Neighbors Challenge Greacen Point Building Permit

By Meg Yergin -

The Zoning Board of Appeals (ZBA) opened the hearing of an appeal of the building permit issued for the controversial residential project at 1011 Greacen Point Road on September 4, 2025.  This hearing finally kicked off nine months after neighbors originally filed the appeal in December 2024.  During those nine months, the neighbors agreed to adjourn the hearing while the property owner made multiple revisions to the project during the Planning Board’s (PB) ongoing amended site plan review. 

The amended site plan requirement stems from the Building Inspector’s (BI) revised Letter of Determination for the project dated January 16, 2025.  See HERE. In addition, the BI suspended the building permit that was issued on December 12, 2024 pending the outcome of the PB’s review.

Potential Impact of ZBA Findings

In their appeal, the neighbors argue that the building permit was issued in error due to inaccurate information provided by the property owner, and zoning non-compliance issues that the BI missed in the initial Zoning Determination.  (Note: The initial Zoning Determination for this application was made by a previous BI.)  See HERE.

For example, the neighbors claim that the current design of the home would make it much larger than any other in the neighborhood at 15,055 square feet and would include 3.5 stories when only 2.5 is permitted.  The ZBA had previously approved a variance allowing the home to be 8.9% larger than the size permitted under the Code.  However, the neighbors’ attorney, Robert Gaudioso, argued that this variance request should be re-opened as it was based on an incorrect floor-area-ratio (FAR) calculation.  The neighbors hired their own architect to recalculate the FAR who determined that the home is roughly 25% larger than the size the ZBA initially considered and requires a more substantial area variance.  See HERE.

Neighbors also point to the supports for the elevated driveway ramp, the stormwater management Cultecs and other structures proposed to be built within the minimum required side yards as additional zoning compliance violations.  See HERE.

Leo Napior, the attorney representing the 1011 property owners at the meeting, questioned if all the zoning non-compliance claims made by the neighbors should be considered by the ZBA as they were not raised in the neighbor’s initial appeal submission in December 2024 which focused solely on the retaining wall in the side-yard setback.

However, under NYS Village Law, the ZBA now has the responsibility to conduct a de novo review; that is, it must review all of the facts which formed the basis of the BI’s decision to approve the building permit and decide the case as though it were the enforcement officer.  See HERE. If the ZBA agrees in whole or in part with the neighbors’ claims, the project could require significant new area variances which the ZBA may or may not approve at a future date unless the owner revises their plans.

Incorrect Claim by Property Owner Delays Appeal

The property owner recently took actions which resulted in delays to the ZBA’s review of the neighbors’ appeal and the zoning compliance of the project.

The appeal hearing was originally scheduled for the ZBA’s July 24, 2025 meeting.  However, in response to a last minute, inaccurate claim by the property owner that the hearing was not noticed properly, the Village’s land use attorney Kevin Staudt removed the item from the ZBA agenda just hours before the meeting started.  When the ZBA learned that it had been improperly removed, there wasn’t enough time to correct the error and put it back on the agenda.  As a result, the hearing was postponed until the September meeting. 

Then a few days before the ZBA meeting on September 4, the property owner submitted a new revised version of the site plan to the PB but not to the ZBA or the neighbors.  As a result, the ZBA decided that the hearing must now be put off until November to allow time for all parties to review the new set of plans and respond with comments.  

Status of the Project’s Amended Site Plan Approval

During the amended site plan review, PB members have voiced significant concerns with the potential zoning non-compliance issues raised by the neighbors.  Looking for guidance, the PB voted to pause the current amended site plan review at its June 11, 2025 meeting until after the ZBA had completed a zoning evaluation. See HERE.

Despite that vote, at the PB meeting on July 23, 2025, the PB’s attorney, Kevin Staudt, provided a draft resolution approving the site plan for the PB to consider.  Now that the ZBA’s review of the appeal has been put off until November, the PB may feel pressure to complete its site plan review before the ZBA has completed its review.  Lawyers for the property owner have reminded the PB at past meetings that under the Code, the PB must render a decision within 60 days of the receipt of a completed application.

The amended site plan application is on the PB’s agenda for its meeting on September 10, 2025.

Questions About the Building Permit

If the PB approves the amended site plan, it is unclear whether the BI will remove the temporary suspension of the building permit or keep it in place until after the ZBA’s review of the neighbors’ appeal is completed.  If the suspension is lifted, it is unknown how quickly the property owner will begin construction.

When the building permit was originally issued on December 12, 2024, the property owner sent a tree removal company 10 days later to cut down numerous large trees along the side of the property adjacent to the next-door neighbor.  See photo below. 

The tree removal company set up its equipment without permission in the neighbor’s driveway who ordered the company to leave the property, preventing the trees from being removed at that time. 

The ZBA decided it would send a letter to the PB asking them to pause on voting on the amended site plan until after the ZBA has concluded its review.