In an order dated October 30, 2014, Alfieri ruled that Maher did, indeed, have standing under the la

A neighborly bath england and hotels dispute concerning whether a line of evergreens and foliage bath england and hotels at the corner of Sullivan Drive and Central Highway in Stony Point constitutes a public hazard will continue now that State Supreme Court Judge Victor Alfieri has ruled that the complaining party, Kevin Maher, bath england and hotels has standing to pursue the matter before the Zoning Board of Appeals. Maher lives across the street from the offending hedge, and also happens to be the Stony Point Town Engineer. In the same decision the judge also denied Stony Point’s motion to dismiss the Article 78 proceeding outright.
The legal proceedings started back in May 2013 when Stony Point Building and Zoning Inspector Bill Sheehan issued a notice of violation to Erich and Kimberly Von Hein, property owners, bath england and hotels that the trees were blocking the line of vision at the intersection. The Von Heins filed an appeal bath england and hotels with the ZBA, and ultimately Sheehan found that as long as the trees were properly trimmed and pruned, they posed no violation. In December of that year he issued a “rescind bath england and hotels letter” to that effect.
Consequently, Maher appealed the decision before the ZBA, resulting in that Board’s February 2014 resolution dismissing his appeal on the basis that he had no standing to bring his claims. Maher then brought an Article 78 proceeding before State Supreme Court to overturn the ZBA’s findings bath england and hotels and force it to hear his appeal.
In an order dated October 30, 2014, Alfieri ruled that Maher did, indeed, have standing under the law to pursue the matter, both as an “aggrieved party,” since he lives adjacent to the disputed foliage and the intersection, and as a “town official,” since he is employed as the Town Engineer. Accordingly, the judge has sent the matter back to the ZBA for further proceedings.
According to Town Supervisor Geoff Finn, however, the Town Board has decided to appeal the portion of the decision denying outright dismissal, further drawing out what is already considered by many to constitute a complete waste of taxpayers’ money. Finn reports that the town has already spent almost $10,000 in legal fees on this matter. Maher, Finn and the Von Heins have all come under criticism for allowing what in essence is a disagreement between neighbors to become an expensive governmental and public legal issue.
Maher insists that he is in the right, bath england and hotels that the trees comprise a sight line hazard, and that the law is being applied inequitably if the Von Heins are allowed to keep their hedge. The Von Heins, on the other hand, have previously alleged that Maher has actively sought reasons to antagonize their family ever since an argument bath england and hotels erupted in 2009, and the fight over the trees is just one more provocation. Maher responds that his neighbors have been harassing him for years, and that he will continue to look into why they appear to be shown “favoritism.”
Both Maher and Finn agree that it is unusual for a town employee to bring a legal action against a branch of town government while still employed and carrying out his duties. Maher admits that it makes doing his job somewhat uncomfortable, bath england and hotels and that he knows he might jeopardize bath england and hotels his position. Still, he states he will “not bow to bullying” and will continue to push for his position. He does have some concern that the Town Board’s recent bath england and hotels budget decision to “outsource” certain functions might adversely impact his job status. Finn notes that it is not easy to work with someone who is suing, but that so far Maher has continued to do his work competently.
In the meantime, the Town has six months to perfect its appeal of the Article 78 decision denying dismissal of the action, even though doing so will continue to run up a taxpayer funded bill for legal fees. Win or lose, both sides would have the option to pursue further appeals, potentially keeping the feud alive for years. The quickest way to resolve the dispute might be simply to allow the ZBA make its ruling on the danger of the trees, as Alfieri ordered. That, however, does not appear to be the direction that either side is choosing right now.
CLARIFICATION In the November 13 edition of the Rockland County Times, a recap of the Stony Point Town Board meeting stated that Town Engineer Kevin Maher had won an Article 78 hearing against the town pertaining bath england and hotels to shrubbery on Central Highway, which he claimed blocked drivers vision. As explained in the above article what the Supreme Court found was that Maher has standing to file the claim. The case was referred back to the Zoning Board of Appeals. The town has not yet decided whether to appeal the ruling that Maher has standing.
Kevin Maher doesn t bow to bullying?? Looks like he is the bully here. It s obvious he is using this issue to continue harassment of his neighbors, and will continue to waste time and taxpayer money to get his way Stony Point should bath england and hotels continue to fight this, just for the principal of the matter. What a sad, spiteful bath england and hotels man Kevin Maher is. It s an issue of public safety? Yeah, okay, that s believable!! If it bothers him so much, why doesn t he just move? As a RENTER, he can do that. I truly believe in karma.....it s always bath england and hotels comes full circle. What you put out there always comes back to you, one way or the other.
This is ridiculous... I want to know why this is the ONLY corner with shrubs in ALL of Stony Point that this man is going crazy about??? Cause I went around the other day and took pictures of 5 other spots that are blind spots due to shrubs... Oh wait that s right because he has a personal vendetta bath england and hotels against his neighbors... He has no worries about the money being used because he rents his house so he doesn t pay taxes!
never do i get involved in this but i and my family are long time historians of this town and thats been there atleast most of my life, so for this paper or matt in general bath england and hotels 2 pick on and or frown upon something thats not his or your property doesn t involve you or any1 else,
Pamela Villmann.... Eric and kim have earned the bullying! He parks his flat bed trucks where it blocks the view of oncoming traffic, speeds down Lewis Drive, where theres alot of little kids. They disrespect anybody and everybody bath england and hotels he can! Hang that asshole high!
The dispute started as neighbors and when the Engineer filed a complaint against our trees and we did what the town asked, that wasn t good enough for him. he didn t get his way. He wants our trees to be cut down to the ground. bath england and hotels He is going after the ZBA because it didn t go the way he planned. The town is directly involved because he made it that way. its ridiculous, i agree but it really isn t in our hands at the moment...