Frances Reese, New Hamburg Malcolm Carey,.'iAttorney for Cood Counsel Walter Cronin, Widmer Road Dr. Melvin Engelman, 1 East Academy St. Luke Little, Chelsea William Keen, Hackensack Heights Tom Batira, 13 Daisy Lane Frank Newman Supervisor Diehl then asked for those against the rezolt ng to speak. William Baron, Attorney representing Investors Cojiatoral Corp. submitted a formal protest against the rezoning. A formal protest was also submitted by Nattin Realty Corp. Others speaking against the rezoning were: Barry Cohen, owns 'property off Route 9 and Osborne Hill Road. Ilando Capolino, owns property south of Old Hopewell Road Guido Capolino Donald, McDonald. Supervisor closed the hearing at 11:14 P.M. �_1 Elaine H. Snowden . Town Clerk Wappinger will conduct a w blic hearing at the Wappinger Junior HI& «school Cafeteria, mien Av s eppingers Falls, New York, do McItch 5, 1970, at , ;. E °.e 1 ,r all persons concerning the ne three Ord a x'. Zoitiq. • of the ToWn appingeFi4,• (5 The moved its ado E IT RESO n'1s�AIappinger, ority conferr ction 1. The ted Januetry 29, nded by fining the D-40" (Optima Dwelling) to "R-4 istrict, said tract 't parcel of land being situat Wappinger, County of Dutchess and State of New flows: ows: f land located in the Town of Wappinger on the Zoning Map of the Town of ing wast,,;o _New York State Highway east o •d�yyer Road and north of BEGINNING at a point which sa oint is oo tlsosoyth side of Old State Road in the Town of Wappicubed as riows: n and W '.h said point is 100 York -outs 9D and utherly on 2,900 +>it is on r then tersection Y •0 feet more to running the y of said LB e,Town of the of ws: Map Ether from tial) n of r York and more Particularly described as ALL that tract or part and being generally desert Wappinger as the RD -40 Zon Route 9D, south of Keever's Chelsea Road m and ore generally feet westerly of the intersection of Old State Road and running thence in feet more or less to a point which said boundary of the LB District lying between t 9D and Chelsea Road and which said point is from the intersection of Route 9D and Chelsea R in a westerly direction along the northerly bou District as the said boundary winds and turns 950, plui br minus, feet to a point at the northeast corner of lot 17.2, block 1, gs shown on Tax Map 83 of the Town of Wappinger running thence along the north boundary of lot 17.2, lot 16 and lot 12.1.2, block 1, as shown on said Tax Map No. 83, 880, plus or minus, feet to a point on the northeast boundary of lot 2, block 1, as shown on said Tax Map No. 83; thence in a northwesterly direction along said northeasterly line 600, plus or minus, feet to a point; thence in a southeasterly direction 700, plus or minus, feet to a point 150 feet from the north side of Chelsea Road as shown on said Zoning Map; thence in a westerly direction on a line parallel with Chelsea Road and 150 feet northerly therefrom 3,200 feat more or less to a point; thence in a northerly direction through lots 1 and 2, block 1, Tax Map No. 85, 2,400, plus or minus, feet to a point on the southerly boundary of lot No. 58, block 1, Tax Map 84; thence in a generally northerly direction through lots 49, 47, 48 and across Sky Top Drive, continuing through lots 5, 16, 14.1, 9 and 1, all block 1, Tax Map 84, and 10.1, block 1, Tax Map 76, 4,200, plus or minus, feet to a point on Old State Road, which said point is 400, plus or minus, feet south of the intersection of River Road and Old State Road; thence southeasterly along the outh side of Old State Road 1,400, plus or minus, feet to the point place of beginning. - ection 2. This amendment shall become effective upon adoption, sting and publication as prescribed by Town Law. conded by: Councilman Clausen - ORDINANCE AMENDING ZONING MAP OF THE TOWN OF WAPPINGER The following ordinance was introduced by Supervisor Diehl who moved its adoption: BE IT RESOLVED and ordained bythl C ow Town rd of a Tfo the wn of Wappinger, Dutchess County, New authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of land from "RD -40" (Optional Dwelling) to "R-40" (One Family Residential) District, said tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York and more particularly described as follows: ALL that tract or remelt of land located in the,Town of Wappinger, County of Dutchess and State of New York, bounded and described generally as follows: BEGINNING at a point on the east side of the right of way line of the Penn Central Railroad property (formerly New York Central and Hudson River Railroad Company) at a point where the north boundary line of parcel No. 69, Block 1, as shown on the tax map of the Town of Wappinger being plat No. 84 intersects said east line of the Penn Central Railroad line and running thence in a northerly direction along the east line of the Penn Central Railroad 5,550 feet more or less to a point where the north line of parcel No. 5, Block 1, on atax map No. 76 of the Town of Wappinger intersects the east li , •f the said Penn Central Railroad running thence in an easterly CLASSIFIED ADVERTISING 7 - 3724 - WAPPINGERS FALLS, N.Y. shon oa shod Wappifrlg .- Wheeler direction' the south along the sou' .., point 125 feet eert `. In a generally south r y d Road and River Road and 125, AFFIDAVIT OF PUBLICATION State of New York, County of Dutchess, Town of Wappinger. Beatrice Osten of the Town of Wappinger, Dutchess County, New York, being duly sworn, says thatShe is. and it the several times hereinafter was, thdcr•O.-.Edi A>:: P.ub.liAlam W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutchess County, New York. and that the annexed NOTICEOone week duly published in the said newspaper for week successively...QP P.. in each week. commencing on the... J 9• b.. day of.. F.@bFu4TY... . 197.9 and on the following dates thereafter, namely on and ending on the...1.9th .. day of. F.ebxxiary... 19. 7 Oboth days inclusive. Subs ibed and sworn to be me. r 6 this _�� day of, .....,. � ,,‘,‘.'kA.(.‘.. . ,19. � , e- 1t F:'' .i .i.'r ll. ' i‘.itk 1. • • . ‘.:: l •C' Notary Public along the southerly boundary ;- • istrict as ing M • the Town of Wapp nds as 1, tax map -��i>� of o tY ne to 1 i' ction 2, 0 with Old tate ='a•'" ence n anon a line parallel with Old State lus or minus, feet westerly therefrom 5,200 feet more or less to a point In the northerly line of lot No. 69, block 1, as shown in tax map No. 84 of the Town of Wappinger, thence in a westerly direction and along the northerly boundary of said lot No. 69, 300, plus or minus, feet to the point or place of beginning. Said premises are more generally set forth on the zoning map of the Town of Wappinger and are intended to include all of the RD -40 zone as shown on said map line south of Wheeler Hill Road and west of River Road. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Clausen ORDINANCE AMENDING ZONING MAP OF THE TOWN OF WAPPINGER The following ordinance was introduced by Supervisor Diehl who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of land from "RD -20" (Optional Dwelling) to "R-20" (One Family Residential) District, said tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York, and more particularly described as follows: ALL that parcel of land located in the ToWn of Wappinger, County of Dutchess and State of New York, as shown on the Zoning Map of the Town of Wappinger adopted January 29, 1963, bounded and described as follows: BEGINNING at a point, said point being at the intersection of Osborne Hill Road and Ketchamtown Road; thence in a 'northwesterly direction along the northerly line of Ketchamtown Road a distance of 1,400, plus or minus, feet to the southwest corner of lot 21, block 1, Tax Map 70, said point also being the southeast corner of lot 22, block 1, Tax Map 70; thence across lot 22, 200, plus or minus, feet to a point on the easterly line of lot 23, block 1, Tax Map 70; thence northwesterly on a line parallel with Ketchamtown Road and 200, plus or minus, feet northerly therefrom 800, plus or minus, feet; thence southeasterly 200, plus or minus, feet to the northerly line of Ketchamtown Road; thence in a northwesterly direction along Ketchamtown Road, across Route 9D, 8, 125, plus or minus, feet to a point on the westerly side of Route 9D and 125, plus or minus, feet west of Route 9D; thence northeestlirly;.,pn' a I19e, parallel with Route 9D westerly therefrom 500, plus or,mintls„fee; to a point, said point being on the LB zone line; thenceeround'aaid" .B zone, the following distances: 1,125, plus pr minus, feet; -,5041 pius.or;"- minus, feet and 1,100, plus or minus, feet to a point oil *e;3puth aide of Route 9D; thence along the southern side of route9113 in a northerly direction a distance of 2,400, plus or minus, feet to the southwest corner of lot 1, block 1, Tax Map 57; thence easterly on a line parallel with Middlebush Road and 150 feet southerly therefrom, 1,000, plus or minus, feet; thence southerly through lots 3.1 and 6.1.1, block 1, Tax Map 57, 2,100, plus or minus, fee; to the northerly side of Hopewell Road; thence across Hopewell Road and following the stream bed of Hunter's Creek to a small pond behind the Card Subdivision, a distance of 2,800, plus or minus, feet, thence around Card's Subdivision 2,400, plus or minus, feet to a point on the westerly side of Route 9; thence southerly along the westerly side of Route 9 and continuing along the westerly side of Osborne Hill Road 72,400, plus or minus, feet to a point; thence crossing Osborne Hill Road and around the HB -2 zone 1,600, plus or minus, feet to the, west side of Route 9; thence southerly along the west side of Route 9 2,400 feet to a point; thence in a northeasterly direction across Green Fly Swamp 1,600, plus or minus, feet to the point or place of beginning. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Councilman Clausen • ORDINANCE AMENDING ZONING MAP, OF THE TOWN OF WAPPINGER $ I The following ordinance was intr-Cticed by--Evisor ZT-1-ri who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the T, Town of Wappinger, Dutchess County, New York, in pursuance i I! h Residential) District, said tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York and more particularly described as follows: \ ALL that tract oi. parcel of land located in the.. Town of Wappinger and,being generally described on the Zoning Map of of the authority conferred by the laws of the State of New York, as follows: Section 1, The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from( time to time, is further amended by rezoning the following described parcel of land from "RD -40" (Optional Dwelling) to "R-40" (One Family the Town of Wappinger .s the RD -40 Zone lying west of New York State Highway •Route 9D, south of Xeever's Road, east of River Roac: and north of Chelsea Road and more generally described as follows: ORDINANCE AMENDING ZONING MAP OF THE TOWN OF WAPPINGER The following ordinance was introduced by Sup-crrisor Diehl who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by. rezoning the following described parcel of land from "RD -40" (Optional Dwelling) to "R-40" (One Family Residential) District, said tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York and more particularly described as follows: ALL that tract or parcel of land located in the Town of Wappinger, County of Dutchess and State of New York, bounded and described generally as follows: L BEGINNING at a point which said point is on the south side of Old State Road in the Town of Wappinger and which said point is 100 feet westerly of the intersection of New York State Route 9D and Old State Road and running thence in a southerly direction 2,900 feet more or less to a point.w':ich said point is on the northerly boundary of the LB District lying between the intersection of Route 9D and Chelsea Road and which said point is 1,200 feet more or less from the intersection of Route 9D and Chelsea Road running thence in a westerly direction along the northerly boundary of said LB District as the said boundary winds and turns 950 feet to a point at the northeast corner of lot 17.29 block 1, as shown on Tax Map 83 of the Town of Wappinger running thence -along the north boundary of lot 17.2, lot 16 and lot 12.1.29 block 1, as shown on said Tax Map # 83, 880,E feet to a point on the northeast boundary of lot 2, block 1, as ehown on said Tax Yap # 83; thence in a northwesterly direction along said northeasterly line 600+ feet to a point; thence in a southeasterly direction 700+ feet= to a .point 150 feet from the north side of Chelsea Road as shown on said Zoning Map; thence in a westerly direction on a line parallel with Chelsea Road and 150 feet northerly therefrom 39200 feet more or less to a point; thence in a northerly direction through lots 1 and 2, block 1, Tax Map f 85, .29,400+ feet to a point on the southerly boundary of lot # 58, block 19 Tax Map 84; thence in a generally northerly direction through lots 49, 47, 48 and across Sky Top Drive, continuing through lots 5, 16, 14.1, 9 and 1, all block 1, Tax Map 84, and 10.1, block 1, Tax Map 76, 4,200+ feet to a point en Old State Road, which said point is 400+ feet south of the intersection of River Road and Old State Road; thence southeasterly along the south side of Old State'Road 1,400+ feet to the point or place of beginning. Section 2. This amendment shall become effective upon adoption, posting and publication as prescribed by Town Law. Seconded by: Counc-i.:..: a _ ..,C,. c �: )),,ALC,1 • -.- BEGINNING at a point on the east side of the right of way line of te Penn Central Railroad property (formerly New York Central and Hudson River Railroad Company) at a point where the north boundary line of parcel # 69, Block 1, as shown on the tax ma'a of the Town of Wappinger being plat # 84 intersects said east line of the Penn Central Railroad line and running thence in a northerly direction along the east line of _the Penn Central Railroad 5,550 feet more or less to a point where the north line of parcel # 5, Block 1, on a tax map # 76 of the Town ofWappinger intersects the east line of the said Penn Central Railroad running thence in an easterly direction and along the southerly boundary of the R-20 district as shown on the Zoning Map of the Town of Wappinger through lands as shown on parcel # 5, block 1, tax map # 76 of the Town of Wappinger, 1,300 feet more or less to a point 200 feet south of Wheeler Hill Road; thence 200+ feet in a. northerly direction more or less along the boundary of the said, . R-20 zone to the south line of Wheeler Hill Road; thence in an. easterly direction along the south line of Wheeler Hill Road 2,200 feet more or less to a point 125 feet easterly of its intersection with Old State Road; thence in a.generally southerly direction and on a line parallel with Old State Road and_River Road and 125+ feet westerly therefrom 5,200 feet more or less to a point in the northerly line of lot # 69, block 1, as shown in tax map # 84 of the Town of Wappinger, thence in a westerly direr ion and along the northerly boundary of said lot # 69, 300+ feet to the point or place of beginning. Said premises are more generally set forth on the zoning map of the Town of Wappinger and are intened to include all of the RD -40 zone as shown on said map line south of Wheeler Hill Road and west of River Road. Section 2. Phis amendment shall become effective upon adoption, positng and publication as prescribed by Town Law. Seconded by: CaamcIlman—Clausen ORDINANCE AMENDING ZONING MAP, OF THE TOWN OF WAPPINGER • I The following ordinance was i ---D-1-eh-.1 who moved its adoption: BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance of the authority conferred by the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1963, as amended from time to time, is further amended by rezoning the following described parcel of land from "RD -20" (Optional Dwelling) to "R-20" (One Family Residential) District, said:tract or parcel of land being situate in the Town of Wappinger, County of Dutchess and State of New York, and more particularly described as follows: ALL that parcel of land located in the Town of Wappinger, County of Dutchess and State of New York, as shown on the Zoning Map of the Town of Wappinger adopted January 29, 1963, bOunded and described as follows: at a point, said point being at the intersection Of Osborne Hill Road and Ketchamtown Road; thence in a northwesterly direction along the northerly line of Ketchamtown Road a distance of 1,400+ feet.to the/southwest corner of lot 21, block 1, Tax Map 70, said point also being the southeast corner of lot 22, block 1, Tax Map 70; thence across lot 22, 200+ feet to a point on the easterly line of lot 23, block 1, Tax Map 70; thence northwesterly on a line parallel with Ketchamtown Road and 200+ feet rcr;herly therefrom 800+ feet; thence southeasterly 200+ feet to the northerly line of Ketchamtown Road; thence in a northwesterly direction along Ketchamtown Road, across Route 9D, 8,125+ feet to, a point on the westerly side of Route 9D and 125+ feet -west of Route 9D; thence northeasterly on a line parallel with Route 9D westerly therefrom 500+ feet to a point, said point being on the LB zone line; thence around said LB zone, the following distances: 1,125± feet, 550+ feet and 1,100+ feet to a point on the south side of Route 9D; thence along the southern side of Route 9D in a northerly direction a distance of 2,400+ feet to the southwest corner of lot 1, block 1, Tax Map 57; thence easterly on a line parallel with Middlebush Road and 150 feet southerly therefrom,, 1,000+ feet; thece southerly through lots 3.1 and 6.1.1, block 1, Tax Map 57, 2,100± feet to the northerly side of Hopewell Road; thence across Hopewell Roadand following the stream bed of Hunter's Creek to a small pond behind the Card Subdivision, a distance of 2,800+ feet, thence, around Card's Subdivision 2,40'0+ feet to a point on the westerly side of Route 9; thence southerly along the westerly tide of Route 9 and continuing along the westerly side of Osborne Hill Road 2,400+ feet to a point; thence crossing Osborne Hill Road and around the HB -2 zone 1,600+ feet to the west side of Route 9; thence southerly along the west side ot,_ Route 9 2,400 feet to a point; thence in a northeasterly direction across Green Fly Swamp 1,600+ feet to the point or place of beginning. Section 2. This amendment shall become effective upon adoption, posting and Ipublication as prescribed by Town Law. Seconded by: Vv r. •Nr ORDINANCE AMENDING ZONING MAP ,------/ OF THE TOWN OF WAPPINGER / Be it resolved and ordained by the Town Board of the Town ,of Wappinger Dutchess County, New York, in pursuance of the auth- ority conferred by the laws of the State.of New York. Section 1. The Town of Wappinger Zoning Map adopted Janu- ary 29, 1963, is hereby amended by rezoning the following described !parca from "RD -20 (Optional Dwelling Residential) and HB -2 (High- way Busines"-to "HB -2 (Highway Business)", said tract or parcel of 1,1and being situate in the Town of State being more particularly bounded and described as follows: Wappinger, County of Dutchess andi of New York and being located on the east side of Route 9 and ALLAN E. RAPPLEYEA ATTORNEY AND COUNSELLOR AT 1 -AW 8 LAFAYETTE PI -ACE OUGhKEEpSli, NEW YORK 12601 ALL that certain lot, piece or parcel of land situate, lying and being in the Town of Wappinger, County of Dutchess and State of New York,.more particularly bounded and described as follows: BEGINNING at a point on the Westerly line of Smithtown Road, said point being the intersection of the Westerly line of said Smithtown Road with the Northerly line of lands of Fritz and running thence along the Northerly line of lands of said Fritz, South 34° 16' 20" West 561.70 feet to a iron pipe set on the Northeasterly line of lands of now or formerly Sidoli; thence leaving said line and running along lands of now or formerly said Sidoli, the following: North 54° 00' 00" West =0.00 feet to a point; thence South 36° 52' 20" West 712.98 feet to a point on the Northeasterly line of Lot No. 1.6 as shown on a certain map entitled "LANDS OF WILLIS H. & MILDRED S. JONES", and recorded in the Dutchess County Clerk's Office as filed Map #1558; thence along Lot No. 16 and Lot No. 13 as shown on aforesaid Map 41558, the following: North 50° 43' 00" West 107.11 feet to a point; thence South 39° 54 20" West 405.40 feet to a point on Northeasterly line of New Street; thence leaving said line and running along the Northeasterly line of said New Street, the following: North 52° 14' 30" West 40.00 feet to a point; thence North 65° 37' 50" West 226.10 feet to a point on the Easterly line of Route No. 9; thence leaving said line and running along the Easterly line of said Route No. 9, the following: North 2° 29' 00" West 120.21 feet to a point;*thence North 1° 12' 10" East 138.03 feet to a point; thence North 5° 42' 40" East 90.45 feet to a.point; thence North 7° 30' 50" East 217.52 feet to a point, said point being the Southwest corner of lands of now or form- erly Pratt; thence leaving said line and running along lands of now or formerly said Pratt, the following: South 66° 51' 00" East 150.00 feet to a point; thence North 8° 57' 00" East 198.56 feet to a point on the Southerly line of lands of Paul Fidrich; thence leaving said line and running along lands of said Paul Fidrich, the following: South 80° 23' 40" East 150.09 feet to a point; thence North 7° 36' 00" East 410.00 feet to a ' point on the Southerly line of lands of Dutchess Lumber; thence fl leaving said line and running along the Southerly line of lands of said Dutchess Lumber and along the Southerly line of lands of now or formerly Poughkeepsie Nursery Company, along a stone wall, the following: North 64° 24' 40" East 612.72 feet to a point; thence North 63° 30' 20." East 216.02 feet to a point on West- terly line of aforesaid Smithtown Road; thence leaving said line and running along the Westerly line of said Smithtown Road, the following: South 16° 45' 40" East 123.17 feet to a nOint; thence South 33° 06' 40" East 109.84 feet to a point; thence South 47° 46' 00" East 138.10 feet to the point of beginning containing 21.905 acres of land be the same more or less. SUBJECT to the rights of Public Utilities of record. • Section 2. This amendment shall become -effective upon adop- uzion, posting and publication as proscribed by Town Law. Au_ E. RAPPLEYEA ATTORNEY AND COUNSELLOR AT LAW LAFAYETTE PLACE POUGKKEEPSIE, NEW YORK 12601