Silly Geese

We are hoping the Court will make a decision on our article 78 petition in the next 60 to 90 days.  It's really hard to predict as the lead time varies from judge to judge, depending on case-load and other factors.

There are several other things we can discuss to pass the time such as the State Land Corp. rezone, the Costco site and the "Super" Walmart.  There will be a lot on that in the near future.  In the meantime, enjoy this video of baby geese walking down Mohegan Ave.  I'm going to use this post to propose the speed bumps that near the intersection of Scofield Road and Mohegan Ave be extended all the way up Mohegan to Sagamore Trail.  People actually walk on this sidewalk-less street while some people drive at break-neck speeds.  The speed bumps are very effective, in my personal experience.

Spring!

I'm personally not a fan of Canada geese because they poop on everything and I think their population could be responsibly and ethically thinned; much like Senator Gillibrand.  They are actually good meat; we could kill two birds with one stone (pun totally intended).  Donate the meat to food pantries and keep our environment well balanced.

However, I have to say I screamed like a little girl when I saw the babies down at the beach tonight.  So very cute.  And boy, do they ever have a unique, shall I say, locomotion.

Interesting Development

There's an article in this morning's Yorktown Examiner regarding the 100 acre development mentioned in the previous post for "State Land Corp." which is a private development and has nothing to do with the state.

Here's a choice quote from the Yorktown police chief:

In an April 26 letter to an environmental company assisting State Land Corp. in its efforts to rezone about half of the 100-acre parcel from four-acre residential (R-160 ) to commercial (C-3), Police Chief Daniel McMahon said, "The proposed State Land Corp. project will have a negative impact on the policing of the entire Town of Yorktown."

  

Let's hope the town board leaves this zoning district as it exists.  The developer can build several nice homes on the site and turn a handsome profit without detrimentally altering the character of the area.  The last thing the Yorktown Town Board should do is give another developer a handout at the detriment of the rest of Yorktown.

SaveYorktown.com?

Boy, I tell ya, northern Westchester is chocked full o' nuts crazy development and legislative proposals.  It's really, truly, very hard to keep up.  It's no wonder there's such a fatalistic mentality within the residential population of Yorktown when it comes to planning issues.  "You can't fight town hall" is a ubiquitous refrain with people who resign themselves to having to "live with it."

While this site was definitively set up to fight one particular issue, we may have to expand the scope of our discussion.  For example: there is a proposal to transfer approval authority to the town board, from the planning board.  I was heartened to see a lively group of people show up, en masse, to highlight the drawbacks of such a move.  The law was changed in 1994 based on sound reasoning.  There's not much of an argument to change it back other than "it used to be like that."  Imagine if we started changing laws back to how they used to be just because "it used to be like that."

Moving on, here's an issue that deserves some attention.  At the end of the day, to make a new commercial development a stone's throw from the Costco project site to move forward, there is a 100 acre site that needs to be rezoned to make that viable.  Under the agenda item titled "Forest Management Plan" , there is a substanative discussion that directly affects the viability of both of those projects; it's imperative that the public insert itself into this disclosure early and often [note: the preceding link is to Town Board summaries lovingly prepared by former supervisor Susan Siegel who maintains a LISTSERV here; I encourage you to sign up for mailings].

I leave you with the following moments of nature recently captured on the northern tip of Mohegan Lake:

Sidebar

There's some healthy public discourse going on with the Yorktown town board.  It involves transferring approval authority from the planning board to the town board (scroll to the end of this link, to read the meeting summary regarding the transfer of approval authority).  The town board will vote on the matter, soon.  I'm still gathering facts, but am leaning towards it's a terrible idea to approve such a change.

While I gather facts, please enjoy this photo from the meeting.  Those in the know may find some humor in that sign referencing the Yonkers town council/board member who was convicted of corruption and is serving jail time for yadda, yadda...

Glad to know that Yorktown has retained it's sense of humor.

Quick Update

Facebook page is rolling out, slowly.  Please like us.  We'll like you back; promise.  Twitter feed to follow soon.

Quick Update

Things will get a bit more lively on the site  soon.  The lawsuit is coming to a conclusion.  It'll still be a few months before anything is final.  I'm currently fending of a cross-motion to dismiss.  Hiiiiiiya!

I recently saw Laurence Dalfino, architect for my neighbor.  We were both attending a continuing education class on New York City Energy Code.  13 credits--that's good. It was actually held at my Alma mater, The Cooper Union.  Abraham Lincoln once delivered a speech in the same  room we had class; that speech basically secured his nomination.  I actually see Larry down at the DOB a lot, he actually has an office on 5th Avenue in the City.  Small world.  Small world.

We're All In Trouble

“Yorktown has basically been used as an ATM by developers,” Nettelfield said. “They get whatever they ask for.”

Sadly, I'm not surprised that Yorktown's zoning board is one of the worst in Westchester.  Have you seen these guys in action?

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.

Someone's Not Truthin'

Someone's not being honest with themselves, their community, the Mohegan Lake residential community and the Yorktown government.

Today, Sunday, February 26th, 2012, Faith Bible Church parked 88 cars to support an average occupant load; an average load, per pastor Zottolli's Planning Board application is about 150 to 160 people.

The new building that would take the place of two single family homes and the very small church that allows 100 occupants 3 days per year would allow for 344 people on the second floor alone. The church's architect, Larry Dalfino, has made up a code section about "non-simultaneous occupancy" claiming the 1st floor would never be occupied if the 2nd floor was being used. That's not only a lie, but also completely unenforceable.

Read the deed that ZBA chairman Gregg Bucci never took the time to read, here.

Let's set that falsehood aside. Let's pretend that the church is legally allowed to occupy the premises with "150-160 people" and park 88 cars on site to get those people there [the church is actually only allowed 100 people 3 days a year, for 3 hours and can only legally park 23 cars on site]. Let's then pretend the town approved "344" people to occupy the new building. How many cars would they have to park to support that occupant load? If it takes 88 parking spaces to allow 160 people on the site, how many spaces would be required to support 344 people? This is middle school math, but I'm going to give away a $40 gift certificate to The Winery At St. George for the first person to correctly figure out the number of parking spaces required to support 344 people (based on the current ratio of 88 cars to 160 parishoners) and leave the answer in the comment section.

What's Happenin' Now

2/24/2012: tomorrow, FBC's attorney is due in court at 9:30 in the "forenoon" [that's fancy lawyer-speak for "morning"]. He's trying to insert himself into the case because he doesn't think the Yorktown's attorney will do a good enough job.

2/28/2012, I will receive the town's motion to dismiss. They will argue that FBC should have been party to my lawsuit. There's still a snowball's chance that happens. 3/6/2012: Assuming I'm not thrown out of court for notifying FBC, I will have served my response to the town's motion to dismiss and reply to my petition to the court. I get the feeling it's going to be summer--at the earliest--before we have resolution. In the meantime, please enjoy this TV theme song instrumental. What'sHappenin' Now!! Oh no I didn't.

3 Day Weekend!

I hope the holiday weekend affords you some time for leisurely reading, too.