TOWN OF SMITHTOWN
Board of Zoning Appeals Meeting 01/13/09

Case # 15876
Return of D'Vittorio:
the second hearing for variances on multiple violations. This is the case that requested a variance for a three car garage (BIG) to be built very close to a property line but no more than 15 feet high; on an environmentally down sloped property that made the garage appear huge.
The request was surprisingly granted despite many problems with the building department having placed stop work orders. And it was granted for a property with multiple violations of "built priors"  and no permits. The irony was that the homeowner forged ahead with the garage increasing height and purpose until another complaint brought the building department down to stop work. But that didn’t last long because the building department granted a continuation after the height and purpose was resolved but not the violations. Thus, it left a neighbor and a neighborhood frustrated as to the actions of the BZA and the building department; so a law suit has been served. Since a condition placed on the first variance was that the prior built violations had to be granted permits; Mr. D'Vittorio's lawyer Vincent Trimarco has returned. But the violations are so far afield of town codes that the neighbor brought his lawyer, Neil Greenberg, to help defend his rights. The humor ( rather black ) regarding this hearing, NOT for the neighbor but for the citizens of Smithtown, is that attorney Vincent Trimarco is blaming the building department; i .e., chief building inspector John Bongino, in his reasoning. A must watch and a reason for concern.
The decision was postponed??????
What is that reasoning about???