Media
Newspapers and websites covering issues of importance to the redevelopment of the Harlem Valley Psychiatric Center.
The Coalition announces end of lawsuit to protect the integrity of the approval process
August 27, 2008
The Coalition for the Responsible Growth of Dover (CRGD) today announced an end to its recent lawsuit against the Town of Dover. CRGD now considers the case to be moot in view of the Town Board’s decision on August 6, 2008 to remove that provision of Local Law #1 which expanded the reach of the MC Overlay District to include properties beyond the boundaries of the former Harlem Valley Psychiatric Center (HVPC). In taking steps to amend Local Law #1, the Town Board recognizes that there is no presumption in favor of expanding the MC Overlay District.
The lawsuit had alleged that the Town Board violated the New York State Municipal Home Rule Law by failing to provide adequate public notice of the proposed text, and failing to have the final text of the law on the desks of the Town Board members at least seven days prior to its adoption. The lawsuit also alleged the Town Board violated the General Municipal Law and the Town’s own Zoning Law by not including the proposed change in the draft of the law sent to the Dutchess County Planning Board and the Dover Planning Board for review.
“Now that the lawsuit is favorably resolved, CRGD looks forward to working with the Town Board to assure a good outcome with the Dover Knolls development,” said CRGD President, Carolyn Handler. She added, “CRGD is not interested in legal wins, but only in sound planning and transparency. We are glad that the outcome of the lawsuit preserves the status quo, which was all that was desired at the time it was commenced. We will work to ensure that the Dover Knolls project concentrates on the core area of the HVPC with a high density development and that any development beyond the HVPC is lower density and occurs only after the core is developed consistent the with long established goals of the Town.”
Board adopts law to remove parcel from overlay district
August 14, 2008
The Town Board passed a law removing the language which we opposed because that language had not been properly noticed.
While we are eager to see the project proceed, we want to assure due process is respected and the appropriate agencies, towns and property holders receive the notices they are due according to municipal law. There are good reasons for proper notifications and on a project of this magnitude, it is all the more important that the Town of Dover follow the rules and procedures put in place by the Town, the County and the State and not cut any corners.
Dover Knolls may add 790 jobs to local area
August 14, 2008
The Benjamin Companies, developers of the Dover Knolls project, held the first of two presentations on jobs, housing and planning.
Smaller is Better
July 31, 2008
This Harlem Valley Times Editorial gives a nice update on the Durst/Carvel development in Pine Plains; a continuing dialogue between the community and the developer has resulted in a down-sizing, along with a shift in focus on the surrounding watershed and wetlands. This project, which the editorial refers to as “massive,” has under 30% of the housing units currently planned for Dover Knolls. The impact of Dover Knolls on Dover, the surrounding communities, the Harlem Valley Aquifer and the Great Swamp Watershed could be even greater, and will require that much more scrutiny to ensure the end result will have a positive impact.
“Five years since its initial presentation, the proposal for the Carvel property development has been downsized due to public opposition. We applaud both the community and the developers for this decision….We are also glad the focus seems to have shifted more toward environmental conservation, with a closer look at watersheds and wetlands.
….This downsized proposal may just be another step in the history of this development. Once this updated plan is fully fleshed out, residents might be more content with the changes, or they might ask for a further reduction of homes and a closer look at open space. Either way, this is all part of a process that is far from over. We hope the developers and the community can continue to have an open dialogue about this massive project.”
— Go to Harlem Valley Times Editorial
Board disagrees on Scoping Plan
July 31, 2008
CRGD applauds Town Supervisor Ryan Courtien for using executive privilege to define the language concerning the 245,000 square feet of non-residential space in the adopted Scope; he has displayed strong leadership skills in bringing the Town Board members together on this issue and protecting the interests of all the tax-paying residents of Dover.
“In her report, Councilwoman Katie Palmer-House referred to the scope that had been adopted in her absence and said that she felt the town had made some errors in its scope. Palmer-House said that she was concerned about the commercial and community service uses and felt that the wording in the scoping document was unclear.
As adopted, the scope states that the project would contain 245,000 square feet of commercial floor area and community service uses. According to Palmer-House, this was not what the applicant had specified in their application and therefore the town should not have amended the scope in a way that could be misconstrued to indicate that commercial and community service uses would share the square footage indicated.
Town attorney Thomas Jacobellis, from the firm of Hogan & Rossi, reminded the board that a scoping document was in no way an approval of the plan. Councilman Richard Hawthorne said that he would like to see commercial space and community uses space to be detailed and researched separately.
“I don’t like to see the two uses mixed in,” said Hawthorne. “It leaves the door open.” Hawthorne said that he was further concerned about the possibility that the wording of the scope would allow for the developers to dedicate a larger amount of the aforementioned 245,000 square feet to community uses, leaving an insubstantial portion for commercial use.
Jacobellis reminded both Palmer-House and Hawthorne that the scope had been adopted according to the rules of democracy and could not be changed after the fact. He also said that the town had the authority to ask the applicant revise their DEIS throughout the review process. ”You can still ask the applicant to review the commercial space as 245,000 square feet and then the community service uses separately,” Jacobellis said. Hawthorne expressed a concern that the applicant would not be bound to such a study, given the wording of the scope.
Town Supervisor Ryan Courtien said that he would personally ask the applicant to treat the two uses as separate in their studies to prepare the DEIS document.”
That split again
July 31, 2008
We encourage our Town Supervisor to poll Board members in advance of Town meetings to guaranty full attendance before a vote on the Dover Knolls project. Even if the vote ends up with the now familiar 3-2 split, the concerns of the dissenting minority will be on the record for future reference and constructive debate should lead to better informed decisions. In time, we hope a meeting of the minds leads to the planning and construction of the best project for our Town and our region.
In advance of the meeting referenced in this editorial, Councilman Hawthorne had an unexpected personal conflict and thus delivered a note to the Town Clerk, objecting to the dilutive inclusion of “recreational space” in the 245,000 square feet of commercial space. As a result, a debate ensued and our Town Planner offered to reinstate the 245,000 sq ft with reference to only commercial. Unfortunately and without adequate explanation, our Town Attorney, Thomas Jacobellis, encouraged a vote on the document with the new language, arguing that the DEIS could be changed later. And so the majority voted. With a mere strike of the pen and one last round in the word processor, we would have had a cleaner Final Scope with the definition as it had stood all all along.
The process is on track: there is no need rush to approve a document that does not adequately reflect the Town Board’s and the residents’ understanding of the economics of the project. We now must be doubly diligent to guard against further degradation of the mitigating tax aspects necessary to prevent increased property and school taxes.
— Go to Harlem Valley Times Editorial
Local Law amending Local Law No. 1 of 2008 for the MC Overlay District
July 9, 2008
At the July 9th Special Meeting, the Dover Town Board voted to discuss further the draft of a proposed local law to amend the Local Law No. 1 that was the subject of the Article 78 law suit.
Dover Knolls scoping document accepted
July 3, 2008
“When the floor was opened for public comment, Constance DuHamel asked why the community service use space was being included with the commercial space in the scope. Previously the scope had stated that there would be 245,000 square feet of commercial use space in the planned development. After the board’s special meeting the document was amended to read ‘245,000 square feet of commercial floor area and community service uses.’
DuHamel said that she was concerned about the two purposes now being combined within the same square footage because the community was counting on the property taxes of the commercial space.
‘If the state has an agency office in that space, are they paying property tax?’ she asked. ‘I want to make sure that agencies using the community service space are paying the same tax as the commercial. Otherwise, they should be separate in the document. Commercial space is a very important part of this project.’
Town attorney Thomas Jacobellis, from the firm of Hogan & Rossi, said that this was just an outline for the project and everything would be further delineated in the DEIS.”
Board: Scoping is extensive
June 19, 2008
The Dover Knolls Draft Final Scoping Document was reviewed at the June 11th Special Meeting. Supervisor Courtien pointed out the benefit of clustering buildings which will result in a reduced carbon footprint. He expressed his hope that the project create jobs and tax revenues. We applaud both these comments; the draft of the Final Scope addresses the need for proper phasing and the right balance of commercial/retail necessary to offset the increase in taxes that come with too high a percentage of residential units.
Go to Scoping Comments to view the considerable input from residents, neighbors and local organizations.
Coalition on growth has good intentions
June 18, 2008
— Letter to the Editor, Poughkeepsie Journal, George Nichols
Law amended in response to suit
June 5, 2008
In response to the Article 78 Proceeding filed by CRGD, the Dover Town Board has started the process to amend Local Law No. 1 and remove references to expanding the MC Overlay District beyond the HVPC. Any future request to include the Dykeman parcel in the Dover Knolls plan will require a full review by the Town Board in the course of the review of the application. We are pleased the Board is moving to resolve this matter, as it could have done earlier without incurring futher legal expenses.
Letter misstates the obvious: psych center development supported
May 29, 2008
— Letter to the Editor, Harlem Valley Times, George Nichols
Concern about Local Law No 1 voiced before Article 78 filed
May 9, 2008
— Letter to the Editor, Harlem Valley Herald, Constance DuHamel
CRGD President outlines the history of the group and reiterates pro-development stance
May 5, 2008
“A number of us in the community grew concerned after recent actions taken by our newly elected Town Board seemed to indicate a willingness to hastily move the Dover Knolls project forward in ways that would appear to benefit the developer over the long term interests of Dover residents and our neighbors. We decided to form a group to more actively monitor the site plan approval process after the Town Board voted to (i) remove site plan review for the Dover Knolls project from the Dover Planning Board and (ii) add the Dykeman parcel into the MC Overlay District without proper notice to the public.
Before deciding to commence legal action, a member of the group notified the Board in writing of the procedural defects with the Town’s decision regarding the Dykeman Parcel and encouraged the Board to take immediate corrective action.”
—Letter to the Editor, Harlem Valley Herald, Carolyn Handler
Town board addresses litigation expenses; Flood mitigation ideas reviewed
May 1, 2008
At the April 23rd Town Meeting, Town Board members debate the merits of reaching out to CRGD to discuss the Article 78 and save further litigation expenses.
Barbara Kendall, with the NYS DEC’s Hudson River Estuary Program, presented solutions to stormwater flooding and “focused on low-impact development as the way for municipalities to control the amount of runoff and resulting property damage….The Board discussed the possibility of Dover becoming a Municipal Separate Storm Sewer System (MS4) town, where strict permits are required for construction activities disturbing one or more acres.” Given Dover’s growth rate, according to the Harlem Valley TImes article, Kendall estimates it is “likely Dover will need to become an MS4 town by 2010.”
” ‘This is something very important,’ [Councilman Chris] Galayda said. ’We have a choice in life to protect what we have. Before big projects come into the area is the time to update the laws. If we do it now it sets a precedent and protects us in the future.’ ”
You can read more about stormwater management by visiting the Hudson River Estuary Program.
Dover Town Board can rectify procedural error
April 17, 2008
— Letter to the Editor, Harlem Valley Times, Carolyn Handler
Dover sued: new coalition says board didn’t follow law’s due process
April 10, 2008
” ‘Although we were disturbed by the proposal to strip the planning board of review authority, we would not have filed a lawsuit if that had been the extent of the town board’s action,’ said CRGD President Carolyn Handler. She said if the town had wanted to extend the zoning of the MC overlay district, the single amendment should have been the subject of a full public hearing and debate.’
‘We take no pleasure in having to sue the town board,’ Handler said. ’However, we cannot stand by and accept a brazen violation of the laws governing how amendments like these are supposed to be publicly noticed and considered, especially when it occurs in such an unfair manner, clearly designed to favor the developer at the expense of town residents,’ she said.”
Dover Knolls presents application
March 20, 2008
At a special Town meeting on March 12th, the Dover Knolls group discussed the new application.
“Some residents wanted to know if the developers would be willing to cooperate with the Green Building Council to create environmentally sustainable building design and construction. ‘Absolutely,’ said Zarin.
‘We’re trying to nestle them (neighborhood developments) into the landscape and create as little impact as possible on the surrounding landscape,’ said Kathleen Schibanoff of the Dover Knolls Development Company.”
Having a voice
March 6, 2008
“Of course, we don’t believe a development of this magnitude should be rushed through to permit. All parties need to make sure the scope of the project is in the best interests of the town and its residents. But, those investigations cannot begin until the developer and lead agency begin the State Environmental Quality Review Act process.
The public scoping hearing, tentatively scheduled for April, will allow residents to make their concerns known and become part of the process. Whether Dover Knolls is completed as envisioned by the developers is not the point right now; the most important element at this juncture is for Dover residents to become involved.”
— Go to the Editorial, Harlem Valley Times
Dover Knolls returns: Town board assumes authority over site plan review
March 6, 2008
In a highly controversial move, the Dover Town Board voted 3-2 to remove Dover Knolls site plan approval from the Dover Planning Board. There was much public comment which, in addition to being reported below in the Harlem Valley TImes article, may be viewed on the Town’s website by viewing the video of the February 27, 2008, Town Board Meeting.
“Planning board Chairman David Wylock admonished the town board with a resolution unanimously passed by the entire planning board. It stated that the amendment minimizes the role of the planning board, and that the group is treated the same as any other member of the public. Despite the strong words read in the resolution, Wylock finished his comments by stating ‘I take you at your word and trust we will be included in this whole process….’
Following comments from the public, Councilwoman Katie Palmer-House asked to share her stance on the proposed amendment. She stated that she could not support the amendment because she felt it was prepared without due diligence. ”The amendment was prepared without the involvement of all town board members in a limited amount of time,” she said.
Councilman Richard Hawthorne agreed with Palmer-House, stating that he had not received the amendment until 2:41 p.m. that afternoon.”There has not been enough time to make an educated decision on this matter,” Hawthorne said.
The public hearing closed after almost a full hour and a half devoted to comment from residents. The town board moved to vote on the new amendment, with Courtien, Galayda and Frame voting in the affirmative.
Hawthorne and Palmer-House voted against the amendment.”
