2010-1772010-177
Resolution Authorizing Enforcement Proceedings Against MVK Landscaping, Inc. (Red
Barn) for Continuing Violations of the Town Code
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 26,
2010.
The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Christopher J. Colsey
Councilmembers - William H. Beale (arrived at 6:05 PM)
Vincent F. Bettina (departed at 9:13 PM)
Ismay Czarniecki
ABSENT:
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czarniecki and seconded by
Councilman Beale.
WHEREAS, the property located at 125 Myers Corners Road in the Town of
Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel
6258-03-165180 (hereinafter "the Property") is located in an R-20 residential zoning district and
is currently being used as a landscape contractor's yard, nursery and landscape supply yard; and
WHEREAS, in early 1992, MVK Landscaping, Inc. (hereinafter "MVK"), made
application to the Town of Wappinger Planning Board for Site Plan and Special Use Permit
Approvals; and
WHEREAS, Site Plan Approval was granted by the Planning Board on June 1, 1992,
and Special Use Permit Approval was granted on July 29, 1992; and
WHEREAS, subsequent to the granting of the Site Plan and Special Use Permit
Approvals, MVK did not complete the work or obtain a C.O. as required by the Resolution of
Approvals; and
WHEREAS, an action was brought in Supreme Court, Dutchess County, and, after
substantial negotiations, a Stipulation of Settlement was reached between the Town and MVK in
2003, requiring a new Site Plan be submitted to the Planning Board, but a new Site Plan was
never submitted, because an Article 78 proceeding was commenced by a neighbor, Arthur
Buckley; and
WHEREAS, the use of this Property as a landscape contractor's yard was not authorized
by the Resolution of Site Plan and Special Use Permit Approvals, and such uses are not presently
permitted within an R-20 residential zoning district; and
WHEREAS, based on visual inspection, it appears that the Property is still being used as
a landscape contractor's yard, nursery and landscape supply yard.
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. The Town Board hereby authorizes Attorney to the Town, Albert P. Roberts,
Esq., or any member of his firm, to commence and prosecute to its conclusion an
enforcement action or actions against the owner of the subject Property, MVK
Landscaping, Inc., or its successor, in Supreme Court, Dutchess County, or
Justice Court, Town of Wappinger, or any other court of competent jurisdiction,
to bring the subject Property into compliance with the Town of Wappinger
Zoning Code, the New York State Uniform Code, and any other rules and
regulations of the Town of Wappinger, or any other regulatory agency having
jurisdiction over the Property.
3. Supervisor Christopher J. Colsey is also authorized to execute any and all
documents necessary for the commencement and continuation of said lawsuit and
to cooperate with the Attorney to the Town to facilitate this litigation.
The foregoing was put to a vote which resulted as follows:
CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN Voting: ABSENT
Dated: Wappingers Falls, New York
4/26/2010
The Resolution is hereby duly declared adopted.