Help preserve our trees, support development that works with nature, support efforts to prohibit clear cutting, plant a tree!

HomeCurrent IssuesAnn's BlogMeetingsSuccess StoriesContribute

   

ANN'S BLOG

 

FAQs

 

Join the CoalitionWho We AreContact InformationArchives

 

 

Links

www.newyorkwater.org

www.westchesterlandtrust.org

www.townofsoutheast-ny.com

www.friendsofbeldenhouse.org

 

 

 

 

 

 

 

 

CAN WE HAVE BOTH CONSERVATION AND ECONOMIC DEVELOPMENT?

CAN WE HAVE BOTH?  That is the thorny, contentious question now facing many communities in the Hudson Valley confronted with efforts to formulate public policy that will serve the community in the 21st century.

 On Thursday February 25th (inclement weather date, March 4th), at Mahopac Library (Rte 6), Community Room, at 7PM, the first of a series of conferences will be held with noted panelists representing the areas of Planning, Land Use, and environmental law. The conference seeks to establish a dialogue and even consensus among members of the community with diverse perspectives and has the goal of bridging what often appears to be an insurmountable divide between the business community and conservationists. 

Our keynote speaker, Dr. Michael Klemens, noted land-use planner and conservationist, director of the Cary Institute and founder of the Metropolitan Conservation Alliance, has successfully bridged this divide.  As former Chairman of the Rye Planning Commission, consultant to Northern Westchester Biodiversity Corridor study and member of numerous local, regional, and national steering committees and technical advisory boards, he brings the unique perspective of successfully finding pathways of agreement that meet the needs of both economic development and conservation.  

Our other speakers on the panel are David Gordon and Dr. Patricia Houser, 

 David Gordon holds an LL..M in Environmental law from Pace University Law School. He was counsel to Riverkeeper from 1990-2004, representing public interest parties in negotiating the landmark 1997 $1.4 billion intermunicipal agreement to protect the New York City reservoir watershed; was a member of the Town of Lloyd Planning Board; vice-president of the Hudson Valley Rail Trail Association.  Currently, he specializes in environmental, land use and administrative law, on behalf of municipal and private clients throughout the Hudson Valley.

Dr. Patricia Houser is a native of the Mahopac Community, with long association with Carmel's historical society. She is currently Assistant Professor of Urban Planning at Central Connecticut State University. Dr. Hauser obtained her PhD in Urban Planning, Columbia University; was former Putnam County Historian and former Assistant Professor of Geography at Western Connecticut State University; has been a speaker and writer of numerous articles that in the midst of change, we must conserve the historic legacy of Putnam County. 

 The one-hour presentation by the panelists will be followed by a question and answer period.  And it is during this time, that we encourage you to ask the hard questions surrounding this issue: Can We Have Both  Conservation and Economic Development?  Only through honest exchange, can the seeds of consensus be planted, germinate and flourish into public policy that stresses consensus building.  

We will, of course, serve Refreshments and Desserts.   Your attendance and participation in this effort will single that it is possible to have quality communities encompassing the best of both economic development and conservation.

 Sincerely,

Ann Fanizzi

 

Partial list of Sponsoring Organizations: Putnam County Planning Department.; Putnam County Soil & Water; Wilder-Balter Associates; Preserve Putnam; Concerned Residents of Carmel/Mahopac, League of Women Voters; Croton Watershed Clean Water Coalition, Town of Southeast Open Space Committee; Friends of Belden House; Putnam County Coalition to Preserve Open Space; Incline Realty.


January 27, 2010


Mr. Harold Gary, Chairman and
Members of the Town of Carmel Planning Board
Town Hall
60 McAlpin Avenue
Mahopac, New York 10541

Re: Reapproval: Hilltop Properties
 

Dear Mr. Gary:

As Chair of the Putnam County Coalition to Preserve Open Space and a persistent advocate of the adoption of a blasting code by the Town of Carmel, I am writing to urge that the Planning Board add stringent blasting protocals as a conditions for the Reapproval application of Hilltop Properties. Planning Boards have this legal power and in this case, the moral obligation to do so.

The incorporation of these protocals is essential since the health and safety of  residents and businesses is paramount and might be affected by the blasting which according to information that I have received, is scheduled to occur over a period of a month.  In order to assist you, I am providing you with copies of a model blasting code presently implemented by the Town of Greenburgh.  The areas covered under the various sections of Local Law 140 are "reasonable and common sense regulations" which can be easily adapted to the situation in Carmel and include purpose, pre-blasting and post blasting inventory and photographs, notice of blasting, regulation of blasting operations, vibration, insurance, indemnification and appeals to name a few.  

The Town of Greenburgh Local Law which I am attaching goes far beyond the minimum State regulations which at present, blasting contractors must adhere and which cover workers but not the welfare of adjacent residents.  The Town of Carmel refers to these minimum standards and now has experience that they are inadequate to fully protect residents and businesses.

I urge your very serious consideration of the enclosed Town of Greenburgh Local Blasting Law and employ it in your deliberations and decision with respect to the Reapproval of the Hilltop Property application.

Please accept the Coalition's appreciation for your attention to our comments.

Sincerely,


Ann Fanizzi, Chair
Putnam County Coalition to Preserve Open Space
Atts.


December 28, 2009

Dear Ms. Fanizzi,

Thank you for your e-mail on the potential natural gas drilling upstate.

I share your concerns about this proposal. I am currently working with Assemblyman Sweeney who is the head of Environmental Conservation Committee in the Assembly to ensure that the New York State Department of Environmental Conservation (DEC) hears the concerns of New Yorkers. I have requested an extension for the draft environmental impact statement on the issue of natural gas drilling in New York. Although the date for public comments was only extended 30 days, there have been approximately 7000 comments received to date by the DEC. The comment period ends on December 31, so I encourage you to share your thoughts with the DEC if you have not already done so. You can do so at: http://www.dec.ny.gov/cfmx/extapps/SGEISComments/ .

I will continue monitoring those comments as well as the environmental and safety issues involved in this type of gas drilling. I will also keep in mind that legislation may have to be adopted in the future.

Again, thank you for relaying your concerns on this important topic.

Sincerely,
Sandy Galef
Member of Assembly



Ann Fanizzi wrote:

Dec 17, 2009
 
Honorable Sandy Galef
Legislative Office Building, Room 641
Albany, NY 12248
 
Dear Honorable Galef,
 
As a member of Environmental Advocates of New York, I am writing to
comment on the Draft Supplemental Generic Environmental Impact
Statement (dSGEIS) for natural gas drilling in the Marcellus Shale
 
formation because I have grave concerns about this fatally flawed plan.
Given current staff levels, the New York State Department of
Environmental Conservation (DEC) does not have the capacity to oversee
an industry known for playing fast and loose with the rules.
The DEC's dSGEIS:
* Lacks rules to limit the use of toxic chemicals in the drilling
technique hydraulic fracturing ("fracking")
* Does not protect streams, rivers or groundwater from large water
withdrawals associated with fracking
* Does not include a cumulative impact assessment or mitigation
measures to protect our communities from large-scale impacts
* Does not delineate "no-drill zones" or processes for
declaring sensitive areas unsuitable for drilling
* Proposes no regulations to protect New York's natural resources and
instead proposes a permit-by-permit approach that lacks teeth.
 
To protect our air, water and communities, New York State needs strong
regulations applied uniformly and enough staff to ensure the
regulations are strictly enforced. The DEC must also establish a list
of chemicals forbidden for use in drilling and propose a method to
 
declare sensitive areas of New York as off limits to drilling. New York
also needs a comprehensive water withdrawal plan to make sure that
drilling does not degrade sensitive fisheries or critical habitat.
Finally, without a meaningful cumulative impact analysis, the dSGEIS
bars the public from understanding how multiple well pads in an area
 
will impact air, water and community resources. It also makes proposing
or enforcing mitigation measures impossible. If nothing else, the DEC
should assess the 'worst case scenario' as directed under the State
Environmental Review Act and base mitigation measures on a
precautionary principle.
 
Please adopt my comments as policy. This is our opportunity to protect
 
the things that make New York State an amazing place to live--our clean
water, healthy communities and quality of life. If we allow drilling
without protective regulations or the staff to enforce them, we are
 
committing New York State to a future of industrial pollution and toxic
contamination. We need to act now to protect our natural resources.
Thank you and I look forward to your response.
 
Sincerely,
 
Ms. Ann Fanizzi

Albino peacock

I
 THINK THIS IS JUST TOO BEAUTIFUL NOT TO SHARE. 

THIS DOES NOT HAPPEN VERY OFTEN....HE 
LOOKS LIKE A GIANT SNOWFLAKE!!!
 

 

What absolute beauty only God 
Could create!!


May your troubles be less, 
Your blessings be more 
And nothing but happiness 
Come through your door!

A landfill windfall - The Septic Repair Program and the Landfill

11/19/09

I attended the Health, Education Environment subcommittee of the Legislature chaired by Sam Oliverio with Tony Hay and Anthony Fusco as members.  On the agenda were two topics of concern: the discontinuance of the septic repair program and the status of the landfill; the two are connected.  Forgive the length of this post but I hope it is well worth the time.  

I will deal with the landfill first on Rte 6 and connect it to the Septic Repair Program.    Recall this is the parcel that the DEC had targeted for cleanup for at least two decades. The issue was buried under 4 ft of contaminated earth until I believe the county discovered that the site was not only contaminated but could possibly contaminate the rosy picture of the adjacent site slated for the Camarda hotel/conference center. (Jerry Ravnitzky had written a letter re: that possibility which the county found).  

Up arose the site and other environmental violations (i.e. petroleum storage, lack of recycling) on the DEC's radar screen with the agency promptly declaring the county in violation and threatening the imposition of heavy fines, up to $100,000.   

On Sept. 2, 2008, an agreement (consent order) was reached between the County and the DEC on a whole variety of "multiple violations" which included the landfill and I am quoting from the DEC Press Release: 

Putnam County Landfill
The order recognizes that over the last 20 years Putnam County has continuously taken remedial measures at the landfill, in accordance with state requirements. However, DEC is now requiring the county to undertake more extensive and permanent measures. The order requires the county to complete the proper closure of its landfill (a four-acre inactive solid waste site) and address ongoing issues with leaking contamination. Toward this, the county must re-grade the site, improve surface drainage, and install engineering controls such as drywells and trenches to control leachate discharges. 

The county, however, convinced the DEP to relent (ergo the consent order above) and began a program of serious remediation, engaging a company to examine the various alternatives in terms of efficacy and cost analysis from capping to reclamation. Even gassification was considered.  

What seemed the most logical appeared to be the following: The Town of Southeast also had a landfill which needed capping but didn't have the fill, so negotiations were begun between the County and the Town to truck the fill to the Southeast site, barely five miles distant.  Much better than hiring a private trucker to do so.   Money has stalled the negotiations; the legislature balked.  Southeast wanted $3 million to take the fill, double the amount that a private engineering firm estimated. May was the deadline with the legislature and County Executive deadlocked over costs.   

According to Bondi, the DEC would consider using East of Hudson Funds, earmarked for protecting the city's reservoirs for the waste transfer and therefore, the costs were really a non-issue. 

But wait a minute.  East of Hudson.  Aren't those funds being used for the septic repair program? According to the county, after the first phase is completed which has about 131 applicants, the program will be discontinued. Cost and it varies - about $2,500,000.  However, as outlined by Watershed Information Director, Barnett, there was also a second and third phase.  Well those eligible for the program in those phases,  will be phased out. How many are there in this group and how much is heing saved?  Let's say another $2 to $3 million.  Keep that figure in mind.  

 It will now follow a "loan model" with residents with failing septics buying in through no interest or low interest loans.  According to Deputy County Executive Tully, the benefit would be twofold:  the program - very expensive (some estimated $20,000 per repair) -  would replenish itself and at the same time, the benefits would be extended to other communities, formerly seasonal lake communities on miniscule plots with equally intractable septic problems.  I was very concerned with the possible dilution of EOH Funds targeted by law for residents in the Croton Watershed i.e. Lake Carmel especially  or co-mingling of funds with a second program but was assured that would not be the case.  Those eligible would still be recipients of EOH funds but now under a loan program.   

In the meantime,  the DEC is continuing its analysis of the site at a pace much too slow for the county.  The urgency of arriving at some kind of a cost-effective plan was the hotel/conference center which sits adjacent to the contaminated landfill and sits and sits and sits together with six acres of prime commercial land which according to Legislator O'Dell, if developed, would result in $125,000 in taxes.  The DEC needs to be prodded urged an exasperated O'Dell  for there is an "End User" ready to buy and develop. 

Remember the figure if cost shifting is instituted for the participants of the second and third phase of the septic repair program.  were really a non-issue. The town of Southeast would receive what it asked.  Voila the landfill cleaned and presented pristine to the "End User."  

Quick - And who will pay for it? And who is the "End User?"   

AnnFanizzi

 


Free Speech in Carmel

11/14/09

I wrote a post in response to the thread "Video on Prohibiting Free Speech in Carmel".  Those of you who are interested can click on www.carmelresident.org and view the video.  I want to hold the town officials feet to the fire and have reminded them of several promises made during the campaign. 

 Now that we have extracted three minutes at the end of meetings and at times, more, at the sufferance of the supervisor, it is time to re-visit the procedures for public comment.  Let me enumerate a couple which are in place in several town jurisdictions. 

 1. Comments from the audience should be permitted after each agenda item, when town officials can incorporate them into their deliberations, not at the close of meetings whether workshop or voting, as is the current procedure.
 
2.  Non-agenda items should be permitted to be introduced at the close of the workshop and voting meeting.  These items need not be commented upon or acted upon by Town officials.  Two instances of the salutary effect of the suspension of this rule come to mind without the mayhem from the "rabble" so feared by officials.

 a. Residents of the Hill and Dale community beset by a proposed 150 unit senior housing project - Hillcrest Commons - had appeared before the Planning Board but without satisfaction.  At my suggestion, they properly brought their concerns i.e. blasting, most prominently to the attention of the Town Board and made their case.  Who benefited? Town officials, particularly Supervisor Schmitt who assured the residents that the development would not be built as proposed.  This statement was reiterated at a Candidates Forum held at the synagogue shortly before the election and reported in the Examiner News.  We know the Supervisor to be a man of his word, do we not. 

b. Residents of the Mahopac Ridge brought their concerns over the proposed construction of a now notorious Park n' Ride on their Mt. Hope Community.  And what was the result? The intervention of Town officials with the Supervisor and Councilman DiCarlo appearing before the legislature; the Town Board adopting a resolution addressed to the county legislature opposing the project and another resolution directing the engineer to develop an RFP for a traffic study of the vicinity of Mt. Hope.  Additionally, the Supervisor responded in the affirmative to my memo requesting that a wetlands study be conducted by the Town. 

 I call upon the newly elected council persons - Mr. Lombardi and Ms. McDonough - to take the lead in introducing these necessary reforms to codify what they had espoused during their campaigns: open and transparent government and a long overdue return to resident participatory democracy. 

 Ann Famizzi


Going Batty

9/26/09

As many of you are aware, CWCWC and the Coalition have opposed Hillcrest Commons (Rte 51, ShopRite) from its inception and have successfully litigated on several issues, one of which was possible impact on DEC officially listed Endangered Species. One of those species is the Indiana Bat found in NY State and underground on the slopes where Wilder- Balter wish to build their 150 unit senior housing development.   

Although Wilder-Balter has stated that they would relocate some of their buildings away from the areas,

a problem still remains: since blasting must occur in order to construct the project, the consequences for the habitat of the Indiana Bat is dire and for the bat itself, lethal.  It seems they live underground in caves and mines and according to the DEC fact sheet which I have reproduced below, "because bats hibernate in caves and mines, they are subject to flooding or ceiling collapse, both of which can and have killed thousands of individuals in the past."

 Although Wilder-Balter has assured the public and residents of the Hill & Dale community that there would be strict adherence to the highest standards of the New York State Blasting Code (which does not do a thing for humans), I really don't believe that the law had bats in mind.  I'm waiting with bated breath to read their Bat Protection Blasting Code.  Certainly it will tax the expertise of the best blasters around.  

 In the meanwhile, what a Planning Board cannot do and The Town of Carmel won't do (enact sensible steep slope and ridge line protections laws, tree preservation and a blasting code, nature's own 2-inch mighty bat may.

Ann Fanizzi

Indiana Bat Fact Sheet

Indiana Bat
Myotis sodalis

New York Status: Endangered
Federal Status: Endangered

Description

Drawing of an Indiana Bat

The Indiana bat is one of nine bat species found in New York. All are small as mammals go, this species being roughly 2 inches (51 mm) in length and weighing approximately .2 -.3 ounce (6-9 gm). Identifying most of New York's bats is not easy and the Indiana bat is one of the most difficult. It can be distinguished from its closest look alike, the little brown bat (Myotis lucifugus), by several rather obscure features. Generally, the Indiana bat is uniformly dark grey to grayish-brown in color and often has a pinkish colored nose. The little brown bat has brown fur; its ears and nose are often slightly darker, giving the appearance of a faintly contrasting dark mask, a feature that is noticeably lacking in the Indiana bat. An Indiana bat's feet are smaller, about 1/3 in. in length, with few if any hairs. These hairs do not extend beyond the tips of the toes. The calcar (a cartilaginous projection from the foot which helps support the membrane between the foot and the tail) is generally keeled in the Indiana bat but not in the little brown. Indiana bats are generally found in tightly packed clusters. In the center of the cluster, only the faces and wrists are visible. Little browns generally occur in loose clusters.

Life History

With the coming of spring, Indiana bats disperse from their winter homes, known as hibernacula, some going hundreds of miles. They feed solely on flying insects and presumably males spend the summer preparing for the breeding season and winter that follows. Females congregate in nursery colonies, only a handful of which have ever been discovered. These were located along the banks of streams or lakes in forested habitat, under the loose bark of dead trees, and contained from 50-100 females. A single young is born to each female, probably late in June, and is capable of flight within a month. With luck, it may approach the ripe old age of 31, a record set by the little brown bat.

In August or early September, Indiana bats swarm at the entrance of selected caves or mines. This is when mating takes place. Sperm is stored in the female's body; eggs are fertilized in the spring. Like other hibernating species, the Indiana bat accumulates layers of fat which sustain it over the winter period of dormancy.

Indiana bats spend the winter months in secluded caves or mines which average 37 to 43 degrees F. Criteria for selecting hibernacula are not clearly understood; many apparently suitable sites are not occupied. Where this species is found, however, it can be extremely abundant, congregating in densities of more than 300/square foot. Year after year, bats often return to exactly the same spots within individual caves or mines. Hibernation can begin as early as September and extend nearly to June.

Distribution and Habitat

Map of the Distribution of Indiana Bats in the United States

The Indiana bat is found within the central portion of the eastern United States, from Vermont to Wisconsin, Missouri and Arkansas and south and east to northwestern Florida. In New York, knowledge of its distribution is limited to known wintering locations-caves and mines in which they hibernate. There are eight hibernacula currently known in Albany, Essex, Warren, Jefferson, Onondaga and Ulster Counties. It is certain that the summer range of this species extends well beyond these counties since the animals disperse to breeding areas and other habitats to feed and raise their young.

Status

The Indiana bat was one of the mammals included on the original federal list of Endangered Species. In terms of sheer numbers, the species is rather abundant, with an estimated 550,000 existing range-wide as recently as the late 1970s. However, 85 percent of these bats winter in only seven caves or mines, with nearly one-half of the world's population being found in only two caves. Even though other populations have been discovered in recent years, the additions have not offset the losses recorded over the full extent of the specie's range.

In New York, approximately 13,000 Indiana bats are known to exist in 8 of the 120 sites searched to date. Surveys conducted since the early 1980s suggest they are doing fine in this state and may in fact be increasing. Where declines are suspected in some other states, the reasons are not clearly understood. Because bats hibernate in caves and mines, they are subject to flooding or ceiling collapses, both of which can and have killed thousands of individuals in the past.

The most serious problem for hibernating bats is believed to be disturbance by people exploring caves. Bats are sensitive to noise and light and can be aroused from their motionless state by passing cavers. Each time they are awakened, precious energy reserves stored as fat are depleted. Too many disturbances and the animals will not survive until spring. Outside of the hibernating season, factors which may be contributing to declines probably vary. For instance, pesticide poisoning is believed to be contributing to the decline of some North American bat species.

Management and Research Needs

Since the most vulnerable period in the life-cycle of the Indiana bat is during winter hibernation, management efforts are concentrated on protecting the hibernacula. The problem of human disturbance is curtailed by eliminating unauthorized access at major hibernacula through gating or agreements with the landowners. Searches for additional wintering sites continue so that they too can be protected. Long-term monitoring is needed to identify population trends. We will also need to know if population trends we observe in the caves and mines reflect what is occurring in the entire population.


The "Village" at Baldwin Place

8/18/09

Hold your breath but Somers is ready to construct its "village" just beyond Stop n' Shop along what is presently a tree-lined corridor into  Westchester County.  

Camarda is beset on all sides:  first Lepler undercuts him with his own version of "We'll build a staircase to Paradise" with his 6-story proposed hotel at the Rte312 Exit 19 intersection and now Somers with its own version of a "village."  (I have written extensively on it in connection with Union Place.) But now Somers has double urgency since it is one of the towns targeted by the discrimination suit that compels it to build affordable housing asap.  

How does Somers plan to do this?  The North County News of this week has a terrific article which everyone should read: a sewer district.   Here is a portion of the article:

Somers sewer district expansion nears approval

By Bob Dumas

SOMERS — The town board will meet this week to approve extending the town’s sewer district to include a planned hamlet subdivision in Baldwin Place that will feature 72 affordable senior housing units.

Bringing the subdivision into the town’s sewer and water district are key components to moving the project forward.

Separately, the HAC received $1.985 million in state grants.
The hamlet subdivision is planned for Route 6 and will include 152 residential townhouse units, an 80,000-square-foot assisted living facility, 40,000-square-foot clubhouse and 30,000 square feet of retail space.
 Roll Eyes

 


 06/29/09

"The fear is over," boasts Camarda as the park opened last week.  And who were these fearmongers spreading, "misinformation and inuendo?" Why none other than Riverkeeper, Trout Unlimited, Jim Tierney the former Watershed Inspector General, the Croton Watershed Clean Water Coalition, the Coalition to Preserve Open Space and countless residents.  And of course, the DEP who subsequently sued the Town of Carmel. (Mr. Camarda is no  stranger to DEP suits: In 1999, they sued the town over the original Carmel Center, now The Retreat; in 2005 DEP filed water quality violations over the senior housing complex and in March of 2009 additional violations were filed by the DEP/DEC over unlawful work on his proposed Union Place).

 

It seems to me that we have a lot to fear from Camarda, a serial violator of environmental regulations. The park you see is not the park that was planned, with massive deforestation,  blasting and encroachment of wetlands. At the persistent urgings of residents and the "fearmongers, the park was downsized to the point that it became a "neighborhood park" not the Rec Plex hatched in 2001 under the Del Capo Administration and incompetently pursued by the Pozzi Administration.  In a show of supreme arrogance, in 2005, Pozzi and the Town Board with Ravallo, a DEP supervisor no less, declared the project to have no environmental impact.  The DEP sued.

 

The original, bloated plan called for the following: major league stadiums, concession stands, press boxes, amphitheater, senior center, bocci, basketball and volleyball fields, roller rinks, Little League fields, parking for hundreds of cars in addition to picnic areas and playground for toddlers.  All situated on 37-acres of the most topographically and environmentally challenging land with phosphorus impaired Croton Falls Reservoir and West Branch of the Croton River, home to naturally spawning trout.

 

Two engineering firms had to be engaged to develop a stormwater plan capable of meeting DEP's concerns.  Cost to the taxpayers: approximately $200,000.  In addition, it was located on Seminary Hill Rd, a road that even the traffic engineer engaged by the town, deemed a problem.  Not Mr. Camarda, no traffic on Seminary Hill.  Concerns overblown. 

 

$2.3 million dollars later and almost ten years, a "neighborhood park" was inaugurated. Kudoes to the residents of Seminary Hill Road who held fast and persevered against those who demonstrated contempt for the SEQRA process; arrogantly ignored warnings from environmental community; dismissed legitimate resident concerns and finally showed reckless disregard for the costs to Carmel taxpayers.

 

Ann Fanizzi, Chair

Putnam County Coalition to Preserve Open Space


Update: June 20, 2009

For several months,  I have been totally engaged in several thorny issues confronting Carmel/Mahopac/Southeast and have been working with residents to obtain some justice in the outcome. Some  have received notice in the local papers and some such as Union Place a deafening silence.  Let me summarize them:

1. The Town of Southeast attempt to extend  Enoch Crosby Rd down to Kelly Road in Carmel brought about by relatively new residents who find unpaved, rural Maple Rd undriveable.  This has been a long standing grievance with some on Enoch wishing to pave Maple and those on Maple opposing the move. Town of Southeast officials have taken the course of least resistance and instead chose another route to connect Enoch to Kelly and discomfort the residents of Carmel rather than face their own residents. The political fallout in an election year too much to bear.  Additionally, a letter was sent to the legislature by former legislator, Regina Morini championing the cause of the Enoch Crosby residents.  Parenthetically, relatives either live on Enoch or on Peter road nearby, which might have been used as an alternate. 

 The Town of Southeast ignored the pleas of Carmel residents, the conc statements of Supervisor Schmitt,  my own cautions that a SEQRA review was needed and that the environmental situation was such that DEP, DEC and possibly the ACOE should be involved and after a perfunctory short and long form SEQRA review, adopted a resolution to immediately commence work. The highway superintended proceeded to cut down trees and otherwise disturb the land. The Town of Carmel filed suit - vigorously supported by Supervisor Schmitt and some town board members  met with residents, attended town meetings and  together with legislator Mary Ellen O'Dell and myself attended the court hearing.. Yesterday I received a call from a Kelly Rd resident who informed me that a decision had been made and it appears that the Town of Southeast must obtain all permits from involved agencies prior to the commencement of any further work on the proposed road. 

 2. Without prior notification to residents either by first class or certified mail,  the County felled over one acre of trees buffering the residents of Mt. Hope Rd from Rte 6 noise and traffic to construct a 60-car parking lot as part of the county's general plan to increase park n' ride spaces throughout the County.  The residents were dismayed and angered by the action, felt that they had been blindsighted and met with county and town officials (Supervisor Schmitt) and after being rebuffed, filed suit.  Two were filed, one of which was dismissed but the other has still be decided.  The issue here is resident notification and ability to influence the course of action to be taken and to recommend alternative sites more suited to a park n' ride.   

The county felt it was sufficient that notification was published in the two official papers, notwithstanding that the notification location was vague - all it stated was that a park n' ride was contemplated for Carmel/Mahopac; notwithstanding that they had taken particular pains to meet with the Mahopac Fire Chief who denied the county access to a unused parking lot containing 125 spaces; notwithstanding that they met with the leaders of the synagogue who though having provided some 16 spaces in the past, could not continue to do so and finally notwithstanding that the county required additional land and that the town had met with the prospective seller and by town resolution conveyed the land to the county.   

Throughout all of this, no attempt was made to outreach to the residents most impacted - those on Mt. Hope Rd.   

3. Michael Barile sued the Town of Carmel ZBA and won. Why did the court decide against the ZBA? It seemed that this was not the first time that the owner of a deeded substandard lot requested a variance and was granted.  The decision of the ZBA was perceived as arbitrary and capricious.  Attorney for Barile, Stockfield was able to show that no less than 6 had been granted in the "neighborhood."

 

 The case centered on whether a substandard lot of less than 3 acres - in this case - one acre - could be built. A variance from the ZBA was needed. The lot was on the county's list of properties and Barile outbid a resident who lived adjacent to the lot for ownership.   Recall that the Town of Carmel has a three-acre zoning limit for residential construction.  The lot was located on Lake Gilead Rd amidst single family homes.  Residents of the area to a man and woman opposed the granting of the variance, obtained petitions, wrote letters, etc and I said my piece.  The residents prevailed, at least at the ZBA.  

 When the town sued, it failed to include the residents of Lake Gilead as petitioners and thereby prevented the residents from appealing the case.  Why is this case important? Because there are many such substandard lots in Carmel/Mahopac. Individual residents and developers including Camarda who litigated against the three-acre zoning requirement, might use this as precedent and to attempt to overturn the code.

 Union Place to follow.

 Sincerely,

Ann


Re: Vitelli article: Lawsuit over Construction Site

5/20/09

When one views the "Gateway to Carmel" a once verdant slope forested in summer greenery and in autumn garbed in the colors of gold and red, one can well appreciate the wreckage wrought by the Camarda development project, The Retreat, which squeezed 321 monopoly houses for seniors on slopes of over 15% to 25% and on soils so unstable that the DEP was compelled to file at least 3 water quality violations and institute 123 inspections for signs of erosion and sedimentation.  Hapless Pulte Homes who subsequently purchased the 100-acre site from Camarda for $30 million was left with cleaning up the mess which required countless trips to the Carmel Planning Board and the Zoning Board of Appeals, entreating them for changes in location of their townhouses and variance from town code height requirements. 

Of course, the residents who accepted the Camarda invitation "to discuss the project" were unaware of the devastation from deforestation and from blasting, noise from rock crushers, excavaters and backhoes that would befall them but what they were made keenly aware was that opposition might mean the return to the bad days when Camarda proposed nothing less than Wal-Mart and The Gap and other delights of the Big Box menu on their doorstep.  The residents, some old timers and some new refugees from the Bronx and lower Westchester attempted the placate the wiley wrecker from Ridgefield and accepted buffers of shrubs and evergreens.  Ms. Kemp did not.  Instead she filed a lawsuit and the rest is shameful history.   Needless to say, despite resident assurances, Camarda did not retreat from his original plan, not one house. He would have it all and his concern for resident welfare made evident by persistently opposing my efforts and others to adopt a responsible blasting code.  

So fellow residents, look up to the hills that once were and thank Camarda, The Planning Board and Carmel town officials complicitous in one of the most disgraceful chapters in the history of Carmel.

Ann Fanizzi
Putnam County Coalition to Preserve Open Space

 


For all the gardeners and home owners
 

<http://www.soundclick.com/39years>

GOD: Frank, you know all about gardens and nature; what in the world is going on down there in the U.S.? What happened to the dandelions, violets, thistles and the stuff I started eons ago? I had a perfect no-maintenance garden plan. Those plants grow in any type of soil, withstand drought, and multiply with abandon. The nectar from the long-lasting blossoms attracts butterflies, honey bees and flocks of songbirds . I expected to see a vast garden of color by now. All I see are patches of green.

St. Francis: It's the tribes that settled there, Lord. They are called the Suburbanites. They started calling your flowers "weeds" and went to great lengths to kill them and replace them with grass.

GOD: Grass? But it is so boring, it's not colorful. It doesn't attract butterflies, bees or birds, only grubs and sod worms. It's temperamental with temperatures. Do these Suburbanites really want grass growing there?

St. Francis: Apparently not, Lord. As soon as it has grown a little, they cut it sometimes two times a week.

GOD: They cut it?  Do they bale it like hay?

St. Francis: Not exactly, Lord. Most of them rake it up and put it in bags

GOD: They bag it?  Why? Is it a cash crop? Do they sell it?

St. Francis: No sir, just the opposite. They pay to throw it away.

GOD: Now let me get this straight; they fertilize it to make it grow and when it does grow, they cut it off and pay to throw it away?

St. Francis: Yes, sir.

GOD: These Suburbanites must be relieved in the summer when we cut back on the rain and turn up the heat. That surely slows the growth and saves them a lot of work.

St. Francis:
You aren't going to believe this Lord, but when the grass stops growing so fast, they drag out hoses and pay more money to water it so they can continue to mow it and pay to get rid of it.

GOD: What nonsense!  At least they kept some of the trees. That was a sheer stroke of genius, if I do say so myself. The trees grow leaves in the spring to provide beauty and shade in the summer. In the autumn they  fall to the ground and form a natural blanket to keep the moisture in the soil and protect the trees and bushes. Plus, as they rot, the leaves become compost to enhance the soil. It's a natural circle of life.

St. Francis: You'd better sit down, Lord. As soon as the leaves fall, the Suburbanites rake them into great piles and pay to have them hauled away.

GOD: No way! What do they do to protect the shrubs and tree roots in the winter to keep the soil moist and loose?

St. Francis: After throwing the leaves away, they go out and buy something called mulch. They haul it home and spread it around in place of the leaves

GOD: And where do they get this mulch?

St. Francis: They cut down the trees and grind them up to make mulch.

GOD: Enough!  I don't want to think about this anymore. Saint Catherine, you're in charge of the arts. What movie have you scheduled for us tonight?

St. Catherine: "Dumb and Dumber ," Lord. It's a really stupid movie about...

GOD: Never mind, I think I just heard the whole story from Saint Francis!


Alternative plan for Union Place

Almost six months ago, I started a thread advocating an alternative plan for Union Place, one that would depart from the cookie-cutter proposal that has been presented.  It envisioned the 300 acres as a cultural destination centered on the performing and aesthetic arts while at the same time building on its historical use as a farm. Currently the applicant is proposing to destroy the buildings; the buildings should instead be preserved and continued in their current use.

The centrality of its location and its approximation to population centers in Somers, Mahopac and Carmel  make it a natural for this thinking out of the box proposal.  I have included below a description of the Rhinebeck Performance Center, similarly located off a main road.

The Center is housed in a red barn in the field and seats 265.  Parking is on gravel.
About The CENTER


 

The CENTER serves as a regular performance venue for local theater companies including CENTERstage Productions (Death of a Salesman, Cabaret,) the Gilbert & Sullivan Musical Theater Company (The Mikado, A Little Night Music), Kids on Stage (Cinderella, The Emperor's New Clothes), Rhinebeck Theatre Society (HONK!, The Music Man, Oliver!) , and Up In One Productions (Chicago, Fiddler on the Roof). The CENTER also hosts appearances by artists such as Jeff Boyer, Brian Bradley, Elaine Colandrea, Alpin Hong, Kitty Jones, Jeff McBride, The Puppet People, Solas an Lae, Tanglewood Marionettes, Barbara Rankin, and David Temple, to name a few.

Additionally, the re-awakening of Tilly Foster Conservation Area to its potential as a tourism mecca thru the efforts of George Whipple, has  lent further support that here in eastern Putnam we are ready to take off on developing local tourism.  

Buildings temporarily occupied on the Farm - The Lodge and the Cantina and the six-room "Habitat for Humanity house - offer what the legislators and the people have been clamoring for: a incomparable venue for conferences, weddings, meetings, a bed and breakfast while at the same time enabling the Farm to become financially self-sustaining - at no cost to taxpayers.  

Yesterday, the Journal News provided ample evidence that adversity brings opportunities.  Under a somewhat misleading headline: Tourists Leave their Wallets Home, it reported on several establishments that have used the downturn to smart market their businesses and I quote

In the Lower Hudson Valley villages that rely on daytrippers and weekenders, the effect of the economic downturn on the fall tourist season has been mixed. Bed and breakfasts are seeing strong bookings from customers who are shunning more expensive air travel to stay close to home. Restaurants are benefiting from the simple fact that if you are away from home for a day or a weekend, you need to eat. But merchants are glum as tourists browse rather than spend. Some high-end merchants are having some difficulty.

I have written a letter to the editor which I am sharing with you:

What  the article made clear is that smart marketers were able to surmount the challenges of the economic downturn by turning adversity into opportunity.   Specifically cited were "bed and breakfasts (The Kittleman in Cold Spring) seeing strong bookings from customers who are shunning more expensive air travel to stay close to home.  Restaurants (The Depot in Cold Spring) are benefiting from the simple fact that if you are away from home for a day or a weekend, you need to eat."

The real losers in this were high-end merchants who saw tourists browse rather than spend.  

We in Putnam are poised to benefit from the downturn but we need to be smart.  Under the leadership of George Whipple's not-for-profit organization, Preserve Putnam, Tilly Foster Conservation Area and Farm Museum, has embarked on an ambitious plan to make this jewel of eastern Putnam, a unique venue for residents and visitors alike.  No area has so combined the features that would attract tourists as Tilly Foster: Accessibility to transportation; incomparable beauty; home to rare animals and horse riding; a museum featuring agricultural machinery of the past and present and untapped and underutilized buildings such as the Lodge, possessing an industrial kitchen, more than adequate space for conferences, educational seminars and yes, weddings and family get-togethers.  

And there are other buildings that presently could be used to realize the legislative goal of making Tilly Foster financially self-sufficient, resident and visitor friendly and a tourist destination without parallel in Putnam.  

From north to south in Putnam - Opportunity is knocking.  Will we answer it?

 


The Supervisor's $15 Million Wish List


I wish to state from the outset that the task of developing a comprehensive Town Recreation Master Plan and evaluating current and future needs, was essential to meet the growing and changing demands of a rapidly changing town as was the estimate of the funding required.  That said, the process toward arriving at its elements and decisions was corrupt (the MSA President, Chaired both the Rec. Committee and the public sessions) and corrupted by officials beholden to those who sought to solidify their power and influence over the process for their benefit.  The means used to arrive at their ends demonstrated an astounding display of dishonesty, subterfuge and contempt for the people of Carmel as the ultimate decision makers.  Are we shocked?

I am going to write more extensively on the Wednesday night's Work Session entitled "The Supervisor's $15 Million and Counting Wish List." This sum over a ten-year time horizon projected by the Supervisor - maybe more, maybe less, maybe never  - was in today's dollars, exclusive of costs for road improvements, additional staff and operation and maintenance of the parks and not counting an inflation rate of conservatively 3%.  No discussion by the public; no referendum promised by Councilmen DiCarlo so that all the people of the Town could vote on what will be one of the largest outlays of taxpayer dollars in memory.

And what are the hardworking, tax strapped residents of Carmel/Mahopac who last year swallowed an 8% tax increase, going to get for subsidizing at their expense sports associations? These fields of dreams (baseball, soccer, lacrosse)  numbering five: Sycamore Park; Camarda Park; James McDonough formerly Crane; Baldwin Meadows and the Mahopac Airport Athletic Complex, will be under the control of the MSA and one under the CSA and it is they that have decided at what location, how many fields and which sports activities. Not the public.  The Town's Recreation Department under Gilchrist has become a lapdog - the goffer of the sports lobby and Ward & Associates, the company engaged by the Town for $55,000+  over two years ago,  the designated veneer applier of impartiality provided the pretext of pseudo-statistical data all slickly bound in two books to fool the public.

Any company with even a smidgen of integrity would have disclosed that the 478 survey returns out of 14,000 + mailed, was an invalid sample from which to make any decision and strongly recommend a re-survey. The public was cheated from knowing and understanding this vital piece of information from which purportedly decisions vital to their purse would be made.  Even Camarda dismissed the numbers and compared his 2,500 return with the laughable 478.  Instead Ward & Associates become co-conspirators in the charade with the Town Board and the MSA, to obtain what were pre-determined results.  The survey was filed in the circular file by DiCarlo and I was scolded by the principal for bringing the whole matter up at several Town Board meetings last year. 

Where is the Town going to get this money? They are probably counting on one time rec fees from the 1,300+ senior housing units to come on line - some $5,000, I believe which would cover about $6m of the $15m.   360 units of Stoneleigh Woods and The Retreat; 150 Hillcrest Commons; 120 Putnam Community Foundation and of course 300 of Camarda's Fairways attached to the hotel and from small-time operators now grabbing every single piece of Hamlet property near Putnam Plaza.  You can see the signs.

Debt and tax increases as far as the eye can see.  Even if they bond some of it, the debt service will eat into everything.  There will be a job for Finance Consultant Carey for years to come. He is going to earn every single dollar he makes.  And let us not forget there is an RFP for a new police station. 

Don't despair,  there is at least one additional source of funds for one of the projects: Baldwin Meadows - the 15-acre field, clear cut of trees and perversely considered "Open Space."  The $300,000 contributed by taxpayers remaining from the Mahopac Activities Coalition efforts to bridge the deficit gap in the Mahopac school budget a couple of years ago.  Remember, Barbara Nackman reported that it was in an escrow account.  Well David Furfaro, MSA President and Rec Commission Chairman, stepped up to the plate and in a grand gesture of generosity, offered the town board the $300,000 for the Baldwin Meadows project estimated at over $600,000 but Furfaro says "his boys" can do it for $300,000. What's wrong with this picture? The Board questionned the Furfaro offer but Ravallo detected even more serious legal problems lurking and said that he wished to discuss the whole issue "in camera" with the attorney after the meeting.  Another secret meeting.

But there is another, unforeseen problem. Seems the town doesn't even own the 15 acres that Peter Iovino ala Camarda donated as part of his residential project.  It was news to everyone. The conveyance of the property has been delayed because the bank refuses to release it from its mortgage encumberances. 

Oh and there is more.  The ball fields at Meadows are only a place holder for bigger things to come: a swimming pool at the site which Ward & Associates Rep priced at easily $3 to $4 million.  However, there is a little matter of utilities and they hope to piggy-back on the Union Place project for connections. 

Senior citizens are getting their piece of the taxpayers check: a senior center at Sycamore Park is planned, leveling the grade so that the seniors can access this inaccessible site.  Price tag - $4.5 million.  Ravallo didn't like the design or the site.  Just getting there is a trip.  Was this the seniors' choice? Who knows?

Not one mention.  Not one nickel for an arts or performance center.  The Arts Council, homeless, since the fire, left to fend for itself.

One final touch: there is going to be a doggie park about an acre at Sycamore and  Jim Gilchrist, Rec Director, will be in charge of the poop collection. 


 



 

The Big Apple is one step closer to becoming the "Green Apple" after the City Council voted last week for zoning changes that will bring more trees to our streets!

When we asked New Yorkers like you to sign on in support of this measure, the response was amazing. More than 1,500 of you signed our petition for a greener New York in a matter of hours. Thank you for your part in helping make this victory possible!

The zoning change calls for one tree to be planted for every 25 feet of street frontage, and will result in approximately 10,000 new trees being planted each year. These trees will clean our air, cool our streets, and keep us healthier. When we're thinking about how to make this city a more sustainable place to live, trees are a no-brainer.

Best of all, the City Council didn't stop at street trees. They also passed measures to promote green streetscapes, increase the amount of open space and permeability - important for making sure sewage and other polluted water doesn't get into our rivers and oceans, and create a permanent Office of Long-Term Planning and Sustainability to keep the city's green initiatives on track.

Want to know what you can do next to help New York add one million new trees by 2030? Find out how to get involved by visiting www.milliontreesnyc.org, where you can:

  • Request a city street tree or street tree planting permit;
  • Recommend a place to plant a tree in your community;
  • Volunteer to participate in a neighborhood tree planting event;
  • Learn how to properly plant and care for trees in your neighborhood.

But be sure to take a minute to enjoy this victory - and congratulate yourself for your efforts!



 

Subject: Letter to the Editor (Another Scary Precursor to Patterson Crossing)

In my August 2007 Letter to the Editor, I attempted to put a face to concerns of opponents of the proposed Patterson Crossing, by encouraging readers to view the construction at The Retreat site for senior housing by Pulte Homes in Carmel. Likewise, the I-287 blasting accident last October is indeed another scary precursor to Patterson Crossing.

Your April 14th article relating residents’ experiences encountering fly rocks from this I-287 mishap was chilling to someone whose residence is within 500 feet of the proposed Patterson Crossing. Although the I-287 terrain is very similar to the Patterson Crossing site, it is not adjacent to the densely populated Lake Carmel Park District, which is comprised of many converted summer homes built to yesterday’s codes.

We, along with fellow residents, have experienced water issues of major concern, prompting us to take conservation measures, not allowing for the luxury of power washing construction dust from our homes weekly. Since this proposed site requires the blasting of steep slopes, were just one blast to go awry compromising wells, we could be faced with total loss of water, not just an inability to power wash our homes.

I urge our elected officials and public agencies taking part the in the SEQRA process to closely examine this issue of blasting so perilously close to our residences, along with the many other major concerns accompanying said project, so as to guarantee we residents are not placed in harm‘s way.

Joan Castiner

Lake Carmel NY 10512