RAMAPO — A neighbors' lawsuit asks a state court judge to derail a proposed 637-unit housing enclave with businesses and open space at the former Minisceongo Golf Course.
The legal action claims Ramapo Town Board members violated New York state environmental regulations when approving a higher density zone in March that would allow for the Miller's Pond development amid 143.6 acres outside Pomona.
The neighbors claim town officials failed to take the "requisite hard look" at the development's potential environmental impacts on the surrounding areas, including a condominium complex and the 172-acre Samuel G. Fisher Mount Ivy Environmental Park.
"Petitioners request the court make declaratory judgment decisions as necessary on the lawfulness and applicability of certain aspects of the process in order to provide the relief requested ...", according to the Article 78 legal action filed on July 15 in the New York Supreme Court in New City. Article 78 is used to challenge actions or nonactions by a governing body or its agencies.
Ramapo Supervisor Michael Specht said town attorneys are reviewing the petition and will respond.
“The Article 78 doesn't stay the applicant from proceeding through the Town's land use boards if they choose to proceed with their application while it is pending," he said.
Acting Supreme Court Judge Keith Cornell has been assigned the case.
Plans call for 535 townhouses, 102 apartments
Specht and the four other Town Board members adopted a higher-density zone change after a public hearing and the town's creation of a specialized zoning district for the northeast area of town.
Previous related coverage: Ramapo officials approve zone change for development on former Minisceongo Golf Course
The Miller's Pond development plans , to be reviewed by town land-use boards, call for 535 townhouses and 102 apartments, with 103,000 square feet of retail space across 143.6 acres outside Pomona. The self-contained community would include parks, 5.7 miles of trails, and 56 acres of open space, according to the developer.
Without the zone change, the developer would have been limited to 122 homes under the former zoning.
A high-density housing development has been anticipated since the property was sold in 2016 for $32 million to Joseph Kazarnovsky of Monsey and Mark Mandelbaum of Toronto, Canada, principals of Mount Ivy LLC. The company and Lindifrim Limited Partnership of Lakewood, New Jersey bought the property from the Bergstol family, which designed and opened the 60-acre golf course in 1994.
Neighbors claim Ramapo violated environmental laws
The former golf course is one of the last remaining large swathes of open space in Rockland County. Areas have been designated Environmental Sensitive Areas by the federal Environmental Protection Agency.
The rezoning continued the Ramapo Town Board's history of approving higher-density housing. The board in 2010 rezoned the proposed 474 Patrick Farm development along routes 202 and 306. The board in 2020 rezoned the 224-unit Pascack Ridge development , bordering Clarkstown and Spring Valley. Lawsuits have stalled both developments.
The legal action challenging the Miller's Pond zone change was filed by environmental attorney Susan Shapiro on behalf of the Kearsing and Edwards American Legion Post 1600 and Marilyn Schwartz, Helen Fromen, and Helen Santos. Schwartz and Froman live in the Cambridge Heights Condominiums. Santos lives on Camp Hill Road.
The neighbors are challenging the legality of the Town Board's approvals and the environmental review conducted before the zoning change. Officials voted to permit a maximum of five residential units per acre with a maximum allowable density in any multifamily zone of 12 units per acre.
The Miller's Pond developer sought the upgraded zoning under Ramapo's Planned Unit Development District, known as MP-PUD. The Miller's Pond zone comprises three parcels generally bounded by Samuel G. Fisher Mount Ivy Environmental Park to the north, Station Road to the east, Pomona Road to the south, and Camp Hill Road to the west.
The Town of Ramapo approved the rezoning and adopted the Millers Pond PUD in March after more than a year of public comments, environmental reviews, and comments from other agencies, looking at possible environmental impacts and their significance.
In August 2023, the town found that likely impacts on the environment were not significant and a “Negative Declaration” notice was published by the New York State Department of Environmental Conservation on Sept. 13, 2023.
Article 78 includes earlier legal action on environmental concerns
The Article 78 filing incorporates a legal action filed in December 2023 by Fromen and Robert Ball. They wanted the court to annul decisions made by the town, claiming residents were not properly notified of a public hearing and that the board made an "arbitrary and capricious negative declaration" on the environmental issues.
The legal action claims the Town Board failed to consider environmental impacts and impacts on community character, including on undevelopable land like environmentally sensitive areas, wetlands, streams, and ponds.
The action states officials also didn't properly review the ability of the public water supplier, or sewer and road infrastructures, to meet the needs of the proposed development.
Ramapo officials have countered that their planners and legal advisors followed the regulations.
The legal action asserts Ramapo violated New York's environmental review laws by:
∎ illegally segmenting its environmental review.
∎ failing to make either a negative or positive declaration determination, requiring the preparation of a Draft Environmental Impact Statement.
∎ failing to conduct a new or Supplemental Environmental Impact Study for the site-specific PUD Preliminary Plan.
"Instead, it appears that the Town colluded with the Applicant to circumvent state environmental regulations," the legal action states.
The legal action requests the court find that the town failed to comply with several public notice and public hearing requirements.
Shapiro has filed several legal actions over the years challenging Ramapo decisions on development and zoning, often citing violations of codes and environmental regulations.
The Article 78 asks the court to either annul, vacate or set aside the Town Board's amended findings resolution for being arbitrary and capricious and for failing to provide substantial evidence of its findings.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal Read more articles and bio . Our local coverage is only possible with support from our readers
This article originally appeared on Rockland/Westchester Journal News: Neighbors want court to annul Ramapo approval of 637-unit housing enclave at golf course
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