Lloyd Councilman Joe Mazzetti pressed town attorney Sean Murphy on the status of a sidewalk that developer Keith Libolt promised to build on the Commercial Extension from the rail trail down to Commercial Avenue. At the time the Planning Board approved his High Bridge apartment project, Libolt said he would build the sidewalk, but has failed to make good on this promise that he made several years ago.

Murphy said last week the town received a letter from Libolt, stating that, “instead of a sidewalk, there was a discussion about getting an easement to the town, from the old Pratt’s driveway up to the rail trail.”

Superintendent Fred Pizzuto was on the Planning Board during the review of the High Bridge project.

“There was a discussion that was had when it went through the Planning Board and we proceeded with that piece of property, we thought there was an easement up that road to the rail trail.” He said when that property was sold, the town was informed there was no easement, it was by a handshake, and the easement didn’t exist. Pizzuto said the town did not get the easement at that time from the owner because of an insurance problem, but he offered no further details on this point. He said more recently there was a discussion about what conditions were attached to Libolt’s approval.

Pizzuto said attorney Murphy will be contacting Libolt’s representative, surveyor Patti Brooks, to discuss the matter. Libolt has been sent an estimate of what the cost would be, at prevailing wage, if the town builds the sidewalk, which he would have to reimburse. Libolt also has the option of building the sidewalk himself as a private contractor, which is expected to cost less. Pizzuto said at the July 21st Town Board meeting they will decide if a deadline will be set to have Libolt complete this work, otherwise the town will do it and bill him later.

Mazzetti directed a question to attorney Murphy.

“I think we have talked about this long enough; he promised to build a sidewalk and it seems like he is trying to wiggle out of it and now he wants to give the easement, which he didn’t want to do before and a right of way,” he said. “Can we take him to court?”

Murphy said the town can commence a court action against this developer, but pointed out that he was not sure that putting in a sidewalk was a required condition and is listed on his signed approved site plan map for his project. In a memo Murphy said Brooks had committed that Libolt would build the sidewalk, but Murphy said he has not seen anything that would make the installation of a sidewalk an enforceable action.

Mazzetti is concerned about the way some development projects like High Bridge unfold in Lloyd.

“These builders come in, they make these promises, then they renege on these promises and it seems like we can’t do anything. So where is the disconnect, where is the ball being dropped? This should be an easy one to figure out. Who should have made sure – is it the Building Department, should it have been our legal representation? Who should have done that?”

There was no response to Mazzetti’s questions but he pointed out that Libolt received a number of significant concessions during his site plan review, especially on the lack of 2nd story balconies and also not having to provide two units of affordable housing in his project, which is a violation of the town code.

“There were a lot of things loosey-goosey on this and a lot of things let go on the project,” Mazzetti said.

The Town Board has been dealing with Libolt for months on this relatively small matter and is it still unclear when or how the board will resolve it.