2009-3362009-336
Resolution Introducing Local Law No. of 2009 Amending Chapter 230, Vehicles and
Traffic, of the Town Code Prohibiting the Parldng of Heave Commercial Vehicles on Town
Roads
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
26, 2009.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:03 PM)
Vincent F. Bettina
Maureen McCarthy (arrived at 7:12 PM)
Joseph P. Paolom
ABSENT:
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the Town Board of the Town of Wappinger has determined that
Chapter 230, Vehicles and Traffic, of the Town Code should be amended so as to prohibit
the parking of heavy commercial vehicles on Town roads (the "Proposed Action" ); and
WHEREAS, the Town Board has determined that the Proposed Action is a Type II
action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NTYCRR
(commonly known as "SEQRA") and pursuant to Chapter 117 of the Town Code (the
Wappinger Environmental Quality Review (WEQR) Law which establishes locally
designated Type I actions) because the Proposed Action is the enactment of a traffic
regulation; and
WHEREAS, Type II actions do not require any further enviromnental processing in
accordance with the provisions of SEQRA and WEQR,
NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS:
1. The Town Board of the Town of Wappinger hereby introduces for
consideration of its adoption proposed Local Law No. of 2009 in the
form annexed hereto; except as specifically modified by the amendments
contained therein, the Town Code as originally adopted and amended from
time to time thereafter is to remain in full force and effect and is otherwise
ratified, readopted and confirmed.
2. The Town Board hereby schedules a public hearing regarding the adoption of
the annexed proposed Local Law No. of 2009 for 7:00 PM on the 23r`1
day of November, 2009, and the Town Clerk is hereby directed to publish
notice thereof in the Town's official newspapers not less than ten (10) days
prior to said public hearing date.
3. The Town Board hereby directs the Town Clerk to act as follows with respect
to the proposed Zoning 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 General Municipal Law; and
C. To distribute a copy of this resolution, the annexed proposed Local
Law, and the public hearing notice to the Town of Wappinger
Planning Board for its review and recommendation pursuant to Section
240-112 of the Zoning Law prior to said public hearing.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
10/26/2009
The Resolution is hereby duly declared adopted.
HN 4MASTERSON, TOWN CLERK