The Daily Gazette - Schenectady, NY
Daily Gazette

Editorial: Right ruling on bogus boathouse
Friday, July 11, 2008

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How many times have we seen developers clear-cut land before they have approval to build, or build something other than what they were approved for? They do this because they know that, once done, once they’ve “created facts on the ground,” it is hard for local authorities to get then to undo it.

In fact, most of the time, the authorities don’t even try, simply approving the action after the fact, or reaching some lame compromise with the miscreant or slapping his wrist. That’s why it was so gratifying to see what the town of Caroga fought to get Joseph Herms to do with the illegal house he built on Canada Lake — and state Supreme Court Judge Richard Giardino ordered him to do Monday: tear it down.

This was no honest mistake on Herms’ part, but what Giardino in his decision called “a pattern of conduct ... which bespeaks artifice and guile.” Knowing that town and Adirondack Park Agency zoning regulations wouldn’t allow him to build the house he wanted — they turned down his original application — he resorted to deception. He submitted, and won approval for, plans to build a simple boathouse; then proceeded to put up the architect-designed lakefront camp he wanted all along.

Where the APA’s limit for a boathouse was 1,250 square feet, Herms’ residence is nearly twice that, not counting the 400 square-foot deck. Where the plans the town had approved called for a one-story structure, this one is two stories — with 10-foot ceilings, a fireplace, kitchen, bedrooms and bath. Some boathouse! You can’t even navigate a boat under it, another requirement of a boathouse in the regulations.

The case is particularly noteworthy because it shows that localities in the Adirondack Park are willing to stand up for their own zoning laws, and to wealthy landowners who would flout them, rather than just rely on — or blame — the APA.

Assuming he doesn’t appeal the decision, and win, Herms will also have to pay a $50,000 civil penalty as well as the town’s court costs, estimated at $100,000. More important, his deception and bad faith have been answered with a Reagan-esque command, but one that carries the force of law: Mr. Herms, tear down this house.



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comments


July 12, 2008
9:12 a.m.

[ Suggest removal ]
annarondac ( no real name given ) says...

So "Forever Wild" is for plants, trees and animals and humans must live vicariously through them.

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