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February 18, 2008
(The original of this letter was sent to Mayor Gross and the village trustees, responding to a letter submitted to the village from former Mayor Moulton.)
To the Editor:
In response to Mayor Moultan’s letter dated February 2, 2008. I would have to assume that I am the loudest and longest speaking individual referred to in this correspondence considering I have been the most vocal since the former Mayor approved the 10 year Licensing Agreement for 10’ x 40’ of River Ave. for use by the River Bank for a patio.
What have I been so loud and long winded about? Enforcing existing laws and reporting a series of misrepresentations and oversights that have lead to Site Plan Approvals, Zoning Variances, Certificate of Occupancies as well as Licensing Agreements for use of Village owned property . The investigation into the approval process for the restaurant and patio opened a Pandora’s Box.
There is no question of fact. Anthony Missere represented to all the Village Boards that his properties are located in a zone which permitted his use and they clearly are not. Steve Drabik, a licensed professional, certified this on maps prepared and submitted to the Boards for multiple approvals. Jacobowitz and Gubits the village attorney recently wrote a letter stating there is no ambiguity in the Village Code, “it is quite clear that only those properties that are mapped for inclusion within the CBS district are within the CBS district” Missere’s properties are not mapped for inclusion. The River Bank Restaurant and the patio located on Village property are operating in violation of the Villages laws.
My appearances may be frequent and inconvenient but I am only stating facts, submitting documents and reciting New York State and Village laws. I will continue to appear at Planning Board, Zoning Board and Village Board meetings until these laws are enforced .
Mayor Moulton also referred to the Official 1977 Zoning Map. This map, adopted in 1977 specifically excluded 3-5 River Ave and 7-9 River Ave from the CBS district. The SR zone where these properties are located specifically permits Municipal use, section 172-8(7) and office use 172-8(16) in the Village Code. Restaurants are not permitted. .Considering this it was clearly not an oversight that these properties were not included in the CBS zone and had been used for these purposes since 1977. If Mayor Moulton felt strongly an error had been made in 1977, he had 26 years in office to change the zoning laws to expand the business district to include these properties. Why did this become an important issue now? This should have been done prior to granting approvals and licensing agreements, not after it was “ found out” by a loud, long speaking citizen.
The New York Court of Appeals has ruled that a printing error or an error by a clerk cannot change zoning. It is clear what the zoning is for that location, and it should be enforced. The interest of the public in having a law enforced should not be frustrated because an error was committed in administering that law. If in fact a series of errors, oversights and misrepresentations has allowed Mr. Missere to gain these approvals it still does not change the zone and zoning laws. The courts decision also stated “ Reasonable diligence by a good faith inquirer would have disclosed the true facts and
the bureaucratic error”. Mr. Missere and Mr. Drabik have a responsibility to verify facts before submitting applications and plans for approvals.
So this raises the question of what is the reasoning behind Mayor Moulton’s letter? Is the greater public good served by changing zoning laws for someone because they were caught violating them? Was it for the greater public good to give up two sorely needed parking spaces for a patio so that the River Bank can serve dinner and drinks for profit? Was the public good considered when Zoning and Planning Boards were by passed? Does he feel the same way about all properties that fall just over the CBS zone line? If so where will it end, how far should the business district expand?
Quoting Trustee Fogarty form the January 22, 2008 meeting “ A line in the sand is a line in the sand, we learn in kindergarten we draw a line in the sand and we stay within that line”.There is no place for favoritism and selective enforcement. Laws should be enforced and applied equally to all.
Sincerely,
Raymond D. Yannone Jr.
Comments:
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Just another example of how Mr. Moulton seen things from the Mayors office. He could do whatever he wanted. Just ask the residents of Cliffside Park. I guess once he got away with violating the View Preservation Law he felt he could do whatever he wanted with the zoning laws. Election day is coming up soon and I hope the residents continue what they started last election day.
posted by j. cornish on 02/19/08 at 6:14 PM
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I hope the residents of Cornwall-on-Hudson aren?t BAFFLED by b.s. and invest their time and energy to take a look at the big picture, not just a few purported ?hot topics? when making a decision election day. Being Mayor or Trustee of a Village is a great responsibility. A verifiable history of experience in public service, community involvement, integrity, and management should be at the forefront of your decision when voting next month.
What would happen to a corporation with a multi-million dollar operation and hundreds of employees who hired a ten-year old as their CEO? Unless it is a ten-year old genius, the corporation would stand to loose millions of dollars and employees! Community involvement in local government is necessary and should be encouraged. The inability to make decisions and act swiftly on issues that are in the best interests for the community at large certainly impedes progress and is poor management. Everyone makes mistakes and must be held accountable for them, however as God has taught us, we must learn to forgive and move forward. I forgive you Mayor Moulton for your mistakes and I greatly appreciate your leadership, progress and achievements for the Village!
Great job with the Riverbank Tony and Lucy! Your class shines through your presentation from the great building renovation to the beautiful outdoor seating area and the delicious food. You certainly have the best interests of improving the ?Village Business District? and building a successful business at the forefront of your agenda, keep up the great work! Your outdoor seating area was occupied by two restricted parking spaces for POLICE only until the move to 325 Hudson Street. In looking at the beautiful Belgian block, blue stone flagging and rock walls, the Village should have allowed you to extend the beautiful sitting area to the curb as both a public sitting area with private dining. Painter?s was successful without these parking spaces and your patio is certainly elegant and enhances the aesthetics of the Business District. More business owners like Tony and Lucy should invest the passion and money into their businesses! The Village certainly missed out on the opportunity and collaborative efforts of dedicated business owners who had the best interests of enhancing their business and commerce in the Village.
Effective management and execution of Village business that is for the greater good, should proceed and not be hampered by individuals with tunnel vision. Failure to take full advantage of private and public monies for improvements to the Village Square will cost the taxpayers and the few businesses that exist hundreds of thousands of dollars. Cleanup the EYESORE dumping ground and build the parking lot and roadway referred to in the License Agreement between Tony Misere, the Village and Mr. Gilmore?s proposal.
It would be great to see the owner(s) of the Storm King Building invest the time, energy and money restoring the building and improve the appearance of the Village Square instead of wasting time and money on attorneys and countless letters.
Expand the Business District and Move Forward before the Highway Department has more grass to mow, trees to trim, and there are no businesses left in the Village to worry about parking problems!
posted by Commonsense on 02/21/08 at 7:54 PM
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more grass to mow and trees to trim?
who is this class act? maybe we should of went ahead and build the hydro electric plant on the side of storm king.
Please take a look at the natural beauty that commands this area and work in harmony with it not against it.
posted by jcbike1 on 02/21/08 at 9:37 PM
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