By BARBARA LIVINGSTON NACKMAN
THE JOURNAL NEWS
(Original publication: June 28, 2005)

CARMEL — With Carmel officials refusing to back down, New York City officials have filed a lawsuit seeking to overturn the town's determination that a long-planned park near the Croton Reservoir won't disturb the environment.

In papers filed late Friday in state Supreme Court in Carmel, the city Department of Environmental Protection said the town has not explained how it would deal with environmental effects of building ball fields on nearly 20 acres of a 37-acre site off Seminary Hill Road.

The city agency said that although the town has studied park plans for years and made design changes, it did not follow up with specific information on remediation for storm-water run-off and traffic congestion.

"The issue is, we have been raising concerns, but these haven't been addressed," DEP spokesman Ian Michaels said yesterday. "Typically, you make that available for public review and then issue a declaration. That was not done in this case."

The land falls within the Croton Watershed, which supplies water to nearly 9 million residents in New York City, most of Westchester and parts of Putnam.

Town officials contend they have involved the city agency and the public throughout the planning process. They refused the city's request made in a June 10 letter that they rescind a May 25 vote in which the Town Board said the park would have no ill effect on the environment.

"It is a sad day for the residents of the hamlet of Carmel that they can't have their park," Deputy Supervisor Kevin Hennelly said.

By yesterday, the town had not been served with legal papers.

Town residents opposed to the park applauded the city for challenging the town's decision.

"I don't think the town should be able to do anything they want. They didn't do it aboveboard," said 45-year resident Maryan Bills, who lives a few houses away from the proposed park in a house that has been in her family for 90 years.

"I realize they want a park here for nearby residents, but this thing is getting ridiculous with plans for an amphitheater, lights and a snack bar."

The town wants to build three ball fields at the park as the first phase of the project.

The Carmel Sports Association supported the park since the land was donated by developer Paul Camarda in 1999. The group says its sports teams must use fields at Carmel public schools and those of their opponents.

"It seems like these fields have been talked about forever. At every turn, something pops up. Now that this lawsuit has been slapped on the town, I don't know when we will see something," said Michael Berg, commissioner of baseball for the Carmel Sports Association, which has about 450 boys and girls registered to play baseball, softball and Little League.

The city has received support from James Tierney, watershed inspector general for state Attorney General Eliot Spitzer.

"This one sent up a red flag as an unusual situation," Tierney said. "It is a large development in a sensitive area without an environmental impact statement prepared.

"The park would clear nearly 20 acres of forest, and in doing so disturb large amounts of earth and get into wetland buffer areas and streams.

"Given its size and location, it is a type of project that our office would generally like to see a full environmental statement."

He said he hoped the city and town would come to an agreement without litigation.

"We have told New York City that if a lawsuit proceeds, the state of New York would file a friend-of-the-court brief on behalf of the city's position," Tierney said.