Patience has boiled over for a Ghents Road homeowner, as he fears residential development in Rotterdam could cut off access off to his property.
Christopher Hodge spoke out at the Rotterdam Town Board meeting on Wednesday, June 27, about his frustration with the town’s handling of a development south of a private drive off Ghents Road. Hodge and his wife, Claudine, claim developers have wrongfully assumed property consisting of all or a portion of their driveway, which is an extension of the road.
Furthermore, Hodge claims town officials gave the project a stamp of approval after hearing his concerns and promising the matter would be cleared up before shovels hit the earth.
The Hodges’ summons, dated June 26, doesn’t name the town, but goes after presumed property owner and developers, which include Development at Helderberg Meadows, LLC, Brookview Court, Inc., and Pigliavento Builders.
The Hodges reside at 2265 Ghents Road and also owns 2277 Ghents Road, and purchased both in January of 2012.
“We tried to work with the town to talk to them about this property — nobody seems to want to listen,” Hodge said. “We have had to take legal action to protect our property.”
On April 18, Hodge claims Michael Pigliavento, of Pigliavento Builders, painted a dashed line across the private driveway used to access his home. Pigliavento then told Hodge the survey completed for the property shows he owns the driveway and he would grant him an easement, according to Hodge.
“This is not his driveway,” Hodge said. “I explained that to him — he chose not to listen.”
Pigliavento could not be reached for comment before The Spotlight went to press.
The plans for the development of 2272 Ghents Road show the lot extending into the existing gravel drive. In addition to the Hodge residence, it also cuts off access to another residence. The developer has approval to construct a single-family home on the parcel.
Hodge said the town placed a “dead end” and “private drive” sign at least 35 years ago at the start of what is used as his driveway. He said there are “deeds upon deeds” dating back to 1877 showing ownership.
Hodge said on May 10 he and family members met with town officials on the driveway and explained the situation. Hodge claims Planning Commission Chairman Thomas Yuille said “there is definitely a mess here” and promised construction would not commence until the issue is straightened out.
On June 13, he said Yuille informed him the lot subdivision was approved, but the building permit would not be issued for a “reasonable amount of time.” Less than a week later, construction started on June 18 after a building permit was issued.
“He is digging up our driveway,” Hodge said.
Deputy Supervisor Wayne Calder said Yuille came to the supervisor’s office on June 14 and said he misspoke on the permit timeline.
“(Yuille) said, ‘I made a mistake. I said something to those people that I didn’t mean to say and I was wrong,’” Calder said.
Hodge said Pigliavento stopped work at the site after being served court papers on Tuesday, June 26.
Attorney Andrew Brick, representing the developers, said in a May 18 letter to Town Attorney Kate McGuirl, “I have been assured by Michael Pigliavento … that neither their company nor its agents or contractors will take any measure that would prohibit use of existing means of ingress and egress to parcels in the vicinity of their parcel being developed. This will remain in effect pending good faith efforts to resolve any issues between the property owners involving access rights and determining location of easements and rights of way.”
Town Councilman Robert Godlewski questioned why the project was approved when there was an apparent issue.
Calder said the town would look into the situation and get back to Hodge with an answer.
“I know that there is issues over there,” Calder said. “I’m not so sure how much control we have over it at this moment.”
