2016-221 2016-221
Resolution Authorizing Enforcement Actions For Encroachments Onto Property Owned
By The Fieldstone Conservation Park District
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 August 8,
2016.
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-2016-221
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Voter Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Seconder Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Mover Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilman Ciccarelli.
WHEREAS, in or about 1982, the Town Board caused the establishment of the
Fieldstone Conservation Park District to hold title to all conservation lands created in connection
with the Fieldstone Farms Conservation Subdivision Sections I, H and IH; and
WHEREAS, by deed dated August 10, 1993 from Fieldstone Farms, a Joint Venture
Partnership, to the Town of Wappinger, on behalf of the Fieldstone Conservation Park District,
which deed was recorded in the Dutchess County Clerk's Office on September 30, 1993 at Liber
1934, Page 365, three parcels of property identified as "Conservation District" and as shown on
filed map numbers 6330, 6504 and 6879, filed in the Dutchess County Clerk's Office, were
transferred into said Fieldstone Conservation Park District; and
WHEREAS, it has been reported to the Zoning/Enforcement Department and the Town
Supervisor's Office that a number of residents and property owners in the Fieldstone Farm
Subdivision have encroached onto properties owned by the Fieldstone Conservation Park
District.
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. Supervisor Lori A. Jiava and Zoning Administrator Barbara Roberti, with advice
from the Attorney to the Town, are hereby authorized and directed to forward notices to all
property owners within the Fieldstone Farms Subdivision that the property owned by the
Fieldstone Conservation Park District is to remain in its natural state and is not to be altered,
cleared, improved or otherwise utilized by any persons or property owners within the Fieldstone
Farms Subdivision.
3. The Town Supervisor and the Attorney to the Town are hereby authorized to take
whatever steps are necessary to remove any persons occupying or utilizing any portions of
property owned by the Fieldstone Conservation Park District, including commencement of any
legal actions necessary to remove, eject or evict any persons from using or occupying any parts
or portions of the Fieldstone Conservation Park District or to any legal actions to require such
persons to restore any property of the Fieldstone Conservation Park District to its natural
condition.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael Kuzmicz, Councilman
SECONDER: William Ciccarelli, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
8/8/2016
The Resolution is hereby duly declared Adopted.
JOS P P. PAOLONI, TOWN CLERK
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