Saugerties village mayor William Murphy has called a recent New York Supreme Court judge’s decision to dismiss a suit seeking to reverse an August decision by the village planning board overturned “the right decision.” The mayor and village trustees are investigating whether the more than $6000 it cost the village to defend the suit can be recouped from those who filed it.
Ten residents who live near the former Lynch’s Marina, now the Saugerties Steamboat Company’s Ferry Street location, filed suit shortly after village planners gave approval for owner Tom Struzzieri to convert one of the buildings into a banquet and wedding hall. The plaintiffs argued that approvals had been granted in an arbitrary manner, without enough consideration given to possible traffic problems on the local, narrow roads during a wedding, or to possible noise coming from the building during a wedding.
In his decision, judge Richard Mott wrote the planning board’s decision” not requiring an extensive environmental review was “rationally based.” Because restaurants are permitted in the zone with a special-use permit, as was granted by the planning board, Mott ruled, “the board’s approval was not illegal, arbitrary or capricious. Indeed, the classification of a particular use as permitted in a zoning district is tantamount to a legislative finding that the use is in harmony with the general zoning plan and will not adversely affect the neighborhood.”
Bills for the village to defend the suit, according to the village clerk, totaled more than $6000. Murphy said trustees are looking into ways to have those who filed the suit (John DeNicolo, Nancy De Nicolo, Susan J. Murphy, Peter A. Poccia, Mary Sarsheen, Rebecca Stoltzfus, Penelope Milford, Ruth J. Hirsh, Steven J. Samuels and Lee Haring) pay the village’s legal costs.
When Struzzieri Properties applied to the village planning board to convert one of the buildings at Lynch’s marina into a restaurant, banquet and wedding hall, a number of residents objected, charging that the local roads would not be able to handle the traffic during a wedding and that noise from weddings would disrupt the quiet of the area.
The planning board held a number of public hearings, and accepted a number of written comments before deciding to grant a special-use permit allowing the restaurant and wedding venue, according to the judge’s ruling.
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