town-zoning-code-questions

  • I’m my readings, I noticed that it does state that an individual can be allowed a maximum of 6 months from date of written notification shall be allowed for the owner to come in compliance. If this from the notification received on September 3rd. or the 22nd (the end of the letter we received states that if vehicles aren’t removed by September 22 2020, a violation notice will be issued along with a court date.) So I guess I’m a little confused as to which one or do both count as notices.

    I would hope that the town can take into consideration my current situation I find my self in, with employment and career in limbo, a nasty neighbor that is determined to force us from our home and my willingness and desire to get these vehicles moved to another home.

    I am actually looking at this as a positive situation because I’ve been meaning to do something with the vehicles that are parked around my shop for the past 3 years, but indecision, anxiety and the traumatic year I had in 2017 when I walked from my carpet cleaning business…well it’s been hard to even go over to my shop to work on anything. This however isĀ  the kick in the ass I needed to finally get this equipment cleaned up and rid my self of the burden.

     

    • What repercussion can be taken against them for moving a property marker? Last year Pierce Services plowed over my South East property marker. They chalked it up as a stump knocked it over, but regardless, it was altered by their actions. Regardless if a ‘stump’ pushed it over or not: Ignorance is not excuse to break the law
    • They mowed down (Pierce Services, but it’s unclear if Fulvio gave the OK or Pierce took it upon themselves to widen my driveway without my consent. The modification couldn’t have been legal.
    • Standing water around their ‘facility’ has been a breading ground for mosquitoes. They also let young children splash around in that cesspool
    • What is the structure classified as? Is it a residence? Looks like a barn to me, they however are living there now. Has that structure been approved fit for living and not just agricultural? Especially with small children?
        I’ve heard the following from them:

      • Their electrician called it a ‘camp’ last year
      • Fulvio Sr. said they ‘might’ make some Brandy and earlier in the year called his vineyard a winery (with Concords?!)

    While Fulvio II told my last year that he intends to live off the land and raise goats.

    The reason I ask is because there has been a lot of ‘construction’ being done on the inside by Fulvio Jr. and wouldn’t put it past them to not acquire the appropriate permits for the various projects they are working on around their facility.

    I also have a hard time believing the town would issue them a permit for a fence that sits within 1ft of the easement area. So it may be something that someone should look into.

    With that said, I have the following concerns in regards to their property:

    • They have constantly driven heavy equipment on driveway that the driveway wasn’t meant to stand. its for access, not a interstate for heavy equipment. They have Webster Road access that should be used for those types of vehicles.
    • They have destroyed my property that sits outside the lines of the easement area. (So basically the area of my property they don’t have a right to access.) They ran over a barrier I had setup to prevent the excessive use of my land as a turn around spot for all types of vehicles. My it’s hard to tell from security cam footage, but it looks like they might of ran over it with a vehicle, which would then be leaving the scene of a property damage accident. (Head lights were shining right at the camera when it happened. Going to see if I can enhance video to know for sure before reporting to authorities.
    • Do four-wheeler’s racing through easement constitute a ‘necessary’ right-of-way. Shouldn’t it just be limited to farming related activities. Especially when said four-wheeler’s are carrying young passengers without a helmet? I have also told them I don’t want young kids on motorized machines racing behind my shop. It opens me up for liability in the event someone gets injured racing through the easement. The request fell on deaf ears.
    • Can the easement be nullified due to their constant neglect and ignorance of the terms of the easement and property lines? I know their is right to access property, but being they have a driveway entrance on Webster road to gain access. This easement seems that it will just continue to be an issue given their track record. Seems like nullifying easement would probably be in best interest for both parties.
    • They plan on putting a fence within about 1 foot of the property line. Because it’s within the easement area, they believe they have complete control over the designated area. They believe ‘right-of-way’ == any and all rights to my property. I believe erecting such a fence would be in violation, especially given the fact it would create a blind corner on the easement access driveway. This could end in tragedy given they way they race around tat corner on their our-wheeler’s with little kids without protective gear.