Montgomery considers moratorium while searching for water

By Jared Castañeda
Posted 10/18/23

Unable to develop a much-needed new source of municipal water the Village of Montgomery is contemplating a three-month building moratorium in response to the situation.

Drafted by Village …

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Montgomery considers moratorium while searching for water

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Unable to develop a much-needed new source of municipal water the Village of Montgomery is contemplating a three-month building moratorium in response to the situation.

Drafted by Village Attorney William Frank, this moratorium will suspend and prohibit all land development in the Village of Montgomery, giving the board time to establish a plan for its water supply.

“What we’re doing tonight, should the Board be so inclined, is to set a public hearing for enacting a local law that would institute an initial three -month moratorium on development and approvals based on the village’s water situation,” Frank explained. “I’ve drafted a local law which can now provide it to the Board. The term, as we said, would be three months in the commitment with potential to extend it for additional periods. Within the law, there are specific exemptions, certain properties that projects that have already received an act, or they’ve already received approval.” During these three months, the board will not accept or approve any permits for construction or land use, and the planning board will not accept, review or approve any applications. The only exceptions would be projects that have already received a negative declaration and/or final approval prior to the law’s authorization.

“Will has drafted up a language for a three-month moratorium, which we plan to hopefully start. We know we’re in a bit of a water situation,” Mayor Steve Brescia explained. “We have correspondence from the health department, and I think that starts the ball rolling.”

While the moratorium is in effect, the board seeks to collaborate with a hydrogeologist, obtain approval from the DEC for the village’s newly drilled well, and expand its sewage treatment plant. These will be efforts to ensure the stability of the village’s water supply and the health of residents and local businesses.

“We are, in the short-term, looking for approval from the DEC on the well that we just drilled…there are long-term plans and short-term plans, and we can always extend this after three months,” Brescia said. “We’re going to bring a hydrogeologist in and look at the potentials like any other builders when they need water or when they need sewage. We’re looking at expanding the sewage treatment plant with or without the time on the cover.”

Allen Baby, a longtime village resident, recalled past efforts to locate find a location for a new well when the village had a water and sewer board.

“Even down into the park property, you’ll see the old well heads,” he said, referring to test well drilling that did not yield enough water.

But you were here. You were here when that board existed. You were mayor. So you should be well aware of the facts. Whether you choose to remember or ignore them. But right now, we have a water issue and you know that,” Baby continued, adding that the mayor will be “running out the door shortly,” a reference to Brescia’s candidacy for Town of Montgomery Supervisor.

The mayor responded that the village will continue to look for water.

“They even bore holes at the Orange County Airport,” Brescia said. “ So there is potential.”

Don Berger, a local resident, argued that three months for a moratorium would be too short and stressful given that the board will undergo major changes in the upcoming village election. He suggested that the board extend the moratorium to a year and rewrite it with sharper language.

“If a three-month moratorium is putting a huge burden on a new board with only three members, and for them to make those decisions right after you leave is a real burden on them…what I’m suggesting is that you extend the moratorium out. I would suggest a year to get through next summer with the moratorium because we don’t know what next summer’s going to be like,” Berger said.

The board agreed to schedule a public hearing on the proposed moratorium for November 14 at 7:15 p.m. That meeting was moved from November 7 because of Election Day.