This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

Albert Anthony Capellini Has "A" Credibility Issue

You may have heard about Mohegan Lake's 4 year struggle to rein in an outsize new building with insufficient, nebulous parking, proposed at the top of the lake.  If, not, you can catch up here.

Here is the set up for the video clip:
  1. Pastor Zotolli of Faith Bible Church submits a sworn affidavit to the Zoning Board of Appeals and equates the character of the north side of Mohegan Lake with a "casino" and "cabaret" type atmosphere; he thinks the 16,751sf building he is proposing on 1 acre[!] in the Mohegan Highlands Property Owners Association is "more in keeping" with the character of the neighborhood.  He goes so far to as attach drink lists and other historic material for a hotel on the south side of the lake, before the residential community was established and when Mohegan Lake had an active quarry at Sylvan Glen.
  2. At the Planning Board meeting on 4/7/2014, Pastor Zotolli can't recall said affidavit he submitted to the Yorktown Planning Board a couple months ago.
  3. Albert Anthony Capellini steps to the mic, after Pastor Zotolli has a brain fart, then explains exactly what was contained in "Pastor Zotolli's" "affidavit." 
  4. [shake head in disbelief]
I have a feeling the good pastor never read the sworn affidavit.  It raises credibility issues, especially since Al was the notary, and had perfect recall (except the hotel was on the south side of Mohegan Lake, about 1.5 miles away from his site.

My favorite part about the "casino" part of the video is that Rockin' John Savoca [sitting Planning Board member and expert on guitar] totally eggs him on after the pastor had clearly been all like: "good night folks."  Thanks Mr. Savoca, you rock, you rock star. 

[editor's note: Al, you need to make sure the people you ghost-write for know what you write for them, especially when it's notarized.  It makes it too easy when they have zero recollection of 15 page "affidavit" wit 20 pages of exhibits attached, addressed to the Planning Board in the summer of 2013 containing a very detailed and very specific history supposedly related to the site in Mohegan Lake for Faith Bible, but can remember details pre-1994.  Just sayin'.]

Please review the attached photographs which are all taken from Yorktown's "administrative record" of the ZBA determination my pending article 78 petition is challenging.  Mr. Giranda was spot on: Albert Anthony Capellini (among other people) has a very, very serious credibility issue. 

So I leave you with this:

Is it ok for an attorney to prepare a "sworn" affidavit for a client who never reads, or has any understanding, of the text contained in an affidavit submitted to the Yorktown Zoning Board (or any other agency)--and then notarizes said document?  


Download the movie

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?