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LL # 02-2012NEW 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 O Town ❑ Village Local Law No. of the year 20 12 A local law entitled"A Local Law Amending the Town's Zoning Map in Accordance with the Comprehensive Plan for the Purpose of Rezoning Properties to the R -3A 1 -Family District." Be it enacted by the Town Board of the (Name of LegislativeBody) 0 County ❑ City of Wappinger A 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 OF THE YEAR 2012 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 Comprehensive Plan for the Purpose of Rezoning Properties to the R -3A 1 -Family District." Section 2. Legislative Intent This local law is intended to implement the Town's Comprehensive Plan. Section 3. Changing of Zoning District Destination 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: 2 Existing New Tax Parcel Owner's Name Zoning Zoning Map ID Numbers and Address District District 6359 -01-235737 Mountain View Realty LLC - (portion in 25 Jersey St Wappinger) Babylon NY 11704 Timothy Toulan 6359-01-376524 Jessica Toulan (partial) 87 Diddell Rd Wappinger Falls NY 12590 6359-01-480600 Sydney G Corbin (partial portion in 79 Diddell Rd Wappinger) Wappinger Falls NY 12590 Sydney Corbin Al 6359-03-285420 Donald Corbin R-40/80 R -3A (partial) 79 Diddell Rd Wappinger Falls NY 12590 Phyllis Fantone 6359-03-228319 35 Didell Rd Wappinger Falls NY 12590 Barbara S Barrett 6359-03-274312 41 Diddell Rd Wappinger Falls NY 12590 6359-01-182562 Gregory P Garofalo, Trustee 6359-01-119522 6359-01-050625 PO Box 1007 6359-01-134683 Wappinger Falls NY 12590 pp g 2 Kevin P Mc Morris 6359-03-072497 48 Smith Crossing Rd Wappinger Falls NY 12590 Ernest A Acampora 6359-03-089462 Jennifer M Acampora 46 Smith Crossing Rd Wappinger Falls NY 12590 Michael V Grazioso 6359-03-097436 Juanita F Grazioso 42 Smith Crossing Rd Wappinger Falls NY 12590 Charles Webb 6359-03-101410 Jennifer Webb 40 Smith Crossing Rd Wappinger Falls NY 12590 Carol Colao 6359-03-102389 Frank Borassi 36 Smith Crossing Rd Wappinger Falls NY 12590 Giorgio C Morelli, Trustee Al 6359-01-006745 Theresa Morelli ,Trustee R-40/80 R-3A 351 Maloney Rd Wappinger Falls NY 12590 Brendan M Buckley 6359-01-056740 Corinne V Buckley 345 Maloney Rd Wappinger Falls NY 12590 Hugh N Ross 6359-01-076776 Anne D Ross 348-350 Maloney Rd Wappinger Falls NY 12590 6359-01-103791 John Tsahalis (portion in Heather Tsahalis Wappinger) 5 Curtain Ct Wappinger Falls NY 12590 6359-01-097790 County Of Dutchess 22 Market St Poughkeepsie NY 12601 6359-02-507643 Louis M Vitolano (partial) 16 Daniel Sabia Dr Wappinger Falls NY 12590 6359-02-539693 Ernest F Elliott (portion in 19970 Wilkonson Leas Rd Wa in er) Jupiter FL 33469 6359-02-560682 Qmgyun Yang (portion in Ping Li Wappinger) 22 Organ Hill Rd Poughkeepsie NY 12603 6359-02-630650 Jeffrey J Anesi ( portion in W (portion and 468 Albany Post Rd artger Croton-on-Hudson NY 10520 Neil Rosoff 6359-02-816613 51 Red Hawk Hollow Rd Wappinger Falls NY 12590 Patricia L Benson 6359-02-845591 61 Red Hawk Hollow Rd Wappinger Falls NY 12590 6359-02-859627 Frank Umbro (portion in Lois Umbro Wappinger) 228 Diddell Rd Poughkeepsie NY 12603 David Estremera 6359-02-882592 Diana Estremera 67 Red Hawk Hollow Rd Wappinger Falls NY 12590 Tod Snyder 6359-02-909564 Beth Snyder 68 Red Hawk Hollow Rd Wappinger Falls NY 12590 Barry R Olah 6359-02-925523 Marie P Olah 64 Red Hawk Hollow Rd Wappinger Falls NY 12590 Scott Nunziata Al 6359-04-889496 Sandra Nunziata R-40/80 R -3A 60 Red Hawk Hollow Rd Wappinger Falls NY 12590 6359-02-973560 Peter Houskeeper (portion in 242 Diddell Rd Wappinger) Poughkeepsie NY 12603 6459-01-006567 Robert J Lefever (portion in Brenda M Lefever Wappinger) 260 Diddell Rd Poughkeepsie NY 12603 6459-01-035583 Richard A Kavanagh (portion in Lori Kavanagh Wappinger) 46 Robinson Ln Wappinger Falls NY 12590 6459-01-061534 Gregory P Voght (portion in Laura D Voght Wappinger) 24 Frost Rd Wappinger Falls NY 12590 John S III Kotchie 6459-01-070503 Kathleen A Kotchie 80 Robinson Ln Wappinger Falls NY 12590 6459-01-105570 Maria Marewski (portion in 71 Robinson Ln Wappinger) Wappinger Falls NY 12590 6459-01-155549 Secor Strawberries (portion in 63 Robinson Ln Wappinger) Wappinger Falls NY 12590 Contrail LLC 645 25 Corporate Park Dr partial)) l (partial) ( Hopewell Junction NY 12533 6459-03-170310 Town Of Wappinger (partial) 20 Middlebush Rd 6459-03-116059 6358-02-785898 Wappinger Falls NY 12590 6459-03-110235 S & Z Developers Corp (partial) 40 Strawtown Rd New City NY 10956 Anthony R Riggio 6359-04-982402 Brenda M Riggio I 1 Robinson Garden Rd Wappinger Falls NY 12590 Clifford Santiago, Trustee 6359-04-979440 14 Robinson Garden Dr Wappinger Falls NY 12590 Ronald Bracchi 6359-04-999467 Dawn Bracchi 12 Robinson Garden Dr Wappinger Falls NY 12590 Chun Wai Fong 6359-04-850320 Lynn Ling Ling Shih 11 Lindsey Ct Wappinger Falls NY 12590 Richard D Kimmel 6359-02-757545 Susan M Kimmel 166 Diddell Rd Falls NY 12590 6359-02-719525 —Wappinger Donald M Corbin (partial) 10 Corbin Ln Wappinger Falls NY 12590 Donald M Corbin Al 6359-02-685574 Mildred Corbin R-40/80 R-3A 10 Corbin Ln Wappinger Falls 12590 6359-02-700504 Morag C Richards (partial) 152 Diddell Rd Wappinger Falls NY 12590 6359-02-659517 James H Schmidt 6359-04-695420 Jean G Schmidt (partial) 148 Didell Rd Wappinger Falls NY 12590 Amy Waterfield 6359-04-600360 Jeffery Pecchio 56 7th Ave New York NY 10011 James A Snowden 6359-04-517410 Jean K Snowden (partial) 108 Diddell Rd Wappinger Falls NY 12590 6359-04-578430 6359-04-533290 6359-03-492161 Con Edison Co of New York Inc 6359-03-445020 4 Irving PI 6358-01-397878 New York NY 10003 6359-02-596644 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger 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 December 5, 2011. Section 5. Ratification, Readoution 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. 2 6359-04-565440 6359-04-516290 6359-03-470162 6359-03-422034 C H G & E Corp 284 South Ave 6359-02-574650 Poughkeepsie NY 12601 6359-02-582682 6359-04-714124 (partial) Raymond Alexander 6359-04-557169 300 New Hackensack Rd 6359-03-441218 Wappinger Falls NY 12590 (partial) 6359-04-543283 Tiffany Hill South 6359-03-484336 86 Didell Rd (partial) Wappinger Falls NY 12590 6359-03-370130 (partial) Raymond Sabia 1 Patricia Ln Al R-40/80 R -3A 6359-03-469018 Hyde Park NY 12538 J A I Associates LLC 6358-01-495857 3530 Wayne Ave Bronx NY 10467 Denis R Sheil 6358-02-611903 Carla M Sheil (partial) 60 Viola Ct Wappinger Falls NY 12590 Douglas M Bradby 6459-01-136504 81 Robinson Ln Wappingers Falls NY 12590 Section 4. Amendment to the Zoning Map of Chapter 240, Zoning, of the Wappinger 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 December 5, 2011. Section 5. Ratification, Readoution 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. 2 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. Enclosure: Exhibit A JADOCS2\500\Wappinger\Code Amendmts\Comp Plan 2010 Local Laws\local law Al2 prev Il Lblank.euk.doc 7 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) I. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 2 of 20 12 of thO�' )(Town)�Si@faYe) of Wappinger Town Board was duly passed by the on January 23, 20 12 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 (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 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) 20 vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held -on Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative 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) was duly passed by the on 20 -and was (approved)(not approved) (repassed after disapproval) by theon �0 (Electrve 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 a, ed in the manner indicated in paragraph __ above. Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body/ I '1 (S al) Date: 4.Ln �.l-�IJZ-L1l a '"7 r C7w i a (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 Albert P. Roberts - Town Attorney Title R& * R%f Wappinger Town XlXW Date: C oC y / DOS -239 (Rev. 05/05) Page 3 of 3