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Clarkstown Moves To Use Eminent Domain

West Nyack Property owner objects to town action.

 

The Clarkstown Town Board recently approved a motion to acquire property in West Nyack to build a new sewer pump station to replace an outdated one in a flood plain. Prior to the vote, the board held a public hearing on its plans to replace the pump station at 160 North Route 303 near North Greenbush Road. During the hearing it was disclosed after a year of negotiations the town made a purchase offer to property owner Hauser Brothers Holdings LLC on December 6 but it was rejected. The proposed purchase price was not discussed. 

Deputy Town Attorney Paul Schofield questioned Town Deputy Director of Operations Ralph Lauria about the site, which is near the former Journal News printing plant and office. Lauria said the sanitary sewer station was originally an ejector station and was built in 1973. 

“The station is past its life,” said Lauria. “It’s in a flood prone area.”

He said the flooding, which has reached as deep as six feet, comes from Route 59, Mountainview Avenue and Greenbush Road which are all uphill from the site.  Schofield next questioned David Hall of H2M, whose firm does consulting engineering work for the town.

Hall said he analyzed the existing system and recommended a new station be constructed uphill in a wooded area.  Hall explained the easement is needed to install a new sewer system in a location that will not get flooded and which can be safely operated by town employees. He added that the new facility would be built with a standby generator in case the power went out.  

After evaluating three other locations, Hall discounted them. He said the current lot is not large enough for a second pump station to be constructed while the first one is still there. A second site across Rute 303 also gets flooded and is too close to a residential home to be built. The third parcel considered is part of Mountainview Nature County Park and also in a flood prone area.

Attorney Robert Prier of Nyack, representing Hauser Brothers Holdings and Timothy Hauser, said his client objected to the town exercising eminent domain for a permanent easement. He said the town has not taken advantage of the easement it has. Prier also said he is contesting the town’s valuation of the property.

“Just for the record we reject the offer the town has made,” he stated. 

Town Director of Environmental Control Luke Kalarickal said the old pump station would be dismantled, the area restored to its original condition and the easement discontinued. The station serves 20 homes and five businesses. He said the proposed pump station would be 100 feet west of the exiting one, which occupies .4 acres. Town Attorney Amy Mele said the new easement would apply for .09 acres, approximately 3,800 square feet of the 4.3-acre site

During the January 15 meeting, Kalarickal said the new easement would not affect the existing buildings and parking areas. He described the plans for the structure as being similar in size and appearance to a residential property shed

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Matthew Brennan January 24, 2013 at 12:20 am
Clarkstown needs to use eminent domain to build another lane of traffic for Clarkstown South High School. The traffic is ridiculous backed up a mile in both directions every single morning. For the North South game it takes an hour to leave the parking lot. This is not fair to students, teachers, and parents. A bridge over that small stream would only require two concrete footings, three steel girders and some more poured concrete. It would be nice if someone could show some initiative on this issue.
Note Article
Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Jimmy R June 14, 2013 at 05:10 pm
The first thing little Frankie wanted to know was that since he was mayor of Suffern for the day,Read More could he get his bicycle fixed at the village Department of Public Works.
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.
Champs pose for a picture (photo by Craig Fetterman)
Kevin Zawacki (Editor) June 12, 2013 at 11:03 am
Congratulations to the Cubs!
Scott F. June 12, 2013 at 11:35 am
The boys were awesome last night and all season long, a well deserved Championship for a great groupRead More of boys
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
Tom Nimick June 11, 2013 at 09:23 pm
Mr. Pointing says that an issues conference is unusual. The unusual step is called for because thisRead More project is highly unusual; it is unprecedented. This French-owned water company wants to implement its pet technology at our expense - it makes sense for the company because the project makes lots of money. There is information available that calls into question the "definitive" studies carried out by the water company. Of course they found that their technology was the best option - what a surprise! They have not made the case that they carried out a disinterested examination of the issues in the public interest. Yes there are still issues. Also, stop threatening us with increased costs from delay. First, it does not make sense and second, you are trying to bully us into accepting your proposal. That is one more sign that something is wrong in your proposal.
John Taggart June 13, 2013 at 08:08 am
An issues conference will be a wast of time and money. So many ' issues ' have been pulled out ofRead More thin air. The people who organized against the plant will just keep saying the same thing. No amount of info will be enough, no answer will be accepted. The issues conference will be a circus of endless questions, ideas, and demands. Haverstraw bay reclassified as drinking water will better protect it, provide an endless supply of water and finally help end the stereotype of the Hudson being polluted Recommend
mike sullivan June 11, 2013 at 08:14 pm
get a life
Tom Nimick June 11, 2013 at 09:12 pm
There were no open meetings. I attended the April meeting and Mr. Lettre was directed by the TownRead More Board to return with more precise estimates and to include options for other upgrades. I have attended every meeting of the Town Board since that time and Mr. Lettre never returned in an open meeting. Mr. Borelli indicated that Mr. Lettre had addressed his concerns directly and privately. According to the Open Meetings Law, the deliberations of the Town Board are to be open and visible to the public. Private individual meetings or communications with members of the Town Board so as to avoid open deliberations flouts the intent of the Open Meetings Law. Mr. Gromack's statement of other meetings is inaccurate and, since it was specifically in response to a question about open meetings, dishonest. Mr. Borelli, shame on you for accepting a private communication and not standing by your guidance to Mr. Lettre that he was to come back to an open meeting of the Town Board.
Watchdog June 17, 2013 at 04:27 pm
Borelli and Ho -Man are in the bag for Lettre. They are not Republicans...just political hacks forRead More Lettre. RINOS.
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.
Coleen Crowe June 10, 2013 at 01:30 pm
There are swarms of them at my house in upper nyack. Take a ride down Broadway in Upper Nyack nearRead More Nyack beach and they are super loud.
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
This is the most accurate word picture of one of the tragic corollary side effects of one ofRead More humanities ' gruesome failings , which is war. Thank you Pam Sitomer for putting your writing genius to work for a noble cause.