2016-120 2016-120
Resolution Authorizing Litigation Against Owners Of A&W Scrap Processors, Inc.
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 28,
2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being
called, the following was recorded:
✓Vote Record-Resolution RES-2016-120
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Ciccarelli and seconded by
Councilman Fenton.
WHEREAS, a certain parcel of land with an address of 1980 Route 9D in the Town of
Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel
number 135689-6056-02-688723, 680695, 721673, currently owned by A&W Scrap Processors,
Inc., is currently in violation of the Town of Wappinger Zoning Code; and
WHEREAS, a strict timeline has been given to A&W Processors, Inc. in which to
resubmit a Site Plan and be in compliance with the Town of Wappinger Zoning Code; and
WHEREAS, if such strict timeline is not complied with the Planning Board intends to
take further action; and
WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue a
mandatory injunction to cure said violations so it is necessary to commence legal proceedings in
the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above-
referenced continuing violations.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. For the reasons discussed and disclosed in executive session this evening, the
Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of
his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in
Supreme Court, Dutchess County, New York, and any other persons involved in perpetrating
such continued and repeated violations of the Town of Wappinger Zoning Code and any other
applicable violations of the Town of Wappinger Code.
Supervisor Lori A. Jiava is hereby authorized to execute on behalf of the Town of Wappinger
any documents necessary for the commencement of such legal proceedings.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ciccarelli, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
3/28/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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