Challengers drop lawsuit against North East ZBA and Watershed Center

NORTH EAST ­­— An arrangement has been made among the players in The Watershed Center special use permit application that is before the town’s Zoning Board of Appeals (ZBA), much to the town’s relief. The Watershed Center is the farm-based education center for sustainable living that has been proposed for Mt. Riga Farm, at the intersections of Kaye, Boston Corners and Rudd Pond roads. The application has raised concerns and voices regarding possible disturbances at the center that could affect surrounding neighbors, whether as a result of traffic, usage and crowds, excess noise, lighting, future construction and other nuisances. But the ZBA conducted a Full Environmental Assessment Form (EAF) under the State Environmental Quality Review Act (SEQRA) process and voted a negative declaration, indicating the project would not result in a significant potential adverse environmental impact. Opponents to the project, many belonging to a group formed specifically to contest the application under the name of the Oblong Neighbors Association, protested. In fact, the association hired attorneys Robert Trotta and Richard Cantor, who filed an Article 78 lawsuit against the ZBA and the applicants, as well as the couple selling Mt. Riga Farm to Brooke Lehman. Lehman and her partner, Gregg Osofsky, own and operate The Watershed Center; Sol Flower Farm owner Andy Szymanowicz plans to run an organic farm operation at the center as well.An Article 78 is a lawsuit used to appeal a decision made by a local agency or court in New York state. Cantor offered the Article 78, filed by Brian Watkins and Scott Kellan, as a bargaining chip to get the negative declaration reversed at the ZBA’s meeting on Nov. 15. In a letter dated Dec. 14, he informed the Hon. Christine Sproat of the Supreme Court at the Dutchess County Courthouse in Poughkeepsie, that the arrangement could very well take place when he requested a one-week adjournment of the case.“Counsel for Brooke Lehman has notified the Zoning Board of Appeals that she will be revising and resubmitting her application for a special use permit to address concerns raised by the public and the board,” Cantor stated. “Because of this, the zoning board is expected at its meeting on Dec. 20, to rescind the negative declaration, which is the subject of this litigation. If that occurs, this proceeding will be moot and we expect the petition to be withdrawn.”At the ZBA meeting on Dec. 20, Chairwoman Julie Schroeder confirmed Lehman’s decision.“She has decided to amend the site plan for a special permit application,” Schroeder said, adding the review will be adjourned until Feb. 21. “We will be re-reviewing the application, plus whatever new material Brooke has, plus I think she’ll have a more complete site plan.”“What we’ve seen up to now is off the table then?” asked ZBA member Edith Greenwood.“Essentially,” replied Schroeder. The zoning board will have to renotice the public hearing and resubmit certain documents to all involved agencies. Lehman will also have to return to the Planning Board for site plan approval.Schroeder, who said she believes the ZBA will remain lead agency for the review process, stressed Lehman is not withdrawing the application, but rather amending it.A letter penned by Lehman’s land-use attorney John Lyons was submitted to and read by the zoning board at its December meeting. It stated that “the applicant’s intention is to submit an amended application,” and by adjourning the review until Feb. 21 it will “give the applicants time to draft and submit the amended application.”Lyons further wrote that in doing so “Ms. Lehman will be able to address some of the concerns which were newly raised by a few members of the community after the negative declaration was issued and to include additional information which will clarify all of the elements of the project.”By meeting’s end on Dec. 20, the zoning board voted unanimously to rescind the negative declaration, and adjourn the review until February. Cantor confirmed the Article 78 will henceforth be dropped as a result.