LL 5 2017 SC degarmo LL v2.0.dhsNEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
5-17-17
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Town of WAPPINGER
Local Law No. 5 of the year 2017
A local law entitled "Local Law No. 5 of 2017 for the Purpose of Amending Chapter 240,
Zoning, of the Town Code by Modifying the Shopping Center (SC) District and
Changing the Zoning of Two Parcels to SC."
Be it enacted by the TOWN BOARD of the
Town of WAPPINGER as follows:
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LOCAL LAW No. 5 OF THE YEAR 2017
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law No. 5 of 2017, for the Purpose of
Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District
and Changing the Zoning of Two Parcels to SC."
Section 2: Legislative Intent
The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of
the Town Code with by modifying the Shopping Center (SC) District and changing the zoning of
two parcels to SC. The zoning in this local law is consistent with the Town Comprehensive Plan.
Further, this local law is determined to be an exercise of the police powers of the Town to protect
the public health, safety and welfare of its residents.
Section 3: Amendment to the Text of Chapter 240, Zoning
In the Schedule of Dimensional Regulations - Nonresidential Districts at 240 Attachment 4:1, the
minimum lot area in the Shopping Center District shall be changed from 10 acres to 5 acres.
Section 4. Chanaina of Zonina District Designations of Parcels
The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the
New Zoning District as shown below:
Tax Parcel
Number(s)
Subject Property Address
Owner's Name
and Address
Existing Zoning
District
New Zoning
District
235-237 Myers Corners Road
Jusomi Holdings LLC
NB
SC
6258-02-759569
Wappinger, NY 12590
851 Route 22
Neighborhood
Shopping
Brewster, NY 10509
Business
Center
Myers Corners Road
Jusomi Holdings LLC
R-40
SC
6258-02-781586
Wappinger, NY 12590
851 Route 22
1 -Family
Shopping
Brewster, NY 10509
Residence
Center
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Section 5. Amendments to the Zoning Map of Chapter 240, Zoning
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed
zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed
DeGarmo Plaza Rezoning," dated March 31, 2017and attached hereto.
Section 6: Ratification, Readoption and Confirmation
Except as specifically modified by the amendments contained herein, the Code of the Town of
Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force
and effect and is otherwise ratified, readopted and confirmed.
Section 7: Numberina for Codification
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this
Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-
sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such
intention; that the Codifier shall make no substantive changes to this Local Law; that the word
"Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for
codification; and that any such rearranging of the numbering and editing shall not affect the validity
of this Local Law or the provisions of the Code affected thereby.
Section 8: Separability
The provisions of this Local Law are separable and if any provision, clause, sentence, subsection,
word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or
circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or
impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this
Local Law or their application to other persons or circumstances. It is hereby declared to be the
legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been
adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or
part had not been included therein, and if such person or circumstance to which the Local Law or
part thereof is held inapplicable had been specifically exempt therefrom.
Section 9: Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
the Municipal Home Rule Law.
Attachment: Exhibit A
J:\DOCS2\500\Wappinger\Code Amendmts201TSC degarmo LL v2.0.dhs.doc
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