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1969-07-29 PH9-0 6. A Public Hearing was held by the Town Board of the Town of Wappinger on July 29, 1969, at Wappingers Junior High, Wappingers Falls, New York, on amending the Zoning Ordinance of the Town of Wappinger from "R-40" (Residential) to "LB" (LOcal Business) on a parcel of land on the west side of All Angels Hill Road. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Jr. Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Supervisor Diehl opened the Public Hearing at 7:17 P.M. The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD News. (Both affidavits are on file in the office of the Town Clerk.) The following Notice of Public Hearing was read: Please take notice that the Town Board of the Town of Wappinger will conduct a public hearing at the Wappingers Jr. High School, Remsen Ave. Wappingers Falls, New York on July 29, 1969 at 7:00 o'clock P.M. EDT to hear all persons concerning S_� the application of Angelbrook Estates for the rezoning of certain premises situate on All Angels Hill Road in the Town of Wappinger, Dutchess County, New York. Supervisor Diehl asked for those in favor of the rezoning to come forward. Joseph Worona, Attorney for the Petitioners gave the background of the property, it was planned not only for homes, but for a master plan of Planned Industry and Local Business development. He intro- duced Mr. Jeh Johnson, the architect for the project that the petitioners had in mind. It was explained that Mr. Johnson is a partner in Gindele Architects in Poughkeepsie and a member of the Town of Poughkeepsie Planning Board; he had served on President Johnson's urban development for the U.S. He showed exhibits of the plan, scaled buildings, recreation area and a amp of the proposed structures. Mr. Johnson went on to explain what they had set up, and that they intended to preserve as much as possible of the natural beauty of the site by leaving in tact the larger expanse of trees, the top of the hill and the existing natural growth. Mr. Diehl stated that a recommendation from the Dutchess County Dept. of Planning had come into the Town Clerks' office that afternoon, he read the following conclusion and the recommendation. Conclusion The Dutchess County Department of Planning concludes that ultimately the Town could support another local business district and that such a district would be situated best along Hopewell Road. Such a location should be favored and requests for local business develop- ment in other areas be denied. Recommendation The Dutchess County Department of Planning recommends the Angel Brook Acres Corp. request for rezoning property situated along County Route 94 (All Angels Road) be disapproved. Jack Brewster, Tor Road, presented a petition from the residents of Angel Brook Estates with 75 signatures in favor of the rezoning. He read the petition, as follows: We, the undersigned, residents of Angel Brook Estates, realizing the benefits of creating tax ratables in the Town of Wappinger; hereby endorse the following zoning changes: 1. A parcel of land owned by Angel Brook Acres Corp. on All Angels Road, consisting of approximately ten acres of land to be changed from R-40 to LB. 2. A parcel of land owned by Angel Brook Acres Corp. on All Angels Road, consisting of approximately ten acres of land to be changed from R-40 to LB. 3. A parcel of land owned by Angel Brook Acres Corp. on All Angels Road, consisting of approximately 83 acres of land to be changed from R-40 to PI (Planned Industry). Arthur Bisom, Myers Corners Road said he had lived in the area for 20 years and he disagreed with the opinion of the County Planning Board. He maintained that letting big firms come in would help the tax rate, give relief to the taxpayers. If the people in that area don't object, why should others in the Town object. Mr. Perrotti, resident of Angel Brook area felt that business and industry was needed in the area; their children. could be employed locally; traffic would build up anyway, whether there was business or residential development. It sounded like a good plan to him if it was worked out properly. Angelo Limbardo, Sylvia Drive that that the present population explosion should be taken into consider-ation; people were migrating up from the city and well planned industries would be to our advan- tage at this time because, in time, the area would have to be rezoned because of the population. Herman Schiller, property owner on Kent Rd. brought up the fact that local people just running to the store for the few thing that they forgot at the supermarket would cause. traffic. Supervisor Diehl asked if there was anyone present wishing to spPak in opposition to the petition. Gerald Steinberg, Namoth Rd., President of the Edgehill Civic Assoc. presented a petition signed by 310 residents of Edgehill , Crest View, and the surrounding area requesting that the rezoning be denied. In the first place, they felt there weren't enough people in the area to warrant a shopping area, it would cut down on the other little stores located throughout the town. It would cause a decrease in surrounding property values. Thru traffic would be a resulting factor in the nearby residential streets as there would be no crossroad to carry the traffic. It is spot zoning, he claimed and therefore illegal. As far as saving on taxes, this is a fallacy, because it is the customer that pays the tax in the store, not the owner. His conclusion was that this rezoning would be detrimental to Town planning, from a financial standpoint and from an economic standpoint. Mary Schmalz, Edgehill Manor was against it for other reasons; one, that children from her area would be crossing All Angels Hill Rd. on bicycles to go to the stores. It would be on the conscience of the Board if they rezoned and a child was killed while crossing to the shopping area. Her other objection was that they would be ruining historical landmarks, there were six homes on the site that would be of interest to the Historical Society. Dr. W. Tyrell of this society had communicated with Mrs. Schmalz and was opposed to this rezoning, and would be in touch with the Town Board on this. Richard O'Keefe, Tor Rd. inquired of Mrs,. Schmalz if she let her children ride bicycles on All Angels Hill Road. Dick Cruickshank, Brothers Rd. weighed the facts about which category would bring more families to the area, business or homes, creating a need for more schools. He felt business and industry would bring more. Don Jones, All Angels Hill Rd. opposite the area of_ discussion, could not conceive a shopping center, or business center, in this area. It would create too much. traffic, a definite danger to the children. He would sell his house if this happened. Joseph Lutri, All Angels Hill Road complained about traffic conditions. "What's happened to our planned community zoning where it is mostly residential zoning?" Rose Lutri, All Angels Hill Road spoke about the local business that had existed on Myers Corners Road, but didn't survive because of lack of business. Harry James, Rockingham Estates thought there wasn't enough entice- ment for the business man to come into -the area. Carol Raymond, Pye Lane, was not for or against, just had a few facts to point out. The Town of Wappinger receives lightly over 12% of the tax dollar. She presented a map outlining the school district boundaries and the town boundary. It encompassed a large area and we were only a small part of this, there were many other areas where industry could be built, which would still aid Wappinger financially with school taxes. Steve Ossenkop questioned if the county taxes would take care of the widening of the road if it had to be done because of the - industry. One of the residents questioned Mr. Alpert about land to be set aside for re -creational purposes under the present_zoning and if so, would that remain the same if rezoned. Mr. Charles Alpert, one of the principals of the area to be rezoned told the public that 17 acres would be reserved for recreation. To those concerned about the danger of children crossing, he felt that they would come across the road quicker to recreation than to a shoppingos center; he lived in the area himself and had two chilren, so it was certainly a concern to him, personally. As for it being in a dangerous location, there were other shopping areas located in far more hazardous places, naming George's Market on Rt. 376 as an example. Mr. Perotti, Angel Brook Estates, pointed out that if homes were built in this area, this would bring at least two or three more cars per family. Richard O'Keefe, Tor Road, first stating that he did not wish to debate with anyone, but as far as the customer paying the tax, not the stores, if the money is spent in Fishkill or Poughkeepsie, then it goes to the town where it is spent. He disagreed that any historic homes would be destroyed by building a shopping center, and in his opinion, it would create no more traffic locally than there already was. A motion to close the hearing was made by MR. HEADY, seconded by Mr. Mills and unanimously carried. Public Hearing was closed at 8:30 P.M. Elaine H. Snowden Town Clerk PLEASE 'TAKE .NOTICE th Town 2 Town of rprr .r .ria cor.dual - pu'.;.a_ Jr 'ti' Scncc. ~Rernsen Ave. Wcp;itr _r:, `r :., ::\V Ya or ...:lye 29,ot 1J:. 7:C0 o'clock r. EDT tc hoer ail ._.;ns concernir the canon of Ange cok Es for the: r:;soning of cortcin promise, sit ate on Ali An; „ Hill Rood in the Town of Woppingor, r Dutchos. County Ncw York. AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPI'INC 0R The following Ordinance wos introduced by Supervisor Diehl who raved its adeaien. 92 IT RESOLVED and ordained by the Town Lo;.rd of the Town ---•--- of Orapp,nger, Dotcr.ess County, New York, in pursuonoe o: tho ity conferrer by tato ',wits of tno Ste:c of Ncw York, as follows: :tion 1. Tho Town of Wappin,,r Zoning Or,iinance and M.:p oed January 29, 1033 s arnendc4 from tits to tiro is hero':.y :cr am.nded by rezoning tho following d..scribcd parcel of len:; "R-40 and (Residential Zones) to LG (Local Business), sail: tr ct nd being on the west side of All Angois Hill road ono more icularty described es follows: c^. 4", ; AX 7 3/.:4 P,.rcot t • AO that piece or parcel of lard lying, being and situated on erie northwesterly side of All Angels Hill Rcod in the Town of Wopp9 % County of Dutchess, and State of Now York more particui..rly bounded and described as follows: Beginning at a paint in the northwo. 1orly bounds of ,,.i Angels dill floc:., said point of beginning being distunc :,.•n ,he rr.ost au:noasterly corner of the lanes conveycd to Ncw Yo: n: Stoto Ooptist Convention by Angel Brook Acres Corp. by do d;. od 4-;h d y of January, 1967 and rccorced in tnc Of of -:.s :,..:r:: of Outc: County in Libor 1213 of deeds at page 333; long the northwostorly bounds of Alt Angels Hill Rood ane" stoncwotl C .:tn 17 den. -04'-10" cost 113.54 feet to the most northeasterly corner 0f herein described parcel, and running thence along the said northwesterly bounds of said All Angels Hill Rood and a stonewall the fcJowing two courses: 'I.) South 17 deg -C4'-10" East 4.9.44 feet :o a print, 2.) South 19 deg. -21%40" East 450.56 i..:t to a point, said point being the most southeasterly corner of the pr or niscs herein describod thoraco through the lands of the above mentioned Anoot Brook Acres Corp, the following three courses and distances; 3.) South 33 deg. -07'-50" West 977.33 feat to a point, 4.) North 26 dog -47'-10" West 435.42 foot to a point and 5.) Nortn 63 deg. -07'-50" East 1,044.40 foot to tho point and place of beginning. • Containing 11.439 Acres of land, be the same more or less. Scorings refer to magnetic north per Rockingham Farms. Being a portion of the premises conveyed to Angel Brook Acres Corp, by Jennie Locurto by deed dated the 31st day of August, 1965 and recorded in the Office of the Clerk of Dutchess County in Liber 1137 of Deeds at page 553. 24 May 1958 Parcel II All that piece or parcel of land situate on tho nort•nvrostcrly side of l Angels Hill Road in the Town of Woppin{;cr, County of D ul :l ss, .d State of New York more particularly bounded and describoo as :lows: 2cginning at a point in the northwesterly bounds of All Rood, said point of beginning boing the most northeasterly con -:. i• the herein described parcel, and running thence along tho northwesterly bounds of Ali Angels Hill Roams and a stonewall in part, the following two courses: 1.) South 19 dof-21'-40" East 130.03 feet to the cr.:. of aforementioned stonewall, 2.) South 19 clog -23'-40" East 44.37 to a point, saro point oo'.n0 --rho most southeasterly corner of t .o heroin d___r, porcel e: -.o tho following five courses throu!,•n :no tangs o Are,.: 3rook Acres Corp. a.) South 60 deg. -43'-29' West 307.1 1 foot to >oint, 4.) South 20 dog. -11'31' Eos. 11.0 to ,int, 5.) South 36 deg. -43'-29" West 470.70v;et to ` oint, 6.) South 62 dsg.-52'-56' West 74,97 foot to point, said poi.. being the most southwesterly corner of the herein described parco; and, 7.) North 25 dcg.-47'-10" West 157.'.4 feet to the most nort'hwastcrly corner of' the r.arcin d en:.d parcol, thence 3.) North 63 deg:07'-50" East 977,33 feat to the point of be,inning. Containing 4.047 Acres of land, 6ecrings refer to Magnetic North per Rockingham Farms. Section 2. This amendment shall b.:come coil -II -active upon adoption, posting and publication, as prescribed by Town Law. SECONDED by Councilman Finnan CLASSIFIED A DVERT1SING • v74,'PING_RS F:;LLS, N.Y. AFFIDAVIT 0: PJELICATION Slate of New Yc::s, County of Dutchass. Town of Wappi nge;. Ee3trice Osten Town of W: ppinger, DutcL ;:,s County, New . c .. heir:3 duly :warn. says that s' •tit "n s is, and � sever_ times hereinafter, WuG. t«3.CC^.G':,z0:7P:iit,BP..".i. C- W. Z.'s S.D. NWS. a newspaper ;rioted and :: ed every Thursday in the yea; in the Town of r_ _ Dutchess County NewYore, , and the: the -;.:,...�: NOTICE Was duly published irt.�e said :e�t '::r =c_ • one Weak successively o ice is eao:: week, commencing on the 17th , f July � 3z,1 0. 19. and on the 'fO.:.ow nz does the.rea:ter. nee e:' and ending on the 3.72 .1 ay o: July 19.6.9, both days iralusivo. • S.:bserjbed and sworn to befc:0 this..:r day of,. Notary ?::bloc My Corozni:.oio : esspireS �r-` 4 f ott A Public Hearing was held by the Town Board of the Town of Wappinger on July 29, 1969, at Wappingers Junior High, Wappingers Falls, N.Y. on amending the Zoning Ordinance of the Town of Wappinger from "R-40" (Residential) to "PI" (Planned Industry) on a parcel of land on the west side of All Angels Hill Road. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Jr., Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Supervisor Diehl opened the Public Hearing at 8:45 P.M. The Town Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed and notarized by Beatrice Osten, Editor -Publisher of the W&SD.News. A motion was made by MR. CLAUSEN, secondedby Mr. Milts to waive reading ofthe description. The following Notice of Public Hearing was read: Please take notice that the Town Board of the Town of Wappinger will conduct a public hearing at the Wappinger Jr. High School, Remsen Ave., Wappingers Falls, New York, on July 29, 1969, at 8:00 o'clock P.M. EDT to hear all persons concern- ing the application of Angelbrook Estates for rezoning of certain premises from "R-40" (Residential) to "PI" (Planned Industry) situated in the Town of Wappinger, Dutchess County, State of New York. The Town Clerk read the following recommendation and conclusion from the Dutchess County Dept. of Planning. Conclusion The Dutchess County Department of Planning finds that the Angel Brook Acres office research proposal is in basic conflict with the criteria for evaluation of such sites with regard to both the suitability of the land for industrial development and the compatibility of such a proposal with surrounding land uses. As previously noted, the site includes large areas of steep slope, is not located on a major thoroughkfare, is served by residential streets which would provoke conflicts between the two uses, is not buffered from residential uses and conflicts aesthetically with surrounding developments. It would appear that the proposed office -research center was an afterthought rather than a part of the overall comprehensive plan for the Angel Brook Acres development as originally conceived. yiz-R OkS Recommendation The Dutchess County Department of Planning recommends the Town of Wappinger deny the rezoning of the proposed Angel Brook Acres Planned Industry District. The Dutchess County Department of Planning does not presume to base its recommendation upon the legality or illegality of the facts or procedures enumerated insaid zoning action. Supervisor Diehl asked for those to speak in favor of the petition. One of the residents asked for a definition of Planned Industry and what it encompassed. Mr. Ludewig, Building Inspector of the Town, was asked to enlighten the public. He explained it is a use of land which permits commercial enterprises with Site Plan Approval by the Planning Board; certain industry would not fit if they become a nuisance, emitting gases, etc. Mr. Worona, attorney for the petitioners spoke about the plans they had after the property was rezoned. A reputable and internationally known concern had plans to come into the area. It is known as Phil - Comsat, and would require 75,000 sq. ft. Angel Brook would put up a 5 million dollar building and Phil -Comsat would lease the building. The industry would be primarily in the electronics field, would produce no odor, gas smoke or other nuisances. It had been suggested to his client, that they have a definite commitment from a firm to go into this area, before petitioning for rezoning. They had a nationally rated firm ready to occupy a good portion of the property to be rezoned. A representative of the company was present, and would answer questions of the residents. Mr. Jeh Johnson, the architect for this project disagreed with the Dutchess County Planning on their reasons for being against the rezoning. They claimed the property was not buffered; Mr. Johnson showed the buffer zone on his display; there was 100' depth around the proposed road, and thick woods were being kept for this purpose. Also, the Planning Board said this plan conflicted with the resi- dential character of.the neighborhood; Mr. Johnson thought this was not true, either, as the County Planning Board wasn't aware of what was happening or going to happen in this area. They stated that it appeared to be an afterthought, but after a two year study, Mr. Johnson wondered how they came to that conclusion. Mr: Dan Ryan, Chamber of Commerce, asked if their company had been approached by other towns to locate. He replied that they hadn't. Mrs. Schmalz asked if they would consider a different area already zoned for_this. Mr. Ossenkop asked if they would be hiring local people. Mr. Leskow, Assessor, asked about the refuse and if it would be 4dangerous. Mr. Lutri asked if they would handle any government contracts. Mr. Eck asked about the building that would be put up and who was putting up the capital. One of the residents asked if there would be any uses other than research or development in the next 10 to 20 years, and how many people would they be hiring, would they be hiring local people. Dr. Torabella explained they would be doing mainly research and manufacturing of small parts that would be shipped for use in the Philippines, but their main function would be research. They would use local people because they felt the knowledge and talent was already in this area, they would employ approximately 200 to 250 people to startland would gradually increase. Herman Schiller, Sandi Drive, Poughkeepsie, owner of property on Kent Road thought PI would be a wonderful advantage if the Town Planning .Board did it properly. The present plans looked good if that's the way they would turn out. Peter Guglielmi, Tor Road, was one of the residents of Angel Brook who had signed the petition for the rezoning and if he didn't have faith in the developers of Dutchess Heights, he never would have signed it, secondly, it was a definite tax advantage for the town, and thirdly, if this wasn't passed, the company would certainly go to another area; this could possibly mean that employees of the company would move into -the area now in question which would cause the same conditions as industry could cause, but more so with added children -:in the family and added cars. Judy Geany-thought traffic from industry would not be hazardous, as business times did not coincide with children's play time. AV* Peter White asked how many acres the Philippine Company would take. Mr. Bisom wanted to know if anyone from Dutchess County Dept., of, Planning had visited the site. Mrs. Raymond, a.member of the Dutchess County Planning Board was in the audience, and said that three member of the Department had been there. Mr. Diehl asked if there was anyone present to,speak in opposition to the petition. Mr. Jerome Steinberg, president of the Edgehill Civic Associated presented a chart showing the present zoning and the proposed zoning. They were not against industry in the town, they were just against it in an area where houses belonged, it would not fit in. Spot zoning is illegal and that is what this would be; traffic would be heavy on the surrounding residential streets; he wondered how it would be possible to lower taxes with industry. If the town passed this rezoning, Mr. Steinberg said they would make an attempt to have it set aside through the courts. Yigal Bash remarked that there was plenty of industrial lnad in the Town of Wappinger. There is no control when a piece of land is rezoned - the land could be resold and there would be no way of knowing what would go in. Steve Kisson, Hilltop Drive, reminded the Board that they heard from Mrs. Raymond and Mr. Steinberg that this industry could still be within the school district and give 88% tax relief. If Phil -Comsat was going to use only part of the parcel to be rezoned, what would go into the rest of the land, this would niver be brought up again. Don Reilly, Edgehill Drive was inclined to listen to professional recommendations, that of the Town Planning Board and Dutchess County Dept. of Planning. This company had a very small capital investment in this venture; they were not building, so their ties with this community would be very limited; he voiced a feeling of uneasiness. towards this rezoning'. Mr. Charles Cortellino asked about acreage in the town that was not residential, what parcels would be available for the size this company required. Mr. Leskow, Assessor to the Town mentioned a parcel on Rt. 376 near Stringham Farm. Mr. R. W. Vrooman, All Angels Hill Road, complained that the town went through the same situation a. few months ago - why did they keep rezoning property, what about sewerage problems - thought that the petitioners should have requested rezoning before they bought the property. Mr. Alpert, one of the petitioners said they had discussed this with the Planning Board four years ago. Frank Montillo asked about the plans for the other 69 acres. Mr. Diehl asked Mr. Ludewig, the Building Inspector to explain the PI zone and what could be established in such a zoning. Mr. Ludewig stated that light manufacturing was one of the uses, as long as it was not considered a nuisance, and all were subject to site plan review by the Planning Board. Mr. Alpert explained that they intended to have several electronic companies, including expansion of Phil-Comsat, all clean industry. He was living in the area himself and certainly wanted to be pro- tected and was concerned about people in the community. Tom Schusler asked if there were any industrial plans for the other 200 acres. Mr. Alpert replied that there would be public parks, man-made lakes and high-priced housing around the lakes. Peter Higgins, Edgehill Manor, read permitted uses from the Zoning Ordinance for PI. Mrs. Schmalz remarked that Wappinger is the smallest of all the towns in Dutchess County; she cited a Supreme Court decision in 1954, that a citizen has the right to demand that the area in which he lives be not only safe, but pleasant in surroundings. The New York State Historic Trust is opposed to this rezoning. The Town of Wappinger has little to be proud of, Mrs. Schmalz remarked, at least let us have a historical district to boast about. Mr. Melvin Zipes, DeGarmo Hills Rd. thought it unfair to people who bought homes under the assumption that the area was zoned residential. Mr. Diehl asked if there were any more speakers - there were none. Motion was made by MR. CLAUSEN, seconded by Mr. Mills, to close the public hearing; Motion Unanimously Carried Public Hearing closed at 10:30 P.M. COILAJoJzA Elaine H. Snowden Town Clerk 1 DISPLAY ADVERTISING rTh CLASSIFIED ADVERTISING .',.k7-3724 20 EAST MAIN STREET - WAPPINGGERS :=ALLS, N.Y. PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing at the Wappinger Jr. High School, Remsen Ave., Wappingers Falls, New York, on July 29, 1969 at 8.00 o'clock P.M. EDT to hear all persons concerning the application of Angelbrook Estates for rezoning of certain premises from "R-40" (Residential Zones) to "PI" (Planned Industry) situated in the Town of Wappinger, Dutchess County, State of New York AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF WAPPINGER The following Ordinance was introduced by Councilman Mills who moved its adoption. BE IT RESOLVED and ordained by the Town Board of the Town 'of Wapainger Dutchess County, New York, in pursuance of the authority conferred oy the laws of the State of New York, as follows: Section 1. The Town of Wappinger Zoning Ordinance and Map adopted January 29, 1553, as amended from time to time is hereby further amended oy rezoning the following described parcel of land from "R-40" (Residential Zones) to "PI" (Planned Industry) said tract or parcel of land being situated in the Town of Wappinger, County cf Dutchess and State of Now York, more particularly bounded and described in the attached Schedule A. Schedule A All that piece or parcel of land lying, being and situated in the Town of Wappinger County of Dutchess, and State of New York more particularly bounded and described as follows: Beginning et a point, said point being distant from the most southwesterly corner of the lands conveyed to New York State Baptist Convention by Angel Brook Acres Corp. by deed dated the 4th day of January, 1967 and recorded in the office of the Clerk of Dutchess Cour.ty in Liber ".216 of deeds at page 236; South 02, degrees -20'-15" West 861.20 feet, and running thence through the, lands of Angel Brook Acres Corp. the following eleven courses: 1) South 43 degrees 05'-13" West 1,143.32 feet to a point 2; South 62 degrees 01'-50" West 955.06 feet to a point 3) South 77 degrees 33'-30" West 427.03 feat to a point 4) North 73 degrees -12'-40" West 671.63 feet to a point 5) North 23 degrees 24'-40" East 1,132.54 feet to a point 6) North 36 dezrees 09'-30" East 708.46 feet to a point 7) Norm 50 degrees -24'-50" East 532.00 feet to a point 8) North 72 degrees -59'-10" East 420.40 feet to a point 9) South 88 degrees -39'-20" East 426.12 feet to a point 10) South 58 deg: ees-43'-00" East 277.32 feet to a point and 11 uth 26 degrees 47'-10" East a total distance of 809.91 feet passing through the most northwesterly corner of a proposed shopping center at 214.40 feet to the point of beginning. Containing 83.822 Acres be the same more or less. Section 2. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: COUNCILMAN HEADY AFFIDAVIT OF PU3LICATION State of New York. County of Dutchess. Town of Wappinger. Ik4trIGt.eA of the Town of Wappinger, Dutchess County. New York, being duly sworn. says that she is, and sit the several times hereinafter was, the...Co :Ed tOr *ubliAte; ... of W. & S.D. NEWS. a newspap printed and published every Thursday in the ye.::: in th Town of Wappinger. Dutchess County, New York. and that the annexed NOTICE was duly publiCaed in tb a said newspaper for one week successively once in each week, commencing on the...17:.11... day of July 19.69 and on the following dates Hereafter. namely on and ending on the...17th...day; of. July 190,9, both days inclusive. „„e_ lrc,s_� Subscribed and sworn to before ::1e i this. i J. day of, ...:: D,.. _ // a2 19.2./ -/ /~ e e e e e e'•`•-•••••••...•-••••7 ...::Y : ,1 Notary Public./ My commission expires. 418 A Public Hearing was held by the Town Board of the Town of Wappinger on July 29, 1969, at Wappingers Junior High, Wappingers Falls, New York, on aanending the Zoning Ordinance of the Town of Wappinger from "R-40" (Residential) to "LB" (Local Business) -on a parcel of land on the east side of All Angels Hill Rd. Present: Louis Diehl, Supervisor Louis Clausen, Councilman G. Donald Finnan, Councilman Leonce Heady, Councilman James Mills, Councilman Elaine H. Snowden, Town Clerk Others Present: Allan Rappleyea, Attorney to the Town Supervisor Diehl opened the Public Hearing at 10:45 P.M. The Clerk offered for the record, the Affidavit of Posting duly signed and notarized, and the Affidavit of Publication duly signed by Beatrice Osten, Editor -Publisher of the W&SD News, and notarized. (Both affidavits are on file- in the office of the Town Clerk.) The following Notice of Public Hearing was read: Please take notice that the Town Board of the Town of Wappinger will conduct a public hearing at the Wappinger Jr. High School, Remsen Ave. Wappingers Falls, New York, on July 29, 1969, at 9:00 o'clock P.M. EDT to hear all persons concern- ing the application of John Vorndran for the rezoning of certain premises situate on the East side of All Angels Hill Road, in the Town of Wappinger, Dutchess County, New York. Ian MacDonald, attorney from Mr. Aldrich's office represented Mr. Vorndran; he presented a petition of 162 signatures, 149 of which were in the Town of Wappinger in favor of rezoning. There were approximately 14 acres at the intersection of Brown Rd. & All Angels Rd; he anticipated constructing a retail grocery store within a year, 50'x100'. If warranted, in the future they would put in a drug store and medical group, possibly a bank branch. They felt that the surrounding areas, including Angel Brook, Rockingham, Brett View and Edgehill, needed these proposed businesses. Mr. MacDonald pointed out that this shopping area would not generate any additional traffic on All Angels as it would service the immediate area and these cars would be covering less area than if they were going to shopping areas in other areas. His client would be willing to donate 2 acres of land in order to straighten out the road in this locality. The Town Clerk read the recommendation of the Town Planning Board. No recommendation had been received from the County Planning Board. Supervisor Diehl asked if there was anyone present to speak in favor of this petition. There were none present to speak in_favor. Supervisor Diehl asked if there were any persons present to speak in opposition to this petition. Mr. Steinberg, Edgehill Manor, remarked that all the comments he had made on Angel Brook rezoning would also apply to this rezoning. It would create traffic, a shopping area was not warranted for the amount of people living in the nearby developments. The land that Mr. Vorndran wanted to donate in order to straighten out the curve on All Angels Hill Road might cost the area residents more than if the County condemned the property, he pointed out. It could come back to the consumer (the price of the land donated) by prices they would pay in the stores. As far as a Medical Group goes, there were enough proposed in the area already. Peter White was against a shopping center, first because it is already zoned residential and should not be varied. There were other areas available for this zoning. Mrs. Schmalz informed the Board that the New York Historic Trust Society was against this rezoning. These stores could be open seven days a week from sunup to sunset. Mr. Boyle asked the Board when they intended to vote on the rezoning. Mr. Diehl told him it would not be before the next regular meeting, if then. Motion was made by MR. MILLS, seconded by Mr. Heady to close the hearing. Hearing closed at 11:10 P.M. Motion Unanimously Carried Lam Elaine H. Snowden Town Clerk 0 ii DISPLAY ADVERTISING 7.1 c. n AX 7 — 3724 ✓© Leo CLASSIFIED ADVERTISING 20 EAST MAIN STREET - WAPPINGERS FALLS, N.Y. PLEASE TAKE NOTICE that the Town Board of the Town of Wappinger will conduct a public hearing at the Wappinger Jr. High School, Remsen Ave., Wappingers Falls, New York, on July 29, 1969 at 9.00 o'clock P.M. EDT to hear all persons concerning the application of John Vorndran for the rezoning of certain premises situate on the East side of All Angels Hill Road, in the Town of Wappinger, Dutchess County, New York. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPING=R, DUTCHESS COUNTY NEW YORK The following ordinance was introduced by Councilman Mills, who moved its adoption. BE IT RESOLVED and ordained by the Town Board of the Town of Wappinger, 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, is amended ay rezoning the following described parcel of land from "R-40 Residential" to "L -B Local Business," said tract of land being located in the Town of Wappinger, Dutchess County, New York on the east side of All Angels Road and more particularly described as follows: Parcel 1 Beginning at a point on the Southeasterly line of All Angels Hill Road, said point being the intersection of the Southeasterly line of said All Angels Hill Roao with the Northerly lira of Rockingham Farms, Section No. 1, filed Map No. 3426, and recorded in the Dutchess County Clerk's Office and running thence along the Southeasterly line of said All Angels Hill Road, the following: North 37-16-50 East 335.31 feet to a point; thence North 28-40-40 East 133.36 feet to e point; ther,ce North 44-23-20 East 48.32 feet to a point, said point being the intersection of the Southeasterly line of said All Angels Hill Road with the Southerly line of Brown Road; hence leaving said line and running along the Southerly line of said Lotrown Road the following: South 86-39-10 East 90.00 feet to a Dint; thence South 80-0-.-10 East 132.74 feet to a point; thence outh 73-05-00 East 403.23 feat to a point; thence South 74-42-40 ast 141.51 feet to a point, thence South 67-10-00 East 92.83 feet to a point; tnence Soutn 51-20-20 Eat 156.49 feet to a point; thence South 73-31-50 East 60 feet more cr less to a point, said point being the intersection of the Southerly lir.e of said Brown Road with the centerline of Sprout Creek; thence leaving said line and running along the centerline of said Sprout Creek, Southerly 480 feet more or less to a point, said point being the intersection of the Centerline of said Sprout Creek with the Northerly line of Rockingham Farms, Section No. 1; thence leaving said line and running along the Northerly line of said Rockingham Farms, Section No. 1, the following: North 72-33-20 West 57 feet more or less to a point; thence North 72-30-20 West 335.72 feet to a point; thence North 73-09-50 West 399.51 feet to a point; thence North 73-22-50 West 268.17 feet to a point; thence North 71-46-30 West 23.34 feet to a point; thence North 71-46-30 West 102.51 feet to a point; :hence North 73-22-10 West 135.76 feet to the point of beginning containing 13.72 acres of land be the same more or less. Section 2. This ordinance shall take effect immediately upon posted and publicatl:•n as provided by Town Law. Seconded by: Councilman Clausen ot 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 thaOi:e is, and a the several times hereinafter was. the Co -Editor -Publisher of W. & S.D. NEWS. a newspaper printed and published every Thursday in the year in the Town of Wappinger. Dutchess Co;:nsy. New York, and that the annexed NOTICE was duly published in the said newspapez for ....41A ...week successively once in each week, commencing on the....7:4... day of....WY 1949, and on the following date: thereafter. namely on and ending on the.. 7-7;;).... d'.4 19.69 both days inclusive. IJ Subscribed and sworn to before re 1 C,. this - day of,..,:r.,•7:7 19:., i. i ' . i, ,J I Notary Public' My commission expirzs.::.:- () O i