The Westchester County town of Cortlandt has a proposal to end a decades-long battle with homeowners over Wallace Pond, but whether those homeowners will accept the deal is another question.
The disagreement stems over the town’s sale of the pond’s failing dam structure to a homeowners association in the mid-1980s, according to Lohud. The dam needs an estimated $4 million in repairs, which the association says it can’t afford.
In 1984, the homeowners association closed a deal with the town to buy what it thought was two parcels and the pond itself. Years later the association discovered it was handed the dam instead.
Town Attorney Tom Wood, who himself drew up the deed for the sale way back when, said the town “inadvertently” divided up the parcel. He added there was no “deliberate intent” to knowingly sell a failing dam to the homeowners association.
Wallace Pond homeowners allege the town, which found out about the needed repairs just a year prior to the sale, sold them the dam so they wouldn’t have to pay to maintain it.
“I think it was deceitful,” said attorney Dan Pagano, who is representing some homeowners. “The town knew of the problem and they sold it to the homeowners without telling them.”
Town officials now want to fund repairs to the dam by taxing homeowners through the creation of a park district of about 100 homes around the pond.
Those homeowners would have to pay the town back for a $3 million bond for repairs. The town would throw in $1 million and pay 18 percent of the annual debt service.
Homeowners don’t appear receptive to the proposal. Pagano said that the town is trying to “con the homeowners” into paying to repair the dam when the town should take responsibility.
“The town thinks it can convince these people to vote to tax themselves,” he said.
[Lohud] — Dennis Lynch