Mohegan Lake Legal Defense Fund

History of this site

This site was originally set up to fight 3 of 5 zoning variances proposed by the FBC development at Sagamore Trail and Mohegan Ave that eliminates two single family homes while nearly quadrupling the parking and occupancy loads of the old Lakeland Jewish Center. That effort failed and the application is currently before the Planning Board.

While Save Mohegan Lake will continue to update you on that issue, we are moving on to all issues affecting the lake, such as Mohegan Lake Improvement District (MLID) meetings, agenda and budget. This site is not an official mouthpiece for MLID, but some updates will be provided on this site; the official site is located here.

We do it all here, so long as it's Mohegan Lake related. Feel free to submit comments, content, garage sale notices, police blotters, PSA's, essays on the virtues of our 105 acre ice rink, rants, raves, etc... We love it all.

Email: YorktownCode@gmail.com

Sunday, January 17, 2016

The Big Chill

Not only is it a movie old people like, but it's also a way to describe the weather for the next week.  Think cold, Mohegan Lake.  We don't want this years Mohegan Lake Ice Fishing and Skating Extravaganza to be too abbreviated.  Consulting the ice growth chart, we're estimating new ice at about 3/4" to one inch per day, based on the average temperature forecast by the National Weather Service.  With highs topping out at 34 degrees, we may be skating very soon.  New York State says 2" of clean clear  ice is safe for people to walk on; we start skating at 4".  Hope to see you out there soon. 
   
Welcome forecast.                  



Wednesday, January 13, 2016

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


Friday, January 8, 2016

Big News

Guess who passed the "bat-shit crazy" pro se petitioner test?  This guy! [two thumbs pointed at chest]  Much more to come shortly, but I have some work to do.


Thursday, January 7, 2016

What Is Camp Nabby Up To?

Good question.  I'm glad you asked.

Camp Nabby has been an institution in the neighborhood for a long time.  Most of the people in the immediate neighborhood don't utilize it because it's like 4 or 5 thousand dollars (if I'm not mistaken) for an 8 week camp; thankfully Mohegan Lakers can camp out at one of our 7 private beach associations 5 months of the year. 

There is a bit of a traffic issue when dropping off, and picking up, kids during Camp Nabby season.  And by a bit, I mean it gets crazy.  Cars queuing for blocks along the street.  If an expansion of the existing buildings would increase the occupant load, it would be reasonable to request the owner to provide more on-site parking and queuing so the adjacent property owners don't get the shaft.

The signs you see on their property mean they have a pending zoning variance application.  They are pretty substantial--on paper.  A rear yard setback (meaning the houses on Holly Wood Street) of 20 feet where ONE HUNDRED AND FIFTY FEET are required in an R1-10 zone (our town's smallest residential zone).

In summary, this may not be a big deal and it could be harmless, but this is why we need to pay attention to the tiny black and white Zoning, Planning, and Town Board applications along the side of the road. They are important. [Note: it's hard to stay current with Yorktown's business.  Of the last 57 public meetings going back to October 19, 2015, there are five published meeting minutes online.

I implore the Town Board to move Yorktown Forward and keep minutes of the town business current, but I digress.

So what is Camp Nabby up to? Anyone know? 


Mohegan Lake Puppy Mill

"Only one protester, animal rights activist Karen Conlon, who lives in New York, attended a planned rally outside state Superior Court in Danbury. She said she hoped that drawing attention to Doyle’s case would force the closure of the Danbury shop, as well as his two other stores in Mamaroneck, N.Y., and Mohegan Lake, N.Y."

Apparently this "American Breeders" puppy mill has been next to Subway for years.  Just noticed it after Mr. Doyle started making the news.

Puppies!
  

Wednesday, January 6, 2016

The Ice Man Cometh (Hopefully)

Mohegan Lakers,

Did the record setting temperatures in December give you the SAD's?  Me too.  Good news though.  Temps seem to be getting back to normal, with normal being colder than a witches tit.  Since I leave when it's dark and come home when it's dark, I can't supply a picture, but the lake is now partially frozen.  Yay.  Oooooh, and look at this forecast from the National Weather Service (don't trust any other):



Hope to see you on the ice soon!



Thursday, October 8, 2015

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.



Thursday, September 3, 2015

MLID Budget Meeting This Thursday

From Ken:

This is the 2016 budget meeting of the Mohegan Lake Improvement District.  It is important, because this is when we recommend what we want to see happen and how much we are willing to  tax ourselves to accomplish it.  Please try to make sure that every beach is represented by at least one person (more is better).  We will be at Calvary Chapel at 99 Baron de Hirsch Road in Crompond at 7:30 Thursday September 3rd.  .

Personally, I'm literally doing back-flips (video from last night) I'm so excited about the lake water quality this year.  Hard to put a price on a full season of swimming whereas we have been closed as early as June because of the blue-green algae blooms.  In summary, tax away. 


Wednesday, August 12, 2015

Mohegan Lake's Alex Halpin Excels In Field Hockey

In addition to coach Sarsen, I think it's the magical waters of Mohegan Lake that helps our young athletes excel.  You guys read about Johnny Denis, right? (glad I got to see him play a couple times last year).  We do produce a disproportionate number of players that compete at the top of the national level. 

Here's a link to the LoHud article.  


Monday, August 10, 2015

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

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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]

Sunday, August 2, 2015