2011-3802011-380
Resolution Authorizing the Execution of a Proposed Stipulation and Order Between the
Town of Wappinger and Red Barn Farm, Mark A. Van Kirk and Dianne M. Van Kirk
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 December
12, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilman Bettina and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board previously authorized the commencement of litigation
against Mark A. Van Kirk, Dianne M. Van Kirk and MVK Landscaping, The Red Barn Farm &
Nursery, Inc. (hereinafter "Red Barn Farm") concerning the permitted use(s) of a certain 10.681
acre parcel of property located at 125 Myers Corners Road, in the Town of Wappinger, State of
New York, Tax Map Parcel No. 19-6258-03-165180 (hereinafter the "Property"), which Property
is situated in an R-20 residential zoning district; and
WHEREAS, pursuant to said authority, the Town of Wappinger (hereinafter the
"Town") commenced an action against the named Defendants in the Supreme Court of the
County of Dutchess, State of New York under the caption TOWN OF WAPPINGER, Plaintiff, v.
MVK LANDSCAPING, THE RED BARN FARM & NURSERY, INC, MARK A. VAN KIRK and
DIANNE M. VAN KIRK, Defendants, Index No. 2010-8940, seeking to require Defendants to
apply for a Special Use Permit for the operation of Red Barn Farm and to enjoin Defendants
from using the Property as a "Landscaper's Yard" (hereinafter the "Action"); and
WHEREAS, the Town Board is authorized to enter into stipulations concerning said
matter; and
WHEREAS, the proposed Stipulation and Order does not fully settle the matter but,
among other things, requires Defendants to apply to the Town Planning Board for an Amended
Special Use Permit and Site Plan Approval; and
WHEREAS, as discussed and approved in executive session, the Town Board finds that
it is in the best interests of the Town to have the Town Planning Board determine the scope of
permissible activities on the Property as set forth in the proposed Stipulation and Order, and
therefore that it is in the best interests of the Town to authorize the execution of said Stipulation
and Order.
NOW, THEREFORE, BE IT RESOLVED, as follows:
I . The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby approves the attached proposed Stipulation and Order.
3. Supervisor Barbara A. Gutzler is hereby authorized and directed to execute the
Stipulation and Order between the Town of Wappinger, on the one hand, and
Defendants Mark A. Van Kirk, Dianne M. Van Kirk and MVK Landscaping, The
Red Barn Farm & Nursery, Inc. on the other, in substantially the same form as the
copy of which is annexed and affixed hereto.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
WILLIAM H. BEALE, COUNCILMAN
VINCENT F. BETTINA, COUNCILMAN
ISMAY CZARNIECKI, COUNCILWOMAN
JOSEPH P. PAOLONI, COUNCILMAN
Dated: Wappingers Falls, New York
12/12/2011
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
AYE
Voting:
ABSENT
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, TOWN CLERK