1969-06-26 PHA Public Hearing was held by the Town Board of the Town of
Wappinger on June 26, 1969, at the Town Hall, Mill Street,
Wappingers Falls, New York, concerning the Application of Thomas
and Madlyn Marcojohn for the Rezoning of Certain Premises Situate
at Route 9 in the Town of Wappinger, Dutchess County, New York.
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Leonce Heady, Councilman
James Mills, Councilman
Others Present:
Allan Rappleyea, Attorney to the Town
Supervisor Diehl opened the hearing at 7:05 P.M. He made mention
of the fact that Mr. Heady's wife was in the hospital and Mr. Mills
was attending another meeting and would be present later.
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,
and is attached hereto and made a part thereof of the Minutes of
this Hearing.
Harold Reilly, Attorney for the Marcojohns told the Board that the
petitioners had spent considerable money improving the land they
wanted rezoned, but could not sell it under the present zonAng which
was RD -20. The property was previously zoned for commercial and they
were requesting that it be rezoned commercial. The Town had changed
the zoning after the construction of the new Route 9.
Supervisor Diehl asked for anyone to speak for or against the rezoning.
There were none.
COUNCILMAN CLAUSEN made a motion to close the Public Hearing, seconded
by Mr. Finnan and carried.
The hearing closed at 7:12 P.M.
Elaine H. Snowden
Town Clerk
PLC NOTICE tna: the Town Board of the Town of ; I
VJape.r. : ...: conduct a public hearing at the Town Hat;, Mill Street, t r
Ncw York, on Juno 26, 19C5, at 7;05 o'clock P.M. • �;�, ,,r
to hear all pc.; ,ns concur nir,g the Application of Thomas and Made,•n
M. :fee:ohr, ler a retenine of certain premises situate at Route No. i
In the Town of :::.pair.,zr, Dutchors County, Need York.
OeDINANCE AMENDING THE' '
'ielG OF THE TOWN OF
VJAPPINGER
Tho fo:l.'.wing CreinanCo Was introduced by Councilman Heady.
who moved its:dor,,lee;
BE IT RESOLVED end eteielnud by t. ''.v:r. .nerd of the Town
Of Weepingcr, Detch4s County, Novy ., in pursuance of tee_
cuthx,ty conferred by the lav: of tho State ei Now York, as follow-:
' _. ;ion 1. The Town of Wappin;er Zoning Ordinary.,, .,r,d M,,e
eet..d .an..ary 20, 12 n
63, as amcdc-J from c
tirno to tir:., iz bora
fur her ,.needed by r,..cnire ^1-•e foCc:lin o....- Sed ee— cel -.:
f• m n..•23" )Rest _ntic Coact) to 'Hie i'• _
;rest er p.eeel of land being situated in the n of 1. ep;
qty of Du;chs and State of New York, .::oro part: ala:,y
ded and duecrieed as follows:
';inning at a point in the middle of Cooper Road loading from the
....kill -Wappingers Falls State Road to Brinckcrhoff at the
Northwesterly corner of lands of Mayer end running thence w: •: the
middle of said Cooper Recd the following courses and a: eences
North sixty seven (37) ccJrees forty four (44) minutes '.^.est two
hundred six and forty six hundredths (206.46) feet; thence North
seventy four (74) degrees thirty seven (37) minutes West two hundred
forty four and fifty seven hundredths (244.57) feat to the
intersection of the middle of Cooper Road with the Easterly line of
the Fishkill-Wappingers Falls State Road; thence with the said
Eastcriy lino of the Fishkill-Wappingers Falls State Road the
follcwir•r- cour:os and distances South fourteen (14) degrees fifty',
seven, (57) r.-.inutos East sixty five and twenty-nine hundredths
(2:.23) feet toe concrete monument set; thence South nineteen (19)
c. thirty nine (30) minutes East ninety nine and eighty two
....ed eciths (09.82) fent to a concrete monument set; thence South
t.n (13) deerez:., forty two (42) minutes thirty (30) seconds East '
hundred and one tenth (200.1) feet; thence fifteen (15) degrees
eieet (C) minute: cast fifty five and five tenths (55.5) feet to an Iron
thenen with other lands of party of the first part (Henzler)',
tee following courses and distances North eighty eight (88) degrees
,.. e. -ie (51) minutes East two hundred fifty one and three ,
dredths (251.03) feet to a pipe set; thence North fifteen (15)
cieht ('d) minutes West fifty five and five tenths (55.5) feet to
tee. Scutnv e:iy corner of lands of Mayer aforesaid; thence with
said Mayers :and North twenty one (21) degrees East two hundred.
seventeen and oight tenths (217.8) feet to the place of beginning.
Containing two and five tenths (2.5) acres of land.
EXCEPTING AND RESERVING THEREFROM, all that piece or,
parcel of property hereinafter designated as Parcel No. 115, situate In
the Town of Wappinger, County of Dutchess, State of New York, end
described es follows:
:.ceinning at a point formed by the inter: =lion of the
northoostorly highway boundary of S.H. 5154 with tie division Zine
between the property of Thomas Marcojohn and Mad.yn Marcojohn
(reputed owners) on tho north west and the property of Nicholas
G'Aneelico (reputed owner) on the southeast, said point being 70+
29Td`distant northeasterly measured of right angles from Station F297-
11;0e
Or of the hereinafter described F survey base line for the proposed
lonctr..ction of Fishkill Village-Wappinger Falls S.H. 5154; thence
rhwcrcrly afcr.g said highway boundary 391+feet to a point on
• southerly highway boundary of Smithtown Road, said point
.eeing 50+ feet to distant northeasterly measured at right angles from
Station F301 + 10+ of said F. Survey base line; thence easterly along
the lc:t mentioned highway boundary 113+ feet to a point, said point
being 14c feat distant northeasterly measured at right angles from
Station F300 + 53+ of said F. survey base line; thence South 33
decrees 14 minutes 09 Seconds East through the property of Thomas
Mercojohn and Madlyn Marcojohn (reputed owners) 351+ feet to a
point on the division line between the property of Nlcholas
D'Ar.gelico (reputed Owner) on the southeast and the property of
Themes Marcojohn and Madlyn Marcojohn (reputed owners) on the
northwest, said point being 167 feet distance northeasterly measured
at richt angles from Station F297 + 03+ of said F survey base line;
thence southwesterly along the last mentioned division line 98+ feet'•
to the point of beginning, being 0.812 acres more or less.
The above mention F. Survey base line is a portion of the survey
base line for the proposed reconstruction of Fishkill
Village -Wappingers Fall, S.H. 5154, Dutchess County, as shown ona
map and plan on file in the office of the State Department of Public
Works and described as follows:
Be•einning at Station F296 + 50; thence North 30 degrees 07
minutes 43.2 seconds•West 650.00 feet to P.O.L. Station F303 +
00.00.
All bearings referred to true north. • • •
Section 2. This amendment shall become effective upon adoption, ,
posting and publication, as prescribed by Town Law:
SECONDED by Councilman Clausen
Vote: '
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AX7-3724
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rel
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C
ASSIFIED ADVERTISING
WAPP!NGERS FALLS, N.Y.
AFFIDAVIT OF PUBLICATION
State of New York.
County of Dutcheu.
Town of Wappinger.
Beatrice Osten
•
of the
Town of Wappinger, Dutcheu County. New York.
being duly sworn. says that She is. and A the several
times hereinafter' .wu. the Co -Editor -Publisher of
W. & S.D. NEWS. a newspaper printed and published
every Thursday In the year in the Town of Wappingers
Dutchess County. New York. and that the annexed
NOTICE vas duly published in the said newspa?et for
...PPP.. . week succeuively....0A4e .. in each week.
nommenc.. ig on the..:$ih day
19.69 an on the following dates thereafter, namely
and endir; on the.. ....day of..1,44
1969, boo days inclusive.
Subscribes and artorn to before. me
this... day of .
My comtr sten exptrea
•.
Notary Public
3�6
A Public Hearing was held by the Town Board of the Town of Wappinger
at the Town Hall, Mill Street, Wappingers Falls, County of Dutchess,
New York, on June 26, 1969 on an Ordinance Amending the Zoning Ordinance
of the Town of Wappinger (Office Research).
Present:
Louis Diehl, Supervisor
Louis Clausen, Councilman
G. Donald Finnan, Councilman
James Mills, Councilman
Elaine H. Snowden, Town Clerk
Absent:
Leonce Heady, Councilman
Others Present:
Allan Rappleyea, Attorney to the Town
Supervisor Diehl opened the hearing at 8:10 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,
and is attached hereto and made a part thereof of the Minutes of
this Hearing.
Charles Cortellino asked is there was any allowance for buffer zoning
or can it go in next to Residential Zoning.
Mr. Rappleyea discussed reasons for having written Ordinance in the
existing proposed state.
Mr. Clausen commented there was a possibility of other changes in the
future but he felt it was best to leave it as presented now.
Mr. Rappleyea pointed out that OR specifies only use of property if
zoned, as such can only be used for OR, no other. Zoning classifica-
tion will be permitted in such areas.
Mr. CLAUSEN moved to close the Public Hearing, seconded by Mr. Mills
and carried.
Hearing closed at 8:30 P.M.
Elaine H. Snowden
Town Clerk
1
PLEASE A., - NOTICE that the Town Board n, of
Wappinger will conduct a public hearing at the Town Hall, MiiI Street,
Wappingers Fails, Now York. on June 26, 1969, at 8:00 P.M. o'clock
to hear all persons concerning An Ordinance Amending the Zoning
Ordinance Of tha Town of Wappinger
AN ORDINANCE AMENDING THE
ZONING ORDINANCE OF THE
TOWN OF WAPPING ER
The following Ordinance was introduced by Councilman Clauson
who moved its ;.dopt:on:
BE IT RESOLVED AND ORDAINED by the TOWN BOARD of _ 2724
the TOWN OF WAPPINGER, Dutchoss County, New York, in
pursuance of the authority conferred by the Town Law of the State
of Now York, that the ZONING ORDINANCE of the Town of
Wappinger adopted January 29, 1963 as amended, is further amended
as follows:
110
e
e
Section 1 - Article III entitled "Establishment of Districts" is
amended by adding thereto the following classification
"O -R OFFICE RESEARCH"
Section 11 - Article IV entitled "General Regulations" 1s hereby.
emended 1' , :.,iding thereto the following subdivisions:
Section 425 - Office Research • (O -R) ZONE
The intent of this district is to encourage and facilitate the orderly
development of office and industrial research enterprises In a setting '
conducive to public safety, economic stability and growth; protection
from blight, deterioration, and encroachment of noncompatible uses,
and efficient trsffic movement
Section 425.01 - Uses
In an O -R Office Research District, no building or land shall be
used, and no building shall be erected or altered, which is arranged,
intended, or designed to be used, in whole or in part, for any uses,
except the following:
A. Uses allowed of right. None
B. Uses allowed subject to site plan approval by the Planning
Board:
1. Offices - Places where financial, insurance, real estate, data
• processing, or like businesses, or professional, accounting, or like
services are supplied or performed; including, but not limited to,
buildings or rooms in which clerical work is performed, or buildings
or rooms utilized for the work of administration.
•2. Research and/or development and/or engineering laboratories.
, . 3. Normal accessory buildings and accessory uses.
.C. Any change or use from that set forth in original application for
site plan approval shall require a new application to the Building
Inspector for a Certificate of Occupancy.
Section 425.02 . Site Plan Approval
The procedures set forth in Section 440 shall be followed.
Uses subject to site plan -approval must conform to the following
•provisions:
a) No smoke, gas, dust, fumes, odors, nor other atinospherlo
pollutant, noise, vibration, glare, radiation beyond building In which
such use is conducted.
b) Such use shall not constitute a fire, explosive or other physical
hazard.
c) No water, atmospheric pollution or other health hazard shall
result from the use of such land or structure.
d) No work or services shall be performed except in en enclosed,
permanent structure, except for the maintenance of grounds.
Section 425.03 - Buildings or Structures - Height •
No building, structure or portion of a structure shall be erected to a
heighe in excess of thirty-five (35) feet. A water tower, however, may
be erected to such height as permitted by site plan approval. ' '
Section 452.04 - Lot Area and Frontage
Each lot in separate ownership must front on public street at least
to the extent of 50 feet. •
• Section 425.05 - Maximum Coverage
-All buildings on any lot, including main and accessory buildings,
shall occupy no more than a total area of twenty-five per cent (25%)
of the area of such lot.
Outside Parking area may not exceed thirty-five per cent (35%) of
lot area. •
Open Space: Area 'without any structure of parking area, must be
maintained at least to the extent of 40% of lot area. Such area shall
be' maintained as lawn or in its natural state, except for roadways or
access drives.
Section 425.06 - Yards
Yards shall be subject to site plan aperoval. No buildings on any lot'
shall be erected nearer to any street r,ght-of-way line than 125 feat,
or nearer than 200 feet to any Residence Zone Boundary.
Section 425.07 - Screening and Landscaping
- Sufficient hedges, fences, or walls, or a design and material subject
to approval by the Planning Board, shall be provided. All required
screening and landscaping shall be maintained throughout the life of
any use for which a Certificate of Occupancy Is granted.',
• Section 425.08 - Ingress and Egress
For each lot there shail bo adequate ingress end egress driveways
with a minimum width as follows:
A. For one-way driveways - 16 ft. pavement width
B. For two-way driveways - 25 ft. pavement width •
Section 425.09 - Off -Street Parking Requirements
No parking area shall be closer to a Residence Boundary than fifty
(50) feet. There shall be provided not less than two square feet of
parking area (inclusive of aisles, but exclusive of access drives or
roads) for every. square foot of gross floor area with not leas than the.
following number of spaces for the following exceptions: -
A. Banks, busi,i:.;s offices not otherwise specified, one space for
every 200 square feat of gross floor area plus one parking space for
every three employee's.
B. Business service offices - one space for every 500 square feet of
gross floor arca plus ono space for each two employees.
C. Offices of architects, attorneys, accountants, engineers, real
estate offices, insurance offices, and other professional offices in.
which the ratio of visitors to employees is similarly low - one specie
for every 500 square feet of gross floor area, plus one parking space
for each two employees.
D. Professional offices of Practitioners of Healing, Arts end
Sclennces: ton (-00) sprces shall be provided for the first practitioner;
eight (8) spaces each for the second and third practitioners, and six
(6) spaces for each additional practitioner. '
E. Research and/or development laboratories: One space for every
two employees for which the building is designed, but !not law than
one space for every COC squ:.re fcc, ass floor area.
Section 425.10 - Off-Stroct Requirements
All loading and unioeding :hall t,.!ka place entirely on the lot, either
on the side or in tho rocr of any gilding, and not nearer than 100
foot from any Rocidunco District Boundary.
n 05.1; i • Gut...,. !Storage
b yeateiefie supttiies • "ads; debris,A voile, preduct% shall be
rtyr 01 �. -•icd n.,r.:�t. .. i, .. .;....�.,t�. Tri Fv•li MI..4 ttF ►MtN.e
sposal or sec gee of w... cans or other waste apparatus shall be
enclosed by sui:eb.:i ser c :::. or fencing as required oy Planning
Bocrd In Site P:r.r
No trailer, temporary .tr c- :e, u-cilc: track or otr.:r atructurro .
which has not oo,rd i-.. •.r.c sit: .
approval shell ..., us:,G o; p:ccec :se the prcrnisc: s. _..trage or
purposes except durin; ,na purled of ccnarc•.ian
building on the
..cation ill - — upon
:on er,d pc .-.v: ,y ...::.
CLASSIFIED ADVERTISING
WAPPINGERS FALLS, N.Y.
•
AFFIDAVIT OP PUBLICATION
State of New York.
County of Dutcheu.
Town of Wappinger.
ik t I of the
Town of Wappinger. Dutcheu County. New Yak.
being duly sworn. says that she is. and 1t the several
times hereinafter was, the.. CQ:USuurawlLlvt...of
W. & S.D. NEWS. a newspaper printed and published
every Thursday in the yeu In the Town of Wappingez.
Dutchess County, New York. and that the annexed
NOTICE was duly published in the said newspaper for
...CnC ....week succeuively. .ce .... in each week.
commencing on the -1241 -day of... Jaw.
1949 and on the following dates thereafter. namely co
and ending on tht...12...+day of....4e.
19619. both days inclusive.
Subscribed and sworn to beta
this• . •t'Jn.. _day of.
it Ct��.•
My comtntutoss expires
Notary Public
14k -ug. --3 �r 4r.< < f
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