Judge orders Caroga structure razed

Article Photos

CAROGA - After nearly a decade of legal battles, acting state Supreme Court Justice Richard Giardino Monday ordered Canada Lake property owner Joseph Herms to demolish his lakefront structure within eight months.

Herms also must pay the town a $50,000 civil penalty and reimburse its legal fees. Giardino issued his decision following a trial that concluded in April in state Supreme Court in Fulton County.

The town and Herms have battled since 1999 over Herms' structure on Canada Lake. Herms originally intended to build a camp on the lake, but repeatedly was denied permits by the town.

Herms then applied for permits to build a boathouse, which the town approved. After Herms built part of the structure, town officials ordered him to stop construction because, according to them, the structure did not fit the description of a boathouse and instead appeared to be a camp.

Adirondack Park Agency regulations state a boathouse cannot be greater than 1,250 square feet and must be limited to a single story. Herms' structure is more than 2,000 square feet and, according to the town, is two stories.

In 2006, Herms argued his structure complied with the regulations from 1999, when the permit was given, and was built according to the original blueprints.

"The requirements for 1999 were it can be as big as you wanted it to be," Herms told The Leader-Herald in April. "What [town attorney Sal Ferlazzo] is trying to tell the court is you have to apply a new law. What's interesting about that concept is if the court agrees, they have a ton of other boathouses in the Adirondacks that are greater than 1,250 square feet. Are they going to have all these boathouses torn down?"

Herms could not be reached for comment today.

The town had asked for a $104,000 civil penalty but is happy with Giardino's decision to order a $50,000 penalty, Ferlazzo said. Ferlazzo is of the Albany law firm Girvin & Ferlazzo.

"The payment is less important than the requirement [Herms] take [the structure] down," he said.

In his decision, Giardino said the town was partially at fault for drawing out the legal proceedings because it did not make certain documents readily available, which factored

into his decision not to award the full civil penalty.

Ferlazzo said he and the town are happy with Giardino's decision.

"This case demonstrates that simply by delaying a matter, a person cannot avoid the clear requirements of the law," he said. "The decision sends a strong message to Herms and anyone in this situation that the court won't tolerate misbehavior. It preserves the integrity of the zoning system."

Town Board member Ralph Palcovic said he also is pleased with the decision.

"It was a very long, drawn-out battle," he said. "The civil penalty could have been a lot more, but I'm satisfied with the judge's response."

Palcovic said the decision reinforces the town's authority in zoning and code matters.

"If we were not able to enforce the codes, it would be a free-for-all," he said. "We feel the laws we have are appropriate. As long as people comply, we [avoid situations like the trial with Herms]."

Ferlazzo said he expects Herms and his attorney, Sheila Galvin, will appeal the decision, but said he doubts they will be successful.

"Unless they get a judge to stop the clock, they are required to take it down like Giardino said," he said.

Galvin did not return calls seeking comment.

Kayleigh Karutis covers rural Fulton County. She can be reached at ruralnews@leaderherald.com.

Member Comments

View Comments: | 1-12 | Post a comment

Ernie9
07-09-08 10:44 AM »Report Abuse	morningstar- I don't believe I made a mistake, she was just being crude. Ya think?
Bill
07-09-08 9:42 AM »Report Abuse	HEY HERMSITS here what you do when the lake freezes take your house and set it on the lake slide it off the lake and place it in my back yard i have a nice boat i can put in it thanks
native
07-09-08 8:48 AM »Report Abuse	Living and working in the Adirondacks, it's blantly obvious that the "rich,famous, and well connected" get special treatment and that the Adirondack Park rules and regulations that we must all live by don't apply to them. Just for once it's good to see that the laws get enforced uniformally.
morningstar
07-09-08 7:45 AM »Report Abuse	My husband knows a person whose first name is that. I didn't believe him, but it's a real name. Hope you didn't turn her in for nothing!
teebzz
07-08-08 11:11 PM »Report Abuse	youre a great man ernie, i bet ur mom is proud
Ernie9
07-08-08 10:46 PM »Report Abuse	RWEHVNGFUNYET - I don't know how she did it, but I turned her in!
Indianajones
07-08-08 10:10 PM »Report Abuse	Way to go Judge Giardino....hope your decision will not be reversed on appeal!! Seems the time you took in announcing your decision was well thought-out!!
TiredOfTax
07-08-08 6:13 PM »Report Abuse	I have been on Canada lake many times and there is no boat storage under that beautiful camp. I personally would love to own such a structure but it was built way past the rules and the decision to remove it is justified.
Boathouseblues
07-08-08 5:07 PM »Report Abuse	In the Gazette it said there's no boat-access under the structure. The photo says different. Who's right?
RWEHVNGFUNYET
07-08-08 4:15 PM »Report Abuse	HEY MERCEDES...HOW DID YOU GET YOUR NAME THRU THE CENSORS?
ReclaimGville
07-08-08 2:57 PM »Report Abuse	Herms fought the law and the law WON!!!
maxone
07-08-08 1:33 PM »Report Abuse	HA HA HERMS !! I bet you thought money would talk and BS would walk . WRONG!! Good decision Judge Giardino , you somewhat have restored my faith in the legal system. To Herms; shame on you for wasting everyone's time and money..

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