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New lawsuit over Gan Eden Estates

Patricio Robayo - Staff Writer
Posted 6/14/19

Shortly after the Gan Eden Estate lawsuit was settled with the Town of Thompson over zoning and density, Catskill Mountainkeeper (CMK) and The Center for Discovery (TCFD) want the January 2019 …

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New lawsuit over Gan Eden Estates

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Shortly after the Gan Eden Estate lawsuit was settled with the Town of Thompson over zoning and density, Catskill Mountainkeeper (CMK) and The Center for Discovery (TCFD) want the January 2019 Consent Order nullified.

“The lawsuit is narrow in scope. At this time, Catskill Mountainkeeper and The Center For Discovery cannot comment regarding the substance of the matter due to it being pending litigation,” said John Barone, Attorney for Catskill Mountainkeeper and The Center for Discovery.

The complaint against the Town of Thompson, Thompson Planning Board and Gan Eden Estates alleges that they have failed to comply with the open meetings law and violated the New State Environmental Quality Review Act (SEQRA).

“The Center and Catskill Mountainkeeper have good working relationships with the Town of Thompson (including the Planning Board), and both organizations believe that their relationships with the Town will continue moving forward in a positive manner,” said Barone.

Town of Thompson Supervisor Bill Rieber Jr. said, “We settled the Gan Eden lawsuit in good faith. It is my opinion that the Catskill Mountainkeeper suit is overreaching and without merit. Our attorneys will vigorously defend the Town's position.”

Gan Eden had agreed in January, 2019 to a “Consent of Order Settlement” which will adhere the project to Thompson's zoning code for construction of the 535 townhouse units.

The current complaint alleges the Thompson Town Board on January 8 and Thompson Planning Board on January 9—before publicly voting on the settlement—met in executive session to discuss a litigation proceeding at their respective meetings.

“The review of a Sketch Plat for the Gan Eden Project is not part of the Gan Eden Litigation but part of the Planning Board's duties for site plan review. Therefore, review of the Sketch Plat during an executive session on the basis of pending litigation is in violation of the Open Meetings Law,” according to the complaint.

Furthermore, the plaintiffs state the SEQRA process that was taken by Gan Eden does not comply with New York State Department of Environmental Conservation regulations (NYSDEC).

New regulations by NYSDEC no longer permit the use of a draft Environmental Impact Statement (EIS) in place of an Environmental Assessment Form (EAF).

According to the NYSDEC website, an EAF must be completed before the EIS is submitted.

However, according to Dan Horgan, attorney for Gan Eden, they have not submitted or went before the planning board to restart the SEQRA process since the settlement.

“It [lawsuit] does not make any sense to me,” said Horgan. “It just does not make any sense that they [TCFD] are joining MountainKeeper and not wanting to approve the place,” said Horgan.

The Center for Discovery owns several parcels around the proposed development— including properties on Whittaker Road, Liberty Road, and Hurleyville Main Street.

According to the complaint, the center uses or has future plans to use those properties as part of their healthcare and education services for children and adults with disabilities.

If Gan Eden is built, TCFD states it will impact its well water as well as their agriculture and livestock programs.

“It is in the best interest for everyone [the project]. It is not like we are tearing up farmland. It is zoned for this. We will respond to the petition and move forward,” said Horgan.

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