Town Board, 10-26-2020
Attorney David Steinmetz presented a conceptual plan for a proposed 62 unit active adult community off Route 100, just south of Route 134. The development, Croton Overlook replaces a similar 70 unit development whose 2011 rezoning from R-200 to RSP-1 expired when the previous developer failed to submit a site plan. Mr. Steinmetz said that his client would submit a new application for the same rezoning if the board was interested in pursuing the rezoning. After the brief description of the project, the board advised Mr. Steinmetz to proceed with the application.
Once an actual rezoning application is submitted, the developer and the town will have to review the DEIS and FEIS submitted with the original zoning to see what is still current and what has changed and needs to be updated.
Town Board, 11-22-2016
(See Town Board, 10-25-2016.) The executor of the estate of the former applicant asked the board to reconsider its earlier decision to let the 2011 rezoning expire. Supervisor Grace restated his opposition to the plan but left the door open if the applicant wants to come back to the board with a revised plan once some legal issues are resolved. On a motion made by Supervisor Grace, the board approved a resolution NOT to extend the 2011 resolution. (The voting record could not be discerned from the audio tape, but Councilman Bernard either abstained from voting or recused himself.)
Town Board, 10-25-2016
This town rezoned this 62 acre site in 2011 for a proposed age oriented 70 unit town house development. The resolution included a provision that the rezoning would become null and void if there was no approved site plan within five years. No site plan application has been submitted. Supervisor Grace advised the board that he had received a letter from the proposed development’s investor indicating his plans to foreclose on the property if the town did not extend the five year period. After a very brief discussion, the board decided not to extend the time period; the supervisor will notify the investor. It was noted that a logging operation has been taking place on the property.
Town Board, 10-23-2012
TJ Muldoon, the applicant for this development plan that received a rezoning in 2011, still owes approximately $21,000 in SEQRA fees based on last year’s review of his rezoning application. The money is owned to Wormser Kiley, the law firm that represented the Town during the rezoning process. The rezoning application included a provision that the fees had to be paid before the applicant could submit a site plan or subdivision plan to the Planning Board.
According to Planning Director Tegeder, the applicant is now ready to come before the Planning Board, and in an email to the Town requested an audit of the unpaid bills and said he wanted to talk to the Town Board about the fees.Supervisor Grace said that the problem stemmed from the initial agreement between the applicant and Wormser Kiley that had different rates for the firm’s work and that there wasn’t enough escrow money to pay the attorney.He wanted the Board to approve a budget transfer that would pay the attorney, saying that the Town couldn’t go back to the developer to ask for the money.He said that even though the requirement to pay the fees before the application could proceed was in the approval resolution, that that didn’t make the requirement legal.
Councilman Bianco said that the Board shouldn’t talk to the developer until the check arrived, and Councilman Murphy said that it was time to pay the attorney’s bills and “move on.”
When it was clear that the Board would not vote for the budget transfer, Supervisor Grace said he would tell the law firm that the Town is still “working on it” and that it would be up to the firm if it wanted to sue the Town.