1996-11-25
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D. JAMES O'NEIL
LOUIS J. VIGLOTTI
JEFFREY A. KAPLAN
VIGLOTTI & O'NEIL
PJTORNEYS AND COUNSELORS AT LAW
18 SOUTH AVENUE
(ROUTE 9D)
WAPPINGERS FALLS, NEW YORK 12590
(914) 297-4900
FAX (914) 297-4936
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November 25, 1996
Al Roberts: Esq.
Vergilis, Stenger, Roberts & Pergament
1611 Route 9
Wappingers Falls, New York 12590
Re: Dutchess Oil - Emporium Gas Station
Myers Corners Road and DeGarmo Hills Road
Dear Mr. Roberts:
I have just returned from the Town of Wappingers Justice Court regarding the above-
captioned site. The Town has again cited the tenant for the operation of a mini-mart in violation
of a Special Use Permit.
While the station does enjoy a Special Use Permit, the same attempts to limit the types
of food which may be sold there, including a prohibition against coffee, milk and sandwiches.
All other types of food and snacks appear to be legal. This questionable prohibition by the
Planning Board was the subject matter of a prosecution earlier this year. The Court's records
reflect that it was dismissed.
My cliems are quite concerned that the Mobil station at the corner of Myers Corners and
Route 9, the Mobil station at the end of All Angels Road and Route 82 and the Texaco station
on Route 376 have not been cited for this violation, while we have been cited twice in one year.
I have conferenced the matter with Mr. Close of the Town of Wappingers. We were
unable to arrive at settlement. Consequently, I have requested a jury trial in this matter and I
await the Court's notification of the trial date.
To compound this matter, it appears that the Town will not accept a sign permit from my
client who enjoys a thirty year lease. The Town is requiring that the owner of the property
apply for the permit. The lease clearly gives the right to the tenant to make this application.
My client is under contractual obligations to upgrade the station and brand it "Gulf". The
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Page 2
. November 25, 1996
Town's continuous refusal to even accept an application is resulting in unwarranted delays and
possible contractual liability to my client.
I write you again in the hopes that you will involve yourself in this matter as I am sure
that it may be resolved with some negotiations. The alternative is escalated litigation which I
am sure you agree, serves no purpose.
I await your response.
Very truly yours,
VIGLOTTI & O'NEIL
LJV /jk
cc: Dutchess Oil
Supervisor Constance Smith
Louis J. Viglotti