A better way?
Developer challenges Marlborough planners on road siting

by Craig McKinney Highland Mid Hudson Post February 16, 2006

The First Amendment - use it or lose it.
John Indelicato, in the middle of a dispute with town officials over his bid to build a home on a piece of land that has two rights-of-way dating back to the 19th century onto New Paltz Road but no direct access, has decided to use his free-speech rights to air his grievances in a most public way. He's placed signs on his pick-up truck which take the Lloyd Town Board to task for funding an appeal of a recent state Supreme Court decision that ordered the Lloyd Zoning Board of Appeals to decide one way or another on Indelicato's variance request.
Indelicato's signs take aim at Town Councilman Mark Elia and Town Supervisor Robert Shepard. One sign says, "Buy Hannaford's Meat! Councilmen's Filet is Baloney to Life-Long Lloyd Landowners!." (Elia owns Elia's Meat Market.) Indelicato's other sign says, "Supervisor & Deputy Dawg Unfair To Lloyd Landowners."
"I am not taking on any one board member, individually," Indelicato said. "My signs are commenting on the board as a whole that chose in December to use taxpayers' money to appeal [Justice E. Michael] Kavanagh's decision that would allow me to build a single-family home on 17 acres of residential property that has been severed from the public New Paltz Road by the Highland Rail Trail. Therefore I have no road frontage." Per his "filet" sign, Indelicato said that it now says "councilmen" and no longer says "councilman" and refers to the "baloney" decision that the board made in appealing his case.
Indelicato said wherever he goes in Lloyd, "I get thumbs up" from people who support his right to use his land. He said this debate is in essence about his ability to use his land.
He said he has owned his parcel for 30 years "and I can't do a thing with it but pay taxes, while our town board members can go home every night to their homes with their loved ones, on their lots, which they can use."
Indelicato said that Zoning Board of Appeals Chairman Glen Nelson has promised that the ZBA won't make a decision without a court case. Indelicato has already spent over $10,000 of his money just to attempt to get the ZBA to make a decision.
The ZBA contends that it cannot rule on Indelicato's request because, under Section 280A of the state law, a person cannot build a house on a lot which does not have frontage. The ZBA made a decision that it could not make a decision and Kavanagh ruled that the ZBA should make a decision where it weighs all of the information.
"Judge Kavanagh said the ZBA ruled contrary to law when they adopted their resolution that they were not the proper board and did not have the authority to grant my variance. Judge Kavanagh vacated the ZBA's resolution and since they had not created the weighing process."
Initially the town was defended by attorney Randy Belkin, who represented the town's insurer, Selective Insurance Co. Now the town is also employing ZBA attorney Dominic Cordisco to assist in preparing the appeal.
Shepard questions why Indelicato has an issue with the town board when it is the zoning board which is appealing the case. He also is concerned because the signs could be unfairly hurting Elia's business. Shepard does not like that a person could get hurt because they seek to serve the people of their town. He said former Councilman William Halstead's drug store business was also hurt during his one term on the board.
"I was quite concerned why he is attacking my business," Elia said. "If he wants to attack me as a councilman, go ahead and do it, and as a councilman I have no interest either way in this case, because this is a zoning board issue. ... This is not my issue. I don't know why he is singling me out. ... I think it has hurt my business."
Elia's attorney, Todd Stall, has written Indelicato asking him to "cease and desist" using the signs "or he is threatening that other actions may result against me," Indelicato said. He said as long as the town board takes a proactive action to stop him from using his property he will respond in kind. All he wants is a decision by the town's ZBA.
"I am not attacking Mr. Elia's business at all," Indelicato said. "There is absolutely nothing in my sign that pertains to Mr. Elia. I am protesting the complete failure of town officials to represent the interests of Lloyd landowners that have voted them into their office. If there is anything in my sign that may pertain to Mr. Elia it is to his position as a town councilman, only."
Indelicato also is concerned about the way that the town board has been treating Carmine Iadarola Jr. and Lorrie Place, who were completing a home on a lot off of Blue Point Road, which too was connected to a road by a right-of-way, and which also has no frontage on a road.
Indelicato said what the town board, including Shepard and Elia, has done to them by putting a stop work order on their finishing a home that is 90 percent complete is wrong.
"Carmine Iadarola's son, Joseph, is going to Iraq to fight to protect our rights and right here in the Town of Lloyd we have a town board that is taking those rights away from his father."
Indelicato continued, "Here in the United States we have the right to life, liberty and the pursuit of happiness, but in Lloyd we have a board which is seeking to take away those rights from the people and feel that these rights only apply to them."
Shepard said Indelicato's anger is misplaced. "This is a zoning board, not a town board issue. I don't know why he is trying to hurt Mark." Shepard said as a town board member, "we serve all of the people and not just the few. Our decisions have to be made for the benefit of the whole town. ... The zoning board members have been there a long time and are well-experienced and volunteer their time for the good of the community." Shepard said, "This is a great country where you can have free speech and signs are an expression of free speech."

AREA NEWSPAPER
CONTACT INFORMATION

ULSTER/ DUTCHESS

Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
(845) 454-2000
For an on line letter to the editor. Fill out this form

ULSTER COUNTY

Saugerties Times
Monday deadline
P.O.Box
Phone:334- 8200
FAX your letter 334-8202
saugertiestimes@ulsterpublishing
(Attention Erica Freudenberger, editor)
P.O.Box 3329
Kingston, NY 12402

Albany Times Union
Times Union
90 State Street
Albany, NY 12207
(518) 454-5091
For an on line letter to the editor. Fill out this form

COLUMBIA COUNTY
The Independent
Indenews (online)

P.O. Box 360
Hillsdale, NY 12529
Phone (518) 325-4400
FAX (518) 325-4497
Parry Teasdale, editor

letters to editor require form through website

***NOTE: Our websites make an effort to glean info for our readers from local papers. This is no way a substitute for subscribing or picking up a local paper. We gratefully acknowledge the efforts local newspapers and publications make to our community.