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2011-3802011-380 Resolution Authorizing the Execution of a Proposed Stipulation and Order Between the Town of Wappinger and Red Barn Farm, Mark A. Van Kirk and Dianne M. Van Kirk 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 December 12, 2011. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Barbara Gutzler William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board previously authorized the commencement of litigation against Mark A. Van Kirk, Dianne M. Van Kirk and MVK Landscaping, The Red Barn Farm & Nursery, Inc. (hereinafter "Red Barn Farm") concerning the permitted use(s) of a certain 10.681 acre parcel of property located at 125 Myers Corners Road, in the Town of Wappinger, State of New York, Tax Map Parcel No. 19-6258-03-165180 (hereinafter the "Property"), which Property is situated in an R-20 residential zoning district; and WHEREAS, pursuant to said authority, the Town of Wappinger (hereinafter the "Town") commenced an action against the named Defendants in the Supreme Court of the County of Dutchess, State of New York under the caption TOWN OF WAPPINGER, Plaintiff, v. MVK LANDSCAPING, THE RED BARN FARM & NURSERY, INC, MARK A. VAN KIRK and DIANNE M. VAN KIRK, Defendants, Index No. 2010-8940, seeking to require Defendants to apply for a Special Use Permit for the operation of Red Barn Farm and to enjoin Defendants from using the Property as a "Landscaper's Yard" (hereinafter the "Action"); and WHEREAS, the Town Board is authorized to enter into stipulations concerning said matter; and WHEREAS, the proposed Stipulation and Order does not fully settle the matter but, among other things, requires Defendants to apply to the Town Planning Board for an Amended Special Use Permit and Site Plan Approval; and WHEREAS, as discussed and approved in executive session, the Town Board finds that it is in the best interests of the Town to have the Town Planning Board determine the scope of permissible activities on the Property as set forth in the proposed Stipulation and Order, and therefore that it is in the best interests of the Town to authorize the execution of said Stipulation and Order. NOW, THEREFORE, BE IT RESOLVED, as follows: I . The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby approves the attached proposed Stipulation and Order. 3. Supervisor Barbara A. Gutzler is hereby authorized and directed to execute the Stipulation and Order between the Town of Wappinger, on the one hand, and Defendants Mark A. Van Kirk, Dianne M. Van Kirk and MVK Landscaping, The Red Barn Farm & Nursery, Inc. on the other, in substantially the same form as the copy of which is annexed and affixed hereto. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMAY CZARNIECKI, COUNCILWOMAN JOSEPH P. PAOLONI, COUNCILMAN Dated: Wappingers Falls, New York 12/12/2011 Voting: AYE Voting: AYE Voting: AYE Voting: AYE Voting: ABSENT The Resolution is hereby duly declared adopted. CHRISTINE FULTON, TOWN CLERK