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2011-1792011-179 Resolution Authorizing Commencement of Litigation against Owners of 17 Adams Street (Howe) and 18 Adams Street (Mazochi) 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 May 9, 2011. 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 Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, it has been observed that the southerly end of Adams Street has been flooding with storm water during heavy rain events; and WHEREAS, after visual inspection by the Town Highway Superintendent, the Town Engineer and Attorney to the Town of the properties of 17 Adams Street, owned by Howe, and 18 Adams Street, owned by Mazochi, it was determined that the respective property owners of these parcels have altered the drainage patterns in violation of their approved Plot Plans causing the flooding of the southerly end of Adams Street; and WHEREAS, by letter dated October 14, 2010, from Supervisor Christopher J. Colsey to Howe and Mazochi, the Town proposed improvements to Adams Street which would eliminate/alleviate the problem of flooding; and WHEREAS, in order to implement the improvements proposed by the Town, it is necessary for the owners of the subject properties to grant the Town drainage easements; and WHEREAS, as of the date of this Resolution, the Town has not received the cooperation from the owners of the subject properties in obtaining the necessary easements to commence the needed improvements. 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 action or actions against the owners of 17 Adams Street (Howe) and 18 Adams Street (Mazochi), in Supreme Court, Dutchess County, or Justice Court, Town of Wappinger, or any other court of competent jurisdiction, to bring the subject properties into compliance with their respective Plot Plans and 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 properties. 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: AYE Dated: Wappingers Falls, New York 5/9/2011 The Resolution is hereby duly declared adopted. '0 J?PN C. MASTERSON, TOWN CLERK