At the August 4 Lloyd Town Board meeting developer Keith Libolt and his representative, surveyor Patti Brooks, were questioned about a sidewalk that Libolt had promised to construct several years ago on the Commercial Avenue Extension from the rail trail down to Commercial Avenue, a distance of approximately 250 feet.

Town attorney Sean Murphy said Libolt wants to grant an easement to the town that would allow public access through his property and into the hamlet instead of building the sidewalk. In addition, he wants the town to contribute up to half of the funds needed for inspections and maintenance and to refund $47,500 in recreation fees that he paid the town when he built his High Bridge apartment complex.

Councilman Joe Mazzetti addressed Libolt directly, saying, “It is really a shame that it has come to this. I really feel that you came to our town [and] you promised all this goodness and you gave us none. You promised us the sidewalk and didn’t want us [public] to come in through your property and said you would build the sidewalk. We kept asking for the sidewalk to happen and it didn’t happen.”

Mazzetti pointed out that during the construction of his apartment complex the town was lenient on a number of issues.

“We didn’t have you put your balconies on and the cantilevers and we made a lot of exceptions for you. Do the right thing and stand by your word and build your sidewalk that you promised,” Mazzetti said. “The reason the balconies didn’t go up is because the cantilevers weren’t installed and if the cantilevers were installed in order for you to put the balconies up, you had to move the roof line or move something to do it, which I find kind of hard to believe of a person in the trade, as this is not the first apartment building that you’ve built. How was that overlooked [and] I kind of wonder how our Building Department overlooked it.” When Councilwoman Claire Winslow kept insisting that balconies are not required, Mazzetti pointed out that they were part of Libolt’s building plans.

Libolt said he understood through Brooks that the sidewalk project on the Commercial Avenue Extension did not move forward for more than a year because no one gave him clearance to proceed. He said he met with the town several times and was asked to build a sidewalk at two addresses, which he agreed to do. He priced it out at about $5,000.

Mazzetti questioned $5,000 as an exceedingly low figure, with Libolt saying this was part of a much larger sidewalk grant for the town.

“You were never part of the grant,” Mazzetti said. “You were told you were going to build a sidewalk and next thing we know somehow you tried to get in on the grant. The grant costs the taxpayers money because if we used the grant to build the sidewalk that you promised to build, that means the town gets less sidewalk somewhere else...It was never told to us that the condition was if a [proposed nearby] daycare was built then you would build the sidewalk.”

Mazzetti told Libolt that he favors taking legal action against him, “and let’s see what happens because this is really ridiculous.”

Councilman Lenny Auchmoody suggested the Town Board consider other options before commencing any legal action.

“When you started the [High Bridge] project I was the one person that was on your side,” he told Libolt. “You were taking a building and bringing it back up to a standard and make something that when people walk by on the rail trail everybody would appreciate.”

Auchmoody did not mention that when Libolt built his complex he was supposed to be operating under the Adaptive Use section of the code and was to rework a majority of the original older building into his new design. Instead, the entire older building was torn down, save for a handful of beams, and a completely new structure was erected in its place, while assurances had been given to the Planning Board that much of the older building would be re-used. Additionally, upon approval, the town failed to require Libolt to provide two of his apartments as affordable units, which is required in the town code.

Auchmoody said Libolt would not have any liability issues because the rail trail is part of the New York Empire State Trail system.

Libolt said he is only asking the town to contribute financially in order to maintain the areas along the easement. He contends that he is, “stepping up and being reasonable,” but told the board that what was shown to him about the Commercial Avenue Extension sidewalk is not in line with what Councilman Mazzetti described. Libolt, however, made no mention of exactly what he was shown and who showed it to him.

Mazzetti believes Libolt knows what it takes to build a sidewalk.

“You can’t just build a homeowner type sidewalk, but you have to build it up to state code, so you know darn well that you can’t build it for $5,000,” he said. “We got a price at state bid for $60,000 and it was told to us that you could do it for half that much, which would be approximately $28,000 to $30,000.”

Mazzetti said Libolt should not even be asking taxpayers to contribute anything because, “it is something that you should do.”

Patti Brooks said Libolt has contributed to the community and not just taken from it. He previously paid $15,086 in escrow fees during site plan review, $10,675 for building permits and $47,500 in recreation fees. Brooks said prior to development, $4,200 was paid in school and town taxes and today Libolt pays $70,016 annually for these taxes.

“To say he has not brought a benefit to this community is ludicrous,” she said, adding that if the town had not rescinded the Adaptive Reuse regulations, Libolt would have bought and replaced the decaying buildings just across the rail trail with a similar one to High Bridge.

Mazzetti pointed out that the building and recreation fees that Brooks quoted are paid by all developers.

“I think it is kind of disingenuous that you’re saying that this developer didn’t know or that you didn’t do your due diligence to inform him to know; you’re insinuating that he wouldn’t have paid the $47,500” he said.

After criticizing Mazzetti for interrupting Brooks, Winslow cut short Mazzetti, saying that he,“is going to go on and on because that’s what he does. He likes to grandstand.” She favors a right of way down the driveway and the town paying a flat annual rate for maintenance but Libolt would pay for any serious calamity. At the time the High Bridge site plan was under review, Winslow was against an easement and instead wanted Libolt to install the sidewalk. Today, she claims a sidewalk does not make sense because people are walking down through Libolt’s property.

Libolt said he would put the $47,500 that he paid in recreation fees into an account to cover inspection and maintenance fees. Mazzetti called the entire conversation “bizarre,” pointing out that the town presently has no liability to take care of the short bridge at the entrance of the High Bridge property or for any costs for inspections.

The board approved a motion to table this matter until their August 18 meeting to allow time for internal discussions and to confer with their town attorney. Councilman Mazzetti was the sole no vote on the motion.