LL #01-199912/11/98
LOCAL LAW # 1 OF THE YEAR 1.99 9
TOWN OF WAPPINGER
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
SECTION 1: Legislative Background
The Town Board has received an application to rezone seven (7) parcels of land located along
Old Hopewell Road, east of its intersection with US Route 9 from "R-20 — 1 Family Residence
District" to "SC — Shopping Center District". The rezone is in connection with an expansion of
an existing shopping center owned by the Alpine Company of Poughkeepsie, said shopping
center being known as "Alpine Commons".
In order to effectuate and implement the concerns of the Dutchess County Department of
Planning, the Town of Wappinger Planning Board, and the Town Board of the Town of
Wappinger, the Alpine Company of Poughkeepsie ("Alpine") has agreed to conditions of
rezoning as hereafter described, and Alpine has incorporated the conditions in a formal written
Agreement with the Town which it has executed and delivered to the Town. In addition, Alpine
has also executed and delivered to the Town a Declaration of Covenants and Restrictions which
will be recorded in the Dutchess County Clerk's Office and indexed against the property to be
rezoned to insure compliance with said conditions.
In summary, the conditions are:
A.
The construction and installation of a landscaped buffer area measured seventy-five (75)
feet from the property line along Old Hopewell Road;
B.
The imposition of an additional seventy-five (75) foot building line setback measured
from the buffer area along Old Hopewell Road (a total of one hundred fifty (150) feet
C.
from the property line);
Any access drive on Old Hopewell Road will be restricted to right hand turn -in to the site
and right hand turn -out from the site only; no left hand turn -in nor left hand turn -out of
D.
the site will be permitted;
Any signage on Old Hopewell Road wouId be unlit, of a monument type and of a height
to be determined by the Planning Board;
E.
Any access on Route 9 into or from both the existing and enlarged shopping center shall
be limited to right hand turns except as to�the existing access; additional left hand turns
F.
will be prohibited;
Alpine will install traffic improvements on Old Hopewell Road and Route 9 together
,,,
G.
with necessary signage and signals;
The cumulative floor area on the rezoned parcels and existing shopping center shall be
limited to a total of 800,000 square feet;
H.
Alpine will extend its existing 10 -inch sewer line consistent with the Agreement above
12/11/98
described;
I. Alpine will extend its existing 8 -inch water line consistent with the Agreement above
described;
J. Alpine's consent to the inclusion of the existing shopping center and the rezoned parcels
into a new water improvement area or special district, and to provide certain work or
materials consistent with the Agreement above described;
K. As a condition for issuance of a Building Permit for a building or buildings having an
aggregate of 100,000 square feet or more on either the existing Alpine Commons
Shopping Center or on the rezoned parcels, Alpine will post Performance Bonds with the
Town to secure obligations as more fully described in the above Agreement; and
L. The rezoned lots will be consolidated into one lot of record.
1
11
Section 2. The Town of Wappinger Zoning Law, Section 420.4, Schedule of
Dimensional Regulations - Non-Reside��e � Duirementf oll be revised to
r the minimum
add the following footnote No. 5 under q
front yard requirement for the SC District to read as follows: The
minimum required "front yard" setback for the SC District on Old
Hopewell Road shall be one -hundred fifty (150) feet.", as shown on the
attached revised schedule.
Section 3. The Town of Wappinger Zoning Law, Section 420.4, Schedule of
Dimensional Regulations - Non -Residential Districts, shall be revised to
imum
add the following footnote No. 6 und
meat forer therequ1
the SC Distrement ricthto readu
landscaped open space require as
follows: "A minimum seventy_ -five (75) foot vegetated buffer shall be
required between the property line abutting Old Hopewell Road and the
"parking area.", as shown on the attached revised schedule.
Sect_4. The Town of Wappinger Zoning Law, Section 470.2.3.5, Angled and
Parallel Parking shall be renumbered to
Section read as 0.3.2.6.
and the
follo
following new Section 470.3.2.5 shall be ad
"470.3.2.5 Shopping Center Parking. Shopping centers which exceed 200,000 square
feet of "gross floor area" shall be required to provide a minimum of four
and one-half (4.5) parking spaces" for every one -thousand (1,000) square
feet of "gross floor area". Notwithstanding provisions to the contrary, the
rs shall
minimum dimensions of "parking spaces" for such shopping cente
be nine (9) feet by eighteen (18) feet with a twenty-four (24) foot aisle.
470.3.2.6 Angled and Parallel Parking."
ff-
Section 5. The Town of Wappinger Zoning Lativ, Section470.4,
to7add a netiv listing ule of Oand
Street Parking Requirements, shall be am
minimum requirement for "Shopping Centers greater than 200,000
square feet of gross floor area at 4.5 spaces for 1,000 square feet of
gross floor area", as shown on the attach revised
docs2\500\wap8-206.dkw
12/11/98
SECTION 6: Zoning District Map
The Town of Wappinger Zoning District Map prepared by Paggi & Martin, Consulting
Engineers and Land Surveyors, dated February 1996, and as amended from time to time
thereafter, is further amended by changing the zoning classifications of the following parcels,
more particularly described in Schedule A annexed hereto and made a part hereof, the aggregate
of said seven (7) parcels containing eighteen (18) acres of land, more or less, from "R-20 — 1
Family Residence District" to "SC — Shopping Center District":
Owner
Ernesto & Concetta Olivera
Ernesto & Concetta Olivera
Alpine Company of Poughkeepsie
Dabil Enterprises
Joseph Rizzo
Nancy Meddaugh
Mildred Sucich
* as to one-half (1/2) acre only.
Location
205 Old Hopewell Road
207 Old Hopewell Road
213 Old Hopewell Road
217 Old Hopewell Road
219 Old Hopewell Road
221 Old Hopewell Road
237 Old Hopewell Road
SECTION 7: Covenants and Restrictions
Tax grid number
6157-02-645586
6157-02-668575
6157-02-687552
6157-02-700544
6157-02-706566
6157-02-740554
6157-02-796563*
This Local Law is adopted on the condition that a Declaration of Covenants & Restrictions,
Alpine Company of Poughkeepsie, consistent with the provisions of the Local Law, be recorded
in the Dutchess County Clerk's office within twenty (20) days of the adoption of this Local Law.
The written agreement and the Declaration of Covenants and Restrictions shall be in a form
acceptable and approved by the Attorney for the Town Board.
SECTION 8:
The Town Supervisor is hereby directed to take whatever steps are necessary to have the Zoning
District Map of the Town of Wappinger amended to reflect the zoning changes hereby adopted
and said Supervisor is hereby authorized to retain the services of a professional engineer,
licensed land surveyor or Planning consultant to amend the Town of Wappinger Zoning District
Map within sixty (60) days from the date of the adoption of this Local Law. The Town
Supervisor is also authorized to execute the Agreement described in Section 1 and to execute
such further documents as are necessary to implement the conditions described in Section 1.
SECTION 9:
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 the Year 1990, and as amended from
time to time thereafter, is otherwise to remain in full force and effect and is otherwise ratified,
�'" readopted and reconfirmed.
12/11/98
SECTION 10: 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 11: Effective Date
This Local Law shall become effective immediately upon filing with the Secretary of State as
prescribed by law.
14
' ( SCHEDULE A
C.T. MALE ASSOCIATES, P.C. -
LEGAL DESCRIPTION
f.
ALPINE COMiYIONS PHASE zZ
PREPARED FOR ALPINE COMPANY' OF POUGHKEEPSIE
TOWN OF WA.PPINGER, COUNTY OF DUTCHESS, N -EW YORK
All that certain tract, piece or parcel of land situate, lying and being in the Town
of Wappinger, County of Dutchess, State of New York, lying generally Easterly of U.S.
Route 9 (S.H_ No. 5154) and Northerly Old Hopewell Road (County Route No. 28), and
being more particularly bounded and described as follows:
BEGINNI-NG at a point at the intersection of the division line between the lands now or
formerly of Alpine Company of Poughkeepsie as described in Book 193 of Deeds at
Page 530 on the North, and lands now or formerly of Lois Realty Co. as described in
Book 1654 of Deeds at Page 268 on the South with the Easterly boundary- of U.S. Route 9
(S.H. No. 5154), and runs thence from said point of beginning North 86 deg. 02 min. 37
sec. West along the above first mentioned division line 396.78 feet to is intersection
with the division line between the said lands of Alpine Company of Pough-keepsie on
the Northwest and the lands now or formerly of Jones on the Southeast; thence along
the above last mentioned division line the following two (2) courses: 1) North 53 deg.
50 rain. 35 sec. East 54.84 feet to a point; and 2) thence North 40 deg. 10 min_ 51 sec. East
49.22) feet to its intersection with the common division. line between the said lands of
Alpine Company of Poughkeepsie on the Northeast and the lands now or formerly of
Jon.es and lands now or formerly of Olivier
i as described in Book 1644 of Deeds at Page
737 and Book 1467 of Deeds at Page 402 on the Southwest; thence along the above last
mentioned common division. line the following three (3) courses: 1) South 26 deg: 29
min_ 09 sec. East 15.98 feet to a point; 2) thence South 26 deg. 29 min'. 09 sec East 244.52
feet to a point; and 3) thence South. 26 deg. 49 ruin. 09 sec. East 303.17 feet to its
.(SCHEDULE A continued)
C,T. MALE ASSOCIATES, P.C.
LEGAL DESCRIPTION
ALPINE COMMONS PHASE II
PAGE -2
intersection with the common division line between the said .lands of Alpine Company
of Poughkeepsie and other lands now or formerly of Alpine Company of Poughkeepsie
as described in Book 1924 of Deeds at Page 543 on the Northwest and the lands now or
formerly of Reuvers and lands now or formerly of Worley as described in Beok 1419 of
Deeds at Page 772, lands now known as Meddaugh and lands now or formerly..of
Sucich as described in Book 1021 of Deeds at Page 321 on the South; thence hong the
above last mentioned common division line the following five (5) courses: 1) North 69
deg. 16 n -d -n. 51 sec_ East 209.67 feet to a point, 2) thence North 71 deg. 31 :-nin. 52 sec_
East 2.34.22 feet to a point; 3) thence North 72 deo. 30 min. 35 sec. East 5.20 feet to a
point; 4) thence North 70 deg. 29 min. 16 sec. East 22.16 feet; and 5) Nor,: 52 deo. 25
min. 06 sec. East 100.44- feet to its intersection with the division line betwer-t the lands
now or formerly of Ivanoff as described in Book 1001 of Deeds at Page 184 on the
Northwest and the said Iands of Sucich on the Southeast; thence North 50 deg. 30 min.
30 sec. East along said division line 73.56 feet to a point; thence South 02 de-. 51 min. 17
sec. West through the said lands of Sucich 340.47 feet to a point on the division line
between the said lands of Sucich on the Northeast and the lands now or formerly of
Worley as described in Book 1419 of Deeds at Paoe 772 on the Southwest; t -hence along
the above last mentioned division line the following three (3) courses: 1) thence South
25 deg. 21 min. 26 sec. East 140.76 feet to a point, 2) thence South 25 deo. 35 min_ 56 sec.
East 131.39 feet to a point; and 3) thence South 24 deg. 58 min. 26 sec. East 160.05 feet to
its intersection with the division line between the lands now or formerly of vfasch on
SCHEDULE A continued).
C.T. MALE ASSOCIATES, P.C.
LEGAL DESCRIPTION
ALPINE COMMONS PHASE 11
PAGE - 3
the Southeast and the lands now or formerly of Worley on the Northwest; thence South
50 deg. 27 min. 14 sec. West along the above last mentioned division line 223.18 feet to
its intersection with the Northerly boundary of Old Hopewell Road (County Route No.
28); thence along the above last mentioned Northerly highway boundary the following
fourteen (14) courses: 1) North 80 deg. 07 min. 45 sec. West 26.56 feet to a point; 2)
thence North 76 deg. 44 ruin. 54 sec. �,%Icst 61.46 feet to apoint; 31) thence No: h 73 deg.
30 min. 46 sec. West 89.02 feet to a point; 4) thence.North 70 deg. 55 min. 38 sec. West
610.88 feet to a point; 5) thence North 48 deg. 18 min. 37 sec. West 102.19 feet to a point;
6) thence North 58 deg. 20 rnin. T4 sec. West 29.23 feet to a point; 7) thence No.—,,h 69
deo-. 11 min. 27 sec. West 32.69 feet to a point, 8) thence North 76 deg. 5o min. 31 sec.
West 41.76 feet to a point; 9) thence North 82 deg. 04 min. 52 sec. West 126.18 feet to a
point; 10) thence South 89 deg. 53 min. 42 sec. West 50.27 feet to a point; 11) thence
South 89 deg. 53 min. d.2 sec. West 44.20 feet to a point; 12) thence South 83 deg. 22 ruin.
33 sec. West 51.17 feet to a point; l3) thence North 67 deg. 45 min.. 20 sec. West 16.62 feet
to a point; and. 14) thence North 74 deg. 50 min. 33 sec. West 53.78 feet to its intersection
with the division line between the lands now. or formerly of Lois Realty Co. as
described in Book 1654 of Deeds at Page 268 on the East and the lands now or formerly
of Lois Realty Co. as described in Book 1820 of Deeds at Page 753 on the West; thence
North 09 deg. 14 min. 47 sec. East along the above last mentioned division line 498.31
fir+ feet to a point, said point being the Northeasterly corner of said lands of Lois Realty Co.
as desclibed in Book 1820 of Deeds at Page 753; thence through the lards now or
~' (SCHEDULE A continued)
C.T. MALE ASSOCIATES, P.C.
LECAL DESCRIPTION
ALPINE COMMONS PHASE II
PACE - 4
r
formerly of Lois Realty Co. the following two (2) courses: 1) North 09 deg 14 min. 47
sec. East 50.06 feet to a point;: and 2) thence North 83 deg. 31 min. 03 sec. West 282.42
feet to a point on the above first mentioned Easterly boundary of U.S. Route 9 (S.H. No.
5154); thence along the said above first mentioned Easterly highway boundary the
following three (3) courses: 1) North 06 deg. 46 min. 59 sec. East 27.07 feet to a point; 2) -
thence �-,crt�, 12 dea-41.min. 10 sec. East 97.-Z feet to a point; and 3) thence Nor'h 06
deg. 04 min. 45 sec. East 25.52 feet to the point or place of beginning.
C.T. MALE ASSOCIATES, P.C.
Edward F. Carrigan, PLS
September 24, 1992
Revised June 26,1998
cjU/EEC/Ps;":c
CTMA 089.1582
§ 420.4 SCHEDULE OF DIMENSIONAL REGULATIONS -- NON-RESIDENTIAL DISTRICTS
DISTRICT
HM
NB GB
CC
HB
Mu'
SC
HO
HD
COP
Al
PI
Minimum "Lot Area" (acres, unless noted)
—2
—
15,000 sf
1
2
2
10
1
5
5
2
5
Minimum "Lot Width" (feet)
50
100
100
100
150
300
500
150
300
500
200
3,101
Minimum "Lot Depth" (feet)
80
100
150
100
200
300
500
200
300
500
200
300
Minimum "Street" "Frontage" (feet)
50
100
100
100
150
300
300
150
300
300
150
150
Minimum "Front Yard" (feet) frpm:
• County/State highway
• centerline of other "street"
• "front lot line" of other "street"
75
40
15
75
50
25
75
50
25
75
75
50
75
75
50
75
50
25
75'
125
100
75
75
50
75
75
50
75
125
100
75
125
100
75
125
100
Minimum "Side Yard"3 (feet)
• "accessory building" <15' high
12
5
20
20
20
20
10
10
10
10
20
10
50
50
10
10
10
10
50
50
50
50
30
30
Minimum "Rear Yard"' (feet)
• "accessory building" <15' high
25
5
30
30
30
30
30
30
30
30
20
10
50
50
30
30
20
20
50
50
50
50
30
30
Maximum "Building Height" ("stories"/feet)
2.5/35
2.5/35
2.5/35
2.5135
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
2.5/35
Maximum "Building Coverage" (percent)
25
20
25
20
25
30
20
25
30
15
20
30
Maximum "Floor Area Ratio"
0.5
0.3
0.4
0.2
0.4
0.6
0.3
0.4
0.5
0.2
0.3
0.4
Maximum Impervious Surface (percent)
50
75
75
40
75
75
75
75
75
40
75
75
Minimum Landscaped Open Space
50
25
25
60
25
25
25°
25
25
60
25
25
Minimum Parking Setback (feet) from:
• "front lot line"
• "side and rear lot lines"—
—
—
—
—20
—
10
—
--
20
10
—
—
—
—
20
10
—
—
—
—
—
-
'Commercial uses shall not exceed a "floor area ratio" of four -tenths (0.4). No new or expanded "building" shall be permitted to exceed five thousand (5,000) square feet of "lot" coverage.
Residential "use(s)" shall not occupy more than fifteen percent (15%) of the first floor area.
2Minimum "lot area" per "one -family dwelling unit" = 25,000 square feet, unless served by central sewer system consistent with Town water and sewer management plan, in which case the
requirement is reduced to 10,000 square feet per "one -family dwelling unit".
3Where a lot abuts land in a residential district, the most restrictive side yard setback requirement of either district shall govern.
4Where a lot abuts land in a residential district, the most restrictive rear yard setback requirement of either district shall govern.
sThe minimum "front yard" setback for the SC District on Old Hopewell Road shall be one -hundred fifty (150) feet.
°A minimum seventy-five (75) foot vegetated buffer shall be required between the property line abutting Old Hopewell Road and the "parking area". !
w2ppcn9Nv420421.dkw
Docs • wap&200 dkw
77 Revised 8/98
TOWN QF WAPPINGER ZONING LAW
"Use"
Place of worship, theater,
auditorium, athletic field, or
other place of assembly
Hospital, "nursing home",
"convalescent home" or home
for the aged
"Golf and country club"
Bowling alley or other center
of public amusement
Retail or service business
ARTICLE ry - REGULATIONS SECTION 470 - PARKING & LOADING
Minimum Off -Street Parking
1 space for each 4 seats or pew spaces, or, in places
without seats, 1 space for each 100 square feet of
"gross floor area" "used" for public assembly.
1 space for each 3 patient beds and 1 space for each
employee, including medical, nursing, and service
staff.
1 space for each 2 memberships.
5 spaces for each bowling lane. All others, 1 space
per 100 square feet of "gross floor area" "used" for
public amusement.
1 space for each 150 square feet of "gross floor area"
on the ground floor and 1 space for each 250 square
feet of "gross floor area" on other floors.
sf of "gross floor `area" area :
Restaurant 1 space for each 3 seats or 1 space for each 100
square feet of "gross floor area", whichever is greater.
::
Office for business or 1 space for each 300 square feet of "gross floor
professional "use" (other than area".
accessory to residential "use")
10 spaces plus 1 space for each employee plus 4
Banking office
additional spaces for each person in excess of 2
acting as tellers including waiting space for drive-in
window or 1 space for each 150 square feet of "gross
floor area", whichever is less.
"Motel" 1 space for each guest sleeping room plus 1 space for
each 2 employees, plus 1 space for each permanent
resident.
Funerals home. 1 space aper employee plus 1 space per 50 square
feet of gross floor area In assembly rooms.
Veterinary office
1 space p::;a"
plus 1 space per 300 square
feet of "g." s ital" 4 s aces per doct,pus 1 space per employee but in
Kennel or animal hop P
no case less than 1 space per 400 square feet of
"gross floor area".
.,...;,_4 -7 In109
(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. #1 of 1999
of the 0gaxayH(XWTown)(3I0iRW of WAPPINGER was duly passed by the
TO ARD on ,Ian 25th 19 9 , in accordance with the applicable provisions of law.
ame 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 lave No. Of 19_
of the (County)(City)(Town)(Village) of was duly passed by the
- - on 19 , and was (approved)(not. disapproved)(repassed after
Name of Legislative Body
disapproval) by theand was deemed duly adopted on 19_
(Elective Chief Executive O(r�cer�
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 19_
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was
Elective Chief Executive Officer'
submitted 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 (general)(special)(annual) election held on
19 in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_, and was (approved)(not disapproved)(repassed after
Name of Legislative Body
disapproval) by the on 19_ Such local law was subject to
Elective Chief Executive officer*) �
permissive referendum and no valid petition requesting such referendum was filed as of 19_
in accordance with the applicable provisions of law.
Iry
'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 chairman 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.
5. ' (City local law concerning Charter revision proposed by petition.)
I hereby certify that the Iocal law annexed hereto, designated as local law No. of 19_
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the Municipal Home Pule 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 .
19 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 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, 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 cities of said county as a unit and of 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 appropritate 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 indicated in paragraph 1 , above.
Jerk o E e dept H�� own�x. itix�x�trxc?t
or officer designated by local legilsative body
ELAINE H. SNOWDEN, TOWN CLERK
(Seal) 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 DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
TOWN ATTORNEY
Title
B�
�{x of WAPPINGER
Town
Date: