Faith Bible Church Is Back At The Zoning Board 6/27/2013

I'm experiencing, first hand, Yorktown's building and zoning machine in action.  My neighbor is trying to parlay a very small house of worship and two legal single family homes (per building department and tax assessor records the houses were illegally converted) into a huge church.  I love the church and would love to see them upgrade their facilities, but we need to be realistic about the occupant and parking loads the site can support.
The church's attorney has opened their 4th Zoning Board of Appeals (ZBA) application which will be heard publicly on Thursday June 27th, 2013 at Town Hall at 6:30pm.  The Planning Board--who has been hearing the application for more than 4 years[!!!]--sent the applicant back to the ZBA at my prodding. The chronology of the 4 zoning variances breaks down as follows:

1. Application #1: Instead of notifying all of the "interested parties" to the planning board application, the applicant only notifies 2 homeowners of the  required zoning variances (6 households were notified of the planning app).  I showed up to the first ZBA hearing, raised numerous, valid and serious questions.  ZBA closed the hearing and approved the variances.  I advised the town attorney (representative of the board) that the ZBA should rescind the variance approvals for various reasons.  The ZBA rescinded their approval.
2. Application #2:  In spite of overwhelming public opposition (oral and written), and in light of the gross and factual parking deficiencies, the ZBA approved the zoning variances. They told me specifically that my concerns about parking would be addressed at the planning board.  As luck would have it, we're back at the zoning board to address--among other serious issues--PARKING!  Literally.  [note: I sued--pro se--and lost, not on merits, but because I didn't notice the church, even though I was challenging the ZBA's determination].
3. Application #3:  I notify the Planning Board that the applicant has overlooked two major variances regarding parking prohibitions in front yards in residential districts (makes sense), and a miscalculated the required front yard (honest oversights by the town's most prominent attorney and engineer--I'm sure). The Planning Board correctly directs the applicant to notify 2 adjacent home owners associations, a park district and the Mohegan Lake Improvement District who were not party to the original planning application in 2009.   The applicant hastily makes application to get on the ZBA agenda for April 2013 (they only meet once a month).  Applicant withdraws the application, voluntarily because there are still glaring deficiencies.
4. Application #4:   I won't start picking apart the wild, siding interpretations the applicant's attorney is trying to sell the ZBA in this space; I'll save that for the public hearing, 6/27/13.

I made an unsucessful bid to garner the endorsement of the Democratic party for 1 of the 2 open town board seats in the upcoming election based on my love of Yorktown, education and career. 
My day job is consulting on zoning and building code matters for the City's most prominent building owners, engineers and architects.  If I'm having a hard time understanding and navigating Yorktown's planning, zoning and building departments, then I feel for the average homeowner.  It shouldn't be this hard.  Please keep me in mind if you want substantive change in these areas of government. 
Free zoning and building code consultations at YorktownCode@gmail.com

May 6th, 2013 Planning Board Meeting Video

The internet is a wonderous place.  For those who were unable to attend or watch on the Municipal channel, you can watch it clicking on this link.  You can scroll ahead to the 1 hour, 36 minute mark to watch just the Faith Bible portion.  It's 2 hours long, so grab some popcorn.

I'm absolutely exhausted, but excited about our prospects.  Next public hearings:

May 20th Planning Board

May 23rd Zoning Board.  We'll have to wait and see if the Zoning application will be opened to public comment, but you should assume so.  See you there.  

And It Was Epic

Hi there all you bloggers and bloggerettes reading this here blog. The Faith Bible part actually only lasted about 2 hours and was left open to public comment. Thank goodness because I got off track and was distracted [note to self: don't bring 4 kids to a public hearing].  I promise you some choice video clips very soon. The takeaways from the meeting:

1.  Thank you Mohegan Lake. It's a lot to ask a neighbor to physically appear before the board from 730-11 at night, but you did it.
2. The Yorktown Planning board is very deliberative and doing good work.
3. We'll likely get some quality time with the Zoning Board in the near future. [editor's note: I love you guys.  xoxoxoxo.]
4.  If you haven't written an opposition letter or signed the petition, now is the time. Get in contact with me at YorktownCode@gmail.com. 
5. We need to have a community meeting to go everything--again. There's a lot of details to discuss. Hold 2-4pm on Saturday May 20th in your calendar. Likely at the MHPOA beach. 
6. Will Faith Bible sue their design team for misleading them into a proposal that may be un-approvable?  As a trained architect and building code and zoning consultant, I'd be all over that.  Church is a residential use yet it requires a "special use permit" in a residential zone. Mwwwahahahah.  Naked in Times Square.  I've been there.  Not pleasant. 

 Stay tuned, kids.

Urgent Call To Action

As you know, the public hearing for Faith Bible Church's proposal to create a huge building capable of holding 730 people while not increasing parking will be before the Yorktown Planning Board at 7pm on Monday, May 6th at Town Hall.

If you are submitting written comments to the Planning Board, I am recommending you make one specific point.  FBC's use of the facility is not in keeping with the historic character of the small residential community that surrounds the site.  That's one thing I can't credibly testify to.   Thankfully  I have so many awesome neighbors who have lived here, right here in the Mohegan Highlands, Shrub Oak Lake Estates and all around Mohegan Lake.  Most of you have lived here for many years.  20, 30, 40 year residents.  I actually know a 75 year old resident.  Born and raised right here on Jones Hill.  But I digress.


Below is a template. If it is easier, you can email it to planning@yorktownny.org with a copy to yorktowncode@gmail.com [that's me].  USPS mail works too. 

April 25th, 2013

Yorktown Planning Board
Yorktown Community & Cultural Center
1974 Commerce Street, Room 222
Yorktown Heights, NY 10598

Re:  Faith Bible Church
       3500 Mohegan Avenue


Planning Board Members:

I live at ________ in Mohegan Lake.  I am writing you regarding the subject application to inform you that Faith Bible Church's use of the site is not consistent with the historic character of our small residential community.They do not use the site in accordance with the last Yorktown Planning Board approval.  The Lakeland Jewish Center never used the homes for church purposes and substantially conformed to the Planning Board approval.

[Tell the planning board members  what the historic character of the neighborhood was prior to FBC's recent transgressions.]

[Discuss any specific issues like the illegal conversion of the homes in 2005.  The fact they park 85+ cars weekly where 23 are permitted.  The building they are proposing has two places of assembly capable of holding 730 people without increasing parking.  They are proposing parking in the front yards which is illegal and would never be allowed in Yorktown Heights.  The building department and code enforcement officer fail to do their job and issue a violation after years and years of flouting the law.  The list goes on and on.]

[Thank the planning board members for their voluntary service.]

[Closing]

[Your name(s)]
[address]

Faith Bible Church Planning Board Working Session 4/8/13

The subject application is on the Planning Board Agenda on Monday. 

In related news, I made amazing discovery today; it was was right under my nose for about 2.5 years.  I had underlined, doubled underlined, highlighted and made notations all around it.  I overlooked it, but it was there the whole time.  Zoning and code are exciting like that.  I did a fist pump and a little dance.  It is exactly one sentence of Yorktown zoning. 

It's not fair to link directly to it, but it's in there.  I will confirm my revelation with two zoning attorneys before I commit it to writing, but if I'm correct, the number of parking spaces they can provide as of right goes from 63, to 33.  Gasp.

Good Questions

And now, back to the memo from Jacobs Engineering which is the engineer under contract by Yorktown to review the traffic study prepared by Faith Bible Church's traffic consultant, John Collins Engineering.  

The first question that the town's engineer asked tipped me off that he's on the ball.

Question #1

The project is not an expansion or renovation. It's a new development.  When you demolish all existing structures on a site, it's impossible to "grandfather" them.  Example: a two family home with a commercial use on a single zoning lot in Yorktown burns to the ground.  Can't be rebuilt and needs to be demolished.  When they go back to build what was there, they are kindly informed by the town that zoning doesn't allow for a 2 family house on the lot, single family only.  Tough luck.  That's a true story.  You cannot "grandfather" that which does not exist.  They are trying to pretend it's an expansion of existing facilities.  That's not true.  The existing facilities--including the 2 illegally converted homes--will be 100% demolished.  A new building of 5 newly combined lots (the lots are still separate) is more accurate.

Question #5 



Interesting.  A shuttle from a remote parking facility?  Where is that?  CVS and SOLE Beach?  Good question raised by the town's traffic consultant.  The planning board has actually raised the question before in a working session.  It's important to note that if this were to be an actual arrangement, the applicant, at a minimum, would require an easement with the owner of the remote parking facility.  Very interesting.

You can review the initial correspondence between the town's engineer and the applicant's here.

 

Good Feeling

I had a feeling this morning to inquire about any new material regarding Faith Bible Church's planning board application.  Sure enough, there were a couple new items in the file, one of great interest. I'm including the entire document below.  There's a lot of questions raised by Jacobs (the town traffic consultant reviewing the applicant FBC's  engineer).  I'll certainly review it in detail and opine, but here's an interesting tidbit:

It would seem that John Collins Engineers (FBC's paid traffic consultant; why do I mention that? FBC had the option to hire Jacobs directly and instead chose to engage John Collins Engineers P.C., at an additional cost; curious move from a financial standpoint) used a ratio of nearly 1/2 the proscribed code standard [.31 instead of .61].  Rookie move?  Unlikely since they've been around a long time and have a great reputation.  I'm interested to see the explanation.   Stay tuned. 

To read all of the comments from Jacobs, click on the "read more" link below.

Weekend Wrap Up

Wow.  It sure is special when the lake freezes and--even if for just a few brief days--we have a very different and intimate experience of Mohegan Lake; from ice fishing to skating, it's a beautiful asset for the whole lake community. 

Alone with his thoughts, and some frozen fishes.  In the distance, the Holland Sporting Club property.

It's important that the Shrub Oak Lake Estates (SOLE) home owners are cognizant that, in addition to the parking at the SOLE beach, they have a permanent deeded right to park on another lakefront lot "at all times" and "at no cost."  When SOLE sold this parcel to the Lakeland Jewish Center (now Faith Bible Church [FBC]), it stipulated 5 permanent terms and conditions when they sold it to Lakeland Jewish, and those terms still carry the weight of law.   I only mention it because some of the legally required signage indicating the SOLE member parking seems to have gone missing.  The deed restrictions clearly state such signage should be present; just be aware it is available for SOLE members to use in addition to FBC members.   You can read the history of that parcel here.  [Click "read more" below to continue reading]