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General News: Ruling Issued in Legacy Ridge Petition
March 19, 2009
A judge has made a ruling in the Article 78 petition brought by the town of Cornwall, the village of Cornwall-on-Hudson, the Cornwall school district and the Black Rock Fish & Game Club against the village of Woodbury for its zoning change that allows the Legacy Ridge development to build 280 cluster-style single-family homes on 749 acres in the area of Mineral Springs and Trout Brook Roads – an area of Woodbury that lies in the Cornwall school district.
Supreme Court Judge John McGuirk found that the municipalities and the school district will not be impacted enough by the zoning change to give them standing to challenge it. The school district had argued that the new homes would overburden the Cornwall schools while the town and village said traffic and pollution would negatively impact cultural and environmental resources.
Only the fish and game club, whose property abuts the proposed development and whose members fish in the Moodna Creek that flows through the Legacy Ridge property, were found to have the standing to pursue the petition against the village of Woodbury.
Town attorney Stephen Gabba, who filed the Article 78 petition on behalf of all the parties, said that the municipalities may appeal the judge’s decision but the petition still will move ahead with just one petitioner, the fish and game club. Cornwall supervisor Kevin Quigley said that a decision to appeal the decision rests with the town board. Similarly, schools superintendent Timothy Rehm said the board of education will have to determine what course of action to take.
In the next phase, the judge will review the merits of the petition that challenges the environmental review process known as SEQRA that was used by the village of Woodbury to assess the impact of the proposed development.
Attorney Gerald Jacobowitz, who represents the Legacy Ridge developers, says that he has twenty days to file an answer to the legal challenge raised in the Article 78 petition. “The judge will see whether the village (of Woodbury) took a hard look,” Jacobowitz said, “when it assembled, reviewed, and analyzed the facts.”
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