Article 78
The Coalition announces end of lawsuit to protect the integrity of the approval process
August 27, 2008
The Coalition for the Responsible Growth of Dover (CRGD) today announced an end to its recent lawsuit against the Town of Dover. CRGD now considers the case to be moot in view of the Town Board’s decision on August 6, 2008 to remove that provision of Local Law #1 which expanded the reach of the MC Overlay District to include properties beyond the boundaries of the former Harlem Valley Psychiatric Center (HVPC). In taking steps to amend Local Law #1, the Town Board recognizes that there is no presumption in favor of expanding the MC Overlay District.
The lawsuit had alleged that the Town Board violated the New York State Municipal Home Rule Law by failing to provide adequate public notice of the proposed text, and failing to have the final text of the law on the desks of the Town Board members at least seven days prior to its adoption. The lawsuit also alleged the Town Board violated the General Municipal Law and the Town’s own Zoning Law by not including the proposed change in the draft of the law sent to the Dutchess County Planning Board and the Dover Planning Board for review.
“Now that the lawsuit is favorably resolved, CRGD looks forward to working with the Town Board to assure a good outcome with the Dover Knolls development,” said CRGD President, Carolyn Handler. She added, “CRGD is not interested in legal wins, but only in sound planning and transparency. We are glad that the outcome of the lawsuit preserves the status quo, which was all that was desired at the time it was commenced. We will work to ensure that the Dover Knolls project concentrates on the core area of the HVPC with a high density development and that any development beyond the HVPC is lower density and occurs only after the core is developed consistent the with long established goals of the Town.”
Board adopts law to remove parcel from overlay district
August 14, 2008
The Town Board passed a law removing the language which we opposed because that language had not been properly noticed.
While we are eager to see the project proceed, we want to assure due process is respected and the appropriate agencies, towns and property holders receive the notices they are due according to municipal law. There are good reasons for proper notifications and on a project of this magnitude, it is all the more important that the Town of Dover follow the rules and procedures put in place by the Town, the County and the State and not cut any corners.
Local Law amending Local Law No. 1 of 2008 for the MC Overlay District
July 9, 2008
At the July 9th Special Meeting, the Dover Town Board voted to discuss further the draft of a proposed local law to amend the Local Law No. 1 that was the subject of the Article 78 law suit.
Article 78, Notice of Petition
March 28, 2008
Article 78, Letter to the Dover Town Board
March 28, 2008
Article 78, Affirmation of Jeffrey S. Baker
March 28, 2008
Article 78, Memorandum of Law
March 28, 2008
Article 78, Affidavit of Barbara Clay
March 28, 2008
Article 78, Affidavit of Carolyn B. Handler
March 28, 2008
Article 78, Final Petition
March 28, 2008
