What's Happenin' Now

2/24/2012: tomorrow, FBC's attorney is due in court at 9:30 in the "forenoon" [that's fancy lawyer-speak for "morning"]. He's trying to insert himself into the case because he doesn't think the Yorktown's attorney will do a good enough job.

2/28/2012, I will receive the town's motion to dismiss. They will argue that FBC should have been party to my lawsuit. There's still a snowball's chance that happens. 3/6/2012: Assuming I'm not thrown out of court for notifying FBC, I will have served my response to the town's motion to dismiss and reply to my petition to the court. I get the feeling it's going to be summer--at the earliest--before we have resolution. In the meantime, please enjoy this TV theme song instrumental. What'sHappenin' Now!! Oh no I didn't.

3 Day Weekend!

I hope the holiday weekend affords you some time for leisurely reading, too.

What Does It All Mean?

I agreed to a conditional adjournment with Jeanneatte Koster (the Yorktown attorney) yesterday.  Initially I had opposed such a move.  My reasoning was that since the Zoning Board had deviated so radically from their normal procedure when certifying variance approvals, why would I agree to give them more time to respond to my petition.  Whereas a normal zoning variance gets recorded with the town clerk 30 days or more past the zoning board publicly votes on an application, the variances for FBC were recorded in 4 days (12/8/11-12/12/11).  Some of the variances they voted on last November still haven't even been certified!  Because there was no other application which the ZBA certified that quickly in all of 2011 (nothing even came close), it put me at a great disadvantage.  Anyhoo, out of the kindness of my heart, I've pushed out the return date to 3/6/2012.  If the ZBA weren't totally unaccountable for their actions (Jeannette has to defend them), I wouldn't have budged.

Note the only italicized words in her letter are "pro se."  That's code to the judge that she thinks I'm cray-cray

But wait, there's more.  Al Capellini, esq, on behalf of FBC, has filed a motion to intervene.  He is sad he wasn't invited to the party and wants to get served too.  He notes in his letter to the Honorable Judge Barbara Zambelli that he has directed the town to it is his understanding that..." Yorktown will move to dismiss my suit on grounds that I didn't serve the applicant, FBC.  In the same breath, he files a formal reply to my petition in Westchester County supreme court.

What does it all mean?

It means that Al Capellini will now get to serve as de facto council for Yorktown (read: I'm going to get tag-teamed by two attorneys now).  This, of course, presumes the judge doesn't throw me out of court for not serving the landowner (I checked my magic 8 ball and the outlook is good that I won't).

It's important to understand that I'm challenging the ZBA's, not FBC's, decision making process and the action of approving MAJOR zoning variances; I did not challenge 3 of the original five variances because they were reasonable.  I'm claiming that their action of approving the variances was  arbitrary and will be detrimental to our small residential community.  I've made the facts of this controversial public application and my article 78 petition so widely available to the public, he's already finished his reply to paperwork he's not yet been served. Ha!
What does it all mean?

Word of the Day: Impleader

Happy Valentine's Day!  As you're well aware, today is the return date on my article 78 petition.  There's a few happenings going on we'll talk about later, but in the mean time, please take the time to research today's word of the day.

Impleader, defined.

Judgement (Valentine's) Day

February 14th is the return date (the day the judge is set to render a decision).  The town attorney's office asked me to adjourn the matter for a couple of weeks.  I respectfully said no. That decision was partly emotional, being so close to the issue and not having the means to afford an attorney to represent my family; it was also based on the fact that the ZBA certified their vote with the town clerk in 4 days.  Normally it takes at least a month, if not longer.  My research with the town clerk's office covering the last 12 months shows that this move was unprecedented (I'll show you the data if you email me at yorktowncode@gmail.com).

I apologize for not cropping this painting before I posted it the first time.  I promise to steal it from the artist and scan it in one shot so we don't have that unsightly crease in the center as well.  Fine art though, right?

Unless the judge grants an adjournment without my consent, it should all happen very quickly.  Though it's quite possible the judge needs more time to review it because of a heavy case load or whatnot.  I honestly have no idea what is about to happen because I'm not an attorney and have never done this before.  It's all rather exciting and scary. What if the judge reprimands me and I end up looking like an ass and all of Yorktown hates me, forever.  That would suck.

Save Mohegan Lake

Thanks to Patrick Van Maanen for donating the original artwork.  I have to say, the large mouth bass is easily my most favorite fish in all of Mohegan Lake. 

On A Personal Note

This whole "suing the town" thing has been very stressful and taken quite a toll on me.  

My late mother taught me how to knit.  She was a nurse practitioner and swore that knitting released serotonin. 

I believe that.  Knitting this hat for my nephew has been incredibly therapeutic. I started on Sunday afternoon and have been knitting up a storm on my 50+ minute train ride in to the city.  I must look a bit curious knitting in a suit, but I've not been taunted once--yet.

Knitting: It's Like Riding A Bike; you never forget how to do it.

Revisiting The Scene

Do you guys remember that time I went to the Yorktown Zoning Board of Appeals meeting and ended up correcting the "special" counsel to the ZBA on the ins-n-outs of uses permitted only by special permit in an R1-10 zoning district?  

Take note at 1 minute, 24 seconds into this video.  Please note whom the zoning board chairman, Mr. Gregg Bucci, asks what section of the code special use permits are outlined in [answer: section 300-30] when he gets frustrated with the facts I am presenting him; that would be Mr. Capellini. This, immediately after I told Mr. Bucci he was wrong and both he and the special counselor emphatically told me I had no idea what I was talking about.  I was the only one in the room with the current code.  Mr. Capellini knows what I'm talking about, right Al? 
 
Considering the actual zoning chairman, Mr. Gordon Fine, cohabitates the same office with Mr. Capellini, it certainly raises an eyebrow.  Also how Mr. Bucci refers to Mr. Capellini as "Al" and when he isn't sure he asks him for guidance shows how comfortable their relationship is.  Of note: Messieurs Capellini, Fine and Bucci are all attorneys.  Global conspiracy? Doubtful.  Makes you wonder?  Sure does.

The Parking Problem, Explained

The applicant is only providing 63 standard parking spaces.  Per code (4 people per space x 63 = 252 people).  The town allows some "stacking" [read: double/triple/quadruple parking within the proposed three parking lots] and the applicant claims they will provide 86 total spaces.  The applicant proposes 344 people to occupy the second floor; the also put forth the absurd proposition that the entire first floor will never be occupied if the 2nd floor is occupied.  Not only is that completely un-enforcable (the town won't enforce the code on the two homes the church illegally converted to suit their needs), but there is no code citation they can make to justify such a crazy deviation from established zoning law.

By all accounts, Site Design Consultants of Yorktown is a reputable engineering firm.  Their professional engineers represent many of the high profile developers in Yorktown.  Last year they did a six (6) week parking study of Faith Bible Church (images above and below) which was submitted to the zoning board attached to a sworn affidavit from pastor Zotolli.  What they found is that the special use the applicant is proposing can not provide the minimum code requirement (a ratio of 4 people to 1 parking space).  The best ratio the applicant provided during the study was 2.7 people per parking space; it fluctuated between 2.3 to 2.7 people per parking space.  At 2.7 people per parking space (what they can actually provide on their best day) only supports an occupant load of 170 people (63 spaces x 2.7 people per space).  Conveniently, that's the occupant load they have already illegally increased to.  That would seem to be the biggest church that could be supported by the parking limitations, if you are a fan of the truth.

Please note that the town only approved 100 occupants to be at this church "3 days a year, for 3 hours."  Considering how the church actually occupis the site, they are not only a danger to themselves (the town has no idea if 242 people can safely egress from the sanctuary), but to the small residential home owners associations that surround the church.  I pray nothing happens as the result of lax enforcement on the part of Yorktown!

I'm completely setting aside the fact--the cold hard fact--that the church has terms and conditions on the wetland parking lot that allows Shrub Oak Lake Estates (a neighboring home owners association) member the right to park "at all times" and "at no cost."  In fact the church is in violation of the terms and conditions of their deed by not posting that it is private parking for SOLE and FBC members.  All these inconvenient facts.


No one is saying the church can't be expanded, just that it has to be in keeping with the character of the neighborhood and have sufficient parking.  Yorktown is turning a blind eye to the fact that the church already expanded without any permits or approvals.  Now the church is claiming hardship.  The houses they illegally converted don't accommodate the growing congregation; ha!

If you ever decide to illegally convert your house to a use requiring a "special permit," you should shouldn't hesitate.  Do whatever you want without permits or approvals because Yorktown is either unwilling or unable to stop you,  as evidenced by the blind eye they turn to the applicants illegal conversions.  It should be noted that the applicant only recently (circa 2005, when they acquired title) illegally converted the red house on Sagamore  Trail.  Up until that act, it had been occupied (legally) as a single family home. 

Have You Picked Up the Westchester Guardian This Week?

If not, you should.

An Interesting Article

The Yonkers Tribune has an interesting article about my neighbor's proposed development.  You can read it here.

The Zoning Board of Appeals Got Served

It's official.  I confirmed it with the Westchester County Sheriff's office.  Phew, at least I won't get thrown out for a defective service.

You Got F'd in the A
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