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2024-2042024-204 Resolution Introducing Local Law Of 2024 Amendment To Chapter 230-45, Schedule Xi Dean Avenue Weight Limit At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October 28, 2024. The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll being called, the following was recorded: ✓ Vote Record - Resolution RES -2024-204 Yes/Aye No/Nay Abstain Absent 2 Adopted ❑ Adopted as Amended Joseph D. Cavaccini Mover Q ❑ ❑ ❑ ❑ Defeated William H. Beale Mover Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Voter Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Seconder Q ❑ ❑ ❑ Al Casella Voter 2 ❑ ❑ ❑ The following Resolution was introduced by Supervisor Cavaccini and seconded by Councilman Phillips. WHEREAS, the Town Board is considering the adoption of Local Law No. of 2024 which would amend Chapter 230-45 of the Town Code with respect to Schedule XI to add a weight limit of 10,000lbs for vehicles traversing Dean Avenue (the "Proposed Action"); and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is as defined above; and WHEREAS, the Town Board has determined that the Proposed Action is an Unlisted Action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of 2024 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. 5 of 2024 for 7:00 PM on the 9th day of December, 2024 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: Joseph D. Cavaccini, William H. Beale SECONDER: Christopher Phillips, Councilman AYES: Cavaccini, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 10/28/2024 The Resolution is hereby duly declared Adopted. JOSEI,P. PAOLONI, TOWN CLERK NEW 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.) 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. of the year 2024 A local law entitled "A Local Law No. Of 2024 Which Would Amend Chapter 230-45 Of the Town Code to Amend Schedule XI" 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. _ OF THE YEAR 2024 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. _ of 2024 for the Purpose of Amending Chapter 230-45 of the Town Code to Amend Schedule XI" Section 2. Legislative Intent The Town Board believes that it is reasonable and appropriate to amend Chapter 230-45 of the Town Code to amend Schedule XI" in order exclude trucks over the weight of five (5) tons or 10,000 lbs from Dean Avenue, except for local deliveries only. Dean Avenue is a short, narrow road with limited sight distances at its intersections which was designed to serve a limited number of residences but instead has become a cut through street for vehicles avoiding the intersection of Old Hopewell Road and New York State Route 9D. A weight limitation will limit the amount of traffic on Dean Avenue by reducing the number of vehicles that would be permitted to use it, particularly vehicles over five tons. 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. Amendments to Chapter 230-45 Schedule XI: Trucks Over Certain Weights Excluded. (items in Black reflect existing code that have not changed, Illteiii°ss IIEed afire Ill ening added, 230-45 Schedule XI: Trucks Over Certain Weights Excluded. In accordance with the provisions of § 230-14, trucks in excess of the weights indicated are hereby excluded from the following streets or parts thereof, except for the pickup and delivery of materials on such streets: Name of Street Dean Avenue Weight Limit (tons) Five Location Old IHI(:)I ew(:,,1111 IR(md and IR(:)uI.(m RD Short Environmental Assessment Form Part I - Project Information Instructions for Completine Part 1 — Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Local Law No. —Amending Section 230-45 (Weight Limits) Name of Action or Project: Dean Avenue, Town of Wappinger Project Location (describe, and attach a location map): Dean Avenue between Old Hopewell Road and NYS Route 9D Brief Description of Proposed Action: Amend Section 230-45 of Town Code to restrict vehicles over 5 tons on Dean Avenue. This amendment would add Dean Avenue to Schedule XI of Section 230-45 and limit the weight of commercial vehicles to 10,000 lbs except for local deliveries. Dean Avenue has become a cut through street for traffic seeking to avoid the intersection of Old Hopewell Road and New York State Route 9D. Dean Avenue is narrow and has poor line of sight at the NYS Route 9D intersection and is not suitable for commercial traffic by vehicles over 10,000lbs. Name of Applicant or Sponsor: Telephone: P 845-297-4158 Town of Wappinger Town Board E -Mail: jcavaccini@townofwappingerny.gov Address: 20 Middlebush Road City/PO: State: Zip Code: Wappingers Falls New York 12590 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that 1:1may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ❑ 3. a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, are adjoining or near the proposed action: ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial ❑ Residential (suburban) ❑ Forest ❑ Agriculture Aquatic ❑ Other(Specify): ❑ Parkland Pagel of 3 SEAF 2019 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A ❑ ❑ ❑ E]— ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO NO YES ❑ ❑ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES ❑ ❑ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES ❑ ❑ ❑ ❑ ❑ F-1 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES ❑ ❑ 12. a. Does the project site contain, or is it substantially contiguous to, abuilding, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES ❑ ❑ ❑ ❑ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ❑ ❑ ❑ ❑ Page 2 of 3 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ❑ ❑ 16. Is the project site located in the 100 -year flood plan? NO YES ❑ ❑ 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: NO YES ❑ ❑ ❑ ❑ ❑ ❑ 18. Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)? If Yes, explain the purpose and size of the impoundment: NO YES ❑ ❑ -19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES ❑ ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Town of Wappinger Town Board Date: Signature: Title: Supervisor PRINT FORM Page 3 of 3 Agency Use Only [If applicable] Local Law No. of 2024, Weight Project: Limit on Dean Avenue Date: , 2024 Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" PRINT FORM Paget of 2 SEAF 2019 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ✓❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? 0 ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ❑ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? 0 ❑ b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, ❑ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ❑ waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? 0 PRINT FORM Paget of 2 SEAF 2019 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Due to the location of Dean Avenue between the signalized intersection of Old Hopewell Road and Route 9D, it has become a cut through street for vehicles seeking to avoid the signal. This Local Law was prepared to amend Sectior 230-45, Schedule XI, to add a weight limit to Dean Avenue to prevent cut through truck traffic, which in addition to passenger car traffic, was having a significant impact on the road itself as well as the residential character of the neighborhood. Dean Avenue was not designed for truck traffic. It is narrow in width and has poor line of sight at the Route 9D intersection. F-1Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Wappinger Town Board Name of Lead Agency Joseph D. Cavaccini Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Supervisor Title of Responsible Officer Michael T. Liguori, Town Attorney Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2