2010-1512010-151
Resolution Authorizing Demolition And/Or Removal of Building at One Wildwood Drive
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 April 12,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Christopher J. Colsey
William H. Beale
Ismay Czarniecki
Joseph P. Paoloni
Vincent F. Bettina
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilwoman Czarniecki.
WHEREAS, pursuant to the Decision, Order and Judgment of the United States District
Court for the Southern District of New York made by the Honorable Justice Colleen McMahon,
on January 6, 2008, a judgment was entered in favor of the Town of Wappinger against Donald
J. O'Mara, II1, Patrick L. O'Mara, Sr. and (Absolute) Property Management, Inc., Plaintiffs,
ordering that the aforementioned Plaintiffs restore the premises located at One Wildwood Drive,
Town of Wappinger, New York, to an "open space" condition; and
WHEREAS, an application for a Building Permit authorizing the demolition and
removal of all accessory structures and water and sewer lines serving the structure, was made to
the Town of Wappinger Building Department; and
WHEREAS, on April 5, 2010, a Town of Wappinger Code Enforcement Officer issued
the Building Permit in compliance with said Decision, Order and Judgment; and
WHEREAS, pursuant to said Decision, Order and Judgment, if the Plaintiffs, Donald J.
O'Mara, III, Patrick L. O'Mara, Sr. and Absolute Property Management, Inc. have not
demolished or removed the structure within thirty (30) days after issuance of the Building
Permit, the Town is authorized without further order of the court to enter upon the property and
remove all structures and debris and to apply to the court for a judgment for the cost of said
removal.
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. In the event the structures and any debris are not removed by May 9, 2010, the
Town Board hereby authorizes Supervisor Christopher J. Colsey to make
arrangements and/or enter into a contract for the removal of any and all structures
and debris located on the property known as Parcel E on map number 3107 filed
in the Dutchess County Clerk's Office and commonly known as One Wildwood
Drive, Town of Wappinger, New York.
3. The Town Board further acknowledges that no fees for the issuance of the
Building Permit have been collected inasmuch as the request for the removal of
the building was made pursuant to the Decision, Order and Judgment issued by
the United States District Court for the Southern District of New York in favor of
the Town.
4. Camo Pollution Control, Inc. is authorized to properly cap the water and sewer
connections serving said structure.
5. In the event the structure and any debris are not removed from the property by
May 9, 2010, Supervisor Christopher J. Colsey is also authorized to apply to the
United States District Court for the Southern District of New York for any costs
the Town incurs to remove all structures and debris thereon, which cost shall be
limited to the cost of the removal of the structures and debris in the cheapest
possible way and shall not include any other costs other than the cost of removing
the structures and debris necessary to restore the land to an open space condition.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
Voting:
AYE
ABSENT
VINCENT F. BETTINA, COUNCILMAN
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
4/12/2010
The Resolution is hereby duly declared adopted.
HN C. kSTERSON, TOWN CLERK