2011-2352011-235
Resolution Authorizing Enforcement Proceedings against Tom Allan Masch 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 June 27,
2011.
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
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
ABSENT:
The following Resolution was introduced by Supervisor Colsey and seconded by
Councilman Bettina.
WHEREAS, the property located at 150 Old Post Road in the Town of Wappinger,
County of Dutchess, State of New York, and further identified by Tax Map Parcel #6157-04-
614382-00 (hereafter the "Property") is located in an HB Highway -Business Zoning District; and
WHEREAS, based upon visual inspection it appears the property is being used in
violation of numerous provisions of the Town Zoning Ordinance and the New York State
Property Maintenance Code; and
WHEREAS, it appears that it is in the best interest of the Town of Wappinger that action
be authorized to compel the owner of the property to comply with the Codes.
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 authorizes Special Counsel to the Town, Scott L. Volkman,
Esq., or any member of his firm, to commence and prosecute to its conclusion an
enforcement action or actions against the owners and occupants of the subject
property to wit: Thomas Allan Masch and/or any entity determined to be doing
business on the property or deemed appropriate to include in such action, or their
successors in Supreme Court, Dutchess County and/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 and Zoning Administrator Barbara Roberti are
also authorized to execute any and all documents necessary for the
commencement and continuation of said lawsuit and to cooperate with Special
Counsel 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:
ABSTAIN
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
ABSTAIN
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
6/27/2011
The Resolution is hereby duly declared adopted.
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JOHN C. MASTERSON, TOWN CLERK