YORKTOWN, N.Y. -- It has taken many years and cost thousands of dollars, but Yorktown resident Nick Witkowich is hoping his battle against a proposed garage has come to an end.
New York State Supreme Court, on Nov. 20, overruled a decision by the Yorktown Zoning Board of Appeals that allowed Witkowich's neighbor, Andrew Sabo to build a large car garage on Maple Court.
Sabo's 2,200-foot garage, almost twice the size of his 1,125-foot home, was approved by the Yorktown Building Inspector and by the Zoning Board of Appeals last year.
Witkowich has been fighting the garage for years with a never-ending cycle, he said. The town approves Sabo's plans, he gets an injunction and then Sabo tweaks the plan.
"No matter what we showed the ZBA, they kept approving it," Witkowich said. "Zoning laws don't count apparently. It's going to ruin Yorktown."
Witkowich said if the garage was built, he would never have privacy. Witkowich said he has spent more than $40,000 fighting the garage in a more than five year legal fight.
Witkowich's lawyer, Hawthorne-based Phillip Grimaldi said it has been a frustrating process.
"Hopefully in the end, everything will work out," Grimaldi said. "I think it will."
Grimaldi said the Yorktown ZBA doesn't understand the law of accessory structures.
"This garage would be so large and out of place," Grimaldi said. "He already has a three-car garage. This is akin to a commercial building."
Grimaldi said if anything else is proposed, he is prepared to go to court and file another injunction.
"Something of that size is inappropriate," Grimaldi said. "We feel vindicated by the judge's decision."
This is the second time, state supreme court has ruled on Sabo's garage, both times in Witkowich's favor.
In 2011, state supreme court overturned a 2009 ruling by the ZBA that gave Sabo the go-ahead for his structure.
Witkowich said he is no longer on speaking terms with Sabo.
"I am a taxpayer paying the town to fight me," Witkowich said. "The ZBA thinks people can do what they want."
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