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One Commerce Plaza Charles J. Gottlieb <br />Albany, New York 12260 Partner <br />518.487.7600 phone 518.487.7612 phone <br />518.487.7777 fax cgottlieb@woh.com <br />January 11, 2023 <br />VIA EMAIL & FEDERAL EXPRESS <br />Chairperson Debra Kaufman and <br />Members of the Zoning Board of Appeals <br />Town of Dover <br />126 East Duncan Hill Road <br />Dover Plains, New York 12522 <br />Re: Notice of Violation –ZBA Appeal <br />Dover Greens – Supplemental Submission <br />Dear Chairperson Kaufman and Members of the Zoning Board of Appeals: <br />This firm represents Dover Greens, LLC and its parent company Olivet University <br />(collectively the “Appellant” or “Olivet”), the owner of approximately 513 acres in the Town of <br />Dover, New York, identified as SBL: 7159-00-162702, 7159-00-65920 and 7259-00-814768 (the <br />“Property” or “Project Site”).This letter supplements Olivet’s November 15, 2022 appeal to the <br />Zoning Board of Appeals (“ZBA”), which seeks to overturn the September 19, 2022 Notice of <br />Violation (“NOV”) issued by the Town of Dover Building Inspector. The below responds to <br />questions posed by ZBA members at the January 4, 2023 meeting, and further demonstrates that <br />the NOV must be overturned because the subject site plan and special use permit approvals remain <br />valid (not expired) for two reasons: (1) the term “necessary” in Zoning Code § § 145-68(E)(1) and <br />145-62(H)(1) does not require a developer to obtain “all” building permits within 18-months of <br />approval; and (2) Olivet has vested its development rights in Phase 1 of the Olivet Campus project. <br />The Term “Necessary” in Zoning Code § § 145-68(E)(1) and 145-62(H)(1) Cannot be Interpreted <br />to Require that a Developer Obtain “All” Building Permits Within 18-months of Approval <br />The NOV determined that, pursuant to Zoning Code §§ 145-68(E)(1) and 145-62(H)(1), <br />Olivet was required to obtain “all” building permits for the entire Phase 1 of the Olivet Campus <br />within 18-months of obtaining final site plan and special use permit approval. Yet, a plain reading <br />of Zoning Code §§ 145-68(E)(1) and 145-62(H)(1) indicates that these provisions only require a <br />developer to obtain “necessary” building permits to avoid site plan and special use permit <br />expiration.