2011-1792011-179
Resolution Authorizing Commencement of Litigation against Owners of 17 Adams Street
(Howe) and 18 Adams Street (Mazochi)
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 May 9,
2011.
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
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Bettina.
WHEREAS, it has been observed that the southerly end of Adams Street has been
flooding with storm water during heavy rain events; and
WHEREAS, after visual inspection by the Town Highway Superintendent, the Town
Engineer and Attorney to the Town of the properties of 17 Adams Street, owned by Howe, and
18 Adams Street, owned by Mazochi, it was determined that the respective property owners of
these parcels have altered the drainage patterns in violation of their approved Plot Plans causing
the flooding of the southerly end of Adams Street; and
WHEREAS, by letter dated October 14, 2010, from Supervisor Christopher J. Colsey to
Howe and Mazochi, the Town proposed improvements to Adams Street which would
eliminate/alleviate the problem of flooding; and
WHEREAS, in order to implement the improvements proposed by the Town, it is
necessary for the owners of the subject properties to grant the Town drainage easements; and
WHEREAS, as of the date of this Resolution, the Town has not received the cooperation
from the owners of the subject properties in obtaining the necessary easements to commence the
needed improvements.
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
action or actions against the owners of 17 Adams Street (Howe) and 18 Adams
Street (Mazochi), in Supreme Court, Dutchess County, or Justice Court, Town of
Wappinger, or any other court of competent jurisdiction, to bring the subject
properties into compliance with their respective Plot Plans and 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 properties.
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:
AYE
Dated: Wappingers Falls, New York
5/9/2011
The Resolution is hereby duly declared adopted.
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J?PN C. MASTERSON, TOWN CLERK