A driveway dilemma

Rotterdam homeowner sues developer for property infringement

— Hodge said the town placed a “dead end” and “private drive” sign at least 35 years ago at the start of what is used as his driveway. He said there are “deeds upon deeds” dating back to 1877 showing ownership.

Hodge said on May 10 he and family members met with town officials on the driveway and explained the situation. Hodge claims Planning Commission Chairman Thomas Yuille said “there is definitely a mess here” and promised construction would not commence until the issue is straightened out.

On June 13, he said Yuille informed him the lot subdivision was approved, but the building permit would not be issued for a “reasonable amount of time.” Less than a week later, construction started on June 18 after a building permit was issued.

“He is digging up our driveway,” Hodge said.

Deputy Supervisor Wayne Calder said Yuille came to the supervisor’s office on June 14 and said he misspoke on the permit timeline.

“(Yuille) said, ‘I made a mistake. I said something to those people that I didn’t mean to say and I was wrong,’” Calder said.

Hodge said Pigliavento stopped work at the site after being served court papers on Tuesday, June 26.

Attorney Andrew Brick, representing the developers, said in a May 18 letter to Town Attorney Kate McGuirl, “I have been assured by Michael Pigliavento … that neither their company nor its agents or contractors will take any measure that would prohibit use of existing means of ingress and egress to parcels in the vicinity of their parcel being developed. This will remain in effect pending good faith efforts to resolve any issues between the property owners involving access rights and determining location of easements and rights of way.”

Town Councilman Robert Godlewski questioned why the project was approved when there was an apparent issue.

Calder said the town would look into the situation and get back to Hodge with an answer.

“I know that there is issues over there,” Calder said. “I’m not so sure how much control we have over it at this moment.”

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