MAHOPAC, N.Y.—Just as plans for the municipal parking lot and pocket park for the long-awaited Swan Cove project were about to go out to bid this month, another obstacle has been thrown in the town’s path—this time courtesy of the state’s Department of Environmental Conservation (DEC).
At the June 18 Town Board meeting, town engineer Richard Franzetti said a representative from the DEC visited the property recently and declared it a “wetland.” That determination requires the town to conduct an environmental impact assessment and obtain additional permits.
And that could take months.
“They came and visited the site and deemed it a wetland. They did a walk-through and said there was wetland vegetation in there,” Franzetti told the board. “There were cattails and that’s considered wetlands.”
However, Franzetti said there is a possible loophole the town could exploit that could circumvent the long wait for the wetland permit. He noted that plans for the park include the construction of a fishing pier and a kayak launch. That would require a fisheries permit, which doesn’t take as long to obtain. He said the wetlands permit could be tacked onto the fisheries permit application.
Franzetti said the town should not put the project out to bid until all of the necessary permits are obtained.
“Part of the hurdle is you want to have all your permits in hand before you put a project out to bid because you don’t want to have any contractor put in a delay claim,” he explained. “The moment you don’t have a permit, they say, 'Well, I can’t do the work,’ and they put in that delay claim. So, we are trying to get those permits in line right now, and one of them is that wetlands permit.”
Board members expressed frustration over the potential delay, saying that for once they are all in agreement on an issue and are working hard to move it forward.
“We were aiming to go out to bid in early June,” said Councilman Rob Kearns. “This has just been one hurdle after another. Obviously, the DEC is not helping us. It’s not this board’s fault. But at the end of the day, everyone is upset with the progress of Swan Cove. Whatever we can do as board, we want to do and get this thing moving in the right direction. We moved the farmers market to another location because we thought we were going to start this project, but it has just been one thing after another. We have to figure it out and we have to move forward.”
Councilwoman Suzy McDonough noted that she’s been on the board since the town first purchased the property seven years ago and is disappointed it won’t be completed by the time she leaves office in December.
“It is very, very frustrating,” said McDonough, who is retiring from town government when her term ends on Dec. 31. “I am going to have 10 more grandbabies before it's done. My dream was to have this done before I left and it’s not happening. I feel your pain.”
Superintendent Mike Cazzari blamed the state for constantly changing the rules and requirements.
“They gave themselves the power to make anything they want a wetland,” he said. “In January, [the DEC] changed regulations. They apparently ruled that anything they want they can call a wetland and that is what they did.”
Cazzari said the small inlet that separates the Swan Cove property from the neighboring Chamber Park is what caught the DEC rep’s attention.
“That’s the B.S. that goes on—over-engineering,” he said.
Franzetti said the board could work with elected state officials to combat the wetland ruling.
“You have a recourse as an elected official to go to other elected officials,” he told the board. “Let me get more information so you have ammunition when you go to them.”
Members of the audience at the meeting also expressed frustration over the possible setbacks.
“I know this isn’t the current board’s fault, but hearing now that this is a wetland is disturbing. That is a shock to us,” said Mahopac resident Marianne Chaluisan. “That should have been taken care of before. You have to feel our frustration now because it is a lot of money. We want Mahopac to move forward. We want Mahopac to be a place where people want to come visit.”
Speaking to Mahopac News after the meeting, Cazzari continued to express irritation over the state’s involvement.
“This is another example of what the state of New York keeps doing to us,” he said. “It’s just, again and again—unfunded mandates. It is just ridiculous that they decided in January ‘Now we [the state] can pick if it’s a wetland or not.’ We have no control.”
Franzetti said if the town can get all the needed permits in a timely manner, the project could go out to bid by late July.
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