LL# 18-2007Local 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.)
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.
County
City of WAPPINGER
Town
Village
Local Law No.
18
of the year 20 07
A local law entitled "Local Law #18 of the Year 2007, Amending the Town's Zoning Map
(Insert Title)
Regarding a Portion of the Property in the Wappinger Farms Estates Subdivision."
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW # 18 OF THE YEAR 2007
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1. Title
This local law shall be entitled, "A Local Law Amending the Town's Zoning Map
Regarding a Portion of the Property in the Wappinger Farm Estates Subdivision from the
R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District."
Section 2. Legislative Intent
The Town Board has received a request from the owners of certain property located on
Robinson Lane to re -zone a portion of the subject property from R-40/80 1 -Family
Residence District to the R-40 1 -Family Residence District. The subject property is the
lot described as 19-6459-03-110235 on the Town of Wappinger tax map. The property is
adjacent to the Town of Wappinger Robinson Lane Recreation Field. The Town Board
agreed to the proposed re -zoning subject to certain conditions which are set forth in a
written agreement dated September 25, 2007 and executed by Boris Shtutman, on behalf
of S & Z Development Corporation, the owners of the property. This local law is
intended to implement the re -zoning in accordance with the aforementioned agreement.
The re -zoning of this property is consistent with the Town's current Comprehensive Plan.
Section 3. Changing the Zoning of a Portion of the Property in the Wappinger
Farm Estates Subdivision
The zoning of the portion of the lot known as 19-6459-03-110235 on the Town of
Wappinger tax map and described on Schedule A attached to this local law is hereby
changed from the R-40/80 1 -Family Residence District to the R-40 1 -Family Residence
District.
Section 4. Amendment to the Zoning Map of the Town Code
The Zoning Map of Chapter 240, Zoning, of the Town Code is hereby amended by
changing the zoning district designation of the property described on Schedule A from
the R-40/80 1 -Family Residence District to the R-40 1 -Family Residence District, as
shown on the map attached hereto entitled "Wappinger Farm Estates Rezoning."
DOS -239 (Rev. 11/99)
Section 5.
Except as specifically modified by the amendments contained herein, the Code of the
Town of Wappinger is otherwise to remain in full force and effect and is otherwise
ratified, readopted and confirmed.
Section 6. 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 7. 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.
Attachments: Schedule A
Map
2
SCHEDULE A
As prepared by Spectra Engineering, Architecture and Surveying, P.C. and presented by
Corbally, Gartland and Rappleyea, LLP, dated November 14, 2007:
Metes and Bounds Descriptions of the Lands of Wappinger Farm Estates to be
Rezoned from R-40/80 to R-40 by the Town Board of the Town of Wappinger.
All that tract or parcel of land situate in the Town of Wappinger, County of Dutchess, and
State of New York, bounded and described as follows:
Beginning at a point on the easterly line of Robinson Lane located 285 feet northerly of
the centerline intersection of Robinson Lane and Paulette Lane. Thence along said
easterly line of Robinson Lane the following four (4) bearings and distances:
1) North 21°-15'-54" East 129.73 feet,
2) North 22°-21'-48" East 118.65 feet,
3) North 16°-19'-50" East 169.75 feet,
4) North 08°-20'00" East 688.70 feet,
Thence along the southerly line of lands of Tartter as recorded in the Dutchess County
Clerk's Office in Liber 1952, Page 219, South 28°-45-50" East 436.15. Thence along the
southerly line of lands of the Town of Wappinger as recorded in Liber 1066, Page 82,
South 28°-36'-04 East 899.40 feet, and South 28°-00'-14 East 230.89 feet to a point in
the southeasterly corner of proposed lot 9 in Wappinger Farm Estates.
Thence through Wappinger Farm Estates South 62°-00'-29" West 726.26 feet to a point
in the south westerly corner of proposed lot 10 in said Wappinger Farm Estates, said
point also located on the easterly line of lands now or formerly Wickmon (liber 1619,
page 917) on file at the Dutchess County Clerk's Office as lot 22 on filed map number
4014.
Thence continuing along the easterly line of lots 20 through22 of the aforementioned
filed map number 4014 the following four (4) bearings and distances:
1) North 28°-25'-14" West 95.16 feet,
2) North 28°-25'-00" West 200.91 feet,
3) North 28°-00'-34" West 237.26 feet,
3
4) North 28°-55'-04" West 196.39 feet to the point of the beginning.
Containing 804,418 Sq. Ft. = 18.47 acres of land.
November 14, 2007
This survey description is for and describes the easterly section of the Lands of
Wappinger Farm Estates (lands on the easterly side of Robinson Lane). Boris Shtutman,
the property owner and applicant before the Town of Wappinger Planning Board, has
applied to the Wappinger Town Board for a change of zoning from the current R-40/80 to
R-40 for this section of Wappinger Farm Estates.
This survey description is taken from a survey prepared by Spectra Engineering,
Architecture and Surveying P.C., with the starting point of 285 feet taken from the
existing deeds of the former owner, Robert Ingrassia, on file in the Office of the Dutchess
County Clerk. This survey description does not include the westerly section of the Lands
of Wappinger Farm Estates (lands on the westerly side of Robinson Lane), nor proposed
lot 20, nor the lands of Wappinger Farm Estates to be dedicated to the Town of
Wappinger for recreational purposes, as a re -zoning of the westerly section, the
recreational lands, and said lot 20 is not being applied for.
0
Rle: P:\Pmjects1500\Wappinger_Comprehensive_ Plan\GIS\Production\pmjeotslSiteRevims\WappingerFarmEstates570.727ZoneChange.mxd
VIVO V i
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�: Existing Zoning District Boundary to be Removed
a■••■a■®■.s•••® Proposed Zoning District Boundary
WAPPINGER FARM ESTATES REZONING
Town of Wappinger, Dutchess County, NY
August 17, 2007
FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Feet
N 600 300 0 600
(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.
the (County)(City)(Town)(Village) of WAPPINGER
TOWN BOARD on December 26
(Name of Legislative Body)
provisions of law.
18
of 20 07 _ of
was duly passed by the
20 07 in accordance with the applicable
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)(ViI[age) of was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 - in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
and was deemed duly adopted
of 20 of
was duly passed by the
20 -and was (approved)( not approved)
on 20
Such local law was 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
20 - 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
(Name of Legislative Body)
(repassed after disapproval) by the
was duly passed by the
on 20 and was (approved)(not approved)
(Elective Chief Executive Officer*)
on 20 . Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 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.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I 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 cities 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, aid was finally adopted in the manner indicated in
paragraph 1 above.
Clerk of thA county legis) tive body, City, Town or Village Clerk or
officer designated by local legislative body
(Sea/) Date: I zII ? � I W-7
(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 pIlIm73per proceedings have been
had or taken for the enactment of the local law annexed hereto.
' Signature
Albert P. Roberts, Attorney to the Town
Title
County
CityofWAPPINGER
Town
Village
Date: _ /
DOS -239 (Rev. 05/05) Page 3 of 3