STONY POINT A state Supreme Court judge has sided with town engineer who had filed an Article 78 procedure against the town’s Zoning Board of Appeals.
This unusual dispute stems from overgrown pine trees in front of Town Engineer Kevin Maher’s home on North Central Highway.
The neighborhood conflict got ugly when Building Inspector William Sheehan rescinded a zoning violation issued to Erich and Kimberly Von Hein, who own 133 N. Central Highway. The citation was for overgrown trees that blocked views at the three-way intersection of North Central Highway and Sullivan Drive.
Maher, who lives across the street from the Von Heins, appealed Sheehan’s decision to the town’s Zoning Board of Appeals, arguing that he has standing before the board as an affected citizen as well as town engineer.
The board upheld Sheehen’s decision, on the basis that Maher had no standing.
In his recent decision, Acting Supreme Court Justice Victor Alfieri denied the town’s motion to dismiss the case, annulling the board’s resolution that upheld Sheehan’s decision. He also ordered the matter to be further processed by the board.
Brian Nugent, attorney with Feerick Lynch MacCartney, who represents the zoning board, said after denying the town’s motion to dismiss, the judge should have given Stony Point an opportunity to respond to Maher’s allegation.
“Instead, the court granted the petition … and just sent it back to the ZBA,” Nugent said. “We disagree with that.”
Nugent said the town will review the decision closely to decide on whether to appeal it.
Maher and his attorney, Kevin Conway, did not return phone messages requesting for comments.