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Developer's offer to donate altered floodplain lot rejected by Goshen town board
Summary
After a developer proposed raising two Gumwood Drive lots out of the floodplain and donating the adjacent Lot 10 to the town, Goshen's board voted 5'0to'00 against accepting Lot 10, citing maintenance and liability concerns raised by residents and board members.
The Goshen Town Board voted on June 25 not to accept ownership of Lot 10 in the Arcadia Hills subdivision after a developer proposed grading Lot 10 to supply fill for raising adjacent Lots 6 and 8 out of the floodplain.
Charlie Bizlo, attorney for Harness Estates, told the board his client would raise the two building lots by about 1'2 feet and use soil from Lot 10 to balance fill. He said the grading would be modest and that the developer would be willing to donate Lot 10 to the town after grading. "We think it would be consistent with what else is already owned by the town out there," Bizlo said, arguing the town would be a better steward than leaving the parcel with a single homeowner.
Resident and ERP/ZBA member Chris Healey pressed the board to decline the offer, citing maintenance obligations and possible liability if the town assumed the parcel. "As a taxpayer, I received no benefit from the town assuming ownership of this property. Only a bill for maintenance and the liability of owning the property," Healey said. He recommended merging Lot 10 with Lot 8 and selling it with the attached drainage area and maintenance responsibility to the new homeowner.
Board members discussed alternatives, including a deed restriction requiring maintenance or merging the lot with an adjacent parcel if the town declines. Planning board conditions had required the applicant to specify the lot'disposition plan and included a requirement that if the town declines to accept Lot 10 the applicant must merge it with a buildable lot and place a deed restriction on the merged parcel.
When the town board took the vote, members recorded five "no" votes and the motion to accept the lot failed.
Why it matters: accepting a modified floodplain parcel would create a long-term maintenance obligation and potential liability for the town; declining the donation shifts responsibility to the developer and future property owner and preserves the town's fiscal exposure.
What's next: the developer may merge Lot 10 with a neighboring lot and record deed restrictions as required by the planning-board conditions; any subsequent zoning or permit actions will proceed through the usual public-review channels.
