DEP Environmental Protection Invoices, 1999-2001

NYC 9/11 Public Portal Document

Speyer Property

84 Acre Parcel in Town of North Salem - near Titicus Reservoir The issue is an access easement, and the exchange of older easements for a newer one that is more appropriate to the existing parcel subdivisions.

Previously there was a single parcel of land for which the City granted an access easement. This parcel was subsequently subdivided into two parcels, one owned by PII and one owned by his neighbor S_._._._.PII._._._ ; The old City easement lies on the l .-.-.-.-.-._ parcel owned by ^i jj'.7. PII - previously used the old City easement which crossed the lands of his neighbor, but there is now a dispute with the neighbor involving use of the easement. Litigation involving the older easement had been ongoing between[_._ PII end _

the neighbor when P -----approached the City for his own easement which would avoid the neighbor's property in March of 1997. Negotiations witlt._._Pii-_-;,and several lawyers representing him then ensued. A number of proposals and counter-proposals were discussed with DEP's objective being to protect the water supply. In addition, several legal instruments were drafted and extensively negotiated.

Administrative Code permits granting new easement in exchange upon determination by the Mayor that the property rights to be acquired by the City are of equal or greater valve than the property rights to be surrendered. This determination will be a condition of the exchange and will be based on appraisals. Also, since the easement involves water supply property, its disposition requires Water Board approval. -- Irt exchange for a new City easement which would avoid the neighbors property,;.--PII - i would surrender 2 older easements crossing City lands, He agreed that he restrict development on his 84 acres to a maximum of 6 single family homes and at no time would more than 35% of the property be improved by construction of surfaces impervious to water penetration.

DEP supports the exchange since it will not interfere with the City's water supply and because it would limit development on the 'C .Pii-_.;property that would otherwise be allowed by State and local law and under the City's watershed regulations.

9/14/99 memo from Mark Hoffer to the Water Board requesting transfer

9/24/99 the Water Board approved the easement exchange, but with a proviso which states that in addition to limiting future development to a maximum of 6 single family homes and no more than 35% impervious surfaces, "nor shall its natural vegetative state be otherwise altered or disturbed." The intent of this provision was to limit runoff of pesticides and other contaminants into the water supply,

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NYC-WTC 000137751