Loading...
LL 5 2017 SC degarmo LL v2.0.dhsNEW 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.) 5-17-17 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. Town of WAPPINGER Local Law No. 5 of the year 2017 A local law entitled "Local Law No. 5 of 2017 for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) LOCAL LAW No. 5 OF THE YEAR 2017 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 No. 5 of 2017, for the Purpose of Amending Chapter 240, Zoning, of the Town Code by Modifying the Shopping Center (SC) District and Changing the Zoning of Two Parcels to SC." Section 2: Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, of the Town Code with by modifying the Shopping Center (SC) District and changing the zoning of two parcels to SC. The zoning in this local law is consistent with the Town Comprehensive Plan. Further, this local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Section 3: Amendment to the Text of Chapter 240, Zoning In the Schedule of Dimensional Regulations - Nonresidential Districts at 240 Attachment 4:1, the minimum lot area in the Shopping Center District shall be changed from 10 acres to 5 acres. Section 4. Chanaina of Zonina District Designations of Parcels The zoning of the parcels listed below is hereby changed from the Existing Zoning District to the New Zoning District as shown below: Tax Parcel Number(s) Subject Property Address Owner's Name and Address Existing Zoning District New Zoning District 235-237 Myers Corners Road Jusomi Holdings LLC NB SC 6258-02-759569 Wappinger, NY 12590 851 Route 22 Neighborhood Shopping Brewster, NY 10509 Business Center Myers Corners Road Jusomi Holdings LLC R-40 SC 6258-02-781586 Wappinger, NY 12590 851 Route 22 1 -Family Shopping Brewster, NY 10509 Residence Center 4 Section 5. Amendments to the Zoning Map of Chapter 240, Zoning The Zoning Map of the Town of Wappinger is hereby amended to graphically show the changed zoning of the parcels listed in Section 4 above, as shown on Exhibit A entitled, "Proposed DeGarmo Plaza Rezoning," dated March 31, 2017and attached hereto. Section 6: Ratification, Readoption and Confirmation Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 7: Numberina for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub- sections of this Local Law may be re -numbered or re -lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 8: 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 of the Town Board of the Town of Wappinger 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 9: Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. Attachment: Exhibit A J:\DOCS2\500\Wappinger\Code Amendmts201TSC degarmo LL v2.0.dhs.doc 3