LL #18-2011NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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
0 Town
❑ Village
Local Law No. 18
of the year 20 11
A local law entitled, "A Local Law Amending the Town's Zoning Map in Accordance with the Newly
(Insert Title)
Adopted Comprehensive Plan for the Purpose of Rezoning Properties to the Highway
Design (HD) District."
Be it enacted by the Town Board of the
(Name of Legis alive o y
❑ 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 IS OF THE YEAR 2011
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 in
Accordance with the Newly Adopted Comprehensive Plan for the Purpose of Rezoning
Properties to the Highway Design (HD) District."
Section 2. Legislative Intent
This local law is intended to implement the Town's Comprehensive Plan.
Section 3. Changing of Zoning District Designation 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:
DOS -239 (Rev. 11/99)
Existing
New
Tax Parcel
Owner's name
Zoning
Zoning
Ma ID
Numbers
And Address
District
District
6156-02-793743
Taconic Ed & Fed Gov Credit Union
196 Old Route 9
Fishkill NY 12524
Floria C. DiLullo, LT
C 1
Daniel E. DiLullo, RM
HO
HD
Denise C. Davis, RM
6156-02-781774
Gloria Sorci, RM
Susan C. DiLullo, RM
PO Box 275
Fishkill NY 12524
William Minard, Jr.
6157-04-632059
William T. Minard
19 Osborne Hill Road
Wappinger Falls NY 12590
1145 Route 9 Corp.
C2
6157-04-649068
1285 Route 9
HO
HD
Wa in ers Falls NY 12590
Lou Paggiotta, Trustee
6157-04-644025
11 Juniper Hill Road
Garrison NY 10524
D J T Realty LLC
6157-04-644039
1127 Route 9
Wa inners Falls NY 12590
DOS -239 (Rev. 11/99)
Myles P. Dempsey Sr. Family LLC
6157-04-671026
465 Knollwood Road
White Plains NY 10603
L P V LLC
C2
6157-04-704073
35 Burt's Path
HO
HD
Hopewell Junction NY 12533
Jai K. Jalaj
6157-04-708045
Roy N. Girija9 Peter Dr
Wappinger Falls NY 12590
RP 1207 LLC
JP 1207 LLC
6157-04-582220
24 Usonia Road
Pleasantville NY 10570
Walter Horton
6157-04-636239
Alice Horton
3 Mac Farlane Road
Wappinger Falls NY 12590
Frederick D. Romig
0
6157-04-639251
8 Barrister's Row
Wappinger Falls NY 12590
HO
HD
Christina A. Ungar, Trustee
6157-04-670241
8 Mac Farlane Rd
Wappingers Falls NY 12590
Jessie J. Smith
6157-04-648271
2 Carolyn Dr
New Paltz NY 12561
Robert F. Barnes
Richard P. Barnes
6157-04-627257
12 Barrister"s Row
Wappinger Falls NY 12590
J D V M Realty Associates
6158-04-530446
18 Tuckahoe Road
Yonkers NY 107 10
Guardian Self Storage East LLC
6158-04-559359
80 Washington St
Poughkeepsie NY 12601
Q & S Equities LLC
C4
6158-04-555308
48 Edwin Road
Poughkeepsie NY 12603
HO
HD
6158-04-535308
Redl Real Estate LLC
6158-04-551329
80 Washington St
6158-04-537402
Poughkeepsie NY 12601
New Wappinger Centerpoint LLC
6158-04-542293
Eckerd Drug #5023
p0 Box 3165
Harrisburg PA 17105
Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the
Wappin2er Town Code
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map
entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011.
Section 5. Ratification, Readoption and Confirmation
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.
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.
3
6158-02-999951
6158-02-983915
Reed Swenson
158 New Hackensack Rd
Wappingers Falls NY 12590
Diopter LLC
Hackensack Realty LLC
C5
6258-01-022981
Treasure Lake LLC
HO
HD
Upper Highlands LLC
PO Box 189
Indian Rocks Beach FL 33785
Cornelius F. Geaney
6259-03-036006
195 New Hackensack Rd
Wappingers Falls NY 12590
Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the
Wappin2er Town Code
The Zoning Map of the Town of Wappinger is hereby amended to graphically show the
changed zoning of the parcels listed in Section 3 above, as shown on the enclosed map
entitled, "Exhibit A, Proposed Zoning Map Changes," dated March 28, 2011.
Section 5. Ratification, Readoption and Confirmation
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.
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.
3
(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.)
1 hereby certify that the local law annexed hereto, designated as local law No. 18 of 20 11 of
the Mk9KM0(ft)(Town)aMM) of Wappinger was duly passed by the
Town Board on June 13th, 20 11 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
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)(Village) 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
on
(Name of Legislative Body)
(repassed after disapproval) by the
(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
was duly passed by the
on 20 —and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 _
(Elective Chief Executive Officer*)
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.
Such local
* 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, and was finally adopted in the manner indicated in
paragraph 1 above.
Cler f the county legislative body, City, Town or Village Clerk or
offic designated by local legislative body
(Sea!) Date: (01Z-
(Certificationto be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
1, 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
Albert P. Roberts - Town Attornev
Title
of
Town
Wappinger
Date:
DOS -239 (Rev. 05105)
Page 3of3