William Coden 36 Spring Street Cold Spring Harbor, New York 11724 Telephone: 516.448.1577 December 27, 2016 VIA HAND DELIVERY Supervisor Petrone and Members of the Huntington Town Board ‘Town Hall 100 Main Street Huntington, New York 11743 Re: Termination of Christopher Modelewski as the ZBA Chairman ‘Dear Supervisor Petrone and Members of the Huntington Town Board: Itis my understanding that the Huntington Town Board has the ability to determine whether to reappoint Christopher Modelewski as Chairman of the Zoning Board of Appeals (“ZBA"). Accordingly, 1am writing the within as [feel strongly, for the reasons set forth below, that Chairman Modelewski should lose his Chairmanship effective immediately. Ata minimum, the Town Board should address the glaring conflicts of interest between Chairman Modelewski, John Breslin Esq. and RMS Engineering “RMS”. In order for the Zoning Board of Appeals to operate effectively, the Zoning Board of Appeals must act independently and not have any professional or personal ties to an applicant's representatives that would affect their ability to issue variances, special use permits and interpret the ‘Town Code. Accordingly, the ZBA should be held to a higher standard than any other board. As you already know, separate from acting as Chairman of the Town of Huntington's ZBA, Chairman Modelewski, is a licensed attorey who has his offices located at 44 Elm Street, Huntington. Mr. Breslin, who is also licensed attomey and a licensed real estate appraiser, who routinely appears before Chairman Modelewski, also has an office located in the same building as Chairman Modelewski. Uponreview of the ZBA records, itis clear that Mr. Breslin routinely appears before the ZBA as both an attomey and a real estate appraiser. Further, Mr. Breslin, RMS and Chairman Modelewski also work together, often representing the same client, before other municipal boards such as the Incorporated Village of Northport’s Board of Zoning Appeals.Supervisor Petrone and Members of the Huntington Town Board December 27, 2016 Page Two It’s astonishing that Chairman Modelewski, Mr. Breslin and RMS are able to work together representing a client(s) in their respective professions outside of the Town of Huntington while simultaneously Mr. Breslin and RMS appear before the Mr. Modelewski in his capacity as Chairman of the ZBA. Attached are the pertinent pages of three transcripts demonstrating that Mr. Modelewski, Mr. Breslin and RMS have represented the same client(s) before other municipal boards - there are plenty more in Village of Northport and other surrounding Towns. Asa resident, 1am confounded how Chairman Modelewski is permitted to determine matters presented before him by an attorney and expert he has worked with in his private practice and continues to work with; and then is expected to rule impartially, and make determination that are usually contrary to the Town Code. Based upon a quick review of the ZBA cases as well cases in the Village of Northport, one can only assume that you must retain Mr. Breslin and RMS to prevail in the Town of Huntington. Furthermore, it is not farfetched to imagine that a resident / client would be impressed hiring the Chairman of the Huntington ZBA to represent them in another nearby municipality, such as Northport, then hiring RMS and/or Mr. Breslin as their experts in order to prevail. Moreover, itis not unfathomable to believe that hiring Mr. Breslin, conveniently located within the same building as Chairman Modelewski, who works with him outside the Town of Huntington, would not yield ‘extremely favorable results when appearing before Chairman Modelewski at the Town of Huntington ZBA. According to the Northport ZBA clerk, Chairman Modelewski, Breslin and RMS work together “all of the time”. Asthe Chairman ofa “quasi-judicial body” itis expected that Chairman Modelewski act with the integrity of a quasi-judge. It would be completely unethical for a Judge to: 1. Utilize their position within the Court system to attract clients for their private legal practice; 2. Partner and work with experts, while presiding as Chairman, in their private legal practice who will subsequently appear before the ZBA; 3. Have their office share space with attomeys who regularly appear before them at the ZBA; and 4. Retain experts / attorneys to work on matters before other ZBAs representing a client together who share office space and then regularly appear before him as Chairman.Supervisor Petrone and Members of the Huntington Town Board ‘December 27, 2016 Page Three ‘My personal experience with Chairman Modelewski has further confirmed that he is not Chairing the ZBA in an unbiased and ethical manner. ‘The Town of Huntington should be very familiar with the issues surrounding the Sandbar, Eisenman lot and Spring Street, In 2013 the ZBA/ Modelewski granted a commercial driveway to be constructed for the Sandbar restaurant through a residential neighborhood, modifying the zoning, and resulting in Spring Street becoming a truck loading / unloading zone fora commercial restaurant. Mr. Breslin represented and continues to represent the Sandbar and RMS was hired as the Sandbar’s engineering expert. To my knowledge, until the Sandbar was granted said variance by Chairman Modelewski, a commercial driveway had never been approved to pass into a residential neighborhood in the Town of Huntington. Moreover, after completing much research, Inow believe thatthe ZBA did not have the authority to grant the commercial driveway within the residential zone. Further, since 2013, I have personally been told by several representatives of the Town that Chairman Modelewski’s decision was a “mistake”. Moreover, the driveway, as a result of another “mistake” cannot be utilized in accord with the variance granted by Chairman Modelewski and recommended and designed by RMS as the Sandbar trucks cannot tum from Main Street into the Sandbar rendering the driveway ineffective and more importantly, the huge One Way and Do Not Enter signs, within the residential neighborhood on Spring Street, useless Subsequently, in order to improve the “mistake”, the Sandbar and the adjoining illegal parking lot owned by Eiserman have applied for another ZBA permit requesting that a larger commercial loading zone and parking lot, within the now zoned residential neighborhood, inhabited by families and young children, be turned into a commercial lot and back alley loading zone. It should not be surprising to anyone that Mr. Breslin and RMS are working together on this application currently before Chairman Modelewski. As an aside, I have now been forced to incur tens of thousands of dollars to oppose the new application on which Mr. Breslin and RMS have been retained by the Sandbar and Eiserman which is presently pending before Chairman Modelewski for determination. While Chairman Modelewski is very familiar with the fact that a much less intrusive application to install a driveway on Spring Street to access Eiserman’ illegal parking lot has been denied twice before by the Huntington ZBA and affirmed by the Supreme Court and later the Appellate Court, he has still determined to proceed with the application filed by Mr. Breslin. As the Chairman is well aware, the Courts have held that the commercial driveway through a residential property would adversely affect the character and safety of the neighborhood however, at the hearing which occurred in September 2016, Chairman ‘Modelewski claimed that he was not bound by the Appellate Court and was hearing the matter “de novo”. Assuming Chairman Modelewski decides this case contrary to the Appellate Courts prior decisions, the Town of Huntington is going to be in the awkward position in front ofa Court of lawSupervisor Petrone and Members of the Huntingion Town Board December 27, 2016 Page Four defending a position contrary to the position they argued and won previously in front of the Appellate Court. Ironically, the Town of Huntington previously opposed the approval of the Eiserman commercial lot within the residential zone~two times! Obviously, more money and legal resources will be incurred by myself and the Town of Huntington if Chairman Modelewski is unable to issue an unbiased determination. Please note, the hearing can be viewed on video posted on the HuntingtonNY.gov site. assure you it’s quite interesting to review. In connection with the September 2016 hearing, [retained a lawyer to represent my interests along with three separate experts (real estate, environmental and city planning and transportation). Aspreviously stated, thus far this has cost me literally tens of thousands of dollars. expect it to cost me tens of thousands more if I am forced to file Article 78 proceeding provided Chairman Modelewski is notable to determine a matter consistent with the two previous ZBA decisions as well as the Appellate Court. Sadly, most residents who appear before the ZBA are not in a position to obtain counsel and experts to defend their interests against Chairman Modelewski, Mr. Breslin and RMS. In fact, most applications are granted and the residents are not heard due to their inability to contradict experts Chairman Modelewski himself continues to partner and appear with in other Suffolk County ZBA hearings. Inaddition to not reappointing Christopher Modelewski, the Town Board should request that the Christopher Modelewski, Mr. Breslin, and RMS relationship be investigated by US Department of Justice as a result of Chairman Modelewski utilizing his position to assist his “friends” in obtaining relief that should not ordinary be granted. ‘Thanking you in advance for your time and attention to this very urgent matter, I remain, Res Wil co: Honorable Jo-Ann Raia, Town Clerk Deputy Supervisor Pat Deleol Councilwoman Tracey A. Edwards Councilman Eugene Cook Councilwoman Susan Berland Councilman Cuthbertson John Breslin, Esq, [via regular mail] Chairman Modelewski [via regular mail]Mayor George Doll Deputy Mayor Henry Tobin Village Clerk Donna Koch Deputy Clerk Cathy Romanczyk Northport Zoning Board of Appeals Chairman of the Zoning Board of Appearls Andy Cangemi Board Attorney Jonathon Heidelberger, Esq.10 1 12 13 14 15 16 Ww 18 19 20 21 22 23 24 25 VILLAGE OF NORTHPORT BOARD OF ZONING APPEALS In the Matter of the Application of ERIK & VINCENT MANNGARD File #1187 for a variance under Zoning Ordinance Residence C, 306-22B(3), lot area, D(3), lot width, B(3), street frontage, and F(3), front yard depth; applicant wishes to raze garage and build a single-family house. CONTINUATION OF HEARING in the above-captioned matter, held on the 28th day of January, 2015 at 7: P.M., at Village Hall, 224 Main Street, Northport, New York, pursuant to Notice of Hearing, adjournment thereof, and before Judi Gallop, a Notary Public in and for the State of New York. ran ORIGIN MODERN SHORTHAND REPORTING AGENCYPage 7 ARREARANCES: 2 ANDREW CANGEMI, Chairman 3 RICHARD LEONARD, Alternate KENNETH BUTTERFIELD ARLENE HANDEL JANET PUSHEE (Recused) 5 ROGER RAMME (Recused) 6 CATHY ROMANCZYK, Secretary to Board i 7 JONATHAN HEIDELBERGER, ESQ., Attorney for Board 8 CHRISTOPHER MODELEWSKI, ESQ. Attorney for Applicants j 9 44 Elm Street, Suite 18 i Huntington, New York 11743 10 JOHN BRESLIN, Real Estate Expert qa 44 Elm Street Huntington, New York 11743 12 ERIK MANNGARD, Applicant 13 35 Cairo Avenue Northport, New York 11768 14 000 15 | 16 17 18 19 20 21 22 23 24 25 MODERN SHORTHAND REPORTING AGENCY : (631) 421-160210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VILLAGE OF NORTHPORT BOARD OF ZONING APPEALS In the Matter of the Application of SOCH BRANDS, INC. for a variance under Marine Business District, 306-14, permitted use, and 306-21, parking requirements; applicant wishes to open a brewery: and retail store. File #1206 HEARING in the above-captioned matter, held on the 28th day of October, 2015 at 7:42 P.M pat Village Hall, 224 Main Street, Northport, New York, pursuant to Notice of Hearing, and before Judi 1 Gallop, a Notary Public of the State of New York. ORIGINAL MODERN SHORTHAND REPORTING AGENCY (631) 421-160210 11 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 Page 2 re rs In b& be i io & e ANDREW CANGEMI, Chairman KENNETH BUTTERFIELD ARLENE HANDEL JANET PUSHEE ROGER RAMME, CATHY ROMANCZYK, Secretary to Board JONATHAN HEIDELBERGER, ESQ., Attorney for Board CHRISTOPHER MODELEWSKI ESQ. Attorney for Applicant 44 Elm Street, Suite 18 Huntington, New York 11743 RMS ENGINEERING 355 New York Avenue #1 Huntington, New York 11743 » BY: AARON. MACHTAY SOCH ANDRIANO 000 MODERN SHORTHAND REPORTING AGENCY (631) 421-160210 11 12 13 14 15 16 17 18 20, 21 22 23 24 25 VILLAGE OF NORTHPORT BOARD OF ZONING APPEALS In the Matter of the Application of : PAUL GALLOWITSCH File #1201 for'a variance under 306-20D(5), E(2), 20F(3), 201(3), 306-218 and C(1), : minimum front and rear yard, street frontage, lot coverage, and parking and unloading; applicant wishes to add a deck for rooftop di HEARING in the akove-captioned matter, held on the 29th day of July, 2015 at 8:25 P.M., at Village Hall, 224 Main Street, Northport, New York, pursuant to Notice of Heating, and before Judi Gallop, a Notary Public of the State of New York. CRIGINA i 1 MODERN SHORTHAND REPORTING AGENCY (631) 421-160210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 ANCES: ANDREW CANGEMI, Chairman KENNETH BUTTERFIELD ARLENE HANDEL JANET PUSHEE ROGER RANME, CATHY ROMANCZYK, Secretary to Board JONATHAN HEIDELBERGER, ESQ., Attorney for Board CHRISTOPHER MODELEWSKI, ESQ. Attorney for Applicant 44 Elm Street Huntington, New York 11743 ADL III ARCHITECTURE, Architects for Applicant 34 Woodbine Avenue Northport, New York 11768 BY: ALEX LATHAM RMS ENGINEERING, Engineers for Applicant 355 New York Avenue Huntington, New York 11743 BY: WAYNE A. MULLER, P.E. and AARON MACHTAY, P.E. 000 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602