A Letter To The Zoning Board From A Long-Time Mohegan Lake Resident

I present the following, which was submitted to the ZBA objecting to zoning variances, from a supporter who is intimately familiar with the character of our neighborhood.  Other than noting that some of the text is oddly formatted because of technical reasons on my end; the substance remains unchanged. I present it without commentary:

When I was 8 years old in 1947, my aunt and uncle bought a little summer house in the residential
community known as Shrub Oak Lake Estates, in the northern area of Lake Mohegan. So my parents,
brother, and I were frequent visitors to Lake Mohegan during the summer months in the late 1940s. In
1950, when I was 11 years old, my parents rented a house down the road from my aunt and uncle's
house for the month of August; and the following year, 1951, when I was 12, my parents purchased the summer house across the street from where we had rented the previous summer. Since 1950, I have spent portions of every summer in the midst of the bucolic eden that is known as Lake Mohegan. If we count my introduction to Lake Mohegan from 1947, that means that I have been acquainted with Lake Mohegan for the past 64 years. So if anyone dares to question my claim to expertise on the subject of Mohegan Lake, I defy them to match my record of 64 years worth of intimate knowledge of the territory. That's 64 years worth of association. I repeat, 64 years. And I am now 72.


 (click on the "read more" button below to continue)

Like Watching Paint Dry

The new return date on the article 78 petition will be pushed out a bit past 3/6/2012; at the end of the day, our legal system takes time to navigate.  Initially, and naively, I was expecting this action to come to a conclusion in a quick dramatic fashion.  That is not going to happen.  It will happen in a fair and just manner though.  I'm sure of it.

So, in the meantime, I leave you with this: the deed and the restrictions attached to the wetland parking lot.

Background: the two lots across Sagamore Ave. from Faith Bible Church used as parking were transferred to the Lakeland Jewish Center from Shrub Oak Lake Estates [an adjacent home owners association] to use for 6 parking spaces.  Shrub Oak Lake Estates (SOLE)  transferred title to the Lakeland Jewish Center in 1969 and it included six (6) legally binding terms and conditions.

It's a bit hard to read, let me enlarge that for you.

Still having trouble reading it? Here's a transcription of the six (6) terms and conditions of the wetland deed that Faith Bible Church is legally required to observe.  

1. Approval of the Supreme Court of Westchester County to the conveyance.

2.  That the Grantee [Lakeland Jewish Center--now Faith Bible Church] shall develop, grade gravel and maintain the subject parcel as and for an automobile parking area.
 Setting aside the fact that the wetland lot is now paved, they comply with that term.
3. The Grantor [Shrub Oak Lake Estates] hereby reserves a permanent easement on behalf of its membership to use the subject parcel at all times for parking purposes at no cost to the Grantor [SOLE] or any of its individual members of the Grantor and the Grantee [Faith Bible Church].
That speaks for itself [emphasis mine].
4. That the subject parcel be permanently posted by the Grantee to indicate it as private property for the exclusive use of the members of the Grantor and the Grantee.
I like how attorneys use such crisp, clear language.
5. In the event the Grantee shall abandon the subject parcel and not use the same for parking purposes or if the Grantee shall use the subject parcel for any purpose other than parking, then the Grantor its successors, then the Grantor its successors and/or assigns.
No can argue FBC does not comply with that condition.
 [CLICK ON IMAGE BELOW TO MAKE BIG]

6. That the Grantee shall not in any way encumber the subject parcel by mortgage, lien or easement, but shall always maintain clear and unencumbered title to the subject parcel excepting the easement herein reserved to the Grantor, and in the event of a breach thereof, the Grantor shall have the right of re-entry and the fee shall revert forthwith to the Grantor, and in the event a breach thereof, the Grantor, its successors and/or assigns.
Let's all marinate on that while the paint dries.

Public Hearing Notice for Faith Bible Church Monday, 5/6/2013 @7:30pm

There is a community meeting at the Mohegan Highland's beach on 4/20/2013 at 2pm to organize our opposition to the major new development that Faith Bible Church is proposing.

Last night it was decided that the FBC public hearing will finally go forth.  It's imperative that we show up and make our opposition known in writing.  Should you live in the area and are familiar with the proposal, please feel free to write a letter to the Planning Board. You can email or snail mail it, or both.  We only pay taxes and not Al Capellini so the planning board will likely just ignore our protests, but we should make a stand on principle anyway.

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

planning@yorktownny.org
If you email, it's good practice to copy the town clerk.
townclerk@yorktownny.org

Suggested issues to raise:

• A 730 person, 8,500sf church is not representative of the character of the neighborhood.  The Lakeland Jewish Center never operated in such a manner and respected the current approvals for the site, on record with the Yorktown Building Department and Tax Assessor. Faith Bible Church illegally converted two homes to increase the occupant and parking loads without approval of the Yorktown.
• The Lakeland Jewish Center never occupied or used the two legal residences as anthing other than single family homes.
• FBC's proposal does not provide enough parking to support the proposed occupant load.  They currently park as many cars on site, in fact more--per their engineer's study, than will be provided with the new building.  
• Zoning code prohibits parking in required front yards in residential districts.  Faith Bible is proposing 30 of their 63 parking spaces in required front yards.  They have no variance to do so.
• A zoning variance to allow parking denigrates the gateway to our residential community.  Instead of a 30' required front yard, the applicant illegally parks 86+ cars wherever they feel necessary resulting in a used car lot aesthetic.  

 Much more information to come shortly.  This is the beginning of the end.  

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]

Slackin' On My Bloggin'

The Westchester Supreme court is honorable and just.  They also have a huge back-log of cases, I imagine, with budget cuts [or do we call them austerity measures?] and the like.  I was hoping to have a decision 60 days or so after April 24th date the judge set for final submissions (there is never an in-person hearing with article 78 petitions, it is completely a written argument).

In the meantime, I've been slackin' on my bloggin'.  I aim to change that.

I think it would be wise for us to gear up for the public hearings for Faith Bible Church's development plans at various boards that will likely start back up again this fall.  To date, they have not authorized a contract with the town's traffic consultant to do the requisite traffic study.  Oh, hey, speaking of traffic studies, it just so happens that my neighbor just happened to sit on the town traffic board for a few years and actually has an historic traffic study of the intersection of Sagamore Trail and Mohegan Avenue. That's certainly a happy coincidence; I think I'll hold that card to my chest until we see the new traffic study.  Can't wait to share and compare though.

For today's discussion, please note the following:

1) Faith Bible Church illegally converted [editor's note: very un-churchly] two legal single family homes.  The tax assessor (see the Yorktown tax assessment records, below) and building department records support that assertion. 

Legal single family house occupied as such up until 5 years ago.

Legal single family house that a single family lived in until about 5 years ago after FBC took title.

Legal house of worship for 100 people 3 times a year, for 3 hours a day supported by 23 cars.  That's what the last Yorktown approval for FBC allows.  It's insane that Yorktown is so spineless they won't enforce this egregious infraction of the law after having it brought to their attention multiple times.

2)  Faith Bible Church is a great congregation of people.  All of the ones that park without permission on Shrub Oak Lake Estates' beach and walk by my house are beautiful people.  I always say hi and chat if they seem inclined. 


That is all for today.  I promise to quit slackin' on my bloggin'.  I leave you with this classic video from Jay-Z (featuring Jumain Dupri) which was the inspiration for the title of this post..."turn it up."

Urgent Faith Bible Church Update

Well, after a solid 4 and one-half years, we finally get to comment on the Department of Environmental Conservation application for Faith Bible Church.  We have 15 days (until 8/13/2015) to supply written comments to the DEC.  Below is the official notice.  More details on issues we have with the proposal (e.g. running a sewer line through our lake outflow below the water table) and directions on where to aim your pens.

In related news, Yorktown and Faith Bible get served two copies of the enormous Record on Appeal and my brief today.  The it's filed in Appellate Court with affidavits of service by Friday.  Pretending to be an attorney sure is hard work.  More details on the brief and next steps after service. 

Why the court needs 9 copies is beyond me.

2/25/13 Memo to the Planning Board

I wanted to share this memo I wrote to the planning board over the weekend in my professional capacity regarding the Faith Bible Church application.  I firmly believe that the church does great works but believe the occupancy has been should not be expanded beyond what they've illegally expanded to already.  Demolish the two legal single family homes and build bigger, but let's be honest with ourselves about the parking limitations. They already park 92 cars but are only proposing 64 normal parking stalls (per Site Design engineers of Yorktown, their own engineer--in a study done about 2 years ago).  

Much more to come.  The approval of this application likely come quickly.  Now is the time to start paying attention.  I've included straight text of this images below in case you are having trouble reading the scans of the letter I delivered.

The way we're positioned, it's going to be a crazy finish to this application.  Click on the "read more" link below to "read more."

10/27/2011: The Zoning Board Will Vote on FBC's Application

Seeing as a senior member of the board has made it clear, they--the Zoning Board of Appeals--can't vote against Faith Bible's five (5) zoning variances, it seems a fore-drawn conclusion all 5 variances will be approved, but we are still holding out hope that logic and reasoning will prevail.  

Below is the text of the document I submitted to the zoning board on 10/3/2011.

Zoning Board Members:

I appreciate your continued attention to detail and thoughtful consideration of this Faith Bible Church application.

You are being asked to consider a variance to the established laws of our town.  Mr. Capellini responded to my initial written submission by writing that I had based my entire argument on the wrong section of the town code.  He went on to cite Town Law of the state of new york, not the Town Code.  Specifically, section 267b(3)(b).

Let’s discuss NYS Town Law section 267b(3)(b).

Part 1:

(b)  In  making  its  determination, the zoning board of appeals shall  take into consideration the benefit to the applicant if the variance  is  granted,  as  weighed  against  the  detriment to the health, safety and  welfare of the neighborhood or community by such grant. In  making  such  determination  the board shall also consider: (1) whether an undesirable  change will be produced in  the  character  of  the  neighborhood  or  a  detriment  to  nearby  properties will be created by the granting of the  area variance;

I argue that the requested variances are the first step in a process that will have cause both undesirable changes to the character of the neighborhood and be a detriment to nearby properties. Furthermore, there are a couple of issues which require resolution before any variances should be considered, let alone approved. The first issue is that the proposed uses will require special permits to bring the land into conformity with the Yorktown code. The second issue is that one of the lots used for parking near the wetlands has restrictions and easements written into it’s deed that must be adhered to. The proposed changes have glaring deficits in available parking a clear zoning issue. Lastly, I believe that these variances are significant and would result in undue overdevelopment in an area that does not have the capacity to accommodate such development.

(Click on the "read more" button below, to continue reading)

Simultaneous Ocupancy: "It's for a growth pattern."

There was a lot of new information at the Zoning Board of Appeals meeting for Faith Bible Church on 6/27.  There were some amazing revelations too.  For example: I'm not crazy.  I've been jumping up and down, screaming that it's incredibly wrong  for the Planning Board to consider the ENTIRE first floor of the new church as "non simultaneous occupancy."    It's literally a made up concept; they can't cite any reference to it in our code or zoning, yet the town has been entertaining it.

I recommend that you try and catch a rerun of the hearing.  It is repeated on channel 20 Cablevision until the next hearing on 8/8/13;  the video is clocked and the hearing runs approximately 8:15pm to 10:15pm (note: ZBA meetings are replayed at various times throughout the day, not just at that time).

To begin my commentary on the last zoning meeting meeting, I present to you a segment of reverend Zotolli explaining the occupancy of the proposed church.  He clearly states that the occupancy of the 2nd floor sanctuary, of up to 344 people, would be simultaneous with the 1st floor children's church program.  There's nothing wrong with that, except that for years they have been arguing, on signed and sealed documents, that the 1st and 2nd floor would be "non-simultaneous occupancy."



That's a big deal because it proves the applicant's willingness to bend the law and make false statements.  

The stated goal of the new development is enlargement.  The land simply can't sustain the parking required for the proposal.  For the record: Lakeland Jewish Center moved on and built nearby in a Commercial zone with tons of parking and a smaller occupant load than Faith Bible is proposing.  Just make it smaller if you want to use this site. Why not look at the 5 acres across from the winery; for sale, off route 6 and in a residential zone?

Unfortunately, things can never be that simple. 

The Wetland Parking Area

The two wetland lots were conveyed to the Grantee (Faith Bible Church) from the Grantor (Shrub Oak Lake Estates) with six terms and conditions.  Below is a photo of the deed. Take specific note of #'s 3 and 4.  Please, discuss amongst yourselves and we'll reconvene after the New Year.

3. The Grantor hereby reserves a permanent easement on behalf of its membership to use the subject parcel at all times for parking purposes at no cost to the Grantor or any of its individual members.  

4.  That the subject parcel be permanently posted by the Grantee [Faith Bible Church] to indicate it as private property for the exclusive use of the members of the Grantor [Shrub Oak Lake Estates] and the Grantee. 

In case you were wondering, yes--Shrub Oak Lake Estates is an active membership corporation in the state of New York.

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.

To Be Clear

I truly believe Faith Bible Church has been a good neighbor. From what I see, it's a strong, growing congregation of beautiful families. However, I do have deep concerns about how the proposed new building--strictly from an architectural, environmental, and town planning perspective--will affect our unique community.

I'm excited to have this discussion with all of us, Faith Bible Church included. We are going to do this right, together.

Be Afraid. Be Very Afraid.

If you're not up to speed on Mohegan Lake's residential community's struggle to reign in the massive new development proposed for Faith Bible Church, you can get some background information here. 

We're not against the church and don't oppose the use, it's a practical opposition to the site's deficiencies relative to the proposed enlarged occupant load.  Specifically that they have already enlarged the church, illegally, and seem to have done so to the limits of the area they can adequately provide legal parking spaces for.

At the last public hearing in May for variances the church is seeking, I correctly noted that the building inspector had unequivocally noted that the two residences they church owns were converted to church use without approval or permit.  

After nearly 5 years the Faith Bible application has been before both the planning and zoning boards, the church and their attorney--Al Capellini--have never contested the documents in the planning and zoning files that clearly demonstrate that they have already enlarged the legal occupancy and parking exponentially.  The building inspector's memo in both board files correctly notes that the church has already enlarged "without approval or permit," which is a nice way of saying illegally.

But wait! Acting chairman of the zoning board Gregg Bucci (because the actual chairman of the board has to recuse himself because he has a "counsel relationship" with--wait for it...--Al Capellini) has an argument to make for the applicant.  Just because there is no "record" of an application, approval or permit for the change to church use and increase the parking load since 2005, when the applicant took title of the premises, that doesn't mean the records weren't lost or stolen or misplaced. 

Dear reader, the video below is not theater of the absurd.  This is our Zoning Board of Appeals in action.  According to Mr. Bucci's reasoning, your neighbor can legitimately--it would seem--claim that they didn't illegal convert or build the structure next to your house.  The problem is that the approval and permit was lost, or stolen, or misplaced.  The onus of proof of existing occupancy, use and parking conditions is not placed on the applicant; Yorktown places the onus on neighbors of the applicant to prove that Yorktown records are complete?  The landowner making application and the planning department, planning and zoning boards can just invent their own narrative--arbitrarily?!

Last note: at the end of the video, please note that I literally LOL at Mr. Bucci's assertion that perhaps they didn't do it illegally.  Perhaps I stole the records and perhaps there's no collective memory of any such conversion in the neighborhood and perhaps Yorktown governmental records.  Perhaps.

I encourage you to watch the whole hearing (a couple hours) on TV.  This link is the schedule and the ZBA hearing will be replayed until 8/8/13

Be afraid.

Written Comments for FBC Wetlands Permit Due 8/13/15!

This is an urgent call to action: we have a deadline approaching to submit written comments regarding the Faith Bible Church Department of Environmental Conservation permit application to--among other things--lay a sewer pipe through Mohegan Lake.  Here's link to the DEC Notice and here's what we need you to do.Email the DEC engineer reviewing the application with your concerns.  Her name is Rebecca Crist and you can email her at rebecca.crist@dec.ny.gov (again, we're coming up on a hard deadline this Thursday). Let her know all of your concerns regarding the environmental impacts.  For example:


Rebecca Crist
DEC Region 3
Division of Environmental Permits

Re: Faith Bible Church DEC Application #3-5554-00298/00001

Ms. Crist,

I am writing to you to express my concerns and raise questions about the subject application.  The development site is immediately adjacent to our 110 acre lake and 20 acre wetland outflow which are both Class 1 wetlands.  The lake has chronic blue-green algae problems and this particular site is prone to severe flooding.  There are several environmental issues I believe need to be addressed.  Before I begin, I would like to note that the description of the project on the DEC notice is different than the Planning Board application.  The DEC notice  says the applicant's proposed disturbances are for the "the reconstruction and expansion of an existing church and its associated parking and utilities."  In fact the existing church will be demolished, along with two single family homes, to build an approximately 8,000sf new building; this project is a new development, for the record.  That said, I have the following comments and questions:  

1. The project proposes running a sewer pipe under Mohegan Avenue from the church to route six, it will have to sit below the water table.  It appears that DEC regulation 663.4(d) prohibits a new sewer utility as permitted activity within a Fresh Water Wetland (see line item 37 in the activities chart in said section).
2. Where the pipe has to go up and over the culvert, it will be in PVC pipe-within-a-pipe with heat-trace (think a little wire that tries to keep the pipe from freezing during our long, cold winters).  This is a disaster waiting to happen.  Is there redundancy and alarm monitoring in this system?  Do the DEC regulations really allow a new sewer pipe vulnerable to freezing and physical damage through a Class I wetland?
3. That section of Mohegan Lake (where the sewer is proposed to run) is literally the only thing that separates the 110 acre lake from a 20 acre wetland/pond.  Those bodies of water are hydro-logically connected and the sewer will have to be placed within that system.  There is an alternative route to a sewer tie-ins that avoids the wetland buffer down Sagamore Ave, albeit a slightly longer run, but it routes it away from the lake and wetland buffer. 
4. The impervious area increases in this proposal.  There are serious drainage issues in this corner of the lake, literally right in front of the church as it stands.  Will the increase in impervious area compound this problem?
5. Complete elimination of the 100 foot wetland buffer is unacceptable.  The parking lot across the street provides no (0') buffer from the adjacent 20 acre wetland.  Providing even a few feet 20-30' would better protect and screen the wetland from both the parking lot and lighting.  The class I wetland outflow is a sensitive ecological area with blue heron and turtle nests, among many other flora and fauna.  Surely complete and total elimination of the required wetland buffer is not in the best interest of the health of our lake and wetland.  I respectfully request that the largest buffer possible be maintained to respect our sensitive wetland.  Considering that 100' is the minimum, zero feet is a very, very hard pill to swallow.

I thank you for your careful review of the application and thoughtful consideration of my concerns and questions in light of the beautiful lake our community cares deeply about and is desperate to conserve for future generations.

Kind Regards,

[Mohegan Lake Resident]
[Address]
[Phone]

The End Times Are Near In Yorktown

That's a bit dramatic, but my five year legal battle with Yorktown will be ending soon--one way or another.  Motion to dismiss thwarted.  Supplemental Appendix (Volumes I and II, 415 pages) being served tomorrow by the Westchester County Sheriff.  Adversaries' briefs due by February 18.

Since it seems like I'll be heard on the merits of my brief (arguments), I thought I'd share it with the Mohegan Lake community--as if you are not at least vaguely familiar with it; this is the most refined it's been.  I had intended to share every paper and reply and whatnot, but it's exhausting and not a great legal strategy--or so I've concluded, as a pro se petitioner.

That said,  here it is!:

To be argued by: Evan Bray, Pro Se

Time Requested: 15 Minutes

APPELLATE DIVISION DOCKET No. 2015-02066

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT

45 MONROE PLACE

BROOKLYN, NY 11201

--------------------------------------------------------------------------------------------

IN THE MATTER OF

EVAN DANIEL BRAY                                            

--PETITIONER/APPELLANT-   

v.

TOWN OF YORKTOWN ZONING BOARD OF APPEALS, TOWN OF YORKTOWN PLANNING BOARD, TOWN OF YORKTOWN TOWN BOARD, FAITH BIBLE CHURCH, AND HUDSON RIVER TEACHERS FEDERAL CREDIT UNION

--RESPONDENTS/RESPONDENTS

--------------------------------------------------------------------------------------------

EVAN BRAY

APPELLANT PRO SE

Click on the small "read more" link located below, and to the left, to read more.

WESTCHESTER

INDEX #1049/14

Honey, I Eliminated The Required Front Yards

Unfortunately for Faith Bible Church, their design team has made what we in the profession refer to as a "colossal fuck up."  It's a highly technical term, but I think you understand it's not a good thing.  In short, the zoning code prohibits parking, for anything other than residences, in required front yards; 30 of the 63 parking spaces they are proposing are not permitted as of right and this is just now--over 4 years after the application was filed--coming to light.  It effectively reduces the occupant load the parking can support from 252 to 132.  Keep in mind they are proposing an occupant load of 344 on the first floor and 378 on the 1st floor. 

B. In any residence district, no required off-street parking facility shall be developed within the required front yard to serve other than residential uses, nor shall be developed within five feet of a side or rear lot line. 

I had a bit of a back and forth with the building inspector and he helpfully pointed out that in residential zoning districts, like where Faith Bible is, corner lots are required to provide side yards equivalent to the minimum front yard requirement in the prevalent zone  (30 feet in this case).  This means the wetland lot actually has a front yard requirement(indicated by yellow highlighter on plans below) not shown on my the plans; even worse than I initially thought.

G. Corner lots. On a corner lot in any residence district, there shall be provided a side yard on the side street equal in depth to the required front yard on said side street.

Since I wrote the attached letter (below, with exhibits) to the planning board, it has also come to light that the applicant is required to maintain a 35 foot front yard, not 30 feet as previously thought.  It's right there in Appendix A, footnote (1) of the Residence Zone Standards.  Duh!

NOTES:

1

On streets with less than a 50-foot right-of-way [Sagamore is 40 feet wide], the front yard setback shall be measured from the center line of the existing roadway and 25 feet shall be added to the required front yard setback.

 

There is actually additional required front yard on the Mohegan Ave frontage of the Wetland parking lot.  The code prohibites all this parking in our little residential zone.  Their engineer and architect totally overlooked (willfully or not) this provision.  It's kind of a bid deal since granting a variance for so much parking in that required front yard buffer would ruin the residential character of the neighborhood and devalue all of our homes. 

If I had made the same mistake they did (overlooking the front yard prohibition on parking), I would lose my job.  Shame on me for missing it for such a long time. Zoning can be sexy and thrilling.  I think I just proved that. 

Evan Daniel Bray v. Town of Yorktown Zoning Board of Appeals

Gentle Reader,

I present to you, typos and all, my article 78 petition without commentary.  If you would like to see any of the exhibits, you can email me at YorktownCode@gmail.com and I will send you any exhibit you would like to see; most are already posted on this site.  The return date is Valentine's date (that's the earliest date the judge will render a decision).  Stay tuned:

To THE SUPREME COURT OF THE STATE OF NEW YORK FOR

COUNTY:

The petition of, EVAN DANIEL BRAY complaining of the Respondent,TOWN OF YORKTOWN ZONING BOARD OF APPEALS (ZBA) respectfully alleges:

1. Petitioner EVAN DANIEL BRAY owns and lives in a single family home with his wife, three daughters (all 5 years old or younger) at 3496 Mohegan Avenue, Mohegan Lake, New York 10547.  Petitioner has an architecture degree from The Cooper Union for the Advancement of Science and Art and has worked for over 10 years as a building code and zoning consultant.  Petitioner identified himself as such to the respondent at the public hearings.

2. Respondent TOWN OF YORKTOWN ZONING BOARD OF APPEALS  “acts as an interpreter of the town code and makes judgments on its meaning on specific cases, grants variances upon appeal, and authorizes the issuance of permits for special uses in districts in which such uses are permitted,” as the boards powers and duties are summarized on the Town of Yorktown website.  Refer to section 300-201 of Yorktown zoning ordinances, powers and duties of the board of appeals.

Update on the Faith Bible Church Zoning Variance Application

It would be highly peculiar if the Zoning Board doesn't approve all of the requested variances tomorrow night, 10/24/13.  I was shocked they didn't last time. 

To bring you up to speed on the latest, I present my written comments to the Zoning Board from August.  I like to think it had something to do with their thoughtful deliberation of the application and their surprising postponement of their decision.

Dear Zoning Board Members,

Thank you for your continued diligence reviewing the instant variance applications.  I will continue to thoroughly examine, in my professional capacity, the instant application in attempt to vet it for full compliance and conformance with all applicable laws.  It is my hope that I can save the applicant, town, and myself additional time that will be required if all the “I”s are not dotted and “T”s crossed.  Faith Bible Church (FBC)  is on their 4th ZBA application in 3 years; I think all parties agree that we don’t want to be before the board on this matter, ever again.  

Let's Run The Numbers

The current occupant load of the existing site is approximately 160 people. That is based on the Yorktown Examiner article below (click on image below, to enlarge):


The proposed occupant load on file with Yorktown for FBC's new development is 344 people; that's over twice the current occupant load. They derive their parking capacity from a ratio prescribed by town zoning: for every 3 pew seats, there shall be 1 parking space.

Additionally, they are trying to claim the that the entire first floor of the building will never be occupied when the second is; I'll expound on that later in an essay entitled, "Non-simultaneous occupancy: pushing the envelope of responsible development in the modern age."

Based on photographs I've published previously(you can see them by clicking on this link), There are approximately 97-98 cars parked on and around the site on a typical Sunday; but for argument's sake, let's say there are 86 cars parked there, on average.

86 cars is what is proposed under the new development. Doubling the occupant load of a site that can barely support the occupancy of the much smaller church today is of concern.

I'm not against the church and I've expressed my concerns, in person, to Pastor Zottoli; he's acted in good faith and expressed a willingness to work with the community of Mohegan Lake. There was a working session of the Planning Board tonight, 4/11/11, which I observed. I'm positive that Faith Bible Church and the community of Mohegan Lake are going to get this done together, in a responsible manner.

The Forgotten Lot

You can click on the image below to enlarge it.

Above: aerial and black lines are from their architect's signed and sealed Zoning Board of Appeals application . I added the red(a lot shown on the zoning drawings and calculations, but omitted here) and blue(Lakeside Drive) lines to show what the architect has left of this sheet T-101 "Site Photographs Existing and Proposed."

I'm sure that was an honest mistake; but it's a mistake nonetheless. There are no less than two households that were not notified of the proposed zoning variance application which is immediately adjacent to and affected by the site of Faith Bible Church's proposed new development. I am requesting that the proper notifications be sent out and the application re-opened for public comment.

Click on this link and look at the last part of the form where it says "PLEASE TAKE NOTE."