Village of Thomaston
Village of Thomaston
Public Notices
Design Review Board
January 27 at 7:00 p.m.
Village Hall
Meeting Notice
Agenda
Board of Appeals
January 20, 2022 at 6:00 p.m.
Village Hall
Legal Notice
Agenda
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Notice of Adoption of Local Law
Subject to Permissive Referendum
Legal Notice
A local law opting out of licensing and/or establishing retail
cannabis dispensaries and/or on-site cannabis
consumption establishments within the Village of Thomaston.
Bill T2021F
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STATEMENT FROM THE
VILLAGE OF THOMASTON
November 16, 2021
The Village is issuing this statement with respect to the
application by 124 Middle Neck Realty LLC to give you the facts.
We regret the anger, resentment, factual misstatements and
mischaracterizations that have been generated from a procedure
intended only to provide a process for public consideration of a
development application that could have benefits for the
Village. Other,
existing, legal procedures for such a development application
would not provide the Village with as much flexibility in
considering such an application.
The Village has always involved the community in the
public hearing process for land use applications.
Our residents have an invaluable role in, are an integral
part of that process, and we will always welcome everyone’s
participation.
I and all of your Village Trustees cannot imagine any
circumstance in which the Village would approve any application
that is met with overwhelming opposition by our community.
In this instance, following all applicable State and
local law requirements, the Village enacted a local law to
establish a particular procedure by which certain applications
could be made. Even if
that law had not been adopted, the property owner could have
made the application under other procedures already available
under State law, but under which the Village would have less
flexibility in reviewing the application.
Whether authorized by local law or State law, the
required procedures always recognize and provide for notice to
the public, and public hearing(s) with opportunity for our
residents to be heard.
As required by both the State law and applicable local
law, the Village must review any such application, including its
potential environmental and other impacts.
The local law adopted by the Village did not obligate the
Village to approve the development application in whole or in
part. Of utmost
importance to the Village, Local Law 3-21 established a
procedure more advantageous to the Village than other procedures
already available to the applicant.
Upon the conclusion of the public hearing process, the
Village Board of Trustees would be able to accept or reject the
application, in whole or in part, and to include reasonable
conditions if appropriate, without the applicant having a basis
to challenge any action which it did not view as favorable.
State law requires the Village to engage in environmental impact
review for every land use application, and also requires the
applicant to bear the Village’s costs of that environmental
impact review.
Under State law, the Village would be responsible for the costs
for review of other aspects of an application.
The local law established a process under which the
Village would require the applicant to bear the costs of all of
the Village’s review, and to deposit funds in advance to
reimburse the fees and costs of the Village’s professionals,
such as the Village Attorney and consultants, for review of an
application. The
Village required the applicant to maintain that deposit amount
with the Village for reimbursement of those expenses.
The applicant was also required to send out a legal notice to
nearby properties in order for the Village to commence and
conduct the public hearing(s).
The applicant chose not to make a requested deposit
payment, and chose not to send out the legal notice required for
the public hearing. As a
result, there was no jurisdiction to proceed with the hearing on
November 15, 2021. As already noted, the applicant instead chose
to withdraw the application, stating that it wishes to work with
the community to put forth a plan which addresses the concerns
of the community.
As you are also aware, several requests have been made to the
Village to issue a landmark designation for the building.
The Landmark Commission will proceed with its review and
make its recommendation and findings.
Further details as to
the process before the Landmark Commission, will be made
available shortly.
As provided in the Village Code, the Landmark Commission will
determine whether to recommend to the Board of Trustees that the
property be designated for landmark status, and the Board of
Trustees will determine whether to accept or reject that
recommendation.
I cannot over-emphasize the important point that nothing has
been approved or granted to the applicant, the landmark requests
have not yet been acted upon, and the development application
has been withdrawn.
Property taxes are a central issue of public concern.
Tax certiorari and grievance proceedings, especially for
commercial properties, have been unpredictable and have had a
negative impact on the Village’s budget.
One of the advantages of the incentive zoning process is
that it allows the Village Board of Trustees to impose
conditions in any approval of an incentive zoning proposals
which would protect the Village from tax certiorari or tax
grievance petitions. In addition, other agencies (not the
Village) have authority to grant tax abatements in proper cases.
The Village has no authority to grant or deny them, nor
does the Village have authority to prevent an authorized
government body (such as an IDA) from granting them. If an
IDA grants such abatements, the IDA sets the amounts of payments
to be made to the Village over a period of years in lieu of
property taxes, and for several years after an IDA approval such
payments would be less than the taxes otherwise due to the
Village. The
subject of a tax abatement possibly being granted by an IDA
would be discussed as part of the hearing process. In the
event the Village Board were to approve an incentive development
application, legally permissible conditions related to a
possible tax abatement application may be included to protect
the Village from a loss of tax revenue.
It saddens me to have to specifically address certain reckless
falsehoods, especially for those of you who know me personally.
I and your entire Village Board of Trustees did not, have
not and will not take anything of any value and did not, have
not and will not make any deals with the applicant or any
applicant. Any
incentive use payment is not a bribe; any incentive required
from the developer must be used solely for the benefit of the
community. There is
nothing to hide because there was no ‘deal’, and only after a
full public process can any application be approved or rejected
by the Village. Your Village Board of Trustees is an
all-volunteer Board, the members of which do not receive a
salary, stipend or other compensation, have not even taken
expense re-imbursements, and have held the line on managing the
operation of the Village and its services without a tax increase
for 12 years and counting.
Most important to our community is that we build
consensus and work together to avoid wasting our invaluable
resources of our time and money in adversarial pursuits working
at cross-purposes where in the end both sides lose.
Please remember, all Village Board meetings have been and are
noticed on the Village website in addition to the legal notice
requirements for publication, posting and mailing.
Agendas and Board materials have been and are posted on
the Village website in advance of the meetings.
Board meeting minutes have been and are posted on the
Village website after the meetings.
Village Board meetings will be held in person or
electronically allowing people to access and view the
proceedings by a zoom or webinar platform, by email, by chat, or
by phone. If
meetings are held by electronic means, the meetings will be
recorded, and transcribed, as required by law.
Public comment always may be submitted in writing or by
email.
I hope this addresses the questions, rumors and false
statements circulating in the community and on social media.
Throughout the Landmark Commission process, please remember that
both the property owner and the public have a right to a
reasonable opportunity to be heard.
The Village cannot, and will not, act precipitously and
intends to follow all legal due process requirements.
Let’s be respectful and maintain decorum, so that
everyone has an opportunity to be heard, so that the process
complies with legal requirements and is as fair as reasonably
possible for everyone.
Steve Weinberg
Mayor
Village of Thomaston
Statement from the Village of Thomaston
November 9, 2021
The public hearing on the application
of the 124 Middle Neck Realty, LLC incentive zoning application
will not take place on November 15, 2021. The applicant
chose not to email the required legal notice for the hearing nor
make the required expense deposit payment to the Village,
and has instead chosen to withdraw their application. The
applicant has
stated an intention to work
with the Village and our Village residents in an amicable manner
and to develop
modifications to address the concerns of our community for a
future application which is financially feasible
for a multi-family dwelling on the property.
The Landmark Preservation Commission will proceed with the
review of the public requests for landmark status in due time.
Notice of the Commission’s meeting(s) will be mailed to all
property owners within 250’ of the subject property,
posted on the Village website, and also will be emailed via Swift911.
The Village will issue a statement shortly to address the many
questions which were raised with respect to the incentive zoning
process and application. The statement will be posted on
the Village website and emailed via Swift911.