Lawrence N. Gray, Esq.
Frank DeRubeis
Supervisor Patrick Vecchio
Smithtown Planning Director 99 West Main
Street
99 West Main Street
Smithtown, New York 11787
Smithtown, New York 11787
Councilman Robert Creighton
99
West Main Street
Smithtown, New York 11787
March 2, 2009
Re: AGAPE Merchant Advance, National Tournament Athletic
Center, Nick Cosmo & Newsday
Dear Planning Director DeRubeis, Councilman
Creighton & Supervisor Vecchio:
In
early February David Ambro of the Smithtown News wrote that Supervisor Vecchio and others were going to
investigate how it came to be that
Ponzi schemer Nick Cosmo obtained a sweet heart Temporary Certificate of
Occupancy. Creighton, DeRubeis and
Vecchio, the public is still waiting. Documents don’t lie. People lie.
More documents have come to light that cast suspicion on the integrity
of the Town’s Government, especially the Office of Supervisor.
An
October 10, 2008 Inspection Notice
for an inspection performed by the Building Department at the National
Tournament Athletic Center states that, “All work is to stop until such time as
the permits are issued. Failure to
comply will result in the issuance of [an] appearance ticket.” A follow-up Inspection Notice dated October 16th states, “The
permit is issued for the site work only.
No work is to be done on the Building at this time. The stop work order is still in effect for
the interior.” November 24th shows another Inspection Notice stating
that a permit was issued, the stop work order was rescinded, all work could
continue – and “please call for all required inspections.” Also, “The building may not be occupied
until a [Certificate of Occupancy] is issued.”
December 29th has
the site’s Fire Certificate Disapproved
by Public Safety Director John Valentine.
A December 12th Inspection
Notice states, “Building may not be occupied” because it was “not ready for
inspection.” Indeed, “the permit… [was]
for participant sports only – no spectators.”
Now get this Vecchio, Creighton and DeRubeis.
A
December 23rd follow-up
memorandum from Chief Building Inspector William White to John Valentine states
that
“Based upon our field inspector’s observation, it appears the above-noted
site is open for business and operating without a Certificate of Occupancy or
public assembly permit. This
business’s website also indicates that they are presently running tournaments. We are requesting an inspection… to issue
tickets….”
A January 9, 2009 Inspection Notice reads: “Final Construction Not Approved.”
An Inspection Notice of
January 20th reads, “Final
Construction Not Approved.” But then appears a “miracle memorandum” right
out of the blue from Planning Director DeRubeis to John Bongino, the Building
Department Director dated the January 22nd which begins
with “recently,”
as in, “recently this office
received a request for the Planning Department to inspect the above
referenced site for compliance with the approved Site Plan Exemption.” Who
made the request? Where is the
contemporaneous request memorandum? The
very next day – January 23rd –
generated another Inspection Notice which states, “Final Construction Approved.”
Below are memoranda that need fleshing out under oath.
A
Final
Site Plan Inspection Request was sent from Smithtown’s Building
Director to DeRubeis on December 11th.
It has a Resubmittal Date of January
20th that is stamped received at the Planning Department
on January 21st which is the
same 21st that a memorandum from the Building
Department’s Director was sent to DeRubeis saying, “The proposed addendum
application is for site plan modifications” and “the Building Department had
reviewed the above addendum transmitted to us on January 12, 2009 and
finds it acceptable.”
DeRubeis’s “recently this office,” supra,
is false. The question is who him -- up
to his falsity. “Recently” is a temporal pivot around for a cover-up of a corrupt
insider deal. I smell a rat, Pat and
when I smell a rat I know that you are somewhere in the woodpile. Enter
former Town Attorney John “Leaf Bag Case” Zollo, Esq. Voila, Nick Cosmo gets
a Temporary Certificate of Occupancy, infra. There is more.
On January 22d there appeared a Fax
Transmission from Peter Hans, Senior Planner to Joseph Nowotny with an asterisk
stating, “Based on my meeting with Bill White, it is unlikely a TCO [Temporary Certificate of Occupancy] will be issued.” DeRubeis circled and signed a Temporary Certificate Approved
document on the 23rd. He also drew up a Town Board Resolution Request for the Town Board “to accept in escrow the amount of
$10,000… from Agape Merchant Advance… to guarantee on-site improvements as per
Board of Site Plan Review re: National Tournament Athletic Center.” The certificate is crossed out with “not sending to Town Board -- $ sent to TA.” On this same 23rd a memorandum was sent from the Assistant Town
Engineer to the Building20Department Director stating that “in accordance with your request,
we have performed an inspection of the above… site to determine if the site
improvements have been satisfactorily completed.” He recommended
issuance of a Temporary Certificate of Occupancy, adding that, “it
is our understanding that a cash deposit in the amount of $10,000 has already
been accepted by the Planning Department for the … completion of the items
listed….” So what was the point
of the Engineer’s recommendation?
More post facto window
dressing? The deal had already been
cut.
Next is a January 26th letter by certified mail
from the Engineering Department requesting revised sets of plans for the site
with a copy to Ponzi schemer, Nick Cosmo.
Below is a bit of a tip-off.
January
26th witnesses a Memorandum to the File by Hans re Final Site Inspection Request which
begins with, “This memorandum is meant
to clarify the position of this office as it pertains to the above site.” There was nothing to clarify? Why a memorandum to the file?
The TCO had already been signed.
Who told Hans to write this
piece of historical fiction? No
dishonest reporting or editorializing from David Ambro of the Smithtown News can hide the truth,
starting with Ambro’s use of the word, “town” as a linguistic substitute for “Vecchio.”
Perhaps DeRubeis has
forgotten his memorandum to Town Attorney Yvonne Lieffrig on January 27th. “I am sending you this memorandum per our meeting this morning in light of
today’s Newsday article
(attached). With this I have included a
copy of all of our correspondence…. As
of last Friday, this department was in the position to recommend the issuance
of a Temporary Certificate of Occupancy for the above referenced site.” Blah, Blah and more blah. “Please advise… on how to handle this
matter.” Indeed, indeed, indeed. So this whole affair was more complicated
than DeRubeis’s office being “in a position?”
And what advice did Town Attorney Lieffrig render as to how to “handle
this matter?”
Councilman Creighton,
awaken from your slumber. Do your job
for a change. You’ve been on the Town
Council for a year. They appear to
nudge you out of a slumber so your vote may be heard. Even Lizzie Grubman would be embarrassed.
Yours truly,
Lawrence N. Gray, Esq.
CC: ADA
Christopher McPartland
Town Board
Legislators Lynne Nowick & John Kennedy
George K. Stevens & Andrew H. Brown
Smithtown Messenger
P.S.
Nick Cosmo is facing heavy federal time. If he cooperates and talks where do you folks hide?
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