The neighbors of 39 Murphy Lane report that they got a call from Mayor Yepsen today. The Mayor stated that the city is backing the building inspector and will not lift the stop work order at this time. According to the neighbors the Mayor and her staff met with the applicant, Jean D’Agostino, and her lawyer and informed them that they must meet the requirements as stated in the original variance. The neighbors will be meeting with the Mayor and her staff next week.
Much thanks to the people who contacted the mayor on this.
Here is the problem. The Mayor will back the building inspector. Madigan, Matheisen & Scirocco will not so there will be no enforcement. Remember the entire council must approve any legal action, expenditure of money or fine/fee.
The only way that this will be enforced is if the neighbors, or the Mayor, file an Article 78 aginst the city to force them to enforce the law under court order.
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For the moment, I think it was a good decision for J. Yepsen to not lift the stop-work order. Apparently Ms D’Agostino does not feel she needs a variance to proceed with her building plans, but the law must be enforced (after her lawyer can figure out what the law says!)
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Yes to many opinions on law…somebody in this blog should actually read it. Both side have rights and the stop work order has skirted that, after giving the go ahead. That’s not right, the critics have no $ invested in this so why not harass the builder? Because its free to harass, so if the city loses after issuing the permit and loses a lawsuit. Why would I vote for a mayor that can’t keep a new city expense being incurred with a lawsuit loss? Why can’t she see it for what it is?
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