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.


Monday, June 13, 2011

June 23rd, 2011: Zoning Board of Appeals Hearing on FBC's 5 Variances

[The orange words below are links to additional information]

At tonight's Planning Board working session, it was confirmed by Joseph C. Riina of Site Design Consultants of Yorktown and Albert A. Capellini, Esq. (former Yorktown Town supervisor) that the developer did not notify several of the legally interested parties of their previous application for 3 zoning variances (2 major and 1 minor). This was cited as the reason for the revocation. Mr. Capellini basically stated that the applicant didn't know that they owned property that had frontage on Lakeside Drive. It's a steep hill, but, seriously? There is a survey in the file that clearly labels "Lakeside Drive."

Sadly, they also confirmed that the retaining walls proposed under the new zoning board application with 5 variances (3 major, 2 minor) were not new and were actually a part of the original application [note: the two additional variances are compounded in that the 10 foot encroachment into a required 12 foot side yard will also be nearly 3 times the legal limit for a retaining walls].

Retaining walls will be used to level an incredibly steep hill-- a hill the town is charged with preserving; oh, and did I mention the parking lot and retaining walls requiring MAJOR variances are replacing a single family house? We are up to 3 major variances and 2 minor to make this happen; that's a 3 fold increase from what was presented about 3 months ago.

That means that these preeminent professionals either missed, or intentionally omitted the two biggest zoning variances. It should be noted at this point that the project could move forward with no variances whatsoever. Therefore, it's disturbing that the developer is proposing such radical deviations from laws enacted to preserve the few remaining low-density, single family neighborhoods and the steep slopes that make them so unique.

What amazes me, personally, is that the developer's team repeatedly cites the unique slope of the site and the challenges that it presents, but not a single section through the hill exists; please do share. Add to that, the near dismissal of the "interested parties" (that's a legal term and refers to you, Lakeside Drive) in the ZBA application are the ones most affected by the proposal and I'm scared.

The Planning Board ultimately recommended the application be heard by the Zoning Board of Appeals on June 23rd at Yorktown Town Hall @ 7:30pm. We can make ourselves heard; if we don't, my family and tax dollars are out of here. I'll donate my house (immediately adjacent the development) to the church for parking. At that point we'll have solid precedent for giant retaining walls encroaching 90% into required rear yards in Mohegan lake and they'll be able to provide the parking to sustain this monstrosity.

Take it away, Joni Mitchell:

1 comment:

Evan Bray said...

"You don't know what you got 'til it's gone." Joni Mitchell