May 3, 2022 Special Hearing

SPECIAL HEARING

WAS HELD IN THE BOARD ROOM OF THE MUNICIPAL BUILDING

153 WEST MAIN STREET

BABYLON, NEW YORK

TUESDAY, MAY 3, 2022

PRESENT:

Mayor Mary E. Adams

Trustee Frank Seibert

Trustee Robyn Silvestri

Trustee Dominic Bencivenga

Trustee Anthony Cardali

Village Attorney Matthew McDonough

The meeting opened at 5:08 PM.

The Pledge of Allegiance was led by Trustee Seibert.

Mayor Adams noted that this special hearing [regarding 16 Lucinda Drive] was originally scheduled for April 26, 2022 and at the request of the property owner’s counsel the hearing was postponed until May 3, 2022. The mayor stated that everyone will be given the opportunity to speak at the podium. Although the Board will not be responding to any questions or comments at this time, they will be taken seriously and under strict advisement.

The mayor filed a copy of the Engineer’s report regarding 16 Lucinda Drive with the Village Clerk.

The Village Clerk read the NOTICE & SUMMONS:

_____________________________X

In the Matter of

Raymond Caliendo Docket No. 22-0001

16 Lucinda Drive

Babylon, NY 11702

SCTM 0102-018.00-01.00-018.000 & 0102-018.00-01.00-028.000

_____________________________X

TO THE ABOVE-NAMED PROPERTY OWNER:

YOU ARE HEREBY NOTICED AND SUMMONED to answer the enclosed ORDER TO SHOW CAUSE in person or writing by 7:00 pm on April 26, 2022, at 153 West Main Street, Babylon, NY 11702, and in case of your failure to appear or answer, action will be taken against you by default for the relief demanded in the Order.

BOARD OF TRUSTEES

INCORPORATED VILLAGE OF BABYLON

Dated: Babylon, New York

April 18, 2022

The Village Clerk read the ORDER of ADJOURNMENT:

_____________________________X

In the Matter of

Raymond Caliendo Docket No. 22-0001

16 Lucinda Drive

Babylon, NY 11702

SCTM 0102-018.00-01.00-018.000 & 0102-018.00-01.00-028.000

_____________________________X

TO THE ABOVE-NAMED PROPERTY OWNER:

At the request of property owner’s counsel, the hearing scheduled for 7:00 pm on April 26, 2022 at 153 West Main Street, Babylon, NY 11702 has been adjourned to 5:00 pm on May 3, 2022, at 153 West Main Street, Babylon, NY 11702. You are ordered to appear with counsel without fail to answer the ORDER TO SHOW CAUSE dated April 18, 2022, in person or writing, and in case of your failure to appear or answer, action will be taken against you by default for the relief demanded in the Order.

GRANTED AND ORDERED BY:

BOARD OF TRUSTEES

INCORPORATED VILLAGE OF BABYLON

Dated: Babylon, New York

April 26, 2022

Attorney Michele R. Messina, PC, 22 Montauk Avenue, East Moriches, NY 11940, representing property owner Raymond Caliendo, addressed the Board. She explained that Mr. Caliendo needed to focus on an eminent family situation which took him away from his property at 16 Lucinda Drive. To maintain privacy, she did not divulge the details but stated that between the urgent family situation and Covid, which has not helped the situation, the property construction needed to be put on hold. Attorney Messina submitted copies of a portion of the Family Court Stipulation of Settlement as evidence of what Mr. Caliendo has been dealing with. She also submitted copies of bills for supplies that have been ordered to show good faith in Mr. Caliendo’s intention to address the property.

Mr. Caliendo addressed the Board, took full responsibility for the condition of the property and acknowledged that he did not actually visit the site. He explained that he is an architect but intends to bring in an engineer to evaluate the existing structure. He stated that he has been working with the Village, has paid fines and intends on moving forward with the project and will resume construction focusing on the exterior of the property first. This property will be his primary residence, which it has been since 2005. He anticipates the project to be completed within the next 10 to 12 months.

The meeting was opened to the public; the following residents addressed the Board:

Jeffrey Hohner, 31 Lucinda Drive, Babylon, NY 11702

Stephen King, 37 Lucinda Drive, Babylon, NY 11702

Steven Rumstein, 72 Lucinda Drive, Babylon, NY 11702

William Zeller, 44 Lucinda Drive, Babylon, NY 11702

James O’Rourke, 25 Lucinda Drive, Babylon, NY 11702

While the residents expressed empathy for the personal situation that Mr. Caliendo endured, they also expressed grave concerns over the extreme eminent danger the current state of the property presents, the violations of Village Code, and the eyesore and blight this property has been on the neighborhood for an extremely long time, and were weary of the estimated 10 to 12 months for completion.

Mayor Adams thanked everyone for their time today and reiterated that the safety of Village residents is top priority.

On the motion of Trustee Seibert, seconded by Trustee Silvestri and unanimously carried, it was

RESOLVED to reserve decision.

The meeting adjourned at 5:56 PM.

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