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Rezoning considered to benefit ‘honest developer’ in place of PUD

Derek Kirk
Posted 9/10/24

SWAN LAKE — A request to rezone two parcels in Swan Lake is under consideration as the Liberty Town Board voted to have legal counsel Ken Klein to look into the possibility of altering the …

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Rezoning considered to benefit ‘honest developer’ in place of PUD

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SWAN LAKE — A request to rezone two parcels in Swan Lake is under consideration as the Liberty Town Board voted to have legal counsel Ken Klein to look into the possibility of altering the properties’ district status from RD to R1 with conditions, if passed. 

The change would alter the limit of the number of dwelling units per acre allowed. In an RD district, the limit is one unit per every 3-acre lot. In an R1 district, the limit is reduced to only 1 acre, with additional space granted if the development utilizes public water and sewer.

This motion came after discussion between the town board and the owner of the parcels, Wolf Friedman, his counsel and supporters at the Town Board meeting Wednesday night.

The two parcels are SBL 44.-1-12.1 and SBL 40.-1-8.1, sitting just off Kelly Bridge Road with one neighboring Swan Lake. These plots were once the potential site of a Planned Unit Development (PUD), but the idea has since been shot down after criticism from residents sparked a town-wide moratorium prohibiting PUD’s, which remains in place until October 3. It was extended for a second time in June and could be given another three months, should the board choose to extend once more.

Town Supervisor Frank DeMayo noted that he remains in favor of a PUD in place of rezoning, as it would “keep the town in the conversation”, giving them more control throughout the building process. Board member Dean Farrand agreed with the Supervisor.

In his plea to rezone, Friedman stated a number of his intentions if the change from RD to R1 occurs, which include turning the one landlocked 127-acre plot into a conservative easement, conduct various studies to ensure low visibility of buildings from the lake, establishing a $150,000 escrow fund in case of any environmental emergency with the lake and capping the unit limit at 180. 

He also noted that the land would not be tax exempt, which would assist in the town’s finances, especially after a recent vote to raise the salary to that of a “middle-of-the-pack” competitive wages for town employees late last month made in the attempt to better retain employees, among other rising expenses.

Friedman expressed that 180 units would be the limit, but would likely not reach that. However, a promise is not enough for Farrand, who voiced his concern of how the cap would be enforced. He said he would require a legal mechanism to solidify the cap before he could vote to move forward.

“This is a key lynch pin in this whole process,” Farrand said.

Board member Vincent McPhillips addressed Friedman as “an honest developer” and offered his support on the basis of Friedman working alongside others and being open to requests – a trait that was bolstered by public commenter and supporter, Bill Liblick.

“Wolf was willing to do everything,” Liblick said. In meeting with the developer to address the various issues he has with what was proposed, Liblick said there was “nothing I said that he did not answer back saying he wants to work with everyone.”

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