After months of debate and review by the Bethlehem Planning Board, and little in the way of compromise from either side, landowner Carol Richards has withdrawn a subdivision application that could have ultimately added 25 acres of forever-wild land to the Five Rivers Environmental Education Center.
Richards proposed deed-restricting nearly 25 acres of land against development and selling it for $50,000 to the Open Space Institute, which would in turn transfer it to the state’s Department of Environmental Conservation and then bring a portion of Five Rivers into the Town of Bethlehem.
We got a letter from her attorney withdrawing the application, said Michael Morelli, assistant director of economic development and planning, referring to Richards’ decision to withdraw her proposal.
The subdivision and land deal turned into a stalemate between Richards’ attorneys and town officials until it came to a head at the Tuesday, Nov. 18, planning board meeting. The town voted 5-to-1 in favor of its version of the subdivision, which included a 20-foot access along a proposed lot off Fisher Boulevard instead of Richards’ proposed New Scotland Road access.
Richards’ attorneys said she would withdraw her application after the vote because of frustration over the matter.
Board Chairman Howard Engel said at the time, `Neither side is willing to compromise.`
Some Bethlehem residents have said they lost out on an opportunity to gain nearly 25 acres of recreational open space ` land that wouldn’t have cost the town any money during a time of economic woe.
A neighbor to the proposed site, John Mariconti, said he thinks the town wasn’t keeping people’s best interests in mind.
`If the planning board thinks they’re working for the greater good, they’re sadly mistaken,` said Mariconti. `I think if the majority of people in town knew was going on, they would have more to say.`
Planning board member Katherine McCarthy, who was the only member to vote against the board’s recommendation, said she did so out of fear that Richards would withdraw her application, which was what eventually happened.
`That parkland resolution was the reason I voted against it because she might withdraw the deal,` McCarthy said of her vote. `I understand the point about the access, but I think it’s a nice chunk of land for the town.`
McCarthy said she still hopes some kind of new deal can be reached with Richards.
The main problem, according Richards’ lawyers, was the Fischer Boulevard access that the town and Open Space Institute was asking for.
Katie Stone, a spokeswoman for OSI, said the New Scotland Road access that Richards was proposing wasn’t acceptable as a public access point.
`That’s used by two families as a driveway with a deeded right of way,` Stone said. `It wasn’t sufficient to support the long-term vision for the property. Everyone at the Open Space Institute is pretty upset things are unraveling.`
Richards’ attorney, Terresa Bakner, has not returned multiple phone calls from Spotlight Newspapers, but told the planning board after its Nov. 18 vote that Richards `most likely will not move forward. She feels very strongly about this.`
`She believes that her request is reasonable,` Bakner added at the time. `All the lots are double the size and some are triple, four or five times the size of the requirement.`
Bakner also noted that Richards was only asking $50,000 for the deed-restricted 24.63 acres of land, and that a nearby, unrestricted half-acre parcel sold for $105,000. At that value, Richards’ land would be worth more than $5.17 million if sold without the deed restriction, instead of the $2,000 an acre she asked for with a restriction against development.
Richards’ subdivision plan consisted of building seven lots on a 35-acre plot and selling the rest of the land, which included property in the Town of New Scotland, to OSI.
The town said it wanted Fisher Boulevard access because it fits in with the town’s comprehensive plan of incorporating pedestrian pathways to recreational areas such as parkland and preserves. The access was described as of `critical importance` to the proposal.
Supervisor Jack Cunningham said he wanted to see the land deal come to fruition, but neither side reached an acceptable agreement over the issue.
When informed of Richards’ withdrawn application, DEC Region 4 spokesman Rick Georgeson said the agency was interested in the plan because it is always looking to add acreage to state preserve and educational center.
`That’s part of our Open Spaces Comprehensive Plan,` Georgeson said. `That’s something we’re always looking to do, to expand Five Rivers.“