Monroe DPW superintendent defends himself

| 28 Sep 2015 | 11:31

By Nathan Mayberg
Town of Monroe Superintendent of Highways Anthony Rizzo went to jail over a proposed road for a development that some residents on Overlook Road in Harriman say should not be allowed.

“I was standing up for the people,” Rizzo said last week, following his arrest on a contempt of court order by New York State Supreme Court Judge Catherine Bartlett.

The contempt of court charge related to Rizzo's handling, or lack of handling, of a curb cut request for a proposed 29-unit development in Harriman, at the village border with the greater Town of Monroe.

'Not wide enough'Rizzo was ordered to the county jail by Bartlett in August, after he allegedly didn't comply with the judge's May order to approve or disapprove a curb cut permit request for the development.

Rizzo has since denied the request, saying the “road is not wide enough.”

Sidney Wykretowicz, president of the Skyview Hills Homeowners Association, said she supports Rizzo's denial of the road cut request, which would demolish a home on 42 Overlook Road in order to build a road through the property and clear woods in the back for the proposed development.

Wykretowicz lives next door to where the proposed road would be built and said the road would change the quality of life for her and other residents in the neighborhood. The property borders Lexington Hills.

It would also be a safety issue for Wykretowicz, as the new road is close to a turn on the road with limited sight distance.

The project is currently pending before the village of Harriman Planning Board.

Doles: It should remain 'a quiet, tranquil block'

Town of Monroe Supervisor Harley Doles said he and the town board also oppose the road cut.

“It's a quiet, tranquil block,” Doles said. “I believe it should remain just that. But that's not my vote. That's the decision of the highway superintendent.”

According to state law, the highway superintendent has the ultimate say over the curb cut request.

Rizzo ultimately rejected the request.

Rizzo was released from jail two weeks ago after being held on a contempt of court charge that same day over the curb cut permit request. Rizzo allegedly never acted on the request.

According to court documents, the request to the town for the curb cut request dates to December 2014, while Bartlett's order that he answer the request, dates to May 18, 2015.

Rizzo: Never receive request until recently

Rizzo said a previous proposal for driveway cut dates back to 2013. Rizzo said he denied that request since he believed the driveway cut was actually an attempt to build a new road. He says he never received the one from December until two weeks ago.

Rizzo was released from jail on Sept. 11 after posting $3,750 in bail to the court.

Bartlett had ordered Rizzo in contempt of court and jailed until he paid $3,500 in attorney fees for those bringing a lawsuit against him, $250 in court fines and made a decision regarding a curb cut permit request for a 29-unit development in Harriman.

The bail amount was signed over to attorney James Sweeney, who is representing the developers. Sweeney requested the contempt of court order.

The lawsuit was brought by New Line Realty Holdings LLC, Thelma Adler and the Adler Testamentary Unified Credit Trust.

Sweeney couldn't be reached for comment.

Rizzo maintains that the application for the curb cut was sent to town offices in December, but a package with the application was signed for by somebody other than himself. He said he never saw it.

Rizzo holds the elected position of highway superintendent, though he lost a Republican primary last week to John Karl III. A write-in campaign for Rizzo is currently being waged.

Potential for 50 more cars a day

Wykretowicz projects the new development would bring more than 50 cars a day through the street. She is also worried about noise from the construction of a new road and an impact on her well.

Wykretowicz is president of the Skyview Hills Homeowners Association, which she said represents more than 100 homes in the neighborhood.

Wykretowicz lives in the middle of the street, and is worried she will become a house on the corner if the curb cut was to go through.

“Why should 14 or 15 homeowners suffer so one person can make money?”

She said there are other ways the developer could build a connecting road off of Orchard Street, the main road that goes through the neighborhood.

“They are taking away our lifestyle.”

She supports the actions by Rizzo to deny the curb cut permit request.

“I'm glad," she said, "that Anthony is standing by us,"

Reporter Nathan Mayberg can be reached at comm.reporter@strausnews.com or by calling 469-9000 ext. 359