073.2010 Resolve Matter Town vs. Ritano
RESOLUTION RESOLVING MATTER OF QUEENSBURY TOWN BOARD
V. JOSEPH AND DEBORAH RIITANO
RESOLUTION NO.: 73, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Ronald Montesi
WHEREAS, the Queensbury Town Board commenced action against property owners Joseph
and Deborah Riitano of 16 Sunset Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) in
Warren County Supreme Court, seeking to compel the property owners to bring the premises into
compliance with the Town’s Zoning Ordinance and Town Code and further seeking to enjoin, restrain
and prohibit the property owners from further violating the Town Zoning Ordinance and/or Town
Code, and
WHEREAS, following the commencement of action, correspondence was received from
counsel for the Riitanos seeking an amicable settlement of this matter, and
WHEREAS, the Town Board has reviewed the correspondence from counsel for the Riitanos,
interviewed James Underwood, a member of the Town’s Zoning Board of Appeals and Craig Brown,
Town Zoning Adminstrator/Code Compliance Officer, and reviewed the files of the Zoning Board of
Appeals, and
WHEREAS, several Town Board members independently went to the premises to view the
premises and determine its impact upon neighboring properties, and
WHEREAS, Ward I Councilman Anthony Metivier reported to the Town Board that several
properties in the immediate vicinity of the subject premises are taller and/or larger than the subject
premises and Mr. Metivier reported that the roof, which is the subject of this dispute, does not block
any views from neighboring properties, and
WHEREAS, the Town Board believes that a mitigating factor that distinguishes this matter
from other similar matters that have come before the Board is the fact that the Community
Development Department issued a Certificate of Compliance for the property, and
WHEREAS, the property owners report that it would be a considerable expense to lower the
roofline as would be required in order to come into compliance with the Town Code and the property
owners have agreed to incur considerable expense at the request of the Town Zoning
Administrator/Code Compliance Officer to remove an interior staircase to the attic and to remove attic
windows, further the property owners have already changed a porch on the property consistent with
the Town’s request, and
WHEREAS, after considerable negotiation, the property owners have agreed to pay a fine to
the Town of $5,000 and withdraw a companion action which they filed against the Town’s Zoning
Board of Appeals, and
WHEREAS, the Town Board believes that it is in the best interest of the Town to resolve the
litigation rather than continuing to pursue this matter, and
WHEREAS, the Town Board has the authority under Town Law §65 and §68 to prosecute
actions as it deems in the best interest of the Town and to compromise actions against the Town,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby agrees to settle the matter of the
Town of Queensbury v. Joseph and Deborah Riitano concerning the property located at 16 Sunset
Lane in the Town of Queensbury (Tax Map No.: 226.19-1-9) subject to approval of the Warren
County Supreme Court and to accept $5,000 payment to compensate the Town for the costs of
litigation and as a penalty for violation of the Town Zoning Ordinance and further conditioned
upon the withdrawal by the property owner of the action brought against the Town of
Queensbury Zoning Board of Appeals, and
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BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs Town Counsel to review the
Stipulation of Settlement and to present it to the Court for its approval on substantially the terms
set forth herein, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor, Town Counsel and/or Zoning
Administrator/Code Compliance Officer to take any and all actions necessary to effectuate all
terms of this Resolution.
th
Duly adopted this 11 day of January, 2010, by the following vote:
AYES : Mr. Brewer, Mr. Metivier, Mr. Montesi
NOES : Mr. Strough, Mr. Stec
ABSENT : None
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