I FOILed for a copy of the letter from the attorney representing Jean D’Agostino, the owner of 39 Murphy Lane. Ms. D’Agostino is being represented by James A. Fauci of Ballson Spa. I am including the full text of the letter below. As I understand it, he basically argues that she is not prohibited from building the structure up to the sixty feet permitted in a UR-3 zone because according to Mr. Fauci the resolution granting the original variances was “unconditional” and therefore set no limits on height. He also noted that the building inspector prior to issuing the stop work order visited the site and he alleges that the visits “included the inspection and approval of the now existing foundation, second floor, and roof.”
It will be interesting to see how the ZBA responds to this. Having asserted that D’Agostino was required to get a height variance, the ZBA had asked the Design Review Commission to assist in trying to address recreating in some manner the original barn. Dismissing the need for the additional variances and claiming she can build as high as the 60 feet that zoning permits certainly is a game changer.