LL #07-2002NEW 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.)
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.
City
of WAPPINGER
Town
Local Law No.
#7 of the year 20 03
A local law entified "Local Law Amending the Zoning Law and the Zoning Map
(Insert Title)
of -die Town of Wappinger for Properties Off Maloney Road"
Be it enacted by the TOWN BOARD of the
(Name oflegislative Body)
of WAPPINGER as follows:
Town
vuln
TEXT Com4ENCES ON NEXT PAGE
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DOS -239 (Rev.11199)
LOCAL LAW # 7 OF THE YEAR 2003
A Local Law entitled "Local Law Amending the Zoning Law and the Zoning Map
of -the -Town of Wappinger for Properties off Maloney Road".
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 Amending the Zoning
Law and the Zoning Map of the Town of Wappinger for Properties off Maloney Road".
Section 2: Legislative Intent
The proposed R-40 zoning for the properties on the south side of Maloney Road is
in keeping with the overwhelmingly residential/rural character of Maloney Road; with
the residential zoning and residential land uses recommended by the Town Plan for the
north side of Maloney Road; and the numerous instances of poor sight distance along
Maloney Road, which is a windy, hilly road unsuitable for commercial and industrial
uses. The proposed changes are also in keeping with the recent reclassification by the
Town Board of the 1988 Town Comprehensive Plan recommended land uses for the
properties from IND Industry to One Half to One Acre Residential and One to Two Acre
Residential.
References are to sections of the Town of Wappinger Zoning Code.
2
w
Section 3: The properties in the following Table 1 and attached Figure 1 shall be
rezoned as shown therein:
A"" 1
Approximate
-
Tax ID
Size (Acres)
Current Zoning
New Zoning
6259-02=
18.5
Al Airport
R-40
605758
Industry
6259-02-
0.6
Al Airport
R-40
666800
Industry
6259-02-
6.22
CC Conservation
R-40
558778
Commercial
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
'I CC to R-40
Al
Dutchess County
Airport
1AI to R-40
Al
AI Dutchess County
Airport
RMF
0
FREDERICK P. CLARK ASSOCIATES, INC.
Existing/Proposed Zoning - Nesheiwat
Leeead
Planning/Development/Environment/Transportation
Town of Wappinger, Dutchess County, New York
MPrapQsed Rezoning Parcels
ZONING
QAI - Airport Industry
Q GB - General Business
0 500 1000 Feet
A
QNB - New Business
N
Notes:
QR40 - Single Family Residential
Figure I
This map was compiled from multiple data sources with
C3R.MF-5 -Multi-Family Residential
different scale and projections. This map does not meet
National Map Accuracy Standards and should only be used
�CC -Conservation Commercial
March 2003
for general planning purposes.
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:\docs2\500\wappinger\zone amendments\neshiewat.499.locallaw.lkb.doe
5
(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- ----------- -. was duly passed by the
of the q&tWX�W)(Town)C1& ) of ---- �agp1ngE�------------------------------------- ----
_ Town___________________________ on --X--12------- 20 a3, 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------
as duly passed by the
of the (County)(City)(Town)(Village) of ---------------------7-------------------- -----------------------
and was (approved)(not approved)(repassed after
(Name of Legislative Body) __ and was deemed duly adopted on ------------
------ 20----,
disapproval) by the ------------------------------------------------
_____________
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local lav annexed.hereto, designated as local law No. -----------------------------------as duly passed by the
--------------------------
of the (County)(Clty)(Town)(Village) of --on-----=-----------------------------------------------------
-------------)'____-: and was a roved nota roved re assed after
----------------------- on ------------------ _0 a (PP )( PP )( P
(Nam, of Legislative Body)
on------------------- 20---- • Such local lav was submitted
disapproval) by the -----------------------------------------------
IElective Chitf 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 ---------------- -- '--a--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
_ of 20------
I hereby certify that the local law annexed hereto, designated as local law No. --------------------was duly passed by the
- --------------------------
of the (County)(City)(Town)(Village) of --on -------------------- --- � and was (approved)(not approved)(repassed after
(Name of Legislative Body)
--- --------------------- on ------------------ 20 --- • Such local law was subject to
disapproval) by the --------------------------
(Elective Chief Executive 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 -
county
ve body,
yor of a city or
wide basis oar of aetown where such officehe r Is vestedson or ewith the power lto approve or vvillage,
If thre be veto local laws or ordinances.
the supervis
(2)'
S. (City local law concerning Charter revision proposed by petition.)
----------------------- of 20�__.
as local law
I hereby certify that the local law annexed hereto, designated n submittedlto referendum pursuant to the provisions of
- ----- -------
of the City of -:--------------------------- --
section (36)(3' of the Municipal Home Rule Law, and having received the affirmative vote of a majority oft e
qualified electors of such city voting thereon at the (special)(general) election held on-------------------
�0----
became operative.
6. (County local law concerning adoption of Charter.)
s local law No - _ _ of 20------
I hereby certify that the local law annexed hereto, designated State of New York, having been submitted to the electors
of the County of ---:------------------ ------ �p pursuant to subdivisions 5 and 7 of section 33 of the
at the General Election of November ---------------------- p
he affirmative vote of a majority of te qua fied electors of th
Municipal Home Rule Law, and havingthe electors of the towns of said county ons dered as a unitcit-
ies of said county as a unit and a mason y qualified
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
in this office
d that
I further certify that I have compared the preceding local law hnall cal law. and finallywas the original on eadopted nin the mannerin-
isa correct transcript therefrom and of the whole of such ongt
dicated in paragraph------�--- above. . Y�a_ 1 d n
(Seal)
Clerk of the County teg.
or officer designated by
'- A.7 /r
(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 Dutr'b Gam_
I. the undersigned, hereby certify that the foregoing local lav contains the correct text and that all proper proceedings
have been ha'd or taken for the enactment.of the local law aanne: hereto.
ALBERT P- ROBERTS, ATTORNEY TO THE TOWN
Title
of WAPPINGER
Town
Date: �*3Z 7
PAN