Millwood Firehouse Controversy

**CG206** · November 17, 2003

Land owner raises alarm over firehouse

By ELIZABETH GANGA

THE JOURNAL NEWS

(Original publication: December 28, 2003)

MILLWOOD â€” When the Millwood Fire District decided the best place for a new firehouse to meet its growing needs was at the site of Millwood Supply, it had hoped quiet negotiations could seal a deal for the land.

But in the month or so since district officials first approached owner Leo Rotta, the talks have grown into a pitched battle over the possibility of the district seizing the land through eminent domain if Rotta doesn't sell voluntarily.

The two sides are struggling for the public's allegiance. Rotta has hired a public relations firm and took out a full-page ad in The Journal News on Dec. 21 blaring "Sound the Alarm." He is accusing the fire district of misusing eminent domain.

But the district and others are saying Rotta is misleading the public when he implies in the ad that the fire district could buy land across the street from Millwood Supply and build there or on one of many other nearby sites.

Not so, said Louis Russo of Prudence Management, who formerly was the management agent for both the Millwood Supply property and the property across the street, which holds Hudson Valley Motorcycle Sales. Both parcels were put up for sale when they were under receivership several years ago. Rotta and his nephew inherited the properties jointly, then split them in the late 1990s after a legal battle, Russo said.

"There was never any offer of the property for sale once the present owner, Millwood Realty, took ownership," he said, referring to the company owned by Rotta's nephew.

A sign saying the property was for sale â€” pictured in Rotta's ad â€” was left up as a way to solicit tenants, Russo said. It was taken down recently.

Rotta said he believed the land was for sale based on the sign and had no other information despite his own contentious history with the property.

Rotta is not convinced a new firehouse, estimated to cost around $2.7 million, is even necessary but can list several other sites he thinks the fire commissioners should consider.

Mark Blitstein, a spokesman for the fire district commissioners, said that after a close look at all the other potential sites, Rotta's land was found to be the one that would work for the firehouse both physically and economically.

The choices were limited by the need to be in the center of the district â€” which serves the western half of New Castle â€” on a main road and not in a residential area. The new firehouse also could not be near the watershed or on a site limited by rock outcroppings. Also, the fewer tenants that would have to be moved, the better for the district's taxpayers, Blitstein said.

"If we don't acquire his property, we're going to have to acquire somebody else's property," said Blitstein, who is volunteering his services as spokesman for the district commissioners.

Rotta called the district's threat to seize his property "evil" and said he will fight it to the end. He said his income will shrink if he loses his land, even at a fair price. And fighting for a higher price will require him to pay lawyers.

"They can do it," Rotta said. "Just don't touch my property."

The Rotta family ran Millwood Supply, which dates back to the 1890s, from the 1930s through the 1970s, when it began leasing the name of the business and the property. There is also a house on the lumberyard parcel that is leased to a tenant.

The current firehouse will not be able to fit the next generation of firetrucks and has no place for the equipment needed to respond to new threats, Blitstein said. For instance, Seven Bridges Middle School is too large for the department's 50-foot ladder truck to effectively fight a large fire there.

"It won't reach far enough, but it's the largest aerial we can actually fit in our firehouse," he said. Larger trucks from other departments would have to be called in for a major fire.

Fire officials began talking about the need for a new firehouse around 1990, Blitstein said. But in the past few years, the need for a new house became acute, and a serious search for land began.

New Castle Town Supervisor Marion Sinek said she was also upset that Rotta's ad asked residents to contact her office to protest the fire district's use of eminent domain.

"I really was distressed by seeing this ad that talks about the supervisor's office when the supervisor's office is not responsible," she said.

**1075thebox** · December 19, 2003

First of all, the Millwood FD is a group of good guys, and this is very shocking to me.

I can't understand what the reason is to take someone's land to build your firehouse, especially with other land available in the area.

This is not a good way to go about doing this, and I hope they come to their senses soon, or the public is going to view them as a bunch of power-hungry bafoons.

**x635** · November 15, 2003

I wonder if there is more too this story than the media is reporting, and could Millwood build a new firehouse on the current site?

**chris498** · November 17, 2003

I tried to post earlier and it got lost in the problems, but I tend to agree with what other forum members are saying. First, I think that Millwood FD deserves a new firehouse, their fire house is close to 75 years old, however I am oppossed to moving commercial areas out of a community. Which leads me to ask, is there still a working business on the property? This might sway my feelings.... but I thik that siezing land is not the best way to go about this..... Additionally I agree that the last time I looked, there seemed to be a great deal of vacant land in and around Millwood. I am all for supporting of nw facilities for companies that need them , and as I stated, I do believe that Millwood needs and deserves a new more modern fire headquarters, I just feel that if this is true (the full story) I think that this is the wrong way to go about it..... tear down the old firehouse and build there maybe..... I would be cautious of the Reporter Distorter though.......

**mikeinet** · November 18, 2003

There is property around in millwood... but not many that is viable for a firehouse. The places that are availiable have issues with rock drilling... physical location... safety... plot size...

There's no doubt a building can be replaced on it's same property/current plot... but the plot of land does not allow for the house to be greatly expanded, let alone to note anyone familar with the area knows the firehouse is on an extremly dangerous turn.

To my knowledge, the way this was brought up with the owner was that the district would *buy* the land from the owner of the plot... but if a deal was not viable, then eminent domain would have to be used... not a "we own you, give it to us" from the start. This guy then turned and pulled an ad in the journal news which LOVES to throw mud (we need to look back on the mud that was thrown at Greeley during the stripper party a few years ago?) saying the district was going to take away the land that his family came from a foreign country to have... common.

It's sad that this is the way our society is towards emergency services...

Im happy this finally got onto the boards though... curious to see where everyone else is thinking about this. There's another origional article that was posted too. I'll try to post it if I find it.

**mikeinet** · November 18, 2003

Note: this is the origional article in the Journal News

Man fights for his family's legacy in Millwood

By THE JOURNAL NEWS

THE JOURNAL NEWS

(Original publication: December 10, 2003)

MILLWOOD â€” Leo Rotta spent his youth loading coal and lumber onto truck beds in the 1940s and '50s. As a member of the family-owned business, Millwood Supply, Rotta didn't have much of a choice.

The supply company that has operated from this hamlet since the 1890s, was bought by Rotta's father, Bernardo, and his aunts and uncles in 1932, and is considered the oldest, continuous lumberyard in Westchester.

But not all of Rotta's growing years were dedicated to manual labor.

"We used to have great baseball games and picnics here," he said, pointing to a corner of the 2-acre property at 87 Millwood Road. "I also had the job of bringing water to the chicken house and tending to the asparagus plants. I spent all my spare time at the yard."

Such fond memories, Rotta said, are what is driving him to take a stand.

In recent weeks, the Millwood Fire District informed Rotta that it intends to seize his land by eminent domain to make way for a new firehouse. Eminent domain is used by government agencies to condemn private property for public projects or to maintain public safety. Under eminent domain, property owners receive fair compensation for their land.

Faced with little recourse, Rotta said he will still do what he can to fight for his family's legacy, particularly since he believes there are other viable properties in the area for the fire district to purchase. The Rotta family stopped operating Millwood Supply in the 1970s and has since leased the name of the business and the property.

"The only thing I can do is call public attention to this and show how misguided and politically driven this is," said Rotta, 66, of Eastchester. "I'm the loser and the taxpayer will also lose because in my estimation, we don't need a new firehouse."

Some residents are sympathetic to Rotta's situation, claiming that a new firehouse is not necessary.

"Let the fire district stay where they are," said Bill Gordon, an airline pilot who lives at 128 Millwood Road. "If they wanted a firehouse, then I wouldn't mind. But what they want is a clubhouse and a meeting hall for the Millwood Task Force. I really don't think a new firehouse is for the benefit of the residents."

Gordon said he fears that if the fire district is allowed to take over the Millwood Supply property, then it will set the stage for future condemnation proceedings.

"If they get eminent domain there, they can claim eminent domain on any property in the town," said Gordon. "It's Rotta's land. He's entitled to do what he wants with it. He should be protected by the government."

The Millwood Firehouse No. 1 is at the intersection of routes 120 and 133, a few hundreds yards up the street from Millwood Supply. Fire officials said they have been searching for more than a decade for a location for their new headquarters, claiming that its present facility, built in 1924, is too cramped and unsafe.

The fire district looked at 12 other properties that wound up hindered by various obstacles, including Con Edison and New York City watershed restrictions and rock outcroppings impossible to blast, said Mark Blitstein, a Millwood volunteer firefighter and spokesman for the Board of Fire Commissioners.

In 1998, the fire district considered condemning a Schuman Road property occupied by Hudson Canyon Construction. After months of litigation, the district and the property owner settled out of court, leaving the fire district to explore other options. Terms of the settlement were not disclosed and company owner T.J. Muldoon would not comment yesterday.

The failure to acquire the Hudson Canyon Construction property, however, has not deterred fire officials from attempting eminent domain proceedings a second time.

"The firehouse must be in a central area," said Blitstein. "The only site that fits the bill was Millwood Supply."

But Rotta argues that the property across the street from the lumberyard is for sale and would more than serve the fire district's needs. Blitstein, however, said they do not need a 3.7-acre plot of land and would have to pay a high price for it.

"There are a lot of ways they could massage that area that would be economical and not impact businesses," contended Rotta. "Use 50 percent of it and sell the unused portion."

Preliminary plans for the fire station call for a 16,000-square-foot facility that would accommodate a training room, six firetrucks and will also serve as a shelter site for residents during emergencies, said Blitstein. Specifics on the cost of the new firehouse have not been unveiled, but Blitstein said it will likely be comparable to a $2.7 million fire headquarters being built in Ossining.

Mark Tulis, the attorney representing the Millwood Fire District and a former New Castle supervisor, said that before eminent domain proceedings commence, they are looking for suitable relocation sites for a tenant that lives in a house on the lumberyard property and for the business itself.

Since 2000, Fred Cohen has leased the store and run Millwood Supply. Cohen refused to comment as did the couple who live in the house.

Tulis said that an appraisal of the property has been made, but declined to disclose the estimate. Rotta said he is spending upward of $12,000 to get his own appraisal of the property and did not yet have an estimate.

"I would love to get this done in a friendly manner and negotiate a price with Mr. Rotta," said Tulis. "He can throw up procedural roadblocks but as long as the fire district follows the law, he'll have a difficult time blocking the process."

With the future of his property uncertain, Rotta said one thing is clear.

"I'm keeping the name, Millwood Supply," he said. "That is not for sale."

2024-11-21T21:09:41Z

Some other issues/concerns with this:

A lot of the land that we see in the millwood district as "open" is actually owned by con ed, including an area in the rear of their current firehouse.

For any one that has been to MFD Sta. 1, you have seen the opening through their parking lot that leads to residences in the rear of the property. This "causeway" lets out on the other end at rt. 100 i believe.

2024-11-21T21:09:41Z

From what I understand here are the problems that exist with the current site:

Entrance for members to respond and park is directly through a commercial lot (small one at that) for several local businesses (very dangerous for responders AND public)

MFD doesn't actually own all the property you see. The back yard that is about 25% of the parcel is actually owned by ConEd.

There is a right-of-way for local homeowners directly through MFD's actual parking lot I was at a stand by once getting something out of my car when a local teenager drove through MFD's lot at 45 mph to get to residence... Not safe.

Current building has exceeded it's life expectancy as wood framed commercial structure.

There are a million other things that I could point out in the several years that I have been a friend of the MFD. But here is what I see.

Should someone's land be taken? I don't know.

Is there somewhere else in the proper location that the FD can build... It doesn't appear so as the for-sale signs next door were only to get potential tennants for the property and have been removed.

Is the land as-is for the MFD ok to build on.... Well Moses parted the Red Sea, but to build a bigger building that can fit new apparatus, storage, meeting room (which is used by the community, not just as a clubhouse) and improve the safety significantly for the members and the public by having safer access and parking as well as getting the building positioned so that a 34 ft truck doesn't have to pull out onto a 36ft wide road on a blind corner.... well I think MFD needs more than Moses to get that building on that property.

The MFD is getting a bad public rap for this. It's just another public project just like a road getting widened or power lines or pipe lines.. etc.... Volunteer Fire Departments used to be the most respected organization in the community... Now we're hardly even noticed.

We've been calling the MFD all over Westchester County for decades and just because they are small no one gives these guys credit. They had one of the first tankers/enclosed cabs in the county on their 50's Mack, one of the First two or three Cascades (if there was a fire MFD was there) either the first or second F.A.S.T. team ..the first CAFS rig... More Foam capability than anyone but the airport... etc etc...These guys are constantly coming up with better ways of doing it and no one gives them credit when the big departments come up to speed on the same things. Now they need to come up with a new building and the community (both Fire and their town) are killing them. All they want to do is grow like other departments did years ago.

Give them a break on this they aren't just a no-body department. They are always one of my top choices for Mutual Aid.

If anyone knows of decent property for them to buy let them know and don't be so fast to judge on what the Communist (I mean Journal) News says.

**Remember585** · November 16, 2003

Amen! Millwood has always been one of our Mutual Aid units, and us one of theirs. We're both smaller Departments, and we both have the same issues. Millwood FD is a great group of guys, with a rich history of being "pioneers" in many different Fire Service upgrades.

As for the Journal News, they are like most other publications, fabricating stories from only ONE SIDE of the fence. I'm sure that the Millwood FD could step up and speak their opinions and openly attack the media, but that isn't their style.

Don't believe what the press says all the time. If you did, you would go insane with fears and phobeas!!!!

2024-11-21T21:09:41Z

This is the latest from the journal news regarding the Millwood fire district and the issue of the 'new' fire house from 12/28/03

http://www.thejournalnews.com/newsroom/122...28millwood.html

Land owner raises alarm over firehouse

By ELIZABETH GANGA

THE JOURNAL NEWS

(Original publication: December 28, 2003)

MILLWOOD — When the Millwood Fire District decided the best place for a new firehouse to meet its growing needs was at the site of Millwood Supply, it had hoped quiet negotiations could seal a deal for the land.

But in the month or so since district officials first approached owner Leo Rotta, the talks have grown into a pitched battle over the possibility of the district seizing the land through eminent domain if Rotta doesn't sell voluntarily.

The two sides are struggling for the public's allegiance. Rotta has hired a public relations firm and took out a full-page ad in The Journal News on Dec. 21 blaring "Sound the Alarm." He is accusing the fire district of misusing eminent domain.

But the district and others are saying Rotta is misleading the public when he implies in the ad that the fire district could buy land across the street from Millwood Supply and build there or on one of many other nearby sites.

Not so, said Louis Russo of Prudence Management, who formerly was the management agent for both the Millwood Supply property and the property across the street, which holds Hudson Valley Motorcycle Sales. Both parcels were put up for sale when they were under receivership several years ago. Rotta and his nephew inherited the properties jointly, then split them in the late 1990s after a legal battle, Russo said.

"There was never any offer of the property for sale once the present owner, Millwood Realty, took ownership," he said, referring to the company owned by Rotta's nephew.

A sign saying the property was for sale — pictured in Rotta's ad — was left up as a way to solicit tenants, Russo said. It was taken down recently.

Rotta said he believed the land was for sale based on the sign and had no other information despite his own contentious history with the property.

Rotta is not convinced a new firehouse, estimated to cost around $2.7 million, is even necessary but can list several other sites he thinks the fire commissioners should consider.

Mark Blitstein, a spokesman for the fire district commissioners, said that after a close look at all the other potential sites, Rotta's land was found to be the one that would work for the firehouse both physically and economically.

The choices were limited by the need to be in the center of the district — which serves the western half of New Castle — on a main road and not in a residential area. The new firehouse also could not be near the watershed or on a site limited by rock outcroppings. Also, the fewer tenants that would have to be moved, the better for the district's taxpayers, Blitstein said.