Loading...
1996-09-19 r ""', '. fJ2~ SUPPORTING DEPOSITION ATTACHMENT OF FRED CARUSO, GIVEN THIS September , 1996 I, FRED CARUSO, OF 155 Rosewood Drive, Wappingers Falls (Town of Wappinger) state the following: I have been a full time resident of 155 R'Osewood Drive for over J..1years. I purchased the land for this house in 19 i/and built my present one family home that year/ the following year. I am a carpenter and builder by training and experience. I also served as an airplane engine mechanic supervisor during World War II and am familiar with many power tools and automotive repair techniques. I have checked the requirements for this vicinity and believe that the zoning ordinance restricts usage of my property and all adjoining and nearby structures and properties to strictly residential uses. This statement concerns the property directly across the road from me at 152 Rosewood Drive. At 152 Rosewood Drive, from my home and from public roads J have observed, seen, listened, and photographed over the past many years dating at least back to 19tjfhe conduct described below. Specifically, I have observed and am prepared to offer further testimony and details and my own photographic evidence of a long series of cars, trucks, lawn mowers, snow blowers, grass trimmers, chain saws, out board motors, and other equipment which has been moved in an out of 152 Rosewood property for repair, painting for repairs on a fee basis or for resale. Repair operations include but have not been limited to: spray painting, hammering of metal, welding, sanding or grinding with power tools. There has also been frequent stopping and starting of various engines. There has been frequent stopping and starting of various power tool equipment. I have no direct evidence of the repair prices and sale transactions but I have observed the license plate numbers of some i" r motor vehicles that have been left for repair or have dropped off lawn mowers or other equipment on one day and returned to pick up the same equipment on a subsequent day. This list of motor vehicles frequenting the premises is attached to this deposition. My concern about the activities occurring across the road from my residence extend also to the fact that the types of activities undertaken at this property generally involve the generation of air and solid waste contaiminates, and waste oil regulated under health and safety law. Conduct of the activities violative of zoning ordinances is not known to the proper health and safety authorities and therefore is not subject to normal inspection and regulatory review. This presents and unneeded and unreasonable risk to well water supplies, the air quality, and the peaceful enjoyment of homes in the neighborhood. /!,~~ 9'-ltf-96 RECEIVED ~fJ \ ~ ~\ I q ~ q It' SEP 1 9 1996 ELAINE SNOWDEN TOWN CLERK OFFICE OF THE ZONING ADMINISTRATOR TOWN HALL 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NEW YORK (914) 297-6257 +++++++++++++++++++++++++++++++++++++++++++++~++~++++++++++++++++++++++++++++++++i TOWN OF WAPPINGER DUTCHESS COUNTY,NEW YORK CASEI lll~ :MJ~ BOX 324 l~r/f6 12590-0324 ORDER TO REMEDY VIOLATION , . Date SEPT. 12 ,19~ TO MICHAEL & JOAN KASMt!WITZ I . 152 ROSEWOOD DRIVE W~PINGER FM.LS, NY 12590 PLEASE TAKE NOTI CE there exists a violation of Section of the TOKn of Wappinger [] Zoning Ordinance [X] Local Law # [] Other Applicable Laws,Ordinances or Regulation ART A?O 1 (1~ Awn 1R) at premises hereinafter described in that: IT ~PE~ YOU ARE CONDUCTING! C!R MID SMM.L ENGINE REP!IR BUSINESS FROM YOUR HOME. BE ADVISED THIS IS CONTR!RY TO OUR TOWN LMlS. ! HOME OCCUP!TION DOES REQUIRE! "SPEC I AL USE PERMIT" ~PROVED BY THE PLANNING BOARD. THE STORING OF UNREGISTERED VEHICLES IS ALSO CONTR!RY TO TOWN L!WS. YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the la\v and to remedy . IMMEDI!TE the conditions above mentioned forthwith on or before the day of ,19____ The premises to which this ORDER TO REMEDY VIOLATION refers are situated at # 152 ROSEWOOD DRIVE NUMBER ,Town of Wappinger,County of Dutchess as shown on TAX ~~p FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or both. By: Title: DATE March 7, 1987 March 14, 1987 April 20, 1987 April, 1987 May 24, 1987 June 8, 1987 Summer, 1987 Oc t . 5, 1987 *Repeat . , DESCRIPTION LICENSE PLATE Grey 4 door Red Chrysler 2 door Two-tone Brown White Chevy Sedan White Jaguar 684 ITE 1535 B.A.K. 949 R.T.X. DCK 250 DAF 339* 611 DAI J.C.123 DVJ 776 DUU 629 Blue car White Cadillac Berlitz Chevy Laguna Volkswagon delivered Toyota 4x4 truck Chevy sedan black & white White Jaguar repeat Grey 4 door Worked on tractor repair CAR CAR Ford Monte Carlo white Ford Pickup Jeep full size DTZ 774 DAF 339* 684 ITE DSC 583 PHK 894 5622 APU DTF 839 LZ 1542 DVN 707 Page 1 DATE Feb. 28, 1989 March 10, 1989 March 10, 1989 June 30, 1989 June 30, 1989 Summer, 1989 July 3, 1989 July 11, 1989 Aug. 8, 1989 Aug. 15, 1989 Aug. 28, 1989 & Aug. 30, 1989 Aug. 29, 1989 & Sept. 29, 1989 Sept. 27, 1989 Oct. 5, 1989 Oct. 10, 1989 Oct. 13, 1989 Oct. 26, 1989 Nov. 2, 1989 Nov. 11, 1989 Nov. 11 , 1989 Nov. 18, 1989 Nov. 27, 1989 Nov. 29, 1989 * Repeat DESCRIPTION Ford Pickup Blue Pickup Car Cars Reconditioned a Citation Car Worked on tractor repai Pickup Volks Brake Job DHE 339 towed by vehicle Delivered lawn tractor on trailer Jeep Wagon Brown station Wagon Delivered yellow motor bike 2 cycle on trailer Picked up snow thrower Delivered lawn tractor on trailer Blue pickup, white cap Red Chrysler Chevy Laguna (Neighbor) Delivered white motor bike LICENSE PLATE MAS 9035 TXJ 640 AVT 640 DHE & PMJ866 YKJ 345 AVT 474 DCA 823 PKV 330 DGD 447 DVN 707* DHE 339* TXJ 640 DJY 553 on trailer Red Pickup MB 5357 Car (Neighbor) PGB 264 CAR DJE 831 Page 2 DATE Jan. 11 , 1990 Jan. 14, 1990 Jan. 1 6, 1990 Jan. 17,1990 Jan. 18, 1990 Jan. 24, 1990 April 21, 1990 May 9, 1990 May 14, 1990 May 24, 199 June 5, 1990 June 5, 1990 June 8, 1990 June 13, 1990 June 18, 1990 June 19, 1990 June 21 , 1990 June 21 , 1990 June 25, 1990 July 2, 1990 July 6, 1990 July 9, 1990 *Repeat DESCRIPTION LICENSE PLATE Blue Car DYB Delivered lawn mower in car trunk DGD 447 Chevy blue-white Blazer Worked on brown van Worked on small station wagon Jeep Wagoneer DVN 707* Delivered red tractor on trailer Two mowers delivered by brown station wagon Worked on blue Volkswagon Reddish Laguna Chevy (Neighbor) White pickup EJ 4667 Broad horizons Landscaper* delivered gas trimmer Red pickup White Toyota Ford Pickup Delivered a riding mower & picked up one Delivered grey mower on trailer Picked up hand mower and riding mower with trailer Delivered riding mower on trailer Volkswagon Beetle Delivered high two-wheeler Brown Chevy van body work,left rear Delivered by owner of Volks Beetle DCA 823* LS 3059 PHE 389 FVH DCA 823* Page 3 DATE July 13, 1990 July 14, 1990 July 17, 1990 July 19,1990 July 24, 1990 July 25, 1990 July 26, 1990 July 29, 1990 Aug. 3, 1990 Aug. 7, 1990 Aug. 10, 1990 Aug. 13, 1990 Aug. 25, 1990 Aug. 29, 1990 Sept. 6, 1990 Sept. 11, 1990 Sept. 12, 1990 Sept. 18, 1990 Sept. 19, 1990 Oct. 1 , 1990 Oct. 2, 1990 Oct. 11 , 1990 Oct. 18, 1990 Oct. 18, 1990 Oct. 20, 1990 Oct. 22, 1990 *Repeat DESCRIPTION LICENSE PLATE Delivered mower on tractor Riding mower delivered by red pickup Worked on yellow Volks Van Worked on Chevy van - Man in Volks Beetle DCA 823 picked it up* Worked on black van Picked up large grey sedan JC 123 Chevy Chevelle Blue Wagon DSS 526 Repaired neighbor mower tractor - Road to house Worked on yellow Volks Van delivered by owner of Beetle DCA 823* Worked on small tan station wagon Chain saw picked up by Broad Horizons* Red pickup LS 3059 Worked on white Ford FVG Red pickup picked up lawn tractor Worked on red pickup LS 3059 Rotary mower picked up by white sedan Maroon Olds station wagon MHV 986* Red late model small car BWP 447 Repaired Subaru station 4YT 234 wagon Repaired maroon station wagon MHV 986 * Repaired rotary mower Repaired 3 rotary mowers, delivered same Delivered snow blower in trailer Black van repaired YKJ 345 Repaired lawn tractor (neighbors) Small station wagon, tan/beige DHE339 Page 4 DATE Oct. 24, 1990 Oct. 26, 1990 Nov. 1, 1990 Nov. 19, 1990 Nov. 22, 1990 Dec. 5 , 1 990 J an . 1 7, 19 91 Feb. 4, 1991 Feb. 12, 1991 Feb. 15, 1991 Feb. 23, 1991 Mar. 9, 1991 Mar. 11, 1991 Mar. 1 2, 1991 Mar. 16, 1991 Mar. 21, 1991 April 21, 1991 April 26, 1991 April 29, 1991 May 7, 1991 May 1 0, 1991 May 11, 1991 May 1 6, 1991 May 21, 1991 May 23, 1991 *Repeat DESCRIPTION LICENSE PLATE DCA 823* Volks Beetle Delivered mower on trailer Tan Olds JMJ-MCK Small red car PMG 866 Picked up by man in black Chevy Blazer Black Chevy van YKJ 345 * Repaired Volvo left front body work (Neighbor) Blue pickup TXJ 640* Repaired red & white Blazer Brown & Tan station wagon DHE 334 Repaired Chevy Blazer 2XZL 951* Red Ford pickup delivered yellow riding tractor to be fixed Row boats were delivered, hulls to be repaired, painted. Worked on white pickup Worked on blue pickup TXJ 640* Delivered metal row boats on trailer Worked on black Chevy Blazer 2XZL 951* Owner of Volks Beetle DCA 823* Red Chevy pickup LS 3059 Broad Horizons picked up trailer* flashers were repaired. Repaired high wheel mower, also mowing tracter, delivered them also Repaired tan station wagon DHE 339* Repaired riding mower, neighbor Repaired hand mower Repaired large rotary power mower Large brown Blazer Suburban 4DJ 993 Repaired chain saw Page 5 DATE May 24,1991 May 25, 1991 May 31, 1991 June 6, 1991 June 11,1991 June 20, 1991 June 25, 1991 July 1 , 1991 July 6, 1991 July 9, 1991 July 22, 1991 July 27, 1991 Aug. 8, 1991 Aug. 10,11,12, 1991 Aug. 19,20,1991 Aug. 28, 1991 Aug. 29, 1991 Sept. 7, 1991 Nov. 11 , 1991 Nov. 18, 1991 Nov. 19,1991 Nov. 21, 1991 Nov. 24, 1991 *Repeat DESCRIPTION LICENSE PLATE Delivered lawn tractor on trailer Repaired push type lawn mower & two cycle engine chain saw Repaired brown Suburban Red Ford station wagon repaired; delivered by owner of Chevy Blazer 2XZL 951* Repaired Red Ford and mower DUR 770 Repaired black van, doing body YKJ 345 work, painting, sanding, etc. Delivered a mower on trailer Repairing mower, heard air impact wrench on tractor Delivered mower riding on trailer Repaired large brown van DSE 583 Repaired small black car 2 days also mower 4DJ 993 DVR 770 Blue Yolks wagon (7:30 AM) DCA 823* Repaired black sports car Worked four days on car - Zoning officer ignored it Repaired black van body work YKJ 345* hammering, grinding, sanding. Zoning officer ignored the work Chevy Jimmy White Broad Horizons picked up mower* Worked on mowers LS 3059 PMG 866 Repaired red pickup Chevy Repaired small car, jacked up ( brake job) Chevy Pickup blue body, White cap towed by a 4WD Pickup Repaired small red car Repaired maroon Yolks van BMP 447 Page 6 DATE Dec. 12,1991 J an . 4, 1992 Jan. 5, 1992 Jan. 8, 1992 J an . 1 5, 1992 J an. 1 5, 1992 March 9, 1992 March 11, 1992 April 20, 1992 April 21, 1992 May 4, 1992 May 10, 1992 May 16,1991 June 5, 1992 June 8, 1992 June 8, 1992 June 16, 1992 June 17, 1992 June 24, 1992 June 27, 1992 July 25,1991 Aug. 2, 1992 Aug. 5, 1992 Aug. 14, 1992 - Sept. 22, 1992 *Repeat DESCRIPTION LICENSE PLATE Repaired two small cars Repaired a small engine Repaired small car (exhaust) Repaired blue sedan Repaired small sedan Repaired small station wagon Repaired Blazer Repaired car Repaired boat trailer Repaired boat, Number NY 1206 F.M. Repaired mower deck Repaired grey Jeep wagon Blue van pickedup mower and tractor Repaired small gray sedan CDV 217 Repaired grass trimmer and red mower Repaired lawn tractor Repaired Dodge pickup Repaired small black car Repaired neighbors tractor Repaired tractor and garden tiller Volkswagon GOLF, jacked up front end work. Notified Zoning Officer, looked, no citation Repaired large boat on trailer NY 4045 Blue Olds, (Neighbor) Called Zoning Officer, Kasakawitz was working on car. Five minutes before Zoning came, work ceased and left. Kasakawitz resumed work as soon as Zoning officer left. Auto repaired this period DCA 897 GJC 516 2XZL 951* YKJ 345 NWN 834 GDV 396 MT 8937 DUF 797 H2S 625 Page 7 DATE Aug. 17, 1992 Aug. 26,1991 Sept. 9, 1992 Sept. 10, 1992 Sept. 13, 1992 Oct. 22, 1992 Oct. 29, 1992 Nov. 9, 1992 Nov. 25, 1992 Nov. 25, 1992 Nov. 30,1992 Dec. 3, 1992 Dec. 14, 1992 to Dec. 16, 1992 Dec. 23, 1992 Jan. 5, 1993 Jan. 26, 1993 Feb. 1, 1993 Feb.10, 1993 Feb. 21, 1993 Feb. 27,1993 March 8,1993 March 30, 1993 March 31, 1993 *Repeat DESCRIPTION LICENSE PLATE XXC 191 Car Repaired grey aIds on jacks, also yellow tractor Repaired small station wagon DVH 348 Repaired car, brown vinyl rear roof Repaired car, black Repaired Neighbor's car 9DJ Blue Ford pickup, picked up a leaf blower Repaired red Ford UTK 765 Repaired small red station wagon GJC 516 Repaired green car J3Y 931 Repaired black Corvette DHY 348 Repaired small red station wagon Repaired engine, etc., vaccumed interior Body work on car, hammmering, sanding, painting LTL-APL UTK 765* Repaired station wagon Repaired Ford Vic Brazing, grinding,& drilling Repaired neighbor's car Repaired high boy lawn mower Repaired blue Ford pickup Sanded, painted two rowboats Repaired maroon sedan Repaired Neighbor's car saw her walking home Repaired Subaru 352 LRD Page 8 DATE 5, 1993 April 19, 1993 April 19, 1993 April 21 , 1993 April 26, 1993 April 27, 1993 & Apr. 28, 1993 May, 1, 1993 May 5, 1993 May 13, 1993 May 1 5, 1993 May 15, 1993 May 16, 1993 May 17, 1993 May 21 , 1993 June 29, 1993 June 30, 1993 July 19, 1993 July 26, 1993 Aug. 4, 1993 Aug. 9, 1993 Aug. 18, 1993 Sept. 3, 1993 Sept. 9, 1993 Sept. 9, 1993 Sept. 13, 1993 *Repeat DESCRIPTION LICENSE PLATE April Repaired tractor and gas trimmer Painted red car UTK 765* Repairing mower, heard air impact wrench Loaded tractor mower on trailer His Dad helped him & covered it Tested a mower several times & loaded in Bronco Put out junk for pickup by town, 6 mower shells, exhaust pipes, mufflers, and brake drums Ford pickup, picked up a repaired mower DNA 765 Painted a car Picked up two grass trimmers & delivered one Worked 2 hand mowers at 6:30 AM PM. Repaired orange tractor mower Delivered orange mower Repairing riding tractor mower Repairing riding tractor yellow Repaired blue pickup, brakes IS 3884 Delivered row boat Repaired aIds station wagon Red pickup, rear wheels Repaired neighbor car, took wheels to shop Body work on car,painting Repairing blue pickup Repairing black pickup Multiple repairs on blue pickup Repaired aIds Repaired blue van neighbor DGV 283 UTK 7650 IS 3884 DYJ 321 DVJ 776 Page 9 DATE Sept. 20, 1993 Sept. 23, 1993 Sept. 28, 1993 Sept. 28, 1993 Sept. 29, 1993 Sept. 29, 1993 Oct. 4, 1993 Oct. 6, 1993 Oct. 14, 1993 Oct. 27, 1993 Oct. 29, 1993 Dec. 1, 1993 Feb. 12, 1994 Feb. 21, 1994 Feb. 22, 1994 March 18, 19, 1994 March 22, 1994 *Repeat DESCRIPTION LICENSE PLATE Ford pickup, extended cab. Removed rear wheels to machine drums. Finished job 9-23-93 Repaired rust colored Ford* Crown Victoria Ford returned for adjustments* Picked up snow thrower Worked on snow thrower. Heard hammering and banging to loosen parts. Kept trying to start engine, then made adjustments to engine Repaired chain saw, heard noise, then smoke Repaired red Dodge pickup Repaired red car Repaired Ford Bronco, worked left front wheel. Extended cab Repaired snow thrower, stopping & starting to make adjustments Repaired large Ford, rear doors. Repaired small car left front Repaired snow thrower on a pickup truck Repaired a blue car Repaired a black car Repaired red car, saw smoke during tuneup Picked up lawn mower riding tractor Page 10 DATE April 11 , 1994 April 1 4, 1994 April 1 5, 1994 April 16, 1994 April 17, 1994 April 18, 1994 April 23, 1994 May 10, 1994 May 25, 1994 June 11, 1994 June 11, 1994 June 14, 1994 June 27, 1994 June 27, 1994 *Repeat DESCRIPTION LICENSE PLATE photo of row boat No.38121 Picked up riding tractor on trailer Delivered riding tractor mower on trailer Repaired trunk lid on car Repairing riding mower at 8:45 AM a Sunday Repairing riding mower tractor with a grass pickup. Heard hammering and banging. Have a photo of junk for pickup tail pipe, mufflers, tires, & mower shells. Repairing two cars, a small red compact & a jeep-like vehicle. Used air hammer and pounding. Called Zoning Officer. A Bronco left just before Zoning Officer came up. Tipped off again. Delivered yellow garden tiller Delivered a riding mower Repairing a small engine block Heard hammering & compressed air wrench. Delivered the engine block that day. Repairing a machine, rattling of wrenches. Delivered a riding tractor Riding tractor was returned by two mem in a blue Ford pickup Page 11 DATE June 28, 1994 July 1, 1994 July 3, 1994 July 4, 1994 July 1 3, 1994 Oct. 15, 1994 DESCRIPTION LICENSE PLATE Repairing a tractor mower at 6:30 AM. The mower that was delivered on June 27, 1994 was tried out, then delivered on trailer Picked up a tractor mower on trailer Repairing a small car Repairing a mower, stopping, starting to make adjustments. Repairing a car Repairing a blue Ford pickup Front end was up on jacks. Heard compressed air wrench. Nov. 3, 1994 Heard machine being tested. Nov. 3, 1994 Spoke to accessor about con- ditions, no hope. Nov. 6, 1994 Postman picked up a chain saw Nov. 9, 1994 Repairing a red Ford sedan J an. 7, 1995 Jan. 1.1, 1995 Feb. 1, 1995 Feb. 10, 1995 Feb. 11, 1995:t Feb. 12, 1995 *Repeat Repaired a machine in garage. 200 temp., using gas heater Machine loaded to be delivered. 9:30 AM Repaired a machine Delivered a snow thrower to neighbor on Rosewood Drive A man in a large van helped to repair a machine Received a chain saw to be repaired GBD 701 Page 12 DATE Feb. 17, 1995 Feb. 18, 1995 March 11, 1995 Narch 26, 1995 March 29, 1995 May 13, 1995 May 14, 1995 May 17, 1995 DESCRIPTION LICENSE PLATE Repairing a Ford pickup (old customer) Repairing a yellow riding mower Repairing lawn mower, supported on two saw horses, 8:45 AM Owner of Ford pickup brought a machine to be fixed. Repaired machine, heard compressed air wrench, also stopping & starting of engine. Repaired red riding mower to be delivered. Repaired blue car in front of garage Prepared car to be painted. Rear spoiler was primed for first coat. June 14, 1995 Repaired 2 Olds 5DS 378 front end jacked up. Working on 2 riding mowers, also push type. Repairs mowers almost every day June 18, 1995 Repaired Toyota (neighbor) June 20, 1995 Repaired blue Ford pickup IS 3884 July 15, 1995 Smelled banana oil three August 27, 1995 *Repeat mornings in a row. Observed newly painted boat, Removed with trailer 6947AD Red Ford pickup helped with 1957 station wagon. Page 13 DATE Sept. 4, 1995 Oct. 25, 1995 Oct. 26, 1995 Nov. 14, 1995 Dec. 2, 1995 DESCRIPTION LICENSE PLATE Green station wagon jacked up Labor Day hear compressed air wrench Repaired mower Repaired Nisson station wagon Repaired car on side of garage Repairing 2-door aIds Feb. 20, 1996 Gave estimate on white car front end damaged. H 77-8KD Feb. 22, 1996 Repaired red aIds sedan (neighbor) S8Z 326 Feb. 23, 1996 Repaired white Plymouth sedan 877 SKD Feb. 24, 1996 Received hand mowers to Mar. 25, 1996 April 1, 1996 April 1, 1996 April 6, 1996 April 16, 1996 April 27, 1996 May 9, 1996 *Repeat be repaired by owner of Nisson station wagon Repaired red aIds (neighbor) Repaired rotary hand mower Repaired engine on an outboard boat. Towed by Chevy green blazer Repaired red aIds again neighbor picked up car Unloaded riding tractor, repaired and delivered on April 17, 1996 Photo of reconditioned two riding mowers in yard. Sold one. A leaf blower and a riding mower remained. Delivered riding mower C72 70V S8Z 3 S8Z 326 Page 14 DATE May 10, 1996 June 6, 1996 July 1 , 1996 July 1 , 1996 July 1 , 1996 July 7, 1996 July 15, 1996 July 21 , 1996 July 22, 1996 Aug. 1 , 1996 Aug. 9, 1996 *Repeat DESCRIPTION LICENSE PLATE Repaired Plymouth (neighbor) H77 78 KD Repaired small car picked up yellow snow thrower Picked up riding mower, tan & white Delivered snow thrower Repaired red car UK plate Repaired white car Repaired a small black car Heard air compressor impact wrench from 8 to 9PM Delivered mower on trailer Repaired a machine, heard air impactor and air spray gun to clean parts Page 15