by Thaddeus Flint
A special meeting of the New Lebanon Town Board was heard last Monday to discuss yet once again the zoning plight of Robert Mittnight Jr.
Mittnight Jr. has had zoning problems in New Lebanon of one sort or another now for almost nine years. Recently a New York State Supreme Court Judge ruled that Mittnight Jr. had until April 30 to remove building and other materials from his property. If he didn’t he would be looking at jail time.
So it seemed a ray of hope that the Board would take some time to further discuss this case which had appeared rather hopeless to Mittnight Jr. He appeared at the Board meeting with his attorney and a group of supporters with some expectation that this time a solution could be found. “I sure hope this goes well, that would be nice,” he said. It might indeed have been nice, however there was to be no discussion of the case. None that could be heard anyway. The Board immediately went into executive session – got up and went to their secret room to discuss secrets secretly.
While there was nobody from the Town now left with which to discuss things, Mittnight Jr. and his supporters found other things to discuss to pass the time. How sweet corn is priced, baby calves, taxes, various ailments. Nobody was getting any younger in that room.
After an hour or so Mittnight Jr.’s attorney was sent for. The room became hushed with some growing anticipation. Supporters left in ones and twos to smoke or get some fresh air in the parking lot. The spring peepers could be heard outside chorusing for mates.
Mittnight Jr.’s lawyer returned. “It looks good,” he said. At that moment it looked like Mittnight Jr. would be allowed to apply for a permit to build a pole barn. If he had a pole barn he could put his building materials away inside it and not go to jail. He would have to work fast though, there would be deadlines to meet. By July 15 he would need the pole barn framed. The structure would need to be substantially completed by October. “The deadlines are going to be tough,” said the attorney. Could Mittnight Jr. do it?
“Holy mackerel!” said Mittnight Jr.
“That’s the bad part,” said the attorney, “the good part is it’s done!”
“Looks like we are having a barn raising!” exclaimed one of the supporters.
The supporters now talked for a while of the particulars of pole barn construction. The Board had still not returned from their secret room. The merits of steel framing versus wood were discussed in detail.
The wait continued. Someone told a story of having fourteen raccoons. “The favorite thing to a raccoon is a marshmallow!” he said. “Sly little devils they are!”
After another half hour or so, the lawyer was sent for again. This time he came back looking less positive. He sat down on a folding chair and said “Hmmmm…” The Board came walking back in. They sat down at their table, and a motion was immediately made to end the meeting. Then they got up and left. There was to be no discussion, no agreement, no solution, no end. There would be no barn raising either. Mittnight Jr. was once again left in limbo.
Mittnight Jr. looked back at the past nine years, including the fifteen days he has already spent in jail because of zoning problems. “I thought I was doing the right thing,” he said, “but I guess I didn’t make the right decisions.”