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2011-2262011-226 Resolution Introducing "Local Law No. — of the Year 2011, Amending Section 230-46 of the Town Code Establishing Additional No Parking Areas" 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 June 13, 2011. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, Dutchess County has completed portions of the Dutchess Rail Trail as it passes through the Town of Wappinger; and WHEREAS, the Dutchess Rail Trail intersects both Maloney Road and Diddell Road, which are two designated access locations to the Rail Trail; and WHEREAS, the Dutchess County Department of Public Works (DCDPW) recommends that no parking zones be established on Maloney Road and on Diddell Road where they are intersected by the Dutchess Rail Trail; and WHEREAS, the DCDPW will install the signs which will subsequently be maintained by the Town; and WHEREAS, the Town Board hereby determines that it is in the interest of public safety and the best interests of motorists, pedestrians, bicyclists and the general public utilizing the Dutchess Rail Trail, or traveling on Maloney Road or Diddell Road, that parking be prohibited in the vicinity of Maloney Road and Diddell Road, where said roads are intersected by the Dutchess Rail Trail, and the Highway Superintendent concurs in this recommendation; and WHEREAS, the proposed Local Law establishing the no parking areas is a Type II action pursuant to 6 NYCRR 617.5 (c) (20) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for consideration of its adoption proposed Local Law No. of the Year 2011 in the form annexed hereto. 3. The Town Board hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (20) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Part 617. 4. The Town Board hereby schedules a Public Hearing on the proposed adoption of the annexed Local Law No. of 2011 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 11th day of July 2011, at 7:30 p.m. and the Town Clerk is hereby directed to post and publish the Notice of Public Hearing in the form annexed hereto. 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 ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT Dated: Wappingers Falls, New York 6/13/2011 The Resolution is hereby duly declared adopted. JrC. MASTERSON, TOWN CLERK