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Planning Board Attorney Baffles Community
To the Editor:
Developer Alfredo DeVido finally made an appearance before the Philipstown Planning Board at their June meeting, but not to file his site plan application as the ZBA directed him to. Instead, it was to thank new PB Attorney Steven Gaba who is about to let the developer off the hook, as they chuckled and chummed it up in the corner following an abrupt adjournment to the meeting with outraged citizens in the audience.
The unanimous decision from the ZBA revoked the developer's building permits after he admitted to actions that were clearly against the Zoning Code, requiring site plan approval. He sued the town anyway in an Article 78 proceeding, still pending in State Court while his attorney Bill Zutt asked the PB for a new avenue based on new circumstances in the case.
The May and June PB discussions show very little input from the board with Mr. Gaba imposing his legal take on the matter, despite the fact that there is NO application before his board. Even more baffling is the fact that Mr. Gaba's law partner, Adam Rodd is counsel for the ZBA and has taken quite the contrary position, stating so in papers recently filed with the courts that DeVido DOES still need site plan approval from the PB. So we have two attorneys, partners in the same law firm, giving conflicting advice to their client, the town of Philipstown. What is wrong with this picture?
From the second DeVido withdrew his original PB application, people have been bending over backwards to help him shove his sub-division down our throats. He seems to have a friend in all the right places and the latest one is Mr. Gaba.
Foundry Pond, the road itself is deteriorating fast, trying to fight the rivers of water pouring down it from the development underway. The road has already caved in on both sides near the waterfall due to runoff and constant construction vehicles. Should town officials allow this 4-lot subdivision to continue, it will be you and I, the taxpayers footing the bill to fix the road and provide for the necessary storm water management that DeVido doesn't want to pay for.
Numerous issues from his original PB application remain unresolved to this day. Even his surveyor, Glenn Watson stated during the October 2004 hearing with respect to numerous runoff concerns that "they are questions that need some study". That meeting wrapped up with current Chairman Anthony Merante stating "there were a lot of unanswered questions" and Mike Gibbons asking if "the CAC still needed to look at this" (which they hadn't). The PB is in place to perform a fair and thorough review of sub-division applications and to protect the safety and welfare of the community. Why then isn't their attorney?
David Weinpahl
Foundry Pond Road
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