2011-3242011-324
Resolution Introducing Local Law No. _, of 2011, Amending Chapter 230, Vehicles and
Traffic, of the Town Code, Prohibiting the Overnight Parking of Heavy Commercial
Vehicles on Town Roads in Residential Zoning Districts
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
September 26, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Paoloni.
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 overnight parking
of heavy commercial vehicles on Town roads in residential zoning districts (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 NYCRR (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 environmental 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 2011 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 2011 for 7:30 PM on the 24th day of
October 2011, 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:
the annexed proposed Local Law, and the
a. To serve a copy of this resolution,
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:
BARBARA GUTZLER, 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:
AYE
Dated: Wappingers Falls, New York
9/26/2011
The Resolution is hereby duly declared adopted.
*J,�NC. + STERSON, TOWN CLERK