During the Planning Board meeting, it was revealed that two Planning Board members had recently met with the developerís representative, without attorneys present, to discuss a settlement of the lawsuit that would allow the project to be built. This meeting was held without the knowledge or consent of the three other members of the Planning Board.
As a village resident and a practicing attorney familiar with zoning law and this case, I am at a loss to understand why select members of the Planning Board felt it necessary to engage in any settlement discussion, let alone one unbeknown to even their fellow board members. Aside from the questionable nature of the meeting, it makes no sense that the board should be entertaining any settlement at this stage of the litigation.
All municipal boards operate (and indeed should operate) with the view that their decisions are made based on evidence, and are rational and legally supportable. The Planning Boardís legal position is quite strong, and the boardís attorney has done an excellent job of demonstrating to the court why the decision on Signature Place should not be overturned. All the paperwork necessary to have the developerís court case dismissed has been prepared and filed, and the court should issue a decision before the end of the year.
One member of the Board of Trustees has taken the position that such a meeting was a positive thing, as it helped the village avoid having to pay additional legal fees. This is misguided for two reasons. First, since the bulk of the fees have already been paid, any potential savings are negligible. More important, the Board of Trustees should not support any secret settlement discussions, as that would essentially undermine the hard work of any village board and send the wrong signal to those appearing before them. The trustees should remain steadfast in their belief that other village officials, empowered to make crucial decisions that affect the entire village, have performed their duties properly.
Michael Guararra
Rockville Centre
