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Calapai v. Zoning Board of Appeals of Village of Babylon

Other Lower Courts

October 29, 2007

In the Matter of the Application of Pamela Calapai, Petitioner,
v.
Zoning Board of Appeals of the Village of Babylon, Respondent.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

BRUCE KENNEDY,P.C., Attorney for the Petitioner 31 Greene Avenue.

KRESSEL, ROTHLEIN ROTH, ESQS., Attorneys for Respondent.

OPINION

Sandra L. Sgroi, J.

ORDERED that the Petitioners application for a judgment reversing and annulling the decision of the Respondent dated April 24, 2007 is granted; and it is further

ORDERED that the Petitioner is granted the area variance to maintain the converted garage as living space; and it is further

ORDERED that the Respondent is directed to issue the appropriate Certificate of Occupancy to the Petitioner; and it is further

ORDERED that the motion of the Respondent to dismiss the Petition is denied.

Enter Judgment.

In October of 2000, the Petitioner applied to the Respondent for permission to convert an existing attached garage into a bedroom with a bath for her quadriplegic, profoundly mentally retarded son, Alex. The Respondent granted that application but issued several conditions including the condition that "[u]pon sale of the property, change of title or change in the living situation the converted space must revert to a usable garage." (see, Petitioner's Exhibit "A"). The Petitioner complied with the conditions of the Respondent, the garage was converted into a bedroom and a bath that the Petitioner's son was able to use and the Petitioner's disabled son then was able to live in the family home for seven years before he died.

The conversion of the garage to living space customized for the significant needs of the son cost the family over $80,000 and the Petitioner stated that the family is still paying for the cost of this room with a home equity loan. The medical bills for the Petitioner's deceased son were not completely covered by insurance and the cost of the funeral was over $10,000.00. The Petitioner stated at the hearing that the cost to convert the room back to a garage would be about $40,000.00 and that the conversion would be a financial hardship to the family.

In addition to the financial hardship, the Petitioner has alleged that her family, including another young son, watched Alex fight for his life for seven years in the bedroom and that "[i]t's unimaginable for us to think that it could ever be destroyed so a car ...


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