The Town Board of the Town of North Greenbush finds that it
is in the best interests of the Town residents to rezone certain lands
owned by Rensselaer Polytechnic Institute in the Town of North Greenbush
for the purpose of developing a technology center to be occupied by
privately owned corporations that will construct and operate research
and development facilities, light industry, provide employment for
Town residents and increase the Town's tax base.
The purpose of this article is to amend the Official Zoning
Map[1] of the Town of North Greenbush to change the zoning of certain lands owned by Rensselaer Polytechnic Institute, thereby amending § 197-5 of the Code of the Town of North Greenbush.
[1]
Editor's Note: The Zoning Map is on file and available for
inspection in the office of the Town Clerk.
This article shall be known and cited as the "Rensselaer Polytechnic
Institute Rezoning."
Section 197-5, Official Zoning Map,[1] of the Code of the Town of North Greenbush is hereby amended
as follows.
[1]
Editor's Note: The metes and bounds description of this change
is on file in the office of the Town Clerk.
The zoning changes set forth in § 197-74 hereof are hereby granted upon the following conditions:
A.
The subject premises and any buildings, structures and improvements
to be situated thereon will be erected, used and occupied for the
purposes allowed in an IG Industry District as defined in this chapter,
except that the following uses are specifically prohibited:
(1)
Nuclear power generating plants.
(2)
Nuclear waste material reprocessing plants.
(3)
Public transportation garages.
(4)
Clothing manufacturing.
(5)
Automobile service establishments, repair facilities, auto laundries,
garages, storage, used car lots and similar uses.
(6)
Animal hospitals.
(7)
Breweries, building material processing, processing of animal matter,
chemical production, furnaces, forges and foundries, heavy fabricating,
petroleum processing and commercial laundries.
(8)
Junkyards.
(9)
Advertising signs.
(10)
Landfill and hazardous waste disposal sites.
(11)
Independent warehousing and distribution operations.
B.
Rensselaer Polytechnic Institute shall keep open and undeveloped
an area for a right-of-way approximately 150 feet in width occupying
approximately 20 acres of land for an alternate Route 4 until such
time as the New York State Department of Transportation resolves the
existing traffic problems on Route 4 in the Town of North Greenbush.
At this time, Rensselaer Polytechnic Institute will be free to develop
this land if unused by the State of New York. Rensselaer Polytechnic
Institute and the Town of North Greenbush will be free to release
this condition at any time upon mutual consent.
C.
Rensselaer Polytechnic Institute shall record in the Rensselaer County
Clerk's office a declaration of restrictive covenants as set forth
on Pages 109 through 135 of the draft environmental impact statement,
which will be binding upon any and all property owners in this industrial
zone. Rensselaer Polytechnic Institute at its sole option may amend
any restriction as set forth in the declaration of restrictive covenants
so that such restrictions are added to or made more stringent. However,
Rensselaer Polytechnic Institute may not permit any variance which
would lessen the restrictions absent the prior approval of the Town
Board of the Town of North Greenbush, which approval shall not be
unreasonably withheld.
D.
Rensselaer Polytechnic Institute will convey to the Town of North
Greenbush at such time as the Town Board may request a parcel of land
approximately eight to 10 acres immediately south of the Niagara Mohawk
Power Corporation right-of-way, with a 400-foot frontage on the Hudson
River bounded on the easterly side by the right-of-way of the Troy
and Greenbush Railroad, the exact dimensions and description to be
determined by an actual field survey, together with an easement approximately
30 feet in width through adjoining lands of Rensselaer Polytechnic
Institute to provide ingress and egress for vehicular and pedestrian
traffic. This easement shall be conveyed only if the Town of North
Greenbush is unable to obtain a similar easement from Rensselaer County
to be able to reach the parcel to be conveyed in fee from the public
streets in the City of Troy. This parcel shall always be used for
municipal purposes, and ownership of the parcel shall revert to Rensselaer
Polytechnic Institute if the Town shall fail to use the parcel for
such purposes. An easement approximately 30 feet in width shall be
reserved to Rensselaer Polytechnic Institute for ingress and egress
of vehicular and pedestrian traffic.
E.
Rensselaer Polytechnic Institute will convey to the Town of North
Greenbush at such time as the Town Board may request a parcel of land
of approximately four to five acres with frontage on New York State
Route 4 located immediately adjacent to and north of the parcel of
land occupied by Millers Animal Hospital, to be used by the Town of
North Greenbush as a location for a future town hall or municipal
center. This parcel shall always be used for municipal purposes, and
ownership of the parcel shall revert to Rensselaer Polytechnic Institute
if the Town shall fail to use the parcel for such purposes.
G.
The requirements of §§ 103-7F(1) and 103-10 of Chapter 103, Streets and Sidewalks, of the Code of the Town of North Greenbush[1] shall not apply to the lands herein rezoned with respect
to the location of some utilities. Sanitary sewers and storm sewers
shall be constructed under the roadbeds of the reconstructed Jordan
Road and Glenwood Road.
[1]
Editor's Note: The references to §§ 103-7F(1) and 103-10 are to Ch. 103 of the former Code of the Town of North Greenbush. These sections were repealed by L.L. No. 1-1989, adopted 3-9-1989, which local law is included in this Code as Art. II, Street Specifications, of Ch. 159, Streets and Sidewalks.
