Amenia settles litigation over hamlet plan recommendation

AMENIA — Litigation brought on by Amenia K Realty, LLC, CQM of Amenia and Amenia Meadows, LLC — the legal entities behind the Freshtown supermarket — against the town of Amenia has been dropped because of a resolution passed by the Town Board during its meeting last Thursday, April 16.

The lawsuit stemmed over Resolution 32 of 2008, which stated the board’s preference toward the third of four hamlet concept plans drawn up by Dobson and Associates, LLC. The lawsuit stated that the board’s adoption of the hamlet plan amended the town’s comprehensive plan without going through any of the legal measures required to do so. Amenia Meadows, LLC is made up of a number of investors, including the Katz brothers, who own the Freshtown supermarket.

Attorney to the Town Michael Hayes explained during the April 16 meeting that he originally felt that Resolution 32 was clearly stated as nonbinding.

“But rather than spending money on litigation, we have worked on a proposed settlement,� Hayes said.

Resolution 12 of 2009, which was passed unanimously by the board at the April 16 meeting (with Victoria Perotti abstaining), clarifies that Resolution 32 was nonbinding and only expressed the opinion of the current Town Board. Additionally, the resolution stressed that the board’s opinion does not amend the town’s comprehensive plan or zoning laws in any way.

“We are gratified that the town has clarified this issue through the resolution passed tonight,� stated attorney Meredith Black, representing Amenia K Realty. “With the adoption of tonight’s resolution we see no reason to continue our litigation, which again, was merely meant to ensure that subsequent Town Boards have the opportunity to evaluate future downtown development proposals based upon the principles contained in the duly enacted town comprehensive plan.�

“I consider it a frivolous lawsuit,� town Supervisor Wayne Euvrard said back in March when the action was first filed, explaining that the Article 78 lawsuit was based on a resolution that was passed last year by the Town Board that adopted hamlet plan number three from consultant Harry Dobson. “There were four plans to choose from, and the board looked at them and had public comment, we reviewed them and decided to go with plan three.

“Without zoning it means nothing,� the supervisor added. “It’s somebody’s dream and it’s not going to happen – we didn’t go through a complete SEQRA [State Environmental Quality Review Act] process to make it part of zoning or the comprehensive plan.�

Euvrard went on to say that to implement the hamlet plan without it going through the SEQRA process would be illegal, something the town would not do. Essentially, he said, the hamlet plan was “sitting on the shelf� and was commissioned in the first place by another administration with grant money it had won.

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