Letter to the Editor: The Good, the Bad and the Ugly

This is a Letter to the Editor submitted by Rita and Victor Giustino. Have an opinion about something in Farmingdale or about a local topic we covered on the site? E-mail editor Amanda Fiscina at amandaf@patch.com.  You must provide your first and last name. All opinions expressed are that of the author.

Mayor Butch Starkie proclaimed the Carman Building at 266 Main Street, owned by his good buddy, Gregory Carman, Jr., James Carman and Michael Ingham, is a "Gateway" building. That's the bad news. The ugly truth is that the Carman building is illegal.

It all started with a drainpipe. On August 30, 2010, Victor and I visited Village Hall to investigate and confirm that the drainpipe, on the north wall of the CCI building at 266 Main Street is unlawful. This pipe is an encroachment on an encroachment onto our property. 

Additionally, the drainpipe empties onto a public walkway, Washington Street, causing hazardous conditions in icy weather, but the Village continues to ignore the problem.

We inspected Village records of our building, 254 Main Street, and the Carman, Callahan & Ingham building at 266 Main Street, (purchased by CCI from CitiBank in January 2002), seeking evidence of any Certificates of Occupancy, Variances, Permits or Notices of Approval that legally permitted the installation of this pipe in its present location. We found none. 

Originally, the pipe was in the alley between the front and rear of the CCI building, but when they installed two large air conditioning units in that alleyway, they moved the pipe.  

In fact, CCI installed this drainpipe, without our permission or consent, by trespassing on our property. Not exactly a good neighbor policy.

After many unsuccessful attempts to get this pipe removed, we met with Gregory Carman and Michael Ingham on November 8, 2010. They agreed, if we found a legal and suitable location, they would redirect the pipe. We walked along Main Street, and showed them three - all legal and suitable. Two locations would have the pipe empty onto Main Street, (as do most buildings along Main Street), and one, emptying onto Conklin Avenue.  

We explained that Mayor Starkie advised us, "There are no drainage requirements in our area, Business Code D," but Mr. Ingham, who specializes in Municipal Law, insisted he needed two months to investigate the legality of our suggestions.

The November 8 meeting was a charade. We later learned CCI, who also owns the building at 236 Main Street, installed a drainpipe, (which empties onto Main Street), on that building in August 2010.  

We followed up with numerous emails and three letters, asking when and where CCI would redirect the pipe.  The results of which are nothing.  Not even the courtesy of a response.  

As honest, taxpaying senior citizens of Farmingdale for 23 years, we are extremely upset about the very dishonest way the Carmans have negotiated, bullied, and taken advantage of us 0 by seizing our property, knowing it is not legally theirs.

Also, we find it most puzzling that Mayor Starkie, on advice of counsel, will no longer answer my emails. What is he afraid of, and why does he need advice of counsel to answer my emails regarding Village laws or requirements?

The Bad News: Mayor Starkie proclaimed the Carman Building a "Gateway" building despite the building's illegal status. 

More Bad News:  The drainpipe is an eyesore.  Allowing it to remain on a "Gateway" building is like wearing a designer dress over dirty underwear.

The Ugly Truth: The Carman Building is illegal.

In 1955, Franklin National Bank applied for a Building Permit for a rear addition to their Bank Building.  The Board of Trustees denied this application, as the plot plan indicated insufficient rear yard space as required by the Zoning Ordinance of the Village.  15 feet is required.  The County requires 15 feet rear yard space as well. 

The rear addition of the Carman Building encroaches along 50 feet onto our property; therefore, the required rear yard space does not exist. 

In fact, the Carman Building has no rear yard space. 

As is our right, should we decide to extend our building in the rear, or to sell it, we are seriously concerned about any obstacles, legal or otherwise, we might encounter because of these encroachments.

Our Farmingdale record search also indicated that despite yearly notices to CCI from Village Officials since 2002, advising them to file a Building Permit Application, and subsequent Certificate of Occupancy; CCI has ignored these notices, and the Village of Farmingdale continues to allow the CCI building to remain illegal.  Interesting to note, CCI owns Atlantic Coast Title Agency, a title insurance company, with offices at 266 Main Street & 280 Main Street, Farmingdale, NY.

We did find a Certificate of Occupancy, for the rear addition to the Bank Building, dated July 16, 1956, signed by George Cook, 2/18/75, nearly twenty years later.

A history of the Carman Building shows that "Judge" Willis Carman founded the Sunrise Federal Savings and Loan Association where he served on the Board of Directors and as the Bank's legal counsel for 50 years.  The "Judge" also served as Municipal Judge of Farmingdale from 1929 to 1959.  In 1952, when Franklin National Bank acquired the Bank of Farmingdale, the "Judge" was on the Board Directors.

Willis (Bill) Carman, Jr. served on the Village Board of Trustees from 1960 to 1982 and as Mayor of Farmingdale from 1982 to 1990.

Gregory W. Carman is a federal judge, serving on the United States Court of International Trade; he served as its Chief Judge, 1996-2003.  He was a Member of the United States House of Representatives, from New York, 1981-1983.  He also was on the Town Board of Oyster Bay from 1972-1980

Gregory Carman, Jr. served as Village Attorney from 2002 to 2004.

Why do the laws apply to some, but not all? Draw your own conclusions.

Sincerely,

Rita & Victor Giustino