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2017-116 2017-116 Resolution Authorizing Litigation To Enjoin Violations At 1318 Route 9 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 June 12, 2017. 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-2017-116 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Seconder Q ❑ ❑ ❑ ❑ Tabled William Ciccarelli Mover Q ❑ ❑ ❑ ❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑ Michael Kuzmicz Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Ciccarelli and seconded by Councilman Beale. WHEREAS, a certain parcel of land with an address of 1318 Route 9 in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel number 6157-02-619532, is currently owned by the Joseph A. Eulie Trust; and WHEREAS, the tenant of the property, Five Star Automotive of NY LLC, is operating the premises in a manner that is not consistent with the approved site plan for the property in that vehicles are being parked on grass and other unapproved parking areas; and WHEREAS, notices of violations, orders to remedy and appearance tickets regarding the Zoning Violations have been served upon the tenant of the property but the violations have continued unabated; and WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue an injunction to cure said violations so it is necessary to commence legal proceedings in the Supreme Court, Dutchess County, New York, to seek equitable relief to enjoin the above- referenced continuing violations. 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. For the reasons discussed in executive session this evening, the Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts, and any member of his firm, Stenger, Roberts, Davis & Diamond, LLP, to bring appropriate legal proceedings in Supreme Court, Dutchess County, New York against the owner, tenants or occupants of 1318 Route 9 to enjoin the continuing violations of the Town of Wappinger Zoning Code, the Town of Wappinger Property Maintenance Code, the New York State Uniform Code and any other applicable violations of the Town of Wappinger Code 3. Supervisor Lori A. Jiava and the Attorney to the Town are hereby authorized to execute on behalf of the Town of Wappinger any documents necessary for the commencement of such legal proceedings. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William Ciccarelli, Councilman SECONDER: William H. Beale, Councilman AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz Dated: Wappingers Falls, New York 6/12/2017 The Resolution is hereby duly declared Adopted. JOS P P. PAOLONI, TOWN CLERK i