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.

Email: YorktownCode@gmail.com

Tuesday, December 10, 2013

Zoning Board of Appeals Hearing 12/12/2013

It's important to note that the ZBA will likely be taking action on the Faith Bible application this week.  The application has been closed for about 3 months or so, but still no decision after two meetings.  It will be exciting to hear from former building inspector and current ZBA member, William Gregory. 

Expect a quick turnaround approved zoning variances Thursday and a Planning Board meeting on December 23rd (I know, right, shouldn't they postpone that meeting in observance of the Christmas holiday?).

One reason it is believed that the application has been closed for so long with no decision (very rare)  is the applicant's grossly deficient SEQR application; a small sampling of our objections are at the bottom of this link.

Substantive Compliance
Aldrich v. Pattison 107 AD2d 258 (2d Dept 1985)
Where the question is the adequacy or content of the environmental review conducted, rather than whether the right steps were followed, agencies need to substantially comply with both the letter and spirit of the law. Where an agency has made a reasoned decision on a thorough record, the court will not substitute its judgment, but will allow the agency to exercise some discretion. See also Jackson v. UDC 67 NY2d 400 (1986).

Mmmmmm...uncoordinated review: so meaty. It looks like we may be blessed this year to have a long and spirited Christmas Eve-Eve in front of the Planning Board.

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