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Town Board authorizes $8,500 settlement with property operator 'Someplace Upstate' and sets penalties for future violations
Summary
The board approved a settlement in Town of Marlborough v. Someplace Upstate: defendants will pay $8,500 to resolve attorney costs and face $25,000 administrative fines for proven future code violations; restrictions on using an R-1 property for commercial events were spelled out.
The Town Board authorized a settlement in the lawsuit captioned Town of Marlborough v. Someplace Upstate at its Feb. 24, 2025 meeting. Under the Stipulation of Settlement, Someplace Upstate will pay $8,500 to the town to resolve the matter and discharge alleged violations through the date of the release; the payment will cover attorney costs, the resolution states.
The settlement includes an enforcement provision: if the Town proves a subsequent Town Code violation occurred after execution of the agreement, the Town may seek an administrative fine of $25,000 per proven violation (the town may not "stack" violations to increase the amount). The agreement places restrictions on the R-1 zoned property at issue, stating it may not be rented for weddings or commercial events unless a special use permit is granted.
The resolution authorizes attorney Kyle W. Barnett of Van De Water and Van De Water LLP to execute necessary papers. The board recorded unanimous support: Council votes were Yes from Molinelli, Sessa, Cauchi, Zambito and Supervisor Corcoran.
The settlement text also permits the Town to apply to court to adjudicate alleged violations and provides that if the Town fails to file an application within 30 days of reasonable cause, the claim will be barred. If the Town fails to prove a subsequent violation, it would be liable for the defendants reasonable attorney fees for that defense.
