Despite concerns over the availability of water, the Montgomery Village Board has given its approval to a proposed townhouse project on Factory Street.

Attorney Taylor Palmer, representing Pathway Place Management LLC, appeared before the village board last week to seek a resolution of approval of a proposal to develop six townhouse units at 13 Factory Street. The project has already been presented to the planning board, which granted a preliminary approval and issued a negative environmental impact declaration at its July meeting.

“In accordance with the village code, we are now required to come to the village board to request your approval because it contains more than four dwelling units. Just a little synopsis of the project. This project started in August of 2019 with 22 units proposed adjacent to the existing apartments there at Pathway Place. As of last month, our approval goal was for a six-unit townhouse style complex,” he explained. “So that’s what we’re here to gather approval from the board. I have copies of the plans if anybody really wants to see them.”

Attorney Joseph McKay had prepared a resolution for the village board to adopt, but Village Trustee Mike Hembury said he planned to vote no.

“I voted against the railroad airbnb property,” Hembury said. “There’s a couple of reasons, but one of them was I don’t believe you have the water and the sewer support this. And I believe we still don’t.”

Mayor Steve Brescia said water and sewer was a separate issue.

“I mean, we’re looking into doing a water moratorium in the very near future,” he said.

Attorney McKay said no moratorium would prevent the village board from taking action on this proposal.

“It’s true that whatever does get approved will need to hook up,” he said. “ But that’s a separate system. It may be a delay until they’re available.”

Hembury suggested the applicant come back when water and sewer extensions were available.

“I understand your question,” McKay said. “but again, there’s no moratorium on processing applications. No moratorium on approvals.”

Planning Board Chairman Kevin Conner had other issues. He wasn’t sure why Village Board approval was needed in the first place.

“For the record, I do not agree with this procedure at all. I think that the village board has made it clear when they appointed people on the planning board to take care of these issues that we do, and we do due diligence on it, and we vote on it,” Conero said. “And usually it’s unanimous. And I think that this extra step was put into the zoning law for some reason. We don’t know why, but our legal team is telling us it has to come before you guys.”

Conner said the only reason it had been brought to the village board was because the project was larger than four units.

“It triggers six units to come to you guys,” the planning board chairman said. “So the way I look at it is you should rely on the planning board and that they did their due diligence and vote yes for the project.”

Village Attorney Will Frank reminded the board that no building permits or Certificates of Occupancy will be issued until the water and sewer connection is available.

“This is six residential units.” Frank said. “If it was a huge water draw, that would be more of an immediate concern right now. You’ve got a subdivision. This is just a subdivision approval for six units that haven’t been built yet. The village, of course, is going through the process of getting more water sources. It’s going to take some time, but here, as you know, a CO can’t issue if there’s no water. So that’s really going to be the stopgap.”

The resolution was adopted, with Brescia, Deputy Mayor Darlene Andolsek and Trustee Randi Picarello voting yes, with Hembury casting the lone opposing vote. Trustee Walt Lindner was absent.