001
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TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
Wednesday, July 07, 1999
Viktor Elezovic
2 Hillside Lake Road
Wappingers Falls, New York 12590
RE: 8 LARISSA LANE I GRID# 6358.03.277438
Mr. Elezovic:
In response to a tenant complaint, an inspection of the aforesaid property, of
which you are owner thereof, was conducted by myself and Building
Inspector Paul Foody on July 6th, 1999.
Your structure is assessed as a single family dwelling and is located in an R40
district. Our inspection shows that without the benefit of any required
building permits, certificates of occupancy, Planning Board and Zoning Board
approvals and or applications you have converted the basement of the
structure into an a 2 bedroom apartment with a living room, kitchen and fire
place, which is totally separated from the first and main floor. This illegal
apartment is occupied by the Pagan family.
Town of Wappinger Zoning Law Section 420.1 does not permit a two family
dwelling in an R40 district. Section 530.1 further prohibits use of a structure
without a certificate of occupancy while Section 520.1 prohibits altering a
structure without the benefit of a building permit.
You have KNOWINGLY violated the above.
Attached herewith you will find a Stop Work which orders the illegal
apartment vacated upon receipt of this letter. In addition you are being
issued a summons for the illegal conversion and alteration of the structure
without a permit.
Each day that you fail to vacate the aforesaid apartment a summons will be
issued.
07/07/99 3 :40 PM
8 Larissa Lane
illegal apartment
Building Inspector Paul Foody will also be sending you violation notices
regarding the construction of you deck and Inground swimming pool.
By copy of this letter, the occupants of the apartment are being made aware
of the order to vacate the apartment forthwith.
You will also be required to obtain a building permit for.the work completed in
the basement relating to the heating unit and electrical that was installed as
well as the bathroom and all plumbing. The kitchen and all kitchen fixtures
will be required to be removed from the dwelling and the stairway that
originally connected the main portion of the structure to the basement will
have to be replaced.
The Town of Wappinger Town Board and Attorney to the Town are being
made aware of this illegal alteration and conversion.
YO~~
Mark Liebermann - AI Zoning Administrator
Fire Inspector
Copy:
Honorable Constance O. Smith - Town Supervisor
Town Board Members
Elaine Snowden - Town Clerk
Albert P. Roberts - Town Attorney
Linda Tasadfoy - Town Assessor
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297.6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
ORDER TO REMEDY VIOLATION
Date: 7/7/99
TO: Voktor Elezovic
2 Hillside Lake Road
Wappingers Falls, NY 12590
CASE#99- 9077
PLEASE TAKE NOTICE that there exists of violation of Section :420.1
[X] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] Local Law:
at premises hereinafter described in that:
said defendant being the owner of record of 8 Larissa Lane, Town of
Wappinger,County of Dutchess, New York, did covert a single family dwelling which
is located in an R40 district to a two family dwelling by constructing an apartment
in the basement of said dwelling, which is separate from the upper portion of the
house and is occupied by renters. Two family dwellings are not permitted in an R
40 District. Apartment is to be removed forthwith.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply vyith the law and to
remedy the conditions above mentioned forthwith on receipt of this order.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 8
Larissa Lane Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6358.03.277-YjS'
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
BY:;J/ZJr~
Mark J. Lieberman
Fire Inspector 1 Zoning Administrator
TOWN OF WAPPINGER
ZONING DEPARTMENT
20 MIDDLEBUSH ROAD
P.O. BOX 324
WAPPINGERS FALLS. NY 12590-0324
TELEPHONE: (914) 297-6257
FAX: (914) 297-4558
CONSTANCE O. SMITH
Supervisor
ORDER TO REMEDY VIOLATION
Date: 7/7/99
TO: Viktor Elezovic
2 Hillside Lake Road
Wappingers Falls, NY 12590
CASE#99- 9077
PLEASE TAKE NOTICE that there exists of violation of Section:530.1
[X] Town of Wappinger Zoning Law
of the [ ] Town of Wappinger Building Ordinance
[ ] Town of Wappinger Fire Prevention Ordinance
[ ] NYSI Uniform Fire Prevention and Building Code (9NYCRR)
[ ] Local Law:
at premises hereinafter described in that:
said defendant being the owner of the aforesaid property is permitting the Pagan
family to use and reside in the basement apartment which was converted without
the benefit of a building permit and has no Certificate of Occupancy. Said basement
apartment is to be vacated upon receipt of this order.
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to
remedy the conditions above mentioned forthwith on receipt of this order.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at 8
Larissa Lane Town of Wappinger, County of Dutchess as shown on TAX MAP
NUMBER: 6358.03.277~.??
FAILURE TO REMEDY the conditions aforesaid and to comply with the applicable
provisions of law may constitute an offense punishable by fine or imprisonment or
both.
B~L~
Fire Inspector 1 Zoning Administrator
STATE OF NEW YORK
JUSTICE COURT
COUNTY OF DUTCHESS
TOWN OF WAPPINGER
The People of the State of New York
against
VIKTOR ELEZOVIC
2 Hillside Lake Road
Wappingers Falls, NY 12590
defendant
INFORMATION
CPL 100.15
I, MARK J. LIEBERMANN, the complainant herein, am the Fire Inspector,
Code Enforcement Official of the Town of Wappinger, with my office in the
Town Hall, Town of Wappinger, 20 Middlebush Road, Wappinger, New York.
I hereby accuse VIKTOR ELEZOVIC, the defendant in this action, and charge
that on or about the 6TH day of JULY 1999, AT: 8 LARISSA LANE, in the
Town of Wappinger, County of Dutchess, State of New York, said defendant
did commit the violation of construction and alteration without a
building permit contrary to the provisions of Section 21 subdivision A
OF THE Town of Wappinger Building Ordinance in that: SAID
DEFENDANT IS THE OWNER OF RECORD OF 8 LARISS LANE AND SAID
DEFENDANT DID ALTER AND CONSTRUCT SAID STRUCTURE IN THAT HE
CONVERTED THE BASEMENT INTO A TWO BEDROOM APARTMENT,LIVING
ROOM AND KITCHEN WITHOUT THE BENEFIT OF A REQUIRED BUILDING
PERMIT
The foregoing factual allegations are based upon personal knowledge and/ or
information and belief:INSPECTION BY DEPONENT AT TENANT REQUEST
WHEREFORE, Appearance Ticket #588 was issued directing said defendant
to appear on the 10TH day of AUGUST 1999 at 10:00 AM in the Town of
Wappinger Justice Court.
Affirmed under the penalty of perjury
this 7TH day of JULY 1999
0fM~
Mark J. Liebermann - Complainant
FALSE STATEMENTS MADE HEREIN ARE PUNISHABLE AS A CLASS! A
MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE NEW YORK STATE PENAL
LAW.
.------------------------------------------------------
TOWN OF WAPPINGER NO _ _ 588'
APPEARANCE TICKET -
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c:-..... YOU ARE HEREBY NOTIFIED to appear personally in
~ the Town Court of the Town of Wappinger, located at the
'-I' Town Hall, Middlebush Ro54....Wappjoger Falls, New York,
a--. on thh /0 day of ~tl~ I
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to answer a charge of
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in violation c(Dpart ,;2 / tA)
of the ";:&1,0 ~t: WlJpf1MSE~ l3I.,dtll6- {)((J ·
of the State of New York/Town of Wappingj-' ~ .
Violation location 8 {.19f?J5SA t-fjJ.}E.
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UPON YOUR FAILURE. TO APPEAR AS ABOVE
DIRECTED A W ARRANT MAY BE ISSUED FOR YOUR
ARREST.
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White _ Defendant Yellow - Court Pink - Code Officer
, . .
00 P 0 S TED 0 R D ER 00 DO NOT REMOVE
OFFICE OF THE ** FIRE INSPECTOR/~NING ADMINISTRAT(>>L)
Town of Wappinger 20 Middlebush Rd. Wappinger,New York
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[J STOP WORK ORDER
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, ZONING ADMINISTRATOR
297-6257