LIBERTY – As the Liberty Town Board prepares a local law resolution regarding the Lake Hills Estate Planned Unit Development (PUD) project, Supervisor Frank DeMayo asked his fellow board members if they had any conditions they have for the Town’s legal council, Ken Klein, to add to the anticipated local legislation draft.

The resolution, if passed, would allow the project located between Kelly Bridge Road and State Route 55, which encompasses roughly 80 acres of land and borders Swan Lake, to move forward before the Town Planning Board.

The developer is seeking a PUD which would allow up to 180 private homes to be built on the property, as well as a number of public buildings which would include retail stores. 

As his stipulation, Town Board member Brian McPhillips requested to have Klein draft into the resolution the chance to have the town have an in-depth analysis of the language in the zoning code that relates to PUDs. That language can be found in the town Code section 147-23.

“I think it’s going to be used in a way that is going to benefit some and hurt many, so I am afraid of it being used in ways that was not intended when the original PUD came out [in 1987],” McPhillips said.

Klein noted that should the Town Board seek to change the language following their analysis, a local law would be required to alter the current zoning.

One specific concern that was brought up by project dissenters was the language involving a monetary incentive of $2,500 per unit towards the town’s Parks and Recreation Committee from the applicant if additional open space at a certain percentage of acreage is left undeveloped within the property.

Public commenters noted their thoughts on the monetary incentive aspect, as well as their concerns over potential traffic and the enviromental impacts.

“Money will come. We will make it come if we need to — but open-ended development to people who do not live here is wrong and unfair to the people who chose to live here every day and make this our home,” Kelly Bridge Road resident Erin Smith said.

DeMayo noted that in order to reach the 180-units that the developer is pushing for, it would equate to roughly $300,000 dollars — he went on to say that this option is “not really even on the table.”

DeMayo explained that, in addition to his feelings that any extra units would not be worth enough money, that’s not even why the town would consider the project in the first place. He said that the money would not “make or break the town.” 

In addition to agreeing with McPhillips’ language review request, DeMayo noted a few conditions he wished to impart himself — including a visual analysis of the project be completed, a preview of the designs of the styles of the possible homes that would be built on the property, a traffic study and other SEQR (State Environmental Quality Review) requirements be included in the resolution.

According to DeMayo, the applicant came before the Town Board on May 7 after the joint Town and Planning Board meeting and requested the timeline begin then. However, it was waived after the town requested more time to investigate the PUD. DeMayo said that now that the research has been done, the application has been determined to be complete.

A letter from Lake Hills Estate’s legal attorney has since requested that the timeline for the process began at the end of the previous meeting, to which DeMayo noted he had no objections — allowing 45 days to either pass or deny the resolution and ultimately, the project. This sets the end date to be around October 10.

“We can’t keep kicking the rock down the road,” DeMayo later told the Democrat.

No decision on the PUD was made on Monday evening. DeMayo said that the project has a long way to go in its current process, with many changes and alterations expected along the way.

“Let’s follow the law and the facts, and the facts dictate this is what we need to do,” DeMayo said. “But by no means does this mean the project is approved.”