Area Man Granted Oral Arguments Before Supreme Court of the State of NY, Appellate Division, 2nd Judicial Department

Hi Team,

It's kind of crazy that it got this far.  I have fully briefed an appellate court and been granted oral arguments. You would think that the Town of Yorktown would just walk these arbitrary and capricious decisions back and mediate a reasonable compromise.  You would be wrong.  We can talk about that at length at another time, but, in the meantime:

On April 17th, 10am (16th on the docket, so it could well be after noon?), Evan Daniel Bray will stand before 4 justices of the Supreme Court of the State of New York Appellate Division, 2nd Judicial department, and argue his arguments--and probably answer a lot of probing questions (kind of hot, right?).  It's in Brooklyn Heights. That's the fancy-fancy part of Brooklyn. Please come and root for me. 

This is the scariest thing I've ever done in my life, ever.  Nobody wants to be a litigant, and certainly not pro se. To be honest, I just want to raise my four (4) daughters lakeside--next to a church.  God is good, but I digress.  In summary, I would do it all again because what's right is right.

Please keep our family in your prayers,

Evan

P.S. Just finished watching "The OA" on Netflix.  Preparing for the oral arguments by practicing the 5th movement. This may get awkward on the 17th.   #OMG #ProSeAllTheWay





P.S.S. Anyone who wants to attend oral arguments is invited to breakfast at Le Pain Quotidien on Warren Street in TriBeCa at 9am.  Breakfast will be my treat. We will then walk across the Brooklyn Bridge to the Appellate Court. #HomeCourtAdvantage

Warren Street is at the top-left.

Important MLID Meeting Update

Team:

As it were, MLID will not be meeting with Highway Superintendent Dave Paganelli this Thursday March 2nd, 2017 at 6:30 PM.  This is so he can attend the State of the Town of Yorktown speech by supervisor Grace.    The MLID meeting is being rescheduled for a Thursday in the near future that can accommodate the Mr. Paganelli's schedule. Hope to see you there.

As an alternative to the MLID meeting this Thursday, we here at Save Mohegan Lake encourage you to attend--if not tune in on the municipal channel--to hear what supervisor Grace has to say about the state of the Town.  I bet he would love to hear your opinions, especially as they pertain to the northwesterly quadrant of Yorktown. There will be a question and answer period afterwards.

Note from Ken's original email:

The next meeting of the Mohegan Lake Improvement District will be on Thursday March 2nd, 2017 at 6:30 P.M. at the Hart Library community room in Shrub Oak.  Dave Paganelli, the Yorktown Highway Superintendent, will be attending as a special guest.  Among other things, we will be asking him about the impending work on the retaining wall along Mohegan Avenue, about the cleaning of catch basins that empty into the lake, about the completion of the work at "Rock Hill Park" left over from the demolition of the buildings there, and about our old boat house demolition.  Please join us and bring your questions for the highway super.  We will also be discussing our plans for the lake this summer, in a difficult regulatory environment with DEC.  Please join us on March 2nd!

Welcome To Mohegan Lake?

Hi Team,

Have you noticed our new neighbor smack dab at the entrance to our community?  This guy:

Oh, the irony of dumping this trash pile next to a "No Dumping..." sign, about ten feet from a NYS Class I wetland.  

This pic is about 4 days old and the pile of trash has grown.  Feel free to add to it?

Yes, we are welcoming people to our community with a giant metal bin overflowing with trash.  Imagine if we lived in Yorktown and they passed a law that regulated where these piles of garbage could be located.  Oh, wait, we technically live in Yorktown. Oh, hey, the Yorktown Town Board actually did pass a very good law requiring permits for the placement of said metal monstrosities and garbage piles, but we live in Mohegan Lake so perhaps there is an exemption carved out in the law for this part of the Town of Yorktown.

Below is  the Town meeting minutes of the meeting where the public hearing on the law was closed and, presumably passed.  Good work Town Board.

Since the official Town meeting minutes are so sparse, below are former Town supervisor Siegel's notes on the meeting (link to same for legibility); she's much more thorough on meeting notes than the Town (ed. note: that's probably by design on the part of the Town):

So, you're saying to yourself: "Save Mohegan Lake, but I'm only one person, there's no way I can affect positive aesthetic change in my neighborhood.  There's no way to fight against our new overlord/giant metal bin overflowing with trash--even if it's placed in a protected wetland without a permit; the goggles NYS Department of Environmental Consulting does nothing."

That's not true.  Here are three concrete actions you can take to attempt to remedy this situation:

1. Write to the Town of Yorktown inquiring as to whether or not a permit was applied for and obtained to dump the clothing and shoe bin that recently appeared across the street from 3500 Mohegan Avenue. Email: gbernard@yorktownny.org, tdiana@yorktownny.org, elacterman@yorktownny.org, mgrace@yorktownny.org, vpatel@yorktownny.org, building@yorktownny.org, jtegeder@yorktownny.org, townclerk@yorktownny.org (Yes, do include all of them on your email)
   (link sends e-mail)
   (link sends e-mail)
   (link sends e-mail)
   (link sends e-mail)
2. Wait for a reply; this may take some time.  If the response is "no, there is no permit for the pile of garbage at the entrance to your community," then email this person, who is supposed to enforce the Town code, the Town code enforcement officer: jzeif@yorktownny.org
   (link sends e-mail)
3. Email YorktownCode@Gmail.com with your results.

It's that simple.  

2017 (5th Annual) Mohegan Lake Ice Skating (and Fishing) Extravaganza

Wow.  So it's been a while; slightly more active on the facebooks.  Had some personal issues come up and won't be able to talk about them for some time.  Unimportant though, considering The 2017 (5th annual) Mohegan Lake Ice Skating (and fishing) extravaganza is upon us.  Sure, we got some skating in over Christmas, but it's been so warm.

Thankfully, it looks like the good lord is bringing the big chill back our way.  We're probably going to pull out a generator and some lights and play hockey on Saturday night with this forecast.  Won't you join us?  None of us really know how to play that well; perhaps you can teach us.  Feel free to consult the ice growth charts here.

A Cautionary Tale: Don't Steal From Sears

Hi Mohegan Lakers,

It's been a great summer.  So summery.  Back to work though.  There are a lot of issues we have to discuss this fall.  Don't you want to know when oral arguments are calendared for the legal appeal in the 2nd Appellate Division, Second Judicial Department? So nervous [both hands wafting air towards face].

Back to the subject: do not steal from Sears at the Jefferson Valley Mall.  While we prefer you don't steal at all, because it is wrong, don't steal from Sears.  They will press charges against you and put your name in the paper--for any amount of merchandise.  It's not worth it.  So in summary, don't steal from Sears.  Just look at this link to a Daily Voice search for "Sears." Several a month. 

Be good,

SaveMoheganLake.com

Let's Go Lakeland!

How about that?  We're getting a good chunk of change for the Lakeland School District.  Well deserved!

The Bad Man Continues To Be Bad

This is the true story... of a bad man... who sells kittens and puppies...and tortures them... to find out what happens... when people stop being polite... and start getting real...The Real World. 

Wait, that's not the right copy. 

Hat tip to the Daily Voice, a fine local Yorktown newspaper.

Yorktown Men Win 25 Cent Legends Suite Tickets From John Oliver

Whaaaaaat?

Basically John Oliver is making a point about Yankee elitism by purchasing, and then reselling for 25 cents, tickets behind home plate, which is the Legends Suite.  Yours truly actually has his facebook profile photo set to a shot of himself sitting alone (the guy under the towel is the radar gun guy, so he doesn't count since he's working in the Legends Suite

Read it, it's a funny story.  And to think the Salt Lake Tribune scooped all local media on this story (less SaveMoheganLake.com, of course). 

They even get a shout out in the Raleigh, NC Observer.  

Deadspin even has a piece about our masked heroes.

Man Charged With Abandoning A Disabled Animal

Sounds heavy.

Maybe he hit a deer and only wounded it and drove away.  Unlikely.  Sounds more devious.  Considering our community's commitment to animal welfare and safety, it's appropriate to highlight this newsworthy item from the North Country (not North County) because it's Yorktown related since the kid that is accused is from Yorktown.

Got no real good reason to leave you with this, other than a unicorn chaser, so--two snaps up anyway!  Ain't that the truth, Ruth!

Yorktown Really Does Treat Mohegan Lake As the "Red headed step-child."

You should be aware that Yorktown wants to rezone about 5 acres to allow 220 units of housing on Route 6 across from the "Winery."  It's such a large site it has frontage on Strawberry Road.  The biggest problem seems to be that grandma won't be able to make a left on Route 6 to make it to the JV Mall for morning coffee.  She'll just have to take a right and turn around at the Winery, or Mobil, or CVS.  Great Town Planning.  What's important to note here is that the owner could build about 10 single family homes as-of-right, meaning no rezoning required.  That's not enough ROI though.  Need a big return to "Move Yorktown Forward," I guess.

Effed in the A.  Have you ever driven around here during a holiday weekend?  Even a normal weekend with normal traffic  = shit.  Wait until we have "220 units" meaning like 400 people--really old people that don't know how to drive--AND that can't make a left on to route 6 to get to the JV Mall for coffee at Subway. 

Yorktown really does seem do just want to "eff" Mohegan Lake, in a bad way.  Re-zone an acre (1) to allow 36 bedrooms over 2 buildings of of over 16,000sf.  That's totally normal, apparently.  Re-zone 5 acres for 220 units?  Totally normal.  You live in the northwesterly part of Yorktown?  Be afraid; be very afraid. 

The Yorktown Town Board appoints volunteer appointees to the the Planning and Zoning boards, and all the advisory boards.  They serve at the the pleasure of the Town Board.  The Town Board sets the the tone and the boards follow suit.

Let's be a little more careful in the future about who we elect to head up the Town Board which sets the tone of our town planning policies.  

How Does The Re-Zoning of Lexington Ave. Affect You?

The Town of Yorktown Town Board is considering  re-zoning a one acre parcel to allow 36 bedrooms in 12 three bedroom units at 1,344 square feet per.  That equals SIXTEEN THOUSAND, ONE HUNDRED AND TWENTY-EIGHT square feet (excuse me, my caps lock got stuck there).  That's 36 bedrooms.  ON ONE ACRE.
What's really upsetting is that this proposal requires major zoning variances.  Eliminating 50% of the required side yard to build a multi-family building of this scale is notable.  I'd say objectionable.  The fact that the building separation is not correct,* yeah, that shakes may faith in the competency of the planning director. 

Does the rezoning consider anything other than this random one acre lot?

No.

Does Yorktown have a master plan of the areas they propose to re-zone to R-2 and R-3 multi-family zoning districts?

No.

Should the Town consider re-zoning all of the parcels adjacent to this one acre hemmed in by Lexington Avenue, West Road,  Ellis Street, and the Access Road at the Nursing Home?

Yes.

At least let that block cash out and move to a town of more reasonable planning goals.  Heck, we could probably fit at least 344 units on that block.  It's right next to the elementary school too.  Perhaps we could make it a dormitory for the school which would be an as-of-right use in an R-3 Zone.  I would so love it if GWES was a boarding school.  I have four daughters.  We'd be so close. It wouldn't be that bad, right?

Oh, hey, and did I mention that the applicant and Yorktown incorrectly calculated the front yard required.  Yes, another variance is required (the Town doesn't really like to look closely at planning and zoning applications, in my opinion).**

*The Planning Director incorrectly notes the building separation between the buildings as 90 feet, where the code is clear that the separation between two main buildings is 100 feet, if it's based on table 300a.  Would also note that the buildings--as designed--would exist completely within land requiring variances for them to be there.  That's not normal.

**What's funny is that I literally got the applicant/town to agree to recalculate the front yard of FBC .  Short memory.

We Live In God's Country

From Saturday's sunset. 

MHPOA Sunset.

So, Who's The Wiseguy?

Roundabout 6 months ago someone, someone left us a little present on the Shrub Oak Lake Estates (SOLE) beach.  And by present, I mean a giant spool of useless cable.  Originally I thought: "Yay, a good old fashioned hobo fire to reclaim the copper wire.  All we need is a little gasoline."  But when I inspected further, it's fiber optic cable.  Boo.  No hobo fire. 

That said, if anyone wants to pick up their giant spool of cable, or help identify who owns it (there is a bar code; anyone know anything about such things?).  If anything, I have plans to re-purpose it into a giant see-saw with a telephone pole.  Trust me on this one.  You just notch the pole out a bit in the center of a telephone pole.  The hard part is finding the telephone pole. 

Yorktown: Do You Want Random One Acre Parcels Rezoned To Multi-Family?

Maybe you do.  There is a need for such housing and some Zoning Districts allow for it.  Not the single family zones (the R-1 districts), but the multi family zones (R2, and R3).  Also, the Commercial Zoning Districts.

The Yorktown Planning Board Director and the Town Board seem poised to rezone a one acre parcel in the center of a single family zoning district, right next to George Washington Elementary School.  It would set a dangerous, dangerous precedent and you should be concerned about the value of your home.  Live on a busy road in a residential zone?  Near a school, or church, or daycare, or doctor's office, etc...?  Those seem to be the two criteria they are using to justify this rezoning.

It's very close to Cortlandt (across the street, literally).  You might think that is R-2 or R-3, but you'd be wrong.  It's all single family zoning there.

There will be a public hearing on this re-zoning application very soon.  It's important to pay attention to the Town's business.  Here's what we know so far (video excerpt of the last public hearing below):

• The Planning Director is terribly confused.  He said that the "parcels immediately adjacent [the subject 1 acre parcel] underwent significant "up-zoning'" and he references GWES and the Islamic Center "and all the way east to route 6."  Nope, no up-zoning there.  See the marked up zoning map below.  He also said there was up-zoning on the Hunterbrook.  Pfffft. 
• We, to date, have not seen an "as of right" plan, meaning a plan that does not require any variances. The developer presented something that fit within the setbacks, but didn't comply with building code so it was not a feasible design--as noted by the Planning Director in the video; somehow he arrives at the conclusion that the plan requiring elimination of over 50% of the side yards to build the building was "the best plan."  Whoa there.  What we should be presented with is a scheme that complies with code and zoning as of right because--as Councilman Bernard reminds us--the board is not considering the site plan or parking plan or building code--they are only considering the rezoning.  Soooooooo, if that's true, show us what would be allowed without requiring any variances whatsoever.  Isn't that a reasonable request?

That's enough for today, but--please--do pay attention to this application.  Maybe re-zoning random one acre parcels is the way to "move Yorktown forward."

If you live in the light yellow zone, be afraid. Be very afraid.  Or, in the alternative, petition the Yorktown Town Board for a re-zone of your single family house to R-3, cash out, and buy a house in a normal town. 

Today Is The Day

I'm done with legal papers; adversaries will be served and my Reply Brief filed with the court, and if all goes well, I end up in oral arguments this summer after they rule on the motion to enlarge the scope of the record because the town conveniently curated a lot of the meat and potatoes out of the certified record.  A decision on a motion normally takes at least 3 months.  Not sure how quickly they calendar arguments, should the court see merit in my arguments.  They don't have to hear it and could decide on papers alone.

This was so hard and I'm so scared.  There's a lot on the line.  I've hung in there though.  Scrappy to say the least.  Glad to have the full support and backing of The Ohio State Marching Band in this matter.  Still not sure how they got involved the Save Mohegan Lake cause, but we take all comers here.

Take it away:

Update On Zoning Board/Faith Bible Lawsuit

So, as it were, I'm in the highest court in the land (of New York State).  Thankfully it's located in Brooklyn Heights, about 15 minutes from my office.  It's official title is:

The courthouse is such a stately building on a movie-set block of brownstones.  So I'm hanging out in the attorney's lounge, pictured below.  That's really about it.  I don't have much more to this story.

How cool are all those pictures of judges?  The clock being off center bothers me.  Or does it? Actually, I'm pretty cool with all the asymmetry in this photo.

Why am I telling you this?  Because it's after midnight and I just got through another day of busting my ass to prove to the Court that what's right is right, and that I'm right.  Will share my reply brief with you after it's complete.  Here's my brief, in the meantime. 

Oh, and for all you pro se petitioner's out there.  If you ever make it this far, and your adversaries reply to your brief by mail at the last minute--the normal 10 day period for you to serve a reply brief is extended to 15 days.  Thank the lord, because I really needed the additional time.  Since it lands on a Saturday I actually get 2 extra days and can serve and file on the 21st.  And that, Mohegan Lake, is today's lesson.

Senator Murphy Throws Mother and Brother Under A Bus; Both Presumed Dead.

Just kidding, but he did throw both of them under the bus. Man, that's character.  Surely you've heard the news. 

Murphy immediately changes his facebook page to show you that he doesn't "own or operate" "Murphy's" restaurant and make it say he's merely an "investor." He scrubs it from his senate page, omitting any relation to Murphy's.  He denies any knowledge and absolves all of his family, including himself, except his brother and mother?   Read this quote from a local Yorktown paper in the picture below.  If you read it carefully, you'll see the moment he throws--nay, rather--pushes his mom and bro under the bus. So Machiavellian.

Brother Pat and Mom, I have your back here at SaveMoheganLake.com.  We support small business and want to help you climb out of you serious, and mounting, tax debt. We hope you disavow Terrence with his duplicitous ways and support my candidacy for Senator of the 40th! 

That's not cool.  It's not cool to be associated with a 117K in back-taxes (about to go up by about 50K).  Let's report him to the NYS Assembly's Ethic's Board!  Oh right, he sits on it.  Hmmmm...

The word on the street is that to relieve the stress of so much bad press, Senator Murphy has been making late night trips to Assemblyman Steve Katz's house to "chill." His press secretary, Matt Slater, clarified that "they've only been watching Netflix, not chilling."

This just in: I, SaveMoheganLake.com, am announcing my candidacy for the 40th NYS Senate District!  I'm 110 acres of spring-fed watery goodness, especially with the copper sulfate treatments I've been receiving, not much algae.  I get along with Republicans and Democrats and can forge a common path forward while paying my taxes--the whole time.

SaveMoheganLake.com: Make Yorktown Fun Again

Yorktown Town Board Approves Water Rate Increase Of 25%

Wow. That's substantial.  As a resident of Yorktown, make sure you pay attention to the budget.  It's really boring and hard to follow, but you very well may spend around a thousand dollars a month in property taxes, if not more.  You want to know where that is going. I've been paying attention for about 5 years, was duly elected to serve in a department of Yorktown as Vice President of a Park District, and I still have questions.

That said, your water bill just went up 25%.  There was a long Town Board meeting last night and there were a lot of good comments.  I dare you to watch the whole 2 hour and 52 minute meeting held on 3/1/2016 ; I know you won't, but at least the 15 minutes below:

Take it away, Ed Ciffone and Susan Siegel; both long time residents and studious citizens monitoring the complicated ~55 million dollar budget, and continually growing (about 5 million in the last 4 years?)  budget. Please note that Ed's questions will not be answered at the end as promised by the supervisor in this clip--if you whatch the whole thing--which we've established you won't. The gist of the rate increase is that the supervisor lowered the water department budget and drew off its fund balance so he could campaign as having delivered a tax decrease.  Those chickens are now coming home to roost and we're likely to see a lot more of this.  Yorktown expenditures exceed revenue and the budget keeps growing under Grace. 



Oh, and before I sign off, WE STILL DON'T HAVE FLUORIDE IN OUR WATER.  I grew up in a small Colorado town with no fluoride 'cause--whatever--and my teeth are shit.  Please, I have four daughters.  If you watch the whole meeting, you can see Supervisor Grace declare the fluoride system to be in the "engineering phase."   My God, it's been about two years without.  Fire the engineer and get this done.  Question: has the fluoride system been deducted out of the general water district fund? It's about a 1 million dollar line item, right?

Mohegan Lake Update: 2/22/16

First, it must be noted that the appeal we have pending in the 2nd Appellate Division (highest court in NYS) has a return date of March 4, 2016; Yorktown and The Church owe a reply to my brief about a week before.  That's exciting and incredibly scary.  I requested 15 minutes of oral arguments (you can request up to 30 mins.).  I pray, in the legal sense--and spiritual, that the court grants me my 15 minutes.  It's pretty straight-forward. And it's right; and what's right is right, am I right?

Second, you should go to tonight's Town Board meeting tonight where they will discuss our treatment plan for the lake this summer.  They were very supportive last time around.  Here's a note from Ken:

The Yorktown Town Board has to vote to authorize the contract for copper sulfate treatments to Mohegan Lake in 2016.  They have placed the matter on their work session agenda for Tuesday February 26th.  We will know the time once they post the agenda tomorrow morning on the Town website.  I plan on attending, but would appreciate any moral support.  Not to mention that it would be good for the new Town Board members to see that there is support for the lake in the community.  The agenda item should take no more than five minutes, once they get to us.  Ken

Third, what a strange winter.  While we initially speculated it would be an abbreviated skating season, it's proved to be about 6 weeks strong with potential for more; all without nearly as much child labor, relative to last year!

Fourth, the Yorktown Town Board is considering a radical rezoning proposal and there is a public, working session being held on March 8.  This is an issue we all need to pay attention to.  Live in a residential zone? Next to someone with an acre parcel?  If so, you could easily be living next to 12 apartments, if the Board keeps moving in their current direction.  Very scary to the residential integrity of Yorktown, so pay attention. 

Lastly, Think Cold.   Looks like this week holds yet another natural Zamboni for us.  The question is, will the cold be cold enough to allow us any more skating on this sweet, sweet Mohegan Lake ice?

 

 

Surprise: We've Still Got 6" Of Clean, Clear Ice!

Um, guys, I was surprised this morning when I went out in my suit and fancy shoes to auger a hole only to find we still have a solid six inches. 

Yes, those are Allen Edmonds

And, ooooh boy, did that rain ever Zamboni the crap out of the surface.  Again, know where you are going and what you are doing.  That said, won't you join me for a quickie this evening?  Or perhaps tomorrow morning?  You want to go in late to work on Friday anyway, right?