HomeMy WebLinkAbout20250907 75 Clinton St Interpretation Appeal Notice
August 13, 2025
VIA E-MAIL & CERTIFIED MAIL – RETURN RECEIPT REQUESTED
John T. Donnelly III, Code Administrator
Department of Public Safety, City of Saratoga Springs
5 Lake Avenue, Suite 5A
Saratoga Springs, New York 12866
T: (518) 587-3550, Ext. 2634
E: john.donnelly@saratogs-springs.org
RE: 75 CLINTON STREET, SARATOGA SPRINGS, NEW YORK 12866
NOTICE OF APPEAL AND OBJECTION TO NOTICE OF VIOLATION
Dear Mr. Donnelly:
We, the undersigned, are the attorneys for Dominick Fazioli (“Mr. Fazioli”),
regarding Mr. Fazioli’s real property located at 75 Clinton Street, Saratoga Springs, New
York 12866 (the “Subject Property”).
This instant letter ensues in response to your letter dated July 29, 2025, demanding
that Mr. Fazioli remedy certain alleged violations of the Saratoga Springs City Code
Unified Development Ordinance.
At this time Mr. Fazioli by and through the undersigned denies the allegations of
any violations as set forth within the letter and desires to be heard on the violations before
SUSAN CARROLL PICOTTE
PHILLIP G. STECK
KELLY L. MALLOY POGODA
DAVID C. ROWLEY
CARLO A.C. DE OLIVEIRA ±
CAROLINE W. T. LANG
MATTHEW E. MINNIEFIELD Ω
_____________
DENNIS W. HABEL
LUISA LAMPREA BARRAGAN
*ALSO ADMITTED IN VERMONT
±ALSO ADMITTED IN MASSACHUSETTS
♢ALSO ADMITTED IN FLORIDA
ΩALSO ADMITTED IN NEW JERSEY
COOPER ERVING & SAVAGE LLP
20 CORPORATE WOODS BLVD, STE. 501
ALBANY, NEW YORK 12211
(518) 449-3900
FACSIMILE (518) 432-3111
SERVICE BY FAX OR EMAIL
NOT ACCEPTED
Reply to TTELISKY@coopererving.com
direct dial: (518) 432-3184
JAMES FENIMORE COOPER
(1888-1938)
WM. VAN RENSSELAER ERVING
(1925-1940)
B. JERMAIN SAVAGE
(1910-1952)
_____________
SENIOR COUNSEL
TERRANCE P. CHRISTENSON
MICHAEL A. KORNSTEIN
OF COUNSEL
CHRISTOPHER P. FLINT*
CAROLYN B. GEORGE
JAMES D. LINNAN♢
TIMOTHY B. THORNTON
TREVOR J. TELISKY±
COOPER ERVING
AUGUST 13, 2025
--2--
the Zoning Board of Appeals pursuant to Section 240-20.2(D) of the Saratoga Springs City
Code.
Lastly, it should be noted that your letter of July 29, 2025, sets forth a compliance
date of August 28, 2025, but further states that the cure date is ten (10) days after the date
of your letter (July 29, 2025). Based on the foregoing contradiction and ambiguity, Mr.
Fazioli interprets the cure date to be August 28, 2025, in accordance with New York State
Law. Notwithstanding the foregoing, this instant letter ensues to note Mr. Fazioli’s desire
to appeal your July 29, 2025, Letter Order and the alleged violations stated therein.
We intend to submit a further comprehensive response to the alleged violations
prior to the cure date of August 28, 2025, directed to the Zoning Board of Appeals.
Please take notice that by the filing of this instant letter which constitutes Mr.
Fazioli’s Notice of Appeal, any further enforcement efforts of your July 29, 2025, letter
order are stayed pending appeal in accordance with Section 240-20.2(D) of the Saratoga
Springs City Code.
Lastly, Mr. Fazioli reserves all rights and remedies available under the law. By
submitting this instant letter Mr. Fazioli further expressly reserves the right to
supplement this Notice of Appeal with a formal brief and petition in support of Mr.
Fazioli’s appeal.
Should you have any questions or concerns, please do not hesitate to contact the
undersigned directly. Thank you for your time and attention to this matter.
Very Truly Yours,
COOPER ERVING & SAVAGE LLP
Trevor J. Telisky, Esq.
CC: Mr. Gage Simpson, Chairman
Zoning Board of Appeals
City of Saratoga Springs
474 Broadway
Saratoga Springs, New York 12866
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