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2010-1772010-177 Resolution Authorizing Enforcement Proceedings Against MVK Landscaping, Inc. (Red Barn) for Continuing Violations of the 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 April 26, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (arrived at 6:05 PM) Vincent F. Bettina (departed at 9:13 PM) Ismay Czarniecki ABSENT: Joseph P. Paoloni The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Beale. WHEREAS, the property located at 125 Myers Corners Road in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcel 6258-03-165180 (hereinafter "the Property") is located in an R-20 residential zoning district and is currently being used as a landscape contractor's yard, nursery and landscape supply yard; and WHEREAS, in early 1992, MVK Landscaping, Inc. (hereinafter "MVK"), made application to the Town of Wappinger Planning Board for Site Plan and Special Use Permit Approvals; and WHEREAS, Site Plan Approval was granted by the Planning Board on June 1, 1992, and Special Use Permit Approval was granted on July 29, 1992; and WHEREAS, subsequent to the granting of the Site Plan and Special Use Permit Approvals, MVK did not complete the work or obtain a C.O. as required by the Resolution of Approvals; and WHEREAS, an action was brought in Supreme Court, Dutchess County, and, after substantial negotiations, a Stipulation of Settlement was reached between the Town and MVK in 2003, requiring a new Site Plan be submitted to the Planning Board, but a new Site Plan was never submitted, because an Article 78 proceeding was commenced by a neighbor, Arthur Buckley; and WHEREAS, the use of this Property as a landscape contractor's yard was not authorized by the Resolution of Site Plan and Special Use Permit Approvals, and such uses are not presently permitted within an R-20 residential zoning district; and WHEREAS, based on visual inspection, it appears that the Property is still being used as a landscape contractor's yard, nursery and landscape supply yard. 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 enforcement action or actions against the owner of the subject Property, MVK Landscaping, Inc., or its successor, in Supreme Court, Dutchess County, or Justice Court, Town of Wappinger, or any other court of competent jurisdiction, to bring the subject Property into compliance with 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 Property. 3. 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: ABSENT Dated: Wappingers Falls, New York 4/26/2010 The Resolution is hereby duly declared adopted.