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My Chairman Vinny
Dear Editor:
On 7-3-07, stated in a PCNR letter regarding the Foundry Pond Road development, "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".
You can now add our honorable ZBA Chairman Vincent Cestone to a growing list of town officials and consultants who continue to aid the developer. On 7-26-07, it was Rich Goldsand, hired town attorney who actually signed an affidavit to the courts in support of the developer without having received approval to do so from the Town Board.
At the ZBA's 9/10 meeting, Cestone was the only one who voted NO in re-opening the original case against DeVido. The other 4 ZBA members all voted YES, but unfortunately, a unanimous vote to re-open is required under Town Law.
Cestone had clearly decided to vote NO before even walking in the building and had no problems showing it by warning Attorney Robert Gaudioso that he was ready for a vote seconds after calling the item from the agenda and before a word even came out of the attorney's mouth.
Mr. Gaudioso summarized the reasons for re-opening the case, pointing to a recent letter obtained by the Town Board from the County stating that the access road to the Village reservoir cannot be used to meet the sub-division requirements. After being reminded of the developer's previous lies and misrepresentations before the ZBA, Cestone stated that "this isn't about punishing Mr. DeVido". And boy did he make sure of that.
From Jan-March, the ZBA heard 6 arguments as to why building permits were issued in error. The ZBA took the easy way out by sending DeVido to the Planning Board on the obvious illegal cottage relocation. They never decided on the remaining 5 arguments, and why bother; the PB would address them, right? Wrong.
The PB was a debacle, as is documented from their May meeting with a very vocal Tim Miller, questioning and arguing against the ZBA decision, this after he hadn't attended a single public hearing at the ZBA. Eventually, Chairman Merante, acting completely beyond the PB's jurisdiction, allowed their new attorney to advise DeVido that the PB would not be able to entertain his application. This letter would eventually find its way into the courts, the town's first sabotage of the community's efforts.
This magical 3 to 4 lot subdivision defies every principle in which the Comprehensive Plan is based on. Still to be dealt with are the horribly located driveways and non-existent storm water mgmt. plan which any other normally functioning town would review through their PB. Not in Philipstown.
ZBA Chairman Cestone made it quite clear that he doesn't want this application any more than the PB does, and that both Boards are kowtowing to an out-of-town developer by leaving tax-paying Philipstown residents to twist in the wind.
Will the current Town Board lift a finger to rectify this mess? Come to the 10/4 TB meeting and find out.
David Weinpahl Foundry Pond Road
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