State Supreme Court Justice David Gandin tossed a lawsuit by a group opposed to the Woodstock Library’s move to Bearsville, giving the project the green light to move ahead with plans.
In a ruling issued November 7, Gandin said the library executed its due diligence during environmental review and denied the Article 78 petition that sought to have any action related to the library relocation annulled or enjoined.
“I’m extremely happy. I feel like we’ve done the right process from the beginning,” Library board President Jeff Collins said about the Monday, November 7 decision. “There is no merit to the lawsuit. The judge basically validated that.”
A group called Library Lovers, headed by Hera (no surname) and Elaine Hencke had argued the transformation of 10 Dixon Avenue, the former Miller/Howard Investments headquarters, required more thorough review under the State Environmental Quality Review Act (SEQRA) because it constitutes a significant change of use and should have been considered a Type I action instead of the less-stringent Type II.
The judge disagreed.
“The record before the Court suggests that even had the Board found it was a Type I action, it took the requisite ‘hard look’ at the potential environmental impacts of the library project. The Board conducted a thorough, reasoned investigation before adopting the resolution to relocate the library to 10 Dixon Avenue,” Gandin said in his ruling.
The judge did find fault in the Library’s Type II finding because it involves the “replacement, rehabilitation or reconstruction of a structure or facility in kind on the same site.”
Gandin said the most recent use was an optic lens manufacturing facility and a public library is not a substantially similar use. Gandin apparently missed the fact the most recent use was, in fact, office space, a detail Library Director Jeff Collins said doesn’t matter at this point since the case was dismissed.
Gandin rejected Library Lovers’ argument that a proposed amendment to the usage table in the light industrial district is part and parcel of the project and must be reviewed in tandem.
“Any decision to amend the Town’s zoning code will be made by the Town Board. The Library Board’s finding that the library project was a Type II action is a separate determination.”
The Town Board unanimously approved the change on September 20, well after Gandin received supporting documents in the case.
Library Lovers had argued the change constituted spot zoning, something both the town and Gandin refuted.
“Moreover, any zoning amendment would enable a new use in the entire zoning district and does not just affect 10 Dixon Avenue,” Gandin wrote.
While the opposition group contends contaminants were found on the site dating back to its use as a lens factory, the Library commissioned further test borings and found no significant levels of contaminants. Studies did find high levels of zinc 18 feet or more below ground level, but plans do not call for excavation to this depth.
Hera reserved comment for a later time pending discussion with her supporters on what may come next.
Meanwhile, plans move onward. The library is moving from conceptual design to the design document phase, then it will go out to bid, Collins said.
On May 10, with a vote of 845-500, Woodstockers approved a $3.95 million bond to purchase 10 Dixon Avenue and move the library.
The library purchased the Bearsville building June 29 for $2.579 million and will use the remaining bond funds for renovation and moving expenses.
Library trustees plan to sell the current 5 Library Lane building and the property on which the Library Laundromat sat on a lot across the street. They have committed to transferring the library lawn, which is on a separate lot, to the town to be preserved as a park.
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