Roberti- Sokol Stipulation Barbara Roberti
From: Barbara Roberti
Sent: Monday, May 12, 2014 1:28 PM
To: Barbara Gutzler;AL ROBERTS(AROBERTS@VSRP.COM);Vincent Bettina
(ward2tow@aol.com); (BillBeale@aol.com); (mazkuz@netzero.net); Ismay Czamiecki
(ismayczamiecki@verizon.net); Michael J. Leonard
Subject: SOKOL, Old Post Road
Attachments: SOKOL DOCUMENTS.pdf
Attached are the documents to bath court stipulations. The 2006 document is not signed in our files. I checked with the
court today and Mr.Sokol paid$2,750 on November 15,2006 as part of the settlement with the town. I will be
following up with AI Roberts regardine enforcement and the town hoard pleasure
Barbara Roberti
Barbara Ppberti
ZoningA6minirmatOr
Town ofWappinger
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Wappinger Taffs,-'NY 12590
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JUSTICE COURT : TOWN OF WAPPINGER
COUNTY OF DUTC
HESS : STATE OF NEW YORK
THE PEOPLE OF THE STATE OF NEW YORK
STIPULATION
-against- SETTLING G ACTION
JOHN AND MINNIE SOKOL, CASE NOS.: 05020177-01
Defendants. 5020147-02-- -
WHEREAS, the above-named Defendants, JOHN SOKOL and MINNIE SOKOL are the
owners of two (2) separate parcels of real property, which are located and situate within the Town of
Wappinger, County of Dutchess and State of New York, as identified by Real Property Tax Grid
Numbers "6157-04-604495" and "6157-04-603472" — which two (2) parcels of real P P rty roe are
collective) known
y as 101 Old Post Road, Wappingers F
alis, New York 12590, and which two (2)
parcels s of real property Yare depicted on a portion of the
tax ma for
p the Town of Wappinger,er as has pp g s been
annexed and attached hereto, as Exhibit"A"; and
WHEREAS, the aforesaid parcels of real property have been previously determined to be
entitled to non-conforming use status under the Town of Wappinger's Zoning Code, Laws, Rules,
Regulations and Ordinances; and
WHEREAS, and pursuant to the aforesaid non-conforming use status, the aforesaid parcels of
real property permit the current multi-purpose
and mixed uses es of
i residential, commercial and
highway
Y
business occupancy to take lace thereon and
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WHEREAS, the Deputy Zoning Administrator and Code Enforcement Officer of the Town of
li Wappinger, SUSAN DAO, commenced the above-entitled action pursuant to the filing and service of a
I
i thirty-five (35) count criminal information that was affirmed on the 7 day of February, 2005 — a copy
of which has been annexed and attached hereto as Exhibit`B"; and
WHEREAS, the above-named Defendants, JOHN SOKOL and MINNIE SOKOL, by and
through their attorney, THOMAS F. VASTI, III, ESQ., having appeared in this action and having
entered a plea of not guilty to each of the thirty-five (35) counts of the subject criminal information; and
--
WHEREAS, the parties to the above-entitled action, by and through their respective attorneys
and legal representatives, have agreed to settle and to finally resolve all of the issues that have been
raised in such action, together with all of the issues that pertain to the Defendants' use and occupancy of
the aforesaid parcels of real property,
NOW upon p the mutual consent of the parties to the above-entitled action by g
and through their
respective attorneys and legal representatives,
,
IT IS HEREBY
STIPULATED
AND AGREED,AS FOLLOWS:
A.
The above-entitled action is hereby discontinued with prejudice, in accordance with the teems
and conditions of the instant Stipulation Settling Action; and
B. The subject parcels of real property rtY shall continue to enjoy non-conforming use status such
that the current multi-purpose and mixed perp e uses of residential, commercial and highway business that are
taking place upon the subject parcels at the present time, and which have been taking place thereon since
1958, shall continue to be pertnitted upon such parcels, until such time as either or both of the subject
parcels of real property are sold to any subsequent owner; and
C. Upon the sale of either or both of the subject parcels of real property, the non-conforming use
status of both such parcels shall terminate, such that the use and occupancy of both such parcels shall
conform to the zoned classification known as "Highway g y Bu smess" land use, which classification would
2
otherwise apply to the subject parcels but for their pre-existing and current non-conforming use status;
and
D. Prior to and/or at the time of the sale of either or both of the subject parcels of real property,
the Defendants and/or their agents, servants, heirs, successors and/or assigns, shall cause all aspects of
both such parcels to comply with applicable Zoning and Town Code requirements and permitted land
uses that pertain to the zoning classification currently known as "Highway Business" land use — which
such permitted uses are listed and described on a ten (10) page Schedule of Use Regulations for
illNonresidential Districts in the Town of Wappinger, a copy of which has been annexed and attached
hereto as Exhibit "C"; and
E. Upon the sale of either or both of the subject parcels of real property, the zoning
classification currently known as "Highway Business" land use, shall be the land use that shall apply to
both of the subject parcels of real property; and, the uses permitted upon such parcels shall be those uses
set forth on the annexed ten (10) page Schedule of Use Regulations for Nonresidential Districts in the
Town of Wappinger; and
F. From and after the date of the instant Stipulation Settling Action, the Defendants shall be
permitted to own, keep, store, maintain, use, repair and/or disassemble a maximum of twenty-five (25)
unregistered vehicles at any single point in time upon the subject parcels of real property. At the present
time, it is hereby agreed that the Defendants do not have more than twenty-five(25) unregistered
vehicles on the subject parcels, and that the exact number and type e of vehicles that are located thereon
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have been set forth on a list that has been annexed and attached hereto as Exhibit u Dne. This maximum
unregistered vehicle allotment shall apply to the subject parcels in the aggregate, not separately. This
limitation shall apply from and after the date of the instant Stipulation Settling Action, notwithstanding
any or all of the Defendants' prior uses of the subject parcels and notwithstanding the number of
3
unregistered vehicles that may have existed upon the subject parcels of real property at any point in time
during the Defendants' ownership
thereof The Defendants shall have the right t to remove and replace
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any of the current unregistered vehicles that are located on the subject parcels, provided that the
maximum unregistered vehicle allotment shall not be exceeded from and after the date of this
Stipulation; and
G. From and after the date of the instant Stipulation Settling Action, any and all unregistered
vehicles that shall be upon the subject parcels of real property must be screened from view of all public
road and ways; and, to that end, the parties hereby agree that fencing shall be erected and/or maintained,
using the same style of fencing that has been newly installed throughout calendar year 2005, (as
depicted in thephotograph that has been annexed and attached hereto as Exhibit "E" pursuant to a
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property y fencing diagram that has been annexed d attached hereto as Exhibrt " "
and
H. The Defendants shall have until August 20, 2006, to erect and place the requisite fencing in
conformance with the annexed property perimeter fencing diagram and, in conformance with the
requirements of the Town of Wappinger Building Department; and, if such deadline passes without
compliance, then the instant Stipulation shall be declared ed null d void and prosecution of thee instant
action shall resume. In addition, all fencing must be maintained in good repair from and after the date of
the instant Stipulation; and
I. From and after the date of the instant Stipulation Settling Action, both of the subject parcels
of real property must comply with the New York State Property Maintenance Code, as set forth in
Sections 101-108 and Sections 301-306, but with exception for Section 302.8, of the Zoning Code for
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the Town of Wappinger — copies of such sections of law having been annexed and attached hereto as
Exhibit "G"; and
4
J. Pursuant to a physical inspection of bath of the subject parcels by George A. Kolb, Jr.,
Director of Code Enforcement for the Town of Wappinger on February 15, 2006, it is hereby stipulated
and agreed by and between the Town of Wappinger and the above-named Defendants, subject to the
above terms, that the condition of both of the subject parcels of real property, (specifically including a
detailed count of all vehicles found to exist upon the subject parcels, as set forth herein in Exhibit "D"
hereto), was in complete and total conformity with the Town of Wappinger's Zoning Code, Laws,
Rules, Regulations and Ordinances; and
K. The instant Stipulation Settling Action specifically limits and restricts the non-conforming
ituse exception which applies to both of the subject parcels of real property; and
L. Upon agreement to the instant Stipulation Settling Action by each of the undersigned parties,
such Stipulation shall be presented to the Town of Wappinger Justice Court to be "SO ORDERED" by
the Hon. Carl S. Wolfson; and
I` reference, a co of the "SO ORDERED" Stipulation Settling Action shall be
i M. For future refere copy p g
provided to each of the undersigned parties and to the Zoning Department, Building Department and
Assessing Department for the Town of Wappinger.
Dated: ' 2006
Wappingers Falls,N.Y.
Defendant THOMAS F. VASTI III ES
JOHN SOKOL, Defe .Q
VASTI& VASTI,P.C.
Attorneys for Defendants
P.O. Box 656
MINNIE SOKOL, Defendant 1733 Main Street, (Rt. 44)
Pleasant Valley,N.Y. 12569
(845)/635-8866
5
GEORGE A. KOLB. SR. MARCO CAVIGLIA, ESQ.
Building Inspector& Director of Code Town Attorney for the Town of Wappinger
Enforcement for the Town of Wappinger 2610 South Avenue
20 Middlebush Road Wappingers Falls,N.Y. 12590
Wappingers Falls, N.Y. (845)/297-0044
(845) /297-6256
SO ORDERED:
_ — ENTER:
HON. CARL S. WOLFSON,
Town Justice
Town of Wappinger Justice Court
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STATE OF NEW YORK COUNTY OF DUTCHESS
JUSTICE COURT TOWN OF WAPPINGER
The People of the State of New York
INFORMATION
against
CPL 100.15
John and Minnie Sokol
defendant
I, Susan Dao, the complainant herein, am the Deputy Zoning Administrator, Code
Enforcement Official of the Town of Wappinger, with my office in the Town Hall, Town
- -- f-WappingeF2G++iddlebush-Road,-Wappinger, New-York;teing-duly -,-d--ep To €s _.
and says upon personal knowledge, except as noted on information and belief:
FIRST COUNT: That on June 7, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence In a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, In violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
SECOND COUNT: That on June 14, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
THIRD COUNT: That on lune 21, 2004, at 101 Old Post Road, In the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
FOURTH COUNT: That on June 28, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
FIFTH COUNT: That on July 5, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence In a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
SIXTH COUNT: That on July 12, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate -
offense.
SEVENTH COUNT: That on July 19, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
- offensebo not-n rahttamirtythe-fence-tt�a ruc ura y soun an in goo repair, and - -
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
EIGHTH COUNT: That on July 26, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
NINTH COUNT: That on August 2, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
TENTH COUNT: That on August 9, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
ELEVENTH COUNT: That on August 16, 2004, at 101 Old Post Road, in the Town
of Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
TWELFTH COUNT: That on August 23, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in structurally sound and In good repair. and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
THIRTEENTH COUNT: That on August 30, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
FOURTEENTH COUNT: That on September 6, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
FIFTEENTH COUNT: That on September 13, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
SIXTEENTH COUNT: That on September 20, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally soundandin
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense. -
SEVENTEENTH COUNT: That on September 27, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property,- in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
EIGHTEENTH COUNT: That on October 4, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
NINTEENTH COUNT: That on October 11, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTIETH COUNT: That on October 18, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
- - ----Maintertartce-Code,d-mtsdettreattar,portistrab a 6y a rine or three nundredand fif yam—
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FIRST COUNT: That on October 25, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SECOND COUNT: That on November 1, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-THIRD COUNT: That on November 8, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FORTH COUNT: That on November 15, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FIFTH COUNT: That on November 22, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305,1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fiftv
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SIXTH COUNT: That on November 29, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SEVENTH COUNT: That on December 6, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
--- --committed-the-oKertse-of-not-maintaming-the-fetfce-tr -a-strQctUraIT sound and-in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-EIGHTH COUNT: That on December 13, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-NINETH COUNT: That on December 20, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTIETH COUNT: That on December 27, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTIETH-FIRST COUNT: That on January 3, 2005, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence In a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense,
THIRTY-SECOND COUNT: That on January 10, 2005, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-THIRD COUNT: That on January 17, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FORTH COUNT: That on January 24, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FIFTH COUNT: That on January 31, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FIFTH COUNT: That on February 7, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence In a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
And the complainant further deposes and says upon personal knowledge, photos, and
Depositions that the commission by the defendant of the offenses charged in the
foregoing counts occurred under the following circumstances: While making an
inspection from the public right of way it was revealed that the fence is not being
maintained and property has a large accumulation of rubbish. Upon information and
belief, defendant was and Is the owner of the referenced property Grid # 6157-04-
604495, and as such was responsible for the conditions described: not maintaining
the fence in a structurally sound and in good repair, and having large accumulation
of rubbish throughout property, a continuing violation and the dates upon which
observed are June 7, 2004, June 14, 2004, June 21, 2004, June 28, 2004, July 5,
2004, July 12, 2004, July 19, 2004, July 26 2004, August 2, 2004, August 9, 2004,
August 16, 2004, August 23, 2004, August 30, 2004, September 6, 2004, September
13, 2004, September 20, 2004, September 27, 2004, October 4, 2004, October 11,
2004, October 18, 2004, October 25, 2004, November 1, 2004, November 8, 2004,
November 15, 2004, November 22, 2004, November 29, 2004, December 6, 2004,
December 13, 2004, December 20, 2004, December 27, 2004, January 3, 2005,
January 10, 2005, January 17, 2005, January 24, 2005, January 31, 2005, and
February 7, 2005,
FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASSI A MISDEMEANOR
PURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PENAL LAW.
Affirmed under the penalty of perjury
this 7" day of February, 2005
Susan Dao - Complainant
i
WAPPINGER CODE
- Schedule of Use Regulations
Nonresidential Districts
Town of Wappinger
(Conl'd)
Key:
PP = Pmrruca principal use
PA = Permitted accessory use
SPU = Special"a il.ec
Uistritls
Us., HB I MU I [IM ND I GR CC SC HO HD COP AI PI PUD'
Restaurant
Restaumnls.rotherplaeessemingfoodorbeverages, PP PP
including fast food establishments or drive-through
facilities,on a Int of at Icast 2 ceras
2esmurants or other plv..a serving food or beverages, PP PP PP rr PP PPHEW]
excluding fast-food cslaSe-hern6 and drive-IM1mugh
facilities
Sery
Personal si, ,Ineuuineof.for the such or but. Iirnec PP PP PI' PP PP PP rr rr
n
intoiperson,or theears such shaebutnot
limited to copy ccnlnrs,hairdmsscrs,shoemakers,
tailors or cleaners,serving the public directly,but
cxclodin laths. arlms
laundry or dry-cleaning establishments serving PP
cournmereiin businesses
funeral homes J§240-65 Pp PP Pp PP PP PP PP
Th.aters PP PP PP PP I PP I PP PP PP PP
Tattoo part.. 240-79 PP
Renoation-rad Ebterlaioment-Related
Health,escrciee orfimess clubs PP PP PP PP PP . PP SPU
Private,community or fmtemal revocation clubs(§240- SPU SPU SPU SPU SPU SPU I'U
6z
NOTES:
In cry on—id..6.1 district,no building.,premises shall be used and no building or group ofbuildings or pan of a building or structure shall be crecud,c. stmeled,adarged,alfmul,
.reoged,used or designed to be used,in whole or in part,except for one or more of the uses set forth below.Only those uses specifically listed as bring permit�'A shall be pcvailled:all olhcr
es shall be deemed to be prohibited.Accessory buildings or uses shall not be permitted on a lot without a permuted principal building or use.All uses are subjem to the regnire mals and
no.daions act forth in the..led aecbons(§).
'see§240-94 V
240 Attachment 22 09-01-2004
ZONING
240 Attachment 2
Schedule of Use Regulations
Nonresidential Districts
Town or Wappinger
I Ameaded 9-24-2001 by L.L.No.5-2001;2-D-2004 by I-L No.3-20041
Key:
PP = pertained principal use
PA = Promised accesanry use
SPU = Sp,retip"nottsc
Districts
Uaea' HB MU I IIM NB CR CC SC HO HO OP AI PI PUD'
Public cad si-Public
Buildings,structures and uses awned or Wooed by the PP PP pp PP pp PP PP PP PPP pr PP
Town of W.p,ingc,;buildings,touch.aadmscs of
any other om
govmentul early car cl
district,exuding
gan.gre and duo s
Places of warship,including rectory,pariah house and PP PP PP PP PP PP PP PP PP
religious school( 240-57
Private schools and collo cs Q 240-58PP PP PP PP pp PP P
Day-care ecnmers 240-66PP PP PP PP PP PP PP PP PP A PA PA
Libmrics,museums and an galledcs an lms with PP PP PP PP PP PP PP PP PP
fmmage on and pmcfical access to a primary or
collector mad as shown oa the Town Transporatien
Plan Map in the Town Comprehensive Pian
Olitt
ar Professional,banking,business,governmental or other pp Pr PP I PP PP PP --fF-T--FFT epPP pp
offices
Scientific msamh,engineering or design laboraturics, SPU SPU SPU PU SPU SPU
ovidedrminohuzardomassates a re roduced
Retail
Stores and shits teethe condactofranil business PP I'P 1 pl' PP PP Pr PP Pr
Craft and artisan studios andsho PP PP PP PP PP PP PP PP
NOTES:
'In any nonresidential dialect,no building or premises shall be used and ner building or group of buildings or part ofa building or structure shall beqq rued,constituted,enlarged,altered,
arranged,used or designed to be,used,in whole or in part,CxCCpt for one or mom of the uses act rortb bct..Only'base uses specifically listed as bcibg permince shall Lc Pcrmival;all odor
a sSLall be dccmeJ eche prohibi'ed.Accessory builJings or uses shall no'be permiled pnnlot withnula pamiled principal building or use
Alla, ..reanbjccuotbercgnirenncars suit
conditions set forth in the noted sections M.
'See§24039.
240 Attachment 2.1 09-M-20414
I
ZONING
Scharr id Use Regulations
NTown of
Dingerts
Town of d'd) ger
(CunPa)
Rey:
PP permitted Principal.,e
PA Pennotedaecca,cryum
SPU Sperial"nor use
Districts
Uses - IIB MU I HM I NB CB CC SC 110 I4D C P At PI PUD'
Recreation-and Entertainment-Related Cnnra
Conventional g.lfcatrses,plmh and prh(per 3) mW Spit Sr SPU SPU
and driving r
Municipal parks and playgrounds typically including PP PP I PP I PP PP PP PP PP PP PP PP PP
facilities such as tennis,basketball,hardball and
paddle tennis courts,baseball and soccer fields and
switching ools
Commercial recreation facilities 240-22 SPU SPU SPU SPU SPU SPU SYU
Enteaainmcnt tors U 240-76 SPU SPU SPU SPU SPU SPU SPU
Adult nscs(6 240.]5 pp
Metliaal
Hos ifals and clinics SPU SPU SPU SPU SPU SPU
Nursing hoursand allcmalive care facililics(5240- SPU SPU SPU SP
64
Veterinarian offices and commercial kenncts without pp #P#P
PP PP
outdoor ons(4 240.7 I
Vcicrmarian offices and commercial leads,with SPU
outdo.,-as 240-]I
p]rmin -Relatetl
Farm uses,including accessory farm produce stands, PP PP PP PP I'P PP PP PP PP P I'P PP
and ccnlmuscs 240-55
Teme oro o rduorsaleo( 2411-59 SPU SPU SPU SPU SPU SPU SPU
NOTES:
'In any nonresidential district,no building orpremises shall be tried andno building or gmnp ofbuildings of pan of.buildiegorsurcmresball her rod,eme,becod,enlarged,altered,
trangcd,used or designed to be used,in whole or in part,r.ccpt for one or uore.f the uses set faith below.Only those nscs specifically listed as berg permitted shall be permitted;all other
es shall be deemed to be prohibited.Accessorybuildiri,mosesshull Note permitted on a lotwitlanu it ,mined principal bor
uildingusc.Allns� are subject m flee re,tecetoonts and
conditions set forth in the noted sections(§).
aSce§240 39,
240 Attachment 2:3 09-01-7004
WAPPINGE2 CODE
Schedule of Use Regulations
Novresdential Dislrids
Town of WapPAuger
(Coned)
Key:
PP = Permitted principal use
PA = Permitted accessory use
SPU = Specialpo+mituse
Dintrins
Usas HB Md IAM IVB GB I CC i Sc I Ho HD COP AA PI PUD'
Manufaclurtu
P
Prialin laum, rintin and ubliwtion facilities PP PP PP PP P
SPU SPU PP
Manufacturing,fabricating,assembling,finishing or
irof cods 240-7H
Manufacturing,fabricating,finishing,assembling or SPU
mpalr ofpmduc6 for retail sale where goods so
produced or processed am to be sold me the Premima(§
240-70
Aeromulical
Mmers'al airports,maludng ancient saes ac rascals PP
and aviation-related Hight,ground and/or maintenance
school
Warehouse ane Ston e
Warehousing(not self-storage)on a minimum lot of2 pp SPU PP PP PP PP PP
SdGsmm,rental ameloceing on a minimum lot of2 SPU SPU IT
Contractor's lumbar supply yard and wholesale lumber SPU
satra 240-Og
NOTES:
'In any nonresidential district,no budding or pmmhes shall be mad and no building or group otbuildings or part ofa building or swctum shall be erected,coast used,enlarged,altered,
artangcd,uscJ or designed to be used,in wM1olc rx in part,cxmpt far one m more of the uses sct forth blew.Only those uses spccibrally listed as being pcmiucd hall be pennincd:al I other
uses shell be drsmedb Lc pmM1iMnxL Accessory building s or uses shall not prrnJBM onalot withoutpermiur.I principal building or uu All uses arc suhj to the requirGnents anJ
conditions Set forth in the noted sections(§).
'Sec§240-10.
240 Attachment 2:4 - m-m-moa
WAPPINGER CODE
Schedule of Use Regulations
Nm eesMeotiul 114triels
Town of Wappioger
(Candid)
Key:
PP — Permitted principal use
PA = Permitted accessory use
SPU = Special permit use
Districts
Uses' HD MU HM NR CD CC SC 110 HD COP At PI PUU'
Automotive
Repair purges(§24(Y70SPU SPU I SPU SPU i SPU SPU
Gasoline filling stations(§240-52) SPU I SPU SPU SPU
Motor vehicle sales establishments(§241 SPU - TTIIPpr�
Trans ation terminals on a minimum lot of 2 acre PP -
Vehicle rental service and storage to simxses IPP
Residential
D Homis and morels(§24U69) SPU SPU SPU SPU SPU SPU PU
I Conversion ofcxisting hmevisolel meong"'li" re SPU
li facility Added 1-26-1999 by LL.No.I-1999
N Dcd-and-bmakfnd cambdishrocnD 240-73) PP pp I PP PP Pp I PP 1 PP PP Pp
Homcoccu alions PA
Temporary housing unit(such as Elderly Cottage SPU
Housing Oppodunity)incidental to the Permitted
Principal use 24060
Conversion of certain existing large residential PPPP I
mSPU
shucmms m two-family or mnldboar,dweliinge(h
240-56
1-famil dwellingsnot to exceed 1 dwellingon each lot PP
The renting of moms to out mom than 2 persons who PA
not members of the resider[Tamil
Aeccsso iiaoams 240-53 SPU
NOTES:
1 In a1nonresidem6al district,no building or premises shall be,used and no building or group efboildings or part ofa building or structure shall be erected,consonaclud,calm9cc,altered,
ranged,used or designed m be used,in whole or in part,except for one or more of the uses set both below.Only those uses spcciGcally listed as beingsmpctm�md shall be permitted;all other
hall be dreed to be prohibited.Accev ory buildings or aces shall not be Permitted m a lot withus
out a permitted principal building or e.All uses me suject m Ibe requirements and
conditions set fool,in the noted sections(§}
'Scc§240-39.
240 Attachment 2-6 - 09-01-2004 f
F1k eslv4V:.fi Y -' '
-' ..uuuYrew 4..Mew.Yn@JaLGw1��NriedimmYaW+K4nb'm'S�Lr YWAYuti<. ..Y.uu.w 5u. .�+ce u...
ZONING
Schedule of Use Regulations
Non cridential Districts
Town of Wagging-
Key: egging-
Key:
PP = Pcrmiticd principal use
PA = Pcrmihed accessory use
SPU = special permrtnse
Districts
Uses kilo MU IIM NU I CU I CC i SC FHO HD OP AI PI PUDt
Warchooacand St one ConPd
Coahamor's olficc,storage and anti,ofconatmelion SPU PP pp PP
materials, ndsimsandcquipmcm,includingplumbing,
materials andsimilard equipment,
including plur
provided that any outdoor storage is suitably stlecaed
in accordance with§24D25D and mats all other
a licablc provisions or this chapter
Oaalom storageofI auto trailer,or 1 unoccupied PA
recreational vchicm,or oac haat,or one other single
vehicle other than licensed and regismred passenger
vehicles,provided each toiler,boat,or mikee single
vehicle is efectivcly screened from adjoining
properties.Such storage arca shall comply with all
minimum yard setback requiremems for buildings,but
in no case shall it be permitted in the front fund.
Outdoor smrage of more than one auto trailer, - SPU
occupied mobile home leader,boat,or other vehicle
other than licensed and mglsmred passenger vehicles,
provided such faders.boats,or other vehicles me
arrecon,to permitted use and arc effectively screened
from adjoining properties.Such smmge arca shall
comply with all minimum yard setback requirements
for buildings,but in no case shall x1mi be permitted
in the front yard.
NOTES:
'In any nonresidential dirrict,no building or premises shall be used and no building or group mUmildings or part are building or'Imemec shall ed erected,conshncted.cniargcd,altered,
,ranged,used or designed to be used,in whale or in part,except for one or mom of the uses set forth below.Only tbosc oscs.pccifical ly listed as b ing permitted shall be perm,god;all mike,
s'hal l be deemed to be prohibited.Accessory buildings or uses shall not be permitted on a lot without a pemitod principal buil ding or use.All sea are subject to the requirements and.
conditions sed fork in the nolo]sections t§}
'See§240-39.
240 Attachment 2:5 n9-111-2004
I
ZONING
i
Schedule of Use Regulations
Nonresidential Districts
Town of wvppinger
(Con d)
Key:
PP = Parodied Principal use
PA = Permitted aoocs ua,use
SPU = s ectal ectral use
Districts
Uses' M6 I MU Did ND GD CCSC 110 IID COP AI PI PUD'
Miud Uses
Grouping ofv0acbcd osdcmchWabnnares,containing PP PP SPU SPU SPU SPU
x ofrexnti
idcal dwelling..its and I or mre o01
the
following commercial uses:rattail sal v,personal or
business service establisbmetds,professional or
business offices and banks
Utilities
Sewage treatment plants or water supply facilities SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU
which arc not pad of a project approval,subject[p
Town board up,socat
Public utilities,including underground transmission SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU
and distribution lines,Serving the local arca only which
rc not pad or.needed approval,subject 1.Town
Dural a oval
Tdccommnnicoliaos,tawcrs,dre0uas and panel SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU SPU
unless service facilities[Amended?-?-1998 by L.L.
No.4-1990
Accessory Structures
Accessory radio rceciving/tmnsmittin6 strictures(J. PA PA 1'A PA PA PA PA PA PA PA MIA
240 22 Amcacd 2-7 1998 6 LL.No.4-1998Acccsmry smclinenrearving antennas(5240-28) PA PA PA PA PA PA PA PA PA PA Amcndit?-) 1998b L.L.No.4-1998Any accessory buildings or uses detail by the PA PA PA PA PA PA PA PA PA PA Plnmmny Doard to be customarily incidental tonfaluSinus 240.29 PA PA PA PA PA PAPA PAPA 402?.I PA PA' PA PA PAPA Pik PA PA PA
NO"IR'q:
n
4n n:ryn esidcntial disbicLno building., or s shall be used and no bnildfngmgronp ofbuildings or pmt ofa building or easur rc a11al be coed,cnnsinmteA.adargul,apemA,
arranged,rased or designedso be uscd,iu wick or itnspan,cecept for one or muni ofthc uses set foals below.Only[time uses spccihcnlly listed sbori,prousittu]sbnlibepaodual.all other
n iss shall be deemed to be pudbit.1 Accessory buildings or sacs shall..(be permitted on a los without n pranotted principal building or use. 11 uses mcsbjoc[io tl:c:up:iron�ds and
conditions set Gab in @c noted sections(§}
'see§24039.
240 Attachment 2:7 01-of-m04
ZONING
Schedule of Use Regulations
Nnnmidenfi.l llidries
'Town of Wappinger
(Conl'd)
Hey:
PP — Pclmired,nincipaluso
PA = Pencilled acccssory use
SPP = S reial rmitase
U'strict.
Uses' 116 MU FIM PER GR CC sSC 110 11 COP AI PI pill),
Mixed Use.
Gmupingofatiaebedordetaehedswemn:s,conminiog PP PP SPU SPU SPU SI'U
x of residential dwelling units and I or mane of the _
following com
mcrcinl uses:retail salts,personal or
business service-o blisbmcnts,professional or
business onices and banks
Utilities
Sewage heatencnt plants or water supplyfacilitins SPU SPU SPU SPU SPU SPU SPU SPU S U SPU SPU SPU
which ar not part of.pmjcet approval,subject to
Town Board a royal
Public utilities,including underground transmission SPU SPU SI'U SPU SPU SPU SPU SPU Spit SrU SPU SPU
and distribution lines,serving the local arca only which
are not part of a project approval,subject to Town
Boards royal
Tclttommunications,(.we.,antennas and personal SPU SPU SPU SPU SPU SPU SPU SPU S U SPU SPU SPU SPU
irelcss service facilities[Amended P?-1998 by LL
Na.4-1996
Accorro r Structure.
Accessory radio receivinghrnnsmi(ting structures(§ PA PA PA PA PA PA PAPA PA PA PA
240-22 Amcndcd?-1-19981, L.L.Na.4-1998
Accessory.arellimrccei,urgareenna.(4240-28) PA PA PA PA PA PA PA PA A PA PA PA
Y) Amended'-R-1998b L.L.No.4-1998
y \ Any acccssory buildings or uses determined by the PA PA PA PA PA PA PA I PA I A I PA PA PA
/ Planning Board to be cuslomanly incidcmal los
efmiuml use
Sig., 240-29 rA PA PA PA PA PA PA PA A PA PA PA
Terri r onslmclion and salts(milers 290-27.1 PA PA PA PA PA PA PA PA 'A PA PA PA PA
NOTES: c
�In any nunresidrnlial district,nu building or premises shall be used and no building or group ofluiliinge of pan ofn building or 4nmtor shall be reacted,conaln¢IC1l,enlarged,steered,
aranged,used ordesigned lobe used,in whole or in pan,cseept foriar ormoor ofthe uses set Rauh below.Only flow use..Pecifically li techs bringperuncd shall be peroubcd;all other
n ...haft be deemed m be prohibited.Acre-,buildings or uses shall not be poemitted on a lot ,hl out a permitted p,i..P.t building n
or Ise.All uses are subject to the men, opals and
conditions set forth in the reeled sections(§)f
'Sec§masa
- 240 Attachment 2:7 09-01-2004
i
WAPPINGER CODE
Scnednk of Use Regulations "
Nonresidentid Uiserkts
Town of W appinger
(CortPd)
Key:
PP = Permttt dprincipal use
PA = Perenined accessory use
SPU Spccial"srirwc
Vistriets
Uses 11B MU MIM N6 CB CC SC UO IfU COP Al PI MUD'
Miscith.a.s
Off-street parking facilities(Article X) PA PA PA PA PA PA PA PA PA PA PA PA
Fxmrimr li filin tS i40-23 PA PA PA PA PA PA PA PA PA 1'A PA PA
Bos sena siwn,rs PA PA PA Ph PA PA PA PA PA PA PA PA
Training
echo Vrfrce and fodostrph Park Usic
Training schools arpmemms for employees which arc PA PA PA PA
ekarly subosdinate and incidental to ncc'maincet
ilei al use
employe for 16,trmpera ncaccommodation of PA
kers
employees, ;pmrs mice in It.' ee por.
principal vac;Orovitled anew gross door arca
dctlicatca to such mac dms wl cxcend 5°/u ofthc Bross
floor arca wn the lot
Facilities fw dre fumishlog of food awl pensonnl PA PA PA PA
cisco items and services to cmployms and
Wa.w. isirwe,provided dantsuch facilities am not
open to the general public end aro].led within o
Wilding with no esterase evidence of such accessory
.so(is.,business sigo,share windrows,aapac to ,
cistron,,)
Rccfcaionul Cacililks for tem use ofgnplogces and PA PA PA PA i`A PA PA PA PA A PA
guests,pmyided that such fmeilities shell be a elcarly -
suhmdicide and integral part of the permitted principal
use
NOTES:
iln any nonuesiderniaf district,no building or premises shall be used and no building or group of buildings or part of a building or sumnuum shaft he c,WCd,co sturemd,collided,aporel,
arranged,used or dcsigncd to W mod.in whole or in pon,,xcc%for enc or ruin,of the vacs act fwrh below.Only Mhos,I.,s e'rif ally listed as being permilt�shag be pcsmincd;all enwr
usesshaubedeemedrobepmlubired.Accessory Lundie,or usesahalfnol he p.il.d on are,without a permihed,uhm,id buildingar rise All uses are slibj t b the"aurru'rts and
cmodteors set fount in the noted seniors M5
'Sc,t 24039.
240 Attachment 2:8 `j - --
ZONING
Schedule of Use Regulations
Nonresidential Districts
Town of Wappinger
(Coned)
Kcy:
PP PemtiDedpdncipaluse
PA = PermiuW a cessory use
SPU = Special permit use
Districts
Ums alR MU HM NR GR CC SC RO IID COP AI PI PUD°
Accuser,Reaidertht
Swimming winds or other aecessry mcreetional - PA
facilities for the use of the residents of the premises and
their guests 240-21E
Gardmnhouses,pool bmtama,playhousns or gremthnuama PA
neidured to the msiduntial use of the premises and not
operated for profit,provided that any such structure
complies with all yard and setback requiumants for
buildings
NOTES:
'In any nonresidential district,no building Or orams.shall he used and no building M group Ofbuddings or part of a building or structure shat be erected,construcmd,enlarged,altered,
rtengcd,used M designed to be used,in whop or,n pad,except for one Or mum of flim uses set forth below.Only those uses specifically listed is being permitted shall be permiucd;all other
s shall be deemed to bre prohibited_Accessory buildings or uses shall not be p—died oaa lot without a permitted principal building or use. ill uses are subject to the r Mocinenns and
nOaditions set WE in the ruled Se ions(§).
'Sce§24039.
240 Attachment 2:9 09-01 -2004
LIST OF CURRENTLY OWNED UNREGISTERED
VEHICLES LOCATED UPON THE REAL PROPERTY
OF JOHN SOKOL AND MEVNIE SOKOL
1. One Silver Dodge Caravan
2. One Purple-Violet Ford Falcon(1964)
3. One Ford Coachman Recreational Vehicle(1977)
4. One 1941 Red Ford Dump Truck
5. One 1964 Dodge Rambler
6. One Volkswagen bus, colored turquoise (Model Unknown)
7. One Ford Flatbed Dump LTruckl1941) _
8. One Gray Oldsmobile Cutlass Ciera(1986)
9. One Dodge Town Wagon(1958)
10. One AMC Ambassador(1964)
11. One Dodge Caravan(1989)
12. One Green Dodge Pick-Up Truck(1958)
13. One 1956 Cadillac (Model Unknown)
14. One 1958 Dodge (Model Unknown)
15. One 1958 Dodge (Model Unknown)
16, One Red Chevrolet Pick-Up Truck (1959)
17. One Front-End Loader& Back-Hoe (1963 Minneapolis Moline Model)
18. One Tow Behind Recreational Camper(1970)
19. One Chevrolet Commercial Van, Delivery Box Truck with`Bachman"printed on the
side, (Unregistered)
20. One Black Lincoln Town Car (1989)—located under yellow car tarp
21. One White Buick Special (1964)
22. One Plymouth Station Wagon (1968)
23. One Ford Taurino (1974)
24. One Super Sport, Large,Black, Industrial Tow Behind Trailer
25. One Chevrolet Pick-Up Truck, Model Custom Deluxe (1982)
REGISTERED VEHICLES
A. One Chevrolet Commercial Van, Delivery Box Truck with red"Bachman" lettering
painted on the sides, with N.Y.S. Plate No. "49246 JE".
B. One Converted Tow-beWnd box trailer, with N.Y.S. Plate No. "AR 2954".
kN
...... ...
255' 6034 �04
95
+41
Zo,�s�
- 269.4'
303[6'
CHAPTER 1
GENERAL REQUIREMENTS
SECTION 101 Rscentign, N n-r +•.d device,
" REOOIREMENTSq "
y t�sare oennihed P^beremnv d Q,dl hl d a 'd d i
e er .
n' 101.1 Title. These provisions shall be known as the Property
N Afaira/enonce Code ofA+ew Ymk Sfore and shall be 't d -h 1 Vn - d dee'ces e0ui enL a d sv ferns a. "
N
N z? w'II be re" d t h kSii tan code." tLm'tted to b d in it,IL= r
2. Nan-regpi red dev'c a
1011 Scope.Theprovisi0nsofrhiscodeshall apply told exist- perrninedto b-d = btdp ^'d dd [dll "bl y
---ingresidential�ndyronresidential-'s¢vcmresatfd-2t[-egCs tog e-r a -" -
eremsesendconstituteminimunrequiremevtsandstandards 3. Elec[deellvcham . d •�- 'p t d ys=r,_ y
ulinio vises,structures,equipmenq and facilities for light, ,c,- 2M42 ne6 h =B bl-d 'd d that h I
!ilaaon, space, heating, sanitation, protection from the ele- dscannectedfas and all is,blo eY"
menial life safety, safety from fire and other hazards,and for me is ruelilh9had as not beinuacrainauzed and u
safe and saaitatymaintenance;theresponsibility0fow¢ern,op- 4 Nnn-ree '.�df t t' t y
erators andoccupants;theoccupancy0femstingstrvctutesand bed bld ddt] t1p ' kl h n_n
promises; and foradmioistratieq enforcementand peures an
;+ I01.3 Purpose, This code shall be construed t0 secure its es- ^ t tcanov devices and similar 0 u,nme^! ^-^ re- N
pressedintenr,whichistoensurepublicheal[h,safetyandvvel- ved and aere 'nip Bible unipon-nus a reiii. Y
beled a= tic,c o - _e y"
fareinsofarasilt<ya.•e affectd by the continued occupwcyand a
b maintenance ofstructures and premises. 1023 Appfication of other codes.Repairs,additions or alter-
101.4 Severability. ICa
ations t0 a structure,or changes Of occupancy,shall be done in
section, subsec[io, sentence, clause accordance with the ma
a .n(;, I' hle procedures and pmrisi0ns of "
or phrase Of this code is,for any reason,held to be inconstitu- the Residential d rA y k Srto the Building Codel r"
tional such decision shall not allectthe validity of the remain- drew 101wcoadc the Piumbing CodepfNew YnrkS the Me- "
ing portions of this code, chaniml Cade Ifr k Scat, the Friel Gas CadesfNew v
York Stare the Fire Codef Vaw York S,
Or, d the
Coruery [in C by C d 7N Y k S r v
SECTION 102 102.4 Reserved. —
APPLICABILITY 102.5 Workmanship. Repairs,maintenance work alterations
or installations which are caused directly or indirectly by the
102.1 General. The provisions of this code shall apply to all enfarcemeot of this code shall be executed and installed in a
matters affecting or relating to structures and premises,as at workmanlikemarnerandinstalledin accordancewith this cod
e .
forth in Section 101. Where, in a specific case, different sec- end the manufacturer's installation instructions.
tions of this code specify different requirements,the most re- "
strictive shall govern. 102.6 Rei a
102.2 Maintenance. Equipmenq systems, devices and safe- code sli ll be those thatdare rlisted in Ghapter8 and considered
guards required by this code or a previous regulation or code Part Of cite requirements of this code to thepiescribed extent of
under which the structure orptemises was constructed,altered each such reference- Where differences occur between pmvi-
Orrcpaimd shall be maintained in good working order.The ra- sions ofthis code and the referenced standards,the provision
goxements ofthiscode are notietendedtoprovide the basis for Of this code shall apply. -
remove[ar abrogation offireprotec[ion andsafety systems and
devices in existing structures. Except as otherwise specified 702'8 Reserved.
herein,the owner or the owner's designated agent shall be re- 102.9 Other lam.a d F I f s Th p ftl' a
sponsible for the maintenance Of buildings, structures and shall not be dee d t yll fs.a, �1 I_�� N
premises. fderal laws a d I
ry
u 10221 E- fo q d
d
y Nheneo .._t, �y �� SECTION 103
v item ww d-- —pOut l 1 of t i an" CODE ENFORCEMENT OFFICE
e f N
d�de�io e t =ys[ 703.1 Gen eral.Ac'ry rewt village or counry•h t' _ Y
r condifo t l 3 f - tP i h f ble foradmhr h d f P n
N
sh II th =aft -w mair[ ' d ' d entofb acone<h 11c - y
nateacodeenfnrceme ta}f 1' d n
r w th tl = d d �nl' bl f dstandardsto[h PPI r
hle pini s o f oral law. a
r
PROPERTY MAINTENANCE CODE OF NEW YORK STATE
t
Jan U4 uo Uy:4aa lown vvappmger. oun
]07.]-304.A MINIMUM CONDITIONS
it,good condition. Exterior wood surfaces, other than deca, good repair,with proper anchomge and capable of;upoorting
resistantwoods.shall be protected from the elements and decay the imposed toads.
by painting or other protective covering or treatment.Peeling, 303.11 Chimneys and towers.All chimneys,ceo!ingro.vus,
risking and chipped pant shall be elimi¢aled and strrfaces re- smoke stacks,and similar appurtenim
ances stall be maained
painted.All siding and masomyjaints as wall as those between structurally safe and sound, z..d is good repair. All exposed
the buildineenvdopeand the perimeterofwindows,doors,and Structurally
solysafe andor sond, adshall be protectedpamtheelements
sill metalhts shalt be maintained ust or crresistant and water tight. surfacand against decay or rust by periodic application o.`weather-
All metaisurface s subject to rust or corosi on shalt be coated to
inhibitsuch rust and corrosion and all surfaces with rustorcor- coaling materials,such as paint or similar surface t:eatmea:.
rosion shall be stabilized and coated to inhibit future rust and 303.12 Handrailsandguards.Everyhandrailand euardshalf_
toMos 10n0xidation stair4 shall be removed from extailor sur- befonlyfag tared and capable ofsupporting normally imposed
Faces. Surfaces designed for s2bilizan.to by oxidation are ex- Loads and shall be maintained in goad condidan.
'mpr-frorntlus-requkemea, 30r3-.I"VkmdckYM9hran.door ames.IrvCry window,
[F1303.3 Premises identification. Buildings shall havesp- skylight,dooraad frame shall be kept in sound conditiem good proved address numbers placed in aposition to repair and weather right.beptainly leg- -'
ible and visible from the street or road fronting the property 303.13.1 Glazing.All glazing materials shall be maintained
These numbers shall contrast with their background. Address free from cracks and holes.
numbers shall be Arabic numerals or alphabet letters,Numbers 303.13.2 Openable windows.Every window,other thana
shall be a minimum of4 inches(102 mm)high with argummem, fixed window,shall be easily operable and capable ofbeing
stroke w idth of O5 inch(12.7 mm). held in position by window hardware.
E H a'Id'rei id
.iYf d under an Addrelilli,gscheme 303.14 Reserved. p
apart f tt id 9I I munberm, 303.15 Doors.All extenor doors,door assemblies andhood-
303.4 Structural members. All structural members shall be ware shall be maintained in good condirion. Locks at all ea-
maintained free from deterioration, and shall be capable of trances to dwelling units,room[ngunits sedgoesemems shall
safely supporting the imposed dead and Eye loads. tighbysecure the door.Locks onmeansofegress doors shallbe
in accordance with Section 7023.
303.5 Foundation walls.All foundation walls shall be main- 303.16 Basement hatchways. Every basement hatchway
rained plumb and free from open cracks and breaks and shall be shall be maintained to prevent the entrance 0frodents,rain and
kept in such condition so as to prevent the en try a fro dents and
other pests. r.surface drainage water.
303.17 Guards for bas ement windows.Everybasementwim-
303.6 Exterior walls. All exterior walls shall be free from cow that is openable shall be supplied with rodent shields,
holes, breaks and loose or rotting materials; and maintained storm windows or other approved protection against the entry
weatherproof and properly surface coated where required to ofrodems.
prevent deterioration.
303.7 Roofs and drainage. The roofand flashing shall be SECTION 304
sound,tightand not have defects that admit min.Roofdminage INTERIOR STRUCTURE
shall be adequate to prevent dampness or deterioration in the 304.1 General The interior of a structure and equipment
walls or interior portion of the structure.Roof drains,gutters therein shell be maintained in good repair, structurally sound
and downspouts shall be maintained in good repair andfree and in a sanitary condition.Every occupant shall keep that part
fromobsructions.Roofwam,shall not be discharged In a man- afthe struch:rewhich such occupant occupies or controls in
nor that creates a public nuisance. clean and sanitary condition.Every mvner of a srmthue con-
303.8 Decorativefeatures.All comites,beltcourses,corbels, tauunga rooming house,housekeepingunits,ahotel,adormi-
tonecortatnm, wall facings and similar decorative features tory,two ormore dweilingunits ortwe ormore nenreschtmial
shall be maioninelm goodrepairwith proper anchorage and in occupancies,shall maintain, in a clean and sanitary condition,
a safe condition. the shared orpublic areas ofthe suvcrure and exterior property.
304.2 Structural members.All structural members shall be
303.9 Overharg extensions.All overhang extensions includ- mzintainedstmeturallysound,and be capable ofsuppomng the
ing, but not limited to canopies, marquees, signs, metal aw- imposed loads.
nirgs,fireescapes,standpipes,andexha,stductsshall bemain- 304.3 Interior surfaces.All interior surfaces,indudingwin-
tainedingaed repair and beproperly anchored so as to be kept doweand doors,shall be maintained in good,clean andsaniiary
in a sound condition. Rrhen required,all exposed surfaces of condirion.Peeling, chipping,flaking or abraded paint shall be
metal or wood shall be protected from the elements and against repaired, removed or covered. Cracked de loose plaster,
decay s,Such et by paint r ic similplication treatment
heo-corting mate- decayed wood,and c0crdefectivesurrdce conditions shall be
rials,such as pain[or similar surface treatment
corzected.
303,10 Stairways,decks,porches and balconies.Everyexte- 304.4 Stairs and walking surfaces. Everysdir,ramp,land-
nor stairway,deck,porch and balcony,and all appurtenances ing, balcony, parch, deck or other walking surface shall be
attached thereto, shall be maintained structurally sound, in maintained in sound condition and good repair.
8
PROPERTY MAINTENANCE COOe oP Neva vrahr crerc
gar Ua Uo J` brla sown vvappinger+ cne enlor wv-earuora p.t
M'NIMUNI COND71ONS
, 344.5-306.s
304.5 Handrails and guards.Every handrailand guard shall 306.1 Owner.The owner ofsay shvcture shall be responsible
befimly fasten ed and capable ofsupperring normally imposed for extermination Within thestmcrure prior ecrenuag or leasing
loads and shall be maintained in good condition, the structure.
304.6 Interior doors.Every interior door shall ft reasonably 306.3 Single occupant The occupareofaone-familydwell-
wetlwithin its frame arid shall becapable ofbaing opened and ins or of a single-tenant nocesidenn-1 structure shall be
closed by being properly and securelyarached tojarl head- responsible for extermination on the premises,
ers or tracks as intended by the manufacturer ofthe attachment
hardware. 306.4 Multiple occupancy.The ownerofastructure certain-
ing two or more dwelling units,a multiple occupancy,a room-
SECTION305 ing house or a nonresidential soncture shall beresponsible for
- - -- AU884SH-AN6GAAt3A6E ZztenninatiemiW}ce-pubfieonharedsreas-ohhrstrvcture one -
305.1 Accumulation of rubbish or garbage. All exterior extariorpmperty.Ifinfestatin rincausedbyfailureofanoccu-
P ^rN d amiss. rd la 'nr of cy-stnecntrq pant to prevent such infesration in the area occupied [heoecu-
be free from any accumulation of rubbish or garbage. pan shall eresponsl6Te for extermination.
"r 105 7 t Dry vaireadrun. comflaxistiblat d refuse, 306.5 Occupant. The occupant of anv structure shall be re-
NCombus['blewaate fu dl eYeo cEC Fdrl� t Sponsihle farthe continued rodent and pest-free condition of
H
tlgl],wbighh fh ity t_6y'I�_g the structure.
v tures would alkistittic a fire hazard contribute t theException: where the infestations are caused b defects
gmad ffishall be removed
in the stricture,the owner shall beresponsibleforexcermina-
305.2 Disposal of rubbish.Every occupant of a structure shall tion.
dispose-fall rubbish in a clean and sanitary manner by placing
such rubbish in approved containers.
365.2.1 Rubbish storage facilities.The owner of every oc-
cupied
ocopied premises Shall supply approved covered containers
for rubbish,and the owner of be premises shall be responsi-
ble for the removal of rubbish,
r 305-2.2 Rf 'q Refr ilemtgrn and gimiler quinmenC
v shall not he al I acalded roar dsuasaadsaiiiesd
u mss ble t-chOdr 'th tft t g[h d
305.3 Disposal of garb age.Everyoccupantofastructureshall
dispose of garbage in a clean and sanitary manner by placing
such garbage in an approved garbage disposal facility or ap-
proved garbage containers.
305.3.1 Garbage facilities. The owner of every dwelling
shall supply one of the following: an approved mechanical
food waste grinder in each dwelling unit;an approved main-
eramr unitin the structure available to the occupants in each
dwelling unit; or an approved leakproof, covered, outside
garbage container.
305.3.2 Containers. The operator of every establishment
producing garbage shall provide,and at all rimes cause to be
utilized,approved leakproof containers provided with close-
fitting covers for the storage of such materials until removed
From the premises for disposal.
SECTION 306
EXTERMINATION
306.1 Infestation.All structures shall be kept free from insect
and rodear infestaeor..All structures in which insects or rodents
are found shall be promptly exterminated by approved pro-
cesses that willnot be injurious to human health.After exter-
ruination, proper precautions shall be taken to prevent tela-
. festation.
PROPERTY MAINTENANCE CODE OF NEW YORK STATE 9
LAW FIRM OF MARCO CAVIGLIA
2610 South Avenue
Wappingers Falls,New York 12590
Telephone: (845)297-0044
email:caviglialawQeartMlnkuet
Service by fax or email prohibited
ATTORNEY WORK PRODUCT - ATTORNEY CLIENT CONFIDENTIAL COMMUNICATION
September 27, 2006
TRANSMI I—TED VIA FACSIMILE AND MAIL (845) 297-0579
Mr. George Kolb
Ms. Tatiana Lukianoff
Ms. Susan Dao
Town of Wappinger
20 Middlebush Road
Wappingers Falls NY 12590
Re.: Town of Wappinger v. Sokol, John & Minnie
Our File No: 3000.0086Z
Dear George, Tania & Susan:
This is to confirm that trial preparation is scheduled for October 19, 2006, at 1:00 p.m., in our
office with Susan and Tania, concerning the above-captioned matter. Please be reminded
that the jury trial is scheduled for October 23, 2006 at 5:30 p.m.
Thank you.
Incer I ,
�Je_anGalloway
`Secretary
/jmg
Pale 1 of 1
George Kolb
From: Marco Caviglia [caviglialaw@earthlink.net]
Sent: Sunday, March 12, 2006 6:35 PM
To: George Kolb
Subject: Sokol stipulation
HIS
I reviewed the Vast i proposal, a copy of which I assume you have,
Of hou ohningp, h' n Id lonlern lin 1,I notethe follriwing and want yoirr nn t as soonas practicable
p 2, A - he is looking for complete dismissal of all charges with no consequences. I don't agree with this. If he
gets a walk on everything, substantial restitution may be In order. What does the Town get otherwise? The effect
of this agreement, as drafted, legitimizes anything questionable he has been doing and makes it stipulated as
legal. See my 10/21/05 letter to Vasti for details of my position at that time.
p3, D= I want compliance with then current zoning code, Including all regulations, PRIOR to the sale(i.e. closing)
with no wiggle room for post-sale compliance.
p3, E - the HB use will be the SOLE use for the parcels.
p3. F-this paragraph is disturbing. it not only permits him to store 25 vehicles, unregistered, but also allows hi to
disassemble them even if he is not repairing same. Later in the same paragraph, on p 4, he has the right to
replenish vehicles as he removes them. Do we want this? Think of the implications.
p4 - H -They must conclude the requisite fencing by Aug 20, 2006, Why so long? Also, if they don't we're right
where we started. Anyway, there should be an adjournment in contemplation of dismissal status as to the
charges, not outright dismissal.
Other: We should retain the right of inspection on the premises without need for administrative warrant or other
consent from the Sokols.
The ownership issue must be clarified. It seems to me that short of death, so long as the title holders do not
change, the offspring could come in and do whatever they want so long as within the nonconforming use which
the agreement states has never changed, which is not a correct representation of fact.
Anyway, let me know. I want to report to the Town Board asap,which can not be before Tuesday, but soon
thereafter.
Marco Caviglia
cdyig jalaw(@earthlin k.net
Why Walt? Move to EarthLink.
3/21/2006
V_\STI &VASTI, P. C.
TH01L�S E V6TI,JR. Attomeys& Counsellors At LaxFIRM WEBSITE:
THOxsS F ViSTI, III* POST OFFICE Box 656 '.......stilax'.Com
-4.1s,Qam�,edmme 1733 blab STREET, (ROL- E 44) Frau E-NLML:
sage oteonneerceu�ona PLEAS. .N'T VALLEY, NY 12569-0656 WPCCavastilaw rom
m,ne C'S Supreme Coun
TELEPHONE: (845)/635-8866
March 1, 2006 Fkx; (845)/ 635-8807
Marco Caviglia, Esq.
10 Soaffi Am
Wappingers Falls,NY 12590
Re: People v. Sokol
Our File No.: 05-1228-002
Dear Mr. Caviglia:
In furtherance of our settlement negotiations, enclosed please find a copy of my clients'
proposed Stipulation Settling Action, together with all of the exhibits that have been referenced
therein.
By way of a copy of this letter, I have provided a copy of the enclosed Stipulation to George A.
Kolb, Jr.,for his review, comments and anticipated approval.
Please advise as to any problems, questions or concerns which you may have with regard to the
enclosed Stipulation.
Very truly yours, '
By.
THOMAS F. PASTI,III, ESQ.
TFV3/sg
Encl.
Cc: Mr. and Mrs. John Sokol—w/enct.
George A. Kolb, Jr. —w/encl.
mssaoasos-ive.00s¢oR.moraec.,>Gvmuewa p�po.m s�@ orsm.�.wa ao�
TOWN OF WAPPINGER
BUILDING INSPECTOR SUPERVISOR
GEORGE A. KOLB JR. JOSEPH RUGGIERO
DEPUTY BUILDING INSPECTOR TOWN COUNCIL
SALVATORE MORELLO III VINCENT BETTINA
MAUREEN McCARTHY
0 JOSEPH R PAOLONI
BUILDING DEPARTMENT ROBERT L.VALDATI
20 MIDDLEBUSH ROAD
WAPPINGERS FALLS,NY 12590-0324
(845)297-6256
FAX:(845)297-4558
2/15/06
To: Thomas F. Vasti, III -
P.O. Box 656, 1733 Main St.
Pleasant Valley N.Y. 12569
Re: Sokol (Fencing Description)
,Dear Mr. Vasti,
As of our conversation at the court hearing on 2/14/06 you have asked my department to
describe the extent of the fencing used to screen the vehicles described in the agreement.
I have provided a verbal description as well a map of the property to show where the
additional fencing will need to be installed and maintained. Please forward any
agreements to the attorney to the Town of Wappinger and this office for review as soon
as possible. Review will need to be done well ahead of the March court date for possible
closure to this matter. Description is as follows:
1. All vehicles that we described in agreement that are unregistered must be
screened from all public ways i.e.public roadways etc.
2. Some fence has been installed to date as noted.
3. Additional; fence must be installed on or before August of 2006 to the acceptance
of this office.
4. All fence must be 6 feet in height and needs to screen vehicles from public view,
all fencing must be kept in generally good repair.
I hope this is sufficient information for your review.
Please contact this office with any questions on this matter.
Sincerely,
eorge A. Kolb JR.
Direct
or of Code Enforcement
VASTI &VAST], P. C.
Tflouis F V6H,JR. Attornns& COIUlSf11,,,At Lax' FILM WEBSITE:
THO\Ljs F.V.ASTI, ❑I° POST OFFICE BOX 656 "U.Vastila .com
�.aao ad-,� d m M, 1733 MN STREET, (ROUTE 44) FitOi E-bl.uL:
dale afCo....I-a—d PLEASANT V{LLEY, NY 12569-0636 - VVPC@VaStdaweom
in the US.Supreme Court
TELEPHONE: (845)/ 635-8866
February 15,2006 F:x: (845)/635-8807
Via Facsimile @ 297-0579 and Regular Mail
Mr. George A. Kolb, Jr.
Town-of-Wappinger°Buitding-Departme --
20 Middlebush Road
Wappingers Falls,NY 12590
Re: People v. Sokol
Our File No.: 05-1228-002
Dear Mr. Kolb:
Pursuant to the understanding that was reached at Court yesterday evening, please accept this
letter as formal confirmation of my request for the following information.
1. A representative sample of color photographs that depict the new fencing that has been
erected by Mr. and Mrs. Sokol during calendar year 2005;
2. A sketch drawing that provides the exact location as to where you wish Mr. and Mrs.
Sokol to complete the installation of perimeter fencing so as to screen all unregistered
vehicles from the public highways; and
3. The date that you wish me to recite within the Stipulation as to when you inspected the
Sokol's property and found same to be in compliance with Town Code requirements,
(subject to the completion of the perimeter fencing installation).
As we discussed, it is my intention to incorporate all of the foregoing data within the subject
Stipulation of Settlement.
Thank you for your time and continuing cooperation.
Very truly yours,
THOMAS F. VA I, III, ESQ.
TFV3/sg
Ce: Marco Caviglia, Esq. — Via Facsimile @ 297-5385 and Regular Mail
I\FILES\R005\OS-ILA-0@\CoeeerpoMenuIXOLB aqualing'x6lai41p of Smle 3-IMSEeo
LAW FIRM OF MARCO CAVIGLIA
2610 South Avenue
Wappingers Falls, New York 12590
Telephone: (845)297-0044
e-mall'.caviglialaw@earlhllnk.net
Service by fax or email prohibited
October 21, 2005
Thomas F. Vasti, III, Esq.
Vasti & Farley, P.C.
1733 Main Street (Route 44) _
PO Box 656
Pleasant Valley, New York 12569
Re.: Town of Wappinger v. Sokol, John & Minnie
Our File No: 3000-0086Z
Your File No: 050244
Dear Mr. Vasti:
This is to acknowledge receipt of your letter dated October 18, 2005 and to clarify certain
points.
With regard to the conclusion of this matter, while it is obviously dependent upon satisfaction
by the Town that the property comes into compliance, this is not to suggest that the existing
counts or violations against the Sokols will be dismissed. Their efforts have been successful
in deferring us from filing additional charges to those already filed only.
With regard to the nature of the vehicles, regardless if they number fewer than twenty-five on
the property, the condition of these vehicles is important. Photographs that I observed of
vehicles on the property show that they have long since been abandoned as junk. While this
may not be true of all the vehicles, one of the reasons Mr. Kolb shall be inspecting the
premises is to determine the nature of the vehicles. If they are junk, your client cannot
maintain a junkyard and must remove these vehicles. You may recall, and certainly your
client will, that when the stipulation was executed, it was clear that the stipulation
contemplated operating vehicles as apparently he repaired serviceable vehicles and sold
them as used automobiles. In the decades since, as Mr. and Mrs. Sokol explained to me
when we met prior to your retention as counsel, his debilitating health and circumstances
obviously precluded him from continuing that type of business. Unfortunately, he allowed
these automobiles to collect and deteriorate, as well as allowed his entire property to
deteriorate. I point all this out only to avoid any subsequent confusion on your part.
A determination by the Town as to whether or not your clients are in complete compliance
Thomas F. Vasti, III, Esq.
October 21, 2005
-2-
would only be issued after I have had an opportunity to review all of the findings by Mr. Kolb
and his staff in determining what type of disposition we may offer to your client under the
circumstances. Obviously, his continued cooperation is important and recognized by us,
which has deferred any prosecution for additional charges and postponed any trial on this
matter.
In any event, rest assured that once I have a complete report from Mr. Kolb, I shall certainly
wish to speak to you prior to our next Court appearance date of November 15, 2005.
Sincerely,
Marco Caviglia
MC:jmg
cc: Mr. George Kolb
Tatiana Lukianoff
Thomas F.yarn, III
OTre 3 Iq$c
Michael P. Farley jillfan Freese
orco.... Aaron Goings
Thomas F.Vasil,jr.
Colleen Goings
Damon l'elardi
Law Office of Vasri & Farle}. , P C. Susan Glenn
Barbara Rugar
October 18, 2005
Marco Caviglia, Esq.
2610 South Road
- Wapl1TBer&-Faalls-,NY-12-590 -
RE. Our File: Sokol— Town of Wappinger v.
Our File No.: 05-1228-002
Your File No.:300-0086Z
Dear Mr. Caviglia:
Kindly accept this letter as a formal response to your letter dated September 15, 2005, and as a
summary of the events that took place before the Town of Wappinger Justice Court on Tuesday,
October 11, 2005, at 5:30 p.m.
Before the above-referenced matter was formally called before the court, you were kind enough to
introduce me to George A. Kolb, Jr., who is the Building Inspector and Code Enforcement Officer
for the Town of Wappinger. You informed me, that the fmal conclusion of this matter will be
dependent upon Mr. Kolb's satisfaction with the condition of the Sokol's real property, located at
100 Old Post Road, Wappingers Falls, NY 12590, as same is governed by a specific Stipulation of
Settlement, dated February 28, 1990, and/or any and all prior stipulations and/or agreements and/or
documents of record.
During my meeting with Mr. Kolb, I provided him with a copy of the above-referenced Stipulation
of Settlement, and with a copy of a two-page file memorandum that I dictated on July 22, 2005 and
which I marked as revised and updated on October 11, 2005. I provided copies of the aforesaid
documents to you, and to my client while we were all in the presence of Judge Kitchen.
The aforesaid file memorandum detailed a complete list of all of the motor vehicles that were found
to be located on my clients' property, during a joint conference that was held at the home of John
and Minnie Sokol. Mr. and Mrs. Sokol, and Wanda McCarthy, (who is the daughter of Mr. and
Mrs. Sokol), and Town of Wappinger Deputy Zoning Administrator, Susan Dao, and myself, were
all present at the joint conference which was held on Thursday,July 21, 2005. Pursuant to the terms
of your letter dated September 15, 2005, I revised that file memorandum by striking out all of those
vehicles that have been removed from my clients' property. The resulting list, shows that there are
25 vehicles located on the property as of October 11, 2005, with three more vehicles to be leaving
in a relatively short period of time. Once the Town of Wappinger authorities inspect my clients'
Property, you should be able to confirm that my clients have achieved complete compliance with
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srork c.,,« ,- Fzlcpho re Nos.. 845-6358860 8,845-635-8866 F. Noss 845-6302939 & 815-635-8805 arir,.111111"
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Telephone No.: 843-896-7077 Faa No.:843-896-7079 `
the terms of the aforesaid Stipulation of Settlement, which grants my clients the right to maintain
between 15 to 25 vehicles that are registered and/or unregistered on their home-site. (I note, that
said Stipulation is not fully dispositive as to whether the number of 15 to 25 vehicles is the actual
number of vehicles that my clients are allowed to maintain on their property. If you read the
aforesaid Stipulation, you will see that at paragraph 4 on page 2 of the Stipulation, said Stipulation
was not meant to either limit or expand my clients' non-conforming use of the property or to limit
or expand the number of vehicles that my clients are entitled to keep upon the property. Instead, the
Stipulation merely made reference to the fact that there were between 15 and 25 vehicles on my
clients' property, and that the presence of that number would not in any way, shape or form be
construed as a violation of my clients' non-conforming use zoning status.)
—Tuna di io' n a k tia you a ow setter to serve to confirm that my clients have made significant
efforts with regard to the removal of scrap metal and wood piles on their property, and now feel that
they are within compliance of all prior authorities' directives with regard to same. furthermore, my
clients have invested a significant amount of time, money and materials in the erection of a new and
extremely aesthetically pleasing privacy fence that lines the Route 9 border of their property. We
believe that these efforts further comply with all prior directives of local authorities.
Accordingly, it was agreed before Judge Kitchen, that Mr. Kolb would be contacting my clients to
make a further appointment at their home-site, so as to verify the accuracy of my revised file
memorandum and the exact condition of my clients' property. It is my hope and understanding,that
if this next home-site inspection is concluded in a satisfactory manner, you will be contacting me at
my office to discuss final settlement and case resolution terms.
If any of the terms of this letter are in error, please advise immediately so that we may discuss same
before we return to court at 5:30 p.m. on November 15, 2005.
Awaiting your response, I remain ...
Very truly yours,
By:
THOMAS F. VASTI,III, ESQ.
TFV3/sg /
cc: George A. Kolb `r
Mr. and Mrs. John Sokol
16LLE5'1005\05-1 P'S N!!Co sP,,dma!CAVIGLIA 9�15 rvmmary ewnY 10.11.05 Eoc
MEMORANDUM
TO: FILE
FROM: TFV3
RE: People v. Sokol
Our File No. 05-1228-002
DATE: July 22, 2005
On Thursday,July 21, 2005, I attended a conference at the home of John and Minnie Sokol, located
Off of Route 9 in the Town of Wappinger. Present at the conference were Job and Minnie Sokol,
as well as their daughter, Wanda McCarthy, myself, and the Deputy Zoning Administrator for the
Town of Wappinger, Susan Dao. A full inspection of the exterior of the premises was had, and
Susan Dao and I maintained notes of this meeting, as well as a list of all of the vehicles on the
property. Although I did not bring a camera,Ms. Dao did have a digital camera that she uses from
work and she probably took in my estimation, close to 50 digital color photographs.
�The following is a list of the vehicles that are located on the property: e
�f /ict CI * e JA yellow Plymouth Fury.yry�
A silver Dodge Caravan.
A brown Ford Mustang— 1975 or 1976. (�V
Doi�j A brown Ford Mustang— 1975 or 1976, (this car is almost identical to the other brown
Mustang). -
5. A 1964 purple/violet Ford Falcon.
6. A 1977 Ford Coachman recreational vehicle.
7. A converted,tow behind box trailer, registered with NYS Plate AJ 12954.
8. A 1982 Chevrolet Pick-Up Truck,Model Custom Deluxe, registered with NYS Plate
61273—JF,
9. A 1941 red Ford dump truck.
10. A 1964 Dodge Rambler.
a v+0 An unknown model number,light blue Ford.j0A
12. A Volkswagen bus, color turquoise.
IA 1941 Ford flatbed dump truck.
15.
4� A 1986 silver Toyota Corolla.
r� A 1986 gray Oldsmobile Cutlass Ciera
pe})E.v A 1986 Ford Escort wagon, color gray.to
17. A Chevrolet commercial van, delivery box truck with red Bachman lettering on the side,
Plate No.NYS 49246-JE.
18. A Chevrolet commercial van, delivery box truck with Bachman on the side,no NYS plate.
l ,� A 1970 Oldsmobile tow behind recreational camper.
pu{J(?�?��') A 1989 Lincoln Town Car,color black, located under a yellow car tarp.
1
21. A 1958 Dodge Town Wagon.
22. A front
r and back hoe, approximate age of 1963, approximate make and model is
a.Minneapolis Moline.
23. A 1964 AMC Ambassador.
24. A 1974 Ford Taurino. —1 L`arihA .Sa i
25. A 1989 Dodge Caravan.
26. A 1958 green Dodge pick-up truck.
27. A 1956 Cadillac,model unknown.
28. A 1964 Buick Special,color white. 1 uN,,,,, AT 7, D„{.�,
29. A 1968 Plymouth station wagon. --r .err„ Gu..• AL
30. A 1958 Dodge, unknown model
"3Y_Another 1958 Dodge, unknown model.
32. A 1959 Chevrolet pick-up, color red.
A Honda motorcycle. ryµttao
Another Honda motorcycle. y.Att4*
Super sport black large industrial tow behind trailer,this is a registered vehicle, but I was
unable to see the plate number because it was backed up against something that blocked the
plate from view.
TOWN OF.WAPPINGER APPEARANCE TICKET N° 00675
CODE ENFORCEMENT C.P.L. 150.10
Tp k -' YOVAREHERE�Y NOTIFIEDTOA PAR P[RCO LY Ni11E
T l ill Y, w m5 'C
y
JUSTICE COURT,TOWN OF WAPPINGER
Hit Try no to A
20 MIDDLEBUSH ROAD
t � WAPPIINGERS FALLS, NY 12590
« ih I
ON Y' AT I afe�M
11
COMMITTED NTWWN OF WAPPINl1iR —T EL
EL
PRE RRA NMENT BAIL
PRF ,j/ /� / ! ti y AN OFFENSE
ARflgIGNMENT RAIL IS FIXED IN TH[FOLLOWING
ER NEW YORK..AT p
AMOUNT_ _RECEIPT WHEREOF Z
IS HEREBY ACKNOWLEDGED AND THE PERSON ARRESTED HEREIN IS
RELEASED FROM CUSTODY TO APP RAS HEREIN DIRECTED.
4 M. Q
IN VIOLATION OF SECTIONCTION , J d j gt"SIJS DIVISION
IV PROVISION I DIE SAIL IS IONOMED OFFICIAL NOTICE: ACCEPTING BAIL MUST FILL OUT COMPLETE TICKETOF THE ili /fail
• AFTERH ING .,
ISSUED THIS' 'DAY OF u IX 20 Lrj
ITIpRREp
T _
ANN A_ �L'I ) !. ) I{
OFFICER S SIGNATURE OFFICERS SAKE FERINT)
NOTICE: DISPOSITION:
UPON YOU RE TO gPPEAq AS ABOVE DIRECT ED,A CRIMINAL SUMMONS OR A WARRANT FOR YOUR ARREST MAY DE ISSUED.
Backeround Information
John and Minnie Sokol
101 Old Post Road
June 7.2004 An inspection was made of the property and found
the fence is not being maintained structurally sound or in
good condition, and has a large accumulation of rubbish
throughout property.
Pictures were taken. OTR sent.
----AgaEff
9,-2004 Pictures were taken.
December 30.2004 Letter from Mr.Caviglia to Mr. Sokol.
January 10, 2005 Mr. Sokol came into the office with letter requestingsix
month extension.
January 13,2005 Pictures were taken.
February 8, 2005 Posted Ticket and took pictures.
STATE OF NEW YORK COUNTY OF DUTCHESS
JUSTICE COURT TOWN OF WAPPINGER
The People of the State of New York
INFORMATION
against
John and Minnie Sokol CPL 100.15
defendant
I, Susan Dao, the complainant herein, am the Deputy Zoning Administrator, Code
Enforcement Official of the Town of Wappinger, with my office in the Town Hall, Town
- ---of-Wappinger-20-M'rddlebush Roa"appinge -New-York–trein -da ----
g� ly-sworirdepa�€s--- -
and says upon personal knowledge, except as noted on information and belief:
FIRST COUNT: That on June 7, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
SECOND COUNT: That on June 14, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
THIRD COUNT: That on June 21, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
FOURTH COUNT: That on June 28, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
FIFTH COUNT: That on July 5, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
SIXTH COUNT: That on July 12, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
SEVENTH COUNT: That on July 19, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
._.____...—offense Lnot-maintaining-the_fence-4n- structuwlly-sound-and-in-geod-repair-and---- - -
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
EIGHTH COUNT: That on July 26, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
NINTH COUNT: That on August 2, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
TENTH COUNT: That on August 9, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
ELEVENTH COUNT: That on August 16, 2004, at 101 Old Post Road, in the Town
of Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
having large accumulation of rubbish throughout property, in violation of Chapter 3,
Sections 302.7 and 305.1 of the New York State Property Maintenance Code, a
misdemeanor, punishable by a fine of three hundred and fifty dollars ($350) to be
recovered with cost, with each week a violation remains constituting a separate
offense.
TWELFTH COUNT: That on August 23, 2004, at 101 Old Post Road, in the Town of
Wappinger, County of Dutchess, State of New York, the defendant committed the
offense of not maintaining the fence in a structurally sound and in good repair, and
NINTEENTH COUNT: That on October 11, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTIETH COUNT: That on October 18, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
----Maintenance-Code, a misdemeanor,-punishable-by-a-fine-of-three-hundred- r,6-fifty -- - -.
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FIRST COUNT: That on October 25, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SECOND COUNT: That on November 1, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-THIRD COUNT: That on November 8, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FORTH COUNT: That on November 15, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-FIFTH COUNT: That on November 22, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SIXTH COUNT: That on November 29, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-SEVENTH COUNT: That on December 6, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed Ah�ffense-o£naL=mtainiagthplence_in. —%tmctucatLys=nd-and r, —
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-EIGHTH COUNT: That on December 13, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
TWENTY-NINETH COUNT: That on December 20, 2004, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTIETH COUNT: That on December 27, 2004, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTIETH-FIRST COUNT: That on January 3, 2005, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-SECOND COUNT: That on January 10, 2005, at 101 Old Post Road, in
the Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-THIRD COUNT: That on January 17, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FORTH COUNT: That on January 24, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FIFTH COUNT: That on January 31, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and nifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
THIRTY-FIFTH COUNT: That on February 7, 2005, at 101 Old Post Road, in the
Town of Wappinger, County of Dutchess, State of New York, the defendant
committed the offense of not maintaining the fence in a structurally sound and in
good repair, and having large accumulation of rubbish throughout property, in
violation of Chapter 3, Sections 302.7 and 305.1 of the New York State Property
Maintenance Code, a misdemeanor, punishable by a fine of three hundred and fifty
dollars ($350) to be recovered with cost, with each week a violation remains
constituting a separate offense.
And the complainant further deposes and says upon personal knowledge, photos, and
Depositions that the commission by the defendant of the offenses charged in the
foregoing counts occurred under the following circumstances: While making an
inspection from the public right of way it was revealed that the fence is not being
maintained and property has a large accumulation of rubbish. Upon information and
belief, defendant was and is the owner of the referenced property Grid # 6157-04-
604495, and as such was responsible for the conditions described: not maintaining
the fence in a structurally sound and in good repair, and having large accumulation
of rubbish throughout property, a continuing violation and the dates upon which
observed are lune 7, 2004, June 14, 2004, June 21, 2004, June 28, 2004, July 5,
2004, July 12, 2004, July 19, 2004, July 26 2004, August 2, 2004, August 9, 2004,
August 16, 2004, August 23, 2004, August 30, 2004, September 6, 2004, September
13, 2004, September 20, 2004, September 27, 2004, October 4, 2004, October 11,
2004, October 18, 2004, October 25, 2004, November 1, 2004, November 8, 2004,
November 15, 2004, November 22, 2004, November 29, 2004, December 6, 2004,
December 13, 2004, December 20, 2004, December 27, 2004, January 3, 2005,
January 10, 2005, January 17, 2005, January 24, 2005, January 31, 2005, and
February 7, 2005.
FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS/ A MISDEMEANOR
PURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PENAL LAW.
Affirmed under the penalty of perjury
this 7`" day of February, 2005
------ —us san Dao- Comp ainan — -�-
LAW FIRM OF MARCO CAVIGLIA
2610 South Avenue
Wappingers Falls,New York 12590
Telephone: (845)29]-0044
e-mail:caviglialaw@earthlink.nel
Service by but or e-mail prohibited
December 30, 2004
--Sohn-H.-and-MinnieSokol
100 Old Post Road
Wappingers Falls, NY 12590 ,
Re.: Town of Wappinger v. Sokol, John & Minnie
Our File No.: 3000.0086
Dear Mr. & Mrs. Sokol:
This is to confirm our discussion on December 29, 2004 with regard to the condition of your
property leading to past service upon you of an order to remedy. We discussed possible
methods of remedying the condition of your property which has deteriorated into a de facto
junkyard.
At this time, notwithstanding the stipulation which exists, you have well in excess of that
number of permitted vehicles on your property as well as various debris and apparent junk
which has lead to numerous complaints to the Town.
In our discussion, you advised that prior to January 8, 2005, you will have communicated
with various metal scrap dealer to see if they will remove automobiles and various metal junk
on the premises. Based upon that information, the removal of the aforesaid vehicles and
junk would be scheduled. In addition, if such removal required a period of time, then
depending upon the reasonability and your adherence to such schedule, the Town would
postpone any citations for violations.
In our discussion, you also advised that a number of vehicles on the premises are
considered by you to be antiques which you would prefer to repair and sell or sell outright as
same, although none of them is in operable condition or registered. However, as part of this
accommodation, it was agreed that if the Town is willing to proceed with a scheduled
removal, then the current stipulation in force between you and the Town that allows you up to
twenty-five vehicles and pallets to be stored on the property would be modified to
approximately ten vehicles. This would allow you to retain the better vintage vehicles which
you would like to repair/sell.
Page 2
December 29,2004
Sokol,John 8 Minnie
With regard to an oil tank, you said that it is fully functional and that you shall be connecting it
to your home in the immediate future. A date will have to be establish for that in lieu of
removal from the property.
Subsequent to our meeting, I conferred with Tatiana Lukianoff, the Zoning Enforcement
Officer. She has stated that any accommodation for removal in lieu of immediate
prosecution will require your repairing the fence and erecting some other fence to prevent
seeing any un-removed items while they are still there. In other words any of the your
_ _-storage areas for the items that are presently in your yard, will have to be screened as soon
as possible.
At this time, the property has not been inspected for any property maintenance issues,
although that may have to be done as part of this process. If other problems arise, those will
have to be dealt with as well. In order to coordinate and establish a schedule, please direct
any further communication and/or correspondence regarding this to Ms. Lukianoff at Town
Hall. This includes the communication regarding removal by a scrap metal dealer on or
before January 8, 2005.
Sincerely,
Marco Cavigll; q.
MC/me
cc: Hon. Joseph Ruggiero, Supervisor
Hon. Gloria Morse
Hon. Graham Foster
Town Board File
Tatiana Lukianoff
Susan Dec
Mark Liebermann
Sal Morello
Joseph E. Paggi, Jr., P.E.
Albert P. Roberts, Esq.
Michael Tremper
� APPROVED D
TOWN COUNT : TOWN OF WAPPINCER APPROVED
ail STATE OF NEW YORK ; COUNTY OF DUTCRESS
�
_.__.________._______________...__._._-._--_________
MAR 12:1940
PEOPLE OF TRE SPATE. OF NEW YORE,
Zoning Admhstmr
Plaintiffs,
Signature�.
-against- Carl Wolfson
JORN B. and MTNNIF. SOKOL
Defend--l: .
________
7T .IS HEREBY STIPULATED AND AGREED, by and between the undersigned,
the attorneys of record for the defendants and the Zoning Administrator
--
of' t.4� Town of Wupp:i_nger Falls, that the above- entiLied action which was
g�rimmeiFe ed by service of appearance ticket number 015 dated July 13, 1989
L' rind by
the subsequent aecusnLory
instrument/information--� (copies Of said
ocumgnts being annexed hereLn) , be and the same hereby is discontinued
wit'h';.-Prejudice based on the following terms and conditions: '
1. Based upon a physical inspeCtion of the premises by Robert J.
Levenson, Zoning Administrator of the Town of Wuppinger F-.11son
September 14, 1989, it is hereby stipulated and agreed that, subject to
the following terms and exceptions, the condition of the property of the
defendants as it existed on September 14, 1989 was in total conformity
with the Zoning Laws arid Ordinances of the 'town of Wappingcr Fo 1.1 s. The
condition of the defendant ' s property as it existed on September 14,
1989 cons .s led, among other things, of the presence of numerous
(approximately 15-25) registered and unregistered motor vehicles
inclusi.ve of a certain number of said motor vehicles bearing "For Sale"
sign.^„ and numerous wooden items including what are commonly known as
"skids". T1: :is thus hereby stipulated nad agreed that the aforesaid
items an the defendant 's property do not c:onst.ituLe a violation of the
�� lonin l) haws ❑lid Ordinances of the Town o1' Wapping
er ) alis and are
permissible upon sold property,
2.
i The agreement set forth above is subject to the following terms
and coo nditions :
A. Willt.in forty (45) days of the date this SLIPulaLion is so
ordered by the Court the defendants will remove certain wooden articles
commonly known as "skids" from [.hilt: portion of their Prcm.Lses which
_ . _ _1�.o ederc the—oar-titbound—s-ide—.rf—Rnvt-e—gin—t-[ie owa o- a
PPtnger Falls
-
and either dispose of slime or store same on a separate portion of their
premises .
R. Within rorty (45 ) days of the date this Stipulation is so
ordered by the Court the defendants will take the necessary steps to
apply for a "special use permit" with regard to a free standing
advertisement sign located on that portion of their Premises facing the
northbound side of Route 9 :in the Town of Wappinger Falls. In the event
of u denial of said "special use permit", defendants will take the
necessary steps to have the sign removed from their premises within
sixty (60) days after said denial or after an adverse appeal of said
denial
3 . After adhering to the above—lister) terms . and conditions,
defendants agree. to keep said property in condition roughly similar to
Lhut. wh:Lch existed On September 14, 1989.
4. This StiPulation neither limits nor expands 0 n non—conforming
use exception which may be applicable to defendant 's property, nor
limits nor expands the number of vehicles , (whether registered or
unregistered) , nor 1:110 number of wooden "skids" , that defendnnts are
entitled to keep upon said property,
j _
ll
5. ` Upon agreement to this Stipulation by to `undersigned, this
'Stipulation will bepresented tothe Court to be "so ordered" and a copy
of the so-ordered Stipulation will be provided to each of the -
undersigned and the defendants herein.
Dated: Fishkill , New York
February 28, 1990
ERBERT JVENSON, --
_- ZONING NISTRATOR - Attorneys £o De d OOXN_&_BASSO_._. I
ANTHONY J. 0 RAT—, 50.
TOWN OF WAPPINGER FALLS —'
20 Middlebush Road 105 Main Streyk - it G
Wappinger Falls, New York 12590 Fishkill, . N G Yor 12 24
•, (914) 297-6256 (914) 8/96 840
So Ordered: j
Carl Wolfson,�T.0.J.
,
' ,: o