1990-01-29
WOOD & KLARL
A TIORNEYS AT LAW
153 ALBANY POST ROAD
BUCHANAN, NEW YORK 10511
THOMAS F. WOOD
JOHN J. KLARL
TELEPHONE (914) 73MH44
FAX (914)736-9082
DUTCHESS OFFICE
ROUTE 52
FISHKILL. NY 12524
BY APPT. ONLY
JENI SCHUTRICK
Legal Assistant
January 29, 1990
Counsel
MILTON BENSKY
Honorable Constance O. Smith
Supervisor, Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
d~ :<- 90
Dear Mrs. Smith:
Receipt of your letter of January 17, 1990 and enclosures is hereby
acknolwedged.
Inasmuch as the Town Board meeting of December 14, 1989 held at
Roy C. Ketcham High School was stenographically transcribed, and that a
verbatim record of all of the proceedings held at that meeting exist, I think
that any attorney could review the transcript and come to an opinion as to
whether or not the amendments to the Town of Wappinger Zoning Ordinance
that were voted on that evening, were adopted in accordance with law.
My review of those Minutes clearly indicate that a reading of them
as well as with the documents referred to by the then Town Supervisor, would
be clear and readily reviewed by the Town's new counsel.
Therefore, I respectfully decline your request with respect to rendering
a formal opinion in this matter, and would respectfully suggest that you call
upon Albert P. Roberts, Esq., to review the transcript and come to a conclusion
based upon the facts and the law.
If you have any further questions on this or any other matter which
I may have been involved in during my tenure, please do not hesitate to contact
me.
TFW:js