2010-1792010-179
Resolution Authorizing Enforcement Proceedings Against Horton House Family Center 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, Cynthia L. Vergilii and John A. Vergilii own the premises located at 1540
Route 376 in the Town of Wappinger, County of Dutchess, State of New York, and further
identified by tax map parcel 6259-04-620173 (hereinafter "the Property"), and is located in a
single-family residential zoning district; and
WHEREAS, in June 2008, Cynthia L. Vergilii and John A. Vergilii (hereinafter "Horton
House") made application to the Town of Wappinger Town Board for a Change of Zone/Text to
allow for the unique use of "historic house" tours, receptions and special events, subject to
special use permit in a single-family residential zoning district; and
WHEREAS, the Town Board adopted the requested zoning changes by amendment to
the Zoning Code by Local Law #2 of 2009, adopted on January 26, 2009; and
WHEREAS, the zoning amendment required the owners of Horton House to submit an
application to the Planning Board for Site Plan and Special Use Permit Approvals; and
WHEREAS, the owners have refused to apply for the required Site Plan and Special Use
Permit Approvals, claiming financial hardship; and
WHEREAS, based on newspaper advertisements, email postings, other literature and
visual inspections, it appears that the Property is currently being used for historic house tours,
receptions and similar events without the requisite special use permit and site plan approvals.
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 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 owners of the subject Property, Cynthia
L. Vergilii and John A. Vergilii, or their 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.
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.
*JHN PC�MASTERSON, TOWN CLERK