Town Board, September 3, 2024

It was a marathon meeting ending at 2AM.    As some of the speakers said while introducing themselves to the Board: “good morning” instead of the more usual “good evening.”

The two major items were public hearings on rezoning requests for two age restricted developments. Some additional items of interest are summarized at the end of this summary.

Note: This a longer summary than usual, but given the interest in the issues, I felt that the importance of the issues merited the extra text, especially as most residents will not have the time to view the 6.5 hour meeting video.

2023 Audit:  As a result of a $7.9 million increase in revenue  and a $5.2 million decrease in final budgeted expenditures, the town added $5.2 million to the General Fund fund balance for a total fund balance of $ 35,915,056. Of that amount, $24.1 million is unassigned or not already committed to cover specific anticipated expenses.  The additional revenue was generated mostly from sales tax and interest. Building permit revenue also exceeded budget projections.

Toll Brothers: This was a continuation of the July 16^th hearing. The majority of the comments centered on the need to upgrade Catherine Street; the need for more diverse and affordable housing; the future of the Field Home; traffic; steep slopes and sewers.  After the public comments, the applicant acknowledged that there were many issues still unresolved that needed more “dialogue.” The Board closed the hearing but left open a 10 day period for written comments.

Catherine Street: The applicant said he was willing to work with the town to improve the street but didn’t specify what those improvements might be or commit to making them or funding them up to certain amount.

Traffic: While Phil Grealy, the applicant’s traffic engineer, said that the development would not exacerbate existing traffic conditions (he stated that his traffic projections were 15% to 20% higher than what an age restricted development would normally generate), some speakers disagreed and cited existing problems that would only get worse.  Mr. Grealy said that although his traffic counts were based on 2022 data, they did take into account Trader Joe’s and the Walgreens currently under construction.

Housing: Several residents said that while they had nothing against senior housing, the town needed more diverse housing for all demographic groups One speaker, noting the number of proposed senior developments, suggested the town was being “anti-family.”

Speakers also questioned the luxury nature of the proposed townhouses, all 3-bedroom ranging from 2,400sf-to 3,000sf, and spoke about the need for more affordably priced housing.

Field Home: Although it is the applicant’s intention to gift the building and surrounding 2+acres to the town, Supervisor Lachterman said the town should not be long term owner. The town is planning to advertise an RFP (Request for Proposals) to explore potential uses for the building.  The president of the abutting Glassbury condo development said her group was opposed to any industrial like use or a banquet facility, two potential options included in earlier reports. The applicant said that if the town didn’t want the building, which he said was worth about $1 million, Toll Brothers would sell it. I asked whether the applicant would agree to hold on to the building and pay for its upkeep for a fixed time period, e.g., three years, while the town figured out what to do with the building.

Emergency Medical Services: The head of the Mohegan Ambulance Corps cited the likely increase demand on the volunteer group whose income comes exclusively from donations and insurance reimbursements. He asked if the applicant could provide some financial assistance.

Steep slopes: Noting that some of the townhouses would be constructed on slopes greater than 35%, with some 45%, (Yorktown and DEC guidelines recommend no disturbance on slopes greater than 15%), I stated that the Planning Board had not as yet reviewed the environmental impact of disturbing 8 acres with slopes greater than 15%. The planning director disputed the point, advising the board that a review had been done. (Note: I’ve submitted follow up written comments addressing this point.) 

Sewers: I also questioned the adequacy of the applicant’s mitigation plan to reduce the I&I (inflow and infiltration) into the Hunterbrook pump station that has a history of overflowing during heavy rain events.

The last public speaker berated the Board for speaking before the public who had waited a long time to speak.  When the next hearing was opened, the public spoke first.

800 East Main Street: The Board opened the public hearing on the DEIS, Draft Environmental Impact Statement.  In a brief presentation (given the late hour) the applicant explained that they were now only considering a 185 unit plan instead of the original request for 250 units (see August 12 Planning Board summary): 165 apartments and 20 cottages. All the units would be rental.  The apartments would range from 850 sf to 1,250 sf; the cottages about 2,000 sf. Rents for the apartment would be  in the high $2,000s to high $3,000s. There could be children in the units.

Traffic was the major issue.  As explained at the August 12th Planing Board meeting, the applicant said an alternate direct access from Route 6 was not feasible. But several residents said that the proposed two traffic lights the applicant would install and widening the left turn lane on Route 6 would not solve the problem; it would only create more of a backup. (The DOT has not as yet commented on the plan.) Another speaker noted that when all the proposed developments along Route 6 were added up, there could be 1,000 more cars on the road. 

Housing: While speakers appreciated the smaller units when compared with the Toll Brothers plan, they still spoke in support of more diverse and affordable housing. When the “anti-family” comment was made again, Councilman Esposito took exception to it saying “We’re not against kids.” 

Emergencv Medical Services. The head of the Mohegan Ambulance Corps repeated the need for additional funds to cover the cost of the anticipated increase in calls and corrected the DEIS which incorrectly stated that the ambulance service was funded from  the Mohegan Fire District tax; it is not.

Given the late hour, I did not deliver my prepared remarks but instead advised the Board that I would be sending a 6-page document with dozens of questions the applicant needed to be addressed in the FEIS, Final Environmental Impact  Statement. (By law, the applicant has to respond in writing to all the substantive comments made at the hearing.)

…and in other business… as the clock approached 2AM, the Board quickly and unanimously voted on a  list of routine resolutions — with one exception.

Nantucket Sound: The Board voted 4-1, with me voting no, to permit the applicant to obtain a Certificate of Occupancy in recognition of the fact that the applicant had posted a $35,000 cash bond: $20,000 to cover the cost of required off site mitigation that had not yet been completed and $15,000 to cover the cost of relocating the condensers as required by the Planning Board’s August 12^th vote that required the applicant to relocate them to the roof as required in the approved site plan.

During Courtesy of the Floor, Jay Kopstein spoke against the resolution but Supervisor Lachterman and Councilman Esposito felt it was unfair to punish the applicant who was losing money because the apartments could not be occupied.

(Note: I voted against the resolution for many of the same reasons cited by Mr. Kopstein. I also had doubts that based on past experience, the bond would ever be called if the applicant  failed to relocate the condensers.)

Ramp at Town Hall: During Courtesy of the Floor, Mel Tanzman was critical of the fact that despite the fact that he had advised the Board several weeks ago that the ramp did not meet ADA standards, the town had failed to correct the problem. What followed was a difference of opinion among Board members as to whether the ramp, installed while the main entrance to the building was being renovated, was still needed  or whether it should be made ADA compliant. Supervisor Lachterman said he would look into the issue.

Sensory Garden at Granite Knolls. In response to a question from Mark Lieberman at Courtesy of the Floor about the lack of progress on the project, Town Clerk Diana Quast who has been the lead person on the project said that a plan should be available soon. I added that once a preliminary was ready, it should be presented to the Board for review. (Note: given the poor acoustics in the gym, I could not hear all of Ms. Quast’s comments.)