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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