A 35-acre development deal that could ultimately result in nearly 25 acres of land donated to Five Rivers and bring the state preserve into the Town of Bethlehem is still stuck in the planning phase.
Property owner Carol Richards has said she has become increasingly frustrated with the lengthy process of completing the deal and is rumored to be considering pulling the proposal all together and selling the prime piece of property to a developer if it doesn’t move forward.
The development snag is hung up on a 20-foot strip of land from Fisher Boulevard to the donated land which the town is requesting for an access road, but Richards has proposed having an access from New Scotland Road, where a paper road already exists.
Neighbors surrounding the property say they want Five Rivers to get the donated land and keep the current development proposal of seven units, as opposed to a new development coming in that could bring dozens of new homes to the site.
Town officials said they hope an agreement can be reached and the project can eventually move forward.
Michael Morelli, the town’s assistant director of economic development and planning, said the Fisher Road access is consistent with the town’s comprehensive plan in that it would connect recreational land by means of pedestrian pathways. He added that the New Scotland Road access would have to use a paper road, which Morelli said, would be disruptive to neighbors.
Essentially you’re walking down someone’s driveway, Morelli said.
`The goal of the comprehensive plan is to have a network of trails and pathways when appropriate. We’re looking at the big picture here,` Morelli said. `We were hoping we could take a common sense approach to this to allow for the proposal to go forward.`
However, neighbor John Mariconti said the town is being stubborn over access, and he is worried Richards will sell the parcel if an agreement can’t be reached.
`It’s gone nowhere, and it’s such an unbelievable gift,` Mariconti said. `I think the public would be flabbergasted to learn about this. All the neighbors that border this property just can’t believe it.`
In Richards’ proposal, a 25-acre portion of the land in the subdivision would be sold to the Open Space Institute for $60,000, according to Terresa Bakner, who represents Richards. If added to the preserve, that land would provide Five Rivers access from within the Town of Bethlehem. Currently, the preserve can only be reached through the town of New Scotland.
`It’s taken us a while to get here and there are no subdivisions that we are aware of on the history of this property,` Bakner told the board in April. `The land could have been divided into dozens of lots if they wanted to develop it. While the wetlands on the site are in several locations, it in no way inhibits the development.`
The development plans call for transferring the donated acreage to the Open Space Institute and eventually the Delmar Wildlife Conservation, which is owned by the state.
Planning Board Chairman Parker Mathusa asked for a 20-foot easement on both sides of a potential access point near one of the proposed lots.
`I want 20 feet on both sides,` Mathusa told Bakner at a Sept. 16 planning board meeting. `I don’t mean to be heavy on this, but I want to be sure.`
Mathusa said at the meeting that there was some confusion over the donated land, and he was looking for adequate access to the property.
`I, maybe erroneously, believed we had another access because it’s important to get to that park,` Mathusa said at that meeting, calling the property `landlocked.`
At the Oct. 7 planning board meeting, the topic once again came up. The ensuing stalemate has caused frustration for all parties involved, including town planners and Richards, who now lives in California, to the point where one neighbor offered to buy a piece of the land from Richards and deed it over to the town.
Bakner said in September that it was an `oddly shaped parcel,` and that she was unsure if they could give the full 20-foot easement with the current plans. She has reminded the board on several occasions of what the property would be worth to a developer and, on behalf of Richards, expressed frustration over the delays in approval.
`She’s quite frustrated with the process here, not with the board, but with the process,` Bakner said at the time. `She’s being given $60,000 for 24 acres [the access land in question], and she could turn around tomorrow and get $300,000. At some point, you hit a tipping point.`
Another neighbor, Frank Crisafulli, offered to buy the land off of Fisher Boulevard, but Mariconti contends that there are federally protected wetlands near the site, and it may not even be a viable option.
Mariconti called on the supervisor to weigh in on the matter.
`This is prime land we’re talking about. Mr. [Jack] Cunningham, the town supervisor, campaigned on open spaces. Where is he now?` Mariconti asked. `I think the supervisor needs to comment on this, and I’m having difficulties getting a hold of him.`
Cunningham said he believes the Fisher Boulevard access would have the greatest benefit to the town, and he hopes the deal will be settled soon.
`We’re encouraged with the whole development as it will add land to the state preserve. I think this will be a great development for the whole town,` Cunningham said. `We’re just trying to work with Ms. Richards to make this happen.`
Morelli said the town’s not trying to be difficult and has been moving the project forward as fast as it could.
With Richards living in California, he said, she has to go through an Albany-based lawyer (Bakner) who speaks with her and her lawyer and then has to work with the Town of Bethlehem.
He added that the Open Space Institute has offered to buy the 20-foot access and any other property `at fair market value,` and that the access would not impact the proposed seven lots.
`This is actually a minor hang-up but it’s kind of blown up into a major issue,` Morelli concluded.“