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

Mohegan Lake Development: Envirogreen

So, the landowner (Envirogreen) of the parcel between the Peachwave/Sprint plaza and Dunkin' Donuts plaza (the green and white building, pictured below) wants to demo it and merge it with the illegal construction equipment lot he stages behind the florist house thing between the two plazas.

That's great that "Envirogreen" is planning to stop neglecting their property creating a blight in the center of our hamlet.  They have some issues with their neighbors.  I actually have some issues with their neighbors too, via a previous building inspector who allowed air conditioning compressors and huge tanks of natural gas within required yards (detailed post on that soon; zoning and code is so hot, right?).  Hopefully we don't get another 10 pounds in a five pound bag.  Faith Bible Church, I'm looking at you.  

Here's one plan of the proposal.

Note the through street behind the development requiring an easement with both Peachwave and DD plazas.  At least one, if not both owners, are not very hip to it. 

Speaking of shitty landowners, I'm about to find out who owns the fine specimen pictured below and located on Heyward street in the Mohegan Highlands (likely a bank).  We should shame them into at least demolishing it as it's a legitimate public health hazard.

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]

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.

And...We're Back

It's been a while Mohegan Lake.  We took an extended vacation this summer, rolling into the fall, but promise to keep bringing you all the Mohegan Lake news you can handle.



To get you up to speed, please be advised of the following:

• Lakeland athletics continues to be a powerhouse.  Both girls and boys soccer had respectable finishes.  You should make sure you cast your vote for our boys in this LoHud poll.  The girls field hockey team remains amazeballs.  Ranked number 2 in the nation.  Playing for their 6th straight state title, having won 50+ games in a row going back many years.  Stay up to date on the athletics schedule here. 
• The Mohegan Highlands Property Owners Association (MHPOA) is having their first annual Christmas Caroling Classic on Saturday, December 6th, 2014.  We'll have pre-Caroling refreshments at 5pm, with walking around the neighborhood and singing starting at 6pm.  If you're on our mailing list, you'll receive an email with details.  If not, email me at YorktownCode@gmail.com, and I'll hook you up.
• Word on the street is Evan's lawsuit against the Zoning Board of Appeals (ZBA) will be successful.  The court has been reviewing it an inordinate amount of time, likely meaning their having a hard time wording it so as not to hurt the ZBA's feelings.  Also, Silverberg Zalantis got run over by an ambulance they went chasing--but that's a long story for another day.
• The Planning Board approved Faith Bible Church's new building.  If Evan's ZBA petition is successful, it will be challenged in court.  So litigious, so exciting.
• The Mohegan Lake Improvement District (MLID) continues to be a force in actively bettering the health of the lake.  Most of the algae is washed away and the lake looks great, as of Tuesday at MHOPA.  This month's last Thursday meeting will likely be postponed to early December.  Stay tuned.

Marinate on those five issues, and we'll talk soon.

Planning Board Meeting For Faith Bible Monday, 4/7/2014

Please be aware of the hearing this Monday.  Do watch it on the teevee.  Don't bother attending, it will likely be adjourned because [redacted]; I'll take another one for the team. I'm starting to feel bad for the applicant.  I hope their team is volunteering their services pro bono to the church for screwing up so bad.  It's shaping up to be a 7 to 8 year approval, if it continues at this rate.

Amended Lawsuit Against My Zoning Board of Appeals

In its entirety:

AMENDED ARTICLE 78 PETITION

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER

----------------------------------------------------X

In the Matter of the Application of          :

                                                              :

EVAN DANIEL BRAY,                            :

Petitioner,                                               :

                                           :                   AMENDED VERIFIED PETITION

- against -                                               :

                                              :                            Index No. 1049/14

TOWN OF YORKTOWN                        :

ZONING BOARD OF APPEALS,           :

-and-                                                      :

TOWN OF YORKTOWN                        :

PLANNING BOARD,                              :

-and-                            :

TOWN OF YORKTOWN                        :

TOWN BOARD,                            :

-and-                              :

FAITH BIBLE CHURCH,                        :

-and-                             :

HUDSON VALLEY TEACHERS            :

FEDERAL CREDIT UNION                   :                                     :

Respondents,                                         :

                                                              :

For a Judgment Pursuant to Article 78  :

of the Civil Practice Law and Rules       :

----------------------------------------------------X

To THE SUPREME COURT OF THE STATE OF N

Faith Bible Church Planning Hearing Tomorrow, 3/10/14

We here at SaveMoheganLake.com would like you to know that the subject Yorktown Planning Board application that we've been following will have a public hearing held around 7ish at town hall TOMORROW.  Please don't bother to attend the hearing on 3/10/14.  If you can't watch it on TV when it airs live on the municipal channel, then DVR it.  It's gonna be a short discussion because the application has a glaring defect all of the highfalutin lawyers representing the church and the town missed (oR willfully overlooked). [editor's note: If I were the church, I would sue my design and legal team for sucking at their jobs incompetence.]

Anyhoo, it should be worthy of the space on your DVR and will likely be adjourned to a later date.  Your written and oral support of the opposition to the proposed out-sized development is on the record and to repeat it would be repetitive and redundant and repetitive.   

I'm serving my reply to the Church's attorney's merit-based response to my article 78 petition.  Can you believe that Yorktown failed to serve a timely reply and was refused by the pro se petitioner [bat-shit crazy man off the street who has no law degree but can meet a deadline?].  It was received 4 days late and about $3.50 short.  Your tax dollars at work, people.

In summary, watch the Planning Board meeting tomorrow on TV, from the comfort of your couch.  I'll take this one for the team.

It's On! (Again)

Today I served an article 78 petition challenging the Zoning Board's final determination.  I named The Town of Yorktown Zoning Board of Appeals, Planning Board, Town Board, Faith Bible Church, and the Hudson Valley Teachers Federal Credit Union.  FBC is on the working session agenda for Monday, January 13th, 2014.  We should get a good indication of when the public hearing will be when they put up the requisite Planning Board Application signage on the all five properties (they only have two up now--so keep an eye out).

It's weird they are still pretending it's an addition, as opposed to a new development.  But this is Yorktown and they retained a great attorney, so it seems like it's anything goes.  By the way, if you live in Yorktown and own a home, it's also a church.  The Zoning Board, for the first time ever, ruled that a "place of religious worship is a residential use."  If you want a church at your house, you can have it.  It's as of right and you don't have to make application to add that use to your house.  Set up a 501(c)(3) and you don't even have to pay taxes anymore on you house/church.  It's a windfall--for us religious types.

So in summary, stayed tuned for many more juicy details, including the petition filed today and all the exhibits.  The Sheriff should be serving the papers to all parties by Monday or Tuesday next week.

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.  

Faith Bible Zoning Board Public Hearing 8/8/13 @ 6:30pm

The meeting will be at town hall.  There's a lot of new information.  In fact 2 new variances were just discovered today that will require the application to be amended.  My goodness, if I were the church, I would sue the crap out of my design team for missing so many obvious variance requirements.

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.

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. 

ZBA Public Hearing for Faith Bible Church: Part 4

There will be Zoning Board of Appeals Public hearing in 2 days for the subject application; that's June 27th, 2013 at 6:30pm in the meeting room at Yorktown Town Hall.  You are advised to show up 15 minutes early, if you want to attend.  As always, if you can't make the meeting--you can watch it live on Cablevision channel 20..

Sunday Brunch at the Brays (feat. continuously blaring car alarm)

This video was taken from my front porch last Sunday morning; newborn child in my arms (you can hear her at the end of the video).  You can see my bedroom window (open) and behind the lush screen of trees sits one of the Faith Bible Church parking lots where they triple and quadruple park cars; the town uses the euphemism "stacking" to describe this eyesore and hazard.  The video was cut short because my phone ran out of memory.  All told this went on for 5 minutes.  There are a few things that are troubling about this situation:

1. There are so many cars parked illegally that it takes 5 minutes for the 200 person church to figure out who's car it is and turn it off.
2. The lush screen of trees, under the proposed new development, will be cut down and a chain link fence installed.  Chain link fence instead of a screen of tress.  My god, how much more value can my house lose? 
3. The town refuses to enforce existing laws in spite of years (literally) of written complaints.

I really, really wish Yorktown would start being more friendly and supportive of residents and quit letting developers run roughshod over this town.  It's not only a quality of life issue, it's a public hazard and devalues all homes in the area.

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

The Mohegan Lake Recap: 5/15/2013

Our Mohegan Lake Improvement District lake manager fired up all of the aeration stations on the lake, less the one on Horton Road that was damaged during Hurricane Sanday.  Nice work, Wayne.

We should expect to further our discussion about the Faith Bible Church Proposal at their public meeting on May 20th.  And don't forget the Zoning Board of Appeals meeting on Thurday, May 23rd.  Word on the street is they are excited to meet with us again.

Beavers!  Did you see the Yorktown News Article about "public enemy #1," the beavers that have taken up residence in the lake?  Unfortuanately that publication does not have a web presence and I can't link to the article.

The Mohegan Highlands Beach is opening up Memorial Day weekend.  We need volunteers to help float our swimming docks and ropes.  If you can help scrup Canada goose poop off the docks, maneuver them into position and tie ropes and buoys this weekend, please email me at YorktownCode@gmail.com. This Sunday.  1pm.  MHPOA beach.  Be there, or be square. 

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.

Reminder: Faith Bible Church Planning Board Hearing Tonight 5/6/2013 at 7:30pm at Town Hall

Don't forget about this public hearing tonight.  It's only THE most important facing Mohegan Lake today (now that we quashed that crazy Holland Club ball field proposal).  I guarantee it will be epic. Make sure you've been fed and have a snack; it will probably take a while.

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]