2009-0562009-56
Resolution Authorizing Commencement of Litigation Against Owner of 2-6 Kent Road for
Continuing Violations of 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 January
26, 2009.
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 (arrived at 7:02 PM)
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Bettina and seconded by
Councilman Beale.
WHEREAS, the property located at 2-6 Kent Road in the Town of Wappinger, County
of Dutchess, State of New York, and further identified by tax map parcel 6258-03-207143
(hereinafter "the Property"), was previously used as a hotel and a boarding house; and
WHEREAS, boarding house rooms on the Property were converted to apartments in the
1990's and building permits were issued to allow 9 apartments; and
WHEREAS, a pole barn was erected on the Property in the late 1990's and no residential
use was allowed for said structure; and
WHEREAS, the owner of the Property is using the pole barn for residential uses in
violation of the Town of Wappinger Code; and
WHEREAS, the owner of the Property has created 12 apartments which is in excess of
those permitted by the Town; and
WHEREAS, the Town has issued orders to remedy, violations and appearance tickets to
the owner of the Property but the illegal condition has not be terminated; and
WHEREAS, the Town of Wappinger Justice Court is without jurisdiction to issue a
mandatory injunction to cure said violations, so it is necessary to commence a suit in the
Supreme Court of the State of New York, County of Dutchess, seeking equitable relief to enjoin
the continuing violation.
NOW, THEREFORE, BE IT RESOLVED, as follows:
L The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby authorizes the Attorney to the Town, Albert P. Roberts,
Esq. to commence and prosecute to its conclusion an action against the owner of the Property,
Kent Road Associates, LLC, in Supreme Court Dutchess County
3. Supervisor Christopher Colsey is hereby authorized to execute on behalf of the
Town any documents necessary for the commencement of said lawsuit.
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
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
1/26/2009
The Resolution is hereby duly declared adopted.
Qk' C'�i �'- �'
J HN C. MASTERSON, TOWN CLERK