Judge Rules In Favor of Hanson
By Doug La Rocque
New York State Supreme Court Justice Raymond Elliott III has issued a ruling that says Brian Baker’s appeal to the Stephentown Zoning Board of Appeals (ZBA) was not timely, and thereby nullifies the ZBA’s decision that the building permit issued to Tom Hanson to place seven additional trailers on property he owns at the corner of NY Route 22 and Brown’s Road, was done inappropriately. Mr. Baker owns three pieces of property that are adjacent to and abut Mr. Hanson’s property. In his ruling, dated November 1 but just released on Monday, November 5, Justice Elliott went along with the 60-day time limit to file an appeal, not the 30-day limit as Hanson’s attorney William Better had argued, but also found that Mr. Baker failed to meet the 60-day deadline to file that appeal. The issue came down as to when Mr. Baker had received written notice of the building permit, or had constructive notice of the expansion.
Constructive notice is described as a legal inference from established facts and a duty of injury. Mr. Hanson testified his employees had been staking out the sites, and hauling in gravel for fill throughout most of the summer of 2017. Mr. Baker stated that during the first five days of September that year, he had inquired of the town as to what was going on, including a phone call to the Town’s Building Department on September 5. Mr. Baker was not formally notified by the town until September 13. In his ruling, Justice Elliott wrote “it appears Mr. Baker had knowledge of certain facts that resulted in a duty to inquire about the construction on the petitioner’s (Hanson) adjoining property which resulted in constructive notice to him which prompted to call the Town’s Building Department on September 5. The court finds the sixty days for Baker to appeal to the ZBA commenced on September 5. As a result, Baker’s appeal to the ZBA on November 8, 2017, was untimely.”
Speaking to The Eastwick Press, Mr. Hanson said, in regard to the lawsuit he filed, “all I did was to defend my position because of all the action Brian had brought against the town.” He says the two mobile homes currently on the site are now occupied, and he plans to start bringing in more homes, possibly as early as this week. He also noted that the sewer and water expansions needed for the new structures, have been extended to the existing homes on the site.
Mr. Baker, an attorney who represented himself throughout the proceedings, told The Eastwick Press he “believes the decision is flawed.” And that he is “deeply disappointed.” As to any appeal, he says he is “keeping my options open at this time.”
The other major player in all this is the Town of Stephentown, which has spent nearly $70,000 in legal cost this year, most of which is attributable to this case. Town Supervisor Larry Eckhardt says the Town Board plans to meet in an Executive Session on Monday, November 12, to discuss the decision and what should happen next.