Here is an email I sent to RUPCO moments ago, copied to the Woodstock Town Board and a couple of others, but on its way to a scroll of other recipients:
Attention RUPCO:
Town of Woodstock issuance of a building permit to RUPCO prior to all other permits, including the water permit, is a violation of the final resolution that was passed by the Planning Board last year, which states that no building permit shall be issued before “Acceptance of Sanitary Sewer Force Main on behalf of Hamlet Sewer District, acceptance of Public Access Easement for public access to the on-site trails, acceptance into the Town Lighting District of the Project Sponsors’ infrastructure & Acceptance of Water Main on behalf of Town Water District by the Woodstock Town Board.”
Clearly, the Town Board has not granted RUPCO the water main. At the time of the writing of this email, at least two town board members have stated vehemently, to Building Department personnel, that issuance of a building permit at this time is prohibited. I have been told that Supervisor Jeff Moran has stated that town attorney Futerfas will look at this issue on Friday of this week. This can only mean that it is an issue that needs to be examined. There is no reason for the town attorney to look into it if action will be taken prior to his examination of the issue.
However, should RUPCO receive the building permit anyway as a result of Supervisor Moran's failure to adhere to the conditions of the final resolution, and to disregard several town board members' insistence on examining this issue and abiding by the condition to grant RUPCO the water main through a normal Town Board vote, and instead commands the building inspector to sign the building permit, citizens of Woodstock certainly will file an Article 78 petition against Town of Woodstock, naming RUPCO as additional respondent. RUPCO will not be able to argue that this petition came as a surprise, and therefore RUPCO will be liable for all expenses incurred should it break ground as a result of a building permit issued in violation of the final project resolution, should a judge decide that the town acted erroneously and has the building permit revoked. In other words, RUPCO will be estopped from claiming costs or arguing work underway as a defense, merely by having read this warning email.
Please note that I am away from my office right now, and so I have included only the recipients I could find easily, but be aware that this email will be forwarded to dozens of people in Woodstock, as well as posted on my blog, thetroublewithrupco.blogspot.com, momentarily.
Have a great day!!
Robin Segal
