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Lysander may face lawsuit

— Lysander officials may have to make a decision on the Transfer of Development Rights program whether ready or not.

During the Monday, May 14, town board meeting, Warren Abbott, owner of Abbott Farms on Route 370, said he is considering suing the town over a grant awarded to Lysander in 2006 that was supposed to jumpstart the TDR program and be used to purchase 75 percent of the development rights from a major portion of his property. In exchange, the land would remain forever farmland.

“I have consulted a lawyer,” he said adding the town solicited him to be part of TDR eight years ago and since then he has invested time and his own money into the program.

After giving a presentation regarding his involvement with the TDR program, which has been in development for eight years, Abbott asked officials why they haven’t accepted the grant from the New York State Department of Agriculture and Markets.

Officials said they were looking into the specifics of the program, and hadn’t ruled out any course of action. Councilor Andy Reeves also said the grant application was incomplete, a point that Abbott contested. Both referenced David Behm of NYS Dept. of Agriculture and Marketing (Messenger calls to Behm have not been returned) regarding the grant’s state of completion.

“Dave Behm is a state employee, not a Lysander resident,” said Supervisor John Salisbury. “He thinks it’s a great idea because it is the first in the state, but he’s not paying the bills.”

Salisbury added he was concerned about increased housing on the Cold Springs Peninsula because the infrastructure could not handle it and the residents would have to pay for expensive sewer systems should the existing ones fail.

Officials also discussed a stipulation in current TDR law that states the town will have to pay Abbott Farms approximately $142,000 should the development rights in the TDR bank not sell (this would cover the remaining 25 percent value of development rights from Abbott Farms). However, Abbott said he would be in favor of eliminating that portion of the law to ease officials’ concerns.

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Comments

Romans1219 1 year, 11 months ago

"In a lawsuit the first to speak seems right, until someone comes forward and cross-examines." Proverbs 18:17

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