ZBA rejects bid to reopen long-running Cooper Road dispute

ZBA rejects bid to reopen long-running Cooper Road dispute

North East Zoning Board of Appeals members met on Thursday, Jan. 15, to hear a request from the Vitiello family, who own the property at 208 Cooper Road, to reconsider a 2005 ZBA decision that bars the residence on the property from obtaining a certificate of occupancy. The residence has been occupied for years despite a court injunction and an affirming appeals court decision in 2018 that ordered the house must be vacated.

Photo by Aly Morrissey

MILLERTON — A decades-long dispute on Cooper Road returned to the spotlight on Thursday, Jan. 15, as a tense meeting of the Zoning Board of Appeals (ZBA) concluded with members unanimously rejecting a request to reconsider a decision that was made more than 20 years ago — a move that would have reopened conditions tied to the property’s original approval.

At the center of the conflict is an illegal dwelling owned by Erasmo and Josephine Vitiello on Cooper Road that has never received a certificate of occupancy. Although the structure received a building permit in 2005, it remains illegal under the town’s zoning code. Litigation between the town and homeowners in 2018 resulted in an injunction requiring the property to be vacated. The home, however, remains occupied, prompting public questions about enforcement by the Town Board.

Homeowner Josephine Vitiello appeared before the ZBA and spoke at length about her family’s efforts to “do all of the right things” in pursuit of a certificate of occupancy, telling the board that the prolonged dispute has caused significant turmoil for her family and their neighbors. Vitiello claimed the two outstanding items stemming from the 2005 decision — issues related to her driveway and drainage — have been “substantially completed.” ZBA member Jeff Stark pressed Vitiello with sharp questions before the board voted unanimously not to move forward with reconsideration.

The zoning issue

Town Attorney Warren Replansky said during the meeting that the building permit never should have been issued, explaining that the structure was approved as a shed but built as a single-family residence without the required frontage. Replansky characterized the original paperwork submitted to the building inspector as a “false application.”

Under the town’s zoning code, a residential lot must abut a public street for at least 40 feet in order to be legally permitted. While the Vitiellos’ driveway provides access from Cooper Road to the home and is approximately 10 feet wide, the lot itself does not meet the frontage requirement because it does not directly abut the roadway as required by zoning.

Family impact

Vitiello said that her son, daughter-in-law, and two young grandchildren live together in the home.

“We have been part of the community for 30 years,” she said. “My children literally grew up here, and we’ve done everything possible to try to resolve any issues.”

She described the home as well maintained and said the driveway is safe and fully functional, adding that meeting the town’s sight-distance requirements is impossible because the driveway is curved.

“I’ve tried it all,” Vitiello said. “Twenty years is a long time to still be dealing with this. I just want to move on and continue minding my own business — like we always have.”

Public criticism

The request for reconsideration follows renewed public criticism from Cooper Road residents, including comments at recent town meetings calling for stronger zoning enforcement related to the property.

North East resident Tyler Graham recently created a group called “Save Millerton” that he hopes will call attention to gaps in town zoning enforcement and demand greater transparency, among other things.

The group’s focus grew out of the long-running dispute on Cooper Road, where Graham and several neighbors allege that the Vitiello property has gone unenforced for years and caused tension in the neighborhood. Graham was not present at the Thursday night meeting.

Ed Covert, whose property is adjacent to the Vitiellos’, has also expressed frustration with the lack of zoning enforcement. He maintains that the driveway is actually not a driveway, but a “right of way” that passes over his property that he said is being “destroyed” by widening the path, changing angles and laying down peastone without permission. Covert said he was pleased with the decision of the ZBA.

Strong questioning from ZBA’s Jeff Stark

ZBA member Jeff Stark was the first to question Vitiello, referencing the long history of litigation tied to the property.

“In the past 20 years, the Vitiellos have sued everyone and everyone has sued the Vitiellos over this property,” Stark said, before asking why the Highway Supervisor and the Building Inspector were the only officials not involved in past lawsuits.

Stark asked, “Are you aware that if a building inspector refuses to grant the building permit and abuses his discretion, that a judge has the power and the duty to require him to issue them?”

In response, a confused Vitiello asked, “You're questioning why I'm not suing one of your departments? I find that a little rough, but if I can't get it resolved in this manner then I guess that's going to have to be the next step.”

Changing course, Stark said he was not suggesting any specific course of action. He framed his comments as questions about jurisdictions, asking why Vitiello believed the issue fell under the ZBA’s jurisdiction and not the highway department.

Under town law, the ZBA does not have authority to determine whether a driveway meets safety or highway standards, which fall under the jurisdiction of the highway supervisor.

“Everyone keeps pointing to everyone else,” Vitiello said. “I’m here to tell you that I’ve tried it all.”

Internal conflict among ZBA

In the lead-up to the vote, tensions surfaced among board members during a procedural discussion involving Town Attorney Warren Replansky, who attended the meeting in-person at the request of ZBA Chair Edie Greenwood. Replansky said reconsideration would require a unanimous vote and that a motion to reconsider would first need to be made, though such a motion would not constitute a vote in favor of the homeowner.

Stark pushed back sharply.

“I don't believe that,” he said. “In fact, I don't believe much of what our attorney just said.”

Stark went on to argue that the wording of the board’s original decision 20 years ago was “faulty in the extreme,” and likely led the Vitiello family to believe the ZBA had taken on responsibility for determining whether their driveway met legal or safety standards.

“We don't have the right to take over that decision,” Stark said. “But reading our first decision, she might well have believed we thought we did.” He reiterated that the role belongs to the highway supervisor.

Tensions emerged again over the written statement to be issued following the vote, which requires signatures from board members. While Greenwood asked Replansky to draft the document, Stark objected, saying he would not sign a version prepared by the town attorney.

“I’ve already written a decision,” Stark said. “You can have Mr. Replansky write a decision for the rest of you. But I’ll be signing the decision that I wrote.”

The News was unable to reach Stark for clarification as to why he had prepared a written decision prior to the hearing.

The board ultimately voted in favor to request a statement from Replansky, with Stark as the only member who voted “no.”

Stark also criticized Greenwood’s decision to request Replansky’s attendance at the meeting, citing the cost of legal fees and pointing out the collective experience of the board. “I request that any future decisions about whether we need counsel or not be determined by the board,” Stark said.

With the ZBA declining to reopen the case, any further action related to the occupied dwelling — including enforcement of the existing injunction — now rests with town officials outside the board.

Latest News

Speed cameras gain ground in Connecticut, stall in Dutchess County

A speed enforcement camera in New York City.

Photo courtesy NYC DOT

Speed cameras remain a tough sell across northwest Connecticut — and are still absent from local roads in neighboring Dutchess County.

Town leaders across northwest Connecticut are moving cautiously on speed cameras, despite a state law passed in 2023 that allows municipalities to install them. In contrast, no towns or villages in Dutchess County currently operate local automated speed-camera programs, even as New York City has relied on the technology for years.

Keep ReadingShow less
In remembrance:
Tim Prentice and the art of making the wind visible
In remembrance: Tim Prentice and the art of making the wind visible
In remembrance: Tim Prentice and the art of making the wind visible

There are artists who make objects, and then there are artists who alter the way we move through the world. Tim Prentice belonged to the latter. The kinetic sculptor, architect and longtime Cornwall resident died in November 2025 at age 95, leaving a legacy of what he called “toys for the wind,” work that did not simply occupy space but activated it, inviting viewers to slow down, look longer and feel more deeply the invisible forces that shape daily life.

Prentice received a master’s degree from the Yale School of Art and Architecture in 1960, where he studied with German-born American artist and educator Josef Albers, taking his course once as an undergraduate and again in graduate school.In “The Air Made Visible,” a 2024 short film by the Vision & Art Project produced by the American Macular Degeneration Fund, a nonprofit organization that documents artists working with vision loss, Prentice spoke of his admiration for Albers’ discipline and his ability to strip away everything but color. He recalled thinking, “If I could do that same thing with motion, I’d have a chance of finding a new form.”

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Strategic partnership unites design, architecture and construction

Hyalite Builders is leading the structural rehabilitation of The Stissing Center in Pine Plains.

Provided

For homeowners overwhelmed by juggling designers, architects and contractors, a new Salisbury-based collaboration is offering a one-team approach from concept to construction. Casa Marcelo Interior Design Studio, based in Salisbury, has joined forces with Charles Matz Architect, led by Charles Matz, AIA RIBA, and Hyalite Builders, led by Matt Soleau. The alliance introduces an integrated design-build model that aims to streamline the sometimes-fragmented process of home renovation and new construction.

“The whole thing is based on integrated services,” said Marcelo, founder of Casa Marcelo. “Normally when clients come to us, they are coming to us for design. But there’s also some architecture and construction that needs to happen eventually. So, I thought, why don’t we just partner with people that we know we can work well with together?”

Keep ReadingShow less
‘The Dark’ turns midwinter into a weeklong arts celebration

Autumn Knight will perform as part of PS21’s “The Dark.”

Provided

This February, PS21: Center for Contemporary Performance in Chatham, New York, will transform the depths of midwinter into a radiant week of cutting-edge art, music, dance, theater and performance with its inaugural winter festival, The Dark. Running Feb. 16–22, the ambitious festival features more than 60 international artists and over 80 performances, making it one of the most expansive cultural events in the region.

Curated to explore winter as a season of extremes — community and solitude, fire and ice, darkness and light — The Dark will take place not only at PS21’s sprawling campus in Chatham, but in theaters, restaurants, libraries, saunas and outdoor spaces across Columbia County. Attendees can warm up between performances with complimentary sauna sessions, glide across a seasonal ice-skating rink or gather around nightly bonfires, making the festival as much a social winter experience as an artistic one.

Keep ReadingShow less
Tanglewood Learning Institute expands year-round programming

Exterior of the Linde Center for Music and Learning.

Mike Meija, courtesy of the BSO

The Tanglewood Learning Institute (TLI), based at Tanglewood, the legendary summer home of the Boston Symphony Orchestra, is celebrating an expanded season of adventurous music and arts education programming, featuring star performers across genres, BSO musicians, and local collaborators.

Launched in the summer of 2019 in conjunction with the opening of the Linde Center for Music and Learning on the Tanglewood campus, TLI now fulfills its founding mission to welcome audiences year-round. The season includes a new jazz series, solo and chamber recitals, a film series, family programs, open rehearsals and master classes led by world-renowned musicians.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.