Dobbs Ferry Rejects Moratorium Request for The Knoll

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A group of residents have been lobbying village officials to 'Save the Knoll.'

August 14, 2024

By Rick Pezzullo—

Dobbs Ferry officials have concluded a moratorium on development in the neighborhood known as The Knoll isn’t possible.

In a July 31 posting on the village’s website, the Board of Trustees responded to recent concerns raised by residents about future construction in that area.

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Members of the “Save the Knoll” citizens group presented a petition signed by 273 residents at the May 28^th Village Board of Trustees meeting requesting the construction delay.

“The village has certain powers to enforce a temporary moratorium on building, but such a moratorium cannot apply to only a specific area or project,” the Board of Trustees stated. “A moratorium would affect all residential building in Dobbs Ferry, including non-controversial projects, and may also affect additions to existing homes, creation of Accessory Dwelling Units (ADUs), and more. Moreover, a moratoria must be temporary, meaning halted projects may still be built in the near future.”

“Village attorneys advise that if the board were to implement the requested moratorium, which is narrowly targeted to affect development in The Knoll, the village would be unlikely to prevail in subsequent lawsuits given the deeded private property rights revealed in the title report,” trustees continued.

There are 12 privately held lots alongside The Knoll, including two lots that are before the Planning Board with proposed plans for development of single-family homes.

Village officials explained a title search by a title company revealed that the paper street known as The Knoll has remained privately owned since its 1926 subdivision and was never dedicated to the village. As a result, the Board of Trustees’ 2005 resolution to “de-map” The Knoll was not sufficient to prevent development of the road and the privately held lots along The Knoll for two intersecting reasons.

“First, the village can only de-map streets it owns.The 12 privately held lots abutting The Knoll retain ownership rights along this entire privately owned paper street to its intersection with existing village streets, guaranteeing these lots’ access to village roads and services,” trustees stated.

“Second, even if the village had ownership rights of the street known as The Knoll in 2005 and could properly de-map that street,the village could not have prevented development of the adjacent lots given the property owners’ deeded rights of access to Village streets,” trustees stressed. “Neither the village nor private landowners can legally cut off access to privately owned buildable lots, as this negates the rights and interests of their owners. Further, a decision to de-map a village street requires a finding that the street has become “useless” as a right-of-way to the general public. Because it provides the only access to the 12 privately held lots, The Knoll could not be deemed ‘useless.’”

“We regret that the 2005 Board were not properly advised on the limitations of their authority and the steps required to obtain and convert to public use the land in the 1926 subdivision to prevent development and maintain open spaces, which was their laudable intention,” trustees added. “The current Board of Trustees is obligated to follow the law as described to us by village counsel.”

However, the Board of Trustees stated it agreed with some of the issues raised by residents.

“Open space in Dobbs Ferry is precious and we share the perspective that existing open spaces and parkland should be preserved whenever possible and that sustainability and resiliency are essential to all development decisions in the village,” the board stated. “Our policy objectives, however, can only be expressed in accordance with the law and rights of all involved parties.”

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