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  1. #1
    hidden is offline Member
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    Commercial business in a residential area. Please advise.

    I live in New York.I live in a residential area in a small town . My neighbor opened a commercial business in a residential area.The business has large trucks coming and going out of the neighborhood My neighbors and I started complaining about 3 years ago. After some research we found out from the town officials in order to open a business in a residential area the person opening the business needs a variance, file papers, letters to be sent to all neighbors in a 500 ft radius.This has not been done.Fed up we starting writing letters to the town.The town officials sent me a copy of a letter sent to the business to stop the illegal business at once and follow the proper procedures. That was about 6 months ago. Business is still there not only are they still there they are now building and extending their office space and a new building has been put up. We informed the town and nothing has been done. When this business first opened the town issued building permits to renovate their garage into an office.Now I'm sure that the town has issued more building permits. We are just getting the run around. What can we do about the business?Can any legal action be taken by the residents in the area against the town? Other tax payers have to follow the rules. Please advise.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by hidden
    What can we do about the business?
    Contact your local zoning commission and ask when their next meeting is. Then show up and voice your concerns.
  3. #3
    HomeGuru is offline Senior Member
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    Quote Originally Posted by hidden
    I live in New York.I live in a residential area in a small town . My neighbor opened a commercial business in a residential area.The business has large trucks coming and going out of the neighborhood My neighbors and I started complaining about 3 years ago. After some research we found out from the town officials in order to open a business in a residential area the person opening the business needs a variance, file papers, letters to be sent to all neighbors in a 500 ft radius.This has not been done.Fed up we starting writing letters to the town.The town officials sent me a copy of a letter sent to the business to stop the illegal business at once and follow the proper procedures. That was about 6 months ago. Business is still there not only are they still there they are now building and extending their office space and a new building has been put up. We informed the town and nothing has been done. When this business first opened the town issued building permits to renovate their garage into an office.Now I'm sure that the town has issued more building permits. We are just getting the run around. What can we do about the business?Can any legal action be taken by the residents in the area against the town? Other tax payers have to follow the rules. Please advise.

    **A: you can take legal action and have your attorney file for a TRO.
  4. #4
    hidden is offline Member
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    Business in a residential area.

    I live in New York.
    Thanks for the info.What is a TRO?
    Is this something that can be filed without an attorney?
  5. #5
    HomeGuru is offline Senior Member
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    Quote Originally Posted by hidden
    I live in New York.
    Thanks for the info.What is a TRO?
    Is this something that can be filed without an attorney?

    **A: do a search Temporary Restraining Order.
  6. #6
    TheHomeGuru Guest
    Quote Originally Posted by HomeGuru
    **A: do a search Temporary Restraining Order.
    ... on Google.com
  7. #7
    hidden is offline Member
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    Can we take legal action against the town we live in?

    The owner of the business has now applied for a variance, meeting this Thursday night. He states that he wants to move his home based business to a building on her property.
    He has had that business in the other building since 1998.What majority of the property owners who received letters about the variance will it take to stop the business?
    The code enforcement officer issued permits to renovate the garage for his business in 1998 and also recently issued permits to extend the garage.He was fully aware that the business was operating out of a building other than the home. When I complained in the summer he sent me a copy of a letter which was sent to business owner stating him to stop his illegal business at once. Then the officer turns around an issues a permit to extend the garage. The code enforcement officer is on vacation until the 21st hearing is on the 16th. There is also a file which seems to be missing now. I am going on Monday to see if I can find out what file is missing. Can we as a group take any legal action against the Town we live in for turning their heads when it came to this business?
  8. #8
    JETX is offline Senior Member
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    [QUOTE=hidden]The owner of the business has now applied for a variance, meeting this Thursday night. He states that he wants to move his home based business to a building on her property.[/qutoe]
    So, show up at the hearing and express your concerns. Seems pretty simple to me!!

    He has had that business in the other building since 1998.What majority of the property owners who received letters about the variance will it take to stop the business?
    Presumably, only those that want to show up.

    The code enforcement officer issued permits to renovate the garage for his business in 1998 and also recently issued permits to extend the garage.He was fully aware that the business was operating out of a building other than the home. When I complained in the summer he sent me a copy of a letter which was sent to business owner stating him to stop his illegal business at once. Then the officer turns around an issues a permit to extend the garage.
    You have NOT provided a specific link between the garage being extended (which is likely NOT prohibited) and the business (which may be).

    Can we as a group take any legal action against the Town we live in for turning their heads when it came to this business?
    Of course you can..... if you have about $10k plus to throw away. Based SOLELY on your post, you have shown NO 'turning their heads' to the problem.
  9. #9
    hidden is offline Member
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    Town meeting should be quite firey>

    Thank you for taking the time to help. I think after Thursday night a lot of heads will turn. We are going on Monday to get copies of the building permits that were issued that is if they are not part of the folder that has come up missing. I'll let you know hwat happens.
  10. #10
    HomeGuru is offline Senior Member
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    Quote Originally Posted by hidden
    Thank you for taking the time to help. I think after Thursday night a lot of heads will turn. We are going on Monday to get copies of the building permits that were issued that is if they are not part of the folder that has come up missing. I'll let you know hwat happens.

    **A: read the zoning requirments for granting a variance. And be prepared to argue the no hardship issue.
  11. #11
    hidden is offline Member
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    I have more info on the variance, please reply.

    I live in NY_When I when to the Town to research the building permits I found that in 1998 when she was first a home business that home business was not allowed in the area I live in. She was taken to court by the town and told to move her home business. She renovated the garage then moved to the building outside. All building permits pertaining to renovations and a new building put up are not in the permit file. With the last 2 building renovations neighbors and I saw the code enforcement officer there several times. During construction. He is away for the hearing. Can we adjourn the hearing until he gets back.? Someone is not telling the truth. I think he should be there to answer some questions.
    In 2000 she (the business) filed for a permit to put a deck on the house, a sketch of the plans shows the outside building labeled an office .The enforcement officer knew she was running her business out of the building. He is away for the hearing. He will not be back until the 21st. Someone is not telling the truth. I asked about how the variance is decided. I was told 4 board members have to vote in favor. Then she and the public have a right to speak but the final decision is with the board. I asked if this was code and was told it is just a verbal regulation. As for her hardship in the variance she states that 21 employees will not have jobs and that 2800 customers will not have service. At the time of the business she had 2 children and adopted 4 children. The children she said were adopted were foster children.
  12. #12
    hidden is offline Member
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    Results of town board meeting for variance.

    The vote at the meeting yesterday was 3 to 3. They adjourned the meeting until next month for the other board members to vote because of the tie. They told us that it would be a private meeting and she could attend but the public could not.
    Last night first she spoke and was asked questions, then the public spoke. They then close the public part of the meeting and continued to ask her questions, we were not allow to speak again, only her. We could not fight back for something's that she said were untrue.
    As for the building permits we were told that the building permits had nothing to do with the variance to different issues.They could grant a variance without the proper building permits.
    She did not have a building permits to renovate the garage originally or the recent extension of the garage. The building she built also did not have a permit but she said that building was for private use. T
    The board told her to take care of all the proper paperwork and get the permits up to date as soon as possible.
    All the board members knew her joking around with her before the meeting.They also know that she operated her business there for over 8 years illegally but that did not seem to make a difference.
  13. #13
    HomeGuru is offline Senior Member
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    Quote Originally Posted by hidden
    The vote at the meeting yesterday was 3 to 3. They adjourned the meeting until next month for the other board members to vote because of the tie. They told us that it would be a private meeting and she could attend but the public could not.
    Last night first she spoke and was asked questions, then the public spoke. They then close the public part of the meeting and continued to ask her questions, we were not allow to speak again, only her. We could not fight back for something's that she said were untrue.
    As for the building permits we were told that the building permits had nothing to do with the variance to different issues.They could grant a variance without the proper building permits.
    She did not have a building permits to renovate the garage originally or the recent extension of the garage. The building she built also did not have a permit but she said that building was for private use. T
    The board told her to take care of all the proper paperwork and get the permits up to date as soon as possible.
    All the board members knew her joking around with her before the meeting.They also know that she operated her business there for over 8 years illegally but that did not seem to make a difference.

    **A: then at this point hire an attorney.
  14. #14
    JSAautomotive is offline Member
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    Get your local councilperson involved. The hearings should allow you and the public to make comments throughout the process, and if they don't, your councilperson should have the clout to make that happen. Same thing with any problems you might have with any of the local govt offices (building and safety, etc.). Get your councilperson involved.
  15. #15
    hidden is offline Member
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    Can I appeal if a Variance is granted?

    I live in NY.
    I am looking to hire an attorney,but I'm not sure if I can get things together before the next board metting.Can I appeal if a Variance is granted?

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