FORESTBURGH – After the proposed escrow law amendments were addressed during the public hearing held on Thursday, April 7, the Forestburgh Town Board ultimately decided to table their decision.

The current escrow law falls under the Chapter 82 of the Town Code titled Escrow Deposits.

The escrow law amendments have been tabled until a further date and remain up for discussion among Board members after Steven Barshov of Sive, Paget, and Risel P.C., legal representative of Lost Lakes Holdings LLC, expressed opposition to a number of proposed changes.

Barshov claimed that the changes proposed by the Board were targeted against his client, Lost Lakes Holdings LLC, and that the amendments were designed to “obstruct” and “delay.”

“The definition of ‘Land Use Project’ lumps together all types of land use-related approvals from the Town, regardless of whether the approval is ministerial or discretionary,” Barshov said.

“The definition of ‘Consultant Services’ also does not differentiate between ministerial and discretionary approvals. The types and scope of consultant services that are reasonable and appropriate for ministerial approvals, such as building permit application review, or infrastructure installation and other construction inspections, differ very substantially from the types of consultant services that are reasonable and appropriate for discretionary approvals such as rezonings or subdivision approvals.”

Barshov goes on to explain, “By lumping them all together, the Proposed Law unlawfully expands the reasonable and appropriate consultant expenses for ministerial permits and approvals.”

“By creating different standards for different types of projects, as opposed to different types of approvals, the Town Board is enabling Lost Lakes to be singled out for ridiculous consultant services when another single-family home elsewhere in the Town would not require a similar consultant service arrangement or maximum fee proposal,” Barshov said.

The Democrat reached out to Forestburgh Town Supervisor Dan Hogue.

“His claims that the amendments are ‘designed to obstruct and delay’ are false and the proposed local law speaks for itself,” Hogue said. “The proposed law is designed to clearly set parameters and give any developer clear and concise limits of what and how much can be reimbursed, as well as a mechanism to review and question any billing.”

The amendments introduce a series of significant changes to the current law, with the intention to create a ‘uniform system’ for the reimbursement of engineering, planning, legal and stenographic expenses, as well as fees ‘reasonably necessary’ to aid in the review and determination of projects.

Additionally stated in the proposed amendment is that “it is the intention of this chapter [82] that the reasonably necessary costs of such consultants ultimately be paid by those who seek and benefit from such approvals, rather than from the general Town fund.”

Due to the Board’s decision to table the proposed amendment during last weeks meeting in order to discuss the points made by Barshov, some of these proposed changes and rules pertaining to them are subject to change.

Spectrum to stay in town

After months of preparation and discussion, the Forestburgh Town Board unanimously passed the franchise agreement with the internet, cable, and telephone provider Spectrum.

According to Supervisor Dan Hogue, the town is to sign for a 10-year agreement.

“They [Spectrum] wanted a 20-year agreement, we opted for 10 which seems long, but is actually shorter than most,” Hogue said.