North County News - March 21, 2001
Removal of historic Yorktown structure to be fought in court
Residents stonewall planners’ decision
by Brad King
The controversial decision reached March 12 by the Yorktown Planning Board requiring Arrowcrest Estates developer William Balter to continue clearing a stretch of historic stone wall on Hunterbrook Road in order to provide adequate “sight distance” has been put on hold by a court order.
Balter started construction last month on his Arrowcrest Estates, which straddles Hunterbrook Road.
The development will include 15 homes on four-acre lots.
Currently 200 feet of the stonewall has been dismantled, as well as the clearing of bordering tree lines and embankments.
Balter has amicably agreed to rebuild a portion of the wall when construction is completed and last week maintained he would do his best to preserve the character of the community.
However, Balter was served last Friday with a preliminary injunction and temporary restraining order against further demolition of the stonewalls, which have lined the historic road for nearly 200 years, explained Mathew Metz attorney for Huntersville Association.
Paul Moskowitz, president of the Huntersville Association, a neighboring group against the demolition, along with Yorktown Landmarks Committee chairman Robert Giordano, explained they sought legal counsel after the questionable March 12 decision.
“Our pleas to preserve the history and environment were rejected by the Planning Board and we were forced to take legal recourse,” Moskowitz commented.
“We have nothing against the developer and he has acted responsibly and we welcome him as a neighbor but the law forces us to take this action,” Moskowitz added.
Moskowitz explained besides destroying the quaint character of one of the oldest roads in Yorktown, the proposed clearance will also make the road dangerous by encouraging motorists to increase their speed on the windy, hilly road.
Moskowitz and Giordano said they have suggested adding appropriate warning signs alerting motorists to the roads curvaceous contours as an alternative to the demolition but explained their suggestions fell on deaf ears.
Yorktown Highway Superintendent, Eric DiBartolo submitted a petitioner’s affidavit along with Moskowitz and Giordano supporting the temporary restraining order against further demolition.
DiBartolo was unavailable for comment yesterday (Tuesday) but the North County News obtained a copy of his affidavit from Moskowitz.
His statement read: “It is my opinion that it is not necessary to demolish the stone walls on Hunterbrook Road to improve safety. It is also my opinion that removing the stone walls and the road embankment will only encourage drivers to drive faster, decreasing the safety of Hunterbrook Road.”
Giordano said the stone walls in question are currently under investigation by Yorktown Landmarks committee and he maintained that he informed the Planning Board at the hearing on March 12 of that information but it made a “quick” decision regardless.
“There is a difference in listening, hearing and comprehending and on March 12 it was clear that the Planning Board wasn’t listening,” Giordano said.
“We are simply trying to preserve Yorktown’s history so future generations can appreciate it,” Giordano said. “It is a sad state of affairs that we can’t effectively communicate with (appointed) town officials.”
Last week, when Giordano alluded to possibly taking legal action on this issue, Jeremiah Dineen, chairman of the Planning Board, responded, “If they want to go to court, we’ll go to court but it will be a big mistake.”
Dineen declined comment yesterday, saying he did not have the opportunity to review the court order.
Last night (Tuesday) at the Yorktown Town Board meeting, Moskowitz, flanked by Huntersville Association members and Metz, lobbied for the Town Board’s support. But Supervisor Linda Cooper said the board had been advised by its legal counsel not to comment on the issue.
Resident Michael Collier, a Huntersville Association member, expressed his disapproval for the lack of communication and commitment the Planning Board has demonstrated regarding the historic stone walls.
“The Planning Board has too much power and their members are aloof, arrogant,” Collier said. “Maybe it is time for some new blood on the Planning Board.”
Metz explained that State Supreme Court Judge John DiBlasi will make a decision after further review on or after April 6 regarding whether the developer can continue demolition.
Metz maintained the temporary injunction won’t bring Balter’s construction to a halt and as of Monday he said he has received no opposition from the developer.
“We are not interested in delaying the progress of his development and there is other work he can do in the meantime,” Metz said. “We just want to have a fair trial.”
Metz said that under Article 78 of New York State Law, the Planning Board could have its March 12 decision reversed by the court on or after April 17. But if DiBlasi finds in favor of the developer before that date, the court order served to the Town of Yorktown would be moot.
“The court will ultimately resolve this issue,” Metz said.
“I’m optimistic that our legal arguments will prevail and this issue will also prevail in the court of public opinion,” Moskowitz said.
Martin Wilbur contributed to this article.