LL #05-2002FEB -25 02 09:50 FROM:FP CLARK ASSOCIATES 9149676615
Local Law Filing
TO:914 297 4559 PAGE:02
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.)
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.
Cts
Qq
of _ WAPPINGER
Town
"lage
Local Law No. #5
of the year 20 02
A local law entitled "Local Law Amending: Zoning Law and the Zoniniz Map
(laser! %1110)
of the Town of Wappinger for Properties Off All An
Hill Road"
Be it enacted by the TOWN BOARD of the
(Name of legislative Body)
county
of WAPPINGER _as follows:
Town
age
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99)
FEB -25 02 09:51 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE:03
(DRAFT)
LOCAL LAW # #5 OF THE YEAR 2002
A Local Law entitled "Local Law Amending the Zoning Law and the Zoning Map
Of the Town of Wappinger for Properties off All Angels Hill Road".
BE 1T 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 Amending the Zoning
Law and the Zoning Map of the Town of Wappinger for Properties off All Angels Hill
Road".
Section 2: Legislative Intent
It has come to the attention of the Town Board that several properties in the
southwestern quadrant formed by the intersection of All Angels Hill road and New
Hackensack Road lie in more than one zoning district. The boundary between the R-40
and GB Districts appears to cut indiscriminately through three properties. These "split -
zoned" properties are particularly problematic because of the incompatibility of the
permitted uses within each district and the conflict created between the 1988 Town
Comprehensive Plan and the zoning district boundaries on the same properties.
Accordingly, and based upon recommendations by Frederick P. Clark Associates, Inc.,
Planners to the "Gown, the proposed changes will rezone the split zoned parcels to be
entirely within the R-40 residence district to ensure consistency with, and to implement
the specific recommendations of, the 1988 Town Comprehensive Plan for this area.
References are to sections of the Town oi' Wappinger Zoning Code.
2
FES -25 02 09:51 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 4558 PAGE:04
Section 3: The properties in the following Table 1 and attached Figure 1 shall be
rezoned as shown therein:
Table 1
Section 4: Except as specifically modified by the Amendments contained
herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of
1990 and amended from time to time thereafter is otherwise to remain in full force and
effect and is otherwise ratified, readopted and confirmed.
3
Current Zoning
New Zoning
Approximate
GB
R-40
GB
R-40
Tax LD
Size (Acres)
(Acres)
(Acres)
(Acres)
(Acres)
6259-03-
4.91
3.15
1.76
0
4.91
488062
_
6259-03-
1.90
0.43
1.47
0
1.90
453041
6259-03-
2.20
0.22 '
1.98
0
2.20
494036
Section 4: Except as specifically modified by the Amendments contained
herein, the Zoning Law of the Town of Wappinger as adopted by Local Law No. 5 of
1990 and amended from time to time thereafter is otherwise to remain in full force and
effect and is otherwise ratified, readopted and confirmed.
3
Al
CKENSACK RD
SFW HA ��
r
m
Ito
. o
0 Zoning District Boundary
�1 Proposed Rezoning to R-40
PROPOSED ZONING REVISION
Town of Wappinger, New York
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/DevelopmenUEnvironmenVTransportation N
y� 0 400 Fr:
July 7+0
Fiaure
FEB -25 02 09:51 FROM:FP CLARK ASSOCIATES 9149676615 TO:914 297 455e PAGE:06
Section 5: 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
petition 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
hereof is held inapplicable had been specifically exempt there from.
Section 6: 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.
j'WDc,;Z.00\wappinger%zonc amendmen0bids,1ucullxw.Ikb.duc:cv
2/21/02
(Complete the certification In the paragraph that applies to the filing or this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby ccnify that the loc-.1 Ia%v anncxcd hereto, designated as Loral 1a%v No. —21 ---------------------------- oC 2Q2?. -
act ��'k4q i'uwn oC---------Wappinger---------------------------------- was duly parsed by the
T BO _________ anMARCH 11 _____ 2C 02 in accordance with the applicable provisions of law.
W., •iL•=uLnw lar.)
Z (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief L-cecutive Officer'.)
I hereby certify that the local lav annexed hcrcto, designated as local lav No. ----------------------------------- or 20 --
eCthe (County)(City)(Town)(ViIiage) oC------- ------------------------------------------------- was duly passed by tfic
___-......... --------------------------------- on -------- ?Q.-, and was (approved)(not approvcd)(rcpnsscd aCter
(I f.a. of Lf ritLaw 1144Y
disapproval) by the ------------------------------------------------ and was dccmcd duly adopted on -----------------20---,
fElecnw Cnii/fsie+dw 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 loci lav No. .--- — — ------- — -- -------------- a 2Q ----
of the (County)(City)(Tuwn)(VIIagc) or--------------------------------------------------------------- was duly passed by the
__-___-_-_--------------------_----___-- on .-------------- 2Q-.-. and vas (approved) (not a pproved)(rcpasscd after
(Y.at of
disapproval) by the ------------------------ -------------------- -- on------------------- 20.--- . Such focal law was submitted
(F.liuiw Me/ f-rr=dw
to the people by reason oCa (m:tndatory)(permissive) rcrercndum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (gcncr-ti)(spcciai)(annual) election held on ---------M----- 20.-- , in
accordance with the appiicnble provisions of Iaw.
4. (Subject to permissive rcrercndum and final adoption becnuse no valid petition was filed requesting
referendum.)
I hereby ccnify that the local lav anncxcd hcr_to, designated as local lav No- --------- ------------------- --- or 20 ---
or the (County)(City)(Town)(ViIlage) of ---------------------------------------------------------- was duly passed by the
------------------------------------------------- an ------------------ 20--- .and was (approved)(not approvcd)(repasscd after
(1V...../L'twinw a.1/)
disapproval) by the-------------------------------------------------- on ----------------- 2Q--. Such local law was subject to
(r,zliw C.;,f r-COCUC w Officir-)
permissivc referendum and no valid petition requesting such rcrercndum was filed as of ------------------20.--- , in
accordance with the applicable provisions or law.
' Elective Chief Executive Officer means or includes the chierexecutive officer ora county elected on a county-
wide basis or, it there be none, the chairperson of the county legislative body, the mayor or a city or village, or
the supertlsor or a town wlhere such oMcer is vested with the power to approve or veto local laws or ordinances.
(6)
S." (City local law concerning Charter revision proposed h}• pctltlan.)
I hereby cc.-tiry that the local lav annexed hercto, designated as local law No. ---------------------------------- of 20. -----
of the City oC--- ---------------- ----------------------- having been submitted to reCercndum pursuant to the provision -s of
section (36)(37) of the Municipal home Rule Law, and having received the affirmative vote ora majority of the
quallEcd eicctors orsuch city voting thereon at the (special)(general) election held an------------------- 2a---,
became operative.
6. (County local law cnnccrning adnptInn or Clinrtcr.)
I hereby certify that the local -lav annexed hercto, designated as Ioca1 law No- ------- ------------------------- or �Q---
oC the County oC »----------------------------• ----- State or New York, having been submitted to the electors-
at
lectorsat the General Election or November -- --------- ------- 20 rursuant to subdivisions S and 7 oCscction 33 or the
Municipal Home Rule Law, and having received the artirmativc vote of a majority or the qualiticd cicctors Or the cit-
ies orsaid county as a unit and a majority of tate qualified clee:or; of the towns orsaid county considered as a unit
voting at said general election, became operative.
(If any outer authorized Corm or final adoption tt:ts bectt rullo%ved, piense provide an approprintc ccrtiricatlon.)
I Curtherecrtify that I have compared the preceding loc-ii law with the originnI on rile in this OMCC and that the same
is a correct transcript therefrom and or the whole oCsueh original Ioenl Inw, and %v -is linaIty adopted in the manner in-
dicated in paragraph---_]---- above.
cork of the Calshfv Teck a lve tmdv, Cit) ; Ti ,
or nfriccr desigtutcd by toes! tccistative bLdy
GLORIA MORSE, TOWN CL, , 2002
Datc:
(Certification to be executed by County AttorneyCorporacion Counsel, Town Attorney, Village Attorney or
other authorized attorney or locality.)
STATr: OF NEW YOnK
COUNTY OF Di it,
I, the undersigned, hereby eertiry that the roregoing local lav contains the correct text and that all proper procecdings
have been had or taken for the enactment or the 1
ALBERT P. ROBERTS, ATTORNEY TO TOWN
of .WAPPINGER
Dnlc:
D2