Legal Action Filed
By Doug La Rocque and Thaddeus Flint
Monday. February 19 was a very busy day in the Southeastern Rensselaer County town. It was confirmed by The Eastwick Press that the attorney representing Tom Hanson in the matter of the trailer park expansion at Route 22 and Brown Road, has served the town with a legal challenge concerning the appointment of David Cass to the Zoning Board of Appeals, at least as far as his ability to hear Brian Baker’s appeal of the permitting of that park. According to Stephentown Supervisor Larry Eckhardt, the action is returnable in early March. He, of course, since it involves litigation, could comment no further on the matter.
At the ZBA’s February 1 public hearing on Mr. Baker’s appeal, attorney Bill Better made the contention that Mr. Cass’s appointment was made conditional that he not take part in the appeal. The ZBA’s attorney Christopher Langlois stated at that time that the Town Board clearly stated at its January 15 meeting the appointment was unconditional. The Eastwick Press reached out to both Mr. Hanson and Mr. Baker for comment, however, neither wished to make any statements on the litigation at this time.
Re-appointing the Building Inspector
Earlier this year, at its organizational meeting, the Town Board failed to re-appoint Dean Herrick as Building Inspector by way of a two-two vote, with Council Member William Jennings recusing himself, stating he had a building project underway that Mr. Herrick would have to inspect. At its Monday night meeting, Council Member P.J. Roder again made the motion to re-appoint Mr. Herrick, which was seconded by Supervisor Eckhardt.
Council Members Gerald Robinson and Pam Keuppers again voted against the re-appointment, but this time Council Member Jennings decided to cast an affirmative vote, admitting he still is building something that Mr. Herrick would be involved in. Thusly, Mr. Herrick was re-appointed. The vote pleased most of the large audience in attendance at the meeting to support Mr. Herrick, some even handing out “Elect Dean” buttons at the doorway.
At the Center of the Controversy
It was Mr. Herrick’s decision to permit Mr. Hanson’s trailer park expansion that brought the appeal by Mr. Baker in the first place. He claims Mr. Herrick’s approval without first sending the matter to the town’s Planning Board and subsequent public hearing violated town code and that the expansion is non-conforming with the area’s zoning. At the February 1 public hearing Mr. Herrick declared a promise made by town officials in 1991, when the zoning regulations were implemented, was the basis of his decision. That promise was made to the public to grant existing properties the right to expand, even in non-conforming zones, in an attempt to clam opposition to the zoning plan. He says that is a promise that has not been withdrawn by any Town Board action since and that he is just keeping the town’s word.
The ZBA has stated it plans to issue a decision on Mr. Baker’s appeal at its March 1 meeting. Whether the legal challenge to Mr. Cass’s ability to hear the case will impact that is unclear at this time.