2017-116 2017-116
Resolution Authorizing Litigation To Enjoin Violations At 1318 Route 9
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 12,
2017.
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-2017-116
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Ciccarelli and seconded by
Councilman Beale.
WHEREAS, a certain parcel of land with an address of 1318 Route 9 in the Town of
Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel
number 6157-02-619532, is currently owned by the Joseph A. Eulie Trust; and
WHEREAS, the tenant of the property, Five Star Automotive of NY LLC, is operating
the premises in a manner that is not consistent with the approved site plan for the property in that
vehicles are being parked on grass and other unapproved parking areas; and
WHEREAS, notices of violations, orders to remedy and appearance tickets regarding the
Zoning Violations have been served upon the tenant of the property but the violations have
continued unabated; and
WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue an
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 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 against the owner, tenants or occupants of 1318 Route 9 to
enjoin the continuing violations of the Town of Wappinger Zoning Code, the Town of
Wappinger Property Maintenance Code, the New York State Uniform Code and any other
applicable violations of the Town of Wappinger Code
3. Supervisor Lori A. Jiava and the Attorney to the Town are 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: William H. Beale, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/12/2017
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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