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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: