General News: Legacy Ridge Petition Dismissed
August 20, 2010
A New York State Supreme Court judge has dismissed an Article 78 petition filed against the village of Woodbury and the developers of the Legacy Ridge housing project by the Black Rock Fish and Game Club of Mountainville.
The petition was filed in April 2008 against the village of Woodbury for its zoning changes that allows the Legacy Ridge development to build 280 cluster-style single-family homes on 749 acres in the area of Mineral Springs and Trout Brook Roads – an area of Woodbury that lies in the Cornwall school district. The Black Rock Fish and Game Club alleged in its petition that the planned development would damage and degrade local streams and cause the loss of historic and cultural resources.
Originally, the town of Cornwall, the village of Cornwall-on-Hudson and the Cornwall school district were part of the petition but Supreme Court Judge John McGuirk ruled in 2009 that they did not have standing, leaving the Black Rock Fish and Game Club as the lone petititioner.
In his ruling this week, Judge McGuirk found that the zoning changes in the village of Woodbury did not conflict with its comprehensive plan nor was it “spot zoning.” He also found that the village followed the requirements for an environmental impact study.
The challenge to the Legacy Ridge development was promoted by local conservationists and members of the school board who were concerned about the influx of a large number of children into the school district.
The Black Rock Fish and Game Club did not comment, pending review of the judge’s ruling.
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