Contentious Battle Over Orangeburg Commons Continues

FB Orangetown, LLC's request to change the site plan for the proposed Orangeburg Commons project continues to generate friction with the Orangetown Town Council.

The discussion between the representatives of FB Orangetown and the town council continued this week as part of Tuesday's workshop and much of it was contentious.

The council put a discussion of the situation on the agenda for Tuesday, but attorney Geraldine Tortorella, whose firm represents FB Orangetown, insisted she was not told about it until she called the town offices that afternoon.

Tortorella found herself facing questions from council members, but did not have members of her own team that she felt should be present to answer them.

"If we had been given prior notices, I would have tried to have them here," Tortorella said. "I got the agenda this afernoon. I ask that we begin the formal process. Let us bring our team in here and make a presentation."

Councilman Denis Troy contended that he had informally told attorney Kevin Mulhearn of Orangeburg, who is affiliated with FB Orangetown, LLC, of the addition to Tuesday's agenda this past Friday.

Orangeburg Commons

The town board voted in 2006 to grant a special permit for mixed use of the location at 170 Route 303 in Orangeburg, which was to include two hotels and two retail buildings. The work was put on hold due to the downturn in the economy.

FB Orangetown is asking to change the site plan to allow for a Stop and Shop supermarket to be built as part of the proposed Orangeburg Commons project. The change also includes an additional 21 parking spaces. The group has a commitment from Marriott Residence Inn to build a hotel at the location.

FB Orangetown is also asking that the abandon a sewer easement that runs through the property, which was also a condition of the 2006 special permit.

The request was submitted June 28 and Tortorella, Mulhearn of and several residents spoke during the public portion of a meeting in July asking the town council to expedite the matter. When board members said they needed more time, FB Orangetown took out a full-page newspaper advertisement questioning the delay.

"There is fault on both sides here," Troy said. "When you put full-page ads in whacking away at us, giving only one side. Nobody responding back on the other side. You have a designated hitter whacking away at us here during public portions. I don't handle that well. It's one of my failings."

The issue also became a key point in the Republican primary in which Supervisor Paul Whalen was challenged by Allan Ryff, a race that Whalen won last week. Ryff was one of the residents who spoke up at the meeting in July.

One thing members of the town board have questioned is the characterization of the change to the plan as minor.

"There have been a lot of lovely letters put in the paper," Councilman Tom Diviny said. "I'd like the question answered as to how minor a change this is."

Tortorella said that the traffic study done by FB Orangetown showed no additional negative impact on the intersections and roadways near Orangeburg Commons.

Troy is the only member of the council left from when the special permit was granted in 2006. He said he had concerns at the time about changes being made in the plan. One reason the deal has been attractive to the town is the hotels, so being sure that those are built is an important factor. Troy said he wants a representative from Marriott Residence Inn to come to speak to the board as they did in 2006.

"One thing I said at the time is that I was concerned about a bait and switch," Troy said. "What had to happen was one hotel had to be built before the retail was built. I will say the same thing now. I'm even more skeptical now than I was then.

"If it wasn't economically feasible the last five years, you will have to do some sales job to me that in this economic environment it is now feasible to build two hotels."

"When we finished our approvals, things changed drastically in 2008," Tortorella said. "I've been in this field of law for 24 years and what occurred from 2008 to the end of 2010 is something I've never experienced in all my years of practice. People who had approvals and had invested a lot of money suddenly didn't want to put money into the construction and in many instances did not have the financing for construction."

Another point of contention is $540,000 that FB Orangetown owed the Town of Orangetown for the removal of an old sewer line, which was only recently paid.

"What took the developer so long to pay the town?" Whalen said. "It was four years the town wasn't paid $540,000. It seems like they had a new deal coming, so they decided to meet their obligation. That speaks a little bit to character and meeting your obligations."

Troy did make the point that any notifications of future discussions on the matter must be made in a more timely manner.

"We have a right to have the application process and we have a right to a decision," Tortorella said. "I would welcome the opportunity to have the initial presentation."