By Nicole Fay Barr

GUILDERLAND — Andrew Linehan is fed up with a nearby property owner’s zoning violations. Unsatisfied with the actions taken by the town’s zoning department, Linehan asked the town board for help last Tuesday.

Linehan’s complaints are about Anthony Serafini, who owns part of the subdivision where Linehan lives — Williamsburg, off of Fuller Station Road. The Serafini family owns many developments in Guilderland.

For years, Linehan said, Serafini has had construction debris and unregistered vehicles and trailers on the property.

Rodger Stone, the town’s zoning-enforcement officer, told The Enterprise this week that Serafini has been in violatoin of the zoning code for a long time. Stone said the town has been trying to work out solutions with Serafini and, if he doesn’t remove the debris and trailers by Sept. 26, a judge in town court will decide his punishment.

Anthony Serafini, however, tells a much different story. When contacted by The Enterprise this week, the developer said he knows nothing about the Sept. 26 deadline or about having to remove the debris and trailers from his property.
"We’ve never had any problems before," his wife, Annette Serafini, said. "We try to keep it neat. As you’re working, you need to have supplies. We are trying to cooperate with the town."
"I’m a very clean person. I’ve never even had a parking ticket," Anthony Serafini said.

Serafini said he’s working with the town to renew his building permits — expired since 1988 — so he can keep the equipment on his land.

Donald Cropsey Jr., the town’s chief building inspector and zoning administrator, did not return calls from The Enterprise this week.

Linehan said Serafini’s treatment is unfair since he has violated the law for years. He asked the town board to intervene and force Serafini to remove the items from the property.

Supervisor Kenneth Runion told The Enterprise this week that the town board will intervene if, after going through town court, Serafini still does not comply.

Upset neighborhood

Linehan has lived in Guilderland for 20 years and, last year, he moved to the Williamsburg subdivision. The development has two parts, the original section and a few streets known as New Williamsburg. Serafini owns New Williamsburg.

Linehan moved to 6003 Queen Mary Court — part of the original Williamsburg subdivision — for open space, he told the town board last Tuesday. His house is part of an upscale neighborhood with perfect lawns and gardens. Linehan’s property is a few blocks from where officials say Serafini has zoning violations.

Soon after moving in, Linehan said, he heard of the violations from neighbors. He gave the town board a list of code violations committed by Serafini.

Construction supplies and brush are strewn about the property, he said.

Two unregistered tractor trailers are there, he said, and a field office trailer is there. The office trailer’s building permit is dated Dec. 1, 1987, Linehan said, and was only good for six months.

Serafini also has two signs that do not conform to the town code and permits for these are supposed to be renewed every six months, but aren’t.

Previously, Linehan said, an unregistered van was on the property and two rusted, 55-gallon drums were there, but have since been removed. Linehan asked that the ground and groundwater be tested for contamination, since he thinks the drums contained fuel.

Linehan began talking to his neighbors and found that they, too, were very upset with the state of Serafini’s property.

Linehan contacted the zoning department this May, he said. He spoke to Stone, he said, who was very helpful.

All of the violations that Linehan cited are true, Stone told The Enterprise Monday.
Of the construction debris, he said, "I consider it rubbish myself."

Stone reported that Serafini told him he needed the materials for construction-related uses. But, Stone said, the materials do not appear to have been touched in years. If it really is rubbish, Stone said, it is in violation of the town code.
"I didn’t build his house," Serafini said of Linehan. "These [tractor] trailers were there when he bought the property. They’re there for materials and tools for construction. I don’t know about this construction debris."

The Enterprise went to the site Tuesday and saw two tractor trailers on Lexington Drive. Most of the length of the vehicles were in the woods, surrounded by tall, shade trees.

The only debris The Enterprise saw was a pile of what appeared to be branches and yard brush near the tractor trailers. This is all in a wooded area, not in the direct view of any houses.

The field-office trailer is a small, clean-looking building surrounded by a neatly-trimmed lawn. The office is across the street from a backyard that is surrounded by a tall, wooden fence.

Of the field office trailer, Stone said the building permit did expire in 1988 and no new permits have been issued.

Serafini told the town that he uses the trailer, Stone said.

Stone said he’s been with the town for six years and has never seen anyone using the trailer in that time. Linehan said he looked in the window of the trailer and saw a 1993 calendar on the wall.
"The [office] trailer has been there 20 years. The [tractor] trailers are not near anybody," Serafini said. "They’re on empty lots. They will be removed; it takes time."

Many neighbors have complained to the town over the years about Serafini, Stone said.
"I’ve taken a number of phone calls and few of the callers have identified themselves," Stone said. "At least six different neighbors have called in the last several months.
"The complaints started in 2003," he said. "We’ve been trying to work out some type of arrangement since then."

The town has sent letters to Serafini, had meetings with him, and tried to compromise, Stone said. Most of the town’s efforts have been unsuccessful, he said.

Action derailed"

On July 11, 2005, Stone sent Serafini an appearance ticket for town court. It stated that Serafini was to appear in court on Aug. 29 because he is in violation of the town’s zoning law, by storing unlicensed tractor trailers on his property.

The ticket states that the town has written to Serafini about the vehicles six times between July of 2003 and June of 2005.
"Additionally, Mr. Serafini has no valid building permit for the site and his construction shed is still there, along with signs and rubbish," Stone wrote. "We also have had several verbal discussions with Mr. Serafini, which have accomplished nothing."

Linehan was pleased that the town was taking action, he said.
"Rodger Stone had it all moving forward," he said, "but then the whole thing got derailed."

Serafini and his attorney met with the town in early August, Stone said. Stone was then told — by Cropsey and zoning administrator, and Janet Thayer, the zoning board’s attorney — to cancel Serafini’s appearance ticket.

This is not unusual, Stone told The Enterprise.
"We try to work it out as peaceably as possible," he said. The town doesn’t like bringing people to court, he said, so it tries to reach solutions out of court.

The town gave Serafini until Sept. 1 to remove the items in violation from his property, Stone said.

By Sept. 1, Serafini removed an unregistered van from the property and two rusted, 55-gallon drums, both Stone and Linehan said.

But, they said, the construction debris and vehicles are still there.

Last Tuesday, Linehan complained about this to the town board. He is angry that Serafini’s appearance ticket was canceled.

The Enterprise asked Supervisor Runion if he feels Serafini is getting special treatment. He didn’t answer the question, but said that the zoning department is handling things.

Last Tuesday, Linehan asked the town board to require Serafini to remove the materials immediately. If Serafini does not do this, Linehan said, the town should charge him $100 a day, as allowed by the town code.
"I thought the board was very positive about helping out," Linehan told The Enterprise this week. "They clearly understand the issues...they’ll do what they need to straighten this out."

The town has now decided to give Serafini until Sept. 26 to remove these items. He is scheduled to appear in court that night.
If Serafini has complied with the law by then, Stone said he’ll ask the judge for an adjournment in contemplation of dismissal. That is, Serafini’s case will be adjourned for six months and then dropped if he receives no more tickets in that time.
Asked what will happen if Serafini does not comply by Sept. 26, Stone said, "We’ll ask the court for a remedy...But, I’d hate to see it come to that."

A town judge can only fine Serafini, Runion said; he can’t mandate the cleaning of the property.

If Serafini is fined and still does not remove the debris and vehicles, Runion said, the town will hold a public hearing to discuss the town’s doing the work.

The town has done this a few times and has charged the violating property owner for the cleanup.

Serafini insisted to The Enterprise that he knows nothing about the Aug. 29 and Sept. 26 court dates. He plans on cleaning his property, he said, but said he has no deadline to do so.
"I will remove the stuff. It’s not going to stay there, but I need time," Serafini said. Asked how much time, Serafini said he didn’t know.
Asked what he’d do if the town requires him to remove the materials immediately, Serafini said, "I can’t give you an answer."