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The Patrick Farm Proposal - The Issue Is Overdevelopment

There comes a time when the character of our community takes absolute precedence over the desires of any developer ... and that time is now.

 

Some here in Clarkstown, as well as in other Rockland municipalities, may have heard of the potential for a parcel near the Village of Pomona being "redeveloped". Well, for those whose understanding of this is passing at best, this is the time to peer across your fence and gain some understanding of what this project is all about; how it got to where it is, and why it is important to each and every resident of Rockland County.

Drive from Suffern to Pomona Northeast on Route 202. After you see the Town of Ramapo Equestrian Center on the left, look to the right. From Properity Drive up to Route 306 on the right is the North West boundary of the Patrick Farm property. Turn right from Route 202 onto Route 306 and continue again to look to the right and you can continue to witness what is known as the Patrick Farm property. 

The Patrick Farm is a parcel of 208 acres situated in and around the intersection of Routes 202 and 306, abutting the Village of Pomona which is also part of my legislative district. You’ve probably passed it a hundred times, and never really took in the understated, wilderness beauty of one of the last large open undeveloped parcels of land in the Town of Ramapo. Some may recall that a few years back, the property was considered as a potential golf course for the Town of Clarkstown. The property not only has a pastoral beauty, but is environmentally critical to all of us, as it is the sole source that supplies water to a vast area of the Lower Hudson Valley as well as the northern parts of New Jersey.

Ever so slowly, a dynamic seen way too often over the years maifested itself. The legal zoning protection of this land has been stripped away. Despite being designated within the Town of Ramapo’s Comprehensive Plan as being ecologically sensitive and recommended for special limited development, it was downzoned from 2 acre zoning to 1 acre zoning in 2004. That doubled the potential for single family homes from 100 to 200. Given the characteristics of the property and local community, one would think that was quite enough.

Then, in 2010, and again contrary to the Comprehensive Plan recommendations, the property was inexplicably downzoned again, this time to include multi-family MF-8 development! Of course, this action was immediately followed up by, you guessed it, an application that would develop the property to approximately 87 single-family homes and 410 multi-family units. Multi-family condominiums are planned to have four bedrooms each. The potential for an influx of over 5,000 residents is a reality!

To put this in context for my local neighbors here in New City .... Picture the Dellwood (Paramount) Golf Course on Zukor Road being sold and bringing in nearly 500 buildings of which 80% were multi-family in construction. Wrap your arms around an influx of over 5,000 people. I presume I now have your attention.

If I have not, or if you are like me and prefer visual characterization, the "now" and "possible later photos" that are included will certainly drive home the point.

As a legislator who represents the village of Pomona also, and one who brings an additional perspective as a former president of the Little Tor Neighborhood Association here in New City, I can state without equivocation that during all those years, I had never seen an application that downzoned property to this extent.  Thousands of people; hundreds of homes; a parcel home to wetlands and federal  waterway that feed public drinking water supplies;  clear cutting 140 acres of land; and an unfathomable impact upon traffic in this community. Frankly, the application shocks the senses, and the scope of this proposal poses an enormous and irreversible impact upon community and environment.

This is not an issue that affects one village or one town ... this will impact each and every family and business in Rockland. It is an inappropriate development of land that we will all feel the effect of in some way, shape, or form. Should this development go forward, it will impact upon all my constituents both in Pomona and right here in New City. And if you feel like I and many others do, and wish to stand up and be counted, contact a local group - Rosa4Rockland.org - that is working to ensure that any land development to this property is consistent with the nature and character of the community, environment, and county. 

As a matter of record, below are the text of my comments that I made for the record at the Department of Environmental Conservation (DEC) public hearing on Monday, January 7th that covered application permits before them regarding the Patrick Farm property and the current planned development:

My name is Ed Day, legislator for the county of Rockland, and direct legislative representative for the village of Pomona, which abuts the planned Patrick Farm development. I thank you for scheduling the hearing so all could provide their concerns directly to your agency.

Just a couple of points to segue into my testimony, and borne from a past experience of representing people as a civic association president.  During those years, I have never seen an application that downzoned property to the extent that in front of us tonight. Thousands of people; hundreds of homes; a parcel home to wetlands and federal  waterway that feed public drinking water supplies;  clear cutting 140 acres of land; and an unfathomable impact upon traffic in this community. Frankly, the application shocks the senses.

But to be direct and specific to the matters in front of you, and with the understanding that many who speak have more details and specifics, I offer the following compelling items for your consideration.

My review shows the following: that the application for stream disturbance is incomplete and the SEQRA scoping required a jurisdictional determination from the army corps of engineers, yet that has not been submitted.

The applicant is planning to rebuild the dam and needs a dam permit. They are looking to lower their dam classification and are planning to increase the culvert under Rte. 202 in order to do that. This also potentially increases the flooding downstream.

I request that you ensure three permits: stream disturbance, dam permit, and water quality and that the submitted information is independent of assertions by the applicant and/or the town. The fact that even united water has expressed strong concerns about the impact of the proposal on their multiple wells underscores the importance of this.

Finally, despite the fact that the town of Ramapo having a scenic road law that limits development within 1,000’ of the center of routes 202 and 306, a proper visual impact has not been done. This is a key concern of many residents and is an issue that should have been addressed in detail during SEQRA review. I ask that this be covered by the DEC as part of your findings.

I have confidence that once your agency does the due diligence that you are known for, and that is clearly indicated as needed here, you will find that my initial observation rings true; this proposal does not belong in a rural area such as this as it betrays both the people who call this area home and the environment all of us in the entire county share. Thank you.

Michael N. Hull January 11, 2013 at 07:03 pm
Take seriously what Day says and understand how the Religious Land Use and Institutionalized Persons Act (RLUIPA) is going to damage living conditions and property values. I wrote an article on this
http://newcity.patch.com/blog_posts/which-wins-planning-or-piety in which I described how dangerous this act is. A religious group can take one into court claiming discrimination about a zoning variance it was not granted and the you must pay for the plaintiff's legal fees (which can be millions of dollars) if you lose! Get a copy of this documentary http://www.thejewishweek.com/news/short_takes/rluipa_documentary Note the comment at the bottom of the above link: "I have heard St. Lawrence explain that the 2010 down zoning of Patrick Farm was in reaction to threats from the Hasidic community that if they didn't get the down zoning that they would come back with plans for religious based development and would invoke RLUIPA. In the Town of Ramapo the Hasidic population has been the group taking advantage of RLUIPA and the distress of the community at large is causing them to cast dispersions at ALL orthodox Jewish people because they don't understand the distinctions and don't appreciate that much of the Jewish community in Rockland treasures the rural character as much as they do. Many orthodox in the community are just as distressed by the overdevelopment in the Town of Ramapo and liken it to becoming another Brooklyn."
NYCGirl of Wesley Hills January 12, 2013 at 05:35 am
Right across Patrick Farm also on the corner of Routes 202 and 306 that Rabbinical School housing between 1,000 to 1,500 students including their families was proposed years ago. We all know that St. Lawrence's arms don't have to be twisted hard when it's comes for him to champion demands of certain groups. It's sad that certain "religious" groups will shamelessly use every dirty tricks to bully the people of Rockland County.
Watchdog January 12, 2013 at 08:52 am
Our government should consider whether or not it wants another lily white, blatantly segregated and discriminatory community of people who refuse to integrate into the local population and segregates it's schools etc, in direct violation of the Civil Rights Act of 1964. This is just like the deep south in the 1950's. Add that to the fact that community members are forcefully coerced into voting in BLOCS for candidates of their leaders choice.
CR January 12, 2013 at 04:20 pm
Legislator Day, first thanks for bringing this subject to light. I think it's a shame what's proposed for this land. I appreciate that you spoke out against the development of the property, but could you let us know what else you've done in addition to speaking at the hearing and posting on this blog? I've seen far too many times citizens complaining on blogs about town, county or state issues they're facing, but it seems like that's all they do and that's as far as they take it (I'm guilty of that as well).
Since most politicians will not stick their necks out and take a stand on any issue (unless it's so egregious that no one could possibly disagree, like speaking out against the Newtown shooting), having someone like you actually give an opinion is refreshing, especially since that opinion will probably not be popular with the bloc and could hurt you in your quest for County Executive. If you all are like me and are sick of what the bloc is doing to this County, we must support a candidate that isn't afraid to take a stand. Thanks for your past (and hopefully continued) opposition to this ridiculous project Legislator Day.
Legislator Ed Day January 12, 2013 at 04:40 pm
As a land use issue, the reality is that General Municipal Law allows the county level of government to opine, but a negative declaration (which did come from County Planning) is the legal limitation forcing a super majority override vote from the Town Board.
Elected representatives can take supportive action, and in this case it was not just speaking, but formally (along with Joe Meyers and former legislator Connie Coker) testifying against the project as a legislative representative, which does carry some weight. That also counter balanced the testimony of four legislators in support of the Patrick Farm proposal. All in all, I would like to think my stand makes a tangible difference. Yes, and as you pointed out that as a candidate for County Executive, there are likely negative political considerations, but my feeling is simple and along the lines you stated. If it is wrong and it impacts upon our community in such an overwhelming way, one should formally take a position regardless of that, which I have. If you cannot take the heat, real or perceived or are looking to make political judgments at this stage of a campaign, you have no business offering yourself to the people as their leader. Along those lines, I know that many close to this issue still waiting for FORMAL statements, not blogs or tweets, from the other three announced candidates. You may wish to pose your comment to each of them now that you have an unequivocal answer from this elected official.
Mike Hirsch January 12, 2013 at 08:15 pm
So it sounds like the Town of Ramapo trumps the County. Is this correct, and if it is, is there anything that can be done to stop this project?
Legislator Ed Day January 12, 2013 at 08:27 pm
Mike: Land use law places the ultimate decision to the level of government closest to the community ... i.e., village or town. To that extent, any town "trumps" the County except where specific circumstances are present that allows the county level of government to opine. A negative declaration is the legal limitation and that would force a super majority override vote from the respective Town Board. In my experience as a civic association president, that was a good thing here in Clarkstown. Elsewhere maybe not so much!
As to what can be done, other legal avenues must be pursued, and Rosa4Rockland is aggressively organizing that effort. The DEC hearing is an example. That is why I encourage people to get involved.
Sylvia Pineda-Alfonzo January 12, 2013 at 10:37 pm
This is what I call abuse use of RLUIPA ...it is a shame !!!!! St. Lawrence is no help as well. My family had moved here in Rockland County 4 decades ago and hoping that it will stay as peaceful and beautiful forever..
Ken McQuade January 13, 2013 at 12:17 am
The Hillcrest Fire Dept. will have a "New Square" at both ends of their fire district.
can you say mutual aid ?
well people..fast forward to another big issue...there was a property on rt 45 near the intersection that passes onto the thruway entrance and exit on the spur going to the garden state parkway..Mr Day..the property I believe was like 132 acres on rt.45..a group based out of monsey and maybe brookyln are lsited as the addresses of the new owners.NEXT!!!!!!!!!!a good possibilty will be another high density mini city rt on rt 45...rockland cannot handle 4 story multifamily developments.sadly once the "CULT' gets on the local boards we know the next steps..many of the new owners allocate a large amount of money to fight the"locals" they add it into their costs.they know local govement will be strained in the fight..so patrick farms..the two school buildings in ramapo2..all are sending us a message..scroll fast forward.I bet nyack is in the radar as guess what? they already have multifamily apartments buildings and sidewalks..my take? 10 years
elizabeth January 13, 2013 at 01:45 pm
Thank you, Mr. Day! Although, I am a resident of Nyack, I do feel the impact of this rape of the last remnants of woodland in Rockland. Keep up the good work! I will try to contact that website you gave. The developers should be ashamed!
Randy January 13, 2013 at 02:15 pm
Land use laws are supposed to support quality of life, the environment and promote responsible development that doesn't affect these factors. However, RLUIPA allows subversion of these principles presenting the opportunity for religious groups to seek protection under the law by claiming "discrimination". The only way that this kind of development and downzoning will be stopped is for RLUIPA to be repealed or substantially modified so that it only protects development from true religious discrimination. I suggest writing to your Congressman and Senators and expressing your concerns. They have the power to initiate this kind of change.
Mike Hirsch January 13, 2013 at 06:10 pm
I agree, but I would also like to know what our state representatives Carlucci and Zebrowski have to say about this and the Patrick Farm Proposal. I assume that Schoenberger and St Lawrence are in favor of it.
art gunther III January 14, 2013 at 05:09 pm
GO TO HIGH COURT
The very law that is meant to prevent disenfranchising the religious under “burdensome” local zoning actually disenfranchises others who accept such zoning. So, why not take RLUIPA to the Supreme Court? Rights are being usurped here.
Sidney January 19, 2013 at 06:33 pm
Thank you, Mr. Day, for being honest and letting us all know that for as much as you may speak and advocate, there is nothing you can do as a legislator or a county executive to help us stop development at Patrick Farm.
Makes me wonder, though, if that development does go through (and hopefully not), aren't you going to be lobbying for those 5,000 votes like other politicians in Pomona in your next campaign in 2017?
Legislator Ed Day January 19, 2013 at 06:52 pm
Sidney: Just to be clear, my present legislative district abuts this proposed development; is of great concern to my constituents; and am representing that concern on their behalf as I believe I should. As far as "lobbying" for a vote, you need only look at my record to understand that I do not lobby. I merely represent factually who I am and where I stand so the voters can weigh that and hopefully support me. If you are suggesting that I would support something that I believe is wrong in order to gain votes, you need to get to know me better. For example, I have been told that if I, using your words, was "like other politicians", I would not have publicly taken this stand to begin with, especially given the fact I am part of the County Executive race. I guess that should answer your question!
Sidney January 19, 2013 at 07:14 pm
Was it "taking a stand" when you skipped the vote to keep/override the County Executive's veto of the 2013 budget? Because it seemed kind of cowardly.
Legislator Ed Day January 19, 2013 at 07:31 pm
"Sidney": I gave you the courtesy of a reply and my record in my life is clear and not hidden behind a pseudonym and computer. One could suggest that could "seems kind of cowardly", no? And the record here is clear; notice was given to the legislature well beforehand that I would be out of town on business; that vote was a mere rehash of a budget position that I already voted on 2 weeks prior and was not changing my position on (as some did-interesting that fact eludes you); and if I magically could have been there, a vote - either way as a matter of fact - would have not changed the outcome. How this all affects your world eludes me, other than your wish to make baseless, political attacks. Have a nice day, sir.

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Jimmy R June 14, 2013 at 05:10 pm
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Paul Williams June 16, 2013 at 08:33 am
He also wanted to know the most effective method of spying on the other kids so he could get electedRead More Class President.
Green Farmer June 13, 2013 at 01:39 pm
Why not cut out the middle man and just send the money directly to the religious schools.
Paul Williams June 16, 2013 at 08:27 am
If they reported all their income........if every other home was not owned by a "RABBI"Read More and tax free.....if they returned all the books and learning materials they "borrowed" .......ETC ETC.....Get real Weeder.
Green Farmer June 13, 2013 at 01:42 pm
It will never happen.
M. Leybra June 16, 2013 at 07:25 pm
Shouldn't be happening in the first place & "requiring" another law to stop rippingRead More off Joe Blow taxpayer for county government elite, disgusting.
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Kevin Zawacki (Editor) June 12, 2013 at 11:03 am
Congratulations to the Cubs!
Scott F. June 12, 2013 at 11:35 am
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Lisa Buchman (Editor) June 13, 2013 at 11:20 am
Fantastic! Just posted the photo on New City Facebook too!
Aerial of United Water's proposed water treatment plant
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mike sullivan June 11, 2013 at 08:14 pm
get a life
Tom Nimick June 11, 2013 at 09:12 pm
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galledeb June 10, 2013 at 10:45 am
How can I get more information? When and where are auditions?
Maddie June 10, 2013 at 04:25 pm
You can contact Pastor Robin at rdemaggio@ramapocentral.org
Tracy Urvater June 13, 2013 at 09:25 am
What are the dates of this camp?
Cicadas emerging from their 17 year slumber.
Kevin Zawacki (Editor) June 9, 2013 at 09:32 pm
Thanks for sharing, Grace! Your thoughts on their noise?
Grace Anthony Zemsky June 10, 2013 at 09:00 am
The traffic from the nearby Palisades Parkway is more of a noise nuisance than the cicada chorus.Read More (We have triple-paned windows because of it.) There is something almost musical about the hum of the cicadas. Of course, it may bother me more if I lived in the "affected area" and heard it constantly. Upon entering this nearby neighborhood, the sound crescendos. And yet, it can't be heard a couple of streets away. The drone of locusts is more bothersome than these 17 year cicadas.
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Linda June 8, 2013 at 10:39 am
I missed this! Is there still a way to get a signed copy? Maybe he will do another signing?
John Murphy June 11, 2013 at 08:20 am
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