LL #06-2001Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
► (Use this form to file a local law with the Secretary of State.)
1 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.
039 of-------------WAAM GER--------------------------------------------------------------
Town
X
Local Law No. -------- #6------------------------ of the year 20A1.-
Alocal law .... entitled "Local Law Amending Section 240-37: "District Regulations" by
- - - - ---------------------------------
(1-," rifle)
___amending_the_"Schedule of Dimensional Regulations" and Section 240-8
1Zoning Mag"_by__ rescinding the conditional -rezoning of the parcels
_-__identified__ in_ Schedule_ 1_ and- -confirming -the- zoning of said parcels to
be R -20 -One Family Residence District
Be It enacted by the ----- Town_Board------------------------------------------------------------------- of the
(Nana o/Legislative Body)
KW of -------- Wappinger----------------------------------------------------------------- as follows:
Town
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DOS -239 (Rev. 11/99)
(1)
LOCAL LAW #-0.- OF THE YEAR 2001
A Local Law entitled "Local Law Amending Section 240-37: 'District Regulations'
by amending the 'Schedule of Dimensional Regulations' and Section 240-8 'Zoning
Map' by rescinding the conditional rezoning of the parcels identified in Schedule 1 and
confirming the zoning of said parcels to be R -20 -One Family Residence District" be
enacted by the Town Board of the Town of Wappinger as follows:
Section 1• Title: "Local Law Amending Sections 240-37: District
Regulations" This Local Law shall be known and cited as "Local Law Amending
Section 240-37: 'District Regulations' by amending the 'Schedule of Dimensional
Regulations' and Section 240-8 'Zoning Map' by rescinding the conditional rezoning of
the parcels identified in Schedule 1 and confirming the zoning classification of said
parcels to be R -20 -One Family Residence District" as set forth below.
Section II: Legislative Intent: Pursuant to Local Law #1 of 1999, various
parcels described in Schedule 1 attached hereto containing approximately eighteen
acres along the north side of Old Hopewell Road were rezoned from R -20 -One Family
Residence District to SC -Shopping Center District. As part of the rezoning and to
alleviate some of the impacts of the rezoning to neighboring properties, the schedule of
dimensional regulations as referenced in Section 240-37 was amended to require a
minimum front yard set back for the SC District on Old Hopewell Road to be 150 feet
and to require a minimum 75 foot vegetative buffer between the property line abutting
Old Hopewell Road and the parking area. This rezoning was adopted pursuant to an
application made by the Alpine Company of Poughkeepsie as part of a proposed
expansion of its existing shopping center located immediately to the north of the parcels
identified in Schedule 1. This re -zoning was also adopted pursuant to the
recommendation of the Planning Board of the Town of Wappinger that all of the parcels
listed on Schedule I be re -zoned "SC -SHOPPING CENTER DISTRICT", that said
parcels be consolidated and developed as an expansion of the existing Shopping
Center to the North. Subsequent to the adoption of Local Law #1 of 1999, the Town
Board, at public meetings, has been advised by Ernesto and Concetta Olivieri, owners
of two of the parcels on Schedule 1, that they no longer have a contractual relationship
with Alpine and no longer intend to convey their parcels to Alpine. As a condition of the
adoption of Local Law #1 of 1999, Alpine had entered into a contract with the Town
Board dated January 26, 1999 requiring Alpine to observe various conditions and
undertake certain works and the provisions of said contract were to be incorporated in a
Declaration of Covenants and Restrictions dated December 15, 1998 and subsequently
recorded in the Office of the Dutchess County Clerk on April 15, 1999 encumbering the
rezoned parcels. In view of the representations made by Ernesto and Concetta Olivieri,
the Town Board has determined that Alpine can no longer develop the property
consistent with the contract of January 26, 1999 or the Declaration of Restrictions
recorded on April 15, 1999, and accordingly determines that it is in the best interest of
the residents of the Town of Wappinger and for the orderly growth of the Town of
Wappinger that the conditional rezoning adopted pursuant to Local Law #1 of the Year
1999 be rescinded.
Section III: Amendment to Section 240-37 "Schedule of Dimensional
Regulations - Nonresidential Districts": Section 240-37 of the Code of the Town of
Wappinger entitled "District Regulations" is hereby amended by deleting notes 5 and 6
to the Schedule of Dimensional Regulations - Nonresidential Districts, specifically "Note
5- The minimum front yard setback for the SC District on Old Hopewell Road shall be
150 feet" and "Note 6, a minimum seventy-five foot vegetated buffer shall be required
between the property line abutting Old Hopewell Road and the parking area."
Section IV: Amendment to Zonina Map: Section 6 of Local Law 1 of 1999
is hereby repealed and Section 240-8 entitled "Zoning Map" shall be further amended
by amending the Town of Wappinger Zoning District Map, prepared by Paggi & Martin,
Consulting Engineers and Land Surveyors, last dated February 19, 1996, and as
amended from time to time thereafter, by correcting and confirming the zoning
classification of the seven (7) parcels described below to be "R -20 -One Family
Residence District":
Last Known Property Owner Location Tax Grid Number
Ernesto & Concetta Oliveri
Ernesto & Concetta Oliveri
205 Old Hopewell Road
207 Old Hopewell Road
Alpine Company of Poughkeepsie 213 Old Hopewell Road
Dabil Enterprises
Joseph Rizzo
Egidio & Patricia Versea
Mildred Sucich
* as to one-half (1/2) acre only.
217 Old Hopewell Road
219 Old Hopewell Road
221 Old Hopewell Road
237 Old Hopewell Road
6157-02-645586
6157-02-668575
6157-02-687552
6157-02-700544
6157-02-706566
6157-02-740554
6157-02-796563*
Section V: Amendment to Map: The Town Supervisor is hereby directed to take
whatever steps are necessary, if any, to make any corrections to the Zoning Map of
the Town of Wappinger to reflect the zoning designation of the subject parcels as "R -20 -
One Family Residence District."
Section VI: 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 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 VII: Ratification: Except as amended by these additions to Sections
230-46, 230-47 and 230-48, the Code of the Town of Wappinger is otherwise ratified
and re -confirmed.
Section VIII: Effective Date.
This Local Law shall take effect immediately upon adoption and filing with the
Secretary of State as provided by the Municipal Home Rule Law.
SCHEDULE 1
Last Known Property Owner
Location
Tax Grid Number
Ernesto & Concetta Oliveri
205 Old Hopewell Road
6157-02-645586
Ernesto & Concetta Oliveri
207 Old Hopewell Road
6157-02-668575
Alpine Company of Poughkeepsie
213 Old Hopewell Road
6157-02-687552
Dabil Enterprises
217 Old Hopewell Road
6157-02-700544
Joseph Rizzo
219 Old Hopewell Road
6157-02-706566
Egidio & Patricia Versea
221 Old Hopewell Road
6157-02-740554
Mildred Sucich
237 Old Hopewell Road
6157-02-796563'A
*as to one-half (1/2) acre only.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. -----#6--------------------------- of 20.0.1 --
of the ( Li )(Town)(SM13W) of ----- SAP-YIN61R-------------------------------------------- was duly passed by the
__Tt1W.N__BQARD----------------------------- on-QQTU-K --22- 20 Ol, in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
----------------------------------------------- on ------------------ 20 --- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of----------------------------------------------------------------- was dulypassed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the ------------------------------------------------- on------------------- 20----. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special)(annual) election held on ------------------ 24--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of---------------------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20---- , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the -------------------------------------------------- on ------------------ 20 --- . Such local law was subject to
(Elective Chief Evecutive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of ------------------ 24--- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5..�CIty local law concerning Charter revision proposed by petition.)
1 -hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20----,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding -local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ----- ------- above. '/ 11151 v /? 11
(Seal)
Clerk of the CountylegislatiyKbodf, City, Tows or Village Clerk
or officer designated by l01 le ' ative body
GLORIA MORSE, Clerk
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF pirrr"..SS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been ha'd or taken for the enactment of th11 ^^^.��A '•-��•^
ALBERT P. ROBERTS Attorney to Town
Title
49K of Wanninger
Town
Date: G/'l' 2001
(3)