2024-2212024-221
Adopting Local Law Which Would Amend Chapter 230-45 Of the Town Code to Amend
Schedule XI"
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 December
9, 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 -2024-221
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Mover
Q
❑
❑
❑
❑ Tabled
Angela Bettina
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Al Casella
Seconder
Q
❑
❑
❑
The following Resolution was introduced by Councilman Beale and seconded by Casella.
WHEREAS, the Town Board is considering the adoption of Local Law No. of 2024 which
would amend Chapter 230-45, Schedule XI to add a weight limit of five tons (5,000lbs) to Dean
Avenue; and
WHEREAS, a Public Hearing on the proposed Local Law was duly advertised in the
Southern Dutchess News and the Poughkeepsie Journal as required by law; and
WHEREAS, a Public Hearing was held on December 9, 2024 and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or
any part thereof; and
WHEREAS, for the purposes of the New York State Environmental Quality Review Act
(SEQRA), the Proposed Action is the amendment of Chapter 234-45 as described above; and
WHEREAS, the Town Board has determined that the Proposed Action 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, as in accordance with Section 239 of the New York State General Municipal
Law, the Town Board referred the proposed Local Law to the Dutchess County Department of
Planning and Development (DCDPD) for its advisory opinion; and
WHEREAS, in response to said referral the DCDPD responded and it was determined to
be a matter of local concern; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board of
the Town of Wappinger for at least ten (10) days prior to the adoption of this resolution.
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
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 has reviewed the forms EAF Part 1 and Part 2 and after due
deliberation hereby adopts negative determination under SEQRA.
3. The Town Board, after due deliberation, finds that it is in the best interest of the
Town to adopt said Local Law, and the Town Board hereby adopts Local Law No.4
of 2024, a copy of which is attached hereto and made a part of this Resolution; and
The Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local
Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to
the Secretary of State of New York.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Al Casella, Councilman
AYES: Cavaccini, Beale, Bettina, Phillips, Casella
Dated: Wappingers Falls, New York
12/9/2024
The Resolution is hereby duly declared Adopted.
JOSEPJ4 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.4 of the year 2024
A local law entitled "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, Illteiir s Il ed afire Ill ening
added,
230 45 Schedule XII: Trunks Over Certain Wei hts Excluded.
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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
e
Weight Limit
(tons)
Five
Location
Old IHk-)l ewelll IR(md and IR(-Mte RD