Mohegan Lake Legal Defense Fund

History of this site

This site was originally set up to fight 3 of 5 zoning variances proposed by the FBC development at Sagamore Trail and Mohegan Ave that eliminates two single family homes while nearly quadrupling the parking and occupancy loads of the old Lakeland Jewish Center. That effort failed and the application is currently before the Planning Board.

While Save Mohegan Lake will continue to update you on that issue, we are moving on to all issues affecting the lake, such as Mohegan Lake Improvement District (MLID) meetings, agenda and budget. This site is not an official mouthpiece for MLID, but some updates will be provided on this site; the official site is located here.

We do it all here, so long as it's Mohegan Lake related. Feel free to submit comments, content, garage sale notices, police blotters, PSA's, essays on the virtues of our 105 acre ice rink, rants, raves, etc... We love it all.


Friday, April 22, 2011

"Non-Simultaneous Occupancy"

As FBC's architect will tell it to you, the entire building will never be occupied by more than 344 people on both floors. Ever. I take issue with that. Namely because it's based on a non-existent section of the code. If you can find any section, clause, article, etc...of our building code (Yorktown uses the New York State Uniform Building Code) that defines and outlines parameters for "non-simultaneous occupancy," then I will buy you, +1, dinner at Le Bernadin. Leave your citation, with contact information, in the comment section below.

[click on image; image get bigger]

2nd Floor:

1st Floor

Please note, this floor is never to be occupied while the 2nd floor sanctuary is. That's right, the nursery and classrooms will never be occupied while there is a sermon upstairs. At least that is the narrative being put forth by the design team. I'd like them to cite the section of the code that allows them to claim the entire first floor as "non-simultaneous occupancy."

This shows you that the code is absolutely silent on "non-simultaneous" occupancy. It's an undefined term and not allowed under any circumstance. Perhaps the Town Supervisor or Building Department Commissioner can grant a variance for such?

IBC article explaining why they don't like, or define, "non-simultaneous occupancy"

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