By Doug La Rocque
New York State Supreme Court Justice Patrick McGrath has dismissed the action, brought by Attorney Bill Better on behalf of Tom Hanson, asking that Zoning Board of Appeals member Dave Cass’s vote to grant Brian Baker’s appeal of the town’s permitting of the trailer park be denied. It was Mr. Better’s contention that Mr. Cass’s appointment to the ZBA on January 1 of this year was contingent upon the condition he not be allowed to hear or vote on Mr. Baker’s appeal because he was not part of the Board when the process was started. That argument was based on comments ostensibly made during the discussion of the appointment. Town Board member P.J. Roder and Town Clerk Stephanie Wagar have both stated it is their recollection the vote contained this contingency. Other members of the Town Board disagreed and, on January 15, voted once again to appoint Mr. Cass with no conditions. Mr. Roder voted in opposition.
Mr. Better’s action also questioned an executive session called by the Town Board to discuss the appointment, contending this violated the state’s Open Meeting law. The third part of the legal action asked to depose both Mr. Roder and Ms. Wagar in regards to the appointment.
In his decision, issued on Friday, April 27, Justice McGrath wrote the evidence presented in the case made it clear the appointment of Mr. Cass was done without any conditions or contingencies, effectively letting the ZBA’s three to one vote to grant Mr. Baker’s appeal of the permitting of the trailer park to stand. Justice McGrath also ruled that discussions by a Town Board concerning any possible appointments may be held in Executive Session, providing no vote is taken during such a session. He ruled the evidence indicated the vote was conducted in an open meeting, and thusly no violation occurred. As to the request to depose both Mr. Roder and Ms. Wagar, Justice McGrath ruled the minutes regarding the January 1 meeting “provide a complete factual predicate for this Court’s decision” and denied that request.
Not the End of the Story
The Eastwick Press has spoken to Tom Hanson, who indicated he did not wish to comment upon Justice McGrath’s decisions, but also indicated his attorney (Bill Better) has filed an Article 78 preceding with the court, asking that the ZBA’s decision be set aside on the merits of the evidence presented to the ZBA, Mr. Cass’s participation and vote aside. This action is filed against the ZBA and the Town of Stephentown, and names Brain Baker as “an interested party.” The ZBA has ruled that Mr. Baker’s appeal was timely, and after hearing nearly three hours of testimony, voted three to one to grant the appeal.
Mr. Baker tells The Eastwick Press he has two possible courses of action. One is to answer to Article 78 proceedings filed on behalf of Mr. Hanson, and the second is to file what is called a “taxpayers lawsuit” against the town. Following the written ZBA decision, Mr. Baker sent a letter to the town, asking work on the trailer park be stopped, and indeed, reversed. The town did not respond within the 10 days stated by Mr. Baker in the letter. Mr. Baker indicates he plans to do both.
The trailer park in question is located at the corner of Route 22 and Brown Road. Mr. Hanson bought the land adjoining the six-unit trailer park that currently exists and applied to the town for a building permit to construct seven additional sites, complete with water and sewer improvements. Those improvements have, according to Mr. Hanson, been completed and two new trailers have been placed on the site, though not yet occupied. The land adjoining the existing trailer park is not zoned for new trailers, but was considered “grandfathered in” by Building Inspector Dean Herrick, who said he was honoring a statement made by town officials in 1991 when zoning was established. At that time a promise was made by the town to existing landowners that they would be allowed to expand on their lands, even it the expansion was non-conforming with the new zoning regulations. Mr. Herrick stated during the ZBA meeting considering Mr. Baker’s appeal that no Town Board since has repealed that provision and cited other instances in the town concerning trailer parks where expansion has been allowed, citing that 1991 promise.
Town Supervisor Larry Eckhardt has told The Eastwick Press, the Town Board plans to meet with Mr. Herrick to discuss revising or doing away with the 1991 provision all together.