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2010-1802010-180 Resolution Authorizing Enforcement Proceedings Against A.W. Scrap Processors, Inc. 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 Councilman Bettina and seconded by Councilman Beale. WHEREAS, A.W. Scrap Processors, Inc. owns several parcels of property located on Route 9D in the Town of Wappinger, County of Dutchess, State of New York, and further identified by tax map parcels 6056-02-688723, 6056-02-721673 and 6056-02-680695; and WHEREAS, tax map parcel 6056-02-688723 and 6056-02-721673 have a common street address of 1980 Route 91), and have been used as a pre-existing, non -conforming salvage yard; and WHEREAS, A.W. Scrap Processors, Inc. has expanded the non -conforming salvage yard onto tax map parcel 6056-02-680695 as confirmed by aerial photography; and WHEREAS, A.W. Scrap Processors, Inc. has not utilized the non -conforming salvage yard in accordance with the terms and provisions of the Town of Wappinger Zoning Code or the Town of Wappinger Junk Yard Code; and WHEREAS, it appears that A.W. Scrap Processors, Inc. has also expanded the use onto contiguous property owned and/or controlled by Central Hudson Gas and Electric and/or other utilities. 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, A.W. Scrap Processor, 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. J P6.MA.STERS0N TOWN CLERK