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. 

May 6th, 2013 Planning Board Meeting Video

The internet is a wonderous place.  For those who were unable to attend or watch on the Municipal channel, you can watch it clicking on this link.  You can scroll ahead to the 1 hour, 36 minute mark to watch just the Faith Bible portion.  It's 2 hours long, so grab some popcorn.

I'm absolutely exhausted, but excited about our prospects.  Next public hearings:

May 20th Planning Board

May 23rd Zoning Board.  We'll have to wait and see if the Zoning application will be opened to public comment, but you should assume so.  See you there.  

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]

"Some people work very hard, but still they never get it right."

It is time to sum up where we are with Faith Bible Church. Simply put, the church leaders continue to behave selfishly. Their proposed construction would be detrimental to the wetlands of Mohegan Lake and every home in the small residential neighborhood that surrounds it. Their design is plainly illegal, for good reason. The site is simply too small for such a large development. And yet, nearly 5 years after plans were initially submitted, the scale of the proposed development is as large as ever. 

Instead of respecting the law, and the public interest that is served by the law, the church hires shameless professionals to make deceitful arguments in an endless search for special exceptions to the law. The public interest is clearly opposed by such an illogical design, but mislead public officials continue to entertain the possibility of granting these exceptions. While this may benefit the church and the hired professionals who exploit their selfishness, the rest of us are losing in the process

Much more to come on this shortly.  Thankfully, we have the full backing of both home owners associations that surround the site and will make a reasoned stand against the madness.