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.

UMass Men's Lacrosse Freshman Nick Mariano Named Rookie of The Week

Mohegan Lake native  Nick Mariano was named rookie of the week for his outstanding performance for Division I UMass Lacrosse.  Great work, Nick.  You make Mohegan Lake proud.  You can read all about it, here on MassLive.

(photo credit of Nick: LoHud)

MLID Meeting Thursday 1/30/13

A Message from Mohegan Lake Improvement District president, hope to see you there:

Happy New Year everyone!  Hope you are surviving the cold.  Despite the cold white environs, there is a summer season approaching.  Let's get back to work to make sure we are doing whatever we can as a community to help improve the lake.  We will be meeting this Thursday January 30 at 7:30 P.M. at the Mohegan Colony schoolhouse kitchen at 99 Baron de Hirsch Road in Crompond.  Among other things, we will be discussing our application to apply Alum to the lake to bind the excessive phosphorous which has been causing our algae blooms, our plan for this season's work, Lake Day 2014, and scheduling a date in February to have the Town Comptroller attend a meeting to answer questions for the Mohegan Lake park districts about Town procurement policies and procedures.  Hope to see you there!    Ken

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.

Early Christmas on Mohegan Lake

The 2014, Second Annual Mohegan Lake Ice Fishing Derby and Skating Extravaganza is upon us.  I got a few laps in with my father, who is visiting yesterday.  Remember to have some idea what you are doing, take care and use the buddy system.  Weather looks like it won't be safe for the next week, but this--as the subject alludes to--was an early Christmas present. 

Rejoice and make an offering to the gods of cold, cold weather. 

Zoning Board of Appeals Hearing 12/12/2013

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

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

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

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

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

Moose Hit on The Taconic In Fahnestock

This site has been dormant for a few months. Glad to be back. Expect lots of news on several subjects--very soon. In the meantime, please enjoy this Journal News piece on the dead moose. Photo courtesy of the NYSDEC:

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.  

Tomorrow, 10/24/13 MLID Meeting

A message from the Mohegan Lake Improvement District:

Our monthly meeting for October is this Thursday October 24 at 8:00 P.M. at the Mohegan Colony schoolhouse kitchen at 99 Baron de Hirsch Road in Crompond.  Hope you can make it.     

We had a great budget meeting last month and have some great works in progress to improve the health of the lake. 

Yorktown Candidate Debates: 10/10/13 in Mohegan Lake

Gentle reader,

I'd like to share with you the following email from Yorktown Smart Growth/Green Yorktown. They are sponsoring a Yorktown candidates debate with a focus on local envirionmental issues.  I'd recommend attending or, if you can't make it, posing questions in writing to the candidates.  Details below:

Hi All

Just a quick reminder and update about the upcoming Candidate's Debate on the Environment and Smarter Development with the Town Council candidates on Thursday night October 10th 7:30 pm at the Unitarian Church on Strawberry Rd, Mohegan Lake, NY.

The candidates have been given a list of topics and some typical questions in the form of a questionnaire, similiar to the one we used in 2011.  The purpose of this debate is to give the candidates an opportunity to present an informed position on the issues in our town today and discuss their environmental philosophies in a public and fair manner.  To that end, Ann Kutter will be co-moderating with me. I am very glad to have her smart and savvy help on this.

The topics include:

Climate Change and Environmental Standards

Habitat, Wetlands, and Open Space

Role of Government  and Smart Development 

StormWater, Water , Air Pollution

Regional Environmental Issues

Current Issues Facing the Town

We have been assembling our questions for the candidates.  I had asked for input from both GreenYorktown and YorktownSmartGrowth earlier in the summer for this (thank you to those who contributed)  and now is your last chance to throw in another idea.  Please use my personal email (peckh...@aol.com) so that others in the a google groups don't have to weed through lots of email clutter. Also, remember that you will get a chance to write your question down anonymously or authored at the debate on an index card and it will be asked during the Q&A.  We will NOT take questions from the audience as this could turn into shouting matches or personal attacks and that will not be tolerated.  This is a non partisan debate.  Please invite your friends and neighbors and hope to see you there!

Thank you so much for your participation in these important topics vital to our community.

Patty Peckham

co-chair GreenYorktown

board member, YorktownSmartGrowth

Wowzer: "It's a procedural issue"

I really didn't expect this.  I skipped what I thought would be a Zoning Board of Appeals rubber stamp to attend the most important meeting of the year.  That didn't happen.   Much more analysis of the ZBA hearing to come. You are encouraged to watch the whole thing. The FBC hearing starts at about the 8:40pm mark during the hearing.  They deliberate for over an hour.  And actually suggest that perhaps the proposal should be scaled back a bit.  Surprisingly reasoning has slowly started to emerge.  I take back all those mean things I said about the ZBA. 

I'm truly at a loss of words.  The first minute of the hearing confirmed that I'm not (totally) crazy.  Let's go to the video tape:

Mohegan Lake Improvement District Meeting 9/26/13 @7:30pm

A message from MLID:

We have an important MLID meeting tomorrow night Thursday 9/26.  This is when we decide our next year's activities to address the problems of the lake, and submit our budget proposal to the Town.  Everyone's input is welcome.  We will be in the Mohegan Colony schoolhouse kitchen at 99 Baron de Hirsch Road in Crompond at 7:30 P.M.  Hope to see you there!